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2018 1127 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 Regular Meeting Agenda Moses Lake Civic Center – 401 S. Balsam November 27, 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 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 a.City Council Meeting Minutes dated November 13th b.Bills and Checks Issued c.ADA Policy Resolution 3751 d.Crossroads North Phase V Major Plat Improvements Resolution 3752 Public Hearing #2 2019 Budget Ordinance 2916 Motion Presented by Cindy Jensen, Finance Director Summary: Council to continue hearing from 11-13, review and adopt ordinance as presented November 27, 2018, City Council Meeting – Page 2 Old Business #3 Lodging Tax Funding Recommendations Motion Presented by Cindy Jensen, Finance Director Summary: Council to review and advise staff on how to proceed #4 Code Clean Up Ordinances 2913-2915, MLMC 9.18, 12.36, 18.48.030 Motion Presented by John Williams, City Manager Summary: Council to review and adopt each ordinance separately New Business #5 #6 2018 Budget Adjustment Ordinance – 1st Presentation Presented by Cindy Jensen, Finance Director Summary: Council to review and consider adoption at the next meeting 2019 Legislative Calendar Approval Motion Presented by John Williams, City Manager Summary: Council to review and approve calendar as presented Administrative Reports Council Communications and Reports Adjournment MOSES LAKE CITY COUNCIL November 13, 2018 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: Engineering Tech Dave Thompson led the Council in the Pledge of Allegiance. SUMMARY REPORTS: MAYOR’S REPORT Homelessness Ad Hoc Committee Mayor Liebrecht recommended appointments of Council Member Hankins and Riggs to serve with staff on an Ad Hoc Homelessness Committee. Action taken: Deputy Mayor Curnel moved to affirm the appointments of Council to the Homelessness Ad Hoc Committee, second by Council Member Leonard. The motion carried 7 – 0. PRESENTATION: Japan-America Society – Grassroots Summit Event Two representatives shared information about the organization and the annual Summit held in Seattle this year. Seven visitors selected host families in Moses Lake to spend the weekend with, following an afternoon tour of City and Port facilities on September 20th. CITY MANAGER’S REPORT Agenda Changes Consent Agenda item (g) Build on Unplatted Property – Peter Goulenko, Resolution 3749 was moved to New Business item (7) and a 10-minute Executive Session item was added to the end of the Agenda. Establish Time for 2nd Council Meeting in December In 2017, Council approved to cancel the 2nd regular meeting in December 2018 and conduct a special meeting on the 19th. Council concurred that a 5:30 p.m. start time would be acceptable for this meeting which will be mainly to pay bills. 3rd Quarter Financial Report Finance Director Cindy Jensen’s report was distributed to Council at the meeting and will be posted on the city’s website. CITY COUNCIL MINUTES – November 13, 2018 pg. 2 New City Employee Introduction Police Chief Kevin Fuhr provided a brief history about Sara Hanson and then administered her Oath of Office as Moses Lake Police Officer. WA State Health Care ILA As discussed earlier this year, this Agreement will provide reimbursements for Ground Emergency Medical Transport of Medicaid clients. Action taken: Council Member Leonard moved to authorize the City Manager to execute the Interlocal Agreement with WA State Health Care, second by Council Member Myers. The motion carried 7 – 0. Dunes Lease Council provided authorization at the last meeting for staff to negotiate lease terms of a property adjacent to the Dunes Treatment Plant. Terms were negotiated for 120 acres of land at $300 per acre for a 20-year period. Action taken: Deputy Mayor Curnel moved to authorize the City Manager to execute the Lease Agreement, second by Council Member Leonard. The motion carried 7 – 0. Water Meter Vault Project Superior Walls completed a portion of the work on the water meter vault project before the city terminated the contract due to failure to perform on July 31, 2018. Action taken: Council Member Leonard moved to accept the portion of work completed on the project by Superior Walls, second by Council Member Myers. The motion carried 7 – 0. Homelessness Matters Ordinances 2913, 2914, 2915 – MLMC 9.18, 12.36, 18.48 Staff drafted emergency ordinances amending regulations in an effort to improve the homeless population situation. Council requested the ordinances be placed as Old Business on the November 27th agenda for further review and potential adoption. CITIZEN’S COMMUNICATIONS Elisia Dalluge, 310 Loring Dr, Moses Lake, commended Council and staff for working on solutions related to the homeless issue, noted that the warming center will open December 1st, and requested there be consideration to open park restrooms for the homeless population. Brant Mayo, Grant County EDC Executive Director, provided a background on their relations with the City and requested Council to increase the annual transfer to a past funding level. Reverend Beavers and Chaplain Lin Curran, 900 N. Grape Dr, Unit 14, Moses Lake, shared their interaction and contributions to the local homeless population. Cindy Goldsmith, 1602 E Filmore Dr, Moses Lake, requested that any assistance to the homeless population be for them to help themselves and not to be a handout. She is concerned about contamination of habitat at Parker Horn and illegal drugs use from the homeless population. CITY COUNCIL MINUTES – November 13, 2018 pg. 3 CONSENT AGENDA #1 a. City Council Meeting Minutes dated October 20th, 23rd, and 25th b. Claims in the amount of $981,670.54; prepaid claim checks in the amounts of $1,963.88, $27,822.10, $69,816.72, $6,096.73, and $76,432.41; claim checks in the amount of $839,923.60; and payroll checks in the amounts of $368,974.09, and $373,216.07. c. Accept Combined Storage Bid d. Accept Ballfield Lighting Bid e. Surplus Equipment Resolution 3747 f. Sale of Surplus Equipment g. moved to New Business item (7) Action taken: Council Member Jackson moved to approve the Consent Agenda, second by Council Member Riggs. The motion carried 7 – 0. PUBLIC HEARING #2 Property Tax Levy Resolution 3748 RCW35A.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 8:02 p.m. There was no public testimony and the hearing was closed. Action taken: Council Member Hankins moved to adopt Resolution 3748, second by Council Member Riggs. The motion carried 7 – 0. #3 2019 Preliminary Budget Ordinance Council and staff reviewed the first draft of the Preliminary Budget in detail during a workshop held on Saturday, October 20th. Mayor Liebrecht opened the public hearing at 8:07 p.m. Chuck Perry provided testimony requesting the city fund its own promotion and advertising of recreation opportunities. There being no further comment, the hearing was continued to November 27th. OLD BUSINESS #4 Solid Waste Rate Change Ordinance 2912 In response to the ongoing difficulty in balancing the Solid Waste budget, Council commissioned a cost of service study which was completed in September. In light of the budget shortfall, due to significant recycling program changes in 2018, Council directed staff to make an increase to the 48 gallon cart cost because this service has the most number of residential customers, and was the most subsidized. Action taken: Council Member Hankins moved to adopt Ordinance 2912 as written, second by Deputy Mayor Curnel. The motion carried 4 – 3, Council Members Myers, Leonard, and Jackson were opposed. NEW BUSINESS #5 9127 Space Street Water/Sewer Connection Request Alexandr Nakonechnyy requests approval to connect to the City’s water and sewer CITY COUNCIL MINUTES – November 13, 2018 pg. 4 systems to serve their property parcel #120367000. This request triggers an annexation process in this area, however, staff will present an impractical purpose to annex for Council approval at a later date. Action taken: Council Member Jackson moved to approve the request to connect to city water and sewer at 9127 Space St with an extraterritorial agreement, second by Council Member Hankins. The motion carried 7 – 0. #6 Street Design Standards Council requested this to be put on the agenda at the last regular meeting. Planning Commission Chair Nathan Nofziger and City Engineer Richard Law provided an explanation to the current standards. The motion made by Council Member Hankins to change the existing standards died for lack of a second. #7 Build on Unplatted Property – Resolution 3749 MLMC 16.02.040 authorizes staff to approve a building permit if the Council finds the public interest will not be effected. Section (2) of the draft resolution will be changed to reflect this statement. Action taken: Mayor Liebrecht moved to adopt Resolution 3749 as amended, second by Council Member Hankins. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Police Chief Kevin Fuhr announced that Captain Dave Sands will be leaving on January 7th to attend the FBI National Academy. Captain Sands is the first Moses Lake Officer to be accepted to this Academy. COUNCIL COMMUNICATIONS AND REPORTS – no action taken. EXECUTIVE SESSION Mayor Liebrecht called an Executive Session at 9:17 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 9:30 p.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Page 1 of 2 STAFF REPORT To: John Williams, City Manager From: Debbie Burke, City Clerk Date: November 19, 2018 Proceeding Type: Consent Agenda Subject: ADA Grievance Procedure Resolution Legislative History: • First Presentation: November 27, 2018 • Second Presentation: • Requested Action: Motion Staff Report Summary The City is required to designate an ADA Coordinator. The prior Resolution named the former Human Resources Director by name. The new Resolution names two persons by title only. Background The City Council adopted a policy and procedure in 2009 in compliance to the ADA discrimination requirements. The proposed Resolution will repeal and replace the city’s process. Fiscal and Policy Implications N-A Options Option Results • Move to adopt the Resolution 3751 as presented Staff will post the new policy and the city will be in compliance with Title II • Modify Resolution 3751 Provide staff with specific changes • Take no action The prior policy will remain in effect Page 2 of 2 Staff Recommendation Staff recommends City Council approve Resolution 3751 as presented. Attachments A. Proposed Resolution 3751, Policy, and Complaint Form Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Resolution and Exhibit ADA Policy and Procedure November 19, 2018 ADA Complaint Form Grievance Report November 19, 2018 ADA – Public Services Page 1 Subject: American with Disabilities Act Policy and Grievance Procedure Index: HUMAN RESOURCES 2.46 Page 1 of 3 Approved by: Effective Date: 11/27/2018 Section Index: 1.0 Purpose 2.0 Organizations Affected 3.0 Reference 4.0 Policy 5.0 Procedure 1.0 PURPOSE: This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Moses Lake. These procedures do not apply to employment-related complaints of disability discrimination. 2.0 ORGANIZATIONS AFFECTED: All departments, elected officials, and the public. 3.0 REFERENCE: Title II of the Americans with Disabilities Act of 1990 28 CFR 35.107 City Council Resolution 3751 4.0 POLICY: In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Moses Lake will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The City of Moses Lake does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the ADA. ADA – Public Services Page 2 Effective Communication: The City of Moses Lake will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in [the City of Moses Lake programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City of Moses Lake will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in the City of Moses Lake offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Moses Lake, should contact the appropriate ADA Coordinator for the City of Moses Lake as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the the City of Moses Lake to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. 5.0 PROCEDURES If you believe you have been subject to unlawful discrimination based on a disability, submit a written complaint or fill out the ADA Grievance Form as soon as possible, but no later than 60 calendar days after the alleged violation. A copy of the ADA Grievance Form is attached as Appendix 1 to these procedures. The attached form or written complaint may be submitted to the appropriate ADA Coordinator, Monday through Friday, 8:00 a.m. to 5:00 p.m.: Public Facilities: City Engineer 321 S Balsam Moses Lake, WA 98837 Phone 509-764-3782 Services or Programs: Human Resource Director 401 S Balsam Moses Lake, WA 98837 Phone 509-764-3704 A written complaint should contain the following information: • Name, address, and contact information of the person alleging discrimination; ADA – Public Services Page 3 • Name and contact information of representative of complainant, if any; • Description of the service, activity, program, facility, or benefit alleged to be inaccessible; • Date, time, and location of incident giving rise to the grievance; and, • Other persons or city personnel involved. Alternative means of filing complaints, such as personal interview or video recording of the complainant, will be made available for persons with disabilities upon request to the designated ADA Coordinator. Within 15 calendar days after receipt of the complaint, the appropriate ADA Coordinator, or designee, will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the appropriate ADA Coordinator, or his/her designee, will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Moses Lake and offer options for substantive resolution of the complaint. If the response from the City does not satisfactorily resolve the issue, the complainant, or designee, may appeal the decision within 15 calendar days after receipt of the response to the City Manager. Within 15 calendar days after receipt of the appeal, the City Manager, or designee, will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager, or designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by an ADA Coordinator, appeals to the City Manager, and responses from these two offices will be retained by the City for at least three years if the complainant is not an employee, and for six year if the complainant is an employee. Complainant’s Information: Name __________________________________ Mailing Address ______________________________ Resident Address (if different from mailing)________________________________________________ Contact Phone Number(s) _____________________________________________________________ Email Address _____________________________Disability Related to Complaint _________________ Aggrieved Party Contact (if different from complainant): Name __________________________________ Mailing Address ______________________________ Physical Address (if different from mailing)________________________________________________ Contact Phone Number(s) _____________________________________________________________ Email Address ________________________________Relation to Complainant___________________ Complaint Information: Date(s) and address or location of facility, service, or activity alleged to be inaccessible ___________________________________________________________________________________ ___________________________________________________________________________________ City staff or department contacted ______________________________________________________ ___________________________________________________________________________________ Witnesses or others involved – provide name, address, phone number, and email if available ___________________________________________________________________________________ ___________________________________________________________________________________ Please use a separate piece of paper to provide additional information for above and the following: • How were you discriminated against? Explain as clearly as possible what happened, who was involved at what location and time of day. • If you have you filed a grievance, complaint, or lawsuit regarding this matter anywhere else, please provide name and address of each place you have filed. • In the Complainant’s view, what would be the best way to resolve the grievance? I affirm that the foregoing information is true to the best of my knowledge and belief. I understand that all information becomes a matter of public record after the filing of this complaint. Sign and Date _____________________________________________________________________ City of Moses Lake, Washington ADA Discrimination Complaint City Use Only: Date Received ________________ Number of pages: ___________ Page 1 of 2 STAFF REPORT To: John Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: November 19, 2018 Proceeding Type: Consent Agenda Subject: Accept Crossroads North Phase V Major Plat Improvements Legislative History: • First Presentation: November 27, 2018 • Second Presentation: • Requested Action: Motion Staff Report Summary The street and utility improvements constructed to serve the Crossroads North Phase V Major Plat are complete and are ready to be accepted by City Council. Background The plating regulations require all the street and utility improvements installed in right of way and municipal easements to be accepted by City Council or bonded for prior to recording the plat and issuing building permits. The construction plans are required to be reviewed and approved by the City prior to construction. All the construction work is inspected to assure compliance with the construction plans and city standards. The street and utility improvements in place will serve a twenty-nine (29) lot residential subdivision and one additional lot. Fiscal and Policy Implications Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. A SUBDIVISION MAINTENANCE BOND or other approved security in the amount of $157,369.14 (50% of total costs of $314,738.27) to the City is required to be provided by the owners for the two year maintenance period which commences on the date of acceptance of the improvements by the City Council. Page 2 of 2 Options Option Results • Move to adopt the resolution as presented The improvements will be accepted and the plat can be completed. • Modify the resolution Action could require staff to bring a revised document to Council for consideration. • Take no action The City will not accept the plat improvements and the plat could not be completed. Staff Recommendation Staff recommends City Council adopt the resolution as presented. Attachments A. Resolution, site map Legal Review N/A RESOLUTION NO. 3752 A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF CROSSROADS NORTH PHASE V MAJOR PLAT Recitals: 1. Street and utility improvements, lying in dedicated right-of-way or easements, are in place and connected to the City of Moses Lake’s street and utility systems as part of Crossroads North Phase V Major Plat. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards, such facilities being completed in November 2018. 3. RCW 35.91.030 indicates that public street and utility facilities, which are developer installed, should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. Resolved: 1. The City Council of the City of Moses Lake accepts the street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After November 27, 2020, all further maintenance and operation cost of said street and utility improvements, shall be borne by the City of Moses Lake, as provided by city ordinance. ADOPTED by the City Council on November 27, 2018. ________________________________________ Karen Liebrecht, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Page 1 of 2 STAFF REPORT To: John Williams, City Manager From: Cindy Jensen, Finance Director Date: November 20, 2018 Proceeding Type: Public Hearing Subject: 2019 Budget and Fee Schedule Legislative History: • First Presentations: October 20, 2018 (Council Budget Retreat) and November 13, 2018 • Second Presentation: November 27, 2018 • Requested Action: Conduct Public Hearing and Motion Staff Report Summary This is the presentation of the budget ordinance establishing the authorization and spending plan for the 2019 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, 2018. The budget ordinance also adopts the 2019 Fee Schedule by reference. Background The Budget provides for the financial planning, control and evaluation of all funds. Prior to Council presentation the City Manager, Finance Director and Department Directors met in September 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 20, 2018. From there, appropriate changes were made so that the 2018 Preliminary Budget considers guidance and direction given by Council throughout the budget process. For the Preliminary Budget, all funds are balanced within available resources (i.e. reserves and new revenues). Staff sought direction from Council at the regular business meeting on November 13th. Since Council did not recommend changes, the budget ordinance remains unchanged for the November 27th meeting. When the second public hearing is completed on November 27th, Council could pass the ordinance at that meeting. Page 2 of 2 Many of the fees in the fee schedule are unchanged from 2018. Parks and Recreation reviewed their fee structure and are proposing modest 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 2.7%. The exception is the Solid Waste utility which implemented an increase in September in keeping with the timing of the increase in the carrier contract, and a separate adjustment of the 48 gallon cart service which will be effective December 1. Additional explanation and summaries or revenues and expenditures by fund are included in a separate 2019 Preliminary Budget document, which is available for public review on the City of Moses Lake website -- 2019 Preliminary Budget updated 11-6-18 . Fiscal and Policy Implications The total proposed 2019 expenditure budget is approximately $76.7 million with the General Fund operating budget amounting to about $25.65 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 2019 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 11 meeting Staff Recommendation Staff recommends City Council conduct the Public Hearing, then either give direction to make changes for budget adoption, or move to pass the 2019 Budget Ordinance. Attachments A. Budget Ordinance (including Schedule A) Legal Review N-A ORDINANCE NO. 2916 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF MOSES LAKE, WASHINGTON FOR THE YEAR OF 2019; AND MAKING APPROPRIATIONS FOR ESTIMATED EXPENDITURES. WHEREAS, on or before the 2nd day of November, 2018, 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 2019 was duly filed with the Finance Director 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, 2018, the City Council held hearings on the budget and on November 13 and November 27, 2018 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 2019 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 2019 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-2019”, 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 2019 are set forth in summary form entitled “City of Moses Lake, Annual Budget – 2019” which is attached hereto as Schedule A, and are hereby appropriated for expenditure at the fund level during the year 2019. Pursuant to RCW 35A.13.080 the City Manager shall administer the expenditure of all funds appropriated herein, and the City Manager is authorized to take all necessary and prudent actions to implement the City Council’s expenditure directives and budget appropriations. Section 3. The budget for the 2019 fiscal year is inclusive of the 2019 fee schedule as approved and accepted by Council and is adopted by reference. Section 4. The Clerk for City Council is directed to transmit a certified copy of the budget hereby adopted to the Division of Municipal Corporations in the Office of the State Auditor and to the Association of Washington Cities. Section 5. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on November 27, 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: December 3, 2018 Date Effective: December 8, 2018 Fund Description 2019 Projected Resources 2019 Expenditure Appropriation % of budget 000 General Fund 26,743,039$ 25,651,780$ 33.5% 102 Tourism Activities 1,620,000 946,864 1.2% 103 Grants and Donations 676,104 195,688 0.3% 114 Paths and Trails 70,000 31,000 0.0% 116 Street Maintenance 2,891,500 2,574,151 3.4% 119 Street Repair/Reconstruction 3,849,600 3,730,000 4.9% 170 Transportation Benefit District 1,671,000 1,650,000 2.2% 286 Gen Obligation Bond 2016 Refunding 565,334 381,334 0.5% 314 Park and Recreation Improvement 596,800 500,000 315 Park Mitigation Capital Project 556,000 - 410 Water/Wastewater 15,086,300 14,383,230 18.8% 450/1 Water/Wastewater 2011 Bond and Reserves 1,139,600 564,100 0.7% 452/3 Water/Wastewater 2004 Bond and Reserves 1,383,750 674,250 0.9% 471 Water Rights 1,750,000 - 477 Water/Wastewater Construction 10,300,000 6,945,000 9.1% 485 Water/WW Public Works Trust Fund loan D/S 591,765 572,765 0.7% 487 2015 Bond 83,400 76,266 0.1% 490 Sanitation--Solid Waste 4,790,000 4,715,610 6.1% 493 Stormwater 1,352,000 1,176,917 1.5% 495 Airport 102,000 59,009 0.1% 498 Ambulance Utility 3,078,140 2,980,570 3.9% 501 Unemployment Compensation Ins.45,000 31,500 0.0% 503 Self-Insurance -- Risk Management 1,143,200 577,500 0.8% 517 Central Services -- Information Technology 1,693,000 1,624,616 2.1% 519 Equipment Rental -- Fleet Maintenance 3,953,409 2,954,988 3.9% 528 Building Maintenance 3,927,400 3,629,309 4.7% 611 Firemen's Pension 357,000 50,500 0.1% Citywide Total 90,015,341$ 76,676,947$ City of Moses Lake, Washington Annual Budget - 2019 Schedule A Summary of Available Resources and Appropriations by Fund Page 1 of 2 STAFF REPORT To: John Williams, City Manager From: Cindy Jensen, Finance Director Date: November 20, 2018 Proceeding Type: Old Business Subject: 2019 Lodging Tax Advisory Committee Funding Recommendations Legislative History: • First Presentation: October 23, 2018 • Second Presentation: November 27, 2018 • Action: Motion Staff Report Summary The Moses Lake Lodging Tax Advisory Committee (LTAC) met on September 21st and October 10th to consider the 2019 applications for funding support to eligible groups and organizations that have positive impacts on tourism in the greater Moses Lake area. The funding source is the hotel/motel tax that the City of Moses Lake receives from the State of Washington. The LTAC considered all applications in accordance with the LTAC General Guidelines document with specific attention to the Project Evaluation Criteria portion of the Guidelines. The LTAC recommended that the City Council fund 12 of the 17 applications received. At the October 23rd meeting, the Council approved 6 of the committee recommendations, and remanded the rest back to the committee with comments. Staff then met with the Committee Chairman to draft a proposed compromise for LTAC consideration. The LTAC met to consider the Council comments on November 20, and again made funding recommendations. A spreadsheet with a summary of the original recommendation, Council responses, a compromise allocation and the 2nd LTAC recommendation is attached. Background The Lodging Tax is an excise tax authorized by State law in RCW 67.28, Public Stadium, Convention, Arts and Tourism Facilities. The City of Moses Lake has imposed an excise tax on charges for lodging by hotels, motels, and similar business enterprises, pursuant to Chapter 82.08 RCW. In Moses Lake, the total tax on lodging is 4% (this includes the original 2% from sales tax and the additional 2% special excise tax. Page 2 of 2 Fiscal and Policy Implications The City of Moses Lake’s Lodging Tax Fund is the source of city funding for tourism promotion. The city intends to maintain a reserve in the fund, and will assess how much of the fund to appropriate in a given year on an annual basis. The revenues received from the city’s hotel/motel tax may be used for the following purposes only: 1. Tourism marketing; 2. Marketing and promotions of special events and festivals designed to attract tourists; 3. Operations and capital expenditures of tourism-related facilities owned or operated by a municipality of a public facilities district; or 4. Operations of tourism-related facilities owned or operated by Note: As of July 1, 2013, capital expenditures for tourism-related facilities owned by nonprofit organizations are no longer permitted expenditures of lodging tax funds. Options Option Results • Review and approve the LTAC funding recommendations The applicants move forward with budgeting the funding of their requests • Review and revise the LTAC funding recommendations The City Council must advise the LTAC of their revisions to the LTAC funding recommendations • Take no action The hotel/motel tax funds remain in place and continue to accrue Staff Recommendation Staff recommends that the City Council discuss and advise staff on how to proceed. Attachments A. Summary of applications with funding recommendations Legal Review N-A Event LTAC RECOMMENDATION 1 DEAN'S PROPOSAL KAREN'S PROPOSAL STAFF MTG 10/31/18 DIFFERENCE BETWEEN C & F LTAC RECOMMENDATION 2 Difference Between C & H NOTES FROM RYANN Committee Comments 11/20 1-Gym boosters 10,000.00$ 10,000.00$ Approved at Council 10/23 10,000.00$ 0 10,000.00$ 0 2-Spring festival 30,000.00$ 20,000.00$ 30,000.00$ 0 30,000.00$ 0 I don't think I clearly explained headliner cost to council. Dean doesn't think headliner will help bring more people. Gorge has nothing on schedule for Memorial Day at this point and it is a great kick off to our summer and to show people what a good town we have and that they should come back all 3-Harvest festival -$ 3,000.00$ -$ 0 0 Dean felt all MLBA events were local events so we should fund this too. Their overall cost for the event is $150 for flyers and a bit of marketing. The business owners abosorb the cost of the candy. It 4-Harvest Ag parade 1,000.00$ 1,000.00$ Approved at Council 10/23 1,000.00$ 0 1,000.00$ 05-Holiday tree lighting 2,000.00$ 2,000.00$ Approved at Council 10/23 2,000.00$ 0 2,000.00$ 0 6-Sip and stroll 1,000.00$ 1,000.00$ Approved at Council 10/23 1,000.00$ 0 1,000.00$ 0 7-Brews and tunes 4,000.00$ 4,000.00$ Approved at Council 10/23 4,000.00$ 0 4,000.00$ 0 8-Museum/Art center 10,000.00$ 20,000.00$ 10,000+15,000.00$ 5000 15,000.00$ 5000 Karen and Dean both wanted more money to go toward Museum. Freya was able to change the opening of the Bomber Boys Show to open the same day as the Air Show. We felt this was a great 9-Parks and rec flow rider -$ -$ 45,000.00$ 45000 40,000.00$ 40000 y g Rec center, including engineering cost so no new taxes will be needed. In the future the city needs to build in maintenance and sustainability for city related operations. 10-Parks and rec marketing* (now revised for Marketing Position with City) -$ 35,000.00$ 75,000 40,000.00$ 40000 40,000.00$ 40000 City is looking to hire Marketing Manager/PIO for 2019. Of the monies budgeted here, $25k would go toward the salary and $15K go toward start up marketing budget. understanding that 25% of the time of this position is spent on marketing for the city as we want to make sure that the funds we provide are meeting LTAC requirements. 11-chamber—LEAD 30,000.00$ 10,000.00$ -$ (30,000.00)$ -$ -30000 According to MRSC this is not an LTAC elligible use per phone conversation with staff. 12-chamber, visitor center 50,000.00$ 25,000.00$ 40,000.00$ (10,000.00)$ 50,000.00$ 0 Council was concerned about chamber's reliance on LTAC for operations fund. Chamber board is willing to stop doing the visitors center if the city is not willing to contribute funds to the operations. If the allocation is less than $50000 then hours of the center will have to be modified. The Chamber does use membership dollars and 13-chamber, freedom fest 50,000.00$ 40,000.00$ 40,000.00$ (10,000.00)$ 50,000.00$ 0 Councilmember Jackson expressed interest in city taking back fireworks. Staff is not interested in that. The chamber is happy to not do freedom fest. It costs $27000 just for fireworks and that contract is signed in December. That doesn’t cover any of the rental fees or other event fees. With no allocation the city would have to find a way to make freedomfest or fireworks happen if that is their desire. The total cost projected for this year for freedomfest is $75000 and last year’s expenses were $67000. The additional cost this year is to have a headliner both Friday and Saturday night. 14-chamber, advertising 150,000.00$ 55,000.00$ 110,000.00$ (40,000.00)$ 100,000.00$ -50000 With the creation of a marketing position for 2019, the request from the city has been reworked to fund part of this position and start up budget. Also, $15K of this amount should be spent with Parks and Rec input on targeted ads for 1st quarter while marketing position is established. With this money there will be no targeted add to specific Parks and Rec facilities. Quarter 1 marketing needs to be signed by December 1. If the council wants targeted marketing then more money will need to be added back in to the amount allocated. With the hiring of a Marketing Manager, there will be a lag time until the city can fully take over marketing if that’s the desire of council. The Chamber currently has relationships for marketing and has contracted for lower rates than other marketing contractors in the past. 15- Allied arts 20,000.00$ 20,000.00$ Approved at Council 10/23 20,000.00$ 0 20,000.00$ 0 16-Visit WA Air Show -$ 50,000.00$ 30,000.00$ 30000 30,000.00$ 30000 As of 10/31/18 contract not signed with port per phone conversation. Council was very upset we did not consider the air show. Leonard explained the lack of contract and questions about the application. Apparently this is a packaged air show they are trying to attract and have Moses Lake as the home for this show. In reading the contract with the port (still not signed as of 11/20), there is large concern that some of our allocated dollars will go to profit or to the entity that is running the event. We would like to see our monies that are allocated go solely to the event by having the contract with the port amended to also include the City of Moses Lake or we pay our allocated amount directly to the port and then their contribution to the event can be increased. Based on the budget in the application, there was some question about whether the numbers were accurate. They show a profit of 147,500 with 60000 from both the port and the City, therefore we are wondering why there is a need for any allocation of fund. During our discussion we also reached out to Parks and Rec and there is a ball field tournament that same weekend. There may be a challenge in finding adequate hotel accommodations for both events. 17-Visit WA -$ 60,000.00$ -$ 0 -$ 0 At council, after presentation by the applicant, I still felt this proposal was lacking and not Moses Lake centered. With the City’s Marketing Manager position, this becomes a redundant request.Total Allocation Proposed 2018 358,000.00$ 356,000.00$ 388,000.00$ 393,000.00$ Annual Reciepts 350,000.00$ Ending 2017 Balance 227,886.00$ Debt Service 2018 (56,600.00)$ Reserve 2017 (30,000.00)$ Reserve 2018 (45,000.00)$ Reserve 2019 (52,500.00)$ Total amount to allocate for 2019 393,786.00$ Page 1 of 2 STAFF REPORT To: City Council From: John Williams, City Manager Date: November 20, 2018 Proceeding Type: Old Business Subject: Ordinance 2913, 2914, 2915 – Code Clean up Legislative History: • First Presentation: November 13,2018 • Second presentation: November 27, 2018 • Action: Motion Staff Report Summary Portions of the Code need to be cleaned up and or clarified in order for staff to enforce park hours, camping regulations and storage buildings. Background These changes are necessary for the remainder of the ordinance to be enforceable in light of the recent Boise decision. The modifications are similar to those the City of Vancouver enacted in 2015 based on the case law examples. Fiscal and Policy Implications None at this time. Most impacts will most likely be staff time. Options Option Results • Adopt modified ordinance Staff again enforce the camping and park hours restrictions. • Take no action. Staff no enforce the camping and park hours restrictions. Page 2 of 2 Staff Recommendation Staff recommends adoption of the modified regulations. Attachments A. Ordinance 2913, 2914, 2915 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Ord 2913, 2914, 2915 11/13/2018 ORDINANCE NO. 2913 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, REPEALING CHAPTER 9.18 OF THE MOSES LAKE MUNICIPAL CODE TITLED “PROHIBITION OF CAMPING” AND REPLACING IT WITH A NEW CHAPTER 9.18 TITLED “CAMPING” Recitals: 1. In 1987, the City adopted Ordinance No. 1286 which prohibits camping on any City-owned property or public right-of-way at all times; and 2. According to the 2018 Point In Time count of homeless people there were 58 unsheltered homeless individuals in the City; and 3. The City may regulate the use of its parks, rights-of-way and publicly owned property to provide for the health, safety and well being of the public; and 4. The City’s regulatory authority must be exercised in a manner that is consistent with the state and federal constitutions; and 5. The Ninth Circuit Court of Appeals and the United States Department of Justice are of the opinion that prohibiting camping in all public places at all times when there are insufficient shelter beds to house the homeless is unconstitutional; and 6. The City is in the process of assessing issues related to the housing of homeless in conjunction with other community partners; and 7. The City desires, as an interim measure, to amend the breadth and scope of the camping ordinance to allow camping on City-owned public property (not including City parks) during the hours of 10 p.m. to 6 a.m. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Repeal and Replacement. Moses Lake Municipal Code Chapter 9.18 titled “Prohibition of Camping” is hereby repealed in its entirety and is replaced with a new Chapter 9.18 titled “Camping” to provide as follows: Chapter 9.18 CAMPING Sections: 9.18.010 Findings. 9.18.020 Purpose. 9.18.030 Definitions. 9.18.040 Unlawful camping. 9.18.050 Unlawful storage of personal property in public places. 9.18.060 Penalty for violations. 9.18.070 Permit. 9.18.080 Public duty created. 9.18.010 Findings. People camping on public property and on public right of ways create a public health and safety hazard due to the lack of proper electrical and/or sanitary facilities for these people. People without proper sanitary facilities have openly urinated, defecated, and littered on public property on the public right of ways. Use of public property for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. 9.18.020 Purpose. It is the purpose of this ordinance to prevent harm to the health or safety of the public and to promote the public health, safety and general welfare by making public streets and other areas readily accessible to the public and to prevent use of public property for camping purposes or storage of personal property which interferes with the rights of others to use the areas for which they were intended. 9.18.030 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires: "Camp" or “camping” means to pitch, create, use, or occupy camp facilities and/or to use camp paraphernalia. "Camp facilities" include, but are not limited to, tents, huts, temporary shelters made of any material, or vehicles. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-city designated cooking facilities and similar equipment. “City” means the City of Moses Lake. "Park" means the same as defined in MLMC 12.36.020. Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. "Street" means any highway, lane, road, street, right of way, boulevard, alley, and every way or place in the City of Moses Lake that is publicly owned or maintained for public vehicular travel. “Vehicle” means the same as defined in RCW 46.04.670, which is hereby adopted as now enacted or hereafter amended. 9.18.040 Unlawful camping. A. During the hours of 6:00 a.m. to 10:00 p.m., it shall be unlawful for any person to camp, occupy camp facilities for purposes of habitation, or use camp paraphernalia in the following areas, except as otherwise provided by ordinance or as permitted pursuant to Section 9.18.070 of this ordinance: 1. any park; 2. any street; or 3. any publicly owned or maintained parking lot or other publicly owned or maintained area, improved or unimproved. B. During the hours of 6:00 a.m. to 10:00 p.m., it shall be unlawful for any person to occupy a vehicle for the purpose of camping while that vehicle is parked in the following areas, except as otherwise provided by ordinance or as permitted pursuant to Section 9.18.070 of this ordinance: 1. any park; 2. any street; or 3. any publicly owned or maintained parking lot or other publicly owned or maintained area, improved or unimproved. 9.18.050 Unlawful storage of personal property in public places. During the hours of 6:00 a.m. to 10:00 p.m., it shall be unlawful for any person to store personal property, including camp facilities (other than vehicles) and camp paraphernalia, in the following areas, except as otherwise provided by ordinance or as permitted pursuant to Section 9.18.070 of this ordinance: 1. any park; 2. any street; or 3. any publicly owned or maintained parking lot or publicly owned or maintained area, improved or unimproved. 9.18.060 Penalty for violations. Any person violating any of the provisions of this chapter shall be deemed to have committed a civil infraction and shall be subject to the following penalties as set forth in MLMC Chapter 1.08: First violation within a twelve month period C-21 penalty Second and subsequent violation within a twelve month period C-18 penalty Each and every day, or portion thereof, that the violation continues shall constitute a separate violation. 9.18.070 Permit. A. The City Manager, or his/her designee, is authorized to permit persons to camp, occupy camp facilities, use camp paraphernalia, or store personal property in parks, streets, or any publicly owned parking lot or publicly owned area, improved or unimproved, in the city of Moses Lake. B. Upon receipt of an application for any permit under this chapter, the City Manager, or his/her designee, shall send a copy of the application to the city departments of police, parks, public works, community development, and fire. Each of these departments shall inspect the application and each such department shall report to the City Manager, or his/her designee, within ten working days after the filing of the application. Such reports shall mention any problems which the proposed activity is expected to pose for the public. It shall make any necessary recommendations for protecting the public peace, health, safety, life, property, and welfare in the event a permit is, or was, issued. C. The City Manager, or his/her designee, is authorized to promulgate other rules and regulations regarding the implementation and enforcement of this ordinance. D. The City Manager, or his/her designee, may approve a permit as provided under this section when, from a consideration of the application, reports from other city departments, and from such other information as may otherwise be obtained, he or she finds that: 1. Adequate sanitary facilities are provided and accessible at or near the proposed camp site; 2. Adequate trash receptacles and trash collection are provided; and 3. The camping activity will not unreasonably disturb or interfere with the safety, peace, comfort and repose of private property owners. E. No permit shall be issued for a period of time in excess of fourteen (14) calendar days in any one calendar year. F. The City Manager, or his/her designee, is authorized to revoke a permit that has been issued if he or she finds lack of compliance with any requirement of subsection D, above, or of any rule or regulation promulgated under subsection C, above, or of any ordinance or statute. G. Any person who is denied a permit, or had his/her permit revoked, may appeal the denial/revocation to a hearings examiner appointed by the City Manager, or his/her designee. Notice of appeal must be in writing, and filed with the City Clerk within seven (7) working days from the date of the denial. 9.18.080 Public duty created. A. It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons or individual who will or should be especially protected or benefited by the terms of this ordinance. B. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this ordinance by its officers, employees or agents. Section 2. Effective date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on November 27, 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: December 3, 2018 Date Effective: December 8, 2018 ORDINANCE NO. 2914 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, AMENDING SECTION 12.36.030 TITLED “HOURS OF OPERATION” AND SECTION 12.36.040 TITLED “PROHIBITED ACTS” OF CHAPTER 12.36 “PARK RULES AND REGULATIONS” OF THE MOSES LAKE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Amendment. Moses Lake Municipal Code Section 12.36.030 titled “Hours of Operation” and Section 12.36.040 titled “Prohibited Acts”, of Chapter 12.36 “Park Rules and Regulations”, are each amended to provide as follows: 12.36.030 Hours of operation: Parks shall be open to the public from 6:00 a.m. to 10:00 p.m. Between the hours of 10:00pm and 6:00am the parks shall be closed to the public unless persons are actively engaged in activity within a special-use area as described in section 12.36.060. No activities will be allowed during closed park hours that disturb the peace of the public or for any of the prohibited acts listed below. Activities on park property or in park facilities that exceed normal hours of operation or deviate from the park rules may be authorized in association with a facilities use agreement or park use permit authorized by the city council. Any person entering or remaining in a park when it is closed is subject to arrest and prosecution for criminal trespass. Park closure hours shall be indicated by appropriate signage. 12.36.040 Prohibited acts: A. All activities that constitute civil or criminal violations under state, local or federal statutes shall be prohibited on park property or in park facilities. B. It is unlawful for any person to do or permit any of the following acts within any city park: 1. Scatter, leave, throw, break or strew any litter, bottles, glass, paper, debris, garbage, refuse, or advertising matter in any park except in designated receptacles; provided, however, that it is further unlawful to deposit in such designated litter receptacles or elsewhere within a park any refuse, litter or other trash collected at the home, business or other dwelling of any person and intentionally brought to the park solely for the purpose of disposing of such refuse, litter or trash. 2. Damage, deface, mar, or destroy any park equipment or facility. 3. Cut, damage or destroy any park trees, shrubs, landscaping or plants, including grass. 4. Consume any beer, wine or intoxicating liquor in any park, or have possession of any container of beer, wine or intoxicating liquor in any park; provided, however, that consumption of alcoholic beverages in city parks is permitted if consumption is within a designated area in conjunction with a special event as authorized by the Parks Department. 5. Drive or park any vehicle or motorized bike, scooter, motorcycle, or ATV/UTV (as defined in MLMC Chapter 10.18), on the grass in any park or any other place not specifically designated for vehicular traffic, or operate a vehicle, motorized bike, scooter, motorcycle or ATV/UTV negligently within any park or park facility, unless expressly authorized by a permit issued by the City. This provision does not apply to authorized personnel of the City. 6. Disturb or molest the peace of others using the park and park facilities. 7. Solicit, promote or engage in any private commercial enterprise without prior approval of the city council. 8. Start or maintain a fire except in permanent park facilities provided for that purpose or in a barbeque, hibachi or other freestanding apparatus commonly used for outdoor food preparation purposes in an approved portion of the park. 9. Camp in any portion of any park unless specifically allowed by the City Manager pursuant to section 12.36.060 or by city council action for special events. Camping is prohibited pursuant to MLMC Chapter 9.18. “Camp” shall mean the same as defined by MLMC Chapter 9.18. 10. Bring, ride, leave, turn loose, or allow any animal to be within a park or park facility. Provided, however, that this prohibition shall not apply to a service animal which is defined as any animal which is trained or is being trained to aid a person who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is properly trained to provide the required service, nor shall this prohibition apply to dogs properly restrained by a leash. 11. Erect, put or place any sign or advertisement in a park or park facility, or engage in any commercial activity except as authorized by the City Council or City Manager pursuant to section 12.36.065. 12. Engage or participate in any disorderly, lewd, obscene, drunken, or indecent conduct within any park or park facility. 13. Use or engage in any of the following activities: archery, discus, javelin, shot, golf, or aircraft, rockets, missile powered devices, or firearms. The City Manager may allow those activities in special-use areas as provided in section 12.36.065 of this chapter. 14. Possess any glass containers within a city park. 15. Use abusive, threatening, profane or obscene language. 16. Engage in or encourage a fight or brawl. 17. Yell, shout, hoot, whistle, or sing so as to unreasonably disturb or interfere with the peace, comfort, repose, health or safety of park users or nearby residents. 18. Meet or gather in large groups or assemblies without first making reservations and obtaining a written permit from the Parks Dept. A large group or assembly is that which would occupy one-tenth or more of the user capacity of the park. 19. No person shall enter or remain in any park at any time during which there Is in effect a notice of exclusion issued under section 12.36.080 excluding That person from that park. 20. Tobacco use, including smoking, e-cigarettes and vaping devices is prohibited pursuant to MLMC Chapter 8.56. 21. Discharge or sell any fireworks; fireworks are prohibited pursuant to MLMC Chapter 8.04. 22. Install, erect or otherwise construct displays, exhibitions or expositions on park property. Section 2. Effective date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on November 27, 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: December 3, 2018 Date Effective: December 8, 2018 ORDINANCE NO. 2915 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE SUBSECTION 18.48.030 TITLED “PROHIBITED USES” (FOR P, PUBLIC ZONE) THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Subsection 18.48.030 of the MLMC titled “Prohibited Uses” is amended as follows: The following are prohibited in a P Zone: A. Any private use B. Public nuisances C. Locating containers formerly used for transporting sea-going cargo, railroad cars and cabooses, semi-trailers when intended to be used as storage facilities, or any other unit which slides off a chassis or frame. Section 2. Effective date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on November 27, 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: December 3, 2018 Date Effective: December 8, 2018 Page 1 of 2 STAFF REPORT To: John Williams, City Manager From: Cindy Jensen, Finance Director Date: November 27, 2018 Proceeding Type: New Business Subject: 2018 Budget Appropriation Legislative History: • First Presentation: November 27, 2018 • Second Presentation: December 11, 2018 • Requested Action: 1st Presentation Staff Report Summary During development of the 2019 preliminary budget, which requires analysis of 2018 budget trends and estimates, we noted several instances where additional appropriation is warranted so funds remain within budget at the end of 2018. 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 2018 budget for 9 funds resulting in citywide total expenditures of $1,455,300 and adds $1,032,750 to estimated revenue, resulting in a net use of fund balance of $422,550 in 6 separate funds (three funds have equal expenditures and revenues). Background RCW 35.33.091 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. Examples include the lighting and scoreboard improvements at Larson, Kvamme, and Lauzier fields; mid-year rate adjustment for the Solid Waste utility, and increased recycling costs; and grants or other revenue received. Other appropriations are needed to address true unforeseen items, such as employee cashout of leave accruals upon separation from the City, and risk management deductible estimates exceeding original estimates. Note: WCIA switched its computer systems, and we weren’t billed Page 2 of 2 for the 2nd quarter activity until recently—that billing brought us to the 2018 estimate so it is prudent to add a contingency for the rest of the year. One of the appropriations for Fleet Management fund is to authorize the purchase of vehicles for Community Development which is being funded by position vacancies. There is enough budget in the Community Development department in General Fund, but Fleet Management has to purchase all vehicles, so its budget would be short when this transaction occurs. In researching the Police vehicle purchase included in the 2019 budget, circumstances warranted buying current year model vehicles. This purchase will be made using Fleet Management fund balance, and will be reimbursed by Police in the 2019 transfer. The spreadsheet attached to the appropriation ordinance details all of the changes. 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 the Ordinance as presented 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 2018 expenditures may exceed budget authority, potentially causing an audit compliance issue. Staff Recommendation Staff recommends City Council review the Ordinance at the November 27, 2018 meeting. Attachments A. Ordinance and Schedule A Legal Review N-A ORDINANCE NO. AN ORDINANCE AMENDING THE 2018 BUDGET FOR THE CITY OF MOSES LAKE; AND MAKING APPROPRIATIONS FROM UNAPPROPRIATED FUND BALANCES WITHIN VARIOUS FUNDS FOR EXPENDITURE DURING 2018 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 2018 in various amounts and for the purposes mentioned in the attached Schedule; and Whereas, at the time of the adoption of the 2018 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 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF MOSES LAKE: Section 1. Appropriations are hereby made, for expenditure during 2018, 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 immediately 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. PASSED BY THE CITY COUNCIL, and signed and approved this 11th day of December, 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 Norman Aye Nay Abstain Absent Date Published: Date Effective: Account #Account Name Amount Description GENERAL FUND Legislative 000-001-51160-000-0411-0000-00 Professional Services 4,300$ Council Retreat-Mission & Vision Executive 000-002-51310-000-0141-0000-00 Employee Benefit-Vacation 4,000 Employee Separation Cashout 000-002-51310-000-0145-0000-00 Employee Benefit-Sick Leave 4,200 Employee Separation Cashout 8,200 Parks and Recreation 000-020-57110-000-0411-0000-00 Professional Services 27,000 ActiveNet Registration Processing Fee 000-020-57110-000-0417-0000-00 Bank Charges 22,500 ActiveNet Credit Card Processing Fee 49,500 Police 000-030-52121-000-0131-0000-00 Investigation Overtime 30,000 Reimbursable Overtime 000-030-52122-000-0131-0000-00 Patrol Overtime 60,000 Reimbursable Overtime 000-030-52122-000-0131-0000-00 Patrol Retirement Contribution 12,000 LEOFF Contributions for Overtime 000-030-52122-000-0495-0000-00 Registration & Membership 16,000 Police Academy Registration Sub-total Police 118,000 Fire 000-040-52220-000-0493-0000-00 Reimbursable Labor 100,000 Net due to Ambulance Fund per time sheets Total General Fund 280,000 Revenue 000-006-31311-000-1000-0000-00 Sales & Use Tax 200,000 Sales Tax Growth 000-020-34730-000-1101-0000-00 Surf N Slide Activity Fees 20,000 Increased activity 000-030-34210-000-1075-0000-00 Labor Reimbursement 60,000 Increased activity-Police Fund Revenue Total 280,000 Net Use of Fund Balance - TOURISM ACTIVITIES 102-102-59700-078-0099-0958-42 Transfer to 314-Parks Capital 250,000$ Transfer to Complete Parks Projects Revenue 102-000-31331-000-1000-0000-00 Hotel/Motel Tax 110,000 Growth in revenue stream Net Use of Fund Balance 140,000 GRANTS & DONATIONS 103-103-59421-079-0641-3050-72 Police Equipment 10,000 Avatar Tactical Robot Service Agreement 103-103-59421-085-0642-3077-30 Police Equipment 14,500 Purchase Simulated Impaired Driving Experience 103-103-57530-075-0312-2827-24 Museum Operating Supplies 7,000 Exhibit/Opening Supplies 103-103-57530-075-0355-2827-24 Museum Minor Equipment 7,000 Display Mannequins 103-103-57530-075-0411-2827-24 Museum Professional Services 7,800 Museum presenters; Assessment Program Fund Total 46,300 Revenue 103-000-36930-000-1824-0000-00 Confiscated/Forfeit Property 24,500 Police share 103-000-36779-000-1012-0000-00 Museum Membership 10,000 Increased activity Fund Revenue Total 34,500 Net Use of Fund Balance 11,800 City of Moses Lake 2018 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: Account #Account Name Amount Description City of Moses Lake 2018 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: PARKS & RECREATION CAPITAL 314-314-59476-000-0631-0000-00 Non-Blding Capital Improve.380,000$ Larson, Kvamme, Lauzier improvements Revenue 314-000-39700-000-1913-0000-00 Transfer from 102 Tourism 250,000 City's LTAC Contribution to complete Projects 314-000-36776-085-1011-3946-56 Donation 20,000 Kvamme Soccer Field Improvements 314-000-36776-085-1012-2603-56 Donation 110,000 Lauzier Field Improvements Total Parks Cap. Revenue 380,000 Net Use of Fund Balance - SOLID WASTE (Sanitation) 490-490-53770-000-0411-0000-00 Professional Services 70,000 Recycling Cost 490-490-53770-000-0497-0000-00 Hauler Contract 40,000 Industrial Usage higher than budgeted 110,000 Revenue 490-000-34370-000-1190-0000-00 Solid Waste Fees 110,000 Rate increases/Industrial Usage Net Use of Fund Balance - AIRPORT 495-495-59446-000-0639-4974-00 Capital Improvements 46,000 Airport Paving Project 495-495-54680-000-0492-0000-00 Miscellaneous 4,000 Upsize Water Meter from 3/4 inch to 1 1/2 inch 50,000 Revenue 495-000-33397-000-1000-0000-00 FEMA Reimbursement 40,250 Paving Project Net Use of Fund Balance 9,750 SELF-INSURANCE (Risk Management) 503-503-51868-000-0499-0000-00 Payments to Claimants 30,000 Required Deductibles CENTRAL SERVICES (IT) 517-517-51888-000-0354-0000-00 Computer Software 45,000 Laserfiche Records Management Software Revenue 517-000-33600-000-1000-0000-00 State Archivist Grant 30,000 Records Management Grant Net Use of Fund Balance 15,000 FLEET MANAGEMENT (Equipment Rental) 519-519-59448-000-0641-0000-00 Machinery and Equipment 48,000 Comm. Dev. Replacement Vehicles 519-519-59448-000-0641-0000-00 Machinery and Equipment 216,000 2019 Police Vehicles (pre-buy for availability) 264,000 Revenue 519-000-34870-000-1904-0000-00 Contribution-004 Com Dev 48,000 Trsfer from General Fund (Com Dev savings) Net Use of Fund Balance 216,000 Police transfer will happen in 2019 Citywide Total Expenditures 1,455,300$ Revenues 1,032,750 Net 422,550$ Page 1 of 2 STAFF REPORT To: John Williams, City Manager From: Debbie Burke, City Clerk Date: November 19, 2018 Proceeding Type: Consent Agenda Subject: 2019 Legislative Calendar Legislative History: • First Presentation: November 27, 2018 • Second Presentation: • Requested Action: Motion Staff Report Summary MLMC 2.08.010 states the City Council will meet at 7:00 p.m. on the 2nd and 4th Tuesdays of each month. In 2019, the 2nd Tuesday falls on Christmas Eve. Staff recommends this meeting be cancelled and a Special Meeting be held Thursday, December 19th at 5:30 p.m. for a short meeting to mainly pay bills. Background The 4th Tuesday meeting in December for 2018 was cancelled and a Special Meeting scheduled for Thursday, December 20th by Council during the Administrative Report on November 14, 2017. Fiscal and Policy Implications N-A Page 2 of 2 Options Option Results • Move to adopt the 2019 Legislative Calendar as presented Staff will post cancellation of 2nd meeting in December and post a Special Meeting for the Thursday prior • Modify the 2019 Legislative Calendar Provide staff with specific changes • Take no action The 2nd meeting in December will remain scheduled as per the Municipal Code Staff Recommendation Staff recommends City Council approve the 2019 Legislative Calendar as presented. Attachments A. Proposed Legislative Calendar for 2019 Legal Review N-A January S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 April S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 February S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 May S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 November S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 March S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 September S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 December S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Holidays Observed City Offices Closed January Tue, 1st - New Year’s Day February Mon, 18th - Presidents' Day May Mon, 27th - Memorial Day July Thu, 4th - Independence Day September Mon, 2nd - Labor Day November Mon, 11th - Veterans Day Th-Fr, 28th and 29th – Thanksgiving Day December Wed, 25th - Christmas Day Meetings Key City Council Planning Commission Park & Recreation Board Municipal Airport Board LTAC, LEOFF, Civil Service, and Firemen’s Pension Board meet as needed. 2019 Updated November 6, 2018