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FINAL 2022 0322 Council Agenda PacketMoses Lake City Council Dean Hankins, Mayor |Don Myers, Deputy Mayor | Deanna Martinez, Council Member | Dustin Swartz, Council Member Mark Fancher, Council Member | David Eck, Council Member| Judy Madewell, Council Member REMOTE ACCESS OPTION and IN PERSON UPDATE Citizens can join this meeting remotely by calling the numbers listed at the bottom of the agenda, or via internet at https://cityofml.zoom.us/j/83652426280. Persons requesting to address the Council from the remote option will need to complete the online speaker request form before 3 p.m. on the day of the meeting. Masks are now optional and not required for in person attendees. Tuesday, March 22, 2022 Moses Lake Civic Center – 401 S. Balsam or remote access Study Session 6:00 p.m. – Municipal Airport Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Citizen’s Communications Summary Reports: Mayor’s Report - Parks, Recreation, and Cultural Service Board Appointment Motion Additional Business City Manager’s - Wellness Committee Recognition -Municipal Services GIS Technician New Hire -WMCA President’s Award -Lakeside Disposal Spring Clean Up Event -MLIRD Lake Clean Up - Extra Territorial Application Process Hold -County Urban Growth Area Application, addendum pg 5 -Redflex Amnesty Program, addendum pg 1, Motion Moses Lake Council Packet 3-22-22, Page 1 of 131 March 22, 2022, City Council Meeting Page 2 _________________ Public Hearing #1 pg 4 Parks, Recreation, and Open Space Plan Resolution 3884 Motion Presented by Susan Schwiesow, Parks, Recreation, and Cultural Services Director Summary: Council to hear from public, review and consider adoption Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #2 pg 8 a.City Council Meeting Minutes Dated March 8, 2022 b.Claims and Payroll c.Watermain Easement Resolution 3887 d.Abandon Watermain Easement Resolution 3888 e.Award COF Misc Upgrades Project f.Award Reservoir 2 Painting Project g.Barrington Point Phase 4B Plat Improvement Resolution 3892 h.Groff Elementary Plat Improvement Resolution 3893 i.Lauzier Field Project Award Old Business #3 Motion #4 pg 52 Hay Boy Farms Land Lease Reimbursement Presented by Dave Bren, Municipal Services Director Summary: Council to review and consider approval pg 59 Wireless Regulations Code Change Ordinance Presented by Lee Creiglow, Interim Community Development Director Summary: Information Only New Business #5 Motion #6 pg 79 Affordable Housing Advisory Committee Resolution 3889 Presented by Lee Creiglow, Interim Community Development Director Summary: Council to review and consider adoption pg 84 Development Fee Schedule Update Resolution 3890 Motion Presented by Dave Bren, Municipal Services Director Summary: Council to review and consider adoption Moses Lake Council Packet 3-22-22, Page 2 of 131 March 22, 2022, City Council Meeting Page 3 _________________ #7 pg 88 Park Board Manual Resolution 3891 Motion Presented by Susan Schwiesow, Parks, Cultural, and Recreation Services Director Summary: Council to review and consider adoption #8 pg 124 Grant County Chipping Program ILA Motion Presented by Susan Schwiesow, Parks, Cultural, and Recreation Services Director Summary: Council to review and consider approval Administrative Report -Legislative Update -Housing Program Annual Report -Sinkiuse Clock Repairs, addendum page 3-Website Redesign Surveys, addendum page 4 Council Communications and Reports Executive Session Property Sale and Potential Litigation pursuant to RCW 42.30.110(1)(c) and (i) Adjournment Next Regular Council Meeting is scheduled for April 12, 2022 NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 764-3703 as soon as possible so that arrangements may be made prior to the meeting time. Zoom Meeting – Audio Only Please click the link below to join the webinar: https://cityofml.zoom.us/j/83652426280 Or iPhone one-tap: US: +12532158782,,83652426280# or +13462487799,,83652426280# Or Telephone: Dial(for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 836 5242 6280. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ Moses Lake Council Packet 3-22-22, Page 3 of 131 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Susan Schwiesow, PRCS Director Date: March 15, 2022 Proceeding Type: Public Hearing Subject: Parks, Recreation & Open Space Plan Resolution Legislative History: Financial Impact: •First Presentation: March 22, 2022 Budgeted Amount: 50,000.00 •Second Presentation: Unbudgeted Amount: •Action: Motion Total Cost: Overview In March of 2021, Council approved for BerryDunn to update our Parks, Recreation & Open Space Plan. Today, we are asking for approval of the Plan. This 5-Year Parks, Recreation, and Open Space Master Plan is an update to the Department’s 2016 Parks Master Plan, adopted in compliance with the State of Washington Recreation and Conservation Office guidelines. This Plan, along with a series of other planning documents, provide a framework for future planning efforts and will act as a road map, guiding the City and Department over the next 5 years and beyond. Updating and development of this Parks, Recreation, and Open Space Master Plan was accomplished by a team of staff, community members and the consulting team. Assisting BerryDunn were the teams from Bernardo Wills Architects and RRC Associates. City staff provided considerable input and assistance throughout the project. This collaborative process led to the creation of a Plan that blends consultant expertise with the local knowledge of staff, community members, appointed and elected City officials, and stakeholders. The development of this Plan included the following tasks: •Document collection and review •Demographics and trends analysis •Community engagement •Creation of new Department Vision, and Mission statements and Hallmarks •Organizational, financial, and recreation programming analysis •Maintenance and operations analysis •Facility Inventory and Level of Service (LOS) analysis 50,000.00 Moses Lake Council Packet 3-22-22, Page 4 of 131 Page 2 of 2 •Potential funding opportunities •Recommendations: goals, objectives, and action plan, and a capital improvement plan We are looking forward to the Parks, Recreation, and Open Space Plan to be adopted and to start working on the goals for our department. Fiscal and Policy Implications $50,000 was budgeted for the update to the plan. Council Packet Attachments A. Resolution B. Link to the Parks, Recreation & Open Space Plan Finance Committee Review N/A Legal Review N/A Options Option Results •Adopt Parks, Recreation & Open Space Plan The plan will be implemented and our department will move forward. •Provide staff with changes Staff will work with consultants to make changes. •Take no action The plan will not be adopted. Action Requested Staff recommends Council to adopt the Parks, Recreation and Open Space Plan. Moses Lake Council Packet 3-22-22, Page 5 of 131 RESOLUTION 3884 A RESOLUTION ADOPTING THE 2022 PARKS, RECREATION AND OPEN SPACE PLAN Recitals: 1.The City Council adopted a Parks, Recreation and Open Space Plan on March 22, 2022, which expires March 22, 2028. 2. The Washington State Recreation and Conservation Office (RCO) requires that the new planbe developed for parks and recreation, trails, and open space in order for the City to remain eligible for grants and requires that such a plan be submitted to the State of Washington by April 2022. 3. The proposed 2022 Plan has been prepared to meet the requirements of the RCO with anupdated inventory of parks, recreation. And cultural resources, a reaffirmation of goals and objectives for park development, public involvement, demand and need analysis, level of service assessment, capital improvement program and adoption. 4. The public outreach effort included a public survey which was available on the city’s website,posted on the Parks, Recreation & Cultural Services Department’s Facebook pages, emailed to contacts, and delivered via the city’s E-Notification system. The survey ran from June 2021 through August 2021. The total number of survey responses received was 653. 5. Public forums were held by zoom in May of 2021, to solicit feedback and gather information. 6. The Moses Lake City Council held a public meeting on the completed 2022 Parks, Recreation and Open Space Plan on March 22, 2022. A Public Notice regarding this hearing was publishedin the local newspaper, and notices were posted on the city’s website. 7. The 2022 Parks, Recreation and Open Space Plan sets forth the department’s long-range policies and goals for the department and includes updated economic information, new and updated information regarding parks and facilities, and an analysis of the 653 survey responsesand comments. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Moses Lake: 1.The City of Moses Lake’s 2022 Parks, Recreation and Open Space Plan is hereby adopted. TheParks, Recreation & Cultural Services department is authorized to submit the adopted 2022 Planto RCO, and this plan replaces Moses Lake Parks, Recreation & Cultural Services 2016 plan. 2.The 2022 Parks, Recreation and Open Space Plan is hereby incorporated as part of the City of Moses Lake’s Comprehensive Plan. Moses Lake Council Packet 3-22-22, Page 6 of 131 ADOPTED by the City Council of the City of Moses Lake, Washington, this 22nd day of March, 2022. ____________________________________ Dean Hankins, Mayor ATTEST: ______________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 3-22-22, Page 7 of 131 MOSES LAKE CITY COUNCIL March 8, 2022 Parks Master Plan Study Session BerryDunn, formerly GreenPlay, Project Consultant Jeff Milkes presented the Parks Master Plan. He discussed the purpose, public participation, findings, goals and objectives of the Plan. A Public Hearing and adoption has been scheduled for the March 22 Council Meeting. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:31 p.m. by Mayor Hankins with audio remote access. Special notice for attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Hankins; Deputy Mayor Myers; Council Members Fancher, Eck, Martinez, and Madewell. Council Member Swartz attended remotely. PLEDGE OF ALLEGIANCE Municipal Airport Board Member Darrin Jackson led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Fancher moved to approve the Agenda as presented, second by Council Member Martinez. The motion carried 7 – 0. SUMMARY REPORTS MAYOR’S REPORT Colville Tribes Visit (CM REPORT??) Mayor Hankins, City Manager Allison Williams, and School District staff travelled to Nespelem to meet with the Colville Tribal Council. They discussed the mascot changes and whether or not Chief Moses Middle School would need to be re-named. City staff will present a Land Acknowledgement Statement for City Council to approve as requested by the Colville Tribal Council. International Women’s Day Mayor Hankins recognized City leadership in honor of International Women’s Day dedicated to women’s achievements, awareness against gender bias, and action for equality in the world. CITY MANAGER’S REPORT Employee New Hire and Promotions for Police and Public Works Police Chief Kevin Fuhr introduced new Officers Nic Metcalf and Jose Ramirez, as well as Aaron Hintz’s promotion to Sergeant and administered their oaths of duty. Municipal Services Director Dave Bren announced Tony Massa’s promotion to Public Works Superintendent. Employee Appreciation Day City Manager Allison Williams provide treats for staff on March 4 in honor of Employee Moses Lake Council Packet 3-22-22, Page 8 of 131 CITY COUNCIL MINUTES – March 8, 2022 pg. 2 Appreciation Day. Directors are working on a video to show their appreciation to all employees. City Vision, Mission, and Priorities The City’s Vision, Mission and Priorities is a result of the recently adopted Comp Plan and the Council Retreat held February 26. Staff will be working on a process to include employees and Council in developing Core Values. Action taken: Council Member Fancher moved to approve the City Vision, Mission and Priorities as presented, second by Council Member Martinez. The motion carried 7 – 0. CONSENT AGENDA #1 a. City Council meeting minutes dated February 22 and 26, 2022 b. Claim ACH 130-135 in the amount of $655,379.83; Claim Checks 155316 – 155390 in the amount of $186,539.71; Payroll Checks 64210 through 64217 in the amount of $2,581.68; and Electronic Payments in the amount of $460,951.81. c. Code Clean Up Ordinance 3001 d. Authorized Check Signers Resolution 3885 e. Odessa Memorial Purchasing Co-Op ILA f. Redflex Contract Amendment #6 g. Hayden Homes Sagecrest Project Resolution 3886 Action taken: Council Member Martinez moved to approve the Consent Agenda as presented, second by Council Member Madewell. The motion carried 7 – 0. OLD BUSINESS #2 MLIRD Joint Water Planning MOU This agreement outlines the mutual support of each entity to study the statutory responsibilities and maximizing the water infrastructure. The timing of the study with the update of the City’s Development Regulations will help expedite future partnerships for implementation. The ILA that was included in the meeting packet was changed to a Memorandum of Understanding. Kaj Selmann spoke about the MLIRD’s excitement to get this off the ground. Action taken: Council Member Swartz moved to approve the MLIRD Joint Water Planning MOU, second by Council Member Martinez. The motion carried 7 – 0. #3 Municipal Airport PDA Feasibility Report Jeff Bishop with Effectuate summarized the findings of his study. Municipal Airport Board Member also provided comments to Council. Council requested a Study Session to further explore and obtain information on the PDA options. #4 Annexation Status Information The annexation moratorium has expired and the City can accept petitions for annexation. The City Manager identified that the City should be strategic about areas to annex as that should be the first option when an ETA is considered. This led to the next item, a Moses Lake Council Packet 3-22-22, Page 9 of 131 CITY COUNCIL MINUTES – March 8, 2022 pg. 3 continuation of the review of the City’s ETA policy and process. #5 Extra Territorial Agreement Policy Discussion Extra Territorial Agreements (ETA) are used to provide water and sewer services within the Urban Growth Area (UGA). Staff has drafted a policy that provides clarification and guidance for processing an ETA, and how they should be presented to City Council for approval. There is further analysis needed with the provision of ETA agreements specifically due to the impacts on urban services and the compliance with State law regarding the concurrency of those services within 6 years of development. NEW BUSINESS #6 Assistant Municipal Services Director Funding Request Staff requests adding back the Assistant Municipal Services Director under the re- organization of the department. Included in the skillset would be experience in grant writing, budgeting, transportation planning and design, and engineering. A Professional Engineer license will be preferred, but not required. Action taken: Council Member Eck moved to approve the Assistant Municipal Services Director position as presented, second by Council Member Martinez. The motion carried 7- 0. ADMINISTRATIVE REPORTS Permit Center Remodel Update The Permit Center remodel is underway. The goal is to have a single service counter and move to an online permit portal. Additionally, the Permit Center will be operated by two permit coordinators who will route projects through their entire life cycle. Community Development Project List The most recent Community Development project list was provided in the packet. The City Manager identified the number of residential lots going through permitting. Community Development Interviews Two Council Members were invited to participate on the interview panel for Community Development Director next week. Council Members Eck and Fancher volunteered. Council Birthdays for February and March Staff and Council’s February and March birthdays were announced. COUNCIL COMMUNICATIONS AND REPORTS Council Member Fancher asked about the Comp Plan application to the County. City Manager Allison Williams said that it is currently being written for submittal by March 31. Council Member Myers participated in the Point in Time Count. He discussed how mental health and drugs are the main concerns among the homeless population. Mayor Hankins announced that masks will no longer be required at the next Council Meeting. Moses Lake Council Packet 3-22-22, Page 10 of 131 CITY COUNCIL MINUTES – March 8, 2022 pg. 4 ADJOURNMENT The regular meeting was adjourned at 7:51 p.m. ______________________________________ Dean Hankins, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 3-22-22, Page 11 of 131 To: Allison Williams, City Manager From: Madeline Prentice, Finance Director Council Meeting Date: March 15, 2022 Proceeding Type: Consent Agenda Subject: Disbursement Report since March 8, 2022, Council Meeting The following amounts were budgeted and sufficient funds were available to cover these payments: Electronic Transfers 136 – 141 $ 671,924.18 Checks 155391 – 155616 $ 1,302,761.56 Payroll Checks No Payroll since last meeting $ 0.00 Electronic Payments Payroll ACH $ 0.00 Summary RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place. Moses Lake Council Packet 3-22-22, Page 12 of 131 COML Packet Page 13 add on 6 pages COML Packet Page 13 add on 6 pages COML Packet Page 13 add on 6 pages COML Packet Page 13 add on 6 pages COML Packet Page 13 add on 6 pages COML Packet Page 13 add on 6 pages Page 1 of 3 STAFF REPORT To: Allison Williams, City Manager From: David Bren, PE, Municipal Services Director Date: March 13, 2022 Proceeding Type: Consent Agenda Subject: Accept Watermain Easement Resolution 3887 Legislative History: Financial Impact: • First Presentation: March 22, 2022 Budgeted Amount: 0.00 • Second Presentation: Unbudgeted Amount: 0.00 • Action: Motion Total Cost: 0.00 Overview The Engineering staff are preparing a watermain reconstruction project to replace a steel watermain adjacent to the AERO-TEC building on Port Property. Older steel watermain has not aged well and staff has had to replace it whenever it is encountered. In addition, the pipe crosses under the corner of a Port owned building, which is not acceptable for public utilities. A new PVC watermain will be constructed in a more suitable location. Staff have prepared easement abandonment documents for the location of the existing watermain. The proposed watermain location will require a new easement, which will be presented in a follow-up staff report. Moses Lake Council Packet 3-22-22, Page 13 of 131 Page 2 of 3 Fiscal and Policy Implications The long-term operation and maintenance of the watermain are fiscal considerations. Attachments A. B. C. D. Resolution to Create New Easement New Easement Filing Map of Easement to by Abandoned Map of New Easement Finance Committee Review N/A Legal Review Type of Document Title of Document Date Reviewed by Legal Council • Resolution • Resolution to Create Easement March 14, 2022 NEW EASEMENT OLD EASEMENT Moses Lake Council Packet 3-22-22, Page 14 of 131 Page 3 of 3 Options Option Results • Adopt the resolution to create a new easement Authorize the creation of the easement by staff • Review and comment Update the easement abandonment per Council comments and feedback • Take no action Existing watermain remains the same. Staff Recommendation Staff recommends City Council adopt the Resolution accepting the municipal easement for the new watermain. Moses Lake Council Packet 3-22-22, Page 15 of 131 RESOLUTION 3887 A RESOLUTION ACCEPTING A MUNICIPAL WATERMAIN EASEMENT FROM THE PORT OF MOSES LAKE FOR A WATERMAIN RECONSTRUCTION PROJECT RECITALS: 1. The City of Moses Lake is reconstructing a watermain on Port of Moses Lake property. 2. The existing watermain is constructed of steel and is located under a building, both of which cause the city maintenance issues. 3. The new watermain will be constructed of modern PVC material and will be in a more suitable location. 4. A Municipal Easement has been prepared by staff and then reviewed and signed by the Port of Moses Lake. RESOLVED: 1. The City of Moses Lake, Washington, accepts a Municipal Watermain Easement from the Port of Moses Lake. Adopted by the City Council on March 22, 2022. _______________________________ Dean Hankins, Mayor ATTEST: __________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 3-22-22, Page 16 of 131 Page 1 of 5 RECORD AND RETURN TO Wayne Ostler Municipal Services Dept. Engineering Division City of Moses Lake P.O. Box 1579 Moses Lake, WA 98837 MUNICIPAL WATERMAIN EASEMENT Grantor: The Port of Moses Lake Grantee: The City of Moses Lake, a municipal corporation Abbreviated Legal: A Portion of the NW ¼ of the NW ¼ of Section 33, T. 20 N., R. 28 E., W.M. Assessor’s Parcel Number: 17-1020-000 For and in consideration of the benefits derived and to be derived by Grantor herein, and other good and valuable consideration, receipt whereof is hereby acknowledged, Grantor, THE PORT OF MOSES LAKE, (hereinafter “Grantor”) hereby grants, conveys and warrants to Grantee, the CITY OF MOSES LAKE, (hereinafter “Grantee”) in Grant County, Washington, a Washington municipal corporation, its successors and assigns, a perpetual, permanent, nonexclusive easement described in Exhibit “B”, on, under, over, through and across the properties described in Exhibit “A” by this reference incorporated herein, for municipal purposes: EXHIBIT A PROPERTY LEGAL DECRIPTION: Per Quit Claim Deed 1355333: That part of Larson Air Force Base located in Township 20 North, Range 28 East, Willamette Meridian described as follows: Beginning at a point on the East line of Section 33, said Township 20 North, Range 28 East N. 0°53’26’ W. 816.70 feet from the Southeast corner of said Section 33, said Township 20 North, Range 28 East, Willamette Meridian, (whose Washington State Grid South zone coordinates are Y674047.08 – X2298909.20 and are referred to U.S.C. & G.S. station “SPAD” whose Washington State Grid South zone coordinates are Y676911.66 – X2288625.74); thence continuing along the East line of Section 11, N 0°53’26” W. 800.00 feet; thence N. 23°13’02” W. 3965.95 feet; thence N 26°09’20” E. 1097.79 feet; thence N. 72°42’20” W. 750.66 feet; thence N. 17°18’07” E. 6650.35 feet; thence N. 53°19’27” E. 1000.23 feet; thence N. 57°33’24” E. 1354.14 feet to the centerline of a county road known as Randolph Road; thence N. 61°31’45” E. 353.51 feet; thence N. 36°40’11” W. 2300.04 feet; thence S. 48°16’34” W. 350.60 feet to the centerline of said Randolph Road; thence S. 48°16’34” W. 1355.75 feet; thence S. 53°19’07” W. 936.18 feet; thence N. 72°41’18” W. 4179.79 feet; thence N. 18°40’52” W. 5131.26 feet; thence S. 59°23’01”” W. 67.46 feet; thence N. 14°07’47” W. 837.66 feet to the North line of Section 17, Moses Lake Council Packet 3-22-22, Page 17 of 131 Page 2 of 5 said Township 20 North, Range 28 East, Willamette Meridian; thence N. 89°48’03’ W. along the North line of said Section 17, 2540.59 feet; thence S. 24°05’49” E. 2118.42 feet; thence S. 59°23’01” W. 226.23 feet; thence S. 17°53’16” E. 663.84 feet; thence S. 21°50’50”E. 871.28 feet; thence S. 18°44’22” E. 3378.60 feet; thence S. 17°17’52”W. 6525.46 feet thence S. 53°19’26” W. 971.96 feet; thence S. 58°21’59” W. 967.56 feet to the West line of Section 29, said Township 20 North, Range 28 East, Willamette Meridian; thence S. 0°20’54” E. along the West Line of said Section 29, 2,098.89 feet to the Southwest corner of said Section 29; thence S. 0°21’59” E. 568.87 feet; thence N. 89°42’14” E. 1058.89 feet; thence N. 46°14’50” E. 994.25 feet; thence N. 89°01’05” E. 481.27 feet; thence S. 1°00’40” E. 174.87 feet; thence N 89°02’50” E. 553.13 feet; thence S. 0°56’55” E. 593.55 to feet the centerline of a private road known as Andrews Street.; thence N. 89°07’35” E. along the centerline of Andrews St. 1922.00 feet to the Westerly right-of- way of a county road known as 5th Ave. said point also being the beginning of a county road known as Andrews St.; thence N. 0°52’25’ W. 30.00 feet to the Northerly right-of-way of said Andrews St.; thence N. 89°07’35” E. along the north right-of-way of Andrews St. 790.00 feet to the centerline of a private road known as 4th Ave.; thence S. 0°52’25” E. along the centerline of 4th Ave. 580.00 feet; thence N. 89°07’35” E. 730.00 feet to the Westerly right-of-way of a county road known as 3rd Ave.; thence N. 0°52’25” W. along the West right-of-way of said 3rd Ave. 550.00 feet to the centerline of said Andrews St.; thence S. 0°52’25” E. along the West right-of- way of 3rd Ave. 19.94 feet; thence N 89°07’35” E. 161.11 feet; thence S. 22°16’16” E. 84.63 feet; thence S. 49°33’58” E. 337.81 feet; thence N. 89°53’05” E. 228.20 feet to the centerline of a private road known as 1st Ave.; thence S. 12°20’10” E. along the centerline of said 1st Ave. 1232.85 feet to the centerline of a private road known as Chanute St.; thence S. 89°07’35” W. along the centerline of Chanute St. 606.53 feet to the centerline of a private road known as 2nd Ave. thence S. 0°52’25” E. along the centerline of said 2nd Ave. 740.00 feet to the Southerly right-of-way of a county road known as Dover St.; thence S. 89°07’35” W. along the South right- of-way of Dover St. 282.35 feet to the centerline of said county road being 3rd Ave.; thence continuing along the South right-of-way of said Dover St. S. 89°07’35” W. 569.51 feet; thence S. 0°56’55” E. 463.22 feet; thence N. 89°07’35” E. 599.51 feet to the Easterly right-of-way of said 3rd Ave.; thence S. 0°56’55” e. along the East right-of-way of 3rd Ave. 954.65 feet to the centerline of a private road known as Forbes St.; thence N. 89°09’50” E. along the centerline of Forbes St. 1639.88 feet; thence S. 19°26’35” E. 1027.70 feet; thence N. 71°16’25” E. 2415.68 feet to the Point of Beginning. TOGETHER WITH That part of Larson Air Force Base located in Sections 17, 20 and 29, T 20 N, R 28 E, W.M. described as follows: Beginning at the Northwest corner of said Section 29, whose Washington State Grid South Zone Coordinates are Y=684724.22, X= 2288211.94 and are referred to U.S.C. & G.S. Station “SPAD” whose Washington State Grid South Zone Coordinates are Y=676911.66, X=2288625.74; thence S. 89°08’00” E along the North line of said Section 29, 658.84 feet; thence N 0°40’02” W 2671.33 feet; thence S 89°16’57’ E 661.56 feet; thence N 0°43’24” W 2689.90 feet; to the North Line of said Section 20; thence S 89°59’45’ W along said North line 1333.94 feet to the Northwest corner of said Section 20; thence N 0°31’45” W along the West line of said Section 17, 2665.91 feet to the West 1/4 corner of said Section 17; thence S 89°40’31” E along the East West centerline of said Section 17 2251.87 feet to the Westerly line of a tract conveyed to the Port of Moses Lake; thence along said Westerly line S 17°53’16” E 0.36 feet and S 21°50’50” E 871.28 feet and S 18°44’22” E 3378.60 feet and S 17°17’52” W 6525.46 feet and S 53°19’26’ W 971.96 Moses Lake Council Packet 3-22-22, Page 18 of 131 Page 3 of 5 feet and S 58°21’59” W 967.56 feet to the West line of said Section 29; thence n 0°20’54” W 614.34 feet to the West 1/4 corner of said section 29; thence N 0°13’36’ W along the West line of Section 29, 2717.02 feet to the Northwest corner of Section 29 and the Point of Beginning. LESS That portion of the John D. Swift Larson Air Force Base survey drawing Job 778, recorded on June 2, 1971 located in that portion of the Northwest quarter of the Southwest quarter and that portion of the Southwest quarter of the Northwest quarter of Section 29, Township 20 North, Range 28 East, W.M., County of Grant, State of Washington, as delineated and described on the Boundary Line adjustment Record of Survey drawing prepared by Western Pacific Engineering and Survey, Inc. dated June, 2015, and described as follows: Beginning at a United States Bureau of Reclamation Brass Cap monument marking the Southwest corner of the Northwest quarter of said Section 29; Said point bears South 00°13’15” East, a distance of 2716.58 feet from a United States Bureau of Reclamation Brass Cap monument marking the Northwest corner of the Northwest quarter of said Section 29; thence North 00°13’15” West, coincident with the West boundary line of the northwest quarter of said Section 29 and coincident with the west boundary line of said Swift survey drawings, a distance of 873.23 feet; thence North 89°45’17’ East, a distance of 581.75 feet; thence South 36°40’52” East, a distance of 937.19 feet to a point on the westerly boundary line of the parcel described as ‘Port of Moses Lake A’ on the said Swift survey drawings; said point bears South 53°19’08” West, coincident with the said westerly boundary line, a distance of 584.82 feet from a one half inch pipe with tack; thence South 53°19’08” West, coincident with the said westerly boundary line, a distance of 387.11 feet to a one half inch pipe with tack; thence South 58°23’30” West, coincident with a westerly line of said ‘Port of Moses Lake A’ parcel, a distance of 967.51 feet to a point on the west boundary line of the southwest quarter of said Section 29; said point is also a northwesterly corner of said ‘Port of Moses Lake A’ parcel; thence north 00°21’11” West, coincident with the west boundary line of the southwest quarter of said section 29, a distance of 614.23 feet to the Point of Beginning. Containing 3,244.57 ACRES, more or less. Assessor’s Parcel Number: 17-1020-000 EXHIBIT B WATER MAIN EASEMENT LEGAL DESCRIPTION: A STRIP OF LAND 10 FEET IN WIDTH, LYING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 33, TOWNSHIP 20 NORTH, RANGE 28 EAST, W.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF ANDREWS STREET AND PATTON BOULEVARD, MARKED BY A 2 1/2 INCH ALUMINUM CAP, PLS 12941, FROM WHICH THE INTERSECTION OF ANDREWS STREET AND 26TH AVENUE, MARKED BY A 5/8 INCH REBAR, BEARS S89°06’08”W 420.24; THENCE S88°56’09”E, 664.62 FEET TO THE CENTERLINE OF A PROPOSED WATER MAIN, BEING THE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE; THENCE N00°59’25”W 71.27 FEET TO A WATER SERVICE BRANCH TEE, HEREINAFTER REFERRED TO AS POINT ‘B’; Moses Lake Council Packet 3-22-22, Page 19 of 131 Page 4 of 5 THENCE S89°00’33’W ALONG SAID WATER SERVICE LINE, 57.17 FEET TO THE POINT OF TERMINUS OF SAID BRANCH LINE; THENCE RETURNING TO POINT ‘B’ AND THE CONTINUATION OF SAID EASEMENT CENTERLINE; THENCE N00°59’25”W, 150.77 FEET; THENCE N21°30’35”E, 76.80 FEET; THENCE N44°00’35”E, 12.02 FEET; THENCE N21°30’35”E, 21.26 FEET TO A WATERMAIN TEE, HEREINAFTER REFERRED TO AS POINT ‘C’; THENCE N66°29’25”W ALONG THE BRANCH LEG OF SAID WATERMAIN, 20.57 FEET TO THE POINT OF TERMINUS OF SAID BRANCH LINE; THENCE RETURNING TO POINT ‘C’ AND THE CONTINUATION OF SAID EASEMENT CENTERLINE; THENCE N21°30’35”E, 80.71 FEET; THENCE N00°59’25”W, 37.18 FEET TO A WATERMAIN TEE, HEREINAFTER REFERRED TO AS POINT ‘D’; THENCE N88°27’34”E ALONG THE BRANCH LEG OF SAID WATERMAIN, 15.41 FEET TO THE POINT OF TERMINUS OF SAID BRANCH LINE; THENCE RETURNING TO POINT ‘D’ AND THE CONTINUATION OF SAID EASEMENT CENTERLINE; THENCE N00°59’25’W, 4.44 FEET; THENCE N44°00’35”E, 19.23 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; SUBJECT TO THE FOLLOWING: 1. Grantee shall have the right at all times to enter the premises described for municipal purposes, including, but not limited to: reading and maintaining water meters, flushing and servicing fire hydrants, exercising water valves, etc. 2. Grantee will not hinder the Grantor’s ability to fence or gate the property. Grantor will provide Grantee the ability to access public utilities 24 hours for emergency repairs or maintenance. 3. Said grant of easement is for a public use and shall include all rights reasonably necessary or incident for Grantee’s municipal purposes, including the rights of ingress and egress. 4. Grantor shall not use or make use of the property described herein so as to interfere with, impede, restrict, or otherwise conflict with Grantee’s use of this easement. Grantor may grant easements to others in the area of the easement so long as such easements are not in conflict with nor interfere with this easement granted to the City of Moses Lake. Any additional easements granted shall reference this easement and Grantor shall be responsible to the City of Moses Lake for any damage to its property or interference with the easement granted herein. 5. This grant of easement is a covenant running with the land and shall be binding upon the heirs, personal representatives, successors and assigns of both parties. IN WITNESS WHEREOF this easement is executed as of this ______day of _________, 2022 By__________________________________ Don Kersey Moses Lake Council Packet 3-22-22, Page 20 of 131 Page 5 of 5 Washington State Grant County I certify that I know or have satisfactory evidence that Don Kersey, Executive Director for the Port of Moses Lake signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it to be the free and voluntary act for the purposes mentioned in the instrument. Dated_______________________________________ ____________________________________________ (Print Name) ________________________________, Public Notary (Signed) My appointment expires________________________ Moses Lake Council Packet 3-22-22, Page 21 of 131 WWFWFWFW WWWW HANGER BUILDING HANGER BUILDING OFFICE BUILDING 7966 ANDREWS OFFICE BUILDING 7976 ANDREWS ANDREWS STREET OFFICE EXISTING STEEL WATERMAIN LOCATED UNDER BUILDING SOUTH END OF NEW WATERMAIN STEEL WATERMAINMoses Lake Council Packet 3-22-22, Page 22 of 131 © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS W WWFWFWFW WWWWWVWWWWWWWVWV HYDWV WV HANGER BUILDING HANGER BUILDING OFFICE BUILDING 7966 ANDREWS OFFICE BUILDING 7976 ANDREWS ANDREWS STREET OFFICE PVC WATERMAIN CONSTRUCTION PROPOSED PVC WATERMAINMoses Lake Council Packet 3-22-22, Page 23 of 131 Page 1 of 3 STAFF REPORT To: Allison Williams, City Manager From: David Bren, PE, Municipal Services Director Date: March 13, 2022 Proceeding Type: Consent Agenda Subject: Resolution to Abandon a Watermain Easement Legislative History: Financial Impact: • First Presentation: March 22, 2022 Budgeted Amount: 0.00 • Second Presentation: Unbudgeted Amount: 0.00 • Action: Motion Total Cost: 0.00 Overview The Engineering staff are preparing a watermain reconstruction project to replace a steel watermain adjacent to the AERO-TEC building on Port Property. Older steel watermain has not aged well and staff has had to replace it whenever it is encountered. In addition, the pipe crosses under the corner of a Port owned building, which is not acceptable for public utilities. A new PVC watermain will be constructed in a more suitable location. Staff have prepared easement abandonment documents for the location of the existing watermain. The proposed watermain location will require a new easement, which will be presented in a follow-up staff report. Moses Lake Council Packet 3-22-22, Page 24 of 131 Page 2 of 3 Fiscal and Policy Implications The long-term operation and maintenance of the watermain are fiscal considerations. Attachments A. B. C. D. Resolution to Abandon Easement Easement Abandonment Filing Map of Easement to by Abandoned Map of New Easement Finance Committee Review N/A Legal Review: Type of Document Title of Document Date Reviewed by Legal Council • Resolution • Resolution to Abandon Easement March 14, 2022 NEW EASEMENT OLD EASEMENT Moses Lake Council Packet 3-22-22, Page 25 of 131 Page 3 of 3 Options Option Results • Approve the resolution to abandon the easement Authorize the abandonment of the existing watermain easement. • Review and comment Update the easement abandonment per Council comments and feedback • Take no action Existing watermain easement remains the same. Staff Recommendation Staff recommends City Council adopt the Resolution abandoning the existing watermain easement. Moses Lake Council Packet 3-22-22, Page 26 of 131 RESOLUTION 3888 A RESOLUTION TO ABANDON AN EXISTING WATERMAIN EASEMENT ON PORT OF MOSES LAKE PROPERTY RECITALS: 1. The City of Moses Lake has a steel municipal watermain on Port of Moses Lake property that needs replacement. 2. The City of Moses Lake will construct a PVC replacement watermain in a more suitable location. RESOLVED: 1. The City of Moses Lake, Washington, declares that a Municipal Watermain Easement will be abandoned. 2. The City of Moses Lake, Washington, authorizes staff to execute an ABANDONMENT OF EASEMENT document for the watermain being reconstructed. Adopted by the City Council on March 22, 2022. _______________________________ Dean Hankins, Mayor ATTEST: __________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 3-22-22, Page 27 of 131 Page 1 of 4 RECORD AND RETURN TO Wayne Ostler Municipal Services Dept. Engineering Division City of Moses Lake P.O. Box 1579 Moses Lake, WA 98837 ABANDONMENT OF EASEMENT The following described easement described in Exhibit “B”, located on a parcel of land described in Exhibit “A”, is abandoned by The City of Moses Lake, a municipal corporation Abbreviated Legal: A Portion of the NW ¼ of the NW ¼ of Section 33, T. 20 N., R. 28 E., W.M. Assessor’s Parcel Number: 17-1020-000 EXHIBIT A PROPERTY LEGAL DECRIPTION: Per Quit Claim Deed 1355333: That part of Larson Air Force Base located in Township 20 North, Range 28 East, Willamette Meridian described as follows: Beginning at a point on the East line of Section 33, said Township 20 North, Range 28 East N. 0°53’26’ W. 816.70 feet from the Southeast corner of said Section 33, said Township 20 North, Range 28 East, Willamette Meridian, (whose Washington State Grid South zone coordinates are Y674047.08 – X2298909.20 and are referred to U.S.C. & G.S. station “SPAD” whose Washington State Grid South zone coordinates are Y676911.66 – X2288625.74); thence continuing along the East line of Section 11, N 0°53’26” W. 800.00 feet; thence N. 23°13’02” W. 3965.95 feet; thence N 26°09’20” E. 1097.79 feet; thence N. 72°42’20” W. 750.66 feet; thence N. 17°18’07” E. 6650.35 feet; thence N. 53°19’27” E. 1000.23 feet; thence N. 57°33’24” E. 1354.14 feet to the centerline of a county road known as Randolph Road; thence N. 61°31’45” E. 353.51 feet; thence N. 36°40’11” W. 2300.04 feet; thence S. 48°16’34” W. 350.60 feet to the centerline of said Randolph Road; thence S. 48°16’34” W. 1355.75 feet; thence S. 53°19’07” W. 936.18 feet; thence N. 72°41’18” W. 4179.79 feet; thence N. 18°40’52” W. 5131.26 feet; thence S. 59°23’01”” W. 67.46 feet; thence N. 14°07’47” W. 837.66 feet to the North line of Section 17, said Township 20 North, Range 28 East, Willamette Meridian; thence N. 89°48’03’ W. along the North line of said Section 17, 2540.59 feet; thence S. 24°05’49” E. 2118.42 feet; thence S. 59°23’01” W. 226.23 feet; thence S. 17°53’16” E. 663.84 feet; thence S. 21°50’50”E. 871.28 feet; thence S. 18°44’22” E. 3378.60 feet; thence S. 17°17’52”W. 6525.46 feet thence S. 53°19’26” W. 971.96 feet; thence S. 58°21’59” W. 967.56 feet to the West line of Section 29, said Township 20 North, Range 28 East, Willamette Meridian; thence S. 0°20’54” E. along the West Line of said Section 29, 2,098.89 feet to the Southwest corner of said Section 29; thence S. 0°21’59” E. Moses Lake Council Packet 3-22-22, Page 28 of 131 Page 2 of 4 568.87 feet; thence N. 89°42’14” E. 1058.89 feet; thence N. 46°14’50” E. 994.25 feet; thence N. 89°01’05” E. 481.27 feet; thence S. 1°00’40” E. 174.87 feet; thence N 89°02’50” E. 553.13 feet; thence S. 0°56’55” E. 593.55 to feet the centerline of a private road known as Andrews Street.; thence N. 89°07’35” E. along the centerline of Andrews St. 1922.00 feet to the Westerly right-of- way of a county road known as 5th Ave. said point also being the beginning of a county road known as Andrews St.; thence N. 0°52’25’ W. 30.00 feet to the Northerly right-of-way of said Andrews St.; thence N. 89°07’35” E. along the north right-of-way of Andrews St. 790.00 feet to the centerline of a private road known as 4th Ave.; thence S. 0°52’25” E. along the centerline of 4th Ave. 580.00 feet; thence N. 89°07’35” E. 730.00 feet to the Westerly right-of-way of a county road known as 3rd Ave.; thence N. 0°52’25” W. along the West right-of-way of said 3rd Ave. 550.00 feet to the centerline of said Andrews St.; thence S. 0°52’25” E. along the West right-of- way of 3rd Ave. 19.94 feet; thence N 89°07’35” E. 161.11 feet; thence S. 22°16’16” E. 84.63 feet; thence S. 49°33’58” E. 337.81 feet; thence N. 89°53’05” E. 228.20 feet to the centerline of a private road known as 1st Ave.; thence S. 12°20’10” E. along the centerline of said 1st Ave. 1232.85 feet to the centerline of a private road known as Chanute St.; thence S. 89°07’35” W. along the centerline of Chanute St. 606.53 feet to the centerline of a private road known as 2nd Ave. thence S. 0°52’25” E. along the centerline of said 2nd Ave. 740.00 feet to the Southerly right-of-way of a county road known as Dover St.; thence S. 89°07’35” W. along the South right- of-way of Dover St. 282.35 feet to the centerline of said county road being 3rd Ave.; thence continuing along the South right-of-way of said Dover St. S. 89°07’35” W. 569.51 feet; thence S. 0°56’55” E. 463.22 feet; thence N. 89°07’35” E. 599.51 feet to the Easterly right-of-way of said 3rd Ave.; thence S. 0°56’55” e. along the East right-of-way of 3rd Ave. 954.65 feet to the centerline of a private road known as Forbes St.; thence N. 89°09’50” E. along the centerline of Forbes St. 1639.88 feet; thence S. 19°26’35” E. 1027.70 feet; thence N. 71°16’25” E. 2415.68 feet to the Point of Beginning. TOGETHER WITH That part of Larson Air Force Base located in Sections 17, 20 and 29, T 20 N, R 28 E, W.M. described as follows: Beginning at the Northwest corner of said Section 29, whose Washington State Grid South Zone Coordinates are Y=684724.22, X= 2288211.94 and are referred to U.S.C. & G.S. Station “SPAD” whose Washington State Grid South Zone Coordinates are Y=676911.66, X=2288625.74; thence S. 89°08’00” E along the North line of said Section 29, 658.84 feet; thence N 0°40’02” W 2671.33 feet; thence S 89°16’57’ E 661.56 feet; thence N 0°43’24” W 2689.90 feet; to the North Line of said Section 20; thence S 89°59’45’ W along said North line 1333.94 feet to the Northwest corner of said Section 20; thence N 0°31’45” W along the West line of said Section 17, 2665.91 feet to the West 1/4 corner of said Section 17; thence S 89°40’31” E along the East West centerline of said Section 17 2251.87 feet to the Westerly line of a tract conveyed to the Port of Moses Lake; thence along said Westerly line S 17°53’16” E 0.36 feet and S 21°50’50” E 871.28 feet and S 18°44’22” E 3378.60 feet and S 17°17’52” W 6525.46 feet and S 53°19’26’ W 971.96 feet and S 58°21’59” W 967.56 feet to the West line of said Section 29; thence n 0°20’54” W 614.34 feet to the West 1/4 corner of said section 29; thence N 0°13’36’ W along the West line of Section 29, 2717.02 feet to the Northwest corner of Section 29 and the Point of Beginning. LESS That portion of the John D. Swift Larson Air Force Base survey drawing Job 778, recorded on June 2, 1971 located in that portion of the Northwest quarter of the Southwest quarter and that portion of the Southwest quarter of the Northwest quarter of Section 29, Township 20 North, Moses Lake Council Packet 3-22-22, Page 29 of 131 Page 3 of 4 Range 28 East, W.M., County of Grant, State of Washington, as delineated and described on the Boundary Line adjustment Record of Survey drawing prepared by Western Pacific Engineering and Survey, Inc. dated June, 2015, and described as follows: Beginning at a United States Bureau of Reclamation Brass Cap monument marking the Southwest corner of the Northwest quarter of said Section 29; Said point bears South 00°13’15” East, a distance of 2716.58 feet from a United States Bureau of Reclamation Brass Cap monument marking the Northwest corner of the Northwest quarter of said Section 29; thence North 00°13’15” West, coincident with the West boundary line of the northwest quarter of said Section 29 and coincident with the west boundary line of said Swift survey drawings, a distance of 873.23 feet; thence North 89°45’17’ East, a distance of 581.75 feet; thence South 36°40’52” East, a distance of 937.19 feet to a point on the westerly boundary line of the parcel described as ‘Port of Moses Lake A’ on the said Swift survey drawings; said point bears South 53°19’08” West, coincident with the said westerly boundary line, a distance of 584.82 feet from a one half inch pipe with tack; thence South 53°19’08” West, coincident with the said westerly boundary line, a distance of 387.11 feet to a one half inch pipe with tack; thence South 58°23’30” West, coincident with a westerly line of said ‘Port of Moses Lake A’ parcel, a distance of 967.51 feet to a point on the west boundary line of the southwest quarter of said Section 29; said point is also a northwesterly corner of said ‘Port of Moses Lake A’ parcel; thence north 00°21’11” West, coincident with the west boundary line of the southwest quarter of said section 29, a distance of 614.23 feet to the Point of Beginning. Containing 3,244.57 ACRES, more or less. Assessor’s Parcel Number: 17-1020-000 EXHIBIT B WATER MAIN EASEMENT ABANDONMENT LEGAL DESCRIPTION: A STRIP OF LAND 10 FEET IN WIDTH, LYING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 33, TOWNSHIP 20 NORTH, RANGE 28 EAST, W.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF ANDREWS STREET AND PATTON BOULEVARD, MARKED BY A 2 1/2 INCH ALUMINUM CAP, PLS 12941, FROM WHICH THE INTERSECTION OF ANDREWS STREET AND 26TH AVENUE, MARKED BY A 5/8 INCH REBAR, BEARS S89°06’08”W 420.24; THENCE S88°47’22”E 616.12 TO THE APPROXIMATE CENTERLINE OF AN EXISTING WATER MAIN, BEING THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE N03°13’55”W, 75.83 FEET; THENCE N04°09’12”E, 13.08 FEET; THENCE N27°54’04’E, 46.44 FEET; THENCE N17°19’38”E, 42.44 FEET; THENCE N21°27’47”E, 168.81 FEET TO A WATERMAIN TEE, HEREINAFTER REFERRED TO AS POINT ‘A’; THENCE N68°59’07”W ALONG THE BRANCH LEG OF SAID WATERMAIN, 9.01 FEET; THENCE S87°54’16”W, 15.11 TO THE POINT OF TERMINUS OF SAID BRANCH LINE; THENCE RETURNING TO POINT ‘A’ AND THE CONTINUATION OF SAID CENTERLINE; THENCE N21°27’47”E 108.36 FEET; Moses Lake Council Packet 3-22-22, Page 30 of 131 Page 4 of 4 THENCE N00°23’15”W, 13.89 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; IN WITNESS WHEREOF this easement is executed as of this ______day of _________, 2022 By__________________________________ Allison Williams, City Manager Washington State Grant County I certify that I know or have satisfactory evidence that Allison Williams, City Manager for the Moses Lake signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it to be the free and voluntary act for the purposes mentioned in the instrument. Dated_______________________________________ ____________________________________________ (Print Name) ________________________________, Public Notary (Signed) My appointment expires________________________ Moses Lake Council Packet 3-22-22, Page 31 of 131 WWFWFWFW WWWW HANGER BUILDING HANGER BUILDING OFFICE BUILDING 7966 ANDREWS OFFICE BUILDING 7976 ANDREWS ANDREWS STREET OFFICE EXISTING STEEL WATERMAIN LOCATED UNDER BUILDING SOUTH END OF NEW WATERMAIN STEEL WATERMAINMoses Lake Council Packet 3-22-22, Page 32 of 131 © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS W WWFWFWFW WWWWWVWWWWWWWVWV H Y DWV WV HANGER BUILDING HANGER BUILDING OFFICE BUILDING 7966 ANDREWS OFFICE BUILDING 7976 ANDREWS ANDREWS STREET OFFICE PVC WATERMAIN CONSTRUCTION PROPOSED PVC WATERMAINMoses Lake Council Packet 3-22-22, Page 33 of 131 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: March 13, 2022 Proceeding Type: Consent Agenda Subject: Miscellaneous COF Upgrades Project (GC2021-045) Motion to Award Project Legislative History: Financial Impact: • First Presentation: March 22, 2022 Budgeted Amount: $ 576,216.46 • Second Presentation: Unbudgeted Amount: $0 • Action: Motion Total Cost: $ 531,502.54 Overview: Engineering and Operations staff have identified several important improvements for the City’s Wastewater Central Operations Facility (COF) located at 1303 West Lakeside Drive. The project would include demolishing the old headworks building, electrical cabinet upgrades, waste water forcemain gate valve repair, underground utility upgrades, fence repair, driveway improvements, landscaping improvements, and parking lot improvements. Bid Summary: Staff opened bids for the Miscellaneous COF Upgrades Project on March 2, 2022. The City received three bids for the project. Mass X Construction, LLC submitted the low bid for the project in the amount of $531,502.54 (Attachement A). The Engineer’s Estimate was $576,216.46. Mass X Construction, LLC has all of their licenses in place with the State and is judged to be a responsible bidder per State requirements. Old Headworks Building Moses Lake Council Packet 3-22-22, Page 34 of 131 Page 2 of 2 Fiscal and Policy Implications The Miscellaneous COF Upgrades Project would require planned and budgeted funds to be spent. The low bid is 8% under the Engineer’s Estimate. February is a good time of year to be going out to bids, as contractors are locking in their work for the next building season. Council Packet Attachment: A. Miscellaneous COF Upgrades Bid Results Finance Committee Review: N/A Legal Review: N/A Options: Option Results • Award the Project Staff will notify the apparent low bidder that they have been awarded the project. • Take no action Staff will direct the apparent low bidder to await further direction from City Council. • Reject the Project Staff will notify bidders that all bids have been rejected. Action Recommended: Staff recommends awarding the Miscellaneous COF Upgrades Project to Mass X Construction, LLC in the amount of $531,502.54. Central Operations Facility Moses Lake Council Packet 3-22-22, Page 35 of 131 PROJECT NAME: Miscellaneous COF Upgrades Project BID RESULTS 1 Mobilization 1-09 1 L.S. $43,500.00 $43,500.00 $41,712.00 $41,712.00 $17,000.00 $17,000.00 $39,483.90 $39,483.90 2 Traffic Control 1-10 1 L.S.$5,500.00 $5,500.00 $1,000.00 $1,000.00 $5,000.00 $5,000.00 $11,611.00 $11,611.00 3 Sawcut Asphalt or Concrete 2-02 460 L.F.$5.00 $2,300.00 $4.00 $1,840.00 $4.00 $1,840.00 $13.49 $6,205.40 4 Remove Curb and Gutter 2-02 130 L.F.$10.00 $1,300.00 $11.00 $1,430.00 $15.00 $1,950.00 $25.71 $3,342.305Remove Pavement and Concrete Sidewalk 2-02 1040 S.Y.$14.00 $14,560.00 $24.00 $24,960.00 $10.00 $10,400.00 $17.42 $18,116.80 6 Remove COF Headworks Structure 2-02 1 L.S.$28,000.00 $28,000.00 $20,606.00 $20,606.00 $93,000.00 $93,000.00 $13,650.47 $13,650.47 7 Remove I Beam and Concrete Pillar 2-02 1 L.S.$5,000.00 $5,000.00 $3,454.00 $3,454.00 $28,000.00 $28,000.00 $3,342.67 $3,342.67 8 Remove and Replace Chain Link Gate 2-02 2 L.S.$2,400.00 $4,800.00 $1,691.00 $3,382.00 $3,000.00 $6,000.00 $3,762.35 $7,524.70 9 Remove and Replace Fence 2-02 40 L.F.$95.00 $3,800.00 $68.00 $2,720.00 $50.00 $2,000.00 $174.17 $6,966.80 10 Excavation 2-03 1 L.S.$19,400.00 $19,400.00 $40,543.00 $40,543.00 $64,000.00 $64,000.00 $8,356.68 $8,356.68 11 Water 2-07 70 MGal $15.00 $1,050.00 $13.00 $910.00 $100.00 $7,000.00 $28.32 $1,982.40 12 Shoring or Extra Excavation 2-09 2000 S.F.$0.75 $1,500.00 $1.00 $2,000.00 $3.00 $6,000.00 $6.97 $13,940.00 13 Trimming and Cleanup 2-11 1 L.S.$4,500.00 $4,500.00 $2,536.00 $2,536.00 $10,000.00 $10,000.00 $9,308.90 $9,308.90 14 Crushed Surface Top Course 4-04 340 TON $55.00 $18,700.00 $45.00 $15,300.00 $25.00 $8,500.00 $68.84 $23,405.60 15 HMA Cl 3/8 Inch PG 64-28 5-04 221 TON $175.00 $38,675.00 $261.00 $57,681.00 $155.00 $34,255.00 $169.97 $37,563.37 16 HMA Patch Cl 3/8 Inch PG 64-28 5-06 14 S. Y.$85.00 $1,190.00 $240.00 $3,360.00 $307.00 $4,298.00 $374.72 $5,246.08 17 Install Ductile Iron Pipe Rail Fence 6-03 1 L.S.$8,500.00 $8,500.00 $6,088.00 $6,088.00 $11,000.00 $11,000.00 $15,220.54 $15,220.54 18 Concrete Class 4000 For Retaining Wall 6-11 50 C.Y.$1,350.00 $67,500.00 $661.00 $33,050.00 $400.00 $20,000.00 $793.90 $39,695.00 19 Steel Reinforced Bar 6-11 2600 LB $12.00 $31,200.00 $4.00 $10,400.00 $15.00 $39,000.00 $6.81 $17,706.00 20 Gravel Backfill for Retaining Wall 6-11 12 C.Y.$130.00 $1,560.00 $132.00 $1,584.00 $60.00 $720.00 $394.67 $4,736.04 21 Drain Pipe 4 Inch Diameter 7-01 50 L.F.$95.00 $4,750.00 $114.00 $5,700.00 $13.00 $650.00 $127.83 $6,391.50 22 Connect to Existing Drywell 7-05 1 EA $1,000.00 $1,000.00 $1,062.00 $1,062.00 $3,500.00 $3,500.00 $4,178.34 $4,178.34 23 Connect to Existing Catch Basin 7-05 1 EA $1,000.00 $1,000.00 $454.00 $454.00 $3,500.00 $3,500.00 $4,178.34 $4,178.34 24 Catch Basin, 20in x 24in 7-05 1 EA $1,700.00 $1,700.00 $1,404.00 $1,404.00 $1,800.00 $1,800.00 $4,825.30 $4,825.30 25 Adjust Manholes, Catch Basins, Valve Boxes and Irrigation Boxes to Grade 7-05 15 EA $530.00 $7,950.00 $283.00 $4,245.00 $350.00 $5,250.00 $780.20 $11,703.00 26 Plug Existing Pipe 7-08 10 EA $160.00 $1,600.00 $91.00 $910.00 $250.00 $2,500.00 $440.14 $4,401.40 27 Ductile Iron Pipe for Water Main 6 Inch Diam.7-09 260 L.F.$65.00 $16,900.00 $69.00 $17,940.00 $65.00 $16,900.00 $108.19 $28,129.40 28 Connect to Existing 6 Inch Water Main 7-09 1 EA $2,200.00 $2,200.00 $1,867.00 $1,867.00 $800.00 $800.00 $4,847.61 $4,847.61 29 Remove Existing Hydrant 7-14 1 EA $850.00 $850.00 $987.00 $987.00 $800.00 $800.00 $2,089.17 $2,089.1730Hydrant Assembly 7-14 2 EA $5,500.00 $11,000.00 $5,817.00 $11,634.00 $3,500.00 $7,000.00 $4,078.62 $8,157.24 31 Bypass Pumping 7-20 1 L.S.$20,000.00 $20,000.00 $11,542.00 $11,542.00 $20,000.00 $20,000.00 $18,707.45 $18,707.45 32 Ductile Iron Sewer Force Main 6 Inch Diam.7-20 40 LF $95.00 $3,800.00 $120.00 $4,800.00 $150.00 $6,000.00 $220.99 $8,839.60 33 Gate Valve 6 Inch 7-20 1 EA $4,500.00 $4,500.00 $9,533.00 $9,533.00 $875.00 $875.00 $12,145.44 $12,145.44 34 Gate Valve 18 Inch 7-20 1 EA $22,600.00 $22,600.00 $20,693.00 $20,693.00 $26,000.00 $26,000.00 $24,604.16 $24,604.16 35 Access Cover 7-20 2 EA $6,800.00 $13,600.00 $5,677.00 $11,354.00 $350.00 $700.00 $8,762.86 $17,525.72 36 Repair Disturbed Irrigation System 8-03 1 L.S.$3,000.00 $3,000.00 $3,300.00 $3,300.00 $6,500.00 $6,500.00 $13,487.24 $13,487.24 37 Cement Concrete Curb and Gutter 8-04 60 L.F.$68.00 $4,080.00 $106.00 $6,360.00 $80.00 $4,800.00 $82.07 $4,924.20 38 Cement Concrete Driveway 8-14 25 S.Y.$200.00 $5,000.00 $142.00 $3,550.00 $125.00 $3,125.00 $238.38 $5,959.50 39 Cement Concrete Sidewalk and Slab 8-14 55 S.Y.$180.00 $9,900.00 $108.00 $5,940.00 $60.00 $3,300.00 $164.81 $9,064.55 40 Electrical 8-19 1 L.S.$93,600.00 $93,600.00 $92,485.00 $92,485.00 $51,000.00 $51,000.00 $78,513.46 $78,513.46 531,565.00$ $490,316.00 $534,963.00 $560,077.27 8.4%44,651.46$ $41,186.54 $44,936.89 $47,046.49 576,216.46$ $531,502.54 $579,899.89 $607,123.76 Industrial Construction of Washington West Richland, WA UNIT PRICE AMOUNT POW Contracting Pasco, WA UNIT PRICE AMOUNTUNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT SUBTOTAL SCHEDULE A SALES TAX Total Schedule A ITEM ITEM DESCRIPTION SECTION APPROX. QUANTITY Schedule A: Sewer Improvements Engineers Estimate Mass X Construction, LLC Ellensburg, WA PROJECT NUMBER: GC2021-045 Moses Lake Council Packet 3-22-22, Page 36 of 131 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: March 10, 2022 Proceeding Type: Consent Agenda Subject: Reservoir 2 Painting Project (GC2021-050) Motion to Award Project Legislative History: Financial Impact: • First Presentation: March 22, 2022 Budgeted Amount: $ 344,603.60 • Second Presentation: Unbudgeted Amount: $ 0 • Action: Motion Total Cost: $ 241,721.16 Overview: Engineering and Operations Staff initiated painting projects for the City’s potable water reservoirs two years ago. The plan has been to paint the exterior of one reservoir per year. Reservoir 2 is the reservoir selected for this year. It is located in Lakeview Park at 800 South Clover Drive. The benefits of completing the project will include increasing the useful life expectancy of the reservoir, installing the current City logo on the reservoir, and improving the aesthetics of this highly visible City landmark. Bid Summary: The City rejected all bids for the Reservoir 2 Painting Project that were opened on January 27, 2022. After improving the supplemental bidder criteria requirements to conform to industry standards and most contractor expectations, staff rebid the project. Staff opened the new bids for the project on March 10, 2022. The City received five bids for the project. The apparent low bidder submitted a bid for the amount of $241,721.16 (Attachment A). The Engineer’s Estimate is $344,603.60. Cascade Industrial Services has all of their licenses in place with the State and is judged to be a responsible bidder per State requirements. Reservoir 2 Moses Lake Council Packet 3-22-22, Page 37 of 131 Page 2 of 2 Fiscal and Policy Implications: The Reservoir 2 Painting Project would require planned and budgeted funds to be spent. The low bid is 30% under the Engineer’s Estimate. Early March is a good time of year to be going out to bids, as contractors are locking in their work for the next building season. Council Packet Attachment: A. Reservoir 2 Painting Project Bid Results Finance Committee Review: N/A Legal Review: N/A Options: Option Results • Award the Project Staff will notify the apparent low bidder that they have been awarded the project. • Take no action Staff will direct the apparent low bidder to await further direction from City Council. • Reject the Project Staff will notify bidders that all bids have been rejected. Action Recommended: Staff recommends awarding the Reservoir 2 Painting Project to Cascade Industrial Services in the amount of $241,721.16. Moses Lake Council Packet 3-22-22, Page 38 of 131 PROJECT NAME: Reservoir 2 Painting Project BID RESULTS 1 Mobilization 1-09 1 LS $22,300.00 $22,300.00 $4,000.00 $4,000.00 $5,000.00 $5,000.00 $18,486.50 $18,486.50 $10,000.00 $10,000.00 $45,021.00 $45,021.00 2 Painting 6-20 1 LS $117,200.00 $117,200.00 $60,990.00 $60,990.00 $148,500.00 $148,500.00 $180,000.00 $180,000.00 $142,450.00 $142,450.00 $213,358.00 $213,358.00 3 Containment Structure 6-20 1 LS $135,400.00 $135,400.00 $132,000.00 $132,000.00 $140,000.00 $140,000.00 $121,000.00 $121,000.00 $206,250.00 $206,250.00 $130,000.00 $130,000.00 4 City Logo 6-21 1 LS $24,500.00 $24,500.00 $16,000.00 $16,000.00 $24,000.00 $24,000.00 $25,000.00 $25,000.00 $23,430.00 $23,430.00 $25,000.00 $25,000.005Miscellaneous Work 6-22 1 LS $18,500.00 $18,500.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $11,091.90 $11,091.90 $5,000.00 $5,000.00 $10,000.00 $10,000.00 317,900.00$ $222,990.00 $327,500.00 $355,578.40 $387,130.00 $423,379.00 8.4%26,703.60$ $18,731.16 $27,510.00 $29,868.59 $32,518.92 $35,563.84 344,603.60$ $241,721.16 $355,010.00 $385,446.99 $419,648.92 $458,942.84 Cost amounts listed that are grey and italicized have been corrected from the submitted bid. Purcell Painting and Coatings LLC Tukwila, WA UNIT PRICE AMOUNT Engineers Estimate Cascade Industrial Services LLC Rathdrum, ID UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Hancock Sandblast and Painting LLC Pasco, WA UNIT PRICE AMOUNT Columbia Industrial Coatings, LLC Richland, WA HCI Industrial & Marine Coatings Inc. Brush Prairie, WA UNIT PRICE AMOUNTUNIT PROJECT NUMBER: GC2021-050 SUBTOTAL SCHEDULE A SALES TAX Total Schedule A ITEM ITEM DESCRIPTION SECTION APPROX. QUANTITY Schedule A: Water Improvements Moses Lake Council Packet 3-22-22, Page 39 of 131 Page 1 of 3 STAFF REPORT To: Allison Williams, City Manager From: David Bren, PE, Municipal Services Director Date: March 15, 2022 Proceeding Type: Consent Agenda Subject: Barrington Point Major Plat – Phase 4B Resolution to Accept Plat Improvements and Bonding Legislative History: Financial Impact: • First Presentation: March 23, 2021 Budgeted Amount: N/A • Second Presentation: March 22, 2022 Unbudgeted Amount: N/A • Action: Resolution to Accept Total Cost: N/A Overview The platting regulations require all the street and utility improvements installed in right of way and municipal easements to be accepted by City Council or bonded for prior to recording the plat and issuing building permits. The construction plans are required to be reviewed and approved by the City prior to construction. All the construction work is inspected to assure compliance with the construction plans and City standards. The street and utility improvements in place will serve a Twenty-Two (22) lot residential subdivision. As part of the platting process the Developer is responsible for the half width improvements to Paxson Drive from the southern boundary of Barrington Point 4A approximately 270 feet south to the southern boundary of Barrington Point 4B, and the full width improvements to Polo Ridge Drive from Paxson Drive to Crestview Drive. The property owner adjacent to Paxon Drive participated in the development costs allowing Paxson Drive to be built full width. Project Overview Looking Northwest Moses Lake Council Packet 3-22-22, Page 40 of 131 Page 2 of 3 Fiscal and Policy Implications Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. A SUBDIVISION MAINTENANCE BOND or other approved security in the amount of $259,821 (50% of total costs of $519,642) to the City is required to be provided by the owners for the two year maintenance period which commences on the date of acceptance of the improvements by the City Council. Council Packet Attachments A. Resolution B. Site Map Finance Committee Review N/A Legal Review: Type of Document Title of Document Date Reviewed by Legal Counsel • Resolution • Resolution to Accept Improvements Polo Ridge Drive Looking West Saratoga Drive Looking North Paxson Saratoga Polo Ridge Moses Lake Council Packet 3-22-22, Page 41 of 131 Page 3 of 3 Options Option Results • Adopt the resolution as presented The improvements will be accepted and the plat can be completed. • Modify the resolution Action would require staff to bring a revised resolution to Council for consideration. • Take no action The City will not accept the plat improvements and the plat could not be completed. Action Requested Staff recommends City Council adopt the resolution as presented. Moses Lake Council Packet 3-22-22, Page 42 of 131 RESOLUTION 3892 A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF BARRINGTON POINT 4B MAJOR PLAT Recitals: 1. Street and Utility improvements, lying in dedicated right-of-way or easements, are in place and connected to the City of Moses Lake’s street and utility systems as part of Barrington Point 4B Major Plat. The project included the residential streets within the major plat, and the full width improvements to Paxson Drive for the frontage of the plat. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards, such facilities being completed in March 2022. 3. RCW 35.90.030 indicates that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. 4. A Subdivision Maintenance Bond shall be provided by the developer for a two-year maintenance period, which commences on the March 22, 2022, resolution date. Resolved: 1. The City Council of the City of Moses Lake accepts the street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After March 22, 2022, all operational costs of said street and utility improvements shall be borne by the City of Moses Lake as provided by city ordinance. 3. Subject to final inspection, after March 22, 2024, all further maintenance and operational costs of said street and utility improvements shall be borne by the City of Moses Lake, as provided by city ordinance. ACCEPTED by the City Council on March 22, 2022. ______________________________ Dean Hankins, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk Moses Lake Council Packet 3-22-22, Page 43 of 131 Moses Lake Council Packet 3-22-22, Page 44 of 131 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: David Bren, PE, Municipal Services Director Date: March 16, 2022 Proceeding Type: Consent Agenda Subject: Moses Lake Ave Civil Improvements by the Moses Lake School District for Groff Elementary School Resolution to Accept Plat Improvements and Bonding Legislative History: Financial Impact: •First Presentation: March 22, 2022 Budgeted Amount: N/A •Second Presentation: N/A Unbudgeted Amount: N/A •Action: Motion Total Cost: N/A Overview The platting regulations require all the street and utility improvements installed in right of way and municipal easements to be accepted by City Council or bonded for prior to recording the plat and issuing building permits. The construction plans are required to be reviewed and approved by the City prior to construction. All the construction work is inspected to assure compliance with the construction plans and city standards. The street and utility improvements in place will serve Moses Lake School Districts newest elementary school Groff Elementary. The improvements included construction of Moses Lake Avenue, from Nelson Road south approximately 1960 feet to the boundary of the school district property. The project also extended sewer services from a sewer manhole adjacent to state route 17, east approximaely 1220 feet. This sewer main will also serve the future extension of Moses Lake Ave. Moses Lake Avenue Looking North Moses Lake Council Packet 3-22-22, Page 45 of 131 Page 2 of 2 Fiscal and Policy Implications Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. A SUBDIVISION MAINTENANCE BOND or other approved security in the amount of $477,659.50 (50% of total costs of $955,319.00) to the City is required to be provided by the owners for the two year maintenance period which commences on the date of acceptance of the improvements by the City Council. Council Packet Attachments A. Resolution B. Site Map Finance Committee Review N/A Legal Review: Type of Document Title of Document Date Reviewed by Legal Counsel • Resolution • Resolution to Accept Improvements Options Option Results • Adopt, the resolution as presented The improvements will be accepted. • Modify the resolution Action would require staff to bring a revised resolution to Council for consideration. • Take no action. The City will not accept the plat improvements and the plat could not be completed. Action Requested Staff recommends City Council adopt the resolution as presented. Moses Lake Avenue Intersection with Nelson Road Moses Lake Council Packet 3-22-22, Page 46 of 131 RESOLUTION 3893 A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF MOSES LAKE SCHOOL DISTRICT GROFF ELEMENTARY/ MOSES LAKE AVENUE PROJECT Recitals: 1. Street and Utility improvements, lying in dedicated right-of-way or easements, are in place and connected to the City of Moses Lake’s street and utility systems as part of The Moses Lake School District Groff Elementary/ Moses Lake Avenue Project. The project included construction of Moses Lake Avenue from Nelson Road approximately 1960 feet south to the school property boundary and the extension of the 8” PVC gravity sewer main from adjacent to State Route 17, sanitary sewer manhole #025-068, approximately 1220 feet to the east. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards, such facilities being completed in March 2022. 3. RCW 35.90.030 indicates that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. 4. A Subdivision Maintenance Bond shall be provided by the developer for a two-year maintenance period, which commences on the March 22, 2022, resolution date. Resolved: 1. The City Council of the City of Moses Lake accepts the street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After March 22, 2022, all operational costs of said street and utility improvements shall be borne by the City of Moses Lake as provided by city ordinance. 3. Subject to final inspection, after March 22, 2024, all further maintenance and operational costs of said street and utility improvements shall be borne by the City of Moses Lake, as provided by city ordinance. ACCEPTED by the City Council on March 22, 2022. ______________________________ Dean Hankins, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk Moses Lake Council Packet 3-22-22, Page 47 of 131 Moses Lake Council Packet 3-22-22, Page 48 of 131 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: March 16, 2022 Proceeding Type: Consent Agenda Subject: Lauzier Fields 4 & 5 Infield Replacement Project Motion to Award Project Legislative History: Financial Impact: •First Presentation: March 22, 2022 Budgeted Amount: $ 115,000.00 •Second Presentation: Unbudgeted Amount: $ 18,006.80 •Action: Motion to Award Total Cost: $ 133,006.80 Overview: Parks Department identified a need to replace the playing surface on the two baseball fields at the Lauzier Athletic Complex on Central Drive. This will make the facility more attractive to out of area teams looking for places to play. Parks Staff Budgeted an amount of $115,000 for the work this year based on information received last fall. Recent price increases in fuel and materials have increased the projected costs and the bid amount came in above the budget and the estimate.The project would include stripping the infield of existing sod, plowing and releveling the surface for better drainage and placing a cap of engineered playing soil as used in many major league and college fields around the country. Bid Summary: Staff opened a bids for the work on March 15th, 2022. The City received one bid for the project. Northwest Truf Solutions, Inc. submitted the low bid for the project in the amount of $133,006.80 (Attachment A). The Engineer’s Estimate was $125,000. Northwest Turf Solutions, Inc. has all of their licenses in place with the State and is judged to be a responsible bidder. They are also a well respected installer of playfields and have done work for the Seattle Seahawks and several NCAA Division I schools. They are local to Moses Lake. Lauzier Athletic Complex Moses Lake Council Packet 3-22-22, Page 49 of 131 Page 2 of 2 Fiscal and Policy Implications: The Lauzier Field 4 & 5 Infield Replacement Project would require planned and budgeted funds to be spent. The low bid is 6% over the Engineer’s Estimate. Council Packet Attachment: A. Lauzier Field 4 & 5 Infield Replacement Project Bid Sheet Finance Committee Review: N/A Legal Review: N/A Options: Option Results • Award the Project Staff will notify the apparent low bidder that they have been awarded the project. • Take no action Staff will direct the apparent low bidder to await further direction from City Council. • Reject the Project Staff will notify bidders that all bids have been rejected. Action Requested: Staff recommends awarding the Lauzier Field 4 & 5 Infield Replacement Project to Northwest Turf Solutions, Inc. in the amount of $133,006.80. Moses Lake Council Packet 3-22-22, Page 50 of 131 Moses Lake Council Packet 3-22-22, Page 51 of 131 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: March 16, 2022 Proceeding Type: Old Business Subject: Hayboy Farms Reimbursement Request 28-Acres Previously Seeded in Fall 2021 Pursuit of Agricultural Bureau Water Unsuccessful Legislative History: Financial Impact: • First Presentation: December 14, 2021 Budgeted Amount: N/A • Second Presentation: March 22, 2022 Unbudgeted Amount: 12,000.00 • Action: Motion Total Cost: 12,000.00 Overview The City owns Municipal Tract 12, where the City Airport is Located. Hayboy Farms has been leasing 28 acres on Municipal Tract 12 since 2016. Hayboy Farms uses the land to complete a full hay circle with the three-quarter (¾) circle they currently farm on the adjacent property. Hayboy Farms requested to renew their lease for the 2022 year. 28-Acres Seeded Hayboy Farms planted alfalfa hay on 28-Acres of City ground in the Fall with the expectation of obtaining a lease renewal. Hayboy Farms has requested reimbursement for the seeding (Attachment A). Water Rights Issue Discovered It was discovered at the 12-14-2021 Council meeting that the spreading of water onto City property constitutes a Department of Ecology (DOE) “water spreading” violation. In addition, the City property does not have enough water rights to provide for the proposed agricultural lease agreement on its own. Therefore, the lease was not renewed at the 1-11-2022 Council meeting, as the City could not enter into a lease agreement for an activity that is not legal. Moses Lake Council Packet 3-22-22, Page 52 of 131 Page 2 of 2 Staff Pursuit of Agricultural Water Rights City Staff was not successful with pursuing Agricultural Water Rights from the Bureau. Although water rights for Manufacturing and Industry (M&I) water rights would be available to the City in the future. The Municipal Services Director offered City Water to Hayboy Farms from a nearby Water Hydrant at the end of Hanger Road. A surface pipe could then deliver water to the same withdrawal point. However, the switching of water for a quarter circle was just not financially feasible. In addition, City water to irrigate the 28-acres was estimated to cost $6,000 alone. Fiscal and Policy Implications The 2022 Farm lease proceeds would have been $4,739.28. This is an unrealized revenue. However, the matter of the Reimbursement Request for the Planting of Alfalfa Hay (Attachments A/B/C) represents a potential real loss. If the Council decides to reimburse, it is a loss of $12,000 to the city. Council Packet Attachments A. 1-14-2022 Hayboy Farms Reimbursement Request ($12,000) B. 3-16-2022 Hayboy Farms Reimbursement Request with Project Costing ($12,000) C. Full Circle Seed Receipts ($6,110) Finance Committee Review N/A Legal Review: Type of Document Title of Document Date Reviewed Reimbursement Letter Request for Reimbursement Options Option Results • Motion to authorize the City Manager to make a full reimbursement The City Manager will direct reimbursement as authorized by City Council. • Motion to authorize the City Manager to make a half or partial reimbursement The City Manager will direct reimbursement as authorized by City Council. • Do not authorize a reimbursement City Staff will notify Hayboy Farms that that there will be no reimbursement. Action Requested Staff believes that Hayboy Farms proceeded with Fall planting of the Alfalfa, prior to formal lease authorization, as they had done for each year before, in the good faith expectation that the Farm Lease would not be an issue. The 12-14-2021 water rights issue was a surprise to both parties. In consideration of the potential implied contract, staff recommends a motion to reimburse in full. Moses Lake Council Packet 3-22-22, Page 53 of 131 HAY BOY FARMS January 14th, 2022 Dave Bren Municipal Services Director, City of Moses Lake RE: Jake Jacobsen dba Hay Boy Farms Lease Renewal -Request for Reimbursement. Dear Mr. Bren, As you are aware, I have been leasing 28 acres on Municipal Tract 12 since 2016 for the purposes of farming. This tract represents one-quarter of a full circle. In preparing for the 2022 season, a lease was provided to me by the city to renew the lease for a seventh season. I signed this lease and returned it to the city assuming the 28-acre tract would complete our circle for another season. I planted new alfalfa hay in the circle, including the 28-acre tract. Th estimated cost of planting the seed and labor for the 28-acre tract is $12,000.00. I understand that that City Council is currently deliberating the legality of the lease in relation to the water rights associated with the 28-acre tract. To provide some context, I have been ordering extra water over the years in order to have our circle continue over the 28-acre tract. While I would prefer to continue to farm the 28-acre tract and avoid letting brand new alfalfa seed go to waste, I understand the City's need to explore the water rights issue. I am respectfully, and preemptively, requesting reimbursement for the costs ($12,000.00) associated with planting new alfalfa hay on the 28-acre tract should the City Council decide not to renew the lease at issue. Thank you very much for your time and consideration. Sincerely, Moses Lake Council Packet 3-22-22, Page 54 of 131 H A Y B O Y F A R M S March 16th, 2022 Dave Bren Municipal Services Director, City of Moses Lake RE: Jake Jacobsen dba Hay Boy Farms Lease Renewal – Request for Reimbursement. Dear Mr. Bren, This letter is intended to provide further explanation to our January 14th letter requesting reimbursement for costs associated with planting 28 acres of alfalfa hay on Municipal Tract 12 in advance of the 2022 season. We are requesting to be reimbursed $12,000 based on the below costs that we have accrued to- date: Seed Included with this letter is the invoice for the cost of seed to plant the entire circle ($24,440). This tract represents roughly 25% of this cost which comes out to $6,110. Moses Lake Council Packet 3-22-22, Page 55 of 131 H A Y B O Y F A R M S Labor Preparing and planting the entire circle that the 28 acres is part of consisted of three weeks of our crew’s time. Our crew consists of salaried workers, and three weeks of their labor is the equivalent of $27,562.50. Understanding that this portion of the circle represents roughly 25% of these costs, this is equal to $6,890.62 in labor associated with preparing and planting the portion of the field. Preparation work includes discing the field, picking rocks from the field, and rolling the field. It is difficult for us to estimate the additional costs in fuel, and for the ease of getting this reimbursement sorted out we have not factored in fuel into this request. With the above in mind, the actual costs we have accrued for the 28-acre portion at issue is $13,000.62, but for the sake of this request we are asking for $12,000. Sincerely, Jake Jacobsen Hay Boy Farms Moses Lake Council Packet 3-22-22, Page 56 of 131 FirstLine Seeds, Inc. "Where Selection is a Science" 11703 Road I SE Moses Lake, WA 98837 Phone: (509) 765-1772 Fax: (509) 766-1861 'T Sunrise Farms Pete Jacobsen 7195 Dune Lake RD SE Moses Lake, WA 98837 Purchase Order No. Qty Item ID 950 NR2111-NFRO 1,750 NR2123-NFRO ---------------·------ Terms Net30 SW4107 treated SW 4107 - Ship To: Due Date 9/29/2021 Description . ------I We warrant seed sold in this container are labeled as required by State & Federal Seed laws and conform to .--. label descripJion-,.\'0Ju11t/zer.warranifr~p,.~.ssetJ.or-imµ/.id(J,"""°~ili1j;fi11~r.,,,pwpt:Jof:r · 1 I otherwise extend beyond such description. No liability shall be asserted unless buyer or user report to I on seed. REQUIREMENT FOR ARBITRATION: WA State Seed act, Chapter 19.49 RCW,requires mandatory =,=,& w"'" 30,,,,,, o~ omdWoo, ..,,w, • -"'"'· '"""• ""•'"' ,o o-m el"'"'°"'"'& I 1 arbitration of disputes involving allegedly defective seed. See WAC 16-318 to 420 or contact the WSDA Seed ' Branch, 509-575-2750. . Payments not received by due date will incur a finance charge of 1.5% monthly. In the event of default and hiring of a third party collector, the customer will be responsible for paying collection agency fees. All credit card payments will assess the following processing fee of the total payment Sunrise Farms Pete Jacobsen Manual entry of card 3.5% of total payment Swiped card 2.6% of total payment Cut on dotted line to return Wlth payment Due Date: 9/29/2021 Invoice Date Invoice# 8/30/2021 21-6064 Sales Contract No. Unit Price Amount 5.20 4,940.00 5.20 9,100.00 Subtotal $14,040.00 ~ -~------ - - Sales Tax (8.2%) $0.00 Invoice Total $141040.00 Payments/Credits $0.00 I Total Due: $14,040.00 I Invoice# 21-6064 7195 Dune Lake RD SE Moses Lake, WA 98837 Balance Due: $14,040.00 i---- Moses Lake Council Packet 3-22-22, Page 57 of 131 I:_ FirstLine Seeds, Inc. "Where Selection is a Science" 11703 Road 1 SE Moses Lake, WA 98837 Phone: (509) 765-1772 Fax: (509) 766-186 I Sunrise Farms Pete Jacobsen 7195 Dune Lake RD SE Moses Lake, WA 98837 Purchase Order No. Qty ltemlD 2,000 NR2201-NFRO Terms Net30 SW 4107 no treat Due Date 9/30/2021 Description Ship To: r We warrant seed sold ~n this c:;,::e:are labe: d as re:i:~by State & Federal Se~d laws::d~:;::~o '\ - -1 -label-description. No fi,rther warranly, .. e.xpressed---or-implit:d;-6/ merchantability,fitneisfo,~pmpo~-• -I. othenvise extend beyond such description. No liability shall be asserted unless buyer or user report to warrantor within 30 days any conditions leading to complaint. Liability is limited to amoun/ of purchase price I on seed. REQUIREMENT FOR ARBITRATION: WA State Seed act, Chapter 19.49 RCW,requires mandatory arbitration of disputes irrvolving allegedly defective seed. See WAC 16-318 to 420 or contact the WSDA Seed I l Branch, 509-575-2750. ) Invoice Date Invoice# 8/31/2021 21-6082 Sales Contract No. 20048 Unit Price Amount 5.20 10,400.00 Subtotal $10,400.00 ------Sales Tax (8.2%) $0.00 Invoice Total $10,400.00 Payments/Credits $0.00 Payments not received by due date will incur a finance charge of 1.5% monthly. In the event of default and hiring of a third party collector, the customer will be responsible for paying collection agency fees. I Total Due: $10,400.00 I All credit card payments will assess the following processing fee of the total payment Manual entry of card 3.5% of total payment Swiped card 2.6% of total payment Sunrise Fanns Pete Jacobsen 7195 Dune Lake RD SE Moses Lake, WA 98837 Cut on dotted lme to return Wlth payment Due Date: 9/30/2021 Balance Due: $10,400.00 Invoice# 21-6082 Moses Lake Council Packet 3-22-22, Page 58 of 131 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Lee Creiglow, Interim Community Development Director Date: March 16, 2022 Proceeding Type: Old Business Subject: Interim Controls Small Wireless Facilities Extension Legislative History: •First Presentation: January 25, 2022 •Second Presentation: March 22, 2022 •Action: None Background On June 23, 2020, City Council adopted Interim Controls establishing specific rules permitting small cell wireless facilities. City staff is requesting a six-month extension of the Interim Ordinance. The City is in the process of updating its Comprehensive Land Use Plan, which will be followed by a complete update of the land development code. The development code update will include a full public review process and through the Planning Commission and City Council. It is expected that the final controls for small wireless facilities will be reviewed and included in the new development code update. The city has not received any applications for new small cell wireless facilities since the interim controls were adopted. The impact of extending the interim controls will be minimal. Overview This Ordinance adopted interim regulations regarding small wireless facilities and wireless communication eligible facilities requests in order to comply with federal law and Federal Communication Commission (FCC) declaratory rulings, entering findings in support of adopting interim regulations, establishing a work program for permanent regulations, and declaring an emergency. In September 2018, the FCC adopted a declaratory Ruling and Order that substantially preempts the City's authority on the siting of small wireless facilities (also known as "small cell facilities") and set specific rules for small cell permitting. This ruling affects small cell facilities in the public rights- of-way and private properties and went into effect in 2019. Some impacts of the FCC Order related to small wireless facilities include a shortened period of time in which the City has to process franchise agreements and right-of-way use permits, limits on City permit applications fees, and limits on the City's ability to regulate design requirements. Moses Lake Council Packet 3-22-22, Page 59 of 131 Page 2 of 2 After reviewing the Municipal Code, it was necessary to amend the City's regulations to comply with the FCC Order in these and other areas. Given that 5G deployment has reached Moses Lake, it was necessary to adopt interim regulations so the City can process applications in compliance with federal statutes and the FCC Order. The extension of the Interim Ordinance will be in effect for six months, pursuant to RCW 36.70A.390. In addition, State law requires the City Council to conduct a public hearing on this interim ordinance within 60 days of adoption. The interim ordinance was based on a model set of design standards and permitting procedures being used by a number of Washington cities. City Council needs to hold a properly noticed public hearing to adopt the Interim Ordinance. A public hearing will be noticed for the April 12, 2022 City Council meeting. Fiscal and Policy Implications The City controls the installation of many of these facilities through leases. The leases are in need of updating to be in compliance with FCC regulations, including making sure our fees/leases are in line with their recommendations. In some cases, it may mean a reduction in lease revenue. Attachment A. Ordinance Finance Committee Review N/A Legal Review The original Ordinance was provided by Legal. Options Option Results • Adopt as presented • Provide staff with changes • Take no action • Action Requested Informational, no action at this time. Moses Lake Council Packet 3-22-22, Page 60 of 131 Page 1 of 18 ORDINANCE NO. 2953 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, RELATING TO WIRELESS COMMUNICATION FACILITIES, ADOPTING INTERIM LAND USE REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390 FOR WIRELESS COMMUNICATION FACILITIES, DECLARING AN EMERGENCY, ADOPTING FINDINGS OF FACT, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1934, Congress enacted the Communications Act of 1934, creating the FCC and granting it authority over common carriers engaged in the provision of interstate or foreign communications services; and WHEREAS, in 1996 Congress enacted Pub. L. No. 104-104, 110 Stat. 70 (the “1996 Act”), amending the Communications Act of 1934 and implementing regulations applicable to both wireless and wireline communications facilities for the purpose of removal of barriers to entry into the telecommunications market while preserving local government zoning authority except where specifically limited under the 1996 Act; and WHEREAS, in the 1996 Act, Congress imposed substantive and procedural limitations on the traditional authority of state and local governments to regulate the location, construction, and modification of wireless facilities and incorporated those limitations into the Communications Act of 1934; and WHEREAS, in 2012 Congress passed the “Middle Class Tax Relief and Job Creation Act of 2012” (the “Spectrum Act”) (PL-112-96; codified at 47 U.S.C. § 1455(a)); and WHEREAS, Section 6409 (hereafter “Section 6409”) of the Spectrum Act implements additional substantive and procedural limitations upon state and local government authority to regulate modification of existing wireless antenna support structures and base stations; and WHEREAS, Congress through its enactment of Section 6409 of the Spectrum Act, has mandated that local governments approve, and cannot deny, an application requesting modification of an existing tower or base station if such modification does not substantially change the physical dimensions of such tower or base station; and WHEREAS, on October 21, 2014, the FCC issued its report and order, WT Docket Nos. 13-238, 13-32; WC Docket No. 11-59; FCC 14-153, in the above described proceeding (the “Report and Order” or “Order”) clarifying and implementing statutory requirements related to state and local government review of infrastructure siting, including Section 6409, with the intent of facilitating and expediting the deployment of equipment and infrastructure to meet the demand for wireless capacity; and WHEREAS, the Order, among other things, defines key terms utilized in Section 6409, establishes application requirements limiting the information that can be required from an applicant, implements a 60 shot clock and tolling provisions, establishes a deemed approved remedy for applications not timely responded to, requires cities to approve a project permit application requesting modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, and establishes development standards that govern such proposed modifications; and WHEREAS, the City Council finds that it is required under Section 6409 of the Spectrum Act and the Eligible Facility Request Rules established in the Order, to adopt and implement local development and zoning regulations that are consistent with Section 6409 and the Order; and WHEREAS, the FCC recently adopted the Declaratory Ruling, Order and Regulation 18-133, which imposes limitations on local municipalities including related to review processing timelines and aesthetic requirements for small cell facilities; and WHEREAS, the City Council finds that the proposed interim development and zoning regulations are Moses Lake Council Packet 3-22-22, Page 61 of 131 Page 2 of 18 reasonable and necessary in order bring the City’s development regulations into compliance with the mandate imposed upon the City by Congress pursuant to Section 6409 and the regulations imposed upon the City by the FCC pursuant to its Reports and Orders, and are therefore in the public interest; WHEREAS, Chapter 18.78 MLMC, Personal Wireless Service Facilities, currently governs the City’s regulation of wireless communication facilities; and WHEREAS, some of the existing city regulations for wireless communication facilities are more than fifteen years old and federal laws, regulations, court decisions, wireless technology and consumer usage have reshaped the environment within which Wireless Communications Facilities, are permitted and regulated; and WHEREAS, the potential conflict between the City’s existing land use review process for wireless communications facilities and the preemptive federal review requirements for wireless communications facilities create a time sensitive emergency requiring the adoption of an interim zoning ordinance; and WHEREAS, the City is authorized to impose interim land use controls for up to one (l) year if a work plan is developed for related studies providing for such longer periods pursuant to RCW 35A.63.220 and RCW 36.704.390; and WHEREAS, a public hearing on these interim regulations was held before ordinance adoption, pursuant to RCW 35A.63.220 and RCW 36.70A.390. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted and incorporated as Findings of Fact of the City Council. Section 2. Additional Findings. The Council may adopt further additional findings after the public hearing is held and evidence presented to the City Council. Section 3. Notwithstanding the provisions of MLMC 18.78.030, Small Wireless Facilities and Eligible Facilities Requests shall be regulated through this Ordinance and not Chapter 18.78 MLMC. Section 4. This purpose of this ordinance is to: A. Establish clear regulations for the siting and design of Wireless Communication Facilities (WCFs) consistent with state and federal regulations; B. Promote the health, safety, and general welfare of the Moses Lake community by regulating the siting of WCFs; C. Minimize visual, safety, aesthetic, and environmental impacts of WCFs on surrounding areas by establishing standards for location, structural integrity, and compatibility; D. Encourage the location and collocation of communications equipment on existing structures; and E. Accommodate the growing need and demand for communication services. Section 5. The following new Section is hereby adopted: Definitions. A. “Antenna” means any exterior apparatus designed for telephonic, radio, data, Internet, or other communications through the sending and/or receiving of radio frequency signals including, but not limited to, equipment attached to a tower, utility pole, building, or other structure for the purpose of providing wireless services. B. “Co-location” means (1) mounting or installing an antenna facility on a pre-existing structure or (2) Moses Lake Council Packet 3-22-22, Page 62 of 131 Page 3 of 18 modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Provided that, for purposes of Eligible Facilities Requests, “collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting or receiving radio frequency signals for communications purposes. C. “Macro facility” means is a large wireless communication facility that provides radio frequency coverage for a cellular telephone network. Generally, macro cell antennas are mounted on ground-based towers, rooftops, and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro cell facilities typically contain antennas that are greater than three cubic feet per antenna and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers. D. “Small wireless facility” has the same meaning as defined in 47 CFR § 1.6002. E. “Structure” means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless communication service (whether on its own or comingled with other types of services). F. “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services included, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. G. “Unified enclosure” means a small wireless facility providing concealment of antennas and equipment within a single enclosure. H. “Utility pole” means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths. Section 6. The following new Section is hereby adopted: Small Wireless General Provisions. A. Small wireless facilities shall not be considered nor regulated as essential public facilities. B. Small wireless facilities located outside of the public rights-of-way may be either a primary or a secondary use. A different use of an existing structure on the same lot shall not preclude the installation of a small wireless facility. C. Small wireless facilities located within the public right-of-way pursuant to a valid franchise are outright permitted uses in every zone of the City but still require a small wireless facility permit pursuant to this ordinance. Section 7. The following new Section is hereby adopted: Small Wireless Deployment. A. Overview. In order to manage its rights-of-way in a thoughtful manner which balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the City, the City of Moses Lake has adopted this administrative process for the deployment of small wireless facilities. The City and applicant for a franchise and other permits associated with the deployment of small wireless facilities face challenges in coordinating applicable legislative and administrative processes under the Federal Communications Commission (FCC) regulations. A franchise for the use of the City’s right-of-way is a contract which requires approval by the City Council. The small wireless permits are issued by the Municipal Moses Lake Council Packet 3-22-22, Page 63 of 131 Page 4 of 18 Services Director, or his/her designee. Applicants are encouraged and expected to provide all related applications in one submittal, unless they have already obtained a franchise. B. Application Process. The Municipal Services Director, or his/her designee, is authorized to establish franchise and other application forms to gather the information required by these ordinances from applicants and to determine the completeness of the application process as provided herein. The application shall include Parts A, B, and C as described in this subsection below. 1. Franchise. The process typically begins with and depends upon approval of a franchise for the use of the public right-of-way to deploy small wireless facilities if any portion of the applicant’s facilities is to be located in the right-of-way. A complete application for a franchise is designated as Part A. An applicant with a franchise for the deployment of small wireless facilities in the City may proceed to directly apply for a small wireless facility permit and related approvals (Parts B and C). An applicant at its option may utilize phased development. Because franchises are required by federal law to be competitively neutral, the City has established a franchise format for use by all right-of-way users. 2. Small Wireless Facility Permits. Part B of the application requires specification of the small wireless facility components and locations as further required in the small wireless permit application described in Section 8 of this Ordinance. 3. Associated Permit(s). Part C of the application shall attach all associated permits requirements such as applications or check lists required under the Critical Areas, Shoreline Management Plan, or SEPA ordinances. Applicants for deployment of new small wireless poles shall comply with the requirements in this Chapter. 4. Leases. An applicant who desires to attach a small wireless facility any utility pole or light owned by the City shall include an application for a lease as a component of its application. The City Manager, or his/her designee, is authorized to approve leases in the form approved for general use by the City Council for any utility pole or light pole in the right-of-way. Leases for the use of other public property, structures, or facilities shall be submitted to the City Council for approval. Section 8. The following new Section is hereby adopted: Small Wireless Permit Application. The following information shall be provided by all applicants for a small wireless permit: A. The application shall provide specific locational information including GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize existing, replacement, or new poles, towers, existing buildings, or other structures. Ground-mounted equipment, conduit, junction boxes, and fiber and electrical connections necessary for and intended for use in the deployment shall also be specified regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. Detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards, shall be provided by the applicant. The application shall have sufficient detail to identify: 1. The location of overhead and underground public utility, telecommunication, cable, water, sewer drainage, and other lines and equipment in the rights-of-way along the proposed route; Moses Lake Council Packet 3-22-22, Page 64 of 131 Page 5 of 18 2. The specific structures, improvements, facilities, lines and equipment, and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and a plan for protecting, replacing, and restoring any areas to be disturbed during construction. 3. Compliance with the aesthetic requirements of this Chapter. B. The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. Such written approval shall include approval of the specific pole, engineering and design standards, as well as assurances that the specific pole can withstand wind and seismic loads, from the pole owner, unless the pole owner is the City. Submission of the lease agreement between the owner and the applicant is not required. For city- owned poles or structures, the applicant must obtain a lease from the City prior to or concurrent with the small wireless permit application and must submit as part of the application the information required in the lease for the City to evaluate the usage of a specific pole. C. The applicant can batch multiple small wireless facility sites in one application. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area. D. Any application for a small wireless facility located in the right-of-way adjacent to a parcel zoned for residential use shall demonstrate that it has considered the following: 1. Whether a small wireless facility is currently installed on an existing pole in front of the same residential parcel. If a small wireless facility exists, then the applicant must demonstrate that no technically feasible alternative location exists which is not in front of the same residential parcel. 2. Whether the proposed small wireless facility can be screened from residential view by choosing a pole location that is not directly in front of a window or views. E. Any application for a small wireless permit which contains an element which is not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 16A.23 SMC14.06 MLMC. Further, any application proposing small wireless facilities in the Shoreline jurisdiction (pursuant to Chapter 19.06 MLMC) or in Critical Areas (pursuant to Chapter 19.03 MLMC) must indicate that the application is exempt or comply with the review processes in such codes. F. The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of the proposed project affirming that the small wireless facilities will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the Small Wireless facility will operate. If facilities which generate RF radiation necessary to the Small Wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF Certification showing the cumulative impact of the RF emissions on the entire installation. The applicant may provide one emissions report for the entire small wireless deployment if the applicant is using the same small wireless facility configuration for all installations within that batch or may submit one emissions report for each subgroup installation identified in the batch. G. The applicant shall provide proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed. H. A professional engineer licensed by the State of Washington shall certify in writing, over his or her seal, that both construction plans and final construction of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as established Moses Lake Council Packet 3-22-22, Page 65 of 131 Page 6 of 18 by the International Building Code. Further, the construction drawings shall depict all existing proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees, and structures within 250 feet from the proposed site. The construction drawings shall also include the applicant’s plan for electric and fiber utilities, all conduits, cables, wires, handholds, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small wireless facility. I. A traffic control plan. J. The small wireless facilities permit shall include those elements that are typically contained in the right-of-way use permit to allow the applicant to proceed with the build-out of the small wireless facility deployment. K. Recognizing that small wireless facility technology is rapidly evolving, the Municipal Services Director, or his/her designee, is authorized to adopt and publish standards for the technological and structural safety of City-owned structures and to formulate and publish application questions for use when an applicant seeks to attach to City owned structures. Section 9. The following new Section is hereby adopted: Small Wireless Review Process. A. Review. The following provisions relate to review of applications for a small wireless facility permit. 1. Only complete applications for a small wireless permit containing all required submission elements described in Section 8 of this ordinance shall be considered by the City. Incomplete applications that are not made complete by the applicant within sixty (60) days of initial submission of the application materials shall be deemed withdrawn. 2. In any zone, upon application for a small wireless permit, the City will permit small wireless deployment on existing or replacement utility poles conforming to the City’s generally applicable development and design standards of this Chapter, except as provided in subsection B below. 3. Vertical clearance shall be reviewed by the Municipal Services Director, or his/her designee, to ensure that the small wireless facilities will not pose a hazard to other users of the rights-of- ways. 4. Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner’s express written consent. 5. The City shall make every reasonable effort, consistent with any applicable provisions of state or federal law, and the preservation of the City’s health, safety, and aesthetic environment, to comply with the Federal presumptively reasonable time periods for review of facilities for the deployment of small wireless facilities to the fullest extent possible. B. Eligible Facilities Requests. The design approved in a small wireless facility permit shall be considered concealment elements and such facilities may only be expanded upon an Eligible Facilities Request described in Section 16 of this ordinance when the modification does not defeat the concealment elements of the small wireless facility. C. Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 USC §253 and 47 USC §332 and other applicable statutes, regulations and case law. Applicants for franchises and the small wireless facility permits shall be treated in a competitively neutral and non-discriminatory manner with other service providers, utilizing Moses Lake Council Packet 3-22-22, Page 66 of 131 Page 7 of 18 supporting infrastructure which is functionally equivalent, that is, service providers whose facilities are similarly situated in terms of structure, placement, or cumulative impacts. Small wireless facility permit review under this ordinance shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services. D. Final Decision. Any decision by the Municipal Services Director, or his/her designee, shall be final and not be subject to administrative appeals. E. Withdrawal. Any applicant may withdraw an application submitted pursuant to Section 8 of this ordinance at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the Municipal Services Director’s, or his/her designee’s, decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of City costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the Municipal Services Director ‘s, or his/her designee’s, decision , there shall be no refund of all or any portion of such fee. Section 10. The following new Section is hereby adopted: Small Wireless Permit Requirements. A. The grantee of any permit shall comply with all of the requirements within the small wireless permit. B. Small wireless facilities installed pursuant to a small wireless facility permit may proceed to install the approved small wireless facilities without the need for an additional right-of-way use permit if construction is commenced within thirty (30) days of approval by providing email or written notice to the Municipal Services Director, or his/her designee. Facilities approved in a small wireless permit in which installation has not commenced within thirty (30) days of the approval of a small wireless facility permit shall apply for and be issued a right-of-way use permit to install such small wireless facilities in accordance with the standard requirements of the City for use of the right-of- way. C. Post-Construction As-Builts. Within thirty (30) days after construction of the small wireless facility, the grantee shall provide the City with as-builts of the small wireless facilities demonstrating compliance with the permit and site photographs. D. Permit Time Limit. Construction of the small wireless facility must be completed within six (6) months after the approval date by the City. The grantee may request one (1) extension to be limited to three (3) months, if the applicant cannot construct the small wireless facility within the original six (6) month period. E. Site Safety and Maintenance. The grantee must maintain the small wireless facilities in safe and working condition. The grantee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site. Section 11. The following new Section is hereby adopted: Modifications to Small Wireless Facilities. Moses Lake Council Packet 3-22-22, Page 67 of 131 Page 8 of 18 A. If a grantee desires to make a modification to an existing small wireless facility, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole-mounted or ground-mounted equipment, or modifying the concealment elements, then the applicant shall apply for a small wireless facility permit. B. A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the rights-of-way, or the replacement of an antenna or equipment of similar size, weight, and height, provided that such replacement does not defeat the concealment elements used in the original deployment of the small wireless facility, does not impact the structural integrity of the pole, and does not require pole replacement. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facility. Right- of-way use permits may be required for such routine maintenance, repair, or replacement consistent with Chapter 12.16 MLMC. Section 12. The following new Section is hereby adopted: Small Wireless Consolidated Permit. A. The issuance of a small wireless permit grants authority to construct small wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most situations, to avoid the need to seek duplicative approval by both the public works and the community and economic development departments. If the applicant requires a new franchise to utilize the right-of-way, the franchise approval may be consolidated with the small wireless facility permit review if requested by the applicant. As an exercise of police powers pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right-of-way use permit, but instead a consolidated public works and land use permit and the issuance of a small wireless facility permit shall be governed by the time limits established by federal law for small wireless facilities. B. The general standards applicable to the use of the rights-of-way described in Chapter 12.16 MLMC shall apply to all small wireless facility permits. Section 13. The following new Section is hereby adopted: Small Wireless Fees and Other Costs. A. Application and Review Fee. Any applicant for a franchise pursuant to this ordinance shall pay an application and review fee or fee deposit in an amount as determined by the City Council. This application and review fee covers the actual costs associated with the City’s initial review of the application; provided, however, that the applicant shall also be required to pay all necessary permit fees. This application and review fee shall be deposited with the City as part of the application filed pursuant to this ordinance. B. Other City Costs. All grantees shall, within 30 days after written demand therefor, reimburse the City for all direct and actual costs and expenses incurred by the City in connection with any grant, modification, amendment, renewal, or transfer of any franchise. C. Permit Fee. Prior to issuance of a right-of-way permit or small wireless facility permit, the applicant shall pay a permit fee in an amount as determined by the City Council, or the actual costs incurred by the City in reviewing such permit application. Section 14. The following new Section is hereby adopted: Moses Lake Council Packet 3-22-22, Page 68 of 131 Page 9 of 18 Design and Concealment Standards for Small Wireless Deployments. Small wireless facility deployments whether permitted in the right-of way under a franchise agreement or permitted in accordance with this chapter shall conform to the following design standards: A. Small wireless facilities attached to existing or replacement non-wooden light poles and other non- wooden poles in the right-of-way or non-wooden poles outside of the right-of-way shall conform to the following design criteria: 1. Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush mounted to the pole, meaning no more than six (6) inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole, provided that such location does not interfere with the operation of the banners or signs. 2. The furthest point of any antenna or equipment enclosure may not extend more than twenty (20) inches from the face of the pole. 3. All conduit, cables, wires, and fiber must be routed internally in the non-wooden pole. Full concealment of all conduit, cables, wires, and fiber is required within mounting brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or equipment. 4. An antenna on top of an existing pole may not extend more than six (6) feet above the height of the existing pole and the diameter may not exceed sixteen (16) inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas which shall not require screening. All cabling and mounting hardware or brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole. 5. Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way. 6. The height of any replacement pole may not extend more than ten (10) feet· above the height of the existing pole or the minimum additional height necessary; provided that the height of the replacement pole cannot be extended further by additional antenna height. 7. The diameter of a replacement pole shall comply with the City’s setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25% increase of the existing non-wooden pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole, and shall comply with the requirements in subsection E(4) of this Section. 8. The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed. Moses Lake Council Packet 3-22-22, Page 69 of 131 Page 10 of 18 B. Wooden pole design standards. Small wireless facilities located on wooden poles shall conform to the following design criteria: 1. The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of ten (10) feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. 2. A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by more than ten (10) feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation or clearance from electrical and wireline facilities. A “pole extender” as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole. 3. Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the City. 4. Antennas, equipment enclosures, and all ancillary equipment, boxes, and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached. 5. Antennas shall not be mounted more than twelve (12) inches from the surface of the wooden pole. 6. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole provided that each antenna enclosure shall not be more than three (3) cubic feet in volume. 7. A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection B(1) above. A canister antenna mounted on the top of a wooden pole shall not exceed sixteen (16) inches, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side mounted canister antenna, so long as the inside edge of the antenna is no more than twelve (12) inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole. 8. The furthest point of any antenna or equipment enclosure may not extend more than twenty (20) inches from the face of the pole. 9. An omni-directional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four (4) feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket. 10. All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles shall not Moses Lake Council Packet 3-22-22, Page 70 of 131 Page 11 of 18 be mounted more than six (6) inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner. 11. Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection of the Section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any pre-existing associated equipment on the pole, may not exceed twenty-eight (28) cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and does not cumulatively exceed twenty-eight (28) cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole, provided that such location does not interfere with the operation of the banners or signs. 12. An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so, provided that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any pre-exiting associated equipment on the pole does not exceed twenty-eight (28) cubic feet. The unified enclosure may not be placed more than six (6) inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs, provided that such location does not interfere with the operation of the banners or signs. 13. The visual effect of the small wireless facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible. 14. The use of the wooden pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed. 15. The diameter of a replacement pole shall comply with the City’s setback and sidewalk clearance requirements and shall not be more than a 25% increase of the existing utility pole measured at the base of the pole. 16. All cables and wires shall be routed through conduit along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduit shall be minimized to the number technically necessary to accommodate the small wireless. C. Small wireless facilities attached to existing buildings, shall conform to the following design criteria: 1. Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme. 2. The interruption of architectural lines or horizontal or vertical reveals is discouraged. 3. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building. 4. Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building. Moses Lake Council Packet 3-22-22, Page 71 of 131 Page 12 of 18 5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited. 6. Small wireless facilities shall be painted and textured to match the adjacent building surfaces. D. Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards. 1. Each strand mounted facility shall not exceed three (3) cubic feet in volume; 2. Only one strand mounted facility is permitted per cable between any two existing poles; 3. The strand mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five (5) feet from the pole unless a greater instance technically necessary or is required by the pole owner for safety clearance; 4. No strand mounted device shall be located in or above the portion of the roadway open to vehicular traffic; 5. Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in pre-existing equipment cabinets; and 6. Pole mounted equipment shall comply with the requirements of subsections A and B of this Section. 7. Such strand mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand). 8. Strand mounted facilities are prohibited on non-wooden poles. E. General Requirements. 1. Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground or the applicant can demonstrate that pole mounted or undergrounded equipment is technically infeasible. If ground-mounted equipment is necessary, then the applicant shall submit a concealment element plan. Generators located in the rights-of-way are prohibited. 2. No equipment shall be operated so as to produce noise in violation of Chapter 173-60 WAC. 3. Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant’s ability to provide telecommunications service in violation of 47 USC §§ 253 and 332. 4. Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), City construction and sidewalk clearance standards, city ordinance, and state and federal laws and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement or new pole must: be physically possible, comply with applicable traffic signal warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health or safety. 5. Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole. Moses Lake Council Packet 3-22-22, Page 72 of 131 Page 13 of 18 6. No signage, message, or identification other than the manufacturer’s identification or identification required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than 4x6 inches); provided that, signs are permitted as concealment element techniques where appropriate. 7. Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan. 8. Side arm mounts for antennas or equipment must be the minimum extension necessary and for wooden poles may be no more than twelve (12) inches off the pole and for non-wooden poles no more than six (6) inches off the pole. 9. The preferred location of a small wireless facility on a pole is the location with the least visible impact. 10. Antennas, equipment enclosures, and ancillary equipment, conduit, and cable shall not dominate the structure or pole upon which they are attached. 11. Except for locations in the right-of-way, small wireless facilities are not permitted on any property containing a residential use in the residential zones. 12. The City may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way in when assessing proposed siting locations so as to not adversely affect the visual character of the City. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant. 13. These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape. Section 15. The following new Section is hereby adopted: New Poles in the Rights-of-Way for Small Wireless Facilities. A. New poles, as compared to replacement poles, within the rights-of-way are only permitted if the applicant can establish that: 1. The proposed small wireless facility cannot be located on an existing utility pole or light pole, electrical transmission tower or on a site outside of the public rights-of-way such as a public park, public property, building, transmission tower, or in or on a non-residential use in a residential zone whether by roof or panel-mount or separate structure; 2. The proposed small wireless facility receives approval for a concealment element design, as described in subsection C of this Section; 3. The proposed small wireless facility also complies with the City’s Shoreline Master Program, Title 19 MLMC, and SEPA, Title 14 MLMC, if applicable; and Moses Lake Council Packet 3-22-22, Page 73 of 131 Page 14 of 18 4. No new poles shall be located in a critical area or associated buffer required by the City’s Critical Areas Ordinance (Chapter 19.03 MLMC), except when determined to be exempt pursuant to said ordinance. B. The Municipal Services Director or his/her designee may approve, approve, with conditions, or deny an application for a new pole without notice and his or her decision shall be final on the date issued. C. The concealment element design shall include the design of the screening, fencing, or other concealment technology for a tower, pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections. 1. The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including similar height to the extent technically feasible. Any concealment element design for a small wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the decorative pole. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color, and texture - or the appearance thereof - as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wirelines are installed internally in the structure. Further, applicant designs should, to the extent technically possible, comply with the generally applicable design standards adopted pursuant to Section 14 of this ordinance. 2. If the Municipal Services Director, or his/her designee, has already approved a concealment element design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technologically feasible, or that such deployment would undermine the generally applicable design standards. D. Even if an alternative location is established pursuant to subsection A(1) and A (2), the Municipal Services Director, or his/her designee, may determine that a new pole in the right-of-way is in fact a superior alternative based on the impact to the City, the concealment element design, the City’s Comprehensive Plan and the added benefits to the community. E. Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right- of-way, the applicant must obtain a site-specific agreement from the City to locate such new pole or ground-mounted equipment. This requirement also applies to replacement poles that are higher than the replaced pole, and the overall height of the replacement pole and the proposed small wireless facility is more than sixty (60) feet. F. These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections of the streetscape. Moses Lake Council Packet 3-22-22, Page 74 of 131 Page 15 of 18 Section 16. The following additional definitions shall only apply to eligible facilities requests as described in this Section. Eligible Facilities Requests. A. Additional Definitions. 1. “Base Station”: A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. Base Station includes, without limitation: a. Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems (“DAS”) and small wireless networks). c. Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subparagraph (i) and (ii) above that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. d. The term does not include any structure that, at the time the Eligible Facilities Request application is filed with the City, does not support or house equipment described in subparagraph (l)(a) and (l)(b) above. 2. “Collocation”: The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes. 3. “Director”: The Municipal Services Director or designee. 4. “Eligible Facilities Request”: Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: a. Collocation of new transmission equipment; b. Removal of transmission equipment; or c. Replacement of transmission equipment. 5. “Eligible Support Structure”: Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the City. 6. “Existing”: A constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. Moses Lake Council Packet 3-22-22, Page 75 of 131 Page 16 of 18 7. “Substantial Change”: A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria: a. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten (10) feet, whichever is greater; b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet; c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and Base Stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; d. It entails any excavation or deployment outside the current site; e. It would defeat the concealment elements of the eligible support structure; or f. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided, however, that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified above. 8. “Tower”: Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixes wireless services such as microwave backhaul and the associated site. 9. “Transmission Equipment”: Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. B. Application. The Director shall prepare and make publicly available an application form used to consider whether an application is an Eligible Facilities Request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. C. Qualification as an Eligible Facilities Request. Upon receipt of an application for an Eligible Facilities Request, the Director shall review such application to determine whether the application qualifies as an Eligible Facilities Request. Moses Lake Council Packet 3-22-22, Page 76 of 131 Page 17 of 18 D. Timeframe for Review. Within sixty (60) days of the date on which an applicant submits an Eligible Facilities Request application, the Director shall approve the application unless it determines that the application is not covered by this section. E. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run when the pre- application or application is filed and may be tolled only by mutual agreement by the Director and the applicant or in cases where the Director determines that the application is incomplete. The timeframe for review of an Eligible Facilities Request is not tolled by a moratorium on the review of applications. 1. To toll the timeframe for incompleteness, the Director shall provide written notice to the applicant within thirty (30) days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application. 2. The timeframe for review begins running again when the applicant makes a supplemental submission in response to the Director’s notice of incompleteness. 3. Following a supplemental submission, the Director will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this sub-section. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness. F. Determination That Application Is Not an Eligible Facilities Request. If the Director determines that the applicant’s request does not qualify as an Eligible Facilities Request, the Director shall deny the application. G. Failure to Act. In the event the Director fails to approve or deny a request for an Eligible Facilities Request within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the Director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. Section 17. Appeals. Small Wireless Facilities Permit decisions, other than administrative approvals relating to Small Wireless Facilities and Eligible Facilities Requests, are final decisions. Approvals or denials of a Small Wireless Facility Permit or Eligible Facilities Requests are administrative approvals and are not subject to appeal. Section 18. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70.390, the City Council held a hearing on this interim ordinance before adoption in order to take public testimony. Section 19. Duration of Interim Regulations. The interim amendments adopted by this ordinance shall remain in effect until six (6) months from the effective date and shall automatically expire unless the same are extended as provided in RCW 36.70A.390 and RCW 35A.63.220 prior to that date, or unless the same are repealed or superseded by permanent amendments prior to that date. Section 20. Planning Commission Work Program. The City of Moses Lake Planning Commission is hereby directed to review the interim regulations in 20212022. The Commission shall make a recommendation on whether said amendments, or some modification thereof, should be permanently adopted. The Moses Lake Planning Commission is directed to complete its review, to conduct such public hearings as may be necessary or desirable, and to forward its recommendation to the Moses Lake City Council prior to the expiration of the interim amendments. The work program shall include input from wireless carriers, existing franchisees, and City staff. Moses Lake Council Packet 3-22-22, Page 77 of 131 Page 18 of 18 Section 21. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 22. Enforcement. Violations of this ordinance are enforceable to the same extent as other violations of Title 18 MLMC and are equally subject to injunctive and other forms of civil relief that the City may seek. Section 23. Conflict. In the event that there is a conflict between the provisions of this ordinance and any other City ordinance, the provisions of this ordinance shall control. Section 24. Declaration of Emergency. The Moses Lake City Council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety and welfare of the City of Moses Lake, pursuant to RCW 35A.13.190. Section 25. Effective Date. This Ordinance shall take effect and be in full force and effect immediately upon passage, as set forth herein. Adopted by the City Council and signed by its Mayor on July 27, 2021April 12, 2022. _____________________________________ David CurnelDean Hankins, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ _______________________________________ Debbie Burke, City Clerk Katherine L. Kenison, City Attorney Vote: RiggsMartinez LiebrechtSwartz Myers JacksonFancher CurnelMadewell Eck Hankins Aye Nay Abstai n Absent Date Published: August 3, 2021 Date Effective: July 27, 2021 Moses Lake Council Packet 3-22-22, Page 78 of 131 Page 1 of 4 STAFF REPORT To: Allison Williams, City Manager From: Lee Creiglow, Interim Community Development Director Date: March 16, 2022 Proceeding Type: New Business Subject: Advisory Council on Housing Legislative History: Financial Impact: •First Presentation: Ad Hoc Committee- March 16, 2022 Budgeted Amount: $0 •Second Presentation: City Council- March 22, 2022 Unbudgeted Amount: $0 •Action: Motion Total Cost: $0 Overview The City of Moses Lake adopted the Housing Action Plan in November of 2021. By completing and adopting a Housing Action Plan, the City was able to meet additional requirements now required from HB 1220 (RCW 36.70A.070(2)). There are seven strategies identified to meet the housing needs of Moses Lake, which are in line with policies and goals identified in the Housing Element of the Comprehensive Plan. It is recommended that an Advisory Council on Housing be created to provide input while implementing these strategies. The role of the Advisory Council on Housing, besides general input on housing needs in Moses Lake, would be to identify ways to streamline permit processes, review code updates, and identify opportunities and constraints to affordable housing. As a city planning under the GMA, it is important Moses Lake remains dedicated to including public input early in community planning processes. Moses Lake Council Packet 3-22-22, Page 79 of 131 Page 2 of 4 Many cities across the state have homeless housing task force’s that address housing needs. These include a variety of stakeholders including county and city staff, non-profit housing providers, community service providers, law enforcement, business owners, school district representatives, landlords, people with lived experience of homelessness, and other relevant stakeholders. In 2016, a Mayor’s Housing Quality Task Force for the City of Spokane created recommendations to address housing needs. This Task Force was divided into two sub-committees to focus on different housing priorities. Each sub-committee had between 15-22 members. Members had a range in backgrounds including city staff (from Planning, Code Enforcement, Community Development, Fire and Police), real estate, health district, business owners, healthcare, community service providers, landlords, community members and similarly related stakeholders. Membership in the Advisory Council on Housing will include mostly community representatives with experience as a non-profit housing provider, developer, landlord, businessowner, homeowner, and tenant. It will also include city representatives such as a Councilmember, Planning Commission member and City Manager. City staff from relevant fields will be available to provide technical support for each meeting. Councilmembers on the Ad Hoc Committee provided direction on membership, guidelines and deliverables that will come from the Advisory Council on Housing. Guidelines will include the schedule of deliverables and meetings, along with specific details on expectations for members. The Advisory Council on Housing will address steps in the Housing Action Plan and policies identified in the adopted Comprehensive Plan. Housing Action Plan: Step 3.1 Pain points in permit process and opportunities for greater clarity. Step 3.2 Streamlining permit processes. Step 4.1 Integrating added flexibility for planned or clustered subdivisions in zoning code. Step 4.2 Integrating code language into residential zones. Step 5.1 Goals and targets for number of housing units at each income band. Step 5.3 Affordable housing opportunities and constraints. Comprehensive Plan: Policy 1.1.1 Ensure frequent and open communication as an operating principle in all affairs of the City. Policy 1.1.7 Recognize the diverse population within the community and use a variety of participation techniques to reach all segments of the population, where appropriate, at a suitable level of involvement and effort for the issue at hand. Policy 3.1.7 Adopt user-friendly development regulations that implement Moses Lake’s land use vision while offering flexibility for creative solutions. Policy 3.2.3 Incentivize infill development scaled and designed to fit the surroundings and revitalize corridors. Policy 3.3.2 Encourage a range of housing types, densities, and affordability levels to meet the diverse and changing needs of the community. Policy 3.3.6 Look for opportunities to use available federal, state, and county programs – as well as private and nonprofit options – to fund and coordinate public actions to improve the quality of the environment, economy, or social/physical conditions of redevelopment areas. Policy 3.3.7 Moses Lake Council Packet 3-22-22, Page 80 of 131 Page 3 of 4 Implement new design standards for small lot single family, duplex, and triplex developments to gracefully integrate these lot/housing types into existing neighborhoods in ways that maintain general neighborhood scale and character. Policy 4.1.2 Support equal access to housing throughout the City for all people regardless of race, color, sex, marital status, religion, national origin, physical or mental handicap. Encourage the responsible state and federal agencies to enforce federal and state civil rights and fair housing laws. Policy 4.1.5 Support the development of accessory dwelling units and other types of housing that accommodate an aging population. Policy 4.2.3 Review existing and proposed regulations to ensure that they do not unnecessarily restrict the supply or variety of housing or increase its cost. Policy 4.3.1 Continue to work with non-profit agencies to maximize the receipt of Federal and State housing resources used to provide low and moderate-income residents with housing assistance to maintain or improve owner- and renter-occupied housing units. Fiscal and Policy Implications The City Council adopted the Housing Action Plan in November 2021, which includes stakeholder input in the implementation of the Housing Action Plan. Creating the Advisory Council on Housing allows the City to meet that commitment and ensure community values are addressed. Community representatives can provide guidance as to how the City can improve policies and procedures to encourage housing stock, variety, and affordability. Including diverse backgrounds that work with housing can encourage the balance of housing quality with affordability. Based on the Housing Needs Assessment, Moses Lake needs to provide more housing at every income level and the Advisory Council on Housing should represent the needs of the entire community. Community input will help guide policy decisions to best meet the wishes and needs of all households currently and in the future of Moses Lake. Council Packet Attachments A. Resolution B. Legal Review Type of Document Title of Document Date Reviewed Resolution Resolution No. 3889 March 16, 2022 Moses Lake Council Packet 3-22-22, Page 81 of 131 Page 4 of 4 Options Option Results • Adopt, Authorize, etc as presented Adopt Resolution 3889 so the Advisory Council on Housing can provide input on the implementation of the Housing Action Plan. • Provide staff with changes A delayed adoption would decrease amount of community input as the implementation of the Housing Action Plan is on-going and possibly require more changes in processes or policies because of community input later in the implementation process. • Take no action. City will not be following the adopted Housing Action Plan and will consider alternative ways for community input. Action Requested Recommended motion to adopt Resolution No. 3889 to create the Advisory Council on Housing. Moses Lake Council Packet 3-22-22, Page 82 of 131 Resolution No. 3889 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, CREATING AN ADVISORY COUNCIL ON HOUSING WHEREAS, on May 14, 2019, the City Council passed Resolution No. 3764, stating its intention to assert responsibility for homeless housing within its borders under RCW 43.185C.080 and remain a regional partner with all jurisdictions in the pursuit of future grant funding opportunities requiring multi-jurisdictional partnerships; and WHEREAS, on August 13, 2019, the City Council passed Resolution No. 3774, identifying the need to assist with affordable housing for our chronically homeless population; and WHEREAS, on May 12, 2020, the City Council passed Ordinance No. 2951, identifying a housing affordability crisis; and WHEREAS, on October 26, 2021, the City Council passed Resolution No. 3862, adopting a Housing Action Plan; and WHEREAS, the adopted Housing Action Plan identifies a housing task force to provide stakeholder input on the implementation of the Plan; and WHEREAS, a housing task force called the Advisory Council on Housing will operate in line with the Advisory Council on Housing Guidelines; and WHEREAS, the Advisory Council on Housing will include members as appointed by City Council and staff. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Moses Lake, Washington, as follows: Section 1. The Advisory Council is created to provide Moses Lake City Council and staff with guidance regarding decision making with the implementation of the adopted Housing Action Plan. Section 2. The City Council supports a collaborative approach to addressing housing in Moses Lake and values the recommendations of the Advisory Council on Housing, among other considerations, for future City policies for development and preservation of housing. The recommendations shall not be binding on the City in the development of future City policies or regulations, and no third-party beneficiary shall be created by the adoption of said recommendations. _________________________ Dean Hankins, Mayor ATTEST: __________________________ Debbie Burke, City Clerk Moses Lake Council Packet 3-22-22, Page 83 of 131 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: March 16, 2022 Proceeding Type: New Business Subject: Amend 2022 Fee Schedule for Water System Development Fees Legislative History: Financial Impact: •First Presentation: March 22, 2022 Budgeted Amount: $ 0.00 •Second Presentation: Unbudgeted Amount: $ 0.00 •Action: Motion to Accept Total Cost: $ 0.00 Overview The Moses Lake City Council adopted water system development fees to ensure that growth pays for itself and is not subsidized by current citizens. These fees are charges applied to new developments to help fund pre-existing infrastructure paid for by existing utility customers. Water meter fees are the fees the city charges for meters purchased from the city. All meters up to two inches are purchased from and installed by the city. Construction fees are fees generated when a new water main is installed. Water is purchased from the city for filling and flushing the new main and bacteria samples are taken prior to the main being placed in service. These fees are typically adjusted every January first. The fees are typically adjusted using West Coast Cities CPI-Index, this year the CPI was 6.16%. The system development fees were overlooked in this year’s adjustment to the fee schedule adopted by City Council December 14, 2021, resolution 3873. Water System Development Fees Recoup City Costs Moses Lake Council Packet 3-22-22, Page 84 of 131 Page 2 of 2 Fiscal and Policy Implications Updating the water system development fees to keep pace with the West Coast Cities CPI-index of inflation is very important for the longevity of the City water system. Council Packet Attachments A. Water System Development Fees Schedule B. Amended Fees Resolution Finance Committee Review N/A Legal Review Type of Document Title of Document Date Reviewed by Legal Counsel • Resolution • Resolution to Amend Fees Options Option Results • Adopt as presented Staff will adjust the 2022 fees schedule to reflect the cost increase. • Provide staff with changes Staff will make necessary changes and present Council with a revised fee schedule. • Take no action. No action will be taken, the Water System Development Fees will remain at the 2021 level. Action Requested Staff recommends the fees be adjusted to match the West Coast Cities CPI-Index. Moses Lake Council Packet 3-22-22, Page 85 of 131 DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee Mun. Srvc. Water main tapping fee 3/4" - 2" tap 157.00$ 167.00$ Mun. Srvc. Water main tapping fee 4" - 6" tap 352.00$ 374.00$ Mun. Srvc. Water main tapping fee 8" tap 427.00$ 453.00$ Mun. Srvc. Water main tapping fee 10" tap 542.00$ 575.00$ Mun. Srvc. Water main tapping fee 12" tap 628.00$ 667.00$ Mun. Srvc. Water sample Purity test per sample 108.00$ 115.00$ Mun. Srvc. Filling and flushing Newly constructed water mains Per 100 ft of line 26.00$ 28.00$ Mun. Srvc. water meter 3/4" meter 379.00$ 402.00$ Mun. Srvc. water meter 1" meter 476.00$ 505.00$ Mun. Srvc. water meter 1-1/2" meter 921.00$ 977.00$ Mun. Srvc. water meter 2" meter 974.00$ 1,034.00$ Mun. Srvc. Previously installed water srvc 3/4" service 2,166.00$ 2,299.00$ Mun. Srvc. Previously installed water srvc 1" service 3,250.00$ 3,450.00$ Mun. Srvc. Previously installed water srvc 1-1/2" to 2" service 4,333.00$ 4,600.00$ Mun. Srvc. Connect to existing main Any size (up to 4 hours)396.00$ 420.00$ Mun. Srvc. Connect to existing main After 4 hours (ea. additional hr w/ service truck & 2 workers (per hour) $ 200.00 212.00$ Mun. Srvc. Engineering inspector overtime Charge for working outside of normal hours (per hr)60.00$ 80.00$ Mun. Srvc. Assignment of Water Rights Domestic water rights charge per equivalent residential unit (ERU) when subdividing residential, commercial, and industrial real property. 1ERU = 0.6 ACRE FOOT of Water use. (per ERU min 1ERU per lot) 1,200.00$ Mun. Srvc. Water System Devlpmnt Chrg 3/4" water meter 1,435.00$ 1,523.00$ Mun. Srvc. Water System Devlpmnt Chrg 1" water meter 2,438.00$ 2,588.00$ Mun. Srvc. Water System Devlpmnt Chrg 1-1/2" water meter 4,856.00$ 5,155.00$ Mun. Srvc. Water System Devlpmnt Chrg 2" water meter 7,798.00$ 8,278.00$ Mun. Srvc. Water System Devlpmnt Chrg 3" water meter 14,709.00$ 15,615.00$ Mun. Srvc. Water System Devlpmnt Chrg 4" water meter 29,413.00$ 31,225.00$ Mun. Srvc. Water System Devlpmnt Chrg 6" water meter 61,528.00$ 65,318.00$ Mun. Srvc. Water System Devlpmnt Chrg 8" water meter 116,310.00$ 123,475.00$ Mun. Srvc. Water System Devlpmnt Chrg 10" water meter 177,945.00$ 188,906.00$ Mun. Srvc. Sewer System Devlpmnt Chrg 3/4" water meter 856.00$ 909.00$ Mun. Srvc. Sewer System Devlpmnt Chrg 1" water meter 1,455.00$ 1,545.00$ Mun. Srvc. Sewer System Devlpmnt Chrg 1-1/2" water meter 2,884.00$ 3,062.00$ Mun. Srvc. Sewer System Devlpmnt Chrg 2" water meter 4,560.00$ 4,841.00$ Mun. Srvc. Sewer System Devlpmnt Chrg 3" water meter 8,731.00$ 9,269.00$ Mun. Srvc. Sewer System Devlpmnt Chrg 4" water meter 17,456.00$ 18,531.00$ Mun. Srvc. Sewer System Devlpmnt Chrg 6" water meter 36,390.00$ 38,632.00$ Mun. Srvc. Sewer System Devlpmnt Chrg 8" water meter 69,022.00$ 73,274.00$ Mun. Srvc. Sewer System Devlpmnt Chrg 10" water meter 105,655.00$ 112,163.00$ City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective April 01, 2022 Moses Lake Council Packet 3-22-22, Page 86 of 131 CITY OF MOSES LAKE RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON AMENDING THE WATER SYSTEM DEVELOPMENT FEES FOR THE 2022 CITY OF MOSES LAKE FEE SCHEDULE AS OF APRIL 1, 2022 Recitals: 1. In connection with the municipal functions and operations of the City of Moses Lake, the City requires certain fees; and 2. It is appropriate to review such fees and make adjustments to appropriately address costs; and 3. In keeping with the philosophy of setting City fees in amounts reflective of actual costs, it is appropriate at this time to revise certain fees to compensate the City for costs associated with various City functions and facilities; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE: Section 1. That the 2022 Fee Schedule of the City of Moses Lake pertaining to all water system development fees is amended as set forth in Exhibit A. Section 2. Severability. If any sections, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. Section 3. This Resolution shall be in full force and effect April 1, 2022. ________________________________ Dean Hankins, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 3-22-22, Page 87 of 131 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Susan Schwiesow, PRCS Director Date: March 15, 2022 Proceeding Type: New Business Subject: Parks, Recreation & Cultural Services Advisory Board Manual Resolution Legislative History: Financial Impact: • First Presentation: March 22, 2022 Budgeted Amount: N-A • Second Presentation: Unbudgeted Amount: • Action: Motion Total Cost: Overview The first recording of an established Board of Park Commission was in 1953 under Ordinance 210 with three (3) appointed members. From this time, there were many changes in the board from a commission to an advisory board, the number of members, and the years of their term. There has never been a handbook to define and understand the role they play in being a member of the board. Our department has created a Parks, Recreation & Cultural Services Advisory Board Handbook that will answer a new or returning board member’s questions and cover the basics to help provide an understanding of the role and responsibilities of the advisory board. The mission of the advisory board is to: Encourage projects and programs that contribute to the quality of life in Moses Lake by advising the City Council on parks, recreation, and the arts. They strive to preserve, enhance, and protect open spaces and to enrich quality of life for present and future generations. This handbook will help guide new and returning board members to perform their public service with a better understanding of what is expected of them. Fiscal and Policy Implications N/A Moses Lake Council Packet 3-22-22, Page 88 of 131 Page 2 of 2 Council Packet Attachments A. Parks, Recreation & Cultural Services Advisory Board handbook B. Resolution Finance Committee Review N/A Legal Review Type of Document Title of Document Date Reviewed Handbook Parks, Recreation & Cutlural Services Advisory Board Handbook March 7, 2022 Options Option Results • Adopt Advisory Board Hanbook The handbook will be implemented. • Provide staff with changes Staff will make changes. • Take no action The handbook will not be adopted. Action Requested Staff recommends the adoption of the Parks, Recreation & Cultural Services Advisory Board Handbook. Moses Lake Council Packet 3-22-22, Page 89 of 131 Parks, Recreation & Cultural Services Advisory Board Handbook City of Moses Lake Parks, Recreation & Cultural Services Department PO Box 1579, Moses Lake WA 98837 (509) 764-3805 www.mlrec.com Moses Lake Council Packet 3-22-22, Page 90 of 131 2 | Page WELCOME! Welcome and congratulations on your appointment to the City of Moses Lake Arts, Recreation and Parks Commission. As a board member, you provide recommendations to the Moses Lake City Council on a wide variety of topics ranging from community park acquisition and development projects to arts and recreation programming. Over the years, the services provided by the City’s Parks, Recreation & Cultural Services Department have evolved. The detailed studies, discussion, and advice provided by the Commission are key to creating and sustaining programs and policies that help make the City the best it can be. Serving on the advisory board is a rewarding experience where members are directly involved in major decision making for the community. The City relies on the participation of its constituents to create good policy and effective governance. It is the desire of the City Council to hear its citizens; it is the responsibility of the citizens to speak. Thank you for your service and your dedication to the City of Moses Lake! Pioneer Park Skate Park Moses Lake Council Packet 3-22-22, Page 91 of 131 3 | Page CONTENTS CHAPTER 1: WHAT HAVE I GOTTEN MYSELF INTO? What is the Parks, Recreation & Cultural Services Advisory Board 5 Advisory Board member Responsibilities 6 Reporting to City Council 7 Relationship to Council 7 Council Meetings and Agendas 8 Succeeding as an Arts, Recreation and Parks Commission Member 8 The Perfect Commissioner 9 Board Members, Appointment, Reappointment Process 10 How Long Did I Sign Up For? Terms 11 Advisory Board Organizational Structure and Succession Process 11 Advisory Board Sub Committees 12 What Do You Mean I have To Go To Meetings? 13 CHAPTER 2: ANATOMY OF A MEETING 13 Public Meetings 13 Tips for Managing Public Comments During a Meeting 14 Meeting Agendas 14 Quorum 14 Sample Commission Meeting Script 14 Roberts Rules of Order 15 Meeting Length 17 Conflicts of Interest 17 Recusal 18 The Good Meeting Checklist 18 Playing Nice in the Sandbox – Decorum 19 Dealing With Conflict Within the Commission 19 Tips to Turn Conflict into Constructive Good 20 Problem Commission Members 20 Tips for Working with Problem Commission Members 20 CHAPTER 3: BEYOND THE MEETINGS 21 Becoming a Recreation and Parks Champion 21 The Benefits of Public Recreation and Parks 21 CHAPTER 4: GETTING TO KNOW YOUR DEPARTMENT 26 Where Do I Start? 26 Department and Commission History 26 Vision 29 Mission 29 Staffing and Organization 29 Moses Lake Council Packet 3-22-22, Page 92 of 131 4 | Page Important Planning Documents and Resources 30 Budget 30 Museum & Art Center Programs 31 Recreation Programs 31 Park and open Space Areas 31 Why Does It Take So Long To Complete a Project? 33 Some Commonly used Acronyms 33 Pennsylvania Park Wading Pool Program Moses Lake Council Packet 3-22-22, Page 93 of 131 5 | Page CHAPTER 1: WHAT HAVE I GOTTEN MYSELF INTO? Congratulations, you are now a member of the Parks & Recreation Advisory Board! Now that you are a member, you may have some questions like:  What have I gotten myself into?  What’s my role?  What are we responsible for?  What’s our relationship supposed to be with our elected officials?  What’s expected of me as a board member?  Why do projects take so long?  Where’s the money going to come from?  How can we get help? These are normal questions to ask. This section will try to answer these questions and covers the basics to help provide an understanding of the role and responsibilities of the advisory board and some tips to help you succeed. Like most board members, you probably have a strong interest in parks, recreation, and the arts but may have limited experience working on an advisory board or with the City government and may need some information. WHAT IS THE PARKS, RECREATION & CULTURAL SERVICES ADVISORY BOARD? The mission of the advisory board is to: Encourage projects and programs that contribute to the quality of life in Moses Lake by advising the City Council on parks, recreation, and the arts. We strive to preserve, enhance, and protect open spaces and to enrich quality of life for present and future generations. The purpose and functions of the Parks, Recreation & Cultural Services Advisory Board are adopted by an ordinance of the City Council. This information may be found in Moses Lake Municipal Code section 2.08.810 and is also contained in this handbook. The advisory board has the following purposes and functions: • The Park Board generally shall serve in an advisory capacity to the City Council, City Manager, and Parks, Recreation & Cultural Services Director concerning formulation of policy and plans for development, management, and operation of the City parks and recreation program. • Advise and assist the City Council, City Manager, and Parks, Recreation & Cultural Services Director in specific areas including, but not limited to, the following: a. Promoting parks, recreation, and cultural services. programs to the community. b. Setting standards for park maintenance. 2008 Park Board Meeting Pennsylvania Park Moses Lake Council Packet 3-22-22, Page 94 of 131 6 | Page c. coordinating museum exhibits and activities. d. Setting goals for short-term and long-term future of the city park system. e. Serving as citizens’ input concerning parks, recreation, and cultural services, generally. f. Monitoring and evaluating the park system and museum activities. • To encourage donations or other support to further expand artistic, parks and facilities and recreation programs and services for the benefit of the community; • To hold regular public meetings and keep written record of its proceedings which shall be of public record; • To act as the city’s advisory board for tree issues including: a comprehensive community forestry work plan for the planting, care and management of trees; the protection and renewal of downtown street trees pertaining to the regulation of their planting, maintenance, removal and replacement; the protection of existing downtown infrastructure by recommending new and replacement street trees which are selected to avoid conflicts with overhead wires, buildings, signs, sidewalks, curbs, and underground utilities; providing news and information regarding the selection, planting and maintenance of trees; make recommendations from time to time to the City Council as to desirable legislation concerning tree programs for the city; and promote the local observance of Arbor Day with an official proclamation; • To perform such other functions as may be directed by the City Council or City Manager from time to time. ADVISORY BOARD RESPONSIBILITIES Selection to be a member of a City Advisory Board is an honor and provides an unusual opportunity for genuine public service. Although the specific functions are described in the enabling legislation, there are additional responsibilities that are common to all board members including: 1. Understand your role and scope of responsibility. Be informed of the board’s scope of responsibility and operating procedures. Moses Lake Council Packet 3-22-22, Page 95 of 131 7 | Page 2. Represent the majority views of the board. Individual “opinions” to the public and press are discouraged, and, if given, should be identified as such. 3. Represent the public interest and not special interest groups. 4. Recognize that you are in a unique position of serving as a liaison between the City Council and its citizens and can help reconcile contradictory viewpoints and to build a consensus around common goals and objectives. Members serve as a communication link between community, staff, and City Council, representing City programs and recommending and providing a channel for citizen expression. 5. Understand your role as a supportive relationship with the City Council and City staff and the proper channel of communication through the Department Director. 6. Do your homework and be thorough in recommendations. Review agenda items under consideration prior to the meeting in order to be fully prepared to discuss, evaluate, and act on all matters scheduled for consideration. Conclusions based on careful preparation will strengthen the value of the group’s recommendation. 7. Adhere to the highest standards of integrity and honesty in all endeavors and strive to safeguard the public trust. Members shall announce any direct or remote conflict of interests prior to the discussion. There is more information about Conflicts of Interest later in this document. 8. Establish a good working relationship with fellow group members. Respect individual viewpoints, allow other members time to present their views fully before making comments, be open and honest, welcome new members, and strive to minimize political action on issues. 9. Board members are not restricted from participating in political activities; however, they should not use or involve their membership in the conduct of political activities. REPORTING TO CITY COUNCIL One of the Boards’ main functions is to report and advise the City Council on issues. This section outlines major ways of doing so. RELATIONSHIP TO COUNCIL The City Council welcomes advice and input from City boards. The Council relies on the various commissions and boards to have a large number of viewpoints and talents to help solve City problems. Moses Lake Council Packet 3-22-22, Page 96 of 131 8 | Page COUNCIL MEETINGS AND AGENDAS Regular City Council meetings are held the second and fourth Tuesdays of the month. Board members are welcome to attend and participate in the public comment period. When board members address the Council, they should clarify whether they are speaking on their own behalf or as a representative of the advisory board, at the beginning of their commentary. Only the chair of the advisory board, or a member who has the prior approval of the board, should speak on behalf of the advisory board. SUCCEEDING AS A PARKS, RECREATION & CULTURAL SERVICES ADVISORY BOARD MEMBER Before long, many challenges present themselves when you serve the community as a Parks, Recreation & Cultural Services Advisory Board member. The following are some tips to help you succeed as a board member: Remember the boundaries of your authority and whom you represent. You have authority as part of a group during your public meeting and over only those things delegated to you. You represent all the residents of your community. Always ask how an action will affect them. If there is something that you don’t like about the Board’s operation, talk to Board members and staff first to try to solve issues. Get out and be involved in your services. Hearing about a park area or recreation program is nowhere near as good as seeing it in action. Your help is always needed as well. Take time to study issues. Don’t act on something new that you’ve never heard of before a Board meeting. Insist on time to study both sides of the new issue and get it on the agenda for your next meeting. Treat people like you’d wish to be treated. When residents complain, show concern for their point of view. Promise to get the facts and get back to them. You may not be able to change things, but at least you’ve made an effort. Get to know fellow Board members and treat them well. By taking time to know each other, you’ll recognize the skills, backgrounds, and interests of members. This will help you work more effectively as a group. Develop trust, respect, and empathy for other points of view, and be open and honest. Your Board is part of a municipal team with elected officials and staff that is collectively responsible for overseeing your parks, recreation, and cultural services system. Learn more by asking. Question new proposals and programs that come before the Board. Ask residents what they like and dislike about your services and thank them when they tell you. If you get questions you can’t answer, check into it, and get back to them. Never take an anonymous call regarding Board business. When a resident contacts you by phone, get the name of the caller first. If he or she won’t tell you, don’t continue the Moses Lake Council Packet 3-22-22, Page 97 of 131 9 | Page conversation. You deserve to know who you’re talking to, and people need to respect that. In addition, the City maintains public records and city business is subject to appropriate documentation. Obtain specific information so that you’ll be able to get an answer for the resident. Follow up within a reasonable amount of time. Don’t exaggerate when talking. Members realize you are exaggerating. Rather than saying, “A lot of people have been calling me,” it’s much better to state the name of the caller(s) and bring the concern before the board. Don’t always come to meetings with problems and complaints. When you do, be prepared to provide some solutions. Get beyond the single issue. Starting out as a Board member with a burning issue isn’t a bad thing. The key is not to focus only on your special interest. Strive to understand all your parks, recreation, and cultural services so that you can make more informed decisions. Make sure you’re having fun. This should be something you enjoy. If it’s not, step down and spend this time doing something more enjoyable. THE PERFECT BOARD MEMBER When board members all actively participate, the Board and decisions of the Board are stronger. How do you become an active participant? Think about the members who contribute the most to the work of the Advisory Board. Effective members have these characteristics: • Have an interest in, enthusiasm for, and belief in the value of community parks, recreation and cultural services. • Are friendly and people oriented. • Are sensitive to the residents and visitors to the community and their needs. • Have the ability to work well with others and a sense of fairness. • Have time and energy to give and a willingness to give it – for reviewing materials, attending meetings, and working on projects and programs. • Have a genuine desire to serve the community for the common good rather than self-interest. • Have good judgment, intelligence, and an open mind. • Are honest and reliable. • Bring special skills and talents that support and make a direct contribution to the work of the board. • Have excellent community visibility and credibility. • Can accept board members decisions and respect other’s points of view, opinions, and backgrounds. Moses Lake Council Packet 3-22-22, Page 98 of 131 10 | Page • Can inspire the respect, confidence, and support of the community • Arrive for meetings on time and well prepared. • Ask Questions. • Contribute to the discussion. • Listen to the ideas of others. • Consider issues objectively. • Stay involved. • Get along with individuals with different backgrounds and points of view • Share the workload and take advantage of opportunities to learn new things and carry out jobs of the Board. • Are good interpreters for the Board and can clearly explain its purpose to people who aren’t familiar with it. • Are helpful, stick to discussions, give other members a chance to talk and serve as a mentor for new board members. • Adopt a positive attitude toward the Board, looking for its strong points and avoiding the negative “everything is all wrong” attitude that can destroy a Board. • Accept the fact that every board member encounters problems from time to time but don’t get discouraged by pessimistic attitudes. • Are willing to learn from others and to change on the basis of the combined experience and perspectives of the board members. BOARD MEMBERS, APPOINTMENT, REAPPOINTMENT PROCESS The Parks, Recreation & Cultural Services Advisory Board consists of seven (7) voting members, who are appointed for a term of four (4) years. At least five (5) members shall reside within the corporate limits of the City and up to two (2) members shall reside in the City’s urban growth area outside the corporate limits of the City. Members have interests in parks, recreation, social, and cultural activities. Board members are both casual and organized users of the parks and recreation facilities and programs. Members are selected to help strengthen local parks, arts, and recreational services to help meet the needs of the community. Board members are volunteers and serve without compensation from the city or from any trust, donation, or legacy to the City for their service as such members. To be appointed to the Advisory Board, each potential new member must: • Upon notice of a citizen advisory board vacancy, the City Manager will direct the City Clerk, or designee, to publish notice of the vacancy on the City’s website for the full or unexpired portion of the term. A minimum of ten (10) day shall be provided to citizens to complete the application form provided for the open position. • Submit the application and resume on the City of Moses Lake website. Moses Lake Council Packet 3-22-22, Page 99 of 131 11 | Page • If recommended for appointment by the Mayor, the recommendation is forwarded to the City Council for consideration of appointment. All advisory board members must be appointed by a majority vote of the City Council. • Once selected, the City Clerk will send a letter to let the new member know they have been appointed to the Advisory Board. Persons seeking reappointment to the Advisory Board must: • Incumbents who wish to be reappointed shall notify the department director or the City Clerk’s office within 90 day prior to the expiration of their term. • If recommended for re-appointment by the Mayor, the recommendation is forwarded to the City Council for consideration of appointment. All advisory board members must be re-appointed by a majority vote of the City Council. • Once selected, the City Clerk will send a letter to let the new member know they have been appointed to the Advisory Board. HOW LONG DID I SIGN UP FOR? Each Advisory Board member shall be appointed for a term of four (4) years. Vacancies occurring other than through expiration of terms shall be filled for the remainder of the term of the member being replaced. ADVISORY BOARD ORGANIZATIONAL STRUCTURE AND SUCCESSION PROCESS The Advisory Board operates with the following structure: Chairperson, Vice Chair, and board members. Officers are elected annually by a majority vote of the board members. Board member officers serve one-year terms in each office. At the conclusion of the term, the Chairperson and the Vice chairperson shall be elected. Officer positions that are vacated through a member’s resignation or removal shall be filled by a majority vote of the board members. The Chairperson The Chairperson is the key to the entire group process and is the hub of the action. The Chairperson must balance being strong enough to make certain that the meeting is run by the rules, but democratic enough to use the power and authority of the position wisely. The Chairperson’s ability to handle meetings will have a significant impact on morale, operation, and effectiveness. The Chairperson starts the meeting on time, explains the nature of the meeting, introduces and explains each item on the agenda, encourages board discussion, and facilitates board action. The Chairperson must make certain that discussions do not get sidetracked on minor issues and must have the ability to see the “whole picture.” The most important part of being Chairperson lies in the ability to elicit input from each board member, finding common ground and achieving a consensus when appropriate. Last, but far from least, the Chairperson must be able to represent the entire group to the City Council and community groups. Some specific tasks that the Chairperson completes include: Moses Lake Council Packet 3-22-22, Page 100 of 131 12 | Page  Introduces new members  Welcomes any guests who are present  States the goals for the meeting  Reviews the agenda and background materials  Keeps members on task  Sticks to the agenda  Involves all Commissioners in discussions and doesn’t allow a few to monopolize the meeting  Stays objective  Asks questions  Gives credit for ideas  Stays aware as to whether members are comfortable  Makes sure everyone understands discussion items  Doesn’t back members into corners or embarrass them  Summarizes periodically  Helps the board reach decisions  Wraps up discussions Vice Chairperson In the event the Chairperson is absent, the Vice chairperson shall fill the role of Chairperson. ADVISORY BOARD SUB-COMMITTEES A standing committee is a committee which has a “continued subject matter jurisdiction” such as arts, Arbor Day and others. The committees are comprised of less than a quorum of currently appointed board members. Committees include (subject to change): Tree City Committee – Three members of the board may serve on the Tree City Committee. The Committee will promote Arbor Day activities, review and update a five year-plan to plant and maintain trees on city property and support public awareness and education programs relating to trees. Arts Committee - Three members of the board may serve on the Arts Committee. The Committee reviews art programmatic, acquisition and maintenance items. The Committee generally meets quarterly or as needed. A working committee is a committee which has been established to address a specific topic with an end date such as a ribbon cutting, park financing, call to artist or request for proposals review, awards ceremony or recreation program. Both Commission members and other stake holders can be appointed to a working committee by Department staff. The committees are comprised of less than a quorum of currently appointed board members. Moses Lake Council Packet 3-22-22, Page 101 of 131 13 | Page WHAT DO YOU MEAN I HAVE TO GO TO MEETINGS? Advisory Board members are expected to make every effort to attend every scheduled meeting. Remember that the business of the Advisory Board requires that a quorum of the members be present to conduct business. If you are unable to attend a meeting, you should notify the Parks, Recreation & Cultural Services Director and Administrative Assistant by email prior to the meeting. An excess of three (3) consecutive unexcused absences may result in the member forfeiting their office, as determined by the City Council. A member’s absence is unexcused if the member fails to notify the designated staff in advance of the meeting that the member will not attend the meeting. If you are unable to continue service due to health, business requirements, or personal reasons, members should submit a formal letter of resignation to the Parks, Recreation & Cultural Services Department Director. Vacancies occurring other than through expiration of terms shall be filled for the remainder of the term of the member being replaced. Members of the Commission may be removed by recommendation of the Mayor, with confirmation of the City Council, for neglect of duty, conflict of interest, and malfeasance in office or for other just cause. CHAPTER 2: ANATOMY OF A MEETING PUBLIC MEETINGS Pursuant to Chapter 42.30 RCW – Open Public Meetings Act - all meetings of governmental bodies, including Advisory Boards, at which action is taken, are public meetings. This means that the meeting shall be held on a regularly scheduled basis, at a specific time and place, or if held at some other time or some other place, an announcement of the time and place of meeting is given to the public beforehand, and that all such meetings are open to the public. The Parks, Recreation & Cultural Services Advisory Board meetings are advertised on the City website, and other electronic media locations. If meeting times and locations are changed, or special meetings contemplated arrangements must be made and the meetings pre-advertised. The Advisory Board is required to meet at least once per month unless the chairperson determines that no meeting is necessary. Special Commission meetings may be held as often as determined necessary upon advance notice to the members and to the public in accordance with RCW 42.30.080. All meetings shall be open to the public. At a public meeting, any and all persons may attend the meeting and observe. There is, however, no requirement for the Advisory Board to allow comment on the subject matter being considered Moses Lake Council Packet 3-22-22, Page 102 of 131 14 | Page unless public comment is permitted. The Advisory Board, if it chooses, may permit such public participation, but it is not required to do so. Those individuals recognized by the Chairperson to participate in the public meeting through public comment shall limit his/her comments to a specific and consistent length of time such as five (5) minutes or as otherwise allowed by the Chairperson. TIPS FOR MANAGING PUBLIC COMMENTS DURING A MEETING Many of those who show up have something they want to say. When it’s time for public comment on the agenda, the Chairperson tells those who want to speak how much time they’ll be permitted, normally up to five minutes. When speakers go beyond the time limit, they should be politely thanked for their comments and then the meeting should move on. No citizen has the right to dominate meetings. Establishing the right balance between conducting the Board’s business and public communication s is important. MEETING AGENDAS One of the most crucial items in providing for orderly meetings is a well-organized and well- prepared agenda. A systematic order of business may be the difference between haphazard wrangling and a well-run, well-timed meeting. The agenda must be prepared and distributed so members are given adequate information on items to be considered. They should get that information far enough in advance to give it appropriate study. Department staff assembles and distributes the meeting agenda packet the Friday prior to the meeting to allow sufficient time for board members to review the content and ask clarifying questions if needed prior to the meeting. QUORUM A majority of the currently appointed Advisory Board constitutes a quorum for the transaction of business; provided, that a minimum of four Advisory Board members are present. In the absence of a quorum, the only action that may be taken by those members present is to (a) cancel, (b) adjourn, or (c) adjourn to a designated time. Work sessions with no decisions made may be conducted without a quorum. SAMPLE COMMISSION MEETING SCRIPT CALL TO ORDER “It’s [INSERT TIME] so I’d like to call to order the [INSERT DATE] meeting of the Parks, Recreation & Cultural Services Advisory Board.” ROLL CALL If everyone is there: “For the record please show that all board members are in attendance.” If someone is absent and notified that they wouldn’t be there: Moses Lake Council Packet 3-22-22, Page 103 of 131 15 | Page “[INSERT BOARD MEMBER NAME] notified us that they wouldn’t be able to be at this meeting so I would entertain a motion to excuse [INSERT BOARD MEMBER NAME].” Then, after the motion, “Is there a second?” Then after the second, “All in favor of excusing [INSERT BOARD MEMBER NAME] say aye, opposed” Then assuming it passes, “Motion carried.” Board members not attending without notification are unexcused absences. REGULAR AGENDA ITEMS The first agenda item is an introduction of any guest/visitors. “The second agenda item is the approval of the minutes from the [INSERT MEETING DATE] meeting. If you’ve had a chance to review the minutes, I would entertain a motion to approve them. Is there a second? Is there any discussion? All in favor say aye, opposed.” Assuming they are approved, say “Motion carried.” If there are changes to the minutes, you instead would “entertain a motion to approve the minutes as amended.” “The next agenda item is….”(each agenda item has a staff report and the requested action and motion if there is one at the top of the agenda report). After the staff report and discussion has concluded and if there is action to be taken: “I would entertain a motion on this item if the Advisory Board so desires.” Then, after the motion, “Is there a second?” Then ask if “Is there any further discussion.” Then after the second, “All in favor of [RESTATE THE MOTION] say aye” pause to get the vote then “opposed,” Then assuming it passes, you say, “Motion carried.” If no action is needed, then ask or state what the next steps are. NEXT MEETING Our next meeting is scheduled for [INSERT DATE, TIME and LOCATION]. ADJOURN “With no other business, this meeting is adjourned at [INSERT TIME].” (Motions, seconds not required.) Moses Lake Council Packet 3-22-22, Page 104 of 131 16 | Page ROBERTS RULES OF ORDER In the absence of adopted rules of procedure and/or statutory regulation, the generally accepted rules governing meeting procedures are Robert's Rules of Order Newly Revised (Latest Edition). For the purposes of the Advisory Board, Robert’s Rules of Order can be distilled into a few fairly simple guidelines. Robert’s Rules are based on common sense and courtesy and, as such, are a guide for protecting the basic rights of participants. Robert’s Rules outline an orderly process for placing items before a group for their guiding discussion and clarifying voting. The basic steps of making a motion, amending it and voting are listed below and should cover most situations. The Motion: When Robert’s Rules of Order are being used, a motion is required to bring an item before the group for consideration. Motions usually come about as a result of a general discussion about an issue. As the group’s thoughts coalesce and a direction becomes clear, one member will say, “I move that……” Restatement: The Chairperson should restate the motion to be sure that everyone has a common understanding of what action is being proposed. He/she says, “We have a motion before us to [state motion], do we have a second?” The Second: To be certain that the motion is of interest to more than one person, a second is necessary in order to begin debate on the Motion. If there is no second, the motion dies. Since it is not “on the table”, no further discussion about it should occur. It is not a good idea to second a motion just to be nice to a fellow member. The rule of requiring a second is intended to ensure that time is not spent on items that are not of interest to the group or are simply poor ideas. Discussion, Clarification, Debate: Only one main motion may be under consideration at any one time. Once the motion has been seconded, the chairperson will say, “The floor is open for discussion”. Members then discuss the merit of the proposal and state their positions. Amendment to the Original Motion: During the course of the discussion and debate, someone may suggest that the original wording needs to be changed to more accurately express what the majority wants it to say or to reflect a point made during discussion. The Chairperson should ask this person to offer specific wording for the amended motion. Amendments must relate to and/or clarify the subject of the motion under discussion. They should not introduce issue or topic. If there is no objection to the amendment: The Chairperson may ask the persons who made and seconded the original motion if they accept the proposed amendment. If they do, and if no one else objects, the Chairperson may suspend a formal vote on the amendment. They would restate the motion as amended and proceed to a discussion of the now amended motion. If someone objects to the amendment: If anyone objects to the amendment, the Chairperson would restate the amendment and call for a second to the amendment. Moses Lake Council Packet 3-22-22, Page 105 of 131 17 | Page Discussion, clarification, debate and ultimately a vote are then taken on the amendment. An amendment cannot be separated from the motion it amends and may not – by itself – be referred to a committee or postponed to another time. Motion to Amend an Amendment: A motion to amend an amendment can be made but there can only be one such motion on the table at any given time. This is to avoid people getting hopelessly confused about what they are – or are not – voting on. There would be debate and a vote first on the motion to amend the amendment. After that discussion and vote on the amendment (in its original form or as amended). Debate on the Original Motion: Once a vote on any amendment has been taken, debate returns to consideration of the original motion or on the original motion as amended. Motion to Limit Debate: This motion permits the group to set limits on the time allowable for discussion before voting. The motion to limit debate is not debatable. That is, if there is a second to the motion, the Chairperson must call for a vote. Since the motion to limit debate may infringe on the basic principle of freedom of discussion, a vote of two-thirds of those present is required. If the motion to limit debate is passed, the Chairperson must keep track of time, announce when the limit has been exhausted, and call for a vote on the motion under discussion. If discussion is not complete when the time limit has been exhausted, any member may move to table the motion which has been under discussion. MEETING LENGTH Most of us want and expect an Advisory Board meeting to begin and end on time. Members may have other plans and don’t like long delays in the start of the meeting. The same holds for adjournment. Meetings that drag on past the agreed-upon hour make people uncomfortable. Meetings should not last more than two hours. Set a curfew time to end meetings and stick to it. If it looks like the curfew won’t be met, the Chairperson should let members know approximately how much longer the meeting will go. CONFLICTS OF INTEREST Members of the Advisory Board shall reveal all potential, perceived or actual conflicts of interest due to membership of or employment by other entities and shall recuse themselves from discussion and decision-making concerning issues for which a conflict exists. See the next section on how to recuse yourself. A potential conflict of interest exists when a board member takes an action that reasonably could be expected to have a financial impact on that member, a relative, or a business with which the member or member’s relative is associated. The board member may participate in an action after declaring the potential conflict and announcing its nature. An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the board member, a relative, or a business with which the member or Moses Lake Council Packet 3-22-22, Page 106 of 131 18 | Page member’s relative is associated. The member will declare the actual conflict and announce its nature. The member must then refrain from taking any official action. Potential and perceived conflicts usually aren’t illegal. But they are vulnerable to legal challenges and public misunderstanding. Loss of public confidence and a damaged reputation of the Advisory Board are the most likely results of a poorly managed conflict of interest. RECUSAL Recusal or to recuse oneself means to remove oneself from participation in a decision so as avoid a conflict of interest. No member may vote on an item in which they have a direct personal or financial interest. In such instances, the member must voluntarily recuse them self by leaving the meeting so the remaining members can freely discuss and vote on the issue. If such a member were to stay, their presence alone could inhibit discussion and influence other board members’ actions. In the event the interested member does not leave voluntarily, the Advisory Board can ask them to leave. If they refuse to leave, the Advisory Board can adjourn the meeting to another location where they can hold the discussion and vote without interference by the member. Under those circumstances, the Advisory Board might also consider a vote of censure against the member for their refusal to recuse themselves. Once the vote is taken, the recused member may return to the meeting. THE GOOD MEETING CHECKLIST What makes a good meeting? Here are seven ways to help you determine if the meeting was a success.  First, you had a chance to talk. You and the other members of the Advisory Board had an equal and fair chance to participate.  Second, you helped to create something. Maybe it was a program idea or an important decision; at any rate, you and the others pooled your thinking and came up with something better than any one person could think of individually.  Third, you felt relaxed and comfortable with the other members. Instead of feeling worn out from tension you went away feeling stimulated for the next meeting because the atmosphere you worked in was free, open and relaxed.  Fourth, you had good leadership. The Advisory Board chair was well prepared for the meeting, summarized the issues on the agenda and was prepared with the facts for the Commission at the proper points in the discussion.  Fifth, you were clear on what the Advisory Board was trying to accomplish. You were able to see progress and see the steps required of you and the others to reach your goal. Moses Lake Council Packet 3-22-22, Page 107 of 131 19 | Page  Sixth, you learned something. This learning may have been about yourself, your fellow board members, your chair, your community or some topic of interest. A good Advisory Board meeting is generally a “mind-stretching” exercise for members. There’s nothing wrong with taking something away with you.  Seventh, there should be follow-up work to do. Members should leave the meeting with assignments and it’s the job of the board chair to see that they do their jobs. PLAYING NICE IN THE SANDBOX - DECORUM For the public addressing the Advisory Board: In the event that any meeting is interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible, and order cannot be restored by the removal of individuals who are interrupting the meeting, the members of the body conducting the meeting may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the members. In such a session, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the governing body from establishing a procedure for readmitting an individual or individuals not responsible for disturbing the orderly conduct of the meeting. For members of the Advisory Board: It is the expectation that members of the Advisory Board should be able to freely and truthfully express their viewpoints regarding the business of the Advisory Board, however, these viewpoints shall be constructive and add to the discussion. At such time as the conversation becomes personal, impertinent or slanderous, any member of the Board may ask for a recess from business in order for the issue to be addressed. DEALING WITH CONFLICT WITHIN THE ADVISORY BOARD The Advisory Board Chair should make it clear that: 1) whenever people get together to solve problems, there’s bound to be disagreement, and 2) members should be courteous to each other and allow all views to be shared. Hearing another’s point of view is never a bad idea and disagreement can bring out sides to issues that are important to think about. Conflict and controversy can be common with active, productive boards. Think of conflict as neither good nor bad. Consider it as the appearance of differences of opinion, interests, and experiences. Many times, the differences remain undisclosed until some situation between members brings the differences out in the open. Although you may not like conflict, it can be the “stuff” out of which comes progress. It may not seem possible at the time your board is going through it, but a great deal of value will come out of a difficult situation if your board reviews the experience and makes up its mind to learn from it. TIPS TO TURN CONFLICT INTO CONSTRUCTIVE GOOD Moses Lake Council Packet 3-22-22, Page 108 of 131 20 | Page • Bring the differences into the open. You can’t integrate differences unless you know what those differences are. • Define the problem and focus on the problem rather than the personalities involved. • Search for the significant features of the conflict and look for small points of agreement (the “common ground”) as a starting point for reconciliation. • From time to time check back and determine exactly what the points of disagreement are. You can suggest partial solutions that will be acceptable. • When the conflict has been resolved and an agreement has been reached move on to the next order of business. PROBLEM ADVISORY BOARD MEMBERS Consider the board member who uses the public forum of Advisory Board meetings to work out personal grudges against people. Think about the extremely negative person who is the complaining, suffering Board member. He or she certainly fails to contribute to board members morale and may drive other members away. Then you have the irresponsible person who says, “Oh, please let me do this. I’d love to do it.” But nothing happens. The member agrees to do the job, but never does it. All you get are excuses for why it hasn’t been done. How about the “eager beaver” member who runs around town speaking for the Advisory Board when he or she has no authorization to do so? He or she makes commitments for the Advisory Board without consulting anyone, then gets the Advisory Board into all kinds of trouble and replies, “I was only trying to help.” Some board members have “empire builders.” They are the “I” members who consider every Advisory Board responsibility in terms of “what’s in it for me.” They are the ones who never work for the good of the whole group. Then there are the board members who use their Advisory Board position and the perceived power associated with it for personal gain or to assist someone on an issue that will result in a conflict of interest. Those who do this alienate the public and reflect poorly on public officials and fellow board members. TIPS FOR WORKING WITH PROBLEM ADVISORY BOARD MEMBERS Before the Advisory Board considers asking your elected officials not to reappoint problem members when their term expires, here are a few suggestions to try first. Moses Lake Council Packet 3-22-22, Page 109 of 131 21 | Page • Recognize that some members are really striving for recognition and give them a major task or position to satisfy them. • Keep them involved and bide your time. • Some board members come in with an ax to grind but see the big picture eventually. • Keep the Advisory Board meeting agenda lean with to-the-point discussions to reduce agonizing over trivial subjects. • Don’t let board members catch the Advisory Board off-guard. If you hear rumors about negative actions planned for an Advisory Board meeting, relay them to the Advisory Board chair. • Deal with self-serving board members by having the Advisory Board chair speak with them privately. When there’s even a possibility of a conflict of interest immediately resolve it. CHAPTER 3: BEYOND THE MEETINGS Another role of the Advisory Board is to help develop community support for parks and recreation outside of regular meetings. Developing support is an ongoing process that touches every aspect of what the Advisory Board does. And it doesn’t happen overnight. BECOMING A PARKS & RECREATION CHAMPION Advocacy is a process where you aim to influence public policy and resource allocation decisions within the political systems at the local, state, or federal government level. As a board member, advocacy for public arts, recreation and parks is one of your key responsibilities. Advocacy requires you to participate in the political process before, during and after elections; familiarize yourself with your elected officials (local, state and federal); and communicate on a regular basis with your elected officials, reinforcing the benefits of arts, recreation and parks. Elected officials have some very tough choices to make. It’s your job as a board member to provide them with information and tools to be able to make those decisions. Another important matter is to make sure that arts, recreation and parks are viewed as “essential” services. An essential service is something that taxpayers will not do without. Public safety services like police and fire protection are perfect examples. The more essential your arts, recreation and parks services are to your citizens, the more support you’ll receive from them. Recreation staff Moses Lake Council Packet 3-22-22, Page 110 of 131 22 | Page To be an active advocate for the programs and services provided by the City and to help advance the arts, recreation and parks profession on the local, state and national levels, you’ll need to be prepared to educate audiences about the value of arts, recreation, and parks. Advocacy requires you to share with elected officials the many ways that the Parks, Recreation & Cultural Services Department programs and services improves health and wellness, increases economic vitality and preserves natural resources in the community. Political decisions are being made today that will determine the fate of park areas, recreation facilities, and arts and recreation programs for years to come. By educating elected officials about the importance of arts, recreation, and parks services and communicating with them about legislation that impacts public parks and natural resource conservation, board members can help determine how those decisions are made. Advocacy Tips Every year, hundreds of decisions are made, and legislative proposals are introduced on subjects that affect public arts, recreation, and parks. Understanding the advocacy process and holding elected officials and legislators accountable for their actions helps you affect the outcome. Here are tips on how to be an effective advocate and make sure your voice is heard: • Your view is important. The decision-making processes are open to every citizen who has something to say about an issue, a bill or a problem that involves government action. As a citizen you can write a letter, send a fax or e-mail, attend a public meeting, hold an in- person meeting, and make a phone call. • Know who to contact. Government is complicated. You may be familiar with your local government, but there are also the state and federal levels. Find out who your United States Senator or Congress member, or State Representative and Senator. • Know when to contact and be prepared. If you’re interested in a specific state or federal bill, submit your views as early as possible in the legislative process, while it’s still in committee. If you want to influence a local decision, be prepared and be specific. If you’re advocating because of something you’ve heard or read about, share the source with the elected official so that he or she can make certain that the information you’ve shared has been accurately reported. The easier your position can be explained, the more likely it is that they’ll be persuaded to accept it. Pare to the simplest, most essential facts and arguments. For state and federal government, know the following information: the number of the bill and the name of the sponsor; the current status of the bill (in committee, coming up for a vote, etc.); what you’re asking for (trying to start a bill, stop it or amend it). • Know how to reach your elected officials. Moses Lake Council Packet 3-22-22, Page 111 of 131 23 | Page In Writing: In a letter, fax or e-mail you can think through everything you want to say and state it without interruption or distraction. The elected official can review your ideas exactly as you stated them. The major drawback is that misunderstandings can’t be corrected as they can in conversation. So, write clearly and always put your complete name, address and telephone number on the letter itself. Keep your letter to one page. Always include complete mailing address information in the body of your e-mail. Don’t send an e-mail with only a screen name for reply. In Person: Face-to-face meetings are preferable because they’re the most personable. Always call in advance for an appointment and call ahead to confirm the appointment. Be up-front about what topic you want to discuss, so that they can update themselves on the status of the issue or bill before meeting with you. By Phone: The telephone is quick and flexible. But there’s only limited opportunity to provide tangible material that helps build a solid file of information for the elected official. A follow-up letter, email or fax, however, can provide information in writing. • Practice your pitch. Be Factual: Don’t exaggerate and never lie. Even a simple issue has pros and cons. In fact, by also addressing the arguments on the other side you have an opportunity to rebut them. Relate specific examples of how the decision or the legislation will directly affect the elected official’s constituents. Be Polite: Treat the elected official with respect and professionalism. Zero In: Don’t ramble. Stick to the subject and say it in two to three minutes. • Get an answer. Elected officials don’t like having to tell a constituent that they don’t agree with him or her. They may try to limit the meeting to “listening to your views,” without ever expressing their own opinions. They may state general inclinations rather than how they’ll vote on a specific issue or bill. Insistently, but politely, ask for an answer and wait to get it. If they still decline, ask for a specific time when they’ll give you their decision. Before leaving set up an appointment for a second meeting or a time when they’ll provide you with their views. • At the state or federal level, if no answer is forthcoming, ask the legislator if you can work with one of their staff members on follow-up actions. Staff members do research, draft bills, make recommendations on amendments and develop expertise in areas at the request of their legislator. They are available to spend much more time working with you on behalf of their legislator. • Follow up. Within one week of the visit, send the elected official a letter thanking him or her for the meeting and confirming your understanding. Ask for follow up if you haven’t heard back as promised. Moses Lake Council Packet 3-22-22, Page 112 of 131 24 | Page • Plan for the future. Advocacy is a lot like baseball – no one bats a thousand. There’s always another game after this one. Even when you’re unhappy with the position the elected official took, don’t feel you were a failure. You may have softened or moderated their views. THE BENEFITS OF PUBLIC PARKS AND RECREATION When the City invests in park areas, arts, and recreation programs, many opportunities that benefit your citizens and your community as a whole are created. A quality recreation, art, and parks system positively impacts people’s lives and makes the community a better place to live. As an Advisory Board member, remember these important benefits as you do your work. These are the things you’re helping to make happen. Do your best to educate your elected officials about the important role arts, recreation and parks plays in many different areas: • They help our youth choose rewarding paths to adulthood by providing programs and opportunities to build physical, intellectual, emotional and social strength. • Children exposed to natural areas at an early age gain a better awareness of the environment and become better stewards of our world as they grow into adults. • Parks provide children with opportunities for organized and spontaneous play. Play is critical in the development of muscle strength, coordination, language and cognitive abilities. • Parks help improve everyone’s health by providing fitness facilities, programs and space to enjoy fresh air and exercise. Studies have determined the large economic burden related to physical inactivity. Recent research suggests that access to parks and linear greenways can help increase the level of physical activity for all. • Parks and natural areas can improve psychological and social health. Studies show that when people can’t reach parks, they often go without exercise. This is especially true of low-income people who can’t afford private gym memberships. • Recreation programs and special events help build and strengthen ties among community residents by bringing people together, including those who are otherwise divided by race or class. Parks, arts, and recreation services offer opportunities for people of all ages to communicate, compete, interact, learn and grow. Moses Lake Council Packet 3-22-22, Page 113 of 131 25 | Page • Numerous studies indicate that parks help maintain and in some cases increase the value of neighboring residential property. Growing evidence points to a similar benefit for commercial property value. • The availability of parks, arts, and recreation facilities is an important quality of life factor for individuals and families choosing a place to live. • Sometimes a young person’s world can be complex and troubling. There are way too many kids that end up on the wrong path and enter the juvenile justice system. One year of incarceration can cost $45,000. Providing children with arts, recreation, and parks opportunities that help keep them out of jail is a valuable and essential service. • Many people struggle to maintain their health and independence as they get older. The cost to care for a senior in a nursing home can average $50,000 per year. Providing older adults with arts, recreation, and parks services that help keep them independent and healthy is a valuable and essential service. Meeting the Basic Needs of Residents • Improve health and fitness • Enhance creativity and cultural growth • Build relationships among people • Develop character • Reduce stress • Provide experiences that meet people’s needs for belonging, identity, relaxation, happiness, recognition, achievement, affection, social approval, adventure, excitement, and competition • Provide experiences that help people grow, develop self-confidence and increase self- esteem • Offer diversion from routine • Provide life-long learning and self-discovery opportunities Improving the Local Economy • Attract business relocation and expansion • Serve as a catalyst for tourism by bringing visitors to spend money and time in the community • Contribute to healthy and productive work forces • Enhance real estate values • Bring increased revenue for services with new home construction caused by business expansion • Reduce the high repair cost and unsightly look of vandalism • Aid financial stability in families by providing affordable activities • Help supplement citizen income through part-time employment opportunities Moses Lake Council Packet 3-22-22, Page 114 of 131 26 | Page Enhancing Your Natural Environment • Encourage preservation and conservation of the environment • Preserve plant and animal wildlife habitats • Foster community pride in natural resources • Provide accessible places to enjoy Nature • Protect natural resources and open space areas • Help to control pollution • Enhance air, water, and soil quality • Provide buffers between residential and industrial areas Strengthening Your Community • Encourage a sense of cohesion, unity, belonging, pride and appreciation for the community’s traditions and heritage • Build stronger families • Reduce loneliness and alienation • Promote ethnic and cultural understanding and harmony • Allow people to meet their neighbors and develop friendships • Provide citizen Involvement opportunities that build leadership skills for tackling other community concerns • Provide alternatives to self-destructive behavior • Help prevent crime • Keep children out of trouble CHAPTER 4: GETTING TO KNOW YOUR DEPARTMENT WHERE DO I START? A good first place to start is to explore the city website on the Parks, Recreation & Cultural Services Department Page. There you will find information on our comprehensive plan, the museum, Ice Rink, Surf ‘n Slide Water Park, recreation program listings, detailed information about City Park areas, information on picnic shelters, and Cascade Campground. The website is: www.mlrec.com. Moses Lake Parks, Recreation & Cultural Services also has a Facebook and an Instagram page which is regularly updated with current program and project information. The Moses Lake Museum & Art Center also has a Facebook, Instagram, and a YouTube channel. DEPARTMENT AND ADVISORY BOARD HISTORY In 1947, under ordinance #96, the City created a Park and Playground Fund, “which moneys in said fund shall be used for the purpose of building, constructing and supplying the municipal park and playground.” In 1950, the City Park Fund, later referred to as Parks and Recreational Facilities, is named in an emergency transfer of $600 to the department for the 1950 budget. “Whereas, an emergency exists which could not have been reasonably foreseen at the Moses Lake Council Packet 3-22-22, Page 115 of 131 27 | Page preparation of the last (1950) annual budget.” The funding will go towards paying salaries and wages for the operation of City parks. The first recording of an established Board of Park Commissioners was in 1953 under ordinance #210 with three (3) appointed members. In 1955, the ordinance was amended to give clear definitions to commission member roles and in 1958 changed to Park and Recreation Commission. Later that year, the Board would propose to council to add a dedicated full time Supervisor and Superintendent positions to the Parks and Recreation Facilities department. It is important to note that around this same time in the early 1950’s, the Moses Lake Museum was beginning to evolve. A man named Adam East (not West!) moved his family and collection of 35,000 – 40,000 objects found in the Columbia Basin from Wenatchee to Moses Lake. Throughout the 1950’s his collection was held in various locations around Moses Lake including a location off Stratford Road, Moses Lake Flight Center, the old Moses Lake hospital’s vacated Men’s ward and more. Some of the locations held specific names like, Moses Museum, Columbia Basin Museum, until settling as the Adam East collection. In 1956 under declining health, Adam East donated his collection to the City of Moses Lake and in 1958, the Adam East Museum was built. In the early 1960’s, the Park and Recreation Commission was involved in many foundational projects such as: building the Swedberg pool at McCosh Park, building little league fields, purchasing of Cascade Park and park improvements and even having discussions on Algae treatment for Moses Lake. In 1962, the board, now referred to as the Moses Lake Recreation Council was completely reorganized and acting in an advisory capacity and would report to the Park and Recreation Department’s seasonal director, who will be a liaison to the Moses Lake City Council. In 1964, Ordinance #515 created a Museum Commission consisting of five (5) members for five (5) year terms. It would be the Museum Commission’s responsibility to propose rules and regulations prescribing the function of the museum, items to be displayed, kinds of gifts to be accepted, and all other conditions pertaining to the management and supervision of Adam East Museum property. It would also submit a proposed budget to carry on activities each year. In 1965, ordinance #528 repealed ordinance #281 which added two more members to the Moses Lake Recreation Council and changed the name to Parks and Recreation Advisory Commission. Later that year, the Parks and Recreation Advisory Commission would repeal ordinance #282 and replace it with ordinance #529 which would appoint a Park and Recreation Department director. Moses Lake Council Packet 3-22-22, Page 116 of 131 28 | Page In 1972, under ordinance #658 chapter 1.12 was amended to change the name of Parks and Recreation Advisory Commission to Parks and Recreation Commission which now consisted of seven (7) members with five (5) year terms. In 1977, the City changes its form of governance to the Council/Manager form, where the City Manager now oversees City departments. Additionally, ordinance #819, Chapter 1.5 “Museum Commission”, was repealed entirely. Between 1958-1989, the Adam East collection had been housed in a locally built museum on the civic campus. In 1989, the collection became threatened to be divided and potentially lost forever. Following a series of letters from dedicated Friends of the Museum and local community members a final push was made for the city to continue being the stewardship of this collection and, following a city council retreat in 1990, the city decided to continue housing the collection as the Adam East Museum & Art Center in a downtown location. In 1989, ordinance #1368 established, the Tourism Commission including the duties of commission members. The Commission consists of seven (7) members with five (5) year terms. In 1990, the Parks and Recreation Department hired a Tourism Director, who would later became the Parks and Recreation Director. In 2017, under ordinance #2855, Tourism Commission was repealed completely. In the early 1990’s, the department was busy with programming, starting new events like a free Summer Concert Series, performing updates to current facilities like Larson Playfield, and beginning conversations of building new facilities like a Japanese Garden, an RC Race Track, Ice Rink, Skate Board Park, new pool and additional ballfield complex. One of the new additions in the early 1990’s was the Centennial Amphitheater at McCosh Park, where the community could hold music concerts and festivals. Between 2002 and 2016, the Parks and Recreation Advisory Committee added and reduced the number of commission members until settling on seven (7) members and two (2) that reside within the Urban Growth Area. In January of 2021, the Museum helped start the process of obtaining a Creative District certification through Arts Washington. The certification which would help fund and provide an urban, walkable area of artistic and creative activities and businesses for downtown Moses Lake. Later that year, (ordinance #2968) the Parks & Recreation Department changed their name to Moses Lake Council Packet 3-22-22, Page 117 of 131 29 | Page Parks, Recreation and Cultural Services Department to provide a better representation of what services the Department provides for the community. In 2019. with support and approval from the Parks and Recreation Advisory Board and City Council the department moved forward with rebuilding the Larson Recreation Center which had been closed since 2014. The new 30,000 square foot building would cost the city around $11.5 million. It would include locker rooms for hockey teams, an indoor walking track, concessions, skate rentals and a warming area, a multi-purpose gym, multi-purpose classrooms, and department office spaces. The project broke ground in April 2021, and should be complete for use in 2022. VISION We aspire to be our community’s leaders in connecting people to people, parks, trails, and programs, while creating a legacy for future generations, and honoring the culture and history of Moses Lake. MISSION The mission of the Parks, Recreation and Cultural Services Department is to provide safe, welcoming parks, healthy recreation, cultural programs and extraordinary services for all. STAFFING AND ORGANIZATION Moses Lake Council Packet 3-22-22, Page 118 of 131 30 | Page Park Maintenance Technicians and Workers, Recreation Supervisors, Recreation Coordinator, Recreation Specialist, Museum Manager, Museum Curator, Communications & Marketing Specialist, Administrative Assistant, and Customer Service Technician. The Department Director and other staff work closely with the Advisory Board, but do not work for them. Staff provide information and are available to answer questions. The staff is required to fairly present recommendations to the Advisory Board and to explain them, but it is not their role to defend them. At times, staff may be required to provide City Council with individual professional recommendations which may or may not coincide with those of the Advisory Board. IMPORTANT PLANNING DOCUMENTS AND RESOURCES The most important documents to become familiar with are the current adopted Parks, Recreation and Open Space Comprehensive Plan and the Capital Improvement Plan. These documents were created as the result of a public planning process and include information on goals and objectives, future park acquisition and development projects, recreation programs, funding, and artistic resources. The City is required to have an adopted plan every six years to remain eligible for a variety of grant sources. BUDGET The Parks, Recreation & Cultural Services Department generally is funded from the General Fund, Capital Fund Budget, and the Public Art Fund. General Fund Budget The Parks, Recreation & Cultural Services Department operations are funded primarily from the City general fund. The general fund is made up of revenue received from property and sales taxes and other fees and charges. There is no specific budget for the Advisory Board. Capital Project Budget Acquisition, construction, or large improvement projects typically have separate budgets which are contained in the capital fund. Large construction projects typically span several years and may utilize a variety of funding sources such as grants, donations, general fund budget allocations or other sources to pay for the project. These funds are put into a separate account specifically for that project. Moses Lake Council Packet 3-22-22, Page 119 of 131 31 | Page MUSEUM & ART CENTER PROGRAMS The City of Moses Lake Museum & Art Center provides free programs like family art events, lectures, films, and gallery openings to the community. We also offer arts and crafts classes at affordable prices. We periodically offer instruction in painting, ceramics, drawing, sculpture, and other fine art methods. The Museum holds classes in traditional craft methods like basket weaving, natural dyes, rug making, and similar techniques. A speaker series features approximately 8-10 lectures per year on contemporary and historical topics. The Museum shows several documentaries and non-documentary films per year in the Civic Center auditorium free of charge. Through our programming we strive to bring art, history, natural history, and culture to residents and visitors. RECREATION PROGRAMS The city coordinates and provides recreation programs and special events for the community in a number of areas including: Programs for persons with special needs, day camps, aquatics, athletics, outdoor recreation, arts, youth recreation, and special events. Through our programming we try to promote healthy lifestyles, community involvement, learning new skills, and having fun. Registration for most programs is done online by visiting the city website. Complete program listings with descriptions may be found in the Recreation Guide and on the city website. PARK AND OPEN SPACE AREAS The City of Moses Lake currently owns and operates 21 park and open space areas and the grounds of a number of public buildings and facilities. There are some areas in the City that are owned by the City, but maintained by others. The Chelan Douglas Land Trust assists with the maintenance of open space areas located in the Wenatchee Foothills. Picnic shelters are available for reservations or on a first come first served basis if not reserved. A complete listing and description of all of the areas are contained in the Comprehensive Plan and also on the City website, parks page. A summary is below: MINI PARKS ACRES Carl T Ahlers Park 0.48 Carpenter Park 1.12 Gillette Park 0.93 Hayden Park 0.52 Juniper Park 0.83 Peninsula Park 1.07 Moses Lake Council Packet 3-22-22, Page 120 of 131 32 | Page Dick Deane Family Historical Park 1.29 Total Mini Parks 7.89 NEIGHBORHOOD PARKS ACRES Crossroads Park 3.08 Harrison K. Dano Park 4.70 Knolls Vista Park 3.01 Laguna Park 4.94 Lakeview Park 3.51 Longview Park (undeveloped) 4.27 Sun Terrace Park (undeveloped) 11.20 Yonezawa Park 4.99 Total Neighborhood Parks 39.70 COMMUNITY PARKS ACRES Cascade Park 34.45 Larson Playfield Complex 19.62 Lower Peninsula Park 23.21 McCosh Park 20.06 Montlake Park 9.24 Paul Lauzier Athletic Complex 35.12 Total Community Parks 141.70 REGIONAL PARK Blue Heron Park 76.68 SPECIAL USE AREAS Basin Homes Park (Dog Park) 9.43 Civic Center Park 3.84 Community Gardens 0.80 Moses Lake Museum & Art Center 0.78 Sinkiuse Square 0.64 Skate Park 0.42 Three Ponds Resource Are (Japanese Garden) 13.78 Total Special Use Areas 36.72 NATURAL OPEN SPACES John E. Calbom Island Park (undeveloped) 6.37 Vehrs Wetland Property 8.07 Total Natural Open Spaces 14.44 Rotary Park Saddle Rock Gateway Crossroads Park Dog Park Moses Lake Council Packet 3-22-22, Page 121 of 131 33 | Page LINEAR PARKS Marina Park 0.86 Neppel Landing* 8.57 Total Linear Spaces 9.43 *Railroad property under maintenance agreement WHY DOES IT TAKE SO LONG TO COMPLETE A PROJECT? It can often take many years to complete a park construction project depending upon the scale and scope and funding of the project. The general steps to construct a project are: The community identifies the need for the project and the project is incorporated into the comprehensive and capital plans. If the project conceptual designs are already in place, then fundraising will begin, if not then, a public design process is undertaken to develop the plan. Large projects are typically funded using a variety of funding sources including State and Federal grants. These grants may take up to two years to compete the approval and application process and once accepted, have their own set of rules and standards that must be adhered to. If the project receives funding, then final engineering must be prepared and bidding laws followed to obtain the services of construction contractors. SOME COMMONLY USED ACRONYMS There are a number of abbreviations that are used: AWC – Association of Washington Cities MRSC – Municipal Research and Services Center WRPA – Washington Recreation and Parks Association RCO – Recreation Conservation Office PROS – Parks, Recreation and Open Space CIP-Capital Improvement Plan RCW – Revised Code of Washington WAC – Washington Administrative Code DOE – Department of Ecology DNR – Department of Natural Resources WWRP – Washington Wildlife and Recreation Program LWCF – Land and Water Conservation Fund SOWA – Special Olympics Washington Hale Park Off Leash Recreation Area Moses Lake Council Packet 3-22-22, Page 122 of 131 RESOLUTION 3891 A RESOLUTION OF THE CITY OF MOSES LAKE CREATING THE RULES OF PROCEDURE FOR PARKS, RECREATION & CULTURAL SERVICES ADVISORY BOARD MEETINGS AND GENERAL GOVERNMENT POLICIES. Recitals: 1. The City of Moses Lake Parks, Recreation & Cultural Services Advisory Board desires that all advisory board meeting be open and responsive to the public. 2. Such meetings should be carried out with efficiency and uniformity in the manner of the advisory board, staff, and public interactive participation. 3. Written rules of procedure best assure an atmosphere conducive to said efficiency and uniformity, and that no member of the advisory board or public need to be embarrassed or uncomfortable in the exercise of his/her right of free expression. 4. The handbook will help guide new and returning board members to perform their public service with a better understanding of what is expected of them. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Moses Lake: 1. This resolution hereby adopts the Parks, Recreation & Cultural Services Advisory Board handbook. ADOPTED by the City Council of the City of Moses Lake, Washington, this 22nd day of March, 2022. ____________________________________ Dean Hankins, Mayor ATTEST: ______________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 3-22-22, Page 123 of 131 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Susan Schwiesow, PRCS Director Date: March 15, 2022 Proceeding Type: New Business Subject: Grant County Chipping Program ILA Legislative History: Financial Impact: • First Presentation: March 22, 2022 Budgeted Amount: • Second Presentation: Unbudgeted Amount: • Action: Motion Total Cost: Overview The brush/chipping program was established in the spring of 2004 with the purchase of a new brush chipper to manage our own trees and to recycle Christmas trees. A curbside recycling program was developed to reduce the amount of yard waste hauled and dumped in our county landfill. Additionally, with changes in the clean air act and restrictions on the burning of tree and shrub trimmings, chipping demands have increased. The program was offered two (2) times per year, once in the spring and once in the fall. In 2015, the program was adjusted to once per year, in the spring only. Today, staff is requesting Council authorize an Interlocal Agreement with Grant County Public Works. They have obtained a Local Solid Waste Financial Assistance grant from the Washington State Department of Ecology and their desire is to award a sub-grant to help fund the 2022 Chipping Program. This grant will help offset the cost of the curbside chipping program provided to the citizens of Moses Lake. Fiscal and Policy Implications N/A Council Packet Attachments A. Interlocal Agreement Moses Lake Council Packet 3-22-22, Page 124 of 131 Page 2 of 2 Finance Committee Review N/A Legal Review Type of Document Title of Document Date Reviewed ILA Chipping Program March 7, 2022 Options Option Results • Authorize ILA Approve the ILA to receive grant funds • Take no action Chipping program will not receive the grant. Action Requested Staff recommends approving the Chipping Program ILA with Grant County Public Works. Moses Lake Council Packet 3-22-22, Page 125 of 131 INTERLOCAL AGREEMENT BETWEEN GRANT COUNTY AND THE CITY OF MOSES LAKE THIS AGREEMENT (“Agreement”) is made and entered into by and between Grant County, Washington (“County”), a political subdivision of the State of Washington, by and through Grant County Public Works, and the City of Moses Lake, Washington (“City”) pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW. WHEREAS, the County has obtained a Local Solid Waste Financial Assistance grant from the Washington State Department of Ecology; and WHEREAS, the County desires to award a sub-grant to help fund the City’s continuing effort to divert woody material from the Ephrata Landfill and; and WHEREAS, the City will offer residential chipping events at curbside to collect woody material for use in city parks one (1) time per year; and WHEREAS, the yearly chipping event will occur over a three-week period; and WHEREAS, the County and the City desire to memorialize the terms and conditions of the Agreement between the parties regarding provision of a sub-grant. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows: AGREEMENTS: 1. GRANT FUNDS, ALLOCATION, AND PAYMENT a. Grant funds provided to the City from the County shall not exceed the amount of Nineteen Thousand Eight Hundred Seventy-Five Dollars and no/100’s ($19,875). Such amount includes reimbursement for labor and equipment costs to chip woody material at curbside and to haul to city parks; and b. The total project cost including the 25 per cent cash match provided by the City is estimated at Twenty-Six Thousand Five Hundred Dollars and no/100’s ($26,500); and c. The County shall reimburse the City 75 per cent of costs associated with the City’s curbside chipping event. The County shall reimburse the City on a quarterly basis after all supporting documentation is provided to the County, to wit: Moses Lake Council Packet 3-22-22, Page 126 of 131 i. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate requirements necessary to carry out the purposes of this Agreement. d. The County shall reimburse eligible expenditures incurred by the City between March 15, 2022, and June 30, 2023; and e. The County shall not reimburse for disposal into the landfill; and f. The City shall compute hourly wages using “Form H” as provided by the Washington State Department of Ecology, and shall send a copy of the completed “Form H” to Grant County Public Works, and g. The City may include a maximum of thirty (30) percent of overhead for wages and benefits in each payment request; and h. The City shall submit a payment request and progress report to the County after each event that the City performs work under this agreement. Each progress report must include the estimated weight of chipped material diverted from the landfill. The payment request and progress report must be submitted to the County no later than fifteen (15) days after the end of each quarter; and i. The City shall provide supporting documentation in support of reimbursement, which includes, but may not be limited to, billings, statements, invoices, and time sheets; and j. For purposes of this Agreement “quarters” shall be defined as follows: i. First quarter from the beginning of January to the end of March; ii. Second quarter from the beginning of April to the end of June; iii. Third quarter from the beginning of July to the end of September; iv. Fourth quarter from the beginning of October to the end of December. k. The City shall, at all times, follow, adhere to, and abide by all Local Solid Waste Financial Assistance grant rules and guidelines set by the Washington State Department of Ecology. 2. TIME OF PERFORMANCE This Agreement runs from March 15, 2022, to June 30, 2023. 3. PERFORMANCE MONITORING The County reserves the right to monitor the performance of the City concerning the chipping events. Such performance monitoring may include tracking project progress, reviewing payment requests for any applicable costs, and/or overseeing compliance with grant requirements. Substandard performance as determined by the County will constitute noncompliance with this Agreement. Moses Lake Council Packet 3-22-22, Page 127 of 131 If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, agreement suspension or termination procedures will be initiated. 4. COMPLIANCE All times material herein, the City will comply with any applicable federal, state, and local laws, regulation, and policies, governing the funds provided under this Agreement. 5. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner as, creating or establishing the relationship of employer/employee between the parties. 6. HOLD HARMLESS The City shall hold harmless, defend, and indemnify the County from any and all claims, actions, suites, charges and judgments whatsoever that arise out of the City’s performance or nonperformance of the services or subject matter called for in this Agreement. 7. AMENDMENTS The City or the County may, upon the agreement of both parties, amend this Agreement at any time provided that such amendments make specific reference to this Agreement, are executed in writing, and signed by a duly authorized representative of each organization. Such amendments shall not invalidate this Agreement or relieve or release the City or the County from its obligations under this Agreement. 8. TERMINATION This Agreement may be terminated by the County upon giving the City thirty (30) days advance notice in writing of its intention to do so. Provided: this Agreement may be terminated by the County upon twenty-four (24) hours written notice to the City if the funds provided under this Agreement are used for an improper purpose. 9. ADMINISTRATIVE REQUIREMENTS The City agrees to comply with all administrative, accounting principles and procedures as may be required by the Washington State Department of Ecology; maintain all records as may be required by the County and/or the Washington State Department of Ecology; and, Moses Lake Council Packet 3-22-22, Page 128 of 131 agrees to utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement shall be retained by the City for a period of six (6) years after any final audit of the County by the Washington State Department of Ecology, unless a longer period is required to resolve any audit findings or litigation. In such cases, the County shall request a longer period of record retention. All CITY records with respect to any matters covered by this Agreement shall be made available to the County, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 10. NOTICES All notices pursuant to this Agreement shall be in writing and shall be transmitted by facsimile or United State Postal Service, postage prepaid. Any such notice is effective upon receipt by the party to whom the notice is directed. Proof of delivery via facsimile shall be sufficient upon showing a receipt of successful transmission produced by the sending facsimile machine and indicating the telephone number to which the transmission was sent, provided that the receipt indicates the transmission was sent to the phone number of the intended recipient. Notices shall be sent to the following addresses unless written notice of a change of address has been given pursuant hereto: To CITY: Susan Schwiesow, Parks, Recreation & Cultural Services Director Moses Lake Parks & Recreation PO Box 1579 Moses Lake, WA 98837 509-764-3810 To COUNTY: Sam Castro, Director Grant County Public Works 124 Enterprise St. SE Ephrata, WA 98823 509-754-6082 11. SEVERABILITY If any term, provision, covenant, or condition of this Agreement should be held by a court of competent jurisdiction to be invalid, void, or Moses Lake Council Packet 3-22-22, Page 129 of 131 unenforceable, the remainder of this Agreement shall continue in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 12. ADMINISTRATION OF AGREEMENT No new or separate legal or administrative entity is created to administer the provisions of this Agreement. This Agreement shall be administered by the City and by Grant County. Issues and/or disputes related to implementation of this Agreement shall be referred to each respective governing authority for resolution. Provided: either party shall be entitled to seek legal remedies including, but not limited to, such remedies as set forth in Chapter 39.34 RCW. 13. ASSIGNMENT Neither party to this Agreement shall be permitted to assign its rights or obligations herein without the advance and express written consent of the other party. 14. APPLICABLE LAW – VENUE This Agreement shall be governed by and interpreted according to the laws of the State of Washington. In the event of any suit or action or other legal proceeding to enforce this Agreement, venue shall be a court of competent jurisdiction in Grant County, Washington. 15. AUTHORITY Each of the undersigned hereby represents and warrants to the other party that they have the authority to execute and carry out the terms of this Agreement. 16. NO WAIVER No failure of the County or the City to insist on the strictest performance of any term of this agreement shall constitute a waiver of any such term or abandonment of this Agreement. 17. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the City and the County for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the County with respect to this Agreement. // Moses Lake Council Packet 3-22-22, Page 130 of 131 lN WITNESS WHEREOF, the City and Grant County have executed this agreement as of the date and year last written below. DATED this of _,2022. BOARD OF COUNTY COMMISSIONERS Danny E. Stone, Chair Rob Jones, Vice Chair Cindy Carter. l\ilember Barbara J. Vasquez, Clerk of the Board GRANT COUNTY PUBLIC WORKS Samuel Castro, Director Date: App ro d As To Form: Rebekah M Kaylor, #53257 Civil Deputy Prosecuting Attorney Date: s/s /zz- Clty of Moses Lake Allison Williams, City Manager Date: Katherine Kennison, City Attorney Date: Attest: Moses Lake Council Packet 3-22-22, Page 131 of 131 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Kevin Fuhr, Police Chief Date: March 21, 2022 Proceeding Type: City Manager’s Report Subject: Photo Enforcement Amnesty Program Extension Legislative History: •First Presentations: May 11, June 22, and September 14, 2021 •Current Presentation: March 22, 2022 •Action: Motion Overview In June of 2020, the Washington State Judicial Ethics Advisory Board issued an opinion finding that a City’s use of an employee to serve as a municipal court clerk creates an ethics violation because there is no separation between the Judicial and Executive branches of government. Finding a solution to this issue has been a slow process and requires the cooperation of the District Court and Grant County. Currently, a draft Interlocal Agreement is being circulated and the parties hope to have a resolution shortly which provides for the City’s use of a District Court Clerk as a municipal court clerk. In the interim, however, municipal court operations have been suspended since June, 2020. As a result, the City has amassed a backlog of more than 530 municipal court citations, many of which are photo enforcement violations. Grant County District Court has expressed a concern with processing the backlog which has prompted the City to explore the opportunities for reducing the backlog. One option was to offer an amnesty program, similar to what other cities have done, which entails offering violators a onetime opportunity to pay off tickets at a reduced rate. Council approved that between June 1, 2020 through June 30, 2021, the City of Moses Lake would offer violators an opportunity to pay a reduced fine (50%) to decrease the number of court appearance requests that have been backlogged during the court shutdown. At the same time, each violator would sign a new Declaration form giving them the opportunity to check one of the three boxes, again with the intent of reducing the number of court appearances. This reduction in fine amounts would not constitute a gifting of public funds as it would be offered equally to every violator and would benefit the City by reducing the backlog of citations while providing some revenue. Upon conferring with our photo enforcement vendor, Redflex, we are advised that all that is required is to notify them of the reduced fine amount so that they can make the adjustments. Council 3-22 Addendum, Page 1 of 13 Page 2 of 2 At the same time, we would also offer waiving any late charges in hopes of getting violators to pay their overdue fines. The goal of offering these incentives would be to generate compliance. Due to the continued uncertain start date of Municipal Court, Council authorized an extension of the program with an ending date of November 30, 2021. The County ILA for Court Services went into effect on January 1, 2022. Redflex was recently bought out by Verra Mobility. The change in ownership has extended the process further as Verra Mobility is working with AOC on an interface in which photo enforcement citations would be electronically transferred to the Court. This process may take several months, therefore we would ask the Council to allow an extension of the amnesty program through June 30, 2022. Fiscal and Policy Implications – N/A Council Packet Attachments – N/A Finance Committee Review – N/A Legal Review – N/A Options Option Results • Authorize as presented Staff will send letter to defendants. • Provide staff with changes Staff will make changes as requested by Council. • Take no action No action will be taken. Action Requested Staff requests Council to reinstate the amnesty program for photo enforcement infractions. Council 3-22 Addendum, Page 2 of 13 Page 1 of 1 STAFF REPORT To: Allison Williams, City Manager From: Susan Schwiesow, Parks, Recreation & Cultural Services Director Date: 03/18/2022 Proceeding Type: Administrative Reports Subject: Sinkiuse Clock Repairs Overview The Sinkiuse Clock was removed by the Parks Maintenance crew for repair and repainting on Tuesday, March 15th. The polycarbonate lenses will also be replaced. The new internal LED lights have been put together and the replacement mechanism has shipped to the clockmaker’s shop. The work is being done by clockmaker George Pease, of Wood Bay Co LLC in Poulsbo, Wash. Once Parks Maintenance staff has completed the work on the clock post and head, the clockmaker will make his final trip to Moses Lake to install the parts in the clock head while it is in the shop. Once complete, Parks Maintenance staff will reinstall the clock downtown. The goal is to have the clock in service by Easter Sunday, April 17th. The work is being done because the motor and gear box are worn out. The City saved about $500 from the repair cost because parts were available on site. Also, an additional $100 was saved by selling back some usable gears to the clock maker. The City made a payment of $3,497 which is 50 percent of the quote. Council 3-22 Addendum, Page 3 of 13 Page 1 of 1 STAFF REPORT To: Allison Williams, City Manager From: Susan Schwiesow, Parks, Recreation & Cultural Services Director Date: 03/18/2022 Proceeding Type: Administrative Reports Subject: Website Redesign Survey Overview Surveys asking for public and employee input about the City’s website redesign are now out. We would love to hear your ideas and suggestions on how we can improve the look, feel and user experience! As you know, the City is eligible for a free redesign through the website vendor. We are in the process of updating content and finding new photos. A public photo contest will start later in the spring once the lake is filled. Council members are welcome to take the survey that was sent to all City emails this week or to visit the City website, www.cityofml.com, or the Moses Lake Municipal Government Facebook page to take the survey as a member of the public. To access the internal survey via email, you must be logged into your Microsoft account. Thank you for your help and support! Council 3-22 Addendum, Page 4 of 13 Page 1 of 4 STAFF REPORT To: Mayor and City Council From: Allison Williams, City Manager Date: March 17, 2022 REC UGA REQUEST OVERVIEW AND RECOMMENDATION At the November 9, 2021 meeting of the City Council, REC representatives attended to request the City Council consider adding lands adjacent to REC into the City’s UGA boundary in order to support their affiliation with a new business unit who would need additional property for expansion connected to and adjacent to REC. City services would be required. Cities are only allowed to amend their overall Comprehensive Plans one time annually. This amendment process requires an application and an analysis of the impacts of the project on the city’s ability to provide services and then ultimately the County determines the City’s Urban Growth Area after City application, analysis and legislative body recommendation. This request put the City in the difficult position of having to say no due to the procedural issue presented and compliance with state law. After the request, and subsequent discussions with the State and the County, it was determined that REC had the ability to apply to the County for an amendment to the City’s Urban Growth Area, with concurrence of the City after review of REC’s application to the County. The County requires completed applications and submittals by end of business, Thursday, March 31 and so the City’s Council meeting on March 22, 2022 is the only opportunity to review and be timely. ATTACHMENTS: REC UGA application to the County REC Letters of Request REQUEST ANALYSIS With the adoption of the City’s updated Comprehensive Plan and recommended Urban Growth Area on November 9, 2021, the City will forward the City’s application for Urban Growth Area revisions to the County with a recommendation to reduce the City’s Urban Growth Area by 721 acres. This is based on a very vigorous analysis which reviewed the City’s land capacity and ability to provide urban services concurrent with development. From the 2012 UGA Guidebook provided by Washington State Growth Management Services, references are made to WAC 365-196-320(4)(f) and RCW 36.70A.030(19)(20): Council 3-22 Addendum, Page 5 of 13 Page 2 of 4 “When considering potential changes to the urban growth area, counties should require that any proposal to expand the urban growth area must include necessary information to demonstrate an ability to provide adequate public facilities to any potential new portions of the urban growth area. GMA Statutes and Washington State Administrative Rules (WACs) require fiscal analysis to determine the costs of capital facilities and to show how capital facilities will be funded for urban growth areas….the planning process must allow for feedback between the Land Use Element and the supporting elements showing that the adopted land use strategy is financially supportable with adequate facilities. This requires identification of levels of service in order to gauge adequacy, a general sense of the location and sizing of needed facilities, estimates of total costs to construct and maintain such facilities and an identification of revenue sources to fund the required facilities for at least the first six years of the plan. Although service area boundaries must be assumed in order to do capital facilities planning, these should not be adopted as final UGA boundaries until appropriate capital facilities planning to support them is complete. “ The analysis described above was utilized for the City’s Comprehensive Plan update and ultimate UGA recommendation. Due to deficiencies identified in the City’s Capital Facilities Plan and associated Utility and Transportation Elements, a more supportable Urban Growth Area was recommended and adopted November 9, 2021 which is a 721 acre reduction to the City’s UGA. The map is the exhibit that will accompany the City’s application to the County based on Council action November 21, 2021. Council 3-22 Addendum, Page 6 of 13 Page 3 of 4 In reviewing the request from REC, the City’s Land Capacity Analysis adopted with the Comprehensive Plan provides guidance for consideration of industrial capacity and it states: “the City should avoid any net increase in UGA acreage, so reductions to the UGA in other areas would be recommended. Additionally, the City could request that Grant County rezone portions of the UGA that are adjacent to industrial areas to create additional industrial capacity.” In addition, the Land Capacity Analysis provides direction for evaluation private requests for UGA expansion: “Private applications to amend UGA boundaries as part of the comprehensive plan update process should be screened and evaluated for potential effects on residential capacity and commercial/industrial development opportunities. Guidelines for review should include: •Applications to expand the UGA should not result in a net increase in UGA acreage. If the City considers expansion in one location, it should pursue an equivalent or greater reduction in area elsewhere. •UGA amendment applications that would increase development opportunities for industrial lands should be prioritized over additional housing in the UGA. •Logical boundaries for service delivery (e.g. water and sewer) should also be considered as a priority. •Areas with existing urban densities that can be served with adequate infrastructure should be prioritized over areas that do not have urban or partially developed patterns and that lack the ability to be served during the planning period (See RCW 36.70A.110(3)). •Applications considered as a part of the comprehensive plan update process should be those whose land use and/or environmental impacts can be adequately analyzed and mitigated at a programmatic level (e.g Determination of Non-Significance) and would not require a dedicated SEPA process. •Proposed changes to land use should be generally compatible with surrounding land uses and have adequate public infrastructure to serve the proposed use.” The November 9, 2021 adopted recommendation for the City’s Urban Growth area reduces the overall size of the UGA by 721 acres. REC’s request is to add 163 acres to the City’s Urban Growth Area for a bird in hand industrial business expansion in an area that is already served by City utilities and heavy industrial uses. The outlined 144 acre parcel and the additional parcel pictured below are zoned as Resource Lands -Agricultural. The County would need to evaluate if conditions have changed for this designation upon review of the REC application. Council 3-22 Addendum, Page 7 of 13 Page 4 of 4 REC relayed to City staff that there are suitable lands available to mitigate and be designated for replacement ag lands. In the County’s application Question 14: The applicant needs to “demonstrate the following: A change in circumstances pertaining to the comprehensive plan; or a change in circumstances beyond the control of the property owner pertaining to the subject site, or an error in initial designation, or new (updated information the resource land or critical area status.” Goal UR-5 in the County’s Comprehensive Plan states “The UGA boundary amendments encourage prudent infrastructure investment and compatible businesses complementary to the community of Moses Lake and County.” In this case, City staff have reviewed the infrastructure needs of the proposed user. This is in an area that is served by City police, fire, water and sewer. The City’s Capital Facilities Plan identifies a needed sewer project to serve the area and bypass the City’s COF. The cost of the project would be derived through conditions on the project, industrial utility rates and potential grant funding (bird in hand industry). City staff is in receipt of a Purchase Option that identifies REC control of the 144 acre property being requested for inclusion in the UGA. Both properties identified are owned by the same property owner and in the purchase option there is a statement of cooperation to have REC act as the property owner’s agent in applying for the inclusion of the properties into the City’s UGA. City Council request: A motion to support the application of REC to Grant County to add 163 acres into the City’s Urban Growth Area. In supporting the motion, the City Council may find: • The City’s Comprehensive Plan, adopted November 21, 2022 recommended a reduction of the City’s UGA by 721 acres in order to allow the City to more appropriately service the growth of the City based on the Buildable Lands Analysis adopted with the Comprehensive Plan. • The City’s Buildable Lands Analysis that supports the City’s Comprehensive Plan recommends consideration of applications that do not provide a net increase in the City’s Urban Growth Area. • The City’s Buildable Lands Analysis identifies that UGA amendment applications that would increase development opportunities for industrial lands should be prioritized over additional housing in the UGA. • The City’s Buildable Lands Analysis provides direction that changes to land use should be generally compatible with surrounding land uses and have adequate public infrastructure to serve the proposed use. • The area is served by City urban services and the needed sewer upgrades are in the City’s Capital Facilities Plan adopted as a part of the City’s newly adopted Comprehensive Plan. • The surrounding City Zoning is Industrial. • The Application is consistent with RCW 36.70A and the City’s newly adopted Comprehensive Plan, contingent on County action to provide for Urban Growth Area amendments proposed in the City application. Council 3-22 Addendum, Page 8 of 13 Council 3-22 Addendum, Page 9 of 13 Council 3-22 Addendum, Page 10 of 13 Council 3-22 Addendum, Page 11 of 13 Council 3-22 Addendum, Page 12 of 13 Council 3-22 Addendum, Page 13 of 13