Final 2024 0827 Council Agenda PacketMoses Lake City Council
Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member
Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member
Tuesday, August 27, 2024
Moses Lake Civic Center – 401 S. Balsam or remote access*
Study Session
Grant County Trends – Dr. Patrick Jones, Eastern WA University at 6 p.m.
Regular Meeting Agenda
Call to Order – 6:30 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Presentations
-New Building Official Introduction – Todd Cunningham
-Childhood Cancer Proclamation
-Street Vacation Process
Citizen’s Communications **
Summary Reports:
Mayor’s Report
Future Business – MLMC 2.08.050 states to place an item on an agenda by: consensus of
Council, Council Committee or any combination of three Council, the City Manager, or the
Mayor.
City Manager’s Report
COML Council Packet 8-27-24, Page 1 of 38
August 27, 2024, City Council Meeting Page 2
#1
Motion
Public Hearing
LKQ Development Agreement Ordinance 3049 pg 3
Presented by Katherine Kenison, City Attorney
Summary: Council to conduct hearing, review, and consider adoption
#2 Consent Agenda pg 17 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.
a.Meeting Minutes dated August 13
b.Claims and Payroll
c.GIS Ground Radar Purchase
Old Business – none scheduled
New Business
#3 Motion Valley Road Landscaping GC2023-108 pg 33
Presented by Levi Bisnett, Project Surveyor
Summary: Council to review and consider approval
Administrative Reports
Council Committee Reports
Information Items - None
Adjournment
Next Regular Council Meeting will be September 10 at 6 p.m. for Tax Increment Area Update
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
* Remote Options:
#1 MS Teams App or Online Join the meeting now Meeting ID: 232 118 506 814 Passcode: mZLZYC
Or #2 MS Teams by phone (audio only) +1 509-707-9401,,211755669# United States, Spokane
Or #3 Youtube Live https://www.youtube.com/@MosesLakeCityCouncil/streams
** In person Citizen Comment or Public Hearing Comments form needs to be given to the Clerk prior to the
start of each meeting. The 5-minute time per speaker may be reduced to allow a maximum period of 30-
minutes for citizens who have signed up to speak. Click this link for remote speaker request forms which
must be completed by 3 p.m. on the day of the meeting. To be heard remotely during the live meeting –
select the Teams option 1 above.
COML Council Packet 8-27-24, Page 2 of 38
Council Staff Report
Council Staff Report Submittal Review Results and Comments
To:*From*
Department*For Agenda of:*
Proceeding Type *
Subject *
Expenditure Required:*Amount Budgeted:*Appropriation Required:*
Mike Jackson, Interim Cit Katherine Kenison
Administration 8/27/2024
Public Hearing
LKQ Foster Auto Parts, Inc., Development Agreement
To be reviewed by: *
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
$0.00 $0.00 $0.00
COML Council Packet 8-27-24, Page 3 of 38
Action Requested*
Staff recommends City Council motion to...
LKQ Foster Auto Parts, Inc., Project consists of roughly 159.71 acres, more or less. Specifically, Permit #
PLN2024-0060 (Short Subdivision) describes the Project as development of a vehicle recycling and parts
warehousing facility consisting of a 182,000 sq. ft. facility and 140-acre+ stone yard, on two tax parcels
#110069513 and #110069511, within the City of Moses Lake.
The Project will be served by City sanitary sewer, storm water, City water, and City streets. Streets and
utilities will be extended and constructed in conformance with Moses Lake Street and Utility
Construction design standards consistent with the provisions of this Development Agreement.
Staff recommends that City Council hold a public hearing to review and consider the Development
Agreement, Motion to Approve, Motion to Deny, or Motion to revise, with directions, the Development
Agreement; and if approved, authorize the Interim City Manager to sign the Development Agreement.
Packet Attachments - Ordinance 3049, Development Agreement, and Exhibits
Overview
A development agreement is a voluntary contract between the City of Moses Lake and a person who
owns or controls property within the jurisdiction, detailing the obligations of both parties and specifying
the standards and conditions that will govern development of the property. Although the agreements are
voluntary, once made they are binding on the parties and their successors. A development agreement
provides assurances to the developer that the development regulations that apply to the project will not
change during the term of the agreement. The City Council may require conditions to mitigate project
impacts, as well as clarification about project phasing and timing of public improvements. RCW
36.70B.170 describes the type of development standards that are appropriate in a development
agreement.
The Local Project Review Act (Ch. 36.70B RCW), enacted in 1995, provides specific authority and
direction for development agreements. In particular, see RCW 36.70B.170 - .210 and WAC 365-196-845.
The City of Moses Lake must hold a public hearing prior to approving a development agreement and
may only impose impact fees, dedications, mitigation measures, and standards as authorized by other
laws. RCW 36.70B.180 addresses vested rights under a development agreement.
Developer agrees to make the following on-site improvements:
COML Council Packet 8-27-24, Page 4 of 38
Fiscal and Policy Implications
Developer agrees to make the following off-site improvements:
1. Convey 60’ feet of right-of-way at the northern extent of the Parcel #110069511 for the purpose
of future east-west road extending between Stratford Road and Randolph Road NE.
2. Comply with Fire Code requirements by causing to be constructed a: (1) minimum 72,000
gallon water storage tank/reservoir; (2) ship’s ladder/stair along east elevation; (3) ladder to
office roof on north elevation; (4) ladder from office roof to warehouse roof on west elevation;
and (5) hose stations, both interior and roof exterior, to accommodate 150’ hose distance.
1. Extend the water main at Randolph Road east along Tyndall Road for the length of the property identified
as parcel # 110069513.
2. Improve the storm water system along the full extent of the subject property boundaries, to include a re-
profiling of the ditches, in conformance with Grant County Road standards.
3. Subject to written approval from Grant County Public Works and any other authority having jurisdiction, to
construct an eight (8) foot wide trail paralleling Tyndall Road on either side of the ditch, built in a form consisting of either asphalt or concrete.
4. Prior to the expiration of this Agreement all improvements required as a condition of any approval are to
be fully constructed and or bonded or are to be vested under the most-current development regulations. Prior to
the Project being deemed complete, all improvements required as any condition of approval shall be fully
constructed, and the release of any bond(s) shall be executed. 5. Pay any traffic mitigation fees, as identified in the Traffic Impact Analysis, to the authority having
jurisdiction over the recommended improvement(s).
This Development Agreement is being brought before the City Council for hearing and consideration. Typically,
the Developer has executed the Development Agreement prior to submission to the City Council and public
hearing; here, however, Developer has asked for additional time (through October 31, 2024), following
contingent approval by the Council in order to complete its real estate purchase and financing. Once complete, Developer will execute the Development Agreement and forward to the City for execution by the Interim City
Manager. Should Developer fail to execute the Development Agreement by October 31st, the Ordinance
approving the Development Agreement will be null and void.
COML Council Packet 8-27-24, Page 5 of 38
2000 characters left
Approve, Authorize, or Adopt:
No Action Taken:
Submitted by:Submitter Email Submitted Date
Enter Review Decision/Comments
Comments
Options and Results
City Council moves to adopt Ordinance 3049 to approve the LKQ Foster Auto Parts, Inc., Development
Agreement and to authorize the Interim City Manager to execute the Development Agreement contingent
on LKQ Foster Auto Parts, Inc.'s execution of the Development Agreement before October 31, 2024.
Provide Amended Direction:
Staff will bring back options for recommended changes.
The LKQ Foster Auto Parts, Inc., final plat will not be issued.
Katherine Kenis kkenison@cityofml.com 8/12/20
Previous
COML Council Packet 8-27-24, Page 6 of 38
ORDINANCE NO. 3049
AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, APPROVING THE LKQ FOSTER AUTO PARTS, INC. DEVELOPMENT AGREEMENT
Recitals:
1. The City is a non-charter optional code city incorporated under the laws of the State of Washington, with authority to enact laws and enter into development agreements to promote the health, safety, and welfare of its citizens.
2. The City has the authority to enter into Development Agreements pursuant to RCW 36.70B.170 which provides:
a. The Legislature finds that the lack of certainty of the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of
resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage public
participation and comprehensive planning, and reduce the economic cost of development.
3. Pursuant to RCW 36.70B.200, the City Council conducted a public hearing on August 27, 2024, for the proposed Development Agreement at its regularly scheduled meeting.
4. The City and the Applicant have reached agreement regarding the terms and conditions of a Development Agreement related to the development of the Project, which Development Agreement, together with its Exhibit A, is attached hereto and incorporated herein.
NOW THEREFORE. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Public Interest. The City Council for the City of Moses Lake, Washington finds, following a public hearing process, that it is in the public interest for the City or Moses
Lake to approve the Development Agreement with LKQ Foster Auto Parts, Inc.
Section 2. Development Agreement Approved. The City Council for the City of Moses Lake hereby approves the LKQ Foster Auto Parts, Inc. Development Agreement (“Agreement") attached herein as Exhibit A and authorizes the Interim City Manager to execute the Agreement
COML Council Packet 8-27-24, Page 7 of 38
substantially in the form attached on or before October 31, 2024, and to lake such other actions as may be necessary to effect this Agreement.
Section 3. Compliance with other law. Nothing in the Ordinance shall be construed as excusing the Applicant from compliance with all federal, state, or local statutes, ordinances, or
regulations applicable to this development other than expressly set forth herein.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener’s / clerical errors, references, ordinance number, section/subsection numbers and any
thereto.
Section 5. 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 6. 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
August 27, 2024.
_____________________________________
Dustin Swartz, Mayor
ATTEST:
____________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________
Katherine L. Kenison, City Attorney
COML Council Packet 8-27-24, Page 8 of 38
Martinez Swartz Myers Fancher Madewell Lombardi Skaug Vote:
Date Published:
Date Effective:
COML Council Packet 8-27-24, Page 9 of 38
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF MOSES LAKE
AND LKQ FOSTER AUTO PARTS, INC.
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into this ____ day of __________,
2024, by and between the City of Moses Lake, a Washington State municipality (“City”), and LKQ FOSTER
AUTO PARTS, INC. an Oregon corporation (“Developer”). The City and Developer may each be
individually referred to herein as a “Party” or collectively as “the Parties”.
RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of a development agreement
between a local government and a person having ownership or control of real property within its
jurisdiction (RCW 36.70B.170);
WHEREAS, local governments may also enter into a development agreement for real property outside its
boundaries as part of a proposed annexation or service agreement (RCW 36.70B.170(1));
WHEREAS, a development agreement must set forth the development standards and other provisions
that shall apply to, govern and vest the development, use, and mitigation of the development of the real
property for the duration specified in the agreement (RCW 36.70B.170(1));
WHEREAS, for the purposes of this development agreement, “development standards” includes, but is
not limited to, all of the standards listed in RCW 36.70B.170(3);
WHEREAS, a development agreement must be consistent with the applicable development regulations
adopted by a local government under chapter 36.70A RCW (RCW 36.70B.170(1));
WHEREAS, the Developer is owner of the Property (as defined in Section 4);
WHEREAS, the Developer intends to enter into a ground lease for the Property (the “Ground Lease”) to a
third party as the ground lessee who in turn intends to enter into a sublease of the Property and a lease
of the Project (as defined in Section 3) once constructed, with the Developer and/or one or more
affiliate(s) thereof, as sublessee and lessee, respectively (the “Lease,” and such ground lessee in its
capacity as lessor under the Ground Lease is referred to herein as the “Lessor”) as part of a synthetic
lease transaction to provide financing for the construction of the Project (any such synthetic lease
financing transaction, a “Synthetic Lease Financing”);
WHEREAS, in connection with the Synthetic Lease Financing, the Lessor will appoint the Developer
and/or one or more affiliate(s) thereof as the construction agent for Lessor to do all acts necessary and
required pursuant to the terms of a separate agreement between Lessor and Developer and/or such
affiliate(s) (the “Construction Agent Agreement”), to cause the Project to be constructed on the
Property;
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WHEREAS, the Developer desires to be, and/or cause any one or more of its affiliate(s) to be, appointed
as construction agent for Lessor (“Construction Agent”) to cause the construction of the Redevelopment
Project on the Property, and thereafter, acting in its (or such affiliate’s (s’)) capacity as lessee, enter into
the Lease with Lessor for the Property;
WHEREAS, the following events have occurred in the processing of the applications submitted by the
Developer, acting in its capacity as Construction Agent, for the Project located on the Property:
a) On November 6, 2015, Grant County, the Port of Moses Lake, and the City of Moses Lake
released a final Environmental Impact Statement (EIS) covering a planned action for the Grant
County International Airport Employment Center (the “Planned Action”).
b) After receipt of the proposal submitted by the Developer, acting in its capacity as Construction
Agent, to develop the Property, the City of Moses Lake Community Development Department
sent a request to applicable agencies and departments to review the proposal for consistency
with the Planned Action;
c) On May 10, 2024, the Community Development Department issued a Notice of Consistency with
the Grant County International Airport Employment Center Project – Environmental Impact
Statement - Planned Action (the “Notice of Consistency”), which is attached hereto as Exhibit A
and incorporated herein.
d) After a public hearing conducted on August 27, 2024 and adoption of Ordinance No. 3049, the
City Council authorized the City Manager to sign this Development Agreement with the
Developer, in its acting capacity as Construction Agent; and
WHEREAS, the City has determined that there are certain impacts as a result of this proposed
development, including those associated with City water capacity, utility extensions, and traffic impacts
particularly on Stratford Road, Randolph Road, Tyndall Road, and SR Highway 17;
WHEREAS, the Developer, acting in its capacity as Construction Agent, has agreed to take certain actions
as a condition of the Project to mitigate the impacts;
WHEREAS, pursuant to the authority granted by RCW 36.70B.170 through 210, the City and Developer,
acting in its capacity as Construction Agent, wish to enter into this Agreement to govern the
development, use, and mitigation of certain impacts associated with development of the Property;
WHEREAS, the Developer, acting in its capacity as Construction Agent, voluntarily agrees to enter into
this Agreement to provide for certain improvements as specified herein;
WHEREAS, the agreement of the Developer, acting in its capacity as Construction Agent, to develop the
Property as set forth in this agreement are material inducements for the City to enter into this
Agreement and the City would not enter into this Agreement but for such agreement and assurances by
the Developer; and
WHEREAS, the Developer, acting in its capacity as Construction Agent, is entering into this Agreement to
provide for mutual agreements related to the planning, development, and use of the Project on the
Property.
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GENERAL PROVISIONS
Now, in consideration of the above Recitals, the terms, covenants, and conditions contained herein, the
Parties agree as follows:
Section 1. Ownership of Property. Developer hereby covenants and warrants to the City that Developer
owns the Property free and clear from any encumbrances that prohibit this Agreement. Furthermore,
Developer covenants and warrants that the person(s) executing this Agreement below have the right,
authority, and capacity to enter into this Agreement. Developer acknowledges that the City has relied on
the foregoing representations in connection with its decision to enter into this Agreement.
Section 2. Inducements of City Services and Commitments. Based on Developer's acknowledgement
and representation to the City that Developer is the owner of the Property and that the Developer is
specifically authorized to legally enter into this Agreement, the City agrees to provide municipal services,
and abide by the commitments hereunder following the date of the Adopting Ordinance.
Section 3. The Project. The “Project” is the development and use of the Property, consisting of roughly
159.71 acres, more or less. Specifically, Permit #PLN2024-0060 describes the Project as development of
a vehicle recycling and parts warehousing facility consisting of a 182,000 sq ft facility and 140-acre+
stone yard, on two tax parcels #110069513 and #110069511, within the City of Moses Lake.
Section 4. The Subject Property. The “Property”, as described in Exhibit B, attached hereto and
incorporated herein by this reference, are the following two tax parcels:
Parcel A
A portion of land located in Section 27, Township 20 North, Range 28 East, Willamette Meridian, records
of Grant County, Washington, described as follows:
Beginning at a point 7,972.31 feet North and 1,643.38 feet East of the Southeast corner of Section 33 of
said Township and Range (Whose Washington State Grid South Zone coordinated are Y=674,047.08 and
X=2,298,909.20 and are referred to U.S.C. & G.S. Station "SPAD" whose Washington State South
Coordinates are Y=676,911.66 & X=2,288,625.74), said point of beginning being the intersection of
County Roads known as Randolph Drive and Tyndall Road; Thence South 72°41'35" East along the
centerline of said Tyndall Road, 2,146.22 feet; Thence North 00°31'49" West 960.31 feet; Thence North
72°41"35" West 1,852.40 feet to the centerline of said Randolph Drive; Thence South 17°17'10" West
following said centerline of said Randolph Drive, 914.15 feet to the point of beginning. Except therefrom
the Southerly and Westerly 30.00 feet thereof for County Roads.
Parcel B
That portion of property described under Parcel 1 of Auditor's File Number 1020682 in the East half of
Section 27, Township 20 North, Range 28 East Willamette Meridian, Grant County, Washington,
described as follows:
Beginning at a U.S.B.R. Brass Monument marking the Southeast corner of said Section, said point bears
South 00°23'30" West 2679.44 feet, from a U.S.B.R. brass Cap monument marking the East quarter
corner of said Section; Thence North 00°23'30" East, following the East boundary of said Section,
1762.72 feet, said point bears North 00°23'30" East, 30.00 feet, from a brass cap monument marking the
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centerline intersection of Stratford Road and Tyndall Road; Thence North 89°36'17" West, 40.00 feet to
an intersection with the Northerly right-of-way boundary of said Tyndall Road and the Westerly right-of-
way boundary of said Stratford Road, said point being marked by a 1/2 inch rebar with surveyor's cap,
said point also being the True Point of Beginning; Thence continuing North 89°36'17" West, following
said Northerly right-of-way boundary of said Tyndall Road, 651.79 feet to a ½ inch rebar with surveyor's
cap; Thence North 71°46'45" West, continuing to follow said right-of-way boundary, 872.94 feet to a 1/2
inch rebar with surveyor's cap, said point that bears North 00°23'01" East, 31.52 feet, from a brass cap
monument marking the centerline of said Tyndall Road; Thence North 00°23'01" East, 3322.22 feet to an
intersection with the North boundary of said section said point being marked by a ½ inch rebar with
surveyor's cap, said point bears South 89°52'05" East, 1125.01 feet from a U.S.B.R. brass Cap Monument
marking the North quarter corner of said section; Thence South 89°52'05' East, following said North
boundary 1486.52 feet to an intersection with the Westerly right-of-way boundary of Stratford Road said
point being marked by a 1/2 inch rebar with surveyor's cap, said point also being North 89°52'06" West,
40.00 feet, from a U.S.B.R. Brass Cap Monument marking the Northeast corner of said section; Thence
South 00°27'40" West, following said right-of-way boundary and parallel with the East boundary of said
section, 2678.52 feet; Thence South 00°23'30" West continuing to follow said right-of-way boundary and
parallel with the East boundary of said section, 917.75 feet to the True Point of Beginning. EXCEPT
ROADS situated in the County of Grant, State of Washington.
Section 5. Title Evidence and Survey.
A. As a condition precedent to the execution of this Agreement by the City, the Developer shall
provide title evidence, in a form and substance reasonably satisfactory to the City, showing the
Developer as the owner of fee simple title to the Property. Such title evidence shall also show
whether the Property is encumbered by a mortgage or otherwise. In the event the Property is
encumbered, the Developer shall provide a Joinder, Consent and Subordination of all
mortgagees to this Agreement prior to the execution of this Agreement by the City.
B. As a condition of this Agreement by the City, the Developer, acting in its capacity as Construction
Agent, shall provide a survey of the Property in a form suitable to the City within six (6) months
of the Effective Date. Such survey shall be consistent with the legal description of the Property
set forth in Exhibit B.
Section 6. Definitions. As used in this Agreement, the following terms, phrases, and words shall have
the meanings and be interpreted as set forth in this Section. Other terms clearly designated in this
Agreement shall have the meaning provided in connection with identification of that term.
A. “Adopting Ordinance” means the Ordinance which approves this Agreement, as required by
RCW 36.70B.200.
B. “Ordinance(s)” means a piece of legislation acted upon by the City of Moses Lake.
C. “Council” means the duly elected legislative body governing the City of Moses Lake.
D. “Effective Date” means the effective date of the City’s ordinance approving this Agreement.
E. “Existing Land Use Regulations” means all of the following in effect on the Effective Date:
Ordinances adopted by the City of Moses Lake in effect on the Effective Date, including the
adopting ordinances that govern the permitted uses of land, the density and intensity of use,
and the design, improvement, construction standards and specifications applicable to the
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development of the Property, including, but not limited to the Comprehensive Plan, the City’s
Official Zoning Map and development standards, SEPA, and all other ordinances, codes, rules and
regulations of the City establishing subdivision standards, park regulations, and building
standards, including without limitation the currently enacted Moses Lake Municipal Code
(“MLMC”) as well as the most currently adopted Community Street and Utility Standards, in
existence as of the effective Date; provided however, that all building permit applications shall
be subject to the building codes in effect when a complete building permit application is
submitted. To the extent any Existing Land Use Regulation is specifically modified by a provision
set forth in this Agreement, the provision of this Agreement shall prevail and be consistent with
the applicable Existing Land Use Regulation. Existing Land Use Regulations do not include non-
land use regulations, which include taxes and impact fees.
F. “Preliminary Plat” means as defined in Chapter 17.06 MLMC.
G. “Final Plat” means as defined in Chapter 17.06 MLMC.
Section 7. Exhibits. Exhibits to this Agreement are as follows:
A. Exhibit A - Notice of Consistency
B Exhibit B – Legal description of the Property
C. Exhibit C – Verification that Developer has full and legal authorization to enter into this
Agreement.
D. Exhibit D– Proposed development schedule
Section 8. Project is a Private Undertaking. It is agreed among the Parties that the Project is a private
development, and that the City has no interest therein except as authorized in the exercise of its
governmental functions.
Section 9. Term of Agreement. This Agreement shall commence upon the Effective Date and shall
continue in force for a period of five (5) years (the “Term”). Developer may request up to two (2) one (1)
year extensions of the Term, which may be granted at the discretion of the City Council. The Term of
Agreement applies to this Agreement and amendments to this Agreement, including subdivision, and
shall under no circumstances exceed five (5) years unless an extension is granted. Following the
expiration of the Term, as the same may be extended, or if sooner terminated, this Agreement shall have
no force and effect, subject however, to post-termination obligations of the Developer.
Section 10. Vested Rights of the Developer. Upon the Effective Date and throughout the Term of this
Agreement, unless sooner terminated in accordance with the terms hereof, in developing the Property
consistent with the Project described herein, the Developer, acting in its capacity as Construction Agent,
and the City agree that the development rights, obligations, terms and conditions of the Project specified
in this Agreement, are fully vested to the Existing Land Use Regulations; provided that, amendments to
the Existing Land Use Regulations adopted by the City through the 2024 Comprehensive Plan and Moses
Lake Municipal Code Amendment process shall apply to the Project.
769323455.2
Section 11. Development Permits. Developer, acting in its capacity as Construction Agent, agrees to
develop the Property as a facility used for vehicle recycling and parts warehousing. Developer, acting in
its capacity as Construction Agent, agrees to submit applications for the building permit and other
development permits for the development of the Property, and to develop the Property within five (5)
years of application submittal. Developer, acting in its capacity as Construction Agent, agrees to submit a
final conceptual plan showing location of building and walkways, streets, water, sanitary sewer, and
other public improvements within one year after the Effective Date.
Section 12. Permitted Uses, Performance Standards, and Development Standards. Throughout the
Term of this Agreement, the permitted uses, the density and intensity of use, the maximum height and
size of proposed buildings, provisions for reservations and dedications of land or payment of fees in lieu
of dedication for public purposes, the construction, installation, and extension of public improvements,
development guidelines and standards for development of the Project and Property shall be those set
forth in the Existing Land Use Regulations, as currently adopted at time of the Agreement.
Section 13. Improvements. The Parties acknowledge that the most efficient and economic development
of the Property depends upon numerous factors such as market orientation and demand, competition,
and similar factors, and that generally it will be most economically beneficial to have the rate of
development determined by Developer, acting in its capacity as Construction Agent. The anticipated
development schedule of the Project is set forth in Exhibit D, attached hereto and incorporated herein,
and in addition to Section 19 of this Agreement, is subject to the following schedule and conditions:
A. General.
i. Build-out of the Project shall be concurrent with timing of infrastructure
improvements set forth herein and in accordance with Exhibit D.
B. Studies.
i. The Developer, acting in its capacity as Construction Agent, shall comply with
the findings and recommendations of the April 2024 Traffic Impact Analysis
prepared by WPES, in which the mitigation costs are in the amount of
$61,970.00.
ii. The Developer, acting in its capacity as Construction Agent, agrees to abide by
the findings and mitigation measures outlined in the Habitat Analysis completed
for the Property.
C. Environmental. The Developer, acting in its capacity as Construction Agent, shall follow the
recommendation in the Notice of Consistency and, accordingly, no further environmental
mitigation shall be required for the Project.
D. Off-Site Improvements.
i. Developer, acting in its capacity as Construction Agent, agrees to extend the
water main at Randolph Road east along Tyndall Road for the length of the
property identified as parcel # 110069513.
ii. Developer, acting in its capacity as Construction Agent, agrees to improve the
stormwater system along the full extent of the subject property boundaries, to
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include a re-profiling of the ditches, in conformance with Grant County Road
standards.
iii. Intentionally omitted.
iv. Developer, acting in its capacity as Construction Agent, agrees, subject to written
approval from Grant County Public Works and any other authority having
jurisdiction, to construct an eight (8) foot wide trail paralleling Tyndall Road on
either side of the ditch, built in a form consisting of either asphalt or concrete.
v. Prior to the expiration of this Agreement all improvements required as a
condition of any approval are to be fully constructed and or bonded or are to be
vested under the most-current development regulations. Prior to the Project
being deemed complete, all improvements required as any condition of approval
shall be fully constructed, and the release of any bond(s) shall be executed.
vi. Developer, acting in its capacity as Construction Agent, shall pay any traffic
mitigation fees, as identified in the Traffic Impact Analysis, to the authority
having jurisdiction over the recommended improvement(s).
E. On-Site Improvements.
i. Developer agrees to convey 60’ feet of right-of-way at the northern extent of the
Parcel #110069511 for the purpose of future east-west road extending between
Stratford Road and Randolph Road NE.
ii. Developer, acting in its capacity as Construction Agent, agrees to comply with
Fire Code requirements by causing to be constructed a: (1) minimum 72,000
gallon water storage tank/reservoir; (2) ship’s ladder/stair along east elevation;
(3) ladder to office roof on north elevation; (4) ladder from office roof to
warehouse roof on west elevation; and (5) hose stations, both interior and roof
exterior, to accommodate 150’ hose distance.
Section 14. Minor Modifications. Minor modifications from the approved permits or the exhibits
attached hereto may be approved in accordance with the provisions of the City’s code and shall not
require an amendment to this Agreement.
Section 15. Further Discretionary Actions. Developer acknowledges that the Existing Land Use
Regulations contemplate the exercise of further discretionary powers by the City Nothing in this
Agreement shall be construed to limit the authority or the obligation of the City to hold legally required
public hearings, or to limit the discretion of the City and any of its officers or officials in complying with
or applying Existing Land Use Regulations.
Section 16. Financing of Public Facilities. Developer, acting in its capacity as Construction Agent, shall
pay the impact fees as set forth in the Notice of Consistency.
Section 17. Existing Land Use Fees and Impact Fees.
A. Developer, acting in its capacity as Construction Agent, shall pay any required impact fees as
incurred from time to time, in accordance with this Agreement.
769323455.2
B. Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement may
be increased by the City from time to time. Such increased land use fees may apply to unpaid
permits and approvals for the Property, as long as such fees apply to similar applications and
projects in the City.
C. All impact fees shall be paid as set forth in the approved permit or approval, or as addressed in
Moses Lake Municipal Code.
Section 18. Phasing and Schedule. Intentionally omitted.
Section 19. Dedication of Public Lands. Except as otherwise provided herein, the Developer shall
dedicate all public lands in accordance with the following schedule:
A. Road Right-Of-Way. Per Section 13.E.i above, the Developer agrees to dedicate the road right of
way at the northern extent of the Property without expense to the City.
Section 20. Default.
A. With exception to extensions of time by mutual consent in writing, or as otherwise provided by this
Agreement, failure or delay by either Party to perform any term or provision of this Agreement shall
constitute a default. In the event of alleged default or breach of any terms or conditions of this
Agreement, the non-defaulting Party alleging such default or breach shall give the other Party not
less than thirty (30) consecutive days after such other Party’s receipt of notice in writing, specifying
the nature of the alleged default and the manner in which said default may be cured. During the
thirty (30) day cure period, the alleged defaulting Party charged shall not be considered in default for
purposes of termination or institution of legal proceedings. A default by either party under this
Agreement shall entitle the other party to all remedies available at law or in equity, which shall
include, but not be limited to, the right to damages, injunctive relief, and specific performance. In
the event either party is required to enforce this Agreement by court proceedings or otherwise, then
the prevailing party shall be entitled to recover from the other party all costs incurred, including
reasonable attorneys' fees at all pre-trial, trial, appeal, and alternative dispute resolution levels.
B. After notice and expiration of the thirty (30) day period, if such default has not been cured or is not
being diligently cured in the manner set forth in the notice, the non-defaulting Party may, at its
option, institute legal proceedings against the defaulting Party. In addition, the City may decide to
file an action to enforce the City’s Ordinances, and to obtain penalties and costs as provided in the
MLMC for violations of this Agreement and the Existing Land Use Regulations, in force and effective
on the Effective Date.
Section 21. Termination. This Agreement shall terminate upon the expiration of the Term identified in
Section 9 or when the Property has been fully developed, which ever first occurs, and all of the
Developer’s obligations in connection therewith are satisfied as reasonably determined by the City. Upon
termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to
the City Attorney that the Agreement has been terminated. This Agreement shall automatically
terminate and be of no further force and effect as to any single-family residence, any other residential
dwelling unit or any nonresidential building and the lot or parcel upon which such residence or building
is located, when it has been approved by the City for occupancy. Nothing in this Agreement shall extend
the expiration date of any permit or approval issued by the City for any development.
769323455.2
Section 22. Effect upon Termination on Developer Obligations. Termination of this Agreement as to the
Developer, acting in its capacity of Construction Agent, of the Property, or any portion thereof, shall not
affect any of the Developer’s obligations, acting in its capacity of Construction Agent, to comply with the
land use entitlements approved with respect to the Property, or any other conditions of the
development specified in the Agreement to continue after the termination of this Agreement or
obligations to pay assessments, liens, fees or taxes.
Section 23. Effects upon Termination on City Obligations. Upon any termination of this Agreement as to
the Developer, acting in its capacity of Construction Agent, of the Property, or any portion thereof, the
approved land use entitlements, conditions of development, or limitations on fees shall be vested. Any
land use entitlements and processes not approved prior to termination of this Agreement shall not be
vested to any regulations or provisions set forth or contemplated in this Agreement.
Section 24. Assignment and Assumption. Developer shall have the right to sell, assign, or transfer this
Agreement with all its rights, title, and interest therein to any person, firm, or corporation at the time
during the Term of this Agreement subject to the prior written approval of the City which shall not be
unreasonably withheld. Developer shall provide the City with written notice of any intent to sell, assign,
or transfer all or a portion of the Property, at least 30 days in advance of such action. Any building permit
submitted to the City for any individual residential lot shall be deemed sufficient notice for intent to
construct and sell. Notwithstanding any provision to the contrary set forth herein, (i) the City does
hereby approve the Ground Lease, the Lease, the Synthetic Lease Financing and any and all instruments
that evidence and secure such Synthetic Lease Financing, and any and all instruments ancillary to any of
the foregoing, all of which shall also be deemed permitted assignments without the requirement of first
obtaining the consent of the City, and (ii) the Developer shall be permitted to collaterally assign this
Agreement to the Lessor and/or its affiliates and/or to any other person or entity providing financing for
the construction of the Project, including, without limitation, the Synthetic Lease Financing, without the
requirement of first obtaining the consent of the City.
Section 25. Covenants Running with the Land. The terms, conditions and covenants set forth in this
Agreement shall run with the land and the benefits and burdens shall bind and inure to the benefit of
the Parties and their successors, assigns, and legal representatives. The Developer, and every purchaser,
assignee, ground lessee, or transferee of an interest in the Property, or any portion thereof shall be
obligated and bound by the terms and conditions of this Agreement and shall be the beneficiary thereof
and a party thereto, but only with respect to the Property, or such portion thereof sold, assigned, ground
leased, or transferred to it. Any such purchaser, assignee, ground lessee, or transferee shall observe and
fully perform all of the duties and obligations of the Developer contained in this Agreement, as such
duties and obligations pertain to the portion of the Property sold, assigned, ground leased, or
transferred to it.
Section 26. Amendment to Agreement; Effect of Agreement on Future Actions. This Agreement may be
amended by mutual written consent of all of the Parties, provided that any such amendment shall follow
the process established by law for the adoption of a development agreement (see, RCW 36.70B.200).
However, if acting pursuant to a serious threat to public health and safety, nothing in this Agreement
shall prevent the City Council from making any amendment to its Comprehensive Plan, Zoning Code,
Official Zoning Map, or development regulations affecting the Property during the Term of this
769323455.2
Agreement. Nothing in this Agreement shall prevent the City Council from making any amendments of
any type to the Comprehensive Plan, Zoning Code, Official Zoning Map, or development regulations
relating to the Property through the termination date set forth by Section 9, but any application of such
amendments to the Project is subject to the terms and limitations set forth in this Agreement.
Section 27. Releases. Developer may release itself from further obligations relating to the sold,
assigned, ground leased, or transferred property, provided that the buyer, assignee, ground lessee, or
transferee expressly assumes the obligations under this Agreement as provided herein.
Section 28. Indemnification. The Developer acknowledges that appeals or other actions outside the
City’s control may occur concerning the Property. The Developer, acting in its capacity of Construction
Agent, specifically agrees to hold the City harmless from any claims, injuries, suits, losses or damages
arising out of or in connection with City compliance with any orders or required comprehensive plan
changes related to such actions outside the City’s control.
Section 29. Notices. Notices, demands, or correspondence to the Parties shall be sufficiently given if
dispatched by pre-paid first-class mail to the addresses of the Parties as designated below. Notices to
subsequent owners of the Property shall be required to be given by the City only for those owners who
have given the City written notice of their address for such notice. The Parties hereto may, from time to
time, advise the other of new addresses for such notices, demands or correspondence.
A. City Notice Address: City of Moses Lake, Attn: City Manager and City Attorney, 401 S. Balsam,
Moses Lake, WA 98837
B. Developer Notice Address: c/o LKQ Corporation, 500 West Madison Street, Suite 2800, Chicago,
IL 60661, Attn: General Counsel
Section 30. Reimbursements.
A. Reimbursement of the Developer. Any reimbursement outlined by applicable sections of this
Agreement shall be paid to, or as otherwise directed by, the Developer within ninety (90)
consecutive days of completion subject to the acceptance of City Council.
B. Reimbursement for Agreement Expenses of the City. Developer, in its capacity as Construction
Agent, agrees to reimburse the City for actual expenses incurred over and above fees paid by
Developer, in its capacity as Construction Agent, as an applicant incurred by City directly relating
to this Agreement, including recording fees, publishing fees, and reasonable staff and consultant
costs not otherwise included within application fees. Upon payment of all such expenses, the
Developer may request written acknowledgement of all fees.
Section 31. Applicable Law and Attorneys’ Fees. This Agreement shall be construed and enforced in
accordance with the laws of the State of Washington. If litigation is initiated to enforce the terms of this
Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and costs from
the non-prevailing Party. Venue for any action shall lie in Grant County Superior Court or the U.S. District
Court for the Eastern District of Washington.
769323455.2
Section 32. Third Party Legal Challenge. In the event any legal action or special proceeding is
commenced by any person or entity other than a party to challenge this Agreement or any provision
herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to
Developer. In such event, Developer, acting in its capacity of Construction Agent, shall hold the City
harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or
individual claims in the lawsuit, including but not limited to, attorneys’ fees and expenses of litigation,
and damages awarded to the prevailing party or parties in such litigation. The Developer shall not settle
any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably
withhold consent to settle.
Section 33. Specific Performance. The Parties specifically agree that damages are not an adequate
remedy for breach of this Agreement, and that the Parties are entitled to compel specific performance of
all material terms of this Agreement by any Party in default hereof.
Section 34. Severability. If any portion of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is rendered invalid or
unenforceable according to the terms of any statute of the State of Washington which became effective
after the Effective Date , and either party in good faith determines that such provision or provisions are
material to its entering into this Agreement, that party may elect to terminate this Agreement as to all of
its obligations remaining unperformed.
Section 35. Integration. This Agreement and its exhibits contain all terms of the Agreement between
the Parties. No other writings, communication, or representations are part of this Agreement unless as
otherwise expressed herein.
Section 36. Developer as Construction Agent. The City acknowledges that Developer and/or one or
more affiliate(s) thereof is and/or will be acting as agent for the Lessor in respect of the design,
development and construction of the Project.
ACKNOWLEDGEMENT
IN WITNESS WHEREOF, the Parties hereto have caused this Development Agreement to be executed as of
the dates set forth below:
DEVELOPER CITY OF MOSES LAKE
LKQ FOSTER AUTO PARTS, INC.,
an Oregon corporation
By __________________________ By ___________________________
Michael Jackson, Interim City Manager
Title: _________________________
769323455.2
ATTEST:
By ___________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
By ___________________________
Katherine L. Kenison, City Attorney
COML Council Packet 8-27-24, Page 10 of 38
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COML Council Packet 8-27-24, Page 12 of 38
DEVELOPMENT AGREEMENT EXHIBIT B – LEGAL DESCRIPTION
BY AND BETWEEN THE CITY OF MOSES LAKE
AND LKQ FOSTER AUTO PARTS, INC.
Parcel A
A portion of land located in Section 27, Township 20 North, Range 28 East, Willamette Meridian, records of Grant
County, Washington, described as follows:
Beginning at a point 7,972.31 feet North and 1,643.38 feet East of the Southeast corner of Section 33 of said
Township and Range (Whose Washington State Grid South Zone coordinated are Y=674,047.08 and
X=2,298,909.20 and are referred to U.S.C. & G.S. Station "SPAD" whose Washington State South Coordinates are
Y=676,911.66 & X=2,288,625.74), said point of beginning being the intersection of County Roads known as
Randolph Drive and Tyndall Road; Thence South 72°41'35" East along the centerline of said Tyndall Road, 2,146.22
feet; Thence North 00°31'49" West 960.31 feet; Thence North 72°41"35" West 1,852.40 feet to the centerline of
said Randolph Drive; Thence South 17°17'10" West following said centerline of said Randolph Drive, 914.15 feet to
the point of beginning. Except therefrom the Southerly and Westerly 30.00 feet thereof for County Roads.
Parcel B
That portion of property described under Parcel 1 of Auditor's File Number 1020682 in the East half of Section 27,
Township 20 North, Range 28 East Willamette Meridian, Grant County, Washington, described as follows:
Beginning at a U.S.B.R. Brass Monument marking the Southeast corner of said Section, said point bears South
00°23'30" West 2679.44 feet, from a U.S.B.R. brass Cap monument marking the East quarter corner of said
Section; Thence North 00°23'30" East, following the East boundary of said Section, 1762.72 feet, said point bears
North 00°23'30" East, 30.00 feet, from a brass cap monument marking the centerline intersection of Stratford Road
and Tyndall Road; Thence North 89°36'17" West, 40.00 feet to an intersection with the Northerly right-of-way
boundary of said Tyndall Road and the Westerly right-of-way boundary of said Stratford Road, said point being
Marked by a 1/2 inch rebar with surveyor's cap, said point also being the True Point of Beginning; Thence continuing
North 89°36'17" West, following said Northerly right-of-way boundary of said Tyndall Road, 651.79 feet to a 1/2
inch rebar with surveyor's cap; Thence North 71°46'45" West, continuing to follow said right-of-way boundary,
872.94 feet to a 1/2 inch rebar with surveyor's cap, said point that bears North 00°23'01" East, 31.52 feet, from a
brass cap monument marking the centerline of said Tyndall Road; Thence North 00°23'01" East, 3322.22 feet to an
intersection with the North boundary of said section said point being marked by a ½ inch rebar with surveyor's cap,
said point bears South 89°52'05" East, 1125.01 feet from a U.S.B.R. brass Cap Monument marking the North
quarter corner of said section; Thence South 89°52'05' East, following said North boundary 1486.52 feet to an
intersection with the Westerly right-of-way boundary of Stratford Road said point being marked by a 1/2 inch rebar
with surveyor's cap, said point also being North 89°52'06" West, 40.00 feet, from a U.S.B.R. Brass Cap Monument
marking the Northeast corner of said section; Thence South 00°27'40" West, following said right-of-way boundary
and parallel with the East boundary of said section, 2678.52 feet; Thence South 00°23'30" West continuing to
follow said right-of-way boundary and parallel with the East boundary of said section, 917.75 feet to the True Point
of Beginning. EXCEPT ROADS situated in the County of Grant, State of Washington
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MOSES LAKE CITY COUNCIL August 13, 2024
OPEN HOUSE
Student ambassadors from Sister City Yonezawa Japan and their counterparts in Moses Lake
(Noa Goto and Ethan Ramsey, Shirori Ishizawa and Keziah Roman Panlaqui, Sayo Hiraga and
Emmanuel Zepeda Lopez) were introduced by Chaperone/Interpreter Treat Schubert. Students
shared their experiences of visiting each other’s country with Moses Lake Chaperone Amador
Castro. Noa Goto is, and Mayor Swartz was, 3rd and 2nd siblings participating in the exchange.
The Mayor also introduced Yui Masuko who is visiting Moses Lake with host family Meredith
and Jeff Turner this month through the Labo International Exchange Foundation.
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Swartz in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL
Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Lombardi, Skaug, Fancher, Martinez, and Myers. PLEDGE OF ALLEGIANCE
Deputy Mayor Madewell led the Flag Salute.
AGENDA APPROVAL
Council Member Lombardi requested discussion on Consent Agenda item (d) Grant County PUD Easement Resolution and Verizon Lease. Council Member Madewell requested discussion on Consent Agenda item (e) Delegation of PFAS Settlement Authority Resolution.
Action taken: Council Member Fancher moved to approve the Agenda as amended, second by Council Member Lombardi. The motion carried 7 – 0.
PRESENTATIONS
Downtown Moses Lake Association Annual Report Executive Director Mallory Miller provided a slide deck to outline her presentation on the association’s networking and training, as well as the activities and projects they coordinate in the community which are partially funded from redirected state B&O taxes of 16 local businesses.
Median Planter Strip Xeriscape Designs
Parks Director Doug Coutts provided a slide deck to outline the conceptual plans for
xeriscaping street medians and sidewalk planting strips to conserve water. Utility billing staff
provided the total annual costs for highest priority projects, and costs for a few parks that will
be transitioned to alternate resources for irrigation. Council and staff discussed per foot
savings, savings for maintenance, supply costs, adopt-a-street program, and benches.
CITIZEN’S COMMUNICATION
COML Council Packet 8-27-24, Page 17 of 38
CITY COUNCIL MINUTES – August 13, 2024
pg. 2
Japanese Garden – Linda Curran, Moses Lake, requested to have the Garden closed if the algae in the pond could not be cleaned up. Tax Increment Area (TIA) – Kevin Edwards, Spokane, is interested in providing a presentation
to Council on the economic driver that would be brought to the community if an agreement was approved for financing the Desert Point Ownership Group TIA. Council noted that bonding capacity and water resources are a priority but agreed to have the presentation September 10. Substance Abuse Resources – Moses Lake residents: Joseph Moriarty, Megan Watson, Matt
Paluch, Sheila Berschauer, and Teresa Adkinson commented on recovery resources, needle exchange program, and Grant County Health District Harm Reduction Program. Gangs, Graffiti, and Speed Bumps – Richard Navarro, Moses Lake, would like to see consequences to gang graffiti and to have speed bumps placed in school zones. Staff explained
that due to the amount of snow, it would not be cost effective for speed bumps and will have
staff follow up with him regarding the city’s graffiti abatement program. Water Rates – Gary Sweet, Moses Lake, currently rents a home and has stopped watering his lawn due to the increase in his water bill. Council replied that the intent of the higher rate is to
encourage residents to conserve water usage and to fix leaks that waste our water resources.
Miscellaneous – Elisia Dalluge, Moses Lake, commented on the city’s process for public records request, public smoking rules, and the health district’s needle exchange program.
SUMMARY REPORTS
MAYOR’S REPORT
Association of Grant County Cities and Towns Mayor Swartz asked for those who will be attending the Quincy meeting on August 29 to rsvp to one of the Clerks by Friday. The main business item will be a continued discussion
of the update to the Countywide Planning Policy.
CITY MANAGER’S REPORT
Social Services Agency Summary As requested by Council at the last meeting, Housing & Grants Manager Liz Murillo
provided a comprehensive list of local service providers. Categories included: substance
abuse, rehabilitation, behavioral health, case management services, housing, food, and healthcare. She explained that the state has a coordinated entry program to avoid duplication of services per individual person or family. She also attends a Grant and Adams County group that is working to publish a comprehensive list of service providers. Council discussion included hours of operations, individual budgets, and transportation issues.
Lakeside Disposal Contract CPI Increase Finance Director Madeline Prentice advised that the annual Jun-Jun CPI increase for the solid waste services contract will be 2.6%. Current customer rates do not need an immediate increase. Staff will propose changes for the 2025 fee schedule during the budget process when landfill tipping fee increase has been set by County Commissioners.
COML Council Packet 8-27-24, Page 18 of 38
CITY COUNCIL MINUTES – August 13, 2024
pg. 3
PUBLIC HEARING
#1 Abandon Unused Water Main Easement Resolution 3987
The previous easement for the watermain pipe is no longer in use and needs to be abandoned for the Mosquito Districts new operations center at the Port of Moses Lake/Grant County Airport. Mayor Swartz opened the hearing at 9:05 p.m., there being no comment, the hearing was closed.
Action taken: Council Member Fancher moved to adopt Resolution 3987 to abandon the unused watermain easement, second by Council Member Martinez. The motion carried 7 – 0. PULLED FROM CONSENT
d. Grant County PUD Easement Resolution 3990 and Verizon Lease
The easement grants the PUD access to install power to serve the Verizon Mobile cell site. The property lease to Verizon is a small ground area off Randolph Rd with an initial term of five years.
Action taken: Council Member Lombardi moved to adopt Resolution to authorize the easement as presented, second by Council Member Skaug. The motion carried 7 – 0.
Action taken: Council Member Lombardi moved to authorize the property lease to Verizon as presented, second by Council Member Skaug. The motion carried 7 – 0. e. Delegation of PFAS Settlement Participation Authority Resolution 3988
Staff advised that the resolution was recommended by Marten Law to eliminate potential need of special council meetings and expedite the process for additions of defendants in the class action lawsuit. Council’s preference is to have the business brought to full Council for review and approval.
CONSENT AGENDA
#2 a. Electronic Transfer: 392 - 397 - $7,814.37 Checks: 166369 - 166620 - $2,097,142.40 Payroll Checks: 07-19-2024 PR, #66327 - 66366 - $22,821.92 08-02-2024 PR, #66367 - 66403 - $26,106.11
Electronic Payments: 07-19-2024 Direct Deposit - $751,765.68 08-02-2024 Direct Deposit - $764,693.19 b. Award Operations Building Re-Roof Contract c. Datafy Contract for Lodging Tax Advisory Committee Application Analytics
Action taken: Council Member Fancher moved to approve the Consent Agenda items a, b, and c, second by Council Member Myers. The motion carried 7 – 0. OLD BUSINESS
#3 Photo Enforcement Contract Extension
The contract was last extended to December 2023. Staff are requesting to renew the
COML Council Packet 8-27-24, Page 19 of 38
CITY COUNCIL MINUTES – August 13, 2024
pg. 4
contract starting in July that will next expire on June 27, 2025. As requested, staff provided the revenue and accident history in the meeting packet. Council discussed priority of school zone cameras, traffic revisions, supplanting funds to the School
Resource Officer program, cost of officers, speed zone trailer, and the ethical implications for residents that receive and pay these fines.
Action taken: Council Member Martinez moved to authorize the contract extension as presented in order to gather data for consideration of future use of the camera citations, second by Deputy Mayor Madewell. The motion carried 5 – 2, Mayor Swartz and Council Member Myers were
opposed.
NEW BUSINESS
#4 Repayment of ML Municipal Airport CARB Loan The payments for the $175k loan from the Community Aviation Revitalization Board
(CARB) in 2020 were expended to purchase a fuel system for $152,302.64. Interest of
loan is 2% which has accrued around $6k to date and staff projects a $40k savings in interest by paying off the loan now vs the 20-year loan period.
Action taken: Council Member Martinez moved to authorize pay off of the CARB loan debt in full, second by Deputy Mayor Madewell. The motion carried 6 – 1, Council Member Skaug was
opposed. #5 City Manager and Fire Chief Vacancy Search Firm Staff recommends Council authorize contracting with GMP Consultants from the six firms they reviewed from recent City of Des Moines executive search Request For
Proposals.
Action taken: Council Member Fancher moved to authorize execution of the letters of engagement as presented, second by Council Member Lombardi. The motion carried 7 – 0. #6 Call Covenant for Luta & Virginia St Resolution 3989
As part of the City's gravel road paving efforts, Luta and Virginia Streets are slated to have construction begin September 2024. The improvements will build the street to City standards and will include the addition of utility stubs to properties that are not currently connected to City services. Staff sent cost estimate to property owners, stated that payment plan requests would be approved at a future meeting, shared other options for
financing, and undeveloped lots would be reimbursed once developed. One resident was present to speak about the steep increase from covenant estimate on original deed.
Action taken: Council Member Fancher moved to adopt Resolution 3989 to call the covenant for Luta & Virginia Streets as presented, second by Council Member Martinez. The motion carried 7
– 0.
Action taken: Council Member Fancher moved to extend the meeting at 10 p.m. indefinitely, second by Council Member Lombardi. The motion carried 7 – 0. #7 HopeSource Shelter Management Contract
Staff recommends that City Council authorize the City Manager to sign a new contract
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CITY COUNCIL MINUTES – August 13, 2024
pg. 5
between HopeSource and the City of Moses Lake to operate the Open Doors Sleep Center (ODSC) through September 2025 with Emergency Housing Funds awarded by Grant County. The new contract is updated with language requested for reporting
requirements.
Action taken: Council Member Martinez moved to authorize execution of the HopeSource contract as presented, second by Council Member Myers. The motion carried 6 – 1, Council Member Lombardi opposed.
COUNCIL COMMUNICATIONS AND REPORTS
Council Member Lombardi advised that the Municipal Airport continues to work on the lease terms and conditions. The Port of Moses Lake had a study session with a rocket propulsion business and suggested Big Bend Community College continue to facilitate higher education for technology.
Mayor Swartz attended the opening ceremony of the Grant County Fair earlier today with several Council Members. He has also been attending activities this week with the Sister City student delegates.
EXECUTIVE SESSION
Mayor Swartz called an Executive Session from 10: 15 p.m. to 10:35 p.m. to discuss potential litigation pursuant to RCW 42.30.110(1) subsection (i) and there will be no business to follow. ADJOURNMENT
The regular meeting was adjourned at 10:35 p.m.
______________________________________ Dustin Swartz, Mayor
ATTEST____________________________ Debbie Burke, City Clerk
COML Council Packet 8-27-24, Page 21 of 38
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Mike Jackson, Interim City Manager 19078
Madeline Prentice, Director Finance
8/27/2024 Consent Agenda
Disbursement Report since August
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
2,475,942.69$2,475,942.69$0.00$
Approve payment of claims as presented.
The following amounts were budgeted, and sufficient funds were available to cover these payments.
Electronic Transfer: N/A
Checks: 166621 - 166855 - $1,666,123.92
Payroll Checks: 08-16-2024 PR, #66404 - 66433 - $16,570.20
Electronic Payments: 08-16-2024 Direct Deposit - $793,248.57
Vouchers - 08.27.2024.pdf 134.17KB
COML Council Packet 8-27-24, Page 22 of 38
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW
42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at
least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the
above format for approval by the City Council.
RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering
services or performing labor must be certified by the appropriate official to ensure that the materials have
been furnished, the services rendered, or the labor performed as described, and that the claims are just, due
and unpaid obligations against the City.
RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been
met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body
has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the
legislative body had adopted policies that implement effective internal control; (3) the legislative body has
provided for review of the documentation supporting the claims within a month of issuance; and (4) that if
claims are disapproved, they shall be recognized as receivables and diligently pursued.
The City meets all these conditions.
To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council
approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments
during the period prior to the date of the Council meeting.
All payments made during this period were found to be valid claims against the City. Details are attached and
any questions should be directed to the City Manager or Finance Director.
The City's internal controls include certification of the validity of all payments by the appropriate department prior
to submission for payment. The Finance Director has delegated authority for the examination of vouchers and
authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and
validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in
place.
Options and Results
Approve
N/A
Staff would recognize claims as receivables and pursue collections.
COML Council Packet 8-27-24, Page 23 of 38
TOTALS BY FUND:
FUND NO FUND NAME
Est. Fund Bal.
8/14/24 AMOUNT
Est. Fund Bal.
8/27/24
001 GENERAL FUND 12,329,295 158,950.99 12,170,344
102 TOURISM 1,719,643 - 1,719,643
103 GRANTS AND DONATIONS 1,054,348 1,639.93 1,052,708
105 ARPA 3,043,150 - 3,043,150
110 HOMELESS SERVICES 482,762 9,039.08 473,723
111 OPIOID ABATEMENT 301,396 - 301,396
112 PUBLIC ARTS FUND 49,824 49,824
114 PATHS/TRAILS 94,071 - 94,071
116 STREET 918,687 35,105.66 883,581
119 STREET REPR/RECON 3,851,591 504,896.00 3,346,695
170 TRANSPORTATION BENEFIT DISTRICT 1,641,663 - 1,641,663
282 LOCAL BORROWING 984,872 - 984,872
286 REFUNDING GO BONDS 2015 184,980 - 184,980
314 PARK & RECREATION IMPROVEMENTS 617,252 - 617,252
315 PARK MITIGATION CAPITAL PROJECTS 16,530 - 16,530
316 COMMUNITY SERVICES CENTER - - -
320 FIRE MITIGATION FUND 812,550 - 812,550
322 WATER REMIDIATION 1,467,831 5,877.75 1,461,953
410 WATER/WASTEWATER 8,739,315 139,200.97 8,600,114
450 2011 BOND FUND 10,304 - 10,304
451 2011 BOND FUND - RESERVE - - -
452 2004 BOND FUND 1,205,042 - 1,205,042
453 2004 BOND FUND - RESERVE 40,600 - 40,600
471 WATER RIGHTS 1,591,683 - 1,591,683
477 WATER SEWER CONSTRUCTION 4,693,302 365,683.98 4,327,618
485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196
487 2015 GO BONDS REDEMPTION 9,534 - 9,534
490 SANITATION 2,571,905 387,960.19 2,183,945
493 STORM WATER 837,201 22,019.01 815,182
495 AIRPORT 73,317 125.55 73,192
498 AMBULANCE 844,654 7,160.75 837,493
501 UNEMPLOYMENT COMPENSATION INSURANCE 160,530 - 160,530
503 SELF-INSURANCE 320,274 - 320,274
517 CENTRAL SERVICES 871,523 5,067.12 866,456
519 EQUIPMENT RENTAL 2,413,696 28,263.53 2,385,433
528 BUILDING MAINTENANCE 2,282,084 20,286.89 2,261,797
611 FIRE PENSION 490,568 - 490,568
623 DEPOSIT 959,242 (25,153.48) 984,396
631 STATE 59,537 - 59,537
TOTAL $ 57,764,953 1,666,123.92$ $ 56,098,829
City of Moses Lake
Tabulation of Claims Paid-Summary by Fund
Council Meeting Date- 08/27/2024
COML Council Packet 8-27-24, Page 24 of 38
Check Name Check Amount Check Date Invoice Description
166621 Sebastian Moraga 25.00 08/07/2024 Translation Services
166622 A & H Printers Inc 324.42 08/09/2024 Search Warrant Forms
166623 Abc Hydraulics 103.67 08/09/2024 Assemble Hydraulic Line
166624 Affordable Auto Repair Inc 176.86 08/09/2024 Alignment
166625 Alan Key 200.00 08/09/2024 Preemployment Polygraph
166626 Amazon Capital Services, Inc.3,915.96 08/09/2024 Returned Item
166627 Anatek Labs, Inc.815.00 08/09/2024 Sample Testing
166628 Anatek Labs, Inc. -Yakima 90.00 08/09/2024 Sample Testing
166629 Aspect Consulting 5,877.75 08/09/2024 Water Supply Permit GC2023-173
166630 AT&T Mobility II, LLC 137.70 08/09/2024 First Responder Lines
166631 Badger Meters Inc 3,688.24 08/09/2024 Meter Parts
166632 Basin Propane LLC 83.08 08/09/2024 Propane
166633 Battery Systems Inc 375.19 08/09/2024 C-31-10AP Batteries
166634 Benjamin Schober 38.50 08/09/2024 Museum Consignment Sales
166635 Bethany Rose Iverson 39.90 08/09/2024 Museum Consignment Sales
166636 Central Machinery Sales Inc 3,038.00 08/09/2024 Dozer Rental
166637 Christian Olson 33.60 08/09/2024 Museum Consignment Sales
166638 Columbia Basin Herald 396.78 08/09/2024 Advertising
166639 Columbia Bearing Bdi 40.45 08/09/2024 Loctite 242 Blue
166640 Commercial Tire Inc 173.12 08/09/2024 HERC 96820 Tires
166641 Copiers Northwest Inc 142.84 08/09/2024 Equipment Contract Fees
166642 Databar Inc 2,118.87 08/09/2024 Utility Billing Invoices
166643 Deborah Goodrich Chittenden 53.20 08/09/2024 Museum Consignment Sales
166644 Dee Dee Dressen 31.50 08/09/2024 Museum Consignment Sales
166645 Deon C. Matzen 121.77 08/09/2024 Museum Consignment Sales
166646 Dobbs Peterbilt- Moses Lake 490.75 08/09/2024 Window Operator
166647 Employment Security Department 9.50 08/09/2024 Work history search
166648 EMS Connect, LLC 331.50 08/09/2024 EMS Subscriptions
166649 Frances Wood 193.20 08/09/2024 Museum Consignment Sales
166650 Galls LLC 1,718.09 08/09/2024 Uniform
166651 General Fire Apparatus Inc 5,270.28 08/09/2024 5" X 100' Hose
166652 Grainger Parts Operations 1,148.94 08/09/2024 Sensor
166653 Hach Company 221.56 08/09/2024 Pump Tubing
166654 Honeywell Analytics Inc 1,155.00 08/09/2024 Equipment Calibration
166655 Huntwork Enterprise LLC 695.93 08/09/2024 Pool Supplies
166656 Ibs Inc 233.81 08/09/2024 Bimetal
166657 Isaac Valdez 981.93 08/09/2024 Softballs, Registrations
166658 Jerrys Auto Supply 1,979.64 08/09/2024 Toolbox/ Equipment Supplies
166659 Jims Lock Service LLC 188.79 08/09/2024 Key Blank/Deadbolt
166660 K & N Electric 7,612.11 08/09/2024 Diagnose & Repair
166661 Keller Associates 460.00 08/09/2024 Wastewater Plan-GC2021-055
166662 Kelley Create 1,384.21 08/09/2024 Will M. Desk/ Equipment Contract Fees
166663 Kottkamp & Yedinak, P.L.L.C.1,120.00 08/09/2024 Planning Pro Services
166664 Kris Chudomelka 35.35 08/09/2024 Museum Consignment Sales
166665 L N Curtis & Sons 1,132.48 08/09/2024 G1 Facepieces
City of Moses Lake
Checks Issued with Summary Description
For August 27th, 2024 Council Meeting
COML Council Packet 8-27-24, Page 25 of 38
Check Name Check Amount Check Date Invoice Description
166666 Lad Irrigation Company Inc 69.68 08/09/2024 Irrigation Supplies
166667 Lakeside Disposal, Inc 25.67 08/09/2024 Recycling @ Fire
166668 Laurie Riskin 77.00 08/09/2024 Museum Consignment Sales
166669 Lee Ann St Clair 28.70 08/09/2024 Museum Consignment Sales
166670 Life -Assist, Inc.1,707.99 08/09/2024 Medical Supplies
166671 Martin Schempp 118.55 08/09/2024 Museum Consignment Sales
166672 McKesson Medical-Surgical 1,620.89 08/09/2024 Small Equipment
166673 Michael A. Brady 54.50 08/09/2024 Museum Consignment Sales
166674 Moon Security Services Inc 267.85 08/09/2024 Evidence Monitoring
166675 Moses Lake Men's Softball 1,209.00 08/09/2024 Coed Umpire Fees
166676 Moses Lake Steel Supply 22.05 08/09/2024 Misc. Parts
166677 Motion Industries, Inc 39.38 08/09/2024 Misc. Parts
166678 Multi Agency Comm Center E911 52,871.53 08/09/2024 Law Calls August24
166679 Municipal Emergency Svc Inc 898.81 08/09/2024 Service/Repair Rescue Tool
166680 New Technology Services LLC 1,557.71 08/09/2024 Concert Supplies
166681 North 40 Outfitters 146.45 08/09/2024 Pants
166682 North Central Laboratories 1,957.59 08/09/2024 Lab Supplies
166683 Northstar Chemical Inc 4,960.00 08/09/2024 Sodium Hypochlorite
166684 Oreilly Auto Parts 275.11 08/09/2024 Ceramic Pad/Rotors
166685 Parker Corporate Services, Inc 21,212.02 08/09/2024 July 2024 Security
166686 Pasco Tire Factory, INC 2,027.04 08/09/2024 255/60R18 Tires
166687 Platt Electric 163.28 08/09/2024 Leverage Plier
166688 Pow Contracting 206,513.48 08/09/2024 Well 17 Clay Remediation GC2023-166.
166689 Pro Rentals And Sales 1,953.24 08/09/2024 Dano Park Court Equipment Rental
166690 Protect Youth Sports 32.85 08/09/2024 Background Checks
166691 Pud Of Grant County 999.73 08/09/2024 Electric Services
166692 Quill Corporation 304.14 08/09/2024 HR Supplies
166693 RCW International, LTD 2,242.22 08/09/2024 Towing
166694 RH2 Engineering Inc.69,864.71 08/09/2024 Water System Plan Update-GC2021-054
166695 Robert E. Stoffregen, MA PS 1,600.00 08/09/2024 OIS Follow Ups
166696 Sara Hofer 50.40 08/09/2024 Museum Consignment Sales
166697 Sea Western Inc 21.26 08/09/2024 Uniform, Norvell
166698 Sherwin-Williams 427.07 08/09/2024 Paint Supplies
166699 Shirtbuilders Inc 1,943.41 08/09/2024 Staff Apparel
166700 Silvie Valdez 637.00 08/09/2024 Jiu Jitsu
166701 The Links At Moses Pointe 960.00 08/09/2024 Junior Golf Camp '24
166702 Titan Machinery, Inc.19.40 08/09/2024 Pressure Switch
166703 Traffic Safety Supply Company 100.81 08/09/2024 Sandbags
166704 True North Env Equipment 81.54 08/09/2024 Bolts
166705 Weinstein Beverage Company 45.30 08/09/2024 Water
166706 Western Integrated Technologies, Inc 23.95 08/09/2024 Ballfield Hose Repair
166707 William Scotsman, Inc 956.98 08/09/2024 Toilet/Ramp @ Sleep Center Aug 24
166708 Adrock Realty LLC 105.62 08/09/2024 Refund Utility Overpayment
166709 ANDY TONKIN 2.62 08/09/2024 Refund Utility Overpayment
166710 Beverly Shuford 358.91 08/09/2024 Refund Utility Overpayment
166711 Brenda Brittain 11.38 08/09/2024 Refund Utility Overpayment
166712 CAD HOMES LLC 51.25 08/09/2024 Refund Utility Overpayment
166713 CAD HOMES LLC 101.67 08/09/2024 Refund Utility Overpayment
166714 CAD HOMES LLC 304.05 08/09/2024 Refund Utility Overpayment
COML Council Packet 8-27-24, Page 26 of 38
Check Name Check Amount Check Date Invoice Description
166715 Christine Villarreal or Phillip Ontiveros 78.21 08/09/2024 Refund Utility Overpayment
166716 Christopher Forrest 289.32 08/09/2024 Refund Utility Overpayment
166717 Darlene or Richard Przybylski 313.35 08/09/2024 Refund Utility Overpayment
166718 Gabriel or Kisha Chavez 348.15 08/09/2024 Refund Utility Overpayment
166719 Jacob or Lorena Sprague 74.96 08/09/2024 Refund Utility Overpayment
166720 Jason Fitterer 353.93 08/09/2024 Refund Utility Overpayment
166721 Larry or Patricia Butterfield 279.14 08/09/2024 Refund Utility Overpayment
166722 MARIO PADILLA 202.25 08/09/2024 Refund Utility Overpayment
166723 RBE Enterprises Corp.172.52 08/09/2024 Refund Utility Overpayment
166724 Russell or Priscilla Seiler 101.66 08/09/2024 Refund Utility Overpayment
166725 SHANE PALMER 86.13 08/09/2024 Refund Utility Overpayment
166726 Central Logistics, LLC 85.00 08/09/2024 City Endorsement Reimbursement
166727 Charles Richens 85.00 08/09/2024 City Endorsement Refund
166728 Chris Hansen 250.00 08/09/2024 2024 Union Boot Reimbursement
166729 Crosswinds Aviation 100.00 08/09/2024 Refund Overpayment
166730 Derek Perez 250.00 08/09/2024 2024 Union Boot Reimbursement
166731 Ismael Arellano Cuenca 5.25 08/09/2024 Swim Lesson Canceled
166732 Michael D. Jackson 602.60 08/09/2024 Mileage Reimbursement
166733 Moses Lake Police Athletic Asso.2,365.52 08/09/2024 Wrong CC Used for Purchase
166734 NWS Evergreen Logistics 85.00 08/09/2024 City Endorsement Reimbursement
166735 Seth Ellis 194.07 08/09/2024 Gas for State Mob Trips
166736 State of WA Dep. of Natural Resource 2,742.84 08/09/2024 Overpayment Reimbursement
166737 Washington State Treasurer 45.73 08/09/2024 State Remittance 7.31.24
166738 Edgar Salazar 627.00 08/14/2024 Undercover Basic/Advanced 2024
166739 Jim Flippen 161.00 08/14/2024 EVT Training & Testing
166740 Mitchell Hohman 627.00 08/14/2024 Undercover Basic/Advanced
166741 Wendy Parks 185.00 08/14/2024 MRSC Bootcamp pt 2
166742 Doug Coutts 385.92 08/14/2024 Mileage Reimbursement
166743 Tom Los 142.04 08/14/2024 Mileage Reimbursement
166744 DYLAN SIGNORELLI 166.46 08/14/2024 Refund Utility Overpayment
166745 GOOD BUILT/JUSTIN GOOD 85.25 08/14/2024 Refund Utility Overpayment
166746 Kelly Jones 56.48 08/14/2024 Refund Utility Overpayment
166747 Larry or Patricia Butterfield 195.95 08/14/2024 Refund Utility Overpayment
166748 Larry or Patricia Butterfield 233.53 08/14/2024 Refund Utility Overpayment
166749 Nicholas or Mischelle Olson 134.74 08/14/2024 Refund Utility Overpayment
166750 Richard or Linda Tardif 112.66 08/14/2024 Refund Utility Overpayment
166751 SHANNON & ROBERT PAINE 143.26 08/14/2024 Refund Utility Overpayment
166752 Tillotson Family Trust 292.81 08/14/2024 Refund Utility Overpayment
166753 2M Company Inc 548.74 08/15/2024 Misc. Parts *Prompt Pay Discount*
166754 4Imprint, Inc.2,509.75 08/15/2024 Fair Swag
166755 A & H Printers Inc 81.38 08/15/2024 Business Cards - B. Mitchell
166756 A M Hardware Company Inc 79.21 08/15/2024 Master Keys
166757 Ag Supply Ace Hardware 19.49 08/15/2024 Silicone
166758 Amazon Capital Services, Inc.3,331.90 08/15/2024 Various Department Supplies
166759 Anatek Labs, Inc.230.00 08/15/2024 Sample Testing
166760 AT&T Mobility II, LLC 3,034.57 08/15/2024 First Responder Lines
166761 Autometrics, LLC 9,221.71 08/15/2024 Diagnose & Repair Eq # 211
166762 Badger Meters Inc 2,900.77 08/15/2024 Meter Read Services/Meter Parts
166763 Basin Propane LLC 385.29 08/15/2024 Fuel Bottles
COML Council Packet 8-27-24, Page 27 of 38
Check Name Check Amount Check Date Invoice Description
166764 Bud Clary Ford LLC 489.52 08/15/2024 Shocks
166765 Central Machinery Sales Inc 117.77 08/15/2024 Flail Mower Blades
166766 Central Manufacturing Inc 212.84 08/15/2024 Asphalt Patches
166767 Centurylink 1,399.30 08/15/2024 Telephone Services
166768 Centurylink 55.45 08/15/2024 Telephone Services
166769 Civicplus Inc 54.10 08/15/2024 SSL Management
166770 Confluence Health 124.00 08/15/2024 Breitenstein Immunizations
166771 Consolidated Disposal Service 47,104.33 08/15/2024 Disposal Loads/Transfer Stations
166772 Consolidated Electrical Distributors Inc 143.22 08/15/2024 Dayton 1/25 HP Motor
166773 Copiers Northwest Inc 255.33 08/15/2024 Equipment Contract Fees
166774 Corporate Translation Services, LLC 12.82 08/15/2024 Translation Services
166775 Correct Equipment 37,242.63 08/15/2024 Krypton - Stabiflow Measuring Systems
166776 D & L Supply Company Inc 7.38 08/15/2024 Tax Rate Adjustment - INV 0000163091
166777 Divines Towing 1,814.63 08/15/2024 Towing
166778 Dobbs Peterbilt- Moses Lake 703.23 08/15/2024 Urea Tank Sensor
166779 EMS Technology Solutions, LLC 553.35 08/15/2024 RFID Tags
166780 Evergreen StormH2O 19,203.46 08/15/2024 Stormwater Comp Plan
166781 Faber Industrial Supply 396.24 08/15/2024 Storage System/Flashlight/ Organizer
166782 Fastenal Company 119.67 08/15/2024 Batteries
166783 Fishingmagician.com 500.00 08/15/2024 LTAC Advertising
166784 GMP Consultants 9,590.10 08/15/2024 Interim City Mgr. Services
166785 Grainger Parts Operations 469.54 08/15/2024 Manifold Hose Set
166786 Hach Company 1,308.89 08/15/2024 Sensor Cap Replacement
166787 Hanford Mission Integration Solutions, LLC 282.14 08/15/2024 EVOC Training
166788 Home Depot Credit Services 702.24 08/15/2024 July Statement 2024
166789 Ibs Inc 851.87 08/15/2024 Drill Bits/Lens Cleaners
166790 Idexx Distribution, Inc.4,223.92 08/15/2024 Colilert 18/Coli P/A Comparator
166791 Jerrys Auto Supply 968.25 08/15/2024 Connector
166792 Kdrm/Kbsn 688.00 08/15/2024 Water Advertising
166793 Kelley Create 4,235.16 08/15/2024 Equipment Contract Fees
166794 King5.Com 2,500.00 08/15/2024 LTAC Advertising
166795 Lance, Soll & Lunghard, LLP 1,828.00 08/15/2024 Finance Pro Services
166796 Life -Assist, Inc.35.01 08/15/2024 Medical Supplies
166797 Life Flight Network 50.00 08/15/2024 Trujillo New Hire
166798 Michaelle Boetger Graphic Designs 28.75 08/15/2024 Fair Ad Resize
166799 MIRO-TV 1,640.00 08/15/2024 LTAC Advertising
166800 Moses Lake Steel Supply 46.11 08/15/2024 Stud Wedge Anchors
166801 Norco Enterprises Inc 621.57 08/15/2024 Medical Supplies
166802 North Central Laboratories 579.12 08/15/2024 Lab Supplies
166803 Northland Cable Television, Inc 99.95 08/15/2024 Internet Backup
166804 Northstar Chemical Inc 3,177.50 08/15/2024 Sodium Hypochlorite
166805 NYS Child Support Prosessing Center 184.61 08/15/2024 Gilmartin Child Support
166806 Oasis Auto Spa 1,698.40 08/15/2024 Car Washes - July 2024
166807 Oreilly Auto Parts 277.58 08/15/2024 Equipment Supplies
166808 Oxarc Inc 1,853.07 08/15/2024 Nitrogen
166809 Pacwest Machinery LLC 430.94 08/15/2024 Curtain Box
166810 Paramount Supply Company 32.38 08/15/2024 Bushings
166811 Platt Electric 803.89 08/15/2024 Electric Supplies
166812 Pud Of Grant County 105,364.40 08/15/2024 Electric Services
COML Council Packet 8-27-24, Page 28 of 38
Check Name Check Amount Check Date Invoice Description
166813 RH2 Engineering Inc.88,845.79 08/15/2024 Reservoir 10 Construction Design.
166814 Rhomar Industries Inc 302.25 08/15/2024 Tagster
166815 Schindler Elevator Corp 401.45 08/15/2024 Elevator Maintenance
166816 SCL Fence and Supply, LLC 308.83 08/15/2024 Fencing Materials
166817 Sherwin-Williams 43.38 08/15/2024 Paint Sprayer Part
166818 Sirennet.Com 2,127.16 08/15/2024 Emergency Lights
166819 Smarsh Inc 415.33 08/15/2024 Professional Archive
166820 SolelyOn Broadcasting, LLC 2,975.00 08/15/2024 LTAC Advertising
166821 Solera Global Corp.1,428.00 08/15/2024 Technical Data Software
166822 Spokane Television, Inc.2,711.50 08/15/2024 LTAC Advertising
166823 Sunrise Environ Scientific 720.22 08/15/2024 Graffiti Remover
166824 Target Solutions Learning 99.99 08/15/2024 Scheduling Software Support
166825 Tommer Construction Co Inc 486,203.71 08/15/2024 Bulk Gravel
166826 Transunion Risk & Alternative 168.61 08/15/2024 July Transunion
166827 True North Env Equipment 1,772.81 08/15/2024 Quick-Change Carbide/Lowering Device
166828 Turf Star Western 1,195.57 08/15/2024 Pulley-Idler
166829 United States Plastic Corp 219.52 08/15/2024 VCM Breaker/Air Release Valve
166830 Ups Freight 36.24 08/15/2024 Weekly Service Fees
166831 Usa Blue Book 3,383.86 08/15/2024 Tubing/Supplies
166832 Util Undrgrnd Location Center 141.24 08/15/2024 Underground Locates July 2024
166833 Verizon Wireless 13,711.10 08/15/2024 Cell Phone Services
166834 Waytek Inc 103.54 08/15/2024 Cable Ties
166835 Weinstein Beverage Company 1,034.35 08/15/2024 Council Water/Restroom Supplies
166836 Wilbur Ellis Company 311.94 08/15/2024 Efficax
166837 Aaron Hintz 87.00 08/20/2024 1st Responder Conference 9.2024
166838 Brad Mitchell 85.00 08/20/2024 ATC Cabinets Training
166839 Darrik Gregg 80.00 08/20/2024 West Point Leadership 2024
166840 Don Terrell 85.00 08/20/2024 ATC Cabinets Training
166841 Eric Breitenstein 58.00 08/20/2024 Fire Mechanics Conference 2024
166842 Eric Johnson 58.00 08/20/2024 Fire Conference 2024
166843 Nick Stewart 87.00 08/20/2024 1st Responder Conference 2024
166844 Rudy Valdez 80.00 08/20/2024 Leadership Conference 9.2024
166845 Carlos Cardenas 85.00 08/20/2024 Refund City Endorsement Fee
166846 Dean Gaddis 300.00 08/20/2024 2024 Boot Reimbursement
166847 Diego Rangel 161.50 08/20/2024 2024 CDL Endorsement Reimbursement
166848 Fine Designs Northwest, LLC 85.00 08/20/2024 Refund City Endorsement
166849 Ivan Marhitych 85.00 08/20/2024 Refund City Endorsement
166850 Lakeside Disposal, Inc 336,349.07 08/20/2024 July Haul Contract Payment
166851 Rosmary Le 5.25 08/20/2024 Swim Lesson Cancelled
166852 Scott Transport LLC 85.00 08/20/2024 Refund City Endorsement
166853 Sean Adcock 85.00 08/20/2024 Refund City Endorsement
166854 Tessa Franz 5.25 08/20/2024 Swim Lesson Cancelled
166855 TSG Transport LLC 85.00 08/20/2024 Refund City Endorsement
1,666,123.92$
COML Council Packet 8-27-24, Page 29 of 38
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Mike Jackson, Interim City Manager 19094
James Richmond, Director Technology Services
8/27/2024 Consent Agenda
GIS Ground Penetrating Radar Purchase
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
18,677.38$0.00$18,677.38$
Staff is recommending City Council move to approve the purchase of ground penetrating radar equipment.
Budget Adjustment Request - GIS GPR.pdf 213.34KB
To better respond to 811 "Call Before You Dig" requests, GIS Locator staff has a need for additional equipment
to assist in locating underground utilities infrastructure and verify accuracy of existing utility
maps/documentation. Ground penetrating radar equipment will allow staff to increase utility detection accuracy
and prevent damage to utility lines during excavation in areas of the city which are either lack in available
detection apparatus (ferrous materials and/or tracer wire) or infrastructure that is inaccurately documented.
Purchase includes staff training.
This will require $18,677.38 from accrued funds. There are no policy implications.
Options and Results
City staff will purchase ground penetrating radar unit and place it into immediate service.
Staff will bring back options for recommended changes.
Staff will continue to use available utility detection resources and renew request in 2025 budget.
COML Council Packet 8-27-24, Page 30 of 38
Budget Adjustment Request
Type of Adjustment*
Instructions:
If you are receiving additional revenues from an outside source (i.e. grant funds, donations, etc.) you must include the
appropriate revenue code that the funds will be deposited to and the amount in the revenue section above. Enter the
appropriate expenditure code/amount that the funds will be spent from in the expenditure section. The Use of Fund
Balance will calculate automatically from the Revenue and Expenditure amounts entered.
Fund*Department*
Project/Grant Number
Revenues
If there are no Revenues, please enter '0' in each column.
Fund*Dept *Object *Detail *Amount*
Expenditures
If there are no Expenditures, please enter '0' in each column.
Fund*Dept *Object *Detail *Amount*
Revenue Subtotal
Expenditures Subtotal
Use of Fund Balance
Explanation*
Amendment Transfer
517 - Technology Services 517 - Technology Services
If appropriate, please enter the Finance assigned Project/Grant Number.
Budget Adjustment Details
0
###
0
###
0
3####
0
####
0.00$
517
###
517
###
51888
5####
0312
####
18,677.38$
0.00$
18,677.38$
-18,677.38$
GIS Locator staff has a need for additional equipment to assist in locating underground utilities infrastructure
and verify accuracy of existing utility maps/documentation. Ground penetrating radar equipment will allow staff
to increase utility detection accuracy and prevent damage to utility lines during digging in areas of the city which
are either lack in available detection apparatus (ferrous materials and/or tracer wire) or infrastructure that is
inaccurately documented. Purchase includes staff training.
COML Council Packet 8-27-24, Page 31 of 38
Project Budget Sheet/Other Supporting Document
Name
Signature*
Submittal Date
Submitter Email
Is this being submitted by the City Manager, Assistant City Manager, or a Director?*
Submitting Department*
SalesOrd_111919_from_Instrument_Technology_Corporation_12028
(1).pdf 69.12KB
Submitter Information
James Richmond
Please type your first and last name in the space above. Your typed first and last name will serve as your signature. Your signature signifies your
acknowledgement of and agreement with the content of this form.
8/7/2024
jrichmond@cityofml.com
Yes No
Technology Services
COML Council Packet 8-27-24, Page 32 of 38
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Mike Jackson, Interim City Manager 19095
Brian Baltzell, Public Works
Director Public Works
8/27/2024 New Business
GC2023-108 Valley Road Landscaping
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
101,600.00$101,600.00$0.00$
Staff recommends Council move to approve all of the elements for the lowest water usage on the Valley Road
Landscaping Plan as presented.
Valley Road Planter Strip Presentation [Autosaved].pptx 7.96MB
No landscaping or retaining walls were included in the $3 Million 2022 Valley Road Reconstruction project.
Staff has prepared plans and received grant funding to add low-cost landscaping, irrigation and rockery with city
personnel and is seeking council input on desired improvements. in 2024 we budgeted $74,500 with the
additional money ($27,100) coming from grants for a total of $101,600
n/a
Options and Results
Staff will proceed with the project.
Staff will bring back options for recommended changes.
Staff will await further direction from Council.
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COML Council Packet 8-27-24, Page 34 of 38
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COML Council Packet 8-27-24, Page 38 of 38