2019 1126 Council Agenda Packet REVISEDMoses 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 26, 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 November 10 and 19, 2019
b.Claims and Payroll
c.Fee Schedule MLMC 3.08 Ordinance 2937 (Second Presentation)
d.Accept HVAC Fire Station 1 Project
e.Accept Combined Storage Facilities 2018
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November 26, 2019, City Council Meeting – Page 2
Public Hearing
#2 pg 41
2020 Budget Ordinance 2938, continued from 11-12 Motion
Presented by Cindy Jensen, Finance Director
Summary: Council to hear from public and consider adoption
Old Business
#3 pg 52
Right of Way Vacate Request from Fox Properties Ordinance 2939 Motion
Presented by Kris Robbins, Community Development Director
Summary: Council to review and consider adoption
#4 pg 66
Fire Impact Fee Ordinance 2940 Motion
Presented by Kevin Fuhr, Interim City Manager
Summary: Council to review and consider adoption
#5 pg 144
Seizure and Forfeiture MLMC 9.26 Ordinance 2941 Motion
Presented by Kevin Fuhr, Interim City Manager
Summary: Council to review and consider adoption
#6 pg 147
Planning Commission Membership MLMC 2.36 Ordinance 2942 Motion
Presented by Kris Robbins, Community Development Director
Summary: Council to review and consider adoption
#7
#8
pg 151
Platting Deemed Insufficient – Cascade Valley in City Limits Motion
Presented by Kris Robbins, Community Development Director
Summary: Council to review and allow the platted area to be insufficient and with covenants
pg 155
Lakeside Disposal Contract Motion
Presented by Cindy Jensen, Finance Director
Summary: Council to review and consider authorization
New Business
#9 pg 176
2019 Budget Amendment Ordinance – First Presentation
Presented by Cindy Jensen, Finance Director
Summary: Council to review and consider adoption at the next meeting
#10 pg 181
Solid Waste Fee Schedule Resolution 3785 Motion
Presented by Cindy Jensen, Finance Director
Summary: Council to review and consider adoption
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November 26, 2019, City Council Meeting – Page 3
#11 pg 188
School Flashing Beacon Surplus Termination Motion
Presented by Fred Snoderly, Municipal Services Director
Summary: Council to review and consider authorization
#12 pg 196
Port of Moses Lake Water Resolution 3779 Motion
Presented by Fred Snoderly, Municipal Services Director
Summary: Council to review and consider adoption
Administrative Reports
Council Communications and Reports
Executive Session
Sale of Surplus Property pursuant to RCW 42.30.110(1)(c)
Adjournment
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MOSES LAKE CITY COUNCIL
November 12, 2019 CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor
Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam St., Moses Lake, Washington. ROLL CALL
Present: Mayor Liebrecht; Deputy Mayor Curnel; Council Members Jackson, Myers, Leonard,
Riggs, and Hankins. PLEDGE OF ALLEGIANCE
Former Mayor John Lane led the Council in the Pledge of Allegiance.
SUMMARY REPORTS
MAYOR’S REPORT 2019 Lifetime Achievement Proclamation for Dick Deane
Mayor Liebrecht presented the Proclamation to former Mayor Dick Deane for his community service and dedication to the Heaven of Moses Lake.
Former Mayor Recognition Mayor Liebrecht asked former Mayors Dick Deane, John Lane, Todd Voth, and Darrin Jackson to stand and be recognized in honor of having five Moses Lake Mayors at the
meeting.
2020 Census Proclamation Deputy Mayor Curnel read the Proclamation to promote awareness and participation in the decennial U.S. Census.
Association of Grant County Cities and Towns Meeting
Mayor Liebrecht advised that they had a great turnout at the last meeting with presentations from the Port of Moses Lake and Grant County Health District. This Association is one of the oldest regional groups having been established by former Mayor Rimple around thirty years ago.
Planning Commission Membership Change
There is a first presentation of an ordinance tonight to reduce the Planning Commission from nine to five members to improve probability of having a quorum on a regular basis. Mayor Liebrecht is recommending Todd Lengenfelder, Richard Penhallurick, and Jason Avila be removed effective immediately.
Action taken: Deputy Mayor Curnel moved to remove the prior appointments as presented,
second by Council Member Riggs. The motion carried 7 – 0.
Fairgrounds Campsite Letter of Endorsement Grant County Fairgrounds Manager James McKiernan has asked the Mayor to provide a letter of support for the County’s LTAC funding for a major campsite reconstruction.
Action taken: Council Member Leonard moved to authorize the Mayor to sign a letter of support
from the City for the Fairgrounds application to Grant County LTAC funding, second by Deputy
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Mayor Curnel. The motion carried 7 – 0. ADDITIONAL BUSINESS
Airport Lease Council Member Jackson advised that the subcommittee will be ready to present a new Lease Agreement for Council approval at the November 26 meeting.
CITY MANAGER’S REPORT
3rd Quarter Finance Report
Finance Director Cindy Jensen’s report was distributed to Council at the meeting and will be posted on the City’s website. 2020 Preliminary Budget Two changes since the Budget Workshop will be implemented to the final draft which are
additional one time funding requested by the Senior Center for a parking cover, as well as allocations to criminal justice resulting from Grant County’s Proposition 1 sales tax increase. CITIZEN’S COMMUNICATION Homeless Mick Hansen, 2107 Westshore Dr NE, Moses Lake, has allowed a few dozen folks to stay on his property and has been providing them with potable water as well as monthly removal of garbage. He stated that staff have prohibited occupancy in the vacant buildings and he requested the
Council incur the expense of porta-potty units in the area for them. Council requested the City Manager to follow-up with staff and Mr. Hansen to develop solutions to resolve provisions for basic services. CONSENT AGENDA
#1 a. City Council meeting minutes dated October 22 and 26, 2019 b. Claim Checks 145720 through 145917 in the amount of $2,921,051.74; Payroll checks 63194 through 63204 in the amount of $9,274.14; and Electronic Payments dated 11/1/2019 in the amount of $402,745.38 c. Annual MLMC Clean Up Ordinance 2935 (Second Presentation)
d. Docket 2020 Meeting Calendar e. Accept Emergency Sewer Main Project 2019 f. removed 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
Action taken: Council Member Jackson moved to approve the Consent Agenda as amended, second by Deputy Mayor Curnel. The motion carried 7 – 0.
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PUBLIC HEARINGS
#2 3rd Ave Right of Way Vacate Request Ordinance – First Presentation The request is from Fox Properties, LLC to vacate a portion of Right-of-Way dedicated
for the development of 3rd Avenue near Lewis Elliott Addition. Council adopted Resolution 3778 on October 22 to set the hearing date and staff posted the notice of hearing as required by state statute. Mayor Liebrecht opened the public hearing at 7:32 p.m. There was no public testimony and the hearing was closed. The subject will be presented for Council action on November 26.
#3 2020 Property Tax Resolution 3784 RCW 35A.33.135 requires the Council to adopt a resolution establishing the amount to be raised by property taxes for the ensuing fiscal year. Mayor Liebrecht opened the public hearing at 7:38 p.m. There was no public testimony and the hearing was closed.
Action taken: Council Member Hankins moved to adopt Resolution 3784 as presented, second by Deputy Mayor Curnel. The motion carried 7 – 0.
#4 2020 Preliminary Budget Ordinance – First Presentation Council and staff reviewed the first draft of the Preliminary Budget in detail during a workshop held on Saturday, October 26. Mayor Liebrecht opened the public hearing at
7:43 p.m. There was no public testimony and the hearing was continued to November 26.
OLD BUSINESS #5 MLMC 10.10 Road L Speed Limit Ordinance 2936 First presentation of the draft ordinance occurred on October 22. 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. Action taken: Council Member Jackson moved to adopt Ordinance 2936, second by Council Member Riggs. The motion carried 7 – 0.
NEW BUSINESS #6 Port of Moses Lake Water Resolution 3779 – removed from agenda
#7 North Central Regional Library District Contract The City is expected to spend $82k in maintenance on the Library building in 2020, has spent more than this in prior years, and only receives $40k from the District toward this expense. The citizens in Moses Lake contribute over $750k each year to the District in
property taxes and the District has millions of dollars in their reserve fund. This contract
can be terminated by either party at the end of each calendar year with written notice no later than October 1. Action taken: Council Member Leonard moved to approve staff to send a letter regarding
changing the contract to provide adequate funding to cover the building maintenance in 2021,
second by Council Member Myers. The motion carried 7 – 0.
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#8 MLMC 9.26 Seizure and Forfeiture Ordinance – First Presentation The ordinance gives authority for the Police Chief to hire a Hearing Examiner for seizure and forfeiture proceedings. First presentation of the ordinance. No action taken.
#9 Fee Schedule Ordinance – First Presentation The ordinance establishes the process that fees for City services will be adopted by resolution. First presentation of the ordinance. No action taken. #10 Planning Commission Membership Change Ordinance – First Presentation The ordinance reduces the number of Commissioners from nine to five. First presentation of the ordinance. No action taken. #11 Cascade Valley in City Limits Recommendation – First Presentation
Staff is seeking direction from Council regarding suggested specialized requirements to ‘existing’ platted lots in order to issue building permits within this designated area. The final policy will be brought back for Council approval at the next meeting. ADMINISTRATIVE REPORTS Interim City Manager Kevin Fuhr reminded everyone that next Monday night will be the Open House for the public to meet the City Manager candidates and the panel interviews taking place the following morning. COUNCIL COMMUNICATIONS AND REPORTS
Council Member Jackson advised again that a new airport lease will be brought to the next Council meeting so the current tenants waiting to build can proceed with their process. Deputy Mayor Curnel acknowledged Veteran’s Day and anniversary of the Marine Corps. He also shared a war memory and appreciation of Representative Newhouse’s presentation for
Veterans. Council Member Hankins echoed the appreciation of Veterans. Mayor Liebrecht asked all Veterans to stand and be recognized. She also shared that the City is
co-hosting with the Grant County Health District to show a movie at the Civic Center Auditorium regarding an opioid victim on Thursday, November 6, at 6 p.m. Admission and childcare are free. Lastly, Council Member Leonard had a recent loss in the family and Mayor Liebrecht asked that we keep her in our prayers.
ADJOURNMENT The regular meeting was adjourned at 8:10 p.m.
______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________
Debbie Burke, City Clerk
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MOSES LAKE CITY COUNCIL – SPECIAL MEETING
Tuesday, November 19, 2019
CALL TO ORDER
A meeting of the Moses Lake City Council was called to order at 7:30 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,
Leonard, and Hankins.
EXECUTIVE SESSION
Mayor Liebrecht called an Executive Session to evaluate qualifications for public employment pursuant to RCW 42.30.110(1)(g) until 12:30 p.m. Mayor Liebrecht extended the Executive Session for one hour.
The open public meeting reconvened at 1:30 p.m.
NEW BUSINESS
City Manager Contract Negotiation
Candidates Adam Hammatt, Allison Williams, and Harold Stewart were rotated through three
panels for interviews.
Action taken: Mayor Liebrecht moved to authorize the City Attorney to engage in discussions with Allison Williams and/or her representative in order to draft a contract proposal for
employment to be brought back for Council consideration and action, second by Council
Member Hankins. The motion carried 7 – 0.
ADJOURNMENT
The meeting adjourned at 1:30 p.m.
______________________________________ Karen Liebrecht, Mayor
ATTEST____________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 11-26-19, Page 8 of 206
To: Kevin Fuhr, Interim City Manager
From: Cindy Jensen, Finance Director
Council Meeting Date: November 26, 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 145918 - 146060 $723,844.14 Payroll Checks 0063220- 0063235 $13,759.41 Electronic Payments Payroll ACH -11/15/2019 $427,515.66
Summary
RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council.
RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place.
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STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Cindy Jensen, Finance Director
Date: November 19, 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 11-26-19, Page 35 of 206
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 a future
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
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 11-26-19, Page 36 of 206
ORDINANCE NO. 2937
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 26, 2019.
Moses Lake Council Packet 11-26-19, Page 37 of 206
_____________________________________
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: December 2, 2019
Date Effective: December 7, 2019
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STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: November 19, 2019
Proceeding Type: Consent Agenda
Subject: Accept 2019 HVAC Fire Station No. 1
Legislative History:
•First Presentation:
•Second Presentation:
November 26, 2019
•Action Motion
Staff Report Summary
Basin Refrigeration & Heating, Inc. has completed work for the above project.
Background
The project consisted of removing and installing heating, ventilation, and air conditioning units at
Fire Station No. 1.
The work completed is in the amount of $150,222.24, in accordance with the contract. 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 2019 HVAC Fire Station No. 1 project.
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STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: November 19, 2019
Proceeding Type: Consent Agenda
Subject: Accept Combined Storage Facilities - 2018
Legislative History:
•First Presentation:
•Second Presentation:
November 26, 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.
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STAFF REPORT
To:
From:
Date:
Proceeding Type:
Subject:
Kevin Fuhr, Interim City Manager
Cindy Jensen, Finance Director
November 15, 2019
Public Hearing
2020 Budget Ordinance
Legislative History:
•First and Second Presentation: October 26, 2019 (Council Budget Retreat), November 12, 2019
•Third Presentation: November 26, 2019
•Requested Action: Conduct Public Hearing, Pass Budget Ordinance
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 includes
revenue estimates based on the 2020 Fee Schedule which will go to Council in a separate agenda
item on December 10.
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). The budget presented at the Nov. 12 meeting did not include the additional
0.3% Public Safety sales tax approved by Grant County voters on the November 5 election. The
election results will not be certified until November 26, and since we won’t get our first
distribution of the tax until June 2020, staff is recommending that we include this program in the
final budget, but as a contingency in the Police budget. After Council approves the spending plan
for the new revenue, we can transfer out of the contingency account into the appropriate
accounts.
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Therefore, the only change from the budget presented at the November 12 Council meeting is
the addition of $700,000 in both revenue and expenditure in the General Fund to accommodate
the new voter-approved sales tax. When the second public hearing is completed at this meeting,
Council could then pass the ordinance if there are no further changes.
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 or 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 updated 11-12-19.
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 December 10 meeting
Staff Recommendation
Staff recommends City Council conduct the Public Hearing and move to adopt the budget
ordinance.
Attachments
A. Budget Ordinance (including Schedule A)
B. Exhibit of Final Appropriations
Legal Review N-A
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ORDINANCE NO. 2938
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.
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 City Clerk 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 4. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law
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Passed by the City Council and signed by its Mayor on November 26, 2019.
______________________________________ ATTEST: Karen Liebrecht, Mayor
__________________________________ 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: December 2, 2019
Date Effective: December 7, 2019
Moses Lake Council Packet 11-26-19, Page 44 of 206
Fund Description
2020
Projected
Resources
2020
Expenditure
Appropriation
% of
budget
000 General Fund 32,143,060$ 28,685,891$ 31.0%
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 2.9%
119 Street Repair/Reconstruction 3,415,600 3,280,000 3.5%
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 12.4%
315 Park Mitigation Capital Project 680,000 680,000 0.7%
410 Water/Wastewater 14,984,300 13,081,697 14.1%
450/1 Water/Wastewater 2011 Bond and Reserves 1,140,600 565,538 0.6%
452/3 Water/Wastewater 2004 Bond and Reserves 1,384,750 676,850 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 3.6%
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 5.3%
528 Building Maintenance 5,162,200 4,877,099 5.3%
611 Firemen's Pension 353,000 50,500 0.1%
Citywide Total 109,746,206$ 92,627,087$ 100.0%
City of Moses Lake, Washington
Annual Budget - 2020
Schedule A
Summary of Available Resources and Appropriations by Fund
Moses Lake Council Packet 11-26-19, Page 45 of 206
Page 1 of 620172017201820182019201920202020ActualActualActualActualAmendedAmendedFinal EstimatedExpendituresRevenuesExpendituresRevenuesBudgetRevenueBudgetRevenueGeneral FundLegislative 400,533$ 406,453$ 361,809$ 382,308$ Executive 846,194 950,116 1,213,100 1,087,306 Finance 1,047,278 1,069,902 1,158,282 1,213,093 Community Development 1,288,779 1,317,201 1,561,578 1,646,631 Legal 153,222 137,943 193,800 192,800 Misc. Services 2,468,357 2,422,045 1,824,340 1,910,490 Library 122,613 121,665 80,200 82,100 Engineering 1,724,583 1,819,812 2,004,305 2,289,531 Parks & Recreation 5,250,325 5,374,003 6,122,855 6,467,411 Police 6,086,148 6,807,748 7,627,504 8,855,366 Fire 3,362,452 3,511,347 3,727,427 4,558,855 Total General Government Funds22,750,484 22,923,231$ 23,938,235 24,788,191$ 25,875,200 23,358,039$ 28,685,891 26,643,060$ Other Operating/EnterpriseTourism Activities -102 251,422 685,833 863,269 713,763 1,311,864 720,000 685,400 765,000 Grants & Donations -103 249,005 378,685 196,693 422,887 363,688 191,104 348,300 202,600 Paths & Trails - 114- 2,807369 2,34731,000 2,000 26,000 2,000Streets - 1162,083,897 2,197,2232,394,989 2,336,446 2,634,151 2,416,500 2,721,860 2,518,000 Transportation Benefit District - 170- 51,215900,000 1,363,890 1,650,000 1,451,000 1,650,000 1,601,000 Water/Wastewater Operating - 41013,169,224 13,077,56612,846,652 13,647,343 14,883,230 12,886,300 13,081,697 12,984,300 Sanitation -4904,178,471 4,023,6624,529,472 4,451,906 4,715,610 4,790,000 4,075,000 4,220,000 Stormwater - 493781,897 907,820 921,480 897,961 1,176,917 922,000 1,306,622 940,000 Airport - 49525,733 26,935 76,901 84,842 59,009 27,000 54,059 27,000 Ambulance - 4982,418,597 2,317,180 2,537,711 2,494,823 3,025,570 2,878,140 3,358,435 2,902,640 Central Svc - 517544,964 534,027 635,774 654,177 1,684,616 1,543,000 1,676,482 1,673,600 Equipment Rental -5192,307,878 3,154,878 2,843,642 3,062,403 3,107,088 3,598,409 4,953,123 3,795,309 Build Maint -5283,026,103 2,757,702 3,377,233 4,207,204 4,813,309 3,227,400 4,877,099 3,862,200 Total Other Operating/Enterprise29,037,191 30,115,533 32,124,185 34,339,992 39,456,052 34,652,853 38,814,077 35,493,649 CITY OF MOSES LAKEFour-Year Budget Comparison By City Functional Grouping 2017-2020cjj 11/18/19 1:54 PM Exhibit 1 for 2020 Final budget approp.xlsxMoses Lake Council Packet 11-26-19, Page 46 of 206
Page 2 of 62017201720182018201920192020 2020ActualActualActualActualAmendedAmendedPreliminary EstimateExpendituresRevenuesExpendituresRevenuesBudgetRevenueBudget RevenueCapital ImprovementStreet Repair/reconst -119 1,316,624 1,688,062 2,000,385 1,982,430 3,730,000 3,449,600 3,280,000 2,315,600 Parks & Recreation Improvement-314 - -889,361 804,932 631,000 965,000 11,500,000 12,480,000 Park Mitigation Capital Proj-315- 90,890- 189,809- 6,000680,000 -Water Rights - 471- -- 152,982- - Water/Sewer Construction-4772,120,403 4,650,000 850,540 2,800,0007,070,000 3,300,000 6,475,000 1,550,000 Total Capital Improvement3,437,027 6,428,952 3,740,286 5,930,152 11,431,000 7,720,600 21,935,000 16,345,600 Risk Mgmt/Employee Benefit ReservesUnemployment Compensation - 501 28,387 77938,434 62531,500 30,000 41,500 30,000 Risk Management -503524,076 428,628 561,715 542,448 637,500 583,200 830,000 727,000 Firemen's Relief & Pension - 61121,347 34,192 21,049 35,742 50,500 37,000 50,500 33,000 Total Employee Benefit Reserves573,810 463,599 621,198 578,815 719,500 650,200 922,000 790,000 Debt ServiceEquip Leases-275482 -- -- - GOB 2006-281- -- - - GOB 2016 Refunding-286235,888 235,600 377,083 377,300 381,334 381,334 381,442 381,217 Water-Sewer 2011 Bond-450564,475 564,800 562,850 562,850 564,100 565,000 565,538 565,000 Bond Reserve-2011 451- -- - -- -Water-Sewer 2004 Bond-452672,350 672,800 671,000 670,000 674,250 674,250 676,850 676,250 Water-Sewer 2004 Bond Reserve-453-- Water-Sewer Leases-483- -- - - PWTF W/S Debt Serv - 485578,381 579,000 575,573 576,000 572,765 572,765 569,930 569,930 GOB 2006 Redemption Parks - 486- -- - 2015 GO Bond Redempt- 48747,177 47,200 75,416 75,600 76,266 76,400 76,359 76,400 Total Debt Service2,098,753 2,099,400 2,261,922 2,261,750 2,268,715 2,269,749 2,270,119 2,268,797 Total City Budget57,897,265$ 62,030,715$ 62,685,826$ 67,898,901$ 79,750,467$ 68,651,441$ 92,627,087$ 81,541,106$ Four-Year Budget Comparison By City Functional Grouping 2017-2020CITY OF MOSES LAKEcjj 11/18/19 1:54 PM Exhibit 1 for 2020 Final budget approp.xlsxMoses Lake Council Packet 11-26-19, Page 47 of 206
Page 3 of 6201920192020 Exp % Chg2020 Rev % Chg2020 2020 2020AmendedAmendedFinal20 vs 19 Estimate 20 vs 19 Gain/(Use) of Est Begin Est EndingBudgetRevenueBudget Amended Revenue Amended Fund Balance Fund Balance Fund BalanceGeneral FundLegislative361,809$ 382,308$ 5.7%Executive1,213,100 1,087,306 -10.4%Finance1,158,282 1,213,093 4.7%Community Development1,561,578 1,646,631 5.4%Legal193,800 192,800 -0.5%Misc. Services1,824,340 1,910,490 4.7%Library80,200 82,100 2.4%Engineering2,004,305 2,289,531 14.2%Parks & Recreation6,122,855 6,467,411 5.6%Police7,627,504 8,855,366 16.1%Fire3,727,427 4,558,855 22.3%Total General Government Funds25,875,200 23,358,039$ 28,685,891 10.9%26,643,060$ 14.1%(2,042,831) 5,500,000$ 3,457,169$ Other Operating/EnterpriseTourism Activities -102 1,311,864 720,000 685,400 -47.8%765,000 6.3%79,600 300,000 379,600 Grants & Donations -103 363,688 191,104 348,300 -4.2%202,600 6.0%(145,700) 700,000 554,300 Paths & Trails - 114 31,000 2,000 26,000 -16.1%2,000 0.0%(24,000) 100,000 76,000 Streets - 116 2,634,151 2,416,500 2,721,860 3.3%2,518,000 4.2%(203,860) 475,000 271,140 Transportation Benefit District - 170 1,650,000 1,451,000 1,650,000 0.0%1,601,000 10.3%(49,000) 250,000 201,000 Water/Wastewater Operating - 410 14,883,230 12,886,300 13,081,697 -12.1%12,984,300 0.8%(97,397) 2,000,000 1,902,603 Sanitation -490 4,715,610 4,790,000 4,075,000 -13.6%4,220,000 -11.9%145,000 150,000 295,000 Stormwater - 493 1,176,917 922,000 1,306,622 11.0%940,000 2.0%(366,622) 410,000 43,378 Airport - 495 59,009 27,000 54,059 -8.4%27,000 0.0%(27,059) 90,000 62,941 Ambulance - 4983,025,570 2,878,140 3,358,435 11.0%2,902,640 0.9%(455,795) 600,000 144,205 Central Svc - 5171,684,616 1,543,000 1,676,482 -0.5%1,673,600 8.5%(2,882) 150,000 147,118 Equipment Rental -5193,107,088 3,598,409 4,953,123 59.4%3,795,309 5.5%(1,157,814) 2,000,000 842,186 Build Maint -5284,813,309 3,227,400 4,877,099 1.3%3,862,200 19.7%(1,014,899) 1,300,000 285,101 Total Other Operating/Enterprise39,456,052 34,652,853 38,814,077 -1.6%35,493,649 2.4%(3,320,428) 8,525,000 5,204,572 CITY OF MOSES LAKE2020 Final Budget and Fund Balances by City Functional GroupingMoses Lake Council Packet 11-26-19, Page 48 of 206
Page 4 of 6201920192020 Exp % Chg2020 Rev % Chg2020 2020 2020AmendedAmendedFinal20 vs 19 Estimated 20 vs 19 Gain/(Use) of Est Begin Est EndingBudgetRevenueBudget Amended Revenue Amended Fund Balance Fund Balance Fund BalanceCapital ImprovementStreet Repair/reconst -1193,730,000 3,449,600 3,280,000 -12.1%2,315,600 -32.9%(964,400) 1,100,000 135,600 Parks & Recreation Improvement-314 631,000 965,000 11,500,000 1722.5%12,480,000 1193.3%980,000 - 980,000 Park Mitigation Capital Proj-315- 6,000 680,000 - (680,000) 680,000 - Water Rights - 471- - - 1,920,000 1,920,000 Water/Sewer Construction-4777,070,000 3,300,000 6,475,000 -8.4%1,550,000 -53.0%(4,925,000) 8,100,000 3,175,000 Total Capital Improvement11,431,000 7,720,600 21,935,000 91.9%16,345,600 111.7%(5,589,400) 11,800,000 6,210,600 Risk Mgmt/Employee Benefit ReservesUnemployment Compensation - 501 31,500 30,000 41,500 31.7%30,000 0.0%(11,500) 15,000 3,500 Risk Management -503 637,500 583,200 830,000 30.2%727,000 24.7%(103,000) 550,000 447,000 Firemen's Relief & Pension - 611 50,500 37,000 50,500 0.0%33,000 -10.8%(17,500) 320,000 302,500 Total Employee Benefit Reserves719,500 650,200 922,000 28.1%790,000 21.5%(132,000) 885,000 753,000 Debt ServiceEquip Leases-275 - - GOB 2006-281 - - GOB 2016 Refunding-286 381,334 381,334 381,442 0.0%381,217 (225) 184,000 183,775 Water-Sewer 2011 Bond-450 564,100 565,000 565,538 0.3%565,000 (538) 8,000 7,462 Bond Reserve-2011 451 - - - - - 567,600 567,600 Water-Sewer 2004 Bond-452 674,250 674,250 676,850 0.4%676,250 (600) 7,000 6,400 Water-Sewer 2004 Bond Reserve-453- 701,500 701,500 Water-Sewer Leases-483- - - - PWTF W/S Debt Serv - 485572,765 572,765 569,930 -0.5%569,930 - 20,000 20,000 GOB 2006 Redemption Parks - 486- - 2015 GO Bond Redempt- 48776,266 76,400 76,359 0.1%76,400 41 7,000 7,041 Total Debt Service2,268,715 2,269,749 2,270,119 0.1%2,268,797 0.0%(1,322) 1,495,100 1,493,778 Total City Budget79,750,467$ 68,651,441$ 92,627,087$ 16.1%81,541,106$ 18.8%(11,085,981)$ 28,205,100$ 17,119,119$ CITY OF MOSES LAKE2020 Final Budget and Fund Balances by City Functional GroupingMoses Lake Council Packet 11-26-19, Page 49 of 206
STAFF REPORT
To: Kevin Fuhr, City Manager
From: Kris Robbins, Community Development Director
Date: November 21, 2019
Proceeding Type: Old Business
Subject: Ordinance to Vacate a Portion of 3rd Avenue 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 has held the public
hearing date November 12, 2019 in accordance to RCW 35.79.030.
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, and the owner must complete a lot consolidation.
Background
Fox Properties is owner of the building and surrounding properties at 1014 W 3rd Avenue which is
adjacent to the area for the request to vacate. They plan to complete a lot consolidation to allow
the ability for the tenant to expand their business and provide a fenced-secured area. The subject
property, once vacated, would provide a better opportunity to protect the property for the future
building.
Fiscal and Policy Implications
Right-of-way that is vacated no longer is a responsibility and encumbrance for the City of Moses
Lake to operate and maintain. The long-term operation and maintenance is a fiscal consideration.
Moses Lake Council Packet 11-26-19, Page 52 of 206
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 adopt the ordinance vacating a portion of 3rd Avenue as described.
Attachments
A. Ordinance with Legal Description
B. Copy of Request from Fox Properties w/Map & Pictures
Legal Review N-A
Moses Lake Council Packet 11-26-19, Page 53 of 206
ORDINANCE NO. 2939 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 retain a municipal and public utilities easement over the vacated
right-of-way as described above to maintain, operate, repair, replace, reconstructing and reading water and sanitary lines and meters, and for testing and flushing sewer lift stations and fire hydrants.
Section 3. The property owner is responsible to complete a lot consolidation for the property
in order to prohibit the ability to sell lots without public access. Section 4. 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 5. 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 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 26, 2019.
________________________________________
Karen Liebrecht, Mayor
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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: December 2, 2019
Date Effective: December 7, 2019
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STAFF REPORT
To:
From:
Date:
Proceeding Type:
Subject:
Kevin Fuhr, Interim City Manager
Kris Robbins, Community Development Director
November 21, 2019
Old Business
Fire Impact Fee Ordinance 2940
Legislative History:
•First Presentation: September 10, 2019
•Second Presentation: October 8, 2019
•Third Presentation: November 26, 2019
•Requested Action: Motion
Staff Report Summary
The Community Development and Fire Departments have been working on impact fees for the last
year. The information provided is for your review and consideration for adoption of the Fire
Department impact fees. Auburn and Renton have approved fees and staff is recommending
consideration of using the Renton code as a model for our code.
Background
Staff provided information to the Council on a rate study for the fire impact fees.. The attached
report includes the update breaking out the costs for Medical Facilities into the sub-categories of
Hospitals and Clinics, and Skilled Nursing and LC (assisted living, memory care, and adult family
homes).
The purpose and intent of the ordinance is to authorize the collection of impact fees for fire
protection as new development activities, including but not limited to new residential, commercial,
retail, office, and industrial development in the City that will create additional demand and need
for fire protection facilities. This allows for such new growth and development to pay a
proportionate share of the cost of system improvements needed to serve the new growth and
development.
Fiscal and Policy Implications
This report is required to be approved by ordinance.
Moses Lake Council Packet 11-26-19, Page 66 of 206
Options
Option Results
•Move to adopt Ordinance The Fire Impact Fees will become effective
upon adoption and publication as noted in the
ordinance.
•Modify the draft Ordinance Provide staff with specific changes, which
would then need to be approved at a future
meeting.
•Take no action Impact Fees would not become effective and
direction from could would be requested.
Staff Recommendation
Staff recommends that the Moses Lake City Council review the Ordinance and make a motion to
accept..
Attachments
A. Ordinance adopting Fire Impact Fees
B. Updated Fire Impact Fee Study
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
•Ordinance Fire Impact Fees November 22, 2019
Moses Lake Council Packet 11-26-19, Page 67 of 206
ORDINANCE NO. 2940
AN ORDINANCE OF THE CITY OF MOSES LAKE,
WASHINGTON, ADOPTING A NEW TITLE 21 TITLED “IMPACT FEES”
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. A new Title 21 of the Moses Lake Municipal Code titled “Impact Fees” is created as
follows:
TITLE 21
IMPACT FEES
Chapters:
21.03 Fire Impact Fees
21.03.010 Title
21.03.020 Purpose and Intent
21.03.040 Findings and Authority
21.03.050 Definitions
21.03.060 Establishment of service area.
21.03.070 Impact fees methodology and applicability
21.03.080 Collection of impact fees.
21.03.090 Exemptions.
21.03.100 Credits for dedications, construction of improvements, and past tax
payments.
21.03.110 Adjustments for future tax payments and other revenue sources.
21.03.120 Appeals.
21.03.130 Establishment of impact fee accounts.
21.03.140 Administrative guidelines.
21.03.150 Refunds and offsets.
21.03.160 Use of impact fees.
21.03.170 Review and adjustment of rates.
21.03.180 Administrative fees.
21.03.190 Existing authority unimpaired.
21.03.010 Title.
This Chapter shall be hereinafter known as “fire impact fees.”
21.03.020 Purpose and Intent.
The purpose and intent of this Section is to authorize the collection of impact fees for fire
protection and to provide for certain other matters in connection therewith.
21.03.030 Findings and Authority.
The Moses Lake City Council (hereinafter referred to as “Council”) hereby finds and determines
that development activities, including but not limited to new residential, commercial, retail,
office, and industrial development in the City of Moses Lake (hereinafter referred to as “City”)
will create additional demand and need for fire protection facilities in the City. Further, the
Council finds that such new growth and development should pay a proportionate share of the
cost of system improvements needed to serve the new growth and development.
In the Rate Study as defined and hereby incorporated by this reference, the City documented
extensive research concerning the procedures for measuring the impact of new developments on
public facilities. In 2019, the Moses Lake Fire Department (MLFD) completed its own Rate
Study for Fire Impact Fees.
This Rate Study utilize methodologies for calculating impact fees that are consistent with the
requirements of RCW 82.02.060(1). A copy of the most current version of the Rate Studies shall
be kept on file by the Moses Lake City Clerk and will be available to the public for review.
Therefore, pursuant to chapter 82.02 RCW, the Council adopts this Section to assess impact fees
for fire protection fees for the Moses Lake Fire Department. The provisions of this Section shall
be liberally construed in order to carry out the purposes of the Council in providing for the
assessment of impact fees.
21.03.040 Definitions.
The words and terms defined below shall have the following meanings for the purposes of this
Section, unless the context clearly requires otherwise. Terms otherwise not defined herein shall
be defined pursuant to RCW 82.02.090 or given their usual and customary meaning.
1. “Administrator” means the Director or designee of the Moses Lake Community Development
Department.
2. “Applicant” for the purposes of this Section includes an entity that controls the applicant, is
controlled by the applicant, or is under common control with the applicant.
3. “Building permit” means an official document or certification which is issued by the City and
which authorizes the construction, alteration, enlargement, conversion, reconstruction,
remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure or
any portions thereof.
4. “Capital facilities plan” means the capital facilities element of the City’s Comprehensive Plan
adopted pursuant to chapter 36.70A RCW and such plan as amended.
5. “City” means the City of Moses Lake.
6. “Council” means the Moses Lake City Council.
7. “Department” means the City’s Community Development Department.
8. “Development activity” means any construction or expansion of a building, structure, or use,
any change in use of a building or structure, or any changes in the use of land that generate the
need for additional public facilities.
9. “Development approval” means any written authorization from the City of Moses Lake which
authorizes the commencement of a development activity.
10. “Elderly” means a person aged sixty two (62) or older.
11. “Encumbered” for fire it means impact fees identified by the department as being committed
as part of the funding for a facility for which the publicly funded share has been assured or
building permits sought or construction contracts let.
12. “Fee payer” is any person, collection of persons, or department or bureau of any
governmental entity or municipal corporation commencing a development activity which creates
the demand for additional system improvements and which requires the issuance of a building
permit or a permit for a change of use. “Fee payer” includes an applicant for an impact fee credit.
13. “Fee Schedule” is the City of Moses Lake Fee Schedule detailing amounts to be paid for
various permits, licenses, etc., that is published, kept on file, and made available to the public on
the City’s website and in the office of the Moses Lake City Clerk.
14. “Fire capital facilities plan” means the Moses Lake Fire Department capital improvement
plan adopted by the City Council that includes the following:
a. An inventory of existing capital facilities and equipment owned by the department,
their locations, and capacities.
b. The identification of the demands projected new development is anticipated to place on
existing fire protection facilities and equipment.
c. A forecast of the capital facilities and equipment necessary to meet the department’s
adopted level of service with the increased demand of new development within the
department.
d. The proposed locations of expanded or new capital facilities and equipment and the
associated timeline for construction or expansion.
e. At least a six (6) year financing component, updated as necessary to maintain at least a
six (6) year forecast period, for financing needed fire protection facilities within projected
funding levels, and identifying sources of financing for such purposes, including bond
issues.
f. Any other long-range projects planned by the department.
15. “Fire protection” shall mean fire protection facilities, including but not limited to fire
stations, fire apparatus, and any furnishings and equipment that can be capitalized.
16. “Hearing Examiner” shall mean that person or persons acting as the Moses Lake Hearing
Examiner.
17. “Impact fee” means a payment of money imposed by the City of Moses Lake on
development activity pursuant to this Section as a condition of granting development approval.
An impact fee does not include a reasonable permit fee, an application fee, the administrative fee
for collecting and handling impact fees, the fee for reviewing independent fee calculations, or the
fee for deferring payment of impact fees.
18. “Impact fee account(s)” means the separate accounting structure(s) within the City’s
established accounts, which structure(s) shall identify separately earmarked funds and which
shall be established for the impact fees that are collected. The account(s) shall be established
pursuant to subsection M of this Section and shall comply with the requirements of RCW
82.02.070.
19. “Independent fee calculation” means the fire impact fee calculation, and/or economic
documentation prepared by a fee payer, to support the assessment of a fire protection impact fee
other than by the use of the rates published in the City’s Fee Schedule, or the calculations
prepared by the department where none of the fee categories or fee amounts in the City’s Fee
Schedule accurately describe or capture the impacts of the development activity on public
facilities.
20. “Owner” means the owner of record of real property, although when real property is being
purchased under a real estate contract, the purchaser shall be considered the owner of the real
property if the contract is recorded.
21. “Permit for change of use or change of use permit” means an official document which is
issued by the City which authorizes a change of use of an existing building or structure or land.
22. “Project improvements” means site improvements and facilities that are planned and
designed to provide service for a particular development project, are necessary for the use and
convenience of the occupants or users of the project, and are not system improvements. No
improvement or facility included in a capital facilities plan adopted by the Council shall be
considered a project improvement.
23. “Public facilities,” for purposes of this Section, means the following capital facilities owned
or operated by the City of Moses Lake, or other governmental entities: fire protection facilities.
24. “Rate Study” means any rate study relating to impact fees for fire protection adopted by the
City of Moses Lake.
25. “System improvements,” for purposes of this Section, means public facilities that are
included in the City of Moses Lake’s capital facilities plan, and such plan as amended, and are
designed to provide service to the community at large, in contrast to project improvements.
21.03.050 Establishment of service area.
1. The City hereby establishes, as the service area for impact fees, the City of Moses Lake,
including all property located within the corporate City limits.
2. The scope of the service area is hereby found to be reasonable and established on the basis of
sound planning and engineering principles, and consistent with RCW 82.02.060 as described in
the Rate Study.
21.03.060 Impact fees methodology and applicability.
The fire impact fees in the fee schedule are generated from the formulae for calculating impact
fees set forth in the applicable fire capital facilities plans as may be further set forth in a Rate
Study. Except as otherwise provided for independent fee calculations in subsection H of this
Section, exemptions in subsection I of this Section, and credits in subsection J of this Section, all
new development activity in the City will be charged impact fees applicable to the type of
development listed in the City of Moses Lake Fee Schedule.
21.03.070 Collection of impact fees.
1. Fire Impact Fees:
a. Applicability: The City shall collect impact fees, based on the rates in the City of
Moses Lake Fee Schedule, from any applicant seeking development approval from the
City for any development activity within the City, when such development activity
requires the issuance of a building permit or a permit for a change in use, and creates a
demand for additional public facilities.
b. Fire Impact Fee Basis and Amount: The maximum allowable fees shall be based on
the fire capital facilities plan and the rate study developed by the Department, approved
by the council, and adopted by the City as part of the capital facilities element of the
City’s Comprehensive Plan and as a fire impact fee Rate Study. The rates to be charged
are listed in the City of Moses Lake Fee Schedule.
2. Changes in Use or Tenancy: When an impact fee applies to a change of use permit, the
impact fee shall be the applicable impact fee for the land use category of the new use, less any
impact fee previously paid for the land use category of the prior use. For purposes of this
provision, a change of use should be reviewed based on the land use category provided in the
Rate Study that best captures the broader use of the property under development. Changes in use
or tenancy, if consistent with the general character of the building or building aggregations (i.e.,
“industrial park,” or “specialty retail”) should not be considered a change in use that is subject to
an impact fee. Further, minor changes in tenancies that are consistent with the general character
of the included structure, building, or previous use should not be considered changes in use
subject to an impact fee. If no impact fee was paid for the prior use, the impact fee for the new
use shall be reduced by an amount equal to the current impact fee rate for the prior use. Vacant
buildings shall be assessed as if in the most recent legally established use as shown on a locally
owned business license or development permit documents.
3. Mixed Use: For mixed use developments, impact fees shall be imposed for the proportionate
share of each land use, based on the applicable measurement in the impact fee rates in the City of
Moses Lake Fee Schedule.
4. Timing of Assessment and Collection: Impact fees shall be determined at the time the
complete application for a building permit or a permit for a change in use is submitted using the
impact fees then in effect. Impact fees shall be due and payable before the building permit or
permit for a change of use is issued by the City.
5. Documentation of Credit Required: Fee payers allowed credits prior to the submittal of the
complete building permit application or an application for a permit for a change of use shall
submit, along with the complete application, a copy of the letter prepared by the Administrator,
or Fire Department official setting forth the dollar amount of the credit allowed. Impact fees, as
determined after the application of any credits, shall be collected from the fee payer no later than
the time a building permit or permit for a change of use is issued.
6. Deferral for Subdivisions, Short Subdivisions, and Planned Unit Developments: An
applicant for residential subdivision, short subdivision, or planned unit development may defer
payment of impact fees for all of the dwelling units to be created in the development until the
earlier of the time of closing of the first sale of a single detached dwelling unit, condominium
unit, or a multi-family residential building or eighteen (18) months after the issuance of the
original building permit, but only if before recording the subdivision or short subdivision, the
applicant:
a. Submits to the Administrator a signed and notarized deferred impact fee application
and acknowledgement form, which includes the legal description, tax account number,
and address of each individual in the development;
b. Records at the applicant’s expense a covenant and lien that complies with the
requirements of subsections (G)(7)(b)(i) through (vii) of this Section; and
c. Pays the applicable nonrefundable administrative fee.
7. Deferral for Single Family, Condominium, and Multi-Family Dwellings: A building
permit applicant may defer payment of impact fees for a single detached dwelling unit,
condominium unit, or all of the dwelling units in a multi-family residential building until the
earlier of the time of closing of the first sale of a single detached dwelling unit, a condominium
unit or a multi-family residential building or eighteen (18) months after issuance of the original
building permit, but only if before issuance of the building permit, the applicant:
a. Submits to the Administrator a signed and notarized deferred impact fee application
and acknowledgement form for each single detached dwelling unit, condominium unit or
all of the dwelling units in a multi-family residential building for which the applicant
wishes to defer payment of the impact fees; and
b. Records at the applicant’s expense a covenant and lien in the amount of the deferred
impact fee(s) and that includes the legal description, tax account number, and address of
the property that:
i. Requires payment of the impact fees to the City at the earlier of the time of
closing of the first sale or eighteen (18) months after issuance of the original
building permit; and
ii. Provides that if the impact fees are paid through escrow at closing of sale, in
the absence of an agreement between the buyer and the seller to the contrary, the
impact fees shall be paid from the seller’s proceeds; and
iii. Provides that the seller bears strict liability for the payment of the impact fees;
and
iv. Requires the seller or seller’s agent of property subject to the covenant and lien
to provide written disclosure of the covenant and lien to a purchaser or
prospective purchaser. Disclosure of the covenant must include the amount of
impact fees payable and that the fees are to be paid to the City no later than the
closing date; and
v. Makes the applicant legally liable for payment of the impact fees if the fees are
not paid by the earlier of the time of closing of the first sale or eighteen (18)
months after the building permit has been issued; and
vi. Is signed by all owners of the property as listed on a current title report, with
all signatures acknowledged as required for a deed; and
vii. Is junior and subordinate to one mortgage for the purpose of construction
upon the same real property granted by the person who applied for the deferral of
impact fees.
8. Payment Methods: Payment of impact fees deferred under this subsection shall be made by
cash, escrow company check, cashier’s check or certified check.
9. Lien Release: Upon receipt of payment of impact fees deferred under this subsection, the City
shall execute a lien release for each single detached dwelling unit, condominium unit, or multi-
family residential building for which the impact fees have been received. The property owner at
the time of the release shall be responsible for recording the lien release.
10. Foreclosure by City: If impact fees are not paid, in accordance with the provisions of this
subsection, the City may institute foreclosure proceedings in accordance with chapter 61.12
RCW.
11. Required Prior to Building Permit Issuance: The Department shall not issue the required
building permit or the permit for the change of use until the impact fees have been paid or the
signed and notarized deferred impact fee application and acknowledgement form and deferral fee
have been received and accepted by the City. Impact fees may be paid under protest to obtain a
building permit or other approval or permit.
12. Number of Deferrals Limited: Each applicant for a single family building permit, in
accordance with his or her contractor registration number or other unique identification number,
is entitled to annually receive deferrals under this subsection for the first twenty (20) single
family building permits issued by the City to that applicant.
21.03.080 Independent fee calculations.
1. Calculations by City: If, in the judgment of the Administrator, none of the fee categories or
fee amounts set forth in the City of Moses Lake Fee Schedule accurately describes or captures
the impacts of a new development on public facilities, the Department may conduct independent
fee calculations and the Administrator may impose alternative fees on a specific development
based on those calculations. The alternative fees and the calculations shall be set forth in writing
and shall be mailed to the fee payer.
2. Calculations by Fee payer: A fee payer may opt not to have the impact fees determined
according to the fee structure in the City of Moses Lake Fee Schedule, in which case the fee
payer shall prepare and submit to the Administrator, the Fire Department, as applicable, an
independent fee calculation for the development activity for which a building permit is being
sought. The documentation submitted shall show the basis upon which the independent fee
calculation was made. An independent fee calculation shall use the same methodology used to
establish fire impact fees by fire incident rates for fire impact fees.
3. Consideration and Review: There is a rebuttable presumption that the calculations set forth
in the Rate Studies and Capital Facilities Plans and the data used by the City and Fire
Department are valid.
a. Fire Impact Fees: The City may adjust the amount of the impact fee assessed if
appropriate and lawful, as demonstrated by the fee payer to the City’s satisfaction.
4. Adjustment from Maximum Amount: Alternative impact fees calculated pursuant to this
subsection shall be reduced in the same manner and to the same extent that the impact fees in the
City of Moses Lake Fee Schedule are reduced from the maximum allowable impact fees in the
Rate Study.
5. Appeals: Determinations made by the Administrator pursuant to this Section may be appealed
to the office of the Hearing Examiner under the procedures set forth in subsection L of this
Section.
21.03.090 Exemptions.
1. Fire Impact Fees: Except as provided for below, the following shall be exempted from the
payment of all fire impact fees:
a. Alteration or replacement of an existing residential structure that does not create an
additional dwelling unit or change the type of dwelling unit.
b. Alteration or replacement of an existing nonresidential structure that does not expand
the usable space or change the existing land use.
c. Miscellaneous improvements which do not generate increased need for public
facilities, including, but not limited to, fences, walls, residential swimming pools, and
signs.
d. Demolition or moving of a structure.
e. Projects that have undergone prior State Environmental Policy Act (SEPA) review and
received a final decision that includes mitigation requirements on the condition that the
SEPA mitigation obligation has or will be fulfilled by the time the impact fees, if
applicable, would be due.
2. Authority: The Administrator shall be authorized to determine whether a particular
development activity falls within an exemption identified in this Section. The Administrator’s
determinations shall be in writing and shall be subject to the appeals procedures set forth in
subsection L of this Section.
21.03.100 Credits for dedications, construction of improvements, and past tax payments.
1. Criteria for Award of Credits: A fee payer may request that a credit or credits for impact
fees be awarded to him/her for the total value of system improvements, including dedications of
land and improvements, and/or construction provided by the fee payer. Credits will be given only
if the land, improvements, and/or the facility constructed are:
a. Included within the capital facilities plan or would serve the goals and objectives of the
capital facilities plan;
b. Determined by the City to be at suitable sites and constructed at acceptable quality;
c. Serve to offset impacts of the fee payer’s development activity; and
2. Authority and Process:
a. The Administrator shall determine if requests for credits meet the criteria in subsection
J1 of this Section or other applicable law. The determinations shall be in writing, and any
determination by the Administrator shall be subject to the appeals procedure set forth in
subsection L of this Section.
b. For each request for a credit or credits for fire impact fees, the Administrator shall
select an appraiser from a list of independent appraisers to determine for the City the
value of the dedicated land, improvements, or construction provided by the developer on
a case-by-case basis.
c. Unless approved otherwise, the appraiser must be a member of the American Institute
of Appraisers and be licensed in good standing pursuant to chapter 18.40 RCW et seq. in
the category for the property or improvement to be appraised, and shall not have a
fiduciary or personal interest in the property being appraised.
d. The Administrator will accept or reject the appraisal, and any decision by the
Administrator may be subject to independent review by the Hearing Examiner.
e. The payer shall pay the actual costs for the appraisal and an independent review, if
required, unless the Administrator determines that payment for independent review
should not be at the fee payer’s expense.
f. After considering the appraisal and the review, the Administrator shall provide the
applicant with a written determination setting forth the dollar amount of any credit, the
reason for the credit, the legal description of the real property dedicated where applicable,
and the legal description or other adequate description of the project or development to
which the credit may be applied. The fee payer must sign and date a duplicate copy of
such determination accepting the terms of the letter or certificate, and return such signed
document to the Administrator before the impact fee credit will be awarded. The failure
of the fee payer to sign, date, and return such document within sixty (60) calendar days of
the date of the determination shall nullify the credit.
g. No credit shall be given for project improvements.
3. Past Tax Payments: A fee payer may request a credit or credits for impact fees previously
awarded for past tax payments. The Administrator shall determine the amount of credits, if any,
for past tax payments for system improvements.
4. Appeals: The Administrator’s determinations pursuant to this Section shall be subject to the
appeals procedures set forth in subsection L of this Section.
21.03.110 Adjustments for future tax payments and other revenue sources.
Pursuant to and consistent with the requirements of RCW 82.02.060 the Rate Studies have
provided adjustments for future taxes to be paid by the development activity which are
earmarked or prorated according to the same new public facilities which will serve the new
development. The impact fees in the City of Moses Lake Fee Schedule have been reasonably
adjusted for taxes and other revenue sources which are anticipated to be available to fund public
improvements.
21.03.120 Appeals.
1. Process: Appeals to the Hearing Examiner shall be taken in accord with the processes set
forth in MLMC 18.80.
2. Authority: The Hearing Examiner is authorized to make findings of fact regarding the
applicability of the impact fees to a given development activity, the availability or amount of the
credit, or the accuracy or applicability of an independent fee calculation. There is a presumption
of validity of the Administrator’s determination. The fee payer has the burden of proof during
any appeal of the Administrator’s determination or decision.
3. Decisions: The Hearing Examiner may, so long as such action is in conformance with the
provisions of this Section, reverse, affirm, modify or remand, in whole or in part, the
Administrator’s determinations with respect to the amount of the impact fees imposed or the
credit awarded.
21.03.130 Establishment of impact fee accounts.
1. Fee Accounts: The City shall establish the following separate impact fee accounts for the
impact fees collected pursuant to this Section: Moses Lake Fire Department. Funds withdrawn
from the accounts must be used in accordance with the provisions of this Section and applicable
State law. Interest earned on the fees shall be retained in the accounts and expended for the
purposes for which the impact fees were collected. Impact fee receipts shall be earmarked
specifically and deposited in the appropriate interest-bearing impact fee accounts.
2. Fire Fees Encumbered: Fire impact fees shall be expended or encumbered within ten (10)
years of receipt, unless the Council identifies in written findings extraordinary and compelling
reasons for the City to hold the fees beyond the ten (10) year period, pursuant to RCW
82.02.070(3).
21.03.140 Administrative guidelines.
The Administrator is authorized to adopt internal guidelines for the administration of impact
fees, which may include the adoption of procedural rules to clarify or further the procedural rules
set forth in this Section.
21.03.150 Refunds and offsets.
1. Failure to Expend or Encumber: If there is a failure by the City to expend or encumber the
respective impact fees unless extraordinary or compelling reasons are established pursuant to
subsection M of this Section the current owner of the property on which impact fees have been
paid may receive a refund of such fees. In determining whether impact fees have been expended
or encumbered, impact fees shall be considered expended or encumbered on a first in, first out
basis. Potential claimants shall be notified by first-class mail deposited with the United States
Postal Service at the last known address of such claimants. A potential claimant must be the
current owner of record of the real property against which the impact fees were assessed. The
City shall notify potential fire impact fee claimants.
a. Fire impact fees are eligible for a refund if they have not been expended or
encumbered by the City within ten (10) years of the date the fees were paid.
2. Timing of Request: Owners seeking a refund of impact fees must submit a written request for
a refund of the fees to the Administrator within one year of the date the right to claim the refund
arises or the date that notice is given, whichever is later.
3. Fees Not Refunded: Any impact fees for which no application for a refund has been made
within this one-year period shall be retained by the City and expended on the system
improvements for which they were collected.
4. Interest Earned: Refunds of impact fees under this subsection shall include any interest
earned on the impact fees by the City.
5. Termination of Program: When the City seeks to terminate any or all components of the
impact fee program, all unexpended or unencumbered funds from any terminated component or
components, including interest earned and including any fire impact fees held by the City, shall
be refunded pursuant to this Section. Upon the finding that any or all fee requirements are to be
terminated, the City shall place notice of such termination and the availability of refunds in a
newspaper of general circulation at least two (2) times and shall notify all potential claimants by
first-class mail at the last known address of the claimants. All funds available for refund shall be
retained for a period of one year. At the end of one year, any remaining funds shall be retained
by the City, but must be expended for the public facilities for which the impact fees were
collected. This notice requirement shall not apply if there are no unexpended or unencumbered
balances within the account or accounts being terminated.
6. Refunds and Offsets for Development Not Constructed: The City shall also refund to the
current owner of property for which impact fees have been paid all impact fees paid, including
interest earned on the impact fees, if the development activity for which the impact fees were
imposed did not occur; provided, however, that, if the City has expended or encumbered the
impact fees in good faith prior to the application for a refund, the Administrator may decline to
provide the refund. If, within a period of three (3) years, the same or subsequent owner of the
property proceeds with the same or substantially similar development activity, the owner can
petition the Administrator for an offset in the amount of the fee originally paid and not refunded.
The petitioner must provide receipts of impact fees previously paid for a development activity of
the same or substantially similar nature on the same real property or some portion thereof. The
Administrator’s determinations shall be in writing and shall be subject to the appeals procedures
set forth in subsection L of this Section.
21.03.160 Use of impact fees.
1. Pursuant to this Section, impact fees:
a. Shall be used for system improvements that will reasonably benefit the new
development activity;
b. Shall not be imposed to make up for deficiencies in public facilities; and
c. Shall not be used for maintenance or operation.
2. Fire impact fees:
a. May be spent for fire protection facilities as herein defined and, including, but not
limited to, planning, land acquisition, right-of-way acquisition, site improvements,
necessary off-site improvements, construction, engineering, architectural, permitting,
financing, and administrative expenses, applicable impact fees or mitigation costs, and
any other expenses which can be capitalized.
b. May also be used to recoup system improvement costs previously incurred by the City
to the extent that new growth and development will be served by the previously
constructed improvements or incurred costs.
3. Debt Service: In the event that bonds or similar debt instruments are or have been issued for
the advanced provision of system improvements for which impact fees may be expended, such
impact fees may be used to pay debt service on such bonds or similar debt instruments to the
extent that the facilities or improvements provided are consistent with the requirements of this
Section.
21.03.170 Review and adjustment of rates.
1.Fire Impact Fees:
The fees and rates set forth in the Rate Study may be reviewed and updated by the
Council as it deems necessary and appropriate in conjunction with the budget process so
that adjustments, if any, will be effective at the first of the calendar year subsequent to
budget period under review.
21.03.180 Administrative fees.
1.Deferred Fees: Each application for a deferral of payment of residential impact fees, either
under subsection G7 of this Section, shall pay a nonrefundable administrative deferral fee of
eighty five dollars ($85.00) for each lot, single detached dwelling unit, or condominium unit and
eighty five dollars ($85.00) for each multi-family residential building. The fee shall be paid at
the time the application for deferral is submitted to the City.
2.Independent Fee Calculations: Any fee payer submitting an independent fee calculation shall
pay a fee to cover the cost of reviewing the independent fee calculation. The fee shall be five
hundred dollars ($500.00), unless otherwise established by the Administrator and shall be paid
by the fee payer at submittal of the independent fee calculation.
3.Appeals: Any fee payer filing an appeal of impact fees shall pay the fee set by the City for
appeals of administrative interpretations and decision. The appeal fee shall be paid at the time of
filing of the appeal.
4.Account Established: Administrative fees shall be deposited into a separate administrative
fee account within the impact fee account(s). Administrative fees shall be used to defray the
actual costs associated with the assessment, collection, administration and update of the impact
fees.
5.Refunds, Waivers, and Credits: Administrative fees shall not be refundable, shall not be
waived, and shall not be credited against the impact fees.
21.03.190 Existing authority unimpaired.
Nothing in this Section shall preclude the City from requiring the fee payer or the proponent of a
development activity to mitigate adverse environmental impacts of a specific development
pursuant to SEPA, chapter 43.21C RCW, based on the environmental documents accompanying
the underlying development approval process, and/or chapter 58.17 RCW, governing plats and
subdivisions.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and
publication of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on
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: December 2, 2019
Date Effective: December 7, 2019
Rate Study
For
Impact Fees
For
Fire Protection
Moses Lake Council Packet 11-26-19, Page 86 of 206
City of Moses Lake, Washington
TABLE OF CONTENTS
1. Introduction…………………………………………………………………………………………………page 7
2. Statutory Basis and Methodology………………………………………………………………..page 9
3. Fire Impact Fees…………………………………………………………………………………………..page 16
List of Variables
Variable Title Page
A Fire Apparatus 16
B Emergency Responses 17
C Fire Stations 18
D Apparatus Cost 18
E Useful Service Life 19
F Apparatus Percent of Fire
Responses
20
G Station Cost per Square Foot 22
H Annual Emergency Fire
Incidents at Land Use Types
24
I Number of Dwelling Units or
Square Feet
26
J Adjustments for Revenue
Credits
57
Moses Lake Council Packet 11-26-19, Page 87 of 206
List of Formulas
Formula Title Page
F-1 Inventory and Emergency
Responses
16
F-2 Annual Cost Per Apparatus 18
F-3 Cost per Apparatus per Fire or
Medical Incident
19
F-4 Total Apparatus Cost per Fire
Incident
20
F-5 Annual Station Cost 22
F-6 Station Cost Per Fire and
Medical Incident
23
F-7 Annual Fire Incident Rate Per
Unit of Development
24
F-8 Fire Incident Capital Cost Per
Unit of Development
29
F-9 Cost per Apparatus per Fire or
Medical Incident
41
F-10 Apparatus Cost per Medical
Incident
41
F-11 Station Cost per Fire and
Medical Incident
43
F-12 Annual Medical Incident Rate
per Unit of Development
43
F-13 Medical Incident Capital Cost
per Unit of Development
48
F-14 Fire and Medical Cost per Unit
of Development
55
F-15 Adjustments and Impact Fees 57
Moses Lake Council Packet 11-26-19, Page 88 of 206
List of Tables
Table Title Page
1 Fire Protection Apparatus
Inventory
17
2 Fire and Medical Building
Inventory
18
3 Annualized Apparatus Cost 19
4 Apparatus Cost per Response 20
5 Annual Fire and Medical
Incidents
21
6 Fire Incident Response by
Type of Apparatus
21
7 Total Apparatus Cost per Fire
Incident
22
8 Annualized Station Cost per
Square Foot
23
9 Station Cost per Fire and
Medical Incident
24
10 Fire Incidents 25
11 Fire Incidents at Specific Land
Uses
26
12 Traffic Related Fire Incidents
(Allocated to Land Uses)
27
13 Total Annual Fire Incidents by
Land Use
28
14 Annual Fire Incidents By Land
Use
29
15 Engine Cost of Responses to
Fire Incidents at Land Use
Categories
30
16 Ladder Cost of Responses to
Fire Incidents at Land Use
Categories
31
17 Medic Vehicle Cost of
Responses to Fire Incidents at
Land Use Categories
32
18 Brush Truck Cost of Responses
to Fire Incidents at Land Use
33
19 Staff Vehicle Cost of
Responses to Fire Incidents
34
Moses Lake Council Packet 11-26-19, Page 89 of 206
Table Title Page
20 Tender Cost of Responses to
Fire Incidents and Land Use
Categories
35
21 Squad Cost of Responses to
Fire Incidents and Land Use
Categories
36
22 Rescue Vehicle Cost of
Responses to Fire Incidents
and Land Use Categories
37
23 Other Apparatus / Equipment
Cost of Responses to Fire
Incidents and Land Use
Categories
38
24 Fire Station Cost of Responses
to Fire Incidents and Land Use
Categories
39
25 Example of Calculation of
Total Capital Cost for a
Residential Unit
40
26 Total Capital Cost of
Responses to Fire Incidents at
Land Use Categories
40
27 Medical Incident Response by
Type of Apparatus
42
28 Total Apparatus Cost per
Medical Incident
42
29 Medical Incidents 43
30 Medical Incidents at Specific
Land Uses
44
31 Traffic Related Medical
Incidents (Allocated to Land
Uses)
45
32 Total Annual Medical
Incidents by Land Use
46
33 Annual Medical Incidents by
Land Use
47
34 Engine Cost of Responses to
Medical Incidents at Land Use
Categories
49
35 Medic Unit Cost of Responses
to Medical Incidents at Land
Use Categories
50
Moses Lake Council Packet 11-26-19, Page 90 of 206
Table Title Page
36 Squad Cost of Responses to
Medical Incidents at Land Use
Categories
51
37 Staff Unit Cost of Responses
to Medical Incidents at Land
Use Categories
52
38 Other Apparatus & Equipment
Cost of Responses to Medical
Incidents at Land Use
Categories
53
39 Fire Station Cost of Responses
to Medical Incidents at Land
Use Categories
54
40 Total Capital Cost of
Responses to Medical
Incidents at Land Use
Categories
55
41 Total Cost of Response to Fire
and Medical Incidents by Land
Use Category
56
42 Fire Impact Fees by Land Use 58
Moses Lake Council Packet 11-26-19, Page 91 of 206
1. Introduction
The purpose of this study is to establish the rates for fire protection facilities (fire)
impact fees in the City of Moses Lake, Washington as authorized by RCW 82.02.090(7).
SUMMARY OF IMPACT FEE RATES
Impact fees are paid by all types of new development1. Impact fee rates for new
development are based on, and vary according to the type of land use. The following
table summarizes the impact fee rates for several frequently used land use categories.
Rates for other non-residential development are presented in the sections of this study
for each type of public facility.
IMPACT FEE RATE
Type of Development Unit Fee
Single – Family Dwelling unit $708.29
Multi-Family Dwelling unit $708.29
Medical Facilities
Hospitals & Clinics Square Foot $4.45
Skilled Nursing & LC Square Foot $7.60
Hotel-Motel Square Foot $0.73
Office Square Foot $0.33
Retail (shopping) Square Foot $0.48
Industrial Square Foot $0.44
Restaurant Square Foot $0.45
Churches Square Foot $0.96
Education Square Foot $0.54
IMPACT FEES VS. OTHER DEVELOPER CONTRIBUTIONS
Impact fees are charges paid by new development to reimburse local governments for the
capital cost of public facilities that are needed to serve new development and the people who
occupy or use the new development. Throughout this study, the term “developer” is used as a
shorthand expression to describe anyone who is obligated to pay impact fees, including
builders, owners, or developers.
Local governments charge impact fees for several reasons: 1) to obtain revenue to pay for some
of the cost of new public facilities; 2) to implement a public policy that new development
should pay a portion of the cost of facilities that it requires, and that existing development
should not pay all of the cost of such facilities; and 3) to assure that adequate public facilities
will be constructed to serve new development.
Moses Lake Council Packet 11-26-19, Page 92 of 206
1 The impact fee ordinance may specify exemptions for low income housing and / or “broad public purposes”, but such
exemptions must be paid for by public money, not other impact fees. The ordinance may specify if impact fees apply to changes
in use, remodeling, etc.
The impact fees that are described in this study do not include any other forms of developer
contributions or exactions, such as: mitigation or voluntary payments authorized by SEPA (the
State Environmental Policy Act, RCW 43.21C); system development charges for water and
sewer authorized for utilities (RCW 35.92 for municipalities, 56.16 for sewer districts, and
57.08for water districts); local improvement districts or other special assessment districts;
linkage fees; or land donations or fees in lieu of land.
ORGANIZATION OF THE STUDY
This impact fee rate study contains three chapters:
• Chapter 1 provides a summary of impact fee rates for frequently used land use
categories, and other introductory materials.
• Chapter 2 summarizes the statutory requirements for developing impact fees, and
describes the compliance with each requirement.
• Chapter 3 presents impact fees for fire, and presents the formulas, variables and data
that are the basis for the fees, and documents the calculation of the fees. The
methodology is designed to comply with the requirements of Washington State Law.
Moses Lake Council Packet 11-26-19, Page 93 of 206
2. Statutory Basis and Methodology
This chapter summarizes the statutory requirements for impact fees in the State of
Washington, and describes how the City of Moses Lake’s impact fees comply with the statutory
requirements.
STATUORY REQUIREMENTS FOR IMPACT FEES
The Growth Management Act of 1990 (Chapter 17, Washington Laws, 1990, 1st Ex. Sess.)
authorizes local governments in Washington to charge impact fees. RCW 82.02.050 – 82.02.090
contain the provisions of the Growth Management Act that authorize and describe the
requirements for impact fees.
The impact fees that are described in this study are not mitigation payments authorized by the
State Environmental Policy Act (SEPA). There are several important differences between impact
fees and SEPA mitigations. Three aspects of impact fees that are particularly noteworthy are: 1)
the ability to charge for the cost of public facilities that are “system improvements” (i.e., that
provide service to the community at large) as opposed to “project improvements” (which are
“on-site” and provide service for a particular development); 2) the ability to charge small-scale
development their proportionate share, whereas SEPA exempts small developments; and 3) the
predictability and simplicity of impact fee rate schedules compared to the cost, time and
uncertain outcome of SEPA reviews conducted on a case by case basis.
The following synopsis of the most significant requirements of the law includes citations to the
Revised Code of Washington as an aid to readers who wish to review the exact language of the
statutes.
Types of Public Facilities
Four types of public facilities can be the subject of impact fees: 1) public transportation and
roads: 2) publicly owned parks, open space and recreation facilities; 3) school facilities; and 4)
fire protection facilities (in jurisdictions such as Moses Lake that are not part of a fire district).
RCW 82.02.050(2) and (4), and RCW 82.02.090(7)
Types of Improvements
Impact fees can be spent on “system improvements” (which are typically outside the
development), as opposed to “project improvements” (which are typically provided by the
developer on-site within the development). RCW 82.02.050(3)(a) and RCW 82.02.090(6) and (9)
Moses Lake Council Packet 11-26-19, Page 94 of 206
Benefit to Development
Impact fees must be limited to system improvements that are reasonably related to, and which
will benefit new development. RCW 82.02.050(3)(a) and (c). Local governments must establish
reasonable service areas (one area, or more than one, as determined to be reasonable by the
local government), and local governments must develop impact fee rate categories for various
land uses. RCW 82.02.060(6)
Proportionate Share
Impact fees cannot exceed the development's proportionate share of system improvements
that are reasonably related to the new development. The impact fee amount shall be based on
a formula (or other method of calculating the fee) that determines the proportionate share.
RCW 82.02.050(3)(b) and RCW 82.02.060(1)
Reductions of Impact Fee Amounts
Impact fees rates must be adjusted to account for other revenues that the development pays (if
such payments are earmarked for or proratable to particular system improvements). RCW
82.02.050(1)(c) and (2) and RCW 82.02.060(1)(b) Impact fees may be credited for the value of
dedicated land, improvements or construction provided by the developer (if such facilities are
in the adopted CFP as system improvements eligible for impact fees and are required as a
condition of development approval). RCW 82.02.060(3)
Exemptions from Impact Fees
Local governments have the discretion to provide exemptions from impact fees for low-income
housing and other "broad public purpose" development, but all such exempt fees must be paid
from public funds (other than impact fee accounts). RCW 82.02.060(2)
Developer Options
Developers who are liable for impact fees can submit data and or/analysis to demonstrate that
the impacts of the proposed development are less than the impacts calculated in this rate
study. RCW 82.02.060(5). Developers can pay impact fees under protest and appeal impact fee
calculations. RCW 82.02.060(4) and RCW 82.02.070(4) and (5). The developer can obtain a
refund of the impact fees if the local government fails to expend or obligate the impact fee
payments within 10 years, or terminates the impact fee requirement, or the developer does not
proceed with the development (and creates no impacts). RCW 82.02.080
Capital Facilities Plans
Impact fees must be expended on public facilities in a capital facilities plan (CFP) element or
used to reimburse the government for the unused capacity of existing facilities. The CFP must
conform to the Growth Management Act of 1990, and must identify existing deficiencies in
facility capacity for current development, capacity of existing facilities available for new
development, and additional facility capacity needed for new development. RCW 82.02.050(4),
RCW 82.02.060(7), and RCW 82.02.070(2)
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New Versus Existing Facilities
Impact fees can be charged for new public facilities (RCW 82.02.060(1)(a) and for the unused
capacity of existing public facilities (RCW 82.02.060(7) subject to the proportionate share
imitation described above.
Accounting Requirements
The local government must separate the impact fees from other monies, expend or obligate the
money on CFP projects within 10 years, and prepare annual reports of collections and
expenditures. RCW 82.02.070(1)-(3)
Compliance With Statutory Requirements for Impact Fees
Many of the statutory requirements listed above are fulfilled in Chapters 3 of this study that
present the calculation of each type of impact fee. Some of the statutory requirements are
fulfilled in other ways, as described below.
Types of Public Facilities
This study contains impact fees for fire protection facilities, which is one of the four types of
public facilities authorized by statute: transportation, parks and fire.
In general, local governments that are authorized to charge impact fees are responsible for
specific public facilities for which they may charge such fees. The City of Moses Lake is legally
and financially responsible for the fire facilities it owns and operates within its jurisdiction. In no
case may a local government charge impact fees for private facilities, but it may charge
impact fees for some public facilities that it does not administer if such facilities are "owned or
operated by government entities" (RCW 82.02.090 (7).
Types of Improvements
The impact fees in this study are based on system improvements that are described in Chapter
3 for fire protection facility impact fees. No project improvements are included in this study.
The public facilities that can be paid for by impact fees are "system improvements” (which are
typically outside the development), and "designed to provide service to service areas within the
community at large" as provided in RCW 82.02.050(9)), as opposed to "project improvements"
(which are typically provided by the developer on-site within the development or adjacent to
the development), and "designed to provide service for a development project, and that are
necessary for the use and convenience of the occupants or users of the project" as provided in
RCW 82.02.050(6). The capital improvements costs contained in Chapter 3 complies with these
requirements.
Impact fee revenue can be used for the capital cost of public facilities. Impact fees cannot be
used for operating or maintenance expenses. The cost of public facilities that can be paid for by
impact fees include design studies, engineering, land surveys, land and right of way acquisition,
engineering, permitting, financing, administrative expenses, construction, applicable mitigation
costs, and capital equipment pertaining to capital improvements.
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Benefit to Development, Proportionate Share and Reductions of Fee Amounts
The law imposes three tests of the benefit provided to development by impact fees: 1)
proportionate share, 2) reasonably related to need, and 3) reasonably related to expenditure
(RCW 80.20.050(3)). In addition, the law requires the designation of one or more service areas
(RCW 82.02.060(6)
1. Proportionate Share.
First, the "proportionate share" requirement means that impact fees can be charged only for
the portion of the cost of public facilities that is "reasonably related" to new development. In
other words, impact fees cannot be charged to pay for the cost of reducing or eliminating
efficiencies in existing facilities.
Second, there are several important implications of the proportionate share requirement that
are not specifically addressed in the law, but which follow directly from the law:
• Costs of facilities that will benefit new development and existing users must be apportioned
between the two groups in determining the amount of the fee. This can be accomplished in
either of two ways: (1) by allocating the total cost between new and existing users, or (2)
calculating the cost per unit and applying the cost only to new development when calculating
impact fees.
• Impact fees that recover the costs of existing unused capacity should be based on the
government's actual cost. Carrying costs may be added to reflect the government's actual or
imputed interest expense.
The third aspect of the proportionate share requirement is its relationship to the requirement
to provide adjustments and credits to impact fees, where appropriate. These requirements
ensure that the amount of the impact fee does not exceed the proportionate share.
• The "adjustments" requirement reduces the impact fee to account for past and future
payments of other revenues (if such payments are earmarked for, or proratable to, the system
improvements that are needed to serve new growth). Each impact fee calculated in this study
includes an adjustment that accounts for any other revenue that is paid by new development
and used by the City to pay for a portion of growth’s proportionate share of costs. This
adjustment is in response to the limitations in RCW 82.02.060 (1)(b) and RCW 82.02.050(2).
• The "credit" requirement reduces impact fees by the value of dedicated land, improvements
or construction provided by the developer (if such facilities are in the adopted CFP, identified as
the projects for which impact fees are collected, and are required as a condition of
development approval). The law does not prohibit a local government from establishing
reasonable constraints on determining credits. For example, the location of dedicated land and
the quality and design of donated street, park or fire public facilities
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3. Reasonably Related to Need.
There are many ways to fulfill the requirement that impact fees be "reasonably related" to the
development's need for public facilities, including personal use and use by others in the family
or business enterprise (direct benefit), use by persons or organizations who provide goods or
services to the fee-paying property or are customers or visitors at the fee paying property
(indirect benefit), and geographical proximity (presumed benefit). These measures of
relatedness are implemented by the following techniques:
• Impact fees are charged to properties which need (i.e., benefit from) new public facilities. The
City of Moses Lake provides its infrastructure to all kinds of property throughout the City,
therefore impact fees have been calculated for all types of property.
• The relative needs of different types of growth are considered in establishing fee amounts
(i.e., different impact values for different types of land use). Chapter 3 uses different
emergency response rates for each type of land use.
• Feepayers can pay a smaller fee if they demonstrate that their development will have less
impact than is presumed in the impact fee schedule calculation for their property classification.
Such reduced needs must be permanent and enforceable (i.e., via land use restrictions).
3. Reasonably Related to Expenditures.
Two provisions of Moses Lake’s impact fee ordinance comply with the requirement that
expenditures be "reasonably related" to the development that paid the impact fee. First, the
requirement that fee revenue must be earmarked for specific uses related to public facilities
ensures that expenditures are on specific projects, the benefit of which has been demonstrated
in determining the need for the projects and the portion of the cost of needed projects that are
eligible for impact fees as described in this study. Second, impact fee revenue must be
expended or obligated within 10 years, thus requiring the impact fees to be used to benefit to
the feepayer and not held by the City.
4. Service Areas for Impact Fees
Impact fees in some jurisdictions are collected and expended within service areas that are
smaller than the jurisdiction that is collecting the fees. Impact fees are not required to use
multiple service areas unless such “zones” are necessary to establish the relationship between
the fee and the development. Because of the size of the City of Moses Lake and the accessibility
of its fire systems to all property within the City, Moses Lake’s fire systems serve the entire City,
therefore the impact fees are based on a single service area corresponding to the boundaries of
the City of Moses Lake.
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Exemptions
The City’s impact fee ordinance addresses the subject of exemptions. Exemptions do not affect
the impact fee rates calculated in this study because of the statutory requirement that any
exempted impact fee must be paid from other public funds. As a result, there is no increase in
impact fee rates to make up for the exemption because there is no net loss to the impact fee
account as a result of the exemption.
Developer Options
A developer who is liable for impact fees has several options regarding impact fees. The
developer can submit data and or/analysis to demonstrate that the impacts of the proposed
development are less than the impacts calculated in this rate study. The developer can appeal
the impact fee calculation by the City of Moses Lake. If the local government fails to expend the
impact fee payments within 10 years of receipt of such payments, the developer can obtain a
refund of the impact fees. The developer can also obtain a refund if the development does not
proceed and no impacts are created. All of these provisions are addressed in the City’s impact
fee ordinance, and none of them affect the calculation of impact fee rates in this study.
Capital Facilities Plan
There are references in RCW to the “capital facilities plan” (CFP) as the basis for projects that
are eligible for funding by impact fees. Cities often adopt documents with different titles that
fulfill the requirements of RCW 82.02.050 et. seq. pertaining to a “capital facilities plan”. The
Capital Facilities Plan Element of the City’s Comprehensive Plan fulfill the requirements in RCW,
and are considered to be the “capital facilities plan” (CFP) for the purpose of this impact fee
rate study. In addition, the City’s Capital Investment Program (CIP) section of the City’s Budget
provides up-to date and detailed information about the projects in the CFP. The Fire
Department also produces an annual update of capital improvements within the fire
department as part of the department’s annual report.
The requirement to identify existing deficiencies, capacity available for new development, and
additional public facility capacity needed for new development is determined by analyzing
levels of service for each type of public facility. Chapter 3 provides this analysis for fire impact.
New Versus Existing Facilities, Accounting Requirements
Impact fees must be spent on capital projects contained in an adopted capital facilities plan, or
they can be used to reimburse the government for the unused capacity of existing facilities.
Impact fee payments that are not expended or obligated within 10 years must be refunded
unless the City Council makes a written finding that an extraordinary and compelling reason
exists to hold the fees for longer than 10 years. In order to verify these two requirements,
impact fee revenues must be deposited into separate accounts of the government, and annual
reports must describe impact fee revenue and expenditures. These requirements are addressed
by Moses Lake’s impact fee ordinance, and are not factors in the impact fee calculations in this
study.
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Data Sources
The data in this study of impact fees in Moses Lake, Washington was provided by the City of
Moses Lake, unless a different source is specifically cited.
Data Rounding
The data in this study was prepared using computer spreadsheet software. In some tables in
this study, there may be very small variations from the results that would be obtained using a
calculator to compute the same data. The reason for these insignificant differences is that the
spreadsheet software was allowed to calculate results to more places after the decimal than is
reported in the tables of these reports. The calculation to extra places after the decimal
increases the accuracy of the end results, but causes occasional minor differences due to
rounding of data that appears in this study.
Moses Lake Council Packet 11-26-19, Page 100 of 206
3. FIRE IMPACT FEES
Impact fees for fire protection facilities begin with an inventory of fire apparatus and stations
and the number of emergencies they responded to. Next is an analysis of the capital cost of fire
protection apparatus and stations including calculation of the capital cost per response. The
emergency responses are summarized according to the types of land uses that received
responses, and incident rates are calculated to quantify the average number of emergency
responses per unit of development for each type of land use. The costs per response and the
response incident rates are used to calculate the number and cost of responses to fire incidents
and to BLS incidents (basic life support medical responses) at each type of land use. The fire and
BLS cost per unit of development are combined to calculate the total cost per unit of
development. The total cost is adjusted for payments of other and the result is the fire impact
fee rates for the City of Moses Lake.
These steps are described below in the formulas, descriptions of variables, tables of data, and
explanation of calculations of fire impact fees. The need for fire protection facilities is
influenced by a variety of factors, such as response time, call loads, geographical area,
topographic and manmade barriers, and performance standards established by the Moses Lake
City Council, and the National Commission on the Accreditation of Ambulance Services.
For the purpose of quantifying the need for fire and BLS apparatus and stations to serve growth
this study uses the ratio of apparatus and stations to incidents. The current ratio provides
acceptable levels of service. As growth occurs, more incidents will occur, therefore more
apparatus and stations will be needed to maintain standards.
Formula F-1: Inventory and Emergency Responses
The City of Moses Lake owns a variety of fire apparatus (i.e., fire engines, ladder truck, medic
units, etc.). Each vehicle responds to many emergencies. The average number of emergency
responses per apparatus is used as one element in calculating the cost per emergency
response.
F-1. Emergency Responses ÷ Fire Apparatus = Responses per Apparatus
There are three variables that require explanation: (A) fire apparatus, (B) emergency responses,
and (C) fire stations.
Variable (A): Fire Apparatus
The term “fire apparatus” applies to vehicles that the City of Moses Lake uses for two
categories of emergency responses: fire emergencies and medical emergencies. The medical
emergencies will be referred to in this study as “ALS”
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because the Moses Lake Fire Department provides Advanced Life Support (ALS) responses and
is typically the first responder to medical emergencies in Moses Lake. Table 1 contains a list of
each type of primary fire apparatus and the number of each type. Moses Lake also has several
older “reserve” apparatus that are dispatched as needed when a primary apparatus is out of
service for repairs or maintenance. The reserve apparatus are not routinely dispatched and are
excluded from the impact fee analysis because they are not used frequently enough to have a
material effect on the cost of providing fire protection facilities.
Variable (B): Emergency Responses
The annual responses for each apparatus type is shown in Table 1. The average number of
emergency responses for each type of apparatus is calculated by dividing the number of annual
emergency responses by the number of units making those runs. In many cases, more than one
apparatus is dispatched to an emergency incident. The number and type of apparatus
dispatched to each incident varies depending on the type and severity of the incident.
During 2015, Moses Lake’s 4 primary response apparatus were dispatched a total of
5,413 times to 3,895 emergency incidents (many times the seriousness of an incident requires
that more than one unit respond). Using the existing ratio of apparatus and station space per
incident maintains the current level of service and avoids any existing deficiency or unused
reserve capacity. This approach satisfies the requirements of RCW 82.02.050(4) to determine
whether or not there are any existing deficiencies or reserve capacity in order to ensure that
impact fees are not charged for any deficiencies or reserve capacity (other than
reimbursement fees).
TABLE 1: Fire Protection Apparatus Inventory
Type of Apparatus Primary Apparatus Inventory Annual Emergency Responses Average Emergency Response Per unit
Engine 4 1,100 275
Ladder 1 411 411
Medic Unit 5 3,442 688
Brush Truck 2 38 19
Squad 1 58 58
Rescue 1 10 10
Tender 2 12 6
Staff Vehicles 4 488 122
Other2 5 8 2
----------------------------------------------------------------------
2 Other apparatus and equipment include 3 specialized trailers, a boat, and a support unit.
Moses Lake Council Packet 11-26-19, Page 102 of 206
Variable (C): Fire Stations
The City of Moses Lake provides fire and ALS services out of 2 stations. Table 2 lists the stations
and the square footage of fire stations and support facilities. Table 12 also shows the total fire
and medical incidents, and the average square footage of fire station per incident (calculated by
dividing the total square footage of all fire stations by the number of annual fire and medical
incidents). The total incidents from stations (Table 2) is less than the total incidents from
apparatus (Table 1) because more than one apparatus responds to many calls, but often one
station is the source of all the apparatus responding to a call.
Table2: Fire and Medical Building Inventory
Station Fire Station Inventory (Square Feet)
Annual Incidents Square Feet Per Incident
1-E 3rd AVE 21,200 2294 9.25
2-W Broadway AVE 7,112 1148 6.2
Training Facility-E
3rd AVE
2,262 0 0
Total 30,574 3,442 8.88
Formula F-2: Annual Cost Per Apparatus
Formulas F-2 through F-4 are needed to calculate the apparatus cost per fire incident. The first
step in this calculation is to identify and annualize the cost of each type of apparatus using
formula F-2. The capital cost per apparatus is based on the cost of primary response apparatus
and major support equipment. The annualized capital cost per apparatus is determined by
dividing the capital cost of each type of apparatus by its useful life:
F-2. Fire Apparatus Cost ÷ Useful Life = Annual Cost per Apparatus
There are two variables that require explanation: (D) fire apparatus cost, and (E) useful life.
Variable (D): Fire Apparatus Cost
Table 3 shows the annualized cost for each type of primary apparatus listed in Table 1. The cost
per apparatus includes the vehicle, fire and ALS equipment, and communication equipment.
The apparatus and equipment costs in Table 3 represent current costs to purchase a new fully
equipped apparatus.
Moses Lake Council Packet 11-26-19, Page 103 of 206
Variable (E): Useful Life
Table 3 also shows the number of years of useful life of each type of apparatus. The annualized
cost is calculated by dividing each apparatus cost by the useful life of that apparatus.
Table 3: Annualized Apparatus Cost
Type of Apparatus Total Cost per
Apparatus
Useful Life of
Component (Years)
Annual Cost (Column 2 / Column 3)
Engine $655,000 20 $32,750.00
Ladder $1,400,000 20 $70,000.00
Medic Unit $212,000 7 $30,286.00
Brush Truck $165,000 20 $8,250.00 Squad $220,000 25 $8,800.00 Rescue $200,000 20 $6,200.00 Tender $245,000 20 $12,250.00 Staff Vehicles $55,000 10 $5,500.00 Other2 $40,000 10 $4,000.00
Formula F-3: Cost Per Apparatus Per Fire or Medical Incident
The second step in calculating the apparatus cost per fire incident is formula F-3. The capital
cost per fire or medical incident is calculated for each apparatus by dividing the annualized cost
per apparatus by the total annual incidents (both fire and medical) each type of apparatus
responds to. Each type of apparatus is analyzed separately because the number and type of
apparatus responding to an incident varies depending on the type and severity of the incident.
F-3. Annual Cost Per Apparatus ÷ Annual Responses Per Apparatus = Annual Apparatus Cost Per
Response
There are no new variables used in formula F-3. Both variables were developed in previous
formulas.
Moses Lake Council Packet 11-26-19, Page 104 of 206
In Table 4 the cost per emergency response is calculated for each type of apparatus. Table 4
shows the annualized cost of one of each type of apparatus (from Table 3) and the average
annual emergency responses for each type of apparatus (from Table 1). Each apparatus cost per
response is calculated by dividing the annualized cost of that type of apparatus by the total
number of annual responses for the same type of apparatus.
Table 4: Apparatus Cost per Response
Type of Apparatus Annual Apparatus Cost Average Annual Responses per
Apparatus
Apparatus Cost per Response (column 2 / column 3)
Engine $32,750.00 275 $119.09
Ladder $70,000.00 411 $170.32
Medic Unit $30,286.00 3,442 $8.80
Brush Truck $8,250.00 19 $434.21
Squad $8,800.00 58 $151.72
Rescue $6,200.00 10 $620.00
Tender $12,250.00 6 $2,041.66
Staff Vehicles $5,500.00 122 $45.08 Other $4,000.00 2 $2,000.00
Formula F-4: Total Apparatus Cost Per Fire Incident
The third step in calculating the apparatus cost per fire incident is formula F-4. The total
apparatus cost per fire incident is calculated by multiplying the apparatus cost per response by
the percent of fire incidents each type of apparatus responds to. This calculation accounts for
the fact that multiple apparatus are dispatched to many incidents, and that some apparatus are
only dispatched to specific types of incidents. The result of this calculation is a weighted
average total cost of apparatus per fire incident.
F-4. Apparatus Cost Per Response x Apparatus Percent of Fire Responses = Apparatus Cost Per
Fire Incident
There is one new variable that requires explanation: (F) apparatus percent of fire responses.
Variable (F): Apparatus Percent of Fire Responses
The next step in calculating the apparatus cost per fire incident is to identify the annual number
of incidents that Moses Lake’s Fire Department responds to.
Emergency incidents are separated into two broad categories: Fire and medical. Table 5 lists the
annual number of fire and medical incidents responded to during 2015.
Moses Lake Council Packet 11-26-19, Page 105 of 206
Table 5: Annual Fire and Medical Incidents
Type of Incident Average Annual Emergency Incidents
Fire 546 Medical 2,896
Different types of fire emergencies need different types or combinations of apparatus. As a
result, the usage of apparatus varies among the types of apparatus. This variance is an
important factor in determining the cost per incident. The percent of fire responses by each
type of apparatus is calculated in Table 6 by dividing the annual fire responses for each type of
apparatus by the total annual fire incidents from Table 5. The result of the calculation in Table
6 is the percent of fire incidents responded to by each type of apparatus. For example, engines
provided 672 responses to the 546 fire incidents, equaling 122% of all fire incidents. Another
way to understand this data is that one average fire incident involved 1.22 engines, therefore
the cost of responding to a fire incident includes 122% of the cost of an engine. Other
apparatus typically respond to only some of the incidents. Tenders for example, respond to
1.4% of fire emergency incidents, therefore the cost to respond to the average fire incident
includes 1.4% of a ladder truck.
Table 6: Fire Incident Response By Type of Apparatus
Type of Apparatus Total Annual Fire Related Responses
for Apparatus
Annual Fire Related
Incidents
Percent of Annual Fire Related Incidents
Dispatched to (Col 2/488)
Engine 672 546 122%
Ladder 411 546 75.27%
Medic Unit 508 546 93%
Brush Truck 38 546 6.9%
Squad 58 546 10.6%
Rescue 10 546 1.83%
Tender 12 546 2.2%
Staff Vehicles 488 546 89.37%
Other 10 546 1.83%
TOTAL 2,245 546 400%
The final step in calculating the apparatus cost per fire incident is shown in Table 7. The cost per
response for each type of apparatus (from Table 4) is multiplied by the percent of fire incidents
dispatched to (from Table 6) resulting in the total apparatus cost per fire incident.
Moses Lake Council Packet 11-26-19, Page 106 of 206
The “bottom line” in Table 7 is the apparatus cost per fire incident of $410.66. In other words,
every fire incident “uses up” $410.66 worth of apparatus.
Table 7: Total Apparatus Cost Per Fire Incident
Type of Apparatus Apparatus Cost per
Response
Annual Percent
of Fire Incidents
Dispatched to
Apparatus Cost per Fire
Incident (Col 1 x Col 2)
Engine $119.09 122% $145.29
Ladder $170.32 75.27% $128.20
Medic Unit $8.80 93% $8.18
Brush Truck $434.21 6.9% $29.96
Squad $151.72 10.6% $16.08
Rescue $620.00 1.83% $11.35
Tender $2,041.66 2.2% $44.92
Staff Vehicles $28.94 89.37% $25.86
Other $45.08 1.83% $0.82
TOTAL $410.66
Formula F-5: Annual Station Cost
The annual station cost is determined by dividing the station capital cost by its useful life.
F-5. Station Cost Per Square Foot ÷ Useful Life = Annual Station Cost Per Square Foot
There is one new variable that requires explanation: (G) station cost per square foot.
Variable (G): Station Cost per Square Foot
Table 8 calculates the average annualized fire station cost per square foot. The cost per square
foot is based on the average cost of a station with similar size and capability to Fire Station 2.
The current average cost of construction for a station of this size, with land, furnishings,
equipment, and lending costs is approximately $4,100,000.00
The useful life represents the length of time the station will last before it needs to be replaced.
The annualized cost is calculated by dividing the estimated cost per square foot by the average
useful life. The “bottom line” of Table 8 is an annualized station cost of $ 8.45 per square foot.
Moses Lake Council Packet 11-26-19, Page 107 of 206
Table 8: Annualized Station Cost per Square Foot
Type of Cost Cost Per Square Foot Building Useful Life (Years) Annual Building Cost per Square Foot (col 2 / col3 3)
Land $7.50
Building, Furnishings, & Equipment
$400.00
Cost of Borrowing $50.00
TOTAL $457.50 50 $9.15
Formula F-6: Station Cost Per Fire and Medical Incident
The station cost per fire and BLS incident is calculated by multiplying the annual station cost per
square foot by the station square feet per fire and BLS incident.
F-6. Annual Station Cost Per Square Foot x Station Square Feet Per Fire and Medical Incident =
Annual Station Cost Per Fire and Medical Incident
There are no new variables used in formula F-6. Both variables were developed in previous
formulas.
This calculation is shown in Table 9: the station cost per square foot (from Table 8) is multiplied
times the station square feet per incident (from Table 2). The result is the station cost of $71.83
per fire and BLS incident. In other words, each fire and BLS incident “uses up” $71.83 worth of
fire station.
Moses Lake Council Packet 11-26-19, Page 108 of 206
Table 9: Station Cost Per Fire and Medical Incident
Annual Building
Cost per Square Foot
Square Feet per
Incident
Annualized Building Cost per
Fire and Rescue Incident (col 1 x col 2)
$9.15 7.85 $71.83
Formula F-7: Annual Fire Incident Rate Per Unit Of Development
The annual fire incident rate per unit of development (i.e., dwelling unit or square foot of non-
residential development) is calculated by dividing the total annual fire incidents to each type of
land use by the number of dwelling units or square feet of non-residential development for that
type of land use.
F-7. Annual Emergency Fire Incidents at Each Type of Land Use ÷ Number of Dwelling Units
or Square Feet of Each Type of Land Use = Annual Fire Incidents Per Unit of Development
There are two variables that require explanation: (H) annual emergency fire incidents at land
use types, and (I) number of dwelling units or square feet.
Variable (H): Annual Emergency Fire Incidents at Land Use Types
The emergency incident data comes from the City’s dispatch records, data showing dwelling
units comes from the OFM State of Washington Postcensal Estimates of Housing Units, 2017,
and the square feet of non-residential development is from the Fire Department risk
management database.
The database identifies each incident by occupancy type such as residences, office or retail. The
land use categories in this study were created by combining the numerous occupancy types
into broad land use categories for impact fees, such as residences, office, retail, restaurant and
industrial/manufacturing.
During 2018, Moses Lake’s Fire Department responded to 546 fire incidents. Of the
546 fire incidents, 464 were traceable to a type of development (i.e., the incident occurred at a
specific property address, such as a residence or business) or they were traffic-related
(occurred on a roadway). Of the 546 fire incidents analyzed, 386 occurred at a specific property
and 78 were traffic related.
The records for the remaining 82 fire incidents did not allow the incident to be traced to either
a specific land use or a traffic-related incident, therefore these 82 incidents are apportioned to
Moses Lake Council Packet 11-26-19, Page 109 of 206
land uses and traffic on the same basis as the 464 incidents that are traceable. Table 10 shows
the allocation of the 82 incidents without land use designations to the property and traffic
categories using the same percentage as the 464 incidents for which a location was identifiable.
Thus 58 of the 82 fire incidents were allocated the same as the incidents at identifiable lands
uses, and the other 24 fire incidents were allocated the same as the traffic-related incidents.
Table 10: Fire Incidents
Incident Location Incidents
Identifiable by
Location
Incidents Not
Identifiable by
Location
Total Incidents
Total 464 82 546
At Properties,
percent of total
386 70.7% 58 10.6% 444
In Roads & Streets
percent of total
78 14.3% 24 4.4% 102
There are four tables on the following pages that present the allocation of fire incidents among
types of land use: Table 11 shows the fire incidents that were identifiable by land use type,
Table 12 shows the fire incidents that were traffic related. Table 13 combines the fire incident
data (land use and traffic), and Table 14 shows the fire incident rate per unit of development.
Table 11 shows the distribution of the 464 fire incidents that are traceable to a land use along
with the percent distribution of these 464 incidents. In column 4 the total fire incidents to land
use (464 traceable + 58 allocated) is allocated among the land use types using the percent
distribution column. The result is the total annual fire incidents at each of the land use types.
Moses Lake Council Packet 11-26-19, Page 110 of 206
Table 11: Fire Incidents at Specific Land Uses
Land Use Annual Fire Incidents Identifiable to Land Use
Percent of All Fire Incidents Identifiable to Land Use
Allocate 82 Incidents to Land Uses (Col 2 x 82)
Residential 184 33.7% 27
Non-Residential
Hotel/Motel/Resort
20 3.7% 3
Medical (Skilled
Nursing &LC)
27 5% 4
Hospital & Clinic 6 1% 1
Office 11 2% 2
Retail 72 13.2% 11
Restaurants 11 2% 2
Industrial 19 3.5% 3
Institutions:
Churches / non-
profit
3 0.5% 0
Education 33 6% 5
Total 386 58
Variable (I): Number of Dwelling Units or Square Feet
The traffic-related fire incidents are allocated to land uses on the basis of the amount of traffic
generated by each type of land use. In Table 12, the number of dwelling units and square feet
of non-residential construction in the City of Moses Lake is multiplied times the number of trips
that are generated by each land use type as reported in the 8th Edition of Trip Generation by
the Institute of Transportation Engineers (ITE). (The trip rates are one-half of ITE’s trip rates in
order to account for the trips each land use generates while excluding the “return” trip). The
result is the total trips associated with each land use type. The percent of trips associated with
each land use type is calculated from the total of all trips.
In the final calculation in Table 12 the total 102 annual fire incidents that are traffic-related (78
traceable + 24 allocated) is allocated among the land use types using the percent of trips
generated.
Moses Lake Council Packet 11-26-19, Page 111 of 206
Table 12: Traffic Related Fire Incidents (Allocated to Land Uses)
Land Use Moses Lake
Units of
Development
ITE Trip
Generation
Rate / 2 per
D.U. or Per
Unit of
Development
Total
Trips (col 1 x col2)
Percent of
Trips
Generated
Annual
Traffic
Related Fire
Incidents per
Unit of
Development (Col 5 x 78)
Residential 9,200 d.u 4.23228 38,937 29.16% 23
Non-Residential Hotel/Motel/Resort 732,000 Sq.Ft 0.00446 3,265 2.5% 2
Medical Care Facility 701,099 Sq. Ft .00825 5,784 4.3% 3
Commercial:
Office 2,790,000SqFt 0.00551 15,373 11.54% 9
Retail 1,723,000 SqFt 0.02147 36,993 27.7% 22
Restaurants 152,200 SqFt 0.06358 9,677 7.2% 6
Industrial 4,900,255 SqFt 0.00349 17,102 12.8% 9
Institutions:
Churches / non-
profit
345,000SqFt 0.00456 1,573 1.2% 1
Education 747,920SqFt 0.00645 4,824 3.6% 3
Total 133,528 100% 78
Moses Lake Council Packet 11-26-19, Page 112 of 206
Table 13 summarizes the results of the analysis of fire incidents. The total annual fire incidents
is a combination of the fire incidents allocated among direct responses to land use categories
(from Table 11) and the allocation of traffic related incidents based on trip generation rates
(from Table 12).
Table 13: Total Annual Fire Incidents by Land Use
Land Use Annual Fire
Incidents Direct to Land Use
Annual Traffic
Related Fire Incidents by Land Use
Total Annual Fire
Incidents by Land Use
Residential 184 23 207
Non-Residential Hotel/Motel/Resort 20 2 22
Medical Care Facility 33 3 36
Commercial:
Office 11 9 20
Retail 72 22 94
Restaurants 11 6 17
Industrial 19 9 28
Institutions:
Churches / non-profit 3 1 4
Education 33 3 36
Total 386 78 464
The final step in determining the annual fire incident rate per unit of development is shown in
Table 14. The total annual fire incidents for each type of land use (from Table 13) are divided by
the number of dwelling units or square feet of structures to calculate the annual incident rate
per dwelling unit or square foot. The units of development are the same as was used to
determine traffic-related incidents (see Table 12).
The results in Table 14 show how many times an average unit of development has a fire
incident to which the City of Moses Lake responds. For example, a residence has an average of
0.0257fire-related incidents per year. This is the same as saying that 2.57% of residential
occupancies have a fire-related incident in a year.
Moses Lake Council Packet 11-26-19, Page 113 of 206
Table 14: Annual Fire Incidents By Land Use
Land Use Total Annual Fire Incidents to Land Use
Units of Development Fire Incidents per Development
Residential 207 9.200 d.u 0.0225 per dwelling unit
Non-Residential
Hotel/Motel/Resort
22 732,000 Sq.Ft 0.00003 per sq ft
Medical Care Facility 36 701,099 Sq. Ft 0.000050 per sq ft
Commercial:
Office 20 2,790,000SqFt 0.000009500 per sq ft
Retail 94 1,723,000 Sq Ft 0.0000545 per sq ft
Restaurants 17 152,200 Sq Ft 0.0000111 per sq ft
Industrial 28 4,900.255 SqFt 0.0000057 per sq ft
Institutions:
Churches / non-
profit
4 345,000SqFt 0.0000115 per sq ft
Education 36 747,920SqFt 0.00004813 per sq ft
Total 464
Formula F-8: Fire Incident Capital Cost Per Unit Of Development
The capital cost of fire incidents per unit of development is determined by multiplying the
annual fire incidents per unit of development (from Table 14) times the annual capital cost per
fire incident of each type of apparatus (from Table 7) and fire station (from Table 8), then
multiplying that result times the useful life of the apparatus or fire station.4
F-8. Annual Fire Incidents Per Unit Of Development x Annual Cost Per Fire Incident x
Useful Life Of Apparatus or Station = Fire Incident Capital Cost Per Unit Of Development
There are no new variables used in formula F-8. All three variables were developed in previous
formulas.
4Some fire impact fees are calculated for the economic life of the property paying the impact
fee, rather than the useful life of the apparatus and stations that provide the fire protection.
Both methods meet the legal requirements for impact fees. The method used in this rate study
charges impact fees for the first of each type of apparatus and station needed for new
development, but subsequent replacements of apparatus and stations are funded by other
revenues available to the City of Moses Lake.
Moses Lake Council Packet 11-26-19, Page 114 of 206
In the tables on the following pages, each fire incident rate (from Table 14) is multiplied by the
annual capital cost per fire incident. The result is then multiplied times the useful life of the
apparatus or station to calculate the capital cost per unit of development for each type of
apparatus and station.
For example, residential units average 0.023 fire incidents per year (i.e., 2.3% of a fire incident
per year). In Table 15, multiplying this incident rate times the annual capital cost of an engine
($145.29 from Table 7) per incident indicates a cost of $2.38 per dwelling unit to provide it with
fire engines for one year.
Since an engine lasts 20 years, the residential dwelling needs to pay for 20 times the annual
rate, for a total of $65.40.
Table 15: Engine Cost of Responses to Fire Incidents at Land Use Categories
Land Use Unit of
Development
Annual Fire
Incident Rate
Engine Cost
@ $145.29
per incident Engine Life Cost
@ 20 Year Life
Residential Per Dwelling Unit 0.0225per dwelling unit $3.27 $65.40
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00003 per sq ft $0.004 $0.08
Medical Care Facility Per Sq Ft 0.000060 per sq ft $0.009 $0.18
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $.01 $0.20
Retail Per Sq Ft 0.0000354 per sq ft $0.005 $0.10
Restaurants Per Sq Ft 0.0000107 per sq ft $0.00121 $0.04
Industrial Per Sq Ft 0.000007537 per sq ft $.0001 $.02
Institutions:
Churches / non-profit Per Sq Ft 0.00007826 per sq ft $0.01 $0.20
Education Per Sq Ft 0.00003877 per sq ft $0.006 $0.12
$3.32 $66.34
Moses Lake Council Packet 11-26-19, Page 115 of 206
Table 16 calculates the capital cost per unit of development for a ladder truck responding to fire
incidents. The incident rate (from Table 14) is multiplied by the ladder’s capital cost per fire
incident ($128.20 from Table 7) The result is then multiplied times the 20-year useful life of a
ladder truck to calculate the capital cost per unit of development for ladder trucks.
Table 16: Ladder Cost of Responses to Fire Incidents at Land Use Categories
Land Use Unit of Development Annual Fire Incident Rate Ladder Cost @ $128.20 per incident Ladder Life Cost @ 20 Year Life
Residential Per Dwelling Unit 0.0225per dwelling unit $2.88 $57.60
Non-Residential
Hotel/Motel/Resort
Per Sq Ft 0.00003 per sq ft $0.004 $0.08
Medical Care Facility Per Sq Ft 0.000060 per sq ft $0.008 $0.16
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $.001 $0.02
Retail Per Sq Ft 0.0000354 per sq ft $0.0045 $0.09
Restaurants Per Sq Ft 0.0000107 per sq ft $0.0014 $0.03
Industrial Per Sq Ft 0.000007537 per sq ft $.001 $.02
Institutions:
Churches / non-profit Per Sq Ft 0.00007826 per sq ft $0.01 $0.20
Education Per Sq Ft 0.00003877 per sq ft $0.005 $0.10
$58.30
Moses Lake Council Packet 11-26-19, Page 116 of 206
Table 17 calculates the capital cost per unit of development for medic vehicles responding to
fire incidents. The incident rate is multiplied by the unit capital cost per fire incident ($8.80
from Table 7). The result is then multiplied times the 7-year useful life of an aid vehicle to
calculate the capital cost per unit of development for aid vehicles.
Table 17: Medic Vehicle Cost of Responses to Fire Incidents at Land Use
Categories
Land Use Unit of Development Annual Fire Incident Rate Medic Unit Cost @ $8.80per incident
Medic Unit Life Cost @ 7 Year Life
Residential Per Dwelling Unit 0.0225per dwelling unit $.20 $1.40
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00003 per sq ft $0.0003 $0.002
Medical Care Facility Per Sq Ft 0.000060 per sq ft $0.0005 $0.004
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $.00009 $0.0006
Retail Per Sq Ft 0.0000354 per sq ft $0.0003 $0.002
Restaurants Per Sq Ft 0.0000107 per sq ft $0.00009 $0.0006
Industrial Per Sq Ft 0.000007537 per sq ft $.00007 $.0005
Institutions:
Churches / non-profit Per Sq Ft 0.00007826 per sq ft $0.0007 $0.005
Education Per Sq Ft 0.00003877 per sq ft $0.0003 $0.002
$1.42
Moses Lake Council Packet 11-26-19, Page 117 of 206
Table 18 calculates the capital cost per unit of development for a brush truck’s response to fire
incidents. The incident rate is multiplied by the brush truck’s capital cost per fire incident
($29.96 from Table 7). The result is then multiplied times the 20-year useful life of a brush truck
to calculate the capital cost per unit of development for brush trucks.
Table 18: Brush Truck Cost of Responses to Fire Incidents at Land Use
Land Use Unit of
Development
Annual Fire
Incident Rate
Brush Truck
Cost @$29.96
per Incident
Brush Truck
Life Cost @
20 Year Life Residential Per Dwelling Unit 0.0225per dwelling unit $0.67 $13.40
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00003 per sq ft $0.0009 $0.02
Medical Care Facility Per Sq Ft 0.000060 per sq ft $0.002 $0.04
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $0.0003 $0.006
Retail Per Sq Ft 0.0000354 per sq ft $0.001 0.02
Restaurants Per Sq Ft 0.0000107 per sq ft $0.0003 0.006
Industrial Per Sq Ft 0.000007537 per sq ft $0.000191 $0.004
Institutions: Churches / non-profit Per Sq Ft 0.00007826 per sq ft $0.002 $0.04
Education Per Sq Ft 0.00003877 per sq ft $0.001 $0.02
$13.56
Moses Lake Council Packet 11-26-19, Page 118 of 206
Table 19 calculates the capital cost per unit of development for staff vehicles responding to fire
incidents. The incident rate is multiplied by the staff vehicle capital cost per fire incident
($28.94 from Table 7). The result is then multiplied times the 10 year useful life of a staff
vehicle to calculate the capital cost per unit of development for staff vehicles.
Table 19: Staff Vehicle Cost of Responses to Fire Incidents and Land Use
Categories
Land Use Unit of Development Annual Fire Incident Rate Staff Vehicle Cost @$28.94 per Incident
Staff Vehicle Life Cost @ 7 Year Life Residential Per Dwelling Unit 0.0225per dwelling unit $0.65 $4.55
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00003 per sq ft $0.0009 $0.006
Medical Care
Facility
Per Sq Ft 0.000060 per sq ft $0.004 $0.03
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $0.0002 $0.001
Retail Per Sq Ft 0.0000354 per sq ft $0.001 0.007
Restaurants Per Sq Ft 0.0000107 per sq ft $0.0003 0.002
Industrial Per Sq Ft 0.000007537 per sq ft $0.0002 $0.001
Institutions: Churches / non-profit Per Sq Ft 0.00007826 per sq ft $0.002 $0.01
Education Per Sq Ft 0.00003877 per sq ft $0.001 $0.007
$4.60
Moses Lake Council Packet 11-26-19, Page 119 of 206
Table 20 calculates the capital cost per unit of development for Tender units responding to fire
incidents. The incident rate is multiplied by the Tender capital cost per fire incident ($44.92
from Table 7). The result is then multiplied times the 20 year useful life of a Tender to calculate
the capital cost per unit of development for Tenders.
Table 20: Tender Cost of Responses to Fire Incidents and Land Use Categories
Land Use Unit of Development Annual Fire Incident Rate Tender Cost @$44.92 per Incident
Tender Vehicle Life Cost @ 20 Year Life
Residential Per Dwelling Unit 0.0225per dwelling unit $1.01 $20.20
Non-Residential
Hotel/Motel/Resort
Per Sq Ft 0.00003 per sq ft $.001 $.02
Medical Care
Facility
Per Sq Ft 0.000060 per sq ft $.003 $.06
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $.0004 $.008
Retail Per Sq Ft 0.0000354 per sq ft $.002 $.04
Restaurants Per Sq Ft 0.0000107 per sq ft $.0005 $.01
Industrial Per Sq Ft 0.000007537 per sq ft $.0003 $.006
Institutions:
Churches / non-
profit
Per Sq Ft 0.00007826 per sq ft $.004 $.08
Education Per Sq Ft 0.00003877 per sq ft $.002 $.04
$20.50
Moses Lake Council Packet 11-26-19, Page 120 of 206
Table 21 calculates the capital cost per unit of development for a Squad response to fire
incidents. The incident rate is multiplied by the Squad’s capital cost per fire incident ($16.08
from Table 7). The result is then multiplied times the 20-year useful life of a Squad to calculate
the capital cost per unit of development for Squad’s.
Table 21: Squad Cost of Responses to Fire Incidents and Land Use Categories
Land Use Unit of
Development
Annual Fire
Incident Rate
Squad Cost
@$16.08 per
Incident
Squad Life
Cost @ 20
Year Life
Residential Per Dwelling Unit 0.0225per dwelling unit $.36 $7.24
Non-Residential
Hotel/Motel/Resort
Per Sq Ft 0.00003 per sq ft $.0005 $.01
Medical Care
Facility
Per Sq Ft 0.000060 per sq ft $.001 $.02
Commercial: Office Per Sq Ft 0.000009677 per sq ft $.0002 $.003
Retail Per Sq Ft 0.0000354 per sq ft
Restaurants Per Sq Ft 0.0000107 per sq ft $.0006 $.01
Industrial Per Sq Ft 0.000007537 per sq ft $.0001 $.002
Institutions:
Churches / non-
profit
Per Sq Ft 0.00007826 per sq ft $.01 $.03
Education Per Sq Ft 0.00003877 per sq ft $.006 $.01
$7.33
Moses Lake Council Packet 11-26-19, Page 121 of 206
Table 22 calculates the capital cost per unit of development for a Rescue Vehicle response to
fire incidents. The incident rate is multiplied by the Rescue Vehicle capital cost per fire incident
($11.35 from Table 7). The result is then multiplied times the 20-year useful life of a Rescue
Vehicle to calculate the capital cost per unit of development for Rescue Vehicles.
Table 22: Rescue Vehicle Cost of Responses to Fire Incidents and Land Use
Categories
Land Use Unit of
Development
Annual Fire
Incident Rate
Rescue
Vehicle Cost @$11.35 per Incident
Rescue
Vehicle Life Cost @ 20 Year Life Residential Per Dwelling Unit 0.0225per dwelling unit $.26 $5.11
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00003 per sq ft $.0003 $.007
Medical Care
Facility
Per Sq Ft 0.000060 per sq ft $.0007 $.01
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $.0001 $.002
Retail Per Sq Ft 0.0000354 per sq ft $.0004 $.008
Restaurants Per Sq Ft 0.0000107 per sq ft $.0001 $.002
Industrial Per Sq Ft 0.000007537 per sq ft $.0009 $.002
Institutions: Churches / non-profit Per Sq Ft 0.00007826 per sq ft $.0009 $.002
Education Per Sq Ft 0.00003877 per sq ft $.0004 $.009
$5.15
Moses Lake Council Packet 11-26-19, Page 122 of 206
Table 23 calculates the capital cost per unit of development for other apparatus / equipment’s
response to fire incidents. The incident rate is multiplied by the other apparatus / equipment’s
capital cost per fire incident ($45.08 from Table 7). The result is then multiplied times the 10-
year useful life of other apparatus / equipment to calculate the capital cost per unit of
development for apparatus / equipment.
Table 23: Other Apparatus / Equipment Cost of Responses to Fire Incidents and
Land Use Categories
Land Use Unit of Development Annual Fire Incident Rate Other Apparatus / Equipment Cost @$45.08 per Incident
Other Apparatus / Equipment Life Cost @ 10 Year Life Residential Per Dwelling Unit 0.0225per dwelling unit $1.01 $10.10
Non-Residential
Hotel/Motel/Resort
Per Sq Ft 0.00003 per sq ft $.001 $.03
Medical Care
Facility
Per Sq Ft 0.000060 per sq ft $.003 $.05
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $.0004 $.009
Retail Per Sq Ft 0.0000354 per sq ft $.002 $.02
Restaurants Per Sq Ft 0.0000107 per sq ft $.0005 $.01
Industrial Per Sq Ft 0.000007537 per sq ft $.0003 $.003
Institutions: Churches / non-profit Per Sq Ft 0.00007826 per sq ft $.003 $.03
Education Per Sq Ft 0.00003877 per sq ft $.002 $.02
$10.27
Moses Lake Council Packet 11-26-19, Page 123 of 206
Table 24 calculates the capital cost per unit of development for Fire Stations that house fire
apparatus. The fire incident rate (from Table 14) is multiplied by the fire station’s capital cost
per fire and medical incident ($71.83 from Table 9). The result is then multiplied times the 50-
year useful life of fire stations to calculate the capital cost per unit of development for fire
stations.
Table 24: Fire Station Cost of Responses to Fire Incidents and Land Use
Categories
Land Use Unit of
Development
Annual Fire
Incident Rate
Fire Station
Cost @$71.83
per Incident
Fire Station
Life Cost @
50 Year Life
Residential Per Dwelling Unit 0.0225per dwelling unit $1.62 $80.81
Non-Residential
Hotel/Motel/Resort
Per Sq Ft 0.00003 per sq ft $.002 $.11
Medical Care Facility Per Sq Ft 0.000060 per sq ft $.004 $.22
Commercial: Office Per Sq Ft 0.000009677 per sq ft $.0007 $.03
Retail Per Sq Ft 0.0000354 per sq ft $.003 $.13
Restaurants Per Sq Ft 0.0000107 per sq ft $.0008 $.04
Industrial Per Sq Ft 0.000007537 per sq ft $.0005 $.03
Institutions:
Churches / non-
profit
Per Sq Ft 0.00007826 per sq ft $.006 $.28
Education Per Sq Ft 0.00003877 per sq ft $.003 $.14
$81.79
Moses Lake Council Packet 11-26-19, Page 124 of 206
Table 25 combines the capital costs of all types of apparatus and station (from Tables 15 – 24)
to show the capital cost of responses to fire incidents for one unit of residential development.
Table 25: Example of Calculation of Total Capital Cost for a Residential Unit
Cost Component Cost Source Engine $65.40 Table 15 Ladder $57.60 Table 16 Medic Unit $1.40 Table 17 Brush Truck $13.40 Table 18 Staff Vehicle $4.55 Table 19 Tender $20.20 Table 20 Squad $7.24 Table 21 Rescue $5.11 Table 22
Other Apparatus /
Equipment
$10.10 Table 23
Fire Station $80.81 Table 24
Total $265.81
This example is repeated for each land use to combine its capital costs of all types of apparatus
and station in Table 26.
Table 26: Total Capital Cost of Responses to Fire Incidents at Land Use
Categories
Land Use Unit of Development Fire Incident Life Cost of
All Apparatus and Station
Residential Per dwelling unit $265.81
Non-Residential
Hotel/Motel/Resort
Per square foot $0.37
Medical Care Facility Per square foot $0.77 Commercial: Office Per square foot $0.29 Retail Per square foot $0.43 Restaurants Per square foot $0.14 Industrial Per square foot $0.12 Institutions: Churches / non-profit Per square foot $0.86
Education Per square foot $0.47
Moses Lake Council Packet 11-26-19, Page 125 of 206
Formula F-9: Cost per Apparatus per fire or Medical Incident
The annual cost per type of apparatus is the same as in Table 3. The cost per
apparatus per fire or BLS incident is the same as Table 4.
Formula F-10: Apparatus Cost per Medical Incident
The calculation of apparatus cost per medical incident is similar to the calculation of
costs per fire incident in Table 7. The total apparatus cost per medical incident is calculated by
multiplying the cost per apparatus per response by the percent of medical incidents each type
of apparatus responds to. This calculation accounts for the fact that multiple apparatus are
dispatched to many incidents, and that some apparatus are only dispatched to specific types of
incidents. The result of this calculation is a weighted average total cost of apparatus per
medical incident.
F-10. Apparatus Cost Per Response x Apparatus Percent of Medical Responses = Apparatus
Cost Per Medical Incident
There are no new variables used in formula F-10. The first variable is identical to
the data from Table 4, and the second variable concerning the percent of medical responses
works identically to Variable F, but using medical responses instead of fire responses.
Different types of medical emergencies need different types or combinations of apparatus. As a
result, the usage of apparatus varies among the types of apparatus. This variance is an
important factor in determining the cost per incident. The percent of medical responses by
each type of apparatus is calculated in Table 27 by dividing the annual medical responses for
each type of apparatus by the total annual medical incidents from Table 5. The result of the
calculation in Table 27 is the percent of medical incidents responded to by each type of
apparatus. For example, engines provided 746 responses to the 3,407 medical incidents,
equaling 21.9% of all medical incidents. Another way to understand this data is that one
average medical incident involved 0.219 engines therefore the cost of responding to
a medical incident includes 21.9% of the cost of an engine.
Moses Lake Council Packet 11-26-19, Page 126 of 206
Table 27: Medical Incident Response by Type of Apparatus
Type of Apparatus Total Annual Medical Responses for Apparatus Percent of Annual Medical Related Incidents Dispatched to (Col 2/ 2896) Engine 956 33% Ladder 87 3% Medic Unit 3,186 110% Brush Truck 0 0% Squad 12 0.004% Tender 0 0% Staff Vehicles 198 6.8% Other Apparatus & Equipment 22 0.8% Total 4,461 153.6%
The final step in calculating the apparatus cost per medical incident is shown in Table 28. The
cost per response for each type of apparatus (from Table 7) is multiplied by the percent of
medical incidents dispatched to (from Table 27) resulting in the total apparatus cost per
medical incident. The “bottom line” in Table 28 is the apparatus cost per medical incident of
$73.77.
Table 28: Total Apparatus Cost per Medical Incident
Type of Apparatus Apparatus Cost Per Response Annual Percent of Medical Incidents Dispatched to Apparatus Cost per Medical Incident (Col2 * Col3) Engine $119.09 33% $39.30 Ladder $170.32 3% $5.11 Medic Unit $8.80 110% $9.68 Brush Truck $434.21 0% $0.00 Squad $151.72 0.004% $0.61 Rescue $620.00 0% $0.00 Tender $2,041.66 0% $0.00 Staff Vehicles $45.08 6.8% $3.07 Other Apparatus & Equipment $2,000.00 0.8% $16.00 Total $5,590.88 $73.77
Moses Lake Council Packet 11-26-19, Page 127 of 206
Formula F-11: Station Cost per Fire and Medical Incident
The station cost per fire and medical incident is the same as Table 9. The formula is the same as
Formula F-6.
Formula F-12: Annual Medical Incident Rate per Unit of Development
Formula F-12 is the same as Formula F-7. The annual medical incident rate per unit of
development is calculated using the same methodology as described for fire incidents in Tables
10-14.
There are no new variables used in formula F-12. The variables are identical to those used in
Formula F-7, but using medical incidents instead of fire incidents.
During 2015, Moses Lake’s Fire Department responded to 2,896 medical incidents. Of the
2,896 medical incidents 2,559 were traceable to a type of development (i.e., the incident
occurred at a specific type of property such as a residence or business) or they were traffic-
related (occurred on a roadway) and were included in the following detailed analysis of
incidents to land uses. Of the 2,896 medical incidents analyzed 2,487 occurred at a specific
property and 72 were traffic-related.
The remaining 337 medical incidents were not traceable to either a specific property or a
traffic-related incident, therefore these 337 are apportioned to land uses and traffic on the
same basis as the 2,896 incidents that are traceable. Table 29 shows the allocation of the 337
incidents without land use designations to the property and traffic categories using the same
percentage as the 2,896 incidents for which a location was identifiable. Thus 325 of the 337
medical incidents were allocated the same as the incidents at identifiable lands uses, and the
other 12 medical incidents were allocated the same as the traffic-related incidents.
Table 29: Medical Incidents
Incident Location Incidents Identifiable by Location Incidents Not Identifiable by Location Total Incidents
Total 2,559 337 2,896 At Properties % of Total 2,487 85.8% 325 11% 2,812 97.94% In Roads & Streets % of Total 72 2.5% 12 0.04% 84 2.05%
Moses Lake Council Packet 11-26-19, Page 128 of 206
There are four tables that present the allocation of medical incidents among types of land use:
Table 30 shows the medical incidents that were identifiable by land use type, Table 31 shows
the medical incidents that were traffic-related. Table 32 combines the medical incident data
(land use and traffic), and Table 33 shows the medical incident rate per unit of development.
Table 30 shows the distribution of the 2,896 medical incidents that are traceable to a specific
land use along with the percent distribution of these 2,896 incidents. In column 4 the total
2,896 medical incidents to land use (2,559 traceable + 337 allocated) is allocated among the
land use types using the percent distribution column. The result is the total annual medical
incidents at each of the land use types.
Table 30: Medical Incidents at Specific Land Uses
Land Use Medical Incidents Identifiable to Land Use Percent of All Medical Incidents Identifiable to Land Use
Residential 854 + 29 Allocated 883 30.56%
Non-Residential Hotel/Motel/Resort 54 + 6Allocated 60 2.07%
Medical Care Facility Hospitals & Clinics 447 + 27 Allocated 16.36%
Skilled Nursing & LC 1209 + 73 Allocated 44.26%
Commercial:
Office 49 +2Allocated 51 1.75%
Retail 49+ 3Allocated 52 1.8%
Restaurants 6 + 1 Allocated 7 .25%
Industrial 49 + 8 Allocated 57 1.95%
Institutions:
Churches / non-profit 11 + 1 Allocated 12 0.40%
Education 15+ 2 Allocated 17 0.60%
Moses Lake Council Packet 11-26-19, Page 129 of 206
The traffic-related BLS incidents are allocated to land uses on the basis of the amount of traffic
generated by each type of land use. In Table 31, the number of dwelling units and square feet
of non-residential construction in Moses Lake is multiplied times the number of trips that are
generated by each land use type in the same manner as Table 12. The result is the total trips
associated with each land use type. The percent of trips associated with each land use type is
calculated from the total of all trips.
In the final calculation in Table 31 the total 84 annual medical incidents that are traffic-related
(72 traceable + 12allocated) is allocated among the land use types using the percent of trips
generated.
Table 31: Traffic Related Medical Incidents (Allocated to Land Uses)
Land Use Moses Lake
Units of
Development
ITE Trip
Generation
Rate / per
D.U. or Per
Unit of Development
Total
Trips (col 2 x col3)
Percent of
Trips
Generated
Allocate 84
Traffic
Related
Medical
Incidents by Land use (Col 5 *84) Residential 9.200 d.u 4.23228 38,937 29.16% 24
Non-Residential Hotel/Motel/Resort 732,000 Sq.Ft 0.00446 3,265 2.5% 2
Medical Care Facility 701,099 Sq. Ft .00825 5,784 4.3% 4
Commercial:
Office 2,790,000SqFt 0.00551 15,373 11.54% 10
Retail 1,723,000 Sq Ft 0.02147 36,993 27.7% 23
Restaurants 152,200 Sq Ft 0.06358 9,677 7.2% 6
Industrial 4,900.255 SqFt 0.00349 17,102 12.8% 11
Institutions:
Churches / non-
profit
345,000SqFt 0.00456 1,573 1.2% 1
Education 747,920SqFt 0.00645 4,824 3.6% 3
Total 133,528 100% 84
Moses Lake Council Packet 11-26-19, Page 130 of 206
Table 32 summarizes the results of the analysis of medical incidents. The total annual medical
incidents is a combination of the medical incidents allocated among direct responses to land
use categories and the allocation of traffic related incidents based on trip generation rates
(from Table 31)
Table 32: Total Annual Medical Incidents by Land Use
Land Use Annual Medical
Incidents Direct to
Land Use
Annual Traffic
Related Medical
Incidents by Land Use
Total Annual
Medical
Incidents by Land Use
Residential 869 14 883
Non-Residential
Hotel/Motel/Resort
58 2 60
Medical Care Facility 1736 19 1755
Commercial:
Office 41 10 51
Retail 29 19 48
Restaurants 7 6 13
Industrial 46 11 57
Institutions:
Churches / non-profit 11 1 12
Education 15 2 17
Total 2812 84 2896
Moses Lake Council Packet 11-26-19, Page 131 of 206
The final step in determining the annual medical incident rate per unit of development is shown
in Table 33. The total annual medical incidents for each type of land use (from Table 32) are
divided by the number of dwelling units or square feet of structures to calculate the annual
medical incident rate per dwelling unit or square foot. The units of development are the same
as was used to determine traffic-related incidents (see Table 30). The results in Table 33 show
how many times an average unit of development has a medical incident to which the City of
Moses Lake responds.
Table 33: Annual Medical Incidents by Land Use
Land Use Total Annual Medical
Incidents to Land Use
Units of
Development
Annual Medical Unit of Incidents
per Development
Residential 883 9,200 d.u 0.10 Per Dwelling Unit
Non-Residential Hotel/Motel/Resort 60 732,000 Sq.Ft 0.00008 per square foot
Medical Care Facility 1755 701,099 Sq. Ft 0.0025 per square foot
Commercial:
Office 51 2,790,000SqFt 0.00001 per square foot
Retail 48 1,723,000 SqFt 0.00002 per square foot
Restaurants 13 152,200 SqFt 0.00009 per square foot
Industrial 57 4,900,255 SqFt 0.000001
Institutions:
Churches / non-profit 12 345,000SqFt 0.00003
Education 17 747,920SqFt 0.00002
Total 2,896
Moses Lake Council Packet 11-26-19, Page 132 of 206
Formula F-13: Medical Incident Capital Cost Per Unit Of Development
The capital cost of medical incidents per unit of development is determined by multiplying the
annual medical incidents per unit of development (from Table 32) times the annual capital cost
per medical incident incident of each type of apparatus (from Table 28) and fire station, then
multiplying that result times the useful life of the apparatus or fire station.
F-13. Annual medical Incidents Per Unit Of Development x Annual Cost Per Medical Incident
X Useful Life Of Apparatus or Station = Medical Incident Capital Cost Per Unit Of Development
There are no new variables used in formula F-13. The variables are identical to those used in
Formula F-8, but using BLS incident rates and costs instead of fire incident rates and costs.
In Tables 34 – 40 on the following pages, each medical incident rate (from Table 32) is
multiplied by the annual capital cost per medical incident. The result is then multiplied times
the useful life of the apparatus or station to calculate the capital cost per unit of development
for each type of apparatus and station.
This series of tables does not include the cost for units that do not respond to medical
incidents.
Moses Lake Council Packet 11-26-19, Page 133 of 206
Table 34 calculates the BLS related capital costs of an engine per unit of development. For
example, residential units average 0.10 medical incidents per year (i.e., 10% of a medical
incident per year). Multiplying this by the annual capital cost of $39.30 per incident (from Table
28) produces the result that it costs $3.93 per dwelling unit to provide it with engines for one
year. Since the engine lasts 20 years, the residential dwelling needs to pay for 20 times the
annual rate, for a total of $78.60.
Table 34: Engine Cost of Responses to Medical Incidents at Land Use Categories
Land Use Unit of
Development
Annual Medical
Incident Rate
Engine Cost
@ $39.30 per
incident Engine Life Cost
@ 20 Year Life
Residential Per Dwelling Unit 0.10 Per Dwelling Unit $3.93 $78.60
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00008 $.003 $.06
Medical Care Facility Per Sq Ft 0.0025 $.10 $2.00
Commercial:
Office Per Sq Ft 0.00001 $.0004 $.008
Retail Per Sq Ft 0.00002 $.0008 $.02
Restaurants Per Sq Ft 0.00009 $.0003 $.006
Industrial Per Sq Ft 0.000001 $.00004 $.0008
Institutions:
Churches / non-profit Per Sq Ft 0.00003 $.001 $.02
Education Per Sq Ft 0.00002 $.0008 $.02
$80.73
Moses Lake Council Packet 11-26-19, Page 134 of 206
Table 35: Medic Unit Cost of Reponses to Medical Incidents at Land Use
Categories
Table 35 calculates the capital cost per unit of development for medic units responding to
medical incidents. The incident rate (from Table 33) is multiplied by the medic unit capital cost
per medical incident ($9.68 from Table 28) The result is then multiplied times the 7 year useful
life of a medic unit to calculate the capital cost of development for medic units.
Land Use Unit of
Development
Annual Medical
Incident Rate
Medic Cost @
$9.68 per
incident Medic Life Cost
@ 7 Year Life
Residential Per Dwelling Unit 0.10 Per Dwelling Unit $.97 $6.79
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00008 $.0008 $.006
Medical Care Facility Per Sq Ft 0.0025 $.02 $.14
Commercial:
Office Per Sq Ft 0.00001 $.0001 $.0007
Retail Per Sq Ft 0.00002 $.0002 $.0014
Restaurants Per Sq Ft 0.00009 $.0002 $.0014
Industrial Per Sq Ft 0.000001 $.00001 $.00007
Institutions:
Churches / non-profit Per Sq Ft 0.00003 $.0003 $.0021
Education Per Sq Ft 0.00002 $.0002 $.0014
$6.94
Moses Lake Council Packet 11-26-19, Page 135 of 206
Table 36 calculates the capital cost per unit of development for Squad units responding to
medical incidents. The incident rate (from Table 33) is multiplied by the Squad unit capital cost
per medical incident ($0.61 from Table 28) The result is then multiplied times the 20 year useful
life of a Squad unit to calculate the capital cost of development for Squad units.
Table 36: Squad Cost of Responses to Medical Incidents at Land Use Categories
Land Use Unit of
Development
Annual Medical
Incident Rate
Squad Cost @
$0.61 per
incident Squad Life Cost
@ 20 Year Life
Residential Per Dwelling Unit 0.10 Per Dwelling Unit $.06 $1.20
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00008 $.00005 $.001
Medical Care Facility Per Sq Ft 0.0025 $.002 $.04
Commercial:
Office Per Sq Ft 0.00001 $.000006 $.00012
Retail Per Sq Ft 0.00002 $.00001 $.0002
Restaurants Per Sq Ft 0.00009 $.00005 $.001
Industrial Per Sq Ft 0.000001 $.0000006 $.000012
Institutions:
Churches / non-profit Per Sq Ft 0.00003 $.0002 $.004
Education Per Sq Ft 0.00002 $.00001 $.0002
$1.25
Moses Lake Council Packet 11-26-19, Page 136 of 206
Table 37 calculates the capital cost per unit of development for Staff units responding to
medical incidents. The incident rate (From Table 33) is multiplied by the Staff unit capital cost
per medical incident ($3.07 from Table 28) The result is then multiplied times the 10 year useful
life of a Staff unit to calculate the capital cost of development for Staff units.
Table 37: Staff Unit Cost of Responses to Medical Incidents at Land Use
Categories
Land Use Unit of
Development
Annual Medical
Incident Rate
Staff Unit
Cost @ $3.07
per incident Staff Unit Life
Cost @ 10 Year
Life
Residential Per Dwelling Unit 0.10 Per Dwelling Unit $.31 $3.10
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00008 $.0002 $.002
Medical Care Facility Per Sq Ft 0.0025 $.008 $.08
Commercial:
Office Per Sq Ft 0.00001 $.00003 $.0003
Retail Per Sq Ft 0.00002 $.00006 $.0006
Restaurants Per Sq Ft 0.00009 $.0003 $.003
Industrial Per Sq Ft 0.000001 $.000003 $.0003
Institutions:
Churches / non-profit Per Sq Ft 0.00003 $.00009 $.0009
Education Per Sq Ft 0.00002 $.00006 $.0006
$3.19
Moses Lake Council Packet 11-26-19, Page 137 of 206
Table 38 calculates the capital cost per unit of development for Other Apparatus and
equipment responding to medical incidents. The incident rate (From Table 33) is multiplied by
the Other Apparatus and equipment capital cost per medical incident ($0.04 from Table 28) The
result is then multiplied times the 10 year useful life of a Other Apparatus and equipment to
calculate the capital cost of development for Other Apparatus and equipment.
Table 38: Other Apparatus & Equipment Cost of Responses to Medical Incidents
at Land Use Categories
Land Use Unit of
Development
Annual Medical
Incident Rate
Other
Apparatus
Cost @
$16.00 per
incident
Other Apparatus
Life Cost @ 10
Year Life
Residential Per Dwelling Unit 0.10 Per Dwelling Unit $1.60 $16.00
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00008 $.001 $.01
Medical Care Facility Per Sq Ft 0.0025 $.04 $.40
Commercial:
Office Per Sq Ft 0.00001 $.0002 $.002
Retail Per Sq Ft 0.00002 $.0003 $.003
Restaurants Per Sq Ft 0.00009 $.001 $.01
Industrial Per Sq Ft 0.000001 $.00002 $.0002
Institutions:
Churches / non-profit Per Sq Ft 0.00003 $.0005 $.005
Education Per Sq Ft 0.00002 $.0003 $.003
$16.43
Moses Lake Council Packet 11-26-19, Page 138 of 206
Table 39: Fire Station Cost of Responses to Medical Incidents at Land Use
Categories
Table 39 calculates the capital cost per unit of development for Fire Stations that house medical
apparatus. The incident rate (From Table 33) is multiplied by the fire station’s capital cost per
fire and medical incident ($71.83 from Table 9). The result is then multiplied times the 50 year
useful life of a fire station to calculate the capital cost per unit of development for fire stations.
Land Use Unit of
Development
Annual Medical
Incident Rate
Fire Station
Cost @
$71.83 per incident
Fire Station Life
Cost @ 50 Year
Life
Residential Per Dwelling Unit 0.10 Per Dwelling Unit $7.18 $359.00
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00008 $.006 $.30
Medical Care Facility Per Sq Ft 0.0025 $.18 $9.00
Commercial:
Office Per Sq Ft 0.00001 $.0007 $.04
Retail Per Sq Ft 0.00002 $.001 $.05
Restaurants Per Sq Ft 0.00009 $.006 $.30
Industrial Per Sq Ft 0.000001 $.00007 $.04
Institutions:
Churches / non-profit Per Sq Ft 0.00003 $.002 $.10
Education Per Sq Ft 0.00002 $.001 $.05
$368.88
Moses Lake Council Packet 11-26-19, Page 139 of 206
Table 40 combines the capital costs of all types of apparatus and station from tables 34-39 to
show the total capital cost of responses to medical incidents for one unit of residential
development.
Table 40: Total Capital Cost of Responses to Medical Incidents at Land Use
Categories
Land Use Unit of Development Medical Incident Life Cost of All Apparatus and Station
Residential Per Dwelling Unit $464.39
Non-Residential
Hotel/Motel/Resort
Per Square Foot $0.38
Medical Care Facility Per Square Foot $11.66 Commercial: Office Per Square Foot $0.05 Retail Per Square Foot $0.07 Restaurants Per Square Foot $0.32 Industrial Per Square Foot $0.31 Institutions:
Churches / non-profit Per Square Foot $0.13
Education Per Square Foot $0.09 $477.40
Formula F-14: Fire and Medical Cost Per Unit of Development
The fire and medical costs per unit of development from the preceding tables are combined to
determine the total fire and medical cost per dwelling unit or non-residential square foot.
F-14: Fire Incident Capital Cost per Unit of Development + Medical Incident Capital Cost per
Unit of Development = Fire and Medical Cost per Unit of Development
There are no new variables used in formula F-14. Both variables were developed in previous
formulas and tables.
Moses Lake Council Packet 11-26-19, Page 140 of 206
In Table 41 the fire and medical costs per unit of development are added together to determine
the combined total fire and medical cost per dwelling unit or non-residential square foot.
Table 41: Total Cost of Response to Fire and Medical Incidents by Land Use
Category
Land Use Unit of Development Medical Incident Life Cost of All Apparatus and Station
Fire Incident Life Cost of All Apparatus and Station
Combined Life Cost of all Apparatus and Station
Residential Per Dwelling
Unit
$464.39 $265.81 $730.20
Non-Residential
Hotel/Motel/Resort
Per Square
Foot
$0.38 $0.37 $0.75
Medical Care Facility
Hospital & Clinic
Per Square
Foot
$4.31 $0.28 $4.59
Skilled Nursing & LC Per Square
Foot
$7.35 $0.49 $7.84
Commercial: Office Per Square Foot $0.05 $0.29 $0.34
Retail Per Square Foot $0.07 $0.43 $0.50
Restaurants Per Square Foot $0.32 $0.14 $0.46
Industrial Per Square
Foot
$0.31 $0.12 $0.43
Institutions:
Churches / non-
profit
Per Square
Foot
$0.13 $0.86 $0.99
Education Per Square
Foot
$0.09 $0.47 $0.56
Moses Lake Council Packet 11-26-19, Page 141 of 206
Formula F-15: Adjustments and Impact Fees
The final step in determining the fire services impact fee is to reduce the cost per dwelling unit
or non-residential square foot by subtracting any credits for other revenue from existing and
new development that the City of Moses Lake will use to pay for part of the cost of the same
fire protection facilities that are the basis of the impact fee, and any adjustment to comply with
RCW 82.02.050(7).
F-15: Fire and Medical Cost per Unit of Development – Adjustment for Revenue Credits =
Impact Fee per Unit of Development
There is one new variable that requires explanation: (J) adjustment for revenue credits.
Variable (J): Adjustment for Revenue Credits
Moses Lake does not have dedicated revenues for fire stations and apparatus, therefore there
is no adjustment for future payments of other revenues that are used to pay for the same new
fire stations and apparatus that are required to serve the new development. The only revenue
sources to be included in the adjustment are those that are used for fire services facilities
capacity expansion according to law and local policy or practice.
Adjustments are not given for other payments that are not used for new fire services facilities
needed for new development. Such an adjustment would extend to payments of all taxes for all
purposes to all forms of governments, which contradicts the well-established system of
restricting fees, charges, and many taxes for specific public facilities and services. Adjustments
are not given for revenues that are used for repair, maintenance or operating costs because
impact fees are not used for such expenses.
The final step in Table 42 (on the next page) is to further reduce the impact fees that would be
charged to new development in order to implement RCW 82.02.050(7) which provides that
“…the financing for system improvements to serve new development … cannot rely solely on
impact fees.” The statute provides no further guidance, and “not rely solely” could be anything
between 0.1% and 99.9%.
RCW 82.02.060(1)(b) requires an adjustment for revenue credits to be given only for
"...payments made or reasonably anticipated to be made by new development to pay for
particular system improvements in the form of user fees, debt service payments, taxes, or other
payments earmarked for or proratable to the particular system improvement (emphasis
added);"
Moses Lake Council Packet 11-26-19, Page 142 of 206
The adjustment of 3% used in Table 42 is comparable to what other jurisdictions that do not
have dedicated revenues for fire stations and apparatus have implemented by way of an
adjustment. Table 42 shows the cost per dwelling unit or non-residential square foot from
Table 41, the 3% adjustment, and the impact fee after the adjustment is subtracted from the
full cost.
Table 42: Fire Impact Fees by Land Use
Land Use Total Fire and Medical Cost of Impact Development Credit Adjustment @ 3.00% Fire and Medical Impact Fee Per Unit of Development
Residential $730.20 $21.91 $708.29
Non-Residential Hotel/Motel/Resort $0.75 $0.02 $0.73
Medical Care Facility Hospitals & Clinics $4.59 $0.14 $4.45
Skilled Nursing & LC $7.84 $0.24 $7.60
Commercial:
Office $0.34 $0.01 $0.33
Retail $0.50 $0.02 $0.48
Restaurants $0.46 $0.01 $0.45
Industrial $0.43 $0.01 $0.44
Institutions:
Churches / non-profit $0.99 $0.03 $0.96
Education $0.56 $0.02 $0.54
Moses Lake Council Packet 11-26-19, Page 143 of 206
STAFF REPORT
To: City Council
From: Kevin Fuhr, Interim City Manager
Date: November 19, 2019
Proceeding Type: New Business
Subject: MLMC Chapter 9.26-Seizure and Forfeiture Ordinance 2941
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 11-26-19, Page 144 of 206
ORDINANCE NO. 2941
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 November 26, 2019.
Karen Liebrecht, Mayor
Moses Lake Council Packet 11-26-19, Page 145 of 206
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: December 2, 2019 Date Effective: December 7, 2019
Moses Lake Council Packet 11-26-19, Page 146 of 206
STAFF REPORT
To: Kevin Fuhr, City Manager
From: Kris Robbins, Community Development Director
Date: November 19, 2019
Proceeding Type: Old 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 11-26-19, Page 147 of 206
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 11-26-19, Page 148 of 206
ORDINANCE NO. 2942 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 11-26-19, Page 149 of 206
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: December 2, 2019
Date Effective: December 7, 2019
Moses Lake Council Packet 11-26-19, Page 150 of 206
STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Kris Robbins, Community Development Director
Date: November 22, 2019
Proceeding Type: New Business
Subject: Cascade Valley in City Limits Recommendation
Legislative History:
• First Presentation: November 12, 2019
• Second Presentation: November 26, 2019
• Action: Motion
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 11-26-19, Page 151 of 206
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
• Motion to accept platted area of
Cascade Valley in the City Limits to be
deemed insufficient plats
Allow development to occur and lots to be
sold.
• Take no action. ROW remains as is and unimproved at this
time.
Staff Recommendation
Staff recommends that Council allow the platted area of the Cascade Valley City Limits be deemed
insufficient plats and allow for a covenant to be attached to those lots.
Attachments
A. Map of area
B. Suggested fire requirements to be part of covenants
Legal Review N-A
Moses Lake Council Packet 11-26-19, Page 152 of 206
Attachment A
48 Platted Lots
Moses Lake Council Packet 11-26-19, Page 153 of 206
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.
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STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Cindy Jensen, Finance Director
Date: November 21, 2019
Proceeding Type: Old Business
Subject: Solid Waste Hauler Selection
Legislative History:
• Prior Presentations: June 25, October 8 and 22, 2019
• Fourth Presentation: November 26, 2019
• Requested Action: Motion
Staff Report Summary
This is the culmination of several months of review for a replacement contract for Solid Waste
hauling. Since Council chose to continue having Lakeside Disposal as our solid waste hauling
contractor at their October 22 meeting, this brings back the renewed contract which
incorporates the modifications proposed by Lakeside during the selection process.
Background
Our current hauling contract with Lakeside Disposal expires in August 2020. Because of the long
lead times necessary to implement a solid waste collection system, the City went through a
review process to select the next hauler enough in advance to accommodate a change in
contractor if warranted.
After carefully considering the proposals, Council opted to renew the Lakeside Contract accepting
the concessions they offered. The contract changes include:
• An overall rate reduction of 12.9%;
• Elimination of the Fuel Surcharge;
• Elimination of Baling Costs for recycled material;
• Purchasing the residential carts; and
• Increasing their annual donation to local youth programs.
We costed the proposal by going back to 2018 activity, and recalculating the hauler payments
using the new proposed rates. With all the concessions costed out, this new contract is
estimated to save the City about $450,000 each year. In addition, Lakeside is willing to give most
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of their concessions immediately (and some even retroactively), which is an “upfront” savings of
about $606,000 between now and August of 2020. The retroactive rebate of rates is $25,500 per
month calculated since April, so the Solid Waste utility will have an infusion of cash in 2019 of
about $200,000 to build a fund balance.
With the reduction in ongoing costs, the customer rates can also be reduced by about 9.6% and
still keep the utility breaking even. (These rates can’t go down the full percentage reduced by the
amount of the hauling rates, because the hauling contract is only about two-thirds of the total
solid waste budget--other costs are experiencing inflationary increases.) The fee schedule
change is being presented in a separate agenda item.
Fiscal and Policy Implications
Requesting proposals created some healthy competition, and the citizens of Moses Lake will
benefit by this process.
Options
Option Results
• Approve Contract Takes advantage of the non-retroactive savings
included in the new contract as quickly as
possible.
• Modify the Contract Provide staff with specific items to change.
• Take no action Forfeits some savings until the contract is
renewed.
Staff Recommendation
Authorize the City Manager to execute the contract as substantially presented.
Attachments
A. New Contract
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal
Counsel
• Contract Solid Waste Services November 21, 2019
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AMENDED AND RESTATED SOLID WASTE COLLECTION,
TRANSPORTATION, AND DISPOSAL CONTRACT
This Amended and Restated Solid Waste Collection, Transportation, and Disposal Contract
(the “Contract”) is hereby made and entered into this __ day of ________________, 2019, but
effective as of ______________________ (the “Effective Date”), by and among Waste
Connections of Washington, Inc., d/b/a Lakeside Disposal (“Contractor”) and the City of Moses
Lake, Washington (“City”). Contractor and City may be hereinafter referred to individually as a
“Party” and collectively as the “Parties”.
RECITALS
WHEREAS, City wishes to engage Contractor to provide all work, materials and equipment for the collection and transportation of solid waste consisting of garbage, rubbish and refuse as set forth in accordance with this Contract; and
WHEREAS, Contractor has agreed to provide all work, materials and equipment for the collection and transportation of solid waste consisting of garbage, rubbish and refuse as set forth in accordance with this Contract; and
WHEREAS, the City and Contractor executed an agreement commencing on September 1, 2004, as subsequently amended (the “Original Agreement”); and
WHEREAS, City and Contractor agree to comply with Chapter 8.08 of the Moses Lake Municipal
Code entitled “Garbage Collection” in effect or hereinafter amended; and
WHEREAS, the City and Contractor wish to add, modify and amend sections of the Original
agreement in accordance with the terms contained in this Contract.
NOW, THEREFORE, for and in consideration of the foregoing recitals (all of which are hereby adopted as an integral part of this Contract), and for other good and valuable consideration, the receipt of which are hereby acknowledged, and of the mutual covenants stated below, the Parties hereby agree as follows:
1. Term. This Contract shall commence on the Effective Date and continue through August
31, 2025 (the “Initial Term”). Notwithstanding the foregoing, this Contract shall be automatically extended for an additional five (5) year period (the “Renewal Term”), unless the City provides Contractor at least ninety (90) days prior to the expiration of the Initial Term of its election to terminate this contract at the end of the Initial Term. The Initial Term and the Renewal Term, if exercised, shall be referred to as the “Term”.
2. Authority. The City is empowered to negotiate garbage collection and disposal contracts by
RCW 35A.40.210, 35.21.120, and 35.23.352.
3. Covenants. The City and Contractor covenant as follows:
3.1. Provision of Equipment. Unless otherwise required herein, the Contractor shall
provide and bear the expense of all equipment, work and labor of any sort
required for performing the work prescribed for in this Contract.
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3.2. Payment. The City promises and agrees to pay Contractor for its solid waste collection
activities according to the rate structure which is attached and marked as Exhibit A and incorporated herein by this reference. The determination of the proper amount to be paid under this Contract will be made by the City based on records of active accounts recorded by the Finance Department during the preceding month, computed based on the rates in
Exhibit A. Contractor shall have the right to contest the accuracy of any such billings and the parties agree to negotiate in good faith with regard to any such dispute.
3.3. Recycling Program. The Contractor will provide every-other-week curbside, single stream,
residential recycling collection on the same day garbage is collected. Acceptable items that
can be included in the single stream recycling are listed on attached Schedule D. All commodities collected at curbside will be baled at the Contractor’s facility. Additionally, Contractor will furnish and service a public drop off recycling station located in the city limits for the items listed on attached schedule D, as well as green, brown, and clear glass bottles and jars. When full, contractor will dump the glass at the Grant County Landfill to be reused as road bed and other activities that the county sees fit. All processed commodities will be recycled and not dumped as waste unless the contamination of a given load warrants otherwise. The Contractor will notify the City if this circumstance exists. The City and Contractor shall mutually agree to drop or add commodities if it becomes financially feasible to do so.
The contractor will provide curbside collection of yard waste on the same day garbage is
collected. The yard waste will be collected weekly from Mid-March through
November. Once a month collection will occur during December, January and February
during the second full week of each month if weather permits. Acceptable items that can
be included in the yard waste program are listed on attached Schedule D.
The City will receive all proceeds and pay all expenses related to delivery of material to a mutually agreed recycler and yard waste processor.
3.4. Community Involvement.
3.4.1. Biannual Citywide Cleanup Days: Twice each year, on weekends mutually
agreeable to City and Contractor, Contractor shall provide containers, to be placed at
a mutually agreeable location, so that City residents may dispose of up to four (4) yards of extra solid waste per resident. Contractor shall supply sufficient trucks, roll-off boxes, and staffing to manage the events at no cost to City; provided, however, that City shall be responsible for all disposal costs imposed by the Grant County Solid
Waste Division that are incurred by Contractor in disposing of solid waste delivered
on such clean-up days, and Contractor shall be responsible for any/all additional fees
incurred to transfer such solid waste from any privately-owned solid waste transfer
facilities. Contractor reserves the right to reject any waste that is delivered that
constitutes hazardous or toxic waste or waste that is not otherwise capable of being
legally disposed of at a municipal solid waste landfill.
3.4.2. Youth Fund. Contractor agrees to donate annually a minimum of $6,000 (six thousand dollars) to local youth programs. By January 31 of each year, Contractor
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shall furnish the City a report listing the youth organizations and donation amounts from the prior year.
3.5. Personal Nature of Contract. This Contract is considered personal in nature and the duties and responsibilities may not be assigned or transferred in whole or in part to another individual, corporation, partnership, joint venture or other business entity, unless approved by the City Council which approval shall not be unreasonably withheld.
3.6. Attorneys' Fees. In the event either party proceeds to enforce any term or covenant of this Contract or to employ counsel to effect such enforcement, the prevailing party shall be
entitled to its attorneys' fees and costs including any costs on appeal. 4. Definitions and Terms:
4.1. Contractor. The individual, firm, joint venture, co-partnership, and his, their, or
its heirs, executors, administrators, successors and assigns, or the lawful agent
of any such individual, firm, partnership, covenanter, or corporation, or his, their, or constituting one of the principals to the Contract and undertaking to perform the work herein specified. Where any pronoun is used as referring to the word
"Contractor" it shall mean the Contractor as defined above.
4.2. Days. Unless otherwise designated, days as used in the specifications will be understood to mean business days.
4.3. Solid Waste Collection. The term "solid waste collection" shall mean materials collected under this Contract which include, but are not limited to: garbage, rubbish, refuse and other elements of the solid waste stream as defined by state law.
4.4. Inspector. The City's authorized representative assigned to make detailed review of
Contract performance. The inspector may be the Utility Services Supervisor. 4.5. Owner. Owner shall mean the City of Moses Lake acting through its legally constituted officials, as represented by its authorized officers, employees, or agents. The City in these specifications shall mean the City of Moses Lake. Owner and City in this Contract
shall be synonymous.
4.6. Subcontractor. The individual, firm, partnership, corporation, or joint venture, to
whom the Contractor, with written consent of the Owner, sublets any part of the work
performed under the Contract.
4.7. Work. Work shall mean the furnishing of all labor, materials, equipment, and other
incidentals necessary or convenient to the successful completion of the project and
the carrying out of all the duties and obligations imposed by the Contract.
4.8. Compliance with Law. Contractor shall be familiar with all federal, state and local
laws, ordinances and regulations which in any manner effect the performance of the
work under this Contract and agrees to comply therewith.
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4.9. Whole Agreement. This Contract shall be interpreted as a whole and to carry out its purposes. This Contract is an integrated document and contains all the promises of the parties; no earlier written or oral understandings may modify provisions. Any subsequent change or revision to this Contract shall not be effective unless memorialized in writing and signed by both parties to the Contract.
5. Municipal Solid Waste Disposal Site:
5.1. Unless otherwise specified, all waste generated within the City should be delivered
directly to Grant County’s Ephrata Landfill or to the refuse transfer station located at
9524 Road 7 NE. Delivery of any particular load to either site is solely at the
Contractor’s discretion. If the tipping fee rate is higher at the transfer station than the
Ephrata Landfill, the Contractor will be responsible for paying the difference for all
tons delivered to the transfer station.
5.2. Should the City direct the Contractor to any other waste disposal site, the parties agree that the Contractor shall be entitled to recoup any additional costs of collection, transportation and disposal provided to the alternate disposal site as directed by the City. Should the waste generated be delivered to a location closer than Grant County’s Ephrata Landfill or the transfer station at 9524 Road 7 NE, the City shall be entitled to a reduction in costs as negotiated with the Contractor.
6. Rate Increases/City Payment of Disposal Fees:
6.1. Rate Increases — Cost of Living. The rates for particular levels of service are set
forth in Exhibit A. Beginning September 1, 2020, the rates set forth in Exhibit A
shall be adjusted by the increase, if any, in the Consumer Price Index calculated based on the year over year percentage change of the West Coast – B/C Earners and Clerical Workers (CPI-W) index, for the period June to June of the previous year. Contractor shall provide the City with notice of the rate increase, in any event, not less than thirty (30) days prior to the requested effective date of the proposed rate adjustment. Exhibit A will deemed automatically amended to reflect those revised rates. Notwithstanding the foregoing, the CPI adjustment shall be no more than five percent
(5%).
6.2. Disposal Fees: During the term of this Contract, the City shall directly pay all
costs of solid waste disposal including any increased costs thereof associated with Contractor's performance of all work under this Contract.
6.3. Rate Increases — Unforeseen Costs. Contractor may also apply to the City Council for rate adjustments to reflect unforeseen costs such as increased taxes, governmental fees, surcharges and other changes of law which may arise during the term of the Contract. The Contractor shall submit a written request to adjust rates in accordance with this provision no more than one hundred twenty (120) days and not less than sixty (60) days prior to the proposed effective date of the requested change. 6.4. City Council Approval Required. Any request for a change in rates other than in Paragraph 6.1, above, shall be subject to the approval of the Moses Lake City Council.
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7. Compliance With Laws/Protection of Property/Insurance. 7.1. Laws To Be Observed. Contractor at all times shall comply with federal, state and local laws and ordinance and any regulations which in any manner affect the performance of the contract. Contractor shall indemnify and save harmless the City and any agents, officers or employees thereof against any claims arising from any violation of such laws, ordinances or regulations whether such violations are by contractor, its subcontractors or its employees. 7.2. Permits and Licenses. Except as may be provided, Contractor shall procure all permits and licenses which are necessary for and incidental to its operation in the performance of the contract and shall give all notices required by such permits and licenses. 7.3. Worker Benefits. Contractor shall make all payments required for unemployment compensation under Title 50 RCW and for industrial insurance and medical aid as required under Title 51 RCW. Contractor shall also obey all federal, state and local laws, ordinances and regulations establishing wages and safety standards for the protection of its employees. 7.4. Equal Opportunity Employer. Contractor shall comply with all state and federal laws which are in effect pertaining to non-discrimination. Contractor shall accept as its operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunities through a positive ongoing program for same. It is the policy of Contractor to assure that applicants are employed and that employees are treated during their employment without regard to their race, religion, sex, color or national origin. Such action will include employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship, pre-apprenticeship, and on the job training. 7.5. Responsibility For Damage. The City and all officers and employees of the City shall not be responsible for any loss or damage that may occur due to work or performance by Contractor, or for any loss of equipment or damage to any of the equipment or other
items used in the performance of the work or for injury or death of any persons or damage
to the public for any cause which might have been prevented by Contractor or its
workmen or anyone employed by it save for negligent actions by the City or its officers
or employees in creation of the harm. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically
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and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement.
7.6. Protection And Restoration of Property. Contractor shall protect and preserve from any damage or destruction all private and public property on or in the vicinity of the work from interference with the use of such property, the removal, damage or destruction of which is not required by the terms of the contract. 7.7. Gratuities: Contractor shall not extend any loan, gratuity, or gift of money in any form whatsoever to any employee of the City, nor will it rent or purchase any equipment or materials from any employee of the City.
7.8. Public Liability and Property Damage Insurance:
A. Insurance Term and Verification [INSURANCE PROVISIONS BEING VERIFIED BY CONTRACTORS RISK DEPARTMENT- OPEN ISSUE] The Contractor shall procure and maintain insurance, as required in this Section, without
interruption from commencement of the Contractor’s work through the term of the contract and
for thirty (30) days after the termination date, unless otherwise indicated herein. The Contractor shall furnish the City with original certificates including, but not necessarily limited to, the additional insured endorsements, evidencing the insurance requirements of the Contractor before commencement of the work.
B. No Limitation Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such
insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance Contractors required insurance shall be of the types and coverage as stated below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. The policy shall be endorsed to provide contractual liability coverage. The City shall be named as an additional insured under the
Contractor’s Automobile Liability insurance policy with respect to the work
performed for the City, using ISO additional insured endorsement CG 20 48 02 99, CG 20 48 02 99, or a substitute endorsement providing equivalent coverage. 2. Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG
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25 03 05 09 or substitute endorsement providing at least as broad coverage,
including the LD-34257 endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as additional insureds under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.
4. Contractor’s Pollution Liability Pollution Legal Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. 5. Hazardous Waste Hauling. To the Automobile Liability Minimum Scope of Insurance, add Pollution Liability coverage at least as broad as that provided under ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA 99
48 and the Motor Carrier Act Endorsement (MCS 90) shall be attached. D. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than
$5,000,000 each occurrence, $5,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. 3. Worker’s Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor’s Pollution Liability. The Pollution Legal Liability insurance shall be written
in an amount of at least $3,000,000 per loss, with an annual aggregate of at least $3,000,000. Coverage may be written on a claims-made basis. E. Intentionally Omitted
F. Other Insurance Provision The Contractor’s Automobile Liability, Commercial General Liability, and Pollution Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as
respect the City. Any Insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it.
G. Contractor’s Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers, contractors or subcontractors.
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H. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII and licensed to do business in the state of Washington. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work.
I. Subcontractors The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth
herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the City is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement at least as broad as ISO Additional Insured endorsement CG 20 38 04 13.
J. Notice of Cancellation The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice.
K. Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to
the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City.
The Contractor shall indicate any existing claims activity that would affect the aggregate limits. This shall include paid claims, reserve claims, and potential claims. L. Intentionally Omitted.
7.9. General Safety Requirements: Contractor shall so conduct its operations so as to offer
the least possible obstruction and inconvenience to the public, and shall take every precaution to protect employees, pedestrians, and vehicular traffic while performing contract work. 8. Default and Liquidated Damages.
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8.1. Default:
8.1.1. General Breach. This subsection shall apply to any breach of this Contract with the exception of a breach wherein the Contractor fails to remove solid waste as required by this Contract. A breach wherein the Contractor fails to remove solid waste as required by this Contract shall be subject to subsection 8.1.2, below. The City shall notify the Contractor in writing of any breach or noncompliance with the obligations of this Contract. Such notice shall identify
the breach or noncompliance with specificity. The Contractor shall have fifteen
(15) days from the date of the notice to cure the breach or noncompliance. In the event that the Contractor fails to cure the breach or noncompliance, the City may declare the Contractor to be in default of this Contract, cancel the Contract, and notify the Contractor to discontinue any further service hereunder.
8.1.2. Failure to Perform — Cancellation — City Permitted to Accomplish
Work. In the event the Contractor shall, at any time during the duration of this
Contract, fail to remove solid waste from the City according to the terms of this Contract, the City shall give the Contractor fifteen (15) days' written notice of the City's intent to cancel this Contract. In the event the Contractor fails to remove the solid waste pursuant to the terms of this Contract within the fifteen (15) day notice period, the City shall have the right to immediately terminate this Contract. During
the period for which notice is provided, the City may, at its discretion, cause the
solid waste to be removed that is the subject of this Contract, and if it be
determined that the Contractor failed to perform in violation of the terms of this Contract, the City shall be entitled to reimbursement of all of the costs associated with the removal plus interest. This subsection shall not limit the City's ability .to seek specific performance or seek damages of any kind from a reviewing court.
8.1.3. Causes Beyond Control of Contractor — Force Majeure. Except as may be otherwise expressly provided herein, no Party will be liable to the other for any delay in, or failure of, performance of any of its obligations hereunder where performance of such obligations is prevented or delayed by acts of God, fire, explosion, accident, flood, epidemic, war, riot, strike, rebellion, or interruption or rationing of fuel supply. No other acts or occurrences shall be considered as uncontrollable circumstances relieving the parties of their obligations hereunder. 8.2. Liquidated Damages. Time is of the essence in this contract. Any delay in the performance of work under contract will inconvenience the public and the city and
potentially obstruct business and commerce and cause increased risk to persons,
property, and public health and safety. It will be impractical and extremely difficult to
ascertain and determine the actual damages which will be suffered by the City as the
result of such delays and therefore the following type and amount of liquidated damages
are prescribed:
For each business day delay in commencing garbage service after the date of this
Contract - $1,000.
A truck beginning residential collection prior to 6:00 a.m. - $30 per day.
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Failure to collect misses within six (6) business hours of notification to
Contractor - $15 each.
Repetition of unaddressed complaints on a route after notification to replace cans or detachable containers in designated locations, replace lids, spilling, not closing gate, crossing planted areas, or similar violations - $25 each.
Failure to clean, paint, or mark trucks within 30 days as specified and directed
$25 each day the deficiency is not corrected.
Failure to clean, paint, or mark containers within 7 days as specified and directed
- $15 each day per container the deficiency is not corrected.
Failure to provide a container as specified and directed in 11.6 - $15 each day the
container is not available.
8.3. Liquidated Damages Offset. Such damages as the City shall elect to collect of which Contractor is notified in writing, will be deducted from monies due Contractor. In addition and if necessary to enforcement by the City, the City shall have and retain all other remedies provided by law or in equity. 9. Payment/Retainage. 9.1. Payment to Contractor. Payment to Contractor shall be based on the rates set forth in. Exhibit A as pertains to each individual level of service billed the Customer. Duplexes with one meter shall receive a billing at twice the residential rate. Commercial accounts may receive one billing per ownership. 9.2. Retainage for Last Month Payment Under Contract. The City shall retain twenty percent (20%) from the monthly payment for August 2025 for a period of thirty (30) days following the termination of the contract. Contractor shall be paid at the expiration of said thirty (30) days in the event no lawful claims have been filed against such retainage and all releases from any governmental agencies having jurisdiction over activities of Contractor have been obtained. In the event such claims are filed, Contractor shall be paid such retained percentages less an amount sufficient to pay any such claims, together with a sum sufficient to pay the cost of such action, and to cover attorney fees as determined by the City. 10. Description and Procedures of Work Performance Under Contract/Annexation Impacts. 10.1. Summary. Contractor shall have the exclusive right to control the services and work performed under the Contract and the persons performing those services and work. The work to be performed under this Contract consists of the complete collection and transportation of solid wastes including construction and demolition debris and other wastes accumulated within the City of Moses Lake and the transportation of the solid waste to an approved landfill as described in Section 5, "Disposal Site" above. Construction and demolition debris may only be physically removed by the person generating such waste or that person can elect the services of the Contractor within the City of Moses Lake. For the avoidance of doubt, the preceding sentence specifically
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precludes a third party waste hauler, other than the Contractor, from removing the construction or demolition debris. This Contract does not include the collection and transportation of dangerous waste, biomedical waste and extremely hazardous and other related wastes that are not accepted at the County Landfill, except as to those wastes that Contractor may knowingly elect to collect, transport and dispose of. 10.2. Schedule. Contractor shall, on maps provided by the City, mark the boundaries of regularly scheduled residential garbage and recycling collection routes. The residential and commercial schedules shall be week days unless holidays interfere with the regular schedule. Commercial schedules shall be altered for special occasions to accommodate activities such as Spring Festival or other events. These special pickups will be as approved by the City for weekend or holiday service. Contractor shall propose any route change twenty (20) days in advance of the time it wishes to change a residential boundary or collection day. If approved by the City, it shall notify customers on the collection day during the week prior to the week of the change. Notice can be given by letter or other means approved by the City.
10.3. Permits. Contractor shall be required to apply for and be issued any business
license required by the City or other governmental agency under this Contract.
10.4. Billing. The City shall perform all billing of customers, the computation and
collection and remittance of charges, service initiation, changes in service, and identify
collection locations and will pay Contractor an amount equal to one hundred percent
(100%) of the services performed pursuant to Contractor' rate schedule as set forth in
Exhibit A. The City shall be authorized to deduct any liquidated damages or other costs
due the City of which it has notified Contract in writing, prior to any offset of the
payment amount.
10.5. Contractor Offices. Contractor shall be required to maintain a local office within
or near the City of Moses Lake as approved by the City, equipped with telephones and
such attendance as may be necessary to take care of complaints as well as orders for
special service or to receive instruction from the City. This office shall be in operation
between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday except holidays
or as otherwise directed by the City. Answering services or an employee's residence
shall not be acceptable as a business office. It is the intent of the City that a staffed
business office be maintained. Moreover, Contractor shall appoint a duly authorized
local representative to oversee performance of this Contract during its term. Contractor
may, however, use a telephone message recorder for calls after hours those between
noon and 1:00 p.m. and on weekends, and holidays. 10.6. Records. Contractor shall maintain a file of written service requests and complaints which provide the name, address, date, account number, nature of request or complaint, the response of Contractor on the request, and the action required of the City. These request shall be filed by account number beginning at the outset of the Contract. Should Contractor be unable to resolve a request or complaint within seventy-two (72) hours, it shall notify the City for direction. Written service request and complaint files shall be provided to the City upon request.
Moses Lake Council Packet 11-26-19, Page 167 of 206
All reports required to be submitted to the City by Contractor shall be on forms approved by the City and shall be typed or legibly printed. Such reports shall include collection routes, residential pick up schedules, non-residential pick up schedules, including the
number of cans or containers, and number of pick ups per week as to each non-single family
residential customer.
10.7. Annexation. Parties hereto acknowledge requirement of RCW 35.13.280 regarding the rights of certificate holders for solid waste transportation and collection within
areas that may be annexed to or by the City of Moses Lake. If, during the life of this
contract, additional territory is acquired by the City through annexation and is not the
subject of a prior existing franchise, the city reserves the right upon ninety (90) days written
notice to Contractor, to order Contractor to make collections in any such additional annexed
territories in accordance with all provisions of these specifications, and at the price set forth
herein.
10.8. Company Name. Contractor shall not use a firm name containing the words "Moses Lake," "City," or any words implying municipal ownership of their operation. 10.9. Workers. All workers employed by Contractor shall be competent and skilled in the performance of the work to which they may be assigned. Contractor shall require all
employees to be courteous at all times and to refrain from using loud or profane language
and to do their work as quietly as possible. 11. Collection 11.1. Residential Carts: Contractor shall purchase and store all waste, yard and recycling carts for residents of the City. All residential accounts shall be furnished an automated cart not larger than ninety-six (96) gallons by the City. The City shall replace all stolen and destroyed residential carts. Contractor shall purchase the carts including transportation, taxes, and shipping costs. The bill for the carts will be paid within thirty (30) days of being invoiced. Contractor shall be responsible for maintaining and repairing these carts and shall replace any defective or damaged carts as needed and/or as directed
by the City at Contractor' expense. Contractor will cooperate with the City in record
keeping procedures necessary to track assigned carts. The carts provided by Contractor
shall remain the property of the City upon the termination of this Contract.
11.2. Residential Pickup and Other Services: Contractor shall pick up a maximum of
one 96 gallon cart of solid waste at each residence or duplex for the rates described in
Exhibit A, not to exceed two hundred pounds (200 lbs.) per cart. In addition to cart
collection in residential service, Contractor shall, at an additional cost, pick up boxes,
tied bundles, bagged material, or other miscellaneous solid waste and household debris
in bundles manageable by one (1) person. The charges for additional costs shall be on
forms approved by the City or redeemed through coupons sold by the City to the homeowner.
All solid waste in regular residential service shall be picked up beside the curb, alley
property line, or roadway edge weekly between the hours of 6:00 a.m. and 4:00 p.m.
Moses Lake Council Packet 11-26-19, Page 168 of 206
Contractor shall not operate in the vicinity (300' minimum) of a residential area, hospital,
nursing home, mobile home area, or motel before 6:00 a.m.
Additional service desired by a customer shall be arranged with the property owner. A form prepared by the City shall be signed by the property owner and the City's authorized representative for such service. The customer's monthly bill shall be adjusted to include
these changes. Coupons purchased for extra cans are exempted from this form.
11.3. Employee Rules: Contractor's employees shall not trespass, loiter, cross
property or adjoining premises, or meddle with property which does not concern them.
Employees, in collecting solid waste, and certain other wastes, shall follow the regular
walks for pedestrians while on private property and close gates opened by them.
Collection employees shall wear uniforms as approved by the City for identification
purposes. All employees shall identify themselves to the public as employees of
Contractor and not the City.
11.4. Loading: Extra care shall be taken in the loading and transportation of solid waste and
other wastes so that none of the material to be collected is left either on private property
or on streets or alleys. Any solid wastes or other wastes left on private property or on streets by Contractor shall be cleaned up upon notice from the City.
11.5. Emergency Collections: Adequate provision shall be made by Waste Connections
to provide special collections when solid waste, and other waste have not been collected
during a regularly scheduled pickup. Special pick ups for missed collection shall be made
by Contractor when ordered by the City at no cost to the City or the occupant. If Contractor fails to provide a special pick up within six (6) working hours of notification by the City, the City may cause the work to be done with the reasonable cost to be deducted from monies due Contractor.
11.6. Containers: The City may request that Contractor furnish a dumpster or drop box of
not less that one (1) cubic yard capacity to any customer within seven (7) days of notification by the City. Contractor shall include all costs of furnishing such containers as incidental to collection, except such containers as may be furnished for temporary usage of less than two months, in which case Contractor may charge additional container delivery and retrieval charges. Dumpsters shall be water tight with snug fitting lids. Drop boxes shall be kept in good repair and shall have snug fitting doors. A dumpster or drop box requested by the property owner shall be delivered to the site of request within seven (7) days. Containers shall comply with state and federal
regulations and be designed to operate with Waste Connection's hydraulic or
mechanical loading devices. Residential carts for new customers shall be delivered
within two (2) working days of notification by the City. Carts needing replacement shall
be replaced within one (1) working day of notification by the City. 11.7. Mobile Home Parks: Mobile home parks may utilize a detachable container or containers as directed by the City. .The owner of the park may wish individual service for each unit at the residential rate. The Utility Services Supervisor shall determine the best service for the mobile home park if a dispute arises as to the appropriate container.
Moses Lake Council Packet 11-26-19, Page 169 of 206
11.8. Commercial Pick Up and Other Services: Additional or other solid waste services
desired by commercial customers shall be arranged with the City. The City may require a form prepared by the City to be signed by the property owner or his representative and the City's authorized representative for such service. The owner's monthly bill shall
include the additional service charge. All solid waste, and other wastes in the regular commercial service waste stream shall be picked up from such location as determined reasonable by the City. Curb or alley pick up will be required where practical. In all
other situations, Contractor will be required to pick up solid waste, or other wastes from a location which is easily accessible, such location being established by the Utility Services Supervisor after consulting with Contractor, and which does not unreasonably increase the cost of service or risk of harm to Contractor' employees. This may require Contractor to enter on to private drives, easements, parking lots, etc. Contractor shall not be entitled to additional compensation for being required to go into private drives, easements, parking lots, and other access areas, provided access to the property is unimpeded and the containers can be quickly accessed. Only those disposal fees generated by refuse collected within the City limits by Contractor will be paid by the City.
11.9. City-Owned Containers: Contractor shall service all litter cans, garbage cans, and
containers owned by the City as directed. The City shall pay the schedule rate of
residential fees for litter and garbage cans and the commercial rates for containers. Street
refuse and parking lot litter containers shall be paid for at the residential rate per pick up site. 11.10. Salvaged Materials: The City reserves the right to require Contractor and/or its employees
to discontinue any salvage or reclamation of articles or refuse if the Utility Services
Supervisor deems such to interfere with the routing schedule, the operation of the
equipment, or is unsightly.
11.11. Holidays: Contractor shall designate which holidays it will observe and indicate the schedule it will work if the holiday falls on a regular collection day. Contractor shall notify people on the routes of any changes due to holidays by causing a notice to appear in the local newspaper and all local radio stations at least two (2) days prior to said holiday.
11.12. Street and Access Detours: The City reserves the right to close for maintenance or to
construct any improvement or to permit any such construction in any street or alley in such
manner as the City Council may direct, which may have the affect for a time of preventing
Contractor from traveling its accustomed route or routes for collection. It shall, however, by the most expedient manner, use its best efforts to continue to collect solid waste to the same extent as though no interference existed upon the streets or alleys normally traversed. This shall be done at no additional expense to the City.
12. Collection Equipment.
12.1. Parking of Vehicles: Contractor shall obey all zoning ordinances in the storing of
equipment and vehicles. Contractor shall not use property in or adjacent to property that
is zoned as residential for the parking, standing, washing, cleaning, or storing of its
vehicles or equipment without the approval of the City. Areas used by Contractor for
Moses Lake Council Packet 11-26-19, Page 170 of 206
storing, parking, or repairing equipment and vehicles shall be kept in a clean and orderly condition.
12.2. Collection Equipment: In collection of solid waste under this Contract, Contractor
shall use all metal, watertight, completely enclosed "packer" type bodies, or an approved
alternate, provided the alternate is approved in writing that are designed and manufactured
for the collection of solid waste and refuse. The trucks used on the route for collection of
cans and containers shall be dependable and with reliable hydraulic operated compaction
units. Contractor shall provide vehicles designed for loading, transportation and emptying
drop boxes and compactors. The vehicle shall meet all state and federal regulations for
servicing these units. If this vehicle is out of service for a period of five (5) days in
succession, Contractor shall rent equipment to provide this service. Contractor shall
maintain sufficient equipment, back-up equipment, containers and spare containers to provide service under this Contract. The City may, with a reasonable amount of notice and within the scope of this contract, require additional equipment and services as may be required for new or expanded services. If rates for such new and/or expanded service are not then published, the parties agree to establish same in good faith negotiations prior to the commencement of service. Contractor, within a reasonable amount of time, shall provide additional equipment and services as required by the City for new or expanded services. 12.3. Wash Racks: Contractor shall provide a wash rack for equipment washing. This
wash rack shall be used for all washing of equipment and be kept in a clean, sanitary
condition and shall meet all current City, state and federal regulations pertaining to design
and wastewater disposal.
12.4. Painting and Cleaning of Vehicles and Equipment: Collection vehicles shall be
painted and numbered and shall have Contractor's name and number of the vehicle
painted in letters of a contrasting color, at least four inches (4") high, on each side of each
vehicle, and the number painted on the rear. No advertising shall be permitted other than
the name of Contractor. All vehicles shall be kept in a clean and sanitary condition and
all collection vehicles shall be cleaned, inside and out, at least once a week. Equipment
shall be repainted when signs of excessive wear and fading are apparent, or as required by the City. All detachable containers under the contract shall either be painted or galvanized and shall display the Contractor's name and number on the container. Every garbage container of Contractor shall be cleaned and renumbered as required by the City. The Contractor's vehicle color scheme shall be approved by the City. 12.5. Equipment Maintenance: Since reliable service is a necessity, Contractor shall secure approval of, and implement and maintain a preventive maintenance schedule to be provided for all equipment.
13. Construction of Contract, Jurisdiction. Interpretation, and Notices.
13.1. Construction of Contract. The parties each acknowledge that this Contract was
negotiated and jointly drafted with the assistance of legal counsel and that each has read
and understands the terms of this Contract.
Moses Lake Council Packet 11-26-19, Page 171 of 206
13.2. Applicable Law and Jurisdiction. This Contract shall be governed by the laws of the State of Washington. Although the parties anticipate that alternative dispute resolution, such as mediation and arbitration, shall be the primary dispute mechanism, in the event
any claim, dispute or action arising from or relating to this Contract cannot be resolved by
mediation or arbitration, then it shall be commenced in the Superior Courts of Grant
County.
13.3. Severability. Should any term, provision, condition or other portion of this Contract
or its application be held to be inoperative, invalid or unenforceable, and the remainder of
the Contract still fulfills its purposes, the remainder of this Contract or its application and
other circumstances shall not be affected thereby and shall continue in full force and effect.
13.4. Original Agreement. The Original Agreement is hereby amended and restated. Commencing on the Effective Date, all terms and conditions of said Original Agreement shall be replaced in their entirety by this Contract. 13.5. Notice to Parties. Any notice required or permitted to be given under this Contract shall be deemed sufficient if given in writing and deposited to any post office as first class mail, postage prepaid, certified return receipt requested, and addressed to Lakeside Disposal & Recycling Company, Attention: District Manager, 2000 West Broadway Avenue, Moses Lake, Washington 98837, and to Contractor, Inc., Attention: Legal Department, 3 Waterway Square Place, Suite 110, The Woodlands, Texas 77380, and to the attention of City Manager, Moses Lake City Hall, 401 S. Balsam Street, Moses Lake,
Washington 98837. Either Party shall give written notice of any change of address or
party to receive said notices.
IN WITNESS WHEREOF, the Parties execute this Amended and Restated Solid Waste Collection, Transportation, and Disposal Contract as of the date first written above.
CITY OF MOSES LAKE
By: ______________________________ Name: ______________________________ Title: ______________________________
WASTE CONNECTIONS OF WASHINGTON, INC. doing business as Lakeside Disposal & Recycling Company
By: ______________________________ Name: ______________________________ Title: ______________________________
ATTEST:
______________________________________
Moses Lake Council Packet 11-26-19, Page 172 of 206
Exhibit A
Rates The table below shows the rate schedule for the services provided under this Contract that will be effective as of December 1, 2019. In addition to these rates, Contractor will also provide the City with a credit on future invoices in the amount of $25,500 per month for the period of April 1, 2019
through November 30, 2019 (being a total credit of $204,000.00). The rates below are subject to all provisions of the Contract, including without limitation, Section 6.
Bill Code Description Rate prior to 12/1/2019 Rate as of 12/1/2019
GB005 RESI 1st 96 CART $16.51 $14.38
GB006 RESI 1st 64 CART $16.51 $14.38
GB007 RESI 1st 48 CART $16.51 $14.38
GB010 RESI 2nd 96 CART $16.51 $14.38
GB011 RESI 2nd 64 CART $16.51 $14.38
GB012 RESI 2nd 48 CART $16.51 $14.38
GB015 Senior 1st 96 CART $16.51 $14.38
GB016 Senior 1st 64 CART $16.51 $14.38
GB017 Senior 1st 48 CART $16.51 $14.38
GB020 Senior 2nd 96 CART $16.51 $14.38
GB021 Senior 2nd 64 CART $16.51 $14.38
GB022 Senior 2nd 48 CART $16.51 $14.38
GB025 DELIVERY 2ND CART $6.24 $5.44
GB030 PICKUP OF 2ND CART $12.42 $10.82
TAGS EXTRA GARBAGE TAGS $0.82 $0.71
GB150 COM 48 GAL CART 1XWK $7.68 $6.69
GB151 COM 48 GAL CART 2XWK $15.36 $13.38
GB155 COM 65 GAL CART 1XWK $10.59 $9.22
GB160 COM 65 GAL CART 2XWK $17.57 $15.30
GB165 COM 95 GAL CART 1XWK $15.57 $13.56
GB170 COM 95 GAL CART 2XWK $31.79 $27.69
GB175 COM 95 GAL CART Extra PU $9.43 $8.21
GB200 1YD 1X $27.50 $23.95
GB210 1YD 2X $49.49 $43.11
GB215 1YD 3X $70.05 $61.01
GB218 1YD 5X $93.05 $81.05
GB220 EX PU 1YD $34.60 $30.14
GB225 1.5YD 1X $37.82 $32.94
GB230 1.5YD 2X $65.25 $56.83
GB235 1.5YD 3X $92.73 $80.77
GB240 EX PU 1.5YD $35.30 $30.75
GB245 2YD 1X $43.98 $38.31
GB250 2YD 2X $74.20 $64.63
Moses Lake Council Packet 11-26-19, Page 173 of 206
GB255 2YD 3X $104.40 $90.93
GB260 2YD 4X $134.66 $117.29
GB265 2YD 5X $167.63 $146.01
GB270 EX PU 2YD $35.97 $31.33
GB275 3YD 1XWK $58.99 $51.38
GB280 3YD 2XWK $99.11 $86.32
GB285 3YD 3XWK $132.86 $115.72
GB287 3YD 4XWK $186.12 $162.11
GB288 3YD 5XWK $234.56 $204.30
GB290 EX PU 3YD $50.60 $44.07
GB295 4YD 1X $76.67 $66.78
GB300 4YD 2X $140.18 $122.10
GB310 4YD 3X $192.31 $167.50
GB315 4YD 4X $247.31 $215.41
GB320 4YD 5X $307.74 $268.04
GB325 EX PU 4YD $62.89 $54.78
GB330 6YD 1X $102.80 $89.54
GB335 6YD 2X $196.13 $170.83
GB340 6YD 3X $288.65 $251.41
GB345 6YD 4X $380.38 $331.31
GB350 6YD 5X $471.34 $410.54
GB352 EX PU 6YD $68.81 $59.93
GB355 8YD 1X $140.75 $122.59
GB360 8YD 2X $264.92 $230.75
GB365 8YD 3X $387.50 $337.51
GB370 8YD 4X $506.12 $440.83
GB375 8YD 5X $620.79 $540.71
GB380 EX PU 8YD $83.03 $72.32
GB390 EX YD 1/2YD $4.89 $4.26
GB395 EX BG, BX OR BUND $1.89 $1.65
GB405 TEMP DELIVERY $15.82 $13.78
GB420 TEMP 2YD DUMP $19.77 $17.22
GB425 TEMP 2YD RENT $3.36 $2.93
GB440 TEMP 4YD DUMP $31.62 $27.54
GB445 TEMP 4YD RENT $5.38 $4.69
GB460 TEMP 6YD DUMP $43.50 $37.89
GB465 TEMP 6YD RENT $6.79 $5.91
GB480 TEMP 8YD DUMP $55.34 $48.20
GB485 TEMP 8YD RENT $8.21 $7.15
GB505 10YD 1X MN $348.09 $303.19
GB510 10YD EXTRA PU $143.34 $124.85
GB515 10YD 1X WK $838.11 $729.99
GB520 20YD 1X MN $375.69 $327.23
GB525 20YD EXTRA PU $164.87 $143.60
Moses Lake Council Packet 11-26-19, Page 174 of 206
GB530 20YD 1X WK $933.66 $813.22
GB535 20YD 2X MN $536.65 $467.42
GB540 30YD 1X MN $412.15 $358.98
GB545 30YD EXTRA PU $192.31 $167.50
GB550 30YD 1X WK $1,052.64 $916.85
GB555 30YD 2X WK $2,105.30 $1,833.72
GB560 30YD 2X MN $610.26 $531.54
GB565 40YD 1X MN $535.81 $466.69
GB570 40YD EXTRA PU $219.78 $191.43
GB575 40YD 1X WK $1,194.39 $1,040.31
GB577 40YD 2X WK $2,388.81 $2,080.65
GB580 TEMPORARY DELIVERY $0.00 $0.00
GB585 TEMPORARY RENT $0.00 $0.00
GB595 2YD Compactor 1X WK $87.23 $75.98
GB600 2YD Compactor Extra PU $44.29 $38.58
GB605 10-15YD COM 1X WK $720.66 $627.69
GB610 10-15YD COM 1X MN $166.43 $144.96
GB615 10-15YD COM 2X MN $332.90 $289.96
GB620 10-15YD COM EXTRA PU $164.87 $143.60
GB625 16-20YD COM 1X WK $780.70 $679.99
GB680 21-30YD 1 X WEEK $2,008.49 $1,749.39
GB630 16-20YD 1 X MN $174.42 $151.92
GB635 16 to 20 Yard Compactor Extra Pickup $178.61 $155.57
GB640 21-30YD COM 1X MN $192.31 $167.50
GB645 21-30YD COM EXTRA PU $192.31 $167.50
GB650 21-30YD TA 1X MNTH $249.99 $217.74
GB655 21-30YD COM TA EXTRA PU $249.99 $217.74
GB660 31-40YD COM 1X MN $256.83 $223.70
GB665 31-40YD COM EXTRA PU $256.83 $223.70
GB685 25 YD COMP 2X WK $4,016.98 $3,498.79
GB670 Garbage 30 Cans Downtown $175.50 $152.86
GB900 REC Haul 25yd $216.28 $188.38
GB910 REC SINGLE SWAP $63.30 $55.13
GB920 REC DOUBLE SWAP $94.95 $82.70
GB940 REC OVERTIME $33.81 $29.45
GB710 15 MIN MAN $17.83 $15.53
GB720 15 MIN TRUCK $17.83 $15.53
GB730 RETURN TRIP $12.42 $10.82
Moses Lake Council Packet 11-26-19, Page 175 of 206
STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Cindy Jensen, Finance Director
Date: November 22, 2019
Proceeding Type: New Business
Subject: 2019 Budget Appropriation
Legislative History:
• First Presentation: November 26, 2019
• Second Presentation: December 10, 2019
• Requested Action: First Presentation
Staff Report Summary
During development of the 2019 preliminary budget, which requires analysis of 2019 budget
trends and estimates, we noted several instances where additional appropriation is warranted so
funds remain within budget at the end of 2019. In some cases there is additional revenue to
support the additional expenditures, either in program revenues or grants. In those cases that
are not supported by additional revenue, the fund balance is adequate to absorb the increase.
The attached ordinance increases the 2019 budget for six funds resulting in citywide total
expenditures of $784,000 and adds $184,000 to estimated revenue, resulting in a net use of fund
balance of $600,000 in three separate funds (three funds have equal expenditures and
revenues).
Background
RCW 35A.33.090 sets forth the requirements to amend the budget absent a true “emergency”.
Most fund amendments are primarily the result of things already approved by Council but just
not completely incorporated in the current budget. A summary of the changes follows:
• The emergency repairs for the Division and 5th water main break and Northshore Drive
Wastewater pipe break ($150,000 and $350,000 respectively).
• Fire reported that they have several staff on extended light duty, so we are budgeting to
cover the backfill of their shifts, both with provisional employees and overtime, in the
amount of $115,000. This is the only addition in General Fund, and part of the increase in
Sales Tax is being added to the revenue estimate to keep this entry neutral.
Moses Lake Council Packet 11-26-19, Page 176 of 206
• A power cot used to lift patients in and out of ambulances broke down. Because of its age
and condition we determined it was more cost effective to replace the piece of equipment
rather than repair it. This is adding $24,000 to the Ambulance Fund, which is being covered
by prior years’ Ground Emergency Medical Transportation (GEMT) Medicaid reimbursement.
• Unemployment claims are higher than anticipated this year, adding $45,000 which will be
charged back to applicable operating budgets, keeping that entry neutral as well.
• Risk management deductible estimates exceeding original estimates -- $88,000 is being
added.
• We just found out that the copy machine in the Administration area needs a part that is
obsolete (it was purchased in 2011). We are proposing to purchase a replacement out of
Central Services budget, estimated to cost $12,000.
Fiscal and Policy Implications
It is a compliance issue to have actual results be within the authorized appropriation. If we
overspend an appropriation, the State Auditor’s Office would likely note it as an area of non-
compliance with laws.
Options
Option Results
• Adopt Ordinance Increase the appropriation authority in each of
the affected funds
• Modify the Ordinance Certain items could be taken out or added to
the ordinance
• Take no action Some fund’s 2019 expenditures may exceed
budget authority, potentially causing an audit
compliance issue
Staff Recommendation
Staff recommends City Council adopt the Ordinance at the December 10, 2019, meeting.
Attachments
A. Ordinance and Schedule 1
Legal Review N-A
Moses Lake Council Packet 11-26-19, Page 177 of 206
ORDINANCE – First Presentation
AN ORDINANCE AMENDING THE 2019 BUDGET FOR THE CITY OF MOSES
LAKE; AND MAKING APPROPRIATIONS FROM UNAPPROPRIATED FUND
BALANCES WITHIN VARIOUS FUNDS FOR EXPENDITURE DURING 2019
FOR VARIOUS PURPOSES AS DESCRIBED IN THE ATTACHED SCHEDULE
Whereas, the various funds indicated on the attached Schedule 1 contain Unappropriated Fund
Balances available for appropriation and expenditures during 2019 in various amounts and for
the purposes mentioned in the attached Schedule; and
Whereas, at the time of the adoption of the 2019 budget it could not reasonably have been
foreseen that the appropriation provided for by this ordinance would be required; and the City
Council declares that an emergency exists of the type contemplated by RCW 35A.33.090 and
that it is in the best interests of the City to make the appropriation herein provided, now.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. Appropriations are hereby made, for expenditure during 2019, from Unappropriated
Fund Balances in the various Funds to the various accounts and in the various amounts, and for
the specific purposes, all as specified in the Schedule attached hereto and incorporated herein.
Section 2. This ordinance is one making an appropriation and shall take effect upon its passage
and approval as provided by law.
Section 3. The City Council declares that an emergency exists and this ordinance is deemed a
public emergency ordinance necessary for the protection of public health, public safety, public
property, or public peace and shall take effect immediately as provided by law upon one reading
if a majority plus one of the whole membership of the City Council vote in favor of passage.
Section 4. 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.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on
December 10, 2019.
_____________________________________
Karen Liebrecht, Mayor
Moses Lake Council Packet 11-26-19, Page 178 of 206
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 11-26-19, Page 179 of 206
Account #Account Name Amount Description
GENERAL FUND
Fire
000-040-52220-000-0111-0000-00 Full Time Salaries 75,000 Extra Provisional Staff for long-term disabilities
000-040-52220-000-0131-0000-00 Overtime 40,000 Overtime for long-term disabilities
Total Fire Department 115,000
Total General Fund 115,000
Revenue
000-006-31311-000-1000-0000-00 Sales & Use Tax 115,000 Sales Tax Growth
Net Use of Fund Balance -
WATER/SEWER CONSTRUCTION
477-477-59434-000-0653-0000-00 Water Capital Projects 150,000 Emergency Repair Division and 5th break
477-477-59435-000-0654-0000-00 Sewer Capital Projects 350,000 Emergency Repair Northshore break
Total Water/Sewer Construction 500,000
AMBULANCE
498-498-59422-000-0641-0000-00 Ambulance Equipment 24,000 Replace Broken Power Cot
Revenue
498-000-33293-000-1550-0000-00 GEMT Reimbursement 24,000 Prior Years' Reimbursement
Net Use of Fund Balance -
UNEMPLOYMENT COMP
501-501-51778-000-0491-0000-00 Unemployment Claims 45,000 Activity Trends
Revenue
501-000-34890-000-1904-0000-00 Interfund premium 45,000 Unemployment premiums
Net Use of Fund Balance -
SELF-INSURANCE (Risk Management)
503-503-51868-000-0499-0000-00 Payments to Claimants 88,000 Required Deductibles
CENTRAL SERVICES (IT)
517-517-59418-000-0641-0000-00 Replacement Copy Machine 12,000 Administration Copy Machine-parts obsolete
Citywide Total Expenditures 784,000$
Revenues 184,000
Net 600,000$
City of Moses Lake
2019 Appropriation Schedule
SCHEDULE 1
Appropriate out of unappropriated fund balances of the various funds
and in the various amounts and for the purposes as described:
Moses Lake Council Packet 11-26-19, Page 180 of 206
STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Cindy Jensen, Finance Director
Date: November 15, 2019
Proceeding Type: Old Business
Subject: Solid Waste (Garbage) Collection Fee Resolution
Legislative History:
• First Presentation: October 26, 2019 (Budget Workshop)
• Second Presentation: November 26, 2019
• Requested Action: Motion
Staff Report Summary
Because of reductions in rates paid out to the hauler, we are able to reduce the rates charged to
our customers by 9.6%. This brings the range of charges for residential customers to $18.67 for
48 gallon; $20.37 for 64 gallon; and $30.55 for 96 gallon cart service. The attached resolution
reflects this change. This rate adjustment will be effective starting with the December billing.
Background
The Solid Waste utility has been the focus of attention for the past two years because in the past,
its rate structure did not support the full cost of operations. Council remedied this by
commissioning a rate study in 2018, and setting rates to fully recover costs beginning in
December 2018.
Because the current contract expired in August 2020, we were negotiating with potential haulers
to determine who would have the solid waste hauling contract going forward. After much
deliberation, Council chose to continue the Solid Waste collection contract with Lakeside
Disposal. Even though the current contract is not expired, Lakeside made concessions that are
beneficial to the City if the contract is renewed immediately. (This contract is a separate agenda
item for this meeting). The reduction in the hauling contract can be passed on to our customers,
as the Solid Waste Fund Balance appears to be adequate at this point in time.
Fiscal and Policy Implications
This action will reduce the Solid Waste rates charged to our customers by 9.6% as of December 1,
2019.
Moses Lake Council Packet 11-26-19, Page 181 of 206
Options
Option Results
• Adopt the resolution modifying the
2019 Fee Schedule
Customer rates will be reduced as of December
1, 2019
• Direct further changes to the fee
schedule
Provide staff with specific changes, which
would then need to be incorporated into the
fee schedule to be brought back for adoption
at the December 10 meeting, which would
move out the effective date of the rate
reduction.
Staff Recommendation
Staff recommends City Council move to adopt the resolution to amend the 2019 Municipal Fee
Schedule.
Attachments
A. Resolution (including Schedule A)
Legal Review N-A
Moses Lake Council Packet 11-26-19, Page 182 of 206
RESOLUTION NO. 3785
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE,
WASHINGTON SETTING THE CITY OF MOSES LAKE SOLID WASTE FEE
SCHEDULE AS OF DECEMBER 1, 2019
Recitals:
1. In connection with the municipal functions and operations of the City of Moses Lake, the
City requires certain fees.
2. It is appropriate to review such fees and make adjustments to appropriately address costs.
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 2019 Fee Schedule of the City of Moses Lake pertaining to Solid Waste rates
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 December 1, 2019.
ADOPTED by the City Council on November 26, 2019.
________________________________________ Karen Liebrecht, Mayor
ATTEST: _________________________________________
Debbie Burke, City Clerk
Moses Lake Council Packet 11-26-19, Page 183 of 206
-9.60%
12/01/19 12/01/18 Adjustment
Codes Description
New
Schedule A
Prior Rates
Schedule A
Garbage Tags 2.75 3.04 (0.29)
GB005 Residential 1st 96 Gallon Cart 30.55 33.79 (3.24)
GB006 Residential 1st 64 Gallon Cart 20.37 22.53 (2.16)
GB007 Residential 1st 48 Gallon Cart 18.67 20.65 (1.98)
GB015 Senior 1st 96 Gallon Cart 15.28 16.90 (1.62)
GB016 Senior 1st 64 Gallon Cart 10.19 11.27 (1.08)
GB017 Senior 1st 48 Gallon Cart 9.33 10.32 (0.99)
GB025 Delivery 2nd Cart 6.03 6.67 (0.64)
GB030 Cart Removal/Exchange 12.07 13.35 (1.28)
GB035 (1)Duplex 1 Meter 2 Carts N/A
GB040 (1)Duplex 1 Meter 1 Cart N/A
GB105 (2)1 Can 1 Time a Week N/A 12.94
GB110 (2)1 Can 2 Times a Week N/A 20.82
GB120 (2)2 Cans 1 Time a Week N/A 19.12
GB125 (2)3 Cans 1 Time a Week N/A 25.90
GB130 (2)4 Cans 1 Time a Week N/A 32.58
GB140 (2)5 Cans 1 Time a Week N/A 39.33
GB145 (2)6 Cans 1 Time a Week N/A 46.06
GB150 (2)Commercial 48 Gallon Cart 1 Time a Week 13.44 N/A
GB151 (2)Commercial 48 Gallon Cart 2 Times a Week 21.12 N/A
GB155 Commercial 64 Gallon Cart 1 Time a Week 18.37 20.32 (1.95)
GB160 Commercial 64 Gallon Cart 2 Times a Week 30.23 33.44 (3.21)
GB165 Commercial 96 Gallon Cart 1 Time a Week 24.30 26.88 (2.58)
GB170 Commercial 96 Gallon Cart 2 Times a Week 42.33 46.83 (4.50)
GB175 Commercial 96 Gallon Cart Extra Pickup 12.45 13.77 (1.32)
GB200 1 Yard Dumpster 1 Time a Week 39.28 43.45 (4.17)
GB210 1 Yard Dumpster 2 Times a Week 69.50 76.88 (7.38)
GB215 1 Yard Dumpster 3 Times a Week 98.57 109.04 (10.47)
GB218 1 Yard Dumpster 5 Times a Week 130.94 144.85 (13.91)
GB220 Extra Pickup 1 Yard Dumpster 49.87 55.17 (5.30)
GB225 1.5 Yard Dumpster 1 Time a Week 53.76 59.47 (5.71)
GB230 1.5 Yard Dumpster 2 Times a Week 94.25 104.26 (10.01)
GB235 1.5 Yard Dumpster 3 Times a Week 134.90 149.23 (14.33)
GB240 Extra Pickup 1.5 Yard Dumpster 50.85 56.25 (5.40)
GB245 2 Yard Dumpster 1 Time a Week 64.67 71.54 (6.87)
GB250 2 Yard Dumpster 2 Times a Week 113.18 125.20 (12.02)
GB255 2 Yard Dumpster 3 Times a Week 162.05 179.26 (17.21)
GB260 2 Yard Dumpster 4 Times a Week 211.37 233.82 (22.45)
GB265 2 Yard Dumpster 5 Times a Week 262.33 290.19 (27.86)
GB270 Extra Pickup 2 Yard Dumpster 51.89 57.40 (5.51)
GB275 3 Yard Dumpster 1 Time a Week 89.59 99.10 (9.51)
GB280 3 Yard Dumpster 2 Times a Week 157.00 173.67 (16.67)
City of Moses Lake-Solid Waste Rates Schedule A
2019 customer rate reduction.xlsx
Moses Lake Council Packet 11-26-19, Page 184 of 206
-9.60%
12/01/19 12/01/18 Adjustment
Codes Description
New
Schedule A
Prior Rates
Schedule A
City of Moses Lake-Solid Waste Rates Schedule A
GB285 3 Yard Dumpster 3 Times a Week 224.87 248.75 (23.88)
GB287 3 Yard Dumpster 4 Times a Week 295.64 327.03 (31.39)
GB288 3 Yard Dumpster 5 Times a Week 372.66 412.23 (39.57)
GB290 Extra Pickup 3 Yard Dumpster 72.91 80.65 (7.74)
GB295 4 Yard Dumpster 1 Time a Week 111.42 123.25 (11.83)
GB300 4 Yard Dumpster 2 Times a Week 215.70 238.61 (22.91)
GB310 4 Yard Dumpster 3 Times a Week 306.22 338.74 (32.52)
GB315 4 Yard Dumpster 4 Times a Week 398.82 441.17 (42.35)
GB320 4 Yard Dumpster 5 Times a Week 495.05 547.62 (52.57)
GB325 Extra Pickup 4 Yard Dumpster 90.62 100.24 (9.62)
GB330 6 Yard Dumpster 1 Time a Week 154.04 170.40 (16.36)
GB335 6 Yard Dumpster 2 Times a Week 293.87 325.08 (31.21)
GB340 6 Yard Dumpster 3 Times a Week 432.51 478.44 (45.93)
GB345 6 Yard Dumpster 4 Times a Week 569.97 630.50 (60.53)
GB350 6 Yard Dumpster 5 Times a Week 706.24 781.24 (75.00)
GB352 Extra Pickup 6 Yard Dumpster 103.07 114.02 (10.95)
GB355 8 Yard Dumpster 1 Time a Week 210.93 233.33 (22.40)
GB360 8 Yard Dumpster 2 Times a Week 396.96 439.11 (42.15)
GB365 8 Yard Dumpster 3 Times a Week 580.62 642.28 (61.66)
GB370 8 Yard Dumpster 4 Times a Week 758.36 838.89 (80.53)
GB375 8 Yard Dumpster 5 Times a Week 930.17 1,028.95 (98.78)
GB380 Extra Pickup 8 Yard Dumpster 124.42 137.63 (13.21)
GB390 Extra 1/2 Yard 7.08 7.83 (0.75)
GB395 Extra Bag, Box or Bundle 3.29 3.64 (0.35)
GB405 Temporary Delivery 2-8 yard 23.69 26.21 (2.52)
GB420 Temporary 2 Yard Dumpster 29.62 32.77 (3.15)
GB425 Temporary 2 Yard Dumpster Rental 5.04 5.58 (0.54)
GB440 Temporary 4 Yard Dumpster 47.40 52.43 (5.03)
GB445 Temporary 4 Yard Dumpster Rental 8.05 8.91 (0.86)
GB460 Temporary 6 Yard Dumpster 65.18 72.10 (6.92)
GB465 Temporary 6 Yard Dumpster Rental 10.21 11.29 (1.08)
GB480 Temporary 8 Yard Dumpster 83.44 92.30 (8.86)
GB485 Temporary 8 Yard Dumpster Rental 12.35 13.66 (1.31)
GB505 10 Yard Roll-off 1 Time a Month 361.41 399.79 (38.38)
GB510 10 Yard Roll-off Extra Pickup 266.61 294.92 (28.31)
GB515 10 Yard Roll-off 1 Time a Week 823.52 910.97 (87.45)
GB520 20 Yard Roll-off 1 Time a Month 434.15 480.25 (46.10)
GB525 20 Yard Roll-off Extra Pickup 309.84 342.74 (32.90)
GB530 20 Yard Roll-off 1 Time a Week 947.18 1,047.76 (100.58)
GB535 20 Yard Roll-off 2 Times a Month 617.04 682.57 (65.53)
GB540 30 Yard Roll-off 1 Time a Month 522.25 577.71 (55.46)
GB545 30 Yard Roll-off Extra Pickup 364.09 402.75 (38.66)
GB550 30 Yard Roll-off 1 Time a Week 1,249.99 1,382.73 (132.74)
GB555 30 Yard Roll-off 2 Times a Week 2,415.12 2,671.59 (256.47)
2019 customer rate reduction.xlsx
Moses Lake Council Packet 11-26-19, Page 185 of 206
-9.60%
12/01/19 12/01/18 Adjustment
Codes Description
New
Schedule A
Prior Rates
Schedule A
City of Moses Lake-Solid Waste Rates Schedule A
GB560 30 Yard Roll-off 2 Times a Month 793.89 878.20 (84.31)
GB565 40 Yard Roll-off 1 Time a Month 767.79 849.33 (81.54)
GB570 40 Yard Roll-off Extra Pickup 415.71 459.86 (44.15)
GB575 40 Yard Roll-off 1 Time a Week 1,405.30 1,554.53 (149.23)
GB577 40 Yard Roll-off 2 Times a Week 2,810.54 3,109.00 (298.46)
GB580 Temporary Delivery 10-40 yd 47.78 52.85 (5.07)
GB585 Temporary Rent 35.83 39.63 (3.80)
GB595 2 Yard Compactor 1 Time a Week 142.80 157.97 (15.17)
GB600 2 Yard Compactor Extra Pickup 72.91 80.65 (7.74)
GB605 10 to 15 Yard Compactor 1 Time a Week 995.12 1,100.80 (105.68)
GB610 10 to 15 Yard Compactor 1 Time a Month 317.63 351.36 (33.73)
GB615 10 to 15 Yard Compactor 2 Times a Month 575.83 636.98 (61.15)
GB620 10 to 15 Yard Compactor Extra Pickup 296.73 328.24 (31.51)
GB625 16 to 20 Yard Compactor 1 Time a Week 1,438.04 1,590.75 (152.71)
GB630 16 to 20 Yard Compactor 1 Time a Month 395.91 437.95 (42.04)
GB635 16 to 20 Yard Compactor Extra Pickup 363.87 402.51 (38.64)
GB640 21 to 30 Yard Compactor 1 Time a Month 463.82 513.08 (49.26)
GB645 21 to 30 Yard Compactor Extra Pickup 385.92 426.90 (40.98)
GB650 21 to 30 Yard Turn Around 1 Time a Month 512.42 566.84 (54.42)
GB655 21 to 30 Yard Turn Around Extra Pickup 434.53 480.67 (46.14)
GB660 31 to 40 Yard Compactor 1 Time a Month 592.46 655.38 (62.92)
GB665 31 to 40 Yard Compactor Extra Pickup 402.88 445.66 (42.78)
GB670 30 Cans Downtown 170.63 188.75 (18.12)
GB680 Garbage Comm 21-30Yd Comp 1xWk 1,951.37 2,158.60 (207.23)
GB685 Garbage Comm 21-30Yd Comp 2xWk 3,902.75 4,317.20 (414.45)
GB710 15 Minutes Manpower 17.56 19.42 (1.86)
GB720 15 Minutes Truck 23.19 25.65 (2.46)
GB730 Return Trip 10.97 12.13
GB900 REC Garb Haul 25 Yd 209.20 231.42
GB910 REC Garb 25 Yd Single Swap 61.23 67.73
GB920 REC Garb 25 Yd Double Swap 91.85 101.60
GB940 REC Garb Overtime to Contractor 32.71 36.18
RGB005 96 Gallon Cart replacement 64.00 64.00
RGB006 64 Gallon Cart replacement 58.00 58.00
RGB007 48 Gallon Cart replacement 55.00 55.00
RGBLID Cart Lid replacement 20.00 20.00
Nonconforming services will be billed at the nearest higher rate shown in
the above schedule for the type of service rendered. Commercial accounts
may pick any combination or quantity of services shown in the above
and be billed on one account. Yardage or landfill charge - special service
amount charged at landfill multiplied by 1.50.
(1) Bill Code eliminated. Just use applicable resi
2019 customer rate reduction.xlsx
Moses Lake Council Packet 11-26-19, Page 186 of 206
-9.60%
12/01/19 12/01/18 Adjustment
Codes Description
New
Schedule A
Prior Rates
Schedule A
City of Moses Lake-Solid Waste Rates Schedule A
(2) Eliminating commercial can service--
Replacing with commercial 48 gallon cart ser
2019 customer rate reduction.xlsx
Moses Lake Council Packet 11-26-19, Page 187 of 206
STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: November 21, 2019
Proceeding Type: New Business
Subject: School Zone Flashing Beacons
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
November 26, 2019
Motion
Staff Report Summary
The School District has requested to turn back the ownership of the school zone flashing beacons to the City of
Moses Lake.
Background
School zone flashing beacons have been installed in the last twenty (20) years to provide enhanced safety around
the school zones. Because of the issues with continued upgrades and maintenance of those beacons, the City
declared the beacons surplus, then sold them to the Moses Lake School District on December 27, 2016. A license
was signed by the School District and the City of Moses Lake to allow the School District to maintain those flashing
beacons within the City’s right-of-way.
However, the School District has not been successful in maintaining those flashing beacons, and have provided a
request to turn those flashing beacons back to the City of Moses Lake. The School District understands that by
turning the flashing beacons back to the City of Moses Lake that the City will decide whether to remove or
maintain the flashing beacons.
The flashing beacons have a history of costly upgrades, they often work sporadically, they require several hours a
week to maintain and program, and schedules are difficult to update between all of the different schools;
therefore, it is not desirable to take the flashing beacons back, except to remove them and revert back to the
original signs stating that the speed limit is reduced while children are present.
Moses Lake Council Packet 11-26-19, Page 188 of 206
Fiscal and Policy Implications
The Street Division will have some initial costs to replace the signs and remove the flashing beacons, but then the
maintenance of those signs will be similar to existing maintenance.
The remaining flashing beacons on Pioneer Way for the Redflex camera will be maintained by Redflex.
If the beacons are accepted, then remain, the City will spend time and money to upgrade the beacons, and staff
time will be necessary to program the school schedules, provide weekly maintenance, and troubleshoot the
beacons.
Options
Option Results
• Accept the flashing beacons, terminate the
license agreement with the School District,
then remove the beacons and change out the
signs.
Staff will remove all of the flashing beacon except
Pioneer way, then replace the school zone signs with
“when children are present”, rather than “when lights
are flashing”.
• Accept the flashing beacons, terminate the
license agreement with the School District and
maintain the beacons at their current locations.
The City will maintain the flashing beacons and spend
staff time and material costs to maintain the beacons at
their current locations.
• Take no action Flashing beacons will remain the property of the School
District, and their license will not be terminated.
Staff Recommendation
Staff recommends Council to accept the beacons from the School District, terminate the license agreement, then
remove the beacons and replace the signs.
Attachments
A. Letter from School District requesting to turn back the beacons
B. Resolution 3657 showing the location of the beacons that were turned over to the School
District on December 27, 2016, which beacons are now requested to be accepted back by the
City
C. Agreement and License from City of Moses Lake to School District
Legal Review October 29, 2019
Moses Lake Council Packet 11-26-19, Page 189 of 206
Moses Lake Council Packet 11-26-19, Page 190 of 206
RESOLUTION NO.3657
ARESOLUTION DECLARING CITY OWNED PROPERTY AS SURPLUS AND AUTHORIZING
ITS SALE TO THE MOSES LAKE SCHOOL DISTRICT 161
RECITALS:
1.The City of Moses Lake,Washington owns school zone flashing beacons at the following
locations:
2.
3.
Burress Avenue @ Texas Street
Burress Avenue 100' north of Neppel
Burress Avenue 100'south of Spruce
Burress Avenue 50'south of Main
Central Drive 100'north of Pine Drive
Central Drive 225'north of Reisner Road
Clover Drive 55'north of Dahlia Drive
Clover Drive 250'north of Fairbanks Drive
Division Street 350'north of Nelson Road
Division 350'south of Nelson Road
Fairbanks Drive 180'east of S.Clover Drive
Lakeshore Drive 280'north of Hermit Road.
Lakeshore Drive 360'north of Pommer Street
Lark Avenue 40'east of Grand Drive
Lark Avenue 100'west of Dahlia Drive
Nelson Road @ Jefferson Avenue
Nelson Road 125'west of.Pioneer Way
Nelson Road 175'east of Alderwood Drive
Nelson Road 50'west of Clover Drive
Peninsula Drive 380'north of Pommer Street
Peninsula Drive
Peninsula Drive @ Russell Avenue
Peninsula Drive @ Linea Lane
Pioneer Way 100' north of Colonial Avenue
Pioneer Way 300' north of Nelson Road
Pioneer Way @ Hunter Place
Texas Street 243'south of Burress Avenue
Texas Street 480'north of Russell Avenue
Third Avenue 250'west of Elm Street
Third Avenue 250'east of Dogwood Street
Valley Road -250'west of Paxson Drive.
Valley Road -270'east of Paxson Drive
611 Burress Avenue
549 Burress Avenue
550 Burress Avenue
416 Burress Avenue
339 Central Drive
522 Central Drive
Across from 840 S.Clover Drive
640 S.Clover Drive
1224 S.Division Street
1325 S.Division Street
710 Fairbanks Drive
3910 Lakeshore Drive
4211 Lakeshore Drive
1003 Lark Avenue
1113 Lark Avenue
Between 303 &405 Nelson Rd
720 E.Nelson Road
937 E.Nelson Road
Across from 1111 E.Nelson Rd.
4113 Peninsula Drive
3750 Peninsula Drive
2601 Peninsula Drive
2212 Peninsula Drive
1549 S.Pioneer Way
1230 S.Pioneer Way
1413 Pioneer Way
2316 Texas Street
2415 Texas Street
699 W.Third Ave.
408 W.Third Ave.
No address
No address
The City of Moses Lake and the Moses lake School District161 agree that the School District
should own,maintain,and operate the flashing beacons since the flashing beacon timing is
controlled by the School District's schedule.
Neither state law nor the Manual ofTraffic Control Devises require the City to own or operate
school zone flashing beacons.
Moses Lake Council Packet 11-26-19, Page 191 of 206
RESOLUTION NO.3657
PAGE 2 December 27,2016
4.The City would have a long term monetary benefit since the City would not have the expense
of repairing,maintaining,and operating the flashing beacons.
RESOLVED:
1. The City Council of Moses Lake declares that itis in the best interest of the Cityto surplus the
school zone flashing beacons and sell them to the Moses Lake School District 161.
Adopted by the City Council on December 27,2016.
ATTEST:Todd Voth,Mayor
Robert Taylor,Bfnance Director
Moses Lake Council Packet 11-26-19, Page 192 of 206
AGREEMENT TO PURCHASE SURPLUS PROPERTY, RELEASE OF LIABILITY, AND GRANT OF LICENSE
THIS AGREEMENT is made between the City of Moses Lake, Washington, a municipal corporation of the State of Washington (Grantor), and Moses Lake School District No. 161, a municipal corporation of the State of Washington (Grantee).
RECITALS 1. Grantor is a municipal corporation organized as a non-charter code city and as such is the entity in possession and control of public rights of way within the corporate limits of the City
of Moses Lake. Grantor owns several school zone flashing beacons located within its public
rights of ways which are surplus to its needs and which Grantee desires to purchase. 2. Grantee is a municipal corporation organized as a school district and desires to purchase from Grantor the school zone flashing beacons. Grantee wishes to locate the school
zone flashing beacons within the Grantor’s public rights of ways.
3. Grantee’s use of Grantor’s public rights of ways shall be limited to the use and upon the conditions described herein.
AGREEMENT
The parties therefore agree as follows: 1. Purchase of School Zone Flashing Beacons and Release. Grantee shall purchase from Grantor the school zone flashing beacons (“items”) as identified on the attached Exhibit A
for the purchase price of $22,134.00. For purposes of this sale, Grantor makes no representation
as to why the items were declared surplus. No oral statement of any city employee is to be deemed a modification of the terms of this release. Grantee accepts the items purchased “As Is”, “Where Is”, and “Without Warranty.” Specifically, no warranties, express or implied or of fitness for particular purpose, are made whatsoever. Grantee releases Grantor from any claim for
defective design, defective maintenance, defective modification or improper use, placement or
operation of the items purchased. Grantee acknowledges that Grantor is not responsible for the fitness, condition, adequacy or performance of the items and agrees on behalf of Grantee and on behalf of Grantee’s heirs, successors and assigns to:
a) accept any and all risk of loss, damage and injury associated with the
ownership, operation, maintenance and use of the items; b) waive any and all right to assert any and all present and future claims against Grantor, whether known or unknown, for any harm, loss or damage, including without limitation personal injury, death, property damage, and loss of use by
reason of, arising out of, or related to the ownership, use, placement, maintenance
and operation of the items. Grantee shall defend, indemnify and hold Grantor, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
Moses Lake Council Packet 11-26-19, Page 193 of 206
fees, arising out of or in connection with Grantee’s ownership, use, operation, and/or
maintenance of the items by Grantor or on Grantor’s behalf. This agreement to indemnify
Grantor shall survive termination or expiration of this Agreement. 2. Grant of License To Use Grantor’s Public Rights of Ways. Grantor grants to Grantee a License to place, maintain and operate school zone flashing beacons within Grantor’s
public rights of ways at locations as identified on the attached Exhibit A.
3. Scope of License. The License shall be solely for the purpose described herein. Grantee may maintain, operate and reasonably repair the school zone flashing beacons as described herein. Grantee shall remove or relocate the school zone flashing beacons as demanded
by the Grantor upon Grantor’s need to access or use that portion of the right of way occupied by
Grantee’s school zone flashing beacon. Should Grantor have a need to access or use the right of way on an emergency basis, Grantee gives to Grantor permission to remove, destroy or damage so much of said school zone flashing beacon as Grantor deems necessary in order to use or access its right of way. The Grantor shall be the sole judge of what is and what is not an
emergency for these purposes. In the event a school zone flashing beacon is no longer used by
Grantee for the purpose stated herein, it shall be removed from Grantor’s right of way at Grantee’s expense and the area cleaned and placed into an orderly condition. Should Grantee need to make repairs or replace a school zone flashing beacon, Grantee shall first procure a right of way use permit from Grantor prior to performing such work within Grantor’s right of way. All
other use of the school zone flashing beacons shall comply with all applicable regulations,
ordinances, resolutions, and laws regarding the use of Grantor’s rights of ways. 4. Term of License. The License shall be revocable upon thirty days’ written notice by either party. This License shall continue from the date hereof until revoked.
5. Extent of Grantee’s Interest. This License is a grant to use Grantor’s property for a specific use only, and does not constitute an interest in land. This License is not inheritable, assignable, or transferable, and is personal to the Grantee.
6. Insurance and Indemnification. The Grantee shall maintain throughout the term of
this Agreement liability insurance coverage in amounts and types as approved by Grantor, for liability for bodily injury, death and for property damage to indemnify the Grantor against any such liability or expense and which includes the Grantor as an additional insured. Grantee’s insurance shall be primary to, and non-contributory with, any insurance maintained by Grantor.
The Grantee shall defend, indemnify and hold harmless Grantor, its officers, employees,
officials, and successors and assigns, from and against any and all liability, loss, damage, expense, injury, action and claims asserted or arising directly or indirectly on account of or out of acts or omissions of Grantee, its agents, contractors, employees, licensees or invitees in the exercise of the rights granted in this License. This agreement to indemnify specifically extends
to any claims by third parties arising out of the placement, location, condition, and maintenance
of the school zone flashing beacons. 7. Governing Law and Venue. This License Agreement shall be governed by and construed in accordance with the laws of the State of Washington, and any litigation arising out
Moses Lake Council Packet 11-26-19, Page 194 of 206
of this License Agreement shall be in Grant County, Washington.
8. Entire Agreement. This License Agreement is the complete and exclusive agreement between the parties, which supersedes all proposals or prior oral agreements, and all other communications between them relating to the Grantor’s property. Amendments or modifications to this Agreement shall only be effective if they are in writing and signed by both parties.
9. Attorney’s Fees and Costs. In the event of any action by Grantor or Grantee brought to interpret this Agreement or to enforce any of the provisions herein, each party shall pay its own attorney’s fees and costs.
DATED this _____ day of December, 2016. City of Moses Lake, Grantor Moses Lake School District No. 161
______________________________ ____________________________ By: John Williams By:_________________________
City Manager Superintendent
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STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: November 22, 2019
Proceeding Type: New Business
Subject: Port of Moses Lake Water Resolution 3779
Legislative History:
• First Presentation: November 26, 2019
• Second Presentation:
• Action: Motion
Staff Report Summary
Staff have been working with the Port of Moses Lake on how to best provide City utilities to the
Port’s newest project, Westside Employment Center. It has been determined the most feasible
solution is to allow the Port of Moses Lake to install their own 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 have been working
under the assumption that a Group A water system is not allowed inside of our retail service area
(RSA). Staff has considered many alternatives and this is the best opportunity for all.
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, and 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.
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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.
This project will 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, the industrial wastewater would flow to the Ports industrial
wastewater facility. There are limits to the amount of industrial water the City can provide. If the
Port is allowed to create a Group A NTNC water system it would give them the ability to
supplement the system from their own water source.
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 as well.
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.”
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.
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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
Resolution and Policy
Map
Legal Review of subject matter on November 19, 2019
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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. The 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 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 26, 2019.
________________________________________ Karen Liebrecht, Mayor ATTEST:
_________________________________________ Debbie Burke, City Clerk
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CITY OF MOSES LAKE
POLICY AND PROCEDURE
PORT OF MOSES LAKE GROUP-A NTNC
WATER SYSTEM INSIDE THE CITYS
RETAIL SERVICE AREA
(December 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 within the Urban Growth Area (UGA)
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 retail service area (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 next 20 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
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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.
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.
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.
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