2018 0925 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
Moses Lake Civic Center – 401 S. Balsam
Regular Meeting Agenda
September 25, 2018 at 7:00 p.m.
Call to Order – 7:00 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.
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 September 11th
b. Bills and Checks Issued
c. Accept 2017 Sidewalk and Ramp Repair Project
d. Award Grand Drive Construction Bid
e. Authorize DNR Waiver Resolution 3740
f. Parkview PUD Final Major Plat
Old Business
#2 MLMC 13.08 Water and Sewer Connection Amendment Ordinance 2908 Motion
Presented by Fred Snoderly, Municipal Services Director
Summary: Council to review and adopt ordinance as presented
September 25, 2018 City Council Meeting – Page 2
New Business 1 of 2
#3 City Business Logo Update MLMC 1.16 – 1st Presentation
Presented by John Williams, City Manager
Summary: Council to review and advise staff on how to proceed
#4 Nelson Business Park Final Short Plat Deferral Motion
Presented by Gil Alvarado, Community Development Director/Deputy City Manager
Summary: Council to review and approve as presented
#5 Surplus Property Resolutions 3741 and 3742 2 Motions
Presented by Gil Alvarado, Community Development Director/Deputy City Manager
Summary: Council to review and adopt resolutions separately, as presented
Executive Session
RCW 42.30.110 (1)(c) – To consider the minimum price at which real estate will be offered for sale
New Business 2 of 2
Authorize Purchase and Sale Agreements Motion
Administrative Reports
Council Communications and Reports
Adjournment
MOSES LAKE CITY COUNCIL
September 11, 2018
STUDY SESSION:
A study session was held prior to the regular meeting to discuss a budget direction for Fire
Department and Solid Waste Services.
CALL TO ORDER:
By a bang of a gong, the regular meeting of the Moses Lake City Council was called to order at 7:12 p.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam,
Moses Lake, Washington, followed by a moment of silence for those who lost their lives on 9-
11-2001. ROLL CALL:
Present: Mayor Liebrecht, Deputy Mayor Curnel; Council Members Jackson, Myers, Leonard,
Riggs, and Hankins.
PLEDGE OF ALLEGIANCE:
Fire Chief Brett Bastian led the Council in the Pledge of Allegiance in honor of 9-11.
SUMMARY REPORTS:
MAYOR’S REPORT
Mayor Liebrecht shared her experience from the recent visit and city tour for Grant County’s Sister City guests from Gunpo, South Korea.
ADDITIONAL BUSINESS
Council Member Leonard asked for an update to be scheduled to discuss the work program related to Crypto Currency. Deputy City Manager Gil Alvarado advised that staff has a meeting scheduled with the Grant County PUD at the end of September to discuss the data points they used for the new rates they adopted for this type of business.
CITY MANAGER’S REPORT
Police Officer Hiring Bonus Due to the recent registration for police academy registration, staff requested an increased signing bonus for Lateral positions.
Action taken: Council Member Jackson moved to authorize staff to offer a signing bonus not to exceed $10k, which will be distributed at discretion of the Police Chief and City Manager, second by Council Member Leonard. The motion carried 7 – 0.
Port of Moses Lake Passenger Van Interlocal Agreement
The city has been asked to provide a tour for seven visitors coming to Moses Lake from the Japan-America Society’s Grassroots Summit being held in Seattle next week. The ILA will allow the Port to loan their passenger van to the City to accommodate transportation of the guests for the city’s portion of their tour.
CITY COUNCIL MINUTES – September 11, 2018
pg. 2
Action taken: Deputy Mayor Curnel moved to authorize the City Manager to execute the Interlocal Agreement as presented, second by Council Member Leonard. The motion carried 7 –
0. Solid Waste and Recycling Cost of Service Report A study session was held with Bell & Associates on August 14th to review the draft report. A final draft of the study was distributed to Council in advance of the meeting.
Action taken: Deputy Mayor Curnel moved to accept the final Cost of Service Report, second by Council Member Jackson. The motion carried 7 – 0. WCIA Report Deputy City Manager Gil Alvarado provided a PowerPoint presentation to highlight the
benefits of the Washington Cities Insurance Authority (WCIA), as well as the evolution for actual vs. projection of claims data. PRESENTATION
Water System Water Division Supervisor Chad Strevy provided information for everyone to better understand how the water system operates, starting from 17 wells and ending with 9,300 service connections. They have received an overwhelming compliance from residents for the conservation efforts established by Council this year.
CONSENT AGENDA
#1 a. City Council meeting minutes August 28, 2018. b. Claims in the amount of $1,135,577.40; prepaid claim checks in the amounts of $4,333.78 and $24,128.75; claim checks in the amounts of $73,053.00 and
$659,353.85; and payroll checks in the amount of $419,236.53. c. Accept Ray Louise Major Plat. Action taken: Council Member Hankins moved to approve the Consent Agenda, second by Council Member Riggs. The motion carried 7 – 0.
OLD BUSINESS
#2 Street Name Change MLMC 12.32 Ordinance 2910 First presentation of the draft ordinance occurred on August 28th. The Ordinance renames
Leland Drive to Polo Ridge Drive to allow the roadway to have a consistent name along
its entire length.
Action taken: Council Member Leonard moved to adopt Ordinance 2910 as written, second by Council Member Myers. The motion carried 7 – 0.
NEW BUSINESS
CITY COUNCIL MINUTES – September 11, 2018
pg. 3
#3 Water and Sewer MLMC 13.08 Amendment
The amendment will remove water main assessments on WA State Department of Natural Resources property in consideration of Kittelson Road Easements. 1st presentation of the ordinance. No action taken.
#4 Deviation to Driveway Standard MLMC 12.10 Moses Lake School District is requesting a split driveway with designated in and out
lanes to serve a new parking lot on Pilgrim Street. Staff recommends the deviation be granted as a safety consideration.
Action taken: Council Member Leonard moved to approve the deviation as requested, second by Deputy Mayor Curnel. The motion carried 7 – 0. #5 Impact Fees Study – Parametrix Contract Council directed staff to retain a consultant to develop a methodology to implement Impact Fees to Street and Fire capital projects that have a nexus to the particular development. A written comment received from the Spokane Home Builders Association was distributed at the meeting.
Action taken: Council Member Jackson moved to authorize the City Manager to execute the agreement for impact fees as stated, second by Council Member Hankins. The motion carried 6 – 1, Council Member Leonard was opposed. ADMINISTRATIVE REPORTS
City Manager John Williams noted that the City has met with the Grant County Sheriff’s Office and Grant County Commissioners regarding distribution of the 3/10 sales tax option for law enforcement purposes. More information will follow as the Commissioners circulate information to other jurisdictions.
Fire Chief Brett Bastion announced a $5k grant award from the North Central EMS Committee for prehospital life support training. Deputy City Manager / Community Development Director Gil Alvarado informed Council of recent issues with mowing at the locations of signs in public places. Staff will present
suggestions at the next meeting for options to change the current practice. COUNCIL COMMUNICATIONS AND REPORTS – no action taken. EXECUTIVE SESSION
Mayor Liebrecht called an Executive Session at 8:40 p.m. to be held for 10 minutes pursuant to RCW 42.30.110(1)(c) to consider the minimum price at which real estate will be offered for sale with no action to follow. The session was extended at 8:50 p.m. for 20 minutes.
ADJOURNMENT
CITY COUNCIL MINUTES – September 11, 2018
pg. 4
The regular meeting was adjourned at 9:10 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: September 20, 2018
Proceeding Type: MOTION
Subject: Request To Accept Sidewalk and Ramp Project - 2017
Legislative History:
• First Presentation:
• Second Presentation:
September 25, 2018
• Action Motion
Staff Report Summary
DW Excavating, Inc. has completed work on the Sidewalk and Ramp Repair Project - 2017 and it is
ready to be accepted.
Background
The project consisted of reconstructing 84 existing sidewalk access ramps to meet current ADA
requirements and also addressing sidewalk issues around the Civic Center and both Fire Stations.
Project also repaired/replaced stormwater structures at the intersections being worked on. The
contract was awarded for $496,376.06. The final contract amount is $547,296.13. The increase
was for increased asphalt and concrete needed to make legal ramps in difficult retrofit situations.
Fiscal and Policy Implications
Upon acceptance, the City will enter into the 60 day lien period as required by Washington State
Law.
Page 2 of 2
Options
Option Results
• Approve a motion to accept the project
as presented.
The 60 day lien period will begin.
• Take no action. The project won’t be accepted at this time.
Staff Recommendation
Staff recommends accepting the Sidewalk and Ramp Repair Project - 2017.
Attachments
A. None
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: September 20, 2018
Proceeding Type: Consent Agenda
Subject: Request To Award Grand Drive Construction Project – 2018
Legislative History:
• First Presentation:
• Second Presentation
September 25, 2018
• Requested Action: Motion
Staff Report Summary
Staff opened bids for the Grand Drive Construction Project – 2018 on September 19th. The City
received three (3) bids for the work. The low bid was $197,425.96 and the Engineer’s Estimate
was $182,304.20.
Background
The 2018 budget includes money for completing these improvements. The project will use TBD
funds to pave Grand Drive between Hill Avenue and Ball Court. This is an existing gravel road that
has been used for many years as an access to the neighborhood to Hill Street. The existing AC water
main will also be replaced while this work is being done.
The City has not worked with Wheeler Excavation out of Benton City in the past. They meet all of
the criteria of a responsive and qualified bidder per Washington State laws and requirements.
Fiscal and Policy Implications
The project will require budgeted funds to be spent.
Page 2 of 2
Options
Option Results
• Award the Grand Drive Construction
Project – 2018 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 Grand Drive Construction Project – 2018 from Wheeler
Excavation in the amount of $197,425.96.
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: September 21, 2018
Proceeding Type: New Business
Subject: Resolution No. 3740 – Waiving Certain Water Main
Reimbursement Assessments in Consideration for Kittelson Road
Easements
Legislative History:
• First Presentation: September 25, 2018
• Second Presentation:
• Requested Action: Motion
Staff Report Summary
The attached resolution authorizes the City Manager to execute a settlement agreement that
conveys the right of way in Kittelson Road from the Department of Natural Resources to the City
in exchange for waiving future utility assessments that would be due upon development of the
property.
Background
The south half of Kittelson Road from Highway 17 to Road L is currently owned by DNR. Per state
law, compensation must be given to release the property to the City to operate and maintain the
existing roadway. This agreement would give the City permanent easement of the roadway.
Fiscal and Policy Implications
City will release assessments for future development but will not have to make a cash payment for
the land.
Page 2 of 2
Options
Option Results
• Move to pass the Resolution as
presented
Settlement agreement will be executed.
• Modify the Resolution Action would require to renegotiate the
Settlement Agreement
• Take no action The City will not receive the land for the south
half of Kittelson Road
Staff Recommendation
Staff recommends City Council adopt the Resolution as presented.
Attachments
A. Resolution 3740
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Resolution Kittelson Road DNR Waiver September 11, 2018
RESOLUTION NO. 3740 A RESOLUTION WAIVING CERTAIN WATER MAIN REIMBURSEMENT ASSESSMENTS IN CONSIDERATION FOR KITTELSON ROAD EASEMENTS
Recitals: 1. The State of Washington, acting by and through the Department of Natural Resources
(“State”), owns the NE1/4, Section 36, Township 19 North, Range 28 East, W.M.,
Grant County, Washington (“Premises”); 2. The City of Moses Lake (“City”) operates and maintains a city road commonly known as Kittelson Road in the N1/2 NE1/4, Section 36, Township 19 North, Range 28 East,
W.M., Grant County, Washington;
3. No grant of easement for Kittelson Road has been located in the public record over State lands, the location of which is shown approximately on Exhibit A (Settlement Agreement, Map, Public Road Easement);
4. Moses Lake Municipal Code sections 13.08.046 ($0.00453 per square foot), and 13.08.081 ($39.62 per front foot) set forth water main reimbursement assessments (“Assessments”) that affect the Premises. The current total outstanding value of the Assessments on the Premises is $79,734.00; and
5. The State is required to obtain compensation for the value of the easement area pursuant to RCW 79.36.440 and agrees that the waiver of the Assessments on the Premises of $79,734.00 is sufficient compensation to fully compensate the State.
Resolved:
1. In consideration for the State’s execution of the Settlement Agreement and conveyance of an easement over Kittelson Road as set forth in the attached Exhibit A, the City waives the Assessments described above and authorizes the City Manager to sign the Settlement
Agreement.
Adopted by the City Council of Moses Lake, WA on September 25, 2018.
____________________________________ Karen Liebrecht, Mayor ATTEST:
_______________________________________ Debbie Burke, City Clerk
Page 1 of 15
SETTLEMENT AGREEMENT THIS AGREEMENT, made and entered into this _____ day of ________________ , 20___, by and between the CITY OF MOSES LAKE, a political subdivision of the State of
Washington, herein called “Moses Lake,” and STATE OF WASHINGTON, acting by and
through the Department of Natural Resources, herein called "State," WITNESSETH: RECITALS
A. Whereas State owns the NE1/4, Section 36, Township 19 North, Range 28 East, W.M., Grant County, Washington (“Premises”); B. Whereas Moses Lake operates and maintains a city road commonly known as
Kittelson Road in the N1/2 NE1/4, Section 36, Township 19 North, Range 28 East,
W.M., Grant County, Washington; C. Whereas no grant of easement for Kittelson Road has been located in the public record over State lands, the location of which is shown approximately on Exhibit
A;
D. Whereas Moses Lake Municipal Code sections 13.08.046 ($0.00453 per square foot), and 13.08.081 ($39.62 per front foot) set forth water main reimbursement assessments (“Assessments”) that affect the Premises. The current total
outstanding value of the Assessments on the Premises is $79,734.00.
Now, therefore, Moses Lake and State agree to the following: AGREEMENT
1) Easement Consideration. State and Moses Lake agree that waiver of the Assessments on the Premises of $79,734.00 is sufficient consideration to compensate State for the appraised value of the easement area encumbered by Kittelson Road as required under RCW 79.36.440.
2) Record of Survey. Moses Lake shall prepare and record with the county, subject to prior approval by State, a Record of Survey showing the location of Kittelson Road on the Premises.
Page 2 of 15
3) Waiver of Assessments. In consideration for conveyance of an easement over Kittelson
Road as described herein, Moses Lake’s Council shall pass an ordinance waiving the Assessments in the amount of SEVENTY-NINE THOUSAND, SEVEN HUNDRED THIRTY FOUR
AND NO/00 DOLLARS ($79,734.00). This waiver shall constitute full payment of the Assessments, and shall remove any future obligation to pay the Assessments prior to
connecting to the city water main as required under Moses Lake Municipal Code section
13.08.030. 4) Kittelson Road Easement. Upon recordation of the Record of Survey and in consideration for Moses Lake’s waiver of the Assessments, State shall execute an
easement document granting Moses Lake an Easement for Kittelson Road over the
Premises, said easement to be substantially in the form of Exhibit B. 5) Notice. Any notices or submittals required or permitted under this Agreement may be delivered personally, sent by email or mailed first class, return receipt requested, to the
following addresses or to such other place as the parties hereafter direct. Notice will be
deemed given upon delivery, confirmation of email, or three days after being mailed, whichever is applicable. To State:
DEPARTMENT OF NATURAL RESOURCES Southeast Region 713 Bowers Rd Ellensburg, WA 98926
Email:
To Grantee: City of Moses Lake PO Box 1579
Moses Lake, WA 98837
Email: 6) Construction. The terms of this Agreement shall be given their ordinary meaning unless defined herein and shall not be presumed construed against the drafter.
7) Effective Date. The Effective Date of this Agreement shall be the date on which the last party executes this Agreement. The Effective Date will be inserted on the first page of the Agreement when such date is determined.
8) Exhibits. All exhibits referenced in this Agreement are incorporated as part of the
Agreement. [Signature Page Follows]
Page 3 of 15
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in
duplicate, to become effective as of the day and year first above written.
CITY OF MOSES LAKE
Dated: , 20 . JOHN WILLIAMS City Manager
PO Box 1579
Moses Lake, WA 98837 Phone: 509-764-3701
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: , 20 .
ANGUS W. BRODIE Deputy Supervisor for State Uplands 1111 Washington Street SE P.O. Box 47000
Olympia WA 98504-7000
Phone: 360-902-1355
Page 4 of 15
EXHIBIT A MAP
Page 5 of 15
EXHIBIT B KITTELSON ROAD EASEMENT
PUBLIC ROAD EASEMENT
Grantor(s): STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES
Grantee(s): CITY OF MOSES LAKE Legal Description: N1/2 NE1/4 S36, T19N, R28E
Assessor’s Property Tax Parcel or Account Number: 11-0076-002 Cross Reference: Survey AFN _________
DNR Easement No. 50-096240
This Easement is between CITY OF MOSES LAKE, a municipal corporation of the State of Washington herein called "Grantee" and the STATE OF WASHINGTON, acting by and through the Department of Natural Resources, herein called "State" dated as of "Effective Date".
Conveyance. State for and in consideration of the terms and conditions specified herein, hereby grants and conveys to the Grantee: A non-exclusive easement in gross for the sole purpose of construction, operation, use, and
maintenance of a public road over and across portions of N1/2 NE1/4 Section 36, Township
19 North, Range 28 East, W.M., more specifically described on that Record of Survey (hereinafter Easement Area), dated (Enter Date), recorded in Grant County, Washington on (Enter Date) under Auditor File Number (Enter AFN) and by this reference made a part hereof, approximately as shown on Exhibit A.
Consideration. The consideration paid by the Grantee to State is as follows: SEVENTY-NINE THOUSAND, SEVEN HUNDRED THIRTY FOUR AND NO/00 DOLLARS ($79,734.00), the amount of which Grantee waived in assessments under Ordinance No. #### passed by the Moses Lake City Council on (Enter Date), as agreed in that Settlement Agreement dated (Enter Date), as
shown on Exhibit B.
Term. The term of this Easement shall be perpetual unless vacated by Grantee as provided by law.
Assignment. Neither this Easement, nor any of the rights granted herein, shall be assigned
without prior written consent of State, which consent shall not be unreasonably withheld. Compliance with Laws. Grantee shall, at its own expense, conform to all applicable laws,
Page 6 of 15
regulations, permits, or requirements of any public authority affecting the Easement Area and
the use thereof. Upon request, Grantee shall supply State with copies of permits or orders.
Indemnity. Grantee shall indemnify, defend with counsel acceptable to State, and hold harmless State, its employees, officers, and agents from any and all liability, damages, expenses, causes of action, suits, claims, costs, fees (including attorney's fees), penalties, or
judgments, of any nature whatsoever, arising out of the use, occupation, or control of the
Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees, including but not limited to the use, storage, generation, processing, transportation, handling, disposal, release, or threatened release of any hazardous substance or materials. To the extent that RCW 4.24.115 applies, Grantee shall not be required to
indemnify State from State's sole or concurrent negligence. This indemnification shall
survive the expiration or termination of the Easement. Grantee waives its immunity under Title 51 RCW and under RCW 36.75.300 to the extent required to indemnify State. Insurance. Before using any of said rights granted herein and at its own expense, the Grantee
shall obtain and keep in force during the term of this Easement and require its contractors,
sub-contractors, or other permittees to obtain while operating on the Easement Area, the following liability insurance policies, insuring Grantee against liability arising out of its operations, including use of vehicles. Failure to buy and maintain the required insurance may result in the termination of the Easement at State’s option. The limits of insurance which may
be increased by State, when there is a change in authorized use or there is an increase in the
risks related to the current authorized use, shall not be less than as follows: (a) Commercial General Liability (CGL) insurance with a limit of not less than $1,000,000 per each occurrence. If such CGL insurance contains aggregate
limits, the general aggregate limits shall be at least twice the "each occurrence"
limit, and the products-completed operations aggregate limit shall be at least twice the "each occurrence" limit. (b) Employer's liability ("Stop Gap") insurance, and if necessary, commercial
umbrella liability insurance with limits not less than $1,000,000 each accident
for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. (c) Business Auto Policy (BAP) insurance, and if necessary, commercial umbrella
liability insurance with a limit of not less than $1,000,000 per accident, with
such insurance covering liability arising out of "Any Auto". Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. If necessary the policy shall be endorsed to provide contractual liability coverage and cover a “covered pollution cost or
expense” as provided in the 1990 or later versions of CA 00 01. Grantee
waives all rights against State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance.
Page 7 of 15
(d) Grantee shall comply with all State of Washington workers' compensation
statutes and regulations. Workers' compensation coverage shall be provided for all employees of Grantee and employees of any contractors, sub-contractors or other permittees. Except as prohibited by law, Grantee(s) waives all rights of subrogation against State for recovery of damages to the extent they are
covered by workers compensation, employer’s liability, commercial general
liability or commercial umbrella liability insurance. All insurance must be purchased on an occurrence basis and should be issued by companies admitted to do business within the State of Washington and have a rating of A- or better in the
most recently published edition of Best's Reports. Any exception shall be reviewed and
approved in advance by the Risk Manager for the Department of Natural Resources. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and Chapter 284-15 WAC.
The State of Washington, Department of Natural Resources, its elected and appointed
officials, agents and employees shall be named as an additional insured on all general liability, excess, and umbrella insurance policies. Before using any said rights granted herein, Grantee shall furnish State with a certificate(s) of
insurance, executed by a duly authorized representative of each insurer, showing compliance
with the insurance requirements specified above. Certificate(s) must reference State's easement number. State shall be provided written notice before cancellation or non-renewal of any insurance
referred to herein, as prescribed in statute (Chapter 48.18 RCW or Chapter 48.15 RCW).
Grantee shall include all contractors, sub-contractors and other permittees as insureds under all required insurance policies, or shall furnish separate certificates of insurance and endorsements for each. Contractors, sub-contractors and other permittees must comply with all insurance requirements stated herein. Failure of contractors, sub-contractors and other
permittees to comply with insurance requirements does not limit Grantee’s liability or
responsibility. All insurance provided in compliance with this Easement shall be primary as to any other insurance or self-insurance programs afforded to or maintained by State. Grantee waives all
rights against State for recovery of damages to the extent these damages are covered by
general liability or umbrella insurance maintained pursuant to this Easement. By requiring insurance herein, State does not represent that coverage and limits will be adequate to protect Grantee, and such coverage and limits shall not limit Grantee’s liability
under the indemnities and reimbursements granted to State in this Easement.
If Grantee is self-insured, evidence of its status as a self-insured entity shall be provided to State. If requested by State, Grantee must describe its financial condition and the self-insured
Page 8 of 15
funding mechanism.
Waste. Grantee shall not deposit refuse, garbage, or other waste matter or use, store, generate, process, transport, handle, release, or dispose of any hazardous substance, or other pollutants in or on the Easement Area except in accordance with all applicable laws.
The term hazardous substance means any substance or material as those terms are now or are
hereafter defined or regulated under any federal, state, or local law including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA 42 USC 9601 et seq.) as administered by the US Environmental Protection Agency, or the Washington Model Toxic Control Act (MTCA RCW 70.105D) as administered by the State
Dept. of Ecology.
Grantee shall immediately assume responsibility for a hazardous substance release (spill) caused by Grantee or its Permittees on or adjoining the Easement Area.
As responsible party, Grantee shall:
• Immediately notify all necessary emergency response agencies, as required under
federal, state and local laws, regulations, or policies.
• Following emergency response agency notifications, notify State (Dept. of Natural
Resources) of all spill releases and Grantee actions completed for spill reporting and
actions planned or completed toward spill cleanup. State notification requirements are
“same business day” notification for normal state work days and “next available
business day” notification for weekends and holidays.
• At Grantees sole expense, conduct all actions necessary to mitigate the spill release.
Mitigation response actions may include, but are not necessarily limited to, initial
release containment, follow-up site cleanup and monitoring actions, and continued
contact and coordination with regulators and State, as defined under the
aforementioned laws, regulations, policies and this agreement.
• Other than performing initial emergency response cleanup/containment actions; obtain
approvals in advance of all site cleanup actions (e.g. site characterization
investigations, feasibility studies, site cleanup and confirmation sampling, and
groundwater monitoring) conducted on State lands, in coordination with regulatory
agencies and State.
• Obtain and understand all necessary hazardous substance spill release notification and
response mitigation requirements, in advance of conducting Grantee operations on
State land.
Survey Markers. Grantee shall not destroy any land survey corner monuments and/or reference points (including but not limited to corner markers, witness objects, or line markers) without prior written approval from State, which shall not be unreasonably withheld.
Monuments or reference points that must necessarily be disturbed or destroyed during road
construction or maintenance activities must be adequately referenced and replaced, at the
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Grantee’s cost, under the direction of a State of Washington Professional Land Surveyor, in
accordance with all applicable laws of the State of Washington in force at the time of
construction, including but not limited to RCW 58.24, and all Department of Natural Resources regulations pertaining to preservation of such monuments and reference points. Construction/Reconstruction. Sixty (60) days prior to any construction or reconstruction,
other than Regular Maintenance, by Grantee on the Easement Area, Grantee shall submit a
written plan of construction to State outlining the construction or activity for State's approval, which shall not be unreasonably withheld. In the event of an emergency requiring immediate action to protect person or property, Grantee may take reasonable corrective action without prior notice to State. Regular Maintenance is defined as that work which is necessary to keep
the road in its originally constructed condition and includes activities including surface layer
repairs, sidewalk repairs, catch basin and pipe cleaning, and weed control, except as otherwise provided in the paragraph Weed Control/Pesticides. All construction or reconstruction shall comply with applicable state or local laws.
Maintenance, Repair, and Improvements. Grantee shall have sole responsibility for the
maintenance, repair and improvement of the road to county road standards. Weed Control/Pesticides. The Grantee shall control at its own cost, all noxious weeds on any portion of the Easement Area herein granted. Such weed control shall comply with
county noxious weed control board rules and regulations established under the Uniform
Noxious Weed Control Statute (Chapter 17.10 RCW). The Grantee shall be responsible for, or shall immediately reimburse State any weed control cost incurred as a result of the Grantee's failure to control weeds on the Easement Area.
For all ground methods of chemical weed control either (1) Grantee shall report to State at the
region office within 30 days after the weed control activities, or (2) Grantee shall submit to State an annual weed control plan prior to commencement of weed control activities. The aerial application of pesticides is not permitted.
Notice. Any notices or submittals required or permitted under this Easement may be delivered personally, sent by facsimile machine or mailed first class, return receipt requested, to the following addresses or to such other place as the parties hereafter direct. Notice will be deemed given upon delivery, confirmation of facsimile, or three days after being mailed,
whichever is applicable.
To State: DEPARTMENT OF NATURAL RESOURCES Southeast Region
713 Bowers Rd Ellensburg, WA 98926
Page 10 of 15
To Grantee:
City of Moses Lake
PO Box 1579 Moses Lake, WA 98837 Recording. Grantee shall record this Easement in the county in which the Easement Property
is located, at Grantee's sole expense. Grantee shall provide State with a copy of the recorded
Easement. Grantee shall have thirty (30) days from the date of delivery of the final executed agreement to comply with the requirements of this section. If Grantee fails to record this Easement, State may record it and Grantee shall pay the costs of recording, including interest, upon State's demand.
Abandonment. In the event any portion of the road is abandoned, the Grantee shall take the necessary legal action to vacate such portions and shall immediately restore the land within all vacated portions to natural conditions as may be directed by State. In restoring the land, all asphalt shall be removed from the vacated portion; the asphalt shall not be deposited on the
adjacent State land. In addition, the land surface shall be scarified to blend with the adjoining
landscape. Noncompliance. State shall notify the Grantee of any instance of noncompliance by the Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees
with any of the terms and conditions hereof. Such notice will specifically identify the manner
of noncompliance herewith. In the event the Grantee does not undertake, or cause to be undertaken, remedial action within thirty (30) days following receipt of said notice, State, acting by and through its Region
Manager at Ellensburg, Washington, may suspend the Grantee's operations until such time as
effective remedial action is taken, or until a plan has been submitted to State for remedial actions that cannot be completed within thirty (30) days. Construction. The terms of this Easement shall be given their ordinary meaning unless
defined herein and shall not be presumed construed against the drafter.
Effective Date. The Effective Date of this Easement shall be the date on which the last party executes this Easement. The Effective Date will be inserted on the first page of the Easement when such date is determined.
Exhibits. All exhibits referenced in this Easement are incorporated as part of the Easement. Headings. The headings in this Easement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Easement nor
the meaning of any of its provisions.
Modification. Any modification of the Easement must be in writing and signed by the parties. State shall not be bound by any oral representations or statements.
Page 11 of 15
Non-waiver. The waiver by State of any breach or the failure of State to require strict
compliance with any term herein shall not be deemed a waiver of any subsequent breach. Severability. If any provision of this Easement shall be held invalid, it shall not affect the validity of any other provision herein.
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, as of the day and year first above written. CITY OF MOSES LAKE
Dated: , 20 . JOHN WILLIAMS
City Manager
PO Box 1579 Moses Lake, WA 98837 Phone: 509-764-3701
STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES
Dated: , 20 . ANGUS W. BRODIE Deputy Supervisor for State Uplands 1111 Washington Street SE
P.O. Box 47000
Olympia WA 98504-7000 Phone: 360-902-1355 Approved as to Form This ____ day of __________, 2018 _____________________________ Christa L. Thompson Assistant Attorney General
Page 12 of 15
REPRESENTATIVE ACKNOWLEDGMENT
State of Washington County of Grant
I certify that I know or have satisfactory evidence that JOHN WILLIAMS is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of the City of Moses Lake to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated:
(Signature)
(Seal or stamp) (Print Name)
Notary Public in and for the State of Washington,
residing at . My appointment expires .
Page 13 of 15
STATE ACKNOWLEDGMENT
State of Washington County of Thurston
I certify that I know or have satisfactory evidence that ANGUS W. BRODIE is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Deputy Supervisor for State Uplands of the Department of Natural Resources of the State of Washington to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated: (Signature)
(Seal or stamp)
(Print Name) Notary Public in and for the State of Washington, residing at .
My appointment expires .
Page 14 of 15
EXHIBIT A MAP
Page 15 of 15
EXHIBIT B Settlement Agreement
To be attached with recording process.
Page 1 of 2
CITY OF MOSES LAKE
STAFF REPORT
To: John Williams, City Manager
From: Gilbert Alvarado, Community Dev. Dir. / Deputy City Manager
Date: September 20, 2018
Proceeding Type: Consent Agenda
Subject: Parkview PUD Final Major Plat Alteration Acceptance
Legislative History:
• First Presentation: September 25, 2018
• Second Presentation:
• Requested Action: Motion
Staff Report Summary
Attached is the Parkview PUD Final Major Plat Alteration, Findings of Fact as recommended
by the Planning Commission. The Planning Commission considered the Final Plat Alteration
at their September 13, 2018 regular meeting and recommended approval of the final plat
alteration.
Background
The proposed final plat alteration is to create a 6-Lot Major Subdivision from what was previously
one lot within the existing approved PUD. The former Del’s Arts and Craft building was located
on the subject lot and originally intended for renovation into apartments and professional office
space. Finding renovation beyond practicality, the owners chose to subdivide In order to stay
consistent with the rest of the PUD development of townhouses.
The City Council approved by Ordinance # 2898, the preliminary major plat alteration, on May 22,
2018.
Page 2 of 2
Fiscal and Policy Implications
Recordation of the Final Plat Alteration will enable development of project, which will generate
sales tax and property tax for the General Fund.
Options
Option Results
• Approve the Final Plat Alteration as
presented
The Final Plat is recorded with the Grant
County Auditor to finalize the platting process.
• Modify the Final Plat Alteration Provide staff with specific changes
• Take no action The Final Major Plat Alteration does not move
forward to recordation and certificate of
occupancy denied per MLMC 17.09.090(E).
Staff Recommendation
Staff recommends City Council approve the Parkview PUD Final Major Plat Alteration as
presented.
Attachments
A. Findings of Fact & Plat Map
B. Ordinance #2898 & MLMC 17.09.090(E)
Legal Review N/A
CITY OF MOSES LAKE MUNICIPAL CODE
CHAPTER 17.09 - SHORT SUBDIVISIONS
17.09.070 Expiration of Preliminary Short Subdivision Approval:
A.A preliminary short subdivision approval shall expire and become null and void after one (1)
year from the date of preliminary subdivision approval unless an extension is approved by the
Plat Administrator.
B.The Plat Administrator may grant one (1) extension of the preliminary subdivision approval for
a period not to exceed one (1) year, provided that the applicant submits a written request for
an extension at least thirty (30) calendar days before the expiration of the preliminary short
subdivision approval. (Ord. 2576, 7/27/10; Ord. 2143, 12/9/03; Ord. 1064, 1982)
17.09.080 Preliminary Short Subdivision Appeals: Decisions approving or disapproving preliminary short
subdivisions are reviewable as provided in Chapter 20.11. (Ord. 2576, 7/27/10; Ord. 2382,
3/25/08; Ord. 2143, 12/9/03; Ord. 1064, 1982)
17.09.090 Improvements:
A.After the preliminary subdivision is approved, required improvements shall be constructed by
the applicant. Improvement design and approval shall be in accordance with Chapter 17.24.
B.All approvals of project permit applications shall be processed as provided in state law.
C.The Development Engineer shall review all required improvements to ensure conformance
with approved plans and specifications. All construction of municipal improvements requires
a Street and Utility Construction Permit to be obtained in accordance with Chapter 12.16.
D.Prior to submitting the final subdivision application, the applicant shall complete all required
improvements, except as noted below:
1.In lieu of completing and installing all required improvements, a subdivision bond or other
security shall be submitted by the applicant for approval by the City Attorney. A bond or
alternative security shall be in an amount of one hundred fifty percent (150%) of the cost
of the actual construction remaining. The applicant shall submit documentation of the cost
of construction to the Municipal Services Director to support the determination of the
amount required for bond or alternative security. Bonds or alternate security for short
subdivisions shall be in effect for one (1) year, and shall be on forms approved by the City
Attorney.
a.All improvements listed in the subdivision bond or approved security shall be installed
by the contractor, and acceptable by the City, within one (1) year of accepting the bond
or approved security.
b.The Plat Administrator may approve one (1) extension of the subdivision bond or
approved security for a period not to exceed one (1) year, provided that said request
for an extension is filed with the Plat Administrator at least sixty (60) calendar days
prior to expiration of the bond or approved security.
c.If a time extension is approved, new security documents shall be submitted by the
applicant. The new security shall be adjusted to accommodate increased costs for
completing all required improvements. A new security shall not include additional
construction requirements beyond the original scope of work. If the increased costs
are not accepted by the surety, or if the Plat Administrator denies the request for
extension, and the required improvements are not complete, the City shall foreclose
on the existing security, and the subdivision will be held in abeyance.
(7/10)14
CITY OF MOSES LAKE MUNICIPAL CODE
CHAPTER 17.09 - SHORT SUBDIVISIONS
E.A Certificate of Occupancy shall not be issued for buildings that are permitted on plats that
have a subdivision bond or alternate security attachment until the following events have
occurred:
1.Required improvements have been constructed to Community Street and Utility Standards
and accepted by the City Council.
2.The final plat has been recorded.
3.The building or structure complies with the provisions of the State Building Code. (Ord.
2576, 7/27/10; Ord. 2340, 7/24/07; Ord. 2258, 5/23/067; Ord. 2143, 12/9/03; Ord. 1661,
1994; Ord. 1240, 1986; Ord. 1064, 1982)
17.09.100 Final Short Subdivision Application:
A.The applicant shall provide the final short subdivision application to the Plat Administrator on
forms provided by the Community Development Department.
B.A final short subdivision application will not be accepted until all required improvements are
accepted by City Council; or until a subdivision bond or alternate security is approved in
accordance with this chapter.
C.All public dedications that are required or approved for a subdivision, together with any
restrictions or limitations thereon, shall be shown on the final plat. These areas shall be shown
as dedications on the final plat; or deeds, municipal easements, or both, for properties outside
the subdivision boundaries. All deeds and easements required with approval for a subdivision
shall be provided for review and acceptance by the City prior to recording.
D.The final short subdivision application shall be accompanied by the following:
1.A plat certificate from a title company licensed to do business in the State of Washington,
dated within thirty (30) days of submitting the final subdivision application confirming that
the title of the lands corresponds with the owners described and shown on the plat and
instrument of dedication.
2.A non-refundable fee per Chapter 3.54.
3.Twelve (12) full-size copies of the final plat, drawn in accordance with the requirements of
Chapter 17.15.
4.Lot, block, and boundary closures for review by the Development Engineer.
5.Final subdivision application form, completed and signed by the property owner.
6.A reduced set of all application drawings, each drawing on eleven inch (11") by seventeen
inch (17") paper. Smaller sized drawings may be approved by the Plat Administrator.
E.The final short subdivision shall be approved or disapproved within the time limitations
established by state law.
F.No final short subdivision shall be approved unless the City makes a written finding of fact that
the proposed subdivision is in conformance with applicable zoning ordinances and land use
controls.
(7/10)15
Page 1 of 2
CITY OF MOSES LAKE
STAFF REPORT
To: John Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: September 21, 2018
Proceeding Type: New Business
Subject: Amend MLMC 13.08 Water and Sewer Connections
Ordinance 2908
Legislative History:
• First Presentation: September 11, 2018
• Second Presentation: September 25, 2018
• Requested Action: Motion
Staff Report Summary
Attached is an ordinance to amend MLMC 13.08.046 and 13.08.081 which will remove water main
assessments on Washington State Department of Natural Resources (WSDNR) property in
consideration for Kittelson Road Easements.
Background
The south half of Kittelson Road from Highway 17 to Road L NE has been owned by the WSDNR.
No record can be found that conveys that property to the County or City for right of way purposes.
The City has negotiated to acquire the property from WSDNR in exchange for waiving the
reimbursements to the property for future water connections.
Fiscal and Policy Implications
The City will not collect future reimbursements for a water connection on the WSDNR property.
The City will not have to pay for the right of way to operate and maintain Kittelson Road.
Page 2 of 2
Options
Option Results
• Move to adopt the Ordinance as
presented.
MLMC 13.08 will be updated
• Modify the Ordinance Action could require staff to bring a revised
document to Council for consideration.
• Take no action The property will not be acquired and the City
will not have the right to operate and maintain
the roadway.
Staff Recommendation
Staff recommends City Council adopt the Ordinance as presented.
Attachments
A. Draft Ordinance
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Ordinance MLMC 13.08 Amendment September 11, 2018
°
ORDINANCE NO. 2908 AN ORDINANCE AMENDING MLMC 13.08.046 AND 13.08.081 REGARDING WATER MAIN CONNECTION CHARGES
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 13.08.046 Main Connection Charges – Highway 17 is amended as follows:
13.08.046 Main Connection Charges - Highway 17:
A. Water service installed by the City of Moses Lake along Highway 17 for property
described below, shall be reimbursed by the property owner upon property
subdivision or upon request to connect to city water. The reimbursement shall be a portion of the regular permit fee for water services as required by ordinance. The reimbursement amounts of the permit fee shall be deposited to the 477 fund and the remaining portion of the permit fee shall be placed in the City of Moses Lake water
revenue fund.
1. The connection charge shall be assessed against the following property at a cost of
$14.07 per front foot:
Those parcels of land in Section 25, Township 19 North, Range 28 East Willamette Meridian, lying easterly of and abutting the following described line: Commencing at the south 1/4 corner of said section; thence south 89 19'20" east along South boundary line of the southeast ¼ line of said section a distance of 110.46 feet’ thence north 00 degrees 38’33” east a distance of 30.00 feet to the northerly right-of-way line of Kittelson Road and to the northeasterly right-of-way line of State Highway SR-17 and to the true point of beginning; thence north 38 degrees 53’30” west along the northeasterly right-of-way line of said highway a distance of 3,806.61 feet; thence on a 716.36 foot radius curve concave to the northeast an arc distance of 486.90 feet, the long chord of said curve being north 19 degrees 25’00” west a distance of 477.59 feet; thence north 00 degrees 3’30” east a distance of 1,916.04 feet to the southerly right-of-way line of Nelson Road and to the terminus of the line being described except the South Campus Park Binding Site Plan.
2. The connection charge shall be assessed against the following property at a cost of $0.00453 per square foot: A portion of land in Sections 25, 26, 35 and 36, Township 19 North, Range 28,
East Willamette Meridian, more particularly described as follows:
The west 1/2 of Section 25 lying south of a line 660 feet north of Farm Unit 123 and northeasterly of State Highway SR-17, except the South Campus Park Binding Site Plan; together with:
°
°
°
°
The southerly 868.5 feet of the westerly 1,112.5 feet of the southwest 1/4 of the
southeast 1/4 of Section 25; together with:
The west 1/2 of Section 25 lying southwesterly of State Highway SR-17; together with: The east 1/2 of the east 1/2 of Section 26 lying southerly of a line 660 feet north of the north boundary line of the southeast quarter of Section 26; together with:
The east 1/2 of the northeast 1/4 of Section 35 lying north of State Highway I-90;
together with:
The north 1/2 of Section 36 lying north of State Highway I-90; xcept:
All that land contained in all state, county, and city right-of-ways.
B. Water service installed by the City of Moses Lake along Highway 17 for property described below, shall be reimbursed by the property owner upon request to connect to city water. The reimbursement shall be a portion of the regular permit fee for water
services as required by ordinance. The reimbursement amounts of the permit fee shall be deposited to the 477 fund and the remaining portion of the permit fee shall be placed in the City of Moses Lake water revenue fund.
1. The connection charge shall be assessed against the following property at a cost of $14.07 per front foot: Those parcels of land in Section 25, Township 19 North, Range 28 East
Willamette Meridian, lying easterly of and abutting the following described line:
Commencing at the northwest corner of said section; thence south 89 20'00" east along the north boundary of said section 429.00 feet; thence south 00 32'31" west 700.00 feet; thence north 89 20'00" west 279.00 feet to the east right-of-way of SR 17, and the true point of beginning; thence south 00 32'00" west along the east right-of-way of said SR 17 a distance of 597.00 feet.
2. The connection charge shall be assessed against the following property at a cost of $0.00453 per square foot: A portion of land in Section 25, Township 19 North, Range 28, East Willamette
Meridian, more particularly described as follows:
The south 660 feet of the east 1,775 feet of Farm Unit 117, Irrigation Block 41 except all that land contained in all state, county, and city right-of-ways. Section 2. Section 13.08.081 Water Main Connection Charges – Installed along Kittelson Road
and Road ‘L’ NE is amended as follows:
13.08.081 Water Main Connection Charges - Installed along Kittelson Road and Road ‘L’ NE: Water service installed by the City of Moses Lake along Kittelson Road and Road ‘L’
N.E.in Sections 25 and 36, Township 19 North, Range 28 East, W.M., and Sections 30
and 31, Township 19 North, Range 29 East W.M. under the Water Main Replacement
Project 2003 shall be assessed thirty dollars and eleven cents ($30.11) per front foot on the properties described below. The charge shall be paid upon property subdivision or upon request to connect to city water. The reimbursement shall be placed in Fund 410. All properties abutting Kittelson Road from the west right of way line of Ramm Road to the centerline of Road ‘L’ NE; and all properties abutting Road ‘L’ NE from the north
right of way line of Kittelson Road extending 360 feet south, except any properties contained within Section 36, T19N, R28E, W.M. Section 3. 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 and signed by its Mayor on September 25, 2018, 2018.
____________________________________ 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: October 1, 2018 Date Effective: October 6, 2018
Page 1 of 2
CITY OF MOSES LAKE
STAFF REPORT
To: Mayor and Council
From: John Williams, City Manager
Date: September 21, 2018
Proceeding Type: New Business
Subject: Amend City Business Logo MLMC 1.16
Legislative History:
• First Presentation: September 25, 2018
• Second Presentation: October 9, 2018
• Requested Action: Consideration to adopt ordinance
Staff Report Summary
The draft ordinance will move the existing business logos to the alternate logo section in the
Code and establish a modified version of the 80th Anniversary as the official business logo.
Background
A local community college graphic arts program volunteered to create options for city logo to be
used for the celebration of the city’s 80th Anniversary of incorporation. Two students submitted
artwork with viable options that were representative of the city. The final rendering is one of the
student’s artwork that has been modified by a professional graphic artist for a nominal fee.
Fiscal and Policy Implications
N-A
Page 2 of 2
Options
Option Results
• Move to adopt the ordinance as
presented
1st Presentation, no motion required
• Modify the draft ordinance Provide staff with specific changes
• Take no action The modification of the 80th Anniversary Logo
will not be used for city business
Staff Recommendation
Staff recommends City Council review the amendment and consider adoption at the next Regular
Council Meeting.
Attachments
A. Draft Ordinance
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
Ordinance City Business Logo Amendment September 25, 2018
ORDINANCE – 1st Presentation September 25, 2018
AN ORDINANCE AMENDING THE MOSES LAKE MUNICIPAL CODE SUBSECTIONS 1.16.020 AND 1.16.030 TITLED “FORM OF OFFICIAL CITY BUSINESS LOGO” AND “FORMS OF ALTERNATE CITY LOGO”
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS: Section 1. Subsection 1.16.020 of the MLMC titled “Form of Official City Business Logo” is amended as follows:
1.16.020 Forms of Official City Business Logo:
(Prior business logos are moved to alternate logo section 1.16.030)
The official city business logos depicted above are stylized portrayals is a circular
design that includes of the sun, dunes, and water. The words “City of Moses Lake”, or “Moses Lake” and/or the inclusion of the words “Jump In” are integrated into the design. This city logo is registered and trademarked for exclusive use by the Cityshall be used by the City of Moses Lake and its departments only in their official capacity
and shall not be used by others.
Section 2. Subsection 1.16.030 of the MLMC titled “Form of Alternate Official City Logo” is amended as follows:
1.16.030 Forms of Alternate Official City Logo:
The alternate official city logos depicted above are 1) a stylized portrayal of the lake and a heron lifting from the lake; and 2) a stylized portrayal of the sun, water (lake), earth (sand), and sky; or 3) stylized portrayal of the sun and water. The words “City of Moses Lake”, “Moses Lake”, and/or the inclusion of “Jump In” are integrated into
the design of alternate logo. These alternate city logos shall be used by the City of
Moses Lake and its departments only in their official capacity and shall not be used by others. Existing authorized uses may continue as currently placed until such time that it becomes financially feasible or prudent to replace, repaint, or remove them.
Section 3. Severability. If any section of this ordinance is found to be unconstitutional or invalid
as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days after its
passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on October
9, 2018.
_____________________________________
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 1 of 2
CITY OF MOSES LAKE
STAFF REPORT
To: John Williams, City Manager
From: Gilbert Alvarado, Deputy City Manager
Date: September 19, 2018
Proceeding Type: New Business
Subject: Nelson Business Park Final Short Plat - Deferral Request
Legislative History:
• First Presentation: September 25, 2018
• Second Presentation:
• Requested Action: Consideration and Motion
Staff Report Summary
Attached is a request from Columbia Northwest Engineering on behalf of property owners Dale
and Cindy Good, to allow a deferral of Park Fees and Water Rights fees associated with the
platting of the property. The subject property is an undeveloped parcel located North of Nelson
Road, West of Clover Drive, and adjacent to Highway 17. The site is in the final stages of the
Short Plat process and is zoned R-3 Residential which allows for Professional Office uses which
has drawn interest.
Background
The property owners wish to sell the property once the Short Plat is complete and recorded and
have an interested party in the property. However, prior to recording of the plat, the estimated
cost for Park fees and Water Rights are due in full. The estimated fee in lieu is based on potential
use as it is currently zoned and not a future use when developed commercially.
MLMC 17.09.050 and MLMC 17.33 both address the process for a property owner going through
the platting process to make a request for a waiver, deferral and deviation to any provision of
Title 17, Subdivisions. The Park Fees and Water Rights fee are required under the provisions of
Page 2 of 2
Title 17. In accordance with MLMC 17.09.050 and 17.33, the Planning Commission considered
the request at their regular scheduled meeting on September 9th and recommended to the City
Council that the deferrals be approved.
Fiscal and Policy Implications - To be determined.
Options
Option Results
• Approve the deferral as
presented
Would allow for timely
disbursement of fees due
• Modify the Deferral Provide staff with specific
changes
• Take no action Fees as presented are required
to be paid prior to Plat
recordation.
Staff Recommendation
The City Council should consider the Planning Commission’s recommendation to approve the
Nelson Business Park Final Short Plat Deferral and provide direction to Staff on how to proceed.
Attachments
A. Proponent Request & Site Map
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: September 21, 2018
Proceeding Type: New Business
Subject: Sale of Surplus Property
Legislative History:
• First Presentation: September 25, 2018
• Second Presentation:
• Requested Action: Motion
Staff Report Summary
Attached is Resolution No. 3741 and Resolution No. 3742 declaring real property owned by the
City of Moses Lake as surplus. The subject properties are no longer needed for municipal
purposes as initially intended when the property was purchased and deeded to the City. The
properties can be disposed of and sold in a commercially reasonable manner.
Background
In 2017, the City Council and staff had various discussions about some of the real property assets
owned by the City of Moses Lake. There was some direction given to staff to assess some of the
liabilities associated with these properties and could they be considered surplus.
Fiscal and Policy Implications
The sale of the subject property will save the General Fund revenues that have been used to
maintain the property free of weeds and debris.
Page 2 of 2
Options
Option Results
• Consider and approve declaring
Resolution 3741 and Resolution 3742
surplus property.
Authorize sale of subject property in a
commercially reasonable manner.
• Consider Resolution 3741 and
Resolution 3742 and not declare the
subject property surplus.
The real property continues to be owned and
maintained by the City of Moses Lake.
Staff Recommendation
The City Council should consider and approve Resolution No. 3741 and Resolution No. 3742,
declaring the subject real properties surplus. The Resolutions will need to adopted as separate
motions.
Attachments
A. Resolutions 3741 and 3742
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Resolutions Surplus Property August 28, 2018
RESOLUTION NO. 3741 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 property deeded to the city for municipal purposes, filed with the Grant County Auditor under #737995 located in Section 21, Township 19 North, Range 28 East, W.M.
2. The property is legally described as follows: All that portion of a parcel described in a Quit Claim Deed, recorded in Auditor’s File Number 737995, records of Grant County, Washington, lying within the Southeast quarter of Section 21, Township 19 North, Range 28 East, W.M.
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 described above can be disposed of and sold in a commercially reasonable manner. Adopted by the City Council on September 25, 2018.
_______________________________ Karen Liebrecht, Mayor
ATTEST:
__________________________________________ Debbie Burke, City Clerk
RESOLUTION NO. 3742 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 property deeded to the city for municipal purposes, filed with the Grant County Auditor under (to be inserted at meeting) located in Section 21, Township 19 North, Range 28 East, W.M.
2. The property is legally described as follows: E1/2W1/2 OF GOV LOT 4 LS R/W 21 19
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 described above can be disposed of and sold in a commercially reasonable
manner. Adopted by the City Council on September 25, 2018.
_______________________________ Karen Liebrecht, Mayor
ATTEST:
__________________________________________ Debbie Burke, City Clerk