FINAL 2022 0712 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, July 12, 2022
Moses Lake Civic Center – 401 S. Balsam or remote access*
5:30 p.m. – Mobile Recreation Van Tour – Parks, Rec. and Cultural Svcs. Parking Lot
Study Session
6:00 p.m. – GCSO Emergency Management – Kyle Foreman, Emergency Mgmt Specialist
Regular Meeting Agenda
Call to Order – 6:30 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Citizen’s Communications**
Summary Reports:
Mayor’s Report
Additional Business
City Manager’s Report
-Employee Promotion/New Hires
-GC Board of Health Membership pg 3
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
#1 pg 6
a.City Council Meeting Minutes Dated June 28, 2022
b.Claims and Payroll
c.Wastewater Comp Plan Contract Amendment 1
d.2022 Seal Coat Project Award
Moses Lake Council Packet 7-12-22, Page 1 of 67
July 12, 2022, City Council Meeting Page 2 _________________
Consent Agenda.
e.Build on Unplatted – Skaug at Lakeshore Drive – Resolution 3904
f.SCJ Alliance Zoning Code Contract Amendment 2
g.MACC Hold Harmless and Mutual Indemnity Agreements
h.Halls-Vista-Central Towing Termination
Old Business – None Scheduled
New Business
#2
#3
Motion
#4
Motion
pg 53
Hansen Rd and Westshore Dr Reimburse Ordinances – First Presentation
Presented by Richard Law, City Engineer
Summary: Council to review and discuss
pg 62
Police Department Imprest Account Resolution 3905
Presented by Madeline Prentice, Finance Director
Summary: Council to review and consider adoption
pg 65
Airport Commission Imprest Account Resolution 3906
Presented by Madeline Prentice, Finance Director
Summary: Council to review and consider approval
Administrative Reports
-Annual Police Report
-Chamber of Commerce Candidate Forum
Council Committee Reports
Executive Session
- Litigation pursuant to RCW 42.30.110(1)(i)
Adjournment
Next Regular Council Meeting is scheduled for July 26, 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/81573286494
Or iPhone one-tap: US: +12532158782,,81573286494# or +13462487799,,81573286494# Or Telephone:
Dial(for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346
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Webinar ID: 81573286494. 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 7-12-22, Page 2 of 67
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MOSES LAKE CITY COUNCIL June 28, 2022
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Deputy Mayor Myers with audio remote access. Special notice for remote attendance and citizen
comment were posted on the meeting agenda.
ROLL CALL
Present: Deputy Mayor Myers; Council Members Fancher, Eck, Swartz, Martinez and Madewell. Absent: Mayor Hankins.
Action taken: Council Member Eck moved to excuse Mayor Hankins, second by Council Member Swartz. The motion carried 6 – 0. PLEDGE OF ALLEGIANCE
Deputy Mayor Myers led the Flag Salute.
AGENDA APPROVAL
Staff requested to move Consent Agenda (c) RDO Water Main and Bond Acceptance Resolution 3004 to the next meeting.
Action taken: Council Member Martinez moved to approve the Agenda as amended, second by Council Member Fancher. The motion carried 6 – 0.
PRESENTATION
Advisory Council on Housing
Community Development Director Kirsten Sackett reported on the first four meetings addressing the housing crisis for residents of all income levels. They will continue to meet to provide recommendations to Council for realistic solutions to increase housing availability and affordability, with a focus on development regulations that provide cohesive infill.
CITIZEN’S COMMUNICATION
Knolls Vista Speed Ann Paasch, Moses Lake, discussed the speeding issue in the Knolls Vista area and requested that staff look into speed controls for that area.
SUMMARY REPORTS MAYOR’S REPORT
Parks and Recreation Month Proclamation Deputy Mayor Myers read the proclamation declaring July as Parks and Recreation
month. Parks, Recreation and Cultural Services Director Susan Schwiesow accepted the proclamation.
CITY MANAGER’S REPORT
Moses Lake Council Packet 7-12-22, Page 6 of 67
CITY COUNCIL MINUTES – June 28, 2022
pg. 2
Food Truck Plaza Update Still moving forward, but there has been supply chain issues with the shade structure. Staff is working on final design, anticipates going to bid in three weeks, and having the
project completed by late summer/early fall.
Fireworks Restrictions Staff discussed firework regulations that are posted on the City’s website. The area for the Freedom Fest fireworks show has been cut and pre-burned.
School District ILA for Nelson Road Pedestrian Path 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 School Board has agreed to cost share the project, currently estimated at $85,000.
Action taken: Council Member Eck moved to approve the School District ILA as presented, second by Council Member Madewell. The motion carried 6 – 0.
CONSENT AGENDA
#1 a. City Council meeting minutes dated June 14, 2022 b. Claim ACH 175 in the amount of $175,715.64; Claim Checks 156599 – 156780 in the amount of $1,793,421.02. There was no payroll for this period. c. (moved to next meeting) d. Knolls Vista Easement for CAD Homes Resolution 3902
Action taken: Council Member Swartz moved to approve the Consent Agenda as amended, second by Council Member Eck. The motion carried 5 – 0. Council Member Fancher recused himself from the vote.
OLD BUSINESS #2 2022 Budget Amendment Ordinance 3005 A budget amendment is needed to formally approve appropriations that have been addressed earlier this year by Council as well as several incomplete capital projects that
were not carried forward from 2021.
Action taken: Council Member Martinez moved to adopt Ordinance 3005 as presented, second by Council Member Eck. The motion carried 6 – 0.
#3 Perteet Contract Amendment 5
The amendment authorizes Perteet to complete the Intersection Control Evaluation report for review and approval by Washington State Department of Transportation (WSDOT) in order to move forward with the Yonezawa Boulevard extension and roundabout. The City will be eligible for Federal Funding , and is working to re-establish Contract
Authority status with WSDOT which allows for City Administration of federal funds.
Action taken: Council Member Fancher moved to authorize Perteet Contract Amendment 5 as
Moses Lake Council Packet 7-12-22, Page 7 of 67
CITY COUNCIL MINUTES – June 28, 2022
pg. 3
presented, second by Council Member Swartz. The motion carried 6 – 0. NEW BUSINESS
#4 Utility Billing Water Leak Policy Resolution 3903 and Ordinance 3006 A new tiered rate structure was implemented in January. The amended code and new policy will provide authority for staff to adjust accounts when a water leak has been reported. Staff is working on a policy and fees to address leaks on private property.
Action taken: Council Member Swartz moved to adopt Resolution 3903 as presented, second by
Council Member Fancher. The motion carried 6 – 0. Action taken: Council Member Swartz moved to adopt Ordinance 3006 as presented, second by Council Member Eck. The motion carried 6 – 0.
#5 Axon Body Cam Purchase
The Police Department received $100,035 for the purchase of body worn cameras from the State Legislature in 2021. The current purchase request is for $50,000 to replace the 2016 equipment that is having performance issues.
Action taken: Council Member Martinez moved to approve the purchase of the Axon Body
Cams as presented, second by Council Member Madewell. The motion carried 6 – 0. #6 License Plate Reader Program The Police Department received a $50,000 grant from the Washington Auto Theft Prevention Authority as a pilot project for a new license reader technology. The
automated license plate readers will be a great addition to the City for crime prevention. There will also be a purchase of two additional Star Chase GPS for tracking suspect vehicles.
Action taken: Council Member Swartz moved to authorize the purchase of the Automated License Plate Readers as presented, second by Council Member Eck. The motion carried 6– 0.
ADMINISTRATIVE REPORTS
National Public Radio StoryCorps Series StoryCorps will be on site for the month of July in the auditorium. There will be a kickoff event June 30 from 4:30-6:30 p.m. This is also the 100 yrs of National Public Radio so
the Department of Commerce is going to be there as well. AGCCT The Association of Grant County Cities & Towns (AGCCT) meeting will be held
Thursday, June 30, at 6:00 in Ephrata.
COUNCIL COMMUNICATIONS AND REPORTS
Council Member Fancher attended the Grant County Economic Development Committee (EDC) meeting June 15, Community Development/Municipal Services/Parks (CMP) Committee
meeting on June 24, and toured the Larson Recreation Center construction site today.
Moses Lake Council Packet 7-12-22, Page 8 of 67
CITY COUNCIL MINUTES – June 28, 2022
pg. 4
Council Member Martinez also attended the tour of the Larson Recreation Center, discussed kids being involved in water conservation efforts, promoted the Freedom Fest event and local
volunteers, and inquired about Lodging Tax Advisory Committee (LTAC) funding for fireworks. City Manager Allison Williams advised that ARPA funding through repayment to the LTAC funds for their 2020 loss, was allocated for fireworks show this year and was from the General Fund the year prior.
Council Member Eck reported that the airshow preliminary numbers were up about 20% from last year with 7,029 attendees. He stated that every hotel in the City was sold out and approximately 80% of the attendees reported to be from out of town. Deputy Mayor Myers shared that Grant Transit Authority services with battery-operated busses
have been postponed to mid-September and they anticipate Governor Inslee to be present for the ribbon cutting. ADJOURNMENT
The regular meeting was adjourned at 7:23 p.m.
______________________________________ Dean Hankins, Mayor
ATTEST____________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 7-12-22, Page 9 of 67
To: Allison Williams, City Manager
From: Madeline Prentice, Finance Director
Council Meeting Date: July 12, 2022
Proceeding Type: Consent Agenda
Subject: Disbursement Report since June 28, 2022, Council Meeting
The following amounts were budgeted and sufficient funds were available to cover these payments:
Electronic Transfer $ 164,082.92 Checks $ 1,095,727.01 Payroll Checks $ 20,060.89 Electronic Payments
176 156781 – 156954 64416 - 64480 Direct Deposit 6/24/22 $ 521,898.30
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.
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Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
1
Municipal Services
Consent Agenda
To:
Allison Williams, City Manager
From
Richard Law, PE, City Engineer
For Agenda of:
7/12/2022
Subject
Wastewater Comprehensive Plan Amendment Number 1
Reviewed and Approved by:
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
136,000.00$105,300.00$30,700.00$
Staff recommends City Council to motion to Approve the Contract Amendment Number 1.
Wastewater Comp Plan Amendment No. 1.pdf 363.34KB
Expected industrial growth in the Wheeler corridor will require additional wastewater treatment capacity over the
next 20 years. Piping industrial wastewater to the Dunes Treatment Plant is an unlikely option. High volumes of
industrial wastewater would be detrimental to the treatment processes used at the Dunes Treatment Plant.
There is also cost associated with the infrastructure needed to pipe the industrial wastewater to a distant
treatment facility. For these reasons, staff would like the wastewater comprehensive plan consultant to study
and recommend several wastewater treatment facility options that could be located in the Wheeler Corridor.
Also along these lines, the consultant highly recommended completing a stakeholder meeting with local industry
representatives. This meeting will provide the City with specific information about expected future commercial
and industrial wastewater capacity requirements.
The original and already agreed upon contract for the Wastewater Comprehensive Plan is $105,300. The
stakeholder meeting added cost is $3,300. The added cost for the Industrial WWTP Evaluation is $27,400. The
final total contract price would be $136,000.
Options and Results
City Staff will execute the Contract Amendment Number 1.
Staff will bring back options for recommended changes.
Moses Lake Council Packet 7-12-22, Page 16 of 67
No Action Taken:
Staff will wait for further instructions.
Moses Lake Council Packet 7-12-22, Page 17 of 67
222036 AMENDMENT v2018.05.12 Page 1 of 4
AMENDMENT TO OWNER-CONSULTANT AGREEMENT
Amendment No. 1
Background Data:
Effective Date of Owner-Consultant Agreement: February 11, 2022
Effective Date of this Amendment:
Owner: City of Moses Lake
Consultant: Keller Associates, Inc.
Project: Comprehensive Wastewater System Plan
KA # 222036
Nature of Amendment:
The Owner has garnered interest from various industries located east of Moses Lake, in an area referred to as the
Wheeler area, that may want to connect to the City’s wastewater collection and treatment system. The Owner is
interested in evaluating the possibility of planning for a new industrial area wastewater treatment plant. This
planning area includes the area outlined in blue in the image below and may expand into the red shaded area.
Description of Modifications:
ADD the following scope of services to Consultant’s work:
INDUSTRIAL WWTP EVALUATION
Consultant Responsibilities
WWTP Regulatory Requirements. Review and summarize future regulatory requirements and planning criteria that
may influence operation and maintenance of a new wastewater treatment facility. This will include a review of
pretreatment requirements.
Moses Lake Council Packet 7-12-22, Page 18 of 67
222036 AMENDMENT v2018.05.12 Page 2 of 4
WWTP Design Flow Rates. Review available wastewater flow estimates for industries including existing facilities and
facilities planning for expansion that could contribute flow to a new industrial WWTP. Peak flows will be estimated
by Consultant using available data and typical peaking factors. Provide flow projection estimates based on growth
assumptions and input from Owner.
WWTP Design Loading Rates. Summarize industry standards and provided information, and work with Owner to
identify planning criteria to be used to projected future loadings.
WWTP Alternatives Analysis. Develop up to three treatment plant alternatives. Estimate planning level costs for
each alternative. Approximate location of facility will be based on input from Owner.
Impact on Existing Facilities. Summarize affect to wastewater flows currently collected from the Wheeler Area by
the Sand Dunes WWTP and which collection system CIP projects would be affected by a new industrial WWTP.
Draft Plan Section. Prepare draft section writeup. Respond to Owner comments.
Owner Responsibilities
• Provide list of existing industry and facilities within industrial area and anticipated sewer flow volume and
waste strength from each.
• Review and comment on draft documents.
Assumptions
• The service area for a possible new industrial WWTP facility is assumed to be bounded by Road L on the west,
Road O on the east, Wheeler Road on the south, and Road 4 on the north. See image provided above for
approximate planning boundary.
• Industries/businesses within this boundary currently include the following:
o D&L Foundry
o Central Washington Asphalt, Inc.
o Helena Agri-Enterprises
o International Paper
o Performix Nutrition Systems
o REC Silicon
o Americold Logistics
o National Frozen Foods Corporation
o Air Products & Chemicals
o Courtright Enterprises
o JR Simplot
• Owner has requested that one of the treatment plant alternatives include a rotating biological contractor (RBC).
Additionally, at least one alternative will include a treatment method that will allow storage of treated effluent for
possible reuse by industrial users.
• Effluent disposal options are anticipated to mirror the Sand Dunes and Larson WWTPs which both use rapid
infiltration. Alternative discharge and biosolids disposal will not be evaluated as a part of this effort unless added
by amendment.
• The planned location for the new industrial WWTP will be approximate and will be based on input from the Owner.
• SEPA forms for an Industrial WWTP will be completed as an additional service, if the City decides to move forward
with the design of the Industrial WWTP.
• Cost estimating will be AACE Class 5 (planning level cost estimates).
Deliverables
• Draft write-up summarizing industrial wastewater treatment alternatives. The final report to have Owner’s staff
comments incorporated.
Moses Lake Council Packet 7-12-22, Page 19 of 67
222036 AMENDMENT v2018.05.12 Page 3 of 4
Compensation Summary:
Task
Billing
Basis
Original
Agreement
This
Amendment Total
Task 1 – Project Management LS $7,500 $0 $7,500
Task 2 – Data Acquisition LS $5,500 $0 $5,500
Task 3 – Project Planning LS $12,800 $0 $12,800
Task 4 – Existing Facilities
Evaluation LS $12,600 $0 $12,600
Task 5 – Collection System
Alternatives Considered and
Selection
LS $23,100 $0 $23,100
Task 6 – Proposed Projects
(Recommended Alternatives) LS $34,200 $0 $34,200
Task 7 – Plan Documentation LS $12,900 $0 $12,900
Task 8 – Industrial WWTP
Evaluation LS $0 $27,400 $27,400
Total $108,600 $27,400 $136,000
Schedule:
Add 45 days to the project completion schedule.
Moses Lake Council Packet 7-12-22, Page 20 of 67
222036 AMENDMENT v2018.05.12 Page 4 of 4
All provisions of the Agreement not modified by this or previous amendments remain in effect. In witness thereof,
the parties hereto have executed or caused to be executed by their duly authorized officials this Amendment to
the Agreement on the respective dates indicated below.
OWNER: CITY OF MOSES LAKE CONSULTANT: KELLER ASSOCIATES, INC.
Signature: Signature:
Name: Richard Law Name: Stillman Norton
Title: City Engineer Title: Principal
Address: 733 5th Street, Suite A
Clarkston, WA 99403
Signature: Telephone: (509) 295-6095
Name: Allison Williams Date: 6/22/2022
Title: City Manager
Signature:
APPROVED AS TO FORM:
Name: Katherine L. Kenison
Title: City Attorney
Date:
Moses Lake Council Packet 7-12-22, Page 21 of 67
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
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
Allison Williams, City Manager 1
Richard Law, City Engineer Municipal Services
7/12/2022 Consent Agenda
Seal Coat Bid Summary
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
925,111.00$1,000,000.00$925,111.00$
Staff recommends accepting the bid for the Seal Coat Project 2022 from Tommer Construction in the
amount of $925,111
Seal Coat 2022 Bid Summary.pdf 90.84KB
STREETS INCLUDED IN 2022 SEAL COAT PRIOJECT.docx 12.63KB
Seal Coat Project-2022 Final Bid Documents.jpg 255.48KB
Staff opened bids for the Seal Coat 2020 Project on June 28. The City received two (2) bids for the
work. The low bid was $925,111.00 and the Engineer’s Estimate was $900,650.00.
The low bidder, Tommer Construction of Ephrata, WA has worked with the City of Moses Lake on past
paving and seal coat projects. They have performed well for the City.
This project consists of completing approximately 200,000 square yards of seal coat within the City of
Moses Lake including adjusting of utility lids, pavement markings, and traffic control.
The project will require budgeted funds to be spent.
Options and Results
Staff will move forward with executing a contract with the low bidder to complete the work.
Staff will bring back options for recommended changes.
X
Moses Lake Council Packet 7-12-22, Page 22 of 67
No Action Taken:
Staff will stop working on this project and wait for further direction from City Council.
Moses Lake Council Packet 7-12-22, Page 23 of 67
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STREETS INCLUDED IN 2022 SEAL COAT PRIOJECT
MELVA LN
INTERLAKE RD
DRIGGS DR
WINONA ST
YAKIMA AVE
LAKESIDE DR
CATALPA ST
LAKESHORE DR
WESLEY PL
WILLIAM AVE
PENINSULA DR
LYSTIL ST
POMMER ST
HERMIT RD
MICHAEL AVE
BURRESS AVE
LINNEA ST
BARBARA AVE
WILLOW ST
SYCAMORE LN
POPLAR ST
GLENMORE DR
BATTERY RD
LAKEPORT LN
WATERFORD LN
DRIFTWOOD LN
BAYSIDE ST
CRAWFORD LN
EVERETT PL
TRILLIUM WAY
BIRCH ST
CRABAPPLE CT
MARINER LN
HARBORVIEW ST
WAPATO DR
WANAPUM DR
LAKESHORE CT
Moses Lake Council Packet 7-12-22, Page 25 of 67
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Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
1
Community Development
Consent Agenda
To:
Allison Williams, City Manager
From
Kirsten Sackett, Director
For Agenda of:
6/28/2022
Subject
Build on Unplatted Property
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$0.00$
Approve the Resolution allowing Mr. Skaug to apply for a building permit to build on unplatted property on the
condition that the building permit be issued within six months and that reimbursements owed the City be paid
before occupancy.
Skaug request to build.pdf 131.56KB
RESOLUTION_ Build on unplatted Skaug.docx 15.52KB
The Community Development Department has received a request from Eric Skaug to build on
Assessor Parcel Number (AFN) 090376001 located at 3937 W. Lakeshore Dr. This parcel includes
property that was created in the 1913 Battery Orchard Tracts plat, and the Young Subdivision plat that
was created in 1940.
Moses Lake Municipal Code requires property to be platted before the issuance of a building permit.
Property that was platted without the provision of complete City services including stormwater curb,
sidewalk, and street improvements is deemed to be unplatted for the purposes of the issuance of any
development permit or building permit. Battery Orchard Tracts was platted without services, sewer and
water has since been provided to the lot. The City improved the street and sidewalks fronting this
property and per MLMC 12.40.112 reimbursements are due in the amount of $10,000.80.
The City will recover a reimbursement in the amount of $10,000.80 per MLMC 12.40.112.
Options and Results
Approve will allow Mr. Skaug to build a single-family residence.
Moses Lake Council Packet 7-12-22, Page 27 of 67
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
A building permit will not be issued until the property is platted.
Moses Lake Council Packet 7-12-22, Page 28 of 67
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7;A,r- yz
RECEIVED
#UNrtY DEVELOPMENT
JUN i 7 2022
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Moses Lake Council Packet 7-12-22, Page 29 of 67
RESOLUTION 3904
A RESOLUTION ALLOWING PROPERTY OWNER ERIC SKAUG TO BUILD ON UPLATTED PROPERTY
Recitals:
1. Moses Lake Municipal Code 16.02.040 allows for the issuance of a building permit to a proponent who wishes to build on unplatted property after a resolution has been duly passed by
the City Council. 2. Eric Skaug has requested City Council to allow him to build on unplatted property he owns and
described as follows:
TX# 14268 IN TRACT 59 BATTERY ORCHARD TRACTS AND IN LOT 7 YOUNG PLAT LS ROAD TGW PER BLA TAX# 14268 BEGINNING AT THE NORTHWEST CORNER OF LOT 6 OF YOUNG PLAT AS RECORDED IN VOLUME 3 OF PLATS, PAGE 26, RECORDS
OF GRANT COUNTY, WASHINGTON; THENCE SOUTH 05°54'44" WEST, ALONG THE
WEST LINE OF SAID LOT 6 AND ALSO ALONG A PORTION OF THE WEST LINE OF
LOT 7 OF SAID PLAT, 110.56 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 84°05'16" EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 6, 250.00 FEET TO THE WESTERLY LINE OF THE PLAT OF LLOYD'S FIRST ADDITION, AS RECORDED IN VOLUME 10, PAGE 57, RECORDS OF GRANT COUNTY, WASHINGTON;
THENCE SOUTH 05°54'44" WEST, ALONG SAID WESTERLY LINE OF SAID PLAT OF
LLOYD'S FIRST ADDITION, 94.39 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF
SAID PLAT OF LLOYD'S FIRST ADDITION; THENCE NORTH 81°00'56" WEST,
PARALLEL WITH AND 30.00 FEET NORTHERLY OF AT RIGHT ANGLES TO THE SOUTH
LINE OF TRACT 59 OF THE PLAT OF BATTERY ORCHARD TRACTS, AS RECORDED IN ACREAGE PLAT BOOK, PAGE 3, RECORDS OF GRANT COUNTY, WASHINGTON AND ALSO SHOWN ON SAID PLAT OF LLOYD'S FIRST ADDITION, 250.36 FEET TO THE
EASTERLY RIGHT-OF-WAY LINE OF LAKESHORE DRIVE AS SHOWN ON SAID PLATS
OF BATTERY ORCHARD TRACTS, YOUNG PLAT AND LLOYD'S FIRST ADDITION;
THENCE NORTH 05°54'44" EAST ALONG SAID RIGHT-OF-WAY LINE OF LAKESHORE
DRIVE, 80.97 FEET TO THE TRUE POINT OF BEGINNING.
Resolved:
1. Pursuant to MLMC 16.02.040, this authorization is personal as to Eric Skaug and is limited in scope for the construction of a single-family residence on the above described unplatted property provided that all permits and construction plans are submitted and approved by the appropriate city departments. This authorization shall automatically expire if Eric Skaug fails to obtain a building permit within six months from the date hereof.
2. This authorization is conditioned on the payment in full of all outstanding reimbursements for infrastructure improvements prior to issuance of a certificate of occupancy.
ADOPTED by the City Council on July 12, 2022.
_____________________________________ Dean Hankins, Mayor
ATTEST:
___________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 7-12-22, Page 30 of 67
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
Allison Williams, City Manager 1
Kirsten Sackett, Director Community Development
7/12/2022 Consent Agenda
Contract Amendment with SCJ Alliance for Development Code and Zoning Map Update
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
49,987.25$131,171.40$49,987.25$
Motion to authorize City Manager Allison Williams to execute the amendment to the Scope of Work with SCJ
Alliance for the update to the Development Code and Zoning Map as presented.
27.59KB
Packet Attachments (if any)
SCJ Scope of Work Code Amendment No.1_2022-0503.docx
Overview
On July 27, 2021, City Council authorized the execu on of a professional services agreement with SCJ Alliance
for the purpose of upda ng the Development Code and City zoning map. The intent of the work was to bring
the code into conformance with the goals and policies of the Comprehensive Plan which was adopted in
November 2021. The product is also an expected deliverable from the Housing Ac on Plan Implementa on
grant funded by the Department of Commerce.
Following the commencement of work with SCJ Alliance, it was determined that it would be appropriate to
increase the number of technical commi ee mee ngs and workshops, and to involve par cipa on and review
by other groups such as the Advisory Council on Housing. The scope of work has been amended to account for
the increased number of mee ngs, dra s, materials and a endance at mee ngs by the planning consultant
team as well as the legal consultants. Addi onal details are provided in the a ached Scope of Work narra ve.
In compliance with the City’s updated purchasing policies, the total contract with the amendment exceeds the
City Manager’s $100,000 delegated authority and requires review and approval by City Council.
Fiscal and Policy Implications
The original contract was authorized in the amount of $131,171.40. The amendment includes addi onal work
in the amount of $49,987.25, bringing the total contract amount to $181,158.65.
Moses Lake Council Packet 7-12-22, Page 31 of 67
Options and Results
Approve, Authorize, or Adopt:
Staff will proceed with the work that is already underway with SCJ Alliance.
Provide Amended Direction:
Staff will bring back options for recommended changes.
No Action Taken:
Work by the consultant would be discontinued prior to completion of the code amendment and zoning updates.
Moses Lake Council Packet 7-12-22, Page 32 of 67
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
Firm: Shea, Carr & Jewell, Inc (dba SCJ Alliance) (“SCJ”)
Address: 8730 Tallon Lane NE, Suite 200, Lacey, WA 98516
Telephone: 360.352.1465
Fax: 360.352.1509
and
Client: City of Moses Lake (“Client”)
Address: 321 S Balsam Street, PO Box 1579, Moses Lake, WA 98837-0244
Telephone: 509.764.3751
Fax: N/A
Email: awilliams@cityofml.com
The terms and provisions of the Agreement for Professional Services apply herein unless otherwise specifically
revised.
Date: May 3, 2022
Project Name: Development Code and Zoning Map Update
Project No.: SCJ #21-000254
Amendment Description:
Additional meetings, workshops, coordination meetings and outreach per discussion with City staff.______________
Reason for Amendment:
The city had unforeseen staffing changes during this project which has left a need for additional coordination meetings,
workshops, and in-person touches to keep the project on track, politically backed, and properly vetted by city staff and
appropriate departments. The City has also established additional committees that should be involved in the
development of the code, including the Ad Hoc Housing Committee. The scope of work has been amended in the
following pages and includes increased meetings, drafts, materials and presence by both the planning consultant team
as well as the legal consultants.
Contract Price Time of Completion
Original Contract: $ 131,171.40. Original Contract: August 3, 2021
Prior Amendments: $ Prior Amendment: N/A
This Amendment: $49,987.25 This Amendment: 2022
Total Contract: $181,158.65
Moses Lake Council Packet 7-12-22, Page 33 of 67
City of Moses Lake SCJ Alliance
X X
By: By:
Title: Title:
Date: Date:
Moses Lake Council Packet 7-12-22, Page 34 of 67
Scope of Work Amendment Narrative
1. Technical Committee Meetings (Amendment) – increased to monthly in person meetings to discuss
code iterations. Originally scoped for 4 meetings total. As of this contract there have been 5 Technical
Committee meetings.
a. Amend for an additional 8 meetings from the original contract. Total meetings will be 12
through the process.
b. SCJ Alliance planning and Legal Consultant, Piskel Yahne Kovarik, PLLC will be prepare materials
and facilitate discussion.
2. Planning Commission Workshop Series (Amendment) – increased to monthly meetings for the duration
of the project, originally scoped for 3 meetings. As of this amendment there have been 5 meetings
before Planning Commission, thus the need for this amendment. The city has requested additional
workshop series with the Planning Commission. Outstanding topics include: Design Standards; Critical
Areas; Mixed Use; Definitions and User Guide review to name a few.
a. Amend to account for the additional workshops already conducted and provide a total of 5
additional workshops from the previous scope of work to account for a total of 8 workshops
with Planning Commission. This adds 3 more Planning Commission meetings to the remainder of
the project.
b. SCJ Alliance planning and Legal Consultant, Piskel Yahne Kovarik, PLLC will be prepare materials
and facilitate discussion.
3. Committees Outreach Series (New to Scope of Work) City has created an Ad Hoc Housing Commission
in order to tackle implementation of the Housing Action Plan. This includes a series of meetings directly
related to code decisions and visual preferencing. SCJ will work with City staff to create content, surveys,
discussion points and help facilitate up to 3 meetings. In addition to the newly formed Ad Hoc Housing
Committee there are other associations, boards and commissions that have been identified for
outreach, discussion and input relating to code amendments. Each meeting includes working with City
staff on materials, attendance, notes, and integration of feedback into the code update.
a. Ad Hoc Housing Commission – up to 8 meetings (as identified by staff calendar and topics)
b. Moses Lake Downtown Association – 1 meeting (May 9, 2022)
c. Moses Lake Parks Board – 1 meeting (May 12, 2022)
d. Chamber Response Team Meeting – up to 2 meetings
4. City Council Workshop Series (New to Scope of Work). City input has decided to separate the planning
commission workshops and city council workshop on the Code topics. The Planning Commission will vet
policy topics in depth, monthly. The City Council will have two workshops with code elements after
Planning Commission has vetted and discussed chapters and sections.
a. Two Workshops at City Council
b. SCJ Alliance planning and Legal Consultant, Piskel Yahne Kovarik, PLLC will be prepare materials
and facilitate discussion.
Moses Lake Council Packet 7-12-22, Page 35 of 67
Scope of Work Amendment Budget
Total Amendment: (see breakdown per task): $49,987.25
Additional Scope SCJ Alliance
Task Hours Fee
Task 2.1 Technical Committee Meetings 48 $8,208
Task 2.2 Planning Commission Workshops 40 $6,200
(new) Task 2.3 Committee outreach series
a. Ad Hoc Housing Commission 30 $5,130
b. Moses Lake Downtown Association 4 $684
c. Moses Lake Parks Board 4 $684
d. Chamber Response Team Meeting 6 $1,026
(new) Task 2.4 Council Workshops 12 $2,052
Task 4.1 Additional Code Iterations and Review Drafts 0 $0
Total SCJ Budget $23,984
Additional Scope PYK (Legal Consultant)
Task Hours Fee
Task 2.1 Technical Committee Meetings 35 $6,825
Task 2.2 Planning Commission Workshops 32 $6,240
(new) Task 2.3 Committee outreach series 0 $0
(new) Task 2.4 Council Workshops 10 $1,950
Task 4.1 Additional Code Iterations and Review Drafts 40 $9,750 Total PYK Budget $24,765
Subconsultant markup 5% $1,238.25
Total PYK Budget $26,003.25
Moses Lake Council Packet 7-12-22, Page 36 of 67
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
Fiscal and Policy Implications
Allison Williams, City Manager 1
Kevin Fuhr Police
7/12/2022 Consent Agenda
Indemnification/Hold Harmless Agreement between MACC and City of Moses Lake
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 motion to approve.
MUTUAL INDEMNIFICATION AGREEMENT.DOCX 12.26KB
conflict letter.docx 19.7KB
The Multi Agency Communications Center has recently completed a process to move to a different computer-
aided dispatch program. In doing so, MACC will be entering into an agreement that contains the following
provision:
(i) Affiliates and Shared Agencies. Client’s rights and licenses may be shared only with affiliates or (where Client is
a governmental agency or entity) other governmental agencies or entities that are specifically named in the applicable
Quote (“Shared Agencies”). If Client’s affiliates or Shared Agencies are using the Software pursuant to this
Agreement, Client is responsible for their compliance with the terms of this Agreement unless otherwise stated in the
applicable Quote.
The City of Moses Lake is a “Shared Agency” under the Quote, and this provision places all of the legal
responsibilities for our agency in compliance with the terms of the Contract on MACC. In order to equitably shift
the risk to each agency for it compliance, MACC is proposing that each agency execute an indemnification/hold
harmless agreement in favor of MACC. Because Kenison Franz Law represents MACC and the City of Moses
Lake, they cannot proceed with representation of both parties regarding this transaction without a signed conflict
waiver from your respective legislative body. Attached is a sample conflict waiver and indemnification/hold
harmless agreement for your agency’s consideration. We are requesting authorization to have the City Manager
sign the Indemnification/Hold Harmless agreement with MACC.
None
Moses Lake Council Packet 7-12-22, Page 37 of 67
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Options and Results
Continue the partnership with MACC.
Staff will bring back options for recommended changes.
Dissolve partnership with MACC.
Moses Lake Council Packet 7-12-22, Page 38 of 67
LEMARGIE KENISON FRANZ AND WHITAKER
Attorneys At Law Richard A. Lemargie, PS Katherine L. Kenison Anna C. Franz, PS James A. Whitaker (1949-2011)
107 D Street NW P.O. Box 965 Ephrata, Washington 98823 509.754.2493 Fax 509.754.4022
June 27, 2022
Board of Directors Multi-Agency Communications Center
208 S. Hamilton Road
Moses Lake, WA 98837 City Council City of Moses Lake
Re: Indemnification/Hold Harmless Agreement as Authorized User of new MACC Public Safety Software Dear City Council/Board of Directors:
We have been requested to draft an indemnification and hold harmless agreement for Authorized Users of the new MACC Public Safety Software. Because our firm has represented and continues to represent MACC and the City as general counsel, we are required by the Washington State Bar Association to inform you of and obtain your written
consent to our participation as counsel in transactions which present any potential for
conflict of interest. The purpose of this letter is to inform you of the actual and potential consequences of simultaneous representation for this transaction and to explain the circumstances under
which we can represent both parties simultaneously if, after full consideration of the
consequences, both clients wish us to do so. Under applicable rules of professional conduct, a law firm owes each of its clients a duty of loyalty, which would normally preclude any attorney within the firm from undertaking
a representation adverse to any client of the firm without the affected client’s informed
consent. Other rules generally prohibit a firm from undertaking any representation involving an actual or potential conflict of interest without the informed consent of all affected parties. Such a situation exists whenever a firm represents two clients simultaneously in a situation in which their interests are actually or potentially adverse.
The conflict of interest, and the need for informed consent, exist no matter how cordial the
business relationship between the two parties currently is or is anticipated to be, and no
Moses Lake Council Packet 7-12-22, Page 39 of 67
KENISONFRANZ
ATTORNEYS AT LAW MACC Board/City of Moses Lake City Council
June 27, 2022 Page 2 of 3
matter how non-controversial the transaction is anticipated to be.
We do not recommend simultaneous representation of adverse parties, and have not recommended this simultaneous representation to you. We have recommended, instead, that each party seek separate representation. We also recommend that each entity seek the advice of independent counsel of your own choice regarding this written consent. If,
however, it is the wish of both clients that we undertake the simultaneous representation of
both parties with respect to the transaction, we will undertake to do so under the terms described herein. It may not be possible for a single law firm to represent both parties to the transaction in
the same aggressive manner as would two separate and independent law firms. By giving
the consent requested in this letter, you are, in effect, waiving that kind of zealous representation of your individual and conflicting interests with respect to the transaction. It is possible that each or both of you might be advised by independent counsel to demand or offer different or more favorable terms and conditions with respect to the transaction
than we can or will demand or offer.
Moreover, regardless of the terms upon which the matters between the two clients are concluded, the fact that one law firm has been involved in the representation of both parties may give rise to a perception on the part of council members, directors, administration,
constituents, or other third parties that different terms might have been arrived at had each
entity had separate representation by an independent law firm. If a dispute should arise in the future between the two entities concerning the transaction or any other aspect of your dealings with each other, we believe we would have to
withdraw, or would be disqualified, from representing either entity with regard to that
dispute or any other relationship you might then have with each other. You would then each have to retain separate counsel, resulting in additional expense and inconvenience that you might not have incurred had you been separately represented from the outset.
We will be pleased to answer any questions you may have concerning this representation
or this requested consent. If you do wish to consent, please sign the enclosed extra copy of this letter and return it to us.
Moses Lake Council Packet 7-12-22, Page 40 of 67
KENISONFRANZ
ATTORNEYS AT LAW MACC Board/City of Moses Lake City Council
June 27, 2022 Page 3 of 3
Very truly yours,
KENISONFRANZ
_________________________________________ Katherine L. Kenison
KLK/kk ACKNOWLEDGEMENT AND CONSENT
Despite any potential or actual conflict of interest which may exist now or in the future, we hereby consent to the firm’s simultaneous representation of both the Grant County Multi-Agency Communications Center and the City of Moses Lake with respect to the transaction as described above. We further agree that the firm may withdraw its representation of either
client or both clients without prejudice should it determine that continued representation
might violate applicable rules of professional conduct. GRANT COUNTY MULTI-AGENCY CITY OF ______________
COMMUNICATIONS CENTER
_____________________________ _____________________________ By: D.T. Donaldson, Director By: Allison Williams, City Manager
ATTEST ATTEST
_____________________________ _____________________________
Debbie Burke, City Clerk
Moses Lake Council Packet 7-12-22, Page 41 of 67
MUTUAL INDEMNIFICATION AGREEMENT BETWEEN MACC AND USER CITY FOR NEW CAD SOFTWARE
MACC shall indemnify, defend, and hold harmless the CITY, its officers and employees from all claims, demands, or suits in law or equity arising from MACC’s intentional or negligent acts or breach of its obligations under the Agreement with 365Labs, Inc. MACC’s duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the CITY, its
officers or employees.
CITY shall indemnify, defend, and hold harmless MACC, its officers and employees from all claims, demands, or suits in law or equity arising from CITY’s intentional or negligent acts or breach of its obligations under the Agreement with 365Labs, Inc. CITY’s duty to indemnify
shall not apply to loss or liability caused by the intentional or negligent acts of MACC, its
officers or employees. If the comparative negligence of the parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the parties in
proportion to their relative degree of negligence and the right of indemnity shall apply to such
proportion. Where an officer or employee of a party is acting under the direction and control of the other party, the party directing and controlling the officer or employee in the activity or omission
giving rise to liability shall accept all liability for the other party’s officer’s or employee’s
negligence. Each party waives, with respect to the other party only, its immunity under Title %1 RCQ and only as necessary to make this indemnity provision enforceable with respect to claims relating to
the death or injury of CITY and MACC employees acting within the scope of this agreement.
The parties have specifically negotiated this provision. MACC CITY OF MOSES LAKE
________________________ ______________________________ By: D.T. Donaldson, Director By: Allison Williams, City Manager
Dated:___________________ Dated:___________________
Moses Lake Council Packet 7-12-22, Page 42 of 67
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
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Allison Williams, City Manager 1
Kevin Fuhr Police
7/12/2022 Consent Agenda
Termination of Towing Contract
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
0.00$0.00$0.00$
Motion to approve termination of contract.
Halls-Vista-Central Towing Termination Letter-2022[14060].docx 60.88KB
Towing Rotation Contract-2020 Signed.pdf 544.7KB
The Police Department have received complaints about the owner of the towing companies listed on the
termination letter. We would like to terminate our contract and relationship with the towing companies.
N/A
Options and Results
Terminate contract.
Staff will bring back options for recommended changes.
Continue with contract.
Moses Lake Council Packet 7-12-22, Page 43 of 67
Moses Lake Police Department 411 S Balsam Ave, Moses Lake, WA 98837 (509)764-3887 Professionalism - Integrity - Compassion - Service
July 7, 2022
Vista Service Towing, LLC D/b/a Hall’s Body Shop Towing D/b/a Central Towing Service Attn: William Bjork, Jr.
990 E Broadway Ave Moses Lake, WA 98837 Re: Moses Lake Rotational Towing Contract-2020
Dear Mr. Bjork: This letter is directed to you as owner and governor of Vista Service Towing, LLC, d/b/a Central Towing and Hall’s Body Shop Towing. Please consider this letter as the City of Moses Lake’s notice of intent to terminate the 2020 Moses Lake Police Department Rotational Towing Contract executed March 2020, with Vista Service
Towing, LLC, d/b/a Central Towing and Hall’s Body Shop Towing. Pursuant to Section VIII of that Contract, notice of termination requires 30 days written notice of the City’s intent to terminate the contract; accordingly, the effective termination date will be Friday, August 12, 2022 at midnight. Please contact me with any questions regarding this letter or your Contract with the City.
Sincerely, Kevin Fuhr, Police Chief
Moses Lake Police Department cc: City Manager
Moses Lake Police Department
Kevin J. Fuhr, Police Chief
Moses Lake Council Packet 7-12-22, Page 44 of 67
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Moses Lake Council Packet 7-12-22, Page 52 of 67
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
Allison Williams, City Manager 2
Richard Law, City Engineer Municipal Services
7/12/2022 New Business
Mae Valley Reimbursement Ordinances - first presentation
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
0.00$0.00$0.00$
Staff is requesting Council review on July 12 and consideration for adoption of both ordinances on July 26.
17.83KB
21.15KB
Packet Attachments (if any)
Hayden Homes Westshore Hansen Reimbursement Invoice.xlsx
Ordinance Reimbursement 12.40.116.docx
Ordinance Reimbursement 12.40.115.docx 16.62KB
Overview
As part of the Sagecrest Major Plat improvements the Developer was required to improve Westshore Drive and Hansen Road fronting the plat. The City of Moses Lake agreed to participate in the improvements, filling in the gaps for uncovenanted property on Westshore Drive and the completion of the West side of Hansen Road.
Moses Lake Municipal Code 12.40.010 Authority states: Pursuant to RCW 35.72 the City of Moses Lake may contract with
developers for the construction of municipal street improvements. Additionally, the city may join in with property owners in
the financing of the construction of municipal street improvements.
Moses Lake Municipal Code 12.40.010 Authority states: Pursuant to RCW 35.72 the City of Moses Lake may contract with developers for the construction of municipal street improvements. Additionally, the city may join in with property owners in the financing of the construction of municipal street improvements.
The Hansen Road improvements totaled $472,090.46 of this amount the City cost share portion was $236,045.23. The Westshore Drive improvements totaled $544,663.93, of this amount Hayden Homes was responsible for $272,331.97, existing covenants that were in place for Cove West Phase 1 & 2, Cacchiotti Short Plat and Poplar Sands Phase 2 covers $205,658.23 the City of Moses Lake participated in the remaining portion of $66,673.73. The front foot charge for Westshore Drive was determined to be $134.09.
Moses Lake Council Packet 7-12-22, Page 53 of 67
Staff has prepared two ordinances' amending Moses Lake Municipal Code 12.40 Street Construction or
Improvement Reimbursement Charges, creating Moses Lake Municipal Code 12.40.115 Hansen Road
Improvements (2022) Reimbursement and Moses Lake Municipal Code 12.40.116 Westshore Drive
Improvements (2022) Reimbursement. The Hansen Road reimbursement applies to Grant County Parcel
Number 110065200 for the sum of $236,045.23. The Westshore Drive reimbursement affects three parcels,
Grant County Parcel Number (GCPN), 110248001, GCPN 32004800 and GCPN 090629494 for $134.09 a front
foot.
The above reimbursement rate shall be adjusted upward commencing on June 1, 2023, by the change in the
January to January All Urban Consumers, West Coast Cities CPI-index issued in January of 2023, and shall be
so adjusted each June 1 thereafter using the same index.
Fiscal and Policy Implications
If approved the proposed ordinance changes will allow the City to be reimbursed for public funds expended to
participate in the construction of Westshore Drive and Hansen Road.
Options and Results
Approve, Authorize, or Adopt:
The City of Moses Lake will have the ability to be reimbursed for public funds expended to participate in the
construction of Westshore Drive and Hansen Road.
Provide Amended Direction:
Staff will bring back options for recommended changes.
No Action Taken:
The City will be unable to recover public funds expended to participate in the construction of Westshore Drive
and Hansen Road.
Moses Lake Council Packet 7-12-22, Page 54 of 67
Westshore Rock Subgrade Prep 69,713.00 0.38 26,490.94 Hansen Rock Subgrade Prep 63,822.00 0.38 24,252.36
Grading Shoulders 1.00 13,383.36 13,383.36 Grading Shoulders 1.00 13,383.36 13,383.36
Curb Prep 3,667.00 2.79 10,230.93 Curb Prep 2,403.00 2.79 6,704.37Sidewalk Prep 16,975.00 1.42 24,104.50 Sidewalk Prep 14,818.00 1.42 21,041.56Rock Placement 1,660.00 18.67 30,992.20 Rock Placement 1,599.00 18.67 29,853.33
Finish Grading 47,178.00 0.22 10,379.16 Finish Grading 45,459.00 0.22 10,000.98
Utility Adjustments 17.00 387.65 6,590.05 Utility Adjustments 3.00 387.65 1,162.95
Traffic Control 1.00 22,101.18 22,101.18 Traffic Control 1.00 22,181.02 22,181.02
144,272.32 128,579.93
Westshore Concrete Curb and Gutter 3,667.00 11.45 41,987.15 Hansen Concrete Curb and Gutter 2,403.00 11.45 27,514.35
Sidewalk 15,747.00 3.35 52,752.45 Sidewalk 14,397.00 3.35 48,229.95
Driveway Approach 977.00 4.15 4,054.55 Driveway Approach 0.00 4.15 0.00ADA Ramps 6.00 934.43 5,606.58 ADA Ramps 4.00 931.20 3,724.80
104,400.73 79,469.10
Westshore Asphalt 3" Asphalt 47,178.00 1.87 88,222.86 Hansen Asphalt 3" Asphalt 45,459.00 1.87 85,008.33
Westshore Street Signs Street Signs 1.00 3,110.40 3,110.40 Hansen Street Signs Street Signs 1.00 4,665.60 4,665.60
Westshore Storm System 10" Main 280.00 65.58 18,362.40 Hansen Storm System 10" Main 359.00 57.21 20,538.39
Stormtech Chambers 210.00 213.30 44,793.00 Stormtech Chambers 201.00 213.30 42,873.30Catch Basins 22.00 1,340.96 29,501.12 Catch Basins 18.00 1,364.10 24,553.80Traffic Control 1.00 2,823.74 2,823.74 Traffic Control 1.00 2,824.15 2,824.15
95,480.26 90,789.64
Westshore CO #1 Demolition 1.00 5,994.62 5,994.62 Hansen CO #1 Demolition 1.00 5,994.62 5,994.62Rock 1.00 37,636.08 37,636.08 Storm 1.00 (637.25)(637.25)Concrete 1.00 8,644.54 8,644.54 Rock 1.00 33,124.52 33,124.52
Asphalt 1.00 10,763.14 10,763.14 Concrete 1.00 200.88 200.88
Water Irrigation Sleeves 1.00 (632.16)(632.16)Asphalt 1.00 10,579.38 10,579.38Total Change Order #1 Sales Tax 1.00 (53.10)(53.10)Water-Irrigation Sleeves 1.00 (632.16)(632.16)
110,930.01$ 62,353.12 Sales Tax 1.00 (53.10)(53.10)
48,576.89
Westshore CO #3 Electrical 1.00 42,717.99 42,717.99 Hansen CO #3 Electrical 1.00 26,275.17 26,275.17
68,993.16
Westshore CO #5 Striping 1.00 4,106.25 4,106.25 Hansen CO #5 Striping 1.00 8,725.80 8,725.80
12,832.05
WESTSHORE TOTAL 544,663.93$ HANSEN TOTAL 472,090.46$
Hayden Homes Responsibility 272,331.97 Hayden Homes Responsibility 236,045.23
City of Moses Lake & Covenent Responsibility 272,331.97 City of Moses Lake Cost Share Responsibility 236,045.23
GRAND TOTAL 1,016,754.39$
Westshore Drive total front footage 2031 Hansen Road total Front Footage 1294
Cost per front foot. $272,331.97/2031 134.09 Cost per front foot. $236,045.23/1294 182.42
Cove West Responsibility FF X $134.09 654.32 87,736.21
Cacchiotti Responsibility FF X $134.09 238.71 32,008.06
Poplar Snads Phase #2 Frontage on Westshore 220.00 29,499.28Poplar Sands Phase #2 Activity Trail 420.73 56,414.69
Poplar Sands Phas #2 Total Cost 85,913.96
Popular Sands Cost per Lot $85,913.96 / 17 Lots 5,053.76
City of Moses Lake Responsibility 497.24 66,673.73
272,331.97
WESTSHORE DRIVE HANSEN ROAD
Moses Lake Council Packet 7-12-22, Page 55 of 67
$26,490.94
$13,383.36
$10,230.36
$24,104.50
$30,992.20
$10,379.16
$6,590.05
$22,101.18
$41,987.15
$52,752.45
$4,054.55
$5,606.59
$88,223.04
$3,110.40
$18,362.40
$44,793.00
$29,501.12
$2,823.74
$24,252.36
$13,383.36
$6,704.37
$21,041.56
$29,853.33
$10,000.98
$1,162.95
$22,181.02
$27,514.35
$48,229.95
$3,724.80
$85,008.96
$4,665.60
$20,538.39
$42,873.30
$24,553.80
$2,824.15
$11,989.24
-$637.25
$37,636.08
$33,124.52
$8,644.54
$200.88
$10,763.14
$10,579.38
-$1,264.32
-$106.20
$42,717.99
$26,275.17
Moses Lake Council Packet 7-12-22, Page 56 of 67
$4,106.25
$8,725.80
$1,016,754.64
Moses Lake Council Packet 7-12-22, Page 57 of 67
ORDINANCE XXXX
AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE CHAPTER 12.40 TITLED “STREET CONSTRUCTION OR IMPROVEMENT REIMBURSEMENT CHARGES”
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. Chapter 12.40 of the Moses Lake Municipal Code entitled “Street Construction or
improvement Reimbursement Charges” is amended as follows:
12.40.115 Street Improvement Charges – Hansen Road (2022)
Reimbursements are due for street improvements installed as part of the Sagecrest Major Plat project with
City funds in the amount shown below for the following properties located west of Hansen Road. The
reimbursement is due upon development of the property including the issuance of any development permits.
A. Section 30, T19N, R28E,
1. GC Parcel No. 110065200 $236,045.23
E1/2SE & SENE 30 19 28 (Prelim City ML BLA) That portion of the East 1/2 of the Southeast 1/4 and
the Southeast 1/4 of the Northeast 1/4 of Section 30, Township 19 North, Range 28 East W.M., Grant
County, Washington, more particularly described as follows: Commencing at the East quarter corner of
said Section 30, marked by a USBR Brass Cap, from which the center quarter corner of said Section 30,
marked by a 1 inch iron pipe, bears South 89°59'47" West, 2622.26 feet; thence South 89°59'47" West
along the North line of the Southeast quarter of said Section 30, a distance of 106.37 feet to the Westerly
right of way line of Hansen Rd and the POINT OF BEGINNING; thence continuing South 89°59'47"
West along said aliquot line, 944.76 feet; thence South 00°38'33" East, 1383.98 feet to the North line of
State Route 90 right of way; thence along said Northerly right of way the following two (2) courses:
South 77°27'50" West, 138.69 feet to Highway Station 1960+00, 590' Left; thence South 46°26'59" West,
169.69 feet to the Southeast corner of Silver Sands Short Plat, recorded in Book 2 of Short Plats, Page 49;
thence North 00°38'43" West along the East boundaries of said Silver Sands Short Plat, recorded in Book
2 of Short Plats, Page 49, Silver Sands Condominium Phase 1, recorded in Book 1 of Condominiums,
Page 15, Country Club Estates No. 3, recorded in Book 10 of Plats, Page 46 and Country Club Estates
No. 5, recorded in Book 11 of Plats, Page 12, a distance of 2863.88 feet; thence North 89°54'55" East
along the South boundary of Country Club Estates No. 5, recorded in Book 11 of Plats, Page 12 and
boundary extended, 1268.59 feet to the West right of way of Hansen Rd; thence South 00°45'27" East,
991.61 feet to the point of curvature of a 915.00 foot radius non tangent curve; thence along the arc of
said curve to the right through a central angle of 21°57'49", a distance of 350.75 feet, whose chord
bears South 10°13'02" West, 348.61 feet to the POINT OF BEGINNING. Said tract of land contains
47.27 acres, more or less.
Moses Lake Council Packet 7-12-22, Page 58 of 67
The above reimbursement rate shall be adjusted upward commencing on June 1, 2022 by the change in
the January to January All Urban Consumers, West Coast Cities CPI-index issued in January of 2023, and
shall be so adjusted each June 1 thereafter using the same index. (Ord. XXXX, 00/00/2022)
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. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary a as provided by law.
Adopted by the City Council and signed by its Mayor on July 26, 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: August 1, 2022 Date Effective: August 6, 2022
Moses Lake Council Packet 7-12-22, Page 59 of 67
ORDINANCE XXXX
AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE CHAPTER 12.40 TITLED “STREET CONSTRUCTION OR IMPROVEMENT REIMBURSEMENT CHARGES”
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. Chapter 12.40 of the MLMC, titled "Street Construction or Improvement Reimbursement
Charges” is amended to include a new section 12.40.116 as follows:
12.40.116 Street Improvement Charges – Westshore Drive Improvements (2022)
Reimbursements are due for street improvements installed as part of the Sagecrest Major Plat project with
City funds in the amount shown below for the following described properties located adjacent to Westshore
Drive between Hansen Road to approximately 1849’ south of Hansen Road. The reimbursement is due
upon upon development of the property including the issuance of any development permits. platting the
property, request to connect to city utilities, the parcel being sold to include extensions, assignments,
transfers, and devices or upon further development, whichever comes first.
A. Section 29, T19N, R28E,
1. GC Parcel No. 110248001 $134.09 a front foot
POR W1/2NW 29 19 28 A parcel of land located in the West half of the Northwest quarter of
Section 29, Township 19 North, Range 28 E.W.M., City of Moses Lake, Grant County,
Washington, described as follows: Commencing at a 2.5" U.S.B.R. Brass Cap marked 1/4 S 30/S
29 T19N, R28E - 1937 being the West 1/4 corner of said Section 29; thence North 00°45'30"
West along the West line of said Section 29, a distance of 1656.42 feet to the intersection with the
centerline of Westshore Drive (formerly known as County Road #844) being marked with a 3.5"
Brass Cap monument marked "PLS 21651"; thence South 00°45'30" East along the West line of
said Section 29, a distance of 395.04 feet to the POINT OF BEGINNING for this description;
thence leaving the West line of said Section 29 on a bearing of North 89°14'30" East, a distance
of 40.00 feet to a point on the arc of a non-tangent curve turning to the Left, having a radius of
25.00 feet, the radius point of which bears North 89°14'30" East; thence along said curve, having
an arc length of 39.27 feet, with a delta angle of 90°00'00", a chord bearing of South 45°45'30"
East and a chord length of 35.36 feet; thence North 89°14'30" East, a distance of 223.18 feet to
the Westerly right of way line of said Westshore Drive; thence North 42°27'15" West along said
Westerly right of way line, a distance of 315.03 feet; thence North 38°13'21" West continuing
along said Westerly right of way line, a distance of 129.27 feet; thence South 00°45'30" East, a
distance of 312.84 feet to the POINT OF BEGINNING. Having an area of 46,043 Square Feet,
1.06 acres
Moses Lake Council Packet 7-12-22, Page 60 of 67
2. GC Parcel No. 32004800 $134.09 a front foot
Common area Poplar Sands Condo Phase 1
3. GC Parcel No. 090629434 $134.09 a front foot
Tract A (Common Area) Bluff West Major Plat
The above reimbursement rate shall be adjusted upward commencing on June 1, 2022 by the change
in the January to January All Urban Consumers, West Coast Cities CPI-index issued in January of
2023, and shall be so adjusted each June 1 thereafter using the same index.
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. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary a as provided by law.
Adopted by the City Council and signed by its Mayor on July 26, 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: August 1, 2022
Date Effective: August 6, 2022
Moses Lake Council Packet 7-12-22, Page 61 of 67
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 3
Madeline Prentice, Director Finance
7/12/2022 New Business
Resolution to establish a Police Department revolving (imprest) account
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
0.00$0.00$0.00$
Adopt Resolution as presented.
Resolution xxxx establishing a Police Department revolving
account_.docx 16.62KB
The Police Department receives periodic donations that are directed for a specific purpose and intended to
address an immediate need. Currently, if the Police Department receives a donation made by check with
specific instructions for the immediate use of the money, the check must be deposited to the City's main
checking account and a warrant issued to a City employee to purchase items as directed by the donor.
In order to properly account for and report these activities, Finance would like to establish a separate checking
account (revolving/imprest fund) with an authorized balance of $2,000.00 for the Police Department to deposit
donations and issue checks directly from the account for the intended donation use. A custodian for the account
will be designated within the Police Department and the Finance Department will provide specific instructions,
processes and procedures, including templates, for reconciliation and replenishment of the fund on a monthly
basis. The Finance Department will conduct independent audits of the account on a periodic and unscheduled
basis in conformance to the requirements of the State Auditor's Office as set forth in the Budgeting, Accounting,
and Reporting System (BARS), Section 3.8.8 as authorized by RCW 43.09.200.
Fiscal and Policy Implications
Better internal controls will be achieved and more accurate financial reporting will result with the establishment
of a separate revolving fund for police donations.
Moses Lake Council Packet 7-12-22, Page 62 of 67
Options and Results
Approve, Authorize, or Adopt:
Finance will establish a separate checking account with an authorized balance of $2,000.00 for use by the
Police Department to receive donations and issue checks for immediate donor intended purchases. Monthly
account reconciliations will be provided to Finance and Finance will perform periodic audits of the account to
ensure compliance with the State Auditor's Office BARS requirements.
Provide Amended Direction:
Staff will bring back options for recommended changes.
No Action Taken:
The current process to receive and spend directed donations would continue.
Moses Lake Council Packet 7-12-22, Page 63 of 67
RESOLUTION NO. 3905
A RESOLUTION TO ESTABLISH A SEPARATE REVOLVING (IMPREST) FUND FOR THE CITY OF MOSES LAKE POLICE DEPARTMENT Recitals:
1. The Finance Director has recommended the establishment a separate revolving (imprest) fund for the Police Department in which to deposit donations and make disbursements from when there is an immediate request by the donor to use donated funds for a specific purpose.
2. RCW 43.09.200 authorizes the state auditor to prescribe a uniform system of accounting and the State Auditor’s Office Budgeting, Accounting, and Reporting System (BARS), Section 3.8.8 provides specific guidance and requirements for the use of revolving (imprest) accounts by local governments.
Resolved: 1. The City Council of the City of Moses Lake hereby authorizes the Finance Director to establish a separate revolving fund with an authorized balance of $2,000.00 for the City
of Moses Lake Police Department to receive and spend donated funds for intended
purposes. 2. The Police Department custodian will perform a monthly account reconciliation to the authorized balance and to the actual balance per the bank statement. The monthly
reconciliation with all supporting documents will be submitted to the Finance
Department. 3. The Finance Department will perform periodic, unscheduled audits of the account to ensure compliance to Section 3.8.8 of the State Auditor’s Budgeting, Accounting, and
Reporting System (BARS).
ADOPTED by the City Council of the City of Moses Lake on this 12th day of July, 2022.
________________________________________
Dean Hankins, Mayor ATTEST: _________________________________________
Debbie Burke, City Clerk
Moses Lake Council Packet 7-12-22, Page 64 of 67
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
4
Finance
New Business
To:
Allison Williams, City Manager
From
Madeline Prentice, Director
For Agenda of:
7/12/2022
Subject
Resolution to establish an Airport revolving (imprest) account
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$0.00$
Adopt resolution as presented.
Airport Imprest Resolution.docx 16.66KB
Council authorized the creation of a Municipal Airport Commission at its April 8th, 2022 Council meeting.
Currently, if the Municipal Airport Commission authorizes an airport expense to be paid, they must present an
approved invoice to the Finance Department for a warrant to be issued to the vendor. This can cause delays in
the procurement of goods or services to be performed if the invoice is not presented with all required documents
needed to process payment for the vendor.
In order to assist the Airport Commission in carrying out the day-to-day operations of the airport, the Finance
Department is requesting to establish a separate checking account (revolving/imprest fund) with an authorized
balance of $3,000.00. A custodian for the account will be designated from the Municipal Airport Commission
and the Finance Department will provide specific instructions, processes and procedures, including templates,
for reconciliation and replenishment of the account on a monthly basis. The Finance Department will conduct
independent audits of the account on a periodic and unscheduled basis in conformance to the requirements of
the State Auditor's Office as set forth in the Budgeting, Accounting, and Reporting System (BARS), Section
3.8.8 as authorized by RCW 43.09.200.
Fiscal and Policy Implications
The day-to-day operations of the airport can occur without delays in processing payments to vendors for goods
or services.
Moses Lake Council Packet 7-12-22, Page 65 of 67
Options and Results
Approve, Authorize, or Adopt:
Finance will establish a separate checking account with an authorized balance of $3,000.00 for use by the
Municipal Airport Commission for the day-to-day operations of the airport. Monthly account reconciliations will
be provided to the Finance Department. The Finance Department will perform periodic, unscheduled audits of
the account to ensure compliance with the State Auditor's Office BARS requirements.
Provide Amended Direction:
Staff will bring back options for recommended changes.
No Action Taken:
The current process to pay for goods and services for the operation of the airport will continue unchanged.
Moses Lake Council Packet 7-12-22, Page 66 of 67
RESOLUTION NO. 3906
A RESOLUTION TO ESTABLISH A SEPARATE REVOLVING (IMPREST) FUND FOR THE CITY OF MOSES LAKE MUNICIPAL AIRPORT Recitals:
1. The Finance Director has determined that establishment of a separate revolving (imprest) fund for the Moses Lake Municipal Airport will enhance the efficiency of the day-to-day operations of the airport and is recommending that Council authorize the establishment of such fund.
2. RCW 43.09.200 authorizes the state auditor to prescribe a uniform system of accounting and the State Auditor’s Office Budgeting, Accounting, and Reporting System (BARS), Section 3.8.8, provides specific guidance and requirements for the use of revolving (imprest) accounts by local governments.
Resolved: 1. The City Council of the City of Moses Lake hereby authorizes the Finance Director to establish a separate revolving fund with an authorized balance of $3,000.00 for the City
of Moses Lake Municipal Airport.
2. The Municipal Airport Commission will designate a custodian for the revolving account. The designated custodian will perform a monthly account reconciliation to the authorized balance and to the actual balance per the bank statement. The monthly reconciliation
with all supporting documents will be submitted to the Finance Department.
3. The Finance Department will perform periodic, unscheduled audits of the account to ensure compliance to Section 3.8.8 of the State Auditor’s Budgeting, Accounting, and Reporting System (BARS).
ADOPTED by the City Council of the City of Moses Lake on this 12th day of July, 2022. ________________________________________
Dean Hankins, Mayor ATTEST:
_________________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 7-12-22, Page 67 of 67