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FINAL 2025 0311 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, March 11, 2025 Moses Lake Civic Center – 401 S. Balsam or remote access* Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Citizen’s Communications ** Summary Reports: Mayor’s Report Future Business. MLMC 2.08.050 states: An item may be placed on a Council meeting agenda, in advance of posting an agenda, by any of the following methods: majority vote of the Council; Council consensus; any three (3) Council members; the City Manager; a Council Committee; or the Mayor. City Manager’s Report -Prior Year 4th Quarter Financial Report – Madeline Prentice, Finance Director pg 4 - Water Conservation Enforcement – Brian Baltzell, Public Works Director pg 18 - Moses Lake Special Olympics Recognition – Doug Coutts, PRCS Director pg 22 Public Hearing #1 Ordinance 3067 Emergency Interim Land Use Regulations pg 24 Presented by Vivian Ramsey, Interim Community Development Director Summary: Council to review and conduct hearing COML Council Packet 3-11-25, Page 1 of 172 March 11, 2025, City Council Meeting Page 2 ____________________________ #2 Consent Agenda pg 40 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.City Council Meeting Minutes Dated February 11 and 25, 2025 b.Claims and Payroll c.Award Crack Seal Project d.Microsoft Annual License Agreement e.Extra Territorial 2715 NE Westshore Dr f.Extra Territorial 3388 NE Westshore Dr g.2025 Biosolids Project Award h.Approve 2025 Rates for Marten Law i.Water System Plan Contract Amendment No. 2 j.Firouzi Developer Extension Agreement k.Placer AI Agreement l.National Highway System Grant m.Congressional Directed Funding Request n.Accept 2024 Multimodal Activity Trails Update Old Business #3 AMJ Annexations Revision (L & Wheeler Rd) pg 137 Motion #4 Motion Presented by Vivian Ramsey, Interim Community Development Director Summary: Council to review and consider approval Remove Watering Exemption for Larson Playfield Ordinance 3068 pg 142 Presented by Doug Coutts, Parks, Recreation, and Cultural Services Director Summary: Council to review and consider adoption New Business #5 Big Bend Community College Water and Sewer Lines Agreement pg 145 Motion #6 Motion Presented by Brian Baltzell, Public Works Director Summary: Council to review and consider approval WSDOT Administrative Settlement Policy pg 156 Presented by Brian Baltzell, Public Works Director Summary: Council to review and consider approval Administrative Reports Council Committee Reports COML Council Packet 3-11-25, Page 2 of 172 March 11, 2025, City Council Meeting Page 3 ____________________________ Information Item -Upcoming Agenda Items pg 165 Adjournment Next Regular Council Meeting is scheduled for March 25, 2025 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: 211 131 656 293 Passcode: W8RJ3or7 Or #2 MS Teams by phone (audio only) +1 509-707-9401,,95014847# Or #3 - YouTube Live https://www.youtube.com/@MosesLakeCityCouncil/streams ** 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. COML Council Packet 3-11-25, Page 3 of 172 To: Mayor and City Council From: Madeline Prentice, Acting City Manager For Agenda of: 3/11/2025 Department: Finance Proceeding Type: City Manager’s Report Subject: 2024 Year-end Financial Report Reviewed and Approved by X Acting City Manager X Finance City Attorney Community Development Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services No Financial Impact Action Requested N/A Packet Attachments (if any) 2024 Year-end financial results, Exhibit 1 – 2024 Fund Summary Overview The 2024 year-end financial results are attached for review and consideration. Options and Results Approve, Authorize, or Adopt: N/A Provide Amended Direction: Staff will bring back options for recommended changes. No Action Taken: N/A Fiscal and Policy Implications N/A ĺŪIJèĖī ‹ťÍƯ ‡ôŕĺŘť COML Council Packet 3-11-25, Page 4 of 172 Page 1 of 11 MEMORANDUM To: Mayor and City Council From: Madeline Prentice, Finance Director Subject: 2024 4th Quarter Budget Revenue and Expenditure Report I am pleased to submit the City of Moses Lake’s 2024 year-end actual results compared to budgeted revenue and expenditure report for all city funds. Balances shown are subject to final adjustments made as a result of the year-end closing processes. Year-end closing processes will not be officially concluded until the State Auditor’s work is completed. Overall, the City exceeded budget in revenues while coming in under budget in expenditures in 2024. Citywide, we ended the year slightly above budget in revenues at $104.24 million (103.6%), while expenses are under budget by 15.3% at $93.5 million (84.7% of budget). Taxes, licenses and permits, charges for services, and miscellaneous revenues outpaced budget, while intergovernmental revenues, fines and penalties, and other financing resources are under budget as further described below. Expenditures are largely under budget due to position vacancies and timing of capital expenditures. This report is summarized by type of fund, and reported by functional type, and includes the following sections: x City-Wide Overview by Fund Type x City-Wide Overview by Revenue and Expense Category x General Fund Revenue Analysis x General Fund Expenditure Analysis x Other Funds Analysis x Conclusion x Exhibit 1 - Fund Detail COML Council Packet 3-11-25, Page 5 of 172 Page 2 of 11 City-Wide Overview YTD BUDGET YTD ACTUAL % OF 2020 2021 2022 2023 2024 2024 BUDGET General Fund 25,891,863 30,372,088 31,279,977 34,825,847 35,652,726 40,318,854 113.1% Other Operating Funds 5,859,674 7,380,541 13,546,969 7,878,444 11,989,025 10,653,415 88.9% Enterprise Funds 25,084,153 28,044,750 25,939,046 29,449,078 28,459,461 31,585,823 111.0% Internal Service Funds 12,619,161 8,794,991 7,772,874 8,560,830 8,940,359 8,358,674 93.5% Capital Improvement Funds 5,841,751 17,016,333 8,959,750 10,666,009 10,493,541 8,221,509 78.3% Risk Mgmt./Employee Benefits 909,527 966,680 1,190,386 1,779,466 2,403,784 2,423,221 100.8% Debt Service Funds 2,268,797 3,180,950 3,122,748 2,684,243 2,679,073 2,679,073 100.0% TOTAL CITYWIDE REVENUES 78,474,927 95,756,333 91,811,751 95,843,916 100,617,969 104,240,569 103.6% CITYWIDE REVENUE COMPARISON BY FUND TYPE AS OF: DECEMBER 2024 (Budget vs Actual - 100.0% of year) ACTUALS YTD BUDGET YTD ACTUAL % OF 2020 2021 2022 2023 2024 2024 BUDGET General Fund 26,845,963 28,341,079 29,887,932 34,714,433 40,644,581 38,326,283 94.3% Other Operating Funds 5,576,135 6,191,290 6,671,301 9,439,694 15,107,495 10,163,447 67.3% Enterprise Funds 22,991,294 23,222,795 26,975,977 26,231,315 27,962,266 25,737,044 92.0% Internal Service Funds 11,241,825 9,161,213 7,697,457 8,806,059 9,375,417 7,343,617 78.3% Capital Improvement Funds 7,306,373 9,184,491 16,641,140 7,924,525 12,264,081 7,213,581 58.8% Risk Management/Employee Benefit 989,361 887,335 1,180,704 1,871,035 2,327,987 2,035,241 87.4% Debt Service 2,188,792 2,640,520 2,598,483 2,676,352 2,679,040 2,679,083 100.0% TOTAL CITYWIDE EXPENDITURES 77,139,743 79,628,724 91,652,994 91,663,413 110,360,866 93,498,296 84.7% CITYWIDE EXPENDITURES BY FUND TYPE AS OF: DECEMBER 2024 (Budget vs Actual - 100.0% of year) ACTUALS YTD BUDGET YTD ACTUAL % OF 2020 2021 2022 2023 2024 2024 BUDGET 310 - Taxes 24,469,677 29,354,577 29,918,153 33,536,072 32,301,000 33,865,921 104.8% 320 - Licenses & Permits 1,111,290 1,361,813 1,203,248 2,073,229 1,127,700 2,094,777 185.8% 330 - Intergovernmental Revenues 3,974,816 4,351,319 9,775,498 3,531,550 10,024,525 5,496,874 54.8% 340 - Charges for Goods & Services 30,348,466 33,593,975 32,933,591 36,922,251 34,984,014 40,486,196 115.7% 348 - Internal Services Allocations 863,273 920,061 1,117,237 1,607,646 2,349,784 2,349,784 100.0% 350 - Fines and Penalties 643,672 1,030,324 908,953 173,502 707,000 183,249 25.9% 360 - Miscellaneous Revenues 1,787,498 1,703,369 3,203,523 3,926,758 2,262,779 4,585,518 202.6% 390 - Other Financing Resources 4,814,459 13,679,595 229,643 17,736 904,336 221,683 24.5% 341 - Cost Allocations 968,056 1,000,351 1,011,565 1,155,780 1,614,375 1,614,375 100.0% 397 - Transfers In 9,493,718 8,760,950 11,510,341 12,899,392 14,342,456 13,342,190 93.0% TOTAL CITYWIDE REVENUES 78,474,927 95,756,333 91,811,751 95,843,916 100,617,969 104,240,569 103.6% AS OF: DECEMBER 2024 (Budget vs Actual - 100.0% of year) ACTUALS CITYWIDE REVENUE COMPARISON BY REVENUE CATEGORY COML Council Packet 3-11-25, Page 6 of 172 Page 3 of 11 YTD BUDGET YTD ACTUAL % OF 2020 2021 2022 2023 2024 2024 BUDGET General Government 9,665,115 8,744,623 9,315,446 11,391,521 13,267,685 11,525,527 86.9% Public Safety 12,981,373 13,494,258 14,015,682 17,178,932 20,172,827 19,894,717 98.6% Utilities 22,852,231 23,648,495 23,917,413 26,119,604 27,048,403 25,418,705 94.0% Planning/Economic Development 1,848,073 1,968,271 2,401,088 2,678,358 3,429,249 2,879,401 84.0% Social Services 343,366 1,245,223 923,259 1,070,636 897,626 603,694 67.3% Culture and Recreation 5,125,295 5,681,635 6,224,367 6,913,790 7,822,603 7,507,186 96.0% Debt Service 4,442,566 4,629,576 3,809,632 3,446,896 3,671,158 3,671,543 100.0% Capital Improvement 10,502,405 12,818,627 19,518,310 10,945,873 20,059,560 10,486,956 52.3% Transfers-Out 9,379,318 7,277,350 11,370,541 11,917,804 13,991,755 11,510,568 82.3% Other Financing Uses - 120,666 157,257 - - - 0.0% TOTAL CITYWIDE EXPENDITURES 77,139,743 79,628,724 91,652,994 91,663,413 110,360,866 93,498,296 84.7% CITYWIDE EXPENDITURES BY EXPENSE CATEGORY AS OF: DECEMBER 2024 (Budget vs Actual - 100.0% of year) ACTUALS COML Council Packet 3-11-25, Page 7 of 172 Page 4 of 11 General Fund Revenue Analysis Property Tax – The budget was set based on assumptions of new construction and collection rates and then discounted for collection delinquencies. Property tax collections ended the year on budget at $9.57 million (100.5%) and are $439k (4.8%) higher than 2023. The increase over 2023 is a result of the base levy adjustment in addition to new construction and collection of delinquent taxes. Sales Tax – Actual sales tax at the year-end exceeded budget by 7.0% and is ahead of 2023 by $497k (4.4%). Year-end sales tax collections were $11.77 million, 107.0% of budget, compared to $11.27 million for 2023. Sales Tax-Public Safety - This represents the 0.3% Criminal Justice Tax. As with Sales Tax, public safety sales tax ended the year above budget by 18.3% at $2.07 million (118.3%). Year- end public safety tax collections were below 2023 by $9.7k (0.5%). Utility Tax – This revenue source experiences fluctuations either from rate adjustments or seasonal usage. Utility tax ended the year 5.8% ahead of budget at $4.29 million and 8.2% ahead of 2023. Increases in water, wastewater, stormwater, solid waste, and landline telephone were offset by decreases in electric, gas, T.V. cable and cellular telephone utility taxes. YTD BUDGET YTD ACTUAL % OF 2020 2021 2022 2023 2024 2024 BUDGET 310 - Taxes Property Tax 7,808,702 7,899,047 8,108,677 9,133,089 9,520,500 9,572,397 100.5% Sales Tax 7,509,197 9,721,190 10,312,811 11,274,068 11,000,000 11,771,311 107.0% Sales Tax - Public Safety 982,158 1,416,209 1,661,047 2,079,737 1,750,000 2,070,077 118.3% Utility Tax 3,282,678 3,550,168 3,214,585 3,967,049 4,057,500 4,292,214 105.8% Gambling Tax - 203,027 175,461 236,737 226,000 275,969 122.1% Other Taxes 165,075 42,359 62,511 71,312 57,000 67,455 118.3% Subtotal - Taxes 19,747,809 22,831,999 23,535,093 26,761,993 26,611,000 28,049,424 105.4% 320 - Licenses & Permits 920,713 1,149,294 996,946 1,841,309 1,007,700 1,840,115 182.6% 330 - Intergovernmental Revenues 1,988,660 1,466,318 1,317,457 1,230,640 2,151,651 2,001,134 93.0% 340 - Charges for Goods & Services 800,133 1,953,769 2,569,881 3,067,870 2,533,600 3,124,080 123.3% 350 - Fines and Penalties 643,672 1,030,324 908,953 173,502 707,000 183,249 25.9% 360 - Miscellaneous Revenues 322,820 206,258 278,013 420,603 508,400 3,004,988 591.1% 390 - Other Financing Resources - 233,774 2,285 - 300,000 168 0.1% TOTAL REVENUES 24,423,807 28,871,737 29,608,629 33,495,917 33,819,351 38,203,158 113.0% Other Financing Sources Cost Allocations 968,056 1,000,351 1,011,565 1,155,780 1,614,375 1,614,375 100.0% Transfers-In 500,000 500,000 659,783 174,150 219,000 501,321 228.9% TOTAL GENERAL FUND REVENUES 25,891,863 30,372,088 31,279,977 34,825,847 35,652,726 40,318,854 113.1% ACTUALS CITY OF MOSES LAKE GENERAL FUND REVENUES AS OF: DECEMBER 2024 (Budget vs Actual - 100.0% of year) COML Council Packet 3-11-25, Page 8 of 172 Page 5 of 11 Gambling Taxes – Gambling tax revenues exceeded budget by 22.1% to end the year at $276k and are $39.2k (16.6%) higher than 2023 revenues of $236.7k. Other Taxes—This consists of Leasehold Excise Tax and Admissions Tax. Leasehold Excise tax ended the year 26.1% higher than 2023 and 33% above budget. Admissions Tax ended the year 37.5% higher than budget but fell short of 2023 by 20.6%. Overall, other taxes exceeded budget by 18.3% to end the year at $67.5k. Licenses and Permits – The majority of this revenue is generated by development and is difficult to budget for because it is volatile by nature. Licenses and permits revenue outpaced the budget by 82.6% to end the year at $1.84 million (182.6%). Revenues collected in 2024 were essentially the same as the amount collected in 2023. Intergovernmental Revenue – This category includes State-shared revenue, the PUD privilege tax, Criminal Justice funding and other grants. Intergovernmental revenue is down 7.0% compared to budget. Through year-end, we received just over $2.0 million or 93.0% compared to budget and are $770k or 62.6% higher than 2023, largely due to the SAFER grant. Charges for Goods and Services primarily consist of: x Fees charged for Parks and Recreation Programs, x Zoning, subdivision, plan check and annexation fees, x School Resource Officers (SRO’s) reimbursed by Moses Lake School District, and; x Fire protective inspection fees and other fire reimbursements Parks, Recreation & Museum activity, and programming fees exceeded budget by 6.8% to end the year at $1.65 million, and higher than 2023 by $65.3k or 4.1%. Zoning, subdivision, and plan check fees are above budget by 19.1%, to end the year at $658k but lagged 2023 by 21.5%. SRO and Fire reimbursement fees ended ahead of budget by 95.1% at $757k and came in 26.5% ahead of 2023. Fines and Penalties consist almost entirely of fines generated by the red-light camera program. The issues related to the change from paper to electronic citations have been resolved and a new contract negotiated. While we anticipated revenue generated from the program to begin in the third quarter of the year, we did not receive any revenue until the 4th quarter for this program, resulting in collections of only $183k or 25.9% of budget. Revenues were slightly higher than in 2023 at $9.7k (5.6%). Miscellaneous Revenues/Other Financing Resources include interest earnings on investments, facility rentals and other financing sources such as property sales. Interest earnings remained strong throughout the year resulting in revenues outperforming budget by $2.5 million and exceeding 2023 by $847k or 45.3%. Interest is allocated to other interest earning funds at year- end. Facility rentals for the year exceeded budget by 13.5% to end the year at $224k and ahead COML Council Packet 3-11-25, Page 9 of 172 Page 6 of 11 of 2023 by 23.3%. The City budgeted $300k for the sale of a City owned parcel that did not occur in 2024 as was anticipated. Other Financing Sources are made up primarily of the City Administrative fee charged to funds for services provided by the executive branch, human resources, and finance and transfers in. The charges are based on budget throughout the year and are trued-up to actuals once we have finished the final accounting for the year. Summary - Overall, General Fund revenue exceeded budget by 13.1% to end the year at $40.3 million (113.1%) and is exceeded 2023 revenues by $5.49 million or 15.8% higher. Strong tax collections, licenses and permits, charges for services, and interest collections contributed to the increased revenue and more than offset revenues that are more unpredictable and cyclical in nature. COML Council Packet 3-11-25, Page 10 of 172 Page 7 of 11 General Fund Expenditure Analysis The General Fund Expenditures ended the year under budget at $38.3 million or 94.3% compared to budget. Expenses outpaced 2023 by 10.4% and were $3.6 million higher. The increase over 2023 consists primarily of increases in salaries, benefits, insurance, and utility costs. Since the General Fund is nearly 60% staffing, events affecting total payroll have a significant impact on budgets. Position vacancies may start out being an “overage” because of the cashout YTD BUDGET YTD ACTUAL % OF 2020 2021 2022 2023 2024 2024 BUDGET General Government Legislative 357,490 265,880 152,389 155,702 141,696 132,782 93.7% Executive 865,604 634,221 581,895 1,034,457 1,065,624 870,032 81.6% Human Resources 192,726 339,757 540,365 575,782 607,307 587,519 96.7% Finance 1,203,967 1,193,074 1,073,630 1,091,931 1,776,945 1,567,629 88.2% Legal/Judicial 211,192 195,236 203,049 235,660 300,320 286,961 95.6% Miscellaneous Services 148,188 172,289 160,911 249,336 239,376 219,367 91.6% Subtotal - General Government 2,979,168 2,800,458 2,712,239 3,342,867 4,131,268 3,664,289 88.7% Public Safety Police 8,089,504 8,985,326 9,703,531 11,145,772 12,298,395 12,285,514 99.9% Fire 4,263,979 4,123,318 3,930,373 5,433,485 7,214,290 6,893,516 95.6% Animal Control 206,827 263,996 251,848 389,767 221,027 294,662 133.3% Subtotal - Public Safety 12,560,310 13,372,641 13,885,751 16,969,023 19,733,712 19,473,692 98.7% Utilities - Engineering 2,210,430 1,744,846 1,949,863 2,286,168 2,517,605 2,053,269 81.6% Planning/Economic Development Community Development 1,333,826 1,423,363 1,590,372 1,928,363 2,509,256 2,024,097 80.7% Code Enforcement 307,134 311,099 406,529 326,928 378,112 337,397 89.2% Subtotal - Planning/Economic Development 1,640,960 1,734,463 1,996,901 2,255,291 2,887,368 2,361,493 81.8% Social Services 72,381 72,665 86,707 104,094 105,800 102,873 97.2% Culture and Recreation Library 78,269 63,526 68,543 61,007 67,700 65,156 96.2% Parks, Rec. & Cult. Svc.s 5,047,026 5,618,109 6,155,824 6,852,783 7,724,903 7,441,543 96.3% Subtotal - Culture & Recreation 5,125,295 5,681,635 6,224,367 6,913,790 7,792,603 7,506,699 96.3% TOTAL EXPENDITURES 24,588,544 25,406,707 26,855,828 31,871,233 37,168,356 35,162,316 94.6% Other Financing Uses Debt Service 114,400 733,600 839,800 770,544 833,523 833,523 100.0% Capital Expenditures 23,098 520,773 477,257 242,956 519,153 206,896 39.9% Transfers-Out 2,119,921 1,680,000 1,715,047 1,829,700 2,123,549 2,123,549 100.0% Other Uses - - - - - - 0.0% TOTAL GENERAL FUND EXPENDITURES 26,845,963 28,341,079 29,887,932 34,714,433 40,644,581 38,326,283 94.3% CITY OF MOSES LAKE GENERAL FUND EXPENDITURES AS OF: DECEMBER 2024 (Budget vs Actual - 100.0% of year) ACTUALS COML Council Packet 3-11-25, Page 11 of 172 Page 8 of 11 of earned accrued leave balances but then can produce savings when a position is vacant for any length of time. Most variances in individual divisions are the result of annual salary and benefit increases, increased professional services, utility and liability insurance costs coupled with position vacancy savings. General government funds are under budget by 11.3% to end the year at $3.66 million. This is largely due to position vacancies that remained unfilled during the year. General government funds are ahead of 2023 by $321k or 9.6%, due to salary and benefit increases, higher liability insurance costs and increased professional services costs. Public Safety costs are slightly under budget to end the year at $19.47 million or 98.7% of budget. Public Safety is ahead of 2023 by $2.5 million or 14.8% largely due to negotiated wage increases at the beginning of the year, benefit increases, higher liability insurance costs and increased professional services costs. Engineering is under budget by 18.4% to end the year at $2.05 million and lower than 2023 by $233k or 10.2%. This is largely due to vacancies that were not filled during the year in addition to better tracking and charging of reimbursable labor to projects. Planning/Economic Development ended the year at $2.36 million in expenses or 18.2% under budget and is ahead of 2023 by $106k or 4.7%. Vacant positions that have remained unfilled during the year caused favorable budget variance, while wage/benefit and liability insurance increases led to the increase over 2023. Culture and Recreation are 3.7% under budget at $7.5 million or 96.3% of budget at year-end. Compared to 2023, Culture and Recreation is 8.6% or $593k higher as a result of wage and benefit, liability insurance and utility increases. Social Services include services provided by agencies like the Grant County Health District, the Moses Lake Senior Center, Downtown Moses Lake Association, and liquor taxes collected and paid to Grant County for the chemical dependency/alcoholism program. Social Services ended the year slightly under budget at $103k or 97.2% of budget and came in slightly lower than 2023 by $1k or 1.2%. Conclusion - General Fund ended the year under budget at $38.3 million or 94.3% of adopted budget in expenditures and ahead of the same period in 2023 by 10.4% or $3.6 million. The underspending compared to budget is largely due to position vacancies that have remained unfilled, while the increase over 2023 is due to salary and benefit increases and increased costs for liability insurance, professional services, and utility costs. COML Council Packet 3-11-25, Page 12 of 172 Page 9 of 11 Other Funds Analysis YTD BUDGET YTD ACTUAL % OF 2020 2021 2022 2023 2024 2024 BUDGET Other Operating Funds 5,859,674 7,380,541 13,546,969 7,878,444 11,989,025 10,653,415 88.9% Enterprise Funds 25,084,153 28,044,750 25,939,046 29,449,078 28,459,461 31,585,823 111.0% Internal Service Funds 12,619,161 8,794,991 7,772,874 8,560,830 8,940,359 8,358,674 93.5% Capital Improvement Funds 5,841,751 17,016,333 8,959,750 10,666,009 10,493,541 8,221,509 78.3% Risk Mgmt./Employee Benefits 909,527 966,680 1,190,386 1,779,466 2,403,784 2,423,221 100.8% Debt Service Funds 2,268,797 3,180,950 3,122,748 2,684,243 2,679,073 2,679,073 100.0% TOTAL OTHER FUNDS REVENUES 52,583,064 65,384,246 60,531,774 61,018,069 64,965,243 63,921,715 98.4% OTHER FUNDS REVENUES BY FUND TYPE AS OF: DECEMBER 2024 (Budget vs Actual - 100.0% of year) ACTUALS YTD BUDGET YTD ACTUAL % OF 2020 2021 2022 2023 2024 2024 BUDGET Other Operating Funds 5,576,135 6,191,290 6,671,301 9,439,694 15,107,495 10,163,447 67.3% Enterprise Funds 22,991,294 23,222,795 26,975,977 26,231,315 27,962,266 25,737,044 92.0% Internal Service Funds 11,241,825 9,161,213 7,697,457 8,806,059 9,375,417 7,343,617 78.3% Capital Improvement Funds 7,306,373 9,184,491 16,641,140 7,924,525 12,264,081 7,213,581 58.8% Risk Management/Employee Benefit 989,361 887,335 1,180,704 1,871,035 2,327,987 2,035,241 87.4% Debt Service 2,188,792 2,640,520 2,598,483 2,676,352 2,679,040 2,679,083 100.0% TOTAL OTHER FUNDS EXPENDITURES 50,293,780 51,287,645 61,765,062 56,948,980 69,716,286 55,172,013 79.1% OTHER FUNDS EXPENDITURES BY FUND TYPE AS OF: DECEMBER 2024 (Budget vs Actual - 100.0% of year) ACTUALS YTD BUDGET YTD ACTUAL % OF 2020 2021 2022 2023 2024 2024 BUDGET 310 - Taxes 4,721,868 6,522,577 6,383,060 6,774,079 5,690,000 5,816,498 102.2% 320 - Licenses & Permits 190,578 212,519 206,302 231,919 120,000 254,663 212.2% 330 - Intergovernmental Revenues 1,986,156 2,885,001 8,458,040 2,300,910 7,872,874 3,495,740 44.4% 340 - Charges for Goods & Services 29,548,334 31,640,206 30,363,710 33,854,382 32,450,414 37,362,116 115.1% 348 - Internal Services Allocations 863,273 920,061 1,117,237 1,607,646 2,349,784 2,349,784 100.0% 360 - Miscellaneous Revenues 1,464,678 1,497,111 2,925,509 3,506,155 1,754,379 1,580,530 90.1% 390 - Other Financing Resources 4,814,459 13,445,822 227,358 17,736 604,336 221,515 36.7% 397 - Transfers In 8,993,718 8,260,950 10,850,558 12,725,242 14,123,456 12,840,870 90.9% TOTAL OTHER FUNDS REVENUES 52,583,064 65,384,246 60,531,774 61,018,069 64,965,243 63,921,715 98.4% OTHER FUNDS REVENUE COMPARISON BY REVENUE CATEGORY AS OF: DECEMBER 2024 (Budget vs Actual - 100.0% of year) ACTUALS COML Council Packet 3-11-25, Page 13 of 172 Page 10 of 11 At year-end, Other Fund revenues are under budget at 98.4% or $63.9 million, while expenses are under budget by 20.9% at $55.2 million or 79.1% of budget. Intergovernmental revenues (grants) are below budget due to the timing of grant funding receipts but are more than offset by revenues from licenses and permits, charges for services and tax revenues. Expenses are under budget largely due to the timing of capital project expenditures related to ARPA funding and homeless services. Revenues exceeded 2023 by $2.9 million or 4.8%, while expenses were less by $1.78 million or 3.1%. The expense reduction is largely a result of capital projects not being completed by year-end. Other Operating Funds are under budget in revenues 11.1% at $10.7 million, while expenses are under budget by 32.7% at $10.2 million or 67.3% of budget. The revenue shortfall and spending decrease are largely due to capital projects not being completed by year-end. Revenues exceeded 2023 actual by nearly $2.8 million or 35.2% largely because of the additional one-tenth of one percent transportation benefit district sales and use tax approved by Council in 2023 with collections starting in April 2024. Strong lodging tax and intergovernmental revenues also contributed to the increase over 2023. 2024 expenditures were higher than 2023 by $724k or 7.7% mainly due to increased spending in Grants & Donations, Street Operations, and Tourism Enterprise funds exceeded budgeted revenue by 11.0% to end the year at $31.6 million (111.0% of budget), while expenses are under budget by 8.0% at $25.7 million (92.0% of budget). Compared to 2023, revenues exceeded actual by $2.1 million or 7.3% while expenses were less than 2023 actual by $494k or 1.9%. Internal Service funds are under budget by 6.5% in revenues to end the year at $8.4 million (93.5% of budget) and 21.7% underspent at $7.3 million or 78.3% of budget. Underspending is the result of the solar array project not being completed by year-end. Compared to 2023, revenues and expenses are lower by $202k or 2.4% and $1.5 million or 16.6% respectively. This is due to shifting the Utility Billing department under Finance in 2024. YTD BUDGET YTD ACTUAL % OF 2020 2021 2022 2023 2024 2024 BUDGET General Government 6,685,947 5,944,166 6,603,207 8,048,654 9,136,417 7,861,237 86.0% Public Safety 421,063 121,617 129,931 209,909 439,115 421,025 95.9% Utilities 20,641,800 21,903,649 21,967,550 23,833,436 24,530,798 23,365,436 95.2% Planning/Economic Development 207,113 233,808 404,187 423,067 541,881 517,908 95.6% Social Services 270,985 1,172,558 836,552 966,542 791,826 500,820 63.2% Culture and Recreation - - - - 30,000 487 1.6% Debt Service 4,328,166 3,895,976 2,969,832 2,676,352 2,837,635 2,838,020 100.0% Capital Improvement 10,479,307 12,297,855 19,041,053 10,702,916 19,540,407 10,280,060 52.6% Transfers-Out 7,259,397 5,597,350 9,655,494 10,088,104 11,868,207 9,387,019 79.1% Other Financing Uses - 120,666 157,257 - - - 0.0% TOTAL OTHER FUNDS EXPENDITURES 50,293,780 51,287,645 61,765,062 56,948,980 69,716,286 55,172,013 79.1% OTHER FUNDS EXPENDITURES BY EXPENSE CATEGORY AS OF: DECEMBER 2024 (Budget vs Actual - 100.0% of year) ACTUALS COML Council Packet 3-11-25, Page 14 of 172 Page 11 of 11 Variances in capital funds (21.7% under budget in revenues at $8.2 million, 41.2% under budget in expenditures at $7.2 million) are related to timing of major projects. Capital funds are also lower than 2023’s actual revenues (22.9%) and expenses (9.0%) due to timing of project completions. Risk Management/ Employee Benefit Reserves are essentially on budget in revenue ($2.4 million) and slightly below budget in expenditures ($2.0 million, 87.4% of budget). Compared to 2023, revenue and expenses are above actuals by $644k and $164k respectively. The final payment on the 2004 water and sewer revenue bonds was made in 2024. The remaining bonds are the 2016 general obligation bonds which mature in 2026 and the State Treasurer LOCAL program borrowings for two fire trucks and the Larson Recreation Center. We will be requesting any remaining balances in bond and bond reserve funds be moved to appropriate funds in 2025 and the funds be closed. Details on individual other fund revenue and expense variances compared to budget and prior years can be found on Exhibit 1 attached. Conclusion Overall, Citywide results through year-end exceeded budgeted revenues and were under budget in expenditure. Citywide revenues ended the year slightly over budget at $104.2 million at 103.6% and exceeded 2023 by $8.4 million or 8.8%. Variances are due to normal timing of receipt of funds from grant funds, taxes or other revenue sources. Citywide expenditure is under budget by 15.3%, to end the year at $93.5 million or 84.7% of budget. Compared to 2023, expenditures are $1.8 million ahead of 2023 or 2.0% higher. Variances to budget are due to timing of major capital project completion, while variances to 2023 are the result of wage, benefit, liability insurance, professional services and utility cost increases. All funds have positive fund balances. At year-end, Citywide fund balance saw an increase of $10.7 million with net gains in all fund types. The General Fund saw a fund balance gain of $1.99 million resulting in an ending fund balance of $12.4 million in the General Fund. COML Council Packet 3-11-25, Page 15 of 172 COML Council Packet 3-11-25, Page 16 of 172 COML Council Packet 3-11-25, Page 17 of 172 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) Madeline Prentice, Acting City Manager 26736 Brian Baltzell, Public Works Director Public Works 3/11/2025 City Manager's Report Water Conservation - Enforcement 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 request the City Council provide direction on when to begin issuing Water Conservation citations to water utility customers that continue not following the established water conservation measures. Screenshot 2025-02-21 142454.jpg 62.82KB Screenshot 2025-02-21 142511.jpg 55.32KB COML Council Packet 3-11-25, Page 18 of 172 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: In 2023, City staff began enforcing the Water Conservation and Restrictions code (Moses Lake Municipal Code 13.07.010) through educational outreach. In 2024, a Water Conservation Technician was hired and the team focused on continuing to educate customers who were not following the conservation measures - resulting in over 500 City Works cases that resulted in "advisement", which is educational conversations, letters, phone calls, etc. After two years of educational outreach staff are seeking Council's approval to begin issuing citations to customers who continue to not follow the water conservation measures despite educational efforts. As currently written in MLMC 13.07.010, the steps to citation include: 1. Observed Non-compliance = Advisement/Education 2. First Offense = Written Warning 3. Second Offense = C-13 Penalty, $130 for 2025 4. Third Offense = C-7 Penalty, $230 for 2025 5. Fourth Offense = C-4 Penalty, $530 for 2025 All C – penalties are subject to state assessment and/or penalties There may be funds received from citations paid, but exact dollar amounts are difficult to gauge at this time. Options and Results Authorize staff to begin issuing citations as outlined in MLMC 13.07.010. Staff will bring back options for recommended changes. With no action taken, staff will continue to educate customers on the water conservation measures but citations will not be issued. COML Council Packet 3-11-25, Page 19 of 172 COML Council Packet 3-11-25, Page 20 of 172 COML Council Packet 3-11-25, Page 21 of 172 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: Madeline Prentice, Acting City Manager 26750 Doug Coutts, PRCS Director Parks, Recreation, and Cultural Services 3/11/2025 City Manager's Report Moses Lake Special Olympics Cheer Team Recognition City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Recognition of the Moses Lake Special Olympics Cheer Team for their State Championship victory on March 1st.  Competitive Cheerleading is the newest and fastest growing sport in Special Olympics and became a recognized Special Olympics Washington sport in 2018.  The Moses Lake Scorpion Cheer Team was formed in 2020 by Coach Kerry Aronsohn. They have taken home Gold medals every year they have competed at the State Winter Games. This season, they headed to Wenatchee on Feb. 28 for Opening Ceremonies and competed with cheer teams from all over Washington on March 1st. The Moses Lake Scorpions are a traditional team, meaning all the athletes are Special Olympic athletes as opposed to Unified, which has neurotypical athletes, or unified partners. They took home the Gold medal in the highest level as a traditional team, which included stunting and tumbling. They scored the 2nd highest score of the entire competition, right behind a unified team. On the team this year are athletes Rosemary, Evelyn, Abbie, Veronica, Karissa, Kyleigh, Astyn, Amarissa, Jazmine, Ashlynn, Bianca, Rachel, Lena, and Alice! They are so happy and excited to represent Moses Lake!  Thank you for inviting them to be here and share some cheer with you! None. Options and Results N/A COML Council Packet 3-11-25, Page 22 of 172 Provide Amended Direction: No Action Taken: N/A N/A COML Council Packet 3-11-25, Page 23 of 172 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 Madeline Prentice, Acting City Manager 26663 Vivian Ramsey, Interim Comm. Dev. Director Community Development 3/11/2025 Public Hearing Ordinance 3067 Emg Interim Land Use Regulations 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 that the City Council hold a public hearing related to the adoption of the interim official controls Ordinance No. 3067, an ordinance of the City of Moses Lake, Washington, relating to code text amendments regarding missing zoning standards within the City of Moses Lake unified development code, adopting interim land use regulations and official controls pursuant to RCW 35A.63.220 and RCW 36.70A.390 for multi-family tax exemption, residential exterior side- yard setbacks, Moses Lake Industrial Park zoning map amendment, and building orientation for infill development in the general commercial zoning district, declaring an emergency, adopting findings of fact, and establishing an effective date. 3067 Land Use Emg Interim Controls.pdf 9.45MB Interim Controls Workplan - 2025 varied amendments 2-12-2025.docx 20.78KB On February 11, 2025, the City Council declared an emergency and adopted Ordinance No. 3067 (Attachment A) and directed staff to return with a workplan (Attachment B). RCW 36.70A.390 provides: the City Council “shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption.” The full report and details are available within the February 11, 2025 Council Agenda; and this public hearing is within 60-days of Ordinance 3067 adoption. None foreseen. Options and Results COML Council Packet 3-11-25, Page 24 of 172 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: City staff will implement the workplan. Staff will bring back options for recommended changes. The City may not meet its statutory requirements.. COML Council Packet 3-11-25, Page 25 of 172 Page 1 of 11 ORDINANCE NO. 3067 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, RELATING TO CODE TEXT AMENDMENTS REGARDING MISSING ZONING STANDARDS WITHIN THE CITY OF MOSES LAKE UNIFIED DEVELOPMENT CODE, ADOPTING INTERIM LAND USE REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390 FOR MULTI-FAMILY TAX EXEMPTION, RESIDENTIAL EXTERIOR SIDE-YARD SETBACKS, MOSES LAKE INDUSTRIAL PARK ZONING MAP AMENDMENT, AND BUILDING ORIENTATION FOR INFILL DEVELOPMENT IN THE GENERAL COMMERCIAL ZONING DISTRICT, DECLARING AN EMERGENCY, ADOPTING FINDINGS OF FACT, AND ESTABLISHING AN EFFECTIVE DATE. Recitals: 1. The City of Moses Lake adopted the Title 15 – Unified Development Code October 4, 2024; and 2. Sections of the City of Moses Lake Municipal Code were inadvertently omitted and/or missing from the Unified Development Code; and 3. As the Community Development Department receives inquiries and permits, the sections needed to process and approve permits are necessary for successful development; and 4. As the Community Development Department receives inquiries and permits, determines sections bar the development due to inadvertent reduction of flexibility necessary for successful development; and 5. The City of Moses Lake is working toward the Growth Management Act Periodic Update RCW 36.70A.130) – Comprehensive Plan / Code update; and 6. The City of Moses Lake finds that omitted or missing sections should be included in the Unified Development Code; and 7. The City of Moses Lake finds that building orientation should not bar development; and 8. The City Council finds that the proposed interim development and zoning regulations are reasonable and necessary, and are therefore in the public interest; and 9. The need for code revisions creates a time sensitive emergency requiring the adoption of an interim zoning ordinance; and 10. The City is authorized to impose interim land use controls for up to six months if a work plan is developed for related studies providing for such longer periods pursuant to RCW 35A.63.220 and RCW 36.704.390; and Document Ref: N2MAP-BFYK4-PGQAO-QYWQF Page 1 of 11 ATTACHMENT A March 11, 2025 COML Council Packet 3-11-25, Page 26 of 172 Page 2 of 11 11. A public hearing on these interim regulations will be held within six months of adoption, pursuant to RCW 35A.63.220 and RCW 36.70A.390. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted and incorporated as Findings of Fact of the City Council. Section 2. Additional Findings. The Council may adopt further additional findings after the public hearing is held and evidence presented to the City Council. Section 3. This purpose of this ordinance is to: Return sections of former code that may have been inadvertently omitted; and Allow flexibility for building orientation. Section 4. The following new Sections are hereby adopted: Multi-family Housing Tax Exemption Amend Division 15.400. Zoning and Overlay Districts to add and read as follows: 15.429 Multi-family Housing Tax Exemption 15.429.010 Purpose: It is the purpose of RCW 84.14 to encourage new private multi-family housing development and redevelopment within cities that are planning under the Growth Management Act, where the legislative body has found that there are insufficient housing opportunities. To achieve this purpose, this chapter provides for special valuation for eligible improvements associated with the provision of multi-unit housing in residentially deficient urban centers. It is further intended to provide attractive, reasonable places to live close to employment, shopping, entertainment, and transit services and to promote neighborhood revitalization and community development. 15.429020 Definitions: A. “Multi-family housing” means building(s) having four (4) or more dwelling units designed for permanent residential occupancy resulting from new construction or rehabilitation or conversion of vacant, underutilized, or substandard buildings. B. “Owner” means the property owner of record. C. “Director” means the Community Development Director. D. “Permanent residential occupancy” means multi-unit housing that provides either rental or owner occupancy on a non-transient basis. This includes owner-occupied or rental accommodation that is leased for a period of at least one (1) month. This excludes hotels and motels that predominantly offer rental accommodation on a daily or weekly basis. E. “Rehabilitation improvements” means modifications to existing structures, that are vacant for twelve (12) months or longer, that are made to achieve a condition of substantial compliance with existing building codes or modification to existing occupied structures which increase the number of multi-family housing units. F. “Residential targeted area” means an area within an urban center that has been designated by the City Council as lacking sufficient, available, desirable, and convenient residential housing to meet the needs of the public. Document Ref: N2MAP-BFYK4-PGQAO-QYWQF Page 2 of 11 COML Council Packet 3-11-25, Page 27 of 172 Page 3 of 11 G. “Urban center” means a compact, identifiable district containing several business establishments, adequate public facilities, and a mixture of uses and activities, where residents may obtain a variety of products and services. 15.429.030 Residential Target Area Designation and Standards: A. Criteria. Following notice and a public hearing, as prescribed in RCW 4.14.040, the City Council may, in its sole discretion, designate one (1) or more residential target areas. The designated target area must meet the following criteria: 1. The target area is located within an urban center. 2. The target area lacks sufficient available, desirable, and convenient residential housing to meet the needs of the public who would likely live in the mixed use center if desirable, attractive, and livable places were available. 3. The provision of additional housing opportunities in the target area will assist the city in achieving the following purposes: a. Increasing residential opportunities within the target area. b. Stimulating the construction of new multi-family housing. c. The rehabilitation of existing vacant and under-utilized buildings for multi-family housing. 4. In designating the target area, the City Council may also consider other factors, including: a. Whether additional housing will attract and maintain an increasing number of permanent residents and help alleviate detrimental conditions caused by a lack of investment in underutilized vacant buildings. b. Whether an increased permanent residential population in the targeted area will help the city achieve the planning goals mandated by the Growth Management Act under RCW 36.70A.020. c. Whether additional housing may contribute to revitalization of a distressed neighborhood or area within the City. B. Target Area Standards and Guidelines. For the designated residential target areas, the City Council shall adopt basic requirements for both new construction and rehabilitation, including the application process and procedures. The City Council may also adopt guidelines to include the following: 1. Requirements that address demolition of existing structures and site utilization. 2. Building requirements that may include elements addressing parking, height, density, environmental impact, public benefit features, compatibility with surrounding property, and such other amenities as will attract and keep permanent residents and will properly enhance the livability of the residential target area. 3. The required amenities shall be relative to the size of the proposed project and the tax benefit to be obtained. The City Council may, by ordinance, amend or rescind the designation of a residential target area at any time pursuant to the same procedure as set forth in the original designation. C. Designated Target Area. The City Council has adopted Residential Target Area as indicated on the attached map. 15.429.040 Project Eligibility: A proposed project must meet the following requirements for consideration for a property tax exemption under this chapter: A. Location. The project must be located within Moses Lake’s Residential Targeted Area, as designated under Section 18.23.030 of this chapter. B. Size. The project must include at least four (4) units of multi-family housing within a residential structure or as part of a mixed-use development. A minimum of four (4) new units must be constructed or at least four (4) additional multi-family units must be added to existing occupied multi-family housing. Existing multi-family housing that has been vacant for twelve 12) months or more does not have to provide additional units so long as the project provides at Document Ref: N2MAP-BFYK4-PGQAO-QYWQF Page 3 of 11 COML Council Packet 3-11-25, Page 28 of 172 Page 4 of 11 least four (4) units of new, converted, or rehabilitated multi-family housing. C. Residential Displacement and Demolition.The project must not displace existing residential units, unless the units are certified not to meet current building and housing codes. The units can then be rehabilitated or replaced and included in the qualified portion of the project to receive the property tax abatement. If the units slated for replacement or demolition do meet current code, then the size of the project needs to be increased by the number of units that are being replaced or demolished and these replacement units would not qualify for the property tax abatement. Property proposed to be rehabilitated or developed must be vacant at least twelve (12) months before submitting an application. D. Permanent Residential Housing. At least fifty percent (50%) of the space designated for multi-family housing must be provided for permanent residential occupancy. E. Proposed Completion Date. New construction of multi-family housing and rehabilitation improvements must be scheduled to be completed within three (3) years from the date of approval of the application. F. Compliance with Guidelines and Standards. The project must be designed to comply with the city’s comprehensive plan, building, housing, and zoning codes, and any other applicable regulations in effect at the time the application is approved. Rehabilitation and conversion improvements must comply with all applicable housing codes. New construction must comply with the building code. The project must also comply with any other standards and guidelines adopted by the City Council for the residential target area in which the project will be developed. 15.429.050 Application Procedure: A property owner who wishes to propose a project for tax exemption shall complete the following procedures: A. Application. An application needs to be filed with the Community Development Department. A fee of five hundred thirty dollars ($530) needs to be included to cover the Grant County Assessor’s administrative costs. Upon approval of the application, the fee will be forwarded to the Grant County Assessor’s office for processing. A complete application shall include: 1. A completed City of Moses Lake application form setting forth the grounds for the exemption. 2. Preliminary floor and site plans of the proposed project. 3. A statement acknowledging the potential tax liability when the project ceases to be eligible under this chapter. 4. Verification by oath or affirmation of the information submitted. 5. For rehabilitation projects, the applicant shall also submit an affidavit that existing dwelling units have been unoccupied for a period of twelve (12) months prior to filing the application. B. Application Review and Issuance of Conditional Certificate. The Community Development Director may certify as eligible an applicant who is determined to comply with the requirements of this chapter. A decision to approve or deny an application shall be made within thirty (30) days of receipt of a complete application. 1. Approval. If an application is approved, the applicant shall enter into a contract with the city, subject to approval by the City Council, regarding the terms and conditions of the project. Upon City Council approval of the contract, the Community Development Director shall issue a Conditional Certificate of Acceptance of Tax Exemption. The Conditional Certificate expires three (3) years from the date of approval unless an extension is granted as provided in this chapter. 2. Denial. The Community Development Director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant’s last known address within ten (10) days of the denial. An applicant may appeal a denial to the City Council within thirty (30) days of receipt of notice. On appeal, the Community Development Director’s decision will be upheld unless the applicant can show that there is no substantial evidence on the record to support the Community Document Ref: N2MAP-BFYK4-PGQAO-QYWQF Page 4 of 11 COML Council Packet 3-11-25, Page 29 of 172 Page 5 of 11 Development Director’s decision. The City Council’s decision on appeal will be final. C. Extension of Conditional Certificate. The Community Development Director may extend the Conditional Certificate for a period not to exceed twenty-four (24) consecutive months. The applicant must submit a written request stating the grounds for extension. An extension may be granted if it is determined that: 1. The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner. 2. The owner has been acting, and could reasonably be expected to continue to act, in good faith and with due diligence. 3. All the conditions of the original contract between the applicant and the city will be satisfied upon completion of the project. D. Application for Final Certificate. Upon completion of the improvements agreed upon in the contract between the applicant and the city and upon issuance of a temporary or permanent certificate of occupancy, the applicant may request a Final Certificate of Tax Exemption. The applicant must file with the Community Development Department the following: 1. A statement of expenditures made with respect to all affected multi-family housing units and the total expenditures made with respect to the entire property. 2. A description of the completed work and a statement of qualification for the exemption. 3. A statement that the work was completed within the required three (3) year period plus any authorized extension. Within thirty (30) days of receipt of all materials required for a Final Certificate, the Community Development Director shall determine which specific improvements satisfy the requirements of this chapter. E. Issuance of Final Certificate. If the Community Development Director determines that the project has been completed in accordance with the contract between the applicant and the city and has been completed within the authorized time period, the Community Development Director shall, within ten (10) days, file a Final Certificate of Tax Exemption with the Grant County Assessor. 1. Denial and Appeal. The Community Development Director shall notify the applicant in writing that a Final Certificate will not be filed if the Community Development Director determines that: a. The improvements were not completed within the authorized time period. b. The improvements were not completed in accordance with the contract between the applicant and the city. c. The owner’s property is otherwise not qualified under this chapter. Within fourteen (14) days of receipt of the Community Development Director’s denial of a Final Certificate, the applicant may file an appeal with the City Council. On appeal, the Community Development Director’s decision will be upheld unless the applicant can show that there is no substantial evidence to support the Community Development Director’s decision. The City Council’s decision on appeal will be final. F. Annual Compliance Review. Within thirty (30) days after the first anniversary of the date of filing the Final Certificate of Tax Exemption and each year thereafter, for a period of eight (8) or twelve (12) years, the property owner shall file a notarized declaration with the Community Development Director indicating the following: 1. A statement of occupancy and vacancy of the multi-family units during the prior year. 2. A certification that the property continues to be in compliance with the contract with the city. 3. A description of any subsequent improvements or changes to the property. City staff shall also conduct on-site verification of the declaration. Failure to submit the annual declaration may result in the tax exemption being cancelled. Document Ref: N2MAP-BFYK4-PGQAO-QYWQF Page 5 of 11 COML Council Packet 3-11-25, Page 30 of 172 Page 6 of 11 G. Cancellation of Tax Exemption. If the Community Development Director determines the owner is not complying with the terms of the contract, the tax exemption may be cancelled. This cancellation may occur in conjunction with the annual review or at any other time when non- compliance has been determined. If the owner intends to convert the multi-family housing to another use, the owner must notify the Community Development Director and the Grant County Assessor within sixty (60) days of the change in use. 1. Effect of cancellation. If a tax exemption is cancelled due to a change in use or other non- compliance, the Grant County Assessor may impose the additional real property tax on the value of the non-qualifying improvements in the amount that would normally be imposed, plus a penalty of twenty percent (20%). This additional tax is calculated based upon the difference between the property tax paid and the property tax that would have been paid if it had included the value of the non-qualifying improvements dated back to the date that the improvements were converted to a non-multi-family use. The tax must include interest upon the amount of the additional tax as determined by the Assessor, and the additional tax owed, together with interest and penalty, will become a lien on the land and attach at the time the property or portion of the property is removed from multi-family use or the amenities no longer meet applicable requirements. 2. Notice of Appeal. Upon determining that a tax exemption is to be cancelled, and after the Community Development Director’s review with the City Manager, the Community Development Director shall notify the property owner by certified mail. The property owner may appeal the determination by filing a notice of appeal with the Finance Director within thirty (30) days, specifying the factual and legal basis for the appeal. The City Council will conduct a hearing at which all affected parties may be heard and all competent evidence received. The City Council may affirm, modify, or repeal the decision to cancel the exemption based on the evidence received. An aggrieved party may appeal the City Council’s decision to the Grant County Superior Court. EXHIBIT 1 MFTE Target Area Map Exterior Side yard setbacks: Amend Tables 15.405.090. R-1 Building Dimensional Standards, 15.405.100 Medium Density Residential (R-2) Standards, and 15.405.110 High Density Residential (R-3) Standards: as follows: Table 15.405.090. R-1 Building Dimensional Standards R-1 Building Dimensions Standard Reference Front yard and exterior side yard setback (for parking/vehicle/garage) 25 feet Front yard and exterior side yard setback (residential structure) 10 feet Rear setback 15 feet Side setback 5 feet Front yard and exterior side yard setback-porches, covered entryways, and similar unenclosed building projections 15 feet Maximum building height 35 feet Accessory dwelling unit (ADU) maximum height (1)24 feet 15.415.010 Document Ref: N2MAP-BFYK4-PGQAO-QYWQF Page 6 of 11 COML Council Packet 3-11-25, Page 31 of 172 Page 7 of 11 Accessory structure maximum height (1)20 feet Parking Requirements (1)2 off street spots per principal unit Minimum Lot Width (1)(2)(5)40 feet (25 on curves and cul-de- sac) Minimum Lot Depth (5)75 Minimum Lot Size (5)4,000 sq ft or 10 units per acre Table 15.405.100. R-2 Building Dimensional Standards R-2 Building Dimensions Standard Reference Front yard and exterior side yard setback (for parking/vehicle/garage) 25 feet Front yard setback (residential structure) 8 feet Exterior side yard setback-living space 15 feet Front yard and exterior side yard setback-porches, covered entryways, and similar unenclosed building projections 15 feet Rear setback 10 feet Side setback 5 feet Table 15.405.110. R-3 Building Dimensional Standards R-3 Building Dimensions Standard Reference Front yard and exterior side yard setback (for parking/vehicle/garage) 22 feet Front yard setback (residential structure) 8 feet Rear setback 10 feet Side setback 5 feet Exterior side yard setback living space 15 feet Front yard and exterior side yard setback porches, covered entryways, and similar unenclosed building projections 15 feet Maximum building height (1)50 feet (1) Accessory dwelling unit (ADU) maximum height (2)24 feet 15.415.010 Document Ref: N2MAP-BFYK4-PGQAO-QYWQF Page 7 of 11 COML Council Packet 3-11-25, Page 32 of 172 Page 8 of 11 Zoning Map Revision - Zoning Map amendment to replace Moses Lake Industrial Park (MLIP) with Light Industrial (LI) The Zoning Map will be revised as shown in EXHIBIT 2 Building Orientation: Amend 15.420.030 as follows: 15.420.030 Commercial Design Standards: A.In General. Commercial projects shall comply with the applicable sections of the City of Moses Lake Design Standards and Guidelines which are adopted by this reference as if fully set forth herein. B.Building Orientation. 1. Buildings shall be oriented towards the street, not towards the alley or parking area, except for infill lot development where adjacent lots, existing building orientation differ from front. The Director shall consider the surrounding development character in building orientation. This exception does not apply to the C1 and C1A Commercial zones. 2.Pedestrian entrances shall provide direct access to the public sidewalk. 3. Where parcels have multiple frontages, buildings shall be designed with orientation towards both streets as much as feasible. Section 5. Appeals. Interim controls are not subject to appeal. Section 6. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70.390, the City Council shall hold a hearing on this interim ordinance before adoption in order to take public testimony. Section 7. Duration of Interim Regulations. The interim amendments adopted by this ordinance shall remain in effect until six (6) months from the effective date and shall automatically expire unless the same are extended as provided in RCW 36.70A.390 and RCW 35A.63.220 prior to that date, or unless the same are repealed or superseded by permanent amendments prior to that date. Section 8. Planning Commission Work Program. The City of Moses Lake Planning Commission is hereby directed to review the interim regulations in 2025. The Commission shall make a recommendation on whether said amendments, or some modification thereof, should be permanently adopted. The Moses Lake Planning Commission is directed to complete its review, to conduct such public hearings as may be necessary or desirable, and to forward its recommendation to the Moses Lake City Council prior to the expiration of the interim amendments. The work program shall include input from citizens and City staff. Section 9. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 10. Enforcement. Violations of this ordinance are enforceable to the same extent as other Document Ref: N2MAP-BFYK4-PGQAO-QYWQF Page 8 of 11 COML Council Packet 3-11-25, Page 33 of 172 Page 9 of 11 violations of Title 15 MLUDC and are equally subject to injunctive and other forms of civil relief that the City may seek. Section 11. Conflict. In the event that there is a conflict between the provisions of this ordinance and any other City ordinance, the provisions of this ordinance shall control. Section 12. Declaration of Emergency. The Moses Lake City Council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety and welfare of the City of Moses Lake, pursuant to RCW 35A.13.190. Section 13. Effective Date. This Ordinance shall take effect and be in full force and effect immediately upon passage, as set forth herein. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on February 11, 2025. 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: Aye Aye Aye Aye Aye Aye Aye Date Published: Date Effective: February 18, 2025 February 11, 2025 Document Ref: N2MAP-BFYK4-PGQAO-QYWQF Page 9 of 11 COML Council Packet 3-11-25, Page 34 of 172 Page 10 of 11 EXHIBIT 1 Document Ref: N2MAP-BFYK4-PGQAO-QYWQF Page 10 of 11 COML Council Packet 3-11-25, Page 35 of 172 Page 11 of 11 EXHIBIT 2 Document Ref: N2MAP-BFYK4-PGQAO-QYWQF Page 11 of 11 COML Council Packet 3-11-25, Page 36 of 172 REF. NUMBER N2MAP-BFYK4-PGQAO-QYWQF DOCUMENTCOMPLETED BYALLPARTIESON 14 FEB 2025 16: 36:43 UTC SIGNER TIMESTAMP SIGNATURE MAYOR DUSTIN SWARTZ EMAIL DSWARTZ@CITYOFML.COM SENT 12 FEB 2025 19: 19: 07 UTC VIEWED 12 FEB 2025 20: 43: 41 UTC SIGNED 12 FEB 2025 20: 43: 54 UTC IP ADDRESS 74. 82.240. 250 LOCATION MOSES LAKE, UNITED STATES RECIPIENT VERIFICATION EMAILVERIFIED 12 FEB 2025 20: 43: 41 UTC DEBBIE BURKE EMAIL DBURKE@CITYOFML.COM SENT 12 FEB 2025 19: 19: 07 UTC VIEWED 13 FEB 2025 00: 12: 22 UTC SIGNED 13 FEB 2025 00: 12: 37 UTC IP ADDRESS 63.135.54.162 LOCATION MOSES LAKE, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 13 FEB 2025 00: 12: 22 UTC Signed with PandaDoc PAGE 1 OF 2 COML Council Packet 3-11-25, Page 37 of 172 REF. NUMBER N2MAP-BFYK4-PGQAO-QYWQF DOCUMENTCOMPLETED BYALLPARTIESON 14 FEB 2025 16: 36:43 UTC SIGNER TIMESTAMP SIGNATURE KATHERINE KENISON EMAIL KKENISON@BASINLAW.COM SHARED VIA LINK SENT 12 FEB 2025 19: 19: 07 UTC VIEWED 14 FEB 2025 16: 36: 19 UTC SIGNED 14 FEB 2025 16: 36: 43 UTC IP ADDRESS 66.243.234.211 LOCATION ELLENSBURG, UNITED STATES Signed with PandaDoc PAGE 2 OF 2 COML Council Packet 3-11-25, Page 38 of 172 Attachment B March 11, 2025 WORK PLAN-Ordinance 3067 Interim controls for 2025 which include: • Multi-family Tax Exemption, • Residential exterior side-yard setbacks, • Moses Lake Industrial Park Zoning map amendment, and • Building orientation for infill development in the General Commercial zoning district Task Time frame Responsible Staff Planning Commission introduction to Ordinance No. 3067 February 13, 2025 Planning Manager Develop outreach and public information Feb 13- March 5 Senior Planner City Council Public Hearing- Emergency Interim Controls March 11 Planning Manager Circulate Code Amendments for Comment - SEPA review of Codes - Sixty-day state agency review March 2 – May 2 Planning Manager As applicable, re-draft amendments based on comments Senior Planner Planning Commission workshop May 15 Planning Manager As applicable, re-draft amendments as recommended by Planning Commission Senior Planner Planning Commission Public Hearing and Recommendation June 12 Planning Manager City Council Review (first reading) June 24 Planning Manager City Council Adoption (second reading) July 8 Planning Manager COML Council Packet 3-11-25, Page 39 of 172 MOSES LAKE CITY COUNCIL February 11, 2025 STUDY SESSION GTH-Gov representatives Briahna Murray and Colleen Meiners provided a draft 2025 Legislative Agenda. There will be one funding request for Well 29 Water Quality with a backup to request funding for Well 17 Pump Replacement. Six policy issues were listed, and Council added tasks for opposition on HB1334 regarding increased property tax and supporting Representative Tom Dent’s bill on a mechanism for airport funding. The consultants requested changes after tonight be provided to them by Acting City Manager Madeline Prentice. Action taken: Council Member Fancher moved to approve the 2025 Legislative Agenda as presented and discussed, second by Council Member Lombardi. The motion carried 7 – 0. EXECUTIVE SESSION Mayor Swartz called an Executive Session from 6:22 p.m. to 6:32 p.m. to discuss potential litigation pursuant to RCW 42.30.110(1) subsection (i). 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, and Myers. Council Member Martinez was in attendance remotely. PLEDGE OF ALLEGIANCE Mayor Swartz led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Martinez moved to approve the Agenda as presented, second by Council Member Fancher. The motion carried 7 – 0. CITIZEN’S COMMUNICATION Interim Land Use Controls Ordinance 3067 – Debbie Doran-Martinez, Moses Lake, expressed concern on ground level retail downtown being replaced with housing and requested the Interim Controls not be adopted tonight. Homeless Rehabilitation – Joseph Moriarty, Moses Lake, provided an update on four successes he has had getting homeless persons into rehab since expanding his services on Sundays in December. He is working on partnerships to open transitional services for both men and women. PUBLIC HEARING #1 Title 15 Amendment – Local Projects Review Act Ordinance 3066 Staff initiated processes to update the Unified Development Code (UDC) in accordance to state legislature amendments in 2024 to RCW 36.70B.080. No comments from the public COML Council Packet 3-11-25, Page 40 of 172 CITY COUNCIL MINUTES – February 11, 2025 pg. 2 have been received to amend MLMC 15.210.070 Final Decisions and Notice of Decision. Council inquired and staff responded that there is no concern on meeting the new criteria. Mayor Swartz opened the hearing at 6:52 p.m., there were no comments and the hearing was closed. Action taken: Council Member Skaug moved to adopt Ordinance 3066 as presented, second by Council Member Lombardi. The motion carried 7 – 0. CONSENT AGENDA #2 a. City Council Meeting Minutes Dated January 21, 2025b.Electronic Transfer: N/AChecks: 168670 - 168848 - $1,239,965.05Payroll Checks: 01-31-2025 PR, #66603 - 66610 - $7,485.34 Electronic Payments: 01-31-2025 Direct Deposit - $657,333.45c.SLCGP Cyber Security Grant Awardd. Accept Improvements Sand Hill Major Plat Resolution 4001e.Industrial Waste Water Permit Group 14 BAM-2 Incf.Stormwater Comprehensive Plan Contract Addendum Action taken: Council Member Lombardi moved to approve the Consent Agenda as presented, second by Council Member Myers. The motion carried 7 – 0. NEW BUSINESS #3 Emergency Interim Controls Land Use Ordinance 3067 The ordinance amends missing content from prior zoning code when MLMC Title 15 was adopted for Multi-Family Housing Tax Exemptions, Residential Exterior Side Yard Setback Standards, Zoning Map Light Industrial, and Building Orientation. The interim controls will be effective immediately with a public hearing scheduled within six months. Action taken: Council Member Fancher moved to adopt the Emergency Interim Controls on Land Use Ordinance 3067, second by Council Member Martinez. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Temporary / Transient Vendor Permits Acting City Manager Madeline Prentice advised that staff will be posting signs with a QR Code for information related to Permits and Code Enforcement for Temporary/Transient Vendors. Parks, Recreation, and Cultural Services (PRCS) Department PRCS Director Doug Coutts updated Council on the Futsol Court designs, distributed Spring Recreation Guide and a flyer for Museum Frosty Finds Flea Market and Appraisal Fair on February 22. COML Council Packet 3-11-25, Page 41 of 172 CITY COUNCIL MINUTES – February 11, 2025 pg. 3 following week for County Commissioners. The Lodging Tax Advisory Committee is in final stages to approve a new platform to track attendance at community events. ADJOURNMENT The regular meeting was adjourned at 7:10 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk COUNCIL COMMUNICATIONS AND REPORTS Council Member Lombardi met with elected officials during Port Day in Olympia and the COML Council Packet 3-11-25, Page 42 of 172 MOSES LAKE CITY COUNCIL February 25, 2025 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Swartz in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington. ROLL CALL Present: Mayor Swartz, Deputy Mayor Madewell, Council Members Myers, Martinez, Fancher, Skaug, and Lombardi. PLEDGE OF ALLEGIANCE Deputy Mayor Madewell led the Council in Flag Salute. AGENDA APPROVAL Action taken: Council Member Fancher moved to approve the Agenda as presented, second by Council Member Lombardi. The motion carried 7 – 0. PRESENTATION Review of Water Conservation Regulations MLMC 13.07.010 Public Works Director Brian Baltzell provided a slide deck to illustrate the water consumption since 2020, summary of violation warnings in 2024, and potable water conversion of Larson Playfield to lake water. Council requested a user survey be added to the smart meter education packet. SUMMARY REPORTS MAYOR’S REPORT Ad Hoc Homeless Committee Appointment Mayor Swartz recommended appointment of community member Brandon Douglas to the Ad Hoc Homeless Committee as recommended by staff. Action taken: Council Member Martinez moved to confirm appointment of Brandon Douglas to the Ad Hoc Homeless Committee, second by Council Member Myers. The motion carried 7 – 0. CITY MANAGER’S REPORT Acting City Manager Madeline Prentice requested authorization from the Council to endorse a letter of support for the Opportunities Industrialization Center (OIC) of Washington for Homeless Veterans Reintegration Program (HVRP) funding. Housing and Grants Manager Lizbeth Murillo responded to request of 15 Veterans using the sleep center in 2024. Action taken: Council Member Lombardi moved to authorize Acting City Manager Madeline Prentice to sign the OIC letter of support, second by Council Member Fancher. The motion carried 7 – 0. COML Council Packet 3-11-25, Page 43 of 172 CITY COUNCIL MINUTES – February 25, 2025 pg. 2 CITIZEN’S COMMUNICATION Homeless Suggestions. Steven Smallwood, Moses Lake shared his ideas on implementing programs to transition homeless back into the workforce. Housing Grants Manager Liz Murillo and Mayor Swartz would like to see the recommended peer support come from existing social service agencies. CONSENT AGENDA #1 a. City Council Meeting Minutes January 28, 2025 b. Checks: 168849 – 169050 - $1,283,370.96Payroll Checks: 02-14-2025 PR, #66611 - 66618 - $7,633.13Electronic Payments: 02-14-2025 Direct Deposit - $646,573.76c. License Agreements (Springfest and Farmer’s Market) d. Accept Larson Playfield Irrigation Conversion (GC2023-180) e. Accept Improvements Lakemont Planned Dev. Resolution 4005 Action taken: Council Member Myers moved to approve the Consent Agenda, second by Council Member Lombardi. The motion carried 7 – 0. OLD BUSINESS #2 RJB Subdivision Deferral Request Resolution 4006 The engineering firm for the RJB short plat requested use of a septic system and on-site well for potable water. City staff will require them to sign a covenant to connect to city services when available, complete street work to city standards, and must meet fire protection requirements as assessed during the building permit application. Action taken: Council Member Skaug moved to adopt Resolution 4006 as written, second by Council Member Martinez. The motion carried 7 – 0. NEW BUSINESS #3 Accept Operation Facility Reroof Project Garland Contractor and Fisher Construction were hired to manage the repair of a leaking roof. They provided the low bid and the project was completed within budget. The 60-day contract was extended four days due to weather delays. Action taken: Council Member Martinez moved to approve the Operation Facility Reroof Project as presented, second by Council Member Fancher. The motion carried 7– 0. #4 Authorize Request For Proposal (RFP) for Consultant for Comprehensive Plan Update Staff requests approval to solicit consultants to assist us with the 2027 Comprehensive Plan Update. An environmental impact statement will need to be completed during the process in addition to having a strong public participation program, and a need to revise development regulations to ensure they align with the new plan. COML Council Packet 3-11-25, Page 44 of 172 CITY COUNCIL MINUTES – February 25, 2025 pg. 3 Action taken: Council Member Martinez moved to approve RFP for a Comp Plan Update Consultant as presented, second by Council Member Madewell. The motion carried 7– 0. ADMINISTRATIVE REPORTS Parks, Recreation, and Cultural Services (PRCS) Updates PRCS Director Doug Coutts provided an update on the retrofit and movement of sports sculptures originally placed downtown. Staff will look into ideas for downtown art using the 1% for the Arts Funding. Staff are working with the community on improving the iconic lake fountain and there has been discussion to potentially install a second fountain in a different location to improve the aeration and quality of lake water. The Museum received the David Douglas Award from the Washington State Historical Society for its updated permanent exhibit pods. Established in 1979, this award honors the impactful contributions made by individuals or organizations through various projects, exhibits, and digital presentations, or programs. Association of WA Cities - Well City Status Human Resources Director Shannon Springer reported that the City has integrated safety into its Wellness committee initiatives and has achieved Well City status again to qualify for a 2% premium discount on health insurance, about $60,000 in savings annually. She congratulated Facilities Manager Josh McPherson as past Chair and all of the committee members for their hard work. COUNCIL COMMUNICATIONS AND REPORTS Council Members Myers, Fancher, and Skaug participated in the Community Development & Public Works Committee meeting. They noted that the contractors will be responsible for the 20 sewer connections on Westshore, discussed the annexation of the UGA, the potential impacts on services, and staff’s need for policies for services in the UGA. Council Member Martinez attended the Association of Washington Cities 2025 Action Days held in Olympia. The discussions among state legislators primarily focused on increasing revenues. She engaged with several legislators regarding capital budget requests, the city's water conservation initiatives, and spent time with our lobbyist, Briahna Murray. Council Member Lombardi acknowledged Parks, Recreation, and Cultural Services Director Doug Coutts for his efforts in negotiating the license agreements with Spring Fest and the Farmers Market. He also reported the Port of Moses Lake has been discussing their strategic plan and industrial development districts. Mayor Swartz attended a Water Resource Committee meeting regarding the Urban Growth Area (UGA) water connections and they anticipate one more meeting to ensure that their policies are in order for new developments. ADJOURNMENT The regular meeting adjourned at 7:57 p.m. COML Council Packet 3-11-25, Page 45 of 172 CITY COUNCIL MINUTES – February 25, 2025 pg. 4 ______________________________________ Dustin Swartz, Mayor ATTEST___________________________ Debbie Burke, City Clerk COML Council Packet 3-11-25, Page 46 of 172 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: Packet Attachments (if any) Mayor and City Council 26755 Madeline Prentice, Acting City Manager Finance 3/11/2025 Consent Agenda Disbursement report since February 25, 2025 City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 1,408,831.36$1,408,831.36$0.00$ Action Requested Staff recommends City Council 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: 169051 - 169174 - $699,180.14 Payroll Checks: 02-28-2025 PR, #66619 - 66624 - $42,569.61 Electronic Payments: 02-28-2025 Direct Deposit - $667,081.61 Vouchers - 03.11.2025.pdf 111.48KB COML Council Packet 3-11-25, Page 47 of 172 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. COML Council Packet 3-11-25, Page 48 of 172 TOTALS BY FUND:Est. Fund Bal.Est. Fund Bal. FUND NO FUND NAME 2/28/2025 AMOUNT 3/11/2025 001 GENERAL FUND 11,931,817 68,707.32 11,863,110 102 TOURISM 2,117,123 - 2,117,123 103 GRANTS AND DONATIONS 1,251,272 9,233.83 1,242,038 105 ARPA 1,649,725 - 1,649,725 110 HOMELESS SERVICES 668,515 35,312.91 633,202 111 OPIOID ABATEMENT 310,192 - 310,192 112 PUBLIC ARTS PROGRAM 86,906 - 86,906 114 PATHS/TRAILS 83,893 - 83,893 116 STREET 775,302 2,561.73 772,740 119 STREET REPR/RECON 3,797,288 12,094.04 3,785,193 170 TRANSPORTATION BENEFIT DISTRICT 3,471,389 - 3,471,389 282 LOCAL BORROWING 984,872 - 984,872 286 REFUNDING GO BONDS 2015 170,347 - 170,347 314 PARK & RECREATION IMPROVEMENTS 34,677 - 34,677 315 PARK MITIGATION CAPITAL PROJECTS 25,290 - 25,290 320 FIRE MITIGATION FUND 974,183 - 974,183 322 WATER REMIDIATION 1,410,968 72,254.03 1,338,714 393 STORMWATER CAPITAL 12,215 12,215 411 WATER 8,334,749 22,218.85 8,312,530 412 WASTEWATER 2,988,083 32,225.77 2,955,857 450 2011 BOND FUND 10,304 - 10,304 452 2004 BOND FUND 5,732 - 5,732 471 WATER RIGHTS 1,616,377 - 1,616,377 477 WATER CONSTRUCTION 4,869,027 10,739.08 4,858,288 478 WASTEWATER CONSTRUCTION 246,154 246,154 485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196 487 2015 GO BONDS REDEMPTION 6,617 - 6,617 490 SANITATION 2,915,718 332,748.96 2,582,969 493 STORM WATER 877,944 60,699.82 817,245 495 AIRPORT 80,593 3,447.00 77,146 498 AMBULANCE 1,704,537 4,517.85 1,700,019 501 UNEMPLOYMENT COMPENSATION INSURANCE 190,696 - 190,696 503 SELF-INSURANCE 619,302 - 619,302 517 CENTRAL SERVICES 857,978 16,355.73 841,623 519 EQUIPMENT RENTAL 2,399,501 6,065.81 2,393,435 528 BUILDING MAINTENANCE 1,529,451 4,813.66 1,524,637 611 FIRE PENSION 541,478 - 541,478 623 DEPOSIT 1,465,784 5,183.75 1,460,600 631 STATE 7,993 - 7,993 TOTAL 61,044,189$ 699,180.14$ 60,345,008$ City of Moses Lake Tabulation of Claims Paid-Summary by Fund Council Meeting Date-03/11/2025 COML Council Packet 3-11-25, Page 49 of 172 Check Name Check Amount Check Date Invoice Description 169051 L & M Investments Llc 19.62 02/19/2025 Refund Utility Overpayment 169052 Maria E Verduzco Negrete 106.25 02/19/2025 Refund Utility Overpayment 169053 The Estate Of Lawrence Tracy 93.24 02/19/2025 Refund Utility Overpayment 169054 Caleb Martin 213.00 02/19/2025 Wstoa Training 2025 169055 Isaac Taylor 276.00 02/19/2025 Wstoa Training 2025 169056 Jaime Gonzalez 258.00 02/19/2025 Backflow Assembly Testing 2025 169057 Jim Flippen 215.00 02/19/2025 Tymco Training 2025 169058 Kyle Mccain 72.00 02/19/2025 Wstoa Training 2025 169059 Ray Lopez 213.00 02/19/2025 Wstoa Training 2025 169060 Rudy Valdez 213.00 02/19/2025 Wstoa Training 2025 169061 Shanda Creiglow 258.00 02/19/2025 Backflow Assembly Testing 2025 169063 Basin Refrigeration & Heating Inc.788.69 02/20/2025 Release Retainage Contract 169064 Benjamin Carrillo Guzman 244.11 02/20/2025 Union Boot Reimbursement 2025 169065 Dean Mcpherson 500.00 02/20/2025 Union Boot Reimbursement 2025 169066 Triston Duplichan 1,878.00 02/20/2025 Seizure Funds Release 169067 Andrew Rose 63.47 02/28/2025 Refund Utility Overpayment 169068 Brandon Guernsey 128.64 02/28/2025 Refund Utility Overpayment 169069 Carolyn Benzal 207.79 02/28/2025 Refund Utility Overpayment 169070 David Seth Haehl 121.76 02/28/2025 Refund Utility Overpayment 169071 Teresa Meyers 290.36 02/28/2025 Refund Utility Overpayment 169072 Curt Ledeboer 5,638.49 02/20/2025 Replenish Buy Money 169073 Lakeside Disposal, Inc 331,717.83 02/20/2025 Monthly Contract Payment Jan 25 169074 4Imprint, Inc.295.34 02/28/2025 Balloons 169075 A & H Printers Inc 221.35 02/28/2025 Business Cards 169076 A-L Compressed Gases Inc 146.48 02/28/2025 Welding Helmet 169077 Aaa Readymix Inc 638.86 02/28/2025 Concrete Delivery 169078 Ada Enterprises, Inc.5,055.80 02/28/2025 Bike Racks 169079 Ag Supply Ace Hardware 3.88 02/28/2025 Fasteners/Locknuts 169080 Alan Key 200.00 02/28/2025 Preemployment Polygraph 169081 Amazon Capital Services, Inc.818.17 02/28/2025 Amazon Jan 2025 169082 American Linen Inc 448.94 02/28/2025 Ambulance Linens 169083 American Water Works Association 2,592.00 02/28/2025 2025 Membership Renewal 169084 Anatek Labs, Inc.1,160.00 02/28/2025 Sample Testing 169085 Anatek Labs, Inc. -Yakima 195.00 02/28/2025 Sample Testing 169086 Basin Insurance Associates, Inc 3,447.00 02/28/2025 Airport Insurance 2025 169087 Basin Propane Llc 85.22 02/28/2025 Propane @ Sleep Center 169088 Basin Septic Services Inc 3,298.40 02/28/2025 Skate Park - Feb '25 169089 Bud Clary Ford Llc 361.05 02/28/2025 Equipment Parts 169090 Cascade Natural Gas Corp 6,218.18 02/28/2025 Natural Gas Utilities 169091 Centurylink 1,484.80 02/28/2025 Telephone Services 169092 Centurylink 3,593.32 02/28/2025 Telephone Services 169093 Columbia Basin Herald 79.68 02/28/2025 Ordinance 3065 Ad 169094 Consolidated Electrical Distributors Inc 41.32 02/28/2025 Hole Seal/Bushings/Cord Grip 169095 Copiers Northwest Inc 145.55 02/28/2025 Equipment Contract Fees 169096 D & D Electric Motor Srvc Inc 465.03 02/28/2025 Mechanical Seal 169097 Databar Inc 3,829.39 02/28/2025 Utility Billing Invoices City of Moses Lake Checks Issued with Summary Description For March 11th, 2025 Council Meeting COML Council Packet 3-11-25, Page 50 of 172 Check Name Check Amount Check Date Invoice Description 169098 Dell Marketing 7,309.55 02/28/2025 Stock Items 169099 Dobbs Peterbilt- Moses Lake 43.98 02/28/2025 Brake Chamber 169100 Elevate Government Affairs, Llc 68,000.00 02/28/2025 Government Relations Services 169101 Faber Industrial Supply 3,116.94 02/28/2025 Parts/Supplies 169102 Ferrellgas 79.57 02/28/2025 Propane 169103 Galls Llc 1,172.58 02/28/2025 Uniform 169104 Grainger Parts Operations 250.68 02/28/2025 Supplies 169105 Grant County Parent Vendor 6,720.00 02/28/2025 Municipal Filing Fees- Q4 2024 169106 Gray & Osborne, Inc.13,308.27 02/28/2025 East Low Canal Water Quality Investigation 169107 H D Fowler Company 2,620.81 02/28/2025 Water Parts/Supplies 169108 Home Depot Credit Services 738.75 02/28/2025 January Statement 2025 169109 Hopesource 34,883.96 02/28/2025 Sleep Center Professional Services 169110 Ideal Mfg Inc 154.00 02/28/2025 Transformer 169111 Jerrys Auto Supply 762.71 02/28/2025 Equipment Parts 169112 Jims Lock Service Llc 54.25 02/28/2025 Key Blanks 169113 K&N An Impel Company 8,652.56 02/28/2025 Blower Motor Repair 169114 Katherine Kenison, Ps 26,812.00 02/28/2025 City Atty Services For Jan 2025 169115 Life -Assist, Inc.137.46 02/28/2025 Medical Supplies 169116 Lowes 5,131.26 02/28/2025 January Statement 2025 169117 Mckesson Medical-Surgical 246.20 02/28/2025 Medical Supplies 169118 Media Index Publishing 2,250.00 02/28/2025 Ltac Advertising 169119 Moon Security Services Inc 727.11 02/28/2025 Security Services 169120 Moses Lake Sheet Metal 851.73 02/28/2025 Parts/Supplies 169121 Moses Lake Steel Supply 241.65 02/28/2025 Parts/Supplies 169122 Norco Enterprises Inc 527.24 02/28/2025 Cylinder Rentals 169123 North 40 Outfitters 384.57 02/28/2025 Parts/Supplies 169124 Northstar Chemical Inc 5,307.75 02/28/2025 Sodium Hypochlorite 169125 Northwest Safety Clean 188.33 02/28/2025 Professional Services 169126 Northwest Sales Group, Inc.549.55 02/28/2025 Elite Tool 169127 Oreilly Auto Parts 230.11 02/28/2025 Equipment Parts 169128 Owen Equipment Company 769.91 02/28/2025 Parts/Supplies 169129 Oxarc Inc 41.58 02/28/2025 Acetylene 169130 Pacific Aerial Services Inc 860.00 02/28/2025 Dielectric & Boom Inspections 169131 Pitney Bowes Inc 1,613.98 02/28/2025 Postage Machine Lease 169132 Platt Electric 133.80 02/28/2025 Terminal Bar/Terminal Block 169133 Pollardwater.Com 83.82 02/28/2025 Sonoscopes 169134 Pud Of Grant County 34,233.46 02/28/2025 Electric Services 169135 Qcl Inc 270.00 02/28/2025 Random Employee Drug Testing 169136 Racom Corporation 299.46 02/28/2025 Supplies 169137 Rells Fire Equipment Inc 231.10 02/28/2025 Fire System Monitoring 169138 Rh2 Engineering Inc.1,684.84 02/28/2025 On-Call Electrical Engineering Services 169139 Shirtbuilders Inc 5,534.30 02/28/2025 Shirts/Sweatshirts 169140 Sirennet.Com 1,885.25 02/28/2025 Equipment Parts 169141 State Auditors Office 1,575.28 02/28/2025 Audit Professional Services 169142 Titan Machinery, Inc.13.01 02/28/2025 Misc. Parts 169143 Toole Design Group 7,094.04 02/28/2025 Sr17/Stratford Road.Gc2023-115 169144 True North Env Equipment 59,341.39 02/28/2025 Stormwater Camera/Software Package 169145 Tyco Inc 36.49 02/28/2025 10W30 Oil 169146 Uline 34.18 02/28/2025 Decals 169147 United States Plastic Corp 55.60 02/28/2025 Pvc Parts 169148 Ups Freight 78.26 02/28/2025 Weekly Service Fees COML Council Packet 3-11-25, Page 51 of 172 Check Name Check Amount Check Date Invoice Description 169149 Usps/Pb Postage By Phone 4,000.00 02/28/2025 Postage Machine Refill 2.2025 169150 Util Undrgrnd Location Center 93.15 02/28/2025 Locates - January 2025 169151 Washington Public Treasurers Asso.50.00 02/28/2025 W. Parks Wpta Renewal 2025 169152 Weinstein Beverage Company 457.94 02/28/2025 Water 169153 Whitmer Public Safety Group 43.59 02/28/2025 Uniform 169154 Zoll Medical Corp 278.48 02/28/2025 Medical Supplies 169155 Tyler St. Onge 213.00 03/04/2025 Wstoa Training 2025 169156 Adams County Sheriff'S Office 2,100.00 03/04/2025 Training Reimbursement 2025 169157 Adora Friedbauer 213.18 03/04/2025 Ambulance Account Overpayment 169158 Brad Mitchell 244.11 03/04/2025 Union Boots 2025- Manager Approved 169159 Diego Rangel 244.32 03/04/2025 2025 Union Boots 169160 Don Terrell 225.62 03/04/2025 2025 Boot Reimbursement 169161 Jacqueline Macniel 1,085.81 03/04/2025 Ambulance Overpayment Refund 169162 Jeff Sursely 274.59 03/04/2025 Reimburse Rental Car Expense 169163 Jennifer Lyn Clough 31.11 03/04/2025 Ambulance Overpayment Refund 169164 Lad Irrigation Company Inc 1,546.46 03/04/2025 Well 24 Repair Retainage Release 169165 Maxx Prop1 Llc 85.00 03/04/2025 City Endorsement Reimbursement 169166 Melcher Living Trust 376.58 03/04/2025 Ambulance Overpayment Refund 169167 Pape Machinery 534.65 03/04/2025 Retainage Release- Overhead Door Task No. 4 169168 Richard Garza 453.62 03/04/2025 Seizure Funds Released 169169 Stephanie Cortez 85.00 03/04/2025 City Endorsement Reimbursement 169170 Tyler St. Onge 324.60 03/04/2025 St.Onge/Metcalf Boots 2025 169171 Derek Peters 117.00 03/05/2025 Worksite Summit 2025 169172 Heidi Merritt 117.00 03/05/2025 Worksite Summit 2025 169173 Joseph Enderton 96.00 03/05/2025 Technique Of Investigative Interviewing 169174 Logan Dunn 225.00 03/05/2025 Electrical Training 2025 699,180.14$ COML Council Packet 3-11-25, Page 52 of 172 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: Madeline Prentice, Acting City Manager 26737 Brian Baltzell, Public Works Director Public Works 3/11/2025 Consent Agenda Award Crack Seal Project City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 179,200.00$1,650,000.00$0.00$ Staff recommends City Council motion to award the "Crack Seal Project - 2025" to the apparent low bidder, Fine Seal Coating & Striping, LLC of Yakima, for the bid contract price of $179,200. Bid_Summary_for_Crack_ Seal_2025.xlsx 21KB Crack_Seal_Project-2025_Appendix_A_Street_List.pdf 3.07MB This project includes crack sealing approximately 700,000 LF with rubberized asphalt on the designated streets within the City of Moses Lake. This project also includes notification to affected customers, traffic control, preparation of cracks, application of sand or detack, and measurement of completed crack seal. A list including the streets to be sealed is included in the attached Appendix A, Street List. The Contract will be awarded based upon quantities as shown in the proposal. The Engineer reserves the right to add or delete streets on the list, or to change their priority, if it is in the best interest of the City. This project will require budgeted funds to be spent in the amount of $179,200. Some additional funding will be spent to cover other costs including engineering and inspector labor. This project is a portion of the $1,650,000 approved budget for the Pavement Preservation Program GC2025-255. Options and Results City staff will execute the contract with the apparent low bidder, Fine Seal Coating & Striping, LLC. COML Council Packet 3-11-25, Page 53 of 172 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. City staff will wait for further instructions. COML Council Packet 3-11-25, Page 54 of 172 03/04/2025 Contract GC2025-239 Schedule A Fine Sealcoating and Striping Quality Paving, Inc. ENGINEER'S ESTIMATE Yakima, WA Moses Lake, WA APPROX.ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Crack Sealing - Rubberized Asphalt 700,000 LF $0.370 $259,000.00 $0.256 $179,200.00 $0.300 $210,000.00 Subtotal Schedule A $259,000.00 $179,200.00 $210,000.00 Sales Tax 0.0%$0.00 $0.00 $0.00Total Schedule A $259,000.00 $179,200.00 $210,000.00 Schedule A BCV, Inc.Specialized Pavement Marking ENGINEER'S ESTIMATE Wenatchee, WA Yakima, WA APPROX.ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Crack Sealing - Rubberized Asphalt 700,000 LF $0.370 $259,000.00 $0.350 $245,000.00 $0.620 $434,000.00 Subtotal Schedule A $259,000.00 $245,000.00 $434,000.00 Sales Tax 0.0%$0.00 $0.00 $0.00Total Schedule A $259,000.00 $245,000.00 $434,000.00 BID SUMMARY CRACK SEAL PROJECT - 2025 https://moseslake-my.sharepoint.com/personal/tvaldez_cityofml_com/Documents/Desktop/Bid_Summary_for_Crack_ Seal_2025 COML Council Packet 3-11-25, Page 55 of 172 02/1 3/2025 CRACK SEAL PROJECT 2025 STREET LIST Priority #1 Street List (can be completed in any order) STREET FROM TO ESTIMATED (LF) ALDER ST BROADWA'Y"'345' S/O SEVENTH 19,000 ARLENE LN OWEN RD RAY RD 2,500 ASH ST I 70' N OF BROADWAY SIXTH AVE 7,100 BALSAM ST CUL-DE-SAC N/O BROADWAY SEVENTH AVE 14,000 BEECH ST 1 50'N/O BROADWAY SIXTH AVE 10,000 CEDAR ST I 45' N OF BROADWAY FOURTH AVE 10,000 CHARLES PL OWEN RD RAY RD 1 ,500 CHESTNUT ST 200' N OF THIRD 325' S OF THIRD 12,000 CHESTNUT ST FIFTH AVE SEVENTH AVE 2,500 CURRY DR LONGVIEW ST MILLER ST 500 DMSION ST BROADWAY AVE FOURTH AVE 3,600 DOGWOOD ST 1 00' N OF BROADWAY A ST 13,500 ELM ST THIRD AVE FOURTH AVE 1 ,500 FIFTH AVE DMSION ST BEECH ST (N)3,200 FIR ST BROADWAY AVE THIRD AVE 3,100 FOURTH AVE BALSAM ST DOGWOOD ST 13,000 FOURTH AVE A ST ELM ST 4,100 GUMWOOD ST BROADWAY AVE FOURTH AVE 6,600 HARRIS RD PATTON BLVD RAY RD 4,000 HIGHLAND DR LONGVIEW ST STRATFORD RD 2,500 HILL AVE CLOVER DR DMSION ST 20,000 H!LL PL HILL AVE CUL-DE-SAC 1 ,000 HOLLY ST BROADWAY AVE FOURTH AVE 3,100 JEAN LN OWEN RD RAY RD 1,100 MILLER ST KINDER RD LONGVIEW ST 5,700 OLYMPIC DR LONGVIEW ST MILLER ST I ,400 OWEN RD HARRIS RD 200' S OF ARLENE 4,400 PARKWAY DR LONGVIEW ST 250' E OF MILLER 2,500 PIONEER WY S.R. 17 (CLOVER)HILL AVE 95,000 RAY RD ARLENE LN HARRIS RD 3,100 SEVENTH AVE CHESTNUT ST DMSION ST 7,000 SIXTH AVE CUL-DE-SAC BALSAM ST 6,600 SUNNY DR LONGVIEW ST STRATFORD RD 3,500 THIRD AVE BROADWAY AVE (W)PIONEER WY 20,000 VINCE DR OWEN RD RAY RD I ,800 WALNUT ST CHESTNUT ST PIONEER WY 3,900 TOTAL OF PRIORITY #I STREET LIST 314,300 COML Council Packet 3-11-25, Page 56 of 172 STREET - a --- FROM TO ESTIMATED (LF) GRAND DR TERRAC-E AVE ---BOBBI DR 27,500 BALL CT GRAND DR CUL-DE-SAC 1 ,000 GRAND PL GRAND DR CUL-DE-SAC 1 ,000 EWING PL GRAND DR END OF PAVEMENT I ,000 TERRACE AVE COOLIDGE ST CLOVER DR 8,000 COOLIDGE ST TERRACE AVE PLUM ST 10,300 PLUM ST HAWTHORNE DR COOLIDGE ST 15,000 CANTERBURY LN WHEELER RD HAWTHORNE DR 15,000 IRONWOOD DR JUNIPER DR CANTERBURY LN 26,500 JUNIPER DR 223' S OF ALDERWOOD DR PLUM ST 38,700 KIEFER DR OLIVE AVE LARK AVE 4,600 OLIVE AVE HAWTHORNE DR PIONEER WY 8,600 LARK AVE KIEFER DR DAHLIA DR 16,500 DAHLIA DR CLOVER DR (S)CLOVER DR (N)g,ooo EVERGREEN DR CLOVER DR (S)LARK AVE 11 ,200 TOMMY DR GRAND DR EVERGREEN DR 1,500 ST. HELENS DR HAYDEN DR TOMMY DR 2,500 HAYDEN DR CLOVER DR CUL-DE-SAC 7,300 BOBBI DR HAYDEN DR CUL-DE-SAC 1 ,000 ALDERWOOD DR NELSON RD PIONEER WY 17,000 JUNIPER DR TERRACE AVE CUL-DE-SAC 3,000 CHERRY AVE JUNIPER DR EVERGREEN DR 17,000 HAWTHORNE DR CHERRY AVE CLOVER DR 9,200 FAIRBANKS DR CHERRY AVE CLOVER DR 5,000 MIKWAUKEE AVE IVY AVE LAKESIDE DR 4,000 LAKESIDE DR A ST CUL-DE-SAC 32100 A ST IVY AVE LAKESIDE DR 16,000 B ST I\/Y AVE LAKESIDE DR 10,600 C ST IVY AVE LAKESIDE DR 7,000 D ST I\/Y AVE LAKESIDE DR 5,300 ROSE AVE LAKESIDE DR A ST 5,000 GEM AVE C ST A ST 9,500 CASCADE AVE LAKESIDE DR A ST 10,500 COLUMBIA AVE LAKESIDE DR A ST 15,000 I\/Y AVE THIRD AVE MILWAUKEE AVE 13,300 TOT AL OF PRIORI1Y #2 STREET LIST 385,700 Jm-NDTOTAL II 700,OQOI Additional Street List Priority #2 Street List By Order 02/1 3/2025 v STREET FROM TO ESTIMATED (LF) SHARON AV-E PIONEER WY LEGEND LN MONROE ST NELSON RD JONES AVE BALSAM ST NINTH AVE NELSON RD JEFFERSON AVE BROWN AVE NELSON RD BROWN AVE BALSAM ST SKYLINE DR GARDEN DR NINTH AVE HILLL AVE COML Council Packet 3-11-25, Page 57 of 172 X COML Council Packet 3-11-25, Page 58 of 172 COML Council Packet 3-11-25, Page 59 of 172 Pricing Proposal Quotation #:  25217924 Reference #:  EA# 59745538 Created On:  8/21/2024 Valid Until:  3/31/2025 WA-City of Moses Lake Inside Account Manager James Richmond 401 S Balsam PO Box 1579 Moses Lake, WA 98837 United States Phone: 509-764-3729 Fax:  Email:jrichmond@cityofml.com Tyler Henderson 290 Davidson Ave SomersetNJ, 08873 Phone: 732-529-2148 Fax: Email:tyler_henderson@shi.com All Prices are in US Dollar (USD) Product Qty Your Price Total 1 M365 G3 Unified GCC SU O365 G3 Sub Per User     Microsoft - Part#: AAD-86546     Contract Name: NASPO Cloud Solutions     Contract #: AR2488     Subcontract #: 05116     Coverage Term: 4/1/2025 – 3/31/2026 300 $144.51 $43,353.00 2 O365 G3 GCC Sub Per User     Microsoft - Part#: AAA-11894     Contract Name: NASPO Cloud Solutions     Contract #: AR2488     Subcontract #: 05116     Coverage Term: 4/1/2025 – 3/31/2026 300 $244.55 $73,365.00 3 Teams AC with Dial Out US/CA GCC Sub Add-on     Microsoft - Part#: NYH-00001     Contract Name: NASPO Cloud Solutions     Contract #: AR2488     Subcontract #: 05116     Coverage Term: 4/1/2025 – 3/31/2026 300 $0.00 $0.00 4 Exchange Online P2 GCC Sub Per User     Microsoft - Part#: 3NS-00003     Contract Name: NASPO Cloud Solutions     Contract #: AR2488     Subcontract #: 05116     Coverage Term: 4/1/2025 – 3/31/2026 50 $75.54 $3,777.00 5 O365 G5 GCC Sub Per User     Microsoft - Part#: T2N-00001     Contract Name: NASPO Cloud Solutions     Contract #: AR2488     Subcontract #: 05116     Coverage Term: 4/1/2025 – 3/31/2026 3 $422.40 $1,267.20 6 Visio P2 GCC Sub Per User     Microsoft - Part#: P3U-00001  1 $141.73 $141.73 COML Council Packet 3-11-25, Page 60 of 172    Contract Name: NASPO Cloud Solutions     Contract #: AR2488     Subcontract #: 05116     Coverage Term: 4/1/2025 – 3/31/2026 7 Teams Premium Introductory Pricing GCC Sub Per User     Microsoft - Part#: WFK-00004     Contract Name: NASPO Cloud Solutions     Contract #: AR2488     Subcontract #: 05116     Coverage Term: 4/1/2025 – 3/31/2026 15 $77.81 $1,167.15 8 Entra ID P1 Gov Sub Per User     Microsoft - Part#: MQM-00001     Contract Name: NASPO Cloud Solutions     Contract #: AR2488     Subcontract #: 05116     Coverage Term: 4/1/2025 – 3/31/2026 53 $56.72 $3,006.16 9 Power Automate Premium GCC Sub Per User     Microsoft - Part#: 1O5-00001     Contract Name: NASPO Cloud Solutions     Contract #: AR2488     Subcontract #: 05116     Coverage Term: 4/1/2025 – 3/31/2026 1 $166.74 $166.74 Subtotal $126,243.98 *Tax $10,730.74 Total $136,974.72 *Tax is estimated. Invoice will include the full and final tax due. Additional Comments Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 Please note, if Emergency Connectivity Funds (ECF) will be used to pay for all or part of this quote, please let us know as we will need to ensure compliance with the funding program. Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations. The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item. COML Council Packet 3-11-25, Page 61 of 172 COML Council Packet 3-11-25, Page 62 of 172 COML Council Packet 3-11-25, Page 63 of 172 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: Robert L & Jolene R Burke Grantee: The City of Moses Lake, WA Legal Desc. N20' OF TRACT 84; TRACTS 85 & 86 STADE ORCHARD TRACTS TGW PER BLA Assessor’s Tax Parcel No. 141731000 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 Robert L and Jolene R Burke (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: COML Council Packet 3-11-25, Page 64 of 172 N20' OF TRACT 84; TRACTS 85 & 86 STADE ORCHARD TRACTS TGW PER BLA Parcel # 141731000 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. COML Council Packet 3-11-25, Page 65 of 172 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 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 street improvements, 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: _______________________________ COML Council Packet 3-11-25, Page 66 of 172 By _______________________________________ By__________________________________ Robert L Burke Jolene R Burke State of Washington County of Grant I certify that I know or have satisfactory evidence that Robert L Burke and Jolene R Burke 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 __________________________________ Acting City Manager Approved by Council State of Washington County of Grant I certify that I know or have satisfactory evidence that _______________________ 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: _____________________ COML Council Packet 3-11-25, Page 67 of 172 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 ___________________________________ Robert L Burke Jolene R Burke State of Washington County of Grant I certify that I know or have satisfactory evidence that Robert L Burke and Jolene R Burke, 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 _______________________ COML Council Packet 3-11-25, Page 68 of 172 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 ___________________________________ Robert L Burke Date Jolene R Burke Date State of Washington County of Grant I certify that I know or have satisfactory evidence that Robert L Burke and Jolene R Burke, 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 _______________________ COML Council Packet 3-11-25, Page 69 of 172 Jolene Burke<burke.jolene@gmail.com>  Reply Reply all Forward   To:Jason Grubb Wed 2/12/2025 10:52 AM Caution! This message was sent from outside your organization. Allow sender | Block sender | Report Jason, This is a request to connect to city water and sewer. This is for parcel #141731000, address is 2715 Westshore Dr NE Moses lake. Our plan is to tear down the big shed that is unused and build a single family home. Our contact info Robert L & Jolene R Burke 200 sunset vista ln Selah wa 98942 Mailing address P.O Box 220 Selah WA 98942 Robert 509-731-0256 COML Council Packet 3-11-25, Page 70 of 172 Jolene 509-901-9469 Email Burke.jolene@gmail.com Let me know if you need anything else. Also can you let me know when this will go to counsel please. Sent from my iPhone On Feb 12, 2025, at 8:08 AM, Jason Grubb <jgrubb@cityofml.com> wrote: Hi Jolene, I do not have a copy of the ETA and I have searched the County's records for filed documents for this parcel and could not locate the agreement. Would you please provide the executed copy of the signed and filed ETA. Please let me know if you have any questions. Thank You, Jason Grubb CONSTRUCTION MANAGEMENT PROGRAM MANAGER City of Moses Lake 321 S Balsam COML Council Packet 3-11-25, Page 71 of 172 Moses Lake Washington 98837 509-764-3789 509-707-9379 (CELL) jgrubb@cityofml.com <Outlook-Moses Lake.png> NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account may be a public record. Accordingly, this e- mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party. From: Jolene Burke <burke.jolene@gmail.com> Sent: Thursday, February 6, 2025 8:54 AM To: Jason Grubb <jgrubb@cityofml.com> Subject: Re: Parcel 141731000 Can we please move forward with the meter install process? How do I pay the fee to get this going? Thank you, Jolene Burke Sent from my iPhone COML Council Packet 3-11-25, Page 72 of 172 On Feb 6, 2025, at 8:34 AM, Jason Grubb <jgrubb@cityofml.com> wrote: Hi Jolene, The ETA's are good for two (2) years. this is clearly stated in the ETA document that you should have a copy of. Let me know if you have any further questions. Thank You, Jason Grubb CONSTRUCTION MANAGEMENT PROGRAM MANAGER City of Moses Lake 321 S Balsam Moses Lake Washington 98837 509-764-3789 509-707-9379 (CELL) jgrubb@cityofml.com <Outlook-Moses Lake.png> NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account may be a public record. Accordingly, this e- COML Council Packet 3-11-25, Page 73 of 172 mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party. From: Jolene Burke <burke.jolene@gmail.com> Sent: Wednesday, February 5, 2025 4:43 PM To: Jason Grubb <jgrubb@cityofml.com> Subject: Parcel 141731000 Caution! This message was sent from outside your organization. Jason, Thank you for taking my call today re: getting water and a meter to the property at 2715 Westshore Dr NE. After thinking about it, we have already brought this request to counsel with you guys before and it was approved. We also paid the fee. Is there an expiration date on that? Or would it still be valid? Jolene Burke 509-901-9469 COML Council Packet 3-11-25, Page 74 of 172 COML Council Packet 3-11-25, Page 75 of 172 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: Madeline Prentice, Acting City Manager 26647 Brian Baltzell, Public Works Director Public Works 3/11/2025 Consent Agenda Extra Territorial 3388 Westshore Dr. 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 formalize an Extraterritorial Agreement for residential sewer service with the property owner of Grant County parcel 12-1126-022. 3388 Westshore Dr ETA Site Location.pdf 2.14MB 3388 Westshore Dr Earl Extraterritorial Agreement.pdf 115.9KB 3388 Westshore Dr Earl Request to Connect.pdf 39.64KB Jeffrey and Rebecca Earl own a vacant lot located on the west side of Westshore Dr. The owner wishes to install a connection to the City owned and operated pressure sewer force main located in Westshore Dr. for a single-family residence that is scheduled to be constructed at 3388 Westshore Dr. in the future. The owner wishes to install this pressure sewer connection prior to the County re-constructing Westshore Dr. to limit the impact of patching a newly constructed roadway. This property lies within 500' of the shoreline of Moses Lake and connection to the POTW would eliminate the sewer effluent from impacting lake quality. The City would receive monthly sewer service fees for the residence long-term. Options and Results The City Manager is authorized to sign an Extraterritorial Agreement with the property owner. COML Council Packet 3-11-25, Page 76 of 172 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. The property owner would not be able to connect and would need to seek other alternatives to provide sewer treatment. COML Council Packet 3-11-25, Page 77 of 172 COML Council Packet 3-11-25, Page 78 of 172 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: Jeffrey B and Rebecca M Earl Grantee: The City of Moses Lake, WA Legal Desc. LOT 7 BLOCK 3 WESTSHORE ESTATES PLAT PHASE 1 3388 Westshore Dr NE Assessor’s Tax Parcel No. 12-1126-022 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 Jeffrey B and Rebecca M Earl (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 sewer 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 sewer utility services listed below to Developer at the premises stated, pursuant to the terms of this Agreement. COML Council Packet 3-11-25, Page 79 of 172 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 BLOCK 3 WESTSHORE ESTATES PLAT PHASE 1 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 sewer service provided by the City is for one sewer service connection to serve a single family residence. 3.6 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. 3.7 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. 3.8 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. 3.9 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. COML Council Packet 3-11-25, Page 80 of 172 3.10 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. 3.11 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. 3.12 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 street improvements, 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. 3.13 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. 3.14 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. 3.15 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. 3.16 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__________________________________ Jeffrey B Earl Rebecca M Earl COML Council Packet 3-11-25, Page 81 of 172 State of Washington County of Grant I certify that I know or have satisfactory evidence that Jeffrey B Earl 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 Rebecca M Earl 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 __________________________________ Acting City Manager Approved by Council State of Washington County of Grant I certify that I know or have satisfactory evidence that _______________________ 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: _____________________ COML Council Packet 3-11-25, Page 82 of 172 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 ___________________________________ Jeffrey B Earl Rebecca M Earl State of Washington County of Grant I certify that I know or have satisfactory evidence that Jeffrey B Earl 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 Rebecca M Earl 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 _______________________ COML Council Packet 3-11-25, Page 83 of 172 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 ___________________________________ Jeffrey B Earl Date Rebecca M Earl Date State of Washington County of Grant I certify that I know or have satisfactory evidence that Jeffrey B Earl 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 Rebecca M Earl 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 _______________________ COML Council Packet 3-11-25, Page 84 of 172 Request To Connect To Sewer Force Main - Jeff Earl JE Jeff Earl<jearl98837@yahoo.com> Reply Reply all Forward To:Jason Grubb Cc:Lori Lopez;Richard Law Thu 2/27/2025 12:11 PM Caution! This message was sent from outside your organization. Allow sender | Block sender | Report Jason, Following up with our telephone conversation, this is a written request to connect to the sewer force main on Westshore Drive for the following described property: 3388 Westshore Dr. NE (parcel number 121126022). This vacant lot is located on the west side of Westshore Drive and the sewer force main is also on the west side of Westshore. The owners of this lot are my wife and I (Jeffrey Earl and Rebecca Earl). COML Council Packet 3-11-25, Page 85 of 172 I contacted Chad Wheeler of Wheeler Excavation LLC who referred me to Brad Summers. I have contacted Brad Summers and he will do the excavation and construction work necessary to do the connection to the sewer force main and will do what is necessary to obtain the permit related to this project. Meanwhile, my wife and I will be prepared and ready to sign the Extra Territorial Agreement (notary required) after submission to City Council at the March 11 meeting and pay the $500 application fee together with applicable county fee (recording I believe) when its available. We appreciate your assistance. Please keep us advised of any thing that you need and we will address it immediately. Regards, Jeffrey Earl 509-760-8760 COML Council Packet 3-11-25, Page 86 of 172 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: Madeline Prentice, Acting City Manager 26748 Brian Baltzell, Public Works Director Public Works 3/11/2025 Consent Agenda 2025 Biosolids Project Award City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 300,000.00$405,000.00$0.00$ Staff recommends that City Council motion to award the GC2025-248 Biosolids Removal project to Fire Mountain Farms Inc and authorize staff and City Manager to execute General Services contract. GC2025-248_Bid Tab.pdf 205.81KB Biosolids are a byproduct of the municipal wastewater treatment plant (WWTP) process. Removal of the biosolids from the long-term sludge digestion basins is an essential maintenance activity for our WWTP operations. Authorization to execute general services contract will allow for removal of biosolids from one or more basins and application to permitted farmlands. The project would authorize expenditure of up to $280,710.00 plus Project Engineering and Construction Engineering Staff time from the 2025 budgeted funds of $405,000.00. Options and Results City staff will execute the attached contract with Fire Mountain Farms Inc. COML Council Packet 3-11-25, Page 87 of 172 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. City staff will wait for further instructions. COML Council Packet 3-11-25, Page 88 of 172 PROJECT NAME: Biosolids Land Application Project BID RESULTS 1 Mobilization N/A 1 LS $25,000.00 $25,000.00 $23,285.00 $23,285.00 $99,750.00 $99,750.00 2 2025 Biosolids Removal Pumping N/A 350 Dry Ton $650.00 $227,500.00 $735.50 $257,425.00 $761.87 $266,654.50 252,500.00$ $280,710.00 $366,404.50 0.0%-$ $0.00 $0.00 252,500.00$ $280,710.00 $366,404.50 Engineers Estimate Fire Mountain Farms Inc. Onalaska, WA KG&T Septic Inc Bonners Ferry, ID UNIT PRICE AMOUNT PROJECT NUMBER: GC2025-248 SUBTOTAL SCHEDULE A SALES TAX Total Schedule A ITEM ITEM DESCRIPTION SECTION APPROX. QUANTITY Schedule A: Improvements UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT COML Council Packet 3-11-25, Page 89 of 172 COML Council Packet 3-11-25, Page 90 of 172 COML Council Packet 3-11-25, Page 91 of 172 M – 206.292.2636 | E – jferrell@martenlaw.com | 1191 Second Ave, Suite 2200, Seattle, WA 98101 January 24, 2025 Via E-Mail City of Moses Lake Attn: City of Moses Lake Finance Team 401 S. Balsam Street P.O. Box 1579 Moses Lake, WA 98837 apfinance@cityofml.com; snovak@cityofml.com; sjacobs@cityofml.com; mprentice@cityofml.com RE: Proposed 2025 Rates Dear City of Moses Lake Finance Team: Thank you for giving us the opportunity to work with you in 2024. As we begin 2025, we have reviewed the fees and costs we charge our clients and are asking you to approve the proposed rate increase of 10%, effective January 1, 2025. My rate for 2025 will be $720/hour; senior associate rates, $465/hour; associate rates, $390/hour, and paralegal rates, $270/hour. Our rates are typically at or below market in our field, and the above are substantially discounted from our standard rates to reflect our longstanding relationship with Moses Lake. The rate increase reflects an increase in demand, higher employment costs, and inflation. It also reflects the importance we place on continuing to hire and retain the very best environmental and energy lawyers from top law schools. The competition for these lawyers is fierce and reflects their talent. We hope the quality of their work shows up as added value in the services we provide. Please call me if you have any concerns about our proposed 2025 rates or revised billing guidelines. If you approve our proposal, please so indicate by signing and returning a copy of this letter to our Chief Administrative Officer, William Ashby, at bashby@martenlaw.com. Thank you. Sincerely, Jessica K. Ferrell Partner Mobile: 206.292.2636 E-Mail: jferrell@martenlaw.com cc: Katherine Kenison, Basin Law COML Council Packet 3-11-25, Page 92 of 172 City of Moses Lake Finance Team January 24, 2025 Page 2 The terms of the foregoing letter are agreed to and accepted as of this 11the day of March, 2025. City of Moses Lake By: Acting City Manager COML Council Packet 3-11-25, Page 93 of 172 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: Madeline Prentice, Acting City Manager 26715 Brian Baltzell, Public Works Director Public Works 3/11/2025 Consent Agenda Water System Plan Contract Amendment 2 City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 20,000.00$0.00$20,000.00$ Staff recommends City Council motion to authorize the Acting City Manager to execute the second contract amendment to our Water System Plan. UpdatedCombinedAmendment2.pdf 657.6KB In June 2022, the City retained RH2 to prepare an update to the City's 2015 Water System Plan. The plan was submitted to the Washington State Department of Health (DOH) for review and approval. As of March 4th, 2025, DOH has not yet completed their review. Our previous contract term has expired with RH2. In order to ensure we have time to get the plan fully adopted, staff are requesting to amend the contract to extend the contract period to December 31, 2025. Staff are also requesting additional funds, not to exceed $20,000, to have RH2 run limited water system modeling that may be needed for development. Council approved and adopted a pass-through cost for water modeling in December 2024 - which will allow any water modeling needed for development to be funded by the developer. This contract adds an additional no-to-exceed amount of $20,000 with the ability to pass-through costs for water modeling needed for development to the developer. Options and Results Authorize the Acting City Manager to execute Amendment 2 of the Water System Plan contract with RH2 Engineering. X COML Council Packet 3-11-25, Page 94 of 172 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. The City will not have RH2's support for completion of the Water System Plan and will not have the ability to run water modeling scenarios. COML Council Packet 3-11-25, Page 95 of 172 Moses Lake Civic Center · 401 S. Balsam Street · P.O. Drawer 1579 · Moses Lake, WA 98837 www.cityofml.com · 509-764-3701 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF MOSES LAKE, WASHINGTON AND RH2 ENGINEERING, INC. Preamble. This is the second amendment to the Professional Services Agreement effective June 15, 2022, by and between City of Moses Lake, a Washington municipal corporation (hereinafter the “City”), and RH2 Engineering, Inc., a firm duly authorized to perform professional services in the State of Washington, (hereinafter the “Consultant”) to augment the Scope of Work. Amendment. A. Article VI, Section I, titled “SCOPE OF WORK”, is amended to add Exhibit A Scope of Work Amendment No. 2, attached hereto, which includes additional scope, budget, and extension of the contract term date for the Comprehensive Water System Plan Update. All other terms and conditions of the June 15, 2022, Professional Services Agreement remain unchanged. IN WITNESS WHEREOF, RH2 Engineering, Inc., and the City of Moses Lake have hereunto set their hands and seals this 11th day of March, 2025. CITY OF MOSES LAKE, WASHINGTON RH2 ENGINEERING, INC. Madeline Prentice, Acting City Manager Paul Cross, PE, Executive Vice President APPROVED AS TO FORM ______________________________ Katherine Kenison, City Attorney COML Council Packet 3-11-25, Page 96 of 172 1 3/4/2025 9:07:40 AM J:\DATA\MLK\22-0105\00 CONTRACT\AMEND NO. 2\AMEND NO. 2_SOW_COMPREHENSIVE WSP UPDATE.DOCX EXHIBIT A Scope of Work Amendment No. 2 City of Moses Lake Comprehensive Water System Plan Update March 2025 Background In June 2022, the City of Moses Lake (City) retained RH2 Engineering, Inc., (RH2) to prepare an update to the City’s 2015 Water System Plan (WSP). In February 2025, the City requested RH2’s assistance in performing on-call capacity-related tasks. These requests are anticipated to include third-party review of developer-provided capacity calculations originally developed by others, performing hydraulic analyses, and performing other water system related analyses in support of the WSP update. The hydraulic model in RH2’s possession is assumed to be the most current version of the City’s hydraulic model and is intended to be utilized for the analyses requested within this contract. The City plans to notify RH2 of the requests via email and will include the intended deliverable format (email, technical document, etc.) with each request. A not to exceed amount of $20,000 has been included in this amendment. Concurrent with the work intended to be performed as part of this amendment, the Washington State Department of Health (DOH) is continuing to review the City’s WSP. DOH has been reviewing the WSP for seven (7) months, and the anticipated timing of receipt of DOH’s comments is unknown. DOH had previously identified six (6) months as the maximum review period, but this timeline has lapsed. Depending on the timing and extent of DOH’s comments, an additional amendment may be needed for additional budget and/or to extend the expiration date of the contract. The City and RH2 intended to mutually review and evaluate future amendment needs once DOH has provided its review comments. Task 1 – On-Call Water System Support Objective: Assist the City with water system support as requested. Approach: Provide on-call water system support as requested by the City. RH2 Deliverables: •Deliverables to be provided via email or as otherwise requested by the City. Fee for Services The fee for services shall be on a time and expense basis and shall not exceed $20,000.00, using the rates included in the attached Schedule of Rates and Charges, without prior written authorization of the City. COML Council Packet 3-11-25, Page 97 of 172 City of Moses Lake Amendment No. 1 Comprehensive Water System Plan Update Exhibit A – Scope of Work 2 3/4/2025 9:07:40 AM J:\DATA\MLK\22-0105\00 CONTRACT\AMEND NO. 2\AMEND NO. 2_SOW_COMPREHENSIVE WSP UPDATE.DOCX Project Schedule This amendment extends the agreement to December 31, 2025. COML Council Packet 3-11-25, Page 98 of 172 RATE LIST RATE UNIT Professional I $175 $/hr Professional II $191 $/hr Professional III $213 $/hr Professional IV $234 $/hr Professional V $249 $/hr Professional VI $269 $/hr Professional VII $294 $/hr Professional VIII $317 $/hr Professional IX $326 $/hr Technician I $134 $/hr Technician II $148 $/hr Technician III $171 $/hr Technician IV $182 $/hr Technician V $198 $/hr Technician VI $217 $/hr Technician VII $236 $/hr Technician VIII $247 $/hr Administrative I $90 $/hr Administrative II $105 $/hr Administrative III $124 $/hr Administrative IV $148 $/hr Administrative V $173 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11"$0.09 price per copy Copies (bw) 8.5" X 14"$0.14 price per copy Copies (bw) 11" X 17"$0.20 price per copy Copies (color) 8.5" X 11"$0.90 price per copy Copies (color) 8.5" X 14"$1.20 price per copy Copies (color) 11" X 17"$2.00 price per copy Technology Charge 2.50%% of Direct Labor Night Work 10.00%% of Direct Labor Mileage $0.7000 price per mile (or Current IRS Rate) Subconsultants 15%Cost + Outside Services at cost RH2 ENGINEERING, INC. 2025 SCHEDULE OF RATES AND CHARGES Rates listed are adjusted annually. COML Council Packet 3-11-25, Page 99 of 172 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: Madeline Prentice, Acting City Manager 26719 Brian Baltzell, Public Works Director Public Works 3/11/2025 Consent Agenda Firouzi Developer Extension Agreement City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 41,000.00$0.00$41,000.00$ Staff recommends City Council motion to authorize the Acting City Manager to execute the Developer Extension Agreement between City of Moses Lake and Firouzi Development, LLC as attached. 2025-03-04_DEAFirouzi.pdf 1.49MB FirouziDEAImage.pdf 241.99KB Firouzi Development LLC Is building on Lakeside Drive fronting a gravel road. As such, they are required to build half-width improvements, including street, curb, gutter, sidewalk, and stormwater improvements, along the parcel frontage. In order to ensure a full width street is constructed, staff are requesting budget allocation of $41,000 and approval to have the Acting City Manager execute the attached Developer Extension Agreement. The not to exceed City of Moses Lake portion is $41,000 and would be funded by the 119 - Streets Repair and Reconstruction capital fund. Options and Results Approve the budget allocation and authorize the Acting City Manager to execute the Developer Extension Agreement. Staff will bring back options for recommended changes. X COML Council Packet 3-11-25, Page 100 of 172 No Action Taken: The agreement will not be executed, and the required frontage will only be built at half width. COML Council Packet 3-11-25, Page 101 of 172 COML Council Packet 3-11-25, Page 102 of 172 COML Council Packet 3-11-25, Page 103 of 172 COML Council Packet 3-11-25, Page 104 of 172 COML Council Packet 3-11-25, Page 105 of 172 COML Council Packet 3-11-25, Page 106 of 172 COML Council Packet 3-11-25, Page 107 of 172 COML Council Packet 3-11-25, Page 108 of 172 COML Council Packet 3-11-25, Page 109 of 172 COML Council Packet 3-11-25, Page 110 of 172 COML Council Packet 3-11-25, Page 111 of 172 X COML Council Packet 3-11-25, Page 112 of 172 COML Council Packet 3-11-25, Page 113 of 172 1 CON-039807 Placer Confidential Information All rights reserved. This document contains confidential and/or proprietary information belonging to Placer Labs Inc. which may not be reproduced or transmitted in any form or by any means without the express written consent of Placer. PLACER LABS INC. ORDER FORM City of Moses Lake (“Customer”) Placer Labs Inc. (“Placer”) Address: 401 S Balsam P.O. Box 1579 Moses Lake, WA 98837 Address: 440 N Barranca Ave., #1277 Covina, CA 91723 Contact Person Gannon Lavins Contact Person: Doug Coutts Billing Contact Person: Jason Tsui Email: dcoutts@cityofml.com Billing Email*: billing@placer.ai Phone: 509-764-3805 Billing Phone*: 415-228-2444 ext 806 Billing Contact Email: dcoutts@cityofml.com *Not for use for official notices. 1. Services and Fees. The services provided under this Order Form (the “Services”) include: Services Description Services Description Detail Platform Access Section 2 Void Analysis Section 2 Total Annual Fee – Year 1 $18,500.00 Total Annual Fee – Year 2 $22,660.00 Total Annual Fee – Year 3 $25,750.00 All Fees in this Order Form are shown in US Dollar (USD) 2. Services Description. Placer Venue Analytics Platform • Access to Placer’s location analytics platform (the “Placer Platform”). Access to Placer XTRA reports,subject to Scoping and Additional Usage Limitations in Section 3. _Void Analysis Access to the Void Analysis tool. . 3. Permitted Uses and Limitations. Permitted Uses: Customer may use Placer Data solely for the following purposes (“Permitted Uses”): (a) Customer may use Placer Data for Customer’s internal business purposes; and (b) Customer may incorporate Placer Data into Research Data, as described and subject to the restrictions below. “Placer Data” means the data, information and materials accessible via the Services. COML Council Packet 3-11-25, Page 114 of 172 2 CON-039807 Placer Confidential Information All rights reserved. This document contains confidential and/or proprietary information belonging to Placer Labs Inc. which may not be reproduced or transmitted in any form or by any means without the express written consent of Placer. “Research Data” means datasets and other materials created by Customer that result in any part from Customer’s use of Placer Data: • Research Data may contain limited excerpts and discrete portions of Placer Data (“Excerpts”) so long as: (i) such Excerpts are only supportive of, and do not independently form a substantial part of, the Research Data; (ii) Research Data does not include full copies or substantial portions of Placer Data; and (iii) any such Research Data is distributed to no more than a limited number of Customer’s clients and prospective clients and is not commercially or generally distributed; • The Customer may share Research Data with current and potential customers, and in marketing materials; provided that the Customer shall cite Placer as a provider of such information (for such purpose only, Placer grants Customer the rights to use the Placer.ai name and logo, provided that any such use of the Placer.ai name and logo must clearly indicate that Placer is the provider of data only, and is not involved in any analysis, conclusion, recommendation); and • Customer shall not, directly or indirectly, resell, distribute, sublicense, display or otherwise provide Placer Data to any third parties, except that Customer may display Placer Data as part of Research Data. No part of the Placer Data or Research Data may be used: (i) in connection with, or to enable development of machine learning, rules engines, or other similar automated processes; or (ii) to train third-party artificial intelligence (“AI”) technologies, models, software, platforms or tools including, without limitation, ChatGPT, Bard and similar AI technologies. None of the Placer Data, or any part thereof, may be shared externally with any third-party AI technology service providers unless the third-party AI service providers are contractually prohibited from: (i) using the Placer Data to develop or improve the AI technology, (ii) storing any portion of the Placer Data; and (iii) redistributing any portion of the Placer Data to any third party. Scoping and Additional Usage Limitations: In addition to and not in replacement of any usage limitations in this Order Form and the Agreement, Customer’s access to and usage of the Services and Placer Data is further limited as follows: • Customer and its authorized users may not share user credentials, logins or Placer Data with any others. • Customer and its authorized users may not provide access to any third party agents acting on Customer’s behalf (including any consultants, contractors, or other agents of Customer) without prior written consent from Placer. Any such approved access may be subject to an additional fee pursuant to a written amendment to this Order Form. • Xtra Reports: Quarterly Maximum of 26 credits; Annual Maximum of 104. • Access is limited to the following States: US-WA. • 4. Term and Termination. Term: The Initial Term and any Additional Terms are referred to collectively as the “Term.” • Initial Term: The initial term of this Order Form will begin on August 1, 2025 (the "Effective Date"), and will continue for 36 consecutive months thereafter (the “Initial Term”). Each renewal or additional term, if any, is referred to as “Additional Term,” and the Initial Term and any Additional Terms are referred to collectively as the “Term". • Additional Term: This Order Form shall continue on the same terms and conditions set forth herein for additional periods of 12 months, if mutually agreed in writing in advance by both parties (email would be sufficient). Termination: COML Council Packet 3-11-25, Page 115 of 172 3 CON-039807 Placer Confidential Information All rights reserved. This document contains confidential and/or proprietary information belonging to Placer Labs Inc. which may not be reproduced or transmitted in any form or by any means without the express written consent of Placer. • Material Breach: Either party may terminate this Order Form upon thirty (30) days’ notice if the other party materially breaches any of the terms or conditions of this Order Form or the Agreement (as defined below), and the breach remains uncured during such thirty (30) days. • Suspension: In addition, Placer may immediately suspend Customer’s access to the Services, or terminate the Order Form, in the event of non-payment by the Customer or breach by Customer of any restrictions regarding usage of the Services. • Fees: All Fees are non-refundable and in the event of any termination, Customer will pay in full for the Services. Post -Termination: • Rights and Licenses: Upon any termination or other expiration of this Order Form all rights and licenses granted to Customer to use the Services and Placer Data shall cease. • Placer Data: Within ten (10) days after such termination or expiration, Customer will permanently delete or destroy all elements of Placer Data under its control; provided however, Customer shall not be required to immediately purge from its hard-copy, electronic or email files Placer Data that Customer accessed or otherwise used in compliance with the terms of this Order Form or the Agreement which are contained in such hard-copy, electronic or email files (the “Post-Termination Information”), so long as any Post-Termination Information is (x) solely retained for ordinary corporate systems backup, legal or regulatory purposes, (y) not used, copied, distributed or displayed for internal research or marketing or for any other commercial purposes and (z) ultimately deleted in accordance with Customer’s data retention policy. • Research Data: Customer may retain and continue to use and distribute copies of Research Data generated hereunder, provided that any such Research Data containing Excerpts (w) is presented in such a manner that it could not reasonably be decompiled or reverse engineered to extract the underlying Placer Data, (x) is used for Customer’s internal, non-commercial business purposes only, (y) is ultimately deleted in accordance with Customer’s data retention policy and (z) is otherwise used in accordance with this Order Form and the Agreement. • Certification: Upon request from Placer, Customer shall certify in writing its compliance with this provision. 5. Invoicing, Payment Terms, and Fee Increases. Invoicing and Payment Terms: Placer will invoice Customer as follows for the Initial Term starting on the Effective Date: Year 1 fees will be invoiced in full upon signing this order form. Year 2 fees will be invoiced in full 12 months following the Effective Date. Year 3 fees, and subsequent annual fees, will be invoiced annually thereafter. Customer shall pay all invoices within the following number of days of the invoice date: 30 • Placer will send all billing via electronic invoice to the Customer billing contact email indicated above via NetSuite. • If Customer believes that Placer has invoiced Customer incorrectly, Customer must contact Placer no later than sixty (60) days after the closing date on the first invoice in which the error or problem appeared in order to receive an adjustment or credit. Inquiries should be directed to Placer’s customer support department at support@placer.ai. • Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. • Customer is responsible for all applicable taxes arising directly from the Services other than U.S. taxes based on Placer’s net income. COML Council Packet 3-11-25, Page 116 of 172 4 CON-039807 Placer Confidential Information All rights reserved. This document contains confidential and/or proprietary information belonging to Placer Labs Inc. which may not be reproduced or transmitted in any form or by any means without the express written consent of Placer. Fee Increases: • The Annual Fee for the Initial Term has been based on the metric(s) and scoping in this Order Form, Placer reserves the right to increase the Customer’s Annual Fee for any Additional Term if the metric or scope of use has increased. • Except as specifically provided otherwise in this Order Form, renewal of promotional or one-time priced Fees will be at Placer’s applicable subscription pricing in effect at the time of the applicable Additional Term. • Customer agrees that if any event occurs that will result in a material increase in Customer’s usage of the Services (whether due to a merger or acquisition or otherwise), Customer will notify Placer in writing no later than thirty (30) days following the date of such event and Placer reserves the right to increase the Customer’s Annual Fee mid-Term accordingly. If such event consists of Customer’s merger with or acquisition of another customer of Placer, the Annual Fee increase shall be in an amount no less than the pro-rated annual fee of such other customer. • Except as specifically provided otherwise in this Order Form, Annual Fees for any Additional Term shall be subject to an increase up to the greater of eight percent (8%) or CPI, unless Placer provides notice of different pricing at least thirty (30) days prior to the applicable Additional Term. Any such increase in Annual Fees will only be effective upon commencement of the Additional Term. 6. Support. Placer will use commercially reasonable efforts to provide customer service and technical support in connection with the Services on weekdays during the hours of 9:00 A.M. through 5:00 P.M. Pacific Time, with the exclusion of federal holidays. For any such support, Customer shall contact support@placer.ai.. Premier Customer Support • Regular Meetings with Placer's Customer Success Team • Live, Virtual Training support 7. Confidentiality. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Placer includes, without limitation, non-public information regarding features, functionalities and performance of, and pricing for, the Services. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted by the Agreement) or disclose to any third party any Proprietary Information. The foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in the possession of or known to the Receiving Party, prior to disclosure thereof by the Disclosing Party, without any restrictions or confidentiality obligations, (c) was rightfully disclosed to it, without any restrictions or confidentiality obligations, by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law, provided that the Receiving Party provides the Disclosing Party with prompt written notice of such requirement and reasonably cooperates with the Disclosing Party to limit or challenge such requirement. These provisions regarding Proprietary Information shall apply in perpetuity and shall survive any termination of the Order Form or the Agreement. 8. Miscellaneous. Funding Failure Termination Right. If funds for continued payments under this Agreement by the Customer are at any time unavailable or are insufficient for the Initial Term or any Additional Term, through failure of any entity, including the Customer itself, to appropriate such funds, then the Customer shall, within ten (10) days of such determination, provide COML Council Packet 3-11-25, Page 117 of 172 5 CON-039807 Placer Confidential Information All rights reserved. This document contains confidential and/or proprietary information belonging to Placer Labs Inc. which may not be reproduced or transmitted in any form or by any means without the express written consent of Placer. notice to Placer and both Placer and the Customer shall have the right to immediately terminate this Order Form without penalty or further payment by the Customer. Public Records Laws. Placer acknowledges that if Customer is subject to the applicable public records laws and regulations for Washington state ("Public Records Laws"), that all obligations imposed by this Agreement are subordinate to Customer’s obligations under Public Records Laws. Notwithstanding the foregoing, Customer agrees that it will keep Placer's Proprietary Information (including any Placer Data) confidential in accordance with this Order Form and the Agreement unless otherwise required by applicable law, including Public Records Law. License Agreement Amendments. For the purposes of this Order Form only, the Agreement is hereby amended as follows: • If applicable law prohibits Customer from indemnifying Placer, then Section 5.b of the Agreement, beginning “Customer shall defend, indemnify and hold Placer harmless…”, is hereby deleted in its entirety. • The third to the last sentence of Section 8 of the Agreement is hereby removed in its entirety and replaced with the following: “This Agreement shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions.” Notices. All notices under the Order Form and the Agreement will be in writing and will be deemed to have been duly given (a) upon delivery by a recognized delivery service (e.g., FedEx) with delivery confirmation, (b) upon receipt, if sent by U.S. certified or registered mail, return receipt requested, or (c) when sent via email, if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient. Notices shall be sent to the addresses set forth in the Order Form, which addresses may be subsequently modified by written notice given in accordance with these provisions. Trial Offering. If Placer provides Customer with additional Services or Placer Data during the Term and identifies such Services or Placer Data as for evaluation or trial purposes only (a “Trial Offering”), access to the Trial Offering is permitted only during the period designated by Placer (or if not designated, 30 days from receipt of access) (“Trial Subscription Term”), unless the Trial Offering is earlier terminated as provided below. During the Trial Subscription Term, Customer may only use the Trial Offering for internal evaluation purposes and may not otherwise use or distribute the Trial Offering for any other purposes. Notwithstanding any provision included in this Order Form or the Agreement to the contrary, in respect of the Trial Offering Customer acknowledges and agrees that: (i) either party may terminate the Trial Subscription Term immediately and without liability upon written notice to the other party; (ii) any Trial Offering is provided “as is”; (iii) Placer provides no warranty, service levels or indemnity for any Trial Offering and (iv) Placer's liability related to any Trial Offering will not exceed USD $100. Notwithstanding the foregoing, the Services and Placer Data provided in this Order Form is not considered a Trial Offering. Promotional Use. Customer grants Placer the right to use Customer’s company name and company logo, for Placer’s promotional purposes , with Customer prior written approval. 9. Authorization. This Order Form is entered into by and between Customer and Placer effective as of the last signature set forth below. This Order Form and use of the Services are governed by, and Customer and Placer agree to, the License Agreement located at https://www.placer.ai/placer-license-agreement/ (the “Agreement”); provided, however, that in the event of any conflict between this Order Form and the Agreement, this Order Form shall control. Unless otherwise defined in this Order Form, capitalized terms herein have the same meaning as in the Agreement. COML Council Packet 3-11-25, Page 118 of 172 6 “Customer” “Placer” . By: \signature2\ Name: \fullname2\ Title: \title2\ Date: \date2\ By: City of Moses Lake \signature1\ Name: fMadullname1\ Madeline Prentice Title: Acting City Manager\title1\ Date: March 11, 2025ate1\ COML Council Packet 3-11-25, Page 119 of 172 1 CON-039807 Placer Confidential Information All rights reserved. This document contains confidential and/or proprietary information belonging to Placer Labs Inc. which may not be reproduced or transmitted in any form or by any means without the express written consent of Placer. PLACER LABS INC. ORDER FORM City of Moses Lake (“Customer”) Placer Labs Inc. (“Placer”) Address: 401 S Balsam P.O. Box 1579 Moses Lake, WA 98837 Address: 440 N Barranca Ave., #1277 Covina, CA 91723 Contact Person Gannon Lavins Contact Person: Doug Coutts Billing Contact Person: Jason Tsui Email: dcoutts@cityofml.com Billing Email*: billing@placer.ai Phone: 509-764-3805 Billing Phone*: 415-228-2444 ext 806 Billing Contact Email: dcoutts@cityofml.com *Not for use for official notices. 1. Services and Fees. The services provided under this Order Form (the “Services”) include: Services Description Services Description Detail Platform Access Section 2 Void Analysis Section 2 Total Annual Fee – Year 1 $18,500.00 Total Annual Fee – Year 2 $22,660.00 Total Annual Fee – Year 3 $25,750.00 All Fees in this Order Form are shown in US Dollar (USD) 2. Services Description. Placer Venue Analytics Platform • Access to Placer’s location analytics platform (the “Placer Platform”). Access to Placer XTRA reports,subject to Scoping and Additional Usage Limitations in Section 3. _Void Analysis Access to the Void Analysis tool. . 3. Permitted Uses and Limitations. Permitted Uses: Customer may use Placer Data solely for the following purposes (“Permitted Uses”): (a) Customer may use Placer Data for Customer’s internal business purposes; and (b) Customer may incorporate Placer Data into Research Data, as described and subject to the restrictions below. “Placer Data” means the data, information and materials accessible via the Services. COML Council Packet 3-11-25, Page 120 of 172 2 CON-039807 Placer Confidential Information All rights reserved. This document contains confidential and/or proprietary information belonging to Placer Labs Inc. which may not be reproduced or transmitted in any form or by any means without the express written consent of Placer. “Research Data” means datasets and other materials created by Customer that result in any part from Customer’s use of Placer Data: • Research Data may contain limited excerpts and discrete portions of Placer Data (“Excerpts”) so long as: (i) such Excerpts are only supportive of, and do not independently form a substantial part of, the Research Data; (ii) Research Data does not include full copies or substantial portions of Placer Data; and (iii) any such Research Data is distributed to no more than a limited number of Customer’s clients and prospective clients and is not commercially or generally distributed; • The Customer may share Research Data with current and potential customers, and in marketing materials; provided that the Customer shall cite Placer as a provider of such information (for such purpose only, Placer grants Customer the rights to use the Placer.ai name and logo, provided that any such use of the Placer.ai name and logo must clearly indicate that Placer is the provider of data only, and is not involved in any analysis, conclusion, recommendation); and • Customer shall not, directly or indirectly, resell, distribute, sublicense, display or otherwise provide Placer Data to any third parties, except that Customer may display Placer Data as part of Research Data. No part of the Placer Data or Research Data may be used: (i) in connection with, or to enable development of machine learning, rules engines, or other similar automated processes; or (ii) to train third-party artificial intelligence (“AI”) technologies, models, software, platforms or tools including, without limitation, ChatGPT, Bard and similar AI technologies. None of the Placer Data, or any part thereof, may be shared externally with any third-party AI technology service providers unless the third-party AI service providers are contractually prohibited from: (i) using the Placer Data to develop or improve the AI technology, (ii) storing any portion of the Placer Data; and (iii) redistributing any portion of the Placer Data to any third party. Scoping and Additional Usage Limitations: In addition to and not in replacement of any usage limitations in this Order Form and the Agreement, Customer’s access to and usage of the Services and Placer Data is further limited as follows: • Customer and its authorized users may not share user credentials, logins or Placer Data with any others. • Customer and its authorized users may not provide access to any third party agents acting on Customer’s behalf (including any consultants, contractors, or other agents of Customer) without prior written consent from Placer. Any such approved access may be subject to an additional fee pursuant to a written amendment to this Order Form. • Xtra Reports: Quarterly Maximum of 26 credits; Annual Maximum of 104. • Access is limited to the following States: US-WA. • 4. Term and Termination. Term: The Initial Term and any Additional Terms are referred to collectively as the “Term.” • Initial Term: The initial term of this Order Form will begin on August 1, 2025 (the "Effective Date"), and will continue for 36 consecutive months thereafter (the “Initial Term”). Each renewal or additional term, if any, is referred to as “Additional Term,” and the Initial Term and any Additional Terms are referred to collectively as the “Term". • Additional Term: This Order Form shall continue on the same terms and conditions set forth herein for additional periods of 12 months, if mutually agreed in writing in advance by both parties (email would be sufficient). Termination: COML Council Packet 3-11-25, Page 121 of 172 3 CON-039807 Placer Confidential Information All rights reserved. This document contains confidential and/or proprietary information belonging to Placer Labs Inc. which may not be reproduced or transmitted in any form or by any means without the express written consent of Placer. • Material Breach: Either party may terminate this Order Form upon thirty (30) days’ notice if the other party materially breaches any of the terms or conditions of this Order Form or the Agreement (as defined below), and the breach remains uncured during such thirty (30) days. • Suspension: In addition, Placer may immediately suspend Customer’s access to the Services, or terminate the Order Form, in the event of non-payment by the Customer or breach by Customer of any restrictions regarding usage of the Services. • Fees: All Fees are non-refundable and in the event of any termination, Customer will pay in full for the Services. Post -Termination: • Rights and Licenses: Upon any termination or other expiration of this Order Form all rights and licenses granted to Customer to use the Services and Placer Data shall cease. • Placer Data: Within ten (10) days after such termination or expiration, Customer will permanently delete or destroy all elements of Placer Data under its control; provided however, Customer shall not be required to immediately purge from its hard-copy, electronic or email files Placer Data that Customer accessed or otherwise used in compliance with the terms of this Order Form or the Agreement which are contained in such hard-copy, electronic or email files (the “Post-Termination Information”), so long as any Post-Termination Information is (x) solely retained for ordinary corporate systems backup, legal or regulatory purposes, (y) not used, copied, distributed or displayed for internal research or marketing or for any other commercial purposes and (z) ultimately deleted in accordance with Customer’s data retention policy. • Research Data: Customer may retain and continue to use and distribute copies of Research Data generated hereunder, provided that any such Research Data containing Excerpts (w) is presented in such a manner that it could not reasonably be decompiled or reverse engineered to extract the underlying Placer Data, (x) is used for Customer’s internal, non-commercial business purposes only, (y) is ultimately deleted in accordance with Customer’s data retention policy and (z) is otherwise used in accordance with this Order Form and the Agreement. • Certification: Upon request from Placer, Customer shall certify in writing its compliance with this provision. 5. Invoicing, Payment Terms, and Fee Increases. Invoicing and Payment Terms: Placer will invoice Customer as follows for the Initial Term starting on the Effective Date: Year 1 fees will be invoiced in full upon signing this order form. Year 2 fees will be invoiced in full 12 months following the Effective Date. Year 3 fees, and subsequent annual fees, will be invoiced annually thereafter. Customer shall pay all invoices within the following number of days of the invoice date: 30 • Placer will send all billing via electronic invoice to the Customer billing contact email indicated above via NetSuite. • If Customer believes that Placer has invoiced Customer incorrectly, Customer must contact Placer no later than sixty (60) days after the closing date on the first invoice in which the error or problem appeared in order to receive an adjustment or credit. Inquiries should be directed to Placer’s customer support department at support@placer.ai. • Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. • Customer is responsible for all applicable taxes arising directly from the Services other than U.S. taxes based on Placer’s net income. COML Council Packet 3-11-25, Page 122 of 172 4 CON-039807 Placer Confidential Information All rights reserved. This document contains confidential and/or proprietary information belonging to Placer Labs Inc. which may not be reproduced or transmitted in any form or by any means without the express written consent of Placer. Fee Increases: • The Annual Fee for the Initial Term has been based on the metric(s) and scoping in this Order Form, Placer reserves the right to increase the Customer’s Annual Fee for any Additional Term if the metric or scope of use has increased. • Except as specifically provided otherwise in this Order Form, renewal of promotional or one-time priced Fees will be at Placer’s applicable subscription pricing in effect at the time of the applicable Additional Term. • Customer agrees that if any event occurs that will result in a material increase in Customer’s usage of the Services (whether due to a merger or acquisition or otherwise), Customer will notify Placer in writing no later than thirty (30) days following the date of such event and Placer reserves the right to increase the Customer’s Annual Fee mid-Term accordingly. If such event consists of Customer’s merger with or acquisition of another customer of Placer, the Annual Fee increase shall be in an amount no less than the pro-rated annual fee of such other customer. • Except as specifically provided otherwise in this Order Form, Annual Fees for any Additional Term shall be subject to an increase up to the greater of eight percent (8%) or CPI, unless Placer provides notice of different pricing at least thirty (30) days prior to the applicable Additional Term. Any such increase in Annual Fees will only be effective upon commencement of the Additional Term. 6. Support. Placer will use commercially reasonable efforts to provide customer service and technical support in connection with the Services on weekdays during the hours of 9:00 A.M. through 5:00 P.M. Pacific Time, with the exclusion of federal holidays. For any such support, Customer shall contact support@placer.ai.. Premier Customer Support • Regular Meetings with Placer's Customer Success Team • Live, Virtual Training support 7. Confidentiality. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Placer includes, without limitation, non-public information regarding features, functionalities and performance of, and pricing for, the Services. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted by the Agreement) or disclose to any third party any Proprietary Information. The foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in the possession of or known to the Receiving Party, prior to disclosure thereof by the Disclosing Party, without any restrictions or confidentiality obligations, (c) was rightfully disclosed to it, without any restrictions or confidentiality obligations, by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law, provided that the Receiving Party provides the Disclosing Party with prompt written notice of such requirement and reasonably cooperates with the Disclosing Party to limit or challenge such requirement. These provisions regarding Proprietary Information shall apply in perpetuity and shall survive any termination of the Order Form or the Agreement. 8. Miscellaneous. Funding Failure Termination Right. If funds for continued payments under this Agreement by the Customer are at any time unavailable or are insufficient for the Initial Term or any Additional Term, through failure of any entity, including the Customer itself, to appropriate such funds, then the Customer shall, within ten (10) days of such determination, provide COML Council Packet 3-11-25, Page 123 of 172 5 CON-039807 Placer Confidential Information All rights reserved. This document contains confidential and/or proprietary information belonging to Placer Labs Inc. which may not be reproduced or transmitted in any form or by any means without the express written consent of Placer. notice to Placer and both Placer and the Customer shall have the right to immediately terminate this Order Form without penalty or further payment by the Customer. Public Records Laws. Placer acknowledges that if Customer is subject to the applicable public records laws and regulations for Washington state ("Public Records Laws"), that all obligations imposed by this Agreement are subordinate to Customer’s obligations under Public Records Laws. Notwithstanding the foregoing, Customer agrees that it will keep Placer's Proprietary Information (including any Placer Data) confidential in accordance with this Order Form and the Agreement unless otherwise required by applicable law, including Public Records Law. License Agreement Amendments. For the purposes of this Order Form only, the Agreement is hereby amended as follows: • If applicable law prohibits Customer from indemnifying Placer, then Section 5.b of the Agreement, beginning “Customer shall defend, indemnify and hold Placer harmless…”, is hereby deleted in its entirety. • The third to the last sentence of Section 8 of the Agreement is hereby removed in its entirety and replaced with the following: “This Agreement shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions.” Notices. All notices under the Order Form and the Agreement will be in writing and will be deemed to have been duly given (a) upon delivery by a recognized delivery service (e.g., FedEx) with delivery confirmation, (b) upon receipt, if sent by U.S. certified or registered mail, return receipt requested, or (c) when sent via email, if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient. Notices shall be sent to the addresses set forth in the Order Form, which addresses may be subsequently modified by written notice given in accordance with these provisions. Trial Offering. If Placer provides Customer with additional Services or Placer Data during the Term and identifies such Services or Placer Data as for evaluation or trial purposes only (a “Trial Offering”), access to the Trial Offering is permitted only during the period designated by Placer (or if not designated, 30 days from receipt of access) (“Trial Subscription Term”), unless the Trial Offering is earlier terminated as provided below. During the Trial Subscription Term, Customer may only use the Trial Offering for internal evaluation purposes and may not otherwise use or distribute the Trial Offering for any other purposes. Notwithstanding any provision included in this Order Form or the Agreement to the contrary, in respect of the Trial Offering Customer acknowledges and agrees that: (i) either party may terminate the Trial Subscription Term immediately and without liability upon written notice to the other party; (ii) any Trial Offering is provided “as is”; (iii) Placer provides no warranty, service levels or indemnity for any Trial Offering and (iv) Placer's liability related to any Trial Offering will not exceed USD $100. Notwithstanding the foregoing, the Services and Placer Data provided in this Order Form is not considered a Trial Offering. Promotional Use. Customer grants Placer the right to use Customer’s company name and company logo, for Placer’s promotional purposes , with Customer prior written approval. 9. Authorization. This Order Form is entered into by and between Customer and Placer effective as of the last signature set forth below. This Order Form and use of the Services are governed by, and Customer and Placer agree to, the License Agreement located at https://www.placer.ai/placer-license-agreement/ (the “Agreement”); provided, however, that in the event of any conflict between this Order Form and the Agreement, this Order Form shall control. Unless otherwise defined in this Order Form, capitalized terms herein have the same meaning as in the Agreement. COML Council Packet 3-11-25, Page 124 of 172 6 “Customer” “Placer” . By: \signature2\ Name: \fullname2\ Title: \title2\ Date: \date2\ By: City of Moses Lake \signature1\ Name: fMadullname1\ Madeline Prentice Title: Acting City Manager\title1\ Date: March 11, 2025ate1\ COML Council Packet 3-11-25, Page 125 of 172 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 Madeline Prentice, Acting City Manager 26752 Brian Baltzell, Public Works Director Public Works 3/11/2025 Consent Agenda Authorize NHS Grant Application City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 5,000.00$0.00$5,000.00$ Staff recommends City Council motion to authorize staff to prepare no match funding request documents and application with assistance of Consultants as needed. The availability of National Highway Performance Program (NHPP) federal funding for preserving roadways that are part of the National Highway System (NHS). Funding is available to all state and local agencies responsible for preserving NHS roadways. Local agencies are encouraged to prioritize projects that address communities with traditionally disadvantaged populations that have faced barriers to opportunity and been disproportionately impacted by fatal and serious injury crashes. https://wsdot.wa.gov/business-wsdot/support-local-programs/funding-programs/national-highway- system-asset-management-program Pioneer Way & Stratford Road are eligible and likely very competitive to receive funds for resurfacing and safety improvements. · Eligible work includes resurfacing, restoration, rehabilitation, and reconstruction of NHS roadways; bicycle and pedestrian facilities; safety improvements; traffic signals; and ITS. COML Council Packet 3-11-25, Page 126 of 172 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: A $5,000 request is included for assistance from consultant for preparation of application documents, but staff are hopeful they can complete the application before the deadline with limited assistance. Options and Results Staff will prepare application and necessary documents for no match funding application for NHS grant. Staff will bring back options for recommended changes. Staff will await further instructions. COML Council Packet 3-11-25, Page 127 of 172 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 Madeline Prentice, Acting City Manager 26756 Brian Baltzell, Public Works Director Public Works 3/11/2025 Consent Agenda FY2026 Congressionally Directed Spending Request 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 authorize staff to prepare no match funding request documents and application with assistance from Consultants as needed. SR17Stratford Charrette Network & Vision.pdf 644.95KB Staff has been in discussions with David Marten with Elevate Government Affairs. Based on historical and recent efforts the desire, opportunity and likelihood to acquire/repurpose Railroad property bisecting & barricading Moses Lake is becoming more feasible with efforts by Port of Moses Lake and Columbia Basin Railroad to reroute, shorten and improve Railroad Spur line between Wheeler Industrial Area and Grant County International Airport. A FY2026 Congressionally Directed Spending request one-pager would allow funds to be appropriated for the study and acquisition of Railroad Property through Moses Lake. The City Council has identified need for Water Treatment, Transportation Network Improvements, & Utility distribution through various adopted plans and discussions. Authorizing staff/consultants to seek funding for acquisition of Railroad property is critical to the realization of identified needs. No additional funds should be needed for assistance with one-page funding request. Options and Results COML Council Packet 3-11-25, Page 128 of 172 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Staff will prepare application and necessary documents for FY2026 Congressional directed spending and work with David Marten (Federal Lobbyist) to deploy. Staff will bring back options for recommended changes. Staff will await further instructions. COML Council Packet 3-11-25, Page 129 of 172 COML Council Packet 3-11-25, Page 130 of 172 COML Council Packet 3-11-25, Page 131 of 172 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: Madeline Prentice, Acting City Manager 26759 Brian Baltzell, Public Works Director Public Works 3/11/2025 Consent Agenda Accept 2024 Multimodal Framework - 2005 Activity Trails Plan Update Project 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 accept and authorize staff to closeout Multimodal Framework - 2005 Activity Trails Plan Update. Moses Lake_Activity Trails Master Plan_Invoice MLATMP2_12.23.24_with documentation.pdf 190.35KB Staff worked with the community and Firm Foundations (consultant) to update 2005 Activity Trails Master Plan. Presentations were given September 10, 2024 & November 26, 2024, describing brief history, values, community voice, challenges, opportunities, goals, policies, and timeline. Multimodal framework will enable staff to address population growth and safety concerns as well as facilitate placemaking and destination development to improve quality of life and experience of citizens and tourists in our community. Council adopted Multimodal Framework December 10, 2024. This project is complete, Grant funds in the amount of $40,000.00 were utilized to complete this project. n/a Options and Results Staff will close out project. COML Council Packet 3-11-25, Page 132 of 172 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. Staff will wait for further instructions. COML Council Packet 3-11-25, Page 133 of 172 FIRM FOUNDATIONS COMMUNITY CONSULTING connect@firmfoundationscc.com (425) 220-6293 109 Railroad Avenue Cashmere, WA 98815 www.firmfoundationscc.com INVOICE: MLATMP2 DATE: 12.23.2024 ORGANIZATION:City of Moses Lake, Washigton CONTACT Levi Bisnett Contact Phone (509) 764-3775 TITLE Project Surveyor Org Address 321 S Balsam Street EMAIL lbisnett@citofml.com City, State, Zip Moses Lake, WA 98837 Contract Budget Expensed to Date Invoice Remaining to Bill $0.00 REVISED TO $40,000 Description Quanitity Value Total Senior Staff Hours (2024)127.4 $125.00 $15,925.00 Travel/Lodging/Meals 3 days $200.00 $600.00 Mileage 161mi RT 161 mi $0.60 $96.60 SUBTOTAL Contract Overage $125.85 In-Kind Contribution Less initial payment SUBTOTAL TOTAL DUE $125.85 Invoices not processed within 30 days of receipt may be subject to a late fee not to exceed 5% of the invoiced value. If delayed payment is expected, please reach out to the email on this invoice. $16,495.75 $23,504.25$67,100.00 $16,495.75 $16,621.60 COML Council Packet 3-11-25, Page 134 of 172 Description Date Time Final Draft to Moses Lake 12/23/2024 1.00 Final Framework & Council Presentation 12/10/2024 0.50 Final Framework & Council Presentation 12/10/2024 0.25 Final Framework & Council Presentation 12/10/2024 2.50 Adoption Prep and council presentation 11/26/2024 2.75 Adoption Prep and council presentation 11/26/2024 1.53 Adoption Prep 11/20/2024 1.00 Council agenda prep 11/18/2024 0.50 Multimodal Framework - TPT Presentation 11/12/2024 1.00 Plan development Multimodal Advisory Charter 11/05/2024 1.50 review plan 11/04/2024 1.50 Plan development 11/04/2024 0.75 review plan 11/04/2024 0.25 review plan 11/04/2024 0.50 follow up emails 11/04/2024 0.50 Plan development 11/03/2024 3.25 Proof read plan 11/01/2024 0.75 Proof read plan 11/01/2024 1.25 Plan review w/ Levi 11/01/2024 1.50 Plan development 10/31/2024 3.50 Plan development 10/30/2024 5.50 Plan development 10/29/2024 1.00 Plan development 10/29/2024 1.00 Plan development 10/29/2024 0.25 Plan development 10/29/2024 1.75 Plan development 10/29/2024 0.50 ATMP Update Presentations in-person Travel 09/12/2024 1.53 ATMP Update Presentations in-person 09/10/2024 7.00 ATMP content update 09/04/2024 1.77 ATMP content update 09/04/2024 0.50 ATMP content update 09/02/2024 5.75 ATMP content update 09/01/2024 0.25 ATMP content update 08/30/2024 0.50 ATMP content update 08/30/2024 0.53 ATMP content update 08/30/2024 0.25 Steering Committee prep and draft plan development 08/08/2024 4.00 Steering Committee prep and draft plan development 08/08/2024 0.50 Steering Committee prep and draft plan development 08/08/2024 0.75 SC Agenda and email 08/02/2024 0.28 Check in w/ staff for SC 08/02/2024 2.00 Steering Committee prep and draft plan development 07/30/2024 0.50 Steering Committee prep and draft plan development 07/30/2024 0.25 Schedule update, steering comm doc prep, and comms 07/24/2024 0.56 ATMP schedule revisions and meeting follow up tasks 07/10/2024 0.25 ATMP schedule revisions and meeting follow up tasks 07/08/2024 1.75 Check In 07/08/2024 1.25 COML Council Packet 3-11-25, Page 135 of 172 Comms 07/03/2024 0.25 Draft Plan ATMP 06/07/2024 2.75 ATMP Steering Committee/ Technical 06/06/2024 0.25 ATMP Steering Committee/ Technical 06/04/2024 1.00 ATMP Steering Committee/ Technical 05/31/2024 3.00 ATMP Steering Committee/ Technical 05/24/2024 1.75 ATMP Steering Committee/ Technical 05/10/2024 0.75 Steering Committee Meeting #1 04/30/2024 7.50 Technical Development/Steering Committee 04/29/2024 0.51 Technical Development/Steering Committee 04/29/2024 0.25 Technical Development/Steering Committee 04/28/2024 1.25 Survey Summary Spreadsheet 04/28/2024 2.25 Technical Development/Steering Committee 04/28/2024 4.75 Steering Commmittee 04/09/2024 0.25 Steering Commmittee 04/08/2024 0.25 Steering Commmittee 04/02/2024 0.50 Kick off Call 03/28/2024 1.50 Kick off Call 03/26/2024 0.50 Final Plan 03/18/2024 0.50 update process and timeline 03/18/2024 0.27 Final Plan 03/18/2024 0.52 update process and timeline 03/16/2024 0.55 update process and timeline 03/16/2024 1.04 Final Plan 03/15/2024 1.75 Final Plan 03/14/2024 1.00 Final Plan 03/13/2024 2.07 Final Plan 03/12/2024 2.05 Final Plan 03/12/2024 0.25 Final Plan 03/12/2024 1.80 Final Plan 03/08/2024 2.00 Plan update w/ Levi 03/08/2024 1.25 Final Plan 03/07/2024 0.25 Final Plan 03/07/2024 2.79 Final Plan 03/05/2024 1.00 Final Plan 03/05/2024 0.57 Adjusted scope 02/26/2024 0.53 Entering surveys 02/18/2024 3.50 Entering surveys 02/09/2024 1.75 Rnd 2 Survey Follow up 01/25/2024 0.25 Survey Data 01/14/2024 3.00 Survey Data 01/13/2024 2.50 LEP survey results tacking 01/11/2024 0.50 127.40 COML Council Packet 3-11-25, Page 136 of 172 COML Council Packet 3-11-25, Page 137 of 172 COML Council Packet 3-11-25, Page 138 of 172 CITY COUNCIL MINUTES – January 14, 2025 pg. 3 Action taken: Council Member Martinez moved to approve the Consent Agenda as presented, second by Council Member Fancher. The motion carried 7 – 0. OLD BUSINESS #2 Grant County Health District Interlocal Agreement Council adopted the 2025 Annual Budget on December 10, 2024, to include a flat fee amount of $70k in funding for this year’s contract. Council Member Lombardi requested an addendum for reporting how city funds are spent. Council Member Martinez, District Board Member at this meeting, and City Attorney Kenison will relay the request to District Administrator Adkinson. Action taken: Council Member Martinez moved to authorize the interlocal agreement as presented, second by Council Member Fancher. The motion carried 7 – 0. NEW BUSINESS #3 Comprehensive Plan Amendment – First Presentation Interim Community Development Director Vivian Ramsey advised that the Planning Commission has provided recommendations to approve amendments with exceptions to deny one item and table one item. Amendments were identified in the following categories: Urban Growth Area expansion, Comp Plan Future Land Use Designation and Zoning District Map, Comp Plan and Zoning Code Text, and Capital Facilities. Public testimony was included in the meeting packet from the Planning Commission’s hearing held December 12, 2024. A public hearing and adoption are scheduled for January 28, 2024. A Council study session was scheduled for Tuesday, January 21 at 2 p.m. to discuss the future streets map, capital facilities, and transportation element. #4 Accept 2021 State Auditor’s Report The State Auditor’s Office (SAO) recently published the City’s 2021 Financial Statements Audit Report #1036171 on their website. There were two findings and response to prior year findings in clean opinion with no qualifications - the highest possible rating. Acting City Manager Madeline Prentice advised that the City changed to cash basis accounting in 2022 which will take a little longer to complete, followed by a quicker audit for the 2023 financials. Action taken: Council Member Martinez moved to accept the 2021 State Auditor’s Report as presented, second by Council Member Lombardi. The motion carried 7 – 0. #5 Petition by AMJ for Annexation A 10% Notice of Annexations was received and payment completed on November 24, 2024, for 78.4 acres on parcel 19048300 located at L & Wheeler Rd. Action taken: Mayor Swartz moved to accept the Intent to Commence Annexation Petition and proceed with annexation, to accept the boundary as proposed that is located in an unincorporated area of the City’s urban growth boundary, to require the adoption of the Comprehensive Plan Future Land Use Designation of Commercial and associated Zoning Designation of C2-Commercial, and to COML Council Packet 1-28-25, Page 24 of 90 Attachment A March 11, 2025 COML Council Packet 3-11-25, Page 139 of 172 CITY COUNCIL MINUTES – January 14, 2025 pg. 4 require the assumption of existing indebtedness of the City to be applied to the entire area to be annexed, second by Council Member Martinez. The motion carried 7 – 0. ADMINISTRATIVE REPORTS AWC Action Days The annual event coordinated during the legislative session in Olympia will be February 19-20 in Lacey. Council Member Martinez has registered to attend the event. MLK Community Event The Creative District coordinated with the local Martin Luther King Committee and Police Color Guard for the annual march and program after on Monday, January 20. COUNCIL COMMUNICATIONS AND REPORTS Council Member Martinez shared that the Grant County Board of Health recently appointed Grant County Commissioner Kevin Burgess. She also provided updates on meetings attended with Moses Lake Watershed, NCW Opioid Abatement Council, and the Council’s Ad Hoc Homeless Committee. Council Member Skaug announced that the Boeing Company is sponsoring the Apple STEM Network events for students on January 23, February 17, and April 3 in Moses Lake. Council Member Lombardi thanked Public Works Director Brian Baltzell for resolving water issue at the municipal airport. Mayor Swartz attended a Chamber of Commerce leadership summit with other Council Members, members of the school district, hospital district, county commissioners, and state legislatures. He also received feedback from residents on the color of holiday lights on trees located on the Alder St. bridge (the fill) this year. EXECUTIVE SESSION Mayor Swartz called an Executive Session from 9:33 p.m. to 10:03 p.m. to discuss qualifications of applicant for public employment and potential litigation pursuant to RCW 42.30.110(1) subsections (g) and (i), with no action to follow. Mayor Swartz extended the session for five minutes. ADJOURNMENT The regular meeting was adjourned at 10:09 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 1-28-25, Page 25 of 90COML Council Packet 3-11-25, Page 140 of 172 COML Council Packet 1-14-25, Page 125 of 136Attachment BMarch 14, 2025COML Council Packet 3-11-25, Page 141 of 172 Agenda Item Number: 26601 Department Parks, Recreation, and Cultural Services Proceeding Type Old Business To: Madeline Prentice, Acting City Manager From Doug Coutts, PRCS Director For Agenda of: 3/11/2025 Subject Remove Watering Exemption Ordinance 3068 Reviewed and Approved by: City Manager Community Development Fire Parks, Rec, & Cultural Services Public Works Expenditure Required: $ 0.00 Action Requested Amount Budgeted: $ 0.00 City Attorney Finance Human Resources Police Technology Services Appropriation Required: $ 0.00 Staff recommends City Council motion to approve the ordinance amending Moses Lake Municipal Code Chapter 13.07.010 Water Conservation, Restrictions, and Rationing as presented. Packet Attachments (if any) 2025-03-11_AMEND MLMC 13.070.010(8).docx Overview 20.95KB Every two years the Water Conservation measures in code are to be reviewed and revised as needed. With the shallow well drilled at Larson Playfields, the Larson property will be removed from the City's potable water system for irrigation purposes and should be removed from the exemption list for parks with high tourism value. Larson Playfields will still be exempt from watering restrictions, but because it is on a non-potable water source, not due to the high tourism value of the park. Fiscal and Policy Implications None Options and Results Approve, Authorize, or Adopt: The code will be changed and take effect 5 days from approval. Provide Amended Direction: Staff will bring back options for recommended changes. No Action Taken: Staff will consider additional options and bring something back to council at a future meeting. COML Council Packet 3-11-25, Page 142 of 172 ORDINANCE NO. 3068 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE CHAPTER 13.07.010 “WATER CONSERVATION, RESTRICTIONS, AND RATIONING” Recitals: 1. The City of Moses Lake continues to see declining water levels in most of the City’s wells because of the declining aquifer resulting in a decreased ability to provide water to the community; and, 2. The need for water conservation is critical; and, 3. Restrictions on use of potable water for landscape irrigation are necessary to conserve water resources; and, 4. Parks are essential to the community by providing larger common spaces for recreation and relaxation and providing a yard, turf, and open space housing facilities without one. Additionally, the city’s larger parks are home for many community youth and adult sports leagues, the host of tournaments and large special events that attract teams statewide and from neighboring states which promotes tourism and brings visitors to the community; and, 5. With the completion of a newly constructed shallow well providing non-potable water to Larson Playfield, an exemption from the adopted irrigation schedule is no longer necessary. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 13.07.010(B) of the MLMC titled “Water Conservation, Restrictions, and Rationing” is amended as follows: B. Exemptions for City Parks. City parks irrigating on City’s potable water system will be limited to watering three (3) days each week with a specific schedule to be determined by the Parks Superintendent. No zone of a City park irrigation system connected to the City potable water system will be irrigated more than three (3) days each week with the following exceptions: 1. Larson Playfields, Paul Lauzier Park, and Yonezawa Park have high tourism value, and currently an alternative source is not available so in the interim there will be an exemption. This exemption will be revisited annually as resources are identified. 2. City parks without timers or remote watering capabilities will be exempt from the time-of-day watering restrictions. City park staff will maintain a current list of these parks. As park infrastructure is updated and timers are added to these parks, they will be removed from the exemption list. COML Council Packet 3-11-25, Page 143 of 172 3. Upon written request of the Director of Parks, Recreation, and Cultural Services, the City Manager may approve a one (1) day exemption to watering restrictions to promote turf recovery following a special event held at the park. Section 2. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection or portion of this ordinance, or the application thereof to any person or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized by the Moses Lake City Council to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto which do not change the substantive meaning of the ordinance. Section 4. 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, Washington and signed by its Mayor on March 11, 2025. ________________________________________ 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: March 17, 2025 Date Effective: March 22, 2025 COML Council Packet 3-11-25, Page 144 of 172 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 Madeline Prentice, Acting City Manager 26758 Brian Baltzell, Public Works Director Public Works 3/11/2025 New Business Big Bend Community College Easement Agreement 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 authorize the Acting City Manager to sign an agreement which allows Big Bend Community College's contractor to do work over existing water and sewer lines and easements. BBCC and Moses Lake Agreement.docx 32.52KB Big Bend Community College is currently working on improvements at the campus. They are building a large shade structure in between buildings. The College mistakenly believed that the water and sewer lines in that are were owned by the College. There are footings of the shade structure that are directly over the water and sewer lines. The lines are part of the original water and sewer system built by the Air Force and deeded to the City. When discovered the City and College met to come up with a solution. The water line will be abandoned as it only serves one building that can be served from another line. The sewer only serves buildings onsite and can be transferred to College ownership. Until all of the abandonment work and transfer of ownership can take place, city staff is recommending we enter into an agreement with the College that shifts control and responsibility for any damage to the system during construction to the College and their contractors. The Agreement has been reviewed by City and College legal counsel. None. Options and Results COML Council Packet 3-11-25, Page 145 of 172 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Acting City Manager will sign the agreement. Staff will bring back options for recommended changes. Agreement will not be signed. COML Council Packet 3-11-25, Page 146 of 172 1 This Agreement is entered into among Big Bend Community College (“Big Bend”), the State of Washington, Department of Enterprise Services (“DES”), and the City of Moses Lake (“Moses Lake”) and is effective as of the date executed. Collectively, Big Bend, DES, and Moses Lake are referred to herein as “the Parties.” RECITALS A. Water lines and sewer lines owned by the City of Moses Lake run across the Big Bend campus and serve buildings on the campus as well as, in some cases, surrounding properties. B. The City of Moses Lake holds utilities easements over and across the real property of Big Bend (servient estate) to access and maintain the water lines and sewer lines. Pursuant to City code, work within a municipal easement requires a permit from the city of Moses Lake which was not obtained by Big Bend. C. Big Bend, acting by and through DES, is in the process of erecting a shade structure over an area where both water lines and sewer lines are located. D. Moses Lake has informed Big Bend that a permit is required for the work and that elements of the shade structure are located within Moses Lake’s utilities easements and affect Moses Lake’s ability to access and maintain segments of the water lines and sewer lines. E. In lieu of a stop work order, the Parties have agreed to permit Big Bend to proceed with erection of the shade structure subject to the terms and conditions of this Agreement. F. The Parties have agreed that ownership of certain, not yet identified segments of the water lines will be conveyed to Big Bend for eventual abandonment by Moses Lake and decommissioning, and that ownership of certain, not yet identified segments of the sewer lines will be conveyed to Big Bend for continued use. The segments to be conveyed are anticipated to be within the “Area of Concern” depicted on Exhibit “A.” G. The Parties have further agreed that, prior to such conveyance, Big Bend and DES will perform work on identified segments of the water lines and will accept maintenance and risk of loss responsibility of those identified segments of the water lines and sewer lines so that Big Bend can continue to construct its shade structure without obstructing Moses Lake’s easement or affecting Moses Lake’s maintenance responsibilities. The identified areas where Big Bend and DES will perform work and accept maintenance responsibilities and risk of loss are shown on Exhibit “A” as the “Area of Concern”. H. The work to be performed and transfer of responsibilities are for the benefit of both Parties. COML Council Packet 3-11-25, Page 147 of 172 2 I. The Parties are entering into this Agreement to permit Big Bend and DES to conduct the work within the Area of Concern on the following terms. AGREEMENT For and in consideration of mutual and offsetting benefits set forth in the Recitals, which are incorporated herein, the Parties agree as follows: Moses Lake consents to allow/authorize Big Bend, DES, their authorized agents, employees, or independent contractors to enter and perform construction work on the water lines and sewer within the Area of Concern as set forth in this Agreement. The following construction work will be completed by Big Bend and DES on or before 12/31/2025 otherwise this Agreement will terminate and shall be of no further force and effect: x Big Bend/DES will abandon segments of the water line within the “Area of Concern” on attached Exhibit A and will grout and fill the abandoned segments of line to eliminate the possibility of future settlement. x Big Bend/DES will relocate the 4" meter to the “Hot Water Building” and install a new service line. x Big Bend/DES will cut out the tees on both ends of the old water line and patch the line. x Big Bend/DES will provide advance notice to the City Engineer of each activity described above to permit attendance at and inspection of each activity; the City Engineer shall accept or reject the work as is appropriate. The Parties agree that, during the effective period of this Agreement, Big Bend and DES will have sole and exclusive control of and maintenance responsibility for water lines and sewer lines within the Area of Concern. To the extent authorized by law, Big Bend and DES agree to hold the City of Moses Lake harmless from, and be responsible for claims, actions, costs, and damages resulting from the acts or omissions of Big Bend, its authorized agents to include DES, employees, or contractors, while acting within the scope of their employment or contract, in entering upon the Area of Concern or engaging in work and other activities upon the water lines and sewer lines. This obligation shall not include such claims, actions, costs, or damages that may be caused by the sole acts or omissions of The City of Moses Lake, its assigns, employees, agents, officers, licensees, contractors, or invitees. If the claims or damages are caused by or result from the concurrent acts or omissions of the Parties, this provision shall be valid and enforceable only to the extent of the acts or omissions of Big Bend, or its authorized agents, employees, or contractors. Big Bend and DES agree to require all third-party contractors engaged in work in the Area of Concern to indemnify the City and to procure and maintain insurance types and coverage amounts before entering onto or commencing any work on the property as set forth in Exhibit B. COML Council Packet 3-11-25, Page 148 of 172 3 This Agreement shall be governed by and construed in accordance with the laws of the State of Washington (regardless of the laws that might be applicable under principles of conflicts of law) as to all matters, including, but not limited to, matters of validity, construction, effect, and performance. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. [Signatures on next page] COML Council Packet 3-11-25, Page 149 of 172 4 Dated this day of , 2025 (the “Execution Date”). CITY OF MOSES LAKE By: Printed Name: Title: Date: COML Council Packet 3-11-25, Page 150 of 172 5 STATE OF WASHINGTON, State Board for Community and Technical Colleges, Big Bend Community College, acting through the Department of Enterprise Services ____________________________________ [____________] Real Estate Services Date: ____________________________________ RECOMMENDED FOR APPROVAL ____________________________________ [______________] APPROVED AS TO FORM By: Assistant Attorney General Date: COML Council Packet 3-11-25, Page 151 of 172 COML Council Packet 3-11-25, Page 152 of 172 6 EXHIBIT B Third-Party Contractor Indemnification. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from claims, injuries, damages, losses or suits including attorney fees, arising out of, in connection with, or incident to any negligent or intentional acts, errors or omissions, or conduct of the Contractor (or its employees, agents, representatives, subcontractors/ subconsultants) in performance of this Agreement, whether such claims sound in contract, tort, or other legal theory, except for injuries and damages caused by the sole negligence of the City. The Contractor’s duty to defend and indemnify pursuant to this Section is not in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of the Contractor. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of indemnification. This waiver has been mutually negotiated by the Parties. As used in this Section, “City” includes the City, the City officers, employees, agents, and representatives. If, and to the extent, Contractor employs or engages subcontractors or subconsultants then Contractor shall ensure that each such subcontractor and subconsultant (and subsequent tiers of subcontractors and subconsultants) shall expressly agree to defend and indemnify the City to the extent and on the same terms and conditions as the Contractor pursuant to this Section. A. Insurance Term The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor’s work through the term of the Contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated herein. B. No Limitation The Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance or otherwise limit the City of Moses Lake’s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance The Contractor’s required insurance shall be of the types and coverage as stated below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products- completed operations for a period of three years following substantial completion of the work for the benefit of the City of Moses Lake, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City of Moses Lake shall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City of Moses Lake using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. D. Minimum Amounts of Insurance COML Council Packet 3-11-25, Page 153 of 172 7 The Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. E. City of Moses Lake Full Availability of Contractor Limits If the Contractor maintains higher insurance limits than the minimums shown above, the City of Moses Lake shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the City of Moses Lake evidences limits of liability lower than those maintained by the Contractor. F. Other Insurance Provision The Contractor’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City of Moses Lake. Any insurance, self- insurance, or self-insured pool coverage maintained by the City of Moses Lake shall be excess of the Contractor’s insurance and shall not contribute with it. G. Contractor’s Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers, contractors or subcontractors as well as to any temporary structures, scaffolding and protective fences. H. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The General Liability and Workers’ Compensation policies shall be endorsed with a waiver of subrogation in favor of the City of Moses Lake for all work performed by the Contractor, its employees, agents and subcontractors. I. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. J. Verification of Coverage The Contractor shall furnish the City of Moses Lake with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City of Moses Lake a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Upon request by the City of Moses Lake, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Contract and evidence of all subcontractors’ coverage. COML Council Packet 3-11-25, Page 154 of 172 8 K. Subcontractors The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the City of Moses Lake is an additional insured on each Subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. L. Notice of Cancellation The Contractor shall provide the City of Moses Lake and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice. M. Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City of Moses Lake may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City of Moses Lake on demand, or at the sole discretion of the City of Moses Lake, offset against funds due the Contractor from the City of Moses Lake. COML Council Packet 3-11-25, Page 155 of 172 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: Madeline Prentice, Acting City Manager 26761 Brian Baltzell, Public Works Director Public Works 3/11/2025 Consent Agenda WSDOT Administrative Settlement Policy. 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 Administrative Settlement Policy and authorize staff to execute Right of Way procedures document with WSDOT, Local Programs Right of Way Manager. LPA-001CML_draft352025.pdf 467.08KB The City of Moses Lake is required to follow state and federal guidelines relating to the acquisition of or interest in real property needed for Right of Way on federally funded projects. Staff has completed the appropriate training and has prepared required policies and documents. These procedures will be utilized for the SR17 Yonezawa Intersection Improvement project and applicable in the future as needed. Staff will follow procedures including administrative settlement policy when it is determined that such action is reasonable, prudent and in the public interest. Options and Results Staff will work with WSDOT, Local Programs to execute Right of Way Procedures Staff will bring back options for recommended changes. Staff will await instruction from Council.COML Council Packet 3-11-25, Page 156 of 172 LPA-001 Rev. 6/2024 Right of Way Procedures The CITY OF MOSES LAKE (Agency), needing to acquire real property (obtain an interest in and/or possession of) in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act and applicable federal regulations (49 CFR Part 24) and state law (Ch. 8.26 RCW), and state regulations (Ch. 468-100 WAC) hereby adopts the following procedures to adhere to all applicable laws, statutes, and regulations. The Agency is responsible for the real property acquisition and relocation activities on projects administered by the Agency and must acquire right of way (ROW) in accordance with the policies set forth in the Washington State Department of Transportation Right of Way Manual M 26-01 and Local Agency Guidelines (LAG). Below is a list of Agency staff, by name and position titles, who are qualified to perform specific ROW functions. Attached to these procedures are resumes for everyone listed within these procedures, which provide a summary of their qualifications. The procedures shall be updated whenever staffing changes occur. 1. The Agency has the staff with the knowledge and experience to accomplish the following ROW Disciplines: i. PROGRAM ADMINISTRATION: Oversee delivery of the ROW Program on federal aid projects for the Agency. Ensures ROW functions are conducted in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations:  Ensures Agency’s approved ROW Procedures are current, including staff qualifications, and provides copies to consultants and Agency staff;  Oversight of ROW consultants; o use of consultant contract approved by WSDOT o management of ROW contracts o management of ROW files o reviews and approves actions and decisions recommended by staff & consultants o Overall responsibility for decisions that are outside the purview of consultant functions  Sets Just Compensation before offers are made;  Oversight and approval of Waiver Valuations per policy;  Oversight and approval of Administrative Settlements per policy;  Ensure the Agency has a relocation appeal process before starting relocation activities;  Obligation authority for their Agency;  Obtain permits (Non-Uniform Relocation Act (URA));  Ensures there is a separation of functions to avoid conflicts of interest.  Verifies whether ROW is needed, and that the property rights and/or interests needed are sufficient to construct, operate, and maintain the proposed projects (see LAG Appendix 25.174, 25.175, & 25.176). Levi Bisnett, PLS Design Engineer Note: Staff included under Program Administration must have completed the eLearning Administrative Settlement and No ROW Verification training available at https://wsdot.wa.gov/business-wsdot/support-local-programs/local-programs-training/right-way- training-education COML Council Packet 3-11-25, Page 157 of 172 LPA-001 Rev. 6/2024 ii. APPRAISAL Prepare and deliver appraisals on federal aid projects for the Agency. Ensures that appraisals are consistent and in compliance with state and federal laws, regulations, policies, and procedures. Responsibilities/Expectations:  Use only qualified agency staff approved by WSDOT to perform appraisal work;  Use an Appraiser from WSDOT’s Approved Consultant List if the Agency does not have qualified staff;  Prepare ROW Funding Estimate (not required to be completed by an appraiser & only when there are federal funds in the ROW Phase);  Prepare Wavier Valuation;  Obtain specialist reports;  Coordinate with engineering, program administration, acquisition, relocation, and/or property management, as necessary. CONTRACT WITH QUALIFIED CONSULTANT iii. APPRAISAL REVIEW: Review appraisals on federal aid projects for the Agency to make sure they are adequate, and reliable, have reasonable supporting data, and approve appraisal reports. Ensures appraisals are adequately supported and represent fair market value and applicable costs to cure and are completed in compliance with state and federal laws, regulations, policies, and procedures. Responsibilities/Expectations:  Use only qualified agency staff approved by WSDOT to perform appraisal review work;  Use review appraiser from WSDOT’s Approved Consultant List if the agency does not have qualified staff;  Ensures project-wide consistency in approaches to value, use of market data, and costs to cure;  Coordinate with engineering, program administration, acquisition, relocation, and/or property management, as necessary. CONTRACT WITH QUALIFIED CONSULTANT iv. ACQUISITION: Acquire, through negotiation with property owners, real property, or real property interests (rights) on federal aid projects for the Agency. Ensures acquisitions are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations:  Use only qualified staff to perform acquisition activities for real property or real property interests, including donations; COML Council Packet 3-11-25, Page 158 of 172 LPA-001 Rev. 6/2024  To avoid a conflict of interest, when the acquisition function prepares a Waiver Valuation, only acquires property valued at $15,000 or less;  Provide and maintain a comprehensive written account of acquisition activities for each parcel;  Prepare Waiver Valuation justification and obtain approval;  Prepare Administrative Settlement and obtain approval;  Prepare Right of Way Funding Estimate (when there are federal funds in the ROW Phase);  Review title, and recommend and obtain approval for acceptance of encumbrances;  Ensure acquisition documents are consistent with ROW plans, valuation, and title reports;  Provide a negotiator disclaimer;  Maintain a complete, well-organized parcel file for each acquisition;  Coordinate with engineering, program administration, appraisal, relocation, and/or property management, as necessary. CONTRACT WITH QUALIFIED CONSULTANT Note: Staff included under Acquisition must have completed the eLearning Administrative Settlement training available at https://wsdot.wa.gov/business-wsdot/support-local- programs/local-programs-training/right-way-training-education v. RELOCATION: Provide relocation assistance to occupants of property considered displaced by federally funded projects for the Agency. Ensures relocations are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations:  Prepare and obtain approval of relocation plan before starting relocation activities;  Confirm relocation appeal procedure is in place;  Provide required notices and advisory services;  Make calculations and provide recommendations for Agency approving authority before making payment;  Provide and maintain a comprehensive written account of relocation activities for each parcel;  Maintain a complete, well-organized parcel file for each displacement;  Ensure occupants and personal property is removed from the ROW;  Coordinate with engineering, program administration, appraisal, acquisition, and/or property management, as necessary. CONTRACT WITH QUALIFIED CONSULTANT vi. PROPERTY MANAGEMENT: COML Council Packet 3-11-25, Page 159 of 172 LPA-001 Rev. 6/2024 Establish property management policies and procedures that will assure control and administration of ROW, excess lands, and improvements acquired on federal aid projects for the Agency. Ensures property management activities are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations:  Account for use of proceeds from the sale/lease of property acquired with federal funds on other title 23 eligible activities;  Keep ROW free of encroachments;  Obtain WSDOT/FHWA approval for change in access control along interstate;  Maintain property records;  Ensure occupants and personal property is removed from the ROW;  Maintain a complete, well-organized property management file;  Coordinate with engineering, program administration, appraisal, acquisition, and/or property management, as necessary. DEBBIE BURKE, CITY CLERK b. Any functions for which the Agency does not have qualified staff, the Agency will contract with another local agency with approved procedures, a qualified consultant, or the WSDOT. An Agency that proposes to use qualified consultants for any of the above functions will need to work closely with their ROW Local Agency Coordinator (LAC) and Local Programs to ensure all requirements are met. The LAC will perform spot-check reviews on selected federal aid or federal aid-eligible projects. The LAC must be given an opportunity to review all offers and supporting data before offers are made to the property owners. The number of spot-check reviews is dependent upon the scope of the project, the complexity of acquisitions, the local agency’s level of experience, and past performance. Spot check reviews may not be required on all projects but will lessen the risk of delays during ROW Certification. Additional information or parcel files may be requested by the LAC to ensure local agency compliance. c. The Agency’s Administrative Settlement Procedures indicating the approval authorities and the procedures involved in making administrative settlements need to be included with these procedures (see Exhibit A). d. An Agency wishing to take advantage of the Waiver Valuation process, properties valued up to $35,000 or less, need to complete Exhibit B of these procedures. 2. All projects shall be available for review by the FHWA and WSDOT at any time and all project documents shall be retained and available for inspection during the plan development, ROW, and construction stages, and for three years following acceptance of the projects by WSDOT. 3. Approval of the Agency’s procedures by WSDOT Local Programs may be rescinded at any time the Agency is found to no longer have qualified staff or is found to be in non-compliance with the regulations. The rescission may be applied to all, or part of the functions approved. COML Council Packet 3-11-25, Page 160 of 172 LPA-001 Rev. 6/2024 MADELINE PRENTICE, ACTING CITY MANAGER Date Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date COML Council Packet 3-11-25, Page 161 of 172 LPA-001 Rev. 6/2024 EXHIBIT A Agency’s Administrative Settlement Policy Public Works Department (509) 764-3786 P.O. Box 1579 (321 S. Balsam Street) Moses Lake, WA 98837/ www.cityofml.com RIGHT-OF-WAY ACQUISITION POLICY AND PROCEDURE 1.0 POLICY 1.1 The City of Moses Lake adopts this policy for the acquisition of right of way and for the administration of relocation assistance as provided by state and federal laws and regulations. The City will make every reasonable effort to expeditiously acquire necessary real property and real property rights by negotiations. Negotiation implies an honest effort to resolve differences between the city and property owners, recognizing the inexact nature of the process by which just compensation is determined. Therefore, to facilitate the expeditious acquisition of real property and avoidance of the cost and delays associated with litigation, The procedure for administrative or stipulated settlements is hereby established, including the method for administrative approval of payments and excess of the stated fair market value as shown on the Agencies approved determination of value. 2.0 PROCEDURE 2.1 Designation of Responsible Official. The official responsible for determination of administrative or stipulated settlement shall be the City of Moses Lake’s Design Engineer - Levi Bisnett, PLS. 2.2 Procedure for Approval of Administrative Settlement. The official responsible may approve an administrative settlement when it is determined that such action is reasonable, prudent and in the public interest. In arriving at a determination to approve an administrative settlement, the official responsible shall give full consideration to all pertinent information, including, but not limited to the following: 2.2.1 All available appraisals, including the owners (unless the acquisition is simple and the compensation estimate indicated on the project funding estimate is $25,000.00 or less, including cost to cure items), and the probable range of testimony in a condemnation trial. COML Council Packet 3-11-25, Page 162 of 172 LPA-001 Rev. 6/2024 2.2.2 Ability of the agency to acquire the property, or possession, through the condemnation process. 2.2.3 The impact of project timeliness pending acquisition. 2.2.4 The negotiator’s recorded information including their diary of right of way activity. 2.2.5 Recent court awards in cases involving similar acquisition and appraisal problems. 2.2.6 Likelihood of obtaining an impartial jury within Grant County, and, where appropriate, the opinion of legal counsel in regards to the costs and outcome of litigation. 2.2.7 The estimate of trial cost, including the cost of expert witnesses, and potential responsibility for the payment of adverse attorney fees. 2.3 In addition to the above, any proposed administrative payment in excess of the fair market value shown by the City's approved determination of value, must also, be approved by the City Manager. 2.4 A minimum payment policy of $500 has been established. Dated this _________ day of March, 2025 MADELINE PRENTICE, ACTING CITY MANAGER Date Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date COML Council Packet 3-11-25, Page 163 of 172 LPA-001 Rev. 6/2024 EXHIBIT B Agency’s Waiver Valuation The CITY OF MOSES LAKE , hereinafter (Agency), desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C, 49 CFR Part 24, and State directives, and desiring to take advantage of the waiver valuation process approved by the Federal Highway Administration (FHWA) for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation (WSDOT) as follows: Rules A. The Agency may elect to waive the requirement for an appraisal if the acquisition is simple, has a low fair market value, and the compensation estimate (including the cost to cure items) and the estimated property value is under $35,000. B. The Agency must make the property owner(s) aware that an appraisal has not been completed on the property for offers of $15,000 or less. C. The Agency must make the property owner(s) aware that an appraisal has not been completed on the property for offers over $15,001 and up to $35,000, and that an appraisal will be prepared if requested by the property owner(s). D. Special care should be taken in the preparation of the Waiver Valuation as no review is mandated, the preparer needs to ensure that the compensation is fair and that all the calculations are correct. Procedures A. A Waiver Valuation is prepared using comparable sales found and verified at the time of preparation. B. The Waiver Valuation is approved by the Agency staff listed under Program Administration within these Right of Way Procedures. Upon signature, an offer to the property owner(s) is authorized once the local agency coordinator has completed a Spot Check for the project. MADELINE PRENTICE, ACTING CITY MANAGER Date Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date COML Council Packet 3-11-25, Page 164 of 172 Administrative planning document only. Today's Date:3/6/2025 All items are tentative and subject to constant change. Mar 25 due dates: Attorney 3/11, Director 3/17, City Manager 3/19. Std PH Notices for Apr 8 are due Mar 19. Date/Time Proceeding Agenda Subject Action Director LF Status City of Moses Lake Agenda Topics - 2025 #/ltr/pg Tue, Mar 25 Study Session Grant Transit Authority Presentation - Don Loomis, General Manager 6:00 PM Mayor City Manager Consent Water Park and General Parks Concession Agreements <motion>Coutts ""Award Seal Coat Project <motion>Baltzell (recur) ""Accept Improvements Maple Landing Division 2 Res xxxx <motion>Baltzell ""Set Western Ave Vacate Public Hearing Res xxxx <motion>Ramsey Old Business New Business Water General Plan Update 1st Pres Baltzell ""Grant County Recording Fee Amendment Motion Ramsey done Admin Tue, Apr 8 Mayor Kiwanis Mayor's Prayer Breakfast (solicit attendance)(recur) 6:30 PM City Manager Consent Accept Lakemont Planned Development Deeds <motion>Ramsey Old Business Water General Plan Update (Prior to W/S Rate Study)Motion Baltzell ""WSDOT Adminstratvie Settlement Pollicy Resolution New Business Graffiti Regulations Update 1st Pres Ramsey Admin Tue, Apr 22 Presentation Moses Lake Community Coalition 1st Quarter Report (recur) 6:30 PM Mayor Yonezawa Japan Sister City Proclamation (treaty signed May 1, 1981)(recur) City Manager Council Candidate Forum Date (Odd Years)City Manager (recur) ""pg 1st Quarter Financial Report Prentice (recur) Public Hearing Western Ave Vacate Ordinance xxxx Ramsey COML Council Packet 3-11-25, Page 165 of 172 Administrative planning document only. Today's Date:3/6/2025 All items are tentative and subject to constant change. Mar 25 due dates: Attorney 3/11, Director 3/17, City Manager 3/19. Std PH Notices for Apr 8 are due Mar 19. Date/Time Proceeding Agenda Subject Action Director LF Status City of Moses Lake Agenda Topics - 2025 #/ltr/pg Consent Old Business Graffiti Regulations Ordinance xxxx Motion Ramsey New Business Accept 20xx State Auditor's Report Motion Prentice (recur) ""Employee Handbook Update Resolution 1st Pres Springer (recur) Admin If Quorum:No Action Agenda Council Candidate Open House Th 5/4 at 4 pm, Fri 5/5 at Noon (recur) Tue, May 13 Presentation Armed Services Recognition - Moses Lake Area HS graduates City Manager (recur) 6:30 PM Mayor City Manager AWC Annual Conference Registration (2024 Dates 6/18-21 in Vancouver)(recur) Consent Old Business Employee Handbook Update Resolution xxxx Motion Springer (recur) New Business Admin If Quorum:No Action Agenda Kiwanis Mayor's Prayer Breakfast 5/3 at 7 am (Mayor at VIP Table)(recur) Tue, May 27 Presentation 6:30 PM Mayor Memorial Day Proclamation (recur) City Manager Consent Old Business New Business Admin Thurs, May 29 AGCCT Location tbd RSVP Due Mmm dd Tue, Jun 10 Public Hearing 6-Year Transportation Improvement Program, Resolution xxx Motion Baltzell (recur) 6:30 PM ""Title 15 Amendment COML Council Packet 3-11-25, Page 166 of 172 Administrative planning document only. Today's Date:3/6/2025 All items are tentative and subject to constant change. Mar 25 due dates: Attorney 3/11, Director 3/17, City Manager 3/19. Std PH Notices for Apr 8 are due Mar 19. Date/Time Proceeding Agenda Subject Action Director LF Status City of Moses Lake Agenda Topics - 2025 #/ltr/pg Mayor pg Sister City Student Exchange Fundraiser Notice (recur) City Manager Consent Old Business New Business 2025 Community Street and Utility Standards Resolution xxxx Motion Baltzell (recur) Admin Sat, Jun xx 9am-11am Airshow VIP/Elected Official's Reception RSVP Due June xx by 3 pm (recur) Thurs, Jun 26, 4-5:45 P AWC Annual Business Meeting - Voting Delegates (up to 3) Designation Due June xx, 2025 (recur) Tue, Jun 24 Presentation 6:30 PM Mayor City Manager Consent Old Business New Business Unified Development Code Update 1st Pres Ramsey Admin Tue, Jul 8 Presentation 6:30 PM Mayor City Manager pg Budget Guidelines Memo (included in packet)Prentice (recur) Consent Old Business New Business Unified Development Code Title 15 Amendment Ord xxxx Motion Ramsey Admin COML Council Packet 3-11-25, Page 167 of 172 Administrative planning document only. Today's Date:3/6/2025 All items are tentative and subject to constant change. Mar 25 due dates: Attorney 3/11, Director 3/17, City Manager 3/19. Std PH Notices for Apr 8 are due Mar 19. Date/Time Proceeding Agenda Subject Action Director LF Status City of Moses Lake Agenda Topics - 2025 #/ltr/pg Tue, Jul 22 Presentation 6:30 PM Mayor City Manager pg 2nd Quarter Financial Report Prentice (recur) Consent Airport Capital Improvement Plan <motion>Baltzell (recur) Old Business New Business Thurs, July 31 at 6 pm AGCCT Location tbd RSVP Due Mmm dd Tue, Aug 12 Presentation DMLA Main St Tax Annual Report - Mallory Miller, Executive Director (recur) 6:30 PM Mayor City Manager Lakeside Disposal Contract CPI effective Sept 1 Prentice (recur) Consent Old Business New Business Admin Tue, Aug 26 Study Session - 6 pm Grant County Trends 20xx - Dr. Patrick Jones, EWU confirmed X-XX (recur) Presentation Childhood Cancer Month Proclamation Angel Ledesma, CBCF Executive Director(recur) Mayor City Manager Schedule Budget Workshop on a Saturday in October Prentice (recur) Consent Garbage Rate Adjustment Fee Schedule Res xxxx <motion>Prentice (recur) Old Business New Business Admin COML Council Packet 3-11-25, Page 168 of 172 Administrative planning document only. Today's Date:3/6/2025 All items are tentative and subject to constant change. Mar 25 due dates: Attorney 3/11, Director 3/17, City Manager 3/19. Std PH Notices for Apr 8 are due Mar 19. Date/Time Proceeding Agenda Subject Action Director LF Status City of Moses Lake Agenda Topics - 2025 #/ltr/pg Sept 01 B&C Admins Email list for those seeking reappointment for terms expiring Dec 31 Due Oct 1 (recur) Tue, Sep 9 Presentation 6:30 PM Mayor City Manager Consent Old Business New Business Ground Works Lease Renewal (expires Sept 30, 2025)Motion Ramsey Admin Tue, Sep 23 Mayor Hispanic Heritage Month Proclamation (recur) 6:30 PM City Manager Consent Set 2026 Property Tax/Budget Public Hearings **<motion>Prentice (recur) Old Business New Business Admin Tue, Oct 14 Presentation 6:30 PM Mayor City Manager AWC Legislative Priorities Motion City Manager (recur) Consent Transportation Benefit District Annual Report <motion>Baltzell (recur) Old Business New Business Water-Sewer Capital Facilities Plan Update (2024: Prior to W/S Rate Study)Motion Baltzell (recur) Admin COML Council Packet 3-11-25, Page 169 of 172 Administrative planning document only. Today's Date:3/6/2025 All items are tentative and subject to constant change. Mar 25 due dates: Attorney 3/11, Director 3/17, City Manager 3/19. Std PH Notices for Apr 8 are due Mar 19. Date/Time Proceeding Agenda Subject Action Director LF Status City of Moses Lake Agenda Topics - 2025 #/ltr/pg Sat. mm-dd Study Session 2026 Budget Workshop Prentice (recur) Tue, Oct 28 Mayor Native American Heritage Month Proclamation (recur) 6:30 PM ""Veteran's Day Proclamation (recur) City Manager pg 3rd Quarter Financial Report Prentice (recur) Public Hearing Property Tax Levy Resolution xxxx Motion Prentice (recur) ""2026 Budget Ordinance - Public Hearing 1 of 2 1st Pres Prentice (recur) Consent Old Business New Business Lodging Tax Application Approvals Motion Coutts (recur) Admin Thurs, Oct 30 at 6 pm AGCCT Location tbd RSVP Due Mmm dd Wed, Nov 12 Presentation <placeholder for agency contract budget increase requests> (recur) 6:30 PM Mayor City Manager pg Moses Lake 2026 Legislative Agenda Motion City Manager (recur) PH Cont'd 2026 Budget Ordinance xxxx - Public Hearing 2 of 2 Motion Prentice (recur) Consent Grant County Health District Contract 2025 Motion City Manager (recur) Old Business New Bus 2026 Fee Schedule Resolution xxxx Motion Prentice (recur) Admin Thurs, Nov 15 GCEDC LEAD Summit at Grant County Fairgrounds Post Notice of Quorum if more than 3 Tue, Nov 25 Presentation 6:30 PM Mayor City Manager Consent Old Business COML Council Packet 3-11-25, Page 170 of 172 Administrative planning document only. Today's Date:3/6/2025 All items are tentative and subject to constant change. Mar 25 due dates: Attorney 3/11, Director 3/17, City Manager 3/19. Std PH Notices for Apr 8 are due Mar 19. Date/Time Proceeding Agenda Subject Action Director LF Status City of Moses Lake Agenda Topics - 2025 #/ltr/pg New Bus 2025 Budget Amendment Ordinance xxxx Motion Prentice (recur) Admin Dec 01 MLMA Admin Email list for those seeking reappoinment for terms exp Mar 31 Due Jan 1 (recur) Adjust 2nd meeting in December items after meeting calendar is adopted at first meeting of year!! (recur) Tue, Dec 9 Presentation 6:30 PM Mayor Appoint x LTAC, x Parks, x Planning et al Motion City Manager (recur) ""Reappoint x LTAC, x Parks, x Planning et al Motion City Manager (recur) ""Appoint/Reappoint GTA Boardmember and Alternate Motion City Manager (recur) ""Council Member <name> Recognition Haglund Email saved in draft/recycle(recur) City Manager Plaque presentation of outgoing Mayor - if not re-elected (recur) Old Business New Business Admin Day, Mo dd and time Employee Breakfast Notice of Potential Quorum - Venue:(recur) Future Items not assigned a meeting date. Column1 Column2 3 4 Column5 Column6 Column7 Column8 Presentation Irrigation for Private Wells (purple pipe)9-18-24 related to new subdivisions and conflict with wellhead protection Spring '25 Presentation Mary Cunnington Recognition Proclamation Mayor Swartz and Former Mayor Liebrecht (Originally set for Sept, then moved to spring 10-23-24 Presentation Yonezawa-SR-17 Roundabout Construction Funding - Design Engineer Levi Bisnett Mayor Semi quincentennial Commemoration Proclamation Museum and Tourism Mayor Board and Commission New Appointment (LTAC HOTELIER)Motion Coutts Mayor Planning Commission Appointment Motion Ramsey Consent Amend STBG Grant for Yonezawa Round-a-bout <motion>Baltzell LR-LB Consent Moses Point Development Agreement (reservoir) Ord xxxx <motion>City Manager Old Bus Airport Commission Duties Resolution xxxx Motion Baltzell COML Council Packet 3-11-25, Page 171 of 172 Administrative planning document only. Today's Date:3/6/2025 All items are tentative and subject to constant change. Mar 25 due dates: Attorney 3/11, Director 3/17, City Manager 3/19. Std PH Notices for Apr 8 are due Mar 19. Date/Time Proceeding Agenda Subject Action Director LF Status City of Moses Lake Agenda Topics - 2025 #/ltr/pg Old Bus Multi Modal Trails Team and Plan Exhibit D (ref Res 3997 12-10-24) Old Bus Employee Handbook Update Resolution xxxx Motion Springer (recur) New Bus/Old Bus Airport Operations Manual Update 1st Pres/MotionBaltzell New Bus Airport Property Owner Access Agreement (Through the Fence)Motion Baltzell New Bus/Old Bus Building Permit Recovery Fund Ordinance 1st Pres/MotionRamsey New Bus Employee Unions Agreement Fire - CBUA IAFF Motion Springer New Bus Future Land Use Map Update (fr Study Session 6/11/24)Motion Ramsey (after Plan Comm) New Bus New Cingular Lease Amendment Motion Baltzell New Bus Write-off Uncollectible Accounts Authorization Ord or Res Motion Prentice COML Council Packet 3-11-25, Page 172 of 172