2019 0226 Council Agenda Packet Moses Lake City Council
Karen Liebrecht, Mayor | David Curnel, Deputy Mayor | Mike Riggs, Council Member | Don Myers, Council Member
Daryl Jackson, Council Member | Ryann Leonard, Council Member| Dean Hankins, Council Member
Study Session
February 26, 2019, 6:00 PM
Study Session – 6:00 pm
Ambulance Billing Process MLMC Title 2.30
Presented by John Williams, City Manager
The purpose of the study session is to allow the city council to discuss matters informally and in greater detail than permitted at
formal council meetings. While all meetings of the council are open to the public, study sessions discussions are generally limited to
the council, city staff and consultants.
City Council Meeting Agenda
February 26, 2019, 7:00 PM
Call to Order – 7:00 pm
Roll Call
Pledge of Allegiance
Summary Reports:
Mayor’s Report
Additional Business
City Manager’s Report
Citizen’s Communications – Identification
Citizens who would like to address the Council must complete one of the blue speaker request cards and submit it to the
City Clerk. There is a (5) minute time limit per speaker.
Presentations
WSDOT Hwy 17 / Stratford Rd Corridor Study – Traffic Consultant Christina Wollman w/Perteet Eng.
Grant County EDC Report
Homeless Ad Hoc Committee Report
February 26, 2019, 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 a. City Council Meeting Minutes dated February 11, 2019
b. Bills and Checks
c. Award Bid for Sand Dunes Irrigation Piping and Power
d. Award Bid for Lauzier Complex Scoreboard Installation
Old Business – none scheduled
New Business
#2 North Pointe Manufactured Home Park Deferral Request Motion
Presented by Gil Alvarado, Deputy City Manager
Summary: Council to review and approve with covenant
#3 Lakeshore Drive Road Improvement Covenant Resolution 3756 Motion
Presented by Fred Snoderly, Municipal Services Director
Summary: Council to review and consider adopting resolution as presented
Executive Session
RCW 42.30.110(1)(c) – To discuss the Sale of Property
Administrative Reports
Council Communications and Reports
Adjournment
MOSES LAKE CITY COUNCIL
February 11, 2019
CALL TO ORDER:
The special meeting of the Moses Lake City Council was called to order at 7:00 p.m. by Mayor
Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake,
Washington. ROLL CALL:
Present: Mayor Liebrecht; Council Members Jackson, Myers, Leonard, Riggs, and Hankins.
Absent: Deputy Mayor Curnel.
Action taken: Council Member Leonard moved to excuse Deputy Mayor Curnel, second by Council Member Riggs. The motion carried 6 – 0.
PLEDGE OF ALLEGIANCE:
Council Member Riggs led the Council in the Pledge of Allegiance. SUMMARY REPORTS:
MAYOR’S REPORT
Mayor Liebrecht recommended appointment of Greg Nevarez to the Park & Recreation Advisory Board.
Action taken: Council Member Leonard moved to confirm the appointment of Greg Nevarez, second by Council Member Riggs. The motion carried 6 – 0.
CITY MANAGER’S REPORT Lakeshore Drive Road Improvement Covenant City Engineer Richard Law reviewed the project history and advised that there are 15
properties who have an outstanding covenant totaling $108k. The Council can call the
covenants so the next phase of the project can occur and can offer to contract with owners who are unable to pay in full. Council requested the topic be put on the next agenda and for staff to mail a meeting notice to all parties with an open covenant.
CONSENT AGENDA
#1 a. City Council meeting minutes January 22nd b. Claims in the amount of $1,0625,950.36; prepaid claim checks in the amounts of $16,276.06, $1,627.03, $2,000.00, $4,000.00, $121,684.23, $662.06, $88,319.20, and $2,471.79; claim checks in the amount of $1,354,139.23; and payroll checks
in the amounts of $382,249.70 and 372,639.88
c. Award Bid for Dunes Treatment Plant Well (Biosolids) d. Accept Grand Drive Construction Project e. Accept Barrington Point 4A Major Plat Improvements Resolution 3755
Action taken: Council Member Riggs moved to approve the Consent Agenda, second by Council
Member Hankins. The motion carried 6 – 0.
CITY COUNCIL MINUTES – February 11, 2019
pg. 2
OLD BUSINESS
#2 Fire Code Amendment MLMC 16.52 Ordinance 2920 First presentation of the draft ordinance occurred on January 22nd. The ordinance will amend installation and maintenance of automatic fire extinguishing and alarm systems.
Action taken: Council Member Leonard moved to adopt Ordinance 2920, second by Council Member Hankins. The motion carried 6 – 0.
NEW BUSINESS #3 Build on Unplatted Property – PerforMix Resolution 3756 The proposed request is to build three bulk storage vessels for molasses and to extend the
fire line to add a fire hydrant at 3146 Road N NE. Action taken: Council Member Jackson moved to adopt Resolution 3756, second by Council Member Myers. The motion carried 6 – 0. #4 Facility Use Fee Schedule Update Resolution 3754 Staff provided a new policy for facility rentals to Council on January 22nd. Council requested the proposed fees located within the rental policy be presented for formal adoption.
Action taken: Council Member Hankins moved to adopt Resolution 3754, second by Council
Member Jackson. The motion carried 6 – 0.
#5 Pure Country Harvest Nonconforming Use This is a slaughter and meat packing facility that has been in operation since 1951. The present owner is requesting to add 400 SF to the existing loading dock for an additional
cooler unit as well as 2,500 SF to the southern area of the building for additional cooler storage. The Planning Commission conducted a Public Hearing on January 10th and recommends Council approve the request as presented. Council thanked the owners and asked them to continue research of noise mitigation options at the facility.
Action taken: Council Member Hankins moved to accept the Nonconforming Use as presented, second by Council Member Riggs. The motion carried 6 – 0.
#6 Reject Bids for Mini Storage
Staff opened two bids on February 6th for the rebid of this project. Both bids exceeded
the Engineer’s Estimate of $474,252.87. Staff offered to look into the use of alternative building materials or consider building a facility in multiple phases. Action taken: Council Member Leonard moved to reject the bids for the 2019 Mini Storage and
to rebid the project, second by Council Member Myers. The motion carried 6 – 0.
CITY COUNCIL MINUTES – February 11, 2019
pg. 3
ADMINISTRATIVE REPORTS
City Manager Williams advised that the AWC City Action Days scheduled in Olympia this week
were cancelled earlier today due to inclement weather conditions that recently occurred and are anticipated to worsen. Deputy City Manager Alvarado has arranged a presentation from the Grant County EDC to share their new branding program at the next City Council meeting.
Municipal Services Director Fred Snoderly provided an update on plowing streets as a result of the Snowmaggedon which occurred over the prior weekend. COUNCIL COMMUNICATIONS AND REPORTS – no action taken.
EXECUTIVE SESSION Mayor Liebrecht called an Executive Session at 7:45 p.m. to be held for 15 minutes pursuant to RCW’s 42.30.110(1)(b) and 42.30.110(1)(i)(A) to discuss Property Acquisition and Pending
Litigation followed by an adjournment of tonight’s meeting and a closed session to discuss labor relations.
ADJOURNMENT The regular meeting was adjourned at 8:00 p.m.
______________________________________
Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk
Page 1 of 2
CITY OF MOSES LAKE
STAFF REPORT
To: John Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: February 20, 2019
Proceeding Type: Consent Agenda
Subject: Award 2019 Sand Dunes Irrigation Piping and Power Project
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
February 26, 2019
Motion
Staff Report Summary
On February 20th staff opened bids for the 2019 Sand Dunes Irrigation Piping and Power Project.
The City received twelve (12) bids for the work. The low bid was $105,409.93 and the Engineer’s
Estimate was $181,467.47.
Background
The 2019 budget includes money for completing these improvements. This project includes
installing approximately 4,500 feet of irrigation main line and direct bury power line. The ground
has been leased to a farmer that will grow crops that will use City biosolids for fertilizer. This will
save the City the cost of having to haul the biosolids from the plat to farms across the county.
The low bidder, Joe’s Excavation of Othello Washington, has just successfully worked on projects
within the City of Moses Lake.
Page 2 of 2
Fiscal and Policy Implications
The project will require budgeted funds to be spent.
Options
Option Results
• Award the 2019 Sand Dunes Irrigation
Piping and Power Project to the lowest
bidder
Staff will move forward with executing a
contract with the low bidder to complete the
work.
• Take no action Staff will stop working on this project and wait
for further direction from City Council.
Staff Recommendation
Staff recommends accepting the bid for the 2019 Sand Dunes Irrigation Piping and Power Project
from Joe’s Excavation in the amount of $105,409.93.
Attachments
A. Bid Summary
Legal Review
N-A
Page 1 of 2
CITY OF MOSES LAKE
STAFF REPORT
To: John Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: February 21, 2019
Proceeding Type: Consent Agenda
Subject: Award 2019 Lauzier Complex Scoreboard Installation Project
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
February 26, 2019
Motion
Staff Report Summary
On February 7th staff opened bids for the 2019 Lauzier Complex Scoreboard Installation Project.
The City received two (2) bids for the work. The low bid was $51,347.50 and the Engineer’s
Estimate was $48,645.00. The other bid was for $64,319.50.
Background
The 2019 budget includes money for completing these improvements. This project includes
installing 5 new scoreboards at the Lauzier Athletic Complex with the associated electrical wiring
for power.
Northeast Electric, LLC. has successfully worked on projects within the City of Moses Lake.
Fiscal and Policy Implications
The project will require budgeted funds to be spent.
Page 2 of 2
Options
Option Results
• Award the 2019 Lauzier Complex
Scoreboard Installation Project to the
lowest bidder
Staff will move forward with executing a
contract with the low bidder to complete the
work.
• Take no action Staff will stop working on this project and wait
for further direction from City council.
Staff Recommendation
Staff recommends accepting the bid for the 2019 Lauzier Complex Scoreboard Installation Project
from Northeast Electric, LLC in the amount of $51,347.50.
Attachments
A. None
Legal Review
N-A
Page 1 of 2
CITY OF MOSES LAKE
STAFF REPORT
To: John Williams, City Manager
From: Gilbert Alvarado, Deputy City Manager
Date: February 20, 2019
Proceeding Type: New Business
Subject: Deferral & Deviation Request – North Pointe Manufactured
Home Park
Legislative History:
• First Presentation: February 26, 2019
• Second Presentation:
• Action: Motion
Staff Report Summary
Attached is a request from Western Pacific Engineering on behalf of property owners, Fei Fei Ya,
LLC. for a deferral of street improvements to Arlene Lane and Owen Road, as well as the
extension of Ray Road. North Pointe Manufactured Home Park is located at 4727 NE Owen Road.
Background
The original binding site plan was created within Unincorporated Grant County, which met Grant
County development standards at that time. The site was ultimately annexed into the Moses
Lake City Boundary, prior to finalization of the Park. The owners desire to continue the phased
project with a proposed 30 lot addition.
The project is located in the southernmost portion of the neighborhood and improvements to
the road system would make better sense to be developed at such time the surrounding
improvements occur.
Additionally, the extension of Ray Road is not practical due to the configuration and lack of use at
this time.
Page 2 of 2
Fiscal and Policy Implications N-A
Options
Option Results
Motion to allow request. The proposed project can move forward to add
30 additional lots.
• Modify the request Provide staff with specific changes.
• Take no action. The proposed phase would not be completed
and the manufactured home park would
remain as-is.
Staff Recommendation
Staff recommends the City Council grant the request for deferral with a covenant to
improvements and deviation to the extension of Ray Road, as recommended by the Planning
Commission.
Attachments
A. Request Letter
B. Site Plan
C. Covenant
Legal Review N-A
Return Address:
Legal Department
City of Moses Lake
PO Box 1579
Moses Lake, WA 98837
COVENANT AND
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
With L.I.D. Waiver
THIS AGREEMENT made and entered into on the _____ day of __________________, 20____,
by and between the City of Moses Lake, a municipal corporation of the State of Washington, hereinafter
referred to as “City”, and Fei Fei Ya LLC, hereinafter referred to as “Property Owner(s)”,
WITNESSETH:
WHEREAS, the Property Owner(s) is (are) the owner(s) of real property in the City of Moses
Lake, County of Grant, State of Washington, located at 4727 Owen Road and described as Lot 1
Gateway Park Short Plat and shown on Exhibit A, attached hereto; and,
WHEREAS, the Property Owner(s) desire(s) to make certain improvements or develop the
above-referenced property; and,
WHEREAS, in connection with the improvement or development of such property, certain
street-public works improvements would need to be made or otherwise provided for; and,
WHEREAS, the Property Owner(s) desire(s) to defer those street-public works improvements to
a later time, and has (have) requested agreement by the City for such deferral; and,
WHEREAS, it is the desire of the Property Owner(s) that the terms upon which certain
improvements will be required in the future to be placed upon the premises shall become covenants
running with the land and shall be binding upon the land and all present and subsequent owners and
persons dealing with the same.
NOW THEREFORE, based upon good and valuable consideration, the sufficiency of which is
hereby acknowledged, IT IS AGREED as follows:
1. DELAY OF IMPROVEMENTS
In connection with this agreement, and in connection with the development and/or
improvement to the land of the Property Owner(s), the City agrees to allow the Property
Owner(s) to delay the making, constructing, installing and providing for the street-public works
improvements identified and set forth in paragraph 4 of this agreement.
2. CONSTRUCTION OF IMPROVEMENTS
The Property Owner(s) hereby agree and covenant that he/she/they shall construct or caused
to be constructed the deferred improvements described below at his/her/their expense upon
determination by the City of Moses Lake that the improvements have become necessary, or in
event the City determines to construct the improvements as part of a public works project, then
the property owner, or owners, shall make payment to the City of Moses Lake of the pro-rata
share of the cost of the project, including but not limited to engineering, construction,
inspection and other project related expenses, which benefits the property of the Property
Owner(s), described on Exhibit “A” attached hereto and incorporated herein by this reference.
In the event that said property is subdivided in the future, the Property Owner(s) agree to
include as a condition of sale and/or a restrictive covenant the condition that the obligations to
make, construct, install or provide for the street-public works improvements identified and set
forth in paragraph 4, below, shall apply to the subdivisions and future sales of portions of the
property identified on Exhibit “A”, and that the aforesaid pro-rata fair share of each portion of
the property shall be computed by dividing the total assessment applicable to the original parcel
amongst the subdivided lots on an area basis.
It is further provided that in consideration of the benefits hereof, should the City wish to pursue
the identified improvements through a Local Improvement District (LID) project, the Property
Owner(s) hereby waive(s) all rights to protest the formation of such LID for the construction of
said improvements. For purposes of this Instrument, “rights of protest” shall mean only those
formal rights to protest contained within the LID statutes, except, however, nothing herein shall
constitute a waiver by the Property Owner(s) or the heirs, assigns or successors in interest of the
Property Owner(s), of the right to object to the individual assessment amount or to appeal to
the Superior Court for the County in which the property is located the decision of the Council
affirming the final assessment role, which rights are specifically preserved.
The determination of the City of Moses Lake shall be conclusive.
3. NOTICE AND TIME OF CONSTRUCTION
The obligation of the Property Owner(s) to make, construct, install and provide for the
street/public works improvements described and set forth in paragraph 4, below, shall arise
upon not less than thirty (30) days prior written notice to the Property Owner(s) by the City.
The time by which the Property Owner(s) shall make, construct, install or provide for said
improvements shall be not later than six (6) months after the written notice by the City. If the
Property Owner(s) fail to make, construct, install or provide for the improvements, or otherwise
arrange for the construction and installation of such improvements, then the City shall be
entitled and authorized to make, construct, install or provide for such improvements and bill the
Property Owner(s) for the costs incurred in connection therewith. Any such billing by the City to
the Property Owner(s) shall be paid by the Property Owner(s) within sixty (60) days of the
billing, unless other arrangements are made in advance.
4. DESCRIPTION OF IMPROVEMENTS
The improvements to be included in connection with this agreement shall be as follows:
Streets: Construct full width street improvements on Owen Road and Arlene Lane for the length
of the plat and extend Ray Road the length of the plat as required by City design standards or
pay to the City the Property Owner’s share of the cost of any of these improvements when
completed by others.
Fire Hydrants: Install fire hydrants along all interior and exterior streets fronting the plat or pay
to the City the Property Owner's share of the cost when installed by others.
Street Lights: Dedicate easements for and install street lighting circuitry and street lights in
accordance with plans and specifications prepared by the Grant County Public Utility District and
approved by the City Engineer.
Construction Standards: These improvements shall be designed and constructed to current City
standards at the time of construction.
5. NONEXCLUSIVE REMEDIES
In addition to any and all other remedies available to the City, at law or in equity, if the Property
Owner(s) fail to make, construct, install or provide for the improvements, or otherwise arrange
for the construction and installation of such improvements, then the City shall be entitled and
authorized to make, construct, install or provide for such improvements and bill the Property
Owner(s) for the costs incurred in connection therewith, and/or file a lien on the property of the
Property Owner(s) for the amount of the City’s full costs and expenses therefor, and enforce the
lien in accordance with legal process. Any such billing by the City to the Property Owner(s) shall
be paid by the Property Owner(s) within sixty (60) days of the billing, unless other arrangements
are made in advance.
6. BINDING ON HEIRS, ASSIGNS
This agreement shall be binding on the heirs, assigns and successors in interest of the parties
hereto, and all other persons claiming an interest in the premises or any portion thereof, and
the obligations hereunder shall run with the land described in Exhibit “A”. The liability for the
cost of the installation of the improvements, the construction of which is delayed by this
agreement, is joint and several to the entire premises and any lots, tracts, parcels, or divisions of
the premises.
7. CONSTRUCTION AND VENUE
This agreement shall be construed in accordance with the laws in the State of Washington. In
the event of any litigation regarding the construction or effect of this agreement, or the rights of
the parties to this agreement, it is agreed that venue shall be in Grant County, Washington.
8. ENFORCEMENT
In the event of enforcement action by the City, the City shall be entitled to recover all costs of
litigation including but not limited to the costs of title searches, service of process, discovery,
and disposition costs, and all actual attorney's fees incurred before, during and after trial,
including appeals.
9. ENTIRE AGREEMENT
This agreement contains the entire understanding of the parties with respect to the matters set
forth herein and any prior or contemporaneous understandings are merged herein. This
contract shall not be modified except by written instrument executed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year
first above set forth.
CITY OF MOSES LAKE PROPERTY OWNER(S):
_______________________________ _______________________________
Title: __________________________ Title: __________________________
STATE OF WASHINGTON)
) ss.
COUNTY OF __________)
ON THIS _____ day of ___________________, 20____, before me, personally appeared
______________________________ and ______________________________, to me known to be
the Property Owner(s), the party(ies) who executed within and foregoing instrument, and acknowledged
said instrument to be his/her/their free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this ____day of ___________________, 20_____.
NAME _______________________________________
NOTARY PUBLIC in and for the State of Washington,
residing at ___________________
My Commission Expires: _________________________
Page 1 of 2
CITY OF MOSES LAKE
STAFF REPORT
To: John Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: February 20, 2019
Proceeding Type: New Business
Subject: Resolution No. 3756 – Call in Covenants as to Improvements on
Lakeshore Drive
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
February 11, 2019
February 26, 2019
Motion
Staff Report Summary
The attached resolution authorizes the City Manager to exercise the City’s right to call in the
Covenants as to Improvements along Lakeshore Drive from Pommer Street to Wanapum Street.
Background
In 2006 and 2009, the City made improvements to Peninsula Drive and Lakeshore Drive. There
were covenants as to improvements along those sections that were called in and the property
owners have paid their portions of the improvements. The City is now completing the last phase
of the project in 2019 and there are 15 parcels with covenants as to improvements. The property
owners have been notified by mail that there are filed covenants that affect their property.
Page 2 of 2
Fiscal and Policy Implications
Calling in the covenants will reimburse the city $108,668.02 for the improvements to Lakeshore
Drive. Not calling in the covenants will create a situation where some covenants have been called
and others not in the same neighborhood for the same improvements.
Options
Option Results
• Move to adopt the Resolution as
presented
Staff will notify the property owners as to the
action and timing of payment.
• Take no action The City will not receive reimbursement for
work done along the properties with
Covenants.
Staff Recommendation
Staff recommends City Council adopt the Resolution as presented
Attachments
A. Resolution 3756
Legal Review
N-A
RESOLUTION NO. 3756
A RESOLUTION CALLING OF COVENANTS AS TO IMPROVEMENT FOR THE LAKESHORE DRIVE RECONSTRUCTION PROJECT - 2019 Recitals:
1. On February 11, 2019, staff presented to Council a list of property owners along Lakeshore Drive with Covenants as to Improvements for the construction of street improvements.
2. Staff notified said property owners via certified mail that Council would consider calling in the Covenants at the February 26th City Council Meeting.
Resolved:
1. The City Council is invoking the Covenant Terms as listed in Section 3 of the Covenant as to Improvements filed in the Records of Grant County. 2. The parcels affected are listed in Attachment A to this resolution.
3. The Covenants as to Improvements being called in are included in Attachment B to this resolution.
ADOPTED by the City Council on February 26, 2019.
________________________________________ Karen Liebrecht, Mayor
ATTEST: _________________________________________ Debbie Burke, City Clerk