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2019 1112 Council Agenda Packet Moses 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 Regular Meeting Agenda November 12, 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. 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 4 a. City Council Meeting Minutes dated October 22 and 26, 2019 b. Claims and Payroll c. Annual MLMC Clean Up Ordinance 2935 (Second Presentation) d. Docket 2020 Meeting Calendar e. Accept Emergency Sewer Main Project 2019 f. Accept Combined Storage Facilities 2018 g. Accept Sewer Manhole Lining Project 2018 h. Accept Seal Coat Project 2019 i. Accept Ops Building Material Storage Area HMA Project 2019 j. Award Water and Wastewater Rate Study Consultant Contract Moses Lake Council Packet 11-12-19, Page 1 of 127 November 12, 2019, City Council Meeting – Page 2 Public Hearings #2 pg 59 3rd Ave Right of Way Vacate Request Ordinance – First Presentation Presented by Kris Robbins, Community Development Director Summary: Council to open hearing, hear from public, and close hearing #3 pg 73 Property Tax Levy Resolution 3784 Motion Presented by Cindy Jensen, Finance Director Summary: Council to conduct hearing, discuss, and consider adoption #4 pg 78 2020 Budget Ordinance – First Presentation Presented by Cindy Jensen, Finance Director Summary: Council to conduct hearing, review, and continue to November 26 Old Business #5 pg 83 MLMC 10.10 Road L Speed Limit Ordinance 2936 Motion Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and consider adoption New Business #6 pg 89 Port of Moses Lake Water Resolution 3779 Motion Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and consider adoption #7 pg 105 North Central Regional Library Contract Motion Presented by Kevin Fuhr, Interim City Manager Summary: Council to review and consider authorization #8 pg 111 MLMC 9.26 Seizure and Forfeiture Ordinance – First Presentation Presented by Kevin Fuhr, Interim City Manager Summary: Council to review and consider adoption at the next meeting #9 pg 114 Fee Schedule Ordinance – First Presentation Presented by Cindy Jensen, Finance Director Summary: Council to review and consider adoption at the next meeting Moses Lake Council Packet 11-12-19, Page 2 of 127 November 12, 2019, City Council Meeting – Page 3 #10 pg 120 Planning Commission Membership Change Ordinance – First Presentation Presented by Kris Robbins, Community Development Director Summary: Council to review and consider adoption at the next meeting #11 pg 124 Cascade Valley in City Limits Recommendation – First Presentation Presented by Kris Robbins, Community Development Director Summary: Council to review and consider accepting at the next meeting Administrative Reports Council Communications and Reports Executive Session – none scheduled Adjournment Moses Lake Council Packet 11-12-19, Page 3 of 127 MOSES LAKE CITY COUNCIL October 22, 2019 EXECUTIVE SESSION 1 OF 2 Mayor Liebrecht called an Executive Session at 5:30 p.m. to be held for 90 minutes pursuant to RCW 42.30.110(1)(g) to evaluate qualifications for public employment. 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. PLEDGE OF ALLEGIANCE Allan Peterson, Business Development Manager for the Grant County Economic Development Council, led the Council in the Pledge of Allegiance. SUMMARY REPORTS MAYOR’S REPORT Mayor Liebrecht and Interim City Manager Kevin Fuhr were honored to attend a big media event to witness the 747 landing from Australia at the Port of Moses Lake to begin the Rolls Royce engine testing at AeroTEC. The Grand Opening for Western Peterbilt will be held on Wednesday, November 13 from 11:30 a.m. to 1:30 p.m. CITIZEN’S COMMUNICATION Kindness Proclamation Request Elisia Dalluge, 310 Loring, Moses Lake, requested the Mayor and Council designate a specific week of the year to kindness, similar to one that Othello recently adopted. PRESENTATION Grant County Economic Development Council Executive Director Brant Mayo provided a handout at the meeting titled Building Prosperity 2019-2023 which outlined goals for Business Recruitment and Attraction, Workforce Development, Infrastructure Development, Community and Investor Relations, and Retail Services Development. The handout also contained a list of companies recruited by the GCEDC, their impacts on jobs, and a request to return the City’s annual investment to $30k. Business Development Manager Allan Peterson works with the Washington Small Business Development Center to provide free advising, grants, and training for growing or start-up businesses. CONSENT AGENDA #1 a. City Council meeting minutes dated October 8, 2019 Moses Lake Council Packet 11-12-19, Page 4 of 127 b. Claim Checks 145570 through 145719 in the amount of $873,991.49; Payroll checks 63176 through 63193 in the amount of $21,027.59; and Electronic Payments dated October 18 in the amount of $406,035.79 c. Fireworks MLMC Title 8.04 Clean Up Ordinance 2932 d. Repeal Clover Drive Vacate Ordinance 2933 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 Action taken: Deputy Mayor Curnel moved to approve the Consent Agenda as is, second by Council Member Leonard. The motion carried 7 – 0. OLD BUSINESS #2 Solid Waste Franchise Discussion Staff distributed a memo to Council today in response to questions asked at the October 8 meeting. Nine persons provided new comments to Council regarding qualifications and services provided by the two area haulers. Both haulers offered a reduced period of time for a new agreement. Action taken: Council Member Hankins moved to renew the franchise with Lakeside Disposal for a period of five years, second by Council Member Riggs. The motion carried 5 – 2, Council Members Jackson and Leonard opposed. NEW BUSINESS #3 Annual Code Clean Up Ordinance – First Presentation Changes will eliminate inconsistencies and outdated content in the Code. First presentation of the ordinance. No action taken. #4 Speed Limit Amendment Ordinance – First Presentation The ordinance proposes a reduced speed limit at the approaches to Wheeler Road from Road L as well as enhanced stop sign and rumble strip traffic revisions. First presentation of the ordinance. No action taken. ADMINISTRATIVE REPORTS Interim City Manager Fuhr reminded everyone about the Saturday morning Budget Workshop. COUNCIL COMMUNICATIONS AND REPORTS Council Member Riggs encouraged everyone to attend the Moses Lake Watershed Council public meeting being held at the Civic Center regarding water quality remedies tomorrow night. Mayor Liebrecht thanked the audience and both disposal haulers for attending the Council Moses Lake Council Packet 11-12-19, Page 5 of 127 meetings to provide proposals for qualifications and costs of services. EXECUTIVE SESSION 2 OF 2 Mayor Liebrecht called an Executive Session at 8:15 p.m. to be held for 10 minutes pursuant to RCW 42.30.110(1)(i) to discuss potential litigation and there will be no further business. The Session was extended at 8:30 for an additional 10 minutes. ADJOURNMENT The regular meeting was adjourned at 8:40 p.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-12-19, Page 6 of 127 MOSES LAKE CITY COUNCIL – SPECIAL MEETING Saturday, October 26, 2019 CALL TO ORDER A meeting of the Moses Lake City Council was called to order at 8:05 a.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington. ROLL CALL Present: Mayor Liebrecht; Deputy Mayor Curnel; Council Members Jackson, Myers, Riggs, and Hankins. Absent: Council Member Leonard. Action taken: Deputy Mayor Curnel moved to excuse Council Member Leonard, second by Council Member Riggs. The motion carried 6 – 0. 2020 BUDGET STUDY SESSION A draft budget was distributed to staff and Council on Friday. The document did not include the most recent direction from Council on the one time Grant County Conservation District contribution, the increased annual contribution for the Grant County Economic Development Council, or the rate changes for solid waste services. Each Department Director reviewed the major changes for their budget comparative to prior years. ADJOURNMENT The meeting adjourned at 1:25 p.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-12-19, Page 7 of 127 To: Kevin Fuhr, Interim City Manager From: Cindy Jensen, Finance Director Council Meeting Date: November 12, 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 145720 - 145917 $2,921,051.74 Payroll Checks 0063194- 0063204 $9,274.14 Electronic Payments Payroll ACH -11/1/2019 $402,745.38 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 11-12-19, Page 8 of 127 Moses Lake Council Packet 11-12-19, Page 9 of 127 Moses Lake Council Packet 11-12-19, Page 10 of 127 Moses Lake Council Packet 11-12-19, Page 11 of 127 Moses Lake Council Packet 11-12-19, Page 12 of 127 Moses Lake Council Packet 11-12-19, Page 13 of 127 Moses Lake Council Packet 11-12-19, Page 14 of 127 Moses Lake Council Packet 11-12-19, Page 15 of 127 Moses Lake Council Packet 11-12-19, Page 16 of 127 Moses Lake Council Packet 11-12-19, Page 17 of 127 Moses Lake Council Packet 11-12-19, Page 18 of 127 Moses Lake Council Packet 11-12-19, Page 19 of 127 Moses Lake Council Packet 11-12-19, Page 20 of 127 Moses Lake Council Packet 11-12-19, Page 21 of 127 Moses Lake Council Packet 11-12-19, Page 22 of 127 Moses Lake Council Packet 11-12-19, Page 23 of 127 Moses Lake Council Packet 11-12-19, Page 24 of 127 Moses Lake Council Packet 11-12-19, Page 25 of 127 Moses Lake Council Packet 11-12-19, Page 26 of 127 Moses Lake Council Packet 11-12-19, Page 27 of 127 Moses Lake Council Packet 11-12-19, Page 28 of 127 Moses Lake Council Packet 11-12-19, Page 29 of 127 Moses Lake Council Packet 11-12-19, Page 30 of 127 Moses Lake Council Packet 11-12-19, Page 31 of 127 Moses Lake Council Packet 11-12-19, Page 32 of 127 Moses Lake Council Packet 11-12-19, Page 33 of 127 Moses Lake Council Packet 11-12-19, Page 34 of 127 Moses Lake Council Packet 11-12-19, Page 35 of 127 Moses Lake Council Packet 11-12-19, Page 36 of 127 Moses Lake Council Packet 11-12-19, Page 37 of 127 Moses Lake Council Packet 11-12-19, Page 38 of 127 Moses Lake Council Packet 11-12-19, Page 39 of 127 Moses Lake Council Packet 11-12-19, Page 40 of 127 Moses Lake Council Packet 11-12-19, Page 41 of 127 Moses Lake Council Packet 11-12-19, Page 42 of 127 Moses Lake Council Packet 11-12-19, Page 43 of 127 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Debbie Burke, City Clerk Date: October 28, 2019 Proceeding Type: Consent Agenda Subject: Annual Code Clean Up Ordinance Legislative History: • First Presentation: October 22, 2019 • Second Presentation: November 12, 2019 • Action: Motion 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 11-12-19, Page 44 of 127 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 Annual Code Update October 15, 2019 Moses Lake Council Packet 11-12-19, Page 45 of 127 ORDINANCE NO. 2935 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 and Chapters 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 11-12-19, Page 46 of 127 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 11-12-19, Page 47 of 127 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 November 12, 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: November 18, 2019 Date Effective: November 23, 2019 Moses Lake Council Packet 11-12-19, Page 48 of 127 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Debbie Burke, City Clerk Date: October 24, 2019 Proceeding Type: Consent Agenda Subject: 2020 Legislative Calendar Legislative History: •First Presentation: •Second Presentation: •Requested Action: November 12, 2019 Motion Staff Report Summary MLMC 2.36.120 states the Planning Commission will meet on Thursdays following the 2nd and 4th Tuesday of each month. Due to Commissioner scheduling conflicts, they would like to reschedule and conduct special meetings on the first and third Thursdays in August. Also, their 2nd meeting in December would fall on Christmas Eve which is being cancelled. Background N-A Fiscal and Policy Implications N-A Options Option Results •Move to adopt the 2020 Legislative Calendar as presented Staff will update the online meeting calendar schedule for the public and copy the document into the Council cloud folder for future reference. •Modify the 2020 Legislative Calendar Provide staff with specific changes. Attachment Proposed Legislative Calendar for 2020 Legal Review October 29, 2019 Staff Recommendation Staff recommends City Council approve the 2020 Legislative Calendar as presented. Moses Lake Council Packet 11-12-19, Page 49 of 127 January S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 April S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 February S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 May S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 November S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 March S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 September S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 December S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Holidays Observed City Offices Closed January Wed, 1st - New Year’s Day February Mon, 17th - Presidents' Day May Mon, 25th - Memorial Day July Fri, 3rd - Independence Day observed September Mon, 7th - Labor Day November Wed, 11th - Veterans Day Th-Fr, 26th and 27th – Thanksgiving Day December Fri, 25th - Christmas Day Meetings Key City Council Planning Commission Park & Recreation Board Municipal Airport Board LTAC, LEOFF, Civil Service, and Firemen’s Pension Board meet as needed. 2020 DRAFT 10-24-19 AWC Action Days Jan 28-29 Olympia AWC Annual Conference Jun 23-26 Kennewick Moses Lake Council Packet 11-12-19, Page 50 of 127 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: November 4, 2019 Proceeding Type: Consent Agenda Subject: Accept Emergency Northshore Sewer Main Replacement Project Legislative History: • First Presentation: • Second Presentation: November 12, 2019 • Action Motion Staff Report Summary Pegram Construction, Inc. has completed the work on Emergency Northshore Sewer Main Replacement Project - 2019 and it is ready to be accepted. Background The project consisted of installing 1,000 feet of sewer main on Northshore Drive with new manholes and connections to existing homes and a temporary pumping station to reroute sewer flow away from the failing sewer siphon on the bed of the lake. The work completed is in the amount of $347,166.39. The original contract price for the contract was $345,947.03. The work completed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Options Option Results • Approve a 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 Emergency Northshore Sewer Main Replacement Project - 2019. Moses Lake Council Packet 11-12-19, Page 51 of 127 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: October 21, 2019 Proceeding Type: Consent Agenda Subject: Accept Combined Storage Facilities - 2018 Legislative History: • First Presentation: • Second Presentation: November 12, 2019 • Action Motion Staff Report Summary POW Contracting Inc. has completed work for the above project. Background The project consisted of constructing a covered 80x100 foot carport with concrete slab at the Operations Complex, a mezzanine and 20x50 foot addition to Building 5 at the COF, an automatic lift gate and controls for Fire Station 1, and a 35x80 foot carport attached to Building 1 at the Operations Complex. The work completed is in the amount of $1,025,051.84. The original contract price for the contract was $978,687.40. The additional cost was for additional work and items required by the building code and requested by the building maintenance department. The work completed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Options Option Results • 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 Combined Storage Facilities Project - 2018. Moses Lake Council Packet 11-12-19, Page 52 of 127 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: October 25, 2019 Proceeding Type: Consent Agenda Subject: Accept Sewer Manhole Lining Project - 2018 Legislative History: • First Presentation: • Second Presentation: November 12, 2019 • Action Motion Staff Report Summary Michels Corporation has completed work for the above project. Background The project consisted lining 270 brick manholes with a cement coating to prevent further deterioration and protect from sewer gasses. The work completed is in the amount of $340,287.32. The original contract price for the contract was $343,543.96. The work completed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Options Option Results • 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 Sewer Manhole Lining Project - 2018. Moses Lake Council Packet 11-12-19, Page 53 of 127 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: October 31, 2019 Proceeding Type: Consent Agenda Subject: Accept Seal Coat Project - 2019 Legislative History: • First Presentation: • Second Presentation: November 12, 2019 • Action Motion Staff Report Summary Tommer Construction Company, Inc. has completed work on the Seal Coat Project - 2019 and it is ready to be accepted. Background The project consisted of 120,000+ square yards of seal coat and fog seal on streets within the City. Project also included restoring pavement markings. Final payment has been made for $428,175.91. The original contract price was $448,333.00. The work completed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Options Option Results • Move to accept the project as presented. The 60 day lien period will begin. • Take no action. The project won’t be accepted at this time. Staff Recommendation Staff recommends accepting the Seal Coat Project - 2019. Moses Lake Council Packet 11-12-19, Page 54 of 127 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: November 5, 2019 Proceeding Type: Consent Agenda Subject: Accept Operations Building Material Storage Area HMA Installation Project - 2019 Legislative History: • First Presentation: • Second Presentation: November 12, 2019 • Action Motion Staff Report Summary Central Washington Asphalt has completed work for the above project. Background The project consisted paving the parking lot at Yonezawa Park and extending the roadway at the Operations Complex to the new storage areas just completed. The work completed is in the amount of $187,432.97. The original contract price for the contract was $184,688.85. The work completed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Options Option Results • Approve a 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 Operations Building Material Storage Area HMA Installation Project - 2019. Moses Lake Council Packet 11-12-19, Page 55 of 127 STAFF REPORT To: City Manager From: Fred Snoderly, Municipal Services Director Date: November 5, 2019 Proceeding Type: Consent Agenda Subject: Water and Wastewater Rate Study Consultant Contract Legislative History: • First Presentation: • Second Presentation: • Requested Action: November 12, 2019 Motion Staff Report Summary Staff has received a proposal for professional services for the Water and Wastewater Rate Study Project. FCS Group, Inc. has submitted a proposal not to exceed $64,910 for conducting a study of current water and wastewater rates, developing proposed rates that provide utility stability, as well as an equitable rate structures that advance City goals and objectives Background The existing water and wastewater rates have not been modified in quite some time. It is valuable to study the current usage and reevaluate the rate structures at regular intervals to determine if the rates are equitable among the various user groups (residential, commercial, industrial, etc.), and to set rates that will conserve the most water to protect our limited resources. This study will compare the City’s rates with other local utilities and also help to make sure that capital funds are available for future growth of the system without having to make major rate hikes to pay for it. Fiscal and Policy Implications The project will require funds to be spent. Options Option Results • Award the Water and Wastewater Rate Study 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. Moses Lake Council Packet 11-12-19, Page 56 of 127 Staff Recommendation Staff recommends accepting the proposal from FCS Group Inc. that will not to exceed $64,910. Attachments A. Time and Fee Estimate Legal Review N-A Moses Lake Council Packet 11-12-19, Page 57 of 127 Moses Lake Council Packet 11-12-19, Page 58 of 127 STAFF REPORT To: Kevin Fuhr, City Manager From: Kris Robbins, Community Development Director Date: November 7, 2019 Proceeding Type: Public Hearing Subject: Public Hearing for Ordinance to Vacate Right of Way Legislative History: • First Presentation: October 22, 2019 • Public Hearing November 12, 2019 • Second Presentation: November 26, 2019 • 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 set a public hearing date for November 12, 2019 to consider the merits of the vacation and approve or deny at their meeting on November 26, 2019. The public hearing is in accordance to RCW 35.79.030. The purpose for this meeting is to hear the public comment or concerns for or against the proposed right-of-way vacation. Attached is the ordinance for vacating a portion of 3rd Avenue right-of-way. The ordinance calls for compensation of that portion of 3rd Avenue to be vacated, in an amount which does not exceed one-half the appraised value of the area. 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. Moses Lake Council Packet 11-12-19, Page 59 of 127 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. Options Option Results • Consider to adopt the Ordinance to vacate a portion of ROW The right-of-way would no long belong to the city. • Take no action. ROW remains as is and unimproved at this time. Staff Recommendation Staff recommends that Council close the public hearing consider to adopt the ordinance at their next regular council meeting. Attachments A. Draft Ordinance with Legal Description B. Copy of Request from Fox Properties w/Map & Pictures Legal Review N-A Moses Lake Council Packet 11-12-19, Page 60 of 127 ORDINANCE – First Presentation AN ORDINANCE VACATING A PORTION OF RIGHT-OF-WAY DEDICATED FOR THE DEVELOPMENT OF 3rd AVENUE NEAR LEWIS ELLIOTT ADDITION PLAT. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following described public right-of-way shall be vacated: 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. Section 2. The City shall be compensated for one half the purchase price of the vacated property. The vacation shall not become effective until the required compensation is received by the City. Section 3. Severability. If any section of the 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, Washington and signed by its Mayor on November 26, 2019. ________________________________________ Karen Liebrecht, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Moses Lake Council Packet 11-12-19, Page 61 of 127 Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: Date Effective: Moses Lake Council Packet 11-12-19, Page 62 of 127 Moses Lake Council Packet 11-12-19, Page 63 of 127 Moses Lake Council Packet 11-12-19, Page 64 of 127 Moses Lake Council Packet 11-12-19, Page 65 of 127 Moses Lake Council Packet 11-12-19, Page 66 of 127 Moses Lake Council Packet 11-12-19, Page 67 of 127 Moses Lake Council Packet 11-12-19, Page 68 of 127 Moses Lake Council Packet 11-12-19, Page 69 of 127 Moses Lake Council Packet 11-12-19, Page 70 of 127 Moses Lake Council Packet 11-12-19, Page 71 of 127 Moses Lake Council Packet 11-12-19, Page 72 of 127 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Cindy Jensen, Finance Director Date: November 8, 2019 Proceeding Type: Public Hearing Subject: 2020 Property Tax Levy Resolution Legislative History: • First Presentation: October 26, 2019 (Council Budget Retreat) • Second Presentation: November 12, 2019 • Requested Action: Motion Staff Report Summary Council has an opportunity to consider the estimated amount to be received by the City from taxes on assessed valuations for property located within the City of Moses Lake. Background State law, under RCW 84.52.020 and 84.52.070, requires the governing board of the City of Moses Lake to fix the estimated amount to be raised by taxation on assessed valuation on the property within the City of Moses Lake. Property taxes are a substantial revenue source for the City. The City is allowed to increase its levy by the lesser of one percent (1%) or the percentage increase in the implicit price deflator (IPD) index on its highest levy since 1985. The IPD for 2018- 2019 is 1.396% which exceeds the 1% limit. The legislative body is required by RCW 35A.33.135 to adopt a resolution establishing the amount to be raised by property taxes for the ensuing fiscal year. Fiscal and Policy Implications Fixing the amount that can be raised by taxation assures the City that they will collect on assessed values greater than in 2019 and allows the City to collect the maximum allowed under state statute in supporting the general fund. Moses Lake Council Packet 11-12-19, Page 73 of 127 The property tax levy was $7,460,933 for 2019. The City could receive a maximum of additional $102,230 for 2020 based on the 1% of the highest regular tax levy, and an estimated increase of $131,429 for new construction. The total levy being requested is $7,949,912 which approximates the State constitutional limit. The calculation of the estimated levy is attached. The 2020 budget is conservatively estimated to be $7,205,000 because of the uncertainty surrounding a major taxpayer. The rate per thousand of assessed valuation is estimated to be $3.339 which is a decrease of about $0.07 from the 2019 rate of $3.408. A household with an assessed valuation of $180,000 will have paid $613 in 2019, and is estimated to decrease by $12 to $601 in 2020, assuming there is no change in the assessed valuation. However, if the underlying AV increases by 2.5%, the tax levy will be about $616 or an increase of $3 per year. Because the Property Tax levy request is due to Grant County by November 30, we are requesting that Council conduct the Public Hearing and adopt the resolution at this meeting. Options Option Results • Move to adopt Resolution Staff can certify the levy to the Grant County Board of Commissioners before the deadline • Modify the draft Resolution Provide staff with specific changes, which would then need to be approved at the November 26 meeting. • Take no action Property tax legislation needs to be submitted to the County Commissioners by November 30. If this is not accomplished, the City would not levy a property tax, and would lose 28% of General Fund revenue Staff Recommendation Staff recommends City Council conduct the Public Hearing, then consider adoption of the resolution as presented. Attachments A. Property Tax Resolution B. Property Tax Calculation Legal Review N-A Moses Lake Council Packet 11-12-19, Page 74 of 127 RESOLUTION NO. 3784 A RESOLUTION FIXING AND LEVYING THE AMOUNT OF AD VALOREM TAXES NECESSARY TO DISCHARGE THE EXPECTED EXPENSES AND OBLIGTATIONS FOR THE 2020 BUDGET FOR THE CITY OF MOSES LAKE Whereas, RCW 84.52 requires the governing body of the City of Moses Lake to fix the estimated amount to be raised by taxation on assessed valuation on property within the City of Moses Lake; and Whereas, The City of Moses Lake’s highest actual levy amount occurred in 2011 and was $10,222,995; and Whereas, The City is allowed by law to increase its tax levy by 1% over the highest levy amount it has ever received since 1985, which would establish a limit of $10,325,185; and Whereas, The City of Moses Lake’s actual levy amount from the previous year, 2019, was $7,460,933, which was reduced from the anticipated levy in 2016, because of an appeal of a taxpayer’s assessment before the Grant County Board of Equalization (BOE). The BOE’s decision has been appealed to the State of Washington’s Board of Tax Appeals. The reduction in levy amount will probably remain in place until a resolution of the appeal; and Whereas, the City of Moses Lake has a population of more than 10,000; and Whereas, a Public Hearing were held, with notice duly provided, to consider the City’s current expense budget for the 2020 calendar year pursuant to RCW 84.55.120; and Whereas, the City Council of the City of Moses Lake, after hearing and duly considering all relevant evidence and testimony presented, has determined that the City requires an increase in property tax revenue from the previous year, resulting from the limit factor, along with the addition of new construction and improvements to property and any increase in the value of state-assessed property and any increase due to the annexation of new territory and refunds made, in order to discharge the expected expenses and obligations of the City. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOSES LAKE CITY COUNCIL: Section 1. The following increases in the regular property tax levy, over the amount of the previous year’s levy, are hereby authorized to be cumulatively levied for collection in 2020: A. A discretionary increase of $102,230, attributable to the inflation factor which is a percentage increase of 1.0% over the highest amount levied for collection since 1985 which was $10,222,955 in 2011; plus B. An estimated increase of $0 for recent annexations; plus C. An estimated increase of $131,429 for new construction and improvements to property; plus D. An estimated increase of $65,320 for a refund levy; plus Moses Lake Council Packet 11-12-19, Page 75 of 127 E. An increase authorized by state law for state-assessed property values. Section 2. There is hereby fixed to be raised by general property taxes upon real and personal property within the City of Moses Lake the amount of $7,949,912, for general municipal purposes, including Firemen’s Relief and Pension. Section 3. The City Clerk is directed to transmit and file a certified copy of this resolution with the Board of Grant County Commissioners and the Grant County Assessor on or before November 30, 2019. Section 4. This resolution shall take effect January 1, 2020. ADOPTED by the City Council on November 12, 2019. ________________________________________ Karen Liebrecht, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-12-19, Page 76 of 127 2019 Tax 2020 Assessed Rate Levy Values Applied Dollars (Dollars in Thousands)(estimate) Prior Year (2019) = Base 2,189,215.750$ 3.40804$ 7,460,933$ Levy Limit-1.0% increase from 2011 levy -$10,222,955 102,230 Base-101%7,563,163 Valuation Change -- (3.5%)76,558.87 0 New Construction (1.75%)38,564.404 3.40804 131,429 State Assessed Value- (still unknown) Tax Limit Before Annexation 2,304,339.025 3.33918 7,694,592 Add for Annexation 0 3.33918 - Limit for Subsequent Year 2,304,339.025 3.33918 7,694,592 Plus: Refunds (estimate)65,320 Plus: Contingency 190,000 Total Ordinance 7,949,912$ Assessed Valuation 2,304,339.025$ 3.82500$ 8,814,097$ Less: Library Levy (Estimate 0.375 864,127 Maximum 20119 Levy for Collection in 2020(Estimate)3.450$ 7,949,970 Total Levy Calculation 7,759,912$ Less: Potential uncollectible levy (estimate)500,000 Estimate to collect 7,259,912$ Budget Estimate (Basically 2019 Actual)7,205,000$ State of Washington Constitutional Limit City of Moses Lake Property Tax Limitation Calculation Budget Estimate Moses Lake Council Packet 11-12-19, Page 77 of 127 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Cindy Jensen, Finance Director Date: November 8, 2019 Proceeding Type: Public Hearing Subject: 2020 Budget and Fee Schedule Legislative History: • First Presentation: October 26, 2019 (Council Budget Retreat) • Second Presentation: November 12, 2019 • Requested Action: Conduct Public Hearing Staff Report Summary This is the presentation of the budget ordinance establishing the authorization and spending plan for the 2020 fiscal year for all City operations. It requires a hearing to accept public comments and input. A balanced budget needs to be adopted by December 31, 2019. The budget ordinance also adopts the 2020 Fee Schedule by reference. Background The Budget provides for the financial planning, control and evaluation of all funds. Prior to Council presentation the City Manager, Finance Director and Department Directors met in early October to review all budget proposals. The City Manager then made recommendations to create the City Manager’s budget that was presented to City Council in a study session on October 26, 2019. From there, appropriate changes were made so that the 2020 Preliminary Budget considers guidance and direction given by Council throughout the budget process. For the Preliminary Budget, all funds are balanced within available resources (i.e. reserves and new revenues). Staff is seeking direction from Council at the regular business meeting on November 12. If Council recommends changes, the budget ordinance will be modified to incorporate Council’s final directives for the November 26, 2019 meeting. When the second public hearing is completed on November 26, Council could pass the ordinance at that meeting. Moses Lake Council Packet 11-12-19, Page 78 of 127 Many of the fees in the fee schedule are unchanged from 2019. Parks and Recreation reviewed their fee structure and are proposing fee increases for some of their activities, primarily to recover the minimum wage increase. In accordance with Council direction given in November of 2016, basic utility fees are being adjusted to keep up with inflationary increases, by applying the year-over-year increase in September’s All Urban Consumers (CPI-U) West—B/C (i.e. small cities) index of 2.3%. The exception is the Solid Waste utility which implemented a decrease of 9.6% in response to a reduction in the carrier contract. Additional explanation and summaries of revenues and expenditures by fund are included in a separate 2020 Preliminary Budget document, which is available for public review on the City of Moses Lake website -- 2020 Preliminary Budget dated 11-5-19. Fiscal and Policy Implications The total proposed 2020 expenditure budget is approximately $91.9 million with the General Fund operating budget amounting to about $28.0 million. All funds are balanced within available resources. Options Option Results • Conduct the Public Hearing The budget process continues in compliance with state law • Recommend changes to the 2020 budget Provide staff with specific changes, which would then need to be incorporated into the budget system to be brought back for adoption at the November 26 meeting Staff Recommendation Staff recommends City Council conduct the Public Hearing, then give direction to make changes for budget adoption if approved. Attachments A. Budget Ordinance (including Schedule A) Legal Review N-A Moses Lake Council Packet 11-12-19, Page 79 of 127 ORDINANCE NO. _____ AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF MOSES LAKE, WASHINGTON FOR THE YEAR OF 2020; AND MAKING APPROPRIATIONS FOR ESTIMATED EXPENDITURES. WHEREAS, on or before the 2nd day of November, 2019, a proposed budget and estimate of the amount of moneys required to meet the public expenses, and retirement and interest, reserve funds, and expenses of government of the City for the year 2020 was duly filed with the City Clerk of the City of Moses Lake and submitted to the City of Moses Lake City Council, all in accordance with applicable laws, and WHEREAS, subsequent to November 2, 2019, the City Council held hearings on the budget and on November 12 and November 26, 2019 the City Council held formal public hearings on the budget all in accordance with applicable laws, and WHEREAS, subsequent to its formal public hearings, the City Council made adjustments and changes to the budget as the Council deemed necessary or proper and determined the allowance in each item, department, classification and fund, all as set forth in the final budget document attached hereto, all in accordance with applicable laws, and WHEREAS, the proposed budget does not exceed the lawful limit of taxation allowed by law to be levied on the property within the City for the purposes set forth in the budget, and the estimated expenditures set forth in the budget being all necessary to carry on the government of the City for fiscal year 2020 and being sufficient to meet the various needs of the City during that period; now, therefore, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The budget for the City of Moses Lake, Washington for the year 2020 is hereby adopted at the fund level in its final form and content as set forth in the budget document, “City of Moses Lake, Annual Budget-2020”, which is attached hereto as Schedule A. Section 2. Estimated resources for each separate fund of the City of Moses Lake, and aggregate expenditures for all such funds for the year 2020 are set forth in summary form entitled “City of Moses Lake, Annual Budget – 2020” which is attached hereto as Schedule A, and are hereby appropriated for expenditure at the fund level during the year 2020. Pursuant to RCW 35A.13.080 the City Manager shall administer the expenditure of all funds appropriated herein, and the City Manager is authorized to take all necessary and prudent actions to implement the City Council’s expenditure directives and budget appropriations. Section 3. The budget for the 2020 fiscal year is inclusive of the 2020 fee schedule as approved and accepted by Council and is adopted by reference. Section 4. The Clerk for City Council is directed to transmit a certified copy of the budget hereby adopted to the Division of Municipal Corporations in the Office of the State Auditor and to the Association of Washington Cities. Section 5. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law Moses Lake Council Packet 11-12-19, Page 80 of 127 Passed by the City Council and signed by its Mayor on _________________________. ______________________________________ ATTEST: Karen Liebrecht, Mayor __________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-12-19, Page 81 of 127 Fund Description 2020 Projected Resources 2020 Expenditure Appropriation % of budget 000 General Fund 31,443,060$ 27,985,891$ 30.4% 102 Tourism Activities 1,065,000 685,400 0.7% 103 Grants and Donations 902,600 348,300 0.4% 114 Paths and Trails 102,000 26,000 0.0% 116 Street Maintenance 2,993,000 2,721,860 3.0% 119 Street Repair/Reconstruction 3,415,600 3,280,000 3.6% 170 Transportation Benefit District 1,851,000 1,650,000 1.8% 286 Gen Obligation Bond 2016 Refunding 565,217 381,442 0.4% 314 Park and Recreation Improvement 12,480,000 11,500,000 12.5% 315 Park Mitigation Capital Project 680,000 680,000 0.7% 410 Water/Wastewater 14,984,300 13,081,697 14.2% 450/1 Water/Wastewater 2011 Bond and Reserves - 565,538 0.6% 452/3 Water/Wastewater 2004 Bond and Reserves - 676,850 0.7% 471 Water Rights 1,920,000 - 477 Water/Wastewater Construction 9,650,000 6,475,000 7.0% 485 Water/WW Public Works Trust Fund loan D/S 589,930 569,930 0.6% 487 2015 Bond 83,400 76,359 0.1% 490 Sanitation--Solid Waste 4,370,000 4,075,000 4.4% 493 Stormwater 1,350,000 1,306,622 1.4% 495 Airport 117,000 54,059 0.1% 498 Ambulance Utility 3,502,640 3,358,435 3.7% 501 Unemployment Compensation Ins.45,000 41,500 0.0% 503 Self-Insurance -- Risk Management 1,277,000 830,000 0.9% 517 Central Services -- Information Technology 1,823,600 1,676,482 1.8% 519 Equipment Rental -- Fleet Maintenance 5,795,309 4,953,123 5.4% 528 Building Maintenance 5,162,200 4,877,099 5.3% 611 Firemen's Pension 353,000 50,500 0.1% Citywide Total 106,520,856$ 91,927,087$ 100.0% City of Moses Lake, Washington Annual Budget - 2020 Schedule A Summary of Available Resources and Appropriations by Fund Moses Lake Council Packet 11-12-19, Page 82 of 127 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: October 28, 2019 Proceeding Type: Old Business Subject: Amend Speed Limit on Road L, MLMC 10.10 Legislative History: • First Presentation: • Second Presentation: • Requested Action: October 22, 2019 November 12, 2019 Motion 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 11-12-19, Page 83 of 127 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. Updated Map of Revision Plan 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 11-12-19, Page 84 of 127 Moses Lake Council Packet 11-12-19, Page 85 of 127 ORDINANCE NO. 2936 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 11-12-19, Page 86 of 127 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 11-12-19, Page 87 of 127 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 November 12, 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: November 18, 2019 Date Effective: November 23, 2019 Moses Lake Council Packet 11-12-19, Page 88 of 127 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: October 11, 2019 Proceeding Type: New Business Subject: Port of Moses Lake Water Resolution 3779 Legislative History: • First Presentation: November 12, 2019 • Second Presentation: • Action: Motion Staff Report Summary Staff has been working with the Port of Moses Lake on how to best provide City utility’s to the Ports newest project, Westside Employment Center. It has been determined that the most feasible solution is to allow the Port of Moses Lake to install the water and sewer utilities and retain ownership of the utilities. This proposed area includes property that is not Port owned property that would benefit from the utilities. For the Port to provide water service to property not owned by the Port, they are required to operate a Group-A NTNC water system. Staff has considered many alternatives and this is the best opportunity for everyone. Background A Port District’s critical mandate is job creation. Ports are the only public agencies whose primary purpose is economic development. It is in line with this mandate that the Port of Moses Lake has decided to expand its undeveloped property west of the current airport. For several years the Port has been running low on developed property in the current Eastside Employment Center that houses industries such as Genie/Terex Industries, Nippon Chemi-Con, Moses Lake Industries, SGL Automotive Carbon Fiber. The easterly developed center has only two remaining marketable pieces of ground. These properties have acreage limitations, limited expansion potential, and restrictions from being under current federal obligation. The Port of Moses Lake has decided to develop land to the west of the current airport. The Port had named this project the Westside Employment Center. Moses Lake Council Packet 11-12-19, Page 89 of 127 The first phase of this project is to provide the basic framework for site development including: providing access to the property, installing the utility infrastructure and changes to the comprehensive plans, and urban growth areas. To provide access to the site, the Port received approval from Grant County and Washington State Department of Transportation to construct a north south connector road between State Route 17, at McConhie Road, and Road “10” Northeast, falling in with the County grid system this road will be called Road “G” Northeast. The Port plans on installing both domestic wastewater and industrial wastewater systems. The domestic wastewater would flow to the City collection system and the industrial wastewater would flow to the Ports industrial wastewater facility. It is proposed to install a 16” PVC water main along Road “G” NE. The main would connect to an existing City water main located on Port property and extend west to the new Road “G” NE, the main would continue north along Road “G” a distance of approximately 10,500’. There are several private property owners adjacent to the Ports proposed development. The Port of Moses Lake facilitated the formation of a Local Improvement District (LID) with the surrounding property owners. All of the property included in the project is inside the Urban Growth Area. Council Resolution 3717 stated land owned by the Port of Moses Lake shall not be required to annex to receive City utilities. Port property blocks the private land from being contiguous with the City limits. Operating a Group-A NTNC water system would allow the Port to serve this private property. Fedcenter.gov defines a Group-A Non-Transient Non-Community (NTNC) water system as “A public water system that is not a community system and that regularly serves at least 25 of the same people over 6 months a year. These may include systems that provide water to schools, day care centers, government/military installations, manufactures, hospitals or nursing homes, office buildings and other facilities.” Operating a Group-A NTNC water system the facility is required to: 1. Meet the standards for a public water system. 2. Meet the standards for a Non-community water system. 3. Meet the specific guidelines related to disinfection. 4. Monitor for inorganic contaminants, asbestos, antimony, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium and thallium, nitrites, nitrates and specific unregulated contaminants. 5. Perform special motoring if adding ozone or chlorine dioxide to the water in any part of the drinking water process. 6. Notify users about exceedance of lead in the drinking water system. 7. Ensure that the concentration of lead does not exceed .015 mg/l in more than 10 percent of tap water samples collected during any monitoring period. 8. Ensure that the concentration of copper does not exceed 1.3 mg/l in more than 10 percent of tap water samples collected during any monitoring period. The Port of Moses Lake would be required to operate the water system at the same level of service the City is required to. The Port would be installing an 8” meter and a reduced pressure backflow assembly (RPBA) at the point of connection. The RPBA will isolate the port system from Moses Lake Council Packet 11-12-19, Page 90 of 127 the City’s water system. It is the Ports desire to purchase bulk water from the City of Moses Lake to serve the new system. The Port has future plans, if needed, to drill a well and build a reservoir to serve the project. Fiscal and Policy Implications The City of Moses Lake benefits from the Port having a Group-A NTNC water system by the revenue generated from the sale of water to the Port without the cost of having to maintain the water system. The City’s current policy is to not allow Group-A water systems inside the retail service area. This resolution would modify that policy to allow the Port of Moses Lake to operate a Group-A NTNC water system inside the retail service area. Options Option Results • Adopt the Resolution Port of Moses Lake will move forward with creating a Group-A NTNC system • Take no action. Project and development could fail. Staff Recommendation Staff recommends the City Council adopt the resolution as presented. Attachments A B C. Letter from Western Pacific Engineering outlining the Project. Map Draft Resolution and Policy Legal Review N-A Moses Lake Council Packet 11-12-19, Page 91 of 127 Moses Lake Council Packet 11-12-19, Page 92 of 127 Moses Lake Council Packet 11-12-19, Page 93 of 127 Moses Lake Council Packet 11-12-19, Page 94 of 127 Moses Lake Council Packet 11-12-19, Page 95 of 127 Moses Lake Council Packet 11-12-19, Page 96 of 127 Moses Lake Council Packet 11-12-19, Page 97 of 127 Moses Lake Council Packet 11-12-19, Page 98 of 127 Moses Lake Council Packet 11-12-19, Page 99 of 127 Moses Lake Council Packet 11-12-19, Page 100 of 127 RESOLUTION NO. 3779 A RESOLUTION OF THE CITY OF MOSES LAKE ADOPTING POLICY FOR A NEW GROUP-A NON-TRANSIENT NON-COMMUNITY (NTNC) WATER SYSTEM FOR THE PORT OF MOSES LAKE INSIDE THE CITY’S RETAIL SERVICE AREA. Recitals: 1. A policy has been created to provide consistent criteria and parameters for a new Group- A Non-transient Non-community water system within the City’s retail service area (RSA). 2. Policy provides the Port of Moses Lake and City staff with an understanding of the restrictions for creating Group-A NTNC water systems. 3. This policy will allow will allow those properties that meet the conditions of this policy to develop on the Port of Moses Lake’s schedule, but not limit the ability of the City’s system to expand. Resolved: 1. The City Council of the City of Moses Lake adopts the attached Policy and Procedures for the Port of Moses Lake to operate a Group-A NTNC water system inside the City’s retail service area. ADOPTED by the City Council on November 12, 2019. ________________________________________ Karen Liebrecht, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-12-19, Page 101 of 127 CITY OF MOSES LAKE POLICY AND PROCEDURE PORT OF MOSES LAKE GROUP-A NTNC WATER SYSTEM INSIDE THE CITYS RETAIL SERVICE AREA (October 2019) PURPOSE This policy is created to set criteria for the Port of Moses Lake to operate a Group-A Non-transient Non-community (NTNC) water system inside the City’s retail service area. This policy provides City staff and The Port of Moses Lake an understanding of the restrictions for operating a Group-A NTNC water system. This policy will allow growth and development potential to the City of Moses Lake with minimal risk and expense. BACKGROUND The Growth Management Act requires Grant County and the City of Moses Lake to establish a UGA for the City of Moses Lake. The UGA is the area bordering the City's corporate limits that is expected to be annexed into the City within the next 20 years of growth. The City established the RSA boundaries of the City of Moses Lake Water System to be consistent with the City's UGA boundary. This allows the City's planning documents to maintain a consistent vision for the next20 years while making decisions on how to provide adequate service in an economical way to the City's future service area. The Washington State Department of Health (DOH) and the Municipal Water Law (MWL) require' owners of public water systems to establish their RSA and include a "Duty to Serve" requirement in their Water System Plan. The City of Moses Lake's water system has the available water rights and the physical capacity to fulfill its "Duty to Serve" the area inside of the RSA. Allowances for Group-A NTNC water systems in the retail service area will be considered by the City in accordance with this policy because the City recognizes there are areas in the RSA that would be extremely difficult to develop if the property is required to be served by the City's water system. Staff has been working with the Port of Moses Lake on how to best provide City utility’s to the Ports newest project, Westside Employment Center. It has been determined the most feasible solution is to allow the Port of Moses Lake to install the water and sewer utilities and retain ownership of the utilities. This proposed area includes property that is not Port owned property that would benefit from the Moses Lake Council Packet 11-12-19, Page 102 of 127 utilities. For the Port to provide water service to property not owned by the Port they are required to operate a Group-A NTNC water system. Staff has considered many alternatives and this is the best opportunity for all. Fedcenter.gov defines a Group-A Non-Transient Non-Community (NTNC) water system as “A public water system that is not a community system and that regularly serves at least 25 of the same people over 6 months a year. These may include systems that provide water to schools, day care centers, government/military installations, manufactures, hospitals or nursing homes, office buildings and other facility’s.” A Port District’s critical mandate is job creation. Ports are the only public agencies whose primary purpose is economic development. It is in line with this mandate that the Port of Moses Lake has decided to expand its undeveloped property west of the current airport. The Port of Moses Lake has decided to develop land to the west of the current airport. The Port had named this project the Westside Employment Center. The first phase of this project is to provide the basic framework for site development including; providing access to the property, installing the utility infrastructure and changes to the comprehensive plans and urban growth areas. The Port plans on installing both domestic wastewater and industrial wastewater systems, the domestic wastewater would flow to the City collection system, the industrial wastewater would flow to the Ports industrial wastewater facility, as agreed upon a previous memo of understanding. It is proposed to install a 16” PVC water main along Road “G” NE. The main would connect to an existing City water main located on Port property and extend west to the new Road “G” NE, the main would continue north along Road “G” a distance of approximately 10,500’. However due to the existing policy for Group-A and Group-B water systems within the City of Moses Lake retail service area the allowance for a Group-A NTNC at the Port of Moses Lake is necessary. There are several private property owners adjacent to the Ports proposed development. The Port of Moses Lake facilitated the formation of a Local Improvement District (LID) with the surrounding property owners. All the property included in the project is inside of the Urban Growth Area. Council resolution 3717 stated land owned by the Port of Moses Lake shall not be required to annex to receive City utilities. Port property blocks the private land from being contiguous with the City limits. Operating a Group-A NTNC water system would allow the Port to serve this private property. CRITERIA The Port of Moses Lake would operate the water system under the City of Moses Lake Group-A license until the Port Group-A NTNC water system was in place. 1. The operation under the City’s license would be for a term of one year and reviewed by the Municipal Services Director every additional year until the Port Group-A NTNC system was in place. 2. Once installed the City of Moses Lake will own and maintain the 8” meter providing water to the Ports system. 3. Until the Port Group-A NTNC license is in place City of Moses Lake reserves the right to review and approve or deny potential water users of the system. Moses Lake Council Packet 11-12-19, Page 103 of 127 4. Once the Port Group-A NTNC water system is in place the City will draft a wholesale agreement between the Port of Moses Lake and the City. The wholesale agreement will define the amount of water the City will provide. 5. The Port Group-A NTNC system is allowed to serve Port of Moses Lake property and property inside the City of Moses Lake Urban Growth Area property located in the Westside Employment Center. 6. The Port is not allowed to serve private property inside the Urban Growth Area until the Group-A NTNC license is in place. Moses Lake Council Packet 11-12-19, Page 104 of 127 STAFF REPORT To: City Council From: Kevin Fuhr, Interim City Manager Date: November 1, 2019 Proceeding Type: New Business Subject: Library Contract Legislative History: • First Presentation: November 12, 2019 • Second Presentation: • Action: Staff Report Summary During the budget retreat, Council discussed the library budget and that the City receives approximately $40,000 a year from the North Central Regional Library District. In 2020, the City is expected to spend $82,000 in maintenance of the library building. Background In 2014, the City signed a contract with the NCRLD in which the District would pay a square foot fee to the City for reimbursement of maintenance expenses. The District currently pays $3.50 per square foot on an 11,518 square foot building, which equals $40,313. In 2021, the fee is set to increase to $3.75 per square foot, which equates to $43,192.50. In 2016, the City spent $130,000, in 2017, the number was $123,000 and in 2018, it was $122,000. In 2020, new energy regulations will be required, which could significantly increase the City’s maintenance costs to the aged building. In 2017, the NCRLD had operating expenses of $12.5 million and “unreserved cash and investments” of about $19.7 million. Our citizens pay approximately $788,000 to the MCRLD annually. The contract allows the City of terminate the agreement any time prior to October 1. Moses Lake Council Packet 11-12-19, Page 105 of 127 Staff Recommendation Staff recommends Council to authorize the City Manager to serve the NCRLD with a termination letter effective December 31, 2020. The goal of the letter would allow staff to renegotiate the monetary terms of the contract with the NCRLD so that the City does not have to use general fund dollars to supplement the maintenance costs to the library building. Attachments A. Building Use and Maintenance Agreement Legal Review N-A Moses Lake Council Packet 11-12-19, Page 106 of 127 Moses Lake Council Packet 11-12-19, Page 107 of 127 Moses Lake Council Packet 11-12-19, Page 108 of 127 Moses Lake Council Packet 11-12-19, Page 109 of 127 Moses Lake Council Packet 11-12-19, Page 110 of 127 STAFF REPORT To: City Council From: Kevin Fuhr, Interim City Manager Date: November 1, 2019 Proceeding Type: New Business Subject: MLMC Chapter 9.26-Seizure and Forfeiture – First Presentation Legislative History: • First Presentation: November 12, 2019 • Second Presentation: November 26, 2019 • Action: Motion Staff Report Summary The attached ordinance would allow, by MLMC, the chief of police to appoint a hearing examiner for seizure and forfeiture proceedings. Background RCW 69.50.505(5) allows the chief law enforcement officer, or the officer’s designee, to conduct a hearing if a person claims ownership of property that is seized during a criminal investigation. Traditionally the chief of police has served as the hearing officer, however, I am requesting to appoint a third party hearing examiner as my designee. Staff Recommendation Recommends that the City Council adopt the ordinance as presented. Attachments A. 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 Creating MLMC 9.26 October 29, 2019 Moses Lake Council Packet 11-12-19, Page 111 of 127 ORDINANCE - First Presentation AN ORDINANCE CREATING A NEW CHAPTER 9.26 OF THE MOSES LAKE MUNICIPAL CODE TITLED "SEIZURE AND FORFEITURE". THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 9.26 of the Moses Lake Municipal Code titled "Seizure and Forfeiture" is created as follows: 9.26.010 Additional powers. The chief of police is authorized to engage in forfeiture hearings and proceedings according to Chapters 69.50 and 10.105 RCW and any other applicable state law, and to appoint a designee to act as a hearing examiner for those proceedings. 9.26.020 Drug forfeiture procedure adopted by reference. RCW 69.50.505 is hereby adopted by reference as Moses Lake's system of drug forfeitures. 9.26.030 Hearing. RCW 69.50.505(e) is amended solely to provide the specific exception that the Moses Lake chief of police shall designate a hearing examiner for forfeiture matters upon concurrence of the city manager. 9.26.040 Definitions. Terms in this chapter are defined according to Chapter 69.50 RCW, city ordinances, common law, or their ordinary meaning, in that order. Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, Washington and signed by its Mayor on , 2019. Karen Liebrecht, Mayor Moses Lake Council Packet 11-12-19, Page 112 of 127 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 11-12-19, Page 113 of 127 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Cindy Jensen, Finance Director Date: November 8, 2019 Proceeding Type: New Business Subject: Ordinance defining how to change the Fee Schedule Legislative History: •First Presentation: November 12, 2019 •Second Presentation: November 26, 2019 •Requested Action: Staff Report Summary The Moses Lake Municipal Code is filled with references to “the adopted fee schedule”. However, in searching through the Municipal Code, there is no clear guidance on how to actually adopt the active fee schedule. This ordinance establishes that Council can set fees by Resolution (a sample draft of the resolution is attached). Background In the past few years, the Fee Schedule has been adopted by reference in the annual budget ordinance. However, if there are changes needed during the year, we have made the changes by resolution. This will require any changes to the fee schedule to come as a separate action item for Council’s approval. Fiscal and Policy Implications This ordinance establishes a clear process for Council to authorize all fees and charges referenced throughout the Municipal Code. The 2020 Fee Schedule is currently included in the 2020 Preliminary Budget document for review. It will be brought for Council action by resolution at the first meeting in December, after this Ordinance is approved. Moses Lake Council Packet 11-12-19, Page 114 of 127 Options Option Results • Move to adopt Ordinance Staff can bring the 2020 Fee Schedule back for approval by Council resolution • Modify the draft Ordinance Provide staff with specific changes, which would then need to be approved at the November 26 meeting. • Take no action We would follow the same process as in prior years to adopt the Fee Schedule by reference in the Budget Adoption Ordinance Staff Recommendation Staff recommends City Council review the Ordinance at the November 12, 2019, meeting, and pass the Ordinance at the November 26, 2019, meeting. Attachments A. Draft Ordinance B. Sample Resolution Legal Review Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Ordinance Create MLMC 3.08 November 8, 2019 Moses Lake Council Packet 11-12-19, Page 115 of 127 ORDINANCE – First Presentation AN ORDINANCE AMENDING TITLE 3 OF THE MOSES LAKE MUNICIPAL CODE TO INCLUDE A NEW CHAPTER 3.08 TITLED “FEE SCHEDULE AND CHARGES FOR SERVICES” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 3.08 of the MLMC titled “Fee Schedule and Charges for Services” is added as follows: FEE SCHEDULE AND CHARGES FOR SERVICES 3.08.010 Fees and charges established 3.08.020 Previously adopted or enacted fees 3.08.010 Fees and charges established. The fees and charges for services provided by the City are established as set forth on the list on file with the Office of the City Clerk. The City may hereafter establish or amend fees or charges identified on said list for services provided by the City by resolution. 3.08.020 Previously adopted or enacted fees. The mandates of this chapter and any fee schedule adopted hereunder shall not preclude the collection of fees previously adopted or enacted by the City which may have been inadvertently omitted. Previously enacted or adopted fees may be collected at the rate indicated in the adopting document. Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 3. 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 and signed by its Mayor on November __, 2019. _____________________________________ Karen Liebrecht, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Moses Lake Council Packet 11-12-19, Page 116 of 127 Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: __________, 2019 Date Effective: _____________, 2019 Moses Lake Council Packet 11-12-19, Page 117 of 127 RESOLUTION - SAMPLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON SETTING THE CITY OF MOSES LAKE 2020 FEE SCHEDULE Recitals: 1. In connection with the municipal functions and operations of the City of Moses Lake, the City requires certain fees; and 2. It is appropriate to review such fees and make adjustments to appropriately address costs; and 3. In keeping with the philosophy of setting City fees in amounts reflective of actual costs, it is appropriate at this time to revise certain fees to compensate the City for costs associated with various City functions and facilities. Resolved: Section 1. That the 2020 Fee Schedule of the City of Moses Lake is amended as set forth in Exhibit A. Section 2. Severability. If any sections, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. Section 3. This Resolution shall be in full force and effect January 1, 2020. ADOPTED by the City Council on _____________, 2019. ________________________________ Karen Liebrecht, Mayor Moses Lake Council Packet 11-12-19, Page 118 of 127 ATTEST: ________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-12-19, Page 119 of 127 STAFF REPORT To: Kevin Fuhr, City Manager From: Kris Robbins, Community Development Director Date: November 7, 2019 Proceeding Type: New Business Subject: Planning Commission Modification MLMC 2.36.120 Legislative History: • First Presentation: November 12, 2019 • Second Presentation: November 26, 2019 • Requested Action: Motion Staff Report Summary The proposed ordinance reduces the number of Planning Commission members from nine (9) to five (5). This will limit the number of Commissioners, but also assist in the ability to establish a quorum. The Planning Commission must consist of between three and twelve members and within that range is at the discretion of the City Council pursuant to RCW 35.63.020. Background The purpose of the Planning Commission is to act as the research and fact-finding agency of the municipality. To that end it may make such surveys, analyses, researches and reports as are generally authorized or requested by its council or board, or by the state with the approval of its council or board. It shall also demonstrate how land use planning is integrated with transportation planning. Fiscal and Policy Implications N-A Options Option Results • Move to adopt the ordinance as presented The code will be updated to reflect the changes. • Modify the draft ordinance Provide staff with specific changes • Take no action The code will remain the same Moses Lake Council Packet 11-12-19, Page 120 of 127 Staff Recommendation Staff recommends City Council adopt the ordinance as presented. Attachments A. Ordinance draft Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Ordinance Amend MLMC 2.36.120 November 8, 2019 Moses Lake Council Packet 11-12-19, Page 121 of 127 ORDINANCE – First Presentation AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE SECTION 2.36.120 TITLED “PLANNING COMMISSION SPECIFIC REQUIREMENTS” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 2.36.120 is amended as follows: 2.36.120 PLANNING COMMISSION SPECIFIC REQUIREMENTS A. Commission – Established. The Planning Commission of the City shall consist of nine (9) five (5) members. Each member shall be appointed for a term of six (6) years. B. Membership – Eligibility. Seven (7) Four (4) members shall reside within the City limits, and (2) one (1) members who shall either reside within the City limits or own property or a business within the City. C. Meetings. The Planning Commission shall devote such time as may be necessary to properly discharge all duties devolving upon them. Regular Planning Commission meetings are held on the Thursday following the second Tuesday of the month regular Council meeting. D. Powers and Authority. The Planning Commission shall have all of the powers and perform each and all of the duties specified by Chapter 35A.63 RCW, together with any other duties or authority which may hereafter be conferred upon them by the laws of the state, the performance of such duties and the exercise of such authority to be subject to such and all the limitations expressed in each legislative enactment or enactments. E. Function and Duties. 1. Recommendations on Proposed Legislation. The City Council may refer to the Commission, for its recommendation and report, any ordinance, resolution, or other proposal relating to any of the matters and subjects referred to in Chapter 35.63 RCW, and the Commission shall promptly report to the City Council thereon, making such recommendation and giving such counsel as it may deem proper in the premises. 2. Approval of Plats. All plats or plans of subdivisions of land within the City or proposed additions, as well as dedications of streets, alleys, and other public spaces, shall be submitted to the Commission as provided in Chapter 58.17 RCW. Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be Moses Lake Council Packet 11-12-19, Page 122 of 127 deemed to have been enacted independently and without regard to the section affected. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, Washington and signed by its Mayor on November 26, 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 11-12-19, Page 123 of 127 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Kris Robbins, Community Development Director Date: November 7, 2019 Proceeding Type: New Business Subject: Cascade Valley in City Limits Recommendation Legislative History: • First Presentation: November 12, 2019 • Second Presentation: • Action: Discussion Staff Report Summary As you are aware the area that was annexed out in the Cascade Valley has been somewhat problematic. Over the last few years the City has had conversations about how to deal with the situation of the land being in the City Limits without having access to utilities. Over the last little bit, staff has been working together to establish a means of allowing development to occur on those platted lots. The reason the City is hesitant about allowing building is because these parcels need to have fire protection services and suppression as well as domestic water and sewer. Within our existing code, the City has a provision to allow platted lots that are currently not meeting City standards to be deemed an insufficient plat. What this entails is for covenants or agreements to be required on the each lot to be built upon, understanding that at a later date they will be required to connect to services when available, pay their share of the road improvements, etc. Additionally, the Building Department has requirements as well. Such as at the time of permitting, each lot is required to have fire protection available to the site if combustibles (building materials) are stored on the site. That requires our fire department to protect the site and it does not have the ability to protect. So there are special provision necessary for this area. Staff has been working diligently with landowners to figure out a way or what the requirements would be to allow development. The suggestions are attached to this report and are available for conversation. We are working on establishing a policy to assist these properties to be built upon and would apply to existing platted lots within the Cascade Valley annexed area. Moses Lake Council Packet 11-12-19, Page 124 of 127 Background A large portion a property was purchased by a developer with the intent to bring water and sewer lines across the lake to their property. During this conversation, there's additional and surrounding properties that wanted to benefit from the City utilities as well. However, some of these properties had already been approved through the county platting process allowing development with wells and septic systems. At some point during this process and due to the downturn in the economy, the developer of the large parcel chose not to do the development and the City did not extend utility lines across the lake. However, the annexation proceeded or was previously completed before this decision was made, and this left this portion of property inside City Limits without urban services. This causes a bit of an issue as the properties do not have fire protection. Additionally, our code requires urban services, waivers, or a deferral to connect to the system for properties to obtain a building permit. Fiscal and Policy Implications None at this time Options Option Results • Consider the options and discuss Provide an opportunity to build on the platted lots • Take no action. ROW remains as is and unimproved at this time Staff Recommendation Staff recommends that Council discuss these options and provide staff with input. Attachments A. Map of area B. Suggested fire requirements Legal Review N-A Moses Lake Council Packet 11-12-19, Page 125 of 127 Attachment A 48 Platted Lots Moses Lake Council Packet 11-12-19, Page 126 of 127 Attachment B Example of Specialized Requirements 1. All new residential structures up to 3600 square feet must have approved NFPA 13D fire sprinkler systems, with a minimum of a 400 gallon reservoir / pump system similar to the one in the attached photo. 2. Outbuildings / detached garages would be limited to 600 square feet or less and require a minimum of 20 feet of spacing between them and other structures. 3. All structures would require a minimum of 20 feet eave to eave spacing. 4. Any new structure greater than 3600 square feet total would be required to undergo individual review for approval as 3600 square feet would exceed the alternative flow we could reasonably expect to provide using Tenders. 5. Only single and two family residences could be constructed with the fire flow issues present, and two family residences must be separated by a minimum of a one hour wall and be equipped with sprinkler systems as stated in number 1 above. Moses Lake Council Packet 11-12-19, Page 127 of 127