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2020 0609 Council Agenda PacketMoses Lake City Council David Curnel, Mayor | Daryl Jackson, Deputy Mayor | Mike Riggs, Council Member | Karen Liebrecht, Council Member Don Myers, Council Member | David Eck, Council Member| Dean Hankins, Council Member Moses Lake Civic Center – 401 S. Balsam Regular Meeting Agenda – REMOTE ACCESS ONLY Tuesday, June 9, 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: 982 7611 3703 or online https://zoom.us/j/98276113703 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 May 20 and 26, 2020 b.Claims and Payroll c.Franchise Application – Fee Schedule Amendment Resolution 3807 d.Build on Unplatted Grant County Hospital District (Samaritan) Resolution 3803 e.Build on Unplatted Community Services (Food Bank) Resolution 3808 Moses Lake Council Packet 6-9-20, Page 1 of 135Continued …. June 9, 2020, City Council Meeting Page 2 ______________ Consent Agenda Continued: f.Sydney Development Preliminary Plat Approval g.Moses Lake School District Joint Facility Use Agreement h.Summer Day Camp Opening Old Business – none scheduled New Business #2 #3 Motion pg 127 Six-Year Transportation Improvement Plan – First Presentation Presented by Fred Snoderly, Municipal Services Director Summary: Council to review only pg 130 Rescind Ordinance 2934 Comp Plan Update, Ordinance 2952 Presented by Vivian Ramsey, Interim Planning Manager Summary: Council to review and consider adoption Administrative Reports Council Communications and Reports Executive Session To consider the minimum price at which real estate will be offered for sale and for litigation pursuant to RCW 42.30.110 (1) subsections (c) and (i) Adjournment Moses Lake Council Packet 6-9-20, Page 2 of 135 MOSES LAKE CITY COUNCIL May 20, 2020 CALL TO ORDER A special meeting of the Moses Lake City Council was called to order at 12:10 p.m. by Mayor Curnel via zoom online meeting access. ROLL CALL Present: Mayor Curnel, Deputy Mayor Jackson, and Council Members Eck, Riggs, Liebrecht, Myers, and Hankins. EXECUTIVE SESSION Mayor Curnel called an Executive Session to be held for 60 minutes pursuant to RCW 42.30.110(1)(i) to discuss potential litigation and there will be no further business. ADJOURNMENT The special meeting was adjourned at 1:05 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-9-20, Page 3 of 135 MOSES LAKE CITY COUNCIL May 26, 2020 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7:02 p.m. by Mayor Curnel via audio only online meeting access. Special notices for attendance and citizen comment were posted on the meeting agenda as well as a special News Flash on the City’s website. ROLL CALL Present: Mayor Curnel, Deputy Mayor Jackson; Council Members Eck, Riggs, Liebrecht, Myers, and Hankins. PLEDGE OF ALLEGIANCE Council Member Dean Hankins led the Pledge of Allegiance. SUMMARY REPORTS MAYOR’S REPORT Moses Lake High School Recruits Since the normal in person presentation will not occur this year, staff had banners made for the students to be displayed by the Fire Department during the graduation parade next Friday for the following seniors: Army-National Guard: Kersey Wilem and Aiden Meyers; US Air Force: Mone Weech; US Navy: Christian James Ramirez; US Marine Corp: Abram Ramirez III, Kayton Carmack, Colin Clemons, and Daniel Emerson. Thank you for your commitment to serve! Moses Lake Watershed Council Mayor Curnel wanted to formally appoint Council Member Riggs to represent the City on the Moses Lake Water Shed Council. Action taken: Council Member Hankins moved to affirm the appointment, second by Council Member Eck. The motion carried 7 – 0. AWC Annual Conference This year’s conference and annual business meeting will be held in a virtual format June 23 – 26. Council are encouraged to register since there is no cost for the online access. CITY MANAGER’S REPORT COVID-19 Phase 2 Opening City Manager Allison Williams said Grant County Health District Administrator Theresa Adkinson has been amazing in her leadership since the pandemic shut down began and thanked her for submitting the application to the state to move the entire County to Phase 2 of reopening. Moses Lake Council Packet 6-9-20, Page 4 of 135 CITY COUNCIL MINUTES – May 26, 2020 pg. 2 CITIZENS COMMENT Homeless Shelter Location Council received petitions from Jennifer DeHoog and Maggie Estrada opposing the Longview Tracks location for a homeless camp. Staff also received and forwarded citizen comment request emails to Council from Don Kersey and Brian Edwards that were in opposition of Council’s May 12 decision of the location for a homeless shelter. CONSENT AGENDA #1 a. City Council meeting minutes dated May 12, 2020 b.Claim Checks 147894 through 148053 in the amount of $1,246,491.82; PayrollChecks 63396 through 63406 in the amount of $12,085.50; and ElectronicPayments dated May 15, 2020, in the amount of $483,813.22c.Set Public Hearing Date for Annual Six-Year Transportation Improvement Plan d.Set Public Hearing Date for Penn Street Right-of-Way Vacate Resolution 3806 e. Accept Stratford Rd Watermain Replacement Projectf.Award Stratford Rd Paving Project Bidg.Farwest Steel Discharge Permit Increaseh.Sagecrest Phase 1 Final Plat Approval Deputy Mayor Jackson requested staff to review the low bid for Stratford Rd Paving Project. Action taken: Deputy Mayor Jackson moved to approve the Consent Agenda as published, second by Council Member Eck. The motion carried 7 – 0. OLD BUSINESS #2 Homelessness Contract for Services Mayor Curnel reviewed the process leading to the May 12 decision for a homeless camp. Due to the large public outcry in opposition, the Council has brought back the topic for reconsideration. Staff provided three options for Council action. Action taken: Council Member Liebrecht moved to select Option 3. To start the homeless outreach only and carry out a process for the location of a long-term need and find a short-term location by the August due date, second by Council Member Riggs. The motion carried 7 – 0. NEW BUSINESS #3 Purchase and Sale Agreement Chamber of Commerce The Chamber approached the City about their desire to relocate in February of 2019. The March 24, 1959, agreement provides a first right of refusal and option for the City to purchase the chamber building for the value of the land plus improvements which is $177, 380. Recreation classes and temporary police location during facility remodel were two examples from staff of how the building may be used. Action taken: Council Member Hankins moved to authorize City Manager Allison Williams to execute the Agreement, second by Deputy Mayor Jackson. The motion carried 7 – 0. Moses Lake Council Packet 6-9-20, Page 5 of 135 CITY COUNCIL MINUTES – May 26, 2020 pg. 3 ADMINISTRATIVE REPORTS City Manager Allison Williams noted that the 6-year Transportation Improvement Plan will have a first reading on June 9, review by Planning Commission on June 11, and Public Hearing prior to adoption by Council on June 23. The first meeting of the Hearing Examiner will be with the Planning Commission tomorrow at 10 a.m. and there will be a kick-off meeting for the Comp Plan Update and Housing Action Plan on Friday. COUNCIL COMMUNICATIONS AND REPORTS Council Member Liebrecht thanked citizens that were involved to help facilitate the Council’s change in decision for the location of homeless services. Council Member Hankins requested to dissolve the Ad Hoc Homelessness Committee and to have future reporting be presented to the full Council. Deputy Mayor Jackson commended Municipal Services staff for the recent safety improvements at Nelson, Wheeler, and L Roads. Mayor Curnel will be attending a Zoom meeting with HopeSource and will report the discussion back to Council. ADJOURNMENT The regular meeting was adjourned at 7:46 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-9-20, Page 6 of 135 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Council Meeting Date: June 9, 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 148054 - 148204 $1,526,741.33 Payroll Checks 0063407 - 0063416 $11,795.90 Electronic Payments Payroll ACH - 05/29/2020 $440,437.78 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 6-9-20, Page 7 of 135 Moses Lake Council Packet 6-9-20, Page 8 of 135 Moses Lake Council Packet 6-9-20, Page 9 of 135 Moses Lake Council Packet 6-9-20, Page 10 of 135 Moses Lake Council Packet 6-9-20, Page 11 of 135 Moses Lake Council Packet 6-9-20, Page 12 of 135 Moses Lake Council Packet 6-9-20, Page 13 of 135 Moses Lake Council Packet 6-9-20, Page 14 of 135 Moses Lake Council Packet 6-9-20, Page 15 of 135 Moses Lake Council Packet 6-9-20, Page 16 of 135 Moses Lake Council Packet 6-9-20, Page 17 of 135 Moses Lake Council Packet 6-9-20, Page 18 of 135 Moses Lake Council Packet 6-9-20, Page 19 of 135 Moses Lake Council Packet 6-9-20, Page 20 of 135 Moses Lake Council Packet 6-9-20, Page 21 of 135 Moses Lake Council Packet 6-9-20, Page 22 of 135 Moses Lake Council Packet 6-9-20, Page 23 of 135 Moses Lake Council Packet 6-9-20, Page 24 of 135 Moses Lake Council Packet 6-9-20, Page 25 of 135 Moses Lake Council Packet 6-9-20, Page 26 of 135 Page 1 of 1 STAFF REPORT To: City Council From: Allison Williams, City Manager Date: June 4, 2020 Proceeding Type: Consent Agenda Subject: Fee Schedule Amendment Resolution 3807 Legislative History: •First Presentation: •Second Presentation: June 9, 2020 •Requested Action: Motion Staff Report Summary The attached resolution amends the City of Moses Lake 2020 Fee Schedule to reflect the application fee for the Franchise and Right of Way Use Authorization Application Form for new, modified, transfer, or renewing requests. Fiscal and Policy Implications The City will collect the fee to recover its costs incurred in receiving, reviewing, processing, considering, denying, or approving the application for issuance of a franchise. Options Option Results •Adopt Resolution Modifies the City of Moses Lake 2020 Fee Schedule •Modify the Resolution Council could direct a change to the fee •Take no action The fee would not be charged Staff Recommendation Staff recommends City Council adopt the Resolution as presented. Attachments Draft Resolution 3807 and Franchise Application Form. Legal Review Original Draft of Application provided by Legal on May 20, 2020. Moses Lake Council Packet 6-9-20, Page 27 of 135 RESOLUTION NO. 3807 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON AMENDING THE 2020 FEE SCHEDULE TO INCORPORATE THE CHARGES FOR A FRANCHISE APPLICATION Recitals: 1. The City Council adopted Resolution 3786 establishing the 2020 Fee Schedule on December 10, 2019; and 2. The City Attorney drafted a new form called Franchise ad Right of Way Use Authorization for location of telecommunication facilities in the City Right-of-Way in May 2020 pursuant to MLMC 5.60.080 License or Franchise Application. Resolved: The following fee will be added to the 2020 fee schedule: Adopted by the City Council of Moses Lake, Washington on June 9, 2020. ______________________________ David Curnel, Mayor ATTEST: _________________________ Debbie Burke, City Clerk Mun. Srvc. Administrative Franchise Application Processing $1,500.00 Moses Lake Council Packet 6-9-20, Page 28 of 135 Municipal Services Department Location: 321 S. Balsam Street Mail to: P.O. Box 1579; Moses Lake, WA 98837 (509)764-3783 Application Received by Date Submitted Franchise and Right of Way Use Authorization Application For Location of Telecommunications Facilities in City Right-of-Way Type Tracking Number The information requested below is the first step in the process of acquiring a franchise with the City of Moses Lake. Upon receiving your response, we will contact you to arrange a preliminary meeting between your representatives and City staff. The meeting will be an opportunity for both parties to get further information. "Applicant" is the entity to which the franchise will be issued. "Authorized Person" is the person authorized by Applicant to complete and file the application on behalf of Applicant and who is authorized to receive any notices on behalf of Applicant of any action taken by the City regarding the franchise application. THIS APPLICATION REQUIRES A FEE $1,500 TO COVER STAFF REVIEW AND ATTORNEY/CONSULTANT TIME. The application will not be deemed complete without Applicant's payment of the $1,500 application fee. The application fee is established to allow the City to recover its costs in receiving, reviewing, processing, considering, denying, or approving the application for issuance of a franchise. The City may request such additional information as it finds necessary and which may be lawfully required. General Information Name of Applicant: Address: City: State: Zip: Telephone: Applicant Organization: State of Incorporation/Formation: Corporation LLC Partnership/Joint Venture Sole Proprietorship If Corporation/LLC, Name of WA Registered Agent: City: State: Zip: Telephone: Name of Person Filing This Application: Title: Company: Address: City: State: Zip: Telephone: Are you serving as the authorized agent for the above-named applicant? If yes, please provide proof of agency. Yes No Moses Lake Council Packet 6-9-20, Page 29 of 135 Property and Facility Information Applicants may attach additional pages as needed for complete responses. 1. This application is for: A new franchise Renewal/amendment of an existing franchise Transfer of a franchise (Please identify the current franchise holder) 2. If renewing/amending an existing franchise, has the franchise expired? Yes No (a) If no, what is the expiration date of your current franchise? 3. Please check all descriptions that apply to this franchise application: Includes installation of facilities for personal wireless services Includes installation of small cell facilities in the right-of-way (as defined in RCW 80.36.375) Includes installation of wireline facilities. Includes installation of less than five facilities in the right-of-way. Includes operation of cable service or other video programming service. Includes installation of a wireless communications tower in the right-of-way. Includes installation of new poles in the right-of-way. Includes installation of replacement poles in the right-of-way. Includes replacement poles over 50 feet tall. Includes installation of ground equipment in the right-of-way. Includes operation of cable service or other video programming service. 4. Do you have an existing pole attachment or lease agreement with owners of poles in the right-of-way? Yes No (a) If yes, please list the owners. Moses Lake Council Packet 6-9-20, Page 30 of 135 (b) Are you currently working with pole owners regarding use of their facilities and their requirements for leases/pole attachments? Yes No (c) Is the applicant requesting to locate equipment on or replace any City-owned poles? Yes No (Note: If applicant requests use of a City-owned pole, a separate lease agreement will be required.) 5. Do the proposed facilities require electrical power? Yes No (a) If yes, please describe how the facilities will receive electrical power. (b) Are you coordinating with the local electrical utility about their requirements to provide electrical power to your facilities? Yes No 6. Is backhaul infrastructure to your facilities needed? Yes No (a) Is the backhaul infrastructure provided by a third party? Yes No (b) If backhaul is needed, please describe how the facilities will receive backhaul. (c) Have you commenced coordination with backhaul providers regarding their requirements to provide backhaul services to your facility? Yes No (d) If the facilities are using microwave technologies for backhaul, are there existing macro facilities within the City (or neighboring jurisdictions) to support this technology? Yes No If yes, please describe. The City reserves the right to require additional information as needed. Moses Lake Council Packet 6-9-20, Page 31 of 135 Certification I certify that the information and any attachment herewith submitted are true and correct to the best of my knowledge and that I have the authority to file this application and act on behalf of the above- named telecommunications provider or carrier. ______________________________ ___________________________ ____________________ Signature Printed Name Date Received by: ______________________________ ___________________________ ____________________ Signature Printed Name Date Any person or entity who submits an application shall have a continuing obligation to notify the City in writing of the names, addresses and occupations of all persons authorized to represent or act on behalf of the applicant in matters pertaining to the application. This requirement shall continue until the city has issued a decision or until the applicant withdraws the application. All work performed under a franchise agreement will be reviewed by the City through a site- specific franchise utility permit application. Please address questions to the City’s Engineering Division at (509) 764-3783. Moses Lake Council Packet 6-9-20, Page 32 of 135 Additional Submittal Requirements For A Complete Application: 1. A map of the area to be covered by the franchise, and if known, specific locations of initial and future facility build-out. Identify facilities to be underground, ground based, and aerial. 2. Photo simulations per type and height of pole, concealment techniques and backhaul equipment (if used). 3. If applying for a franchise for personal wireless services facilities, provide a set of preliminary engineering plans, specifications, photo simulations, and a map with sufficient detail to identify the location and route requested for the applicant’s proposed telecommunications facilities. 4. Narrative description of the services that you expect to provide within the City, including: • Whether services will be to commercial and/or residential customers • Anticipated construction beginning/end dates • Description of the telecommunications facilities and/or other equipment (including personal wireless services facilities) proposed to be located within the right-of-way • Description of any interconnection and electrical requirements, as well as height and concealment techniques 5. Evidence of registration in the one-number locator service, as described in RCW Chapter 19.122.027. 6. Evidence of registration with the Washington Utilities and Transportation Commission. 7. Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant’s financial ability to construct, operate, maintain, relocate, and remove the facilities. 8. Description of any zoning or land use permits that have been applied for or obtained from the City, as applicable. 9. Description of previous experience in providing the intended service which includes a list identifying, by place and date, other franchises by the applicant, its parent, or subsidiary, where the applicant has obtained a franchise or master permit for the same services proposed in this application. 10. A summary of all utility taxes the proposed activities, facilities, and other equipment will be subject to. If the applicant is currently providing services within the City, provide a summary of the prior years’ tax payments (if any). A copy of a recent tax payment submission is sufficient. If the applicant is not subject to any utility taxes, provide the basis for this exemption. Moses Lake Council Packet 6-9-20, Page 33 of 135 STAFF REPORT To: Allison Williams, City Manager From: Vivian Ramsey, Interim Planning Manager Date: June 3, 2020 Proceeding Type: New Business Subject: Build on Unplatted Property- Grant County Hospital District #1 Legislative History: • First Presentation: June 9, 2020 • Second Presentation: • Requested Action: Motion Staff Report Summary The Community Development Department has received a request from Grant County Hospital District #1 to build on its unplatted parcels (11-0074-000, 11-0074-001). The property is located on Yonezawa Blvd. at Clover Dr. The proposal is to construct a Healthcare Center at this location. Background A building permit cannot be issued on unplatted property in accordance with MLMC 16.02.040 unless the City Council finds that the public interest will not be adversely affected by the issuance of such a permit. All other criteria of land use and building permit requirements will still apply. 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 construction will be delayed until the property is platted. Staff Recommendation Staff recommends that the City Council adopt the Resolution for approval to build on unplatted property as presented, require that a building permit be obtained within six months, and that the property be platted within one year. Attachments: Resolution, Proponent Request, Maps, and Site Plan Legal Review – N/A Moses Lake Council Packet 6-9-20, Page 34 of 135 RESOLUTION NO. 3803 A RESOLUTION ALLOWING THE GRANT COUNTY HOSPITAL DISTRICT #1 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. Grant County Hospital District #1 has requested City Council to allow it to build on unplatted property it owns and described as follows: Parcel 110074000: TX# 14259 IN FU 121 BLK 41 26 19 28 TX# 14259 A PORTION OF FARM UNIT 121, IRRIGATION BLOCK 41, COLUMBIA BASIN PROJECT, GRANT COUNTY, WASHINGTON, ACCORDING THE FARM UNIT PLAT THEREOF FILED APRIL 11, 1954, RECORDS OF GRANT COUNTY, IN SECTION 26, TOWNSHIP 19 NORTH, RANGE 28 EAST,W.M. MORE FULLY DESCRIBED AS FOLLOWS: THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, LYING NORTH OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN QUIT CLAIM DEED OF THE CITY OF MOSES LAKE FILED UNDER AUDITOR'S FILE NUMBER 1067183 AND AUDITOR'S FILE NUMBER 1067177, RECORDS OF SAID GRANT COUNTY. Parcel 110074001: TX# 8784 IN FU 121 BLK 41 LS TX# 9169 26 19 28 TX# 8784 PARCEL 1: THAT PORTION OF FARM UNIT 121, IRRIGATION BLOCK 41, COLUMBIA BASIN PROJECT, ACCORDING TO THE PLAT THEREOF FILED APRIL 11, 1951, RECORDS OF GRANT COUNTY, WASHINGTON, LYING IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 19 NORTH, RANGE 28 EAST WILLAMETTE MERIDIAN. PARCEL 2: THAT PORTION OF FARM UNIT 121, IRRIGATION BLOCK 41, COLUMBIA BASIN PROJECT, ACCORDING TO THE PLAT THEREOF FILED APRIL 11, 1951, RECORDS OF GRANT COUNTY, WASHINGTON, LYING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 19 NORTH, RANGE 28 EAST WILLAMETTE MERIDIAN. Resolved: 1. Grant County Hospital District #1 shall be allowed to construct the Samaritan Healthcare facility on unplatted property provided that all permits and construction plans are submitted and approved by the appropriate city departments. The proponent will obtain a building permit within six months and plat the property within one year. ADOPTED by the City Council on June 9, 2020. _____________________________________ David Curnel, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-9-20, Page 35 of 135 Moses Lake Council Packet 6-9-20, Page 36 of 135 Moses Lake Council Packet 6-9-20, Page 37 of 135 Moses Lake Council Packet 6-9-20, Page 38 of 135 Moses Lake Council Packet 6-9-20, Page 39 of 135 YONEZAWA BLVD CLOVER DRINTERSTATE 90 CLOVER DRMAIERSRD YONEZAWA BLVD Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community CITY OF MOSES LAKE COMMUNITY DEVELOPMENT PLANNING DIVISION LEGEND Council Agenda Site City Limits Path: \\gis-server\gis\Masters\Portal Map Products\Council Map.mxd Date: 5/20/2020 530 0 530265 Feet µ 300 0 300150 Feet PARCEL 110074000 and 110074001 PARCEL 110074000 and 110074001 Moses Lake Council Packet 6-9-20, Page 40 of 135 STAFF REPORT To: Allison Williams, City Manager From: Vivian Ramsey, Interim Planning Manager Date: June 3, 2020 Proceeding Type: New Business Subject: Build on Unplatted Property-Community Services of Moses Lake Legislative History: •First Presentation: June 9, 2020 •Second Presentation: •Requested Action: Motion Staff Report Summary The Community Development Department has received a request from Community Services of Moses Lake (CSML) to build on its unplatted parcels (170373000 and 170374000). The property is located at 9299 ne Beacon Rd. The proposal is to construct a Food Bank with a Warehouse and Distribution Center at this location. Background A building permit cannot be issued on unplatted property in accordance with MLMC 16.02.040 unless the City Council finds that the public interest will not be adversely affected by the issuance of such a permit. All other criteria of land use and building permit requirements will still apply. 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 construction will be delayed until the property is platted. Staff Recommendation Staff recommends the City Council adopt the Resolution for approval to build on unplatted property as presented and require that the property be platted within one year. Attachments: Resolution, Proponent Request, Maps, and Site Plan Legal Review – N/A Moses Lake Council Packet 6-9-20, Page 41 of 135 RESOLUTION NO. 3708 A RESOLUTION ALLOWING COMMUNITY SERVICES OF MOSES LAKE 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. The Community Services of Moses Lake has requested City Council allow it to build on unplatted property it owns and described as follows: PARCEL 170374000- TAX# 1970 A TRACT OR PARCEL OF LAND CONSISTING OF 2 ACRES, MORE OR LESS, SITUATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE NORTHERLY ALONG THE WEST SIDE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION, 336.20 FEET TO A POINT; THENCE EASTERLY, 287.87 FEET TO A POINT; THENCE SOUTHERLY, 335.93 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE WESTERLY, 287.66 FEET TO THE POINT OF BEGINNING. LESS EXISTING ROADWAY. PARCEL l 170373000- TAX# 1969 A TRACT OR PARCEL OF LAND CONSISTING OF 2 ACRES, MORE OR LESS, SITUATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10, WHICH POINT IS 774.74 FEET WEST OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE WESTERLY, 257.83 FEET TO A POINT; THENCE NORTHERLY, 335.93 FEET TO A POINT; THENCE EASTERLY, 258.04 FEET TO A POINT; THENCE SOUTHERLY, 335.66 FEET TO THE POINT OF BEGINNING. Resolved: 1. Community Services of Moses Lake, Inc. be allowed to construct a food bank and warehouse distribution center on unplatted property provided that all permits and construction plans are submitted and approved by the appropriate city departments. The proponent will obtain a building permit within six months and plat the property within one year. ADOPTED by the City Council on June 9, 2020. _____________________________________ David Curnel, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-9-20, Page 42 of 135 Moses Lake Council Packet 6-9-20, Page 43 of 135 Moses Lake Council Packet 6-9-20, Page 44 of 135 Moses Lake Council Packet 6-9-20, Page 45 of 135 Moses Lake Council Packet 6-9-20, Page 46 of 135 MARKETSTGRAPEDRGARY ST SR- 1 7 BEACON RDGRAPEDRMARKETSTSR- 1 7 BEACON RD Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community CITY OF MOSES LAKE COMMUNITY DEVELOPMENT PLANNING DIVISION LEGEND Council Agenda Site City Limits Path: \\gis-server\gis\Masters\Portal Map Products\Council Map.mxd Date: 5/26/2020 190 0 19095 Feet µ 100 0 10050Feet PARCEL 170373000 and 170374000 PARCEL 170373000 and 170374000 Moses Lake Council Packet 6-9-20, Page 47 of 135 Moses Lake Council Packet 6-9-20, Page 48 of 135 Moses Lake Council Packet 6-9-20, Page 49 of 135 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Vivian Ramsey, Interim Planning Manager Date: June 5, 2020 Proceeding Type: Consent Agenda Subject: Sydney Development Preliminary Plat Legislative History: • First Presentation: June 9, 2020 • Second Presentation: • Action: Motion Staff Report Summary Attached for City Council consideration are the Findings of Fact and Conditions of Approval for Sydney Development Preliminary Major Plat. The Planning Commission considered the application during a public hearing on February 13, 2020. Background The proposal is a 31-lot subdivision which creates 30 new lots and replats one lot (lot 31.) The subject property is approximately 7.8 acres in size. The proposal is located at 1510 Roberta St, and 418 E. Sharon Ave. The Planning Commission has recommended approval of the Sydney Development Major Preliminary Plat with certain conditions. Fiscal and Policy Implications: None Options Option Results • Approve Sydney Development Preliminary Major Plat Sydney Development Preliminary Plat can move forward with development, creating 30 new residential lots. • Take no action. The proposed development does not move forward. Moses Lake Council Packet 6-9-20, Page 50 of 135 Page 2 of 2 Staff Recommendation Staff recommends approval of Sydney Development Major Preliminary Plat and Findings of Fact as recommended by the Planning Commission. Attachments A. Findings of Fact B. Maps & Aerial Legal Review N/A Moses Lake Council Packet 6-9-20, Page 51 of 135 Moses Lake Council Packet 6-9-20, Page 52 of 135 Moses Lake Council Packet 6-9-20, Page 53 of 135 Moses Lake Council Packet 6-9-20, Page 54 of 135 Moses Lake Council Packet 6-9-20, Page 55 of 135 Moses Lake Council Packet 6-9-20, Page 56 of 135 Moses Lake Council Packet 6-9-20, Page 57 of 135 Moses Lake Council Packet 6-9-20, Page 58 of 135 Moses Lake Council Packet 6-9-20, Page 59 of 135 Moses Lake Council Packet 6-9-20, Page 60 of 135 Moses Lake Council Packet 6-9-20, Page 61 of 135 Moses Lake Council Packet 6-9-20, Page 62 of 135 Moses Lake Council Packet 6-9-20, Page 63 of 135 Moses Lake Council Packet 6-9-20, Page 64 of 135 Moses Lake Council Packet 6-9-20, Page 65 of 135 Moses Lake Council Packet 6-9-20, Page 66 of 135 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Spencer Grigg, Parks & Recreation Director Date: June 5, 2020 Proceeding Type: Consent Agenda Subject: Joint Use Agreement with School District Legislative History: • First Presentation: June 9, 2020 • Second presentation: • Action: Motion Staff Report Summary Our joint use agreement with the Moses Lake School District expired the end of May. The document is designed to be reviewed and updated on an annual basis. The only changes made to the current agreement are the applicable dates in the document. Background We created this agreement to facilitate both organizations utilizing each other’s tax funded facilities. Fiscal and Policy Implications No fiscal impact. Options Option Results • Approve agreement Joint usage of facilities • Take no action. No joint use of facilities. Staff Recommendation Staff recommends that the Moses Lake City Council approve the document as written. Moses Lake Council Packet 6-9-20, Page 67 of 135 Page 2 of 2 Attachment A. Proposed Interlocal Agreement Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Contract (ILA) Agreement for Joint Use of Facilities Moses Lake Council Packet 6-9-20, Page 68 of 135 AGREEMENT FOR JOINT USE OF FACILITIES BETWEEN CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 This Agreement is made and entered into June 1st, 2020, by and between the City of Moses Lake, Grant County, Washington, a code city, duly organized and operating under and by virtue of the laws of the State of Washington (“City”), and the Moses Lake School District No. 161, Grant County, Washington, a municipal corporation, duly organized and operating under and by virtue of the laws of the State of Washington (“District”), and jointly referred to as “Parties.” Recitals. Whereas, the City and the District are mutually interested in meeting youth and community demands for more developmental and recreational opportunities. Whereas, the City and the District wish to enter into an agreement for the coordination of facilities owned by the City and the District. Whereas, the Interlocal Cooperation Act, RCW Chapter 39.34, provides that any two public agencies of the state having separate authority to exercise a particular power may enter into an agreement for cooperative or joint exercise of that power. Now, Therefore, in consideration of the foregoing recitals and the terms, conditions, covenants, and agreements set forth herein, the Parties agree as follows: 1. Purpose. The purpose and intent of this Agreement is to provide for the joint use of facilities that belong to the City and/or the District in a manner which does not interfere with the specific educational and/or recreational purposes for which the facility was intended. 2. Duration. This Agreement shall be for a one (1) year period commencing on June 1, 2020, and ending May 31, 2021 unless terminated earlier upon a breach of this Agreement by a party pursuant to Section 2.1 below. 2.1 Upon breach of this Agreement by either party, the other party shall give written notice of the intent to terminate the Agreement specifying the claimed breach and action required to cure the breach. If the breaching party fails to cure the breach within five (5) calendar days from receipt of said written notice, the other party may terminate the Agreement upon written Moses Lake Council Packet 6-9-20, Page 69 of 135 CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 2 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES 3. Joint Board. This Agreement shall be administered by a joint board composed of the City Parks and Recreation Director, or other designated City representative, and the District Facility Scheduler, or other designated District representative. 4. Facilities. 4.1 City Facilities as identified on “Appendix A”. 4.2 District Facilities as identified on “Appendix B”. 5. Use of Facilities. 5.1 Priority of Use. The City shall have priority use of the District Facilities when not scheduled for use by the District. The District shall have priority use of the City Facilities when not scheduled for use by the City. 5.2 Agency Rules. All joint use activities scheduled under this Agreement shall comply with the agency rules and policies of the party that owns the facility. See “Appendix C” for detailed listing of both Parties’ rules and policies. 5.3 Shutdowns. The City and District shall attempt to provide at least ten (10) calendar days’ notice of shutdowns of facilities for preventative or emergency maintenance. 6. Scheduling. 6.1 Scheduling Coordinators. The City shall serve as the central scheduling office for all City Facilities and shall attempt to resolve all conflicts with the District. The District shall serve as the central scheduling office for all District Facilities and shall attempt to resolve all conflicts with the City. 6.2 District Use. The District shall submit all City Facilities use requests, including season schedules for practices, games and meets, to the City fourteen (14) calendar days or more prior to the start of the season. 6.3 City Use. The City shall submit all District Facilities use requests, including season schedules for practices, games and meets, to the District fourteen (14) calendar days or more prior to the start of the season. 7. Maintenance of Facilities. 7.1 Unless otherwise provided by the mutual written agreement of the Parties, it is agreed that the Parties shall each maintain their own facilities and equipment which are used by the other party. Moses Lake Council Packet 6-9-20, Page 70 of 135 CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 3 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES 7.2 The party that owns the facility shall use its best efforts to provide the facility in clean, usable condition before the activity commences. The party using the facility shall use its best efforts to leave the facility in at least as good a condition as when the use commenced. 7.3 No alteration or changes of any kind shall be made by one party to the other party’s facilities or equipment without the mutual written agreement of the parties. 8. Liability. 8.1 Each Using Party agrees to hold harmless, defend and indemnify the Owning Party, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of Premises or from any activity, work or thing done, permitted, or suffered by Using party in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Owning Party. 9. Insurance. 9.1 The District shall procure and maintain for the duration of the Agreement, general liability insurance covering premises, products-completed operations, and contractual liability with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate against claims for injuries to persons or damage to property which may arise from or in connection with the use of the City Facilities. The District shall also secure general liability insurance coverage for participant liability with limits of not less than $250,000 per occurrence. The City shall be named as an additional insured on the insurance policy and such policy shall provide that the District’s insurance coverages shall be primary insurance as respects the City. The District shall provide a certificate of insurance evidencing the required insurance before using the City Facilities. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. The District’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the District to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. 9.2 The City shall procure and maintain for the duration of the Agreement, general liability insurance covering premises, products-completed operations, and contractual liability with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate against claims for injuries to persons or damage to property which may arise from or in connection with the use of the District Facilities. The City shall also secure general liability insurance coverage for participant liability with limits of not less than $250,000 per occurrence. The District shall be named as an additional insured on the insurance policy and such policy shall provide that the City’s insurance coverages shall be primary insurance as respects the District. The City shall provide a certificate of insurance evidencing the required insurance before using the District Facilities. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. The City’s maintenance of insurance as required by the Agreement shall Moses Lake Council Packet 6-9-20, Page 71 of 135 CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 4 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES not be construed to limit the liability of the City to the coverage provided by such insurance, or otherwise limit the District’s recourse to any remedy available at law or in equity. 9.3 Each party’s membership in a self-insured, governmental risk pool shall satisfy all conditions set forth in Paragraph 9.1 and 9.2. Each Party shall provide to the Owning Party evidence of coverage prepared by their risk pool, prior to using the Owning Party’s premises. 10. Cost and Fees. 10.1 Each party shall bear its own cost for ordinary maintenance of their respective facilities. 10.2 Each party shall waive any associated user fees while the other party is using the facilities of the other party, except where noted on “Appendix D”. 10.3 If any repair or restoration work is needed, as a result of the other party’s use, the work shall be charged at standard rates and billed directly to that party as an extra cost. 10.4 User fees may be set for the use of District facilities by the City. Such fees shall be retained as revenue by the City. User fees may be set for the use of City facilities by the City. Such fees shall be retained as revenue by the District. 11. Inspection. Each party and its authorized officers, agents, and employees shall have the right to enter and inspect the facilities owned by that party and the operation being conducted thereon at reasonable times. 12. No Third Party Benefits. The Parties hereto do not intend to confer on any third parties any benefits hereunder. Therefore, no third party may utilize any provision hereof as a third party beneficiary or otherwise. 13. Entire Agreement. The terms and conditions written herein constitute the entire understanding between the Parties. This Agreement shall not be modified or amended except in writing and executed by the Parties hereto. 14. Governing Law and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Grant County. 15. Waiver. The failure of a party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered a waiver of any obligation, right, or duty of, or imposed upon, such party. Any waiver at any time by either party of its rights with respect to this Agreement shall not be deemed a continuing waiver or a waiver with respect to any other failure to comply with any other obligation, right, duty of this Agreement. Any waiver of the terms and conditions of this Agreement shall, if requested, be provided in writing. Moses Lake Council Packet 6-9-20, Page 72 of 135 CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 5 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES 16. No Separate Legal Entity. Pursuant to RCW 39.34.030(3)(b) this Agreement does not create a separate legal or administrative entity other than specifically provided in this Agreement. 17. Filing. This Agreement shall be filed with the Grant County Auditor pursuant to RCW 39.34.040. In Witness Whereof, the Parties hereto have signed their names the day, month and year first written above. CITY OF MOSES LAKE MOSES LAKE SCHOOL DISTRICT NO. 161 ____________________________________ ____________________________________ City Manager Dr. Joshua Meek, Superintendent ____________________________________ ____________________________________ Date Date June 3, 2020 Moses Lake Council Packet 6-9-20, Page 73 of 135 CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 6 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES APPENDIX “A” LIST OF CITY OF MOSES LAKE FACILITIES 1. Basin Homes Dog Park – Corner of Central Drive & Paxson Drive 2. Blue Heron Park – 111 Westshore Drive 3. Carl T. Ahlers Park – 500 W. 3rd Avenue 4. Carpenter Park – 1522 Lee Street 5. Cascade Park – 2001 Valley Road 6. Civic Center Park – 411 S. Balsam Street 7. Crossroads Park – 1600 Truman Drive 8. Gillette Park – 205 E. 11th Avenue 9. Harrison K. Dano Park – 501 S. Paxson Drive 10. Hayden Park – 1108 St. Helens Avenue 11. Japanese Peace Garden and Park – 800 Alder Street 12. John E. Calbom Island Park – Lewis Horn and Parker Horn 13. Juniper Park – 902 Juniper Drive 14. Knolls Vista Park – 444 Knolls Vista Drive 15. Laguna Park – Sage & Laguna 16. Lakeview Park – 802 S. Clover Drive 17. Larson Playfield – 2501 W. Broadway Avenue 18. Municipal Ice Rink – 610 Yakima Avenue 19. Municipal BMX Track – 610 Yakima Avenue 20. Municipal RC Track – 610 Yakima Avenue 21. Lower Peninsula Park – 3919 Peninsula Drive 22. Marina Park – 1414 Marina Drive 23. McCosh Park – 401 W. 4th Avenue 24. Surf ‘n Slide Water Park – 401 W. 4th Avenue 25. Centennial Amphitheatre – 999 Dogwood Street 26. Montlake Park – 401 Linden Avenue 27. Moses Lake Museum & Art Center – 401 S. Balsam Street 28. Neppel Landing – 104 S. Alder Street 29. Paul Lauzier Memorial Athletic Complex – 933 Central Drive 30. Peninsula Park – Texas Street & Russel Street 31. Power Pointe Park – 1647 Beaumont Street 32. Sinkiuse Square – 306 Ash Street 33. Moses Lake Skate Park – 414 W. 4th Avenue 34. The Learning Center – 701 Penn Street 35. Three Ponds Wetland Park – 800 Alder Street 36. Vista Park – 1101 Evelyn Drive 37. Yonezawa Park – 300 W. Yonezawa Boulevard Moses Lake Council Packet 6-9-20, Page 74 of 135 CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 7 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES APPENDIX “B” LIST OF MOSES LAKE SCHOOL DISTRICT FACILITIES 1. Moses Lake High School – 803 Sharon Avenue E. 2. Columbia Basin Technical Skill Center – 900 E. Yonezawa Boulevard 3. Chief Moses Middle School – 1111 E. Nelson Road 4. Frontier Middle School – 517 W. 3rd Avenue 5. Endeavor Middle School – 6527 Patton Boulevard N.E. 6. Garden Heights Elementary School – 707 E. Nelson Road 7. Knolls Vista Elementary School – 454 W. Ridge Road 8. Lakeview Terrace Elementary School – 780 S. Clover 9. Larson Heights Elementary School – 700 Lindberg Lane 10. Longview Elementary School – 9783 Apple Road N.E. 11. Midway Elementary School - 502 S. “C” Street 12. North Elementary School – 1200 W. Craig Street 13. Park Orchard Elementary School – 417 N. Paxson Drive 14. Peninsula Elementary – School 2406 W. Texas Street 15. Learning Services Center - 1620 S.. Pioneer Way Moses Lake Council Packet 6-9-20, Page 75 of 135 CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 8 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES APPENDIX “C” RULES AND REGULATIONS FOR USE OF SCHOOL FACILITIES The building and grounds of the Moses Lake School District are primarily for public school purposes, which include all activities of the school involved in carrying out its programs. No other use shall be permitted to interfere with the primary purpose for which these buildings and grounds are intended. 1. The District reserves the right to deny/cancel any permit, and/or discontinue use of the facility by the applicant/user at any time if, in their sole discretion, the use of a facility is in the conflict with District use policies or regulations. 2. Approval for the use of all facilities must be obtained from the Community Schools Coordinator by completing the appropriate application. Except for priorities established by regulation, applications are accepted on a first come first served basis. Applications for the use of facilities during the succeeding school year will be processed after July 1. 3. To assist in meeting district needs and scheduling, the school year will be broken into seasons for athletic requests. Fall Season (September 1 – November 30), Winter Season (December 1 – February 28), Spring Season (March 1 – May 31). Requests for athletic facilities will be booked one season at a time, no sooner than the following dates: Fall Season, starting August 1. Winter Season, starting November 1, Spring Season, starting February 1. 4. A single application may be made for a series of uses of like character. Facilities and equipment used shall be limited to those specified on the approved application. 5. All youth athletic groups will sign a Head Injury Compliance Form for compliance with HB 1824, Youth Sports-Head Injury Policies, all groups will also be given information on Sudden Cardiac Arrest. 6. Lessee shall agree to indemnify and hold harmless the Moses Lake School District from and against any and all claims, demands, causes of action, suits or judgments for deaths or injuries to persons or for loss or damage arising out of or in connection with the use and occupancy of the facility by Lessee, its agents, servants, employees or invitees. In the event of any claims made or suits filed, Lessor shall give Lessee prompt written notice thereof and Lessee shall have the right to defend or settle the same to the extent of its interest hereunder, any and all loss, costs, damages, and expenses arising out of any incident or other occurrence suffered by any person while engaged in using the school under this agreement. 7. Satisfactory sponsorship and adequate adult supervision, which may include appropriate police and security personnel, shall be required of all activities within District facilities. Personal use of space, such as birthday parties, private sales parties, or personal meetings/banquets will not be permitted. 8. It is the responsibility of the applicant/user to report the Community Schools Coordinator by the close of the next business day all non-emergency injuries and damage due to the activities of the applicant/user. If the incident (damage to the facility or injury to a participant or attendee) is an emergency, the incident is to be reported immediately to the Custodian Supervisor and/or Community Schools Coordinator. CONDITIONS 1. Unless previously arranged, a district employee shall be present on duty at all times when a district facility is in use by any group and that employee shall be responsible for closing and securing the building after use. Other employees may be required for specific activities to support facility operation. 2. Keys to buildings of facilities shall not be issued to any individual or group for entering a district facility without authorization. Unless previously arranged, facilities must be opened and closed by custodians or other authorized District personnel at the times arranged during the application process. 3. District furniture or equipment shall not be moved from classrooms or buildings to which they belong except by authorized District personnel, and such removal shall be previously arranged. If the facilities are not restored to the condition in which they were found, all costs to restore such facilities will be billed to the user at the sole discretion of the district. 4. Decorations that create damage to walls, ceilings, floors, or furniture are not allowed in district facilities. Nails, tacks, duct tape, glue and other adhesives, are not permitted. Open flames including, candles, briquettes, and wood fires are not permitted on District property. All costs for such removal of decorations or damages caused by decorations or open flame shall be directly billed to the user. RESPONSIBILITIES 1. Adult leaders of organizations using District facilities shall remain with their groups throughout activities and shall be financially responsible for the proper care of the facility used, and any District materials, furniture, or equipment therein. 2. In the event of damage or loss of District property, the applicant must accept the District’s estimate of replacement/repair and pay all costs associated therein within 30 days. The District is not responsible for property lost by individuals or groups using school facilities. RESTRICTIONS 1. The use of tobacco, alcoholic beverages, or illegal drugs is strictly prohibited in all District facilities and upon all District properties. 2. Food is limited to certain facilities and the vending and/or serving of such must be approved in advance. 3. Kitchens are not available except under special conditions, which require District kitchen staff at all times & prior approval from the Food Services Director. 4. Street shoes and cleats are prohibited on gym floors. Non marking gym shoes only. Pitching mats are required for softball/baseball practices held indoors. 5. Outdoor balls for soccer, softball, and baseball are not permitted for indoor gym use. 6. All Washington State and local laws and fire codes are in effect for use of District facilities. FEES 1. Charges for use of District facilities by public interest and public welfare groups, by private interest groups of not-for-profit status, and by non-commercial groups shall be based upon the actual costs incurred by the District. These include but are not limited to direct labor, materials and other operating costs, and applicable overhead costs. Charges for use involving private profit or commercial gain, direct or indirect, shall be such as to reimburse the District in full for said overhead and operating costs, plus an amount representing a share of the profit or monetary gain. 2. Costs quoted are an estimate based on information given at the time of application for use of District facilities. Actual costs charged to the user are subject to change based upon conditions and final arrangements at the time of use. 3. Use fees shall be paid in accordance with the current schedule and District rules and regulations. Additional charges shall be made for custodians, technicians, and other staff when use necessitates their participation. 4. Payment for use of District facilities is due within 30 calendar days from the date of invoice. Failure to pay invoices within 30 calendar days will result in the denial of future use of District facilities to the delinquent user until payment is made. 5. Users shall also be responsible for all collection, attorney, insurance or any other fees associated with the collection of payment in regard to use of school facilities, equipment, or staff. Moses Lake Council Packet 6-9-20, Page 76 of 135 CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 9 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES APPENDIX “C” Agency Rules City of Moses Lake General Park Rules A. All activities that constitute civil or criminal violations under state, local or federal statute shall be prohibited on park property or in park facilities. B. It is unlawful for any person to do or permit any of the following acts within any city park: 1. Scatter, leave, throw, break or strew any litter, bottles, glass, paper, debris, garbage, refuse, or advertising matter in any park except in designated receptacles; provided, however, that it is further unlawful to deposit in such designated litter receptacles or elsewhere within a park any refuse, litter or other trash collected at the home, business or other dwelling of any person and intentionally brought to the park solely for the purpose of disposing of such refuse, litter or trash. 2. Damage, deface, mar, or destroy any park equipment or facility. 3. Cut, damage or destroy any park trees, shrubs, landscaping or plants, including grass. 4. Consume any beer, wine or intoxicating liquor in any park, or have possession of any container of beer, wine or intoxicating liquor in any park; provided, however, that consumption of alcoholic beverages in city parks is permitted if consumption is within a designated area in conjunction with a special event as authorized by the Parks Department. 5. Drive or park any vehicle or motorized bike, scooter, motorcycle, or ATV/UTV (as defined in MLMC Chapter 10.18), on the grass in any park or any other place not specifically designated for vehicular traffic, or operate a vehicle, motorized bike, scooter, motorcycle or ATV/UTV negligently within any park or park facility, unless expressly authorized by a permit issued by the City. This provision does not apply to authorized personnel of the City. 6. Disturb or molest the peace of others using the park and park facilities. 7. Solicit, promote or engage in any private commercial enterprise without prior approval of the city council. 8. Start or maintain a fire except in permanent park facilities provided for that purpose or in a barbeque, hibachi or other freestanding apparatus commonly used for outdoor food preparation purposes in an approved portion of the park. 9. Camp in any portion of any park unless specifically allowed by the City Manager pursuant to section 12.36.060 or by city council action for special events. Camping is prohibited pursuant to MLMC Chapter 9.18. Moses Lake Council Packet 6-9-20, Page 77 of 135 CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 10 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES APPENDIX “C” Agency Rules Moses Lake School District No. 161 RULES AND REGULATIONS FOR USE OF LIONS FIELD The building and grounds of the Moses Lake School District are primarily for public school purposes, which include all activities of the school involved in carrying out its programs. No other use shall be permitted to interfere with the primary purpose for which these buildings and grounds are intended. STADIUM FACILITY 1. The Press Box is for use by event officials, coaches, and the media only. Professional conduct must be maintained in the Press Box at all times. 2. No bikes, skateboards, roller blades, or skates allowed on the concourse, grandstands, track, etc. 3. No vehicles will be allowed to be parked or stored inside the stadium perimeter fencing, except Emergency Medical Service (EMS) vehicles. 4. The Home and Visiting team bands will access the playing field as instructed by the Field Supervisor. ARTIFICIAL TURF FIELD and RUNNING TRACK SURFACES 1. Use of synthetic turf field is by contract only. 2. No food, chewing gum, soda, all sports drinks, hot or cold flavored drinks/beverages, or sunflower seeds allowed on the turf, field, or track surfaces. Sunflower seeds will be fined $250 in addition to custodial labor hours. Exception: Water is allowed. 3. No pets allowed, with exception of service animals. 4. No smoking, chewing tobacco, open flame or fireworks. 5. No cans, glass, or glass containers. 6. No digging in turf or driving stakes into surface. 7. Absolutely no vehicles on turf surface. 8. No paint, chalk, permanent markings allowed on the turf or track surfaces. 9. No tape on the turf field surface. 10. No climbing on goal posts. 11. No spectators allowed on track or turf. 12. No aircraft allowed except in the event of an emergency as coordinated by the EMS staff on duty. 13. Any body fluids must be reported immediately to the Field Supervisor for cleanup. 14. For other events, stages or large structures erected on the turf must be set on minimum 16” x 16” x 1 ½” base pads or 3/4” plywood. ONLY WITH PRIOR APPROVAL. 15. For special events, graduations, and other similar ceremonies, only chairs, tables, and similar items with blunt leg tips or slip-on protective leg tips will be allowed on the turf. ONLY WITH PRIOR APPROVAL. 16. Running shoes allowed. No spikes or high-heeled shoes allowed. 17. The stadium turf area may not be used as a team assembly or rest area – no pop-ups, chairs, and blankets. 18. No golfing or Frisbee play. 19. No throwing of javelin or hammer impediments. Throwing of discus and shot put must be supervised an only in areas designated for the event. 20. Dispose of all trash in stadium bleachers, field, track, and perimeter in designated trashcans. 21. Each team shall furnish sufficient support staff to enforce the above access rules. 22. Crowd control must be enforced at all times. PARKING LOT 1. Parking only allowed in designated spaces. In case of overflow, street parking, Frontier Middle School, and McCosh Park parking lots may be used. 2. Tailgaters and food vendors are responsible for cleanup of their area. Cooking oil may not be disposed of on site. 3. No Trespassing when the gates are closed. SECURITY REQUIREMENTS The renter will be required to employ security on site for the entire time the event is held. The security person can be security personnel from the school, a private security agency, or a local off duty policeman. ● 50 – 200 Participants and spectators, 1 officer required ● 200 – 400 Participants and spectators, 2 officers required ● 400+ Participants and spectators, 3 officers required The renter will be required to provide documentation certifying security staff has been acquired and working during events. Private security firms will need to furnish a copy of the agencies business license and the signed agreement with the firm to the district. Security officer needs to be clearly identified to the participants and spectators as a security officer. ADDITIONAL NOTES 1. The Moses Lake School District is not responsible for lost or stolen items. 2. No medical services are provided on site, it is the responsibility of the renting party to coordinate and provide medical services with the Moses Lake Fire Department. 3. Failure to follow Rules and Regulations of Lions Field will result in termination of current and future uses of the property for a minimum of one (1) school year. Moses Lake Council Packet 6-9-20, Page 78 of 135 CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 11 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES APPENDIX “D” Fee Exceptions/Additional Fees Required City of Moses Lake Rate Table for Moses Lake School District use of Parks and Recreation facilities listed as exceptions on Section 10.2 of agreement for joint use of facilities between Moses Lake School District and City of Moses Lake. Special Events – Picnic Shelters, Amphitheater, Fun Runs, Color Runs, etc. Additional Picnic Tables $20.00 per table Additional Garbage Cans $10.00 per can Porta Potties $65.00 per unit Larson Playfield and Paul Lauzier Athletic Fields Softball Fields High School Districts and Regionals $37.00 per game Lights $15.00 per hour Inside Fences $70.00 per field Baseball Fields High School Districts and Regionals $37.00 per game Lights $18.00 per hour Crowd Control Fencing $140.00 per event Surf ‘n Slide Water Park Pool Rental 1-100 patrons $750.00 per hour 101-150 patrons $780.00 per hour 151-250 patrons $915.00 per hour 251-500 patrons $1,110.00 per hour 501-1000 patrons $1,245.00 per hour Moses Lake Council Packet 6-9-20, Page 79 of 135 CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 12 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES Rate Table for City of Moses Lake use of Moses Lake School District facilities listed as exceptions on Section 10.2 of Agreement for Joint Use of Facilities between City of Moses Lake and Moses Lake School District #161. All Rates are hourly except where noted, maximum of 6 hours charged for rent, hourly minimum of 2 hours applies to all personnel. Columbia Basin Technical Skills Center (CB Tech) Lecture Hall $35.00 Commons $26.25 Custodian $34.00 Lions Field Field - Practice $17.50 Field - Games $35.00 Locker Room $13.13 Lights $35.00 Field Supervisor – Practice $34.00 Field Supervisor – Games $40.00 MLHS Theater Theater $35.00 Theater Technician $40.00 MLHS Baseball/Softball Fields – Per Field, Per Game Youth Game (18 & Under) $38.50 Adult Game (over 18) $47.25 MLHS Swimming Pool – Daily Rate Lifeguard Class $175.00 Moses Lake Council Packet 6-9-20, Page 80 of 135 Page 1 of 1 STAFF REPORT To: Allison Williams, City Manager From: Spencer Grigg, Parks & Recreation Director Date: June 5, 2020 Proceeding Type: Consent Agenda Subject: Summer Day Camp Packet Legislative History: • First Presentation: June 9, 2020 • Second presentation: • Action: Motion Staff Report Summary Staff has been tasked with creating a written plan for specific facility and program reopening plans. The attached document is for our popular “Explorer’s Summer Day Camp Program”. This plan demonstrates the approach we will be taking to reopen this popular program with protocols for safe operation with the COVID-19 Pandemic. Background Last year was our first summer operating the new Explorer’s Summer Day Camp program. It was very successful and well received by the community. With current circumstances involving COVID-19, we are providing a written plan with our operating procedures. This reopening plan has been reviewed and approved by the Grant County Health District. Fiscal and Policy Implications Based on last summer, this program had a net return of approximately $10,000. Options Option Results • Ratify implementation This will be part of the City’s COVID-19 “Safe Start” Policies Staff Recommendation Staff requests Council ratify approval of the Summer Day Camp Packet as presented. Attachment – Summer Day Camp Packet Legal Review N-A Moses Lake Council Packet 6-9-20, Page 81 of 135 Moses Lake Council Packet 6-9-20, Page 82 of 135 Moses Lake Council Packet 6-9-20, Page 83 of 135 Moses Lake Council Packet 6-9-20, Page 84 of 135 Moses Lake Council Packet 6-9-20, Page 85 of 135 Moses Lake Council Packet 6-9-20, Page 86 of 135 Moses Lake Council Packet 6-9-20, Page 87 of 135 Moses Lake Council Packet 6-9-20, Page 88 of 135 Moses Lake Council Packet 6-9-20, Page 89 of 135 Moses Lake Council Packet 6-9-20, Page 90 of 135 Moses Lake Council Packet 6-9-20, Page 91 of 135 Moses Lake Council Packet 6-9-20, Page 92 of 135 Moses Lake Council Packet 6-9-20, Page 93 of 135 Moses Lake Council Packet 6-9-20, Page 94 of 135 Moses Lake Council Packet 6-9-20, Page 95 of 135 Moses Lake Council Packet 6-9-20, Page 96 of 135 Moses Lake Council Packet 6-9-20, Page 97 of 135 Moses Lake Council Packet 6-9-20, Page 98 of 135 Moses Lake Council Packet 6-9-20, Page 99 of 135 Moses Lake Council Packet 6-9-20, Page 100 of 135 Moses Lake Council Packet 6-9-20, Page 101 of 135 Moses Lake Council Packet 6-9-20, Page 102 of 135 Moses Lake Council Packet 6-9-20, Page 103 of 135 Moses Lake Council Packet 6-9-20, Page 104 of 135 Moses Lake Council Packet 6-9-20, Page 105 of 135 Moses Lake Council Packet 6-9-20, Page 106 of 135 Moses Lake Council Packet 6-9-20, Page 107 of 135 Moses Lake Council Packet 6-9-20, Page 108 of 135 Moses Lake Council Packet 6-9-20, Page 109 of 135 Moses Lake Council Packet 6-9-20, Page 110 of 135 Moses Lake Council Packet 6-9-20, Page 111 of 135 Moses Lake Council Packet 6-9-20, Page 112 of 135 Moses Lake Council Packet 6-9-20, Page 113 of 135 Moses Lake Council Packet 6-9-20, Page 114 of 135 Moses Lake Council Packet 6-9-20, Page 115 of 135 Moses Lake Council Packet 6-9-20, Page 116 of 135 Moses Lake Council Packet 6-9-20, Page 117 of 135 Moses Lake Council Packet 6-9-20, Page 118 of 135 Moses Lake Council Packet 6-9-20, Page 119 of 135 Moses Lake Council Packet 6-9-20, Page 120 of 135 Moses Lake Council Packet 6-9-20, Page 121 of 135 Moses Lake Council Packet 6-9-20, Page 122 of 135 Moses Lake Council Packet 6-9-20, Page 123 of 135 Moses Lake Council Packet 6-9-20, Page 124 of 135 Moses Lake Council Packet 6-9-20, Page 125 of 135 Moses Lake Council Packet 6-9-20, Page 126 of 135 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: June 4, 2020 Proceeding Type: New Business Subject: 2021-2026 Six-Year Transportation Improvement Program Legislative History: •First Presentation: June 9, 2020 •Second Presentation: June 23, 2020 Public Hearing •Requested Action: First presentation for review only Staff Report Summary Staff is presenting the 2021-2026 Six-Year Transportation Improvement Program (TIP) to Council prior to the June 23 Public Hearing to gather any and all Council input and comments. The TIP will also be presented at the Planning Commission’s Meeting on Thursday, June 11. The TIP will be incorporated as an exhibit to the Capital Facilities Plan that will be developed through the Comprehensive Plan update process. Background Annually, the City is required to present the TIP to the public and allow comments to be heard and incorporated into the program. The TIP is sent to Regional, State, and Federal planning organizations to form lists of transportation needs and is due by June 30 each year. Fiscal and Policy Implications Only projects listed on the City’s TIP are eligible for Federal Funding. If a TIP is not approved, the City will not be eligible to receive any Federal transportation grants. Attachments - 2021-2026 Six-Year Transportation Improvement Program Legal Review N-A Moses Lake Council Packet 6-9-20, Page 127 of 135 Exhibit 1, 2021 to 2026 Transportation Improvement Program (TIP) Proposal Funding Detail Project #Location 2021 2022 2023 2024 2025 2026 1 Citywide Crack Seal and Chip/Slurry Seal 900$ 900$ 900$ 900$ 900$ 900$ local funds local funds local funds local funds local funds local funds 2 Yonezawa Blvd to Road L New Construction 2,000$ state 1,000 local 1,000 3 Burr Ave New Construction 400$ local funds 4 ADA Ramp Reconstruction Misc Sidewalks 100$ 100$ 100$ 100$ 100$ 100$ local funds local funds local funds local funds local funds local funds 5 Westlake and Hanson Rd Reconstruction 2,000$ Frontage to Mae Valley Road local funds 6 Lark Street new construction 500$ Kiefer Dr to Pioneer Way local funds 7 Virginia and Luta Streets Reconstruct 600$ local funds 8 Block/Penn/5th/Wheeler 1,000$ curb, ramp, sidewalk install local funds 9 3rd Ave Reconstruction 1,200$ Balsam to Cedar Street local funds 10 Wheeler Road Improvements 1,000$ SR17 to Road N NE curb, ramp, sidewalk local funds Moses Lake Council Packet 6-9-20, Page 128 of 135 Exhibit 1, 2021 to 2026 Transportation Improvement Program (TIP) Proposal Funding Detail Project #Location 2021 2022 2023 2024 2025 2026 11 Additional Lake Crossing - New Bridge 42,000$ Broadway Ave to Paxson Blvd Fed 40,000 state 1,000 local 1,000 12 Railarod ROW Acquisitinon when cease ops 2,000$ South Corp Limit to North Corp Limit Total 58,700$ 3,400$ 3,000$ 3,000$ 2,100$ 1,000$ 46,200$ Federal 40,000$ State 2,000$ Local 16,700$ 58,700$ Moses Lake Council Packet 6-9-20, Page 129 of 135 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Vivian Ramsey, Interim Planning Manager Date: June 4, 2020 Proceeding Type: New Business Subject: Rescind 2019 Comprehensive Plan Amendments Legislative History: • First Presentation: June 9, 2020 • Second Presentation: • Action: Motion Staff Report Summary Washington State Growth Management Act (GMA) requires certain cities and counties to adopt and maintain a Comprehensive Plan which addresses specific mandated elements as prescribed by the Act. The Plan may be amended no more than once per year. The City of Moses Lake adopted a GMA-compliant Comprehensive Plan in 2001 and has amended it periodically since. Before adopting amendments to its Comprehensive Plan, the City must provide a 60-day review and comment period to state agencies. This 60-day review was completed for the 2019 amendment process. Comprehensive Plan amendments are also subject to the requirements of the State Environmental Policy Act (SEPA). SEPA gives state agencies, local agencies, and the public an opportunity to comment on the potential impacts the proposal may have on the environment. The SEPA review was not completed on the 2019 Comprehensive Plan amendment proposals. For this reason, I am requesting City Council rescind Ordinance 2934 which adopted the 2019 Comprehensive Plan amendments. The ordinance included two zone changes within the City, and two changes to the Urban Growth Area (UGA). The two requests to include property in the UGA were not forwarded to Grant County for review, as is required. The Central Terminals request to include 170 acres in the UGA, and the Dunes Lakes, LLC request to include 833 acres in the UGA are no longer viable. The Hansen request to change 8.54 acres from Public Zone to Light Industrial, and the Cox and Cox request to change 2.82 acres from High Density Residential to General Commercial are viable but subject to challenge because the SEPA review process was not followed correctly. Moses Lake Council Packet 6-9-20, Page 130 of 135 Page 2 of 2 Background On November 21, 2019, and December 12, 2019, the Planning Commission conducted an open record public hearing and unanimously approved the proposed 2019 Comprehensive Plan amendments with a recommendation to the City Council for adoption. On December 19, 2019, the City Council approved the proposed Comprehensive Plan amendments and adopted Ordinance 2934. Fiscal and Policy Implications None Options Option Results • Rescind The city will have the opportunity to review and properly process the requests in accordance to applicable state regulations. • Take no action. Zoning changes stay in effect and are subject to challenge. Staff Recommendation Staff recommends the City Council adopt Ordinance 2952 as presented. Attachment A. Draft Ordinance 2952 to Rescind Ordinance 2934 and Adopted Ordinance 2934 Legal Review N/A Moses Lake Council Packet 6-9-20, Page 131 of 135 Moses Lake Council Packet 6-9-20, Page 132 of 135 Moses Lake Council Packet 6-9-20, Page 133 of 135 ORDINANCE 2952 AN ORDINANCE RESCINDING ORDINANCE NO. 2934 ADOPTING THE 2019 COMPREHENSIVE PLAN AMENDMENTS THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2934 adopting the following Comprehensive Plan Amendments shall be rescinded: A. Cox & Cox Parcel: 314034000 2.82 Acres from High Density Residential to General Commercial B. Hansen Parcel: 110475080 8.45 Acres from Public Zone to Light Industrial C Central Terminals Parcels: 170980000 & 170981000 Request for 170 Acres be Included in the Urban Growth Area D. Dunes Lake, LLC. Parcels: 170073001,170072000, 170071001, 170081000 & 170083000 Request for 833 Acres be Included in the Urban Growth Area Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on June 9, 2020 _____________________________________ David Curnel, Mayor Moses Lake Council Packet 6-9-20, Page 134 of 135 ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins Aye Nay Abstain Absent Date Published: June 15, 2020 Date Effective: June 20, 2020 Moses Lake Council Packet 6-9-20, Page 135 of 135