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FINAL 2021 0824 Council Agenda Packet Moses 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 OPTION and IN PERSON UPDATE  Citizens can join this meeting remotely by calling the numbers listed at the bottom of the agenda, or via internet  at https://cityofml.zoom.us/j/95160346024. Persons requesting to address the Council from the remote option will  need to complete the online speaker requst form before 3 p.m.. on the day of the meeting. Masks will be required  for in person attendees.    Regular Meeting Agenda  Tuesday, August 24, 2021 Moses Lake Civic Center – 401 S. Balsam or remote access    6:30 p.m. Executive Session – Potential Litigation pursuant to RCW 42.30.110(1) (i)    Call to Order – 7 p.m.    Roll Call     Pledge of Allegiance    Approval of the Agenda    Summary Reports:   Mayor’s Report  ‐ Childhood Cancer Month Proclamation  Additional Business  City Manager’s Report   ‐ New Hire/Promotions – Municipal Services, Community Development   ‐ Stratford Rd. Completion Project Update   ‐ Love’s Travel Stop Road Construction Plan   ‐ Dangerous Building Declaration: El Primo Carniceria, 323 S. Pioneer Way   #1 ‐ 2nd Quarter Financial Report page 4    Citizen’s Communications    Moses Lake Council Packet 8-24-21, Page 1 of 101 August 24, 2021, City Council Meeting Page 2 _________________    Public Hearing   Due to the COVID‐19 pandemic, please use the link above 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.  #2 pg 15  Fox Property Vacate Ordinance Presented by Melissa Bethel, Community Development Director   Summary: Conduct Hearing, Review and Continue until September 14.  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.  #3 pg 31  a.City Council Meeting Minutes Dated August 10, 2021 b.Claims and Payroll c.Reject Misc. Sewer Repair Project Bid d.Aspect Consulting Task #11 Contract e.RH2 Contract for Tana Lift Station Old Business  #4  Motion  #5  Motion  pg 51 Pumper‐Tender LOCAL Funding Ordinance 2891  Presented by Cindy Jensen, Finance Director      Summary: Council to review and consider adoption   pg 84  Local Income Tax Ban Resolution 3863  Presented by Allison Williams, City Manager   Summary: Council to review and consider adoption  New Business  #6  Motion  #7  Motion   pg 87 Award Burr Ave Water Project  Presented by David Bren, Municipal Services Director   Summary: Council to review and consider approval  pg 92 Replacement Brush Truck   Presented by Brett Bastian, Fire Chief   Summary: Council to review and consider approval   Moses Lake Council Packet 8-24-21, Page 2 of 101 August 24, 2021, City Council Meeting Page 3                                        _________________                Administrative Reports   ‐ Road Painting Complete  ‐ Smith Travel Report July 2021  ‐ Finance Director Retirement    Council Communications and Reports    Adjournment    Next Regular Council Meeting is scheduled for September 14, 2021    Zoom Meeting – Audio Only Please click the link below to join the webinar:  https://cityofml.zoom.us/j/95160346024  Or iPhone one‐tap: US: +12532158782,,95160346024#  or +13462487799,,95160346024# 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: 951 6034 6024. 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 8-24-21, Page 3 of 101 MEMORANDUM To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Subject: 2021 2nd Quarter Budget Revenue and Expenditure Report I am pleased to submit the City of Moses Lake’s 2021 second quarter actual results compared to budgeted revenue and expenditure report for all city funds. Beginning Fund Balances shown are subject to final adjustments made as a result of the year-end closing process, which will not be officially concluded until the State Auditor’s work is completed this fall. Overall, we are seeing recovery from the economic slowdown caused by the “Stay Home, Stay Safe” response to COVID-19-- we weathered this storm in much better financial condition than many other local governments. The City budget is performing as expected in many areas through the second quarter of 2021. At the end of the second quarter 2021, we are seeing typical variances tied to position vacancies and the timing of annual dues/assessments. Because several of the principal payments on debt service are due in the 3rd quarter, we completed the debt service transfers in the 2nd quarter. Some of the operational activity that was slower in the first quarter because of the winter months have picked up in the summer, although the Parks and Recreation programs still had some capacity limits because of the COVID rules. We are experiencing growth in sales tax and building related permits and fees because of major construction projects in the city limits. Capital projects are still underspent because of long lead- in times that are typical of this activity. As a whole, we are not anticipating distress in our 2021 budget. This report is summarized by type of fund, and reported by functional type, and includes the following sections: City-Wide Overview General Fund Revenue Analysis General Fund Expenditure Analysis Other Funds Analysis Conclusion Exhibit I—Fund Detail that supports the Summaries Moses Lake Council Packet 8-24-21, Page 4 of 101 City‐Wide Overview    2020 Adopted Percent Actual Budget Actual Rec'd General Fund 12,491,203$ 27,623,830$ 14,777,390$ 53.5% Operating/Enterprise Funds 17,479,019 35,795,909 21,373,378 59.7% Capital Improvement Funds 2,599,465 16,345,380 14,130,558 86.4% Risk Mgmt/Employee Benefit 423,128 971,100 948,918 97.7% Debt Service Funds 2,268,797 3,180,950 2,266,950 71.3% Total City Revenues 35,261,612$ 83,917,169$ 53,497,194$ 63.7% 2021 Revenue Comparison (Budget vs. Actual--50% of year) 2020 Adopted Percent Actual Budget Actual Spent General Fund 12,919,323$ 29,536,084$ 13,622,827$ 46.1% Operating/Enterprise Funds 16,798,098 39,337,593 18,341,487 46.6% Capital Improvement Funds 3,021,979 23,157,100 2,739,768 11.8% Risk Mgmt/Employee Benefit 722,145 1,032,500 841,524 81.5% Debt Service Funds 734,175 3,179,575 705,304 22.2% Total City Expenditures 34,195,720$ 96,242,852$ 36,250,910$ 37.7% Expenditure Comparison (Budget vs. Actual--50% of year) 2021 Moses Lake Council Packet 8-24-21, Page 5 of 101 General Fund Revenue Analysis  Property Tax – The first half of the Property Tax assessment is due to the Grant County Treasurer by April 30, and the second half is due October 31. The budget was set based on assumptions of new construction and collection rates, and then discounted for collection delinquencies. Even though the levy for 2021 was set at $7.721 million, we only budgeted $7.664 million. It should be noted that the budget does not include the delinquent payment arrangement by a major taxpayer. At this point in time, it appears collections could come in slightly over budget, so we are not anticipating this major revenue source will at least meet budget, and will exceed it if the delinquent taxpayer makes their second agreed upon payment at year end. Sales Tax – Even though we expected this major revenue source to drop in 2020 because of the COVID economic shutdown, it exceeded the 2019 actual and ended 2020 at $7.34 million, and was conservatively set slightly below the 2020 actual at $7.2 million assuming COVID would affect the beginning of the year. However, through the 2nd quarter, sales tax was up 26.6% over the prior year, and at the end of July, we are ahead of 2020 by almost $1 million or 24.5% year to 2020 20 vs 21 Adopted Percent Percent Actual Budget Actual Rec'd Change 310 Taxes Property Tax 4,125,888$ 7,664,700$ 4,757,147$ 62.1% 15.3% Sales Tax 3,341,429 7,200,000 4,230,547 58.8% 26.6% Sales Tax-Public Safety 88,037 1,200,000 643,423 53.6% Utility Tax 1,752,297 3,279,900 1,769,052 53.9% 1.0% Gambling Tax 121,244 221,000 81,687 37.0% -32.6% Other Taxes 20,595 57,000 15,781 27.7% -23.4% Subtotal-Taxes 9,449,490 19,622,600 11,497,637 58.6% 21.7% 320 Licenses & Permits 322,368 825,600 749,722 90.8% 132.6% 330 Intergovernmental Revenues 263,640 1,290,330 359,045 27.8% 36.2% 340 Charges for Goods & Services 1,880,974 4,379,250 1,493,625 34.1% -20.6% 350 Fines and Penalties 256,110 656,300 551,309 84.0% 115.3% 360 Miscellaneous Revenues 318,621 349,750 126,051 36.0% -60.4% 390 Other Financing Resources - 500,000 - 0.0% Total General Fund Revenues 12,491,203$ 27,623,830$ 14,777,389$ 53.5% 18.3% 2021 General Fund Revenues As of June 30, 2021 - 50% of year Moses Lake Council Packet 8-24-21, Page 6 of 101 date. Much of this growth is tied to major construction projects in the city limits, so we expect this major revenue source to exceed this year’s budget estimate. Sales Tax-Public Safety—The City started receiving this revenue in June of 2020, so the $88,000 represents the first distribution of the new 0.3% Criminal Justice Tax then. Through 2021 we are exceeding the 50% mark on the budget, and expect it will also meet and exceed current budget estimates. Utility Tax – This revenue source experiences fluctuations either from rate adjustments or fluctuations in usage. Second quarter results are slightly above the prior year. Rate increases in Water, Wastewater, and Solid Waste were offset by the continuing downward trend in telephone utility taxes. Through 6 months, this revenue source is on track to meet budget. Gambling Taxes—This revenue stream is historically higher in the first half of the year, although the closing of establishments that offer gambling greatly reduced the 1st half receipts. It should be noted that Council reduced the card game tax rate over five years (2018-2022), so this is expected to trend below the prior year actual. The restrictions of restaurants and bars has negatively affected this revenue source, and even though we reduced the budget, this revenue is trending to still be slightly below the 2021 budget. Other Taxes—This consists of Leasehold Excise Tax and Admissions Tax, both of which are still hard hit because of the economic shut-down. Fortunately, this is a small budget because we will still likely be short about $25,000. Licenses and Permits – This revenue is generated by the development community, and is difficult to budget because it is volatile by nature. 2021 2nd quarter results are greatly exceeding the 50% mark. We have had some large one-time permits that will translate to future construction sales tax. In the future, the City Manager will be working on a long-term budgeting plan that will ensure the City does not budget for recurring expenses based on these large one- time project revenues to ensure city sustainability. Intergovernmental Revenue – This category includes State-shared revenue ($468k), the PUD privilege tax ($320k), and other grants (consisting primarily of Public Safety and Planning grants totaling $502k). State-shared revenue is slightly exceeding budgeted estimates. The PUD tax is received once a year in August. The other grants are reimbursement grants, so by mid-year, we would typically expect to have 1 quarter of activity actually received. Overall, the category is under budget at the mid-point of the year, but is anticipated to slightly exceed the total budget by year end when the grant receivable is recorded. Charges for Goods and Services primarily consist of: Fees charged for Parks and Recreation Programs; Moses Lake Council Packet 8-24-21, Page 7 of 101  The City Administrative fee charged to funds for the services provided by the executive branch and finance;  Engineering services charged both to internal projects and external developers; and  School Resource Officers reimbursed by Moses Lake School District Because of our switchover to the new payroll and financial management software system, the function that allocates labor costs is lagging in implementation. This has delayed the engineering charges to projects, causing this revenue to be under-reported by about $700k. Additionally, the water park was only open for about one-third of the total season by the end of June. I would expect this revenue to approximate budget by year end. Fines and Penalties consist almost entirely of fines generated by the red-light camera program. In 2020, because the schools closed, much the speeding in a school zone fine revenue was not generated, and the “Stay Home” message resulted in less traffic so that the normally high ticket intersections are not generating as many tickets. We reduced the 2021 revenue estimate because of these factors, but we are currently trending above 2019 levels, when we collected $969k for the year. We have paid Redflex $239k through 6 months, so this program has netted revenue of about $300k for the Police Department in the first half of the year. If these trends continue, this revenue will exceed budget by the end of the year. Miscellaneous Revenues include interest earnings on investments and facility rentals. This category is significantly less than prior year actual primarily because of lower interest rates for investments – I don’t expect to hit the budget. It should be noted interest revenue comes into General Fund throughout the year and we only allocate interest out to funds once at the end of the year. Other Financing Resources is made up primarily of a transfer from the Water Department of excess maintenance and operating charges as authorized by RCW 35.23.535 ($500k). This revenue is transferred at year-end. Summary --Overall, the second quarter 2021 General Fund revenue came in at $14,777,389 which is 53.5% of the total year budget. There is a “mixed bag” of results through the first half of 2021, with some of the smaller revenue that was sensitive to COVID issues along with interest earnings below the 50% mark, but with large surges in some of the other revenues, like sales tax, permitting fees and the red-light camera program exceeding budget. Total revenue increased by $2,286,186 or 18.3% from the second quarter 2020 actual of $12,491,203. A new revenue (public safety sales tax) accounts for about $555k of this increase, with large growth in regular sales tax and permitting fees because of construction activity making a major contribution to the increase. Moses Lake Council Packet 8-24-21, Page 8 of 101 General Fund Expenditure Analysis  In total, General Fund Expenditures for the second quarter are 4.9% below the 50% mark, but are up by 5.4% compared to the prior year. This increase consists primarily of the 2021 COLA adjustment for Police and Fire union salaries, along with the budgeted use of the new public safety tax in the Police Department. Another reason for the increase is moving the transfer to the Risk Management 100% into the 1st quarter because the liability insurance premiums are due in January. There was a significant decrease in year-over-year actuals in the divisions that occupy the Civic Center, (i.e. Legislative, Executive, Finance, and the museum in Parks, Recreation & Cultural Services) because one of the debt service payments was paid off completely the end of 2020, so debt service transfers were reduced. Since General Fund is over 59% staffing, events effecting total payroll have a significant impact on budgets. Position vacancies may start out being an “overage” because of the cashout of earned accrued leave balances, but then can produce savings when the position is vacant for any length of time. The City has had several high-level positions vacant for an extended period, i.e. Engineering and Municipal Services Directors, and various positions in Parks, Recreation and Cultural Services. Most variances in individual divisions are the result of position vacancies. 2020 20 vs 21 Adopted Percent Percent Actual Budget Actual Spent Change Legislative 176,311$ 290,061$ 134,386$ 46.3% -23.8% Executive 527,223 890,750 431,874 48.5% -18.1% Finance 557,524 1,084,572 583,119 53.8% 4.6% Community Development 728,326 1,790,088 924,250 51.6% 26.9% Legal 92,806 187,600 82,953 44.2% -10.6% Misc. Services 956,315 1,900,990 978,452 51.5% 2.3% Library 38,894 67,300 43,827 65.1% 12.7% Engineering 1,109,547 2,183,723 1,041,011 47.7% -6.2% Parks, Rec & Cultural Services 2,590,696 6,974,983 2,927,307 42.0% 13.0% Police 4,034,636 9,274,654 4,421,822 47.7% 9.6% Fire 2,107,045 4,891,363 2,053,826 42.0% -2.5% Total General Fund Expenditures 12,919,323$ 29,536,084$ 13,622,827$ 46.1% 5.4% 2021 As of June 30, 2021 - 50% of Year General Fund Expenditures Moses Lake Council Packet 8-24-21, Page 9 of 101 Additionally, many conferences are still “virtual” in 2021, so the travel budgets have been underspent through June 30. A major expense in the Finance Department is the annual audit. This is typically performed in the fall, but because of COVID and turnover of accountants, the audit for the 2019 financial statement was pushed from the second half of 2020 into early 2021, which put Finance over the 50% mark. It should be noted that the 2020 budget will need to be completed by the end of the year because we received over $750,000 in federal funding. This will likely require to be included in the next appropriation ordinance. Community Development has a large one-time expense in their professional services budget to complete a Comprehensive Plan update, which saw significant activity in the first half of 2021. The major component in the Miscellaneous Services budget is the General Fund transfers to Streets and Debt Service funds. The transfers for debt service are accelerated in the 1st half of the year so that debt service funds have adequate balances to make payments when due. Some of the outside agency payments are also done once a year in the first half of the year (such as the Health District and Grant County Economic Development Council assessments, along with Senior Center support). These factors combined to bring this budget is slightly over the 50% mark. All other General Fund budgets are at varying levels below 50%. The largest percentage below budget is the Parks and Recreation department because of the timing of recreation programs and capital projects. Conclusion—General Fund is trending below the 50% mark in expenditures. With revenues bringing in about $14.8 million, compared to expenditures of $13.6 million, we are adding about $1.2 million to the beginning General Fund balance during the first 6 months of 2021. Departments are reviewing their capital needs, and there may be more requests coming through to spend some of this one-time revenue increases such as Fire’s recent request to purchase a demonstration apparatus that is currently available.               Moses Lake Council Packet 8-24-21, Page 10 of 101 Other Funds Analysis  Second quarter 2021 results generally performed as expected. Variances in capital funds are related to timing of major projects, as well as capital components in operating funds (such as Building Maintenance, Fleet Maintenance, Central Services (for the new computer software) and Stormwater capital projects/purchases). Debt Service funds primarily only have interest payments due in the first half of the year—principal payments are typically scheduled for later in the year so the fund can build up the necessary balance. Property and liability insurance premiums are due at the first of the year, so the Risk Management fund is over 86% spent already. The Homeless Services program helped with the down-payment for a more permanent temporary shelter of about $200k. This program is primarily funded with reimbursable grants, so it had a fund balance deficit at the 6-month mark, and has also almost spent its total authorized budget. This additional expense will be included in the next appropriation ordinance. 2020 20 vs 21 Adopted Percent Percent Revenues Actual Budget Actual to Budget Change Operating/Enterprise Funds 17,479,019$ 35,795,909$ 21,373,378$ 59.7% 22.3% Capital Improvement Funds 2,599,465 16,345,380 14,130,558 86.4% 443.6% Risk Mgmt/Employee Benefit 423,128 971,100 948,918 97.7% 124.3% Debt Service Funds 2,268,797 3,180,950 2,266,950 71.3% -0.1% Subtotal-Revenue 22,770,409$ 56,293,339$ 38,719,804$ 68.8% 70.0% Expenditures Operating/Enterprise Funds 16,798,098$ 39,337,593$ 18,341,487$ 46.6% 9.2% Capital Improvement Funds 3,021,979 23,157,100 2,739,768 11.8% -9.3% Risk Mgmt/Employee Benefit 722,145 1,032,500 841,524 81.5% 16.5% Debt Service Funds 734,175 3,179,575 705,304 22.2% -3.9% Subtotal-Expenditures 21,276,397$ 66,706,768$ 22,628,083$ 33.9% 6.4% 2021 Other Funds Revenues and Expenditures As of June 30, 2021 -50% of Year Moses Lake Council Packet 8-24-21, Page 11 of 101 Transfers out to Debt Service funds were all done in the first half of the year, as principal payments come due in the 3rd and 4th quarters. This affected the fund balance total by approximately $900,000. The revenues in most funds are at or over the 50% mark, although there are exceptions. Hotel/Motel tax is turning back up after a significant reduction in 2020. This revenue source is typically more robust in the second half of the year, and historically, less than 40% of the total for the year is collected in the first 6 months. We did reduce the estimate because of the continuing reduction in travel in the first part of the year, but it is on target to meet the reduced budget, and possibly exceed it. The Streets Fund receives a Surface Transportation Block Grant distribution in September each year, which is budgeted to be $270k. The timing of this distribution is causing the revenue received to be below 50%. Water/Wastewater Fund revenues typically increase during the hotter months, as more water is used for irrigating. The Airport Fund has a major grant for a fuel system in its budget, but since we have not been able to procure a unit, both revenue and expenditure budgets are only 6.5% received and 4.5% spent as of June 30. The airport board determined that they want to look at a new fuel system versus used, so the project is being prepared to be put out to bid. Equipment Rental/Fleet Maintenance is under the 50% mark in revenue because the LOCAL borrowing for the Fire pumper/tender combination apparatus will not occur until November. The expenditures are over the 50% mark because of timing of the capital purchases. Conclusion  Overall, second quarter results are performing as expected. Most variances from the 50% mark are related to normal timing. All funds have a healthy fund balance coming out of the COVID 19 economic shutdown. In the first half of the year, thanks in large part to a federal America Rescue Plan grant of $3.36 million and the issuance of a LOCAL bond for the Larson Recreation Center rebuild of $11.3 million, $17.2 million was added to citywide fund balances, and all funds had positive fund balances on June 30, 2021, with the exception of the Homeless Services Fund that is waiting for a grant reimbursement. General Fund added $1.15 million to its beginning balance through the first 6 months, which is exceeding expectations at this point in time. As we develop the 2022 budget, we will be mindful of potential one-time revenues that might be available for one-time expenditures. Moses Lake Council Packet 8-24-21, Page 12 of 101 Exhibit 1CITY OF MOSES LAKE2021 Actual vs. Budget Variance50% of year completed2nd Quarter 202101/01/212021 Budget- 2021 YTD2021 2021 YTD 2021 06/30/21Actual Begin.Amended Actual %Adopted Actual % (Use) Gain of EndingFund BalRevenues Revenues ReceivedBudget Expenditure Expended Fund Balance Fund BalanceGeneral FundLegislative290,061$ 134,386$ 46.3%Executive890,750 431,874 48.5%Finance1,084,572 583,119 53.8%Community Development1,790,088 924,250 51.6%Legal187,600 82,953 44.2%Misc. Services1,900,990 978,452 51.5%Library67,300 43,827 65.1%Engineering2,183,723 1,041,011 47.7%Parks & Recreation6,974,983 2,927,307 42.0%Police9,274,654 4,421,822 47.7%Fire4,891,363 2,053,826 42.0%Total General Fund6,953,973$ 27,623,830$ 14,777,390$ 53.5%29,536,084 13,622,827 46.1% 1,154,563$ 8,108,536$ Other Operating/EnterpriseTourism Activities -102 781,584 621,000 256,151 41.2%569,400 213,704 37.5%42,447 824,031 Grants & Donations -103846,895 84,400 72,230 85.6%218,800 131,777 60.2% (59,547) 787,348 Local Fiscal Recovery -1053,361,779 3,361,779 3,361,779 Homeless Services -11047,880 653,000 375,787 57.5%498,700 464,382 93.1% (88,595) (40,715) Paths & Trails - 11485,801 2,000 1,001 50.1%26,000 - 0.0%1,001 86,802 Streets - 116705,289 2,510,000 1,120,479 44.6%2,568,315 1,247,105 48.6% (126,626) 578,663 Transportation Benefit District - 170 698,056 1,681,000 999,894 59.5%1,850,000 925,000 50.0%74,894 772,950 Water/Wastewater Operating - 410 2,693,562 13,078,600 6,239,048 47.7%13,661,075 6,633,891 48.6% (394,843) 2,298,719 Sanitation -490715,294 4,490,000 2,428,755 54.1%4,499,300 1,849,333 41.1% 579,422 1,294,716 Stormwater - 493312,333 964,000 492,584 51.1%1,294,646 502,325 38.8%(9,741) 302,592 Airport - 495104,931 202,000 13,152 6.5%234,609 10,444 4.5%2,708 107,639 Ambulance - 498745,932 2,873,300 2,021,787 70.4%3,496,021 1,644,183 47.0% 377,604 1,123,536 Central Svc - 517785,689 1,823,800 911,900 50.0%1,971,805 1,111,033 56.3% (199,133) 586,556 Equipment Rental -5193,455,486 4,113,009 1,692,431 41.1%5,048,691 2,848,698 56.4% (1,156,267) 2,299,219 Build Maint -5281,203,294 2,774,800 1,386,400 50.0%3,400,231 759,612 22.3% 626,788 1,830,082 Total Other Operating/Enterprise13,182,026 35,795,909 21,373,378 59.7%39,337,593 18,341,487 46.6% 3,031,891 16,213,917 cjj 08/19/21 3:35 PM Book11 of 2Moses Lake Council Packet 8-24-21, Page 13 of 101 Exhibit 1CITY OF MOSES LAKE2021 Actual vs. Budget Variance50% of year completed2nd Quarter 202101/01/212021 Budget- 2021 YTD2021 2021 YTD 2021 06/30/21Actual Begin.Amended Actual %Adopted Actual % (Use) Gain of EndingFund BalRevenues Revenues ReceivedBudget Expenditure Expended Fund Balance Fund BalanceCapital ImprovementStreet Repair/reconst -119 2,175,998 2,715,900 1,579,640 58.2%4,205,000 839,840 20.0% 739,800 2,915,798 Parks & Recreation Improvement-314602,963 12,000,000 11,629,120 96.9%11,500,000 580,495 5.0% 11,048,625 11,651,588 Park Mitigation Capital Proj-315103,236 79,480 (74,222) 152,100 - (74,222) 29,014 Water Rights - 4712,095,140 221,020 1,000,000 - 221,020 2,316,160 Water/Sewer Construction-4776,395,056 1,550,000 775,000 50.0%6,300,000 1,319,433 20.9% (544,433) 5,850,623 Total Capital Improvement11,372,392 16,345,380 14,130,558 86.4%23,157,100 2,739,768 11.8% 11,390,790 22,763,182 Risk Mgmt/Employee Benefit ReservesUnemployment Compensation - 501 12,998 54,300 30,081 55.4%51,500 29,611 57.5%470 13,468 Risk Management -503365,982 873,800 873,800 100.0%926,000 797,226 86.1%76,574 442,556 Firemen's Relief & Pension - 611363,135 43,000 45,037 104.7%55,000 14,687 26.7%30,350 393,485 Total Employee Benefit Reserves742,115 971,100 948,918 97.7%1,032,500 841,524 81.5% 107,394 849,509 Debt ServiceLOCAL Borrowing 21/22 - 282914,000 - - 914,000 - 0.0%GOB 2016 Refunding-286184,358 376,800 376,800 100.0%376,733 38,167 10.1%338,633 522,991 Water-Sewer 2011 Bond-4508,068 565,000 565,000 100.0%563,400 8,856 1.6% 556,144 564,212 Bond Reserve-2011 451567,600 - - - 567,600 Water-Sewer 2004 Bond-4526,744 682,000 682,000 100.0%682,600 83,500 12.2% 598,500 605,244 Water-Sewer 2004 Bond Reserve-453 701,500 - - 701,500 PWTF W/S Debt Serv - 48520,151 567,150 567,150 100.0%567,192 567,148 100.0%2 20,153 2015 GO Bond Redempt- 4877,771 76,000 76,000 100.0%75,650 7,633 10.1%68,367 76,138 Total Debt Service1,496,192 3,180,950 2,266,950 71.3%3,179,575 705,304 22.2% 1,561,646 3,057,838 Total City Budget33,746,699$ 83,917,169$ 53,497,194$ 63.7%96,242,852$ 36,250,910$ 37.7% 17,246,284$ 50,992,983$ cjj 08/19/21 3:35 PM Book12 of 2Moses Lake Council Packet 8-24-21, Page 14 of 101 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: August 19, 2021 Proceeding Type: Public Hearing Subject: Fox Property Vacate Right of Way Ordinance Legislative History: •First Presentation: July 27, 2021 •Second Presentation: August 24, 2021 •Action: Open Hearing, Hear from Public, Continue Hearing to September 14 Overview The purpose of this public hearing is for City Council to take public comment in consideration of vacating a portion of the Right-of- Way (ROW) on Third Ave adjacent to the Lewis Elliot Addition No. 2 plat. On November 26, 2019, Moses Lake City Council adopted Ordinance 2939 vacating a portion of the Right-of-Way dedicated for the development of Third Avenue adjacent to the Lewis Elliott Addition No. 2 plat. That ordinance contained a scrivener’s error in the legal description. The error included a 30’ strip of property that runs 290’ along the southeasterly boundary of said plat. This area is not part of a dedicated right of way (ROW). The corrected legal description is in the attached ordinance. Fiscal and Policy Implications Per RCW 35.79.030, if the street has been part of a dedicated public right-of-way for more than twenty-five years the owners of the property may be required to compensate the city for the full appraised value of the property. Given that the applicant paid the city half of the appraised value for 60’ of ROW when it was originally vacated, no additional compensation is owed to the city or the applicant. One-half of the revenue received by the city as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city. Moses Lake Council Packet 8-24-21, Page 15 of 101 Council Packet Attachments A. Draft Ordinance and Map B. Vicinity Map C. Plat Map D. Request to Vacate ROW Finance Committee Review N/A Legal Review Type of Document Title of Document Date Reviewed Ordinance Fox Property Vacate August 19, 2021 Options Option Results •Hear from Public The hearing will be continued for Council consideration on September 14 for adoption that approves the correct language for the vacation of ROW. •Take no action The adjacent property will have a cloud on its title, interfering with potential development or transfer of property. Action Requested Open Hearing, Hear from Public, Continue Hearing to September 14. Moses Lake Council Packet 8-24-21, Page 16 of 101 ORDINANCE –DRAFT AN ORDINANCE VACATING A PORTION OF RIGHT-OF-WAY DEDICATED FOR THE DEVELOPMENT OF 3rd AVENUE NEAR LEWIS ELLIOTT ADDITION PLAT. WHEREAS, on November 26, 2019, the City Council adopted Ordinance No. 2939 to vacate a portion of city right of way described as follows: A PORTION OF RIGHT OF WAY A DISTANCE OF 280 FEET AND 60 FEET WIDE ALONG THE EASTERLY PORTION OF LEWIS ELLIOT ADDITION NO. 2 OF MOSES LAKE, COMMONLY KNOWN AS 3RD AVENUE. Subject to the requirement that the adjacent property owner complete a lot consolidation to eliminate lots without public access and subject to compensation for one half of the purchase price of the vacated property in the amount of $33,852.00; WHEREAS, Ordinance No. 2939 set forth the incorrect legal description and amount of compensation and the notification requirements of RCW 35.79.020 were not met; WHEREAS, the City Council desires to complete the vacation as illustrated on the attached map and corrections to the legal description; WHEREAS, the City set a public hearing for the 24th day of August, 2021, at 7:00 p.m., for the purpose of holding a public hearing regarding the vacation of city right of way as described in the notice which was continued to September 14; and WHEREAS, the notice of the public hearing was given in accordance with RCW 35.79.020 and the public hearing was opened before the City Council on August 24, 2021, and September 14, 2021, for all persons wishing to be heard were heard. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 2939 is hereby declared void and repealed and replaced by this Ordinance. Section 2. The following described public right-of-way shall be vacated: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 9, LEWIS ELLIOT ADDITION NO. 2, PER THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 27, RECORDS OF GRANT COUNTY, WASHINGTON; THENCE N53°42’00”E ALONG THE NORTHWESTERTLY BOUNDARY OF THIRD AVENUE, 280.00 FEET TO THE EASTERLY-MOST CORNER OF LOT 12, OF SAID LEWIS ADDITION NO. 2; THENCE S36°18’00”E, 30.00 FEET TO THE CENTERLINE OF SAID THIRD AVENUE; THENCE S53°42’00”W ALONG SAID CENTERLINE OF THIRD AVENUE, 290.00 FEET TO THE SOUTHERLY-MOST CORNER OF LEWIS Moses Lake Council Packet 8-24-21, Page 17 of 101 ADDITION NO. 2 PLAT; THENCE N36°18’00”W ALONG THE SOUTHWEST BOUNDARY OF THE PLAT, 30.00 FEET; THENCE N52°42’00”W, 10.00 FEET TO THE SOUTHERLY-MOST CORNER OF LOT 9, BEING THE POINT OF BEGINNING. Section 3. The City is in receipt of the full purchase price of the vacated property as compensation. Section 4. Severability. If any section of the 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 5. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. ADOPTED by the City Council of the City of Moses Lake, Washington and signed by its Mayor on ______________________, 2021. ________________________________________ David Curnel, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: Date Effective: Moses Lake Council Packet 8-24-21, Page 18 of 101 DRESS PLAT AND ROSCWPCA PLATPARKHILL-SCEA ADDLEWIS ELLIOTT ADDMONTY HOLM PLATLEWIS ELLIOTT ADDITION NO. 2ELLIOTTADD NO. 2Moses Lake Council Packet 8-24-21, Page 19 of 101 Vicinity Map Moses Lake Council Packet 8-24-21, Page 20 of 101 Moses Lake Council Packet 8-24-21, Page 21 of 101 Moses Lake Council Packet 8-24-21, Page 22 of 101 Moses Lake Council Packet 8-24-21, Page 23 of 101 Moses Lake Council Packet 8-24-21, Page 24 of 101 Moses Lake Council Packet 8-24-21, Page 25 of 101 Moses Lake Council Packet 8-24-21, Page 26 of 101 Moses Lake Council Packet 8-24-21, Page 27 of 101 Moses Lake Council Packet 8-24-21, Page 28 of 101 Moses Lake Council Packet 8-24-21, Page 29 of 101 Moses Lake Council Packet 8-24-21, Page 30 of 101 MOSES LAKE CITY COUNCIL August 10, 2021 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7:00 p.m. by Mayor Curnel with audio remote access. Special notice for attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Curnel; Council Members Myers, Eck, Riggs, Liebrecht, and Hankins. Deputy Mayor Jackson attended remotely. PLEDGE OF ALLEGIANCE Pamela Curnel led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Riggs moved to approve the Agenda as presented, second by Council Member Hankins. The motion carried 7 – 0. SUMMARY REPORTS MAYOR’S REPORT U.S. House Transportation and Infrastructure Bill Support (the INVEST Act) The INVEST Act will provide funding where there is a current gap for Cities with populations between 20,000 - 50,000. A letter has been submitted joining several mid-sized cities in Washington to solicit support for this Act. ADDITIONAL BUSINESS Council Member One on One Meetings with Public Council Member Eck invites the public and his colleagues to join him to discuss city business at the Red Door Café on Mondays and Wednesdays from 1 to 2:30 p.m. starting in September. This effort is to follow up on a previous request from the public to improve our government transparency. Council will be mindful to avoid a quorum and a policy will be needed if there are any requests for use of City resources. Local Income Tax Ban Resolution Request Council concurred with Council Member Liebrecht’s request to have staff draft a resolution to support the ban of a statewide income tax similar to other Washington cities. Group B Water System Covenants Council Member Hankins requested a study session be scheduled to discuss a more in depth approval policies for water system covenants and extra territorial agreements. City Manager Allison Williams advised that these will be addressed in the future with proposed revisions to the development regulations chapter in the Municipal Code. Pandemic Masking Requirements Council Member Myers requested a study session to be scheduled for Council discussion of the indoor mask mandate inside City facilities. Council concurred to have an executive session discussion on the topic prior to a public study session. Moses Lake Council Packet 8-24-21, Page 31 of 101 CITY MANAGER’S REPORT Employee New Hire and Promotions: Police, Public Works, Fire A brief introduction was given of the following employees who were promoted or recently hired: Police – Adam Munro; Public Works – Chris Campbell and Matt Wood; Fire – Tasiya Deering, Heidi Merritt and Heather Kok. Valley and Grape Signal Cabinet Project The bids for the repairs of the signal cabinet came within the City Manager’s signing authority. The contract was executed and work completed yesterday in time for the Fair. 2021 CPI Report Finance Director Cindy Jensen shared the June CPI rate of 6.9% with the Finance Committee earlier today. The solid waste contract caps at a 5% increase in September and the rate could be up or down by the time Council considers the annual increase for City Fee Schedule. CONSENT AGENDA #1 a. City Council meeting minutes dated July 27, 2021 b. Claim Checks 152906 – 153035 in the amount of $460,192.68; Payroll Checks 63941 through 63983 in the amount of $20,057.57; and Electronic Payments dated August 6, 2021, in the amount of $530,269.43 c. Accept Wanapum Sewer Repair Project 2021 d. Accept Westshore Drive Watermain Project 2021 e. Accept Reservoir 4 Painting Project 2021 f. Accept Crack Seal Project 2021 Action taken: Council Member Eck moved to approve the Consent Agenda as presented, second by Council Member Riggs. The motion carried 7 – 0. OLD BUSINESS City of Mattawa Interim Police Chief Interlocal Agreement The original ILA in April 2021 was approved for a period of six months. The revised ILA extends the agreement through January 2022 or until the position is filled. The City of Mattawa hopes to fill the vacancy in the next month. Action taken: Council Member Hankins moved to authorize execution of the amended ILA as presented, second by Council Member Liebrecht. The motion carried 7 – 0. NEW BUSINESS #2 Rotary Skate Park Agreement Resolution 3861 Moses Lake Rotary has raised $141,000 to improve the Moses Lake Skate Park which is owned and operated by the City. The funds will be used for design, construction, and completion of additions to the skate bowl and lighting. Action taken: Council Member Hankins moved to authorize Resolution 3861 as presented, second by Council Member Myers. The motion carried 7 – 0. Moses Lake Council Packet 8-24-21, Page 32 of 101 ADMINISTRATIVE REPORTS City and School District staff met to discuss an Interlocal Agreement for constructing a path on Nelson Road and coordination staging of bus trips during construction of Love’s Travel Stop. Grant County Engineer Keith Ellison sent a memo that they would not be able to fill the roll of lead agency for a new bridge from I-90 to SR-17. COUNCIL COMMUNICATIONS AND REPORTS Council Member Eck agreed with direction on proposals discussed with the School District. Council Member Liebrecht thanked the Fire Department for the ladder truck bedding ceremony. She also shared that the Chamber is hosting an online event to discuss the local opposition of the new Long Term Care Act. Mayor Curnel and City Manager Allison Williams met with Grant County Commissioners to discuss an Interlocal Agreement for Municipal Court and changes of City staff for the homeless program coordination. Mrs. Williams thanked Taylor Burton for his service. EXECUTIVE SESSION Mayor Curnel called an Executive Session at 7:41 p.m. to be held for 30 minutes pursuant to RCW 42.30.110(1)(c) and (i) to discuss the sale of property and potential litigation. ADJOURNMENT The regular meeting was adjourned at 8:11 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 8-24-21, Page 33 of 101 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Council Meeting Date: August 24, 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 153036 - 153158 $1,653,187.00 Payroll Checks 0063984 – 0064026 $20,462.37 Electronic Payments Payroll ACH – 8/20/2021 $547,738.74 Summary RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place. Moses Lake Council Packet 8-24-21, Page 34 of 101 Check Name Check Amount Check Date Invoice Description 22 Department of Social and Healt 1,384.43 08/06/2021 Child Support Payable  27 Dept Of Retirement Systems 101,863.53 08/06/2021 Wa State Employee Retirement  31 FICA‐Medicare 146,495.62 08/06/2021 FICA‐Medicare 37 ICMA‐RT Trust 457 12,934.77 08/06/2021 Employee Deffered Comp 41 Symetra Life Insurance Co 463.60 08/06/2021 Police/Fire Life Insurance 153036 Cascadia Law Group PLLC 716,800.00 08/06/2021 Water Rights Prchal Sons (Landau) 153037 Brandon & Selena Holland 59.77 08/09/2021 Utility Overpayment Refund 153038 CAmeron & Kiley Black 172.78 08/09/2021 Utility Overpayment Refund 153039 Charles T. Grow 111.53 08/09/2021 Utility Overpayment Refund 153040 Chelsea & Gerald Becker 124.37 08/09/2021 Utility Overpayment Refund 153041 Cody & Katherine Shipley 277.39 08/09/2021 Utility Overpayment Refund 153042 DAnny Scott 137.94 08/09/2021 Utility Overpayment Refund 153043 Dirk & Christina Palmer 41.73 08/09/2021 Utility Overpayment Refund 153044 Dustin & Chelsea Knight 76.26 08/09/2021 Utility Overpayment Refund 153045 Eric & Hillary Willamson 119.74 08/09/2021 Utility Overpayment Refund 153046 Estate of Kevin McDowell 277.98 08/09/2021 Utility Overpayment Refund 153047 Glenn R. Levine 43.19 08/09/2021 Utility Overpayment Refund 153048 Graymar Environmental Service 219.38 08/09/2021 Payment Made In Error 153049 James & Carole Johnson 130.47 08/09/2021 Utility Overpayment Refund 153050 Jeremy & Devon Ratley 87.77 08/09/2021 Utility Overpayment Refund 153051 Jose J. Saucedo Gonzalez 175.00 08/09/2021 Utility Overpayment Refund 153052 Kandace K. Klenz 256.51 08/09/2021 Utility Overpayment Refund 153053 Marco A. Ramirez 204.42 08/09/2021 Utility Overpayment Refund 153054 Michael B Hansen 1,905.28 08/09/2021 Utility Overpayment Refund 153055 Michael Minor & Patricia Tan 435.00 08/09/2021 Utility Overpayment Refund 153056 Scott & Rochelle Blaine 223.16 08/09/2021 Utility Overpayment Refund 153057 Scott Myers 102.00 08/09/2021 Cdl Reimbursement 153058 Steven Johnson & Eric Fenske 93.66 08/09/2021 Utility Overpayment Refund 153059 Travis L Ruffin 66.47 08/09/2021 Utility Overpayment Refund 153060 Vivian Farag 330.16 08/09/2021 Utility Overpayment Refund 153061 William & Megan Miller 54.61 08/09/2021 Utility Overpayment Refund 153065 IAFF Local 2052 5,075.00 08/06/2021 Union Dues 153066 Moses Lake Police Guild 2,535.00 08/06/2021 Union Dues 153067 United Way Of Ml 25.00 08/06/2021 Employee Contributions 153069 WA St Council Of FF Emp Ben 6,600.00 08/06/2021 Fire Fighers Union 153070 WA St Council Of FF Emp Ben 3,100.00 08/06/2021 Fire Fighers Union 153072 WSCCCE, AFSCME, AFL‐CIO 3,406.10 08/06/2021 Public Works Union Dues 153073 Wash Council Police & Sheriffs 987.50 08/06/2021 Police Membership 153074 2M Company Inc 3,012.27 08/19/2021 Supplies 153075 A & H Printers Inc 140.92 08/19/2021 Business Cards 153076 A M Hardware Company Inc 447.69 08/19/2021 Lock 153077 Ag Supply Ace Hardware 32.02 08/19/2021 Supplies 153078 Agri‐Fix Ii LLC 521.68 08/19/2021 Tow Disabled Vehicle City of Moses Lake Checks Issued with Summary Description For August 24, 2021 Council Meeting Moses Lake Council Packet 8-24-21, Page 35 of 101 Check Name Check Amount Check Date Invoice Description City of Moses Lake Checks Issued with Summary Description For August 24, 2021 Council Meeting 153079 Airefco Inc 217.57 08/19/2021 Cond Fan Motor 153080 Alan Key 175.00 08/19/2021 Pre‐Employment Polygraph 153081 Aquatic Specialty Services Inc 23,227.08 08/19/2021 SNS Supplies 153082 Aslynn Leland 92.13 08/19/2021 Retirement Plaques 153083 Basin Feed & Supply 59.61 08/19/2021 Supplies 153084 Basin Septic Services Inc 1,263.16 08/19/2021 Sanitizer Stations At Sleep Center 153085 Berk Consulting 8,063.75 08/19/2021 Housing Action Plan June 21 Progre 153086 Bound Tree Medical LLC 1,000.67 08/19/2021 Ambulance Supplies 153087 Burke Marketing & Promotion 662.69 08/19/2021 Moses Lake Brochure 153088 Business Interiors & Equip Inc 640.72 08/19/2021 Toners 153089 Central Machinery Sales Inc 379.51 08/19/2021 Strainers/Filters‐ Stock 153090 Centricity Gis, LLC 750.00 08/19/2021 Ad Hoc Service 153091 Centurylink 232.56 08/19/2021 Water Shutoff Notifications 153092 CHS Inc 29,713.89 08/19/2021 Fuel For Vehicles/Small Equipment 153093 Cobalt Truck Equipment 5,472.23 08/19/2021 Install Tuck Away Work Truck Steps 153094 Cobies Fine Dry Cleaning 242.56 08/19/2021 July Dry Cleaning 153095 Columbia Basin Water Works In 5,550.00 08/19/2021 2020 Large Meter Testing  153096 Consolidated Disposal Service 125.87 08/19/2021 July Transfer Station Charges 153097 Copiers Northwest Inc 3,636.22 08/19/2021 Equipment Contract Fees 153098 Crossroads Dog Training 300.00 08/19/2021 K9 Boarding 153099 CSWW, Inc 149.46 08/19/2021 Fire Supplies 153100 Curt Ledeboer 151.52 08/19/2021 Boot Reimbursement 153101 Databar Inc 2,922.00 08/19/2021 Mail Utility Bills 153102 Evco Inc 43,846.98 08/19/2021 SNS Sound System Expense 153103 Faber Industrial Supply 112.99 08/19/2021 Supplies 153104 Fishingmagician.com 1,000.00 08/19/2021 Home Page Ads 153105 Galls LLC 1,074.05 08/19/2021 Metcalf Boots 153106 Grant County Port District #10 30.00 08/19/2021 Badge Fee Renewal Vela & Morton 153107 H D Fowler Company 10,129.32 08/19/2021 Carbide Cutters/Arbors 153108 Hajoca Corp 23.20 08/19/2021 Pressure Gauges  153109 HDR Engineering, Inc 2,107.66 08/19/2021 Profess Service Risk Resiliency Asm 153110 Ibs Inc 87.78 08/19/2021 Brake And Parts Cleaner For Stock 153111 Insta Stor Inc.300.00 08/19/2021 Relocate Container 153112 International Code Council 91.87 08/19/2021 Code Books For Building Departme 153113 Jerrys Auto Supply 374.00 08/19/2021 Brake Drum Maxi Pack 153114 Jims Lock Service LLC 40.34 08/19/2021 Supplies 153115 Kent D. Bruce Co LLC 215.66 08/19/2021 Bucket Seat Covers For Stock 153116 Konica Minolta Business Sol 87.54 08/19/2021 City Hall Copy Machine Contract 153117 Lad Irrigation Company Inc 230.58 08/19/2021 Supplies 153118 Lakeside Disposal, Inc 236,585.75 08/19/2021 Lakeside Payment 7/2021 153119 Lowes 1,662.92 08/19/2021 Lowes July 2021 Statement 153120 McCain, Inc.3,865.77 08/19/2021 Valley & Grape Project  153121 Mckesson Dba Moore Medical L 3,029.14 08/19/2021 Medical Supplies Moses Lake Council Packet 8-24-21, Page 36 of 101 Check Name Check Amount Check Date Invoice Description City of Moses Lake Checks Issued with Summary Description For August 24, 2021 Council Meeting 153122 Mills Contractors, Inc.3,241.16 08/19/2021 Counter Top With Sink Install/Wind 153123 Modern Building Systems, Inc 894.31 08/19/2021 Shower/Ramp Rental @ Sleep Cent 153124 Norco Enterprises Inc 1,192.40 08/19/2021 SNS Supplies 153125 North Central Laboratories 879.91 08/19/2021 Lab Supplies 153126 North Coast Electric Company 367.43 08/19/2021 Supplies 153127 Northstar Chemical Inc 3,438.96 08/19/2021 Sodium Hypochlorite Well #11 153128 Oreilly Auto Parts 7.17 08/19/2021 Auto Repair Parts 153129 Oxarc Inc 2,128.91 08/19/2021 Supplies 153130 PandaDoc, Inc.4,717.56 08/19/2021 E‐Signature Platform Software 153131 Pape Machinery 340.85 08/19/2021 Tube Parks Loader Transmission Fil 153132 Parker Corporate Services, Inc 6,619.77 08/19/2021 Security Detail At Sleep Center 153133 Prothman 12,186.75 08/19/2021 Finance Director Sourcing 153134 Pud Of Grant County 142,113.83 08/19/2021 Electric Services July 2021 153135 R&M Hansen, Inc 1,523.00 08/19/2021 Laundry Services‐ Sleep Center 153136 Racom Corporation 3,050.15 08/19/2021 Mobile Radio/Misc Parts 153137 Rexel Use Dba Platt Electric 818.29 08/19/2021 Misc Supplies 153138 Robert Bischoff Dba SnS Custom 3,100.24 08/19/2021 K9 Shirt/Sweatshirt Sales 153139 SCJ Alliance 3,087.50 08/19/2021 On Call Planning Services Project 16 153140 Signs Now/A&W Farris LLC 404.10 08/19/2021 Reflective Digital Vinyl Unit 182 153141 Smarsh Inc 323.81 08/19/2021 Professional Archive 153142 Southeast Publications USA, Inc 649.00 08/19/2021 LTAC Ad 153143 State Auditors Office 1,764.36 08/19/2021 ACFR/Finance/It Audit 153144 System Design West, LLC 25,530.00 08/19/2021 Ambulance Billing Switchover 153145 The DOH Associates 14,528.38 08/19/2021 Larson Rec Architect Support 153146 The Ice House 420.00 08/19/2021 Campground Ice 153147 The Lifeguard Store 431.00 08/19/2021 Supplies 153148 Tlg Properties LLC (Joe Garro) 3,100.00 08/19/2021 August Lease 153149 Turf Star Western 618.76 08/19/2021 V‐Belts/Tensioner For Stock 153150 Uline 503.63 08/19/2021 Collapsible Wire Containers W/Cast 153151 Ups Freight 132.00 08/19/2021 Weekly Service Fees (4) 153152 US Bancorp 7,699.36 08/19/2021 Misc Equip Lease Contract Paymen 153153 Usa Blue Book 394.79 08/19/2021 Blue‐White Head Upgrade Kit 153154 Vista Svc Towing/William Bjork 1,573.97 08/19/2021 Towing Service 153155 Weaver Exterminating Srvc Inc 75.74 08/19/2021 Bi‐Monthly Rodent Control  153156 Weinstein Beverage Company 3,405.83 08/19/2021 Drinking Water 153157 WFCA: The Daily Dispatch 405.00 08/19/2021 Employment Posting 02/2021 153158 Wm Washington Collections 43.63 08/19/2021 Medical Waste Disposal 1,653,187.00$     Moses Lake Council Packet 8-24-21, Page 37 of 101 TOTALS BY FUND: FUND NO FUND NAME AMOUNT 001 GENERAL FUND 335,663.06                       102 TOURISM 2,311.69                            103 GRANTS AND DONATIONS 3,400.24                            110 HOMELESS SERVICES 9,420.23 116 STREET 44,525.09                          119 STREET REPR/RECON 3,865.77                            314 PARK & RECREATION IMPROVEMENTS 19,258.38                          315 PARK MITIGATION CAPITAL PROJECTS ‐                                      410 WATER/SEWER 122,084.63                       471 WATER RIGHTS 716,800.00                       477 WATER SEWER CONSTRUCTION ‐                                      490 SANITATION 242,312.32                       493 STORM WATER 4,015.00                            495 AIRPORT 22.40                                  498 AMBULANCE 58,385.80                          501 UNEMPLOYMENT COMPENSATION INSURANCE ‐                                      503 SELF‐INSURANCE ‐                                      517 CENTRAL SERVICES 14,795.70                          519 EQUIPMENT RENTAL 54,987.93                          528 BUILDING MAINTENANCE 21,338.76                          611 FIRE PENSION ‐                                      623 DEPOSIT ‐                                      631 STATE ‐                                      TOTAL 1,653,187.00$                  City of Moses Lake Tabulation of Claims Paid‐Summary by Fund Council Meeting Date‐ 8/24/2021 Moses Lake Council Packet 8-24-21, Page 38 of 101 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, Municipal Services Director Date: August 19, 2021 Proceeding Type: Consent Agenda Subject: Reject Bid Miscellaneous Sewer Repair Project -2021 Legislative History: •First Presentation: August 24, 2021 •Second Presentation: •Action: Motion Overview Staff received one bid for the Miscellaneous Sewer Repair Project -2021 on August 18, 2021. The lone bid was $575,103.19 and the Engineer’s Estimate was $305,444.10. Staff is recommending that Council reject all bids. Staff will rebid the project this winter for spring construction. Contractors were contacted and several factors, including extremely volatile material prices and very limited contractor availability are affecting bidding at the present time 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 bid 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 any and all bids for the Miscellaneous Sewer Repair Project -2021. Moses Lake Council Packet 8-24-21, Page 39 of 101 PROJECT NAME: Miscellaneous Sewer Repair Project BID RESULTS 1 Mobilization 1-09 1 L.S. $24,100.00 $24,100.00 $30,000.00 $30,000.00 2 Traffic Control 1-10 1 L.S. $17,000.00 $17,000.00 $35,000.00 $35,000.00 3 Sawcut Pavement or Concrete 2-02 3950 L.F. $4.00 $15,800.00 $3.40 $13,430.00 4 Remove Curb and Gutter 2-02 25 L.F. $10.00 $250.00 $30.00 $750.00 5 Remove Pavement and Concrete Sidewalk 2-02 20 S.Y. $20.00 $400.00 $100.00 $2,000.00 6 Water 2-07 100 MGal $15.00 $1,500.00 $40.00 $4,000.00 7 Shoring or Extra Excavation Class B 2-09 9500 S.F. $0.20 $1,900.00 $2.00 $19,000.00 8 Trimming and Cleanup 2-11 1 LS $5,500.00 $5,500.00 $16,800.00 $16,800.00 9 HMA Patch Cl 3/8 Inch PG 64-28 5-06 730 SY $40.00 $29,200.00 $88.00 $64,240.00 10 Manhole 48 Inch Diameter 7-05 3 EA $7,500.00 $22,500.00 $7,200.00 $21,600.00 11 Sewer Bypass Assembly 7-05 1 EA $7,500.00 $7,500.00 $8,260.00 $8,260.00 12 Abandon Existing Manholes 7-05 2 EA $2,000.00 $4,000.00 $3,500.00 $7,000.00 13 Connect to Existing Manhole 7-05 1 EA $1,000.00 $1,000.00 $3,800.00 $3,800.00 14 Plug Existing Manhole Connection 7-05 2 EA $500.00 $1,000.00 $2,660.00 $5,320.00 15 Adjust Manholes to Grade 7-05 3 EA $600.00 $1,800.00 $2,600.00 $7,800.00 16 Adjust Bypass to Grade 7-05 1 EA $600.00 $600.00 $1,800.00 $1,800.00 17 Plugging Existing Pipe 7-08 4 EA $500.00 $2,000.00 $1,250.00 $5,000.00 18 PVC Sewer Pipe 6 Inch Diameter 7-17 110 L.F. $50.00 $5,500.00 $128.00 $14,080.00 19 PVC Sewer Pipe 8 Inch Diameter 7-17 605 L.F. $60.00 $36,300.00 $98.00 $59,290.00 20 Tapping Sleeve and Valve Assembly 16 Inch 7-17 1 EA $5,500.00 $5,500.00 $24,616.00 $24,616.00 21 Bypass Pumping 7-20 1 L.S. $20,000.00 $20,000.00 $25,000.00 $25,000.00 22 PVC Sewer Force Main, 6 Inch Diameter 7-20 270 L.F. $50.00 $13,500.00 $72.00 $19,440.00 23 PVC Sewer Force Main, 10 Inch Diameter 7-20 600 L.F. $60.00 $36,000.00 $118.00 $70,800.00 24 Gate Valve 6 Inch (Division Street Only)7-20 1 EA $1,800.00 $1,800.00 $1,980.00 $1,980.00 25 Connect to Existing Sewer Force Main 7-20 2 EA $500.00 $1,000.00 $2,480.00 $4,960.00 26 COF Bypass Assembly 7-21 1 L.S. $19,000.00 $19,000.00 $48,774.00 $48,774.00 27 Sod Installation 8-02 100 S.F. $4.00 $400.00 $24.00 $2,400.00 28 Repair Disturbed Irrigation System 8-03 1 L.S. $500.00 $500.00 $2,808.00 $2,808.00 29 Cement Concrete Curb and Gutter 8-04 25 L.F. $45.00 $1,125.00 $78.00 $1,950.00 30 Cement Concrete Sidewalk / Driveway 8-14 20 S.Y. $180.00 $3,600.00 $300.00 $6,000.00 31 Paint Line 8-22 300 L.F.$5.00 $1,500.00 $8.80 $2,640.00 281,775.00$ $530,538.00 8.4%23,669.10$ $44,565.19 305,444.10$ $575,103.19 UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT SUBTOTAL SCHEDULE A SALES TAX Total Schedule A ITEM ITEM DESCRIPTION SECTION APPROX. QUANTITY Schedule A: Sewer Improvements Engineers Estimate Advanced Excavation Inc. Moses Lake WA PROJECT NUMBER: GC2021-028 Moses Lake Council Packet 8-24-21, Page 40 of 101 STAFF REPORT To: Mayor Curnel, City Council From: Allison Williams, City Manager Date: August 19, 2021 Proceeding Type: Consent Agenda Subject: Aspect Consulting Contract Extension Legislative History: •First Presentation: City Manager Report 2020 •Second Presentation: August 24, 2021 •Action: Motion to Authorize the City Manager additional Spending Authority Overview Over the past year the City has invested in securing the additional water rights that are vital to ongoing development and sustainability of the city. Key to those efforts was the successful resolution of an appeal by the city in response to a denial by the Department of Ecology to recognize and modify the water rights represented by pre-code water rights claims. The City reached a satisfactory settlement with Ecology that resulted in the addition of 1,046 acre-feet per year to the city’s water right portfolio. This block of water is specific to the shallow aquifer system and will provide the city with the ability to develop a redundant well system to augment the deeper aquifer system which is experiencing declines. In addition, the City has pursued the acquisition and transfer of seven irrigation-based water rights which are being converted to provide for municipal needs. In total these new purchases will add an additional 1,205 acre-feet to the City’s portfolio. Ongoing water resource support work is needed to both finalize the water right change process, as well as creating an action plan for developing new wells and effectively utilizing these new water right assets. The following contract outlines the first phase of additional work for this effort. Fiscal and Policy Implications For 2021 the City Manager has used her authority to authorize the work as it progressed (up to $50,000), however entering into this new phase, staff wanted to provide an update to Council, receive authorization from Council for this additional work along with an approval up to $50,000 for additional work this year from Aspect. The City is not currently staffed to handle this specialized work. Aspect has been very effective and diligent in their work on behalf of the City. Council Packet Attachment Aspect Contract Moses Lake Council Packet 8-24-21, Page 41 of 101 Finance Committee Review N/A Legal Review N/A Options Option Results • Authorize the City Manager additional spending authority Aspect work on acquisition and deployment of water rights continues • Provide staff with changes Staff will review with Aspect and modify work • Take no action The work with Aspect will not move forward Action Requested Motion to authorize the City Manager an additional $50,000 spending authority for water rights acquisition and implementation work with Aspect Consulting. Moses Lake Council Packet 8-24-21, Page 42 of 101 Client: City of Moses Lake Attn: Allison Williams P.O. Box 1579 Moses Lake, WA 98837 Date: July 30, 2021 Change No.: 11 Project No. : 180155 Project Name: Moses Lake Source Development Action Plan Description of Change Cost The City of Moses Lake (City) was recently successful in resolving its appeal with Ecology which provided authority for up to 30 new wells in the shallow aquifer. These same proposed well sources are the subject of numerous acquisitions that the City is in the process of completing via Ecology and the Grant County Conservancy Board. The City is beginning to develop its next Water System Plan Update, as well as capital budget planning for new well construction now that water right authorizations are beginning to be finalized. Aspect proposes to assist the City in developing a prioritized list of activities it will initiate over the coming years. Prioritization will consist of both physical capacity and legal water right capacity. Criteria that will influence physical capacity prioritization include: 1. The capacity of the shallow wells already drilled. 2. The DOH approval process for new sources. 3. Where existing demand in the City is approaching source constraints. 4. Where new growth is planned or likely. 5. The potential effects of the existing TCE Superfund plume and its migration on City sources. 6. Geologic information on which proposed well site are likely to be the most productive. Aspect will use GIS to overlay these criteria and develop a matrix ranking of each of the 30 wells (high, medium, low) and then further rank the high priority well sites from highest to lowest priority. The goal is to ensure the City is prioritizing source development in the areas it needs it most. Criteria that will influence legal capacity prioritization include: 1. The City’s overall portfolio of rights relative to planned growth. 2. The relative authority of water rights in each aquifer. 3. The rate of aquifer declines. 4. The City’s goal for source redundancy for long-term planning. 5. The City’s planned urban growth area and what water rights it may be asked to acquire over time. 6. The likely cost of additional acquisitions relative to other City priorities. Time and Materials, Not to Exceed: $15,000 To be billed according to the attached Schedule of Charges Moses Lake Council Packet 8-24-21, Page 43 of 101 Aspect will meet with the City and develop a matrix of options for future water right acquisitions that can be compared to the physical water supply priorities. Aspect will provide an updated Water Right Self-Assessment for use in the City’s upcoming water system plan. Aspect will provide a technical memo Action Plan summarizing the results of this effort. This Action Plan will provide an estimate of likely costs over the next 5 years that the City should budget for to meet these priorities. Costs will be based on recent City well drilling, Aspect’s experience in navigating DOH source approval costs, and recent water right acquisition costs. Included in this scope are up to three virtual meetings to gather and vet data, discuss options, and present results. This change amends the contract between Aspect Consulting, LLC and Client signed April 6, 2018. Except as amended above, all terms and conditions of contract apply to this contract change. ASPECT CONSULTING, LLC a limited liability company By: Printed Name: Daniel R. Haller, PE Principal Water Resources Engineer CLIENT By: Printed Name/Date: V:\180155 Moses Lake Water Right Technical Assistance\Contracts\Proposal Material\CC11_20210730_180155_Moses Lake.docx Moses Lake Council Packet 8-24-21, Page 44 of 101 SCHEDULE OF CHARGES Effective January 2021 PERSONNEL CHARGES: ENGINEERS, SCIENTISTS, AND ANALYSTS Hourly Rate Principals and Associates Principal Scientist/Engineer/Analyst 2 $272 Principal Scientist/Engineer/Analyst 1 $258 Sr. Associate Scientist/Engineer/Analyst $238 Associate Scientist/Engineer/Analyst $223 Technical Professionals Senior Scientist/Engineer/Analyst 3 $223 Senior Scientist/Engineer/Analyst 2 $209 Senior Scientist/Engineer/Analyst 1 $195 Project Scientist/Engineer/Analyst 3 $179 Project Scientist/Engineer/Analyst 2 $166 Project Scientist/Engineer/Analyst 1 $155 Staff Scientist/Engineer/Analyst 3 $143 Staff Scientist/Engineer/Analyst 2 $129 Staff Scientist/Engineer/Analyst 1 $120 PERSONNEL CHARGES: TECHNICAL AND PROJECT SUPPORT STAFF Hourly Rate Field/Construction Staff Field/Construction Supervisor $132 Field Technician 2 $108 Field Technician 1 $100 Design, CAD, and Graphics Staff Engineering Designer $155 Sr. CAD Technician/Specialist $140 CAD Technician $123 Technical Editing and Project Operations $124 $113 $105 Sr. Technical Editor Technical Editor/Project Coordinator 3 Project Coordinator 2 Project Coordinator 1 $99 PERSONNEL CHARGES: TECHNOLOGY AND SOFTWARE DEVELOPMENT Hourly Rate Sr. Technology Project Manager $232 Technology Project Manager $215 Senior Software/Database Architect/Developer $220 Software/Database Architect/Developer $194 OTHER DISBURSEMENT CHARGES Legal Testimony (4-hour minimum)$350/hr Mileage Federal Gov Rate Plus 15% Subcontractors and Miscellaneous Expenses Cost Plus 15% Other equipment, rentals, and expenses will be provided on a per job basis. Unless otherwise stated in the proposal or services agreement, current rates are as follows: Client acknowledges that Aspect will adjust the Schedule of Charges annually, and that the Agreement will remain valid for any and all annually adjusted Schedule of Charges. Moses Lake Council Packet 8-24-21, Page 45 of 101 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, Municipal Services Director Date: August 20, 2021 Proceeding Type: Consent Agenda Subject: Award Engineering Services Contract Amendment for the Tana Lift Station Legislative History: • First Presentation: August 24, 2021 • Second Presentation: • Action: Motion Overview The Tana Lift Station is in the process of being upgraded from an old vacuum prime system to a new submersible pump system. This work is essential, as the old vacuum prime system no longer has parts available for it. The lift station work has been planned and previously budgeted. Electrical and communications improvements are being conducted through on-call engineering services by RH2 Engineering for electrical design. Electrical design is one area that we do not have in house expertise. Staff is requesting to execute a Task Authorization to continue design for the electrical panel and communications hardware as well as the necessary programming for the upgrades to the Tana Lift Station. Council authorization is requested, as this task brings the amount above the administrative authorization amount. This project, and this task, is already included in the 2021 budget. Design and programming services will be conducted as a not to exceed fee of $24,707. Fiscal and Policy Implications The project will require existing planned and budgeted funds to be spent. Council Packet Attachment A. Fee Proposal and Scope of Work Moses Lake Council Packet 8-24-21, Page 46 of 101 Finance Committee Review N/A Legal Review N/A Options Option Results • Authorize as presented Staff will direct RH2 Engineering to continue with the previously planned and budgeted task. • Provide staff with changes • Take no action. Staff will direct RH2 Engineering to hold with the electrical and communications design upgrades for the Tana Lift station and Staff will hold for further direction from City Council. Action Requested Staff recommends authorizing the City Manager to execute the Engineering Services Contract Amendment to RH2 Engineering for planned and budgeted electrical and communications design upgrades for the Tana Lift Station not to exceed amount of $24,707. Moses Lake Council Packet 8-24-21, Page 47 of 101 Moses Lake Council Packet 8-24-21, Page 48 of 101 Moses Lake Council Packet 8-24-21, Page 49 of 101 Moses Lake Council Packet 8-24-21, Page 50 of 101 STAFF REPORT To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Date: August 19, 2021 Proceeding Type: Old Business Subject: Fire Apparatus Bond Funding Ordinance 2981 Legislative History: •First and Second Presentations: •Current Presentation: 2021 Budget and July 13, 2021 August 24, 2021 •Requested Action: Motion Staff Report Summary The next (and final) step for Council action to finance the purchase of the fire apparatus currently under contract to be built is to approve the bond ordinance and the interlocal agreement with the State of Washington LOCAL program. This program, run by the State Treasurer, allows local governments to use the borrowing power of the State to issue bonds on our behalf. The state has asked for us to have these executed documents back by September 7. Background We discussed this option during the budget process. At the July 13 meeting, Council approved an application for the LOCAL program titled “Notice of Intent”, which signaled to the State that we were intending to use their program to borrow funds for a combination Fire pumper-tender apparatus. The state has authorized our use of their LOCAL program for this purpose. Fiscal and Policy Implications This transaction does bind Council to issue the debt for the Fire apparatus. The state has approved us to borrow $840,000 with a 10-year repayment cycle. They provided an estimate of debt service, with both a current and pessimistic interest rate of 1.33% and 2.05% respectively, producing a first-year annual debt service estimate of between $96,500 and $103,400, with ongoing annual payment of a range of $91,000 and $94,000. An estimate made earlier this year had annual debt service at $90,000, so the more up-to-date estimate is very close. The state will conduct their bond sale on October 26, 2021, and proceeds will be available to us on November 17, 2021. We have been in contact with the vendor who is building the apparatus, Moses Lake Council Packet 8-24-21, Page 51 of 101 and we could need to pay for the chassis sometime in November, so we added verbiage in the ordinance that authorizes a reimbursement if we pay for any part of the equipment before the funds are available. Other points for Council consideration are that we are pledging the “full faith and credit” of the City, and this debt will be counted as debt in our limitation of debt calculation. Our debt load is relatively small, so we have adequate capacity for these LOCAL issues. Attachments A. B. Ordinance and attachments Estimate of Debt Service Repayment Schedule from the State Treasurer’s Office Finance Committee Review Reviewed the Intent to finance the purchase using the LOCAL Program that was adopted that night by full Council on July 13, 2021. Legal Review Our Bond Counsel, K&L Gates LLP, prepared all legal documents in this packet. Options Option Results • Move to adopt the Ordinance authorizing a local agency financing contract to access the Washington State LOCAL program Action would allow Finance to continue in the process to obtain funding to pay for the fire apparatus currently contracted to be built. • Take no action Find a different way to pay for the fire apparatus when the contract is completed. Staff Recommendation Motion to adopt the Ordinance to authorize entering into a Local Agency Financing Contract to use the State Treasurer’s LOCAL program to purchase a fire apparatus. Moses Lake Council Packet 8-24-21, Page 52 of 101 ORDINANCE NO. 2981 AN ORDINANCE AUTHORIZING THE ACQUISITION OF FIRE APPARATUS THROUGH THE STATE OF WASHINGTON LOCAL PROGRAM AND EXECUTION OF A FINANCING CONTRACT AND RELATED DOCUMENTATION RELATING TO THE ACQUISITION AND REIMBURSEMENT OF THE FIRE APPARATUS. WHEREAS, the City of Moses Lake, Washington (the “Local Agency”) has executed a Notice of Intent to the Office of State Treasurer, in the form of Exhibit A (the “NOI”) to the form of Local Agency Financing Contract attached hereto as Attachment 1 (the “Local Agency Financing Contract”), in relation to the acquisition of and the financing of the acquisition of the Property, as defined below, under the provisions of RCW ch 39.94; and WHEREAS, it is deemed necessary and advisable by the City Council of the Local Agency that the Local Agency acquire one combination fire pumper-tender apparatus identified in the NOI (“Property”); and WHEREAS, it is deemed necessary and advisable by the City Council of the Local Agency that the Local Agency enter into a Local Agency Financing Contract with the Office of the State Treasurer, in an amount not to exceed $840,000, plus related financing costs, in order to acquire the Property and finance the acquisition of the Property; WHEREAS, the Local Agency will undertake to acquire or to reimburse itself for the acquisition of the Property on behalf of and as agent of the Washington Finance Officers Association (the “Corporation”) pursuant to the terms of the Local Agency Financing Contract, and in accordance with all applicable purchasing statutes and regulations applicable to the Local Agency; and WHEREAS, the Local Agency desires to appoint the individuals set forth in Exhibit C to the form of Local Agency Financing Contract as representatives of the Local Agency in connection with the acquisition of the Property and execution of the Local Agency Financing Contract (each an “Authorized Agency Representative”); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN; as follows: Section 1. The individuals holding the offices or positions set forth in Exhibit C to the form of Local Agency Financing Contract are each hereby appointed as representative of the Local Agency in connection with the acquisition of or reimbursement for the acquisition of the Property and execution of the Local Agency Financing Contract and all other related documents. One Authorized Agency Representative shall be required to execute any one document in order for it to be considered duly executed on behalf of the Local Agency. Section 2. The form of the Local Agency Financing Contract attached hereto as Annex 1 is hereby approved and an Authorized Agency Representative is hereby authorized and directed to execute and deliver the Local Agency Financing Contract, in an amount not to exceed $840,000, plus related financing costs, and in substantially the form attached hereto with such changes as Moses Lake Council Packet 8-24-21, Page 53 of 101 may be approved by an Authorized Agency Representative, for the acquisition of or the reimbursement for the acquisition of the Property and financing of the acquisition of the Property. Section 3. The Local Agency reasonably expects to reimburse a portion of the expenditures described herein with the proceeds of the Local Agency Financing Contract (the “Reimbursement Obligation”). The expenditures with respect to which the Local Agency reasonably expects to be reimbursed from the proceeds of Reimbursement Obligation are for the chassis on the new Property. The expenditures with respect to which the Local Agency reasonably expects to be reimbursed from the proceeds of Reimbursement Obligation will be made from the General Fund of the Local Agency, which provides for discretionary spending for basic municipal services. The maximum principal amount of Reimbursement Obligation expected to be issued for the property described in this section is $840,000. Section 4. The Local Agency hereby authorizes the acquisition of or the reimbursement for the acquisition of the Property as agent of the Corporation in accordance with the terms and provisions of the Local Agency Financing Contract. Section 5. The Authorized Agency Representatives are hereby authorized to execute and deliver to the Office of State Treasurer all other documents, agreements and certificates, and to take all other action, which they deem necessary or appropriate in connection with the financing of the Property, including, but not limited to, any amendment to the NOI and agreements relating to initial and ongoing disclosure in connection with the offering of securities related to the financing. Section 6. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council and signed by its Mayor on August 24, 2021. David Curnel, Mayor 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: August 30, 2021 Date Effective: September 4, 2021 Moses Lake Council Packet 8-24-21, Page 54 of 101 Moses Lake Council Packet 8-24-21, Page 55 of 101 Moses Lake Council Packet 8-24-21, Page 56 of 101 Moses Lake Council Packet 8-24-21, Page 57 of 101 Moses Lake Council Packet 8-24-21, Page 58 of 101 Moses Lake Council Packet 8-24-21, Page 59 of 101 Moses Lake Council Packet 8-24-21, Page 60 of 101 Moses Lake Council Packet 8-24-21, Page 61 of 101 Moses Lake Council Packet 8-24-21, Page 62 of 101 Moses Lake Council Packet 8-24-21, Page 63 of 101 Moses Lake Council Packet 8-24-21, Page 64 of 101 Moses Lake Council Packet 8-24-21, Page 65 of 101 Moses Lake Council Packet 8-24-21, Page 66 of 101 Moses Lake Council Packet 8-24-21, Page 67 of 101 Moses Lake Council Packet 8-24-21, Page 68 of 101 Moses Lake Council Packet 8-24-21, Page 69 of 101 Moses Lake Council Packet 8-24-21, Page 70 of 101 Moses Lake Council Packet 8-24-21, Page 71 of 101 Moses Lake Council Packet 8-24-21, Page 72 of 101 Moses Lake Council Packet 8-24-21, Page 73 of 101 Moses Lake Council Packet 8-24-21, Page 74 of 101 Moses Lake Council Packet 8-24-21, Page 75 of 101 Moses Lake Council Packet 8-24-21, Page 76 of 101 Moses Lake Council Packet 8-24-21, Page 77 of 101 Moses Lake Council Packet 8-24-21, Page 78 of 101 Moses Lake Council Packet 8-24-21, Page 79 of 101 Moses Lake Council Packet 8-24-21, Page 80 of 101 Moses Lake Council Packet 8-24-21, Page 81 of 101 CERTIFICATE OF AUTHORIZING ORDINANCE I, the undersigned, Clerk of the City Council of City of Moses Lake, Washington (the “Local Agency”), DO HEREBY CERTIFY: 1. That the attached Ordinance No. 2981 (herein called the “Ordinance”) is a true and correct copy of a Ordinance of the Local Agency passed at a regular meeting of the City Council held on the 24th day of August, 2021, and duly recorded in my office; 2. That said meeting was duly convened and held in all respects in accordance with law; and to the extent required by law, due and proper notice of such meeting was given; that a quorum of the City Council was present throughout the meeting and a legally sufficient number of members of the City Council voted in the proper manner for the passage of the Ordinance; 3. That all other requirements and proceedings incident to the proper passage of the Ordinance have been duly fulfilled, carried out and otherwise observed; 4. That the Ordinance remains in full force and effect and has not been amended, repealed or superseded; and 5. That I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand as of this _____________________. City Clerk Moses Lake Council Packet 8-24-21, Page 82 of 101 City of Moses Lake Delivery Date Project Funds All-In Interest Cost 1.33%2.05% Payment Date Debt Service - Current Interest Rates Debt Service - Pessimistic Scenario 6/1/2022 24,228$ 25,274$ 12/1/2022 72,375$ 78,125$ 6/1/2023 16,000$ 16,625$ 12/1/2023 76,000$ 76,625$ 6/1/2024 14,500$ 15,125$ 12/1/2024 74,500$ 80,125$ 6/1/2025 13,000$ 13,500$ 12/1/2025 78,000$ 78,500$ 6/1/2026 11,375$ 11,875$ 12/1/2026 76,375$ 81,875$ 6/1/2027 9,750$ 10,125$ 12/1/2027 79,750$ 85,125$ 6/1/2028 8,000$ 8,250$ 12/1/2028 83,000$ 83,250$ 6/1/2029 6,125$ 6,375$ 12/1/2029 86,125$ 86,375$ 6/1/2030 4,125$ 4,375$ 12/1/2030 84,125$ 89,375$ 6/1/2031 2,125$ 2,250$ 12/1/2031 87,125$ 92,250$ Total 906,603.47$ 945,399.31$ Note: All figures are estimates. Actual rates are determined on the day of sale. $840,000 11/17/2021 Moses Lake Council Packet 8-24-21, Page 83 of 101 STAFF REPORT To: Mayor and Council From: Allison Williams, City Manager Date: August 19, 2021 Proceeding Type: Old Business Subject: Local Income Tax Ban Resolution Legislative History: •First Presentation: August 24, 2021 •Second Presentation: •Action: Motion Overview At the regular meeting on August 14, Council Member Liebrecht requested to have staff draft a resolution stating the City’s objection to a statewide income tax, similar to other Eastern Washington cities. The action is intended to send a message to the Governor and State Legislature that this type of tax is unwanted. It is also intended to hold this Council accountable for not adopting a local income tax if such a tax is enabled by the Courts and Legislature and send a message to future Councils. Fiscal/Policy Implications – See Action Requested below Council Packet Attachment – Draft Resolution Finance Committee Review N-A Legal Review N-A Options Option Results •Adopt Resolution as presented The Mayor will sign the resolution. •Provide staff with changes Staff will bring back a revised document for consideration. •Take no action The resolution would not be adopted. Action Requested The request was brought forward by City Council. As a practice, staff does not recommend opposing programs until it is known what the tax will support or if the tax will be enabled (there is a constitutional prohibition that would have to be changed). Moses Lake Council Packet 8-24-21, Page 84 of 101 RESOLUTION NO. 3863 A RESOLUTION OF THE CITY OF MOSES LAKE WASHINGTON, REGARDING OPPOSITION TO A LOCAL INCOME TAX, AND OTHER MATTERS RELATING THERETO. Recitals: 1. Article VII, § 1 of the Washington State Constitution establishes the basic framework for taxation in the state of Washington, including what shall be permitted as a tax. 2. After the City of Seattle attempted to enact an income tax on certain individuals applicable within its municipal boundaries, the Washington State Court of Appeals, Division I ruled that such a tax, when selectively applied, was unconstitutional and invalid. Kunath v. City of Seattle, 10 Wash. App. 2d 205 (Div. I 2019). 3. Certain language in the Kunath ruling has caused discussion in various communities across Washington as to whether cities have authority to impose a local income tax, which is legally considered a tax on property. 4. RCW 36.65.030 states that a county, city or city-county shall not levy a tax on net income. 5. Cities across the state of Washington have attempted to implement a city implemented city income tax and been rejected. 6. Washington State Voters have rejected the opportunity to adopt an income tax ten times. 7. The Legislature is considering the imposition of an income tax as a method to finance gaps in state programs. 8. The City Council desires to declare its position regarding the potential for a local income tax on its residents. Resolved: 1. The City Council hereby declares its position that the imposition of a local income tax on the residents of the City of Moses Lake is prohibited and asks the Governor and our State Representatives to consider the will of the people. As such, the Moses Lake City Council will prohibit the imposition of a local income tax in the event a local income tax is determined legal and permissible by the Washington State Supreme Court or the Washington State Legislature. ADOPTED by the City Council on August 24, 2021. Moses Lake Council Packet 8-24-21, Page 85 of 101 ________________________________________ David Curnel, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 8-24-21, Page 86 of 101 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, Municipal Services Director Date: August 19, 2021 Proceeding Type: Consent Agenda Subject: Award Burr Avenue Construction Project -2021 Legislative History: •First Presentation: August 24, 2021 •Second Presentation: •Action: Motion Overview Staff received eight bids for the Burr Avenue Construction Project -2021 on August 18, 2021. The lowest bid was $372,449.30 and the Engineer’s Estimate was $408,170.00. The low bidder, Ellison Earthworks of Richland, WA has not completed any work for the City in the past. Fiscal and Policy Implications - The project will require budgeted funds to be spent. Council Packet Attachment – Bid Tab Finance Committee Review N/A Legal Review N/A Options Option Results •Award as presented Staff will move forward with executing a contract with the low bidder to complete the work. •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 awarding the Burr Avenue Construction Project -2021 in the amount of $372,449.30 as presented. Moses Lake Council Packet 8-24-21, Page 87 of 101 Moses Lake Council Packet 8-24-21, Page 88 of 101 Moses Lake Council Packet 8-24-21, Page 89 of 101 Moses Lake Council Packet 8-24-21, Page 90 of 101 Moses Lake Council Packet 8-24-21, Page 91 of 101 STAFF REPORT To: Allison Williams, City Manager From: Brett Bastian, Fire Chief Date: August 19, 2021 Proceeding Type: New Business Subject: Replacement Brush Truck Legislative History: •First Presentation: August 24, 2021 •Second Presentation: •Action: Motion Overview The City currently operates two Brush Trucks. One is a 2001 4x4 Brush Engine and the other is a 2- wheel drive 1997 Ford flatbed brush truck. The 1997 truck was a used truck when the City bought it in 2007. This truck was a delivery truck before it was equipped as a brush truck and was not purpose built or specified as a brush truck. Over the 4th of July weekend we had one brush unit go out of service for serious maintenance issues. This left us with a single brush resource for over a month. The 1997 unit has additional maintenance issues including a problem with the air brake system and has 168,000 miles on it. Fleet management has a spread sheet prepared by retired Fleet Manager Steve Hibbs indicating that the 1997 truck is due for replacement. Fleet management showed a replacement cost of $350,000 when the replacement document was prepared. We have found a demonstrator unit in Henderson, Nevada that would adequately replace the 1997 unit, and at a cost savings over the purchase of a new construction unit. We need to add brush response capability to increase the number of in-service units to three. The proposed demo unit would allow us to immediately replace the 1997 brush truck, and then re- utilize the tank, pump, and front turret nozzle to install on a new chassis. Using a state bid chassis, such as a Ford F550, we could build a new Type VI grass unit using the repurposed tank, pump, and nozzle from the 1997 unit. A proposal for a Type VI unit will be made through the annual budget process as an addition. Vehicle 214, the 1997 Ford brush truck, would be removed from service and equipment salvaged to install on a new chassis at such time a chassis was approved through the normal budgeting process. Moses Lake Council Packet 8-24-21, Page 92 of 101 The demonstrator unit is available for immediate delivery and is currently located in Henderson Nevada. If we waited to build a new purpose built unit delivery is estimated at 18 months to 24 months from order. Given the maintenance issues present with the 1997 Ford, Fire is requesting that this unit be replaced early with the demonstrator unit. Purchasing the proposed unit offers cost savings of approximately $115,000 over the cost of building a new Type VI unit, and a cost savings of approximately $245,000 over the cost of a Type III unit. This cost savings allows us to add a second Type VI grass unit to the fleet as well as the new demonstrator unit for slightly more than the cost of a new construction Type VI unit. The estimated lifespan of this unit is 20 – 25 years. Fiscal and Policy Implications The purchase price of the demonstrator unit is $191,000.00 Tax, licensing, and upfit of radios is estimated to bring the total purchase price to approximately $235,000.00 Waiting to replace the 1997 Ford Brush Truck with a purpose built new unit is estimated to cost approximately 7% per year in increased costs. The current estimate for a purpose built Type III truck is $450,000.00 not including upfit, and a new construction Type VI truck is $350,000. Council Packet Attachments A. Specification Documents—2021 Rebel ATX 4x4 Brush Truck with foam system. Finance Committee Review Reviewed and recommended bringing forward to full Council on August 10, 2021. Options Option Results • Approve purchase The new brush truck would be purchased and allow early replacement for vehicle 214 which has maintenance issues and is not a 4x4 unit. • Take no action We will not replace vehicle 214 with the proposed unit and keep this unit in service until such time as a replacement unit is approved. Action Requested Fleet, Finance, and Fire have discussed this unit. Staff recommends a motion to authorize moving forward with purchasing this unit. Moses Lake Council Packet 8-24-21, Page 93 of 101 Contact Us : 256.776.7786 Office Email : sales@firetruckmall.com www.firetruckmall.com Website: 15410 US Highway 231, Union Grove, AL 35175 Stock #: 15008 Price: $191,000 2021 Rebel ATX Lifted Dodge 4x4 Brush Truck ❍ 2021 Rebel ATX Lifted Dodge 4x4 Brush Truck ❍ 4x4 Dodge Chassis ❍ Seating for 5; ❍ Diesel Engine ❍ Automatic Transmission ❍ Hale HPX 200 GPM Pump ❍ 450 Gallon Tank ❍ Scotty Foam System ❍ Pump and Roll ❍ Officer's Side Discharge: (1)❍❍ Rear Discharges: (1) ❍ Air Conditioning ❍Additional equipment not included with purchase unless otherwise listed. ❍ GVWR: 19,500 ❍ 6" heavy-duty 4-link front off-road suspension lift kit with heavy-duty off-road shocks (5) 335/80R20 22PR severe service radial all terrain tread tires Heavy Duty Brush Guard Bumper Aluminum Rims Anti-Lock Brakes Battery Charger Booster Reel w/ 150’ of Hose Cruise Control Electric Siren Stereo System Warn 12,000 lbs Winch Emergency Lights Scene Lights Work Lights Brindlee Mountain Fire Apparatus is one of the world's largest used fire truck sales and service companies. Based just outside of Huntsville, Alabama, the company has forty-five full-time personnel occupying over 12,000 square feet. Our mechanics, all of whom are EVT certified, perform pump tests, general repairs, preventative maintenance, and body, collision, and paint work on over 500 used fire trucks every year. Visit us online at www.firetruckmall.com Moses Lake Council Packet 8-24-21, Page 94 of 101 Moses Lake Council Packet 8-24-21, Page 95 of 101 Moses Lake Council Packet 8-24-21, Page 96 of 101 Moses Lake Council Packet 8-24-21, Page 97 of 101 Moses Lake Council Packet 8-24-21, Page 98 of 101 Moses Lake Council Packet 8-24-21, Page 99 of 101 Moses Lake Council Packet 8-24-21, Page 100 of 101 Moses Lake Council Packet 8-24-21, Page 101 of 101