FINAL 2022 0426 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.
Tuesday, April 26, 2022
Moses Lake Civic Center – 401 S. Balsam or remote access
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
-Armed Services Recognition
-Big Bend Community College Women’s Wrestling Proclamation
- Skate Park Improvements Dedication Wednesday, May 4 at 12:30 p.m.
-Mayor’s Prayer Breakfast Tuesday, May 3 at 7 a.m.
- Conversations with the Mayor 4/28 at 11:30 a.m.
Additional Business
City Manager’s Report
-Employee New Hire Introductions
-Fire Inspector Badging and Officer Certifications
- Creative District Certification by ARTS WA
- Assistant City Manager Recruitment Moses Lake Council Packet 4-26-22, Page 1 of 245
April 26, 2022, City Council Meeting Page 2 _________________
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.
#1 pg 4
a.City Council Meeting Minutes Dated April 12, 2022
b.Claims and Payroll
c.Lakemont Plat PURD Ordinance 3004
d.Windy St. Sewer Improvements Resolution 3898
e.Biosolids Application Project Acceptance
f.Software Evaluation Contract
g.Airport Fuel Storage for 2022 Budget
h.WA Cities Opioid Settlement MOU
i.Stratford Rd. Completion and Settlement Agreement
Old Business
#2
Motion
pg 223
Perteet Contract Amendments
Presented by Allison Williams, City Manager
Summary: Council to review and consider approval
New Business
#4 Motion
#5
Motion
#6
Motion
pg 230
Longview & Kinder Reconstruction Award
Presented by Richard Law, City Engineer
Summary: Council to review and consider approval
pg 233
Complete Streets Grant Award
Presented by Richard Law, City Engineer
Summary: Council to review and consider approval
pg 241
Presented by Lee Creiglow, Interim Community Development Director
Summary: Council to review and consider approval
Administrative Reports
Platting Deemed Insufficient - Serrato
-Grant County Community Coalition 2022 First Quarter Report pg 244
-Public Records Annual Report pg 245
Moses Lake Council Packet 4-26-22, Page 2 of 245
#3 pg 246 (Packet Addendum)
Airport Commission Operating Policy Discussion
Presented by Allison Williams, City Manager
April 26, 2022, City Council Meeting Page 3 _________________
Council Committee Reports
Adjournment
Next Regular Council Meeting is scheduled for May 10, 2022
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: 83652426280. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
Moses Lake Council Packet 4-26-22, Page 3 of 245
MOSES LAKE CITY COUNCIL April 12, 2022
CALL TO ORDER
Council met in closed session to discuss labor relations prior to the meeting. The regular meeting of the Moses Lake City Council was called to order at 6:30 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; Council Members Fancher, Eck, Martinez, Swartz, and Madewell. Deputy Mayor Myers attended remotely.
PLEDGE OF ALLEGIANCE
Community member Larry Wheat led the Flag Salute. AGENDA APPROVAL
Action taken: Council Member Eck moved to approve the Agenda as presented, second by
Council Member Swartz. The motion carried 7 – 0.
SUMMARY REPORTS MAYOR’S REPORT
Honoring Ukraine
Mayor Hankins asked everyone to keep the citizens of Ukraine in their thoughts and prayers as they continue to mourn from lives lost from the Russian attacks. CITY MANAGER’S REPORT
Employee Promotions and New Hires
Omar Ramirez, Rudy Valdez, and Josh Buescher took Oaths of Office for their promotions to Police Corporals. Scott Myers transferred from Street and Stormwater Supervisor to Engineering Tech 3. New hire Trisha Kehret was introduced as the Engineering Administrative Assistant. An introduction was given of the new Community
Development Director, Kirsten Sackett, who starts on May 2.
Aspect Consulting Water Rights Change Orders Consultant Dan Haller provided an update on their work acquiring water rights, irrigation water research, application to be filed with Department of Ecology for an Aquifer Storage
and Recovery project, and use of Municipal and Industrial water.
Action taken: Council Member Fancher moved to approve the change orders as presented, second by Council Member Eck. The motion carried 7 – 0.
Letter of Support to Grant County Re: REC UGA
A letter of support was sent for the REC application submitted directly to Grant County to add 163 acres to the Urban Growth Area. A second letter is directed to the Interim Development Services Director that also outlines the City’s request to REC application approval being subject to and contingent upon several pre-annexation agreements and a
Moses Lake Council Packet 4-26-22, Page 4 of 245
CITY COUNCIL MINUTES – April 12, 2022
pg. 2
commitment to remove the property should it fail to develop pursuant to the agreements. Action taken: Council Member Eck moved to approve the letter as presented, second by Council
Member Martinez. The motion carried 7 – 0. Letters of Support to Port of Moses Lake and Grant County Re: Conservation District City Manager Allison Williams drafted a letter for the City to support other agencies Federal Funding Application requests.
Federal Funding Application Resolution 3896 A resolution of the governing body is recommended to be included in funding requests. The resolution contains language consistent with the individual motions by Council during the March 30 Study Session.
Action taken: Mayor Hankins moved to adopt Resolution 3896 as presented, second by Council Member Swartz. The motion carried 7 – 0. PUBLIC HEARING
#1 Interim Wireless Regulations MLMC Ordinance 3002
This ordinance adopts 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, enters findings in support of adopting interim regulations, establishes a work program for permanent
regulations, and declares an emergency. Mayor Hankins opened the hearing at 6:50 p.m.
No written comments or requests to speak were received and the hearing was closed. Action taken: Council Member Eck moved to adopt Ordinance 3002 as presented, second by Council Member Martinez. The motion carried 7 – 0.
CONSENT AGENDA #2 a. City Council meeting minutes dated March 22 and 30, 2022 b. Claim ACH 142-148 in the amount of $273,477.38; Claim Checks 155617 – 155825 in the amount of $1,181,907.26; Payroll Checks 64218 through 64247 in
the amount of $7,733.06; and Electronic Payments dated 3/4, 3/18, and 4/1/2022 in the amount of $1,432,149.71. c. Purchasing Policy Amendment Resolution 3890 d. Sagecrest Phase 1-3 Water-Sewer Improvements Resolution 3893
e. Love’s Short Plat Resolution 3894
f. BMX Track Project Resolution 3895 g. Axon Body Cam Agreement Renewal h. Well 34 Development Change Order 1
Action taken: Council Member Eck moved to approve the Consent Agenda as presented, second
by Mayor Hankins. The motion carried 7 – 0.
Moses Lake Council Packet 4-26-22, Page 5 of 245
CITY COUNCIL MINUTES – April 12, 2022
pg. 3
OLD BUSINESS #3 Municipal Airport Business Ordinance 3003
Municipal Services Director Dave Bren reviewed the revised options for development of an Airpark with staff’s recommendation for a public airport or private agreement. Mayor Hankins provided Council with suggested changes for the proposed ordinance related to special terms and appointment of Airport Commissioners as well as some of the specific duties, a proposed budget, and information on the proposed fuel tank purchase. Council
concurred on the proposed changes and requested to add a statement in the ordinance that there will be a second ordinance presented that describes specific responsibilities for the Commission. Airport Board Member Darrin Jackson provided a brief history of maintenance costs over the past few decades.
Action taken: Mayor Hankins moved to adopt Ordinance 3003 as amended, second by Council
Member Eck. The motion carried 7 – 0. #4 Municipal Airport Fuel System Purchase Council accepted a low interest WSDOT CARB loan in the amount of $175k on November 24, 2020. Five bids were received for the fuel system project and rejected on
October 12, 2021, as requested by the Airport Board since the apparent low bid far exceeded a feasible budget. A purchase of a used fuel system was presented. The Airport Commission can then determine the route for placement, installation and operation..
Action taken: Council Member Eck moved to purchase the Municipal Airport Fuel System as presented, second by Council Member Swartz. The motion carried 7 – 0.
NEW BUSINESS
#5 Hazardous Material Regional Response ILA The City of Moses Lake Fire Department has teamed up with Chelan County Fire Protection District No. 1, Douglas County Fire Protection District No. 2, Chelan County
Fire Protection District No. 7 to create a non-profit board to provide Regional HazMat Response to Chelan, Douglas, Grant, and Okanogan Counties.
Action taken: Council Member Fancher moved to approve the Hazardous Materials Regional Response ILA as presented, second by Council Member Swartz. The motion carried 7 – 0. #6 Police Labor Contract The labor agreement between the City of Moses Lake and the Moses Lake Police Officer’s Guild bargaining unit expired on December 31, 2021. The parties were able to work through a collective bargaining process and have agreed on terms for a four-year
agreement.
Action taken: Mayor Hankins moved to approve the labor contract as presented, second by Council Member Martinez. The motion carried 7 – 0. #7 6479 Road 3 NE Water and Sewer Connection Request (Morales)
Gerardo and Ignacio Morales request approval to connect to the City’s water and sewer
Moses Lake Council Packet 4-26-22, Page 6 of 245
CITY COUNCIL MINUTES – April 12, 2022
pg. 4
systems to serve parcel #170751000. Staff reviewed the draft ETA Policy update classifications (this request is a Class 2 – Short Extension), consideration to update fee schedule for new connections, waiving fee for transferred water rights, and the addition
of a $500 application fee to recover administrative costs. Action taken: Council Member Fancher moved to approve the request to connect to City water and sewer at 6479 Road 3 NE with an extraterritorial agreement as presented, second by Council Member Martinez. The motion carried 7 – 0.
#8 851 NE Easy Street Water Connection Request (Earl) Isaac and Linh Earl request approval to connect to the City’s water system to serve parcel # 120956055, also a Class 2 Short Extension.
Action taken: Council Member Fancher moved to approve the request to connect to City water at
851 NE Easy Street with an extraterritorial agreement as presented, second by Council Member Swartz. The motion carried 7 – 0. #9 Advisory Council on Housing Appointments Applications were reviewed by the Council Ad Hoc Homelessness Committee. The
following Community Members were recommended for appointment: Non-profit Jeremy
Lopez, Landlord Rich Makela, Real Estate Heather Adkinson, Business Owner Chera Anderson, Developer Deborah Flagan, and Community Member David Curnel. Council Member Dustin Swartz and City Manager Allison Williams will represent City positions with staff support from Housing Coordinator Cari Cortez. The Planning Commission
will appoint one of their members to the Advisory Council on Thursday.
Action taken: Mayor Hankins moved to authorize the appointments as presented, second by Council Member Martinez. The motion carried 7 – 0.
ADMINISTRATIVE REPORTS
Community Development Project List The Community Development project list was provided in the Council Packet.
Permit Center Remodel Completion The Permit Center remodel has been completed. Special thanks were given to Building
Maintenance staff for their hard work accomplishing the project without having to close the building to the public during regular business hours. AWC Committee Appointment
City Manager Allison Williams has been appointed to the Association of Washington
Cities (AWC) Legislative Priorities Committee. This committee meets multiple times per year to recommend priority legislation to the AWC Board of Directors. Mae Valley Road and Yonezawa Boulevard Studies
WSDOT and City staff met to discuss alternative options to improve anticipated impacts
for traffic. For Yonezawa, the need will be a roundabout. Both agencies are working to find funding and get the design underway.
Moses Lake Council Packet 4-26-22, Page 7 of 245
CITY COUNCIL MINUTES – April 12, 2022
pg. 5
Parks Comprehensive Plan A letter of approval has been received from the Recreation and Conservation Office accepting the Parks Comprehensive Plan. Thanks were given to Parks, Recreation, and
Cultural Services (PRSC) Director Susan Schwiesow and her team for their work.
Utility Billing Statement Correction A residential customer was overcharged, and staff immediately corrected upon learning of the error. The City will reimburse any bank fees incurred by the customer. Staff
advised after the meeting that no fees have been reported for a reimbursement.
Larson Recreation Center Construction Staff anticipates receiving a certificate of occupancy by mid-October, followed by a few weeks to install office and exercise equipment, the facility could be open by the end of
October. Staff has asked for a safe time when Council can tour.
COUNCIL COMMITTEE REPORTS
Council Member Martinez attended the Finance Committee meeting earlier today and inquired about providing the Parks, Recreation, and Cultural Services scholarship application in
additional languages.
EXECUTIVE SESSION
Mayor Hankins called an executive session at 7:55 p.m. pursuant to RCW 42.30.110 (1)(i) to discuss potential litigation with Council, City Manager Allison Williams and City Attorney
Katherine Kenison for 45 minutes, and there will be no further business to follow. Mayor
Hankins extended the Executive Session twice for a total period of 1 hour and 20 minutes. ADJOURNMENT
The regular meeting was adjourned at 9:15 p.m.
______________________________________ Dean Hankins, Mayor
ATTEST____________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 4-26-22, Page 8 of 245
To: Allison Williams, City Manager
From: Madeline Prentice, Finance Director
Council Meeting Date: April 26, 2022
Proceeding Type: Consent Agenda
Subject: Disbursement Report since April 12, 2022, Council Meeting
The following amounts were budgeted and sufficient funds were available to cover these payments:
Electronic Transfer 149 $ 2,925.83 Checks 155826 – 155969 $ 1,961,185.15 Payroll Checks 64248 - 64263 $ 4,878.28 Electronic Payments Payroll ACH 4/15/2022 $ 482,311.13
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 4-26-22, Page 9 of 245
Moses Lake Council Packet 4-26-22, Page 10 of 245
Moses Lake Council Packet 4-26-22, Page 11 of 245
Moses Lake Council Packet 4-26-22, Page 12 of 245
Moses Lake Council Packet 4-26-22, Page 13 of 245
Page 1 of 3
STAFF REPORT
To: Allison Williams, City Manager
From: Lee Creiglow, Interim Community Development Director
Date: April 20, 2022
Proceeding Type: New Business
Subject: Lakemont Planned Development District Ordinance
Overview
A Planned Unit Development is both a type of development and a regulatory process. Individual
definitions can vary greatly depending on the community or jurisdiction and its goals. The purpose
of the planned development district ordinance is to allow some flexibility in the design of clustered
residential, commercial, or industrial uses with sufficient and appropriate collective open space or
a mixture of such uses by permitting specific modifications of the bulk and use regulations and
performance standards of the underlying zone(s) as applied to a particular parcel of land. A
planned development district is a floating district. Each approved planned development district is
superimposed on the underlying zone to the extent that the planned development district shall
modify and supersede the bulk and use regulations and performance standards of the underlying
zone.
In approving a Planned Development District, the City Council shall find that the Development will:
1.Encourage flexibility in design and development that will result in a more efficient and desirable
use of the land.
2.Permit flexibility of design, placement of buildings, use of required open spaces, circulation
facilities, open spaces, off-street parking areas, and otherwise to better utilize the potentials of the
site characterized by special features such as but not limited to geography, topography, or shape.
3.Provide for maximum efficiency in the layout of streets, utilities, and other public
improvements.
4.Produce an integrated or balanced development of mutually supportive uses that might be
otherwise inharmonious or incongruous.
Legislative History: Financial Impact:
•First Presentation: April 26, 2022 Budgeted Amount: n/a
•Second Presentation: Unbudgeted Amount:
•Action: Motion Total Cost:
Moses Lake Council Packet 4-26-22, Page 14 of 245
Page 2 of 3
The Moses Lake Hearing Examiner reviewed the Preliminary Major Subdivision and Planned
Development District at a public hearing on March 23, 2022. Based upon Findings of Fact and
Conclusions of Law, he recommended approval of the PDD with conditions, and that Council adopt
an ordinance approving the project. See Attachment A, Ordinance 3004, that includes attachment
of the Hearing Examiner’s recommendation.
Fiscal and Policy Implications
Shoreline property will be dedicated to the City and added to the City’s maintenance schedule.
Council Packet Attachments
A. Ordinance No. 3004
B. Hearing Examiner Recommendations
C. Public Hearing Staff Report and Exhibits
Finance Committee Review
N/A
Legal Review
Type of Document Title of Document Date Reviewed
Ordinance
Options
Option Results
•Adopt Ordinance as recommended by
the Hearings Examiner
The development can move forward as
conditioned
•Deny the Ordinance The development does not move forward.
•Remand to the Hearing Examiner Hearing Examiner can reconsider his decision.
•Take no action The development does not move forward.
Action Requested
Moses Lake Council Packet 4-26-22, Page 15 of 245
Page 3 of 3
Staff recommends City Council adopt the ordinance that includes the following recommendations
from the Hearings Examiner:
1) Hearing Examiner’s recommendation and Conditions of Approval for the Lakemont
Planned Development District.
2) Hearing Examiner’s recommendation for deviations for the Lakemont Preliminary
Major Subdivision as follows:
1. Deviations to Block Lengths, exceeding the 660 feet from intersection to
intersection.
1.1 Recommendation: Approval.
2. Deviation and/or city cost share for street improvements to West Burke
Drive.
2.1 Recommendation: Denial.
3. Deviation and/or city cost share for extension of S. James Ave. from
Beaumont Dr. as shown on the Lakemont Preliminary Plat through to the
existing terminus of S. James St at the C. Kile Major Plat.
3.1 Recommendation: Denial.
4. Deviation and/or city cost share for extension of S. Bailey Avenue from
Beaumont Dr. as shown on the Lakemont Preliminary Plat to the terminus
of S. Bailey Ave. at the C. Kile Major Plat.
4.1 Recommendation: Denial.
5. Deviation and city cost share for the half width street improvements to S.
Eastlake Dr.
5.1 Recommendation: Denial.
Moses Lake Council Packet 4-26-22, Page 16 of 245
ORDINANCE 3004
AN ORDINANCE CREATING A PLANNED DEVELOPMENT DISTRICT OF MOSES LAKE PURSUANT TO MOSES LAKE MUNICIPAL CODE 18.67 Recitals:
1. The purpose of the planned development district ordinance is to allow some flexibility in the design of clustered residential, commercial, or industrial uses with sufficient and appropriate collective open space or a mixture of such uses by permitting specific modifications of the bulk and use regulations and performance standards of the underlying
zone(s) as applied to a particular parcel of land. A planned development district is a
floating district. Each approved planned development district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations and performance standards of the underlying zone.
2. A planned development district is a floating district. Each approved planned development
district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations and performance standards of the underlying zone.
3. A planned development district encourages flexibility in design and development that will
result in a more efficient and desirable use of the land. 4. Whereas, a planned development district permits flexibility of design, placement of buildings, use of required open spaces, circulation facilities, open spaces, off-street
parking areas, and otherwise to better utilize the potentials of the site characterized by
special features such as but not limited to geography, topography, or shape. 5. A planned development district provides for maximum efficiency in the layout of streets, utilities, and other public improvements.
6. A planned development district produces an integrated or balanced development of mutually supportive uses that might be otherwise inharmonious or incongruous. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. The following described property shall be permitted to develop as Lakemont Planned Development District, as described in Legal Description Exhibit A and shall be named Lakemont Planned Unit Development as recorded with the Grant County Auditor.
NE1/4 Sec 27, Twn 19 N, Rng 28 E, WM, Except the North 1,300 feet, recorded plats, and tax numbers
Moses Lake Council Packet 4-26-22, Page 17 of 245
Section 2. Lakemont PUD is a 98-lot single family residential development on twenty-five acres. Shoreline property will be dedicated to the City as open space.
Section 3. The Lakemont PUD is located within the R-1 Residential zone. The zone is modified as follows:
A.Minimum lot sizes from 7,000 sf to 5,111 sf
B.Minimum corner lot size from 7,700 sf to 5,000 sf
C.Minimum lot width from 65 ft to 50 ft with corresponding 3.1 length to width ratio.D.Minimum corner lot width from 70' to 50' with corresponding 3:1 length to widthratio.E.Minimum lot length from 100' to allow lesser lot length (depth) with corresponding 3:
1 length to width ratio.
F.Reduce the exterior side yard setback to 10 '.G.The development shall be constructed essentially as conditioned and presented to theHearing Examiner and City Council.
Section 4. PIA, LLC or their successor, in interest shall be bound to the uses and modifications
specified in this ordinance. Development rights are conferred upon the applicant or applicant’s successor in interest upon the submission and approval of a final planned development district application and map(s). Approval for the applicant to proceed with construction shall be contingent upon receipt and approval by the City Council
of a final planned development district application and map(s) as recommended by
the Hearings Examiner in Exhibits B and C.
Section 5. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of
the ordinance shall be deemed to be invalid, but rather, should be deemed to have
been enacted independently and without regard to the section affected.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on April 26, 2022.
_____________________________________
Dean Hankins, Mayor
ATTEST:
________________________________ Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________ Katherine L. Kenison, City Attorney
Moses Lake Council Packet 4-26-22, Page 18 of 245
Martinez Swartz Myers Fancher Madewell Eck Hankins
Vote:
Date Published: May 2, 2022
Date Effective: May 7, 2022
EXHIBIT “A”
LEGAL DESCRIPTION
The Northeast quarter of Section 27, Township 19 North, Range 28 East, W.M., Grant County, Washington,
EXCEPT the North 1,300 feet thereof
AND EXCEPT Chicago, Milwaukee, St. Paul and Pacific Railway right of way as conveyed by Deed recorded under Auditor’s File No.
13604, in Volume 12 of Deeds, Page 171, records of Grant County, Washington.
Moses Lake Council Packet 4-26-22, Page 19 of 245
AND EXCEPT Humphrey Addition, Moses Lake, as per plat thereof
recorded in Volume 7 of Plats, Page 71, records of Grant County, Washington.
AND EXCEPT Humphrey Addition Plat Alteration of Lots 4-11, as per
plat thereof recorded in Volume 14 of Plats, pages 52-53, records of Grant County, Washington.
AND EXCEPT Municipal Tract No. 1, Moses Lake, as per plat thereof recorded in Volume 7 of Plats, Page 81, records of Grant County, Washington.
AND EXCEPT Beginning at the Northwest corner of Lot 15 of said Humphrey Addition, thence South 0°00'36" East 120 feet; thence
South 89°59'24' West (equals North 89°57'51" West on Montlake Addition No. 1, Moses Lake, as per plat recorded in Volume 5 of Plats, page 45, records of Grant County, Washington, ) a distance
of 89.90 feet to the Easterly line of Beaumont Drive; thence Northerly, on the Easterly line of said Beaumont Drive extended
on a curve to the left with a radius of 1,216.34 feet, a distance of 120.44 feet; thence North 89°59'24" East 80 feet to the True Point of Beginning.
AND EXCEPT that portion of the Southeast quarter of the Northeast quarter of Section 27, Township 19 North, Range 28 East, W.M.,
records of Grant County, Washington, described as follows:
Beginning at the Northeast corner of the plat of Humphrey Addition, as per plat recorded in Volume 7 of Plats, records of Grant County, Washington, thence North 89°49'30" West, a distance of 30 feet, to the True Point of Beginning; thence North
89°49'30" West, 121.25 feet, thence North
66°11'30" West, a distance of 121.25 feet; thence North 23°48'30" East, a distance of 40 feet; thence South 66°11'30" East, a distance of 112.88 feet; thence South 89°49'30" East, a distance of 112.88 feet to a point which is 30 feet from the East line of
Section 27; thence South 0°10'30" West, a distance of 40 feet to the True Point of Beginning.
AND EXCEPT The Crossing Short Plat, according to the plat thereof recorded in Volume 19 of Short Plats, Pages 95-97, records of
Grant County, Washington.
AND EXCEPT a tract of land in the South half of the Northeast quarter of Section 27, Township 19 North, Range 28 East, W.M., Grant County, Washington, more fully described as follows:
Commencing at the East quarter corner of said Section 27, a
Moses Lake Council Packet 4-26-22, Page 20 of 245
U.S.B.R. brass cap in monument case, from which point the
Northeast corner of said Section 27, U.S.B.R. brass cap in monument case, bears North 00°10’30” East, a distance of 2,647.23 feet; thence South 89°59’50” West, a distance of 1,085.83 feet to
a point on the West right-of-way of the Chicago Milwaukee Railroad right-of-way And the Northeast corner of the Montlake
Park Plat filed under Book 13 of Plats, Pages 46, 47 and 48, Records of Grant County, said point is on a 904.94 foot radius right-of-way curve concave to the West, a line to the center of
said curve bears North 79°47’21” West, said point being the true point of beginning; thence Northerly along the arc of said
railroad right-of-way curve to the left through a central angle of 17°43’51”, a distance of 280.04 feet to the cusp of a 430.00 foot radius curve concave to the West, the center of said curve
bears South 82°28’48” West; thence Southerly along the arc of said curve to the right through a central angle of 31°08’11”, a
distance of 233.68 feet to the beginning of a 320.00 foot radius reverse curve; thence along the arc of said curve through a central angle of 03°22’07”, a distance of 18.81 feet to a point hereafter known as Point “A”; thence North 69°45’08” West on the prolongation of a radial line a distance of 104.36 feet; thence
South 89°51’34” West, a distance of 230.00 feet, more or less, to a Point “B” on the shoreline of Moses Lake; Returning to the True Point of Beginning; thence South 89°59’50” West along the North boundary of said Montlake Park Plat, a distance of 363 feet, more or less, to the shoreline of Moses Lake; thence Northerly along
the shoreline of Moses Lake to Point “B” to the true point of beginning.
AND EXCEPT
Power Pointe 1 Major Plat, according to the plat thereof recorded in Volume 26 of Plats, Pages 75-78, records of Grant County,
Washington.
Moses Lake Council Packet 4-26-22, Page 21 of 245
Moses Lake Council Packet 4-26-22, Page 22 of 245
Moses Lake Council Packet 4-26-22, Page 23 of 245
Moses Lake Council Packet 4-26-22, Page 24 of 245
Moses Lake Council Packet 4-26-22, Page 25 of 245
Moses Lake Council Packet 4-26-22, Page 26 of 245
Moses Lake Council Packet 4-26-22, Page 27 of 245
Moses Lake Council Packet 4-26-22, Page 28 of 245
Moses Lake Council Packet 4-26-22, Page 29 of 245
Moses Lake Council Packet 4-26-22, Page 30 of 245
Moses Lake Council Packet 4-26-22, Page 31 of 245
Moses Lake Council Packet 4-26-22, Page 32 of 245
Moses Lake Council Packet 4-26-22, Page 33 of 245
Moses Lake Council Packet 4-26-22, Page 34 of 245
Moses Lake Council Packet 4-26-22, Page 35 of 245
Moses Lake Council Packet 4-26-22, Page 36 of 245
Moses Lake Council Packet 4-26-22, Page 37 of 245
Moses Lake Council Packet 4-26-22, Page 38 of 245
Moses Lake Council Packet 4-26-22, Page 39 of 245
Moses Lake Council Packet 4-26-22, Page 40 of 245
Moses Lake Council Packet 4-26-22, Page 41 of 245
Moses Lake Council Packet 4-26-22, Page 42 of 245
Moses Lake Council Packet 4-26-22, Page 43 of 245
Moses Lake Council Packet 4-26-22, Page 44 of 245
Moses Lake Council Packet 4-26-22, Page 45 of 245
Moses Lake Council Packet 4-26-22, Page 46 of 245
Moses Lake Council Packet 4-26-22, Page 47 of 245
Moses Lake Council Packet 4-26-22, Page 48 of 245
Moses Lake Council Packet 4-26-22, Page 49 of 245
Moses Lake Council Packet 4-26-22, Page 50 of 245
Moses Lake Council Packet 4-26-22, Page 51 of 245
Moses Lake Council Packet 4-26-22, Page 52 of 245
Moses Lake Council Packet 4-26-22, Page 53 of 245
February 28, 2022
TO:Andrew Kottkamp, Moses Lake Hearing Examiner
SUBJECT: Staff Report PLN2021-0048 and 0049
Lakemont Preliminary Major Subdivision and
Planned Development District
Assessor # 110052000
MOSES LAKE
PROPONENT: PIA, LLC
Kim Foster
1600 Lind Ave SW, Ste 220
Renton WA 98065
OWNER: PIA, LLC
1600 Lind Ave SW, Ste 220
Renton WA 98065
I. GENERAL INFORMATION
Requested Action: The City of Moses Lake Community Development Department received an
application for a Preliminary Major Subdivision and Preliminary Planned Development District (PDD).
The proposal is to develop 98 single family residential lots on twenty-five acres. The Moses Lake
Municipal Code (MLMC) vests the Hearing Examiner the authority to approve, condition, or deny
Preliminary Major Subdivisions, and vests the City Council with authority to approve, condition, or deny
Preliminary PDDs upon recommendation from the Hearing Examiner and adoption of an ordinance. The
applicant has requested deviations from the development requirements under Title 17. The deviations
to the requirements of MLMC Title 17 may be approved, denied, or conditioned by the City Council upon
a recommendation from the Hearing Examiner. The PDD approval allows for the flexibility and
modification of the bulk and use regulations and performance standards of the underlying zone,
separate approval (such as a variance) is not required.
Overview:
Application Name and Number: Lakemont Planned Development District PLN2021-0048 and Preliminary
Major Subdivision PLN2021-0049
Application type: Environmental Checklist, Preliminary Major Plat, Planned Development District
Zoning: Rl Single-Family Residential
Location: The property is located between S Beaumont Dr. and Eastlake Dr.
Parcel: 110052000
Application Procedures/History
Pre-Application Conference
Application Received
Date Determined Complete
Date
January 19, 2021
August 13, 2021
September 23, 2021
Moses Lake Council Packet 4-26-22, Page 54 of 245
Lakemont PDD
Public Hearing
3/23/22
Notice of Complete
Notice of Application
Agency Comments Due
Revised MDNS
Newspaper Publication
Site Posting
Neighbor Notifications Mailed
Hearing Examiner Public hearing
January 6, 2022
January 6, 2022
January 27, 2022
February 22, 2022
February 28,2022
March 1, 2022
March 8, 2022
March 23, 2022
II. SITE INFORMATION
Future Land Use
The Future Land Use Designation for the subject property is Low Density Residential. The Future
Land Use Designations for surrounding properties are also Low Density Residential, with High
Density Residential to the east.:
Fiiluio land Use 2onltu)
Pateil
8 Gerera'Comme+i:ial
ffi Ds.i'nto'.yn
ffl Pa-ki&QpenSpeco
Poit of t.'o:ov Like
ffl R3 IAULTI FAMIIY RESIDENTIA
r T 8USINESS PAR
li llG+lT IIIDUSTRIAI
W HlHEAWlNDUiTRlalk
§ +.ir INDUSTRIAI. PAR
g kl LIGHT INDUSTRIAI ORD 2216
P PUBLIC
Zoning
The subject property is zoned Rl-Single Family Residential. The surrounding properties are also
zoned as Rl-Single Family Residential, and R3-Multi Family to the east.
SiteCharacteristics:
The Geotechnical Evaluation provided by the applicant describes the site as
Page 2 of 19
Moses Lake Council Packet 4-26-22, Page 55 of 245
Lakemont PDD
Public Hearing
3/23/22
... generally, level on the western half of the development and moderately sloping on the eastern
half, with measured inclinations of about 10 degrees (18 percent.) There are several mounds and
ravines that appear to be the result of previous efforts to grade roads through the site. The lot is
bordered by South Beaumont Drive and Power Point Park to the west, South Eastlake Drive to the
east, and north and south of single-family residences to the north and south. The slopes were
generally covered in vegetation consisting of grass and brush."
Current Uses
The site is currently vacant and covered with grasses. Surrounding uses are as follows:
North-Residential
East- Vacant/Residential
South- Residential
West- Residential
Page 3 of 19
Moses Lake Council Packet 4-26-22, Page 56 of 245
Lakemont PDD
Public Hearing
3/23/22
Ill. PRELIMINARY MAJOR PLAT APPLICATION REQUIREMENTS (MLMC 17.12.030)
ReviewPreliminary Major Plat Requirements
MLMC 17.03.060 Assignment of Water Rights for Subdivision
A. As a condition for the approval of the subdivision of real property pursuant to Criterion met as
Chapters 17.09, 17.12, and 17.18, utilizing City provided water for residential conditioned
consumption, irrigation, fire suppression, or commercial application, the owner of
such property shall assign and transfer to the City a permanent right of
withdrawal of state groundwater in such quantities as is sufficient to serve the
real property being subdivided. Such rights shall be in the form of a perfected
application, certificate, permit, or other right from the State of Washington
acceptable to the City. Individual service wells that are exempt from certification
under the laws of the State of Washington are not acceptable assignments or
transfers of water rights to the City.
C. In the event that available water rights are not represented by a perfected Criterion met as
application, a certificate, a permit, or other right for withdrawal appurtenant to conditioned.
the real property benefitted in subsection A; the applicant shall pay to the City, in
lieu of such assignment, a water rights acquisition fee as established by City
Council resolution.
MLMC 17.12.030
Preliminary Major Subdivision Conditions and Requirements
A. General Conditions and Requirements.
1. The subdivision shall make adequate provision for roads, streets, curbs, Criterion met.
gutters, sidewalks, street lighting circuits, alleys, municipal utilities (sewer, storm,
and water), drainage ways, irrigation water rights-of-way, other public ways,
public access, and other improvements as deemed necessary in conformance with
Community Street and Utility Standards, Chapter 17.21, Chapter 17.24, and other
codes and regulations that are applicable.
2. The subdivision shall comply with all zoning and health regulations. Criterion met.
3. The subdivision shall be consistent with the Comprehensive Plan. Criterion met.
4. The applicant shall make arrangements with Grant County PUD for payment of Criterion met.
all street lighting fees.
5. Environmental information shall be prepared and submitted by the applicant in Criterion met.
accordance with the guidelines established under the State Environmental Policy
Act of 1971, as amended. Said information is a part of and shall accompany the
preliminary subdivision application.
Criterion met.6. The subdivision shall provide for irrigation water rights-of-way pursuant to
state law.
7. Unless an applicant requests otherwise, and the Plat Administrator agrees, a
preliminary subdivision application shall be processed simultaneously with the
application for rezones, deviations, PDDs, building plan approvals, and similar
quasi-judicial or administrative actions to the extent that procedural requirements
applicable to those actions permit simultaneous processing.
B. Specific Conditions and Requirements
1. Prior to submitting a preliminary major subdivision application, the applicant Criterion met.
shall schedule a pre-application conference with the Plat Administrator. During
the pre-application conference, the applicant shall present a conceptual idea of
the subdivision, and City personnel will respond informally to the applicant about
potential items of concern or clarification, to aid the applicant in preparing the
preliminary major subdivision application.
Criterion met.
Page 4 of 19
Moses Lake Council Packet 4-26-22, Page 57 of 245
Lakemont PDD
Public Hearing
3/23/22
2. All preliminary major subdivision applications shall be submitted to the Plat
Administrator.
3. A completed preliminary major subdivision application shall include the
following items:
Criterion met.
Criterion met.
Criterion met.
Criterion met.
a. A completed preliminary subdivision application form, signed by the Criterion met.
property owner, on a form provided by the Community Development
Department.
b. A non-refundable fee per Chapter 3.54.
c. A reduced set of all application drawings, each drawing on eleven-inch
(11") by seventeen-inch (17") paper. Smaller sized drawings may be approved
by the Plat Administrator.
d. A plat certificate from a title company licensed to do business in the State Criterion met.
of Washington confirming that the title of the lands corresponds with the
owners described and shown on the plat and instrument of dedication. The
plat certificate shall be dated within thirty (30) calendar days of filing.
e. Twelve(12)full-sizecopiesofthepreliminaryplat.Thepreliminaryplat
shall be a neat and accurate drawing, stamped and signed by a land surveyor.
The preliminary major plat shall show sufficient detail and information to
provide verification that the proposed subdivision layout can meet all
approval requirements of a subdivision. The format shall be as specified in
Chapter 17.15, with the ultimate goal of the applicant to provide a final plat
per specifications in Chapter 17.15. Specific items that are required on a
preliminary plat are listed below.
1) Name of proposed subdivision, names of all existing streets within the Criterion met.
survey, and names of all proposed streets.
2) Boundaries of proposed subdivision established by the preliminary Criterion met.
survey, and locations of the monuments found and established during the
preliminary survey.
3) All proposed lots with their dimensions, lot numbers, block numbers, Criterion met.
and lot areas.
4) Location and dimension of all existing and proposed streets, alleys,
rights-of-way, municipal easements, public utility easements, and other
public lands within and adjacent to the proposed subdivision.
5) Location and dimensions of all existing and proposed USBR irrigation
water rights-of-way on and adjacent to the proposed subdivision.
6) Legal description of land within the proposed subdivision.
7) Name, address, and seal of the land surveyor who made the
preliminary survey.
8) Date map is prepared, vicinity map, scale, north arrow, basis of
bearing, vertical datum.
Criterion met.
Criterion met.
Criterion met.
Criterion met.
Criterion met.
f. Three (3) full-size copies of the site plan. Site plans shall be provided on a
separate sheet from the plat, per site plan requirements listed in Chapter
17.15.
g. An environmental checklist for the proposed subdivision is required to be
completed by the applicant and submitted with all subdivision applications.
h. Deviation requests.
i. Traffic memos are required if the subdivision will increase traffic by more
than one hundred (100) trips per day or more than ten (10) peak-hour trips
Criterion met.
Criterion met.
Criterion met.
Criterion met.
MLMC 17.15.20 Requirements for Plats and Site Plans
A plat shall consist of one or multiple sheets that show all of the survey Criterion met.
information including information on the adjacent properties, the adjacent right-
Page 5 of 19
Moses Lake Council Packet 4-26-22, Page 58 of 245
Lakemont PDD
Public Hearing
3/23/22
of-way, vertical datums, bearing datums, Auditor's Certificate, Surveyor's
Certificate, vicinity maps, covenant records, legends, and tables; followed by the
last sheet that contains the legal description, the dedication statement, the
approval statements, and acknowledgments. When more than one (1) sheet is
used to show the subdivision, the first sheet shall show the entire subdivision, at
an approved scale, showing the dimensions, bearings, and curve data for the
external boundary of the subdivision, section line information, City limit lines, and
survey ties to the primary control points
MLMC 17.15.030 Specific Plat Requirements
This section (enumerated A through GGG) of the Municipal Code specifies each
item that is required to be shown on the plat, such as title box, numbering,
headings, signature blocks, boundaries line segments etc.
Criterion met as
conditioned.
MLMC 17.21 Design Standards
Criterion met as
conditioned.
MLMC 17.27.040 0pen Space Requirements
A. All residential developments shall include dedication of a portion of the site
to be developed as qualified open space for public purposes, or the payment of
a fee-in-lieu of dedication, or both
B. For single family residential developments, dedication of open space shall be
five percent (5%) of the gross area of the proposed development. For multi-
family residential developments and combined single family and multi-family
residential developments, dedication of open space shall be ten percent (10%)
of the gross area of the proposed development.
Criterion met as
conditioned.
Criterion met as
conditioned.
IV. Waivers, Deferrals, and Deviations MLMC 17.33.010
The applicant has requested the following deviations from Title 17 Improvements
1. Deviations to Block Lengths, exceeding the 660 feet from intersection to intersection
2. Deviation and/or city cost share for street improvements to West Burke Drive.
3. Deviation and/or city cost share for extension of S. James Ave. from Beaumont Dr. as shown on
the Lakemont Preliminary Plat through to the existing terminus of S. James St at the C. Kile
Major Plat.
4. Deviation and/or city cost share for extension of S. Bailey Avenue from Beaumont Dr. as shown
on the Lakemont Preliminary Plat to the terminus of S. Bailey Ave. at the C. Kile Major Plat.
5. Deviation and city cost share for the half width street improvements to S. Eastlake Dr.
V. PLANNED DEVELOPMENT DISTRICT PURPOSE (PDD) (MLMC 18.67.010)
A. The purpose of the PDD ordinance is to allow some flexibility in the design of clustered residential,
commercial, or industrial uses with sufficient and appropriate collective open space or a mixture of such
uses by permitting specific modifications of the bulk and use regulations and performance standards of
the underlying zone(s) as applied to a particular parcel of land. A PDD is a floating district. Each
approved PDD is superimposed on the underlying zone to the extent that the PDD shall modify and
supersede the bulk and use regulations and performance standards of the underlying zone.
Page 6 of 19
Moses Lake Council Packet 4-26-22, Page 59 of 245
Lakemont PDD
Public Hearing
3/23/22
B. A PDD Shall:
1. Encourage flexibility in design and development that will result in a more efficient and desirable
use of the land.
2. Permit flexibility of design, placement of buildings, use of required open spaces, circulation
facilities, open spaces, off-street parking areas, and otherwise to better utilize the potentials of the
site characterized by special features such as but not limited to geography, topography, or shape.
3. Provide for maximum efficiency in the layout of streets, utilities, and other public improvements.
4. Produce an integrated or balanced development of mutually supportive uses that might be
otherwise inharmonious or incongruous.
Zoning and Development Standards: The subject property is located within Rl-Single Family Residential
Zone. The development is proposed as a Planned Unit Development. Per 18.67.020 PDDs are permitted
as follows:
MLMC 18.67. 020 Permitted Planned Development Districts
A. PDDs may be approved for any use or combination of uses listed in Chapter Criterion met.
18.12 through Chapter 18.65 of this title as currently existing. The uses permitted in
any specific PDD shall be enumerated in the ordinance establishing the PDD.
B. Approved PDDs are permitted in all commercial, residential, and industrial zones Criterion met.
existing in the City of Moses Lake's Municipal Code.
C. PDDs may be used for the following types of development:
1. Planned Unit Developments. An area to be planned and developed as a single
district containing one or more residential clusters with sufficient and appropriate
collective open space and one or more public, quasi-public, commercial, and/or
Criterion met.
industrial areas.
MLMC 18.67.030 General Planned Development Application Requirements
Requirements Status
A. Pre-Application Conference. Criterion met
B. Planned Development District Criterion met
Application and Maps.
C. Environmental Information. Criterion met as conditioned
D. Deviation, Deferral, or Waiver of Criterion met
Community Street and Utility Requests submitted to Hearing Examiner for recommendation
Standards. toCityCouncil
E. Comprehensive Plan consistency Criterion met.
Comprehensive Plan designates this property as Low Density
Residential - the proposed PUD meets the intent of the
Comprehensive Plan, see analysis as follows in the staff report.
F. Findings of Fact. Criterion met: Included in this Staff report.
G. Subdivision Approval. Criterion met:
Preliminary Plat and Planned Unit Development applications
were submitted concurrently.
H. Titles. Criteria met as conditioned
Page 7 of 19
Moses Lake Council Packet 4-26-22, Page 60 of 245
Lakemont PDD
Public Hearing
3/23/22
MLMC 18.67.040 Preliminary Planned District Requirements
Requirements Status
A legal description of the total site proposed for development including a
statement of the present and proposed ownership and present and proposed
zoning.
A statement of the planning objectives to be achieved by the PDD through the
particular approach proposed by the applicant
An itemized list of the proposed modifications to the bulk and use regulations of
the underlying zone(s).
A development schedule indicating the approximate date when construction of the
PDD or stages of the PDD can be expected to begin and be completed
A statement of the applicant's intention with regard to the future selling or leasing
of all or portions of the PDD.
Quantitative data for the following: number and type of structures; parcel size;
proposed lot coverage by buildings and structures; approximate gross and net
residential densities; and the total amount of open space.
Relationship of the property to the surrounding area including identification of
adjacent land uses, zoning, and peripheral treatment of the PDD to maximize
compatibility and integration of the PDD with adjacent uses.
Proposed land uses and approximate building locations or buildable areas.
A general landscape plan.
Criterion met as
conditioned
Criterion met
Criterion met
Criterion met as
conditioned
Criterion met as
conditioned
Criterion Met
Criterion Met
Criterion Met
Criterion Met as
Conditioned
Existing site conditions including contours at two foot (2') intervals and unique
natural features.
A list of the names and addresses of all owners of record of real property within
five hundred feet (500') of the external boundaries of the proposed PDD. In
addition, the proponent shall submit a list of the names and addresses of all
owners of record of real property within five hundred feet (500') of real property
which lies adjacent to the external boundaries of the proposed PDD and is owned
by the proponent.
The existing and proposed circulation system of arterial, collector and local streets
including off-street parking areas, service areas, loading areas, storage areas, and
points ofingress and egress to the PDD.
Existing and proposed utility systems including sanitary sewers, storm sewers,
water, electrical lines, natural gas lines, TV and radio cable lines, and telephone
lines.
The proposed pedestrian circulation system.
The proposed treatment of the perimeter of the PDD, including materials and
techniques used such as screens, fences, and walls
Vicinity map showing adjacent subdivision.
The method of maintaining common facilities.
Criterion Met
Criterion Met
Criterion Met
Criterion Met as
conditioned
Criterion Met
Criterion met as
conditioned
Criterion Met
Criterion Met as
conditioned
Proposed lot lines.Criterion Met
The location and size in areas or square feet of all areas to be conveyed, dedicated,
or reserved as common open space, public parks, recreational areas, school sites,
streets, and similar public, and semi-public uses.
Criterion Met as
conditioned
Page 8 of 19
Moses Lake Council Packet 4-26-22, Page 61 of 245
Lakemont PDD
Public Hearing
3/23/22
MLMC 18.67.050 Planned Development District Design Standards:
A Perimeters of the PDD shall maintain all required building setbacks as specified in
the applicable zone designation.
B The PDD shall be compatible with adjacent land uses and shall not adversely affect
the character of the area in which it is located.
C Performance standards for the uses enumerated in the PDD shall be evaluated in
light of the standards established in the Moses Lake Municipal Code for the
underlying zone.
D Population density and building intensity shall be evaluated in light of the
densities and intensities permitted in the underlying zone.
E All dedicated right-of-ways within a PDD shall be evaluated in accordance with city
street and utility standards. The location of sidewalks may be varied as deemed
appropriate when it is found that the PDD plan provides for the separation of
vehicular and pedestrian circulation patterns.
F The vehicular movement and parking plan shall be consistent with the existing
vehicular movement and shall not create an overburden.
1. Private streets may be permitted when requested by the developer and
are required when the development is a gated community. All private streets or
roadways shall have direct access onto a dedicated street. Private streets and
roadways shall be constructed in compliance with city street and utility standards
subject to modification with City Council approval. All private streets and
roadways shall be designed and maintained to carry emergency vehicles.
2. Off-street parking spaces and loading areas shall be provided as specified in
Chapter 18.54 of this title. Parking areas shall be designed and constructed
according to APWA standards. Parking lots for more than twenty-five (25) vehicles
shall be interspaced with landscaped areas.
3. The PDD shall be located with respect to existing right-of-ways which are
adequately designed to handle the generated traffic without creating additional
traffic along minor streets in residential neighborhoods.
4. PDDs shall be so located with respect to schools, parks, playgrounds, and other
public facilities so as to have access in the same degree as would development in a
form generally permitted in the area.
G Utilities.
1. All utilities including electrical lines, telephone lines, and cable T\/ and radio
lines shall be installed underground except for access terminals in residential
zones or residential areas of a PDD and commercial zones or commercial areas of
Criterion Met as
conditioned
Criterion Met
Criterion Met
Criterion met
Criterion met
Criterion met
N/A
N/A
Criterion met as
conditioned
Criterion met
Criterion met
a PDD.
N/A
2. PDDs shall be so located in relation to sanitary sewers, water mains, storm Criterion met
and surface drainage systems, and other utility systems and installations that will
be of adequate size to properly serve the PDD and conform to the Comprehensive
Water and Sewer Plan.
3. When the streets are privately owned, then all municipal utilities including
water mains, sewer mains, water services, water vaults, fire lines, fire hydrants,
and building sewer lines shall be privately owned and maintained by the property
owner/s. The water meters shall be owned by the city water utility. The meters
shall be installed at locations approved by the Municipal Services Director. A
municipal easement to allow the city water utility to access the water meters for
reading and repairing shall be dedicated on the face of the plat.
4. All water and sewer mains and appurtenances shall meet the current Moses
Lake's Community Street and Utility Standards. The construction plans shall be
reviewed and approved by the Municipal Services Department prior to installing
any water and sewer mains and appurtenances.
Page 9 of 19
Moses Lake Council Packet 4-26-22, Page 62 of 245
Lakemont PDD
Public Hearing
3/23/22
The applicant has requested alternatives to the Bulk and Dimensional Standards of the Rl-Residental zone.
I Minimum lot sizes from 7,000 sf to 5,111 sf
2 Minimum corner lot size from 7,700 sf to 5,000 sf
3 Minimum lot width from 65 ft to 50 ft with corresponding 3.1 length to width ratio.
4 Minimum corner lot width from 70' to 50' with corresponding 3:1 length to width ratio.
5 Minimum lot length from 100" to allow lesser lot length (depth) with corresponding 3:1 length to width
ratio.
Reduce the exterior side yard setback to 10 ".6
Vl. COMPREHENSIVE PLAN
The Comprehensive Plan Designation is Low Density Residential (LDR). The following goals and policies
set forth in the comprehensive plan are relevant to this development:
Low Density Residential (LDR)
Purpose: This designation provides for low-density residential development in neighborhoods
already characterized by one- and two-family dwellings or is not suited to more intense residential
development.
Locational Criteria: If undeveloped, this designation should apply to areas located near existing
single-family neighborhoods.
Principal Uses & Density: Single family detached homes, accessory uses, public and semi-public
uses are the principal land uses at densities of 4-6 units per acre. Attached housing types may be
allowed under certain circumstances, such as duplexes or triplexes on corner lots in compliance
with design standards. For new subdivisions in the LDR designation, flexibility should be provided
for a range of lot sizes, provided overall density standards are met.
Implementing Zones: R-1
Land Use Goals and Policies
Goal 3.2 Balance the pace of development with the ability to provide public facilities and services.
Page 10 of 19
Moses Lake Council Packet 4-26-22, Page 63 of 245
Lakemont PDD
Public Hearing
3/23/22
establish provisions for reduced minimum lot sizes in single-family zones (R-1
and R-2), provided design standards are integrated to mitigate the impact of
garages and driveways on the streetscape:
- For large subdivisions (sites over two acres in size) in applicable zones,
allow reduced minimum lot sizes and/or density averaging, provided the
development incorporates traditional neighborhood design concepts or
residential clustering around common open space
Housing Goals and Policies
Goal4.l Provide a variety of housing types and densities to meet the needs of all members
of the community.
Vll. ENVIRONMENT AL REVIEW
The City of Moses Lake issued a Mitigated Determination of Non-Significance (MDNS) on February 22.
2022. The mitigation measures identified in the MDNS are as follows:
1. The Department of Archaeology and Historic Preservation (DAHP) statewide predictive model
indicates that there is a high probability of encountering cultural resources within the project area.
Therefore, a professional archaeological survey of the entire project area will be conducted. The
report will meet the DAHP"s Standards for Cultural Resource Reporting.
2. The proponent commissioned Nelson Geotechnical Associate, Inc. to prepare a Geotechnical
Engineering Evaluation on the subject property dated December 7, 2021. The report includes
Page 11 of 19
Moses Lake Council Packet 4-26-22, Page 64 of 245
Lakemont PDD
Public Hearing
3/23/22
recommendations for site preparation and grading, structural fill, temporary and permanent slopes,
foundations, retaining walls, erosion control and site drainage. The proponent will comply and
implement the recommendations identified in the Geotechnical Evaluation. The applicant will record
the Geotechnical Evaluation with the Grant County Auditor. The Auditor's File Number shall be
noted on the final plat and all future construction shall adhere to the recommendations.
3. Fences will be constructed of noncombustible material such as chain link, stucco, or concrete.
4. Fire hydrants are required and the maximum spacing will be 500 ft. The Fire Department will
approve locations of fire hydrants.
viii.AGENCY and PUBLIC COMMENTS
Agencies and Departments with jurisdiction have been given the opportunity to review the proposal.
The following comments were received as indicated.
Agencies Notified
CITY OF MOSES LAKE
Building
Engineering, Development and Surveyor
Fire Department
Parks Recreation and Cultural Services
Police Department
LOCAL
Grant PUD
Cascade Natural Gas
Century Link
East Columbia Basin Irrigation District
Moses Lake Irrigation District
Moses Lake School District
Multi-Agency Communications Center
Vyve Broadband
Grant County Assessor
Grant County Health District
Grant County Planning
Grant County Treasurer
Washington State
Archaeology and Historic Preservation
Ecology
Fish and Wildlife
Natural Resources
Transportation
FEDERAL
US. Bureau of Reclamation
US Post Office
TRIBES
Confederated Tribes of the Colville Reservation
Yakama Nation
Response Received
N/R=No Reply
N/R
Yes
Yes
Yes
N/R
N/R
N/R
N/R
Yes
N/R
N/R
N/R
N/R
N/R
Yes
N/R
N/R
Yes
Yes
Yes
N/R
N/R
Yes
N/R
Page 12 of 19
Moses Lake Council Packet 4-26-22, Page 65 of 245
Lakemont PDD
Public Hearing
3/23/22
Agency comments have been included as Exhibit C. No public comments were received at the writing of
this staff report.
IX. PROJECT ANALYSIS
Upon review of the application materials, plat, exhibits, public and agency comments, the Moses Lake
Comprehensive Plan, and applicable codes and requirements, planning staff offer the following analysis
and recommendation for the subject application:
Comprehensive Plan Consistency
The proposed project is consistent with Comprehensive plan as the PDD is located within a Low-Density
Residential Designation. The proposal supports Goal 3.2 and the policies of the Land Use Element of the
Comprehensive Plan in that it develops an area where public facilities exist and can be extended in a
timely manner. The proposal also implements Goal 3.3 and the associated policies in that it protects
and preserves the character and quality of the existing residential neighborhood.
The proposed development is also consistent with the Housing components of the Comprehensive Plan.
The development implements Goal 4.1 and the policies in that it provides a variety of housing types and
densities to meet the needs of the community.
The proposal is consistent with surrounding land uses as it continues the development of single-family
housing.
Planned Development District
The proponent is requesting flexibility in design of the development and modifications of the bulk and
use regulations of the underlying zone. Additionally, the proponent has committed to improve and
extend a trail to Power Point Park, the existing neighborhood park. The proponent has also committed
to dedicate additional open space to expand nearby Montlake Park, expanding its shoreline and
opportunities for water dependent recreational uses.
Consistency with the Moses Lake Municipal Code and Requirements.
MLMC 18.67.090 Hearing Examiner Action. The Hearing Examiner shall review the planned development
district for compliance with the following:
MLMC 18.67.090 Hearing Examiner Action
Preliminary Planned Development District
Requirements
The PDD shall be compatible with nearby
developments and uses.
Peripheral treatment ensures proper transition
between PDD uses and nearby external uses and
developments.
The development will be consistent with the
Comprehensive Plan and with the purpose of a PDD
Review
Criterion Met.
Adjacent land uses are compatible single-family
residential uses.
Criterion Met.
As conditioned, the development will extend
residential streets, providing connectivity to adjacent
neighborhoods.
Criterion Met.
The Comprehensive Plan designates this property
Low-Density Residential. The development is
Page 13 of 19
Moses Lake Council Packet 4-26-22, Page 66 of 245
Lakemont PDD
Public Hearing
3/23/22
The PDD can be completed within a reasonable period
of time.
consistent with the purpose of the long-term vision of
the community and meets a variety of housing needs.
Criterion Met.
As conditioned, the proponent can move forward with
development pending Hearing Examiner approval of
the Preliminary Major Subdivision and City Council
approval of Preliminary PDD.
The applicant has requested a modification to the required building setbacks of the underlying zone.
MLMC 18.67.050 requires that the perimeters ofthe PDD maintain all required building setbacks as
specified in the applicable zone designation.
X.RECOMMENDATIONS
As conditioned below, this application does not appear to be detrimental to the general public health,
safety or welfare and meets the basic intent and criteria associated with Titles 14-20 of the Moses Lake
Municipal Code, and the city of Moses Lake Comprehensive Plan. Staff recommends approval of
PLN2021-0048 Lakemont Preliminary Major Subdivision and PLN2021-0049 Preliminary Planned
Development District, subject to the following findings of fact and conditions:
Suggested Findings of Fact:
The applicant is PIA, LLC 1600 Lind Avenue SW, Ste 220 Renton WA 98065.
The general description of the application is for approval of a preliminary major subdivision and
preliminary approval of a PDD to develop 98 single-family lots.
The subject property is located between S Beaumont Dr. and Eastlake Dr.
Assessor's Parcel Number is 110052000.
The Comprehensive Plan Designation is Low-Density Residential.
The subject property is in the Rl- Single Family Residential Zoning District.
As conditioned, the development will not adversely affect the general public, health, safety, and
general welfare.
Suggested Conclusions:
1. As conditioned, the development meets the goals, policies, and implementation
recommendations as set forth in the Moses lake Comprehensive Plan.
2. As conditioned, this proposal is consistent with applicable federal and state laws and
regulations.
3. Public interest will be served by approval of this proposal.
4. As conditioned, the proposal is consistent with Title 17 "Subdivision" and Title 18 "Zoning" of
the MLMC and Development standards for residential Uses.
Preliminary Major Plat Suggested Conditions of Approval:
Page 14 of 19
Moses Lake Council Packet 4-26-22, Page 67 of 245
Lakemont PDP)
Public Hearing
3/23/22
1. Prior to final plat submittal the applicant shall address the comments from the City's
Development Surveyor as outlined in the review letter dated January 14, 2022 and edit the plat
map as required.
2. The applicant shall comply with the requirements of the Development Engineer as presented in
the memo dated January 10, 2022.
a. The applicant is required to develop to City of Moses Lake standards.
b. James Ave and Bailey Ave shall be extended form the existing improvements to serve the
proposed subdivision.
c. Burke Ave shall be improved full width. The applicant has requested City participation on
the construction of Burk Avenue. The applicant shall submit estimated costs to the City for
review prior to construction.
d. Per MLMC 17.21.020 it has been determined by the City the most advantageous
development of the subdivision and adjoining neighborhoods if for the full width
construction of Eastlake Drive from Municipal Tract I to the proposed project limits to the
south, and construct James Avenue and Bailey Avenue full width from the existing
improvements to connect with the proposed project. Detailed estimated costs shall be
submitted to the city for review prior to construction for the frontage of Municipal Tract 1.
The applicant has requested the City cost share in the construction of the improvements
through the existing Grant County Public Utility District (GCPUD) easement crossing the
property. The city has determined the applicant is responsible for these improvements to
maintain traffic connectivity for their proposed development. The City may participate in
the costs of the portion of Eastlake Drive fronting Municipal Tract 1.
e. Per MLMC 12.40.020 Reimbursement, the applicant can set up private reimbursements
against adjacent property. Private reimbursements have a term of 20 years.
f. The 32" municipal easement running along the north property line is dedicated for a drain
for the City of Moses Lake well. This drain will need to be addressed during the design and
construction of this project. The City will participate in the costs associated with this drain.
Prior to construction a detailed cost estimate shall be provided to the City for review.
g. The applicant shall install sewer main improvements for the full length of streets within and
adjacent to the subdivision, unless the Municipal Services Director determines that the
additional sewer main provides no additional benefit. Records indicate sewer has been
stubbed out from Beaumont Drive to serve James, Bailey, and Burke. Gravity sewer will be
required to be installed in Eastlake Drive.
h. Since stormwater is part of the street improvements, the applicant shall install the
stormwater improvements in accordance with MLMC 17.24.030. A.
i. The City Engineer may approve plans submitted by the applicant's engineer to divert or
enclose natural drainage in and through the subdivision. The applicant shall bear all costs
associated with diverting or enclosing natural drainage.
j. All storm drainage in City streets shall drain from the asphalt to concrete gutters, then to
approved stormwater structures such as catch basins and drywells. All stormwater between
stormwater structures shall be in underground pipes.
k. Washington State Department of Ecology approval is required for all stormwater facilities
before construction plans will be approved.
I. Applicant shall be required to design and install storm drainage. Design shall meet or exceed
standards set by the Department of Ecology Stormwater Manual for Eastern Washington.
Page 15 of 19
Moses Lake Council Packet 4-26-22, Page 68 of 245
Lakemont PDD
Public Hearing
3/23/22
m. Typical drywells have been deemed ineffective in this area. The applicant will be required to
work with the City of Moses Lake to come up with a design that will comply with the City's
stormwater permit.
n. All sidewalks required with a subdivision shall be completed prior to acceptance of required
municipal improvements. This section does not allow for the completion of sidewalks for
each lot at the time of building construction
o. Sidewalk improvements should be installed with the roadway improvements.
p. Pedestrian paths and activity trails shall be constructed in accordance with MLMC
17.21.040.
q. Right-of-way for pedestrian paths and activity trails at locations other than within the right-
of-way for streets and utilities may be required as a condition of subdivision approval.
Activity trails shall be provided for as shown on the Activity Trail Master Plan that was
adopted by City Council. Pedestrian paths may be required where pedestrian routes would
otherwise be more than one-quarter (1/4) of a mile longer if the pedestrian path were not
provided.
r. All right-of-way for pedestrian paths shall be at least ten feet (10') in width. All right-of-way
for activity trails shall be at least fourteen feet (14') in width. Right-of-way for pedestrian
paths and activity trails shall be dedicated by one (1) of the adjacent lots and shall be
required to be maintained and serviced by the adjacent lot that provided the dedication for
the pedestrian path or activity trail. The plat shall specifically designate the lot that provided
the dedicated right-of-way and shall designate said lot owner to provide service and
maintenance for the pedestrian path or activity trail.
s. The proposed pedestrian path shall meet the requirements of MLMC 17.21.404.
t. The proposed pedestrian path shall connect from Bailey Avenue through James Avenue,
extended through Power Point Park to the pavilion the applicant is required to provide.
u. Removable bollards will be required at either end of the pathway blocking vehicular traffic.
v. Street lighting is required for all streets, per plans that are approved by Grant County PUD
and the City Engineer.
w. Required street lighting should be installed with the roadway improvements.
x. Additional street lighting on the pedestrian path is required.
3. Per MLMC Chapter 17. 27, the applicant will dedicate open space to the city as identified in the
email and map between the applicant's representative Kim Foster and Vivian Ramsey, Planning
Manager for the City of Moses Lake, dated February 17, 2022. The areas to be dedicated to the
city will be identified on the plat map:
a. The tract that includes all of the areas south of the trestle including the big dock
complex and native growth.
b. the area north of the trestle where the City's existing storm water outfall and
maintenance access driveway is located.
4. The applicant/developer will have a Wildlife Habitat Management and Maintenance Plan
(HMMP) prepared by a professional wildlife biologist for the open space areas to remain
undeveloped to avoid and minimize impacts to the adjacent Fish and Wildlife Habitat
Conservation Area (FWHCA.) The HMMP will meet the standards set in MLMC 19.03.170 D.
Habitat Management Plan. The HMMP will additionally include the following provisions:
Page 16 of 19
Moses Lake Council Packet 4-26-22, Page 69 of 245
Lakemont PDD
Public Hearing
3/23/22
a. Willprovideaspring/summer(AprillsttoJuly31st)closureoftheundevelopedareato
protect nesting waterfowl and western grebes, as well as their broods.
b. Prohibit the use of motorized vehicles in the undeveloped tracts.
c. Limit foot and bicycle travel in the open tract area to developed pathways.
d. Require dogs to be leased at all times.
e. Commit to the restoration of any disturbed areas with native vegetation.
f. Create and institute an invasive weed control plan.
5. The applicant shall establish a Homeowners Association to implement the HMMP and maintain
common areas including the open space/shoreline that will be used for the exclusive use of the
homeowners.
6. Per MLMC Chapter 17.03.060, the applicant will pay a fee in lieu of water right assignment in
the amount of 5720/ Equivalent Residential Unit (ERU), for a total of S70, 560 prior to recording
of the final Lakemont Subdivision.
7. Per the comments received from the Confederated Tribes of the Colville Reservation and the
Department ofArcheology and Historic Preservation (DAHP), the applicant will have a
professional archeological survey and a report be produced prior to ground disturbing activities.
The report will meet the DAHP's Standards for Cultural Resource Reporting.
8. The applicant will address the comments issued by the Department of Ecology in the letter
dated January 26, 2022.
9. The applicant shall meet the requirements of the Moses Lake Fire Department as Identified in
the January 5, 2021, letter.
10. The project shall proceed in substantial conformance with all applicable MLMC requirements in
their entirety, including Building Code, International Building Code, and Fire Code.
11. The applicant shall comply with all applicable local, state, and federal regulations.
12. The applicant shall adhere to the comments of the Department of Ecology as outlined in its
letter dated January 26, 2022. Exhibit C
13. The applicant shall dedicate open space, provide a pavilion in Power Point Park, and extend a
hard surface trail to the pavilion as described in the email between Kim Foster and Vivian
Ramsey dated February 17, 2022. Exhibit E.
14. Prior to recording, the applicant shall address all outstanding comments from agency and city
departments as outlined in, Agency Comments. Exhibit C
15. The applicant shall comply with the mitigation measures as issued in the Revised Mitigated
Determination of Non-Significance issued on this project dated February 22, 2022. Exhibit D
Recommendations for Request for Deviations from Title 17
Page 17 of 19
Moses Lake Council Packet 4-26-22, Page 70 of 245
Lakemont PDD
Public Hearing
3/23/22
1. The Preliminary Major Subdivision may exceed maximum lot length of 600" from intersection to
intersection as shown on the submitted map.
The Development Engineering Manager has provided recommendations for the following deviation
requests for in the Staff Report dated January 10, 2022. Exhibit C
2. Deviation and/or city cost share for street improvements to West Burke Drive.
3. Deviation and/or city cost share for extension of S. James Aye. from Beaumont Dr. as shown on
the Lakemont Preliminary Plat through to the existing terminus of S. James St at the C. Kile
Major Plat.
4. Deviation and/or city cost share for extension of S. Bailey Avenue from Beaumont Dr. as shown
on the Lakemont Preliminary Plat to the terminus of S. Bailey Ave. at the C. Kile Major Plat.
5. Deviation and city cost share for the half width street improvements to S. Eastlake Dr.
Planned Development District Suggested Conditions of Approval
1. The surveyor shall show and define all of the property legally defined within Grant County Parcel
11-0052-000 and include within the plat boundaries. The surveyor shall then dedicate on the
plat, those areas that are intended to be roadways or public easements.
The legal description provided on sheet 5 does not match the Plat Certificate/ Title Report, nor
does it follow the exterior of the full property boundaries and excludes the following areas:
a. The west half of Eastlake Drive
b. The north half of Burke Drive
c. The lakefront tracts that are shown on the Site Plan.
d. Other areas that may not be immediately apparent, that could be part of the property
based on mapping the legal description listed on the title report.
2. The legal description on the map is required to match the legal description provided on the
attached Plat Certificate/Title Report per MLMC 17.12.140 and city policy.
3. The applicant will submit a landscape plan that meets the requirements of MLMC 18.57. The
Landscape plan must be approved before a certificate of occupancy will be issued.
4. The PDD shall maintain all required building setbacks as specified in the applicable zone
designation.
5. The PDD will modify the following blk and use regulations of the underlying zone:
a. Minimum lot sizes from 7,000 sf to 5,111 sf
b. Minimum corner lot size from 7,700 sf to 5,000 sf
c. Minimum lot width from 65 ft to 50 ft with corresponding 3.1 length to width ratio.
d. Minimum corner lot width from 70' to 50" with corresponding 3:1 length to width ratio.
e. Minimum lot length from 100" to allow lesser lot length (depth) with corresponding 3:1
length to width ratio.
6. A development schedule indicating the approximate date when construction of the PDD or
stages of the PDD can be expected to begin and be completed will be provided to the City
Planning Division before excavation or construction activity begins on the project.
Page 18 of 19
Moses Lake Council Packet 4-26-22, Page 71 of 245
Lakemont PDD
Public Hearing
3/23/22
7. The applicant/developer shall provide plans identifying the proposed treatment of the
perimeter of the PDD, including materials and techniques used such as screens, fences, and
walls before excavation or construction of the project begins.
8.
XI. ACTION
The Hearings Examiner should review the application for the Preliminary Major Subdivision application
in accordance Title 17.12 MLMC and approve, conditionally approve, or deny the permit.
The Hearing Examiner should review the application for the Planned Development District application in
accordance with Section 18.67.090 and recommend that the Moses Lake City Council adopt an
ordinance to approve, conditionally approve the request, or deny the permit. The Hearings Examiner
should consider the findings of fact and approve or modify them.
Respectfully Submitted,
Vivian Ramsey
Planning Manager
Moses Lake Community Development Department
!l
EXHIBITS Attached
Exhibit A - Application
Exhibit B- Plat PUD Map
Exhibit C- Agency Comments
Exhibit D - MDNS
Exhibit E Park/Open Space Dedication Email
Exhibit F- Letter from Fire Marshal
Page 19 of 19
Moses Lake Council Packet 4-26-22, Page 72 of 245
I
I
4!%, uxrvo uss.. ACT/ON
lf\/luRf'JiET-;=7/:=NT
AU0 1 3 202i
F?LANNING AND BUILDING
CITY OF MOSES LAKE
P.=it#:'LM'}t'€ %% €- DC'!'l
Fee Schedule (check box)I
€ Annexation 5400 I
€ Appeals 5350 I
€ AdministrativeAppeal 5500 'lI
€ Binding Site Plan Sl,000 I
I
[1] Boundary Line Adjustment S250 .1
Qj Environmental Checklist S250 l
€ Environmental Impact Statement 5500 I
I
€ Comprehensive Plan Amendment - Text S800 I
I
€ comprehensive plan amendment - rviap Sl,000 I
I PROPERTY OWNER(Si
Name: PIA LLC, Kim Foster, General Council
€ Conditional Use Permit Sl,000 I
I
n Dpvp/onmpnt Anreempnt gl.500 I
Address: 1600 Lind Avenue SW, Ste 220
- - - - - a - r a a a - a a - o a5 a - - a a a - a a -I
G3 Planned Unit Development 91,000 I
I
(jjy; Renton 5j3jB: WA 2jp 98065 [J Public Hearing Not Otherutise Specified S60 I
I
Phone#: (425)264-1000 € Right of Weiy Vacation 9200 .1
(yyl3jl; kfoster@aspigroup.com € Shoreline Monogement Application . 5100 'lI
I(we%Signature(S)
Signature: Date:
€ SubstantialDevelopmentand/orCUP + 5200 II
€ Exemption No oddltlonal
Fee Required
I
I
I signature:}a,zbr;(-,ipoate:pi/,":'1
€ Variance + 5100 I
I
e - - &s jA --' - -' - - A - - J: --*-' - -I
I
I
DoherebyaffirmanXCertify,underp:naltyJofperjury,thatlamo"-ne(ormore)of:h:
owners or owner under contract of the below described property and that the
foregoing statements and answers are in all respects true and correct on my
information and belief as to those matters. I believe it to be true.
Ju&l €JlVi)l(ill Nppllt €Jtlutl l'
[I PreliminaryShortSubdivision S300 I
I
Q PreliminaryMajo(Subdivision 5500 I
I
[] Final Short Subdivision S200 II
APPLICANT
Name: PIA LLC, Kim Foster, General Council
[1 FinalMajorSubdivision 9400 II
[] Zone Change Request Sl,000 I
I
A a iai iai .1,
I Address: 1600 Lind Avenue SW, Ste 220
u LOnlng VarlarKe
4 rhet hf nn+ifirn+Ann nvtAJieA4ny nnA ubnAnt*
> IUU +
Actual I
(jjy; Renton State: WA 2jp 98065 I la IIJ & 17 J II IJ & I J I la lit & 811111 f &l &l II J 11111 V l u 114811 G IJ Illljl
Emminels Fee Costs I
Phone#: (425) 264-1000 PROJECT NAME AND SUMMARY
I
I
Cipaaixil - kfriqforfFlacnirirrii Irl I'!I'%IYI Lakemont Planned Unit Residential Development I
I(_ Ill d II, - - - u g -u I(-, u g H - !,l - u u 1-- . yyqi I I I
Signature: 4 >//llk- L§'a' 0ale-, l]J;'/ ..,,,,... .,.,,,.,,..,,.,,...,..,..,.,.,.,,,,,,.,.l'- I -" -I IJ IJ l_ l- - - - - - - I u - II I I 1%- kA 11 - - - - - -l- ---l-l-I Ill IA llj 1-=-l-I IJ IJ I I I 1.= I I 1 II
II
I
AUTHORIZED REPRESENTATIVE ICompany: PIALLC
I I
II PROPERTY INFORMATION
I
Contact: Kim Foster, General Council III Drrinar+vArlrlro-cc-l;00-B:QC-kOf;.-Be-aLlm0njDriW.II i I Ill H G 117 rl IJ IJ I I; J J 0 - - - - ' - - ' - - ' - ' - - - - " " " - " " 'I
Address: 1600LindAvenueSW,Ste220 IIl'I
Citv: Renton State: wA Zio98065 III AsSsesor's Parcel # 110052000
Phone#:(425)264-1000 III ,._._._, . ,.,. . .._,,,,,.,,.,...-
Email: kfoster@asoiorouo,com II
I
' hXIStlnglOnlngrX-l /-lrea IOtal(l-)_tl(;ltjb
I I-' - - - - 'a - - '- " - -" - - - - III
I } l.: V 151_ kl AIJ/ 1 _I/ AIJ
I
Exhibit A
Moses Lake Council Packet 4-26-22, Page 73 of 245
Lakemont PURD Project Narrative Description and Concurrency Statement
Property Owner / Applicant: PIA, LLC
Kim Foster, General Council
1600 Lind Avenue SW, Ste 220
Renton, Washington 98065
Phone: (425) 264-1000
E-mail: kfoster@aspigroup.com
Property Owner's Representative / Project Contact:
Kim Foster, General Council
PIA, LLC
Kim Foster, General Council
1600 Lind Avenue SW, Ste 220
Renton, Washington 98065
Phone: (425) 264-1 000
E-mail: kfoster@aspigroup.com
RECEIVED
COMMUNJTY DEVELOPMENT
AUG 13 2021
PLANNING AND BUILDINGCITY OF MOSES LAKE
ProjectEnqineer: CNWEProject#1-20-202
Del Green, PE
Columbia Northwest Engineering, PS
249 N. Elder Street
Moses Lake, WA 98837
Phone: (509) 766-1226
E-Mail: Del.L.Green@cnweng.com
Project Description:
The property owner is proposing the development of a 25.7039 +/- acre Clustered Single Family
Residential Planned Unit Residential Development containing 98 Clustered Single Family
Residential lots. The PURD will include the Clustered SFR Subdivision providing for 98 SFR
Lots, Waterfront Areas (Tracts 1 and 2), and Tracts A and B consisting of common internal
pedestrian travel ways.
The PURD includes both the clustered SFR Subdivision containing 98 lots and the Waterfront
Areas with existing docks and trails (Tracts I & 2, respectively). Existing waterfront docks are
proposed to be retained as gated private docks as a PURD amenity. Access to the private
docks will be via perpetual private access easements. Clustered Single Family Residential Lots
will range in size from 5, 111 +/- square feet to 13,111 +/- square feet. PURD Gross Density
will be one (1) SFR Dwelling Unit/9,649 +/- square feet. No Development will occur within 200
feet of the Shoreline of Moses Lake. Previously permitted and constructed Shoreline Amenities
including existing private docks and existing private waterfront trails are incorporated into the
PURD. Common Areas will be owned and maintained by a Home Owners Association. The
Waterfront Tracts are proposed to be dedicated to the City in lieu of payment of Parks Fees.
Page I of 15
Moses Lake Council Packet 4-26-22, Page 74 of 245
The proposed PURD will be served with City water and sanitary sewer. Vehicular access is
proposed from the existing street system. Storm Water will be controlled and disposed of in
conformance with applicable local, state, and federal regulations including the Eastern
Washington Storm Water Control Manual utilizing the existing storm water system serving the
area of the proposed PURD. Electrical power will be sourced from existing Grant County PUD
infrastructure serving the area. Existing City water and sanitary sewer mains are located in the
rights of Way of Beaumont Drive and South Lakeway Drive.
PURD Amenities: Amenities will include:
1. Construction and dedication to the City of Moses Lake of a Day Use Pavilion
(Covered Picnic Table Area) in the existing City of Moses Lake Power Point Park for
the use of the public. The Pavilion will be an open roofed structure measuririg 20
feet by 20 feet. The Pavilion will be a dry facility with no wet or dry utility services.
2. Construction of Sidewalk / Pedestrian Travel way along the west boundary S. East
Lake Drive to Division Street to compliment the City Trail System
3. Construction of a Sidewalk / Pedestrian way internal to the SFR Development area
connecting and providing secondary access to the Power Point Park identified as
Tracts A & B.
Additionally, in lieu of Payment of Parks Fees and as a PURD amenity, the Developer will
construct and convey to the City of Moses Lake a Pavilion in the existing Power Point Park;
thereby, enhancing the existing public recreational facilities serving the residents of the area
and future residents of the Lakemont PURD. The Day Use Pavilion (Covered Picnic Table
Area) will be an open roofed structure measuririg 20 feet by 20 feet. The Pavilion will be a dry
facility with no wet or dry utility services.
SFR Housing Types: PURD housing types are characterized as small footprint single, and two
story detached single family Residential dwelling units with 2 or 3 bedrooms and attached two
(2) car garage. Some models will have basements.
Historical Information: (Storm Water Control / Drainaqe Infrastructure and Parks):
The site of the proposed subdivision was previously the site of the Power Point 1, 2 & 3 Major
Plat. The Preliminary Plat for the Power Point 1, 2 & 3 Subdivision(s) was approved December
13, 2005. The Power Point #1 plat was completed in 2007. The Crossings Short Plat was
developed by the same developer and completed in 2007 on adjacent property. Due to adverse
national, regional, and local market conditions (recession) during the period 2008 to 2012 the
developer was unable to complete the subdivision. The Preliminary Plat approval period for Power
Point 2 and 3 expired on December 13, 2013 and upon expiration became null and void. With
the final platting of the Power Point 1 Subdivision, the developer completed the storm water
control infrastructure to serve all three subdivisions (Power Point 1, 2 and 3) and the Power Point
Park as required by the City as a condition of approval of the Preliminary Plat for Subdivisions 1,
Page 2 of 15
Moses Lake Council Packet 4-26-22, Page 75 of 245
2 and 3. The completed Storm Water Control infrastructure and the Power Point Park were
dedicated (conveyed) to the City and accepted by the City of Moses Lake into the City's storm
water control infrastructure and Parks System respectively. In 2007 the existing waterfront trails
and private community docks were permitted and constructed.
PURD Planninq Obiectives, Rational (Constraints and Opportunities):
PURD Rational: Development of the property as a PURD will facilitate the efficient and
utilitarian infill of the site for clustered single family residential development accommodating
the unique shape, terrain, topography, physical constraints of the property, and the existing
street system serving the general area.
Additionally, development of the property as a PURD will afford design flexibility that will
better utilize the potentials of the site; thereby, providing for the maximum efficiency in the
layout of streets, utilities, and other public improvements. Development of the site as a
PURD will produce an integrated and balanced clustered single-family residential
development with a diversity of SFR design options and opportunities benefitting the
Community as a whole and enhancing the availability of housing opportunities in the
community.
Enhancements to facilities in the existing Power Point Park and complimentary
enhancements to the City Trail System will benefit the public with greater recreational
opportunities.
Physical Site Constraints and Opportunities:
The topography, terrain, and shape of the PURD site is unique and constrained by the
physical features of the geographic location and the configuration of the existing streets
serving the area. The site is located in a topographical bowl with steeper slopes along the
eastern boarder limiting access to portions of the site. (See the attached Site Plan showing
the existing topography of the site.)
The proposed internal PURD street alignments and PURD Layout are prescribed by the
geometry of the existing street system serving the area and the terrain and topography of the
site. The unique shape, topography and terrain of the site coupled with the geometry of the
existing street system constrain the utility and the opportunity for the efficient development of
the site for single family residential development. Development of the Property as a clustered
SFR PURD with deviations to the underling zone standards, as requested, would facilitate the
efficient development of the property with no negative irnpacts to the built or human
environment.
PURD Metrics:
PURD Gross Acreaqe (lncludinq: Waterfront; and Clustered SFR Subdivision:
25.703+/- acres.
PURD Park and Waterfront Amenities:
Page 3 of 15
Moses Lake Council Packet 4-26-22, Page 76 of 245
a. Pedestrian Travel Ways / Sidewalks: Sidewalks will be constructed as part of the
street Geometry for all internal streets. A sidewalk providing internal access to the
existing Power Point Park will be constructed connecting S. Baily Drive to S. James
Street and connecting S. James Street to a secondary Pedestrian entrance to the
existing Power Point Park.
b. Construction and dedication of a Pavilion to the City of Moses Lake in the exiting
Power Point Park for the use of the Public. The Day Use Pavilion (Covered Picnic
Table Area) will be an open roofed structure measuring 20 feet by 20 feet. The
Pavilion will be a dry facility with no wet or dry utility services.
c. Construction of a sidewalk complimenting the City Trail System adjacent to S. East
Lake Drive along the PURD frontage upon S. East Lake Drive; thereby, facilitating
the construction of a connection by the City of Moses Lake to the existing sidewalk
on the west side of S. Division Street.
d. Maintenance of existing permitted waterfront Pedestrian Trails on the Shoreline
Tracts.
PURD Upland Area Gross Acreaqe: 25.7039 +/- Acres. Total Acres.
Clustered Residential Lots & Streets:
Streets:
Tract 1 (Waterfront):
Tract 2 (Waterfront):
Dwellinq Unit Density:
14.79 +/- Acres.
3.56 +/- Acres.
6.48 +/- Acre.
0.87 +/- Acres.
Total Gross PURD SFR Density: 1 DU / 9,649.87 +/- Square Feet
PURD Sinqle Family Residential Lots:
Number of SFR Lots: 98
Lot Size Range: Low 5, "l 31 +/- Sq. Ft. to High of 13,111 +/- Sq. Ft.
Average SFR Lot Size: 6,425 Sq. Ft.
Minimum Lot Width at Center of SFR Building Pad: 50 Feet.
Lot length to Width Ratio: All lots are
configured and laid out with a minimum 3:1 length to width ratio.
Building Heiqht: Maximum Building Height 30'.
Lot Setbacks (Minimum): Consistent with R-1 Zone District Standards.
Page 4 of 15
Moses Lake Council Packet 4-26-22, Page 77 of 245
Front Yard Set Back / Living Space: 20 Feet.
Exterior Side Yard Set Back/ Living Space and Garage: 10'
Front Yard Set Back / Garage: 25 Feet.
Front Yard & Exterior Side Yard Setback Unenclosed Areas: 10 Feet.
Interior Side Yard: 5 Feet
Rear Yard Setback: 25 Feet.
Rear Yard Setback Corner Lot: 10 % of Lot Depth.
Request for PURD Deviations (Bulk and Dimensional Standards): The following
deviations are requested to the Bulk and Dimensional Standards of the of the R-1 Zone
District.
1. Deviation to Minimum Lot Size from 7,000 Sq. ft. to 5,111 Sq. Ft.
2. Deviation to Minimum Corner Size from 7,700 Sq. Ft. to 5,000 Sq. Ft.
3. Deviation of Minimum Lot Width from 65 feet to 50 feet with corresponding 3:1 length
to width ratio.
4. DeviationsofMinimumCornerLotwidthfrom70feetto50feetwithcorresponding3:1
length to width ratio.
5. Deviation of minimum Lot length from 100 feet to allow lesser lot length (depth) with
corresponding 3:1 length to width ratio.
6. Deviation to reduce the Exterior Side Yard Set Back to 10 foot
7. Deviations to Block Length. (Exceeding 660 feet from intersection to Intersection).
Existing Streets Servinq the General Area and the PURD: Portions of the PURD front
upon S. Beaumont Drive. South Beaumont Drive is classified as a Residential Street.
The area is accessed from S. Beaumont Drive from W. Linden Avenue via South Division
Street and from South Lakeway Drive to and from West Nelson Road via South Division
Street. South Lakeway Drive is classified as a Residential Street. South Beaumont Drive
transitions into South Lakeway Drive. West Linden Avenues is classified as a
Residential Street. South Division Street is classified as Secondary Street. These
streets are all improved City Streets with Traffic controls in place.
Existinq Streets Servinq the Site: Include the following:
South Beaumont Drive / S. Lakeway Drive: These streets are designated as a
Residential Streets. S. Beaumont Drive connects with and transitions into S. Lakeway
Drive. S. Beaumont Drive and South Lakeway Drive are improved City Residential
Streets with paved travel way, sidewalks, curbs, gutters, storm water drainage
infrastructure and street lighting.
West Nelson Road: West Nelson Road is located off-site to the north of the proposed
PURD. West Nelson Road is designated as Tertiary Street. West Nelson Road is an
improved City street with paved travel ways, curbs, gutters, sidewalks, storm water
drainage street lighting and strips. The intersection of West Nelson Road and S.
Division Street is a "Stop Sign" controlled intersection.
Page 5 of 15
Moses Lake Council Packet 4-26-22, Page 78 of 245
West Linden Avenue: This street is designated as a Residential Street: W. Linden
Avenue is an improved City street with paved travel way, sidewalks, curbs, gutters,
storm water drainage infrastructure and street lighting. The intersection of West
Linden Avenue and Division Street is a "Stop Sign" controlled intersection.
South Division Street: This street is designated as a Secondary Street: South Division
Street is an improved City Street with paved travel ways, sidewalks, curbs, gutters,
storm water drainage infrastructure and street lighting.
South East Lake Drive: This unimproved adjacent street right-of-way is classified as a
Residential Street. Currently, South Eastlake Drive is an unimproved vehicle path
connecting with Division Street on the south and W. Nelson Road on the North.
South Bailey Avenue (Off-site): This off-site street is designated as a Residential
Street. This is an existing street constructed to City Street standards terminating at the
northern PUD easement boundary.
South James Avenue (Off-site): This existing off-site street is designated as a
Residential Street. This street is constructed to City Street standards terminating at the
northern PUD easement boundary.
Proposed Streets: Design and construction of street improvements other than those proposed
herein to be constructed by the developer are presumed to be the responsibility of the City of
Moses Lake and / or adjacent property owners. The developer proposed to construct S. James
Avenue and South Bailey Avenue to the northern property line of the Subdivision area. If the
off-site extension of these streets is required by the City, the Developer is requesting a Cost
Share with the City; with the City being responsible for the cost of construction for the extension
and connection of S. James Avenue and South Bailey Avenue through the adjacent public
Property and PUD easement to the existing termini of the respective streets located off-site to
the north of the PURD.
The following streets are proposed to be constructed as follows:
West Burk Drive: This proposed street is designated as a Residential Street. The street is
adjacent to the southern boundary of the PURD. The street will be constructed by the
developer to City half width standards terminating in a cul-de-sac. This half width street
will be dedicated to the City. It is assumed that the City and / or adjacent property owner's
will be responsible for the additional half width street construction. if required by the City.
South Bailey Avenue: This proposed street is designated as a Residential Street. This
internal street will be constructed to City Street Standards by the developer terminating at
the southern boundary line of the adjacent Public Property and the southern PUD
easement boundary. If the City requires the off-site extension of this street, the Developer
is requesting a Cost Share with the City; with, the City being responsible for the
Page 6 of 15
Moses Lake Council Packet 4-26-22, Page 79 of 245
construction of the street extension off-site on adjacent property to the existing off-site
terminus of the street located to the north of the PURD.
South James Avenue: This proposed street is designated as a Residential Street. This
internal street will be constructed to City Street Standards by the developer terminating at
the southern boundary line of the adjacent Public Property and the southern PUD
easement boundary. If the City requires the off-site extension of this street, the Developer
is requesting a Cost Share with the City; with, the City being responsible for the
construction of the street extension off-site on adjacent property to the existing off-site
terminus of the street located to the north of the PURD.
South East Lake Drive: South Eastlake Drive is an adjacent unimproved City Street. The
Developer will construct half width Street improvements to S. Eastlake Drive through the
frontage of the PURD upon S. East Lake Drive to City Residential Street Standards.
Improvements to the west half of the street will include a sidewalk providing for tlie
potential connection of the sidewalk to the existing sidewalk on the west side of S. Division
Street by the City of Moses Lake. The City will be responsible for connection and
construction of the of the sidewalk from its termini upon the adjacent S. Eastlake Drive to
Division Street. If the City requires off-site improvements to this adjacent street, the
Developer is requesting a Cost Share with the City; with, the City being responsible for the
cost of construction for the off-site extension and connection of South Eastlake to the
existing off-site terminus of the street located to the north of the PURD Site and to an
extension and connection of south Eastlake Drive to South Division Street.
Request for PURD Subdivision Street Waivers, Deviations, Deferrals and City Cost Share:
Design and construction of street improvements other than those proposed herein to be
constructed by the developer are presumed to be the responsibility of the City of Moses Lake
and or adjacent property owners.
The following PURD Subdivision Street Waivers, Deviations, Deferrals and City Cost Share are
requested.
Deviation and / or City Cost Share for Street Improvements to West Burk Drive: This
adjacent street will be constructed by the developer to City half width standards terminating
in a cul-de-sac along the northern frontage of the PLIRD upon West Burk Drive. This half
width street will be dedicated to the City. Design and construction of street improvements
other than those proposed herein to be constructed by the developer are presumed to be
the responsibility of the City of Moses Lake and / or adjacent property owners. Half width
street improvements are sufficient to adequately serve PURD lots having frontage upon
West Burk Drive. If the City requires full width street improvements to West Burk Drive, the
Developer is requesting a Cost Share with the City; with, the City being responsible for the
cost of design and construction for the remaining half width street improvements to West
Burk Street adjacent to the existing Humphrey Subdivision.
Page 7 of 15
Moses Lake Council Packet 4-26-22, Page 80 of 245
Deviation and / or City Cost Share for South James Street: This internal street will be
constructed by the developer to City Street Standards from its connection to S. Beaumont
Drive and terminating at the southern boundary of adjacent Public Property and southern
PUD Easement Boundary. Off-site though street improvements (extensions) are not
required to adequately serve the PURD.
The Developer is requesting a Deviation to allow the street to terminate at the Southern
PUD Easement Boundary. If the City requires the extension of S. James Street from the
southern boundary of the PUD easement to the existing off-site terminus of the street
located to the north of the PURD site, the Developer is requesting a Cost Share with the
City; with, the City being responsible for the cost of permitting, design and construction of
the street across adjacent public property and PUD Easement to the existing off-site
terminus of the street located to the north of the property.
Deviation and / or City Cost Share for South Bailey Avenue:
This internal street will be constructed by the developer to City Street Standards from its
connection to S. Beaumont Drive and terminating at the southern boundary of adjacent
Public Property and PUD easement boundary. Through street improvements to off-site
areas located to the north of the PURD are riot required to adequately serve the PURD.
The Developer is requesting a Deviation to allow the street to terminate at the southern
boundary of the adjacent Public Property and PUD Easement Boundary. If the City
requires the extension of S. Bailey Avenue from the southern boundary of the adjacent
Public Property and PUD Easement boundary to the existing off-site terminus of the street
located to the north of the PUR, the Developer is requesting a Cost Share with the City;
with, the City being responsible for the cost of permitting, design and construction of the
street through the PUD Easement to the existing off-site terminus of the street located to
the north of the property.
South Eastlake Drive - Deviation for Half Width Street lmprovements and City Cost
Share:
This adjacent street will be constructed by the developer to City half width standards along
the frontage of the PURD upon South Eastlake Drive. Improvements to the west half of the
street will include a sidewalk The City will be responsible for connection/construction of
the of the sidewalk from its terminus at the southern boundary of the PURD to S. Division
Street.
Design and construction of street improvements other than those proposed herein to be
constructed by the developer are presumed to be the responsibility of the City of Moses
Lake and / or adjacent property owners. Half width street improvements are sufficient to
adequately serve PURD lots having frontage upon S. Eastlake Drive.
If the City requires full width street improvements to S. Eastlake Drive along the frontage of
the PURD, the Developer is requesting a Cost Share with the City and/or adjacent
Page 8 of 15
Moses Lake Council Packet 4-26-22, Page 81 of 245
property owners for the cost of permitting, design and construction for the remaining half
width and off-site street improvements.
If the City requires the off-site extension / connection of S. Eastlake Drive to the existing
off-site terminus of S. East Lake Drive (located to the north) and / or to S. Division Street,
the Developer is requesting a Cost Share with the City and/or adjacent property owners
for the cost of permitting, design, and construction of said street improvements.
Sitis/Address: 1600 Block of S. Beaumont Drive.
Assessor's Parcel Number: APN # 110052000 (See the Attached Plat Certificate)
Current Parcel Aqqreqation / Confiquration (As of June 21,2021 ): The current parcel #
assigned by the Grant County Assessor for Taxation purposes is made up of multiple
separate and discrete areas (parcels) of land combined under one (1 ) Assessor's' Parcel
Number. The Current Grant County Assessor's Parcel Map of the area erroneously
identifies properties as being part of the PIA Ownership; but, which are not owned by
PIA. The Grant County Assessor is currently in the process of correcting its records and
mapping regarding the current erroneous information on the Assessor's WEB page.
Please refer to the included Current Plat Certificate and PURD Map for an accurate
description of the PURD land area ownership.
Assessor's Parcel # 110052000: Subject to Pending correction by the Grant County
Assessor.
Lake Front / Shoreline Area Property: The waterfront area includes two
portions of land area bisected by the railroad right of way totaling 7.61 +/- acres.
Gross Upland Land Area: The gross upland area totals 25.703 +/- acres.
PURD Sinqle Family Residential Development Area: 18.35 +/- Sq. Ft. (lncluding Lots
and Streets)
Comprehensive Plan Land Use Map Desiqnation (Upland Areas}: Low Density Residential
Zone Desiqnation: R-1, Single Family Residential. Minimum SFR.
Plat Status: Not Platted.
Street Frontaqe: South Beaumont Drive
Leqal Description: Grant County Assessor's Legal Description: NE Less RW, Plat, Tax #'s &
N1300' (Date: 6-21-2021)
. 27, : 19 N, 28 E\/VM.
Topography: (Site Corner Elevations)
Northwest Corner: I 062' +/-
Page 9 of 15
Moses Lake Council Packet 4-26-22, Page 82 of 245
Northeast Corner: 4 097' +/-
Center: 1 066' +/-
Southwest Corner: 1 078' +/-
Southeast Corner: 11 23' +/-
Existinq Site Physical Characteristics: The property is currently characterized as vacant
undeveloped land with previously disturbed native vegetation. The site slopes upward toward
the northwest from the southeast corner of the property.
The site is not located in a geologically hazardous area and does contain a small area of slopes
over I 5%. There are no wetlands, streams, rivers, or lakes on or near the site or in close
proximity. The site does not contain designated fish or wildlife priority habitats.
Geotechnical Report: A Geotechnical Report will be prepared for the proposed site.
Development of the site will be in compliance with the recommendations of the Geotechnical
Report including but not limited to soil suitability; building footings / foundations; road
construction; slope stability; and storm water drainage and control.
: 0 to 1 8+ %
: (Source: NRCS)
(40) Ephrata fine sandy loam, 0 to 2 percent slopes.
(41) Ephrata fine sandy loam,2 to 5 percent slopes
(42) Ephrata fine sandy loam, 5 to 10 percent slopes.
(89) Prosser very fines sandy loam, 0 to 2 percent slopes.
(172) Umapine silt loam
(1 84) \/Viehl fine sandy loan, 4 5 to 35 percent slopes
Source: NRCS Soils Map:
Page 20 of 15
Moses Lake Council Packet 4-26-22, Page 83 of 245
Vicinity Characteristics: The Site is zoned R-1, Single Family Residential. Development of the
PURD would constitute infill of a currently vacant area of land surrounded by single family
residential development on the north, south and west and by geophysical features and a City
Secondary Street on the East.
Adjacent properties are characterized as follows:
North: Uses and Activities: PUD Transmission Lines & Easement for Road Right of Way.
Zoned: Public (PUD) Easement and Municipal Easement for Street)
South: Uses and Activities: Single Family Residential
Zoned: R-1, Single Family Residential
Montlake Park (City Park)
Zoned: R-1 Single Family Residential
Storm Water: Storm water run-off resulting from impervious surfaces will be controlled
on site pursuant to local, state, and federal requirements and via connection to the existing
stormwater control infrastructure serving the PURD site.
With the completion of the Power Point #1 Major Plat, the Stormwater control infrastructure
including collection, transport, treatment, and outflow was permitted and constructed in
conformance with State and Local Standards and Regulations to serve the entire area within the
boundaries of the completed Power Point #1 and the proposed Power Point 2 and 3 Major Plats.
The constructed stormwater control infrastructure is an out-fall based bio-engineered system
described as follows: "Construction of stormwater system and outlet structure to discharge to
Moses Lake. Discharge will be stormwater from Power Point j, 2 and 3 Plats. Stormwater will
be collected from street system. Catch Basins are used as primary treatment of the water. The
collected water is discharged upland of the lake through a constructed system including riprap
and plantings flowing across the wetland buffer and then through a Category 3 Wetland to Moses
Lake."
Soils in the area are too tight to facilitate the infiltration of stormwater on-site. It is proposed to
connect the stormwater control infrastructure for the proposed PURD to the existing Storm Water
Control / Treatment infrastructure as completed with the Power Point 1 Major, as it was intended
to serve the entirety of the area including the proposed Lakemont PURD and the Power Point 1
Major Plat.
Parks: As a condition of approval of the Power Point 1 Preliminary and Final Plats and the Power
Point 2 & 3 Plats, the developer constructed a Park as required by the City of Moses Lake. The
Park was constructed based upon the criteria of approval for the Power Point 1, 2 and 3
Page II of 15
Moses Lake Council Packet 4-26-22, Page 84 of 245
Preliminary Plats including the area of the proposed PURD and the Power Point 1 Final Plat. The
Park was conveyed to the City of Moses Lake in 2013. The existing Park is improved with lawn
and street frontage landscaping.
Pursuant to MLMC 17.34, The developer is proposing to dedicate the Waterfront Areas (Tracts
1 and 2) to the City of Moses Lake exclusive of the private docks and appurtenant private
access easements for incorporation into the into the City Parks System In lieu of Payment of
Parks Fees.
Additionally, in lieu of Payment of Parks Fees, the Developer will construct and convey to the
City of Moses Lake a Pavilion in the existing Power Point Park; thereby, enhancing the existing
recreational facilities serving the residents of the area and future residents of the Lakemont
PURD. The Day Use Pavilion (Covered Picnic Table Area) in the existing City of Moses Lake
Power Point Park will be for the use of the Public. The Pavilion will be an open roofed structure
measuring 20 feet by 20 feet. The Pavilion will be a dry facility with no wet or dry utility services.
Vehicular Trip Generation: The PURD / Subdivision will include 98 Single Family
Residential Dwelling Units / Lots.
ADT is estimated to be 9.44 ADT / SFR. Total ADT is estimated to be 925.12 ADT.
Peak Hour Vehicle Trips will be approximately 93 Vehicle Trips at the AM and PM Peak hours.
Road Grades will not exceed 1 0%.
The I0th Edition ITE Trip Generation Manuel for single family residential uses and activities
suggest an ADT of 9.44 trips per day per residence. As a residential development, the
subdivision will generate approximately 926 ADT.
Total ADT and Peak Hour (PH) Trips expected for both subdivisions are as follows:
Trip Generation Residential
'- Res-idential '
SFR Lots '
rvmwiavzamwius!Ja!Jlmmm)'
Total Residential Units ir-
= . !
Average Daily Traffic i'
(ADT) $
9.44 / SFR KI
Peak Hour Volume J
i (P HV) Est. 10 % y
'fi
" Iffl!Waffli'
gs I .....C)El J -- - ----g-:z-g"""""-"'-gs -"-----l
II! :i
Peak hour traffic volume would be one hour between 7 and 9 a.m. with 90 % exiting and 10%
entering and one hour between 4 and 7 p.m. with 90% entering and 10% exiting. Peak hour
vehicular trips would be approximately 93 veliicle trips.
Existing Streets: Portions of the PURD front upon S. Beaumont Drive. South Beaumont Drive
transitions into South Lakeway Drive off-site to the north. Both South Beaumont Drive and
South Lakeway Drive are classified as a Residential Streets. The area is accessed from S.
Beaumont Drive from W. Linden Avenue via South Division Street and from South Lakeway.
Drive from West Nelson Road via South Division Street. West Linden Avenues is classified as a
Residential Street. South Division Street is classified as Secondary Street. These streets are
all improved City Streets with Traffic controls in place.
Page 12 of 15
Moses Lake Council Packet 4-26-22, Page 85 of 245
Primary and Alternative PURD Vehicular Distribution Routes:
Traffic Routed from PURD Internal Streets will distribute to points throughout the City as follows:
Primary Route 1: South James Avenue to Linden Avenue to Division Street and Points
beyond.
37% TOial ADT:
344 ADT.
Peak Hour Vehicle Trips (\/T): 35 \/T
Alternative Route 1 A: This hypothetical route is premised on the assumption that if
South James Avenue is extended across adjacent property to the north of the PURD,
not owned by PIA, and not included in the PtlRD, that traffic using the S. James Street
routing north and south would split with 50% routing to S. Beaumont Drive and 50%
routing to West Nelson Road. This routing is premised on the assumption that the City
of Moses Lake will be responsible for off-site improvements to South Bailey Street.
28% North to W Nelson Road.
ADT: 258 ADT
Peak Hour Vehicle Trips: 26 \/T
28% South to S. Beaumont Drive.
ADT: 258 ADT
Peak Hour Vehicle Trips: 26 \/T
Primary Route 2: South Bailey Avenue to South Beaumont Drive
to Linden Avenue to Division Street.
56% ADT:
516 ADT
Peak Hour Vehicle Trips (\/T): 52 \/T
Alternative Route 2 A: : This hypothetical route is premised on the assumption that
if South Bailey Avenue is extended across adjacent property to the north of the PURD
, not owned by PIA, and not included in the PuRD, that traffic using the S. Bailey
Street routing north and south would split with 50% routing to S. Beaumont Drive and
50% routing to West Nelson Road. This route is premised on the assumption that the
City of Moses Lake will be responsible for off-site improvements to South Bailey
Street.
1 8.5% North to W Nelson Road.
ADT: 172 ADT
Peak Hour Vehicle Trips: "I 8 \/T
1 8.5% South to S. Beaumont Drive.
ADT: 172 ADT
Peak hour Vehicle Trips: 18 VT
Page 13 of 15
Moses Lake Council Packet 4-26-22, Page 86 of 245
Primary Route 3: West Burk Drive to South Beaumont Drive to Division Street and points
beyond. Not a through street providing access for seven (7) SFR Lots.
7% ADT
66 ADT
Peak Hour Traffic: 7 Vehicle Trips.
Alternative Route 4: South Eastlake Drive North to existing off-site terminus of S.
Eastlake Drive and South to Connection to S. Division Street. This Hypothetical Alternative
Route is contingent upon construction and extension of off-site street improvements by the
City of Moses Lake and or adjacent property owners. Development of this hypothetical
Alternative Route would primarily only serve seven (7) PLIRD Lots having frontage upon S.
East Lake Drive. Utilization of this Alternative Route would minimally lessen the Impacts to
other routes. This route is premised on the assumption that the City of Moses Lake will be
responsible for off-site improvements to South Bailey Street.
Hypothetical ADT: 66 ADT
Hypothetical Peak Hour Vehicle Trips: 7 \/T
Conclusion: Due to the project location and existing street pattern, the impact of the
proposed project will be minimal on Primary Traffic Routes. Anticipated ADT is within the
capacity of the existing streets. The location of the project directly accesses and utilizes
existing arterial streets. Due to the project location and existing street and highway system
pattern, the impact of the proposed project on existing streets and highways will be minor.
Intersections that traffic will distribute through have traffic controls in place.
Home Owners Association: A Home Owners Association will be established for the PURD.
CC&Rs will be incorporated into the Home Owners Association Agreement. Common Areas will
be owned and maintained by the Home Owners Association.
Pedestrian Ways / Sidewalks: Sidewalks will be constructed as part of the street Geometry for
all internal streets and the west half of S. Eastlake Drive. A sidewalk pedestrian travel way will
be constructed internally from S. Bailey Street to S. James Street connecting to the existing
Public Park, thereby providing secondary access to the Power Point Park.
Critical Areas:
* Geoloqical Hazardous Areas: A very small portion of the SFR PURD Development
area is characterized with slopes in the range of 1 0% to 1 5%. Areas of containing
slopes in this range will be included in individual lot areas; but will not be developed for
roads or building pad sites. These areas will function as a landscape amenity associated
with individual lots within the subdivision and will facilitate view lots. A Geotechnical
Page 14 of 15
Moses Lake Council Packet 4-26-22, Page 87 of 245
Report will be prepared for the Site. Development will be in compliance with
Geotechnical Report recommendations for footings, foundations, roads, stormwater
drainage and control, and slope stability.
Shorelands: There are no Shorelands identified within or adjacent to the SFR
Development Area as per the National Wetlands Inventory Maps. Moses Lake, the lake,
is located approximately 700 feet to the west of the SFR Development Area with S.
Beaumont Drive and existing Single-Family residences located between the SFR
Development Area and the lake. No development will occur within 200 feet of the
shoreline of Moses Lake.
Cultural Resources: There are no known cultural resources on the site. The site is vacant
undisturbed land with no structures on the site. Development will be in compliance with
requirements of applicable local, state, and federal regulations as required by jurisdictional
agencies including the City of Moses Lake and Washington State Department of Archaeological
and Historical Preservation in consultation with the Colville Confederated Tribes.
Flood Zone Status: The site is not located in a Flood Hazard Area. The site is designated as
an Area of Minimal Flood Hazard, Zone X FIRM Map Panel 53025C131 QC, Effective 02/1 8/2009.
Public Transportation: The area is served with public transportation by the Grant County
Transportation Authority (GTA).
Landscapinq: Landscaping will be in conformance with the requirements of the City
Landscaping Regulations and Standards.
Services, Utilities & Districts: Utilities and Services serving the subdivision will be
sourced from the following providers:
Electricity - Grant County PUD
Fiber: Grant County PUD
Water (Domestic, Fire Protection & migation) - City of Moses Lake
Sewer - City of Moses Lake
Phone - Qwest
Gas - Cascade Natural Gas (if Available).
Refuses Service - Lakeside Disposal & Recycling
Cable: Northland Cable
School: Moses Lake School District
Police Protection: City of Moses Lake
Fire Protection: City of City of Moses Lake
Emergency Services: City of Moses Lake
Page 15 of 15
Moses Lake Council Packet 4-26-22, Page 88 of 245
Transmittal Memorandum
Lakemont PURD/Subdivision Preliminary Application
. June 22, 2021
:. Community Development Department
City of Moses Lake
t=i.o. Box 1579
Moses Lake, WA 98837
. Kim Foster, General Council
PIA, LLC
Kim Foster, General Council
1600 Lind Avenue SW, Ste 220
Renton, Washington 98065
Phone: (425) 264-1000
E-mail: kfoster@aspigroup.com
RECEIVED
COMMUNITY DEVgLOPMENT
AUG 13 2021
PLANNING AND BUILDING
CITY OF MOSES LAKE
Subject: Lakemont PURD Preliminary PURD and Preliminaiy PURD Subdivision
Application Including Requests for PURD and Subdivision Waivers,
Deviations, Deferrals and City Cost Share.
Enclosed please find for processing the following items:
* Land Use Action Application for PURD / PURD Major Plat
* Check for Application Fees Totaling $1,750.00: (PUD Application $1,000), (Preliminary
Major Plat $500), and (Environmental Checklist $250.00)
* Project Narrative Description and Concurrency Statement
* Environmental Checklist
* Traffic Memorandum
* Pat Certificate
* One (1 ) 1 "I "x1 7" Reduced Copy of the PURD / Preliminary Plat Site Plan
* One (1) 11"x'l7" Reduced Copy ofthe PURD/Preliminary Plat
* Three (3) Full size paper copies Preliminary PuRD Site Plan and Preliminary Plat.
* Three (3) Full size paper copy sets PURD and PURD Preliminary Plat Map
* Request for PURD and Subdivision Waivers, Deviations, Deferrals and City cost Share
are included in this Transmittal Memorandum.
* Electronic Copies of Plat Maps and Site Plan Maps Provided Upon Request
Request for PURD Deviations (Bulk and Dimensional Standards): The following PURD
deviations are requested to the Bulk and Dimensional Standards of the of the R-I Zone District.
1. Deviation to Minimum Lot Size from 7,000 Sq. ft. to 5,1 "I 1 Sq. Ft.
2. Deviation to Minimum Corner Size from 7,700 Sq. Ft. to 5,000 Sq. Ft.
3. Deviation of Minimum Lot Width from 65 feet to 50 feet with corresponding 3:1 length
to width ratio.
4. DeviationsofMinimumCornerLotwidthfrom70feetto50feetwithcorresponding3:1
length to width ratio.
Page I of 3
Moses Lake Council Packet 4-26-22, Page 89 of 245
5. Deviation of minimum Lot length from 100 feet to allow lesser lot length (depth) with
corresponding 3:1 length to width ratio.
6. Deviation to reduce the Exterior Side Yard Set Back to 10 feet
7. Deviations to Block Length. (Exceeding 660 feet from intersection to Intersection).
Request for PURD Subdivision Waivers, Deviations, Deferrals and City Cost Share:
Design, permitting and construction of street improvements other than those proposed herein to
be constructed by the developer are presumed to be the responsibility of the City of Moses Lake
and or adjacent property owners.
The following PURD Subdivision Street Waivers, Deviations, Deferrals and City Cost Share are
requested.
1. Deviation and / or City Cost Share for Half Width Street Improvements to West
Burk Drive: This adjacent street will be constructed by the developer to City half width
standards terminating in a cul-de-sac along the northern frontage of the PURD upon
West Burk Drive. This half width street will be dedicated to the City. Design and
construction of street improvements other than those proposed herein to be constructed
by the developer are presumed to be the responsibility of the City of Moses Lake and /
or adjacent property owners. Half width street improvements are sufficient to
adequately serve PURD lots having frontage upon West Burk Drive. If the City requires
full width street improvements to West Burk Drive, the Developer is requesting a Cost
Share with the City; with, the City being responsible for the cost of design and
construction for the remaining half width street improvements to West Burk Street
adjacent to the existing Humphrey Subdivision.
2. Deviationand/orCityCostShareforSouthJamesStreet: Thisinternalstreetwill
be constructed by the developer to City Street Standards from its connection to S.
Beaumont Drive and terminating at the southern boundary of adjacent Public Property
and southern PUD Easement Boundary. Through street improvements are not required
to adequately serve the PURD.
The Developer is requesting a Deviation to allow the street to terminate at the Southern
PUD Easement Boundary. If the City requires the extension of S. James Street from
the southern boundary of the PUD easement to the existing off-site terminus of the street
located to the north of the PURD site, the Developer is requesting a Cost Share with the
City; with, the City being responsible for the cost of permitting, design and construction
of the street across adjacent public property and PUD Easement to the existing off-site
terminus of the street located to the north of the property.
3. Deviation and / or City Cost Share for South Bailey Avenue:
This internal street will be constructed by the developer to City Street Standards from its
connection to S. Beaumont Drive and terminating at the southern boundary of adjacent
Public Property and southern PUD easement boundary. Through street improvements
are not required to adequately serve the PURD.
The Developer is requesting a Deviation to allow the street to terminate at the southern
boundary of the adjacent Public Property and PUD Easement Boundary. If the City
Page 2 of 3
Moses Lake Council Packet 4-26-22, Page 90 of 245
requires the extension of S. Bailey Avenue from the southern boundary of the adjacent
Public Property and PUD Easement boundary to the existing off-site terminus of the
street located to the north of the PUR, the Developer is requesting a Cost Share with the
City; with, the City being responsible for the cost of permitting, design, and construction
of the street through the PUD Easement to the existing off-site terminus of the street
located to the north of the property
4. South Eastlake Drive - Deviation for Half Width Street Improvements and City
Cost Share:
This adjacent street will be constructed by the developer to City half width standards
along the frontage of the PURD upon South Eastlake Drive. Improvements to the west
half of the street will include a sidewalk The City will be responsible for connection /
construction of the of the sidewalk from its terminus at the southern boundary of the
PURD to S. Division Street.
Design and construction of street improvements other than those proposed herein to be
constructed by the developer are presumed to be the responsibility or the City of Moses
Lakeand/oradjacentpropertyowners. Halfwidthstreetimprovementsaresufficientto
adequately serve PURD lots having frontage upon S. Eastlake Drive.
If the City requires full width street improvements to S. Eastlake Drive along the frontage
of the PURD, the Developer is requesting a Cost Share with the City and / or adjacent
property owners for the cost of permitting, design and construction for the remaining half
width and off-site street improvements.
If the City requires the off-site extension / connection of S. Eastlake Drive to the existing
off-site terminus of S. East Lake Drive (located to the north) and / or to S. Division
Street, the Developer is requesting a Cost Share with the City and/or adjacent property
owners for the cost of permitting, design, and construction of said street improvements.
Please call me if you have any questions or if I can be of any further assistance.
Sincerely,
Kim Foster, General Council
Attachments As Noted.
CC: Del Green, PE
Columbia Northwest Engineering, PS
249 N. Elder Street
Moses Lake, WA 98837
Phone: (509) 766-1226
E-Mail: Del.L.Green@cnweng.com
Page 3 of 3
Moses Lake Council Packet 4-26-22, Page 91 of 245
1600 Lind Ave. S.W., Suite 220
Renton, Washington 98055
425.264.1000 FAX 425.264.1268
www.ASPIGroup.com
December 16, 2021
Vivian Ramsey
Planning Manager
Community Development Department
City of Moses Lake
321 S. Balsam
Moses Lake, Washington 98837
Re: Lakemont Planned Unit Development PLN2021-0048and 049
Supplemental Responses to City of Moses Lake Letter
Dated September 23, 2021
Dear Ms. Ramsey:
In response to your letter dated September 23, 2021, advising that the above-described application for
the Lakemont Planned Unit Development had been deemed complete by default, we are submitting the
following. These responses follow the order of your letter.
Per Del Green, Columbia NW Engineering, the CE of record for the project, three copies were submitted
with the application.
Moses Lake Council Packet 4-26-22, Page 92 of 245
In the Application documents, under PURD Planning Objectives, Rational (Constraints and Opportunities)
the following explanation was provided:
PURD Planning Objectives, Rational (Constraints and Opportunities):
PURD Rational: Development of the property as a PURD will facilitate the efficient and
utilitarian infill of the site for clustered single family residential development accommodating
the unique shape, terrain, topography, physical constraints of the property, and the existing
street system serving the general area.
Additionally, development of the property as a PURD will afford design flexibility that will
better utilize the potentials of the site; thereby, providing for the maximum efficiency in the
layout of streets, utilities, and other public improvements. Development of the site as a
PURD will produce an integrated and balanced clustered single-family residential
development with a diversity of SFR design options and opportunities benefitting the
Community as a whole and enhancing the availability of housing opportunities in the
community.
Enhancements to facilities in the existing Power Point Park and complimentary
enhancements to the City Trail System will benefit the public with greater recreational
opportunities.
Given the critical lack of housing in Moses Lake to accommodate industrial employment growth
combined with the population growth associated with the new LDS Temple close by as well as the new
high school and hospital complex, it is anticipated that construction will commence upon the earlier of
PURD approval and the spring weather window. It is further anticipated that the PURD will be
constructed in one phase with the possible exception of the lots located along the Eastlake ROW. The
adjoining landowner to the east is also in the stages of its development so concurrent construction of
Eastlake Drive may benefit the schedule of lot construction in that area.
The Applicant’s intention is to sell the finished lots to a single entity homebuilder. It is possible that, as
an alternative, the approved PURD may be sold to a developer/homebuilder who would both construct
the PURD improvement and build the homes.
Moses Lake Council Packet 4-26-22, Page 93 of 245
The Application documents under “Narrative Description and Concurrency Statement provided the
following under the heading “PURD Metrics”:
PURD Metrics:
PURD Gross Acreage (Including: Waterfront; and Clustered SFR Subdivision:
25.703+/- acres.
PURD Park and Waterfront Amenities:
a. Pedestrian Travel Ways / Sidewalks: Sidewalks will be constructed as part of the
street Geometry for all internal streets. A sidewalk providing internal access to the
existing Power Point Park will be constructed connecting S. Baily Drive to S. James
Street and connecting S. James Street to a secondary Pedestrian entrance to the
existing Power Point Park.
b. Construction and dedication of a Pavilion to the City of Moses Lake in the exiting
Power Point Park for the use of the Public. The Day Use Pavilion (Covered Picnic
Table Area) will be an open roofed structure measuring 20 feet by 20 feet. The
Pavilion will be a dry facility with no wet or dry utility services.
c. Construction of a sidewalk complimenting the City Trail System adjacent to S. East
Lake Drive along the PURD frontage upon S. East Lake Drive; thereby, facilitating
the construction of a connection by the City of Moses Lake to the existing sidewalk
on the west side of S. Division Street.
d. Maintenance of existing permitted waterfront Pedestrian Trails on the Shoreline
Tracts.
PURD Upland Area Gross Acreage: 25.7039 +/- Acres. Total Acres.
Clustered Residential Lots & Streets: 14.79 +/- Acres.
Streets: . 3.56 +/- Acres.
Tract 1 (Waterfront): 6.48 +/- Acre.
Tract 2 (Waterfront): 0.87 +/- Acres.
Dwelling Unit Density:
Total Gross PURD SFR Density: 1 DU / 9,649.87 +/- Square Feet
PURD Single Family Residential Lots:
Number of SFR Lots: 98
Lot Size Range: Low 5,131 +/- Sq. Ft. to High of 13,111 +/- Sq. Ft.
Moses Lake Council Packet 4-26-22, Page 94 of 245
Average SFR Lot Size: 6,425 Sq. Ft.
Minimum Lot Width at Center of SFR Building Pad: 50 Feet.
Lot length to Width Ratio: All lots are
configured and laid out with a minimum 3:1 length to width ratio.
Building Height: Maximum Building Height 30’.
Lot Setbacks (Minimum): Consistent with R-1 Zone District Standards.
Front Yard Set Back / Living Space: 20 Feet.
Exterior Side Yard Set Back/ Living Space and Garage: 10’
Front Yard Set Back / Garage: 25 Feet.
Front Yard & Exterior Side Yard Setback Unenclosed Areas: 10 Feet.
Interior Side Yard: 5 Feet
Rear Yard Setback: 25 Feet.
Rear Yard Setback Corner Lot: 10 % of Lot Depth.
Request for PURD Deviations (Bulk and Dimensional Standards): The following
deviations are requested to the Bulk and Dimensional Standards of the of the R-1 Zone
District.
1.Deviation to Minimum Lot Size from 7,000 Sq. ft. to 5,111 Sq. Ft.
2.Deviation to Minimum Corner Size from 7,700 Sq. Ft. to 5,000 Sq. Ft.
3.Deviation of Minimum Lot Width from 65 feet to 50 feet with corresponding 3:1
length to width ratio.
4.Deviations of Minimum Corner Lot width from 70 feet to 50 feet with corresponding
3:1 length to width ratio.
5.Deviation of minimum Lot length from 100 feet to allow lesser lot length (depth)
with corresponding 3:1 length to width ratio.
6.Deviation to reduce the Exterior Side Yard Set Back to 10 foot
7.Deviations to Block Length. (Exceeding 660 feet from intersection to Intersection).
SFR Housing Types: PURD housing types are characterized as small footprint single, and two
story detached single family Residential dwelling units with 2 or 3 bedrooms and attached two
(2) car garage. Some models will have basements.
Clustered Single Family Residential Lots will range in size from 5,111 +/- square feet to 13,111
+/- square feet. PURD Gross Density will be one (1) SFR Dwelling Unit / 9,649 +/- square feet.
Moses Lake Council Packet 4-26-22, Page 95 of 245
The Application documents under “Narrative Description and Concurrency Statement provided the
following:
Vicinity Characteristics: The Site is zoned R-1, Single Family Residential. Development of
the PURD would constitute infill of a currently vacant area of land surrounded by single family
residential development on the north, south and west and by geophysical features and a City
Secondary Street on the East.
Adjacent properties are characterized as follows:
North: Uses and Activities: PUD Transmission Lines & Easement for Road Right of
Way.
Zoned: Public (PUD) Easement and Municipal Easement for Street)
South: Uses and Activities: Single Family Residential
Zoned: R-1, Single Family Residential
East: Uses and Activities: Vacant Land, City of Moses Lake Sewer Buster Pump
Station
and Grant County PUD Pelican Horn Substation, Eastlake Drive, and Division
Street beyond.
Zoned: R-3, Multi-Family Residential and
West: Uses and Activities: Single Family Residential, Power Point Park (City Park) &
Montlake Park (City Park)
Zoned: R-1 Single Family Residential
The Application documents under “Narrative Description and Concurrency Statement” provided the
following under the heading “Project Decsription”:
The property owner is proposing the development of a 25.7039 +/- acre Clustered Single Family
Residential Planned Unit Residential Development containing 98 Clustered Single Family
Residential lots. The PURD will include the Clustered SFR Subdivision providing for 98 SFR
Lots, Waterfront Areas (Tracts 1 and 2), and Tracts A and B consisting of common internal
pedestrian travel ways.
The PURD includes both the clustered SFR Subdivision containing 98 lots and the Waterfront
Areas with existing docks and trails (Tracts 1 & 2, respectively).
The topography, terrain, and shape of the PURD site is unique and constrained by the
physical features of the geographic location and the configuration of the existing streets
Moses Lake Council Packet 4-26-22, Page 96 of 245
serving the area. The site is located in a topographical bowl with steeper slopes along the
eastern boarder limiting access to portions of the site. (See the attached Site Plan showing
the existing topography of the site.)
The proposed internal PURD street alignments and PURD Layout are prescribed by the
geometry of the existing street system serving the area and the terrain and topography of the
site. The unique shape, topography and terrain of the site coupled with the geometry of the
existing street system constrain the utility and the opportunity for the efficient development of
the site for single family residential development. Development of the Property as a
clustered SFR PURD with deviations to the underling zone standards, as requested, would
facilitate the efficient development of the property with no negative impacts to the built or
human environment.
See also PURD civil engineering documents – sheets 1-4 that show lot locations, open space, roads and
trails.
This is a residential PURD. There is no ‘general landscape plan’. Each lot will have individual landscaping
attendant to the construction of the residence and in conformance with any City of Moses Lake
Development Code standards and with the requirements of the City Landscaping Regulations and
Standards.
The Application documents under “Narrative Description and Concurrency Statement” provided the
following information:
The topography, terrain, and shape of the PURD site is unique and constrained by the physical
features of the geographic location and the configuration of the existing streets serving the area.
The site is located in a topographical bowl with steeper slopes along the eastern boarder limiting
access to portions of the site. (See the attached Site Plan showing the existing topography of
the site.)
Existing Site Physical Characteristics: The property is currently characterized as vacant
undeveloped land with previously disturbed native vegetation. The site slopes upward toward
the northwest from the southeast corner of the property.
The site is not located in a geologically hazardous area and does contain a small area of slopes
over 15%. There are no wetlands, streams, rivers, or lakes on or near the site or in close
proximity. The site does not contain designated fish or wildlife priority habitats.
Grading: No off-site fill is needed. Grading (cut and fill) and trenching will occur for road, utility,
and lot site preparation. Grading (cut and fill) is estimated to be approximately 60,000 +/- cubic
yards. Grading will be necessary for the proposed roads. Trenching for water, sewer
improvements and on-site storm water control infrastructure. Streets will closely conform to the
Moses Lake Council Packet 4-26-22, Page 97 of 245
existing topography minimizing the amount of excavation required. Balanced grading and filling
across the site will occur with road construction, site grading and landscaping in conformance with
all applicable requirements of local, state, and federal regulations and applicable street and utility
construction plans. On-site grading will result in a near zero site soil balance. Fill soils will not
be imported. Only under pavement gravel will be imported onto the site.
Critical Areas:
Geological Hazardous Areas: A very small portion of the SFR PURD Development
area is characterized with slopes in the range of 10% to 15%. Areas of containing
slopes in this range will be included in individual lot areas; but will not be developed for
roads or building pad sites. These areas will function as a landscape amenity associated
with individual lots within the subdivision and will facilitate view lots. A Geotechnical
Report will be prepared for the Site. Development will be in compliance with
Geotechnical Report recommendations for footings, foundations, roads, stormwater
drainage and control, and slope stability.
Shorelands: There are no Shorelands identified within or adjacent to the SFR
Development Area as per the National Wetlands Inventory Maps. Moses Lake, the lake,
is located approximately 700 feet to the west of the SFR Development Area with S.
Beaumont Drive and existing Single-Family residences located between the SFR
Development Area and the lake. No development will occur within 200 feet of the
shoreline of Moses Lake.
See PURD civil engineering drawings submitted with the Application – specifically sheet 7 that shows
existing topography contours.
See sheets 1,3 and 4 of the civil engineering plans submitted as part of the Application that
shows a Pedestrian Trail connecting Baily Street to James to the Power Point Park. Also, the
Planning Manager suggested - and the Applicant agreed - to construct a paved walking trailing
from where the existing Eastlake Drive connects to Division to the existing terminus of Eastlake
at the approximate location of the substation. Subsequently, the City Manager stated that she
wanted Eastlake built out as a street. If Eastlake is built out as a street, the walking pathway will
be replaced by sidewalks on Eastlake.
The Application documents under “Narrative Description and Concurrency Statement” provided the
following information:
Pedestrian Ways / Sidewalks: Sidewalks will be constructed as part of the street Geometry for
all internal streets and the west half of S. Eastlake Drive. A sidewalk pedestrian travel way will
be constructed internally from S. Bailey Street to S. James Street connecting to the existing
Public Park, thereby providing secondary access to the Power Point Park.
Moses Lake Council Packet 4-26-22, Page 98 of 245
Pedestrian Travel Ways / Sidewalks: Sidewalks will be constructed as part of the street
Geometry for all internal streets. A sidewalk providing internal access to the existing Power
Point Park will be constructed connecting S. Baily Drive to S. James Street and connecting S.
James Street to a secondary Pedestrian entrance to the existing Power Point Park.
Construction and dedication of a Pavilion to the City of Moses Lake in the exiting Power Point
Park for the use of the Public. The Day Use Pavilion (Covered Picnic Table Area) will be an
open roofed structure measuring 20 feet by 20 feet. The Pavilion will be a dry facility with no
wet or dry utility services.
Construction of a sidewalk complimenting the City Trail System adjacent to S. East Lake Drive
along the PURD frontage upon S. East Lake Drive; thereby, facilitating the construction of a
connection by the City of Moses Lake to the existing sidewalk on the west side of S. Division
Street.
Maintenance of existing permitted waterfront Pedestrian Trails on the Shoreline Tracts.
None. Individual lots may be fenced by the homebuilder and/or homeowner in compliance with City of
Moses Lake Development Code and/or Homeowners Association provisions.
The Application documents under “Narrative Description and Concurrency Statement” provided the
following information:
Home Owners Association: A Home Owners Association will be established for the PURD.
CC&Rs will be incorporated into the Home Owners Association Agreement. Common Areas will
be owned and maintained by the Home Owners Association.
The Applicant is proposing to transfer ownership of the waterfront tract to the City of Moses
Lake retaining an easement to access the existing dock structures.
See civil engineering drawings submitted with the application.
Moses Lake Council Packet 4-26-22, Page 99 of 245
The Application documents under “Narrative Description and Concurrency Statement” provided the
following information:
Parks: As a condition of approval of the Power Point 1 Preliminary and Final Plats and the
Power Point 2 & 3 Plats, the developer constructed a Park as required by the City of Moses
Lake. The Park was constructed based upon the criteria of approval for the Power Point 1, 2
and 3 Preliminary Plats including the area of the proposed PURD and the Power Point 1 Final
Plat. The Park was conveyed to the City of Moses Lake in 2013. The existing Park is improved
with lawn and street frontage landscaping.
Pursuant to MLMC 17.34, The developer is proposing to dedicate the Waterfront Areas (Tracts
1 and 2) to the City of Moses Lake exclusive of the private docks and appurtenant private
access easements for incorporation into the into the City Parks System In lieu of Payment of
Parks Fees.
Additionally, in lieu of Payment of Parks Fees, the Developer will construct and convey to the
City of Moses Lake a Pavilion in the existing Power Point Park; thereby, enhancing the existing
recreational facilities serving the residents of the area and future residents of the Lakemont
PURD. The Day Use Pavilion (Covered Picnic Table Area) in the existing City of Moses Lake
Power Point Park will be for the use of the Public. The Pavilion will be an open roofed structure
measuring 20 feet by 20 feet. The Pavilion will be a dry facility with no wet or dry utility services.
PURD Upland Area Gross Acreage: 25.7039 +/- Acres. Total Acres.
Clustered Residential Lots & Streets: 14.79 +/- Acres.
Streets: . 3.56 +/- Acres.
Tract 1 (Waterfront): 6.48 +/- Acre.
Tract 2 (Waterfront): 0.87 +/- Acres.
Moses Lake Council Packet 4-26-22, Page 100 of 245
See Geotechnical Report from Nelson Geotechnical Associates, Inc. dated December 7, 2021 and
received by the City of Moses Lake Planning Manager on December 8, 2021.
The Application documents under “Narrative Description and Concurrency Statement” provided the
following information:
Flood Zone Status: The site is not located in a Flood Hazard Area. The site is designated as
an Area of Minimal Flood Hazard, Zone X FIRM Map Panel 53025C1310C , Effective
02/18/2009.
The site of the proposed subdivision was previously the site of the Power Point 1, 2 & 3 Major
Plat. The Preliminary Plat for the Power Point 1, 2 & 3 Subdivision(s) was approved December
13, 2005. The Power Point #1 plat was completed in 2007. The Crossings Short Plat was
developed by the same developer and completed in 2007 on adjacent property. Due to adverse
national, regional, and local market conditions (recession) during the period 2008 to 2012 the
developer was unable to complete the subdivision. The Preliminary Plat approval period for
Power Point 2 and 3 expired on December 13, 2013 and upon expiration became null and void.
With the final platting of the Power Point 1 Subdivision, the developer completed the storm
water control infrastructure to serve all three subdivisions (Power Point 1, 2 and 3) and the
Power Point Park as required by the City as a condition of approval of the Preliminary Plat for
Subdivisions 1, 2 and 3. The completed Storm Water Control infrastructure and the Power
Point Park were dedicated (conveyed) to the City and accepted by the City of Moses Lake into
the City’s storm water control infrastructure and Parks System respectively. In 2007 the existing
waterfront trails and private community docks were permitted and constructed.
Please advise if there is anything else that you need, Vivian. Thank you for your help.
Sincerely yours,
Kim Foster
Kim Foster
Corporate Counsel
(206) 356-4936
Moses Lake Council Packet 4-26-22, Page 101 of 245
Exhibit B
Moses Lake Council Packet 4-26-22, Page 102 of 245
Moses Lake Council Packet 4-26-22, Page 103 of 245
Moses Lake Council Packet 4-26-22, Page 104 of 245
Moses Lake Council Packet 4-26-22, Page 105 of 245
Moses Lake Council Packet 4-26-22, Page 106 of 245
Moses Lake Council Packet 4-26-22, Page 107 of 245
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
January 20, 2022
Vivian Ramsey
Planning Manager
Department of Community Development
321 S. Balsam Street
PO Box 1579
Moses Lake, WA 98837
In future correspondence please refer to:
Project Tracking Code: 2022-01-00372
Property: City of Moses Lake_Lakemont Planned Development District
Re: Survey Highly Advised
Dear Vivian Ramsey:
Thank you for contacting the Washington State Historic Preservation Officer (SHPO) and
Department of Archaeology and Historic Preservation (DAHP) and providing documentation
regarding the above referenced project. These comments are based on the information
available at the time of this review and on behalf of the SHPO in conformance Washington State
law. Should additional information become available, our assessment may be revised.
Our statewide predictive model indicates that there is a high probability of encountering cultural
resources within the proposed project area. The proximity of the proposed project area to the
shore of Moses Lake compounds this risk. Further, the scale of the proposed ground disturbing
actions would destroy any archaeological resources present. Identification during construction is
not a recommended detection method because inadvertent discoveries often result in costly
construction delays and damage to the resource. Therefore, we highly advise that a
professional archaeological survey of the project area be conducted and a report be produced
prior to ground disturbing activities. This report should meet DAHP’s Standards for Cultural
Resource Reporting.
We also recommend that any historic buildings or structures (45 years in age or older) located
within the project area are evaluated for eligibility for listing in the National Register of Historic
Places on Historic Property Inventory (HPI) forms. We highly encourage the SEPA lead agency
to ensure that these evaluations are written by a cultural resource professional meeting the SOI
Professional Qualification Standards in Architectural History.
Please note that the recommendations provided in this letter reflect only the opinions of DAHP.
Any interested Tribes may have different recommendations. We appreciate receiving any
correspondence or comments from Tribes or other parties concerning cultural resource issues
that you receive.
Thank you for the opportunity to comment on this project. Please ensure that the DAHP Project
Tracking Number is shared with any hired cultural resource consultants and is attached to any
Exhibit C
Moses Lake Council Packet 4-26-22, Page 108 of 245
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
communications or submitted reports. Please also ensure that any reports, site forms, and/or
historic property inventory (HPI) forms are uploaded to WISAARD by the consultant(s).
Should you have any questions, please feel free to contact me.
Sincerely,
Sydney Hanson
Transportation Archaeologist
(360) 280-7563
Sydney.Hanson@dahp.wa.gov
Moses Lake Council Packet 4-26-22, Page 109 of 245
Moses Lake Council Packet 4-26-22, Page 110 of 245
Moses Lake Council Packet 4-26-22, Page 111 of 245
Page 3 of 4
17.24.040 WATER MAINS:
a. The applicant shall install water main improvements for the full length of all streets within and adjacent to
the subdivision, unless the Municipal Services Director determines that the additional water main provides
no additional benefit.
b. Fire hydrants are not required to be installed when water mains are installed through or adjacent to
property other than the proposed subdivision. (Ord. 2823, 9/13/16; Ord. 2576, 7/27/10; Ord. 2390, 4/22/08)
Currently water is available to serve this project.
The 32' municipal easement running along the north property line is dedicated for a drain for the
City of Moses Lake well. This drain will need to be addressed duig the design and construction of
this project. The City will participate in the costs associated with this drain. Prior to construction a
detailed cost estimate shall be provided to the City for review.
17.24.040 SEWER MAINS:
The applicant shall install sewer main improvements for the full length of streets within and adjacent to the
subdivision, unless the Municipal Services Director determines that the additional sewer main provides no
additional benefit. (Ord. 2823, 9/13/16; Ord. 2576, 7/27/10; Ord. 2390, 4/22/08)
Records indicate sewer has been stubbed out from Beaumont Drive to serve James, Bailey and
Burke.
Gravity sewer will be required to be installed in Eastlake Drive.
17.24.060 STORM DRAINAGE
a. Since stormwater is part of the street improvements, the applicant shall install the stormwater
improvements in accordance with MLMC 17.24.030. A.
b. The City Engineer may approve plans submitted by the applicant's engineer to divert or enclose natural
drainage in and through the subdivision. The applicant shall bear all costs associated with diverting or
enclosing natural drainage.
c. All storm drainage in City streets shall drain from the asphalt to concrete gutters, then to approved
stormwater stnuctures such as catch basins and dells. All stormwater between stormwater stnuctures shall
be in underground pipes.
d. Washington State Department of Ecology approval is required for all stormwater facilities before
construction plans will be approved. (Ord. 2823, 9/13/16; Ord. 2576, 7/27/10; Ord. 2390, 4/22/08
Applicant shall be required to design and install storm drainage. Design shall meet or exceed
standards set by the Department of Ecology Stormwater Manual for Eastern Washington.
Typical drywells have been deemed ineffective in this area. The applicant will be required to work
with the City of Moses Lake to come up with a design that will comply with the City's stormwater
permit.
17.24.060 SIDEWALKS
All sidewalks required with a subdivision shall be completed prior to acceptance of required municipal
improvements. This section does not allow for the completion of sidewalks for each lot at the time of
building constnuction. (Ord. 2576, 07/27/2010; Ord. 2390,04/22/2008.)
Sidewalk improvements should be installed with the roadway improvements.
Moses Lake Council Packet 4-26-22, Page 112 of 245
Moses Lake Council Packet 4-26-22, Page 113 of 245
January 12, 2021
Michelene Torrey, Permit Tech
Planning Department
321 S Balsam Ave
Moses Lake, WA 98837
mtorrey@cityofml.com
RE Lakemont Pre-App Fire Comments
City of Moses Lake Fire Department
Fire Marshal's Office
701 E 3'd Aye Moses Lake WA 98837
Fire Marshal's Office (509) 764-3852
www.cityofml.com
I have reviewed the documents submitted on this project and have the following comments
regarding the development:
* Fire Protection Class rating of 5 within 2 miles of station 1.
* Roads must be hard surfaced before combustibles are on site.
* Hydrants must be installed and accepted prior to combustibles are on site to include storz
fittings.
* Road signs must be installed prior to construction of buildings.
@ Over 30 residential units will require two access points. This can be deferred if the future
connection is with in I year of the initial development. This sunset clause would need to
be in place for construction past 30 units.
* MLMC 16.50.040 Fire flow requirements for buildings (E) fire flow adjustments on
structures exposures O-10 have an 25% increase. The base fire flow is 1000 gpm this will
be increased to 1250 gpm. There is some question if this area currently meets fire flow.
This project may assist in an improvement in fire flow with new lines and looping.
@ Due to the density in this proposed plat the use of NFPA13D sprinkler systems for life
safety would be recommended.
* The fire hydrants typically have a 600-foot spacing on the corners is normal placing is
residential areas. The density you may need to decrease the separation to 500 feet.
* The requirement for noncombustible fences ie chain link or stucco/ concrete.
Moses Lake Council Packet 4-26-22, Page 114 of 245
* The setbacks being reduced we will need to look at the International Wildland Urban
Interface Code. The wind in this area can be an issue in the spread of fire from one
structure to another. There are different building materials addressed in the WUI code.
* The cul de sac will need to meet the standard of 96 feet in diameter.
* Roadway widths if decreased shall include no on street parking on one side of the road
and would require signage to this affect.
If you have any questions, please contact me at (509) 764-3852 or you may email at
dbeach(a,cityofml.com
Sincerely,
Digitally signed by Derek
Beach
Date: 2021.01'l2 17:08:00
-08 00
Derek Beach, Asst Fire Chief/Fire Marshal
Moses Lake Council Packet 4-26-22, Page 115 of 245
Allow sender | Block sender
From:Jonathan Erickson
To:Vivian Ramsey
Cc:Robin Adolphsen
Subject:Lakemont Preliminary Subdivision RE: Comments
Date:Monday, January 10, 2022 9:23:11 AM
Caution! This message was sent from outside your organization.
Vivian,
ECBID has no comments at this time, regarding the request received. Please let me know if there
are any further questions.
v/r,
Jon Erickson
Project Manager
East Columbia Basin Irrigation District
55 N. 8th Ave, Othello, WA. 99344
Ph: (509) 488-9671 ext. 135
Cell: (509) 989-6364
Fax: (509) 488-6433
Moses Lake Council Packet 4-26-22, Page 116 of 245
January 26, 2022
Vivian L. Ramsey
Planning Manager
City of Moses Lake
321 S. Balsam St
P.O. Box 1579
Moses Lake, WA 98837-0244
Re: Lakemont Planned Development District and Preliminary Major Subdivision
File: PLN2021-0048 and 0049
Dear Vivian L. Ramsey:
Thank you for the opportunity to comment on the Notice of Application and anticipated
Determination of Nonsignificance regarding the Lakemont Planned Development District and
Preliminary Major Subdivision project (Proponent: PIA, LLC). After reviewing the documents,
the Department of Ecology (Ecology) submits the following comments:
Hazardous Waste and Toxic Reduction Program-Huckleberry Palmer (509) 952-5442
Please keep in mind that during the construction activities associated with the Lakemont
Planned Development District and Preliminary Major Subdivision project, some
construction-related wastes produced may qualify as dangerous wastes in Washington
State. Some of these wastes include:
Absorbent material
Aerosol cans
Asbestos-containing materials
Lead-containing materials
PCB-containing light ballasts
Waste paint
Waste paint thinner
Sanding dust
Treated wood
You may find a more comprehensive list, as well as a link to identify and designate your
wastes on the Common Construction and Demolition Wastes website at
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Dangerous-
waste-guidance/Common-dangerous-waste/Construction-and-demolition.
Moses Lake Council Packet 4-26-22, Page 117 of 245
Vivian Ramsey
January 26, 2022
Page 2
Responsibility for construction waste generated at a facility is the responsibility of the
facility that generates the waste. The waste generator is the person who owns the site.
Even if you hire a contractor to conduct the demolition or a waste service provider to
designate your waste, the site owner is ultimately liable. This is why it is important to
research reputable and reliable contractors.
In order to adequately identify some of your construction and remodel debris, you may
need to sample and test the wastes generated to determine whether they are
dangerous waste.
For more information and technical assistance, contact Huckleberry Palmer at (509)
952-5442 or via email at Huckleberry.Palmer@ecy.wa.gov.
Water Resources Program-Herm Spangle (509) 329-3488
The water purveyor is responsible for ensuring that the proposed use(s) are within the
limitations of its water rights. If the proposal’s actions are different than the existing
water right (source, purpose, the place of use, or period of use), then it is subject to
approval from the Department of Ecology pursuant to Sections 90.03.380 RCW and
90.44.100 RCW.
For more information or technical assistance, please contact Herm Spangle at (509) 329-
3488 or via email at Herm.Spangle@ecy.wa.gov.
State Environmental Policy Act (SEPA)-Cindy Anderson (509) 329-3442
Ecology bases comments upon information submitted for review. As such, comments
made do not constitute an exhaustive list of the various authorizations you may need to
obtain, nor legal requirements you may need to fulfill in order to carry out the proposed
action. Applicants should remain in touch with their Local Responsible Officials or
Planners for additional guidance.
For more guidance on, or to respond to the comments made by Ecology, please contact the
appropriate staff listed above at the phone number or email provided.
Department of Ecology
Eastern Regional Office
(Ecology File: 202200080)
cc: Kim Foster, General Council, PIA, LLC
Moses Lake Council Packet 4-26-22, Page 118 of 245
Allow sender | Block sender
From:Stephanie Shopbell
To:Vivian Ramsey
Subject:RE: Lakemont PDD SEPA Review
Date:Monday, January 10, 2022 12:21:14 PM
Attachments:image002.png
Caution! This message was sent from outside your organization.
No comments from GCHD.
Thanks,
Stephanie Shopbell
Environmental Health Manager
1038 W Ivy St
Moses Lake WA 98837
Phone: 509-766-7960 ext 41 l Cell: 509-793-4406 l sshopbell@granthealth.org l Fax:
509-766-6519 l granthealth.org
Always working for a safer and healthier Grant County
CONFIDENTIALITY NOTICE: This e-mail message and any attachments are for the sole use of the intended recipient(s) and
may contain proprietary, confidential or privileged information. Any unauthorized review, use, disclosure or distribution is
prohibited and may be a violation of law. If you are not the intended recipient or a person responsible for delivering this
message to an intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
This e-mail may be considered subject to the Public Records Act and as such may be disclosed by Grant County Health District
to a third-party requestor.
From: Vivian Ramsey <vramsey@cityofml.com>
Sent: Friday, January 7, 2022 3:19 PM
To: Cascade Natural Gas <sgrant@cngc.com>; Charlotte Snow <csnow@usbr.gov>; Craig Simpson
<csimpson@ecbid.org>; dhooper@grantcountywa.gov; Danielle Rice (drice@grantcountywa.gov)
<drice@grantcountywa.gov>; Darryl Pheasant (dpheasant@grantcountywa.gov)
<dpheasant@grantcountywa.gov>; Dave Harsh <dave.harsh@dnr.wa.gov>; David Bren
<dbren@cityofml.com>; Dept of Archeology and Historic Preservation <SEPA@dahp.wa.gov>; DFW
<WDFWR2Planning@dfw.wa.gov>; Ecology Shorelines <jacob.mccann@ecy.wa.gov>; Gina Hoff
(ghoff@usbr.gov) <ghoff@usbr.gov>; Grant PUD <lands@gcpud.org>; Guy Moura (HSY)
<Guy.Moura@colvilletribes.com>; Kevin Fuhr <kfuhr@cityofml.com>; Lee Creiglow
<lcreiglow@cityofml.com>; Lindee Kirkendall <lindee.l.kirkendall@usps.gov>;
lmprescott@grantcountywa.gov; Marion F. Jr. Agbisit (Marion.Agbisit@vyvebb.com)
<Marion.Agbisit@vyvebb.com>; Michele Porter <mporter@usbr.gov>; Moses Lake Irrigation District
<mlird@mlird.org>; rbuck@gcpud.org; Richard Law <rlaw@cityofml.com>; Rob Harris
<rharris@cityofml.com>; Robert Sloma (robert.sloma@colvilletribes.com)
<robert.sloma@colvilletribes.com>; Robin Adolphsen <radolphsen@ecbid.org>; Stephanie Shopbell
<sshopbell@granthealth.org>; Susan Schwiesow <sschwiesow@cityofml.com>; Tyler Kelsey
Moses Lake Council Packet 4-26-22, Page 119 of 245
<Tyler.Kelsey@centurylink.com>; William "Joe" Connolly (jconnolly@mlsd161.org)
<jconnolly@mlsd161.org>; WSDOT <NC-review@wsdot.wa.gov>
Subject: Lakemont PDD SEPA Review
Attached is the SEPA Checklist and application materials for the Lakemont Planned Development
District.
A copy of the Geotechnical Report is available on request.
The comment period ends on January 27, 2022.
Vivian Ramsey
Planning Manager
Department of Community Development
321 S. Balsam Street
PO Box 1579
Moses Lake WA 98837
509.764.3749
vramsey@cityofml.com
NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail
account may be a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant
to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party.
Moses Lake Council Packet 4-26-22, Page 120 of 245
MOSES LAKE
CITY OF MOSES LAKE
PARKS, RECREATION & (an,rt SERVICES
411 S. BALSAM
MOSES LAKF,, WA 98837
(509) 764-3805
Vivian Ramsey
PO Box 1579
Moses Lake, WA 98837
Dear Vivian,
Regarding the Lakemont Preliminary Major subdivision, following are our concerns and
recoinmendations.
The construction of a day use pavilion in Power Point Park, the current location of the shelter
needs to be relocated in the park and work with Parks, Recreation & Cultural Services Director
and Parks Maintenance Superintendent for appropriate location, design and materials. We would
like the pedestrian trail to continue into the park and end at the shelter. The Parks, Recreation &
Cultural Services Director and/or the Parks Maintenance Superintendent will have final approval
for the shelter.
Moses Lake Parks, Recreation & Cultural Services will accept the proposed waterfront areas
(Tracts 1 and 2) as public land. This includes the docks and all areas, as no area can be
considered private. The tracts would enhance the area and be a benefit to Montlake Park and the
boat launch area with additional moorage.
We look forward to working on this project and the benefits it will being for the development
and our community
If you have any additional questions, please contact me at sschwiesow@cityofml.com or
509.764.3810.
Thank You
%jtt')t7t/r4 yA4't'ciddz.v' -
Susan Schwiesow
Parks, Recreation & Cultural Services Director
Moses Lake Council Packet 4-26-22, Page 121 of 245
Moses Lake Council Packet 4-26-22, Page 122 of 245
Moses Lake Council Packet 4-26-22, Page 123 of 245
Moses Lake Council Packet 4-26-22, Page 124 of 245
Moses Lake Council Packet 4-26-22, Page 125 of 245
From:Region2 Planning (DFW)
To:Vivian Ramsey
Subject:RE: Lakemont PDD SEPA Review
Date:Thursday, January 20, 2022 11:28:19 AM
This sender is trusted.
Good morning, Vivian.
I reviewed the application material for the proposed Lakemont PreliminaryMajor Subdivision and Planned Development District (PDD) in Moses Lake.The proposed PDD will have two tracts located directly adjacent to Moses Lakethat will remain undeveloped, and WDFW understands the two tracts willcontinue to be owned and maintained by the Lakemont Development HomeOwner’s Association. Since the two undeveloped tracts are adjacent to a Fishand Wildlife Habitat Conservation Area (FWHCA), WDFW recommends theCity of Moses Lake and the developer/Home Owner’s Association consider andadopt covenants intended to help reduce potential impacts the developmentmay have to fish and wildlife and their habitats.
The developer or Home Owner’s Association should create a HabitatManagement and Maintenance Plan (HMMP) for the undeveloped tracts, toavoid and minimize impacts to the adjacent FWHCA. The HMMP should
include covenants including: 1) A spring/summer (April 1st to July 31st)closure of the undeveloped areas to protect nesting waterfowl and westerngrebes, as well as their broods, 2) Prohibiting the use of motorized vehicles inthe undeveloped tracts, 3) Limiting foot and bicycle travel in the open tractareas to developed pathways, 4) Requiring dogs to be leashed at all times, 5)Commitment to the restoration of any disturbed areas with native vegetation,and 6) Create and institute an invasive weed control plan.
If you have any questions, please feel free to contact me at 509-630-2729.
Eric
Eric Pentico
Washington Department of Fish and Wildlife
Habitat Biologist
Region 2 Office – Ephrata, WA
Office: (509) 754-4624 ext. 215
Cell : (509) 630-2729
Email : eric.pentico@dfw.wa.gov
Work Schedule: Mon.-Thurs - 6:30 a.m to 8:00 a.m. email and cellular phone
8:00 a.m. - 5:00 p.m. office hours
Moses Lake Council Packet 4-26-22, Page 126 of 245
From: Vivian Ramsey <vramsey@cityofml.com>
Sent: Friday, January 7, 2022 3:19 PM
To: Cascade Natural Gas <sgrant@cngc.com>; Charlotte Snow <csnow@usbr.gov>; Craig Simpson
<csimpson@ecbid.org>; dhooper@grantcountywa.gov; Danielle Rice (drice@grantcountywa.gov)
<drice@grantcountywa.gov>; DOR Grant County Treasurer <dpheasant@grantcountywa.gov>;
HARSH, DAVE (DNR) <dave.harsh@dnr.wa.gov>; David Bren <dbren@cityofml.com>; DAHP SEPA
(DAHP) <sepa@dahp.wa.gov>; Region2 Planning (DFW) <WDFWR2Planning@dfw.wa.gov>; Ecology
Shorelines <jacob.mccann@ecy.wa.gov>; Gina Hoff (ghoff@usbr.gov) <ghoff@usbr.gov>; Grant PUD
<lands@gcpud.org>; Guy Moura (HSY) <Guy.Moura@colvilletribes.com>; Kevin Fuhr
<kfuhr@cityofml.com>; Lee Creiglow <lcreiglow@cityofml.com>; Lindee Kirkendall
<lindee.l.kirkendall@usps.gov>; lmprescott@grantcountywa.gov; Marion F. Jr. Agbisit
(Marion.Agbisit@vyvebb.com) <Marion.Agbisit@vyvebb.com>; Michele Porter
<mporter@usbr.gov>; Moses Lake Irrigation District <mlird@mlird.org>; rbuck@gcpud.org; Richard
Law <rlaw@cityofml.com>; Rob Harris <rharris@cityofml.com>; Robert Sloma
(robert.sloma@colvilletribes.com) <robert.sloma@colvilletribes.com>; Robin Adolphsen
<radolphsen@ecbid.org>; Shopbell, Stephanie (DOHi) <sshopbell@granthealth.org>; Susan
Schwiesow <sschwiesow@cityofml.com>; Tyler Kelsey <Tyler.Kelsey@centurylink.com>; William
"Joe" Connolly (jconnolly@mlsd161.org) <jconnolly@mlsd161.org>; WSDOT <NC-
review@wsdot.wa.gov>
Subject: Lakemont PDD SEPA Review
External Email
Attached is the SEPA Checklist and application materials for the Lakemont Planned Development
District.
A copy of the Geotechnical Report is available on request.
The comment period ends on January 27, 2022.
Vivian Ramsey
Planning Manager
Department of Community Development
321 S. Balsam Street
PO Box 1579
Moses Lake WA 98837
509.764.3749
vramsey@cityofml.com
Moses Lake Council Packet 4-26-22, Page 127 of 245
Block sender
From:Robert Sloma (HSY)
To:Vivian Ramsey
Cc:Guy Moura (HSY); Hanson, Sydney (DAHP)
Subject:RE: Lakemont PDD SEPA Review
Date:Thursday, January 20, 2022 4:07:43 PM
Caution! This message was sent from outside your organization.
Dear Ms. Ramsey,
The CCT recommends completion of a cultural resource survey of the proposed Lakemont PDD
project to reduce the possibility of adversely affecting any cultural resources.
The online Washington Information System for Architectural and Archaeological Records Data
(WISAARD) database hosted by the Department of Archaeology and Historic Preservation (DAHP)
characterizes the proposed Lakemont PDD project locality as very high sensitivity for containing as
yet undocumented cultural resources with survey highly advised. Significant cultural resources,
including funerary objects, sacred objects and items of cultural, patrimony, may exist undocumented
within the proposed Lakemont PDD project area despite surrounding historic and modern land use.
Furthermore, the proposed Lakemont PDD project area lies in close proximity to the historic road
from White Bluffs to Chelan which may have its antecedent in preexisting Native American overland
trails. Undocumented Historic and Precontact sites could exist near this transportation corridor.
Thank you for your assistance with protecting cultural resources. Please note that these comments
are based on information available to us at this time. We reserve the right to revise our comments as
information becomes available. Please contact me if you have any questions or concerns.
Robert A. Sloma
Archaeologist
History/Archaeology Program
Confederated Tribes of the Colville Reservation
PO Box 150
Nespelem, WA 99155
Tel: (509) 634-2692
Cell: (509) 557-2273
robert.sloma@colvilletribes.com
From: Vivian Ramsey [mailto:vramsey@cityofml.com] Sent: Friday, January 07, 2022 3:19 PMTo: Cascade Natural Gas; Charlotte Snow; Craig Simpson; dhooper@grantcountywa.gov; Danielle Rice(drice@grantcountywa.gov); Darryl Pheasant (dpheasant@grantcountywa.gov); Dave Harsh; David Bren;Dept of Archeology and Historic Preservation; DFW; Ecology Shorelines; Gina Hoff (ghoff@usbr.gov);
Moses Lake Council Packet 4-26-22, Page 128 of 245
Grant PUD; Guy Moura (HSY); Kevin Fuhr; Lee Creiglow; Lindee Kirkendall;lmprescott@grantcountywa.gov; Marion F. Jr. Agbisit (Marion.Agbisit@vyvebb.com); Michele Porter;
Moses Lake Irrigation District; rbuck@gcpud.org; Richard Law; Rob Harris; Robert Sloma (HSY); RobinAdolphsen; Stephanie Shopbell (sshopbell@granthealth.org); Susan Schwiesow; Tyler Kelsey; William"Joe" Connolly (jconnolly@mlsd161.org); WSDOTSubject: Lakemont PDD SEPA Review
Attached is the SEPA Checklist and application materials for the Lakemont Planned Development
District.
A copy of the Geotechnical Report is available on request.
The comment period ends on January 27, 2022.
Vivian Ramsey
Planning Manager
Department of Community Development
321 S. Balsam Street
PO Box 1579
Moses Lake WA 98837
509.764.3749
vramsey@cityofml.com
NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail
account may be a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant
to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party.
Moses Lake Council Packet 4-26-22, Page 129 of 245
From:Nelson, Maxwell
To:Vivian Ramsey
Subject:RE: [EXTERNAL] Lakemont PDD SEPA Review
Date:Thursday, January 13, 2022 2:13:44 PM
This sender is trusted.
Vivian,
Thank you for the opportunity to review and comment. WSDOT has no comments on this proposal.
-Max
From: Vivian Ramsey <vramsey@cityofml.com>
Sent: Friday, January 7, 2022 3:19 PM
To: Cascade Natural Gas <sgrant@cngc.com>; Charlotte Snow <csnow@usbr.gov>; Craig Simpson
<csimpson@ecbid.org>; dhooper@grantcountywa.gov; Danielle Rice (drice@grantcountywa.gov)
<drice@grantcountywa.gov>; Darryl Pheasant (dpheasant@grantcountywa.gov)
<dpheasant@grantcountywa.gov>; Dave Harsh <dave.harsh@dnr.wa.gov>; David Bren
<dbren@cityofml.com>; Dept of Archeology and Historic Preservation <SEPA@dahp.wa.gov>; DFW
<WDFWR2Planning@dfw.wa.gov>; Ecology Shorelines <jacob.mccann@ecy.wa.gov>; Gina Hoff
(ghoff@usbr.gov) <ghoff@usbr.gov>; Grant PUD <lands@gcpud.org>; Guy Moura (HSY)
<Guy.Moura@colvilletribes.com>; Kevin Fuhr <kfuhr@cityofml.com>; Lee Creiglow
<lcreiglow@cityofml.com>; Lindee Kirkendall <lindee.l.kirkendall@usps.gov>;
lmprescott@grantcountywa.gov; Marion F. Jr. Agbisit (Marion.Agbisit@vyvebb.com)
<Marion.Agbisit@vyvebb.com>; Michele Porter <mporter@usbr.gov>; Moses Lake Irrigation District
<mlird@mlird.org>; rbuck@gcpud.org; Richard Law <rlaw@cityofml.com>; Rob Harris
<rharris@cityofml.com>; Robert Sloma (robert.sloma@colvilletribes.com)
<robert.sloma@colvilletribes.com>; Robin Adolphsen <radolphsen@ecbid.org>; Stephanie Shopbell
(sshopbell@granthealth.org) <sshopbell@granthealth.org>; Susan Schwiesow
<sschwiesow@cityofml.com>; Tyler Kelsey <Tyler.Kelsey@centurylink.com>; William "Joe" Connolly
(jconnolly@mlsd161.org) <jconnolly@mlsd161.org>; NC-Review <NC-Review@WSDOT.WA.GOV>
Subject: [EXTERNAL] Lakemont PDD SEPA Review
WARNING: This email originated from outside of WSDOT. Please use caution with links and attachments.
Attached is the SEPA Checklist and application materials for the Lakemont Planned Development
District.
A copy of the Geotechnical Report is available on request.
The comment period ends on January 27, 2022.
Vivian Ramsey
Planning Manager
Department of Community Development
Moses Lake Council Packet 4-26-22, Page 130 of 245
321 S. Balsam Street
PO Box 1579
Moses Lake WA 98837
509.764.3749
vramsey@cityofml.com
NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail
account may be a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant
to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party.
Moses Lake Council Packet 4-26-22, Page 131 of 245
City ofMoses Lake
STATE ENVIRONMENTAL POLICY ACT
MOSES LAKE
REVISED
Mitigated Determination of Non-Significance
February 22, 2022
Lead agency: City of Moses Lake
Agency Contact: Vivian Ramsey, vramsey@cityofml.com, 509.764.3749
Agency File Number: PLN2021-0048 and 0049 Lakemont Planned Development District
Proposal - A 98-lot Planned Residential Development District (PRDD) on 25 acres. The PRDD
permits modifications of the bulk and use regulations and performance standards of the
underlying Rl-Single-Family Residential Zone.
Location: The project site, Parcel number 110052000, is located between S Beaumont Dr. and
Eastlake Dr. (unimproved) and east of Power Point Park. (47.1115N, 119.2868W)
Proponent: PIA, Kim Foster, kfoster@aspigroup.com, 425.264.1000
The City of Moses Lake has determined that this proposal will not have a probable significant
adverse impact on the environment. Pursuant to WAC 197-11-350(3), the proposal has been
clarified, changed, and conditioned to include necessary mitigation measures to avoid,
minimize or compensate for probable significant impacts. An environmental impact
statement (ELS) is not required under RCW 43.21C.030. The necessary mitigation measures
are listed below, the Environmental Checklist and other information is available. Contact
Vivian Ramsey for information.
This determination is based on the following findings and conclusions:
1. TheDepartmentofArchaeologyandHistoricPreservation(DAHP)statewide
predictive model indicates that there is a high probability of encountering cultural
resources within the project area. Therefore, a professional archaeological survey of
the entire project area will be conducted. The report will meet the DAHP's Standards
for Cultural Resource Reporting.
2. The proponent commissioned Nelson Geotechnical Associate, Inc. to prepare a
Geotechnical Engineering Evaluation on the subject property dated December 7,
2021. The report includes recommendations for site preparation and grading,
structural fill, temporary and permanent slopes, foundations, retaining walls, erosion
control and site drainage. The proponent will comply and implement the
Exhibit D
Moses Lake Council Packet 4-26-22, Page 132 of 245
recommendations identified in the Geotechnical Evaluation. The applicant will record
the Geotechnical Evaluation with the Grant County Auditor. The Auditor's File
Number shall be noted on the final plat and all future construction shall adhere to the
recommendations.
3. Fences will be constructed of noncombustible material such as chain link, stucco, or
concrete.
4. Firehydrantsarerequiredandthemaximumspacingwillbe500ft.TheFire
Department will approve locations of fire hydrants.
This MDNS is issued under WAC 197-11-350. The Optional DNS process (WAC 197-11-355) was
used and there is no comment period.
Responsible Official: Vivian Ramsey, vramsey@cityofml.com, 509.764.3749
Date d-,?,2 22
Appeal process: This MDNS may be appealed within 14 days of the issuance of this decision
pursuant to Moses Lake Municipal Code Title 14.
Moses Lake Council Packet 4-26-22, Page 133 of 245
Allow sender | Block sender
From:Vivian Ramsey
To:Kim Foster; Susan Schwiesow
Cc:Del Green; Seth Bishop; Larry Angell
Subject:Re: ASPI - P.I.A. LLC - Lakemont - Waterfront Tracts
Date:Thursday, February 17, 2022 4:26:27 PM
Attachments:25846832F6024390A9EEEC977EBD1E58.png
Kim,
I will be back in the office on Tuesday we can talk then. Vivian
Get Outlook for iOS
From: Kim Foster <kfoster@aspigroup.com>
Sent: Thursday, February 17, 2022 4:01:13 PM
To: Vivian Ramsey <vramsey@cityofml.com>; Susan Schwiesow <sschwiesow@cityofml.com>
Cc: Del Green <del.l.green@cnweng.com>; Seth Bishop <seth.bishop@cnweng.com>; Larry Angell
<Larry.Angell@cnweng.com>
Subject: ASPI - P.I.A. LLC - Lakemont - Waterfront Tracts
Warning! This message was sent from outside your organization and we
were unable to verify the sender.
Subject: ASPI - P.I.A. LLC - Lakemont - Waterfront Tracts
Hi Vivian – I had a good conversation with Susan Schweisow, Parks, Recreation
and Cultural Services, about the issues she brought up in her comment letter forour Lakemont PURD.
I think that all of us – you, Susan, and me - are on the same page. We will adjustthe location of the ‘pavilion’ in the Power Point Park to Susan’s desired location
and extend the trail coming down the middle of the site to the pavilion.
On the waterfront tracts, after our discussions, it seems to make the most sense for
us to donate (by quit claim deed) a new tract that would include all of the areassouth of the trestle which would include the big dock complex and native growth
areas that Susan can append to Montlake Park. Susan said that existing park ruleswould apply to this area – i.e. no overnight moorage, no camping, fires, etc., so it
doesn’t become a nuisance. We would also quit claim to you the area north of thetrestle where your existing storm water outfall and maintenance access driveway
are. We would retain about .92 acres north of the trestle which would include thesmall existing northern dock and the pathway to it extending from Lakeway Drive
along the power line easement. That will provide a nice amenity for our projectfor day uses like kayaking, paddle boarding, fishing, etc. As Susan confirmed, it
isn’t good for much more than those activities because of the low clearance underthe trestle. We would own and maintain that parcel via a Homeowners
Association.
Attached is a photo – using the county’s GIS so the lines probably aren’t perfectly
accurate. The big yellow areas we QCD to you, the small area in white, we retain.
Exhibit E
Moses Lake Council Packet 4-26-22, Page 134 of 245
If this looks good to you and Susan, let me know what kind of follow-up letter,
etc. you would like so we can let the HE know about our resolution.
Thanks!
Kim Foster
Corporate Counsel
ASPI Group, Inc.
1600 Lind Ave. SW, Suite 220
Renton, Washington 98055
(206) 356-4936
Moses Lake Council Packet 4-26-22, Page 135 of 245
Sent from Mail for Windows
Moses Lake Council Packet 4-26-22, Page 136 of 245
March 2, 2022
Michelene Torrey
Planning Department
321 S Balsam Ave
Moses Lake, WA 98837
mtorrey@cityotml.com
RE: Lakemont P{JRD PLN2021-0048
Ms. Torrey,
City of Moses Lake Fire Department
Fire Marshal's Office
701 E 3rd Ave Moses Lake WA 98837
Fire Marshal's Office (509) 764-3852
www.cityofml.com
The fire department has reviewed the supplied documents for this application and has the
following review comments.
The area is within the boundaries of the city limits and has a fire rating of a class 5 from
Washington Survey and Rating Bureau. The project will have some requirements do to the fact
of a PURD. The fire flow will have an increase with the decrease in lot size and setbacks. The
current municipal code has language in 16.50.040 (E) adjustments for structural exposures. The
increase for less than 10 feet is a 25% increase making the minimum of 1250 gpm for one hour.
The increase in density of structures in this plat will require the use ofNFPA 13D sprinkler
systems at a minimum. These systems are a life safety system and not a property preservation
system. Fences required to be concrete and or stucco. The building construction will have the
requirement of fire resistive-rated construction. The use of materials and systems in the design
and construction of a building or structures to safeguard against the spread of fire within a
building or structure and the spread of fire from one building to another in the plat.
The use of non-street parking on one side of the road and will be required to be signed as "no on
street parking allowed this side" The roads shall be hard surfaced prior to any combustible to be
allowed on site. The street must be signed prior to any buildings be erected. The cul de sac
arrangement shall meet the fire code language of 96 feet in diameter.
The block length as asked for in the deviation causes issues with hydrant placement within our
code. This long with the increased density will change the fire hydrant spacing from the normal
600 feet to 300 feet spacing. The hydrants will still be required at intersection and cul de sac as
well as mid block. The hydrants shall be on the non-street parking side.
s
Digitally signed by Derek
Beach
Date: 2022.03.02 1 3:42:00
-08'00'
Derek Beach, Fire Marshal
Exhibit F
Moses Lake Council Packet 4-26-22, Page 137 of 245
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: David Bren, PE, Municipal Services Director
Date: April 19, 2022
Proceeding Type: Consent Agenda
Subject: Windy Street Sewer Extension
Resolution to Accept Improvements and Bonding
Legislative History: Financial Impact:
• First Presentation: April 26, 2022 Budgeted Amount: N/A
• Second Presentation: 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 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. Moses Lake Municipal Code 13.05.150 requires that all new
buildings with human occupancy connect to the municipal sewer system. Washington
Administrative Code 246-272A-0025 states that buildings within 200 feet of a municipal sewer line
are required to connect.
The propery owner at 3915
Windy Street applied for a
building permit to construct a
single family residence. The
proposed residence was within
200 feet of the existing sewer
main in Westshore Drive. The
property owner was required to
extend municipal sewer from
Westshore Drive west
approximately 260 feet to the
western property line of the lot.
WINDY STREET LOOKING WEST
Moses Lake Council Packet 4-26-22, Page 138 of 245
Page 2 of 2
Fiscal and Policy Implications
Upon acceptance, the City will be responsible for the maintenance and repairs of the
improvements. A street and utility construction bond or other approved security in the amount
of $24,000.00 (50% of total costs of $48,000.00) 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. Site Map
B. Resolution
Finance Committee Review
N/A
Legal Review
Type of Document Title of Document Date Reviewed
• Resolution • Accept Windy St Sewer Improvements
Options
Option Results
• Adopt the resolution as presented The improvements will be accepted, and the
project 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 project could not be completed.
Action Requested
Staff recommends City Council adopt the resolution as presented.
WINDY STREET LOOKING EAST TOWARDS WESTSHORE DRIVE
Moses Lake Council Packet 4-26-22, Page 139 of 245
Moses Lake Council Packet 4-26-22, Page 140 of 245
Moses Lake Council Packet 4-26-22, Page 141 of 245
Moses Lake Council Packet 4-26-22, Page 142 of 245
RESOLUTION NO.
A RESOLUTION ACCEPTING UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF
THE WINDY STREET SEWER EXTENSION 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 utility system as part of the Windy Street
Sewer Extension Project. The project included installing 8” sewer main from the existing
municipal sewer main in Westshore Drive west approximately 265 feet to the western
property line of Lot 33 & east ½ of lot 34 Westlake Tracts 2nd Addition.
2. Said utility improvements have been installed in accordance with the City of Moses
Lake Community Street and Utility Standards, such facilities being completed in April,
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 Street and Utility Maintenance Bond shall be provided by the developer for a two-
year maintenance period, which commences on the April 26, 2022, resolution date.
Resolved:
1. The City Council of the City of Moses Lake accepts the street and utility improvements as public facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After April 26, 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 April 26, 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 April 26, 2022.
______________________________ Dean Hankins, Mayor
ATTEST: _______________________________
Moses Lake Council Packet 4-26-22, Page 143 of 245
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: April 19, 2022
Proceeding Type: Consent Agenda
Subject: C-282A Biosolids Land Application 2021-2022
Acceptance to begin (60) Lien Period
Legislative History: Financial Impact:
• First Presentation: April 26, 2022 Budgeted Amount: $ 300,000.00
• Second Presentation: Unbudgeted Amount: $
• Action: Motion Total Cost: $ 227,635.84
Overview
Fire Mountain Farms, Inc. has completed work
on the Biosolids Land Applicaton Project and the
project is ready for acceptance. The project
consisted of removal, pumping and injection of
liquid biosolids from Long-Term Sludge
Digestion Basins at the Sand Dunes Wastewater
Treatment Facility into permitted farm fields per
our Department of Ecology Permit.
Benefits of completing the project included
increasing capacity of Long Term Sludge
Digestion Basins. Improving nutrient value of
soils for crop production and soil stabilization
with incorporation of organic material.
Cost of the Work
The total project cost for the C-282A work was $227,635.84. Work completed in 2021 was
$116,443.42 and work completed in the Spring
of 2022 was $111,192.42
BASIN #1 BEFORE REMOVAL
BASIN #1 AFTER REMOVAL
Moses Lake Council Packet 4-26-22, Page 144 of 245
Page 2 of 2
Staff Inspection
The Biosolids Land Application Project work was completed by the contractor, Fire Mountain
Farms, Inc. All work has been inspected by City staff and has been recommended for acceptance.
Fiscal and Policy Implications
After Council acceptance of the project, the City will enter into the 60-day lien period as required
by Washington State Law. The Contractor will receive the remaining 5% retainage after the (60)
day lien period is complete.
Council Packet Attachment
A. Final Pay Estimate
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Accept the Project Staff will send a notification of acceptance to the
contractor and the 60-day lien period will begin.
• Request Additional Information Staff will provide the requested information.
• Take no Action The project will not be accepted at this time.
Action Recommended
Staff recommends accepting the Biosolids Land Application Project (C-282A).
FIELD #2 LOOKING NORTHWEST FIELD #2 LAND APPLICATION
Moses Lake Council Packet 4-26-22, Page 145 of 245
Moses Lake Council Packet 4-26-22, Page 146 of 245
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Madeline Prentice, Finance Director
Date: April 20, 2022
Proceeding Type: Consent Agenda
Subject: Software Consulting Services Contract
Legislative History: Financial Impact:
• First Presentation: April 26, 2022 Budgeted Amount: N/A
• Second Presentation: Unbudgeted Amount: 74,000.00
• Action: Motion Total Cost: 74,000.00
Overview
The City has implemented several software programs in the last five years. There is concern that
the different programs may not be running the most efficient possible conduct of operations for
staff. Staff are requesting to engage with a consultant that has experience in a software needs
assessment process. The Consultant will interview employees that use existing software,
determine needs not being met, how different systems may be able to complement each other,
as well as development of future software proposal requests and evaluation of responsive
software vendors.
Fiscal and Policy Implications
The total fixed fees for the consulting engagement are proposed to be $74,000 with little to no
travel expenses needed as meetings with City staff will be facilitated remotely via Microsoft Teams.
This budget amount was not included in the 2022 budget.
Council Packet Attachments N-A
Finance Committee Review April 26, 2022
Legal Review City Attorney will review contract prior to execution
Moses Lake Council Packet 4-26-22, Page 147 of 245
Page 2 of 2
Options
Option Results
• Authorize as presented City Manager will execute agreement.
• Provide staff with changes
• Take no action A contract would not be executed.
Action Requested
Motion to authorize City Manager to execute Software Consulting Services Agreement and
approve 2022 budget amendment.
Moses Lake Council Packet 4-26-22, Page 148 of 245
Page 1 of 3
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: April 20, 2022
Proceeding Type: Old Business
Subject: Airport Fuel System Budget Amendment
Legislative History: Financial Impact:
•First Presentation: April 12, 2022 Budgeted Amount: $ 0.00
•Second Presentation: April 26, 2022 Unbudgeted Amount: $ 141,993.65
•Action: Motion Total Cost: $ 175,000.00
Overview
The Airport Fuel System was purchased on April 15, 2022, in the amount of $141,993.65. During
the purchase it was discovered that the $175,000 Carb Loan proceeds were not carried forward
into the 2022 budget as a revenue source. Therefore, a budget amendment will need to be
conducted to reflect the revenue from the Carb Loan proceeds and then expense the Airport Fuel
System purchase from it.
The full $175,000 amount will be drawn for the CARB Loan (See Attachment A) and the system
purchase expensed. The remaining $33,006.35 will be used to transport, clean, and install the Fuel
System.
COMPLETE FUEL SYSTEM WITH CARD READER
Moses Lake Council Packet 4-26-22, Page 149 of 245
Page 2 of 3
Purchase Summary
The $175,000 CARB Loan proceeds will be budgeted to 495-000-37400-1000 as revenue.
The $141,993.65 Fuel System purchase will be budgeted to 495-495-59446-0639 for the expense.
It should be noted that the invoice had a 5% discount for early purchase by April 15, 2022, so
$7,473.35 was saved from the invoiced amount (See Attachment B). The purchase did not include
transport, staff refurbishment, or staff installation costs.
Fiscal and Policy Implications
The CARB Loan will need to be repaid at a rate of $10,702.43/year over a (20) year period. The
Interest rate is extremely low at 2 %. The Airport Advisory Board is planning to contract with a fuel
service provider to operate the system in a long-term capacity and make payments on the CARB
Loan.
Council Packet Attachments
A. 11-18-2020 COUNCIL CARB LOAN ACCEPTANCE
B. PURCHASING INVOICE FROM AIRO INC.
Finance Committee Review
April 12, 2022
Legal Review N-A
COMPLETE FUEL SYSTEM WITH CARD READER
Moses Lake Council Packet 4-26-22, Page 150 of 245
Page 3 of 3
Options
Option Results
• Motion to Amend 2022 Budget and
Authorize CARB Loan Draw Process
Staff has preliminary approval for a 2022 Budget
amendment to reflect the CARB Loan proceeds
and will begin the CARB Loan draw process.
• Take no action The City will use General Fund to expense the
previously authorized purchase.
Action Requested
Staff recommends amending the 2022 Budget to reflect the $175,000 CARB Loan proceeds and
expense the previously authorized Fuel System Purchase from the CARB Loan proceeds.
Moses Lake Council Packet 4-26-22, Page 151 of 245
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: November 18, 2020
Proceeding Type: New Business
Subject: Municipal Airport Fuel Station Loan Resolution
Legislative History:
•First Presentation: Notice of Acceptance Announced during Budget Retreat Oct 24, 2020
•Second Presentation: November 24, 2020
•Action: Motion
Overview:
The Municipal Airport Advisory Board expressed interest in providing a fueling station at the
airport. They feel the availability to provide fuel would attract more air traffic/business to the
community. The City has applied for a low interest loan to the Community Aviation Revitalization
Board (CARB) in the amount of $175,000 for a new fuel system. Our application has been approved
and a resolution and motion are needed to proceed with the agreement and accept the loan.
Fiscal and Policy Implications:
The City would accept the loan in the amount of $175,000 with a 20-year repayment obligation. A
surcharge would be placed on the sale of fuel to make the annual loan payment and other
associated expenses.
Council Packet Attachments
A. Resolution with Exhibits: Offer Letter, Offer Agreement, Estimated Loan Repayment
Schedule, and Loan Assurances
Finance Committee Review
N/A
Moses Lake Council Packet 11-24-20, Page 63 of 79Moses Lake Council Packet 4-26-22, Page 152 of 245
Page 2 of 2
Legal Review
Type of Document Title of Document Date Reviewed
Application Packet IOFA, Loan Assurances, Loan
Repayment schedule
November 12, 2020
Options
Option Results
• Adopt the Resolution as presented. Staff will process the loan agreement and
purchase the new fuel station.
• Provide staff with changes Staff would incorporate requested changes.
• Take no action. No new fuel station.
Action Requested
Staff request Council adopt Resolution 3835 to authorize the City Manager to execute the CARB
Loan Agreement for a new fuel station.
Moses Lake Council Packet 11-24-20, Page 64 of 79Moses Lake Council Packet 4-26-22, Page 153 of 245
RESOLUTION NO. 3835
A RESOLUTION OF THE MOSES LAKE, WASHINGTON,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN AGREEMENT ON BEHALF OF THE CITY COUNCIL WITH THE
WASHINGTON STATE COMMUNITY AVIATION REVITALIZATION
BOARD FOR AID IN FINANCING THE COSTS OF PUBLIC FACILITIES
CONSISTING OF A FUELING SYSTEM AT THE MOSES LAKE
AIRPORT
Recitals: 1. The Municipal Airport Advisory Board recommends installation of a key card fuel station to attract additional air traffic and business to the community.
2. The Municipal Airport Advisory Board has received approval for a loan to finance a new fuel station from Washington State Community Aviation Revitalization Board (CARB).
Resolved: 1. That the City Manager of Moses Lake be hereby authorized and directed to execute, on
behalf of the City Council, a Final Contract between the Community Aviation
Revitalization Board and the City of Moses Lake and such other documents as may be
required for securing aid in financing the cost of the above-described public facilities.
2. The city council has accepted the offer of the loan from the Community Aviation
Revitalization Board in the amount of $175,000, said loan to bear interest at the rate of
2.0% per annum.
3. Repayment of said $175,000 general obligation loan (unless revenue loan authorized)
shall be in consistent with the terms provided in the signed Initial Offer of Financial Aid
and more particularly as follows:
General Obligation Loan of $175,000 with an interest rate of 2.0% for a term of 20 years
including up to 3 years of deferred principal and interest.
4. A copy of said Initial Offer of Financial Aid is attached hereto, designated as Exhibit A, and
made a part hereof as though set forth herein in full.
Moses Lake Council Packet 11-24-20, Page 65 of 79Moses Lake Council Packet 4-26-22, Page 154 of 245
5. The City of Moses Lake reserves the right to accelerate payments on principal and eliminate
the interest on any accelerated principal payments. This obligation shall be considered as a
legal general obligation of the City of Moses Lake and the City hereby pledges its full faith
and credit to the payment thereof.
6. The City of Moses Lake shall establish a separate fund to be known as the Community Aviation Revitalization Board (CARB) Fund. Establishment of this fund applies to CARB loans. In the case of a loan, there shall be sufficient moneys placed in this fund to meet the above-detailed repayment schedule. The source of payment is fuel sales and surcharges.
ADOPTED by the City Council on November 24, 2020.
________________________________________
David Curnel, Mayor ________________________________________
Allison Williams, City Manager
ATTEST:
_________________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 11-24-20, Page 66 of 79Moses Lake Council Packet 4-26-22, Page 155 of 245
o
7702 Terminal Street SW • Tumwater, WA 98501-7264 • (360) 705-7839
October 19, 2020
Fred Snoderly
Municipal Services Director
City of Moses Lake, Moses Lake Municipal Airport
401 S. Balsam
PO Box 1579
Moses Lake, WA 98837
RE: CARB Initial Offer of Financial Aid
Dear Mr. Snoderly,
Congratulations! The Community Aviation Revitalization Board (CARB) has selected your project and is
offering a low-interest loan in the amount of $175,000 for your New Fuel System at Moses Lake
Municipal Airport.
The next steps will be to develop and sign the loan agreement so that eligible project expenditures may
be reimbursed. Please note that no project costs incurred prior to the Initial Offer of Financial Aid date
will be reimbursed by CARB. After contract execution, a signed copy will be forwarded for the City of
Moses Lake’s records. The execution date of the final contract will be based on the signature of the
CARB Chairperson or designee.
An estimated repayment schedule is enclosed to confirm your desired repayment term and grace period
up to 20 years. Also enclosed is a copy of the loan assurances that apply to state-funded projects and
related acknowledgements that will become part of your loan agreement. Our intent is to have your
loan agreement ready for signature in December 2020.
I will be your primary contact during this contracting process. If you have any questions, please don’t
hesitate to contact me at (360) 705-7839 / (360) 628-1767 or chenaud@wsdot.wa.gov.
Sincerely,
David Chenaur
Aviation Loan Program Manager
Attachments:
• Initial Offer of Financial Aid (IOFA)
• Loan Assurances
• Repayment Resolution/Ordinance (sample)
• Estimated loan repayment schedule
COMMUNITY AVIATION REVITALIZATION BOARD
Moses Lake Council Packet 11-24-20, Page 67 of 79Moses Lake Council Packet 4-26-22, Page 156 of 245
Attachment A
CARB Pre-Contract Requirements
Initial Offer of Financial Aid
If you wish to accept CARB's offer, please enter your Tax Identification Number (TIN), sign and return
two original copies of the enclosed Initial Offer of Financial Aid by November 30, 2020. A copy of the
executed Initial Offer will be forwarded for your records.
If the terms and conditions of this offer are not acceptable, you may request in writing that CARB
reconsider, amend or modify its offer.
Pre-Contract Requirements
Please complete the conditions below and submit the appropriate documentation to CARB.
If all conditions are not completed by November 30, 2020 you have the option to request an extension
from the Board. If the Board does not approve an extension of the initial offer, the offer will expire.
1. Signed copies (2) of the IOFA.
2. Repayment Resolution or Ordinance.
3. Signed copy of the Loan Assurances.
4. Confirm the length of loan and any grace period (deferred principle and interest) requested up
to 3 years (see estimated loan repayment schedule attached).
Moses Lake Council Packet 11-24-20, Page 68 of 79Moses Lake Council Packet 4-26-22, Page 157 of 245
Project Number: 2020‐010
Washington State
Community Aviation Revitalization Board
Initial Offer of Financial Aid
City of Moses Lake
Statewide Vendor Number: 916007721 L
Offer Date: October 20, 2020
The Community Aviation Revitalization Board (CARB) is authorized by EHB 1102, Section 4005, Session Laws of
2019 and Section 6023 of this Act for direct loans to airport sponsors of public use airports in the State of
Washington for the purposes of improvements that primarily support general aviation activities. This Initial
Offer of Financial aid is contingent upon the availability of CARB funds. CARB hereby offers to make funds
available to the City of Moses Lake, hereafter referred to as the "Recipient,” in order to aid in financing the
cost of, or improvements to, airport facilities consisting of the New Fuel System as described in the application
(hereafter collectively referred to as the "Project").
This offer consists of:
General Obligation loan of $175,000
Interest rate: 2.0 percent (%) per annum on the outstanding principal balance
Term: 20 years maximum, including up to 3 years of deferred principal and interest
This offer is subject to completion of pre‐contract conditions, as described in Attachment A.
A final contract shall be developed by CARB prior to disbursement of funds. In the event a final contract is not
executed, no CARB funds will be disbursed.
If accepted, this Initial Offer of Financial Aid must be signed and returned to CARB by November 30, 2020.
ACCEPTANCE
FOR CARB FOR THE RECIPIENT
David Fleckenstein Signature*
Director, WSDOT – Aviation
Board Member, CARB Name:
Date:Title:
Date:
* Authorized to accept offer on behalf of RECIPIENT
Moses Lake Council Packet 11-24-20, Page 69 of 79Moses Lake Council Packet 4-26-22, Page 158 of 245
EXHIBIT C, LOAN REPAYMENT SCHEDULE
ENTER VALUES LOAN SUMMARY
$175,000.00 $10,702.43
2.00%20
20 20
1 $0.00
5/1/2022 $39,048.51
$0.00 LENDER NAME
PMT
NO
PAYMENT
DATE
BEGINNING
BALANCE
SCHEDULED
PAYMENT
EXTRA
PAYMENT
TOTAL
PAYMENT PRINCIPAL INTEREST ENDING
BALANCE
CUMULATIVE
INTEREST
1 5/1/2022 $175,000.00 $10,702.43 $0.00 $10,702.43 $7,202.43 $3,500.00 $167,797.57 $3,500.00
2 5/1/2023 $167,797.57 $10,702.43 $0.00 $10,702.43 $7,346.47 $3,355.95 $160,451.10 $6,855.95
3 5/1/2024 $160,451.10 $10,702.43 $0.00 $10,702.43 $7,493.40 $3,209.02 $152,957.70 $10,064.97
4 5/1/2025 $152,957.70 $10,702.43 $0.00 $10,702.43 $7,643.27 $3,059.15 $145,314.42 $13,124.13
5 5/1/2026 $145,314.42 $10,702.43 $0.00 $10,702.43 $7,796.14 $2,906.29 $137,518.29 $16,030.42
6 5/1/2027 $137,518.29 $10,702.43 $0.00 $10,702.43 $7,952.06 $2,750.37 $129,566.23 $18,780.78
7 5/1/2028 $129,566.23 $10,702.43 $0.00 $10,702.43 $8,111.10 $2,591.32 $121,455.13 $21,372.11
8 5/1/2029 $121,455.13 $10,702.43 $0.00 $10,702.43 $8,273.32 $2,429.10 $113,181.80 $23,801.21
9 5/1/2030 $113,181.80 $10,702.43 $0.00 $10,702.43 $8,438.79 $2,263.64 $104,743.01 $26,064.84
10 5/1/2031 $104,743.01 $10,702.43 $0.00 $10,702.43 $8,607.57 $2,094.86 $96,135.45 $28,159.71
11 5/1/2032 $96,135.45 $10,702.43 $0.00 $10,702.43 $8,779.72 $1,922.71 $87,355.73 $30,082.41
12 5/1/2033 $87,355.73 $10,702.43 $0.00 $10,702.43 $8,955.31 $1,747.11 $78,400.42 $31,829.53
13 5/1/2034 $78,400.42 $10,702.43 $0.00 $10,702.43 $9,134.42 $1,568.01 $69,266.00 $33,397.54
14 5/1/2035 $69,266.00 $10,702.43 $0.00 $10,702.43 $9,317.11 $1,385.32 $59,948.90 $34,782.86
15 5/1/2036 $59,948.90 $10,702.43 $0.00 $10,702.43 $9,503.45 $1,198.98 $50,445.45 $35,981.84
16 5/1/2037 $50,445.45 $10,702.43 $0.00 $10,702.43 $9,693.52 $1,008.91 $40,751.93 $36,990.74
17 5/1/2038 $40,751.93 $10,702.43 $0.00 $10,702.43 $9,887.39 $815.04 $30,864.55 $37,805.78
18 5/1/2039 $30,864.55 $10,702.43 $0.00 $10,702.43 $10,085.13 $617.29 $20,779.41 $38,423.07
19 5/1/2040 $20,779.41 $10,702.43 $0.00 $10,702.43 $10,286.84 $415.59 $10,492.57 $38,838.66
20 5/1/2041 $10,492.57 $44,968.18 $0.00 $10,492.57 $10,282.72 $209.85 $0.00 $39,048.51
Optional extra payments
Loan amount
Annual interest rate
Loan period in years
Number of payments per year
Start date of loan
CARB / WSDOT - Aviation Division
Scheduled payment
Scheduled number of payments
Actual number of payments
Total early payments
Total interest
Moses Lake Council Packet 11-24-20, Page 70 of 79Moses Lake Council Packet 4-26-22, Page 159 of 245
The following Airport Loan Program Assurances are incorporated herewith and form a part of the airport sponsor’s loan agreement for funding under the Aviation Revitalization Loan Program.
Signature of Applicant’s Authorized Representative:
Title of Representative:
Date:
Last Update: 11/4/19
AIRPORT LOAN PROGRAM ASSURANCES
General.
(1)Airport sponsors shall comply with these assurances pursuant to and for the purpose of carrying out theprovisions of the state of Washington airport loan program agreements.
(2)Airport sponsors will submit these assurances as part of the loan agreement. As used herein, the term "publicagency sponsor" means any municipality or municipalities acting jointly or any Indian tribe recognized by the federal government or such tribes acting jointly in the planning, acquisition, construction, improvement, maintenance, or operation of an airport, owned or controlled, or to be owned or controlled by such municipality or municipalities or Indian tribe or tribes, to be held available for the general use of the public; the term "private sponsor" means any person or persons acting jointly in the planning, acquisition, construction, improvement, maintenance, or operation of an airport, owned or controlled, or to be owned or controlled by such person or persons, to be held available for the general use of the public; and the term "sponsor" includes both public agency sponsors and private sponsors.
(3)Upon a sponsor's acceptance of a loan offer by the department, these assurances are incorporated in andbecome part of the loan agreement.
Duration and applicability.
(1)Washington airport loan program projects undertaken by a sponsor. The terms, conditions, and assurances
of this loan agreement shall remain in full force and effect throughout the useful life of the facilities developed or
equipment acquired for an airport project, not to exceed twenty years from the date of acceptance of a loan offer of
state funds for the project. However, there shall be no limit on the duration of the assurances regarding exclusiverights and airport revenue so long as the airport is used as an airport. There shall be no limit on the duration of theterms, conditions, and assurances with respect to real property acquired with state funds.
EXHIBIT D, AIRPORT PROGRAM LOAN ASSURANCES
Moses Lake Council Packet 11-24-20, Page 71 of 79Moses Lake Council Packet 4-26-22, Page 160 of 245
Sponsor certification.
The sponsor certifies, with respect to this loan that:
(1)General state requirements. It will comply with all applicable Washington state laws, regulations, executiveorders, policies, guidelines, and requirements as they relate to the application, acceptance and use of state funds for this project including, but not limited to, the following:
(a)State legislation:
Chapter 8.26 RCW (Relocation assistance -- Real property acquisition policy)
Chapter 27.34 RCW (State historical societies -- Historic preservation)Chapter 27.44 RCW (Indian graves and records)Chapter 27.48 RCW (Preservation of historical materials)
RCW 29A.84.620 (Hindering or bribing voter)Chapter 36.70A RCW (Growth management -- Planning by selected counties and cities)Title 37 RCW (Federal areas -- Indians)
Chapter 39.12 RCW (Prevailing wages on public works)RCW 47.29.200 (Prevailing wages)RCW 47.68.280 (Investigations, hearings, etc. -- Subpoenas -- Compelling attendance)
RCW 47.68.310 (Enforcement of aeronautics laws)Title 49 RCW (Labor regulations)Title 64 RCW (Real property and conveyances)
Chapter 70.94 RCW (Washington Clean Air Act)Title 86 RCW (Flood control)Title 91 RCW (Waterways)Title 12 WAC (Transportation, department of (aeronautics commission))Title 18 WAC (Air pollution)
Title 25 WAC (Archaeology and historic preservation, department of)WAC 330-01-050 (dispositions, metropolitan municipal corporations)Title 167 WAC (Drug abuse prevention office)
Title 197 WAC (Ecology, department of (environmental policy, council on))Title 198 WAC (Environmental and land use hearings office)Title 199 WAC (Environmental hearings office (environmental and land use hearings board))
Title 254 WAC (Historic preservation, advisory council on)Title 326 WAC (Minority and women's business enterprises, office of)Chapter 330-01 WAC (Procedures for corridor and design public hearings under RCW 35.58.273)
Chapter 468-100 WAC (Uniform relocation assistance and real property acquisition)WAC 468-100-008 (Compliance with other laws and regulations)Title 357 WAC (Financial management, office of -- State human resources director)
Title 508 WAC (Ecology, department of (water resources))
(b) Executive orders:
Governor's Executive Order 92-01 (Establishing Governor's Policy on a Drug-Free Work Place)Governor's Executive Order 96-04, Implementing the Americans with Disabilities Act and superseding ExecutiveOrder 93-03
Governor's Executive Order 05-05 (Archaeological and Cultural Resources) Governor's Executive Order 11-01,
superseding Executive Order 09-04, Amending Washington Council on Aerospace
Governor's Executive Order 12-02 (Workforce Diversity and Inclusion)
Moses Lake Council Packet 11-24-20, Page 72 of 79Moses Lake Council Packet 4-26-22, Page 161 of 245
(2)General legal requirements. It will comply with all applicable laws and ordinances, orders, guidelines,policies, directives, rules and regulations of municipal, county, and federal governmental authorities or regulatory agencies.
(3)Responsibility and authority of the sponsor.
(a)Public agency sponsor: It has legal authority to apply for this loan, and to finance and carry out the proposedproject; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required.
(b)Private sponsor: It has legal authority to apply for this loan and to finance and carry out the proposed projectand comply with all terms, conditions, and assurances of this loan agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.
(4)Sponsor fund availability. It has sufficient funds available for the portion of the project which is not paid bythe state of Washington. It has sufficient funds available to assure operation and maintenance of items funded under
this loan agreement which it will own or control.
(5)Good title. It holds good title, satisfactory to the department, to the areas of the airport or site thereofnecessary for aircraft takeoff and landing as well as those necessary for the movement of aircraft to and from the landing and takeoff areas, or gives assurances satisfactory to the department that good title will be acquired prior to accepting loan funds.
(6)Preserving rights and powers.
(a)It will not take or permit any action which would operate to deprive it of any of the rights and powers necessaryto perform any or all of the terms, conditions, and assurances in this loan agreement without the written approval of the department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the department.
(b)It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in theproperty associated with this application or that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in this loan agreement without approval by the department. If the transferee is found by the department to be eligible to assume the obligations of this loan agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this loan agreement.
(c)If the sponsor is a private sponsor, it will, to the department's satisfaction, ensure that the airport will continueto function as a public-use airport in accordance with these assurances for the duration of these assurances.
(d)If an arrangement is made for management and operation of the airport by any agency or person other thanthe sponsor or an employee of the sponsor, the sponsor will, to the department's satisfaction, reserve and document in arrangements with said party sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the regulations and the terms, conditions, and assurances in this loan agreement and shall ensure that such arrangement also requires compliance therewith.
(e)Sponsors of commercial service airports will not permit or enter into any arrangement that allows an owner ortenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport.
(f)Sponsors of general aviation airports entering into any arrangement that allows an owner of residential realproperty adjacent to or near the airport must comply with the requirements set forth in Section 136 of Public Law 112-95.
(7)Consistency with local plans. Certify, to the department's satisfaction, that the project is consistent with plans(existing at the time of submission of this application) of public agencies that are authorized to plan for the
development of the area surrounding the airport.
Moses Lake Council Packet 11-24-20, Page 73 of 79Moses Lake Council Packet 4-26-22, Page 162 of 245
(8)Consideration of local interest. Certify, to the department's satisfaction, that it considered the interest ofcommunities in or near where the project is located.
(9)Consultation with users. Certify to the department's satisfaction that when it made a decision to undertakeany project, that it consulted with affected parties using the airport.
(10)Public hearings. In projects involving the location of an airport, an airport runway, or a major runwayextension, it held public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the department, submit a copy of the transcript of such hearings to the department. Further, for such projects, its management board contain(s/ed) either voting representation from the communities where the project is located or it advised communities that they have the right to petition the department concerning a proposed project.
(11)Air and water quality standards. In projects involving airport location, a major runway extension, or runwaylocation, it will provide the department appropriate written certification that the project will be located, designed, constructed, and operated so as to comply with applicable federal, state, and local air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the administrator of the Environmental Protection Agency, or the secretary of the Department of Ecology, certification shall be obtained. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the department.
(12)Pavement preventive maintenance. With respect to a project for the replacement or reconstruction ofairport pavement, it assures or certifies to the department's satisfaction that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with state financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the department determines may be useful.
(13)Accounting system, audit, and recordkeeping requirements.
(a) It shall keep all project accounts and records which fully disclose the amount and disposition of the proceeds ofthis loan, the total cost of the project in connection with which this loan is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with RCW 43.09.200 and the Washington state budgetary, accounting, and reporting system (BARS) manuals and financial reporting packages.
(b)It shall make available to the department and the Washington state auditor's office, or any of their dulyauthorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this loan. The department may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a loan or relating to the project in connection with which this loan was given or used, it shall file a certified copy of such audit with the department not later than six months following the close of the fiscal year for which the audit was made.
(14)Wage rates. It shall include in all contracts in excess of two thousand five hundred dollars, or as outlined inWAC 296-127-050, for work on any projects funded under this loan agreement which involve labor, provisions establishing minimum rates of wages under the Washington State Prevailing Wages on Public Works Act, chapter
39.12 RCW, which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. This shall be documented by a statement of intent to pay prevailing wages and an affidavit of wages paid.
(15)Nondiscrimination requirements. It shall prohibit discrimination in all phases of contracted employment,contracting activities and training pursuant to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Justice System Improvement Act of 1979, the Americans with Disabilities Act of 1990, the Civil Rights Restoration Act of 1987, 49 C.F.R. Part 21, chapter 49.60 RCW and other related laws and statutes.
(16)Equal employment opportunity (EEO) responsibilities. It shall comply with regulations relative to
nondiscrimination in state-assisted programs of the department, which are herein incorporated by reference and made a part of this project. With regard to the work performed during the project, it shall not discriminate on the
Moses Lake Council Packet 11-24-20, Page 74 of 79Moses Lake Council Packet 4-26-22, Page 163 of 245
grounds of race, color, gender, creed, national origin, age, sexual orientation, gender identity, marital status, disability or veteran status in the selection and retention of contractors, consultants and service providers, including procurement of materials and leases of equipment.
(17)Veteran's preference. It shall include in all contracts for work on any project funded under this loanagreement which involve labor, such provisions as are necessary to ensure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to honorably discharged military personnel who are veterans of any war of the United States, or of any military campaign for which a campaign ribbon shall have been awarded, and their widows or widowers, shall be preferred for appointment and employment. Age, loss of limb, or other physical impairment, which does not in fact incapacitate, shall not be deemed to disqualify them, provided they possess the capacity necessary to discharge the duties of the position involved as defined in RCW 73.16.010. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.
(18)Conformity to plans and specifications. It will execute the project subject to plans, specifications, andschedules approved by the department. Such plans, specifications, and schedules shall be submitted to the department prior to commencement of site preparation, construction, or other performance under this loan agreement, and, upon approval of the department, shall be incorporated into this loan agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the department, and incorporated into this loan agreement.
(19)Construction inspection and approval. It will provide and maintain competent technical supervision at theconstruction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the department for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the department and such work shall be in accordance with regulations and procedures prescribed by the department. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the department shall deem necessary.
(20)Planning projects. Planning projects are not eligible under the aviation loan program at this time
(21)Operation and maintenance. The airport and all facilities which are necessary to serve the aeronauticalusers of the airport, other than facilities owned or controlled by the United States or the state of Washington, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably
operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the department. In furtherance of this assurance, the sponsor will have in effect arrangements for:
(a) Operating the airport's aeronautical facilities whenever required;
(b) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
(c) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein
(22)Hazard removal and mitigation. It assures that such terminal airspace under the appropriate category ofFederal Air Regulation Part 77, 14 C.F.R. 77, as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering,
relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. Where hazards are on land owned by others, the sponsor will make every effort to coordinate with owners to mitigate airport hazards.
(23)Compatible land use. It shall, either by the acquisition and retention of property interest, in fee or easement, orby seeking enforcement of local zoning action, prevent the construction of any object which may constitute an incompatible land use such as residential encroachment, wildlife attractants, uses that emit smoke, steam, glare, or electromagnetic interference, and height hazards. Sponsor will take proactive measures to discourage incompatible land uses adjacent to the airport, to include a formal consultation with local jurisdictions on land use issues, and support and/or recommend land use regulations consistent with WSDOT best management practices found in WSDOT's Airports and Compatible Land Use Guidebook.
shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor.
Moses Lake Council Packet 11-24-20, Page 75 of 79Moses Lake Council Packet 4-26-22, Page 164 of 245
(24)Economic nondiscrimination.
(a) It will make the airport available as an airport for public use and without discrimination to all types, kinds and
classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport.
(b) In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport isgranted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:
(i) Furnish said services on a reasonable, nondiscriminatory, basis to all users thereof; and
(ii) Charge reasonable, and nondiscriminatory, prices for each unit or service, provided that the contractor may be
allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.
(c) Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges asare uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities.
(d) Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that isauthorized or permitted by the airport to serve any air carrier at such airport.
(e) Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant)shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
(f) It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation
operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to, maintenance, repair, and fueling) that it may choose to perform. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.
(g)The sponsor may establish such reasonable, and nondiscriminatory, conditions to be met by all users of theairport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
(25)Exclusive rights. It will not grant exclusive right for the use of the airport to any person(s) providing, orintending to provide, aeronautical services to the public. For purposes of this subsection, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if the following apply:
(a)It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to providesuch services;
(b)If allowing more than one fixed-based operator to provide such services would require the reduction of spaceleased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities including, but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity existing at such an airport before the grant of any assistance under RCW 47.68.090; and (c) It has received approval from the department.
Moses Lake Council Packet 11-24-20, Page 76 of 79Moses Lake Council Packet 4-26-22, Page 165 of 245
(26)Fee and rental structure. It will maintain a competitive fee and rental structure for the facilities and services
at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account factors such as the volume of traffic and economy of collection. No part of the state share of an airport development or airport planning project for which a loan is made under RCW 47.68.090 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.
(27)Airport revenues. All revenues generated by the airport and any local taxes established after December 30,1987, on aviation fuel, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this subsection:
(a)If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator ofthe airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
(b)If the department approves the sale of a privately owned airport to a public sponsor and provides funding forany portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a twenty-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.
(c)When requested by the department, the sponsor will obtain an audit that will review, and the resulting auditreport will provide an opinion concerning, the use of airport revenue and taxes, and indicate whether funds paid or transferred to the owner or operator were paid or transferred in a manner consistent with state law and any other applicable provision of law, including any regulation promulgated by the secretary. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with state law.
(28)Reports and inspections. It will:
(a)Submit to the department such annual or special financial and operations reports as the department may
request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the department; for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the department upon request;
(b) In a format and time prescribed by the department, provide to the department and make available to the publicfollowing each of its fiscal years, an annual report listing in detail:
(i) All amounts paid by the airport to any other unit of government and the purposes for which each such payment
was made; and
(ii) All services and property provided by the airport to other units of government and the amount of compensationreceived for provision of each such service and property.
(29)Use by government aircraft. It will not charge the state or its agencies (except for those under contract), for
limited but reasonable, nonroutine, search and rescue, law enforcement or public safety use of public landing and aircraft parking facilities. The sponsor may require written verification of an entity's official government business status, and notification prior to use of facilities.
(30)Land for state facilities. It will furnish without cost to the state of Washington for use in connection with anyair traffic control or air navigation activities, or weather reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or for these same purposes, rights in buildings of the sponsor as the department considers necessary for construction, operation, and maintenance at state expense of space or facilities. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the department.
Moses Lake Council Packet 11-24-20, Page 77 of 79Moses Lake Council Packet 4-26-22, Page 166 of 245
(31)Airport layout plan.
(a)It will provide airport layout plans (ALPs) as prescribed in WSDOT's Aviation Loan Procedures Manual. It will
keep up-to-date at all times an airport layout plan of the airport showing:
(i) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all off-site areasowned or controlled by the sponsor for airport purposes and proposed additions thereto;
(ii) The location and nature of all existing and proposed airport facilities and structures (such as runways,taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities;
(iii) The location of all existing and proposed nonaviation areas and of all existing improvements thereon; and
(iv) All proposed and existing access points used to taxi aircraft across the airport's property boundary. Such
airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the department which approval shall be evidenced by the signature of a duly authorized representative of the department on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations to the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the department and which might, in the opinion of the department, adversely affect the safety, utility, or efficiency of the airport.
(b)If a change or alteration in the airport or the facilities is made which the department determines adverselyaffects the safety, utility, or efficiency of any state-owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the department, the owner or operator will, if requested, by the department.
(i)Eliminate such adverse effect in a manner approved by the department; or
(ii)Bear all costs of relocating such property (or replacement thereof) to a site acceptable to the department
and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and
cost of operation existing before the unapproved change in the airport or its facilities except in the case of arelocation or replacement of an existing airport facility due to a change in the department's design standardsbeyond the control of the airport sponsor.
(32) Disposal of land.(a) For land purchased under a grant for airport development purposes, it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the department an amount equal to the states' proportionate share of the fair market value of the land. The portion of the proceeds
proportionate to the states' share of the cost of acquisition of such land will, upon application to the department,
be reinvested or transferred to another eligible airport as prescribed by the department. The department shall give preference to the following, in descending order:
(i) Payment to the state of Washington for deposit in the aeronautics account; or
(ii) Reinvestment in an approved project that is eligible for loan funding under RCW 47.68.090.
(b) Land shall be considered to be needed for airport purposes under this assurance if:
(i) It may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land;
and (ii)The revenue from interim uses of such land contributes to the financial self-sufficiency of the airport.
(c)Disposition of such land will be subject to the retention or reservation of any interest or right thereinnecessary to ensure that such land will only be used for purposes which are compatible with noise levelsassociated with operation of the airport.
(33)Engineering and design services. It will award each contract, or subcontract for program management,construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under WSDOT Consultant Services Manual M-27-50.02 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
(34)Foreign market restrictions. It will not allow funds provided under this loan to be used to fund any projectwhich uses any product or service of a foreign country during the period in which such foreign country is listed by the United States trade representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. Sponsors are encouraged to "Buy American" whenever feasible and appropriate.
(35)Policies, standards, and specifications. It will carry out the project in accordance with policies, standards,and specifications approved by the department and included in this loan, and in accordance with applicable state policies, standards, and specifications.
Moses Lake Council Packet 11-24-20, Page 78 of 79Moses Lake Council Packet 4-26-22, Page 167 of 245
(36)Relocation and real property acquisition. It will be guided in acquiring real property, to the greatest extentpracticable under state law, by the land acquisition policies in RCW 8.26.180.
(37)Disadvantaged business enterprises. The recipient shall not discriminate on the basis of race, color,national origin, or sex in the award and performance of any department-assisted contract or in the administration of its DBE program or the requirements of Governor's Executive Order 12-02.
(38)Hangar construction. If the airport owner or operator and a person who owns an aircraft agree that a hangaris to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will
grant to the aircraft owner for the hangar a long-term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. For the purpose of this section, a long-term lease is defined as not to exceed fifty years.
[Statutory Authority: RCW 47.68.090. 13-07-037, § 468-260-030, filed 3/14/13, effective 4/14/13.]
Moses Lake Council Packet 11-24-20, Page 79 of 79Moses Lake Council Packet 4-26-22, Page 168 of 245
Invoice
Date 4/5/2022
Invoice #2021-892
Bill To:
City of Moses Lake
401 S Balsam St
Moses Lake, WA 98837
AirO, Inc.
18008 59th Dr NE
Suite 201
Arlington, WA 98223
Tail Number
Terms Net 30
Receipt #
Total
Balance Due
Payments/Credits
Description Rate AmountQuantity
Used 12K gal UL 2085 Fireguard above ground fuel tank,
white epoxy, large on/off offload pump, dispenser pump with
hose & grounding cable, credit card machine.
137,000.00 137,000.00T1
5% Discount if paid by 4/15/22
Arlington Sales Tax 9.10%12,467.00
$149,467.00
$149,467.00
$0.00
Moses Lake Council Packet 4-26-22, Page 169 of 245
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Katherine Kenison, City Attorney
Date: April 21, 2022
Proceeding Type: Consent Agenda
Subject: WA Cities Opioid Settlement MOU
Legislative History: Financial Impact:
• First Presentation: Budgeted Amount:
• Second Presentation: Unbudgeted Amount:
• Action: Motion Total Cost:
Overview
Because of the significant harm sustained by the State of Washington and its communities from
the manufacturing, distribution, and dispensing of prescription opioids, a lawsuit was filed against
the major pharmaceutical companies in an effort to hold them accountable. A national settlement
was reached with the major pharmaceutical companies in 2021; Washington state and several of
its cities have their own lawsuit filed in King County and have offered the option to non-
participating cities to join in a proposed settlement under that lawsuit. Allocation of the settlement
amount would be subject to the terms and conditions of the attached Memorandum of
Understanding (MOU) and exhibits.
Fiscal and Policy Implications
Under the MOU, the City of Moses Lake’s allocation of the total settlement amount is
0.2078293909%. Upon distribution, those funds must be used for the approved purposes as
outlined in Exhibit A to the MOU. There is no cost to the City to participate in the MOU which
must be signed by the end of April in order for the City to be included. Failure to approve the
MOU results in the City’s share being redistributed to participating jurisdictions under the MOU.
If the City elects not to participate, the City still retains its legal rights to file its own claim which
would be complex litigation and extremely costly.
Participation in the MOU does impose certain obligations on the City as outlined in Section C of
the MOU.
Council Packet Attachments
A. MOU with Exhibits
B. PowerPoint Presentation
Moses Lake Council Packet 4-26-22, Page 170 of 245
Page 2 of 2
Legal Review
Type of Document Title of Document Date Reviewed
Contract ONE WASHINGTON
MEMORANDUM OF
UNDERSTANDING BETWEEN
WASHINGTON
MUNICIPALITIES
April 21, 2022
Options
Option Results
• Authorize as presented City Manager will execute agreement
• Request additional information
• Take no action Staff will explore legal remedies if Council desires
to pursue its own legal action
Action Requested
Staff recommends the City Council approve the agreement and authorize the City Manager to
execute.
Moses Lake Council Packet 4-26-22, Page 171 of 245
1
ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN
WASHINGTON MUNICIPALITIES
Whereas, the people of the State of Washington and its communities have been harmed by
entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense
prescription opioids;
Whereas, certain Local Governments, through their elected representatives and counsel,
are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of
prescription opioids accountable for the damage they have caused to the Local Governments;
Whereas, Local Governments and elected officials share a common desire to abate and
alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain
throughout the State of Washington, and strive to ensure that principals of equity and equitable
service delivery are factors considered in the allocation and use of Opioid Funds; and
Whereas, certain Local Governments engaged in litigation and the other cities and counties
in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities
within the Pharmaceutical Supply Chain.
Now therefore, the Local Governments enter into this Memorandum of Understanding
(“MOU”) relating to the allocation and use of the proceeds of Settlements described.
A.Definitions
As used in this MOU:
1.“Allocation Regions” are the same geographic areas as the existing
nine (9) Washington State Accountable Community of Health (ACH) Regions
and have the purpose described in Section C below.
2.“Approved Purpose(s)” shall mean the strategies specified and set
forth in the Opioid Abatement Strategies attached as Exhibit A.
3.“Effective Date” shall mean the date on which a court of
competent jurisdiction enters the first Settlement by order or consent decree. The
Parties anticipate that more than one Settlement will be administered according to
the terms of this MOU, but that the first entered Settlement will trigger allocation
of Opioid Funds in accordance with Section B herein, and the formation of the
Opioid Abatement Councils in Section C.
4.“Litigating Local Government(s)” shall mean Local Governments
that filed suit against any Pharmaceutical Supply Chain Participant pertaining to
the Opioid epidemic prior to September 1, 2020.
Moses Lake Council Packet 4-26-22, Page 172 of 245
2
5.“Local Government(s)” shall mean all counties, cities, and towns
within the geographic boundaries of the State of Washington.
6.“National Settlement Agreements” means the national opioid
settlement agreements dated July 21, 2021 involving Johnson & Johnson, and
distributors AmerisourceBergen, Cardinal Health and McKesson as well as their
subsidiaries, affiliates, officers, and directors named in the National Settlement
Agreements, including all amendments thereto.
7.“Opioid Funds” shall mean monetary amounts obtained through a
Settlement as defined in this MOU.
8.“Opioid Abatement Council” shall have the meaning described in
Section C below.
9.“Participating Local Government(s)” shall mean all counties,
cities, and towns within the geographic boundaries of the State that have chosen
to sign on to this MOU. The Participating Local Governments may be referred to
separately in this MOU as “Participating Counties” and “Participating Cities and
Towns” (or “Participating Cities or Towns,” as appropriate) or “Parties.”
10.“Pharmaceutical Supply Chain” shall mean the process and
channels through which controlled substances are manufactured, marketed,
promoted, distributed, and/or dispensed, including prescription opioids.
11.“Pharmaceutical Supply Chain Participant” shall mean any entity
that engages in or has engaged in the manufacture, marketing, promotion,
distribution, and/or dispensing of a prescription opioid, including any entity that
has assisted in any of the above.
12.“Qualified Settlement Fund Account,” or “QSF Account,” shall
mean an account set up as a qualified settlement fund, 468b fund, as authorized by
Treasury Regulations 1.468B-1(c) (26 CFR §1.468B-1).
13.“Regional Agreements” shall mean the understanding reached by
the Participating Local Counties and Cities within an Allocation Region
governing the allocation, management, distribution of Opioid Funds within that
Allocation Region.
14.“Settlement” shall mean the future negotiated resolution of legal or
equitable claims against a Pharmaceutical Supply Chain Participant when that
resolution has been jointly entered into by the Participating Local
Governments. “Settlement” expressly does not include a plan of reorganization
confirmed under Title 11of the United States Code, irrespective of the extent to
which Participating Local Governments vote in favor of or otherwise support such
plan of reorganization.
Moses Lake Council Packet 4-26-22, Page 173 of 245
3
15.“Trustee” shall mean an independent trustee who shall be
responsible for the ministerial task of releasing Opioid Funds from a QSF account
to Participating Local Governments as authorized herein and accounting for all
payments into or out of the trust.
16.The “Washington State Accountable Communities of Health” or
“ACH” shall mean the nine (9) regions described in Section C below.
B.Allocation of Settlement Proceeds for Approved Purposes
1.All Opioid Funds shall be held in a QSF and distributed by the
Trustee, for the benefit of the Participating Local Governments, only in a manner
consistent with this MOU. Distribution of Opioid Funds will be subject to the
mechanisms for auditing and reporting set forth below to provide public
accountability and transparency.
2.All Opioid Funds, regardless of allocation, shall be utilized
pursuant to Approved Purposes as defined herein and set forth in Exhibit A.
Compliance with this requirement shall be verified through reporting, as set out in
this MOU.
3.The division of Opioid Funds shall first be allocated to
Participating Counties based on the methodology utilized for the Negotiation
Class in In Re: National Prescription Opiate Litigation, United States District
Court for the Northern District of Ohio, Case No. 1:17-md-02804-DAP. The
allocation model uses three equally weighted factors: (1) the amount of opioids
shipped to the county; (2) the number of opioid deaths that occurred in that
county; and (3) the number of people who suffer opioid use disorder in that
county. The allocation percentages that result from application of this
methodology are set forth in the “County Total” line item in Exhibit B. In the
event any county does not participate in this MOU, that county’s percentage share
shall be reallocated proportionally amongst the Participating Counties by applying
this same methodology to only the Participating Counties.
4.Allocation and distribution of Opioid Funds within each
Participating County will be based on regional agreements as described in
Section C.
C.Regional Agreements
1.For the purpose of this MOU, the regional structure for decision-
making related to opioid fund allocation will be based upon the nine (9) pre-
defined Washington State Accountable Community of Health Regions (Allocation
Regions). Reference to these pre-defined regions is solely for the purpose of
Moses Lake Council Packet 4-26-22, Page 174 of 245
4
drawing geographic boundaries to facilitate regional agreements for use of Opioid
Funds. The Allocation Regions are as follows:
King County (Single County Region)
Pierce County (Single County Region)
Olympic Community of Health Region (Clallam, Jefferson, and Kitsap
Counties)
Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis,
Mason, Pacific, Thurston, Lewis, and Wahkiakum Counties)
North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom
Counties)
SouthWest Region (Clark, Klickitat, and Skamania Counties)
Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Walla Walla, Whitman, and Yakima Counties)
Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and
Stevens Counties)
North Central Region (Chelan, Douglas, Grant, and Okanogan Counties)
2.Opioid Funds will be allocated, distributed and managed within
each Allocation Region, as determined by its Regional Agreement as set forth
below. If an Allocation Region does not have a Regional Agreement enumerated
in this MOU, and does not subsequently adopt a Regional Agreement per Section
C.5, the default mechanism for allocation, distribution and management of Opioid
Funds described in Section C.4.a will apply. Each Allocation Region must have
an OAC whose composition and responsibilities shall be defined by Regional
Agreement or as set forth in Section C.4.
3.King County’s Regional Agreement is reflected in Exhibit C to this
MOU.
4.All other Allocation Regions that have not specified a Regional
Agreement for allocating, distributing and managing Opioid Funds, will apply
the following default methodology:
a. Opioid Funds shall be allocated within each Allocation Region by
taking the allocation for a Participating County from Exhibit B and
apportioning those funds between that Participating County and its
Participating Cities and Towns. Exhibit B also sets forth the allocation to
the Participating Counties and the Participating Cities or Towns within the
Counties based on a default allocation formula. As set forth above in
Section B.3, to determine the allocation to a county, this formula utilizes:
(1) the amount of opioids shipped to the county; (2) the number of opioid
deaths that occurred in that county; and (3) the number of people who
suffer opioid use disorder in that county. To determine the allocation
within a county, the formula utilizes historical federal data showing how
the specific Counties and the Cities and Towns within the Counties have
Moses Lake Council Packet 4-26-22, Page 175 of 245
5
made opioids epidemic-related expenditures in the past. This is the same
methodology used in the National Settlement Agreements for county and
intra-county allocations. A Participating County, and the Cities and Towns
within it may enter into a separate intra-county allocation agreement to
modify how the Opioid Funds are allocated amongst themselves, provided
the modification is in writing and agreed to by all Participating Local
Governments in the County. Such an agreement shall not modify any of
the other terms or requirements of this MOU.
b.10% of the Opioid Funds received by the Region will be reserved,
on an annual basis, for administrative costs related to the OAC. The OAC
will provide an annual accounting for actual costs and any reserved funds
that exceed actual costs will be reallocated to Participating Local
Governments within the Region.
c.Cities and towns with a population of less than 10,000 shall be
excluded from the allocation, with the exception of cities and towns that
are Litigating Participating Local Governments. The portion of the Opioid
Funds that would have been allocated to a city or town with a population
of less than 10,000 that is not a Litigating Participating Local Government
shall be redistributed to Participating Counties in the manner directed
in C.4.a above.
d.Each Participating County, City, or Town may elect to have its
share re-allocated to the OAC in which it is located. The OAC will then
utilize this share for the benefit of Participating Local Governments within
that Allocation Region, consistent with the Approved Purposes set forth in
Exhibit A. A Participating Local Government’s election to forego its
allocation of Opioid Funds shall apply to all future allocations unless the
Participating Local Government notifies its respective OAC otherwise. If a
Participating Local Government elects to forego its allocation of the
Opioid Funds, the Participating Local Government shall be excused from
the reporting requirements set forth in this Agreement.
e.Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds, provided the Opioid Funds are used solely for
Approved Purposes. Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not
exceed actual costs or 10% of the Participating Local Government’s
allocation of Opioid Funds, whichever is less.
f.A Local Government that chooses not to become a Participating
Local Government will not receive a direct allocation of Opioid Funds.
The portion of the Opioid Funds that would have been allocated to a Local
Government that is not a Participating Local Government shall be
Moses Lake Council Packet 4-26-22, Page 176 of 245
6
redistributed to Participating Counties in the manner directed
in C.4.a above.
g.As a condition of receiving a direct payment, each Participating
Local Government that receives a direct payment agrees to undertake the
following actions:
i. Developing a methodology for obtaining proposals for use
of Opioid Funds.
ii. Ensuring there is opportunity for community-based input
on priorities for Opioid Fund programs and services.
iii. Receiving and reviewing proposals for use of Opioid Funds
for Approved Purposes.
iv. Approving or denying proposals for use of Opioid
Funds for Approved Purposes.
v. Receiving funds from the Trustee for approved proposals
and distributing the Opioid Funds to the recipient.
vi. Reporting to the OAC and making publicly available all
decisions on Opioid Fund allocation applications,
distributions and expenditures.
h.Prior to any distribution of Opioid Funds within the Allocation
Region, The Participating Local Governments must establish an Opioid
Abatement Council (OAC) to oversee Opioid Fund allocation,
distribution, expenditures and dispute resolution. The OAC may be a
preexisting regional body or may be a new body created for purposes of
executing the obligations of this MOU.
i.The OAC for each Allocation Region shall be composed of
representation from both Participating Counties and Participating Towns
or Cities within the Region. The method of selecting members, and the
terms for which they will serve will be determined by the Allocation
Region’s Participating Local Governments. All persons who serve on the
OAC must have work or educational experience pertaining to one or more
Approved Uses.
j.The Regional OAC will be responsible for the following actions:
i. Overseeing distribution of Opioid Funds from Participating
Local Governments to programs and services within the
Allocation Region for Approved Purposes.
Moses Lake Council Packet 4-26-22, Page 177 of 245
7
ii. Annual review of expenditure reports from
Participating Local Jurisdictions within the Allocation
Region for compliance with Approved Purposes and the
terms of this MOU and any Settlement.
iii. In the case where Participating Local Governments chose
to forego their allocation of Opioid Funds:
(i) Approving or denying proposals by Participating Local
Governments or community groups to the OAC for use of
Opioid Funds within the Allocation Region.
(ii) Directing the Trustee to distribute Opioid Funds for use
by Participating Local Governments or community groups
whose proposals are approved by the OAC.
(iii) Administrating and maintaining records of all OAC
decisions and distributions of Opioid Funds.
iv. Reporting and making publicly available all decisions on
Opioid Fund allocation applications, distributions and
expenditures by the OAC or directly by Participating Local
Governments.
v. Developing and maintaining a centralized public dashboard
or other repository for the publication of expenditure data
from any Participating Local Government that receives
Opioid Funds, and for expenditures by the OAC in that
Allocation Region, which it shall update at least annually.
vi. If necessary, requiring and collecting additional outcome-
related data from Participating Local Governments to
evaluate the use of Opioid Funds, and all Participating
Local Governments shall comply with such requirements.
vii. Hearing complaints by Participating Local Governments
within the Allocation Region regarding alleged failure to
(1) use Opioid Funds for Approved Purposes or (2) comply
with reporting requirements.
5. Participating Local Governments may agree and elect to share,
pool, or collaborate with their respective allocation of Opioid Funds in any
manner they choose by adopting a Regional Agreement, so long as such
sharing, pooling, or collaboration is used for Approved Purposes and
complies with the terms of this MOU and any Settlement.
Moses Lake Council Packet 4-26-22, Page 178 of 245
8
6. Nothing in this MOU should alter or change any Participating
Local Government’s rights to pursue its own claim. Rather, the intent of
this MOU is to join all parties who wish to be Participating Local
Governments to agree upon an allocation formula for any Opioid Funds
from any future binding Settlement with one or more Pharmaceutical
Supply Chain Participants for all Local Governments in the State of
Washington.
7. If any Participating Local Government disputes the amount it
receives from its allocation of Opioid Funds, the Participating Local
Government shall alert its respective OAC within sixty (60) days of
discovering the information underlying the dispute. Failure to alert its
OAC within this time frame shall not constitute a waiver of the
Participating Local Government’s right to seek recoupment of any
deficiency in its allocation of Opioid Funds.
8. If any OAC concludes that a Participating Local Government’s
expenditure of its allocation of Opioid Funds did not comply with the
Approved Purposes listed in Exhibit A, or the terms of this MOU, or that
the Participating Local Government otherwise misused its allocation of
Opioid Funds, the OAC may take remedial action against the alleged
offending Participating Local Government. Such remedial action is left to
the discretion of the OAC and may include withholding future Opioid
Funds owed to the offending Participating Local Government or requiring
the offending Participating Local Government to reimburse improperly
expended Opioid Funds back to the OAC to be re-allocated to the
remaining Participating Local Governments within that Region.
9. All Participating Local Governments and OAC shall maintain all
records related to the receipt and expenditure of Opioid Funds for no less
than five (5) years and shall make such records available for review by
any other Participating Local Government or OAC, or the public. Records
requested by the public shall be produced in accordance with
Washington’s Public Records Act RCW 42.56.001 et seq. Records
requested by another Participating Local Government or an OAC shall be
produced within twenty-one (21) days of the date the record request was
received. This requirement does not supplant any Participating Local
Government or OAC’s obligations under Washington’s Public Records
Act RCW 42.56.001 et seq.
D.Payment of Counsel and Litigation Expenses
1.The Litigating Local Governments have incurred attorneys’ fees
and litigation expenses relating to their prosecution of claims against the
Pharmaceutical Supply Chain Participants, and this prosecution has inured to the
benefit of all Participating Local Governments. Accordingly, a Washington
Moses Lake Council Packet 4-26-22, Page 179 of 245
9
Government Fee Fund (“GFF”) shall be established that ensures that all Parties
that receive Opioid Funds contribute to the payment of fees and expenses incurred
to prosecute the claims against the Pharmaceutical Supply Chain Participants,
regardless of whether they are litigating or non-litigating entities.
2.The amount of the GFF shall be based as follows: the funds to be
deposited in the GFF shall be equal to 15% of the total cash value of the Opioid
Funds.
3.The maximum percentage of any contingency fee agreement
permitted for compensation shall be 15% of the portion of the Opioid Funds
allocated to the Litigating Local Government that is a party to the contingency fee
agreement, plus expenses attributable to that Litigating Local Government. Under
no circumstances may counsel collect more for its work on behalf of a Litigating
Local Government than it would under its contingency agreement with that
Litigating Local Government.
4.Payments from the GFF shall be overseen by a committee (the
“Opioid Fee and Expense Committee”) consisting of one representative of the
following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol
Shapiro LLP; (c) Goldfarb & Huck Roth Riojas, PLLC; and (d) Napoli Shkolnik
PLLC. The role of the Opioid Fee and Expense Committee shall be limited to
ensuring that the GFF is administered in accordance with this Section.
5.In the event that settling Pharmaceutical Supply Chain Participants
do not pay the fees and expenses of the Participating Local Governments directly
at the time settlement is achieved, payments to counsel for Participating Local
Governments shall be made from the GFF over not more than three years, with
50% paid within 12 months of the date of Settlement and 25% paid in each
subsequent year, or at the time the total Settlement amount is paid to the Trustee
by the Defendants, whichever is sooner.
6.Any funds remaining in the GFF in excess of: (i) the amounts
needed to cover Litigating Local Governments’ private counsel’s representation
agreements, and (ii) the amounts needed to cover the common benefit tax
discussed in Section C.8 below (if not paid directly by the Defendants in
connection with future settlement(s), shall revert to the Participating Local
Governments pro rata according to the percentages set forth in Exhibits B, to be
used for Approved Purposes as set forth herein and in Exhibit A.
7.In the event that funds in the GFF are not sufficient to pay all fees
and expenses owed under this Section, payments to counsel for all Litigating
Local Governments shall be reduced on a pro rata basis. The Litigating Local
Governments will not be responsible for any of these reduced amounts.
Moses Lake Council Packet 4-26-22, Page 180 of 245
10
8.The Parties anticipate that any Opioid Funds they receive will be
subject to a common benefit “tax” imposed by the court in In Re: National
Prescription Opiate Litigation, United States District Court for the Northern
District of Ohio, Case No. 1:17-md-02804-DAP (“Common Benefit Tax”). If this
occurs, the Participating Local Governments shall first seek to have the settling
defendants pay the Common Benefit Tax. If the settling defendants do not agree
to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid
from the Opioid Funds and by both litigating and non-litigating Local
Governments. This payment shall occur prior to allocation and distribution of
funds to the Participating Local Governments. In the event that GFF is not fully
exhausted to pay the Litigating Local Governments’ private counsel’s
representation agreements, excess funds in the GFF shall be applied to pay the
Common Benefit Tax (if any).
E.General Terms
1.If any Participating Local Government believes another
Participating Local Government, not including the Regional Abatement Advisory
Councils, violated the terms of this MOU, the alleging Participating Local
Government may seek to enforce the terms of this MOU in the court in which any
applicable Settlement(s) was entered, provided the alleging Participating Local
Government first provides the alleged offending Participating Local Government
notice of the alleged violation(s) and a reasonable opportunity to cure the alleged
violation(s). In such an enforcement action, any alleging Participating Local
Government or alleged offending Participating Local Government may be
represented by their respective public entity in accordance with Washington law.
2.Nothing in this MOU shall be interpreted to waive the right of any
Participating Local Government to seek judicial relief for conduct occurring
outside the scope of this MOU that violates any Washington law. In such an
action, the alleged offending Participating Local Government, including the
Regional Abatement Advisory Councils, may be represented by their respective
public entities in accordance with Washington law. In the event of a conflict, any
Participating Local Government, including the Regional Abatement Advisory
Councils and its Members, may seek outside representation to defend itself
against such an action.
3.Venue for any legal action related to this MOU shall be in the
court in which the Participating Local Government is located or in accordance
with the court rules on venue in that jurisdiction. This provision is not intended to
expand the court rules on venue.
4.This MOU may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the
same instrument. The Participating Local Governments approve the use of
electronic signatures for execution of this MOU. All use of electronic signatures
Moses Lake Council Packet 4-26-22, Page 181 of 245
11
shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-
101, et seq. The Parties agree not to deny the legal effect or enforceability of the
MOU solely because it is in electronic form or because an electronic record was
used in its formation. The Participating Local Government agree not to object to
the admissibility of the MOU in the form of an electronic record, or a paper copy
of an electronic document, or a paper copy of a document bearing an electronic
signature, on the grounds that it is an electronic record or electronic signature or
that it is not in its original form or is not an original.
5.Each Participating Local Government represents that all
procedures necessary to authorize such Participating Local Government’s
execution of this MOU have been performed and that the person signing for such
Party has been authorized to execute the MOU.
[Remainder of Page Intentionally Left Blank – Signature Pages Follow]
Moses Lake Council Packet 4-26-22, Page 182 of 245
12
This One Washington Memorandum of Understanding Between Washington
Municipalities is signed this _____ day of ___________________, 2022 by:
_______________________________________________
Name & Title ___________________________________
On behalf of ____________________________________
Moses Lake Council Packet 4-26-22, Page 183 of 245
EXHIBIT A
Moses Lake Council Packet 4-26-22, Page 184 of 245
1
O P I O I D A B A T E M E N T S T R A T E G I E S
PART ONE: TREATMENT
A.TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use
Disorder or Mental Health (SUD/MH) conditions, co-usage, and/or co-addiction through
evidence-based, evidence-informed, or promising programs or strategies that may include,
but are not limited to, the following:
1.Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
co-usage, and/or co-addiction, including all forms of Medication-Assisted Treatment
(MAT) approved by the U.S. Food and Drug Administration.
2.Support and reimburse services that include the full American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, including but not limited to:
a.Medication-Assisted Treatment (MAT);
b.Abstinence-based treatment;
c.Treatment, recovery, or other services provided by states, subdivisions,
community health centers; non-for-profit providers; or for-profit providers;
d.Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions, co-usage, and/or co-addiction; or
e.Evidence-informed residential services programs, as noted below.
3.Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, including MAT, as well as
counseling, psychiatric support, and other treatment and recovery support services.
4.Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based,
evidence-informed, or promising practices such as adequate methadone dosing.
5.Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction and
for persons who have experienced an opioid overdose.
6.Support treatment of mental health trauma resulting from the traumatic experiences of
the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood
experiences) and family members (e.g., surviving family members after an overdose
Moses Lake Council Packet 4-26-22, Page 185 of 245
2
or overdose fatality), and training of health care personnel to identify and address such
trauma.
7.Support detoxification (detox) and withdrawal management services for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including medical detox, referral to treatment, or connections to other services or
supports.
8.Support training on MAT for health care providers, students, or other supporting
professionals, such as peer recovery coaches or recovery outreach specialists,
including telementoring to assist community-based providers in rural or underserved
areas.
9.Support workforce development for addiction professionals who work with persons
with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
10.Provide fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11.Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.
12.Support the dissemination of web-based training curricula, such as the American
Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-
based training curriculum and motivational interviewing.
13. Support the development and dissemination of new curricula, such as the American
Academy of Addiction Psychiatry’s Provider Clinical Support Service for
Medication-Assisted Treatment.
B.SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in treatment for and recovery from OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction through evidence-based, evidence-informed, or
promising programs or strategies that may include, but are not limited to, the following:
1.Provide the full continuum of care of recovery services for OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, including supportive housing,
residential treatment, medical detox services, peer support services and counseling,
community navigators, case management, and connections to community-based
services.
2.Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
Moses Lake Council Packet 4-26-22, Page 186 of 245
3
3.Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, including supportive housing, recovery
housing, housing assistance programs, or training for housing providers.
4.Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction.
5.Support or expand peer-recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
6.Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-
addiction.
7.Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and
capacity of high-quality programs to help those in recovery.
8.Engage non-profits, faith-based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
manage the opioid user in the family.
9.Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to current and recovering opioid users,
including reducing stigma.
10.Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
C.CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have – or are at risk of developing – OUD and
any co-occurring SUD/MH conditions, co-usage, and/or co-addiction through evidence-
based, evidence-informed, or promising programs or strategies that may include, but are not
limited to, the following:
1.Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.
2.Support Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to
reduce the transition from use to disorders.
3.Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
Moses Lake Council Packet 4-26-22, Page 187 of 245
4
4.Purchase automated versions of SBIRT and support ongoing costs of the technology.
5.Support training for emergency room personnel treating opioid overdose patients on
post-discharge planning, including community referrals for MAT, recovery case
management or support services.
6.Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, or persons who have experienced
an opioid overdose, into community treatment or recovery services through a bridge
clinic or similar approach.
7.Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction or persons that have experienced an opioid overdose.
8.Support the work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid-related adverse event.
9.Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar settings;
offer services, supports, or connections to care to persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction or to persons who have
experienced an opioid overdose.
10.Provide funding for peer navigators, recovery coaches, care coordinators, or care
managers that offer assistance to persons with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction or to persons who have experienced on
opioid overdose.
11.Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
12.Develop and support best practices on addressing OUD in the workplace.
13.Support assistance programs for health care providers with OUD.
14.Engage non-profits and the faith community as a system to support outreach for
treatment.
15.Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
16.Create or support intake and call centers to facilitate education and access to
treatment, prevention, and recovery services for persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction.
Moses Lake Council Packet 4-26-22, Page 188 of 245
5
17.Develop or support a National Treatment Availability Clearinghouse – a
multistate/nationally accessible database whereby health care providers can list
locations for currently available in-patient and out-patient OUD treatment services
that are accessible on a real-time basis by persons who seek treatment.
D.ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction who are involved – or are at risk of becoming involved – in the
criminal justice system through evidence-based, evidence-informed, or promising programs
or strategies that may include, but are not limited to, the following:
1.Support pre-arrest or post-arrest diversion and deflection strategies for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including established strategies such as:
a.Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (PAARI);
b.Active outreach strategies such as the Drug Abuse Response Team (DART)
model;
c.“Naloxone Plus” strategies, which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to
treatment programs or other appropriate services;
d.Officer prevention strategies, such as the Law Enforcement Assisted Diversion
(LEAD) model;
e.Officer intervention strategies such as the Leon County, Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative;
f.Co-responder and/or alternative responder models to address OUD-related 911
calls with greater SUD expertise and to reduce perceived barriers associated with
law enforcement 911 responses; or
g.County prosecution diversion programs, including diversion officer salary, only
for counties with a population of 50,000 or less. Any diversion services in matters
involving opioids must include drug testing, monitoring, or treatment.
2.Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction to evidence-informed treatment,
including MAT, and related services.
3.Support treatment and recovery courts for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, but only if these courts provide
referrals to evidence-informed treatment, including MAT.
Moses Lake Council Packet 4-26-22, Page 189 of 245
6
4.Provide evidence-informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction who are incarcerated in jail or prison.
5.Provide evidence-informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction who are leaving jail or prison have recently
left jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6.Support critical time interventions (CTI), particularly for individuals living with dual-
diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional settings.
7.Provide training on best practices for addressing the needs of criminal-justice-
involved persons with OUD and any co-occurring SUD/MH conditions, co-usage,
and/or co-addiction to law enforcement, correctional, or judicial personnel or to
providers of treatment, recovery, case management, or other services offered in
connection with any of the strategies described in this section.
E.ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, and the needs of their families, including
babies with neonatal abstinence syndrome, through evidence-based, evidence-informed, or
promising programs or strategies that may include, but are not limited to, the following:
1.Support evidence-based, evidence-informed, or promising treatment, including MAT,
recovery services and supports, and prevention services for pregnant women – or
women who could become pregnant – who have OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2.Provide training for obstetricians or other healthcare personnel that work with
pregnant women and their families regarding treatment of OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
3.Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan
of safe care.
4.Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
Moses Lake Council Packet 4-26-22, Page 190 of 245
7
5.Offer enhanced family supports and home-based wrap-around services to persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including but not limited to parent skills training.
6.Support for Children’s Services – Fund additional positions and services, including
supportive housing and other residential services, relating to children being removed
from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F.PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing
of opioids through evidence-based, evidence-informed, or promising programs or strategies
that may include, but are not limited to, the following:
1.Training for health care providers regarding safe and responsible opioid prescribing,
dosing, and tapering patients off opioids.
2.Academic counter-detailing to educate prescribers on appropriate opioid prescribing.
3.Continuing Medical Education (CME) on appropriate prescribing of opioids.
4.Support for non-opioid pain treatment alternatives, including training providers to
offer or refer to multi-modal, evidence-informed treatment of pain.
5.Support enhancements or improvements to Prescription Drug Monitoring Programs
(PDMPs), including but not limited to improvements that:
a.Increase the number of prescribers using PDMPs;
b.Improve point-of-care decision-making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs or by improving the
interface that prescribers use to access PDMP data, or both; or
c.Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified
within PDMP data as likely to experience OUD.
6.Development and implementation of a national PDMP – Fund development of a
multistate/national PDMP that permits information sharing while providing
appropriate safeguards on sharing of private health information, including but not
limited to:
a.Integration of PDMP data with electronic health records, overdose episodes,
and decision support tools for health care providers relating to OUD.
Moses Lake Council Packet 4-26-22, Page 191 of 245
8
b.Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency
Medical Technician overdose database.
7.Increase electronic prescribing to prevent diversion or forgery.
8.Educate Dispensers on appropriate opioid dispensing.
G.PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based, evidence-
informed, or promising programs or strategies that may include, but are not limited to, the
following:
1.Corrective advertising or affirmative public education campaigns based on evidence.
2.Public education relating to drug disposal.
3.Drug take-back disposal or destruction programs.
4.Fund community anti-drug coalitions that engage in drug prevention efforts.
5.Support community coalitions in implementing evidence-informed prevention, such
as reduced social access and physical access, stigma reduction – including staffing,
educational campaigns, support for people in treatment or recovery, or training of
coalitions in evidence-informed implementation, including the Strategic Prevention
Framework developed by the U.S. Substance Abuse and Mental Health Services
Administration (SAMHSA).
6.Engage non-profits and faith-based communities as systems to support prevention.
7.Support evidence-informed school and community education programs and
campaigns for students, families, school employees, school athletic programs, parent-
teacher and student associations, and others.
8.School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in preventing
the uptake and use of opioids.
9.Support community-based education or intervention services for families, youth, and
adolescents at risk for OUD and any co-occurring SUD/MH conditions, co-usage,
and/or co-addiction.
10.Support evidence-informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
11.Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses or other school staff, to
Moses Lake Council Packet 4-26-22, Page 192 of 245
9
address mental health needs in young people that (when not properly addressed)
increase the risk of opioid or other drug misuse.
H.PREVENT OVERDOSE DEATHS AND OTHER HARMS
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through
evidence-based, evidence-informed, or promising programs or strategies that may include,
but are not limited to, the following:
1.Increase availability and distribution of naloxone and other drugs that treat overdoses
for first responders, overdose patients, opioid users, families and friends of opioid
users, schools, community navigators and outreach workers, drug offenders upon
release from jail/prison, or other members of the general public.
2.Provision by public health entities of free naloxone to anyone in the community,
including but not limited to provision of intra-nasal naloxone in settings where other
options are not available or allowed.
3.Training and education regarding naloxone and other drugs that treat overdoses for
first responders, overdose patients, patients taking opioids, families, schools, and
other members of the general public.
4.Enable school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5.Expand, improve, or develop data tracking software and applications for
overdoses/naloxone revivals.
6.Public education relating to emergency responses to overdoses.
7.Public education relating to immunity and Good Samaritan laws.
8.Educate first responders regarding the existence and operation of immunity and Good
Samaritan laws.
9.Expand access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
10.Support mobile units that offer or provide referrals to treatment, recovery supports,
health care, or other appropriate services to persons that use opioids or persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
11.Provide training in treatment and recovery strategies to health care providers,
students, peer recovery coaches, recovery outreach specialists, or other professionals
that provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction.
12.Support screening for fentanyl in routine clinical toxicology testing.
Moses Lake Council Packet 4-26-22, Page 193 of 245
10
PART THREE: OTHER STRATEGIES
I.FIRST RESPONDERS
In addition to items C8, D1 through D7, H1, H3, and H8, support the following:
1.Current and future law enforcement expenditures relating to the opioid epidemic.
2.Educate law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl or other drugs.
J.LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic
through activities, programs, or strategies that may include, but are not limited to, the
following:
1.Community regional planning to identify goals for reducing harms related to the
opioid epidemic, to identify areas and populations with the greatest needs for
treatment intervention services, or to support other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
2.A government dashboard to track key opioid-related indicators and supports as
identified through collaborative community processes.
3.Invest in infrastructure or staffing at government or not-for-profit agencies to support
collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MH conditions, co-usage, and/or co-addiction, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to
abate the opioid epidemic described in this opioid abatement strategy list.
4.Provide resources to staff government oversight and management of opioid abatement
programs.
K.TRAINING
In addition to the training referred to in various items above, support training to abate the
opioid epidemic through activities, programs, or strategies that may include, but are not
limited to, the following:
1.Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not-for-profit entities to abate the opioid
crisis.
2.Invest in infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction, or implement other
Moses Lake Council Packet 4-26-22, Page 194 of 245
11
strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g., health care, primary care, pharmacies, PDMPs, etc.).
L.RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1.Monitoring, surveillance, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2.Research non-opioid treatment of chronic pain.
3.Research on improved service delivery for modalities such as SBIRT that demonstrate
promising but mixed results in populations vulnerable to opioid use disorders.
4.Research on innovative supply-side enforcement efforts such as improved detection of
mail-based delivery of synthetic opioids.
5.Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g. Hawaii HOPE and Dakota 24/7).
6.Research on expanded modalities such as prescription methadone that can expand
access to MAT.
Moses Lake Council Packet 4-26-22, Page 195 of 245
EXHIBIT B
Local
County Government % Allocation
Adams County
Adams County 0.1638732475%
Hatton
Lind
Othello
Ritzville
Washtucna
County Total:0.1638732475%
Asotin County
Asotin County 0.4694498386%
Asotin
Clarkston
County Total:0.4694498386%
Benton County
Benton County 1.4848831892%
Benton City
Kennewick 0.5415650564%
Prosser
Richland 0.4756779517%
West Richland 0.0459360490%
County Total:2.5480622463%
Chelan County
Chelan County 0.7434914485%
Cashmere
Chelan
Entiat
Leavenworth
Wenatchee 0.2968333494%
County Total:1.0403247979%
Clallam County
Clallam County 1.3076983401%
Forks
Port Angeles 0.4598370527%
Sequim
County Total:1.7675353928%
*** - Local Government appears in multiple counties B-1 Moses Lake Council Packet 4-26-22, Page 196 of 245
EXHIBIT B
Local
County Government % Allocation
Clark County
Clark County 4.5149775326%
Battle Ground 0.1384729857%
Camas 0.2691592724%
La Center
Ridgefield
Vancouver 1.7306605325%
Washougal 0.1279328220%
Woodland***
Yacolt
County Total:6.7812031452%
Columbia County
Columbia County 0.0561699537%
Dayton
Starbuck
County Total:0.0561699537%
Cowlitz County
Cowlitz County 1.7226945990%
Castle Rock
Kalama
Kelso 0.1331145270%
Longview 0.6162736905%
Woodland***
County Total:2.4720828165%
Douglas County
Douglas County 0.3932175175%
Bridgeport
Coulee Dam***
East Wenatchee 0.0799810865%
Mansfield
Rock Island
Waterville
County Total:0.4731986040%
Ferry County
Ferry County 0.1153487994%
Republic
County Total:0.1153487994%
*** - Local Government appears in multiple counties B-2 Moses Lake Council Packet 4-26-22, Page 197 of 245
EXHIBIT B
Local
County Government % Allocation
Franklin County
Franklin County 0.3361237144%
Connell
Kahlotus
Mesa
Pasco 0.4278056066%
County Total:0.7639293210%
Garfield County
Garfield County 0.0321982209%
Pomeroy
County Total:0.0321982209%
Grant County
Grant County 0.9932572167%
Coulee City
Coulee Dam***
Electric City
Ephrata
George
Grand Coulee
Hartline
Krupp
Mattawa
Moses Lake 0.2078293909%
Quincy
Royal City
Soap Lake
Warden
Wilson Creek
County Total:1.2010866076%
*** - Local Government appears in multiple counties B-3 Moses Lake Council Packet 4-26-22, Page 198 of 245
EXHIBIT B
Local
County Government % Allocation
Grays Harbor County
Grays Harbor County 0.9992429138%
Aberdeen 0.2491525333%
Cosmopolis
Elma
Hoquiam
McCleary
Montesano
Oakville
Ocean Shores
Westport
County Total:1.2483954471%
Island County
Island County 0.6820422610%
Coupeville
Langley
Oak Harbor 0.2511550431%
County Total:0.9331973041%
Jefferson County
Jefferson County 0.4417137380%
Port Townsend
County Total:0.4417137380%
*** - Local Government appears in multiple counties B-4 Moses Lake Council Packet 4-26-22, Page 199 of 245
EXHIBIT B
Local
County Government % Allocation
King County
King County 13.9743722662%
Algona
Auburn***0.2622774917%
Beaux Arts Village
Bellevue 1.1300592573%
Black Diamond
Bothell***0.1821602716%
Burien 0.0270962921%
Carnation
Clyde Hill
Covington 0.0118134406%
Des Moines 0.1179764526%
Duvall
Enumclaw***0.0537768326%
Federal Way 0.3061452240%
Hunts Point
Issaquah 0.1876240107%
Kenmore 0.0204441024%
Kent 0.5377397676%
Kirkland 0.5453525246%
Lake Forest Park 0.0525439124%
Maple Valley 0.0093761587%
Medina
Mercer Island 0.1751797481%
Milton***
Newcastle 0.0033117880%
Normandy Park
North Bend
Pacific***
Redmond 0.4839486007%
Renton 0.7652626920%
Sammamish 0.0224369090%
SeaTac 0.1481551278%
Seattle 6.6032403816%
Shoreline 0.0435834501%
Skykomish
Snoqualmie 0.0649164481%
Tukwila 0.3032205739%
Woodinville 0.0185516364%
Yarrow Point
County Total:26.0505653608%
*** - Local Government appears in multiple counties B-5 Moses Lake Council Packet 4-26-22, Page 200 of 245
EXHIBIT B
Local
County Government % Allocation
Kitsap County
Kitsap County 2.6294133668%
Bainbridge Island 0.1364686014%
Bremerton 0.6193374389%
Port Orchard 0.1009497162%
Poulsbo 0.0773748246%
County Total:3.5635439479%
Kittitas County
Kittitas County 0.3855704683%
Cle Elum
Ellensburg 0.0955824915%
Kittitas
Roslyn
South Cle Elum
County Total:0.4811529598%
Klickitat County
Klickitat County 0.2211673457%
Bingen
Goldendale
White Salmon
County Total:0.2211673457%
Lewis County
Lewis County 1.0777377479%
Centralia 0.1909990353%
Chehalis
Morton
Mossyrock
Napavine
Pe Ell
Toledo
Vader
Winlock
County Total:1.2687367832%
*** - Local Government appears in multiple counties B-6 Moses Lake Council Packet 4-26-22, Page 201 of 245
EXHIBIT B
Local
County Government % Allocation
Lincoln County
Lincoln County 0.1712669645%
Almira
Creston
Davenport
Harrington
Odessa
Reardan
Sprague
Wilbur
County Total:0.1712669645%
Mason County
Mason County 0.8089918012%
Shelton 0.1239179888%
County Total:0.9329097900%
Okanogan County
Okanogan County 0.6145043345%
Brewster
Conconully
Coulee Dam***
Elmer City
Nespelem
Okanogan
Omak
Oroville
Pateros
Riverside
Tonasket
Twisp
Winthrop
County Total:0.6145043345%
Pacific County
Pacific County 0.4895416466%
Ilwaco
Long Beach
Raymond
South Bend
County Total:0.4895416466%
*** - Local Government appears in multiple counties B-7 Moses Lake Council Packet 4-26-22, Page 202 of 245
EXHIBIT B
Local
County Government % Allocation
Pend Oreille County
Pend Oreille County 0.2566374940%
Cusick
Ione
Metaline
Metaline Falls
Newport
County Total:0.2566374940%
Pierce County
Pierce County 7.2310164020%
Auburn***0.0628522112%
Bonney Lake 0.1190773864%
Buckley
Carbonado
DuPont
Eatonville
Edgewood 0.0048016791%
Enumclaw***0.0000000000%
Fife 0.1955185481%
Fircrest
Gig Harbor 0.0859963345%
Lakewood 0.5253640894%
Milton***
Orting
Pacific***
Puyallup 0.3845704814%
Roy
Ruston
South Prairie
Steilacoom
Sumner 0.1083157569%
Tacoma 3.2816374617%
University Place 0.0353733363%
Wilkeson
County Total:12.0345236870%
San Juan County
San Juan County 0.2101495171%
Friday Harbor
County Total:0.2101495171%
*** - Local Government appears in multiple counties B-8 Moses Lake Council Packet 4-26-22, Page 203 of 245
EXHIBIT B
Local
County Government % Allocation
Skagit County
Skagit County 1.0526023961%
Anacortes 0.1774962906%
Burlington 0.1146861661%
Concrete
Hamilton
La Conner
Lyman
Mount Vernon 0.2801063665%
Sedro-Woolley 0.0661146351%
County Total:1.6910058544%
Skamania County
Skamania County 0.1631931925%
North Bonneville
Stevenson
County Total:0.1631931925%
Snohomish County
Snohomish County 6.9054415622%
Arlington 0.2620524080%
Bothell***0.2654558588%
Brier
Darrington
Edmonds 0.3058936009%
Everett 1.9258363241%
Gold Bar
Granite Falls
Index
Lake Stevens 0.1385202891%
Lynnwood 0.7704629214%
Marysville 0.3945067827%
Mill Creek 0.1227939546%
Monroe 0.1771621898%
Mountlake Terrace 0.2108935805%
Mukilteo 0.2561790702%
Snohomish 0.0861097964%
Stanwood
Sultan
Woodway
County Total:11.8213083387%
*** - Local Government appears in multiple counties B-9 Moses Lake Council Packet 4-26-22, Page 204 of 245
EXHIBIT B
Local
County Government % Allocation
Spokane County
Spokane County 5.5623859292%
Airway Heights
Cheney 0.1238454349%
Deer Park
Fairfield
Latah
Liberty Lake 0.0389636519%
Medical Lake
Millwood
Rockford
Spangle
Spokane 3.0872078287%
Spokane Valley 0.0684217500%
Waverly
County Total:8.8808245947%
Stevens County
Stevens County 0.7479240179%
Chewelah
Colville
Kettle Falls
Marcus
Northport
Springdale
County Total:0.7479240179%
Thurston County
Thurston County 2.3258492094%
Bucoda
Lacey 0.2348627221%
Olympia 0.6039423385%
Rainier
Tenino
Tumwater 0.2065982350%
Yelm
County Total:3.3712525050%
Wahkiakum County
Wahkiakum County 0.0596582197%
Cathlamet
County Total:0.0596582197%
*** - Local Government appears in multiple counties B-10 Moses Lake Council Packet 4-26-22, Page 205 of 245
EXHIBIT B
Local
County Government % Allocation
Walla Walla County
Walla Walla County 0.5543870294%
College Place
Prescott
Waitsburg
Walla Walla 0.3140768654%
County Total:0.8684638948%
Whatcom County
Whatcom County 1.3452637306%
Bellingham 0.8978614577%
Blaine
Everson
Ferndale 0.0646101891%
Lynden 0.0827115612%
Nooksack
Sumas
County Total:2.3904469386%
Whitman County
Whitman County 0.2626805837%
Albion
Colfax
Colton
Endicott
Farmington
Garfield
LaCrosse
Lamont
Malden
Oakesdale
Palouse
Pullman 0.2214837491%
Rosalia
St. John
Tekoa
Uniontown
County Total:0.4841643328%
*** - Local Government appears in multiple counties B-11 Moses Lake Council Packet 4-26-22, Page 206 of 245
EXHIBIT B
Local
County Government % Allocation
Yakima County
Yakima County 1.9388392959%
Grandview 0.0530606109%
Granger
Harrah
Mabton
Moxee
Naches
Selah
Sunnyside 0.1213478384%
Tieton
Toppenish
Union Gap
Wapato
Yakima 0.6060410539%
Zillah
County Total:2.7192887991%
*** - Local Government appears in multiple counties B-12 Moses Lake Council Packet 4-26-22, Page 207 of 245
04/21/22
1
ONE WASHINGTON OPIOIDS SETTLEMENT
MEMORANDUM OF UNDERSTANDING
ONE WASHINGTON OPIOIDS MOU
WHY DO WE NEED TO SIGN?
•Settlements may be reached with the “Big 3” opioid distributors (McKesson,
Cardinal Health, and AmerisourceBergen) and Johnson & Johnson to resolve
claims by Washington local governments that these companies contributed to
the opioid epidemic.
•The One Washington MOU establishes the framework for distributing and
sharing these settlement proceeds throughout Washington.
•The One Washington MOU prioritizes regionalism, collaboration, and
abatement.
•Defendants want an allocation framework in connection with settlement funds
they will pay in this state.
2
1
2
Moses Lake Council Packet 4-26-22, Page 208 of 245
04/21/22
2
APPROVED PURPOSES OF SETTLEMENT
FUNDS
•All settlement funds must be used only for Approved Purposes.
•Approved Purposes are a long and broad list of uses that focus on forward-
looking abatement strategies.
•Examples of Approved Purposes from Opioid Abatement Strategies:
3
ALLOCATION OF SETTLEMENT FUNDS
•Under the One Washington MOU, settlement proceeds will be allocated based
on the methodology utilized for the Negotiation Class in In Re: National
Prescription Opiate Litigation, United States District Court for the Northern
District of Ohio, Case No. 1:17-md-02804-DAP. This formula has largely been
used in other state allocation agreements as well.
•To determine the allocation to a county, this formula utilizes: (1) the amount of
opioids shipped to the county; (2) the number of opioid deaths that occurred
in that county; and (3) the number of people who suffer opioid use disorder in
that county.
•To determine the allocation within a county, the formula utilizes historical
federal data showing how the specific counties and the cities and towns within
the counties have made opioids epidemic-related expenditures in the past.
4
3
4
Moses Lake Council Packet 4-26-22, Page 209 of 245
04/21/22
3
ALLOCATION REGIONS
•In the One Washington MOU, the regional structure for decision-making
related to opioid fund allocation will be based upon the nine (9) pre-defined
Washington State Accountable Community of Health Regions.
•Opioid funds will be allocated, distributed and managed within each Allocation
Region, as determined by its Regional Agreement.
•A local government that chooses not to participate or sign onto the One
Washington MOU will not receive a direct allocation of funds and the portion
that it would have received will instead be re-allocated to the participating
counties within its Allocation Region.
5
ALLOCATION
REGIONS
6
•9 Allocation Regions based
on the Washington State
Accountable Community of
Health Regions
•Each Allocation Region will
have its own Regional
Agreement, which will
govern allocation,
management, and
distribution of funds within
that Allocation Region.
5
6
Moses Lake Council Packet 4-26-22, Page 210 of 245
04/21/22
4
OPIOID ABATEMENT COUNCIL
•Prior to distribution of any funds, the participating local governments within an
Allocation Region must establish an Opioid Abatement Council (OAC).
•The OAC will be responsible for:
•Releasing funds in accordance with Approved Purposes
•Annual review of expenditure reports
•Developing and maintaining a centralized dashboard for the publication of
expenditure data to be updated annually
•Hearing complaints regarding failure to use funds for approved purposes or
comply with reporting
•The OAC will be composed of representatives from counties, cities or towns
within that Allocation Region.
7
ATTORNEYS’ FEES AND EXPENSES
•A Washington Government Fee Fund (GFF) will be established to ensure that
all parties who receive opioids funds contribute to the payment of attorneys’
fees and expenses.
•The GFF will be 15% of the total cash value of opioids funds.
8
7
8
Moses Lake Council Packet 4-26-22, Page 211 of 245
04/21/22
5
MOU PARTICIPATION & TIMELINE
•The One Washington MOU and participation forms can be signed by the body
or individual with authority to approve and execute the documents on behalf
of the local government.
•We want the MOU to be signed as soon as possible so we can begin
negotiating with these defendants.
•We request that local governments to sign by April 30, 2022 (please let us
know if you need more time).
9
9
Moses Lake Council Packet 4-26-22, Page 212 of 245
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: April 19, 2022
Proceeding Type: Consent Agenda
Subject: Stratford Road Project - 2020
Project Acceptance to begin 60-Day Lien Period
Legislative History: Financial Impact:
• First Presentation: April 26, 2022 Contracted Amount: $ 1,726,332.68
• Second Presentation: Total Adjustments: $ 116,094.30
• Action: Motion to Accept Total Actual Cost: $ 1,610,238.38
Overview
C&R Tractor and Landscaping
has completed the work for the
“Stratford Road Project – 2020”
and the work is ready for
acceptance. The project
upgraded Stratford Road from
Broadway Avenue north to the
SR 17 right of way. This work
included widening toward the
east to add an additional traffic
lane through the Valley Road
intersection. The work included
traffic signal replacements and
pedestrian crossing upgrades,
storm water improvements,
and 4-inches of asphalt mill and
fill.
Benefits of completing the project included safer movement of motorists and pedestrians
through the corridor with improved traffic flow.
Cost of the Work
The engineer’s estimate for the project was $2,069,300. The lowest responsive bid was for
$1,726,332.68. Contract adjustments totaled $116,094.30, which included quantity changes,
change orders, and a negotiated final settlement (See Attachment B). The final project cost is
$1,610,238.38, which includes all adjustments (See Attachment A).
STRATFORD ROAD LOOKING NORTH
Page 2 of 2
Staff Inspection
The “Stratford Road Project – 2020” was completed by the contractor, C&R Tractor and
Landscaping. All work has been inspected by City Staff and has been recommended for
acceptance.
Fiscal and Policy Implications
After Council Acceptance of the project, the City will enter into the 60-day lien period as required
by Washington State Law.
Council Packet Attachment
A. Final Pay Estimate
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Accept the Project Staff will send a notification of acceptance to the
contractor and the 60-day lien period will begin.
• Request Additional Information Staff will provide the requested information.
• Take no Action The project will not be accepted at this time.
Action Recommended
Staff recommends accepting the negotiated settlement agreement and the final acceptance of
the “Stratford Road Project – 2020” (A-816).
STRATFORD ROAD
LOOKING NORTH
Page intentionally left blank
Page intentionally left blank
Page intentionally left blank
Page intentionally left blank
Page intentionally left blank
Page intentionally left blank
Page 1 of 2
STAFF REPORT
To: Mayor and City Council
From: Allison Williams, City Manager
Date: April 19, 2022
Proceeding Type: Old Business
Subject: Contract Amendments with Perteet
Legislative History: Financial Impact:
• Last Presentation: December 8, 2021 Budgeted Amount: $ 90,000
• Current Presentation: April 26, 2022 Unbudgeted Amount: $ 6,100
• Action: Motion Total Cost: $ 96,100
Overview
In an effort to get the City’s transportation planning up to date with the overall Comprehensive
Plan, Perteet Consulting was hired as a part of the consulting team and they were tasked with
updating the Transportation element. As a result of the review of the scope of the update that
was needed it was clear there were specific needs that required additional study and Perteet was
contracted with through a supplement to do both the Mae Valley analysis and the Yonezawa
analysis.
This supplement continues additional work that has been needed to complete the Mae Valley
study and also to request additional budget to utilize Perteet staff for interim Municipal Services
leadership:
1) The City has requested traffic impact analysis work for Mae Valley to determine
application specific comments, the additional costs and tasks are identified on the
mark up of Amendment 1 ($6,100) (Exhibit C)
2) With the departure of David Bren, Interim Municipal Services Director help is needed
on the capital project/engineering side of Municipal Services and five months is
expected while recruitment is carried out for the position ($90,000). (Exhibit B)
There will be two additional requests that will come forward at the May 10th Council meeting
(Amendment 4):
1) To carry out traffic impact analysis for Mae Valley in order to determine an impact fee
for needed transportation improvements to allow growth; and
2) In order to speed up work with WSDOT for Yonezawa access to Highway 17, a contract
for preliminary design of a roundabout at Yonezawa/Hwy 17 to access an extended
Moses Lake Boulevard.
Moses Lake Council Packet 4-26-22, Page 223 of 245
Page 2 of 2
Fiscal and Policy Implications
Staff expects that the vacancies in Municipal Services will offset the cost of this amendment.
Council Packet Attachments
A. Third Amendment to Perteet Contract
B. Exhibit B
C. Exhibit C
Finance Committee Review
N/A
Legal Review
Type of Document Title of Document Date Reviewed
Contract Amendment Third Amendment to the
Consultant Agreement with
Perteet, Inc.
April 20, 2022
Options
Option Results
• Authorize amendment Staff will proceed with the work
• Provide staff with changes Staff would request changes
• Take no action Work would discontinue
Action Requested
Motion to authorize the Contract Amendment and additional Scope of Work with Perteet
Consulting, Inc.
Moses Lake Council Packet 4-26-22, Page 224 of 245
THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF MOSES LAKE, WASHINGTON AND PERTEET, INC.
Preamble. This is the third amendment to the Consultant Services Agreement effective
December 29, 2020, by and between Perteet, Inc., a Washington corporation, and the City of Moses Lake, a municipal corporation (City), and this amendment is effective April 27, 2022. I. Amendment.
A. Section I, Page 1 Original Contract, titled “Basic Services”, is amended to read: “The scope of work is for engineering and administrative services described below and detailed in Exhibits B and C:
1. Administrative Services described as Interim Municipal Services Director services which include department consulting for overall management and specifically engineering project management and capital program updates further described in Exhibit B.
2. A supplement to Exhibit A for analysis to responses to pre-application
requests by the City and additional work on Mae Valley alternatives (Exhibit C). B. Article III – Obligations of the City, Section 3 “Remuneration: is changed to read:
1. For the professional services as described in this Amendment and as defined in Exhibits B and C, not to exceed $96,100.00. C. Article IV. Insurance, Section C (3) is updated to reflect current minimum
requirements for insurance of $2,000,000 for Professional Liability.
II. All other terms and conditions of that December 29, 2020, Consultant Services Agreement remain unchanged.
IN WITNESS WHEREOF, Perteet Consulting, Inc., and the City of Moses Lake execute this
Agreement, which shall become effective April 27, 2022. CITY OF MOSES LAKE, WASHINGTON PERTEET, INC.
_____________________________ __________________________ Allison Williams, City Manager Crystal L. Donner, President APPROVED AS TO FORM:
_____________________________ Katherine Kenison, City Attorney
Moses Lake Council Packet 4-26-22, Page 225 of 245
Moses Lake Council Packet 4-26-22, Page 226 of 245
•
•
•
•
•
•
•
•
•
Moses Lake Council Packet 4-26-22, Page 227 of 245
Moses Lake Council Packet 4-26-22, Page 228 of 245
Project
Client
PM
PROMO HRS Mae Valley Supp #2
City of Moses Lake
Christina Wollman
Contract Start Date
Contract End Date
Contract Duration:
12/1/2020
3/31/2021
3 Months
Last Update date
Perteet Project No.
4/18/2022
20200092.0001S
2
Sr. Engineer
/ Mgr
Lead
Planner/Man
ager
Total
Hours
Labor Dollars
Task Billing Rate $200.00 $140.00
Project Management and Coordination 1.00 1.00 $140.00
Total Project Management and
Coordination
0.00 1.00 1.00 $140.00
Task 4 Alternatives Analysis 7.00 5.00 12.00 $2,100.00
Total Task 4 Alternatives Analysis 7.00 5.00 12.00 $2,100.00
Task 5 Alternatives Analysis 10.00 10.00 $2,000.00
Total Task 5 Alternatives Analysis 10.00 0.00 10.00 $2,000.00
UGA Development Memo 4.00 6.00 10.00 $1,640.00
Total UGA Development Memo 4.00 6.00 10.00 $1,640.00
Total Hours 21.00 12.00 33.00
Total Dollars $4,200.00 $1,680.00 $5,880.00
Expenses:
Mileage - $.585 225
Totals:225
SUMMARY
Labor $5,880.00
Expenses $225.00
Subconsultants $0.00
CONTRACT TOTAL $6,105.00
Page 1 of 2v7.6.771 (CWOLLMAN) - Moses Lake Council Packet 4-26-22, Page 229 of 245
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: April 20, 2022
Proceeding Type: New Business
Subject: Longview and Kinder Reconstruction Project (Rebid) Award
Legislative History: Financial Impact:
• First Presentation: April 26, 2022 Engineer’s Estimate: $ 2,861,660.20
• Second Presentation:
• Action: Motion Recommended Low Bid: $ 2,975,555.64
Overview:
The Longview Street and Kinder Road
Reconstruction Rebid project will
complete the Longview Tracts
neighborhood improvements. This
work started with a sewer installation
project in 2011, which included new
asphalt streets with curb and gutter on
the interior streets. The plan was to
budget and follow up with new
sidewalks and complete Longview and
Kinder streets, but priorities and fund
availability changed, and it continued
to be delayed.
The current project includes the
reconstruction of Kinder Road and
Longview Street including a new 8-inch
PVC water main and services. The
project will also include upgrading the
Longview Tracts neighborhood with
sidewalks and new water meter
services.
LONGVIEW STREET LOOKING NORTH
Moses Lake Council Packet 4-26-22, Page 230 of 245
Page 2 of 2
Bid Summary:
The project was put out to bid last year, but received only one very high bid at over $3.4 million so the
bid was rejected with the plan to rebid here in 2022. Due to the project being delayed, an additional
time extension approval had to be obtained from FEMA to use their grant money included in this
project for the work on Kinder Road and Longview Street.
Staff opened the new bids for the project on April 12, 2022. The City received two bids for the project.
Wheeler Excavation LLC submitted the low bid in the amount of $2,975,555.64 (Attachment A), which
is $468,710.24 less than last year’s bid. The Engineer’s Estimate was $2,861,660.20. Wheeler
Excavation LLC has all of their licenses in place with the State and is judged to be a responsible bidder
per State requirements.
Fiscal and Policy Implications:
The Longview and Kinder Reconstruction project would require planned and budgeted funds to be
spent. There are FEMA grant funds approved for Kinder Road and Longview Street in the amount
of $168,800 plus some Engineering and Administrative costs.
Council Packet Attachment:
A. Bid Summary 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 Recommended:
Staff recommends awarding the Longview and Kinder Reconstruction project to Wheeler
Excavation LLC in the amount of $2,975,555.64.
Moses Lake Council Packet 4-26-22, Page 231 of 245
Moses Lake Council Packet 4-26-22, Page 232 of 245
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: April 19, 2022
Proceeding Type: New Business
Subject: Complete Streets Grant Award from Washington State
Transportation Improvement Board
Legislative History: Financial Impact:
• First Presentation: April 26, 2022 Budgeted Amount: N/A
• Second Presentation: Unbudgeted Amount: $ 105,000 (Grant)
• Action: Motion Total Cost: $ 105,000 (Grant)
Overview
The City of Moses Lake has been awarded a
Complete Streets grant totaling $105,000.00. The
City identified several proposed work plan items to
enhance connectivity and accessibility for
pedestrian and cyclists that were awarded funds.
Work will commence on the following work items
funded in part by this TIB Grant.
1. Updating the 2005 Trails Master Plan with
community outreach and involvement.
2. Install wayfinding signage along trails.
3. Add bike racks and benches downtown.
4. Extend the Gavinski Trail along Marina
Drive to Broadway Avenue in conjuction
with gateway and safety improvement
projects.
Fiscal and Policy Implications
Funds must be used by March 25, 2025. Any unused funds must be returned to TIB. All
items listed on our approved work plan must be completed before your city will be eligible
for future Complete Streets Awards.
Moses Lake Council Packet 4-26-22, Page 233 of 245
Page 2 of 2
Council Packet Attachment:
A. Complete Streets Award Letter
B. Complete Streets Grant Agreement
Finance Committee Review
N/A
Legal Review
N/A
Options:
Option Results
• Accept the Grant City Manager will sign the agreement and work
will progress on the awarded work items.
• Take no action Funds will not be available.
• Reject the Grant Staff will notify TIB. Funding will not occur for
identified work items.
Action Requested
Staff recommends accepting the terms and conditions of this Complete Streets Grant to provide
funding for construction, connectivity, accessibility and use of trails inside the City of Moses Lake.
Moses Lake Council Packet 4-26-22, Page 234 of 245
Washington State Transportation Improvement Board
TIB Members
Chair Councilmember Sam Low Snohomish County Vice Chair Mayor Glenn Johnson City of Pullman Amy Asher Mason Transit Authority Aaron Butters, P.E. HW Lochner Inc.
Susan Carter
Hopelink
Barbara Chamberlain WSDOT Elizabeth Chamberlain City of Walla Walla Chad Coles, P.E. Spokane County Mike Dahlem, P.E. City of Sumner
Commissioner Al French
Spokane County
Councilmember Hilda Guzmán City of Granger Commissioner Scott Hutsell Lincoln County John Klekotka, P.E. Port of Everett David Ramsay Feet First
Les Reardanz
Whatcom Transportation Authority
Ruth Roberson Budget Assistant to the Governor Peter Rogalsky, P.E. City of Richland Councilmember Jan Schuette City of Arlington Jennifer Walker Thurston County
Jane Wall
County Road Administration Board
Ashley Probart Executive Director P.O. Box 40901 Olympia, WA 98504-0901 Phone: 360-586-1140 www.tib.wa.gov
Investing in your local community
March 25, 2022 Levi Bisnett City of Moses Lake
Post Office Drawer 1579 Moses Lake, WA 98837-0244 Dear Levi: Congratulations! The Transportation Improvement Board (TIB) has selected your city for a Complete Streets Award. This recognition award includes a grant not to exceed the amount of $105,000. In recognition of being nominated for Complete Streets, you will also receive an acrylic award in the mail within the next few weeks. How is grant funding received? What is the next step?
• Please email an original signed Grant Agreement. Once executed (signed by TIB), we will email you a copy for your records.
• The total grant may be transferred to your city as soon as June 1, 2022.
• Funds must be tracked in a separate account or with an identifiable accounting code.
• Check with your finance officer to ensure your city is ready to receive funds. How can funds be used? What is the grant requirement?
• The grant requires all items on the attached and approved TIB Complete Streets work plan to be completed. (Additional funding from other sources may be required to finish all approved items.) How do I show the funds were used? Once the approved work plan items are completed, you must send in backup documentation showing expenditure amounts, dates, and activities related to the funds and photos or other documentation showing the completed work. When must funds be used? Funds must be used by March 25, 2025. Any unused funds must be returned to TIB. Future eligibility. All items listed on your approved work plan must be completed before your city will become eligible for future Complete Streets awards.
If you have questions, please contact Jonathan Heusman, TIB Project Engineer, at (360) 586-1143 or email JonathanH@tib.wa.gov. Questions regarding fund transfers should be directed to Vaughn Nelson at (360) 586-1149 or email VaughnN@tib.wa.gov. Sincerely,
Ashley Probart Executive Director
Attachments
Moses Lake Council Packet 4-26-22, Page 235 of 245
Washington State Transportation Improvement Board C-E-162(002)-1 Complete Streets Award Grant Agreement
Complete Streets Grant Agreement Page 1 of 5 December 2016
City of Moses Lake C-E-162(002)-1 Complete Streets Award
STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND
CITY OF MOSES LAKE GRANT AGREEMENT THIS GRANT AGREEMENT (“Agreement”) is made and entered into between the
WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (“TIB”) and the CITY OF MOSES LAKE, a Washington state municipal corporation (“RECIPIENT”).
WHEREAS, the TIB has developed a grant program, Complete Streets, to provide for the retrofit of streets and roads (“Project”) for eligible cities, towns, and counties to provide access to all users, including bicyclists, pedestrians, motorists, and public transportation riders, and WHEREAS, the above-identified RECIPIENT is eligible to receive a Project grant pursuant to ordinance 2644 and that it has the legal authority to receive such grant and to perform the Project pursuant to the terms of this grant
NOW, THEREFORE, pursuant to chapter 47.26 RCW, RCW 47.04.320, and WAC 479-10-500
et seq, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibits, if any, which are made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS:
1. GRANT TIB agrees to grant funds in the amount of ONE HUNDRED FIVE THOUSAND AND NO/100 dollars ($105,000) for the Project pursuant to the terms contained herein, and the RECIPIENT agrees to accept such grant funds and agrees to perform and be subject to the terms and
conditions of this Agreement. 2. PROJECT AND BUDGET The Project shall provide for the retrofit of identified streets or roads on the RECIPIENT’s approved work plan. In accordance with applicable laws and ordinances, the RECIPIENT agrees to enter into an agreement with an independent contractor and/or material providers, or otherwise provide for the Project work plan to be completed by the RECIPIENT’s own forces. The RECIPIENT further agrees that it shall be solely responsible for and shall pay its independent contractor and/or material providers. If RECIPIENT uses its own forces, it shall be solely responsible for paying the costs thereof. Under no circumstances shall the TIB be
responsible to any third party for the payment of labor or materials used in completing the Project work plan. The Project work plan may be amended by the Parties, pursuant to Section 7.
3. PROJECT WORK PLAN AND DOCUMENTATION
Moses Lake Council Packet 4-26-22, Page 236 of 245
Washington State Transportation Improvement Board C-E-162(002)-1 Complete Streets Award Grant Agreement
Complete Streets Grant Agreement Page 2 of 5 December 2016
The RECIPIENT agrees to and shall make reasonable progress and submit timely Project
documentation, as applicable, throughout the term of this Agreement and Project. Required documents include, but are not limited to the following:
a) Project work plan describing eligible items with estimated costs; b) Documentation to support all costs expended on the Project work plan; and b) Project work plan Closeout Form. 4. PAYMENT AND RETURN OF GRANT FUNDS TIB will pay the full grant award to the RECIPIENT after TIB approves the Project work plan and the Parties fully execute this Agreement; provided that there are legislatively appropriated funds available. The RECIPIENT agrees that it shall hold the grant funds in a separate and identifiable account and only use said funds to pay the actual direct and related indirect costs of the approved Project work plan. Grant funds not expended on approved Project work plan items by March 25th, 2025 shall be returned to TIB within ninety (90) days after receipt of TIB’s written notification.
5. USE OF COMPLETE STREETS GRANT FUNDS
RECIPIENT agrees that the grant funds shall only be used to complete the approved Project work plan. Otherwise, RECIPIENT is subject to the Default and Termination provisions of
Section 9. 6. RECORDS MAINTENANCE 6.1 The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the Project work plan, including but not limited to accounting procedures and practices which sufficiently and properly reflect all actual direct and related indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years after the completion of the Project work plan and TIB’s acceptance of the Project work plan Closeout Form. At no cost to TIB, these records shall be provided when requested; including materials generated under the
Agreement, and shall be subject at all reasonable times to inspection, review or audit by TIB personnel, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement.
6.2 If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records
have been resolved. 7. REVISIONS TO THE PROJECT WORK PLAN RECIPIENT may request revisions to the Project work plan, including the addition or removal of items. Requests must be made in writing, and TIB, in its sole discretion, will determine whether
to accept the proposed revisions. Should the TIB approve a Project work plan revision, the Parties shall amend this Agreement pursuant to Section 14. The RECIPIENT shall be solely responsible for all costs incurred in excess of the Agreement grant award.
Moses Lake Council Packet 4-26-22, Page 237 of 245
Washington State Transportation Improvement Board C-E-162(002)-1 Complete Streets Award Grant Agreement
Complete Streets Grant Agreement Page 3 of 5 December 2016
8. TERM OF AGREEMENT
This Agreement shall be effective upon execution by the Parties and shall continue through closeout of the grant amount, or amendment thereof, or unless terminated as provided herein. In no event shall the Agreement term exceed three years, unless extended by Agreement
amendment pursuant to Section 14. 9. NON-COMPLIANCE, DEFAULT AND TERMINATION 9.1 NON-COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement and applicable rules under WAC 479-10-500 et seq, TIB shall notify the RECIPIENT, in writing, of RECIPIENT’s non-compliance. b) RECIPIENT shall provide a written response within ten (10) business days of receipt of TIB’s notice of non-compliance, which shall include either a detailed plan to correct the non-compliance, a request to amend the Project work plan, or a denial accompanied by supporting documentation. An agreement to amend the Project work
plan must be pursuant to Section14. c) RECIPIENT shall have thirty (30) days in which to make reasonable progress
toward compliance pursuant to its Project work plan to correct or implement an amendment to the Project work plan. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and, in its sole discretion, TIB may require the RECIPIENT to stop incurring additional Project work plan costs during the investigation. Should TIB require the RECIPIENT to stop incurring additional costs to be paid with the grant funds, the RECIPIENT shall be solely obligated for paying any additional costs incurred by such suspension of work, contractor claims, or litigation costs; such costs cannot be paid for with grant funds. 9.2 DEFAULT RECIPIENT is in default if TIB determines, in its sole discretion, that:
a) RECIPIENT is not making reasonable progress toward correction and compliance with this Agreement and the Project work plan; b) TIB denies the RECIPIENT’s request to amend the Project work plan; and
c) After investigation, TIB confirms RECIPIENT’S non-compliance. 9.3 TERMINATION
a) In the event of default as determined pursuant to Section 9, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which may be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop incurring costs chargeable against the grant funds and/or take such actions necessary as may be directed by TIB to protect TIB’s grant
funds. b) In the event of termination, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of all grant funds.
Moses Lake Council Packet 4-26-22, Page 238 of 245
Washington State Transportation Improvement Board C-E-162(002)-1 Complete Streets Award Grant Agreement
Complete Streets Grant Agreement Page 4 of 5 December 2016
c) The rights and remedies of TIB provided in this Agreement are not exclusive and
are in addition to any other rights and remedies provided by law. 10. DISPUTE RESOLUTION
a) The Parties shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this Agreement. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this Agreement. b) Informal Resolution. The Parties shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the Parties are unable to resolve the dispute, the Parties shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The Parties shall share equally in the costs of the mediator. d) Each Party agrees to participate to the fullest extent possible and in good faith in
resolving the dispute in order to avoid delays or additional incurred cost to the Project work plan.
e) The Parties agree that they shall have no right to seek relief in a court of law in accordance with Section 11, until and unless the Dispute Resolution process has been exhausted. 11. GOVERNANCE, VENUE, AND ATTORNEYS FEES This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. The Parties agree that each Party shall be responsible for its own attorneys’ fees and costs. 12. INDEMNIFICATION, HOLD HARMLESS, AND WAIVER 12.1 RECIPIENT, shall protect, defend, indemnify, and save harmless the TIB, its officers,
officials, employees, and authorized agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, RECIPIENT’S negligent acts or
omissions which may arise in connection with its performance under this Agreement. RECIPIENT shall not be required to indemnify, defend, or save harmless the TIB if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the
sole negligence of TIB; provided that, where such claims, suits, or actions result from the concurrent negligence of the Parties, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of RECIPIENT’s own negligence 12.2 RECIPIENT agrees that its obligations under this section extends to any claim, demand and/or cause of action brought by, or on behalf of, any of its officers, officials, employees or authorized agents. For this purpose, RECIPIENT, by mutual negotiation, hereby waives, with respect to TIB only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions of Title 51 RCW.
Moses Lake Council Packet 4-26-22, Page 239 of 245
Washington State Transportation Improvement Board C-E-162(002)-1 Complete Streets Award Grant Agreement
Complete Streets Grant Agreement Page 5 of 5 December 2016
12.3 The obligations of this indemnification and waiver Section shall survive termination of
this Agreement. 13. ASSIGNMENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT’s other rights or obligations under this Agreement. 14. AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 15. INDEPENDENT CAPACITY
The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB.
16. ENTIRE AGREEMENT
This Agreement, together with the Exhibits, if any, the provisions of chapter 47.26 RCW, chapter 479 WAC, and TIB Policies, constitute the entire Agreement between the Parties and supersedes all previous written or oral agreements between the Parties. RECIPIENT agrees to abide by all applicable federal, state and local laws, ordinances, and rules when performing under the terms of this Agreement. RECIPIENT Transportation Improvement Board
Chief Executive Officer Date Date
Print Name Print Name
Approved as to Form By: ____________________________________ ANN E. SALAY
Senior Assistant Attorney General NOTE: Any changes to the terms of this Agreement shall require further approval of the Office of the
Attorney General
Moses Lake Council Packet 4-26-22, Page 240 of 245
Page 1 of 3
STAFF REPORT
To: Allison Williams, City Manager
From: Lee Creiglow, Interim Community Development Director
Date: April 20, 2022
Proceeding Type: New Business
Subject: Platting Deemed Insufficient – Serrato
Legislative History: Financial Impact:
• First Presentation: April 26, 2022 Budgeted Amount: N/A
• Second Presentation: Unbudgeted Amount:
• Action: Motion Total Cost:
Overview
The Community Development Department
has received a request from David Serrato on
behalf of Iglesia Evangelica Rios De Agua Viva,
to build on Assessor Parcel Number (AFN)
090259000 located at 805 Pennivy St. This
parcel is in Battery Orchard Tracts, a plat that
was created in 1913.
Moses Lake Municipal Code requires property
to be platted before the issuance of a building
permit. Property that was platted without the
provision of complete city services including
stormwater curb, sidewalk, and street
improvements is deemed to be unplatted for the purposes of the issuance of any development
permit or building permit. Battery Orchard Tracts was platted without services, sewer and water
has since been provided to the lot.
Background
MLMC 16.02.110.B allows a property owner to make a request to City Council for a waiver,
deferral, or deviation from the requirement to install improvements in order to obtain a building
permit on property that platting has been deemed insufficient. In granting a waiver, deferral, or
deviation City Council must find that because of the nature of the property, its topography, the
conditions or nature of the adjoining areas or the existence of unusual physical conditions, the
requirement to install improvements would cause an unusual and unnecessary hardship on the
property owner.
Moses Lake Council Packet 4-26-22, Page 241 of 245
Page 2 of 3
In granting a waiver, deferral or deviation from or of the requirements to install improvements,
the City Council may require such conditions as will secure the objectives of the requirement
waived, deferred, or deviated from or of. Any waiver, deferral, or deviation authorized shall be
entered in the minutes of the Moses Lake City Council together with the circumstances that justify
the waiver, deferral, or deviation granted.
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 A building permit can be issued to improve the
property.
• Provide staff with changes Staff will make changes as directed.
• Take no action Building improvements will not be made to the
property.
Action Requested
Staff recommends that City Council find that requiring a single residential lot to install
improvements would be an unusual and unnecessary hardship due to the conditions and nature
of the adjoining areas, which also lack improvements. Council should grant a deferral of the
required improvements based on the following findings of fact:
1. The subject parcel is part of a plat deemed insufficient and is considered unplatted for the
purposes of the issuance of a building permit.
2. The improvements that are insufficient include curb, sidewalk, half street, gutter, storm
water, and street lighting.
Moses Lake Council Packet 4-26-22, Page 242 of 245
Page 3 of 3
3. The properties surrounding and adjacent to the subject parcel are similarly deficient in
required improvements.
4. The subject parcel has fifty feet of street frontage.
5. Requiring the installation of improvements on a single lot is impractical and the result will
be unsatisfactory.
Recommendation: Approve the request to build on property where the platting has been deemed
insufficient on the condition that the property owner sign a covenant agreeing to install curb,
sidewalk, half street, gutter, storm water, and street lighting when the City deems it necessary.
Moses Lake Council Packet 4-26-22, Page 243 of 245
840 E. Plum Street
Moses Lake, WA 98837
Phone: (509) 765-9239
Fax: (509) 765-1582
Hello and Happy Spring!
Below is a brief highlight of the Moses Lake Community Coalition’s activities for 2022’s 1st quarter:
Quarter 1 January -March 2022
Outreach:
• MLK event- engaged coalition members and fostered community relationships with other youth
serving organizations in Moses Lake as well as shared information about the coalition and
offerings.
• Key leader event- county wide key leaders gathered to learn more about prevention, what our
local data says and why our prevention efforts make a difference.
• Moses Lake business expo – Lucky night out to collaborate with other Moses Lake organizations
General Coalition:
• MLCC met monthly as a general community coalition- January, February, and March
• MLCC coordinator attended the National CADCA training in Washington DC with partner
coalitions from Quincy and other CPWI coalitions around the United States.
• Youth Empowerment: Art therapy project completed with Poet Jordan- still looking for a
location to display the 4 ft by 4 ft art piece they created.
Medica Awareness Campaign:
• MAC: Talk they hear you – campaign shared with community at outreach events promoting
family bonding and community connections.
Programs:
• Strengthening Families Program- 22 WISe staff Facilitators trained to deliver the program with
fidelity
• Strengthening Families Program offered to families February and March – 8 families started the
7-week series only about half finished about half of the classes
• PAX GBG – preparation for the spring social emotional toolkits underway
We thank the City of Moses Lake and your partnership which allows us to amplify our prevention
efforts within our community. Thank you for your support and we look forward to the continued
partnership!
Bernadette Crawford, CPP
Certified Community Coalition Specialist
Moses Lake Community Coalition
Grant Integrated Services
840 E Plum St
Moses Lake, WA 98837
509-765-9239 ext. 5321
bfcrawford@grantcountywa.gov
Moses Lake Council Packet 4-26-22, Page 244 of 245
ADMINISTRATIVE REPORT
To: Allison Williams, City Manager
From: Debbie Burke, Administrative Services Manager/City Clerk
Date: April 5, 2022
Proceeding Type: Administrative Report
Subject: Public Records Act Annual Report
In accordance with City Policy 1.60 for Disclosure of Public Records, the City Clerk’s Office
maintains an index for public records requests received for all departments except for Police.
The Police Administrative staff track and respond to their requests separately and provide an
index of records requested to the City Clerk’s Office on an annual basis.
RCW 40.14.026 requires government agencies that spend over $100,000 in staff and legal costs
associated with maintaining public records and responding to records requests to report
specific data and performance metrics to JLARC on an annual basis. The last cost analysis of
varied salaries using approximate staff time involved in processing records requests was
conducted in 2018. We are thankful to report that we remain under the threshold of costs to
process requests for the required reporting.
Following chart illustrates total records requested in accordance with RCW 42.56.
Admin Admin Police Admin Police Admin Police Admin Police
2017 2018 2018 2019 2019 2020 2020 2021 2021
Subtotals 48 152 112 141 131 104 100 131 51
Totals 264 272 204 182
Moses Lake Council Packet 4-26-22, Page 245 of 245
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: April 21, 2022
Proceeding Type: Old Business
Subject: Municipal Airport Commission to Prepare Operating Policy
Legislative History: Financial Impact:
•First Presentation: April 12, 2022 Budgeted Amount: N/A
•Second Presentation: April 26, 2022 Unbudgeted Amount: $ 60,000
•Action: Discussion Total Cost: $ 60,000
Overview
A Municipal Airport Commission was
legally created by Ordinance 3003 on
April 12, 2022. The Ordinance created
the Commission, but it did not set the
policy that the Commission will operate
under.
The Commission is responsible for
preparing and updating an Operating
Policy that ensures compliance with
State Laws and other City Policy. All City
Policies must be approved by the
Council.
A template policy has been provided to the Municipal Airport Commission, as a framework to
edit and present back to Council. The Commission will present their proposed Operating Policy to
the Council on or before the next quarterly report to the Council on July 12, 2022.
Overview
The Airport Commission will operate as an independent department and have a separate operational
budget (FUND 495); however, the Commission is still under the same State Laws and Council
approved Policies as the rest of the City. Quarterly reports to Council and annual State Audits will
help to ensure compliance with State Laws and Council approved Policies.
FALL 2021 AIRPORT
LOOKING SOUTH-EAST
4-26-22 COML Addendum, Page 246 of 259
Page 2 of 2
Fiscal and Policy Implications
The Commission must follow all the same State Laws and Council Approved Policies as the rest of
the City. Quarterly reports to Council and annual State Audits will help to ensure compliance with
State Laws and Council Approved Policies.
FUND 495 will need to be an operational fund, as it will now be used by the Commission to pay for
the administration, operation, and maintenance of the Airport Facilities. FUND 495 will receive
funds from both Airport leases (~$35,000) and an annual general fund allowance (~$25,000) to
maintain administrative, operations, and maintenance of the Airport.
Council Packet Attachment
A. Template Airport Commission Policy (Commission to Edit and Present by 7.12.2022)
B. Draft Airport Commission Policy Resolution
C. Adopted Ordinance 3003
Finance Committee Review N/A
Legal Review
Type of Document Title of Document Date Reviewed
Policy Airport Commission Policy TBD by Commission
Options
Option Results
• Review and Comment Commission to update the proposed policy per
Council comments and feedback.
Action Requested
No motion to adopt the resolution is requested at this time. The Commission will present a
proposed operating policy to the Council on or before their next quarterly report to the Council
on July 12, 2022.
4-26-22 COML Addendum, Page 247 of 259
MUNICIPAL AIRPORT COMMISSION POLICY
EFFECTIVE XX.XX.2022 PAGE:1
City of
Moses Lake
Municipal Airport Commission Policy
City Council Resolution XXXX
Effective XX.XX.2022
4-26-22 COML Addendum, Page 248 of 259
MUNICIPAL AIRPORT COMMISSION POLICY
EFFECTIVE XX.XX.2022 PAGE:2
Table of Contents
PURPOSE AND SCOPE .................................................................................................................................................................... 3
POLICY STATEMENT ....................................................................................................................................................................... 3
COMMISSION GENERAL RESPONSIBILITIES ................................................................................................................................... 4
POLICY REQUIREMENTS ................................................................................................................................................................. 5
POLICY REFERENCES ....................................................................................................................... Error! Bookmark not defined.
4-26-22 COML Addendum, Page 249 of 259
MUNICIPAL AIRPORT COMMISSION POLICY
EFFECTIVE XX.XX.2022 PAGE:3
CML MUNICIPAL AIRPORT COMMISSION POLICY
The City of Moses Lake (“City”) created a Municipal Airport Commission by adopting ordinance #3003. The
Commission is charged with the Administration, Operation, and Maintenance of the Municipal Airport
under RCW 14.08.120. The Municipal Airport Commission is further governed by the following policy,
adopted by Resolution ______________ .
PURPOSE AND SCOPE
This Policy (“Policy”) is intended to guide the Commission (“Commission”) with its actions to administer,
operate, and maintain the airport while ensuring compliance with Federal, State, and Local laws.
This Policy applies to all employees, contractors, and volunteers supporting the Commission. Elected
officials, employees, consultants, volunteers, and vendors while working on behalf of the Commission are
required to comply with this Policy.
The City of Moses Lake has established FUND495 for the administration, operation, and maintenance of the
airport (Airport Budget).
POLICY STATEMENT
This policy was adopted by City Council Resolution. Appointed Commissioners are charged with acting
faithfully and in accordance with the rules and regulations as set forth herein.
Engaging in the unauthorized activities that are inconsistent with this Policy may subject a commissioner,
employee, contractor, or volunteer to discipline, up to and including termination of employment or removal
from office, or applicable monetary fines and penalties. A contractor or volunteer who operates on behalf of
the City in violation of this policy may be found to have materially breached its contract and may also be subject
to applicable monetary fines and penalties. Nothing in this Policy shall modify or reduce any due
process rights provided pursuant to the employee’s collective bargaining agreement, if applicable.
4-26-22 COML Addendum, Page 250 of 259
MUNICIPAL AIRPORT COMMISSION POLICY
EFFECTIVE XX.XX.2022 PAGE:4
COMMISSION GENERAL RESPONSIBILITIES
Airport
Administration
− Airport Budgeting with Fund 495
− Annual State Audits
− Quarterly Reports to Council
− Conduct Commission Meeting Proceedings
− Compliance with Open Public Meeting Act
− Maintenance of Records
− Airport Manager (Commission President or Budgeted Employee)
− Airport Administrative Assistant (Commission Secretary or Budgeted Employee)
− Airport Legal Counsel (Contracted)
− Airport Operational Insurance Coordination
− Prepare Leasing (Legal Counsel and City Council Approved Form)
− Administer Leasing (compliance reporting, insurance, fees, and rents)
− Airport Procurement (State Laws and Annual State Audit)
− Prevailing Wage Contracting (State Laws for Annual State Audits)
− Construction Administration
− Grants Administration
− Loans Administration
Airport
Operations
− Airport Operations Manual
− Federal Laws Compliance
− State Laws Compliance
− Local Laws Compliance
− Airport Manager (One Point of Contact for all Calls, Queries, and Operations)
− Airport Administrative Assistant (Keeps Documents in Audit Ready Order)
− Contractors as needed (See City Purchasing Policy)
− Volunteers as needed (See City Volunteer Policy and L&I Insurance)
− City Staff, Equipment, or Materials Use (Budgeted to Fund 495)
Airport
Maintenance
− Airport Operations Manual
− Snow Removal
− Sweeping
− Patching
− Weed Spraying
− Lawns
− Grounds
− Contractors as needed (See City Purchasing Policy)
− Volunteers as needed (See City Volunteer Policy and L&I Insurance)
− City Staff, Equipment, or Materials Use (Budgeted to Fund 495)
SPECIAL NOTE: Parks and Public Works are not
responsible for Administration, Operations, or
Maintenance of the Airport. The Commission can
request help from other departments, but all
labor, equipment, and materials costs shall be
posted to Fund 495.
4-26-22 COML Addendum, Page 251 of 259
MUNICIPAL AIRPORT COMMISSION POLICY
EFFECTIVE XX.XX.2022 PAGE:5
POLICY REQUIREMENTS
The Municipal Airport Commission policies must be consistent with other City policies and must comply with
all City, State, and Federal laws and regulations.
RCW The Commission must operate within RCW 14.08.120 guidelines.
CML The Commission must operate within CML Ordinance #3003 guidelines.
Separate
Department
The “Airport Department” is responsible for all Administration, Operation, and Maintenance of
the Airport.
Separate
Budget
The City of Moses Lake has established FUND495 for the administration, operation, and
maintenance of the airport and future Airpark.
Airport
Manager
The Commission must designate an Airport Manager to receive and respond to all Airport related
emails and phone calls, in addition to directing day-to-day administrative, operations, and
maintenance activities. If not designated, the Commission Chair shall act as the Airport
Manager.
Airport
Secretary
The Commission must designate an Airport Secretary that is responsible for the maintenance of
all Airport Records. If not designated, the Commission Secretary shall act as the Airport
Secretary.
Purchasing The Commission must follow the same Purchasing Policy as other City departments.
Employment The Commission must follow the same Employee Handbook Policy as other City departments for
volunteers and employees within the Airport Department.
Information
Technology
The Commission must follow the same Information Technology Policy as other City departments.
Hardware, software, and email service is to be managed by the City Information Technology
Department.
Records
Maintenance
The Commission must follow the same Records Retention and Maintenance Policy as other City
departments.
Quarterly
Reports to
Council
The Commission shall make quarterly reports to the Council. The Commission must provide a
report on budget status, administrative status, operational status, and maintenance status to the
Council.
Annual Audit The Commission shall be subject to an annual audit by the State and/or City Staff.
Special Audit The Council may call for a special audit at any time.
4-26-22 COML Addendum, Page 252 of 259
MUNICIPAL AIRPORT COMMISSION POLICY
EFFECTIVE XX.XX.2022 PAGE:6
QUESTIONS
All questions regarding this policy should be directed to the Airport Commission Chair (Airport Manager).
Similarly, questions about other applicable laws governing the use of drones should be directed to Airport
Commission Chair (Airport Manager).
SUPPORTING DOCUMENTS
• RCW 14.08.120
• CML Ordinance #3003
• CML Resolution _________
• City Purchasing Policy
• City Employee Handbook
4-26-22 COML Addendum, Page 253 of 259
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY MOSES LAKE, WASHINGTON, ESTABLISHING OPERATING POLICY FOR THE MUNICIPAL AIRPORT COMMISSION
Recitals:
1. It is recognized that the City of Moses Lake Municipal Airport is a valuable long-term facility for the community and its administration, operation, and maintenance should be conducted by a Municipal Airport Commission under a separately funded department.
2. The Municipal Airport Commission is legally enabled by Ordinance #3003.
3. The Municipal Airport Commission is responsible for preparing and updating a comprehensive operating policy which ensures quarterly reporting to Council, compliance with all state laws, and compliance with existing City policies for City Council review and approval.
4. The attached Municipal Airport Commission Operating Policy follows the requirements
of the enabling Ordinance #3003 and is consistent with current state laws and city policies.
Resolved: 1. The City Council approves the attached Operational Policy for the Municipal Airport
Commission. 2. These polices will prevail over conflicting polices previously approved by the City Manager or adopted by the City Council. ADOPTED by the City Council of the City of Moses Lake on this _____ day of _______ , 2022.
Dean Hankins, Mayor
ATTEST:
Debbie Burke, City Clerk
4-26-22 COML Addendum, Page 254 of 259
ORDINANCE 3003
AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL
CODE RELATING TO THE MUNICIPAL AIRPORT
COMMISSION AND AIRPORT OPERATIONS
Recitals:
1. In April 1946, the City Council authorized acquisition of the Municipal Airport property
from Northern Pacific Railway (Ordinance 76).
2. The Municipal Airport was operated for years under contract with an Airport Manager.
3. In February 1994, an Airport Commission was established following recommendation of
the Airport Manager to establish an Airport Advisory Committee (Ordinance 1612).
4. On April 24, 2018, the City Council reviewed the Airport Commission Operation
Agreement and amended the Moses Lake Municipal Code (MLMC) to return the Airport
Commission to an advisory board to the City Council (Ordinance 2896).
5. On May 25, 2021, the City Council recodified its ordinances establishing Boards and
Commissions in Chapter 2.08 of the MLMC (Ordinance 2972).
6. Chapter 14.08 RCW establishes the rules for governance and operations of a Municipal
Airport and a Municipal Airport Commission.
7. A second Ordinance or Resolution will be presented to Council that defines specific
responsibilities for the Airport Commission on management, governing, and use of the
airport property.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. Subsection 2.08.710(B)(4) of the MLMC titled “Municipal Airport
CommissionAdvisory Board” is amended as follows:
2.08.710(B)(4) Municipal Airport Advisory Board Commission – Chapter 14.08.120
RCW
Section 2. Section 2.08.830 of the MLMC titled “Municipal Airport Commission Advisory
Board Specific Requirements” is amended as follows:
2.08.830 Municipal Airport Advisory Board Specific Requirements:
A. CommissionBoard – Established. The Municipal Airport Commission Advisory
Document Ref: B3UTY-8A5LU-6EPFK-QXNI9 Page 1 of 4
4-26-22 COML Addendum, Page 255 of 259
Board for the City is created and shall consist of five (5) members. With the establishment
of the CommissionBoard, three (3) prior members, of the Airport Board which was
dissolved, are were immediately appointed for new to four (4) year terms. and Ttwo new
(2) members will be ere appointed for initial to two (2)three (3) year terms, and .
Tthereafter, may be reappointed each member shall be appointed to serve a four (4) year
terms.
B. Membership – Eligibility. All members shall either rent property from the City at the
Moses Lake Municipal Airport, or be associated with a business or operation which rents
property from the City at the Moses Lake Municipal Airport. A minimum of two (2)
members shall be citizens who reside within the corporate limits be resident taxpayers of
the City with knowledge of aviation and interest in management of the airport pursuant to
RCW 14.018.120(a).
C. Appointment and Confirmation Process. Upon notice of a vacancy, the current Airport
Commissioners will present a resume of their recommendation to the City Council for
evaluation and confirmation to serve the full or unexpired term for the position.
D. Reappointments. Incumbents0 who wish to be reappointed shall notify the Airport
Commission Chair. Reappointments are subject to confirmation by the City Council.
E. Removal of Members. Members may be removed from the Airport Commission prior to
the expiration of their term of office by a minimum of four (4) affirmative votes of the
City Council.
FC. Meetings. The Board Commission shall devote such time as may be necessary to
properly discharge all duties devolving upon it. Minutes of all meetings shall be filed with
the City Clerk. A meeting of the Board Commission shall be held at least once each
month.
GD. Duties of Board. The Board Commission shall advise the Mayor and City Council,
the City Manager and/or his/her designee regarding the following matters relative to the
operation of the Moses Lake Municipal Airport per the RCW 14.08.120.:
1. Construction, enlargement, improvement, maintenance, equipment, and operation
of the Moses Lake Municipal Airport facilities;
2. Development of a project list and recommendations on the capital needs for the
municipal airport;
Document Ref: B3UTY-8A5LU-6EPFK-QXNI9 Page 2 of 4
4-26-22 COML Addendum, Page 256 of 259
3. Developing comprehensive and long-range plans for airport development and
financing;
4. Adoption and amendment of rules and regulations for the operation and use of the
Moses Lake Municipal Airport facilities;
5. Determination of charges or rentals for the use or leasing of any properties owned
or under the control of the Moses Lake Municipal Airport and regarding the charges
for any services of facilities and the terms and conditions related to the same;
6. Promoting and fostering the development of the Moses Lake Municipal Airport
for the benefit of the citizens of the City; and
7. Maintaining liaison with other governmental bodies regarding municipal airport
operations and financing.
H. Reports. The Airport Commission shall provide a quarterly report to the City
Council.
I.. Compensation. Refer to MLMC 2.08.
J. Initial Budget. Fund 495 shall be utilized for operation of the Airport. All airport lease
revenues will be accounted for in this fund, with an additional annual allocation to ensure
a $60,000.00 Operation Budget.
Section 3. Severability. If any section of this ordinance is found to be unconstitutional or invalid
as written or as applied to any particular person or circumstances, no other section of
the ordinance shall be deemed to be invalid, but rather, should be deemed to have
been enacted independently and without regard to the section affected.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days after its
passage and publication of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, Washington on April 12, 2022.
________________________________________
Dean Hankins, Mayor
Document Ref: B3UTY-8A5LU-6EPFK-QXNI9 Page 3 of 4
4-26-22 COML Addendum, Page 257 of 259
ATTEST:
________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________
Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Eck Hankins
Vote: Aye Aye Aye Aye Aye Aye Aye
Date Published: April 18, 2022
Date Effective: April 23, 2022
Document Ref: B3UTY-8A5LU-6EPFK-QXNI9 Page 4 of 4
4-26-22 COML Addendum, Page 258 of 259
Signature Certificate
Reference number: B3UTY-8A5LU-6EPFK-QXNI9
Document completed by all parties on:
22 Apr 2022 17:12:19 UTC
Page 1 of 1
Signer Timestamp Signature
Mayor Dean Hankins
Email: dhankins@cityofml.com
Sent:21 Apr 2022 19:36:22 UTC
Viewed:22 Apr 2022 01:25:23 UTC
Signed:22 Apr 2022 01:28:09 UTC
IP address: 136.143.151.109
Location: Moses Lake, United States
Katherine Kenison
Email: kkenison@basinlaw.com
Sent:21 Apr 2022 19:36:22 UTC
Viewed:22 Apr 2022 01:47:46 UTC
Signed:22 Apr 2022 01:47:58 UTC
IP address: 63.135.56.192
Location: Mattawa, United States
Debbie Burke
Email: dburke@cityofml.com
Sent:21 Apr 2022 19:36:22 UTC
Viewed:21 Apr 2022 19:36:25 UTC
Signed:22 Apr 2022 17:12:19 UTC IP address: 63.135.54.162
Location: Moses Lake, United States
Signed with PandaDoc
PandaDoc is a document workflow and certified eSignature
solution trusted by 30,000+ companies worldwide.
4-26-22 COML Addendum, Page 259 of 259