2020 0825 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
Tuesday, August 25, 2020, 7 PM
REMOTE ACCESS ONLY
Citizens can join this meeting via phone by calling one of the numbers listed at the end of
this agenda or by audio only option online https://zoom.us/j/94274363304
Regular Meeting Agenda
Call to Order – 7 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Summary Reports:
Mayor’s Report
-Department of Ecology Outstanding Performance Award pg 4
-Grant County Mask Up Campaign Proclamation pg 5
Additional Business
City Manager’s Report
-Employee Promotion: Jovita Cantu, Building Permits Technician
-LTAC Meeting 8/31
- Love’s Travel Stop Open House Update
-Governor’s Proclamation for Wildfire State of Emergency
-Tribal Code Amendment for Fireworks pg 6
- Grant County Public Hearing on 8/31 for COVID-19 CDBG Funding pg 8
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August 25, 2020, City Council Meeting Page 2
Citizen’s Communications - Citizens who would like to speak during the meeting will need to contact
the City Clerk no later than 3 p.m. on the day of the meeting and provide the name or number you will
use to access the virtual 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 9
a.City Council Meeting Minutes dated August 11, 2020
b.Claims and Payroll
c.Grant County Public Hospital District Abandon Easement Resolution 3817
d.Angle Parking Update Resolution 3820
e.Cascade Valley Policy to Build and Covenant (Packet Addendum on Mon, 8/24)
f.Norco Industrial Discharge Permit Update
g.Accept Coolidge Water Main Project
h, Accept Police Pole Building Project
i.Accept Street and Utility Improvements Sun Terrace 2 Resolution 3819
j, Accept Street and Utility Improvements Sun Terrace 3 Resolution 3822
Old Business
#2
#3
Motion
#4
Motion
pg 79
Fat Beam Franchise Ordinance 2954 Motion
Presented by Fred Snoderly, Municipal Services Director
Summary: Council to consider adoption
pg 95
MLMC Title 17 Update on Plat Extensions Ordinance 2955
Presented by Allison Williams, City Manager
Summary: Council to consider adoption
pg 109
Fire Apparatus Bond Ordinance 2956
Presented by Cindy Jensen, Finance Director
Summary: Council to consider adoption
New Business
#5
Motion
pg 142
Plat Extensions Fee Schedule Resolution 3814
Presented by Allison Williams, City Manager
Summary: Council to consider adoption
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August 25, 2020, City Council Meeting Page 3
Administrative Reports
Council Communications and Reports
Executive Session
- Potential Litigation RCW 42.30.110(1) subsection (i)
-Performance of a Public Employee RCW 42.30.110(1) subsection (g)
Adjournment
Zoom webinar – Dial in options:
When: Aug 25, 2020 07:00 PM Pacific Time (US and Canada)
Webinar ID: 942 7436 3304
iPhone one-tap:
US: +12532158782,,94274363304# or +13462487799,,94274363304#
Telephone:
Dial (for higher quality, dial a number based on your current location):
US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 301 715 8592
or +1 312 626 6799 or +1 646 558 8656
International numbers available: https://zoom.us/u/abygQ9noC9
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Office of the Mayor
City of Moses Lake, WA
Proclamation
Grant County Mask Up Campaign
Whereas, Grant County continues to experience a significant surge in
coronavirus cases; and
Whereas, The City Council of the City of Moses Lake fears that the economy
and the health and well-being of the citizens are severely compromised by some
people’s lack of urgency in controlling the virus; and
Whereas, The City recognizes that it is the commitment of the people of the
City of Moses Lake at a “Grass Root” level that will be most effective in
succeeding at eliminating the COVID-19 virus; and
Whereas, The Mayor and City Council Members agree that their collective
leadership is important in compelling the community to act.
NOW, THEREFORE, we the Mayor and City Council Members of Moses
Lake, do hereby proclaim as follows:
1.We are extremely grateful to the businesses, public, healthcare
organizations, City, and County department and agencies for their efforts
and sacrifices made to date.
2.We issue an appeal to the community at large to implement the cautionary
measures suggested by Grant County Health District Officials.
3.In signing this proclamation, the Mayor and Council commit to setting an
example to the public in implementing the measure recommended by
Grant County Health District Officials.
SIGNED AND SEALED on this 25th of August, 2020
_____________________________________ David Curnel, Mayor
<city seal>
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Grant County Board of
County Commissioners (BOCC) through WEBEX Conference Call or Video, on Monday,
August 31, 2020 at 11:30 a.m.
Phone Number: 1-408-418-9388 Event Address:
https://grantcowa.webex.com/grantcowa/onstage/g.php?MTID=e5bfb780d7f887e24ff3206946a6fe698 Event Number/ Access code: 146 379 2614 Video Password: BerkEW8Uk32
The purpose of the public hearing is to review community development and housing needs,
inform citizens of the availability of funds and eligible uses of the state Community Development Block Grant (CDBG) funds, and receive comments on proposed activities, particularly from lower income persons residing in the Grant and Adams County areas. Grant County intends to apply for CDBG funding in 2020: CDBG-CV1 Public Services Grant Funding.
2020 CDBG-CV1 Public Services Grant Application It is anticipated that up to $575,511 (but likely less) will be available to the County and Opportunities Industrialization Center of Washington (OIC of WA) to fund local public services and microenterprise assistance programs; and public health, emergency response, or temporary
housing facilities that address COVID-19 impacts, and grant administration.
The draft application for the CDBG-CV1 Public Service Grant proposal will be available for review at the Grant County Commissioners office on August 31, 2020 and afterwards. Comments may also be submitted in writing from the time of this notice until 11:00 a.m. on
August 31st, 2020, to:
Brittany Rang, Administrative Services Coordinator Grant County Board of County Commissioners 35 C Street NW / PO Box 37
Ephrata, WA 98823-0037
A Spanish language interpreter will be available at the public hearing. The Commissioners’ Hearing Room is handicap accessible, and located on the first floor of the Courthouse. Additional arrangements to reasonably accommodate special needs will be made upon receiving
24-hour advance notice. Please contact Brittany Rang at 509-754 2011 ext. 2937 for assistance.
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MOSES LAKE CITY COUNCIL August 11, 2020
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 7:10 p.m. by Mayor Curnel via remote meeting access. Special notice and instruction for attendance, citizen
comment, and public hearing testimony were posted on the agenda as well as online under the
COVID-19 alert.
ROLL CALL
Present: Mayor Curnel, Deputy Mayor Jackson; Council Members Riggs, Liebrecht, Myers, and
Hankins. Absent: Council Member Eck.
Action taken: Council Member Liebrecht moved to excuse Council Member Eck, second by Council Member Riggs. The motion carried 6 – 0.
PLEDGE OF ALLEGIANCE
Council Member Liebrecht led the Flag Salute.
AGENDA APPROVAL
Action taken: Council Member Liebrecht moved to approve the Agenda as is, second by Council
Member Riggs. The motion carried 6 – 0.
SUMMARY REPORTS
MAYOR’S REPORT
Childhood Cancer Awareness Proclamation Mayor Curnel designated September as a special awareness month for Childhood Cancer.
Pediatric cancer is the leading cause of death by disease in children.
CITY MANAGER’S REPORT
New Employees and Employee Promotion
New hires Leigh Ramsey from Utility Billing and Police Officer Caleb Martin were
recognized with photo and biographies. City Manager Allison Williams also announced the promotion of Jovita Cantu to Permit Technician with Community Development.
Bond Finance Report
Finance Director Cindy Jensen advised that a Bond Ordinance to secure funding in the
State’s LOCAL program for new fire apparatus will be presented to Council at the next meeting.
Downtown Street Closure for Business Relief from COVID
The Downtown Moses Lake Association has applied for a special event permit to close 3rd
Avenue between Division and Ash for expanded services of patron seating on Fridays at 6:30 a.m. through Saturdays at 8 p.m. each week through the middle of October. All restaurants and retail businesses have expressed agreement for the road closure.
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Request for Night Work – Chip Seal Project Staff is requesting authorization to conduct work at night. They plan to shoot oil and add chips during the day and then sweep and fog seal at night when the temperatures cool.
Action taken: Council Member Hankins moved to approve the nigh work for the chip seal project, second by Council Member Liebrecht. The motion carried 6 – 0. Grant County Consortium for COVID CDBG Funds
The partnership of the County and its Cities will increase the funding available. This grant will provide assistance to at-risk residents due to the COVID-19 pandemic. Action taken: Council Member Riggs moved to authorize the City to join the Consortium, second by Council Member Hankins. The motion carried 6 – 0.
CONSENT AGENDA
#1 a. City Council meeting minutes dated July 28, 2020 b. Claim Checks 148794 through 149029 in the amount of $1,386.833.22; Payroll Checks 63459 through 63475 in the amount of $16,834.54; and Electronic
Payments dated July 24, 2020, in the amount of $445,877.11 c. Emergency Declaration Extension Resolution 3813 d. Ratify Easements 2010-2019 Resolution 3816 e. Award Radio Antenna Install on Reservoirs 2, 4, 6, and 7 f. Accept HCI Industrial – Reservoir 8 Painting Project
Action taken: Council Member Riggs moved to approve the Consent Agenda as is, second by Council Member Hankins. The motion carried 5 – 0, Mayor Curnel recused himself from the vote for potential conflict of interest on item (d).
PUBLIC HEARINGS
#2 Interim Controls Ordinance 2953 Work Plan
Ordinance 2953 was adopted on June 23 to place interim regulations on small wireless facilities and wireless communications while staff work on an update to the Municipal Code to meet current FCC standards. No comments or requests to speak were received in advance of the meeting. Mayor Curnel officially opened and closed the hearing at 7:36
p.m.
Action taken: Council Member Liebrecht moved to confirm the ordinance with no further findings and to accept the Work Plan as presented, second by Council Member Riggs. The motion carried 6 – 0.
#3 Fat Beam, LLC, Franchise Ordinance 2954 – First Presentation Fat Beam, LLC, is requesting the City grant them a franchise to locate tele-communications infrastructure within certain rights-of-way to serve various buildings owned by the Moses Lake School District. No comments or requests to speak were
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received in advance of the meeting. Mayor Curnel officially opened and closed the hearing at 7:36 p.m. Council will consider adoption on August 25.
NEW BUSINESS
#4 2715 Westshore Dr NE Request to Connect to Water and Sewer Jolene and Robert Burke request approval to connect to the City’s water and sewer systems to serve parcel #147731000.
Action taken: Council Member Hankins moved to approve the request to connect to City water
and sewer at 2715 Westshore with an extraterritorial agreement, second by Council Member
Riggs. The motion carried 6 – 0. #5 2597 Westshore Dr NE Request to Connect to Water and Sewer Andy Tonklin requests approval to connect to the City’s water and sewer systems to
serve parcel #141722000.
Action taken: Council Member Myers moved to approve the request to connect to City water and sewer at 2597 Westshore with an extraterritorial agreement, second by Council Member Liebrecht. The motion carried 6 – 0.
ADMINISTRATIVE REPORTS
2nd Quarter Financial Report Finance Director Cindy Jensen provided the 2nd Quarter Financial Report in the meeting packet. The revenue totals are better than expected since the unprecedented COVID-19 pandemic quarantines have been in place.
Annual Solid Waste Rate Adjustment Finance Director Cindy Jensen also mentioned that the CPI increase required in the Solid Waste Hauler contract will not cause a need to increase the rates to the public in 2021. The water and sewer rates for 2021 will be determined following the consultant’s study on these services.
COVID-19 Funding updates City Manager Allison Williams advised that the Chambers and Auditorium A/V upgrades have been scheduled from September 21 to October 9. Contracts are in the process of being executed to the Downtown Moses Lake Association and to the Chamber of Commerce for consulting
services to process applications for the City’s CARES Act funding to local businesses.
EXECUTIVE SESSION
Mayor Curnel called an Executive Session at 7:50 p.m. to be held for 45 minutes pursuant to RCW 42.30.110(1) subsection (g) to discuss performance of a public employee; and there will be
no action to follow.
ADJOURNMENT
The regular meeting was adjourned at 8:50 p.m.
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______________________________________ David Curnel, Mayor
ATTEST____________________________________ Debbie Burke, City Clerk
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To: Allison Williams, City Manager
From: Cindy Jensen, Finance Director
Council Meeting Date: August 25, 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 149030 - 149187 $1,110,042.55 Payroll Checks 0063476 - 0063506 $29,068.15 Electronic Payments Payroll ACH –08/07/2020 $452,375.39 Electronic Payments Payroll ACH –08/21/2020 $445,748.91
Summary
RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council.
RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City.
RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued.
The City meets all these conditions.
To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting.
All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director.
The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place.
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STAFF REPORT
To: Allison Williams, City Manager
From: Vivian Ramsey
Date: August 13, 2020
Proceeding Type: Consent Agenda
Subject: Grant County Public Hospital District Abandon Easement Resolution
Legislative History:
•First Presentation: August 25, 2020
•Second Presentation:
•Action: Motion
Staff Report Summary
Western Pacific Engineering and Survey, on behalf of its client, the Grant County Public Hospital District
No. 1 (Samaritan Healthcare) has requested the city abandon interior utility easements on the District’s
property, which includes Parcels 09-0869-030, 09-0869-025, 09-0869-031, 09-0869-032, 11-0074-000
and 11-0074-001.
Background
The proponent is in the process of completing a Lot Consolidation on the property which will reduce
the six parcels to one parcel. The proponent will then complete a one-lot Short Plat and then a Binding
Site Plan. During the Short Plat process, the exterior boundary utility easements will be re-established.
This request is limited to the utility easements on the interior side and rear yard lot lines.
Fiscal and Policy Implications - None
Options
Option Results
•Adopt Resolution as presented.The proponent may proceed with the project as
proposed.
•Take no action.The Grant County Public Health District will not be
able to complete the proposed project as planned.
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Staff Recommendation
Staff recommends Council adopt the resolution to allow the abandon the easements.
Attachment
A. Resolution, Request to abandon easements, Survey, Aerial
Legal Review N-A
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RESOLUTION NO. 3817
A RESOLUTION AUTHORIZING ABANDONMENT OF AN
EASEMENT FROM THE GRANT COUNTY HOSPITAL DISTRICT #1
RECITALS:
1 The Grant County Hospital District #1 has requested the city of Moses lake abandon the
easement as shown on Campbell No 2, MP, Campbell No. 2 MP, Lot 2 Block 1 CBSP,
and a Portion of the W ½ of the SE ¼ of the SE ¼ of S26 T19 N, R 28 E. WM., described
as follows:
EASEMENT 'A'
That portion of the Utility Easements lying 5 feet each side of the north/south boundary
line and east/west boundary line that adjoin Lots 1 and 2 of Block 1 of Campbell No. 2
Major Plat, recorded under Grant County Auditor's file number 1248120 on December
29, 2008, lying in that portion of Farm Unit 121, Irrigation Block 41, Fifth Revision,
Columbia Basin Project, Grant County, Washington, according to the plat thereof filed
July 16, 1956, located in that portion of the Northeast quarter of the Southeast quarter
of Section 26, Township 19 North, Range 28 East, W.M., County of Grant, State of
Washington; EXCEPT any portion of the said Utility Easement lying within 10 feet of
the exterior plat boundary of said Campbell No. 2 Major Plat.
EASEMENT 'B'
That portion of the 10-foot wide Utility Easement that lies along the southerly boundary
line of Lot 2, Block 1 of Campbell No. 2 Major Plat, recorded under Grant County
Auditor's file number 1248120 on December 29, 2008, lying in that portion of Farm Unit
121, Irrigation Block 41, Fifth Revision, Columbia Basin Project, Grant County,
Washington, according to the plat thereof filed July 16, 1956, located in that portion of
the Northeast quarter of the Southeast quarter of Section 26, Township 19 North, Range
28 East, W.M., County of Grant, State of Washington; EXCEPT any portion of the said
Utility Easement lying within 10 feet of the westerly right of way boundary of the city
street known as Clover Drive; ALSO EXCEPTING any portion of the said utility
easement lying within 10 feet of the westerly exterior plat boundary of said Campbell No.
2 Major Plat.
Parcel numbers 09-0869-030, 09-0869-025, 09-0869-031, 09-0869-032, 11-0074-000 and
11-0074-001
2. Potential users of the easement have been notified of the proposed abandonment and no
comments have been received.
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RESOLVED:
1 The City Council of the City of Moses Lake does resolve that the easement as shown
on lots as described above will be abandoned and that the City Manager is authorized
to execute the necessary documents in order to accomplish that abandonment,
provided any other easement are not affected by this action.
Adopted by the City Council on August 25, 2020.
_________________________________ David Curnel, Mayor
ATTEST:
___________________________________
Debbie Burke, City Clerk
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S 2 6 T 1 9 R 2 8S 2 6 T 1 9 R 2 8
PILGRIM ST
Monroe STS
R
-
1
7
TANGLEWOOD DR
JONES AVE
PERCH AVETROUTAVE
WALLACE ST
DILLEY AVE CLOVER DRYONEZAWA BLVD
CITY OF MOSES LAKE Date: 8/10/2020
Parcels #09-0869-030, 09-0869-025, 09-0869-031, 09-0869-032, 11-0074-000, & 11-0074-001
City Limits
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STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: August 19, 2020
Proceeding Type: Consent Agenda
Subject: Angle Parking Update Resolution 3820
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
August 25, 2020
Motion
Staff Report Summary
Business owners have requested the City Street Division to paint parking lines on Cedar Street,
north of West Broadway. Currently, parking lines do not exist on this street segment. Municipal
Code 10.12.032 does not allow for angle parking except as authorized by the Moses Lake City
Council.
Background
Cedar Street, north of Broadway, is approximately 60-feet wide, has no marked parking spaces,
and serves the businesses in the area. Staff prepared several options for consideration by the
adjacent owners, including diagonal parking on the sides and center diagonal parking. The owners
proposed an acceptable alternative, which is straight-in diagonal parking on the east side of Cedar.
This option provides eight (8) marked parking spaces, and it allows for enough space to back out
and maneuver for egress. A second row of parking on the west side was proposed by the owners;
however, the second row of parking would hinder the maneuverability for ingress and egress,
reducing the center aisle to less than 24-feet.
Fiscal and Policy Implications
The Street Division will be responsible to install and maintain the parking stripes.
Additional parking may provide additional customers to the adjacent business, which may increase
revenue.
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Options
Option Results
• Adopt Resolution Staff will stripe the parking spaces in
accordance with the attached design.
• Adopt Resolution with specified
changes
Council will request staff to prepare alternate
parking plans for consideration.
• Take no action This section of Cedar Street will remain
unmarked.
Staff Recommendation
Staff recommends Council authorize the straight-in parking as proposed by the business owners.
Attachments
A.
B.
Draft Resolution
Memo from adjacent property owners and straight-in parking on east side of street
Legal Review
N-A
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RESOLUTION NO. 3820
A RESOLUTION TO UPDATE THOSE AREAS WHERE ANGLE PARKING IS ALLOWED. Recitals:
1. State law requires all parking to be parallel unless otherwise designated by City Council.
2. A request has been received to install angle parking on Cedar Street, north of Broadway Avenue.
3. Council previously approved angle parking on streets in 1975 and 2004, Resolutions 739
and 2658. 4. City staff supports the angle parking on this portion of Cedar Street. Resolved:
1. Angle parking shall be amended to allow the following named streets and areas:
Elder Street Broadway Avenue to Fifth Avenue Date Street Commercial Street to Third Avenue Balsam Street Broadway to Fifth Avenue Division Street Broadway Avenue to Third Avenue Ash Street Broadway Avenue to Fifth Avenue Beech Street Broadway Avenue to Fifth Avenue Cedar Street Fourth Avenue to North end Dogwood Street Broadway Avenue to Fourth Avenue Fourth Avenue Balsam Street to Alder Street Fifth Avenue Elder Street (south side of the John L. Scott building) Chestnut Street Third Avenue to Pioneer Way Alley Along Neppel Park ADOPTED by the City Council on August 25, 2020.
________________________________________ Dr. David Curnel, Mayor
ATTEST:
_________________________________________ Debbie Burke, City Clerk
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STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: August 11, 2020
Proceeding Type: Consent Agenda
Subject: Industrial Waste Discharge Permit No. 18, Norco, Inc.
Legislative History:
•First Presentation: August 25, 2020
•Second presentation:
•Action: Motion
Staff Report Summary
Attached is a copy of the proposed Industrial Waste Discharge Permit No. 18 for Norco, Inc. This
permit will allow Norco, Inc. to continue their discharge to the City’s POTW for an additional five
years prior to renewal.
Background
Norco, Inc. is a significant user and is required to have an industrial waste discharge permit from
the DOE and the City of Moses Lake. All discharge permits expire in five years and are required to
be renewed to continue discharging to the City’s wastewater system.
Fiscal and Policy Implications - None
Options
Option Results
•Adopt the City Manager to execute
the permit.
The industry will continue to discharge their
wastewater to the City’s system.
•Take no action.The industry will have to pursue other options
for their wastewater.
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Staff Recommendation
Staff recommends City Council authorize the City Manager to execute the Industrial Waste
Discharge Permit No. 18 for Norco, Inc.
Attachments
A. Industrial Waste Discharge Permit No. 18
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• No additional documents
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CITY OF MOSES LAKE
INDUSTRIAL WASTE DISCHARGE PERMIT NO. 18(ST0008114)
Norco Air Separation Facility
2757 Road N NE
Moses Lake, Washington 98837
Effective Date:
Expiration Date:
INTRODUCTION
This wastewater discharge permit ishereby granted bytheCity of Moses Lake,Washington,referred toastheCity,to Norco Air
Separation Facility,referred toasthe Permittee.Thispermitis issued in conjunction withthe Washington StateDepartment of
Ecology Permit No.ST0008114.This permit authorizes Permittee to discharge wastewater from theirMoses Lake Plant intotheCity's
POTW inaccordance withthe conditions contained within this permit.Thepermitbecomes effective asofthedatesigned bytheCity.
GENERAL CONDITIONS
1. Alldischarges andactivities authorized herein shallbe consistent withthetermsandconditions ofthispermit.Thedischarge
ofany pollutantnot authorizedbythis permitshallconstitutea violation ofthe termsandconditionsof this permit.
Whenever the Permittee refuses to take corrective action or continues a violation, the imposition ofcivil penalties or
terminationofthis permit may result,or both. Terminationof this permit may require disposal ofthe wastewaterinsome
manner other than into the private sewer or to the City's POTW, at the expense ofthe Permittee.
2. All facilitychangesthat mayresultina significantdeviationincharacter ofpollutantsdischargedto the POTW,fromthat
hereinspecified,shallbe reportedto the City.Significantadversedeviationsincharacterof pollutantsshallbe authorizedby
the City before discharge to the sewer system. No significant change shall be made until plans have been approved by the
City, and a new or modified permit has been issued. No new connections, increased flows, or significant changes in
wastewater characteristics are permitted that will cause violation ofthe effluent limitations specified herein.
3. The diversion or bypass ofany discharge from any pre-treatment facility utilized by the Permittee to maintain compliance
with the terms ofthis permit is prohibited except where unavoidable to prevent loss oflife or severe property damage. The
procedure outlined in paragraph four (4)ofthese General conditions shall be followed in the event ofsuch a diversion or
bypass to the City's POTW.
4. In the event the Permittee is unable to comply with any ofthe conditions ofthis permit because ofa breakdown of
equipment or facilities, due to actions on the part ofthe Permittee,the Permittee shall perform the following actions:
a.Immediately stop, contain, and clean up the unauthorized discharge and correct the problem.
b.Immediately notify the City so steps can be taken to prevent damage to the POTW.
c. Submit a written report within fifteen (15) business days ofoccurrence, describing the breakdown, the actual
quantity and quality ofthe resulting waste discharge, corrective action taken, and the steps taken to prevent a
recurrence.
d. Pay reasonablecosts incurredby the City that are associatedwith a breakdown,accident, or other causethat can be
demonstrated as attributable to such event.
Anypermitnoncomplianceconstitutesa violationof chapter 13.05of the MosesLake Municipal Codeand isgroundsfor
enforcement action in accordance with that code.
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GENERAL CONDITIONS (continued)
5.Compliance withtheaboverequirements doesnotrelievethe Permittee from responsibility to maintain continuous
compliance with theconditions ofthis permit,ortheresulting liability forfailure to comply.
6. ThePermittee shall adequately maintain and efficiently operate alltreatment orcontrol facilities orsystems installed or used
by the Permittee toachievecompliance withthetermsandconditionsofthispermit.
7.After written notice of one ofthe following,the Permittee has ten(10)business days from the date ofthenotice to request a
hearing before the City Council.Ifthe City Council determines a violation hasoccurred,the permit may be amended,
suspended, or revoked in whole or inpart.
a. Violation ofany terms or conditions ofthis permit.
b. Obtainingthis permit by misrepresentationor failureto fully discloseall relevant facts.
c. A change inany conditionthat requiresa permanentreductionor eliminationofpermanentdischargeto the POTW.
8. The Permitteeshall allowauthorizedrepresentativesofthe Cityto performthe following actions,at all reasonabletimes:
a. Enter that portion ofthe premises by escort where an effluent source or disposal system is located or where records
are required to be kept under the terms and conditions ofthis permit.
b. Inspect monitoring equipment or monitoring methods required by this permit.
c.Sample discharge ofpollutants.
d.Review test results and test methods.
9.Nothing in this permit shall be construed as excusing the Permittee from complying with any current federal, state, or local
statutes, ordinances, or regulations. If the State's Waste Discharge Permit requires more stringent limitations on discharge to
the POTW, the State's discharge permit shall take precedence;and, the requirements contained herein may be revised after
written notice from the City.
After written notice from the City is received, the Permittee has ten (10) business days to request a hearing before the City
Council. The City will provide the Permittee an opportunity for a hearing before the City Council,ifrequested;and,
depending on the magnitude ofthe changes,the Permittee,City, and DOE may negotiate a compliance schedule under which
to make the changes necessary to come into compliance with the more stringent limits.
10. This permit does not constitute authority for discharge into public waters ofWashington State. Any such discharge by the
Permittee shall be subject to applicable regulations administered by the Department ofEcology.
11. The costs incurred by the City in handling, treating, monitoring, and disposing ofthe Permittee's wastewater shall be borne
by the Permittee in the rate structure. The City may set forth the various fees in a separate ordinance.
12. The Permittee shall make application for permit renewal at least 180days prior to the expiration date ofthe permit. In the
event that the City does not respond within the allotted 180day period, the existing permit shall remain in force until the
revised permit is issued.
13. The Permitteeshallsubmitpaymentoffeesassociatedwiththis permitas set forth inthe feescheduleadoptedbythe City of
Moses Lake. The City may revoke this permit if the permit fees are not paid.
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Effluent Limits
During theperiod ofthis permit,thePermittee is authorized to discharge wastewater tothe POTW subject tothe specified flow,
concentration,and monitoring requirements.Wastewater shallbe monitored anddischarged tothe POTW andshallnotexceedthe
maximum dailyflowof 76,500 gallonsperdayanda peakdailyflowof65gallonsper minute.Theeffluentlimitations forthe
discharge tothe POTW areshowninTable1:Effluent Limits Outfall 001 (Facility's Sampling Manhole).
Effluentcharacteristiclimitsnot listedinthis permitareset forth inChapter 13.05,WastewaterRegulations,City ofMosesLake
Municipal Code.
Inorderto meettheeffluentlimitations,the Permittee shallprovidefacilities as specifiedherein. When required,pretreatment and
storagefacilitiesshallbe designedand operatedby the Permitteein a mannersuchthatthe wastewaterdischargeto the POTW
complies withtheeffluent limits.Duringemergency conditions,orwhentheeffluentdoesnotmeetthe conditions of thispermit,the
Permittee shall divert the flow, collect the wastewater, and re-treat the effluent. Ifthe permit effluent limitations cannot be achieved
by the onsite treatment system, the effluent shall be collected and sent offsite for disposal in accordance with applicable regulations.
Beginning on the issuance date and lasting thru the expiration date ofthis permit, the Permittee is authorized to discharge wastewater
to the City ofMoses Lake POTW subject to the following limitations:
Discharge Limits
TABLE 1:Effluent Limits outfall 001 (Facility Sampling Manhole)
Parameter MLMC 13.05.070 Limits Peak Daily Flow Maximum Dailya
Flow NA 65 gallons perminute 76,500 gallons per day
Fats,Oil &Grease (FOG)100mg/l NA 64 lbs/day
Total Suspended Solid s (TSS)350 mg/1 NA 223 lbs/day
Parameter Minimum Maximum
PH 6.0 11.0
Temperature NA 104°F
a.Maximum Dailv effluent limit means the highest allowable dailv discharge.The daily discharge means the discharge ofa
pollutant measured during a calendar day. For pollutants with limits expressed in units ofmass, calculate the daily discharge as
thetotalmass ofthepollutant discharged overtheday [lbs/day=(concentration m8/i)x (flow gpd/1,000,000 ) x8.34].ForcolorandpH,
the daily discharge is the average measurement ofthe pollutant over the day. For temperature, no single measurement shall
exceed 104°F.
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Monitoring Requirements
The Permittee shallmonitorthe wastewater andproduction according to the followingscheduleinTable2:Monitoring Requirements Final
Wastewater Effluent Outfall #001 (POTW).
Table2:Monitoring Requirements FinalWastewaterEffluent Outfall #001 (POTW)
Parameter Units Sampling Frequency Sample Type
Flow, (Maximum Daily)Gallons/day(GPD)Continuous"Metered
FOG (Max Daily)lbs/daye monthly 24-Hour Compositec
TSS (Max Daily)lbs/daye monthly 24-HourCompositec
pH(Minimum;Maximum)r Standard Units Continuous"Metered
Temperature op monthly GrabSampleb
"Continuous means the uninterrupted except for brieflength oftime for calibration, power failure, or unanticipated equipment repair
or maintenance.The Permittee shall sampleat least six times when continuousmonitoring is not possible.
bGrab meansan individualsamplecollectedover fifteen(IS) minute,or less periodoftime.
c24-hour Comoosite samples shall be comprisedofa flow-proportional samples collected by an electronically controlled device.
eCalculated effluent limit means the highest allowable daily discharge.The daily discharge means the discharge ofa pollutant measured during a calendar
day.Forpollutants with limits expressed inunits ofmass,calculate thedaily discharge asthetotal mass ofthepollutant discharged overtheday:[""An,-
(conottmioB"1*/!)X (flow gpd /l.OOO.OOO)x 8.341.This does not apply to pH.
fThePermittee shallreportthe instantaneous maximum and minimum pHmonthly.DonotaveragepHvalues.
SURCHARGE SCHEDULE
If Maximum Daily Effluent Limits forTSS,BODs, or FOG from Table I areexceeded during the month, a surchargewill be added to that monthly
billing statement, and the Permitteewill provide a proposal forreview by the City ofMoses Lake Wastewater Managerto demonstrate how the
effluent will be reduced to permitted levels. Failureto reducethe effluent to permitted levels will constitute a violation ofthis permit. Surcharge rates
are shown in Table 3: Surcharge Schedule.
Table 3:Surcharge Schedulec
Parameter Base Ratea Base Rate X 1.5b Base Rate x 2b Base Rate x 4 b Base Rate x 6b
FOG 64 lb/day >64 lb/day >128 lb/day > 192 lb/day >256 lb/day
TSS 223 lb/day > 223 lb/day >446 lb/day >669 lb/day >892 lb/day
a Sewer rates are subject to change;but, the surcharge rates will remain unchanged for the duration ofthe Permit.
b A surchargewillaccruewhenanyone parameterhas exceededthe limit,and the surchargewillbe appliedto the monthly
statement at the highest ratecalculated from Table3.
c The base rate is the rate for wastewater that is charge to commercial users, as adopted by City Council. The base rate may be
obtained by contacting Utility Billingat 509-764-3719.Thebaserateissubjecttochangewhenever thefeescheduleisrevised
by the City Council.The monthly surcharge will be calculated using the monthly averages.
Reporting and Record Requirements
The Permittee shallmonitorandreportin accordance withtheconditionsset forth inthis permit.Falsification ofthe information submittedto
Ecology ortotheCity ofMosesLakeisa violation ofthetermsandconditions ofthis permit.
Monitoring Results required bythis permit shall besubmitted inpaper form by the 15th day of the month following the sampling period.A copy of
the DMRin Ecology "Paris"format willbe accepted solongasitisaccompanied by theelectronic signature form.
Submit a paper copy ofthe DMR to:
City ofMoses Lake
P.O.box 1579
Moses Lake,WA 98837
Attn:Wastewater Division
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Waste Preventative Practices
Wastepreventivepracticesshallbe usedto reduceor eliminatecontaminantloadingto the POTW.These practicesmay include,but are not
limited to the following:
a. The Permittee shallprovideaccessto themonitoring and flow controlstationforauthorized representatives oftheCityduringnormal
businesshoursand inthe eventof an emergency.
b. Thepretreatment andstoragesystems shallbe maintained continuously in satisfactory andeffectivecondition bythe Permittee,and
shall be subject to periodic inspection by the City.
c. The Permitteeshalldesignatea representativewhoseresponsibilitiesincludethe operationand maintenanceof the pretreatmentand
storagefacilities,monitoringandpermitcompliance,and all otheraspectsof the wastewaterdischarge. The representativeshall be
available to meet with the City on any matter relatedto the wastewaterdischarge to the POTW.
d. The Permitteeshall be held liable for all damages directly attributable to its wastewater discharge, exclusive ofnormal wear and tear.
Permittee shall not bejointly and severally liable for the damage caused by any other party, but shall be liable for its pro-ratio share of
all liabilitydirectly attributable to Permittee's waste discharge. Liability fordamages may includedamages to the sewage collection
system, pump stations, sewage treatment plant, and degradation ofreceiving water.
e. The following requirements shall apply:
In the event that hazardous petroleum or radioactive material reaches the POTW, contact 911 upon discovery. Then immediately
notify the Public Works Division by phone or email.
Reporting PermitViolations
The Permittee shall take the following actions when either the City permit or the State permit conditions are violated:
a. Immediately stop, contain, and cleanup unauthorized discharges; stop the noncompliance; and
correct the cause ofthe problem.
b.Contact the City ofMoses Lake within 24-hours by phone or E-mail.
If State permit conditions are violated, also follow the requirements ofthe State permit with regards to reporting violations.
City Contact Information
1. Public Works Division (24-hour)509-764-3951 or publicworksadmin@citvofml.com
2. Tony Pfluger,WastewaterDivisionManager 509-764-3966or Wastewater@citvofml.com
3. Emergency Call911
Permittee's Contact Information
The Permittee authorizes the following personnel to be contacted regarding this permit.
Plant Manager (local, DMR):
Joseph Bader, Plant Manager
Email:JoeB@NORCO-inc.com
Phone:509-764-5032 option 4
Manager ofOperations & Production (regional)
Sonny Knotts
Email:SonnyK@NORCO-inc.com
Phone:208-433-6155
The Permittee shall notify the City whenever the contacts shown are revised.
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GLOSSARY
City: The City of VlosesLake,a municipal corporation of the State of Washington,or its duly authorized agents or representatives.
Composite Sample: A mixture of grab samples collected at the same sampling point at different times, formedeither bycontinuous sampling or by
mixingdiscrete samples. Ihe sample may be time-composite (collected at constant time intervals) or llou-proportional (collected either as a constant
volume at limeintervals proportional to streamHow):or collectedby increasing the volume of eachaliquotas the How increased whilemaintaining a
constant time interval between the aliquots.
Constituent: Any of the pollutants or potential pollutants found in the wastewater.
Effluent Limits: Flow,concentration,pi I. and mass loading limitations for wastewater discharged to the POTW by the Permittee.
Monitoring:Ihc program of How and constituent determination outlined to ensure compliance with the effluent limitations and to define the How and
constituent levels in an expanded scope for the wastewaterdischarged to the POTW.
Permittee:Norco Air Separation facility
POTW: The system of gravity sewers, force mains, pumps stations, and sewage treatment plants owned by the City of Vloses Lake.
Wastewater:Water discharged as a by-product ofany ofthe various industrial processes.
In witness whereof, the parties hereto have caused this permit to be executed in triplicate by their respectively authorizedofficers or representatives.
City ofMoses Lake
Municipal Services Department
321 S.Balsam Street
P.O.Drawer 1579
Moses Lake.WA 98837
Date B\:
Date
City Manager
Norco Moses Lake Air Separation facility
2757 Road N NE
Moses Lake. Washington 98837
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STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: August 19, 2020
Proceeding Type: Consent Agenda
Subject: Accept Coolidge Water Main Project
Legislative History:
•First Presentation:
•Second Presentation:
August 25, 2020
•Action Motion
Staff Report Summary
Gray Excavation has completed work for the above project.
Background
The project consisted of construction of installing 1,200 feet of 8” water main with new hydrants
and water services on Coolidge Street. It also included stormwater improvements in the same
location.
The work completed is in the amount of $238,651.19. The original contract price for the project
was $204,151.40. The additional cost was for extra work requested by the water department that
was identified after the contract had begun in the area.
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 Coolidge Water Main Installation Project.
Moses Lake City Council Packet 8-25-20 Page 68 of 151
STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: August 19, 2020
Proceeding Type: Consent Agenda
Subject: Accept Police Pole Building Project
Legislative History:
•First Presentation:
•Second Presentation:
August 25, 2020
•Action Motion
Staff Report Summary
Bruce Preston Construction has completed work for the above project.
Background
The project consisted of construction of a 5,000 square foot pole building, 1,575’ of chain link
fence, and gravel and asphalt surfacing south of the Operations building on Road 4 NE. The building
will be used to store impounded vehicles and other city owned equipment.
The work completed is in the amount of $331,132.42. The original contract price for the project
was $310,658.54. The additional cost was for additional asphalt to make the flow between gates
better for vehicles.
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 Police Building Project 2020.
Moses Lake City Council Packet 8-25-20 Page 69 of 151
STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: August 18, 2020
Proceeding Type: Consent Agenda
Subject: Accept Plat Improvements for the Sun Terrace No. 2 Major Plat
Resolution
Legislative History:
•First Presentation:August 25, 2020
•Second Presentation:
•Action:Motion
Staff Report Summary
The street and utility improvements constructed to serve the Sun Terrace No. 2 Major Plat are
complete and are ready to be accepted by City Council.
Background
The plating regulations require all the street and utility improvements installed in right of way and
municipal easements to be accepted by City Council or bonded for prior to recording the plat and
issuing building permits. The construction plans are required to be reviewed and approved by the
City prior to construction. All the construction work is inspected to assure compliance with the
construction plans and city standards. The street and utility improvements in place will serve a
thirty-two (32) lot residential subdivision.
Fiscal and Policy Implications
Upon acceptance, the City will be responsible for the maintenance and repairs of the
improvements.
A Subdivision Maintenance Bond or other approved security in the amount of $383,821 (50% of
total costs of $767,642) to the City is required to be provided by the owners for the two year
maintenance period which commences on the date of acceptance of the improvements by the City
Council.
Moses Lake City Council Packet 8-25-20 Page 70 of 151
Options
Option Results
• Move to adopt the resolution as
presented
The improvements will be accepted, and the
plat can be completed.
• Take no action. The City will not accept the plat improvements
and the plat could not be completed.
Staff Recommendation
Staff recommends City Council adopt the resolution as presented.
Attachments
A. Resolution, site map
Legal Review N-A
Moses Lake City Council Packet 8-25-20 Page 71 of 151
RESOLUTION NO. 3819
A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF SUN TERRACE NO. 2 MAJOR PLAT Recitals:
1. Street and Utility improvements, lying in dedicated right-of-way or easements, are in place and connected to the City of Moses Lake’s street and utility systems as part of Sun Terrace No. 2 Major Plat.
2. Said street and utility improvements have been installed in accordance with the City of
Moses Lake’s Community Standards, such facilities being completed in August 2020. 3. RCW 35.90.030 indicates that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the
facilities are built to city standards.
Resolved: 1. The City Council of the City of Moses Lake accepts the street and utility
improvements as facilities of the City of Moses Lake and as such will charge for use
of facilities as authorized by ordinance. 2. After August 25, 2022, all further maintenance and operation cost of said street and utility improvements, shall be borne by the City of Moses Lake, as provided by city
ordinance.
ACCEPTED by the City Council on August 25, 2020.
______________________________ David Curnel, Mayor
ATTEST:
_______________________________ Debbie Burke, City Clerk
Moses Lake City Council Packet 8-25-20 Page 72 of 151
Moses Lake City Council Packet 8-25-20 Page 73 of 151
STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: August 18, 2020
Proceeding Type: Consent Agenda
Subject: Accept Plat Improvements for the Sun Terrace No. 3 Major Plat
Resolution
Legislative History:
•First Presentation: August 25, 2020
•Second Presentation:
•Action: Motion to accept plat improvements per attached resolution.
Staff Report Summary
The street and utility improvements constructed to serve the Sun Terrace No. 3 Major Plat are
complete and are ready to be accepted by City Council.
Background
The plating regulations require all the street and utility improvements installed in right of way
and municipal easements to be accepted by City Council or bonded for prior to recording the plat
and issuing building permits. The construction plans are required to be reviewed and approved
by the City prior to construction. All the construction work is inspected to assure compliance
with the construction plans and city standards. The street and utility improvements in place will
serve a thirty (30) lot residential subdivision.
Fiscal and Policy Implications
Upon acceptance, the City will be responsible for the maintenance and repairs of the
improvements.
Moses Lake City Council Packet 8-25-20 Page 74 of 151
A Subdivision Maintenance Bond or other approved security in the amount of $365,683 (50% of
total costs of $731,366) to the City is required to be provided by the owners for the two year
maintenance period which commences on the date of acceptance of the improvements by the
City Council.
The developer has also provided an easement for water main that was required to be installed
for fire flow with this project. The easement will be abandoned as future phases are constructed.
Options
Option Results
• Move to adopt the resolution as
presented
The improvements will be accepted, and the
plat can be completed.
• Take no action. The City will not accept the plat improvements
and the plat could not be completed.
Staff Recommendation
Staff recommends City Council adopt the resolution as presented.
Attachments
A. Resolution, site map, easement map
Legal Review N-A
Moses Lake City Council Packet 8-25-20 Page 75 of 151
RESOLUTION NO. 3822
A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF AS PART OF SUN TERRACE NO. 3 MAJOR PLAT Recitals:
1. Street and Utility improvements, lying in dedicated right-of-way or easements, are in place and connected to the City of Moses Lake’s street and utility systems as part of Sun Terrace No. 3 Major Plat.
2. Said street and utility improvements have been installed in accordance with the City of
Moses Lake’s Community Standards, such facilities being completed in August 2020. 3. RCW 35.90.030 indicates that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the
facilities are built to city standards.
Resolved: 1. The City Council of the City of Moses Lake accepts the street and utility
improvements as facilities of the City of Moses Lake and as such will charge for use
of facilities as authorized by ordinance. 2. After August 25, 2022, all further maintenance and operation cost of said street and utility improvements, shall be borne by the City of Moses Lake, as provided by city
ordinance.
ACCEPTED by the City Council on August 25, 2020.
______________________________ David Curnel, Mayor
ATTEST:
_______________________________ Debbie Burke, City Clerk
Moses Lake City Council Packet 8-25-20 Page 76 of 151
Moses Lake City Council Packet 8-25-20 Page 77 of 151
Moses Lake City Council Packet 8-25-20 Page 78 of 151
STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: August 5, 2020
Proceeding Type: Public Hearing
Subject: Fatbeam, LLC, Franchise Ordinance 2954
Legislative History:
• First Presentation: August 11, 2020
• Second Presentation: August 25, 2020
• Action: Motion
Staff Report Summary
Council conducted a public hearing on the Fatbeam, LLC, franchise ordinance on August 11, 2020.
The Ordinance grants Fatbeam, LLC, a non-exclusive franchise for right of entry, as well as use and
occupation of certain rights-of-way within the City to operate telecommunication facilities.
Background
Earlier this year, Fatbeam, LLC, requested the City grant them a franchise to locate
telecommunications infrastructure within certain rights-of-way to serve various buildings owned
by the Moses Lake School District.
Fiscal and Policy Implications
None.
Staff Recommendation
Staff recommends for the City Council to adopt the Ordinance as presented.
Attachment – Ordinance 2954
Legal Review - The attached Ordinance was provided by legal.
Moses Lake City Council Packet 8-25-20 Page 79 of 151
Ordinance 2954 Page 1 of 15
ORDINANCE NO. 2954
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOSES LAKE, WASHINGTON, GRANTING TO
FATBEAM, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, A FRANCHISE FOR TELECOMMUNICATIONS SERVICES AND RELATED
WHEREAS, Fatbeam, LLC, a Washington limited liability company (“Grantee”) has applied to the City of Moses Lake (“City”) for a non-exclusive Franchise for the right of entry, use, and occupation of certain public right(s)-of-way within the City, to install, construct, erect, operate, maintain, repair, relocate
and remove its facilities in, on, over, under, along or across those right(s)-of-way;
WHEREAS, following proper notice, the City Council held a public hearing on Grantee’s request for a Franchise; and
WHEREAS, based on the information presented at the public hearing, and
from facts and circumstances developed or discovered through independent study and investigation, the City Council now deems it appropriate and in the best interest of the City and its inhabitants to grant the franchise to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES
LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Grant of Right to Use; Franchise Area
A. Subject to the terms and conditions stated in this Agreement, the City
grants to the Grantee general permission to enter, use, and occupy the Franchise Area, located within the incorporated area of the City. Grantee may locate the Grantee’s Facilities within the Franchise Area subject to all applicable laws, regulations, and permit conditions.
B. The Grantee is authorized to install, remove, construct, erect, operate, maintain, relocate, upgrade, replace, restore, and repair Grantee’s Facilities to provide Grantee’s Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for any facilities or services other than Grantee’s Facilities and Grantee’s Services, and it extends no rights or privilege relative to any facilities or services of any type, including Grantee’s Facilities and Grantee’s Services, on public or private property elsewhere within the City.
Moses Lake City Council Packet 8-25-20 Page 80 of 151
Ordinance 2954 Page 2 of 15
D. This Franchise is non-exclusive and does not prohibit the City from entering into other agreements, including Franchises, impacting the Franchise Area, for any purpose that does not interfere with Grantee’s rights under this
Franchise.
E. Except as explicitly set forth in this Agreement, this Franchise does not waive any rights that the City has or may acquire with respect to the Franchise Area or any other City roads, rights-of-way, or property. This Franchise will be
subject to the power of eminent domain, and in any proceeding under eminent
domain, the Grantee acknowledges its use of the Franchise Area will have no value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any right-of-way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area containing Grantee’s Facilities, the City will reserve an easement for public utilities within that vacated portion, pursuant to RCW 35.79.030, within which the Grantee may continue to operate any existing Grantee’s Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area will at all times be subordinated to and subject to the City and the public’s need for municipal infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties will be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address is designated in writing and delivered to the other party.
City: Engineering Division, Municipal Services Department
City of Moses Lake
401 S. Balsam Street Moses Lake, WA 98837 Telephone: (509) 764-3783
with a copy to: City Clerk City of Moses Lake 401 S. Balsam Street Moses Lake, WA
Moses Lake City Council Packet 8-25-20 Page 81 of 151
Grantee: Fatbeam, LLC 2065 W Riverstone Drive, Suite 105 Coeur d’Alene, ID 83814
Phone: 509-344-1008 E-Mail: regulatory@Fatbeam.com
B. Any changes to the contact information will be sent to the City’s
Engineering Division, Municipal Services Department, with copies to the City Clerk, referencing the title of this Agreement.
C. The above-stated Grantee voice and fax telephone numbers will be staffed at least during normal business hours, Pacific time zone. The City may
contact Grantee at the following number for emergency or other needs outside of normal business hours of the Grantees: (855) 979-8844.
Section 3. Term of Agreement
A.
execution.
This Franchise will run for a period of five (5) years, from the date of
B. Renewal Option of Term: The Grantee may renew this Franchise for an additional five (5) year period upon submission and approval of the application
specified under MLMC 5.60.130, as it now exists or is amended, within the
timeframe set forth therein (currently 180 to 120 days prior to expiration of the then- current term). Any materials submitted by the Grantee for a previous application may be considered by the City in reviewing a current application, and the Grantee will only submit those materials deemed necessary by the City to address changes
in the Grantee’s Facilities or Grantee’s Services, or to reflect specific reporting
periods mandated by the MLMC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties fail to formally renew this Franchise prior to the expiration of its term or any extension
thereof, the Franchise automatically continues month to month until renewed or either party gives written notice at least one hundred and eighty (180) days in advance of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this Agreement:
A. “MLMC” means the Moses Lake Municipal Code.
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B. "Emergency" means a condition of imminent danger to the health, safety and welfare of persons or property located within the City including, without limitation, damage to persons or property from natural consequences, such as
storms, earthquakes, riots, acts of terrorism or wars.
C. “Franchise Area” means all present and future Rights-of-Way as defined in Section 4.H., within the City Limits as they currently exist or as amended in the future.
D. “Grantee’s Facilities” means Grantee’s fiber optic and broadband communications services constructed and operated within the City’s Rights-of- Way, and shall include all cables, wires, conduits, ducts, pedestals and any associated converter, equipment or other facilities within the City’s Rights-of-Way,
designed and constructed for the purpose of providing Telecommunications Service and other lawful services not prohibited by this Ordinance.
E. “Grantee’s Services” means any telecommunications service, telecommunications capacity, or dark fiber, provided by the Grantee using its
Facilities, including, but not limited to, the transmission of voice, data or other
electronic information, or other subsequently developed technology that carries a signal over fiber optic cable. Grantee’s Services shall also include non-switched, dedicated and private line, high capacity fiber optic transmission services to firms, businesses or institutions within the City and other lawful services not prohibited
by this Ordinance. However, Grantee’s Services shall not include the provision of
“cable services”, as defined by 47 U.S.C. §522, as amended, for which a separate franchise would be required.
F. “Maintenance” or “Maintain” means examining, testing, inspecting,
repairing, maintaining, restoring, and replacing the existing Grantee’s Facilities or
any part thereof as required and necessary for safe operation.
G. “Relocation” means permanent movement of Grantee facilities required by the City, and not temporary or incidental movement of such facilities,
or other revisions Grantee would accomplish and charge to third parties without regard to municipal request. Relocation shall conform to the meanings and requirements of Chapter 35.99 RCW.
H. “Rights-of-Way” means the surface and the space above and below
streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, rights-of-ways and similar public properties and areas.
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Section 5. Acceptance of Franchise
A.
City Clerk insurance
This Franchise will not become effective until Grantee files with the
(1) the Statement of acceptance (Exhibit “A”), (2) all verifications of coverage specified under Section 15, (3) the financial guarantees specified in Section 16, and (4) payment of any outstanding application fees required in the City Fee Schedule. These four items will collectively be the “Franchise Acceptance”. The date that such Franchise Acceptance is filed with
the City Clerk will be the effective date of this Franchise.
B. If the Grantee fails to file the Franchise Acceptance with the City Clerk within thirty (30) days after the effective date of the ordinance approving the Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Grantee will apply for, obtain, and comply with the terms of all permits required under MLMC Chapter 12.16 for any work done within the City.
Grantee will comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work. B. Grantee agrees to coordinate its activities with the City and all other utilities located within the public right-of-way within which Grantee is undertaking its activity.
C. The City expressly reserves the right to prescribe how and where Grantee’s Facilities will be installed within the public right-of-way and may require the removal, relocation or replacement thereof in the public interest and safety at the expense of the Grantee as provided for in Chapter 35.99 RCW
D. Before beginning any work within the public right-of-way, the Grantee will comply with the One Number Locator provisions of Chapter 19.122 RCW to identify existing utility infrastructure.
E. Tree Trimming. Grantee will have the authority to reasonably trim vegetation on and overhanging streets, public rights-of-way, and places in the Franchise Area so as to prevent the branches of such trees from coming in physical contact with the Grantee’s Facilities. Grantee must get written approval from the City before trimming vegetation in or over the ROW. Grantee will be responsible
for debris removal from trimming activities. If debris is not removed within twenty- four (24) hours of completion of the trimming, the City may, at its sole discretion, remove the debris and charge Grantee for the cost of removal. This section does not grant automatic authority to clear vegetation for purposes of providing a clear path for radio signals. Any general vegetation clearing will require a permit.
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Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence repair and
emergency response work as required under the circumstances. The Grantee will notify the City telephonically during normal business hours (at 509-764-3783) and during non-business hours (at 509-764-3951) as promptly as possible, before such repair or emergency work commences, and in writing as soon thereafter as possible. The City may commence emergency response work, at any time, without
prior written notice to the Grantee, but will notify the Grantee in writing as promptly as possible under the circumstances. Grantee will reimburse the City for the City’s actual cost of performing emergency response work.
Section 8. Damages to City and Third-Party Property
Grantee agrees that if any of its actions under this Franchise impairs or damages any City property, survey monument, or property owned by a third-party, Grantee will restore, at its own cost and expense, the property to a safe condition. All repair work will be performed and completed to the satisfaction of the City
Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair Grantee’s Facilities under this Franchise will have preference as to positioning and location with respect to the Grantee’s Facilities. However, to the extent that the Grantee’s Facilities are completed and installed before another utility’s submittal
of a permit for new or additional structures, equipment, appurtenances or tangible
property, then the Grantee’s Facilities will have priority. These rules governing preference will continue when relocating or changing the grade of any City road or right-of-way. A relocating utility will not cause the relocation of another utility that otherwise would not require relocation. This Section will not apply to any City
facilities or utilities that may in the future require the relocation of Grantee’s Facilities. Such relocations will be governed by Section 11 and Chapter 35.99 RCW.
B. Grantee will maintain a minimum underground horizontal separation
of five (5) feet from City water, sanitary sewer and storm sewer facilities and ten (10) feet from above-ground City water facilities; provided, that for development of new areas, the City, in consultation with Grantee and other utility purveyors or authorized users of the Public Way, will develop guidelines and procedures for determining specific utility locations.
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Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with Grantee’s activities and fulfill any municipal obligations under state law. This information will include, at a minimum, as-built drawings of Grantee’s Facilities, installation inventory, and maps and plans showing the location of existing or planned facilities within the City. This information may be requested either in hard copy or electronic
format, compatible with the City’s data base system, including the City’s Geographic Information System (GIS) data base. Grantee will keep the City Engineer informed of its long-range plans for coordination with the City’s long-range plans.
B. The parties understand that Washington law limits the ability of the City to shield from public disclosure any information given to the City. the City agrees to notify the Grantee of requests for public records related to the Grantee, and to give the Grantee ten (10) business days to obtain an injunction to prohibit the City’s release of records.
Grantee will indemnify and hold harmless the City for any loss or liability for fines, penalties, and costs (including attorney’s fees) imposed by an administrative or judicial authority on the City because of non-disclosures requested by Grantee under Washington’s public records act, provided the City has notified Grantee of
the pending request.
Section 11. Relocation of Grantee’s Facilities
A. Except as otherwise so required by law, Grantee agrees to relocate,
remove, or reroute its facilities as ordered by the City Engineer at no expense or
liability to the City, except as may be required by Chapter 35.99 RCW. Pursuant to the provisions of Section 14, Grantee agrees to protect and save harmless the City from any customer or third-party claims for service interruption or other losses in connection with any such change, relocation, abandonment, or vacation of the
Pubic Way.
B. If a readjustment or relocation of the Grantee’s Facilities is necessitated by a request from a party other than the City, that party will pay the Grantee the actual costs associated with such relocation.
Section 12. Abandonment and or Removal of Grantee’s Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent cessation of use of any portion of the Grantee’s Facilities, the Grantee will, at the
City’s discretion, either abandon in place or remove the affected facilities.
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B. The parties expressly agree that this Section will survive the expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s authority under federal law, state law, or local ordinance, to require the undergrounding of
utilities.
B. Whenever the City requires the undergrounding of aerial utilities in the Franchise Area, the Grantee will underground the Grantee’s Facilities in the manner specified by the City Engineer at no expense or liability to the City, except
as may be required by RCW Chapter 35.99. Where other utilities are present and involved in the undergrounding project, Grantee will only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Grantee’s Facilities. Common costs will include necessary costs for common trenching and utility vaults. Fair share will be
determined in comparison to the total number and size of all other utility facilities
being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee will defend, indemnify, and hold the City and its officers,
officials, agents, employees, and volunteers harmless from any and all costs, claims, injuries, damages, losses, suits, or liabilities of any nature including attorneys’ fees arising out of or in connection with the Grantee’s performance under this Franchise, except to the extent those costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the sole negligence or willful misconduct
of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the City, its officers, officials, employees,
and volunteers, the Grantee’s liability hereunder shall be only to the extent of the Grantee’s negligence.
B. The Grantee will hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee’s Facilities caused by
maintenance and/or construction work performed by, or on behalf of, the City within the Franchise Area or any other City road, right-of-way, or other property, except to the extent any such damage or loss is directly caused by the negligence or willful misconduct of the City, or its agent performing such work.
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C. The Grantee acknowledges that neither the City nor any other public agency with responsibility for firefighting, emergency rescue, public safety or similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or contractors, will make such arrangements as Grantee deems fit for the provision of such services. The Grantee will hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee for the City’s failure or inability to provide such services, and, pursuant to the terms of Section 14(A),
the Grantee will indemnify the City against any and all third-party costs, claims, injuries, damages, losses, suits, or liabilities based on the City’s failure or inability to provide such services.
D. Acceptance by the City of any work performed by the Grantee will
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the indemnification provided herein constitutes the Grantee’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 will survive the expiration or termination of this Agreement.
Section 15. Insurance
A. The Grantee will procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Grantee, its agents, representatives, or employees in the following amounts and types:
1. Automobile Liability insurance covering all owned, non- owned, hired, and leased vehicles with a minimum combined single limit for bodily injury and property damage of $1,000,000.00 per accident. Coverage will be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy will be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000.00 each occurrence, $2,000,000.00 general aggregate and a
$2,000,000.00 products-completed operations aggregate limit. Coverage will be written on ISO occurrence form CG 00 01 and will cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, and personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03
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11 85. There will be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. The City will be named as an additional insured under the
Grantee’s Commercial General Liability insurance policy with respect to the work performed under this Franchise using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage.
3. Professional Liability insurance with limits no less than $2,000,000.00 per claim for all professional employed or retained Grantee to perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance:
1. The Grantee’s insurance coverage will be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City will be in excess of the Grantee’s insurance and will not contribute with it.
2. The Grantee’s insurance will be endorsed to state that coverage will not be cancelled by either party except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
C. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee will furnish the City with documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work.
E. Grantee will have the right to self-insure any or all of the above-
required insurance. Any such self-insurance is subject to approval by the City.
F. Grantee’s maintenance of insurance as required by this Franchise will not be construed to limit the liability of Grantee to the coverage provided by that insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
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Section 16. Performance Security
The Grantee will provide the City with a financial guarantee in the amount of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of this Franchise, in a form and substance acceptable to the City. If Grantee fails to substantially comply with any one or more of the provisions of this Franchise, the City may recover jointly and severally from the principal and any surety of that
financial guarantee any damages suffered by City as a result of Grantee’s failure to comply, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities. Grantee specifically agrees that its failure to comply with the terms of Section 19 will constitute damage to the City in the monetary amount
set forth in that section. Any financial guarantee will not be construed to limit the Grantee’s liability to the guarantee amount, or otherwise limit the City’s recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements contained in this Franchise are binding upon the successors, assigns of, and independent contractors of the Grantee, and all rights and privileges, as well as all obligations and liabilities of the Grantee will inure to its successors, assignees and contractors
equally as if they were specifically mentioned herein wherever the Grantee is
mentioned.
B. This Franchise will not be leased, assigned or otherwise alienated without the express prior consent of the City by ordinance, which such consent will
not be unreasonably withheld.
C. Grantee and any proposed assignee or transferee will provide and certify the following to the City not less than sixty (60) days prior to the proposed date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by the City of an applicant for a Franchise with respect to the proposed assignee or transferee; and, (c) An application fee which will be set by the City, plus any other costs actually and reasonably incurred by the City in processing, and investigating the proposed assignment or transfer.
D. Before the City’s consideration of a request by Grantee to consent to a Franchise assignment or transfer, the proposed Assignee or Transferee will file with the City a written promise to unconditionally accept all terms of the Franchise, effective upon transfer or assignment of the Franchise. The City is under no
obligation to undertake any investigation of the transferor’s state of compliance
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and failure of the City to insist on full compliance before transfer does not waive any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising by reason of this Franchise, the dispute will first be referred to the operational officers or representatives designated by Grantor and Grantee to have oversight over the
administration of this Franchise. The officers or representatives will meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties will make a good faith effort to achieve a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner, either party may then pursue any available judicial remedies. This Franchise will be governed by and construed in accordance with the laws of the State of Washington. If any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue
will be exclusively in Grant County, Washington. The prevailing party in any action
will be entitled to its attorneys’ fees and costs.
Section 19. Enforcement and Remedies
A. If the Grantee willfully violates, or fails to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or fails to comply with any notice given to Grantee under the provisions of this agreement, the City may, at its discretion, provide Grantee with written notice to cure the breach within thirty (30) days of notification. If the City determines the breach
cannot be cured within thirty days, the City may specify a longer cure period, and
condition the extension of time on Grantee’s submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or the Grantee does not comply with the specified
conditions, the City may, at its discretion, either (1) revoke the Franchise with no further notification, or (2) impose liquidated damages of Two Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth in Section 16 for every day after the expiration of the cure period that the breach is not cured.
B. If the City determines that Grantee is acting beyond the scope of permission granted in this Franchise for Grantee’s Facilities and Grantee’s Services, the City reserves the right to cancel this Franchise and require the Grantee to apply for, obtain, and comply with all applicable City permits, franchises, or other City permissions for such actions, and if the Grantee’s actions
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are not allowed under applicable federal and state or City laws, to compel Grantee to cease those actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee will comply with, all applicable federal and state or City laws, regulations and policies (including all applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. The Grantee will be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to conform to any federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted pursuant to such federal or state statute or regulation enacted, amended, or adopted after the effective date of this Franchise if it provides Grantee with thirty
(30) days written notice of its action setting forth the full text of the amendment and
identifying the statute, regulation, or ordinance requiring the amendment. The amendment will become automatically effective on expiration of the notice period unless, before expiration of that period, the Grantee makes a written call for negotiations over the terms of the amendment. If the parties do not reach
agreement as to the terms of the amendment within thirty (30) days of the call for
negotiations, the City may enact the proposed amendment, by incorporating the Grantee’s concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise on thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 21. License, Tax and Other Charges
This Franchise will not exempt the Grantee from any future license, tax, or charge which the City may adopt under authority granted to it under state or federal law for revenue or as reimbursement for use and occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event will either party be liable for any special, incidental, indirect, punitive, reliance, consequential or similar damages.
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Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 24. Titles
The section titles are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 25. Implementation.
The City Manager is authorized to implement those administrative
procedures necessary to carry out the directions of this legislation.
Section 26. Effective date.
This Ordinance will take effect and be in force five days from and after its
passage, approval and publication as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on August 25, 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: August 31, 2020
Date Effective: September 5, 2020
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EXHIBIT “A”
STATEMENT OF ACCEPTANCE
Fatbeam, LLC, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached
hereto and incorporated herein by this reference.
Fatbeam, LLC 2065 W Riverstone Drive, Suite 105 Coeur d’Alene, ID 83814
By: Name: Title:
Date:
STATE OF ) )ss.
COUNTY OF )
On this day of , 2020, before me the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared, of _, the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of , residing at
MY COMMISSION EXPIRES:
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STAFF REPORT
To: Mayor Curnel, City Council
From: Allison Williams, City Manager
Date: August 18, 2020
Proceeding Type: Old Business
Subject: MLMC Title 17 Update on Plat Extensions Ordinance
Legislative History:
•First Presentation: July 28, 2020
•Second Presentation: August 25, 2020
•Requested Action: Consideration to adopt ordinance
Staff Report Summary
The Planning Commission held a public hearing to consider the extension of preliminary plat
approvals. After much discussion, the Commission recommended no change to the existing code
and asked that the City look for other administrative relief for the proponent of the change. At
the July 28, 2020 meeting of the City Council, after discussion of the issue, Council moved to have
the City Manager develop a development agreement with the proponent leaving the existing
code in tact. After further review, it was determined the code amendment needs to be brought
forward by Ordinance and approved by Council to have legal administrative relief for the project
proponent. Staff reviewed the Council action with the Planning Commission at their regular
meeting on August 13th and they recommended that the Ordinance have an 18-month sunset,
which would give them time to develop code for phasing of subdivisions. They also
recommended a fee. Both are included in the Ordinance before Council for consideration.
Background
At its September 12, 2017, meeting, the City Council granted a three-year extension to Aho
Construction to the Preliminary Plat approvals of Sun Terrace Major Preliminary Plats 2 ,3, 4, 5, 6,
7, and 8. Upon approving the extension, Council requested that code language be drafted
allowing for additional extensions. The remaining plats to be completed are Sun Terrace 5, 7, and
8.At the regular meeting of the Moses Lake Planning Commission on July 9, 2020, the Planning
Commission recommended against changing the city’s code to allow for administrative
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extensions of preliminary plats and made this recommendation to City Council. At the July 28,
2020 meeting of the City Council, the City Council considered denying the Planning Commission’s
recommendation and recommend staff bring forward an Ordinance to change the code language
to allow for the extension, however, upon staff understanding Council desired a three year
outright allowance, staff recommended a developer’s agreement. After the meeting, however,
the City Manager was reminded that a Development Agreement cannot differ from the
underlying code allowances, and so the original direction of the code change should have been
pursued.
Fiscal and Policy Implications
The policy implication for Community Development staff and Planning Commission is to develop
a phasing mechanism with administrative approvals within the city’s code to allow for larger
subdivisions that will take time and market absorption in order to build out. Numerous
jurisdictions allow for phasing preliminary plats. The sunset provision in the Ordinance under
consideration provides for an 18-month time period for the code to be developed.
Options
Option Results
• Move to approve the Ordinance This allows for the administrative approval of
extensions to a preliminary plat timeline.
• Move to deny the Ordinance The administrative relief sought by the
applicant would be removed.
Staff Recommendation
Staff recommends approval of the Ordinance.
Attachments
A..
B.
C.
Draft Ordinance
2017 Council Action
Staff Report to the Planning Commission, Determination of Non-Significance,
State Agency Review, and AHO Comment Letters
Legal Review – Ordinance was provided by City Attorney August 17, 2020.
Moses Lake City Council Packet 8-25-20 Page 96 of 151
ORDINANCE NO. 2955
AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE SECTION 17.12.100 ENTITLED “EXPIRATION OF PRELIMINARY MAJOR SUBDIVISION APPROVAL” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. Section 17.12.100 of the MLMC titled “Expiration of Preliminary Major Subdivision Approval” is amended as follows:
17.12.100 – Expiration of Preliminary Major Subdivision Approval; Extensions and
Sunset Provision: A. A preliminary major subdivision approval shall expire and become null and void five (5) years after the date of final action by the City Council((Hearing Examiner)).
B. The City Council((Plat Administrator)) may grant one (1) extension of the preliminary subdivision approval for a period not to exceed three (3) years, provided that the applicant submits a written request for an extension at least thirty((sixty)) 30((60)) calendar days before the expiration date , and the applicant has attempted in
good faith to submit the final subdivision application.
((C. Additional one-year extensions may be granted by the Plat Administrator beyond the initial three-year extension. Prior to granting time extensions, the Plat
Administrator shall circulate the time extension request to affected agencies for
comments. Additional or altered conditions recommended by the Plat Administrator or affected agencies may be required as a condition of the extension. This may include compliance with new or updated City regulations deemed necessary to protect the public health, safety, or general welfare.
Such extensions may be granted if all of the following conditions are met:
1. Unforeseen circumstances or conditions which are not the result of voluntary actions of the applicant necessitate the extension of the preliminary plat; and
2. Conditions in the immediate vicinity of the subject property have not changed substantially since the preliminary plat was first approved; ands
3. An extension of the preliminary plat will not cause substantial detriment to
existing uses in the immediate vicinity of the subject property or to the community as a whole; and
4. The applicant has demonstrated reasonable diligence in attempting to meet the
time limit imposed; and
5. The preliminary plat substantially complies with applicable city code provisions in effect on the date that the application for extension was submitted; and
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6. The applicant had paid any required fees in accordance to the City’s Fee Schedule.
The Plat Administrator shall issue a written decision approving or denying the time extension request and provide copies to affected agencies, the applicant, and those parties requesting a copy of such decision. Appeals of a time extension shall be filed in a manner consistent with the provisions of Chapter 20.11 MLMC.
D. Amendments processed pursuant to Section (C) of this Ordinance shall expire and sunset on March 5, 2022 (eighteen months from the date of adoption), unless extended by a subsequent ordinance of the City Council.
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 August 25, 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: August 31, 2020
Date Effective: September 5, 2020
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June 8, 2020
To: City of Moses Lake Planning Commission
From: Vivian Ramsey, Interim Planning Manager
RE: Extending Preliminary Plat Approval
The Planning Commission has been asked to review the city’s code as regards the extension of
preliminary plat approval and make a recommendation to the city council. Currently the city code allows
for one extension for up to three years, with council approval. State statute allows the city to issue
extensions either with or without additional requirements (RCW 58.17.140.)
In December 2017, the city council granted a three-year extension to Sun Terrace plats 2-8, reserving
the right to consider additional extensions. At that time, council requested that language be drafted to
allow additional extensions.
I’ve attached sample regulations from four cities in eastern Washington. As you can see, this subject is
handled in a variety of ways, from the city of Walla Walla not allowing any extensions, to the city of
Spokane Valley, seemingly allowing an unlimited number of extensions.
A primary consideration to keep in mind is that preliminary plats are vested in the regulations in place at
the time of approval. Currently, a plat approved in Moses Lake is vested for five years. In granting
extensions, it will be important to be able to condition extension with regulations or policies that may
come into effect in the future, such as impact fees.
Another important factor to be considered is whether or not the developer has made significant
progress on the preliminary plat.
For your consideration, I submit the following amendment to Title 17. This amendment includes:
1. The language from the Spokane Valley code, allowing for additional one-year extensions after
the initial three-year extension.
2. The language from the East Wenatchee code setting out the conditions to be met for approval
of the extension
3. The approval authority is transferred from the City Council (or Hearing Examiner) to the Plat
Administrator.
4. The period of time required for the request to be submitted is expanded from 30 days to 60
days to allow for the review of other agencies.
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Proposed Amendment
17.12.100-Expiration of Preliminary Major Subdivision Approval:
A. A preliminary major subdivision approval shall expire and become null and void five (5) years
after the date of final action by the City Council Hearing Examiner.
B. The City Council Plat Administrator may grant one (1) extension of the preliminary subdivision
approval for a period not to exceed three (3) years, provided that the applicant submits a written
request for an extension at least thirty (30)sixty (60) calendar days before the expiration date. ,
and the applicant has attempted in good faith to submit the final subdivision application.
Additional one-year extensions may be granted by the department beyond the initial three-year
extension. Prior to granting time extensions, the Plat Administrator shall circulate the time
extension request to affected agencies for comments. Additional or altered conditions
recommended by the department or affected agencies may be required as a condition of the
extension. This may include new or updated City regulations deemed necessary to protect the -
public health, safety, or general welfare.
Such extensions may be granted if all of the following conditions are met:
1. Unforeseen circumstances or conditions which are not the result of voluntary actions of the
applicant necessitate the extension of the preliminary plat; and
2. Conditions in the immediate vicinity of the subject property have not changed substantially
since the preliminary plat was first approved; and
3. An extension of the preliminary plat will not cause substantial detriment to existing uses in the
immediate vicinity of the subject property or to the community as a whole; and
4. The applicant has demonstrated reasonable diligence in attempting to meet the time limit
imposed; and
5. The preliminary plat substantially complies with applicable city code provisions in effect on the
date that the application for extension was submitted.
The Plat Administrator shall issue a written decision approving or denying the time extension
request and provide copies to affected agencies, the applicant, and those parties requesting a
copy of such decision. Appeals of a time extension shall be filed in a manner consistent with the
provisions of MLMC Chapter 20.11.
Moses Lake City Council Packet 8-25-20 Page 102 of 151
RCW 58.17.140
Time limitation for approval or disapproval of plats—Extensions.
(1) Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or
returned to the applicant for modification or correction within ninety days from date of filing thereof
unless the applicant consents to an extension of such time period or the ninety day limitation is
extended to include up to twenty-one days as specified under RCW 58.17.095(3): PROVIDED, That if an
environmental impact statement is required as provided in RCW 43.21C.030, the ninety day period shall
not include the time spent preparing and circulating the environmental impact statement by the local
government agency.
(2) Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty
days from the date of filing thereof, unless the applicant consents to an extension of such time period.
(3)(a) Except as provided by (b) of this subsection, a final plat meeting all requirements of this chapter
shall be submitted to the legislative body of the city, town, or county for approval within seven years of
the date of preliminary plat approval if the date of preliminary plat approval is on or before December
31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat
approval is on or after January 1, 2015.
(b) A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the
city, town, or county for approval within ten years of the date of preliminary plat approval if the project
is not subject to requirements adopted under chapter 90.58 RCW and the date of preliminary plat
approval is on or before December 31, 2007.
(4) Nothing contained in this section shall act to prevent any city, town, or county from adopting by
ordinance procedures which would allow extensions of time that may or may not contain additional or
altered conditions and requirements.
City of Moses Lake
17.12.100-Expiration of Preliminary Major Subdivision Approval:
A. A preliminary major subdivision approval shall expire and become null and void five (5) years after
the date of final action by the City Council.
B. The City Council may grant one (1) extension of the preliminary subdivision approval for a period not
to exceed three (3) years, provided that the applicant submits a written request for an extension at least
thirty (30) calendar days before the expiration date, and the applicant has attempted in good faith to
submit the final subdivision application.
City of Richland
24.12.055 Preliminary plat – Hearing examiner consideration and action.
A. The application for preliminary plat approval shall be approved, disapproved or returned to the
applicant for modification or correction within 90 days of the date of acceptance.
B. Hearing examiner approval of a preliminary plat shall not guarantee final approval of the plat or
subdivision and shall not constitute an acceptance of the subdivision, but shall authorize the subdivider
to proceed with the preparation of the final plat along the lines indicated in the preliminary plat.
C. Approval of the preliminary plat shall be operative for five years from the date of approval by the
hearing examiner during which time a final plat or plats may be submitted.
D. The subdivision administrator may extend the approval period or may require that the preliminary
plat must be resubmitted after the expiration of the approval period. [Ord. 13-96; Ord. 23-03; Ord. 27-
14 § 1.01; Ord. 01-18 § 1; Ord. 51-19 § 10].
Moses Lake City Council Packet 8-25-20 Page 103 of 151
City of Walla Walla
19.14.050 Preliminary plat approval – Expiration.
A. Preliminary plat approval shall be effective for five years from the date of approval by the city council
as provided by RCW 58.17.140. No extensions shall be allowed.
City of East Wenatchee
D. Extensions. An applicant may submit a written request to the city at least 60 days prior to the
expiration of the preliminary plat approval for a one-time extension of up to two years. Such extensions
may be granted by the city council if all of the following conditions are met:
1. Unforeseen circumstances or conditions which are not the result of voluntary actions of the
applicant necessitate the extension of the preliminary plat; and
2. Conditions in the immediate vicinity of the subject property have not changed substantially
since the preliminary plat was first approved; and
3. An extension of the preliminary plat will not cause substantial detriment to existing uses in the
immediate vicinity of the subject property or to the community as a whole; and
4. The applicant has demonstrated reasonable diligence in attempting to meet the time limit
imposed; and
5. The preliminary plat substantially complies with applicable city code provisions in effect on the
date that the application for extension was submitted.
City of Spokane Valley
20.30.060 Time extensions.
An application form and supporting data for time extension requests shall be submitted to the
department at least 30 days prior to the expiration of the preliminary short subdivision, subdivision, or
binding site plan. Time extension requests shall be processed as a Type I application pursuant to Chapter
17.80 SVMC.
The department may approve an extension provided there are no significant changed conditions or
changed development regulations which would render recording of the short subdivision,
subdivision or binding site plan contrary to the public health, safety or general welfare.
The department may grant an initial three-year time extension. Additional one-year extensions may
be granted by the department beyond the initial three-year extension. Prior to granting time
extensions, the department shall circulate the time extension request to affected agencies for
comments. Additional or altered conditions recommended by the department or affected agencies
may be required as a condition of this extension. This may include new or updated City regulations
deemed necessary to protect the public health, safety, or general welfare.
The department shall issue a written decision approving or denying the time extension request and
provide copies to affected agencies, the applicant, and those parties requesting a copy of such
decision. Appeals of a time extension shall be filed in a manner consistent with the provisions of
Chapter 17.90 SVMC.
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From:COM GMU Review Team
To:Vivian Ramsey
Subject:City of Moses Lake - Expedited Review Request Granted for Submittal ID: 2020-S-1531
Date:Thursday, July 16, 2020 12:42:53 PM
This sender is trusted.
Dear Ms. Ramsey,
Your request for an Expedited Review has been granted for: Proposed amendment
to development regulations to allow for additional extension timelines for
approval of preliminary plats.
As of receipt of this email, you have met the Growth Management notice to state
agency requirements in RCW 36.70A.106 for this submittal. Please keep this email
as confirmation.
If you have any questions, please contact William Simpson at (509) 280-3602 or by
email at william.simpson@commerce.wa.gov.
~~~ ONLINE TRACKING SYSTEM AVAILABLE ~~~~
Log into our new PlanView system at https://secureaccess.wa.gov/com/planview
where you can keep up with this submittal status, reprint communications and
update your contact information.
Don't have a user account? Reply to this email to request one and attach a
completed PlanView User Request Form.
Have questions about using PlanView? Use the PlanView User Manual for
assistance at https://www.commerce.wa.gov/serving-communities/growth-
management/washington-department-of-commerce-growth-management-
submitting-materials/.
Sincerely,
Review Team
Growth Management Services
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STAFF REPORT
To: Allison Williams, City Manager
From: Cindy Jensen, Finance Director
Date: August 21, 2020
Proceeding Type: Old Business
Subject: Fire Apparatus Bond Funding Ordinance 2956
Legislative History:
•First Presentation:
•Second Presentation:
2020 Budget
May 12, 2020
•Requested Action: Motion
Staff Report Summary
The next (and final) step for Council action to finance the purchase of the 2 fire apparatus
currently under contract to be built is to approve the bond ordinance and the interlocal
agreement with the State of Washington LOCAL program. This program, run by the State
Treasurer, allows local governments to use the borrowing power of the State to issue bonds on
our behalf. The state has asked for us to have these executed documents back by September 8.
Background
We discussed this option during the budget process. At the last study session on the Larson
Recreation Center (LRC), an updated spreadsheet was presented that included available
resources to pay for the debt service on the LRC, the two 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 bind Council to issue the debt for the Fire apparatus. The state has
approved us to borrow $2 million. They provided an estimate of debt service, with both a
current and pessimistic interest rate of 1.01% and 1.75% respectively, producing a first-year
annual debt service estimate of between $165,000 and $178,000, with ongoing annual payment
Moses Lake City Council Packet 8-25-20 Page 109 of 151
of a range of $215,000 and $225,000. An estimate made earlier this year set this annual debt
service pessimistically at $234,000, so we are seeing a more favorable interest rate environment.
The state will conduct their bond sale on October 15, 2020, and proceeds will be available to us
on October 29, 2020. We just contacted our representative at General Fire Apparatus as they are
building the chassis. They could invoice us for the Pumper around 10/2, and the Aerial about
10/19, so we added verbiage in the ordinance that authorizes a reimbursement if we pay for any
part of the equipment before the funds are available. Other points for Council consideration are
that we are pledging the “full faith and credit” of the City, and this debt will be counted as debt in
our limitation of debt calculation. Our debt load is relatively small, so we have adequate capacity
for these LOCAL issues.
Options
Option Results
• Move to approve the Ordinance
authorizing a local agency financing
contract to access the Washington
State LOCAL program
Action would allow Finance to continue in the
process to obtain funding to pay for the two
fire apparatus currently contracted to be built.
• Take no action Find a different way to pay for 2 fire apparatus
when the contract is completed.
Staff Recommendation
Make a motion to adopt the Ordinance to authorize entering into a Local Agency Financing
Contract to use the State Treasurer’s LOCAL program to purchase two fire apparatus.
Attachments
A.
B.
Ordinance and attachments
Estimate of Debt Service Repayment Schedule from the State Treasurer’s Office
Legal Review
Our Bond Counsel, K&L Gates LLP, prepared all legal documents in this packet.
Moses Lake City Council Packet 8-25-20 Page 110 of 151
ORDINANCE NO. 2956
AN ORDINANCE AUTHORIZING THE ACQUISITION OF FIRE APPARATUS THROUGH THE STATE OF WASHINGTON LOCAL PROGRAM AND EXECUTION OF A FINANCING CONTRACT AND RELATED DOCUMENTATION RELATING TO THE ACQUISITION AND REIMBURSEMENT OF THE FIRE
APPARATUS.
WHEREAS, the City of Moses Lake, Washington (the “Local Agency”) has executed a Notice of Intent to the Office of State Treasurer, in the form of Exhibit A (the “NOI”) to the form of Local Agency Financing Contract attached hereto as Attachment 1 (the “Local Agency Financing
Contract”), in relation to the acquisition of and the financing of the acquisition of the Property, as
defined below, under the provisions of RCW ch 39.94; and WHEREAS, it is deemed necessary and advisable by the City Council of the Local Agency that the Local Agency acquire two fire apparatus identified in the NOI (“Property”); and
WHEREAS, it is deemed necessary and advisable by the City Council of the Local Agency that the Local Agency enter into a Local Agency Financing Contract with the Office of the State Treasurer, in an amount not to exceed $2,000,000, plus related financing costs, in order to acquire the Property and finance the acquisition of the Property; and
WHEREAS, the Local Agency will undertake to acquire or to reimburse itself for the acquisition of the Property on behalf of and as agent of the Washington Finance Officers Association (the “Corporation”) pursuant to the terms of the Local Agency Financing Contract, and in accordance with all applicable purchasing statutes and regulations applicable to the Local Agency; and
WHEREAS, the Local Agency desires to appoint the individuals set forth in Exhibit C to the form of Local Agency Financing Contract as representatives of the Local Agency in connection with the acquisition of the Property and execution of the Local Agency Financing Contract (each an “Authorized Agency Representative”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN; as follows: Section 1. The individual holding the office or position set forth in Exhibit C to the form of
Local Agency Financing Contract is hereby appointed as representative of the Local Agency in
connection with the acquisition of or reimbursement for the acquisition of the Property and execution of the Local Agency Financing Contract and all other related documents. One Authorized Agency Representative shall be required to execute any one document in order for it to be considered duly executed on behalf of the Local Agency.
Section 2. The form of the Local Agency Financing Contract attached hereto as Annex 1 is hereby approved and an Authorized Agency Representative is hereby authorized and directed to execute and deliver the Local Agency Financing Contract, in an amount not to exceed $2,000,000,
Moses Lake City Council Packet 8-25-20 Page 111 of 151
plus related financing costs, and in substantially the form attached hereto with such changes as may be approved by an Authorized Agency Representative, for the acquisition of or the reimbursement
for the acquisition of the Property and financing of the acquisition of the Property.
Section 3. The Local Agency reasonably expects to reimburse a portion of the expenditures described herein with the proceeds of the Local Agency Financing Contract (the “Reimbursement Obligation”). The expenditures with respect to which the Local Agency reasonably expects to be
reimbursed from the proceeds of Reimbursement Obligation are for the chassis on the new
Property. The expenditures with respect to which the Local Agency reasonably expects to be reimbursed from the proceeds of Reimbursement Obligation will be made from the General Fund of the Local Agency, which provides for discretionary spending for basic municipal services. The maximum principal amount of Reimbursement Obligation expected to be issued for the property
described in this section is $2,000,000.
Section 4. The Local Agency hereby authorizes the acquisition of or the reimbursement for the acquisition of the Property as agent of the Corporation in accordance with the terms and provisions of the Local Agency Financing Contract.
Section 5. The Authorized Agency Representatives are hereby authorized to execute and deliver to the Office of State Treasurer all other documents, agreements and certificates, and to take all other action, which they deem necessary or appropriate in connection with the financing of the Property, including, but not limited to, any amendment to the NOI and agreements relating to initial
and ongoing disclosure in connection with the offering of securities related to the financing.
Section 6. This ordinance shall take effect from and after its passage and publication as required by law.
Adopted by the City Council and signed by its Mayor on August 25, 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: August 31, 2020 Date Effective: September 5, 2020
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CERTIFICATE OF AUTHORIZING ORDINANCE
I, the undersigned, Clerk of the City Council of City of Moses Lake, Washington (the “Local
Agency”), DO HEREBY CERTIFY:
1. That the attached Ordinance No. 2956 (herein called the “Ordinance”) is a true and correct
copy of a Ordinance of the Local Agency passed at a regular meeting of the City Council held on the
25th day of August, 2020, and duly recorded in my office;
2. That said meeting was duly convened and held in all respects in accordance with law; and to
the extent required by law, due and proper notice of such meeting was given; that a quorum of the City
Council was present throughout the meeting and a legally sufficient number of members of the City
Council voted in the proper manner for the passage of the Ordinance;
3. That all other requirements and proceedings incident to the proper passage of the Ordinance
have been duly fulfilled, carried out and otherwise observed;
4. That the Ordinance remains in full force and effect and has not been amended, repealed or
superseded; and
5. That I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand as of this 25th day of August, 2020.
City Clerk
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Delivery Date
Project Funds
All-In Interest Cost 1.01%1.75%
Payment Date
Debt Service-
Current Interest
Rates
Debt Service-
Pessimistic Scenario
12/1/2020 $ 14,122 $ 14,682
6/1/2021 $ 126,000 $ 137,625
12/1/2021 $ 38,875 $ 40,250
6/1/2022 $ 178,875 $ 185,250
12/1/2022 $ 35,375 $ 36,625
6/1/2023 $ 185,375 $ 191,625
12/1/2023 $ 31,625 $ 32,750
6/1/2024 $ 186,625 $ 192,750
12/1/2024 $ 27,750 $ 28,750
6/1/2025 $ 187,750 $ 198,750
12/1/2025 $ 23,750 $ 24,500
6/1/2026 $ 193,750 $ 204,500
12/1/2026 $ 19,500 $ 20,000
6/1/2027 $ 199,500 $ 205,000
12/1/2027 $ 15,000 $ 15,375
6/1/2028 $ 205,000 $ 210,375
12/1/2028 $ 10,250 $ 10,500
6/1/2029 $ 210,250 $ 215,500
12/1/2029 $ 5,250 $ 5,375
6/1/2030 $ 215,250 $ 220,375
$ 2,109,872 $ 2,190,557
October 29, 2020
$2,000,000
City of Moses Lake
Estimate Debt Service--Fire Apparatus
Note: All figures are estimates. Actual rates are determined on
the day of sale.
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STAFF REPORT
To: Mayor Curnel, City Council
From: Allison Williams, City Manager
Date: August 20, 2020
Proceeding Type: New Business
Subject: Plat Extensions Fee Schedule Resolution 3814
Legislative History:
•First Presentation: August 25, 2020
•Second Presentation:
•Requested Action: Consideration to adopt resolution
Staff Report Summary
If City Council moves to adopt Ordinance 2955 to amend the code providing for plat extensions,
then the Planning Commission had recommended the City implement a fee to provide for the
administration of the plat extension application.
Fiscal and Policy Implications
This action would provide for a fee to cover the administrative cost of providing for the plat
extensions contemplated in Ordinance 2955
Options
Option Results
•Move to approve the Resolution This would add the fee to the city’s fee
schedule
•Move to deny the Resolution The administrative process would still take
place but without offsetting fees to cover
administrative costs.
Legal Review – N-A
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RESOLUTION NO. 3814
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON AMENDING THE 2020 FEE SCHEDULE TO INCORPORATE THE CHARGES FOR A PLAT EXTENSION REQUEST
Recitals:
1. The City Council adopted Resolution 3786 establishing the 2020 Fee Schedule on December 10, 2019; and
2. The City Council adopted Resolution 3807 on June 9, 2020, to incorporate a few with a
new form called Franchise ad Right of Way Use Authorization for the location of telecommunication facilities in the City Right-of-Way in May 2020 pursuant to MLMC 5.60.080 License or Franchise Application; and
3. The City Council was presented with a new process for MLMC 17.12.100 to allow
applicants a third plat extension request. Resolved:
The following fee will be added to the 2020 fee schedule:
Adopted by the City Council of Moses Lake, Washington on August 25, 2020.
______________________________ David Curnel, Mayor ATTEST:
_________________________ Debbie Burke, City Clerk
Comm Dev Land Use Plat Extension Request $300.00
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STAFF REPORT
To: Allison Williams, Interim City Manager
From: Vivian Ramsey, Interim Planning Manager
Date: August 24, 2020
Proceeding Type: Consent Agenda – Agenda Packet Addendum
Subject: Cascade Valley Fire Protection Covenants
Legislative History:
• First Presentation: November 12, 2019
• Second Presentation: August 26, 2020
• Action: Motion
Staff Report Summary
Last November, staff discussed this issue with Council seeking input to resolve the issue of property
that had been annexed to the City containing approved plats with inadequate fire protection as
well as other urban services. Within our existing code, the City has a provision to allow platted lots
not meeting City standards to be deemed an insufficient plat. This provides for covenants or
agreements to be required on each lot to be built upon, understanding that they will be required
to connect to services when available, and pay their share of road improvements, etc.
Staff has been working together to establish a means of allowing residential construction to occur
on the platted lots in Cascade Valley. Within that time, the residents have purchased and delivered
to the Fire Department a fire tender to provide additional fire protection. The attached Covenant
will provide the means to obtain building standards that will provide additional safety measures
within the area.
Background
A large portion a property was purchased by a developer with the intent to bring water and sewer
lines across the lake to their property. During this conversation, there were additional and
surrounding properties that wanted to benefit from the City utilities as well. However, some of
these properties had already been approved through the county platting process allowing
development with wells and septic systems. At some point during this process and due to the
downturn in the economy, the developer of the large parcel chose not to do the development and
the City did not extend utility lines across the lake. The annexation proceeded or was previously
Moses Lake City Council Packet 8-25-20 Page 144 of 151
completed before this decision was made, and this left this portion of property inside City Limits
without urban services. This left the properties without adequate fire protection.
Fiscal and Policy Implications
None at this time
Options
Option Results
• Motion to approve Property owners will be able to build
residential units on platted lots
• Take no action. Building permits will not be issued on platted
lots.
Staff Recommendation
Staff recommends that Council approve covenants to run with the land on properties annexed
with approved plats deemed insufficient.
Attachments
A. Map of area
B. Proposed covenant to run with the land
Legal Review N-A
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Attachment A
48 Platted Lots
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Record and Return to: Legal Department City of Moses Lake P.O. Drawer 1579 Moses Lake, WA 98837
COVENANT AS TO DEVELOPMENT TERMS, CONDITIONS, AND IMPROVEMENTS 1. Owner and Plat: This covenant running with the land is made by ____________________ herein referred to as the Owner of certain real property, herein referred to as the Premises, located in the City of Moses Lake, in Grant County, Washington, herein City,
and described as follows:
_______________________________ Plat, per plat thereof filed with the Grant County Auditor
2. Recitals:
2.1 The Owner has caused the Premises to be platted, or has purchased the Premises which were platted, under the jurisdiction of Grant County, Washington, within the City of Moses Lake’s Urban Growth Area. In connection with that platting, the
Premises lack sufficient infrastructure and improvements as required by the City
Municipal Codes (MLMC). The Premises have since been annexed into the City of Moses Lake’s corporate limits. 2.2 The Owner now desires to develop the Premises with a single-family residence for
which a building permit is required from the City. Pursuant to MLMC 16.02.110, the
Premises and underlying plat are deemed insufficient. Property within the City which was platted without the extension or provision of city water, city sewer, storm water, curb, sidewalk, streets or other improvements shall be deemed to be unplatted
for purposes of the issuance of any development permit or building permit. Such lots
may be permitted to develop upon the installation of city-required infrastructure, upon the posting of security in an amount approved by the city to ensure the future construction of the required improvements, or upon a grant by the City Council for a waiver, deferral, or deviation from or of the requirement to install improvements.
2.3 Pursuant to MLMC 16.02.110, the City Council has granted a waiver, deferral, and deviation from the requirement to install certain improvements because of the location and condition of the Premises and a finding that the requirement to install improvements would cause an unusual and unnecessary hardship on the Owner. As a
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condition of granting this waiver, deferral and deviation, the City Council has required certain conditions to ensure that its objectives in granting the waiver,
deferral, and deviation are secured and achieved.
2.4 The conditions of the waiver, deferral, and deviation include certain improvements in order to provide an adequate level of fire protection services to the Premises and certain limitations and conditions of development related to the size, location, and
type of the structures placed on the Premises.
2.5 The Owner and the City desire to allow the Owner to proceed with the residential development of the Premises subject to the terms and conditions of the City Council’s grant of waiver, deferral, and deviation.
2.6 It is the desire of the Owner and the City that the terms upon which certain improvements will be required be placed upon the Premises shall become covenants running with the land and shall be binding upon the land and all present and subsequent owners and persons dealing with the same.
In consideration of the following approved City of Moses Lake permit Application No. ______________ issued or improvements associated with the Premises located at ____________________________, the Owners hereby covenant with the City of Moses Lake, a political subdivision of the State of Washington, its successors in
interest and assigns, that it will observe, consent to, and abide by the conditions and
obligations set forth and described below with regard to the Premises. 3. Covenant Terms:
3.1 Acknowledgment and Waiver: Owner acknowledges that the Premises are insufficiently platted pursuant to MLMC 16.02.110. Owner, on behalf of Owner and Owner’s heirs, successors and assigns, hereby waives any right to assert any and all present and future claims against the City, whether known or unknown, for any loss
or damage occurring either on or off the Property, including without limitation
personal injury, death, property damage, and loss of use by reason of or arising out of issuance of any permit or approval by the City for development or alteration of the Premises.
3.2 Binding Effect: The terms of this covenant shall be binding upon the Owner,
his/hers/its successors, assigns, heirs, agents, and all other persons claiming an interest in the Premises or any portion thereof. The liability for the cost of the installation of the improvements and compliance with the terms and conditions of the City Council’s grant of waiver, deferral, and deviation, is joint and several to the
entire Premises and any lots, tracts, parcels or divisions of the Premises.
3.3 Terms and Conditions of Waiver, Deferral, and Deviation: The following terms and
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conditions, including those related improvements and limitations, shall be observed in connection with building on the Premises within the referenced plat, and no
building permit shall be issued for the Premises until the following terms and
conditions have been met: a. All new residential structures up to 3,600 square feet, including attached accessory structures, must have approved National Fire Protection
Association Standard 13D or International Residential Code Section 2904
compliant fire sprinkler systems, with a minimum of a 400-gallon reservoir and a listed (Underwriters Laboratories or Factory Mutual ratings) pump. All fire sprinkler systems shall be multipurpose wet-pipe sprinkler systems that do not include the use of antifreeze.
b. Outbuildings and detached garages shall be limited to a maximum of 600
square feet. c. All structures will require a minimum of a 20 feet eave-to-eave spacing. d. Any new structure greater than 3600 square feet total will be required to undergo individual review for approval. Structures exceeding the 3600
square foot total will exceed the alternative flow and should expect to require
the provision of Tenders. e. Only one- and two-family residences may be constructed with the fire flow issues present. Two-family residences must be separated by a common 1-hour fire resistance-rated wall assembly tested in accordance with American
Society of Tool and Manufacturing Engineers Standard E119: Standard Test
Methods for Fire Tests of Building Construction and Materials and be equipped with independent sprinkler systems as stated in number 1 above. f. All structures require not less than 10 feet of separation from property lines measured to the eave.
Exception: Property lines adjacent to a public way.
3.4 Indemnity: To the full extent of Owner’s negligence and the full extent of the negligence of Owner’s heirs, successors and assigns, as well as the negligence of agents and employees of any of the above, Owner, on behalf of Owner and Owner’s
heirs, successors and assigns, agrees to indemnify, hold harmless and defend the City
and its officers, agents and employees from and against any and all claims, losses, costs and damages including without limitation personal injury, death, property damage, loss of use, and attorneys’ fees, arising out of or relating to the City’s involvement in permit issuance, inspection, or approval of any development or
alteration of the Premises, and caused by or resulting from the concurrent negligence
of the City or the City’s agents or employees, and: (a) Owner or Owner’s agents or employees; (b) Owner’s heirs, successors or assigns; (c) the agents or employees of Owner’s heirs, successors or assigns; or (d) any combination thereof. Owner, on behalf of Owner and Owner’s heirs, successors and assigns, agrees to indemnify, hold
harmless and defend the City and its officers, agents and employees from and against
any and all claims, losses, costs and damages, including without limitation personal
Moses Lake City Council Packet 8-25-20 Page 149 of 151
injury, death, property damage, loss of use, and attorneys’ fees, arising out of or relating to the City’s involvement in permit issuance, inspection, or approval of any
development or alteration of the Property, and caused by or resulting from the non-
concurrent negligence of the City or the City’s agents or employees, and: (a) Owner or Owner’s agents or employees; (b) Owner’s heirs, successors or assigns; (c) the agents or employees of Owner’s heirs, successors or assigns; or (d) any combination thereof. Owner, on behalf of Owner and Owner’s heirs, successors and assigns,
agrees to indemnify, hold harmless and defend the City and its officers, agents and
employees from and against any and all claims, losses, costs and damages, including without limitation personal injury, death, property damage, loss of use, and attorneys’ fees, and caused by or resulting from the negligence of any and all persons and entities involved in the design, construction, or maintenance of improvements to the
Property, other than: (a) Owner and Owner’s agents and employees; (b) Owner’s
heirs, successors and assigns; and (c) the agents or employees of Owner’s heirs, successors or assigns. Nothing in this Section is intended to require indemnification of the City for damages or other losses caused by or resulting from the sole negligence of the City, its agents or employees. Owner, on behalf of Owner and
Owner’s heirs, successors and assigns, specifically and expressly agrees to waive
Owner’s and Owner’s heirs’, successors’ and assigns’ immunity under industrial insurance, Title 51 of the Revised Code of Washington, to the extent necessary to provide the City with a full and complete indemnity from claims made by employees of Owner or Owner’s heirs, successors and assigns. Owner, on behalf of Owner and
Owner’s heirs, successors and assigns, specifically and expressly agrees that such
waiver of immunity was mutually negotiated by the parties. 3.5 Enforcement: The City of Moses Lake is a beneficiary of this covenant and as such is entitled to seek enforcement of this covenant. In the event of such enforcement
action, the City of Moses Lake shall be entitled to recover all costs of litigation
including but not limited to the costs of title searches, service of process, discovery and disposition costs and all actual attorney’s fees incurred before, during and after trial, including appeals.
3.6 Recording: This Covenant shall be recorded in the real estate records of the Grant
County Auditor’s Office of Grant County, Washington. 3.7 Severability: If any provision of this Covenant is held invalid, the remainder of the Covenant is not affected. If the application of this Covenant to any person or
circumstance is held invalid, the application of the Covenant to other persons or
circumstances is not affected. 4. Dated: , 20___
________________________________
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By
Title _________________________________ ______________________________________
Print Name
WASHINGTON STATE
GRANT COUNTY
On this day, personally appeared before me, known to be
the individual who signed his name to the foregoing document and acknowledged it to be his free
and voluntary act for the purposes therein described in the document. Dated this day of , 20__.
Signature of Notary Public
Name printed
My commission expires
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