EPHRATA CITY COUNCIL  MAYOR BRUCE REIM MAYOR PRO-TEM WILLIAMCOE COUNCILNENIES. KATHLEEN ALLSTOT. AATTLEEIANKKR. SARAI MONNILLVALLIMILLRD. MATTMOORE. TONY MORA.  AGENDA FOR, JUNE 01, 2022 =  ZOOM- - TOPARTICIPATE BY PHONE DIAL 1-253-215-8782, follow prompts  City of Ephrata Meeting ID: 642-397-7833#  7:00P PM  REGULARSESSION 1. Called to Order 2. RollC Call 3. Pledge of Allegiance 4. Recording of] Meeting: YES 5. Additions or corrections to published Agenda 6. Presentations:  II  CONSENT AGENDA 1. Approval of Claim Fund Bills and Checks Issued 2. Approval of Council Minutes:  May 18, 2022- - Regular meeting May 25, 2022 - Special Meeting  3. Approval of Special Event Application:  Sage N Sun Parade - June 11,2022; 9:00 a.m. to 12:00 p.m.  III STAFF.COMMITTEE, & AGENCY REPORTS  BILLS: Coe, Moore, Harris    IV CLOSED RECORD DECISIONS IRCWCILPTERSI 6.  PUBI.E INAITNOTPERMITEDI  V  PUBLIC HEARINGS: Comprehensive Plan Land Use  1. Ordinance 22-08 Amending EMC 17.02 -] Procedures for Amendments to the 2. Ordinance 22-09 Amending EMC 19.04.060 - Transportation, Public and Utilities  VI ORDINANCES & RESOLUTIONS 1. Ordinance 22-08 Amending EMC 17.02 2. Ordinance 22-09 Amending EMC 19.04.060 3. Resolution 22-06 Surplus Property 4. Resolution 22-07 Sale of Surplus Property  VII ITEMS FOR COUNCIL CONSIDERATION  VIII ITEMS FOR COUNCIL, ACTION  1. Submission and Acceptance of 2021 Annual Financial Report 2. Approval of Final Plat for Sunwest Division #2 Phases 2&31 Major Plat  IX ADMINISTRATION REPORTS  1.1 Employee Appreciation BBQ - June 16th  2. Project updates  BILLS: Coe, Moare, Harris    CITY COUNCIL MINUTES  May 18, 2022  City Council of the City of Ephrata, Grant County Washington met in regular session on May 18, 2022. The meeting was called to order at 7:00 p.m. by Mayor Bruce This meeting is also available remotely by phone using the ZOOM call in number and Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council  Reim.  City meeting ID.  members Kathleen Allstot, Kathleen Harris, Sarah McDonnell, City Attorney Anna Franz, Public Works Director Bill Sangster, Community Development Director Dan Leavitt, Community Relations Director Traci Bennett, Fire ChiefJeremy Burns, Public Works Supervisor Christian Roeder, Deputy Clerk Carrie Lnenicka and City Clerk/Finance Director) Leslie Trachsler  Valli Millard, Matt Moore and Tony Mora  Staff Present:  Pledge of Allegiance was said. No public signed up to speak.  Agenda: There were no additions/correction to the agenda.  Presentations: None Motion carried.  Consent Agenda: Motion was made to approve consent agenda. (m/s Moore/Millard)  Items on the consent agenda are as follows:  Claims #94930 through #94933 in the amount of $2,826.89 Claims #94934 through #94993 in the amount of $729,410.82 Checks #86052022, 87052022, 88052022 and 89052022 in the amount of  $4,430.95  EFT in the amount of $27,137.99    Council meeting Minutes:  April 29-30, 2022 Council Retreat May 4, 2022 Regular Meeting May 10, 2022 Special Meeting May 12, 2022 Study Session May 13, 2022 Special Meeting Rotary Youth Parade - June 9, 2022 Set Public Hearing for. June 1,2022 at 7:00 p.m.:  Special Event Applications:  EMC 17.02 - Procedures for Amendments to the Comprehensive Plan EMC 19.04.060- - Transportation, Public and Utilities Land Uses  Ordinance 22-06 Vacating a Portion of Smith Avenue: Director Leavitt made a report too council following the public hearing on April 20, 2022 when council requested more information from staff regarding the City's obligation to provide access; has the City, in the past, already set aj precedence regarding easement vacation and value; what is the assessed value versus market value; and are there any other lots similar. Director Leavitt reported that a utility easement does exist and there is no. requirement to maintain that specific easement. The property values were not found outside of the range ofthe value of the adjacent property. The assessed value of the land adjacent to the Staff recommends Council should vacate the full 50' width of the unimproved portion of Smith Avenue and sell half to. Jose Valle at the cost of $3,250.25. The City will retain  proposed street vacation is $1.23/square foot.  ownership of the other half of the vacated portion of Smith Avenue.  Council discussion ensued. Mora/Allstot) Motion carried.  Motion to approve and accept Ordinance 22-06 vacating a portion of Smith Avenue (m/s Ordinance 22-07 Amend 2022 Budget: This ordinance will allow the City of Ephrata to add an additional full time employee to the Waste Water Treatment Facility in order to begin the process of obtaining the state required Group III operator's license which takes Motion to approve and accept Ordinance 22-07 amending the 2022 Budget (m/s  4 years to obtain.  Moore/Millard) Motion carried.  Resolution 22-05 Adopting City Administrator Job Description: Mayor Reim advised the Council the description was not ready for council action. No action taken. Report on Assessment of City Parks: Director Bennett reported to council that CIAW assessed the City's S parks on May 1,2022. Public Works Supervisor Christian Roeder accompanied the risk management team on all inspections and noted all action items.    Bennett and Roeder reported that deficiencies were noted in each of the City's parks but public works staff would be able to make the necessary corrections in most cases. The playground structure at Splashzone requires a new net; engineered wood fiber safety surface has been ordered as well as new signage for the skate park. Lion's Park will have Professional Services Agreement: Mayor Reim the City is not ready to move forward Accept donation from Ephrata Youth Assets: Director Bennett reported that the Ephrata Youth Assets donated $1000 to the City for the recreation scholarship fund. This fund provides opportunities for the youth toj participate in recreation programs and covers ap portion of the cost based on the family's household size and income. Motion to accept the $1,000 donation from Ephrata Youth Assets for recreation scholarship fund (m/s Alstot/McDonnell) Motion carried. Authorize Agreement with Public Safety Testing: Director Trachsler reported that Public Safety Testing provides written and physical testing for the City ofl Ephrata when hiring entry level Police Officers. The city has had success when using PST in the past and would like to continue. Current cost is $944 annually with a 4% price increase each Motion to authorize agreement with Public Safety Testing (m/s Harris/Millard) Motion  one swing set removed as well as one play structure.  with this agreement. No action taken.  year. The contract is open ended with a 60 day notice requirement.  carried.  City Administrator Report: None at this time.  There being no further business meeting adjourned at 7:24 p.m.  Bruce Reim, Mayor  ATTEST:  Carrie Lnenicka, Deputy City Clerk    CITY COUNCIL MINUTES SPECIALMEETING May 25, 2022  City Council of the City of Ephrata, Grant County Washington conducted a Special Meeting on May 25,2022. The meeting was called to order at 6:00 p.m. by This meeting is also available remotely by phone using the ZOOM call in number and Members Present: Mayor Bruce Reim, Council members Kathleen Allstot, Kathleen  Mayor Bruce Reim. City meeting ID.  Harris, Sarah McDonnell, Valli Millard, and Matt Moore (joined at  6:03)  Remote Via ZOOM: Tony Mora (dropped off at 6:07)  Staff Present:  City Attorney Anna Franz, and City Clerk/Finance Director Leslie  Trachsler  Professional Services Contract: With the resignation of Community Development Director, this agreement would provide interim planning and community development services needed to address the current open projects and any new ones that come in until ar replacement is hired. Most of the development projects that come across the planners SCJ Alliance provided al list of references which includes the Cities of Quincy, Moses Lake; Medical Lake, Mattawa and Warden. Legal counsel has worked with SCJ Alliance and a fair number of these cities are their clients and all have been satisfied with their Legal counsel reviewed the agreement and made a few minor changes to reflect the Motion to authorize Administration to execute amended Agreement for Professional Services with SCJ Alliance for Planning and Community Development Services. (m/s  desk have certain time constraints that the City has to comply with.  work.  negotiated language they have with their other clients.  Millard/Moore) Motion carried.    City Administrator Job Description: The job description has been reviewed by legal counsel. Discussion regarding the formation of the essential duties which would represent those items that the Mayor will evaluate and all the current legal language has been added. Discussion regarding the offering of moving/relocation expenses. Motion to approve Resolution 22-05 Adopting Job Description for City Administrator Position. (m/s Alstot/McDonnell) Council discussion, motion carried. There being no further business meeting adjourned at 6:19 p.m.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk    recelved 5a  SPECIAL EVENT PERMIT APPLICATION  City of Ephrata 121 Alder Street SW Ephrata, WA 98823 (509) 754-4601 ph (509) 754-0912 fax  PERMIT APPROVED:  YES Date:  NO  Authorized City Signature:  1. Name ofl Event: Sage N Sun Parade  Date(s) of Event: June 11, 2022  2. Setup Start Time/Date: 9 am. June 11, 2022 Event Start' Time:11 am 4. Sponsoring Organization: Ephrata Chamber of Commerce 5. Event Coordinator/Primary Contact: Rita Witte 6. Malling Address: P.O. Box 275, Ephrata 7. Day Phone: 509-750-6183 8. Emait: ephratawachamber@gmail.com 9. Secondary Contact: Susy Anderson 10. Is alcohol belng served?  3. Event End" Time: 12 pm June 11, 2022 Clean Up End Time/Date: 12 pm June 11, 2022  Cell Phone: 509-750-6183 Fax: Phone:508-398-1812  YES XO IFYES include a copy of the State Liquor Permit.  11. Do youv wish to utilize any City property, such as a park? YESXXNO IfYES, which one(s)? please see fact sheet attached 12. Will this eventi include Food Vendors of any type? of vendors is required to be submitted with the application. 13. Anticipated number of attendees? 2000+  YES NOXX.  lfy yes, all vendors musta apply for a Temporary Food Service Permlt with the County Health District. Alist  THE PRIMARY CONTACT MUSTI LISTAD DAY OF EVENT PHONE NUMBER IF NOT! LISTED ABOVE.  FOR OFFICE USE ONLY: Park & Rec. Community Development Fire  Code Enforcement Police Public WorkG  STAFF- INITIAL AND DATE UPON APPROVAL OR ATTACH MEMORANDUM WITH CONDITIONS.  PAYMENT AMOUNT: RECEIVED BY:  CASH CC CHECK: # DATE:  7    INDEMNIFICATION/ HOLD HARMLESS AGREEMENT IN CONSIDERATION OF BEING PERMITTED TO PRODUCE THIS SPECIAL EVENT OR ACTIVITY OR USE OF ANY CITY PROPERTY OR FACILITIES IN CONNECTION WITH THIS ACTMITY,THE UNDERSIGNED APPLICANT "INDEMNITOR AGREES TO THE FOLLOWING: 1.THE INDEMNITOR HEREBY AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS the City of Ephrata from any and all liability, claims, demands, causes of action, charges, expenses, and attorney fees (Including attorney fees to establish the City's right to indemnity or incurred on appeal) resulting from involvement int this event whether caused by any negligent act or omission of the City or otherwise. This agreement sha!l not apply to any liability resulting from the sole negligence oft the City. 2. The INDEMNITOR agrees to reimburse the City for any loss, theft of, or damage to City property, 3.Thel INDEMNITOR agrees to comply with all applicable laws, statutes, ordinances, rules and requirements including, but not limited to, not admitting more attendees than designated by Fire 4. The INDEMNITOR expressly agrees that this release and hold harmless agreement is intended to be as broad and Inclusive as permitted by Washington law and1 that if any portion thereof Is held Invalid, 5. Falsification and/or misrepresentation in completing this application may result in rate adjustment or event cancellation. UNDERSTAND THAT CHANGES TO THE ABOVE DETAILED PROGRAM the undersigned representative, have read the Special Events Application and the Pollçles and Procedures contained herein, and I am duly authorized by the event organzationbusiness to submit  equipment and/or facllities.  Department as safe for the particular event or facility.  notwithstanding, the balance shall continue ini full legal force and effect.  REQUIRE IMMEDIATE NOTIFICATION TO CITY.  this application on its behalf. The information herein Is complete and accurate.  APPLICANT: aDHe  TphaOrsas, Comwers  PRINTI NAME  AUTHORIZED,AGENT  un 5-17-32 DATE  SIGNATURE OF memtd-nItw  SIGN NAME  APPROVAL, DENIAL OR INCLUSION OF RESTRICTIONS OR SPECIAL CONDITIONS OF USE PERMIT IS AT THE SOLE DISCRETION OF THE CITY PURSUANT TO EMC 05.10. All applications Submit completed original appliçation, along with required attachments to:  must be reviewed and approved before a permit can be issued.  OFFICE OF THE CITY ADMINISTRATOR  CITY OF EPHRATA 121 ALDER: ST. SW EPHRATA, WA 98823  8    July 11, 2022 Sage NS Sun Parade  Fact Sheet for Ephrata Chamber of Commerce Sage-N-Sun Parade 9:00 am Parade committee set up at Ephrata High School on Frey Rd./4"h  9:30-10:30 Paradel line upa at High School 10:30 Judging for parade begins 11:45 am End of parade  11 Start of Parade with the route beginning at High School: south on Basin St. and north on CSt. **For closure of Basin St. at1 11 am to: 11:45 or before we will need barricades beginning at 4th ati the High School and 4"ha and Basin St., 3rd Ave SW and CSt. from 3r back tol High School We arei asking our local merchants to participate by having: sidewalk sales and food as well.  Contacts: Rita Witte Susy Anderson Kelsey Gribble  750-6183  398-1812 parade coordinator 398-6504 Sole Performance    Washington Statel Liquor and Cannabis Board SPECIAL OCCASION LICENSE  Olympia, Washington  License Number: 363196  Ins accordance with and subject to thej provisions oft the Washington State Liquor Control Act and the rules and regulations of the' Washington State Liquor and Cannabis Board:  EPHRATE CHAMBER OF COMMERCE  C/O: RITA WITTE 1121 BASIN ST SW EPHRATA, WA 98823  isl hereby liçensed to sell, beer, wine, and spirituous liquor to be consumed on site only at the OUTDOORS-INTERSECTION OF DIVISION. AND CST, EPHRATA  location, date(s), and time(s) listed below:  JUNE 10, 2022 JUNE 11,2022  5:00PM-11:00PM 12:05PM-11:0OPM  No one under the age of21 may buy, consume, or possess alcohol at any time. The operation oft the beer garden must bei in compliance with the local authority rules and No one under the age of21 may enter the enclosed area where alcohol is being served. Per RCW 66.28.090, the licensed premises shall, at all times, be open to any enforcement officer, If you! have any questions, please contact Customer Service at (360)664-1600, email: PCICBONALbVAPN or your Enforcement Officer at (509)625-5513. Dated in Olympia, Washington on Thursday, May 12,2022.  regulations.  inspector, or peace officer.  DavidPostman Board Chair  UQ906 4/2019    DATE: May 16, 2022  To: EDC Officers, Directors & Ex-Officio Directors FROM: Brant Mayo, Executive Director VISION: Economic Prosperity & Quality Growth improving quality of life  MISSION: To work for the continued orderly growth of the Grant County economy  Grant County while Econonk DevelopmensCound  BOARD OF DIRECTORS MEETING  7:00 AMWED. MAY 18TH, 20221 IBBCCHARDINI ROOM/VIRTUAL  BOARD MEETING AGENDA  1) Welcome & Call meeting to Order. 2) Approve April 2022 Board Meeting Minutes.. 3) Review April 2022 Financial Reports 4) Report on EDC Activities 5) Unfinished (Old) Business  .Louis Szablya .Dale Pomeroy Juliann Dodds Brant Mayo/Staff Brant Mayo  a. SBDC Update b. Capital Campaign  6) New Business  7) Board Member Round Table.  Board Members .Louis Szablya  8) Adjourn.  2021 FUTURE EDCI MEETINGS & EVENTS  Board of Directors  June 15, 2022  7:00. AM BBCC/Virtual  6594 PATTON BOULEVARDN NE I MOSESLAKE, WA 988371 PoBPISS    Board of Directors Meeting Minutes  April 20,2022  Meeting called to order: 7:02 am by! Louis Szablya  Directors Present: Gregg Fletcher, Lisal Karstetter, Brian Meiners, Scott Freidig, TerryLeas, Juliann Dodds, Dale Pomeroy, Marvinl Price, Juanita Richards, Katherine Ryf, Cashl Brown, Eric Skaug, Jiml McCullough, Sarah McDonnell, Matt Moore, Don Kersey, Larsl Leland, Peggy Nevsimal, Curt Morris, Dr. Sara Thompson Tweedy, Louis Szablya, Rob. Jones  Directors Absent:! None Ex-Officiol DirectorPresemt.None Ex-Officiol DIEOPABHHEMIRFeN  StaffPresent:Brant Mayo, Allan Peterson, Rachelle Lange, Rebecca. Jones GuestPresemt:leAnne Parton, Rachelle Haven, Susan! Mann, CharlesFeatherstone Board! Meeting Minutes for March 2022:Matthew Mooremotioned' to approve the March minutes FinancialReport for March 2022:Juliann Dodds presented thei financial statements. Just some timing issues with membership dues higher at this time, and CHIp payment not distributed yet.  and D:Sanalhompsonfweeu, seconded; ther motion passed.  Convergent (Propriety Campaign):  Convergentwas to present, after ourr researchforaconsurant to help, Andy has ar menu of Executive team brought ups some veryi important topics that we needi to discuss, sot the  options foru us that the team wants to discuss further. team will reconvenet to go overo our different options.  Reporton! EDC Activities: Brant: Recruitment:  3new projects from the state this week.  Project Zion,! Project' Y2K, Project Riser, Project Group14 all very active stil. SIP Committee applications forsecondquarter weredue, most projectswells seei in the fourthquarter due to needing them to! bei in comp plans with their respective city or the Question askedi to group: How much or how often are we as the EDC recruiting new business other than what comest to us inquiring? Percentage maybe or number. Notat toni right now, the number comingt to us is fromt the state, and whati is currently active, along with the requestsin the queuei fort thel PUD, has kept the  county.  office, and community veryt busy.    Louis wasa able to speak to the queue andi what the PUD is analyzing. Regarding the queue, the mosti the PUDI has supportis 950 megawatts, they arel looking: ata atotal Follow up question: Doy youe expectt this to balance out! between requests andi recruiting as Alittle moretargeted over certain sectors and whati is coming to the area. Reconcoming upi next month, with meetings getting setf fort that. Thet team plans to walk the showagain, as this wassuccessfulforo our themy when making connectionst this past  of1700 megawatts with all requestsi in the queue. moreopportunties become available sucha as trade showsetc.?  December. Rachelle: BRE:  Brant andl Rachelle had a chance to visit Torkliftin Royal City:  35-40 employees right nowa and looking to ramp up overt the yeart to 100- 140. Thereare somev workforceneedst theyr needl help addressing, andi with being newi tot the area, wel had a chance to connectthem with bothCB Tech and BBCC,spending half day visiting both institutions. Stokes Space: Visited with their team, learnedmoreabout what they are doing, and McKay: Visit with Erica and discussed1 the needs they have, wherethey area at financially, andl how wecould support them and their needs.  howt they are quickly growing. Wage andl Benefits survey coming soon! Trade missioninh Hongkongcontinues. Severals startups still and on-going clients.  Allan:  Allan has transitioned intol his newr rolea as1 thei international trade advisor but continues to take on double duty at this time. MSUEoAngonmemeng someonesoon. Hemp Catereeh.mayféenuayn Moslale.morembomalon to come! BoardMeetings: the plani is to meet in personnext month, with avirtual option. We willl be  New Business:  suret to update folks as to location and any othernecessarydetalis.  Board Member Round' Table:  Matt Moore: inflation pressureremains.  Gregg! Fletcher: ther radiation oncologybulding design is nearlycomplete. We are currently targeted to break ground in August with a 12r month build time. Wea are struggling to Juanita Richards: interestrates arei increasing (closeto 5%), but demand remains high. Dr.Saral Tergaileerpangarat Quarter 2022. Enrollment has takena al hit, the concernis having as skilled workforce, especially forther many businesses coming toi the area. Parto ofthe solution is to work1 together with localo communities and businesses. Bring specific programst to the employersin their workplacetoa address their needs. LeAnne Parton: Cellrbrationcoming: upl beginning of May! Cellarlbrationgoes towards DonKersey: The Airshowi is June 161,17", and 18+h. Tickets are available online right now. Stokehas an additional 6acres, making it 23 acrestotal. NASAhas been out this past  confimsulconracborsaue to our vaccine requirement.  scholarships.    month, Boeing continues toi inquire, andi the start of yearly commissioner visits to port Brian Meiners: Columbia Basini is lookingg goodforg growing season, but Idaho has concern Katherine Ryf:Governor! Insleet to visit rattle snake hills; clean energy project. Sarahl McDonnel!: Thei insurance industry continues to be difficult to navigate acrosst the country, withrating increases and pressurein parto due toi inflation.  attends begin.  with water due tol low snowpack.  Adjourn: 7:50am meeting adjourned byl Louis Szablya  X Louis Szablya President  X Dale Pomeroy Secretary    (11 board members members must bep present to make a quorum)  Board ofl Directors/Private Gregg Fletcher Lisa Karstetter Brian Meiners Scott Freidig Terry Leas Juliann Dodds Dale Pomeroy Marvin Price Juanita Richards Katherinel Ryf Cash Brown Eric Skaug Jim McCullough Sarah McDonnell Matt Moore Board of Directors/Public Don Kersey Lars Leland Peggy Nevsimal Curt Morris Dr. Sara Thompson Tweedy Louis Szablya Rob. Jones EDC Staff Brant Mayo Allan Peterson Rachellel Lange Rebecca Jones  16-Feb-22 16-Mar-2220-Apr-22 18-May-22 Total  1 1 1 1  2 3 3 3 2 3 3 2 3 3 2 3 3  1 1  1  1 1  1 1  1 -  3 2  (5e exeçutive committeer members must be present to make a quorum)  Executive Committee Louis Szablya Gregg Fletcher Juliann Dodds Dale Pomeroy Lars Leland Dr. Sara Thompson Tweedy Katherinel Ryf EDC Staff Brant Mayo Allan Peterson Rachelle Lange Rebecca Jones  9-Mar-22 13-Apr-22 11-May-22 8-Jun-22 Total  1 1 1 1 1 1 1 1 1  3 3 2 3 3 3 3 3 3 3 2  1 1 1 1 1    Our Mission..Tol bring continued, orderly growth to Grant Our Vision.Tol bet the number one resource for business  Grant County Economicl Development Council  County andj promote quality ofl life  development  Director's Report April 11, 20221 to May 6, 2022  Existing Business Development Trade Mission Update Legislative Work 25 Visits in 2022  Visit with Current Company Regarding Expansion  Business Recruitment and Attraction  Project Zion - Manufacturing - Site visits. Close to decision. Looking in Quincy area Project Grapevine- Agriculture - Had site visit in Grant County, continuing to visit Project Y2K- Clean Tech -Approached by Site Selector regarding specific area-continuing follow up with sites selector, site visit early October another in January Project Diamond- Production Facility - located site in Grant County-on hold Project High Bar- Manufacturing, 2 site visits, on-going calls Project Riser- Clean Tech - Site visit, several meetings, continued dialog/meetings/cals Project Vision - Clean Tech - Call with Dept of Comm Project SoRna - Clean Energy Transportation Project Singularity - Clean Precision Machining Co. Calls with Solar Developers Project Sunshinel II - Clean Tech, RFP Project Earth - Clean Tech, RFP  Praject Bravo- Distlbutin/Warehousng RFP - Setting up Site' Visit Project Symbiosis - Ag-Food Processing- Continued Discussion with State Project Catch- Manufacturing- Call with Company, Setting up Site' Visit Project Epsilon- Clean Tech, Submitted Site to Commerce Project 67- Manufacturing, Site Selector wanted additional information on a site Project Kemp-Data Center- Submitting sites to Commerce Project X- Recycling, Submitting sites to Commerce  Project Dabasamhsirg0atban Site Selector currently engaged with specific  site  Project 14- Clean Tech, several visits Workforce Development Workforce Alliance Meeting  65941 PATTON BOULEVARD NEI |MOSESLAKE, WA 988371PHONE: 97448539/FA.071530    Our Mission..Tol bring continued, orderly growth to Grant Our Vislon..To bet the number one resource for business  Grant County Economicl Development Coundil Wage & Benefit Survey is OUT Toured Torklift thru CB TECH and WEC (BBCC) Infrastructure Development Calls with PUD on current Projects SIP Committee Communication and Investor Development Department of Comm - Visit with Staff Assoc Grant Co Homebuilders Visit with Ports CERB Call Calls with Real Estatel Developers BAH at Port of Quincy CBH Visit Grant Co PUD Commissioner's Presentation Grant Co PUD' Visit Coldwell Banker Presentation SBDC Spring Meeting ADO Data Collection' Webinar and Calls International Trade Call StaffTraining WSBDC Weekly Calls Software Demos CRM Training WEDA Weekly Calls and Legislative Call Several CHI Calls and Meeting Kiwanis Meeting Capital Campaign Work Grant Col Industrial Alliance Grant County Health District Call Retail and Services Development SBDC1on1N Meetings ReCon 2022, May 22-24 Prep  County and promote quality of life  development  Toured Port of Ephrata- w/ Sen Murry Office & Rep Dent  6594PATTON BOULEVARD NE MosEs! LAKE, WA 98837/PHONE: 59.7445791FA450789161    DATE: June 01, 2022 ITEM: Public Hearing  SUMMARY  1. Ordinance 22-08 - Amend EMC Chapter 17.02 repealing entire chapter and adopting a new Chapter 17.02 titled" "AMENDMENTS TOTHE COMPREHENSIVE PLAN ANDI DEVELOPMENT REGULATIONS" 2. Ordinance 22-09 - Amend EMC 19.04.060 titled TRANSPORTATION,  PUBLIC AND UTILITIES LAND USES"  BUDGETIMPACTS  1. N/A 2. N/A    ORDINANCE NO. 22-08  AN ORDINANCE OF THE CITY OF EPHRATA, WASHINGTON, REPEALING THE CURRENT CHAPTER 17.02 OF THE EPHRATA MUNICIPAL CODE TITLED COMPREHENSIVE PLAN" AND ADOPTING A NEW CHAPTER 17.02 TITLED "AMENDMENTS TO THE COMPREHENSIVE PLAN AND DEVELOPMENT  PROCEDURES  FOR  AMENDMENTS  TO  REGULATIONS  THE CITY COUNCIL OF THE OF THE CITY OF EPHRATA DOES ORDAIN AS Section 1. Repeal and Amendment. Ephrata Municipal Code Chapter 17.02 titled "Procedures for Amendments to Comprehensive Plan" ist repealed in its entirety and a new Chapter 17.02 titled "Amendments to the Comprehensive Plan and Development Regulations" is adopted  FOLLOWS:  as follows:  Chapter 17.02 REGULATIONS  AMENDMENTS TO THE COMPREHENSIVE PLAN AND DEVELOPMENT  Sections:  17.02.010 Purpose and types of amendments.  17.02.020 Administration oflegislative amendments to development regulations. 17.02.030 Procedure for amendments to development regulations. 17.02.040 Submission of applications for amendments to development regulations (who may  submit and when).  17.02.050 Requirements for a complete application. 17.02.060 SEPA compliance and transmittal to state. 17.02.070 Public notice. 17.02.080 Planning commission public hearing. 17.02.090 City council action. 17.02.100 Final decision, transmittal to state and appeals. 17.02.120 Administration of annual comprehensive plan amendments. 17.02.130 Submission of applications (who may submit and when). 17.02.160 Planning commission hearing on preliminary docket. 17.02.170 City council decision - Adoption of final docket.  17.02.140 Preliminary docket.  17.02.150 Optional city council/planning commission workshop on preliminary docket.  17.02.180 Final docket - Contents. 17.02.190 Effect of final docket.    17.02.200 SEPA on final docket. 17.02.230 City council action.  17.02.210 Planning commission public hearing on final docket. 17.02.220 Evaluation criteria for proposed amendments. 17.02.240 Final decision, transmittal to state and appeals.  17.02.250 Planning commission periodic assessment - Recommendations on amendments.  17.02.010 Purpose and types of amendments.  A. Purpose. The purpose of this chapter is to establish procedures for amendment of the city's comprehensive plan map or text and the development regulations. In addition, this chapter will describe the city's public participation process, which is intended to solicit comments and suggested amendments to the city's comprehensive plan and development regulations for consideration. B. Comprehensive Land Use Plan and Development Regulations. The comprehensive land use plan is defined as the generalized, coordinated land use policy statement of the city, and the accompanying map, adopted under the Growth Management Act (Chapter 36.70A RCW). The development regulations are the controls placed on development or land use activities by the city, including, but not limited to, the city'scodes on zoning, critical areas, official controls, planned unit developments, C.T Types of Amendments. The applications that will be processed under this chapter as legislative amendments are comprehensive plan amendments to the comprehensive plan map or policies and development regulation amendments (to the text of the development regulations) which do not implement the existing  subdivisions, and binding site plans.  comprehensive plan.  17.02.020 Administration of legislative amendments to development regulations.  The Community Development Director is authorized to administer the provisions of this chapter. The planning commission shall have the authority to hold the public hearing on any proposed legislative amendments to the development regulations, and to provide a recommendation to the city council. The city council shall consider the planning commission's recommendation during a public meeting or a public hearing  and shall make a final decision.  17.02.030 Procedure for amendments to development regulations.  The following steps shall be followed in the pocesingofapplicaions for amendments A. EMC 17.02.050: director's determination that the application is complete;  too development regulations:  B. EMC 17.02.060: SEPA and Chapter 20.04 EMC;  Ordinance No. 22-08  2    C.E EMC 17.02.070: notice of public hearing;  D. EMC 17.02.210: public hearing before the planning commission; E.E EMC 17.02.230: city council considers application; F. EMC 17.02.240: final decision, transmittal to state;  G.E EMC 17.02.240: appeal to Growth Management Hearings Board (ifa any).  17.02.040 Submission of applications for amendments to development regulations (who may  submit and when).  A. Who May Submit Applications. Any interested person, including citizens, hearing examiners, staff of other agencies, planningcommission, and city council members, may submit an application for an amendment of a development regulation. B. When Applications May Be Submitted. The text oft the city's adopted development regulations may be amended at any time; provided, that the amendment is consistent with the cily'scomprehensive plan and land use map. When inconsistent with the comprehensive plan and land use map, the amendment shall be processed concurrent with any necessary plan amendments using the process and timelines for comprehensive plan amendments in EMC 17.02.120 through 17.02.240. Applications that do not include the information required in EMC 17.02.050 shall  not be processed.  17.02.050 Requirements for a complete application.  The Community Development Director shall determine whether an application is complete. A complete application for an amendment to a development regulation shall  consist of the following materials: A. An application form provided by the city;  B. Name, address, phone number, and email of the applicant and, if the applicant is not the property Owner, proof of the property owner's consent to the submission of C.N Name, address, phone number and email of the owner of the property identified in  the application;  the application (if applicable);  D. A legal description of the property, if applicable;  E. A description of the proposed amendment and any associated development proposals, if applicable. Formal site-specific or project-related amendments shall include plans, information and/or studies that accurately depict existing and  Ordinance No. 22-08    proposed use(s) and improvements. Proposed site-specific or project related amendments that do not specify proposed use(s) and potential impacts will be assumed to have maximum impact to the environment, public facilities, and F. Proposed amendatory language, preferably shown in "bill" format (i.e., new language underlined; language proposed for deletion in strikeouts); G.Ane explanation of the rationale for the proposed amendment;  services;  H. An explanation of how the proposed amendment and associated development proposal(s), if any, conform to, conflict with, or relate to the criteria set forth in Ad completed SEPA checklist including the supplement sheet for nonproject actions J. Application fee as set forth in the city's resolution adopted for this purpose; and K. Any additional information reasonably deemed necessary by the Community  EMC 17.02.220; (ifa applicable);  Development Director to evaluate the proposed amendment.  17.02.060 SEPA compliance and transmittal to state.  Ifan application for an amendment to the development regulations is submitted outside of the annual comprehensive plan amendment process, SEPA shall be performed on the application as set forth in Chapter 20.04 EMC. If applicable, the city shall notify the State Department of Commerce ofi its intent to adopt the proposed amendment(s)to  the development regulations at least 60 days prior to final adoption.  17.02.070 Public notice.  A. Notice of any public hearing on an application for an amendment to a development regulation submitted outside of the annual comprehensive plan amendment process set forth in EMC 17.02.120 through 17.02.240 shall be given by one publication in the official newspaper of the city at least 10 days prior to the date of the hearing and by posting a copy of the notice of public hearing in City Hall and on the city's  website.  B. For site-specific proposals, the subject property shall be posted.  C. Additional notice may be required by state or local law (e.g., statutory notice requirements for amendments to the shoreline master program), or additional notice  may be provided as deemed appropriate by the director. D. The public notice shall include the following:  Ordinance No. 22-08    1. The purpose(s) of the amendment;  2. The deadline for submitting comments on the amendment; commission but no additional notices need be published.  3. A tentative hearing schedule; continued hearings may be held by the planning  17.02.080 Planning commission public hearing.  The planning commission shall hold a public hearing on an application for an amendment to a development regulation and shall make a recommendation to the city council, using the criteria set forth in EMC 17.02.220, as applicable. There is no limit on the number of public hearings or continuation of public hearings that the  commission (or city council) may hold on a proposed amendment.  17.02.090 City council action.  The city council shall considert the proposed amendment to the development regulations and the planning commission's recommendation. The city council shall also apply the criteria set forth in EMC 17.02.220, as applicable, in order to make ai final decision. A. Ifthe city council concludes that no change in the recommendation of the planning commission is necessary, the city council may make a final determination on the proposed amendment(s) without holding another public hearing and make a final B. Ifthe city council concludes that a change in the recommendation of the planning commission is necessary, the city council shall consider whether another opportunity for public review and comment is needed under RCW 36.70A.035(2)0a) and, if sO, it shall hold another public hearing before making a  decision.  final decision.  17.02.100 Final decision, transmittal to state and appeals.  Ift the city council decides not to adopt the proposed amendment to the development regulations, it shall pass a resolution with the associated findings and conclusions to support its decision. Ifthe city council decides to adopt the proposed amendment to the development regulations, it shall adopt an ordinance with the associated findings and conclusions to support its decision. A copy of the ordinance codified in this chapter shall be sent to the State Department of Commerce within 10 days after final adoption.  17.02.120 Administration of annual comprehensive plan amendments.  Ordinance No. 22-08    A. Legislative Amendments to the Comprehensive Plan. The Community Development Director is authorized to administer the provisions of this chapter. The planning commission shall have the authority tol hold the public hearing on any proposed comprehensive plan amendment(s), and toj provide a recommendation to the city council. The city council shall consider the planning commission's recommendation during a public meeting or a public hearing and make a final B. Development Agreement. A legislative amendment to the comprehensive plan that iss site-specific may be approved subject to the execution, delivery, and recording ofa development agreement between the city council and the property owner ofthe subject property (or the legal owner of al beneficial interest in the subject property). The development agreement may impose conditions to address the criteria set forth in EMC 17.02.220, and approval of the comprehensive plan amendment shall be conditioned upon performance or compliance with the terms and conditions of the development agreement. The city may revoke (or take other action allowed by law) ac comprehensive plan amendment executed with a development agreement for failure to comply with the development agreement. An applicant proposing a comprehensive plan amendment with a development agreement shall submit the proposed development agreement with the application materials described in EMC 17.02.050. The city will evaluate the proposed development agreement together with the proposed comprehensive plan amendment to determine whether the  decision.  amendment should be approved.  17.02.130 Submission of applications (who may submit and when).  A. Who May Submit Applications for Amendments Related to Site-Specific Development Proposals. Proponents of land development projects and/or property owner(s) or their authorized representative(s) may file an application for an amendment to the comprehensive plan relating to a site-specific proposal. The complete application shall consist of the materials described in EMC 17.02.050. The application filing fee as set forth in the city's fee resolution shall accompany the application, which shall also require the applicant to pay for the applicant's B. Whol May Suggest Amendments. Anyinterested person, including citizens, hearing examiners, staffofother agencies, planning commission, and city council members, may suggest an amendment to the comprehensive plan. Generally, suggested amendments should be limited toj proposals that broadly apply to the goals, policies, and implementation strategies of the comprehensive plan rather than amendments designed to address site-specific issues of limited applicability. If an application is not submitted for the suggested amendment by an interested person, the Community Development Director shall include the suggested amendment on a preliminary docket that is maintained each year for this purpose. The process described in EMC 17.02.160 through 17.02.170 shall resolve the question whether such suggested amendments will be considered during the annual review process.  portion of the SEPA review attributable to the application.  Ordinance No. 22-08    C.A Amendments Considered Once a Year. Applications for amendments to the city's comprehensive plan may not be considered more frequently than once every year, except: (I)under the circumstances: described in RCW,6IDAIOKOOwA (v); (2) when needed to resolve an emergency condition or situation that involves public health, safety, or welfare, and when adherence to the amendment process set forth in this chapter would be detrimental to the public health, safety, and welfare. Situations involving official legal or administrative action affecting the city will be reviewed by the city council with advice from the city attorney to determine whether an emergency exists warranting an emergency comprehensive plan amendment. Except as otherwise provided in RCW 36.70A.130(2)a), all comprehensive plan amendments shall be considered concurrently sO that the D. Deadline for Application Submittal. All applications for comprehensive plan amendments shall be submitted to the Community Development Director by October Ist of the current calendar year (or be included in the Community Development Director's docket of suggested amendments by this date) in order to be considered during the following year's amendment process; except that city- sponsored proposals to amend the capital facilities element of the comprehensive plan may be accepted later than other proposed amendments because of their relationship to the city's annual budget process. Applications that do not include the information required under EMC 17.02.050 for a complete application, or which are not received by the deadline set forth in this subsection, shall not be  cumulative effect of the various proposals may be ascertained.  processed.  17.02.140 Preliminary docket.  A. Contents. A preliminary docket shall be maintained by the Community 1. All applications submitted before the October Ist deadline to amend the 2. All amendments suggested during the year by citizens, the planning commission, city council, staff, departments or other agencies. B. Community Development Director Responsibilities. After compiling the preliminary docket, the Community Development Director shall review the suggested amendments and prepare a report concerning which suggested amendments the Community Development Director believes should be placed on the final docket for consideration during the annual amendment process. In addition to addressing the need, urgency, and appropriateness of each suggested amendment, the staff report shall include, but not be limited to, a consideration of  Development Director, which shall consist of the following:  comprehensive plan;  the following:  Ordinance No. 22-08  7    1. The availability of sufficient planning staff to substantively review the suggested amendments and manage the public review process with available 2. Anticipated planning costs and budget for processing the suggested  staff; and amendments.  17.02.150 Optional city council/planning commission workshop on preliminary docket.  The city council and planning commission may, but are not required to, hold a noticed joint workshop meeting to gather information regarding the items on the preliminary docket and the Community Development Director's report and recommendation. If held, notice of the joint workshop meeting shall be given by publication in the city's official newspaper at least one time 10 days prior to the date of the meeting and by posting a copy of the meeting notice at City Hall and the city's website, which shall  include a statement of the purpose oft the joint workshop.  17.02.160 Planning commission hearing on preliminary docket.  The planning commission shall hold a noticed public hearing to accept public comment regarding the suggested amendments on the preliminary docket. Following the hearing, the planning commission shall prepare a report and recommendation identifying those suggested amendments that it is recommending for consideration by the city council during the annual amendment process. The planning commission's recommendation shall be based upon the perceived need, urgency, and appropiatenesofeach: suggested amendment. The planning commission' s report and recommendation shall also include those proposed amendments resulting from its periodic assessment set forth in EMC 17.02.250, as applicable. Notice of the planning commission's hearing shall be given  as set forth in EMC 17.02.070.  17.02.170 City council decision - Adoption of final docket.  The city council shall review and consider the planning commission's report and recommended final docket. The city council may adopt the planning commission's recommended final docket without a public hearing; however, in the event that a majority of the city council decides to add or subtract suggested amendments, it shall  first hold aj public hearing, noticed as set forth in EMC 17.02.070.  17.02.180 Final docket - Contents.  The final docket adopted by the city council shall include the following:  A. All applications for comprehensive plan amendments for site-specific amendments  timely submitted under EMC 17.02.130; and  Ordinance No. 22-08    B. Any proposals for suggested amendments which the city council elects to consider  during the annual amendment process.  17.02.190 Effect of final docket.  The city council's decision to adopt the final docket does not constitute a decision or recommendation that the substance of any site-specific amendment or suggested amendment be adopted. No additional amendment proposals shall be considered by the city after adoption of the final docket for that year, except for those identified in EMC  17.02.130(C).  17.02.200 SEPA on final docket.  The final docket as adopted by the city council shall first be reviewed and assessed by the Community Development Director, who shall prepare a staff report and recommendation on each proposed amendment. The Community Development Director shall also be responsible for conducting SEPA review of all items on the final docket, as required by Chapter 20.04 EMC. As appropriate, the Community Development Director shall solicit comments regarding the proposed amendments from the public and/or government agencies. The Community Development Director shall also be responsible for providing notice and opportunity for public comment as deemed appropriate, given the nature of the proposed amendments and consistent with RCW 36.70A.140 and SEPA (Chapter 43.21C RCW and Chapter 197-11 WAC). Issuance of the SEPA threshold decision on the proposed comprehensive plan amendments shall be coordinated such that if an appeal of the SEPA threshold decision  isf filed, the appeal shall be heard by the city council.  17.02.210 Planning commission public hearing on final docket.  A. All proposed amendments on the final docket shall be reviewed and assessed by the planning commission, which shall make a recommendation to the city council B. After the public hearing(s), the planning commission shall develop findings and conclusions to support its recommendation to the city council that the proposed amendment(s) be denied, approved, or approved with conditions or modifications.  after holding at least one public hearing.  17.02.220 Evaluation criteria for proposed amendments.  The planning commission shall review the proposed amendments to the comprehensive plan and development regulations under the following criteria to develop findings and A. All Amendments. All of the comprehensive plan amendments shall be reviewed  conclusions to support a recommendation: under the following criteria:  Ordinance No. 22-08    1. Whether the proposed amendment(s) conform to the Growth Management Act 2. Whether the proposed amendment(s) are consistent with and implement the city's comprehensive plan, including the goals, policies, and implementation 3. Whether circumstances related to the proposed amendment(s) and/or the area in which it is located have substantially changed since the adoption oft the city's 4. Whether the assumptions upon which the city's comprehensive plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments of the city's 5. Whether the proposed amendment(s) will bei in the interest of furtherance of the public health, safety, comfort, convenience, and general welfare. B. Amendments for Site-Specific Proposals. In addition to the above, any proposal for as site-specific development or amendment shall be reviewed under the following 1. Whether the proposed site-specific amendment(s) meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services (e.g., police, fire and emergency medical services, parks, fire flow, and general governmental 2. Any proposed site-specific amendment(s), will not result in probable significant adverse impacts to the city's transportation network, capital facilities, utilities, parks and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities; 3. Int the case of a site-specific amendment(s) to the comprehensive plan's land use map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including, but not limited to, the following: (a) access; (b) provision of utilities; and (c) compatibility with existing and planned surrounding land uses; 4. The proposed site-specific amendment(s) will not create pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the city asa  (Chapter 36.70A RCW);  strategies of the various elements of the plan;  comprehensive plan;  comprehensive plan; and  criteria:  services);  whole;  Ordinance No. 22-08  10    5. The proposed site-specific amendment(s) does not materially affect the land use and population growth projections that are the bases oft the comprehensive plan; 6. Ifwithin an incorporated urban growth area (UGA), the proposed site-specific amendment(s) does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA; 7. The proposed amendment(s) is consistent with any applicable county-wide policies for the city and any other applicable interjurisdictional policies or  agreements, and any other local, state, or federal laws.  17.02.230 City council action.  The city council shall consider the proposed comprehensive plan amendments and the planning commission's recommendation. The city council shall also apply the criteria set forth in EMC 17.60.220, as applicable, in order to make a final decision. A. Ifthe city council concludes that no change in the recommendation oft the planning commission is necessary, the city council may make a final determination on the proposed amendment(s) without holding another public hearing, and make a final B. Ifthe city council concludes that a change in the recommendation of the planning commission is necessary, the city council shall consider whether another opportunity for public review and comment is needed under RCW 36.70A.035(2)(a) and, if so, it shall hold another public hearing before making a  decision.  final decision.  17.02.240 Final decision, transmittal to state and appeals.  The council's final action on the docket must be taken by the first regular council meeting in February of each year. Ift the city council decides not to adopt the proposed comprehensive plan amendments, it shall pass a resolution with the associated findings and conclusions to: support its decision. Ifthe city council decides to adopt the proposed development regulations, it shall adopt an ordinance with the associated findings and conclusions to support its decision. A copy of the ordinance codified in this chapter shall be sent to the State Department of Commerce within 10 days after final adoption. All appeals to the adoption of an amendment(s) to the city's comprehensive plan or development regulations shall be filed with the Growth Management Hearings Board ina accordance with the provisions of RCW 36.70A.290 and Chapter 36.70A RCW.  17.02.250 Planning commission periodic assessment - Recommendations on amendments.  A. Timelines. The planning commission shall review and, if necessary, recommend revisions to the comprehensive plan during a periodic assessment performed in accordance with RCW 36.70A.130. The planning commission shall complete its  Ordinance No. 22-08  II    assessment of the comprehensive plan by September Ist of the year prior to the periodic update. Any amendments recommended by a majority vote ofthe planning commission shall be forwarded to the Community Development Director by October Ist of the year prior to the periodic update. The Community Development Director shall place all such recommended amendments on the preliminary docket tobe considered during the final docket selection process set forth in EMC B. Criteria Governing Planning Commission Assessment. The planning commission's periodic assessment and recommendation shall be based upon, but shall not be limited to, an inquiry into the following growth management indicators: 1. Whether growth and development as envisioned in the comprehensive plan are occurring faster or slower than anticipated, or are failing to materialize; 2. Whether the capacity of the city to provide adequate services has diminished or 3. Whether sufficient urban land is designated and zoned to meet projected demand 4. Whether any of the assumptions upon which the plan is based are no longer found 5. Whether changes in county-wide attitudes necessitate amendments to the goals of the plan and the basic values embodied within the comprehensive plan; 6. Whether changes in circumstances dictate a need for amendments; and 7. Whctnerinconstencies exist between the comprehensive plan and the GMA or the comprehensive plan and any county-wide planning policies for the city. Section 2. Effective date. This ordinance shall be in full force and effect five days afteri its PASSED by the City Council of the City of Ephrata, Washington, this Ist day of June,  17.02.140 through 17.02.170.  increased; and need; to be valid;  passage and publication ofi its summary as provided by law.  2022.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk  Ordinance No. 22-08  12    APPROVED ASTOI FORM:  Katherine L. Kenison, City Attorney PASSED the 1St day of. June, 2022. APPROVED the ISt day of June, 2022. PUBLISHED the 2nd day of. June, 2022.  Ordinance No. 22-08  13    ORDINANCE NO.22-09  AN ORDINANCE OF THE CITY OF EPHRATA AMENDING SECTION 19.040.60 ENTITLED TRANSPORTATION. PUBLIC, AND UTILITIES  LAND USES" OFTHE. EPHRATA MUNICIPAL CODE  THE CITY COUNCIL OF THE CITY OF EPHRATA, WASHINGTON, DO ORDAIN AS Section 1. Amendment. Section 19.04.060, titled Transportation, public, and utilities land uses"  FOLLOWS:  oft the Ephrata Municipal Code is amended toj provide as follows: 1904060Transportaton, public, and utilities land uses.  Zoning Districts  Key P= Principally Permitted Use S= Special Uses C= Conditional Uses A=A Accessory Uses Commercial parking lots or structures Hospitals transit facilities Railway and bus depots, taxis stands Utilitya and transportation facilities: Electrical orr regulating devices for thet transmission ofv water, gas, steam, petroleum, etc. Public facilities: Firehouses, police anda administrative offices of governmental  C -  C P C P  P P P P P P P  C C C C C C C C C  Transportation: and ccIc CICICICIC C C C p16). C pl6)  C  CC C P  P  substations, pumping ccccclcicIcICPIPCIP P  stations, libraries, C1 cicicIcP P cCIPI PICIP P  Ord22-09    agencies, primary ands secondary schools, vocational schools, and colleges Accessory uses and appurtenant toa permitted use Wireless telecommunications pi2 facilities (WTCF)by (3) administrative approval Wireless conditional use permit CorrectionalFaclity Battery Exchange Station Electric vehicle charging station, Level 1 and2 Electric vehicle charging station, Level3  S-R H-M  R-1 R-2 R-3 R-4 R-5 C-1 C-2 C3 U-R I-1 I-2 OSR A-E P-F  buildings customarily A A A A A A A A A A A A A A P  pl2) (3)  pl2) pl2) () (3)  pll) (3)  pll) pl) pl3) (3) (3) (5)  P  telecommunications cl3) c3) c3) C31 C3) C) facilities (WTCF)by (5) (S) (5) (5) (S) (5)  C3) cl3) Cl3) cl3) Cl) C3) cla) (4) (5) (4) (4) (4) (4) (4) P  C (P))  P P  PIPIPIP I P PIPIPIP P  P P A P P P P A P P P P A P P  P P P  Section 2. Effective Date. This ordinance shall take effect and be in full force five (5) days after PASSED by the City Council of the City ofl Ephrata, Washington, this Ist day of June, 2022.  this ordinance or a summary thereof consisting of the titlei is published.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk/Finance Director  Ord22-09    APPROVED ASTO FORM:  Katherine L. Kenison, City Attorney PASSED the 1St day ofJune, 2022. APPROVED the ISI day of June, 2022. PUBLISHED the 2nd day of. June, 2022.  Ord'22-09    DATE: June 01, 2022 ITEM: Ordinances & Resolutions  SUMMARY  1. Ordinance 22-08 - Amend EMC Chapter 17.02 repealing entire chapter and adopting ar new Chapter 17.02 titled AMENDMENTS TOTHE COMPREHENSIVE PLAN AND DEVELOPMENTREGULATIONS. Detailed staff report will be provided by City Attorney. 2. Ordinance 22-09 - Amend EMC 19.04.0601 titled TRANSPORTATION, PUBLIC AND UTILTITES LAND USES". Detailed staff report will be 3. Resolution 22-06 - Surplus Property. Property consists of 6,900: square feet (20' x3 345') and is located just off Dodson Road, Grant County Parcel #13-0435-025. Detailed staff report will be provided by City 4. Resolution 22-07 - Sale of Surplus Property. PUD previously purchased 1.6 acres of Grant County Parcel #13-0435-025 and have since found that they needed as small amount of additional property. Detailed staff report  provided by City Attorney.  Attorney.  willl be provided by City Attorney.  BUDGETIMPACIS  1. N/A 2. N/A 3. N/A 4. $1,050.00  RECOMMENDATION Staff recommends acceptançe and approval of all Items.  ENABLING ACTIONS Motion to Authorize, Confirm, or Approve and Accept ALL Items.  If) you have any questions, concerns, or require additional information; please contact me  prior to the meeting.    MCGETVHEAVY  CITYOF EPHRATA STAFF REPORT Mayor and City Council Anna Franz, Assistant City Attorney May25,2022 New Business process Legislative History: Motion  To: From: Date: Proceeding Type: Subject:  Ordinance repealing and replacing current GMA amendment  Requested Action: Staff Report Summary:  Ordinance 22-08 repeals and replaces the current amendment procedures for changes to the Comprehensive Plan, Land Use Map, and Development Regulations as required by the Growth Management Act to clarify the process and to modify the The Growth Management Act requires that Cities review/update their Comprehensive Plans and Development Regulations no more frequently than once a year and periodically update their Comprehensive Plans and Development Regulations every eight years. Chapter 17.02 establishes the procedures for these updates. The designation of Urban Growth Areas must also be approved by Grant During the last application cycle for the annual update, a concern was identified about how the City's process/schedule aligned with Grant County's. Grant County's deadline for applications is March 31st of each year. The City's current deadline is February 15th, which does not allow for the 60 day  deadlines for application and action.  Discussion/Analysis:  County.  Page1of2    notice to state agencies prior to the City's final action on Comprehensive Plans/Development Regulations under the Ordinance 22-08 revises the deadline for City applications to be October 1st, giving the City six months to review applications and process any changes in advance of the County's deadline. During the review of 17.02, significant improvements were needed to make the process clear and consistent for applicants therefore staff decided to make a complete overhaul of the  GMA.  chapter and to replace iti in its entirety. Staffrecommends: adoption of Ordinance 22-08.  Staff Recommendation: Financial Implications: Attachments A.  N/A  Ordinance 22-08.  Legal Review  The following documents are attached and subject tol legal review:  Date Reviewed by Legal Counsel 5/24/2022  Typec ofDocument Ordinance  Title of Document Ordinance 22-08  Page2of2    ORDINANCE NO. 22-08  AN ORDINANCE OF THE CITY OF EPHRATA, WASHINGION, REPEALING THE CURRENT CHAPTER 17.02 OF THE EPHRATA MUNICIPAL CODE TITLED COMPREHENSIVE PLAN" AND ADOPTING A NEW CHAPTER 17.02 TITLED "AMENDMENTS TO THE COMPREHENSIVE PLAN AND DEVELOPMENT  PROCEDURES  FOR  AMENDMENTS  TO  REGULATIONS"  THE CITY COUNCIL OF THE OF THE CITY OF EPHRATA DOES ORDAIN AS Section 1. Repeal and Amendment. Ephrata Municipal Code Chapter 17.02 titled "Procedures for Amendments to Comprehensive Plan"isr repealed ini its entirety: and a new Chapter 17.02 titled "Amendments to the Comprehensive Plan and Development Regulations" is adopted  FOLLOWS:  as follows:  Chapter 17.02 REGULATIONS  AMENDMENTS TO THE COMPREHENSIVE PLAN AND DEVELOPMENT  Sections:  17.02.010 Purpose and types of amendments.  17.02.020 Administration of legislative amendments to development regulations. 17.02.030 Procedure for amendments to development regulations. 17.02.040 Submission of applications for amendments to development regulations (who may  submit and when).  17.02.050 Requirements for a complete application. 17.02.060 SEPA compliance and transmittal to state. 17.02.070 Public notice. 17.02.080 Planning commission public hearing. 17.02.090 City council action. 17.02.100 Final decision, transmittal to state and appeals. 17.02.120 Administration of annual comprehensive plan amendments. 17.02.130 Submission of applications (who may submit and when). 17.02.160 Planning commission hearing on preliminary docket. 17.02.170 City council decision - Adoption of final docket.  17.02.140 Preliminary docket.  17.02.150 Optional city council/planning commission workshop on preliminary docket.  17.02.180 Final docket - Contents. 17.02.190 Effect of final docket.    17.02.200 SEPA on final docket. 17.02.230 City council action.  17.02.210 Planning commission public hearing on final docket. 17.02.220 Evaluation criteria for proposed amendments. 17.02.240 Final decision, transmittal to state and appeals.  17.02.250 Planning commission periodic assessment - Recommendations on amendments.  17.02.010 Purpose and types of amendments.  A. Purpose. The purpose of this chapter is to establish procedures for amendment of the city's comprehensive plan map or text and the development regulations. In addition, this chapter will describe the city's public participation process, which is intended to solicit comments and suggested amendments to the city's comprehensive plan and development regulations for consideration. B. Comprehensive Land Use Plan and Development Regulations. The comprehensive land use plan is defined as the generalized, coordinated land use policy statement of the city, and the accompanying map, adopted under the Growth Management Act (Chapter 36.70A RCW). The development regulations are the controls placed on development or land use activities by the city, including, but not limited to, the city's codes on zoning, critical areas, official controls, planned unit developments, C. Types of Amendments. The applications that will be processed under this chapter as legislative amendments are comprehensive plan amendments to the comprehensive plan map or policies and development regulation amendments (to the text of the development regulations) which do not implement the existing  subdivisions, and binding site plans.  comprehensive plan.  17.02.020 Administration of legislative amendments to development regulations.  The Community Development Director is authorized to administer the provisions of this chapter. The planning commission shall have the authority to hold the public hearing on any proposed legislative amendments to the development regulations, and to provide a recommendation to the city council. The city council shall consider the planning commission's recommendation during a public meeting or a public hearing  and shall make a final decision.  17.02.030 Procedure for amendments to development regulations.  The following steps shall be followed in the processing ofa applications for amendments A. EMC 17.02.050: director's determination that the application is complete;  to development regulations:  B. EMC 17.02.060: SEPA and Chapter 20.04 EMC;  Ordinance No. 22-08  2    C. EMC 17.02.070: notice of public hearing;  D. - EMC 17.02.210: public hearing before the planning commission; E. EMC 17.02.230: city council considers application; F. EMC 17.02.240: final decision, transmittal to state;  G. EMC 17.02.240: appeal to Growth Management Hearings Board (ifa any).  17.02.040 Submission of applications for amendments to development regulations (who may  submit and when).  A. Who May Submit Applications. Any interested person, including citizens, hearing examiners, staffofother: agencies, planning commission, and city council members, may submit an application for an amendment of a development regulation. B. When Applications May Be Submitted. The text oft the city's adopted development regulations may be amended at any time; provided, that the amendment is consistent with the city's comprehensive plan and land use map. When inconsistent with the comprehensive plan and land use map, the amendment shall be processed concurrent with any necessary plan amendments using the process and timelines for comprehensive plan amendments in EMC 17.02.120 through 17.02.240. Applications that do not include the information required in EMC 17.02.050 shall  not be processed.  17.02.050 Requirements for a complete application.  The Community Development Director shall determine whether an application is complete. A complete application for an amendment to a development regulation shall  consist oft the following materials: A. An application form provided by the city;  B. Name, address, phone number, and email of the applicant and, if the applicant is not the property owner, proof of the property owner's consent to the submission of C. Name, address, phone number and email of the owner of the property identified in  the application;  the application (if applicable);  D.A Al legal description of the property, if applicable;  E. A description of the proposed amendment and any associated development proposals, if applicable. Formal site-specific or project-related amendments shall include plans, information and/or studies that accurately depict existing and  Ordinance No. 22-08    proposed use(s) and improvements. Proposed site-specific or project related amendments that do not specify proposed use(s) and potential impacts will be assumed to have maximum impact to the environment, public facilities, and F. Proposed amendatory language, preferably shown in "bill" format (i.e., new language underlined; language proposed for deletion in strikeouts); G. An explanation of the rationale for the proposed amendment;  services;  H. An explanation of how the proposed amendment and associated development proposal(s), if any, conform to, conflict with, or relate to the criteria set forth in .A Ac completed SEPA checklist including the supplement sheet for nonproject actions J. Application fee as set forth in the city'sr resolution adopted for this purpose; and K. Any additional information reasonably deemed necessary by the Community  EMC 17.02.220; (ifa applicable);  Development Director to evaluate the proposed amendment.  17.02.060 SEPA compliance and transmittal to state.  Ifa an application for an amendment to the development regulations is submitted outside of the annual comprehensive plan amendment process, SEPA shall be performed on the application as set forth in Chapter 20.04 EMC. If applicable, the city shall notify the State Department of Commerce ofitsi intent to adopt the proposed amendment(s)to  the development regulations at least 60 days prior to final adoption.  17.02.070 Public notice.  A. Notice of any public hearing on an application for an amendment to a development regulation submitted outside of the annual comprehensive plan amendment process set forth in EMC 17.02.120 through 17.02.240 shall be given by one publication in the official newspaper of the city at least 10 days prior to the date of the hearing and by posting a copy of the notice of public hearing in City Hall and on the city's  website.  B. Fors site-specific proposals, the subject property shall be posted.  .A Additional notice may be required by state or local law (e.g., statutory notice requirements for amendments to the shoreline master program), or additional notice  may be provided as deemed appropriate by the director. D. The public notice shall include the following:  Ordinance No. 22-08    1. The purpose(s) oft the amendment;  2. The deadline for submitting comments on the amendment; commission but no additional notices need be published.  3. Ate tentative hearing schedule; continued hearings may be held by the planning  17.02.080 Planning commission public hearing.  The planning commission shall hold a public hearing on an application for an amendment to a development regulation and shall make a recommendation to the city council, using the criteria set forth in EMC 17.02.220, as applicable. There is no limit on the number of public hearings or continuation of public hearings that the  commission (or city council) may hold on aj proposed amendment.  17.02.090 City council action.  The city council shall considert the proposed amendment to the development regulations and the planning commission' s recommendation. The city council shall also apply the criteria set forth in EMC 17.02.220, as applicable, in order to make a final decision. A. Ifthe city council concludes that no change in the recommendation of the planning commission is necessary, the city council may make a final determination on the proposed amendment(s) without holding another public hearing and make a final B. If the city council concludes that a change in the recommendation of the planning commission is necessary, the city council shall consider whether another opportunity for public review and comment is needed under RCW 36.70A.035(2)(a) and, if so, it shall hold another public hearing before making a  decision.  final decision.  17.02.100 Final decision, transmittal to state and appeals.  If the city council decides not to adopt the proposed amendment to the development regulations, it shall pass a resolution with the associated findings and conclusions to support its decision. Ifthe city council decides to adopt the proposed amendment to the development regulations, it shall adopt an ordinance with the associated findings and conclusions to support its decision. A copy of the ordinance codified in this chapter shall be sent to the State Department of Commerce within 10 days after final adoption.  17.02.120 Administration of annual comprehensive plan amendments.  Ordinance No. 22-08    A. Legislative Amendments to the Comprehensive Plan. The Community Development Director is authorized to administer the provisions of this chapter. Thej planning commission shall have the authority tol hold the public hearing on any proposed comprehensive plan amendment(s), and to provide a recommendation to the city council. The city council shall consider the planning commission's recommendation during a public meeting or a public hearing and make a final B. Development Agreement. A legislative amendment to the comprehensive plan that iss site-specific may be approved subject to the execution, delivery, and recording ofadevelopment agreement between the city council and the property owner oft the subject property (or the legal owner of al beneficial interest in the subject property). The development agreement may impose conditions to address the criteria set forth in EMC 17.02.220, and approval of the comprehensive plan amendment shall be conditioned upon performance or compliance with the terms and conditions of the development agreement. The city may revoke (or take other action allowed by law) ac comprehensive plan amendment executed with a development agreement for failure to comply with the development agreement. An applicant proposing a comprehensive plan amendment with a development agreement shall submit the proposed development agreement with the application materials described in EMC 17.02.050. The city will evaluate the proposed development agreement together with the proposed comprehensive plan amendment to determine whether the  decision.  amendment should be approved.  17.02.130 Submission of applications (who may submit and when).  A. Who May Submit Applications for Amendments Related to Site-Specific Development Proposals. Proponents of land development projects and/or property owner(s) or their authorized representative(s) may file an application for an amendment to the comprehensive plan relating to a site-specific proposal. The complete application shall consist of the materials described in EMC 17.02.050. The application filing fee as set forth in the city's fee resolution shall accompany the application, which shall also require the applicant to pay for the applicant's B. Who May Suggest Amendments. Anyinterested person, including citizens, hearing examiners, staffo ofother agencies, planning commission, and city council members, may suggest an amendment to the comprehensive plan. Generally, suggested amendments should bel limited toj proposals that broadly applyto the goals, policies, and implementation strategies of the comprehensive plan rather than amendments designed to address site-specific issues of limited applicability. If an application is not submitted for the suggested amendment by an interested person, the Community Development Director shall include the suggested amendment on a preliminary docket that is maintained each year for this purpose. The process described in EMC 17.02.160 through 17.02.170 shall resolve the question whether such suggested amendments will be considered during the annual review process.  portion of the SEPA review attributable to the application.  Ordinance No. 22-08  6    C.A Amendments Considered Once a Year. Applications for amendments to the city's comprehensive plan may not be considered more frequently than once everyyear, except: (I)under the circumstances described inl RCW,6DAI20e (v); (2) when needed to resolve an emergency condition or situation that involves public health, safety, or welfare, and when adherence to the amendment process set forth. in this chapter would be detrimental to the public health, safety, and welfare. Situations involving official legal or administrative action affecting the city will be reviewed by the city council with advice from the city attorney to determine whether an emergency exists warranting an emergency comprehensive plan amendment. Except as otherwise provided in RCW 36.70A.130(2)(), all comprehensive plan amendments shall be considered concurrently sO that the D. Deadline for Application Submittal. All applications for comprehensive plan amendments shall be submitted to the Community Development Director by October Ist of the current calendar year (or be included in the Community Development Director's docket of suggested amendments by this date) in order to be considered during the following year's amendment process; except that city- sponsored proposals to amend the capital facilities element of the comprehensive plan may be accepted later than other proposed amendments because of their relationship to the city's annual budget process. Applications that do not include the information required under EMC 17.02.050 for a complete application, or which are not received by the deadline set forth in this subsection, shall not be  cumulative effect of the various proposals may be ascertained.  processed.  17.02.140 Preliminary docket.  A. Contents. A preliminary docket shall be maintained by the Community 1. All applications submitted before the October Ist deadline to amend the 2. All amendments suggested during the year by citizens, the planning commission, city council, staff, departments or other agencies. B. Community Development Director Responsibilities. After compiling the preliminary docket, the Community Development Director shall review the suggested amendments and prepare a report concerning which suggested amendments the Community Development Director believes should be placed on the final docket for consideration during the annual amendment process. In addition to addressing the need, urgency, and appropriateness of each suggested amendment, the staff report shall include, but not be limited to, a consideration of  Development Director, which shall consist of the following:  comprehensive plan;  the following:  Ordinance No. 22-08  7    1. The availability of sufficient planning staff to substantively review the suggested amendments and manage the public review process with available 2. Anticipated planning costs and budget for processing the suggested  staff; and amendments.  17.02.150 Optional city council/planning commission workshop on preliminary docket.  The city council and planning commission may, but are not required to, hold a noticed joint workshop meeting to gather information regarding the items on the preliminary docket and the Community Development Director's report and recommendation. If held, notice of the joint workshop meeting shall be given by publication in the city's official newspaper at least one time 10 days prior to the date of the meeting and by posting a copy of the meeting notice at City Hall and the city's website, which shall  include a statement of the purpose of the joint workshop.  17.02.160 Planning commission hearing on preliminary docket.  The planning commission shall hold ar noticed public hearing to accept public comment regarding the suggested amendments on the preliminary docket. Following the hearing, the planning commission shall prepare a report and recommendation identifying those suggested amendments that it is recommending for consideration by the city council during the annual amendment process. The planning commission's recommendation shall bel based upon the perceived need, urgency, and appropriateness ofe each: suggested amendment. The planning commission's report and recommendation shall also include those proposed amendments resulting from its periodic assessment set forth in EMC 17.02.250, as applicable. Notice of the planning commission's hearing shall be given  as set forth in EMC 17.02.070.  17.02.170 City council decision - Adoption of final docket.  The city council shall review and consider the planning commission's report and recommended final docket. The city council may adopt the planning commission's recommended final docket without a public hearing; however, in the event that a majority of the city council decides to add or subtract suggested amendments, it shall  first hold a public hearing, noticed as set forth in EMC 17.02.070.  17.02.180 Final docket - Contents.  The final docket adopted by the city council shall include the following:  A. All applications for comprehensive plan amendments for site-specific amendments  timely submitted under EMC 17.02.130; and  Ordinance No. 22-08    B. Any proposals for suggested amendments which the city council elects to consider  during the annual amendment process.  17.02.190 Effect of final docket.  The city council's decision to adopt the final docket does not constitute a decision or recommendation that the substance of any site-specific amendment or suggested amendment be adopted. No additional amendment proposals shall be considered by the city after adoption of the final docket for that year, except for those identified in EMC  17.02.130(C).  17.02.200 SEPA on final docket.  The final docket as adopted by the city council shall first be reviewed and assessed by the Community Development Director, who shall prepare a staff report and recommendation on each proposed amendment. The Community Development Director shall also be responsible for conducting SEPA review of all items on the final docket, as required by Chapter 20.04 EMC. As appropriate, the Community Development Director shall solicit comments regarding the proposed amendments from the public and/or government agencies. The Community Development Director shall also be responsible for providing notice and opportunity for public comment as deemed appropriate, given the nature of the proposed amendments and consistent with RCW 36.70A.140 and SEPA (Chapter 43.21C RCW and Chapter 197-11 WAC). Issuance of the SEPA threshold decision on the proposed comprehensive plan amendments shall be coordinated such that if an appeal ofthe SEPA threshold decision  isf filed, the appeal shall be heard by the city council.  17.02.210 Planning commission public hearing on final docket.  A. All proposed amendments on the final docket shall be reviewed and assessed by the planning commission, which shall make ai recommendation to the city council B. After the public hearing(s), the planning commission shall develop findings and conclusions to support its recommendation to the city council that the proposed amendment(s) be denied, approved, or approved with conditions or modifications.  after holding at least one public hearing.  17.02.220 Evaluation criteria for proposed amendments.  The planning commission shall review the proposed amendments tot the comprehensive plan and development regulations under the following criteria to develop findings and A. All Amendments. All of the comprehensive plan amendments shall be reviewed  conclusions to support a recommendation: under the following criteria:  Ordinance No. 22-08    1. Whether the proposed amendment(s) conform to the Growth Management Act 2. Whether the proposed amendment(s) are consistent with and implement the city's comprehensive plan, including the goals, policies, and implementation 3. Whether circumstances related to the proposed amendment(s) and/or the area in which it is located have substantially changed since the adoption of the city's 4. Whether the assumptions upon which the city's s comprehensive plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments of the city's 5. Whether the proposed amendment(s) will be in the interest of furtherance of the public health, safety, comfort, convenience, and general welfare. B. Amendments for Site-Specific Proposals. In addition to the above, any proposal for as site-specific development or amendment shall be reviewed under the following 1. Whether the proposed site-specific amendment(s) meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services (e.g., police, fire and emergency medical services, parks, fire flow, and general governmental 2. Any proposed site-specific amendment(s) will not result inj probable significant adverse impacts to the city'st transportation network, capital facilities, utilities, parks and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities; 3. In the case of a site-specific amendment(s) to the comprehensive plan's land use map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including, but not limited to, the following: (a) access; (b) provision of utilities; and (c) compatibility with existing and planned surrounding land uses; 4. The proposed site-specific amendment(s) will not create pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the city as a  (Chapter 36.70A RCW);  strategies oft the various elements oft the plan;  comprehensive plan;  comprehensive plan; and  criteria:  services);  whole;  Ordinance No. 22-08  10    5. The proposed site-specific amendment(s) does not materially affect the land use and population growth projections that are thel bases oft the comprehensive plan; 6. Ifwithin an incorporated urban growth area (UGA), the proposed site-specific amendment(s) does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA; 7. The proposed amendment(s) is consistent with any applicable county-wide policies for the city and any other applicable interjurisdictional policies or  agreements, and any other local, state, or federal laws.  17.02.230 City council action.  The city council shall consider the proposed comprehensive plan amendments and the planning commission's recommendation. The city council shall also apply the criteria set forth in EMC 17.60.220, as applicable, in order to make a final decision. A. Ifthe city council concludes that no change in the recommendation oft the planning commission is necessary, the city council may make a final determination on the proposed amendment(s) without holding another public hearing, and make a final B. Ifthe city council concludes that a change in the recommendation of the planning commission is necessary, the city council shall consider whether another opportunity for public review and comment is needed under RCW 36.70A.035(2)(a) and, if so, it shall hold another public hearing before making a  decision.  final decision.  17.02.240 Final decision, transmittal to state and appeals.  The council's final action on the docket must be taken by the first regular council meeting in February of each year. Ift the city council decides not to adopt the proposed comprehensive plan amendments, it shall pass ar resolution with the associated findings and conclusions to support its decision. Ifthe city council decides toadopt the proposed development regulations, it shall adopt an ordinance with the associated findings and conclusions to support its decision. A copy of the ordinance codified in this chapter shall be sent to the State Department of Commerce within 10 days after final adoption. All appeals to the adoption of an amendment(s) to the city's comprehensive plan or development regulations shall be filed with the Growth Management Hearings Board in accordance with the provisions of RCW 36.70A.290 and Chapter 36.70A RCW.  17.02.250 Planning commission periodic assessment - Recommendations on amendments.  A. Timelines. The planning commission shall review and, if necessary, recommend revisions to the comprehensive plan during a periodic assessment performed in accordance with RCW 36.70A.130. The planning commission shall complete its  Ordinance No. 22-08  11    assessment of the comprehensive plan by September Ist of the year prior to the periodic update. Any: amendments recommended by a majority vote of the planning commission shall be forwarded to the Community Development Director by October 1st of the year prior to the periodic update. The Community Development Director shall place all such recommended amendments on the preliminary docket to be considered during the final docket selection process set forth in EMC B. Criteria Governing Planning Commission Assessment. The planning commission's periodic assessment and recommendation shall be based upon, but shall not be limited to, an inquiry into the following growth management indicators: 1. Whether growth and development as envisioned in the comprehensive plan are occurring faster or slower than anticipated, or are failing to materialize; 2. Whether the capacity of the city to provide adequate services has diminished or 3. Whether sufficient urban land is designated and zoned to meet projected demand 4. Whether any of the assumptions upon which the plan is based are no longer found 5. Whether changes in county-wide attitudes necessitate amendments to the goals of the plan and the basic values embodied within the comprehensive plan; 6. Whether changes in circumstances dictate a need for amendments; and 7. Whether inconsistencies exist between the comprehensive plan and the GMA or the comprehensive plan and any county-wide planning policies for the city. Section. 2. Effective date. This ordinance shall bei in full force and effect five days afterits PASSED by the City Council of the City of Ephrata, Washington, this 1st day of June,  17.02.140 through 17.02.170.  increased; and need; to be valid;  passage and publication ofi its summary as provided by law.  2022.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk  Ordinance No. 22-08  12    APPROVED ASTOFORM:  Katherine L. Kenison, City Attorney PASSED the Ist day of June, 2022. APPROVED the 1St day of. June, 2022. PUBLISHED the 2nd day of. June, 2022.  Ordinance No. 22-08  13    MUEHPEHAY  CITY OF EPHRATA STAFF REPORT Mayor and City Council Anna Franz, Assistant City Attorney May 25,2022 New Business Zone Legislative History: Motion  To: From: Date: Proceeding' Type: Subject:  Correctional Facility as Permitted Land Usei in Public Facilities  Requested Action: Staff Report Summary: Discussion/Analyss:  Ordinance 22-09 would permit correctional facilities to locate int the Public Facilities Zone as a principally permitted use. Correctional facilities are currently allowed as a conditional use int the Airport Enterprise Zone. The Public Facilities Zone provides uses that are public in nature, including governmental facilities, parks, schools, andi infrastructure/utility facilities. Given the nature oft the uses for land designated within the Public Facilities Zone, allowing correctional facilities to locate as a principally permitted usei is consistent with the purpose of Staff recommends adoption of Ordinance 22-09.  this zoning designation.  Staff Recommendation: Financial Implications: Attachments A.  N/A  Ordinance 22-09.  Pageiof2    Legal Review  Thet following documents are attached and subject to legal review:  Date Reviewedi by Legal Counsel 5/24/2022  Type of Document Ordinance  Title of Document Ordinance 22-09  Page 2of2    ORDINANCE NO. 22-09  AN ORDINANCE OF THE CITY OF EPHRATA AMENDING SECTION 19.040.60 ENTITLED TRANSPORTATION, PUBLIC, AND UTILITIES  LAND USES" OF THE EPHRATA MUNICIPALCODE  THE CITY COUNCIL OF THE CITY OF EPHRATA, WASHINGTON, DO ORDAIN AS Section 1. Amendment. Section 19.04.060, titled Transportation, public, and utilities land uses"  FOLLOWS:  ofthe Ephrata Municipal Code is amended toj provide as follows: 190406Tansportation, public, and utilities land uses.  Zoning Districts  Key P= Principally Permitted Use S= Special Uses C= Conditional Uses A= Accessory Uses Commercial parking lots or structures Hospitals transit facilities Railway and bus depots, taxi stands Utility and transportation facilities: Electrical orr regulating devices for the transmission ofv water, gas, steam, petroleum, etc. Publici facilities: Firehouses, police and administrative officesof governmental  C C  C P C P  P P P P P P  C aeciccIc C C  Transportation. and C C C C ccc C C C - C C pl6) C pl6) P  C  C C C P  P  substations, pumping C C C C C C C CICICIPIPI CP P  stations, libraries, C cccicICIPIP  P  eee  Ord22-09    agencies, primary and secondary schools, vocational schools, and colleges Accessory uses and appurtenant toa permitted use Wireless telecommunications p2) facilities (WTCF)by (3) administrative approval Wireless conditional use permit Correctional Facility Battery Exchange Station Electric vehiçle charging station, Level 1 and2 2 Electric vehicle charging station, Level3  S-R H-M  R-1 R-2 R-3 R-4 R-5 C-1 C-2 C3 U-R I-1 I-2 OSR A-E P-F  buildings customarily A A A A A A A A A A A A A A P  pl2) (3)  pl2) pi2) (3) (3)  plA) (3)  pli) pl1) p(3) (3) (3) (5)  P  telecommunications C3) Cl31 cl3) C3) cl3) C3) facilities (WTCF)by (S) (5) (5) (5) (5) (S)  Cl3) Cl3) cl3) cl3) Cl3) cl3) cl3) (4) (5) (4) (4) (4) (4) (4) P  C (P))  P P  P P P P P P P P P P  P P AP P PP A P P P P A P P  P P P  Section 2. Effective Date. This ordinance shall take effect and be in full force five (5) days after PASSED by the City Council of the City of Ephrata, Washington, this 1st day of June, 2022.  this ordinance or a summary thereof consisting of the title is published.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk/Finance Director  Ord22-09    APPROVED ASTOFORM:  Katherine L. Kenison, City Attorney PASSED the Ist day of June, 2022. APPROVED the ISt day of. June, 2022. PUBLISHED the 2nd day ofJune, 2022.  Ord22-09    0008: 080099080900004 oooi  11    RESOLUTION NO. 22-06  AR RESOLUTIONDECLARINGCITYOWNEDREALPROPEKTYASSURPLUS AND AUTHORIZING ITS SALE IN A COMMERCIALLY REASONABLE  MANNER RECITALS:  1. The City of Ephrata nol longer requires a portion of the real property being Polygon 2, Grant County Parcel Number 13-0435-025, Ephrata, WA, and described as: THE NORTH 20.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 26 EAST OF THE WILLAMETTE MERIDIAN, GRANT COUNTY, WASHINGTON,SAIDPARCEL BEING MOREPARTICULARLY DESCRIBED COMMENCING AT THE SOUTHEAST CORNER OF SECTION 28, SAID TOWNSHIP AND RANGE, A 2 INCH BRASS CAP IN A MONUMENT CASE, FROM WHICH THE EAST QUARTER CORNER FOR SAID SECTION, A 2 INCH BRASS CAP IN A MONUMENTCASE, BEARSNORTHOO-00'02"EAST 2,660.32 FEET; AND FROM WHICH THE SOUTH QUARTER CORNER FOR SAID SECTION, A 2 INCH BRASS CAP, BEARS SOUTH 87°36'28" WEST 2,599.68 FEET; THENCE FROM SAID SOUTHEAST CORNER SOUTH 87°36'28" WEST 40.03 FEET ALONGTHESOUTHLINEOFSAIDSECTION28 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 87°36'28" WEST 345.00 FEET; THENCE NORTH 00°00'02" EAST 635.00 FEET PARALLEL TO THE EAST LINE OF SAID SECTION 28; THENCE NORTH 87°36'26": EAST 345.00 FEET TOTHE WEST RIGHT OF WAYLINE FOR DODSONF ROADNW.; THENCESOUTH00-0002" WEST 635.00 FEET ALONG SAID RIGHT OF WAYI LINE BEING PARALLEL TO AND 40.00 FEET WEST OFTHE EAST LINE OF SAID SECTIONTOTHE  AS FOLLOWS:  TRUE: POINT OF BEGINNING.  CONTAINING 6,900 SQUARE FEET (0.16 ACRES). 2. The fair market value of the real property is estimated at $1,050.00.  RESOLVED:  1. The City Council declares the above- described real property as surplus to the needs of the 2. The Mayor or his designee is directed to negotiate a sale of the above-described. real property  City.  Resolution 22-06    for council review and approval.  ADOPTED by the City Council of the City of Ephrata, Washington, this Ist day of. June, 2022.  Mayor Bruce Reim  ATTEST:  City Clerk Leslie Trachsler  Resolution 22-06    RESOLUTION 22-07  A RESOLUTION AUTHORIZING THE SALE OF CITY OWNED PROPERTY TOI PUBLIC UTILITY  DISTRICTNO.20F4 GRANT COUNTY  RECITALS: 1. 3. 2. RESOLVED: Exhibit A.  Public Utility District #2 of Grant County has requested to purchase approximately 0.16 acres or  6,900 square feet of City owned property for $1,050. The property was, given ai fair-market value of $1,050.  The site is undeveloped.  The Mayor is authorized and directed to execute the sale agreement for the property attached hereto as  ADOPTED by the City Council of the City of Ephrata Washington, this Ist day of June, 2022.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk    EXHIBIT A  REAL ESTATE PURCHASE AND SALE. AGREEMENT This Real Estate Purchase and Sale Agreement (the "Agreement") is dated ("Seller) and PUBLICUTILITY DISTRICTI NO.2 OF GRANTCOUNTY, Washington, a  20 a and is entered into by and between City of Ephrata, Washington,  municipal corporation ("Buyer"). following terms and conditions:  Seller wishes to sell and Buyer wishes to purchase the Property, as defined below, upon the 1. The Property. The property to be purchased by Buyer (the "Property") shall consist of( (i) that certain portion of parcel of land (Grant County Parcel Number #13-0435-025, (Polygon 2) consisting ofa approximately 0.16 acres or 6,900.00 square feet (20.00' x 345.00'), the legal description ofwhich is set forth on Exhibit A hereto; and (ii). all improvements thereon (the "Project"); and (iii) all shrubs, trees, and plants thereon; and (iv) all oil, gas, water and mineral rights and shares of stock pertaining to water or mineral rights, whether or not appurtenant thereto, owned by Seller; and (v) all easements, rights of way, and other rights appurtenant thereto; and (vi) all permits and contract rights relating to the operation of the Property. Ifthe exact boundaries and square footage area ofthe Property is not known as ofthe date ofr mutual execution hereof, Buyer and Seller shall mutually agree on the same during the  period described in Section 7(b) below.  2. Closing. "Closing" shall mean the date on which the general warranty deed with full warranties oft title transferring title to the Property from Seller to Buyer is recorded in the official records oft the County in which the Property is situated. Closing shall occur on or before the date which is thirty (30) days after Buyer's waiver of all oft the contingencies set forth in Sections 7 below, or such other date as may be mutually agreed upon by the parties, at the offices of Stewart Title Guaranty Company, (the "Escrow Agent" and the "Title Company") located in Ephrata, Washington. IfClosing has not occurred prior to the date that is one hundred twenty (120) days after mutual execution hereof (the "Outside Date for Closing") for any reason other than a default by Buyer or Seller hereunder, then this Agreement shall automatically terminate, and the parties shall have no further liabilities or obligations toward each other under this  Agreement.  3. Consideration. The consideration to be paid to Seller by Buyer for purchase of the Property (the "Purchase Price") shall be a total of$ $1,050.00 (one thousand fifty dollars) and  shall be payable all in cash at Closing.  4. Title.  (a) Preliminary Title Report. Buyer shall, at Buyer's expense, obtain  aj preliminary title report applicable to the Property (the "Preliminary Title Report") issued by Stewart Title Guaranty Company, (the "Escrow. Agent" and the "Title Company") located in Ephrata, Washington, together with a copy of all items  indicated as exceptions in such Preliminary Title Report.  2022 SOUTHE EPHRATASUBSTATION. PROPERTY ACQUISITION    (b). Condition ofTitle. At Closing, Seller shall convey fee simple  title to the Property to Buyer by general warranty deed, subject only to the items indicated on the Preliminary Title Report which have been approved by Buyer. with evidence ofl Buyer's title to the Property in the form of an owner's ALTA standard coverage policy oft title insurance, (revised 6/17/06), issued by the Title Company containing only those exceptions approved by Buyer with a liability limit equal to the Purchase Price. Seller also agrees to provide affidavits and indemnities in standard form required by the Title Company to remove from the title policy to be issued at Closing the standard preprinted exceptions for unrecorded leases and mechanics liens. Notwithstanding anything to the contrary herein, Seller shall remove at or before Closing, and the Permitted Exceptions shall not include, any financial encumbrances or monetary liens encumbering the Property (except to the extent caused 5. Delivery for Approval. Within five (5) working days of the execution oft this Agreement, Seller shall deliver to Buyer for Buyer's approval as to form and content, the  (c) Evidence ofTitle. Seller shall, at Buyer's expense, provide Buyer  by Buyer).  following:  (a) An inventory ofa all personal property (if any) to be transferred to (b) Copies of all maintenance, service and other agreements affecting (c) Copies of all construction and equipment warranties affecting the (d) All plans, specifications, surveys, soils reports and calculations  Buyer. the Property.  Property.  related thereto and appraisals oft the Property, environmental and hazardous waste reports and studies relating to the Property, and any other reports or studies relating to the physical condition oft the Property or adjaçent properties prepared prior to the date oft this Agreement in the possession or subject to the control of Seller. statements of completion and similar documents inj possession or subject to the control of Seller evidencing appropriate regulatory approval of the completion of  (e) All certificates of occupancy, building permits, architect's  construction ofi improvements at the Property.  (f) To the extent the Property or this transaction is subject to natural  hazard disclosure requirements or requires a transfer disclosure statement pursuant to applicable law, a disclosure statement in conformity with the provisions of  applicable law for such disclosures.  2022 SOUTHE EPHRATA: SUBSTATIONI ROPERIYACQUISTON    6.  Costs to Buyer and Seller: Closing Documents.  (a) Seller shall pay the following: (i) Any broker's commissions; and (ii) Costs of Seller'scounsel.  (b) Buyer shall pay for the escrow fee and document preparation, cost  oft the title insurance, and all endorsements thereto, the costs of Buyer's counsel and  any costs or fees for recording the general warranty deed.  (c) Real estate taxes and assessments, rents, water, and other utilities (d) At Closing, Seller shall deliver to Escrow Agent the general  shall be prorated as of Closing.  warranty deed and a warranty bill ofs sale conveying to Buyer the personal property;  and  (e) At Closing, Buyer shall pay the Purchase Price and shall execute  such other documents reasonably required to close the transaction contemplated by  this Agreement.  7. Conditions Precedent to Buyer's Obligation.  (a) Buyer'so obligation to perform under this Agreement is subject to  and contingent upon Buyer's approval or determination in its sole discretion oft the following, all to occur within sixty (60) days after the date of mutual execution  hereof:  (i) Title Condition. Buyer's review and approval of the Preliminary (ii) Documents. Buyer'sreview: and approval of all items required to be (ii) Grant PUD Commission Approval. Approval oft this Agreement and  Title Report, together with all exceptions listed therein. delivered to Buyer pursuant to Section 5 ofthis Agreement.  the purchase ofthe property by the Buyer's Board of Commissioners through the adoption of an  official resolution providing for the same.  (iv) City of Ephrata Council Approval. Approval of this Agreement and  the sale of the property by the City of Ephrata Council through the adoption of an official  resolution providing for the same.  2022: SOUTHEPHRATA: SUBSTATION PROPERTYACQUISTION    (v) Regulatory Approval. Receipt ofa approval oft the Lot Line  Adjustment application.  (b) Buyer's obligation toj perform under this Agreement is subject to  and contingent upon Buyer's approval or determination in its sole discretion ofthe following, all to occur within sixty (60) days after the date ofmutual execution  hereof:  () Inspection of the Property. Buyer's written approval oft the Property,  including zoning, land use, and all: systems thereon (including, without limitation, heating, electrical, plumbing, paving, amenities, air conditioning, water and roof), and soils, geotechnical, and environmental. condition oft the Property and adjacent parcels, pursuant to physical inspection by Buyer or by whomsoever Buyer may designate, which approval may be withheld inl Buyer's sole and absolute discretion. No inference that Buyer has waived any right to rely on representations or warranties of Seller as set forth in Section 8 oft this Agreement shall be drawn  from Buyer's approval ofthe Property pursuant to such physical inspection.  Unless otherwise stated by Buyer in writing, failure to timely approve or disapprove any of  the above-referenced matters shall constitute disapproval.  8.  Representations and Warranties ofSeller. Seller hereby makes the following  representations and warranties to Buyer, which representations shall be true as oft the Closing and  shall survive the Closing.  (a) The Property, the building and other improvements on the  Property, and all systems therein, and the use being made thereofat Closing, conform to all fire, zoning, health, subdivision, building, labor and other federal, state and local codes, laws, rules and regulations, and there are: no violations thereof with respect to the Property not heretofore removed or corrected; and Seller has received no notices of any action or government proceeding in eminent domain, zoning change or otherwise, which would affect the Property; nor does Seller know  ofany fact which might give rise to such proceeding.  (b) No part ofany improvements on the Property encroaches upon  any property adjacent thereto or upon any easements, nor are there any  encroachments upon the Property.  (c) There are no leases or rental agreements affecting the Property  and no party has any right to the present or future possession or use ofthe Property other than Seller. No leases or rental agreements covering space at the Property shall be entered into prior to Closing without the prior written consent of Buyer. employment, service, or other contracts affecting the Property which will be in effect at Closing, other than those transferred to and approved by Buyer prior to Closing.  (d) There are no maintenance, advertising, management, leasing,  2022: SOUTHE EPHRATA: SUBSTATIONI PROPERTY ACQUISITION    (e) Except for the warranties, representations, and indemnifications  contained in this Agreement, Seller does not make and specifically disclaims any warranties, express or implied, including any warranty oft merchantability or fitness fora aj particular purpose, with respect to the Property and no employee or agent of Seller is authorized otherwise. Without limitation, the foregoing specifically excludes, except for warranties, representations and indemnifications contained in this Agreement, any warranties or representations with respect to the area being purchased, the existence or non-existence ofany Hazardous Substances or underground storage tanks, or the actual or threatened release, deposit, seepage, migration or escape of Hazardous Substances, from or into the Property, and the compliance or noncompliance oft the Property with applicable federal, state, city and local laws and regulations, including, without limitation, environmental laws and regulations and seismic/building codes, laws and regulations. For purposes oft this Agreement, the term Hazardous Substances shall mean: "hazardous substance"as defined in the Comprehensive Environmental Response, Compensation and Liability Actof1980, as amended ("CERCLA"); hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976 ("RCRA") as amended; hazardous wastes, hazardous materials, hazardous substances, toxic waste, toxic materials, or toxic substances as defined in state or federal statutes or regulations; asbestos-containing materials, polychlorinated biphenyls; radioactive materials, chemicals known to cause cancer or reproductive toxicity; petroleum products, distillates or fractions; any substance the presence of which is prohibited by statute or regulation; and any substance for which any statute or regulation requires a permit ors special handling in its use, collection, storage, treatment or disposal.;  (f) There are no mechanics', materialmen's or similar claims or liens  presently claimed or which will be claimed against the Property for work performed or commenced prior to Closing. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses and charges arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or  commenced prior to Closing.  (g) Seller has made no untrue statements or representations in  connection with this Agreement, and all items transferred to Buyer on or before Closing are true and correct copies ofwhat they purport to be. Said items have not been amended or modified, other than as also transferred to Buyer, and no items that should have been set forth as exhibits hereto or transferred to Buyer on or before Closing have not been sO set forth or transferred. Seller has not failed to state or disclose any material fact in connection with the transactions contemplated by this  Agreement.  (h) None of the personal property being acquired by Buyer pursuant  to this Agreement, including, without limitation, the Leases, is subject to any outstanding security interest, other than in favor of beneficiaries of deeds oft trust  listed in the Preliminary Title Report.  2022 SOUTHI EPHRATA: SUBSTATION PROPERTY ACQUISITION    (i) Seller has the capacity and requisite authority to enter into and () Seller shall be solely responsible for any brokers, agents,  carry out this Agreement and the transactions contemplated hereby.  brokerage commission, finder's fee or like payment arising out of or in connection with the purchase and sale oft the Property. Seller shall indemnify and hold Buyer harmless from any claim, liability, loss or expense for any brokerage commission, finder's fee, acquisition fee, or like payment asserted against Buyer in connection  with the Property.  (k) Except as may have been otherwise expressly provided herein,  Seller shall not further encumber the Property or any ofthe improvements or  personal property thereon.  (I) There is no suit, action or arbitration, or legal or other proceeding (m)No part oft the Property constitutes a "wetland," as defined under (n) Seller is not a foreign person, nonresident alien, foreign  or governmental investigation pending which affects the Property. any federal, state or local law, ordinance or regulation.  corporation, foreign partnership, foreign trust, or foreign estate, as those terms are defined ini the Internal Revenue Code and the Income Tax Regulations promulgated  thereunder.  (o) Seller hereby agrees to defend, protect, indemnify and hold Buyer  harmless from any and all loss, damage, liability or expense, including attorneys' fees and costs, Buyer may suffer as a result of any breach of or any inaccuracy oft the foregoing representations and warranties. These representations and warranties shall  survive Closing.  9.  Representation ofl Buyer.  (a) Buyer has the capacity and requisite authority to enter into and (b) There is no pending or, to the best of Buyer's knowledge,  carry out this Agreement and the transactions contemplated hereby.  threatened lawsuit, or material claim against or relating to Purchaser that shall impede or materially affect Buyer's ability to perform the terms oft this Agreement. Agreement or in any instrument, document, certificate or statement furnished to Seller pursuant hereto, or in connection with the transactions contemplated hereby, contains or will contain any untrue statement ofar material fact.  (c) Full Disclosure. No representation or warranty by Buyer's in this  2022 SOUTHEPHRATASUBSTATION PROPERTY ACQUISITION    (d) Condition of Property. Buyera acknowledges that, within the  period described in Section 7, it will have conducted aj physical inspection and made alli investigations Buyer deems necessary in connection with its purchase ofthe Property. Upon waiver or satisfaction by Buyer of its contingencies pursuant to Section 7, Buyer will be deemed to have approved the physical condition ofthe Property and agrees to accept and purchase the same "AS IS, WHERE IS", including, without limitation, the existence or non-existence ofany pollutants, contaminants, hazardous waste, dangerous waste, toxic waste, underground storage tanks or contaminated soil, or the actual or threatened release, deposit seepage, migration or escape ofs such substançes at, from or into the Property and the compliance or noncompliance of the Property with applicable federal, state, county and local laws and regulations including, without limitation, environmental laws and regulations. Buyer acknowledges and agrees that, except to the extent of Seller's representations and warranties in Section 8 oft this Agreement, and to the extent of any fraud or deliberate misrepresentation by Seller, Seller shall have no liability for, and that Buyer shall have no recourse against the Seller for, any defect or deficiency ofany kind whatsoever in the Property including without limitation those relating to Hazardous Substances, without regard to whether such defect or deficiency was  discovered or discoverable by the Buyer or Seller.  (e) Indemnification. Buyer shall indemnify, defend, and hold Seller,  its officers, agents, and employees harmless from and against any and all claims and agency orders or requirements relating to or arising out of, directly ori indirectly, the  Property after closing. 10. Possession.  (a) Upon execution oft this Agreement, Buyer, through its authorized  agents, personnel and employees, shall be entitled to enter upon the Property during normal business hours to make suchi inspections or studies as Buyer may deem reasonably necessary, including without limitation soils and hazardous waste studies. Seller shall furnish to Buyer all information that Buyer may reasonably request. If this transaction fails to close, Buyer shall restore the Property ati its sole cost to substantially the same condition as when Buyer commenced its studies and tests. In connection with such inspections, Purchaser agrees tol hold harmless, indemnify and defend Seller, its officers, agents and employees, from and against all claims, losses, or liability, fori injuries, sickness or death of persons, including employees of Purchaser caused by or arising out ofany act, error or omission of Purchaser, its officers, agents, contractors, subcontractors or employees in entering Seller's property for the above purposes, to the extent not caused by or arising out of any act, error or omission of Seller, its officers, agents and employees. Prior to undertaking any activity or exercising any rights during the Due Diligence Period, Purchaser shall obtain, and subsequently maintain in full force and effect throughout the duration of any contract, commercial general liability insurançe in an amount not less than $1,000,000. Such policy shall name the City as an additional insured and  2022 SOUTHEPHRATA: SUBSTATION PROPERTY ACQUISITION    shall cover damage to property and persons resulting from or connected with any  activity of the Purchaser related to the Due Diligence Period.  (b) Full possession of the Property shall be delivered to Buyer by  Seller at Closing.  11. Seller's Remedy. Following waiver ofa all of Buyer's contingencies set forth in Sections 7(a), 7(b) and 7(c) above, ifthis transaction fails to close due to a breach by Buyer hereunder, the sole and exclusive remedy available to Seller as a result of such breach shall be to terminate this Agreement, whereupon Buyer shall deliver to Seller, at no cost to Seller, copies ofany reports, studies, or tests performed by Buyer or its agents inc connection with this transaction (excluding financial feasibility studies or other proprietary information). Seller hereby waives any other remedy it may have. 12. Buyer's Remedies. Ifthis transaction fails to close due to a breach by Seller hereunder, then, in addition to all other rights or remedies available to Buyer for Seller's breach oft this Agreement, including specific performance, Buyer shall have the right to terminate this Agreement upon notice thereofto Seller. Buyer, at its option, may elect to waive the performance of any condition, contingency or provision in Buyer's favor set forthi in this Agreement. Ifany condition to Closing shall not be satisfied, Buyer, at its option, may terminate this Agreement, and such termination, by itself, shall not be  deemed a breach hereunder. 13. Miscellaneous. shall be either:  (a) All notices, consents and approvals required by this Agreement  (i) personally delivered; or  (ii) placed in the United States mail, properly addressed and with full  first-class postage prepaid, certified mail with a return receipt. Said notices, consents and approvals shall be deemed received on the earlier of (x) the date actually received, or (y) forty-  eight (48) hours after being mailed as aforesaid. addresses, unless otherwise notified in writing:  Said notices, consents and approvals shall be sent to the parties hereto at the following  To Seller:  City of Ephrata 121 Alder St SW Ephrata, WA 98823 clo Igor Shaporda P.O. Box 878 Ephrata, WA 98823  Tol Buyer:  Public Utility District No. 2 of Grant County  2022 SOUTH EPHRATA: SUBSTATION PROPERTY ACQUISITION    (b) Attorneys' Fees. In the event that either party hereto brings an  action or proceeding fora a declaration ofthe rights ofthe parties under this Agreement, for injunctive relief, or for an alleged breach or default of, or any other action arising out ofthis Agreement or the transactions contemplated hereby the prevailing party in any such action shall be entitled to an award of reasonable attorneys' fees and any court costs incurred in such action or proceeding, including on appeal, in addition to any other damages or reliefawarded, regardless of whether  such action proceeds to final judgment.  (c) Entire Agreement and Amendments. This Agreement, together  with any Exhibits referred to herein constitute the final and complete expression between the parties hereto and supersedes any and all prior arrangements or understandings between thej parties. This Agreement can be amended only by a  writing signed by Buyer and Seller. reference and made aj part hereof.  (d). Exhibits. All exhibits attached hereto are hereby incorporated by (e) Destruction of Improvements. Should the improvements at the (i) terminate this Agreement without any liability to Buyer and recover  Property be destroyed or damaged prior to Closing, Buyer may:  all funds previously advanced by Buyer, and upon written notice to Seller this Agreement will  terminate upon receipt ofs said notice.  (f) Time oft the Essence. Time is oft the essence in connection with (g). Choice ofLaw. This Agreement and each and every related  each and every provision oft this Agreement.  document is to be governed by, and construed in accordance with, the laws of the  state in which the Property is situated.  (h). Successors. Except as otherwise provided herein, the provisions  and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns oft the parties hereto. However, Seller shall have no right to assign any ofits rights, privileges, duties or obligations under this Agreement or to convey or transfer the Property prior to Closing, without the prior written consent of Buyer. Buyer shall be entitled to assign Buyer's interest under this Agreement. Agreement are inserted solely for convenience of reference, and are not intended to govern, limit or aid int the construction ofa any term or provision hereof.  (i) Section Headings. The headings oft the Sections oft this  2022 SOUTHE EPHRATA SUBSTATION PROPERTY. ACQUISITION    () Waiver. No claim of waiver, consent or acquiescence with  respect to any provision oft this Agreement shall be made against either party except on the basis ofa written instrument executed by or on behalf of such party. A receipt by Seller ofa any payment due hereunder, with knowledge ofa any breach of this Agreement, shall not be deemed a waiver of such breach. The party for whose benefit a condition is herein inserted shall have the unilateral right to waive such  condition.  (k) Further Actions. Buyer and Seller agree to execute such further  documents, and take such further actions, as may reasonably be required to carry out the provisions ofthis Agreement, or any agreement or document relating hereto or  entered into in connection herewith.  () Counterparts. This Agreement may be executed in counterparts,  each of which, when combined, shall constitute one single binding agreement. IN WITNESS WHEREOF, the undersigned have executed this document as oft the day and  year first hereinabove written.  SELLER: Date: BUYER: Date:  Signature Print Name Signature Print Name  2022 SOUTHE EPHRATA: SUBSTATION: PROPERTY ACQUISITION    STATE OF WASHINGTON County of  Ihereby certify that I know or have satisfactory evidence that act for the uses and purposes mentioned in this instrument.  and  signed this instrument, on oath stated that they  are/were authorized to execute thisi instrument and acknowledged it to bet their free and voluntary  DATED:  Notary Public  Residing at My appointment expires:  STATE OF WASHINGTON County of and  Ihereby certify that Iknow or have satisfactory evidence that act for the uses and purposes mentioned in this instrument.  signed this instrument, on oath stated that they  are/were authorized to execute this instrument and acknowledged it to be their free and voluntary  DATED:  Notary Public  Residing at My appointment expires:  2022 SOUTH EPHRATA SUBSTATION PROPERTY, ACQUISITION    EXHIBIT"A"  LEGAL DESCRIPTIONOFTHEI PROPERTY  THE NORTH 20.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:  A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 261 EAST OF THE WILLAMETTE MERIDIAN, GRANT COUNTY, WASHINGTON, SAID PARCEL COMMENCING AT THE SOUTHEAST CORNER OF SECTION 28, SAID TOWNSHIP AND RANGE, A 2 INCH BRASS CAP IN. A MONUMENT CASE, FROM WHICH THE EAST QUARTER CORNER FOR SAID SECTION, A: 2 INCH BRASS CAP INA A MONUMENT CASE, BEARS NORTH 00°00"02" EAST 2,660.32 FEET; AND FROM WHICH THE SOUTH QUARTER CORNER FOR SAID SECTION, A 2 INCH BRASS CAP, BEARS SOUTH 87°36'28" WEST 2,599.68 FEET; THENCE FROM SAID SOUTHEAST CORNER SOUTH 87°36'28" WEST 40.03 FEET ALONG THE SOUTH LINE OF SAID SECTION 28 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 87°36'28" WEST 345.00 FEET; THENCE NORTH 00°00'02" EAST 635.00 FEET PARALLEL TO THE EASTL LINE OF SAID SECTION 28; THENCE NORTH 87°36'26" EAST: 345.00 FEET TO THE WEST RIGHT OF WAYLINE FOR DODSON ROAD NW.; THENCE SOUTH 00°00'02" WEST 635.00 FEET ALONG SAID RIGHT OF WAYLINE! BEING PARALLEL TO AND 40.00 FEET WEST OF THE EAST LINE OF SAID  BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:  SECTIONTOTHE TRUE POINT OF BEGINNING. CONTAINING 6,900 SQUARE FEET (0.16 ACRES).  2022 SOUTHE EPHRATA! SUBSTATIONI PROPERTY ACQUISITION    2022 SOUTHI EPHRATA! SUBSTATION PROPERTY ACQUISITION    CITYOF EPHRATA STAFF REPORT Mayor and City Council Leslie Trachsler, Finance Director May 26, 2022 Council Action  To: From: Date: Proceeding Type: Subject:  Accept 2021 Annual Financial Report Legislative History: June 01, 2022 N/A  First Presentation: Second Presentation: Requested Action:  Council Accept 2021 Annual Financial Report  Staff Report Summary: Review of the Annual Financial Report was conducted on May 17, 2022 with Council members Millard and McDonnell. Report was submitted to the State Auditor's Discussion/Analyss: The Annual Financial Report is prepared yearly for presentation to the State Auditor's Office as prescribed by the Budgeting Accounting Reporting System (BARS). Financially, the City is on solid ground. All funds were within budget, and the total cash balance  Office on May 24, 2022.  increased by 24%.  Staff Recommendation: Council accept the 2021 Annual Financial Report  Financial Implications: None June 01 meeting. Legal Review: N/A  Attachments: 2021 Annual Financial Report t-available on website and distributed to Council at  Page 1of1    CITY OF EPHRATA STAFF REPORT Mayor and City Council,  To: From: Date: Proceeding Type: Subject:  Bill Sangster, Public' Works Director June 15t,2022 Item for Council Action  Final approval of Sunwest Park: #2 Phase 2& 31 Major Plat  Legislative History: September 1, 2021  First Presentation: Requested Action:  Motion to approve thet final plat  Location of Proposal: The real property proposed for the final plat is located east of Chelan Street and between Grant Drive and Sunwest Dr. in Ephrata in a portion of the Southwest quarter of Section 28, Township 21 North, Range 26 East, WM, Grant County, Washington Impact: The approval of thei final plat will allow the filing of the plat with the County Auditor, completing the division of a portion of the property into 34 residential lots. The final plat conforms with the previously approved preliminary plat except for a minor alteration to Chelan Street. Chelan Street in now at thru-street rather than a cul-de-sac. Ephrata Municipal Code 18.04.735.C allows minor alterations before final plat approval with consent from the Required plat improvements are currently under construction but are not yet complete. Ephrata Municipal Code 18.04.715.D allows the developer to submit the final plat to City Council with a performance bond equal to 150% of the estimated cost of the required improvements. The developer has submitted such bond and it has been accepted by the city  (Grant County Assessor's Parcel #13-0436-011).  Community Development Director and Public Works Director.  to guarantee the required improvements will be constructed.  Pageiof2    Staff Recommendation: Staff recommends approval of Sunwest Park Division #2 Phase 2&  3N Major Plat. Attachments A. B. B.  Projectlocation  Sunwest Park #2 Phase 2& 3 Major Plat- 2 pages  Page2of2    GAIA GPS  Cokymtus Basin Honpital  Exhibit A  Declination: 16*  Road.14 Northwest:  Project Location  Road 12.9Northwest:  Gaia Topo (feet): o Gaia GPS, OpenStreewMap  WabMarcatorlEPSG 3857        CHELAN STREET   usue)