FINAL 2020 0922 Council Agenda PacketMoses Lake City Council
David Curnel, Mayor | Daryl Jackson, Deputy Mayor | Mike Riggs, Council Member | Karen Liebrecht, Council Member
Don Myers, Council Member | David Eck, Council Member| Dean Hankins, Council Member
REMOTE ACCESS ONLY
Citizens can join this meeting via phone by calling the numbers listed at the bottom of
the agenda or by audio only option https://zoom.us/j/93396432528
Tuesday, September 22, 2020, 7 PM
Regular Meeting Agenda
Call to Order – 7 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Summary Reports:
Mayor’s Report
Additional Business
City Manager’s Report
-New Hires: Deputy Clerk Jennifer Schober (Admin), Accountant Jesus Martinez (Finance),
Housing and Grants Coordinator Taylor Burton (Comm Dev), and Planning Permit
Technician Michelene Torrey (Comm Dev)
-Stratford Project
-Comprehensive Plan – Housing Action Plan Consultants Visit
Citizen’s Communications - Citizens who would like to address the Council can submit written
comments to the City Clerk no later than 3 p.m. on the day of the meeting. Comments will be
provided to Council electronically and recorded in the meeting minutes. Citizens who would like to
speak on matters during the meeting will need to contact the City Clerk no later than 3 p.m. on the day
of the meeting and provide the name or number you will use to access the virtual meeting.
Moses Lake Council Packet 9-22-20 Page 1 of 58
September 22, 2020, City Council Meeting Page 2
Consent Agenda Motion
All items listed below are considered to be routine and will be enacted by one motion. There will be
no separate discussion of these items unless a Council Member requests specific items to be removed
from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the
Consent Agenda.
#1 pg 4
a.City Council Meeting Minutes Dated August 25, 2020 and September 8, 2020
b.Claims and Payroll
Public Hearing - Citizens who would like to speak on this matter during the meeting will need
to contact the City Clerk no later than 3 p.m. on the day of the meeting and provide the name or
number you will use to access the virtual meeting.
#2 pg 36
Surplus Penn St Alley/Garro Quit Claim Deed and Easement Resolution 3827
Motion
Presented by Fred Snoderly, Municipal Services Director
Summary: Hear from public and consider adoption
Old Business
#3 pg 44
Homeless Site Lease Agreement Motion
Presented by Allison Williams, City Manager
Summary: Council to consider approval
New Business
#4
#5
pg 46
Nuisance Abatement Loop Drive Resolution 3825 Motion
Hearing: Citizens who would like to speak on this matter during the meeting
will need to contact the City Clerk no later than 3 p.m. on the day of the meeting
and provide the name or number you will use to access the virtual meeting.
Presented by Kevin Myre, Building Official
Summary: Council to conduct hearing, review and adopt resolution as presented
pg 57
Council Committees Assignments
Presented by Allison Williams, City Manager
Summary: Discussion
Administrative Reports
- Zoom v. Microsoft Teams Meeting Platform
Moses Lake Council Packet 9-22-20 Page 2 of 58
September 22, 2020, City Council Meeting Page 3
Adjournment
Zoom Meeting – Audio Only
When: Sep 22, 2020 07:00 PM Pacific Time (US and Canada)
Topic: City Council 9-22
Please click the link below to join the webinar:
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Moses Lake Council Packet 9-22-20 Page 3 of 58
Executive Session
- Performance of a Public Employee and Litigation pursuant to RCW 42.30.110(1)
subsections (g) and (i)
MOSES LAKE CITY COUNCIL August 25, 2020
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Curnel via remote access. Special notices for attendance and citizen comment were posted on the meeting agenda.
ROLL CALL
Present: Mayor Curnel, Deputy Mayor Jackson; Council Members Eck, Riggs, Liebrecht, Myers, and Hankins. Council Members Myers and Riggs were present at the start of the meeting but with initial audio access issues.
PLEDGE OF ALLEGIANCE
Council Member Myers led the Flag Salute. AGENDA APPROVAL
Mayor Curnel removed Consent item (h) Accept Police Pole Building Project from the agenda.
Action taken: Deputy Mayor Jackson moved to approve the Agenda as amended, second by Council Member Liebrecht. The motion carried 5 – 0.
SUMMARY REPORTS
MAYOR’S REPORT
Department of Ecology Outstanding Performance Award
Mayor Curnel received a letter to acknowledge the Wastewater Division’s award of
outstanding performance in 2019 at the Larson Wastewater Facility. The letter stated
they appreciate the extraordinary level of effort of the talented and proficient operators.
Grant County Mask Up Campaign Proclamation
The proclamation was drafted in coordination with the County Commissioners, Health
District, and other jurisdictions to implement precautionary measures and awareness for
the public to wear masks.
City Manager Evaluation
The Mayor and Council have developed an evaluation process in accordance with the employment contract for City Manager Allison Williams.
CITY MANAGER’S REPORT
Employee Promotion and New Hire Jovita Cantu was recently promoted to Permit Technician, her former position was Administrative Assistant to Community Development and Development Engineering.
Melissa Bethel has accepted the position of Community Development Director and will
join the team in October.
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CITY COUNCIL MINUTES – August 25, 2020
pg. 2
Lodging Tax Advisory Committee Meeting
A meeting will be held on August 31 for the LTAC members to review the 2020 funding
status and determine the 2021 funding applications details.
Love’s Travel Stop Project
The project has been in the process of permitting with the City since late 2018. The site was posted in October of 2019 in accordance with permitting processes. The City issued a Mitigated Determination of Non-Significance in December, with an appeal period ending in December. The State Department of Transportation and City staff will be collaborating on the transportation needs for this location beyond this permit. Staff and
Council appreciate the input that has been received on this project from the community and desire to improve outreach processes around land use issues. Governor’s Proclamation for Wildfire State of Emergency Fire Chief Brett Bastian has one crew dispatched to a fire in Omak in response to the
Governor’s Proclamation that was issued last week.
Tribal Code Amendment for Fireworks The Business Council of the Colville Tribes adopted a Resolution in August that defers approval of permits for fireworks on trust properties to the local jurisdiction.
Grant County Public Hearing on COVID-19 CDBG Funding Additional resources have been available for Counties and Cities working as a Consortium for this funding. The purpose of the public hearing is to review community development and housing needs, inform citizens of the availability of funds and eligible
uses of the state Community Development Block Grant (CDBG) funds, and receive comments on proposed activities. Time and remote access information was included in the Council Packet. CITIZEN COMMUNICATIONS
Love’s Travel Stop
Tom Jones, Lynda Wrynn, Kimberly Ashley, Michael Ziembowitz, and Carrie Nordberg provided comments in opposition of the project. One caller dropped connection prior to hearing from Robert Robinson, his comments were received for the record via email the following day.
CONSENT AGENDA
#1 a. City Council meeting minutes dated August 11, 2020 b. Claim Checks 149030 through 149187 in the amount of $1,110,042.55; Payroll Checks 63476 through 63506 in the amount of $29,068.15; Electronic Payments dated August 7 in the amount of $452,375.39; and Electronic Payments dated August 21 in the
amount of $445,748.91
c. Grant County Public Hospital District Abandon Easement Resolution 3817 d. Angle Parking Update Resolution 3820 e. Cascade Valley Policy to Build and Covenant f. Norco Industrial Discharge Permit Update
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CITY COUNCIL MINUTES – August 25, 2020
pg. 3
g. Accept Coolidge Water Main Project h. <item removed from agenda> i. Accept Street and Utility Improvements Sun Terrace 2 Resolution 3819
j. Accept Street and Utility Improvements Sun Terrace 3 Resolution 3822 Action taken: Council Member Myers moved to approve the Consent Agenda, second by Deputy Mayor Jackson. The motion carried 6 – 0.
NEW BUSINESS
#2 Fat Beam Franchise Ordinance 2954 Fat Beam, LLC, is requesting the City grant them a franchise to locate tele-communications infrastructure within certain rights-of-way to serve various buildings owned by the Moses Lake School District. Public hearing and first presentation of the
Ordinance occurred on August 11.
Action taken: Deputy Mayor Jackson moved to adopt the Ordinance as presented, second by Council Member Myers. The motion carried 6 – 0.
#3 MLMC Title 17 Update on Plat Extensions Ordinance 2955
The Planning Commission held a public hearing to consider the extension of preliminary
plat approvals. They recommended no change to the existing code and asked that the City
look for other administrative relief for the proponent of the change. The Planning
Commission reviewed Council’s action on August 13 and recommended that an
Ordinance with an18-month sunset amendment be presented to Council.
Action taken: Council Member Liebrecht moved to adopt the Ordinance following changing Plat
Administrator approval to City Council, changing the sunset year to 2023, as well as amending
Section B. as provided in a memo from Aho Construction; second by Council Member Myers. The motion carried 7 – 0. #4 Fire Apparatus Bond Ordinance 2956
The final step for Council action to finance the purchase of two fire apparatus currently
under contract to be built is to approve the bond ordinance and the interlocal agreement
with the State of Washington LOCAL program.
Action taken: Council Member Eck moved to adopt the Ordinance as presented, second by
Council Member Riggs. The motion carried 7 – 0.
#5 Plat Extensions Fee Schedule Resolution 3814
The Planning Commission recommends the City implement a fee of $250 to provide for
the administration of the plat extension application.
Action taken: Deputy Mayor Jackson moved to adopt the Resolution as presented, second by
Council Member Eck. The motion carried 7 – 0.
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CITY COUNCIL MINUTES – August 25, 2020
pg. 4
ADMINISTRATIVE REPORTS
Finance Director Cindy Jensen is working with staff to implement utility payment plans around
September 1 to residents effected financially by the COVID-19 pandemic.
City Manager Allison Williams advised that the Museum has submitted a re-opening plan to the
Grant County Health District.
Municipal Services Director Fred Snoderly provided a summary of the overall Stratford-Valley Road project and that completion is still scheduled for November 24. He also reviewed the daily
penalties to the contractor for not completing the project on schedule.
COUNCIL COMMUNICATIONS AND REPORTS
Council Member Liebrecht gave accolades to Communications & Marketing Specialist Lynne Lynch for sharing Columbia Basin Herald articles in the weekly report for Police and Fire, as
well as to the current Police and Fire staff. She also commended Wastewater staff for their
award from Department of Ecology. Deputy Mayor Jackson asked if the meeting agendas could be front and center on the website homepage for easier access to the public.
EXECUTIVE SESSION
Mayor Curnel called an Executive Session at 8:18 p.m. to be held for one hour pursuant to RCW 42.30.110(1) subsections (b), (c), (g), and (i) to discuss acquisition and sale of real estate, performance of a public employee, as well as litigation; and there will be no further business. The Mayor extended the Executive Session for 30 minutes.
ADJOURNMENT
The regular meeting was adjourned at 9:45 p.m.
______________________________________
David Curnel, Mayor
ATTEST____________________________________
Debbie Burke, City Clerk
Moses Lake Council Packet 9-22-20 Page 7 of 58
MOSES LAKE CITY COUNCIL September 8, 2020
STUDY SESSION Moses Lake Together – Visioning http://together.cityofml.com The City Council and Planning Commission scheduled a joint meeting to hear the Consultants
overview of the Comprehensive and Housing Action Plans. Erika Rhett from Berk Consulting
provided a PowerPoint presentation to illustrate the Growth Management Act requirements for planning. The Plan needs to be consistent with Grant County planning policies and allocate a 20-year population growth for the City. Additionally, she explained how the Capital Facilities Plan matches capital projects to the budget and funding options. She summarized content of the Land Use,
Housing, Transportation, and Capital Facilities and Utilities Elements of comprehensive planning; as
well as the community engagement process to achieve the objectives for content. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Curnel
via remote access. Special notices for attendance and citizen comment were posted on the meeting
agenda. ROLL CALL Present: Mayor Curnel, Deputy Mayor Jackson; Council Members Eck, Riggs, Liebrecht, Myers, and
Hankins. PLEDGE OF ALLEGIANCE Mayor Curnel and the City Council led the Flag Salute. AGENDA APPROVAL
Action taken: Council Member Hankins moved to approve the Agenda as presented, second by Council Member Eck. The motion carried 7 – 0. SUMMARY REPORTS MAYOR’S REPORT
Odom Corporation Anniversary Celebration and Staff Recognition Mayor Curnel is sending a letter to recognize the local, family-owned business for their 86th Business Anniversary and the 23 employees they currently employ here in Moses Lake.
CITY MANAGER’S REPORT City Council Budget Retreat A special meeting will be scheduled on Saturday, October 24, with staff for the annual budget workshop. CARES Act Funding The City originally received an allocation of $726,600 that was recently increased for an
Moses Lake Council Packet 9-22-20 Page 8 of 58
additional $363,300. The additional funds will supplement the existing budgeted categories such as the downtown outdoor business expansion, school resource officers, small business
grants, and utility payment assistance program.
Consent Agenda Content Discussion Council expressed concern on the number of items being voted on in one motion at the last meeting. Items placed on the Consent Agenda are routine or non-controversial and it’s used
to streamline each meeting. Council always has the opportunity to remove any item for any
reason for an individual discussion and vote. CITIZEN COMMENT Love’s Travel Stop
Tom Jones provided his perspective of the sequence of events by staff leading processing the
permit for the new project. He expressed concern for life safety and pollution to the environment that he believes will result from the development and requested Council to deny the development. Council Member Liebrecht expressed appreciation of the community and requested they contact City staff to learn what can and cannot be done by Council action. CONSENT AGENDA #1 a. Claim Checks 149188 through 149319 in the amount of $1,210.475.43; Payroll Checks 63507 through 63519 in the amount of $12,673.38; and Electronic Payments dated September 4, 2020, in the amount of $460,215.88 b. Dan and Robin Herring Easement Resolution 3823
c. Accept Sagecrest Utility Improvement Resolution 3824 Action taken: Council Member Hankins moved to approve the Consent Agenda as presented, second by Council Member Riggs. The motion carried 7 – 0. OLD BUSINESS #2 Homeless Program Overview and Site Options City Manager Allison Williams provided a PowerPoint presentation to outline the Mission of the Grant County Homeless Task Force, provide homeless statistics, summarize homeless resources, describe objectives for the HopeSource contract, and review the locations considered for location of a temporary homeless shelter. Council concurred to have staff
proceed with lease negotiations for the proposed property on E. Broadway. NEW BUSINESS #3 Lease Extension for The Learning Center The Garro’s have offered a 30-month lease extension for $3,100 per month in exchange for
the additional surplus property on Penn St. The market rate for leasing this space is $6,000 per month and the offer for the property surplus makes up the difference. A Public Hearing will be held on September 22 for the sale of the surplus property to include an easement for access to City utilities. Action taken: Council Member Hankins moved to authorize the City Manager to execute the
agreement, second by Council Member Eck. The motion carried 7 – 0.
Moses Lake Council Packet 9-22-20 Page 9 of 58
#4 Award Water Telemetry Upgrade The telemetry upgrade includes new communications radios, telemetry panels, and associated
electrical upgrades at well 30, reservoir, booster pump, and control valve locations throughout
the City’s water system. Farmer’s Electric out of Othello was the low bidder. Action taken: Council Member Myers moved to award the bid as presented, second by Council Member Eck. The motion carried 7 – 0.
#5 Halfway Diner, LLC Deviation Request The developer is requesting a deviation to move a sewer force main to the right-of-way off of the street and approval to use street curb cuts and swales for stormwater management.
Action taken: Deputy Jackson moved to approve the deviation request, second by Council
Member Liebrecht. The motion carried 7 – 0. #6 Accept City Storage Pole Building Project The project consisted of constructing a 5,000 square foot pole building, 1,575 feet of chain
link fence, as well as gravel and asphalt surfacing south of the Operations Building on Road 4
NE. The pole building will be used to store impounded vehicles and other City owned equipment. The completed project exceeded the original contract price due to additional asphalt needed to make the flow between gates better for vehicles. Action taken: Council Member Hankins moved to approve project, second by Council Member
Riggs. The motion carried 7 – 0.
#7 Quit Claim Deed Longview Right of Way Resolution 3821 This quit claim deed was offered at $10,000, which equates $0.61 per square foot and will allow the project at Longview and Kinder to get completed.
Action taken: Council Member Hankins moved to adopt Resolution 3821 as presented, second by Council Member Eck. The motion carried 7 – 0. ADMINISTRATIVE REPORTS
City Manager Allison Williams and City Clerk Debbie Burke provided an update to Council on the testing and issues experienced with using Microsoft Teams in comparison to the existing Zoom meeting platforms. Staff will continue to research, test, and provide a written comparison. COUNCIL COMMUNICATIONS AND REPORTS
Council Member Eck reported that the Lodging Tax Advisory Committee met and that applications will be accepted until October 2, 2020. The Committee will be meeting the following week and will present funding recommendations to Council on October 13. EXECUTIVE SESSION Mayor Curnel called an Executive Session at 7:50 p.m. to be held for 30 minutes pursuant to RCW
42.30.110(1) subsections (b) and (i) to discuss lease acquisition and litigation; and there will be no further business.
Moses Lake Council Packet 9-22-20 Page 10 of 58
ADJOURNMENT The regular meeting was adjourned at 8:25 p.m.
______________________________________ David Curnel, Mayor
ATTEST____________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 9-22-20 Page 11 of 58
To: Allison Williams, City Manager
From: Cindy Jensen, Finance Director
Council Meeting Date: September 22, 2020
Proceeding Type: Consent Agenda
Subject: Semi-Monthly Disbursement Report
The following amounts were budgeted and sufficient funds were available to cover these payments:
Claim Checks 149320 - 149459 $1,345,137.90 Payroll Checks 0063520 - 0063532 $12,133.54 Electronic Payments Payroll ACH –09/17/2020 $459,124.38
Summary
RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council.
RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place.
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Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: September 9, 2020
Proceeding Type: Public Hearing
Subject: Surplus Penn Street Property Resolution 3827
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
September 22, 2020
Motion
Staff Report Summary
The City Council should consider a request from Joe Garro to surplus and trade two (2) City
properties in exchange for a lease for The Learning Center: Property #1 is currently utilized
as a City roadway known as Penn Street; Property #2 is an alley that crosses the former
Penn Street Operations Complex.
The City owns and operates water and sewer mains located within the existing Penn Street
that serve two properties east of the properties previously sold. The City should also require
Mr. Garro to sign a Municipal Utility Easement in exchange.
Background
On the October 9, 2018, Council meeting, Resolution No. 3745 was adopted to approve the
sale of five (5) excess City properties, known as the Penn Street Operations Complex. The
deed following the resolution that was prepared and recorded, included only four (4) of the
properties.
Further research shows that the City still owns two (2) properties at the Penn Street
Operations Complex. The buyer of the other properties, Joe Garro, has expressed interest in
obtaining the remaining properties.
The Parks Department needs to continue offering programming at The Learning Center until
the new Larson Recreation Center is complete. They prefer to continue leasing space at the
current location until such time.
Moses Lake Council Packet 9-22-20 Page 36 of 58
Page 2 of 2
Joe Garro has offered to renew the lease for The Learning Center for thirty (30) months,
within the building in which it currently resides, at a rate that is significantly below market
rate, in exchange for the two (2) remaining properties. The lease savings is valued at
$87,000. Based on recent sales, the properties offered in trade are valued at $73,776.
Council should consider this request and surplus this property to complete the proposed
lease agreement.
Fiscal and Policy Implications
This property will no longer be a responsibility and encumbrance for the City of Moses Lake
to operate and maintain as a street that only serves one property owner. The long-term
operation and maintenance are a fiscal consideration.
Options
Option Results
• Adopt the resolution to surplus
property
Authorize the sale/trade of City property to
secure a 30-month lease for The Learning
Center.
• Take no action Property remains in city possession.
Staff Recommendation
Staff recommends City Council adopt the Resolution declaring two (2) Penn Street properties as
surplus.
Attachments
A.
B.
C.
Resolution with Legal Descriptions
Vicinity Map
Utility Easement
Legal Review
N-A
Moses Lake Council Packet 9-22-20 Page 37 of 58
RESOLUTION NO. 3827
A RESOLUTION DECLARING CITY OWNED REAL PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE IN A COMMERCIALLY REASONABLE MANNER Recitals:
1. The City of Moses Lake no longer requires the properties deeded to the City for municipal purposes, located in Section 14, Township 19 North, Range 28 East, W.M. 2. The properties are described as follows:
-Property Described in AFN 211699 (53’ x 600’: no parcel number assigned)
-Property Described as “Parcel 2” within AFN 1092403 (no parcel number assigned) Resolved:
1. The City of Moses Lake, Washington, declares that the real property owned by the City and described above is surplus. 2. The real property above can be disposed of and sold in a commercially reasonable manner.
Adopted by the City Council on September 22, 2020.
_______________________________
David Curnel, Mayor ATTEST:
__________________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 9-22-20 Page 38 of 58
PENN ST.
WHEELER ROAD
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Page 1 of 4
RECORD AND RETURN TO
Legal Department
City of Moses Lake
P.O. Box 1579
Moses Lake, WA 98837
MUNICIPAL EASEMENT
For and in consideration of the benefits derived and to be derived by Grantor herein, and other good
and valuable consideration, receipt whereof is hereby acknowledged, Grantor, JOE A GARRO and LORI P
GARRO, husband and wife, (hereinafter “Grantor”) hereby grants, conveys and warrants to Grantee, the
CITY OF MOSES LAKE (hereinafter “Grantee”) in Grant County, Washington, a Washington municipal
corporation, its successors and assigns, a perpetual, permanent, nonexclusive easement described in
Exhibit “B”, on, under, over, through and across the property described in Exhibit “A” by this reference
incorporated herein, for municipal purposes:
EXHIBIT A
PROPERTY LEGAL DECRIPTIONS (per Statutory Warranty Deed, AFN 1400255):
Parcel 1: Lot 1, Municipal Tract 2, as per Plat thereof recorded in Volume 8 of Plats, Page 27,
records of Grant County, Washington. 11-0048-000
Parcel 2: Lot 5, Commercial Plat, according to the plat thereof recorded in Volume 5 of Plats,
page 17, records of Grant County, Washington 09-1184-000
Parcel 3: Lot 6, Commercial Plat, according to the plat thereof recorded in Volume 5 of Plats,
page 17, records of Grant County, Washington. 09-1185-000
Parcel 4: That portion of the Southwest quarter of the Southeast quarter of Section 14,
Township 19 North, Range 28 East, W.M., Grant County, Washington, described as follows:
Beginning at the South quarter corner of said Section 14; thence North 89°48’00”East along the
South line of said Section, a distance of 1,319.98 feet to the Southeast corner of said Southwest
quarter of the Southeast quarter; thence North 00°24’35” East, a distance of 340 feet to the
True Point of Beginning; thence South 89°48’00” West, 273.43 feet to a point on the East line of
a tract conveyed to the City of Moses Lake by deed recorded November 2, 1953, under Auditor’s
file No. 211699; North 00°20’20” East, 53 feet; thence South 89°48’00” West, 600.69 feet to the
Southerly extension of the East line of a tract conveyed to Theodore E. Hulbert, etux, by deed
recorded September 21, 1976, under Auditor’s File No. 640180; thence North 00°15’20” West
(North 00°12’00” West according to said deed), a distance of 187 feet; thence North
Moses Lake Council Packet 9-22-20 Page 40 of 58
Page 2 of 4
89°48’00”East 876.30 feet to the East line of the Southwest quarter of the Southeast quarter of
said Section 14; thence South 00°24’35” West, 240 feet to the true point of beginning.
11-0018-000
Parcel 5: A parcel of land described in AFN 211699 as follows:
A portion of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section
Fourteen (14), Township Nineteen (19) North, Range Twenty-eight (28) E.W.M., Described as
follows:
From a point on the South Boundary line of said Section 14, 442 feet distant easterly from the
south 1/4 Section corner thereof; thence north 00°20’20” East a distance of 340 feet to the true
point of beginning;
Thence continue on the last above mentioned course a distance of 53 feet; thence easterly
parallel to the South boundary line of said Section 14 a distance of 600 feet; thence South
00°20’20” West a distance of 53 feet; thence Westerly parallel to the south boundary line of said
Section 14 a distance of 600 feet to the true point of beginning.
Parcel 6: A parcel of land described in “Parcel 2”, AFN 1092403 as follows:
A parcel of land lying in the Southeast quarter of Section 14, Township 19 North, Range 28,
E.W.M., records of Grant County, Washington, described as follows: Beginning at the South
quarter corner of said Section 14; thence North 89°48’00” East along the South line of said
Section 14, a distance of 425 feet; thence North 00°12’00” West 40 feet to the Southeast corner
of Commercial Plat as recorded in Volume 5 of page 17 of Plats, records of Grant County,
Washington, which point is the True Point of Beginning; continuing thence North 00°12’00”
West 300 feet along the East boundary of said Commercial Plat to the Northeast corner of said
Lot 6 of said Commercial Plat; thence North 89°48’00” East, 20.20 feet to the Northwest corner
of Municipal Tract No. 2, as per the plat recorded in Volume 8 of Plats, page 27; thence South
00°20’20” West along the West line of Municipal Tract No. 2, a distance of 300 feet; thence
South 89°48’00” West, 17.38 feet, more or less, to the True Point of Beginning.
Auditor’s Parcel Numbers: P1: 11-0480-000
P2: 09-1184-000
P3: 09-1185-000
P4: 11-0018-000
P5: No parcel number assigned
P6: No parcel number assigned
EXHIBIT B
EASEMENT LEGAL DESCRIPTIONS:
That portion of the Southeast quarter of Section 14, Township 19 North, Range 28 East, W.M.,
more particularly described as follows:
A 10 foot wide municipal utility easement, being 5 feet on each side of the centerline of the
existing water mains and appurtenances and which runs the entire length of the water main and
appurtenances as constructed, contained within those parcels described in Exhibit A.
TOGETHER WITH
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That portion of the Southeast quarter of Section 14, Township 19 North, Range 28 East, W.M.,
more particularly described as follows:
A 20 foot wide municipal utility easement, being 10 feet on each side of the centerline of the
existing sewer mains and appurtenances and which runs the entire length of the sewer mains
and appurtenances as constructed, contained within those parcels described in Exhibit A.
SUBJECT TO THE FOLLOWING:
1. Grantee shall have the right at all times to enter the premises described for municipal purposes.
2. Said grant of easement is for a public use and shall include all rights reasonably necessary or
incident for Grantee’s municipal purposes, including the rights of ingress and egress.
3. Grantor shall not use or make use of the property described herein so as to interfere with,
impede, restrict, or otherwise conflict with Grantee’s use of this easement. Grantor may grant
easements to others in the area of the easement so long as such easements are not in conflict
with nor interfere with this easement granted to the City of Moses Lake. Any additional
easements granted shall reference this easement and Grantor shall be responsible to the City of
Moses Lake for any damage to its property or interference with the easement granted herein.
4. This grant of easement is a covenant running with the land and shall be binding upon the heirs,
personal representatives, successors and assigns of both parties.
IN WITNESS WHEREOF this easement is executed as of this ______day of _________, 2020
By__________________________________
JOE A GARRO
By__________________________________
LORI P GARRO
Washington State
Grant County
I certify that I know or have satisfactory evidence that JOE A GARRO signed this instrument, on oath
stated that he is authorized to execute the instrument and acknowledged it to be the free and voluntary
act for the purposes mentioned in the instrument.
Dated_______________________________________
____________________________________________
(Print Name)
________________________________, Public Notary
(Signed)
My appointment expires________________________
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Washington State
Grant County
I certify that I know or have satisfactory evidence that LORI P GARRO signed this instrument, on oath
stated that he is authorized to execute the instrument and acknowledged it to be the free and voluntary
act for the purposes mentioned in the instrument.
Dated_______________________________________
____________________________________________
(Print Name)
________________________________, Public Notary
(Signed)
My appointment expires_______________________
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STAFF REPORT
To: Mayor David Curnel, Council Members
From: Allison Williams, City Manager
Date: September 17, 2020
Proceeding Type: Old Business
Subject: Consideration of Lease for Homeless Site
Legislative History:
• First Presentation:
• Second Presentation:
• Action:
May 12, 2020
August 25, 2020
Motion
Overview
The City has had the opportunity to provide a solution for the homeless situation in the City with
the COVID-19 Emergency Shelter funds. At the last regular meeting, the City Manager provided
an overview of the process that has taken place, which resulted in a preferred site and the
recommendation to move forward with negotiation of a lease for the site at 1049 E. Broadway
for homeless camp purposes.
As a part of the decision, members of the Housing Committee have visited with neighboring
businesses. The issue has been covered in local media, the presentation has been on the cover of
the City’s webpage, and letters were sent to businesses surrounding the project. In addition, the
City Manager and Chief Fuhr have had conversations with several of the businesses. Concerns
expressed by local businesses were the security of the site, use of the site when not open
(loitering), offsite concerns (ability to trespass), decrease of property values, and the long term
solution for the homeless population.
The E. Broadway site is being patterned after a similar development in Walla Walla, where the
site was accompanied by rules of operation and updates to the City’s anticamping ordinances.
Taylor Burton, newly hired Housing/Grants Coordinator, visited Walla Walla along with
HopeSource, who is contracted to provide site management in partnership with the City to
confirm site needs/budget.
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Staff believes that concerns can be addressed in the design and management of the site. The
proposed lease calls for the demolition of the existing building, as well as clearing and a view
obscuring fence of the site. The draft lease has been provided to Council separately and an
updated budget / project details will be provided at the meeting. A number of business
representatives have signed up to provide comments on the project to Council during the
September 22 meeting.
Financial Overview: The cost of the lease will be offset by CARES Act funds and COVID-19 funds that were programmed for use in 2019. An updated budget will be presented at the Council meeting. In addition, Grant County Commissioners confirmed on Tuesday, September 15, 2020, that the City would be programmed for 23.17% of the recording fee funds to assist with ongoing homeless program management costs. Options
Option Results
• Authorize the City Manager to execute
the lease
Staff moves forward with the implementation of
the camp
• Take no action The timelines for the use of the grant funds are
ending and the operation will not be able to
move forward.
Staff Recommendation
Staff recommends moving forward with the lease.
Legal Review
Lease forwarded for review September 17, 2020.
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STAFF REPORT
To: Allison Williams, City Manager
From: Kevin Myre, Building Official
Date: September 8, 2020
Proceeding Type: New Business
Subject: Nuisance Abatement – 712 W. Loop Drive Resolution 3825
Legislative History:
• First Presentation: September 22, 2020
• Second Presentation:
• Action: Motion
Staff Report Summary
Attached is a resolution providing for the abatement of a nuisance at 712 W. Loop Drive, owned
by Daniel Peters. The Council should hold a hearing to consider the allegations of the Code
Enforcement Officer that the property contains a public nuisance which has not been corrected.
If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the
City to remove the public nuisance.
Background
The code enforcement matter at 712 W. Loop Drive was found by Code Enforcement Officer Tina
Jewell while on a routine patrol of the City. In accordance with MLMC 8.14, Nuisances, the site
was inspected and determined to be a nuisance pursuant to MLMC 8.14. See attached August 11,
2020 Notice of Violation and Order to Correct or Cease Activity
Fiscal and Policy Implications N/A
Options
Option Results
• Adopt the Resolution abating the
existing nuisance at 712 W. Loop Drive
Compliance with MLMC 8.14, Nuisances
• Take no action Non-Compliance with MLMC 8.14, Nuisances
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Staff Recommendation
Staff recommends the City Council to conduct the hearing and consider abating the existing
nuisance at 712 W. Loop Drive by adopting the Resolution as presented.
Attachments
A. Resolution No. 3825
B. Code Enforcement Exhibits 1-4
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Resolution Nuisance Abatement September 22, 2020
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RESOLUTION NO. 3825
A RESOLUTION DETERMINING THAT DANIEL PETERS IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND
Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the
real property located at 712 W Loop Drive (Lot 13 Knolls Vista 12th ADD), Parcel
1004430000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030.U. The records of Grant County show the owners of the subject property to be Daniel Peters, 712 W. Loop Drive, Moses Lake, WA.
2. Notice. On August 21, 2020, the Code Enforcement Officer caused to be delivered by regular
mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject
property. On September 8, 2020, the Code Enforcement Officer caused to be delivered to
Daniel Peters a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of September 22, 2020. Such notice was in writing, in the English language and was delivered by certified mail and regular mail to the record owners of the subject property.
3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030.U – Nuisance Defined. Each of the following
conditions, unless otherwise permitted by law, is declared to constitute a public
nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter.
3.2 Except for any designated public park land, natural area, or environmentally sensitive
area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12”) in height measured above the ground.
a. The above exception may be waived, and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property.
b. All maintenance shall be done in a manner so that soil stability will not be disrupted
or disturbed. Grass, weed, or vegetation control shall not include plowing, discing,
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or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and
which shall be approved by the city prior to any plowing, discing, or scraping is
implemented immediately. 3.3 Compliance shall be required as follows:
a. Property with no sidewalk/activity trail or residential dwelling on the property
shall be exempt. b. Property with sidewalk/activity trail but no residential dwelling on the property shall be required to control the vegetation ten feet (10’) from the back of the
sidewalk/activity trail.
c. Property with sidewalk/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property.
4. Hearing. On September 22, 2020 the Moses Lake City Council conducted a hearing to
consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose.
All interested persons were permitted to provide written or oral evidence relevant to the issue.
5. Evidence: 5.1. The following persons testified under oath:
Tina Jewell, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings:
EXHIBIT #1: Pictures taken by Code Enforcement Officer of the property located at
712 W. Loop Drive. EXHIBIT #2: Notice to Correct dated July 28, 2020 from the Code Enforcement Officer addressed to Daniel Peters, 712 W. Loop Drive, Moses Lake, WA 98837.
EXHIBIT #3: Notice of Violation and Order to Cease Activity dated August 11, 2020 from the Code Enforcement Officer addressed to Daniel Peters, 712 W. Loop Drive. EXHIBIT #4: Letter dated September 8, 2020, from the Code Enforcement Officer to
Daniel Peters advising the property owner of the hearing regarding abatement of
property, scheduled for September 22, 2020. 6. Resolved:
6.1 A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at
712 W. Loop Drive, Moses Lake, Washington. Daniel Peters, 712 W. Loop Drive, are
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the record contract owners of the subject property per the records of Grant County.
6.2 The public nuisance located upon the subject property consists of:
6.2.1. Grasses and weeds in excess of 12” inches in height. 6.3 The maintenance of these public nuisance violations on the subject property by the record
owner is detrimental to the health, safety, welfare, peace and tranquility of the residents
of the City impacting the quality of life and diminishing property values. 6.4. Daniel Peters, the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed
to the satisfaction of the Code Enforcement Officer. Those improvements include the
following: 6.4.1 Grasses and weeds must be cut down and removed.
6.5 City staff shall provide a status report to City Council on the progress of the record contract
owners and occupant to make the cleanup required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager.
All costs of any removal of the identified public nuisances done at City expense shall be
recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6.6 A copy of this resolution shall be provided to the record contract owner by certified and
regular mail after its approval by the City Council.
Adopted by the City Council of Moses Lake, WA on September 22, 2020.
___________________________________ David Curnel, Mayor
ATTEST: ___________________________________
Debbie Burke, City Clerk
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STAFF REPORT
To: Mayor David Curnel, Council Members
From: Allison Williams, City Manager
Date: September 17, 2020
Proceeding Type: New Business
Subject: Council Committees
Legislative History:
• First Presentation:
• Second Presentation:
• Action:
City Manager Report September 8
September 22, 2020
Discussion / Action October 13, 2020
Overview: The City Council has operated by the Rules of Governance which have not been updated for several years. The City Manager has discussed the addition of Council committees which would need to be recognized in new operating polices (simplified Rules of Governance under consideration of staff). The standing committees recommended are Municipal Services/Community Development, Finance, and Public Safety. If there are parks issues, they would typically come before the Municipal Services/Community Development committee. The recommendation is to have Municipal Services/Community Development and Finance committees meet monthly and Public Safety every other month to start. Depending on availability of Council Members, these meetings can take place during the workday. The City Manager is recommending discussion at this meeting, and then appointment of Council Members at the October 13 meeting, with the first committee meetings to take place in November. Financial Overview: Particularly for items that have a financial impact on the City, this provides an extra level of review before items come before Council for final decision. Options
Option Results
• Take action to move forward with
Committees
Appointment AB October 13, 2020
• Take no action. Council organization continues as is.
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Staff Recommendation
Staff recommends moving forward with the organizational change.
Legal Review
Legal will eventually review of new Rules of Procedure.
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