02142012Part2February 6, 2012
City Council
City of Moses Lake
PO Box 1579
Moses Lake, VVA 98837
Dear City Council Members,
p(Pl p u ~w _MUMS
MOSES LAKE
BUSINESS ASSOCIATION
Thank you so much for allowing us to host our first annual Basin BBQ Bash last year on September 24th.
VVe had so much positive feedback from the community and the participants that we would like to make
it into a two day event this year, September 22 and 23rd. It is a BBQ Competition in connection with the
Pacific Northwest BBQ Association (PNVVBA). There will be about 25 teams competing for a $5,000
purse and points that allow them to compete at national events. The public will be invited to attend and
can purchase tickets to sample the BBQ from the some of the teams.
VVe are requesting:
1. permission to close Third Avenue from Alder Street and the 200 and 300 blocks of S Ash Street
from Saturday, September 220d, from 8 am -Sunday, September 23'd at 6 pm.
a. VVe would not close any of the cross streets except Ash Street.
b. VVe would keep a fire lane available in the 100 E and 100 VV blocks ofThird Ave as per
conversations with Chief Tom Taylor and Chief Dean Mitchell.
2. permission to close Third Avenue from Beech Street to Cedar Street from 8 am - 6 pm daily but
not overnight.
3. permission to use Sinkiuse Square both days for the purpose of entertainment and judging. I
have checked with the Park and Recreation calendar and this date is available.
4. permission to allow a non-profit group to host a beer garden in the 300 block of Ash Street for
the public as we did last year.
5. permission to allow the discharge of grey water into the City sewer system.
6. that the team members be allowed to stay in self-contained vehicles overnight in the Surf 'n
Slide parking lot as this is close in proximity to their cooking set up on Third Avenue.
Thank you very much for your consideration.
Have a GREAT day!
Marianne Kirwan
Executive Director
" ~ -.. ;. . . . .:: .e., ' .• _ . _ .. I •• -•• .. . -. .
February 9,2012
TO: City Manager for Council Consideration
FROM: Municipal Services Director
SUBJECT: Ordinance -Create Chapter 13.05 -Wastewater Regulations - 2
nd Reading
Attached is an ordinance that creates Moses Lake Municipal Code 13.05 , entitled
"Wastewater Regulations", and deletes Moses Lake Municipal "Code 13.04 , entitled
"Sewer Regulations". Staff proposes to re-codify Chapter 13.04 since a large portion has
been reorganized . The purpose of the changes is to update the nomenclature, and
streamline the verbiage to make this chapter more efficient for the public and staff.
The ordinance is presented for Council consideration. This is the second reading of the
ordinance.
Respectfully sUbmitte~
G::'~~ ~
Municipal Services Director
GH:jt
ORDINANCE NO. 2642
AN ORDINANCE CREATING CHAPTER 13.05 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "WASTEWATER REGULATIONS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 13.04 of the Moses Lake Municipal Code entitled "Sewer Regulations" is deleted in its
entirety.
Section 2. Chapter 13.05 of the Moses Lake Municipal Code entitled "Wastewater Regulations" is created
as follows:
13.05.010 Purpose: The purpose of this chapter is to set forth uniform requirements for discharges into the
City of Moses Lake's POTW and to enable the City to protect public health in conformity with all
applicable local, state and federal laws.
13.05.020 Abbreviations: The following abbreviations, when used in this Chapter, shall have the designated
meaning:
A. BOD
B. FOG
C. mg/L
D. POTW
E. TDS
F. TSS
Biochemical Oxygen Demand.
Fats, Oil, and Grease.
Milligrams per liter, generally interchangeable with parts per million in water
treatment calculations.
Publicly Owned Treatment Works.
Total Dissolved Solids.
Total Suspended Solids.
13.05.030 Definitions: Unless the context specifically indicates otherwise, the meaning of terms used in
the chapter shall be as provided in this section:
A. "BOD" means the quantity of oxygen utilized in the biochemical oxidation of organic matter
under standard laboratory procedures during five (5) days at 20· Celsius, usually expressed
as a concentration of mg/L.
B. "Building Sewer" means the sewer service line beginning two feet from the edge of the building
and ending at the POTW's sewer main.
C. "Dangerous Waste" is defined in WAC 173-303-040.
D. "Domestic Wastewater" means water that carries human wastes, including toilet, kitchen, bath,
and laundry wastes.
E. "FOG" means polar and non-polar fats, oil, and grease that originate from animals, vegetables,
petroleum, nonbiodegradable cutting oil, and mineral oil.
F. "Forcemain" means a sanitary sewer main that is pressurized by a POTW lift station, or a
sanitary sewer main that is pressurized by commercial or industrial users.
G. "Garbage" means solid wastes from the preparation, cooking, and dispensing of food, and
from the handling, storage, and sale of produce.
H. "Industrial User" means a person that discharges industrial wastewater to the POTW.
I. "Industrial Wastewater" means water or liquid that carries waste from industrial or commercial
businesses. Apartment buildings containing three or more dwellings are considered a
commercial business.
J. "Interference" means a discharge alone or in conjunction with discharges by other sources that
inhibits or disrupts the POTW, or the POTW's treatment operation, or biosolids processes,
or that causes a violation of any requirement of the City's state waste discharge permit.
K. "May" means permissive as allowed by the City Manager, City Council, Municipal Services
Director, or the Department of Ecology.
L. "Medical Waste" means isolation wastes, infectious agents, blood, blood products, pathological
wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated
laboratory wastes, and dialysis wastes.
M. "Municipal Services Directo~' is the director who is responsible to the City Manager for
management of the Public Works and Engineering Divisions, the supervision of departmental
employees, and for the effective administration, construction, and development of public
works, engineering, and related public facilities. The Municipal Services Director may
designate representatives to assist in the performance of these duties.
N. "Natural Outlet" means any outlet into a watercourse, pond, ditch, lake, or other body of
surface water or groundwater.
O. "Owne~' means any part owner, joint owner, tenant in common, joint tenant, tenant by the
entirety, of the whole, or a part of such building or land.
P. "Pass Through" means a discharge that exits the POTW into waters of the United States in
quantities or concentrations, alone or in conjunction with a discharge or discharges from other
sources that creates a violation of any requirement of the City's state waste discharge permit.
Q. "Person" means any individual, firm, company, association, society, corporation, or group.
R. "pH" means a measurement of the acidity or alkalinity of a solution, expressed in standard
units.
S. "POTW" means the city owned system of gravity mains, force mains, pump stations, and
wastewater treatment plants that convey and treat wastewater.
T. "Pretreatment Standards" means general discharge prohibitions, City's specific limitations on
discharge, State standards, or the National Categorical Pretreatment Standards for any
specific pollutant, whichever standard is most stringent.
U. "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in industrial wastewater prior to or in lieu
of introducing such pollutants into the POTW. This reduction, elimination, or alteration can be
obtained by physical, chemical, or biological processes; by process changes; or by other
means. Diluting the concentration of the pollutants is only allowed by an applicable
pretreatment standard.
v. "Stormwater" means precipitation, groundwater, surface water, roof runoff, or subsurface
drainage.
W. "Shall" means a mandatory requirement.
x. "Significant Industrial User" means an industrial or commercial user that meets one or more
of the following criteria:
1. Subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter
I, subchapter N.
2. Discharges an average of25,000 gallons per day or more of industrial
the POTW.
wastewater to
3. Discharges industrial wastewater that exceeds 5 percent of the average dry weather
hydraulic or organic capacity of the POTW treatment plant.
4. The Department of Ecology determines that the industrial user has a reasonable potential
for adversely affecting the POTW's operation or for violating pretreatment standards or
requirements in accordance with 40 CFR.8(f)(6).
Y. "Slug Discharge" means any discharge at a flow rate or concentration that could cause a
violation of this chapter, and any discharge not of a routine, regular, or episodic nature.
z. "Total Dissolved Solids" means the portion of total solids in water or wastewater that passes
through a specific filter.
M. "Total Suspended Solids" means the portion of total solids that are floating or suspended in
water, or wastewater; and that are removable by laboratory filtering.
BB. "User" means a person that is responsible for discharging wastewater to the POTW.
CC. "Wastewater" means domestic wastewater or industrial wastewater.
DO. "Waste Discharge Permit" means a permit required for every significant industrial user granting
the privilege of discharging their industrial wastewater into the POTW.
13.05.040 Discharge of Wastewater into Natural Outlets: It is unlawful to discharge wastewater into any natural
outlet.
13.05 .050 Use of Privies and Septic Tanks: Except as permitted by the Grant County Health District, it is
unlawful to construct any privy, privy vault, septic tank, cesspool, or other facility intended to be used
for the disposal of wastewater.
13.05.060 Private Wastewater Systems:
A. Septic tanks and alternative onsite disposal systems are prohibited for new subdivisions, except
in heavy industrial zones where sewer treatment systems and onsite disposal systems may be
allowed by City Council.
B. Wastewater systems including mains, manholes, lift stations and their appurtenances located
in private streets, binding site plans and on private property shall be privately owned.
C. The construction plans for the installation of privately owned wastewater systems that discharge
to the POTW shall be in compliance with the requirements of the Street and Utility Construction
Standards, and shall be approved by the Municipal Services Director prior to construction.
Furthermore, the Municipal Services Director will observe the installation of the wastewater
system. The engineer of record shall inspect and direct the contractor to assure that the
installation complies with the approved plans and specifications.
13.05.070 Prohibited Wastes: Except as provided in this chapter, no person shall discharge wastewater to the
POTW that contains the following characteristics:
A. A Temperature greater than 104'F.
B. A FOG concentration greater than 100 mg/L.
C Substances that can solidify or become discernibly viscous at temperatures greater than 32'F.
D. Pollutants that could create a fire or explosive hazard in the POTW, alone or by interaction,
including waste streams with a closed-cup flashpoint of less than 140'F using the test methods
specified in 40 CFR 261 .21 ,40 CFR 403.5(b)(1), or are capable of creating a public nuisance
per WAC 173-216-060(2)(b)(ii).
E. Solids or viscous substances that could cause an obstruction, pass through, or any other
interference with the operation of the POTW.
F. A pH less than 6.0 or greater than 11 .0.
G. Corrosive properties capable of causing damage or that are hazardous to POTW structures,
equipment, or maintenance personnel.
H. Dangerous wastes.
I. Toxic or poisonous substances in sufficient quantity to interfere with any POTW processes, or
constitute a hazard to humans, animals or the receiving waters of the POTW.
J . Noxious or malodorous gases or substances capable of creating a public nuisance.
K. A five (5) day BOD concentration greater than three hundred (300) mg/L.
L. A TSS concentration greater than three hundred and fifty (350) mg/L.
M. Unacceptable amounts oITDS that could cause an interference with the normal operation of the
POTW. Limitations for TDS will be set after the Department of Ecology and the City review the
engineering reports from the prospective discharger, and investigate alternatives to reduce TDS
in the wastewater.
N. A greater color than 15 color units.
O. Stormwater.
P. High volumes of wastewater with a low BOD per volume ratio that could adversely affect the
treatment plants' process capabilities.
Q. Swimming pool water.
13.05.080 Dangerous Wastes: The owner shall notify the Municipal Services Director, and the Department of
Ecology, Eastern Region Dangerous Waste Unit, upon discovery of a discharge of dangerous waste
to the POTW. The notification shall include the following:
A. The contact person with phone number.
B. The location and time.
C. The name of the dangerous waste as set forth in Chapter 173-303 WAC.
D. The dangerous waste number.
E. The type of discharge (continuous, batch, or other).
13.05.090 Significant Industrial Users: All significant industrial users shall obtain a waste discharge permit
from the Department of Ecology and from the City prior to discharging industrial wastewater to the
POTW.
13.05.100 Control Manholes: The Municipal Services Director may require an industrial user to install a
suitable control manhole on the building sewer to facilitate observation, sampling, and measurement
of the wastewater. Such manhole shall be accessible, safely located, and constructed in accordance
with plans approved by the Municipal Services Director. The manhole shall be installed by the
industrial user at the industrial user's expense, shall be maintained by the industrial user, and shall
be safe and accessible at all times.
13.05.1 10 Tests and Analyses: All measurements, tests, and analyses of the characteristics of wastewater shall
be performed in accordance with the Standard Methods for the Examination of Water and
Wastewater by a Department of Ecology accredited laboratory. The samples shall be taken at the
control manhole, when installed. When a specific control manhole is not required, the sample location
shall be taken at the nearest downstream manhole in the POTW. When requested by the Municipal
Services Director, a user shall submit information on the nature and characteristic of its wastewater
to assure full compliance with this chapter. Samples taken to meet the requirements of this chapter
shall be representative of the volume and nature of the test parameters, including representative
sampling of any unusual discharge or discharge condition. All costs associated with testing and
analyses shall be borne by the user.
13.05.120 Waste Discharge Permit: Statements contained in this chapter shall not be construed as preventing
any waste discharge permit between the City Council, Department of Ecology, and an industrial user,
whereby the wastewater of unusual strength or character may be approved by the City Council and
the Department of Ecology for treatment, which may be subject to conditions.
13.05.130 Discharge to the POTW Without Physical Connection: Approval to discharge wastewater to the
POTW without a physical connection to the POTW may be granted by the City Council provided the
discharge shall not have any deleterious or damaging effects on the health and welfare of the City's
residents, and that the discharge will be in the City's best interests. No wastewater shall be
discharged in such a manner until the user receives a letter from the City stating that the City Council
approved the request. Approval letters should include the following information:
A. The payment rate.
B. The limitations on the quantity and quality of the wastewater.
C. A statement that "the approval is terminable by the City Council within thirty (30) days of written
notice by the City to the user."
D. The location and method that the wastewater is allowed to be discharged to the POTW.
E. The periodic testing requirements of the wastewater.
13.05.140 Connection to the POTW Outside of the Corporate Limits: No connection shall be allowed unless
authorized by the City Council. The authorization to discharge wastewater to the POTW shall include
the requirement of the property owner to execute an ex1raterritorial utility ex1ension agreement upon
forms prepared by the City, unless the City Council enters into the record a finding that the property
owner is incapable of executing such an agreement, as distinguished from the property owner's
reluctance to execute the agreement. As a condition of approval, all building sewers and mains are
subject to review and approval by the Municipal Services Director.
13.05 .150 Requirement to Connect to the POTW: The owner of all houses, buildings, or properties used for
human occupancy, employment, recreation , or other purpose, situated within two hundred feet (200')
of the POTW, is required althe owner's expense to connect such facilities directly to the POTWwithin
six (6) months after the date of official notice to do so. Provided that, the connection shall not be
required if the cost of making the connection, including system development charges, exceeds ten
thousand dollars ($10,000). The owner shall submit a detailed cost estimate to the Mun icipal
Services Director for review. The determination of the cost of making the connection shall be made
by the Municipal Services Director. The owner can appeal the decision to the City Council within ten
(10) days of the decision of the Municipal Services Director. The decision of the City Council shall
be final. Furthermore, if the owner is not required to make a connection because of cost, at such time
as the septic system fails, either the tank or the drain field , the connection to the City's sewer system
shall be required and made.
13.05.160 Wastewater Industrial User Survey: When requested by the City, owners of all commercial and
industrial facilities that discharge or plan to discharge wastewater to the POTW shall complete a
Wastewater Industrial User Survey on forms supplied by the City. The Wastewater Supervisor shall
determine if the Industrial User Survey form is complete.
13.05.170 Permit Requirements:
A. A Street and Utility Construction Permit is required and shall be obtained before uncovering,
connecting to, opening into, altering, or disturbing any municipal improvement.
B. A waste discharge permit is required and shall be obtained from the City and the Department of
Ecology before a significant industrial user discharges wastewater into the POTW.
C. A plumbing permit is required and shall be obtained before a building sewer is installed, except
for building sewers that are installed outside of the City's corporate limits.
13.05.180 Discharge to the POTW: The following items are required to be completed, when applicable, prior
to discharging to the POTW:
A. Application forms:
1. Utility Service Request -Engineering Division.
2. Request for Utility Service -Finance Department.
B. Fees are paid:
1. Utility service charge -Finance Department.
2. System development charges listed in MLMC 3.62 -Engineering Division.
3. Private reimbursement fees -Engineering Division.
4. Reimbursement fees listed in MLMC 13.08 -Engineering Division .
5. Waste Discharge Permit fees listed in MLMC 3.54 -Operations Division.
C. The wastewater improvements that are being dedicated to the City have been completed and
accepted by the City.
D. An extraterritorial agreement is recorded at the Grant County Auditor's Office.
E. The waste discharge permits are approved by the City and the Department of Ecology.
F. A Wastewater Industrial User Survey has been submitted to the Wastewater Division Supervisor
that is deemed to be complete.
13.05.190 Building Sewers: All costs and expenses incident to the installation and connection to the POTW
shall be borne by the owner. The property owner shall indemnify the City from loss or damage that
is directly or indirectly occasioned by the connection of the building sewer to the POTW.
New buildings may only connect to existing building sewers when the building sewer meets all
requirements of this chapter and the Washington State adopted International Building Code.
13.05.200 Separate Building Sewers: A separate and independent building sewer shall be provided for every
building and subdivided lot, each with separate connection to the POTW, with the following
exceptions:
A. When separate buildings are an integral part of a single business or industry and are located on
the same lot.
B. When separate buildings are under the same ownership and located on the same lot.
C. When buildings are located within a binding site plan and the buildings are connected to a private
sewer main.
D. When buildings are located within a planned development district zone and the buildings are
connected to a private sewer main.
13.05.210 Connection to Force Mains: The Municipal Service Director may allow property owners to connect to
a POTW force main. A valve shall be installed on the property owner's service line at the tee on the
city-owned main. Furthermore, all wastewater that contains solids must pass though a septic tank
prior to being pumped into the POTW's force main.
13.05.220 Sewer Main Grades: All new sewer mains shall be installed at the minimum grade per the current
edition of the Department of Ecology's publication Criteria for Sewage Design (Orange Book). The
Municipal Services Director may approve a steeper grade if the gravity sewer service to future
developments will not be impacted.
13.05.230 Community Street and Utility Standards: Construction for the installation and repairs of municipal
and privately owned wastewater systems that discharge to the POTW shall meet the requirements
of the Community Street and Utility Standards.
13.05.240 Ownership: The limits of ownership for mains and building sewers that are located within the City's
right-of-way and municipal easements are defined below.
A. City-Owned Mains: The City shall have ownership of the sewer mains and appurtenances,
provided that they have been accepted by the City Council.
B. Privately Owned Mains: Property owners shall retain ownership for sewer mains and
appurtenances that only serve their property. The property owner's sewer main shall include all
its pipe and appurtenances up to the point of connection to a city-owned sewer main, including
the wye, tee, or other connecting device to a City-owned sewer main, but does not include the
manhole that is installed on a city-owned sewer main; and where a valve is installed to a tee on
a city-owned pressure sewer main, the City shall own the tee and valve, and the owner shall retain
ownership of all pipe and appurtenances upstream of the city-owned valve.
C. Gravity Building Sewers: Property owners shall retain ownership for gravity building sewers, up
to and including the wye, tee, or other connecting appurtenance on a city-owned sewer main.
D. Pressurized Building Sewers: Property owners shall retain ownership for pressurized building
sewers up to and including the wye, tee, or other connecting device to a city-owned sewer main;
except that, if a valve is installed to a tee on a city-owned sewer main, the City shall own the tee
and valve and the owner shall retain ownership of all pipe and appurtenances upstream of the city-
owned valve.
13.05.250 Notice to Cease Violation: Any person found to be violating any provision of this chapter shall be
served by the City with a Notice of Violation and Order to Correct or Cease Activity as provided in
Chapter 1.20 issued by the Municipal Services Director. The offender shall permanently cease all
violations within the period of time stated in such notice.
13.05.260 Penalties for Continued Violation: Failure or refusal to comply with the Notice and Order provided in
this chapter shall constitute grounds for discontinuing water and sewer service to the premises until
the Municipal Services Director determines that such requirements have been satisfactorily met.
13.05.270 Liability for Expense or Damage:
A. Damage resulting from an accident or from unauthorized or improper use of the POTW shall
become an obligation against the person causing such damage.
B. Additionally, any person violating any of the provisions of this chapter shall become liable to the
City for any expense, loss, or damage occasioned to the City by reason of such violation. The City
shall be compensated for such loss within thirty (30) days of notification to the violator of the costs.
If not satisfied by that time, the costs shall be filed as a lien against the property.
Section 3. This ordinance shall take effect and be in force five (5) days after its passage and publication of its
summary as provided by law.
Adopted by the City Council and signed by its Mayor on February 14, 2012.
Bill Ecret, Mayor
ATTEST:
Ronald R. Cone, Finance Director
APPROVED AS TO FORM:
Katherine L. Kenison, City Attorney
February 1, 2012
TO: City Manager for Council Consideration
FROM: Gary G. Harer, Municipal Services Director
SUBJECT: Ordinance -Recreational Vehicle Parks - 1
st Reading
Attached is an ordinance that updates Moses Lake Municipal Code Chapter 18.71,
Recreational Vehicle Parks, which references the new Chapter 13.05, Wastewater
Regulations.
This is the first reading of the ordinance. The ordinance is presented for Council
consideration .
R"p'ctful~ ,"bmm", \\ G:: =::\~ Mt\
Municipal Services Director
GGH:jt
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18.71 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "RECREATIONAL VEHICLE PARKS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 18.71 ofthe Moses Lake Municipal Code entitled "Recreational Vehicle Parks" is amended
as follows:
18.71.060 Recreational Vehicle Park Development: A recreational vehicle park shall be developed according
to the requirements of this chapter and upon:
A. Planning Commission approval of a conditional use permit per Chapter 18.51 of the Moses
Lake Municipal Code entitled "Conditional and Unmentioned Uses."
B. Planning Commission site plan approval per Moses Lake Municipal Code Chapter 18.49
entitled "Site Plans," in conformance with applicable requirements in this chapter.
C. Binding site plan application, review, and approval according to Chapter 17.18 of the Moses
Lake Municipal Code entitled "Binding Site Plan."
D. Conformance with the City of Moses Lake Shorelines Management Master Plan, the Shoreline
Management Act of 1971 (Chapter 90.58 RCW), and Shoreline Management Permit and
Enforcement Procedures (Chapter 173-27 WAC), if within shoreline management jurisdiction
E. Compliance with Title 16 of the Moses Lake Municipal Code entitled "Buildings and
Construction," particularly Appendix E of the State Plumbing Code entitled
"Manufactured/Mobile Home Parks and Recreational Vehicle Parks," Chapter 13.05 +3:-B4 of
Moses Lake Municipal Code entitled "Sewer Wastewater Regulations," Chapter 13.08 of
Moses Lake Municipal Code entitled "Water and Sewer Connections," and all other relevant
development codes, standards, and ordinances.
F. Conformance with Moses Lake Municipal Code Chapters 19.03 and 19.06 regarding the
protection and conservation of resource lands and critical areas, including wetlands.
G. Consistency with the City of Moses Lake Comprehensive Plan.
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 February 14, 2011 .
Bill J. Ecret, Mayor
ATTEST:
Ronald R. Cone, Finance Director
APPROVED AS TO FORM:
Katherine L. Kenison, City Attorney
February 1,2012
TO: City Manager
For City Council Consideration
FROM: Municipal Services Director
SUBJECT: Resolution -Adopt NACTO Urban -Bikeway Design Guide
The attached resolution adopts the National Association of City Transportation Officials
(NACTO) Urban Bikeway Design as a guide. This document offers many examples for marking
and constructing bike lanes and sharrows, and other methods to enhance the usage of alternate
transportation systems.
This request is presented for Council consideration.
Respectfully Submitted, ~
G::,:l ~ ~
Municipal Services Director
RESOLUTION NO. 3276
A RESOLUTION ACCEPTING THE NATIONAL ASSOCIATION OF CITY
TRANSPORTATION OFFICIALS (NACTO) URBAN BIKEWAY DESIGN GUIDE
Recitals:
1. The purpose of the National Association of City Transportation Officials (NACTO)
Urban Bikeway Design Guide is to provide cities with the state of the art practice
solutions that can help create complete streets that are safe and enjoyable for bicyclists.
2. The NACTO Urban Bikeway Design Guide offers alternative designs that are unique for
urban street bikeways.
3. The City of Moses Lake strives to add bikeways to its transportation system.
Resolved:
I. The City of Moses Lake adopts the NACTO Urban Bikeway Design Guide as a guide for
future bikeways in the City.
ADOPTED by the City Council on February 14'" 2012.
Bill Ecret, Mayor
ATTEST:
Ronald R. Cone, Finance Director
November 4, 20 II
TO: Planning Commission
SUBJECT: NACTO Urban Bikeway Design Guide
The Moses Lake Trails Planning Team is requesting that the Planning Commission recommend
to the City Council that the NACTO Urban Bikeway Design Guide be adopted as a reference
for the construction and development of urban bikeways within the city limits of Moses Lake.
Background Information
Trails Planning Team
In 2001, the City of Moses Lake was selected to pilot a program promoting physical activity and
good nutrition to prevent obesity and chronic diseases that are associated with obesity. "Healthy
Communities-Moses Lake" was formed with assistance from the National Center for Disease
Control, Washington State Department of Health, National Park Service, and the University of
Washington. The Trails Planning Team (TPT) was formed as a result of the Healthy
Communities Project.
TPT is a working partnership of citizen volunteers, City of Moses Lake staff, community groups
and agencies that meets monthly and is committed to the goal of fulfilling the TPT vision-to
create "A network of linked paths that are used throughout the greater Moses Lake area for
exercise, recreation, transportation, and tourism to promote healthier lifestyles for the
community.
NACTO Urban Bikeway Design Guide
NACTO stands for National Association of City Transportation Officials. The NACTO guide is
based on the experience of the best cycling cities in the world. The designs were developed by
cities for cities, since unique urban streets require innovative solutions.
To create the Guide, the authors of the NACTO conducted an extensive worldwide literature
search from design guidelines and real-life experience. They have worked closely with urban
bikeway planning professionals from NACTO member cities, as well as traffic engineers,
planners, and academics with deep experience in urban bikeway applications.
The NACTO guide will be updated regularly and have an extensive website that will include
engineered drawings, three-dimensional renderings and images of the various design treatments,
as well as a discussion area where professionals can exchange information.
Purpose
The purpose of the NACTO Urban Bikeway Design Guide is to provide cities with state-of-the-
practice solutions that can help create complete streets that are safe and enjoyable for bicyclists.
The NACTO Urban Bikeway Design Guide is intended to help practitioners make good decisions
about urban bikeway design. The treatments outlined in the Guide are based on real-life
experience in the world's most bicycle friendly cities and have been selected because of their
utility in helping cities meet their goals related to bicycle transportation.
Research has shown again and again that the number one reason people do not ride bicycles is
because they are afraid to be in the roadway on a bicycle. They fall into a category that is
sometimes referred to as "interested but concerned". They are generally not afraid of other
cyclists, or pedestrians, or of injuring themselves in a bicycle-only crash. When they say they are
"afraid" it is a fear of people driving automobiles. Riding a bicycle should not require bravery.
Yet, all too often, this is the perception among cyclist and non-cyclist alike. The NACTO guide
provides proven treatments and solutions to decrease the fear and increase the safety of cyclists.
Comprehensive Plan Goals
1. Goal I: The City'S transportation system should promote mobility for Moses
Lake's citizens and workers by providing a range of transportation alternatives.
The transportation system should emphasize facilities and services which support
and encourage transit, ride sharing, bicycling, and walking as alternatives to the
use of the automobile.
2. Goal 9: The City shall promote the use of bicycle and pedestrian transportation as
viable alternatives to motorized transportation.
Staff Recommendation: Staff recommends that the Planning Commission approve the request
from the Trails Planning Team.
Action: The Planning Commission should consider this request and approve, conditionally
approve, or deny it.
Respectfully Submitted
Daniel Leavitt
Assistant Planner
February 9, 2012
TO:
FROM:
RE:
City Manager
For Council Consideration
Municipal Services Director
Request To Call For Bids
Floating Boat Dock
Staff has completed the specifications to purchase a floating boat dock system to replace the one in
Cascade Valley Park that is near the camping sites. The estimated cost is $60,000.
Staff is requesting authorization to advertise this purchase for bids.
~lYS"~\\~
Gary Har:.lLs
Municipal Services Director
MOSES LAKE CITY COUNCIL DRAFT
February 6,2012
Honorable Mayor and
Moses Lake City Council
Dear Council Membern
C IT T O f
HOSES LAKE
Attached is a proposed 2012 Municipal Services Agreement presented by the Grant
County Economic Development Council. In this agreement the Council asks the City to
pay $40,000, which is the same as in 2011.
The proposed agreement is presented for the Council's consideration .
JKG:jt
City Manager 764-3701 • City Attorney 764-3703 . Community Development 764-3750 . Finance 764-3717 . Fire 765-2204
Municipal Sen'ices 764-3783 . Municipal Court 764-3701 • Parks & Recreation 764-3805 . Police 764-3887 . Fax 764-3739
401 S Balsam St. • P.O. Box 1579 . Moses Lake, WA 98837-0224 . www.cityofml.com
Grant County Economic Development Council
2012 MUNICIPAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day by and between the City of Moses Lake, a
municipal corporation hereinafter referred to as the "MUNICIPALITY", and Grant County
Economic Development Council, hereinafter referred to as the "AGENCY".
THEREFORE, it is hereby covenanted and agreed as follows:
WHEREAS, the MUNICIPALITY desires to have certain services performed as hereinafter set
forth requiring specialized skills and other supported capabilities; and
WHEREAS, the AGENCY represents that it is qualified and possesses sufficient skills and the
necessary capabilities, including technical and professional expertise where required, to perform
the services set forth in this contract;
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance
contained herein, the parties hereto agree as follows:
I. SERVICES
The AGENCY shall provide the MUNICIPALITY improved coordination and
effectiveness of federal, state, local and other program services and actions affecting the
local economy by facilitating the planning, development and sponsorship of educational
workshops and seminars aimed at assisting and improving operations and finances of
existing business, agriculture and local governments. The AGENCY shall provide
research and consultation services as necessary and as they are able to aid the
MUNICIPALITY in the planning and development of new and expanded programs,
services, facilities, utilities and properties.
The AGENCY shall provide consultation and assistance as necessary and as they are
able in developing proposals for prospective commercial and industrial clients. The
AGENCY shall also provide a comprehensive marketing package, including brochures,
web page, targeted advertising and direct mail programs aimed at highlighting
agriculture, commerce and industry, energy resources, education, recreation, tourism, and
the quality-of-life in Grant County.
II. REPORTING REQUIREMENTS
The AGENCY shall submit periodic reports as required by the MUNICIPALITY,
which shall include, but not be limited to, a fiscal year revenue and expenditure report,
and final annual evaluation report.
III. DURATION OF AGREEMENT
The terms of this Agreement and the performance of the AGENCY shall commence
upon execution of this Agreement and terminate December 31, 2012. The Agreement
may be extended or terminated upon mutual agreement between the parties hereto and
pursuant to the terms and conditions of this Agreement.
IV. COMPENSATION AND METHOD OF PAYMENT
The MUNICIPALITY shall reimburse the AGENCY for the services performed under
this Agreement in the amount of $40,000.00, payable within sixty (60) days of invoicing.
V. NOTICES
Written notices to each party shall be sent to the following addresses: Grant County
Economic Development Council, 6594 Patton Boulevard Northeast, Moses Lake, W A
98837, and to the City of Moses Lake, PO Box 1579, Moses Lake, WA 98837.
VI. ESTABLISHMENT AND MAINTENANCE OF RECORDS
The AGENCY agrees to maintain books and records, and document accounting
procedures, which accurately reflect all direct and indirect costs, related to the
performance of this Agreement. The AGENCY shall retain all books, records,
documents, and other material relevant to this Agreement for three (3) years after its
expiration.
The AGENCY agrees that the MUNICIPALITY, or its designated agent, shall have full
access and right to examine any of said materials at all reasonable times during said
period. The AGENCY agrees to the established guidelines requiring that a "Single
Audit" be conducted for federal funds received in excess of $25,000.00
VII. COMPLIANCE WITH LAWS
The AGENCY, in performance of this Agreement, agrees to comply with all applicable
federal, state and local laws or ordinances, including standards for licensing, certification,
and operation of facilities, programs, and accreditation, and licensing of individuals and
any other standards or criteria as described in this Agreement to assure quality of
services.
VIII. NON-DISCRIMINATION IN EMPLOYMENT
The AGENCY agrees that it shall not discriminate against any employee or applicant on
the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the
presence of any sensory, mental or physical handicap; provided that the prohibition
against discrimination in employment because of handicap shall not apply if the
particular disability prevents the proper performance of the particular worker involved.
The AGENCY shall insure that applicants are employed and that employees are treated
during employment without discrimination because of their race, creed, color, religion,
national origin, sex, marital status, age, or the presence of any sensory, mental or physical
handicap. Such action shall include but not be limited to: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates
of payor other forms of compensation and programs for training including
apprenticeships.
The AGENCY shall take such action with respect to this contract as may be required to
ensure full compliance with Chapter 49.60 RCW and applicable federal laws and
regulation.
IX. NON-DISCRIMINATION IN CLIENT SERVICES
A. The AGENCY shall not discriminate, on the grounds of race, creed, color, religion,
national origin, sex, marital status, age, or the presence of any sensory, mental of
physical disability;
(1) Deny any individual any services or other benefits provided this Agreement;
(2) Provide any services or other benefits to any individual which are different, or
are provided in a different manner, from those provided to others under this
Agreement;
(3) Subject an individual to segregation or separate treatment in a manner related to
his/her receipt of any services or other benefits provided under this Agreement;
(4) Deny any individual an opportunity to participate in any program provided by
this Agreement through the provision of services or otherwise, or will afford
himlher opportunity to do so, which is different from that afforded to others
under this Agreement;
(5) The AGENCY, in determining (a) the types of services or other benefits to be
provided, or (b) the class of individuals to whom, or the situation in which, such
services or other benefits will be provided, or ( c) the class of individuals to be
afforded an opportunity to participate in any services or other benefits, will not
utilize criteria or methods of administration which have the discrimination
because of race, creed, color, religion, national origin, sex, marital status, age,
or the presence of any sensory, mental or physical handicap or have the effect
of defeating or substantially impairing accomplishment of the objective of this
Agreement, with respect to individuals of a particular race, creed, color,
religion, national origin, sex, marital status, age, or the presence of any sensory,
mental or physical handicap.
B. The AGENCY shall take affirmative action to ensure that its facilities and programs
are accessible to people with sensory, mental, or physical handicaps.
X. INDEMNIFICATION/HOLD HARMLESS
All services to be rendered or performed under this Agreement shall be performed or
rendered entirely at the AGENCY'S own risk and the AGENCY expressly agrees to
indemnify and hold harmless the MUNICIPALITY and all of its officers, agents,
employees, or otherwise, from any and all liability, loss, or damage that them may suffer
as a result of claims, demands, actions, or damages to any and all persons or property,
costs or judgments against the MUNICIPALITY which result form, arise out of, or are
in any way connected with the services to be performed by the AGENCY under this
Agreement.
XI. TERMINATION
If the AGENCY fails to comply with the terms and conditions of the Agreement, the
MUNICIPALITY may pursue such remedies as are legally available including, but not
limited to, the suspension or termination ofthis Agreement.
XII. ENTIRE AGREEMENT
The parties agree that this Agreement is the complete expression of the terms hereto and
any oral representatives or understandings not incorporated herein are excluded. Further,
any modification of this Agreement shall be in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement executed this
J10 Day of J8f\Ud,'( , aOIa.. .
~g~~~~oanifBcCioJrnKo;m . c Development Council
./
Ron Cov(W .. ¥resldent
J
/
irector
IN WITNESS WHEREOF, the parties hereto have caused this Agreement executed this
__________ ~Dayof ____________________ , ________ .
MUNICIPALITY: City of Moses Lake
February 7, 2012
TO:
FROM:
SUBJECT:
City Manager
For City Council Consideration
Municipal Services Director
Request to Connect to City Utilities
Port of Moses Lake
Patrick Jones, Port of Moses Lake' Executive Director, requests permission to connect to the
City's water and sewer systems to serve a 12,000 square foot warehouse that is proposed to be
constructed at 6592 22nd Avenue, without annexing the property to the City. The city's water and
systems have adequate capacity. This parcel is within one-half mile ofthe city limits, and within
the City of Moses Lake's UGA. According to Resolution No. 2513 Section 3.B., the City
Council must determine that it is impractical for the property owner to annex this property before
approving his request.
If approved, the property owners will be required to sign an extraterritorial agreement.
This request is presented for Council consideration.
Respectfully Submitted, \\.
l::::t~ ~
Municipal Services Director
GRANT COUNTY INTERNATIONAL AIRPORT
Foreign Trade Zone #203
February I, 2012
Mr. Gary Harer
Director of Municipal Services
CITY OF MOSES LAKE
P.O. Box 1579
Moses Lake, WA 98837
Dear Mr. Harer:
7810 Andrews St . N.E., Su ite 200
Moses Lake, WA, USA 98837-3204
PHONE 509·762·5363
FAX 509·762·2713
E-1VIA1L info@portofmosesloke.com
WEB SITE www.portofmoseslake.com
The Port of Moses Lake is in the process of constructing a new cross dock warehouse facility
located at 6592 22nd Avenue NE, at the Grant County International Airport. The 12,500 square
foot building will not require a fire suppression system. The Port is requesting either a one (I) or
a one and one half (1.5) inch water line to connect to the existing six inch water line and a four
inch sewer line to connect to the existing ten inch sewer line. Both water and sewer lines will be
connecting to the City of Moses Lake's existing municipal system with no new construction
required.
With the Port connecting to city services, we understand the requirement for an Extraterritorial
Agreement between our two municipalities. This letter is initiating this agreement. If you have
any question, please call our office.
Patrick Jones
Executi ve Director
"Your Partner For Progress"
FEB 03 2012
iv1UN,CWAl Sr:RVICES DEPT
ENGINEERING .
CITY OF MOSES lAKE
Commissioners: MICHAEL B. CONLEY -DAVID "KENT" JONES -STROUD W. KUNKLE • Executive Director: PATRICK JONES
ADDRESS AND
ZONING MAP
2011
STREET
CjLOTS
CZZI NEW PARcc.LS
W$E
S
a 80 160
-=:J
Feet
COUNTY
INFO UPDATED
MAY20, 2011
~
Moses LAKe
February 7, 2012
TO:
FROM:
SUBJECT:
City Manager
For City Council Consideration
Municipal Services Director
Request to Connect to City Utilities
2165 Westshore Drive
Dick Deane requests permission to connect to the City's water and sewer systems to serve a
residential home located at 2165 Westshore Drive without annexing the property to the City.
The city's water and systems have adequate capacity. This parcel is within one-half mile of the
city limits, and within the City of Moses Lake's UGA. According to Resolution No. 2513
Section 3.B., the City Council must determine that it is impractical for the property owner to
annex this property before approving his request.
If approved, the property owners will be required to sign an extraterritorial agreement.
This request is presented for Council consideration.
Respectfully SUbmitted\\.
G:::l~ ~
Municipal Services Director
February 6, 2012
Gary Harer, Municipal Services Director
City of Moses Lake
POBox 1579
Moses Lake, WA 98837
Re: Residence located at 2165 Westshore Dr., Moses Lake, WA 98837
FEB 07 2012
i.AUNICI Pl.L S~~.JIC ES DEPT.
ENGINEERING
CITY OF MOSES LAKE
Legal Description: S100' of Tract 55 State Orchard Tract Replat. 59 AC (cale) Parcel Number 14/771001
Grant County
Dear Mr. Harer:
This past summer/fall (2011) my original home as a child which was built in 1946 and is presently a
rental started experiencing septic tank problems. I have for several years planned to request permission
from the city to connect when conditions changed. I have made arrangements with Mr. Eldin Broughton
of "Broughton Construction" to manage the project. He has successfully accomplished this task several
times on Westshore Drive in the past couple of years.
Based upon this information, I am requesting permission to connect to the force sewer main that runs
directly in front of the lot at 2165 Westshore, Moses Lake, WA. I am also requesting permission to
connect to the city water line that also runs directly in front of the property at a later date. I am willing
to sign the extra territorial utility extension agreement for both water and sewer when requested by the
city to do so .
Sidney Richard (Dick) Deane
,<Ii
I
t!) .
<11 l-l <11 i:::S
. ,0 I ",11=S:7:Ff);}?ii!) , ,-IIw >--<.
~
MAE_VAI.LEX. K(~ ....
<l ~. I I I ~ t----ll c:r-F.WA.D-1~9-Ns. I
r---II~ "'~. -----1
PARCEL:
OWNER:
ADDRESS:
NOTES:
2165 Westshore Drive
f City Limits
~ _ . .L.. _, __ -+
ADDRESS AND
ZONING MAP
2011
STREET STREETNAMEI
c:JLOTS
[Z2) NEW PARCELS IC.-:I CITY_UMITS
N Ii!l ~ I. COUNTY W . E INFO UPDATED
. .. MAY 20, 2011
.. ,'
S
0 240 480
Feet
' ~ _,"r /'-'1-,-" -&-
CorT ••
MOSES L"KE
....... H ~TOH
-BKP
~-2607
ClfY O f
HOSES LAKE
February 7,2012
TO: Council Members
FROM: Mayor Ecret
SUBJECT: Appointment -Airport Commission
Richard Pearce was the City's ex officio member on the Airport Commission. Since Mr.
Pearce chose not to run for re -election, another Council member will be needed to
serve as the ex officio member on the Airport Commission .
Please let me know by Monday, February 13 if you would be interested in serving as
the ex officio member on the Airport Commission. The appointment will be made at the
February 14 Council meeting.
jt
City Manager 764-3701 • City Attorney 764-3703 • Community Development 764-3750 • Finance 764-3717 • Fire 765-2204
Municipal Services 764-3783 • Municipal Court 764-370 I • Parks & Recreation 764-3805 • Police 764-3887 • Fax 764-3739
401 S Balsam SI. • P.O. Box 1579 • Moses Lake, WA 98837-0224 . www.cityofml.com
United States Department of the Interior
IN atl't.Y REn:R TO:
BUREAU OF INDIAN AFFAIRS
Northwest Regional Office
911 N.E. 1lth Avenue
Portland, Oregon 97232-4169
JAN 27 2012
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
The Honorable Bill Ecret
Mayor
City of Moses Lake
Post Office Box 1579
Moses Lake, Washington 98837
Dear Mayor Ecret:
~~
TAKE PRIDE
INAMERICA
This letter is to notify you that this Agency has under consideration an application for acquisition
of an off-reservation, 6.0-acre tract and I.O-acre tract by the United States of America to be held
in trust for the use and benefit of the Confederated Tribes of the Colville Reservation. The
Tribes' proposed use of the tract is for a Tribal Trails Travel Plaza. The legal descriptions of the
tracts are:
Parcel No. I: Tax Parcel No. 90384000:
Tract 65, Battery Orchard Tracts, according to the plat thereof recorded in Acreage plats,
Page 31 , records of Grant County, Washington, lying South ofWanapum Drive, excepting
that portion conveyed to the State of Washington by deed recorded August 28,1995,
under Auditor's File No. 950829028. .
Parcel No.2: Tax Parcel No. 90383010
Tract 64, Battery Orchard Tracts, according to the plat thereof recorded in Acreage plats,
Page 31, records of Grant County, Washington, lying South of Wanapum Drive, excepting
that portion conveyed to the State of Washington by deed recorded August 28, 1995,
under Auditor's File No. 950829028.
The determination to acquire or not to acquire this property in trust will be made in the exercise
of the Secretary of the Interior's discretionary authority. To assist the Secretary in the exercise
of that discretion, and pursuant to regulations in Title 25 , Code of Federal Regulations, Section
151.11, (a copy of which is enclosed), we invite your comments on the proposed acquisition. In
particular, information on the following is requested:
(I) The annual amount of property taxes currently "levied on the property.
(2) Any special assessments, and amounts thereof, which are currently assessed
against the property.
(3) Any governmental services which are currently provided to the property
by your jurisdiction.
Please address the information and comments to the Regional Director, Bureau ofIndian Affairs,
Northwest Regional Office, 911 Northeast 11th Avenue, Portland, Oregon 97232-4169. Any
comments received within 30 days of the date of receipt of this letter at the above address will be
considered.
Your comments will be made available to the applicant. You will be notified of the decision to
approve or deny the application.
A copy of the application, excluding any documentation exempted under the Freedom of
Information Act, is available for review at the address above. Please contact Mr. Greg Argel,
Realty Officer, at telephone number (503) 231-6787, to make an appointment to review the
application.
Sincerely,
Enclosure
•
Bureau of. Indian Affairs, Interior
Titles and Records Offices are des-
ignated as Certifying Officers for this
purpose. When a copy or reproduction
of a title document is authenticated by
the offioial seal and certified by a Man-
ager, Land Titles and Records Office,
the copy or reproduction shall be ad-
mitted into evidence the same as the
original from which it was made. The
fees for furnishing such certified copies
are established by a uniform fee sched-
ule applicable to all constituent units
of the Department of the Interior and
published in 43 CFR part 2, appendix A.
§ 150.11 Disclosure of land records,
title documents, and title reports.
(a) The usefulness of a Land Titles
and Records Office depends in large
measure on the ability of the public to
consult the records contained therein.
It is therefore, the policy of the Bureau
of Indian Affairs to allow access to
land records and title documents Ull-
less such access would violate the Pri-
vacy Act, 5 U .S.C. 552a or other law re-
stricting access to such records, or
there are strong policy groUllds for de-
nying access where such access is not
required by the Freedom of Informa-
tion Act, 5 U.S.C. 552. It shall be the
policy of the Bureau of Indian Affairs
that, unless specifically authorized,
monetary considerations will not be
disclosed insofar as leases of tribal
land are concerned.
(b) Before disclosing info=ation
concerning any living individual, the
Manager, Land Titles and Records Of-
fice, shall consult 5 U .S.C. 552a(b) and
the notice of routine users then in ef-
fect to determine whether the informa-
tion may be released without the writ-
ten consent of the person to whom. it
pertains.
PART 151-LAND ACQUISITIONS
Sec.
151.1 Purpose and scope.
151.2 Definitions.
151.3 Land aCQ.uisition policy.
151.4 ACQ.uisitions in trust of lands owned in
fee by an Indian.
151.5 Trust aCQ.uisitions in Oklahoma under
section 5 of the I.R.A.
151.6 Exchanges.
151.7 ACQ.uisition of fractional interests.
151.8 Tribal consent for nonmember aCQ.uisi-
tions.
§ 151.1
151.9 Requests for approval of aCQ.uisi tions.
151.10 On-reservation aCQ.uisitions.
151.11 Off-reservation acquisitions.
151.12 Action on requests.
151.13 Title examination.
151.14 Formalization of acceptance.
151.15 Information collection.
AUTHORITY: R.S. 161: 5 U.S.C. 301. Interpret
or apply 46 Stat. 1106, as amended; 46 Stat.
1471, as amended; 48 Stat. 985, as amended; 49
Stat. 1967, as amended, 53 Stat. 1129; 63 Stat.
605; 69 Stat. 392, as amended; 70 Stat. 290, as
amended; 70 Stat. 626; 75 Stat. 505; 77 Stat.
349; 78 Stat. 389; 78 Stat. 747; 82 Stat. 174, as
amended, 82 Stat. 884; 84 Stat. 120; B4 Stat.
1874; 86 Stat. 216; 86 Stat. 530; 86 Stat. 744; 88
Stat. 78; 88 Stat. 81; 88 Stat. 1716; 88 Stat.
2203; 88 Stat. 2207; 25 U.S.C. 2, 9, 4090., 450h,
451, 464, 465, 487, 488, 489, 501, 502, 573, 574, 576,
608, 6080., 610, 610a., 622, 624, 640d-10, 1466, 1495,
and other authorizing acts.
CROSS REFERENCE: For regulatiOns per-
taining to: The inheritance of interests in
trust or restricted land, see parts 15, 16, and
17 of this ti tie and 43 CFR part 4; the pur-
chase of lands under the BIA Loan Guaranty,
Insurance and Interest Subsidy program, see
part 103 of this title; the exchange and parti-
tion of trust or restricted lands, see part 152
of this title; land acquiSitions authorized by
the Indian Self-Determination and Edu-
cation Assistance Act. see pa.rts 900 and 276
of this title; the acquisition of allotments on
the public domain or in national 'forests, see
43 CFR part 2530; the aCQ.uisition of Native
allotments and Native townsite lots in Alas-
ka, see 43 CFR parts 2561 and 2564; the acQ.ui-
sition of lands by Indians with funds bor-
rowed from the Farmers Home Administra-
tion, see 7 CFR part 1823, subpart N; the ac-
q uisi tion of land by purchase or exchange for
members of the Osage Tribe not having cer-
tificates of competency, see §§ 117.8 and 158.54
of this title.
SOURCE: 45 · FR 62036, Sept. 18, 1980, unless
otherwise noted. RedeSignated at 47 FR 13327,
. Mar. 30, 1982.
§ 151.1 Purpose and scope.
These regulations set forth the au-
thorities, policy, and procedures gov-
erning the acquisition of land by the
United States in trust status for indi-
vidual Indians and tribes. AcquiSition
of land by individual Indians and tribes
in fee simple status is not covered by
these regulations even though ' such
land may, by operation of law, be held
in restricted status following_ acquisi-__ -,
tion. Acquisition of land in trust status
by inheritance or escheat is not cov-
ered by these regulations. These regu-
lations do not cover the acquisition of
§151.2
land in trust status in the State of
Alaska, except acquisitions for the
Metlakatla Indian Co=unity of ·the
Annette Island Reserve or it members.
§ 151.2 Definitions.
(a) Secretary means the Secretary of
the Interior .or authorized representa-
tive.
(b) Tribe means any Indian tribe,
band, nation, pueblo, co=unity,
rancheria, colony, or other group of In-
dians, including the Metlakatla Indian
Community of the Annette Island Re-
serve, which is recognized by the Sec-
retary as eligible for the special pro-
grams and services from the Bureau of
Indian Affairs. For purposes of acquisi-
tions made under the authority of 25
U.S.C. 488 and 489, or other statutory
authority which specifically authorizes
trust acquisitions for such corpora-
tions, "Tribe" also means a corpora-
tion chartered under section 17 of the
Act of June 18, 1934 (48 Stat. 988; 25
U.S.C. 477) or section 3 of the Act of
June 26, 1936 (49 Stat. 1967; 25 U.S.C.·
503).
(c) Individual Indian means:
(1) Any person who is an enrolled
member of a tribe;
(2) Any person who is a descendent of
such a member and said descendant
was, on June I, 1934, physically residing
on a federally recognized Indian res-
ervation;
(3) Any other person possessing a
total of one-half or more degree Indian
blood of a tribe;
(4) For purposes of acquisitions out-
side of the State of Alaska, Individual
Indian also means a person who meets
the qualifications of paragraph (c)(I),
(2), or (3) of this section where "Tribe"
includes any Alaska Native Village or
Alaska Native Group which is recog-
nized by the Secretary as eligible for
the special programs and services from
the Bureau of Indian Affairs.
(d) Trust land or land in trust status
means land the title to which is held in
trust by the United States for an indi-
..-Vidual Indian or a tribe ..
(e) Restricted land or land in restricted
status means· land the title to which is
held by an individual Indian or a tribe
and which can only be alienated or en-
cumbered by the owner with the ap-
proval of the Secretary because of limi-
25 CFR Ch. I (4-1-00 edition)
tations contained in the conveyance in-
strument pursuant to Federal law or
because of a Federal law directly im-
posing such limitations.
(f) Unless another definition is re-
quired by the act of Congress author-
izing a particular trust acquisition, In-
dian reservation means that area of land
·over which the tribe is recognized by
the United States as having govern-
mental jurisdiction, except that, in the
State of Oklahoma or where there has
been a final judicial determination
that a .reservation has been disestab-
lished or diminished, Indian reservation
means that area of land constituting
the former reservation of the tribe as
defined by the Secretary.
(g) Land means real property or any
interest therein.
(h) Tribal consolidation area means a
specific area of land with respect to
which the tribe has prepared, and the
Secretary has approved, a plan for the
acquisition of land in trust status for
the tribe.
[45 FR 62036, Sept. 18, 1980, as amended at 60
FR 32879, June 23, 1995]
§ 151.3 Land acquisition policy.
Land not held in trust or restricted
status may only be acquired for an in-
dividual Indian or a tribe in trust sta-
tus when such acquisition is authorized
.byan act of Congress. No acquisition of
land in trust status, including a trans-
fer of land already held in trust or re-
stricted status, shall be valid unless
tlle acquisition is approved by the Sec-
retary.
(a) Subject to the provisions con-
tained in the acts of Congress which
authorize land acquisitions, land may
be acquired for a tribe in trust .status:
(1) When the property is located
within the exterior boundaries of the
tribe's reservation or adjacent thereto,
or within a tribal .consolidation area;
or
(2) When the tribe already owns an
interest in the land; or
(3) When the Secretary determines
that the acquisition of the land is nec-
essary to facilitate tribal self-deter-
mination, economic development, or
Indian housing.
(bl Subject to the provisions con-
tained in the acts of Congress which
authorize land acquisitions or holding
I
'"
lureau of Indian Affairs, Interior
and in trust or restricted status, land
nay be acquired for an individual In-
[ian in trust status:
(1) When the land is located within
,he exterior bOWldaries of ' an Indian
'eservation, or adjacent thereto; or
(2) When the land is already in trust
Ir restricted status.
; 151.4 Acquisitions in trust of lands
owned m fee by an Indian.
Unrestricted land owned by an indi-
ridual Indian or a tribe may be con-
reyed into trust status, including a
lonveyance to trust for the owner, sub-
ect to the provisions of this part.
i 151.5 Trust acquisitions in Oklahoma
under section 5 of the LR.A..
In addition to acquisitions for tribes
"hich did not reject the provisions of
;he Indian Reorganization Act and
;heir members, land may be acquired
.n trust status for an individual Indian
)r a tribe in the State of Oklahoma
mder section 5 of the Act of JWle 18,
1934 (48 Stat. 985; 25 U.S.C. 465), if such
Lcquisition comes within the terms of
;his part. This authority is in addition
;0 all other statutory authority for
,uch an acquisition.
! 151.6 Exchanges.
An individual Indian or tribe may ac-
1uire land in trust status by exchange
If the acquisition comes within the
Germs of this part. The disposal aspects
)f an exchange are governed by part 152
)f this title.
i 151.7 'Acquisition of fractional inter·
~sts. .
Acquisition of a fractional land inter-\
est by an individual Indian or a tribe in j
trust status can be approved by the i
Secretary only if: .. ___ .-1
-('a) The buyer already oW:li.s a frac-
tional interest in the same parcel of
land; or
(b) The interest being acquired by the
buyer is in fee status; or
(c) The buyer offers to purchase the
remaining undivided trust or restricted
interests in the parcel at not less than
their fair market value; or
(d) There is a specific law which
grants to the particular buyer the
right to purchase an undivided interest
or interests in trust or restricted land
§ 151.10
without offering to purchase all of such
interests; or
(e) The owner of a majority of the re-
maining trust or restricted interests in
the parcel consent in writing to the ac-
quisition by the buyer.
§ 151.8 Tribal consent for nonmember
acquisitions.
An individual Indian or tribe may ac-
quire land in trust status on a reserva-
tion other than its own only when the
governing body of the tribe having ju-
risdiction over such reservation con-
sents in writing to the acquisition; pro-
vided, that such consent shall. not be
required if the individual Indian or the
tribe already owns an Wldivided trust
or restricted interest in the parcel of
land to be acquired.
§ 151.9 'Requests for approval of acqui.
sitions. '
An inillvidual Indian or tribe desiring
to acquire land in trust status shall file
a written request for approval of such
acquisition with the Secretary. The re-
quest need not be in any special form
but shall set out the identity of the
parties, a description of the land to be
acquired, and other information which
would show that the acquisition comes
within the terms of this part.
§ 151.10 On·reservation acquisitions.
Upon receipt of a written request to
have lands taken in trust, the Sec-
retary will notify the state and local
governments having regulatory juris-
diction over the land to be acquired,
unless the acquisition is mandated by
legislation. The notice will inform the
state or local gove=ent that each
will b~, ,g"~Q':: 30 days in which to pro-
vide written comments as to the acqui-
sition's potential impacts on regu-
latory jurisdiction, real property taxes
and special assessments. If the state or
local gove=ent responds within a 30-
day period, a copy of the comments
will be provided to the applicant, who
will be given a reasonable time in
which to reply and/or request that the
Secretary issue a decision. The Sec-
retary will consider the following cri-
teria in evaluating reques;ts for the ac-
quisition of land in trust status when
§151.11
the land is located within or contig-
uous to .an Indian reservation, and the
acquisition is not mandated: .
(a) The existence of statutory au-
thority for the acquisition and any
limitations contained in such author-
ity;
(b) The need of the individual Indian
or the tribe for additional land;
(c) The purposes for which the land
will be used;
(d) If the land is to be acquired for an
individual Indian, the amount of trust
or restricted land already owned by or
for that individual and the degree to
which he needs assistance in handling
his affairs;
(e) If the land to be acquired is in un-
restricted fee status, the impact on the
State and its political subdivisions re-
sulting from the removal of the land
from the tax rolls;
(f) Jurisdictional problems and po-
tential conflicts of land use which may
arise; and
(g) If the land to be acquired is in fee
status, whether the Bureau of Indian
Affairs is equipped to discharge the ad-
ditional responsibilities resulting from
the acquisition of the land in trust sta-
tus.
(h) The extent to which the applicant
has provided information that allows
the Secretary to comply with 516 DM 6,
appendix 4, National Environmental
Policy Act Revised Implementing Pro-
cedures, and 602 DM 2, Land Acquisi-
tions: Hazardous Substances Deter-
minations. (For copies, write to the De-
partment of the Interior, Bureau of In-
dian Affairs, Branch of Environmental
Services, 1849 C Street NW., Room 4525
MIB, Washington, DC 20240.)
[45 FE 62036, Sept. 18, 1980, as amended at 60
FE 32879, June 23, 1995] ,
'. '!'" .~ -~
§ 151.11 Off.reservation acquisitionS.
The Secretary shall consider the fol-
lowing requirements in evaluating trib-
al requests for the acquisition of lands
in trust status, when the laIid is lo-
cated outside of and noncontiguous to
the tribe's reservation, and the acquisi-
tion is not mandated:
(a) The Criteria listed in § 151.10 (a)
through (c) and (e) through (h);
(b) The location of the land relative
to state boundaries, and its distance
from the boundaries of the tribe's res-
25 CFR Ch. I (4-1-00 edition)
ervation, shall be considered as follows:
as the distance between the tribe's res-
ervation and the land to be acquired in-
creases, the Secretary shall give great-
er scrutiny to the tribe's justification
of anticipated benefits from the acqui-
sition. The Secretary shall give greater
weight to the concerns raised pursuant
to paragraph (d) of this section.
(c) Where land is being acquired for
business purposes, the tribe shall pro-
vide a plan which specifies the antici-
pated economic benefits associated
with the proposed use.
Cd) Contact with state and local gov-
ernments pursuant to §151.10 (e) and (f)
shall be completed as follows: TJpon re"-
ceipt of a tribe's written request to
have lands taken in trust, the Sec-
retary shall notify the state and local
governments having regulatory juris-
diction over the land to be acquired.
The notice shall inform the state and
local government that each will be
given 30 days in which to provide writ-
ten comment as to the acquiSition's po-
tential impacts on regulatory jurisdic-
tion, real property taxes and special as-
sessments.
[60 FE 32879, June 23, 1995, as amended at 60
FE 48894, Sept. 21, 1995]
§ 151.12 Action on requests.
(a) The Secretary shall review all re-
quests and shall promptly notify the
applicant in writing of his decision.
The Secretary may request any addi-
tional information or justification he
considers necessary to enable him to
reach a decision. If the Secretary de-
termines that the request should be de-
nied, he shall advise the applicant of
that fact and the reasons therefor in
writing and notify him of the right to
appeal pursuant to part 2 of this title.
(b) Following completion of the Title
Examination provided in § 151.13 of this
part and the exhaustion of any admin-
. istrative remedies, the Secretary shall
publish in the FEDERAL REGISTER, or in
a newspaper of general circulation
serving the affected area a notice of
hislher decision to take land into trust
under this part. The notice will state
that a final agency determination to
take land in trust has been made and
that the Secretary shall acquire title
in the name of the United States no
374
ureau of Indian Affairs, Interior
ooner than 30 days after the notice is
ublished.
15 FR 62036, Sept. 18, 1980. Redesignated at
l FR 32879, June 23, 1995, as amended at 61
'R 18083, Apr. 24, 1996J
151.13 Title examination.
If the Secretary_ determines that he
rill approve a request for the acquisi-
ion of land from unrestricted fee sta-
us to trust status, he shall acquire, or
equire the applicant to furnish, title
. vidence meeting the Standards For The
'reparation of Title Evidence In Land Ac-
>uisitions by the United States, issued by
·he U.S. Department of Justice. After
laving the title evidence examined, the
lecretary shall notify the applicant of
my liens, encumbrances, or infirmities
vhich may exist. The Secretary may
'squire the elimination of any such
iens, encumbrances, or infirmities
Jrior to taking final approval action on
;he acquiSition and he shall require
llimination prior to such approval if
;he liens, encumbrances, or infirmities
nake title to the land unmarketable.
45 FR 62036, Sept. 18, 1980. Redesignated at
iO FR 32879, June 23, 1995J
i151.14 Formalization of acceptance.
Formal acceptance of land in trust
;tatus shall be accomplished by the
. ssuance or approval of an instrument
)f conveyance by the Secretary as 1s
~ppropriate in the circumstances.
:45 -FR 62036, Sept. 18: 1980. Redesignated at
lO FR 32879, June 23, 1995J
i 151.15 Information collection.
(a) The information collection re-
~uirements contained in §§ 151.9; 151.10;
l51.ll(c), and 151.13 have been approved
by the Office of Management and Budg-
3t under 44 U.S.C. 3501 et seq. and as-
5igned cleai:ance number 1076-0100. This
information is being collected to ac-
:J,uire land into trust on behalf of the
Indian tribes and individuals, and will
be used to assist the Secretary in-mak-
ing a determination. Response to this
request is required to obtain a benefit.
(b) Public reporting for this informa-
tion collection is estimated to average
4 hours per response, including the
time for reviewing instructions, gath-
ering and maintaining data, and com-
pleting and reviewing the information
pt. 152
collection. Direct comments regarding
the burden estimate or any other as-
pect of this information collection to
the Bureau of Indian Affairs, Informa-
tion Collection Clearance Officer,
Room 337-SIB, 18th and C Streets, NW.,
Washington, DC 20240; and the Office of
Information and RegulatorY Affairs
[project 1076-0100], Office of Manage-
ment and Budget, Washington, DC
20502.
[60 FR 32879, June 23, 1995; 64 FR 13895, Mar .
23,1999J
PART 152-ISSUANCE' OF PATENTS
IN FEE, CERTIFICATES OF COM-
PETENCY, REMOVAL OF RESTRIC-
TIONS, AND SALE OF CERTAIN
INDIAN LANDS
Sec.
152.1 Definitions.
152.2 Withholding action on application.
ISSUING PATENTS IN FEE, CERTIFICATES OF
-COMPETENCY OR ORDERS REMOVING RE-
STRIarIONS
152.3 Info=ation regarding status of appli-
cations for removal of Federal super-
vision over Indian lands.
152.4 Application for patent in fee.
152.5 Issuance of patent in fee .
152.6 Issuance of patents in fee to non-Indi-
ans and Indians with whom a special re-
lationship does not-exist.
152.7 Application for certificate of com-
petency.
152.8 Issuance of certificate of competency.
152.9 Certificates of competency to certain
Osage adults.
152.10 Application for orders remOving re-
strictions, except Five Civilized Tribes.
152.11 Issuance of -orders removing restric-
tions, except Five Civilized Tribes.
152.12 Removal of restrictionS, Five Civ-
ilized Tribes, after application under au-
thOrity other tha.n section 2(a). of the Act
of August 11, 1955.
152.13 Removal of restrictions, Five Civ-
ilized Tribes, after application under sec-
tion 2(0.) of the Act of August 11, 1955.
152.14 Removal of restrictions, Five Civ·
ilized Tribes, without application.
152.15 Judicial review of removal of restric-
tions, Five Civilized Tribes, without ap·
plication.
152.16 Effect of order removing restrictions,
Five Civilized Tribes.
190·078 D·00-13 375
FEB-02-2012 THU 10:58 AM Bureau Of India n Affairs FAX NO, 50323167 15
BUREAU OF INDIAN AFFAIRS
NORTHWEST REGIONAL OFFICE
Facsimile
TRANSMITTAL ---
February 2, 2012
TO: Gil Alvarado
City of Moses Lake
. Fax No: (509) 764-3758
FROM: Greg Argel, Realty Officer
NWRO, BIA
Tel No. (503) 231-6787
Fax Number (503) 231-6715
p, 01
Subject: Colville Tribes -Fee to Trust Application Moses Lake Property
3 Pages with this transmittal
Attachments
FEB-02 -2012 THU 10 :59 AM Bureau Of Indian Affairs FAX NO, 5032316715 p, 02
FEB-02-2012 THU 10:59 AM Bureau Of Indian Affairs FAX NO, 5032316715 p, 03
Page Q-4
~
Trust Land
Versus Fee
Land
General
Background
Land Tenure on
Reservations
Wisconsin Legislator Briefing Book
Indian Lands in Wisconsin
All of the federally recognized tribes in Wisconsin, except the Ho-Chunk Nation,
have a reservation, that is, land that the United States has set aside out of the public
domain for the use of a tribe (for example, by treaty, executive order, statute, or U.S.
Secretary of Interior proclamation). The Ho-Chunk Nation does not have a consoli-
dated reservation but has trust lands in 11 counties; a few of these trust lands have
reservation status. As discussed below, reservation and trust land are not synony-
mous: not all land on a reservation is trust land; not all trust land is on a reservation.
As discussed below, for purposes of determining civil, criminal, and civil regulatory
jurisdiction, the ownership and location of land may be pertinent.
Congress provided that the Secretary of Interior has authority to hold and acquire
land in trust for the benefit of American Indians and tribes. Trust land refers to land
the title to which is held by the United States in trust for a tribe or individual Ameri-
can Indian. Trust land cannot be sold without the prior approval of the Secretary of
Interior. Federal law provides that trust land is exempt from taxation by state and
local government. In contrast, fee land (sometimes referred to as fee simple land or
fee-patented land) refers to land the title to which is held by the owner. In general,
an owner of fee land may freely alienate it, for example, by selling it. In general, fee
land is subject to taxation by state and local government. 3
Another category of land tenure unique to American Indians is restricted fee land in
which the tribe or tribal member holds the title in fee subject to a federal patent that
restricts alienation. For most purposes, such land is treated the same as trust land.
If a tribe or American Indian purchases land and holds the title in fee simple, the
tribe or American Indian may, but is not required to, petition the Secretary to take the
land in trust, and the Secretary may or may not agree to do so. Unlike a tribe, which
may apply to have any land that the tribe owns held in trust, an American Indian may
do so only with respect to land owned by the American Indian that is on or adjacent
to a reservation or land that is already in trust or restricted status. Federal regula-
tions promulgated by the BIA set forth the procedure and criteria used by the
Secretary to make a decision as to whether to take land in trust.
Each tribe and reservation has a unique history. However, many reservations in the
United States were greatly affected by the General Allotment Act of 1887 (also
known as the Dawes Act) or by similar federal legislation allotting tribal land. On the
affected reservations, the Dawes Act provided for a certain number of acres to be
allotted to each tribal member to be held in trust for a certain period of time, after
which a fee patent would be issued. Because property taxes generally had to be
paid once it became fee land, many sales resulted when a tribal member could not
pay property taxes or, in some cases, because a tribal member wanted to sell the
land for other reasons. Many such allotted lands were then purchased by non-
Indians. The Dawes Act also provided for the disposition of all "surplus' lands
remaining after allotment so that the land could be used for non-Indian settlement.
In the United States, it is estimated that the 138 million acres of land held by tribes
and American Indians in 1887 had declined to about 48 million acres in 1934 when
the allotment era ended with passage of the federal Indian Reorganization Act.
Among other things, the Indian Reorganization Act prohibited further allotments and
continued the trust status of lands then remaining in trust.
However, not all reservations or all lands on a reservation were allotted, and the
trust status of all allotments did not expire. Moreover, tribes and individual American
Indians may own or purchase fee land on a reservation which they may either hold
Wisconsin Legislative Council
February 14, 2012
MOSES LAKE
United States Department of the Interior
Bureau of Indian Affairs
Northwest Regional Office
911 N. E. 11 1h Avenue
Portland, OR 97232-4169
I DRAFT I
RE: Application for Acquisition of Off-Reservation Property by the USA to be Held in Trust for
the Confederated Tribes of the Colville Reservation
Dear Regional Director
The City of Moses Lake received your letter dated January 27, 2012 inviting comment with regard
to the application for acquisition of off-reservation land by the USA. to be held in trust for the use
and benefit of the Confederated Tribes of the Colvil le Reservation. The Tribes' proposed use of
the property is for a truck stop. The City subsequently received additional materials after a request
was made by the City which provides the basis for the comments in this letter.
The City offers its comments pursuant to 25 CFR 151 .110 which states that the local government
can provide written comments as to an acquisition's potential impacts on regulatory jurisdiction, real
property taxes, and special assessments.
Parcel 1, Tax Parcel #90384000 is approximately 1 acre in size, is currently zoned by the City of
Moses Lake as R-3, which is Multi-family Residential, and is bounded by Lakeshore Drive and
Wanapum Drive. See enclosed map for reference.
Parcel 2, Tax Parcel #90383010 is approximately 6 acres in size , is currently zoned by the City of
Moses Lake as General Commercial and is bounded by Wanapum Drive and Wapato Drive. See
enclosed map for reference.
Both parcels have substantial boundaries adjacent to currently platted and, in some cases,
developed and occupied residential properties. See enclosed map for reference.
Both parcels are undeveloped and currently carry low property assessments as a result. However,
it is understood by newspaper accounts and available public records that the properties were sold
for an amount in excess of $1,000,000. The assessed value should be adjusted to the sales price
which should bring the assessed value in the future to over $1 ,000,000. The City of Moses Lake
assesses its properties at approximately $3 per $1 ,000 . At an anticipated $1 ,000,000 assessment,
the properties would provide approxi mately, in an undeveloped state, $3 ,000 in property tax
receipts to the City of Moses Lake.
There are no special assessments against the property.
Both parcels are adjacent to streets essentially designed for residential use. The streets were not
designed to carry voluminous, heavy semi-tractor and trailer truck traffic which would be anticipated
to be generated by the development of a truck stop. Furthermore, the City of Moses Lake's
City Manager 764-3701 • City Attorney 764-3703 . Community Development 764-3750 . Fin~ncc 764-3717 . Fire 765-2204
Municipal Services 764-3783 . Municipal Courl 764-3701 • Parks & Recreation 764-3805 . Police 764-3887 . Fax 764-3739
401 S Balsam St .• P.O. Box 1579 . Moses Lake, WA 98837-0224 . www.cityofml.com
municipally owned streets adjacent to the ingress and egress from 1-90 were not designed for
voluminous heavy semi-tractor and trailer truck traffic.
As stated previously, the properties are adjacent to residential properties, some of which are
currently developed and occupied. The development of a truck stop may negatively impact the
value of the adjacent residential properties and negatively impact the owner's use of those
residential properties. See enclosed map for reference .
The City of Moses Lake currently provides the usual array of municipal services to the properties.
This includes police services, fire inspection and suppression services, ambulance service, and
street construction and maintenance services. The City also provides, in the area , water, sewer
and refuse collection services Also, property taxes support the Parks and Recreation Department
of the City of Moses Lake.
The City does not understand the need for the United States government to hold these parcels in
trust for the Tribes. This is relatively small acreage inside the city limits of the City in an area
adjacent to residential property and served by the City. This is not property in a rural setting
without neighbors. It is property in the middle of a municipality providing the usual urban services
to its residents.
The City does not understand why this property shouldn't be held as fee interest property by the
Tribes and developed according to the City's rules and standards, subject to the laws of the City
of Moses Lake .
For information's sake, the City does not allow the sale and discharge of fireworks within the City
of Moses Lake as a example. Also, the City taxes all property within the City of Moses Lake at the
same rate and uses those taxes to provide the services to its citizens.
The City believes the property should not be acquired by the United States government as property
held in trust for the Confederated Tribes of the Colville Reservation but should simply remain as
property held in fee by the Tribes and developed just as any other property inside the City of Moses
Lake.
Very truly yours
Bill J. Ecret, Mayor Dick Deane, Deputy Mayor
Jon Lane, Council Member Brent Reese, Council Member
Dr. David Curnel, Council Member Karen Liebrecht, Council Member
Jason Avila, Council Member I DRAFT I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
_ AGRICUlTIURE
C LAKE
D LOTS
BUSINESS PAAK ~ GC AIRPORT
-C!:NTRAl BUSINESS DIST c::J CITY LIMITS
_ GENERAL COMMERCiAl
IZJ CONSERVATION N W*E _ HEAVY INDUSTRiAl
MllND IlIRK
_ MUNI(lPAl AIRPORT
_ PUBliC
PlANNED DEV DIST
SINGLE FAMilY RES
SINGlE/TWD FAMilY RES
MUlTl FAMilY RES
o
s
Feet
400
I
CITY OF
MOSES LAKE
~t.i:r:1~IIt;~~~ ZONING MAP 2011
SHEET NUMBER:
139
GRID NUMBER:
2-1_01_1
CITY Of
MOSES
LAKE
~riaay~ 'FeJ,uy'!lry 24
1:00pm -5:00pm
Satu~da¥, February 25
9:00am -11:00am
11:00am-12:00pm
12:00pm -1:00pm
2012 City of Moses Lake
Council & Staff Workshop/Retreat
February 24 -25,2012 -ATEC/Hardin Room -BBCC
Retreat Agenda
Financial Overview & Review
Future Revenue Review
Wellness Program
2% Reduction in Medical Insurance Costs
Partial use of funds
Washington Surveying and Rating Bureau
Protection Class Rating -Fire
Reservoir/ Cell Tower
Rental Agreements
City Property Ownership
Library Expansion Presentation
Trails and Paths Team Presentation
Port of Moses lake
lunch
CITY OF Hoses
LAKe
1:00pm-5:00pm
7:30 pm
2012 City of Moses Lake
Council & Staff Workshop/Retreat
February 24 -25,2012 -ATEC/Hardin Room -BBCC
Retreat Agenda
Park Issues / Projects
• McCosh Park Path / Farmer's Market
• Downtown Flower Pots
• Dano Park -Cui de Sac
• Penn St. Property
Fire Department
Volunteer Program
Senior Center and Boys & Girls Club
Water System Review
Funding Requests
Wastewater System Review
Water Conservation Program
Property Maintenance Standards
Draft Ordinance
Council Priorities, Goals and Wishes
Dinner
Michael's on the Lake
December 16,2011
TO: City Manager for Council Consideration
FROM: Community Development Director
SUBJECT: January 2012 Building Activity Report
Please see the attached building activity report for the month of January 2012. Also included is
the building activity for the 2012 year to date. The following are highlights of the attached
report:
1.
2.
3.
4.
Building permits revenue generated for the month of January:
Building permits revenue generated for the year to date:
Building permits estimated valuation for the month of January:
Building permits estimated valuation for the year to date:
$1,656
$1,656
$5,950
$5,950
For the purpose of comparing January 2012 building activity numbers to January 2011 and
January 2010 and building activity numbers, the following 2011 and 2010 highlights are
provided:
2011
5.
6.
7.
8.
Building permits revenue generated for the month of January:
Building permits revenue generated for the year to date:
Building permits estimated valuation for the month of January:
Building permits estimated valuation for the year to date:
2010
9.
10.
II.
12.
Building permits revenue generated for the month of January:
Building permits revenue generated for the year to date:
Building permits estimated valuation for the month of January:
Building permits estimated valuation for the year to date:
$22,460
$22,460
$3,639,577
$3,639,577
$14,901
$14,90 1
$860,670
$860,670
February 1,2012
TO: Community Development Director
FROM: Planning and Building Technician
SUBJECT: January Building Activity Report
Attached is the January 2012 building permit statistics for your information. January 2011 and
2010 is attached for comparison.
Please call me at Extension #3756 with any questions.
cc: City Manager
Building Official
Municipal Services Director
County Assessor
File
'XBPRPTl CIT Y 0 F M 0 S E S L A K E PAGE: 1
B U I L DIN G D EPA R T MEN T
RUN BY: kwoodworth ISSUED BUILDING PERMIT STATISTICS DATE : WED, FEB 1, 2012, 8:49 AM
FROM: 01/01/2012 TO : 01/31/2012
=============================================================================================================:===================:=
DESCRIPTION # OF PERMITS
ISSUED
01/2012
# OF PERMITS
ISSUED YTD
01/31/2012
ESTIMATED
VALUATION
01/2012
ESTIMATED
VALUATION YTD
01/31/2012
================================================================:======================:===========================================
M37
M329
MB01
MB02
M902
NONRESIDENTIAL ADD AND
STRUCTURES OTHER THAN B
MECHANICAL COMMERCIAL
MECHANICAL RESIDENTIAL
PLUMBING RESIDENTIAL
1
2
1
1
1
1
2
1
1
1
200
5,750
o
o
o
200
5,750
o
o
o
=================================================================:=======:=========================================================
PERMIT TOTALS: 6 6 5,950 5,950
=========:=========================================================================================================================
'XBPRPTl CIT Y 0 F M 0 S E S L A K E PAGE: 1
B U I L DIN G D EPA R T MEN T
RUN BY: kwoodworth ISSUED BUILDING PERMIT STATISTICS DATE: TUE, FEB 1, 2011, 8:20 AM
FROM: 01/01/2011 TO: 01/31/2011
====================:==============================================================================================================
DESCRIPTION # OF PERMITS
ISSUED
01/2011
# OF PERMITS
ISSUED YTD
01/31/2011
ESTIMATED
VALUATION
01/2011
ESTIMATED
VALUATION YTD
01/31/2011
===================================================================================================================================
A434 RESIDENTIAL ADD AND ALT 1 1 19,542 19,542
A437 NONRESIDENTIAL ADD AND 2 2 2,700 2,700
C319 CHURCHES & OTHER RELIGI 1 1 395,000 395,000
C320 INDUSTRIAL 1 1 1,915,200 1,915,200
C327 STORES & CUSTOMER SERVI 1 1 717,060 717,0 60
C328 OTHER NONRESIDENTIAL BU 1 1 584,475 584,475
M329 STRUCTURES OTHER THAN B 3 3 5,600 5,600
M801 MECHANICAL COMMERCIAL 1 1 0 0
M802 MECHANICAL RESIDENTIAL 1 1 0 0
M901 PLUMBING COMMERICAL 2 2 0 0
M902 PLUMBING RESIDENTIAL 2 2 0 0
Rl0l SINGLE FAMILY -DETATCHED 2 2 0 0
===================================================================================================================================
PERMIT TOTALS: 18 18 3,639,577 3,639,577
=====================:=============================================================================================================
'XBPRPTI CIT Y 0 F M 0 S E S L A K E PAGE:
B U I L DIN G D EPA R T MEN T
RUN BY: kwoodworth ISSUED BUILDING PERMIT STATISTICS DATE : MON, FEB I, 2010, 8:42 AM
FROM : 01/01/2010 TO : 01/31/2010
===================================================================================================================================
DESCRI PTION I OF PERMITS
ISSUED
01/2010
i OF PERMITS
ISSUED YTD
01/31/2010
ESTIMATED
VALUATION
01/2010
ESTIMATED
VALUATION YTD
01/31/2010
===================================================================================================================================
A437 NONRESIDENTIAL ADD AND
M329 STRUCTURES OT HER THAN B
M801 MECHANICAL COMMERCIAL
M802 MECHANICAL RESIDENTIAL
M901 PLUMBING COMMERICAL
M902 PLUMBING RESIDENTIAL
RIO I SINGLE FAMILY-DETATCHED
RI02 SINGLE-FAMILY ATTACHED
6 6
2 2
1
1
1
I 1
2 2
7 7
64,000
24,800
771,870
64,000
24,800
771,810
===================================================================================================================================
PERMIT TOTALS : 21 21 860 ,670 860,670
===================================================================================================================================
'XBPMTH2
RUN BY: kwoodworth
CIT Y 0 F M 0 S E S L A K E
B U I L DIN G D EPA R T MEN T
MONTHLY BUILDING PERMIT APPLICATIONS
FROM: 01/01/2012 TO: 01/31/2012
PAGE: 1
DATE: 02/01/20 12
===================================================================================================================================
PERMIT
NUMBER
20120001
20120002
20120003
20120004
2012000 5
20120006
PERMIT
TYPE
M802
A434
A437
A437
M902
M329
ESTIMATED
VALUATION
10,000
200
800
REVIEW-FEES
CHARGED
.00
.00
.00
.00
.00
.00
STATE-FEES
CHARGED
.00
4.50
4.50
4.50
.00
4.50
PERMIT FEES
CHARGED
34 .00
187.75
.00
30.00
35.00
39.15
APPLICATION
DATE
01/0 5/2012
01/09/2012
01/12/2012
01/23/2012
01/26/2012
01/30/2012
========:=:========================================================================================================================
REPORT TOTALS: 11,000 .00 18.00 325 .90
============================================================================================:======================================
TOTAL FEES CHARGED: 343 .9 0
*tt****t******************_****************
*XBPSTAT2 CIT Y 0 F M 0 S E S L A K E PAGE : 1
B U I L DIN G D EPA R T MEN T
RUN BY: kwoodworth APPLICATION STATUS DATE: 02/01/2012
FROM: 01 /01/2012 TO: 01/31/2012
===================================================================================================================================
PERMIT
NUMBER
20120001
20120002
20120003
20120004
20120005
20120006
PERMIT
TYPE
MB02
M34
M37
M37
M902
M329
SERVICE
ADDRESS
520 BALSAM ST
537 DUNE RD
1790 KITTELSON RD
302 BROADWAY AVE
1213 ALDERWOOD DR
1035 STRATFORD RD #
APPLICATION
DATE
01/05/2012
01/09/2012
01/12/2012
01/23/2012
01/26/2012
01/30/2012
ISSUE
DATE
01/05/2012
/ /
/ /
01/23/2012
01/26/2012
/ /
CIOO-OO4-3221 0-000-1000-000l)..0() Build., Stnlct & EquIp.
QO()..()()4-311583-OOC).1(){)[U)()()Q.OO Plan Checking Fees
Total
000'(}{)'('32210'(}{)0·10Q0.00()().(}() Build., Strucl & Equip.
Q00.004·34583-000·1000-o000-o0 Plan Checking Fees
Total
()()()-{)()4-32210.{)()(}.1000.QOOO.OO Bulkt., Struct & EquIp.
()()(H)()4-34583-000--1000.()()()Q-()() Plan CheckIng Fees
Tobit
Files\Building Permit Check
YTD January
1.130.40 1.130.40
35.36 35.36
February March
Building Permit Fees
2012
'0"' M., June Joly ...... gust September October November December Budget
Dv"
(Under)
275.000.00 (273.869.60)
85,000.00 (84,~.64)
1 .. 1..6_5..I.S-(ls5.76 360,000.00 135U14.241
2011 0",
YTO January Febn.lary March '0"' M., June J"1y August September October November December Budget (Under)
222,114.90 16,336.45 15,519.95 26.936.21 21.968.40 13.566.55 38,552.75 12,985,60 13,571.68 15,331.15 19,583.81 9,674.10 ? 16,088.25 300,000.00 (77,885.10)
73,099.03 4,124.46 8,790.29 9.482.98 6.588.61 5,571.29 10,092.66 3,893.82 2,824.80 11,380.64 8,954.85 1,394.63 80,000.00 (6,900.97)
295,213.93 22;16"0"-:'9"1"-24,310.24 38,419.19 28,557--:-n 19,137.84 48,645.41 16.1179,42 18,396.28 26,711.99 28,538.66 11,068.73 16,088,25 3150,000.00 (84,7156.07)
2010 Dv"
YTD January February March April M., June July August September October November December Budget (Under)
214,377.83 12.352.95 11.049.25 28.405.72 21,463.65 45,332.40 10.790.20 10,432.00 1<11.357.81 37.170.75 8.479.20 9.347.15 5.196.75 400.000.00 (185.622.17)
93.460.15 2,548.66 13,336.67 7,382.80 <11,183.06 7,637.76 3,56t.:l6 3,933.07 9,186.<110 16,136.33 <11.834.38 13.381.62 5.338.02 150.000.00 (56,539.65)
307,137.98 14-;-90f.6-1--f085.92 35.781S.52--25,648.71 52,970.18 14,351.56 14,385.07 23,544.21 55,307.0-8 13,313.58 22,728.77 10,534.77 55(1,00-0-:-00(242,182.021
02lO6I201210:13;40 AM
February 1 , 2012
TO : City Manager
FROM : Assistant Fi nance Di r ector'~
SUBJECT : Investment Report
Attached is the Investment Report for the month of January , 2012 .
cc : Finance Director
Accounting Division Manager
I nvestment Report
January, 2012
Investment Investment Amount Interest Purchase Maturity Interest
With Type Rate Date Date Earned
Investments Outstanding
Total Outstanding: $0.00
Investment Maturities
Grant County Invest Pool Invest Acct 9,098,364.46 2.87 12/01/11 12/301/11 22,245.06
Wa. State Invest Pool Invest Acct 8,553,199.85 0.13 12/01/11 12/301/11 882.91
Total Maturities: 17,651 ,564.31
Investment Purchases
Grant County Invest Pool Invest Acct 9,120,609.52 2.50 01/01 /12 01/31 /12
Wa. State Invest Pool Invest Acct 9,071 ,091 .82 0.16 01/01 /12 01/31 /12
Total Purchases: 18,191 ,701 .34
Investment Totals
Beginning Balance' 17,651 ,564.31
Total Maturities 17,651 ,564.31
Total Purchases 18,191 ,701 .34
Endinq Balance' 18,191 ,701 .34 I Monthlv Interest Earned 23,127.97
, Beginning Balance = Total Outstanding + Total Maturities
'Ending Balance = Beginning Balance -Total Maturities + Total Purchases
February 1, 2012
Honorable Mayor and
Moses Lake City Council
Dear Council Members
~U_~b unuu
CITY OF
HOSES LAKE
Attached is sales tax information for November 2011 sales which the City received on
January 31 ,2011 . This report indicates the City received $403,504 .15. The $403,504.15
in receipts for November compares with November 201 0 receipts of $367,830.83. For the
year, the 2011 receipts are approximately 10% above the 2010 receipts for the same
period .
Also provided is the transient rental income report for income the City received on January
31,2012. This report indicates January 2012 income (for November sales) of $25,073.90.
This compares with $39,728.66 for the same period in 2011. For the year, transient rental
income receipts are approximately 37% lower than the 2011 receipts for the same period .
Respectfully s
JKG:jt
City Manager 766-9201 • City Attorney 766-9203 • Community Development 766-9235 • Finance 766-9249 • Fire 765-2204
Municipal Services 766-9217 • Municipal Court 766-9201 • Parks & Recreation 766-9240 • Police 766-9230 • Fax 766-9392
401 S. Balsam St .• P.O. Box 1579· Moses Lake, WA 98837-0244· Phone: (509) 766-9214· www.ci.moses-Jake.wa.us
January 30 , 2012
TO: City Manager
FROM : Assistant Finance Director ~
SUBJECT : Sal es Tax Receipts
Attached is the Sales Tax Receipts -Monthly Report for January , 2012.
cc : Finance Director
Parks & Recreation Director
Sales Tax Receipts -Monthly
Month Sales YTD
Received Period 2008 2009 2010 2011 2012 Change
Jan Nov 408,717.83 423,485.93 373,688.80 367,830.83 403,504.15 10%
Feb Dec 469,332.60 575,401.82 560,731.77 488,453.72
Mar Jan 367,342.57 363,518.70 276,352.86 324,247.20
Apr Feb 385,196.04 346,570.37 330,932.86 368,305.65
May Mar 495,704.60 425,086.28 402,951 .97 456,738.86
June Apr 432,257.32 428,915.48 384,565.04 439,396.45
July May 522,411.98 421,462.37 380,216.47 431 ,750.56
Aug June 564,229.35 470,623.43 456,372.87 453,961 .67
Sept July 527,800.54 409,860.53 407,935.17 411 ,796.14
Oct Aug 506,697.78 406,419.10 390,800.44 446,905.90
Nov Sept 509,888.34 447,607.52 438,011 .36 411 ,689.43
Dec Oct 475,693.08 378,139.72 394,167.42 406,648.97
Totals 5 665,272.03 5097091 .25 4796727.03 5007725.38 403504.15
January 31 , 2012
TO : City Manager
FROM : Assistant Finance Director 1I o·F
SUBJECT : Transient Rental Income Report
Attached are the Transient Rental Income reports for January, 2012 .
cc: Finance Director
Parks & Recreation Director
TRANSIENT RENTAL INCOME -MONTHLY TOTAL RECEIVED
MONTH SALES YTD
RECEIVED PERIOD 2009 2010 2011 2012 Change
JAN NOV 48,677.30 24,816.04 39,728.66 25,073.90 -37%
FEB DEC 26,992.76 20,136.24 25,155.98
MAR JAN 31 ,765.70 27,491 .94 30,274.86
APRIL FEB 29,104.60 27,550.16 35,015.70
MAY MAR 35,279.84 40,994.90 31 ,217.30
JUNE APRIL 57,063.10 37,657.72 43,150.52
JULY MAY 45,202.58 52 ,719.70 65,576.42
AUGUST JUNE 62,361.10 58 ,321.18 57,975.95
SEPT JULY 62,393.64 62 ,545.06 55,399.42
OCT AUGUST 58,102.10 61,950.36 62,457.58
NOV SEPT 48,046.92 46,504.36 56,261 .04
DEC OCT 31 ,418.10 30 ,765.44 37,670.80
TOTALS 536407.74 491453.10 539884.23 25073.90