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FINAL 2022 0809 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, August 9, 2022 Moses Lake Civic Center – 401 S. Balsam or remote access* Study Session 4:00 p.m. – 2023 Budget Kickoff 6:00 p.m. – Executive Session – Property Acquisition pursuant to RCW 42.30.110(1)(b) Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Citizen’s Communications** Presentations -Moses Lake Community Coalition Partnership - Community Relations Manager Dayana Ruiz and Community Coalition Specialist Megan Watson -Police Station New Build v. Remodel – Rolluda Architect Rich Murikami Summary Reports: Mayor’s Report -Tai Shin Group of Japan Schedule -Airport Commission Quarterly Report -Richard Pearce Moratorium Request Additional Business City Manager’s Report -Employee New Hires and Promotions -Community Outreach Officer Position (supp pg 155) -Grant County Letter Regarding Jail and Work Release Services (supp pg 156) -Graffiti Update Moses Lake Council Packet 8-9-22, Page 1 of 149 August 9, 2022, City Council Meeting Page 2 _________________ Closed Hearings #1 Motion #2 Motion pg 4 CAD Homes Knolls Vista Deferral Request Presented by Kirsten Sackett, Community Development Director Summary: Council to review and consider approval pg 27 Maple Landing Planned Development District Ordinance 3011 Presented by Kirsten Sackett, Community Development Director Summary: Council to review and consider adoption Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the #3 pg 65 a.City Council Meeting Minutes Dated July 26, 2022 b.Claims and Payroll (supplement voucher list on pg 150) c.Communications/Writing Style Guide Resolution 3908 d.WA DES Interlocal Agreement for Energy Services Consultant e.Wastewater Comp Plan Consultant Amendment 2 f.Accept 2022 Signal Cabinet Replacement Project g.Redflex Amnesty Program Extension Old Business – none scheduled New Business #4 #5 Motion x 2 pg 125 1020 W Gem St. Weed Abatement Resolution 3909 Motion Presented by Kirsten Sacket, Community Development Director Summary: City Attorney to conduct hearing, Council review and consider adoption pg 143 Temporary and Mobile Food Vendor Ordinance 3012 and Resolution 3910 Presented by Madeline Prentice, Finance Director Summary: Council to review and consider adoption Administrative Reports -Nelson Road Pedestrian Path Update - Valley Road Reconstruction – Selland Letter 2204-04 -Blue Bridge Program Council Committee Reports Moses Lake Council Packet 8-9-22, Page 2 of 149 August 9, 2022, City Council Meeting Page 3 _________________ Adjournment Next Regular Council Meeting is scheduled for August 23, 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 +1 346 248 7799 or +1 669 900 9128 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 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 8-9-22, Page 3 of 149 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 8/9/2022 Consent Agenda CAD Homes Knolls Vista Deferral Request 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 that City Council approve the July 18, 2022, Hearing Examiner Recommendation (Attachment A) regarding the CAD Homes Knolls Vista Preliminary Major Subdivision request for Waivers, Deferrals, and Deviations on property identified under Assessor’s Parcel Numbers 110621000 and 110625001 as articulated within request (Attachment B). Packet Attachments (if any) Attachment A - PLN 2021-0027 CAD Homes Knolls Vista Final Decision 7 18 22.pdf Attachment B - CAD Homes, LLC_Request for Alternate and Deviations_6.30.22.pdf Attachment C - CAD Homes, LLC_Knolls Vista MP_Preliminary_6.9.22.pdf Overview On June 11, 2021, CAD Homes, LLC submitted a request for approval of a Preliminary Major Subdivision, CAD Homes Knolls Vista Major Plat (Attachment C). The Preliminary Major Subdivision is a 27-lot residential subdivision in the R1-Single Family Residential zone. On January 24, 2021, the Hearing Examiner issued an Order of Continuance regarding a request by the proponent on January 24, 2021, for the January 26, 2021 scheduled hearing in order to resolve recommended Conditions of Approval and compliance with adopted MLMC and Comprehensive Plan. Specifically, to address the requirement for vehicle and pedestrian connectivity. On June 10, 2022, the applicant provided a revised preliminary plat which also included a requested for a deviation (Attachment B). On July 12, 2022, the Hearings Examiner reviewed the revised application for the CAD Homes Knolls Vista Preliminary Major Subdivision with a request for Waivers, Deferrals, and Deviations (Attachments A and B) in accordance with Section 17.33.010 of the Moses Lake Municipal Code (MLMC). The Hearing Examiner issued a recommendation to the City Council to approve or deny the requested Waivers, Deferrals, and Deviations. Moses Lake Council Packet 8-9-22, Page 4 of 149 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: Pursuant to 17.33.010 Waivers, Deferrals, and Deviations, “Where, because of the size of the tract to be subdivided, its topography, the condition or nature of adjoining areas, or the existing or unusual physical conditions, the strict compliance with the provisions of this title would cause an unusual and unnecessary hardship on the subdivider, the designated approving body may waive, defer, or deviate from the requirements set forth in this title.” The Hearing Examiner found that because of the size of the tract to be subdivided, the condition or nature of adjoining areas, or the existing or unusual physical conditions, the strict compliance with the provisions of this title would cause an unusual and unnecessary hardship on the subdivider. As such, the Hearing Examiner thereby recommended granting a waiver and/or deviation from the requirements set forth in MLMC 17.33 as articulated within the request (Attachment B). In reviewing the criteria, City Staff also finds that the granting a waiver and/or deviation from the requirements set forth in MLMC 17.33 is consistent with the following Comprehensive Goals and Policies for infill development: · Housing Element Goal 4.1 Provide a variety of housing types and densities to meet the needs of all members of the community. · Policy 4.1.7 Preserve the character, stability, and integrity of existing neighborhoods by designing infill development to be compatible with surrounding residential densities, housing types, and other characteristics. See related policies under Goal 3.3 in the Land Use Element. · Land Use Element Goal 3.3 Maintain and enhance the health and vitality of residential neighborhoods. · Goal 3.2 Balance the pace of development with the ability to provide public facilities and services. · Policy 3.2.3 Incentivize infill development scaled and designed to fit the surroundings and revitalize corridors. On July 18, 2022, the Hearing Examiner rendered a recommendation that is now being forward to the City Council for consideration tonight (Attachments A and B). Pursuant to City of Moses Lake Code 20.09.030 The City Council shall make its decision by motion, resolution, or ordinance as appropriate. None Options and Results I move the Moses Lake City Council approve the July 18, 2022 Hearing Examiner Recommendation regarding the CAD Homes Knolls Vista Preliminary Major Subdivision request for Waivers, Deferrals, and Deviations on property identified under Assessor’s Parcel Numbers 110621000 and 110625001. Staff will bring back options for recommended changes. No Action Taken: The requested Waivers, Deferrals, and Deviations will not proceed. The applicant may withdraw and re- apply for subdivision without the benefits of the requested Waivers, Deferrals, and Deviations. Moses Lake Council Packet 8-9-22, Page 5 of 149 Moses Lake Council Packet 8-9-22, Page 6 of 149 Moses Lake Council Packet 8-9-22, Page 7 of 149 Moses Lake Council Packet 8-9-22, Page 8 of 149 Moses Lake Council Packet 8-9-22, Page 9 of 149 Moses Lake Council Packet 8-9-22, Page 10 of 149 Moses Lake Council Packet 8-9-22, Page 11 of 149 Moses Lake Council Packet 8-9-22, Page 12 of 149 Moses Lake Council Packet 8-9-22, Page 13 of 149 Moses Lake Council Packet 8-9-22, Page 14 of 149 Moses Lake Council Packet 8-9-22, Page 15 of 149 Moses Lake Council Packet 8-9-22, Page 16 of 149 Moses Lake Council Packet 8-9-22, Page 17 of 149 Moses Lake Council Packet 8-9-22, Page 18 of 149 Moses Lake Council Packet 8-9-22, Page 19 of 149 Moses Lake Council Packet 8-9-22, Page 20 of 149 Moses Lake Council Packet 8-9-22, Page 21 of 149 Moses Lake Council Packet 8-9-22, Page 22 of 149 Moses Lake Council Packet 8-9-22, Page 23 of 149 Moses Lake Council Packet 8-9-22, Page 24 of 149 Moses Lake Council Packet 8-9-22, Page 25 of 149 Moses Lake Council Packet 8-9-22, Page 26 of 149 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) Allison Williams, City Manager 2 Kirsten Sackett, Director Community Development 8/9/2022 Closed Hearing Maple Landing Planned Development District Ordinance 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 that City Council approve the attached Ordinance adopting the July 19, 2022, Hearing Examiner Recommended Findings of Fact, Recommended Conclusions of Law, Recommended Conditions of Approval, and Recommended Decision for the Maple Landing Planned Development District (PLN2022- 0016), allowing for construction of 98 single-family units and 120 multifamily units on the 23.2 acres of property identified under Assessor’s Parcel Numbers 110002003 and 110475231. Exhibit C - PLN2022-0016 Maple Landing PDD Final Decision 7 19 22.pdf 14.3MB Exhibit B-1 - Maple Landing PLN20022-0016 PDD Multifamily detail.jpg 227.77KB Exhibit B - MAPLE LANDING Planned Development overview plan 6-3- 2022.pdf 550.59KB Exhibit A - Maple Landing PLN2022-0016 PDD vicinity and overview.jpg 190.56KB Maple Landing Planned Development District ORDINANCE.docx 20.46KB Moses Lake Council Packet 8-9-22, Page 27 of 149 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: On February 16, 2022, the City of Moses Lake Community Development Department received an application for a Planned Development District and Preliminary Major Subdivision No. PLN2022-0016. According to the application materials, the project includes a proposal to subdivide Assessor Parcels 110002003 and 110475231, consisting of 23.2 acres, into lots for residential development. Generally, the proposal includes a reduction of the adopted lot standards and road standards in order to construct up to 98 single family units and 120-unit apartment units within the northwest quadrant of the Maple Drive NE and Grape Drive NE intersection in Moses Lake, WA. See Exhibits 1 and 2. The smaller lots to the east will be single-family homes, and multi-family for the western complex. The request requires approval of the Preliminary Major Subdivision by the Hearing Examiner, and a recommendation from the Hearing Examiner to City Council regarding the Preliminary Planned Development District, with adoption of an ordinance by City Council. On July 12, a public hearing was held before the Hearings Examiner to consider the associated applications in accordance with Moses Lake Municipal Code (MLMC) 18.67.090 for recommending an action to the City Council to approve, conditionally approve, or deny the permit. On July 19, 2022, the Hearing Examiner rendered a decision of approval for the Major Subdivision application, and simultaneously issued a recommendation of approval to the City Council for the Planned Development District request that is being considered tonight. Pursuant to City of Moses Lake Code 18.67.110 City Council Action, pursuant to Sections 20.09.030 and 2.08.100, the City Council shall consider and adopt or reject the ordinance with respect to the recommendations of the Hearing Examiner. The Hearing Examiner’s July 19 Recommended Findings of Fact, Recommended Conclusions of Law, Recommended Conditions of Approval and Recommended Decision is included as Exhibit 3. The documents outline the facts of the case and further describes the basis for a decision to recommend approval of the Planned Development District. The Recommended Conditions of Approval are found on page 18 of the document, with the Recommended Decision on page 19. none Options and Results I move the Moses Lake City Council adopt the attached Ordinance approving the July 19, 2022 Hearing Examiner Recommended Findings of Fact, Recommended Conclusions of Law, Recommendation Conditions of Approval and Recommended Decision of the Maple Landing Planned Development District (PLN2022-0016), allowing for construction of 98 single-family units and 120 multifamily units on the 23.2 acres of property identified under Assessor’s Parcel Numbers 110002003 and 110475231. Staff will bring back options for recommended changes. The Planned Development District will not proceed. The applicant may withdraw and re-apply for subdivision without the benefits of the Planned Development District Moses Lake Council Packet 8-9-22, Page 28 of 149 Moses Lake Council Packet 8-9-22, Page 29 of 149 Moses Lake Council Packet 8-9-22, Page 30 of 149 Moses Lake Council Packet 8-9-22, Page 31 of 149 Moses Lake Council Packet 8-9-22, Page 32 of 149 Moses Lake Council Packet 8-9-22, Page 33 of 149 Moses Lake Council Packet 8-9-22, Page 34 of 149 Moses Lake Council Packet 8-9-22, Page 35 of 149 Moses Lake Council Packet 8-9-22, Page 36 of 149 Moses Lake Council Packet 8-9-22, Page 37 of 149 Moses Lake Council Packet 8-9-22, Page 38 of 149 Moses Lake Council Packet 8-9-22, Page 39 of 149 Moses Lake Council Packet 8-9-22, Page 40 of 149 Moses Lake Council Packet 8-9-22, Page 41 of 149 Moses Lake Council Packet 8-9-22, Page 42 of 149 Moses Lake Council Packet 8-9-22, Page 43 of 149 Moses Lake Council Packet 8-9-22, Page 44 of 149 Moses Lake Council Packet 8-9-22, Page 45 of 149 Moses Lake Council Packet 8-9-22, Page 46 of 149 Moses Lake Council Packet 8-9-22, Page 47 of 149 Moses Lake Council Packet 8-9-22, Page 48 of 149 OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPSSWL212627SEQUOIA COURT SSSSSSSSWLWLWLWLWLWLWLPPP HPPPPHHWLWLWLWLWLWLWLWLWLWLWLWLWLWLSS SS SS SS SS SS SS SS SS W W W W W W W W WOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHP 0SCALE IN FEET80160NOTE: SCALE BAR IS ESTABLISHED FORFULL SIZE WITH SCALE BAR EQUAL TO 2"NO:DESCRIPTION:DATE: NeilM, 6/02/22 3:24pmM:\1jobs2021\20210387.0000\Dwg\Final\20210387.0000-E3.dwg, Layout: SITE (2) Know what'sbelow. before you dig.Call R SCALE: DATE: DRAWN BY: JOB NO: FILE NO: LAYOUT: TOLL FREE (800) 732-7442 SHEET http://www.erlandsen.com ERLANDSEN 250 SIMON ST. SE EAST WENATCHEE, WA 98802 PH: 509.884.2562 SHEET OF #### XX NM 6/2/2022 AS NOTED SITE (2) 20210387.0000-E3.DWG 20210387.0000 REENIGNELANOISSEF ORP REGISTER ED31741 NOTGNIHASWFOETATSDAVID E . DO R MI ERDRAFTLOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 10APARTMENTCOMPLEXMAPLE DR NEGRAPE DR NEROAD AROAD DROAD EROAD B ROAD C HEMLOCK ROAD LOT11LOT12LOT13LOT14LOT15LOT16LOT17LOT18LOT19LOT20LOT21LOT22LOT23LOT24LOT25LOT30LOT29LOT28LOT 26LOT 27LOT40LOT39LOT38LOT37LOT36LOT35LOT34LOT33LOT32LOT31LOT 46LOT 45LOT 44LOT 43LOT 42LOT 41LOT47LOT48LOT49LOT50LOT53LOT52LOT 51LOT 54LOT 55LOT 56LOT 57LOT 58LOT 59LOT 60LOT 61LOT 62LOT 63LOT 64LOT 98LOT 97LOT 96LOT 95LOT 94LOT 93LOT 92LOT 91LOT 90LOT 82LOT 83LOT 84LOT 85LOT 86LOT 87LOT 88LOT 89LOT65LOT66LOT67LOT68LOT 69LOT 70LOT 71LOT 72LOT 73LOT 74LOT 75LOT 76LOT 77LOT 78LOT 79LOT 80LOT 81LOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15LOT 16LOT 17LOT 18LOT 19LOT 20LOT 21LOT 22LOT 23LOT 24LOT 25LOT 26ROAD CAPT 112 UNITSAPT 912 UNITSAPT 1012 UNITSAPT 212 UNITSAPT 312 UNITSAPT 412 UNITSAPT 512 UNITSAPT 812 UNITSAPT 712 UNITSAPT 612 UNITSMoses Lake Council Packet 8-9-22, Page 49 of 149 Moses Lake Council Packet 8-9-22, Page 50 of 149 ORDINANCE ???? AN ORDINANCE CREATING A PLANNED DEVELOPMENT (MAPLE LANDING) DISTRICT OF MOSES LAKE PURSUANT TO MOSES LAKE MUNICIPAL CODE 18.67 Recitals: 1. The purpose of the planned development district ordinance is to allow some flexibility in the design of clustered residential, commercial, or industrial uses with sufficient and appropriate collective open space or a mixture of such uses by permitting specific modifications of the bulk and use regulations and performance standards of the underlying zone(s) as applied to a particular parcel of land. A planned development district is a floating district. Each approved planned development district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations and performance standards of the underlying zone. 2. A planned development district is a floating district. Each approved planned development district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations and performance standards of the underlying zone. 3. A planned development district encourages flexibility in design and development that will result in a more efficient and desirable use of the land. 4. Whereas, a planned development district permits flexibility of design, placement of buildings, use of required open spaces, circulation facilities, open spaces, off-street parking areas, and otherwise to better utilize the potentials of the site characterized by special features such as but not limited to geography, topography, or shape. 5. A planned development district provides for maximum efficiency in the layout of streets, utilities, and other public improvements. 6. A planned development district produces an integrated or balanced development of mutually supportive uses that might be otherwise inharmonious or incongruous. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following described property shall be permitted to develop as Maple Landing Planned Development District, as described in Legal Description Exhibit A as recorded with the Grant County Auditor and shall be named Maple Landing Planned Development District (PLN2022-0016). SWNW 10 19 28 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON EXCEPT THAT PORTION DESCRIBED AS: THE FOLLOWING DESCRIBED AS THAT PORTION OF THE Moses Lake Council Packet 8-9-22, Page 51 of 149 SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.WM.: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE NORTH ALONG SAID EAST LINE, A DISTANCE OF 445 FEET TO THE POINT OF BEGINNING. AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 510 FEET, MORE OR LESS TO A POINT ON THE EAST LINE OF THE U.S.B.R. DRAIN, AS SHOWN ON PAGE 222-116-31616-38 OF THE PLAT OF IRRIGATION BLOCK 40, COLUMBIA BASIN PROJECT; THENCE NORTH 07°48' EAST ALONG THE EAST LINE OF SAID DRAIN AND THE EXTENDED EAST LINE OF SAID DRAIN, A DISTANCE OF 450 FEET, MORE OR LESS TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, THIS POINT BEING HEREBY DESIGNATED POINT "A"; THENCE BEGINNING AGAIN AT THE TRUE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE WESTERLY ALONG SAID NORTH LINE, A DISTANCE OF 450 FEET, MORE OR LESS TO SAID POINT "A". AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION, A DISTANCE OF 100 FEET; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 350 FEET, MORE OR LESS TO A POINT ON THE EAST LINE OF THE U.S.B.R. DRAIN, AS SHOWN ON PAGE 222-116-31616-38 OF THE PLAT OF IRRIGATION BLOCK 40 COLUMBIA BASIN PROJECT; THENCE NORTH 07°48' EAST ALONG THE EAST LINE OF SAID DRAIN AND THE EXTENDED EAST LINE OF SAID DRAIN, A DISTANCE OF 107 FEET, MORE OR LESS TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 360 FEET, MORE OR LESS Moses Lake Council Packet 8-9-22, Page 52 of 149 TO THE POINT OF BEGINNING. AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH, 240 FEET ALONG THE EAST LINE OF SAID SUBDIVISION; THENCE WEST, 500 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH, 150 FEET; THENCE WEST, 300 FEET; THENCE SOUTH, 150 FEET; THENCE WEST, 300 FEET MORE OR LESS TO THE POINT OF BEGINNING. AND EXCEPT: THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 485 FEET TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 555 FEET; THENCE SOUTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 410 FEET; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 555 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY ALONG SAID EAST LINE, A DISTANCE OF 410 FEET TO THE TRUE POINT OF BEGINNING. And TX# 12302 IN SWNW 10 19 28 TAX# 12302 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH, 240 FEET ALONG THE EAST LINE OF SAID SUBDIVISION; THENCE WEST, 500 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH, 150 FEET; THENCE WEST, 300 FEET; THENCE SOUTH, 150 FEET; THENCE EAST, 300 FEET MORE OR LESS TO THE POINT OF BEGINNING. Section 2. Maple Landing Planned Development District has 98 single family units and 120-unit apartment units development on 23.2 acres. Section 3. The Maple Landing Planned Development District is located within the R-2 and R-3 Residential zone. The zone is modified as follows: A. Minimum lot size (in square feet) - 5,000 sqft B. Minimum lot size for a corner lot (in square feet) - 5,000 sqft C. Minimum lot size for a two-family dwelling (in square feet) - 5,000 sqft Moses Lake Council Packet 8-9-22, Page 53 of 149 D. Additional lot area per dwelling unit in excess of 2 dwelling units (in square feet) -zero E. Minimum lot depth on an arterial - 100' F. Front yard and exterior side yard setback - living space - 10' G. Front yard and exterior side yard setback - Garage - 20' H. Front yard and exterior side yard setback - porches, covered entryways, and similar unenclosed building projections - 10' I. Maximum lot coverage for multi-family structures - 75% J. Maximum height of primary structure - 45' K. Maximum height of detached accessory structure - 25' L. Interior side yard setback (each side) – 5’ M. The development shall be constructed essentially as conditioned and presented to the Hearing Examiner and City Council. Section 4. Maple Landing LLC or their successor, in interest shall be bound to the uses and modifications specified in this ordinance. Development rights are conferred upon the applicant or applicant’s successor in interest upon the submission and approval of a final planned development district application and map(s). Approval for the applicant to proceed with construction shall be contingent upon receipt and approval by the City Council of a final planned development district application and map(s) as recommended by the Hearings Examiner in Exhibits B and C. Section 5. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on August 9, 2022. ________________________________________ Dean Hankins, Mayor Moses Lake Council Packet 8-9-22, Page 54 of 149 ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Hankins Vote: Date Published: <Monday after Council> Date Effective: (Saturday/5 days later unless otherwise regulated) Moses Lake Council Packet 8-9-22, Page 55 of 149 Exhibit A SWNW 10 19 28 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON EXCEPT THAT PORTION DESCRIBED AS: THE FOLLOWING DESCRIBED AS THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.WM.: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE NORTH ALONG SAID EAST LINE, A DISTANCE OF 445 FEET TO THE POINT OF BEGINNING. AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 510 FEET, MORE OR LESS TO A POINT ON THE EAST LINE OF THE U.S.B.R. DRAIN, AS SHOWN ON PAGE 222-116-31616-38 OF THE PLAT OF IRRIGATION BLOCK 40, COLUMBIA BASIN PROJECT; THENCE NORTH 07°48' EAST ALONG THE EAST LINE OF SAID DRAIN AND THE EXTENDED EAST LINE OF SAID DRAIN, A DISTANCE OF 450 FEET, MORE OR LESS TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, THIS POINT BEING HEREBY DESIGNATED POINT "A"; THENCE BEGINNING AGAIN AT THE TRUE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE WESTERLY ALONG SAID NORTH LINE, A DISTANCE OF 450 FEET, MORE OR LESS TO SAID POINT "A". AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION, A DISTANCE OF 100 FEET; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 350 FEET, MORE OR LESS TO A POINT ON THE EAST LINE OF THE U.S.B.R. DRAIN, AS SHOWN ON PAGE 222-116-31616-38 OF THE PLAT OF IRRIGATION BLOCK 40 COLUMBIA BASIN PROJECT; THENCE NORTH 07°48' EAST ALONG THE EAST LINE OF SAID DRAIN AND THE EXTENDED EAST LINE OF SAID DRAIN, A DISTANCE OF 107 FEET, MORE OR LESS TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF Moses Lake Council Packet 8-9-22, Page 56 of 149 SAID SUBDIVISION, A DISTANCE OF 360 FEET, MORE OR LESS TO THE POINT OF BEGINNING. AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH, 240 FEET ALONG THE EAST LINE OF SAID SUBDIVISION; THENCE WEST, 500 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH, 150 FEET; THENCE WEST, 300 FEET; THENCE SOUTH, 150 FEET; THENCE WEST, 300 FEET MORE OR LESS TO THE POINT OF BEGINNING. AND EXCEPT: THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 485 FEET TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 555 FEET; THENCE SOUTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 410 FEET; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 555 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY ALONG SAID EAST LINE, A DISTANCE OF 410 FEET TO THE TRUE POINT OF BEGINNING. And TX# 12302 IN SWNW 10 19 28 TAX# 12302 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH, 240 FEET ALONG THE EAST LINE OF SAID SUBDIVISION; THENCE WEST, 500 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH, 150 FEET; THENCE WEST, 300 FEET; THENCE SOUTH, 150 FEET; THENCE EAST, 300 FEET MORE OR LESS TO THE POINT OF BEGINNING Moses Lake Council Packet 8-9-22, Page 57 of 149 ORDINANCE 3011 AN ORDINANCE CREATING A PLANNED DEVELOPMENT (MAPLE LANDING) DISTRICT OF MOSES LAKE PURSUANT TO MOSES LAKE MUNICIPAL CODE 18.67 Recitals: 1. The purpose of the planned development district ordinance is to allow some flexibility in the design of clustered residential, commercial, or industrial uses with sufficient and appropriate collective open space or a mixture of such uses by permitting specific modifications of the bulk and use regulations and performance standards of the underlying zone(s) as applied to a particular parcel of land. A planned development district is a floating district. Each approved planned development district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations and performance standards of the underlying zone. 2. A planned development district is a floating district. Each approved planned development district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations and performance standards of the underlying zone. 3. A planned development district encourages flexibility in design and development that will result in a more efficient and desirable use of the land. 4. Whereas, a planned development district permits flexibility of design, placement of buildings, use of required open spaces, circulation facilities, open spaces, off-street parking areas, and otherwise to better utilize the potentials of the site characterized by special features such as but not limited to geography, topography, or shape. 5. A planned development district provides for maximum efficiency in the layout of streets, utilities, and other public improvements. 6. A planned development district produces an integrated or balanced development of mutually supportive uses that might be otherwise inharmonious or incongruous. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following described property shall be permitted to develop as Maple Landing Planned Development District, as described in Legal Description Exhibit A as recorded with the Grant County Auditor and shall be named Maple Landing Planned Development District (PLN2022-0016). SWNW 10 19 28 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON EXCEPT THAT PORTION DESCRIBED AS: THE FOLLOWING DESCRIBED AS THAT PORTION OF THE Moses Lake Council Packet 8-9-22, Page 58 of 149 SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.WM.: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE NORTH ALONG SAID EAST LINE, A DISTANCE OF 445 FEET TO THE POINT OF BEGINNING. AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 510 FEET, MORE OR LESS TO A POINT ON THE EAST LINE OF THE U.S.B.R. DRAIN, AS SHOWN ON PAGE 222-116-31616-38 OF THE PLAT OF IRRIGATION BLOCK 40, COLUMBIA BASIN PROJECT; THENCE NORTH 07°48' EAST ALONG THE EAST LINE OF SAID DRAIN AND THE EXTENDED EAST LINE OF SAID DRAIN, A DISTANCE OF 450 FEET, MORE OR LESS TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, THIS POINT BEING HEREBY DESIGNATED POINT "A"; THENCE BEGINNING AGAIN AT THE TRUE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE WESTERLY ALONG SAID NORTH LINE, A DISTANCE OF 450 FEET, MORE OR LESS TO SAID POINT "A". AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION, A DISTANCE OF 100 FEET; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 350 FEET, MORE OR LESS TO A POINT ON THE EAST LINE OF THE U.S.B.R. DRAIN, AS SHOWN ON PAGE 222-116-31616-38 OF THE PLAT OF IRRIGATION BLOCK 40 COLUMBIA BASIN PROJECT; THENCE NORTH 07°48' EAST ALONG THE EAST LINE OF SAID DRAIN AND THE EXTENDED EAST LINE OF SAID DRAIN, A DISTANCE OF 107 FEET, MORE OR LESS TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 360 FEET, MORE OR LESS Moses Lake Council Packet 8-9-22, Page 59 of 149 TO THE POINT OF BEGINNING. AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH, 240 FEET ALONG THE EAST LINE OF SAID SUBDIVISION; THENCE WEST, 500 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH, 150 FEET; THENCE WEST, 300 FEET; THENCE SOUTH, 150 FEET; THENCE WEST, 300 FEET MORE OR LESS TO THE POINT OF BEGINNING. AND EXCEPT: THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 485 FEET TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 555 FEET; THENCE SOUTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 410 FEET; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 555 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY ALONG SAID EAST LINE, A DISTANCE OF 410 FEET TO THE TRUE POINT OF BEGINNING. And TX# 12302 IN SWNW 10 19 28 TAX# 12302 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH, 240 FEET ALONG THE EAST LINE OF SAID SUBDIVISION; THENCE WEST, 500 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH, 150 FEET; THENCE WEST, 300 FEET; THENCE SOUTH, 150 FEET; THENCE EAST, 300 FEET MORE OR LESS TO THE POINT OF BEGINNING. Section 2. Maple Landing Planned Development District has 98 single family units and 120-unit apartment units development on 23.2 acres. Section 3. The Maple Landing Planned Development District is located within the R-2 and R-3 Residential zone. The zone is modified as follows: A. Minimum lot size (in square feet) - 5,000 sqft B. Minimum lot size for a corner lot (in square feet) - 5,000 sqft C. Minimum lot size for a two-family dwelling (in square feet) - 5,000 sqft Moses Lake Council Packet 8-9-22, Page 60 of 149 D. Additional lot area per dwelling unit in excess of 2 dwelling units (in square feet) -zero E. Minimum lot depth on an arterial - 100' F. Front yard and exterior side yard setback - living space - 10' G. Front yard and exterior side yard setback - Garage - 20' H. Front yard and exterior side yard setback - porches, covered entryways, and similar unenclosed building projections - 10' I. Maximum lot coverage for multi-family structures - 75% J. Maximum height of primary structure - 45' K. Maximum height of detached accessory structure - 25' L. Interior side yard setback (each side) – 5’ M. The development shall be constructed essentially as conditioned and presented to the Hearing Examiner and City Council. Section 4. Maple Landing LLC or their successor, in interest shall be bound to the uses and modifications specified in this ordinance. Development rights are conferred upon the applicant or applicant’s successor in interest upon the submission and approval of a final planned development district application and map(s). Approval for the applicant to proceed with construction shall be contingent upon receipt and approval by the City Council of a final planned development district application and map(s) as recommended by the Hearings Examiner in Exhibits B and C. Section 5. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on August 9, 2022. ________________________________________ Dean Hankins, Mayor Moses Lake Council Packet 8-9-22, Page 61 of 149 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 15, 2022 Date Effective: August 20, 2022 Moses Lake Council Packet 8-9-22, Page 62 of 149 Exhibit A SWNW 10 19 28 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON EXCEPT THAT PORTION DESCRIBED AS: THE FOLLOWING DESCRIBED AS THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.WM.: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE NORTH ALONG SAID EAST LINE, A DISTANCE OF 445 FEET TO THE POINT OF BEGINNING. AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 510 FEET, MORE OR LESS TO A POINT ON THE EAST LINE OF THE U.S.B.R. DRAIN, AS SHOWN ON PAGE 222-116-31616-38 OF THE PLAT OF IRRIGATION BLOCK 40, COLUMBIA BASIN PROJECT; THENCE NORTH 07°48' EAST ALONG THE EAST LINE OF SAID DRAIN AND THE EXTENDED EAST LINE OF SAID DRAIN, A DISTANCE OF 450 FEET, MORE OR LESS TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, THIS POINT BEING HEREBY DESIGNATED POINT "A"; THENCE BEGINNING AGAIN AT THE TRUE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE WESTERLY ALONG SAID NORTH LINE, A DISTANCE OF 450 FEET, MORE OR LESS TO SAID POINT "A". AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION, A DISTANCE OF 100 FEET; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 350 FEET, MORE OR LESS TO A POINT ON THE EAST LINE OF THE U.S.B.R. DRAIN, AS SHOWN ON PAGE 222-116-31616-38 OF THE PLAT OF IRRIGATION BLOCK 40 COLUMBIA BASIN PROJECT; THENCE NORTH 07°48' EAST ALONG THE EAST LINE OF SAID DRAIN AND THE EXTENDED EAST LINE OF SAID DRAIN, A DISTANCE OF 107 FEET, MORE OR LESS TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF Moses Lake Council Packet 8-9-22, Page 63 of 149 SAID SUBDIVISION, A DISTANCE OF 360 FEET, MORE OR LESS TO THE POINT OF BEGINNING. AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH, 240 FEET ALONG THE EAST LINE OF SAID SUBDIVISION; THENCE WEST, 500 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH, 150 FEET; THENCE WEST, 300 FEET; THENCE SOUTH, 150 FEET; THENCE WEST, 300 FEET MORE OR LESS TO THE POINT OF BEGINNING. AND EXCEPT: THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 485 FEET TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 555 FEET; THENCE SOUTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 410 FEET; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 555 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY ALONG SAID EAST LINE, A DISTANCE OF 410 FEET TO THE TRUE POINT OF BEGINNING. And TX# 12302 IN SWNW 10 19 28 TAX# 12302 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH, 240 FEET ALONG THE EAST LINE OF SAID SUBDIVISION; THENCE WEST, 500 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH, 150 FEET; THENCE WEST, 300 FEET; THENCE SOUTH, 150 FEET; THENCE EAST, 300 FEET MORE OR LESS TO THE POINT OF BEGINNING Moses Lake Council Packet 8-9-22, Page 64 of 149 MOSES LAKE CITY COUNCIL July 26, 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 with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Hankins; Council Members Fancher, Eck, Swartz, Madewell, and Martinez. Deputy Mayor Myers attended remotely. PLEDGE OF ALLEGIANCE Airport Commissioner Richard Pearce led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Eck moved to approve the Agenda as presented, second by Council Member Swartz. The motion carried 7 – 0. CITIZEN’S COMMUNICATION Lower Peninsula Planned Unit Development Former Mayor David Curnel, Moses Lake, summarize housing needs and how he supports this project. Airport Commissioner Richard Pearce, Moses Lake, expressed opposition to multi-family development. Chuck Perry, Moses Lake, supported both comments. Arts Ordinance Shawn Cardwell with the Columbia Basin Allied Arts spoke in support of the 1% for the Arts Ordinance that will be brought forward later in the meeting. SUMMARY REPORTS MAYOR’S REPORT Yonezawa Sister City Anniversary Event and Letter of Condolence The Yonezawa Mayor has requested a virtual event around October 11th to commemorate the 40th Anniversary of our sister city relationship. City Manager Allison Williams and Mayor Hankins sent a letter of condolences for the loss of their former Prime Minister Shinzo Abe to Mayor Nakagawa. Taishin Group of Japan Visit The Taishin representatives met with the Mayor and City staff on July 15. They focus their youth exchange program with Community Service for the Parks Department and are planning their next visit in August during the Grant County Fair. Sila Technologies Update Mayor Hankins and City Manager Allison Williams were a part of a group at Big Bend Community College who were introduced to Sila Technologies staff on July 19. Moses Lake Council Packet 8-9-22, Page 65 of 149 CITY COUNCIL MINUTES – July 26, 2022 pg. 2 Legislator Update Mayor Hankins and City Manager Allison Williams met with the legislators and discussed anticipated growth, transportation needs, EPA superfund site, and police reforms that were needed to correct legislative changes that have been damaging to the ability to police our community. CITY MANAGER’S REPORT Firefighter Badging Deputy Fire Chief Pete Kunjara delivered the oath of office to Firefighter Steven Moyer who has completed probation. Employee New Hires A brief introduction was given for Facilities Maintenance new hires Courtney Rollins, PJ Morfin, and Maddie Ivie. Employee Years of Service Awards Sixteen staff have achieved 5, 10, 15, 20, 25, and 30 years of employment. Several employees were present to accept years of service pins from the Department Directors. 2023 Budget Guidelines Memo The Budget Guidelines memo was provided in the meeting packet. Council agreed to holding a 2-hour workshop prior to the next Council meeting. Grant County Animal Outreach (GCAO) Capital Campaign Letter GCAO Board President Sara Thompson Tweedy submitted a letter of request to the City and Board of County Commissioners requesting an increase from the primary entities in the annual contracts to increase staff wages and hire additional kennel attendants. Her letter also provided detailed issues that existing in the building. Action taken: Mayor Hankins moved to approve the additional funding and provide support for the new building as presented, second by Council Member Swartz. The motion carried 7 – 0. PUBLIC HEARING #1 Maple Landing North Annexation Request Ordinance 3010 A public hearing was conducted to consider the Maple Landing North Annexation. Mayor Hankins opened the hearing at 7:23 p.m. Staff provided an overview of the process from the initiation with Council June 14. Code provides that Planning Commission provide a recommendation. The Planning Commission recommended the requested annexation excluding the properties with ETA’s and recommended simultaneous adoption of R-2 Single-Family and Two-Family Residential zoning. The recommended boundary would be a logical extension of the City limits and the valuation of the original petition will provide for more than the 60% required for the Moses Lake Council Packet 8-9-22, Page 66 of 149 CITY COUNCIL MINUTES – July 26, 2022 pg. 3 three properties to be annexed into the City. T here was public comment from Terry Mitchell concerning the potential increase in traffic due to a potential road. The hearing was closed at 7:28 p.m. Action taken: Deputy Mayor Myers moved to adopt Ordinance 3010 as presented, which includes the boundary recommended by the Planning Commission, seconded by Council Member Eck. The motion carried 7 – 0. CLOSED HEARING #2 Mae Valley Refuge Deferral Request The Clerk read the proceedings for a Closed Record Hearing. Mayor Hankins opened the hearing at 7:34 p.m. Staff provided an overvew of the procedural actions taken and the request before the Council: On June 24, 2022, the Hearing Examiner issued a Final Decision approving the Preliminary Major Subdivision for "The Refuge at Mae Valley First Addition". The Findings of Fact, Conclusions of Law, Conditions of Approval and Final Decision also includes a recommendation on several deferrals requested by the applicant. Moses Lake Municipal Code (MLMC) 17.33.010 outlines the authority and procedures for requesting waivers, deferrals and deviations, which includes review by, and a recommendation from, the Hearing Examiner. The applicant is requesting deferrals on 10 items, described in Part III Conditions of Approval of the Hearing Examiner's Decision and Recommendation, and are listed as items 4.1 thru 4.10. There were no comments. The Mayor closed the hearing at at 7:43 p.m. Action taken: Council Member Swartz moved to approve the Hearing Examiner recommendations on specific deferrals as listed within the Hearing Examiner Decision and Recommendation Conditions of Approval 4.1-4.10 as presented, second by Deputy Mayor Myers. The motion carried 7 – 0. CONSENT AGENDA #3 a. City Council meeting minutes dated July 12, 2022 b. Claim ACH 177-181 in the amount of $1,065,875.71; Claim Checks 156955 – 157174 in the amount of $2,620,335.72; Payroll Checks 64481 through 64538 in the amount of $27,064.17 and Electronic Payments in the amount of $556,056.04 on July 8, 2022. c. Cascade and Lakeview Playground Replacement Projects Acceptance d. RDO Water Main and Bond Acceptance Action taken: Council Member Eck moved to approve the Consent Agenda as presented, second by Council Member Martinez. The motion carried 7 – 0. Moses Lake Council Packet 8-9-22, Page 67 of 149 CITY COUNCIL MINUTES – July 26, 2022 pg. 4 OLD BUSINESS #4 Hansen Rd. And Westshore Drive Reimbursement Ordinances 3007 and 3008 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. Action taken: Council Member Eck moved to adopt Ordinance 3007 as presented, second by Council Member Swartz. The motion carried 7 – 0. Action taken: Council Member Eck moved to adopt Ordinance 3008 as presented, second by Council Member Martinez. The motion carried 7 – 0. NEW BUSINESS #5 Public Art Committee and Fund Creation Ordinance 3009 The proposed Public Arts Ordinance will establish the Moses Lake Arts Committee and establish a Public Art Program. It will provide for the procedures and requirements of administering the Public Art Program and create and establish a Public Art Fund which uses the dedication of 1% of the cost of construction for City capital projects over $75,000 for the purposes of the Public Art Program. The new committee will report to the Parks, Recreation, & Cultural Services Advisory Board, which will then in turn make recommendations to Council. Action taken: Mayor Hankins moved to adopt Ordinance 3009 as presented, second by Council Member Martinez. The motion carried 6 – 1. Council Member Swartz opposed. ADMINISTRATIVE REPORTS Council Procedures Review City Manager Allison Williams reviewed the Council Procedures. They require that when Council members bring up future agenda items, there is a consensus of three members to add items to future agendas. An item discussed at the last meeting is related to a specific land use application and will come back to Council at a later date as it is in process and the date suggested was not feasible based on where the application was in the process. She also identified that in the future, if there are items being pulled from the Consent Agenda for discussion, that those items be moved to regular business at the time of the Agenda Approval, and that way they can be discussed and voted on separately rather than the current method which creates some confusion. AWC Legislative Priorities Committee Update City Manager Allison Williams attended the AWC Legislative Priorities Committee meeting. The agenda is being developed for AWC’s purposes for the next legislative session. Items are statewide issues with an emphasis on policing regulations, infrastructure funding, affordable housing, clarification on the Blake decision and other Moses Lake Council Packet 8-9-22, Page 68 of 149 CITY COUNCIL MINUTES – July 26, 2022 pg. 5 issues. The Hunt for Yarely Play There will be two showtimes of the play on August 6 at McCosh Park to inform the public on improving the water quality. A KWIQ radio ad was played that Stormwater Program Manager Brad Mitchell helped put together. The play is made possible with support from the Grant County Conservation District, City of Moses Lake, Moses Lake Watershed Council, Cascade Marina, Columbia Basin Allied Arts (CBAA), and Moses Lake Farmers Market. 2022 LTAC Event Update Council concurred to have 2022 LTAC recipients present their events at a future meeting. Police Events National Night Out will be held August 2, 2022, from 6-8 p.m. at McCosh Park. They won the Battle of Badge softball event with Grant County Sheriff’s Office that was well attended bringing in over $3k on raffles to go toward community outreach activities. Skyline Drive Traffic Analysis The analysis report from the traffic study was distributed to Council earlier in the day. City Engineer Richard Law reviewed details that would be needed to constitute thresholds for additional traffic controls (which have not been met based on the study). Similar results were received from recent analysis on Marina Drive. There are plans to deploy the devices on Loop Drive next, as well as various other locations this fall. Citywide Vandalism The City Manager reported on the uptick in vandalism and graffiti. There has been over $32,000 in damages in parks in the first six months of the year. Staff will purchase and install security cameras in parks to assist in enforcement. To deal with these increased issues, police staff have been awarded a grant to fund a mental health professional in their office, they are patrolling as much as possible, and working with the County drug court. A request will be coming forward to develop a new outreach position to foster relations with the homeless population and the drug court/other community programs to assist in the overall policing effort. COUNCIL COMMUNICATIONS AND REPORTS Council Member Fancher attended Grant County Economic Development Committee. He also attended the Community Development/Municipal Services/Parks meeting where they discussed ramping up engagement with the EPA Superfund site monitoring. Council Member Martinez let Council know that she was selected by the County Commissioners for the Board of Health but for a shorter term than the other elected officials. The Grant County Conservation District status is now official so they can apply for funding. Council Member Eck continues his Coffee with a Council Member meetings at the Red Door from 1-2:30 p.m. on Monday’s and Wednesday’s. He also attended the new Economic Moses Lake Council Packet 8-9-22, Page 69 of 149 CITY COUNCIL MINUTES – July 26, 2022 pg. 6 Development Coordination Committee meeting. He thanked City Manager Allison Williams for coordinating the group and they will be meeting every six to eight weeks. Mayor Hankins seconded Council Member Eck’s positive comments on the new Economic Development Coordination Committee and that it was a productive meeting. EXECUTIVE SESSION Mayor Hankins called an Executive Session at 8:23 p.m. to be held for 30 minutes pursuant to RCW 42.30.110(1)(i) (b) and (i) to discuss property acquisition and potential litigation with Council, City Manager Allison Williams, and City Attorney Katherine Kenison, and there was no action to follow. ADJOURNMENT The regular meeting was adjourned at 8:53 p.m. ______________________________________ Dean Hankins, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 8-9-22, Page 70 of 149 To: Allison Williams, City Manager From: Madeline Prentice, Finance Director Council Meeting Date: August 9, 2022 Proceeding Type: Consent Agenda Subject: Disbursement Report since July 26, 2022, Council Meeting The following amounts were budgeted and sufficient funds were available to cover these payments: Electronic Transfer 182 - 183 $ 1,344.04 Checks 157175 – 157326 $ 523,621.45 Payroll Checks 64539 - 64594 $ 32,417.35 Electronic Payments Direct Deposit 7/22/22 $ 559,236.12 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 8-9-22, Page 71 of 149 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 Susan Schwiesow, Director Parks, Recreation, and Cultural Services 8/9/2022 Consent Agenda Employee Communications Guide Resolution 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 Council move to adopt the Resolution to accept the Employee Communications Guide as presented. Employee Communications Guide resolution .docx 24.38KB Communications Guide.docx 1.33MB In past employee surveys from 2020 and 2021, employees asked for more communication. As a result, City communications staff increased efforts both internally and externally to ensure employees are informed about issues pertaining to the City, their workplace, and City initiatives. With so much communications work taking place, it is vital we formalize processes and have a reference tool in place for new and existing employees. Style guidelines and expectations when posting to the City's website and social media pages, or answering a media inquiry, are just a few of the items covered in the Employee Communications Guide. Rules guiding the use of the City's trademarked logo and permissions required to use content from outside sources are detailed. The guide covers the City's media response and how all employees and the City Council are to respond to ensure the City has a coordinated response and message when the media calls. Better coordination helps the City tell its story more fully, fact check, gather appropriate artwork (photos, maps, graphics, video) and reserve advertising when needed. Scheduling advertising is not immediate and can take days, depending on the publication. Moses Lake Council Packet 9-8-22, Page 72 of 92 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: There are no fiscal implications at this time. Options and Results Communications Guide will be implemented. Staff will bring back any Council recommendations. Employee Communication Guide will not be implemented. Moses Lake Council Packet 9-8-22, Page 73 of 92 RESOLUTION 3908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY MOSES LAKE, WASHINGTON, ESTABLISHING AN EMPLOYEE COMMUNICATIONS GUIDE Recitals: 1.Previous employee surveys identified a desire for policy direction on public information, including City website and social media and preparation of brochures and newsletters.Accordingly, staff recommends that the City Council establish a formal EmployeeCommunications Guide.2.The Employee Communications Guide is intended to establish and guide employeesto ensure consistency with formatting and style, use of City logos, use of third-partytrademarks, and legal considerations for brochures, articles, or posts to the Citywebsite and social media pages. Resolved: 1. The City Council approves the attached Employee Communications Guide. 2.These polices will prevail over conflicting policies previously adopted by the CityManager or adopted by the City Council. ADOPTED by the City Council of the City of Moses Lake on this 9th day of August 2022. Dean Hankins, Mayor ATTEST: Debbie Burke, City Clerk Moses Lake Council Packet 9-8-22, Page 74 of 92 8/9/2022 Employee  Communications  Guide  For Directors, Managers and other  Employees who work on public  information efforts and for staff who  post content to the City website and  social media pages  Lynne Lynch, Public Information Officer/  Communications & Marketing Specialist  CITY OF MOSES LAKE  Moses Lake Council Packet 9-8-22, Page 75 of 92 1  Introduction  he City of Moses Lake has several departments and a large amount of  information to share with the public. You may wonder how you fit into the  big picture. The Employee Communications Guide was created as a handy  reference for directors and front line staff. The goal of the Guide is to ensure all  departments are consistent with formatting and style as they create a brochure, write an  article, or post to the City website and social media pages. Impressions matter and we want  to make the best one possible. Cities across the nation have similar guides. Even if you  aren’t directly involved with creating or posting content, we recommend you review this  guide for other helpful information, such as news media routing procedures, in case you  are contacted by a reporter. It’s always good to be prepared.   For Directors/Managers who wish to share a single message or a full‐blown public  information campaign, examples of press releases are included within this guide as well as  templates  for  road  work  and  drone  flight  public  notices.  If  you  are  tasked  with  writing  portions of a press release, look at the examples provided and think through the details. If  those  details  have  not  been  established,  it  is  your  responsibility  to  do  so,  inform  the  responsible employees, and explain to the public the reasons why. More planning up front  helps  reduce  follow‐up  contact  from  the  media  and  the  public.  Having  an  agreed‐upon  message as soon as possible is critical.   For Employees responsible for website posting, the City’s expectation is that you  use the Writing Style Guide and follow formatting when writing and posting content to the  City’s website and social media pages. The Guide is a reference tool. We recommend you  review the Guide and know where to find key information when you need it. Please, feel  free to take notes and highlight what’s useful. You can always print another copy!  During a crisis or surprise situation, the public information officer has a planning  tool available called a Message Matrix to talk through what the City can share at that  point in time and in the future.  The  Message  Matrix  was  provided  this  year  by  the  City’s  insurance  carrier,  Washington Cities Insurance Authority, during staff training.  Public messaging takes time, preparation, and pulling the right people together quickly.  Fortunately, the City has the staff and tools available to get ahead of the curve and tell  the City’s story.   The City also has a Continuity of Operations Plan in place to guide response during a  wide‐scale emergency.   The  Guide  is  built  to  provide  guidance  and  address  common  errors  seen  in  City  written  materials.  The  goal  of  the  Guide  is  to  provide  the  tools  to  create  a  consistent,  professional presentation in all City communication.   T  Moses Lake Council Packet 9-8-22, Page 76 of 92 2  TABLE OF CONTENTS  INTRODUCTION – Page 1  WRITING AND STYLE GUIDE ― Pages  3‐5  COMMONLY MISSPELLED WORDS ― Pages 5‐7  MEDIA ROUTING PROCEDURE ― Page  8  WHEN TO CALL THE PIO ― Page  8  CITY SOCIAL MEDIA ACCOUNTS ― Page 10   CITY LOGO USE, PERMISSION PROCESS TO USE LOGO ― Page 10   EMPLOYEE RECOGNITION/SHOUT OUTS ― Page 11  CONSISTENCY TEMPLATES ― Page 12‐16  MESSAGING MATRIX TOOL FOR CRISIS COMMUNICATION OR OTHER ISSUES ―  Page 17  Moses Lake Council Packet 9-8-22, Page 77 of 92 3  City of Moses Lake Writing Style  Guide      These apply to all written materials, print and digital, created for the public and  employees of Moses Lake.  Acronyms, Abbreviations and Credentials  •Spell out on first use with acronym in  parenthesis, e.g. Moses Lake Police Department  (MLPD), Moses Lake Fire Department (MLFD). •When using professional credentials, set    them off with commas (e.g. Jack Carr, P.E.) •Only list the state with a city name if the  city is not located in Washington (ex: Chicago, Illinois). •Do not use industry jargon in City communications and reports to Council or other advisory boards and committees, including  external newsletters, citywide communication, and webpages. •Titles are capitalized if before a name and  not set apart by commas (City Engineer Richard Law). •Titles are lowercase if after a name and set apart by commas (Jane Anderson,  director of community development). Applications of this rule may vary depending on the application. •Do not abbreviate words in a description. Abbreviations can be used in the body  of a document, e.g. St., Blvd., Rd., etc. Contact Information  Phone and fax numbers: Dashes, no parenthesis, spaces, or periods (ex: 509‐764‐3701) Website address: No prefix of “www” or “http,” (ex. Cityofml.com) Department/Division Names   The following City abbreviations also need to be spelled out on first reference: Law Enforcement Officers and Firefighters (LEOFF), Lodging Tax Advisory Committee (LTAC). Below are the most common:  Parks, Recreation & Cultural Resources (PRCS) City of Moses Lake Museum & Art  Center (Museum on second reference) Moses Lake Council Packet 9-8-22, Page 78 of 92   4    Grammar/Style   Plurals  • “The Police are” or “The Police Department is”  • People (not persons)  • Lowercase “internet” and “web”  • Parks, Recreation, & Cultural Services Department (use “&” not “and”)  • No oxford commas (unless it is required for the reader to understand the  sentence)    Prefixes  • Nonprofit (no hyphen)  • Non‐emergency (with hyphen)  • Do not use ‐ize as a suffix for verbs (e.g., instead of finalize, use “end” or  “conclude”)  • Do not use ‐wise to suffix words (ex: weatherwise)  City Phrases/Events  • City of Moses Lake on first reference, City can be used in second reference.  • Alder Street Fill (downtown crossing over Moses Lake).  • 9‐1‐1 (with dashes)  Common City Words  • Moses Lake Civic Center  • Stormwater  • Firefighter (one word)  • Council is uppercase when referring to City Council as a proper noun  Commonly Misused Words  Accept, Except  Accept: Consent to receive a thing offered: I would like to accept this honor.  Agree to undertake an offered position or responsibility: I accept the challenge.  Except  • Preposition ‐ Not including; other than: She would like one of each except anchovies.  • Conjunction ‐ Used before a statement that forms an exception to one just made: I  would have gone for a run, except that I left my shoes at home.  • Verb ‐ Specify as not included in a category or group; exclude.  Affect, Effect  • Verb ‐ Have an effect on; make a difference to.  • Verb ‐ Pretend to have or feel something.  Moses Lake Council Packet 9-8-22, Page 79 of 92   5    • Noun ‐ Emotion or desire, esp. as influencing behavior or action.  Proper word use  • Database  • Afterward (not afterwards)   This also applies to backward,   forward, toward, etc.  • Daylight saving time (not daylight  savings, no hyphen)  • In regard to (not “in regards to”)    Commonly Misspelled Words  A Acceptable Accidentally Accommodate Accumulate Achievement Acquire Acquitted Advice Advise Affect B Beginning Beneficial Boundaries C Calendar Changeable Column Committed Conscience Conscious Consensus D Definite Definitely Desperate Discipline E Effect Equipment Exceed Existence Experience F Familiar Fiery Foreign G Gauge Grateful Guarantee Moses Lake Council Packet 9-8-22, Page 80 of 92   6    H Harass Height Hierarchy I Immediate Independent Indispensable J Judgement K Kernel Knowledge L Leisure Liaison Library License M Maintenance Maneuver Miniature Misspell N Neighbor Noticeable O Occasion Occasionally Occurrence P Parallel Personnel Possession Precede Privilege Q Quantity Questionnaire R Receive Receipt Recommend Referred Relevant S Seize Separate Sergeant Severely Specifically Succeed Succession T Transferring Twelfth U Unanimous Unnecessary Moses Lake Council Packet 9-8-22, Page 81 of 92   7    W Weather Weird Whether   Copyrights  • Copyrights on all City publications, including e‐newsletters, should be “City of Moses  Lake.” This ensures legal protection that may not cover departments or divisions. The  City requires use of its own graphics and images unless purchased from a legitimate  vendor. Permission to use non‐City copywritten photos or graphics from outside  sources must be obtained in writing. For purposes of copyrighted material, assume  that any photos not generated or purchased by the City are copyrighted by a third  party; accordingly, do not use photos downloaded from the internet or social media  that have not been purchased by the City.  Numbers  • Spell out numbers below 10 (one, two, three, etc.)  • Use numerical value if referring to time or dollar amounts  • Only go to the decimals in a dollar amount if there are cents (e.g., $150.50, not  $150.00)  • Spell out millions, billions, etc. ($10 million)  • Use full numerical value for amounts in the thousands ($10,000)  • Use numerical figures for ages, percentages page numbers and sums of money (when  using the “$” sign)         Moses Lake Council Packet 9-8-22, Page 82 of 92   8    How the City PIO can help during media inquiries and to get the word out  Please contact the PIO when news media calls and route any media calls or emails to the PIO.  Never feel pressured to go on camera and or do a live radio interview. There is staff in place to  help coordinate and facilitate an organized media response.   The City PIO can offer support in media outreach and response, crisis communication, press  release writing, copy editing, photography / videography, and graphic design.   If you need help getting the word out, earlier is better. This helps ensure you get the best reach  for your message and there is adequate time to edit, fact check, create graphics and/or find or  shoot photos. Studies have shown more people will read your message when there is a photo,  graphic or video included.   Please set aside time for a project meeting with the PIO in advance of your communication  effort.   Background on your issue is appreciated too.   Media and public outreach for nonpolicy related work for City elected officials  The PIO is not permitted to help with nonpolicy related outreach for the Mayor and City Council  Members.  The PIO is not permitted to campaign for the City’s elected officials.    PIO contact information:  Lynne Lynch  Email: llynch@cityofml.com  Desk: 509‐764‐3706  Cell: 509‐793‐0790  City resources for communication  Local events and meetings are now highlighted on the large computer screen outside the  Museum / Visitor Information Center. If your events or meetings are on the website calendar,  they will automatically appear on the large screen.   City websites  Cityofml.com  Tourmoseslake.com    Moses Lake Council Packet 9-8-22, Page 83 of 92   9    City social media pages   Facebook accounts  Moses Lake Municipal Government  Moses Lake Parks, Recreation & Cultural Services  Moses Lake Museum & Art Center  Moses Lake Creative District  City of Moses Lake, WA Surf ‘n Slide Water Park  Moses Lake Police Department  City of Moses Lake Visitor Information  Moses Lake Police Department’s Lost and Found Pets  Instagram accounts  Moses Lake Parks, Recreation & Cultural Services  Tour Moses Lake  Twitter accounts  Moses Lake Police Department  Tour Moses Lake  TikTok account  Moses Lake Police Department  YouTube  Tour Moses Lake  Consistency templates  Consistency templates for press releases, road work Public Service Announcements, Public  Drone Announcements and business letters have been developed for citywide communications.  For public viewing, copies can also be found at the end of this document.    The following fonts and sizes are being used:  City business letters: Times New Roman 12  Press releases: Calibri 12   Moses Lake Council Packet 9-8-22, Page 84 of 92   10    Website body copy: Times New Roman 11. This may change with the redesign of the City’s  website that is currently underway. It is expected a “Voice of the City” font and language style  will be established once the website redesign is complete.   Translation requirements:  Moses Lake’s demographics include significant population that is  non‐English speaking.  Staff are encouraged to think about the audience for their work and  pursue translation of documents.  The PIO can assist.  Translators have been identified  for: Spanish and Russian.   City logos  The City’s logos and variations are found below and can be obtained by request to the  appropriate department for internal use. Outside use may be requested in writing. In all  instances, the reason for requesting the logo need to be included. Alterations that obstruct  wording or original colors are not permitted.     Coming soon – Creative District  Moses Lake Council Packet 9-8-22, Page 85 of 92   11    Employee recognition – Shout Outs  Is there a special employee you would like to honor? Coordinate with your department head  and submit a Shout Out nomination to the City’s Public Information Officer. You don’t have to  be a supervisor to nominate staff. Be sure to include the employee’s name, title, and a few  sentences on why they deserve recognition. A photo is great too. Shout‐Outs are emailed  internally to all staff and the City Council and used for the employee bi‐weekly/This Week  report. Shout Outs can be emailed separately from the bi‐weekly if the issue is time sensitive.                   Moses Lake Council Packet 9-8-22, Page 86 of 92   12        Moses Lake Council Packet 9-8-22, Page 87 of 92   13   Moses Lake Council Packet 9-8-22, Page 88 of 92   14   Moses Lake Council Packet 9-8-22, Page 89 of 92   15   Moses Lake Council Packet 9-8-22, Page 90 of 92   16        Moses Lake Council Packet 9-8-22, Page 91 of 92   17      Moses Lake Council Packet 9-8-22, Page 92 of 92 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) Allison Williams, City Manager 1 Tony Massa, Public Works Superintendent Municipal Services 8/9/2022 Consent Agenda DES Energy Services Interagency Agreement City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 75,000.00$75,000.00$0.00$ Consider motion to authorize the Interagency Agreement (IAA) with Department of Enterprise Services (DES) that allows the City of Moses Lake to participate in the Energy Savings Performance Contracting (ESPC) program and work with one of the pre-qualified Energy Services Companies (ESCOs) for facility energy audits and energy services performance contracting. DES IAA.pdf 5.49MB DES Energy Flyer.pdf 3.59MB DES ESPC Description.pdf 2.27MB Moses Lake Council Packet 8-9-22, Page 93 of 149 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The Energy Savings Performance Contracting (ESPC) program was developed to provide a means to install Energy Efficiency Measures (EEMs) in State facilities without effecting the State's capital budget. The ESPC program within the Department of Enterprise Services has since been expanded to provide energy conservation services to all public facilities in the State. The DES Energy Program develops a pre-approved list of Energy Services Companies (ESCOs) providing services to public facilities. ESCOs deemed to be qualified, through the vetting process, are offered a Master Energy Services Agreement. This makes them eligible to participate in energy related projects at public facilities managed by the DES Energy Program. To participate in the program and work with one of the pre-approved ESCOs, the City of Moses Lake must enter into an Interagency Agreement (IAA) with DES. The IAA is drafted pursuant to RCW Chapter 39.34. It allows the DES Energy Program to provide overall contracting and project management services to the City of Moses Lake. Compensation for DES's Energy Program services is based on a pre-determined fee schedule that sets project management compensation levels based on the total project value. If the City proceeds with an EEM project then they are obligated to pay DES based on the project management fee. If the City of Moses Lake does not enter into an IAA with DES and chooses to have EEM projects done, they will have to follow the competitive bidding process and use staff time to manage the project. The long-term savings of Energy Efficient Measures (EEMs) and implementing them as cost effectively as possible is a fiscal consideration. Options and Results Staff will execute agreement and participate in the ESPC program. Staff will bring back options for recommended changes. City of Moses Lake will not enter into an Interagency Agreement with Department of Enterprise Services to participate in the ESPC program. Moses Lake Council Packet 8-9-22, Page 94 of 149 Moses Lake Council Packet 8-9-22, Page 95 of 149 Moses Lake Council Packet 8-9-22, Page 96 of 149 Moses Lake Council Packet 8-9-22, Page 97 of 149 Moses Lake Council Packet 8-9-22, Page 98 of 149 Moses Lake Council Packet 8-9-22, Page 99 of 149 Moses Lake Council Packet 8-9-22, Page 100 of 149 Moses Lake Council Packet 8-9-22, Page 101 of 149 Moses Lake Council Packet 8-9-22, Page 102 of 149 Moses Lake Council Packet 8-9-22, Page 103 of 149 Moses Lake Council Packet 8-9-22, Page 104 of 149 Moses Lake Council Packet 8-9-22, Page 105 of 149 Moses Lake Council Packet 8-9-22, Page 106 of 149 Moses Lake Council Packet 8-9-22, Page 107 of 149 Moses Lake Council Packet 8-9-22, Page 108 of 149 Moses Lake Council Packet 8-9-22, Page 109 of 149 Moses Lake Council Packet 8-9-22, Page 110 of 149 Moses Lake Council Packet 8-9-22, Page 111 of 149 Moses Lake Council Packet 8-9-22, Page 112 of 149 Moses Lake Council Packet 8-9-22, Page 113 of 149 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 3 Richard Law, PE Municipal Services 8/24/2022 Consent Agenda Wastewater Comprehensive Plan Contract Amendment Number 2 City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 201,900.00$136,000.00$65,900.00$ Staff recommends that City Council moves to approve Keller & Associates Contract Amendment Number 2. Wastewater Comp Plan Amendment No. 2.pdf 461.99KB The main raw waste pumps, check valves, and electrical control panels at the COF are aging and are overdue for replacement. The Wastewater Comprehensive Plan consultant is positioned well with all the needed resources to complete this upgrade design efficiently and quickly as part of the comprehensive plan contract. This will allow the City to bid this project out as soon as possible. A large portion of this design work involves electrical engineering design for which the City does not have its own resources. The already agreed upon contract for the Wastewater Comprehensive Plan is $136,000 including Amendment Number 1. Amendment Number 2 would increase the contract price by an amount of $65,900. The new total cost for the contract will be $201,900. Options and Results City staff will execute the Contract Amendment Number 2. Staff will consider the options for recommended changes. Staff will wait for further instructions. Moses Lake Council Packet 8-9-22, Page 114 of 149 222036 AMENDMENT v2018.05.12 Page 1 of 5 AMENDMENT TO OWNER-CONSULTANT AGREEMENT Amendment No. 2 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 is interested in replacing aging pumps, check valves, and pump control panels at their COF (Central Operations Facility) Pump Station located at the southeast corner of W. Cascade Avenue and W. Lakeside Drive in Moses Lake, Washington. The Owner has requested the following additional scope of services. Moses Lake Council Packet 8-9-22, Page 115 of 149 222036 AMENDMENT v2018.05.12 Page 2 of 5 Description of Modifications: ADD the following scope of services to Consultant’s work: PROJECT MANAGEMENT Consultant Responsibilities General Project Management. Provide general project administration services including contract administration, project accounting, progress reports, scheduling, and internal project administration. Kickoff Meeting. Participate in a project kickoff meeting. Prepare agenda and minutes. The purpose of this meeting will be to review/establish Owner design team, review the overall project schedule including major milestones and meetings, review objectives of the design, discuss available data and published materials that will be made available by the Owner, and review process for deliverables including process for Owner review and approval. Request for Information. Prepare initial request for information for data to be used in the design process. Owner Responsibilities • Provide meeting space for project meetings. Provide advertising as needed. Assumptions • Project management budget assumes a project schedule of up to four months. • Unless otherwise noted, meetings/workshops may include a combination of in person or virtual attendees. This assumption applies to this task as well as subsequent tasks. Deliverables • Monthly invoices and project update summaries. • Kickoff meeting agendas and minutes. • Request for information. PREDESIGN SERVICES Consultant Responsibilities Design Criteria. Document design criteria that will serve as basis for design. Lift Station Alternatives. Evaluate up to a total of two design alternatives with the Owner. Alternative evaluations are anticipated to be limited to the lift station components below. For each alternative, evaluation to include operations and maintenance considerations, benefits, drawbacks, costs, and consideration of non-cost factors. Pump type selection – vertical/horizontal non-clog or screw centrifugal pumps– flow requirement (1,900 gpm per pump). Both pump types will be evaluated with standard or immersible motors. VFD and soft start comparison for facility. 30% Design. Prepare 30% level mechanical, electrical plan, and instrumentation and control plan sheets for the lift station. Workshop Meeting. Meet with Owner to review concepts and alternatives and select preferred alternatives for design. Owner Responsibilities: • Provide input on lift station design criteria and preferred alternatives. Assumptions: • Pumps sizing will be in-kind with existing pumps capacities (1,900 gpm per pump). Moses Lake Council Packet 8-9-22, Page 116 of 149 222036 AMENDMENT v2018.05.12 Page 3 of 5 • Evaluation of pump head requirements (TDH) will not be evaluated and is assumed to match existing pumps (135-feet). • Surge analysis is not included in scope of work. • Primary components that will be replaced include pumps, check valves, pump control panels, and ultrasonic transducer. Deliverables: • Agenda and minutes for Workshop Meeting. FINAL DESIGN Consultant Responsibilities Plan Sheets. Prepare general, mechanical demolition, mechanical, electrical demolition, electrical, and instrumentation and control plan sheets for the lift station. Instrumentation and control plan sheets will include a one-line diagram. Prepare 50% and 95% review sets. Specifications. Prepare technical specifications. Technical specifications will be prepared to detail the materials, processes, and the products that are to be used in the construction of the lift station improvements. Prepare technical specifications table of contents for the 50% review set, and complete draft technical specifications for the 95% review set. 50% Design and Review Workshop Meeting. Submit 50% design review drawings and specifications table of contents to the Owner. Participate in a 50% design review workshop meeting. 95% Design and Review Workshop Meeting. Submit 95% design review drawings and specifications to the Owner. Participate in a 95% design review workshop meeting. Final Approval. Upon Owner review, Consultant will incorporate appropriate revisions into a final set of stamped drawings and specifications that will be used for bidding. Opinion of Probable Costs. Prepare up to two opinions of probable cost for the project at 50% and final design. Owner Responsibilities • Review and provide one set of consolidated comments on the 50% and 95% design deliverables. • Prepare front-end specifications and incorporate technical specifications deliverable into an overall project specifications manual. Assumptions • No modification to power will be required for the new pumping facilities other than possibly temporary power during construction which will be designed by Contractor. • Additional professional time for correspondence and meetings, due to an Owner initiated change in the project design, and/or project support above and beyond that described is considered an additional service. • Pump control panel will be a performance specification for the pump manufacturer. • City’s preference of Allen-Bradley panels will be incorporated into technical specification requirements for new pump control panels. • AutoCAD is to be used to prepare drawings and AutoCAD Civil 3D or Revit may be used for the mechanical and electrical design. • Plans and specifications are not required to be submitted to the Department of Ecology for review for rehabilitation of an existing facility. Record drawings will need to be submitted to Ecology following construction. Moses Lake Council Packet 8-9-22, Page 117 of 149 222036 AMENDMENT v2018.05.12 Page 4 of 5 Deliverables • 50% design submittal, including one PDF submittal (prepared in 22”x34” reviewed in 11”x17”). • 95% design drawings and technical specifications, including one PDF submittal (prepared in 22”x34” reviewed in 11”x17”). • 100% stamped design package, including one PDF submittal (prepared in 22”x34” reviewed in 11”x17”). • Opinion of probable cost (50% and final). FUTURE SERVICES The following future services may be added by amendment following the final design phase: • Services during Bidding • Construction Phase Services • Construction Observation Services • Project Closeout Compensation Summary: Task Type Amount Task 1 – Project Management LS $5,200 Task 2 – PreDesign Services LS $13,200 Task 3 – Final Design LS $47,500 TOTAL COST (Task 1 – 3) $65,900 Schedule: Consultant will complete services described within this amendment within 4 months of receiving requested information from the Owner. Moses Lake Council Packet 8-9-22, Page 118 of 149 222036 AMENDMENT v2018.05.12 Page 5 of 5 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: 7/20/2022 Title: City Manager Signature: APPROVED AS TO FORM: Name: Katherine L. Kenison Title: City Attorney Date: Moses Lake Council Packet 8-9-22, Page 119 of 149 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 Richard Law, City Engineer Municipal Services 8/9/2022 Consent Agenda Accept 2022 Signal Cabinet Replacement Project City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 438,085.34$535,000.00$438,085.34$ Staff recommends accepting the 2022 Signal Cabinet Replacement Project completed by Northeaset Electric, LLC. 2022 Signal Cabinet Replacement Final PE.pdf 111.19KB Streets Division identified a need to replace the out of date controllers that operate our traffic signals throughout town. The City previously purchased the control cabinets and hardware to upgrade these intersections through the existing State Contract. This project will install the controllers and replace any needed wiring to make fully functional signals at 10 locations in town. The project will also upgrade all the pedestrian pushbuttons and pedestrian signal heads to the current ADA approved equipment. Staff opened a bids for the work on May 17, 2022. The City received three (3) bids for the project. Northeast Electric, LLC submitted the low bid for the project in the amount of $435,000. The Engineer’s Estimate was $535,000. The work has been completed and the final cost of the work is $438,085.34. The increase is cost was to add a battery backup system to the existing cabinet at the intersection of Nelson Road and Pioneer Way. This completes the upgrades to all of our traffic signals in town and they are all equipped with battery backups that will keep the intersections going during short term power interruptions. After Council acceptance of the project, the City will enter into the 60-day lien period as required by Washington State Law. The City will release the 5% retainage bond after the 60-day lien period is complete. Moses Lake Council Packet 8-9-22, Page 120 of 149 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Options and Results Staff will send a notification of acceptance to the contractor and the 60-day lien period will begin. Staff will bring back options for recommended changes. The project will not be accepted at this time. Moses Lake Council Packet 8-9-22, Page 121 of 149 Moses Lake Council Packet 8-9-22, Page 122 of 149 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 3 Kevin Fuhr, Chief Police 8/9/2022 Consent Agenda Photo Enforcement Amnesty Program Extension City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Consider motion to authorize extension of the program. Council approved the development of an amnesty program for redflex tickets due to the transition of management of District Court. The initial period was between June 1, 2020 through June 30, 2021, the City of Moses Lake offered violators an opportunity to pay a reduced fine (50%) to decrease the number of court appearance requests that were backlogged during the court shutdown and transition. At the same time, each violator signed a new Declaration form giving them the opportunity to check one of the three boxes, again with the intent of reducing the number of court appearances. This reduction in fine amounts did not constitute a gifting of public funds as it would be offered equally to every violator and would benefit the City by reducing the backlog of citations while providing some revenue. Upon conferring with our photo enforcement vendor, Redflex, we were advised that all that is required is to notify them of the reduced fine amount so that they can make the adjustments. At the same time, the City offered waiving any late charges in hopes of getting violators to pay their overdue fines. The goal of offering these incentives was to generate compliance. The program was extended by Council for an additional period from November 30, 2021 to June 30, 2022 to allow the County to address the change in ownership of Redflex by Verra Mobility. Verra Mobility was working with AOC (Administrator of the Courts) on an interface in which photo enforcement citations would be electronically transferred to the Court. The negotiations between Verra Mobility and Grant County District Court continue with no forseeable end in sight. We continue to receive requests for hearings and have amassed approximately 150 such requests. Staff requests Council authorize another extension through the end of the year, December 31, 2022, and should an agreement be made before that date we can rescind the extension. Reduction in fine amounts. Moses Lake Council Packet 8-9-22, Page 123 of 149 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Options and Results Approve extension. Come back with alternatives. Continue to hold hearing requests. Moses Lake Council Packet 8-9-22, Page 124 of 149 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) Allison Williams, City Manager 4 Kirsten Sackett, Director Community Development 8/9/2022 New Business 1020 W. Gem Weed Abatement Resolution City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Attached is new business providing for the abatement of a nuisance at 1020 W. Gem Avenue, Moses Lake, WA 98837, owned by Herman D. & Joanne Liebrecht. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. CE245 N2C.pdf 187.25KB CE245 WW (2).pdf 202.49KB CE245 WW.pdf 203.08KB 0245 HEARING LETTER - LIEBRECHT.pdf 21.53KB 0245 HEARING LETTER - US TREASURY.pdf 300.29KB 364.JPG 1.33MB 365.JPG 1.3MB 5192704.JPG 1.57MB 5192705.JPG 1.7MB 5192706.JPG 1.68MB Draft Resolution Moses Lake Council Packet 8-9-22, Page 125 of 149 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The code enforcement matter at 1020 W. Gem, Moses Lake, WA 98837 was found by the Code Enforcement Officer while on routine patrol of the City. The grasses and weeds are greater than 12 inches in height located on the property. In accordance with MLMC 8.14, Nuisances, the site was inspected and determined to be a nuisance pursuant to MLMC 8.14. See attached May 18, 2022, Notice of Violation and Order to Correct or Cease Activity. MLMC 8.14.030.U - Maintenance of Grasses, Weeds, etc - Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. Compliance shall be required as follows: 1. Property with no sidewalks/activity trail or residential dwelling on the property shall be exempt. 2.Property with sidewalks/activity trail but no residential dwelling shall be required to control vegetation ten feet (10') from the back of the sidewalks/activity trail. 3. Property with sidewalks/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property. N/A Options and Results Staff recommends City Council consider adoption of the Resolution to abate the existing nuisance on Gem Ave as presented. Staff will bring back options for recommended changes. The nuisance will not be abated. Moses Lake Council Packet 8-9-22, Page 126 of 149 DATED: Friday, May 6, 2022 HERMAN D LIEBRECHT JOANNE LIEBRECHT 512 ASTOR LOOP NE MOSES LAKE, WA 98837 NOTICE TO CORRECT - UNSAFE OR UNLAWFUL CONDITION ISSUED TO: CASE #: CE2022-0245 City of Moses Lake Code Enforcement Division Contact: PETE MORFIN Phone: 509-764-3748 LEGAL DESCRIPTION: LOT 18 BLOCK 3 TROLSON ADD As owner, agent, lessee, other person occupying or having charge or control of the building, lot or premises described in the location below, you are hereby notified that the undersigned, pursuant to the violations listed below of the Moses Lake Municipal Code, has determined that there exists upon or adjoining said premises the following conditions: LOCATION: 1020 W GEM AVE PARCEL: 111389000 LOCATION OF UNLAWFUL CONDITION The weeds/grass on the property have grown greater than twelve (12) inches in height. 8.14.030.U-Maintenance of Grasses Maintenance of Grasses, Weeds, etc - Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. Compliance shall be required as follows: 1. Property with no sidewalks/activity trail or residential dwelling on the property shall be exempt. 2. Property with sidewalks/activity trail but no residential dwelling shall be required to control vegetation ten feet (10') from the back of the sidewalks/activity trail. 3. Property with sidewalks/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property. VIOLATIONS Cut the weeds/grass down to measure less than twelve (12) inches in height. CORRECTION REQUIRED If you do not correct the condition within the specified time period, a notice and order to correct the condition and/or a civil infraction will be issued to you, which can result in a penalty being imposed. You are notified to correct said conditions to the satisfaction of the undersigned by: Monday, May 16, 2022. Moses Lake Council Packet 8-9-22, Page 127 of 149 I would like to thank you in advance for your cooperating efforts. If you have any questions or need clarification on any of the above-mentioned items, please give me a call at 509-764-3748 or come and see me at City Hall. Sincerely, PETE MORFIN Code Enforcement Officer City of Moses Lake | 321 S. Balsam Avenue | General Office Number (509)764-3750 Moses Lake Council Packet 8-9-22, Page 128 of 149 CODE COMPLIANCE CASE LOGLEGAL DESCRIPTION: CASE #:CE2022-0245 ISSUED TO: NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY DATED:5/18/2022 City of Moses Lake Code Enforcement Division Contact: PETE MORFIN Phone: 509-764-3748 HERMAN D LIEBRECHT JOANNE LIEBRECHT 512 ASTOR LOOP NE MOSES LAKE, WA 98837 LOCATION: 1020 W GEM AVE LEGAL DESCRIPTION: LOT 18 BLOCK 3 TROLSON ADD PARCEL: 111389000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: LOCATION OF UNLAWFUL CONDITION The weeds/grass on the property have grown greater than twelve (12) inches in height. The City is requiring these corrections listed on this Notice and Order be accomplished by 06/01/2022 ACTION NECESSARY TO CORRECT VIOLATION Cut the weeds/grass down to measure less than twelve (12) inches in height. PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLATED 8.14.030.U-Maintenance of Grasses Maintenance of Grasses, Weeds, etc - Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. Compliance shall be required as follows: 1. Property with no sidewalks/activity trail or residential dwelling on the property shall be exempt. 2. Property with sidewalks/activity trail but no residential dwelling shall be required to control vegetation ten feet (10') from the back of the sidewalks/activity trail. 3. Property with sidewalks/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property. YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING Moses Lake Council Packet 8-9-22, Page 129 of 149 PENALTIES: 1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5,000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [MLMC 1.20.110(F)]. 2. If a penalty has been assessed pursuant to MLMC 1.20.110(F), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL THIS NOTICE AND ORDER TO THE COMMUNITY DEVELOPMENT DIRECTOR WITHIN FOURTEEN (14) DAYS OF THIS NOTICE PURSUANT TO SECTION 1.20.120 OF THE MOSES LAKE MUNICIPAL CODE BY FILING A NOTICE OF APPEAL TO THE COMMUNITY DEVELOPMENT DIRECTOR, 321 S. BALSAM ST., MOSES LAKE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HEREIN, THIS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION Sincerely, Pete Morfin Code Enforcement Officer City of Moses Lake | 321 S. Balsam Avenue | General Office Number (509)764-3750 Moses Lake Council Packet 8-9-22, Page 130 of 149 CODE COMPLIANCE CASE LOGLEGAL DESCRIPTION: CASE #:CE2022-0245 ISSUED TO: NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY DATED:5/18/2022 City of Moses Lake Code Enforcement Division Contact: PETE MORFIN Phone: 509-764-3748 U S TREASURY P O BOX 51320 PHILADELPHIA, PA 19115 LOCATION: 1020 W GEM AVE LEGAL DESCRIPTION: LOT 18 BLOCK 3 TROLSON ADD PARCEL: 111389000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: LOCATION OF UNLAWFUL CONDITION The weeds/grass on the property have grown greater than twelve (12) inches in height. The City is requiring these corrections listed on this Notice and Order be accomplished by 06/01/2022 ACTION NECESSARY TO CORRECT VIOLATION Cut the weeds/grass down to measure less than twelve (12) inches in height. PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLATED 8.14.030.U-Maintenance of Grasses Maintenance of Grasses, Weeds, etc - Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. Compliance shall be required as follows: 1. Property with no sidewalks/activity trail or residential dwelling on the property shall be exempt. 2. Property with sidewalks/activity trail but no residential dwelling shall be required to control vegetation ten feet (10') from the back of the sidewalks/activity trail. 3. Property with sidewalks/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property. YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING Moses Lake Council Packet 8-9-22, Page 131 of 149 PENALTIES: 1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5,000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [MLMC 1.20.110(F)]. 2. If a penalty has been assessed pursuant to MLMC 1.20.110(F), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL THIS NOTICE AND ORDER TO THE COMMUNITY DEVELOPMENT DIRECTOR WITHIN FOURTEEN (14) DAYS OF THIS NOTICE PURSUANT TO SECTION 1.20.120 OF THE MOSES LAKE MUNICIPAL CODE BY FILING A NOTICE OF APPEAL TO THE COMMUNITY DEVELOPMENT DIRECTOR, 321 S. BALSAM ST., MOSES LAKE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HEREIN, THIS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION Sincerely, Pete Morfin Code Enforcement Officer City of Moses Lake | 321 S. Balsam Avenue | General Office Number (509)764-3750 Moses Lake Council Packet 8-9-22, Page 132 of 149 City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Tuesday, July 26, 2022 Herman D & Joanne Liebrecht 512 Astor Loop NE Moses Lake, WA 98837 RE: Hearing to Permit City Abatement of Nuisance for case file #: CE2022-0245 Property Located at: 1020 W GEM AVENUE, MOSES LAKE on Parcel 111389000 Via Regular Mail and Return Receipt Mail HERMAN D & JOANNE LIEBRECHT You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of Moses Lake described as: Lot 18 Block 3 Trolson Add This property is located at: 1020 W GEM AVENUE, MOSES LAKE on Parcel 111389000 On Wednesday, May 18, 2022, the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of Tuesday, July 26, 2022, the nuisance located on the subject property has not been corrected or removed. Pursuant to Moses Lake Municipal Code (MLCM) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Council at the Council's regular meeting on Tuesday, August 9, 2022, which is more than ten days from the date of this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of the subject property. At the hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone (509) 764-3702. Sincerely, Tina Jewell Code Enforcement Officer cc: City Manager City Attorney Community Development Director Moses Lake Council Packet 8-9-22, Page 133 of 149 City of Moses Lake Pa Drawer 'l 579 Moses Lake WA 98837 Phone: (509) 764-3750 DATED: Tuesday, July 26, 2022 U. S. Treasury P. 0. Box 51320 Philadelphia,PA 19115 RF.: Hearing to Permit City Abatement of Nuisance for case file #: CE2022-0245 Propeity Located at: 1020 W GEM AVENUE, MOSES LAKE on Parcellll389000 Via Regular Mail and Return Receipt Mail HERMAN D & JOANNE LIEBRECHT You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of MosesLake described as: Lot 18 Block 3 Trolson Add This propeity is located at: 1020 W GEM AVENUE, MOSES LAKE on Parcellll389000 On Wednesday, May 18, 2022, the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation andOrder to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Orderto Conect or Cease Activity has expired without compliance. As of Tuesday, July 26, 2022, the nuisance located on the subjectproperty has not been corrected or removed. Pursuant to Moses Lake Municipal Code (MLCM) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearingbefore the Moses Lake City Council at the Council's regular meeting on Tuesday, August 9, 2022, which is more than ten days fromthe date of this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose ofthis hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct theabatement of tliat nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner ofthe subject property. At the hearing all persons interested in the abatement of tl'ie nuisance existing on the subject property will havethe opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Corincil to consider,whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the CityCouncil will determine if an abatement of a nuisance located on the subject property sl'iould take place and when. THIS HEARING IS IMPORTANT. YO{JR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS INYOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake,WA, phone (509) 764-3702. Sincerely, Tina Jewell Code Enforcement Officer CC:City Manager City Attorney Community Development Director Moses Lake Council Packet 8-9-22, Page 134 of 149 Moses Lake Council Packet 8-9-22, Page 135 of 149 Moses Lake Council Packet 8-9-22, Page 136 of 149 Moses Lake Council Packet 8-9-22, Page 137 of 149 Moses Lake Council Packet 8-9-22, Page 138 of 149 Moses Lake Council Packet 8-9-22, Page 139 of 149 RESOLUTION 3909 A RESOLUTION DETERMINING THAT Herman D. & Joanne Liebrecht ARE THE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 1020 W. Gem Avenue, LOT 18 BLOCK 3 TROLSON ADD, Parcel 111389000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030.U. The records of Grant County show the owners of the subject property to be Herman D. & Joanne Liebrecht, 1020 W. Gem Avenue, Moses Lake, WA 98837, US Treasury, PO Box 51320, Philadelphia, PA 19115. 2. Notice. On May 18, 2022, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On July 26, 2022, the Code Enforcement Officer caused to be delivered to Herman D & Joanne Liebrecht, US Treasury, a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 9, 2022. Such notice was in writing, in the English language and was delivered by certified mail and regular mail to the record owners of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030.U – Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. 3.2 Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12”) in height measured above the ground. a. The above exception may be waived, and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. Moses Lake Council Packet 8-9-22, Page 140 of 149 b. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping is implemented immediately. 3.3 Compliance shall be required as follows: a. Property with no sidewalk/activity trail or residential dwelling on the property shall be exempt. b. Property with sidewalk/activity trail but no residential dwelling on the property shall be required to control the vegetation ten feet (10’) from the back of the sidewalk/activity trail. c. Property with sidewalk/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property. 4. Hearing. On August 9, 2022, the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. 5. Evidence: 5.1. The following persons testified under oath: Tina Jewell, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: EXHIBIT: Pictures taken by Code Enforcement Officer of the property located at 1020 W. Gem Avenue, Moses Lake, WA. EXHIBIT: Notice to Correct dated May 6, 2022, from the Code Enforcement Officer addressed to Herman D. & Joanne Liebrecht, 1020 W. Gem Avenue, Moses Lake, WA. EXHIBIT: Notice of Violation and Order to Cease Activity dated May 18, 2022, from the Code Enforcement Officer addressed to Herman D. & Joanne Liebrecht, and US Treasury. EXHIBIT: Letter dated July 26, 2022, from the Code Enforcement Officer to Herman D. & Joanne Liebrecht, US Treasury, advising the property owner of the hearing regarding abatement of property, scheduled for August 9, 2022. Moses Lake Council Packet 8-9-22, Page 141 of 149 Page 3 6. Resolved: 6.1 A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 1020 W. Gem Avenue, Moses Lake, Washington. Herman D. & Joanne Liebrecht 1020 W. Gem Avenue, Moses Lake, WA, US Treasury, are the record contract owners of the subject property per the records of Grant County. 6.2 The public nuisance located upon the subject property consists of: 6.2.1. Grasses and weeds in excess of 12” inches in height. 6.3 The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 6.4. Herman D. & Joanne Liebrecht, US Treasury, the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 6.4.1 Grasses and weeds must be cut down and removed. 6.5 City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the cleanup required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6.6 A copy of this resolution shall be provided to the record contract owner by certified and regular mail after its approval by the City Council. Adopted by the City Council of Moses Lake, WA on August 9, 2022. ___________________________________ Dean Hankins, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 8-9-22, Page 142 of 149 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 5 Madeline Prentice, Director Finance 8/9/2022 New Business Temporary and Mobile Food Vendor Ordinance and Resolution City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Motion 1: Staff recommends Council consider adoption of the ordinance amending MLMC Title 5 as presented. Motion 2: Staff recommends Council consider adoption of the resolution amending the 2022 Fee Schedule as presented. Packet Attachments (if any) Draft Ordinance Draft Resolution Overview The Food Truck and/or Mobile Food Vendor concept has been growing in popularity over the past decade. As the City is in the process of opening a Food Vendor Food Court, we want to make the licensing requirements less burdensome and more cost effective for business owners. In doing so, we would eliminate the required background check for each owner/employee affiliated with the mobile and street food vendor license, currently $110 per person. We would also eliminate the Initial Application fee of $155, creating a more appealing fee schedule, allowing vendors to purchase a license based on a quarterly time frame at $25 per quarter. With these changes made to food-based vendor licensing, we would also like to move forward with updating the required fees affiliated with non-food (Temporary Location) vendors. We are requesting to amend the application fee for non-food, temporary location vendors from $210 annually to $25 per quarter. The insurance coverage for Mobile Food/Street Food Vendors and Temporary Locations will be increased to $2,000,000 to match the requirements set forth by Parks & Recreation in correlation with our up-and-coming food court. The ability to purchase these licenses based on a quarterly basis, as opposed to annual option, will dramatically decrease the initial cost behind initiating temporary vending in this jurisdiction. At the current rates, the cost of obtaining a mobile food license to operate for a full year, with two employees, is $485; three (3) screening fees plus an application fee. The current cost for a Temporary Location vendor is $210. The proposed changes would decrease the total for both license types to $100.00 for a full year of operation. The background check would no longer be required for mobile food vendors or their employees, allowing a faster turn-around time for issuing the business license. The new quarterly rate would also allow out of area vendors to conduct business in Moses Lake for one-time events at a more reasonable rate.Moses Lake Council Packet 8-9-22, Page 143 of 149 Fiscal and Policy Implications This should not have a significant financial impact. By eliminating the screening requirements and reducing the licensing fees, we hope to attract new business and increase the number of mobile and temporary vendors operating within city limits therefore, offsetting the overall rate reduction for licensing fees. Options and Results Approve, Authorize, or Adopt: Implement these changes upon the effective date of the ordinance and resolution. Provide Amended Direction: Staff will bring back options for recommended changes. No Action Taken: Continue processing in the current manner. Moses Lake Council Packet 8-9-22, Page 144 of 149 ORDINANCE 3012 AN ORDINANCE AMENDING BUSINESS LICENSE APPLICATOIN MOSES LAKE MUNICIPAL CODE SECTIONS 5.06 AND 5.07 THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 5.06.045 of the MLMC titled "Application Requirements" is amended as follows: 5.06.045 Application Requirements: The application shall be submitted at least fourteen (14) days before the proposed start of busi- ness, and shall include the following: A. Application form; B. Application fee per Section 5.06.080; C. Cash deposit per Section 5.06.100; CD. Written permission of the owner of the property where the business is proposed to be located; DE. Site plan showing the proposed location of the business, including existing buildings, parking, and any proposed structures, vehicles, tents, etc.; EF. Proof of insurance coverage, per Section 5.06.047. Section 2. Section 5.06.047 of the MLMC titled “Insurance” is amended as follows: 5.06.047 Insurance: The licensee shall obtain and maintain public liability and property damage insurance in the amount of one two million dollars ($21,000,000) which shall remain in full force and effect during the duration of the license. The insurance policy shall name the City as an additional named insured and the policy shall not be canceled or reduced without prior written notice to the City at least thirty (30) days in advance of the cancellation. Proof of insurance shall be provided as a condition of issuance of the license. Section 3. Section 5.06.070 of the MLMC titled “Term of License” is amended as follows: 5.06.070 Term of License: All licenses shall be for a period of one year, unless otherwise provided in this chapter; such license is to begin January 1st of each year and terminate the following December 31st. The business license fee for a mobile or street vendor shall be assessed in accordance with the adopted fee schedule for the year or part thereof, payable in advance, for each vehicle, conveyance, or stand. Moses Lake Council Packet 8-9-22, Page 145 of 149 Section 4. Section 5.06.100 of the MLMC titled “Cash Deposit” is deleted: 5.06.100 Cash Deposit: Before a license is issued under authority of this chapter, the applicant, in addition to paying the applicable license fees, shall deposit with the Finance Director a refundable cash deposit or a cashier’s check in the amount of one hundred fifty dollars ($150). The deposit or cashier’s check shall be refunded or returned to the licensee at such time as it has been determined that any check used to pay the license fee has cleared and after the licensee delivers to the City a signed declaration indicating the amount of gross sales and which calculates the amount of sales tax to be forwarded to the Washington Department of Revenue. In addition the statement shall contain a current address and telephone number of the licensee. Section 5. Section 5.07.040 of the MLMC titled "Application" is amended as follows: 5.07.040 Application: Any person, firm, or corporation desiring to secure a license as a mobile or street vendor shall make application to the City, on forms to be provided by the City, at least fourteen (14) days before the requested start date of the business. Such application shall provide: A. The name or names and address of the applicant, vehicle license numbers of all vehicles or a description of the conveyance from which the applicant proposes to conduct business; description of the general type of food proposed to be sold by the applicant. B. Each application shall be accompanied with the license fee as provided for in this chapter. C. Each license application for a mobile or street vendor shall be accompanied with the following information to establish compliance with this chapter and other applicable codes: 1. A statement explaining the method of trash and litter disposal being proposed by the vendor and/or signed agreement from the property owner to utilize their garbage. 2. Washington State tax number. 3. Proof of general liability and/or vehicle liability insurance coverage, per Section 5.07.045. 4. Site plan of where unit will be located (if applicable) as it pertains to existing buildings, parking and exits, will be provided for each operating location within city limits. 5. Food handler’s permit (if applicable). 6. Written authorization from the property owner to conduct business on their property (if applicable) for each operating location. Section 6. Section 5.07.045 of the MLMC titled “Insurance” is amended as follows: 5.07.045 Insurance: The licensee shall obtain and maintain public liability and property damage insurance in the amount of one two million dollars ($21,000,000) which shall remain in full force and effect Moses Lake Council Packet 8-9-22, Page 146 of 149 during the duration of the license. The insurance policy shall name the City as an additional named insured and the policy shall not be canceled or reduced without prior written notice to the City at least thirty (30) days in advance of the cancellation. Proof of insurance shall be provided as a condition of issuance of the license. Section 7. Section 5.07.060 of the MLMC titled “Fees” is amended as follows: 5.07.060 Fees: A. An initial application fee shall be assessed in accordance with the adopted fee schedule and will be submitted with all applications for each vehicle, conveyance, or stand. The renewal fee for a mobile or street vendor license shall be the same as a standard business license, provided there has been no interruption in maintaining the mobile or street vendor licenses of the vehicles, conveyances, or stands. The business license fee for a mobile or street vendor shall be assessed in accordance with the adopted fee schedule for the year or part thereof, payable in advance, for each vehicle, conveyance, or stand. B. Any license issued under the provisions of this chapter shall expire December 31st of the year it is issued. C. In addition to the application fee, the applicant shall pay an annual fee which shall be assessed in accordance with the adopted fee schedule to help defray the cost of screening the applicant for the license. All applicants will be subject to a background check as set forth in Chapter 5.02. Section 8. 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 9. 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 of the City of Moses Lake, WA and signed by its Mayor on August 9, 2022. _______________________________ Dean Hankins, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Moses Lake Council Packet 8-9-22, Page 147 of 149 Martinez Swartz Myers Fancher Madewell Eck Hankins Vote: Date Published: August 15, 2022 Date Effective: August 20, 2022 Moses Lake Council Packet 8-9-22, Page 148 of 149 RESOLUTION 3910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON AMENDING THE 2022 FEE SCHEDULE TO UPDATE THE FINANCE DEPARTMENT BUSINESS LICENSE FEES Recitals: 1. The City Council adopted Resolution 3873 establishing the 2022 Fee Schedule on December 14, 2021; and 2. The City Council was presented with revised business license fees for Mobile and Street Food vendors. Resolved: The following fees will be adjusted on the 2022 fee schedule: Finance application fee Mobile and street vendors application fee $155.00 $25 per quarter Finance Fees Screening fee $110.00 $0 Adopted by the City Council of Moses Lake, Washington on August 9, 2022. ______________________________ Dean Hankins, Mayor ATTEST: _________________________ Debbie Burke, City Clerk Moses Lake Council Packet 8-9-22, Page 149 of 149 Council 8-9-22 Supplement pg 73 a-e Council 8-9-22 Supplement pg 73 a-e Council 8-9-22 Supplement pg 73 a-e Council 8-9-22 Supplement pg 73 a-e Council 8-9-22 Supplement pg 73 a-e Professionalism, Integrity, Compassion & Service To: City Manager Allison Williams From: Police Chief Kevin Fuhr Date: August 1, 2022 Reference: Jail Issues Between 2015 and 2019 the City of Moses Lake witnessed crime rates decrease nearly 50%. Officers reported a clearance rate of over 40%, which is well above the state average. We booked an average of over 25 criminals a week, helping to keep our community safe and our citizens from being victimized. When the COVID pandemic started in 2020, jails were forced to restrict bookings due to the virus. It also created a workforce issue that led to less people available for critical jobs. Grant County experienced these same issues, including COVID outbreaks in the jail and staff leaving the profession due to stress and other factors. On top of the restrictions at the Jail, the sheriff’s office made the decision to shutter the Grant County Work Release facility due to staffing shortages. That facility houses roughly 70 additional prisoners. Over the past two years, we have experienced a large increase in crime throughout Moses Lake. In 2020 we saw a 12% and another 16% increase in 2021. What we have found over the past two years is that many of our crimes are committed by repeat offenders, and with the current jail restrictions and the closure of the work release facility, rarely are officers able to book criminals into jail. We are experiencing a problem of criminals knowing that they will not be booked for committing crime and being somewhat brazen when contacted by officers. We went from an average of 25 bookings per week to roughly 5 per week. Additionally, we have found that there are hundreds of people within Moses Lake that have active warrants, who when contacted, are prohibited from being booked due to jail restrictions. My suggestion would be to support the Grant County Sheriffs Office proposal to increase correction deputy wages so that they can hire the workforce needed to staff the jail and work release facility. We need to return to pre-COVID booking requirements and available bed space within the two facilities so that we can hold our criminals accountable for their actions. It is only through these means that we will see a drop in our crime rate and fewer contacts with repeat offenders. Council 8-9-22 Supplemented Page 155 Moses Lake Police Department 411 S Balsam Ave, Moses Lake, WA 98837 (509)764-3887 Professionalism - Integrity - Compassion - Service Mission Statement We, the members of the Moses Lake Police Department, are dedicated to preserving our citizen's integrity and safety by providing timely, professional, and effective police service. We recognize this mission can only be accomplished by working in partnership with our citizens to problem solve with innovative solutions. Core Values The Moses Lake Police Department's core values articulate the type of police department we are. Our Core Values are our beliefs and actions as individuals and as a department. These values establish a foundation for everything we do and are confirmed by the actions of every member of the department. We the members of the Moses Lake Police Department value •Professionalism - with character and pride •Integrity - with honesty and truthfulness •Compassion - with valor and dedication •Service - with competency and teamwork Goals of Community Outreach •Strengthen relationships between the Moses Lake Police Department and the city’s homelesscommunity by providing services and opportunity for citizens experiencing homelessness.Work with regional community groups aimed at assisting homeless individuals by providing assistance and resources. •Work in partnership with our mental health community and service providers to respond topeople in crisis needed services. Be a liaison between the MLPD and Renew. •Be an advocate and mentor to clients of the Grant County Drug Court by making monthly visitsand monitoring their progress. •In partnership with Grant County Juvenile and the Moses Lake School District, provideservices and training to at-risk youth by building relationships and being a mentor. Providinggang awareness training in an effort to keep youth from entering the criminal justice system. Moses Lake Police Department Kevin J. Fuhr, Police Chief Council 8-9-22 Supplemented page 156