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FINAL 2021 0525 Council Agenda PacketMoses Lake City Council David Curnel, Mayor | Daryl Jackson, Deputy Mayor | Mike Riggs, Council Member | Karen Liebrecht, Council Member Don Myers, Council Member | David Eck, Council Member| Dean Hankins, Council Member REMOTE ACCESS AND LIMITED IN PERSON ATTENDANCE Citizens can join this meeting remotely via phone by calling the numbers listed at the bottom of the agenda, by audio only option https://cityofml.zoom.us/j/91539733610, or by registering before the meeting date using the link for the form for in person attendance. Pre-approvals for in person attendance will be determined in the order received. Masks and social distancing will be required. Regular Meeting Agenda Tuesday, May 25, 2021, 6:30 PM Moses Lake Civic Center – 401 S. Balsam or remote access Executive Session - Potential Litigation pursuant to RCW 42.30.110(1)(i) for 30 minutes Call to Order – 7 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Summary Reports: Mayor’s Report -AWC Online Conference – Voting Delegates -Letter of Support for Columbia Basin Development League Additional Business City Manager’s Report -Comprehensive Plan/TIP Update -Federal Funding Letters of Support -Hansen Rd. Development Agreement Citizen’s Communications - Citizens who would like to address the Council can submit written comments to the City Clerk no later than 3 p.m. on the day of the meeting. Comments will be provided to Council electronically and recorded in the meeting minutes. Citizens who would like to speak on matters during the meeting will need to complete the following form no later than 3 p.m. on the day of the meeting. There will be a five-minute limit per speaker. https://lfweb.cityofml.com/Forms/Council- Speaker-Request Moses Lake Council Packet 5-25-21, Page 1 of 262 May 25, 2021, City Council Meeting Page 2 Public Hearing Due to the COVID 19 pandemic, please use the link above in citizen comment to complete a speaker request form or provide written comments to cityclerk@cityofml.com no later than 3 p.m. on the day of the meeting. #1 Neighborhood Meeting Ordinance 2973 Motion Presented by Melissa Bethel, Community Development Director Summary: Take public testimony and consider adoption Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #1 pg 9 a.City Council Meeting Minutes Dated May 11, 2021 b.Claims and Payroll c.Moses Lake School District Joint Facility Use ILA d.Set Public Hearing for Annual Six-Year TIP Resolution e.Award Valley Rd. Signal Replacement f.Accept Sydney Development MP Improvements Resolution 3854 g.Accept LAD Irrigation Well 21 Repairs h.Accept Marina View PUD Final Plat Old Business #3 Motion #4 Motion #5 Motion pg 59 2021 Budget Amendment Ordinance 2971 Presented by Cindy Jensen, Finance Director Summary: Council to review and consider adoption pg 65 Council Board Procedures Ordinance 2972 Presented by Allison Williams, City Manager Summary: Council to review and consider adoption pg 89 Maple Grove Planned Development District Ordinance 2974 Presented by Melissa Bethel, Community Development Director Summary: Council to review and consider adoption Moses Lake Council Packet 5-25-21, Page 2 of 262 pg 4 May 25, 2021, City Council Meeting Page 3 New Business #6 Motion #7 Motion #8 Motion pg 237 Douglas County Fire Protection District 5 Purchasing ILA Presented by Brett Bastian, Fire Chief Summary: Council to review and consider authorization pg 241 Misc. Sewer Repairs Bid Rejection Presented by Richard Law, City Engineer Summary: Council to review and reject any and all bids pg 243 Reinhard Short Plat Waiver, Deferral and Deviation Presented by Melissa Bethel, Community Development Director Summary: Council to review and consider approval Administrative Reports -Airport Business -Homeless Clean-up Project Council Communications and Reports Adjournment Zoom Meeting – Audio Only Please click the link below to join the webinar: https://cityofml.zoom.us/j/91539733610 Or iPhone one-tap: US: +12532158782,,91539733610# or +13462487799,,91539733610# 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: 915 3973 3610. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 764-3703 as soon as possible so that arrangements may be made prior to the meeting time. Moses Lake Council Packet 5-25-21, Page 3 of 262 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: May 19, 2021 Proceeding Type: Public Hearing Subject: Neighborhood Meeting Ordinance Legislative History: •First Presentation: Discussion 4/27/21 •Second Presentation: Ordinance Hearing 5/25/21 •Action: Motion Overview At the request of the City Council, staff has prepared a Neighborhood Meeting Ordinance which would require developers to host a neighborhood meeting when certain types of development take place. The purpose of the neighborhood meeting is to provide an opportunity for the applicant to inform the neighborhood about a project early in its planning stages and ensure the applicant pursue early citizen participation. Neighborhood meetings have been proven to be successful by giving surrounding property owners in the area an opportunity to learn about the proposals that affect them and to try to identify concerns in the early stages of the application process. This enables the applicant an opportunity to address any issues identified at the meeting before preparing plans for application. Neighborhood Meetings can help limit the amount of dollars spent on design as they happen prior to formal application process and the developer can take the neighborhood comments into consideration as part of the final design without impact to the process and permitting timeline. The Planning Commission discussed the Ordinance on February 11, 2021 and March 11, 2021 and held a public hearing on the Ordinance April 15, 2021. Comments and discussion during the three meetings included concern over the cost burden to developers in holding the meeting, a desire to limit the types of development that would require a meeting, defining “infill” and logistics of how meetings would occur. The Planning Commission unanimously recommended the Council deny the Ordinance. Council discussed the Ordinance at the 4/27/21 Council Meeting and heard comments from the Commission and public. The draft included in your packet reflects strikeouts of code the Commission recommended and underlines of additional language the Commission requested. Staff has made changes to the Ordinance which would further limit the activities requiring a neighborhood meeting. The Ordinance before you would limit neighborhood meetings to only the Moses Lake Council Packet 5-25-21, Page 4 of 262 Page 2 of 2 following uses which are adjacent or in residential zoning: Infill, PUD’s, Commercial and Mixed Use Developments. Fiscal and Policy Implications None Council Packet Attachments A. Ordinance No.2973 Committee Review The Council Finance Committee reviewed the Ordinance on March 9, 2021. The Municipal Services, Community Development, and Park, Recreation, & Cultural Services Committee reviewed the Ordinance on April 21, 2021 and May 19, 2021. Legal Review Type of Document Title of Document Date Reviewed Ordinance Neighborhood Meetings January 27, 2021 Options Option Results •Conduct Hearing and adopt as presented Neighborhood meetings would become required under the conditions of the Ordinance. •Provide staff with changes and continue hearing Staff would bring back an amended Ordinance for consideration. •Take no action Neighborhood meetings would not be required under any circumstance within City limits. Action Requested Staff recommends adoption of the Ordinance. Recommended Motion: Move to adopt Ordinance 2973, an ordinance amending Chapter 20.09 Titled “Review and Approval Process” to add a new section 20.09.015 titled “Neighborhood Meetings”. Moses Lake Council Packet 5-25-21, Page 5 of 262 ORDINANCE NO. 2973 (showing edits will be changed to legislative format on signed final) AN ORDINANCE AMENDING CHAPTER 20.09 TITLED “REVIEW AND APPROVAL PROCESS” TO ADD A NEW SECTION 20.09.015 TITLED “NEIGHBORHOOD MEETINGS” Recitals: 1. The City of Moses Lake is currently undergoing a Comprehensive Plan update; and 2. Neighborhood meetings as part of a Land Use Application are commonplace among cities; and, 3. The City of Moses Lake is experiencing unprecedented growth; and, 4. Neighborhood meetings provide the public and nearby residents an opportunity for the applicant to inform the neighborhood about the project early in its planning stages and ensure early citizen participation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Moses Lake Municipal Chapter 20.09, “Review and Approval Process”, is amended to add a new section 20.09.015, titled “Neighborhood Meetings”, as follows: 20.09.015 Neighborhood meetings. A.The purpose of neighborhood meetings is to: 1. Provide a forum for interested individuals to meet with the applicant to learn about theproposal early in the review process. 2. Provide an opportunity for meaningful public input. 3. Provide a dialogue between the applicant, citizens, and City officials whereby issuescan be identified. 4. Provide an opportunity for applicants to address concerns generated by individualsand incorporate possible changes. B.A neighborhood meeting will be required for the following when adjacent to or in residential zoning: 1. Conditional use permits; 21.Infill development; Where the development is substantial or a different use than amajority of the surrounding built environment; Moses Lake Council Packet 5-25-21, Page 6 of 262 32. Planned residential developments, PUD’s, PURD’s; 43. Mixed use developments; and 5. Preliminary plats; Subdivisions, Short Plats 64. Commercial Developments C. When a neighborhood meeting is required, it shall be conducted within the City limits by the applicant prior to submittal of a counter complete application. The applicant shall notify the City of the date and time of the meeting. Representatives from City staff may be in attendance. The applicant shall mail notice of the neighborhood meeting to the same individuals to whom notice is required for the notice of application Section 20.07.020 at least fourteen calendar days in advance of the meeting. The applicant shall provide the City with an affidavit of mailing. A sign-in sheet shall be provided at the meeting, giving attendees the option of establishing themselves as a party of record. and a summary of the attendees and comments received by the applicant shall be included in the application submittal. The neighborhood meeting is designed to provide a free and open discussion of the project between developers and the public. All discussions, proposals and statements shall not be considered legally binding. D. Applicants may choose to hold additional neighborhood meetings in order to provide an opportunity to address concerns generated, provide additional information, propose changes to plans, or provide further resolution of issues. If the applicant holds additional meetings, there is no specific requirement of notice or City attendance. However, the City shall make effort to attend meetings where appropriate and when the applicant has notified the City that additional meetings are taking place. Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on May 25, 2021. _____________________________________ David Curnel, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 5-25-21, Page 7 of 262 APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins Aye Nay Abstain Absent Date Published: June 1, 2021 Date Effective: June 6, 2021 Moses Lake Council Packet 5-25-21, Page 8 of 262 MOSES LAKE CITY COUNCIL May 11, 2021 STUDY SESSIONS WSDOT Project Presentation – Highway 17 and Grape Dr. Roundabout Jeff Deal, P.E, Assistant Project Engineer and Justin Hammond, P.E., Design Team Leader, presented the new roundabout at Highway 17 and Grape Drive. They will be sending out postcards with information about their online open house and the City will also work on solicitation of the information to the public. Comp Plan Workshop with Planning Commission Berk Consulting provided a PowerPoint presentation to review the Capital Facilities Planning and the Growth Management Act (GMA), discussed Level of Service standards. Capital Improvements, revenue and funding analysis, and next steps. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Curnel via audio only remote access. Special notices for attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Curnel, Deputy Mayor Jackson; Council Members Eck, Riggs, Liebrecht, and Hankins. Council Member Myers joined the meeting remotely. PLEDGE OF ALLEGIANCE Police Chief Kevin Fuhr led the Flag Salute. AGENDA APPROVAL Action taken: Deputy Mayor Jackson moved to approve the Agenda as presented, second by Council Member Eck. The motion carried 7 – 0. SUMMARY REPORTS MAYOR’S REPORT Groundbreaking for the Larson Rec Center The groundbreaking for the Larson Rec Center is May 12, 2021 at 10:00 am. Letter of Support for the Columbia Basin Development League The City is providing a second letter of support for the Columbia Basin Development League’s recent request for U.S. House Community Project funding for the Odessa Ground Water Replacement Program. COVID Vaccination Clinic The City of Moses Lake is holding a vaccination clinic on Friday, May 14 from 7 a.m. – 10 a.m. in the Council Chambers. Pre-registration is required. Moses Lake Council Packet 5-25-21, Page 9 of 262 CITY COUNCIL MINUTES – May 11, 2021 pg. 2 CITY MANAGER’S REPORT Bills/Claims Delayed Report Payment processing to vendors has been delayed due to issues with the new software. This should be fixed by the next meeting. Retirement of Fleet Manager Steve Hibbs Fleet Manager Steve Hibbs was recognized for his 36 years of service with the City. Water Sewer Rate Implementation Schedule There is a FAQ sheet and ad for open house dates that will be circulated in the next few cycles of utility billing and will also be emailed to Council Members. Stratford Rd. Completion Contract C&R Tractor and Landscaping has been issued a termination to their contract that their surety company has accepted. Local contractor, CWA, is willing to enter into a completion contract with the C&R’s surety. Action taken: Deputy Mayor Jackson moved to authorize City Manager Williams to execute a completion contract with CWA based on discussion tonight, second by Council Member Hankins. The motion carried 7 – 0. Grant County Health District COVID ILA The Grant County Health District (GCHD) will enter into an Interlocal Agreement with the City to cover the City’s costs for the mobile vaccination clinics. Action taken: Council Member Eck moved to authorize City Manager Williams to execute an Interlocal Agreement with GCHD for police and fire coordinated services, second by Deputy Mayor Jackson. The motion carried 7 – 0. CONSENT AGENDA #1 a. City Council meeting minutes dated April 27, 2021 b. Payroll Checks 63687 through 63693 in the amount of $3,285.11; and Electronic Payments dated April 30, 2021 in the amount of $489,150.64 c. D&L Foundry Wastewater Discharge Permit d. Grant County Sheriff Marine Patrol ILA e. Accept Surf ‘n Slide Water Park Pool Liner Project Action taken: Council Member Riggs moved to approve the Consent Agenda as presented, second by Council Member Myers. The motion carried 7 – 0. NEW BUSINESS #2 Council and Board Procedures Ordinance – First Presentation The new draft of the Council Board and Procedures represents standards for Moses Lake’s government practices in a single document. It is a comprehensive collection of state regulations, local meeting rules, coordinated procedures, administrative references, Moses Lake Council Packet 5-25-21, Page 10 of 262 CITY COUNCIL MINUTES – May 11, 2021 pg. 3 and public hearing procedures related to the Council/Manager form of local government. #3 Continuity of Operation Plan Resolution 3853 This is a living document that allows the City to maintain delivery of essential functions to the community during and following an emergency or disaster. It will be updated periodically as buildings and functions change throughout the City. Action taken: Council Member Eck moved to adopt Resolution 3853, second by Deputy Mayor Jackson. The motion carried 7 – 0. #4 District Court Amnesty Program The amnesty program is a one-time opportunity to pay off tickets at a reduced rate of 50% from June 1 through June 30, 2021. This should decrease the number of court appearance requests that have been backlogged during the municipal court shutdown. Action taken: Council Member Hankins moved to approve the District Court amnesty program as presented, second by Deputy Mayor Jackson. The motion carried 7 – 0. #5 Expanding Homeless Assistance Programs There are remaining COVID funds being recommended to be utilized to provide a Rapid Re-Housing and Hotel Voucher program for Homeless Assistance. Staff worked with the Ad Hoc Homeless committee, issued a request for proposal, and as a result the City has developed a scope of work and budget for these two programs that identify the services to be provided by HopeSource. Action taken: Council Member Hankins moved to authorize the City Manager to execute the contract with HopeSource as presented, second by Council Member Riggs. The motion carried 7 – 0. #6 2021 Budget Amendment Ordinance – First Presentation The first budget amendment of 2021 is a combination of 2020 programs being carried forward, and new grants or initiatives since the 2021 budget was set. ADMINISTRATIVE REPORTS Police Annual Report This report can be viewed on the Moses Lake Police Department’s webpage. Director Update The Municipal Services Director position is going to be reopened and the Finance Director position has been extended to June 1. COUNCIL COMMUNICATIONS AND REPORTS Council Member Jackson discussed the striping on Stratford Rd and announced that he would not be filing for reelection to Council his position this year. ADJOURNMENT The regular meeting was adjourned at 7:53 p.m. Moses Lake Council Packet 5-25-21, Page 11 of 262 CITY COUNCIL MINUTES – May 11, 2021 pg. 4 ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 5-25-21, Page 12 of 262 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Council Meeting Date: May 25, 2021 Proceeding Type: Consent Agenda Subject: Semi-Monthly Disbursement Report The following amounts were budgeted and sufficient funds were available to cover these payments: Claim Checks 151861 - 152018 $1,194,624.88 Payroll Checks 0063694 - 0063704 $5,724.89 Electronic Payments Payroll ACH –5/14/2021 $472,647.46 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 5-25-21, Page 13 of 262 Moses Lake Council Packet 5-25-21, Page 14 of 262 Moses Lake Council Packet 5-25-21, Page 15 of 262 Moses Lake Council Packet 5-25-21, Page 16 of 262 Moses Lake Council Packet 5-25-21, Page 17 of 262 Moses Lake Council Packet 5-25-21, Page 18 of 262 Moses Lake Council Packet 5-25-21, Page 19 of 262 Moses Lake Council Packet 5-25-21, Page 20 of 262 Moses Lake Council Packet 5-25-21, Page 21 of 262 Moses Lake Council Packet 5-25-21, Page 22 of 262 STAFF REPORT To: Allison Williams, City Manager From: Susan Schwiesow, Parks, Recreation & Cultural Services Director Date: May 20, 2021 Proceeding Type: Consent Agenda Subject: ML School District Joint Facility Use Agreement Legislative History: • First Presentation: May 25, 2021 • Second Presentation: • Action: Motion Overview The Joint Use Agreement with the Moses Lake School District expires the end of May. The document is designed to be reviewed and updated on an annual basis. The only changes made to the current agreement are the applicable dates and extended the agreement from an annual agreement to a five year agreement. This new agreement will begin on June 1, 2021, and expire on May 31, 2026. City and District facilities will be updated annually. Fiscal and Policy Implications N-A Council Packet Attachments A. Proposed Interlocal Agreement Finance Committee Review N-A Legal Review Type of Document Title of Document Date Reviewed Interlocal Agreement MLSD Facilities Use ILA April 27, 2021 Options Option Results • Authorize as presented Joint use of facilities will continue • Take no action No joint use of facilities Action Requested Staff recommends acceptance of the Interlocal Agreement with the Moses Lake School District. Moses Lake Council Packet 5-25-21, Page 23 of 262 Moses Lake Council Packet 5-25-21, Page 24 of 262 Moses Lake Council Packet 5-25-21, Page 25 of 262 Moses Lake Council Packet 5-25-21, Page 26 of 262 Moses Lake Council Packet 5-25-21, Page 27 of 262 Moses Lake Council Packet 5-25-21, Page 28 of 262 Moses Lake Council Packet 5-25-21, Page 29 of 262 Moses Lake Council Packet 5-25-21, Page 30 of 262 Moses Lake Council Packet 5-25-21, Page 31 of 262 Moses Lake Council Packet 5-25-21, Page 32 of 262 Moses Lake Council Packet 5-25-21, Page 33 of 262 Moses Lake Council Packet 5-25-21, Page 34 of 262 Moses Lake Council Packet 5-25-21, Page 35 of 262 STAFF REPORT To: Allison Williams, City Manager From: Richard Law, City Engineer Date: May 20, 2021 Proceeding Type: Consent Agenda Subject: Set Public Hearing for Six-Year Transportation Improvement Program Resolution Legislative History: • First Presentation: May 25, 2021 • Second Presentation: • Requested Action: Motion Overview The City Council should consider setting the date for a public hearing to discuss the City’s Six-Year Transportation Improvement Program (TIP). Annually, the City is required to present the TIP to the public and allow comments to be heard and incorporated into the program. The TIP is sent to Regional, State, and Federal planning organizations to form lists of transportation needs and is due by June 30 each year. Fiscal and Policy Implications Only projects listed on the City’s TIP are eligible for Federal Funding. If a TIP is not approved, the City will not be eligible to receive any Federal transportation grants. Council Packet Attachment – Proposed Project List Finance Committee Review N/A Legal Review N/A Options Option Results • Motion to set the date for a public hearing. A public hearing will be set and the City will be one step closer to adopting the annual TIP • Take no action. A date for a public hearing will be set at a later date and will require a special meeting Action Requested Staff recommends City Council set a date for a public hearing to discuss the TIP and collect public comment on June 22, 2021. Moses Lake Council Packet 5-25-21, Page 36 of 262 Priority Level Project Name Project Description Benefit to Moses Lake or Priority Reason Primary Benefit (Local/Regional)Total Cost Annual Annual Gravel Road Paving Program Gravel roads that have plans for paving. Maybe add dedicated annual funding source for road paving.Local $ 500,000 Annual Citywide Crack Seal and Chip/Slurry Seal Roadway maintenance annual investment Local $ 1,000,000 Annual ADA Ramp Reconstruction Misc. Sidewalks ADA transition plan annual investment, often combined with stormwater upgrade projects.Local $ 100,000 2022-2023 Valley Road Reconstruction Stratford Rd to Paxton Drive Mill and fill. Local $ 1,500,000 2022-2023 Valley Road Road Diet Revise striping on Valley Road between Central Drive and Airway Drive to change from a four-lane road to a three-lane road with bicycle lanes and a center turn lane. Retain existing parking/shoulder between Airway Drive and Paxson Road.Improves safety, connectivity, and mobility Local Part of Valley Rd Reconstruction 2022-2023 SR 17/Grape Dr Roundabout Gateway Treatment $ 200,000 2022-2023 Yonezawa Blvd East of HWY 17 and Moses Lake Avenue Extend Yonezawa Blvd to serve school, future development Improves connectivity and future mobility Local $ 2,000,000 2022-2023 Wheeler Road and Road L Intersection Intersection control feasibility study Local $ 30,000 2022-2023 Division St and Nelson Rd Intersection Intersection control feasibility study Local $ 30,000 2022-2023 East Broadway Study From Pioneer to SR 17. RAB at Pioneer. Regional $ 50,000 2022-2023 Wheeler Road Corridor Study SR 17 to Road N NE Curb, ramps, sidewalk or separated shared use path Regional $ 30,000 2022-2023 Division St Road Diet Extend road diet lane configuration into downtown Local Part of 2022 chip seal program 2022-2023 4th Avenue Road Diet Revise striping on 4th Avenue between Dogwood Street and Alder Street to change from a four-lane road with parking to a three-lane road with parking, bicycle lanes, Improves safety, connectivity, and mobility Local Part of 2022 chip seal program 2022-2023 3rd Avenue Road Diet Revise striping on 3rd Avenue between W Broadway to Beech Street and Alder Street to Block Street to change from a four-lane road with parking to a three-lane Improves safety, connectivity, and mobility Local Part of 2022 chip seal program 2024-2027 Broadway Ave & Stratford Rd Intersection Improvements Revise striping to add protected right-turn lane for WB Broadway to NB Stratford; revise signal timing to make length of signal phases more efficient Improves mobility Local $ 75,000 2024-2027 SR 17 and Randolph Road Intersection Signalization Add traffic signal Improves mobility and safety Regional $470,000 (2019) 2024-2027 Stratford Road and SR 17 Intersection Signalization and Interchange Improvements Add traffic signal at Stratford Road and SR 17 SB Ramps intersection, add southbound right-turn lane at Stratford Road and SR 17 NB Ramps intersection, Improves safety, connectivity, and mobility Regional $2,100,000 (2019) 2024-2027 Gateway Treatments Lakeshore Ave/Broadway Drive Local $ 459,000 2024-2027 Westshore Dr and Hanson Rd Reconstruction Frontage Rd to Mae Valley Frontage improvements Improves safety and connectivity Local $ 1,000,000 2024-2027 Wheeler Road Improvements SR 17 to Road N NE Curb, ramps, sidewalk or separated shared use path Improves safety, connectivity, and mobility Regional $ 1,000,000 2024-2027 3rd Ave Reconstruction Dogwood St to Pioneer Way Widen sidewalks, road diet. Extend "downtown feel".Local $ 4,000,000 2024-2027 Hill Avenue Road Diet Revise striping on Hill Avenue between Clover Drive and Division Street to change from a four-lane road with parking to a three-lane road with parking, bicycle lanes, Improves safety, connectivity, and mobility Local Part of 2023 or 2024 chip seal 2024-2027 5th Avenue Road Diet Revise striping on 5th Avenue between Division Street and Pioneer Way to change from a four-lane road to a three-lane road with buffered bicycle lanes and a center Improves safety, connectivity, and mobility Local Part of 2023 or 2024 chip seal Future Valley Rd & Central Dr Roundabout Construct multi-lane roundabout (need dependent on future development)Improves mobility and safety Local $2,800,000 (2019) Future Broadway Revitalization 300 acres of under utilized along corridor. Tax increment financing district (TIF). Landscaping and streetscaping. Regional TBD seeking funding Future Additional Lake Crossing - Motor Vehicle Bridge Location TBD Improves mobility Regional $ 42,000,000 Future Separated bike lanes on wide roads Local TBD ATP Big Bend Community College Trail - Segment 1 Add paved pedestrian/bicycle trail along SR 17 between Big Bend Community College and Patton Boulevard Improves safety, connectivity, and mobility Regional $1,700,000 (2019) ATP Big Bend Community College Trail - Segment 2 Add paved pedestrian/bicycle trail along SR 17 between Patton Boulevard and Grape Drive Improves safety, connectivity, and mobility Regional $960,000 (2019) ATP Big Bend Community College Trail - Segment 3 Add paved pedestrian/bicycle trail along SR 17 between Grape Drive and Stratford Road Improves safety, connectivity, and mobility Regional $770,000 (2019) ATP Central Washington Railroad ROW Acquisition S City Limits to N City Limits Acquire ROW from railroad when operations cease; future shared use path Improves safety, connectivity, and mobility $ 2,000,000 Moses Lake Council Packet 5-25-21, Page 37 of 262 ATP Additional Lake Crossing - Pedestrian Bridge At Dogwood Improves connectivity Regional TBD ATP Stratford Road Bridge Shift lanes east and increase sidewalk width on west side of bridge.Improves safety, connectivity, and mobility Local TBD ATP Montlake Park Trail Construct a new trail from Montlake Park to W Lakeside Drive.Improves connectivity Local TBD ATP Power Point Park Trails Connect Power Point Park to Division Street and Montlake Park through Grant PUD right of way.Improves connectivity Local TBD ATP Three Ponds Wetland Park Trail Develop trail along the south side of the Three Ponds Wetland Park within dedicated right of way Improves connectivity Local TBD ATP Nelson Road Safe Routes to School Sidewalk on Nelson Road from SR 17 to Hamilton Road Improves connectivity TBD ATP Alley treatments Change alleys into pedestrian corridors Improves connectivity TBD TBD Mae Valley Projects TBD TBD *ATP = Active Transportation Program Moses Lake Council Packet 5-25-21, Page 38 of 262 STAFF REPORT To: Allison Williams, City Manager From: Richard Law, City Engineer Date: May 12, 2021 Proceeding Type: Consent Agenda Subject: Award Valley and Central Signal Cabinet Replacement Project -2021 Legislative History: • First Presentation: May 25, 2021 • Second Presentation: • Action: Motion Overview Staff received a bid for the Valley and Central Signal Cabinet Replacement Project -2021 on May 11, 2021. The City had advertised for bids to be opened on May 5 and received no proposals. The City then contacted several contractors directly and received one bid. The low bid was $44,000 and the Engineer’s Estimate was $30,000.00. The low bidder, Northeast Electric, LLC of Woodland, WA has done several signal and other electrical contracts for the City and have always provided excellent work. Fiscal and Policy Implications The project will require budgeted funds to be spent. The award amount is within the City Manager’s delegated authority, however, confirmation from the Council is sought to confirm the award. Council Packet Attachment – Project Proposal Finance Committee Review N/A Legal Review N/A Options Option Results • Authorize as presented Staff will move forward with executing a contract with the low bidder to complete the work. • Take no action. Staff will stop working on this project and wait for further direction from City Council. Action Requested Staff recommends awarding the Valley and Stratford Signal Cabinet Project -2021 in the amount of $44,000.00. Moses Lake Council Packet 5-25-21, Page 39 of 262 Moses Lake Council Packet 5-25-21, Page 40 of 262 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Richard Law PE, City Engineer Date: May 12, 2021 Proceeding Type: Consent Agenda Subject: Accept Sydney Development MP Improvements Resolution Legislative History: • First Presentation: May 25, 2021 • Second Presentation: • Action: Motion Overview The platting regulations require all the street and utility improvements installed in right of way and municipal easements to be accepted by City Council or bonded for prior to recording the plat and issuing building permits. The construction plans are required to be reviewed and approved by the City prior to construction. All the construction work is inspected to assure compliance with the construction plans and city standards. The street and utility improvements in place will serve a thirty-one (31) lot residential subdivision. Fiscal and Policy Implications Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. A Subdivision Maintenance Bond or other approved security in the amount of $293,000.00 (50% of total costs of $586,000.00) to the City is required to be provided by the owners for the two- year maintenance period which commences on the date of acceptance of the improvements by the City Council. Council Packet Attachments A. Site Map B. Resolution Finance Committee Review N-A Moses Lake Council Packet 5-25-21, Page 41 of 262 Page 2 of 2 Legal Review N-A Options Option Results • Adopt the resolution as presented The improvements will be accepted and the plat can be completed. • Modify the resolution Action would require staff to bring a revised resolution to Council for consideration. • Take no action. The City will not accept the plat improvements and the plat could not be completed. Action Requested Staff recommends City Council adopt the resolution as presented. Moses Lake Council Packet 5-25-21, Page 42 of 262 Moses Lake Council Packet 5-25-21, Page 43 of 262 RESOLUTION NO. 3854 A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF SYDNEY DEVELOPMENT MAJOR PLAT Recitals: 1. Street and Utility improvements, lying in dedicated right-of-way or easements, are in place and connected to the City of Moses Lake’s street and utility systems as part of Sydney Development Major Plat. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards, such facilities being completed in May 2021. 3. RCW 35.90.030 indicates that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. Resolved: 1. The City Council of the City of Moses Lake accepts the street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After May 25, 2021, all further maintenance and operation cost of said street and utility improvements, shall be borne by the City of Moses Lake, as provided by city ordinance. ACCEPTED by the City Council on May 25, 2021. ______________________________ David Curnel, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk Moses Lake Council Packet 5-25-21, Page 44 of 262 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Michael G. Moro, Public Works Division Director Date: May 17, 2021 Proceeding Type: Consent Agenda Subject: Accept work on “2021 Well 21 Repair” contract Legislative History: • First Presentation: May 25, 2021 • Second Presentation: • Action: Motion Overview Repairs are complete to Well 21. The work included pulling 400 LF of 6-inch pipe, cable, airline, and transducer sleeve so that the submersible pump could be replaced. And during this contracted work, conditions of the pipe, cable, airline, and transducer sleeve were inspected and determined that they need to be replaced, which work was included in Change Order No. 1. The final cost of the completed work is $53,827.72. We request the work to be accepted. Fiscal and Policy Implications Budgeted monies for well repairs will be spent. Council Packet Attachments A. Acceptance memo for City Manager’s signature Finance Committee Review N-A Legal Review N/A Moses Lake Council Packet 5-25-21, Page 45 of 262 Page 2 of 2 Options Option Results • Move to accept work for Well 21 repairs Work on Well 21 Repairs will be accepted and City Manager is authorized to sign the acceptance memo. • Do not accept the work on Well 21 The contractor will be notified of additional requirements before the work on Well 21 Repairs are accepted. Action Requested Staff recommends City Council to accept work on “2021 Well 21 Repair” contract, and authorize City Manager to sign the acceptance memo. Moses Lake Council Packet 5-25-21, Page 46 of 262 MEMORANDUMMay 13, 2021To: City ManagerFrom: Public Works Division DirectorRE: 2021 Well 21 RepairCONTRACT NO. 411.2021.01ACCEPT PROJECTThe contractor for the 2021 Well 21 Repair contract. Lad Irrigation Company, Inc., hascompleted all work. The work included pulling the pump, replacing the pump, motor,wire, and mobilization.The final cost of the project is $53, 827.72, which corresponds with Change Order No. 1.We request the project to be accepted.ACCEPTED BY: Allison Williams, City Manager Date of acceptancecc: Water Services ManagerMoses Lake Council Packet 5-25-21, Page 47 of 262 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: May 20, 2021 Proceeding Type: Consent Agenda Subject: Marina View Planned Unit Residential Development Legislative History: • First Presentation: October 27, 2020 • Second Presentation: May 25, 2021 • Action: Motion Overview Moses Lake Municipal Code requires City Council to give final approval of the binding site plan of Planned Unit Residential Developments (or Planned Development Districts) MLMC 18.67.150 On October 27, 2020, City Council adopted the Hearing Examiner’s recommendation and conditions of approval and adopted Ordinance 2958 establishing Marina View PURD zone. The applicant has met all the conditions of approval and the Planned Unit Residential Development is ready for final approval. Fiscal and Policy Implications N/A Council Packet Attachments A. Ordinance 2958 B. Marina View BSP map Finance Committee Review N-A Legal Review N-A Moses Lake Council Packet 5-25-21, Page 48 of 262 Page 2 of 2 Options Option Results • Approve as presented The binding site plan will be recorded with the Grant County Auditor and building permits can be issued. • Provide staff with changes The development will be delayed. • Take no action The applicant will not be able to continue with the development. Action Requested Recommended Motion: Approve the Marina View PURD. Moses Lake Council Packet 5-25-21, Page 49 of 262 Moses Lake Council Packet 5-25-21, Page 50 of 262 Moses Lake Council Packet 5-25-21, Page 51 of 262 Moses Lake Council Packet 5-25-21, Page 52 of 262 Moses Lake Council Packet 5-25-21, Page 53 of 262 Moses Lake Council Packet 5-25-21, Page 54 of 262 Moses Lake Council Packet 5-25-21, Page 55 of 262 Moses Lake Council Packet 5-25-21, Page 56 of 262 Moses Lake Council Packet 5-25-21, Page 57 of 262 Moses Lake Council Packet 5-25-21, Page 58 of 262 Page 1 of 2 STAFF REPORT To: From: Date: Proceeding Type: Subject: Allison Williams, City Manager Cindy Jensen, Finance Director May 20, 2021 Old Business 2021 Budget Appropriation Ordinance Legislative History: •First Presentation: •Second Presentation: May 11, 2021 May 25, 2021 •Requested Action: Motion Overview The first budget amendment in 2021 is a combination of 2020 programs being carried forward, and new grants or initiatives since the 2021 budget was set. In some cases, there is additional revenue to support the additional expenditures, either in program revenues or grants. In those cases that are not supported by additional revenue, the fund balance is adequate to absorb the increase. The attached ordinance increases the 2021 budget for 8 funds resulting in citywide total expenditures of $1,671,650 and adds $115,000 to estimated revenue, resulting in a net use of fund balance of $1,556,650 in these funds. General Fund is proposed to increase by $366,650, with a revenue increase of $40,000, for a net use of beginning fund balance of $326,650. RCW 35.33.091 sets forth the requirements to amend the budget absent a true “emergency”. Often, fund amendments are primarily the result of things already approved by Council but just not completely incorporated in the current budget. Examples in the attached ordinance include Shoreline Master Plan and development code plans. Budgets being carried forward include the completion of the 2019 audit; the balance remaining in the Wellness budget; completion of the Comprehensive Plan; replacement of the Aquatic Center sound system; Museum exhibit/program funding; TRT support equipment; Homeless services commitments; the automated water meter project; vehicle purchases; and the completion of the financial and fixed asset systems that were on order or in progress at the end of 2020. New circumstances have also arisen that require additional funding, such as the needs identified in a review of airport operations. The Streets budget has a budget for 3 street plowing events per year. Since we have already had 2 such events in 2021, we are proposing to carryforward the unspent budget from 2020, in case there are 2 more heavy snows requiring plowing prior to this year-end. The schedule attached to the appropriation ordinance details all the changes. Moses Lake Council Packet 5-25-21, Page 59 of 262 Page 2 of 2 Fiscal and Policy Implications It is a compliance issue to have actual results be within the authorized appropriation. If we overspend an appropriation, the State Auditor’s Office would likely note it as an area of non- compliance with state laws. Council Packet Attachments A. Ordinance and Schedule 1 Finance Committee Review May 11, 2021 Legal Review N-A Options Option Results • Adopt the Ordinance Increase the appropriation authority in each of the effected funds. • Modify the Ordinance Certain items could be removed or added to the ordinance • Do not pass the Ordinance Some funds may exceed the 2021 budget authority, potentially causing an audit compliance issue. Action Requested Staff recommends City Council adopt the Ordinance as presented. Moses Lake Council Packet 5-25-21, Page 60 of 262 ORDINANCE NO. 2971 AN ORDINANCE AMENDING THE 2021 BUDGET FOR THE CITY OF MOSES LAKE; AND MAKING APPROPRIATIONS FROM UNAPPROPRIATED FUND BALANCES WITHIN VARIOUS FUNDS FOR EXPENDITURE DURING 2021 FOR VARIOUS PURPOSES AS DESCRIBED IN THE ATTACHED SCHEDULE Recitals: 1. The various funds indicated on the attached Schedule 1 contain Unappropriated Fund Balances available for appropriation and expenditures during 2021 in various amounts and for the purposes mentioned in the attached Schedule. 2. At the time of the adoption of the 2021 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Appropriations are hereby made, for expenditure during 2021, from Unappropriated Fund Balances in the various Funds to the various accounts and in the various amounts, and for the specific purposes, all as specified in the Schedule attached hereto and incorporated herein. Section 2. This ordinance is one making an appropriation and shall take effect immediately upon its passage and approval as provided by law. Section 3. The City Council declares that an emergency exists and this ordinance is deemed a public emergency ordinance necessary for the protection of public health, public safety, public property, or public peace and shall take effect immediately as provided by law upon one reading if a majority plus one of the whole membership of the City Council vote in favor of passage. Section 4. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on May 25, 2021. ______________________________________ David Curnel, Mayor Moses Lake Council Packet 5-25-21, Page 61 of 262 ATTEST: ____________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _____________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins Aye Nay Abstain Absent Date Published: June 1, 2021 Date Effective: June 6, 2021 Moses Lake Council Packet 5-25-21, Page 62 of 262 Account #Account Name Amount Description GENERAL FUND Executive 001-002-51810-0112 Temporary Salaries 22,000$ Human Resources backlog 001-002-51810-0411 Professional Services 20,000 Union Bargaining Support Finance 001-003-51423-0112 Temporary Salaries 12,000 Finance Backlog 001-003-51423-0411 Professional Services 75,000 Finish 19 audit-prepare 20 Financial Stmts Community Development 001-004-55860-0411 Professional Services 140,000 Comp, Shoreline, development code plans Misc. Services 001-006-51790-0411 Wellness-Professional Service 7,300 Carryforward balance of Wellness Budget 001-006-51890-0491 Minor Equipment 25,000 Downtown Business Support 001-006-51890-0491 Miscellaneous 3,350 Add ML to EDC statistic report Parks, Recreation & Cult Svcs 001-020-59476-0631 Improvements other than Bldgs 62,000 Aquatic Center Sound System Replacement Total General Fund Expenditures 366,650 Revenue 001-004-33458-1010 State Commerce Grant 40,000 Grant for Comprehensive Plan Prep. Net use of General Fund balance 326,650 GRANTS & DONATIONS Museum 103-103-57530-0411 Museum-Professional Services 10,000 Museum Exhibits/programs Police 103-103-52123-0351 Minor Equipment 70,000 TRT support equipment Total Grant & Donations Fund 80,000 HOMELESS SERVICES Expenditure 110-110-56540-0411 Professional Services 121,000 Homeless Program carryforward Revenue 110-000-33321-1000 Emergency Housing Grant 75,000 Net use of Homeless Services balance 46,000 STREETS (Operating) 116-116-54266-0483 Snow & Ice Control-contractor 30,000 Cover one snow plowing event WATER (Operating) 410-411-59434-0645 Water Meters 330,000 Carryforward Automated Meter project AIRPORT 495-495-54680-0411 Professional Services 40,000 Update Master Plan, etc. 495-495-54680-0483 Repair and Maintenance 10,000 Crack Seal Project 495-495-59446-0639 Other Capital Improvements 10,000 Replace Broken Beacon Pole Total Airport Fund 60,000 FLEET MANAGEMENT 519-519-59448-0641 Machinery & Equipment 60,000 3/4 Ton Truck-Building Maintenance 519-519-59448-0641 Machinery & Equipment 248,000 Flush truck/tanker-Streets/Stormwater 519-519-59448-0641 Machinery & Equipment 236,000 Replacement Ambulance Total Fleet Management Fund 544,000 City of Moses Lake 2021 Appropriation Schedule SCHEDULE 1 Appropriate out of unappropriated fund balances of the various funds and in the various amounts and for the purposes as described: 1 of 2 Moses Lake Council Packet 5-25-21, Page 63 of 262 Account #Account Name Amount Description City of Moses Lake 2021 Appropriation Schedule SCHEDULE 1 Appropriate out of unappropriated fund balances of the various funds and in the various amounts and for the purposes as described: CENTRAL SERVICES (IT) 517-517-51888-0354 Computer Software 120,000 Fin. System replacement (carryfwd & Amend ) 517-517-51888-0354 Computer Software 20,000 Cityworks-Carryforward & Interfaces Total Central Services Fund 140,000 Citywide Total Expenditures 1,671,650$ Revenues 115,000 Net 1,556,650$ 2 of 2 Moses Lake Council Packet 5-25-21, Page 64 of 262 Page 1 of 2 STAFF REPORT To: Mayor and City Council From: Allison Williams, City Manager Date: May 17, 2021 Proceeding Type: New Business Subject: Council and Board Procedures Ordinance 2972 Legislative History: • First Presentation: May 11, 2021 • Second Presentation: May 25, 2021 • Action: First Presentation Overview The Council has the authority to adopt home rules to assist in the consistent, efficient, and transparent process to carry out their role as an elected official. The first Rules of Governance were adopted on March 8, 2016, and then amended twice shortly thereafter to include the membership of appointed Boards & Commissions. The new draft represents standards for Moses Lake’s government practices in a single document. It is a comprehensive collection of state regulations, local meeting rules, coordinated procedures, administrative references, and public hearing procedures related to the Council/Manager form of local government. Following discussion from Council on May 12, staff updated the draft Ordinance and separated the prior 2.08.020(C) into separate sections of C, D, and E. Fiscal and Policy Implications Having rules in place that the Council, Boards, and Commissions follow also sets a good example for staff to follow the employee policies which bears an impact on the ability to manage and retain staff. Council Packet Attachments A. Draft Ordinance Finance Committee Review N-A Moses Lake Council Packet 5-25-21, Page 65 of 262 Page 2 of 2 Legal Review Type of Document Title of Document Date Reviewed Ordinance Rules of Governance April 13, 2021 Options: Option Results • Adopt Ordinance as presented The new rules will be codified and easily accessible to Council, staff, and citizens. • Provide staff with changes Staff will update the draft document to be presented for adoption at a future meeting. • Take no action The existing Code and Rules of Governance will remain in place. Action Requested Staff recommends City Council adopt the Ordinance establishing the new Rules of Governance as presented. Moses Lake Council Packet 5-25-21, Page 66 of 262 ORDINANCE NO. 2972 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE TO ADOPT NEW RULES FOR MEETING PROCEDURES. Recitals: 1. The City Council adopted Resolutions 3597, 3602, and 3605 formulating meeting rules. 2. Staff have researched other models used and present a new codified version of the rules. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Prior rules adopted by Council resolution are repealed. Section 2. MLMC Section 2.36 has been incorporated to the new Code and is repealed in its entirety. Section 3. MLMC Section 2.92 has been incorporated to the new Code and is repealed in its entirety. Section 4. MLMC Section 2.08 is repealed and replaced with the attached Rules of Governance. 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 May 25, 2021. _____________________________________ David Curnel, Mayor ATTEST: _________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 5-25-21, Page 67 of 262 APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins Aye Nay Abstain Absent Date Published: June 1, 2021 Date Effective: June 6, 2021 Moses Lake Council Packet 5-25-21, Page 68 of 262 Ordinance 2972, Exhibit A City Council, Boards, Commissions, Committees Rules of Governance Sections: Article I. Council Procedures 2.08.010 Purpose of this Article. 2.08.020 Council Representation. 2.08.030 Meeting Dates and Times. 2.08.040 Agenda Preparation. 2.08.050 Meeting Agenda. 2.08.060 Proclamations. 2.08.070 Public Hearings. 2.08.080 Executive Sessions. 2.08.085 Closed Sessions. 2.08.090 Study Sessions and Workshops. 2.08.100 Other Special Meetings. 2.08.110 Broadcasting. 2.08.120 Recording Proceedings. 2.08.130 Meeting Attendance. 2.08.140 Council Seating. 2.08.150 Quorum. 2.08.160 Presiding Officer. 2.08.170 Council Discussion. 2.08.180 Voting. 2.08.190 Council Vacancy. Article II. Interaction between City Council, City Manager, and City Staff 2.08.400 Purpose of this Article. 2.08.410 Respect. 2.08.420 Roles. 2.08.430 Requested Written Material. 2.08.440 Personnel Selection. 2.08.450 City Department Noninterference. 2.08.460 Mail Delivery. 2.08.470 Confidential Mail. 2.08.480 Individual Council Member Directed Actions. 2.08.490 Council Member Requests for Information. 2.08.500 Staff Assistance for Council Members. Article III. Council Committees 2.08.600 Definition and Scope of Council Standing Committees. 2.08.610 Committee Attendance. 2.08.620 Composition of the Council Committees. 2.08.630 Council Committee Meeting Schedules. 2.08.640 Ad Hoc Council Committees Moses Lake Council Packet 5-25-21, Page 69 of 262 Page 2 of 20 Article IV. Advisory Bodies 2.08.700 Purpose of this Article. 2.08.710 Citizen Advisory Boards and Commissions Created. 2.08.720 Authority and Intent – Governing Law. 2.08.730 Non-Discrimination – Compensation. 2.08.740 Appointment and Confirmation Process. 2.08.750 Reappointment. 2.08.760 Vacancy or Removal. 2.08.770 Chair and Vice Chair. 2.08.780 Meetings, Reports and Attendance. 2.08.790 Quorum. 2.08.800 Lodging Tax Advisory Committee Specific Requirements. 2.08.810 Parks, Recreation, and Cultural Services Advisory Board Specific Requirements. 2.08.820 Planning Commission Specific Requirements. 2.08.830 Municipal Airport Advisory Board Specific Requirements. 2.08.840 Council Concerns About Recommendations. 2.08.850 Removal of Members. 2.08.860 Committee Operations and Records. 2.08.870 Lobbying Efforts Consistent with City Policy. Article V. Conflicts and Violations 2.08.900 Conflicts. 2.08.910 Violation. Article I. Council Procedures 2.08.010 Purpose of this Article: The purpose of this part is to establish formal procedures for the conduct for Council meetings. 2.08.020 Council Representation: A. Council will accept nominations and elect the positions of Mayor and Deputy Mayor at the first meeting of even numbered years. Where one position becomes vacant, the remaining members of the governing body shall appoint another Council Member to the vacant position. (RCW 42.12.070) B. The Mayor shall have no regular administrative duties, but in time of public danger or emergency, if so authorized by the City Council, shall take command of the police, maintain law, and enforce order. C. Council Members are issued an electronic device for access to electronic documents and city email accounts and are subject to follow the electronic device, network usage, personal use of City owned property, and social media employee policies. D. All Council Members shall represent the City and their position in an appropriate professional manner. Moses Lake Council Packet 5-25-21, Page 70 of 262 Page 3 of 20 E. If a Council Member appears on behalf of the City before another governmental agency, another organization, through the media or otherwise, and speaks to an issue on which the Council has taken a position, the Council Member will state the majority position of the Council, if known, on such issue. Personal opinions and comments which differ from the Council majority may be expressed if the Council Member clearly states that these statements do not represent the Council’s position. Any correspondence with the media shall be communicated to all members of the Council and City Manager. F. Operating as a Council-Manager form of government, the City Manager is tasked with carrying out the policy direction and work of the City Council through the direction of the department directors. Council Members may access department directors when there is a question about a project or more in-depth information is needed on a topic, however, the direction of work should come through the City Manager. (RCW 35A.13.120) 2.08.030 Meeting Dates and Times: A. Regular City Council meetings are held on the second and fourth Tuesdays of each month in the City Council Chambers on the first floor of the Civic Center at 401 S. Balsam St., Moses Lake, Washington. Regular meetings start at 7:00 p.m. Meetings will be held in-person unless otherwise noticed on the agenda. B. No Council meeting should be permitted to continue beyond 10:00 p.m. without approval of a majority of the Council Members. A new time limit must be established before extending the meeting. In the event that a meeting has not been closed or continued by Council, the items not acted on shall be deferred to the next Council meeting, unless the Council determines otherwise. C. In the event a City-recognized holiday falls on the second Tuesday, the Council meeting shall be moved to the following day. The City Council may, at any time, add or change a meeting date and time by a majority vote of the Council and proper notification pursuant to RCW 42.30.080. D. In the event of emergency, such as a fire, threatened violence, or inability to maintain order, the Mayor shall declare the meeting adjourned or continued and the Council Members shall immediately leave the meeting area. E. A regular meeting may be canceled by a majority vote of the City Council at the previous meeting before said meeting. 2.02.040 Agenda Preparation: A. General Information. The City Clerk will prepare an agenda for each Council meeting specifying the time and place of the meeting, and set forth a brief general description of each item to be considered by the Council. B. Adding an Item to a Published Agenda. An item may not be placed on a regular Council meeting agenda after the agenda is closed and a notice published, except as authorized by the City Manager or City Council. C. Agenda Finalization Schedule. Agenda materials will be available online on the Friday prior to the meeting. Agenda items are due by 4:00 p.m. the day before packet is distributed. Agenda items submitted after the agenda is published will be processed for the next Council meeting packet. Moses Lake Council Packet 5-25-21, Page 71 of 262 Page 4 of 20 2.08.050 Meeting Agenda: An item may be placed on a Council meeting agenda, in advance of posting an agenda, by any of the following method by: majority vote of the Council; Council consensus; any three (3) Council Members; the City Manager; a Council Committee; or the Mayor. The business of all regular meetings of the Council shall be transacted as follows: provided, however, that the Mayor/Deputy Mayor may, during a Council meeting, rearrange items on the agenda to conduct the business before the Council more expeditiously. A. Call to Order by the Mayor B. Roll Call C. Pledge of Allegiance D. Approve the Agenda E. Presentation F. Summary Reports: Mayor, Council, and City Manager G. Citizen Comment H. Public Hearing I. Consent Agenda J. Old Business K. New Business L. Administrative Reports M. Council Communications N. Executive Session O. Adjournment P. Next Scheduled Meeting Day, Date, and Time 2.08.060 Proclamations: A. A proclamation is defined as an official announcement made by either the City Council or the Mayor. Council proclamations are defined as those non-controversial events which have a major Citywide impact. Council proclamations shall be publicly read at a Council meeting, and whenever possible, presented to a representative of the event during the Council meeting. B. Mayor's proclamations are defined as those non-controversial events which are requested by a special interest group. Mayor's proclamations are signed by the Mayor and forwarded to a representative of the event or special interest group. C. The Mayor and City Manager shall determine if a proclamation request is for a Council proclamation or a Mayor's proclamation. Moses Lake Council Packet 5-25-21, Page 72 of 262 Page 5 of 20 D. Controversy is defined as a dispute, especially a lengthy and public one, between sides holding opposing views. E. Special presentations include, but are not limited to, retirements, commendations and recognition by the Mayor and City Council. 2.08.070 Public Hearings: Prior to the start of the Public Hearing, the Mayor may require that all persons wishing to be heard sign in with the City Clerk, giving their names, addresses, the agenda item, and whether they wish to speak proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so and if time to speak is allowed by Council. At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard. Individual speaker time is limited to a maximum of three minutes. However, the Mayor shall be authorized to allow additional time if needed or if one speaker represents multiple individuals and still maintain control of the presentations. The Mayor may change the order of speakers so that testimony is heard in the most logical groupings (i.e., proponents, opponents, adjacent owners, vested interests, etc.). The Mayor may reduce the amount of time permitted for each speaker if the number of speakers requires a reduction in time. The public hearing is a formal opportunity for citizens to give their views for consideration in the legislative or policy decision-making process. In addition, public hearings are required on quasi-judicial actions which determine the legal rights, duties or privileges of specific parties. The following procedures shall be adhered to during the hearing. A. Legislative and information gathering: 1. The Mayor will open the public hearing and read the rules governing public testimony. 2. Staff will make their presentation. 3. The Mayor will ask if there are any questions from Council for staff. 4. The Mayor will open the hearing for public comments. 5. All comments by the public shall be made in an audible format, and any individual making comments shall first give his/her name and address. Anyone making “out of order” comments shall be subject to removal from the meeting. There will be no demonstrations, applause or other audience participation during or at the conclusion of anyone’s presentation. The Council is not allowed to acknowledge such expressions. 6. The Mayor will close the public hearing. 7. The Mayor will invite any additional comments from staff. 8. The Mayor will ask if Council has additional questions of staff. 9. Council discussion will ensue. 10. Council action will be taken. B. Quasi-Judicial Closed Record Proceedings or Appeals: 1. The Mayor will open the closed record proceeding or appeal. Moses Lake Council Packet 5-25-21, Page 73 of 262 Page 6 of 20 2. The Mayor, (or the Deputy Mayor if this is a case of a potential conflict of interest violation by the Mayor) will ask if any Council Member knows of any reason which would require such Member to excuse themselves pursuant to the Appearance of Fairness Doctrine. 3. Staff will make their presentation. 4. Proponent presentation will be made (15 minutes). 5. Opponent presentation will be made (15 minutes). 6. Proponent rebuttal will be heard. 7. Staff comments will be made. 8. The Mayor will close the closed record proceeding or appeal. 9. Council discussion will ensue. 10. Council action will be taken. C. The following rules shall be observed for Legislative/Information Gathering Public Hearings: 1. For an initial presentation of background information from a City department, board, commission, committee, or an organization, no more than 20 minutes will be allowed unless otherwise authorized by the Mayor. 2. If a speaker purports to speak for an organization, club or others so as to lead Council to believe that a number of persons support a position, such person shall state how that position was developed by the group. 3. Comments should be limited to five minutes. 4. The Mayor may allow additional time for receipt of written testimony when needed. 5. The City Clerk shall be the official timekeeper. D. The following rules shall be observed for the Quasi-Judicial Hearing Body before which the Hearing was held: 1. When the City Council considers a quasi-judicial matter in a closed record proceeding or appeal, no new evidence may be presented except on matters related to the conflict of interest or appearance of fairness challenge to a Council Member. Oral argument shall be based solely on the record before the planning commission, hearing examiner, or other quasi- judicial hearing body before which the hearing was held. 2. If a quasi-judicial proceeding or appeal is on the agenda, the parties will be informed by the City Attorney as to what state law permits for comments. 3. Quasi-judicial hearings will be conducted in conformance to these procedures. 4. Presentations will be limited as set forth, except that the Mayor shall ask the rest of the Council Members if they have any comments or questions before the presenter is excused. Moses Lake Council Packet 5-25-21, Page 74 of 262 Page 7 of 20 For example, if there are matters that should be addressed to ensure a complete record of the proceedings. 5. If comments are provided in writing, it is encouraged that such comments be filed with the City Clerk by 3:00 p.m. on the day of the Council meeting. If written comments are given, the presenter should provide eleven copies for the Council and staff. 2.08.080 Executive Sessions: An executive session is a Council meeting that is closed except to the Council, City Manager, and authorized staff members and/or consultants authorized by the City Council. The public is excluded from attendance. Executive sessions may be held during any Council meeting and will be announced by the Mayor. Before convening an executive session, the Council will make a motion to announce the purpose of the meeting, cite the related statute, and the anticipated time when the session will be concluded. Should the session require more time, a public announcement from the Mayor shall be made that the meeting is being extended. Executive sessions may be held in accordance with the provisions of the Washington State Open Public Meetings Act. (RCW 42.30.110) 2.08.085 Closed Sessions: Closed Sessions are exempt from the rules of the Open Public Meetings Act. (RCW 42.30.140) 2.08.090 Study Sessions and Workshops: During these meetings, items needing in-depth discussions are introduced and reviewed. It is not typical to take a formal action during a study session or workshop. The purpose of study session or workshop discussions is to allow Council Members to be made aware of impending business and allow informal discussion of issues that might be acted upon at a future meeting. These meetings are open to the public, but no public comment is taken during the discussion of a specific agenda item, unless there is a posted public hearing. Study sessions and workshops do not need a detailed agenda. The City Manager shall arrange the Council Study Session or Workshop topics for discussion. After the Mayor has approved the topics, an email meeting invite shall be prepared for the Council and effected City staff in advance of the meeting. 2.08.100 Special Meetings: At the discretion of the Council, special meetings can be held. A notice of the time, place and purpose of such special meeting will be posted pursuant to the requirements as set forth in RCW 42.30.080. The City Clerk shall coordinate special meetings of the City Council upon direction as stated for agenda items in Section 2.08.050. The agenda shall state the subject(s) to be considered at such special meeting and no other subject shall be acted upon at the meeting. Notice of every special meeting shall be given in writing to every Council Member, to the City Manager, to the City Attorney, and to all local news media representatives who have on file with the City Clerk a request for such notices. The notice shall be delivered personally, by phone, email, or as otherwise possible at least 24 hours before the meeting. The notice shall state the place and time of the meeting and the business to be conducted. The Council shall not make final disposition of any matter not included in the notice. Moses Lake Council Packet 5-25-21, Page 75 of 262 Page 8 of 20 2.08.110 Broadcasting: Regular meetings may be streamed live on the internet with dial-in access for remote attendance of the Council, staff, or public as permitted by the City Council. 2.08.120 Recording Proceedings: The City Clerk shall maintain an account of all proceedings of the Council in accordance with the statutory requirements, and proceedings shall be entered into a minute book constituting the official record of the Council. Council meeting minutes can be corrected but shall not be revised without a majority affirmative vote of the Council at a regularly scheduled Council meeting. 2.08.130 Meeting Attendance: A. City Council. Following roll call, the Mayor shall inform the Council of the member's absence, state the reason for such absence, and inquire if there is a motion to excuse the member. This motion shall be non-debatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused. 1. Council Members shall inform the Mayor or City Clerk if they are unable to attend any Council meeting, or if they will be late to any meeting. 2. If a Council Member has an unexcused absence due to an extraordinary circumstance which precluded the Council Member from the notification procedures as described within this article and their presence may have changed the outcome of an action, at the next meeting that the Council Member attends, the Council Member may request that the Council reconsider their previous motion. The Council Member must ask for reconsideration prior to the conclusion of the next meeting that they attend and state the reason for his or her absence or tardiness. The Council would then have the opportunity to rescind the original motion and the motion shall be debatable. 3. In the case of a Council Member’s extended excused absence or disability, a Pro Tem Council Member selected by a majority of the sitting Council shall be appointed to serve during the absence or disability. (RCW 35A.13.035) 4. A Council Member may forfeit his/her office by failing to attend three consecutive regular meetings without being excused by the Council. (RCW 35A.12.060) B. City Manager. The City Manager shall attend all meetings of the Council unless excused. At the discretion of the City Manager, department heads and other staff members shall attend. The City Manager may make recommendations to the Council and shall have the right to take part in the discussions of the Council, but shall have no vote. C. Department Directors. The Mayor, or any member of the City Council may, through the City Manager, request the attendance at any meeting of the City Council of any department head, officer, or employee of the City. D. Citizens and Media. 1. All public meetings of the City Council shall be open to citizens. Moses Lake Council Packet 5-25-21, Page 76 of 262 Page 9 of 20 2. All public meetings shall be open to the media who may record by radio, television or photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of a meeting. 3. The Mayor has the authority to limit the number of speakers or otherwise exercise such control over the meeting to ensure citizen comments do not interfere or impede with the Council’s ability to conduct its business. Public communications will not be permitted on pending quasi- judicial matters which will come before the Council later in the same meeting or at a future meeting. 2.08.140 Council Seating: The Mayor will be seated in the middle of the dais facing the public, the Deputy Mayor to the right, and the City Clerk to the left. The remaining Council Members will be seated by Council position number from right to left. Special setup may occur for special meetings that will be determined by the City Manager. 2.08.150 Quorum: At all meetings of the Council, a majority of the Council (four members, or five members for budget items and appropriations) constitutes a quorum for the transaction of business, but a lesser number may adjourn from day to day or until the time of the next regular meeting and may compel the attendance of absent members in such a manner and under such penalties as the City Council shall prescribe. 2.08.160 Presiding Officer: A. The Presiding Officer at all meetings of the Council is the Mayor, and in the absence of the Mayor, the Deputy Mayor will act in that capacity. If both the Mayor and Deputy Mayor are absent, the next ranking member by tenure shall act in that capacity. The Presiding Officer shall: 1. Preserve order and decorum in the Council Chambers; 2. Observe and enforce all rules adopted by the Council; 3. Decide all questions on order, in accordance with these rules, subject to appeal by any Council Member; 4. Recognize all questions on order, in accordance with these rules, Council Members in the order in which they request the floor, giving every Council Member who wishes as opportunity to speak. The Presiding Officer, as a Council Member, shall have only those rights, and shall be governed in all matters and issues by the same rules and restrictions as other Council Members; and 5. From time to time, appoint Council Members to serve on ad hoc committees. 2.08.170 Council Discussion: A. Robert’s Rules. All Council discussion shall be governed by Robert’s Rules of Order, Newly Revised. The City Attorney is the parliamentarian. Every Council Member shall be provided with a copy of Robert’s Rules of Order, Newly Revised, or a comparable publication when first joining the Council. Moses Lake Council Packet 5-25-21, Page 77 of 262 Page 10 of 20 B. Questions of Order. The Mayor or presiding officer has the authority to rule on questions of order. If the Mayor rules a Council Member’s comments to be out of order (not germane, or otherwise), the Council Member may explain why he or she believes the comments are not out of order. The Mayor/presiding officer will either rescind or confirm the ruling. If confirmed, the Council Member shall not continue comment in the manner ruled out of order. C. Appeal. If the Council Member questioning order or any other Council Member disagrees with the Mayor/presiding officer’s ruling, they can appeal the point of order. The question is then put to the Council to confirm or deny the Mayor/presiding officer’s ruling and whether the Council Member shall continue comment. 2.08.180 Voting: A. Majority Vote. All voting must take place at a public meeting with a quorum present either in- person or remotely. Passage of most ordinances requires an affirmative vote of the majority of the Council (4 votes). A super majority (5 affirmative votes) is required by several statutes related to emergencies and certain expenditures to name a few that can be found in RCW 35A, as well as RCW 84.55.0101 for excess property tax. Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice, except that at the request of any Council Member, a roll call vote shall be taken and recorded by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. B. Tie Vote. The passage of a Motion, Resolution, or Ordinance is lost by a tie vote, provided that the question may be brought forward again at the request of any member at the same meeting or at the next meeting when any members who were absent or disqualified at the time of the tie vote are present. C. Votes on Questions. Each member present shall vote on all questions put to the City Council except on matters on which he or she has been disqualified for a conflict of interest or under the Appearance of Fairness Doctrine. Such member shall disqualify himself or herself prior to any discussion of the matter. If abstaining, the Council Member must state the reasons for abstaining, identifying one or more of the following: (1) an excused absence from the prior Council meeting and/or (2) a conflict of interest and/or (3) an Appearance of Fairness issue. A Council Member who abstains but fails to identify the absence, conflict of interest and/or Appearance of Fairness issue, will be considered to have voted for the majority's position in respect to questions before the Council and have their vote so recorded. When disqualification of a member or members results, or would result, in the inability of the Council to act on a matter on which it is required by law to take action, any member who is absent or who is disqualified under the Appearance of Fairness Doctrine may subsequently participate, provided such member first shall have reviewed all materials and listened to all recordings of the proceedings in which the member did not participate. D. Reconsideration. Any action of the Council, including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except for: 1. Any action previously reconsidered, or 2. Motions to adjourn or motions to suspend the rules, or 3. An affirmative vote to lay an item on, or take an item from, the table, or 4. A vote electing to office one who is present and does not decline. Moses Lake Council Packet 5-25-21, Page 78 of 262 Page 11 of 20 Such motion for reconsideration can only be made by a member of the prevailing side on the original action and prior to the publication deadline. A motion to reconsider is debatable only if the action to be reconsidered is debatable. Upon passage of a motion to reconsider, the subject matter is returned to the table anew at the next regular Council meeting for any action the Council deems advisable. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five (5) business days advance notice of such discussion and/or action. E. Dissents and Protests. Any Council Member shall have the right to express dissent from or protest, orally or in writing, against any motion, ordinance or resolution of the Council and have the reason therefore entered or retained in the minutes. 2.08.190 Council Vacancy: If a vacancy occurs on the City Council, the Council will follow the procedures outlined in RCW 35A.13.020. In order to fill the vacancy with the most qualified person available until an election is held, the Council will publish a notice of the vacancy, the procedure, and distribute the application form for applying. The Council will draw up an application which contains relevant information, including questions posed by the Council. The application forms will be used in conjunction with an interview of each candidate to aid the Council’s selection of the new Council Member. A vacancy must be filled within 90 days per RCW 42.12.070 (4). The vacancy term is until the next general election results are final and will be for the unexpired term. Article II. Interaction between City Council, City Manager and City Staff 2.08.400 Purpose of this Article: The purpose of this article is to establish formal procedures for interaction between the City Council, City Manager and City staff. 2.08.410 Respect: There will be mutual respect from both City Manager/City staff and Council Members of their respective roles and responsibilities when, and if, expressing criticism in a public meeting. When feasible, questions should be asked of staff before the public meetings. 2.08.420 Roles: The City Manager/City staff will acknowledge the Council as policymakers, and the Council Members will acknowledge the City Manager/City staff as administering the Council’s policies. 2.08.430 Requested Written Material: Individual Council Members represent the Council as a whole. Council Members have a responsibility to bring controversial decisions back to the whole Council whenever possible. All written informational material requested by individual Council Members shall be distributed by City staff, after approval of the City Manager, to all Council Members with a notation indicating which Council Member requested the information. Moses Lake Council Packet 5-25-21, Page 79 of 262 Page 12 of 20 2.08.440 Personnel Selection: Council Members should not attempt to coerce or influence City staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. 2.08.450 City Department Noninterference: Council should not attempt to interfere with the operating rules and practices of any City department. 2.08.460 Mail Delivery: Mail that is addressed to the Mayor and Council Members should be date stamped, copied and circulated, including the envelope, by the assigned staff as soon as practical after it arrives. Mail will be placed in designated mail slots at the Civic Center for Council Members to pick up at their convenience. 2.08.470 Confidential Mail: Mail addressed to individual Council Members marked personal and/or confidential will not be opened by City staff. The outside of the envelope will be date stamped and the unopened mail will be placed in the appropriate Council Member’s mail slot at City Hall. 2.08.480 Individual Council Member Directed Actions: No Council Member should direct the City Manager to initiate any action or prepare any report that is significant in nature or initiate any project or study without the consent of a majority of the Council. 2.08.490 Council Member Requests for Information: Individual requests for information can be made directly to the department director, unless otherwise determined by the City Manager. If the request would create a change in work assignments or City staffing levels, the request must be made through the City Manager. 2.08.500 Staff assistance for Council Members: Council Members needing staff assistance should work through the City Manager. Article III. Council Committees 2.08.600 Definition and Scope of Council Standing Committees. The purpose of the standing committees is purely advisory to review certain items for a deeper discussion prior to presenting for decisions by the full Council. The City Manager will coordinate monthly meeting dates and times, and other staff needing to attend. There shall be three standing committees of the Council and the scope of their duties are described as follows. A. Finance Committee. The committee exists for the purpose of reviewing matters about investments, taxes, fees, revenue development, expenditures, as well as fiscal planning and policies. Budget amendments shall be reviewed by the Finance Committee and then scheduled for presentation to the full Council. Moses Lake Council Packet 5-25-21, Page 80 of 262 Page 13 of 20 B. Public Safety Committee (PSC). The committee exists for the purpose of considering matters that fall under the police and fire departments, or other matters that are public safety in nature including code enforcement issues, provision of indigent defense/jail, dispatch services, etc. C. Community Development/Municipal Services/Parks Committee (CMP). The committee exists for the purpose of considering matters that fall under infrastructure development and public services, including but not limited to: land use planning, economic development project, streets, stormwater, water, sewer, parks, recreation, cultural programs, annexation, and other development regulations. 2.08.610 Committee Attendance. Council committee members are to notify the City Manager’s Office of planned absences at least 24 hours in advance of a meeting. 2.08.620 Composition of the Council Committees. Each Council committee shall consist of two or three members appointed by the Mayor and City Manager with confirmation by the Council. Changes from elections or vacancies will be filled at the next regular meeting possible. 2.08.630 Council Committee Meeting Schedules. The days and times of all committees shall be determined by a consensus of Council and Manager and may be amended as necessary or on a temporary basis by a consensus of the Committee. 2.08.640 Ad Hoc Council Committees. From time to time, the Council may appoint special Council or citizen committees to accomplish specific tasks of limited duration. Committee members shall be appointed by the City Manager and the Mayor with confirmation of the Council. Article IV. Advisory Bodies 2.08.700 Purpose of this Article: A. Participation. The City of Moses Lake’s commissions, boards, and committees provide an invaluable service to the City. Their advice on a wide variety of subjects aids the Mayor and Council Members in the decision-making process. Effective citizen participation is an invaluable tool for local government. The City Council may assign duties to advisory bodies that are consistent with their oversight. For example, Planning Commission may have a Historic Preservation Board or Design Review Commission and the Parks, Recreation and Cultural Services Advisory Board may have Tree City oversight or Arts Commission. B. Purpose. The City of Moses Lake advisory bodies may be acting on a delegation of regulatory duties, to collect the viewpoints of citizens and stakeholders, and to send their advice of such to the City Council. C. Persons of wide-ranging interests who want to participate in public service but not compete for public office can be involved in governmental commissions, boards, and committees. Moses Lake Council Packet 5-25-21, Page 81 of 262 Page 14 of 20 D. Rules. The adoption of uniform rules of procedure is necessary to assure maximum productivity and fairness. The following governs the City’s advisory groups; some of these advisory groups may have more specific guidelines set forth by ordinance or resolution, or at times by state law. 2.08.710 Citizen Advisory Boards and Commissions Created: A. Definitions. For purposes of this article, the following terms have the meanings set forth below: 1. “Ad Hoc Committee” means a body appointed by the Council to help competing interests come up with a solution that benefits the entire community, provide a forum for voicing concerns, increase community input, discuss alternative solutions and build public consensus over controversial issues before the City Council makes a decision. An Ad Hoc Committee will cease to exist upon completion of its charge as given by the Council. 2. “Board” means a body established by state statute or city ordinance to study and recommend action to the City Council. Boards are advisory to Council and the work program is delegated by Resolution to the Board. 3. “Commission” means a body established by state statute to act in a quasi-judicial capacity. With the exception of the Civil Service Commission, some actions of Commissioners are appealed directly to City Council or Hearing Examiner. B. There is established and created the following advisory boards and commissions of the City: 1. Lodging Tax Advisory Committee RCW 67.28; 2. Parks, Recreation, & Cultural Services Advisory Board; 3. Planning Commission - RCW 35.63; 4. Municipal Airport Advisory Board - RCW 14.08; 5. Civil Service Commission for Police and Fire – RCW 41.08, MLMC 2.76 and RCW 41.12, MLMC 2.80; 6. LEOFF 1 Disability Board for Police and Fire – RCW 41.26; and 7. Firefighter’s Pension Board – Chapter 41.16 RCW. C. Elected officials of the City shall not serve or be appointed to serve on the follow advisory boards or commissions: Parks, Recreation, & Cultural Services Advisory Board, Planning Commission, and Municipal Airport Advisory Board. 2.08.720 Authority and Intent – Governing Law. The City Council of the City of Moses Lake is specifically empowered by state law, City code, and ordinance to fill by appointment all boards and commissions established by such state law, code or ordinance, or such other advisory boards or commissions as the Council deems necessary or advisable. In the exercise of this power, it is the desire of the City Council to establish a consistent policy in its decision- making role to fairly select citizens of the community to serve effectively on boards or commissions. To this end, this article has been created, and it shall remain in effect until such time as the City Council desire to amend or modify it in part or revoke it in whole. Moses Lake Council Packet 5-25-21, Page 82 of 262 Page 15 of 20 The intent of this chapter is to provide a single source for all citizen advisory boards and commissions of the City of Moses Lake, by addressing those requirements that should be considered for all advisory boards and commissions and creating a template from which to base the creation of all future citizen advisory boards and commissions. The Revised Code of Washington (RCW) provides for specific requirements with respect to certain municipal boards and commissions, great lengths have been taken to ensure that this chapter complies with the RCW; however, where a conflict exists between this chapter and the RCW, the RCW prevails. 2.08.730 Nondiscrimination – Compensation: No person shall be ineligible as a member of a citizen advisory board or commission by reason of race, color, religion, creed, sex, age, marital status, national origin, physical disability, political affiliation, veteran status, or any other class of individuals protected from discrimination under state or federal law. All members of citizen advisory boards and commissions shall serve without compensation; provided, however, that reimbursement of actual training expenses may be authorized by the City Council. 2.08.740 Appointments and Confirmation Process: Upon notice of a citizen advisory board or commission vacancy, the Mayor will direct the City Manager, or designee, to publish notice of the vacancy on the City’s website for the full or unexpired portion of the term. A minimum of ten (10) days shall be provided to citizens to complete the application form provided for the open position. Unless otherwise provided, the Mayor shall appoint all members of boards and commissions in this chapter; provided, that those appointments shall be recommended by staff of the Advisory Board and be subject to confirmation by a majority vote of the City Council. 2.08.750 Reappointments: A. Notification and Evaluation. Incumbents who wish to be reappointed shall notify the City Clerk’s office within 90 days prior to the expiration of their term. There is no vested right to reappointment for any position. An incumbent seeking reappointment will be evaluated by the appropriate Chair and City staff. The evaluation and their recommendation shall be given to the Mayor. The evaluation of the candidate shall be based on the following performance criteria: 1. Regularity of attendance; 2. Understanding of committee or commission function; 3. Effectiveness; 4. Demonstrated contribution during past term of office on issues, programs, City policies, and signed Board Responsibilities for the advisory board, committee, or commission; and 5. Term limits as defined by statute, ordinance, or resolution creating the advisory board, committee, or commission. 2.08.760 Vacancy or Removal: A position will be automatically vacant when a member of a citizen advisory board or commission has: Moses Lake Council Packet 5-25-21, Page 83 of 262 Page 16 of 20 A. an unexcused absence from any three (3) consecutive meetings as described in Section 2.08.780; B. submitted written resignation to the City Clerk; C. mortally passed; or D. been removed by recommendation of the Mayor with confirmation from the Council. 2.08.770 Chair and Vice Chair: A. Unless otherwise provided, each advisory board or commission shall elect a Chair and Vice Chair from their numbers whose terms shall run for one year, from the first meeting of the year until a new Chair and Vice Chair are appointed in the subsequent year. The Chair shall act as the presiding officer over the meeting and coordinate with staff in respect to attendance of members, vacancies and other items of concern. B. The Chair may move, second, and debate from the chair, subject only to such limitations of debate as are imposed on all members, and shall not be deprived of any of the rights and privileges of a member of the board or commission by reason of their acting as the presiding officer. C. For the purposes of this chapter, any duties or responsibilities designated to the Chair shall transfer to the Vice Chair in their absence. In the event that both the Chair and Vice Chair are absent from a meeting, the members of any citizen advisory board or commission may elect a Chair Pro Tem from their numbers who shall be empowered to carry out said duties and responsibilities for that meeting. 2.08.780 Meetings, Reports, and Attendance: All meetings of citizen advisory boards and commissions shall be properly noticed and open to the public in accordance with the Washington State Open Public Meetings Act (Chapter 42.30 RCW). All actions taken by a citizen advisory board or commission, including minutes of all meetings shall be filed with the City’s Public Records Officer and are subject to review by the public in accordance with the Washington State Public Records Act (Chapter 42.56 RCW). Unless otherwise provided, all citizen advisory boards and commissions shall meet at least once per calendar quarter or at any time that the Chair, majority of members thereof, or the City Council shall decide; provided, that any such meeting shall be properly noticed in accordance with other provisions in this chapter. All citizen advisory boards and commissions shall provide a report to the City Council at least once per calendar year. Roll call will be taken at the start of all citizen advisory boards and commissions meetings. Members shall notify the Chair prior to the meeting and state the reason for his/her inability to attend the meeting. If the member is unable to contact the Chair, the member shall contact the assigned staff Department Director or Secretary, who shall convey the message to the Chair. Following the roll call, the Chair shall announce if a reason was received for a member’s absence, state the reason for such absence, and inquire if there is a motion to excuse the member. The motion shall be non-debatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the Secretary will make the appropriate notation in the minutes. Any absence that is not excused by motion and passed, shall be deemed unexcused and no further action is required at that meeting. The Secretary of the citizen advisory Moses Lake Council Packet 5-25-21, Page 84 of 262 Page 17 of 20 board or commission will report all unexcused absences to the City Clerk. 2.08.790 Quorum: A majority of a citizen advisory board or commission shall constitute a quorum for the transaction of business. Any action taken by the majority of those present at any regular or special meeting is deemed and taken as the action of the advisory board or commission. 2.08.800 Lodging Tax Advisory Committee Specific Requirements: A. Committee - Established: There is created a Lodging Tax Advisory Committee, consisting of five (5) members. Members shall be appointed for a one (1) year term. The Council will review the membership on an annual basis and make changes as appropriate. B. Membership - Eligibility: One (1) member shall be an elected official of the City who shall serve as chair, two (2) members shall be representatives of businesses required to collect the lodging tax, and two (2) members shall be persons involved in activities authorized to be funded by revenue received from the lodging tax. C. Meetings: The Lodging Tax Advisory Committee shall devote such time as may be necessary to properly discharge all duties devolving upon them. The Committee shall meet as often as is necessary to conduct business but shall hold a meeting at least once a year. D. Duties of Council to Committee: The Committee is entrusted with the responsibilities of advising and making recommendations concerning the collection and use of lodging taxes. The City shall submit any proposal that will impose a tax under Chapter 67.28, RCW. The City Council shall submit to the Lodging Tax Advisory Committee, for its review and comment, proposals on: 1. The imposition of a tax under SSB 5867. 2. Any increase in the rate of such a tax. 3. Repeal of an exemption from such a tax. 4. A change in the use of the revenue received from such a tax. E. Duties of Committee: The Committee shall provide a report and analysis to the City Council on the extent to which any proposal will accommodate activities for tourists or increase tourism, and the extent to which any proposal will affect the long-range stability of the special fund created for the lodging tax revenues. 2.08.810 Parks, Recreation, & Cultural Services Advisory Board Specific Requirements: A. Commission - Established: There is created a Park, Recreation & Cultural Services Advisory Board for the city, consisting of seven (7) members. Each member shall be appointed for a term of four (4) years. B. Membership - Eligibility: At least five (5) members shall reside within the corporate limits of the City and up to two (2) members shall reside in the City’s urban growth area outside the corporate limits of the City. C. Meetings: The Park Board shall devote such time as may be necessary to properly discharge all duties devolving upon them. Four (4) affirmative votes shall be necessary to carry any proposition. A meeting of the Park Board shall be held at least once each month. D. Functions and Duties: Moses Lake Council Packet 5-25-21, Page 85 of 262 Page 18 of 20 1. The Park Board generally shall serve in an advisory capacity to the City Council, City Manager, and Park, Recreation & Cultural Services Director concerning formulation of policy and plans for development, management, and operation of the City parks and recreation program. 2. Advise and assist the City Council, City Manager, and Parks, Recreation & Cultural Services Director in specific areas including but not limited to, the following: a. Promoting parks, recreation and cultural services, programs to the community; b. Setting standards for park maintenance; c. Coordinating museum exhibits and activities; d. Setting goals for short-term and long-term future of the City’s museum and park system; e. Serving as citizens’ input concerning parks, recreation and cultural services, generally; f. Monitoring and evaluating the park system and museum activities. 2.08.820 Planning Commission Specific Requirements: A. Commission - Established: The Planning Commission of the City shall consist of five (5) members. Each member shall be appointed for a term of four (4) years. The terms shall be staggered so that no more than three terms expire in a single year. B. Membership - Eligibility: The Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City. At least three (3) members shall reside within the City limits, one (1) member may be a business owner who resides outside of the city limits, but who owned and operated a business within the city limits for at least one year before appointment to the planning commission and continues to own a business in Moses Lake during the appointment, and one (1) member may reside within a one-mile radius of the City limits during the appointment. C. Meetings: The Planning Commission shall devote such time as may be necessary to properly discharge all duties devolving upon them. Regular Planning Commission Meetings are held on the Thursday following the 2nd Tuesday of the month Regular Council Meeting. D. Powers and Authority: The Planning Commission shall have all of the powers and perform each and all of the duties specified by RCW Chapter 35A.63, together with any other duties or authority which may hereafter be conferred upon them by the laws of the state, the performance of such duties and the exercise of such authority to be subject to such and all the limitations expressed in each legislative enactment or enactments, unless otherwise delegated by City Council, e.g.,. Hearings Examiner. E. Function and Duties: Recommendations on Proposed Legislation. The City Council may refer to the Commission, for its recommendation and report, any ordinance, resolution, or other proposal relating to any of the matters and subjects referred to in RCW Chapter 35A.63, and the Commission shall promptly report to the City Council thereon, making such recommendation and giving such counsel as it may deem proper in the premises. Moses Lake Council Packet 5-25-21, Page 86 of 262 Page 19 of 20 2.08.830 Municipal Airport Advisory Board Specific Requirements: A. Board - Established: The Municipal Airport Advisory Board for the City is created and shall consist of five (5) members. With the establishment of the Board, three (3) members were appointed to four (4) year terms and two (2) members were appointed to three (3) year terms. Thereafter, each member shall be appointed to serve a four (4) year term. B. Membership - Eligibility: All members shall either rent property from the City at the Moses Lake Municipal Airport, or be associated with a business or operation which rents property from the City at the Moses Lake Municipal Airport. A minimum of two (2) members shall be citizens who reside within the corporate limits of the City. C. Meetings: The Board shall devote such time as may be necessary to properly discharge all duties devolving upon them. Minutes of all meetings shall be filed with the City Clerk. A meeting of the Board shall be held at least once each month. D. Duties of Board: The Board shall provide representatives to work on committees related to airport development planning as needed, including, but not limited to, work on an airport business plan to identify operation and development strategies appropriate to provide sufficient revenues and appropriate uses to support airport operations. The Board shall advise the Municipal Services Director, or designee, as to the operation of the airport. The Board shall advise the Mayor and City Council, the City Manager and/or his/her designee regarding the following matters relative to the operation of the Moses Lake Municipal Airport: 1. Construction, enlargement, improvement, maintenance, equipment, and operation of the Moses Lake Municipal Airport facilities; 2. Development of a project list and recommendations on the capital needs for the municipal airport; 3. Developing comprehensive and long-range plans for airport development and financing; 4. Adoption and amendment of rules and regulations for the operation and use of the Moses Lake Municipal Airport facilities; 5. Determination of charges or rentals for the use or leasing of any properties owned or under the control of the Moses Lake Municipal Airport and regarding the charges for any services of facilities and the terms and conditions related to the same; 6. Promoting and fostering the development of the Moses Lake Municipal Airport for the benefit of the citizens of the City; and 7. Maintaining liaison with other governmental bodies regarding municipal airport operations and financing. 2.08.840 Council Concerns About Recommendations: Council Member concern(s) of a recommended appointment from the advisory board or commission staff should be addressed with the Mayor in advance of the meeting. Moses Lake Council Packet 5-25-21, Page 87 of 262 Page 20 of 20 2.08.850 Removal of Members: Members may be removed from any advisory committee prior to the expiration of their term of office by a minimum of four affirmative votes of the City Council based on reported violations to the Rules of Conduct for Board and Commissioner Members. 2.08.860 Committee Operations and Records: A.The City Clerk will forward applications to Human Resources to establish the volunteer personnel file. B.The City Council expects new members will be oriented to the roles and responsibilities of their appointment by the staff of the associated department. C.Staff of the associated department will track training of its members in accordance to the Open Public Meetings Act. Certificates of completion will be forwarded to Human Resources. 2.08.870 Lobbying Efforts Consistent with City Policy: Lobbying efforts by any advisory bodies on legislative or political matters should first be checked for consistency with existing City policy by contacting the City Manager’s office. In the event a position is taken that differs from that of the City’s policy, an advisory body acting as an official body of the City of Moses Lake cannot represent that position before another body, i.e., the State Legislature or the Grant County Commissioners. An individual member is free to voice a position, oral or written, on any issue as long as it is made clear that he or she is not speaking as a representative of the City of Moses Lake, or as a member of his or her commission, committee or task force. Article V. Conflicts and Violations 2.08.900 Conflicts. In the event that any provision of this chapter conflicts with any other provision of the Moses Lake Municipal Code or any other ordinance or resolution of the City, the provisions of this chapter shall control. 2.08.910 Violations. The provisions of this chapter have been codified for the sole purpose of providing transparency as to the manner in which the City Council will conduct its business and for no other purpose. The provisions of this chapter are enforceable by the City Council only and are not enforceable by any other person. No third party is entitled to be a beneficiary of these rules and procedures. Violations of this chapter are not considered criminal or civil infractions and are subject only to such sanctions as the City Council may impose in its discretion under applicable law. Moses Lake Council Packet 5-25-21, Page 88 of 262 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: May 20, 2021 Proceeding Type: Old Business Subject: Maple Grove Planned Development District Ordinance Legislative History: •First Presentation: February 9, 2021 Hearing Examiner Public Hearing •Second Presentation: March 9, 2021 City Council Hearing •Hearing Examiner Actions: April 13, 2021 Hearing Examiner Hearing on Remand April 16, 2021 Hearing Examiner Decision on Remand •Action: Motion Overview A Planned Development District (PDD) is both a type of development and a regulatory process. Individual definitions can vary greatly depending on the community or jurisdiction and its goals. The purpose of the planned development district ordinance is to allow some flexibility in the design of clustered residential, commercial, or industrial uses with sufficient and appropriate collective open space or a mixture of such uses by permitting specific modifications of the bulk and use regulations and performance standards of the underlying zone(s) as applied to a particular parcel of land. A planned development district is a floating district. Each approved planned development district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations and performance standards of the underlying zone. In approving a Planned Development District, the City Council shall find that the Development will: 1.Encourage flexibility in design and development that will result in a more efficient and desirable use of the land. 2.Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, open spaces, off-street parking areas, and otherwise to better utilize the potentials of the site characterized by special features such as but not limited to geography, topography, or shape. 3.Provide for maximum efficiency in the layout of streets, utilities, and other public improvements. 4.Produce an integrated or balanced development of mutually supportive uses that might be otherwise inharmonious or incongruous. Moses Lake Council Packet 5-25-21, Page 89 of 262 Page 2 of 2 The Moses Lake Hearing Examiner reviewed the preliminary plat and Planned Development District at a public hearing on February 9, 2021. On March 9, 2021, the Moses Lake City Council remanded the PDD back to the Hearing Examiner to consider new information that may impact the conditions of approval for both the Planned Development District and underlying subdivision, and to do so within forty-five (45) days. Based upon Findings of Fact and Conclusions of Law, the Hearing Examiner recommended approval of the PDD with conditions, and that Council adopt an ordinance approving the project. See Attachment A, Ordinance 2974 that includes attachment of the Hearing Examiner’s recommendation. Fiscal and Policy Implications The neighborhood park will be dedicated to the City and added to the City’s maintenance schedule. Council Packet Attachments A. Ordinance 2974 B. Hearing Examiner Recommendations C. Public Hearing Exhibits Finance Committee Review N-A Legal Review Type of Document Title of Document Date Reviewed Ordinance Maple Grove Planned Development District May 18, 2021 Options Option Results • Approve as recommended by the Hearings Examiner The development can move forward as conditioned. • Deny the Ordinance The development does not move forward. Action Requested In reviewing the record, staff recommends City Council make the following motion: Adopt Ordinance 2974 establishing the Maple Grove Planned Development District as conditioned. Moses Lake Council Packet 5-25-21, Page 90 of 262 ORDINANCE NO. 2974 AN ORDINANCE CREATING A PLANNED DEVELOPMENT DISTRICT OF MOSES LAKE PURSUANT TO MOSES LAKE MUNICIPAL CODE 18.67 Recitals: 1. The purpose of the planned development district ordinance is to allow some flexibility in the design of clustered residential, commercial, or industrial uses with sufficient and appropriate collective open space or a mixture of such uses by permitting specific modifications of the bulk and use regulations and performance standards of the underlying zone(s) as applied to a particular parcel of land. A planned development district is a floating district. Each approved planned development district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations and performance standards of the underlying zone. 2. A planned development district is a floating district. Each approved planned development district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations and performance standards of the underlying zone. 3. A planned development district encourages flexibility in design and development that will result in a more efficient and desirable use of the land. 4. 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 Grove Planned Development District Phase 1 and Phase 2, as described in Exhibit A and shall be named Maple Grove Planned Unit Development as recorded with the Grant County Auditor. N1/2NWSW N OF HWY LS TX#'S 10 19 28 (Prelim Maple Grove Phase 1 & 2) Moses Lake Council Packet 5-25-21, Page 91 of 262 N1/2NWSW N OF HWY EXCEPT N 120 FEET OF THE WEST 500 FEET & EXCEPT N 60 FEET OF THE EAST 796 FEET & EXCEPT PORTIONS OF HWY 10 19 28 Section 2. Maple Grove PUD is a 91-lot single family residential development. Phase 1 will have 44 lots, and Phase 2 will have 47 lots. A neighborhood park will be dedicated and developed in Phase 1. Section 3. The Maple Grove PUD is located within the R-2 Residential zone. The Zone is modified as follows: A. Lot sizes will be less than 7,000 sq ft. B. Minimum lot widths will be less than 65 ft. C. Minimum lot area for corner lots will be 5,378 sq ft D. Off-street parking will be limited to one side of the streets. No parking signs will be installed on the opposite side of the streets. E. Heat detectors will be interconnected to the smoke alarms shall be installed in each kitchen. F. The fencing material throughout the PUD will be vinyl. The fence requirement will be noted on the plat. Covenants, Condition’s, and Restrictions (CCRs) will be recorded with the Grant County Auditor memorializing the fencing requirement. G. The development shall be constructed essentially as conditioned and presented to the Hearing Examiner and City Council. Section 4. Hayden Homes 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). 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 May 25, 2021. _____________________________________ David Curnel, Mayor Moses Lake Council Packet 5-25-21, Page 92 of 262 ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins Aye Nay Abstain Absent Date Published: June 1, 2021 Date Effective: June 6, 2021 Moses Lake Council Packet 5-25-21, Page 93 of 262 Moses Lake Council Packet 5-25-21, Page 94 of 262 Moses Lake Council Packet 5-25-21, Page 95 of 262 MOSES LAKE April 7, 2021 Wenatchee Law Attn: Andrew Kottkamp 435 0rondo Ave Wenatchee WA 98801 Re:Remand- Maple Grove Planned Development District and Preliminary Plat LUA2020-0060 Dear Mr. Kottkamp, At its March 9, 2021 meeting, the Moses Lake City Council remanded the Maple Grove Planned Development District to the Hearing Examiner to hold a public hearing to consider new information that may impact the conditions of approval for both the Planned Development District and underlying subdivision, and to do so within 45 days. The Planning Staff Report submitted for the March 9, 2021 public hearing is attached. The Findings of Fact, Conclusions of Law, Conditions of Approval and Decision issued by the Hearing Examiner for the Preliminary Plat and Planned Development District on February 11, 2021 are also attached. It is presumed that the entire file for the original Maple Grove Planned Development District is part of the remand file. City Planning staff believes the city erred in attaching the requirements proposed by the Fire Marshal to the Preliminary Plat. The conditions outlined in the letter dated February 4, 2021 are appropriately attached to the Planned Development District only. The City recommends that the following revised conditions be placed on the Maple Grove Planned Development District: The increase in density of homes in this plat will require the use of NFPA13D sprinkler systems. These systems are a life safefy system not a property Fences required to be a concrete and or stucco. The cul-de-sac will need to meet the adopted state fire i code of 96 feet in diamgter, g 010110 Install heat detector in the kitchen. in lieu of the NFPA 13D Life Safety system. The extra alarm will be interconnected to the smoke alarms in the residence. The Fire Department approves vinyl for fencing material in the Maple Grove PDD. The applicant wil record CC&R's with the Grant Count Auditor. Allow construction of a T- intersection for Sequoia a Maple Drive (Phase 2) Moses Lake Civic Center Annex - 321 S. Balsam Street - P.0. Drawer 1579 - Moses Lake, WA 98837 www.cityofml.com - 509-764-3701Moses Lake Council Packet 5-25-21, Page 96 of 262 Page 2 of 2 The letter from Fire Marshal Beach is attached as Exhibit D. Respectfully Submitted, t} Vivian Ramsey Planning Manager City of Moses Lake Community Development Attached: Exhibit A -Maple Grove PUD staff report for public hearing March 9, 2021 Exhibit B - February 11, 2021 Findings of Fact, Conclusions of Law, Conditions of Approval and Decision, Preliminary Plat Exhibit C - February 11, 2021 Findings of Fact, Conclusions of Law, Conditions of Approval and Decision, Planned Development District Exhibit D - April 2, 2021 letter from Fire Marshal Beach Exhibit E - April 6, 2021 Letter and attachments from Asti Gallina, Attorney for Hayden Homes. Moses Lake Council Packet 5-25-21, Page 97 of 262 January 28, 2021 TO: Andrew Kottkamp, Moses Lake Hearing Examiner SUBJECT: Staff Report LUA3030-0060 Maple Grove PUD Assessor # 110002002 PROPONENT: Hayden Homes, LLC Brian Thoreson 2464 SW Glacier Place, Ste 110 Redmond OR 97756 OWNER: PIA, LLC 13419 NE 36th Place Bellevue WA 98005 I.GENERAL INFORMATION Requested Action: The City of Moses Lake Community Development Department received an application for a Preliminary Major Plat and Preliminary Planned Development District and Deviations from Community Standards, with Environmental Checklist review. The PUD process will be used to construct 91 residential lots, in two phases on approximately 15.78 acres. The request requires approval of the Preliminary Major Plat by the Hearing Examiner, and a recommendation to City Council for approval from the Hearing Examiner for the deviations and the Preliminary Planned Development District, with adoption of an ordinance by City Council. (Exhibit A) Overview: Application Name and Number: Maple Grove Planned Unit Development LUA2020-0060 Application type: Environmental Checklist, Preliminary Major Plat, Planned Unit Development Zoning: R2-Single Family/Two Residential Location: The property is located west of Grape Dr and at the intersection of Maple Dr. Parcel: 110002002 Application Procedures/History Date Pre-Application Conference Application Received August 12, 2020 Date Determined Complete December 14, 2020 Notice of Complete December 14, 2020 Notice of Application December 14, 2020 Agency Comments Due January 4, 2021 Newspaper Publication January 21, 2021 Site Posting January 15, 2021 Hearing Examiner February 9, 2021 Exhibit A Moses Lake Council Packet 5-25-21, Page 98 of 262 Page 2 of 11 II. SITE INFORMATION Site Characteristics: The majority of the subject property is generally flat with less than 1% slopes. The west 165 feet of the site slopes to approximately 26%. Future Land Use The Future Land Use Designation for the subject property is Medium Density Residential. The Future Land Use Designations for surrounding properties are as follows: North- High Density Residential West- High Density Residential South- Medium Density Residential East- General Commercial Moses Lake Council Packet 5-25-21, Page 99 of 262 Page 3 of 11 Zoning The subject property is zoned R2-Single/Two Family Residential. The surrounding properties are zoned as follows: North- R3-Multi-Family Residential West- R3-Multi-Family Residential South- R2-Single/Two Family Residential East- Urban Light Industrial (UGA) Moses Lake Council Packet 5-25-21, Page 100 of 262 Page 4 of 11 Current Uses The site is currently vacant and covered with grasses. Surrounding uses are as follows: North-Vacant, residential East- Storage Units South-Multi-Family Residential West- Vacant Figure 3: Vicinity Map Moses Lake Council Packet 5-25-21, Page 101 of 262 Page 5 of 11 III. PRELIMINARY MAJOR PLAT APPLICATION REQUIREMENTS (MLMC 17.12.030) Preliminary Major Plat Requirements/ Review 1. The subdivision shall make adequate provision for roads, streets, curbs, gutters, sidewalks, street lighting circuits, alleys, municipal utilities (sewer, storm, and water), drainage ways, irrigation water rights-of-way, other public ways, public access, and other improvements as deemed necessary in conformance with Community Street and Utility Standards, Chapter 17.21, Chapter 17.24, and other codes and regulations that are applicable. Criterion met. 2. The subdivision shall comply with all zoning and health regulations. Criterion met. 3. The subdivision shall be consistent with the Comprehensive Plan. Criterion met. 4. The applicant shall make arrangements with Grant County PUD for payment of all street lighting fees. Criterion met. 5. Environmental information shall be prepared and submitted by the applicant in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended. Said information is a part of and shall accompany the preliminary subdivision application. Criterion met. 6. The subdivision shall provide for irrigation water rights-of-way pursuant to state law. Criterion met. 7. Unless an applicant requests otherwise, and the Plat Administrator agrees, a preliminary subdivision application shall be processed simultaneously with the application for rezones, deviations, planned development districts, building plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to those actions permit simultaneous processing. Criterion met. Open space requirements (MLMC 17.24.040) A. All residential developments shall include dedication of a portion of the site to be developed as qualified open space for public purposes, or the payment of a fee-in-lieu of dedication, or both Criterion met. B. For single family residential developments, dedication of open space shall be five percent (5%) of the gross area of the proposed development. For multi-family residential developments and combined single family and multi-family residential developments, dedication of open space shall be ten percent (10%) of the gross area of the proposed development. Criterion met. IV. Deviations The applicant has requested the following deviations from Community Standards and Zoning requirements: 1. Allow the maximum block length to be 786’ in length, 126’ feet longer that the required 660’. 2. Allow a temporary cul-de-sac at the end of Phase 1 along Willow Street. 3. Allow interior lots to be less than 7,000 sq feet in area, Moses Lake Council Packet 5-25-21, Page 102 of 262 Page 6 of 11 4. Allow minimum lot widths to be less than 65 ft. V. PLANNED DEVELOPMENT DISTRICT PURPOSE (MLMC 18.67.010) A. 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. B. A planned development district shall: 1. Encourage flexibility in design and development that will result in a more efficient and desirable use of the land. 2. Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, open spaces, off-street parking areas, and otherwise to better utilize the potentials of the site characterized by special features such as but not limited to geography, topography, or shape. 3. Provide for maximum efficiency in the layout of streets, utilities, and other public improvements. 4. Produce an integrated or balanced development of mutually supportive uses that might be otherwise inharmonious or incongruous. Zoning and Development Standards: The subject property is located within R2-Residential Zone. The development is proposed as a Planned Unit Development. Per 18.67.020 Permitted Planned Development Districts are described as follows: A. Planned development districts may be approved for any use or combination of uses listed in Chapter 18.12 through Chapter 18.65 of this title as currently existing. The uses permitted in any specific planned development district shall be enumerated in the ordinance establishing the planned development district. Criterion met. B. Approved planned development districts are permitted in all commercial, residential, and industrial zones existing in the City of Moses Lake’s Municipal Code. Criterion met. C. Planned development districts may be used for the following types of development: Planned Unit Developments. An area to be planned and developed as a single district containing one or more residential clusters with sufficient and appropriate collective open space and one or more public, quasi-public, commercial, and/or industrial areas. Criterion met. Moses Lake Council Packet 5-25-21, Page 103 of 262 Page 7 of 11 General Planned Development Application Requirements Requirements Status A. Pre-Application Conference. Criterion met B. Planned Development District Application and Maps. Criterion met C. Environmental Information. Criterion met: Property is not located within critical areas. D. Deviation, Deferral, or Waiver of Community Street and Utility Standards. Criterion met Application is requesting: - A temporary cul-de-sac the end of Phase 1 along Willow St., - Block lengths measuring 126’ longer than the maximum allowed of 660’. E. Comprehensive Plan consistency Criterion met. Comprehensive Plan designates this property as medium density residential – the proposed PUD meets the intent of the Comprehensive Plan, see analysis as follows in the staff report F. Findings of Fact. Criterion met: Included in this Staff report. G. Subdivision Approval. Criterion met: Preliminary Plat and Planned Unit Development applications were submitted concurrently H. Titles. Criteria met as conditioned VI. COMPREHENSIVE PLAN The Comprehensive Plan Designation is Medium Density Residential (MDR). The following goals and policies set forth in the comprehensive plan are relevant to this development: Medium Density Residential (MDR)- Characterized by a mixture of single family detached homes, duplexes, and a variety of other housing types, accessory uses and public and semi-public uses. Detached single family residences should predominate. Residential density generally ranges from four to eight dwelling units per acres. This designation should be implemented through the R-2 zone. Designation Criteria: Properties generally meeting the following criteria shall be considered for the MDR designation. 1. Existing mix of one- or two-family dwelling units. 2. If the area is undeveloped, it is proximate to a neighborhood of a mix of one- and two-family dwellings or is well suited to that use and is not suited to more intense residential development. Chapter 3. Land Use. Goal 4: The City shall encourage a range of housing opportunities through its residential land use designations for all citizens throughout the urban growth area. Policy 4.1 Densities should be set to encourage affordable housing stock that includes a range of housing types that meets the housing needs of all segments of the community. Moses Lake Council Packet 5-25-21, Page 104 of 262 Page 8 of 11 Chapter 4. Housing Goal 1: Provide for diversity in the type, density, and location of housing within the city in order to provide an adequate supply of safe and sanitary housing at price and rent levels appropriate to the varied capabilities of City residents. Policy 1.1 Encourage the public and private sector to take actions to develop and maintain an adequate supply of single family and multifamily housing for all economic segments of the population. VII. ENVIRONMENTAL REVIEW The City of Moses Lake issued a Determination of Non-Significance on January 20, 2021. There are no shorelines, wetlands, regulated waterways, or critical areas within the proposed project area. VIII. AGENCY And PUBLIC COMMENTS Agencies and Departments with jurisdiction have been given the opportunity to review the proposal. The following comments were received as indicated. Agencies Notified Response Received CITY OF MOSES LAKE N/R=No Reply Building N/R Engineering, Development and Surveyor Yes Fire Department Yes Storm Water N/R LOCAL Grant County Health District N/R Grant PUD N/R Cascade Natural Gas N/R Century Link N/R Multi-Agency Communications Center N/R Northland Cable N/R Grant County Assessor Yes Grant County Treasurer N/R Washington State Dept. of Ecology Yes Dept. of Fish and Wildlife YES Dept. of Archaeology and Historic Preservation Yes Dept of Transportation N/R FEDERAL US. Bureau of Reclamation Yes US Post Office N/R TRIBES Confederated Tribes of the Colville Reservation N/R Wanapum Band N/R Agency comments have been included as Exhibit B. No public comments were received at the writing of this staff report. Moses Lake Council Packet 5-25-21, Page 105 of 262 Page 9 of 11 IX. PROJECT ANALYSIS Upon review of the application materials, plat exhibits, public and agency comments, the Moses Lake Comprehensive Plan, and applicable codes and requirements, planning staff offer the following analysis and recommendation for the subject application: Comprehensive Plan Consistency The proposed project is consistent with Comprehensive plan as the PUD is located within a Medium Density Residential Designation. The proposed development is also consistent with the Housing components of the Comprehensive Plan. The proposal is consistent with surrounding land uses. Planned Development District The proponent is requesting flexibility in design of the development and modifications of the bulk and use regulations of the underlying zone. Additionally, the proponent has committed to develop the required open space as a park for neighborhood use. Consistency with the Moses Lake Municipal Code and Requirements. MLMC 18.67.090 Hearing Examiner Action. The Hearing Examiner shall review the planned development district for compliance with the following: Preliminary Planned Development District Requirements Review The planned development district shall be compatible with nearby developments and uses. Criterion Met. Adjacent land uses are compatible residential uses, with a mix of medium density and high- density zoning. Peripheral treatment ensures proper transition between planned development district uses and nearby external uses and developments. Criterion Met. A park will be located on the periphery of the development and available for use to the neighborhood. The proponent will develop the park, adding amenities such as a play structure and benches, etc. The development will have street scape landscaping to soften the appearance of the streets. The development will be consistent with the Comprehensive Plan and with the purpose of a planned development district Criterion Met. The Comprehensive Plan designates this property Medium Density Residential. The development is consistent with the purpose of the long-term vision of the community and meets a variety of housing needs. The planned development district can be completed within a reasonable period of time. Criterion Met. The applicant is ready to move forward with development pending Hearing Examiner and City Council approval of Preliminary Plat and Planned Development District. Moses Lake Council Packet 5-25-21, Page 106 of 262 Page 10 of 11 X. RECOMMENDATIONS As conditioned below, this application does not appear to be detrimental to the general public health, safety or welfare and meets the basic intent and criteria associated with Titles 14-20 of the Moses Lake Municipal Code, and the city of Moses Lake Comprehensive Plan. Staff recommends approval of LUA2020-0060 Maple Grove PUD, subject to the following findings of fact and conditions: Suggested Findings of Fact: 1. The applicant is Hayden Homes, LLC., 2464 SW Glacier Place, Ste. 110, Redmond OR, 97756. 2. General description: An application for approval of a preliminary major plat and preliminary approval of a Planned Development District to develop 91 single-family lots. 3. The subject property is located at the southwest corner of the intersection of Maple Dr. and Grape Dr. Assessor Parcel No. 110002002. 4. The Comprehensive Plan Designation is Medium Density Residential. 5. The subject property is in the R2-Residentail Zoning District. 6. Prior to recording, the applicant shall address all outstanding comments from agency and city departments as outlined in Exhibit A, Agency Comments. 7. As conditioned, the development will not adversely affect the general public, health, safety, and general welfare. Suggested Conclusions: 1. As conditioned, the development meets the goals, policies and implementation recommendations as set forth in the Moses lake Comprehensive Plan. 2. As conditioned, this proposal is consistent with applicable federal and state laws and regulations. 3. Public interest will be served by approval of this proposal. 4. As conditioned, the proposed is consistent with Title 17 “Subdivision” and Title 18 “Zoning” of the MLMC and Development standards for residential Uses. Suggested Conditions of Approval: 1. Prior to final plat submittal the applicant shall address the comments from the City’s Development Surveyor as outlined in the review letter dated February 4, 2021. 2. The applicant shall comply with the requirements of the Development Engineer as presented in the memo dated April 17, 2020. 3. The applicant shall pay development reimbursements fees as identified in the Development Engineers Memo dated 1/8/2020. 4. The applicant shall meet the requirements of the Moses Lake Fire Department as Identified in the January 5, 2021 letter. 5. The applicant shall address the issues of the Bureau of Reclamation as cited in the letter dated December 21, 2020. 6. Per the comments from the Department of Archeology and Historic Preservation, prior to construction the applicant shall conduct a professional archaeological survey of the project area. 7. The project shall proceed in substantial conformance with all applicable MLMC requirements in their entirety, including Building Code, International Building Code, and Fire Code. Moses Lake Council Packet 5-25-21, Page 107 of 262 Page 11 of 11 8. Per the comments from Department of Ecology, the applicant shall meet the standards for development outlined in the Water Quality Program regarding a construction stormwater general permit. 9. The applicant shall develop the neighborhood park as presented in the drawing in Exhibit C. 10. The applicant shall comply with all applicable local, state, and federal regulations. XI. ACTION The Hearings Examiner should review the application for the Preliminary Major Plat application in accordance Title 17.12 MLMC and the Planned Development District application in accordance with Section 18.67.090 and approve, conditionally approve, or deny the permit. The Hearings examiner should consider the findings of fact and approve or modify them. Respectfully Submitted, Vivian Ramsey Planning Manager Moses Lake Community Development EXHIBITS Attached Exhibit A - Plat PUD Drawing Exhibit B - Agency Comments Exhibit C- Park Plan Exhibit D - Application Moses Lake Council Packet 5-25-21, Page 108 of 262 EXHIBIT BMoses Lake Council Packet 5-25-21, Page 109 of 262 Moses Lake Council Packet 5-25-21, Page 110 of 262 Moses Lake Council Packet 5-25-21, Page 111 of 262 Moses Lake Council Packet 5-25-21, Page 112 of 262 Moses Lake Council Packet 5-25-21, Page 113 of 262 Moses Lake Council Packet 5-25-21, Page 114 of 262 Moses Lake Council Packet 5-25-21, Page 115 of 262 Moses Lake Council Packet 5-25-21, Page 116 of 262 EXHIBIT CMoses Lake Council Packet 5-25-21, Page 117 of 262 Moses Lake Council Packet 5-25-21, Page 118 of 262 Moses Lake Council Packet 5-25-21, Page 119 of 262 Moses Lake Council Packet 5-25-21, Page 120 of 262 Moses Lake Council Packet 5-25-21, Page 121 of 262 Moses Lake Council Packet 5-25-21, Page 122 of 262 Moses Lake Council Packet 5-25-21, Page 123 of 262 Moses Lake Council Packet 5-25-21, Page 124 of 262 Moses Lake Council Packet 5-25-21, Page 125 of 262 April 2, 2021 Vivian Ramsey, Planning Manager City of Moses Lake 321 S Balsam St Moses Lake, WA 98837 vramsey@cityofml.com City of Moses Lake Fire Department Fire Marshal's Office 701 E 3rd Ave Moses Lake WA 98837 Fire Marshal's Office (509) 764-3852 www.cityofml.com RE: Follow up Fire Department comments for Maple Grove PUD Ms. Ramsey, The fire department was contacted by Mr. Thoreson on March 22, 2021 requesting to have a discussion on some options for this POD. We had a Teams meeting with Mr. Crieghton in attendance from Womer and Associates. During this meeting we had discussion on all four of the conditions that they have opposed during the last hearing with some new options since the hearing on February 9, 2021. Hayden Homes brought the following as a proposal forward. * Eliminate Cul de Sac and construct T intersection for Sequoia and Maple Drive (Phase 2) * Install heat detector in the kitchen. o An extra alarm that would be interconnected to the smoke alarms in the residence. o In lieu of the NFPA 13D Life Safety system. * Allow vinyl fencing. o Hayden can record CC&R's that require vinyl fencing and eliminate cedar. o Building permit are required to install a fence. The building department will have to uphold the requirements per the CC&R's if fences were installed at later date. EXHIBIT D Moses Lake Council Packet 5-25-21, Page 126 of 262 The fire department has the following response to the proposal from Hayden Homes. We support the Elimination of the Cul de Sac and construct T intersection for Sequoia and Maple Drive (Phase 2). This does help with ingress/ egress for both residents and emergency vehicles. This does not address the narrow streets that are requiring the "No Parking" on one side. We are still requiring the "No Parking" on one side of the streets with signage. We did a site visit to the Crossroads Subdivision this last week. Hayden compared the street in this PUD as the same that was allowed in the Crossroad North Subdivision. (See attached photos) from Crossroads Subdivision (Truman & Taft). I believe this demonstrates the requirement for the No Parking on one side of the streets. The operation of fire suppression is time critical and requires good water supply. As the pictures show with narrow streets and parking on both sides, it would make it difficult to work around the engine. The water supply hose coming from the fire hydrant to the engine needs to be straight as possible with out kinks in the hose. This provides adequate water flow to the engine. Sharp turns decrease the available water to the pump. The attack hoses coming off the engine are 150 feet long for reaching structures. We need space to deploy these hoses to effectively suppress the fire. We support the idea of the heat detector. It does have the possibility to alert the occupants in the case of a kitchen fire. This could be an earlier notification than the traditional smoke alarm. If they are inter-connected to the buildings smoke alarms. This could eliminate the NFPA 1 3D requirement at this time for this PUD project. It would not preclude the requirement from future development in other areas of the jurisdiction. Vinyl fencing would be approved fencing material to the fire department for this PUD. If the contractor does have the CC&R's recorded and the building department upholds the requirement for this PUD in the future. The requirement for the vinyl Fencing that matches what is installed by the developer will need to be recorded with the Grant County Auditor to eliminate all owners or future owners from being allowed to replace or install any other type of fencing through out this PUD. If you have any questions, please contact me at (509) 764-3852 or you may email at dbeach@cityofml.com Sincerely, m,Digitally signed by Derek Beach Date: 2021.04.02 15:53:35 -07'00' Derek Beach, Asst Fire Chief/Fire Marshal Moses Lake Council Packet 5-25-21, Page 127 of 262 Moses Lake Council Packet 5-25-21, Page 128 of 262 Moses Lake Council Packet 5-25-21, Page 129 of 262 Moses Lake Council Packet 5-25-21, Page 130 of 262 Moses Lake Council Packet 5-25-21, Page 131 of 262 ITI aaaoa"" :"': u ski' -'y- E 0 I Moses Lake Council Packet 5-25-21, Page 132 of 262 Moses Lake Council Packet 5-25-21, Page 133 of 262 SPOKANE | COEUR D’ALENE April 6, 2021 Vivian Ramsey Via Email Planning Manager Department of Community Development 321 S. Balsam Street PO Box 1579 Moses Lake, WA 98837 (509) 764-3749vramsey@cityofml.com Re: Maple Grove — Materials for inclusion in Staff Report Dear Ms. Ramsey, Thank you for your April 5, 2021 email inquiring whether Hayden Homes, LLC has additional information to be submitted prior to the hearing for inclusion in the Staff Report. We appreciate the opportunity to submit materials, which we believe will aid the Hearing Examiner in the upcoming public hearing. Enclosed with this letter are the following materials, which we which we would like to be included in the Staff Report: A report authored by Scott R. Creighton FPE of Creighton Engineering Inc. andaccompanying exhibits. A March 25, 2021 email from Brian Thoreson to Fire Marshal Derek Beachmemorializing the recent negotiations between Mr. Thoreson, Mr. Creighton, and FireMarshal Beach. If you have any questions, please do not hesitate to contact us. Sincerely, WITHERSPOON ∙ KELLEY Encl. MICHAEL J. KAPAUN, WSBA #36864 STANLEY M. SCHWARTZ, WSBA #15518 ASTI M. GALLINA, WSBA #53361 Asti Gallina, WSBA #53361 amg@witherspoonkelley.com 509.624.5265 Exhibit E Moses Lake Council Packet 5-25-21, Page 134 of 262 SCOTT R. CREIGHTON REPORT AND ATTACHMENTS Moses Lake Council Packet 5-25-21, Page 135 of 262 CREIGHTON ENGINEERING INC. FIRE PROTECTION ENGINEERING AND CONSULTING SCOTT R. CREIGHTON, P.E. 815 S MARIGOLD Rd., Spokane Valley WA 99037 Cell Phone 509 991 1680 FIRE PROTECTION CONSULTING FOR INSTITUTIONAL, COMMERCIAL, INDUSTRIAL 815 S MARIGOLD RD PO BOX 63 SPOKANE VALLEY , WA 99037 Tel: 509.991 1680 February 27, 2021 Mr. Michael Kapaun: Witherspoon Kelley Law Office Mr. Brian Thoreson: Regional Land Development Manager 2464 SW Glacier Place | Redmond, OR 97756 To: City Of Moses Lake – Vivian Ramsey, Planning Mgr - Community Development RE: LUA2020-0060 Maple Grove DUD Maple Drive and Grape Drive Design Submitted In Code Adoption Period of 2015 IRC/IBC/IFC/WAC. References: 1. City of Moses Lake FD – Letter Dated January 5, 2021. 2. City of Moses Lake FD – Letter Dated February 4, 2021 3. COML – Final Staff Report on the Application – January 28, 2021. 4. Notice Of Decision – Maple Grove Preliminary Plat – February 11, 2021. 5. Hearing Examiner Decision on the Plat – February 11, 2021. 6. Hearing Examiner Decision on the PUD – February 11, 2021. 7. Staff Report – Prior Project by Hayden Homes (Crossroads North – 2015) 8. Plat Location – 1 page (Extract from Final Staff Report (page 2/11). 9. Maximum Residential House Offering for this PUD. Moses Lake Council Packet 5-25-21, Page 136 of 262 Maple Grove Preliminary Plat - Approval Fire Expert Commentary on Fire Department Requirements February 27, 2021 Page 2 Ms Vivian Ramsey, I have been briefed by Mr. Michael Kapaun on the history and process this plat approval has been through and have been asked to provide commentary on the Fire Department’s Condition(s) of Approval. This period of COVID 19 causes the process of development, hearings and communications between parties to be disrupted. The speed and continuity of proceedings is compromised. The legal implications of statutory rules met (not met) is left to Mr. Kapaun. This letter report provides the information I would have stated in the hearing as a fire protection/ fire life safety expert if I had been in the hearing. I would have provided commentary on the “fire conditions”. Please consider this letter “latent comments for the developer”. My comments would have come from the basis that I have read the attached documents and understand the overall situation including the variance requests that were permitted for higher density R-2 subdivisions. I have opinions on the conditions assigned by the fire department for fire life safety for this development. It is understood the Fire Department can assign whatever conditions the fire department deems necessary per the judgment of the fire department review however “the punishment must fit the crime” and be defensible in a matter of holistic context. This letter provides commentary (my opinion) on the need for the compensatory conditions required as offsetting conditions for the variance elements. For simplicity purposes I am primarily addressing the February 4, 2021 fire department review letter and let all other documents stand “as is”. The Fire Dept review letter is Attachment # 2. 1. Bullet Point # 1: Public Class Rating of 5: No Comment. 2. Bullet Point # 2: Standard Road Const: No Comment. 3. Bullet Point # 3: Fire Hydrant timing/flow: No Comment. 4. Bullet Point # 4: Road Signs: No Comment. 5. Bullet Point # 5: Maple Drive –Two Access No Comment. 6. Bullet Point # 6: Fire Flow Required – 1,250 GPM See Comments below. 7. Bullet Point # 7: Requires NFPA 13D fire sprinklers See Comments below. 8. Bullet Point # 8: Extra block length/hydrant spacing See Comments below. 9. Bullet Point # 9: Cul-de-sac – meet state standard No Comment. 10. Bullet Point # 10: “One side street parking maximum” See Comments below. 11. Bullet Point # 11: PL Fences – concrete or stucco: See Comments below. 12. Bullet Point # 12: Fire Resist Rated Construction: See Comments below. Moses Lake Council Packet 5-25-21, Page 137 of 262 Maple Grove Preliminary Plat - Approval Fire Expert Commentary on Fire Department Requirements February 27, 2021 Page 3 Specific Topic Conditions Commentary: Bullet Point # 6: Minimum Required Site Fire Flow. The reduced lot size and width resulting in a tighter housing density can be partially mitigated by provision of higher than minimum site fire flow. Per Point # 6 - the required site fire flow from fire hydrants shall be 1,250 GPM minimum. Each hydrant is required to be able to produce at least 1,250 GPM. Hydrants do not need to flow this level of GPM concurrently. Most jurisdictions limit the amount of discharge from a single fire hydrant to be 1,000 - 1,500 GPM at 20 PSI per the FIRE FLOW DEFINITION Section B102.1. Fire hydrant spacing is required per IFC Table C102.1 for commercial purposes or per locality residential standards. At the hearing it was not brought forth that this PUD will have site fire flow 50% in excess of code minimum. The water lines for this subdivision will be sized to carry at least 1,875 GPM site fire flow to remote fire hydrants. NOTE: (1,875 GPM provided/1,250 GPM required =’s 50% ”code excess”). This code excess fire flow provides a tremendous advantage for a fire department to manage higher housing density. Bullet Point # 7: NFPA 13D Fire Sprinkler Systems: NFPA 13D fire sprinkler systems are becoming more known and sometimes required in the United States but are far from being the adopted norm. NFPA 13D systems at this time are implemented when there are severe hazard conditions such as hazardous/inaccessible terrain, non standard egress/egress/rescue windows, severe weather (snow) conditions, extremely large houses, underground houses, heavily wooded surrounds, steep driveways or some combinations of any of the above. Sometimes NFPA 13D fire systems are required when residential construction is + 10 miles from a fire station in Washington Surveying & Rating Bureau (WSRB) Public Class 10 areas. NFPA 13D systems are implemented to enact “occupant self preservation” due to the lack of normal standard fire fighting methods and approaches. This PUD has none of the above severe conditions. Most of the homes will be 1 story with a maximum footprint of 1,500 SF or 2 story homes will have a maximum area of 2,250 SF – far less than the 3,600 SF threshold stated in Point # 6. The homes have 4 side access and 2nd floor bedrooms will have egress/rescue windows. There are a few communities (Scottsdale AZ for example) in the US where 13D systems are required for all new construction. This requirement has been presented and justified to the regulatory city councils and approved. In this case, the need for NFPA 13D sprinklers does not appear to be that there are severe hazard conditions that cannot be mitigated by other means such as listed in this letter. Bullet Point # 8: Extra Block Length/Hydrant Spacing: The extra block length issue is substantially mitigated by the civil engineer re-arranging fire hydrants to be per standard block length standards. Bullet Point # 09: No Comment: Moses Lake Council Packet 5-25-21, Page 138 of 262 Maple Grove Preliminary Plat - Approval Fire Expert Commentary on Fire Department Requirements February 27, 2021 Page 4 Bullet Point # 10: “One Side Street Parking Maximum”: We request further information so we can understand how the “one side street parking maximum” requirement substantially improves or changes manual fire suppression efforts. Thank you. Bullet Point # 11: “Property Line Fences – Concrete or Stucco”: We understand fences can be a path of combustion to adjacent structures. With the required 5 FT setbacks provided - the same as is for R-3 developments - which are more dense living arrangements, I feel the code’s total of 10 FT of structure fire separation distance (FSD) creates the needed fire spread safety stop. A fence made of ‘stucco” will deteriorate rapidly in this climate of hot and cold (expansion of materials). Bullet Point # 12: “Fire Resist Rated Construction”: There are many forms of fire resistance rated construction listed in the building and residential codes – each with their own special purpose and fire resistance rating (1/2 HR, 1 HR, 2 HR, 3 HR and 4 HR). A. Is it the intent of this paragraph to require Type VA (wood frame – 1 HR rating) construction throughout such that every interior and exterior wall complies with a UL numbered listing? B. Is it the intent of this paragraph to require exterior walls to be 1 HR rated construction? We have a suggestion for resolution of this matter and for Points #10 & #11. The maximum house size will be limited to far less than 3,600 SF. The maximum house size will be limited to 1,500 SF maximum footprint and 750 SF second floor for a total maximum enclosed SF area of combustible construction/contents to not exceed 2,250 SF including the garage. With the residence SF limited to a smaller footprint and overall area - the BTU content of the house and the exit travel distances are well below standard homes that would otherwise be permitted in this R-2 zone. The house size is brought to be “in equity” to the lot size/lot width reduction. The lot size reduction is 5,000 SF/7,000 SF =’s 71%. A 3,600 SF house size is the maximum for this require fire flow. The homes will be 2,250 SF/3,600 SF =’s 62.5% maximum BTU loading of allowable. The side yard setback requirement remains at 5 FT. We propose that the combination of reduced house size and code excess site fire flow mitigates the requirements of Points # 7, #10, #11 and #12. Moses Lake Council Packet 5-25-21, Page 139 of 262 Maple Grove Preliminary Plat - Approval Fire Expert Commentary on Fire Department Requirements February 27, 2021 Page 5 Summary: I (we) understand there is a need for an increment increase in fire safety due to the reduced lot sizes/widths but these sizes/widths are not less than allowed for R-3 high density residential. We do not want to be penalized to a degree greater than an R-3 development. The 13D requirement is an extreme requirement for a housing development with all the normal fire lane/access/terrain standards. We suggest the downsized homes mitigate the variance of lot/width size reduction. Reduced lot size equitably means smaller homes are appropriate. Smaller home size means reduced overall BTU loading per SF of the overall lot. The smaller home size with the standard required side yard setback in place minimizes the fire spread to adjacent properties to a level commensurate with other codes. The “50% code excess” site fire flow GPM provides the needed added measure to assure there is water available to defend adjacent properties. We propose these compensatory measures be approved for this plat/PUD approval and Conditions # 7, # 10, # 11 and # 12 be removed. In my opinion these measures provide code intended fire life safety along the lines of state norms (along with the required CO and smoke alarms and garage fire separation). We need a better understanding of how the one side of street parking substantially helps the fire department and fire access for this subdivision. We understand this could vary with other subdivisions of different shapes/streets or where there is technically difficult terrain. Our purpose in presenting alternative compensatory fire safety elements is to expedite the process towards approval. The purpose of fire engineering judgment is to promote innovative, flexible and responsive solutions that optimize the expenditure and consumption of resources while preserving social and economic values established by code intent. I am a senior fire protection engineer qualified to render risk assessment. I am a licensed Professional in the engineering discipline of FIRE PROTECTION in the State of Washington (# 21,283: 1984). I am qualified to render opinions regarding fire safety equivalency via education, professional examination and 37 years of professional evaluating fire hazards, life safety compliance and property loss control consulting experience. The building and fire code encourage risk assessment for unusual occupancies and “difference in conditions” construction and site configurations. COPYRIGHT AUTHORITY: Reproduction of any portion of this document is illegal except use in conjunction with code approval for the specific above noted project. This Technical Assessment and Opinion letter is proprietary. Re-use of this document (partial or whole) in any manner or form including digital transmission will incur full penalties under FEDERAL COPYRIGHT Laws. Moses Lake Council Packet 5-25-21, Page 140 of 262 Maple Grove Preliminary Plat - Approval Fire Expert Commentary on Fire Department Requirements February 27, 2021 Page 6 This is a Specific Application Design Solution. Use of this design solution or any part of the design solution for any other project is not permitted as this is a proprietary document. Solution(s) and or opinions offered in this document may not be copied by project owner, architect, design team or approving authorities for distribution, use or discussion for any other application without the author’s express written permission. CREIGHTON ENGINEERING, INC. Scott R. Creighton FPE Life Safety, Building and Fire Codes Consultant Creighton Engineering Inc. 815 S Marigold Rd. Spokane Valley WA 99037 Ph 509 991 1680 cell Licensed FPE, OR. WA. CA. ID. NOTE: This Fire System Assessment//Technical Information Document does not cover wind/weight load or seismic “safety” issues. Attachments: 1. Attach # 1: City of Moses Lake FD – Letter Dated January 5, 2021. 2. Attach # 2: City of Moses Lake FD – Letter Dated February 4, 2021 3. Attach # 3: COML – Final Staff Report on the Application – January 28, 2021. 4. Attach # 4: Notice Of Decision – Maple Grove Preliminary Plat – February 11, 2021. 5. Attach # 5: Hearing Examiner Decision on the Plat – February 11, 2021. 6. Attach # 6: Hearing Examiner Decision on the PUD – February 11, 2021. 7. Attach # 7: Staff Report – Prior Project by Hayden Homes (Crossroads North – 2015) 8. Attach # 8: Plat Location – 1 page (Extract from Final Staff Report (page 2/11). 9. Attach # 9: Maximum Residential House Offering for this PUD. Moses Lake Council Packet 5-25-21, Page 141 of 262 Moses Lake Council Packet 5-25-21, Page 142 of 262 Moses Lake Council Packet 5-25-21, Page 143 of 262 Moses Lake Council Packet 5-25-21, Page 144 of 262 Moses Lake Council Packet 5-25-21, Page 145 of 262 January 28, 2021 TO:Andrew Kottkamp, Moses Lake Hearing Examiner SUBJECT: Staff Report LUA3030-0060 Maple Grove PUD Assessor # 110002002 MOSES LAKE PROPONENT: Hayden Homes, LLC Brian Thoreson 2464 SW Glacier Place, Ste 110 Redmond OR 97756 OWNER: PIA, LLC 13419 NE 36'h Place Bellevue WA 98005 I. GENERAL INFORMATION Requested Action: The City of Moses Lake Community Development Department received an application for a Preliminary Major Plat and Preliminary Planned Development District and Deviations from Community Standards, with Environmental Checklist review. The PUD process will be used to construct 91 residential lots, in two phases on approximately 15.78 acres. The request requires approval of the Preliminary Major Plat by the Hearing Examiner, and a recommendation to City Council for approval from the Hearing Examiner for the deviations and the Preliminary Planned Development District, with adoption of an ordinance by City Council. (Exhibit A) Overview: Application Name and Number: Maple Grove Planned Unit Development LUA2020-0060 Application type: Environmental Checklist, Preliminary Major Plat, Planned Unit Development Zoning: R2-Single Family/Two Residential Location: The property is located west of Grape Dr and at the intersection of Maple Dr. Parcel: 110002002 iAugust-1-2,- >020 Pre-Application Conference Application Received Date Determined Complete Notice of Complete Notice of Application Agency Comments Due Newspaper Publication Site Posting Hearing Examiner December 14. 2020 December 14 2020 Decernberl4, 202Q T-January 4, 2021January 21, 2021 January 15, 2021 February 9, 2021 Moses Lake Council Packet 5-25-21, Page 146 of 262 II. SITE INFORMATION Site Characteristics: The majority of the subject property is generally flat with less than 1% slopes. The west 165 feet of the site slopes to approximately 26%. Future Land Use The Future Land Use Designation for the subject property is Medium Density Residential. The Future Land Use Designations for surrounding properties are as follows: North- High Density Residential West- High Density Residential South- Medium Density Residential East- General Commercial a'l y-. ;0- -( % 'l } l(. A % 0 l" as , i Fiqure 1: rulurclorid l)sr.' :iiup Page 2 of 11 Moses Lake Council Packet 5-25-21, Page 147 of 262 Zoning The subject property is zoned R2-Single/Two Family Residential. The surrounding properties are zoned as follows: North- R3-Multi-Family Residential West- R3-Multi-Family Residential South- R2-Single/Two Family Residential East- Urban Light Industrial (UGA) MosesLakeZonirig Figure j: Zonmg kbp Page 3 of 11 Moses Lake Council Packet 5-25-21, Page 148 of 262 Current Uses The site is currently vacant and covered with grasses. Surrounding uses are as follows: North-Vacant, residential East- Storage Units South-Multi-Family Residential West- Vacant n'(7:16:8Dei0 Figure 3: Vicinity Map Page 4 of ll Moses Lake Council Packet 5-25-21, Page 149 of 262 Ill. PRELIMINARY MAJOR PLAT APPLICATION REQUIREMENTS (MLMC 17.12.030) Criterion met.1. The subdivision shall make adequate provision for roads, streets, curbs, gutters, sidewalks, street lighting circuits, alleys, municipal utilities (sewer, storm, and water), drainage ways, irrigation water rights-of-way, other public ways, public access, and other improvements as deemed necessary in conformance with Community Street and Utility Standards, Chapter 1;, Chapter 17, and other codes and regulations that are applicable. 3. The subdivision shall be consistent with the Comprehensive Plan. I Criterion met. 4. The applicant shall make arrangements with Grant County PUD for Criterion met. payment of all street lighting fees. 5. Environmental information shall be prepared and submitted by the applicant in accordance with the guidelines established under the State Environmental Poiicy Act of 1971, as amended. Said information is a part of andshallaccompany the preliniinary subdivision applic5ition. i rt6-o.-sTthaetesiuabwd.ivision shall provide for irrigation water rights-of-way pursuant Criterion met 7. Unless an applicant requests otherwise, and the Plat Administrator agrees, a preliminary subdivision application shall be processed simultaneously with the application for rezones, deviations, planned development districts, building plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to those actions permit simultaneous processing. the site to be developed as qualified open space for public purposes, or shall be five percent (5%) of the gross area of the proposed development. For multi-family residential developments and combined single family and multi-family residential developments, dedication of open space shall be ten percent (10%) of the gross area of the proposed development. i i Criterion met. Criterion met. Criterion met. Criterion met. IV. Deviations The applicant has requested the following deviations from Community Standards and Zoning requirements: 1. Allow the maximum block length to be 786" in length, 126" feet longer that the required 660". 2. Allow a temporary cul-de-sac at the end of Phase 1 along Willow Street. 3. Allow interior lots to be less than 7,000 sq feet in area, 4. Allow minimum lot widths to be less than 65 ft. Page 5 of 11 Moses Lake Council Packet 5-25-21, Page 150 of 262 V. PLANNED DEVELOPMENT DISTRICT PURPOSE (MLMC 18.67.010) A. 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. B. A planned development district shall: 1. Encourage flexibility in design and development that will result in a more efficient and desirable use of the land. 2. Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, open spaces, off-street parking areas, and otherwise to better utilize the potentials of the site characterized by special features such as but not limited to geography, topography, or shape. 3. Provide for maximum efficiency in the layout of streets, utilities, and other public improvements. 4. Produce an integrated or balanced development of mutually supportive uses that might be otherwise inharmonious or incongruous. Zoninz and Development Standards: The subject property is located within R2-Residential Zone. The development is proposed as a Planned Unit Development. Per 18.67.020 Permitted Planned Development Districts are described as follows: -Criterion-met. A. Planned development districts may be approved for any use or ' Criterion met. combination of uses listed in Chapter 18.12 through Chapter 18.65 of this title as currently existing. The uses permitted in any specific planned development district shall be enumerated in the ordinance establishing the lplanned development district. B. Approved planned development districts are permitted in all commercial, residential, and industrial zones existing in the City of Moses Lake's Municipal Code. C. Planned development districts may be used for the following types of development: Planned Unit Developments. An area to be planned and developed as a single district containing one or more residential clusters with sufficient and appropriate collective open space and one or more publig quasi-public, commercial, and/or industrial areas. Criterion met. Page 6 of 11 Moses Lake Council Packet 5-25-21, Page 151 of 262 Vl. COMPREHENSIVE PLAN The Comprehensive Plan Designation is Medium Density Residential (MDR). The following goals and policies set forth in the comprehensive plan are relevant to this development: Medium Density Residential (MDR)- Characterized by a mixture of single family detached homes, duplexes, and a variety of other housing types, accessory uses and public and semi-public uses. Detached single family residences should predominate. Residential density generally ranges from four to eight dwelling units per acres. This designation should be implemented through the R-2 zone. Designation Criteria: Properties generally meeting the following criteria shall be considered for the MDR designation. 1. Existing mix of one- or two-family dwelling units. 2. If the area is undeveloped, it is proximate to a neighborhood of a mix of one- and two-family dwellings or is well suited to that use and is not suited to more intense residential development. Chapter 3. Land Use. Goal 4: The City shall encourage a range of housing opportunities through its residential land use designations for all citizens throughout the urban growth area. Policy 4.1 Densities should be set to encourage affordable housing stock that includes a range of housing types that meets the housing needs of all segments of the community. Page 7 of 11 Moses Lake Council Packet 5-25-21, Page 152 of 262 Chapter 4. Housing Goal 1: Provide for diversity in the type, density, and location of housing within the city in order to provide an adequate supply of safe and sanitary housing at price and rent levels appropriate to the varied capabilities of City residents. Policy 1.1 Encourage the public and private sector to take actions to develop and maintain an adequate supply of single family and multifamily housing for all economic segments of the population. Vll. ENVIRONMENT AL REVIEW The City of Moses Lake issued a Determination of Non-Significance on January 20, 2021. There are no shorelines, wetlands, regulated waterways, or critical areas within the proposed project area. Vlll AGENCY And PUBLIC COMMENTS Agencies and Departments with jurisdiction have been given the opportunity to review the proposal. The following comments were received as indicated. Mk!f!tl CITY OF MOSES LAKE N/R=No Reply Building N/R Engineering, Development and Surveyor Yes Fire Department LOCAL Grant PUD N/R US Post Office TRIBES Confederated Tribes of the Colville Reservation Wanapum Band Agency comments have been included as Exhibit B. No public comments were received at the writing of this staff report. Page 8 of 11 Moses Lake Council Packet 5-25-21, Page 153 of 262 IX. PROJECT ANALYSIS Upon review of the application materials, plat exhibits, public and agency comments, the Moses Lake Comprehensive Plan, and applicable codes and requirements, planning staff offer the following analysis and recommendation for the subject application: Comprehensive Plan Consistency The proposed project is consistent with Comprehensive plan as the PUD is located within a Medium Density Residential Designation. The proposed development is also consistent with the Housing components of the Comprehensive Plan. The proposal is consistent with surrounding land uses. Planned Development District The proponent is requesting flexibility in design of the development and modifications of the bulk and use regulations of the underlying zone. Additionally, the proponent has committed to develop the required open space as a park for neighborhood use. Consistency with the Moses Lake Municipal Code and Requirements. MLMC 18.67.090 Hearing Examiner Action. The Hearing Examiner shall review the planned development district for compliance with the following: Page 9 of II Moses Lake Council Packet 5-25-21, Page 154 of 262 X. RECOMMENDATIONS As conditioned below, this application does not appear to be detrimental to the general public health, safety or welfare and meets the basic intent and criteria associated with Titles 14-20 of the Moses Lake Municipal Code, and the city of Moses Lake Comprehensive Plan. Staff recommends approval of LUA2020-0060 Maple Grove PUD, subject to the following findings of fact and conditions: Suggested Findings of Fact: 1. The applicant is Hayden Homes, LLC., 2464 SW Glacier Place, Ste. 110, Redmond OR, 97756. 2. General description: An application for approval of a preliminary major plat and preliminary approval of a Planned Development District to develop 91 single-family lots. 3. ThesubjectpropertyislocatedatthesouthwestcorneroftheintersectionofMapleDr.and Grape Dr. Assessor Parcel No. 110002002. 4. The Comprehensive Plan Designation is Medium Density Residential. 5. The subject property is in the R2-Residentail Zoning District. 6. Prior to recording, the applicant shall address all outstanding comments from agency and city departments as outlined in Exhibit A, Agency Comments. 7. As conditioned, the development will not adversely affect the general public, health, safety, and general welfare. Suggested Conclusions: 1. As conditioned, the development meets the goals, policies and implementation recommendations as set forth in the Moses lake Comprehensive Plan. 2. As conditioned, this proposal is consistent with applicable federal and state laws and regulations. 3. Public interest will be served by approval of this proposal. 4. As conditioned, the proposed is consistent with Title 17 "Subdivision" and Title 18 "Zoning" of the MLMC and Development standards for residential Uses. Suggested Conditions of Approval: 1. Prior to final plat submittal the applicant shall address the comments from the City's Development Surveyor as outlined in the review letter dated February 4, 2021. 2. The applicant shall comply with the requirements of the Development Engineer as presented in the memo dated April 17, 2020. 3. The applicant shall pay development reimbursements fees as identified in the Development Engineers Memo dated 1/8/2020. 4. The applicant shall meet the requirements of the Moses Lake Fire Department as Identified in the January 5, 2021 letter. 5. The applicant shall address the issues of the Bureau of Reclamation as cited in the letter dated December 21, 2020. 6. Per the comments from the Department of Archeology and Historic Preservation, prior to construction the applicant shall conduct a professional archaeological survey of the project area. 7. The project shall proceed in substantial conformance with all applicable MLMC requirements in their entirety, including Building Code, International Building Code, and Fire Code. Page 10 of 11 Moses Lake Council Packet 5-25-21, Page 155 of 262 8. Per the comments from Department of Ecology, the applicant shall meet the standards for development outlined in the Water Quality Program regarding a construction stormwater general permit. 9. The applicant shall develop the neighborhood park as presented in the drawing in Exhibit C. 10. The applicant shall comply with all applicable local, state, and federal regulations. XI. ACTION The Hearings Examiner should review the application for the Preliminary Major Plat application in accordance Title 17.12 MLMC and the Planned Development District application in accordance with Section 18.67.090 and approve, conditionally approve, or deny the permit. The Hearings examiner should consider the findings of fact and approve or modify them. Respectfully Submitted, !i-Q7Vivian Ramsey /Planning Manager Moses Lake Community Development EXHIBITS Attached Exhibit A - Plat PUD Drawing Exhibit B - Agency Comments Exhibit C- Park Plan Exhibit D - Application Page 11 of 11 Moses Lake Council Packet 5-25-21, Page 156 of 262 X UU072 M !'February 11, 2021 Brian Thoreson Hayden Homes, LLC. 2464 Glacier Pace, Ste 110 Redmond OR 97756 SUBJECT: Notice of Decision - Maple Grove Preliminary Plat and Planned Development District Dear Mr. Thoreson: The City of Moses Lake Hearing Examiner has reviewed the Maple Grove Preliminary Plat and Planned Development District. The Hearing Examiner recommended to the City Council that the Maple Grove Planned Development District be approved, and approved Maple Grove Preliminary Major Plat. The approval is subject to the submittal of plans consistent with the conditions and regulations of the Moses Lake Municipal Code (MLMCI and the conditions placed by the Hearing Examiner. The Hearing Examiner's conditions of approval and the Findings of Fact, Conclusions, and Decisions are enclosed. Decisions of the Hearing Examiner may be appealed to the City Council by parties of record pursuant to the City of Moses Lake Municipal Code Chapter 20.11 by filing an appeal with the Community Development Department within 14 calendar days of the date of this letter. Written appeals must be submitted on or before the last day of the appeal period, which is February 24, 2021. Once the appeal period has expired, the Hearing Examiner's recommendation on the Planned Development District will be forwarded to the City Council. This project is expected to be included as a consent agenda item on March 9, 2021, and will be final on that date if approved by Council. The preliminary plat approval shall expires five years from the date the preliminary plat decision is final, unless an extension of the approval has been granted by the Council. Extensions must be requested at least thirty calendar days before the expiration of the five year period and may only be granted upon showing that the applicant has attempted in good faith to submit the final plat within the five year period. Once the approval period and any extensions have expired, this approval shall terminate and the application shall be void. Compliance with future City of Moses Lake codes, policies, or standards relative to this proposal shall not be waived by this approval. Staff is available to meet with you to explain the conditions of approval for your project, or the building permit process. If you would like to set up an appointment, please contact me or the appropriate staff members as listed on the attached page. Moses Lake Council Packet 5-25-21, Page 157 of 262 Sincerely, RCW 36.70B.130 requires that a notice of decision be provided to the applicant, any person who requested notice of the decision or submitted substantive comments on the application, and the county assessor's office. 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The fire district wishes to order an identical medic unit to the medic unit the City took delivery of in March. Entering into the cooperative purchasing agreement allows the fire district to “piggyback” onto our contract and would allow the City to jointly bid future purchases with the fire district which may benefit both agencies with more competitive pricing. Fiscal and Policy Implications 1. Cooperative purchasing agreements may benefit the cooperating agencies by enabling the agencies to receive better pricing through bulk purchasing. Council Packet Attachments A. Interlocal Purchasing Agreement Finance Committee Review N-A Legal Review N-A Moses Lake Council Packet 5-25-21, Page 237 of 262 Page 2 of 2 Options Option Results • Authorize as presented Enter into an Interlocal Purchasing Cooperative with Douglas County Fire District 5 • Take no action. Will not enter into the purchasing cooperative. Action Requested Staff recommends entering into the purchasing cooperative with Douglas County Fire District 5 which has potential competitive pricing benefits for both the City and the Fire District. Moses Lake Council Packet 5-25-21, Page 238 of 262 INTERLOCAL COOPERATIVE PURCHASING AGREEMENT THIS AGREEMENT is between CITY OF MOSES LAKE, a non-charter code city of the State of Washington, and DOUGLAS COUNTY FIRE PROTECTION DISTRICT #5, a public agency. WITNESSETH: WHEREAS, the lnterlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation between governmental agencies; and WHEREAS, Chapter 39.33 of the Revised Code of Washington provides for the intergovernmental disposition of property; and WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their mutual interest; NOW, THEREFORE, the parties agree as follows: 1. PURPOSE: The purpose of this agreement is to acknowledge the parties' mutual interest to jointly bid the acquisition of goods and services and to dispose of property where such mutual effort can be planned in advance and to authorize the acquisition of goods and services and the purchase or acquisition of goods and services under contract where a price is extended by either party's bidder to other governmental agencies. 2. ADMINISTRATION: No new or separate legal or administrative entity is created to administer the provisions of this agreement. 3. SCOPE: This agreement shall allow the following activities: A. Purchase or acquisition of goods and services by each party acting as agent for either or both parties when agreed to in advance, in writing, so long as competitive procurement requirements applicable to both parties are followed by the party leading the acquisition process; B. Purchase or acquisition of goods and services by each party where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract, so long as competitive procurement requirements applicable to both parties are followed by the party leading the acquisition process. C. Disposal of goods by each party acting as agent for either, or both parties when agreed to in advance, in writing. 4. DURATION AGREEMENT-TERMINATION: This agreement shall remain in force until canceled by either party in writing. Moses Lake Council Packet 5-25-21, Page 239 of 262 5. RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED: Each party reserves the right to contract independently for the acquisition of goods or services or disposal of any property without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity. 6. COMPLIANCE WITH LEGAL REQUIREMENTS: Each party accepts responsibility for compliance with federal, state or local laws and regulations including, in particular, bidding requirements applicable to its acquisition of goods and services or disposal of property. 7. FINANCING: The method of financing of payment shall be through budgeted funds or other available funds of the party for whose use the property is actually acquired or disposed. Each party accepts no responsibility for the payment of the acquisition price of any goods or services intended for use by the other party. 8. FILING: Executed copies of this agreement shall be filed or posted on a website as required by Section 39.34.040 of the Revised Code of Washington prior to this agreement becoming effective. 9. INTERLOCAL COOPERATION DISCLOSURE: Each party may insert in its solicitations for goods a provision disclosing that other authorized governmental agencies may also wish to procure the goods being offered to the party and allowing the bidder the option of extending its bid to other agencies at the same bid price, terms and conditions. 10. NON-DELEGATION/NON-ASSIGNMENT: Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign this agreement without the written consent of the other party. 11. HOLD-HARMLESS: Each party shall be liable and responsible for the consequence of any negligent or wrongful act or failure to act on the part of itself and its employees. Neither party assumes responsibility to the other party for the consequences of any act or omission of any person, firm or corporation not a party to this agreement. 12. SEVERABILITY: Any provision of this agreement, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or enforceability, without involving the remaining provisions or affecting the validity or enforcement of such provisions. City of Moses Lake Douglas County Fire Protection District #5 By:______________________________ By:_________________________________ Title:_______________Date__________ Title:__________________Date__________ Approved as to form: Approved as to form: __________________________________ ___________________________________ Moses Lake Council Packet 5-25-21, Page 240 of 262 STAFF REPORT To: Allison Williams, City Manager From: Richard Law, City Engineer Date: May 21, 2021 Proceeding Type: New Business Subject: Reject Bid Miscellaneous Sewer Repair Project -2021 Legislative History: • First Presentation: May 25, 2021 • Second Presentation: • Action: Motion Overview Staff received one bid for the Miscellaneous Sewer Repair Project -2021 on May 12, 2021. The City advertised for bids to be opened on May 5 and were not contacted by any interested parties. The City then spoke to some contractors and moved the bid date to give them time to turn in a bid. The lone bid was $827,777.09 and the Engineer’s Estimate was $680,475.58. Staff is recommending that Council reject all bids. Staff will look at restructuring or dividing the project to make it more appealing to smaller contractors that are looking for work. Fiscal and Policy Implications The project will require budgeted funds to be spent. Council Packet Attachment – Bid Summary Finance Committee Review N/A Legal Review N/A Options Option Results • Reject all bids as presented Staff will move forward with restructuring and rebidding the project. • Provide staff with changes • Take no action. Staff will stop working on this project and wait for further direction from City Council. Action Requested Staff recommends rejecting all bids for the Miscellaneous Sewer Repair Project -2021. Moses Lake Council Packet 5-25-21, Page 241 of 262 PROJECT NAME: Miscellaneous Sewer Repair Projects - 2021 BID RESULTS 1 Mobilization 1-09 1 L.S. $55,000.00 $55,000.00 $102,805.00 $102,805.00 2 Traffic Control 1-10 1 L.S.$16,000.00 $16,000.00 $40,000.00 $40,000.00 3 Sawcut Asphalt or Concrete 2-02 3900 L.F.$4.00 $15,600.00 $2.00 $7,800.00 4 Remove Curb and Gutter 2-02 120 L.F.$10.00 $1,200.00 $7.00 $840.00 5 Remove Pavement and Concrete Sidewalk 2-02 720 S.Y.$20.00 $14,400.00 $5.00 $3,600.00 6 Remove COF Headworks Structure 2-02 1 L.S.$20,000.00 $20,000.00 $28,000.00 $28,000.00 7 Remove I Beam and Concrete Pillar 2-02 1 L.S.$3,000.00 $3,000.00 $6,500.00 $6,500.00 8 Remove Police Storage and Firing Line Structures 2-02 1 L.S.$15,000.00 $15,000.00 $13,000.00 $13,000.00 9 Remove Well 22 Structure 2-02 1 L.S.$12,000.00 $12,000.00 $10,000.00 $10,000.00 10 Remove and Replace Chain Link Gate 2-02 1 L.S.$2,400.00 $2,400.00 $2,000.00 $2,000.00 11 Remove and Replace Fence 2-02 40 L.F.$20.00 $800.00 $34.00 $1,360.00 12 Roadway Excavation 2-03 1 L.S.$25,000.00 $25,000.00 $7,000.00 $7,000.00 13 Water 2-07 500 MGal $15.00 $7,500.00 $31.00 $15,500.00 14 Shoring or Extra Excavation 2-09 7800 S.F.$0.20 $1,560.00 $0.45 $3,510.00 15 Gravel Backfill for Retaining Wall 2-09 8 C.Y.$20.00 $160.00 $124.00 $992.00 16 Trimming and Cleanup 2-11 1 L.S.$20,000.00 $20,000.00 $6,000.00 $6,000.00 17 Crushed Surface Top Course 4-04 415 TON $25.00 $10,375.00 $36.00 $14,940.00 18 HMA Cl 3/8 Inch PG 64-28 5-04 250 TON $150.00 $37,500.00 $144.00 $36,000.00 19 HMA Patch Cl 3/8 Inch PG 64-28 5-06 650 S. Y.$40.00 $26,000.00 $73.00 $47,450.00 20 Structural Low Alloy Steel Structure 6-03 1 L.S.$30,000.00 $30,000.00 $40,000.00 $40,000.00 21 Install Ductile Iron Pipe Rail Fence 6-03 1 L.S.$2,000.00 $2,000.00 $9,500.00 $9,500.00 22 Concrete Class 4000 For Retaining Wall 6-11 35 C.Y.$120.00 $4,200.00 $1,170.00 $40,950.00 23 Steel Reinforced Bar 6-11 2200 LB $1.00 $2,200.00 $3.50 $7,700.00 24 Drain Pipe 4 Inch Diameter 7-01 135 L.F.$50.00 $6,750.00 $35.00 $4,725.00 25 Install Manholes 7-05 3 EA $7,500.00 $22,500.00 $3,585.00 $10,755.00 26 Sewer Bypass 7-05 1 EA $7,500.00 $7,500.00 $3,150.00 $3,150.00 27 Abandon Existing Manholes 7-05 2 EA $2,000.00 $4,000.00 $480.00 $960.00 28 Connect to Existing Manhole 7-05 1 EA $1,000.00 $1,000.00 $900.00 $900.00 29 Plug Existing Manhole Connection 7-05 2 EA $500.00 $1,000.00 $400.00 $800.00 30 Catch Basin, 20in x 24in 7-05 1 EA $1,700.00 $1,700.00 $1,600.00 $1,600.00 31 Adjust Manholes, Catch Basins, Valve Boxes and Irrigation Boxes to Grade 7-05 12 EA $600.00 $7,200.00 $450.00 $5,400.00 32 Connect to Existing Drywell 7-05 1 EA $600.00 $600.00 $635.00 $635.00 33 Connect to Existing Catch Basin 7-05 1 EA $600.00 $600.00 $700.00 $700.00 34 Plug Existing Pipe 7-08 8 EA $500.00 $4,000.00 $225.00 $1,800.00 35 PVC Pipe Water Main 6 Inch 7-09 260 L.F.$60.00 $15,600.00 $66.00 $17,160.00 36 Connect to Existing 6 Inch Water Main 7-10 1 EA $1,000.00 $1,000.00 $2,900.00 $2,900.00 37 Remove Existing Hydrant 7-14 1 EA $1,000.00 $1,000.00 $400.00 $400.00 38 Hydrant Assembly 7-14 2 EA $5,500.00 $11,000.00 $4,635.00 $9,270.00 39 PVC Sewer Pipe 6 Inch Diameter 7-17 110 L.F.$50.00 $5,500.00 $58.00 $6,380.00 40 PVC Sewer Pipe 8 Inch Diameter 7-17 600 L.F.$60.00 $36,000.00 $67.00 $40,200.00 41 Tapping Sleeve and Valve Assembly 16 Inch 7-17 1 EA $5,500.00 $5,500.00 $7,700.00 $7,700.00 42 Bypass Pumping 7-20 1 L.S.$20,000.00 $20,000.00 $4,000.00 $4,000.00 43 Access Cover 7-20 2 EA $4,000.00 $8,000.00 $9,450.00 $18,900.00 44 PVC Sewer Force Main, 6 Inch Diameter 7-20 850 L.F.$50.00 $42,500.00 $59.00 $50,150.00 45 Install COF Bypass Assembly 7-21 1 L.S.$18,000.00 $18,000.00 $17,500.00 $17,500.00 46 Sod Installation 8-02 100 S.F.$4.00 $400.00 $13.00 $1,300.00 47 Repair Disturbed Irrigation System 8-03 1 L.S.$500.00 $500.00 $5,700.00 $5,700.00 48 Cement Concrete Curb and Gutter 8-04 100 L.F.$45.00 $4,500.00 $35.00 $3,500.00 49 Cement Concrete Driveway 8-14 40 S.Y.$200.00 $8,000.00 $70.00 $2,800.00 50 Cement Concrete Sidewalk and Slab 8-14 100 S.Y.$180.00 $18,000.00 $70.00 $7,000.00 51 Electrical 8-19 1 L.S.$52,000.00 $52,000.00 $91,000.00 $91,000.00 52 Paint Line 8-22 300 L.F.$5.00 $1,500.00 $3.00 $900.00 627,745.00$ $763,632.00 8.4%52,730.58$ $64,145.09 680,475.58$ $827,777.09 Schedule A: Sewer Improvements Engineers Estimate Rotschy Inc Vancouver WA PROJECT NUMBER: GC2021-028 SUBTOTAL SCHEDULE A SALES TAX Total Schedule A ITEM ITEM DESCRIPTION SECTION APPROX. QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Moses Lake Council Packet 5-25-21, Page 242 of 262 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: May 20, 2021 Proceeding Type: New Business Subject: Reinhard Short Plat Waiver, Deferral, and Deviation Legislative History: • First Presentation: April 13, 2021 (Hearing Examiner) • Second Presentation: May 25, 2021 City Council • Action: Motion Overview In submitting an application for a short subdivision, Northwest Properties, LLC Ernest Reinhard has requested deviations and deferrals of the City of Moses Lake Community street and utility standards. Though the Community Development Director approves/denies short plats, the Moses Lake City Council is tasked with the decision to approve or deny deviations, deferrals, and waivers upon recommendation of the Hearing Examiner, who holds the public hearing. The Moses Lake Hearing Examiner held a public hearing on April 13, 2021, to consider deviations, deferrals, and waiver requested by Northwest Properties, LLC on the Reinhard Short Plat. The subject property is located at 11676 NE Kittelson Rd. As shown on the plat map, a twenty-foot portion of the property extends to Ramm Rd. Request Hearing Examiner Recommendation 1. Defer improvements to standards along Ramm Road for road and utility improvements Approval. PROVIDED that the City of Moses Lake and the Applicant reach an agreement suitable to the City of Moses Lake through either a covenant, or a development agreement regarding these future improvements. If no such agreements are made, then the Hearing Examiner recommends denial. This shall be addressed prior to recording the document or the approval is void. 2. Grant a deviation standard for the roadway width dedication on the plat for dedication to Kittelson Rd. Approval Moses Lake Council Packet 5-25-21, Page 243 of 262 Page 2 of 2 3. Grant deferral request for the full width improvements of the Kittelson Road, including: A. Curb, gutter and sidewalk improvements on the South side of Kittelson Road for the full width of the plat. B. Defer the following improvements to time of site- specific construction, including: water, sewer and sidewalk along the North side of Kittelson Road. C. Defer street improvements to Kittelson Road through use of a covenant until such time as Kittelson Road is reconstructed. D. Grant a deferral of improvements along the north side of Kittelson Road, including the extension of water and sewer services to the end of property along Kittelson Road until site specific development of the construction of the mini-storage facility and allow the plat to be finalized prior to improvements. Denial 4. Grant a waiver to improvements for the portion of the property that is located within the Shurm Plat (the previously platted portion of the property) for road and utility improvements as these improvements are existing. Approval Fiscal and Policy Implications City Staff has provided recommendations based on the best fiscal analysis to support longevity of City infrastructure. The recommendations associated with the deviations, deferrals and waivers follow fiscal expectations associated with road and infrastructure improvements needed to support the proposed development. Council Packet Attachments A. Hearing Examiner Finding of Facts Conclusions of Law and Decision B. Staff Report C. Site Map Finance Committee Review N/A Legal Review N/A Action Requested Staff Recommendation – Motion to approve Hearing Examiner recommendations. Moses Lake Council Packet 5-25-21, Page 244 of 262 Moses Lake Council Packet 5-25-21, Page 245 of 262 Moses Lake Council Packet 5-25-21, Page 246 of 262 Moses Lake Council Packet 5-25-21, Page 247 of 262 Moses Lake Council Packet 5-25-21, Page 248 of 262 Moses Lake Council Packet 5-25-21, Page 249 of 262 Moses Lake Council Packet 5-25-21, Page 250 of 262 Moses Lake Council Packet 5-25-21, Page 251 of 262 1 April 6, 2021 TO: Andrew Kottkamp, Moses Lake Hearing Examiner SUBJECT: Staff Report LUA 2020-0086 Reinhard Short Plat Deferrals/ Waivers I. GENERAL INFORMATION Requested Action: The Hearing Examiner should review the application for Waivers, Deferrals and Deviations and not approve the permit. The Hearing Examiner should consider the findings of face and not approve the Variance. Section 17.09.050 regarding Short Subdivisions and in accordance with Chapter 17.33 Waivers, Deferrals and Deviations. Section 17.33.010: There is established a procedure for granting a waiver, deferral, or deviation of the regulations contained in this title, as follows: A. Any subdivider can make application to the Community Development Department for a waiver, deferral, or deviation or any provision contained in this title provided the request is received concurrently with the proposed subdivision or dedication. Such application shall include any and all details necessary to support the application. B. The Hearing Examiner shall not recommend a waiver, deferral, or deviation of the subdivision regulations unless it shall find that the following conditions exist in each case of a request: 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. In recommending a waiver, deferral, or deviation, the Hearing Examiner may require such conditions as will secure, in so far as practicable, the objectives of the requirement waived, deferred, or deviated from. Any waiver, deferral, or deviation authorized shall be entered in the minutes of the Hearing Examiner together with the circumstances that justify the waiver, deferral, or deviation granted. C. If a preliminary plat has not been approved as final within one (1) year for a short plat or seven (7) years for a major plat after the waiver, deferral, or deviation is granted, that waiver, deferral, or deviation shall become null and void. Any extension of the plat applies to the waiver, deferral, or deviation. Overview: Applicant: Northwest United Properties, LLC. Series 2 (Ernest Reinhard) Zone: C2 Commercial Parcel #: 110076004 Address: 28727 Pacific Hwy. S. Federal Way, WA. 98803 Location: 11676 NE Kittleson Rd. Moses Lake, WA. 98837 Moses Lake Council Packet 5-25-21, Page 252 of 262 2 Application Processing: The following summarizes the key application procedure dates for this proposal: Application Procedures/ History Date Application Received: December 9, 2020 Date determined complete: January 11, 2021 Notice of Application January 11, 2021 Agency Comments due January 25, 2021 Newspaper publication & Site Posting March 18, 2021 Hearing Examiner Public Hearing April 13, 2021 II. SITE INFORMATION Site Characteristics: This site has been developed in the past. Currently is flat with four (4) buildings on the property. Figure 1: Vicinity Map Moses Lake Council Packet 5-25-21, Page 253 of 262 3 III. ANALYSIS Table 1: Requested Waivers, Deferrals, Deviations, applicant justification and staff recommendation Requested Waiver Applicant justification (from project narrative) Staff Analysis 1.) Grant a deferral to improvements to City community standard along Ramm Road for road and utility improvements. It is anticipated that a covenants would be required for these or a portion of these improvements. Ramm Road is a county roadway that does not meet current standard. The City incorporated boundaries are at the intersection of Ramm and Kittelson Road. It would be difficult to engineer a 20’ portion of the roadway that fronts onto this road to meet City community standards. There is an existing deferral for the Olin Development short plat that is further north along Ramm Road was granted that deferred improvements to construction. If a covenant was granted for these road and utility improvement, then the party that completed the improvements could set a reimbursement plan and the covenants be called into place and this proponent would then have to pay for their fair share of said improvement. Deferral Not Recommended: This area is developing and growing, just because historically this was a county road, commercial development relating to high traffic uses due to proximity to I-90 need adequate and in place improvements, not deferred road and utility infrastructure. Per the Development Engineer Letter, dated February 1, 2021, the waiver request relating to Ramm Road is not recommended. • While Ramm road is not classified by the city, the current use would classify this as a commercial tertiary collector. Right of way shall be dedicated to match the classification of a tertiary street. • The applicant shall be required to covenant for the half-width construction of Ramm Road to include water, sewer, street, curb, sidewalk and storm drainage. 2.) Grant a deviation to standard for the roadway with dedication on the plat for dedication to Kittelson Rd. Kittelson Road deviation request for roadway width is needed to conform to surrounding adjacent existing widths. The Department of Natural Resources (DNR) owns the property along the south side of Kittelson Road. The plats that are located adjacent and within this request have provided for a 60’ road width (30’ either side of centerline). The current community standard for secondary streets (Kittelson Road) is 80’ right of way. Requiring this additional 10’ width would provide no additional benefit and would change the condition or nature of adjoining areas. Additionally, this would unnecessarily limit the use of the property. Deviation Recommended: Kittelson Road is classified as a secondary street. Moses Lake Community Street and Utility Standards state a secondary street requires 80 feet of right of way. Platt’s previously approved by the City of Moses Lake, Shiloh SP 1989, Shari’s 1993, Ernie’s First addition 1984 were only required to dedicate 30 feet of right of way for Kittelson Road. It would seem the precedent has been set prior to this plat application allowing to the total right of way width of 60 feet, 30 feet from each parcel. Moses Lake Council Packet 5-25-21, Page 254 of 262 4 3.) Grant a deferral request for the full width improvements of Kittelson Road, including: A.) Curb, gutter and sidewalk improvements on the South side of Kittelson for the full width of the plat. B.) Defer the following improvements to time of site specific construction, including : water, sewer and sidewalk along the North side of Kittelson Road. C.) Defer street improvements to Kittelson Road through use of a covenant until such time as Kittelson Road is reconstructed. D.) Grant a deferral of improvements along the north side of Kittelson Road, including the extension of water and sewer services to the end of property along Kittelson Road until site specific development of the construction of the mini-storage facility and allow the plat to be finalize prior to the improvements. Road improvements to Kittelson Road. The roadway is the transition from City standard to a County standard. The old standard was half-width improvements to the plat. If half width improvements are required, then it would be difficult to develop half-width. In the event that full-width improvements are required, which we have only heard is the new required (unsure of where this is located in municipal code) than it is unlikely that the DNR will pay their fair share of this improvement, as a reimbursement agreement would be established and expire within 15 years from the date of development. This places an unfair hardship on the developer because DNR property is typically retained for long periods of time. Deferral Not Recommended: Per the Development Engineer Letter, dated February 1, 2021, deferral requests relating to Kittelson Road are not recommended. Section 17.24.030 outlines the requirements relating to street improvements. The following are applicable to this application: • The applicant is required to develop to City of Moses Lake standards. • In 1993 Reinhard & Strum extended full width street improvements from the then current end of improvements appropriately 200 feet to the east. Department of Natural Resources owned the adjacent property at that time and the applicant was willing to extend full width improvements. • The municipal code states the applicant is responsible for the halfwidth construction of the roads adjacent to the property being platted unless the City deems it necessary due to use, full width streets would be required. The applicant should be required to provide information on use prior to the City determining if full construction is required. The applicant has not submitted this information, so the deferral is not recommended at this time. 4.) Grant a waiver to improvements for the portion of the property that is located within the Sturms Plat (the previously platted portion of the property) for road and utility improvements as the improvements are existing. A waiver to the improvements for the portion of the property that is being re-platted from the original Sturms Plat along Kittelson Road is justified because these improvements are already existing. To tear out improvements that are adequately installed would not provide a benefit to the overall project. Additionally, it is unlikely that the amount of users would justify the additional cost to tear out and replace these improvements. Waiver Recommended: Figure 2 illustrates the approved Sturms plat from 1994. There was a 10’ utility easement dedicated to the PUD. In accordance with the approved plat there are existing improvements and utilities in place. Thus, the waiver is recommended because the cost to replace and reconfigure the existing road and utilities is burdensome. Moses Lake Council Packet 5-25-21, Page 255 of 262 5 Figure 3: Sturm's Short Plat Approved in 1994 Figure 2: Proposed Reinhard Short Plat Moses Lake Council Packet 5-25-21, Page 256 of 262 6 IV. AGENCY COMMENTS The following agencies have been sent copies of the proposal and have commented as indicated below: Agency Notified Response Received LOCAL City of Moses Lake Building Department YES City of Moses Lake Fire Department YES City of Moses Lake Engineering Department YES Grant County YES Grant County Health District N/R Grant County PUD N/R Cascade Natural Gas N/R Century Link N/R ECBID YES MLIRD N/R Multi-Agency Communications Center N/R Northland Cable N/R STATE WA State Dept. of Ecology N/R WA State Dept. of Fish and Wildlife N/R WA State Dept. of Archaeology and Historic Preservation N/R WA State Dept. of Transportation N/R WA State Dept. of Natural Resources N/R City of Moses Lake Municipal Services N/R FEDERAL U.S. Bureau of Reclamation YES U.S. National Park Service N/R TRIBES Yakama Nation N/R The Confederated Tribes of the Colville Reservation N/R Spokane Tribe N/R Wanapum Tribe N/R *N/R = No Reply Agency comments have been included as an exhibit to the staff report. No public comments were received at the writing of this staff report. V. STAFF RECOMMENDATION: Staff does not find the property to have unusual or existing physical conditions that would cause unusual or unnecessary hardship on the subdivider. While staff is recommending denial of the deferral to Ramm Road and deferral of the improvements to Kittelson Road, there are two requests that staff is recommending for approval. The first is a deviation to the standard roadway width because of a precedent set on Kittelson for 60 feet of right of way versus the 80 feet current standard. The second recommended for approval is a waiver to the right of way and utility improvements only on the portion of Sturms plat as outlined in Figure 2 and Figure 3 of this staff report. In summary, the applicant has requested the following waivers, deferrals, and deviations. Staff is recommending approval or denial of each request based on the analysis provided in this staff report, agency responses, and all exhibits. Moses Lake Council Packet 5-25-21, Page 257 of 262 7 1.) Recommend denial: Deferral on the improvements to the City standard alone Ramm Road for a road and utility improvements. It is anticipated that a covenant would be required for these or a portion of these improvements. 2.) Recommend approval: Grant a deviation to standard for the roadway with dedication on the plat for dedication to Kittelson Rd. 3.) Recommend denial: Grant a deferral request for the full width improvements of Kittelson Road, including: A.) Curb, gutter, and sidewalk improvements on the South side of Kittelson for the full width of the plat. B.) Defer the following improvements to time of site specific construction, including: water, sewer and sidewalk along the North side of Kittelson Road. C.) Defer street improvements to Kittelson Road through use of a covenant until such time as Kittelson Road is reconstructed. D.) Grant a deferral of improvements along the north side of Kittelson Road, including the extension of water and sewer services to the end of property along Kittelson Road until site specific development of the construction of the mini-storage facility and allow the plat to be finalize prior to the improvements. 4.) Recommended approval: Grant a waiver to improvements for the portion of the property that is located within the Sturms Plat (the previously platted portion of the property) for road and utility improvements as the improvements are existing. VI. EXHIBITS: Exhibit 1: Applicant Submittal Exhibit 2: Agency Comments Exhibit 3: Noticing Documents Respectfully submitted, Amy Harris, Associate Planner Community Development Department Moses Lake Council Packet 5-25-21, Page 258 of 262 Moses Lake Council Packet 5-25-21, Page 259 of 262 Moses Lake Council Packet 5-25-21, Page 260 of 262 Moses Lake Council Packet 5-25-21, Page 261 of 262 Moses Lake Council Packet 5-25-21, Page 262 of 262