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2020 0211 Council Agenda PacketMoses Lake City Council David Curnel, Mayor | Daryl Jackson, Deputy Mayor | Mike Riggs, Council Member | Karen Liebrecht, Council Member Don Myers, Council Member | David Eck, Council Member| Dean Hankins, Council Member Moses Lake Civic Center – 401 S. Balsam Regular Meeting Agenda Tuesday, February 11, 2020 Call to Order – 6:45 p.m. Executive Session – To discuss the minimum price real estate will be offered for sale pursuant to RCW 42.30.110(1)(c) Reconvene – 7 p.m. Roll Call Pledge of Allegiance Summary Reports: Mayor’s Report – Kindness Proclamation Additional Business City Manager’s Report Citizen’s Communications – Identification Citizens who would like to address the Council must complete one of the blue speaker request cards and submit it to the City Clerk. There is a (5) minute time limit per speaker. Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #1 pg 7 a.City Council Meeting Minutes dated January 14 and 28, 2020 b.Claims and Payroll c.Check Signers Resolution 3791 d.Award Knolls Vista/Wheeler Rd Sewer Improvement Bid continued on next page Moses Lake Council Packet 2-11-20, Page 1 of 123 February 11, 2020, City Council Meeting – Page 2 Consent Agenda, continued: e. Accept Access Easements from The Lakes MP Lot 2 Resolution 3793 f. Larson Recreation Center Architectural Contract Amendment Public Hearing #2 pg 75 Authorize Purchase and Sale Agreement – Vista 1 Park Motion Presented by Allison Williams, City Manager Summary: Council to hear from public, discussion and vote Old Business #3 Motion pg 77 Downtown Association Main Street Funding Presented by Cindy Jensen, Finance Director Summary: Council to review and consider authorization New Business #4 #5 pg 87 AT&T Cell Tower Lease Agreement Motion Presented by Kris Robbins, Community Development Director Summary: Council to review and consider authorization pg 107 Build on Unplatted Freeman Resolution 3792 Motion Presented by Kris Robbins, Community Development Director Summary: Council to review and consider adoption #6 Motion pg 113 Deviation Request for Moses Lake Avenue Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and accept new agreement Administrative Reports Council Communications and Reports Executive Session – Litigation pursuant to RCW 42.30.110(1)(i) Adjournment Moses Lake Council Packet 2-11-20, Page 2 of 123 P R O C L A M A T I O N WHEREAS, every person, no matter their age, social, or cultural background, is capable of making a positive difference in the world by expressing kindness towards others in a number of ways, and through acts of kindness, we can promote healthy behaviors and positive dynamics throughout our community; and WHEREAS, the many daily acts of kindness that occur in our community are largely inconspicuous and unobtrusive; and WHEREAS, by recognizing these acts of kindness, all members of our community will be made aware of the importance of being kind to others throughout the year, and inspire demonstrations of kindness; and WHEREAS, we should all strive to cultivate caring, kindness, and compassion within our communities, whether by specific, concerted efforts or by means of individual, spontaneous gestures; and WHEREAS, the purpose of a Day of Kindness is to remember the simple day-to-day acts of kindness that enable our community to be a kinder, safer, and more secure environment to live, work, and play. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE do hereby proclaim February 17, 2020, to be Random Acts of Kindness Day and the week of February 16 - 23, 2020 to be Random Acts of Kindness Week In the City of Moses Lake, and encourage all people in and around our City to recognize that every act of kindness makes a difference. Signed this 11th day of February, 2020. ___ << City Seal >> David Curnel, Mayor Moses Lake Council Packet 2-11-20, Page 3 of 123 Moses Lake Council Packet 2-11-20, Page 4 of 123 Moses Lake Council Packet 2-11-20, Page 5 of 123 Moses Lake Council Packet 2-11-20, Page 6 of 123 MOSES LAKE CITY COUNCIL January 14, 2020 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam St., Moses Lake, Washington. ROLL CALL Present: Mayor Liebrecht; Deputy Mayor Curnel; Council Members Jackson, Myers, Eck, Riggs, and Hankins. PLEDGE OF ALLEGIANCE Deputy Mayor Curnel’s spouse, Pamela Curnel, led the Council in the Pledge of Allegiance. COUNCIL ELECTION OF MAYOR AND DEPUTY MAYOR Council Member Riggs nominated Council Member Curnel for Mayor, second by Council Member Hankins. Council Member Liebrecht closed the nominations. Council Member Curnel was elected Mayor 7 – 0. Council Member Hankins nominated Council Member Jackson for Deputy Mayor, second by Council Member Eck. Mayor Curnel nominated Council Member Myers for Deputy Mayor, second by Council Member Myers. Mayor Curnel closed the nominations. Council Member Jackson was elected Mayor 4 – 3. OATH OF OFFICE Grant County Superior Court Judge David Estudillo administered the oath of office to Mayor Curnel. SUMMARY REPORTS MAYOR’S REPORT Outgoing Mayor Presentation Mayor Curnel presented a plaque to Council Member Liebrecht in appreciation of her term as Mayor from 2018 through 2019. Grant Transit Authority Executive Board of Directors Mayor Curnel recommended reappointment of Council Member Myers for another one year term. Action taken: Deputy Mayor Jackson moved to affirm the reappointment, second by Council Member Riggs. The motion carried 7 – 0. Lodging Tax Advisory Committee Chair Mayor Curnel recommended appointment of Council Member Eck for the term ending December 31, 2020. Action taken: Council Member Liebrecht moved to affirm the appointment, second by Council Member Riggs. The motion carried 7 – 0. Moses Lake Council Packet 2-11-20, Page 7 of 123 CITY COUNCIL MINUTES – January 14, 2020 pg. 2 LEOFF 1 Disability Board Member Mayor Curnel recommended appointment of Council Member Riggs for an unexpired term ending December 31, 2021. Action taken: Council Member Eck moved to affirm the appointment, second by Deputy Mayor Jackson. The motion carried 7 – 0. ADDITIONAL BUSINESS Council Member Liebrecht requested staff provide data to the Council in order to reevaluate the proposed Fire Impact Fees. CITIZEN’S COMMUNICATION Welcome New Mayor Joseph Cassiano, Jr., 508 N Clark Rd, Moses Lake, WA welcomed Mayor Curnel. CONSENT AGENDA #1 a. City Council meeting minutes dated December 19, 2019 b. Claim Checks 146310 through 146597 in the amount of $1,835,819.62; Payroll checks 63265 through 63286 in the amount of $15,761.06; Electronic Payments dated December 26 in the amount of $393,539.90; and Electronic Payments dated January 9 in the amount of $429,253.82 c. City Manager Contract d. International Paper Industrial Discharge Permit e. Accept Sand Dunes Irrigation Well #2 Project Action taken: Council Member Hankins moved to approve the Consent Agenda, second by Council Member Riggs. The motion carried 7 – 0. PUBLIC HEARING #2 ODM Annexation Ordinance 2944 On December 10, Council accepted the Annexation Petition and set the Public Hearing date. Mayor Curnel opened the Public Hearing at 7:17 p.m. There was no public testimony and the hearing was closed. Action taken: Council Member Liebrecht moved to adopt Ordinance 2944, second by Deputy Mayor Jackson. The motion carried 7 – 0. OLD BUSINESS #3 Fire Impact Fee Ordinance 2940 and Resolution 3790 Interim City Manager Kevin Fuhr requested that Council pull the recommended motions in order for staff to research a required update of a Fire Facilities Plan in the Moses Lake Council Packet 2-11-20, Page 8 of 123 CITY COUNCIL MINUTES – January 14, 2020 pg. 3 Comprehensive Plan. He thanked those appointed by the Mayor on December 10 who participated in the Fire Impact Fee Subcommittee meetings and coming to agreement on reduced fees as well as suggesting to consider implementing a new sales tax in lieu of the Impact Fees. There is also a meeting scheduled next week to discuss the Impact Fee rate for Industrial development. Mark Fancher, Doug Robbins, and Teresa Sullivan provided comments to Council. Action taken: Council Member Myers moved to postpone the Impact Fee decisions to a future meeting, second by Council Member Eck. The motion carried 7 – 0. #4 Municipal Airport Lease Agreement Staff updated the agreement from direction provided by Council on December 19. Basin Pacific Insurance Representative Micah Troutman explained that aviation insurance policies have restricted liability limitations and are difficult to obtain. Council requested the insurance language in the agreement for non-commercial operators be amended. Action taken: Deputy Mayor Jackson moved to authorize the City Manager to execute the airport lease agreements with the modification of 10 (D)(1) Insurance Amounts, second by Council Member Hankins. The motion carried 7 – 0. #5 Surplus Property and Set Public Hearing Resolution 3789 Interim City Manager Kevin Fuhr advised Council at the last meeting that the Parks Commission discussed and agreed to the surplus of Vista 1 Park. The resolution declares the property surplus and eligible to be sold following a public hearing on February 11. Action taken: Council Member Liebrecht moved to adopt Resolution 3789, second by Council Member Myers. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Finance Director Cindy Jensen advised that Ovenell Farms will be cancelling the compost contract after the collection scheduled for this week. Staff will be looking at future program options for Council to consider. Council requested staff attempt to get a reason from Ovenell for cancelling the contract. Fire Chief Brett Bastian provided the annual performance data for the department in the last weekly update and asked Council to let him know if there are any questions on this report. COUNCIL COMMUNICATIONS AND REPORTS Council Member Jackson will not be at the January 27 meeting and wished the Council well who are travelling to Olympia for the AWC Action Days events. Council Member Liebrecht congratulated Mayor Curnel for his appointment and thanked him for the recognition of her as former Mayor earlier tonight. She also invited everyone to attend the Martin Luther King Jr. Day celebration event that will be held at the Civic Center on Monday, January 20. Moses Lake Council Packet 2-11-20, Page 9 of 123 CITY COUNCIL MINUTES – January 14, 2020 pg. 4 Mayor Curnel thanked Municipal Services Director Fred Snoderly for promptly taking care of issues that occurred recently on the Lakeshore reconstruction project. Council Member Riggs mentioned a recent workshop sponsored by the Moses Lake Irrigation and Rehabilitation District related to algae solutions. The next Watershed Council meeting is scheduled for Tuesday, January 21. EXECUTIVE SESSION Mayor Curnel called an Executive Session at 8:00 p.m. to be held for 15 minutes pursuant to RCW 42.30.110(1) (c), (f), and (i) to discuss the sale of surplus property, performance of a public employee, and litigation, and there will be no further business after the Executive Session. High School students were invited to come forward to have their attendance sheets signed by Council. ADJOURNMENT The regular meeting was adjourned at 8:23 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 2-11-20, Page 10 of 123 MOSES LAKE CITY COUNCIL Monday, January 27, 2020 CALL TO ORDER The special meeting of the Moses Lake City Council was called to order at 7:00 p.m. by Mayor Curnel in the Council Chambers of the Civic Center, 401 S. Balsam St., Moses Lake, Washington. ROLL CALL Present: Mayor Curnel; Council Members Riggs, Liebrecht, Myers, Eck, and Hankins. Absent: Deputy Mayor Daryl Jackson. Action taken: Council Member Hankins moved to excuse Deputy Mayor Jackson, second by Council Member Riggs. The motion carried 6 – 0. PLEDGE OF ALLEGIANCE City Manager Allison Williams led the Council in the Pledge of Allegiance. SUMMARY REPORTS MAYOR’S REPORT Agenda Change Mayor Curnel added an Executive Session to be the last item on tonight’s agenda. City Manager’s Oath of Office City Clerk Debbie Burke delivered the oath of office to City Manager Allison Williams. Interim City Manager Recognition Mayor Curnel and Former Mayor Liebrecht presented Police Chief Kevin Fuhr with a plaque and gift as a token of their appreciation for his service and dedication to the City. CITY MANAGER’S REPORT Police Oath of Office Captain Dave Sands provided a biography and administered the Oath of Office to Police Officer Roland Alejo. Freight Mobility Project between the Port District and I-90 Corridor A feasibility study was conducted in 2009 and staff is proposing an Interlocal Agreement with Grant County and other agencies to establish roles for implementation. Council concurred for staff to bring back an Interlocal Agreement for consideration. CONSENT AGENDA #1 a. Claim Checks 146598 through 146737 in the amount of $1,486,741.07, no Payroll Checks were processed at this meeting b. Buley Municipal Easement Resolution 3779 c. Award 2020 Cascade, Dog, and Dano Park Resurfacing Project Moses Lake Council Packet 2-11-20, Page 11 of 123 CITY COUNCIL MINUTES – January 27, 2020 pg. 2 Action taken: Council Member Myers moved to approve the Consent Agenda as presented, second by Council Member Liebrecht. The motion carried 6 – 0. NEW BUSINESS #2 Community Services Annexation Request and Set Public Hearing Notice of Intention to Commence Annexation Proceedings has been received from Community Services of Moses Lake with regard to three parcels. Staff recommends Council accept the Notice, with a modification to include adjacent properties, and approve the proceeding of Public Hearing. Action taken: Council Member Liebrecht moved to accept the request with staff changes and set the public hearing, second by Council Member Riggs. The motion carried 6 – 0. #3 Hayden Utility Reimbursement Reduction Request Staff provided an itemized list of reimbursements that would be due and recommended a development agreement to recognize costs incurred by Hayden. Hayden Homes Representative Brian Thoreson was present to request the development agreement to recognize the work they will do to relocate the sewer. City Manager Allison Williams noted there is a public interest in relocating utilities to an appropriate alignment in the right of way. Action taken: Council Member Riggs moved to postpone the decision for the reduction of the utility reimbursement, second by Council Member Hankins. The motion carried 6 – 0. #4 Sun Terrace Plat Extension MLMC Title 17 allows for an extension to be granted up to three years. Staff is proposing the Code be amended prior to making a decision on this extension. Action taken: Council Member Liebrecht moved to postpone the Sun Terrace Plat Extension, second by Council Member Myers. The motion carried 6 – 0. #5 Barrington Pointe 4A Plat Extension MLMC Title 17 allows for an extension to be granted up to three years. Staff is proposing the Code be amended prior to making a decision on this extension. Action taken: Council Member Hankins moved to postpone the Barrington Pointe 4A Plat Extension, second by Council Member Liebrecht. The motion carried 6 – 0. COUNCIL COMMUNICATIONS AND REPORTS Council Member Riggs attended the Watershed Coalition meeting who discussed increased water flow and the chemical alum as solutions to the algae issues. The Brews and Tunes will be held among 12 downtown venues on February 29. He and two other Council will be in Olympia for AWC City Action Days this week to discuss transportation, homelessness, and water quality issues. Moses Lake Council Packet 2-11-20, Page 12 of 123 CITY COUNCIL MINUTES – January 27, 2020 pg. 3 Council Member Liebrecht thanked staff for the meeting set up with the Luv truck stop project proponents, thanked everyone who attended the Martin Luther King, Jr. Day celebration, and wished Council safe travels to the Olympia events this week. Mayor Curnel noted that the I-90 ramp for the Luv truck stop will also be brought up during their visit in Olympia. EXECUTIVE SESSION Mayor Curnel called an Executive Session at 7:47 p.m. to be held for 20 minutes pursuant to RCW 42.30.110(1)(i) to discuss litigation and there will be no further business. ADJOURNMENT The special meeting was adjourned at 8:08 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 2-11-20, Page 13 of 123 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Council Meeting Date: February 11, 2020 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 146676 - 146911 $1,441,753.69 Payroll Checks 0063287 - 00632 99 $7,922.92 Electronic Payments Payroll ACH -01/24/2020 $425,476.39 Summary RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place. 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Background With the continuing turnover in staff positions in City staff, it is necessary for the City Council to update the list of employees who are authorized to sign checks on behalf of the City. The authorized signers are the City Manage, the Finance Director, the Accounting Manager, and the Utility Services Supervisor. Fiscal and Policy Implications Appropriate employees will be authorized to conduct banking business for the City. Options Option Results • Pass resolution as presented Action would allow for appropriate employees to be authorized to conduct banking business for the City. • Modify the resolution by changing the positions/employees authorized by Council to sign checks Action could require staff to bring a new resolution to council for consideration. • Take no action Former employees would still have access to City bank accounts, and the appropriate new staff would not be allowed to conduct City banking business. Moses Lake Council Packet 2-11-20, Page 57 of 123 Page 2 of 2 Staff Recommendation Staff recommends that City Council move to approve the list of employees authorized to sign checks on behalf of the City of Moses Lake, and adopt the resolution as presented. Attachments A. Resolution 3791 Legal Review N-A Moses Lake Council Packet 2-11-20, Page 58 of 123 RESOLUTION NO. 3791 A RESOLUTION NAMING THOSE EMPLOYEES AUTHORIZED TO SIGN CHECKS ON BEHALF OF THE CITY OF MOSES LAKE RECITAL: 1. For the continued efficient administration of the finances of the City of Moses Lake, it is necessary to designate individuals who are authorized to sign check s on behalf of the City of Moses Lake. RESOLVED: 1. Funds on deposit with the Moses Lake Branch of Umpqua Bank may be withdrawn on checks given or signed on behalf of the City of Moses Lake by any one of the following four individuals: Allison Williams, City Manager Cindy Jensen, Finance Director Wendy Parks, Accounting Manager Jessica Cole, Utility Services Supervisor 2. Said authority shall continue in force until notice in writing of its revocation shall have been given to and received by said bank. Adopted by the City Council on February 11, 2020. ______________________________ David Curnel, Mayor ATTEST: Debbie Burke, City Clerk Moses Lake Council Packet 2-11-20, Page 59 of 123 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: January 31, 2020 Proceeding Type: Consent Agenda Subject: Award Knolls Vista/Wheeler Road Sewer Improvements Project Legislative History: • First Presentation: • Second Presentation: • Requested Action: February 11, 2020 Motion Staff Report Summary On January 29, staff opened bids for the 2020 Knolls Vista/Wheeler Road Sewer Improvements Project. The City received eight (8) bids for the work. The low bid was $488,679.76 and the Engineer’s Estimate was $681,498.15. Background The 2020 budget includes money for completing these improvements. This project consists of laying new sewer main on Knolls Vista Drive which will allow the City to eliminate the need for an existing lift station and install a parallel force main in Wheeler Road which will increase the service capacity to the Road N area. The low bidder, Advanced Excavation, Inc. of Moses Lake, has successfully worked with the City on past projects. Fiscal and Policy Implications The project will require budgeted funds to be spent. Options Option Results • Award the 2020 Knolls Vista/Wheeler Road Sewer Improvements Project to the lowest bidder Staff will move forward with executing a contract with the low bidder to complete the work. • Take no action Staff will stop working on this project and wait for further direction from City council. Staff Recommendation Staff recommends accepting the bid for the 2020 Knolls Vista/Wheeler Road Sewer Improvements Project from Advanced Excavation, Inc. in the amount of $488,679.76. Attachments – Bid Summary and Map Moses Lake Council Packet 2-11-20, Page 60 of 123 Moses Lake Council Packet 2-11-20, Page 61 of 123 Moses Lake Council Packet 2-11-20, Page 62 of 123 Moses Lake Council Packet 2-11-20, Page 63 of 123 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Kris Robbins, Community Development Director Date: February 3, 2020 Proceeding Type: Consent Agenda Subject: Accept Easement – The Lakes Major Plat, Lot 2 Manufactured Home Park BSP, 2nd Amendment Legislative History: • First Presentation: February 11, 2020 • Second Presentation: • Requested Action: Motion Staff Report Summary Moses Lake Municipal Code 17.18.020.A.8 (Binding Site Plan Conditions and Requirements) requires that water and sewer improvements within a binding site plan shall be privately held, except that water meters shall be owned by the City. A municipal access easement is required to be recorded concurrently with all binding site plans, to allow the City to access the water meters and flush the water system. This requirement applies to all new and revised binding site plans submitted since the adoption of the ordinance in 2007. Background The Lakes Major Plat Lot 2 Manufactured Home Park Binding Site Plan, 2nd Amendment, as a binding site plan submitted for review, is required to provide this easement. Fiscal and Policy Implications Accepting the easement is consistent with existing policy and Municipal Code requirements. Options Option Results • Accept the easement Staff will move forward with recording the binding site plan, so the property will be configured as the property owner wishes, and the City has the easement for access to the water meters. Moses Lake Council Packet 2-11-20, Page 64 of 123 Page 2 of 2 • Take no action The binding site plan will not be recorded. Staff Recommendation Staff recommends accepting the easement by adopting Resolution 3793 as presented. Attachments A. BSP Plan B. Resolution 3793 Legal Review – N/A Moses Lake Council Packet 2-11-20, Page 65 of 123 Moses Lake Council Packet 2-11-20, Page 66 of 123 Moses Lake Council Packet 2-11-20, Page 67 of 123 Moses Lake Council Packet 2-11-20, Page 68 of 123 Moses Lake Council Packet 2-11-20, Page 69 of 123 Moses Lake Council Packet 2-11-20, Page 70 of 123 RESOLUTION NO. 3793 A RESOLUTION ACCEPTING AN EASEMENT FROM LAKES MOBILE HOME PARK LLC Recitals: 1. Resolution #238 provides that all grants of real estate, or any interest therein, to the City of Moses Lake, shall be accepted until a resolution has been duly passed by the City Council. 2. Lakes Mobile Home Park LLC has presented a utility access easement to the City of Moses Lake. Resolved: 1. The easement for the following described property is hereby accepted by the City of Moses Lake: The Lakes Major Plat, Lot 2 Manufactured Home Park Binding Site Plan 2nd Amendment Adopted by the City Council of the City of Moses Lake, Washington, this 11th day of February, 2020. ____________________________________ David Curnel, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 2-11-20, Page 71 of 123 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: February 6, 2020 Proceeding Type: Consent Agenda Subject: Larson Recreation Center Architectural Contract Amendment Legislative History: • First Presentation: • Second Presentation: • Requested Action: February 11, 2020 Motion Staff Report Summary Staff has received a proposal to amend the scope of work for the Larson Recreation Center to increase the proposed building size from 14,000 square feet to 30,000 square feet and adjust the not to exceed design fee accordingly. The original not to exceed architectural fee is 451,249 for a 14,000 sf building. The proposed not to exceed fee is for an additional $370,353 for a total of $821,602. Background In October 2018, Council awarded an architectural contract to The Driftmier Architects, PS to design a 14,000 square foot building to replace the existing Larson Recreation Center. After initial study of the needs, also including the need to replace the space lost in the sale of the Learning Center and the desire move the parks administrative offices to the new building, the scope of the project changed. Staff were directed to have the architect design a 30,000 square foot facility. The following proposal was generated and we are asking Council to approve the amendment. Fiscal and Policy Implications The project will require funds to be spent. Moses Lake Council Packet 2-11-20, Page 72 of 123 Page 2 of 2 Options Option Results • Approve the Amendment to the Architectural Scope of Work Contract Staff will move forward with executing the amendment • Take no action Staff will stop working on this project and wait for further direction from City council. Staff Recommendation Staff recommends accepting the proposal from The Driftmier Architects, LLC in an amount not to exceed $370,353. Attachments A. Time and Fee Estimate Legal Review N-A Moses Lake Council Packet 2-11-20, Page 73 of 123 City of Moses Lake Larson Recreation Center Rebuild Amendment #1 Date:10/04/19 By: LRD Proj. No.: 21901.00 Phase Description Staff Staff Hours Rate $/hr.Fee I PROGRAMMING AND PROJECT MANAGEMENT Principal $150 $0 Proj. Arch.$140 $0 Proj. Mgr 2 $115 $0 Senior Designer $95 $0 Designer 1 $80 $0 Subtotals 0 $0 II SITE EVALUATION Principal 20 $150 $3,000 Proj. Arch.20 $140 $2,800 Proj. Mgr 2 20 $115 $2,300 Senior Designer $95 $0 Designer 1 20 $80 $1,600 Subtotals 80 $9,700 III SCHEMATIC DESIGN Principal 70 $150 $10,500 Proj. Arch.80 $140 $11,200 Proj. Mgr 2 80 $115 $9,200 Senior Designer 60 $95 $5,700 Designer 1 40 $80 $3,200 Subtotals 330 $39,800 IV DESIGN DEVELOPMENT Principal 30 $150 $4,500 Proj. Arch.60 $140 $8,400 Proj. Mgr 2 70 $115 $8,050 Senior Designer 40 $95 $3,800 Designer 1 40 $80 $3,200 Subtotals 240 $27,950 V CONSTRUCTION DOCUMENTS Principal 50 $150 $7,500 Proj. Arch.100 $140 $14,000 Proj. Mgr 2 110 $115 $12,650 Senior Designer 70 $95 $6,650 Designer 1 70 $80 $5,600 Subtotals 400 $46,400 VI PERMITTING Principal $150 $0 Proj. Arch.10 $140 $1,400 Proj. Mgr 2 $115 $0 Senior Designer 10 $95 $950 Designer 1 $80 $0 Subtotals 20 $2,350 VII BIDDING Principal $150 $0 Proj. Arch.30 $140 $4,200 Proj. Mgr 2 $115 $0 Senior Designer 30 $95 $2,850 Designer 1 $80 $0 Subtotals 60 $7,050 VIII CONSTRUCTION ADMINISTRATION Principal 40 $150 $6,000 Proj. Mgr 130 $140 $18,200 130 $115 $14,950 Designer 60 $95 $5,700 Drafter 40 $80 $3,200 Subtotals 400 $48,050 SUBTOTAL ARCH. LABOR 1530 $181,300 REIMB. EXPENSE ESTIMATE 5%$9,065 SUBCONSULTANTS $163,625 $16,363 $179,988 Structural (AUE)$39,000 Mechanical, Electrical, Plumbing (Rensch)$86,900 Landscaping (Van De Vanter Group) $0 Cost Estimate Consultant (Wool-Zee Company, Inc.)$800 Civil Engineering (Erlandsen)$14,275 Envelope (Dimensional)$22,650 GRAND TOTAL DESIGN FEES $370,353 EXHIBIT B - TIME AND FEE ESTIMATE NOTE: All hours and expenses are estimated, and may be increased or decreased within the total budget limit at the discretion of Driftmier's project manager. The Driftmier project manager may transfer budget from estimated expenses to labor and vice versa, as the project manager may determine as appropriate. Work will be billed on a time and expense basis, subject to the limit of the not-to- exceed Grand Total Design Fees. Plus 10% Markup Moses Lake Council Packet 2-11-20, Page 74 of 123 Page 1 of 1 STAFF REPORT To: City Council From: Allison Williams, City Manager Date: February 6, 2020 Proceeding Type: Public Hearing Subject: Surplus Vista Park 1 Purchase and Sale Agreement Legislative History: • First Presentation: January 14, 2020 • Second Presentation: February 11, 2020 • Action: Motion Staff Report Summary The subject property is no longer needed for municipal purposes as initially intended when the property was deeded to the City. The property can be disposed of and sold in a commercially reasonable manner. Background The Parks Commission met to discuss surplus of Vista 1 and Power Point Parks. They recommended Council surplus Vista 1 Park and keep the other park for potential use in the trails program. Council requested staff to bring back a surplus resolution to the next meeting. Council adopted Resolution No. 3789 declaring real property owned by the City of Moses Lake as surplus on January 14. Fiscal and Policy Implications The sale of the subject property will save the General Fund revenues that have been used to maintain the property. Options Option Results • Conduct Public Hearing and Authorize Agreement to sell. Staff will proceed with property sale. • Take no action. The property will not be sold. Staff Recommendation Staff recommends the City Council conduct the Public Hearing and authorize the City Manager to execute a Purchase and Sale Agreement as discussed in Executive Session. Attachment – Vicinity Map Moses Lake Council Packet 2-11-20, Page 75 of 123 Moses Lake Council Packet 2-11-20, Page 76 of 123 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Date: February 6, 2020 Proceeding Type: New Business Subject: Downtown Association Main Street Funding Legislative History: •First Presentation: •Second Presentation: November 26, 2019 February 11, 2020 •Requested Action: Motion Staff Report Summary At the public hearing held on the 2020 budget conducted on November 26, 2019, the Downtown Moses Lake Association (DMLA) asked for City support of $20,000 by utilizing the Main Street Tax Credit Incentive Program. As the decision was not time sensitive, we indicated it would be brought back for Council action early in 2020. If Council approves the program, $20,000 would be included in the first quarter budget amendment, and we would enter into a contract with DMLA for the services they will provide with the funding. Background The Downtown Moses Lake Association is a member of the Washington State’s Main Street Tax Credit incentive program. The state sets aside an amount of money each year that is split among the eligible downtown revitalization programs. Businesses who pay Business and Occupation Tax or Public Utility Tax can register their intent to donate to the downtown program. Upon approval from the Department of Revenue, a business may receive a credit for 75% of the value of a contribution made to an eligible Washington Main Street Community in the year following the donation. The State makes an allocation of the statewide cap of the credit among all eligible Main Street programs, and businesses have until March 31 to register their intent to donate. If the cap is not 100% distributed by the end of March, then eligible organizations may receive additional contributions, up to $100,000 individual cap per organization. With the 75% credit rule, each organization can receive up to $133,333 in contributions from their donors, which then results in a tax credit of $100,000. Moses Lake Council Packet 2-11-20, Page 77 of 123 Page 2 of 2 The DMLA “ask” is based on similar giving of local businesses being repeated from 2019 to 2020. They estimate $20,000 will maximize their 2020 allocation. Because the credits have to be taken in the year following the donation, the 2020 budget would be affected by the full $20,000, but we would get $15,000 back from the state in 2021, so that the net contribution is $5,000. DMLA has provided a list of projects being accomplished with this funding. The major items include beautification efforts with flower pots and banners, and events to bring people downtown. Their budget assumes receipt of $95,000 from businesses through the Main Street program. Additional material, including the material presented in November, and a Frequently Asked Questions (FAQ) handout from the Department of Revenue are attached. Fiscal and Policy Implications Since this is not currently in the 2020 budget, if Council approves the concept, we will add this to the 1st quarter appropriation ordinance that will be brought to Council the end of March. Because we can’t make donations, we will also need to contract with DMLA to provide the promised services to our citizens. This contract would be similar to contracts we have completed for companies receiving Lodging Tax monies. Options Option Results • Move to approve the full $20,000 contribution to DMLA Action would allow DMLA to completely conduct their budgeted programs. • Modify the amount of the contribution Action would result in DMLA reducing their 2020 programs to stay within resources. • Take no action We will forfeit use of the State’s money to improve our downtown. Staff Recommendation Staff recommends Council set a contribution in the amount of $20k to the Downtown Moses Lake Association by participating in the Main Street Tax Credit incentive program and authorize the City Manager to negotiate and execute the contract for services. Attachments A. B. Email from the DMLA Executive Director FAQ on the Main Street Tax Credit Incentive Program from the Department of Revenue Legal Review N-A Moses Lake Council Packet 2-11-20, Page 78 of 123 Moses Lake Council Packet 2-11-20, Page 79 of 123 Moses Lake Council Packet 2-11-20, Page 80 of 123 Moses Lake Council Packet 2-11-20, Page 81 of 123 Moses Lake Council Packet 2-11-20, Page 82 of 123 Moses Lake Council Packet 2-11-20, Page 83 of 123 Moses Lake Council Packet 2-11-20, Page 84 of 123 Moses Lake Council Packet 2-11-20, Page 85 of 123 Moses Lake Council Packet 2-11-20, Page 86 of 123 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Kris Robbins, Community Development Director Date: February 6, 2020 Proceeding Type: New Business Subject: Tower Lease Agreement – AT&T Legislative History: •First Presentation: February 11, 2020 •Second Presentation: •Requested Action: Motion Staff Report Summary Staff requests Council to consider the attached lease with AT&T to allow the attachment of antennas to the water tank at 1806 Kittleson Road NE (Reservoir 8) as well as a fenced area on the ground for additional equipment. Consideration of the term of the agreement and the amount of lease should be discussed specifically. Background The last time the City Council has reviewed or accepted a lease for antennas on their reservoirs was in 2006. Attached is a draft lease based on the ones we have previously received with input from the City Attorney. As part of this process, the intent is to have Council discuss and look at options as to the amount of the contract and the terms. Council has the ability to either accept or decline the lease. In addition to the lease, staff has requested that there be a structural investigation of the impact of the antennas on the tower. This will be part of the requirement to verify the ability to add more antennas to the water tower. The Municipal Services Director has reviewed and accepted the proposal with the stipulation of the structural investigation. The proposal is for 12 antennas, 16 RRH’s, and 2 surge protectors at the top with ground equipment in an existing fenced compound with a WIC shelter 6’8” x 6’8”, inside a 20’ x 20’ lease area, including a pad for a 30KW diesel generator on a separate pad. Fiscal and Policy Implications Moses Lake Council Packet 2-11-20, Page 87 of 123 Page 2 of 2 There will be a positive financial impact as the City will obtain funding for the lease. Options Option Results • Consider lease, amount of lease and timeframe Authorize the City Manager to execute the agreement with specified changes • Take no action Staff will provide additional information at the next meeting for council approval Staff Recommendation Staff recommends that the Moses Lake City Council discuss the options and approve accordingly. Attachments A. Lease Agreement B List of Existing Leases C. Request and Map Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Agreement Tower Lease Agreement Moses Lake Council Packet 2-11-20, Page 88 of 123 TOWER LEASE AGREEMENT This agreement, made this day ______ of ____________, 20___ between City of Moses Lake, a municipal corporation, with its principal mailing address of 321 S Balsam Street Moses Lake, WA 98837, Social Security Tax ID # ______________________hereinafter designated LESSOR and________________________________ with its principal offices at ______________________________________________________________ hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the “Parties” or individually as the ' Party.' WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain space on LESSOR’s Tower ("'Tower"), located at________________________________________, in the County of Grant, State of Washington, as shown on Exhibit “A" attached hereto and made a part hereof (the entirety of LESSOR' s property is referred to hereinafter as the “Property”), together with a parcel of land sufficient for the installation of LESSEE's equipment and building gene rally as shown on Exhibit "A" , attached hereto and made a part hereof together with sufficient space for the installation and maintenance of wires, cables, conduits and pipes running from the space on the Tower to the equipment building, together with the non-exclusive right for ingress and egress. seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a right-of-way extending from the nearest public right-of-way, _______________________, to the demised premises, said demised premises and right-of-way for access being substantially as described herein in Exhibit "A" and attached hereto and made a part hereof which tower space, demised premises, connection areas and right-of-way are collectively referred to hereinafter as the "Premises". In the event any public utility is unable to use the aforementioned right-of-way, LESSOR hereby agrees to grant an additional right-of-way either to LESSEE or to the public utility at no cost to LESSEE. LESSOR hereby grants permission to LESSEE to install, maintain and operate the radio communications equipment, antennas and appurtenances described in Exhibit "B" attached hereto. LESSEE reserves the right to replace the aforementioned equipment with similar and comparable equipment provided said replacement does not increase tower loading of said Tower. Moses Lake Council Packet 2-11-20, Page 89 of 123 2. SURVEY. LESSOR also here by grants to LESSEE the right to survey the Property and Premises, and said survey shall then become Exhibit "C" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Cost for such work shall be borne by LESSEE. 3. TERM; ELECTRICAL. This Agreement shall be effective as of the date of execution by both parties, provided however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined)at which time rental payments for the first year of the initial term will be due at an annual rental of Fifteen Thousand Six Hundred and No/100 Dollars ($15,600.00) to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. The Commencement Date is defined as the first (1st) day of the month following the date this Agreement is executed by the parties or the first (1st) day of the month following the date LESSEE is granted a building permit by the governmental agency charged with issuing such permits, whichever event occurs last. If permitted by the local utility company servicing the Property, LESSEE will install a separate meter for the measurement of its electric power and will pay for its own utilities used. If installation of a separate meter is not permitted by the utility, LESSEE shall furnish and install an electrical sub meter at the Premises for the measurement of electrical power used by LESSEE's installation. LESSEE shall pay for its own power consumption used thirty (30) days after receipt of an invoice from LESSOR indicating the usage amount. LESSEE shall be permitted to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. 5. ANNUAL RENTAL INCREASES. The annual rent payable by LESSEE for the second (2nd) year of the initial term and for each year thereafter including any and all extension · terms shall be equal to I 02% of the annual rental payable with respect to the immediately preceding year. 6. ADDITIONAL EXTENSIONS. !fat the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least six (6) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of such term. Annual rental for each such additional five (5) year term shall be equal to Moses Lake Council Packet 2-11-20, Page 90 of 123 102% of the annual rental payable with respect to the immediately preceding year. 7. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining and operating a communications facility and uses incidental and all necessary appurtenances. A security fence consisting of chain link construction or similar but comparable construction may be placed around the perimeter of the Premises at the discretion of LESSEE (not including the access easement) and LESSEE shall provide LESSOR with a key to the security fence. All improvements shall be at LESSEE's expense and the installation of all improvements shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its equipment or any portion thereof, whether the equipment is specified or not on any exhibit attached hereto, during the term of this Agreement. LESSEE will maintain the Premises in a good condition reasonable wear and tear excepted. LESSOR will maintain the Property, excluding the Premises, in good condition, reasonable wear and tear excepted. It is understood and agreed that LESSEE's ability to use the Property is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use by LESSEE. In the event that any of such applications for such Governmental Approvals should be finally rejected or LESSEE determines that such Governmental Approvals may not be obtained in a timely manner or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE in its sole discretion will be unable to use the Premises for its intended purposes or LESSEE determines that the Property is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by LESSOR Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each party to the other hereunder. Otherwise, all the Parties shall have no further obligations including the payment of money, to each other. 8. ACCESS TO TOWER. LESSOR agrees LESSEE shall have free access to the Tower at all times for the purpose of installing and maintaining the said equipment. LESSOR shall furnish LESSEE with necessary means of access for the purpose of ingress and egress to this site and Tower location. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of LESSEE or persons under their direct supervision will be permitted to enter said premises. LESSEE shall notify the City of Moses Lake's prior to entering the Property. 9. TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in good repair as required by all federal, state, county and local laws. Moses Lake Council Packet 2-11-20, Page 91 of 123 No materials may be used in the installation of the antennas or transmission lines that will cause corrosion or rust or deterioration of the Tower structure or its appurtenances. All antenna(s) on the Tower must be identified by a marking fastened securely to its bracket on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any user's equipment space. 10. INTERFERENCE. LESSEE agrees to have installed radio equipment of the type and frequency which will not cause measurable interference to the equipment of LESSOR or other lessees of the Property existing as of the date this Agreement is executed by the Parties. In the event LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE of such interference, LESSEE will take all steps necessary to correct and eliminate the interference. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such radio equipment that is of the type and frequency which will not cause measurable interference to the existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for non- compliance with the provisions of this paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 11. LESSEE COMPLIANCE. All installations and operation in connection with this Agreement by LESSEE shall meet with all applicable Rules and Regulations of the Federal Communications Commission, Federal Aviation Agency and all applicable codes and regulations of the township, county and state concerned. Under this Agreement, LESSOR assumes no responsibility for the licensing, operation, and/or maintenance of LESSEE's radio equipment. 12. INDEMNIFICATION. Subject to Paragraph 13 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Premises or the Property by the Party, its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts or omissions of the other Party, or its servants or agents. 13. INSURANCE. LESSOR and LESSEE each agree that at its own cost and expense, each will maintain comprehensive general liability and property liability insurance with liability limits of not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. A copy of the certificate of insurance shall be provided to the LESSOR on an annual basis. 14. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder and shall have paid all rents and sums due and payable to LESSOR by LESSEE, LESSEE shall have the right to terminate this Moses Lake Council Packet 2-11-20, Page 92 of 123 Agreement upon the annual anniversary of this Agreement provided that three (3) months prior notice is given LESSOR. 15. REMOVAL UPON TERMINATION. LESSEE, upon termination of the Agreement, shall, within ninety (90) days, remove its building(s), antenna structure(s) (except footings), fixtures and all personal property and otherwise restore the Property to its original condition, reasonable wear and tear excepted. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 16. RIGHT OF FIRST REFUSAL. If LESSOR during the lease term or any extension of the lease term elects to sell all or any portion of the Property, whether separately or as part of the larger parcel of which the Property are a part, LESSEE shall have the right of first refusal to meet any bona fide offer of sale on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after notice thereof from LESSOR, LESSOR may sell the Property or portion thereof to such third person in accordance with the terms and conditions of his offer. For purposes of this Paragraph, any transfer, bequest or devise of LESSOR's interest in the Property as a result of the death of LESSOR, whether by will or intestate succession, shall not be considered a sale of the Property for which LESSEE has any right of first refusal. 17. RIGHTS UPON SALE. Should LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by LESSOR of the portion of this property underlying the right-of-way herein granted shall be under and subject to the right of LESSEE in and to such right-of-way. 18. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises. 19. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same, and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above. Moses Lake Council Packet 2-11-20, Page 93 of 123 20. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 21. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State in which the Property is located. 22. ASSIGNMENT. This Agreement may be sold, assigned or transferred by LESSEE without any approval or consent of LESSOR to LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of LESSOR, which consent will not be unreasonably withheld or delayed. 23. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City Manager City of Moses Lake P.O. Drawer 1579 Moses Lake, WA 98837 Telephone: (509) 766-9201 LESSEE: Moses Lake Council Packet 2-11-20, Page 94 of 123 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 24. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the Parties hereto. 25. SUBORDINATION AND NON-DISTURBANCE. At LESSOR's option, this Agreement shall be subordinate to any mortgage or other security interest by LESSOR which from time to time may encumber all or part of the Property or right-of-way; provided, however, every such mortgage or other security interest shall recognize the validity of this Agreement in the event of a foreclosure of LESSOR's interest and also LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement. LESSEE shall execute whatever instruments may reasonably be required to evidence this subordination clause. In the event the Property is encumbered by a mortgage or other security interest, LESSOR immediately after this Agreement is executed, will obtain and furnish to LESSEE, a non-disturbance agreement for each such mortgage or other security interest in recordable form. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other security interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or security interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 26. RECORDING. LESSOR agrees to execute a Memorandum of this Lease Agreement which LESSEE may record with the appropriate Recording Officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either term or rent payments. 27. DEFAULT. In the event there is a default by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such default After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the same within the time periods provided in this paragraph. 28. ENVIRONMENTAL a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including without limitation any regulations, Moses Lake Council Packet 2-11-20, Page 95 of 123 guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity conducted in, on, or in any way related to the Property, unless and only to the extent such conditions or concerns are caused by the activities of the LESSEE. b. LESSOR shall hold LESSEE harmless and indemnify the LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all claims, duties, responsibilities, and liability (including without limitation for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless and only to the extent such compliance results from conditions caused by the LESSEE; b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless and only to the extent such environmental conditions are caused by the LESSEE; and (c) without limiting the generality of the foregoing, any hazardous substances present or released on, in under or about the Property, unless and only to the extent such hazardous substances were introduced to the Property by LESSEE. 29. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, all rental shall abate during the period of repair following such fire or other casualty. 30. CONDEMNATION. In the event of any condemnation of the Property, LESSEE may terminate this Agreement upon fifteen (I 5) days written notice to LESSOR if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the Moses Lake Council Packet 2-11-20, Page 96 of 123 date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 31. SUBMISSION OF LEASE. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 32. APPLICABLE LAWS. LESSEE shall use the Premises as may be required or as permitted by applicable laws, rules and regulations. LESSOR agrees to keep the Property on conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises. 33. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 34. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: City of Moses Lake, a Municipal corporation By:_______________________ Name:____________________ Title:______________________ Date:______________________ LESSEE: By:_______________________ Date:_____________________ Moses Lake Council Packet 2-11-20, Page 97 of 123 EXHIBITS: LESSOR ACKNOWLEDMENT STATE OF WASHINGTON) ) ss. COUNTY OF _____________) ON THIS _____ day of ___________________, 20____, before me, personally appeared ______________________________ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that He/She was authorized to execute the instrument, and acknowledged it as the _________________________of city of Moses Lake, a Municipal corporation to be the free and voluntary act and deed of said party for the uses and purposed mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NAME _______________________________________ NOTARY PUBLIC in and for the State of Washington, residing at ___________________ My Commission Expires: __________________ Moses Lake Council Packet 2-11-20, Page 98 of 123 Page 1 of 1 Existing Agreements Moses Lake Council Packet 2-11-20, Page 99 of 123 Letter of Intent Date: 8/5/2019 Project: AT&T Collocation on City Water Tank WN4699 Moses Lake Central Address: 1806 Kittleson Road NE Moses Lake WA 98837 Reservoir 8 ATTN: Fred Snoderly Municipal Services Director PO BOX 1579 Moses Lake WA 98837 AT&T would like to formally request to collocate on the Water tank known as Reservoir 8. AT&T would like to attach antennas to the Water tank at 165’ RAD center at the top of the tank. The proposal is for 12 antennas 16 RRH’s and 2 surge protectors at the top with ground equipment in and existing fenced compound with a WIC shelter 6’8” x 6’8” inside a 20’ x 20’ lease area including a pad for a 30KW diesel generator on a separate pad. This letter would also grant permission to apply for permits for this project to Smartlink LLC, as AT&T’s representative. I would like to formally request that we start the process and start a draft lease agreement . Any actual construction may not begin without a fully executed lease, all proper building and/ or right of way permits, and Property Owner’s approval of the construction schedule. Please let me know if you need additional information. Thank you Daniel Baum | Real Estate Specialist 11410 NE 122nd Way Suite 102 Kirkland, WA 98034 (m) 206-661-8053 Moses Lake Council Packet 2-11-20, Page 100 of 123 TITLE SHEETINFINIGYFROM ZERO IOT NF I IN GYINFINIGYFROM ZERO IOT NF I IN GYthe solutions are endlessINFINIGY ENGINEERING PLLC2500 W. HIGGINS RD. SUITE 500 HOFFMAN ESTATES, IL 60169Phone: 847-648-4068 | Fax: 518-690-0793www.infinigy.comDesigned:Project Title:Submittal / RevisionRev.App'dDateApproved:Date:Date:Project Number:Drawing Scale:Date:07/24/19AS NOTEDZDSITE ADDRESS:1806 KITTLESON ROAD NEMOSES LAKE, WA 98837T-1Prepared By:Prepared For:Engineer Stamp:Drawing Title:Drawing Number:Signed:Date:499-037AT&T SITE ID:WN4699FA LOCATION:14351797SITE NAME:MOSES LAKE CENTRALTHE INFORMATION CONTAINED IN THIS SET OFCONSTRUCTION DOCUMENTS IS PROPRIETARY BYNATURE. ANY USE OR DISCLOSURE OTHER THANTHAT WHICH RELATES TO INFINIGY OR AT&TMOBILITY SERVICES IS STRICTLY PROHIBITED.Carrier:11410 NE 122ND WAY, SUITE 102KIRKLAND, WASHINGTON 98034NOT FOR CONSTRUCTIONLTECallbefore you dig.below.Know what'sRTO OBTAIN LOCATION OF PARTICIPANTSUNDERGROUND FACILITIES BEFOREYOU DIG IN WASHINGTON, CALL UTILITYNOTIFICATION CENTERTOLL FREE: 1-800-424-5555 ORwww.callbeforeyoudig.orgWASHINGTON STATEREQUIRES MIN OF 2WORKING DAYS NOTICEBEFORE YOU EXCAVATEPROJECT:SITE #:FA #:PTN #:PACE #:USID #:SITE NAME:SITE ADDRESS:COUNTY:JURISDICTION:AT&T COLLOCATIONWN4699143517973801A0DN6RMRWOR030258255263MOSES LAKE CENTRAL1806 KITTLESON ROAD NEMOSES LAKE, WA 98837GRANT COUNTYGRANT COUNTY···························Moses Lake Council Packet 2-11-20, Page 101 of 123 Moses Lake Council Packet 2-11-20, Page 102 of 123 GENERAL NOTESINFINIGYFROM ZERO IOT NF I IN GYINFINIGYFROM ZERO IOT NF I IN GYthe solutions are endlessINFINIGY ENGINEERING PLLC2500 W. HIGGINS RD. SUITE 500 HOFFMAN ESTATES, IL 60169Phone: 847-648-4068 | Fax: 518-690-0793www.infinigy.comDesigned:Project Title:Submittal / RevisionRev.App'dDateApproved:Date:Date:Project Number:Drawing Scale:Date:07/24/19AS NOTEDZDSITE ADDRESS:1806 KITTLESON ROAD NEMOSES LAKE, WA 98837SP-1Prepared By:Prepared For:Engineer Stamp:Drawing Title:Drawing Number:Signed:Date:499-037AT&T SITE ID:WN4699FA LOCATION:14351797SITE NAME:MOSES LAKE CENTRALTHE INFORMATION CONTAINED IN THIS SET OFCONSTRUCTION DOCUMENTS IS PROPRIETARY BYNATURE. ANY USE OR DISCLOSURE OTHER THANTHAT WHICH RELATES TO INFINIGY OR AT&TMOBILITY SERVICES IS STRICTLY PROHIBITED.Carrier:11410 NE 122ND WAY, SUITE 102KIRKLAND, WASHINGTON 98034NOT FOR CONSTRUCTIONLTEMoses Lake Council Packet 2-11-20, Page 103 of 123 OVERALL SITE PLANINFINIGYFROM ZERO IOT NF I IN GYINFINIGYFROM ZERO IOT NF I IN GYthe solutions are endlessINFINIGY ENGINEERING PLLC2500 W. HIGGINS RD. SUITE 500 HOFFMAN ESTATES, IL 60169Phone: 847-648-4068 | Fax: 518-690-0793www.infinigy.comDesigned:Project Title:Submittal / RevisionRev.App'dDateApproved:Date:Date:Project Number:Drawing Scale:Date:07/24/19AS NOTEDZDSITE ADDRESS:1806 KITTLESON ROAD NEMOSES LAKE, WA 98837C-1Prepared By:Prepared For:Engineer Stamp:Drawing Title:Drawing Number:Signed:Date:499-037AT&T SITE ID:WN4699FA LOCATION:14351797SITE NAME:MOSES LAKE CENTRALTHE INFORMATION CONTAINED IN THIS SET OFCONSTRUCTION DOCUMENTS IS PROPRIETARY BYNATURE. ANY USE OR DISCLOSURE OTHER THANTHAT WHICH RELATES TO INFINIGY OR AT&TMOBILITY SERVICES IS STRICTLY PROHIBITED.Carrier:11410 NE 122ND WAY, SUITE 102KIRKLAND, WASHINGTON 98034NOT FOR CONSTRUCTIONLTEMoses Lake Council Packet 2-11-20, Page 104 of 123 AAAACOMPOUND PLANINFINIGYFROM ZERO IOT NF I IN GYINFINIGYFROM ZERO IOT NF I IN GYthe solutions are endlessINFINIGY ENGINEERING PLLC2500 W. HIGGINS RD. SUITE 500 HOFFMAN ESTATES, IL 60169Phone: 847-648-4068 | Fax: 518-690-0793www.infinigy.comDesigned:Project Title:Submittal / RevisionRev.App'dDateApproved:Date:Date:Project Number:Drawing Scale:Date:07/24/19AS NOTEDZDSITE ADDRESS:1806 KITTLESON ROAD NEMOSES LAKE, WA 98837C-1.1Prepared By:Prepared For:Engineer Stamp:Drawing Title:Drawing Number:Signed:Date:499-037AT&T SITE ID:WN4699FA LOCATION:14351797SITE NAME:MOSES LAKE CENTRALTHE INFORMATION CONTAINED IN THIS SET OFCONSTRUCTION DOCUMENTS IS PROPRIETARY BYNATURE. ANY USE OR DISCLOSURE OTHER THANTHAT WHICH RELATES TO INFINIGY OR AT&TMOBILITY SERVICES IS STRICTLY PROHIBITED.Carrier:11410 NE 122ND WAY, SUITE 102KIRKLAND, WASHINGTON 98034NOT FOR CONSTRUCTIONLTEMoses Lake Council Packet 2-11-20, Page 105 of 123 ELEVATIONINFINIGYFROM ZERO IOT NF I IN GYINFINIGYFROM ZERO IOT NF I IN GYthe solutions are endlessINFINIGY ENGINEERING PLLC2500 W. HIGGINS RD. SUITE 500 HOFFMAN ESTATES, IL 60169Phone: 847-648-4068 | Fax: 518-690-0793www.infinigy.comDesigned:Project Title:Submittal / RevisionRev.App'dDateApproved:Date:Date:Project Number:Drawing Scale:Date:07/24/19AS NOTEDZDSITE ADDRESS:1806 KITTLESON ROAD NEMOSES LAKE, WA 98837C-2Prepared By:Prepared For:Engineer Stamp:Drawing Title:Drawing Number:Signed:Date:499-037AT&T SITE ID:WN4699FA LOCATION:14351797SITE NAME:MOSES LAKE CENTRALTHE INFORMATION CONTAINED IN THIS SET OFCONSTRUCTION DOCUMENTS IS PROPRIETARY BYNATURE. ANY USE OR DISCLOSURE OTHER THANTHAT WHICH RELATES TO INFINIGY OR AT&TMOBILITY SERVICES IS STRICTLY PROHIBITED.Carrier:11410 NE 122ND WAY, SUITE 102KIRKLAND, WASHINGTON 98034NOT FOR CONSTRUCTIONLTEMoses Lake Council Packet 2-11-20, Page 106 of 123 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Kris Robbins, Community Development Director Date: February 3, 2020 Proceeding Type: New Business Subject: Build on Unplatted Property Freeman Resolution 3792 Legislative History: •First Presentation: February 11, 2020 •Second Presentation: •Requested Action: Motion Staff Report Summary The Community Development Department has received a request from Susan Freeman to build on unplatted property, parcel number 110007040, 10928 Farmer Drive NE. The proponent is requesting a building permit to add a 344 square foot bedroom addition in the rear yard of the existing house. Background A building permit cannot be issued on unplatted property in accordance with MLMC 16.02.040 unless the City Council finds that the public interest will not be adversely affected by the issuance of such a permit. Fiscal and Policy Implications - No impact. Options Option Results •Adopt the Resolution as presented Find that the request meets the provisions of MLMC 16.02.040 and grant the request to build on unplatted property •Take no action The building permit will not be issued and the property will remain as is or the applicants would need to plat the property first Moses Lake Council Packet 2-11-20, Page 107 of 123 Page 2 of 2 Staff Recommendation Staff recommends that the Moses Lake City Council adopt the Resolution for approval to build on unplatted property as presented. Attachments - None A. Resolution 3792 B. Proponent request, aerial map, and site plan. Legal Review – N/A Moses Lake Council Packet 2-11-20, Page 108 of 123 Page 1 of 1 RESOLUTION NO. 3792 A RESOLUTION ALLOWING SUSAN FREEMAN TO BUILD ON UPLATTED PROPERTY Recitals: 1. Moses Lake Municipal Code 16.02.040 allows for the issuance of a building permit to a proponent who wishes to build on unplatted property after a resolution has been duly passed by the City Council. 2. Susan Freeman has requested the City Council to allow her to build on unplatted property he owns and described as follows: TX# 3969 IN S1/2SENE 14 19 28 TAX# 3969 BEGINNING AT THE EAST QUARTER CORNER OF SECTION 14, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., THENCE NORTH 00°28'50" EAST ALONG THE EAST LINE OF SAID SECTION 14, 402.87 FEET; THENCE NORTH 89°51'48" WEST PARALLEL TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14, 369.82 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00° 08'12" EAST, 208.50 FEET; THENCE NORTH 89°51'48" WEST, 60 FEET; THENCE SOUTH 00°08'12" WEST, 208.50 FEET; THENCE SOUTH 89°51'48" EAST, 60 FEET TO THE TRUE POINT OF BEGINNING. Resolved: 1. Susan Freeman be allowed to construct a 344 square foot addition on the property with the existing single-family residence on unplatted property provided that all permits and construction plans are submitted and approved by the appropriate city departments. The permission granted is to run with the land. 2. Farmer Drive is a paved street without curb, gutter, and sidewalks. City water is currently serving the site with septic sewer. These conditions, in conjunction with existing building codes and zoning regulations, ensure that the construction of the addition on unplatted property will not adversely affect the public’s interest. The subject property will not be required to be platted as part of this agreement. Adopted by the City Council on February 11, 2020. ______________________________________ David Curnel, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 2-11-20, Page 109 of 123 Moses Lake Council Packet 2-11-20, Page 110 of 123 Moses Lake Council Packet 2-11-20, Page 111 of 123 Moses Lake Council Packet 2-11-20, Page 112 of 123 Page 1 of 3 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: January 30, 2020 Proceeding Type: New Business Subject: Deviation Request for Moses Lake Avenue Legislative History: •First Presentation: February 11, 2020 •Second Presentation: •Requested Action: Motion Staff Report Summary Western Pacific Engineering, representing the Moses Lake School District, has requested a deviation to the sidewalk design for the proposed Moses Lake Avenue. Background The Moses Lake School District is in the process of design and construction of the new Groff Elementary School located south of Nelson Road. As a part of the design of the new school Western Pacific Engineering & Survey (WPES) is in the process of designing a new City street to serve the school. The new street is called Moses Lake Avenue and has been planned for many years. However, the roadway no longer fits within the existing City street easements and right of way due to existing site constraints and modification to City roadway construction standards. The City of Moses Lake has been working to obtain right of way for establishing a new road connecting Nelson Road to State Route 17. The City has obtained a 60 foot right of way from Nelson Road to Yonezawa Blvd. The construction of Groff Elementary has provided the opportunity to begin the construction of this new roadway. The majority of the easement / right of way granted falls within an existing easement granted to the Grant County PUD for the construction of high voltage transmission lines. Since the City’s easement came after the easement to the PUD, the PUD has rights senior to the City. The original PUD easement was wide enough to construct two parallel transmission lines. The PUD has the right to build their transmission line over and across the City’s roadway easement / right of way. For many years the PUD believed the second transmission line would not be necessary; however, with the City’s rapid growth, the second transmission line will be necessary in a few years. Moses Lake Council Packet 2-11-20, Page 113 of 123 Page 2 of 3 The current City standard for sidewalk construction is five foot planter strip and five foot sidewalk on both sides of the street. In non-residential zones planter areas are not required provided the width of the sidewalk exceeds eight feet. The PUD of Grant County would like to have a 60’ driveway installed centered on their sub- station gate located on Moses Lake Ave. The PUD provided information stating they feel the 60’ access is required for safe and efficient ingress/egress of a mobile sub-station should it ever be needed. The currant driveway standard allows for a driveway with a 30’ bottom and 6’ tapers creating a driveway 42’ top of taper to top of taper. To facilitate the construction of Moses Lake Avenue inside of the easement / right of way provided, WPES has requested the following deviation the current design standards: 1) Remove the five foot planter strips from the back of curb to the front of the sidewalk. 2) Increase the width of the sidewalk on the east side of the road to ten feet wide. 3) Install the sidewalk on the west side of the road adjacent to the curb. 4) Install a 60’ driveway centered on the sub-station gate located on Moses Lake Ave. The request for ten foot sidewalks supports the future design of Moses Lake Ave connecting to Yonezawa Blvd. Yonezawa Blvd currently has ten foot sidewalks from State Route 17 to Division Street. With the constraints imposed by the Grant County PUD there is not enough room to construct the proposed roadway with planter strips on both sides. Fiscal and Policy Implications The fiscal implications of granting the deviations requested would require the City to have an additional five feet of sidewalk to maintain on the east side of the road. There would be no negative policy implications from granting the deviation. Options Option Results • Move to approve the deviation as presented The project will continue to be designed as requested. • Modify the request Action could require staff to bring a revised document to Council for consideration. • Take no action The project would be delayed pending a design change. Moses Lake Council Packet 2-11-20, Page 114 of 123 Page 3 of 3 Staff Recommendation Staff recommends City Council approve the deviation for the modified street profile as requested. Attachments A. Site map, sidewalk standard, typical road cross section, proposed cross section, letter from WPES, email from GCPUD. Legal Review - N/A Moses Lake Council Packet 2-11-20, Page 115 of 123 Moses Lake Council Packet 2-11-20, Page 116 of 123 Moses Lake Council Packet 2-11-20, Page 117 of 123 Moses Lake Council Packet 2-11-20, Page 118 of 123 Moses Lake Council Packet 2-11-20, Page 119 of 123 TYPICAL STREET CROSS SECTIONMAINTENANCE ROCK± 3:1 (H:V)MAINTENANCE ROCKHMACSTC/CSBCW5 FT.LW5 FT.PLANTERAREA1% TO2%SLOPE2% SLOPE2% SLOPEPLANTERAREA1% TO 2%SLOPENOTE: THESE DIMENSIONS MAY BE REQUIRED TO BE INCREASED DUE TO SPECIFIC CONDITIONS.CUL-DE-SAC: SEE DETAIL A-13ASPHALT DEPTHASPHALT WIDTH 'L'CSTC DEPTHCSBC DEPTHSIDEWALK WIDTH 'W'RADIUS TO BACKOF CURB ATINTERSECTIONRIGHT OF WAYCURVATUREMAXIMUM GRADE4 INCHES50 FEET3 INCHES6 INCHES6 FEET30 FEET100 FEET300 FT. RADIUS6 %PRIMARY STREETSSECONDARY STREETS3 INCHES50 FEET3 INCHES6 INCHES6 FEET30 FEET80 FEET200 FT. RADIUS8%2.5 INCHESTERTIARY STREETS35 FEET4 INCHESN/A5 FEET20 FEET60 FEET200 FT. RADIUS10 %RESIDENTIAL STREETS2.5 INCHES28 FEET4 INCHESN/A5 FEET20 FEET60 FEET100 FT. RADIUS10 %DIMENSIONSNOTES:1. FOR SIDEWALK AND DRIVEWAY CONSTRUCTION SEE STANDARD DRAWINGS A-5 AND A-6.2. FOR CURB CONSTRUCTION SEE STANDARD DRAWING A-4.3. STREETS SHALL HAVE A CENTERLINE SLOPE OF 0.5 PERCENT OR GREATER.4. ALL SIDEWALK SHALL BE INSTALLED WITH A SLOPE OF 1% TO 2.0% FROM BACK-OF-SIDEWALK TOBACK-OF-CURB.5. IN COMMERCIAL AND INDUSTRIAL DEVELOPMENTS, PLANTER AREAS MAY BE ELIMINATED BY INSTALLING AN8-FOOT-WIDE SIDEWALK ADJACENT TO CURB.6. RIGHT-OF-WAY FOR RESIDENTIAL STREETS MAY BE REDUCED TO 53-FT PROVIDED THAT A 4-FT MUNICIPALEASEMENT IS ACCEPTED BY THE CITY ON EACH SIDE OF THE 53-FT RIGHT-OF-WAY.7. ALL CONSTRUCTION AND MATERIALS SHALL MEET THE SPECIFICATIONS AND REQUIRE AUTHORIZATION BYTHE CITY OF MOSES LAKE.DATE REVISION BY08/18AMENDED MLLRPMNONE01/10MORODRAWNCHECKDATESCALEWASHINGTONGRANT COUNTYMUNICIPAL SERVICES DEPT. - ENGINEERING DIVISION\\ENG-SERVER\drawings\COMMUNITY STANDARDS\2018 REVISED\A-2-STREET.dwg PLOT: August 16, 2018 at: 10:26am 1 FT.1.5 FT.1 FT.1.5 FT.± 3:1 (H:V)Moses Lake Council Packet 2-11-20, Page 120 of 123 5 FT. NOTES: 1. CONTROL JOINTS SHALL BE 1 INCH DEEP AND PLACED PERPENDICULAR TO THE CURB. SPACING SHALL MATCH THE SIDEWALK WIDTH, BUT NOT GREATER THAN 10 FT.; EXCEPT, WHEN PLANTER AREAS ARE NOT INSTALLED, CONTROL JOINTS SHALL ALIGN WITH CURB JOINTS. 2. FULL DEPTH EXPANSION JOINTS (MASTIC) SHALL BE PLACED PERPENDICULAR TO THE CURB AT 20 TO 30 FT. INTERVALS. ALIGN WITH CONTROL JOINTS AS DIRECTED BY ENGINEER. 3. MASTIC SHALL BE 3/8-INCH THICK MATERIAL AND BE PLACED FULL DEPTH. MASTIC SHALL NOT BE INSTALLED WITHIN DRIVEWAYS OR RAMPS. 4. SIDEWALK AND DRIVEWAYS SHALL BE BROOM FINISHED PERPENDICULAR TO THE CURB. 5. MAINTAIN FIVE-FEET OF CLEARANCE FOR SIGN, MAILBOX, UTILITY POLE, AND ALL OTHER STRUCTURES WITHIN THE SIDEWALK. 6. ONE INCH OF MAINTENANCE ROCK OR CRUSHED SURFACING TOP COURSE IS REQUIRED UNDER ALL CONCRETE. 7. SIDEWALK THICKNESS: 4 INCHES WHEN BEHIND TYPE 'A' CURB AND TYPE 'E' CURB 6 INCHES IN ALL DRIVEWAYS (TOP-OF-TAPER TO TOP-OF-TAPER) AND BEHIND EXISTING ROLLED CURB. 8. IN THE PLANTER AREA, A 2-INCH SCHEDULE 40 PVC PIPE WITH CAPS ON BOTH ENDS SHALL BE INSTALLED 12-INCHES DEEP WITH 6-INCHES OF SAND BEDDING UNDER THE SIDEWALK FOR EACH PROPERTY. 9. PLANTER AREAS MAY BE WIDER THAN 5 FEET, PROVIDED THAT 1-FOOT R.O.W. IS PROVIDED BEHIND THE SIDEWALK. 10.CURB, SIDEWALK, OR DRIVEWAYS CAN BE PLACED MONOLITHICALLY. 11. FOR NON-RESIDENTIAL ZONES, PLANTER AREAS ARE NOT REQUIRED PROVIDED THAT THE WIDTH OF SIDEWALK "W" IS AT LEAST 8 FT. WIDE. IN THE PAVER DISTRICT, SIDEWALKS SHALL BE CONSTRUCTED FROM R.O.W. TO BACK-OF-CURB. 12. WHEN NEW SIDEWALKS ARE INSTALLED ADJACENT TO EXISTING CURB OR SIDEWALKS, NO.4 REBAR SHALL BE INSTALLED IN THE DIRECTION OF PEDESTRIAN TRAVEL AS DIRECTED BY THE ENGINEER. 13. ALL CONSTRUCTION AND MATERIALS SHALL MEET THE SPECIFICATIONS AND REQUIRE AUTHORIZATION BY THE CITY OF MOSES LAKE W-FT. PLAN VIEW ELEVATION VIEW 4 IN. INSTALL TWO OR MORE NO. 4 REBAR AT EACH END. 4in. INTO NEW AND EXISTING CONCRETE EXISTING SIDEWALK 1in. MAINTENANCE ROCK NEW OR REPLACEMENT SIDEWALK EXISTING SIDEWALK EXPANSION JOINTS SHALL BE SPACED 20 TO 30 FT ALIGN WITH CONTROL JOINTS AS DIRECTED BY ENGINEER CONTROL JOINTS SEE NOTE 1. INSTALL TWO OR MORE NO. 4 REBAR AT EACH END. 4 IN. INTO NEW AND EXISTING CONCRETE. PLANTER AREA IRRIGATION CONDUIT SIDEWALK 5 OR 6 FT. 1% TO 2% 1% TO 2% CURB AND GUTTER DATE REVISION BY 08/18 AMENDED MLL RPM NONE 01/13 MORO DRAWN CHECK DATE SCALE WASHINGTONGRANT COUNTY MUNICIPAL SERVICES DEPT. - ENGINEERING DIVISION \\ENG-SERVER\drawings\COMMUNITY STANDARDS\2018 REVISED\A-5-SIDEWALK.dwg PLOT: August 16, 2018 at: 10:26amMoses Lake Council Packet 2-11-20, Page 121 of 123 Moses Lake Council Packet 2-11-20, Page 122 of 123 Moses Lake Council Packet 2-11-20, Page 123 of 123