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2019 1022 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 Moses Lake Civic Center – 401 S. Balsam Executive Session October 22, 2019, 5:30 PM Executive Session – 5:30 p.m. Pursuant to RCW 42.30.110(g) to Evaluate Qualifications for Public Employment Regular Meeting Agenda October 22, 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 Grant County Economic Development Council – Brant Mayo, Executive Director 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 October 8, 2019 b.Claims and Payroll c.Fireworks MLMC Title 8.04 Clean Up Ordinance 2932 d.Repeal Clover Drive Vacate Ordinance 2933 Moses Lake Council Packet 10-22-19, Page 1 of 85 October 22, 2019, City Council Meeting – Page 2 Consent Agenda Continued: e.Request to Build on Unplatted – Schreiner Resolution 3777 f.Set Public Hearing for 2020 Property Tax and Budget g.Set Public Hearing for Right of Way Vacate Request Resolution 3778 h.Authorize Change Order No. 1 for Well 28 Repairs i.LTAC Application Request for Visitor’s Center Old Business #2 pg 70 Solid Waste Franchise Discussion Presented by Cindy Jensen, Finance Director Summary: Discussion and provide direction to staff New Business #3 pg 72 Annual Code Clean Up Ordinance – First Presentation Presented by Kevin Fuhr, Interim City Manager Summary: Council to review and consider adoption at the next meeting #4 pg 77 Speed Limit Amendment Ordinance – First Presentation Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and consider adoption at the next meeting Administrative Reports Council Communications and Reports Adjournment Moses Lake Council Packet 10-22-19, Page 2 of 85 MOSES LAKE CITY COUNCIL October 8, 2019 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 Myers, Leonard, Riggs, and Hankins. Absent: Council Member Jackson. Action taken: Council Member Hankins moved to excuse Council Member Jackson, second by Deputy Mayor Curnel. The motion carried 6 – 0. PLEDGE OF ALLEGIANCE Former Mayor/Council Member Todd Voth led the Council in the Pledge of Allegiance. SUMMARY REPORTS MAYOR’S REPORT Grant County Economic Development Council Appointment Mayor Liebrecht recommended appointment of Community Development Director Kris Robbins to the Grant County EDC. Action taken: Deputy Mayor Curnel moved to affirm the appointment, second by Council Member Leonard. The motion carried 6 – 0. ADDITIONAL BUSINESS Stratford Road Water Main Replacement Council Member Leonard requested an update on the project and plans to mitigate current congestion. Municipal Services Director Fred Snoderly will be checking on the timing of signal lights tomorrow and will have staff send out a public service announcement on the project status. CITY MANAGER’S REPORT Budget Summary Interim City Manager Kevin Fuhr noted that the first draft documents were prepared by Finance Director Cindy Jensen and distributed to Council at the meeting. More will come on this topic tonight during administrative reports. CONSENT AGENDA #1 a. City Council meeting minutes dated September 24, 2019b.Claim Checks 145284 through 145569 in the amount of $2,167,971.93; Payroll checks 63158 through 63175 in the amount of $18,684.20; and Electronic Payroll Moses Lake Council Packet 10-22-19, Page 3 of 85 CITY COUNCIL MINUTES – October 8, 2019 pg. 2 Payments dated October 4 in the amount of $383,645.90 Action taken: Council Member Leonard moved to approve the Consent Agenda as listed, second by Deputy Mayor Curnel. The motion carried 6 – 0. NEW BUSINESS #2 Fire Impact Fee Ordinance Discussion The study in the meeting packet was updated to break out the costs for medical facilities into three subcategories. Staff also provided a sample regulation from the City of Auburn for Council to comment on before preparing an actual ordinance for adoption. Mark Fancher, Kieran Sprague, Dustin Swartz, and Doug Robbins provided comments to Council regarding the proposed regulations. Council requested staff to provide additional information on an alternative sales tax, fire and maintenance operations levy, and an explanation of the results for exemptions cited by RCW 82.02.060(2). #3 Larson Rec Center Funding Staff provided the financing plan in the meeting packet and sought approval from Council to continue the design and bid process for the new building, as well as continuing the process to pursue financing through the state’s LOCAL program. Action taken: Council Member Leonard moved to have engineering move to the next step in the Larson Rec Center project and to have architects provide an estimated cost for the office remodel for the Police Department, second by Council Member Hankins. The motion carried 6 – 0. #4 Grant County Conservation District (GCCD) Funding The GCCD is funded by one of two options: a $4.96 annual fee on every parcel within the City of Moses Lake that would generate nearly $47k or an Interlocal Agreement which the City would negotiate a price and pay the GCCD directly for services. In order for the GCCD to collect the $4.96 from each parcel, the proposal would need to be put on a ballot and voted on by the citizens of Moses Lake. Chuck Perry provided comments on joining the GCCD. Action taken: Council Member Hankins moved to have staff prepare an Interlocal Agreement for a period of one year with a clause requiring GCCD to provide a report after the first six months on the progress to do actual research on solutions to clean up the lake, second by Council Member Leonard. The motion carried 6 – 0. #5 Lodging Tax Funding – Chamber of Commerce Application The LTAC members originally recommended $10k in funding for a Visitor Information Center for 2020 and the Council requested additional research prior to approving. Staff met with Chamber of Commerce Director Debbie Doran-Martinez. Both parties agreed that the Parks and Recreation Department would take over the Visitor Center function in the City if the funding could be allocated to them. Action taken: Council Member Riggs moved to have the LTAC members meet (within 45 days) to consider the allocation of funds to Parks, second by Council Member Hankins. The motion carried 6 – 0. Moses Lake Council Packet 10-22-19, Page 4 of 85 CITY COUNCIL MINUTES – October 8, 2019 pg. 3 NEW BUSINESS #6 Fireworks MLMC Title 8.04 Clean Up Ordinance – First Presentation Changes will eliminate conflicting regulations listed in this chapter, there are no regulatory changes. First presentation of the ordinance. No action taken. #7 Repeal Clover Drive Vacate Ordinance – First Presentation Staff determined that the area requested for vacation was not dedicated right-of-way, but a grant of easement for the purpose of roadway. First presentation of the ordinance. No action taken. #8 Solid Waste Franchise Discussion Council formed a subcommittee for the Franchise renewal process and were tasked with reviewing a draft proposal from our current Solid Waste contracted hauler, Lakeside Disposal, as well as a proposal from the other local hauler, Consolidated Disposal Services, Inc. (CDSI). A comparison of the two proposals was distributed at the meeting which did not include costs of utility taxes and tipping fees. Six persons provided support toward Lakeside’s proposal and two persons provided support toward CDSI’s proposal. Council concluded that the process has turned from a proposal and qualification review to more of an interview process. Mayor Liebrecht called a recess at 9:00 p.m. and reconvened the meeting at 9:07 p.m. Council requested staff obtain references from the Mayor and billing offices of the other entities CDSI serves as well as recipients of their philanthropy. ADMINISTRATIVE REPORTS Interim City Manager Kevin Fuhr announced that Prothman received 29 applications for the City Manager position. Council will meet in Executive Session at 5:30 p.m. on October 22 to evaluate qualifications of the top candidates selected by Prothman. He also advised that Department Directors held their annual budget meeting this morning and the report distributed earlier included their 2020 funding requests along with estimated ending fund balances for 2019. The report will be updated to include financial decisions made this evening prior to the Council’s budget retreat on Saturday, October 26. COUNCIL COMMUNICATIONS AND REPORTS Deputy Mayor Curnel encourages everyone to get a flu shot this year due to the CDC’s prediction of an early and bad flu season. Mayor Liebrecht attended a Grant County Sister City Dinner last week. A new organization has formed called Bridges that will be connecting all of the regional sister city programs. They will be requesting an appointment from the Moses Lake City Council to serve on their board in the near future. Moses Lake Council Packet 10-22-19, Page 5 of 85 CITY COUNCIL MINUTES – October 8, 2019 pg. 4 ADJOURNMENT The regular meeting was adjourned at 9:27 p.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 10-22-19, Page 6 of 85 To: Kevin Fuhr, Interim City Manager From: Cindy Jensen, Finance Director Council Meeting Date: October 22, 2019 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 145570 - 145719 $873,991.49 Payroll Checks 0063176 - 00631 93 $21,027.59 Electronic Payments Payroll ACH -10/18/2019 $406,035.79 Summary RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place. Moses Lake Council Packet 10-22-19, Page 7 of 85 Moses Lake Council Packet 10-22-19, Page 8 of 85 Moses Lake Council Packet 10-22-19, Page 9 of 85 Moses Lake Council Packet 10-22-19, Page 10 of 85 Moses Lake Council Packet 10-22-19, Page 11 of 85 Moses Lake Council Packet 10-22-19, Page 12 of 85 Moses Lake Council Packet 10-22-19, Page 13 of 85 Moses Lake Council Packet 10-22-19, Page 14 of 85 Moses Lake Council Packet 10-22-19, Page 15 of 85 Moses Lake Council Packet 10-22-19, Page 16 of 85 Moses Lake Council Packet 10-22-19, Page 17 of 85 Moses Lake Council Packet 10-22-19, Page 18 of 85 Moses Lake Council Packet 10-22-19, Page 19 of 85 Moses Lake Council Packet 10-22-19, Page 20 of 85 Moses Lake Council Packet 10-22-19, Page 21 of 85 Moses Lake Council Packet 10-22-19, Page 22 of 85 Moses Lake Council Packet 10-22-19, Page 23 of 85 Moses Lake Council Packet 10-22-19, Page 24 of 85 Moses Lake Council Packet 10-22-19, Page 25 of 85 Moses Lake Council Packet 10-22-19, Page 26 of 85 Moses Lake Council Packet 10-22-19, Page 27 of 85 Moses Lake Council Packet 10-22-19, Page 28 of 85 Moses Lake Council Packet 10-22-19, Page 29 of 85 Moses Lake Council Packet 10-22-19, Page 30 of 85 Moses Lake Council Packet 10-22-19, Page 31 of 85 Moses Lake Council Packet 10-22-19, Page 32 of 85 Moses Lake Council Packet 10-22-19, Page 33 of 85 Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Debbie Burke, City Clerk Date: October 10, 2019 Proceeding Type: Consent Agenda Subject: Fireworks Regulation Code Clean Up Ordinance Legislative History: • First Presentation: October 8, 2019 • Second Presentation: October 22, 2019 • Action: Motion Staff Report Summary The new position of City Clerk has been tasked with cleaning up conflicting sections in the Municipal Code. Due to the number of corrections needed within MLMC 8.04 Title Fireworks, a stand-alone document has been drafted for Council approval. Background Nine ordinances have been presented to Council regarding fireworks regulations since 1940. These ordinances were not codified correctly and the existing content is conflicting with inconsistent penalties. Fiscal and Policy Implications No fiscal impact. Options Option Results • Adopt the Ordinance MLMC 8.04 will be clear with consistent penalties. • Take no action. The Code will be unclear and have inconsistent penalties. Moses Lake Council Packet 10-22-19, Page 34 of 85 Page 2 of 2 Staff Recommendation Staff recommends the City Council consider adoption of the ordinance as presented. Attachments A. Draft Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Fireworks Regulations September 16, 2019 Moses Lake Council Packet 10-22-19, Page 35 of 85 ORDINANCE NO. 2932 AN ORDINANCE MODIFYING AND REPEALING CONFLICTING CONTENT OF MOSES LAKE MUNICIPAL CODE SECTION 8.04 TITLED “FIREWORKS” Whereas, RCW 70.77 governs the regulation of fireworks and allows local jurisdictions to adopt regulations that are more restrictive; and, Whereas, Ordinances 23A, 132, 642, 1111, 1677, 2092, 2255, 2592 and 2683 have amended the fireworks regulations since 1940; and, Whereas, these ordinances were adopted without showing legislative mark up; and, Whereas, these ordinances were adopted without repealing conflicting content or amending the penalty sections for newly established subsections. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Subsections 8.04.010, 8.04.030 and 8.04.035 of the MLMC are hereby repealed. Section 2. The remaining 8.04 Sections are amended in accordance with Exhibit A. Section 3. 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 4. 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 October 22, 2019. _____________________________________ Karen Liebrecht, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 10-22-19, Page 36 of 85 APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: October 28, 2019 Date Effective: November 2, 2019 Moses Lake Council Packet 10-22-19, Page 37 of 85 Ch. 8.04 Fireworks | Moses Lake Municipal Code Page 1 of 2 The Moses Lake Municipal Code is current through Ordinance 2928, passed July 23, 2019. Ordinance Exhibit A Chapter 8.04 FIREWORKS Sections: 8.04.010 Permit Required for Sales - Application.(repealed and replaced with former 8.04.037) 8.04.020 Public Display of Fireworks- Employee Compensation Insurance - Liability Insurance. 8.04.030 Discharge of Fireworks. (repealed and replaced with former 8.04.038) 8.04.035 Prohibition of New Year’s Eve Fireworks. 8.04.01037 Sale of Fireworks Prohibited. 8.04.0308 Discharge of Fireworks. 8.04.04039 Lighting and/or Releasing Sky Lanterns. 8.04.0540 Penalty for Violations. 8.04.020 Public Display of Fireworks- Employee Compensation Insurance - Liability Insurance: It is unlawful for any person, firm, corporation, or association to put on a public display of fireworks or discharge special fireworks unless a permit to do so has been issued by the city pursuant to the authority stated in RCW 70.77.260. The applicant for a permit for a public display of fireworks shall, at the time of submit an application and fee, with submit histhe state issued permit license for inspection, and furnish proof that he carries compensation insurance for his employees as provided by the laws of the state, and he shall file with the Chief of the Fire Department a certificate of insurance in the minimum amount of five hundred thousand dollars combined single limit covering bodily injury liability, property damage liability, including products liability, premises liability and contractual liability, with the applicant named as insured therein and which shall also name, as additional insured parties, the city, its officers and employees acting in their capacity as agents of the city. (Ord. 1111, 1983; Ord. 642, 1972) 8.04.01037 Sale of Fireworks Prohibited: It is unlawful for any person to offer for sale at retail or wholesale, or to sell at retail or wholesale any fireworks within the City of Moses Lake after June 27, 2007. (Ord. 2255, 5/9/06) 8.04.0308 Discharge of Fireworks: It is unlawful for any person to discharge any fireworks including, but not limited to, those defined and referred in RCW 70.77 within the City of Moses Lake after June 26, 2007, unless a permit for a public display of fireworks has been granted by the City pursuant to Moses Lake Municipal Code 8.04.020. (Ord. 2255, 5/9/06) Moses Lake Council Packet 10-22-19, Page 38 of 85 Ch. 8.04 Fireworks | Moses Lake Municipal Code Page 2 of 2 The Moses Lake Municipal Code is current through Ordinance 2928, passed July 23, 2019. 8.04.04039 Lighting and/or Releasing Sky Lanterns: The lighting and/or releasing of sky lanterns or like material shall be prohibited in the City of Moses Lake. “Sky lantern” is defined as a miniature, unmanned air balloon that relies upon an open flame as a heat source to heat the air inside the lantern with the intention of causing it to lift into the atmosphere. A sky lantern is typically made of rice paper or flame resistant paper with a fuel cell in the opening. (Ord. 2683, 6/11/13) 8.04.0540 Penalty for Violations: Failure to comply with any provision of this chapter shall subject the violator to the C-7 following penalties as they are defined in Chapter 1.08 of this code.: Violation Penalty Failure to obtain permit required for sales (8.04.010) C-7 Failure to obtain permit for public display (8.04.020) C-7 Failure to obtain permit for public display (8.04.020) C-7 Discharging fireworks and pyrotechnics (8.04.030) C-7 Sale and Discharge of Fireworks on New Year’s Eve (8.04.035) C-7 Lighting and/or releasing sky lanterns (8.04.039) C-7 (Ord. 2683, 6/11/13; Ord. 1677, 1995; Ord. 1111, 1983) Moses Lake Council Packet 10-22-19, Page 39 of 85 Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Kris Robbins, Community Development Director Date: October 10, 2019 Proceeding Type: Consent Agenda Subject: Repeal Ordinance 2923 – Clover Drive Vacation Legislative History: • First Presentation: October 8, 2019 • Second Presentation: October 22, 2019 • Requested Action: Motion Staff Report Summary The Community Development Department has been working with the consultants on the Desert Point No. 3 Plat that is located adjacent to the Clover Drive area that has been in previous discussions with the Council. Background In April of 2019, the developers had provided a request to vacate a portion of right-of-way to the Council. This was approved and an ordinance was adopted. While working on the development, staff concurred with the developers that the area that was requested to be vacated was not dedicated right-of-way but a grant of easement. This means that the process for the right-of-way vacation is no longer valid. Therefore, staff is requesting to repeal Ordinance 2923 vacating that portion of Clover Drive. This will alleviate the issues with their project moving forward. Fiscal and Policy Implications None. Options Option Results • Consider the repealing of Ordinance 2923 as presented. The staff will cease the process for vacating. • Take no action This would come back to Council for further discussion. Moses Lake Council Packet 10-22-19, Page 40 of 85 Page 2 of 2 Staff Recommendation Staff recommends that the Moses Lake City Council consider the request and adopt the ordinance as presented. Attachments A. Ordinance 2923 –Original Vacation of Clover Drive B. Ordinance – Repealing Ordinance 2923 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Repeal Ordinance 2923 Moses Lake Council Packet 10-22-19, Page 41 of 85 Moses Lake Council Packet 10-22-19, Page 42 of 85 Moses Lake Council Packet 10-22-19, Page 43 of 85 ORDINANCE NO. 2933 AN ORDINANCE REPEALING ORDINANCE NO. 2923 VACATING A PORTION OF CLOVER DRIVE RIGHT-OF-WAY WHEREAS, the City Council of the City of Moses Lake has the ability to vacate right-of-way through the process within RCW 35.79; and WHEREAS, the City Council followed the required process for vacating a portion of Clover Drive; and WHEREAS, the City has not been compensated for one half the purchase price for the vacated property and is not yet effective; and WHEREAS, the City staff have determined that the area requested for vacation was not dedicated right-of-way but a grant of easement for the purpose of roadway. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Ordinance 2923 vacating a portion of Clover Drive is hereby repealed. Section 2. 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 October 22, 2019. _____________________________________ Karen Liebrecht, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 10-22-19, Page 44 of 85 APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: October 28, 2019 Date Effective: November 2, 2019 Moses Lake Council Packet 10-22-19, Page 45 of 85 Page 1 of 3 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Kris Robbins, Community Development Director Date: October 17, 2019 Proceeding Type: Consent Agenda Subject: Build on Unplatted Property- Schreiner Legislative History: • First Presentation: October 22, 2019 • Second Presentation: • Requested Action: Motion Staff Report Summary The Community Development Department has received a request from Mike Schreiner to build on an unplatted property, parcel number 110131000, 312 Nelson Road. The proposal is to construct a single-family residence at this location. Background A building permit cannot be issued on unplatted property in accordance with MLMC 16.02.040 unless the City Council finds that the public interest will not be adversely affected by the issuance of such a permit. 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 residence 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 10-22-19, Page 46 of 85 Page 2 of 3 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 # 3777 B. Proponent Request & Map Legal Review – N/A Moses Lake Council Packet 10-22-19, Page 47 of 85 Page 3 of 3 RESOLUTION NO. 3777 A RESOLUTION ALLOWING MICHAEL SCHREINER 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. Michael Schreiner has requested the City Council to allow him to build on unplatted property he owns and described as follows: POR SESE 22 19 28 That portion of the Southeast quarter of the Southeast quarter of Section 22, Township 19 North, Range 28 East, W.M., Grant County, Washington, as delineated and described on the Boundary Line Adjustment Record of Survey drawing prepared by Western Pacific Engineering and Survey, Inc., dated May 2016, and as described as follows: Commencing at a United States Bureau of Reclamation Brass Cap monument accepted as the Southeast corner of said Section 22, said monument bears South 89°49'24" East, coincident with the South boundary of the Southeast quarter of said Section, a distance of 279.97 feet from an encased one and one half inch brass cap; thence North 89°49'24" West, coincident with said South boundary line, a distance of 150.00 feet to the Southwest plat corner of Broad Ripple Addition No. 1, as per plat recorded in Volume 6 of Plats, page 24, records of Grant County, Washington and the POINT OF BEGINNING; thence continuing North 89°49'24" West, coincident with said South boundary line, a distance of 129.97 feet to the said encased one and one half inch brass cap; thence continuing North 89°49'24" West, coincident with said South boundary line, a distance of 30.03 feet to an iron pin with Surveyor's cap marking the Southeast corner of a parcel of land described in a Quit Claim Deed recorded under Grant County Auditor's File number 283042 on December 6, 1956; thence North 00°03'36" East, coincident with the East boundary line of said parcel, a distance of 85.00 feet; thence North 82°00'14" West, coincident with the North boundary line of said parcel, a distance of 38 feet more or less to the Easterly shoreline of Pelican Horn of Moses Lake; thence Northeasterly coincident with said shoreline to a point that intersects with the Westerly prolongation of the Southerly boundary of Lot 66 of said Broad Ripple Addition No. 1; thence South 75°15'47" East, coincident with said Westerly prolongation, a distance of 179.52 feet more or less to the Westerly plat of said Broad Ripple Addition No. 1; thence South 18°49'30" West, coincident with said Westerly plat boundary, a distance of 37.13 feet; thence South 00°03'51" West coincident with said Westerly plat boundary, a distance of 94.38 feet to the POINT OF BEGINNING. RESOLVED: 1. Mike Schreiner be allowed to construct their single-family residence on unplatted property provided that all permits and construction plans are submitted and approved by the appropriate city departments. 2. The property is to be platted within one year of approval. Adopted by the City Council on October 22, 2019. ______________________________________ Karen Liebrecht, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 10-22-19, Page 48 of 85 Moses Lake Council Packet 10-22-19, Page 49 of 85 Moses Lake Council Packet 10-22-19, Page 50 of 85 Page 1 of 1 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Cindy Jensen, Finance Director Date: October 18, 2019 Proceeding Type: Consent Agenda Subject: Set Date for Public Hearings—2020 Preliminary Budget and 2020 Property (Ad Valorem) Tax Levy Legislative History: • First Presentation: October 22, 2019 • Second Presentation: • Requested Action: Motion Staff Report Summary In accordance with Washington State law it is necessary to schedule: • A public hearing to review Revenue Sources and Consideration of Legislation pertaining to Ad Valorem (Property) Tax to be levied for collection in 2020; and • Two public hearings on the 2020 Preliminary Budget. We are requesting that Council set the date of November 12, 2019 for the public hearing on the 2020 Property (Ad Valorem) Tax and the first public hearing on the 2020 Budget; and November 26, 2019 for the second public hearing on the 2020 Budget. The 2020 Preliminary Budget document will be posted on the City’s website on November 1, 2019. Staff Recommendation Staff recommends City Council set the dates for public hearings regarding the 2020 Budget and the Property (Ad Valorem) Tax levy. Moses Lake Council Packet 10-22-19, Page 51 of 85 Page 1 of 3 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Kris Robbins, Community Development Director Date: October 17, 2019 Proceeding Type: Consent Agenda Subject: Resolution to set a Public Hearing for a Portion of 3rd Vacation Legislative History: • First Presentation: October 22, 2019 • Second Presentation: • Action: Motion Staff Report Summary The City Council should consider a request from Martin & Charlotte Potter of Fox Properties LLC to vacate a portion of Right-of-Way (ROW), described as a portion of 3rd Avenue extended west of Broadway Avenue, as part of the Lewis Elliott Addition & Addition 2. The Council should set a public hearing date for November 12, 2019, to consider the merits of the vacation and ordinance vacating described ROW. Background Fox Properties is owner of the building and surrounding properties at 1014 W 3rd Avenue which is adjacent to the area for the request to vacate. They plan to complete a lot consolidation to allow the ability for the tenant to expand their business and provide a fenced-secured area. The subject property once vacated would provide a better opportunity to protect the property for the future building. Fiscal and Policy Implications Right-of-way that is vacated no longer is a responsibility and encumbrance for the City of Moses Lake to operate and maintain. The long-term operation and maintenance is a fiscal consideration. Moses Lake Council Packet 10-22-19, Page 52 of 85 Page 2 of 3 Options Option Results • Consider the request to vacate ROW and set a public hearing The adjacent lots would be allowed more design abilities. • Take no action. ROW remains as is and unimproved at this time. Staff Recommendation Staff recommends that Council adopt the resolution setting November 12, 2019, as the date for a public hearing to consider the vacation request. Attachments A. Resolution with Legal Description B. Copy of Request from Fox Properties w/Map & Pictures Legal Review N-A Moses Lake Council Packet 10-22-19, Page 53 of 85 Page 3 of 3 RESOLUTION NO. 3778 A RESOLUTION INITIATING THE PROCEDURE FOR VACATING RIGHT-OF-WAY DEDICATED FOR THE DEVELOPMENT OF 3rd AVENUE NEAR LEWIS ELLIOTT ADDITION PLAT. Recitals: 1. There exists right-of-way dedicated for 3rd Avenue as part of Lewis Elliott Addition No. 2 Major Plat. 2. RCW 35.79 provides that a public street may be vacated upon resolution initiated and passed by the legislative authority of the jurisdiction where the street is situated and that such resolution shall fix a time when the petition will be heard and determined and which shall not be more than sixty dates nor less than twenty days after the passage of such resolution. Resolved: 1. The vacation of the following described public right-of-way shall be initiated: A PORTION OF RIGHT OF WAY A DISTANCE OF 280 FEET AND 60 FEET WIDE ALONG THE EASTERLY PORTION OF LEWIS ELLIOTT ADDITION NO. 2 OF MOSES LAKE, COMMONLY KNOWN AS 3RD AVENUE. 2. A public hearing and the first reading of a vacation ordinance before the City Council shall be set for November 12, 2019, and the second reading of a vacation ordinance shall be set for November 25, 2019. ADOPTED by the City Council on October 22, 2019. ________________________________________ Karen Liebrecht, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 10-22-19, Page 54 of 85 Moses Lake Council Packet 10-22-19, Page 55 of 85 Moses Lake Council Packet 10-22-19, Page 56 of 85 Moses Lake Council Packet 10-22-19, Page 57 of 85 Moses Lake Council Packet 10-22-19, Page 58 of 85 Moses Lake Council Packet 10-22-19, Page 59 of 85 Moses Lake Council Packet 10-22-19, Page 60 of 85 Moses Lake Council Packet 10-22-19, Page 61 of 85 Moses Lake Council Packet 10-22-19, Page 62 of 85 Moses Lake Council Packet 10-22-19, Page 63 of 85 Moses Lake Council Packet 10-22-19, Page 64 of 85 Page 1 of 1 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: October 10, 2019 Proceeding Type: Consent Agenda Subject: Authorize Change Order for 2019 Well 28 Repairs Rebid Legislative History: • First Presentation: • Second Presentation: • Requested Action: October 22, 2019 Motion Staff Report Summary On July 9, 2019, Well 28 Repairs Rebid project was awarded to Pumptech for $13,404.29, which include pulling the pump and motor so we could determine what repairs are required. After pulling the pump, we have determined that the pump will need to be replaced. Pumptech has provided a cost of $65,622.21 to make the repairs, in accordance with the attached change order. Background The 2019 budget includes $140,000 for well repairs. Fiscal and Policy Implications The project will require budgeted funds to be spent. Options Option Results • Issue Change Order No. 1 2019 to Pumptech in the amount of $65,622.21. Staff will move forward to execute Change Order No. 1 with Pumptech. • Take no action Staff will stop working on this project and wait for further direction from City Council. Well 28 will remain off line. Staff Recommendation Staff recommends authorizing the City Manager to execute the change order with Pumptech in the amount of $65,622.21. Legal Review - N-A Moses Lake Council Packet 10-22-19, Page 65 of 85 CITY OF MOSES LAKE, WASHINGTON Municipal Services Department Change Order _____________________________________________________________________________ Project: 2019 Well 28 REPAIR - REBID Date: September 30, 2019 Change Order No: 1 Contract No: B-525A Contractor: Pumptech Change ordered by Public Works Superintendent in accordance with Section 1-04.7 of Standard Specifications. _____________________________________________________________________________ The following additions are made to the 2019 Well 28 Repair - Rebid contract: Pump Repairs will be completed by the contractor in the amount of $60,705.10, plus sales tax. 8-25.3B PULL AND RESET MOTOR, COLUMN, SHAFT, AND PUMP The section is revised by replacing the first paragraph with the following: The contractor shall pull the motor, column, shaft, and pump. The contractor shall provide and install the follow parts, training, and freight for Well 28 repairs before reinstalling the motor: Install Flowserve 16 stg 10QKH/10EQH Bowl Assembly: - 8” by 1.94” - 17-4 PH Bowl Shaft - 8” 316 SS Cone Strainer Install column pipe: - 8” x 9’ 11-1/4” .277w (J) T&C – W/L Column Pipe, 40 pieces - 8” x 4’ 11-1/4” .277w (J) T&C – W/L Column Pipe, 2 peices Install line shaft: - 1-11/16” x 10’ 416ss TBE 10TPI, 40 pieces - 1-11/16” x 5’ 416ss TBE 10TPI, 2 pieces Install shaft coupling: - 1-11/16” x 4” 304 ss 10TPI, 42 pieces Install bronze retainer: - 8” x 2-1/2” x 1-11/16” Bronzwe (Lead Free) Retainer w/Neoprene Insert, 42 pieces Install motor drive shaft: - 1-11/16” x 115.5” 416ss Motor Drive Shaft (Top Shaft) with Head nut & Gib Key - Key Way = 10” L x 3/8” W x 0.209” D - TOE = 10TPI, 8” of adjustment thread - TOE = 10TPI, standard thread length Install Column Reducing Adapter: - Column Reducing Adapter (J) – 8” Male x 10” Female Moses Lake Council Packet 10-22-19, Page 66 of 85 Install 760 Flush Thread: - 760 FLUSH THREAD, 1.25” x 10’, 84 pieces - 760 Flush Thread Cap, 1.25”, 2 pieces Provide one day startup & training Freight included for all parts The work will recommence when the parts arrive, in about 8 weeks. One additional Working day is provided for the repairs. The existing discharge head and rebuild motor (by others) will be reinstalled by the contractor. 8-25.4 MEASUREMENT The section is supplemented with the following: Measurement for Pump Repairs will be pre lump sum. 8-25.5 PAYMENTMEASUREMENT The section is supplemented with the following: “Pump Repairs” per lump sum. The unit contract price per lump sum for “Pump Repairs” shall be full compensation for all labor, materials, and equipment required to provide and install all repair parts listed and incidental to complete the pump repairs, including freight, and one day start-up and training. Original Contract Amount Current Contract Amount Estimated Net this Change Order Estimated Contract Total after Change $13,404.29 $13,404.29 $65,622.21 $79,026.50 Original Contract Working Days Current Contract Working Days Net Change Working Days New Contract Working Days 15 15 1 16 Prepared by__________________________________ Checked by ___________________________________ Chad Strevy Michael G. Moro, P.E Water Division Supervisor Public Works Superintendent CONTRACTOR CITY OF MOSES LAKE By ____________________________________ ________________________________________ Doug Davidson Date Kevin Fuhr Date Title: Manager Interim City Manager Moses Lake Council Packet 10-22-19, Page 67 of 85 Page 1 of 2 STAFF REPORT To: City Council From: Kevin Fuhr, Interim City Manager Date: October 17, 2019 Proceeding Type: Old Business Subject: LTAC Funding for Visitor Center Legislative History: • Presentation Dates: September 24, October 8 and 22, 2019 • Action: Motion Staff Report Summary City Council requested staff to provide additional information on the Chamber of Commerce visitor center funding request at the September 24 meeting. Following a meeting with City staff and the Chamber’s Executive Director, the Chamber withdrew their application. On October 8, City Council requested staff to have the LTAC review a reallocation of the visitor center funding to the Parks Department in accordance to RCW 67.28.1817. The LTAC members conducted a meeting today and recommend the Council’s request to allocate funding to the Parks Department for the visitor center. Background The Chamber of Commerce has historically been tasked with promoting the City and assisting visitors with information related to the city and city events. In 2019, the City created a new Communication and Marketing Specialist position with the goal of taking on additional responsibility with promoting the City. Additional LTAC funding was given to the Communication and Marketing Specialist in the 2020 budget to promote City events. The P&R Department has said that they could take on the visitor center duties including but not limited to answering phone calls, distributing maps and brochures, handling walk in customers, and mailing out information. The P&R Department would run the visitor center out of the museum and would have museum staff assist with the listed duties. Moses Lake Council Packet 10-22-19, Page 68 of 85 Page 2 of 2 If the P&R Department was tasked with handling these additional duties, they would ask the Council for the remaining $10,000 that were previously recommended to be allocated to the Chamber. Fiscal and Policy Implications If the Parks & Rec Department takes on the additional duties of the visitor center if the additional LTAC funding to pay for those duties is approved. Options Option Results • Allocate additional LTAC funds to Parks and Rec Department Take on additional visitor center duties. • Take no action. Let duties remain with the Chamber of Commerce. Staff Recommendation Staff recommends accepting the LTAC recommendation to allocate $10k for the visitor’s center to the Parks & Rec Department. Attachments – None. Legal Review – N-A Moses Lake Council Packet 10-22-19, Page 69 of 85 Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Cindy Jensen, Finance Director Date: October 18, 2019 Proceeding Type: Old Business Subject: Solid Waste Hauler Selection Legislative History: •First Presentation: June 25, 2019 •Second Presentation: •Third Presentation: October 8, 2019 October 22, 2019 •Requested Action: Motion Staff Report Summary A Council sub-committee tasked with reviewing a draft proposal from our current Solid Waste contracted hauler, Lakeside Disposal, requested that we also entertain a proposal from the local hauler Consolidated Disposal Services, Inc. (CDSI). Each of the haulers has submitted their proposals. Both companies were given an opportunity to make presentations to Council at the October 8, 2019 meeting, and both have provided additional information that has been provided to Council. Staff is still following up on a Council request to check references with neighboring communities that contract with CDSI, and a written report will be available for Council. We are respectfully requesting Council to select a hauler to negotiate the next solid waste collection contract. Background Our current hauling contract with Lakeside Disposal expires in August 2020. Because of the long lead times necessary to implement a solid waste collection system, the City started a review process to select the next hauler. Council requested that we solicit proposals from our current contractor, Lakeside Disposal, and the hauler who serves most of the rest of Grant County, CDSI. Moses Lake Council Packet 10-22-19, Page 70 of 85 Page 2 of 2 We have costed the proposals by going back to 2018 activity, and recalculating the hauler payments using the new proposed rates from both companies. If we look just at the rate adjustments, CDSI is less than Lakeside by about $138,200 for an entire year. However, Lakeside is willing to give most of their rate reductions immediately (and some even retroactively), which is an “upfront” savings of about $606,000 between now and August of 2020. They both are proposing a similar CPI adjustment for rate adjustments in subsequent years. Other things Council could consider would include: • The inconvenience of a transition of haulers to our customers. The hauler owns the commercial containers, and those would need to be swapped out. There is also a potential of changes in days and routes with a different hauler. • A local office and place to drop recycling materials • Customer service and the management of complaints Fiscal and Policy Implications Both of the proposals are a significant reduction from current rates, so we can review reducing customer rates after the last interfund loan is paid in 2020. Options Option Results • Move to select a contractor that we would then enter into negotiations with to finalize a contract Going forward with a solid waste contractor. • Request more information Provide staff with specific items to research and present. • Take no action Shortens CDSI implementation time, and forfeits some of the current savings offered by Lakeside. Staff Recommendation This is a Council decision. Attachments -- None Legal Review -- N/A Moses Lake Council Packet 10-22-19, Page 71 of 85 Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Debbie Burke, City Clerk Date: October 15, 2019 Proceeding Type: New Business Subject: Annual Code Clean Up Ordinance Legislative History: •First Presentation: October 22, 2019 •Second Presentation: November 12, 2019 •Action: First Presentation Staff Report Summary The new position of City Clerk has been tasked with cleaning up conflicting sections in the Municipal Code. Various inconsistencies were discovered during the course of doing routine business over the past year. Background Code Publishing had been used in the past and at some point staff switched gears to do the updates in house. The method had each Section as a separate document which created a major challenge when changing the Code and having the ability to cross reference the effect in other parts of the Code. Thus, creating many inconsistencies. Fiscal and Policy Implications No fiscal impact. Options Option Results •Adopt the Ordinance The changes will be made to the Code. •Take no action.The Code will be unclear and have inconsistent. Moses Lake Council Packet 10-22-19, Page 72 of 85 Page 2 of 2 Staff Recommendation Staff recommends the City Council consider adoption upon second presentation. Attachments A. Draft Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Annual Code Update October 15, 2019 Moses Lake Council Packet 10-22-19, Page 73 of 85 ORDINANCE – 1st Presentation AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE UPON ANNUAL REVIEW, MODIFICATION, AND REPEALING CONFLICTING OR OBSOLETE REGULATIONS Whereas, the City contracted with Code Publishing for codification services in 2018 to improve the accessibility for residents and staff to search regulations efficiently; and Whereas, during this process and establishing a stand-alone position of the City Clerk, staff has discovered a few inconsistencies and outdated regulations and plans to present an annual update for Council approval; and Whereas, Section 1 of this ordinance adds the Firefighter’s Pension Board to the lists of Boards and Commissions; and Whereas, Section 2 corrects the meeting schedule for the Planning Commission; and Whereas, Section 3 changes the word Councilmen to Council Member; and Whereas, Section 4 repeals 8.16 Rat Prevention; and Whereas, Section 5 amends the terminology in 6.10.100 to match 6.18.010(B). THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Subsection 2.36.010(B) MLMC titled “Citizen Advisory Boards and Commissions Created:” is amended as follows: B.There are established and created the following advisory boards and commissions of the City: 1.Lodging Tax Advisory Committee – Chapter 67.28 RCW; 2. Parks and Recreation Advisory Board; 3.Planning Commission – Chapter 35.63 RCW; 4. Municipal Airport Advisory Board – Chapter 14.08 RCW; 5.Civil Service Commission for Police and Fire – Chapters 41.08 and 41.12 RCW andChapters 2.76 and 2.80 of the Moses Lake Municipal Code; and 6. LEOFF 1 Disability Board for Police and Fire – Chapter 41.26 RCW. 7. Firefighter’s Pension Board – Chapter 41.16 RCW. Section 2. Subsection 2.36.120(C) MLMC titled “Planning Commission Specific Requirements” is amended as follows: Moses Lake Council Packet 10-22-19, Page 74 of 85 C. Meetings. The Planning Commission shall devote such time as may be necessary to properly discharge all duties devolving upon them. Regular Planning Commission meetings are held on the Thursdays following the second and fourth Tuesday of the month regular Council meeting. Section 3. Chapter 2.60 MLMC titled “Stipends for Mayor and City Council Members” is amended as follows: 2.60.010 Mayor. 2.60.015 Deputy Mayor. 2.60.020 Council Membermen. 2.60.030 Stipend Review. 2.60.010 Mayor: The Mayor shall receive a stipend in the amount of one thousand dollars ($1,000) per month. The aforementioned stipend is provided in lieu of any stipend provided a City Council Memberman. In addition, the Mayor shall receive thirty dollars ($30) for each scheduled meeting attended up to a maximum of ten (10) meetings per month. 2.60.015 Deputy Mayor: The Deputy Mayor shall receive a stipend in the amount of six hundred dollars ($600) per month. The aforementioned stipend is provided in lieu of any stipend provided a City Council Memberman. In addition, the Deputy Mayor shall receive thirty dollars ($30) for each scheduled meeting attended up to a maximum of ten (10) meetings per month. 2.60.020 Councilmen Member: Each City Council Memberman, except the Mayor and Deputy Mayor, shall receive a stipend of five hundred dollars ($500) per month. In addition, each City Council Memberman shall receive thirty dollars ($30) for each scheduled meeting attended up to a maximum of ten (10) meetings per month. Section 4. Chapter 8.16 MLMC titled “Rat Prevention” form Ordinance 113 dated 1948 is hereby repealed. Section 5. Subsection 6.10.100 MLMC titled “Appeal of Potentially Dangerous or Dangerous Dog Determination” is amended as follows: 6.10.100 Appeal of Potentially Dangerous or Dangerous Dog Determination: A. Any owner of a dog which has been declared potentially dangerous or dangerous by the Community Services Officer, pursuant to this section may appeal the notice to the Hearing Examiner as provided in Chapter 1.20. by filing with the Finance Director within fourteen (14) calendar days from the date of the notice, a written notice of appeal. SaidThe fee and written Moses Lake Council Packet 10-22-19, Page 75 of 85 notice of appeal shall be on a form provided for that purpose by the Finance Director City Clerk and must contain the following items: ………. Section 6. 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 7. 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 _________, 2019. _____________________________________ Karen Liebrecht, Mayor ATTEST: _______________________________________ 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: Date Effective: Moses Lake Council Packet 10-22-19, Page 76 of 85 Page 1 of 2 STAFF REPORT To: From: Date: Proceeding Type: Subject: Kevin Fuhr, Interim City Manager Fred Snoderly, Municipal Services Director October 2, 2019 New Business Amend Speed Limit on Road L, MLMC 10.10 Legislative History: •First Presentation: •Second Presentation: •Requested Action: October 22, 2019 November 12, 2019 Discuss and consider adoption at next meeting Staff Report Summary Due to the high incident rate at Wheeler Road and Road L, staff has reviewed the intersection to determine if traffic revisions may help reduce the incident rate. The following traffic revisions are recommended: enhanced stop signs, rumble strips, reduced speed limit at the approaches to Wheeler Road from Road L. The reduced speed limit requires amendments to MLMC Chapter 10.10. Background Wheeler Road is regulated at 35 mph and is a through street; whereas, Road L is 50 mph and requires all vehicles to stop before proceeding onto Wheeler Road. A review of traffic incidents at the intersection of Wheeler Road and Road L in the last 10 years indicates at least 20 incidents were caused by failure to stop on Road L at Wheeler Road. Fiscal and Policy Implications A reduction in incident rates will reduce the cost to drivers and insurance companies. The City will pay for the initial improvements and continual maintenance. City officers will spend less time for incidents at this location. Moses Lake Council Packet 10-22-19, Page 77 of 85 Page 2 of 2 Options Option Results • Adopt Ordinance as presented Staff will install 35 mph signs, 36-inch flashing stop signs, rumble strips, and reduced speed ahead signs. • Take no action Speed limit will remain 50 mph on Road L. Staff Recommendation Staff recommends Council adopt the ordinance to amend Chapter 10.10 of the MLMC: reducing the speed limit on Road L, from 600 feet south of Wheeler Road to 600 feet north of Wheeler Road to 35 mph. Attachments A. Plan of revised traffic control B. Ordinance to amend MLMC Chapter 10.20 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Speed Limit Change October 15, 2019 Moses Lake Council Packet 10-22-19, Page 78 of 85 Moses Lake Council Packet 10-22-19, Page 79 of 85 Moses Lake Council Packet 10-22-19, Page 80 of 85 Moses Lake Council Packet 10-22-19, Page 81 of 85 Moses Lake Council Packet 10-22-19, Page 82 of 85 ORDINANCE – 1st Presentation AN ORDINANCE AMENDING AND CORRECTING SCIVINER ERRORS IN SECTIONS 10.10.006, 10.10.020, 10.10.040, AND 10.10.050 OF THE MOSES LAKE MUNICIPAL CODE TITLED “SPEED LIMITS”. Whereas, requests have been made for Council to consider the speed limit to be lowered on Road L that triggers updates to Section 10.10.020 and 10.10.040; and, Whereas, an error of the road name on line two of in Section 10.10.040 adopted by Ordinance 2608, penalty Section 10.10.050 adopted by Ordinance 2176 being dropped, and a missing word in Section 10.10.006 were discovered during this process; and, Whereas, this ordinance establishes a citywide speed limit unless otherwise indicated at 25 mph. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 10.10.006 of the Moses Lake Municipal Code titled “Speed Limits” is amended as follows: 10.10.006 Speed Limits: The following internal roadways shall have a twenty-five (25) mile per hour speed limit: Street All internal and access roadways located within the Moses Lake Municipal AirportCity Limits, unless otherwise posted. Section 2. Section 10.10.020 of the Moses Lake Municipal Code titled “Speed Limits” is amended as follows: 10.10.020 Speed Limits: The following streets shall have a thirty-five (35) mile per hour speed limit: Street Limits Clover Drive SR-17 to Yonezawa Division Street Seventh Avenue to South City Limits East Broadway Avenue 200’ northeast of Third Avenue to north city limits Grape Drive Valley Road to north city limits Moses Lake Council Packet 10-22-19, Page 83 of 85 Hansen Road Westlake Road to north city limits Pioneer Way Riviera Avenue to SR-17 Prichard Road Entire length Road L 600 feet north of Wheeler Road to 600 feet South of Wheeler Road Road N Wheeler Road to Road 4 Valley Road Stratford Road to west city limits Westshore Drive Westlake Drive to north city limits Wheeler Road Block Street to 200’ east of Road L Yonezawa Boulevard Division Street to Clover Drive Section 3. Section 10.10.040 of the Moses Lake Municipal Code titled “Speed Limits” is amended as follows: 10.10.040 Speed Limits: The following streets shall have a fifty (50) mile per hour speed limit: Street Limits Limits Road L NE Entire length North city limits to 600 feet north of Wheeler Road and 600 feet south of Wheeler Road to south city limit Road NL NE From ½ mile south of Wheeler Road to Road 2 NE Road 7 NE Entire length South Frontage Road Hansen Road to west city limits Wheeler Road 200' east of Road L NE to east city limits Section 4. Section 10.10.050 of the Moses Lake Municipal Code titled “Violation - Penalty” is added (again) as follows: Moses Lake Council Packet 10-22-19, Page 84 of 85 10.10.050 Violation – Penalty: Any person violating this chapter shall be guilty of a civil infraction and shall be punished by imposition of a C-8 monetary penalty as set forth in MLMC 1.08. Section 5. 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 6. 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, Washington and signed by its Mayor on _________, 2019. _____________________________________ Karen Liebrecht, Mayor ATTEST: _______________________________________ 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: Date Effective: Moses Lake Council Packet 10-22-19, Page 85 of 85