City Council Meetings

Moses Lake City Council David Curnel, Mayor | Daryl Jackson, Deputy Mayor | Mike Riggs, Council Member | Karen Liebrecht, Council Member Don Myers, Council Member | David Eck, Council Member| Dean Hankins, Council Member Regular Meeting Agenda – REMOTE ACCESS ONLY Tuesday, May 26, 2020, 7 PM Due to the COVID-19 pandemic, the Governor has amended the emergency proclamation to prohibit all in person meetings of local government and only require public access to the remote meeting. Citizens can join this meeting via phone by calling 877 853 5257 (Toll Free) or 888 475 4499 (Toll Free) and entering the webinar id: 916 3070 9333 or online https://zoom.us/j/91630709333 Call to Order – 7 p.m. Roll Call Pledge of Allegiance Summary Reports: Mayor’s Report - Moses Lake High School Military Recruits Recognition Additional Business City Manager’s Report Citizen’s Communications – Citizens who would like to address the Council must submit written comments to the City Clerk no later than 3 p.m. on the day of the meeting. Comments will be provided to Council electronically and recorded in the meeting minutes, the public will not have access to speak at the meeting. Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #1 pg 4 a. City Council Meeting Minutes dated May 12, 2020 b. Claims and Payroll c. Set Public Hearing for Annual Six-Year TIP Resolution d. Set Public Hearing for Penn St ROW Vacate Resolution 3806 Continued …. Moses Lake Council Packet 5-26-20, Page 1 of 79 May 26, 2020, City Council Meeting – Page 2 Consent Agenda Continued: e. Accept Stratford Rd Watermain Replacement Project f. Award Stratford Rd Paving Project Bid g. Farwest Steel Discharge Permit Increase h. Sagecrest Phase 1 Final Plat Approval Old Business #2 pg 57 Homelessness Contract for Services Motion Presented by Allison Williams, City Manager Summary: Council to review and provide direction to staff New Business #3 pg 60 Purchase and Sale Agreement Chamber of Commerce Motion Presented by Allison Williams, City Manager Summary: Council to review and consider authorization Administrative Reports Council Communications and Reports Adjournment Moses Lake Council Packet 5-26-20, Page 2 of 79  MOSES LAKE CITY COUNCIL May 12, 2020 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Curnel via audio only online meeting access. Special notices for attendance and citizen comment were posted on the meeting agenda as well as a special News Flash on the city’s website. ROLL CALL Present: Mayor Curnel, Deputy Mayor Jackson; Council Members Eck, Riggs, Liebrecht, Myers, and Hankins. PLEDGE OF ALLEGIANCE Council Member Liebrecht led the Pledge of Allegiance. SUMMARY REPORTS MAYOR’S REPORT Public Works Week 5/17 – 5/23 Proclamation Mayor Curnel thanked the Municipal Services Department staff for all of the hard work they do for the City. (during Admin Reports) Municipal Services Director Fred Snoderly expressed his gratitude to his awesome staff. FEMA ICS Training There are three training courses that take about ten hours to complete that elected officials are required to attend and provide a certificate of completion. Mayor Curnel will share the links with Council to complete the online training. CITIZEN COMMENT Homeless Contract for Services Written comments were received and shared with Council in advance of the meeting that were in opposition of the Longview Tracks location from Maggie Estrada (w/Jose Zarrae, Emma Romero, Gerardo Salgado, Mel Garcia, and Maria Garcia), Angelica Rodriguez, Leslie Delgado, Maria Delgado, Araceli Delgado, Thomas Oronia, Omar Gonzales, Alan Mathyer, Brenda Salmeron, Maribel Oronia-Smith, Alma Garcia, and Gabe Oronia. A response was emailed to these citizens prior to the meeting by City Manager Allison Williams. CONSENT AGENDA #1 a. City Council meeting minutes dated April 2 and 28, 2020 b. Claim Checks 147765 through 147893 in the amount of $1,563,187.36; Payroll Checks 63390 through 63395 in the amount of $8,446.93; and Electronic Payments dated May 1, 2020, in the amount of $430,252.67 c Build on Unplatted LDS Temple Resolution 3804 d. Extend COVID-19 Pandemic Resolution 3805 e. LOCAL Program Intent – Fire Chassis f. Medic Unit Sales Agreement - Sawtooth g. Award Comp Plan Vision and Housing Action Plan Consultant Moses Lake Council Packet 5-26-20, Page 4 of 79  h. AFSCME Contract Amendment Action taken: Council Member Hankins moved to approve the Consent Agenda, second by Council Member Eck. The motion carried 7 – 0. OLD BUSINESS #2 2020 Budget Amendment Ordinance 2948 A first reading of the ordinance occurred on April 28. The ordinance amends the 2020 budget from bringing 2019 programs forward, new grants, and adjustments on prior estimates since the 2020 budget was set. Action taken: Council Member Riggs moved to adopt Ordinance 2948 as presented, second by Council Member Eck. The motion carried 7 – 0. #3 Homelessness Contract for Services With the onset of the COVID-19 pandemic, Grant County received $388,000 to create a plan for the identification of, housing of, and quarantining of populations that are at risk in partnership with its largest city. City Manager Allison Williams provided a synopsis of the work that had been done to date to identify the need for the program and that the COVID dollars provided the impetus to implement the prior work. Staff published a Request for Proposals that were due today for the first phase of a plan for a temporary camp and partnership with a non-profit for those services, as well as development of a long-term plan. One proposal was received from HopeSource as well as several offers of support, help, and coordination from other agencies. Action taken: Council Member Hankins moved to authorize the City Manager to execute a contract for services with HopeSource, second by Council Member Eck. The motion carried 6 – 1, Council Member Liebrecht was opposed. #4 Implement SHB 1406 Affordable Housing Tax Credit Ordinance 2951 The City adopted a Resolution of Intent to impose the tax on August 13, 2019. This ordinance establishes Municipal Code 3.33 Affordable Housing Sales and Use Tax to implement the sales tax credit on the state’s share of the tax. Action taken: Council Member Liebrecht moved to adopt Ordinance 2951, second by Council Member Hankins. The motion carried 7 – 0. #5 Grant County Conservation District (GCCD) Annexation Petition In 2017, the City Council voted to opt out of the GCCD for several factors, one being a new per parcel fee approved by the Grant County Commissioners. With the health of Moses Lake central to our community and its prosperity; this fee will provide funding to aid in the effort and support of GCCD and the newly formed Watershed Council. Watershed Council Chair Harold Crose provided a presentation to illustrate past, present, and future activities of the GCCD during the April 28 Study Session. City Attorney Katherine Kenison explained how a citizen’s petition would cause an election expense for Moses Lake Council Packet 5-26-20, Page 5 of 79  the Conservation District. Action taken: Council Member Riggs moved to approve execution of the petition to annex into the GCCD, second by Council Member Eck. The motion carried 4 – 3. Deputy Mayor Jackson, and Council Members Myers and Hankins were opposed. NEW BUSINESS #6 Coordinated Water System Appeal Process Ordinance 2950 Amending MLMC 13.07 Grant County Commissioners adopted the 1999 Coordinated Water System Plan (CWSP) which provides that disputes within incorporated city limits be resolved pursuant to an appeal process adopted at the local level. Moses Lake has never adopted a dispute resolution or appeal process and needs to do so in order to process those disputes. Action taken: Council Member Myers moved to adopt Ordinance 2950, second by Council Member Eck. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Finance Director Cindy Jensen provided the 1st Quarter Financial Report in the meeting packet. Staff is evaluating both the impact of the revenue decline and how the grant resources that are forthcoming will impact our budget. COUNCIL COMMUNICATIONS AND REPORTS Council Member Jackson advised that the Municipal Airport Lease Committee has met and are working on a resolution. Mayor Curnel said that there are a few American Flags not being displayed properly. He thanked Police Chief Kevin Fuhr for his assistance in correcting one location and they will work together on the other one in the near future. ADJOURNMENT The regular meeting was adjourned at 7:56 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 5-26-20, Page 6 of 79 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Council Meeting Date: May 26, 2020 Proceeding Type: Consent Agenda Subject: Semi-Monthly Disbursement Report The following amounts were budgeted and sufficient funds were available to cover these payments: Claim Checks 147894 - 148053 $1,246,491.82 Payroll Checks 0063396 - 0063406 $12,085.50 Electronic Payments Payroll ACH - 05/15/2020 $483,813.22 Summary RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place. 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Background Annually, the City is required to present the TIP to the public and allow comments to be heard and incorporated into the program. The TIP is sent to Regional, State, and Federal planning organizations to form lists of transportation needs and is due by June 30 each year. Fiscal and Policy Implications Only projects listed on the City’s TIP are eligible for Federal Funding. If a TIP is not approved, the City will not be eligible to receive any Federal transportation grants. Options Option Results • Motion to set the date for a public A public hearing will be set and the City will be hearing. one step closer to adopting the annual TIP • Take no action A date for a public hearing will be set at a later date Staff Recommendation Staff recommends City Council set a date for a public hearing to discuss the TIP and collect public comment on June 23, 2020. Attachments - None Legal Review N-A Moses Lake Council Packet 5-26-20, Page 34 of 79  STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: May 15, 2020 Proceeding Type: Consent Agenda Subject: Set Public Hearing for Vacation of Alley on Penn Street Legislative History: • First Presentation: May 26, 2020 • Second Presentation: • Requested Action: Motion Staff Report Summary The City Council should consider a request from staff to vacate a portion of Right-of-Way (ROW), described as the alley that exists between parcels running from Penn Street to Wheeler Road as part of the Commercial Plat. The Council should set a public hearing date for June 23, 2020, to consider the merits of the vacation and ordinance vacating described ROW. Background On the October 9, 2018, Council Meeting, City Council adopted Resolution No. 3745 to sell five (5) excess City properties, known as the Penn Street Operations Complex. There exists an alley that crosses between several of the properties running from north to south, from Penn Street to Wheeler Road, that is not developed and has no utilities that is no longer needed as part of the road system. Fiscal and Policy Implications Vacated Right-of-Way is no longer a responsibility or encumbrance for the City of Moses Lake to operate and maintain. The long-term operation and maintenance is a fiscal consideration. Moses Lake Council Packet 5-26-20, Page 35 of 79 Options Option Results • Consider the request to vacate ROW Public Hearing will be held and set a public hearing • Take no action ROW remains Staff Recommendation Staff recommends City Council adopt the Resolution setting June 23 as the date for a public hearing to consider the vacation request. Attachments A. Resolution with Legal Description, Vicinity Map, and staff memo Legal Review N-A Moses Lake Council Packet 5-26-20, Page 36 of 79  RESOLUTION NO. 3806 A RESOLUTION INITIATING THE PROCEDURE FOR VACATING RIGHT-OF-WAY DEDICATED FOR ALLEY WITHIN COMMERCIAL PLAT, EAST OF AND ADJACENT TO LOTS 5 & 6. RECITALS: 1. There is an alley right-of-way dedicated to the public, adjacent to and east of Lots 5 & 6, Commercial Plat, and 2. RCW 35.79 provides that a public street may be vacated upon resolution initiated and passed by legislative authority of the jurisdiction where the street is situated and the such resolution shall fix a time when the petition will be heard and determined and which shall not be more than sixty days or less than twenty days after the passage of such resolution. RESOLVED: 1. The vacation of the following described public right-of-way shall be initiated: A parcel of land lying in the southeast quarter of Section 14, Township 19 North, Range 28 East, W.M., Records of Grant County Washington, described as follows: Beginning at the South quarter corner of said Section 14; thence North 89°48’00” East along the South line of said Section 14, a distance of 425 feet; thence North 00°12’00” West 40 feet to the Southeast corner of Commercial Plat as recorded in volume 5, page 17 of plats, records of Grant County, Washington, which point is the True Point of Beginning; continuing thence North 00°12’00” West 300 feet along the East boundary of said Commercial Plat to said Northeast corner of Lot 6 of said Commercial Plat; thence North 89°48’00” East, 20.20 feet to the Northwest corner of Municipal Tract No. 2, as per plat recorded in volume 8 of plats, page 27; thence South 00°20’20” West along the West line of Municipal Tract No. 2, a distance of 300 feet; thence South 89°48’00” West, 17.38 feet, more or less, to the True Point of Beginning. 2. A public hearing and a vacation ordinance will be scheduled before the City Council for final consideration on June 23, 2020. Adopted by the City Council on May 26, 2020. ________________________________ David Curnel, Mayor ATTEST: __________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 5-26-20, Page 37 of 79  MEMORANDUM CITY OF MOSES LAKE ENGINEERING DIVISION May 15, 2020 TO: Fred Snoderly, Municipal Services Director FROM: Wayne Ostler PLS, Development Surveyor CC: Richard Law, City Engineer RE: Penn Street City Property and Commercial Plat Alley Background On the October 9, 2018 council meeting, City Council adopted Resolution No. 3745, to sell five (5) excess city properties, known as the Penn Street Operations Complex, to Joe A Garro. The deed following the resolution, was prepared and recorded, included four (4) of the properties. One of the properties that was in the resolution, and intended to be part of the sale, was inadvertently excluded from the deed. There also exists an alley right-of-way that crosses between several of the properties running from North to South, from Penn Street to Wheeler Road, that is not developed, has no utilities and is no longer needed as part of the roads system. The city owns and operates water and sewer mains located within existing Penn Street that serve two properties beyond the properties previously sold. Proposed Action The city property should be deemed surplus by the city and disposed/sold and the public alley right-of-way should be vacated. The city should also acquire water & sewer utility easements across the surplus property and properties previously sold to Garro. Valuation Recent sales of adjacent properties were calculated at $2.16 per square foot (City Properties to Garro) and $2.38 per square foot (Parcel 11-0475-027: Newton to Hall & Garro). I propose that the city takes the average of the two property sales as a market value to rate these, which calculates at $2.27 per square foot, for a Property Surplus and Alley Vacate, as shown: • Surplus Operations property (31,800 sf): $72,186.00 • Commercial Plat Alley Vacation (6,000 sf): $13,620.00 Moses Lake Council Packet 5-26-20, Page 38 of 79 Moses Lake Council Packet 5-26-20, Page 39 of 79  STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: May 13, 2020 Proceeding Type: Consent Agenda Subject: Accept Stratford Road Watermain Replacement Project 2019 Legislative History: • First Presentation: May 26, 2020 • Second Presentation: • Action Motion Staff Report Summary POW, Inc. has completed work for the Stratford Road Watermain Replacement Project 2019. Background The project consisted of replacing the existing asbestos concrete watermain in Stratford Road from the bridge to the Highway 17 Right-of-Way in preparation for the repaving project in 2020. The project also included patching and some sewer improvements. The work completed is in the amount of $649,528.29. The original price for the contract was $577,630.78. The additional work was due to needing to place the watermain deeper than originally designed due to conflicts with existing utility crossings, which added extra asphalt patching and labor to complete the work. The work performed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60-day lien period as required by Washington State Law. Moses Lake Council Packet 5-26-20, Page 40 of 79 Options Option Results • Motion to accept the project as The 60-day lien period will begin presented. • Take no action. The project won’t be accepted at this time Staff Recommendation Staff recommends accepting the Stratford Road Watermain Replacement Project. Attachments A. None Legal Review N-A Moses Lake Council Packet 5-26-20, Page 41 of 79  STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: May 19, 2020 Proceeding Type: Consent Agenda Subject: Request To Award Stratford Road Project 2020 Legislative History: • First Presentation: May 26, 2020 • Second Presentation: • Requested Action: Motion Staff Report Summary On May 19, staff opened bids for the Stratford Road Project. The City received three (3) bids for the work. The low bid was $1,726,332.68 and the Engineer’s Estimate was $2,069,300.00. Background The 2020 budget includes money for completing these improvements. This project consists of resurfacing Stratford Road from Broadway Avenue to Highway 17. It also includes adding an additional northbound turn lane from Stratford Road onto Valley Road , as well as installing a new traffic signal at Valley/Stratford intersection, and updating the signal at Stratford/Mart intersection. The low bidder C&R Tractor & Landscaping of Kelso, WA is currently working with the City of Moses Lake on the Valley Road Watermain Replacement project and has a lot of experience in similar projects. Fiscal and Policy Implications The project will require budgeted funds to be spent. Description Amount 2020 Budgeted funds for Stratford Road $1,700,000.00 Award Amount for Reservoir 8 Painting $1,726,332.68 Remaining Budget $ 26,332.68 Moses Lake Council Packet 5-26-20, Page 42 of 79 When the project was originally scoped, the additional turn lane was not considered. The additional work was added to make the intersection run at higher efficiency for the foreseeable future. Options Option Results • Award Stratford Road Project 2020 to Staff will move forward with executing a the lowest bidder 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 Stratford Road Project 2020 with C&R Tractor & Landscaping in the amount of $1,726,332.68. Attachments A. Bid Summary Legal Review N-A Moses Lake Council Packet 5-26-20, Page 43 of 79 Moses Lake Council Packet 5-26-20, Page 44 of 79 Moses Lake Council Packet 5-26-20, Page 45 of 79  STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: May 11, 2020 Proceeding Type: Consent Agenda Subject: Farwest Steel Discharge Permit Increase Legislative History: • First Presentation: May 26, 2020 • Second Presentation: • Requested Action: Motion Staff Report Summary Farwest Steel is requesting to increase their permitted discharge to the City’s POTW, without a physical connection, up to 20,000 gallons per occurrence, up to three times per year. Background MLMC 13.05.130 requires Council approval for all discharges without physical connections to the POTW. On June 14, 2016, City Council authorized a discharge to the POTW of 10,000 gallons, up to three times per year, to a private manhole on Farwest Steel’s property. We have had no issues with their prior approval. Farwest Steel has increased their capacity by adding a second cutting table, and thus requires to discharge up to 20,000 gallons up to three times per year. Jon Gooding, Branch Manager, has signed the Approval and Agreement letter attached, which also requires City Council approval. Fiscal and Policy Implications Staff time has been spent to review the request and prepare the reports. Additional costs will be required to treat up to 60,000 gallons of wastewater per year. Our facilities have the capacity for this request. The proponent should pay a fee of $400/year to cover the additional wastewater discharge and the administrative costs. Moses Lake Council Packet 5-26-20, Page 46 of 79 Options Option Results • Move to authorize the discharge as The Public Works Division Director prepared a presented, and approved by letter in accordance with MLMC 13.05.130 for Wastewater Manager allowing the discharge that will be processed upon approval by Council • Take no action The City will not accept the discharge and the proponent will need to discharge at an alternate location. Staff Recommendation Staff recommends City Council authorize an increased discharge and fees as presented. Attachment A. Agreement Letter of April 24, 2020, signed by Jon Gooding, Branch Manager Legal Review N-A Moses Lake Council Packet 5-26-20, Page 47 of 79 Moses Lake Council Packet 5-26-20, Page 48 of 79 Moses Lake Council Packet 5-26-20, Page 49 of 79  STAFF REPORT To: Allison Williams, City Manager From: Vivian Ramsey, Senior Planner Date: May 20, 2020 Proceeding Type: Consent Agenda Subject: Sagecrest Phase 1 Major Plat Final Plat Legislative History: • First Presentation: May 26, 2020 • Second Presentation: • Requested Action: Motion Staff Report Summary Attached for City Council consideration are the Findings of Fact for the Sagecrest Phase 1 Final Major Plat, as recommended by the Planning Commission. The Planning Commission considered the Final Plat at its April 16, 2020, regular meeting and recommended approval of the final plat with conditions. Background The proposed Major Plat is a 32-lot residential subdivision located between Westshore Dr and Hansen Road. Cove West Drive extends through the proposed subdivision. This Is the first phase of a three phase 84-lot residential development. The property is being subdivided for the purpose of providing lots for sale and the construction of single-family houses. Fiscal and Policy Implications No impact. Options Option Results • Approve the Sagecrest Phase 1 Final Sagecrest Phase 1 Final Plat can be finalized in Plat Findings of Fact as recommended accordance with previous City Council by the Planning Commission approvals. Approval permits the sale of residential lots which can be sold and homes can be constructed on the lots. • Take no action The Final Plat does not move forward and would contradict prior City Council approvals of the Sagecrest Phase 1 Major Plat. Moses Lake Council Packet 5-26-20, Page 50 of 79 Staff Recommendation Staff recommends approval of the Sagecrest Phase 1 Final Major Plat and Findings of Fact as recommended by the Planning Commission. Attachments - A. Findings of Fact Final and Preliminary Findings of Fact B. Maps & Aerial Legal Review – N/A Moses Lake Council Packet 5-26-20, Page 51 of 79 Moses Lake Council Packet 5-26-20, Page 52 of 79 Moses Lake Council Packet 5-26-20, Page 53 of 79  I I YDEN HOMES ’ A . N D O R Y ’ A A CK © Moses Lake Council Packet 5-26-20, Page 54 of 79  ’ I I YDEN HOMES A . N D O R Y A A CK © Moses Lake Council Packet 5-26-20, Page 55 of 79 5/8/2020 TerraScan MapSifter - Grant County Washington Moses Lake Council Packet 5-26-20, Page 56 of 79 grantwa.mapsifter.com/defaultHTML5.aspx 1/1  STAFF REPORT To: Mayor David Curnel, Council Members From: Allison Williams, City Manager Date: May 20, 2020 Proceeding Type: Old Business Subject: Authorization for the City Manager to contract for homeless services Legislative History: • First Presentation: City Council Work Session December 2018 • Second Presentation: May 14, 2019 – City Council approved Resolution No. 3764 • Third Presentation: May 12, 2019 – City Council authorized the City Manager to contract for homeless services • Action: Motion to authorize the City Manager to contract for homeless services OVERVIEW: The Mayor and City Council have taken a number of actions with the respect to being an active participant in the delivery of services to the homeless population. In December 2018, the Council held a work session with the providers of services in an effort to understand the work being done to assist the homeless and chronically homeless populations in Moses Lake. In May 2019, the Council passed Resolution 3764 electing to have the City operate its own homeless program. On August 13, 2019, the City Council passed Resolution 3774 declaring the City’s intent to authorize a sales and use tax for affordable and supportive housing. Due to a turnover in staff, there has been some delay in initiating programs, however, with the onset of the COVID pandemic, the need to provide a way for those most at risk to be housed, tested and quarantined has provided an opportunity for funding to implement a progressive program to assist with the chronic homelessness issue as identified in the Grant County Plan to End Homelessness. In that plan, the January point in time count identified 63% of the unsheltered population was within Moses Lake. On May 12, the City Council authorized the City Manager to enter into a contract for homeless services for the purposes of establishing a temporary homeless camp on the Longview property. As a result of that action, the community has asked the City Council to reconsider the action and the location. Moses Lake Council Packet 5-26-20, Page 57 of 79 BACKGROUND: With the onset of the COVID pandemic, Grant County received $388,000 to create a plan for the identification of, housing of, and quarantining of populations that are at risk. The plan needed to be signed off on by the Public Health Officer. The funding was intended to create additional emergency shelter space, increase access to sanitation and hygiene and address the costs of the displacement. The plan needed to be done in partnership with the largest city. As a result of the effort, the City has developed the first phase of a plan for the chronically homeless and a request for proposals was issued for a qualified non-profit as a partner in an initial and long term plan to provide a progressive response to the housing need for those most at risk in Moses Lake. One response was received to the RFP from HopeSource. The Longview Tracks area had been identified in the prior process carried out by the City Council’s homeless committee. The plan would provide for a temporary camp and the partnership with the non-profit would provide for a long-term plan to develop the park space (intended use of the site) and a site for permanent supportive housing and wrap around services. The cost of the plan is being covered by $170,000 of the COVID dollars received by the County. After the May 12 action, notice was provided to the neighborhood and the site was posted. Significant input was received by city staff and the Mayor and Council. At the request of the Mayor, the issue is being rescheduled for the May 26th meeting and several options are being considered for action. Options Options Results 1) The Council can opt to stay the course with The City Manager executes the contract as proposed the plan presented on May 12th and at the May 12th meeting for the development of the execute contracts as anticipated. Longview site. 2) The Council can opt to have contracts for service executed that establish the The City Manager executes the contract for the Longview site only for the temporary camp temporary camp at the Longview site and carries out and a process will be carried out to look at a process to look at long term site options. options for the long term need with the contractor. 3) The Council can opt to have a contract for In this case, in order to ensure the contract is service for the homeless outreach only and consistent with the needs for moving between carry out a process for the location for the phases for the COVIC pandemic, the short-term long-term need. location will need to be identified by August. • Take no action. The County will need to develop a plan to address the at-risk population under the COVID pandemic Moses Lake Council Packet 5-26-20, Page 58 of 79 Staff Recommendation Staff recommends the City Council authorize Option 3. A review of the phases of work under Option 3 follows: Legal Review N-A Moses Lake Council Packet 5-26-20, Page 59 of 79  STAFF REPORT To: Mayor David Curnel, Council Members From: Allison Williams, City Manager Date: May 20, 2020 Proceeding Type: New Business Subject: Purchase and Sale Agreement with the Moses Lake Chamber of Commerce Legislative History: • First Presentation: May 26, 2020 • Second Presentation: • Action: Motion authorizing purchase OVERVIEW: The Moses Lake Chamber of Commerce approached the City about their desire to relocate in February of 2019. The City of Moses Lake has a first right of refusal to purchase the building under an agreement for the building development in March 24, 1959. This action would authorize the City Manager to execute the purchase and sale agreement with the Chamber. BACKGROUND: In 2019, the Moses Lake Chamber of Commerce provided a letter of inquiry to the City in regard to the City’s interest to retain the property as a part of the Civic Center park. The March 24, 1959, agreement provides a first right of refusal and option for the City to purchase the chamber building for the value of the land plus improvements. The 2020 assessed value of the land is $8,000 plus $169,380 for the improvements. Options Option Results • Authorize the Purchase and Sale City Council authorizes the City Manager to Agreement execute • Take no action. The Chamber would proceed with marketing the property and the city would not retain control over the ultimate user who would purchase the property. Moses Lake Council Packet 5-26-20, Page 60 of 79 Staff Recommendation Staff recommends the City Council authorize the City Manager to execute the Purchase and Sale Agreement as presented. Attachments A. Purchase and Sale Agreement Legal Review The following documents are attached and subject to legal review: Date Reviewed by Legal Type of Document Title of Document Counsel • RESPA May 8, 2020 Moses Lake Council Packet 5-26-20, Page 61 of 79  PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement is entered into this _____ day of May, 2020, by and between Moses Lake Chamber of Commerce, a Washington nonprofit corporation, (“Seller”), and the City of Moses Lake, a Washington municipal corporation (“Purchaser”). WHEREAS, Seller owns certain real property in Grant County, Washington, consisting of approximately 0.37 acres, more or less, described more particularly as: Lot 1 Chamber of Commerce SP 3-27, located at 324 S. Pioneer Way, Moses Lake, Grant County, Washington. Grant County Tax Parcel No. 311332000 WHEREAS, Seller is willing to sell and convey the Property to Purchaser and Purchaser is willing to buy the Property on the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by reference, and the mutual covenants provided herein, Seller and Purchaser agree as follows: 1. 1959 AGREEMENT. Pursuant to the City’s first option to re-purchase the Property set forth in section 4 of that agreement entered into between the parties on March 24, 1959, a copy of which is attached hereto as Exhibit A, the Parties agree that the total value of the Property is One Hundred Seventy-Seven Thousand Three Hundred Eighty Dollars ($177, 380.00) and no/100. That value includes the 2020 appraised value of $169,380.00 for the improvements and $8,000.00 for the land. 2. PURCHASE PRICE. 2.1 Purchase Price and Payment. The purchase price of the Property is One Hundred Seventy-Seven Thousand Three Hundred Eighty Dollars ($177, 380.00) and no/100 payable in lawful U.S. currency. On the closing date, Purchaser shall pay Seller the balance of the purchase price by cashier’s or certified check. 2.2 Earnest Money. Not later than two (2) business days following the execution of this Agreement, Purchaser shall deposit with Frontier Title in Moses Lake, Washington (“Title Company”), as escrow agent for the closing of this transaction, cash in the amount of One Thousand Dollars ($1,000.00) (the “Earnest Money”). Upon closing of this transaction, the Earnest Money will be applied toward the Purchase Price that is due Seller. Should Purchaser default on its obligations under this Agreement, the Seller shall be entitled to retain the Earnest Money as liquidated damages. Moses Lake Council Packet 5-26-20, Page 62 of 79  3. REPRESENTATIONS AND WARRANTIES OF SELLER. For the purpose of inducing Purchaser to enter into this Agreement and to consummate the transactions contemplated hereby pursuant to the terms and conditions hereof, Seller represents and warrants to Purchaser as follows: 3.1 Seller has no knowledge of any pending or threatened condemnation or similar proceeding affecting the Property or any portion thereof, or pending public improvements in, about or outside the Property which will in any manner affect access to the Property; nor, has Seller any knowledge of any legal action of any kind or character whatsoever affecting the Property which will in any manner affect Purchaser upon the consummation hereof, nor has Seller knowledge that any such action is presently contemplated. 3.2 The Property is not subject to any leases or persons claiming tenancy rights or occupancy rights of any nature whatsoever. 3.3 Seller has no management, service, supply, or maintenance contracts with respect to the Property. 3.4 There are no mechanics’, materialmen’s, or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to Closing. 3.5 Seller is not a foreign person, nonresident alien, foreign corporation, foreign partnership, foreign trust, or foreign estate, as those terms are defined in the Internal Revenue Code and the Income Tax Regulations promulgated thereunder. 3.6 Each party executing and delivering this agreement and all documents to be executed and delivered in regard to the consummation of the transaction contemplated hereby on behalf of Seller has due and proper authority to execute and deliver the same. Seller has full right, power and authority to sell and convey the Property to Purchaser as provided herein and to carry out its obligations hereunder. 3.7 No personal property shall be left at the Property after closing except by permission of Purchaser. Any personal property left at the Property after closing will become the property of Purchaser. 3.8 The representations and warranties as set forth in this Agreement shall be continuing and shall be true and correct on and as of the closing date with the same force and effect as if made at that time, and all of such representations and warranties shall survive closing. 4. HAZARDOUS SUBSTANCES. Seller has not received notification of any kind from any agency suggesting that the Property is or may be targeted for cleanup of any hazardous, dangerous or toxic substances or that the Property is otherwise contaminated with any hazardous, toxic or dangerous waste or substance. To the best of Seller’s knowledge, there are no underground Moses Lake Council Packet 5-26-20, Page 63 of 79 or above ground storage tanks on the Property, and neither the Property nor any portion thereof is or has been used as a landfill, waste storage or disposal site, nor have any chemicals, petroleum or oil products, or hazardous, toxic or dangerous wastes or substances been stored, disposed of or released on or under the Property or any adjacent property. For purposes of this paragraph, hazardous substances includes any and all oil, or petrochemical products, PCB’s, pesticides, asbestos, urea formaldehyde, flammable explosives, radioactive materials, medical waste, hazardous wastes, toxic substances or related materials, including, without limitation, any substance now or hereafter defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” or “toxic substances” under any applicable federal, state, or local law or regulations. 5. CONTINGENCIES: In the event of the failure of any of the following contingencies, Purchaser may terminate this transaction, in which event this Agreement shall be null, void, and unenforceable. 5.1 Condition of Title. This transaction is contingent upon the condition of title to the Project Property being acceptable to Purchaser, in Purchaser’s sole subjective discretion. In the event any new exception to title is disclosed at any time prior to closing Purchaser shall have ten (10) business days to accept or reject such exception, and if necessary the closing deadline will be extended to provide such additional contingency period. 5.2 Access and Inspection. Seller shall give Purchaser and its agents necessary and reasonable access to the entire Seller’s Property and the improvements during the contingency period in order for Purchaser and its agents to perform inspections. Purchaser shall restore the Seller’s Property as near as reasonably possible to its prior condition after conducting such inspections. This Agreement is contingent upon Purchaser’s inspection of the Project Property and all improvements showing that the condition of the Project Property is satisfactory to Purchaser, in Purchaser’s sole discretion. Purchaser’s inspection may include, but shall not be limited to, geotechnical analysis including borings for soil samples, archaeological testing, and environmental assessments. Purchaser shall be permitted to bring such equipment onto the Project Property and disturb the surface and soils as may be required for these investigations. All inspections under this subparagraph shall be at Purchaser’s expense. 6. TITLE INSURANCE. Prior to Closing, Purchaser shall order a preliminary commitment for an owner’s standard coverage policy of title insurance in the amount of the Purchase Price Value to be issued by Frontier Title Company and accompanied by copies of all documents referred to in the commitment (the “Preliminary Commitment”). Purchaser shall advise Seller by written notice what exceptions to title, if any, are disapproved by Purchaser within thirty (30) days of receipt of the Preliminary Commitment and legible copies of all exceptions to title shown in the Preliminary Commitment. Seller shall have fourteen (14) days after receipt of Purchaser’s notice to give Purchaser notice that (i) Seller shall remove disapproved exceptions or (ii) Seller elects not to remove disapproved exceptions. If Seller fails to give Purchaser notice Moses Lake Council Packet 5-26-20, Page 64 of 79 before the expiration of the t fourteen (14) day period, Seller shall be deemed to have elected not to remove disapproved exceptions. If Seller elects not to remove any nonmonetary disapproved exceptions, Purchaser shall have fourteen (14) days from receipt of Seller’s notice to notify Seller of Purchaser’s election either to proceed with the purchase and take the Property subject to those exceptions, or to terminate this Agreement. If Seller gives notice that it will cause one or more of the nonmonetary exceptions to be removed but fails to remove any of them from title on or before the Closing Date, Purchaser shall have the right to either (i) elect to terminate this Agreement by written notice to Seller or (ii) proceed with the purchase, with damages chargeable against the Seller for the actual cost of removing from title those exceptions not approved by Purchaser, and to take the Property subject to those exceptions. If Purchaser elects to terminate this Agreement, this Agreement shall be null, void, and unenforceable. 7. TITLE CONVEYANCE. Seller shall convey title to the Project Property to Purchaser by Statutory Warranty Deed at closing, subject only to the exceptions approved by Purchaser and subject to any liens or encumbrances created by Purchaser. 8. REAL PROPERTY TAXES; UTILITIES. Real property taxes for the current year and any utility charges constituting liens against the Property shall be prorated as of the Closing Date. 9. CLOSING AGENT; CLOSING DATE. The Parties designate Frontier Title Company in Moses Lake, Washington (“Closing Agent”) as their closing agent for purposes of this real estate transaction. Closing of this real estate transaction shall take place on June 30, 2020, or such earlier date as the parties may agree in writing (“Closing Date”) which date shall be the termination date of this Agreement (unless the parties mutually agree to extend the Closing Date as provided below) in the offices of the Closing Agent. 10. CLOSING COSTS. On demand of Closing Agent, and not later than the Closing Date, Purchaser and Seller shall deposit with Closing Agent all monies (by cashier’s or certified check), instruments, and documents necessary to close the conveyance of the Project Property and shall execute all instruments and documents reasonably necessary to effect the conveyance of the Project Property on the terms and conditions set forth in this Agreement. The costs of closing, exclusive of the purchase price and real property taxes, shall be borne by the parties as follows: Seller Purchaser Attorney Fees each to pay own each to pay own Excise Tax X Closing Fees 1/2 1/2 Recording Fees 1/2 1/2 Moses Lake Council Packet 5-26-20, Page 65 of 79  Title Insurance X 11. FAILURE TO CLOSE. If Closing Agent is unable to close the real estate transaction contemplated herein by 5:00 p.m. on the Closing Date in compliance with the provisions of this Agreement because of the fault of one or the other of the parties, the party who is not at fault with respect to Closing Agent’s inability to close shall have the right, upon giving written notice to Closing Agent, to terminate this Agreement. Upon receipt of such notice, Closing Agent is authorized and directed to return any instruments, documents, and sums deposited by the parties with Closing Agent, to the respective parties, less their respective shares of any fees and costs incurred by Closing Agent. In the event the party not at fault does not give such notice and Closing Agent is still unable to close the real estate transaction on or before a date which is thirty (30) days following the Closing Date, then, unless Closing Agent has received a written extension agreement signed by Seller and Purchaser, Closing Agent shall return to the respective parties any instruments, documents and sums deposited by them, less their respective shares of Closing Agent’s fees and costs as provided herein. 12. CLOSING INSTRUCTIONS/DISPUTES. All sums deposited with Closing Agent shall be deposited into and disbursed by check from Closing Agent’s trust account. All documents, instruments, and checks to be delivered to the respective parties are to be mailed to the respective parties at the addresses set forth on the signature page of this Agreement, unless either or both parties give written instructions to Closing Agent to the contrary or take personal delivery. Should Closing Agent, before closing the real estate transaction, receive or become aware of any conflicting demands of the parties with respect to the closing instructions contained in this Agreement or the rights of any of the parties hereto, or for any money or property deposited herein or affected hereby, Closing Agent shall have the right to discontinue any and all further acts on its part to be performed until such conflict is resolved to the mutual satisfaction of Closing Agent and the parties hereto; and if not resolved, Closing Agent shall have the further right to commence or defend any action or proceeding for the resolution of such conflict. Closing Agent shall have the right to file a suit in interpleader and in the event Closing Agent does so, it shall be fully released and discharged from all other and further obligations imposed upon it by this Agreement. No notice, demand, or change of instruction to Closing Agent other than as contained herein shall be of any effect or binding on Closing Agent unless given in writing, signed by Seller and Purchaser and accepted in writing by Closing Agent. The obligations of Closing Agent hereunder are confined to the performance of those instructions specifically given to Closing Agent in this Agreement and those given in subsequent documents, if any, signed by Seller and Purchaser and accepted in writing by Closing Agent. Closing Agent shall furnish Seller’s Attorney or agent, Mark Fancher, Coldwell Banker Tomlinson, 1000 South Pioneer Way, Moses Lake, WA 98837, and Purchaser’s attorney, Katherine Kenison, of KenisonFranz, 406 W. Broadway Ave., Suite D, Moses Lake, WA 98837, with true and correct copies of the closing documents at least three (3) Moses Lake Council Packet 5-26-20, Page 66 of 79 days prior to the submission of said closing documents to the Seller and/or the Purchaser for execution. 13. POSSESSION. Purchaser shall be entitled to possession of the Property on closing. 14. EVENTS OF DEFAULT AND TERMINATION. 14.1 By Seller. If there is an event of default under this Agreement by Seller (including a breach of any representation, warranty or covenant), Purchaser will be entitled (a) in addition to all other remedies available at law or in equity, to seek specific performance of Seller’s obligations under this Agreement or (b) to terminate this Agreement by written notice to Seller and Escrow Agent. If Purchaser terminates this Agreement, the escrow will be terminated, the entire Deposit must immediately be returned to Purchaser, all documents will be immediately returned to the party who deposited them, and neither party will have any further rights or obligations under this Agreement, except as otherwise provided in this Agreement except that Seller shall pay any costs of terminating the escrow and any cancellation fee for the Preliminary Commitment. 14.2 By Purchaser. IN THE EVENT PURCHASER FAILS, WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY, THE EARNEST MONEY DEPOSIT MADE BY PURCHASER WILL BE FORFEITED TO SELLER AS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO SELLER FOR SUCH FAILURE. 15. EQUAL BARGAINING. This agreement has been drafted by the mutual efforts of the parties. Seller and Purchaser acknowledge and represent that each of them is fully competent to negotiate and to enter into this agreement with the other and that they have freely entered into it with adequate opportunity for prior consultation with independent legal counsel of their choosing. All terms and provisions shall be given their fair and reasonable interpretation without reference to which party, or its counsel, drafted any particular term or provision in question. 16. NOTICE. If notice is given pursuant to this Agreement, it shall be given to the Parties by personal service, or by certified mail, postage prepaid, return receipt requested at the following addresses: To the Seller: To the Purchaser: Moses Lake Chamber of Commerce City of Moses Lake 324 S. Pioneer Way 401 S. Balsam Moses Lake, WA 98837 Moses Lake, WA 98837 or at such other address as either party designates by written notice to the other party and to the Closing Agent. All notices shall be deemed given on the day such notice is personally served, or Moses Lake Council Packet 5-26-20, Page 67 of 79 on the second business day following the day such notice is mailed in accordance with this paragraph. 17. BROKER. The Parties declare that there are no agents or brokers involved in this sale, and no real estate sales commission is owed to any Party in connection with this transaction. In the event a claim for a broker’s fee, finder’s fee, commission, or other similar compensation is made in connection with this contract, the Party whose actions have given rise to such claim shall hold the other party harmless from all damages, liabilities, costs, expenses, and losses, including, without limitation, reasonable attorneys’ fees and costs sustained or incurred by reason of such claim. The provisions of this paragraph shall survive the closing of this transaction. 18. COUNTERPARTS. This agreement may be executed in several identical counterparts, each of which shall be deemed to be an original copy, all of which together shall constitute one agreement, binding upon all parties hereto, notwithstanding that all the parties shall not have signed the same counterparts. 19. FACSIMILE/ELECTRONIC TRANSMISSION. Facsimile transmission or electronic (email) transmission of any signed original document, and retransmission of any signed facsimile or electronic transmission, shall be the same as delivery of an original. The Parties acknowledge that a signature in electronic form has the same legal effect and validity as a handwritten signature. At the request of either party, or the closing agent, the parties will confirm facsimile or electronically transmitted signatures by signing an original document. 20. ENTIRE AGREEMENT; TIME; BINDING AGREEMENT. This Agreement, with any attachments incorporated herein by reference, constitutes the entire agreement between the Parties and there are no verbal agreements, nor there any verbal agreements, which modify or amend this agreement. Time is of the essence in this agreement. If any deadline or the time for performance hereunder falls on a Saturday, Sunday or a day that is recognized as a holiday by the State of Washington, then such time shall be deemed extended to the next day that is not a Saturday, Sunday or holiday. This agreement is binding on the parties, their personal representatives and heirs. 21. COUNCIL APPROVAL. The Seller acknowledges that this agreement does not bind the Purchaser until the Council approves this Purchase and Sale Agreement. 22. CONTINUATION. All representations and warranties by the respective parties contained in this Agreement or made in writing pursuant to this Agreement are intended to and will remain true and correct as of the time of closing, will be deemed to be material and will survive the execution and delivery of this Agreement and the delivery of the Deed and transfer of title. Such representations and warranties, however, are not assignable and do not run with the land, except as may be expressly provided herein or contained in a written instrument signed by the party to be charged. Moses Lake Council Packet 5-26-20, Page 68 of 79  23. VENUE AND GOVERNING LAW. Venue of any suit shall be in the Superior Court of Grant County, Washington and this Agreement is to be governed by the laws of the State of Washington. 24. ATTORNEY FEES. Each party shall pay its own legal fees relating to negotiation and drafting of this Agreement and the documents to be executed at closing. If either party fails to perform any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the defaulting party or the party not substantially prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this Agreement, including, without limitation, court costs and reasonable attorney fees incurred in connection with any federal, state or bankruptcy court proceeding. 25. TIME. Time is of the essence of this Agreement. 26. WAIVER. Neither Seller’s nor Purchaser’s waiver of the breach of any covenant under this Agreement will be construed as a waiver of a subsequent breach of the same covenant. 27. NON-MERGER. The terms and provisions of this Agreement, including, without limitation, all indemnification obligations will not merge in, but will survive, the closing of the transaction contemplated under this Agreement. IN WITNESS WHEREOF, the Parties hereto have signed their names the day, month, and year first written above. Moses Lake Chamber of Commerce City of Moses Lake ____________________________________ ____________________________________ By: Debbie Doran-Martinez, President/CEO Allison Williams, City Manager Moses Lake Council Packet 5-26-20, Page 69 of 79 STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that Debbie Doran-Martinez is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as President and CEO of the Moses Lake Chamber of Commerce, and acknowledged it to be her free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:_____________________, 2020. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that Allison Williams is the person who appeared before me and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as City Manager of the City of Moses Lake, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED:_____________________, 2020. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ Moses Lake Council Packet 5-26-20, Page 70 of 79 Moses Lake Council Packet 5-26-20, Page 71 of 79 Moses Lake Council Packet 5-26-20, Page 72 of 79 Moses Lake Council Packet 5-26-20, Page 73 of 79 Moses Lake Council Packet 5-26-20, Page 74 of 79 Moses Lake Council Packet 5-26-20, Page 75 of 79 Moses Lake Council Packet 5-26-20, Page 76 of 79 Moses Lake Council Packet 5-26-20, Page 77 of 79 Moses Lake Council Packet 5-26-20, Page 78 of 79 Moses Lake Council Packet 5-26-20, Page 79 of 79