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2019 0528 Council Agenda PacketMoses 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 Moses Lake Civic Center – 401 S. Balsam Regular Meeting Agenda May 28, 2019 at 7 p.m. Call to Order – 7 p.m. 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. Presentation #1 WSDOT Hwy 17 / Stratford Rd Corridor Study – Traffic Consultant Christina Wollman w/Perteet Eng. Public Hearing #2 Sparks Annexation Ordinance – First Presentation 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. #3 a.City Council Meeting Minutes dated May 14, 2019 b.Bills and Checks Issued c.Set Public Hearing for Annual Six-Year Transportation Plan d.Award Lakeshore Reconstruction Project e.School District Joint Facility Use Agreement Old Business – none scheduled May 28, 2019, City Council Meeting – Page 2 New Business #4 #5 #6 #7 Motion Big Bend Center Easement Resolution 3767 Motion Presented by Kevin Myre, Building Official Summary: Council to review and consider adoption Shin Easement Resolution 3768 Motion Presented by Kevin Myre, Building Official Summary: Council to review and consider adoption Desertpoint Easement Resolution 3769 Motion Presented by Kevin Myre, Building Official Summary: Council to review and consider adoption Sagebrush Holdings Build on Unplatted Property Resolution 3766 Presented by Kevin Myre, Building Official Summary: Council to review and consider adoption #8 3189 Westshore Drive Request to Connect to Water and Sewer Motion Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and approve connection with an extra territorial agreement Administrative Reports Council Communications and Reports Executive Session Adjournment • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Kris Robbins, Planner Date: May 23, 2019 Proceeding Type: Public Hearing Subject: Sparks Annexation Ordinance Legislative History: • First Presentation: May 28, 2019 • Second Presentation: June 11, 2019 • Action: First Presentation Staff Report Summary Community Development has received and processed the annexation request from David Sparks to annex his 34+/- acre parcel to City Limits. The request came along with the request for water service for a commercial development. Background In March of 2019, Community Development received a Notice of Intention to Commence Annexation Proceedings from David Sparks with regard to Grant County Tax Parcel Number 3131142000. The property is adjacent to existing city limits to the west of the property and can be served by city water. The property lies north of North Frontage Road. The Moses Lake Comprehensive Plan Land Use Map designated the site as Commercial. The purposed zoning for the site is C-2, General Commercial. The Council has received and accepted the petition. Grant County Assessor’s Office certified the petition submitted meets the 60% requirements of RCW 35A.14.120. A public hearing has been set for the annexation and notices posted. No written comments have been received in favor or opposition of the annexation prior to the hearing. In 2001 the City Council adopted a Comprehensive Plan that included an Urban Growth Area (UGA) that was negotiated between the Grant County Board of County Commissioners and the Moses Lake City Council in accordance with RCW 36.70A.110. The Moses Lake UGA has a twenty (20) year vision that is intended to encourage growth that is urban in nature and whereby urban governmental services would be provided by the City. The matter of initiating annexation proceedings with the subject property comes from a request for municipal water. In accordance with the City Council’s Policy regarding utility extensions, properties that are within one-half mile of the corporate limits and wish to connect to water/sewer services must annex unless otherwise granted an exception by the City Council. Page 2 of 2 The Moses Lake Comprehensive Plan, Goal 3, Section 3-8 Land Use Chapter, addresses when it is appropriate to annex areas within our Urban Growth Area. “Goal 3: THE CITY SHALL ANNEX ONLY THOSE PROPERTIES WHERE URBAN SERVICES ARE APPROPRIATE AND CAN BE REASONABLY PROVIDED” The request supports the extension of our water service and provides additional commercial land for development. The council should accept any comments provided during the hearing and take those comments into consideration for their decision. Fiscal and Policy Implications Municipal Services, Police, Fire, Planning and Building would all be impacted in terms of providing services. The development of the annexation area would yield property taxes and sales tax as the property builds out, which would be utilized to offset staff and infrastructure costs associated with City services that would be provided to the area. Options Option Results • Open the public hearing to consider the proposed annexation Consistent with the Moses Lake Comprehensive Plan and increase the corporate limits • Take no action The City Council would contradict the Goals and Policies of the Comprehensive Plan, Urban Growth Area. Staff Recommendation Motion will be recommended at the next Regular Meeting. Attachments A Ordinance B Map Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Sparks Lot 4B Annexation May 23, 2019 Page 1 of 3 ORDINANCE – 1st Presentation AN ORDINANCE ANNEXING PROPERTY COMMONLY KNOWN AS THE SPARKS LOT 4B ANNEXATION TO THE CITY OF MOSES LAKE, WASHINGTON, AND INCORPORATING THE SAME WITHIN THE CORPORATE LIMITS OF THE CITY OF MOSES LAKE THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following described real estate, as shown on the attached map marked Exhibit A which by this reference is incorporated within this ordinance, situated in Grant County is hereby annexed to and incorporated in the City of Moses Lake; BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 19 NORTH, RANGE 29 EAST, W.M., GRANT COUNTY, WASHINGTON; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER TO THE NORTH MARGIN OF FRONTAGE ROAD; THENCE WESTERLY ALONG THE NORTH MARGIN OF FRONTAGE ROAD TO THE SOUTHEAST CORNER OF LOT 1-B OF SPARKS SHORT PLAT NO. 3, AS RECORDED IN BOOK 21 OF SHORT PLATS AT PAGE 69; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 1-B TO THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY ALONG THE NORTH LINES OF LOTS 1-B AND 1-A OF SAID SPARKS SHORT PLAT NO. 3 TO THE NORTHWEST CORNER OF SAID LOT 1-A; THENCE WESTERLY ALONG THE NORTH LINE OF LOT 2 OF SPARKS SHORT PLAT NO. 2 AS RECORDED IN BOOK 13 OF SHORT PLATS AT PAGE 98 TO THE NORTHWEST CORNER OF SAID LOT 2, ALSO BEING THE SOUTHEAST CORNER OF LOT 4-A OF THE AFOREMENTIONED SPARKS SHORT PLAT NO. 3; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 4-A AND THE NORTHERLY EXTENSION THEREOF TO THE NORTH LINE OF THE NORTHWEST QUARTER OF THE AFOREMENTIONED SECTION 31; THENCE EASTERLY ALONG SAID NORTH LINE OF SECTION 31 TO THE POINT OF BEGINNING. Parcel #313142000 Said tract of land contains 34.12 acres, more or less. Section 2. All property within the territory annexed shall hereinafter be assessed and taxed at the same rate and on the same basis as other property within the city. Section 3. The area annexed will be zoned C-2, General Commercial. Section 4. That a copy of this ordinance shall be filed with the Board of County Commissioners of Grant County, Washington. Page 2 of 3 Section 5. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on June 11, 2019. ____________________________________ Karen Liebrecht, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _____________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: Date Effective: Page 3 of 3 EXHIBIT A City Limits Urban Growth Boundary Annexed Area MOSES LAKE CITY COUNCIL May 14, 2019 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington. ROLL CALL Present: Mayor Liebrecht; Deputy Mayor Curnel; Council Members Jackson, Myers, Leonard, Riggs, and Hankins. PLEDGE OF ALLEGIANCE Council Member Jackson led the Council in the Pledge of Allegiance. SUMMARY REPORTS: MAYOR’S REPORT Confirmation of Mayor’s Appointment to the Grant County EDC has been postponed. Finance Director Cindy Jensen commented on the State Auditor’s Office 2017 Audit Report stating that a few issues were due to timing, and staff addressed the bank statement reconciliation finding by hiring a temporary bookkeeper in 2018. The processes continue to improve. CITY MANAGER’S REPORT New City Employees Parks and Recreation Director Spencer Grigg introduced Parks Maintenance Worker Lee Willis. Building Official Kevin Myre introduced Planning Manager RJ Lott. Fire Oaths of Office Fire Chief Brett Bastian delivered Oaths of Office to Firefighters Gordon Guenther and Farmer Roseburg who have completed their probation period. 2019 Well City Award Human Resources Director Carlos Salazar and Wellness Committee Members Tasiya Deering and Sandra Estudillo presented Mayor Liebrecht with a plaque received from AWC for the City’s wellness programs conducted in 2018. The city receives a discount on the health insurance premiums by participating in this program. Airport Clean Up Presentation Police Chief Kevin Fuhr has received a request from the EPA Project Manager to provide a presentation to Council on June 11 regarding the status of this project. Council concurred to docket the presentation. CITY COUNCIL MINUTES – May 14, 2019 pg. 2 CITIZEN’S COMMUNICATION Homeless Funding Elisia Dalluge, 310 Loring, Moses Lake, volunteers on a Homeless Consortium. She expressed concerns on Moses Lake regulations, and reviewed the Consortium’s spending in 2018. CONSENT AGENDA #1 a. City Council meeting minutes dated April 22, 23, 29, and May 2, 2019 b. Claims in the amount of $1,123,514.36; prepaid claim checks in the amount of $1,561,012.51; claim checks in the amounts of $6,183.12, $1,895.30, $83,440.23, $18,175.00, $73,411.67; and payroll in the amounts of $389,524.24, and $400,145.30 c. Accept Sand Dunes Irrigation Piping and Power Project d. Accept Road L Water Main Project e. Accept Emergency Water Main Project Action taken: Council Member Jackson moved to approve the Consent Agenda, second by Deputy Mayor Curnel. The motion carried 7 – 0. NEW BUSINESS #2 Ambulance Billing Policies Resolution 3763 Staff presented the resolution for action in conjunction with Ordinance 2925. The resolution adopts the Transport Billing Procedure and EMS Financial Assistance Policies. Action taken: Council Member Riggs moved to adopt Resolution 3763 as presented, second by Deputy Mayor Curnel. The motion carried 7 – 0. #3 Ambulance Billing Amending MLMC 2.30 Ordinance 2925 – 2nd Presentation First presentation occurred on March 26 followed by a Study Session on April 23. The ordinance updates language in the rate setting and ties it to the CPI index. Action taken: Deputy Mayor Curnel moved to adopt Ordinance 2925, second by Council Member Riggs. The motion carried 7 – 0. #4 White Bikes, LLC Contract Amendment Vendor is requesting modifications to the previously approved contract to add rental of canoes, sale of pre-packaged food, and sale of pre-packaged non-alcoholic beverages. Council discussed establishing a formal policy and the short term/annual contract period. Action taken: Council Member Riggs moved to authorize the City Manager to execute the new contract as presented, second by Council Member Myers. The motion carried 5 – 2, Mayor Liebrecht and Deputy Mayor Curnel were opposed. #5 Camping Penalty Amending MLMC 9.18 Ordinance 2927 Council adopted Ordinance 2921 on April 9 without the civil penalty section and have since requested the omitted section be brought back for consideration in order for the CITY COUNCIL MINUTES – May 14, 2019 pg. 3 regulation to be enforceable in all instances. Action taken: Council Member Hankins moved to adopt Ordinance 2927, second by Council Member Riggs. The motion carried 7 – 0. #6 Conservation Amendment for WSDOT Wetland Bank Instrument Washington State Department of Transportation is requesting a change to the description to the Three Ponds Wetland Bank Instrument and Conservation Easement. The proposed change will match the original intent of both the instrument and easement, and enable the city to move forward with a pathway project partially funded through Quadco RTPO. Action taken: Council Member Jackson moved to approve the requested amendment, second by Deputy Mayor Curnel. The motion carried 7 – 0. #7 Voucher Audit Amending MLMC 3.40.030 Ordinance Staff is requesting a change in the Code to the statement for the meeting minutes and to create a more efficient process for reporting the claims summary each month. First presentation of the ordinance. No action taken. #8 Election of Homeless Program Resolution 3764 The resolution is to adopt a City of Moses Lake homeless program to be able to receive a percentage of real estate excise tax monies. Action taken: Council Member Hankins moved to adopt Resolution 3764, second by Council Member Riggs. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Fire Chief Brett Bastian reviewed the Ambulance Utility Billing Insert distributed to Council for review at the meeting. Finance Director Cindy Jensen shared Lakeside Disposal’s Spring Clean Up stats on May 4 and 11 at 229 loads received and that Grant County has offered to waive the tipping fee for these loads up to 16 tons. COUNCIL COMMUNICATIONS AND REPORTS Deputy Mayor Curnel requested information on estimated lost revenues from REC closing. EXECUTIVE SESSION Mayor Liebrecht called an Executive Session at 8:20 p.m. to be held for 15 minutes pursuant to RCW 42.30.110(1)(i) to discuss litigation and there will be no further business. Mayor Liebrecht extended the session three times for a total of 35 additional minutes. CITY COUNCIL MINUTES – May 14, 2019 pg. 4 ADJOURNMENT The regular meeting adjourned at 9:15 p.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Fred Snoderly, Municipal Services Director Date: May 22, 2019 Proceeding Type: Consent Agenda Subject: Set Public Hearing for 6 Year Transportation Improvement Program Resolution Legislative History: •First Presentation: May 28, 2019 •Second Presentation: •Requested Action: Motion Staff Report Summary The City Council should consider setting the date for a public hearing to discuss the City’s 6 Year Transportation Improvement Program (TIP). Background Annually, the City is required to present the TIP to the public and allow comments to be heard and incorporated into the program. The TIP is then submitted to Regional, State, and Federal planning organizations to form lists of transportation needs. Fiscal and Policy Implications Only projects listed on the City TIP are eligible for Federal Funding. If a TIP is not approved, the City will not be eligible to receive any Federal transportation grants. Options Option Results •Move to set a date for a public hearing. A public hearing will be set and the City will be one step closer to adopting the annual TIP. •Take no action A date for a public hearing will be set at a later date. Page 2 of 2 Staff Recommendation Staff recommends City Council set a date for a public hearing to discuss the TIP and collect public comment on June 11, 2019. Attachments - None A. None Legal Review – N/A Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Fred Snoderly, Municipal Services Director Date: May 23, 2019 Proceeding Type: Consent Agenda Subject: Request To Award 2019 Lakeshore Drive Reconstruction Legislative History: • First Presentation: • Second Presentation: • Requested Action: May 28, 2019 Motion Staff Report Summary On May 22, staff opened bids for the 2019 Lakeshore Drive Reconstruction Project. The City received four bids for the work. The low bid was $1,598,858.60 and the Engineer’s Estimate was $1,910,041.68. Background The 2019 budget includes money for completing these improvements. This project includes reconstructing 0.8 miles of Lakeshore Drive and all of Peterson Place, including installing curb, gutter and storm water devices. The project also includes replacing the existing 6” steel water main with 8” PVC lines to improve fire flow and reliability in Lakeshore Drive and installing water main in Peterson Place to improve circulation of the system. The City has received a grant from the Washington State Transportation Improvement Board in the amount of $1,130,000 towards the completion of Lakeshore Drive and the Federal Emergency Management Agency has granted $33,000 to the reconstruction of Peterson Place. The low bidder, POW Contracting of Pasco Washington, has successfully done business with the City of Moses Lake in previous years. Page 2 of 2 Fiscal and Policy Implications The project will require budgeted funds to be spent. Options Option Results • Award the 2019 Lakeshore Drive Reconstruction 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 Lakeshore Drive Reconstruction Project from POW Contracting in the amount of $1,598,858.60. This award will be contingent upon the Granting Agencies approving the bid amount. Attachments A. Bid Summary Legal Review N-A Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Spencer Grigg, Parks & Recreation Director Date: May 16, 2019 Proceeding Type: Consent Agenda Subject: Joint Use Agreement with School District Legislative History: • First Presentation: May 28, 2019 • Second Presentation: • Action: Motion Staff Report Summary Our joint use agreement with the Moses Lake School District expires in June. The document is designed to be reviewed and updated on an annual basis. Minor changes by both organizations have been made on the fee exception schedules. Background We created this agreement to facilitate both organizations utilizing each other’s tax funded facilities. Fiscal and Policy Implications No fiscal impact. Options Option Results • Approve agreement Joint usage of facilities • Take no action. No joint use of facilities. Page 2 of 2 Staff Recommendation Staff recommends that the Moses Lake City Council approve the document as written. Attachments – none. Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Contract (ILA) Agreement for Joint Use of Facilities May 21, 2019 AGREEMENT FOR JOINT USE OF FACILITIES BETWEEN CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 This Agreement is made and entered into June 1st, 2019, by and between the City of Moses Lake, Grant County, Washington, a code city, duly organized and operating under and by virtue of the laws of the State of Washington (“City”), and the Moses Lake School District No. 161, Grant County, Washington, a municipal corporation, duly organized and operating under and by virtue of the laws of the State of Washington (“District”), and jointly referred to as “Parties.” Recitals. Whereas, the City and the District are mutually interested in meeting youth and community demands for more developmental and recreational opportunities. Whereas, the City and the District wish to enter into an agreement for the coordination of facilities owned by the City and the District. Whereas, the Interlocal Cooperation Act, RCW Chapter 39.34, provides that any two public agencies of the state having separate authority to exercise a particular power may enter into an agreement for cooperative or joint exercise of that power. Now, Therefore, in consideration of the foregoing recitals and the terms, conditions, covenants, and agreements set forth herein, the Parties agree as follows: 1. Purpose. The purpose and intent of this Agreement is to provide for the joint use of facilities that belong to the City and/or the District in a manner which does not interfere with the specific educational and/or recreational purposes for which the facility was intended. 2. Duration. This Agreement shall be for a one (1) year period commencing on June 1, 2019, and ending May 31, 2020 unless terminated earlier upon a breach of this Agreement by a party pursuant to Section 2.1 below. 2.1 Upon breach of this Agreement by either party, the other party shall give written notice of the intent to terminate the Agreement specifying the claimed breach and action required to cure the breach. If the breaching party fails to cure the breach within five (5) calendar days from receipt of said written notice, the other party may terminate the Agreement upon written CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 2 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES 3. Joint Board. This Agreement shall be administered by a joint board composed of the City Parks and Recreation Director, or other designated City representative, and the District Facility Scheduler, or other designated District representative. 4. Facilities. 4.1 City Facilities as identified on “Appendix A”. 4.2 District Facilities as identified on “Appendix B”. 5. Use of Facilities. 5.1 Priority of Use. The City shall have priority use of the District Facilities when not scheduled for use by the District. The District shall have priority use of the City Facilities when not scheduled for use by the City. 5.2 Agency Rules. All joint use activities scheduled under this Agreement shall comply with the agency rules and policies of the party that owns the facility. See “Appendix C” for detailed listing of both Parties’ rules and policies. 5.3 Shutdowns. The City and District shall attempt to provide at least ten (10) calendar days’ notice of shutdowns of facilities for preventative or emergency maintenance. 6. Scheduling. 6.1 Scheduling Coordinators. The City shall serve as the central scheduling office for all City Facilities and shall attempt to resolve all conflicts with the District. The District shall serve as the central scheduling office for all District Facilities and shall attempt to resolve all conflicts with the City. 6.2 District Use. The District shall submit all City Facilities use requests, including season schedules for practices, games and meets, to the City fourteen (14) calendar days or more prior to the start of the season. 6.3 City Use. The City shall submit all District Facilities use requests, including season schedules for practices, games and meets, to the District fourteen (14) calendar days or more prior to the start of the season. 7. Maintenance of Facilities. 7.1 Unless otherwise provided by the mutual written agreement of the Parties, it is agreed that the Parties shall each maintain their own facilities and equipment which are used by the other party. CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 3 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES 7.2 The party that owns the facility shall use its best efforts to provide the facility in clean, usable condition before the activity commences. The party using the facility shall use its best efforts to leave the facility in at least as good a condition as when the use commenced. 7.3 No alteration or changes of any kind shall be made by one party to the other party’s facilities or equipment without the mutual written agreement of the parties. 8. Liability. 8.1 Each Using Party agrees to hold harmless, defend and indemnify the Owning Party, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of Premises or from any activity, work or thing done, permitted, or suffered by Using party in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Owning Party. 9. Insurance. 9.1 The District shall procure and maintain for the duration of the Agreement, general liability insurance covering premises, products-completed operations, and contractual liability with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate against claims for injuries to persons or damage to property which may arise from or in connection with the use of the City Facilities. The District shall also secure general liability insurance coverage for participant liability with limits of not less than $250,000 per occurrence. The City shall be named as an additional insured on the insurance policy and such policy shall provide that the District’s insurance coverages shall be primary insurance as respects the City. The District shall provide a certificate of insurance evidencing the required insurance before using the City Facilities. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. The District’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the District to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. 9.2 The City shall procure and maintain for the duration of the Agreement, general liability insurance covering premises, products-completed operations, and contractual liability with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate against claims for injuries to persons or damage to property which may arise from or in connection with the use of the District Facilities. The City shall also secure general liability insurance coverage for participant liability with limits of not less than $250,000 per occurrence. The District shall be named as an additional insured on the insurance policy and such policy shall provide that the City’s insurance coverages shall be primary insurance as respects the District. The City shall provide a certificate of insurance evidencing the required insurance before using the District Facilities. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. The City’s maintenance of insurance as required by the Agreement shall CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 4 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES not be construed to limit the liability of the City to the coverage provided by such insurance, or otherwise limit the District’s recourse to any remedy available at law or in equity. 9.3 Each party’s membership in a self-insured, governmental risk pool shall satisfy all conditions set forth in Paragraph 9.1 and 9.2. Each Party shall provide to the Owning Party evidence of coverage prepared by their risk pool, prior to using the Owning Party’s premises. 10. Cost and Fees. 10.1 Each party shall bear its own cost for ordinary maintenance of their respective facilities. 10.2 Each party shall waive any associated user fees while the other party is using the facilities of the other party, except where noted on “Appendix D”. 10.3 If any repair or restoration work is needed, as a result of the other party’s use, the work shall be charged at standard rates and billed directly to that party as an extra cost. 10.4 User fees may be set for the use of District facilities by the City. Such fees shall be retained as revenue by the City. User fees may be set for the use of City facilities by the City. Such fees shall be retained as revenue by the District. 11. Inspection. Each party and its authorized officers, agents, and employees shall have the right to enter and inspect the facilities owned by that party and the operation being conducted thereon at reasonable times. 12. No Third Party Benefits. The Parties hereto do not intend to confer on any third parties any benefits hereunder. Therefore, no third party may utilize any provision hereof as a third party beneficiary or otherwise. 13. Entire Agreement. The terms and conditions written herein constitute the entire understanding between the Parties. This Agreement shall not be modified or amended except in writing and executed by the Parties hereto. 14. Governing Law and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Grant County. 15. Waiver. The failure of a party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered a waiver of any obligation, right, or duty of, or imposed upon, such party. Any waiver at any time by either party of its rights with respect to this Agreement shall not be deemed a continuing waiver or a waiver with respect to any other failure to comply with any other obligation, right, duty of this Agreement. Any waiver of the terms and conditions of this Agreement shall, if requested, be provided in writing. CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 5 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES 16. No Separate Legal Entity. Pursuant to RCW 39.34.030(3)(b) this Agreement does not create a separate legal or administrative entity other than specifically provided in this Agreement. 17. Filing. This Agreement shall be filed with the Grant County Auditor pursuant to RCW 39.34.040. In Witness Whereof, the Parties hereto have signed their names the day, month and year first written above. CITY OF MOSES LAKE MOSES LAKE SCHOOL DISTRICT NO. 161 ____________________________________ ____________________________________ City Manager Dr. Joshua Meek, Superintendent ____________________________________ ____________________________________ Date Date CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 6 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES APPENDIX “A” LIST OF CITY OF MOSES LAKE FACILITIES 1. Basin Homes Dog Park – Corner of Central Drive & Paxson Drive 2. Blue Heron Park – 111 Westshore Drive 3. Carl T. Ahlers Park – 500 W. 3rd Avenue 4. Carpenter Park – 1522 Lee Street 5. Cascade Park – 2001 Valley Road 6. Civic Center Park – 411 S. Balsam Street 7. Crossroads Park – 1600 Truman Drive 8. Gillette Park – 205 E. 11th Avenue 9. Harrison K. Dano Park – 501 S. Paxson Drive 10. Hayden Park – 1108 St. Helens Avenue 11. Japanese Peace Garden and Park – 800 Alder Street 12. John E. Calbom Island Park – Lewis Horn and Parker Horn 13. Juniper Park – 902 Juniper Drive 14. Knolls Vista Park – 444 Knolls Vista Drive 15. Laguna Park – Sage & Laguna 16. Lakeview Park – 802 S. Clover Drive 17. Larson Playfield – 2501 W. Broadway Avenue 18. Municipal Ice Rink – 610 Yakima Avenue 19. Municipal BMX Track – 610 Yakima Avenue 20. Municipal RC Track – 610 Yakima Avenue 21. Lower Peninsula Park – 3919 Peninsula Drive 22. Marina Park – 1414 Marina Drive 23. McCosh Park – 401 W. 4th Avenue 24. Surf ‘n Slide Water Park – 401 W. 4th Avenue 25. Centennial Amphitheatre – 999 Dogwood Street 26. Montlake Park – 401 Linden Avenue 27. Moses Lake Museum & Art Center – 401 S. Balsam Street 28. Neppel Landing – 104 S. Alder Street 29. Paul Lauzier Memorial Athletic Complex – 933 Central Drive 30. Peninsula Park – Texas Street & Russel Street 31. Power Pointe Park – 1647 Beaumont Street 32. Sinkiuse Square – 306 Ash Street 33. Moses Lake Skate Park – 414 W. 4th Avenue 34. The Learning Center – 701 Penn Street 35. Three Ponds Wetland Park – 800 Alder Street 36. Vista Park – 1101 Evelyn Drive 37. Yonezawa Park – 300 W. Yonezawa Boulevard CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 7 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES APPENDIX “B” LIST OF MOSES LAKE SCHOOL DISTRICT FACILITIES 1. Moses Lake High School – 803 Sharon Avenue E. 2. Columbia Basin Technical Skill Center – 900 E. Yonezawa Boulevard 3. Chief Moses Middle School – 1111 E. Nelson Road 4. Frontier Middle School – 517 W. 3rd Avenue 5. Endeavor Middle School – 6527 Patton Boulevard N.E. 6. Garden Heights Elementary School – 707 E. Nelson Road 7. Knolls Vista Elementary School – 454 W. Ridge Road 8. Lakeview Terrace Elementary School – 780 S. Clover 9. Larson Heights Elementary School – 700 Lindberg Lane 10. Longview Elementary School – 9783 Apple Road N.E. 11. Midway Elementary School - 502 S. “C” Street 12. North Elementary School – 1200 W. Craig Street 13. Park Orchard Elementary School – 417 N. Paxson Drive 14. Peninsula Elementary – School 2406 W. Texas Street 15. Learning Services Center - 1620 S.. Pioneer Way CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 8 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES APPENDIX “C” RULES AND REGULATIONS FOR USE OF SCHOOL FACILITIES The building and grounds of the Moses Lake School District are primarily for public school purposes, which include all activities of the school involved in carrying out its programs. No other use shall be permitted to interfere with the primary purpose for which these buildings and grounds are intended. 1.The District reserves the right to deny/cancel any permit, and/or discontinue use of the facility by the applicant/user at any time if, in their sole discretion,the use of a facility is in the conflict with District use policies or regulations.2.Approval for the use of all facilities must be obtained from the Community Schools Coordinator by completing the appropriate application. Except forpriorities established by regulation, applications are accepted on a first come first served basis. Applications for the use of facilities during the succeeding school year will be processed after July 1.3.To assist in meeting district needs and scheduling, the school year will be broken into seasons for athletic requests. Fall Season (September 1 – November 30), Winter Season (December 1 – February 28), Spring Season (March 1 – May 31). Requests for athletic facilities will be booked one season at a time, no sooner than the following dates: Fall Season, starting August 1. Winter Season, starting November 1, Spring Season, starting February 1.4.A single application may be made for a series of uses of like character. Facilities and equipment used shall be limited to those specified on the approvedapplication.5.All youth athletic groups will sign a Head Injury Compliance Form for compliance with HB 1824, Youth Sports-Head Injury Policies, all groups will also be given information on Sudden Cardiac Arrest.6.Lessee shall agree to indemnify and hold harmless the Moses Lake School District from and against any and all claims, demands, causes of action, suits orjudgments for deaths or injuries to persons or for loss or damage arising out of or in connection with the use and occupancy of the facility by Lessee, itsagents, servants, employees or invitees. In the event of any claims made or suits filed, Lessor shall give Lessee prompt written notice thereof and Lessee shall have the right to defend or settle the same to the extent of its interest hereunder, any and all loss, costs, damages, and expenses arising out of any incident or other occurrence suffered by any person while engaged in using the school under this agreement.7.Satisfactory sponsorship and adequate adult supervision, which may include appropriate police and security personnel, shall be required of all activitieswithin District facilities. Personal use of space, such as birthday parties, private sales parties, or personal meetings/banquets will not be permitted. 8.It is the responsibility of the applicant/user to report the Community Schools Coordinator by the close of the next business day all non-emergency injuriesand damage due to the activities of the applicant/user. If the incident (damage to the facility or injury to a participant or attendee) is an emergency, the incident is to be reported immediately to the Custodian Supervisor and/or Community Schools Coordinator.CONDITIONS 1.Unless previously arranged, a district employee shall be present on duty at all times when a district facility is in use by any group and that employee shall be responsible for closing and securing the building after use. Other employees may be required for specific activities to support facility operation.2.Keys to buildings of facilities shall not be issued to any individual or group for entering a district facility without authorization. Unless previously arranged,facilities must be opened and closed by custodians or other authorized District personnel at the times arranged during the application process.3.District furniture or equipment shall not be moved from classrooms or buildings to which they belong except by authorized District personnel, and such removal shall be previously arranged. If the facilities are not restored to the condition in which they were found, all costs to restore such facilities will be billed to the user at the sole discretion of the district.4.Decorations that create damage to walls, ceilings, floors, or furniture are not allowed in district facilities. Nails, tacks, duct tape, glue and other adhesives,are not permitted. Open flames including, candles, briquettes, and wood fires are not permitted on District property. All costs for such removal ofdecorations or damages caused by decorations or open flame shall be directly billed to the user.RESPONSIBILITIES 1.Adult leaders of organizations using District facilities shall remain with their groups throughout activities and shall be financially responsible for the propercare of the facility used, and any District materials, furniture, or equipment therein.2.In the event of damage or loss of District property, the applicant must accept the District’s estimate of replacement/repair and pay all costs associatedtherein within 30 days. The District is not responsible for property lost by individuals or groups using school facilities.RESTRICTIONS 1.The use of tobacco, alcoholic beverages, or illegal drugs is strictly prohibited in all District facilities and upon all District properties.2.Food is limited to certain facilities and the vending and/or serving of such must be approved in advance.3.Kitchens are not available except under special conditions, which require District kitchen staff at all times & prior approval from the Food ServicesDirector.4.Street shoes and cleats are prohibited on gym floors. Non marking gym shoes only. Pitching mats are required for softball/baseball practices held indoors.5.Outdoor balls for soccer, softball, and baseball are not permitted for indoor gym use.6.All Washington State and local laws and fire codes are in effect for use of District facilities. FEES 1.Charges for use of District facilities by public interest and public welfare groups, by private interest groups of not-for-profit status, and by non-commercial groups shall be based upon the actual costs incurred by the District. These include but are not limited to direct labor, materials and other operating costs,and applicable overhead costs. Charges for use involving private profit or commercial gain, direct or indirect, shall be such as to reimburse the District infull for said overhead and operating costs, plus an amount representing a share of the profit or monetary gain.2.Costs quoted are an estimate based on information given at the time of application for use of District facilities. Actual costs charged to the user are subjectto change based upon conditions and final arrangements at the time of use.3.Use fees shall be paid in accordance with the current schedule and District rules and regulations. Additional charges shall be made for custodians,technicians, and other staff when use necessitates their participation. 4.Payment for use of District facilities is due within 30 calendar days from the date of invoice. Failure to pay invoices within 30 calendar days will result in the denial of future use of District facilities to the delinquent user until payment is made.5.Users shall also be responsible for all collection, attorney, insurance or any other fees associated with the collection of payment in regard to use of school facilities, equipment, or staff. CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 9 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES APPENDIX “C” Agency Rules City of Moses Lake General Park Rules A.All activities that constitute civil or criminal violations under state, local or federal statute shall be prohibited on park property or in park facilities. B.It is unlawful for any person to do or permit any of the following acts within any city park: 1. Scatter, leave, throw, break or strew any litter, bottles, glass, paper, debris, garbage, refuse, or advertising matter in any park except in designated receptacles; provided, however, that it is further unlawful to deposit in such designated litter receptacles or elsewhere within a park any refuse, litter or other trash collected at the home, business or other dwelling of any person and intentionally brought to the park solely for the purpose of disposing of such refuse, litter or trash. 2. Damage, deface, mar, or destroy any park equipment or facility. 3. Cut, damage or destroy any park trees, shrubs, landscaping or plants, including grass. 4.Consume any beer, wine or intoxicating liquor in any park, or have possession of any container of beer, wine or intoxicating liquor in any park; provided, however, that consumption of alcoholic beverages in city parks is permitted if consumption is within a designated area in conjunction with a special event as authorized by the Parks Department. 5.Drive or park any vehicle or motorized bike, scooter, motorcycle, or ATV/UTV (as defined in MLMC Chapter 10.18), on the grass in any park or any other place not specifically designated for vehicular traffic, or operate a vehicle, motorized bike, scooter, motorcycle or ATV/UTV negligently within any park or park facility, unless expressly authorized by a permit issued by the City. This provision does not apply to authorized personnel of the City. 6. Disturb or molest the peace of others using the park and park facilities. 7.Solicit, promote or engage in any private commercial enterprise without prior approval of the city council. 8.Start or maintain a fire except in permanent park facilities provided for that purpose or in a barbeque, hibachi or other freestanding apparatus commonly used for outdoor food preparation purposes in an approved portion of the park. 9.Camp in any portion of any park unless specifically allowed by the City Manager pursuant to section 12.36.060 or by city council action for special events. Camping is prohibited pursuant to MLMC Chapter 9.18. CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 10 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES APPENDIX “C” Agency Rules Moses Lake School District No. 161 RULES AND REGULATIONS FOR USE OF LIONS FIELD The building and grounds of the Moses Lake School District are primarily for public school purposes, which include all activities of the school involved in carrying out its programs. No other use shall be permitted to interfere with the primary purpose for which these buildings and grounds are intended. STADIUM FACILITY 1. The Press Box is for use by event officials, coaches, and the media only. Professional conduct must be maintained in the Press Box at all times. 2. No bikes, skateboards, roller blades, or skates allowed on the concourse, grandstands, track, etc. 3. No vehicles will be allowed to be parked or stored inside the stadium perimeter fencing, except Emergency Medical Service (EMS) vehicles. 4. The Home and Visiting team bands will access the playing field as instructed by the Field Supervisor. ARTIFICIAL TURF FIELD and RUNNING TRACK SURFACES 1. Use of synthetic turf field is by contract only. 2. No food, chewing gum, soda, all sports drinks, hot or cold flavored drinks/beverages, or sunflower seeds allowed on the turf, field, or track surfaces. Sunflower seeds will be fined $250 in addition to custodial labor hours. Exception: Water is allowed. 3. No pets allowed, with exception of service animals. 4. No smoking, chewing tobacco, open flame or fireworks. 5. No cans, glass, or glass containers. 6. No digging in turf or driving stakes into surface. 7. Absolutely no vehicles on turf surface. 8. No paint, chalk, permanent markings allowed on the turf or track surfaces. 9. No tape on the turf field surface. 10. No climbing on goal posts. 11. No spectators allowed on track or turf. 12. No aircraft allowed except in the event of an emergency as coordinated by the EMS staff on duty. 13. Any body fluids must be reported immediately to the Field Supervisor for cleanup. 14. For other events, stages or large structures erected on the turf must be set on minimum 16” x 16” x 1 ½” base pads or 3/4” plywood. ONLY WITH PRIOR APPROVAL. 15. For special events, graduations, and other similar ceremonies, only chairs, tables, and similar items with blunt leg tips or slip-on protective leg tips will be allowed on the turf. ONLY WITH PRIOR APPROVAL. 16. Running shoes allowed. No spikes or high-heeled shoes allowed. 17. The stadium turf area may not be used as a team assembly or rest area – no pop-ups, chairs, and blankets. 18. No golfing or Frisbee play. 19. No throwing of javelin or hammer impediments. Throwing of discus and shot put must be supervised an only in areas designated for the event. 20. Dispose of all trash in stadium bleachers, field, track, and perimeter in designated trashcans. 21. Each team shall furnish sufficient support staff to enforce the above access rules. 22. Crowd control must be enforced at all times. PARKING LOT 1. Parking only allowed in designated spaces. In case of overflow, street parking, Frontier Middle School, and McCosh Park parking lots may be used. 2. Tailgaters and food vendors are responsible for cleanup of their area. Cooking oil may not be disposed of on site. 3. No Trespassing when the gates are closed. SECURITY REQUIREMENTS The renter will be required to employ security on site for the entire time the event is held. The security person can be security personnel from the school, a private security agency, or a local off duty policeman. ● 50 – 200 Participants and spectators, 1 officer required ● 200 – 400 Participants and spectators, 2 officers required ● 400+ Participants and spectators, 3 officers required The renter will be required to provide documentation certifying security staff has been acquired and working during events. Private security firms will need to furnish a copy of the agencies business license and the signed agreement with the firm to the district. Security officer needs to be clearly identified to the participants and spectators as a security officer. ADDITIONAL NOTES 1. The Moses Lake School District is not responsible for lost or stolen items. 2. No medical services are provided on site, it is the responsibility of the renting party to coordinate and provide medical services with the Moses Lake Fire Department. 3. Failure to follow Rules and Regulations of Lions Field will result in termination of current and future uses of the property for a minimum of one (1) school year. CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 11 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES APPENDIX “D” Fee Exceptions/Additional Fees Required City of Moses Lake Rate Table for Moses Lake School District use of Parks and Recreation facilities listed as exceptions on Section 10.2 of agreement for joint use of facilities between Moses Lake School District and City of Moses Lake. Special Events – Picnic Shelters, Amphitheater, Fun Runs, Color Runs, etc. Additional Picnic Tables $20.00 per table Additional Garbage Cans $10.00 per can Porta Potties $65.00 per unit Larson Playfield and Paul Lauzier Athletic Fields Softball Fields High School Districts and Regionals $37.00 per game Lights $15.00 per hour Inside Fences $70.00 per field Baseball Fields High School Districts and Regionals $37.00 per game Lights $18.00 per hour Crowd Control Fencing $140.00 per event Surf ‘n Slide Water Park Pool Rental 1-100 patrons $750.00 per hour 101-150 patrons $780.00 per hour 151-250 patrons $915.00 per hour 251-500 patrons $1,110.00 per hour 501-1000 patrons $1,245.00 per hour CITY OF MOSES LAKE AND MOSES LAKE SCHOOL DISTRICT NO. 161 PAGE 12 OF 12 AGREEMENT FOR JOINT USE OF FACILITIES Rate Table for City of Moses Lake use of Moses Lake School District facilities listed as exceptions on Section 10.2 of Agreement for Joint Use of Facilities between City of Moses Lake and Moses Lake School District #161. All Rates are hourly except where noted, maximum of 6 hours charged for rent, hourly minimum of 2 hours applies to all personnel. Columbia Basin Technical Skills Center (CB Tech) Lecture Hall $35.00 Commons $26.25 Custodian $34.00 Lions Field Field - Practice $17.50 Field - Games $35.00 Locker Room $13.13 Lights $35.00 Field Supervisor – Practice $34.00 Field Supervisor – Games $40.00 MLHS Theater Theater $35.00 Theater Technician $40.00 MLHS Baseball/Softball Fields – Per Field, Per Game Youth Game (18 & Under) $38.50 Adult Game (over 18) $47.25 MLHS Swimming Pool – Daily Rate Lifeguard Class $175.00 Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Kevin Myre, Building Official Date: May 23, 2019 Proceeding Type: New Business Subject: Resolution to Accept Easement – Big Bend Center BSP, 2nd Amendment Legislative History: •First Presentation: May 28, 2019 •Second Presentation: •Action: Motion Staff Report Summary Moses Lake Municipal Code 17.18.020.A.8 (Binding Site Plan Conditions and Requirements requires that water and sewer improvements within a binding site plan shall be privately held, except that water meters shall be owned by the City. A municipal access easement is required to be recorded concurrently with all binding site plans, to allow the City to access the water meters and flush the water system. This requirement applies to all new and revises binding site plans submitted since the adoption of the ordinance in 2007. Background The Big Bend Center Commercial Binding Site Plan, 2nd Amendment has been received, reviewed, and approved and is required to provide this easement as noted above. Fiscal and Policy Implications Accepting the easement is consistent with existing policy and Municipal Code requirements. Options Option Results •Adopt the Resolution Staff will move forward with recording the binding site plan, so the property can be segregated, water meters installed and building Page 2 of 2 permits issued. •Take no action.The binding site plan will not be recorded. The property will not be divided and the owner will not be able to install water meters or continue with development of the property. Staff Recommendation Staff recommends that the Moses Lake City Council adopt the Resolution as presented. Attachments A. Resolution B. Map of Big Bend Center Commercial Binding Site Plan, 2nd Amendment Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel •Resolution Grant of Utilities Access Easement May 22, 2019 Page 1 of 2 RESOLUTION NO. 3767 A RESOLUTION ACCEPTING AN EASEMENT FROM ML 96000; PIA, LLC; AND HARLAN D. DOUGLASS AND MAXINE H DOUGLASS. Recitals: 1.Resolution #238 provides that all grants of real estate, or any interest therein, to the City ofMoses Lake, shall not be accepted until a resolution has been duly passed by the CityCouncil. 2.ML 96000; PIA, LLC; and Harlan D. Douglass and Maxine H Douglass has presented a utility access easement to the City of Moses Lake. Resolved: 1.The easement for the following described property is hereby accepted by the City of Moses Lake: Tract P of Big Bend Center Commercial Binding Site Plan, 2nd Amendment ADOPTED by the City Council on May 28, 2019. ____________________________________ Karen Liebrecht, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Page 2 of 2 Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Kevin Myre, Building Official Date: May 23, 2019 Proceeding Type: New Business Subject: Resolution to Accept Easement – Shinn Short Plat Lot 1 Commercial Binding Site Plan, 1st Amendment Legislative History: •First Presentation: May 28, 2019 •Second Presentation: •Action: Motion Staff Report Summary Moses Lake Municipal Code 17.18.020.A.8 (Binding Site Plan Conditions and Requirements) requires that water and sewer improvements within a binding site plan shall be privately held, except that water meters shall be owned by the City. A municipal access easement is required to be recorded concurrently with all binding site plans, to allow the City to access the water meters and flush the water system. This requirement applies to all new and revises binding site plans submitted since the adoption of the ordinance in 2007. Background The Shinn Short Plat Lot 1 Commercial Binding Site Plan 1st Amendment, has been received, reviewed and approved and is required to provide this easement as noted above. Fiscal and Policy Implications Accepting the easement is consistent with existing policy and Municipal Code requirements. Options Option Results •Adopt the Resolution Staff will move forward with recording the binding site plan, so the property can be segregated, water meters installed and building Page 2 of 2 permits issued. •Take no action.The binding site plan will not be recorded. The property will not be divided and the owner will not be able to install water meters or continue with development of the property. Staff Recommendation Staff recommends that the Moses Lake City Council adopt the resolution as presented. Attachments A. Resolution B. Map of Shinn Short Plat Lot 1 Commercial Binding Site Plan, 1st Amendment Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel •Resolution Grant of Utilities Access Easement May 22, 2019 Page 1 of 2 RESOLUTION NO. 3768 A RESOLUTION ACCEPTING AN EASEMENT FROM LARRY BECK & LOIS SHINN Recitals: 1.Resolution #238 provides that all grants of real estate, or any interest therein, to the City of Moses Lake, shall not be accepted until a resolution has been duly passed by the City Council. 2.Larry Beck & Lois Shinn has presented a utility access easement to the City of Moses Lake. Resolved: 1.The easement for the following described property is hereby accepted by the City of MosesLake: Parcel E, Shinn Short Plat Lot 1 Commercial Binding Site Plan, 1st Amendment ADOPTED by the City Council on May 28, 2019. ____________________________________ Karen Liebrecht, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Page 2 of 2 Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Kevin Myre, Building Official Date: May 23, 2019 Proceeding Type: New Business Subject: Resolution to Accept Easement – Desertpoint Retail Binding Site Plan, 3rd Amendment Legislative History: •First Presentation: May 28, 2019 •Second Presentation: •Action: Motion Staff Report Summary Moses Lake Municipal Code 17.18.020.A.8 (Binding Site Plan Conditions and Requirements) requires that water and sewer improvements within a binding site plan shall be privately held, except that water meters shall be owned by the City. A municipal access easement is required to be recorded concurrently with all binding site plans, to allow the City to access the water meters and flush the water system. This requirement applies to all new and revises binding site plans submitted since the adoption of the ordinance in 2007. Background The Desertpoint Retail Major Plat Commercial Binding Site Plan 3rd Amendment, has been received, reviewed and approved and is required to provide this easement as noted above. Fiscal and Policy Implications Accepting the easement is consistent with existing policy and Municipal Code requirements. Options Option Results •Adopt Resolution Staff will move forward with recording the binding site plan, so the property can be segregated, water meters installed and building Page 2 of 2 permits issued. • Take no action. The binding site plan will not be recorded. The property will not be divided and the owner will not be able to install water meters or continue with development of the property. Staff Recommendation Staff recommends that the Moses Lake City Council adopt the resolution as presented. Attachments A. Resolution B. Map of Desertpoint Retail Major Plat Commercial Binding Site Plan, 3rd Amendment Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Resolution Grant of Utilities Access Easement May 22, 2019 Page 1 of 2 RESOLUTION NO. 3769 A RESOLUTION ACCEPTING AN EASEMENT FROM MAIERS DEVELOPMENT CORPORATION Recitals: 1. Resolution #238 provides that all grants of real estate, or any interest therein, to the City of Moses Lake, shall not be accepted until a resolution has been duly passed by the City Council. 2. Maiers Development Corporation has presented a utility access easement to the City of Moses Lake. Resolved: 1. The easement for the following described property is hereby accepted by the City of Moses Lake: Parcel J, Desertpoint Retail Major Plat Commercial Binding Site Plan 3rd Amendment ADOPTED by the City Council on May 28, 2019. ____________________________________ Karen Liebrecht, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Page 2 of 2 Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Kevin Myre, Building Official Date: May 21, 2019 Proceeding Type: New Business Subject: Build on Unplatted Property Resolution 3766 Legislative History: • First Presentation: May 28, 2019 • Second Presentation: • Action: Motion Staff Report Summary Community Development has received a request from Sagebrush Holdings to build on unplatted property at 6171 South Frontage Road. The proposal is to construct mini storage units on a 14- acre parcel. The applicant will be required to meet fire protection and building code requirements. This area is not served by City utilities, has its own well, and a 240,000 gallon storage system. The request was routed to City staff for comment. The Fire Marshal’s Office provided comment about fire flow and protection. Since the letter, he has been working with the applicant on solutions. Background A building permit cannot be issued on unplatted property in accordance with MLMC 16.02.040 unless the City Council finds that the public interest will not be adversely affected by the issuance of such a permit. Fiscal and Policy Implications None Page 2 of 2 Options Option Results • Adopt Resolution as presented. Find that the request meets the provisions of MLMC 16.02.040 and grant the request to building on unplatted property. • Take no action. The buildings will not be constructed and the property will remain as is. Staff Recommendation City staff recommends adoption of the Resolution for approval to build on unplatted property as presented. Attachments A. Resolution B. Site Plan C. Vicinity Map Legal Review N-A Page 1 of 3 RESOLUTION NO. 3766 A RESOLUTION ALLOWING SAGEBRUSH HOLDINGS, LLC TO BUILD ON UPLATTED PROPERTY Recitals: 1. Moses Lake Municipal Code 16.02.040 allows for the issuance of a building permit to a proponent who wishes to build on unplatted property after a resolution has been duly passed by the City Council. 2. Sagebrush Holdings, LLC has requested the City Council to allow them to build on unplatted property they own and described as follows: That portion of the south half of the Southwest Quarter of Section 30,Township 19North, Range 28 East, W.M., County of Grant, State of Washington, as delineated and described on the Boundary Line Adjustment Record of Survey drawing prepared by Western Pacific Engineering and Survey, Inc., dated February 2018, and as described as follows: Commencing at a 2" aluminum cap marking the Southeast corner of the Southwest quarter of said Section 30; thence North 88°57'10" West, coincident with the South line of the said Southwest quarter, a distance of 1210.15 feet to the POINT OF BEGINNING; thence continuing North 88°57'10" West, coincident with the South boundary line of the Southwest quarter of said Section 30, a distance of 1410.00 feet to a found United States Bureau of Reclamation brass cap monument marking the Southwest corner of the Southwest quarter of said Section 30; thence North 00°29'58" East, coincident with the West boundary line of the Southwest quarter of said Section 30, a distance of 412.27 feet, more or less to the South right of way boundary line for the State Highway No. 18 (now SR 90), as condemned by the State of Washington in Grant County Superior Court Cause No. 1007; thence East coincident with the South boundary line of said State Highway, on the following four (4) courses: South 84°08'14" East, a distance of 111.43 feet; North 78°50'35" East, a distance of 101.98 feet; South 89°50'50" East, a distance of 850.03 feet; North 87°17'25" East, a distance of 349.70 feet; thence South 00°30'20" West, a distance of 460.66 feet to the POINT OF BEGINNING.. Resolved: 1. Sagebrush Holdings, LLC be allowed to construct their mini-storage complex on unplatted property provided that all permits and construction plans are submitted and approved by the appropriate city departments. ADOPTED by the City Council on May 28, 2019. _____________________________________ Karen Liebrecht, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Page 2 of 3 Page 3 of 3 Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Fred Snoderly, Municipal Services Director Date: May 22, 2019 Proceeding Type: New Business Subject: Request to Connect to City Water and Sewer- 3189 Westshore Drive NE- Parcel #121126028 and #170732001 Legislative History: • First Presentation: May 28, 2018 • Second Presentation: • Requested Action: Motion Staff Report Summary Paul D. and Marnie Magnotto request approval for connecting to the City’s water and sewer systems to serve a single family residence on their lot at 3189 Westshore Drive NE, Parcel #121126028 and #171732001. The property is within the Urban Growth Area and defined as non-contiguous lands per Ordinance #3717. The property has an existing dwelling onsite that is served with an onsite septic system and receives domestic water from a well on the adjacent property. The proponent also pumps water from a shared pump station from the lake for irrigation. The property is within the retail service area of the Westshore Water Company, Inc. and has received a release to allow them to connect to city water. The request and approval will be for water and sewer connections, however, the proponent will only connect to water at this time. The City’s water and sewer systems have the capacity to serve the lot. Approval will be conditioned on the property owners providing a physical disconnect from the private well and will be required to sign an extra territorial agreement (ETA) meeting the requirements of Ordinance 3717. The ETA must be in place before a permit is issued for connecting to city services. Page 2 of 2 Background The water main and sewer force main on Westshore Drive NE was installed by the developers of the Moses Pointe development beginning in 2000. The property is under County jurisdiction but the property owner wishes to connect to the City water at this time. Fiscal and Policy Implications Per Resolution No. 3717, non-contiguous lands are required to meet the conditions of Item #6 to consider provision of water and/or sewer utilities to the property. The city would receipt typical fees for connections to city water and sewer and collect charges per the rates established in the MLMC. Options Option Results • Move to approve the request The owners will provide an extra territorial agreement and connect to City water. • Modify the request Action would require staff to bring a revised document to Council for consideration. • Take no action The proponent would not connect to City utilities and pursue other options to provide water to the property. Staff Recommendation Staff recommends City Council to approve to connect to the City water and sewer systems. If approved, the owners will be required to sign an extra territorial agreement before issuing a permit for the connections. Attachments A. Written Request, Vicinity Map Legal Review - N/A