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2019 0827 Council Agenda PacketMoses Lake City Council Karen Liebrecht, Mayor | David Curnel, Deputy Mayor | Mike Riggs, Council Member | Don Myers, Council Member Daryl Jackson, Council Member | Ryann Leonard, Council Member| Dean Hankins, Council Member Regular Meeting Agenda August 27, 2019, 7 PM Call to Order – 7 p.m. Roll Call Pledge of Allegiance Summary Reports: Mayor’s Report Additional Business City Manager’s Report Citizen’s Communications – Identification Citizens who would like to address the Council must complete one of the blue speaker request cards and submit it to the City Clerk. There is a (5) minute time limit per speaker. Presentation Municipal Airport Contract Amendments – Richard Pearce, Airport Advisory Board Chair Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #1 pg 3 a.City Council Meeting Minutes dated August 13, 2019 b.Bills and Checks c.Accept Salt Storage Canopy Project d.Award Westlake Lift Station Upgrade e.Authorize Telemetry Engineering Work Order f.Robert Parish Build on Unplatted Resolution 3776 Old Business – none scheduled Public Hearing #2 pg 54 Sagecrest Plat Development Agreement Ordinance 2930 Motion Presented by Kris Robbins, Community Development Director Summary: Council to review and consider adoption August 27, 2019, City Council Meeting – Page 2 New Business #3 pg 69 Sagecrest Major Plat I, II, and III Approval Motion Presented by Kris Robbins, Community Development Director Summary: Council to review and consider approval #4 pg 87 Finance Committee Resolution 3777 Motion Presented by Cindy Jensen, Finance Director Summary: Council to review and consider adoption Administrative Reports Council Communications and Reports Executive Session – none scheduled Adjournment MOSES LAKE CITY COUNCIL August 13, 2019 STUDY SESSION A study session was held prior to the regular meeting to discuss the 2020 Budget Goals and Priorities. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam St., Moses Lake, Washington. ROLL CALL Present: Mayor Liebrecht; Deputy Mayor Curnel; Council Members Jackson, Myers, Leonard, Riggs, and Hankins. PLEDGE OF ALLEGIANCE Deputy Mayor Curnel led the Council in the Pledge of Allegiance. SUMMARY REPORTS: MAYOR’S REPORT Mayor Liebrecht recommended appointment of Troy White to an unexpired term on the Park and Recreation Advisory Board. Action taken: Deputy Mayor Curnel moved to affirm the appointment as presented, second by Council Member Myers. The motion carried 7 – 0. Mayor Liebrecht thanked staff for the hospitality given to the Yonezawa exchange students during their visit to city facilities on August 9. CITIZEN’S COMMUNICATION Dog Park and Lake Algae Faith Benya, 4454 Kathy Dr NE, Moses Lake, thanked the city for installing new trees from donated funds from the Friends of Moses Lake Dog Park. She also inquired about the algae issues for pets. Staff provided an update on meetings being conducted by the Irrigation District. Road Maintenance Steven Benya, 4454 Kathy Dr NE, Moses Lake, expressed a concern on a safety aspect from the loose gravel remaining from a recent chip seal project. Mayor Liebrecht referred him to work on a solution with Municipal Services Director Fred Snoderly. PRESENTATION #1 North Central Regional Library System Strategic Planning Executive Director Barbara Walters reviewed the Strategic Plan that was provided in the Council’s meeting packet. They are working on securing funding to install an elevator to make the basement meeting room ADA compliant. Grant County Library Manager Moses Lake Council Packet 8-27-19, Page 3 of 89 Roxanne Southwood provided 2018 activity and program statistics at the Moses Lake branch, program coordination with the museum, and recent shelving improvements funded by the Moses Lake Library Foundation, Rotary, and other local contributors. CONSENT AGENDA #2 a. City Council Meeting Minutes dated July 23 and 29, 2019 b. Bills and Checks c. Lakeshore Easements Resolution 3773 d. Nouryon Pulp and Performance Chemical Wastewater Discharge Permit e. SGL Wastewater Discharge Permit f. Award Coolidge Water Main Installation Bid g. Reject Pioneer Sidewalk, Curb, and Catch Basin Bid h. Award ADA Ramp and Stormwater Upgrades Bid Action taken: Council Member Riggs moved to approve the Consent Agenda, second by Deputy Mayor Curnel. The motion carried 7 – 0. OLD BUSINESS #3 MLMC Title 18 Zoning Update Ordinance 2929 – Third Presentation First and second presentations occurred on July 9 and 23. The main purpose of the update is to add a new section relating to cryptocurrency mining operations, server farms, and data centers. The Planning Commission conducted a Public Hearing on June 13, 2019, and recommends approval of the amendments. Staff summarized changes made since Council’s last review. Action taken: Council Member Jackson moved to adopt Ordinance 2929 with deletion of sections 18.74.020(5) and (7), second by Deputy Mayor Curnel. The motion carried 7 – 0. NEW BUSINESS #4 Intent to Implement HB 1406 Affordable Housing Resolution 3774 The resolution is the first step to implement a local sales tax credit against the state sales tax to help cities provide affordable housing to persons who have an income below the sixty percent median income. The sales tax credit will sunset in 20 years. Action taken: Council Member Hankins moved to adopt Resolution 3774, second by Council Member Leonard. The motion carried 7 – 0. #5 Support .3% Sales Tax Initiative Resolution 3775 The proposed initiative would designate revenue to support the criminal justice system in Grant County. A successful vote will increase the city’s revenue approximately $1M specifically for Police Department support. Staff corrected the reference to RCW 82.14.450 for this resolution. Council discussed the subject for five minutes and offered the same period of time for public discussion. There were no public comments. Moses Lake Council Packet 8-27-19, Page 4 of 89 Action taken: Council Member Leonard moved to adopt Resolution 3775, second by Council Member Leonard. The motion carried 6 – 1, Council Member Myers opposed. #6 6708 College Parkway Request to Connect to Water and Sewer Ryan Doumit, dba Coco Ventures, requests approval for connecting to the city’s water and sewer systems to serve a commercial training facility on parcel #171049011. Action taken: Council Member Jackson moved to approve the request to connect to city water and sewer at 6708 College Parkway with an extraterritorial agreement, second by Deputy Mayor Curnel. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Finance Director Cindy Jensen advised that there will be a 2.43% COLA to the solid waste contract but she does not believe there is any need to increase solid waste rates to the consumers. Figures will be evaluated again later this year. She also provided a summary of the 2nd quarter financial report distributed to Council via email. Interim City Manager Kevin Fuhr requested Council’s input on the term limits for the city’s official newspaper for legal notices. City Attorney Katherine Kenison provided the options for establishing the paper of record. Council concurred to opt out of the bid process and use the Columbia Basin Herald for an unlimited term. He also provided an overview of the National Night Out event. COUNCIL COMMUNICATIONS AND REPORTS Council concurred on Council Member Jackson’s suggestion to send a letter from the city in opposition of the proposed location for a new elementary school next to the municipal airport. Staff will prepare a letter for review at the next meeting. Council Member Myers invited everyone to attend a free concert called Fireshed to be held on August 23 and 24 at McCosh Park starting at 6 p.m. A contestant from season 11 of the Voice will be performing at the music festival. Council Member Leonard shared library programs about Medieval Knights and Didgeridoos that she has enjoyed with her son, thanked the Police for the National Night Out affair, and thanked the community for providing great activities for our kids. Council Member Riggs encouraged everyone to attend the Grant County Fair this week. He attended the flag raising ceremony today and reports there are lots of activities and exhibits. Mayor Liebrecht also encouraged everyone to attend the Grant County Fair and asked anyone interested in volunteering at the Lioness Spaceburger booth at the fair to contact her directly. EXECUTIVE SESSION Mayor Liebrecht called an Executive Session at 7:52 p.m. to be held for 25 minutes pursuant to RCW 42.30.110(1)(g) and (i) to discuss performance of a public employee, as well as litigation, Moses Lake Council Packet 8-27-19, Page 5 of 89 and there will be no further business. Mayor Liebrecht extended the session for 55 minutes. ADJOURNMENT The regular meeting was adjourned at 9:15 p.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 8-27-19, Page 6 of 89 Moses Lake Council Packet 8-27-19, Page 7 of 89 Moses Lake Council Packet 8-27-19, Page 8 of 89 Moses Lake Council Packet 8-27-19, Page 9 of 89 Moses Lake Council Packet 8-27-19, Page 10 of 89 Moses Lake Council Packet 8-27-19, Page 11 of 89 Moses Lake Council Packet 8-27-19, Page 12 of 89 Moses Lake Council Packet 8-27-19, Page 13 of 89 Moses Lake Council Packet 8-27-19, Page 14 of 89 Moses Lake Council Packet 8-27-19, Page 15 of 89 Moses Lake Council Packet 8-27-19, Page 16 of 89 Moses Lake Council Packet 8-27-19, Page 17 of 89 Moses Lake Council Packet 8-27-19, Page 18 of 89 Moses Lake Council Packet 8-27-19, Page 19 of 89 Moses Lake Council Packet 8-27-19, Page 20 of 89 Moses Lake Council Packet 8-27-19, Page 21 of 89 Moses Lake Council Packet 8-27-19, Page 22 of 89 Moses Lake Council Packet 8-27-19, Page 23 of 89 Moses Lake Council Packet 8-27-19, Page 24 of 89 Moses Lake Council Packet 8-27-19, Page 25 of 89 Moses Lake Council Packet 8-27-19, Page 26 of 89 Moses Lake Council Packet 8-27-19, Page 27 of 89 Moses Lake Council Packet 8-27-19, Page 28 of 89 Moses Lake Council Packet 8-27-19, Page 29 of 89 Moses Lake Council Packet 8-27-19, Page 30 of 89 Moses Lake Council Packet 8-27-19, Page 31 of 89 Moses Lake Council Packet 8-27-19, Page 32 of 89 Moses Lake Council Packet 8-27-19, Page 33 of 89 Moses Lake Council Packet 8-27-19, Page 34 of 89 Moses Lake Council Packet 8-27-19, Page 35 of 89 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: August 14, 2019 Proceeding Type: Consent Agenda Subject: Accept 2019 Salt Storage Canopy Project Legislative History: • First Presentation: • Second Presentation: August 27, 2019 • Action Motion Staff Report Summary POW Contracting, Inc. has completed the work on 2019 Salt Storage Canopy and the project is ready for final acceptance. Background The project consisted of installing a canopy over the salt storage pad that was installed in 2018. The work completed is in the amount of $88,888.88, which corresponds with the original contract price. 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. Moses Lake Council Packet 8-27-19, Page 36 of 89 Options Option Results • Motion 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 2019 Salt Storage Canopy. Attachments A. None Legal Review N-A Moses Lake Council Packet 8-27-19, Page 37 of 89 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: August 22, 2019 Proceeding Type: Consent Agenda Subject: Request To Award 2019 Westlake Lift Station Upgrade Project Legislative History: • First Presentation: • Second Presentation: • Requested Action: August 27, 2019 Motion Staff Report Summary On August 21, staff opened bids for the 2019 Westlake Lift Station Upgrade Project. The City received two (2) bids for the work. The low bid was $353,962.64 and the Engineer’s Estimate was $249,008.35. Background The 2019 budget includes money for completing these improvements. This project consists of upgrading pumps, valving and controls at the existing Westlake Lift Station. Bids are high due to contractors being tied up with other contracts in a booming economy. After consulting with the sewer department, it is recommended to pay the premium in order to get these upgrades online. The project has been needed for quite some time putting it off more will keep adding to their maintenance load. The low bidder, POW Contracting, Inc. of Pasco, WA, has successfully worked with the City on past projects. Moses Lake Council Packet 8-27-19, Page 38 of 89 Fiscal and Policy Implications The project will require budgeted funds to be spent. Options Option Results • Award the 2019 Westlake Lift Station Upgrade Project to the lowest bidder Staff will move forward with executing a contract with the low bidder to complete the work. • Take no action Staff will stop working on this project and wait for further direction from City council. Staff Recommendation Staff recommends awarding the bid for the 2019 Westlake Lift Station Upgrade Project to POW Contracting, Inc. in the amount of $353,962.64. Attachments A. Bid Summary Legal Review N-A Moses Lake Council Packet 8-27-19, Page 39 of 89 Moses Lake Council Packet 8-27-19, Page 40 of 89 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: August 22, 2019 Proceeding Type: Consent Agenda Subject: Request To Award Electrical Engineering Contract for Water System Telemetry Upgrades Project Legislative History: • First Presentation: • Second Presentation: • Requested Action: August 27, 2019 Motion Staff Report Summary Staff has received a proposal for electrical engineering services for the Water System Telemetry Upgrades Project. RH2 Engineering, Inc. has submitted a proposal not to exceed $280,870 for designing communications upgrades to 25 existing wells and reservoirs including field testing, startup, and commissioning. Background The existing water system telemetry hardware and programming are reaching the end of their useful life. The City is replacing the old software and hardware with updated, industry standard versions. The existing communication panels and controllers need to be replaced system wide in order to function with the new programs. This will give operators greater control of the system and give more data in return to see weaknesses in the system and be able to plan for the future. We have worked successfully with RH2 Engineering in the past and feel confident in their ability to deliver on time and within the budget agreed upon. Moses Lake Council Packet 8-27-19, Page 41 of 89 Fiscal and Policy Implications The project will require funds to be spent. Options Option Results • Award the Water System Telemetry Upgrades Contract Staff will move forward with executing a contract beginning design work • Take no action Staff will stop working on this project and wait for further direction from City council. Staff Recommendation Staff recommends accepting the proposal from RH2 Engineering, Inc. in the not to exceed amount of $280,870. Attachments A. Time and Fee Estimate Legal Review N-A Moses Lake Council Packet 8-27-19, Page 42 of 89 Moses Lake Council Packet 8-27-19, Page 43 of 89 Moses Lake Council Packet 8-27-19, Page 44 of 89 Moses Lake Council Packet 8-27-19, Page 45 of 89 Moses Lake Council Packet 8-27-19, Page 46 of 89 Moses Lake Council Packet 8-27-19, Page 47 of 89 Moses Lake Council Packet 8-27-19, Page 48 of 89 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Kris Robbins, Community Development Director Date: August 14, 2019 Proceeding Type: New Business Subject: Build on Unplatted Property- Midway Diner Legislative History: • First Presentation: August 27, 2019 • Second Presentation: • Requested Action: Motion Staff Report Summary The Community Development Department has received a request from Robert Parrish to build on an unplatted property, parcel number 090384011, 899 Westshore Drive NE. The proposal is to construct a 24-hour diner at this location. The applicants have been taken part in two pre- application meetings with staff on this proposal. Background A building permit cannot be issued on unplatted property in accordance with MLMC 16.02.040 unless the City Council finds that the public interest will not be adversely affected by the issuance of such a permit. Fiscal and Policy Implications No impact. Options Option Results • Adopt the Resolution as presented. Find that the request meets the provisions of MLMC 16.02.040 and grant the request to build on unplatted property • Take no action The diner will not be constructed and the property will remain as is or the applicants would need to plat the property first. Moses Lake Council Packet 8-27-19, Page 49 of 89 Staff Recommendation Staff recommends that the Moses Lake City Council adopt the Resolution for approval to build on unplatted property as presented. Attachments - None A. Resolution 3776 B. Proponent Request C. Vicinity Map Legal Review – N/A Moses Lake Council Packet 8-27-19, Page 50 of 89 RESOLUTION NO. 3776 A RESOLUTION ALLOWING ROBERT PARRISH TO BUILD ON UPLATTED PROPERTY Recitals: 1. Moses Lake Municipal Code 16.02.040 allows for the issuance of a building permit to a proponent who wishes to build on unplatted property after a resolution has been duly passed by the City Council. 2. Robert Parrish has requested the City Council to allow them to build on unplatted property they intend to purchase and described as follows: TRACTS 64 AND 65, BATTERY ORCHARD TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN ACREAGE PLATS, PAGE 31, RECORDS OF GRANT COUNTY, WASHINGTON, LYING NORTH OF WANAPUM DRIVE. EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR PRIMARY STATE HIGHWAY NO 18, AND ALSO EXCEPTING THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED AUGUST 28, 1995 UNDER AUDITOR'S FILE NO. 950829028. Resolved: 1. Robert Parrish be allowed to construct their proposed diner on unplatted property provided that all permits and construction plans are submitted and approved by the appropriate city departments. ADOPTED by the City Council on August 27, 2019. ________________________________________ Karen Liebrecht, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 8-27-19, Page 51 of 89 Moses Lake Council Packet 8-27-19, Page 52 of 89 Midway Diner Letter Moses Lake Council Packet 8-27-19, Page 53 of 89 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Kris Robbins, Community Development Director Date: August 22, 2019 Proceeding Type: Public Hearing Subject: Developer Agreement – Sagecrest I, II, & III Plat Legislative History: • First Presentation: August 27, 2019 • Second Presentation: • Requested Action: Motion Staff Report Summary The Community Development Department has worked with other departments and the City Attorney to establish a Developer Agreement with Hayden Homes, LLC for the 84-lot residential subdivision, on approximately 21 acres, called Sagecrest Major Plat. Sagecrest Major Plat consists of three plats that are located between Hansen Road and Westshore Drive. The Developer Agreement is to assist with the plat by establishing timelines, the required improvements and responsibilities of both the Developer and the City. Upon approval, the City and Developer will pursue the costs for the improvements, agree to them, and present a final Agreement to the City Manager and Attorney for signature. Background The request is for the Council to hear and accept the proposed Developer Agreement for the improvements of Sagecrest Major Plat between Hayden Homes, LLC and the City of Moses Lake. RCW 36.70B allows for Cities to enter an agreement with Developers to set forth the development standards and other provisions that shall apply to govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. The purpose of this Agreement is to recognize and vest the development standards and other provisions specified and govern development and use of the property. The agreement addresses the need for improvements along Hansen Road and Westshore Drive, and includes water, sewer, streets, sidewalks, pathway, etc. The Agreement requires timelines and values while allowing some flexibility to the developer yet providing the City the most cost effective and important improvements. Staff and Developer will work on the cost estimates that will be included in the final document as exhibits. Moses Lake Council Packet 8-27-19, Page 54 of 89 Fiscal and Policy Implications Some fiscal impacts may be necessary as there are some improvements that the City is needing to improve the overall utility system. Those improvements are not required for the development but are necessary for the future of the system. These costs will be reviewed and approved by staff and budgeted if necessary. Options Option Results • Approve the Agreement and Adopt the Ordinance as presented. Approve the Ordinance to allow the Developer Agreement and for City Manager to sign upon agreed costs by staff and developer. • Take no action This would come back to Council for further discussion. Staff Recommendation Staff recommends that the Moses Lake City Council adopt the Ordinance for approval of the Developer Agreement with Hayden Homes, LLC for Sagecrest Major Plat as presented. Attachments A. Ordinance B. Ordinance Exhibit A - Developer Agreement C. Vicinity Map Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Sagecrest Major Plat Development Agreement August 14, 2019 • Agreement Sagecrest Major Plat Developer Agreement August 14, 2019 Moses Lake Council Packet 8-27-19, Page 55 of 89 ORDINANCE NO. 2930 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, APPROVING THE HAYDEN HOMES, LLC DEVELOPMENT AGREEMENT REGARDING THE SAGECREST MAJOR SUBDIVSION Recitals: 1. The City is a noncharter optional code city incorporated under the laws of the State of Washington, with authority to enact laws and enter into development agreements to promote the health, safety, and welfare of its citizens; and 2. The City has the authority to enter into Development Agreements pursuant to RCW 36.70B.170 which provides: The Legislature finds that the lack of certainty of the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic cost of development; and, 3. Pursuant to RCW 36.70B.200, the City Council conducted a public hearing on August 27, 2019 for the proposed Development Agreement at its regularly scheduled meeting; and 4. The City and the Applicant have reached agreement regarding the terms and conditions of a Development Agreement related to the development of the Project, which Development Agreement, together with its Exhibit A, is attached hereto and incorporated herein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Public Interest. The City Council for the City of Moses Lake, Washington finds, following a public hearing process, that it is in the public interest for the City of Moses Lake to approve the Development Agreement with Hayden Homes, LLC related to the Sagecrest Major Subdivision. Section 2. Development Agreement Approved. The City Council for the City of Moses Lake hereby approves the Hayden Homes, LLC Development Agreement (“Agreement”) related to the Sagecrest Major Subdivision attached hereto as Exhibit “A” and authorizes the City Manager to execute the Agreement substantially in the form attached and to take such other actions as may be necessary to effect this Agreement. Moses Lake Council Packet 8-27-19, Page 56 of 89 Section 3. Compliance with other law. Nothing in this Ordinance shall be construed as excusing the Applicant from compliance with all federal, state, or local statutes, ordinances, or regulations applicable to this development other than as expressly set forth herein. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Severability. Any provision of this ordinance or its application to any person, legal entity, or circumstance is held invalid, the remainder of the ordinance or its application to other persons, legal entities, or circumstances is not affected. Section 6. Effective Date. This ordinance shall be in full force and effect five (5) calendar days after adoption and publication pursuant to law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on August 27, 2019. ______________________________ Karen Liebrecht, Mayor ATTEST/AUTHENTICATED: ______________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: ______________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: August 30, 2019 Date Effective: September 5, 2019 Moses Lake Council Packet 8-27-19, Page 57 of 89 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Moses Lake PO Box 1579 Moses Lake, WA 98837 DEVELOPMENT AGREEMENT This development agreement (“Agreement”) is made and entered into this ___ day of _____________, 2019, between the City of Moses Lake (“City”), and Hayden Homes, LLC, a limited liability company organized under the laws of the State of Oregon (“Developer”). Recitals 1. RCW 36.70B.170 authorizes the execution of a development agreement between the local government and a person having ownership or control of real property within its jurisdiction. 2. RCW 36.70B.170 requires a development agreement to set forth the development standards and other provisions that shall apply to govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. The purpose of this Agreement is to recognize and vest the development standards and other provisions specified below that apply to and govern development and use of the Property. 3. For the purposes of this Agreement, “development standards” includes but is not limited to all of the development standards listed in RCW 36.70.B.170(3) as currently enacted or as hereafter amended. 4. This Agreement by and between the City and the Developer relates to the development known as Sagecrest Major subdivision which is located at ________________________. 5. The following events have occurred in the processing of the Developer’s major plat application: 5.1. A public hearing on the preliminary plat application for the major subdivision was held by the Planning Commission on May 23, 2019. The planning commission's decision recommending approval of the major subdivision was also issued on May 23, 2019. 5.2 Following a public hearing on August 27, 2019 pursuant to RCW 36.70B.200, the City Council approved Ordinance No. _______ _____ authorizing the Mayor to execute this Agreement with the Developer. AGREEMENT Moses Lake Council Packet 8-27-19, Page 58 of 89 The parties agree as follows: General Provisions Section 1. The project. The project is the development and use of the property consisting of the major subdivision of 84 residential lots on approximately 21.41 acres in the R-1 Zone. The property is currently within the City’s incorporated limits. The subdivision will be served by City sanitary sewer, stormwater, City Water, and city streets. Streets and utilities will be extended and constructed in conformance with Public Works design standards consistent with the provisions of this Development Agreement. Section 2. The subject property. The project site is described in Exhibit A which is attached hereto and incorporated herein by this reference, and herein will be referred to as the “Property”. Section 3. Definitions. 3.1 “City Manager” means the City Manager of the City of Moses Lake. 3.2 “Adopting Ordinance” means the Ordinance which approves this Agreement, as required by RCW 36.70B.200. 3.3 “Budget” means the agreed budget and cost-share as identified in the attached Exhibit “B” which is attached hereto and incorporated herein by this reference. Changes, amendments, or revisions to the budget and cost-share must be mutually agreed upon in writing and signed by all parties to this Agreement. 3.4 “Certificate of Occupancy” means either a certificate issued after inspections by the City authorizing a person or persons in possession of property to dwell or otherwise use a specified building or dwelling unit, or the final inspection if a formal certificate is not issued. 3.5 “Cost of Construction” means the actual cost of construction including, but not limited to: Mobilization; Dewatering; Unsuitable Soils Removal; Imported Materials; Soil Stabilization; Erosion Control; and Installation and Materials related to the Road and Utility Installation. 3.6 “Council” means the duly elected legislative body governing the City of Moses Lake. 3.7 “Design Standards” means the City of Moses Lake Community Development standards as adopted by the City and dated August 14, 2018 by Resolution 3736. 3.8 “Effective Date” means the effective date of the Adopting Ordinance, subject to full satisfaction of the requirements of Section 25 herein. 3.9 “Existing Land Use Regulations” means the ordinances adopted by the City of Moses Lake in effect on the Effective Date, including the adopted ordinances that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards, and specifications applicable to the Moses Lake Council Packet 8-27-19, Page 59 of 89 development of the Property, including, but not limited to, the Comprehensive Plan, the City's Official Zoning Map and development standards, the Public Works Construction Standards, SEPA, and all other ordinances, codes, rules, and regulations of the City establishing subdivision standards, codes, rules, and regulations of the City establishing subdivision standards, park regulations and building standards. “Existing Land Use Regulations” do not include non-land use regulations, which include tax and impact fees. 3.10 “Landowner” is the party who has acquired any portion of the Property from the Developer who, unless otherwise released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement. The “Developer” is identified in the section 5 of this Agreement. 3.11 “Minor Modifications” means changes to this Agreement which do not require public notice and hearing prior to implementation but which do require administrative approval. The parties otherwise agree that a Minor Modification is one which does not change the beneficial use of the Property. 3.12 “Project” means the anticipated development of the Property, as identified in Sections 1 and 2 above, and as provided in all associated permit/approvals, and all incorporated exhibits. Section 4. Exhibits. Exhibits to this Agreement are as follows: 4.1 Exhibit “A”: Sagecrest Preliminary Plat Map. 4.2 Exhibit B. Estimated City Cost. Section 5. Parties to the Development Agreement. The parties to this Agreement are: 5.1 The “City” is the City of Moses Lake, 421 East Balsam Avenue, Moses Lake, WA 98837. 5.2 The “Developer” is Hayden Homes, LLC, an Oregon Limited Liability Company which is a private enterprise which will own the Property in fee, and whose mailing address is 2464 SW Glacier Place, Suite 110, Redmond, OR 97756 5.3 The “Landowner”. From time to time, as provided in this Agreement, the Developer may sell or otherwise lawfully dispose of any portion of the Property to a Landowner who, unless otherwise released, shall be subject to the applicable provisions of this Agreement related to such Property. Section 6. Project is a Private Undertaking with the City of Moses Lake Cost-Share for Street and Utility Improvements as Identified Herein. It is agreed between the parties that the Project is a private development and that the City will enter into a Cost-Share Agreement with the Developer; and that the City has no interest therein except as authorized in the exercise of the governmental functions and this Agreement. The parties have agreed to the Moses Lake Council Packet 8-27-19, Page 60 of 89 scope of work and cost-share as stipulated and identified in Sections 13 and 14 and as identified in the attached Exhibit “B”. Section 7. Term of the Agreement. This Agreement shall commence on the Effective Date of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of seven (7) years unless otherwise extended or terminated as provided for herein. Following the expiration of the term or any extension thereof, or if sooner terminated, this Agreement shall have no force and effect, subject however, to any surviving post-termination obligations of the Developer or Landowner. This Agreement shall be recorded with the Grant County Auditor. Section 8. Vested Rights of Developer. During the term of this Agreement, unless sooner terminated in accordance with the terms hereof, and developing the Subject Property consistent with the project described herein, Developer is assured, and the City agrees, that the development rights, obligations, terms and conditions specified in this Agreement (in regards to the Project described herein), are fully vested in the Developer. Said development rights obligations, terms, and conditions may not be changed or modified by the City, except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, including the exhibits hereto, or as expressly consented thereto by the Developer. Section 9. Permitted Uses and Development Standards. The permitted uses, the density and intensity of the use, the maximum height and size the proposed buildings, provisions for reservations and dedications of land or payment of fees in lieu of dedication for public purposes, the construction, installation, and extension of public improvements, development guidelines and standards for the development of the Property, shall be those set forth in (a) this Agreement, (b) the City of Moses Lake Municipal Code, the City's official design standards and construction standards (except to the extent they conflict with this Agreement), (c) the Ordinance approved by the City Council, (d) the approvals identified herein and the Council's decision, and (e) all exhibits incorporated herein. Section 10. Minor Modifications. Minor modifications from the approved permits or the exhibits attached hereto may be approved in accordance with the provisions of the City’s Code, and shall not require an amendment to this Agreement. Section 11. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of additional permit application under SEPA. Nothing in this Agreement shall be construed to limit the authority or obligation of the City to hold legally required public hearings, or to limit the discretion of the City and its officers or officials in complying with or applying Existing Land Use Regulations. Section 12. Existing Land Use Fee. Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement may be increased from time to time. Such increased land use fees may apply to permits and approvals for the Property, as long as such fees may apply to similar applications and projects in the City. Section 13. Hanson Road improvement. Moses Lake Council Packet 8-27-19, Page 61 of 89 13.1 The City and the Developer have agreed to delay the sewer improvements along Hansen Road at this time. The Developer will not be utilizing sewer along Hansen Road, however the City’s Existing Land Use Standards require extension of utilities to the end of the Property. The neighboring property is currently working on a design for development and may not see the need for connections along Hansen Road. This could affect the need for this extension. However, the Developer will be required to build the Hansen Road sewer extending the mainline to the plat boundaries, or provide sewer stubs at locations and elevations approved by the adjacent property owner/developer. These improvements or agreement will be required to be in place prior to final plat approval of Sagecrest II. 13.2 The City and the Developer have agreed that Developer is to design for full secondary street standard improvements on Hansen Road, including but not limited to curb, gutter and sidewalk. The Developer is responsible for paying their proportionate share of the cost for half street improvements. The Developer is responsible and will pay their proportionate share of the cost for half street improvements as agreed upon and as identified in the attached Exhibits. Section 14. Westshore Drive Improvements. 14.1 The City and the Developer have agreed that the Developer will construct Westshore Drive to the tertiary street standards, including but not limited to curb, gutter, and sidewalk. The City will reimburse the Developer for the half street improvements as identified in the attached Exhibits. 14.2 The City would like to increase the size of the sewer main to an 18” line and put in new water line along Westshore Drive prior to the developer making improvements to Westshore Drive. To not delay the project, the Developer agrees to make those improvements and will be reimbursed by the City unless in that time the City completes the improvements prior to the street improvements. 14.3 The City and Developer have agreed that the Developer will be required to install a ten foot (10”) concrete path with landscaping along the east side of Westshore Drive to meet the Developer’s park requirement. This will allow pedestrian access from the Development to Blue Heron Park. The area will be from Cove West Drive north to the end of the development at Hansen Road. 14.4 The City has agreed to waive the improvements of sidewalks along the subdivision side of Westshore Drive for the purpose of keeping the pedestrian traffic on the proposed pedestrian access on the lake side of Westshore Drive. 14.5 The City and Developer have agreed that the improvements along Westshore Drive shall be begin during the construction of Sagecrest II but will be complete with Sagecrest III. The amounts set forth above reflects the parties' best estimates of the amount that may be required to design and construct the improvements described in Sections 13 and 14, and the allocation of these amounts to be paid by Developer. Actual amounts reimbursable under this Agreement shall be based on actual work performed and made pursuant to Moses Lake Council Packet 8-27-19, Page 62 of 89 reimbursement provisions contained herein. In no event shall the City be paid for costs that are not documented pursuant to the requirements of this Agreement. Section 15. Testing. Materials testing is the responsibility of the Developer’s contractor. Testing will be in conformance with the standard testing procedures in conformance with adopted City, WSDOT, and AASHTO standards. Section 16. Default. 16.1 Subject to extensions of time by mutual consent in writing, failure or delay by either party or Landowner not released from this Agreement, to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party or Landowner notice of the default in writing, specifying the nature of the alleged default and manner in which set default may be cured. For thirty (30) days after delivery of the default notice, the party or Landowner charged shall not be considered in default for purposes of termination or institution of legal proceedings. 16.2 After notice of default and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in a manner set forth in the notice, the other party or Landowner to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City's Code, and to recover penalties, fees, and costs as provided in the City’s Code for violations or breaches of this Agreement and or the City’s code. Section 17. Termination. This Agreement shall expire end or terminate as provided below: 17.1 This Agreement shall expire and be of no further force and effect if the development contemplated in this Agreement and all the permits and/or approvals issued by the City for such Development are not substantially underway prior to expiration of such permits and/or approvals. Nothing in this Agreement shall extend the expiration date of any permit or approval issued by the City for any development of the Property. 17.2 This Agreement shall expire and be of no further force and effect if the Developer does not construct the Project as contemplated by the permit and approvals identified in this Agreement, and/or submits application for development of the Property that are inconsistent with such permits and approvals. 17.3 This Agreement shall terminate upon either (a) the expiration of the term identified in section 7, or (b) when the Property has been fully developed, whichever first occurs, and all the Developer’s obligations in connection therewith are satisfied as determined by the City. Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the County that the Agreement has been terminated. This Agreement shall automatically terminate and be of no further force and effect as to any dwelling unit or non-residential building and the lot or parcel upon which such residence or building is located (except for design standards and Moses Lake Council Packet 8-27-19, Page 63 of 89 obligations to dedicate property to the City as set forth herein ), when it has been approved by the City for Occupancy. Section 18. Effect upon Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Property or any portion thereof shall not affect any of the Developer’s obligations to comply with (a) the City's Comprehensive Plan and the terms and conditions thereof, (b) any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the Property, or any other conditions of the development specified in the Agreement to continue after the termination of this Agreement or (d) obligations to pay assessments, liens, fees or taxes. Section 19. Effect of Termination on City. Upon termination of this Agreement as to the development of the Property, or any portion thereof, the entitlements, conditions of development, limitations of fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the Property affected by such termination, provided that vesting of such entitlements, conditions or fees may then be established for such Property pursuant to the existing planning and zoning laws. Section 20. Assignment and Assumption. The Developer shall have the right to sell, assign, or transfer this Agreement with all its rights, title, and interest therein to any person, firm, or corporation at the time during the term of this Agreement subject to the prior written approval of the City which shall not be unreasonably withheld. Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or a portion of the Property, at least 30 days in advance of such action. Section 21. Covenants Running with the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer, Landowner, and every purchaser, assignee, or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof, but only with respect to the Property, or such portion thereof, sold, assigned, or transferred to it. Any such purchaser, assignee, or transferee shall observe and fully perform all the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertaining to the portion of the Property sold, assigned, or transferred to it. Section 22. Amendments to Agreement: Effect of Agreement on Future Actions. This Agreement may be amended or extended by mutual consent of all parties, provided that any such Amendment shall be in writing and follow the process established by law for the adoption of a Development Agreement (see RCW 36.70B.200). However, nothing in the Agreement shall prevent the City from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map, Design Standards or development regulations affecting the Property during the next two years, as the City Council may deem necessary to the extent required by a serious threat to public health and safety. Section 23. Releases. Subject to prior written approval of the City, Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, Moses Lake Council Packet 8-27-19, Page 64 of 89 or transferred Property, provided that the buyer, assignee, or transferee expressly assumes the obligations under this Agreement as provided herein. Section 24. Notices. Notices, demands, and correspondence to the City and Developer shall be by pre-paid, first-class mail to the addresses of the parties as designated in Section 5. Notice to the City shall be to the attention of the City Manager. Notices to the subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new address for such notices, demands, or correspondence. Section 25. Reimbursements. 25.1 Reimbursement of Developer. No reimbursement shall be paid to the Developer until the Project is completed, accepted by the City Council, and the maintenance bond(s) is/are in place. Reimbursements will occur as funds are available. 25.2 Reimbursement for Agreement Expenses of the City. Developer agrees to reimburse the City for actual expenses incurred over and above fees paid by the Developer as an applicant incurred by the City directly relating to this Agreement, including recording fees, publishing fees, reviewing, processing, and administration fees and costs, and consultant costs not otherwise included within the application and or permit fees. This Agreement shall not take effect until all of the fees referenced in this section are paid in full to the City, which must be within thirty (30) days following presentment of the City’s invoice to Developer. Upon payment of all expenses, the Developer may request written acknowledgement from the City of satisfaction of all fees. Section 26. Applicable Law and Attorney's Fees. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs from the non-prevailing party. Venue for any action shall lie in the Superior Court of Grant County, Washington, or if the dispute involves violation of federal law, in the U.S. District Court of Eastern Washington. Section 27. Third Party Legal Challenge. In the event that any legal action or special proceeding is commenced by any third person or entity other than the parties to this Agreement challenging this Agreement or any provisions herein, the City may elect to tender the defense of such lawsuit or individual claimed in the lawsuit to Developer and/or Landowner(s). In such event, Developer and/or such Landowner, shall hold the City harmless from and shall defend and indemnify the City from and against all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, not including but limited to, attorney’s fees and expenses of litigation, and damages awarded to the prevailing party or parties of such litigation. The Developer and/or Landowner shall not settle any lawsuit without the prior written consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 28. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel Moses Lake Council Packet 8-27-19, Page 65 of 89 specific performance of all material terms of this Development Agreement by any party in default hereof. Section 29. Severability. If any portion of this Agreement, or the application of a portion, is determined unenforceable or unlawful by a court of competent jurisdiction, the remainder of the Agreement, or the application of the portion in question to the remainder of the Agreement, shall not be affected. Section 30. Construction. In the event of a dispute between the parties as to the meaning of terms, phrases or specific provisions of this Agreement, the authorship of this Agreement shall not be cause for the Agreement to be construed against any party nor in favor of any party. Section 31. Integration. This Agreement contains all terms of the Agreement between the parties. No other writings, communication, or representations are part of this Agreement. Section 32. Waiver. No provision of this Agreement shall be deemed to have been waived unless that waiver is in writing signed by the waiving party. Failure by any of the parties to insist upon the strict performance of any provision of this Agreement, or to exercise any right or remedy upon a breach, shall not constitute a waiver of the breach of that provision or of any other provision. A waiver of one provision of this Agreement shall not be deemed a waiver of any other provision of this Agreement or a waiver of that provision with respect to any subsequent breach, unless expressly provided in writing. Section 33. Authority. Each of the parties to this Agreement represents, warrants and covenants that he, she or it has the full power and authority to execute, deliver, and perform this Agreement, and that such execution, delivery and performance has been duly authorized. Each of the undersigned agents of the parties represents and warrants his or her authority to sign this Agreement on behalf of that party. Section 34. Counterparts. This Agreement may be executed in any number of counterparts, all of which when taken together shall constitute one agreement binding on all of the parties to the Agreement, notwithstanding that all such parties are not signatories to the same counterpart. The parties hereto have caused this Agreement to be executed on the dates set forth below. OWNER/DEVELOPER: Hayden Homes, LLC By: ______________________________________ Date: _______________________ STATE OF WASHINGTON COUNTY OF _________________ Moses Lake Council Packet 8-27-19, Page 66 of 89 I certify that I know or have satisfactory evidence that__________________________ signed this instrument, on oath stated that he/she was authorized to execute the instrument as __________________ for _____________________________ and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: ____________________, 2019 ____________________________________ Notary Public for Washington State My commission expires________________ CITY OF MOSES LAKE: By: _______________________________________ Date: ______________________ Karen Liebrecht, Mayor STATE OF WASHINGTON COUNTY OF GRANT I certify that I know or have satisfactory evidence that__________________________ signed this instrument, on oath stated that he/she was authorized to execute the instrument as __________________ for _____________________________ and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: ____________________, 2019 ____________________________________ Notary Public for Washington State My commission expires________________ APPROVED AS TO FORM: __________________________________ Katherine Kenison, City Attorney Moses Lake Council Packet 8-27-19, Page 67 of 89 Subject Property SAGECREST PLAT VICINITY MAP Moses Lake Council Packet 8-27-19, Page 68 of 89 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Kris Robbins, Community Development Director Date: August 22, 2019 Proceeding Type: New Business Subject: Sagecrest Major Plat I, II, & III Preliminary Approval Legislative History: • First Presentation: August 27, 2019 • Second Presentation: • Requested Action: Motion Staff Report Summary Sagecrest Major Plat I, II and III submitted by Hayden Homes, LLC was reviewed by the Planning Commission on June 13, 2019. The Commission recommends the City Council approve the preliminary plats based on the attached Findings of Fact. Background Sagecrest Major Plat I, II and III is an 84-lot subdivision on 21.14 acres and is located along Hansen Road and Westshore Drive. The preliminary plat approval will provide Moses Lake an additional single-family housing development. Fiscal and Policy Implications None Options Option Results • Approve Sagecrest Major Plat I, II and III for Preliminary Plat as presented. Hayden Homes, LLC will be able to move forward in the platting process for Sagecrest Major Plat I, II and III. • Take no action The plat cannot move forward. Moses Lake Council Packet 8-27-19, Page 69 of 89 Staff Recommendation Staff recommends that the Moses Lake City Council approve the preliminary plat of Sagecrest I, II and III as presented. Attachments A. Findings of Fact B. Sagecrest Plat Map & Site Plan Legal Review – None Moses Lake Council Packet 8-27-19, Page 70 of 89 Moses Lake Council Packet 8-27-19, Page 71 of 89 Moses Lake Council Packet 8-27-19, Page 72 of 89 Moses Lake Council Packet 8-27-19, Page 73 of 89 Moses Lake Council Packet 8-27-19, Page 74 of 89 Moses Lake Council Packet 8-27-19, Page 75 of 89 Moses Lake Council Packet 8-27-19, Page 76 of 89 Moses Lake Council Packet 8-27-19, Page 77 of 89 Moses Lake Council Packet 8-27-19, Page 78 of 89 Moses Lake Council Packet 8-27-19, Page 79 of 89 Moses Lake Council Packet 8-27-19, Page 80 of 89 Moses Lake Council Packet 8-27-19, Page 81 of 89 Moses Lake Council Packet 8-27-19, Page 82 of 89 Moses Lake Council Packet 8-27-19, Page 83 of 89 Moses Lake Council Packet 8-27-19, Page 84 of 89 Moses Lake Council Packet 8-27-19, Page 85 of 89 Moses Lake Council Packet 8-27-19, Page 86 of 89 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Cindy Jensen, Finance Director Date: August 20, 2019 Proceeding Type: New Business Subject: Resolution establishing a City Council Finance Committee Legislative History: • First Presentation: • Second Presentation August 27, 2019 • Requested Action: Motion Staff Report Summary The proposed Resolution will establish a Finance Committee made up of three Council Members appointed by the Mayor and confirmed by the Council. The appointments or reappointments will be made each January of even numbered years. Background Staff presented an ordinance to amend the process in the Municipal Code to process claims checks more efficiently. By establishing a Finance Committee, three Council Members would review the claim checks in advance of the meeting and bring any concerns to the whole Council during the regular meetings. Fiscal and Policy Implications Preparing the extensive list of claims every Council meeting takes more resources for the Accounts Payable Clerk and delays the City Clerk from completing the packet process. The change will give both employees a more efficient process and the ability to reassign this time to other job duties. Moses Lake Council Packet 8-27-19, Page 87 of 89 Options Option Results • Adopt the Resolution Create a more efficient process for reporting claims payments to City Council • Modify the Resolution Provide specific changes • Do not adopt the Resolution Maintain the same cumbersome system of approving claims Staff Recommendation Staff recommends City Council adopt the resolution as presented. Attachments A. Resolution Amending Council Rules of Governance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Resolution Finance Committee 08/20/2019 Moses Lake Council Packet 8-27-19, Page 88 of 89 RESOLUTION NO. 3777 A RESOLUTION OF THE CITY OF MOSES LAKE, WASHINGTON, AMENDING RESOLUTION NO. 3597 ADOPTING A GOVERNANCE COORDINATION MANUAL ESTABLISHING COUNCIL RULES OF PROCEDURE Recitals: 1. RCW 35A.12.120 authorizes the Council to determine its own rules and order of business. 2. Resolution 3597 was adopted March 8, 2016 and amended by Resolutions 3602 and 3605 the following month. Resolved: 1. The following addendum to Article 3 – Committees, Boards & Commissions: Council Finance Committee This committee consists of three (3) Council Members appointed by the Mayor and confirmed by the City Council to serve for two-year terms concurrent with Council election years. The Finance Committee has no prescribed duties except the bills and payroll procedures as required by state law, unless specifically charged by the City Council. The City Manager and Finance Director provide administrative support to the Finance Committee. 2. This resolution hereby adopts the amended Council Governance Coordination Manual. ADOPTED by the City Council on August 27, 2019. ________________________________________ Karen Liebrecht, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 8-27-19, Page 89 of 89