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2020 0414 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 Regular Meeting Agenda – REMOTE ACCESS ONLY Tuesday, April 14, 2020, 7 PM Due to the COVID-19 pandemic, the Governor has amended the emergency proclamation to prohibit all in person meetings of local government and only require public access to the remote meeting. Citizens can join this meeting via phone by calling 877 853 5257 (Toll Free) or 888 475 4499 (Toll Free) and entering the webinar id: 598 827 193 or online https://zoom.us/j/598827193 Call to Order – 7 p.m. Roll Call Pledge of Allegiance Summary Reports: Mayor’s Report Additional Business City Manager’s Report Citizen’s Communications – Citizens who would like to address the Council must submit written comments to the City Clerk no later than 3 p.m. on the day of the meeting. Comments will be provided to Council electronically and recorded in the meeting minutes, the public will not have access to speak at the meeting. 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 3 a.City Council Meeting Minutes dated March 24, 2020 b.Claims and Payroll c.FFCRA Emergency Leave Resolution 3799 d.Digital and Electronic Signatures Resolution 3800 e.Build on Unplatted Property Nutrien Resolution 3801 Continued.....Moses Lake Council Packet 4-14-20, Page 1 of 243 April 14, 2020, City Council Meeting – Page 2 Consent Agenda Continued: f.Poth Final Plat Acceptance g.Do Not Extinguish Agreement MLFD-Nutrien h.Fire Apparatus Contract Amendment i.Award Reservoir 8 Painting Project Bid j.Accept Westlake Lift Station Upgrade k.Accept Cascade, Dog, and Dano Parks’ Resurfacing Old Business #2 pg 124 LOCAL Program Intent Motion Presented by Cindy Jensen, Finance Director Summary: Council to review and consider approval New Business #3 pg 132 Quasi-Judicial Hearings MLMC Update Ordinance 2949 Motion Presented by Katherine Kenison, City Attorney Summary: Council to review and consider adoption Administrative Reports 2019 4th Quarter Financial Report Council Communications and Reports Executive Session Potential Litigation pursuant to RCW 42.30.110(1)(i) Adjournment Moses Lake Council Packet 4-14-20, Page 2 of 243 MOSES LAKE CITY COUNCIL March 24, 2020 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7:05 p.m. by Deputy Mayor Jackson in the Council Chambers of the Civic Center, 401 S. Balsam St., Moses Lake, Washington. ROLL CALL Present: (in person) Deputy Mayor Jackson and Council Member Eck; (remote access) Mayor Curnel; Council Members Riggs, Liebrecht, Myers, and Hankins. PLEDGE OF ALLEGIANCE Council Member Eck led the Pledge of Allegiance. SUMMARY REPORTS MAYOR’S REPORT Pandemic Emergency Declaration Proclamation Resolution 3798 The resolution ratifies the Proclamation of Emergency signed by the City Manager and Mayor on March 19 that sets forth provisional emergency procedures and authorizes emergency expenditures that expire on April 28. Action taken: Council Member Eck moved to adopt the resolution as presented, second by Council Member Riggs. The motion carried 7 – 0. HopeSource Letter of Support Council asked questions about the overall homelessness program effect on the community and requested staff to participate in the Homelessness Task Force meetings. The letter of support will be addressed to Grant County Commissioners for distribution of extra COVID-19 funding to HopeSource for development of a plan to address specific targeted populations of homeless individuals. Action taken: Council Member Liebrecht moved to authorize staff to send a letter of support, second by Council Member Myers. The motion carried 7 – 0. CITY MANAGER’S REPORT North Central Regional Library (NCRL) Update Last November, the City sent a letter to the NCRL stating we would be exercising changes in the contract when it came up for the annual renewal. The NCRL responded with a letter of reconsideration for 90 days while the City analyzes results of a building inspection and to give them an opportunity to negotiate additional maintenance costs they can incorporate into their budget. They also advised this week that they would be closed to the public for the next four weeks due to the COVID-19 pandemic. CONSENT AGENDA #1 a. City Council meeting minutes dated March 10, 2020b.Claim Checks 147221 through 147397 in the amount of $1,106,659.38; Payroll checks 63337 through 63349 in the amount of $10,558.26; and Electronic Payments dated March 6, 2020, in the amount of $446,653.62 Moses Lake Council Packet 4-14-20, Page 3 of 243 c. WSDOT Aviation Grant Application Resolution 3796 d. Award Valley Rd/Loop Dr Water Main Improvements Bid e. Award 2020 Pole Building Bid f. Wastewater Telemetry Improvements Proposal g. Accept Utility Improvement from Polo Ridge 2 Resolution 3797 h. Accept Well #18 Starter Replacement 2019 i. Accept Larson Lighting and Lauzier Scoreboard Projects j. Authorize Invoice Cloud Contract Action taken: Council Member Eck moved to approve the Consent Agenda, second by Mayor Curnel. The motion carried 7 – 0. NEW BUSINESS #2 AFSCME Labor Agreement This is the first contract for Local 3045 that was initiated September 3, 2018. The contract period is January 1, 2019 through December 31, 2021. Action taken: Mayor Curnel moved to approve the agreement, second by Council Member Liebrecht. The motion carried 7 – 0. #3 9120 Space St NE Request to Connect to Water and Sewer Keith and Valerie Coulson request approval to connect to the City’s sewer system to serve parcel #120903209 and reserves the right to connect to water when it becomes available in the area. Action taken: Council Member Liebrecht moved to approve the request to connect to City water and sewer at 9120 Space St NE with an extraterritorial agreement, second by Council Member Eck. The motion carried 7 – 0. #4 Late Fee and Interest Temporary Waivers Ordinance 2946 The ordinance establishes an emergency for the COVID-19 pandemic which authorizes the City to waive interest, late fees, and termination of service from non-payment of utility accounts as well as extending the renewal of business licenses for a minimum of two months. Action taken: Council Member Hankins moved to adopt Ordinance 2946 as presented, second by Council Member Riggs. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Police Chief Kevin Fuhr stated that federal funding from the Justice Assistance Grant (JAG) have requested the current City Manager sign off and acknowledge that it has been presented to Council in order for them to distribute the 2019 allocation in the amount of $11,465. City Manager Allison Williams tipped her hat to all employees for assistance in developing an essential staffing plan to be implemented this week in accordance to the Governor’s order to shelter in place in response to the COVID-19 pandemic. Council also praised staff for keeping Moses Lake Council Packet 4-14-20, Page 4 of 243 them informed as the emergency plans were developed. COUNCIL COMMUNICATIONS AND REPORTS Council Member Liebrecht welcomed Chief Kevin Fuhr back from his former capacity as Interim City Manager. Council Member Myers provided information on changes for Grant County Transit in response to the COVID-19 pandemic. EXECUTIVE SESSION Mayor Curnel called an Executive Session at 7:32 p.m. to be held for 30 minutes pursuant to RCW 42.30.110(1)(i) to discuss litigation and there will be no further business. ADJOURNMENT The regular meeting was adjourned at 8:04 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-14-20, Page 5 of 243 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Council Meeting Date: April 14, 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 147398 - 147593 $1,861,298.52 Payroll Checks 0063350 - 0063368 $16,380.00 Electronic Payments Payroll ACH -03/20/2020 $423,394.40 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 4-14-20, Page 6 of 243 Moses Lake Council Packet 4-14-20, Page 7 of 243 Moses Lake Council Packet 4-14-20, Page 8 of 243 Moses Lake Council Packet 4-14-20, Page 9 of 243 Moses Lake Council Packet 4-14-20, Page 10 of 243 Moses Lake Council Packet 4-14-20, Page 11 of 243 Moses Lake Council Packet 4-14-20, Page 12 of 243 Moses Lake Council Packet 4-14-20, Page 13 of 243 Moses Lake Council Packet 4-14-20, Page 14 of 243 Moses Lake Council Packet 4-14-20, Page 15 of 243 Moses Lake Council Packet 4-14-20, Page 16 of 243 Moses Lake Council Packet 4-14-20, Page 17 of 243 Moses Lake Council Packet 4-14-20, Page 18 of 243 Moses Lake Council Packet 4-14-20, Page 19 of 243 Moses Lake Council Packet 4-14-20, Page 20 of 243 Moses Lake Council Packet 4-14-20, Page 21 of 243 Moses Lake Council Packet 4-14-20, Page 22 of 243 Moses Lake Council Packet 4-14-20, Page 23 of 243 Moses Lake Council Packet 4-14-20, Page 24 of 243 Moses Lake Council Packet 4-14-20, Page 25 of 243 Moses Lake Council Packet 4-14-20, Page 26 of 243 Moses Lake Council Packet 4-14-20, Page 27 of 243 Moses Lake Council Packet 4-14-20, Page 28 of 243 Moses Lake Council Packet 4-14-20, Page 29 of 243 Moses Lake Council Packet 4-14-20, Page 30 of 243 Moses Lake Council Packet 4-14-20, Page 31 of 243 Moses Lake Council Packet 4-14-20, Page 32 of 243 Moses Lake Council Packet 4-14-20, Page 33 of 243 Moses Lake Council Packet 4-14-20, Page 34 of 243 Moses Lake Council Packet 4-14-20, Page 35 of 243 Moses Lake Council Packet 4-14-20, Page 36 of 243 Moses Lake Council Packet 4-14-20, Page 37 of 243 Moses Lake Council Packet 4-14-20, Page 38 of 243 Moses Lake Council Packet 4-14-20, Page 39 of 243 Moses Lake Council Packet 4-14-20, Page 40 of 243 Moses Lake Council Packet 4-14-20, Page 41 of 243 Moses Lake Council Packet 4-14-20, Page 42 of 243 Moses Lake Council Packet 4-14-20, Page 43 of 243 Moses Lake Council Packet 4-14-20, Page 44 of 243 Moses Lake Council Packet 4-14-20, Page 45 of 243 Moses Lake Council Packet 4-14-20, Page 46 of 243 Moses Lake Council Packet 4-14-20, Page 47 of 243 Moses Lake Council Packet 4-14-20, Page 48 of 243 STAFF REPORT To: City Council From: Allison Williams, City Manager Date: April 10, 2020 Proceeding Type: Consent Agenda Subject: Families First Coronavirus Response Act Resolution (FFCRA) Legislative History: • First Presentation: April 14, 2020 • Second Presentation: • Action: Motion Staff Report Summary The Families First Coronavirus Response Act (FFCRA), which is an economic stimulus plan to address the impact of the COVID-19 pandemic, was signed into law on March 18, 2020, and took effect April 1, 2020. The Act is an expansion of FMLA benefits, Emergency Paid Sick Leave, as well as Unemployment Benefits and will remain in effect until December 31, 2020. The FFCRA contains provisions requiring protected and partially-paid leave for employees forced to miss work when their child’s school is closed due to the outbreak, as well as provisions creating a right to emergency paid sick leave for certain absences related to the outbreak. The Department of Labor will not bring enforcement actions against any public or private employer for violations of the Act occurring within 30 days of the enactment of the FFCRA, i.e. March 18 through April 17, 2020, provided that the employer has made reasonable, good faith efforts to comply with the Act. Fiscal and Policy Implications There is no financial impact on the City. The City’s liabilities will be status quo when employees use earned leave and unused leave will remain banked. Moses Lake Council Packet 4-14-20, Page 49 of 243 Options Option Results • Adopt Resolution 3799 as presented Employee requests for FFCRA Benefits will be processed with HR and Finance. • Adopt Resolution with specified changes Employee requests for FFCRA Benefits will be processed with HR and Finance. • Request more information Staff will schedule a special meeting to present the Resolution for adoption prior to April 17. Staff Recommendation Adopt the Resolution 3799 as presented. Attachment A. Resolution adopting the FFCRA B. City of Moses Lake FFCRA Summary Legal Review The attached Resolution was provided by legal. Moses Lake Council Packet 4-14-20, Page 50 of 243 RESOLUTION NO. 3799 A RESOLUTION ESTABLISHING POLICIES AND PROCEDURES FOR IMPLEMENTING LEAVE AUTHORIZED BY THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT. WHEREAS, on February 29, 2020, the Governor of Washington State issued Emergency Proclamation 20-05, declaring a state of emergency in all Washington counties due to the existence and spread of the novel coronavirus (COVID-19); and WHEREAS, on March 18, 2020, the United States Congress approved and the President signed HR 6201, the Families First Coronavirus Response Act (FFCRA), which requires employers to provide paid leave as a result of quarantine and closures related to the COVID-19 pandemic; and WHEREAS, on March 19, 2020, the City of Moses Lake’s City Manager declared an emergency; and WHEREAS, the City of Moses Lake provides paid time off and other state mandated leave paid leave benefits to eligible employees to be used for, among other purposes, recovery from illness and care for family members; and WHEREAS, the City of Moses Lake desires to provide policies and procedures for implementing leave authorized by the FFCRA. NOW THEREFORE, be it resolved by the City Council of the City of Moses Lake, Washington, as follows: Section 1. Adoption of Emergency Paid Sick Leave. All City employees shall be eligible for Emergency Paid Sick Leave, subject to the terms and conditions set forth in this Resolution. 1.1 Full-Time Employees: All regular full-time employers (regularly scheduled to work forty (40) hours or more per week) are eligible for up to eighty (80) hours of Emergency Paid Sick Leave. 1.2 Part-Time Employees: all regular part-time employees (regularly scheduled to work less than forty (40) hours per week) are eligible for up to forty (40) hours of Emergency Paid Sick Leave or the equivalent of two weeks of leave based upon the employee’s regular part-time work schedule. 1.3 Eligible Uses of Emergency Paid Sick Leave: an employee is authorized to use Emergency Paid Sick Leave for the following reasons. 1.3.1 The employee has tested positive for COVID-19 or is experiencing any of the common symptoms of COVID-19, including fever, cough, or shortness of breath (“Common Symptoms”). Moses Lake Council Packet 4-14-20, Page 51 of 243 1.3.2 The employee resides with a person who has tested positive for COVID-19 or is exhibiting any of the Common Symptoms. 1.3.3 The Employee is subject to a federal, state, or local COVID-19 quarantine or isolation order. 1.3.4 The Employee has been advised by a health care provider to self-quarantine due to COVID-19. 1.3.5 The Employee is caring for an individual who is subject to a federal, state, or local COVID-19 quarantine or isolation order. 1.3.6 Employee is caring for an individual who has been advised by a health care provider to self-quarantine due to COVID-19. 1.3.7 Employee is caring for employee’s minor child due to closure of the child’s school or unavailability of the child’s childcare provider due to COVID-19. 1.4 Emergency Paid Sick Leave Pay. Emergency Paid Sick Leave Pay is paid at the employee’s regular pay rate subject to a per day maximum of $511 and a total aggregate of $5,110 per employee for leave taken under subsections 1.3.1, 1.3.2, 1.3.3 or 1.3.4. Emergency Paid Sick Leave Pay is paid at two-thirds of the employee’s regular pay rate subject to a per day maximum of $200 and a total aggregate of $2,000 per employee for leave taken under subsections 1.3.5, 1.3.6, or 1.3.7. 1.5 Procedures for Emergency Paid Sick Leave. 1.5.1 An employee that experiences any Common Symptoms while at work for the City must immediately inform their supervisor and leave the City. In such case, the employee shall receive paid sick leave as set forth in Section 1.4.2. An employee that experiences the Common Symptoms prior to reporting to work at the City, or who resides with a person that exhibits the Common Symptoms shall not report to work and shall call their supervisor as soon as possible. 1.5.2 An employee that reports experiencing Common Symptoms or tests positive for COVID-19, or who resides with a person who exhibits the Common Symptoms or tests positive for COVID-19, will be required to remain at home or under prescribed care until seventy-two (72) hours after the Common Symptoms resolve and at least seven (7) days after Common Symptoms first appeared (and subject to additional requirements imposed by the CDC or state or local health departments), or, if under medical care, until medically cleared to return to work at the City. For regular full-time employees who are absent from work due to conditions as set forth in this section, the first eighty (80) hours of leave shall be counted as and charged to Emergency Paid Sick Leave. For regular part-time employees who are absent from work due to conditions as set forth in this section, Moses Lake Council Packet 4-14-20, Page 52 of 243 the first forty (40) hours (or other amount of time allowed to reach two weeks of time off based upon the employee’s work schedule) of leave shall be counted as and charged to Emergency Paid Sick Leave. Any absence in excess of what is covered by Emergency Paid Sick Leave will be charged to paid sick leave or other available paid leave (if any) as set forth in City Personnel Policies. 1.5.3 There shall be no cash out value associated with Emergency Paid Sick Leave if an employee leaves or otherwise separates from employment with the City during the period of availability as set forth in this Resolution. 1.5.4 In the event the need for use of Emergency Paid Sick Leave is foreseeable (i.e. due to closure of school or daycare) the employee must provide reasonable advance notice to their supervisor of the need to take Emergency Paid Sick Leave. If the need is not foreseeable, the employee must notify their supervisor as soon as possible after the need for leave is known. 1.5.5 Emergency Paid Sick Leave benefits set forth in this Resolution shall be available until December 31, 2020, unless extended by the City Council. Any unused Emergency Paid Sick Leave shall be forfeited and will not be paid upon termination or separation of employment or converted to any other leave benefit. Emergency Paid Sick Leave is not eligible for donation to other City employees. 1.5.6 The Emergency Paid Sick Leave authorized pursuant to this Resolution is intended to meet the requirements set forth in the FFCRA, and is not to be provided as a further or additional benefit. The availability of Emergency Paid Sick Leave is limited to preventing or containing the spread of COVID-19, and does not cover absences for any other reason. 1.5.7 The City may require an employee who uses Emergency Paid Sick Leave to provide certification that the Emergency Paid Sick Leave was used for a proper purpose as set forth in this Resolution. Any absence that is improperly charged to Emergency Paid Sick Leave will be charged to the employee’s paid sick leave or other available paid leave (if any), or, if no other paid leave is available, as unpaid leave. Section 2. Adoption of Expanded Federal Family Medical Leave Act (FMLA) Protections. City employees shall be eligible for protected leave for COVID-19 related childcare reasons under the expansion of the Federal FMLA (“Expanded FMLA Childcare Leave”), subject to the terms and conditions set forth in this Resolution. 2.1 Eligible Employees: All employees who have been employed for at least thirty (30) days are eligible to received Expanded FMLA Childcare Leave. 2.2 Eligible Uses of Expanded FMLA Childcare Leave: an eligible employee is entitled to take up to twelve (12) weeks of protected leave if the employee is unable to work (or telework if available) based on a need to care for a child under age eighteen (18) due to Moses Lake Council Packet 4-14-20, Page 53 of 243 closure of the child’s school or unavailability of the child’s childcare provider due to a public health emergency. A public health emergency means an emergency with respect to COVID-19 declared by a federal, state, or local authority. 2.3 Procedures for Expanded FMLA Childcare Leave. 2.3.1 The first ten (10) days of Expanded FMLA Childcare Leave are unpaid but employees are allowed to use accrued paid leave or Emergency Paid Sick Leave at the employee’s election. 2.3.2 For Expanded FMLA Childcare Leave beyond the first ten (10) days, employees must first use accrued sick paid leave, then vacation or other accrued paid leave which would apply to the purpose for Expanded FMLA Childcare Leave, which shall run concurrently with the Expanded FMLA Childcare Leave. Accrued paid leave shall be used according to applicable policies and procedures or as specified in the collective bargaining agreement. If the employee does not have accrued paid leave or exhausts accrued paid leave, the remainder of the Expanded FMLA Childcare Leave shall be paid at two-thirds of employee’s regular pay, not to exceed $200 per day and $10,000 total per employee. Pay is calculated based on the number of hours the employees would otherwise be scheduled to work. However, there shall be no cash out value associated with Expanded FMLA Childcare Leave if an employee leaves or otherwise separates from employment with the City during the period of availability as set forth in this Resolution. 2.3.3 Employees must submit a request for Expanded FMLA Childcare Leave in advance where the need for use of Expanded FMLA Childcare Leave is foreseeable or as soon as possible after the need for leave is known in compliance with existing District notification requirements. The employee shall additionally provide the District with the following information: (1) The name of the child being cared for; (2) The name of the school, place of care, or child care provider that has closed or become unavailable; and (3) A representation that no other suitable person will be caring for the child during the period for which the Employee takes Expanded FMLA Childcare Leave. 2.3.4 Expanded FMLA Childcare Leave benefits set forth in this Resolution shall be available until December 31, 2020, unless extended by the City Council. Any unused Expanded FMLA Childcare Leave shall be forfeited and will not be paid upon termination or separation of employment or converted to any other leave benefit. Expanded FMLA Childcare Leave is not eligible for donation to other City employees. Moses Lake Council Packet 4-14-20, Page 54 of 243 2.3.5 The Expanded FMLA Childcare Leave authorized pursuant to this Resolution is intended to meet the requirements set forth in the FFCRA, and is not to be provided as a further or additional benefit. The availability of Expanded FMLA Childcare Leave is limited to preventing or containing the spread of COVID-19, and does not cover absences for any other reason. 2.3.6 Intermittent use of Expanded FMLA Childcare Leave requires the approval of the City Manager. Section 3. Use of Existing, Accrued, Paid Sick Leave. Employees may use accrued paid sick leave for a leave of absence during the COVID-19 emergency if the employee meets the criteria for persons at a higher risk for severe illness with COVID-19: 3.1 Employee is 60 years old or older; 3.2 Employee has an underlying health conditions (diabetes, heart disease, lung disease); or 3.3 Employee is otherwise immunocompromised. Use of sick leave for this purpose shall be subject to City policies regarding the use of sick leave. Section 4. If any section, sentence, clause or phrase of this Resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or the constitutionality of any other section, sentence, clause or phrase of this Resolution. Section 5. Effective Date. This Resolution shall be effective April 1, 2020. Section 6. Expiration Date. This Resolution and all leave provided herein shall expire on December 31, 2020. PASSED by the City Council of the City of Moses Lake on this 14th day of April, 2020. ___________________________________ David Curnel, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-14-20, Page 55 of 243 Families First Coronavirus Response Act (FFCRA) H.R. 6201 ~ Updated 04/07/2020~ The FFCRA goes into effect on April 1, 2020 and sunsets on December 31, 2020, unless extended by Congress. If an employee is already out on leave on April 1, 2020, FFCRA leave would not apply until the employee’s current leave is concluded. PUBLIC HEALTH EMERGENCY LEAVE (PHEL) (FMLA Expansion Provision) ONLY Qualifying Reason: Employee is unable to work (or telework) based on a need to care for the employee’s child under 18 due to a closure of the child’s school or unavailability of the child’s childcare provider due to a public health emergency with respect to COVID-19 declared by a federal, state, or local authority. Eligibility: Employed for at least 30 calendar days prior to the date of the request for PHEL (no requirement to work 1,250 hours in the last 12 months). This applies to all full-time, part-time, and temporary employees, including employees on leave. Length: 12 weeks during the period of April 1, 2020 – December 31, 2020 (regardless of full-time or part-time status.) Under the DOL temporary regulations, PHEL is part of the annual FMLA entitlement, so 12 weeks TOTAL for both standard FMLA and PHEL combined (e.g. if employee has already used 6 weeks of standard FMLA during the 12-month lookback period, they are only eligible for 6 weeks of PHEL.) • First 10 days (2 weeks) are unpaid unless the employee chooses to use accrued paid leave. NOTE: Employee would also be eligible for Emergency Paid Sick Leave, which would cover this first 10 days on unpaid leave paid at 2/3 of employee’s regular rate of pay, capped at $200 per day or $2,000 in total aggregate. • For the remaining 10 weeks of PHEL, employees must first use accrued sick paid leave, then vacation or other accrued paid leave, which shall run concurrently with the PHEL. Accrued paid leave shall be used according to applicable policies and procedures or as specified in the collective bargaining agreement. If the employee does not have accrued paid leave or exhausts accrued paid leave, the remainder of the PHEL shall be paid at 2/3 of employee’s regular rate of pay, not to exceed $200 per day and $10,000 in total aggregate per employee. Moses Lake Council Packet 4-14-20, Page 56 of 243 • Employer must continue paying its portion of health insurance premiums during PHEL (just like FMLA) • Any leave not used by the employee by 12/31/2020 is forfeited by the employee. • PHEL cannot be taken by a family member other than a parent of the child or for a child who is 18 or older. • DOL has clarified that PHEL can be taken intermittently if the employer approves it. There is no limitation in the event that two parents work for the same employer. PHEL cannot be taken for an employee who is ill and unable to care for their child. • It is employee’s choice to take PHEL or not. EMERGENCY PAID SICK LEAVE (EPSL) Qualifying Reasons: The employee is unable to work or telework for any of the following reasons: 1) “The employee is subject to a Federal, State or local quarantine order related to COVID-19.” (The Dept of Labor just issued a temporary order: “For purposes of Emergency Paid Sick Leave, a quarantine or isolation order includes quarantine, isolation, containment, shelter-in-place, or stay-at-home orders issued by any Federal, State, or local government authority that cause the Employee to be unable to work even though his or her Employer has work that the Employee could perform but for the order. This also includes when a Federal, State, or local government authority has advised categories of citizens (e.g., of certain age ranges or of certain medical conditions) to shelter in place, stay at home, isolate, or quarantine, causing those categories of Employees to be unable to work even though their Employers have work for them.” Per Summit Law, please note that eligibility requires that the employee be unable to work due to the Governor’s Order. If the Governor’s Order does not require the employee to stop working because the employee is teleworking or because the employee is performing essential services as defined by the Order, then the employee likely cannot use Emergency Paid Sick Leave based solely on the Governor’s Order. 2) “The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.” 3) “The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.” (Due to the length of time it is taking for people to get in to see doctors right now, the employee does not have to have been seen by a doctor yet, but they must have called the doctor to schedule the appointment for the medical diagnosis.) _____________________________________________________________________ 4) “The employee is caring for an individual” covered by 1 or 2 above. (“Individual” is not limited to family members; can be a friend or neighbor.) Moses Lake Council Packet 4-14-20, Page 57 of 243 5) “The employee is caring for their son or daughter if the school or place of care…has been closed, or the childcare provider…is unavailable due to COVID-19 precautions.” (Child is under 18 or older but incapable of self-care because of a mental/physical disability.) (Definition of “child” from FMLA includes biological, adopted, foster, stepchild, legal ward, in loco parentis.) NOTE: Employee would also be eligible for PHEL, so this paid sick leave will cover the first 10 days on unpaid PHEL. 6) “The employee is experiencing any other substantially similar condition specified” by Federal authorities. Eligibility: No requirements. Must be made available to all employees immediately upon hire, including temporary and part-time employees. (Summit Law said applies to all employees subject to minimum wage or more per hour.) Length: 10 days Full-time employees: 80 hours Part-time employees: the average hours worked over a two-week period. Part-time employees with varying hours: 2 week average based on the prior 6 months. Calculation of Paid Sick Time: • For categories 1, 2 or 3 above (essentially the employee’s own COVID-related condition): The employee’s regular rate of pay, capped at $511 per day or $5,110 in total aggregate. • For categories 4, 5 or 6 above (essentially caring for another and “substantially similar conditions”): 2/3 of the employee’s regular rate of pay, capped at $200 per day or $2,000 in total aggregate. The employer can choose to pay more than the required 2/3 and/or allow employee to use accrued or other leaves (sick, vacation, shared leave, or paid admin leave). • (As currently written, the law does not make exceptions for employees like firefighters who typically have a work week of 50 or more hours. This may be clarified or amended in the coming days or weeks.) • After the first day of use, the employer may require the employee to follow normal sick leave notice procedures (e.g. telling supervisor each day before shift.) • The use of paid sick time terminates upon the termination of the need for the paid sick time. Paid sick time does not carry over from one year to another, and the employee is not entitled to any financial or reimbursement upon termination or separation of employment for any “paid sick time under the Act that has not been used by such employee”. • Employer cannot require employee to use their accrued leave prior to going on EPSL. • A grandparent cannot take EPSL to care for a child whose school is closed. Moses Lake Council Packet 4-14-20, Page 58 of 243 • An employee who wants to stay at home because they are afraid of contracting COVID- 19 cannot use EPSL. Note that an employee who falls within one of the identified categories [60 years or older, underlying health conditions (diabetes, heart disease, lung disease), or is otherwise immunocompromised] of citizens advised by the Grant County Health District to shelter in place would qualify for EPSL. • The employer should pay health benefits the same as they would under regular sick leave. • EPSL cannot be taken intermittently, as the entitlement ceases on the next work shift following termination of the need for EPSL. However, if the employee subsequently needs additional time for a covered reason, they may use any remaining time. DOL has provided additional guidance to this: if an employee is either (1) teleworking or (2) is not teleworking but is absent to care for their child whose school or place of care is closed because of COVID-19, then the employee may take Emergency Paid Sick Leave (EPSL) intermittently as long as the employer agrees to it. If an employee is not teleworking and taking EPSL for any other qualifying reason, the employee is prohibited from intermittent use, including less than full-day increments. Such an employee is required to continue using EPSL every day until the employee exhausts their EPSL or the employee no longer has a qualifying reason for taking EPSL. The DOL explains, “The intent of FFCRA is to provide such paid sick leave as is necessary to keep you from spreading the virus to others.” If an employee has EPSL remaining after their qualifying reason has ceased, they may use any remaining EPSL later if another qualifying reason occurs. • The DOL states that for EPSL, employees must be required to provide appropriate documentation including name, qualifying reason, a statement that they are unable to work (or telework) for the qualifying reason, dates of requested leave, the source of any quarantine or isolation order (if applicable), and the name of the health care provider recommending self-quarantine (if applicable). For PHEL requests, an employer must require the employee to provide appropriate documentation such as a notice posted on a school website or email from a child care provider indicating closure. • It is an employee’s choice to use EPSL or not. • Normal accruals continue while an employee is on both PHEL and EPSL. Other forms of leave employees may take: • WA state sick leave (RCW 49.46.210) • Employer provided sick leave (vacation, sick leave, emergency closure leave) • Shared leave programs (IRS allows “Major Disaster Leave-Sharing Plans” without taxing the donor.) • Paid administrative leave (Federal government ruled this is NOT gifting of public funds by public employer, due to the current pandemic situation.) • “Frontloading” paid leave • Family Care Act RCW 12.265: right to use any form of accrued paid leave to care for child with a health condition or family member with a serious health condition Moses Lake Council Packet 4-14-20, Page 59 of 243 • FMLA for serious health condition of employee or family member (COVID-19 in mild form is not necessarily a serious health condition.) State Benefit Programs: • Paid Family and Medical Leave (PFML) o Serious health condition of employee or family member o 7 days waiting period o 12 weeks of state-paid benefits o Supplementation? • Unemployment Insurance o Consult ESD chart for emergency rules o Benefits for workers who are mildly ill with COVID-19; some quarantined workers; workplace closure by reduction in hours. o “Standby” benefits for up to 12 weeks • Worker’s Compensation o On-the job illness or injury o Health care workers and first responders under quarantine Interplay of PHEL and Emergency Paid Sick Leave with Other Leave • PHEL o Employer could permit supplementation with other forms of paid leaving including Emergency Paid Sick Leave so employee receives 100% wages o State benefit programs generally not available while receiving PHEL • Emergency Paid Sick Leave o If employee is receiving 2/3 wages, employer could permit supplementation with other forms of paid leave o State benefit programs generally not available o Regular FMLA could be designated if the employee or family member has a serious health condition. • PFML (Paid Family Medical Leave) state benefit o Depends on employer policy regarding supplementation – if supplementation is allowed an employee could receive PFML benefits and any other form of paid leave at the same time including PHEL or Emergency Paid Sick Leave. o Not eligible for other state benefit programs while receiving PFML o Regular FMLA could be designated Moses Lake Council Packet 4-14-20, Page 60 of 243 STAFF REPORT To: Allison Williams, City Manager From: Debbie Burke, City Clerk Date: April 6, 2020 Proceeding Type: Consent Agenda Subject: Digital and Electronic Signatures Resolution Legislative History: •First Presentation: April 14, 2020 •Second Presentation: •Action: Motion Staff Report Summary The use of digital and electronic signatures, where appropriate and permitted by law, will lessen administrative demands, improve efficiency, and provide for predictable processes throughout the City. Examples of improved efficiency and potential benefits include: •Digital and electronic signatures facilitate a more streamlined process and reduce the need to print, sign and then scan documents. •Provides for real-time monitoring, tracking and auditing. •Reduced storage costs and environmental benefits. Background In 1997, the State of Washington enacted the Electronic Authentication Act, Chapter 19.34 RCW (the Act). The Act provides that electronic signatures may be used for official public business to provide reasonable assurance of the integrity, authenticity, and nonrepudiation of an electronic communication.” In addition to the Act, a separate Washington State law, Chapter 19.360 RCW, authorizes state agencies like the City of Moses Lake to utilize electronic signatures in the conduct of governmental affairs and other transactions. RCW 19.360.020(5) requires that the method, process, and use of electronic signatures by a local government must be established by ordinance, resolution, policy, or rule. Digital and electronic signatures are a convenient, time-saving, and secure way of signing electronic documents. Use of digital and electronic signatures for official City business will provide for efficient City operations, leverage the City’s investments in digital technology, and create an accessible, accurate, integrated, and complete record of City business. Authorized use of digital and electronic signatures will support the goal of less paper, permitting and enable beginning-to-end electronic processing of City records. Moses Lake Council Packet 4-14-20, Page 61 of 243 A digital signature is one type of electronic signature that automatically provides reasonable assurances of the integrity and authenticity of the “signed” document through the following protections: • Verification that the signer is who they represent themselves to be; • Confirmation that the signature was applied to the document and not copied from another document; and • Certification the document was not altered after it was signed. Washington law does not require any specific method of signer authentication for electronic signatures that are not digital signatures. However, various identification and authentication processes are available for any given electronic transaction that would support the reliability and enforceability of an electronic signature. The nature of the underlying relationship in the transaction is always a material consideration when evaluating the required identification and authentication process for an electronic signature. The proposed Resolution authorizes the use of digital and electronic signatures in the City consistent with State law. The draft Resolution provides the method and process that must be employed for a City of Moses Lake employee to sign City documents digitally if such an option is available. The draft Resolution also provides that the City Manager, or their designee, may approve use of an electronic signature for official public business if the process employed for the electronic signature ensures the security, authentication, record integrity, and non- repudiation of the electronic communication. Fiscal and Policy Implications N-A Options Option Results • Adopt the Resolution Staff will implement electronic and digital signatures when possible and feasible • Take no action. The use of digital and electronic signatures will not be authorized Staff Recommendation Staff recommends Council adopt the Resolution as presented. Attachment A. Resolution 3800 Legal Review Legal Counsel reviewed Resolution 3800 authorizing the use of digital and electronic signatures on April 6, 2020. Moses Lake Council Packet 4-14-20, Page 62 of 243 RESOLUTION NO. 3800 A RESOLUTION AUTHORIZING THE USE OF DIGITAL AND ELECTRONIC SIGNATURES IN THE CITY OF MOSES LAKE Recitals: 1.The terms "digital signature" and "electronic signature" are defined in the WashingtonElectronic Authentication Act, Chapter 19.34 RCW. 2. An electronic signature is an electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record. 3.A digital signature is one type of electronic signature that contains a digital certificate, issuedby a licensed certificate authority, behind the signature and offers authentication when sending a "signed" electronic document. 4. RCW 19.34.010(4), states that electronic signatures may be used for "official public businessto provide reasonable assurance of the integrity, authenticity, and nonrepudiation of anelectronic communication.” 5. In addition to the Electronic Authentication Act, Chapter 19.360 RCW, authorizes stateagencies to utilize electronic signatures in the conduct of governmental affairs and othertransactions. 6. RCW 19.360.010 specifically provides that "the legislature, to the extent not already authorized by federal or state law, authorizes electronic dealings for governmental affairs"and "intends to promote electronic transactions and remove barriers that might preventelectronic transactions with governmental entities.” 7.A digital signature under Washington Electronic Authentication Act is as legal, valid,effective, and enforceable as a written signature if the digital signature meets the requirements of RCW 19 .34.320; and WHEREAS, a valid digital signature that complieswith the provisions of the Washington Electronic Authentication Act and is issued by acertificate authority provides the following protections: (a) Verifies the signer is who they represent themselves to be because the signer has had to prove their identity to a certificate authority to obtain the digital signature; (b) Confirms the signature was applied to the document and not copied from anotherdocument because the signature file is cryptographically bound to the document; and (c) Ensures the document was not altered after it was signed. 8. Pursuant to RCW 19.34.330, a digitally-signed document is an original of the document. Moses Lake Council Packet 4-14-20, Page 63 of 243 9. The private key used to create a digital signature pursuant to RCW 19.34.240 is the personal property of the subscriber and is exempt from public inspection and copying under Chapter 42.56 RCW. 10. Pursuant to RCW 19.360.020(5), "[t]he method and process for electronic submissions and the use of electronic signatures must be established by ordinance, resolution, policy, or rule.” 11. Digital and electronic signatures provide a convenient, timesaving, and secure way of signing electronic documents. 12. The use of digital and electronic signatures for City documents and to conduct City business, where appropriate and permitted by law, will lessen administrative demands, improve efficiency, increase access to public information for all Moses Lake citizens, leverage the City's investments in digital technology, and provide for predictable processes throughout the City. Resolved: 1. Pursuant to the Washington Electronic Authentication Act, Chapter19.34 RCW, and statutory provisions regarding Electronic Signatures and Records, RCW 19.360.020(5), City of Moses Lake employees who are designated by the City Council, the City Manager, or a Department Director to sign City documents may sign City documents digitally if such an option is available, provided the following: (a) The City employee is authorized by the City Council, the City Manager, or a Department Director to sign the document; (b) The digital certificate utilized by the City employee in connection with the digital signature is obtained from a certification authority licensed by the Washington Secretary of State; (c) The digital certificate is not expired when the authorized City employee signs the document digitally; (d) The City employee does not provide information to the certification authority they know to be untrue; (e) The digital signature contains the following information: i. A hand-written representation of the City employee's signature; ii. A typed representation of the City employee's name and title; and (f) The date and time of the signature. 2. In addition to the foregoing, the City Manager, or their designee, may approve use of an electronic signature for official public business conducted by a City of Moses Lake Department if the process employed for the electronic signature provides for security, authentication, record integrity, and non-repudiation of the electronic communication. Moses Lake Council Packet 4-14-20, Page 64 of 243 3. A City document that is required by law to be signed in non-electronic media may not be digitally or electronically signed. 4. An electronically or digitally signed document shall be deemed the equivalent of an original signed document if the individual or entity signing the document has complied with the provisions of this Resolution. ADOPTED by the City Council on April 14, 2020. ________________________________________ David Curnel, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-14-20, Page 65 of 243 STAFF REPORT To: Allison Williams, City Manager From: Kris Robbins, Community Development Director Date: April 8, 2020 Proceeding Type: Consent Agenda Subject: Build on Unplatted Property Nutrien Ag Solutions Resolution 3801 Legislative History: •irst Presentation: April 14, 2020 •Second Presentation: •Requested Action: Motion Staff Report Summary The Community Development Department has received a request from Nutrien Ag Solutions to build on unplatted, parcel number 110069481, 2624 RD N NE. The proponent is requesting a building permit to construct a new 48,000 square foot dry fertilizer building, 5,700 square foot Quonset, and a 12,000 square foot warehouse/office building. Background Nutrien Ag Solutions, previously known as Crop Protection Services (CPS) and a subsidiary of Tri- Rivers Chemical Company, is a worldwide crop fertilizer and Nutritionals Company with a plant located in Moses Lake. The facility’s site is approximately ten acres in size and has been serving the farming community at this location for many years. The company recently identified the need to replace the outdated dry fertilizer storage building and increase the size. In addition, the business offices are currently housed in a double-wide trailer and need upgraded as well. The addition to the site is the Quonset structure. The property has no street frontage and is accessed by a road easement. The property is currently served by City water and on a private septic system. If/when the septic fails, it will be the responsibility of the owner to connect to City services. A building permit cannot be issued on unplatted property in accordance with MLMC 16.02.040 unless Council approves a request. During this process, the Council is to determine whether the proponent is to be required to subdivide the property within one year of the request or if they are not required to. The area is not advantageous to platting as they are limited in the ability to meet the minimum requirements of platting. Moses Lake Council Packet 4-14-20, Page 66 of 243 The legal team from both the proponent and City have been working on an agreement in regards to fire protection. The proponent’s product within their facility is not conducive to water and could be costly to them if the City were to extinguish the structure due to fire. 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. 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 B. Proponent request, aerial map, and site plan. Legal Review – N/A Moses Lake Council Packet 4-14-20, Page 67 of 243 RESOLUTION NO. 3801 A RESOLUTION ALLOWING NUTRIEN AG SOLUTIONS 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. Nutrien Ag Solutions has requested the City Council to allow her to build on unplatted property they own and described as follows: TAX# 13412 THAT PORTION OF THE EAST HALF OF SECTION 20, TOWNSHIP 19 NORTH, RANGE 29 E.W.M., GRANT COUNTY, WASHINGTON, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE NORTH 89°25'50"" WEST ALONG THE NORTH LINE OF SAID SECTION, 1,353.15 FEET; THENCE SOUTH 00°24'11"" WEST, PARALLEL WITH AND 10 FEET DISTANT EAST FROM THE CENTERLINE OF THE EXISTING RAILROAD MAINLINE THAT RUNS NORTH-SOUTH THROUGH SAID SECTION, 2,316.59 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT MARKED BY A 5/8 INCH IRON PIN TAGGED PLS 21651; SAID POINT BEING SOUTH 00°24'11"" WEST, 1.53 FEET FROM THE CENTER LINE OF A UTILITY EASEMENT GRANTED TO THE CITY OF MOSES LAKE UNDER AUDITOR'S FILE NO. 1010717, RECORDS OF GRANT COUNTY; THENCE CONTINUING SOUTH 00°24'11"" WEST PARALLEL WITH SAID RAILROAD MAIN LINE, 1,005.37 FEET TO A 5/8 INCH IRON PIN TAGGED PLS 21651; THENCE SOUTH 89°35'03"" EAST, 172.23 FEET, TO A 5/8 INCH IRON PIN TAGGED PLS 21651; THENCE NORTH 00°24'11"" EAST, 539.68 FEET TO A 5/8 INCH IRON PIN TAGGED PLS 21651; THENCE SOUTH 80°36'37"" EAST, 197.46 FEET TO A 5/8 INCH IRON PIN TAGGED PLS 21651; THENCE NORTH 07°00'41"" EAST, 223.91 FEET TO A 5/8 INCH IRON PIN TAGGED PLS 21651; THENCE NORTH 83°46'47"" EAST, 430.99 FEET TO A 5/8 INCH IRON PIN TAGGED PLS 21651; THENCE NORTH 00°24'11"" EAST PARALLEL WITH THE SAID RAILROAD CENTERLINE, 328.60 FEET TO A 5/8 INCH IRON PIN TAGGED PLS 51651; THENCE NORTH 89°35'03"" WEST, 464.54 FEET TO A 5/8 INCH IRON PIN TAGGED 51651; THENCE SOUTH 33°29'51"" WEST, 124.54 FEET TO A 5/8 INCH IRON PIN TAGGED PLS 21651; SAID POINT BEING 1.53 AUDITOR'S FILE NO. 1010717; THENCE NORTH 89°35'03"" WEST PARALLEL WITH SAID EASEMENT CENTER LINE, 288.61 TO THE TRUE POINT OF BEGINNING. Moses Lake Council Packet 4-14-20, Page 68 of 243 Resolved: 1. Nutrien Ag Solutions be allowed to construct a new 48,000 square foot dry fertilizer building, 5,700 square foot Quonset, and a 12,000 square foot warehouse/office building. 2. Road N is a paved street without curb, gutter, and sidewalks. The site is served with City water, and they have 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 April 14, 2020. ______________________________________ David Curnel, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-14-20, Page 69 of 243 Moses Lake Council Packet 4-14-20, Page 70 of 243 Moses Lake Council Packet 4-14-20, Page 71 of 243 2624 RD N NE Moses Lake Council Packet 4-14-20, Page 72 of 243 STAFF REPORT To: Allison Williams, City Manager From: Kris Robbins, Community Development Director Date: April 8, 2020 Proceeding Type: Consent Agenda Subject: Poth 1 Major Plat Final Plat Legislative History: •First Presentation: April 14, 2020 •Second Presentation: •Requested Action: Motion Staff Report Summary Attached for City Council consideration are the Findings of Fact for the Poth 1 Major Plat, as recommended by the Planning Commission. The Planning Commission considered the Final Plat at its January 30, 2020, regular meeting and recommended approval of the final plat with conditions. See attached. Background The proposed Major Plat is a 9-lot residential subdivision located at the southern terminus of Lakeside Dr. The proposal was originally submitted as a 10-lot subdivision, and since preliminary approval there has been a boundary line adjustment removing one of the proposed lots. The property is being subdivided for the purpose of providing lots for sale and the construction of single-family houses. Fiscal and Policy Implications No impact. Options Option Results •Approve the Poth 1 Final Plat Findings of Fact as recommended by the Planning Commission Poth 1 Final Plat can be finalized in accordance with previous City Council approvals. Approval permits the sale of parcels which can be sold and homes built. •Take no action The Final Plat does not move forward and would contradict prior City Council approvals of the Poth 1 Major Plat. Moses Lake Council Packet 4-14-20, Page 73 of 243 Staff Recommendation Staff recommends approval of the Poth 1 Final Major Plat and Findings of Fact as recommended by the Planning Commission. Attachments - None A. Findings of Fact B. Maps & Aerial Legal Review – N/A Moses Lake Council Packet 4-14-20, Page 74 of 243 Moses Lake Council Packet 4-14-20, Page 75 of 243 Moses Lake Council Packet 4-14-20, Page 76 of 243 Moses Lake Council Packet 4-14-20, Page 77 of 243 Moses Lake Council Packet 4-14-20, Page 78 of 243 Moses Lake Council Packet 4-14-20, Page 79 of 243 Moses Lake Council Packet 4-14-20, Page 80 of 243 Moses Lake Council Packet 4-14-20, Page 81 of 243 Moses Lake Council Packet 4-14-20, Page 82 of 243 Moses Lake Council Packet 4-14-20, Page 83 of 243 Moses Lake Council Packet 4-14-20, Page 84 of 243 Moses Lake Council Packet 4-14-20, Page 85 of 243 Moses Lake Council Packet 4-14-20, Page 86 of 243 Moses Lake Council Packet 4-14-20, Page 87 of 243 Moses Lake Council Packet 4-14-20, Page 88 of 243 Moses Lake Council Packet 4-14-20, Page 89 of 243 Moses Lake Council Packet 4-14-20, Page 90 of 243 Moses Lake Council Packet 4-14-20, Page 91 of 243 Moses Lake Council Packet 4-14-20, Page 92 of 243 STAFF REPORT To: Allison Williams, City Manager From: Brett Bastian, Fire Chief Date: April 7, 2020 Proceeding Type: Consent Agenda Subject: No Extinguishment Agreement with Nutrien Legislative History: •First Presentation: April 14, 2020 •Second presentation: •Action: Motion Staff Report Summary Nutrien is a company doing business within the City Limits that develops and stores fertilizers and performance feed mixes for cattle. Nutrien approached the City with a request to adopt a non- extinguishment stance should the facility suffer a fire. The City Attorney has worked with legal counsel from Nutrien to put together the no-extinguishment agreement. Background Fertilizer and other agricultural chemical fires have known risks associated with contaminated water runoff from firefighting operations. Nutrien has requested that the City adopt a “let it burn” stance to avoid clean-up of contaminated soils and runoff from firefighting operations. This is a relatively common practice for certain industry types who wish to avoid the significant cost of clean-up under Environmental Protection Agency rules. The agreement allows the fire department to make strategic and tactical decisions as to when and how to apply fire extinguishing water / foam in certain instances such as to prevent exposure spread, and when responding to known life safety hazards. Fiscal and Policy Implications It is the policy of the Moses Lake Fire Department to aggressively attack and extinguish all structural fires while utilizing a risk-benefit approach to the operation. This request will require special handling of this occupancy. Fiscal implications seem to be related solely to liability or perceived liability from runoff containment operations. Moses Lake Council Packet 4-14-20, Page 93 of 243 Options Option Results • Authorize the City Manager to execute the agreement Establishes a “let it burn” stance with this particular facility. • Take no action. MLFD will follow established structural fire protocol and attempt extinguishment. Extinguishment has the potential to spread contamination from products stored in the facility. Staff Recommendation Staff recommends the City Council authorize the City Manager to execute the agreement as presented. Attachments A. Nutrien Non-extinguishment Agreement Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Agreement Nutrien Non-Extinguishment 4-6-2020 Moses Lake Council Packet 4-14-20, Page 94 of 243 DO NOT EXTINGUISH AGREEMENT BETWEEN THE MOSES LAKE FIRE DEPARTMENT AND NUTRIEN AG SOLUTIONS, INC. This agreement (“Agreement”) is entered into between the City of Moses Lake and City of Moses Lake Fire Department (collectively “MLFD”) and Nutrien Ag Solutions, Inc., (“Nutrien”), a Delaware corporation doing business in the State of Washington. Recitals: 1. Nutrien operates a facility, including office, warehouse, and storage buildings, in the City of Moses Lake, which is located at 2624 Road N Northeast, Moses Lake, Washington (the “Premises”), and is in the process of building a dry fertilizer storage building (the “Structure”) on such Premises. 2. Because of the potential damage to Nutrien’s product stored inside the Structure caused by moisture, Nutrien has implemented a “Do Not Extinguish” amendment to its Emergency Action Plan and has requested that the MLFD not extinguish any fire event at the Structure unless necessary for protection of human safety. 3. MLFD is agreeable to Nutrien’s request subject to and in consideration of the conditions set forth in this Agreement. Agreement: 1. In the event of a fire at the Structure, MLFD agrees not to attempt to extinguish with water and will permit the building to burn down as requested by Nutrien; provided, however, that in the event MLFD determines in its sole discretion that a life/safety risk is present to persons or other property, MLFD shall respond as appropriate and without regard to Nutrien’s “Do Not Extinguish” request. A copy of Nutrien’s “Do Not Extinguish” request is attached hereto as Exhibit A and is incorporated fully herein. 2. In consideration of MLFD’s agreement to respond pursuant to Nutrien’s “Do Not Extinguish” request, Nutrien agrees as follows: A. Assumption of Risk. Nutrien acknowledges that there is danger and risk to persons and property involved with its “Do Not Extinguish” request, including bodily injury, death, or property damage, which may arise out of or result from its “Do Not Extinguish” request and MLFD’s response thereto, and assumes full responsibility for any risk of bodily injury, death, or property damage, including the contents of any building or structure, arising from its “Do Not Extinguish” request and MLFD’s response thereto in accordance with Section 1 of this Agreement. Moses Lake Council Packet 4-14-20, Page 95 of 243 B. Release and Waiver. In consideration of MLFD’s agreement to honor Nutrien’s “Do Not Extinguish” request, Nutrien agrees that it, its assignees, successors, legal representatives, and officers, will not make a claim against, sue, or attach property of MLFD, its employees, directors, agents, officials, volunteers, contractors, or legal representatives (“Released Parties”), and hereby releases the Released Parties from all actions, claims, or demands that Nutrien or Nutrien’s representatives may have as a result of or in connection with its “Do Not Extinguish” request and MLFD’s response thereto in accordance with Section 1 of this Agreement. C. Hold Harmless and Indemnification. Nutrien agrees to indemnify, defend, save and hold harmless MLFD and the Released Parties from any and all losses, claims, actions or proceedings of every kind and character, including reasonable attorney’s fees and expenses (“Losses”), which may be presented or initiated by any persons and/or organizations and which arise directly or indirectly from Nutrien’s “Do Not Extinguish” request, MLFD’s response thereto in accordance with Section 1 of this Agreement, and the performance of this Agreement, except to the extent such Losses are caused by the sole negligence and/or more culpable acts or omissions, either active or passive, of any of the Released Parties and MLFD. It is further specifically and expressly understood that the indemnification provided herein constitutes Nutrien's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. D. Nutrien agrees and understands that this Agreement shall be broadly construed in favor of any and all of the Released Parties and MLFD and against Nutrien and that any and all ambiguities shall be resolved in favor of any and all of the Released Parties and MLFD. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, and any lawsuit arising out of the terms of this Agreement shall be filed in the Grant County Superior Court. The prevailing party in any dispute or in any collection action shall be entitled to costs of arbitration, costs of court, and reasonable attorney's fees and disbursements. F. Nutrien shall provide MLFD with current emergency contact information and a priority of contacts in the event of a fire event or other emergency at the Premises or Structure. This will help facilitate MLFD’s ability to evaluate the degree of life/safety risk presented in the event of a fire or other emergency response at the Premises or Structure. G. Nutrien shall conspicuously post the Structure with “Do Not Extinguish with Water” signage as is appropriate for its request. H. Nutrien shall provide MLFD with current information as requested by the MLFD regarding the location, number, and operating hours of employees and personnel on the Premises and Structure. DATED this ____ day of March, 2020 Moses Lake Council Packet 4-14-20, Page 96 of 243 Moses Lake Council Packet 4-14-20, Page 97 of 243 3005 Rocky Mountain Avenue Loveland, Colorado 80538 970-685-3747 February 26, 2020 Derek Beach Fire Marshal City of Moses Lake Fire Department 710 E 3rd Avenue Moses Lake, WA 98837 Re: Dry Fertilizer building replacement structure Nutrien Ag Solutions, Inc. 2624 Road “N” NE Moses lake, WA Nutrien Ag Solutions has implemented a “Do Not Extinguish” amendment to their existing Emergency Action Plan. This policy amendment will adhere to the building that will be constructed at the north side of the facility at 2624 Road “N” NE, Moses lake, WA. Extinguishment will be applied under the circumstance of human safety and per the Emergency Action Plan provisions only if the responding fire department deems extinguishment necessary. It is requested by Nutrien Ag Solutions, the following building in case of a fire to proceed with a Burn Down Policy and let burn. Dry Fertilizer Storage Facility Building is located at the western end of property adjacent to rail spur. Nutrien Ag Solutions, Paul F Johnson Director of Construction Moses Lake Council Packet 4-14-20, Page 98 of 243 STAFF REPORT To: Allison Williams, City Manager From: Brett Bastian, Fire Chief Fred Snoderly, Municipal Services Director Date: March 24, 2020 Proceeding Type: Consent Agenda Subject: Fire Apparatus Contract Amendments Legislative History: •First Presentation: April 14, 2020 •Second Presentation: •Action: Motion Staff Report Summary During the week of February 17, Chief Bastian went to the Rosenbauer plant in White Bear Lake Minnesota for the purpose of fine tuning the new construction builds for the Aerial Ladder Truck and Engine. As a result of this construction conference, we discovered several areas of the specification that needed to be modified to ensure these apparatus meet not only current needs of the city, but for the future needs as well out to the expected life span of these units at 25 years. Background The City’s existing ladder truck will be 29 years old, and Engine 1 (vehicle 231) will be 25 years old by the time we take delivery of these two trucks. We will experience significant deficiency points assigned by Washington Survey and Rating Bureau if these units are not replaced. At the budget retreat in October 2019, Chief Bastian made a presentation to the Council with an estimated cost for the two trucks at $2,036,000 minus the National Fire Protection Association, (NFPA), required equipment loads. The NFPA equipment loads are approximately $95,000 for the engine and $85,000 for the ladder. The contract amount approved by Council to purchase these two trucks was a total of 1,939,749. The revised contract amount after all additions and deletions to the specification has increased the total contract amount to: $2,051,194. However, Rosenbauer has agreed to provide the NFPA equipment packages as an included cost for the revised contract amount. The total cost to the City at the original contract amount plus buying the equipment packages separately would have been $2,119,749. At the revised contract amount with the equipment packages we are $68,555 below the original cost of the contract amount for the trucks plus the equipment packages. Moses Lake Council Packet 4-14-20, Page 99 of 243 We are still getting a substantial discount by purchasing under 2019 pricing. If we were to wait another year to purchase these same units, the estimated cost will be: $2,143,497. We will save $20,015 on the aerial and $10,502 on the engine by prepaying the chassis when they are complete. This will bring the total cost of the builds down to $2,020,677 and we have the equipment packages valued at $180,000 rolled into that figure. Fiscal and Policy Implications While there is a net increase in the contract amount, there is actually a net reduction in cost from the originally approved amount when the equipment packages are taken into account. The equipment package costs would have been added to the small equipment and capital expenditures for the 2021 040 (Fire) budget. Approved contract plus equipment package cost: $2,119,749. Revised contract with the included equipment packages: $2,051,194. Total savings by paying for chassis upon completion: $30,517. Total revised contract with chassis payment upon completion: $2,020,677. This amount is $99,072 below the approved contract plus equipment package cost. Options Option Results • Leave original contract price in place We will still receive the trucks with the original specification, however, they will not be as capable for our current and future needs as they are with the revisions made. The equipment packages are not inclusive in this amount. • Approve the revised contract amount The changes incorporated in the revised contract take into account significant changes in the specification that will allow these trucks to meet their expected 25 year life span, while providing the necessary response capability to the City. Ultimately helping to stabilize and / or improve our WSRB rating. Equipment packages are inclusive. Staff Recommendation Staff recommends moving forward with the purchase of these vehicles with the changes made to the specification. These trucks are needed, as the vehicles they are replacing are worn out. Each year we wait to purchase these trucks will add costs of approximately 4.5% per year. Rosenbauer has provided us with an excellent package that includes small equipment, hose, ladders, nozzles, and other basic equipment load outs for both trucks. Attachments A. Revision specification sheet--Pumper B. Revision specification sheet--Aerial Legal Review n –a Moses Lake Council Packet 4-14-20, Page 100 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 6-Mar-20 Truck #14997ResponsiblePart No.Action Description Customer Cost OAH:None $0.00 OAL:None $0.0003-00-0143 DELETE Additional Crossmembers RSD bodies ($372.00) 03-05-0614 ADD Driver EMS Compt 40" Interior Height $1,306.00 03-05-0642 ADD Driver EMS Driver Exterior Access - Hinged Door $293.00 03-05-0650 ADD Driver EMS Black Door Handle - EMS Compt $72.00 03-05-0652 ADD Driver EMS Manual Locks - EMS Compartment $0.00 03-05-070B ADD Driver EMS Interior Driver EMS Compt Access 18.75" W x 36" H -Sweep Out $136.00 03-05-0728 ADD Driver EMS Interior Access Driver EMS Compt Plexiglass Door - 40" $261.00 03-05-9000 ADD Driver EMS Compartment Shelf $230.00 05-01-1801 ADD Driver EMS Compartment Interior Finish Match Interior Cab Coating $106.00 08-00-0712 ADD Driver Mid EMS Compt Lighting LED Strip 36" $173.00 NOTE No RBM supplied officer ems compartment. RMN will be supplying a fridge and fridge cabinet $0.00 03-05-6220 DELETE Interior Cabinet, Center, Forward Facing, Floor Mtd, With Cargo Webbing ($1,249.00)03-05-9000 DELETE Interior Cabinet Compartment Shelf ($153.00) 05-01-1826 DELETE Interior Cabinet Forward Facing Compartment Interior Finish Match Interior Cab Coating ($132.00)08-00-0719 DELETE Interior Cabinet Cmpt LED Strip Lt, (1) Ea Cmpt (approx 30") ($104.00) 08-00-071A DELETE Interior Cabinet Compartment Light, Mounting Door Jamb ($90.00) 08-00-071L DELETE Interior Cabinet Compartment Light, Door Switch, Ea ($104.00)03-08-0320 DELETE Window 50% Tint Side Middle Driver Fixed 15.5"W x 21.5"H ($123.00) 03-08-0370 DELETE Window 50% Tint Side Middle Officer Fixed 15.5"W x 21.5"H ($123.00) 04-02-1001 CLARIFY Floor Mounted Throttle and Brake Pedals, rolling change to hung pedals $0.0004-04-1161 DELETE Lower Havis Delete Qty(2) Cup Holder, Dual ($90.00) 04-04-1151 DELETE Lower Havis Open Assy Box 6" ($84.00) 04-04-1152 ADD Open Assy Box - 9 Inch $213.0004-04-1146 DELETE Locking Assy Box 6 Inch ($93.00) 04-04-1146S ADD Locking Assy Box 9 Inch $228.00 05-02-0047 DELETE Heater Hose - Silicone $0.00 05-02-0048 ADD Heater Hose - Rubber $0.00 08-02-0100 DELETE Rear Crew Controls Manual - Located Overhead Center $0.00 08-02-0107 ADD Rear Crew Controls Manual - Center Front Dash - Remote Mt 415DS $519.00 03-09-033A DELETE Two (2) Outboard Rear Facing Seats - XL $0.00 03-09-035A DELETE Outboard Rear Facing Seats Qty(2) Seat Crew Rear Facing Outer 911 Seats Inc XL Fixed ABTS ($1,296.00) 03-09-000B DELETE Outboard Rear Facing Seats Qty(2) Dual Retractor Seat Belt - Seats Inc ($212.00) 03-09-0126 DELETE Outboard Rear Facing Seats Qty(2) Seat Back SCBA IMMI Smart Dock ($919.00) Moses lake rev 160627 CHASSIS Changes/Clarifications PCN_Moses lake Pumper 020920crs 1 3/6/2020 Moses Lake Council Packet 4-14-20, Page 101 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 6-Mar-20 Truck #14997ResponsiblePart No.Action Description Customer Cost Moses lake rev 160627 CHASSIS Changes/Clarifications 03-09-038A DELETE Outboard Rear Facing Seats Qty(2) Seat Mounting Rear Facing Outer - XL Seats Inc. ($312.00) 03-09-0906 DELETE Outboard Rear Facing Seats Qty(2) Seat Material Endurance Vinyl $0.00 03-09-0920 DELETE Outboard Rear Facing Seats Qty(2) Seat Logo Rosenbauer $0.00 03-09-041A ADD Two (2) Center Forward Facing Seats - XL $0.00 Dealer 03-09-055A ADD Center forward facing Qty(2) Seat Crew Forward Facing Center 911 XL Seats Inc Fixed Dealer must confirm with customer fixed or flip up base. I Priced fixed CRS $1,944.00 03-09-000A ADD Center forward facing Qty(2)Single Retractor Seat Belt - Seats Inc $0.00 03-09-0126 ADD Center forward facing Qty(2) Seat Back SCBA IMMI Smart Dock $1,378.00 03-09-057A ADD Center forward facing Qty(2) Seat Mounting Forward Facing Center - XL $168.00 03-09-0906 ADD Center forward facing Qty(2) Seat Material Endurance Vinyl $0.00 03-09-0920 ADD Center forward facing Qty(2) Seat Logo Rosenbauer $0.0003-09-3102 ADD Seat Box Three (3) Forward Facing Seats $744.00 03-09-3102 CLARIFY When mounting the seats there is to be a minimum gap between the seats of 9" $0.00 03-09-3212 ADD 3 seat box, Forward Facing Storage Acc Cutout (2) Drvr/Offcr Sides (1) Cntr $0.0003-09-4001 ADD Seat Box Finish - Match Cab Interior Coating $141.00 04-05-2000 DELETE Exterior Grab Handles Aluminum with Stanchions 18" ($167.00) 04-05-200B ADD Exterior Grab Handles with Dual Lighting Amber & Red LED Lighting 18" $645.0008-01-0800 ADD Grab Handle LED Light Actvtn w/ Parking Brake $408.00 04-08-0140 DELETE Front Grille, 3D Stainless Steel ($972.00) 04-08-0022 DELETE Wing Light Bezel - Stainless ($319.00)04-08-0100 ADD Front Grille, 3D Line-X Black Finish $3,045.00 04-08-0026 ADD Wing Light Bezel - Line-X Black $478.00 Dealer 04-08-0052 ADD Department Name Laser Cut Center Grille Bar ML FD, dealer will need to confirm back light name $2,271.00 04-08-0053 ADD Grille Back Lighting - Red $0.00 04-08-0090 DELETE Logo, Rosenbauer, Grille Mount $0.00 04-08-0143 ADD Grille Mounted Roto-Ray Provision $578.00 08-01-0303 DELETE Headlight & Marker Light Activated Rocker Switch Driver Panel $0.00 08-01-0302 ADD Headlight & Marker Light Activated VISTA $0.00 04-08-0151 DELETE Cab Fender Stainless Steel ($419.00) 04-08-0154 ADD Cab Fender Stainless Steel - Black $816.00 05-00-7130 DELETE Ramco-Bus-Drv Dr Mt (CRM-1350PCHR)-Off Dr Mt (CRM-1350PCHR)- H&R,H&R(LWR)CVX ($724.00) 05-00-7158S ADD Ramco-Bus-Drv Dr Mt (BLK-1350PCHR)-Off Cwl Mt (Black 1352-A18PHBLK)- H&R,H&R(LWR)CVX $1,344.00 05-01-5020 CLARIFY Cab Paint Upper / Secondary 9000 black Upper $0.0005-01-5021 CLARIFY Cab Paint Lower / Primary PPG 926415 Red $0.00 PCN_Moses lake Pumper 020920crs 2 3/6/2020 Moses Lake Council Packet 4-14-20, Page 102 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 6-Mar-20 Truck #14997ResponsiblePart No.Action Description Customer Cost Moses lake rev 160627 CHASSIS Changes/Clarifications05-01-5WMG DELETE Cab Paint Exterior Breakline - Paint Break G w/Bandit Wrap ($1,347.00) 05-01-503A ADD Cab Paint Exterior Breakline - Paint Break A $190.00 07-07-0723 DELETE (2) Front Wheels Alcoa Dura-Bright 22.5 x 12.25 Aluminum ($1,012.00) 07-07-0713 ADD (2) Front Alcoa Dura Black Aluminum Wheels 22.5 x 12.25 w/hub and Nut Covers $1,768.00 07-07-0787 DELETE (4) Rear Wheels Alcoa Dura-Bright 22.5 x 8.25 Aluminum ($1,476.00) 07-07-078B ADD (4) Rear Wheels Alcoa DURA-BLACK/DURA-BLACK 22.5 x 8.25 w/outer hubs/lugs covers $2,834.00 07-08-06SF CLARIFY Air Inlet Location Driver's Front Stepwell 218DS $0.00 08-08-06WW DELETE Shoreline Locations Driver's Side Above Wheel Well $0.00 08-08-06CF ADD Auto eject will be 211DS $412.00 08-02-0176 CLARIFY Mounted behind the officer seat $0.00 08-02-0512 CLARIFY Aux Pwr & Gnd Stud 40A Batt Direct, Inside driver side EMS high on the inbord $0.00 08-03-0110 DELETE Qty(1) of 3 Communication Antenna Base Cab Roof - RBM Supplied $141.0008-03-0120 CLARIFY Antenna is to be located behind the officer seat $0.00 03-06-0015 DELETE Steps w/Grip Strut Lwr, Treadplate Middle ($864.00) 03-06-0018 ADD Steps Black Line-X Grip Strut Lwr, Treadplate Middle $1,677.00 $0.00 $0.00 Total Credits - Chassis ($12,756.00) Total Charges - Chassis $24,519.00 Net Changes - Chassis $11,763.00 OAH:None $0.00 OAL:None $0.00 80-43-3008 ADD Siren, F-S, Q2B, Mech, Pedestal Mted Painted black $356.00 80-43-3000 ADD Spkr, F-S Dynamax, Speaker/Cover Finish , Painted black , Ea $143.0056-08-1400 CHANGE Bell Cntrl, Elec Officer V-Mux $142.00 58-71-1820 DELETE Wrn Lts, Whelen, Upper Rr (2) S-LED Rotary L31 P/N L31*F ($264.00) 57-20-8100 DELETE Wrn Lt, Drvr, Whelen, L31 LED Rotator Red Color Lens, Ea ($268.00)57-20-8101 DELETE Wrn Lt, Offcr, Whelen, L31 LED Rotator Red Color Lens, Ea ($268.00) 58-74-5100 DELETE Stanchions, Rr Wrn Lt, Cast Alum ($196.00) BODY Changes/Clarifications PCN_Moses lake Pumper 020920crs 3 3/6/2020 Moses Lake Council Packet 4-14-20, Page 103 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 6-Mar-20 Truck #14997ResponsiblePart No.Action Description Customer Cost Moses lake rev 160627 CHASSIS Changes/Clarifications58-71-1770 ADD Wrn Lts, Whelen, Upper Rr (2) M9 LED $395.00 57-20-1400 ADD Wrn Lt, Drvr, Whelen, M9, Red LED, Color Lens, Ea $251.00 57-20-1401 ADD Wrn Lt, Offcr, Whelen, M9, Red LED, Color Lens, Ea $251.00 58-01-2181 ADD Flange, Black, Wrn Lt, Whln, M9, Ea $70.00 58-46-2100 ADD Wrn Lts, Whelen, Upper Side Front (2) M9 LED $395.00 57-20-1400 ADD Wrn Lt, Drvr, Whelen, M9, Red LED, Color Lens, Ea $251.00 57-20-1401 ADD Wrn Lt, Offcr, Whelen, M9, Red LED, Color Lens, Ea $251.00 58-01-2181 ADD Flange, Black, Wrn Lt, Whln, M9, Ea $70.00 80-43-3012 ADD Air Horns (2) Finish , Flat Black Pnt, Pr $264.00 52-08-1100 ADD Qty(2) HandLt, Litebox 45107, Orange w/ 12V Chrgr $704.00 52-10-3100 DELETE Intercom System, FireCom 5100D Wired single radio ($5,051.00) 52-10-3201 ADD Intercom System, FireCom 5200D Wireless (Dual Radio) $9,494.00 52-15-1500 ADD Radio Spkr, Fire, Install Cstmer Supl'd, Ea $417.0052-15-1700 ADD Radio, Fire, Install Cstmer Supl'd Dual band Radio $1,202.00 53-02-1250 DELETE License Plate Brkt, Cast Prdts, LP0005-1-C w/ LED Lt ($230.00) 53-02-1250 ADD License Plate Brkt, Cast Prdts, LP0005-1-C w/ LED Lt LINE X Black $688.0080-43-3016 ADD Rear Quad Bezel Finish , Flat Black Pnt, Pr $264.00 54-10-1460 DELETE Step Lt, Rr Tailboard, OSS Access, 8" LED ($336.00) 54-10-1460 ADD Step Lt, Rr Tailboard, OSS Access, 8" LED Black Line X $656.0054-12-1920 DELETE Deck Lts, Rr Of Hosebed, on stantions ($457.00) 54-15-6420 DELETE Scene light activation Driver and officer vista for all scene lights ($346.00) 54-15-6470 ADD All of the body and side cab scene lights are to be controlled by driver/ officer and pump panel $1,116.00 58-93-1110S ADD Traffic Arrow Lt, Qty(8) Light heads making arrows Rear face, The traffic arrow will be a custom arrow system. A controller will ne mounted with in the reach of the driver. There will be Qty(8) lights mounted on the rear face, Qty(4) per side. The qty(4) light heads will be layed out in a arrow shap pointing out board. $3,417.00 10-05-4318 DELETE Frnt Bmpr, 4000, Max Force 12"H, T/P Apron, M/F Wings, 18" Extnsn ($1,406.00) 10-05-4324 ADD Frnt Bmpr, 4000, Max Force 12"H, T/P Apron, M/F Wings, 24" Extnsn $2,225.00 80-43-3020 ADD Bumper Apron (flat areas) Finish , Line-X Black, Ea $426.00 80-43-3032 ADD Bumper Lid (raised) Finish , Line-X Black, Ea $609.00 10-06-1110 DELETE Whl Trim, S/S Hub/Lug Cvrs, Front/Rr, Sngl Axle, Now chassis supplied included with the black wheel option ($376.00) 10-13-2402 ADD Cabinet, Refrigerator, Out Board Rr Facing, Officer Side 39" H x 21" W x 22.5"D Exterior Finish, Cabinet, To Match Cab Interior. Interior Finish, Cabinet, Natural Refrigerator/Freezer, 3.1 Cubic Ft, 12-24VDC/120VAC, Norcold DE-0788 $3,803.00 23-13-3200 CLARIFY Dschg, 2-1/2", Right Rr, NST. The discharge is to be located at the front of the hose bed. $0.0024-30-3100 DELETE Hose Reel, HAN, Elec, Mt Abv Pump, Stl Pntd ($5,157.00) PCN_Moses lake Pumper 020920crs 4 3/6/2020 Moses Lake Council Packet 4-14-20, Page 104 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 6-Mar-20 Truck #14997ResponsiblePart No.Action Description Customer Cost Moses lake rev 160627 CHASSIS Changes/Clarifications25-06-3100 CHANGE The foam discharges Front bump Qty(2) 1-3/4 crosslays $0.00 80-43-3308 ADD Top of Body - SA Pmpr/Tnkr - Lvl 3 Finish , Line-X Black, Ea $3,585.00 80-43-3104 ADD Running Board Finish , Line-X Black, Pr $436.00 80-43-3215 ADD The pump mod structure to be line x black $1,644.00 26-35-3210 DELETE Pump Panel, Stnls Stl, LH/RH, SM, EXT ($715.00) 80-43-3120 ADD Crosslay Cover Finish , Line-X Black, Ea $345.00 26-35-5110 ADD The pump panels are to be Line x Black $958.00 80-43-3132 ADD Behind Ladder Rack - Finish , Line-X Black, Ea $1,196.00 26-35-1249 DELETE Lower recessed pump panels ($434.00) 29-20-7800 CHANGE Rr Vinyl Flaps for Alum Cvr Black $0.00 80-43-3401 ADD Fenderette, are to be Line x black $467.00 80-43-3112 ADD Intermediate Step Finish , Line-X Black, Ea $710.00 80-43-3116 ADD Hose Bed Cover Finish , Line-X Black, Pr $1,013.0080-43-3205 ADD Ladder - EZ Climb Finish , Line-X Black, Ea $1,718.00 45-06-2100 ADD L3 Slide Tray, 500#, Alum 3/16" (1/4 Dpth), EXT $894.00 45-30-1125 ADD Turtle Tile, Shelves/Trays, 1/4 Depth, (each) $142.0045-30-2000 DELETE Turtle Tile, Floor, Cmpt, Bhnd Rr Whls (1/4 depth) ($104.00) 45-26-7350 ADD Mobile Storage System, CTech, 3-Drwr, 26"D x 42"W Qty(1)5" Qty(2)12" $2,336.00 CLARIFY R3 Space saver towards the forward wall $0.00 45-15-1200 ADD R3 Divider, Vert, Bolt-In, 3/16" Alum Set to section off the space saver and to allow for the shelves to be adjustabe $293.00 45-05-4100 DELETE Rear face compartment Slide Tray, 250#, Alum 3/16" (1/4 Dpth), EXT ($423.00)45-06-2100 ADD Rear Face compartment Slide Tray, 500#, Alum 3/16" (1/4 Dpth), EXT $894.00 33-70-1330 DELETE Handrails, EZ-Climb Ladder, 48", Pair ($433.00) 33-62-5300 ADD Step, Bltd, Treadplate, Rr Intermediate, 48" $214.0054-10-1312 ADD Black Line X Step Lt, Access Ladder, OSS Access, 8" LED , $140.00 44-10-1600 DELETE Qty(3) Whl Well Cmpt, Sngl SCBA, Poly Tube, S/S Dr, (Fire Shopp) ($869.00) 44-10-6000 ADD Qty(8) Whl Well Compt, SCBA Compt Straps $308.00 44-10-2710 ADD Qty(4) Whl Well Cmpt, Triple SCBA Tube, Pntd S/S Dr Panted job color red $4,930.00 90-16-5430 ADD Qty(1)Pike Pole Mtg, On Hyd Ladder Rack,for a total of 3 $238.00 90-23-1400 ADD Hook, Roof NY, w/ Grips, 8-ft, Fire Hooks Unlmtd Mounted on the ladder rack $332.00 33-66-1140 DELETE Steps, Fldg, Frnt, Left Hand (3), Integral LED Lts ($372.00) 80-43-3004 ADD Qty(3) folding steps coated Black, $647.00 80-43-3110 ADD Rub Rail Finish , Line-X Black, Ea $710.00 60-17-1100 CHANGE Inverter, 2600W, 12V, Vanner Patriot IQC12-2600 Ceiling mounted in L1 $0.00 60-17-1100 CLARIFY The Vaner inverter trans switch is to power 4 place in cab, and Qty(2) pump mod installed outlets. $0.00 CLARIFY The 4 place is to be located with in the Driver side EMS floor mounted $0.0063-01-8500 DELETE Qty(2) Fldlgt, Akron, 240W-120V, Tele, Btm Raise-Side Mnt ELSS-XLAC ($2,896.00) PCN_Moses lake Pumper 020920crs 5 3/6/2020 Moses Lake Council Packet 4-14-20, Page 105 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 6-Mar-20 Truck #14997ResponsiblePart No.Action Description Customer Cost Moses lake rev 160627 CHASSIS Changes/Clarifications64-01-2080 DELETE Light Tower, WB,NS,Chief(4)-90W LED 12V FRC Evol NS2.3-360-4 ($11,120.00) 64-01-2090 ADD Lt Tower, WB, NS Chief (4)-160W LED12V, FRC Evol NS2.3-320-4 $18,788.00 80-71-1600 DELETE Stripe, Triple Reflective, 1" x 6" x 1" Large "Z" Design ($758.00) 80-70-1700 ADD Stripe, Sngl Reflective, 6", Straight Design $568.00 80-75-1100 ADD Reflective Stripe Material, Black $162.00 80-72-1100 ADD Stripe, Reflective 3M, Chevron Pattern Entire Rr Red/Black $1,792.00 80-72-1110 DELETE Stripe, Refl, 3M Diamond Grde, Chevron Pattern Entire Rr, EXT ($1,248.00) 80-72-1000 ADD Front bumper chevron Black only the front bumper with the job color red paint $575.00 ADD 1/4 black pin strpe to the rear chevron seperating ech color change $537.00 90-35-1900 DELETE Emrgncy Road Kit - DOT Required ($99.00) 30-02-1707 ADD Finish, Roll Up Door Drip Rail, Painted, Specs, EXT $404.00 30-02-1706 ADD Painted Corner Posts, Job color Black $1,185.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Credits - Body ($33,826.00) Total Charges - Body $76,021.00 Net Changes - Body $42,195.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 Total Credits - Aerial $0.00 AERIAL Changes/Clarifications (if applicable) PCN_Moses lake Pumper 020920crs 6 3/6/2020 Moses Lake Council Packet 4-14-20, Page 106 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 6-Mar-20 Truck #14997ResponsiblePart No.Action Description Customer Cost Moses lake rev 160627 CHASSIS Changes/Clarifications Total Charges - Aerial $0.00 Net Changes - Aerial $0.00 Original Contract Amount Total Credits ($46,582.00) Total Charges $100,540.00 Net Change $53,958.00 Revised Contract Amount $53,958.00 Summary of Changes/Clarifications PCN_Moses lake Pumper 020920crs 7 3/6/2020 Moses Lake Council Packet 4-14-20, Page 107 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 19-Mar-20 Truck #14997 Responsible Part No.Action Description Customer Cost OAH:None $0.00 OAL:None $0.00 03-00-0143 DELETE Additional Crossmembers RSD bodies ($372.00)03-05-0614 ADD Driver EMS Compt 40" Interior Height $1,306.00 03-05-0642 ADD Driver EMS Driver Exterior Access - Hinged Door $293.00 03-05-0650 ADD Driver EMS Black Door Handle - EMS Compt $72.00 03-05-0652 ADD Driver EMS Manual Locks - EMS Compartment $0.00 03-05-070B ADD Driver EMS Interior Driver EMS Compt Access 18.75" W x 36" H -Sweep Out $136.00 03-05-0728 ADD Driver EMS Interior Access Driver EMS Compt Plexiglass Door - 40" $261.00 03-05-9000 ADD Driver EMS Compartment Shelf $230.00 05-01-1801 ADD Driver EMS Compartment Interior Finish Match Interior Cab Coating $106.00 08-00-0712 ADD Driver Mid EMS Compt Lighting LED Strip 36" $173.00 NOTE No RBM supplied officer ems compartment. RMN will be supplying a fridge and fridge cabinet $0.00 03-05-6220 DELETE Interior Cabinet, Center, Forward Facing, Floor Mtd, With Cargo Webbing ($1,249.00) 03-05-9000 DELETE Interior Cabinet Compartment Shelf ($153.00) 05-01-1826 DELETE Interior Cabinet Forward Facing Compartment Interior Finish Match Interior Cab Coating ($132.00) 08-00-0719 DELETE Interior Cabinet Cmpt LED Strip Lt, (1) Ea Cmpt (approx 30") ($104.00) 08-00-071A DELETE Interior Cabinet Compartment Light, Mounting Door Jamb ($90.00) 08-00-071L DELETE Interior Cabinet Compartment Light, Door Switch, Ea ($104.00)03-08-0320 DELETE Window 50% Tint Side Middle Driver Fixed 15.5"W x 21.5"H ($123.00) 03-08-0370 DELETE Window 50% Tint Side Middle Officer Fixed 15.5"W x 21.5"H ($123.00) 04-02-1001 CLARIFY Floor Mounted Throttle and Brake Pedals, rolling change to hung pedals $0.00 04-04-1161 DELETE Lower Havis Delete Qty(2) Cup Holder, Dual ($90.00) 04-04-1151 DELETE Lower Havis Open Assy Box 6" ($84.00) 04-04-1152 ADD Open Assy Box - 9 Inch $213.00 04-04-1146 DELETE Locking Assy Box 6 Inch ($93.00)04-04-1146S ADD Locking Assy Box 9 Inch $228.00 05-02-0047 DELETE Heater Hose - Silicone $0.00 05-02-0048 ADD Heater Hose - Rubber $0.00 08-02-0100 DELETE Rear Crew Controls Manual - Located Overhead Center $0.00 08-02-0107 ADD Rear Crew Controls Manual - Center Front Dash - Remote Mt 415DS $519.00 03-09-033A DELETE Two (2) Outboard Rear Facing Seats - XL $0.00 Moses lake rev 160627 CHASSIS Changes/Clarifications PCN_Moses lake Pumper 020920crs 1 3/19/2020 Moses Lake Council Packet 4-14-20, Page 108 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 19-Mar-20 Truck #14997 Responsible Part No.Action Description Customer Cost Moses lake rev 160627 CHASSIS Changes/Clarifications 03-09-035A DELETE Outboard Rear Facing Seats Qty(2) Seat Crew Rear Facing Outer 911 Seats Inc XL Fixed ABTS ($1,296.00) 03-09-000B DELETE Outboard Rear Facing Seats Qty(2) Dual Retractor Seat Belt - Seats Inc ($212.00) 03-09-0126 DELETE Outboard Rear Facing Seats Qty(2) Seat Back SCBA IMMI Smart Dock ($919.00) 03-09-038A DELETE Outboard Rear Facing Seats Qty(2) Seat Mounting Rear Facing Outer - XL Seats Inc. ($312.00) 03-09-0906 DELETE Outboard Rear Facing Seats Qty(2) Seat Material Endurance Vinyl $0.00 03-09-0920 DELETE Outboard Rear Facing Seats Qty(2) Seat Logo Rosenbauer $0.0003-09-041A ADD Two (2) Center Forward Facing Seats - XL $0.00 Dealer 03-09-055A ADD Center forward facing Qty(2) Seat Crew Forward Facing Center 911 XL Seats Inc Fixed Dealer must confirm with customer fixed or flip up base. I Priced fixed CRS $1,944.00 03-09-000A ADD Center forward facing Qty(2)Single Retractor Seat Belt - Seats Inc $0.00 03-09-0126 ADD Center forward facing Qty(2) Seat Back SCBA IMMI Smart Dock $1,378.00 03-09-057A ADD Center forward facing Qty(2) Seat Mounting Forward Facing Center - XL $168.0003-09-0906 ADD Center forward facing Qty(2) Seat Material Endurance Vinyl $0.00 03-09-0920 ADD Center forward facing Qty(2) Seat Logo Rosenbauer $0.00 03-09-3102 ADD Seat Box Three (3) Forward Facing Seats $744.00 03-09-3102 CLARIFY When mounting the seats there is to be a minimum gap between the seats of 9" $0.00 03-09-3212 ADD 3 seat box, Forward Facing Storage Acc Cutout (2) Drvr/Offcr Sides (1) Cntr $0.00 03-09-4001 ADD Seat Box Finish - Match Cab Interior Coating $141.00 04-05-2000 DELETE Exterior Grab Handles Aluminum with Stanchions 18" ($167.00) 04-05-200B ADD Exterior Grab Handles with Dual Lighting Amber & Red LED Lighting 18" $645.00 08-01-0800 ADD Grab Handle LED Light Actvtn w/ Parking Brake $408.00 04-08-0140 DELETE Front Grille, 3D Stainless Steel ($972.00) 04-08-0022 DELETE Wing Light Bezel - Stainless ($319.00) 04-08-0100 ADD Front Grille, 3D Line-X Black Finish $3,045.00 04-08-0026 ADD Wing Light Bezel - Line-X Black $478.00 Dealer 04-08-0052 ADD Department Name Laser Cut Center Grille Bar ML FD, dealer will need to confirm back light name $2,271.00 04-08-0053 ADD Grille Back Lighting - Red $0.00 04-08-0090 DELETE Logo, Rosenbauer, Grille Mount $0.00 04-08-0143 ADD Grille Mounted Roto-Ray Provision $578.0008-01-0303 DELETE Headlight & Marker Light Activated Rocker Switch Driver Panel $0.00 08-01-0302 ADD Headlight & Marker Light Activated VISTA $0.00 04-08-0151 DELETE Cab Fender Stainless Steel ($419.00) PCN_Moses lake Pumper 020920crs 2 3/19/2020 Moses Lake Council Packet 4-14-20, Page 109 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 19-Mar-20 Truck #14997 Responsible Part No.Action Description Customer Cost Moses lake rev 160627 CHASSIS Changes/Clarifications04-08-0154 ADD Cab Fender Stainless Steel - Black $816.00 05-00-7130 DELETE Ramco-Bus-Drv Dr Mt (CRM-1350PCHR)-Off Dr Mt (CRM-1350PCHR)- H&R,H&R(LWR)CVX ($724.00) 05-00-7158S ADD Ramco-Bus-Drv Dr Mt (BLK-1350PCHR)-Off Cwl Mt (Black 1352-A18PHBLK)- H&R,H&R(LWR)CVX $1,344.00 05-01-5020 CLARIFY Cab Paint Upper / Secondary 9000 black Upper $0.00 05-01-5021 CLARIFY Cab Paint Lower / Primary PPG 926415 Red $0.00 05-01-5WMG DELETE Cab Paint Exterior Breakline - Paint Break G w/Bandit Wrap ($1,347.00)05-01-503A ADD Cab Paint Exterior Breakline - Paint Break A $190.00 07-07-0723 DELETE (2) Front Wheels Alcoa Dura-Bright 22.5 x 12.25 Aluminum ($1,012.00) 07-07-0713 ADD (2) Front Alcoa Dura Black Aluminum Wheels 22.5 x 12.25 w/hub and Nut Covers $1,768.00 07-07-0787 DELETE (4) Rear Wheels Alcoa Dura-Bright 22.5 x 8.25 Aluminum ($1,476.00) 07-07-078B ADD (4) Rear Wheels Alcoa DURA-BLACK/DURA-BLACK 22.5 x 8.25 w/outer hubs/lugs covers $2,834.00 07-08-06SF CLARIFY Air Inlet Location Driver's Front Stepwell Rearward side of the stepwell $0.0008-08-06WW DELETE Shoreline Locations Driver's Side Above Wheel Well $0.00 08-08-06CF ADD Auto eject will be 211DS $412.00 08-02-0176 CLARIFY Mounted behind the officer seat $0.00 08-02-0512 CLARIFY Aux Pwr & Gnd Stud 40A Batt Direct, Inside driver side EMS high on the inbord wall $0.00 08-03-0110 DELETE Qty(1) of 3 Communication Antenna Base Cab Roof - RBM Supplied $141.00 08-03-0120 CLARIFY Antenna is to be located behind the officer seat $0.00 03-06-0015 DELETE Steps w/Grip Strut Lwr, Treadplate Middle ($864.00) 03-06-0018 ADD Steps Black Line-X Grip Strut Lwr, Treadplate Middle $1,677.00 08-06-7025 ADD FRC inView Forward Facing Camera System -W/DVR, DVR view Only, no screen $3,083.00 04-03-1205 ADD Flat Mntg Plate - Engine Tunnel, Composite Dash, Short Tunnel $446.00 Total Credits - Chassis ($12,756.00) Total Charges - Chassis $28,048.00 Net Changes - Chassis $15,292.00 BODY Changes/Clarifications PCN_Moses lake Pumper 020920crs 3 3/19/2020 Moses Lake Council Packet 4-14-20, Page 110 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 19-Mar-20 Truck #14997 Responsible Part No.Action Description Customer Cost Moses lake rev 160627 CHASSIS Changes/ClarificationsOAH:None $0.00 OAL:None $0.00 80-43-3008 ADD Siren, F-S, Q2B, Mech, Pedestal Mted Painted black $356.00 80-43-3000 ADD Spkr, F-S Dynamax, Speaker/Cover Finish , Painted black , Ea $143.00 56-08-1400 CHANGE Bell Cntrl, Elec Officer V-Mux $142.00 58-71-1820 DELETE Wrn Lts, Whelen, Upper Rr (2) S-LED Rotary L31 P/N L31*F ($264.00) 57-20-8100 DELETE Wrn Lt, Drvr, Whelen, L31 LED Rotator Red Color Lens, Ea ($268.00) 57-20-8101 DELETE Wrn Lt, Offcr, Whelen, L31 LED Rotator Red Color Lens, Ea ($268.00) 58-74-5100 DELETE Stanchions, Rr Wrn Lt, Cast Alum ($196.00) 58-71-1770 ADD Wrn Lts, Whelen, Upper Rr (2) M9 LED $395.00 57-20-1400 ADD Wrn Lt, Drvr, Whelen, M9, Red LED, Color Lens, Ea $251.00 57-20-1401 ADD Wrn Lt, Offcr, Whelen, M9, Red LED, Color Lens, Ea $251.00 58-01-2181 ADD Flange, Black, Wrn Lt, Whln, M9, Ea $70.0058-46-2100 ADD Wrn Lts, Whelen, Upper Side Front (2) M9 LED $395.00 57-20-1400 ADD Wrn Lt, Drvr, Whelen, M9, Red LED, Color Lens, Ea $251.00 57-20-1401 ADD Wrn Lt, Offcr, Whelen, M9, Red LED, Color Lens, Ea $251.00 58-01-2181 ADD Flange, Black, Wrn Lt, Whln, M9, Ea $70.00 80-43-3012 ADD Air Horns (2) Finish , Flat Black Pnt, Pr $264.00 52-08-1100 ADD Qty(2) HandLt, Litebox 45107, Orange w/ 12V Chrgr $704.00 52-10-3100 DELETE Intercom System, FireCom 5100D Wired single radio ($5,051.00)52-10-3201 ADD Intercom System, FireCom 5200D Wireless (Dual Radio) $9,494.00 52-15-1500 ADD Radio Spkr, Fire, Install Cstmer Supl'd, Ea $417.00 52-15-1700 ADD Radio, Fire, Install Cstmer Supl'd Dual band Radio $1,202.00 53-02-1250 DELETE License Plate Brkt, Cast Prdts, LP0005-1-C w/ LED Lt ($230.00) 53-02-1250 ADD License Plate Brkt, Cast Prdts, LP0005-1-C w/ LED Lt LINE X Black $688.00 80-43-3016 ADD Rear Quad Bezel Finish , Flat Black Pnt, Pr $264.00 54-10-1460 DELETE Step Lt, Rr Tailboard, OSS Access, 8" LED ($336.00) 54-10-1460 ADD Step Lt, Rr Tailboard, OSS Access, 8" LED Black Line X $656.00 54-12-1920 DELETE Deck Lts, Rr Of Hosebed, on stantions ($457.00) 54-15-6420 DELETE Scene light activation Driver and officer vista for all scene lights ($346.00) 54-15-6470 ADD All of the body and side cab scene lights are to be controlled by driver/ officer and pump panel $1,116.00 58-93-1110S ADD Traffic Arrow Lt, Qty(8) Light heads making arrows Rear face, The traffic arrow will be a custom arrow system. A controller will ne mounted with in the reach of the driver. There will be Qty(8) lights mounted on the rear face, Qty(4) per side. The qty(4) light heads will be layed out in a arrow shap pointing out board. $3,417.00 PCN_Moses lake Pumper 020920crs 4 3/19/2020 Moses Lake Council Packet 4-14-20, Page 111 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 19-Mar-20 Truck #14997 Responsible Part No.Action Description Customer Cost Moses lake rev 160627 CHASSIS Changes/Clarifications10-05-4318 DELETE Frnt Bmpr, 4000, Max Force 12"H, T/P Apron, M/F Wings, 18" Extnsn ($1,406.00) 10-05-4324 ADD Frnt Bmpr, 4000, Max Force 12"H, T/P Apron, M/F Wings, 24" Extnsn $2,225.00 80-43-3020 ADD Bumper Apron (flat areas) Finish , Line-X Black, Ea $426.00 80-43-3032 ADD Bumper Lid (raised) Finish , Line-X Black, Ea $609.00 10-06-1110 DELETE Whl Trim, S/S Hub/Lug Cvrs, Front/Rr, Sngl Axle, Now chassis supplied included with the black wheel option ($376.00) 10-13-2402 ADD Cabinet, Refrigerator, Out Board Rr Facing, Officer Side 39" H x 21" W x 22.5"D Exterior Finish, Cabinet, To Match Cab Interior. Interior Finish, Cabinet, Natural Refrigerator/Freezer, 3.1 Cubic Ft, 12-24VDC/120VAC, Norcold DE-0788 $3,803.00 23-13-3200 CLARIFY Dschg, 2-1/2", Right Rr, NST. The discharge is to be located at the front of the hose bed. $0.00 24-30-3100 DELETE Hose Reel, HAN, Elec, Mt Abv Pump, Stl Pntd ($5,157.00) 25-06-3100 CHANGE The foam discharges Front bump Qty(2) 1-3/4 crosslays $0.00 80-43-3308 ADD Top of Body - SA Pmpr/Tnkr - Lvl 3 Finish , Line-X Black, Ea $3,585.00 80-43-3104 ADD Running Board Finish , Line-X Black, Pr $436.0080-43-3215 ADD The pump mod structure to be line x black $1,644.00 26-35-3210 DELETE Pump Panel, Stnls Stl, LH/RH, SM, EXT ($715.00) 80-43-3120 ADD Crosslay Cover Finish , Line-X Black, Ea $345.00 26-35-5110 ADD The pump panels are to be Line x Black $958.00 80-43-3132 ADD Behind Ladder Rack - Finish , Line-X Black, Ea $1,196.00 26-35-1249 DELETE Lower recessed pump panels ($434.00) 29-20-7800 CHANGE Rr Vinyl Flaps for Alum Cvr Black $0.00 80-43-3401 ADD Fenderette, are to be Line x black $467.00 80-43-3112 ADD Intermediate Step Finish , Line-X Black, Ea $710.00 80-43-3116 ADD Hose Bed Cover Finish , Line-X Black, Pr $1,013.00 80-43-3205 ADD Ladder - EZ Climb Finish , Line-X Black, Ea $1,718.00 45-06-2100 ADD L3 Slide Tray, 500#, Alum 3/16" (1/4 Dpth), EXT $894.00 45-30-1125 ADD Turtle Tile, Shelves/Trays, 1/4 Depth, (each) $142.00 45-30-2000 DELETE Turtle Tile, Floor, Cmpt, Bhnd Rr Whls (1/4 depth) ($104.00) 45-26-7350 ADD Mobile Storage System, CTech, 3-Drwr, 26"D x 42"W Qty(1)5" Qty(2)12" $2,336.00 CLARIFY R3 Space saver towards the forward wall $0.00 45-15-1200 ADD R3 Divider, Vert, Bolt-In, 3/16" Alum Set to section off the space saver and to allow for the shelves to be adjustabe $293.0045-05-4100 DELETE Rear face compartment Slide Tray, 250#, Alum 3/16" (1/4 Dpth), EXT ($423.00) 45-06-2100 ADD Rear Face compartment Slide Tray, 500#, Alum 3/16" (1/4 Dpth), EXT $894.00 33-70-1330 DELETE Handrails, EZ-Climb Ladder, 48", Pair ($433.00) PCN_Moses lake Pumper 020920crs 5 3/19/2020 Moses Lake Council Packet 4-14-20, Page 112 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 19-Mar-20 Truck #14997 Responsible Part No.Action Description Customer Cost Moses lake rev 160627 CHASSIS Changes/Clarifications33-62-5300 ADD Step, Bltd, Treadplate, Rr Intermediate, 48" $214.00 54-10-1312 ADD Black Line X Step Lt, Access Ladder, OSS Access, 8" LED , $140.00 44-10-1600 DELETE Qty(3) Whl Well Cmpt, Sngl SCBA, Poly Tube, S/S Dr, (Fire Shopp) ($869.00) 44-10-6000 ADD Qty(8) Whl Well Compt, SCBA Compt Straps $308.00 44-10-2710 ADD Qty(4) Whl Well Cmpt, Triple SCBA Tube, Pntd S/S Dr Panted job color red $4,930.00 90-16-5430 ADD Qty(1)Pike Pole Mtg, On Hyd Ladder Rack,for a total of 3 $238.00 90-23-1400 ADD Hook, Roof NY, w/ Grips, 8-ft, Fire Hooks Unlmtd Mounted on the ladder rack $332.00 33-66-1140 DELETE Steps, Fldg, Frnt, Left Hand (3), Integral LED Lts ($372.00)80-43-3004 ADD Qty(3) folding steps coated Black, $647.00 80-43-3110 ADD Rub Rail Finish , Line-X Black, Ea $710.00 60-17-1100 CHANGE Inverter, 2600W, 12V, Vanner Patriot IQC12-2600 Ceiling mounted in L1 $0.00 60-17-1100 CLARIFY The Vaner inverter trans switch is to power 4 place in cab, and Qty(2) pump mod installed outlets. $0.00 CLARIFY The 4 place is to be located with in the Driver side EMS floor mounted $0.00 63-01-8500 DELETE Qty(2) Fldlgt, Akron, 240W-120V, Tele, Btm Raise-Side Mnt ELSS-XLAC ($2,896.00)64-01-2080 DELETE Light Tower, WB,NS,Chief(4)-90W LED 12V FRC Evol NS2.3-360-4 ($11,120.00) 64-01-2090 ADD Lt Tower, WB, NS Chief (4)-160W LED12V, FRC Evol NS2.3-320-4 $18,788.00 80-71-1600 DELETE Stripe, Triple Reflective, 1" x 6" x 1" Large "Z" Design ($758.00) 80-70-1700 ADD Stripe, Sngl Reflective, 6", Straight Design $568.00 80-75-1100 ADD Reflective Stripe Material, Black $162.00 80-72-1100 ADD Stripe, Reflective 3M, Chevron Pattern Entire Rr Red/Black $1,792.00 80-72-1110 DELETE Stripe, Refl, 3M Diamond Grde, Chevron Pattern Entire Rr, EXT ($1,248.00) 80-72-1000 ADD Front bumper chevron Black only the front bumper with the job color red paint $575.00 ADD 1/4 black pin strpe to the rear chevron seperating ech color change $537.00 90-35-1900 DELETE Emrgncy Road Kit - DOT Required ($99.00) 30-02-1707 ADD Finish, Roll Up Door Drip Rail, Painted, Specs, EXT $404.00 30-02-1706 ADD Painted Corner Posts, Job color Black $1,185.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 Total Credits - Body ($33,826.00) Total Charges - Body $76,021.00 PCN_Moses lake Pumper 020920crs 6 3/19/2020 Moses Lake Council Packet 4-14-20, Page 113 of 243 Attending: Chief Brett Bastian With Todd Kirwin and Brenden Feist of General Fire Apparatus Date 14-Jan-20 Revised 19-Mar-20 Truck #14997 Responsible Part No.Action Description Customer Cost Moses lake rev 160627 CHASSIS Changes/Clarifications Net Changes - Body $42,195.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Credits - Aerial $0.00 Total Charges - Aerial $0.00 Net Changes - Aerial $0.00 Original Contract Amount Total Credits ($46,582.00) Total Charges $104,069.00 Net Change $57,487.00 Revised Contract Amount $57,487.00 Summary of Changes/Clarifications AERIAL Changes/Clarifications (if applicable) PCN_Moses lake Pumper 020920crs 7 3/19/2020 Moses Lake Council Packet 4-14-20, Page 114 of 243 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: April 8, 2020 Proceeding Type: Consent Agenda Subject: Request To Award Reservoir 8 Painting Project 2020 Legislative History: •First Presentation: •Second Presentation: •Requested Action: April 14, 2020 Motion Staff Report Summary On April 8, staff opened bids for the Reservoir 8 Painting Project. The City received six (6) bids for the work. The low bid was $123,032.92 and the Engineer’s Estimate was $140,920.00. Background The 2020 budget includes money for completing these improvements. This project consists of painting Reservoir 8 (near Bob’s Café) and installing a new City of Moses Lake logo. The low bidder HCI Industrial & Marine Coatings of Brush Prairie, WA has not worked with the City of Moses Lake on past projects but has a lot of experience in similar projects. Fiscal and Policy Implications The project will require budgeted funds to be spent. Description Amount 2020 Budgeted Funds for Reservoir Coating $100,000.00 Award Amount for Reservoir 8 Painting $123,032.92 Remaining Budget $(23,032.92) Current pricing was found to be above the original budget estimate from last year. Cost under runs on awarded projects to date will more than cover the remaining funds. We feel this is a good price and the City should move forward with the project. Moses Lake Council Packet 4-14-20, Page 115 of 243 Options Option Results • Award Reservoir 8 Painting Project 2020 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 Reservoir 8 Painting Project 2020 from HCI Industrial & Marine Coatings in the amount of $123,032.92 Attachment A. Bid Summary Legal Review N-A Moses Lake Council Packet 4-14-20, Page 116 of 243 Moses Lake Council Packet 4-14-20, Page 117 of 243 Moses Lake Council Packet 4-14-20, Page 118 of 243 Moses Lake Council Packet 4-14-20, Page 119 of 243 Moses Lake Council Packet 4-14-20, Page 120 of 243 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: April 1, 2020 Proceeding Type: Consent Agenda Subject: Accept Westlake Lift Station Upgrade Project 2019 Legislative History: •First Presentation: •Second Presentation: April 14, 2020 •Action Motion Staff Report Summary POW Inc. has completed work for the above project. Background The Westlake Lift Station Upgrade Project consisted upgrading pumps, lids, fence, driveway, and controls at the Westlake Lift Station. This lift station was experiencing problems. The work completed is in the amount of $387,500.67. The original contract price for the project was $353,962.64. The additional work was to address some unforeseen difficulties encountered during construction and additional retaining wall work and fencing requested by the Wastewater Department to make the site more secure and usable that was not included in the original plans. The work completed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Options Option Results •Move to accept the project as presented.The 60 day lien period will begin. •Take no action.The project won’t be accepted at this time. Staff Recommendation Staff recommends accepting the Westlake Lift Station Upgrade Project. Moses Lake Council Packet 4-14-20, Page 121 of 243 STAFF REPORT To: Allison WilliamsCity Manager From: Fred Snoderly, Municipal Services Director Date: April 8, 2020 Proceeding Type: Consent Agenda Subject: Accept Cascade, Dog, and Dano Park Resurfacing Project 2020 Legislative History: •First Presentation: •Second Presentation: April 14, 2020 •Action Motion Staff Report Summary Central Washington Asphalt has completed work for the above project. Background The project consisted of paving the gravel parking areas at Dano Park and the Dog Park, as well as paving the gravel driveway to the campground at Cascade Park. The work completed is in the amount of $125,977.04. The original price for the contract was $124,606.87. The additional work was due to a slight overrun in the tonnage of asphalt placed. The work completed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Options Option Results •Move to accept the project as presented. The 60 day lien period will begin. •Take no action.The project won’t be accepted at this time. Moses Lake Council Packet 4-14-20, Page 122 of 243 Staff Recommendation Staff recommends accepting the Cascade, Dog, and Dano Park Resurfacing Project. Attachments A. None Legal Review N-A Moses Lake Council Packet 4-14-20, Page 123 of 243 STAFF REPORT To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Date: April 10, 2020 Proceeding Type: Old Business Subject: Notice of Intent to use the State of Washington LOCAL Program Legislative History: •Discussions w/Larson Rec Center: •Presentation for LOCAL only: September 24 and October 8, 2019, and February 25, 2020 April 14, 2020 •Requested Action: Motion Staff Report Summary The next step to finance the Larson Recreation Center construction project is to make an application to 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 City will ultimately enter into an interlocal agreement with the State for the bond repayment. Background We discussed this option at the last study session on the Larson Recreation Center. I had updated the spreadsheet on available resources to pay for the debt service to include the 2 Fire apparatus currently on order, and remodeling the police station after the Parks and Recreation administrative offices moves to the new facility. We estimate the funds available when the Civic Center debt is paid off, as well as an allocation of Hotel/Motel tax, will be more than adequate to make debt service payments for these three purposes. Fiscal and Policy Implications This transaction does not bind Council to issue the debt. It is simply the first step in a process so that the State can screen our application and determine if they are willing to go forward with the partnership. Moses Lake Council Packet 4-14-20, Page 124 of 243 Options Option Results • Move to approve the Notice of Intent to use the Washington State LOCAL program Action would allow Finance to continue in the process to obtain funding to construct the Larson Recreation Center • Take no action Delay application Staff Recommendation Move to approve the Notice of Intent to participate in the Washington State LOCAL lending program. Attachments A. B. Application Larson Recreation Center funding spreadsheet Legal Review N-A Moses Lake Council Packet 4-14-20, Page 125 of 243 Notice of Intent State of Washington LOCAL PROGRAM Local Agency Information Legal Name: County: MCAG No.: Address: Zip: Contact Person: Title: Phone: Fax: E-mail: Property (Real Estate or Equipment) Property description (include quantity, if applicable): Purpose of property (Please be specific and include dept. of use): Total Project/Property Cost $ Finance term: Useful life: Desired financing date: Local Funds $ ( ) Grants $ ( ) Other $ ( ) LOCAL Financing Request: $ If real estate, the Real Estate Worksheet: Is attached Will be provided by (date): If equipment, select how the property purchase price will be paid: Reimbursement to Local Agency. If expenditures are made prior to the COP closing date, a Reimbursement Resolution will be required with your financing documents. To comply with IRS requirements, expenditures made more than 60 days prior to the date of the resolution cannot be reimbursed. Direct payment to vendor. Confirm the vendor is registered in the Statewide Vendor System at https://ofm.wa.gov/it-systems/statewide-vendorpayee-services or call 360.407.8180. Security Pledge Voted general obligation of local government Non-voted general obligation of local government Other Information If any of the following apply, please provide a complete discussion on a separate page: Yes No Is the local agency a party to significant litigation? Yes No Has the agency received a bond rating in the last two years? If yes, bond rating(s): (attach rating agency letter) The Local Agency reasonably expects to be reimbursed for original expenditures made to acquire the personal/real property from sale proceeds of certificates of participation in a Personal/Real Property Financing Lease with the State Treasurer in the maximum amount expected to be financed as identified above. The Local Agency reasonably expects that the personal/real property will be used for its governmental purpose and not by any nongovernmental person for private business use. Signature: Date: Printed Name: Title: Moses Lake Council Packet 4-14-20, Page 126 of 243 Credit Application State of Washington LOCAL PROGRAM Please provide the following information with the agency’s Notice of Intent to finance through the LOCAL PROGRAM. General Local Agency Name: Located in the community of: Population served: Please provide a brief background on the agency: when it was formed, recent changes in service area or tax base related to annexations or mergers. Are you aware of any proposed changes to the tax base of the agency such as plans to annex/merge/dissolve portions of a district/county/city)? If so, how would this affect the agency’s size and operations? Provide the number of agency employees in each of the past three years. Do unions represent employees or bargaining groups? If yes, when do the associated contracts expire? Are labor relations considered satisfactory? Discuss any major changes to significant employers or taxpayers in the area. Are you aware of pending closures or changes in employment levels? Special Purpose Districts only: List facilities and major equipment operated by the district. Litigation Please accept or modify as appropriate, the following: There [is/is not] now pending or, to the best of knowledge, threatened, any litigation restraining or enjoining the execution of the Local Agency Financing Agreement or the levy and collection of taxes to pay the payments thereunder. [The [city/county/distric] is party to routine legal proceedings and claims, and the collective impact of these legal proceedings and claims [is/is not] likely to have a material impact on revenues of the entity. Moses Lake Council Packet 4-14-20, Page 127 of 243 Assessed Valuation Please complete the table below on assessed value, noting the source materials. Explain any unique or unusual valuation numbers (e.g. revaluation year). Year of tax collection (include last 5 years) Total assessed value for regular levy Reduced assessed value for excess or bond levy Current year Tax Levy and Rate Provide the levy rate per $1,000 assessed to taxpayers for the last five years, and the dollar amount of regular levy. Year of Tax Collection Regular Levy Rate per $1,000 Regular Levy Total $$ Levied Other Levy Rate per $1,000 Bond Levy Rate per $1,000 Levy Lid Lift Included? (Y/N) If Y, provide amount Current Year Does the agency currently have authority to impose any voter-approved levy lid lifts in the future? If so, please describe the term(s) and authorized amount(s) of such lid lifts. Has the levy rate been reduced in recent years because of other taxing district levies? Are you aware of any potential or impending constraints or reductions associated with the agency’s levy rates? If yes, please explain. Moses Lake Council Packet 4-14-20, Page 128 of 243 Financial Operations Statement of Revenues and Expenditures and Fund Balance Report Basis of accounting: Cash Accrual Please attach copies of the Statement of Revenues and Expenditures and Fund Balance Report for the General or Operating Fund, for the past five years. Clearly indicate whether each year has been audited. If financial statements are not available for the most recent year, please provide preliminary numbers. Please provide details to explain any unusual activity such as one-time expenditures or revenues. The past 5 years of financial reports are attached Budget – General/Operating Fund (2 years) Please attach the budget summary for the General or Operating fund for the current and past year. Be sure it includes summary information on revenues and expenditures – do not send the entire budget. Budget reports are attached Please discuss any ending fund balance policies. Is there an expectation that the ending fund balance will be drawn down to a pre-determined level in the future? If so, why and when? Service Contracts Briefly describe any service contracts (terms, length, dollar value, etc), including contracts with cities, counties or special purpose districts within the applicant’s boundaries, if any. If such contracts constitute more than 10% of your agencies annual operating revenues or expenditures, please provide a history of the specific revenue/expenditures associated with the contract(s) and the remaining term of the contract(s). An example of such a contract might include a fire district that receives revenue from another entity for purposes of fire protection services outside of that fire district’s natural boundaries. Debt Outstanding Long-term Debt Provide the following information on all outstanding debt. Include general obligation debt and other types of debt that are payable from the agency’s general or operating fund, as well as any outstanding state loans. Use an additional page or attachment if necessary. Debt No. 1 Debt No. 2 Debt No. 3 Description of debt First payment date Last payment date Voted or non-voted pledge Amount originally borrowed Amount currently outstanding Annual payments due Fund responsible for repayment Moses Lake Council Packet 4-14-20, Page 129 of 243 Short-term Obligations Provide information on any short-term obligations including interfund loans or loans from the County Treasurer, noting the amount of the loan, the purpose, the repayment schedule and the fund source for repayment. Additional Financing Plans Discuss additional financing plans that are in process or anticipated over the next 18 to 24 months. Expected payment source for COP lease payments Does the agency anticipate making the COP lease payments from a source other than the agency’s general or operating fund? If so please describe this alternative source of funds, provide a 5-year history and any other claims on this source of funds. Reserves Does the agency maintain any financial reserves outside of its general or operating fund? Please describe these reserves, provide a 5-year history and any expected expenditure of these reserve funds in the near future. Provide any additional information that would be helpful for the review of the LOCAL PROGRAM credit application. The information provided above is complete and accurate to the best of my knowledge. I am not aware of any additional information that would affect the Office of the State Treasurer’s review of the agency. Signature: Date: Printed Name: Title: Forward this application to the LOCAL Programmatthew.schoenfeld@tre.wa.gov brianna.may@tre.wa.govOffice of the State Treasurer, Legislative Building, PO Box 40200, Olympia, WA 98504-0200(360) 902-9022 Moses Lake Council Packet 4-14-20, Page 130 of 243 One Time Cash available 10/01/19 12/31/19 Parks Mitigation Fund Balance $680,000 $705,000 General Fund balance-one time property sales 700,000 0 * City's portion of Hotel/Motel Tax 270,000 Less: balance of Driftmier contract (to get to bid)(400,000) (400,000) Available for pre-project expenses $980,000 $575,000 Resources Available for Annual Debt Service Total 2021 2022 Civic Center Debt $1,665,000 General Obligation Bonds for Civic Center-Final payment in 2020 $685,000 Interfund Loans for Civic Center-Final payment in 2021 980,000 Less: Utility portion (not available for General Purposes)(156,300) (64,300) (92,000) 1,508,700 620,700 888,000 Hotel Motel Tax-City's 2% Annual Revenue Estimate $357,000 $357,000 Less: Dedicated Expenses (73,000) (73,000) Available for Debt Service 284,000 284,000 Less: Operating Costs of the New Facility $5.00 per Square Foot estimated at 30,000 Sq Ft.(150,000) (150,000) Existing rent for The Learning Center 24,000 24,000 Net Increase in operating expenses (126,000) (126,000) Total Available (and by year)$1,666,700 $904,700 $762,000 Future bonding commitments Larson Recreation Center (1)799,000 799,000 Fire Apparatus (2)234,000 100,000 134,000 Remodel Police Station (3)202,000 202,000 Total New Debt Service Commitments $1,235,000 $899,000 $336,000 (2) Assumes a total project cost of $2,100,000 borrowing total amount for 10 years with net interest cost of 2.0%. Could be split into 2 years, as the chasses will be paid for in 2020, with the balance in 2021 (3) Assumes a total project cost of $3,000,000 borrowing total amount for 20 years with net interest cost of 3.0%. Construction possible in late 2021. Note: This is an eligible use of the new Criminal Justice Sales Tax. * We have funding available to finish the pre-building expenses without using General Fund resources. This $700,000 can stay in General Fund set aside as a contingency. City of Moses Lake Resources Available for Larson Recreation Center Project As of 12/31/2019 (1) Assumes a total project cost of $11,350,000, borrowing total amount for 20 years with net interest cost of 3.34% (Pessimistic Scenario from the State LOCAL office). Moses Lake Council Packet 4-14-20, Page 131 of 243 STAFF REPORT To: Allison Williams, City Manager From: Katherine Kenison, City Attorney Date: April 10, 2020 Proceeding Type: New Business Subject: MLMC Change to Hearing Examiner for Quasi-Judicial Land Use Matters Legislative History: •First Presentation: April 14, 2020 •Second Presentation: •Requested Action: Motion Staff Report Summary For many years, risk pools have identified quasi-judicial land use decisions as one of the top sources of litigation, and our new risk pool (WCIA) is no exception. Having a trained professional, such as a Hearing Examiner, making such decisions helps protect the City should any litigation arise from a land use decision. Staff also recognize the need to have a trained professional make decisions in other areas such as code enforcement appeals. Therefore, staff presents this ordinance that will transfer most land use decisions and certain appeals to a Hearing Examiner. Discussion/Analysis Many local jurisdictions use the Hearing Examiner system for their land use decisions. Land use decisions are quasi-judicial, meaning that Council Members must “sit in the capacity of a judge” and cannot engage community members on the issue. Council’s inability to engage its constituents on such matters creates a natural tension that can result in pitfalls leading to expensive litigation and a sense of disconnection with constituents. Moving to a Hearing Examiner system protects the City because the Hearing Examiner is most often an attorney and specifically trained in land use law and process. They understand the need to make decisions based upon the record. A Hearing Examiner system also protects the City Council from any appearance of fairness accusations or other missteps. Under a Hearing Examiner system, Council Members are free to discuss pending development proposals and other quasi-judicial matters with their constituents. By freeing up Council’s ability to communicate with the community, Council can better embrace its role as “policy maker”. Staff Recommendation For the above reasons, staff recommend moving most quasi-judicial decisions to a Hearing Examiner. This ordinance, submitted as a first touch, accomplishes that. This ordinance would expand the Hearing Examiner’s powers and duties. It would also clarify and expand upon the Hearing Examiner Moses Lake Council Packet 4-14-20, Page 132 of 243 Page 2 of 2 appointment process and appeals process for City zoning and other land use and permitting actions. The proposed code also sets forth staff support services available to the Hearing Examiner and describes other miscellaneous provisions necessary to an administrative hearing and appeal system. The draft ordinance also requires the Hearing Examiner to give an annual presentation to Council. Rezone decisions remain with the City Council in accordance with State law. The proposed draft encompasses all decisions staff suggest turning over to a Hearing Examiner. This recommendation is in part because of the protections it provides the City, but also serves as a mechanism to – hopefully – get better pricing on Hearing Examiner services. Financial Implications Staff will be revisiting the fee schedule to consider an update for the use of the Hearing Examiner. Attachments A. Proposed Ordinance 2949 and Exhibit A B. http://mrsc.org/Home/Stay‐Informed/MRSC‐Insight/August2016/Should‐Councils‐ Conduct‐Quasi‐Judicial‐Hearings.aspx C. WCIA member resources recommendation Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel  Ordinance 2949 and Exhibit A An Ordinance of the City of Moses Lake, Washington amending several sections of the Moses Lake Municipal Code to provide for the expansion of the Hearings Examiner’s subject matter jurisdiction, powers, and duties to include quasi‐judicial land use matters; describe the rules and procedures for hearings, decisions and appeals; and providing for severability and effective date. April 10, 2020 Moses Lake Council Packet 4-14-20, Page 133 of 243 ORDINANCE NO. 2949 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON AMENDING SEVERAL SECTIONS OF THE MOSES LAKE MUNICIPAL CODE TO PROVIDE FOR THE EXPANSION OF THE HEARINGS EXAMINER’S SUBJECT MATTER JURISDICTION, POWERS, AND DUTIES TO INCLUDE QUASI-JUDICIAL LAND USE MATTERS; DESCRIBE THE RULES AND PROCEDURES FOR HEARINGS, DECISIONS AND APPEALS; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. Recitals: 1. Land use is one of the top two litigated areas in municipal law, and risk pools consistently recommend that local jurisdictions remove Councils and Commissions from quasi- judicial land use decision-making process; and 2. Staff and the City’s risk pool concur with this recommendation; and 3. Transferring quasi-judicial land use decisions to a hearing examiner system allows Council members to freely discuss development issues with their constituents; and 4. The City Council has historically used the Planning Commission to hear a majority of land use applications and desires to transfer those quasi-judicial land use decisions to a hearing examiner; and 5. Many quasi-judicial land use decisions currently remain with Council, which prevents Council members from interacting with their constituents on development concerns because of the appearance of fairness doctrine; and 6. The City Council seeks to better fulfill their legislative policy obligations and having the ability to freely discuss development issues is an integral aspect of that obligation; and 7. This amendment expands the authority and jurisdiction of a hearing examiner system and provides a description of the powers and duties of the hearing examiner and a description of the appeals process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City of Moses Lake Municipal Code is amended as set forth in “Exhibit A”. Section 2. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3. Savings Clause. Those portions of the Moses Lake Municipal Code which are repealed or amended by this ordinance shall remain in force and effect until the effective date of this ordinance. Such repeals and amendments shall not be construed as affecting any existing right acquired under the ordinances repealed or amended, nor as affecting any proceeding Moses Lake Council Packet 4-14-20, Page 134 of 243 instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor the administrative action taken thereunder. Notwithstanding the foregoing actions, obligations under such ordinances or permits issued thereunder and in effect on the effective date of this ordinance shall continue in full force and effect, and no liability thereunder, civil or criminal, shall be in any way modified. Further, it is not the intention of these actions to reenact any ordinances or parts of ordinances previously repealed or amended, unless this ordinance specifically states such intent to reenact such repealed or amended ordinances. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Effective Date. This ordinance shall become effective five days after publication of the ordinance, or a summary thereof, in the official newspaper of the City. PASSED by the City Council of the City of Moses Lake at its regular meeting held the 14th day of April, 2020. ____________________________________ 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: April 20, 2020 Date Effective: April 25, 2020 Moses Lake Council Packet 4-14-20, Page 135 of 243 EXHIBIT A ORDINANCE NO. 2949 2.08.100 Enactment Procedure: Ordinances shall be read by title only unless the ordinance has been placed on the Consent Agenda for consideration; provided, that should a member of the City Council desire to remove an ordinance from the Consent Agenda, that request shall be granted, except as provided otherwise herein. All ordinances shall be read by title only provided, that all state laws now in effect or as amended or made effective which refer to the passage of ordinances and made applicable to the city shall also be followed. All ordinances which come to the City Council for final action as required by state law but which were approved by the Planning Commission pursuant to Title 20 of this Code shall be placed on the Consent Agenda by staff and may not be removed from the Consent Agenda for independent action by the City Council. Ordinances coming to the City Council for final action on the Consent Agenda pursuant to Title 20 shall be passed on a single consideration of the Consent Agenda and without being read by title only. 2.36.120 Planning Commission Specific Requirements: A. Commission – Established. The Planning Commission of the City shall consist of five (5) members. Each member shall be appointed for a term of six (6) years. B. Membership – Eligibility. Four (4) members shall reside within the City limits, and one (1) member shall either reside within the City limits or own property or a business within the City. C. Meetings. The Planning Commission shall devote such time as may be necessary to properly discharge all duties devolving upon them. Regular Planning Commission meetings are held on Thursdays following the first Council meeting second and fourth Tuesdays of eachthe month. D. Powers and Authority. The Planning Commission shall have all of the powers and perform each and all of the duties specified by Chapter 35A.63 RCW, together with any other duties or authority which may hereafter be conferred upon them by the laws of the state, the performance of such duties and the exercise of such authority to be subject to such and all the limitations expressed in each legislative enactment or enactments. E. Function and Duties. 1. Recommendations on Proposed Legislation. The City Council may refer to the Commission, for its recommendation and report, any ordinance, resolution, or other proposal relating to any of the matters and subjects referred to in Chapter 35.63 RCW, and the Commission shall promptly report to the City Council thereon, making such recommendation and giving such counsel as it may deem proper in the premises. Moses Lake Council Packet 4-14-20, Page 136 of 243 2. Approval of Plats. All plats or plans of subdivisions of land within the City or proposed additions, as well as dedications of streets, alleys, and other public spaces, shall be submitted to the Commission as provided in Chapter 58.17 RCW. 12.32.080 Street Names: A. Official names for streets shall be the name shown for the street that has been dedicated on a final plat. Every plat submitted to the Planning Commission Hearing Examiner shall show the names of all streets proposed for dedication within the subdivision. Street names shall be official after the municipal street improvements have been accepted by City Council and an approved final plat is filed with the Grant County Auditor. B. If a municipal street is not within dedicated right-of-way from a plat, the Municipal Services Director shall provide a name for the street, for City Council approval. C. If the Municipal Services Director finds an existing street that carries more than one (1) name, the Municipal Services Director shall recommend a street name correction for the length of the street. The street name correction should be based on the name of the longest street segment for the street in question, both inside and outside of the city. The Municipal Services Director may recommend an alternate name for the entire street. The City Council may hold public hearings at which interested owners may express views concerning street name changes. 14.06.070 SEPA and Agency Decisions: A. Purpose and Adoption by Reference. This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following Washington Administrative Code sections by reference: 197-11-650 Purpose of This Part 197-11-655 Implementation 197-11-660 Substantive Authority and Mitigation10 197-11-680 Appeals B. Substantive Authority. 1. The policies and goals set forth in this ordinance are supplementary to those in the existing authorization of the City of Moses Lake. 2. The city may attach conditions to a permit or approval for a proposal so long as: a. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this ordinance; and Moses Lake Council Packet 4-14-20, Page 137 of 243 b. Such conditions are in writing; and c. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and d. The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and e. Such conditions are based on one or more policies in subsection 4 of this section and cited in the license or other decision document. 3. The city may deny a permit or approval for a proposal on the basis of SEPA so long as: a. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this ordinance; and b. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and c. The denial is based on one or more policies identified in subsection 4 of this section and identified in writing in the decision document. 4. The city designates and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this section: a. The policies in the following city codes, plans, ordinances and resolutions: 1) The Comprehensive Plan of the City 2) The City’s Zoning Code 3) The City’s fire and building codes 4) The City’s shoreline master program 5) Any other policies of the city which have been incorporated in resolutions, regulations, ordinances, plans, or codes and which provide a reasonable basis for conditioning or denying a proposal in order to mitigate adverse environmental impacts. b. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: 1) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; 2) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; Moses Lake Council Packet 4-14-20, Page 138 of 243 3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; 4) Preserve important historic, cultural, and natural aspects of our national heritage; 5) Maintain, wherever possible, an environment which supports diversity and variety of individual choice; 6) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and 7) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. c. The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. C. Appeals. The City of Moses Lake establishes the following administrative appeal procedure under RCW 43.21C.075 and WAC 197-11-680: 1. Appeals under the provisions of this part shall be limited solely to those actions and/or determinations listed below. No administrative appeals shall be allowed for other actions and/or determinations taken or made pursuant to this chapter (such as lead agency determination, scoping, draft EIS adequacy, etc.) a. Procedural appeals which shall consist of an appeal of the responsible official’s compliance with the provisions of SEPA, the SEPA rules, and this chapter with respect to the following: 1) Final determination of non-significance 2) Final determination of significance 3) Adoption or issuance of a Final Environmental Impact Statement b. Substantive appeals which shall consist of an appeal of an action or omission with respect to the conditioning or denying of a proposal under the substantive authority set forth in Section 14.06.070(B) of this chapter. 2. Except as provided in subsection 3 of this section, an appeal under this section shall consolidate any SEPA appeal with a hearing or appeal on the underlying governmental action in a single simultaneous hearing before one hearing officer or body. The hearing or appeal shall be one at which the hearing officer or body will consider either the city’s decision or a recommendation on the proposed underlying governmental action. If no hearing or appeal on the underlying governmental action is otherwise provided, then no SEPA appeal is allowed under this section, except as allowed under subsection 3 of this section. Moses Lake Council Packet 4-14-20, Page 139 of 243 3. The following appeals of SEPA procedural or substantive determinations need not be consolidated with a hearing or appeal on the underlying governmental action: a. An appeal of a determination of significance; b. An appeal of a procedural determination made by the city when the city is a project proponent, or is funding a project, and chooses to conduct its review under this chapter, including any appeals of its procedural determinations, prior to submitting an application for a project permit; c. An appeal of a procedural determination on a non-project action. 4. All procedural and substantive SEPA appeals provided under this section shall be initiated by filing a written notice of SEPA administrative appeal with the Community Development Department, accompanied by the applicable appeal fee. No additional appellate fee shall be charged in conjunction with a hearing on the underlying permit or approval. a. The notice of appeal required by this section shall include, at a minimum: 1) The name and mailing address of the party or agency filing the appeal and the name and address of his/her representative, if any; 2) An identification of the specific proposal and specific SEPA actions, omissions, conditions, or determinations for which appeal is sought; 3) A statement of the particular factual and legal grounds or reasons for the appeal; 4) The specific nature and intent of the relief sought; 5) A statement demonstrating standing to appeal; 6) A statement that the appellant has read the appeal and believes the contents to be true, followed by his/her signature and the signature of his/her representative, if any. If the appealing party is unavailable to sign the appeal, it may be signed by his/her representative. b. The Community Development Director shall arrange to conduct the SEPA appeal in conjunction with a hearing or appeal on the underlying permit or approval, where required to consolidate the SEPA appeal with a hearing on the underlying governmental action. Where consolidation is not required, the Director shall schedule the hearing to be conducted within ninety (90) days of the date of filing the notice of appeal and payment of fee. 5. SEPA procedural appeals shall be initiated and conducted in the manner set forth below: a. An appeal of issuance of a determination of non-significance (DNS) or mitigated determination of non-significance (MDNS), may be filed by any agency or aggrieved person as follows: Moses Lake Council Packet 4-14-20, Page 140 of 243 1) For proposals which may be approved by an administrative official without public hearing, an appeal shall be filed within fourteen (14) calendar days following the last day of the comment period. Such SEPA appeal shall be heard in conjunction with the appeal of the underlying permit or approval, where such appeal is allowed. Provided that, if no administrative appeal of the underlying permit or approval is otherwise provided for, and consolidation is not required by subsection 3 above, an appeal of the DNS shall be heard and decided in an open record hearing by the Planning Commission Hearing Examiner. The decision of the Hearing Examiner Commission on the SEPA procedural appeal shall be final and not subject to further administrative appeal. 2) For proposals which may only be approved by open record hearing or open record pre-decision hearing (recommendation) before the Hearing Examiner or Planning Commission, an appeal shall be filed within fourteen (14) calendar days following the last day of the comment period, or where no comment period is required, then within fourteen (14) days following the date of issuance or adoption of the DNS, and shall be heard and decided in open record hearing by the Hearing Examiner or Planning Commission in conjunction with the decision or recommendation on the underlying proposal. The decision of the Hearing Examiner or Planning Commission on the SEPA procedural appeal shall be final and not subject to further administrative appeal. b. An appeal of a Determination of Significance (DS) may be filed by the applicant within fourteen (14) days of the issuance of the DS/scoping notice. The appeal shall be heard in open record hearing and decided by the Planning Commission Hearing Examiner, whose decision shall be final and not subject to further administrative appeal. c. An appeal must be filed within seven (7) days of issuance of the Final Environmental Impact Statement (FEIS). d. A SEPA procedural determination shall be deemed to be conclusively in compliance with SEPA, the SEPA rules, and the provisions of this chapter, unless a SEPA procedural appeal is filed in accordance with this part. 6. SEPA substantive appeals shall be initiated and conducted in the manner set forth below: a. For proposals subject to final administrative action, approval, or recommendation by a nonelected administrative official for which no administrative appeal is otherwise provided, and for which consolidation is not required by subsection 3 of this section, any agency or aggrieved person may file a substantive SEPA appeal within fourteen (14) days of the issuance of the administrative decision approving, conditioning, or denying the proposal on the basis of substantive SEPA authority. Such substantive SEPA appeal shall be heard and decided by the Planning Commission Hearing Examiner in an open record hearing, unless the proposal is a project permit which has been subject to a previous open record hearing, in which case the SEPA appeal shall be a closed record appeal. The substantive SEPA appeal shall be heard in conjunction with any procedural SEPA appeal. The decision of the Planning Commission Hearing Examiner on the SEPA substantive appeal shall be final and not be subject to further administrative appeal. Moses Lake Council Packet 4-14-20, Page 141 of 243 b. For all proposals subject to final administrative action, approval, or recommendation, by a nonelected administrative official, for which an administrative appeal or further approval hearing is otherwise provided or required, any agency or aggrieved person may file a substantive SEPA appeal within fourteen (14) days of the issuance of the administrative decision approving, conditioning, or denying the proposal on the basis of substantive SEPA authority. Any substantive SEPA appeal shall be conducted in the same manner and with the same process as otherwise provided for the appeal or approval hearing of the underlying administrative action. c. The SEPA substantive determination to condition or deny a proposal shall be deemed to be conclusively in compliance with SEPA, the SEPA rules, and the provisions of this chapter, unless a SEPA substantive appeal is filed in accordance with this part. 7. For any appeal under this subsection, the city shall provide for a record to be made at any hearing that shall consist of the following: a. Findings and conclusions; b. Testimony under oath; and c. A taped or written transcript. 8. The city may require the appellant to provide a transcript at the appellant’s cost. 9. The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding, and the appellant shall bear the burden to establish a violation of SEPA, the SEPA rules, or the provisions of this chapter. D. The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. E. Notice/Statue of Limitations. 1. The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. 2. The form of the notice shall be substantially in the form provided in WAC 197-11- 990. The notice shall be published by the Finance Director or County Auditor, applicant or proponent pursuant to RCW 43.21C.080. 17.09.030 Preliminary Short Subdivision Conditions and Requirements: A. General Conditions and Requirements. 1. The subdivision shall make adequate provision for municipal improvements, street lighting circuits, alleys, drainage ways, irrigation water right-of-ways, other public ways, public access, and other improvements as deemed necessary in conformance with Community Street and Utility Standards, Chapter 17.21, Chapter 17.24 and other codes and regulations that are applicable. Moses Lake Council Packet 4-14-20, Page 142 of 243 2. The subdivision shall comply with all zoning and health regulations. 3. The subdivision shall be consistent with the Comprehensive Plan. 4. The applicant shall make arrangements with Grant County PUD for payment of all street lighting fees. 5. The subdivision shall provide for irrigation water right-of-ways pursuant to state law. 6. The subdivision shall not have been divided by a short subdivision within five (5) years by a different owner. 7. The subdivision shall consist of nine (9) or fewer lots. 8. Unless an applicant requests otherwise, and the Plat Administrator agrees, a preliminary subdivision application shall be processed simultaneously with the application for rezones, deviations, planned development districts, building plan approvals, and similar quasi- judicial or administrative actions to the extent that procedural requirements applicable to those actions permit simultaneous processing. 9. Every decision or recommendation made under this chapter by the City Council or Planning Commission Hearing Examiner shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. 10. Preliminary subdivision applications shall be approved, disapproved, or returned to the applicant for modification within the time limitations established by state law; provided, if an Environmental Impact Statement is required pursuant to state law, or if deviations are required, the time spent reviewing and circulating the Environmental Impact Statement and deviation request by the local governmental agency is not counted in the time limitation period. B. Specific Conditions and Requirements. 1. Prior to submitting a preliminary short subdivision application, the applicant shall schedule a pre-application conference with the Plat Administrator. During the pre-application conference, the applicant shall present a conceptual idea of the subdivision, and City personnel will respond informally to the applicant about potential items of concern or clarification, to aid the applicant in preparing the preliminary short subdivision application. 2. All preliminary subdivision applications shall be submitted to the Plat Administrator. 3. A completed preliminary short subdivision application shall include the following items: a. A completed preliminary subdivision application form, signed by the property owner, on a form provided by the Community Development Department. b. A non-refundable fee per Chapter 3.54. c. A reduced set of all application drawings, each drawing on eleven inch (11") by seventeen inch (17") paper. Smaller sized drawings may be approved by the Plat Administrator. Moses Lake Council Packet 4-14-20, Page 143 of 243 d. A plat certificate from a title company licensed to do business in the State of Washington confirming that the title of the lands corresponds with the owners described and shown on the plat and instrument of dedication. The plat certificate shall be dated within thirty (30) calendar days of filing. e. Twelve (12) full-size copies of the preliminary plat. The preliminary plat shall be a neat and accurate drawing, stamped and signed by a land surveyor. The preliminary short plat shall show sufficient detail and information to provide verification that the proposed subdivision layout can meet all approval requirements of a subdivision. The format shall be as specified in Chapter 17.15, with the ultimate goal of the applicant to provide a final plat per specifications in Chapter 17.15. Specific items that are required on a preliminary plat are listed below. 1) Name of proposed subdivision, names of all existing streets within the survey, and names of all proposed streets. 2) Boundaries of proposed subdivision established by the preliminary survey, and locations of the monuments found and established during the preliminary survey. 3) All proposed lots with their dimensions, lot numbers, block numbers, and lot areas. 4) Location and dimension of all existing and proposed streets, alleys, right-of-ways, municipal easements, public utility easements, and other public lands within and adjacent to the proposed subdivision. 5) Location and dimensions of all existing and proposed USBR irrigation water right-of-ways on and adjacent to the proposed subdivision. 6) Legal description of land within the proposed subdivision. 7) Name, address, and seal of the land surveyor who made the preliminary survey. 8) Date map is prepared, vicinity map, scale, north arrow, basis of bearing, vertical datum. f. Three (3) full-size copies of the site plan. Site plans shall be provided on a separate sheet from the plat, per site plan requirements listed in Chapter 17.15. g. Deviation requests. h. Traffic memos are required if the subdivision will increase traffic by more than one hundred (100) trips per day or more than ten (10) peak-hour trips. 17.09.060 Preliminary Short Subdivision Application Review Procedures: Moses Lake Council Packet 4-14-20, Page 144 of 243 A. After an acceptable short subdivision application is received, and within the time limitations established by state law, the Plat Administrator shall respond to the applicant in one of the following manners: 1. Preliminary approval is granted as submitted. 2. Preliminary approval is granted with modifications requested. 3. The proposed subdivision is denied and reasons stated. 4. Preliminary approval is withheld until all dedication and deviation requests are approved by the Planning Commission Hearing Examiner or City Council. B. Approval of the preliminary subdivision shall constitute approval for the applicant to develop construction plans and specifications for all facilities and improvements, and to prepare the final subdivision application. 17.12.030 Preliminary Major Subdivision Conditions and Requirements: A. General Conditions and Requirements. 1. The subdivision shall make adequate provision for roads, streets, curbs, gutters, sidewalks, street lighting circuits, alleys, municipal utilities (sewer, storm, and water), drainage ways, irrigation water right-of-ways, other public ways, public access, and other improvements as deemed necessary in conformance with Community Street and Utility Standards, Chapter 17.21, Chapter 17.24, and other codes and regulations that are applicable. 2. The subdivision shall comply with all zoning and health regulations. 3. The subdivision shall be consistent with the Comprehensive Plan. 4. The applicant shall make arrangements with Grant County PUD for payment of all street lighting fees. 5. Environmental information shall be prepared and submitted by the applicant in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended. Said information is a part of and shall accompany the preliminary subdivision application. 6. The subdivision shall provide for irrigation water right-of-ways pursuant to state law. 7. Unless an applicant requests otherwise, and the Plat Administrator agrees, a preliminary subdivision application shall be processed simultaneously with the application for rezones, deviations, planned development districts, building plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to those actions permit simultaneous processing. 8. Every decision or recommendation made under this chapter by the City Council or Planning Commission Hearing Examiner shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. Moses Lake Council Packet 4-14-20, Page 145 of 243 9. Preliminary subdivision applications shall be approved, disapproved, or returned to the applicant for modification within the time limitations established by state law; provided, if an Environmental Impact Statement is required pursuant to state law, or if deviations are required, the time spent reviewing and circulating the Environmental Impact Statement and deviation request by the local governmental agency is not counted in the time limitation period. B. Specific Conditions and Requirements: 1. Prior to submitting a preliminary major subdivision application, the applicant shall schedule a pre-application conference with the Plat Administrator. During the pre- application conference, the applicant shall present a conceptual idea of the subdivision, and City personnel will respond informally to the applicant about potential items of concern or clarification, to aid the applicant in preparing the preliminary major subdivision application. 2. All preliminary major subdivision applications shall be submitted to the Plat Administrator. 3. A completed preliminary major subdivision application shall include the following items: a. A completed preliminary subdivision application form, signed by the property owner, on a form provided by the Community Development Department. b. A non-refundable fee per Chapter 3.54. c. A reduced set of all application drawings, each drawing on eleven inch (11") by seventeen inch (17") paper. Smaller sized drawings may be approved by the Plat Administrator. d. A plat certificate from a title company licensed to do business in the State of Washington confirming that the title of the lands corresponds with the owners described and shown on the plat and instrument of dedication. The plat certificate shall be dated within thirty (30) calendar days of filing. e. Twelve (12) full-size copies of the preliminary plat. The preliminary plat shall be a neat and accurate drawing, stamped and signed by a land surveyor. The preliminary major plat shall show sufficient detail and information to provide verification that the proposed subdivision layout can meet all approval requirements of a subdivision. The format shall be as specified in Chapter 17.15, with the ultimate goal of the applicant to provide a final plat per specifications in Chapter 17.15. Specific items that are required on a preliminary plat are listed below. 1) Name of proposed subdivision, names of all existing streets within the survey, and names of all proposed streets. 2) Boundaries of proposed subdivision established by the preliminary survey, and locations of the monuments found and established during the preliminary survey. Moses Lake Council Packet 4-14-20, Page 146 of 243 3) All proposed lots with their dimensions, lot numbers, block numbers, and lot 4) Location and dimension of all existing and proposed streets, alleys, right-of-ways, municipal easements, public utility easements, and other public lands within and adjacent to the proposed subdivision. 5) Location and dimensions of all existing and proposed USBR irrigation water right-of-ways on and adjacent to the proposed subdivision. 6) Legal description of land within the proposed subdivision. 7) Name, address, and seal of the land surveyor who made the preliminary survey. 8) Date map is prepared, vicinity map, scale, north arrow, basis of bearing, vertical datum. f. Three (3) full-size copies of the site plan. Site plans shall be provided on a separate sheet from the plat, per site plan requirements listed in Chapter 17.15. g. An environmental checklist for the proposed subdivision is required to be completed by the applicant and submitted with all subdivision applications. h. Deviation requests. i. Traffic memos are required if the subdivision will increase traffic by more than one hundred (100) trips per day or more than ten (10) peak-hour trips. 17.12.060 Planning Commission Hearing Examiner Public Hearing: When the Plat Administrator determines that a subdivision application is acceptable, the Plat Administrator shall set a date for a public hearing before the Planning Commission Hearing Examiner. 17.12.080 Planning Commission Hearing Examiner Action: A. The Plat Administrator shall transmit the subdivision application, comments and recommendations from other offices and agencies, comments from the public, and comments and recommendations from City departments to the Planning Commission Hearing Examiner prior to the public hearing. B. The Planning Commission Hearing Examiner shall review the preliminary subdivision application, comments and recommendations, testimony, and exhibits submitted at the hearing and make recommendations thereon to the City Council to assure conformance of the proposed subdivision with the Comprehensive Plan, state and local codes, and Community Street and Utility Standards. The Planning Commission Hearing Examiner shall recommend that City Council approve, conditionally approve, or disapprove the preliminary subdivision. Moses Lake Council Packet 4-14-20, Page 147 of 243 17.12.090 City Council Action: If no appeal is taken from the decision of the Planning Commission, preliminary subdivision applications will be submitted to the City Council under Section 2.08.100. 17.12.150 Final Major Subdivision Recommendation and Approval: A. The Planning Commission Hearing Examiner shall review the final major subdivision application within the time limits established by state law for compliance with preliminary subdivision approval, state law, and all other requirements that were in effect at the time of preliminary subdivision approval, and shall approve or disapprove the final major subdivision. recommend to the City Council that said subdivision be approved or disapproved. B. City Council Action. 1. The City Council shall approve or disapprove the final major subdivision. 2. If the City Council finds that the final major subdivision conforms to the terms of preliminary major subdivision approval, the requirements of state law, and all other requirements that were in effect at the time of preliminary subdivision approval, the City Council shall approve the final subdivision. By the City Council’s approval, the City Manager is authorized to sign the final plat mylars for the City Council. 17.12.170 Recording Final Major Plat: A. The following approvals signatures are required on approved final plat mylars after all the fees and payments are accepted, and prior to recording: 1. City Engineer 2. City Manager for City Council 3. Planning Commission Chairman Hearing Examiner B. The Plat Administrator shall take two (2) original mylar plats with approval signatures to the Grant County Auditor for recording. One (1) of the two (2) mylar plats shall be conformed by the Grant County Auditor and returned to the City Engineer. C. Within two (2) years after a final plat is approved, the applicant shall provide all necessary documents, with notarized signatures of the owners, and all payments and fees that are required with the plat, to the Plat Administrator. If said documents and fees are not provided to the Plat Administrator within two (2) years of final plat approval, the plat shall be expired. 17.15.030 Specific Plat Requirements: Final plats shall include all survey map requirements required by state law, all requirements pertaining to the preliminary subdivision approval, and the following specific items. Moses Lake Council Packet 4-14-20, Page 148 of 243 A. A title box shall be on all sheets of the plat, and shall identify the business name of the firm or land surveyor that performed the survey. B. Each sheet of the plat shall be numbered consecutively with a sheet identification number such as “Sheet 1 of 2”. C. Each sheet shall have an identical heading at the top of the sheet. The heading shall be written per the following format, with modifications approved such that an accurate description is provided for the underlying property: (Name of the subdivision) Short Plat (or Major Plat) If applicable - A Replat of (list the underlying subdivision; or the portion thereof, with lot and block numbers) A Portion of the ___________ 1/4 of the ___________1/4 of Section ___________, Township ___________ N., Range ___________ E. WM., Moses Lake, Grant County, Washington. D. The Grant County Auditor’s Certificate shall be on the first sheet of the plat and read as follows: GRANT COUNTY AUDITOR’S CERTIFICATE Filed for record this ___________day of ___________, ___________at ___________O’clock ___________M. in Book ___________ of Major Plats (or Short Plats) at Pages ___________ through ___________, records of Grant County, at the request of the City of Moses Lake. ___________ Grant County Auditor ___________ by Deputy Auditor E. The Surveyor’s Certificate shall be on the first sheet of the plat and read as follows: SURVEYOR’S CERTIFICATE AND DECLARATION I hereby certify that this plat is a true and correct representation of the lands actually surveyed. I hereby declare that the (Plat Name) (Major or Short Plat) is based on an actual survey and subdivision of a portion of Section ( ), Township ( ) North, Range ( ) East, W.M.; that the survey was completed by me or under my direction; and that the distances, courses and angles are shown thereon correctly to the best of my knowledge, information, and belief; and that proper monuments have been set and lot corners are staked on the ground. F. The address and signature of the Land Surveyor shall be on the first sheet of the plat. G. The seal and date that the land surveyor stamped the plat shall be shown on each sheet of the plat. Moses Lake Council Packet 4-14-20, Page 149 of 243 H. The date of the survey shall be shown on the first sheet of the plat. I. The north arrow, which is based on the bearing datum, shall be shown on each sheet that includes a plan view of the subdivision or a vicinity map. J. A bearing datum and vertical datum shall be described on the first sheet of the plat When GPS is used to derive the bearings and elevations shown on the plat, the NAD 83 and NAVD 88 datums shall be used, and shall be stated in the Bearing Datum and Vertical Datum. Furthermore, the difference between the NAVD 88 elevation datum and the USBR elevation datum shall be shown in the Vertical Datum. When GPS in not used to derive the bearings and elevations, a bearing from a recorded document shall be shown between two primary control points. The primary control points shall be existing monuments that were found during the survey for the plat. Survey information for the primary control points shall be shown on the plat, which information shall tie the primary control points to the plat boundaries. The vertical datum shall be the USBR elevation datum. K. All subdivision boundaries, block boundaries, and lot boundaries shall be identified by straight line segments or curve line segments. L. All straight line segments and curve line segments that are described in the legal description shall be shown on the plat. M. All straight line segments on the plat shall include a bearing and a distance. N. All bearings shall be based on the approved bearing datum shown for the survey. The bearings shall be in degrees, minutes, and seconds; to the nearest second. O. All distances shall be to the nearest one-hundredth of a foot. When using distances derived from GPS, a note shall be placed on the first sheet of the plat that states the shown distances are ground distances. P. When a straight line segment is compiled as several straight line segments, the dimensions shall be rounded as necessary such that the summation of all the straight line segments shall be equal to the distance shown for the larger straight line segment or segments. Q. Where a distance and bearing or curve data is shown on the plat that spans more than two (2) points, leader lines shall be provided to clearly show the end points of the described line segment. R. All curves on the plat shall include delta angles, curve lengths, and curve radii. S. When straight line segment or curve line segment data are compiled in a table, the curve line segment and straight line segment data shall be labeled consistently throughout the plat. T. Tables for straight line segment and curve line segment data shall be shown on the same sheet on which the straight line segment or curve line segment is shown. Moses Lake Council Packet 4-14-20, Page 150 of 243 U. All boundaries for existing and proposed right-of-way, municipal easements, public land, and public utility easements, within and abutting the subdivision boundaries, shall be labeled on the plat and defined by the survey. V. A graphical scale shall be shown for each survey map. Plat scales shall be drawn one hundred feet (100') per inch, or at an alternate scale that is approved by the Municipal Services Director. Alternate scales shall be at ten (10), twenty (20), thirty (30), forty (40), fifty (50), or sixty (60) feet per inch; or multiples of ten (10) to these six (6) scales. W. Street names shall be shown on the plat for all streets being dedicated on the plat. Street names are authorized if they can be printed on a standard street name sign, they are not similar sounding to existing street names in the vicinity of Moses Lake, and they are not offensive in nature. Approved street names shall be shown on the final plat mylars. X. Final mylar plats shall be suitable for microfilming and digital filing, such that the quality of the microfilm and digital file are not diminished. Y. Final mylar plats shall be drawn without cross hatching, shading, and other highlighting techniques that diminish the legibility of the details or text on the plat. Z. All drafting details and text shall be drawn on the plat such that they are not overlapping and all details and text are distinguished independently from each other. AA. All text on the plat shall be no smaller than eight hundredths (0.08) of an inch, except that a smaller text is authorized on vicinity maps and land surveyor seals, provided that the smaller text is legible. BB. Final mylar plats shall not include adhesive materials affixed to the surface. CC. Information shall be shown on the plat to describe the permanent monuments that are shown for the survey. Such information shall include the type and size of the monument, type of encasement, and the latest date for all monuments found, established, or reestablished. Information about the monuments shall include the condition of the monument. If the monument defines a section corner, street intersection, or property boundary, that information shall be shown on the plat. When the surveyor does not accept the existing monument(s) for marking the intended locations, then the surveyor shall set a monument at the location that the surveyor has established. DD. Deed information along the boundaries of the plat shall be shown on the plan view of the subdivision. Deed information shall be clearly identified and referenced such that it is not mistaken for the current survey information. EE. The elevations of all subdivision boundary corner monuments shall be shown on the plan view of the subdivision and shall be based on the vertical datum. Elevations shall also be shown for existing monuments that are used to tie the subdivision boundary to the primary control monuments. FF. All ambiguities, hiatuses, and overlapping boundaries shall be identified on the plat. GG. Final mylar plats shall be either photo mylar with a fixed halide base, or permanent black ink on mylar that is coated with a suitable substance to assure permanent legibility. Moses Lake Council Packet 4-14-20, Page 151 of 243 HH. All signatures and writing on final mylar plats shall be in permanent, black ink. II. All sheets shall have blank borders of no less than two inches (2") on the left margin, three-fourths inch (3/4") on the top border, and one-half inch (½") on the remaining two (2) margins. JJ. All sheet sizes shall be either eighteen inches (18") by twenty-four inches (24"), or twenty- four inches (24") by thirty-six inches (36"). KK. A vicinity map shall be shown on the first sheet of the plat. The vicinity map shall show sufficient property surrounding the plat such that streets in the area are shown. All existing streets within the area of the vicinity map shall be labeled. The Municipal Services Director may approve the vicinity map to be placed on the second sheet of the plat when space constraints exist on the first sheet. The scale of the vicinity map shall be shown. LL. All USBR irrigation and drainage water right-of-ways within and abutting the subdivision shall be shown and labeled on the plat, with sufficient information, such that the location is defined with respect to the subdivision boundaries. MM. Property that abuts the subdivision shall be identified on the plat, including public areas, such as parks, streets, playgrounds, and the lake. Sufficient information shall be shown on the plat such that the locations of these areas can be determined with respect to the boundary corners of the subdivision. NN. Information about existing recorded right-of-way, municipal easements, public land, and public utility easements within or abutting the subdivision shall be shown on the plat. Copies of said records shall be included by the applicant with the preliminary subdivision application. All City right-of-way within the plat shall be previously deeded property, previously dedicated to the City, or shown as dedicated to the City of Moses Lake. OO. Names of existing subdivisions that abut the boundaries of the subdivision, or which existing subdivisions abut adjacent right-of-way to the subdivision, shall be shown on the plat. When the adjacent property is unplatted, the property shall be labeled as “unplatted”. PP. All municipal dedications provided by the owner upon recording the plat shall be explicitly shown on the plat. Municipal dedications shall be accompanied by the note “Dedicated to the City of Moses Lake”. QQ. Other dedications of public land shall be explicitly shown and described with sufficient language to establish that the dedication is provided with the recording of the plat. RR. Transmission line easements are authorized to be shown on the plat, provided that sufficient information is shown to describe the location of the easements with respect to the subdivision. Other private easements shall not be shown on the plat, but recorded documents of private easements may be required for review purposes. SS. All municipal boundaries, township lines, section lines, and street centerlines shall be shown on the plat if said lines are within the range of the survey or adjacent to the subdivision. Any of the said lines that are coincident with each other shall be identified as such on the plat. TT. Abbreviations that are used on the plat shall be defined in the legend for the plat. However, the following abbreviations that are defined below do not require a definition in the plat legend. Moses Lake Council Packet 4-14-20, Page 152 of 243 ± more or less AFN auditor’s file number B.C. brass cap E., W., N., S. East, West, North, or South, respectively in inch I.P. iron pipe ft foot M.L. Moses Lake Mon. monument Mun. Esmt. municipal easement No. number PLS land surveyor P.U. Esmt. public utility easement R range Rebar reinforcing steel bar R.O.S. record of survey ROW right-of-way S Section Sq. square T Township USBR United States Bureau of Reclamation W.M. Willamette Meridian UU. Each lot area shall be shown on each lot of the plat, or within a table. If a table of lot sizes is provided, the table shall be on the same sheet as the lots the table pertains to. VV. A legend shall be provided on each plan view sheet to define the line types, abbreviations, and symbols that are used on the sheet. WW. Approvals statements for short subdivisions shall be included on the last sheet of the plat and read as follows: Moses Lake Council Packet 4-14-20, Page 153 of 243 EXAMINED AND APPROVED by the Moses Lake City Engineer on ___________ 20___________. ___________ City Engineer EXAMINED AND APPROVED by the Community Development Director on ___________, 20___________. ___________ Community Development Director EXAMINED AND APPROVED by the Moses Lake City Manager on ___________, 20___________. ___________ City Manager XX. Approval statements for major subdivisions shall be included on the last sheet of the plat and read as follows: Moses Lake Council Packet 4-14-20, Page 154 of 243 Moses Lake Council Packet 4-14-20, Page 155 of 243 YY. Dedication and acknowledgment statements shall be on the last sheet of the plat and read as follows: Moses Lake Council Packet 4-14-20, Page 156 of 243 ZZ. The Grant County Treasurer’s Certificate shall be on the last sheet of the plat and read as follows: AAA. The Grant County Assessor’s Approval is not required but is often provided. If the Grant County Assessor’s Approval is included, it shall be on the last sheet of the plat and read as follows: BBB. All existing and proposed covenants, approved with the plat, shall be recorded separately from the plat, and shall be noted on the first sheet of the plat and read as follows: Covenants: Covenants, as approved with the plat, are recorded as a separate document under Auditor’s File Number ___________ Records of Grant County, Washington. CCC. The legal description shall be on the last sheet of the plat. All boundary information in the legal description shall be shown on the plat. If the legal description is different from the survey information shown on the plat, the information from the legal description shall be referenced on the survey, to clearly identify the lines being described by the legal description. DDD. The following line types shall be used between plats in the City of Moses Lake. Line types that are used shall be consistent with the examples shown below, and shall be described in the plat legend. Where the line types shown and described coincide with each other or with other Moses Lake Council Packet 4-14-20, Page 157 of 243 described line types, the line type that is closer to the top of the list shall be the dominant line shown on the plat. EEE. All lot numbers and block numbers for the subdivision shall be Arabic numerals. FFF. All blocks shall be consecutively numbered, beginning with the number 1. GGG. All lots within a single block shall be consecutively numbered, beginning with the number 1. (Ord. 2672, 2/12/13; Ord. 2618, 6/28/11; Ord. 2576, 7/27/10) 17.33.010 Waivers, Deferrals, and Deviations: There is established a procedure for granting a waiver, deferral, or deviation of the regulations contained in this title, as follows: A. Any subdivider can make application to the Community Development Department for a waiver, deferral, or deviation or any provision contained in this title provided the request is received concurrently with the proposed subdivision or dedication. Such application shall include any and all details necessary to support the application. B. The Hearing Examiner Planning Commission shall not recommend a waiver, deferral, or deviation of the subdivision regulations unless it shall find that the following conditions exist in each case of a request: Where, because of the size of the tract to be subdivided, its topography, the condition or nature of adjoining areas, or the existing or unusual physical conditions, the strict compliance with the Moses Lake Council Packet 4-14-20, Page 158 of 243 provisions of this title would cause an unusual and unnecessary hardship on the subdivider, the designated approving body may waive, defer, or deviate from the requirements set forth in this title. In recommending a waiver, deferral, or deviation, the Hearing Examiner Planning Commission may require such conditions as will secure, in so far as practicable, the objectives of the requirement waived, deferred, or deviated from. Any waiver, deferral, or deviation authorized shall be entered in the minutes of the Hearing Examiner Planning Commission together with the circumstances that justify the waiver, deferral, or deviation granted. C. If a preliminary plat has not been approved as final within one (1) year for a short plat or seven (7) years for a major plat after the waiver, deferral, or deviation is granted, that waiver, deferral, or deviation shall become null and void. Any extension of the plat applies to the waiver, deferral, or deviation. 18.09.030 Zone Boundaries: A. Zone boundaries, unless otherwise indicated, are lot lines or the center line of streets and alleys as shown on the official Zoning Map. Where the street layout actually on the ground varies from that shown on the Zoning Map, the designations shown on the map shall be applied to the streets as actually laid out so as to carry out the intent and purposes of this title. Where the location of the zone boundaries are shown on the Zoning Map to be other than street, alley, or lot lines, the depth of the zone shall be the same as that measured by scale on the official Zoning Map. B. If a boundary line cuts a property having a single ownership as of record at the time of the passage of the ordinance codified in this title, the property may be used in conformance with the zoning designations and boundaries as shown on the official Zoning Map. A property owner in this case may apply to the Hearing Examiner Planning Commission for permission to make use of all his property in accordance with the less restrictive zone. 18.20.030Allowed Uses: A. The residential land uses table indicates where categories of land uses may be permitted and whether those uses are allowed outright or by conditional use permit. Only residential zones are included in this table. Land uses not listed are prohibited unless allowed through the process specified in Section 18.20.020(D). Further interpretation of these zones may be obtained as specified in Section 20.03.020(B). Land uses are also subject to any footnotes contained within this chapter. B. The symbols used in the table represent the following: 1. An “A” in a table cell indicates that the use is allowed subject to the applicable standards in this code in the zone listed at the top of the table. Moses Lake Council Packet 4-14-20, Page 159 of 243 2. A “C” in a table cell indicates that the use is allowed by conditional use permit, subject to the conditional use provisions in Chapter 18.51 and any additional standards specified. 3. An “X” in a table cell indicates the use is not allowed in the zone listed at the top of the table. C. Procedural requirements for permits are described in Title 20. D. Uses similar to those listed may be established as allowed or conditionally allowed through the interpretation procedures in Section 20.03.020(B). In determining whether a use should be permitted, the Community Development Director shall refer to the purpose statements found in Section 18.20.010 and the latest version of the North American Industry Classification System. USE CATEGORIES R-1 R-2 R-3 R-4 TABLE 1: LAND USES IN RESIDENTIAL ZONES Residential Single-family detached dwelling A A A A Single-family attached dwelling, each unit on its own lot of record A A A X Factory built residential structure not on a permanent chassis A A A A Factory built housing constructed to the standards of the State Building Code A A A A Manufactured home A A A A Duplex X A A X Multi-family dwelling units X X A X Condominium (in compliance with Chapter 18.67) A A A A Accessory dwelling unit (in compliance with Section 18.20.055) A A A X Manufactured home park (in compliance with Chapter 18.65) X C C X Temporary occupancy of recreational vehicle1 X C C X Commercial Adult family home2 A A A A Assisted living facility X X C X Family day care3 A A A A Day care center – in home4 C C C X Day care center – not in home5 X X C X Home occupation (in compliance with Chapter 18.55) A A A A Professional office X X C X Golf course C C C C Moses Lake Council Packet 4-14-20, Page 160 of 243 USE CATEGORIES R-1 R-2 R-3 R-4 TABLE 1: LAND USES IN RESIDENTIAL ZONES Clubs, lodges, assembly halls X X C X Athletic clubs X X C X Clinics, hospitals X X C X Hotels, motels X X C X Marinas X X C X Recreational vehicle parks (in compliance with Chapter 18.71) X X C X Commercial uses not specifically listed X X X X Cryptocurrency mining X X X X Data centers/server farms X X X X Transportation, Communication, and Utilities Wireless communication facilities, in compliance with Chapter 18.78 X X X X Local utilities, below ground A A A A Local utilities, above ground C C C C Regional utilities C C C C Public and Institutional Park, playground, athletic field, other noncommercial recreation A A A A Schools – public and private C C C C Churches and church structures or additions which may exceed 30' in height, and appurtenant uses C C C C Cemeteries C C C C Agricultural Commercial cultivation of land for agricultural products, vineyards, gardening, fruit growing, greater than 1/4 acre C C C C Commercial cultivation of land for agricultural products, vineyards, gardening, fruit growing, less than 1/4 acre A A A A Keeping of livestock, poultry other than chickens regulated by Chapter 6.07, rabbits, or bees (in compliance with Section 18.20.160) X X X A Selling of agricultural products raised or grown on premises X X X A Stables, riding academies, commercial dog kennels X X X C Commercial produce stand (selling of seasonal agricultural products) X X X C Moses Lake Council Packet 4-14-20, Page 161 of 243 USE CATEGORIES R-1 R-2 R-3 R-4 TABLE 1: LAND USES IN RESIDENTIAL ZONES Miscellaneous Accessory use appurtenant to any primary use and not otherwise prohibited A A A A Removal of soil or other natural materials for the purpose of sale or use as fill material6 X X X X Cargo containers X X X X Footnotes for Table 1: 1. A. The following criteria shall be met: 1) Applicant must be a nonprofit organization. 2) The request is associated with a construction project which requires a conditional use permit. 3) The location and siting of the RV units shall comply with Section 18.65.080, Setbacks and Separations, Chapter 16.36, Fire Code, and Chapter 16.48, Fire Hydrants. B. In addition to any other conditions the Hearing Examiner Planning Commission sets on the project, the following requirements shall be stipulated as conditions of the conditional use permit: 1) The duration of the conditional use permit shall be specified and shall not be allowed to exceed the life of the building permit. 2) The number of RV units to be allowed. 3) The RV site shall be left free of litter, debris, or other evidence of RV occupation upon the completion or removal of the use. 4) A solid waste disposal plan shall be provided. 2.An adult family home shall be licensed by the State of Washington Department of Social and Health Services, and a City business license shall be required. 3.Family day care homes shall be licensed by the State of Washington Department of Social and Health Services and shall operate in compliance with the licensed capacity requirements for family day care homes. Certification by the office of child care policy licensor as providing a safe passenger loading area and a City business license shall be required. The building and lot shall comply with all building, fire, safety, and health code requirements, and shall conform to the lot size, building size, setbacks, and lot coverage standards of the zone, except for legal nonconforming structures. Signage shall not be allowed. Hours of operation may be limited to facilitate neighborhood compatibility, while also providing appropriate opportunities for persons who use family day care and who work a nonstandard shift. Proof that adjacent property owners have been notified in writing of the intent to locate and maintain such a facility shall be required. 4.This shall be a day care facility that provides for the care of no more than twenty (20) children in the family abode of the person holding the license issued by the Washington State Department Moses Lake Council Packet 4-14-20, Page 162 of 243 of Social and Health Service. Day care centers must be in compliance with the following requirements: A. Outdoor play areas shall not be located in front yards. B. One (1) on-site parking space is required for each employee in addition to the required resident parking. C. An on-site, off-street loading and unloading area shall be required. D. A City business license shall be required. E. Signage shall not be permitted in the R-1, R-2, or R-4 Zones. F. No structural or decorative alteration which would alter the character or be incompatible with the surrounding residences shall be permitted. G. The use and structures shall be in compliance with zoning regulations and State Building Code requirements. H. Day care centers shall be licensed by the State of Washington Department of Social and Health Services and shall operate in compliance with the licensed capacity requirements as determined by the State of Washington Department of Health Services, unless the Planning Commission stipulates fewer children. I. The Hearing Examiner Planning Commission may impose conditions to mitigate any potential adverse impacts on the surrounding area. 5. Subject to the following conditions: A. Day care facilities shall be licensed by the State of Washington Department of Social and Health Services and shall operate in compliance with the licensed capacity requirements as determined by the State of Washington Department of Health Services, unless the Hearing Examiner Planning Commission stipulates fewer children. B. One (1) on-site parking space shall be required for each employee on the largest shift. C. An on-site loading and unloading area shall be required. 6.Excavation for the purpose of on-site construction or landscaping is permitted. 18.20.120 Fences, Walls, and Hedges: A. Solid fencing shall not obscure sight at intersection. B. All corner lots shall maintain a vehicular sight triangle for safety purposes. A sight triangle shall be formed by measuring from the intersection of the extended curb line or the traveled right-of-way (if no curbs exist) of the adjacent street to a distance of fifty feet (50') from the corner point. The third side of the triangle is the straight line connecting the two (2) fifty foot (50') sides. Within the area comprising the triangle, no fence, shrub, or other physical obstruction higher than thirty-six inches (36") above the established street grade shall be permitted. See Figure 1. Figure 1 Moses Lake Council Packet 4-14-20, Page 163 of 243 C. Fences and walls shall not exceed four feet (4') above finished ground level outside of the vehicle sight triangle in any front yard or corner lot exterior side yard, except for the following: 1. In the R-4 Zone, chain link, woven wire, or split rail fences, not to exceed five feet (5') in height, are permitted. Fences of other materials and sight obscuring fences shall not exceed four feet (4'). 2. For a corner lot in the R-1, R-2, or R-3 Zone, the street frontage along the side of the house may have a fence up to six feet (6') in height; provided, that the fence is set back from the sidewalk at least five feet (5'), and the area between the fence and the sidewalk is maintained in irrigated landscaping that meets the requirement of a Type IV street frontage buffer as specified in Chapter 18.57 at a minimum. The six foot (6') fence may extend no closer to the street frontage along the front of the house than twenty-five feet (25') or even with the front of the house, whichever is more. The sight triangle provisions of subsection B of this section must also be met. 3. When one (1) of the frontages of a through lot is a primary or secondary street, sight obscuring fences not exceeding six feet (6') in height may be built inside the property line to within five feet (5') of the sidewalk abutting the primary or secondary street, provided the following requirements are met unless otherwise approved by the Hearing Examiner Planning Commission: a. The adjacent strip of land between the fence and the back of the adjacent sidewalk shall be improved by the property owner concurrent with the fence installation. b. The property owner shall provide a treatment plan for the strip of land as part of the building permit application process. c. The treatment plan shall provide for minimum treatment with grass, decorative rock, wood, bark, or any combination of such materials or similar materials in a manner that will minimize disturbance by natural elements or pedestrians. Additional landscaping is encouraged. d. Approved landscaping installed between the fence and the property line shall be permanently maintained in a healthy growing condition. Dead, diseased, and dying material shall be replaced immediately. Planted areas shall be maintained clear of rubbish and debris. Moses Lake Council Packet 4-14-20, Page 164 of 243 e. Fences proposed along Valley Road, Yonezawa Boulevard, Grape Drive, Division Street, and Nelson Road shall be three (3) dimensional, capped or framed, with twelve inch (12") wide pilasters located a maximum of sixteen feet (16') apart. Pilasters shall be of contrasting materials. The use of durable materials, such as masonry, is strongly encouraged. Masonry columns a minimum of two feet (2') wide may be placed every forty-eight feet (48') maximum if used in place of pilasters. All wood materials used must be painted or stained. Fences that are not consistent with the conditions specifically stated in this section may be allowed subject to the approval of the Hearing Examiner Planning Commission. f. Lots contained within subdivisions may not apply for an individual fence permit unless the majority of the lots with arterial street frontage within that subdivision have already legally constructed six foot (6') high fencing along the frontage. If less than the majority of said lots have six foot (6') high fencing, then a subdivision fence pursuant to subsection K of this section is required. D. Fences and walls shall not exceed eight feet (8') above finished ground level in any interior side or rear yard. E. Fences along walkways, pedestrian paths, or activity trail links open to the public shall be no more than four feet (4') solid or six feet (6') open in height or a combination of both with a maximum of four feet (4') solid portion starting from the top of the walkway, pedestrian path, or activity trail. Fencing located within the front or exterior side yard setback area may not exceed four feet (4') in height. All fencing materials must be located inside the property line, and a landscaping treatment is required for the exterior side of the fence up to the hard surface pathway. This area shall be maintained by the property owner. The landscaping treatment plan is required in conjunction with the fence permit application and shall include a minimum treatment of grass, decorative rock, wood, bark, or any combination of such materials, or similar materials, in a manner that will minimize disturbance by natural elements or pedestrians. Additional landscaping is encouraged. F. All fences in residential zones shall be constructed of material commonly used in residential fence construction, such as wood, masonry, ornamental iron, chain link, and similar material. Fences of synthetic materials that have the functional equivalence of natural or traditional material may be substituted. Fences shall not be made of tires, or similar salvage materials, not originally designed as structural components of fences or buildings. G. Electric fences and barbed wire fences shall be prohibited, except in the R-4 Zone where they may be used to contain livestock. Such fences shall not be located within the front yard setback area or along property lines adjacent to other residential and commercial zones and shall be removed when the livestock use has been discontinued. Electric fences shall be posted with permanent signs every fifty feet (50') stating that the fence is electrified. All electric fences and appliances, equipment, and materials used in connection therewith shall be listed or labeled by a qualified testing agency and shall be installed in accordance with manufacturer’s specifications and in compliance with the National Electrical Code. H. Responsibility of Owners and Occupants. 1. It shall be the responsibility of the owner and/or occupant of the property where a fence is erected to maintain the structure in good repair at all times. When a portion of the fence exceeding twenty-five percent (25%) of the street frontage is found to be in a deteriorated Moses Lake Council Packet 4-14-20, Page 165 of 243 condition and/or in need of repair, including, but not limited to, broken or missing structural components, and/or the fence is substantially less than perpendicular to grade, the Building Official, or his or her authorized agent, may order the fencing to be repaired, replaced or removed depending on the condition of the fence. Such order shall be in writing. If the fencing is ordered to be replaced, then new fencing shall meet the current regulations. 2. The provisions of this section shall not apply to fences, walls, or shrubbery owned or maintained by the City, or to fences constructed or maintained by any other governmental body or agency, for which the principal purpose is inherent to public safety. I. An installation permit shall be required for the construction, erection, or installation of a fence or wall. All permit applications shall be reviewed and approved by the Building Official and the City Engineer for vehicular and pedestrian safety. Fences and walls exceeding six feet (6') in height are regulated by the State Building Code and require a building permit and associated fees. J. Additional information about fences is contained in Chapter 12.28. K. Subdivision Fencing. Border fences or walls not to exceed six feet (6') in height along streets bordering the subdivision and tapering to no higher than three feet (3') at street intersections and/or subdivision entrances may be permitted for new subdivisions under the following conditions: 1. The subdivision must be designed for interior street access to all lots abutting the border street(s). 2. If such a fence is proposed it must be for all or a majority of the arterial street frontage the subject lots abut. Individual fences taller than forty-eight inches (48") on independent lots will not be permitted in the required setback areas. 3. Fences shall be three (3) dimensional, capped or framed, with twelve inch (12") wide pilasters located a maximum of sixteen feet (16') apart. Pilasters shall be of contrasting materials. The use of durable materials, such as masonry, is strongly encouraged. Masonry columns a minimum of two feet (2') wide may be placed every forty-eight feet (48') maximum if used in place of pilasters. All wood materials must be painted or stained. 4. The fence may be installed along the public right-of-way line provided there is a minimum of five feet (5') of irrigated landscaping between the fence and the street improvements (sidewalk, curb, gutter, street trees). Border fences may not extend into the front yard on corner lots. 5. A five foot (5') width of landscaping is required between the fence and the abutting arterial, except that if the arterial is SR-17 then landscaping must comply with Section 18.57.040. Landscaping for all other arterials must include one (1) of the following landscaping options: a. Deciduous trees planted at an average spacing of twenty-five feet (25'), and a mix of evergreen and deciduous shrubs, spaced no further than four feet (4') apart that do not exceed a height of four feet (4'), and nonliving groundcover; or b. Deciduous trees planted at an average spacing of twenty-five feet (25'), and live groundcover. Moses Lake Council Packet 4-14-20, Page 166 of 243 6. The type and design of the fence and landscaping shall be reviewed and approved by the Hearing Examiner Planning Commission, and may be concurrent with the subdivision review process. The review shall include the fence material, landscaping, maintenance and the timing of the installation of fence and landscaping. All applications for subdivision fencing or walls shall be reviewed by the City Engineer for vehicular and pedestrian safety. 7. All landscaping elements, plant materials, and street trees shall be planted or installed by the developer and permanently maintained pursuant to Section 18.57.090 by a homeowners’ association. In the absence of a homeowners’ association (i.e., if it is disbanded), landscaping shall be maintained by the individual property owner. 8. A homeowners’ association, or similar organization, is required and shall perpetually maintain the fence and the landscaping. The developer and/or homeowners’ association shall provide evidence of such perpetual maintenance. The Community Development Director shall approve the evidence of the homeowners’ association. 9. An irrigation system designed for the health of the street trees on arterial streets maintained by the homeowners’ association or individual owner shall be required. 18.30.050 Development Standards for Commercial Zones: A. Purpose. This section establishes the development standards and site requirements for uses in the commercial zones. The standards and rules are established to provide flexibility in project design, prevent fire danger, provide adequate access and circulation, reduce incompatibilities, and prevent overloading of infrastructure due to the impacts of development. B. Explanation of Table. Development standards are listed down the left column of the table and the commercial zones are identified across the top row. The matrix cells contain the requirements of each zone. The footnotes identify particular requirements applicable to a specific use, standard, or zone. Additional requirements for the NC Zone are found in Chapter 18.31. Development Standards C-1 C-2 C-1A NC TABLE 2: DEVELOPMENT STANDARDS IN COMMERCIAL ZONES Minimum lot size NR NR NR See Section 18.31.020 Maximum lot size NR1 NR NR1 3 acres Maximum building height 100'2 100'2 100'2 See Section 18.31.040 Moses Lake Council Packet 4-14-20, Page 167 of 243 Development Standards C-1 C-2 C-1A NC TABLE 2: DEVELOPMENT STANDARDS IN COMMERCIAL ZONES Minimum front yard setback3 NR 15' NR See Section 18.31.030(A) Maximum front setback 0'4 NR NR See Section 18.31.030(A) Exterior side yard setback3 NR 15' 0' See Section 18.31.030(B) Interior side yard setback3 NR NR NR See Section 18.31.030(B) Rear yard setback3 NR NR NR See Section 18.31.030(C) Landscaping required (Chapter 18. 57) New parking lots only Yes New parking lots only Yes. Additional requirements at Section 18.31.060 Buffer requirements NR Chapter 18.57 NR Section 18.31.060 Signage Chapter 18.58 Chapter 18.58 Chapter 18.58 Chapter 18.58 and Section 18.31.090 Outside storage allowed No Section 18.30.1 10 Section 18.30.1 10 No Fencing requirements Section 18.30.1 20 Section 18.30.1 20 Section 18.30.1 20 Sections 18.30.120 and 18.31 .060 Parking required (Chapter 18. 54) For residential only Yes For residential and lodging only Yes Ground floor window standards Section 18.30.1 50 NR Section 18.30.1 50 Section 18.30.150 Pedestrian requirements NR Section 18.30.1 60 NR Section 18.30.160 NR = No requirement for the zone. Other regulations may apply. Footnotes for Table 2: Moses Lake Council Packet 4-14-20, Page 168 of 243 1. No maximum lot size; however, any use over two (2) acres requires Hearing Examiner Planning Commission approval as a conditional use. 2. The Hearing Examiner Planning Commission may allow buildings or structures to be erected to an additional height after a public hearing and examination of the location and upon due proof to the satisfaction of the Hearing Examiner Commission that the additional height will not be detrimental. 3. Setbacks. A. Within the setback area shown on Table 2, no building or structure (as defined in Section 18.03.040) shall be allowed, except flagpoles, street furniture, transit shelters, signage, fencing, slope stability structures, and improvements less than thirty inches (30") above grade, including decks, patios, walks, and driveways. Some of these structures and improvements require a permit. Eaves, cornices, and awnings may project into the required setback no more than two feet (2'). B. The setbacks shown in the table are zoning setbacks. Larger setbacks may be required by the State Building Code, State Fire Code, sight distance requirements, or landscaping requirements (Chapter 18.57). 4. Portions of the building may be set back further than the maximum setback to allow for features that encourage pedestrian use and activity along the street, such as building modulation, pedestrian plazas or courtyards, covered or recessed entryways, commercial uses or displays (such as vendors, newsstands, or cafes), public art (such as water features or sculptures), or seating and/or planter areas. 18.31.010 Purpose: The purpose of this chapter is to provide standards for the NC zone to ensure compatibility with adjacent uses. This chapter supplements the requirements in MLMC 18.30, Commercial Zones. The NC zone provides for small-scale shopping areas that offer retail convenience goods and personal services for the daily needs of nearby neighborhoods. This zoning district is designed to reduce trips by providing convenient shopping. The allowed uses serve the neighborhood. Uses that tend to draw traffic into the neighborhood are not allowed. NC zones are located on transit routes and near pedestrian facilities and bike paths to encourage transit use, walking, and biking. NC zones should not be located within one (1) mile of another NC zone. Each neighborhood commercial area is compact to prevent strip commercial development. Buildings are located so customers can walk from building to building to meet their daily needs. Neighborhood commercial sites are limited in size to keep them in scale with nearby uses and the neighborhoods they serve. In addition, high quality design and landscaping is used to make the area attractive and functional and to minimize negative impacts on nearby uses. Other measures, such as buffering requirements and limits on hours of operation, may be used to reduce impacts to nearby residences. Mixed use and above-ground-floor residential uses are encouraged. The decision to place a Neighborhood Commercial Zone and its specific location and size begins with a recommendation from the Planning Commission to the City Council for final decision and is subject to public review. Moses Lake Council Packet 4-14-20, Page 169 of 243 18.31.040 Maximum Height of Structures: A. Purpose. The maximum height of structures maintains Moses Lake’s visual character and limits potential overburdening of related infrastructure. Shoreline height limits are established to protect habitats and the aesthetic resources of the shoreline while preserving views in shoreline areas. B. Requirements. 1. Building heights shall not exceed the maximum height limit of the adjacent zoning district. If more than one (1) zoning district abuts the NC zone, the lower height limit shall apply, except that a property owner may request that the Hearing Examiner Planning Commission apply the greater height limit. 2. Maximum height requirements set the limit measured from the finished grade above which structures shall not extend. Antennas, flagpoles, and heating, cooling, and ventilation equipment may exceed the height limit by not more than fifteen feet (15'). For additional shoreline regulations, refer to the Shoreline Master Program. 3. Allowable Height Increase. The maximum height of structures may be increased by up to ten feet (10') if at least one (1) of the following features are constructed as part of the development and the intent of this chapter and MLMC 18.30, Commercial Zones, is met: a. The building has a pitched roof. b. No mechanical equipment is located on the roof. c. The existing grade under the proposed building pad is at least ten feet (10') below the grade at the property lines of all properties in adjoining zones that abut the development site or are across the street from the development site. 18.31.050 Allowed Residential Density: A. Purpose. The allowed residential density maintains the desirable character of neighborhood commercial areas and prevents public nuisances that may result from overcrowding residential housing units within neighborhood commercial areas. B. Requirements. To determine allowed density, the gross land area of the site is multiplied by the allowed density per acre in the adjacent zoning district. If the NC zone abuts more than one (1) residential district, the lower density shall apply, except that a property owner may request of the Hearing Examiner Planning Commission to apply the greater residential density. Example: 21,780 Gross site area X 4/43,560 R-1 zone allowed density (4 units/acre) =2 Maximum allowed dwelling units Moses Lake Council Packet 4-14-20, Page 170 of 243 18.31.070 Service Areas: A. Intent. 1. To reduce the visibility of service areas, mechanical equipment, trash and recycling containers, and other similar uses, while maintaining accessibility for service providers and users. 2. To mitigate the off-site visual impacts of service and mechanical equipment areas when siting alone does not adequately mitigate impacts. B. Design Criteria. 1. Locate service areas, utility vaults, mechanical equipment, and waste receptacles (trash containers, compactors, and mechanical equipment) behind buildings, in the back of the property, or away from highly visible areas to minimize visual, noise, and physical impacts on the site, street environment, and adjacent properties. 2. Locate waste receptacles in areas convenient for on-site use and accessible for collection. Waste receptacles may not be placed within thirty feet (30') of a residential property line, except that the Planning Commission may approve a location within thirty feet (30') if it can be shown that the receptacle will not emit odors or otherwise create a nuisance to the adjacent residential property. 3. Where service elements (refuse and recycling collection areas) are visible from the sidewalk or adjacent properties, the elements shall be screened on all sides with materials similar to or consistent with the design of the primary structure(s) on the site. 4. Roof top mechanical equipment shall be screened from view by such methods as roof wells or parapets. 5. Design and select landscaping and structural materials of sufficient size, quantity, and height to effectively screen service elements and to make them compatible with the associated buildings. 6. Screening should incorporate landscaping. 7. For all types of service area screening, use materials and colors that are consistent and compatible with those used for the building. Moses Lake Council Packet 4-14-20, Page 171 of 243 18.35.030 Conditional Uses: The following conditional uses may be permitted provided they comply with development standards of this chapter: A. Light industrial uses B. Warehousing and storage C. Agricultural aircraft mixing/loading sites D. Locating steel sea or ocean-going containers marked with the American Bureau of Shipping’s Emblem or meeting the International Standard Organization’s standards which can be detached from a trailer, chassis, or frame and, which were formerly used for transporting sea or ocean-going cargo when intended to be used as storage facilities with the following conditions being required as a minimum: 1. Be used as an appurtenance to the primary use; such primary use being situated in an enclosed adjoining building. 2. Be placed on concrete, asphalt, or level, compacted, hard surface at all times. 3. Be painted so as to blend in with the building to which it is associated. 4. Not be visible to the motoring public or from residential neighborhoods immediately adjacent to the property where it is located unless other measures are employed to mitigate the visual impacts of the containers formerly used for transporting sea-going cargo, which measures shall be approved by the Hearing Examiner Planning Commission, provided, that the Hearing Examiner Planning Commission does not need to require mitigation measures if it is felt that the motoring public or adjacent residential neighborhoods are not impacted. 5. Have a maximum allowable square footage of container storage area not to exceed ten percent (10%) of the gross floor area of the building with which the container(s) is associated. In no event shall the number of containers allowed as appurtenant storage facilities exceed three (3) in number. 6. Be located on premises as an appurtenant storage facility. 7. Not be stacked. 8. Abide by all set back requirements applicable to the zone in which it is located. 9. The recipient of the conditional use permit is the only party allowed to use the container. 18.35.050 Development Standards: Nothing contained herein shall require any change or alteration of a lawfully constructed or established structure or use in existence at the time of adoption or amendment of these regulations. These regulations are intended to regulate the erection or establishment of any new structure or use; the moving or relocation of any structure or use to a new location; the operation Moses Lake Council Packet 4-14-20, Page 172 of 243 or continuance, at any time following the effective date of these regulations, or any structure or use which has been lawfully established, erected, remodeled, or rehabilitated; and the change from one use to another of any structure, or land, or the re-establishment of a use after its discontinuance for a period of one hundred and eight (180) consecutive days or more. A. General. 1. All uses shall be compatible with the continued operation of the airport. No uses shall be allowed which: a. Release into the air any substances which would impair visibility or otherwise interfere with the operation of aircraft. b. Produce light emissions, either direct or indirect (reflective), which would interfere with pilot vision including the reduction of night vision capability of pilots while on the ground. c. Produce emissions which would interfere with aircraft communications systems or navigational equipment. 2. No temporary or permanent development intended for human occupancy may be erected, moved to or occupied within the Moses Lake Municipal Airport Zone except those facilities necessary to temporarily shelter individuals responding to an emergency as identified by the City of Moses Lake or other governmental entity and those necessary to house workers on a temporary basis. 3. No uses shall cause or produce objectionable effects which would impose a hazard or nuisance to adjacent properties by reason of smoke, soot, dust, radiation, odor, noise, vibration, heat, glare, toxic fumes or other conditions that would adversely affect the public health, safety, and general welfare. 4. No uses which are labor intensive or which promote the concentration of people for extended periods of time shall be permitted, except as expressly authorized in this section. 5. No uses which require the manufacturing or warehousing of materials which are explosive, flammable, toxic, corrosive, or otherwise exhibit hazardous characteristics shall be permitted except for the storage of aircraft fuel, oil, hydraulic fluid, paint, and materials intended for aerial application for agricultural purposes provided those materials are warehoused, and loaded and unloaded according to this chapter. 6. The delivery, storage, loading, unloading, dispensing and clean-up of pesticides and fertilizers intended for aerial application for agricultural purposes shall be accomplished according to the timetable and applicable portions of Washington State Department of Agriculture regulations Chapter 16-229 and 16-201 dated March 1994 of the Washington Administrative Code. 7. No structure or any portion thereof on the premises of a permitted use shall be used for a residential dwelling by the owner, operator, caretaker, their family members or others except those facilities necessary to temporarily shelter of individuals responding to an emergency as identified by the City of Moses Lake or other governmental entity. Moses Lake Council Packet 4-14-20, Page 173 of 243 B. Noise. 1. Noise originating from aircraft in flight and that is directly related to flight operations shall be expected to impact people in surrounding zones and is generally exempt from noise standards. Noise from aviation testing and maintenance, that is not related to imminent flight, shall be restricted to certain hours, locations, or other effective conditions by the City Council upon finding that the noise causes unreasonable impacts. 2. Reserved for noise levels from other than flight operations. C. Lighting. 1. Structural lighting with the exception of airport navigational lighting shall not project directly into any residential zone. 2. Sign and building exterior lighting shall not project directly into the runway, taxiway, or airport approach surfaces to the extent that it is a hazard or a distraction to aircraft. 3. Lighting of vehicle and aircraft parking areas shall not create a nuisance to adjacent zones nor shall it pose a hazard to other vehicular traffic. 4. Airport lighting used to illuminate runways, taxiways, airplane parking areas and to provide visual guidance for landing aircraft shall comply with this chapter. D. Parking. A parking site plan must be submitted with an application for a land use permit. It must include a parking plan which shows the location and number of parking spaces, circulation patterns, and ingress and egress provisions. 1. All industrial uses within the Municipal Airport Zone shall provide at least two (2) parking spaces for every three (3) employees on the major shift during the normal season. 2. All commercial uses shall comply with Chapter 18.54, Off-Street Parking and Loading. 3. All off-street parking spaces shall have a minimum dimension of nine feet (9') by twenty feet (20') for each space and shall be subject to the following conditions: a. Each shall have an all weather surface b. Each shall be exclusive of driveways and/or alleys c. The design and location of entrances and exits to commercial parking lots shall be consistent with commercial standards. 4. All off-street parking facilities for commercial, public institutional, and industrial uses shall be located not more than three hundred feet (300') from the building housing the use. 5. Uses which are expanded or enlarged shall provide the additional off-street parking spaces in accordance with this chapter and Chapter 18.54, Off-Street Parking and Loading. Moses Lake Council Packet 4-14-20, Page 174 of 243 6. Each parking area which is 4,500 square feet or more in size will be required to provide a plan of facilities to handle surface runoff. Such a plan of facilities shall be consistent with commercial standards. 7. All off-street parking areas which are lighted shall be illuminated in such a way as not to create a nuisance or hazard to passing traffic or cast light on any residential property. 8. All off-street parking shall be hard surfaced and maintained if it has an area in excess of 1,200 square feet. Such surfacing shall be of such a nature that it eliminates dust and mud. E. Loading Area Requirements. Those uses which have a need for or intend to make use of loading and unloading berths shall comply with the following conditions: 1. Each berth shall be at least ten feet (10') wide by twenty-five feet (25') long by fourteen feet (14') high. 2. Each berth or berths shall be surfaced and maintained so as to eliminate dust and mud. 3. No part of a loading or unloading berth may extend into a public right-of-way. F. Landscaping. A landscaping site plan must be submitted with an application for a land use permit. It must include the location and type of plant materials. 1. All landscaping shall occur at the time the subject property is developed. 2. Boulevard landscaping shall be used along main access roadways. Landscaping shall be uniform along the length of the perimeter roads and shall consist of ground cover, shrubs, small trees, native grasses, and/or gravel. 3. Buffer landscaping may be required on perimeter property lines of individual developments to minimize noise and visual impacts and to discourage trespass. Buffer landscaping shall consist of ground cover, shrubs, and small trees. G. Height Restrictions. The height restrictions contained in this section are in accordance with Federal Air Regulations Part 77 “Objects Affecting Navigable Airspace” and Federal Aviation Administration Advisory Circular 150/5300-13 “Airport Design”. 1. No structure or object except those whose placement is required for airport operations may be located within the Moses Lake Municipal Airport Object Free Area defined as a rectangle whose boundaries are three hundred feet (300') from the ends of the prepared runway surface and one hundred twenty-five feet (125') on both sides of the centerline of the runway. 2. No structure or object may be located so as to break the plane of a seven (7) to one (1) slope that begins at and extends outward at right angles from the edge of the Object Free Area. 3. No structure or object may be located closer than forty-five feet (45') from the center of any future taxiway as defined in the Airport Development Plan. Moses Lake Council Packet 4-14-20, Page 175 of 243 4. No structure or object may be located so as to penetrate the twenty (20) to one (1) approach departure surface extending from the edges of the Object Free Area at both ends of the runway. H. Setbacks. Setbacks shall be a minimum of: 1. Front setback - fifteen feet (15') 2. Side setback - fifteen feet (15') 3. Rear setback - none I. Other Regulations. 1. A business license must be secured from the City of Moses Lake for all business activities conducted on airport property. 2. Any individual, builder, or developer must submit and have approved by the Planning Commission a building site plan prior to commencing construction. 3. Any individual, builder, or developer must submit and have a recommendation from the Airport Commission to the Hearing Examiner Planning Commission prior to site plan review. 18.40.030 Allowed Uses: A. The industrial land uses table indicates where categories of land uses may be permitted and whether those uses are allowed outright or by conditional use permit. Only industrial zones are included in this table. Land uses not listed are prohibited unless allowed through the process specified in subsection E of this section. Further interpretation of these zones may be obtained as specified in Section 20.03.020(B). Land uses are also subject to any footnotes contained within this chapter. B. The uses are arranged in three (3) categories. There are primary uses, those uses the industrial zones were designed to accommodate; accessory uses; and other uses that are compatible with or support the primary uses, or are not appropriate for other zones because of impacts. C. The symbols used in the table represent the following: 1. An “A” in a table cell indicates that the use is allowed subject to the applicable standards in this code in the zone listed at the top of the table. 2. A “C” in a table cell indicates that the use is allowed by conditional use permit, subject to the conditional use provisions in Chapter 18.51 and any additional standards specified. 3. An “X” in a table cell indicates the use is not allowed in the zone listed at the top of the table. D. Procedural requirements for permits are described in Title 20. E. Uses similar to those listed may be established as allowed or conditionally allowed through the interpretation procedures in Section 20.03.020(B). In determining whether a use should be Moses Lake Council Packet 4-14-20, Page 176 of 243 permitted, the Community Development Director shall refer to the purpose statements found in Section 18.40.010 and the latest version of the North American Industry Classification System. USE CATEGORIES MLIP L-I H-I TABLE 1: LAND USES IN INDUSTRIAL ZONES Primary uses Assembly of parts A A C Bus barns and maintenance facilities C A X Hazardous waste treatment and storage, from off site X X C Hazardous waste treatment and storage, generated on site1 A A A Machine shop A A A Manufacturing, processing, or packaging of products using raw materials C C C Manufacturing, processing, or packaging of previously prepared materials2 A A A Manufacturing, processing, or packaging of food products, excluding meat products, seafood products, distilling, fermenting, canning, slaughtering, rendering, curing, and tanning C A A Manufacturing, processing, or packaging of food products such as meat products, seafood products, distilling, fermenting, and canning. Excludes slaughtering, rendering, curing, and tanning X C A Slaughtering, rendering, curing, and tanning X X C Outside storage as a primary use3 X A A Printing, publishing, and allied products manufacturing including such processes as lithography, etching, engraving, binding, and blueprinting A A A Recycling collection site and recycling facilities C A A Solid waste processing facilities X X C Storage, warehousing, and distribution facilities A A A Technological uses such as scientific research, testing and experimental development laboratories C A A Transportation services such as freight consolidation, shipping documents preparation, rental of railroad cars, packing and crating A A A Uses that serve the agricultural industry, such as feed and seed stores, farm equipment repair and sales, and agricultural services such as soil preparation services, lawn care services, potato curing, seed cleaning, and sorting, grading, packing, and packaging of fruits and vegetables A A A Welding or metal fabrication A A A Wrecking yards, salvage yards, or junk yards X A A Moses Lake Council Packet 4-14-20, Page 177 of 243 USE CATEGORIES MLIP L-I H-I TABLE 1: LAND USES IN INDUSTRIAL ZONES Accessory uses Accessory use appurtenant to any primary use and not otherwise prohibited A A A Construction site storage in cargo containers or semi-trailers4 A A A Day care, primarily for children of on-site employees or customers C A A Dwelling unit for on-site security or maintenance personnel and family5 C A A Offices related to permitted uses conducted on the same site A A A Storage in cargo container, in compliance with Chapter 18.76 C C C Other allowed uses Animal shelter, kennel, or veterinary clinic with outdoor boarding of animals or care of livestock C A C Building material or lumber yard, retail or wholesale X A X Commercial and service uses that are permitted in the C-2 Zone shall be allowed within 1,000' of West Broadway or Marina X A or C6 X Commercial recreation requiring large land area and/or generating noise, such as go-carts, target shooting, race tracks, etc. X C C Contractors’ establishments, including offices, shops, and storage yards A A X Equipment shelter10 X X A Government or public facilities compatible with the intent of the zone, such as maintenance shops, substations, well houses, lift stations, local and regional utilities A A A Industrial laundry or dry cleaning plant C A A Mini-storage A A X Nurseries and greenhouses for the growing and sale of plants A7 A X Power generating facilities X C A Public park A A A Repair and service of vehicles and equipment A A X Retail and wholesale sales of goods or products manufactured on site, or utilized in manufacturing, repairing, or servicing activities which are permitted in the zone A A A Sales or service uses, which primarily serve the needs of the industrial district or its employees without attracting a significant number of patrons from outside the district, are compatible with the permitted types of industrial uses, and will not A A C Moses Lake Council Packet 4-14-20, Page 178 of 243 USE CATEGORIES MLIP L-I H-I TABLE 1: LAND USES IN INDUSTRIAL ZONES interfere with the orderly development of the industrial area, including but not limited to the following examples: 1. Sale and rental of electronic equipment, forklifts, heavy equipment, trucks, and office equipment 2. Services: dry cleaner, barber shop, shoe repair, sandwich shop, restaurant, espresso stand, vehicle wash, gas station, convenience store. These uses must be located on an arterial street or within 1,000' of similar types of uses8 3. Professional and business services, such as engineering, mailing, copying, fumigating, servicing of fire extinguishers, sign painting and lettering 4. Other retail and service uses within the same structure as a permitted manufacturing, warehousing, distribution, or office use and occupying no more than 20% of the floor area, unless a larger area is approved by the Hearing Examiner Planning Commission Storage buildings for private use A X X Surface mining, including extraction from deposits of rock, gravel, sand, earth, and minerals, along with rock crushing and related accessory activities9 X X C Towing services or vehicle impound yards A A A Wireless communication facility, in compliance with Chapter 18.78 A A A Cryptocurrency mining, in compliance with Chapter 18.74 X X A Data centers/server farms, in compliance with Chapter 18.74 X X A Footnotes for Table 1: 1.In compliance with the performance standards of the State of Washington siting criteria for on-site hazardous waste treatment and storage facilities and the requirements of this chapter; provided, that on-site hazardous waste treatment and storage facilities are accessory to and subordinate to a primary use which is a generator of hazardous waste. “On-site” means generated on the same, geographically contiguous, or bordering property. 2.Previously prepared materials are those which have been subjected to a process of dilution, blending, separation, waste extraction, refinement, or similar process so that further preparation, treatment, or processing does not generate raw refuse matter in quantity or form which would preclude prompt and effective removal of such matter from the site. 3.Other than contractors’ yards. 4.Construction storage facilities may be located ten (10) days prior to start of construction and shall be removed within ten (10) days of finish of construction. “Start of construction” shall be defined as ten (10) days prior to the physical presence of construction activity on the site for which a building permit has been issued. “Finish of construction” shall be defined as the date of issuance of a certificate of occupancy. Moses Lake Council Packet 4-14-20, Page 179 of 243 5.The sole purpose of the dwelling is to furnish housing for an employee, including family, engaged in on-site security or maintenance. Only one (1) such residence is allowed per site. 6. Allowed if allowed in the C-2 Zone and conditional use if a conditional use in the C-2 Zone. 7. Wholesale sales only. 8. In the H-I Zone these uses shall not exceed one thousand (1,000) square feet in total per lot area. 9. The submission requirements of a conditional use permit for surface mining, rock crushing, and related accessory activities shall include the following information: A. Vicinity Map. General vicinity map of the proposed area. B. Topography and Site Map. Property limits and accurate contours of existing ground details of terrain and area drainage as well as the boundaries and dimensions of the site. C. Grading Plan. Dimensions, elevations or finished contours to be achieved by the grading, proposed drainage channels, and related construction. D. Storm Drainage and Erosion Control Plan. A conceptual storm drainage and erosion control plan shall be submitted with each application and shall be approved by the City prior to the mining permit being approved. A final storm drainage and erosion control plan must be approved prior to any materials being removed. The plan must also address the continued maintenance and operation of the storm drainage and erosion control system, and, if determined necessary by the City, a performance bond or similar financial guarantee shall also be provided to guarantee the maintenance and operation of the system. E. Location of Development. Location of any crushers, sorters, scales, buildings, or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent property owners which are within fifty feet (50') of the property, or which may be affected by the proposed operation. F. Dust Control. A dust control plan shall be submitted which shows how dust or other particulate matter will be controlled within the mining site and on the public streets. Reasonable precautions shall be taken with storage, transportation, processing, roadways and other open areas so as to prevent dust or other particulate matter from becoming airborne. G. Department of Natural Resources Permit. Prior to a surface mining operations permit being applied for the owner/operator shall submit evidence from the State of Washington Department of Natural Resources that the state considers the proposal as a surface mine and will require a permit and reclamation plan. H. A written statement describing how the proposal meets the requirements of Section 18.51.010, Conditional Uses. 10.May be a modular or mobile structure. Mobile or modular equipment shelters must be approved and tagged by the Washington State Department of Labor and Industries before placement and use in the City of Moses Lake. This includes equipment shelters that can be entered by personnel. If cargo containers are used for the shelter, the container shall be painted to match other buildings or structures on the site. The shelter shall be placed on a concrete slab or foundation and anchored to the ground in compliance with the requirements of the City of Moses Lake Building Division. Moses Lake Council Packet 4-14-20, Page 180 of 243 18.40.040 Prohibited: The following are prohibited in industrial zones: A. Any use which does not or is not capable of conforming with the purpose and requirements of this chapter. B. Any use determined by the Hearing Examiner Planning Commission to pose excessive hazard to the public health, safety, and general welfare. 18.40.050 Development Standards for Industrial Zones: A. Purpose. This section establishes the development standards and site requirements for uses in the industrial zones. The standards and rules are established to provide flexibility in project design, prevent fire danger, provide adequate access and circulation, reduce incompatibilities, and prevent overloading of infrastructure due to the impacts of development. B. Explanation of Table. Development standards are listed down the left column of the table and the industrial zones are identified across the top row. The matrix cells contain the requirements of each zone. The footnotes identify particular requirements applicable to a specific use, standard, or zone. Development Standards MLIP L-I H-I TABLE 2: DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES Minimum lot size NR NR NR Maximum lot size NR NR NR Maximum building height 50'1 50'1 NR2 Front yard setback3 NR NR NR Exterior side yard setback3 NR NR NR Interior side yard setback3 NR NR NR Rear yard setback3 NR NR NR Landscaping requirements None Chapter 18.57 Chapter 18.57 Moses Lake Council Packet 4-14-20, Page 181 of 243 Development Standards MLIP L-I H-I TABLE 2: DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES Minimum landscaped buffer along residential zoned property 15' 15' 25' Buffer requirements Signage Chapter 18.58 Chapter 18.58 Chapter 18.58 Outside storage Section 18.40.110 Section 18.40.110 Section 18.40.110 Fencing requirements Section 18.40.120 Section 18.40.120 Section 18.40.120 Parking requirements Chapter 18.54 Chapter 18.54 Chapter 18.54 Containment within a building Section 18.40.070 Section18.40.070 NR NR = No requirement for the zone. Other regulations may apply. Footnotes for Table 2: 1. The Hearing Examiner Planning Commission may allow buildings or structures to be erected to an additional height after a public hearing and examination of the location and upon due proof to the satisfaction of the Hearing Examiner Commission that such additional height will not be detrimental to the surrounding properties. 2. Subject to the provisions of Chapter 18.52 entitled “Grant County Airport Zoning.” 3. Setbacks: A. Within the setback area shown on Table 2, no building or structure (as defined in Section 18.03.040) shall be allowed, except flagpoles, street furniture, transit shelters, signage, fencing, slope stability structures, and improvements less than thirty inches (30") above grade, including decks, patios, walks, and driveways. Some of these structures and improvements require a permit. B. The setbacks shown in the table are zoning setbacks. Larger setbacks may be required by the State Building Code, State Fire Code, sight distance requirements, or landscaping requirements 18.41.040 Business Park Master Plan and Submittal Requirements – Approval Process: A. Approval Process – Master Plan. All developments shall be consistent with an approved master plan. Applicants shall submit proposed master plans to the Community Development Department. The proposed master plan shall be reviewed by the Planning Division and shall require approval by the Hearing Examiner Planning Commission. In order to approve the Master Plan, the Hearing Examiner Planning Commission shall conduct a public hearing and must determine that the plan is consistent with applicable comprehensive plan policies and land uses, that the proposal is compatible with other existing or potential business parks in the vicinity, and how any off-site environmental impacts will be mitigated. Applications for master plan approval shall be considered together with any request for a subdivision of the property and with any other development requests requiring Hearing Examiner Planning Commission or City Council approval. Moses Lake Council Packet 4-14-20, Page 182 of 243 B. Development Approval. Following approval of a master plan, proposals to develop any portion of the master plan may proceed by submitting applications for site plan review, land clearing, building, or any other required permits or administrative approvals. C. Contents of Master Plan. A master plan shall provide a graphic depiction and a narrative description of the general layout, type, amount, and phasing of development on and off the subject site. Each master plan shall consist of the following: 1. Site plans conceptually illustrating planned development, including the following: a. Boundaries, dimensions, and acreage of the site. b. Location of lot lines, rights-of-way, easements, and tracts within the site. c. Location and nature of planned improvements to the vehicular and pedestrian circulation system within and abutting the site. d. Location of planned buildings, structures, parking areas, and other improvements within the site. e. Location of proposed landscaped areas, recreation areas, and areas to be left undisturbed. f. Conceptual landscaping plans for all exterior boundaries, internal streets, and common open space areas. g. Conceptual utilities plan. 2. A narrative description of planned improvements, including the maximum site coverage, maximum gross square feet of occupiable floor area and the maximum floor area to be occupied by each type of use, maximum building height for each building location, the nature and extent of off-site improvements, and development phasing. 3. Covenants, conditions, and restrictions proposed to control future development of the business park. 4. A sign program indicating the general location, dimensions, height, and materials of signs. D. Master Plan Submittal Requirements. The following information shall be submitted for review and approval of a proposed master plan in such form as required by the Community Development Department. 1. Subdivision application (if applicable). 2. Environmental Checklist. 3. Vicinity map(s) showing existing conditions within and surrounding the site, including land uses, zoning, buildings, vehicular and pedestrian circulation systems, existing topography indicated with five foot contours, environmentally sensitive areas, and significant natural vegetation. 4. A proposed master plan containing the elements listed in 18.41.040.C. Moses Lake Council Packet 4-14-20, Page 183 of 243 5. A narrative description of the proposal, including a discussion of how it is consistent with applicable comprehensive plan policies, any subarea plan policies, and land uses; how the proposal relates to other potential business parks in the vicinity; and how any off-site environmental impacts will be mitigated. 6. If requested by the Community Development Department, the applicant shall also provide a traffic analysis and report indicating the following: a. Current and future traffic volumes and level of service on the street system. b. Planned and programmed traffic improvements and their relationship to any adopted state, local, and/or regional transportation plans or programs. c. Anticipated traffic volumes and distribution. d. Impacts generated by the proposed development on future traffic volumes and levels of service. e. Measures necessary to mitigate the effects of the proposed development. Mitigation shall also include the proposal’s pro rata share of identified improvements, proposed transportation demand management plan to reduce traffic impacts, and such other information as may be required by the City. E. Amendments to the Approved Master Plan. 1. General. An applicant may request amendment of an approved preliminary and/or final master plan following the procedures and requirements of MLMC 18.41.040(A), B, C, and D. The applicant shall be required to submit only those materials which are necessary to show the nature and extent of the proposed amendments, together with an explanation of the reason and justification for the proposed amendments. 2. Amendments for Adjacent Properties. Applicants for business park proposals adjacent to property covered by an approved master plan may request an amendment to the master plan to incorporate their proposed development. Such proposals shall be consistent with the approved master plan and shall be submitted for review and approval in accordance with MLMC 18.41.040(A), B, C and D. F. Approval Time Frame. Business Park Master Plans may include two (2) or more divisions to be developed successively. If more than ten (10) years have passed since final approval of the Business Park Master Plan, then new master plan approval shall be required in accordance with MLMC 18.41.040(A), B, C, and D prior to development. 18.41.050 Property Development Standards: A. The following table sets forth the required development standards applicable to properties located in the BP Zone. Moses Lake Council Packet 4-14-20, Page 184 of 243 Property Development Standards–BP Zone Minimum site area 20 acres, except as allowed by MLMC 18.41.050.B Minimum lot area per building site As shown on approved master plan Minimum lot width As shown on approved master plan Minimum lot depth As shown on approved master plan Minimum front yard setback 30' Minimum rear yard setback 30' Minimum interior side yard setback 15' Minimum exterior side yard setback 30' Minimum landscaped buffer along any common boundary with residentially-zoned property 35' Minimum street frontage As shown on approved master plan Maximum lot coverage 50% Maximum building height 50'. See MLMC 18.41.050(C) Minimum landscaped setback from principal or minor arterial as designated in the comprehensive plan 25’ B. Minimum Site Area. The minimum area of a business park eligible for master plan approval shall be twenty (20) acres unless the Hearing Examiner Planning Commission finds that a smaller area is consistent with the Comprehensive Plan, as well as the purpose and intent of the Business Park Zone. Business parks containing less than the minimum site area shall be allowed if the site adjoins a business park with a previously approved master plan and the application for the new business park is processed as an amendment to the previously approved master plan in accordance with MLMC 18.41.040(E)(2). C. Setbacks. 1. Within the setback area shown on Table 2, no building or structure (as defined in Section 18.03.040) shall be allowed, except flagpoles, street furniture, transit shelters, signage, fencing, slope stability structures, and improvements less than thirty inches (30") above grade, including decks, patios, walks, and driveways. Some of these structures and improvements require a permit. 2. The setbacks shown in the table are zoning setbacks. Larger setbacks may be required by the State Building Code, State Fire Code, sight distance requirements, or landscaping requirements (MLMC 18.57). D. Maximum Structure Height. 1. Within the first thirty-five feet (35') of setback from an adjoining public street or residential zone, the maximum building height shall be equal to the proposed building setback. The maximum building height may be increased by one and a half feet (1.5') for Moses Lake Council Packet 4-14-20, Page 185 of 243 each additional one foot (1') of setback in excess of thirty-five feet (35') up to a maximum of fifty feet (50‘). 2. Building heights within required setbacks shall be measured from the grade of the public sidewalk or centerline of the public street adjoining the site, or from the grade of the property line adjoining a residential zone. 3. For buildings or structures located more than five hundred feet (500') from any residentially-zoned property, the Hearing Examiner Planning Commission may allow such buildings or structures to be erected to an additional height following a public hearing and examination of the location and upon due proof to the satisfaction of the Hearing Examiner Commission that such additional height will not be detrimental to the surrounding properties. 18.41.080 Business Park Design Standards: It is intended that business parks be developed in a campus-type environment consisting of significant open space and architectural compatibility between buildings. Prior to the construction of any buildings or the subdivision of any land within the BP Zone, a development plan shall be submitted for review and approval by the Hearing Examiner Planning Commission. In order to receive approval, a park design shall incorporate the following: A. Buildings, parking areas, and other impervious surfaces, exclusive of public rights-of-way and recreation areas developed and accessible to the public, shall cover no more than seventy- five percent (75%) of the site. B. Perimeter landscaping as required in MLMC 18.41.080(B) and interior open space amenities (either natural or manmade) for the benefit of park employees, including landscaped lawns, courtyards, and/or plazas. C. Limited access points to adjoining public streets defined by substantial landscaping features and/or public art. D. If a site contains both an office building and a building for industrial activities, then the office building(s) should be located along adjoining arterial streets and the industrial building(s) should be located to the rear or sides of the site. E. Loading docks, solid waste and recycling facilities, and other service uses should be located in visually unobtrusive areas and screened from view from adjacent properties and streets. F. Parking areas shall be located within the development. Parking lots shall not be located between a public street and a building unless no other feasible alternative exists. The maximum width of parking lots located along a public street shall not exceed fifty percent (50%) of the property’s frontage on the street. A thirty foot (30') wide landscaping area shall be required as specified in MLMC 18.41.080(B). All parking lots shall comply with MLMC Chapters 18.54 and 18.57. Required perimeter landscaping shall not apply toward the required interior parking lot landscaping. (Ord. 2144, 12/9/03) Moses Lake Council Packet 4-14-20, Page 186 of 243 18.41.090 Performance Standards: A. Exterior Mechanical Devices. Air conditioners, heating, cooling, and ventilation equipment, pumps, and heaters, antennae, and all other mechanical devices shall be screened from surrounding residentially-zoned properties. Screening methods may include the use of building or parapet walls, sight-obscuring fencing and/or landscaping, equipment enclosures, consolidation and orientation of devices towards the center of the rooftop, and/or the use of neutral colors. B. Required Landscaping. 1. Landscaping required by this chapter, by Chapter 18.57, and/or by condition of approval of the master plan shall be designed, installed , and maintained in accordance with MLMC Chapter 18.57. In no event shall such landscaped areas be used for storage of materials, placement of temporary signs, or parking of vehicles. 2. In place of the street frontage and residential buffers required by MLMC Chapter 18.57, the following shall be required: A landscaped area at least thirty feet (30') in width along all public street frontages, and a landscaped area at least thirty-five feet (35') in width along common property lines with residentially-zoned property. When an alley separates a residential zone from a Business Park zone, there shall be a thirty-five feet (35') landscaped yard setback between the two zones. C. Outdoor Storage. Outside storage or display of items or materials shall be prohibited unless conditionally approved by the Hearing Examiner Planning Commission. D. Outdoor Lighting. Building-mounted lighting and aerial-mounted floodlighting shall be shielded from above in such a manner that the bottom edge of the shield shall be below the light source. Ground-mounted floodlighting or light projection above the horizontal plane is prohibited between midnight and sunrise. All lighting shall be shielded so that the direct illumination shall be confined to the property boundaries of the light source. E. BP-Zoned Properties Adjacent to Residential Properties. When BP zoned property abuts any residential zone, a six foot masonry wall or wood fence shall be established and maintained on or parallel to the property line that separates the zones, except that such required wall or fence within the front yard setback area shall be no higher than four feet (4'). Additionally, required landscaping adjacent to the wall or fence shall include trees or other vegetation that will, within three (3) years of planting, exceed the height of the wall or fence. F. Trash and Recycling Receptacles. Trash and recycling receptacles shall be screened from adjacent properties and public rights-of-way by an opaque visual barrier no lower than the highest point of the receptacles. G. Loading Areas. Loading areas shall be set back, recessed, and/or screened so as to not be visible from neighboring streets or residentially-zoned or used properties. H. Pedestrian Access and Circulation. Pedestrian walkways shall be constructed to provide safe, convenient, and direct access between building entrances, transit facilities, passenger loading areas, public sidewalks, adjacent properties, and pedestrian plazas. All employee and/or customer parking lots which contain more than ninety thousand (90,000) square feet of paved Moses Lake Council Packet 4-14-20, Page 187 of 243 area or thirty thousand (30,000) square feet including driveways and traffic aisles shall include clearly defined pedestrian routes from parking areas to main building entrances. All required walkways shall meet the following minimum requirements: 1. All walkways shall be a minimum of five feet (5') wide with no encroachment permitted. 2. All walkways shall be handicapped-accessible and comply with the Washington State Barrier-Free Design Standards. 3. All walkways shall be delineated by painted marking, distinctive pavement, or by being raised a minimum of six inches (6") above the parking lot pavement. 4. Walkways within employee and/or customer parking lots shall be located along major access corridors, and located away from truck parking and loading/unloading areas whenever possible. 5. Walkways within employee and/or customer parking lots shall be integrated into interior landscape areas whenever possible, to separate pedestrian access from vehicular travel routes. I. Public Transit Facility Location and Design. In order to reduce the use and dependence on private vehicles and associated traffic congestion, and to encourage the use of public transit, adequate provision should be made for public transit facilities and supporting improvements. When formally recommended or requested by the local public transit authority, bus shelters, transit turnouts, and supporting facilities shall be located and designed in accordance with the following provisions: 1. Location. When required, transit facilities shall be located on or adjacent to arterial streets. 2. Access. Convenient, safe, and direct pedestrian access to and from transit facilities shall be provided between all building entrances, pedestrian plazas or walkways, and public rights-of-way in accordance with 18.41.090(H). 3. Design. All transit facilities shall be designed to the standards and specifications of the public transit authority and the city Municipal Services Department. J. Heat, Cold, and Glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the lot line. K. Electrical Disturbances. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the lot line. L. Odor. No use shall be permitted which creates annoying odor in such quantities as to be perceptible, without instruments, at the boundaries of the lot in which the use is located. Moses Lake Council Packet 4-14-20, Page 188 of 243 M. Radioactivity. The use of radioactive materials shall be limited to measuring, gauging, and calibration devices. N. Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot in which the use is located. O. Hazardous Materials. All users of hazardous materials shall notify the city Fire Chief of the type and quantities of such materials generally on the premises. No emission which would be demonstrably injurious to human health, animal or plant life in the vicinity, on the ground or beyond any lot line on which the use is located shall be permitted. Where such an emission could be produced as a result of accident or equipment malfunction, adequate safeguards consistent with industry standards and applicable regulations shall be implemented. This provision shall not be interpreted to prohibit the use of herbicides or pesticides. All hazardous waste materials shall be transported to the site of disposal certified by appropriate state and federal agencies for disposal of hazardous waste. P. Solid Waste Processing, Storage, and Disposal. Processing, storage, and disposal of solid waste shall be subject to all applicable provisions of this chapter, and shall comply with all local, state, and federal requirements. All solid waste materials shall be disposed of at an official landfill waste disposal site or recycling center. No such material shall be disposed of on the premises. Q. Liquid Waste Processing, Storage, and Disposal. No liquid waste materials except pure water may be permanently disposed of on-site; however, where such materials are temporarily stored on the property, they shall be contained in a manner so as to prevent their entry into the surface water drainage system and/or any groundwater aquifer. 18.48.025 Conditional Uses: The following specific and generally described uses shall be permitted in the Public Zone as a conditional use subject to the approval of the Hearing Examiner Planning Commission in compliance with the provisions of this chapter and Chapter 18.51 entitled “Conditional and Unmentioned Uses.” Dwelling units for a resident watchman, custodian, or attendant as an appurtenant use to the primary use of the following categories: A. Employee of a municipality B. Employee of a state, county, or federal government C. Employee of a non-profit corporation or quasi-public agency 18.48.040 Property Development Standards: A. Setbacks shall be the same as for adjacent zones for all structures built above the ground. B. There is no minimum lot size. Moses Lake Council Packet 4-14-20, Page 189 of 243 C. No structure shall be constructed over forty feet (40') high, without Planning Commission approval. 18.51.010 Conditional Uses: Conditional uses shall only be permitted after a public hearing before the Hearing Examiner Planning Commission finding that: A. The use furthers the intent of the zone in which it will be located and conforms to the general plan. B. The use will not create undesirable traffic congestion or parking problems. C. The use will not be detrimental to surrounding properties or their uses because of appearances, noise, use, or other undesirable features. D. The use will meet all standards and regulations for the zone in which it is to be located. E. The use will not create undesirable environmental problems: 1. The Hearing Examiner Commission can make special requirements in conjunction with its decision following a public hearing if they are necessary to more closely fulfill the intent of the zone in which a development is permitted. 2. Conditions, if any, which may be imposed on any proposed project requiring a conditional use permit, shall be endorsed on the conditional use permit and failure to comply therewith shall be grounds for revocation of the conditional use permit. Revocation of the conditional use permit shall be final after thirty (30) days written notice of the violation is given by certified mail to the owner and/or occupant of the land or improvements for which the conditional use permit was issued, if in the meantime, the violation is not corrected. 3. If no development has taken place on the proposal or if no building permits or subdivision applications have been issued or received within a twenty-four (24) month time limit from the date of issuance, the conditional use permit shall become null and void. 4. The decision of the Hearing Examiner Commission in approving or conditionally approving a conditional use permit shall stipulate whether the conditional use permit is issued to a person or whether the permit shall run with the land. Person shall be defined as an individual, corporation, company, firm, association, partnership, or joint stock company, a state, and all political subdivisions of a state or any agency or any instrumentality thereof having an ownership interest in the land as an owner, renter, or lessee. A use permitted as a conditional use is subject to the limits in the permit and conveys no greater rights than expressly permitted. A request for a revision to a conditional use permit shall be processed as an application for a new conditional use permit. Moses Lake Council Packet 4-14-20, Page 190 of 243 18.51.020 Unmentioned Uses: Unmentioned uses which are not deemed similar to permitted uses by the Zoning Administrator shall be permitted only by a public hearing before the Hearing Examiner Planning Commission and their finding that: A. The use is similar in nature to the uses permitted in the zone and is dissimilar to those prohibited. B. The use furthers the intent of the zone in which it will be located and conforms to the general plan. C. The use will not create undesirable traffic or parking conditions. D. The use will not be detrimental to surrounding properties or their uses. E. The use will meet all standards and regulations for the zone in which it is to be located. F. The use will not create undesirable environmental problems. The Hearing Examiner Commission may make special requirements following its hearing and review if they are necessary to more closely fulfill the intent of the district in which a use is permitted. 18.55.030 Application for Home Occupation Uses and Appeals: An application for a home occupation use shall be submitted to the Community Development Department for consideration. The application shall be reviewed by the Community Development Director or other similar position or a designee. Such uses may be permitted by the Community Development Director or the individual designated to review the applications subject to the provisions of this chapter. Any party aggrieved by a decision rendered by the Community Development Director or other individual reviewing the application may appeal the decision to the Hearing Examiner Planning Commission, subject to the provisions of Chapter 20.11. 18.55.040 General Requirements: The general requirements for a home occupation are as follows: A. There shall be no structural alteration to accommodate the occupation. Entrance to the space devoted to the occupation shall be from within the residence, except when otherwise required by law. B. The use, including all storage space, shall not occupy more than two hundred (200) square feet of the residence or accessory structure. C. No home occupation shall have any outside storage of goods and materials associated with the home occupation. D. Only members of the family who reside on the premises and in any case no more than three (3) persons in any dwelling unit shall be engaged in the occupation(s). Moses Lake Council Packet 4-14-20, Page 191 of 243 E. There shall be no window display nor shall sample commodities be displayed outside the building. F. Home Occupation Signs. 1. Signs identifying home occupations which are unlighted, placed flat against the structure, and which do not exceed two (2) square feet in size are permitted in the R-2 Zone, Single Family and Two Family Residential, and the R-3 Zone, Multi-Family Residential. 2. Signs identifying home occupations located in the R-1 Zone, Single-Family Residential, are prohibited except as required by law. Such signs, if allowed, shall not exceed two (2) square feet in size except as may be allowed by this chapter. 3. Signs identifying home occupations may be permitted to exceed two (2) square feet in size subject to the review and approval of the Hearing Examiner Planning Commission and after it has been shown that the sign will not adversely affect adjacent residential uses and that the extra size is essential to the sign being seen. G. No material or mechanical equipment shall be used which will be detrimental to the residential use of the residence or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factor. H. Materials or commodities delivered to or from the residence which are of such bulk or quantity as to require delivery by a commercial vehicle or a trailer, or the parking of customer’s automobiles in a manner or frequency causing disturbance or inconvenience to nearby residences or so as to necessitate a public parking lot shall be prima facie evidence that the occupation is a primary business, and not a home occupation. I. Examples of uses or occupations which might normally satisfy the criteria of this section are: barbers, “bed and breakfast” facilities, custom florists, beauticians, professional service providers, dressmakers, photographers, home canners, watch repairers, licensed massage therapists, taxicab businesses with single vehicle service, and other similar uses. J. The following shall not be deemed permissible uses or home occupations: nursing homes, massage parlors, woodworking and cabinet shops, household appliance, furniture and electronic equipment repair shops, fumigation services shops, upholstering shops, car repair shops, small engine repair shops, taxi businesses with more than single vehicle service, and other uses deemed as “similar” by the Community Development Director or other similar position or a designee. K. A home occupation issued to one person shall not be transferable to any other person nor shall a home occupation permit be valid at any address other than the one appearing on the permit. L. Any person engaging in a home occupation shall register as a business under Chapter 5.04. 18.55.050 Notification: Application for a home occupation use shall require notification to adjacent property owners of the proposed use. Notification shall be provided at least ten (10) days before a decision is to be Moses Lake Council Packet 4-14-20, Page 192 of 243 made on the application. Written or oral comments should be provided to the Community Development Director or other individual reviewing an application before the decision is to be made on the application. Adjacent property owners shall also be notified of any appeal scheduled before the Hearing Examiner Planning Commission. A notice of the action before the Hearing Examiner Planning Commission shall be mailed to adjacent property owners at least ten (10) days prior to the scheduled appeal. 18.57.110 Alteration of Landscape Requirements: The applicant may submit for consideration a landscaping plan that differs from the specific criteria set forth in this chapter. The applicant shall in writing, clearly and in detail, state what adjustments are being requested and the reasons that such adjustments are warranted. The application shall be accompanied by a drawing that meets the requirements of MLMC 18.57.060, along with any supplemental data, such as sketches, surveys, and statistical information, that is deemed necessary to support the adjustment. The Hearing Examiner Planning Commission may approve, modify, or deny the requested adjustment. In approving the alteration, the Hearing Examiner Planning Commission shall make the following findings: A. The alteration would be in keeping with and preserve the intent of this chapter; and B. The alteration would not be contrary to the public interest; and C. The alteration is justified based on at least one (1) of the following: 1. The requirements of this chapter would result in more than fifteen percent (15%) of the site area being landscaped. In such cases the Hearing Examiner Planning Commission may modify those requirements so that not more than fifteen percent (15%) of the site must be landscaped, provided that the landscaping and corresponding setbacks required are those most beneficial to the public. More intensive landscaping may be required if the reduction in area would reduce the effectiveness of landscaping to a point where the intent of the landscaping type cannot be satisfied. 2. The inclusion of significant existing vegetation located on the site would result in as good as or better satisfaction of the purposes of this chapter. 3. Three foot (3') berms or six foot (6') architectural barriers are incorporated into the landscape design. Adjacent to the berm or barrier, the width of the perimeter landscaping strip may be reduced up to twenty-five percent (25%) if the landscaping materials are incorporated elsewhere on site. 4. Existing conditions on or adjacent to the site, such as significant topographic differences, vegetation, structures, or utilities would render application of this chapter ineffective. 5. An existing or proposed structure precludes installation of the total amount of required perimeter landscaping. In such cases, the landscaping material shall be incorporated on another portion of the site. If no portion of the site can be landscaped, approved waterless landscaping features such as decorative rock, Moses Lake Council Packet 4-14-20, Page 193 of 243 gabions, sculptures, and/or facade improvements as defined in 18.57.040 D.1 may be used. The totality of such features must be of sufficient substance and location as to serve the purpose of this chapter. 6. The proposed landscaping represents a superior result or is more effective than that which would be achieved by strictly following requirements of this section. 18.58.03 0Sign Regulations: A. Only a sign as defined in Section 18.58.020(OO) is subject to the provisions of this chapter. B. A sign type that is listed “A” in the following table is allowed to be displayed, subject to the applicable sign regulations listed in this section and in the table. C. A sign type that is listed “P” in the following table is prohibited from display, unless it is a nonconforming sign as provided in Section 18.58.090. D. A sign type that is listed “E” in the following table is exempt from the provisions of this chapter. E. A sign type that is not listed in the following table is not allowed to be displayed. F. A sign shall comply with applicable provisions of the State Building Code and Chapter 16.02 entitled Building Permits. G. A sign is subject to Chapter 8.14 entitled Nuisances. H. State law (RCW 70.54.090) prohibits the attachment of a sign to a utility pole. I. No sign is allowed on or over right-of-way except as approved by City Council for City streets. No sign is allowed within right-of-way of the interstate or primary system where there are no curbs. A sign may be allowed within right-of-way of the primary system where there are curbs and other streets, subject to the following conditions and circumstances: 1. A projecting sign is allowed over a sidewalk in right-of-way in the C-1 Zone and in the C-2 Zone where the building is not set back from right-of-way; provided, that the sign does not project more than eighty percent (80%) of the distance between the right-of-way line and back of curb line, and there is a minimum of eight feet (8') vertical clearance under the sign. 2. A political sign is allowed in right-of-way subject to the remainder of the applicable sign regulations in this section and in the following table. J. No permanent sign is allowed on or over a public utility easement. K. A permanent sign may be allowed over but not on a municipal easement, upon approval by the Municipal Services Director. Moses Lake Council Packet 4-14-20, Page 194 of 243 L. Every sign shall be maintained in a safe and secure manner. A torn, broken, hazardous, dilapidated, or outdated sign, as determined by the Building Official, shall be repaired, replaced, or removed. M. The City Engineer shall review each application for a sign permit for sight distance. The City Engineer shall consider whether a sign would be located or constructed so as to obscure or obstruct an official traffic sign, signal, or device, or obstruct a motorist’s view of approaching, merging, or intersecting traffic before approving or disapproving the application. N. Internal or external sign lighting shall be shaded, hooded, site screened, or directed so that the light’s intensity or brightness shall neither adversely affect adjacent or nearby property, nor create a public nuisance, nor create a traffic hazard. O. A sign may be located within the front or exterior yard (as defined in Section 18.03.040) but shall not be located in the interior side or rear yard (as defined in Section 18.03.040). P. Where electronic signs are allowed, the following conditions apply: 1. The message shall have a static display time of at least two (2) seconds after moving on to the signboard, with all segments of the total message to be displayed within ten (10) seconds. 2. Displays may travel horizontally or scroll vertically onto electronic signboards, but must hold in a static position for two (2) seconds after completing the travel or scroll. 3. Electronic signs requiring more than four (4) seconds to change from one (1) single message display to another shall be turned off during the change interval. 4. No electronic sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. In no case may the brightness exceed eight thousand (8,000) nits or equivalent candelas during daylight hours, or one thousand (1,000) nits (illuminative brightness measurement) or equivalent candelas between dusk and dawn. Signs found to be too bright shall be adjusted as directed by the City of Moses Lake. 5. Minimum height for the sign shall be thirteen feet (13') from grade of the adjacent roadway to the bottom of sign. 6. The sign background shall not be white in color. White lights shall not be used as the sign background. 7. Businesses, churches, or schools are allowed changeable signs providing that changeable displays in residential zones shall be turned off between the hours of 10:00 p.m. and 7:00 a.m. Q. No sign shall be erected or maintained if it is visible from the main traveled way of the interstate or primary system except as permitted by Chapter 468-66 WAC entitled Highway Advertising Control Act or Chapter 47.42 RCW entitled Highway Advertising Control Act – Scenic Vistas Act. R. Signs constructed of temporary sign materials, as defined in Section 18.58.020(TT), shall not be used as a permanent sign. Any sign that does not currently meet this standard must be removed within ninety (90) days. Moses Lake Council Packet 4-14-20, Page 195 of 243 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations TABLE A: SIGN REGULATIONS Abandoned P NA NA NA NA Architectural Appendage A Sign may be flush-mounted or suspended under the architectural appendage See Building sign R Sign allowed only in commercial and industrial zones. If the sign is suspended, there shall be at least 8' clearance above grade. Billboard P NA NA NA NA Building See specific types of building signs See specific types of building signs The total area of building signs shall not exceed 25% of the overall area of each facade. None of this allowance is transferable from 1 facade to another facade. No individual building sign shall exceed 15% of the overall area of a facade. See specific types of building signs Sign allowed in commercial, industrial, agricultural, and municipal airport zones. Allowed in R-3 Zone on a site with a conditional use, with review and approval of the Hearing Examiner Planning Commission according to Section 18.58.110. Changeable Copy A 25' for freestanding, freeway or freeway interchange sign, or wall See Building, Freeway or Freeway Interchange, Freestanding, or Temporary Freestanding R Sign allowed only in commercial and industrial zones. Moses Lake Council Packet 4-14-20, Page 196 of 243 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations TABLE A: SIGN REGULATIONS height for wall sign or Portable sign Community A See Building or Freestanding sign See Building, Freestanding, and Temporary Freestanding or Portable sign for other sign area regulations R if freestanding sign; NR if building sign Sign allowed only in commercial, industrial, and public zones. Sign shall be temporary. Construction A 8' 32 sq. ft. per street frontage per construction site NR Sign may be erected a maximum of 30 days prior to start of construction, and shall be removed within 30 days after the end of construction. Sign shall be nonilluminated. Limited to 1 sign per street frontage per site. Dilapitated or hazardous condition as determined by Building Official P NA NA NA NA Directional – Commercial A 6' for freestanding sign; same as for Wall sign 8 sq. ft. per sign R Sign allowed only in commercial zones. Directional – Industrial A 15' for freestanding sign; same as for Wall sign 55 sq. ft. per sign R Sign allowed only in industrial zones. Directory A Same as for Freestanding, See Building, Freeway or R Sign allowed only in commercial and Moses Lake Council Packet 4-14-20, Page 197 of 243 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations TABLE A: SIGN REGULATIONS and Freeway or Freeway Interchange sign Freeway Interchange, or Freestanding sign industrial zones, or on a site with a conditional use in the R-3 Zone. Prior to issuance of a sign permit, a sign for a conditional use in the R-3 Zone shall require Hearing Examiner Planning Commission review and approval according to Section 18.58.110. Electronic A 25' 50 sq. ft. per site. Area of electronic signs is included within the maximum area allowed for freestanding or building signage. R Sign allowed only in commercial, industrial, and public zones. Additional requirements for electronic signs are found in Section 18.58.030, Sign Regulations. Electronic signs must also meet the requirements for the type of sign (freestanding or building). Flashing P NA NA NA NA Freeway or Freeway Interchange or Wheeler Corridor Heavy Industrial A 45' 350 sq. ft. per site R Allowed only in commercial and industrial zones. Wheeler Corridor signs allowed only in the Wheeler Corridor Heavy Industrial Area. Off-site signs shall not be allowed. Moses Lake Council Packet 4-14-20, Page 198 of 243 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations TABLE A: SIGN REGULATIONS Freestanding A 25' 150 square feet per site in a commercial or industrial zone, except that a site which has street frontage exceeding 300 lineal feet is allowed 150 square feet per increment of 300 lineal feet of street frontage. A site where there is a conditional use in the R-3 Zone is allowed any combination of freestanding and building signs not to exceed a total of 12 square feet, except as provided in Other Sign Regulations in this row. R Sign allowed only in commercial and industrial zones or on a site where there is a conditional use in the R-3 Zone. A site without street frontage shall be limited to 1 freestanding sign structure. The number of freestanding sign structures that are allowed on a site with street frontage shall be limited to 2 per increment of 300 lineal feet of street frontage. If a site exceeds 1 freestanding sign structure, then the structures shall be separated a minimum of 100 lineal feet. Landscaping (as defined in Section 18.57.030(A)) is required around the base of a new freestanding sign. The landscaping perimeter for a pole sign shall be not less than the largest sign dimensions as vertically projected to the ground. The landscaping perimeter for all other freestanding signs shall Moses Lake Council Packet 4-14-20, Page 199 of 243 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations TABLE A: SIGN REGULATIONS be not less than 1' larger than the base of the sign structure. Prior to issuance of a sign permit, a freestanding sign on a vacant site, or where there is a conditional use in the R-3 Zone, shall require Hearing Examiner Planning Commission review and approval according to Section 18.58.110. Garage Sale A NA NA NR Sign allowed in all zones. The sign shall not be displayed for more than 4 consecutive days. Government Flags E NA NA NA NA Home Occupation A Same as for Wall sign 2 sq. ft. per residential dwelling unit with home occupation license R Sign shall be a nonilluminated wall sign. Limited to 1 sign per residential dwelling unit with home occupation license. Incidental A Same as for Wall, Freeway, Freeway Interchange and Freestanding signs 2 sq. ft. per sign NR Shall be nonilluminated and on site. Moses Lake Council Packet 4-14-20, Page 200 of 243 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations TABLE A: SIGN REGULATIONS Monument A 8' Same as for Freestanding Sign R Sign allowed only in commercial and industrial zones. Nonconforming See Section 18.58.090 for limitations on nonconforming signs Official Sign or Legal Notice E NA NA NA NA Open, Closed, Business Hours, Address, or Greeting E NA NA NA NA Political (candidate or issue) A 8' 32 sq. ft. per sign NR Shall be removed within 10 days after an election. May be located on private property with permission from property owner. May be placed in right-of-way adjacent to the private property of the abutting land owner and only with the permission of the private property owner/abutting land owner; provided, that it is not in a location or condition that is prohibited. Private Warning/Directional E NA NA NA NA Projecting Sign A Same as for Wall or Architectural Appendage sign See Building sign R See subsection I of this section. Moses Lake Council Packet 4-14-20, Page 201 of 243 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations TABLE A: SIGN REGULATIONS Public Facility Directional Sign A 8' 35 sq. ft. R Sign allowed only in the public zone. Public or Recreational Identification A Same as for Freestanding or Building sign See Freestanding or Building sign R Allowed in commercial, industrial, and public zones. Public Zone (other than Public or Recreational Facility Identification signs) A Same as for Freestanding or Building sign See Freestanding or Building sign R Requires Hearing Examiner Planning Commission approval according to Section 18.58.110. Real Estate – Other A 8' for free-standing sign; wall height for building sign 32 sq. ft. per sign NR Shall be nonilluminated. Shall be removed from display within 5 days after sale, lease, or rent. Real Estate – Residential Lot A 8' 6 sq. ft. per sign NR Shall be nonilluminated. Shall be removed from display within 1 day after sale, lease, or rent. Residential Identification A 8' 32 sq. ft. per site R Allowed in residential zones. Requires Hearing Examiner Planning Commission review and approval according to Section 18.58.110. Residential Subdivision A 8' 32 sq. ft. per residential subdivision, manufactured home binding site plan or residential R NA Moses Lake Council Packet 4-14-20, Page 202 of 243 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations TABLE A: SIGN REGULATIONS planned development Roof A 10' above roof height as measured from intersection of the roof and lowest point of the sign, sign structure, or point of attachment See Building sign R Allowed in commercial and industrial zones. Sandwich Board A 4' 8 sq. ft. each face R Sign allowed only in commercial and industrial zones. May be located in right-of-way adjacent to the site that is the object of the sign with Community Development Department approval. Otherwise, sign shall be on site. Shall be removed from display at the end of each business day. Sign which could be confused with or obstructs the view of a traffic sign or signal, as determined by City Engineer P NA NA NA NA Moses Lake Council Packet 4-14-20, Page 203 of 243 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations TABLE A: SIGN REGULATIONS Sign which restricts ingress to or egress from a building P NA NA NA NA Sign on vehicle other than Vehicle sign P NA NA NA NA Temporary Sign – Flag (includes feather, teardrop, and blade shaped signs attached to a single vertical pole) A 15' 32 sq. ft. per sign. 2 signs per site are allowed except where a site which has street frontage exceeding 300 lineal feet is allowed 1 additional 32 sq. ft. sign per increment of 300 lineal feet of street frontage. R – 1 time per location. Ownership change or change of business license requires new sign permit. Allowed only in commercial and industrial zones. Signs shall be specific to an event for a time period not to exceed 30 days. The sign shall be anchored. When broken, torn, worn, or dilapidated, the sign shall be removed, repaired, or replaced. Shall be removed from display at the end of each business day. Temporary Sign on Fence A Height of fence 32 sq. ft. per street frontage NR Allowed only for community signs, as defined in this chapter. Temporary Sign on freestanding structure or Portable A See Freestanding if on freestanding structure; 8' height if portable 32 sq. ft. per street frontage per site. If no street frontage, then 32 sq. ft. per site. The total sign area shall be restricted to 1, contiguous, R – 1 time per location. Ownership change of business license requires new sign permit. Allowed only in commercial and industrial zones. Sign shall be repaired, replaced, or removed when torn, worn, broken, or dilapidated. Sign shall be specific to a product or event, and shall not include the Moses Lake Council Packet 4-14-20, Page 204 of 243 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations TABLE A: SIGN REGULATIONS designated area per street frontage. The designated area shall not exceed 12 lineal feet parallel to street frontage. business name or hours. Off-site signs shall not be allowed, except that the Hearing Examiner Planning Commission may allow a temporary sign on a vacant site pursuant to Section 18.58.100. Temporary Gas Pump A NA 2 sq. ft. per sign, 1 sign per dispenser NR NA Temporary Sign on Wall A Same as Wall sign See Building sign. Signs shall be framed. 1 sign per building allowed if unframed. NR Allowed only in commercial and industrial zones. Sign shall be repaired, replaced, or removed when torn, worn, broken, or dilapidated. Sign shall be specific to a product or event, and shall not include the business name or hours. Off-site signs shall not be allowed. Signs shall not be located on outbuildings. Traffic Control E NA NA NA NA Vehicle A Flush- mounted to vehicle NA NR Nonilluminated. Wall A The sign shall be contained within the See Building sign R NA Moses Lake Council Packet 4-14-20, Page 205 of 243 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations TABLE A: SIGN REGULATIONS outline of the facade Wayfinding A NA NA R Signs shall not create traffic, pedestrian, or other safety hazards, and shall comply with state traffic guidelines. Signs installed must be consistent with the provisions of the Destination Development, Inc., for the branding, marketing, and signage identification. The size, type, and location of a sign should be compatible with the area in which it is being proposed. Window or Door A The sign shall be contained within the perimeter of the window or door See Building sign NR for temporary sign; R for permanent sign NA A = Allowed E = Exempt NA = Not Applicable NR = Not Required P = Prohibited R = Required 18.58.060 Interpretations and Rulings: Recognizing that there may be ambiguities in any chapter and that it may be necessary to obtain an interpretation or ruling regarding intent, interpretation, or definition, the Community Development Director may forward a request to the Hearing Examiner Planning Commission for an interpretation or ruling regarding the application of the provisions of this chapter to any existing or proposed sign. Moses Lake Council Packet 4-14-20, Page 206 of 243 18.58.100 Sign for Nonconforming Use: Any proposed sign for a nonconforming use may be allowed after review and approval by Hearing Examiner Planning Commission upon a finding that the sign will be compatible with surrounding land uses. Conditions may be attached to an approval. 18.58.110 Hearing Examiner Planning Commission Review and Approval: Any sign in this chapter that requires Hearing Examiner Planning Commission review may be approved by the Hearing Examiner Commission upon findings that the sign meets the purpose of this chapter and the sign will comply with applicable sign regulations. Conditions may be attached to an approval. 18.65.040 Manufactured Home Parks – Where Permitted: Manufactured home parks are permitted in the R-2, Single-Family and Two (2) Family Residential, Zone and the R-3, Multi-Family Residential, Zone as a conditional use subject to review and approval of the Hearing Examiner Planning Commission and in compliance with the standards and requirements of this chapter and the standards of the underlying zone. The standards and requirements of this chapter shall supersede the standards and requirements of the underlying zone. 18.65.160 Common Open Space: A minimum of four hundred thirty-five (435) square feet per manufactured home unit shall be set aside and maintained as common open space for the manufactured home park. Such space and location shall be accessible and usable by all residents of the park. Parking space(s), driveways, storage areas, and private streets are not considered to be usable open space. The open space shall be of such grade and surface suitable for active or passive recreation. The following minimum ground area per manufactured home unit shall not be included as common open space: A. Single wide – three thousand two hundred (3,200) square feet. B. Double wide – four thousand three hundred (4,300) square feet. C. Triple wide – five thousand four hundred (5,400) square feet. Deviation from the common open space requirements of this section may be permitted by the Hearing Examiner Planning Commission as a conditional use in compliance with Chapter 18.51, entitled “Conditional and Unmentioned Uses,” and the provisions of this chapter. 18.67.030 General Planned Development District Application Requirements: Moses Lake Council Packet 4-14-20, Page 207 of 243 A. Pre-Application Conference. 1. Prior to submission of a planned development district application and map(s), the proponent shall schedule a pre-application conference with the Community Development Director and representatives of other affected city departments. The proponent shall present a conceptual plan of the planned development district including a general outline of the proposal represented by sketch plans. The Community Development Director will respond informally and address potential items of concern to aid the proponent in preparing the planned development district application and map(s). 2. The Community Development Director shall furnish the proponent with a written review of the conference regarding the relationship of the planned development district to the Comprehensive Plan and any applicable city zoning ordinances, design standards, and policies. B. Study Session. Prior to the submission of the planned development district application and map(s) to the Planning Commission for action, the Community Development Director shall schedule a Planning Commission study session. The Community Development Director and the planned development district proponent shall present the conceptual planned development district to the Planning Commission so that the Planning Commission may study the proposal. C. Planned Development District Application and Maps. The planned development district application and map(s) shall be filed with the Community Development Department on forms prescribed by the Community Development Department. The application shall be accompanied by eleven (11) copies of the planned development district application and map(s). A non- refundable fee of two hundred dollars ($200) shall accompany each and every application for a preliminary planned development district. If a development is planned for the zoning overlay district, a separate fee for the plat or binding site plan shall also be paid per the city’s fee schedule for processing such developments. DC. Environmental Information. Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended and Chapter 14.04 of the Moses Lake Municipal Code entitled “Environmental Regulations.” Said information is a part of and must accompany the planned development district application and map(s). ED. Deviation, Deferral, or Waiver. Requests for deviations, deferrals, or waivers of Community Street and Utility Standards shall be submitted as a part of and must accompany the planned development district application and map(s). The Hearing Examiner Planning Commission shall recommend to the City Council that the requested deviations, deferrals, or waivers be either approved, conditionally approved, or denied. The City Council shall either approve, conditionally approve, or deny the requested deviations, deferrals, or waivers based upon the recommendation of the Hearing Examiner Planning Commission. Deviations, deferrals, or waivers of Community Street and Utility Standards shall be listed in the ordinance conditionally approving and establishing the planned development district. FE. Comprehensive Plan. The planned development district shall be consistent with the city’s Comprehensive Plan. Moses Lake Council Packet 4-14-20, Page 208 of 243 GF. Findings of Fact. Every decision or recommendation made under this chapter by the Hearing Examiner Planning Commission or City Council shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. HG. Subdivision Approval. A planned development district for which subdivision or binding site plan approval is required may be submitted as a Planned Development District Short Plat, a Planned Development District Major Plat, or a Planned Development District Binding Site Plan. Such a planned development district shall be submitted and processed in conformance with the appropriate subdivision chapter of the Moses Lake Municipal Code and the requirements of this chapter. Redundant procedures or technical requirements shall be incorporated into the requirements and procedures of the appropriate subdivision chapter so as to not create unnecessary hardship or delay. Procedurally the preliminary and final planned development district element of a Planned Development District Short Plat, Major Plat, or Binding Site Plan must be approved prior to the required subdivision approvals. Such approvals may be given concurrently by the appropriate approving body. IH. Titles. Planned development districts shall be appropriately entitled, i.e. Planned Unit Development District, Planned Unit Residential Development District, Planned Commercial Development District, or Planned Industrial Development District. 18.67.070 Hearing Examiner Planning Commission Public Hearing: When the Community Development Director determines that the completed planned development district application and map(s) is acceptable the Director shall set a date for a public hearing on the planned development district before the Hearing Examiner Planning Commission. 18.67.090 Hearing Examiner Planning Commission Action: A. The Community Development Director shall transmit the planned development district application and map(s), respective comments and recommendations from other offices, agencies, and city departments, and Community Development Department comments and recommendations to the Hearing Examiner Planning Commission prior to the hearing. B. The Hearing Examiner Planning Commission shall review the planned development district application and map(s), municipal recommendations, testimony, and exhibits submitted at the hearing and make recommendations to the City Council to assure conformance of the proposed planned development district with the provisions of this chapter and a determination that: 1. The planned development district shall be compatible with nearby developments and uses. 2. Peripheral treatment insures proper transition between planned development district uses and nearby external uses and developments. 3. The development will be consistent with the Comprehensive Plan and with the purpose of a planned development district. Moses Lake Council Packet 4-14-20, Page 209 of 243 4. The planned development district can be completed within a reasonable period of time. C. Upon Hearing Examiner Planning Commission review of a planned development district application and map(s), the Community Development Director shall prepare an ordinance providing for the designation of the subject property as a planned development district. That ordinance shall establish the planned development district as a floating district to be superimposed over the existing zone and provide for specific modifications of the bulk and use regulations and performance standards as provided for in the ordinance. The ordinance shall specify the specific modifications to the underlying zone’s bulk regulations and performance standards. The ordinance shall provide that the applicant or the applicant’s successor in interest shall be bound to the uses and modifications specified in the ordinance. D. The ordinance providing for the designation of the subject property as a planned development district shall conditionally approve the preliminary planned development district. The ordinance shall only confer development rights upon the applicant or the applicant’s successor in interest upon the submission and approval of a final planned development district application and map(s) which shall be in substantial conformity with the preliminary planned development district application and map(s). Approval for the applicant to proceed with construction shall be contingent upon receipt and approval by the City Council of a final planned development district application and map(s). E. The Hearing Examiner Planning Commission shall enter findings, conclusions, and decision that shall recommend to the City Council approval of an ordinance providing for the establishment of a planned development district. 18.67.110 City Council Action: Pursuant to Sections 20.09.030 and 2.08.100 of this Code, the City Council shall consider and adopt or reject the ordinance with respect to the recommendations of the Hearing Examiner Planning Commission. 18.67.130 Final Review: A. Hearing Examiner Planning Commission Action. Within forty-five (45) days of filing of the complete and satisfactory final planned development district application and map(s) with the Community Development Department, the Community Development Director shall set a date for Hearing Examiner Planning Commission review of the final planned development district application and map(s). The Hearing Examiner Planning Commission shall approve or disapprove the final planned development district application and map(s) unless the subdivider consents to an extension of such time period in writing. B. If the Hearing Examiner Planning Commission finds that the planned development district proposed for final approval conforms to all terms of the preliminary planned development district approval, the requirements of this chapter, applicable state laws, and any other requirements that were in effect at the time of preliminary planned development district Moses Lake Council Packet 4-14-20, Page 210 of 243 approval, it may recommend approval of the final planned development district application and map(s). 18.67.220 Repeal of Planned Development District Ordinance: A. The Community Development Director shall prepare and submit to the Hearing Examiner Planning Commission a proposed ordinance providing for the repeal of the ordinance establishing the planned development district upon the occurrence of the following: 1. A final planned development district application and map(s) has not been submitted within three (3) years of adoption of the ordinance conditionally approving and establishing the planned development district unless an application for an extension has been approved by the Hearing ExaminerPlanning Commission. 2. Construction has not commenced within two (2) years of final planned development district approval or in compliance with the final approved planned development district construction schedule unless an application for an extension has been approved by the Hearing Examiner Planning Commission. B. Application for Time Extension. 1. Sixty (60) days prior to the first reading of an ordinance to repeal the ordinance establishing the planned development district, the responsible party of record representing the planned development district shall be notified by certified letter via U. S. mail of the pending action and shall be afforded the opportunity to submit an application or an extension of the planned development district ordinance. 2. The Hearing Examiner Planning Commission may grant one (1) extension not to exceed one (1) year of the ordinance establishing the planned development district. 3. Application for an extension shall be made to the Hearing Examiner Planning Commission at least thirty (30) calendar days prior to the scheduled date of a first reading of the repeal ordinance. A non-refundable application fee of one hundred dollars ($100) shall accompany each and every application for an extension. 4. The application shall include a statement of mitigating and/or hardship circumstances necessitating the request for an extension. 5. At a public meeting of the Hearing Examiner Planning Commission there shall be a consideration of a recommendation to the City Council to adopt a repeal ordinance. At consideration of the recommendation to the City Council to adopt the repealing ordinance the Hearing Examiner Planning Commission may grant the requested extension based upon the testimony given at the meeting. 6. If the extension is approved, the consideration of a recommendation to the City Council concerning a repealing ordinance will be redocketed for consideration at the termination of the one (1) year extension period. In the event that a final planned development district application and map(s) has not been submitted within the one (1) year extension period or in the event that construction has not commenced within the one Moses Lake Council Packet 4-14-20, Page 211 of 243 (1) year extension, there shall be a recommendation to the City Council to repeal the ordinance creating the planned development district. 18.69.010 Continuation of Non-Conforming Use: The use of land existing at the time of the passage of the ordinance codified in this title and prior Ordinance Number 433, Section 270.10 (previously codified as 3.24.270.10) although such use does not conform to the provisions of this title, may continue upon such conditions as prescribed by the Hearing Examiner Planning Commission. After this ordinance becomes effective, and if such non-conforming use is abandoned, or is discontinued for a period of six (6) months or more, subsequent use of the land shall be in conformity with the provisions of this title. The extension of a non-conforming use to a portion of a structure which was arranged or designed for the non- conforming use at the time the ordinance codified in this title becomes effective, shall not be considered an extension of a non-conforming use. The conditions prescribed by the Hearing Examiner Planning Commission for the continued use of a non-conforming use must bear a substantial relation to the alleviation of a hazard to the health, morals, safety, or general welfare of the entire affected community and in particular that of surrounding inhabitants. Conditions may be prescribed including, but not limited to, those situations existing because of fumes, odors, glare, noise, smoke, dust, unsightly materials, or other objectionable factors. If, in fact, conditions are prescribed by the Hearing Examiner Planning Commission because of the continuation of the non-conforming use, the matter is to be reviewed by the Hearing Examiner Planning Commission no less frequently than two (2) years and/or upon change of ownership. The Hearing Examiner’s decision is a final decision and aAn appeal may be taken of the Hearing Examiner’s Planning Commission’s rulings pursuant to MLMC Section 20.11.050 to the Hearing Examiner as prescribed in Chapter 1.20 or 18.88 of the Moses Lake Municipal Code. 18.69.015 Non-Conforming Uses, Conditions Upon Continued Existence, When, Procedure: A. Those non-conforming uses allowed to continue to exist pursuant to Section 18.69.010, as now enacted or as hereafter amended, may be conditioned as provided in this section. B. The Community Development Director, upon receipt of any claim, complaint, report, or information that a non-conforming use exists within the city shall investigate such claim, complaint, report, or information and make a determination as set forth below. C. At the conclusion of his or her investigation, the Community Development Director shall determine if the use is a non-conforming use. D. If the use is found to be a non-conforming use, the Community Development Director shall determine whether or not the use is allowed to continue pursuant to Section 18.69.010. If the use is not found to be a use allowed to continue pursuant to Section 18.69.010, the Community Development Director shall proceed as provided in this chapter to terminate the use. Moses Lake Council Packet 4-14-20, Page 212 of 243 E. If the use is found to be a non-conforming use allowed to continue pursuant to Section 18.69.010, the Building Official, Fire Chief, and Community Development Director shall make written summary of their findings and submit them, together with any conditions that, in their opinion, should be attached to the use, to the Hearing Examiner Planning Commission. F. Upon completion of the documentation described in subsection B, the Community Development Director shall proceed to set a date for a public hearing within sixty (60) days of the receipt of the information, unless waived by the subject property owner, before the Hearing Examiner Planning Commission. The purpose of that hearing shall be to determine what conditions, if any, shall be attached to the continuing non-conforming use pursuant to 18.69.010. Notice of the hearing shall be published at least once prior to the hearing in a newspaper of general circulation in the city. Additionally, the Community Development Director shall cause notice of the public hearing to be delivered to the adjacent land owners and occupants by mailing, posting, or personal notification, whichever the Community Development Director determines is likely to give actual notice of the hearing to those persons. G. At the conclusion of the public hearing, the Hearing Examiner Planning Commission shall make a finding on whether or not conditions need to be imposed pursuant to Section 18.69.010. If Hearing Examiner Planning Commission finds conditions are necessary, it shall make findings as to what conditions and the reasons therefore. H. Any non-conforming use found to be required to be conditioned, will be allowed to continue as long as the person, firm, partnership, or corporation responsible for that non-conforming use agrees to abide by and be governed by the conditions imposed by the Hearing Examiner Planning Commission within the time limit set by the Hearing Examiner Planning Commission. The conditions imposed by the Hearing Examiner Planning Commission may be for a period of up to twenty-four (24) months. The Hearing Examiner Planning Commission may require more frequent review of the conditions imposed on the use as it may direct at the initial public hearing or any subsequent review. I. Additionally, the Hearing Examiner Planning Commission may bring a set of conditions on for review before the date provided at the time the conditions were set, upon a complaint being brought to its attention by the Community Development Director or any citizen. The Hearing Examiner Planning Commission shall determine from a review of the complaint whether or not the allegation is sufficient to warrant a further hearing on the question. If a further hearing is deemed appropriate, the Hearing Examiner Planning Commission shall cause to be sent to the person, firm, partnership, or corporation responsible for the non-conforming use a notice of a hearing before the Hearing Examiner Planning Commission setting the date, time, and place of the hearing. The notice shall provide, in all capital letters, in a conspicuous place thereon: “THIS HEARING COULD DETERMINE WHETHER OR NOT YOUR NON-CONFORMING USE IS ALLOWED TO CONTINUE.” Said notice shall be delivered in the same manner as personal service of summons to the responsible person, or posted upon the real property in question, or sent by United States mail service, postage prepaid, to the address of the responsible person. Said notice shall allow the responsible party five (5) days’ time before the hearing within which to prepare, unless the Hearing Examiner Planning Commission findings at the time it considers the allegation of non-compliance that the public health, safety, and morals require a hearing before that time. Moses Lake Council Packet 4-14-20, Page 213 of 243 J. Either prior to or at least at the time of the hearing to consider the allegations of complaint concerning non-compliance with conditions, the Hearing Examiner Planning Commission shall inform the person, firm, partnership, or corporation responsible for the non-conforming use of the notice of the alleged violation. The Community Development Director shall present the evidence of the failure to comply. The responsible person shall then be allowed to respond if that person so desires. The Hearing Examiner Planning Commission shall then make its findings. It shall find whether or not the conditions have been violated; whether or not any violation has occurred of such magnitude to require additional conditions, more frequent reviews of conditions, or termination. If termination of the privilege to continue the non-conforming use is determined by the Hearing Examiner Planning Commission as the only method that can protect the public health, safety, and morals to an acceptable degree, the Hearing Examiner Planning Commission shall determine the date and time of termination. Once the privilege is terminated for failure to observe conditions, the Hearing Examiner Planning Commission shall proceed to direct the Community Development Director to enforce the provisions of this chapter to terminate the use. K. The Hearing Examiner’s decision is a final decision and aAn appeal may be taken of the Hearing Examiner’s Any person aggrieved by the decision of Planning Commission may appeal to the Hearing Examiner as provided in Chapter 1.20 or 18.88 of the Moses Lake Municipal Code. pursuant to MLMC Section 20.11.050. 18.69.050 Remodeling a Non-Conforming Use: Recognizing that there are non-conforming buildings or structures which are now existing which should be upgraded or improved by replacement, rebuilding, or addition thereto, the City Council may, after a public hearing before the Hearing Examiner Planning Commission, issue a permit for the replacement, rebuilding, or addition to an existing non-conforming building or structure. As a condition to the issuance of the permit the City Council shall require plans and specifications of the proposed replacement, rebuilding, or addition be filed and that a bond in an amount to be set by the City Council be posted to assure compliance with the plans and specifications so filed. No permit shall be issued unless the City Council finds that the proposed replacement, rebuilding, or addition will be compatible with the lot or tract of land involved and, further, that it will not be detrimental to the health, safety, or welfare of the surrounding area. The aforesaid section shall not apply to duplexes in areas currently zoned R-1 or areas subsequently zoned R-1 either through a rezoning or upon territory being annexed into the corporate limits of the City of Moses Lake which are intended to be replaced, rebuilt, or added to totally or partially because of destruction. In the case of such replacement, rebuilding, or addition Section 18.69.060 shall apply. 18.71.040 Permitted Uses: The following primary and accessory uses are permitted in a recreational vehicle park, in conformance with Moses Lake Municipal Code Section 18.71.060: Moses Lake Council Packet 4-14-20, Page 214 of 243 A. Primary Uses. 1. Recreational park trailers that are occupied by the park owner or manager 2. A manufactured home that is occupied by the park owner or manager. 3. Recreational vehicles 4. Tents B. Accessory Uses. 1. Utilities and utility buildings, facilities, and equipment to serve a recreational vehicle park 2. Maintenance and storage buildings for management of a recreational vehicle park 3. Collection and recycling of solid waste that is generated within a recreational vehicle park 4. Roadways, pathways, parking lanes, overflow parking areas, and similar infrastructure 5. Open space, recreational facilities for guests, and related amenities 6. Office building, restrooms, showers, laundry rooms, and convenience store 7. Landscaping buffers and perimeter fencing in conformance with Moses Lake Municipal Code Section 18.71.090(K) 8. Signs in conformance with Moses Lake Municipal Code Section 18.71.090(L) 9. Other uses ruled by the Planning Commission as similar to and compatible with the uses listed in this section. 18.71.060 Recreational Vehicle Park Development: A recreational vehicle park shall be developed according to the requirements of this chapter and upon: A. Hearing Examiner Planning Commission approval of a conditional use permit per Chapter 18.51 of the Moses Lake Municipal Code entitled “Conditional and Unmentioned Uses.” B. Hearing Examiner Planning Commission site plan approval per Moses Lake Municipal Code Chapter 18.49 entitled “Site Plans,” in conformance with applicable requirements in this chapter. C. Binding site plan application, review, and approval according to Chapter 17.18 of the Moses Lake Municipal Code entitled “Binding Site Plan.” D. Conformance with the City of Moses Lake Shorelines Management Master Plan, the Shoreline Management Act of 1971 (Chapter 90.58 RCW), and Shoreline Management Permit and Enforcement Procedures (Chapter 173-27 WAC), if within shoreline management jurisdiction Moses Lake Council Packet 4-14-20, Page 215 of 243 E. Compliance with Title 16 of the Moses Lake Municipal Code entitled “Buildings and Construction,” particularly Appendix E of the State Plumbing Code entitled “Manufactured/Mobile Home Parks and Recreational Vehicle Parks,” Chapter 13.05 of Moses Lake Municipal Code entitled “Wastewater Regulations,” Chapter 13.08 of Moses Lake Municipal Code entitled “Water and Sewer Connections,” and all other relevant development codes, standards, and ordinances. F. Conformance with Moses Lake Municipal Code Chapters 19.03 and 19.06 regarding the protection and conservation of resource lands and critical areas, including wetlands. G. Consistency with the City of Moses Lake Comprehensive Plan. 18.76.030 Minimum Conditions: Where a conditional use permit has been granted for use of cargo containers as permanent or temporary storage facilities, the following minimum conditions shall be met: A. The cargo containers shall be used as an appurtenance to the primary use, such primary use being situated in an enclosed adjoining building. B. The cargo containers shall be placed on a level concrete or asphalt surface at all times. C. The cargo containers shall not be stacked. D. A fire apparatus access road shall be provided to both the containers and to the building the containers are appurtenant to. Fire apparatus access roads shall be a minimum of twenty feet (20') wide with thirteen feet six inches (13'6") vertical clearance, shall be hard surfaced, and shall provide access to within one hundred fifty feet (150') of any portion of the container(s). Access roads shall be either looped or provided with an approved turn around as specified in Moses Lake Municipal Code Chapter 16.36 E. The cargo containers shall not be visible to the motoring public or from residential neighborhoods immediately adjacent to the property where it is located unless other measures approved by the Hearing Examiner Planning Commission are employed to mitigate the visual impacts of the containers. However, the Hearing Examiner Planning Commission does not need to require mitigation measures if it determines that the motoring public or adjacent residential neighborhoods are not impacted. F. The cargo containers shall abide by all set back requirements applicable to the zone in which they are located. G. The recipient of the conditional use permit is the only party allowed to use the container(s). H. A container placement permit is required for each container. The permit shall be obtained from the Building Official prior to the arrival of the container on the site. The fee for the container placement permit shall be as specified in MLMC 3.54. The placement permit and fee is required each year for temporary containers. Moses Lake Council Packet 4-14-20, Page 216 of 243 18.78.070 Visibility and Dimensional Standards: All personal wireless services facilities locating within the city shall comply with the following standards: A. Street Pole Mounted Facilities. 1. Antennas. a. Antennas or antenna arrays shall be no greater in size than six feet (6') measured vertically, including the mount, and sixteen inches (16") in diameter measured horizontally. Antennas shall be mounted on street poles. Only one (1) facility shall be permitted on any street pole. Antennas shall be either fully concealed within the street pole or camouflaged to appear to be an integrated part of the street pole. Antennas not flush mounted on the side of the street pole shall be centered on the top of the street pole to which they are mounted and camouflaged or disguised. b. In the event that a utility located upon the street pole requires vertical separation between its utility facilities and the antennas so mounted, the antenna may be raised by a mount to accommodate the separation requirement to an elevation not exceeding an additional fifteen feet (15') or the required separation, whichever is less. Any such mount shall not be greater in diameter than the existing street pole and shall be designed to blend into the colors and textures of the existing street pole. c. Existing street poles may be replaced with a new street pole of the same height, dimensions and appearance as the existing street pole. In the event that a utility located upon the street pole requires vertical separation between its utility facilities and the antennas so mounted, the antenna may be raised by a mount to accommodate the separation requirement to an elevation not exceeding an additional fifteen feet (15') or the required separation, whichever is less. Antenna(s) located upon the new street pole shall meet the standards for mounting an antenna to an existing street pole, as set forth above. 2. Equipment Enclosures Placed in Developed Streets. Equipment meeting the standards set forth below may be located in developed streets. a. Dimensions. 1) Above ground equipment enclosures shall not be greater than six (6) cubic feet in volume. No single dimension shall exceed three feet (3'). 2) Below ground equipment enclosures shall not be greater than six (6) cubic feet in volume. 3) An underground equipment enclosure may be connected to an above ground equipment enclosure with a combined total volume of no greater than twelve (12) cubic feet. Moses Lake Council Packet 4-14-20, Page 217 of 243 b. Appearance. The equipment enclosure shall be constructed so as to minimize its visual impact. Evergreen landscape plantings shall be installed and maintained which completely obscure visibility of the equipment enclosure from the developed street and adjacent properties. 3. Horizontal Separation. For facilities located within developed streets, there shall be a minimum horizontal separation of three hundred feet (300') between the facilities of a single licensed carrier and a minimum horizontal separation of one hundred feet (100') between the facilities of any other licensed carrier. 4. Above Ground Equipment - Not Located Within Public Rights-of-Way. a. Appearance. See MLMC 18.78.070(F). b. Screening and Noise Standards. See MLMC 18.78.070(G). c. Landscaping. See MLMC 18.78.070(G). d. Setbacks. See MLMC 18.78.070(H). B. Attached Facilities. 1. Antennas. Antennas and support structures attached to an existing building or structure shall not exceed twenty feet (20') above the highest portion of the building or structure. a. The following are not required to be concealed or camouflaged: 1) Any antenna attached to an existing monopole or tower, in compliance with MLMC 18.78.070(E). 2) Any antenna attached to a City of Moses Lake water reservoir. 3) A whip antenna two inches (2") or less in diameter. 4) A dish antenna twenty-four inches (24") or less in diameter. 5) Any antenna which is not visible from a public right-of-way. b. All other antennas must comply with the following standards: 1) Roof mounted antennas shall be placed to the center of the roof where possible, and shall either be completely concealed or be fully camouflaged into the building design. This may include the construction of false equipment penthouses on the roofs of buildings or some other concealment type structure, the design of which is approved by the Director. When a roof mount installation is performed, the antennas, mounting brackets and any concealment structures shall be exempt from the height limit of the underlying zone to the extent that the total height of such facilities does not increase the overall building height by more than twenty feet (20'). 2) Wall-mounted antennas shall be mounted flush on the exterior walls of the building, not extend above the building parapet or other roof-mounted Moses Lake Council Packet 4-14-20, Page 218 of 243 structure, and shall either be completely concealed or fully camouflaged into the building design. Whip antennas shall be painted a neutral color, or be fully concealed, at the discretion of the Director. In determining whether to require concealment of whip antennas, the Director shall consider whether the site line diagrams, site plans, and photo simulations submitted by the applicant demonstrate that the whip antennas will not be visible from the public rights-of-way adjacent to the subject property. 2. Equipment Enclosures. Equipment enclosures shall be fully concealed within the interior of the building itself or designed in accordance with the following standards: a. Rooftops. Equipment enclosures located on the roof of a building shall be placed to the center of the roof where possible and shall either be completely concealed or fully camouflaged into the building with architecturally compatible design. b. Ground Mounted. 1) Appearance. See MLMC 18.78.070(F). 2) Screening and Noise Standards. See MLMC 18.78.070(G). 3) Landscaping. See MLMC 18.78.070(G). 4) Setbacks. See MLMC 18.78.070(H). C. New Monopole Towers. 1. Antennas. Antennas shall be no greater in height than six feet (6'). The antenna array and mount, if any, shall extend no further from the center line of the pole than fifteen feet (15') measured horizontally. Antennas shall be painted a natural, non-reflective color matching the monopole that blends into the natural and built surroundings where it is located. 2. Support Structure. Monopoles shall be located in such a manner that a portion of the tower is screened by existing buildings or trees. Also, the pole shall be painted a natural non-reflective color to blend into the surroundings. The height of the monopole shall be no greater than one hundred ten feet (110'). 3. Equipment Enclosures. a. Appearance. See MLMC 18.78.070(F). b. Screening and Noise Standards. See MLMC 18.78.070(G). c. Landscaping. See MLMC 18.78.070(G). d. Setbacks. Monopole support structures and equipment enclosures shall be constructed with a setback of at least one hundred feet (100') from any residential structure or school, two hundred feet (200') from any residentially zoned property, and five hundred feet (500') from the ordinary high water mark of any shoreline of state-wide significance. Monopole support structures shall have a setback from Moses Lake Council Packet 4-14-20, Page 219 of 243 property line of at least one hundred fifteen percent (115%) of the height of the structure. D. Grant County Public Utility District Electric Transmission Towers Outside Developed Streets. 1. Antennas. Antennas shall be no greater in height than six feet (6'). The antenna array and mount, if any, shall extend no further from the center line of the tower than fifteen feet (15') measured horizontally. Antennas shall be painted a color matching the tower so as to blend into the existing tower. 2. Equipment Enclosures. a. Appearance. See MLMC 18.78.070(F). b. Screening and Noise Standards. See MLMC 18.78.070(G). c. Landscaping. See MLMC 18.78.070(G). d. Setbacks. See MLMC 18.78.070(H). E. Co-Location on Existing Monopoles and Towers. 1. Antennas. Antennas shall be no greater in height than six feet (6'). On monopole towers, the antenna array and mount, if any, shall extend no further from the center line of an existing monopole than fifteen feet (15') measured horizontally. On lattice towers, the antennas shall extend no further than ten feet (10'), measured horizontally, from the portion of the lattice tower to which the antennas are mounted. Existing monopole and lattice towers, and any additional equipment co-located thereon shall be painted a natural, non-reflective color that blends into the natural and built surroundings where it is located. 2. Equipment Enclosures. a. Appearance. See MLMC 18.78.070(F). b. Screening and Noise Standards. See MLMC 18.78.070(G). c. Landscaping. See MLMC 18.78.070(G). 3. Setbacks. New equipment enclosures associated with new facilities co-located upon existing monopoles or lattice towers shall be placed no closer to existing residential uses than any existing equipment enclosure on the subject property. F. Appearance. Ground mounted equipment enclosures shall be of the smallest size necessary and painted a natural, non-reflective color so as to blend in with the surroundings. Any new building or structure constructed for housing equipment, other than self-contained equipment cabinets, shall be designed and constructed to be architecturally compatible with buildings in the immediate vicinity and to blend into the surroundings. The exterior of all such buildings or structures shall be finished with masonry or siding and shall have a peaked roof. Buildings or structures with non-masonry exterior finishing shall be painted a natural, non-reflective color. Pre-fabricated concrete and metal structures shall not be permitted unless treated with a facade meeting the requirements of this paragraph. Moses Lake Council Packet 4-14-20, Page 220 of 243 G. Landscaping, Screening and Noise Standards. 1. Facilities that produce noise. Unless the applicant demonstrates that the proposed facility will generate no increased sound levels, as measured at the property line of the subject property at any time of day or night, ground-mounted equipment cabinets and equipment enclosures shall be surrounded with a solid masonry or concrete wall on all four (4) sides, comprised of at least four inches (4") of solid masonry or concrete components. Said wall shall be located within five feet (5') of any noise source associated with the equipment enclosure and shall have a height that is at least three feet (3') above the highest point of the noise source. Gates or doors providing access to areas within said wall shall be constructed of a solid material and shall not be located on the wall immediately adjacent to the noise source. Any such noise source shall be oriented to minimize impacts on neighboring residential properties. The equipment enclosures shall be surrounded by a ten foot (10') wide Type III landscape buffer, located in front of the masonry or concrete wall of such structure, as specified in MLMC Chapter 18.57. 2. Facilities that do not produce noise. Ground mounted equipment enclosures which are not required to be surrounded by a masonry or concrete wall shall be surrounded with a six foot (6') tall sight-obscuring fence and a five-foot (5') wide Type III landscape buffer, as specified in MLMC Chapter 18.57. 3. Alterations. The landscaping requirements of this subsection may be varied by the Hearing Examiner Planning Commission on a case-by-case basis when the Hearing Examiner Planning Commission determines that landscaping is not necessary, that the equipment enclosure is not visible to the public, that landscaping is not practical, or that an alternative landscaping or concealment plan would result in a greater degree of concealment of an equipment enclosure. H. Setbacks. All portions of a personal wireless services facility, including equipment enclosures, shall be constructed with a setback of at least one hundred feet (100') from any residential structure or school or residentially zoned property. 18.81.010 Amendments and Zoning Change Procedures: The regulations, classifications, or zone boundary lines may be amended by ordinance in the following manner: A. The Planning Commission, upon receipt of an amendment or zone change request initiated by the City, or after a motion of its own shall investigate the merits of the request. Staff shall set a public hearing date at which time the request can be considered. B. Following the hearing, the Planning Commission shall forward its recommendation and findings to the City Council. C. After receiving a recommendation from the Planning Commission, the City Council may consider the request. If the City Council finds the amendment is in the public interest, benefits the public welfare of the community, and is consistent with the city General Plan, it shall so amend this title. Moses Lake Council Packet 4-14-20, Page 221 of 243 D. All applications for site-specific zone change requests by applicants other than the City shall be submitted to the Community Development Department for review and processing. After review of the application, the Community Development Director shall determine which of the two processes should occur to properly hear the rezone request: 1. If the rezone is consistent with the comprehensive plan, then the Hearing Examiner shall conduct a public hearing on the rezone and make a decision pursuant to Chapter 18.80 MLMC. 2. If the rezone is in conflict with the comprehensive plan, or there are no policies that relate to the rezone, or the policies are not complete, then a comprehensive plan map amendment shall also be required. The Planning Commission shall conduct a public hearing on the comprehensive plan map amendment and the rezone concurrently and make a recommendation to the city council. 20.03.030 City Council: In addition to its legislative responsibility, the City Council shall review and act on the following subjects: A. Recommendations of the Planning Commission. B. Appeals of administrative interpretations. C. Appeals of Hearing Examiner decisions pursuant to Chapter 18.80 D. Appeals of the Municipal Services Director’s and/or Planning Commission’s decisions pursuant to Chapter 20.08 and Title 18. E. Appeals of Planning Commission rulings on continuations, extensions or remodeling of nonconforming uses pursuant to Chapter 18.69. F. Appeals of Plat Administrator decisions and Planning Commission recommendations pursuant to Title 18. G. Appeals of Planning Commission decisions pursuant to Chapter 20.08. H. Appeals of Planning Commission decisions regarding conditional and unmentioned uses under Chapter 18.51. I. Appeals from decisions of the Building Official pursuant to Title 16 when no other appeal is provided for therein. 20.03.040 Planning Commission: A. The Planning Commission shall review and make recommendations on the following applications and subjects: 1. Amendments to Comprehensive Plan. 2. Amendments to the Subdivision Code, Title 17. Moses Lake Council Packet 4-14-20, Page 222 of 243 3. Amendments to the Zoning Code, Title 18, or the Official Map(s). 4. Amendments to the Environmental Regulations, Title 14. 5. Applications for Short and Major Subdivision variances pursuant to Sections 17.09 and 17.12. 6. Appeals of Short Subdivision applications from the Plat Administrator pursuant to Chapter 17.09. 7. Appeals of applications for Home Occupation uses pursuant to Chapter 18.55. 8. Requests for permitting of Conditional and Unmentioned Uses pursuant to Chapter 18.51. 9. Appeals of staff decisions regarding Off-Street Parking pursuant to Chapter 18.54. 105. Other actions requested or remanded by the City Council. 116. City-initiated rRezone requests pursuant to Chapter 18.81. 7. Site study analysis pursuant to Section 19.03.090. 8. Habitat Management Plan Review pursuant to Section 19.03.170. 12. Subdivision variance requests pursuant to Chapters 17.33. 13. Appeals of staff actions regarding binding site plan applications pursuant to Chapter 17.18 and site plan approval permits pursuant to Chapter 18.49. B. The Planning Commission shall review and act on the following applications and subjects: 1. Site Study Analysis pursuant to Section 20.08.080. 2. Habitat Management Plan Review pursuant to Section 20.08.160. 3. Appeals of Municipal Services Director actions on data analysis pursuant to Section 20.08.070. 4. Extensions or continuations of Nonconforming Uses under Chapter 18.69. 5. Appeals of staff actions regarding landscaping pursuant to Chapter 18.57. 6. Appeals of SEPA Determinations of Non-Significance or Significance under Chapter 14.06. C. The review criteria for certain of the actions are contained in section 20.09.020. 20.03.050 Hearing Examiner: A. The Hearing Examiner shall review and act on the following subjects: 1. Requests for variances of the requirements of the City’s Zoning Code, Title 18, such as standards and dimensional requirements like height, width, size, setback and yard restrictions, Moses Lake Council Packet 4-14-20, Page 223 of 243 subject to the limitations of RCW 35A.63.110(2) as now enacted or hereafter amended, pursuant to Chapter 18.80. 2. Appeals of the actions of the zoning code enforcement officials of the City pursuant to the City zoning ordinances. 3. Appeals of enforcement and actions pursuant to Chapters 1.20, 18.88, and any other provision of this Code specifying appeal of the enforcement under that section is appealable under this section. 4. Appeals from decisions of the Building Official pursuant to Title 16 when no other appeal is provided for therein. 5. Extensions or continuations of Nonconforming Uses under Chapter 18.69. 6. Appeals of staff actions regarding landscaping pursuant to Chapter 18.57. 7. Appeals of SEPA Determinations of Non-Significance or Significance under Chapter 14.06. 8. Applications for Short and Major Subdivision variances pursuant to Sections 17.09 and 17.12. 9. Appeals of Short Subdivision applications from the Plat Administrator pursuant to Chapter 17.09. 10. Appeals of applications for Home Occupation uses pursuant to Chapter 18.55. 11. Requests for permitting of Conditional and Unmentioned Uses pursuant to Chapter 18.51. 12. Appeals of staff decisions regarding Off-Street Parking pursuant to Chapter 18.54. 13. Site-specific rezone requests pursuant to Chapter 18.81. 14. Subdivision variance requests pursuant to Chapters 17.33. 15. Appeals of staff actions regarding binding site plan applications pursuant to Chapter 17.18 and site plan approval permits pursuant to Chapter 18.49. B. The review criteria and procedures for the Hearing Examiner are contained in Chapter 18.80. 20.07.030 Notice of Appeal Hearings: In addition to the posting and publication requirements of Section 20.07.020, notice of appeal hearings shall be as follows: A. For administrative approvals, notice shall be mailed to adjacent property owners. B. For Planning Commission recommendations and decisions and Hearing Examiner decisions being appealed to the Council, mailing to parties of record from the Commission or Examiner hearing. C. For Council decisions being appealed to the Hearing Examiner, mailing to parties of record from the Council hearing. Moses Lake Council Packet 4-14-20, Page 224 of 243 20.09.020 Planning Commission and Hearing Examiner Review: A. Staff Report. The City Zoning Administrator shall prepare a staff report on the proposed development or action summarizing the comments and recommendations of City departments, affected agencies and special districts, and evaluating the development’s consistency with the City’s Development Code, adopted plans and regulations. The staff report shall include findings, conclusions and proposed recommendations for disposition of the development application. B. Hearing. The Planning Commission or Hearing Examiner, as applicable, shall conduct a public hearing on development proposals for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the City’s Development Code, adopted plans and regulations. Notice of the Planning Commission or Hearing Examiner hearing shall be in accordance with Section 20.07.020. C. Required Findings. The Planning Commission or Hearing Examiner, as applicable, shall not approve a proposed development unless if first makes the following findings and conclusions: 1. The development is consistent with the Comprehensive Plan and meets the requirements and intent of this Municipal Code. 2. The development makes adequate provisions for open space, drainage ways, streets and other public ways, transit stops, water supply, sanitary wastes, parks and recreation facilities, playgrounds, sites for schools and school grounds. 3. The development adequately mitigates impacts identified under Chapters 14 through 19. 4. The development is beneficial to the public health, safety, and welfare and is in the public interest. 5. The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. If the development results in a level of services lower than those set forth in the Comprehensive Plan, the development may be approved if improvements or strategies to raise the level of service above the minimum standard(s) are made concurrent with the development. For the purpose of this section, “concurrent with the development” is defined as the required improvements or strategies in place at the time of occupancy, or a financial commitment is in place to complete the improvements or strategies within six (6) years of approval of the development. 6. The area, location and features of land proposed for dedication are a direct result of the development proposal, are reasonably needed to mitigate the effects of the development, and are proportional to the impacts created by the development. D. Decision. Upon approving or disapproving a development proposal or action, the Planning Commission or Hearing Examiner, as applicable, shall make its decision by motion, resolution, or ordinance as appropriate and cause a copy of the decision to be delivered to the parties of record Moses Lake Council Packet 4-14-20, Page 225 of 243 20.09.030 City Council Actions: A. Actions. Upon receiving a recommendation from the Planning Commission or Hearing Examiner, or appeal from a Hearing Examiner or Planning Commission decision, or notice of any other matter requiring the Council’s attention, the Council shall perform the following actions as appropriate: 1. Make a decision on a Planning Commission or Hearing Examiner recommendation. 2. At the Council’s discretion, hold a public hearing and make a decision on the following matters: a. Appeal of administrative interpretations. b. Appeal of administrative approvals. c. Other matters not prohibited by law. 3. Hold a closed record hearing and make a decision on the following matters: a. Appeal of a Planning Commission decision. b. Appeal of a Hearing Examiner decision. B. Decisions. The City Council shall make its decision by motion, resolution, or ordinance as appropriate. 1. A Council decision on a Planning Commission or Hearing Examiner recommendation or Hearing Examiner decision or following a public hearing shall include one of the following actions: a. Approve as recommended. b. Approve with additional conditions. c. Modify, with or without the applicant’s concurrence, provided that the modifications do not: 1) Enlarge the area or scope of the project. 2) Increase the density or proposed building size. 3) Significantly increase adverse environmental impacts as determined by the responsible official. d. Deny (reapplication or resubmittal is permitted). e. Deny with prejudice (reapplication or resubmittal is not allowed for one year). f. Remand for further proceedings and/or evidentiary hearing in accordance with Section 20.09.080. Moses Lake Council Packet 4-14-20, Page 226 of 243 Should Legislative Bodies Conduct Quasi-Judicial Hearings? August 31, 2016 by Joseph W. Tovar Category: Land Use Administration , Planning Advisor Should Legislative Bodies Conduct Quasi-Judicial Hearings? Can you be a legislator and a judge at the same time? Any high school civics student can correctly answer this question with respect to the federal and state governments. The answer is an unequivocal “no” because of the separation of powers doctrine - one of the key principles contained in both the federal and state constitutions. The response to this issue at the local government level, however, has historically been different, particularly with respect to the land use permit review process. People are elected to Congress or the Washington State Legislature to be lawmakers. They make the law by adopting legislation. The administration and enforcement of laws adopted by those legislators is the responsibility of the executive branch. The judicial branch of government plays a very different role - it applies the meaning of the law to cases brought before it. Adjudication requires reviewing evidence and arguments and applying the law to the facts of the case to determine the outcome. In contrast to the legislative and executive branches, which are unquestionably political bodies, the judicial branch at both the federal and state level was designed to be apolitical – rendering judgments based on facts and law, not on popular opinion or campaign promises. This “separation of powers” has been less absolute at the local government level in Washington. Since statehood, local governments have mirrored the distinct roles and functions of the legislative branch (e.g., city, town, and county councils) and the executive branch (e.g., elected mayors). However, until the 1970’s, councils in all Washington cities also played a “quasi-judicial” role with respect to certain land use permits. They were responsible not only for adopting local zoning laws, but sitting in judgment on appeals when zoning permits were approved or denied by an administrator, a board of adjustment, or a hearing examiner. Any party dissatisfied with the council’s decision on such appeals may appeal to superior court. A superior or appellate court may overturn a council’s decision, but significantly, depending on the circumstances, may also impose financial judgments against the city. Since the 1970s, many counties and cities have moved away from the “quasi-judicial” role. This movement began with the adoption by local governments of the hearing examiner system to conduct public hearings on many quasi-judicial land use permits, building a record, and adopting conclusions of law to support the decision. Hearing examiners are hired because of their background in land use law and most are lawyers. Their professional training enables them to avoid procedural or other errors that would undermine the legal sufficiency of the permit review and decision. As non-elected officials, Moses Lake Council Packet 4-14-20, Page 227 of 243 hearing examiners are insulated from political pressures and are relied upon to render objective and impartial decisions. Many cities in the state now use hearing examiners to conduct at least some quasi-judicial public hearings. While council action is required on rezones, the law gives councils the option to assign to their hearing examiners authority to make final decisions on other types of quasi-judicial permits. Examples of such permits are conditional use permits, variances, planned unit developments, design review approvals, site plan approvals, and short subdivisions. Over the past decade, many city councils have removed themselves from final approvals and appeals of these types of quasi-judicial decisions, delegating that responsibility to their hearing examiners. This means that any appeals of a hearing examiner’s decision are taken directly to superior court rather than to the council. Why have those cities, including Covington, Kirkland, Mercer Island, Shoreline, and Edmonds, taken this step? Why should your council consider following their lead? There are many reasons, but here are the top three: 1. One major concern is the financial risk of having lay elected officials with no training or background in the law attempting to, in effect, practice law. That is why the Washington Cities Insurance Authority, the risk pool for many cities in the state, strongly encourages councils to divest themselves as much as possible of the quasi-judicial role. There are a number of procedural pitfalls that could expose the city treasury to multi-million dollar judgments. Even the most intelligent, best-intentioned, and detail-oriented people make mistakes. The risk of such mistakes is amplified at least seven-fold when seven non-legally trained council members are involved, rather than a single legally-trained hearing examiner. When sitting as a quasi-judicial body, some city councils conduct not only the hearing but also their deliberations in open session. Some do so in an effort to make the process more transparent, but this practice also increases the surface area for a procedural misstep to occur. A too frequent error is allowing a member of the public to make comment outside the record, after it is closed. Sometimes council members feel compelled to make off-the-cuff remarks in an attempt to mollify unhappy citizens, a practice which is fraught with risk. A hearing examiner listens to public comments at the hearing and may ask questions of clarification, but her/his deliberation is an internal mental process – it occurs after the hearing is over, not while it is still in session. 2. Quasi-judicial cases can be extremely time intensive. The record and written and oral argument can consume many hours of time to be sufficiently reviewed, debated, and discussed. This is typical even for project permits that are fairly small in scope, such as a four-lot short plat or a variance for an individual house. City councils have many demands on their agenda time including issues with far greater impact on the well-being of the entire community. Only the elected council can adopt city budgets, ordinances and programs, and provide overall policy direction to the many functions of the city organization. They cannot delegate those responsibilities to others. With the exception of rezones, councils can delegate the quasi-judicial role. Moses Lake Council Packet 4-14-20, Page 228 of 243 3. The quasi-judicial role frequently places city council members in an untenable lose-lose predicament. Elected officials can be caught between the need to be responsive to the desires of their constituents and their duty to be responsible to the clear legal criteria governing the permit decision before them. For example, elected officials involved in a quasi-judicial hearing may not engage in “ex parte” discussions with community members about the pros and cons of that case, which can be frustrating for both parties. Doing the right thing by the legal criteria for a decision may result in a political cost at the next election, while departing from the legal framework in order to satisfy constituents runs the risk of a potentially catastrophic hit on the city treasury. The reasons for councils to remove themselves from the quasi-judicial role are many and compelling. This does not mean that they can no longer be responsive to the needs of their communities and citizens. Indeed, it should be remembered that every quasi-judicial decision is governed by the applicable land use policies and code standards that are adopted by – the city council! To that end, a council’s time and attention to land use matters is best invested in adopting clear and effective policies and codes that govern all permits, including quasi-judicial ones. Several cities also require an annual report from their staff and hearing examiners summarizing the nature, frequency, and disposition of quasi-judicial permits. Such ongoing monitoring enables them to identify land use policies or standards that should potentially be revised. By playing this legislative role, a role for which they are uniquely suited and which only they can play, a city council can more effectively provide needed direction to the development of their community without exposing the city to needless financial risk. Moses Lake Council Packet 4-14-20, Page 229 of 243 ADM.02 CITY COUNCILS AND GOVERNING BOARDS Issued: 01/1988 Revised: 12/2011 Revised: 05/2016 POSSIBLE EXPOSURES: Council and Board members have some immunity from lawsuits when acting in their official legislative capacity, but it is not absolute. Their actions can expose the Member to liability claims. Exposure may result from, but is not limited to, land use decisions (Councils), conflicts of interest, violation of the Open Public Meetings Act (OPMA), Competitive Bid Laws, the Appearance of Fairness Doctrine, the Public Records Act, and employee interference, discrimination and/or harassment. RECOMMENDED CONTROLS Councils and governing boards may act in both a quasi-judicial and legislative capacity. When acting in a quasi-judicial capacity (i.e. where property owners seek a change in status for the legal use of property such as variances, zoning changes, conditional use permits, plat approval, permit appeals, etc.) the council or governing board is subject to the Appearance of Fairness doctrine and must act fairly and impartially to determine compliance with existing laws, base their decision only on the record presented, and not give preferential or discriminatory treatment to any private organization or individual, regardless of political consequences. Ex parte contact outside of the hearing, with the applicant or other interested parties, must be avoided. In the legislative role, a council or board has the power to pass budgets and implement laws and policies regulating local and municipal matters, usually through the enactment of ordinances and resolutions. Councils and boards further have the exclusive authority to approve contracts and pay claims on behalf of the Member unless that authority has been delegated in whole or in part by ordinance or resolution. Purely legislative decisions are subject to normal political debate and citizen input. In all cases Council and Board actions should not be arbitrary and capricious and should be supported by a clear record and written findings when appropriate. Laws and regulations must be enacted for a legitimate governmental purpose such as the protection of public health, safety, morals or the environment. Council and Board members may not use public office for private gain. TRAINING Every Member of a public agency’s governing body is required to receive training on Open Public Meetings, pursuant to RCW 42.30, the disclosure of public records pursuant to RCW 42.56 and records retention pursuant to RCW 40.14 within 90 days of taking the oath of office or assuming duties of the office. Councilmembers must also have refresher training at intervals of no more than four years (RCW 42.30.210 and 42.56.150). These Moses Lake Council Packet 4-14-20, Page 230 of 243 trainings are available periodically through WCIA and through the State Attorney General’s website. In addition to governing board training, City Council members should receive training on the Appearance of Fairness Doctrine, (RCW 42.36), which established the guidelines for fairness at quasi-judicial hearings. WCIA also strongly recommends the use of a Hearing Examiner. A Hearing Examiner will: 1) conduct quasi-judicial hearings on land use applications; 2) make written findings of fact or conclusions of law based on information presented at a public hearing; and 3) issue a decision or recommendation to the council based on the record developed at the hearing. Use of Hearing Examiners may reduce the occurrence of allegations of bias since they are objective and experienced in streamlining the process. The Washington Cities Insurance Authority offers Council and Board orientation training as well as land use training to Member City Councils. The Association of Washington Cities (AWC) also offers workshops for newly elected officials. Please contact AWC directly for more information. There are many publications available to Washington State local government employees and officials at no charge through the Municipal Research Services Center (MRSC). CONFLICTS OF INTEREST Laws governing conflicts of interest in the State of Washington come from the state constitution, statutes and common or case law. Generally, the Municipal Code of Ethics is contained in chapter 42.23 RCW. Specific prohibited acts are set forth in RCW 42.23.070. Under the principle that public officers hold a public trust, public officers are held to a standard of behavior that does not undermine or appear to undermine that trust. Council and board members should consider whether their impartiality may be questioned whenever their involvement in a particular matter involving specific parties might affect their personal and business relationships. Direct and remote conflicts should be divulged to the other members and the member in question should recuse themselves from the consideration of those issues where a conflict exists. COMPETITIVE BID LAWS All government needs to accomplish projects and purchase goods and services. It is the goal to ensure those quality products, goods and services are purchased at the lowest responsible cost. Council and board members should be well acquainted with the Competitive Bid Laws established under chapter 39.04 RCW and other applicable Moses Lake Council Packet 4-14-20, Page 231 of 243 statutes. Non-competitive bidding procedures should also comply with specific requirements of State law. PERSONNEL ISSUES Council and board members should receive orientation regarding their role, or lack thereof, in the personnel arena. It is important for council and board members to understand the limits of their roles with staff. Conflicts may result from overstepping the boundaries between the respective roles of the legislative branch and the executive branch of government. In general, depending on the form of government, the (strong) mayor, city manager or agency director is responsible for employee supervision and discipline. Council and board members who act in or outside of council meetings to direct, interfere, harass, threaten, defame or unlawfully discriminate against employees (or applicants for employment) may be subject to liability claims against them personally and expose the Member to possible liability for which they have no immunity. Moses Lake Council Packet 4-14-20, Page 232 of 243 MEMORANDUM April 10, 2020 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Subject: 2019 Year-End Budget Revenue and Expenditure Report I am pleased to submit the City of Moses Lake’s 2019 year-end actual results compared to budgeted Revenue and Expenditure Report for all city funds. 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 summer. Overall, Citywide 2019 budget performance has produced a stable revenue position, while departmental expenditures have been restrained below authorized budget levels. General Fund revenue exceeded budget by $2.48 million, with expenditures coming in below budget by $400 thousand, but because the budget was set to use fund balance of about $2.5 million, actual results produced an increase in General Fund Balance of about $362 thousand. Total revenue for all funds is $74.5 million, while total expended is $71.9 million, adding $2.6 million to citywide reserve balances. Over half of this increase came in the Street capital improvement fund as the Stratford Road pavement project was postponed into 2020. This report is summarized by type of fund, and reported by functional type, and includes the following sections:  City-Wide Overview  General Fund Revenue Analysis  General Fund Expenditure Analysis  Other Funds Analysis  Fund Balances  Exhibit I—Fund Detail that supports the Summaries Moses Lake Council Packet 4-14-20, Page 233 of 243 City-Wide Overview All operating funds met or exceeded budgeted revenue, with the exception of the Solid Waste (Sanitation) fund which had a rate reduction at the beginning of December because of a favorable contract negotiation with our hauler. Operating fund expenditures were constrained below budgeted levels, so that overall fund balances increased. The exceptions are the Tourist Promotion, Water/Wastewater, and Building Maintenance funds, which intentionally used fund balance which had been saved for capital purposes. 2018 Amended Percent Actual Budget Actual Rec'd General Fund 24,764,886$ 23,473,039$ 25,953,247$ 110.6% Operating/Enterprise Funds 34,668,228 34,676,853 37,625,189 108.5% Capital Improvement Funds 5,930,153 7,720,600 7,973,837 103.3% Risk Mgmt/Employee Benefit 578,815 695,200 704,765 101.4% Debt Service Funds 2,261,750 2,269,749 2,269,748 100.0% Total City Revenues 68,203,832$ 68,835,441$ 74,526,786$ 108.3% 2019 Revenue Comparison (Budget vs. Actual--100% of year) 2018 Amended Percent Actual Budget Actual Spent General Fund 23,938,240$ 25,990,200$ 25,591,246$ 98.5% Operating/Enterprise Funds 32,124,193 39,492,052 36,732,743 93.0% Capital Improvement Funds 3,740,288 11,931,000 6,471,837 54.2% Risk Mgmt/Employee Benefit 621,199 852,500 837,344 98.2% Debt Service Funds 2,261,923 2,268,715 2,269,615 100.0% Total City Expenditures 62,685,844$ 80,534,467$ 71,902,785$ 89.3% Expenditure Comparison (Budget vs. Actual--100% of year) 2019 Moses Lake Council Packet 4-14-20, Page 234 of 243 General Fund Revenue Analysis 2018 18 vs 19 Amended Percent Percent Actual Budget Actual Rec'd Change 310 Taxes Property Tax 6,937,534$ 6,665,000$ 7,480,850$ 112.2% 7.8% Sales Tax 6,632,831 6,665,000 7,216,489 108.3% 8.8% Utility Tax 3,417,552 3,258,600 3,364,293 103.2%-1.6% Gambling Tax 291,499 264,000 263,173 99.7%-9.7% Other Taxes 92,962 83,000 89,026 107.3%-4.2% Subtotal-Taxes 17,372,378 16,935,600 18,413,831 108.7% 6.0% 320 Licenses & Permits 751,922 635,500 727,066 114.4%-3.3% 330 Intergovernmental Revenues 803,285 748,470 890,364 119.0% 10.8% 340 Charges for Goods & Services 3,283,878 3,379,814 3,727,158 110.3% 13.5% 350 Fines and Penalties 807,553 809,000 992,390 122.7% 22.9% 360 Miscellaneous Revenues 535,997 349,655 650,741 186.1% 21.4% 390 Other Financing Resources 1,209,874 615,000 551,697 89.7% Total General Fund Revenues 24,764,887$ 23,473,039$ 25,953,247$ 110.6% 4.8% 2019 General Fund Revenues As of December 31, 2019 - 100% of year Property Tax – This source of revenue grew by 7.8% year over year, which represents an increase in the base levy, long with new construction of about 2.0%. The budget was set significantly below the expected levy because of the potential for a large taxpayer to protest their assessed value, which, fortunately, did not happen. Sales Tax – Although the budget was conservatively estimated, sales tax receipts came in strong, bolstered by strong construction activity and a change in state and federal law adding sales tax to some remote sales activity. 2019 increased 8.8% over 2018 actual levels. The 2020 budget is set below 2019 actual at $7,000,000, but the economic disruption from COVID-19 could drop this major revenue source significantly. Utility Tax – This revenue source experiences fluctuations either from rate adjustments or fluctuations in usage. Year end results showed a reduction compared to the prior year, coming in 1.6% under 2018. Rate increases were offset by the continuing downward trend in telephone utility taxes which is expected as more households abandon their land lines, and phone plans emphasize the purchase of data versus phone service. All utilities except phone demonstrated an increase of 4.1%, which was more than offset by a 26% decrease in the phone taxes. Gambling Taxes—This revenue stream about equaled the budget. Council reduced the card game tax rate over five years, so a year-over-year reduction is expected. Moses Lake Council Packet 4-14-20, Page 235 of 243 Licenses and Permits – This revenue is generated by the business and development community, and is difficult to budget because it is volatile by nature. 2019 results exceeded the budget estimate, but ended 3.3% below 2018 actual, primarily due to the transfer to the State business licensing system, which created some timing issues. Building permits were greater than 2018, which is an indicator of future construction-related sales tax. Intergovernmental Revenue – The major component of intergovernmental revenue is State- shared revenue, which was stable from 2018 to 2019. The major increase comes from the first full year of the COPS hiring grant. Charges for Goods and Services primarily consist of:  Fees charged for Parks and Recreation Programs;  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 Overall this revenue source came in above both budget and prior year actual. The major area of growth included the busy Engineering schedule charging capital projects, and a strong season for the aquatic center. Fines and Penalties consist almost entirely of fines generated by the red-light camera program, which totaled $968,900. 2019 actual came in well above prior year actual, because of 4 additional cameras in the fall of 2018. Payments for the operation of the cameras amounted to about $421,000, netting $547,900 for Police Department operations in 2019. Miscellaneous Revenues include interest earnings on investments and facility rentals. This category exceeded budget and prior year actual primarily because of an improvement in the interest rate environment, along with an increase in the balances available to invest. 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, ($500,000 budgeted) and the transfer of Hotel/Motel tax for Parks program. The advertising program was paid directly out of the Tourist Promotion fund, so the transfer of $75,000 was not needed. (2018 included the sales of several properties, which brought in about $700,000.) Summary --Overall, 2019 General Fund revenue of $25,953,247 grew by $1,188,360 or 4.8% over the 2018 actual of $24,764,887. The major components of that growth were in the categories of Property and Sales taxes, and charges for services. If the one-time sale of property is subtracted from 2018 actual, the year-over-year increase raises to $1.9 million or 7.8%. Moses Lake Council Packet 4-14-20, Page 236 of 243 General Fund Expenditure Analysis Since General Fund is 60% 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. Most variances in individual divisions are the result of position vacancies. In order to build reserves for vehicle replacement, and to ensure sufficient resources for the financial and human resources software conversion as well as the asset management and permitting software packages, we redirected some of the salary savings into those internal service funds. General Fund contributed $30,000 more to Fleet Maintenance for equipment replacement; and $100,000 to Central Services to support computer software upgrades. Overall, General Fund expenditures were still below the 2019 budget by about $400,000 or 1.5%, even with the additional internal service fund transfers noted above. Without these additional contributions totaling $130,000, General Fund would have been about $530,000 or 1.8% below the authorized budget. 2018 18 vs 19 Amended Percent Percent Actual Budget Actual Spent Change Legislative 406,453$ 361,809$ 348,327$ 96.3%-14.3% Executive 950,117 1,213,100 1,239,972 102.2%30.5% Finance 1,069,903 1,158,282 1,100,384 95.0%2.8% Community Development 1,317,202 1,561,578 1,411,301 90.4%7.1% Legal 137,943 193,800 208,641 107.7%51.3% Misc. Services 2,422,045 1,824,340 1,808,263 99.1%-25.3% Library 121,665 80,200 78,976 98.5%-35.1% Engineering 1,819,812 2,004,305 2,055,148 102.5%12.9% Parks & Recreation 5,374,003 6,122,855 5,875,717 96.0%9.3% Police 6,807,749 7,627,504 7,644,601 100.2%12.3% Fire 3,511,348 3,842,427 3,819,916 99.4%8.8% Total General Fund Expenditures 23,938,240$ 25,990,200$ 25,591,246$ 98.5% 6.9% 2019 As of December 31, 2019 - 100% of Year General Fund Expenditures Moses Lake Council Packet 4-14-20, Page 237 of 243 Other Funds Analysis Year end results generally performed as expected, with revenue meeting or exceeding budget, and expenditures constrained under budget. Variances in capital funds are related to timing of major projects. Funds under budget by more than 5% Other Operating/Enterprise:  Tourism Activities budget had a $250,000 transfer to the Parks Capital Project fund should it be needed for the Larson Recreation Center project. The cash balance in the capital fund did not warrant this transfer in 2019.  Paths and Trails fund included $31,000 for appropriate projects, such as bike lane marking. These funds were not used in 2019.  Stormwater does not have a separate capital fund, so the capital projects are in the operating fund. This fund was underspent by about $285,000 primarily because of the timing of capital projects. 2018 18 vs 19 Amended Percent Percent Revenues Actual Budget Actual to Budget Change Operating/Enterprise Funds 34,339,992$ 34,676,853$ 37,625,189$ 108.5%9.6% Capital Improvement Funds 5,930,152 7,720,600 7,973,837 103.3%34.5% Risk Mgmt/Employee Benefit 578,815 695,200 704,765 101.4%21.8% Debt Service Funds 2,261,750 2,269,749 2,269,748 100.0%0.4% Subtotal-Revenue 43,110,709$ 45,362,402$ 48,573,539$ 107.1%12.7% Expenditures Operating/Enterprise Funds 32,124,185$ 39,492,052$ 36,732,743$ 93.0%14.3% Capital Improvement Funds 3,740,286 11,931,000 6,471,837 54.2%73.0% Risk Mgmt/Employee Benefit 621,198 852,500 837,344 98.2% 34.8% Debt Service Funds 2,261,922 2,268,715 2,269,615 100.0% 0.3% Subtotal-Expenditures 38,747,591$ 54,544,267$ 46,311,539$ 84.9% 19.5% 2019 Other Funds Revenues and Expenditures As of December 31, 2019 - 100% of Year Moses Lake Council Packet 4-14-20, Page 238 of 243  Building Maintenance, and Fleet Maintenance funds combine operating and capital projects. These funds were underspent primarily because of the delay in constructing the covered storage/shelter at the Public Works complex, and vehicle replacement purchases respectively—these projects are re-budgeted in 2020. Capital Improvement:  Street Repair/Reconstruction fund was below budget by about $1,200,000 because of the timing of the Stratford Road pavement project, which is re-budgeted in 2020.  Water/Sewer Construction was underspent by about $4,000,000 as several projects were in various stages of completion. Unspent project budgets will be carried-forward into the 2020 budget as non-lapsing appropriations. Funds Exceeding Budget: Fortunately, no budgets meet this category in 2019. Other Discussion: We have been watching both the Solid Waste (Sanitation) and Ambulance Funds for sustainability. In the few years, Council has taken steps to stabilize these funds, and both are now covering their own expenses and added to their fund balances. The Sanitation Fund renegotiated the hauling contract, which was estimated to save about $400,000 annually, while the Ambulance Fund received 2 years of reimbursements as a result of participating in the Ground Emergency Medical Transportation (GEMT) program which pays for ambulance trips for Medicaid patients. The Sanitation Fund added about $300,000 to its Fund Balance, bringing the fund balance to about $343,000 or 7.7% of the 2019 actual expenditures. This resulted from a refund from the hauler for the negotiated rates back to April 1, 2019. The Ambulance Fund added $530,000 to fund balance, bringing that balance to $621,000 or 20.7% of 2019 expenditures, resulting primarily from additional GEMT revenue. So because of one time infusions, these funds are formally off the “watch list”. Moses Lake Council Packet 4-14-20, Page 239 of 243 Fund Balance Analysis Fund Balances (or reserves) are prudent to maintain in order to address cash flow fluctuations (i.e. property tax is only collected twice a year in April and October); to respond to emergencies; to match grant opportunities that may arise; and to allow Council some ability to try new programs. The 2019 actual results of expenditures and revenues netted an overall increase in total City fund balances of about $2.6 million. General Fund added about $362,000, bringing the total fund balance to $5.87 million or 23.0% of the actual 2019 expenditures. The Government Finance Officers Association (GFOA) recommends that General Fund maintain a 60 day reserve or 16.7%. General Fund ended 2019 exceeding that target, which gives some extra reserves going into the COVID 19 economic downturn. 16.7% of the expenditures calculates to be $4,282,000, which is about $1,593,000 less than the current balance. Operating/Enterprise Funds added just under $1.0 million to reserves, with the largest increases being in Ambulance and Fleet Maintenance funds. The Ambulance Fund received back reimbursement from GEMT, as discussed above. The transfer to Equipment Rental from various operating funds was increased at year end as reserve balances and budgets allowed, in order to enhance the vehicle replacement fund. The largest use of fund balance was Water/Wastewater, as moneys were transferred to their capital fund to maximize funds available for capital projects. The Building Maintenance fund also included a major building project at the Public Works facility which was funded over the prior few years, so that they used about $550,000. Capital Funds increased their fund balances by $1.5 million, with most of this in the Street capital fund because of the deferral of the Stratford Road pavement project. As discussed earlier, capital fund balances can fluctuate based on the timing of significant projects. A typical pattern is to grow the fund balance for a few years, and then spend it down on a major project. 1/1/2019 Beginning 2019 Actual 2019 Actual 12/31/19 Ending Balance Revenue Expenditures Balance General Fund 5,512,997$ 25,953,247$ 25,591,246$ 5,874,998$ Operating/Enterprise Funds 9,845,821 37,625,189 36,732,743 10,738,267 Capital Improvement Funds 11,382,407 7,973,837 6,471,837 12,884,407 Risk Mgmt/Employee Benefit 943,781 704,765 837,344 811,202 Debt Service Funds 1,496,556 2,269,748 2,269,615 1,496,689 Total City Fund Balances 29,181,563$ 74,526,786$ 71,902,785$ 31,805,564$ Change in Fund Balance Moses Lake Council Packet 4-14-20, Page 240 of 243 Risk Management/Employee Benefit Reserve Funds carry reserves primarily for the general liability program and the Firemen’s Relief and Pension Fund. In the Debt Service funds payments were made as expected, and fund balances are virtually unchanged. Bond issues often have covenants to maintain minimum reserve balances. Revenue bonds typically require one year of debt service payments to remain in reserves. The ending balance of about $1.5 million is in compliance with required covenants. Conclusion: As we go into the uncertain time caused by the COVID 19 outbreak and subsequent stay home orders, we have healthy reserve balances. Management will also analyze on-going operations to see what we can save in current 2020 operations. If sales tax end up dropping by about 20%,we could lose about $1.4 million, which is coincidentally close to the “extra” reserve balance in General Fund. Property and utility taxes should be less effected, although timing of the collections could be slowed. Management will continue to monitor the economic situation and respond accordingly. Moses Lake Council Packet 4-14-20, Page 241 of 243 CITY OF MOSES LAKE 2019 Actual vs. Budget Variance 100% of year completed4th Quarter 2019 01/01/19 2019 Budget-2019 YTD 2019 2019 YTD 2019 12/31/19 Actual Begin.Amended Actual %Amended Actual %(Use) Gain of Ending Fund Bal Revenues Revenues Received Budget Expenditure Expended Fund Balance Fund Balance General Fund Legislative 361,809$ 348,327$ 96.3% Executive 1,213,100 1,239,972 102.2% Finance 1,158,282 1,100,384 95.0% Community Development 1,561,578 1,411,301 90.4% Legal 193,800 208,641 107.7% Misc. Services 1,824,340 1,808,263 99.1% Library 80,200 78,976 98.5% Engineering 2,004,305 2,055,148 102.5% Parks & Recreation 6,122,855 5,875,717 96.0% Police 7,627,504 7,644,601 100.2% Fire - 3,842,427 3,819,916 99.4% Total General Fund 5,512,997$ 23,473,039$ 25,953,247$ 110.6%25,990,200 25,591,246 98.5%362,001$ 5,874,998$ Other Operating/Enterprise Tourism Activities -102 900,231 720,000 835,906 116.1%1,311,864 990,562 75.5%(154,656) 745,575 Grants & Donations -103 757,582 191,104 371,477 194.4%363,688 363,119 99.8%8,358 765,940 Paths & Trails - 114 98,941 2,000 2,351 117.6%31,000 - 0.0%2,351 101,292 Streets - 116 614,981 2,416,500 2,503,678 103.6%2,634,151 2,450,568 93.0%53,110 668,091 Transportation Benefit District - 170 515,106 1,451,000 1,691,661 116.6%1,650,000 1,650,000 100.0%41,661 556,767 Water/Wastewater Operating - 410 2,797,799 12,886,300 13,553,515 105.2%14,883,230 14,275,465 95.9%(721,950) 2,075,849 Sanitation -490 44,492 4,790,000 4,755,439 99.3%4,715,610 4,456,143 94.5%299,296 343,788 Stormwater - 493 413,127 922,000 995,145 107.9%1,176,917 893,808 75.9%101,337 514,464 Airport - 495 95,555 27,000 26,836 99.4%59,009 25,746 43.6%1,090 96,645 Ambulance - 498 91,697 2,902,140 3,525,230 121.5%3,049,570 2,995,430 98.2%529,800 621,497 Central Svc - 517 302,445 1,543,000 1,826,200 118.4%1,696,616 1,629,721 96.1%196,479 498,924 Fleet Management-519 1,571,232 3,598,409 3,791,850 105.4%3,107,088 2,699,296 86.9%1,092,554 2,663,786 Build Maint -528 1,642,633 3,227,400 3,745,901 116.1%4,813,309 4,302,885 89.4%(556,984) 1,085,649 Total Other Operating/Enterprise 9,845,821 34,676,853 37,625,189 108.5%39,492,052 36,732,743 93.0%892,446 10,738,267 Moses Lake Council Packet 4-14-20, Page 242 of 243 CITY OF MOSES LAKE 2019 Actual vs. Budget Variance 100% of year completed4th Quarter 2019 01/01/19 2019 Budget-2019 YTD 2019 2019 YTD 2019 12/31/19 Actual Begin.Amended Actual %Amended Actual %(Use) Gain of Ending Fund Bal Revenues Revenues Received Budget Expenditure Expended Fund Balance Fund Balance Capital Improvement Street Repair/reconst -119 564,719 3,449,600 4,023,150 116.6%3,730,000 2,518,508 67.5%1,504,642 2,069,361 Parks & Recreation Improvement-314 21,338 965,000 724,386 75.1%631,000 445,667 70.6%278,719 300,057 Park Mitigation Capital Proj-315 603,173 6,000 101,909 - - 101,909 705,082 Water Rights - 471 1,809,780 124,560 - - - 124,560 1,934,340 Water/Sewer Construction-477 8,383,398 3,300,000 2,999,832 90.9%7,570,000 3,507,662 46.3%(507,830) 7,875,568 Total Capital Improvement 11,382,407 7,720,600 7,973,837 103.3%11,931,000 6,471,837 54.2%1,502,000 12,884,407 Risk Mgmt/Employee Benefit Reserves Unemployment Compensation - 501 19,041 75,000 68,897 91.9%76,500 73,143 95.6%(4,246) 14,795 Risk Management -503 566,834 583,200 591,067 101.3%725,500 713,882 98.4%(122,815) 444,019 Firemen's Relief & Pension - 611 357,906 37,000 44,801 121.1%50,500 50,319 99.6%(5,518) 352,388 Total Employee Benefit Reserves 943,781 695,200 704,765 101.4%852,500 837,344 98.2%(132,579) 811,202 Debt Service GOB 2016 Refunding-286 184,683 381,334 381,333 100.0%381,334 381,583 100.1%(250) 184,433 Water-Sewer 2011 Bond-450 7,706 565,000 565,000 100.0%564,100 564,400 100.1%600 8,306 Bond Reserve-2011 451 567,600 - - - - 567,600 Water-Sewer 2004 Bond-452 7,344 674,250 674,250 100.0%674,250 674,550 100.0%(300) 7,044 Water-Sewer 2004 Bond Reserve-453 701,500 - - - 701,500 PWTF W/S Debt Serv - 485 20,177 572,765 572,765 100.0%572,765 572,765 100.0%- 20,177 2015 GO Bond Redempt- 487 7,546 76,400 76,400 100.0%76,266 76,317 100.1%83 7,629 Total Debt Service 1,496,556 2,269,749 2,269,748 100.0%2,268,715 2,269,615 100.0%133 1,496,689 Total City Budget 29,181,563$ 68,835,441$ 74,526,786$ 108.3%80,534,467$ 71,902,785$ 89.3%2,624,001$ 31,805,564$ Moses Lake Council Packet 4-14-20, Page 243 of 243