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2017 01 10HOSES L"l<.E Moses Lake City Council Todd Voth, Mayor I Karen Liebrecht, Deputy Mayor I Bill Ecret, Council Member I Ryann Leonard, Council Member I David Curnel, Council Member I Don Myer, Council Member I Mike Norman, Council Member January 10, 2017 City Council Meeting Agenda Call to Order -7:00 pm Roll Call Pledge of Allegiance Summary Reports: Mayor's report • Proclamation -Moses Lake School Choice Week • Grant County Mosquito Control District #1 Board of Trustees -Appointment Request • Grant Transit Authority Board of Directors -Appointment Request • Planning Commission Requ est for Appointment -Davis 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 Executive Secretary. There is a (5) minute time limit per speaker. Consent Agenda 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 Councilmember 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. Approval of Minutes -December 27, 2016 b. Approval Bills and Checks Issued c. Wheeler Corridor Business Park Major Plat -Findings of Fact d. Resolution -Abandon Easements -Parkview PUD Major Plat e. Ordinance -Amend MLMC 19.55 Comp Plan & Development Regulation Amendments January 10, 2017, City Council Meeting -Page 2 Old Business #2 Ordinance -Amend MLMC Chapter 17.06 Definitions Motion Presented by Gil Alvarado, Community Dev Dir I Deputy City Manager Summary: Council to review and consider adopting the ordinance as presented #3 Cost of Service Contract -FCS Group Motion Presented by Gil Alvarado, Community Dev Dir I Deputy City Manager Summary: Council to review and authorize the City Manager to execute the agreement New Business #4 Ordinance -Delete MLMC Chapter 2.46 Tourism Commission Presented by Gil Alvarado, Community Dev Dir I Deputy City Manager Summary: Council to review and consider accepting recommendations as presented #5 Ordinance -Amend MLMC Chapter 1.20 Civil Code Enforcement Presented by Gil Alvarado, Community Dev Dir I Deputy City Manager Summary: Council to review and consider accepting recommendations as presented Administrative Report • Municipal Services Agreement -Colville Fuels, LLC Council Communications and Reports Executive Session Adjournment PROCLAMATION Moses Lake School Choice Week January 22 -28, 2017 WHEREAS all children in Moses Lake should have access to the highest-quality education possible; and WHEREAS Moses Lake recognizes the important role that an effective education plays in preparing all students in Moses Lake to be successful adults; and WHEREAS quality education is critically important to the economic vitality of Moses Lake; and WHEREAS is home to a variety of high quality public and nonpublic schools from which parents can choose for their children, in addition to families who educate their children in the home; and WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community; and WHEREAS Moses Lake has many high-quality teaching professionals in all types of school settings who are committed to educating our children; and WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators, schools and organizations to raise awareness of the need for effective educational options; NOW, THEREFORE, I, Todd Voth do hereby recognize January 22-28, 2017 as Moses Lake School Choice Week, and I call this observance to the attention of all of our citizens. SIGNED AND SEALED this 1011 day of January, 2017 Todd Voth, Mayor City of Moses Lake, Washington C:CllJNT'-r' MOSOLJITO C:ONTROL December 16, 2016 Moses Lake City Council 401 S. Balsam St. Moses Lake, WA 98837 Dear Moses Lake City Council, This letter is to request Chris Blessing be re-appointed to the Grant County Mosquito Control District # 1 Board of Trustees for another two year term. According to my records his current term expires January 22, 2017. Chris has been an excellent addition to our current board and has asked to remain on the Board of Trustees for the District. Thank you for your time and consideration on this matter. Sincerely, Ann Belchik-Moser District Manager P.O. Box 5090 • Moses Lake, WA 98837 • 509-765-7731 • www.gcmcdl.org Cj fva4vt <fian-S'it AUTHORITY www. gta-ri de. com December 30, 2016 City of Moses Lake Attn: Mayor of City of Moses Lake 321 S. Balsam Moses Lake, WA 98837 Subject: Grant Transit Authority Board of Directors Dear Mayor: Grant Transit Authority respectfully requests the name of the council member who will be serving on the Executive Board of Directors for the year 2017. If Councilman Myers will continue to serve on the GTA Board, please indicate this in writing for my files. Grant Transit Authority Executive Meetings are held on the third Thursday of every month at the Grant Transit Authority Administrative Office at 8392 Westover Blvd NE, Moses Lake, WA 98837 at 6:30 pm. Grant Transit Authority Board Members are eligible for compensation at the rate of $90.00 per meeting attended, plus mileage. I look forward to your written response, I can be reached Monday -Friday in the Administrative Office at 765-0898, my fax number is 398-9510. Sincerely, 3:uY~Jl\althruuL-- Saira Martinez Administrative Assistant/SNAP Coordinator/Clerk of the Board TRANSIT It's What Moves Us 8392 Westover Blvd NE, Moses Lake, WA 98837 I (800) 406-9177 or (509) 765-0898 I Fax: (509) 398-3510 CITY OF MOSES LAKE January 10, 2017 TO: Council Members FROM: Mayor Todd Voth RE : Appointment to the Planning Commission I have received an application requesting an appointment to the Planning Commission from Mr. Roderick Davis. I have decided to appoint Mr. Roderick Davis to a 6 year term on the Planning Commission. Confirmation of the appointment by the City Council is necessary pursuant to MLMC 2.48.010. I am asking the City Council to confirm the appointment of Mr. Roderick Davis to the Planning Commission. TV:sg cc: City Manager City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3750 ·Finance 764-3717 . Fire 765-2204 Municipal Services 764-3 783 ·Municipal Court 764-3701 . Parks & Recreation 764-3805 ·Police 764-3887 . Fax 764-3 739 401 S Balsam St. ·P.O. Drawer 15 79 . Moses Lake, WA 9883 7-0244 . www.cityofml.com MOSES LAKE CITY COUNCIL December 27, 2016 The regular meeting of the Moses Lake City Council was called to order at 7 p. m. by Mayor Voth in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington. Executive Secretary Sophia Guerrero called the roll. The following were: Present: Absent: Mayor Todd Voth, Deputy Mayor Karen Liebrecht, and Council members Don Myers, Ryann Leonard, Bill Ecret, and Mike Norman Council member David Curnel Action Taken: Council member Norman moved to excuse Council member Curnel from the meeting, seconded by Council member Leonard, and passed unanimously. PLEDGE OF ALLEGIANCE: Joe Utter, iFiber, led the Council in the pledge of allegiance. MAYOR'S REPORTS LODGING TAX ADVISORY COMMITTEE Mayor Voth requested Council confirmation of the appointment of Council member Ecret as the Chairman of the Lodging Tax Advisory Committee. Action Taken: Council member Liebrecht moved to confirm the appointment, seconded by Council member Norman, and passed unanimously. PLANNING COMMISSION Mayor Voth requested Council confirmation of the re-appointment of David Eck to the Planning Commission. Action Taken: Council member Leonard moved to confirm the appointment, seconded by Council member Liebrecht, and passed unanimously. Mayor Voth requested Council confirmation of the appointment of Jason Avila to the Planning Commission seat vacated by Vicki Heimark. Action Taken: Council member Norman moved to confirm the appointment, seconded by Council member Leonard, and passed with Council member Liebrecht opposed. LEOFF DISABILITY BOARD Mayor Voth requested Council confirmation of the re-appointment of Council member Curnel to the LEO FF 1 Disability Board. Action Taken: Council member Ecret moved to confirm the re-appointment, seconded by Council member Leonard, and passed unanimously. ADDITIONAL BUSINESS -None CITY MANAGER'S REPORTS FINANCE DEPARTMENT W. Robert Taylor, Finance Director, introduced Lisa Skeesick, Senior Accounting Clerk -Payroll. MUNICIPAL SERVICES CITY COUNCIL MINUTES: 2 December 27, 2016 John Williams, City Manager, presented a plaque to Gary Harer, Municipal Services Director, for his 31 years of service to the community and the citizens of Moses Lake. CITIZEN'S COMMUNICATIONS -None CONSENT AGENDA Minutes: The minutes of the December 13 meeting were presented for approval. Approval of Claims. Prepaid Claims, Checks, and Payroll: Vouchers audited and certified by the Finance Director as required by RCW 42 .24.080, and those expense reimbursement claims, certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council for approval and is retained for public inspection at the Civic Center. As of December 27, 2016 the Council does approve for payment claims in the amount of $1,405,501 .04; prepaid claims in the amounts of $108,226.03 and $136,690.15; claim checks in the amount of $1,439, 138.92; and payroll in the amount of $405,509.40. Ordinance -Amend 2.30 -Emergency Medical and Ambulance Service: An ordinance was presented which removes the fees and references them to the approved fee schedule. Ordinance -Amend 3.58 -Water Connection Fees: An ordinance was presented which removes the fees and references them to the approved fee schedule. Ordinance -Amend 3.62 -Utility system Development Charges: An ordinance was presented which removes the fees and references them to the approved fee schedule. Ordinance -Amend 5.04 -Licensing Regulations: An ordinance was presented which removes the fees and references them to the approved fee schedule. Ordinance -Amend 5.06 -Licensing Regulations -Temporarv Locations: An ordinance was presented which removes the fees and references them to the approved fee schedule. Ordinance -Amend 5.07 -Mobile and Street Food Vendors: An ordinance was presented which removes the fees and references them to the approved fee schedule. Ordinance -Amend 5. 16 -Circuses and Carnivals: An ordinance was presented which removes the fees and references them to the approved fee schedule. Ordinance -Amend 5.22 -Pawnbrokers and Secondhand Dealers: An ordinance was presented which removes the fees and references them to the approved fee schedule. Ordinance -Amend 5.36 -Solicitors: An ordinance was presented which removes the fees and references them to the approved fee schedule. Ordinance -Amend 5.40 -Taxicabs: An ordinance was presented which removes the fees and references them to the approved fee schedule. Ordinance -Amend 5.50 -Telecommunications Use Fees: An ordinance was presented which removes the fees and references them to the approved fee schedule. Ordinance -Amend 13. 12 -Water, Sewer, and Stormwater Rates: An ordinance was presented which removes the fees and references them to the approved fee schedule. Ordinance -Amend 16.40 -Fire Department Permit Fees: An ordinance was presented which removes the fees and references them to the approved fee schedule. Resolution -Development Review and Permit Fees: A resolution was presented which sets the development review and perm it fees and rescinds Resolution No. 3165. Action Taken: Council member Leonard moved that inter-fund loan resolutions be removed from the Consent Agenda and discussed with the budget omnibus ordinance, seconded by Council member Norman, and CITY COUNCIL MINUTES: 3 December 27, 2016 passed unanimously. Action Taken: Council member Norman moved that the Consent Agenda be approved, seconded by Council member Ecret, and passed unanimously. PUBLIC HEARING -None OLD BUSINESS ORDINANCE -TRANSPORTATION BENEFIT DISTRICT An ordinance was presented which establishes a Transportation Benefit District Board and Boundary. The ordinance establishing a Transportation Benefit District, specifying the boundaries for the Transportation Benefit District, specifying the maintenance and preservation of existing transportation improvements was read by title only. John Will iams, City Manager, explained that the passage of the ordinance will establish the Council as the Board for the Transportation Benefit District and set the City's limits as the boundary of the District. Action Taken: Council member Norman moved that the ordinance be adopted, seconded by Council member Liebrecht, and passed with Council member Myers opposed. COMPREHENSIVE PLAN An ordinance was presented which adopts the 2016 Comprehensive Plan amendments. The ordinance adopting the 2016 Comprehensive Plan amendments was read by title only. Gilbert Alvarado, Community Development Director/Deputy City Manager, mentioned that the proposed changes to the Comprehensive Plan include minor updates to the Transportation Element, updates to the Utilities Element and a re-designation of 7 acres from Low Density Residential to High Density Residential located at 123 Ninth Avenue, The Greens Planned Unit Residential Development. The re-designation request was included in the ordinance because the Council did not given direction to staff to either include or exclude the request from the 2016 proposed amendments. Council member Norman declared a conflict of interest and exited the room. Action Taken: Council member Liebrecht moved that item 3 under Section 2, the re-designation of 7 acres of property from Low Density to High Density Residential, be removed and the ordinance be adopted, seconded by Council member Leonard, and passed with Mr. Myers opposed. NEW BUSINESS ORDINANCE -AMEND 2016 BUDGET An ordinance was presented which amends the 2016 budget. The ordinance amending the 2016 budget for the City of Moses Lake, Washington was read by title only. John Williams, City Manager, stated that the purpose of the ordinance is to cover unanticipated expenditures, costs of formerly approved expenditures, and requirements from state agencies affecting policy and expenditures. W. Robert Taylor, Finance Director, explained the need for the inter-fund loans from the Sanitation Fund to the Water/Sewer Fund and the Ambulance Fund . Action Taken: Council member Leonard moved that the inter-fund loan resolutions be removed from the table, seconded by Council member Norman, and passed unanimously. CITY COUNCIL MINUTES: 4 December 27, 2016 The resolution authorizing an inter-fund loan to the Sanitation Fund 490 from the Water/Sewer Fund 41 O was read by title only. The resolution authorizing an inter-fund loan to the Ambulance Fund 498 from the Water/Sewer Fund 410 was read by title only. Action Taken: Council member Leonard moved thatthe resolutions be adopted, seconded by Council member Liebrecht, and passed unanimously. Action Taken: Council member Norman moved that the budget amending ordinance be adopted, seconded by Council member Ecret, and passed unanimously. ORDINANCE -AMEND 17.06 -DEFINITIONS An ordinance was presented which changes the definiqon of a major subdivision by eliminating the 4 acre limit for a major plat. Gilbert Alvarado, Community Development Director/Deputy City Manager, explained that the amendment is the result of the removal of acreage limits for a major subdivision. RESOLUTION -DECLARE PROPERTY SURPLUS A resolution was presented which declares the school zone flashing beacons as surplus and authorizing their sale to the Moses Lake School District 161 . The resolution declaring City owned property as surplus and authorizing its sale to the Moses Lake School District 161 was read by title only. Gary Harer, Municipal Services Director, explained that the City currently owns and operates the flashing beacons for the school zones. It has been agreed between the City and the School District that the District should own and operate the beacons since the District decides the timing of the beacons. There was some discussion by the Council. Action Taken: Council member Ecret moved that the resolution be adopted, seconded by Council member Leonard, and passed unanimously. LODGING TAX ADVISORY COMMITTEE -2017 FUNDING REQUESTS The Moses Lake Lodging Tax Advisory Committee considered the funding requests for 2017 and recommended that the following requests be approved: 1. Columba Basin Allied Arts -$10,000 2. Moses Lake Chamber of Commerce -Lake of Lights Festival (fireworks) -$30,000 3. Moses Lake Chamber of Commerce -Visitor Information Center Operation -$40,000 4. Moses Lake Chamber of Commerce -Advertising Campaign -$60,000 5. City of Moses Lake -Larson Playfield Lighting ·Project -$250,000 Gilbert Alvarado, Community Development Director/Deputy City Manager, explained that the funds can only be used for projects directly related to tourism. He mentioned that the Committee also recommended an additional $40,000 be given to the Chamber of Commerce for the advertising campaign. He explained how the funding allocations are made and that documentation is required to show that the projects actually bring in additional tourism funds. There was considerable discussion by the Council. Action Taken: Council member Ecret moved that the recommendations from the Lodging Tax Advisory Committee be accepted, seconded by Council member Norman and passed unanimously. ADMINISTRATIVE REPORTS CITY COUNCIL MINUTES: 5 December 27, 2016 PARKS AND RECREATION Lori Moholt-Phillips, Recreation Superintendent, stated that Steve Czimbal has donated funds for a bench in McCosh park in memory of his wife. She mentioned that the Czimbals have been volunteers at the museum since 2012. COMMUNITY DEVELOPMENT Gilbert Alvarado, Community Development Director/Deputy City Manager, explained how the permit fees are assessed and that there are proposed changes in the abatement process for code enforcement. COUNCIL COMMUNICATIONS AND REPORTS EXECUTIVE SESSION -None ADJOURNMENT: The regular meeting was adjourned at 8:20 p.m. ATTEST Todd Voth, Mayor W. Robert Taylor, Finance Director DATE 1/05/17 PAGE 1 TIME 14: 37: 38 XAPPRVD C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E E T I N G 0 F 01/10/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 2M COMPANY INC 00004450 0000079424 19.50 MISC SUPPLIES ====================== TOTAL: 19.50 ACE HARDWARE 00006538 0000079729 444.73 MISC SUPPLIES ====================== TOTAL: 444.73 CASCADE ANALYTICAL INC 00005014 0000079558 838.42 SAMPLE TESTING 0000079558 3,992.13 SAMPLE TESTING ====================== TOTAL: 4,830.55 CINTAS CORPORATION LOC 607 00000271 0000079317 22 .93 SHOP TOWELS/UNIFORMS 0000079317 22.92 SHOP TOWELS/UNIFORMS 0000079317 342.60 SHOP TOWELS/UNIFORMS ====================== TOTAL: 388.45 COLUMBIA FORD 00007929 0000078790 33,748 .8 0 2017 FORD POLICE SUV ====================== TOTAL: 33,748.80 CSWW, INC dba NO 40 OUTFITTERS 00001701 0000079730 288.68 MISC SUPPLIES 0000079584 81. 87 MISC SUPPLIES 0000079584 4.29 MISC SUPPLIES 0000079584 11.86 MISC SUPPLIES 0000079584 47.47 MISC SUPPLIES 0000079584 183.31 MISC SUPPLIES 0000079584 27.95 MISC SUPPLIES ===================~== TOTAL: 645.43 DATABAR 00007974 0000079712 489.20 MAIL UTILITY BILLS 0000079712 489 .20 MAIL UTILITY BILLS 0000079712 489.20 MAIL UTILITY BILLS DATE 1/05/17 TIME 14:37:38 NAME OF VENDOR Department C I T Y 0 F M 0 S E S TABULATION OF CLAIMS COUNCIL MEETING L A K E T 0 B E A P P R 0 V E D 0 F 01/10/2017 Expenditure Account PAGE 2 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= LAKE AUTO PARTS 00001102 PITNEY BOWES GLOBAL FIN SERV 00001508 PRO FORCE LAW ENFORCEMENT 00004260 RATHBONE SALES INC 00005021 STAPLES CREDIT PLAN 00007570 UNITED PARCEL SERVICE 00005456 0000079712 0000079712 489.20 489.22 ====================== TOTAL: 2,446.02 0000079546 478.44 ====================== TOTAL: 478.44 0000079711 1,480.18 ====================== TOTAL: 1,480.18 0000079368 -124.92 TOTAL: -124.92 0000079513 162.08 ====================== TOTAL: 0000079720 0000079720 0000079720 162 .08 61. 78 40.08 514.60 ====================== TOTAL: 616.46 0000079724 100.00 ====================== TOTAL: 100.00 ============================= REPORT TOTAL: 45,235.72 MAIL UTILITY BILLS MAIL UTILITY BILLS MISC SUPPLIES LEASE PYMT/POSTAGE MACHINE MISC SUPPLIES SURGE PROTECTORS, TONER SURGE PROTECTORS, TONER SURGE PROTECTORS, TONER SERVICE CHARGES DATE THU, JAN 5, 2017, 2:37 PM TOTALS PAGE TIME 14: 3 7: 39 XAPPRVD C I T Y 0 F M 0 S E S L A K E TABULATION OF CLAIMS TO BE APPROVED C 0 UN C I L MEET ING 0 F 01/10/2017 TOTALS BY FUND FUND NO FUND NAME 000 116 410 490 493 498 517 519 GENERAL FUND STREET WATER/SEWER SANITATION STORM WATER AMBULANCE FUND CENTRAL SERVICES EQUIPMENT RENTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW TOTAL VEND NO . P. 0. NO. AMT LISTED CORRECTED AMT CORRECT AMOUNT TO BE PAID AMOUNT 810.35 86.16 6,094 .02 489.20 540 .07 489.22 1,994.78 34,731.92 45,235. 72 ACTION TO BE TAKEN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CLAIMS APPROVAL * * * * WE, THE UNDERSIGNED COUNCIIMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE * * OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT * * IN THE AMOUNT OF $45,235.72 THIS lOTH DAY OF JANUARY, 2017 * * * * * * * COUNCIL MEMBER COUNCIL MEMBER * * * * * * * * COUNCIL MEMBER FINANCE DIRECTOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DATE 1/06/17 TIME 09:12:47 LAKE PAGE 1 XAPPRVD C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 01/10/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= A T & T MOBILITY 00004826 0000079417 118.40 GPS SERVICE ====================== TOTAL: 118 .40 AMERIGAS 00007048 0000079657 49.95 MISC SUPPLIES ====================== TOTAL: 49.95 ATTACK! OPGEAR 00004168 0000079725 1,916.40 UNIFORMS ====================== TOTAL: 1,916.40 BASIN LOCK & SECURITY 00003714 0000079726 26.98 KEYS ====================== TOTAL: 26.98 BASIN PROPANE LLC 00007006 0000079573 10.64 PROPANE ====================== TOTAL: 10.64 BASIN SEPTIC SERVICES 00000166 0000079313 84.29 MISC SUPPLIES ====================== TOTAL: 84.29 BRAUN NORTHWEST INC 00007240 0000079552 176 .74 MISC SUPPLIES ====================== TOTAL: 176.74 BUD CLARY FORD 00006454 0000079553 249 .25 MISC REPAIR/PARTS TOTAL: 249.25 BUD CLARY TOYOTA CHEVROLET 00000150 0000079658 177.65 MISC REPAIR/PARTS ====================== TOTAL: 177. 65 BUSINESS INTERIORS & EQUIPMENT 00003619 0000079410 1,655.18 COPIER MAINT AGREEMENTS ====================== TOTAL: 1,655.18 CAROL HOHN 00006772 0000079269 175.00 BUILDING MAINTENANCE ====================== TOTAL: 175.00 CENTRAL WASHINGTON ASPHALT 00003510 0000079699 450.00 INSURANCE-SNOW PLOWING CONTR ====================== TOTAL: 450.00 CENTURYLINK 00003599 DATE 1/06/17 TIME 09:12:47 NAME OF VENDOR Department CITY OF MOSES T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G L J\ K E T 0 B E A P P R 0 V E D 0 F 01/10/2017 Expenditure Account PAGE 2 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 00001502 00003599 00001502 00003599 00001502 00003599 00001502 00003599 00001502 0000079481 0000079481 0000079481 0000079481 8.00 8.00 50.00 50.00 ====================== TOTAL: 0000079405 0000079407 116. 00 48.18 162.78 ====================== TOTAL: 210.96 0000079481 70.00 ====================== TOTAL: 70.00 0000079407 471.82 ====================== TOTAL: 471 .82 0000079481 25.00 ====================== TOTAL: 25.00 0000079407 200.49 ====================== TOTAL: 200.49 0000079481 4.00 ====================== TOTAL: 4.00 0000079405 295.94 ====================== TOTAL: 295.94 0000079481 10.00 ====================== TOTAL: 10.00 0000079407 139.35 LONG DISTANCE TEL SERVICE LONG DISTANCE TEL SERVICE , LONG DISTANCE TEL SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE TELEPHONE SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE DATE 1/06/17 TIME 09:12:47 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G LAKE T 0 B E A P P R 0 V E D 0 F 01/10/2017 Expenditure Account PAGE 3 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 00003599 00001502 00003599 00001502 00003599 00001502 00003599 CHS INC 00000249 CITY OF MOSES LAKE 00008201 TOTAL: 0000079481 0000079481 0000079478 0000079478 TOTAL: 0000079407 0000079405 139.35 62.75 58.75 54.75 54.73 230 .98 50 .29 48.18 ====================== TOTAL: 0000079481 TOTAL: 0000079405 TOTAL: 0000079481 0000079481 TOTAL: 0000079405 98.47 62.75 62.75 2,804 .07 2,804 .07 23 .34 4.00 27 .34 197 .29 ====================== TOTAL: 197.29 0000079481 4.00 ====================== TOTAL: 4.00 0000079315 12 ,940.58 ====================== TOTAL: 12,940.58 0000079333 107.25 LONG DISTANCE TEL SERVICE LONG DISTANCE TEL SERVICE WATER SHUT OFF NOTIFICATIONS WATER SHUT OFF NOTIFICATIONS TELEPHONE SERVICE TELEPHONE SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE LONG DISTANCE TEL SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE LONG DISTANCE TEL SERVICE FUEL FOR VEHICLES WATER SERVICE/DEC DATE 1/06/17 TIME 09:12:47 LAKE PAGE 4 XAPPRVD C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 01/10/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 00008106 00008201 00008107 00008106 COLUMBIA BASIN PUBLISHING CO 00000210 CONFLUENCE HEALTH 00005069 CONSOLIDATED DISPOSAL SERVICE 00006284 CONSOLIDATED ELECTRIC DIST 00000819 DAY WIRELESS SYSTEMS 00005517 ECHELON ENGINEERING INC 00004135 ====================== TOTAL: 107.25 0000079617 737 .65 ====================== TOTAL: 737.65 0000079333 386.18 TOTAL: 386.18 0000079717 600,000.00 ====================== TOTAL: 600,000.00 0000079617 75.00 ====================== TOTAL: 75.00 0000079282 347.16 ====================== TOTAL: 347.16 0000079714 105.00 ====================== TOTAL: 0000079413 0000079413 105.00 18,416.94 25,718.06 ====================== TOTAL: 0000079483 0000079483 44, 135. 00 240.74 262.57 ====================== TOTAL: 0000079542 0000079542 503.31 370.18 370.17 ====================== TOTAL: 740.35 0000079731 5,769.96 ====================== TOTAL: 5,769.96 RETAIN PE2 POW STRMWI'R 2016 WATER SERVICE/DEC INTERFUND LOAN/W-S TO AMB RETAIN PE2 POW STRMWI'R 2016 PUBLICATIONS CDL EXAM GRABAGE CONTRACT/TRANS STA GRABAGE CONTRACT/TRANS STA MISC SUPPLIES MISC SUPPLIES MISC REPAIR/PARTS MISC REPAIR/PARTS BRIDGE INSPECTION SERVICE DATE 1/06/17 TIME 09:12:47 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E TABULATION OF CLAIMS TO BE APPROVED C 0 U N C I L M E E T I N G 0 F 01/10/2017 Expenditure Account PAGE 5 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= FABER INDUSTRIAL SUPPLY 00000501 FASTENAL COMPANY 00007372 FERRELLGAS 00002207 GALLS, LLC 00000133 GRANT COUNTY TREASURER 00000607 HARRIS COMPUTERS 00005872 JERRYS AUTO SUPPLY 00005835 KONE INC 00006438 LAKESIDE DISPOSAL 00004080 LINDSAY/CULLIGAN 00005289 LOCALTEL COMMUNICATIONS 00004374 0000079728 17.31 ====================== TOTAL: 0000079667 0000079667 17.31 18.52 220.89 ====================== TOTAL: 239 .41 0000079656 155.77 ==================~=== TOTAL: 155.77 0000079354 1,282.58 ====================== TOTAL: 1,282.58 0000079723 950.17 TOTAL: 950.17 0000079718 93 .40 ====================== TOTAL: 93 .40 0000079670 100 .62 ====================== TOTAL: 0000079263 0000079263 100.62 65.35 371.47 ====================== TOTAL: 436.82 0000079385 192,956.97 ====================== TOTAL: 0000079706 0000079706 0000079532 TOTAL: 192,956.97 14.66 20.91 19.83 55 .40 MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES DOCK CYLINDERS UNIFORMS 2% LIQUOR PROFITS 1099 TAX FORMS MISC SUPPLIES ELEVATOR MAINTENANCE ELEVATOR MAINTENANCE CONTRACT PAYMENT MAC/PR WATER MAC/PR WATER MISC SUPPLIES DATE 1/06/17 TIME 09:12:47 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G LAKE T 0 B E A P P R 0 V E D 0 F 01/10/2017 Expenditure Account PAGE 6 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= MAYFIELD FITNESS 00007251 MOSES LAKE STEEL SUPPLY 00001268 MOSES LAKE TOWING 00006525 OASIS AUTO SPA 00004834 OXARC INC 00001412 PITNEY BOWES INC 00005702 POW CONTRACTING 00005344 PUBLIC SAFETY TESTING 00005085 0000079380 909.00 ====================== TOTAL: 909.00 0000079736 1,483.21 ====================== TOTAL: 0000079673 0000079673 0000079673 TOTAL: 0000079572 1,483.21 62.31 68.76 39 .49 170. 56 183.43 ====================== TOTAL: 183.43 0000079319 317.25 ====================== TOTAL: 0000079508 0000079508 0000079508 00000 79508 317. 25 294 .13 58.82 88.23 58.82 ====================== TOTAL: 500.00 0000079734 91.70 ====================== TOTAL: 0000079616 0000079616 91.70 13, 940 .35 1,500.00 ====================== TOTAL: 0000079722 0000079722 15,440.35 400.00 350.00 ====================== TOTAL: 750.00 INTERNET SERVICE REPAIRS TO FITNESS EQUIP MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES CAR WASHES-DECEMBER SERVICE CALL SERVICE CALL SERVICE CALL SERVICE CALL POSTAGE MACHINE INK PE2 STORMWATER REPAIR 2016 PE2 STORMWATER REPAIR 2016 SUBSCR FEES/4TH QTR SUBSCR FEES/4TH QTR DATE 1/06/17 PAGE 7 TIME 09:12:47 XAPPRVD NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E E T I N G 0 F 01/10/2017 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= QCL INC 00006542 QUILL CORPORATION 00004811 ROADWISE INC 00004402 SAFETY KLEEN CORP 00004265 SHRED IT 00003144 SIGNS NOW 0000705 1 SPOKANE INTL TRANSLATION 00005792 TATUM LAWN CARE 00005928 THE WESLEY GROUP 00004986 -0000079721 65.25 ====================== TOTAL: 0000079719 0000079719 65.25 68.68 147.10 ====================== TOTAL: 215 .78 PRE-Fl-IPLOY DRUG TESTING FLOOR MATS, MISC SUPPLIES FLOOR MATS, MISC SUPPLIES 0000079710 26,828.35 GRANULAR PRODUCT ====================== TOTAL: 26,828.35 0000079534 419.15 MISC SUPPLIES ====================== TOTAL: 419.15 0000079733 6.25 RECORDS DESTRUCTION 0000079733 6.25 RECORDS DESTRUCTION 0000079733 12 .50 RECORDS DESTRUCTION 0000079733 12.50 RECORDS DESTRUCTION 0000079733 12.50 RECORDS DESTRUCTION 0000079733 4.16 RECORDS DESTRUCTION 0000079733 4.17 RECORDS DESTRUCTION 0000079733 4.17 RECORDS DESTRUCTION ====================== TOTAL: 62.50 0000079570 171.92 MISC SUPPLIES ====================== TOTAL: 171.92 0000079727 62.50 TRANSLATION ====================== TOTAL: 62.50 0000079735 1,186.90 HAUL GARBAGE/1105 HILL ST ====================== TOTAL: 1,186.90 DATE 1/06/17 TIME 09:12:47 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G LAKE T 0 B E A P P R 0 V E D 0 F 01/10/2017 Expenditure Account PAGE 8 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000079715 200.00 LABOR RELATIONS CONSULT ====================== TOTAL: 200.00 TITAN TRUCK EQUIPMENT 00007965 0000079568 3,981.51 TOOL BOXES ====================== TOTAL: 3, 981. 51 TROPHIES BY LAKE BOWL 00005415 0000079713 73.37 SERVICE PLAQUE-HARER ====================== TOTAL: 73.37 VERIZON WIRELESS 00002107 0000079416 54.36 CELL PHONE SERVICE 0000079416 36.10 CELL PHONE SERVICE 0000079416 58.24 CELL PHONE SERVICE 0000079416 13.20 CELL PHONE SERVICE 0000 079416 449.62 CELL PHONE SERVICE 0000079416 127.75 CELL PHONE SERVICE 0000079416 13 .20 CELL PHONE SERVICE 0000079416 38.84 CELL PHONE SERVICE 0000079416 19.44 CELL PHONE SERVICE 0000079416 58 .. 24 CELL PHONE SERVICE 0000079416 19.40 CELL PHONE SERVICE ====================== TOTAL: 888.39 WESTERN PETERBILT INC 00006802 0000079678 43.12 MISC SUPPLIES 0000079678 225 .98 MISC SUPPLIES 0000079678 436.54 MISC SUPPLIES ====================== TOTAL: 705.64 ============================= REPORT TOTAL: 926,901.59 DATE FRI, JAN 6, 2017, 9:12 AM TIME 09:12:48 TOTALS BY FUND FUND NO 000 103 116 119 410 490 493 495 498 517 519 528 C I T Y 0 F M 0 S E S TABULATION OF CLAIMS C 0 U N C I L M E E T I N G FUND NAME GENERAL FUND GRANTS AND DONATIONS STREET STREET REPR/RECON WATER/SEWER SANITATION STORM WATER AIRPORT AMBULANCE FUND CENTRAL SERVICES EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW LAKE T 0 B E A P P R 0 V E D 0 F 01/10/2017 AMOUNT 14,860.11 l, 937 .31 27, 785.50 14,678.00 605,352.62 237,150.89 1,629.73 225.29 169.17 5,483.29 16,650.78 978.90 926, 901. 59 VEND NO. P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTALS PAGE XAPPRVD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CLAIMS APPROVAL * * * * WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE * * OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT * * IN THE AMOUNT OF $926,901.59 THIS lOTH DAY OF JANUARY, 2017 * * * * * * * * COUNCIL MEMBER COUNCIL MEMBER * * * * * * * 0 ' 0 0 0 o 0 0 0 0 ' I 0 0 ' 0 t 0 0 o 0 0 0 > o 0 o o 0 0 o o o ' o ' 0 • ' 0 0 0 o 0 o 0 • 0 0 0 I 0 0 I 0 0 0 0 0 0 0 0 -~ o 0 0 0 0 0 0 0 0 0 0 0 I 0 I 0 0 0 0 0 I 0 0 t 0 0 0 0 0 0 0 0 I 0 0 o 0 I 0 0 0 0 < I 0 0 0 * COUNCIL MEMBER FINANCE DIRECTOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Comm. Dev. Director/Deputy City Manager January 10, 2017 MOTION Wheeler Corridor Business Park Major Plat -Findings of Fact Legislative History: I January 10, 2017 I Motion Attached is the Wheeler Corridor Business Park, Findings of Fact as recommended by the Planning Commission. The Planning Commission considered the Preliminary Plat at their November 10, 2016 regular meeting and approved the preliminary plat as presented with conditions. See attached. Background The proposed is to plat 6.99 acres at 1304 Wheeler Road into a one-lot plat. The site contains a recently-constructed greenhouse. The property is being platted so proposed future development of additional greenhouses can occur. Fiscal and Policy Implications n/a Page 1of2 Options Option Results • Approve the Wheeler Corridor Business The Wheeler Corridor Business Park Major Plat Park Preliminary Major Plat as can proceed through the process in compliance recommended by the Planning with city regulations. Commission • Take no action. Staff Recommendation -------The site would continue as-is, without further development Staff recommends City Council approve the Wheeler Corridor Business Park Preliminary Major Plat Findings of Fact as recommended by the Planning Commission. Attachments A. Findings of Fact B. Plat Map c. Aerial Legal Review The following documents are attached and subject to legal review: N/A Type of Document Title of Document Date Reviewed by Legal Counsel • Page 2 of 2 BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON IN THE MATTER OF THE WHEELER CORRIDOR BUSINESS PARK MAJOR PLAT AND CONDITIONAL USE PERMIT FINDINGS OF FACT, CONCLUSIONS, AND DECISION 1. HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public hearing was held upon proper notice before the Planning Commission on November 10, 2016. 1.2 Proponent. Chrisjen Enterprises LLC is the proponent of this plat. 1.3 Purpose. The proponent has requested a one-lot plat of 6.99 acres and a conditional use permit to place cargo containers for storage at 1304 Wheeler Road in the Light Industrial Zone upon property described as Assessor Parcel #11-0005-002 and more fully described on the face of the plat. 1.4 Evidence. The Commission considered the following materials in reaching its decision: A. The plat submitted June 8, with additional information submitted June 17, June 27, and September 29. B. Staff report and attachments. C. Testimony from Anne Henning, staff; Greg Haynes, representing the proponent; and Dale Good, property owner in the area. 2. FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidence presented to it, the Commission makes the following findings of fact: 2.1 The proponent is one of the owners of the property legally de~cribed above located within City limits. 2.2 The site contains a recently-constructed greenhouse, cargo containers for storage, and vacant land. Future development is proposed to be additional greenhouses. MLMC 18.40, Industrial Zones, allows cargo containers by conditional use permit, in compliance with MLMC 18. 76, Cargo Containers. 2.3 MLMC 18.76, Cargo Containers, establishes minimum standards for the placement of cargo containers as storage facilities in those zones where they are allowed by conditional use permit. Conditions include that the containers must be appurtenant to the primary use in an adjoining building, the containers must be placed on a level concrete or asphalt surface, the containers shall not be stacked, a hard surface fire access road is required, the containers shall not be visible to the motoring public unless visual impacts are mitigated, containers shall be painted to blend in with the building, the area of the containers shall not exceed 5% of the area of the associated building, and no more than 3 containers are allowed. 2.4 The site is zoned Light Industrial, which corresponds with the Comprehensive Plan Land Use Designation of Industrial. Surrounding land uses are a mix of commercial, industrial, agricultural, and residential uses, and vacant land. The site abuts Wheeler Road to the south and SR-17 right-of-way to the west. 2.5 Wheeler Road is classified as a primary street. Improvements are existing, including sidewalks, curbs, gutters, pavement, and utilities. The Municipal Services Department did not require any modifications to Wheeler Road. Lasco Lane is classified as a tertiary street. Improvements do not meet City standards. Improvements to City standards are a requirement of platting, unless a waiver or deferral is granted. 2.6 No portion of the site has been classified as an environmentally sensitive area. No culturally or geologically sensitive areas or wetlands have been identified on the site. The western 2/3 of the site is relatively flat, sloping from 1154' at the northwest corner to 1161', then the eastern 1/3 of the site slopes up sharply from 1161' to 1170'. The Confederated Tribes of the Colville Reservation noted that the site could contain archaeological resources; however, no comments were received from the Washington State Department of Archaeology and Historic Preservation. 2.7 The Development Engineer provided a list of comments and corrections that must be addressed before the final plat is submitted for review. 2.8 The ECBID & USBR both commented that the plat is within their boundaries but does not contain Project facilities. The plat must comply with their requirements and both agencies must sign the plat. 2.9 The Grant County Assessor commented that the ownership includes both Chrisjen Enterprises and Wheeler Corridor LLC so both will need to sign the plat. 2.10 The Washington State Department of Transportation commented that any access connection to the frontage road (Lasco Lane) within WSDOT right-of-way needs approval byWSDOT. 2.11 The Confederated Tribes of the Colville Reservation commented that this area is characterized as highly sensitive for containing as yet undocumented cultural resources. Pre-contact period, historic, ethnographic, and traditional sites significant to the Confederated Tribes of the Colville Reservation are known to exist in the vicinity and such sites could remain undocumented with the project area. They requested that a cultural resource survey be completed for the site. 2.12 Since no comments were received from the Washington State Department of Archaeology and Historic Preservation, a cultural resource survey was not required. However, the MONS includes a condition related to discovery of archaeological resources. 2.13 A Mitigated Determination of Non-Significance (MONS) was issued for the project on October 25, under the State Environmental Policy Act Rules (WAC 197-11). There were 9 conditions, related to deleterious materials spiffs, stormwater, fill, sediment control, site stabilization, archaeological/cultural resources, WSDOT approval of access, street and utility improvements, and informing contractors of conditions. The conditions of the MONS automatically become conditions of the project approval. 2.14 The closest intersections for which the Comprehensive Plan sets a transportation level of service are Pioneer/Wheeler/51h, set at D, and Wheeler and Road L, set at C. Existing conditions as of 2010 were C at both intersections. However, the project will add very few trips so will not lower the level of service. 2.15 Comprehensive Plan General Land Use Policy 1 encourages cost-effective development adjacent to urban areas where adequate public facilities and services exist or can be provided in a timely and efficient manner. 2.16 Comprehensive Plan Land Use Policy 4 encourages infill developments that are scaled and designed to fit their surroundings on properties suited to urban development. 2.17 Industrial Land Use Goal 10 encourages the development of diversified industrial and manufacturing activities to provide employment in the area, and strengthen the economy and tax base. 2.18 Industrial Policy 53 is that City shall coordinate with the Grant County Economic Development Council, Port of Moses Lake, Public Utility District, and other regional agencies' efforts to retain and attract industrial and manufacturing activities in the area. 2.19 Industrial Policy 54 is that industrial and manufacturing recruitment efforts shall be supported by a range of procurable large, open, attractive light-and heavy-industrially- zoned development sites located within the UGA. 2.20 Industrial Policy 55 is that industrial lands should not attract land uses which are more appropriate in commercial areas. 2.21 Industrial Policy 56 is to locate industrial lands in areas that maximize available and planned infrastructure, including major transportation corridors. 2.22 Dale Good, 905 Laguna Drive, testified that he owns 1212 and 1228 Wheeler Road. The odor from the marijuana greenhouse has caused complaints from his tenants and customers. He also questioned why he wasn't: nqtitied bef_ore the . greenhouse was constructed. Th.e Planning Commission respo'n~ed that odor complaints are a zoning matter that should be directed to staff, and that previous actions on the site did not trigger land use permits so public notification was nqt requir~d. 3. CONCLUSION~ BY THE PLANNING COMMISSION. From the foregoing fi'ndings of fac~, the Planning Commission makes the following conclusions : 3.1 . T.he decision of the Planning Commissron·must be supported;by the evidence· presented and must be consistent with the standards and criteria for review specified in state statutes and. city ordinances . The standards and criteria for ·review of preliminary plat applications are found in Chapter 58.17 of the Revised Code ofWashington (RCW), Title 17 of the Moses L·ak:e Municipal Code (MLMC), and Title 20 MLMC. The standards and criteria for conditional .use permits are found in MLMC 18.51 . The standards for cargo containers are found i_n MLMC 18.76. · 3.2 Odors cause by a business are not relevant to the· plat and storage conditional use permit currently being considered. Notifications were d~n~ properly. 3.3 MLMC 20 .09.020 requirements: 1. Comprehensive Plan/Municipal Code: The development is consistent with Comprehensive Plan goals and policies on infill and industrial uses by platting a site in an industrial area that has access to City services and making the site suitable for additional development. With conditions, the development meets the requirements and intent of the Municipal Code. 2. Adequate provisions for necessary improvements: With the improvement of Lasco Lane, the project will provide adequate streets and other public ways, water supply, and sanitary waste disposal. . 3. Impacts: No impacts have been identified under Chapters 14 through 19 that will not be mitigated through existing regulations and conditions. 4. Public health, safety, welfare, and interest: The development is beneficial to the public health, safety and welfare and is in the public interest by platting land consistent with the intent of the Light Industrial Zone and making it suitable for additional development. 5. Transportation Level of Service: The development does not lower the level of service ·of transportation facilities below the minimum standards established in the Comprehensive Plan because platting the property does not change the traffic generated by the site, and the proposed use is expected to generate very little traffic. 6. Parks Level of Service: Not applicable to industrial projects. 7. Dedications: No dedications are proposed. 5. Conditional Use Permit: As conditioned by MLMC 18.76, allowing cargo containers for storage does not hinder the intent of the Light Industrial Zone. It conforms to the Comprehensive Plan. Storage in cargo containers will not generate traffic so will not create undesirable traffic congestion or parking problems. MLMC 18.76 requires screening or visual mitigation, so the use will not be detrimental to surrounding properties because of appearance or use. The storage use will not create noise. The condfti6"naf use permit will not allow deviations from the standards and regulations of the Light Industrial Zone. Storage in cargo containers will not create environmental problems. 4. DECISION OF THE PLANNING COMMISSION. 4.1 On the basis of the foregoing findings of fact and conclusions, the Planning Commission of the City of Moses Lake recommends that the request for a preliminary major plat as submitted on the property designated above be approved with the following conditions: 1. The comments of the Development Engineer shall be addressed before final plat submittal. 2. Street and utility improvements for Lasco Lane are required unless the City Council grants a waiver or deferral of improvements. . . 3. Access connections to Lasco Lane need to be approved by WSDOT wfthin WSDOT right of.way .. 4. The final · plat mylars must meet all . requirements Of ECBID and· USBR before they are subr:nitted to the City for signature. 4.2 On the basis of tbe .foregoing findings of fact ahd coI)cli.Jsions, it is the decision of the Planning . Commis~ion of the City of Moses· Lake tMt the request for a cond!tional use permit for cargo· c9ntainers be approved with ·the following conditions: · 1. On~y 3 aor\tainers are allowed, per MLMC.18.76.0~~.B_. . . 2. The c9ntainer near the building shall be painted to blend· with the building per MLMC 18.n>.040.B or shall be s_creened frqm sight per MLMC 18.76:0_30.E. The . containers .not. _located nepr the building shall ~e spreened from sight of .the .· motoring public per MLMC 18.76.030.E. 3. The containers shall be placed on a level concrete or asphalt surface as required by MLMC 18.76.030.B. 4. A hard surface fire access road for the containers shall be provided as required by MLMC 18.76.030.D. 5. A container placement permit for each container is required per MLMC 18.76.030.H. 6. The conditional use permit shall run with the land. Approved by the Planning Commission on December 15, 2016. Vicki Heimark, Chair PRELIMINARY WHEELER CORRIDOR BUSINESS PARK MAJOR PLAT A PORTION OF THE SOUTHWEST 11• OF THE SOUTHWEST 114 OF SECTION 13, TO'M>ISHIP 19 N., RANGE 28 E., W.M., MOSES LAKE, GRANT COUNTY, WASHINGTON CQl!ENAHTS COriCNIHTS..-S~WTMMl"l.At, #IMll((:ClllCll!)ASAllfWIV.fl~ ...,.. ___ .CCll'lllO'OIUIM" COl.HY.Wl.»WGlO't REFERENCE DATA IJ ~Ol.lAPf:lll;~.....,. ~U«-AQA.SNtH'l'l"(QOllllD (/1-~.NN.~IM.IO()CMOI ~Nm'S1.~0l'OIW'f co.HTY.~()111 ZONING INFQRMADON ll'NllQ!l,.,._.l'ICICICllNZ DISTIGlNO'*·llll ~ MUIW.WCUSl·ll• ll'O..ISTM. ZO'C.U·~~ LEGENO: M ·t· • RECEIVED CO'AMUNITY DEVELOPMENT PLA'l~!'NG AND bUILDING Cl ry OF MOSES I .. KE 6 rcvouJ•1t 9'A6&C»li0uielll'l:CASI: (t»tJ1/t"M:4oll!:&CNl.lS-IUa,gTJOtt Vl'lll4'#1flfntsutY5'!'Clt·Cll#~U _ .. , OOro'PUlliOPONl"NOTMf°"l'OLN> ---~IOl>(Wn'lNS ---"""'-- ---l01'°""°"""1HS --~.()ll-'fl.JNE$ -·-·-Oli.fli:l'l.NS ···---·····~unJT't'~lMI -- - --HCTO.l,.lllU -----u.itl'Nl,.._~GASlH -•--f(tQ.U~ Sl!RyEY EQUIPMENT t'7'00NMl'lAGot,KMS~I fCl'COHHl'tl'lurt:"'US~ lOf'CONO'TUlllDlotALUAn:>f lCPCOIOl'C2IOOl'llnlDl.TACOJ.!<:T0M BEARING DATUM TM:&lriSISOl....,....f'lllrl7 .. r'114.9lli'rGMICIJn'I IQl,H)l«'ICJ' n« '°"'"'llUTa.wnt.aOl'9'CJIJN Q,. ~-IC)llm\~aaUS'l.Wlol,fPOM'fWH' to.IO¥«U'C AO.laT!ilOCT,l'llCICMlf7 ~lll(Q)lllCIC) ~'°""T:)M'IN,k)()i( .. Ol'~~·llJ#oOl.,,illtCOllOl Cll'Ol'WfTOC).tff'I,~ VERTICAL DATUM IJ.S .. JtllRA$$~...:::NNIHl'IHC'ASE:,\Uol41,AT1Hli IOIJTloMHT~CJ'HCnQN 1:1,. t• ..._ WJ&..Jll_lt$IWIKS IK'.llttl'\AtfO \.Ntt .... fO>l:•Ol'~'VtS.JW«S• ·'1.~0l'"""""a::UilSY.wo.5"11GfOrt ea:noH"""' lfS.TI•RZIE.W.M., CINOllMOKll.N<a, QfWn' COUNrr. WA PRELIMINARY WHEELER CORRIDOR BUSINESS PARK MAJOR PLAT A PORTION OF THE SOUTHWEST 114 OF THE SOUTHWEST 114 OF SECTION 13, TOWNSHIP 19 N .• RANGE 28 E., W.M .• MOSES LAKE, GRANT COUNTY. WASHINGTON ACKNOW-EDGEMENTS: lfAl'l.Oll' ____ -lo ..... _ =~-·---""--- ~ l.AU.-..U-...e1TOA~-.V- ~~IDOll. 1 . .ou.una-......a101.~1.-.....~-M.1. ~TY1.Mt"l'C...-Clro'4iwc..TD1 .. ,..Dll1N:'I """'181;"'~ ~==":.=.::.~~": ~~~~=-=""' _..~,to-fl&DC.onD-•-~ ===-c:....o~=--=~~ ~~~~~i::~ • LNOW._f,."'°"1"-"T....U..--~-:=~=Moo.rtOO-.\H,,19'4 ~-::,~=·"-NOOQJO~M 1.CllWfl'~-NO~TOCONSIIWl."I. ~-=-::=~--Afll'O'Ct ,_.onl'Uf-~~ ......... 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"""""""°lfC)lllllP'*l'ICl8W. ~....,~~_..,,,.,, .. ~~~~-=' ""'°"''°""""°~'I<~-~ =-~~=·=1:o 8<C'l10H-111,T1tN.ft21E.W.M .. iI / To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Dir./Deputy City Manager January 10, 2017 Motion Resolution -Abandon Easements -Parkview PU D Major Plat Legislative History: January 10, 2017 Motion The attached Resolution abandons three easements. Easement #1 will no longer be needed after the Parkview PUD Major Plat is filed since there will be a right-of-way dedicated in place of this easement. Easements #2 & 3 will be recorded on the plat as a continuous 20' wide easement for Municipal purposes. Background The three easements in the proposed PUD were given to the City of Moses Lake in the past. The easements are needed for service, maintenance, and right-of-way. Now that the property is being platted, it is preferable to have the easements and right-of-way dedicated on the plat rather than as separate documents. The old easements must be abandoned so as to not have duplicate easements. Fiscal and Policy Implications N/A Page 1of2 Options Option • Approve the Resolution • Take no action. Staff Recommendation Results ----------·---The easements will be abandoned and rededicated as described. The easements will remain as-is, and the title clouded. Staff recommends the City Council to approve the resolution to abandon the three easements. Attachments A. Resolution B. Site Map c.. Copies of Original Easements 1, 2, 3. Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Page2of2 RESOLUTION NO. 3561 A RESOLUTION AUTHORIZING ABANDONMENT OF EASEMENTS RECITALS: 1. The City of Moses Lake has received a request for the abandonment of the easements described as follows: And A parcel of land in the Northwest Y.i, Southwest Y.i, Section 23, Township 19 North, Range 28 East W.M., City of Moses Lake, Grant County, Washington, described as follows: Beginning at the northeast corner of the Lingg Addition, as Recorded in Plat Records of Grant County, Volume 7, Page 93 of Plats, which point is on the west right of way line of Division Street, 30.00 feet west of the Division Street centerline, thence North 89°45'07" west, 10.00 feet; thence north 00° 14 °53" East, 150.00 Feet; thence South 89°45'07" East, 10.00 feet to the west right of Way line of Division Street; thence South 00°14'53" West, 150.00 Feet along said right of way line to the point of beginning. Containing 1500 square feet more or less. Parcel 11-0126-000, 11-0223-000 and 11-0306-000 AND Beginning at the intersection of the centerlines of John Street and Ash Street of East Lake Addition to City of Moses Lake; thence westerly along the centerline of John Street a distance of 25 feet to a point which is 265 feet westerly from centerline of County Road No. 722; thence northerly on a line parallel with the westerly boundary of County Road No. 722. a distance of 410 feet to the true point of beginning; thence continuing on the same line a distance of 100 feet; thence easterly on a line parallel to the north boundary line of the SW Y.i, Section 23, Township 19 North, Range 28 E.W.M., a distance of 20 feet; thence southerly on a line parallel with the westerly boundary of County Road No. 722 a distance of 100 feet; thence westerly on a line parallel with the north boundary line of said SW Y.i a distance of 20 feet to the true point of beginning; for the purpose of constructing, reconstructing, repairing, maintaining a lateral sewer to be constructed by, through or under the above described real estate, together with ingress thereto and egress therefrom for the purpose of enjoying said easement; and also granting to the Grantee and to those acting under said Grantee the use of such additional area immediately adjacent to said easement as shall be required for the construction of the lateral sewer in the above described easement such additional area to be held to a minimum and returned to its original state by the Grantee or its agents. TO HAVE AND TO HOLD with appurtenances unto the Grantee and its successors and assigns forever. Beginning at the intersection of the centerlines of John Street and Ash Street of East Lake Addition to City of Moses Lake; thence westerly along the centerline of John Street a distance of 25 feet to a point which is 285 feet westerly from centerline of County Road No. 722; thence northerly on a line parallel with the westerly boundary of County Road No. 722, a distance of 360 feet to the true point of beginning; thence continuing on the same line a distance of $50 feet; thence easterly on a line parallel to the north boundary line of the SW Y.i, Section 23, Township 19 North, Range 26 E.W.M., a distance of 20 feet; thence southerly on a line parallel with the westerly boundary of County Road No. 722 a distance of 50 feet; thence westerly on a line parallel with the north boundary line of said SW Y.i a distance of 20 feet to the true point of beginning; for the purpose of constructing, reconstructing, repairing, maintaining a lateral sewer to be constructed by, through or under the above described real estate, together with ingress thereto and egress therefrom for the purpose of enjoying said easement; and also granting to the Grantee and to those acting under said Grantee the use of such additional area immediately adjacent to said easement as shall be required for the construction of the lateral sewer in the above described easement such additional area to be held to a minimum and returned to its original state by the Grantee or its agents. TO HAVE AND TO HOLD with appurtenances unto the Grantee and its successors and assigns forever. 2. The Council determined that the easements have not been used for, and are no longer necessary for, public service purposes. RESOLVED: 1. The City Council of the City of Moses Lake does resolve that the easements described above will be abandoned and that the City Manager is authorized to execute the necessary documents in order to accomplish that abandonment. Adopted by the City Council on January 10, 2017. ATTEST: Todd Voth, Mayor W. Robert Taylor, Finance Director ™" .,,. "111 U!!ll AAWN!QQWN 1MC'r•a•(DIT,..1A*"8ml!>t111'JW!lrmrt. o 11.Ul•IQ..llllllfVTOEllo!C'll."•'MrtOIM. ......,.....,._ 4, .... SO.-. ... Ol"'llllt1' ... llOCll!JWID GMGIM&il,.fll:ll CXHQll.,;. ~um.nws ---- ~ 'MSUM'ftiJllSl'lllftWU'IOISTMU'ltr;l'CCl'l.M,A.(lfM:~ C*,,_lm:_M~....,.lllllilm,~m19:TDllS, Ol ....... TDIJ~wtr.Ul•.....,.,.•Tm.lltnarl'lllllCl ... 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Aud AFTER RECORDING RETURN TO: Legal Department of City of Moses lake PO Box 1579 Moses Lake , WA 98837 No 1% Reol f.s1ata Sal~s Tax Due This instrumen t ex~mpt per R.C.W. 82.45 Darryl PheasanL T 1 easu1 er Gr3nt County MUNICIPAL EASEMENT The Grantor, Jo F. Hardy, hereby grants an easement for municipal pul'pose..; and uses, to the City of Moses Lake, a municipal corporation, upon the following described property: A PARCEL OF LAND IN THE NORTHWEST 114, SOUTIIWBST 1/4. SECTION 23, TOWNSHIP 19 NORTH, RANGE 28 EAST W.M., CITY OP MOSES LAKE, GRANT COUN1Y, WASHINGTON, DESCR!BEI> AS FOLLOWS: ' •. BEGINNlNG AT THE NORTHEAST CORNER OF THE LINGG ADDITION, AS RECORDED ~PLAT RECORDS OF GRANT COUN1Y, VOLUME 7, PAGE 93 OF PLATS, WlflCH POINT IS Q.?ltHE WEST RIGHT OF WAY LINE OF DIVISION STREET, 30.00 FEET WEST OP THE DIVISION ~T CENTERLINE. THENCE NORTH 89.45'07" WEST, 10.00 PEET: THENCE NORTfJ·~·\fS~; EAST, 150.00 FEET; TiiENCE SOUTH 89'45'07" EAST, 10.00 PEET TO TilE WEST RIGfllllQF WAY LINE OP DMSJON STREET; TIIBNCE SOUTH 00' 14'53" WEST, 150.00 FEET ALO,N'G ~Alp luGHT OF WAY LINE TO TIIE POINT OF BEGINNING CONTAINING 1500 SQUARE FEEf MOkE,.OR LESS. 'f . PARCEL 11-0126-000, 11-0223-000 AND 11-0306-000. ACCEPTED ON RES. 2191 PASSED ON AUGU*T ~Cl, 1999. STATE OF WASHINGTON GRANT COUNTY 'i • ·1 certify !hat I know or have "Satisfactory evidence that Jo F. Hardy signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. -, My appointment expires ·, i . · ......... SOOK 107 1~1Glf37 EASEHElfr DEED ~ 'l'h G t L' Af. f1 J_ !;J,1§ '!-r N f J.. s 0 IV ~ .. , h . ~ • t . e -ren ors, .ti.-•. 11 ·t · ·, .. : .e.· .•. ____ .......... :s •• :S;, avini:; an l.n er- est in the pro;perty he:reins.i"ter uescribed, for an6. in cons:ideration of One and no/100 (~l.00) Dollar in hand paid, convey and q1it claim to the CITY OF h OSE& LAK.£1 a nrunicinal corpors.tion, the 1,'ollowing described real estate, siruated in the County of Grant, State of Washini;t;()n, to-wit: Bet;inning at t.!J.e "i.nters ection of the centerlines of John Street and Ash Street of East Lake Addi ti on to City of I·10ses Lake; thence westerly alonr-: the ceHter-line cf John Street a distance of 25 feet to a point .. l./hich is 265 feet westerly fro1a centerline of County c.oaP. ifo. 722; thence i:.ortherly on a. line parallel with the1,westerly boundary of' County Road No. 7. 22, a distance of "l.10 feet to the true point of beginning;; t;hence con- /'./' tinuing on the same line a distance o:r 100 feet; thence easterly on a line pi. rallel to the nort:• boundary line of the SW:{', Section 23, Tot·mship 19 Uorth, Range 28 E.W.":·'.i., a distance of 20 feet; thence southerly on a line i:e. rallel with the westerly boundary of County ~oad Ho. 722 a dis- tance 01' 100 feet;; thence westerly on a line pe:rallel •"ith tl:e nort.l:: boWldary line of said SW74; &. uis l:;ance of 20 feet to the true point of beginning; for the purpose of const~uctins, reconstructing, repairing , maintain- ing a later£J. ·sewe1• to be constructed by, through or under the above described real estate, toeether with ingress thereto and egress there-from for the purpose of enjoying said easement; and also 3ranting. to the G1•entee S.."1d to those acting unuer said Grantee the use of such addi t i ona.l area i mmediately a ajacent to said ease:rr.ent a.s silell be reo.uired for the construction of the lat era.l sew~n· in the above des- cribed easement such adtlitionnl area to be held to a mini!1Illl'n and returned to itsoriginal state by the Grantee or i ts agents. 'l'C ~JAYE A.;; TO HOLD with aupurtenancesunto t h e Grantee and its successors and assigns £orever. DATED this 2 ~ day of: June, 195). S'l'A'l'E OF WASii!Wu'l'Ol\i ) } SSo County of' Grant ) /I/. At..BER.T NELSoN On th.is day r.e Nmnally appeared bef'ore me ,..--. · . . . : •• x e:ad • : ••• : • • .• • . _ 1 to me lmown t o be t h e inubuual.~ u;;;~cI'ioed in awl W!'lO exe.cuted t.he within and foreEoint; instrt1...'1lent, and acknowledged t.::iat they signed the same a s t ;.eir :fr€Je and voluntary act and deed, for t!J.e usGs ann purposes therein mentioned. GIVEi.~ under my i1and and official seal this Zi..J:day of June, 1953. • '"• L ~o.RJ... Notari\lbiiCifl and for the State of We.shinr;ton, residin£; at iioses Lake . !Vo l % flea: Estate Excise Ta-: Dt!c '.t ."s !n~L ume::t fo:mpt Under R.C.Y.'. 28.45 'J3~ S. O'BRIEN, fwoS111er, llie~I CD1111fy (, -.:<'1 . -3 ' //if."!/,, . 1 ?A .J ;{a-L.J -~ ~·· : . . •·C.~l'Cf ·-:: '\ ' BOOM 107 PAGE136 ·-- SOOK i'he Lfre.ntors, DEL HA".:<DY and 101..RICH F. HARDY, having &n interest in the property hereinafter described, for and i n consideration of One and no·/100' (~~l.00) in hand paid, convey and quit claim to the CITY OF :;osBS LAKE., a nr.micipe.l corporation, the follouins described re<l estate, situat~d in the County of ~r&nt, State of W ashi~~ton, to-wit: Beginning e.t the intersection of the centerlines of John Street ar.d Ash Stree'& of Zast Lake Ac..di tion to City of hosef: L&ke; thence westerly along the center- line of Jo'ful Street a distance of 25 feet to a point w:uch is 285 feet westerly f1•om centerline of County road l\o. 722; thence northerly on a line pardlel with tl1e westerly boundary of County Road Ho. 722f a dist£JJ.ce of 360 feet to the true point of be~innins; '&hence con- ') ;. " tinuin::; on th~ same line a d~ stance of 5o feet; thence easterly on a line parallel to the north boundary line ' /I of tile S!<Jt, Section 23, To'l'mship 19 ~!orth, Range 26 I,.U.!1i., a distance of 20 re·et; thence southerly on a line pi rallel w1 th the westerly bovndary of County Ros.~ Mo. 722 a dis- '&ence of 50 feet; thence westerly on a line parallel with the north boundar~r line of said Sl'J't B. distance Of 20 feet to the true p0int of beginning; for the purpose of constructing, reconstr...ictin6, :C'epairin5, :maintain- ing a leteral sewer to be constructed b.y, throu~h or unaer the above described real estate, tot-:ether w:i. th ingress thereto and er;ress t 11ere- f'roxn for t11e purpose of enjoying said e asement; and also gre.ntinc to tbe Grantee snd t o those acting unuer said Grantee the use of sHch ad•'li tional ere a ilfl.medietely e. djacent to said easement as shall be required i'ol' tna constr.Jction of the lateral sewer in the above described es.sement such additional area to be held to a minimum and retu.rned. to its orizi~a.l state by i;he ::tran.tee or its ai;ents. 1'0 .HA\'E A:..;; 'fO "IOLI.> with a-.:rourtenances unto th<: tJrante6 Ql'ld its s~ccessors and ass~:ns forever. DA'rED t>iis z./,~ da~ of June, 1953. S1'il'l'b Oil' ';JAS::lll~C;TCI~ ) ) ss. County of Gran.t ) On this da-y re rsonnlly ap;ieared before me :OEL :fARDY and i·iAR101~ F. ~'111.RDY, to he kn.mm to be the ind.ividuals described in and who executed the within and foregoing _instrument anti ackno~-:ledged that they signed t~e srune as t!1e:i.r free and voluntary act e.nd deed, for the uses and pur~oses therein mentioned. GI'v.t;;H under rrry hand snti official seal this &Q/{ day of June, 19.?3· t." Note:rj'2ulicfo and for the State of rkshin:;ton, residint; at Hoses Lake. f.!o 1 Si> Real Estate Excise 1 a; Due Thie !nstument Exempt Unde; R.c.v:. 2a.45 R09::RT S. O'BRIEN, frewJru, Graot Cwnly ,I l .:; .... · .,( To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Director/Deputy City Manager January 10, 2017 Motion Ordinance-Amend MLMC Chapter 19.55 Comprehensive Plan & Development Regulation Amendments Legislative History: January 10, 2017 Single Reading -Motion Attached is an ordinance amending Moses Lake Municipal Code (MLMC) 19.55.030.F, which lists the previous fee for a Comprehensive Plan Amendment. With the inclusion of the fee schedule as part of the Budget ordinance, the separate fee listing within the Municipal Code is not necessary. In addition this ordinance eliminates potential future conflicts with the schedule as well as eliminating the need to amend this chapter in the future if the fee is changed again. Background Council approved the 2017 annual budget with Ordinance 2834 on December 13, 2016. With the passing of the budget, they also passed the fee schedule which placed the fees in one location and made them readily available for viewing. Fiscal and Policy Implications Moves the fee listing for City services and charges from multiple locations in the MLMC to one place for easy identification and reference. Page 1of2 Options • Adopt the ordinance amending MLMC 19.55. • Take no action. Staff Recommendation Staff recommends the City Council adopt the ordinance as presented. Attachments I a. I Ordinance Lega I Review The following documents are attached and subject to legal review: Type of Document Title of Document Ordinance Page 2 of 2 Date Reviewed by Legal Counsel ORDINANCE NO. 2853 AN ORDINANCE AMENDING CHAPTER 19.55 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENTS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 19.55 of the Moses Lake Municipal Code entitled "Comprehensive Plan and Development Regulation Amendments" is amended as follows: 19.55.030 Suggesting Amendments: Amendments to the comprehensive plan or development regulations may be suggested by any person, including but not limited to applicants, citizens, hearing examiners and staff of other agencies by providing the following written information on q form apprpved by the Community Development Director to meet the docketing requirements of this chapter: A Name, address and telephone number of the person, business, agency or other organization suggesting the amendment; B. Citation of the specific text, map or other illustration suggested to be amended; C. The suggested amendment; D. If a suggested amendment is to a plan or to both a plan and a development regulation, a statement of how the amendment ( 1) promotes the public health, safety and welfare; (2) is consistent with or in conflict with other portions of the comprehensive plan; and (3) complies with Chapter 36. 70A RCW, also known as the Growth Management Act, and the Grant County countywide planning policies; E. If a suggested amendment is only to the development regulations, a statement as to how the amendment complies with the comprehensive plan. F. Except for a request made by a city department or officer or governmental entity, a fee in accordance with the approved fee schedule of two AUFldred dollars ($200) is required. All applicants shall be responsible for the costs of any specialized studies including, but not limited to, traffic and transportation, critical areas and environmental impact statements associated with their request. G. SEPA checklist and fee. Section 2. This ordinance shall take effect and be in force five (5) days after its passage. Adopted by the City Council and signed by its Mayor on January 10, 2017. Todd Voth, Mayor ATTEST: APPROVED AS TO FORM: W. Robert Taylor, Finance Director Katherine L. Kenison, City Attorney To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Director/Deputy City Manager January 10, 2017 Motion Ordinance-Amend MLMC Chapter 17.06 Definitions Legislative History: December 27, 2016 January 10, 2017 Motion Attached is an ordinance that amends the definition of a major subdivision. The Planning Commission and City staff audited the provisions of MLMC 17.09 and 17.12 and determined that changes were in order. Background The 4-acre limit for short plats found in MLMC 17.09 and 17.12 is a local requirement and not state statute per RCW 58.17, Plats -Subdivision -Dedications. This requirement has forced multiple industrial and public one- lot plats to go through the more lengthy major subdivision process. The Commission recommended the change in order to expedite development. Fiscal and Policy Implications n/a Page 1of2 Options Option Results • Adopt the ordinance amending MLMC Definition is amended to reflect current 17.06 language • Take no action. Definition is out of sync with the regulations Staff Recommendation Staff recommends the City Council adopt the ordinance as presented. Attachments I a. I 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 Page 2 of 2 ORDINANCE NO. 2852 AN ORDINANCE AMENDING CHAPTER 17.06 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "DEFINITIONS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 17.06" of the Moses Lake Municipal Code entitled "Definitions" is amended as follows: 17.06.290 Major Subdivision: The division or redivision of land, for the purpose of sale, lease, or transfer of ownership. Major subdivisions are required whenever the subdivision il'lcludes lal'lds H'lat exceed four (4) acres, consists of ten (10) or more lots, or includes lands that have been subdivided by a short subdivision within the previous five (5) years by a differel'lt owl'ler. 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 and signed by its Mayor on January 10, 2017. Todd Voth, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAl<E CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Comm. Dev. Dir. /Deputy City Manager January 10, 2017 Motion FCS Contract-Ambulance Cost of Service Study Legislative History: I October 25, 2016 1 Nov~mber 8, 2016 Motion Attached is the Contract Agreement between Financial Consulting Solutions, FCS and the City of Moses Lake for the Ambulance Cost of Service and Rate Study. The Contract includes the terms of the work to be performed and Exhibit A: Scope of Work and Task Plan. The Contract Agreement includes the Tasks to be performed under the Scope of Work, which were specified by the Council. Background The City Council at their November 8, 2016 meeting authorized the City Manager to seek a contract with FSC for an Ambulance Code of Service Study. The Contract Agreement will address the Council's directive to look into a cost of service study for the ambulance utility. Page 1of2 Fiscal and Policy Implications See Exhibit B: FCS Fee Schedule Options __________ qp_t_io_n _______ -+------· Results • Authorize the City Manager to sign Development of an Ambulance Cost of Service FCS Contract Agreement as presented. and Rate Study as directed by the City Council • Take no action. Staff Recommendation Continue with current ambulance service and rates The City Council should consider the FCS Contract Agreement for the Ambulance Cost of Service and Rate Study and authorize the City Manager to Execute Agreement. Attachments I A. I FCS Contract Agreement Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Contract FCS Contract Agreement 12/27/16 -City Attorney, Katherine Kenison Page 2 of 2 January 4, 201 7 FINANCIAL CONSULTING SOLUTIONS CONTRACT AGREEMENT BETWEEN City of Moses Lake 401 S. Balsam St Page 1 GROUP, INC. Moses Lake, WA 98837 Redmond Town Center 7525 166t11 Ave. NE, Suite D-215 Redmond, Washington 98052 PROJECT: Ambulance Cost of Service and Rate Study THIS AGREEMENT combines all understandings between the Parties regarding professional services for the Project named above and supersedes all prior proposals, quotations, solicitations, negotiations, representations, agreements or understandings, whether written or oral. The performance of the professional services herein described and authorized by City of Moses Lake, as well as payment for such services, shall be in accordance with the terms and conditions presented in this Agreement and the following Sections and Exhibits which are attached and incorporated by reference which, taken together, shall constitute the whole Agreement. Section I Section II Exhibit A Exhibit B Relationship of the Parties Contract Provisions Scope of Work and Task Plan Fee Schedule IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this ______ day of , 20 __ _ APPROVED: FINANCIAL CONSULTING SOLUTIONS GROUP, INC. Peter Moy Principal •!!> FCS GROUP APPROVED: City of Moses Lake John M . Williams City Manager www.fcsgroup.com January 4, 2017 Page 2 SECTION I: RELATIONSHIP OF THE PARTIES The City of Moses Lake ("Client") desires to conduct an Ambulance Cost of Service and Rate Study ("Project"). In furtherance of the Project, the Client hereby contracts with Financial Consulting Solutions Group, Inc. ("FCS GROUP") to perform the professional services described in Exhibit A of this Agreement. All services shall be performed under the joint supervision of the Client's Representative, John Williams, or a designee or designees identified in writing to FCS GROUP by the Client's Representative. This Agreement shall inure to the benefit of and be binding upon successors, assigns, and legal representatives of each of the Parties hereto. Any assignment or transfer of an interest in this Agreement by either Party without the written consent of the other shall be void. SECTION II: CONTRACT PROVISIONS 1. Scope of Work: FCS GROUP shall perform the service for the Client which as defined in Exhibit A of this Agreement. 2. Time for Completion: The Scope of Work for the conduct of the study as set fo1ih above is anticipated to be completed by FCS GROUP within a time frame approximating that shown by the following schedule: Notice to P roceed: On or before December 31, 2016 C_ompletion of Analysis: On or before March 31, 2017 Completion of Project: Dependent on when the City Council presentation takes place, but no later than June 30, 2017. FCS GROUP agrees to perfonn the work described in the Scope of Work according to the contract schedule. Any delays shall be agreed upon by FCS GROUP and Client prior to the due date. Changes in the schedule caused by Client delays may require additional compensation and a change order. If FCS GROUP is delayed in the performance of services by conditions which are beyond their control, or by a change in the scope of work, the schedule showing time of performance may be revised. Any revision thereto shall be submitted in writing to the Client for review and approval by the Client Representative. If FCS GROUP's services are temporarily suspended by the Client in the interest of the Project and with written notice to FCS GROUP, and the suspensions last longer than 90 consecutive days, FCS GROUP shall be compensated for any additional labor and direct expenses incurred due to the interruption and resumption of services. 3. Payment: FCS GROUP will be paid by the Client on a time and materials basis as outlined below and in accordance with the standard billing rates attached hereto as Exhibit B. FCS GROUP agrees to perform the services including optional Task 11 as set forth in Exhibit A at a cost not to exceed $41, 700. It is understood that FCS GROUP will not work on optional Task 11 without prior written approval from the Client. FCS GROUP shall complete and return a W- 9 to Client prior to contract execution by the Client. No payment will be issued without a Taxpayer Identification Number on file. The compensation provided for herein shall be inclusive of all costs of any nature associated with FCS GROUP's efforts, including but not limited to salaries, benefits, expenses, overhead, administration, profits, expenses, and outside consultant or subcontractor fees. FCS GROUP is •:!>PCS GROUP www.fcsgroup.com January 4, 2017 Page 3 an independent contractor, the Client shall have no liability or responsibility for any direct payment of any salaries, wages, payroll taxes, or any and all other forms or types of compensation or benefits to any personnel performing services for the Client under this Agreement. Payment to FCS GROUP for services set forth in Exhibit A shall be: an amount equal to FCS GROUP's standard billing rates as set forth in Exhibit B multiplied by the actual hours worked. Should any unforeseen project delays, not caused by FCS GROUP, and/or any requested amendments to the original scope of work, cause this contract to extend more than 90 days past the original contracted schedule date, any work and/or amendments to the work shall be billed at the standard billing rates in effect for the period of time the work is being performed. If said \ change in billing rates will cause the project to exceed the amount stated in the preceding paragraph, a change order will be prepared and signed by both parties. Direct expenses will be charged except as identified in Exhibit B. Payment shall be made monthly upon receipt and approval of FCS GROUP's invoice. 4. Supplemental Agreements: Supplemental Agreements may be entered into upon mutual written agreement that would increase or decrease the scope and associated costs and payment. 5. Work to be Accomplished: All work accomplished will be performed under the direction of the Client Representative or his/her Designee. 6. Termination: This contract may be terminated by the Client by giving FCS GROUP written notice of such termination no fewer than fifteen (15) days in advance of the effective date of said termination. FCS GROUP shall be entitled to terminate this agreement only in the case of a material breach by the Client, and upon failure of the Client to remedy said breach within fifteen (15) days of said notice. In the event that the contract is terminated before completion by the Client, FCS GROUP shall be paid for the services to date on the basis set forth in Paragraph 3, plus 10% of the total compensation earned to time of tennination to compensate for FCS GROUP's rescheduling adjustments, reassignment of personnel, and related costs incurred due to termination. The Client shall notify FCS of termination or abandonment in writing. No payment shall be made by the Client for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the Client. 7. Compliance with Laws: FCS GROUP shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. 8. Indemnity: FCS GROUP shall defend, indemnify and hold the Client, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of FCS GROUP in performance of this Agreement, except for injuries and damages caused by the sole negligence of the Client. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of FCS GROUP and the Client, its officers, officials, employees, and volunteers, FCS GROUP's liability, including the duty and cost to defend, hereunder shall be only to the extent of FCS GROUP's negligence. •!!> J:<CS GROUP www.fcsgroup.com January 4, 2017 Page4 It is further specifically and expressly understood that the indemnification provided herein constitutes FCS GROUP's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance: FCS GROUP shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by FCS GROUP, its agents, representatives, or employees. FCS GROUP's maintenance of insurance as required by the agreement shall not be construed to limit the liability of FCS GROUP to the coverage provided by such insurance, or otherwise limit the Client's recourse to any remedy available at law or in equity. FCS GROUP shall obtain insurance of the types and coverage described below: a) Automobile Liability insurance covering all non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. b) Commercial General Liability insurance shall be at least as broad as ISO occurrence fonn CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The Client shall be named as an additional insured under FCS GROUP's Commercial General Liability insurance policy with respect to the work performed for the Client using an additional insured endorsement at least as broad as ISO CG 20 26. c) Workers' Compensation coverage as required by the Indtistrial Insurance laws of the State of Washington. d) Professional Liability insurance appropriate to FCS GROUP's profession. FCS GROUP shall maintain the following insurance limits: a) Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b) Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. •!!> FCS GROUP www.fcsgroup.com January 4, 2017 Page 5 c) Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. FCS GROUP's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Client. Any Insurance, self-insurance, or self-insured pool coverage maintained by the Client shall be excess of FCS GROUP's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. Consultant shall furnish the Client with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of FCS GROUP before commencement of the work. FCS GROUP shall provide the Client with written notice of any policy cancellation within two business days of their receipt of such notice. Failure on the part of FCS GROUP to maintain the insurance as required shall constitute a material breach of contract, upon which the Client may, after giving five business days notice to FCS GROUP to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Client on demand, or at the sole discretion of the Client, offset against funds due FCS GROUP from the Client. If FCS GROUP maintains higher insurance limits than the minimums shown above, the Client shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by FCS GROUP, irrespective of whether such limits maintained by FCS GROUP are greater than those required by this contract or whether any certificate of insurance furnished to the Client evidences limits of liability lower than those maintained by FCS GROUP. 10. Performance of Work: These services and all duties incidental or necessary therefore, shall be performed diligently and completely and in accordance with professional standards of conduct and performance by FCS GROUP. 11. Use of Work: All services performed under this Agreement will be conducted solely for the benefit of the Client and will not be used for any other purpose without written consent of the Client. Any information relating to the services will not be released without the written permission of the Client. FCS GROUP shall preserve the confidentiality of all the Client documents and data and information accessed for use in FCS GROUP's work product. 12. All Work Produced is Property of the Client: All documents, data, reports, and other products or materials produced by FCS GROUP in connection with the services rendered under this Agreement shall be "works for hire" and become the property of the Client. All such documents, data, reports and materials shall be forwarded to the Client at its request and may be used by the Client as it sees fit. Upon termination and/or expiration of this Agreement, FCS GROUP shall deliver to the Client all finished or unfinished documents, data, and reports, or other material prepared by FCS GROUP pursuant to this Agreement. •:!> FCS GROUP www.fcsgroup.com January 4, 2017 Page 6 Computer models use generally available software, such as Microsoft Excel (TM), and FCS GROUP does not intend or imply any warranty of those programs. 13. Financial Forecasts: Neither FCS GROUP's name nor the report and its financial projections may be referred to or included in any prospectus or as a part of any offering or representation made in connection with the sale of securities or participation interests to the public, whether through a public or private offering. The information used in developing the forecast assumptions will be derived from published information and other sources FCS GROUP considers appropriate. However, FCS GROUP cannot assume responsibility for the accuracy of such material. Moreover, forecasts are subject to many uncertainties as to the future; therefore, FCS GROUP cannot represent that the projected financial statements will be representative of the results that actually occur. FCS GROUP will endeavor to include appropriate comments drawing the readers' attention to these matters. 14. Integrated Agreement: This agreement together with attachments or addenda, represents the entire and integrated agreement between the Client and FCS GROUP supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended by written instrument signed by both the Client and FCS GROUP. 15. Independent Contractor: FCS GROUP is retained by the Client only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between FCS GROUP and the Client during the period of the services shall be that of an independent contractor, not employee or agent. FCS GROUP, not the Client, shall have the power to control and direct the details, manner or means of services. Specifically, but not by means of limitation, FCS GROUP shall have no obligation to work any particular hours or particular schedule and shall retain the right to designate the means of performing the services covered by this contract, and FCS GROUP shall be entitled to employ other workers at such compensation and on such other conditions as it may deem proper, provided, however, that any contract so made by FCS GROUP is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the Client. FCS GROUP shall not be considered an employee of the Client for any purpose. FCS GROUP shall pay and hold the harmless from any and all federal, state and local taxes due as result of the compensation paid to FCS GROUP. As an independent contractor, FCS GROUP and anyone employed by FCS GROUP is not entitled to workers' compensation benefits except as provided by FCS GROUP nor to unemployment insurance benefits unless unemployment compensation coverage is provided by FCS GROUP or some other entity. The Client shall not be liable for the direct payment of any salaries, wages, payroll taxes, unemployment benefits, or any and all other forms or types of compensation or benefit to any personnel performing services herein. FCS GROUP acknowledges that neither it nor its employees are covered by the Client's Workers' Compensation policy. Accordingly, FCS GROUP acknowledges and agrees that FCS GROUP is statutorily required to have in place, make available, and provide Workers' Compensation insurance for all of its employees. The Client shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to FCS GROUP or any employee of FCS GROUP. •!!> FCS GROUP www.fcsgroup.com January 4, 2017 Page 7 16. Egual Opportunity: FCS GROUP is committed to the principles of providing equal employment opportunities for all employees. The performance and diversity of our employees will help us meet the challenges of the present and the future in serving our clients. This policy statement is a reaffirmation of our long-standing commitment to provide equal opportunity on the basis of individual merit and personal qualifications to employees and applicants for employment without regard to race, color, religious creed, sex, sexual orientation or preference, gender identity, genetic characteristics or information of employee or family, age, national origin, ancestry, marital status, citizenship, the presence of sensory, mental, or physical disability, pregnancy/childbirth or related condition, medical condition, membership in the military service, veteran's status, political ideology or any other basis protected by applicable federal, state, or local laws. 17. Notices: Notices to the Client shall be sent to the following address: City of Moses Lake Attention: John Williams, City Manager 401 S. Balsam St Moses Lake, WA 98837 Notices to FCS GROUP shall be sent to the following address: Financial Consulting Solutions Group, Inc. Attention: Peter Moy, Principal Redmond Town Center 7525 -166th Ave. NE, Suite D-215 Redmond, Washington 98052 18. Governing Law and Venue: The laws of the State of Washington shall govern this Agreement and venue shall be in Grant County Superior Court. 19. Severability: If any provision of this Agreement is determined invalid, unconstitutional or unenforceable for any reason, that portion shall be severed from this Agreement and the remainder of the Agreement shall be deemed serviceable and in full force and effect unless the severed portion renders the Agreement incapable of realizing the intent of the parties in entering into this Agreement. •::> FCS GROUP • www.fcsgroup.com January 4, 201 7 Page 8 EXHIBIT A: SCOPE OF WORK AND TASK PLAN Taskl -Conduct Kick-off Meeting The consultant team will conduct a project kick-off meeting with staff from the Finance and Fire Departments, who will serve as the primary contacts with FCS GROUP for assisting and providing information for the cost of service and rate study. The agenda for this meeting will include basic data collection, a discussion of project goals and parameters, formulation of the project schedule, and discussion of other coordination issues. A written data request will be provided to appropriate City staff members in advance of this meeting. After the initial kick-off meeting, we will also conduct interviews with various stakeholders and staff and will be on-site for tours and information gathering for about two days. Task 2 -Review and Analyze Fire Department and Ambulance Cost and Workload Data To determine the cost of service, we will collect and review information on the City's costs to provide its emergency medical services and ambulance services. The review will include the 2016 actual revenues and costs and the 201 7 proposed budgeted revenues and costs. Specific 2013, 2014, 2015, and 2016 revenue data will be reviewed as well as call and response data for these same years. Because of our methodology for determining availability and demand costs, we will also need to know the total service time spent responding separately to fire/other and EMS incidents by unit, station, and jurisdiction. For all the data needs including the customer billing data, the City will provide the information in a format specified by FCS GROUP. In addition, the City will provide the data on the impacts that a third station will have on the fire and EMS responses for the City's other two stations. Task 3 -Develop a Cost of Service Framework After reviewing the City's fire department and ambulance costs, we will develop a cost of service framework consistent with the provision in RCW 35.21.766. We will first review the City's current framework and methodology and where applicable, we will identify any differences in methodologies and discuss them with the City staff. We will identify the costs associated with the basic infrastructure needed to respond to both fire and EMS calls for service and the operating costs associated with responding to fire and EMS calls for service. We will review the framework with the City staff and discuss differences in the methodologies and will al so determine if the City has data to support the framework and allocation factors used to distribute the various costs. Task 4 -Determine the Cost of Service Based on the framework, we will develop a cost of service model that can be used to allocate all the costs, including administrative and facility costs, for each station between fire and EMS/ambulance services as well as between availability and demand cost categories. Availability costs include dispatch, labor, training, equipment, patient care supplies and maintenance of equipment. Demand costs include costs related to the frequency of calls, distances from hospitals, and other costs related to responding to a call. As part of the cost of service analysis we will do the following as identified by the City: • Allocate administrative and facility costs to each station, •!!> 1'CS GROUP www.fcsgroup.com January 4, 2017 Page 9 • Allocate each station's costs between fire and EMS/ambulance services including equipment operating, maintenance, and replacement costs, and • Classify and allocate EMS/ambulance costs between availability and demand costs. Task 5 -Identify Potential Customer Classes and Cost Allocation Methods To develop the ambulance utility rates, customer classes and the use of the ambulance service must be determined. We will use the City's existing service and customer data that it already has for its ambulance utility. Potential allocation methods will be identified as well as alternative rate structures. In analyzing customer classes, allocation methods, and rate structures, we will identify any potential issues that might affect the number of billing units or customer classifications. Task 6 -Calculate Availability and Demand Rates for Each Customer Class Once customer classes, allocation methods, and rate structures have been identified, the City's revenue requirements for the availability and demand services will be calculated for the potential customer classes. After identifying the costs associated with these services, rates consistent with RCW 35.21.766 will be developed. The rates will be based on the full cost of service, but the City should address whether a General Fund subsidy should pontinue or whether rates should recover the full cost of service after subtracting fees and other miscellaneous revenues. If services are provided outside of the City, we will also discuss with the City staff how they want to address any subsidy for incidents outside the City limits. Based on the City's policy choice, we will then calculate alternative rates. If costs are not anticipated to change (i.e. no additional staff will be hired) in the near future, rates can be adjusted by the percentage change in the budgets related specifically to EMS and ambulance services. Task 7 -Develop a Five Year Forecast Once the initial rates have been established for the base year such as 2016, and ifthe City plans to make station changes such as adding a third station or EMS staffing and/or medic unit changes, a five year forecast will be developed to identify the ambulance rate impacts. We will forecast revenues and costs over the next five years to determine the necessary rate increases needed to support any changes in the future. If changes are anticipated, we will need the Fire Department to analyze and forecast EMS incidents and any impacts that additional staffing or added units might have on the fire and EMS workload of the existing units. If a new unit takes incidents away from the existing units, additional transport revenues might not occur, but existing units might be more available to respond sooner to multiple EMS calls. Once the preliminary rates and forecast are completed, we will review the results with the City staff. If Optional Tasks 11 is included we might incorporate different scenarios showing how any changes will impact ambulance utility rates. Task 8 -Prepare a Report To document the assumptions, methodology, analysis, and alternatives for establishing customer classes and rates, FCS GROUP will prepare a draft report. We will review the report with the City staff to gather comments and will make changes, as appropriate, before issuing a final report. We will provide five copies of a bound final report and an electronic version of the report. www.fcsgroup.com January 4, 2017 Page 10 Task 9 -Make City Council Presentation FCS GROUP will prepare and make one presentation for the City that could include City staff, a City Council Committee, and/or the full City Council. Task 10 -Evaluate Response Time Based on Council Adopted Performance Standards We will review the City Council adopted performance standards and evaluate how well the Department met the standards. Depending on the data available, we will show the Department's actual performance compared to the adopted performance standards and will identify areas where improvements might be needed. Optional Task 11 -Evaluate the Effectiveness of Utilizing an EMS First Response System instead of a Front Line Fire Fighting Apparatus Response We will review and evaluate the appropriateness of using a two-person Patrol System vs use of a First Response Apparatus system to medical calls. (i.e. cross staffed or fully staffed two- person squad for BLS demand). •:!> FCS GROUP www.fcsgroup.com January 4, 2017 Page 11 EXHIBIT B: FINANCIAL CONSULTING SOLUTIONS GROUP, INC. FEE SCHEDULE LABOR Name Peter Moy Christine Elting and others Diane Harmon, Kathy Lyons John Montenero *includes 10% markup DIRECT EXPENSES Title Principal Analyst Administrative Support Sub-Consultant Billing Rate $235 $125 $80 $11 O* Direct expenses ~ill be charged for project-related expenses involving travel, lodging, and meals. A 10% markup will be applied to any sub-consultant expenses. For any client-requested extraordinary expenses, specific terms will be established prior to expenditure and billing. Estimated Budget by Task Tasks Effective Hourly Billing Rates· Task 1-ConductKick-offMeeting Task 2 -Re'iiew and flllalyze Fire Department and .Ambulance Costs and Workload Data Task 3 -Develop a Cost of Service Framework Task 4 -Determine the Cost of Service Task 5 -Identify Potential Customer Classes and Cost Allocation Methods Task 6 -Cale ulate Availability and Dem and Rates for Each Customer Class Task 7 -Develop a Five Year Forecast Task 8 -Prepare a Report Task 9 -Make City Council Presentation Task 10 -Evaluate Response Time Based on Council />dopted Performance Standards Travel Project Budget Optional Task 11 -E\01uate the Effectiveness of Utilizing an EMS First Response System instead of a Front Line Fire Fighting Apparatus Response Travel Total Project Budget With Optional Task •::> FCS GROUP -rmm•· II· mmn ... . ... Consultant Hours $235 $125 $110 $80 8 2 10 $2,040 4 24 29 $4,020 4 8 12 $1,940 16 48 65 $9,840 2 8 10 $1,470 2 8 10 $1,470 2 12 14 $1,970 8 24 2 34 $5,040 8 9 $1,960 2 16 4 22 $2,910 $1,200 ------- 4 8 40 52 $6,340 $1,500 ------ www.fcsgroup.com To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Comm . Dev. Dir. /Deputy City Manager January 10, 2017 Consideration Ordinance -Repealing MLMC Chapter 2.46 Tourism Commission Legislative History: January 10, 2017 Consideration Attached is an Ordinance repealing MLMC 2.46, Tourism Commission, which is no longer a necessary Commission. The duties of the Tourism Commission are no longer applicable given the City of Moses Lake no longer adopts a tourism advertising budget which was a primary function of the Tourism Commission. If the primary function for a Tourism Commission no longer exists, it is not appropriate to continue with such Commission under the Moses Lake Municipal Code. Background The Lodging Tax Advisory Committee (LTAC) has been recently activated and met twice in 2016 as required by statute. The LTAC met to consider the requests for 2017 funding proposals. One proposal received from the Moses Lake Chamber of Commerce was for a tourism advertising budget. This proposal was recommended for approval by the LTAC and ultimately approved by the City Council at their December 27, 2016 meeting. Page 1of2 Fiscal and Policy Implications N/A Options Option Results • Consider the Ordinance repealing the Establish consistency and purpose for those creation and continuance of a Tourism Commissions under the Municipal Code Commission • Take no action. Staff Recommendation Continue with the Tourism Commission under the Municipal Code, which no longer functions I with a primary duty. The City Council should consider the Ordinance repealing MLMC 2.46, Tourism Commission as their duties are no longer necessary. Attachments I A. I Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Page 2 of 2 ORDINANCE NO. AN ORDINANCE DELETING CHAPTER 2.46 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED ''TOURISM COMMISSION" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 2.46 of the Moses Lake Municipal Code entitled "Tourism Commission" is deleted in its entirety. 2.46.010 Commission Establisfled: Tfle TeuFism Commission foF tfle city is cFeated and sflall consist of five (5) membeFs from citizens wflo Feside, own pFopeFty, OF epeFate OF manage a business, association, OF non prnfit oFganization witflin tfle coFpoFate limits of tfle city wflo sflall be appointed by tfle MayoF and confiFmed by tfle City Council, pursuant to MLMC 2.08.040. (OFd. 2689, 9/24/13; 0Fd. 2414, 8/26/08; 0Fd. 2089, 8/27/02; 0Fd. 1628, 1994; 0Fd. 1368, 1989) 2.46.020 MembeFsfli~ Ar:mointment: Witfl tfle establisflment of tfle Commission, tflFee (3) membeFs sflall be appointed foF fouF (4) yeaF teFms, tvv·o (2) membeFs sflall be appointed foF tflFee (3) year terms, and two (2) membeFs sflall be appointed foF l'wo (2) year terms. TfleFeafter each membeF sflall be appointed for a fouF (4) year term. Upon vacancy by deatfl, Fesignatien, er etfler cause, tfle Mayer, witfl confirmation by tfle City Council, sflall fill tfle vacancy by appointing a membeF foF tfle unexpired portion of tfle term. (Ord. 1368, 1989) 2.46.030 Removal: A membeF may be Femoved fer cause duFing ~is OF fleF teFm upon a recommendation from tfle MayoF and tfle affirmative majority vote of tfle City Council sitting in eiuorum. If a membeF is absent from two (2) meetings per year witflout excuse, excuses being permitted for personal OF family illness and vacations, cause exists for remo•val. Tfle member wisfling to be excused from a meeting must notify tfle secretary to tfle Tourism Commission prior to tfle meeting. Tfle absence sflall be announced and tfle Feasons tflerefoF at tfle time rnll call is taken at tfle meeting and shall be FecoFded as excused in tfle minutes of tfle meeting, if minutes are taken. (Ord. 1368, 1989) 2.46.040 Quorum: A majority of the Comffiissien sflall constitute a eiuoFum foF the transaction of business. Any action taken by the majority of tflese present at any regulaF or special meeting of tfle Commission is deemed and taken as tfle action of tfle Commission. (Ord. 1368, 1989) 2.46.050 Meetings: Tfle Tourism Commission sflall devote sucfl time as may be necessary to pFopeFly discflarge all duties devolving upon tflem. The Commission members shall serve witfleut compensation. Tfle Commission sflall organize annually by electing one (1) of its numbeF cflaiF and one (1) vice cflaiF. Minutes of all meetings sflall be filed w·itfl tfle City Manager. Tfle Commission sflall meet as often as is necessary to conduct business but shall held a meeting at least once a year. (Ord. 2598, 12/28/10; 0Fd. 1368, 1989) 2.46.060 Duties of Commission: Tfle Commission sflall advise tfle MayoF, tfle City Council, tfle City Manager, and/or officials regarding tourism programs oftfle city. Tfle Commission shall also make recommendations pertaining to tfle following matters: A. Adoption of a tourism advertising budget and tfle expendituFe of any monies Felated to tourism. B. Development, opeFatien, and maintenance, including progFamffiing, of city facilities as tfley Felate to touFism. C. Coordination witfl otfler organizations including but not limited to tfle Moses Lake Area CflambeF of CommeFCe, Moses Lal<e Business Association, Grant County, State of Wasflington Department of CemmeFce, and tfle VVasfl ington Tourism Alliance, OF theiF successors as it relates to tourism pFogFams. D. Any other matters which affect tourism efforts. In providing any advice on any of the above matters, the Commission shall solicit and consider the recommendations and opinions of those individuals or orgaflizations interested iri tourism in the City of Moses Lake. 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 and signed by its Mayor on January 24, 2017. Todd Voth, Mayor ATTEST: W . Robert Taylor, Finance Director 1 APPROVED AS TO FORM: Katherine L. Kenison, City Attorney To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Comm. Dev. Dir. /Deputy City Manager January 10, 2017 Consideration Ordinance-Amend MLMC 1.20 Civil Code Enforcement Legislative History: January 10, 2017 Consideration Attached is an Ordinance amending Moses Lake Municipal Code 1.20, Civil Code Enforcement as directed by the City Council. The amendments establish a graduated civil violation schedule for those property owners who are repeat offenders under the public nuisance provisions of the Municipal Code. The intent is to develop a system whereby property owners understand that continued public nuisance violations will have an increased monetary penalty that they will want to avoid. Background The City Council has held numerous Study Sessions and discussed measures to address problems and concerns with the process for abating public nuisance violations. One Council concern were those property owners who continually come under Code Enforcement for public nuisance violations of the Municipal Code. Page 1of2 Staff explained to Council that under our current process, once a nuisance violation has been abated and it happens that the same property owner violates again for the same cause, the case is treated like a new nuisance violation. Fiscal and Policy Implications N/A Options Option I Results -·-·----··-----=----------!----·--------- • Consider the Ordinance as presented. A graduated penalty schedule for. repeat offenders ---·--------·---·----------ti---------• Take no action. Public nuisance Code Enforcement violations will remain status quo Staff Recommendation The City Council should consider the proposed amendments to MLMC 1.20, Civil Code Enforcement and direct staff on how to proceed. Attachments I A. I 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 1.20 Civil Code Enforcement 12/22/16 -City Attorney, Katherine Kenison Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1.20 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "CIVIL CODE ENFORCEMENT" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 1.20 of the Moses Lake Municipal Code entitled "Civil Code Enforcement" is amended as follows: 1.20.030 Declaration of Public Nuisance: All civil code violations are determined to be detrimental to the public health, safety, and environment, and are declared to be public nuisances. All conditions determined to be civil code violations shall be subject to and enforced pursuant to the provisions of this chapter, except where specifically excluded by law or regulation. Any person who willfully or kriowingly causes, aids or abets a civil code violation pursuant to this title by any act of commission or omission shall be deemed to have committed a civil violation subject to the following penalties, unless specific penalties are provided by any section of this Code: a--€-1 penalty. A. First violation within any 12 month period B. Second violation within any 12 month period C. Third or subsequent violation(s) within any 12 month period 1.20.120 Administrative Notice and Order -Administrative Appeal: A. Any Notice of Violation and Order to Correct or Cease Activity issued by the Code Enforcement Officer shall be appealable to the Community Development Director or designee. Any dispute as to whether or not a violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued has been resolved so as to comply with the underlying city standard shall be appealable to the Community Development Director or designee so long as such appeal is filed before the penalty sum has reached five thousand dollars ($5,000).) A§. Optional informal appeal. Tne property owner or violator may reeiuest an initial appeal nearing before tne How to Appeal. A person to whom a notice and order is issued pursuant to this chapter may appeal to the Community Development Director by submitting to him or her a written request within ten (10) fourteen (14) calendar days of receipt from the date of service) of the Notice of Violation and Order to Correct or Cease Activity. Filing of a timely appeal snail operate to temporarily stay tne enforcement action pending resolution of tne appeal. The written appeal notice must contain at a minimum the following information: 1. A brief statement of what is being appealed; 2. A statement of the relief sought and the reasons why the city official's determination should be reversed, modified or set aside; 3. The property owner's or violator's current address; 4. Identification of any witness testimony, photographs, or documentary evidence to be presented; and 5. A statement or verification under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal, pursuant to RCW 9A. 72.085. QB. Appeal Hearing: The Community Development Director, or his or her designee if he or she is unavailable, shall conduct the iftifutt appeal hearing within seven (7) calendar days after receipt of the written notice requesting the initial appeal hearing. The Community Development Director or designee shall apply the evidentiary standard of beyond a preponderance of the evidence and shall issue a written determination affirming, modifying, or rescinding the city official's determination. A copy of his or her decision shall be provided to the property owner or violator requesting the initial appeal hearing by mailing to the address provided in subsection ~ 4® above. C. Any Notice of ViolatioA aAd 0Fder to CoFFect or Cease Activity issued by the city official aAd affiFmed OF modified by the CommuAity DevelopmeAt DiFectoF or desigAee shall be appealable to the I leariAg ExamiAeF by filing a written notice of appeal with the City Clerk w·ithifl fourl:eeA ( 14) calendar days after the date or mailing of the Commuflity Develop me flt Director's or designee's written decision. D. Appeal to I leering Examiner .. A person to whom a AOtice and order is issued pursuant to this chapter who elects not to, or who fails to use the optional informal appeal process above may appeal diFectly to the I lea ring ExamineF by filiAg a written notice of appeal with the City Cieri< ·withifl fourl:eefl ( 14) calefldar days from the date of service ofthe notice and order. The appeal must be accompanied by a filing fee in the amount established by the City's fee resolution, which is refundable if the appellant prevails oA the appeal. QE. Effect of Appeal. The timely filing of an appeal pursuant to this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the I leariflg ExamiAeF may impose a daily mofletary penalty from the date of service of the Aotice and order if he or she finds that the appeal is frivolous or intended solely to delay compliance. gF. Effect of Failure to Appeal. The violation shall be deerned committed, the notice and order shall become the final administrative order, and the monetary penalties assessed shall be immediately due and subject to collection if (a) no appeal is timely filed within the time limits set forth above after the notice and order was issued, or (b) an appeal was timely filed, but the appellant or his or her representative failed to appear at the hearing. 1.25.125 Administrative Notice and Order -Hearing Examiner Appeal A Any Notice of Violation and Order to Correct or Cease Activity issued by the Code Enforcement Officer and affirmed or modified by the Community Development Director or designee or decision of the Community Development Director or designee regarding compliance with any Notice of Violation and Order to Correct or Cease Activity shall be appealable to the Hearing Examiner by filing a written notice of appeal with the City Clerk within fourteen (14 calendar days after the date of mailing of the Community Development Director's or designee's written decision. The appeal must be accompanied by a filing fee in the amount established by the City's fee resolution. which is refundable if the appellant prevails on the appeal. B. Effect of Appeal. The timely filing of an appeal pursuant to this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the Hearing Examiner may impose a daily monetary penalty from the date of service of the notice and order if he or she finds that the appeal is frivolous or intended solely to delay compliance. C. Effect of Failure to Appeal. The violation shall be deemed committed. the notice and order shall become the final administrative order. and the monetary penalties assessed shall be immediately due and subject to collection if {a) no apReal is timely filed within the time limits set forth above after the notice and order was issued. or (b) an appeal was timely filed, but the appellant or his or her representative failed to appear at the hearing. 1.20.130 Administrative Notice and Order -Appeal -Hearing Examiner Hearing. A Date of Hearing. Within ten (10) days of the Clerk's receipt of the appeal, the Hearing Examiner shall set a public hearing for a date within forty-five (45) days of the Clerk's receipt of the appeal, unless a longer period is agreed to between the parties. B. Notice of Hearing. The Clerk shall cause a notice of the appeal hearing to be posted on the property that is the subject of the notice and order, and mailed to the appellant and the complainant, if not anonymous, at least ten ( 10) calendar days before the hearing. The notice shall contain the following: 1. The file number and a brief description of the matter being appealed; 2. A statement of the scope of the appeal, including a summary of the errors alleged and the findings and/or legal conclusions disputed in the appeal; 3. The date, time and place of the public hearing on the appeal; 4. A statement of who may participate in the appeal; and 5. A statement of how to participate in the appeal. C. Conduct of Hearing. The Hearing Examiner shall conduct the hearing on the appeal pursuant to Chapter 18.80 MLMC and the rules of procedure of the Hearing Examiner. 1.20.140 Administrative Notice and Order -Appeal -Hearing Examiner Decision A The Hearing Examiner shall determine whether the City has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable and shall affirm, vacate, or modify the City's decisions regarding the alleged violation and/or the required corrective action, with or without written conditions. B. The Hearing Examiner shall issue an order to the person responsible for the violation which contains the following information: 1. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision; 2. The required corrective action; 3. The date by which the correction must be completed; 4. The monetary penalties assessed based on the provisions of this chapter; 5. The date after which the City may proceed with abatement of the unlawful condition if the required correction is not completed. C. Assessment of Monetary Penalty. Monetary penalties assessed by the Hearing Examiner shall be in accordance with the monetary penalty schedule in MLMC 1.20.110(6). D. Abatement. Where action to abate the violation is required, the hearing examiner shall give substantial weight to the City's determination regarding the nature of any such action required, and whether such action has been satisfactorily performed. E. Notice of Decision. The hearing examiner shall mail a copy of the decision, including findings of fact, conclusions, and order, to the applicable department director within fourteen (14) working days of the hearing. The City shall forward a copy of the decision to the appellant no later than two (2) working days after its receipt of the decision. F. Judicial Review. Judicial review of a decision by the Hearing Examiner may be sought by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the Land Use Petition Act, Chapter 36. 70C RCW, if applicable, or other applicable authority, if any, if the petition or complaint seeking review is filed and served on all parties within twenty-one (21) days of the date of the decision. For purposes of his section, "aggrieved or adversely affected" shall have the meaning set forth in RCW 36.?0C.060(2). G. Effect of Decision. If judicial review is not obtained, the decision of the Hearing Examiner shall constitute the final decision of the City, and the failure to comply with the decision of the Hearing Examiner shall constitute a civil violation punishable by a fine of not more than five thousand dollars ($5,000). In addition to civil penalties pursuant to this subsection, the City may pursue collection and abatement as provided in this chapter. 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 and signed by its Mayor on Todd Voth, Mayor ATTEST: Ronald R. Cone, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney