2019 0625 Council Agenda PacketMoses Lake City Council
Karen Liebrecht, Mayor | David Curnel, Deputy Mayor | Mike Riggs, Council Member | Don Myers, Council Member
Daryl Jackson, Council Member | Ryann Leonard, Council Member| Dean Hankins, Council Member
Moses Lake Civic Center – 401 S. Balsam St.
Regular Meeting Agenda
June 25, 2019 at 7 p.m.
Call to Order – 7 p.m.
Roll Call
Pledge of Allegiance
Summary Reports:
Mayor’s Report
Additional Business
City Manager’s Report
Citizen’s Communications – Identification
Citizens who would like to address the Council must complete one of the blue speaker request cards and submit it to the
City Clerk. There is a (5) minute time limit per speaker.
Presentation
State Commercial Aviation Coordinating Commission SB5370 –
Port of Moses Lake Executive Director Jeff Bishop
Consent Agenda Motion
All items listed below are considered to be routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for
discussion prior to the time Council votes on the motion to adopt the Consent Agenda.
#1 a.City Council Meeting Minutes dated June 11, 2019
pg 3 b. Bills and Checks Issued
c.Award Well 18 Starter Replacement Bid
d.Award Sewer Manhole Lining Bid
e.Accept Juniper Dr. Booster Pump Station Rehab Project
Old Business – None Scheduled
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June 25, 2019, City Council Meeting – Page 2
New Business
#2 a. Nuisance Abatement 1244 S Division Resolution 3770 Motion
pg 53 b. Nuisance Abatement 8729 NE Vince Resolution 3771 Motion
Presented by Rick Rodriguez, Code Enforcement Officer
Summary: Council to conduct hearings on items a-b, review and adopt individual resolutions as presented
#3 Tactical Response Vehicle Purchase Motion
pg 89 Presented by Kevin Fuhr, Interim City Manager
Summary: Council to review and authorize as presented
#4 Solid Waste Consultant Contract – First Presentation
pg 95 Presented by Cindy Jensen, Finance Director
Summary: Council to review and consider action on July 9
Administrative Reports
Council Communications and Reports
Executive Session – none scheduled
Adjournment
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MOSES LAKE CITY COUNCIL
June 11, 2019
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor
Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam St., Moses Lake,
Washington.
ROLL CALL
Present: Mayor Liebrecht; Deputy Mayor Curnel; Council Members Jackson, Myers, Riggs, and
Hankins. Absent: Council Member Leonard.
Action taken: Deputy Mayor Curnel moved to excuse Council Member Leonard, second by Council Member Myers. The motion carried 6 – 0.
PLEDGE OF ALLEGIANCE
Planning Commissioner David Eck led the Council in the Pledge of Allegiance.
SUMMARY REPORTS:
MAYOR’S REPORT
Moses Lake Airshow
Council wore matching shirts they received from the Port of Moses Lake in celebration of the first Airshow being held this Thursday and Friday at Grant County International Airport. This is one of many events this year that received Lodging Tax Funding.
ADDITIONAL BUSINESS
Governance Manual and Grant County Economic Development Committee Council Members Jackson and Hankins requested staff to schedule a study session to update the 2016 Governance Manual and also consider the City’s representation on the Grant County Economic Development Committee going back to Council vs. the staff
assignment that has been made the last few years.
CITY MANAGER’S REPORT
New and Promoted City Employees
Human Resources Director Carlos Salazar introduced Kerri Fenner, former Accounts
Payable Clerk as well as other positions with the City, who has accepted the Human Resources Coordinator position.
Planning Manager RJ Lott introduced Kris Robbins who has been promoted from
Associate Planner to Senior Planner.
Finance Director Cindy Jensen introduced Brittany Sypert, former Utility Clerk, who has accepted the Business License Clerk position. She announced that Robin Dukart has been the temporary Payroll Specialist and has accepted the position full-time. She also
announced a new of hire Meri Jane Bohn who will fill the Utility Clerk position.
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Municipal Services Director Fred Snoderly announced that Dave Thompson, Development Engineer Tech III, will retire next Friday after 31 years of service with the
City. Rob Harris, former Development Engineer Tech II and who has been with the city for 26 years, has accepted a promotion to Engineer Tech III. Native resident Jason Grubb has accepted the Engineer Tech II position. Franklin Ridgeway was hired in November 2018 as a Wastewater Operator III. Wastewater Operator-in-Training Alex Morton and Custodian Shanda Creiglow were also hired last November. Gary Vela and Travis Mohs
were hired as Wastewater and Water Operators-in-Training in January and March respectively. Jamie Lamb was promoted to Wastewater Division Foremen-Collection in March. Kiwanis Cowboy Breakfast
The group has requested a waiver of the 10% concession fee for vending in the Parks since 100% of their proceeds go into local community programs. Action taken: Mayor Liebrecht moved to waive the 10% fee for the Cowboy Breakfast, second by Deputy Mayor Curnel. The motion carried 6 – 0.
Agenda Addition There will be an Executive Session at the end of the meeting pursuant to RCW 42.30.110(1)(i) to discuss litigation.
CITIZEN’S COMMUNICATION Moses Lake Airshow Terry Quick, 15913 20th Pl W, Lynwood, Visit Washington Executive Director, received a lodging tax contribution from the city for this new local event. Mr. Quick shared the statistics for
social media and radio advertisements of the event as well as anticipated bed nights to be generated at local hotels. REC Closure Elisia Dalluge, 310 Loring, Moses Lake, thanked Deputy Mayor Curnel for his comments on
May 14 regarding the closure of REC. She has been in contact with state and federal officials to request funding assistance for the City should it be needed.
PRESENTATION
Grant County Airport Clean Up
EPA Project Manager Brad Martin provided a brief history of the activities being taken to
monitor and clean up the contaminated groundwater and aquifer which started in the early 1990’s. The project also has ongoing outreach to fund private drinking water filtration systems for sites that meet a certain level of impact. He extended an invitation to Council and staff to visit the site of a filtration system that is currently under construction at the intersection of
Owens and Loring.
PUBLIC HEARING
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#1 Six-Year Transportation Improvement Program (TIP) Resolution 3765
The City is required to annually adopt a Six-Year TIP. The TIP is then submitted to regional, state, and federal planning organizations to form lists of transportation needs. Mayor Liebrecht opened the hearing at 7:45 p.m., no comments were received and the hearing was closed. 15 projects were presented in the 2020-2025 TIP.
Action taken: Council Member Jackson moved to adopt Resolution 3765 as presented, second by
Deputy Mayor Curnel. The motion carried 6 – 0. CONSENT AGENDA
#2 a. City Council meeting minutes dated May 23 and 28, 2019
b. Claims in the amount of $1,162,123.84; claim checks in the amount of
$765,025.57; prepaid claim checks in the amount of $1,221.87 c. Award Operation Storage Area HMA Bid d. Award Sand Dunes Well Phase 2 Bid e. Lakeshore Drive Archaeological Monitoring Contract
Action taken: Deputy Mayor Curnel moved to approve the Consent Agenda, second by Council Member Jackson. The motion carried 6 – 0. OLD BUSINESS #3 Sparks Lot A4B Annexation Ordinance 2926 A first presentation and public hearing occurred on May 28. The ordinance annexes property located at the southeast city limit near I-90.
Action taken: Council Member Jackson moved to adopt Ordinance 2926, second by Council
Member Myers. The motion carried 6 – 0. ADMINISTRATIVE REPORTS
Police Chief Kevin Fuhr distributed photos at the meeting showing the former and like images of
a new armored vehicle with a generous grant in the amount of $180k from the Paul Lauzier
Foundation. The City will be soliciting partnerships for the funding gap in purchasing the new vehicle from the regional SWAT unit. COUNCIL COMMUNICATIONS AND REPORTS – no action taken.
EXECUTIVE SESSION
Mayor Liebrecht called an Executive Session at 7:52 p.m. to be held for 20 minutes pursuant to RCW 42.30.110(1)(i) to discuss litigation and there will be action to follow.
The meeting reconvened at 8:16 p.m.
Action taken: Council Member Jackson moved to approve the settlement agreement and release
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between the City of Moses Lake and John Williams and to the authority to the Mayor to execute the same, second by Council Member Myers. The motion carried 6 – 0.
Action taken: Mayor Liebrecht moved to increase the monthly salary to Police Chief Fuhr by $5,351.38 per month retroactive to May 2, 2019, second by Council Member Myers. The motion carried 6 – 0.
ADJOURNMENT The regular meeting was adjourned at 8:18 p.m.
______________________________________ Karen Liebrecht, Mayor
ATTEST____________________________________ Debbie Burke, City Clerk
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STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: June 13, 2019
Proceeding Type: Consent Agenda
Subject: Award 2019 Well 18 Starter Replacement
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
June 25, 2019
Motion
Staff Report Summary
On June 12, staff opened bids for the 2019 Well 18 Starter Replacement Project. The City received
two bids for the work. The low bid was $152,961.50 and the Engineer’s Estimate was $151,340.
Background
The 2019 budget includes money for completing these improvements. The project includes
replacing the existing failed starter with a variable frequency drive.
The low bidder, Farmers Electric II, LLC of Othello Washington, has successfully done business with
the City in the past.
Fiscal and Policy Implications
The project will require budgeted funds to be spent.
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Options
Option Results
• Award the 2019 Well 18 Starter
Replacement Project to the lowest
bidder
Staff will move forward with executing a
contract with the low bidder to complete the
work.
• Take no action Staff will stop working on this project and wait
for further direction from City council.
Staff Recommendation
Staff recommends awarding the bid for the 2019 Well 18 Starter Replacement Project from
Farmers Electric II, LLC in the amount of $152,961.50.
Attachments
A. Bid Summary
Legal Review
N-A
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STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: June 21, 2019
Proceeding Type: Consent Agenda
Subject: Award 2019 Sewer Manhole Lining
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
June 25, 2019
Motion
Staff Report Summary
On June 21, staff opened bids for the 2019 Sewer Manhole Lining Project. The City received three
bids for the work. The low bid was $190,695.97 and the Engineer’s Estimate was $233,155.49.
Background
The 2019 budget includes money for completing these improvements. The project includes
lining existing brick manholes to prevent further deterioration.
The low bidder, Cascade Industrial Services of Rathdrum, Idaho, has not done business with the
City in the past.
Fiscal and Policy Implications
The project will require budgeted funds to be spent.
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Options
Option Results
• Award the 2019 Sewer Manhole Lining
Project to the lowest bidder
Staff will move forward with executing a
contract with the low bidder to complete the
work.
• Take no action Staff will stop working on this project and wait
for further direction from City council.
Staff Recommendation
Staff recommends awarding the bid for the 2019 Sewer Manhole Lining Project to Cascade
Industrial Services in the amount of $190,695.97.
Attachments
A. Bid Summary
Legal Review
N-A
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STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: June 12, 2019
Proceeding Type: Consent Agenda
Subject: Accept Juniper Drive Booster Pump Station Rehab Project - 2018
Legislative History:
• First Presentation:
• Second Presentation:
June 25, 2019
• Action: Motion
Staff Report Summary
Shannon Industrial has completed the work on Juniper Drive Booster Pump Station Rehab Project
- 2018 and it is ready to be accepted.
Background
The project consisted of installing new booster pump and motor, new flow meter and associated
piping. Project also upgraded the electrical and controls and rebuilt the leaking roof of the
structure. This project allows water from the downtown water zone to be pumped into the
Lakeview zone during heavy use times.
The work completed is in the amount of $170,266.15. The original award for the contract was
$158,042.20. The additional cost is due to the need to upsize the variable frequency drive to make
the system work properly.
The work is physically complete by the contractor and ready for acceptance.
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Fiscal and Policy Implications
Upon acceptance, the City will enter into the 60-day lien period as required by Washington State
Law.
Options
Option Results
• Move to accept the project as
presented.
The 60-day lien period will begin.
• Take no action. The project will not be accepted at this time.
Staff Recommendation
Staff recommends accepting the Juniper Drive Booster Pump Station Rehab Project - 2018.
Attachments
A. None
Legal Review
N-A
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STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Rick Rodriguez, Code Enforcement Officer
Date: June 25, 2019
Proceeding Type: New Business
Subject: Resolution - Nuisance Abatement – 1244 S Division St
Legislative History:
• First Presentation: June 25, 2019
• Second Presentation:
• Action: Motion
Staff Report Summary
Attached is a resolution providing for the abatement of nuisances at 1244 S Division St., owned
by Kendra Luther and Linda Lucas. The Council should hold a hearing to consider the allegations
of the Code Enforcement Officer that the property contains a public nuisance Moses Lake
Municipal Code (MLMC) 8.14.030.U – Weeds and grasses over twelve (12) inches in height, which
has not been corrected. If the Council concurs that a public nuisance exists, the resolution should
be adopted allowing the City to remove the public nuisance.
Background
The code enforcement matter at 1244 S Division St. was initiated by Code Enforcement. The
property is approximately 8700 square feet, is located in a residential zone (R-1), and the
structure on the property has been vacant for multiple years. Code Enforcement has enforced
and abated this property every year for the past several years for the weeds and tall grasses and
graffiti. The owners were issued civil infractions last year for the weeds and tall grasses and have
been cited again this year.
In accordance with MLMC 8.14.030.U, the site was inspected and determined to be a nuisance
pursuant to MLMC 8.14.030.U. See attached May 21, 2019 Notice of Violation and Order to
Correct or Cease Activity.
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Fiscal and Policy Implications
N/A
Options
Option Results
• Adopt the Resolution Compliance with MLMC 8.14, Nuisances by abating
the existing nuisance at 1244 S Division St.
• Take no action. Non-Compliance with MLMC 8.14, Nuisances
Staff Recommendation
Staff recommends that City Council consider abating the existing nuisance at 1244 S Division
Street and adopt the Resolution as presented.
Attachments
A. Resolution
B. Enforcement case file to include: enforcement letters, photographs, certified letter documentation, and hearing
notification.
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Resolution Nuisance Abatement June 19, 2019
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RESOLUTION NO. 3770 A RESOLUTION DETERMINING THAT KENDRA M. LUTHER AND LINDA J. LUCAS ARE THE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the
City, a person authorized to enforce the ordinances and municipal code of the City, that the
real property located at 1244 South Division Street (Lot 11 Broad Ripple #1), Parcel #090640000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030.U. The records of Grant County show the owners of the subject property to be Kendra M. Luther and Linda J. Lucas, 21444 30th Ave S, Seatac, WA. 98198-6030. 2. Notice. On May 21, 2019, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and
Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the
subject property. On June 5, 2019, the Code Enforcement Officer caused to be delivered to Kendra M. Luther and Linda J. Lucas a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of June 25, 2019. Such notice was in
writing, in the English language and was delivered by certified mail and regular mail to the record owners of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030.U – Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter.
3.2 Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are
used for agricultural purposes, all grasses, weeds or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12”) in height measured above the ground.
a. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. b. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a
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soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping is
implemented immediately. 3.3 Compliance shall be required as follows: a. Property with no sidewalk/activity trail or residential dwelling on the property shall be exempt. b. Property with sidewalk/activity trail but no residential dwelling on the property shall be required to control the vegetation ten feet (10’) from the back of the sidewalk/activity trail.
c. Property with sidewalk/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property.
4. Hearing. On June 25, 2019 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is
responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. 5. Evidence: 5.1. The following persons testified under oath: Rick Rodriguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: EXHIBIT #1: Pictures taken by Code Enforcement Officer of the property located at 1244 South Division Street.
EXHIBIT #2: Notice to Correct dated May 6, 2019 from the Code Enforcement Officer addressed to Kendra M. Lucas.
EXHIBIT #3: Notice of Violation and Order to Cease Activity dated May 21, 2019 from the Code Enforcement Officer addressed to Kendra M. Luther and Linda J. Lucas. EXHIBIT #4: Letter dated June 5, 2019, from the Code Enforcement Officer to Kendra M. Luther and Linda J. Lucas advising the property owners of the hearing regarding abatement of property, scheduled for June 25, 2019. 6. Resolved: 6.1 A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 1244 South Division Street, Moses Lake, Washington. Kendra M. Luther and Linda J. Lucas are the record contract owners of the subject property per the records of Grant County.
6.2 The public nuisance located upon the subject property consists of:
6.2.1. Grasses and weeds measuring greater than twelve (12) inches in height.
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6.3 The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values.
6.4. Kendra M. Luther and Linda J. Lucas, the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following:
6.4.1 Trim/cut the grasses and weeds down to measure less than twelve (12) inches in height. 6.5 City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the cleanup required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection.
6.6 A copy of this resolution shall be provided to the record contract owner by certified and regular mail after its approval by the City Council.
Adopted by the City Council of Moses Lake, WA on June 25, 2019.
___________________________________ Karen Liebrecht, Mayor ATTEST: ___________________________________
Debbie Burke, City Clerk
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STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Rick Rodriguez, Code Enforcement Officer
Date: June 25, 2019
Proceeding Type: New Business
Subject: Resolution - Nuisance Abatement – 8729 NE Vince Rd
Legislative History:
• First Presentation: June 25, 2019
• Second presentation:
• Action: Motion
Staff Report Summary
Attached is a resolution providing for the abatement of nuisances at 8729 NE Vince Road, owned
by Felipe Diaz. The Council should hold a hearing to consider the allegations of the Code
Enforcement Officer that the property contains a public nuisance Moses Lake Municipal Code
(MLMC) 8.14.030.U – Weeds and grasses over twelve (12) inches in height, which has not been
corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted
allowing the City to remove the public nuisance.
Background
The code enforcement matter at 8729 NE Vince Road was initiated by Code Enforcement. The
property is approximately 13068 square feet, is located in a residential zone (R-1), and the
structure on the property has been vacant off and on for many years. Since 2013, the property
has been under enforcement for weeds and tall grasses a total of 14 times including this case
tonight. Mr. Diaz has been the owner of the property since 04-22-2017. While in his ownership,
the property has been under enforcement 5 times for weeds and tall grasses.
In accordance with MLMC 8.14.030.U, the site was inspected and determined to be a nuisance
pursuant to MLMC 8.14.030.U. See attached May 14, 2019 Notice of Violation and Order to
Correct or Cease Activity.
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Fiscal and Policy Implications
N/A
Options
Option Results
• Adopt the Resolution Compliance with MLMC 8.14, Nuisances by
abating the existing nuisance at 1244 S Division St
• Take no action. Non-Compliance with MLMC 8.14, Nuisances
Staff Recommendation
Staff recommends that City Council consider the abating the existing nuisance at 8729 NE Vince
Road and adopt the Resolution as presented.
Attachments
A. Resolution
B. Enforcement case file to include: enforcement letters, photographs, certified letter documentation, and hearing
notification.
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Resolution Nuisance Abatement June 19, 2019
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RESOLUTION NO. 3771 A RESOLUTION DETERMINING THAT FELIPE DIAZ IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the
City, a person authorized to enforce the ordinances and municipal code of the City, that the
real property located at 8729 NE Vince Road (Lot 12 Block 1 Gateway Estates Div #2 Replat), Parcel #091510212, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030.U. The records of Grant County
show the owners of the subject property to be Felipe Diaz, 612 L Street SW, Quincy, WA. 98848. 2. Notice. On May 14, 2019, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On June 11, 2019, the Code Enforcement Officer caused to be delivered to Felipe Diaz a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of June 25, 2019. Such notice was in writing, in the English language
and was delivered by certified mail and regular mail to the record owner of the subject property.
3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030.U – Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. 3.2 Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12”) in height measured above the ground. a. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the
safety of persons or adjoining property. b. All maintenance shall be done in a manner so that soil stability will not be disrupted
or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a
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soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping is
implemented immediately. 3.3 Compliance shall be required as follows: a. Property with no sidewalk/activity trail or residential dwelling on the property shall be exempt. b. Property with sidewalk/activity trail but no residential dwelling on the property shall be required to control the vegetation ten feet (10’) from the back of the sidewalk/activity trail.
c. Property with sidewalk/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property.
4. Hearing. On June 25, 2019 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is
responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. 5. Evidence: 5.1. The following persons testified under oath: Rick Rodriguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: EXHIBIT #1: Pictures taken by Code Enforcement Officer of the property located at 8729 NE Vince Road.
EXHIBIT #2: Notice to Correct dated April 29, 2019 from the Code Enforcement Officer addressed to Felipe Diaz.
EXHIBIT #3: Notice of Violation and Order to Cease Activity dated May 14, 2019 from the Code Enforcement Officer addressed to Felipe Diaz. EXHIBIT #4: Letter dated June 11, 2019, from the Code Enforcement Officer to Felipe Diaz advising the property owner of the hearing regarding abatement of property, scheduled for June 25, 2019. 6. Resolved: 6.1 A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 8729 NE Vince Road, Moses Lake, Washington. Felipe Diaz is the record contract owner of the subject property per the records of Grant County.
6.2 The public nuisance located upon the subject property consists of: 6.2.1. Grasses and weeds measuring greater than twelve (12) inches in height.
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6.3 The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values.
6.4. Felipe Diaz, the record contract owner, has fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 6.4.1 Trim/cut the grasses and weeds down to measure less than twelve (12) inches in
height. 6.5 City staff shall provide a status report to City Council on the progress of the record contract owner and occupant to make the cleanup required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection.
6.6 A copy of this resolution shall be provided to the record contract owner by certified and regular mail after its approval by the City Council.
Adopted by the City Council of Moses Lake, WA on June 25, 2019.
___________________________________ Karen Liebrecht, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk
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STAFF REPORT
To: City Council
From: Kevin Fuhr, Interim City Manager
Date: June 17, 2019
Proceeding Type: New Business
Subject: Tactical Response Vehicle (Bearcat) Purchase
Legislative History:
• First Presentation: June 11, 2019
• Second Presentation:
• Action: Motion
Staff Report Summary
The Moses Lake Police Department received a grant from the Paul Lauzier Foundation in the
amount of $180,000 to purchase a used armored tactical response vehicle to be used by the
Moses Lake Tactical Response Team. The vehicle is being purchased from Lenco Armored
Vehicles.
Background
For several years, the Moses Lake TRT has used old military surplus vehicles during operations. A
few years ago, the Grant County Sheriff’s Office obtained a used military vehicle that was in
operation until last year when it caught on fire and destroyed. The team currently does not have
any armored vehicles that can be used during operations.
Fiscal and Policy Implications
The Paul Lauzier Foundation awarded a grant in the amount of $180,000 to be paid in three
installments over the next 3 years. The first check for $60,000 has already been received. The
second installment will be paid at the start of 2020 and the last installment made in 2021. The
Moses Lake Police Department will pay for the vehicle when it is ready for pick up in early 2020
through the department’s High Crimes account and the grant money will be deposited back into
that account as a reimbursement.
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Options
Option Results
• Accept quote for purchase Allow City Manager to sign the quote and
make the purchase
• Take no action. Return the grant money to the Lauzier
Foundation.
Staff Recommendation
Staff recommends authorization to sign quote and purchase vehicle.
Attachments
A. Quote for Armored Vehicle
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Quote Armored Vehicle June 18, 2019
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Quotation 17727
Quotation Date:June 14, 2019
10 Betnr Industrial Drive – Pittsfield, MA 01201 Lenco Tax ID#:04-2719777PH (413) 443-7359 – FAX (413) 445-7865
CUST#: MOLWA F.O.B.: Moses Lake, WA
Ship Via: Common Carrier
Moses Lake Police Department Payment Terms: Net 30 Days
411 S Balsam St. Estimated Completion:
Moses Lake, WA 98837
Item:Net Price
Lenco BearCat (4WD, Rotating Hatch; Counter Balanced)$196,670.00
Used G3, 2008 Model Year w/Diesel Engine & Run Flats (subject to availability)
NIJ IV & Multi-hit .50 CAL BMG Armor Protection
Paint Color: CARC Tan #33446
LED Lights Front/Rear: Red & Blue
Included Options:
Rear Auxiliary AC/Heating System
Backup Camera with Monitor
Hydraulic Ram Upgrade with Front Mounted Reiver and Ram Post and Plate
Wrap Around Bumpers
$196,670.00
$12,750.00
$209,420.00
Specifications Subject to Change PROPRIETARY
ACCEPTANCE OF PROPOSAL – The above prices are satisfactory and are hereby
accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
Authorized
Signature: _____________________________________________
Authorized
Signature:
Please sign and return
Terms and Conditions: 1) Transfer of Vehicle Certificate of Origin to New Owner Done Upon Receipt of Payment in Full. 2) Lenco Does Not Collect Tax or
Register Vehicles with DMV. 3) Cooperative Purchasing available under Lenco's GSA Contract# GS-07F-169DA (Schedule 84) or the 1122 Program. 4)
Acceptance of this Quotation or entering into a purchase agreement with Lenco, the purchaser agrees to Lenco's full Terms and Conditions of Sale, available upon request.
240 days ARO (Est.)
WARNING: Information Subject to Export Control LawsThe technical data in this document is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C., App. 2401 et seq. and which may not be exported, released or disclosed to non-U.S. persons (i.e. persons who are not U.S. citizens or lawful permanent residents [“green card” holders]) inside or outside the United States, without first obtaining an export license. Violations of these export laws are subject to severe civil, criminal and administrative penalties.THE WRITTEN APPROVAL OF THE DIRECTORATE OF US DEFENSE TRADE CONTROLS AND LENCO INDUSTRIES, INC. MUST BE OBTAINED BEFORE RESELLING, TRANSFERRING, TRANSSHIPING, OR DISPOSING OF A DEFENSE ARTICLE TO ANY END USER, END USE OR DESTINATION OTHER THAN AS STATED ON THIS LENCO QUOTE OR THE SHIPPER’S EXPORT DECLARATION IN CASES WHERE AN EXEMPTION IS CLAIMED UNDER THIS SUBCHAPTER ITAR 123.9(A).WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION IS VALID FOR 30 DAYS. THEREAFTER, IT IS SUBJECT TO CHANGE WITHOUT NOTICE.
Inspection & Acceptance: At Lenco's Facility, Pittsfield, MA
Thank You
LENCO INDUSTRIES, INC.
James J. Massery
James J. Massery
Shipping and Handling, FOB Moses Lake, WA
Total Cost of (1) Lenco BearCat FOB Moses Lake, WA
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STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Cindy Jensen, Finance Director
Date: June 21, 2019
Proceeding Type: New Business
Subject: Contract to Prepare Solid Waste Collection RFP
Legislative History:
• First Presentation: June 25, 2019
• Second Presentation: July 9, 2019
• Requested Action: Consider Motion on July 9
Staff Report Summary
Before the RFP process started, our current hauler, Lakeside Disposal, presented a draft proposal. A
Council sub-committee was tasked with reviewing the draft proposal and requested that we also
entertain a proposal from the local hauler Consolidated Disposal Services, Inc. (CDSI). To ensure a
fair and equitable process, we are proposing to contract with a subject matter expert to prepare
the documentation for a limited Request for Proposal (RFP) for solid waste collection services.
Background
Our current hauling contract with Lakeside Disposal expires in August 2020. Because of the long lead
times necessary to implement a solid waste collection system, last fall the City was researching the
possibility of contracting with a subject matter expert to prepare an RFP for solid waste collection.
Council had expressed an interest in going out to bid for a hauler because the Lakeside Disposal
contract was originally effective in 2003, and we have executed five amendments to the contract that
currently runs through 2020. Last September 11, 2018, staff presented Council with a proposal from
Bell & Associates, the consultant who had prepared the cost of service study, for preparing a “full
scope” RFP. The estimate of cost for the consultant in the amount of $22,000 was included in the
2019 budget based on Council direction at the time.
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The sub-committee met with Staff and Lakeside Disposal personnel on February 22. At the conclusion
of that meeting, the sub-committee’s recommendation was to ask the local hauler, CDSI, for a
proposal too.
The decision to consider proposals from more than one hauler created the need to standardize a
process. This will include documenting the services we are asking the hauler to provide, and
developing criterion to compare the results (which will include estimating the cost of the basic service
proposal, as well as the “soft” issues such as customer service). Without an adequate evaluation
process, we would not have a solid basis to make a recommendation.
Fiscal and Policy Implications
The 2019 Sanitation budget includes $22,000 for a consultant to manage the solid waste
collection RFP process. The balance of $9,000 would be included in the 2020 budget.
Options
Option Results
• Move to award a contract with Bell
and Associates to prepare a solid waste
collection RFP
1st Presentation, no motion required
• Modify the Bell and Associates
Contract
Provide staff with specific changes
• Take no action Consider amending the contract with Lakeside
Disposal without entertaining a competitive
process
Staff Recommendation – Second Presentation on July 9
Staff recommends accepting the proposal from Bell and Associates to manage an RFP process for
solid waste collection services, in the not to exceed amount of $31,000.
Attachments
A. Draft scope of work for contract with Bell & Associates
Legal Review --N/A
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PROJECT PHASE 1 – June 2019 to November 2019
Task 1.1 – Review solid waste plan, City ordinances, existing contracts, submitted bids from both
haulers, and gather background information
The Consultant will identify major policy and program issues requiring clarification and City direction,
with attention to technical, economic and financial, and reporting.
Note: With the short turn around, a decision on the service changes and/or additions needs to be
made quickly by either City staff or City staff / key City Council members.
Completion by Monday, July 31
Task 1.2 – Develop service specifications and proposal packets
Based on the City’s current customer counts of residential and commercial customers and the life of
the proposed contract, we will draft the RFP for distribution to Lakeside and Consolidated. The
consultant will estimate the total value of the contract to be awarded. We will draft the RFP and assist
the City Attorney with updating / drafting of the collection agreement.
Task 1.3: Solicit input from City Council
Consultant and City staff / City attorney will meet with Council to review the Draft RFP and amend as
directed.
Completion by August 31, 2019
Task 1.4: Issue Request for Proposal
The consultant will finalize the RFP for distribution to Lakeside Disposal and Recycling and
Consolidated Disposal Services.
Completion by September 17, 2019
Tasks 1.5: Follow up on hauler questions / Issue addenda
We will assist City staff in responding to questions originating from the RFP and assist in writing an
addendum to the RFP to formally respond to all questions raised in writing. Proposals to the RFP
should be submitted by the haulers no later than October 31, 2019.
Completion by November 15, 2019
PROJECT PHASE 2 – December 2019 to February 2020
Task 2.1: Proposals Evaluation and Recommendation
The Consultant will review the technical proposals and first determine if there are any non-responsive
proposals to the requirements of the RFP. We will identify any issues that may require clarifications
from the proposers. We will review the cost proposals and identify any issues requiring clarification
from the proposers.
The Consultant will summarize its findings and recommendations to City staff, including any
implications of options proposed, or exceptions taken to the draft agreement. The Consultant will
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draft a memo for City staff to circulate draft recommendations to the Evaluation Committee, for their
information.
Task 2.2: Negotiate Collection Contract(s)
The Consultant will evaluate and recommend how to respond to options and exceptions to the
agreement that may be proposed, considering the City’s priorities in designing the RFP and ranking
the proposals.
Task 2.3: Assist and Execute Contract Agreement
The Consultant will assist City legal counsel with the preparation of the final draft agreement for
review by City staff, then the proposer. The Consultant involvement in the final agreement
negotiations will be focused on substantive clauses affecting the services provided and the structure
of the business deal.
A comprehensive plan that will be submitted by the successful proposer will list specific tasks and
their expected completion dates. The Consultant will assist the City and service provider(s) in the
transition to the current system as directed by the City. The proposers will be required to address how
the various services / changes will be met in their proposals. We will review the service providers
detailed Transition Plan and schedule that should be a component of the agreement.
Project Schedule
Task Task Description Budget Completion Date
1.1 Review background information $2,480 July 2019
1.2 Develop service specs and RFP packages $6,200 August 2019
1.3 Provide status update to City Council $3,100 August 2019
1.4 Issue Draft RFP to Industry / Update RFP $4,650 September 2019
1.5 Issue RFP $4,650 September 2019
Total Phase 1 $21,080
2.1 Proposal Evaluation / Select Service Provider $4,650 January 2019
2.2 Negotiate Contract $1,860 January 2020
2.3 Assist and Execute Agreement $1,860 February 2020
System Implementation $1,550 August 2020
Total Phase 2 $9,920
Project Budget per Fiscal Year
Phase Amount Hours
Project Cost in 2019 – Phase 1 $21,080 136
Project Cost in 2020 – Phase 2 $9,920 64
Totals $31,000 200
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