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Final 2024 0924 Council Agenda PacketMoses Lake City Council Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member Tuesday, Septe mber 24, 2024 Moses Lake Civic Center – 401 S. Balsam or remote access* Museum Exhibit 6 p.m. – New History Exhibit Debut Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Presentations - National Fire Prevention Week Proclamation -Hispanic Heritage Month Proclamation Citizen’s Communications ** Public Hearing #1 Unified Development Code Ordinance 3051 pg 4 Motion and Hearing Examiner and Water Rights Ordinances 3052/3053 Motion x2 Presented by Anna Franz, City Attorney Summary: Council to hear from public, review and consider adoption of UDC, then review and consider adoption of additional regulatation updates Summary Reports: Mayor’s Report COMLCouncil Packet 9-23-24 Page 1 of 69 September 24, 2024, City Council Meeting Page 2 Future Business – MLMC 2.08.050 states to place an item on an agenda by: consensus of Council, Council Committee or any combination of three Council, the City Manager, or the Mayor. #2 City Manager’s Report Consent Agenda pg 13 Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. a.Meeting Minutes dated July 10 and 23, September 5 and 10, 2024 b.Claims and Payroll c.Set 2025 Property Tax/Budget Public Hearings d.Accept Well 17 Clay Remediation Project GC2023-166 e.Extra Territorial 740 NE Easy St. f.Extra Territorial Sandcastle Estates 1 Phase 2 Lot 7 g.Sodium Hypochlorite Service Contract Amendment #2 Old Business – none scheduled New Business #3 MLMC 12.40 Reimbursement Repeal Ordinance 3054 pg 64 Motion Presented by Brian Baltzell, Public Works Director Summary: Council to review and consider adoption Administrative Report - Monthly Update on Excess Water Usage Fee – Madeline Prentice, Finance Director. Council Committee Reports Information Items - Proposed Agenda Topics pg 67 Adjournment Council Budget Workshop will be October 5 at 8 a.m. Next Regular Meeting will be October 8 at 6:30 p.m. NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting. * Remote Options: #1 MS Teams App or Online - Join the meeting now - Meeting ID: 255 209 796 882 Passcode: iXN9h9 Or #2 MS Teams by phone (audio only) tel:+15097079401,,422017647 United States, Moses Lake Or #3 YouTube Live https://www.youtube.com/@MosesLakeCityCouncil/streams COMLCouncil Packet 9-23-24 Page 2 of 69 September 24, 2024, City Council Meeting Page 3 ** In person Citizen Comment or Public Hearing Comments form needs to be given to the Clerk prior to the start of each meeting. The 5-minute time per speaker may be reduced to allow a maximum period of 30- minutes for citizens who have signed up to speak. Click this link for remote speaker request forms which must be completed by 3 p.m. on the day of the meeting. To be heard remotely during the live meeting – select the Teams option 1 above. COMLCouncil Packet 9-23-24 Page 3 of 69 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Mike Jackson, Interim City Manager 19662 Anna Franz, City Attorney Administration 9/24/2024 Public Hearing Unified Development Code, Hearing Examiner, and Water Rights MLMC Updates City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommends City Council conduct hearing for Unified Development Code and then consider making separate motions to adopt Ordinance No. 3051, Ordinance No. 3052, and Ordinance No. 3053. Link to Ordinance 3051 - 3053 https://moseslake- my.sharepoint.com/:b:/g/personal/dburke_cityofml_com/EbRRlrEk2YlBpdmcKyb0adUB_HrfMOHKH7McYGuBStRWow? e=FqNWe0 09 24 Slide Deck.pdf 544KB As part of the 2018 periodic update required by the Growth Management Act (GMA), the City adopted a new Comprehensive Plan in 2021. Following adoption, the City received notice from the Department of Commerce indicating the need to update the development regulations to conform with the goals and policies of the Comprehensive Plan. The City has engaged the public throughout the drafting process by holding several planning commission meetings and public hearings; establishing a development committee composed of city council members, city staff, and members of the local development community; posting the revised codes on the website; and holding a variety of meetings with stakeholder groups including the Downtown Association, Parks Board, and Chamber. Beginning in June of 2024 the City Council and Planning Commission held multiple joint study sessions to review certain portions of the drafts as follows: · Part 1: Part 15.400 – Use Charts and Setbacks · Part 2: Part 15.700 – Landscaping, Fences, Buffers, & Screening COMLCouncil Packet 9-23-24 Page 4 of 69 · Part 3: Part 15.600 – Family Day Care, Home Occupation, Short Term Rentals · Part 4: Part 15.300 – Land Division · Part 5: Chapter 15.640 – Mini Storages · Part 6: Chapter 15.730 – Non-Conforming Uses · Part 7: Chapter 15.250 – Concurrency · Part 8: Chapter 15.525 –Wetland Critical Area Buffers A SEPA Determination of Non-Significance (DNS) was issued on May 10, 2024. The 14-day comment period ended May 30, 2024. The City submitted the draft to the Department of Commerce on April 11, 2024, and has provided the revisions to that draft to date. Public comments received from the public hearings before the planning commission and as part of the SEPA process have been reviewed and incorporated into the draft where appropriate. On September 9, 2024, the Planning Commission held its final public hearing and adopted Resolution No. 2024- 1 recommending adoption of the Unified Development Code by the City Council. Ordinance No. 3051 replaces the following titles of the Moses Lake Municipal Code with a Unified Development Code: · Title 14, Environmental Regulations · Title 17, Subdivisions · Title 18, Zoning · Title 19, Growth Management · Title 20, Development Review Process · Title 21, Development Impacts The Unified Development Code (UDC) contains all of the zoning and development regulations for the City of Moses Lake, except for the building code which is being retained in Title 16. The UDC is split into parts as follows: · Part 15.100 ADMINISTRATION · Part 15.200 LAND USE DECISIONS · Part 15.300 LAND DIVISION · Part 15.400 ZONING AND OVERLAY DISTRICTS · Part 15.500 ENVIRONMENTAL REGULATIONS · Part 15.600 SPECIAL USE STANDARDS · Part 15.700 COMMUNITY AND PROJECT DESIGN STANDARDS Ordinance No. 3052 moves the code provisions establishing the office of the hearing examiner from the zoning code into Title 2, Administration and Personnel. While the hearing examiner is a vital part of the administration of the development regulations, the hearing examiner also serves as the appellate body for other code procedures including general code enforcement and therefore establishing the office under this title is more appropriate for the entire municipal code. Ordinance No. 3053 moves the previous water rights transfer or fee in lieu requirement from the subdivision code into Title 13, Water, Sewers, and Public Utilities. Ordinance No. 3053 also changes the trigger for requiring transfer of water rights or a fee in lieu from the point of subdivision to the point of annexation or filing a building permit. For building permits filed on a parcel that has already transferred or paid the fee in lieu either during annexation or during subdivision under the previous code, the property owner will be deemed to have already met this requirement if the use of the property is the same. COMLCouncil Packet 9-23-24 Page 5 of 69 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Adoption of the Unified Development Code will complete the update of the development regulations to be consistent with the 2018 Comprehensive Plan and will make the City compliant with the Growth Management Act, Chapter 36.70A. Failure to achieve compliance will jeopardize current grant funding and make the City ineligible for future grant funding until revised development regulations consistent with the Comprehensive Plan are adopted. Noncompliance may also result in further sanctions including withholding or temporarily rescinding the authority to collect portions of one or more of the following: motor vehicle fuel tax, transportation improvement account, rural arterial trust account, sales and use tax, liquor profit tax, liquor excise tax, or real estate excise taxes. Options and Results Adopt the Unified Development Code as proposed and recommended by the Moses Lake Planning Commission and the proposed companion ordinances. Adoption will complete the update of the development regulations to be consistent with the 2018 Comprehensive Plan and will make the City compliant with the Growth Management Act, Chapter 36.70A. Staff will bring back options for recommended changes. Any amendments to the UDC as presented will require an additional opportunity for the public to review and comment on the proposed change before the council may take action on the proposed change. Failure to adopt the UDC as the update to the development regulations under 2018 Comprehensive Plan will place the City of Moses Lake out of compliance with the Growth Management Act and will jeopardize current grant funding and make the City ineligible for future grant funding until revised development regulations consistent with the Comprehensive Plan are adopted. Noncompliance may also result in further sanctions including withholding or temporarily rescinding the authority to collect certain taxes. COMLCouncil Packet 9-23-24 Page 6 of 69 9/17/2024 1 Title 15Unified Development Code Moses Lake City Council Meeting September 24, 2024 Presented by Anna Franz, City Attorney Growth Management Act June 30, 2018, Periodic Update: Requires Cities to review and, if needed, revise their comprehensive plans and development regulations to ensure the Comp Plan and Dev Regs comply with the requirements of the GMA New legislation to be considered in the 2018 update: *Manufactured housing cannot be regulated differently than site built housing *ADUs must be allowed in single family residential areas 1 2 COMLCouncil Packet 9-23-24 Page 7 of 69 9/17/2024 2 Timeline of Drafting & Review Review and drafting commenced in 2021 with SCJA, staff, and planning commission Development Community Meeting: January 17, 2024 Development Committee reviews: January 31 – May 16, 2024 Draft submitted to Commerce: April 11, 2024 SEPA DNS issued May 10, 2024 – comment period ended May 30, 2024 Planning Commission Public Hearings – May 30, June 6, and September 9, 2024 Joint Council & Planning Commission Study Sessions: June 6 – September 3, 2024 Part 15.100 Administration Definitions Measurements General Provisions Administrative Code Interpretations 3 4 COMLCouncil Packet 9-23-24 Page 8 of 69 9/17/2024 3 Part 15.200 Land Use Decisions Permit Review Process Types Permit Review Procedures Hearings and Appeals Annexations Conditional Use Permits Development Agreements Variances Comprehensive Plan and Development Regulation Amendments Area-Wide and Site-Specific Rezones Concurrency Fire Impact Fees Part 15.300 Land Division General Provisions Subdivisions Boundary Line Adjustment and Lot Consolidation Binding Site Plan Improvements Open and Recreation Space 5 6 COMLCouncil Packet 9-23-24 Page 9 of 69 9/17/2024 4 Part 15.400 Zoning and Overlay Districts Zones, Overlay Zones, and Land Use Residential District Standards Housing Type Standards Nonresidential and Mixed-Use District Standards Grant County Airport Overlay District Moses Lake Municipal Airport Overlay District Part 15.500 Environmental Regulations SEPA Regulations Critical Area Regulations Exemptions Exceptions Wetlands Fish & Wildlife Habitat Geologically Hazardous Areas Frequently Flooded Areas Aquifer Recharge Areas Shoreline Management Regulations 7 8 COMLCouncil Packet 9-23-24 Page 10 of 69 9/17/2024 5 Part 15.600 Special use Standards Childcare, Adult Centers, and Daycare Centers Cargo Containers Cryptocurrency and Data Centers Essential Public Facilities Home Occupation Marijuana Businesses Mini Storages RV Parks Short Term Rentals Wireless Communication Facilities Small Wireless Communication Facilities Part 15.700 Community and Project Design Standards Community Design Standards Project Design Standards Parking Landscaping and Buffering Fences, Screening, and Refuse Storage Standards Nonconforming Uses and Structures Signs Outdoor Lighting 9 10 COMLCouncil Packet 9-23-24 Page 11 of 69 9/17/2024 6 Next Periodic Comp Plan Update: 2027 11 COMLCouncil Packet 9-23-24 Page 12 of 69 MOSES LAKE CITY COUNCIL July 10, 2024 CALL TO ORDER Mayor Swartz called the meeting to order at 11 a.m. in the Council Chambers Conference Room of the Civic Center. ROLL CALL Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Lombardi, Skaug, Fancher, Martinez, and Myers. BUDGET WORKSHOP Council and staff discussed the goals and priorities for the 2025 Budget. ADJOURNMENT The special meeting was adjourned at 2:15 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk COMLCouncil Packet 9-23-24 Page 13 of 69 MOSES LAKE CITY COUNCIL July 23, 2024 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:31 p.m. by Mayor Swartz in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Lombardi, Skaug, Fancher, Martinez, and Myers. PLEDGE OF ALLEGIANCE - Mayor Swartz led the Flag Salute. AGENDA APPROVAL Council Member Lombardi moved Consent item (b) Traffic Photo Enforcement Contract Extension, and Council Member Skaug moved Consent item (d) 2024-2025 Emergency Housing Grant to New Business. Action taken: Council Member Fancher moved to approve the Agenda as amended, second by Council Member Skaug. The motion carried 7 – 0. PRESENTATION SR-17/Yonezawa Boulevard Intersection Improvement Design Engineer Levi Bisnett provided a slide deck to illustrate the history of the project improvements. Perteet Senior Engineer Brent Powell stated that the reasons WSDOT required the intersection control improvement in 2022 was for safety and new development. Preliminary design and timeline of design funding and schedule was included through June 2025, with pending construction funding application from the Transportation Improvement Board. Council discussed ties to developments in nearby industrial area and potential stores at the Buley parcel. CITIZEN’S COMMUNICATION Miscellaneous – Elisia Dalluge, Moses Lake, spoke in support of maintaining local EMS and Fire services, she also asked Council to thank Congressman Newhouse’s efforts to preserve the federal Treaty for water and power resources. Open Door Sleep Center – HopeSource Housing Director Brittany Bouchouari shared the importance of the current location for the low barrier shelter. They provide a safe place for homeless individuals in light of the overturned Supreme Court decision to criminalize camping in parks with or without providing the sleep center. The sleep center has been close to capacity nearly every night and the HopeSource office on Ivy St is for longer term support services referred to as case management. SUMMARY REPORTS MAYOR’S REPORT Moments of Silence A moment of silence was taken for Martin Luther King Committee member Charlie Jones COMLCouncil Packet 9-23-24 Page 14 of 69 CITY COUNCIL MINUTES – July 23, 2024 pg. 2 who passed on July 10. A second moment of silence was observed for former Buffalo Township Volunteer Fire Chief Cory Comperatore who was the victim of Former President Trump assassination attempt in July. Sister City Student Exchange Travel Dates Sister City Student Delegates will travel to Tokyo and board a train to Yonezawa this week. They will host their counterparts in Moses Lake during the Grant County Fair week. Council will host a meet and greet open house with the students at 6 pm on August 13. FUTURE BUSINESS Library Building Lease Council Member Lombardi requested staff to review the North Central Regional Library lease in order to prohibit the health district’s activity being done in the Library and at the adjacent Civic Center Park. Council Member Martinez noted that the facility has been used as a cooling center and has other resources for homeless individuals. Liability of injury question proposed would be determined by the City’ insurance provider. CITY MANAGER’S REPORT New Employee: Executive Assistant / Deputy City Clerk City Clerk Debbie Burke introduced Tamara Valdez who transferred over from a position she held with the Museum and provided a brief biography to the audience. 2nd Quarter Financial Report Finance Director Madeline Prentice provided an analysis of actual revenues and expenses from 2020 to 2024 year to date June. General Fund ended the first half of the year under budget at 47.5% of adopted budget in expenditures, largely due to position vacancies, while revenues exceeded budget by 6.8%. Strong tax (sales, public safety and utility), licenses and permits, and interest collections contributed to the increased revenue and more than offset revenues that are more unpredictable and cyclical in nature. Budget Guidelines Memo Council met in July to establish and update priorities for 2025 revenue and expense projections. Staff have scheduled the annual budget workshop with Council for Saturday, October 5 at 8 a.m. Public Hearings will be conducted in November with plan of final adoption on November 28. Parks, Recreation, and Cultural Services Surface prep for the Futsol court began today at Harrison K Dano Park. Dime Store Profits will perform this Friday at 8 p.m. at McCosh Park Amphitheater. Preliminary attendance for July 3rd Red, White, and Boom event is 2,180, exceeding last year by 36%. #1 CONSENT AGENDA a.Electronic Transfer: 376 - 391 - $2,731,812.75Checks: 166156 - 166368 - $813,815.50 Payroll Checks: 07-05-2024 PR, #66290 - 66326 - $20,399.38 (#66287 - 66289 - voided) COMLCouncil Packet 9-23-24 Page 15 of 69 CITY COUNCIL MINUTES – July 23, 2024 pg. 3 Electronic Payments: 07-05-2024 Direct Deposit: - $732,636.49 b. pulledc.Banking Services Contract d. pulled e.Extra Territorial 2263 NE Westshore Drivef.Airport Capital Improvement Plang.East 3rd Avenue Seal Coat Striping Alterationh.Wastewater System Plan Consultant Contract Amendment i.Accept Improvements Grant County Mosquito Control District Flight Operations Action taken: Council Member Fancher moved to approve the Consent Agenda minus items (b) and (d), second by Council Member Martinez. The motion carried 7 – 0. PULLED FROM CONSENT b. Traffic Photo Enforcement Contract Extension Staff and Council discussed technical issues causing a delay in renewing contract, District Court fee, vendor cost, school zone speed safety, estimated accident statistics, and postponed decision to approve to the next meeting so staff could provide actual accident and citation statistics. d. 2024-2025 Emergency Housing Grant Award Housing & Grants Manager Liz Murillo reviewed the amount and term of the amendment to continue funding operation of the sleep center. Council discussed the need to keep the sleep center in light of the recent court decisions, other cities sending their homeless individuals to Moses Lake, fires at homeless camps, EMS services, moving the sleep center operation to another city in Grant County, reallocating ARPA funding, and the new pallet shelter purchase. Mayor Swartz tabled the vote to approve a renewal of grant funding to be done after the Executive Session. OLD BUSINESS #2 North Central Washington (NCW) Opioid Abatement Council Contract Council agreed to join the One Washington Memorandum of Understanding (MOU) on April 21, 2022, which designated nine regions for allocation of opioid settlement funding. Moses Lake entered into and Interlocal Agreement for funding distributions with Grant, Chelan, Douglas and Okanogan counties, and the cities of Wenatchee and East Wenatchee. The final step of the MOU is to contract with an administrator to oversee distribution and reporting of settlement funds. Action taken: Council Member Martinez moved to authorize the contract with Carelon Behavioral Health as presented, second by Council Member Myers. The motion carried 7 – 0. NEW BUSINESS #3 Plan Review and Building Official Services Contract Staff proposed a temporary service contract while vacancies are being advertised in order to provide adequate services for plan review. COMLCouncil Packet 9-23-24 Page 16 of 69 CITY COUNCIL MINUTES – July 23, 2024 pg. 4 Action taken: Council Member Fancher moved to authorize the Plan Review and Building Official Services contract, second by Council Member Lombardi. The motion carried 7 – 0. ADMINISTRATIVE REPORTS National Night Out Police Chief Dave Sands invited everyone to attend the annual event on August 6th at McCosh Park for both fire and police activities. Monthly Update on Excess Water Usage Fee Finance Director Madeline Prentice advised that June billing increased, which is the excess May usage. Total excess fees were $42,750 for 115 commercial and 55 residents. Council looks forward to getting deeper data analytics from staff and discussed revisiting excess fee based on number of lots instead of per meter at the end of this first season. COUNCIL COMMUNICATIONS AND REPORTS Council Member Fancher heard the County version of Economic Trends presentation at Grant Couty Economic Development Council meeting, and they talked about more affordable housing. Council Member Skaug reported that alternate water resources were discussed at the Community Development and Public Works Committee. Council Member Lombardi advised that the Port of Moses Lake has 77 Boeing Airplanes in storage and thanked Commissioners for inviting Council to the VIP tent at the airshow in June. Mayor Swartz was happy to be a part of the 70th Anniversary event for the Job Corps. The Columbia Basin program is run by long time resident Rick Rios. EXECUTIVE SESSION Mayor Swartz called an Executive Session from 9:20 p.m. to 9:50 p.m. to discuss purchase or lease of real estate, qualifications of applicants for public employment, and potential litigation pursuant to RCW 42.30.110(1) subsections (b), (g), and (i), with possible action to follow. Mayor Swartz extended the session for 40 minutes. RULE SUSPENSION Action taken: Council Member Martinez moved at 10:29 p.m. to temporarily suspend MLMC 2.08.030 Meeting Dates and Times, second by Council Member Fancher. The motion carried 7 – 0. Action taken: Council Member Martinez moved to extend the meeting until 10:30 p.m., second by Council Member Fancher. The motion carried 7 –0. PULLED FROM TABLE, FORMER PULLED FROM CONSENT COMLCouncil Packet 9-23-24 Page 17 of 69 CITY COUNCIL MINUTES – July 23, 2024 pg. 5 Discussion occurred prior to Old Business. Action taken: Council Member Martinez moved to approve the Emergency Housing Grant Award as presented, second by Deputy Mayor Madewell. The motion carried 5 – 2, Mayor Swartz and Council Member Lombardi were opposed. ADJOURNMENT The regular meeting was adjourned at 10:30 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk d. 2024-2025 Emergency Housing Grant Award COMLCouncil Packet 9-23-24 Page 18 of 69 MOSES LAKE CITY COUNCIL September 5, 2024 CALL TO ORDER Mayor Swartz called the meeting to order at 5 p.m. in the Council Chambers Conference Room of the Civic Center. ROLL CALL Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Skaug, Fancher, Martinez, and Myers. Absent: Council Member Lombardi. EXECUTIVE SESSION Mayor Swartz called an executive session for 2-hours from 5 p.m. to 7 p.m. to discussed qualifications of applicants for public employment pursuant to RCW 42.30.110(1) subsection (g). The session was extended for 40 minutes. ADJOURNMENT The special meeting was adjourned at 7:40 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk COMLCouncil Packet 9-23-24 Page 19 of 69 MOSES LAKE CITY COUNCIL September 10, 2024 STUDY SESSION Desert Point Tax Increment Area Developers Ben Hawkins and Kevin Edwards provided a slide deck in the meeting packet that summarized the benefits to the economy when infrastructure is financed using a portion of property taxes to stimulate developments more expeditiously. They shared proposals for a Walmart in Ellensburg and a California shopping center that were not developed as well as success story projects. They are offering to facilitate financing with a development agreement to eliminate bond capacity concern. (additional remarks under Future Business) CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:33 p.m. by Mayor Swartz in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Lombardi, Skaug, Fancher, Martinez, and Myers. PLEDGE OF ALLEGIANCE Council Member Skaug led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Martinez moved to approve the Agenda as presented, second by Council Member Lombardi. The motion carried 7 – 0. PRESENTATIONS Wastewater System Plan Resolution 3984 Keller & Associates representative Stillman Norton shared his slide deck to answer Council’s questions in brief from the full executive summary provided in the meeting packet about concurrency, recommended rates, key summaries to correct deficiencies, and plans for new growth. Staff and Council discussed priority and funding of proposed projects. Action taken: Council Member Martinez moved to adopt Resolution 3984 as presented, second by Council Member Fancher. The motion carried 7 – 0. Digital Equity Month Proclamation Mayor Swartz read and presented the proclamation to NCW Technical Alliance’s Technology Program Manager Conrad Billman. Mr. Billman thanked Council and had photo opp with the Mayor. Human Resources Professionals Day Proclamation Mayor Swartz read and presented a proclamation to Human Resources Director Shannon Springer. COMLCouncil Packet 9-23-24 Page 20 of 69 City Council Minutes – September 10, 2024 IT Professionals Day Proclamation Mayor Swartz read and presented a proclamation to Technology Services Director James Richmond. Calling Infrastructure Covenant Process City Engineer Richard Law explained how covenants are established. His slide deck included the eight steps of calling covenants once funds have been budgeted for infrastructure projects. Trails Planning Team Update Design Engineer Levi Bisnett and Plan Consultant Brooklyn Holton provided a slide deck on multimodal planning and implementation that has occurred since 2005, as well as future goals and policies in the works by the Trails Planning Team. A new plan will be presented to the Planning Commission November 14 and to City Council on November 26. CITIZEN’S COMMUNICATION Virginia & Luta St Covenant Michael Rielly, Moses Lake, reviewed the cost percentages that he and his neighbors have received from staff. Council inquired about the changes in cost from original estimate and number of outstanding covenants yet to be called. Homelessness Propositions Joseph Moriarty, Moses Lake, has a contact that will help Grant County establish a faith based transitional housing pilot program for men and women called Jacob’s Little Transformation House. Council requested he prepare a formal presentation on a funding request at a future meeting. Municipal Airport Airport Commissioner Jeremy Davis and his wife Shawna, Moses Lake, advised that a contractor was on the runway measuring for a seal coat project without having a NOTAM issued. Council Member Lombardi followed up with staff to learn that the workers were brought in by the state and the Commissioners will need to work on a process to avoid future incidents. SUMMARY REPORTS MAYOR’S REPORT Grant County Planned Growth Bylaws and Water Utility Charter Grant County’s Building Official Chris Young and Development Services Deputy Director Jim Anderson-Cook attended the last two AGCCT meetings. They have requested each city and town select representatives to join their workshops in updating regional planning documents for anticipated growth and water resources. Council concurred to appoint Council Member Fancher. FUTURE BUSINESS Tax Increment Finance Project Interim City Manager Mike Jackson found that there have been 19 projects approved by the Washington State Treasurer since 2021; 18 utilized General Obligation Bonds, and 1 funded their own. The new Desert Pointe Development Agreement is being reviewed by the City COMLCouncil Packet 9-23-24 Page 21 of 69 City Council Minutes – September 10, 2024 Attorney and then will require approval from the State Treasurer. Council also discussed doing a formal cost analysis and described how the agreement was modeled after Kendall Yards project in Spokane. Staff will provide update to Council on October 8. Mayor Swartz called a 3-minute recess at 9 p.m. CITY MANAGER’S REPORT Graffiti Program Update Code Enforcement Officers Rick Rodriguez, Tina Jewell, and Greg Nevarez provided a slide deck to illustrate graffiti types, statistics, prevention techniques, and coordination efforts of enforcement and clean up between residents and hardware stores. Parks, Recreation, and Cultural Services The opening reception for the Art Works Northwest exhibit will be this Friday, September 13 from 4 p.m. to 7 p.m. at the Civic Center Museum. Parks Director Doug Coutts attended the Moses Lake Irrigation & Rehabilitation District (MLIRD) to discuss transferring ownership of the lake fountain to the city in order to utilize lodging tax for initial repairs of $35k and then execute an interlocal agreement for them to assist the City with annual staging on the lake. The MLIRD would also continue to maintain and pay for the electrical connection. Fountain was donated to MLIRD from Japan Airlines and staff will contact them to see if they have interest in the rehabilitation project. Opioid Settlement Status Carelon Behavioral Health has requested each City in our Region to assign a representative to attend the first virtual meeting to begin the opioid settlement fund administration. Council Member Martinez volunteered to attend since the topic falls in line with her other assignments. CONSENT AGENDA #2 a. Meeting minutes dated August 27, 2024 b. Electronic Transfer: N/A Checks: 166621 - 166855 - $1,666,123.92 Payroll Checks: 08-16-2024 PR, #66404 - 66433 - $16,570.20 Electronic Payments: 08-16-2024 Direct Deposit - $793,248.57 c. Blue Heron Park Film Authorization d. Mason’s Concessionaire Addendum Action taken: Council Member Myers moved to approve the Consent Agenda as presented, second by Council Member Martinez. The motion carried 7 – 0. NEW BUSINESS #3 Nelson Rd Planned Development District Ordinance 3050 Interim Community Development Director Vivian Ramsey provided an overview of the project. Mayor Swartz recited the opening statement for a quasi-judicial proceeding to consider the Hearing Examiner’s recommendation. COMLCouncil Packet 9-23-24 Page 22 of 69 City Council Minutes – September 10, 2024 Testimony was opened at 9:40 p.m. and with no one present for comments, Mayor Swartz closed the hearing. Action taken: Council Member Fancher moved to adopt Ordinance 3050 approving the August 5, 2024, Hearing Examiner Recommended Findings of Fact, Recommended Conclusions of Law, Recommended Conditions of Approval and Recommended Decision of the Nelson Road Planned Development District (PLN2022-0034), allowing for the development of 97 lots for single-family duplex/townhome units and three tracts on the 12.09 acres of property identified under Assessor’s Parcel Number 110050000, second by Council Member Lombardi. The motion carried 6 – 1, Council Member Skaug opposed. #4 Data Services for Tyler EERP Implementation The contract is for extracting and converting data from the current finance software to the new system for accounting, human resources, and utility billing. Action taken: Council Member Lombardi moved to approve the data services for EERP implementation, second by Council Member Skaug. The motion carried 7 – 0. ADMINISTRATIVE REPORTS PFAS Treatment Update City Engineer Richard Law’s slide deck included a timeline of new Department of Ecology testing since April of last year. Several barrels of water were sent to a variety of manufacturers of filtration systems. The recent sampling levels have been sporadic resulting in putting several wells back in service that fell below detection level. Staff are seeking an explanation from experts on spiked results and will continue to collect data prior to pursuing treatment options. COUNCIL COMMUNICATIONS AND REPORTS Council Member Martinez invited everyone to attend the State of the Lake on Monday, September 16 at 6 p.m. in the Civic Center Building which is organized by members of the Moses Lake Watershed Council. Council Member Lombardi advised that the Port of Moses Lake Boeing Airplane storage is in the 70’s. The Port Commissioners are meeting regularly with other Port Districts to share resolution of similarly faced issues. Mayor Swartz invited everyone to attend the unveiling of the new History Exhibit at the Museum at 6 p.m. on September 24. ADJOURNMENT The regular meeting was adjourned at 9:55 p.m. ____________________________________ Dustin Swartz, Mayor COMLCouncil Packet 9-23-24 Page 23 of 69 City Council Minutes – September 10, 2024 ATTEST____________________________ Debbie Burke, City Clerk COMLCouncil Packet 9-23-24 Page 24 of 69 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Mike Jackson, Interim City Manager 19703 Madeline Prentice, Director Finance 9/24/2024 Consent Agenda Disbursement Report since September 10, 2024 City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 1,489,836.19$1,489,836.19$0.00$ Approve payment of claims as presented. The following amounts were budgeted, and sufficient funds were available to cover these payments. Electronic Transfer: N/A Checks: 167011 - 167144 - $710,782.44 Payroll Checks: 09-13-2024 PR, #66434 - 66470 - $20,375.11 Electronic Payments: 09-13-2024 Direct Deposit - $758,678.64 Vouchers - 09.24.2024.pdf 112.84KB COMLCouncil Packet 9-23-24 Page 25 of 69 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body had adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City's internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in place. Options and Results Approve N/A Staff would recognize claims as receivables and pursue collections. COMLCouncil Packet 9-23-24 Page 26 of 69 TOTALS BY FUND: FUND NO FUND NAME Est. Fund Bal. 9/1/2024 AMOUNT Est. Fund Bal. 9/24/2024 001 GENERAL FUND 10,390,887 100,388.57 10,290,499 102 TOURISM 1,996,189 871.58 1,995,317 103 GRANTS AND DONATIONS 1,220,710 3,211.71 1,217,499 105 ARPA 3,043,150 - 3,043,150 110 HOMELESS SERVICES 597,398 14,632.66 582,765 111 OPIOID ABATEMENT 310,192 - 310,192 112 PUBLIC ARTS FUND 49,824 - 49,824 114 PATHS/TRAILS 94,279 - 94,279 116 STREET 864,714 1,267.66 863,446 119 STREET REPR/RECON 3,673,138 - 3,673,138 170 TRANSPORTATION BENEFIT DISTRICT 2,195,787 - 2,195,787 282 LOCAL BORROWING 984,872 - 984,872 286 REFUNDING GO BONDS 2015 184,980 - 184,980 314 PARK & RECREATION IMPROVEMENTS 670,936 - 670,936 315 PARK MITIGATION CAPITAL PROJECTS 21,837 - 21,837 316 COMMUNITY SERVICES CENTER - - - 320 FIRE MITIGATION FUND 866,701 - 866,701 322 WATER REMIDIATION 1,549,538 36,732.60 1,512,805 410 WATER/WASTEWATER 9,854,442 191,069.51 9,663,373 450 2011 BOND FUND 10,304 - 10,304 451 2011 BOND FUND - RESERVE - - - 452 2004 BOND FUND 5,792 - 5,792 453 2004 BOND FUND - RESERVE 40,600 - 40,600 471 WATER RIGHTS 1,591,683 - 1,591,683 477 WATER SEWER CONSTRUCTION 4,270,074 26,871.50 4,243,202 485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196 487 2015 GO BONDS REDEMPTION 9,534 - 9,534 490 SANITATION 2,521,936 57,781.25 2,464,155 493 STORM WATER 852,744 - 852,744 495 AIRPORT 218,135 158,937.19 59,197 498 AMBULANCE 902,396 18,436.05 883,960 501 UNEMPLOYMENT COMPENSATION INSURANCE 171,812 - 171,812 503 SELF-INSURANCE 366,819 - 366,819 517 CENTRAL SERVICES 913,675 29,169.57 884,506 519 EQUIPMENT RENTAL 2,470,190 27,520.02 2,442,670 528 BUILDING MAINTENANCE 2,412,540 1,052.30 2,411,487 611 FIRE PENSION 549,371 - 549,371 623 DEPOSIT 1,108,784 42,774.02 1,066,010 631 STATE 30,058 66.25 29,992 TOTAL 57,036,217$ 710,782.44$ 56,325,434$ City of Moses Lake Tabulation of Claims Paid-Summary by Fund Council Meeting Date- 09/24/2024 COMLCouncil Packet 9-23-24 Page 27 of 69 Check Name Check Amount Check Date Invoice Description 167011 Adrock Realty LLC 82.66 09/04/2024 Refund Utility Overpayment 167012 Adrock Realty LLC 86.11 09/04/2024 Refund Utility Overpayment 167013 ALDERBROOK HOMES 48.70 09/04/2024 Refund Utility Overpayment 167014 Alex or Natalie Strandgard 502.35 09/04/2024 Refund Utility Overpayment 167015 ARIEL GARZA 4.65 09/04/2024 Refund Utility Overpayment 167016 BC Montana LLC 3.74 09/04/2024 Refund Utility Overpayment 167017 Becky or Marcelino Garcia 309.11 09/04/2024 Refund Utility Overpayment 167018 BRIAN SPRINKLE 240.25 09/04/2024 Refund Utility Overpayment 167019 Charles or Viki Green 359.23 09/04/2024 Refund Utility Overpayment 167020 D2 Commercial Lending LLC 100.00 09/04/2024 Refund Utility Overpayment 167021 D2 Commercial Lending LLC 69.75 09/04/2024 Refund Utility Overpayment 167022 ELAINE HAMILTON 144.38 09/04/2024 Refund Utility Overpayment 167023 Esther Cauch 913.44 09/04/2024 Refund Utility Overpayment 167024 HANSEN RICE 1,528.89 09/04/2024 Refund Utility Overpayment 167025 Jeffrey or Patricia Voth 399.19 09/04/2024 Refund Utility Overpayment 167026 Lisa or Douglas Ashe 1,578.97 09/04/2024 Refund Utility Overpayment 167027 Manuel or Licha Vela 12.23 09/04/2024 Refund Utility Overpayment 167028 Michael or Denise Parker 343.76 09/04/2024 Refund Utility Overpayment 167029 NEST PROPERTY SOLUTIONS LLC 92.34 09/04/2024 Refund Utility Overpayment 167030 NOFFKE HOMES LLC 178.76 09/04/2024 Refund Utility Overpayment 167031 NW Roth Investment #3 LLC 189.54 09/04/2024 Refund Utility Overpayment 167032 Scott or Julie Birdsell 19.82 09/04/2024 Refund Utility Overpayment 167033 SHANE GEHIN 440.00 09/04/2024 Refund Utility Overpayment 167034 The Estate of Donald H Ness 115.47 09/04/2024 Refund Utility Overpayment 167035 Volga Rentals LLC 349.51 09/04/2024 Refund Utility Overpayment 167036 A & H Printers Inc 138.88 09/10/2024 Business Cards 167037 Affordable Auto Repair Inc 176.86 09/10/2024 Drug Seizure Vehicle Maintenance 167038 Amazon Capital Services, Inc.6,608.23 09/10/2024 Supplies- Multiple Departments 167039 Anatek Labs, Inc.585.00 09/10/2024 Sample Testing 167040 Anatek Labs, Inc. -Yakima 740.00 09/10/2024 Sample Testing 167041 Aspect Consulting 4,276.50 09/10/2024 ASR Grant. GC2023-174 167042 Assoc Of Grant Co Cities 225.00 09/10/2024 Annual Dues/Meeting Meals 167043 AT&T Mobility II, LLC 788.12 09/10/2024 First Responder Lines 167044 Badger Meters Inc 175,379.40 09/10/2024 Meters/Meter Parts 167045 Barbara Harris 27.30 09/10/2024 Consignment Sales 167046 Barbara Nickerson 33.60 09/10/2024 Consignment Sales 167047 Basin Septic Services Inc 1,586.96 09/10/2024 Portable Toilet Services 167048 Battery Systems Inc 98.29 09/10/2024 HDX-12 Battery 167049 Bethany Rose Iverson 28.00 09/10/2024 Consignment Sales 167050 Bigfoot Distributing INC.5,125.00 09/10/2024 Max Multi Application Exchanger 167051 Bowman Consulting Group Ltd.9,190.00 09/10/2024 Water/Sewer Rate Study 167052 Bud Clary Ford LLC 647.28 09/10/2024 Seat Belt Assembly 167053 Cascade Natural Gas Corp 85.36 09/10/2024 Natural Gas Utility 167054 Cegnar Company 326.28 09/10/2024 Dano Park Futsal 1 Load 167055 Centurylink 3,160.28 09/10/2024 Telephone Services City of Moses Lake Checks Issued with Summary Description For September 24th, 2024 Council Meeting COMLCouncil Packet 9-23-24 Page 28 of 69 167056 Centurylink 561.64 09/10/2024 Telephone Services 167057 Columbia Basin Herald 1,676.15 09/10/2024 Advertising Services 167058 Columbia Bearing Bdi 26.89 09/10/2024 V-Belts 167059 Connell Oil 232.60 09/10/2024 Absorbent Pads/Washer Fluid 167060 Consolidated Disposal Service 49,714.30 09/10/2024 Disposal Loads/Transfer Stations 167061 Consolidated Electrical Distributors Inc 99.91 09/10/2024 General Park Tool 167062 Copiers Northwest Inc 471.09 09/10/2024 Equipment Contract Fees 167063 Datafy, LLC 871.58 09/10/2024 Monthly Analytics 167064 Deborah Goodrich Chittenden 133.00 09/10/2024 Consignment Sales 167065 Dell Marketing 262.42 09/10/2024 Keyboard/Mouse/Monitors- Stock 167066 Deon C. Matzen 446.54 09/10/2024 Consignment Sales 167067 Devries Information Mgmt 49.68 09/10/2024 On Site Record Destruction 167068 Empire Insignias 205.00 09/10/2024 TRT Shoulder Patches 167069 EMS Technology Solutions, LLC 5,370.75 09/10/2024 Minor Equipment, RFID Readers 167070 Faber Industrial Supply 334.01 09/10/2024 Spray Paint/Marking Paint/Shop Towels 167071 Ferguson Enterprises Inc #3007 79.99 09/10/2024 Pool Cleaner 167072 Fishingmagician.com 1,400.00 09/10/2024 LTAC Advertising 167073 Galls LLC 199.15 09/10/2024 Uniform 167074 Grant County Animal Outreach 8,333.00 09/10/2024 September 2024 Contract Contribution 167075 Ground Works Three, LLC 5,041.67 09/10/2024 Rental @ Sleep Center- September 24 167076 H D Towing And Repair 651.00 09/10/2024 Towing 167077 Ibs Inc 580.47 09/10/2024 Shop Towels 167078 Instrument Techonology Corp 7,245.55 09/10/2024 Utility Locator 167079 Jerrys Auto Supply 1,228.61 09/10/2024 Equipment Parts/Supplies 167080 John W Lawton 28.00 09/10/2024 Consignment Sales 167081 Katherine Da Silva 27.30 09/10/2024 Consignment Sales 167082 Keller Associates 1,410.00 09/10/2024 Wastewater Comp Plan-GC2021-055 167083 Kelley Create 391.87 09/10/2024 Equipment Contract Fees 167084 Kottkamp & Yedinak, P.L.L.C.1,715.00 09/10/2024 Planning Pro Services 167085 Lad Irrigation Company Inc 7,669.64 09/10/2024 Dick Deane Park Lake Water Conversion 167086 Lance, Soll & Lunghard, LLP 600.00 09/10/2024 Finance Pro Services 167087 Life -Assist, Inc.564.89 09/10/2024 Medical Supplies 167088 Localtel Communications 1,388.25 09/10/2024 Internet Services 167089 Maria Morales 29.40 09/10/2024 Consignment Sales 167090 Martin Law LLP 32,456.10 09/10/2024 Water Remidiation Services 167091 Martin Schempp 138.60 09/10/2024 Consignment Sales 167092 Media Index Publishing 1,000.00 09/10/2024 LTAC Advertising 167093 Meghanne Davis 46.20 09/10/2024 Consignment Sales 167094 Michael Reed 44.10 09/10/2024 Consignment Sales 167095 Moon Security Services Inc 689.18 09/10/2024 Security Services 167096 Moses Lake Steel Supply 12.02 09/10/2024 Supplies/Parts 167097 Multi Agency Comm Center E911 69,185.23 09/10/2024 Emergency Dispatch Services 167098 Norco Enterprises Inc 274.73 09/10/2024 Supplies 167099 North 40 Outfitters 189.22 09/10/2024 Supplies 167100 Northland Cable Television, Inc 99.95 09/10/2024 Internet Backup 167101 NYS Child Support Prosessing Center 184.61 09/10/2024 Gilmartin Child Support 167102 Office of Financial Recovery 265.00 09/10/2024 Torrey Garnishment 167103 Oreilly Auto Parts 53.47 09/10/2024 Spark Plugs 167104 Parker Corporate Services, Inc 8,414.01 09/10/2024 Security Services- Sleep Center 167105 Pasco Tire Factory, INC 231.98 09/10/2024 Loose Tires COMLCouncil Packet 9-23-24 Page 29 of 69 167106 Phyllis Pufahl 35.00 09/10/2024 Consignment Sales 167107 Platt Electric 16.10 09/10/2024 Rink Supplies 167108 Protect Youth Sports 103.90 09/10/2024 Background Checks 167109 R W C International, LTD 15,719.54 09/10/2024 Diagnose & Repair Equipment 167110 RH2 Engineering Inc.25,461.50 09/10/2024 On-Call Electrical Engineering Services 167111 SCJ Alliance 460.00 09/10/2024 Development/Zoning Pro Services 167112 Sea Western Inc 14.25 09/10/2024 Structure Boot 167113 Sebastian Moraga 214.40 09/10/2024 Translation Service 167114 Sharon R Morley 29.40 09/10/2024 Consignment Sales 167115 Sherwin-Williams 1,630.75 09/10/2024 Paint/Paint Supplies 167116 SHI International, Inc 13,510.15 09/10/2024 Sophos Anti-Virus & Network Protection 167117 Shirtbuilders Inc 1,338.91 09/10/2024 Employee Apparel 167118 Silvie Valdez 808.50 09/10/2024 Rec Program Fees 167119 Skaug Brothers Glass 339.74 09/10/2024 Pool Entrance Repair 167120 Smarsh Inc 415.33 09/10/2024 Professional Archive 167121 The Wide Format Company 365.65 09/10/2024 Bond Paper For KIP Printer 167122 Titan Machinery, Inc.80.47 09/10/2024 Spray Truck Supplies 167123 Titan Truck Equipment 2,317.71 09/10/2024 Drawer Unit 167124 Tommer Construction Co Inc 45,768.10 09/10/2024 Retainage Release GC2022-058 167125 Turf Star Western 765.64 09/10/2024 Equipment Parts/Supplies 167126 Usa Blue Book 3,634.84 09/10/2024 Kit for A & M3 Pumps 167127 Washington State Patrol 134.75 09/10/2024 Background Checks 167128 Weinstein Beverage Company 845.25 09/10/2024 Water/Restroom Supplies 167129 Western Integrated Technologies, Inc 23.24 09/10/2024 Hose/Clamps 167130 William Scotsman, Inc 956.98 09/10/2024 Toilet/Ramp Rental @ Sleep Center-Sept. 167131 Omar Ramirez 2,358.21 09/10/2024 Replenish Buy Money 167132 Adrian Flores 58.00 09/12/2024 EVT Conference Per Diem 167133 Alaina Morgan 88.00 09/12/2024 WFOA Conference Per Diem 167134 Brianna Schick 37.00 09/12/2024 Awarding Agency Training 167135 Caitlin Carter 434.00 09/12/2024 2024 NW ICAC Conference 167136 Don Terrell 58.00 09/12/2024 Road & Street Maint Conference 167137 Edmund Guerrero 434.00 09/12/2024 2024 NW ICAC Conference 167138 Jovita Cantu 134.00 09/12/2024 Conference Per Diem 167139 Juan Serrato 424.00 09/12/2024 NW ICAC Conference 2024 167140 Tamara Valdez 43.00 09/12/2024 WMCA Fall Conference 2024 167141 Tom Los 136.00 09/12/2024 Aquatics Network Conference 167142 Michael D. Jackson 2,900.00 09/12/2024 Rent- September 2024 167143 WSDOT Accounting & Financial Services 158,937.19 09/13/2024 CARB Loan Payoff- Agreement GCB 3430 167144 Wendy Parks 88.00 09/13/2024 WFOA Conference 2024 710,782.44$ COMLCouncil Packet 9-23-24 Page 30 of 69 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Mike Jackson, Interim City Manager 19610 Madeline Prentice Finance 9/24/2024 Consent Agenda Set 2025 Property Tax and Budget Public Hearings City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommends City Council set the dates for public hearings regarding the 2025 Budget and Property (Ad Valorem) Tax levy as presented. In accordance with Washington State law, it is necessary to schedule: A public hearing to review Revenue Sources and Consideration of Legislation pertaining to Ad Valorem (Property) Tax to be levied for collection in 2025; and Two public hearings on the 2025 Preliminary Budget. Staff requests that Council set the date of October 22, 2024 for the public hearing on the 2025 Property (Ad Valorem) Tax and the first public hearing on the 2025 Budget; and November 12, 2024 for the second public hearing on the 2025 Budget. The 2025 Preliminary Budget document will be posted on the City's website on November 4, 2024. N/A Options and Results Notice of hearings will be published in local paper and on city's website. COMLCouncil Packet 9-23-24 Page 31 of 69 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. Staff will bring back optional dates for setting the hearings. COMLCouncil Packet 9-23-24 Page 32 of 69 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Mike Jackson, Interim City Manager 19359 Brian Baltzell, Public Works Director Public Works 9/24/2024 Consent Agenda Accept Well 17 Clay Remediation Project (GC2023-166) City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ City staff recommends City Council motion to formally accept the Well 17 Clay Remediation Project (GC2023- 166) Final Pay Estimate (2)- Signed.pdf 107.25KB Well 17 has been producing levels of clay in the water that have been prematurely clogging filters used by some of the industries served in the Wheeler pressure zone. After working with industry experts to measure the range of clay particle sizes through sieve testing, and researching various filter options, city staff developed a design to incorporate centrifugal filters into the plumbing system for the well. Now installed, these filters are expected to remove a minimum of 93% of the existing clay. As the well flows more water, it is possible that the levels of clay produced will continue to lessen with time. Well 17 is an important source of water for the Wheeler pressure zone and the industries served in that zone. This is an important project for improving the quality of water produced by Well 17. The project is now complete and ready for acceptance. All aspects of the project have been inspected and all punch list items are complete. Upon formal acceptance, the process to release the retainage bond will start and the 2-year warranty period will begin. Options and Results COMLCouncil Packet 9-23-24 Page 33 of 69 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Staff will send a Notification of Acceptance letter to the contractor. Staff will bring back options for recommended changes. The project will not be formally accepted at this time. COMLCouncil Packet 9-23-24 Page 34 of 69 COMLCouncil Packet 9-23-24 Page 35 of 69 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Mike Jackson, Interim City Manager 19680 Brian Baltzell, Public Works Director Public Works 9/24/2024 Consent Agenda Extra Territorial at 740 Easy Street (Wedum) City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommends a City Council motion to authorize the Interim City Manager to sign an Extra Territorial Agreement for residential water service with the property owner of parcel # 12-095-6036 at 740 NE Easy St. Formal request to connect to water 740 Easy Street NE Moses Lake Wa. 98837.msg 146KB Wedum 740 Easy St. Extra Territorial Agreement.docx 35.38KB Eric Wedum and Krisi Wedum request approval to connect to the City's water system to serve a single-family residence. The property is located outside of the current City limits and is inside the UGA as defended in the most current Grant County Comprehensive Plan. The owner will be required to sign an Extra Territorial Agreement (ETA) to connect to City water. The ETA must be in place before a permit issued for connection to City service. The property owner would be required to use a source other than potable water for ornamental landscape irrigation. Ornamental landscape is defined as shrubs, bushes, flowers, ground cover, turf, lawns, and grass planted for the purpose of improving the aesthetic appearance of property, but does not include crops or other agricultural products or special landscape areas. The City will receive water service fees for the residence being served. Options and Results The Interim City Manager can execute Extra Territorial Agreement with the property owners. COMLCouncil Packet 9-23-24 Page 36 of 69 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. The property owner would not connect to the City's utility and would pursue other options to provide water service to the property. COMLCouncil Packet 9-23-24 Page 37 of 69 1 Debbie Burke From:eric totalautocarewa.com <eric@totalautocarewa.com> Sent:Monday, September 9, 2024 4:35 PM To:Jason Grubb Subject:Formal request to connect to water 740 Easy Street NE Moses Lake, Wa. 98837 Caution! This message was sent from outside your organization. Allow sender | Block sender | Report This Is a formal request to connect to the city water in front of my house being constructed at 740 Easy Street NE Moses Lake, Wa. 98837 My contact info is Eric@totalautocarewa.com My cell # is 253-335- 9641 and my name is Eric Wedum COMLCouncil Packet 9-23-24 Page 38 of 69 RECORD AND RETURN TO Construction Management Program City of Moses Lake P. O. Box 1579 Moses Lake, WA 98837 EXTRA TERRITORIAL UTILITY EXTENSION AGREEMENT Grantor: Eric B and Kristi A Wedum Grantee: The City of Moses Lake, WA Legal Desc. LOT 9 SOUTH HILLS Assessor’s Tax Parcel No. 12-095-6036 1. Parties: The parties to this Agreement are the City of Moses Lake, Washington (herein City), a municipal corporation of the State of Washington, located entirely within Grant County, Washington, and Eric B and Kristi A Wedum (herein Developer). 2. Recitals: 2.1 The City is the owner of a municipal water and sewer system which operates within the City limits and adjacent to real property near Moses Lake, Washington. 2,2 Developer desires to receive water utility service from the City for use upon Developer's real property located more than one quarter mile from the corporate limits of the City and located within the City’s Urban Growth Area (UGA). 2.3 The City, pursuant to Resolution No. 3509, requires that all contiguous and non-contiguous real property which receives water and/or sewer utility services from the City be subject to an agreement which affects the use of the real property served by the City utilities, restricts expansion of City utility services beyond those contracted for, and creates a covenant running with the land. 2.4 Developer is fully aware of the restrictions imposed upon Developer and Developer's successor(s), heir(s), and assign(s) by City Resolutions No. 3509 and enters into this Agreement freely and voluntarily. 3. Agreement: It is agreed by and between the parties as follows: 3.1 The City will provide the water utility services listed below to Developer at the premises stated, pursuant to the terms of this Agreement. 3.2 The real property to be serviced is located within the City’s UGA and is described per Grant County Assessor records as: LOT 9 SHOUTH HILLS COMLCouncil Packet 9-23-24 Page 39 of 69 3.3 This Agreement shall be filed for record in the Office of the Grant County Auditor and shall be in the nature of a covenant running with the premises. It is the intent of Developer to have this Agreement, so long as it is in force, to be considered, interpreted, and regarded as a covenant running with the land as to the premises. 3.4 All connections to the City water system or to the City sewer system shall comply with the ordinances and rules of the City with respect to the appropriate utility. Any connection to the City’s water and/or sewer system is subject to payment for the utility service of a rate established by the City which shall be subject to adjustment from time to time by the Moses Lake City Council. The availability of the utility authorized by this Agreement is subject to the capacity of the City's water system and sewer system. 3.5 The water delivered pursuant to this Agreement shall be the same as other water delivered within the City’s system. The City makes no warranty as to such water quantity or quality other than it shall be delivered in accordance with the regulations applicable to city water systems. 3.6 The water service provided by the City is for one service connection to serve a single family residence. 3.7 The water service provided by the City shall not be used for irrigation of ornamental landscape purposes. Irrigation of ornamental landscape shall come from a source other than the potable water supplied by the City. Ornamental landscape is defined as shrubs, bushes, flowers, ground cover, turf, lawns, and grass planted for the purpose of improving the aesthetic appearance of property, but does not include crops or other agricultural products or special landscape areas. 3.8 Developer agrees and covenants that all sewer and/or water utility system components to be built and attached to the City's utility system shall be built to City standards. The standards applied by the City may include requiring construction in excess of that minimally required to connect the premises to City utilities where such additional construction is consistent with a City plan of service within the area of the premises. 3.9 Developer agrees and covenants that the premises will not be used in any manner or for any purpose inconsistent with or contrary to the land use controls in place as those controls now exist or as they may be from time to time altered, amended, or re-adopted. The Developer acknowledges the premises are subject to development pursuant to regulations administered by Grant County. The Developer agrees the City may impose development conditions greater than those imposed by Grant County, but in no event greater than those imposed for similar development within the City’s limits, as a condition of receiving utility services under this Agreement. The premises currently are used in a manner consistent with the existing land use controls. 3.10 This Agreement is entered into by the City based on the utility uses identified above and the land uses identified by the Developer for the premises. Developer or the successor holder of the fee title to the premises shall be bound by this Agreement and be responsible to perform under this Agreement. No subsequent leasehold, joint venture, or other tenancy or use agreement shall relieve the Developer or the Developer’s successor in interest from performing under this Agreement. To continue this Agreement in effect and to continue a delivery of the identified utilities, any successor in interest shall execute an acknowledgment of this Agreement, Covenant, and Power of Attorney in a form approved by the City. 3.11 Developer shall execute contemporaneously with this Agreement the subjoined Power of Attorney and subjoined Covenant respecting the annexation of the premises by the City. This COMLCouncil Packet 9-23-24 Page 40 of 69 Power of Attorney is executed, as is this Agreement, by Developer with a full understanding that Developer may be waiving and transferring to the City a valuable right as a landowner as respects annexation by the City. Developer waives any objection to annexation by the City. Developer acknowledges Developer has relied solely upon Developer's own legal counsel and fully understands the legal rights Developer is or may be surrendering to the City by the execution of this Agreement and the subjoined Covenant and Power of Attorney. 3.12 Developer understands the delivery of utility services to these premises so long as they remain outside the corporate limits of the city, is a discretionary act of the City and the execution of this Agreement and performance hereunder are not intended and shall not be considered as an indication by the City of the intention to become a general provider of utility service beyond the terms of this contract, to these premises or any other lands located outside the corporate limits of Moses Lake. 3.13 Developer acknowledges that so long as the premises remain outside the corporate limits of the City, any or all utility service provided under this Agreement by the City are, or may become subject to, surcharges and/or increased charges in addition to the charges to similar customers located within the corporate limits. 3.14 Developer agrees that payment of service charges, surcharge assessments, and/or additional charges required by City ordinances to be paid for the utility services mentioned above will in no way relieve the premises from Developer's share of any future Local Improvement District or Utility Local Improvement District payments which may be assessed to pay all or a portion of the expenses of installing main or mains, together with necessary valves, fire hydrants, pipe fittings and all other appurtenances which may be installed to serve a district which includes the premises. 3.15 Developer agrees that in the event of a sale, gift, transfer, segregation, assignment, or device of Developer's fee interest in the premises it will disclose the existence of this Agreement. 3.16 In the event of a breach of this Agreement by the Developer or any successor in interest, this Agreement, and all deliveries of utilities hereunder, shall be subject to termination thirty (30) days after notice to the Developer of the breach if the breach has not been cured. 3.17 In the event the premises is delivered City utilities pursuant to this Agreement and the premises become located outside the City’s UGA, this Agreement shall be deemed to have been terminated as provided for in the provisions dealing with the term of this Agreement. The period of termination shall begin upon the date the premises become located outside the City’s UGA unless the parties agree otherwise in writing. 3.18 The permission to obtain City utilities contained in this Agreement shall lapse and become null and void if the premises are not connected to the City’s utility system within two (2) years of the execution of this Agreement. Except there shall be no limitation for residential properties up to nine (9) lots from the date the commitment is given. 4. Term: This Agreement shall be in effect so long as Developer abides, observes, and performs this Agreement and the premises remains outside the corporate limits of the City of Moses Lake. This Agreement may be terminated by either party giving at least eighteen (18) months written notice of termination to the other, unless a shorter notice is agreed to in writing. Upon annexation of these entire premises into the City of Moses Lake, this Agreement and the subjoined Covenant and Power of Attorney shall terminate and be of no further force or effect. Dated: ____________________________________ Dated: _______________________________ COMLCouncil Packet 9-23-24 Page 41 of 69 By _______________________________________ By__________________________________ Eric B Wedum Kristi A Wedum State of Washington County of Grant I certify that I know or have satisfactory evidence that Eric B Wedum and Kristi A Wedum signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ Dated: _______________________________ By __________________________________ Mike Jackson-Interim City Manager Approved by Council State of Washington County of Grant I certify that I know or have satisfactory evidence that Mike Jackson signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Interim City Manager of the City of Moses Lake to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ Approved by City Council: _____________________ COMLCouncil Packet 9-23-24 Page 42 of 69 COVENANT RUNNING WITH THE LAND 1. Basis: The foregoing Extra Territorial Utility Extension Agreement shall be deemed to be a covenant running with the land affecting the entire premises described above. Such Covenant shall be recorded with the Grant County Auditor and become a covenant of record. Such Covenant shall remain in full force and effect for the life of the Extra Territorial Utility Extension Agreement. Any attempt to cancel, restrict, or modify this Covenant independent of the Extra Territorial Utility Extension Agreement shall terminate said Agreement immediately unless such cancellation, modification, or restriction is agreed to by the Moses Lake City Council. This Covenant shall expire and be of no further force or effect upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the City of Moses Lake. 2. Creation: Developer, as the owner in fee simple of the above-described premises, hereby creates a covenant running with the land to affect and include the entire described premises. That Covenant shall include all the terms, conditions, limitations, and obligations of the Extra Territorial Utility Extension Agreement above. Dated: ____________________________________ Dated: _______________________________ By _______________________________________ By ___________________________________ Eric B Wedum Kristi A Wedum State of Washington County of Grant I certify that I know or have satisfactory evidence that Eric B Wedum and Kristi A Wedum, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ COMLCouncil Packet 9-23-24 Page 43 of 69 POWER OF ATTORNEY 1. Appointment: Developer hereby makes, constitutes, and appoints the City of Moses Lake, Washington Developer's true and lawful attorney for Developer and in Developer's name, place, and stead for the purposes stated herein. 2. Independent Advice: Developer has executed this Power of Attorney for the purposes stated after having a full understanding of the implications of the execution of this instrument. This Power of Attorney is also executed after being fully advised by Developer's own counsel as to the power being conveyed to the City of Moses Lake and with a full appreciation and waiver of any rights being abrogated. 3. Purpose: Developer appoints the City of Moses Lake as Developer's attorney for the purpose of executing any and all documents, petitions, requests, letters, or the like necessary or desirable in the process of the annexation of the premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake. 4. Termination: This Power of Attorney may be revoked by Developer only upon the termination of the forgoing Extra Territorial Utility Extension Agreement, or upon the consent of the City of Moses Lake's City Council. The continued validity, viability, and existence of this Power of Attorney is a prerequisite of continued utility service delivery to the premises under the terms of the Extra Territorial Utility Extension Agreement by the City of Moses Lake. Termination of this Power of Attorney by Developer shall immediately and automatically terminate the Extra Territorial Utility Extension Agreement between Developer and the City of Moses Lake. This Power of Attorney is deemed revoked automatically upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake. By _______________________________________ By ___________________________________ Eric B Wedum Date Kristi A Wedum Date State of Washington County of Grant I certify that I know or have satisfactory evidence that Eric B Wedum and Kristi A Wedum, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ COMLCouncil Packet 9-23-24 Page 44 of 69 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Mike Jackson, Interim City Manager 19593 Brian Baltzell, Public Works Director Public Works 9/24/2024 Consent Agenda Extra Territorial Sandcastle Estates 1 Phase 2 Lot 7 (Schneider) City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommends Council motion to approve for LOT 7 Sandcastle Estates 1 Phase 2 to connect to the Lowlander Wastewater Company Inc.'s sewer force main. Agreement Allowing Connection to City's Wastewater Treatment Facilities.pdf 522.11KB Sandcastle Estates 1 Phase 2.docx 62.05KB Schneider Extra Territorial Agreement.docx 36.93KB The developer for the Sandcastle Estates 1 Phase 2 development installed gravity sewer to serve sixteen (16) lots fronting Stacy Dr. which discharges to a lift station at the corner of Goodrich Rd. NE and Stacy Dr. SE. Sandcastle Estates 1 Phase 2 sewer is served by the Lowlander Wastewater Company Inc private on-site sewer force main. The Lowlander system is a LOSS system licensed by the Department of Health and managed as a private system. The Lowlander system has a private li staon that pumps to a City sewer main. The Lowlander system is connected to the City's 20' sewer force main at the intersecon of Potato Hill Rd.NE and Goodrich Rd. NE. The Sandcastle 1 Phase 2 sewer system is a private system that is not maintained by the City of Moses Lake. This private gravity sewer system was inspected by the City and installed to City Standards. The Lowlander Sewer System has an agreement with the City of Moses Lake for a defined number of services. Lowlander Wastewater Company Inc. has the capacity to serve the remaining undeveloped lots of Pelican Point Addition #3 and the 16 lots of Sandcastle Estates 1 Phase 2. No other connections to the system are authorized. COMLCouncil Packet 9-23-24 Page 45 of 69 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The developer of Sandcastle Estates 1 Phase 2 has paid the sewer system development charges for the authorized connections to the Lowlander Wastewater Company Inc. The effluent flow from the Lowlander Wastewater Company Inc. shall be measured using a flow meter to determine the amount of septic system effluent entering the City's wastewater treatment facilities. The septic tanks connected to the Lowlander Wastewater Company Inc.'s on-site sewer system shall be pumped every four years with the Lowland Wastewater Company Inc. supplying to the City the pumping tickets as per the agreement that is currently in place. Options and Results The property owner will be allowed to connect to the Lowlander Wastewater Company Inc.'s private system and construct a single family residential home. Staff will bring back options for recommended changes. The property will not be allowed to connect to the Lowlander Wastewater Company Inc.'s system and will not be allowed to develop this property. COMLCouncil Packet 9-23-24 Page 46 of 69 COMLCouncil Packet 9-23-24 Page 47 of 69 COMLCouncil Packet 9-23-24 Page 48 of 69 COMLCouncil Packet 9-23-24 Page 49 of 69 COMLCouncil Packet 9-23-24 Page 50 of 69 COMLCouncil Packet 9-23-24 Page 51 of 69 COMLCouncil Packet 9-23-24 Page 52 of 69 City Manager 764-3713 · City Attorney 764-3703 · Community Development 764-3750 · Finance 764- 3717 · Fire 765-2204 Municipal Services 764-3783 · Municipal Court Clerk 764-3713 · Parks & Recreation 764-3805 · Fax 764-3739 401 S. Balsam Street · P.O. Drawer 1579 · Moses Lake, WA 98837 · www.cityofml.com July 13, 2020 Grant County Building Department Marina Whitmore- Permit Technician P.O. Box 37 Ephrata, WA 98823 RE: NEW RESIDENTUAL CONSTRUCTION SANDCASTLE ESTATES 1 PHASE 2 LOTS 1-16 SANDCASTLE ESTATES 1 PHASE 2 SECTIONS 3 & 4 TOWNSHIP 18N RANGE 28E SEWER AVAILABILITY Dear Marina, The improvements for Sandcastle Estates 1 Phase 2 are nearly complete. As part of the improvements the Developer installed gravity sewer to serve the 16 lots of the plat. The sewer was installed to City of Moses Lake standards and inspected and tested by Development Engineering. Sandcastle Estates 1 Phase 2 sewer is served by the Lowlander sewer system. The Lowlander system is a LOSS system licensed by the Department of Health and managed as a private system. The Lowlander system has a private lift station that pumps to a City sewer main. The Sandcastle 1 Phase 2 sewer system is a private system that is not maintained by the City of Moses Lake. The Lowlander Sewer System has an agreement with the City of Moses Lake for a defined number of services. Lowlander has the capacity to serve the remaining undeveloped lots of Pelican Point Addition #3 and the 16 lots of Sandcastle Estates 1 Phase 2. No other connections to the system are authorized. This letter will serve to confirm the City of Moses Lake has the wastewater capacity to serve the additional 16 services created as part of Sandcastle 1 phase 2. If you have any questions or require any additional information, please contact my office at 509-764- 3780. Sincerely, Rob Harris Development Engineering Manager Municipal Services Department COMLCouncil Packet 9-23-24 Page 53 of 69 RECORD AND RETURN TO Development Engineering City of Moses Lake P. O. Box 1579dddd Moses Lake, WA 98837 EXTRA TERRITORIAL UTILITY EXTENSION AGREEMENT Grantor: Josef Schneider Arta Schneider Grantee: The City of Moses Lake, WA Legal Desc. LOT 7 SANDCASTLE ESTATES 1 PHASE 2 Assessor’s Tax Parcel No. 12-095-0339 1. Parties: The parties to this Agreement are the City of Moses Lake, Washington (herein City), a municipal corporation of the State of Washington, located entirely within Grant County, Washington, and Josef Schneider and Arta Schneider (herein Developer). 2. Recitals: 2.1 The City is the owner of a municipal water and sewer system which operates within the City limits and adjacent to real property near Moses Lake, Washington. 2,2 Developer desires to receive water and/or sewer utility service from the City for use upon Developer's real property located more than one mile from the corporate limits of the City and located within the City’s Urban Growth Area (UGA). 2.3 The City, pursuant to Resolution No. 3509, requires that all contiguous and non-contiguous real property which receives water and/or sewer utility services from the City be subject to an agreement which affects the use of the real property served by the City utilities, restricts expansion of City utility services beyond those contracted for, and creates a covenant running with the land. 2.4 Developer is fully aware of the restrictions imposed upon Developer and Developer's successor(s), heir(s), and assign(s) by City Resolutions No. 3509 and enters into this Agreement freely and voluntarily. 3. Agreement: It is agreed by and between the parties as follows: 3.1 The City will provide the water and or sewer utility services listed below to Developer at the premises stated, pursuant to the terms of this Agreement. 3.2 The real property to be serviced is located within the City’s UGA and is described per Grant County Assessor records as: LOT 7 SANDCASTLE ESTATES 1 PHASE 2 COMLCouncil Packet 9-23-24 Page 54 of 69 3.3 This Agreement shall be filed for record in the Office of the Grant County Auditor and shall be in the nature of a covenant running with the premises. It is the intent of Developer to have this Agreement, so long as it is in force, to be considered, interpreted, and regarded as a covenant running with the land as to the premises. 3.4 All connections to the City water system and/or to the City sewer system shall comply with the ordinances and rules of the City with respect to the appropriate utility. Any connection to the City’s water and/or sewer system is subject to payment for the utility service of a rate established by the City which shall be subject to adjustment from time to time by the Moses Lake City Council. The availability of the utility authorized by this Agreement is subject to the capacity of the City's water and/or sewer system. 3.5 The water delivered pursuant to this Agreement shall be the same as other water delivered within the City’s system. The City makes no warranty as to such water quantity or quality other than it shall be delivered in accordance with the regulations applicable to city water systems. 3.6 The sewer utility service provided by the City is for one service connection to serve a single family residence. 3.7 Developer agrees and covenants that all sewer and/or water utility system components to be built and attached to the City's utility system shall be built to City standards. The standards applied by the City may include requiring construction in excess of that minimally required to connect the premises to City utilities where such additional construction is consistent with a City plan of service within the area of the premises. 3.8 Developer agrees and covenants that the premises will not be used in any manner or for any purpose inconsistent with or contrary to the land use controls in place as those controls now exist or as they may be from time to time altered, amended, or re-adopted. The Developer acknowledges the premises are subject to development pursuant to regulations administered by Grant County. The Developer agrees the City may impose development conditions greater than those imposed by Grant County, but in no event greater than those imposed for similar development within the City’s limits, as a condition of receiving utility services under this Agreement. The premises currently are used in a manner consistent with the existing land use controls. 3.9 This Agreement is entered into by the City based on the utility uses identified above and the land uses identified by the Developer for the premises. Developer or the successor holder of the fee title to the premises shall be bound by this Agreement and be responsible to perform under this Agreement. No subsequent leasehold, joint venture, or other tenancy or use agreement shall relieve the Developer or the Developer’s successor in interest from performing under this Agreement. To continue this Agreement in effect and to continue a delivery of the identified utilities, any successor in interest shall execute an acknowledgment of this Agreement, Covenant, and Power of Attorney in a form approved by the City. 3.10 Developer shall execute contemporaneously with this Agreement the subjoined Power of Attorney and subjoined Covenant respecting the annexation of the premises by the City. This Power of Attorney is executed, as is this Agreement, by Developer with a full understanding that Developer may be waiving and transferring to the City a valuable right as a landowner as respects annexation by the City. Developer waives any objection to annexation by the City. Developer acknowledges Developer has relied solely upon Developer's own legal counsel and fully understands the legal rights Developer is or may be surrendering to the City by the execution of this Agreement and the subjoined Covenant and Power of Attorney. COMLCouncil Packet 9-23-24 Page 55 of 69 3.11 Developer understands the delivery of utility services to these premises so long as they remain outside the corporate limits of the city, is a discretionary act of the City and the execution of this Agreement and performance hereunder are not intended and shall not be considered as an indication by the City of the intention to become a general provider of utility service beyond the terms of this contract, to these premises or any other lands located outside the corporate limits of Moses Lake. 3.12 Developer acknowledges that so long as the premises remain outside the corporate limits of the City, any or all utility service provided under this Agreement by the City are, or may become subject to, surcharges and/or increased charges in addition to the charges to similar customers located within the corporate limits. 3.13 Developer agrees that payment of service charges, surcharge assessments, and/or additional charges required by City ordinances to be paid for the utility services mentioned above will in no way relieve the premises from Developer's share of any future Local Improvement District or Utility Local Improvement District payments which may be assessed to pay all or a portion of the expenses of installing main or mains, together with necessary valves, fire hydrants, pipe fittings and all other appurtenances which may be installed to serve a district which includes the premises. 3.14 Developer agrees that in the event of a sale, gift, transfer, segregation, assignment, or device of Developer's fee interest in the premises it will disclose the existence of this Agreement. 3.15 In the event of a breach of this Agreement by the Developer or any successor in interest, this Agreement, and all deliveries of utilities hereunder, shall be subject to termination thirty (30) days after notice to the Developer of the breach if the breach has not been cured. 3.16 In the event the premises is delivered City utilities pursuant to this Agreement and the premises become located outside the City’s UGA, this Agreement shall be deemed to have been terminated as provided for in the provisions dealing with the term of this Agreement. The period of termination shall begin upon the date the premises become located outside the City=s UGA unless the parties agree otherwise in writing. 3.17 The permission to obtain City utilities contained in this Agreement shall lapse and become null and void if the premises are not connected to the City’s utility system within two (2) years of the execution of this Agreement. Except there shall be no limitation for residential properties up to nine (9) lots from the date the commitment is given. 4. Term: This Agreement shall be in effect so long as Developer abides, observes, and performs this Agreement and the premises remains outside the corporate limits of the City of Moses Lake. This Agreement may be terminated by either party giving at least eighteen (18) months written notice of termination to the other, unless a shorter notice is agreed to in writing. Upon annexation of these entire premises into the City of Moses Lake, this Agreement and the subjoined Covenant and Power of Attorney shall terminate and be of no further force or effect. Dated: ____________________________________ Dated: _______________________________ By _______________________________________ By Josef Schneider Arta Schneider State of Washington COMLCouncil Packet 9-23-24 Page 56 of 69 County of Grant I certify that I know or have satisfactory evidence that Josef Schneider signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ State of Washington County of Grant I certify that I know or have satisfactory evidence that Arta Schneider signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ Dated: _______________________________ By __________________________________ Mike Jackson –Interim City Manager Approved by Council State of Washington County of Grant I certify that I know or have satisfactory evidence that Mike Jackson signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the City Manager of the City of Moses Lake to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ Approved by City Council COMLCouncil Packet 9-23-24 Page 57 of 69 COVENANT RUNNING WITH THE LAND 1. Basis: The foregoing Extra Territorial Utility Extension Agreement shall be deemed to be a covenant running with the land affecting the entire premises described above. Such Covenant shall be recorded with the Grant County Auditor and become a covenant of record. Such Covenant shall remain in full force and effect for the life of the Extra Territorial Utility Extension Agreement. Any attempt to cancel, restrict, or modify this Covenant independent of the Extra Territorial Utility Extension Agreement shall terminate said Agreement immediately unless such cancellation, modification, or restriction is agreed to by the Moses Lake City Council. This Covenant shall expire and be of no further force or effect upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the City of Moses Lake. 2. Creation: Developer, as the owner in fee simple of the above-described premises, hereby creates a covenant running with the land to affect and include the entire described premises. That Covenant shall include all the terms, conditions, limitations, and obligations of the Extra Territorial Utility Extension Agreement above. Dated: ____________________________________ Dated: _______________________________ By _______________________________________ By Josef Schneider Arta Schneider State of Washington County of Grant I certify that I know or have satisfactory evidence that Josef Schneider, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ State of Washington County of Grant I certify that I know or have satisfactory evidence that Arta Schneider, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ COMLCouncil Packet 9-23-24 Page 58 of 69 POWER OF ATTORNEY 1. Appointment: Developer hereby makes, constitutes, and appoints the City of Moses Lake, Washington Developer's true and lawful attorney for Developer and in Developer's name, place, and stead for the purposes stated herein. 2. Independent Advice: Developer has executed this Power of Attorney for the purposes stated after having a full understanding of the implications of the execution of this instrument. This Power of Attorney is also executed after being fully advised by Developer's own counsel as to the power being conveyed to the City of Moses Lake and with a full appreciation and waiver of any rights being abrogated. 3. Purpose: Developer appoints the City of Moses Lake as Developer's attorney for the purpose of executing any and all documents, petitions, requests, letters, or the like necessary or desirable in the process of the annexation of the premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake. 4. Termination: This Power of Attorney may be revoked by Developer only upon the termination of the forgoing Extra Territorial Utility Extension Agreement, or upon the consent of the City of Moses Lake's City Council. The continued validity, viability, and existence of this Power of Attorney is a prerequisite of continued utility service delivery to the premises under the terms of the Extra Territorial Utility Extension Agreement by the City of Moses Lake. Termination of this Power of Attorney by Developer shall immediately and automatically terminate the Extra Territorial Utility Extension Agreement between Developer and the City of Moses Lake. This Power of Attorney is deemed revoked automatically upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake. By _______________________________________ By Josef Schneider Date Arta Schneider Date State of Washington County of Grant I certify that I know or have satisfactory evidence that Josef Schneider, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ State of Washington County of Grant I certify that I know or have satisfactory evidence that Arta Schneider, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ COMLCouncil Packet 9-23-24 Page 59 of 69 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Mike Jackson, Interim City Manager 19530 Brian Baltzell, Public Works Director Public Works 9/24/2024 Consent Agenda Sodium Hypochlorite Service Contract Amendment #2 City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 84,250.00$100,000.00$0.00$ Staff recommends Council move to authorize Amendment #2 to the 2018 Sodium Hypochlorite Service contract, with Northstar Chemical, Inc., to be executed by the Interim City Manager. Northstar Proposal 2024exec.pdf 340.44KB The City has a contract with Northstar Chemical, Inc. for delivery and continuous supply of 12.5 percent sodium hypochlorite to all of the City's well sites and installation and maintenance of mini-bulk tanks at the well sites. Sodium hypochlorite is an effective disinfectant and oxidizing agent used to control taste and odor from hydrogen sulfide. The City is required to maintain a detectable disinfectant concentration in the water system per the Department of Health. The contract was extended in October 2023 and expires on October 17, 2024. It has been determined this does not quality as a sole source purchase. An additional one-year extension allows time to prepare a thorough solicitation for a new contract through the competitive bidding process. This contract amendment allows budgeted funds to continue to be spent through October 18, 2025. Options and Results Contract Amendment No. 2 will be executed by the Interim City Manager and sodium hypochlorite service will continue with Northstar Chemical, Inc. COMLCouncil Packet 9-23-24 Page 60 of 69 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. To stay in compliance with the Department of Health, the City will continue to purchase sodium hypochlorite but it will be at market price. City staff time and resources will be used to install and maintain mini-bulk storage tanks at each well site. There will be a possible interruption in water treatment and supply while this is done. COMLCouncil Packet 9-23-24 Page 61 of 69 COMLCouncil Packet 9-23-24 Page 62 of 69 COMLCouncil Packet 9-23-24 Page 63 of 69 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Mike Jackson, Interim City Manager 19576 Brian Baltzell, Public Works Director Public Works 9/24/2024 Consent Agenda MLMC Code 12.40 Reimbursements Repeal Ordinance City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommends City Council motion to adopt Ordinance 3054 as presented. 3054 MLMC 12.40 Reimbursement Repeals.docx 25.45KB Staff conducted a review of Moses Lake Municipal Code 12.40 and discovered several items referencing reimbursements for street improvements that, after further research, are determined to be expired. Staff requests the items be repealed from the current Municipal Code. RCW 36.72.020 limits the enforcement period of a reimbursement contract between the City and the developer for a period not to exceed fifteen (15) years from the date that City Council accepts the street improvements. Fees associated with the reimbursements will not be collected for future use. Options and Results Municipal Code will be updated and expired items removed. Staff will bring back options for recommended changes. Outdated information will remain in municipal code.COMLCouncil Packet 9-23-24 Page 64 of 69 ORDINANCE 3054 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE CHAPTER 12.40 TITLED “STREET CONSTRUCTION OR IMPROVEMENT REIMBURSEMENT CHARGES” Recitals: 1. RCW 36.72.020 limits the enforcement period of a reimbursement contract for street improvements to 15 years. 2. Staff will continue to monitor the remaining improvements in the Code for triggers of collection or expiration. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following sections of Chapter 12.40 are hereby repealed in their entirety: 12.40.050 titled ‘Street Improvement Charges – Wapato Drive’ 12.40.054 titled ‘Street Improvement Charges – South Alder Street’ 12.40.060 titled ‘Street Improvement Charges – Signal at Grape Drive and Valley Road’ 12.40.070 titled ‘Street Improvement Charges – Underground Power for Yonezawa Boulevard and Clover Drive 12.40.080 titled ‘Street Improvement Charges – Interlake Dr’ 12.40.090 titled ‘Street Improvement Charges – Traffic Signals at Paxson and Valley Road 12.40.100 titled ‘Street Improvement Charges – Battery Road’ 12.40.110 titled ‘Street Improvement Charges – SR-17 Right-Hand Turn Lane’ 12.40.111 titled ‘Street Improvement Charges – Ninth Avenue’ Section 2. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on September 24, 2024. COMLCouncil Packet 9-23-24 Page 65 of 69 _____________________________________ Dustin Swartz, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Lombardi Skaug Vote: Date Published: September 30, 2024 Date Effective: October 5, 2024 COMLCouncil Packet 9-23-24 Page 66 of 69 Administrative planning document only. Today's Date:9/20/2024 All items are tentative and subject to constant change. Report Due Dates: OCT 8 - Attorney 9/24, Director 9/30, City Manager 10/2. Std PH Notices for Oct 22 are due Oct 2. Date/Time Proceeding Agenda Subject Action Director LF Status No. City of Moses Lake Agenda Topics - 2024 Sat, Oct 5 at 8 a.m. to Noon Budget Workshop - all Council confirmed 7/24 Tue, Oct 8 Presentations Mary Cunnington Recognition Proclamation Mayor Swartz and Former Mayor Liebrecht 6:30 PM ""Planning Month Proclamation Chance (recur) Mayor Planning Commission Appointment - Howard Homesly Motion Chance City Manager TIF Development Agreement Update Jackson Consent c Set Public Hearing for Right of Way Vacation Request Chance ""d Transportation Benefit District Annual Report <motion>Baltzell (recur) ""e Cyber Security Grant Awards <motion>Richmond ""f MLIRD Iconic Lake Fountain Interlocal Agreement <motion>Coutts Old Business none scheduled New Business Maple Ridge Planned Development District Ordinance xxxx Motion Chance HE 9/10 ""Graffiti Regulations Update 1st Pres Chance ""MLMC 12.36 Parks Exclusion Amendment Ordinance xxxx 1st Pres Sands almost done "" Bilingual Stipend Policy Resolution 1st Pres Springer ""Accept 2021 State Auditor's Report Motion Prentice ""Review of Council Stipend MLMC 2.60.030 Discussion Springer (recur) ""Capital Facilities Plan Update (2024: Prior to W/S Rate Study)placeholder Baltzell (recur) Tue, Oct 22 Presentations Native American Heritage Month Proclamation (recur) 6:30 PM ""Veteran's Day Proclamation (recur) ""Yonezawa-SR-17 Roundabout Construction Funding - Design Engineer Levi Bisnett City Manager pg 3rd Quarter Financial Report (include in packet)Prentice (recur) ""AWC Legislative Agenda Motion Jackson (recur) Public Hearings Property Tax Levy Resolution xxxx Motion Prentice (recur) ""2025 Budget Ordinance - Public Hearing 1 of 2 1st Pres Prentice (recur) Consent Old Business Graffiti Regulations Ordinance xxxx Motion Chance ""MLMC 12.36 Parks Exclusion Amendment Ordinance xxxx Motion Sands Administrative planning document only. Today's Date:9/20/2024 All items are tentative and subject to constant change. Report Due Dates: OCT 8 - Attorney 9/24, Director 9/30, City Manager 10/2. Std PH Notices for Oct 22 are due Oct 2. Date/Time Proceeding Agenda Subject Action Director LF Status No. City of Moses Lake Agenda Topics - 2024 ""Bilingual Stipend Policy Resolution xxxx Motion Springer New Business Lodging Tax Advisory Committee Application Approvals Motion Jackson (recur) Admin Monthly Update on Excess Water Usage Fee Prentice verbal Wed, Oct 30 at 6 p.m. (Ephrata)AGCCT, post no action agenda - if quorum.rsvp due Mmm dd Tue, Nov 12 Presentation Geographic Information System (GIS) Technology Day Proclamation - 3rd Wednesday in NovemberRichmond (recur) 6:30 PM City Manager Moses Lake 2025 Legislative Agenda Motion Jackson (recur) Public Hearings 2025 Budget Ordinance xxxx - Public Hearing Continued Motion Prentice (recur) "" Right of Way Vacation Clements Request Ordinance xxxx Motion Chance Consent c Grant County Health District 2024 ILA <motion>Jackson (recur) New Bus 2025 Fee Schedule Resolution xxxx Motion Prentice (recur) ""Comprehensive Plan Amendment 1st Pres Chance Tue Nov 19 at 5:30 p.m.Water Conservation Success Measurements Report (WRC) Tue, Nov 26 City Manager 6:30 PM Public Hearing Comprehensive Plan Amendment Ord xxxx Motion Chance Consent c Old Business Trails Plan Adoption (placeholder fr Sept 10 Meeting)Motion Baltzell (Levi) New Business 2024 Budget Amendment Ordinance xxxx Motion Prentice (recur) Admin Final Monthly Update on Excess Water Usage Fee Prentice verbal MLMA Admin Email list for those seeking reappoinment for terms exp Mar 31 Due Jan 1 (recur) Tue, Dec 10 Presentation pg Habitat for Humanity - Rebecca Mabius, Executive Director 15 min PPT ph 509-765-4030 emailed white paper 9-5 6:30 PM Mayor Appoint/Reappoint LTAC, Parks, LEOFF (reappoint requests due Oct 1)Jackson (recur) City Manager Consent c Administrative planning document only. Today's Date:9/20/2024 All items are tentative and subject to constant change. Report Due Dates: OCT 8 - Attorney 9/24, Director 9/30, City Manager 10/2. Std PH Notices for Oct 22 are due Oct 2. Date/Time Proceeding Agenda Subject Action Director LF Status No. City of Moses Lake Agenda Topics - 2024 New Business 2025 Community Street and Utility Standards Resolution xxxx Motion Baltzell (recur) Thurs, Dec 12 at 8 am Employee Breakfast Notice of Potential Quorum - 2024 Venue: Paradise Bar & Grill (recur) PENDING: Future Items not asigned a mmeeting date. Column1 Column2 3 4 Column5 Column6 Column7 Column8 Study Session 6pm Park Fees on New Development (1-9-24, docket after Code is updated)Coutts Presentation Irrigation for Private Wells (purple pipe)9-18-24 related to new subdivisions and conflict with wellhead protection Consent Amend STBG Grant for Yonezawa Round-a-bout <motion>Baltzell LR-LB Consent Ground Works Lease Renewal (expires Sept 30, 2025)<motion>Chance Consent Moses Point Development Agreement (reservoir) Ord xxxx <motion>City Manager Old Bus (after NB!)Airport Operations Manual Update Second Presentation Motion Baltzell Old Bus Airport Commission Duties Resolution xxxx Motion Baltzell New Bus Airport Operations Manual Update First Presentation Motion Baltzell New Bus Airport Property Owner Access Agreement (Through the Fence)Motion Baltzell New Bus CBUA IAFF Motion Springer New Bus CBUA AFSCME Motion Springer New Bus Future Land Use Map Update (fr Study Session 6/11)Motion Chance (after Plan Comm) New Bus Grant County and PoML Railroad Project Franchise ILA Motion unk New Bus New Cingular Lease Amendment Motion Baltzell New Bus Water Conservation Sunset of Ordinance 3029 following new wells in service or other irrigation sources