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2018 0911 Council Agenda Packet__________________________________________________________________________________________________ ______________________________________________________________________________________________ Moses Lake City Council Karen Liebrecht, Mayor | David Curnel, Deputy Mayor | Mike Riggs, Council Member | Don Myers, Council Member Daryl Jackson, Council Member | Ryann Leonard, Council Member| Dean Hankins, Council Member Moses Lake Civic Center – 401 S. Balsam Study Session September 11, 2018 at 6:00 p.m. Study Session – 6:00 p.m. Fire Department and Solid Waste Services Presented by John Williams, City Manager Summary: Discussion. The purpose of the study session is to allow the city council to discuss matters informally and in greater detail than permitted at formal council meetings. While all meetings of the council are open to the public, study sessions discussions are generally limited to the council, city staff and consultants. Regular Meeting Agenda September 11, 2018 at 7:00 p.m. Call to Order – 7:00 p.m. Roll Call Pledge of Allegiance Summary Reports: Mayor’s Report Additional Business City Manager’s Report Presentation Water System – Municipal Services Director Fred Snoderly 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. September 11, 2018 City Council Meeting – Page 2 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 a.City Council Meeting Minutes dated August 28th b.Bills and Checks Issued c.Accept Ray Louise Major Plat Old Business #2 Street Name Change Ordinance 2910 - 2nd Presentation Motion Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and adopt ordinance as presented New Business #3 MLMC 13.08 Water and Sewer Connection Amendment – 1st Presentation Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and advise staff on how to proceed #4 Deviation to Driveway Standard Motion Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and approve the request as presented #5 Impact Fees Study – Parametrix Contract Motion Presented by Gil Alvarado, Community Development Director/Deputy City Manager Summary: Council to review and authorize agreement Executive Session RCW 42.30.110(1)(c) – To consider the minimum price at which real estate will be offered for sale Administrative Reports Council Communications and Reports Adjournment MOSES LAKE CITY COUNCIL August 28, 2018 STUDY SESSION: A study session was held prior to the regular meeting to discuss the Fire Department data and operations budget vs. actual. CALL TO ORDER: The regular meeting of the Moses Lake City Council was called to order at 7:00 p.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, Leonard, Riggs, and Hankins. PLEDGE OF ALLEGIANCE: Council Member Hankins led the Council in the Pledge of Allegiance. SUMMARY REPORT: CITY MANAGER’S REPORT 80th Anniversary Open House A social event has been scheduled for the celebration of the city’s anniversary on September 19th beginning at 6 p.m. in the Auditorium. CONSENT AGENDA #1 a. City Council meeting minutes August 14, 2018. b. Claims in the amount of $177,873.08; prepaid claim checks in the amount of $64,805.44; claim checks in the amount of $1,470,030.36; and payroll checks in the amount of $440,381.47. c. Accept Crack Seal Project d. Accept Bid – Juniper Dr Booster Pump e. Accept Bid – Large Water Meter & Vault f. Accept Parkview PUD MP Improvement Resolution 3743 Action taken: Deputy Mayor Curnel moved to approve the Consent Agenda as is, second by Council Member Hankins. The motion carried 7 – 0. OLD BUSINESS #2 Solid Waste Rate Adjustment Ordinance 2907 First presentation of the draft ordinance occurred on August 14th. The proposed ordinance will increase fees to keep pace with the annual increase from the service provider. Action taken: Council Member Leonard moved to adopt Ordinance 2907, second by Deputy Mayor Curnel. The motion carried 7 – 0. CITY COUNCIL MINUTES – August 28, 2018 pg. 2 NEW BUSINESS #3 Wastewater Regulations, MLMC 13.05 Staff met with Department of Ecology in March and they have advised that Mr. Littlefield would be able to apply for an exempt well. MLMC 13.05 allows the city to waive connection to city sewer since there is no access to city services in this area. Action taken: Council Member Hankins moved to allow the requested deviation, second by Council Member Jackson. The motion carried 7 – 0. #4 Nuisance Abatement Hearing 324 S Gumwood St Resolution 3739 The posted hearing for Nuisance Abatement at 908 W Loop Dr was cancelled due to compliance. Code Enforcement Officer Tina Jewell was sworn in and provided testimony regarding the nuisance violation at the property owned by Michael J. Cote. There was no other testimony and the hearing was closed. Action taken: Council Member Leonard moved to adopt Resolution 3739 as written, second by Deputy Mayor Curnel. The motion carried 7 – 0. #5 Street Name Change MLMC 12.32 Ordinance – 1st Presentation The amendment will rename Leland Drive to Polo Ridge Drive to allow for a consistent name along the entire road length. 1st presentation of the ordinance. No action taken. #6 Review Council Stipend MLMC 2.60.030 The Code states that the City Council will review and make appropriate adjustments to the Council’s stipend in even numbered years. Council concurred to have the Code remain unchanged. ADMINISTRATIVE REPORTS Finance Director Cindy Jensen announced that the LTAC funding application due date is September 14th. Community Development Director/Assistant City Manager Gil Alvarado advised that review of the Street Design Standards has been added to the Planning Commission’s 2018 Work Plan. He also requested input from Council regarding issues of regulations for signs in common areas. Police Chief Kevin Fuhr has a 9-year old resident donating proceeds from her slime sales at the Farmer’s Market to the K-9 account. He also has t-shirts for sale for the K-9 account. City Manager John Williams notified Council that they will leave from City Hall at 4 p.m. tomorrow for the AGGCT meeting at Coulee Dam. He also advised that there are five Council Members joining three staff for the trip to Walla Walla on September 27th for a site visit and meeting with the Homeless Coalition. COUNCIL COMMUNICATIONS AND REPORTS – no action taken. EXECUTIVE SESSION CITY COUNCIL MINUTES – August 28, 2018 pg. 3 Mayor Liebrecht called an Executive Session at 7:55 p.m. to be held for 10 minutes pursuant to RCW 42.30.110(1)(c) to consider the minimum price at which real estate will be offered for sale with no action to follow. ADJOURNMENT The regular meeting was adjourned at 8:05 p.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Page 1 of 2 CITY OF MOSES LAKE STAFF REPORT To: John Williams, City Manager From: Gilbert Alvarado, Deputy City Manager Date: September 4, 2018 Proceeding Type: Consent Agenda Subject: Ray Louise Plat Acceptance Legislative History: • First Presentation: September 11, 2018 • Second Presentation: • Requested Action: Motion Staff Report Summary Attached is the Ray Louise Final Major Plat, Findings of Fact as recommended by the Planning Commission. The Planning Commission considered the Final Plat at their August 30, 2018 regular meeting and recommended approval of the final plat. Background The proposed plat is for a 15-lot Major Subdivision. The intent of the subdivision is single- family development. Property sales and transfer cannot occur until the Final Play is recorded with the Grant County Auditors Office. Fiscal and Policy Implications Recordation of the Final Plat will enable development of project which will generate sales tax and property tax for the General Fund. Page 2 of 2 Options Option Results • Approve the Final Plat as presented The Final Plat is recorded with the Grant County Auditor and development moves forward with construction. • Modify the Final Plat Provide staff with specific changes. • Take no action The Final Major Plat does not move forward to recordation and the developer will not move forward with any construction. Staff Recommendation Staff recommends City Council approve the Ray Louise Final Major Plat as presented. Attachments A. Findings of Fact & Plat Plans Legal Review N/A Page 1 of 2 CITY OF MOSES LAKE STAFF REPORT To: John Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: September 6, 2018 Proceeding Type: New Business Subject: MLMC 12.32 Street Name Change Ordinance 2910 Legislative History:  First Presentation: August 28, 2018  Second Presentation: September 11, 2018  Requested Action: Motion Staff Report Summary Attached is an ordinance which changes the name of Leland Drive to Polo Ridge Drive. Background Leland Drive was named in the Crestview Heights Major Plat. The street extended only one lot deep, none of the homes in the subdivision front the road, and none of the house addresses will need to be changed as a result of the renaming. Subsequent development results in this roadway being connected to the existing Polo Ridge Drive. This change will allow for the roadway to have a consistent name along its entire length. Fiscal and Policy Implications None. Page 2 of 2 Options Option Results  Move to adopt the Ordinance as presented. The street name will be changed.  Modify the Ordinance Action could require staff to bring a revised document to Council for consideration.  Take no action The street name will remain the same. Staff Recommendation Staff recommends City Council consider adoption the Ordinance as presented. Attachments A. Draft Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel  Ordinance MLMC 12.32 Amending Street Names August 10, 2018 ORDINANCE NO. 2910 AN ORDINANCE AMENDING SECTION 12.32.110 OF THE MOSES LAKE MUNICIPAL CODE TITLED “NAMES DESIGNATED” FOR STREETS THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 12.32.110 of the Moses Lake Municipal Code, titled “Names Designated”, is amended as follows: 12.32.110 Names Designated: The names of previously unnamed streets and of streets that have been renamed are shown in the following table: Street Name Changes New Name Former Name Location 4th Avenue 4th Street Guffin-Eccles Addition #1 & Plat of Neppel 5th Avenue 5th Street Burress Tract 1, 2, 3, and 4 6th Avenue 6th Street Burress Tract 1, 2, 3, 4, and 5 7th Avenue 7th Street Burress Tract 1 and 3 11th Avenue 11th Street Crestline Addition A Street Division Street Guffin-Eccles Addition #2 and #3, Reaugh Addition, and Lybbert Addition Adams A Street U.S. Bureau of Reclamation Operation and Maintenance Headquarters, Moses Lake Ashcroft Place Ash Street Broadripple Addition No. 1 south of Ashley Way Ashley Way Ash Street Eastlake Tracts, RKII Addition and Broadripple Addition #1 east of Ashcroft Place B Street A Street Guffin-Eccles Addition #2 and #3, and Reaugh Addition Baker Street Washington Avenue Baker Heights Ball Court Bell Drive Ball Addition Balsam Street Birch Street Plat of Neppel Balsam Street Madison Avenue Swanson Addition, Westview Tracts, Von Marbod Plat, Caster Addition #1, and Medical Center Addition #1 Barbara Avenue Shorelane Peninsula Annex Ordinance No. 2910 Page 2 Street Name Changes New Name Former Name Location Barbara Avenue Barbara Street Entire Length Block Street Gingko Street Wheeler Road to East Broadway Blue Jay Drive Blue Heron Drive Willow Crest Estates, Phase 3 Boyle Street Balsam Street Curtis Addition Broadway Ave. (SR171) W. Highway 10 I-90 eastbound off ramp to Road 4 NE Brown Avenue Tenth Avenue Garden Heights Buchanan B Street U.S. Bureau of Reclamation Operation and Maintenance Headquarters, Moses Lake Bud Lane Wiser Lane That portion common to Lots 3, 4, 9, & 10, Wiser Commercial Park Plat between Wiser Lane and Hamilton Road Burress Avenue Orchard Avenue Capistrano Addition Burress Avenue Lemons Lane Pleasant View Addition C Street B Street Guffin-Eccles Addition #2 and #3 Canterbury Lane Grand Drive Carlson Addition, North Terrace Addition, and North Terrace Addition #2 Central Drive Division Road West of Grape Drive commonly known as Murphy Street Century Street Crestridge Drive Crestview Heights Major Plat Clark Road Clark Drive Entire length - Knolls Vista 6, 7, 10, 11, 15, and Sage Heights Division #1 Clover Drive Clover Lane Doney Addition No. 1 Clover Drive County Road Lakeview Terrace Unit 2 Columbia Avenue Unnamed The unnamed area of Columbia Avenue extended north of A Street to where the street changes alignment and becomes 4th Avenue Coolidge Street C Street U.S. Bureau of Reclamation Operation and Maintenance Headquarters, Moses Lake and North Terrace Coolidge Street Keifer Drive Plat of Grant County Homes Division Street Germania Street Plat of Neppel Ordinance No. 2910 Page 3 Street Name Changes New Name Former Name Location Division Street Eastlake Drive Humphrey Addition Division Street Montlake Montlake Addition No. 1 and Montlake Addition No. 2 Dogwood Street Wood Street Guffin Tract 2 Driggs Drive Central Drive (also previously called Wapato Drive) North of I-90 Dusty Street 2nd Avenue 2nd Addition to Westlake Tracts Evelyn Drive Central Drive Vista Village Addition Fairbanks Drive Fir Drive Lakeview Terrace Unit #1 Garden Drive Sunset Drive Crestline Addition Grand Drive Evergreen Drive Carlson Addition and North Terrace Addition Grape Drive Holly Drive Knolls Vista 16th Addition Gumwood Street Grape Street Mattson Addition Hamilton Road Wiser Lane That portion common to Lots 4, 5, 6, 10, and 11, Wiser Commercial Park Plat and Lots 1, 4, and 5, Replat of Lot 12 Wiser Commercial Park Plat from Wheeler Road to southerly boundary of the Wiser Commercial Park Plat Hill Avenue Division Avenue Lakeview Terrace Unit #1 Hill Avenue Hill Street Entire Length Hill Avenue John Street Eastlake Tracts Ivy Avenue Central Avenue Driggs Addition and Guffin-Eccles Addition #2 and #3 Jefferson Street Jefferson Drive Assembly of God Addition Jefferson Street Jefferson Avenue Baker Heights No. 2 and West View Tracts Jones Avenue McDonald Boulevard Municipal Tract No. 1 and Montlake East #6 Jones Avenue Jones Boulevard Baron Estates #1 Juniper Drive Juniper Street Moses Lake Medical Center Short Plat Kennedy Place Unnamed Street Kennedy and Wutzke Addition Ordinance No. 2910 Page 4 Street Name Changes New Name Former Name Location Kinder Road Division Road East of State Route 17 on Plat of Park Orchard Tracts Kittelson Road Kittleson Road Ernies 2nd Addition Plat, Maiers Short Plat, Maiers Short Plat No. 2, ,Sturm’s 1st Short Plat, and Shari’s Short Plat Knolls Vista Drive Meridian Avenue commonly known as Pine Street Between Northshore Drive and Knolls Vista Drive, and Knolls Vista Addition 5A Lakeshore Court (new street) All that street west of the intersection of Wanapum Drive and Lakeshore Drive Lakeshore Drive Tana Drive Entire length: from I-90 east bound off ramp to the southerly most point of the right-of-way in the Point Lorraine Estates Plat Lakeshore Drive Lakeside Drive Graham Addition, Graham 2nd Addition, and Simmons Addition No. 2 Lakeside Drive Loma Drive Lakeview Village and Battery Orchard Tract #31 Lakeside Drive Gann Avenue Subdivision of Tract 28 Battery Orchard Tracts Lakeside Drive Unnamed Street Street through intersection of Ivy Avenue to intersection of Milwaukee Avenue and Western Avenue Lakeside Drive Cascade Avenue South from intersection of Cascade Avenue and Lakeside Drive Lakeside Drive Lakeshore Drive Marigold Addition, Pleasant View, and Tichacek Addition Lark Avenue Park Street Lakeview Terrace Unit 1 Lewis Avenue 6th Avenue Plat of Park Orchard Tracts Marina Drive Lakeshore Drive Plat of Battery Orchard Tracts, north of I-90 Mattson Avenue Division Avenue Knolls Vista Addition No. 1, Knolls Vista Add. #2, and Knolls Vista Addition Michael Avenue Elm Street Pleasant View Addition Milwaukee Avenue Lakeside Drive Intersection of Milwaukee Avenue and West ern Avenue to Lot 13, Terminal Park Addition Nelson Road Nelson Street/Ave. Entire Length Ordinance No. 2910 Page 5 Street Name Changes New Name Former Name Location Northshore Drive Lakeview Drive Knolls Vista and 1st Addition to Knolls Vista Northshore Drive Park Drive Pilgrim Congregational Church, Knolls Vista 5th Addition, and Knolls Vista Addition 5A Oklahoma Street Nevada Street 2nd Addition to Westlake Tracts Pacific Street Winona Vance-Emery Subdivision Paxson Drive Kiefer Drive Plat of Park Orchard Tracts Paxson Drive John Street Larson Plat No. 2 and Replat of Block 2 Larson Plat No. 2 Peninsula Drive Tana Drive Entire length - Hansen Repl at to the southerly most point of the right-of-way in the Point Lorraine Estates Plat Peterson Place Terminal Place Battery Orchards Tracts Pioneer Way SR-18 SR-17 to Broadway Avenue Polo Ridge Drive Leland Drive Crestview Heights Major Plat Prichard Road Westlake Drive South side of I-90 for Town of Westlake Records Reisner Road Valley Road Knolls Vista Roberta Street Dorothy Street Montlake East #2 Russell Avenue Russel Avenue Russell Addition Sand Dunes Road Montana Street South of Interstate 90 Sandy Street 1st Avenue 2nd Addition to Westlake Tracts Sharon Avenue Unnamed Street The diagonal area of street between Monroe Street and Sharon Avenue Spruce Street Park Street Capistrano Park Stratford Road Alder Street Broadway Avenue to the northerly city limits Stratford Road Meridian Drive Plat of Park Orchard Tracts Sycamore Street Sycamore Lane Lynn Addition No. 2 Plat Tamer Lane White Drive Sage Bay Division No. 8 Major Plat Terrace Avenue No Name North Terrace Valley Road Ash Road Plat of Park Orchard Tracts Vista Drive Park Drive Plat of Park Orchard Tracts Ordinance No. 2910 Page 6 Street Name Changes New Name Former Name Location Walnut Avenue 6th Avenue Rittenhouse Addition Wanapum Drive Interlake Peninsula Drive east to the lake's edge and west to Lakeshore Drive Wapato Drive Central Drive Plat of Battery Orchard Tracts south of I-90 Wellington Street Wellington Court Sage Bay Division No. 8 Major Plat Westshore Drive West Shore Drive 1st Addition to Westlake Tracts Wheeler Road Wheeler Street/Ave. Entire length from Pioneer Way east to the city limits William Avenue Hill Place The Loop Plat Windy Street 3rd Avenue 2nd Addition to Westlake Tracts Yonezawa Boulevard (new street) SR-17 west to Division Street 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 September 11, 2018. _____________________________________ Karen Liebrecht, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Ordinance No. 2910 Page 7 Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: September 17, 2018 Date Effective: September 22, 2018 Page 1 of 2 CITY OF MOSES LAKE STAFF REPORT To: John Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: September 7, 2018 Proceeding Type: New Business Subject: MLMC 13.08 Water and Sewer Connections Amendment Legislative History:  First Presentation: September 11, 2018  Second Presentation: September 25, 2018  Requested Action: Consideration Staff Report Summary Attached is an ordinance to amend MLMC 13.08.046 and 13.08.081 which will remove water main assessments on Washington State Department of Natural Resources (WSDNR) property in consideration for Kittelson Road Easements. Background The south half of Kittelson Road from Highway 17 to Road L NE has been owned by the WSDNR. No record can be found that conveys that property to the County or City for right of way purposes. The City has negotiated to acquire the property from WSDNR in exchange for waiving the reimbursements to the property for future water connections. Fiscal and Policy Implications The City will not collect future reimbursements for a water connection on the WSDNR property. The City will not have to pay for the right of way to operate and maintain Kittelson Road. Page 2 of 2 Options Option Results  Move to adopt the Ordinance as presented. First Presentation, no motion required  Modify the Ordinance Action could require staff to bring a revised document to Council for consideration.  Take no action The property will not be acquired and the City will not have the right to operate and maintain the roadway. Staff Recommendation Staff recommends City Council adopt the Ordinance at the next Council Meeting. Attachments A. Draft Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel  Ordinance MLMC 13.08 Amendment September 11, 2018 ° ORDINANCE NO. 2908 – 1st Presentation AN ORDINANCE AMENDING MLMC 13.08.046 AND 13.08.081 REGARDING WATER MAIN CONNECTION CHARGES THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 13.08.046 Main Connection Charges – Highway 17 is amended as follows: 13.08.046 Main Connection Charges - Highway 17: A. Water service installed by the City of Moses Lake along Highway 17 for property described below, shall be reimbursed by the property owner upon property subdivision or upon request to connect to city water. The reimbursement shall be a portion of the regular permit fee for water services as required by ordinance. The reimbursement amounts of the permit fee shall be deposited to the 477 fund and the remaining portion of the permit fee shall be placed in the City of Moses Lake water revenue fund. 1. The connection charge shall be assessed against the following property at a cost of $14.07 per front foot: Those parcels of land in Section 25, Township 19 North, Range 28 East Willamette Meridian, lying easterly of and abutting the following described line: Commencing at the south 1/4 corner of said section; thence south 89 19'20" east along South boundary line of the southeast ¼ line of said section a distance of 110.46 feet’ thence north 00 degrees 38’33” east a distance of 30.00 feet to the northerly right-of-way line of Kittelson Road and to the northeasterly right-of-way line of State Highway SR-17 and to the true point of beginning; thence north 38 degrees 53’30” west along the northeasterly right-of-way line of said highway a distance of 3,806.61 feet; thence on a 716.36 foot radius curve concave to the northeast an arc distance of 486.90 feet, the long chord of said curve being north 19 degrees 25’00” west a distance of 477.59 feet; thence north 00 degrees 3’30” east a distance of 1,916.04 feet to the southerly right-of-way line of Nelson Road and to the terminus of the line being described except the South Campus Park Binding Site Plan. 2. The connection charge shall be assessed against the following property at a cost of $0.00453 per square foot: A portion of land in Sections 25, 26, 35 and 36, Township 19 North, Range 28, East Willamette Meridian, more particularly described as follows: The west 1/2 of Section 25 lying south of a line 660 feet north of Farm Unit 123 and northeasterly of State Highway SR-17, except the South Campus Park Binding Site Plan; together with: ° ° ° ° The southerly 868.5 feet of the westerly 1,112.5 feet of the southwest 1/4 of the southeast 1/4 of Section 25; together with: The west 1/2 of Section 25 lying southwesterly of State Highway SR-17; together with: The east 1/2 of the east 1/2 of Section 26 lying southerly of a line 660 feet north of the north boundary line of the southeast quarter of Section 26; together with: The east 1/2 of the northeast 1/4 of Section 35 lying north of State Highway I-90; together with: The north 1/2 of Section 36 lying north of State Highway I-90; xcept: All that land contained in all state, county, and city right-of-ways. B. Water service installed by the City of Moses Lake along Highway 17 for property described below, shall be reimbursed by the property owner upon request to connect to city water. The reimbursement shall be a portion of the regular permit fee for water services as required by ordinance. The reimbursement amounts of the permit fee shall be deposited to the 477 fund and the remaining portion of the permit fee shall be placed in the City of Moses Lake water revenue fund. 1. The connection charge shall be assessed against the following property at a cost of $14.07 per front foot: Those parcels of land in Section 25, Township 19 North, Range 28 East Willamette Meridian, lying easterly of and abutting the following described line: Commencing at the northwest corner of said section; thence south 89 20'00" east along the north boundary of said section 429.00 feet; thence south 00 32'31" west 700.00 feet; thence north 89 20'00" west 279.00 feet to the east right-of-way of SR 17, and the true point of beginning; thence south 00 32'00" west along the east right-of-way of said SR 17 a distance of 597.00 feet. 2. The connection charge shall be assessed against the following property at a cost of $0.00453 per square foot: A portion of land in Section 25, Township 19 North, Range 28, East Willamette Meridian, more particularly described as follows: The south 660 feet of the east 1,775 feet of Farm Unit 117, Irrigation Block 41 except all that land contained in all state, county, and city right-of-ways. Section 2. Section 13.08.081 Water Main Connection Charges – Installed along Kittelson Road and Road ‘L’ NE is amended as follows: 13.08.081 Water Main Connection Charges - Installed along Kittelson Road and Road ‘L’ NE: Water service installed by the City of Moses Lake along Kittelson Road and Road ‘L’ N.E.in Sections 25 and 36, Township 19 North, Range 28 East, W.M., and Sections 30 and 31, Township 19 North, Range 29 East W.M. under the Water Main Replacement Project 2003 shall be assessed thirty dollars and eleven cents ($30.11) per front foot on the properties described below. The charge shall be paid upon property subdivision or upon request to connect to city water. The reimbursement shall be placed in Fund 410. All properties abutting Kittelson Road from the west right of way line of Ramm Road to the centerline of Road ‘L’ NE; and all properties abutting Road ‘L’ NE from the north right of way line of Kittelson Road extending 360 feet south, except any properties contained within Section 36, T19N, R28E, W.M. 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 __, 2018. ____________________________________ Karen Liebrecht, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: Date Effective: Page 1 of 2 CITY OF MOSES LAKE STAFF REPORT To: John Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: September 4, 2018 Proceeding Type: New Business Subject: Request Deviation to Driveway Standards Legislative History:  First Presentation: September 11, 2018  Second Presentation:  Requested Action: Motion Staff Report Summary Western Pacific Engineering, on behalf the Moses Lake School District, is requesting a deviation to the driveway setback and separation standards. They have proposed a split driveway on Pilgrim Street to serve new parking lot and access revisions to the Moses Lake High School. The design will place two driveways with ten feet of separation. One driveway will be for entering only and the other exit only. The onsite driveway will be skewed to direct exiting traffic to a right hand turn only to move the traffic east on Pilgrim toward Clover Drive and minimize traffic turning toward Sharon Avenue. The design would provide a safer use for traffic entering and exiting at this location. Background Chapter 12.10 of the Moses Lake Municipal Code provides a minimum separation distance between driveways of 60 feet for Commercial Tertiary Streets. The deviation request is for allowing 10.8 feet of separation for a split driveway design. The City Council may grant a deviation to the standards set forth upon their finding that the granting of a deviation is in the best interest and welfare of the community and that a traffic hazard will not be created. Page 2 of 2 Fiscal and Policy Implications N-A Options Option Results  Move to approve the request as presented Motion required, driveway will be constructed to serve the High School  Modify the request Provide staff with specific changes  Take no action The driveway will be designed and constructed per Community Standards Staff Recommendation Staff recommends City Council consider approval of the request as presented. Attachments A. Site Plan & Vicinity Map Legal Review N-A Page 1 of 2 CITY OF MOSES LAKE STAFF REPORT To: John Williams, City Manager From: Gilbert Alvarado, Deputy City Manager Date: September 7, 2018 Proceeding Type: New Business Subject: Impact Fee Planning and Support Contract Legislative History: • First Presentation: September 11, 2018 • Second Presentation: • Action: Motion Staff Report Summary The City Council has directed staff to retain a Consultant through a contract for services to develop a methodology implementing Impact Fees authorized under RCW 82.02.050 and WAC 365-196-850. As a city planning under the Growth Management Act, Impacts Fees are authorized and may be imposed at the discretion of the City Council. Impact Fees collected by a jurisdiction must be for system improvements with some nexus to the development paying the impact fees. If Impact Fees are to be imposed on new development, the fees must be based on a methodology, or rate schedule. The formula or calculation must demonstrate fair and equitable fees. Staff has met with the Parametrix, Engineering-Planning-Environment Sciences and have developed a Scope of Work for a contract for services. Background During the development of the 2018 Budget, the City Council discussed potential revenue sources given the impacts to the General Fund due to economic development and growth of the Page 2 of 2 community. Impacts Fees were part of the discussion and it was determined that these type of fees may be warranted given the demand for public facilities and services that are created by new development. Fiscal and Policy Implications The development and collection of Transportation Impact Fees and Fire Impact Fees for new development would help defray some of the financial impacts to the General Fund. Options Option Results • Authorize the City Manager to sign a Contract for Professional Services with Parametric The development of a Draft Impact Fee Rate Schedule for new development • Consider the Contract for Professional Services and no action taken New development continues and impacts to public facilities continue with no collection of fees associated with those impacts. Staff Recommendation Staff recommends that City Council authorize the City Manager to enter into a Professional Services Agreement with Parametrix for the development of Transportation Impact Fees and Fire Impact Fees. Attachments A. MRSC Article Legal Review – N-A Impact Fees This page provides a general overview of impact fees for cities and counties in Washington State, including information on how they may be used and sample documents from selected jurisdictions. What Are Impact Fees? Impact fees are one-time charges assessed by a local government against a new development project to help pay for new or expanded public facilities that will directly address the increased demand created by that development. What Can Impact Fees Be Used For? RCW 82.02.050 - .110 and WAC 365-196-850 authorize counties, cities, and towns planning under the Growth Management Act (GMA) to impose impact fees for: • Public streets and roads • Publicly owned parks, open space, and recreation facilities • School facilities • Fire protection facilities These impact fees may only be imposed for “system improvements” - public capital facilities in a local government’s capital facilities plan that are designed to provide service to the community at large (not private facilities), are reasonably related to the new development, and will benefit the new development (WAC 365-196-850). Impact fees cannot exceed a proportionate share of the cost of the system improvements, and municipalities must have additional funding sources and may not rely solely on impact fees to fund the improvements (RCW 82.050.050). Impact fees may not be used to correct existing deficiencies.For instance, a school district may use the impact fees from a development to pay for construction of new classrooms at specific schools to accommodate the increased enrollment anticipated from that specific development. But the district may not use the impact fees to build new classrooms to reduce overcrowding caused by existing residents. An impact fee ordinance, however, “may provide for the imposition of an impact fee for system improvement costs previously incurred by a county, city, or town to the extent that new growth and development will be served by the previously constructed improvements provided such fee shall not be imposed to make up for any system improvement deficiencies” (RCW 82.02.060(8)). For example, if a public works maintenance facility was designed and constructed to address both existing deficiencies (say, 60%) and future growth needs (say, 40%), impact fees could be used to pay for up to 40% of the debt service on the bond issued for that facility. Page 1 of 6MRSC - Impact Fees 09/07/18http://mrsc.org/Home/Explore-Topics/Planning/Land-Use-Administration/Impact-Fees.aspx Transportation Impact Fees Transportation impact fees must be used for “public streets and roads” that are addressed by a capital facilities plan element of a comprehensive plan adopted under the GMA (RCW 82.02.050(4) and RCW 82.02.090(7)). It is unclear whether state law allows these impact fees to be used to fund multimodal improvements, but such use is probably acceptable as long as the improvement is within the street right-of-way - such as bus lanes, sidewalks, or bike lanes - and there is a strong transportation-related justification. However, it is doubtful that impact fees could pay for buses, vanpool vehicles, recreational trails, or other projects outside the right-of-way. Since impact fees are restricted to capital facilities, they cannot be used to fund transportation studies or operating and maintenance costs. Bellingham has compiled a comparison of 2017-18 transportation impact fee base rates in Western Washington. Note: This information only applies to transportation impact fees authorized by RCW 82.02.050 - .110 and WAC 365-196-850 for jurisdictions planning under GMA. Separate legislation (the Local Transportation Act, chapter 39.92 RCW, whose initial passage predated GMA by two years) authorizes all counties, cities, towns, and transportation benefit districts across the state - including those not planning under GMA - to impose transportation impact fees, but MRSC is not aware of any jurisdictions that currently do so under that authority. Park Impact Fees Park impact fees must be used for “publicly owned parks, open space, and recreation facilities” that are addressed by a capital facilities plan element of a comprehensive plan adopted under the GMA (RCW 82.02.050(4) and RCW 82.02.090(7)). Most cities and counties in Washington only charge park impact fees to residential construction or the residential portion of a mixed use building or development, but a few also charge commercial or industrial developments, since employees (and not just residents) can directly benefit from nearby parks and recreational facilities. (See Tukwila's example in the sample documents section.) School Impact Fees School impact fees must be used for “school facilities” that are addressed by a capital facilities plan element of a comprehensive plan adopted under the GMA (RCW 82.02.050(4) and RCW 82.02.090(7)). Typically, school impact fees apply only to residential construction or the residential portion of a mixed use building or development. School districts are responsible for expending the impact fees but are not authorized to collect the fees. As a result, school impact fees require cooperation between school districts and the cities, towns, or counties administering the impact fee program. This cooperation should take the form of an interlocal agreement (ILA) that specifically identifies each party’s role. Any exemption for school impact fees that would otherwise be distributed to a school district must first be approved by the school district (RCW 82.02.060(3)). Page 2 of 6MRSC - Impact Fees 09/07/18http://mrsc.org/Home/Explore-Topics/Planning/Land-Use-Administration/Impact-Fees.aspx Fire Impact Fees Fire impact fees must be used for “fire protection facilities” that are addressed by a capital facilities plan element of a comprehensive plan adopted under the GMA (RCW 82.02.050(4) and RCW 82.02.090(7)). Because state law provides no further statutory or administrative definitions, some jurisdictions have taken it upon themselves to define “fire protection facilities” in their own municipal codes. (See Auburn's example in the sample documents section, which includes fire engines and equipment.) Determining Impact Fee Rates Local governments must establish a rate schedule for each type of development activity that is subject to impact fees, specifying the fee to be imposed for each type of system improvement (RCW 82.02.060). The schedule must be based on a formula or other calculation that incorporates, among other things: • The cost of public facilities necessitated by new development • The cost of existing public facilities improvements • Adjustments to the cost of the public facilities for past or future payments made or reasonably anticipated to be made by new development • The availability of other public funding sources • The method by which public facilities improvements were financed These rate studies should be updated periodically to reflect changes in the cost of facilities. While local governments are not required to hold a public hearing before adopting or increasing impact fees, it may be prudent to do so, especially if the decision might be controversial. Local governments may provide exemptions for low-income housing and other development activities with “broad public purposes” (RCW 82.02.060). Some jurisdictions reduce or waive certain types of impact fees for certain types of development, either to incentivize development or because the development places no significant burden on existing facilities. Practice Tip:Some jurisdictions automatically adjust their impact fees by indexing them, which protects future revenues and can potentially eliminate the need for the legislative body to go through a formal rate setting process again. For instance, see: •Federal Way Municipal Code Sec. 19.91.160 - Transportation impact fees indexed to a three-year moving average of the WSDOT Transportation Construction Cost Index. Rate study must be updated every three years, unless city determines that circumstances have not changed to warrant an update. •Ridgefield Municipal Code Sec. 18.070.090 - Park impact fees indexed annually to Portland Consumer Price Index for first half of the year, but may only increase automatically for three consecutive years. If fees are set to automatically increase for a fourth consecutive year, city council must hold a public hearing and establish new impact fee rates. Note that the Portland-Salem CPI index has been eliminated effective January 1, 2018. •West Richland Municipal Code Sec. 16.14.105 - Park impact fees indexed annually to Seattle Metropolitan Area Consumer Price Index and rounded to the nearest five dollar increment. (Similar provision for transportation.) Please note:There have been several geographic changes to the CPI indexes beginning January 1, 2018. For more Page 3 of 6MRSC - Impact Fees 09/07/18http://mrsc.org/Home/Explore-Topics/Planning/Land-Use-Administration/Impact-Fees.aspx information, see our page Consumer Price Index. Collecting Impact Fees Impact fees generally must be paid before construction begins. The money must be earmarked and retained in special interest-bearing accounts, with a separate account for every type of facility for which the fees are collected (schools, fire, etc.). Each agency that imposes impact fees must provide an annual report on each of the accounts showing the source and amount of revenues, as well as the improvements financed with the revenue (RCW 82.02.070). For information on accounting requirements for impact fees, see the BARS Manual, section 3.6.7. Effective September 1, 2016, ESB 5923 (codified at RCW 82.02.050) required cities, towns, and counties to adopt an impact fee payment deferral system for small single-family residential developments, allowing developers to pay the fees after construction instead of beforehand. For details and examples, see Impact Fee Payment Deferral Programs. Deadline for Expending Impact Fees Impact fees must be expended or encumbered within 10 years of receipt, unless there is an “extraordinary and compelling reason” for fees to be held longer, which must be documented in writing by the governing body (RCW 82.02.070). RCW 82.02.080 requires each jurisdiction to refund the impact fees, plus earned interest, to the developer if: • The impact fee is not expended or encumbered within 10 years of collection; • The jurisdiction ends its impact fee program and the funds have not yet been expended or encumbered; or • The developer does not proceed with the proposed development activity and requests a refund. Examples of Impact Fee Provisions Below are selected examples of impact fee ordinances, codes, and rate studies from cities and counties in Washington State. Some of these examples may not be updated yet to comply with a new state law (ESB 5923, codified at RCW 82.02.050), which requires impact fee deferral programs for small single-family residential developments to be in place by September 1, 2016. For examples of impact fee deferral programs, see our page on Impact Fee Payment Deferral Programs. Rate Studies and Calculations •Bainbridge Island Impact Fee Rate Study (2015) - Transportation •Bellingham Comparison of Transportation Impact Fee Rates (2017) - Examines 2017-2018 transportation impact fee base rates in Western Washington, with jurisdictions near Bellingham highlighted. •Lake Washington School District Capital Facilities Plan (2015) - Schools (see appendices) Page 4 of 6MRSC - Impact Fees 09/07/18http://mrsc.org/Home/Explore-Topics/Planning/Land-Use-Administration/Impact-Fees.aspx •Renton Rate Study for Impact Fees (2011) - Transportation, parks, fire •Sequim Impact Fee Program (2013) - Transportation •Thurston County Impact Fee Rate Study (2012) - Parks Impact Fees for Multiple Capital Facilities - Cities •Redmond Municipal Code Ch. 3.10 - Highlighted in a 2008 State Auditor’s Office report for using leading practices in fire and transportation impact fees, including calculating, charging, and maintaining transportation impact fees and taking into account fire impacts by land use type. •Olympia Municipal Code Title 15 - Transportation, schools, parks - Good, consolidated format of the Impact Fee provisions, and includes a Chapter on Transportation Concurrency. Transportation Impact Fees - Cities •Bellingham Municipal Code Sec. 19.06.040(E) - Received the 2012 APA-PAW Award for Transportation Planning for incentivizing fewer auto trips through reduced impact fees for certain types of development. For details, see Bellingham’s webpage on Transportation Impact Fees. •Ellensburg City Code Ch. 14.04 - Any development activity in central commercial district is considered to be redevelopment (not new development), so exempt from paying transportation impact fees; 5% administrative fee; public works director makes determination about whether a particular development activity falls within a transportation impact fee exemption. •Spokane Municipal Code Ch. 17D.075 - Lots of detail included within the code, including a “four service areas” map and impact fee project list; severability clause. Park Impact Fees - Cities •Bothell Municipal Code Ch. 21.08 - Broad focus on parks and recreation facility needs; includes a detailed fee schedule. •Tukwila Municipal Code Ch. 16.28 - Charges park impact fees to new office, retail, and industrial development. •Tumwater Municipal Code Ch. 3.52 - Includes a detailed fee schedule; impact fees are assessed for two types of service areas: regional/citywide and local. School Impact Fees - Cities •Vancouver Municipal Code Sec. 20.915.060 - Highlighted in a 2008 State Auditor’s Office report for leading practices in school impact fees, particularly the rate schedule and calculations. •Mukilteo Municipal Code Ch. 3.100 - Requires city council to adopt by reference the school district’s capital facilities plan into the city’s comprehensive plan; district’s capital facilities plan must be readopted by City at least once every two years and must meet city’s requirements; impact fee calculation formulation included as Attachment A. •Pasco Municipal Code Ch. 3.133 - Credit for in-kind contributions Fire Impact Fees - Cities •Auburn Municipal Code Ch. 19.06 – Definition of “fire protection facilities” includes fire trucks and apparatus, fire stations, furnishings, and equipment. Page 5 of 6MRSC - Impact Fees 09/07/18http://mrsc.org/Home/Explore-Topics/Planning/Land-Use-Administration/Impact-Fees.aspx © 2018 MRSC of Washington. All rights reserved. Privacy & Terms. •DuPont Municipal Code Ch. 26.05 - Mentions fire capital facilities plan and six-year capacity; includes actual fee amount in the code. County Impact Fees The examples listed below contain most of the provisions included in the other examples cited above, but are from various counties in Washington. •Kitsap County Code Ch. 4.110 - Roads, parks, schools. •Pierce County Code Title 4A - Transportation, schools, parks. •Thurston County and Rochester School District ILA for School Impact Fees (2013) - Identifies roles and responsibilities for collecting, distributing, and expending school impact fees. Frequently Asked Questions For answers to selected questions MRSC has received about impact fees, see the Ask MRSC Archives. Court Decisions For selected court decisions affecting impact fees, see our page on Impact Fee Court Decisions. Recommended Resources • Impactfees.com - Comprehensive website provided by national impact fee consultants Duncan Associates. Includes news, state and local links, surveys, publications, and case law - but no new information posted since 2014. Last Modified: May 30, 2018 Page 6 of 6MRSC - Impact Fees 09/07/18http://mrsc.org/Home/Explore-Topics/Planning/Land-Use-Administration/Impact-Fees.aspx