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FINAL 2022 0628 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 Tuesday, June 28, 2022 5:30 p.m. - Larson Recreation Center Construction Site Tour at 600 Yakima St. 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 Presentation – Advisory Council on Housing - David Curnel, Chair pg 4 Citizen’s Communications** Summary Reports: Mayor’s Report -Parks and Recreation Month Proclamation Additional Business City Manager’s Report -Food Truck Plaza Update -Fireworks Restrictions - School District ILA For Nelson Road Pedestrian Path pg 8 Motion 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 Moses Lake Council Packet 6-28-22, Page 1 of 78 June 28, 2022, City Council Meeting Page 2 _________________ Consent Agenda. #1 pg 18 a.City Council Meeting Minutes Dated June 14, 2022 b.Claims and Payroll c.RDO Equipment Water Main Improvements Bond Acceptance Resolution 3904 d.Knolls Vista Easement for CAD Homes Resolution 3902 Old Business #2 Motion #3 Motion pg 42 2022 Budget Amendment Ordinance 3005 Presented by Madeline Prentice, Finance Director Summary: Council to review and consider adoption pg 49 Perteet Contract Amendment 5 (Yonezawa ICE) Presented by Allison Williams, City Manager Summary: Council to review and consider approval New Business #4 Motion x2 #5 Motion #6 Motion pg 57 Utility Billing Water Leak Policy Resolution 3903 and Ordinance 3006 Presented by Madeline Prentice, Finance Director Summary: Council to review and consider adoption pg 66 Axon Body Cam Purchase Presented by Kevin Fuhr, Police Chief Summary: Council to review and consider approval pg 74 License Plate Reader Program Presented by Kevin Fuhr, Police Chief Summary: Council to review and consider approval Administrative Reports Council Committee Reports Adjournment Moses Lake Council Packet 6-28-22, Page 2 of 78 June 28, 2022, City Council Meeting Page 2 _________________ Next Regular Council Meeting is scheduled for July 12, 2022 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. *Please click the link below to join remote access: 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 ** Remote Citizen Comment or Public Hearings Remote speaker request forms must be completed by 3 p.m. on the day of the meeting. Moses Lake Council Packet 6-28-22, Page 3 of 78 Moses Lake Council Packet 6-28-22, Page 4 of 78 Moses Lake Council Packet 6-28-22, Page 5 of 78 Moses Lake Council Packet 6-28-22, Page 6 of 78 Moses Lake Council Packet 6-28-22, Page 7 of 78 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: Allison Williams, City Manager 0 Richard Law, City Engineer Municipal Services 6/28/2022 City Manager's Report Memorandum of Understanding (MOU) between the City of Moses Lake and the Moses Lake School District City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 50,000.00$0.00$50,000.00$ Authorize City Manager to execute the Interlocal Agreement between the City of Moses Lake and the Moses Lake School District to cost-share in the construction of a paved pedestrian walking path on Nelson Road. Packet Attachments (if any) Nelson Road Pathway and Draft Interlocal Agreement Overview A separated walking path on Nelson Road has been identified as an immediate need to protect the health, safety, and welfare of the traveling public between Moses Lake Avenue and HWY 17. This area is also a vital pedestrian route for school children. The primary objective of this project is to provide a vehicle-separated, paved pathway, and marked crosswalk to assist in easing the potential for vehicle/pedestrian conflicts. The City will be the responsible project managing entity for this project. This effort is of a temporary nature as the City is currently seeking funding through the federal Safe Routes to School program for full width improvements. It is anticipated that the City will obtain full design and construction funding and complete the project in 2024. The Nelson Road Safety Project is currently in the recently approved 6-year TIP. The City and School District have agreed to a cost-share for this project hence the need for the Interlocal Agreement. It is anticipated that the City will use funds from the Transportation Benefit District to fund their responsible portion of the project costs. The current engineers estimate is $85,000. Options and Results Approve None Moses Lake Council Packet 6-28-22, Page 8 of 78 No Action Taken: N/A Moses Lake Council Packet 6-28-22, Page 9 of 78 INTERLOCAL AGREEMENT FOR THE FINANCING, DESIGN, PAGE 1 OF 7 AND CONSTRUCTION OF A TEMPORARY WALKING PATH ON NELSON ROAD INTERLOCAL AGREEMENT BETWEEN CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 FOR THE FINANCING, DESIGN, AND CONSTRUCTION OF A TEMPORARY WALKING PATH ON NELSON ROAD THIS AGREEMENT is made and entered into by and between the City of Moses Lake (“City”), a non-charter code city, and Moses Lake School District No. 161 (“School”), a School district. The parties are authorized to enter into an interlocal agreement pursuant to Chapter 39.34 RCW in order to jointly accomplish the temporary improvements to Nelson Road to provide a walking path. RECITALS 1. In September 2021, the School opened a new elementary school located in the City limits off of Nelson Road at 1501 S. Moses Lake Ave., serving approximately 500 students; 2. The City owns and maintains Nelson Road which serves the new elementary school with vehicular and pedestrian access; 3. Because of recent residential growth in the area and the location of another school on Nelson Road, pedestrian traffic on Nelson Road has significantly increased; 4. Nelson Road was originally developed pursuant to County road standards prior to annexation and therefore does not have sidewalks for pedestrian traffic; 5. The School and City desire to install a temporary walking path on Nelson Road to accommodate pedestrian traffic and provide a safer walking route to school; and 6. The School is willing to provide financial participation (“Participation Funds”) for a City construction project to install a temporary walking path along Nelson Road and the City is willing to develop construction plans and contract documents for public bid to manage and complete the project. AGREEMENT NOW THEREFORE, it is mutually agreed as follows: 1. Purpose. The purpose of this Agreement is to set forth the mutual obligations, responsibilities, and rights of the City and School for the design, financing, and Moses Lake Council Packet 6-28-22, Page 10 of 78 INTERLOCAL AGREEMENT FOR THE FINANCING, DESIGN, PAGE 2 OF 7 AND CONSTRUCTION OF A TEMPORARY WALKING PATH ON NELSON ROAD construction of the temporary walking path along Nelson Road (“Improvements”). No separate legal entity is created by this Agreement. 2. Contingencies. 2.1 Approval of Request for Bids. As a condition precedent to the School’s duties and obligations hereunder, prior to the City’s request/call for bids for the Improvements, the City shall provide the School with a copy of all documents comprising the City’s request/call for bids for the Improvements for approval by the School, which approval must be expressed in a writing signed by a Board Member of the School who has authority to sign on behalf of the School Board. If the School does not so approve the City’s request/call for bids, this Agreement shall automatically terminate and shall be of no further force and effect. 2.3 Deposit of Participation Funds. As a condition precedent to the City’s duties and obligations hereunder, prior to the City’s award of a contract for the construction of the Improvements, the School shall have deposited with the City its initial financial contribution of Fifty Thousand dollars ($50,000.00). If the School fails to make this initial deposit, this Agreement shall automatically terminate and shall be of no further force and effect. 3. Duration. This Agreement shall become effective immediately upon execution by all parties and recording or posting on the website of one of the parties pursuant to RCW 39.34.040. This Agreement shall remain in effect until the Improvements are completed and accepted by the City and the School has made arrangements for the payment of any remaining share of the Improvements, unless sooner terminated pursuant to Section 2, above, or Section 10, below. 4. Improvements Description. The Improvements consist of the following temporary walking path along Nelson Road: [insert detailed description of improvements] 5. Design and Construction of Improvements. The City shall be the lead agency for the design and construction of the Improvements. Moses Lake Council Packet 6-28-22, Page 11 of 78 INTERLOCAL AGREEMENT FOR THE FINANCING, DESIGN, PAGE 3 OF 7 AND CONSTRUCTION OF A TEMPORARY WALKING PATH ON NELSON ROAD 5.1 All improvements shall be designed and constructed to City standards and in compliance with all federal, state, and local laws and regulations, including compliance with public works bidding and any required worker safety programs. 5.2 The City shall ensure that copies of all plans, specifications, requests for bids and “as-built” drawings, for the Improvements are distributed to the School. 6. Completion of Improvements. The City shall construct the Improvements as soon as reasonably practicable. The parties anticipate that the design and construction of the Improvements shall be complete by _______________, 2022. Upon completion and acceptance of the Improvements, the Improvements shall be part of the City’s road infrastructure system and the City shall be responsible for all further operation and maintenance costs of the Improvements. 7. Payment of Costs of Improvements. 7.1 Except as otherwise provided in this Section 7, the School shall pay its Participation Funds to the City and the City shall be responsible for payment of all costs of the Improvements. 7.5 In the event the City determines to request, authorize, or approve any change orders, construction change directives, force directives, amendments, or modifications to the contract for the construction of the Improvements (“Amendments”) which result in any Excess Costs, the parties agree to share equally in such Excess costs. 7.6 The School shall not be responsible to pay Excess Costs associated with any Amendments for which it has not been given timely notice and opportunity to review and comment 7.7 All Excess Costs for which the School is responsible shall be paid in full within fifteen (15) days of the City’s notice of the Excess Costs Amendment pursuant to Section 7.6 above. 8. Easements. The School shall assist the City in obtaining any additional easements necessary to construct the Improvements. 9. Indemnification. Moses Lake Council Packet 6-28-22, Page 12 of 78 INTERLOCAL AGREEMENT FOR THE FINANCING, DESIGN, PAGE 4 OF 7 AND CONSTRUCTION OF A TEMPORARY WALKING PATH ON NELSON ROAD 9.1 The School shall hold harmless, indemnify and defend the City, its officers, officials, employees, contractors, and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and attorney’s fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the School’s negligent or intentional acts, errors, or omissions in the performance of this Agreement; PROVIDED, HOWEVER, that the School’s obligation hereunder shall not extend to injury, sickness, death, or damage caused by or arising out of the sole negligence of the City, its officers, officials, employees, contractors, or agents; PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the School’s obligations hereunder shall apply only to the percentage of fault attributable to the School, its officers, officials, employees or agents; PROVIDED FURTHER, by mutual negotiation, the School expressly waives, as respects the City only, all immunity and limitation on liability under any industrial insurance act, including Title 51 RCW, other worker's compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. 9.2 The City shall hold harmless, indemnify and defend the School, its officers, officials, employees, contractors, and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including costs and attorney’s fees in defense thereof, for injury, sickness, disability, or death to persons or damage to property or business, caused by or arising out of the City’s negligent or intentional acts, errors, or omissions in the performance of this Agreement and/or arising by reason of the City’s participation in the construction of the Improvements; PROVIDED, HOWEVER, that the City’s obligation hereunder shall not extend to injury, sickness, death, or damage caused by or arising out of the sole negligence of the School, its officers, officials, employees, contractors, or agents; PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the City’s obligations hereunder Moses Lake Council Packet 6-28-22, Page 13 of 78 INTERLOCAL AGREEMENT FOR THE FINANCING, DESIGN, PAGE 5 OF 7 AND CONSTRUCTION OF A TEMPORARY WALKING PATH ON NELSON ROAD shall apply only to the percentage of fault attributable to the City, its officers, officials, employees, or agents; PROVIDED FURTHER, by mutual negotiation, the City expressly waives, as respects the School only, all immunity and limitation on liability under any industrial insurance act, including Title 51 RCW, other worker's compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. 9.3 The parties hereby agree that, except as expressly set forth in this Agreement, the performance of services pursuant to this Agreement shall not constitute an assumption by the City of any School obligations or responsibilities. Likewise, the parties hereby agree that, except as expressly set forth in this Agreement, the performance of services pursuant to this Agreement shall not constitute an assumption by the School of any City obligations or responsibilities. 9.4 The parties agree that the provisions of this section shall survive the expiration and/or termination of this Agreement. 10. Termination and Dispute Resolution. This Agreement may be terminated prior to the expiration of the term specified in Section 3: 10.1 Upon mutual agreement of the parties, in which event the termination shall be effective at any time and subject to the conditions established by mutual agreement; or 10.2 If a party fails to comply with any material provision of this Agreement, the other party may terminate this Agreement for default upon thirty (30) days’ prior written notice specifying the default to the defaulting party. Any extra costs, expenses, or damages incurred by the non-defaulting party as a result of the termination for default shall be borne exclusively by the party in default, provided, however, that the non-defaulting party has first exhausted the dispute resolution process set forth in Section 10.3 below. The rights and remedies of this provision are in addition to any other rights or remedies provided to the non- defaulting party by law or under this Agreement. Any termination of this Moses Lake Council Packet 6-28-22, Page 14 of 78 INTERLOCAL AGREEMENT FOR THE FINANCING, DESIGN, PAGE 6 OF 7 AND CONSTRUCTION OF A TEMPORARY WALKING PATH ON NELSON ROAD Agreement for default shall not relieve the defaulting party of any obligation which may arise out of work already performed prior to such termination. In the event of a School default, the City may proceed pursuant to any remedy available at law. 10.3 In the event of a dispute arising out of this Agreement where the parties are unable reach a resolution through informal discussion, the parties agree to participate in non-binding mediation before a third party professional mediator, whose selection will be mutually agreed upon. The cost of mediation will be borne equally by both parties and mediation should occur within thirty (30) days of a request by either party to engage in mediation. No claim or suit may be brought until the dispute resolution procedures as set forth in this section have been exhausted. If dispute resolution efforts under this section are not successful, either party may institute legal action to enforce the terms and conditions of this Agreement. 11. Notices. Unless otherwise directed in writing, notices, documents, and payments shall be delivered to each party as follows: To the City: To the School: City of Moses Lake Moses Lake School District City Manager Superintendent PO Box 1549 1620 S. Pioneer Way 401 S. Balsam St. Moses Lake, WA 98837 Moses Lake, WA 98837 Notices mailed by either party shall be mailed both certified and first class mail, postage prepaid, and shall be deemed effective on the date mailed. Either party may change its address for receipt of notices, documents, and payments by giving the other party written notice of not less than five days prior to the effective date. 12. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any action, claim or proceeding brought under this Interlocal Agreement shall be commenced exclusively in the Superior Court for Grant County or in the federal courts of the United States for the Eastern District of Washington. Moses Lake Council Packet 6-28-22, Page 15 of 78 INTERLOCAL AGREEMENT FOR THE FINANCING, DESIGN, PAGE 7 OF 7 AND CONSTRUCTION OF A TEMPORARY WALKING PATH ON NELSON ROAD 13. Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior agreements, contracts, and understanding, written or oral. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of the Agreement. Any and all previous agreements, understandings, and the like, oral or otherwise, are hereby revoked. 14. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture, or other joint enterprise between the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective on the latest date shown below. The signatories below represent and warrant that they possess the authority to execute this Agreement and bind their respective entities. CITY OF MOSES LAKE MOSES LAKE SCHOOL DISTRICT NO. 161 By: By: Allison Williams, City Manager ____________, Superintendent Dated: ______________________________ Dated: ______________________________ Moses Lake Council Packet 6-28-22, Page 16 of 78 LAKELAND DRXXXXXX XXXX XXXXXXXXXXXXXXXXXXXXXX>>>>>>>>>>>>>>OPOPOPOPOPOPOPOPOPOPOPOPOPOPOPOPOPOPOP10+0011+0012+0013+0014+0015+00W WWWWWWWW WWWWWWWWWWWWWWWWWW W W WWWWWWWWWWWWSSSSSSSSSSSSSSSSSS SSSSSS S SSXXXXXXXXX XXXXXXXX>>>>>>>>>>>>>>OPOPOPOPOPOPOPOPOPOPOPOPOPOPOPOP16+0017+0018+0019+0019+50WWWWWWWWWWWWWWWWWWWSSSSSSSSSSSSSSSSSSMATCH LINE - STA. 15+50 (SEE BELOW)CALL BEFORE YOU DIG2 WORKING DAYS IN ADVANCEDIAL 811MLLDRAWN BYRALCHECKED BYDATEGC2021-XXXFILE NO.OF 3SHEET 2\\ENG-SERVER\projects\2021\Nelson Road School Sidewalk\Civil\Nelson Road Sidewalk Design.dwg PLOT: June 21, 2022 at: 1:36pm BEGIN PROJECTSTA: 10+77.60, 22.00'LTN: 652720.98E: 1950319.831. ALL VALVE BOXES, MONUMENTS, WATER SERVICETILES, UTILITY VAULTS, MANHOLES, DRYWELLS ORCLEANOUTS WITHIN SCOPE OF WORK SHALL BEADJUSTED.2. CONTRACTOR TO INSURE ALL ASPHALT ANDCONCRETE AREAS DRAIN.3. REDUCED DRAWINGS MAY NOT BE EXACT HALFSCALE SIZE.4. TRAFFIC CONTROL SIGNS SHALL BE POST MOUNTEDAT ALL ENTRANCES TO PROJECT SITE.GENERAL NOTES:REVISIONDATEINIT07/2021NELSON ROAD39490WALNELLADRA HCIR NOTGNIHSAWFOETATS REGISTERE DPROFESSIONALENGI NEER EXIST. 8" PVC WATERL E G E N DPROPOSEDEDGE OF ASPHALTASPHALT SURFACESIGNXSWFENCEEDGE OF ASPHALTEDGE OF GRAVELEDGE OF CONCRETEPROPERTY LINECENTER LINEWATER LINESEWER PIPER/WEXISTINGOVERHEAD POWEROPMAIL OR NEWSPAPER BOXSIGNWATER VALVESEWER MANHOLEWATER SERVICETELEPHONE RISERTRANSFORMERELECTRIC RISERUTILITY POLEEXIST. 14" AC WATEREXIST. 8" PVC WATEREXIST. 8" PVC WATER RELOCATE EXISTINGSTREET SIGN, SEEDETAIL A-8, SHEET 4EXIST. 14" AC WATERPROTECT AND MAINTAINEXISTING TRANSFORMERREMOVE EXISTING BLOCK WALL ANDTRIM TREES AS NECESSARY FORSIDEWALK INSTALLATIONPROTECT AND MAINTAINEXISTING FIBER OPTICRISERREMOVE EXISTINGSIGN BASEPROTECT AND MAINTAINEXISTING UTILITY VAULTADJUST WATER VALVETO FINISH GRADEREMOVE AND DISPOSEOF EXISTING CULVERT0GRAPHIC SCALEAS SHOWN40201020NORTH INSTALL FRENCH DRAINPER DETAIL.FIBER OPTIC RISERMATCH LINE - STA. 15+50 (SEE ABOVE)NELSON ROADEXIST. 14" AC WATERREMOVE AND RELOCATEEXISTING SIGNFIBER OPTIC RISER ANDPHONE RISER TO BERELOCATED BY OTHERSREMOVE AND RELOCATEEXISTING MAILBOXREMOVE AND RELOCATEEXISTING MAILBOXSTA: 19+16.50INSTALL CURB RAMPPER DETAIL A-7, SHEET 4INSTALL PLASTICCROSSWALK LINEPER CROSSWALKDETAIL, SHEET 4INSTALL FRENCH DRAINPER DETAIL THIS SHEETREMOVE AND DISPOSEOF EXISTING CULVERTEND PROJECTSTA: 19+25.50, 20.00'LTN: 652722.77E: 1951167.73RIGHT-OF-WAY (TYP.)RIGHT-OF-WAY (TYP.)Moses Lake Council Packet 6-28-22, Page 17 of 78 MOSES LAKE CITY COUNCIL June 14, 2022 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Hankins. ROLL CALL Present: Mayor Hankins; Deputy Mayor Myers; Council Members Fancher, Eck, Swartz, Martinez, and Madewell. PLEDGE OF ALLEGIANCE Terry Nolan led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Eck moved to approve the Agenda as presented, second by Council Member Fancher. The motion carried 7 – 0. CITIZEN’S COMMUNICATION Speeding Vehicles on Skyline Dr Rich Swanson, 1110 S Skyline Dr, Moses Lake, requested consideration of traffic calming in his neighborhood and provided several mitigating options and examples from other cities. He also commented on graffiti issues and thanked Parks staff for the new playground at Gillette Park. (Revisited during 6-year TIP Public Hearing) Council and staff discussed conducting assessments using pop-up demonstrations of traffic calming options. SUMMARY REPORTS MAYOR’S REPORT Main Street Week Proclamation Mayor Hankins read the proclamation declaring June 6-12 as Main Street Week and recognizing our own downtown and Main Street functions. Downtown Moses Lake Association Executive Director Lexi Smith was present to receive the proclamation. Parks, Recreation, and Cultural Services (PRCS) Board Member Appointment There is one vacancy on the PRCS Board due to a recent resignation by Warren Tracey. Mayor Hankins reviewed applications on file with staff and recommends Allison Palumbo to fill the remaining term of this position. Ms. Palumbo provided her cultural background and history as a resident of the City. Action taken: Council Member Swartz moved to affirm the appointment as presented, second by Council Member Martinez. The motion carried 6 – 0. Council Member Eck did not vote. CITY MANAGER’S REPORT Employee New Hire and Promotions PRCS Director Susan Schwiesow introduced the following staff receiving recent promotions: Museum and Art Center Superintendent Dollie Boyd, Creative Programs Moses Lake Council Packet 6-28-22, Page 18 of 78 CITY COUNCIL MINUTES – June 14, 2022 pg. 2 Coordinator Jenni Shelton, and Museum Coordinator Alana Prizant. She also introduced new Museum Customer Service Attendants Natalia Zuyeva and Veronica Talbot. 2021 4th Quarter Financial Reports Finance Director Madeline Prentice provided reports in the meeting packet that were reviewed by the Council Finance Committee earlier today. Highlights included mentioning good sales tax income and higher revenues compared to expenses due to lack of completion on several capital projects as well as understaffing. A budget amendment for 2023 will be presented at the next meeting. Ms. Prentice is also assessing reserves for Ending Fund Balances. Budget Amendment Requests City Manager Allison Williams requested consideration of a catch-up COLA and deferred compensation match for non-represented staff as well as authorization to reinstate the Deputy City Manager position. Action taken: Council Member Martinez moved to approve the budget amendment requests as presented, second by Council Member Eck. The motion carried 7 – 0. Comp Plan Process and Work Plan The Urban Growth Area (UGA) expansion application to Grant County was pulled pursuant to Council action. Staff will solicit consultants to either do a peer review or a new land capacity analysis from the 2021 Comp Plan Update. Staff will present a work plan for Council to approve to essentially develop a new UGA amendment application that, if approved by Grant County, would become effective January 2024. Ad Hoc Economic Development Committee Staff would like to form a new Council Committee to coordinate communications and available resources for new businesses with the Port and other local agencies. Mayor Hankins, and Council Members Fancher and Eck expressed interest in serving on the Committee. Action taken: Council Member Swartz moved to develop an Ad Hoc Council Committee to work with associated agencies for Economic Development, second by Council Member Eck. The motion carried 7 – 0. PUBLIC HEARING #1 Six-year Transportation Improvement Program, Resolution 3897 Staff explained that the current program will be incorporated as an exhibit to the Capital Facilities Plan in the Comp Plan update process and is required to be submitted to the State annually at the end of June. Mayor Hankins opened the hearing at 7:37 p.m. Jim Warjone, Donna Hamar, Luanne Vail provided comments to Council. The hearing was closed at 8:05 p.m. Council had an extensive discussion on a pedestrian path on Nelson Rd near the new elementary school and requested staff to prioritize safety options. Action taken: Council Member Fancher moved to adopt Resolution 3897 with updated cost Moses Lake Council Packet 6-28-22, Page 19 of 78 CITY COUNCIL MINUTES – June 14, 2022 pg. 3 estimate for Nelson Road Safe Routes to Schools project, second by Council Member Swartz. The motion carried 6 – 0, Council Member Eck was absent during the vote. CONSENT AGENDA #2 a. City Council meeting minutes dated May 10, 17, 24 and 31, 2022. b. Claim ACH 169-174 in the amount of $547,765.97; Claim Checks 156321 – 156598 in the amount of $729,068.56; Payroll Checks 64293 through 64415 in the amount of $26,988.16; and Electronic Payments on May 27 and June 10 in the amount of $1,120,330.41. c. Joyson Wastewater Permit Renewal d. Eka Lift Station Project Acceptance e. Misc. Sewer Project Acceptance f. BMX Track Project Acceptance g. Milwaukee and AeroTEC Water Project Bid Rejection h. Northshore Lift Station Easement Extension i. Grant County ESG-CV Contract Amendment 3 Action taken: Council Member Martinez moved to approve the Consent Agenda as presented, second by Deputy Mayor Myers. The motion carried 7 – 0. OLD BUSINESS #3 Water System Comp Plan Consultant Contract Staff solicited for consultant qualifications in November 2021 to update the 2015 Water System Comp Plan. Three engineering staff evaluated five responses and selected the top consultant of their combined scores to move forward with price negotiations. Action taken: Council Member Swartz moved to award the contract for creating the City’s new Comprehensive Water System Plan to RH2 as presented, second by Council Member Eck. The motion carried 7 – 0. NEW BUSINESS #4 Review of Council Stipend MLMC 2.60.030 The Municipal Code states that these stipends shall be reviewed for consideration of adjustment between June and December of even numbered years. Council reviewed the analysis of comparable cities, current inflation, as well as payment for other meetings. Action taken: Council Member Fancher moved to maintain the current stipend structure, second by Council Member Martinez. The motion carried 7 – 0. #5 Larson Recreation Center Handbook and Fee Resolution 3901 PRCS Director Susan Schwiesow reviewed fees and rules for patrons without a membership pass. The PRCS Board toured the facility last week and she will schedule a tour for Council in the near future. Action taken: Council Member Eck moved to adopt Resolution 3901 with the inclusion of a low- income scholarship option, second by Deputy Mayor Myers. The motion carried 7 – 0. Moses Lake Council Packet 6-28-22, Page 20 of 78 CITY COUNCIL MINUTES – June 14, 2022 pg. 4 ADMINISTRATIVE REPORTS S Salvation Army Utility Billing Donations Finance Director Madeline Price thanked Police Chief Kevin Fuhr for connecting them with the Salvation Army in May to take advantage of their program to assist with $11,000 of delinquent account payments. PRCS Mobile Recreation Unit and SEEK Grant Programs PRCS staff received additional $47,000 to assist with summer program marketing, translation services, and improvements for the day camp and mobile programs that begin next week. Council was invited to see the mobile unit anytime and staff will have it at the next meeting. Surf & Slide Water Park Lazy River Closure The leak in filtration system has been repaired and the lazy river was reopened last weekend. Young Women in Fire Program Fire Chief Brett Bastian commended Firefighter Lynn Falconer for being selected as a counselor at Camp Blaze which is a leadership camp for young women held at the WA State Fire Academy in North Bend. She is also working with local fire agencies to improve youth explorer programs. Department of Ecology (DOE) Wastewater Treatment Plant Awards A letter was received to announce annual award for our Larson and Dunes treatment plants. Staff recognition will occur at a future Council meeting when the plaques arrive. Municipal Services Director Interview Team City Manager Allison Williams received interest from Mayor Hankins, Council Members Swartz and Eck to participate on the panel of interviews in the near future. COUNCIL COMMUNICATIONS AND REPORTS Council Member Fancher is attending the Grant County Economic Development Council meeting tomorrow morning and is looking forward to building relationships with them. Council Member Martinez announced the make-up of our Grant County Health Board will be two County Commissioners, two elected officials, and one alternate. She will submit her letter of interest for consideration of appointment by the Grant County Board of Commissioners. She also asked and received update that staff is working on full page newspaper ads with the Watershed Council for public outreach on water conservation. Council Member Eck invited the public to visit with him on Mondays and Wednesdays at Red Door Café at 1 p.m. for his coffee with a Council Member event. Deputy Mayor Myers advised that Grant Transit Authority is resuming in person meetings starting this Thursday at 6:30 p.m. Mayor Hankins inquired and staff answered that there will be an update at the next meeting for development of the Food Truck Plaza and Food Truck regulations. Moses Lake Council Packet 6-28-22, Page 21 of 78 CITY COUNCIL MINUTES – June 14, 2022 pg. 5 EXECUTIVE AND CLOSED SESSIONS Mayor Hankins called an Executive Session pursuant to RCW 42.30.110(1)(i) to discuss potential litigation and Closed Session for Labor Negotiations pursuant to RCW 42.30.140(4)(c) at 8:50 p.m. with Council, City Manager Allison Williams, City Attorney Katherine Kenison, as well as a few Directors for 45 minutes with no action to follow. ADJOURNMENT The regular meeting was adjourned at 9:40 p.m. ______________________________________ Dean Hankins, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-28-22, Page 22 of 78 To: Allison Williams, City Manager From: Madeline Prentice, Finance Director Council Meeting Date: June 28, 2022 Proceeding Type: Consent Agenda Subject: Disbursement Report since June 14, 2022, Council Meeting The following amounts were budgeted and sufficient funds were available to cover these payments: Electronic Transfer 175 $ 175,715.64 Checks 156599 – 156780 $ 1,793,421.02 Payroll Checks No Paychecks $ 0.00 Electronic Payments No Payroll this period $ 0.00 Summary RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place. Moses Lake Council Packet 6-28-22, Page 23 of 78 Moses Lake Council Packet 6-28-22, Page 24 of 78 Moses Lake Council Packet 6-28-22, Page 25 of 78 Moses Lake Council Packet 6-28-22, Page 26 of 78 Moses Lake Council Packet 6-28-22, Page 27 of 78 Moses Lake Council Packet 6-28-22, Page 28 of 78 Council Staff Report To: From For Agenda of: Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Allison Williams, City Manager Richard Law 6/28/2022 Agenda Item Number: 1 Department Municipal Services Proceeding Type Consent Agenda RDO Equipment Water Main Improvements Bond Acceptance City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Staff recommends City Council adopt the resolution as presented. RDO site map.pdf 2.52MB RDO Resolution to accept improvements.docx 16.98KB RDO Equipment Co. extended approximately 891.4’ of 12” C-900 PVC water main to serve a newly constructed building to house operaons. The water main was installed for the full frontage of their property as per requirements in the Municipal Code 13.07.030 Water Main Extensions. The construcon plans are required to be reviewed and approved by the City prior to construcon. All the construcon work is inspected to assure compliance with the construcon plans and City standards. The water main improvements will serve the RDO Equipment Co. on site fire hydrants and domesc water supply. 13.07.030 Water Main Extensions: When water mains are extended, the water mains shall be installed at the expense of the prospective user, and the water mains shall be installed for the full frontage of property being served. All water main extensions are required to be constructed per construction plans that are provided by the prospective user, as submitted by a professional engineer, and approved by the Municipal Services Department. (Ord. 2207, 5/24/05) City Ownership of Water Mains. The City shall have ownership of all water mains that are located within right-of-way or a municipal easement, provided that the water mains have been accepted by the City Council. City ownership for water mains that extend onto private property without a municipal easement terminates at the downstream side of the isolation valve located in right-of-way, or at the right-of-way line when there is no isolation valve. Moses Lake Council Packet 6-28-22, Page 29 of 78 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. A MAINTENANCE BOND or other approved security in the amount of $40,113 (50% of total costs of $80,226) 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. Options and Results The improvements will be accepted and the plat can be completed. Action would require staff to bring a revised resolution to Council for consideration. The City will not accept the plat improvements and the plat cannot be completed. Moses Lake Council Packet 6-28-22, Page 30 of 78 RESOLUTION 3904 A RESOLUTION ACCEPTING WATER MAIN IMPROVEMENTS FOR MUNICIPAL USE AS PART OF RDO EQUIPMENT CO Recitals: 1. Street and Utility improvements lying in dedicated right-of-way or easements are in place and connected to the City of Moses Lake’s street and utility systems as part of the RDO Equipment Co. The project extended approximately 891.4’ of 12” C-900 PVC water main to serve a newly constructed building to house operations. The water main was installed for the full frontage of their property as per requirements in the Municipal Code 13.07.030 Water Main Extensions. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards and were completed in May 2022. 3. RCW 35.90.030, indicates that developer installed public street and utility facilities should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. 4. A Maintenance Bond shall be provided by the developer for a two-year maintenance period which commences on June 28, 2022. Resolved: 1. The City Council of the City of Moses Lake accepts the RDO Equipment Co. street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After June 28, 2022, all operational costs of said street and utility improvements shall be borne by the City of Moses Lake as provided by City ordinance and subject to the required maintenance bond. 3. Subject to final inspection, after June 28, 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. 4. Developer shall provide a two-year maintenance bond in an amount and form acceptable to the City for said street and utility improvements. Moses Lake Council Packet 6-28-22, Page 31 of 78 ACCEPTED by the City Council on June 28, 2022. ______________________________ Dean Hankins, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-28-22, Page 32 of 78 Moses Lake Council Packet 6-28-22, Page 33 of 78 Council Staff Report Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Overview Fiscal and Policy Implications Agenda Item Number: 1 Department Municipal Services Proceeding Type Consent Agenda To: Allison Williams, City Manager From Richard Law, City Engineer For Agenda of: 6/28/2022 Subject Knolls Vista Easement for CAD Homes Resolution Reviewed and Approved by: City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Staff recommends City Council adopt the Resolution to accept a Municipal Easement for use as a public street. Packet Attachments (if any) 01 Knolls Vista Easement Location.jpg 2 Resolution-PADILLA EASEMENT.doc 26.5KB 147.42KB 193.36KB 3-Municipal Easement-Padilla.pdf 4-PADILLA MAP EXHIBIT.pdf 50.32KB City Council should consider a Resolution to accept a Municipal Easement for a public street adjacent to a proposed residential development. CAD Homes is proposing to develop a vacant Knolls Vista property into homes as an infill project. To facilitate the development, they need a road easement from the adjacent land owner to legally construct and extend Washington street. The adjacent owner, Mario Padilla has signed a Municipal Easement Document that would allow the portion of his property to be developed as the extension of Washington Street. Staff supports the use of a Municipal Easement for the proposed roadway in this situation. The owner, Mario Padilla, will be required to dedicate the easement as road right-of-way to the city at the time he subdivides his property. The long-term operation and maintenance is a fiscal consideration. Moses Lake Council Packet 6-28-22, Page 34 of 78 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Options and Results A public street can be developed in a way that will allow for neighborhood connectivity. Staff will bring back options for recommended changes. Developer will build a halfwidth street to fulfill the development requirements of the plat. Moses Lake Council Packet 6-28-22, Page 35 of 78 Moses Lake Council Packet 6-28-22, Page 36 of 78 RESOLUTION 3902 A RESOLUTION TO ACCEPT A MUNICIPAL EASEMENT RECITALS: 1. Cad Homes is proposing to develop a vacant Knolls Vista property into homes as an infill project. 2. To facilitate the development, CAD Homes needs a road easement from the adjacent land owner to legally construct and extend Washington street across the neighboring property and through their proposed subdivision. 3. The adjacent owner, Mario Padilla has signed a Municipal Easement document that would allow a portion of his property to be developed as the extension of Washington Street. RESOLVED: 1. The City of Moses Lake, Washington, declares that a Municipal Easement will be accepted. 2. The City of Moses Lake, Washington, authorizes staff to accept and record a MUNICIPAL EASEMENT document for the proposed road and utilities for a private subdivision. Adopted by the City Council on June 28, 2022. _______________________________ Dean Hankins, Mayor ATTEST: __________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-28-22, Page 37 of 78 Moses Lake Council Packet 6-28-22, Page 38 of 78 Moses Lake Council Packet 6-28-22, Page 39 of 78 Moses Lake Council Packet 6-28-22, Page 40 of 78 CURRENT INFILLSUBDIVISION PROPOSALPADILLA MUNICIPAL EASEMENT -MAP EXHIBIT WASHINGTON STREETPADILLA PARCEL 11-0623-000 65'30' 30' 30' 30' KNOLLS VISTA E.U.B. PLAT KNOLLS VISTA E.U.B. PLAT LOT 22 903 W OREGON LOT 15 439 N WASHINGTON OREGON STREET LOT 14 443 N WASHINTGON WASHINGTON STREET (PROPOSED)* MUNICIPAL EASEMENT *NORTHMoses Lake Council Packet 6-28-22, Page 41 of 78 Council Staff Report Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Agenda Item Number: 2 Department Finance Proceeding Type Old Business To: Allison Williams, City Manager From Madeline Prentice, Finance Director For Agenda of: 6/28/2022 Subject 2022 Budget Amendment Ordinance Reviewed and Approved by: City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 12,180,388.00$0.00$12,180,388.00$ Adopt the 2022 Budget Appropriation Ordinance as presented. Budget Amendment Sched 1.pdf 154.75KB 2022_Budget Amend Approp Ord.docx 23.28KB RCW 35.33.091 sets forth the requirements to amend the budget absent a true "emergency". Most fund amendments are primarily the result of things already approved by Council but just not completely incorporated in the current budget. A summary of the changes follows: Executive: An HR Recruiting Software was needed to aide HR staff in tracking candidates and on-boarding new hires as the current HR system will not work. City is requesting a budget amendment of $22,953. Finance: Staff is requesting a budget amendment in the amount of $154,000 for professional services for software consulting and accounting services and replacement of office furniture in the amount of $2,415 is requested. Parks and Recreation: Staff is requesting to carryforward 2021 budgeted amounts that were unspent for the replacement of the pool liner in the amount of $16,810 and for Museum permanent exhibits in the amount of $140,573. Parks Mitigation Capital: Staff is requesting to carryforward 2021 unspent budgeted amounts for the Gillette & Knolls Vista Playground - $37,842 and Paul Lauzier Infield improvements - $18,007. Police: Staff is requesting a $40,000 budget amendment to purchase battering rams, ballistic shields and halligan tools for patrol cars to keep officers safe. Funding for this is available in the High Crimes account. Staff is also requesting a budget amendment in the amount of $20,875 for additional professional services costs for the design of a new police building and $15,630 for the renewal of the software agreement for software and cloud storage of video data from officer body-worn cameras and in-camera systems.Moses Lake Council Packet 6-28-22, Page 42 of 78 Engineering: Staff is requesting a budget amendment for $160,000 for an assistant Municipal Services Director and $2,500 for a drone to expand their engineering and surveying capabilities. Grants and Donations: Parks and Recreation secured a SEEK grant from WRPA in the amount of $63,378 for a Mobile Rec and a Water Safety program. Local Fiscal Recovery: The 2022 budget did not include the expense portion of the ARPA funds that had been previously approved. An updated budget with carryover of unspent funds from 2021 was approved by Council in February. Homeless Services: A budget amendment in the amount of $12,215 in professional services for a Homeless Housing Feasibility study is requested. Street Repair and Reconstruction: Perteet contract amendment in the amount of $6,100 to complete the Mae Valley traffic impact analysis is requested. Additionally, a TIB grant in the amount of $105,000 was secured. Parks and Recreation Improvement: It was discovered that the Larson Rec Center unspent capital costs from 2021 were not carried forward to the 2022 budget. Staff is requesting a budget amendment in the amount of $6,853,982. Funding for these costs will come from the LOCAL borrowing program. Water: Staff is requesting a budget amendment for professional services for the ILA with MLIRD ($50,000) and domestic water telemetry upgrades contract amendment ($40,613). A budget amendment for $6,110 is also requested for the Hayboy Farms reimbursement for seed costs as approved at the March 22, 2022 Council Meeting. Water Rights: Staff is requesting a $46,500 budget amendment for professional services for the MLIRD irrigation feasibility study. Airport: A budget amendment for $175,000 is requested for the carryforward of the fuel system purchase, $10,000 for professional services for a residential airpark feasibility study and $60,000 operating funds for the newly formed Airport Commission as approved at the April 12, 2022 Council Meeting. Risk Management: A $31,921 budget amendment is requested for the Wellfield Superfund Site. Equipment Rental - 2021 carryforward of budgeted, but unspent machinery and equipment purchases in the amount of $2,008,353. The attached ordinance increases the 2022 budget for 10 funds resulting in citywide total expenditures of $12,180,388 and adds $40,000 to estimated revenue for the General Fund, $63,378 for Grants & Donations Fund, $105,000 for Street Repair & Reconstruction Fund, $6,853,982 for Parks & Recreation Improvement Fund, and $235,000 for the Airport Fund. The budget amendment results in a net use of fund balance of $535,756 in the General Fund, $55,849 in Parks Mitigation, $2,079,611 in the Local Fiscal Recovery, $12,215 in Homeless Services, $6,100 in Street Repair and Reconstruction, $96,723 in the Water fund, $46,500 in Water Rights, $10,000 in the Airport fund, $31,921 in Risk Management and $2,008,353 in Equipment Rental. Grants and Donations and Parks & Recreation Improvement funds have a net effect of $0. Fiscal and Policy Implications It is a compliance issue to have actual results be within the authorized appropriation. If we overspend an appropriation, the State Auditor's Office would likely note it as an area of non-compliance with laws. Options and Results Approve, Authorize, or Adopt: Increase the appropriation authority in each of the affected funds. Moses Lake Council Packet 6-28-22, Page 43 of 78 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. Some 2022 Fund expenditures may exceed budget authority, potentially causing an audit compliance issue. Moses Lake Council Packet 6-28-22, Page 44 of 78 Account #Account Name Amount Description GENERAL FUND Executive 001-002-51810-0354 Computer Software 22,953 HR Recruiting Software Finance 001-003-51420-0351 Office Furniture 2,415 New desk/table/chairs for Finance Director Office 001-003-51423-0411 Professional Services 74,000 Software Consulting Services - SoftResources 001-003-51423-0411 Professional Services 80,000 LSL Consulting Services 156,415 Parks and Recreation 001-020-59476-0631 Park Fac. - Improve/Other than Bldg.16,810 Replace pool liner 001-020-59479-0631 Improve/Other than Bldg.140,573 Museum Permanent Exhibits 157,383 Parks Mitigation Capital Project 315-315-59476-0631 Park Fac. - Improve/Other than Bldg.37,842 Gillette & Knolls Vista Playground 315-315-59476-0631 Park Fac. - Improve/Other than Bldg.18,007 Paul Lauzier Infield Improvements 55,849 Total Parks and Recreation 213,232 Police 001-030-52122-0351 Minor Equipment < $5,000 40,000 Battering rams, ballistic shields and halligan tools, money is available in High Crimes to move to Patrol 001-030-52122-0411 Professional Services 20,875 Police Building Design - Rolluda Architects 001-030-52122-0354 Computer Software 15,630 Axon Enterprise Software Agreement renewal 76,505 Revenue 001-000-39700-1922 Trans-In from 103 Grants & Donations 40,000 Move from High Crimes Total Police 36,505 Engineering 001-004-55860-0351 Minor Equipment < $5,000 2,500 Drone for Engineering Department 001-004-55860-0111 Salaries 160,000 Assistant Municipal Services Director 162,500 Net use of General Fund balance 535,756 Grants & Donations 103-103-57528-0111 Salaries 32,500 103-103-57528-0355 Small Equipment < $1,000 9,000 103-103-57528-0431 Travel & Subsistence/Non-Educ.2,350 103-103-57528-0411 Professional Services 19,528 63,378 SEEK Grant Revenue 103-000-36779-1012 Contributions & Donations 63,378 SEEK Grant Net use of Grants & Donations balance - Local Fiscal Recovery Expenditure 105-105-59700-Admin - 3-year contract EE 126,000 The expense for the ARPA funds was not included in the 105-105-59700-Reimburse losses - 2020 LTAC 190,000 2022 budget - only the revenues were included. 105-105-59700-Ambulance replacement 280,000 105-105-59700-Ambulance replacement 7,053 Additional costs over quoted amount 105-105-59700-4 firefigher/EMT/Paramedics 300,000 105-105-59700-Police MHP - outreach 25,000 105-105-59700-Water Ext. - Cascade Valley 100,000 105-105-59700-Sewer Ext. - Cascade Valley 100,000 105-105-59700-Resident Support 51,558 105-105-59700-Food Truck Plaza 300,000 105-105-59700-Business/Arts Support 100,000 105-105-59700-Sleep Center relocation 500,000 Total Local Fiscal Recovery Expenditures 2,079,611 Homeless Services Expenditure 110-110-56540-0411 Professional Services 12,215 Homeless Housing Feasibility Study City of Moses Lake 2022 Appropriation Schedule SCHEDULE 1 Appropriate out of unappropriated fund balances of the various funds and in the various amounts and for the purposes as described: 1 of 2 Moses Lake Council Packet 6-28-22, Page 45 of 78 Account #Account Name Amount Description City of Moses Lake 2022 Appropriation Schedule SCHEDULE 1 Appropriate out of unappropriated fund balances of the various funds and in the various amounts and for the purposes as described: Street Repair/Reconstruction 119-119-54130-0485 R&M - Major Projects 6,100 Mae Valley traffic impact analysis - Perteet 119-119-54130-0485 R&M - Major Projects 105,000 Complete Streets grant Revenue 111,100 119-000-33400-1017 Complete Streets Grant - TIB 105,000 $80K for Marina Dr. Revitalization, $25K-update 2005 Trails Master Plan & Cycling & Seating Improvements Total Fund 119 Revenues 105,000 Net Use of Street Repair/Reconstruction balance 6,100 Parks & Recreation Improvement 314-314-59476-0622 Larson Rec Center 6,853,982 Balance of $11.5M budget not carried forward from 2021 Revenue 314-000-39180-1920 Larson Rec Center 6,853,982 LOCAL Borrowing Net Use of Parks & Recreation Improvement - Water 410-411-53410-0411 Professional Services 50,000 ILA with MLIRD 410-411-53410-0491 Miscellaneous 6,110 Hayboy Farms Seed Reimbursement 410-411-53410-0411 Professional Services 40,613 Domestic Water Telemetry upgrades - on-call electrical engineering services Water Rights 96,723 Expenditure 471-471-53410-0411 Professional Services 46,500 Water Rights consulting/MLIRD irrigation feasibility Airport Expenditure 495-495-59446-0631 Improvements other than Bldg. 175,000 Fuel System purchase 495-495-54680-0312 Operating Supplies 60,000 Operating funds for Airport Commission 495-495-54680-0411 Professional Services 10,000 Residential Airpark Feasibility Report Total Fund 495 Expenditures 245,000 Revenue 495-000-37400-1000 State Grant - Capital Contrib.175,000 CARB Loan for Fuel System 495-000-39700-1906 Trans-In from Misc. Services 60,000 Create Airport Commission Total Fund 495 Revenue 235,000 Net use of Airport fund balance 10,000 Risk Management 503-503-51545-0411 Professional Services 31,921 Wellfield Superfund Site - Marten Law - invoiced so far - what is the total contract amount? Total Risk Management 31,921 Equipment Rental 519-519-59448-0641 Machinery & Equipment 165,000 Re-Chassis Vehicle (Ram 5550 MLFD) - Spent $154,887.14 in 2021 519-519-59448-0641 Machinery & Equipment 100,000 2 Police F-150 Pickups - spent $28,422.36 in 2021 519-519-59448-0641 Machinery & Equipment 230,000 Brush Truck - $110,932.21 in 2021 519-519-59448-0641 Machinery & Equipment 336,000 Pumper Tender - $312,447 in 2021 519-519-59448-0641 Machinery & Equipment 523,000 Street Flush Truck/Tanker (Stormwater) 519-519-59448-0641 Machinery & Equipment 70,594 3/4 Ton Pickup (Building Maint.) 519-519-59448-0641 Machinery & Equipment 184,059 Replacement Chipper Dump Truck (Parks) 519-519-59448-0641 Machinery & Equipment 280,700 Replace Large Dump Truck (Water) 519-519-59448-0641 Machinery & Equipment 119,000 Wastewater - 8" pump on trailer Equipment Rental 2,008,353 Citywide Total Expenditures 12,180,388$ Revenues 7,257,360 Net 4,923,028$ 2 of 2 Moses Lake Council Packet 6-28-22, Page 46 of 78 ORDINANCE 3005 AN ORDINANCE AMENDING THE 2022 BUDGET FOR THE CITY OF MOSES LAKE; AND MAKING APPROPRIATIONS FROM UNAPPROPRIATED FUND BALANCES WITHIN VARIOUS FUNDS FOR EXPENDITURE DURING 2022 FOR VARIOUS PURPOSES AS DESCRIBED IN THE ATTACHED SCHEDULE Whereas, the various funds indicated on the attached Schedule 1 contain Unappropriated Fund Balances available for appropriation and expenditures during 2022 in various amounts and for the purposes mentioned in the attached Schedule; and Whereas, at the time of the adoption of the 2022 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF MOSES LAKE: Section 1. Appropriations are hereby made, for expenditure during 2022, from Unappropriated Fund Balances in the various Funds to the various accounts and in the various amounts, and for the specific purposes, all as specified in the Schedule attached hereto and incorporated herein. Section 2. This ordinance is one making an appropriation and shall take effect immediately upon its passage and approval as provided by law. Section 3. The City Council declares that an emergency exists and this ordinance is deemed a public emergency ordinance necessary for the protection of public health, public safety, public property, or public peace and shall take effect immediately as provided by law upon one reading if a majority plus one of the whole membership of the City Council vote in favor of passage. Section 4. 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. PASSED BY THE CITY COUNCIL, and signed and approved this 28th day of June, 2022. ______________________________________ Dean Hankins, Mayor Moses Lake Council Packet 6-28-22, Page 47 of 78 ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Hankins Vote: Date Published: July 5, 2022 Date Effective: July 10, 2022 Moses Lake Council Packet 6-28-22, Page 48 of 78 Council Staff Report To: From For Agenda of: Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: Mayor and City Council Allison Williams 6/28/2022 Agenda Item Number: 3 Department Administration Proceeding Type Old Business Yonezawa Intersection Control Evaluation (ICE) Completion City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 9,165.00$0.00$9,165.00$ Motion to authorize City Manager to sign Supplemental Agreement No. 2 with Perteet, Inc. to complete the Yonezawa Boulevard Extension Intersection Control Evaluation. In March 2021, the City contracted with Perteet, Inc., who had been selected after an extensive RFQ process as the transportation subconsultant for the City's overall comprehensive plan update, to carry out additional supplemental work including the Yonezawa Boulevard Extension Intersection Control Evaluation (ICE). The evaluation determined that the City would only be able to operate with a signalized intersection only on an interim basis and based on the development plan for adjacent properties, a roundabout was the preferred solution. After review with the city staff, staff recommends moving forward with the roundabout as there is already significant discussion around a new development proposal that will meet the growth targets that triggered the roundabout. WSDOT has jurisdiction over the intersection. As a result, the City needs to complete the ICE document for review and approval of WSDOT in order to move forward. This finishing work includes the preliminary cost estimate for the Yonezawa roundabout design. $9,165 is not currently budgeted however it is warranted and will be recouped through redevelopment of the area. Options and Results Motion to approve the supplement. Staff will bring back options for recommended changes. Moses Lake Council Packet 6-28-22, Page 49 of 78 No Action Taken: The study will be incomplete thus stopping access discussions Moses Lake Council Packet 6-28-22, Page 50 of 78 2707 Colby Avenue, Suite 900, Everett, WA 98201  P 425.252.7700 City of Moses Lake Yonezawa Blvd. Page 1 Prepared by: Perteet, Inc. Supplemental Agreement No. 2 City of Moses Lake Yonezawa Blvd. Extension Intersection Control Evaluation SUPPLEMENTAL AGREEMENT NO. 2 The CITY OF MOSES LAKE,“CLIENT” desires to supplement the agreement entered into with PERTEET, INC., “CONSULTANT” executed on March 23, 2021 . All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: SECTION I: OBJECTIVES AND SCOPE OF SERVICES (Exhibit “A”) The original scope of services will be supplemented to include additional services to complete the project, as described in Exhibit “A”, Scope of Services, attached hereto and made a part of this agreement. SECTION II: PAYMENT This section shall be amended as follows: These additional services will cause an increase in the amount of Nine Thousand One Hundred Sixty-Five Dollars ($9,165) in accordance with the attached Exhibit “A”. The maximum amount payable under this Agreement as supplemented, inclusive of all fees and other costs, is now Thirty-Eight Thousand Two Hundred Eighty-Five Dollars ($38,285). If you concur in this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. Dated this day of CITY OF MOSES LAKE ______________________________ , 2022. PERTEET, INC. ______________________________ Jesse ThomsenVice President TITLE:________________________ Moses Lake Council Packet 6-28-22, Page 51 of 78 2707 Colby Avenue, Suite 900, Everett, WA 98201  P 425.252.7700 City of Moses Lake Yonezawa Blvd. Page 2 Prepared by: Perteet, Inc. Supplemental Agreement No. 2 Exhibit “A” Supplement No. 2 City of Moses Lake Yonezawa Boulevard Extension ICE INTRODUCTION The purpose of this Amendment is to finalize the ICE document prepared in the initial Contract and to produce a planning-level opinion of cost for the City to use for budgeting and grant support purposes. The Consultant will bill hours according to the published 2022 billing rates, attached hereto. TASKS Tasks 1 through 3 are included in the Contract already, as amended by Amendment No. 1. Tasks 1 and 2 are modified by this Amendment No. 2 and Task 4 is added by this Amendment. Task 1 – Project Management Task 2 – Intersection Control Evaluation (ICE) Task 3 – Traffic Volume Analysis Task 4 – Planning-Level Engineering The task modifications and additions are described below. Task 1 – Project Management New Assumptions: • This contract duration for this Amendment will not exceed two (2) months from the date of notice to proceed. • A maximum of two (2) progress reports and invoices will be prepared for work under this Amendment. Task 2 – Intersection Control Evaluation (ICE) Task 2.4 is added as follows. Task 2.4 – Finalize ICE Work Elements: The Consultant will: • Revise the ICE memorandum and form for the SR 17 and Yonezawa Boulevard intersection to address comments provided by Washington State Department of Transportation (WSDOT) on April 4, 2022. • Alter the recommendation within the ICE from a traffic signal to a roundabout. Included in this effort will be removing language about a phased approach and sub-area planning commitment by the City of Moses Lake. Moses Lake Council Packet 6-28-22, Page 52 of 78 2707 Colby Avenue, Suite 900, Everett, WA 98201  P 425.252.7700 City of Moses Lake Yonezawa Blvd. Page 3 Prepared by: Perteet, Inc. Supplemental Agreement No. 2 • Incorporate the revised roundabout intersection layout produced under Task 4 of this Amendment. Assumptions: • The updated roundabout layout will be based on the same traffic volume projections prepared in a prior phase of this contract and the Sidra modeling included in Task 4 of this Amendment. Deliverables • Final ICE memorandum and form. Task 4 – Planning-Level Engineering Task 4 is added as follows. Work Elements: The Consultant will: • Revise the Sidra traffic modeling for the roundabout alternative for the SR 17 and Yonezawa Boulevard intersection to model as few as one lane per direction on the eastern leg of the intersection (previous modeling studied two lanes per direction on all four legs). Prior to completing the remaining work elements within this Task, the Consultant will share the modeling results for concurrence from City of Moses Lake and WSDOT. • Revise the roundabout intersection concept sketch from the prior version of the ICE to reflect the agreed-to lane configuration. This revised concept exhibit will include expanded details and seek to avoid right-of-way impacts on the western corners of SR 17 based on GIS right-of-way information. Additional details that this exhibit will include are: curb ramps, splitter islands, crosswalks, center island assumed landscaped zone, and color overlays (hatching) representing different design areas (e.g. sidewalks, concrete pavement). The exhibit will fit on a single 11x17- inch PDF. • Prepare a planning-level opinion of cost for the planning-level roundabout layout. This opinion of cost will reflect current construction unit prices escalated to a future year as agreed to by the Consultant and City. Prior to preparing the planning-level opinion of cost, the Consultant will confirm desired cost years for the various stages of the project (right-of-way, construction, and preliminary engineering) as well as City and WSDOT recommended treatments for existing pavements within the intersection area. Assumptions: • The Consultant will rely on available planning-level information to size the roundabout central island and circulating lanes. The Consultant will not preform design-level checks such as fastest path evaluations or truck turning simulations in preparing the intersection footprint. Deliverables • Traffic analysis summary email. • Planning-level roundabout concept exhibit. • Planning-level opinion of cost summary. Moses Lake Council Packet 6-28-22, Page 53 of 78 Consultant Fee Determination Summary 2707 Colby Avenue, Suite 900, Everett, WA 98201 | P 425.252.7700 Project: Yonezawa Boulevard Extension ICE, Amendment No. 2 Client: City of Moses Lake Hourly Costs Classification Hours Rate Amount Sr. Associate 4 $225.00 $900 Sr. Engineer / Mgr 10 $210.00 $2,100 Lead Engineer / Mgr 8 $180.00 $1,440 Lead Engineer / Mgr 16 $180.00 $2,880 Civil Designer II 8 $135.00 $1,080 Technician III 4 $115.00 $460 Accountant 2 $105.00 $210 Clerical 1 $95.00 $95 Total Hourly Costs 53 $9,165.00 Reimbursables Expenses Amount $ Total Expenses 0 In-House Costs Qty Rate Amount $ $ Total In-House Costs 0 Subconsultants Subconsultants Cost Markup Amount $ $ Total Subconsultant Costs 0 0 Other Management Reserve $0 Total Other Costs $ 0.00 Contract Total $9,165.00 Prepared By: Brent M Powell Date: June 16, 2022 Moses Lake Council Packet 6-28-22, Page 54 of 78 Perteet’s Hourly Rates are subject to change each year on January 1st. Schedule of 2022 Billing Rates Engineering, Planning and Environmental Classifications 2022 Hourly Rate Principal 265.00 Senior Associate 225.00 Senior Engineer/Manager 210.00 Lead Engineer/Manager 180.00 Engineer III 145.00 Civil Designer II 135.00 Civil Designer I 115.00 Senior Planner/Manager/Cultural Resources Manager 180.00 Lead Planner/Manager 145.00 Cultural Resources Specialist III 125.00 Cultural Resources Specialist II 120.00 Cultural Resources Specialist I 90.00 Planner III 135.00 Planner II 125.00 Planner I 85.00 Senior Environmental Scientist/Manager 175.00 Lead Environmental Scientist/Manager 160.00 Environmental Scientist III 130.00 Environmental Scientist II 110.00 Environmental Scientist I 90.00 Lead Technician/Designer 135.00 Technician III 115.00 Technician II 90.00 Technician I 80.00 Contract Administrator 110.00 Accountant 105.00 Graphics Specialist 100.00 Clerical 95.00 Emergency Response Rate (immediate response following event) @ 1.5 times hourly rates Expert Witness Rates: Consulting & Preparation Time @ standard hourly rates Court Proceedings & Depositions (4 hour minimum) @ 1.5 times hourly rates Moses Lake Council Packet 6-28-22, Page 55 of 78 Perteet’s Hourly Rates are subject to change each year on January 1st. Schedule of 2022 Billing Rates Page 2 Direct Expenses Rate Living & travel expenses outside of service area Cost plus 10 percent Authorized Subconsultants Cost plus 10 percent Outside Services (printing, traffic counts, etc.) Cost plus 10 percent CADD Station Project Controls / Primavera $10.00 per hour $10.00 per hour GIS / Traffic Modeling $15.00 per hour Color Copies $.80 each Mileage @ current federal rate Construction Classifications 2022 Hourly Rate Construction Supervisor 230.00 Construction Engineering Manager 200.00 Senior Construction Manager 160.00 Construction Manager 130.00 Assistant Construction Manager 130.00 Construction Engineer III 145.00 Construction Specialist II 125.00 Construction Specialist I 115.00 Senior Electrical Construction Observer 185.00 Senior Construction Observer 160.00 Construction Observer III 135.00 Construction Observer II 95.00 Construction Observer I 85.00 Senior Office Engineer 145.00 Senior Construction Technician 130.00 Construction Technician III 120.00 Construction Technician II 100.00 Construction Technician I 90.00 Moses Lake Council Packet 6-28-22, Page 56 of 78 Council Staff Report To: From For Agenda of: Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Allison Williams, City Manager Madeline Prentice 6/28/2022 Agenda Item Number: 4 Department Finance Proceeding Type New Business Water Leak Adjustment Code and Policy City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Action Requested: Consider two motions: one to amend MLMC 13.12 and one to adopt the Water Leak Adjustment Policy and Credit Form as presented. 18.13KB 281.81KB 19.84KB Packet Attachments (if any) Exhibit A - Utility Leak Adjustment Policy.docx Exhibit B - Water Leak Adjustment Policy & Form.docx Ord. Ordinance MLMC 13.12.110 Adjustment of utility bills.docx Resolution Water Leak Adjustment Policy.docx Overview 19.72KB The City adopted a new tiered water rate structure effective January 1, 2022, to encourage water conservation by city customers. If a water leak occurs at a customer's location and is undetected for a period of time, the water consumption can quickly reach the third and most expensive tier of the rate structure resulting in a higher- than-normal water bill to the customer. Staff recommends MLMC 13.12 be amended to add section 13.12.110 - Adjustment of utility bills, with language as described in Exhibit A. Additionally, staff is recommending implementation of a water leak adjustment policy and credit form for customers who experience water leaks as described in Exhibit B. As a result of the adopted tiered water rate structure, staff has identified utility customers who may be eligible for a water leak adjustment. Therefore, staff requests the adjustment policy be retroactive to January 1, 2022, provided the customers meet the provisions of MLMC 13.12.110 and the water leak adjustment policy. Fiscal and Policy Implications MLMC 13.12 is amended to add section 13.12.110 - Adjustment of utility bills. Water Bill Leak Adjustment Policy and Water Leak Adjustment Credit Form is created and implemented for city water customers. Moses Lake Council Packet 6-28-22, Page 57 of 78 Options and Results Approve, Authorize, or Adopt: City Council adopts ordinance and resolution. Provide Amended Direction: Staff will bring back options for recommended changes. No Action Taken: Customers experiencing water leaks are required to pay higher water/sewer bills. Moses Lake Council Packet 6-28-22, Page 58 of 78 EXHIBIT A Utility Leak Adjustment Policy (adopted pursuant to MLMC 13.12.110) 1.0 PURPOSE: To provide a procedure for approval, calculation, and adjustment of water and sewer charges where excessive water consumption can be attributed to an unknown water leak. 2.0 OPERATIONS AFFECTED: Water and Sewer utilities. 3.0 REFERENCES: MLMC 13.12.110 4.0 POLICY: (a) The property owner, or their agent, must request the adjustment in writing by completing the Water & Sewer Leak Adjustment Credit Request Form. Required information shall include: 1. Name, service address where leak occurred and account number 2. Description of leak and date repaired 3. Copy of repair bill or materials receipts 4. Signature of customer (b) Upon receipt of the completed written request, a representative of the Utility Billing Department will confirm, through visual inspection, that the leak has been repaired. (c) Following confirmation of repair, the Finance Director or designee will adjust no more than 50% of the total water charge in the billing period(s) the leak is detected up to a maximum of $500.00. Where the customer’s sewer bill is based upon water consumption, an adjustment will be allowed to the water and sewer charge provided it can be confirmed to the satisfaction of the Finance Director or designee that the additional water volume was due to the leak and did not enter the sanitary sewer system. (d) Only one leak adjustment per five-year period per account will be authorized. (e) The customer’s leak must be deemed undetectable by the City; no adjustments will be granted for the following: i. internal plumbing leaks which are considered a household maintenance responsibility. ii. leaks caused by customer or customer’s neglect or failure to timely repair a leak iii. leaks in irrigation systems, pools, ponds, water features, hoses left Moses Lake Council Packet 6-28-22, Page 59 of 78 running, leaking faucets and other plumbing fixtures, toilet tanks, or other visible or readily ascertainable leaks. iv. accounts with past due amounts (f) The customer must take action to repair the leak within fourteen (14) days of when the leak is discovered and provide proof to the City that the leak has been repaired. (g) Adjustments below $25.00 will not be processed by the city. (h) For the purpose of calculating leak adjustment credits, water usage over 3,000 cubic feet will be adjusted to the lower rate to provide the highest credit possible. (i) The water consumption portion of the utility bill in the month the leak is detected shall be adjusted to the amount that is one-half of the difference between the previous year’s three-month average consumption and the existing disputed bill’s consumption. The three-month average shall be calculated by taking the average of the previous year’s consumption for the month the leak was detected, the month before and the month after. (j) For customers who have been owners for less than one year, the adjustment will be by one of the following methods: i. The water consumption portion of the utility bill in the month the leak is detected shall be adjusted to an amount that is one-half of the difference between the previous three-month average consumption immediately preceding the disputed bill and the existing disputed bill’s consumption. ii. Or in the absence of three complete prior billing cycles, water consumption after the leak repair is complete can be used to estimate consumption during the leak period. (k) Pursuant to MLMC Chapters 13.07 and 1.20, the city reserves the right to discontinue water service to any premises where the owner fails or refuses to make necessary repairs to fix a leak. If, after reasonable efforts to contact the owner about observable water being lost through leakage, the city at its option may shut off water service and shall leave a written notice as to its action and the reason therefor. (l) The City will set up an incremental payment schedule on any remaining balance attributable to the leak at the customer’s request. The balance will be subject to a reasonable rate of interest and must be paid in full within six (6) months of incurring the charges. Late charges on the leak amount will be waived if the customer adheres to the prearranged payment schedule. For balances in excess of $5,000.00, the Finance Director may permit a longer payment schedule not to exceed 24 months. Moses Lake Council Packet 6-28-22, Page 60 of 78 EXHIBIT B Moses Lake Council Packet 6-28-22, Page 61 of 78 EXHIBIT B Moses Lake Council Packet 6-28-22, Page 62 of 78 ORDINANCE 3006 AN ORDINANCE AMENDING THE MOSES LAKE MUNICIPAL CODE SECTION 13.12.110 TITLED “ADJUSTMENT OF UTILITY BILLS” Recitals: 1. The City Council of the City of Moses Lake adopted a tiered water rate structure to encourage water conservation effective on January 1, 2022. 2. The need for water conservation is critical. 3. The tiered rate structure as adopted did not anticipate undetected water leaks. 4. The City does not provide customers with a process to request an adjustment to their utility bill if they experience an undetected water leak and promptly repair the leak upon discovery. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Moses Lake Municipal Code Section 13.12.110 titled “Adjustment of utility bills” is added as follows: 13.12.110 Adjustment of Utility Bills. A. The Finance Director or designee is empowered to resolve utility billing disputes upon receipt of a request to do so from a city utility customer. Utility bill adjustment requests are required to be submitted in writing to the City’s Utility Billing department for review by the Finance Director or designee. Upon receipt of such notice from the customer, the Finance Director or designee shall review the bill with the customer to determine if the amount is justly owed. The customer shall have the right to a meeting to bring forth reasons and evidence why such bill or portion of said bill should not be due and owing. B. The maintenance and repair of the water service pipe on the customer side of the water meter setter is the responsibility of the owner of the premises being served. The maintenance and repair of the sanitary sewer service pipe from the connection to the city’s sewer main to the premises is the responsibility of the owner of the premises being served. The owner shall keep said water and sewer service pipes in good working order. C. In the case of a leak in the water service pipe, the owner may be entitled to an adjustment of their water/sewer utility bill upon written request by the customer. Any adjustment shall be made subject to the City’s Utility Leak Adjustment Policy as adopted by Resolution of the City Council. Moses Lake Council Packet 6-28-22, Page 63 of 78 Section 2. 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 3. 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 June 28, 2022. _____________________________________ Dean Hankins, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Hankins Vote: Date Published: July 5, 2022 Date Effective: July 10, 2022 Moses Lake Council Packet 6-28-22, Page 64 of 78 RESOLUTION 3903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY MOSES LAKE, WASHINGTON, ESTABLISHING A WATER LEAK ADJUSTMENT POLICY Recitals: 1. The City Council adopted a new tiered water rate structure to encourage water conservation effective on January 1, 2022. 2. The tiered rate structure as adopted did not anticipate undetected water leaks which can quickly cause water consumption to reach the highest (over 3,000 cubic feet) and most expensive ($2.65/100 cubic feet) tier of the rate structure. 3. The intent of the water leak adjustment policy is to give customers a procedure to request an adjustment of their water utility bill should they experience an undetected water leak. Resolved: 1. The City of Moses Lake’s policy and procedures for approval, calculation and adjustment of water and sewer charges where excessive water consumption can be attributed to an unknown water leak is attached hereto as Exhibit A and adopted by this reference as if set forth in full and are hereby adopted for use by the City of Moses Lake in accordance with the authority provided by MLMC 13.12.110. The City Council further approves the attached Water Leak Adjustment Credit Form (Exhibit B) for use in implementing the policy. 2. These policies replace any conflicting policies 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 28th day of June, 2022. Dean Hankins, Mayor ATTEST: Debbie Burke, City Clerk Moses Lake Council Packet 6-28-22, Page 65 of 78 Council Staff Report To: From For Agenda of: Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Allison Williams, City Manager Kevin Fuhr 6/28/2022 Agenda Item Number: 5 Department Police Proceeding Type New Business Axon Body Camera Purchase City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 48,245.28$0.00$48,245.28$ Approve expenditure. Moses Lake PD -WA AB3 Hardware.pdf 92.12KB During the 2021 Legislature Session, the legislature allocated funding to law enforcement agencies to purchase body worn cameras in order to meet a new requirement of audio recording all suspect interviews. The Moses Lake Police Department was awarded $100,035.00 in funding to purchase body worn cameras. The department purchased Axon body worn cameras in 2016, and in the last six years, our cameras are significantly out of date and are beginning to have performance issues. We are requesting to spend just under $50,000.00 to purchase new Axon body worn cameras. If the purchase is made prior to June 30, we will receive a $2,500.00 reduction in the cost. Attached is the quote from Axon. No financial implications to the general fund. The funding has been allocated through the state legislature. Options and Results We can order the cameras. Staff will bring back options for recommended changes. We keep the current cameras and do not spend the allocated funds. Moses Lake Council Packet 6-28-22, Page 66 of 78 Moses Lake Council Packet 6-28-22, Page 67 of 78 Page 1 Q-400266-44720.758KH Q-400266-44720.758KH Issued: 06/08/2022 Quote Expiration: 06/15/2022 Estimated Contract Start Date: 07/01/2022 Account Number: 109209 Payment Terms: N30 Delivery Method: Fedex - Ground SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT 411 S Balsam St Moses Lake Police Dept. - WA Kyle Hunt Mike Williams 411 S Balsam St 411 S Balsam St Phone: Phone: (509) 764-3900 Moses Lake, WA 98837-3946 Moses Lake, WA 98837-3946 Email: huntk@axon.com Email: mwilliams@cityofml.com USA USA Fax: (480) 930-4484 Fax: Email: Quote Summary Discount Summary Program Length 12 Months Average Savings Per Year $0.00 TOTAL COST $46,813.00 ESTIMATED TOTAL W/ TAX $50,745.28 TOTAL SAVINGS $0.00 Payment Summary Date Subtotal Tax Total Jun 2022 $46,813.00 $3,932.28 $50,745.28 Total $46,813.00 $3,932.28 $50,745.28 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Moses Lake Council Packet 6-28-22, Page 68 of 78 Page 2 Q-400266-44720.758KH Quote Unbundled Price:$46,813.00 Quote List Price:$46,813.00 Quote Subtotal:$46,813.00 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Hardware AB3C AB3 Camera Bundle 52 $699.00 $699.00 $36,348.00 $3,053.23 $39,401.23 AB3MBD AB3 Multi Bay Dock Bundle 7 $1,495.00 $1,495.00 $10,465.00 $879.05 $11,344.05 Total $46,813.00 $3,932.28 $50,745.28 Moses Lake Council Packet 6-28-22, Page 69 of 78 Page 3 Q-400266-44720.758KH Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date AB3 Camera Bundle 11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK 58 06/15/2022 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 58 06/15/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 52 06/15/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 1 06/15/2022 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 7 06/15/2022 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 7 06/15/2022 Moses Lake Council Packet 6-28-22, Page 70 of 78 Page 4 Q-400266-44720.758KH Payment Details Jun 2022 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 AB3C AB3 Camera Bundle 52 $36,348.00 $3,053.23 $39,401.23 Year 1 AB3MBD AB3 Multi Bay Dock Bundle 7 $10,465.00 $879.05 $11,344.05 Total $46,813.00 $3,932.28 $50,745.28 Moses Lake Council Packet 6-28-22, Page 71 of 78 Page 5 Q-400266-44720.758KH Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Moses Lake Council Packet 6-28-22, Page 72 of 78 Page 6 Q-400266-44720.758KH \s1\\d1\ Signature Date Signed 6/8/2022 Moses Lake Council Packet 6-28-22, Page 73 of 78 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Allison Williams, City Manager 6 Kevin Fuhr Police 6/28/2022 New Business Automatic License Plate Reader Program City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 75,000.00$0.00$75,000.00$ Approve expenditure Moses Lake PD - WATPA Grant Letter.pdf 124.92KB Moses Lake Quote-Flock.pdf 130.06KB The MLPD has been working on an Automatic License Plate Reader (ALPR) program for the past year, with the goal of putting multiple ALPR cameras throughout the city. The cameras would be used for criminal investigations involving stolen vehicles, wanted persons, vandalism incidents, and various other criminal activities. The vendor that we would like to purchase the cameras from is called Flock Safety. Other cities within our region are either using or are scheduled to have Flock ALPR cameras installed this summer. Yakima PD installed 22 ALPR cameras earlier this year and within 30 days were able to recover 68 stolen vehicles, arrest six violent felons, find three missing persons and recover several firearms. Their police chief described the ALPR cameras as "the best technology since DNA." Several agencies in the Tri-cities are looking at Flock cameras, as is Wenatchee PD and Spokane PD. The Spokane County Sheriff's Office is currently having a large number of cameras installed within their county. The reason that I bring up this information is that we have proven through firearm data that our criminals are using the same firearms between Yakima, the Tri-cities, Spokane, and Moses Lake. Sharing ALPR data between the agencies will give us a better shot at making arrests on violent offenses. Last week we submitted a grant through the Washington Association of Sheriff's and Police Chiefs and the Washington Auto Theft Prevention Authority for $50,000 to purchase 20 ALPR cameras and two Starchase GPS systems. I was notified today that we received our requested amount of $50,000. We would also like to use $25,000 of our "High Crimes" budget to purchase the Starchase systems. I have attached a copy of the ALPR quote and the grant letter. Two Starchase systems will cost just over $13,000. Moses Lake Council Packet 6-28-22, Page 74 of 78 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The MLPD will pay for the equipment at a cost of approximately $75,000 out of our "High Crimes" fund and will then be reimbursed by the WATPA $50,000 per the grant. Options and Results Purchase the equipment. Staff will bring back options for recommended changes. Not purchase the equipment. Moses Lake Council Packet 6-28-22, Page 75 of 78 WWAASSHHIINNGGTTOONN AAUUTTOO TTHHEEFFTT PPRREEVVEENNTTIIOONN AAUUTTHHOORRIITTYY WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS 3060 Willamette Drive NE, Suite 101 ~ Lacey, WA 98516 ~ Phone: (360) 292-7900 ~ Fax: (360) 292-7269 Website: www.WaAutoTheftPreventionAuthority.org “preventing and reducing motor vehicle thefts in the State of Washington.” Washington Auto Theft Prevention Authority JOHN BATISTE JAMES SKOGMAN JOHN GESE CHRIS GUERRERO RICK SCOTT Chief – WA State Patrol Insurance Industry Sheriff-Kitsap County Chief—Kennewick PD Sheriff-Grays Harbor County JOHN MARTIN STEVE STRACHAN MIKE PAINTER PETE FISHER VACANT General Public Executive Director - WASPC Executive Director - WATPA Chief – Fife PD Automobile Industry June 22, 2021 Moses Lake Police Department 411 S Balsam Moses Lake WA 98837 Dear Chief Fuhr: I am pleased to inform you that Washington Auto Theft Prevention Authority (WATPA) Board of Directors has partially approved the Moses Lake Police Department grant application for funding ofFlock Safety Camera System. The award is in the amount of $50,000.00. The Moses Lake Police department was one of few agencies that are being awarded grant funds for pilot testing of new or emerging technology. It is the responsibility of the grant recipient to explore and confirm all potential legal ramifications when employing WATPA funded equipment with your local legal advisor. The grant award is effective July 1, 2022 and expires on June 30, 2023. This award is a one-time event and does not imply or promise availability of funds for replacement or continuation of funding after June 30, 2023. Enclosed is an award agreement. This agreement is to be signed and returned to WATPA. No funds will be reimbursed until the signed agreement is received. Expenditures prior to the award effective date or after the grant expiration date are not authorized and will not be reimbursed. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft Prevention Authority. Costs will be paid on a reimbursement basis. Your agency will be reimbursed for actual expenses only up to the limit of the award categories. All grantees must sign the attached non-supplanting agreement before reimbursement can begin. Also, please note that reimbursement requests by grant recipients will only be processed upon receipt of current semi-annual reports by the WATPA office. As a pilot testing agency these reports will be due by October 1, 2022, December 15, 2022 and June 15, 2023. The semi-annual report form is available on the WATPA website, www.WaAutoTheftPreventionAuthority.org If you have any questions, please contact me at 360-292-7959 or via e-mail at mpainter@waspc.org. Sincerely, Michael Painter, Executive Director Washington Auto Theft Prevention Authority Moses Lake Council Packet 6-28-22, Page 76 of 78 AGREEMENT BETWEEN MOSES LAKE POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY AUTO THEFT PREVENTION GRANT PROGRAM AWARD AGREEMENT Award Recipient Name and Address: Moses Lake Police Department 411 S Balsam Moses Lake WA 98837 Contact: Kevin Fuhr Title: Chief Award Period: 07/01/22 - 06/30/23 Amount Approved $50,000 Funding Authority: WASHINGTON AUTO THEFT PREVENTION AUTHORITY Requests for reimbursement under this agreement are subject to the following Budget: A. Programs B. Equipment $50,000.00 C. Public Outreach D. Personnel Total:$50,000 IN WITNESS WHEREOF, the WATPA and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of the date and year last written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and other documents incorporated herein by reference: Agreement Specific Terms and Conditions, and Agreement General Terms and Conditions. WATPA RECIPIENT Name/ Title: Michael Painter, WATPA, Executive Director Name/ Title: Date: 6/22/2022 Date: Moses Lake Council Packet 6-28-22, Page 77 of 78 $50,000.00Recurring Total $57,000.00Total Price  WA - Moses Lake PDBill To Name (509) 989-4709Phone Kevin FuhrContact Name mack.larkin@flocksafety.comEmail 3603912071Phone Mack LarkinPrepared By 7/31/2022Expiration Date 00002447Quote Number 6/9/2022Created Date Product Description List Price Sales Price Quantity Total Price Falcon Camera Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users. $2,500.00 $2,500.00 20.00 $50,000.00 Professional Services - Falcon, Standard Implementation One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Standard Implementation Service Brief. $350.00 $350.00 20.00 $7,000.00 Moses Lake Council Packet 6-28-22, Page 78 of 78