2018 1009 Council Agenda Packet______________________________________________________________________________________________
Moses Lake City Council
Karen Liebrecht, Mayor | David Curnel, Deputy Mayor | Mike Riggs, Council Member | Don Myers, Council Member
Daryl Jackson, Council Member | Ryann Leonard, Council Member| Dean Hankins, Council Member
Regular Meeting Agenda
October 9, 2018 at 7:00 p.m.
Call to Order – 7:00 p.m.
Roll Call
Pledge of Allegiance
Summary Reports:
Mayor’s Report
Additional Business
City Manager’s Report
Citizen’s Communications – Identification
Citizens who would like to address the Council must complete one of the blue speaker request cards and submit it to the
City Clerk. There is a (5) minute time limit per speaker.
Consent Agenda Motion
All items listed below are considered to be routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for
discussion prior to the time Council votes on the motion to adopt the Consent Agenda.
#1 a.City Council Meeting Minutes dated September 25th
b.Bills and Checks Issued
c.Accept Street Light Rehab Bid Opening
d.Larson Rec Center Architecture Contract
e.Surplus Generator Resolution 3744
Old Business
#2 City Business Logo MLMC 1.16 Ordinance 2909 ‐ 2nd Presentation Motion
Presented by John Williams, City Manager
Summary: Council to review and adopt ordinance as presented
New Business
#3 Business License Amendment MLMC 5.04 – 1st Presentation
Presented by Cindy Jensen, Finance Director
Summary: Council to discuss and advise staff on how to proceed
Administrative Reports
Council Communications and Reports
Adjournment
MOSES LAKE CITY COUNCIL
September 25, 2018
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 7:00 p.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake,
Washington.
ROLL CALL
Present: Mayor Liebrecht, Deputy Mayor Curnel; Council Members Jackson, Myers, Leonard, Riggs, and Hankins.
PLEDGE OF ALLEGIANCE
Jessica Morrison led the Council in the Pledge of Allegiance.
SUMMARY REPORTS:
MAYOR’S REPORT
Grassroots Summit Visitors Tour The Mayor joined seven visitors from Tokyo, Japan for a tour of city facilities last week. They were here as part of the Japan-America Society conference based in Seattle this year.
National Suicide Prevention Awareness Month Mayor Liebrecht presented a Proclamation to Community Coalition Specialist Bernadette Crawford on behalf of Grant Integrated Services in support of their efforts to reduce the stigma and advocate for education on suicide awareness to save lives in the community.
K-9 Fundraiser RecognitionPolice Chief Kevin Fuhr presented a plaque to 9-year old Kenna Morrison for raising $20,275 toward the goal of a second K-9 Unit. He also presented her with gift cards from Silverwood, TriplePlay Family Fun Park, Subway, and Blue Palm Frozen Yogurt.
Council Member Leonard read the Mayor’s recognition Proclamation and presented
Kenna with a 2019 family pass to the Surf ‘n Slide Water Park.
CITY MANAGER’S REPORT
Police Lip Sync Video Challenge
The department answered the challenge to produce a lip sync video with the assistance of
a few volunteer videographers. Over 100 participants showed up for the segment recorded at McCosh Park, and other location shoots at the Police Department, Hospital, and Neppel Landing. Police Chief Kevin Fuhr presented recognition plaques to Heather Gessele, Jonda Spurbeck, Ekko Nash, and (not in attendance) Corby Ashton, for their
hard work and artistry which strengthened the relationship between the department and
the community.
Moses Lake School District SRO Interlocal Agreement Staff presented a plan earlier this year to add two additional School Resource Officers in
addition to partial cost recovery for new police vehicles.
CITY COUNCIL MINUTES – September 25, 2018
pg. 2
Action taken: Council Member Leonard moved to authorize the City Manager to execute the MLSD SRO Interlocal Agreement, second by Deputy Mayor Curnel. The motion carried 7 – 0.
Police Officer Positions One Lateral and one entry level officer are in the final steps of the hiring process. Vehicle Purchases
The cost to repair one of the older Prius’ exceeds the vehicle value. There are unexpended funds in the current year’s budget that would cover a replacement, as well as a new vehicle to accommodate the addition of Community Development staff. The funds will used to purchase two 2018 Toyota Camrys at $22k.
Action taken: Council Member Hankins moved to authorize the City Manager to authorize the purchase of the Toyota Camrys, second by Council Member Riggs. The motion carried 7 – 0. CONSENT AGENDA
#1 a. City Council meeting minutes September 11, 2018 as amended.
b. Claims in the amount of $383,552.41; prepaid claim checks in the amount of $73,781.15; claim checks in the amount of $1,922,452.44; and payroll checks in the amount of $426,375.42. c. Accept 2017 Sidewalk and Ramp Repair Project. d. Award Grand Drive Construction Bid.
e. Authorize DNR Waiver Resolution 3740. f. Parkview PUD Final Major Plat. Action taken: Deputy Mayor Curnel moved to approve the Consent Agenda with one change, second by Council Member Leonard. The motion carried 7 – 0.
OLD BUSINESS
#2 MLMC 13.08 Water and Sewer Connection Amendment Ordinance 2908 First presentation of the draft ordinance occurred on September 11th. The Ordinance removes assessments to DNR in consideration of Kittelson Road Easements.
Action taken: Council Member Jackson moved to adopt Ordinance 2908 as written, second by Council Member Myers. The motion carried 7 – 0. NEW BUSINESS 1 OF 2 #3 City Business Logo MLMC 1.16 Amendment The amendment will add a new logo design for official city business and move the existing logo designs to the alternate city logo section of the Code. 1st presentation of the ordinance. No action taken.
#4 Nelson Business Park Final Short Plat Deferral The current owner has requested a deferral of Park in lieu fee and Water Rights fee. The
CITY COUNCIL MINUTES – September 25, 2018
pg. 3
request was made due to the varying range of costs that are dependent on the type of development, as well as the potential approval of a Conditional Use Permit from future
owners.
Action taken: Council Member Leonard moved to have staff draft the necessary documents to approve the requested deferrals at the next meeting, second by Council Member Jackson. The motion carried 7 – 0. #5 Surplus Property Resolutions 3741 and 3742 The subject properties are no longer needed for municipal purposes as initially intended when the property was purchased and deeded to the City. The properties can be disposed of and sold in a commercially reasonable manner. Resolution 3742 was amended to strike ‘to be inserted at meeting’ – there is no number to reference.
Action taken: Council Member Leonard moved to adopt Resolution 3741 as presented, second by Council Member Deputy Mayor Curnel. The motion carried 7 – 0. Action taken: Council Member Hankins moved to adopt Resolution 3742 as amended, second by Council Member Riggs. The motion carried 7 – 0.
EXECUTIVE SESSION
Mayor Liebrecht called an Executive Session at 8:08 p.m. to be held for 10 minutes pursuant to RCW 42.30.110(1)(c) to consider the minimum price at which real estate will be offered for sale with action to follow. The meeting reconvened at 8:19 p.m.
NEW BUSINESS 2 OF 2
Purchase and Sale Agreements Sale of surplus property approved by Resolutions 3741 and 3742.
Action taken: Deputy Mayor Curnel moved to authorize the City Manager to sign and execute all documents to complete the purchase and sale agreements as discussed in Executive Session, second by Council Member Hankins. The motion carried 7 – 0. ADMINISTRATIVE REPORTS
Police Chief Kevin Fuhr advised that the new RedFlex cameras have been installed and will be in service this Friday. Deputy City Manager / Community Development Director Gil Alvarado received direction from
Council to draft minimal regulations on size and materials for non-commercial signs in
community spaces, as well as an Option B to eliminate them entirely. City Manager Williams advised that staff is working on the request from members in attendance at the last AGCCT meeting to coordinate a regional meeting with the Grant County
Commissioners regarding cryptocurrency business.
CITY COUNCIL MINUTES – September 25, 2018
pg. 4
COUNCIL COMMUNICATIONS AND REPORTS – no action taken.
ADJOURNMENT
The regular meeting was adjourned at 9:05 p.m.
______________________________________ Karen Liebrecht, Mayor
ATTEST____________________________________ Debbie Burke, City Clerk
Page 1 of 2
CITY OF MOSES LAKE
STAFF REPORT
To: John Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: October 3, 2018
Proceeding Type: Consent Agenda
Subject: Award 2018 Street Light Rehab – Owen, Westover, Loring
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
October 9, 2018
Motion
Staff Report Summary
On October 3rd , staff opened bids for the 2018 Street Light Rehab – Owen, Westover, Loring. The
City received three (3) bids for the work. The low bid was $72,048.56 and the Engineer’s Estimate
was $82,047.90.
Background
The 2018 budget includes money for completing these improvements. This project includes
retrofitting an existing metered street light system on Owen Road, Loring Drive, and Westover
Boulevard that is maintained by the City of Moses Lake, into a non-metered street light system
that will be owned and maintained by Grant County PUD.
The City has had good success working with Neppel Electrical & Controls, Inc. out of Moses Lake in
the past.
Page 2 of 2
Fiscal and Policy Implications
The project will require budgeted funds to be spent.
Options
Option Results
•Award the project to the lowest
bidder
Staff will move forward with executing a
contract with the low bidder to complete the
work.
•Take no action Staff will stop working on this project and wait
for further direction from City council.
Staff Recommendation
Staff recommends accepting the bid for the 2018 Street Light Rehab – Owen, Westover, Loring
Project from Neppel Electrical & Controls, Inc. in the amount of $72,048.56.
Attachments
A. Bid Summary
Legal Review
N-A
PROJECT NAME: STREET LIGHT REHAB - 2018PROJECT NUMBER: A-813Schedule A: ENGINEERS ESTIMATEAPPROX.ITEM ITEM DESCRIPTION SECTION QUANTITY UNITUNIT PRICE AMOUNTUNIT PRICE AMOUNTUNIT PRICE AMOUNTUNIT PRICE AMOUNT1 Junction Box 8-20.5 74 EA $650.00 $48,100.00 $475.00 $35,150.00 $510.00 $37,740.00 $825.00 $61,050.002 Hancor Pipe, 2-FT Diam 8-20.5 24 LF $400.00 $9,600.00 $283.33 $6,799.92 $285.00 $6,840.00 $187.00 $4,488.003 Salvage Pole 8-20.5 26 EA $700.00 $18,200.00 $950.00 $24,700.00 $1,063.00 $27,638.00 $690.00 $17,940.00Subtotal Schedule A $75,900.00 $66,649.92 $72,218.00 $83,478.00Sales Tax 8.1% $6,147.90 $5,398.64 $5,849.66 $6,761.72Total Schedule A $82,047.90 $72,048.56 $78,067.66 $90,239.72Neppel Electrical & ControlsMoses Lake, WAColvico, Inc.Spokane, WATransportation SystemsSumner, WA
Page 1 of 2
CITY OF MOSES LAKE
STAFF REPORT
To: John Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: October 2, 2018
Proceeding Type: Consent Agenda
Subject: Request To Award Larson Recreation Center Rebuild
Architectural Contract
Legislative History:
•First Presentation:
•Second Presentation:
•Requested Action:
October 9, 2018
Motion
Staff Report Summary
Staff has received a proposal for architectural services to design the new Parks and Recreation
building to replace the existing Larson Recreation Center and the Learning Center. The Driftmier
Architects, PS submitted a proposal not to exceed $451,249 for a 12,000 square foot building.
Background
Following the presentation of the study to upgrade the existing building, Council directed staff to
proceed with designing a building to replace the existing Larson Rec Center and the existing
Learning Center with The Driftmier Architects, PS. We have received and agree with the proposal
from them and request to sign the consultant agreement. Design can then proceed. We have 24
months to complete the project before we lose the use of the existing Learning Center.
Page 2 of 2
Fiscal and Policy Implications
The project will require funds to be spent.
Options
Option Results
• Award the Larson Recreation Center
Rebuild Architectural Contract
Staff will move forward with executing a
contract beginning design work
• Take no action Staff will stop working on this project and wait
for further direction from City Council.
Staff Recommendation
Staff recommends authorizing the City Manager to executive an agreement with The Driftmier
Architects, PS in the not to exceed amount of $451,249.
Attachments
A. Time and Fee Estimate
Legal Review
N-A
City of Moses Lake
Larson Recreation Center Rebuild
Date:08/31/18
By: LRD
Proj. No.: 21810.20
Task Description Est. Hours Staff Staff Hours Rate $/hr.Fee
I PROGRAMMING AND PROJECT MANAGEMENT 230 Principal 76 $150 $11,400
Proj. Mgr 84 $140 $11,760
Designer 40 $95 $3,800
Drafter 30 $80 $2,400
Subtotals 230 $29,360
II SITE EVALUATION 30 Principal 2 $150 $300
Proj. Mgr 8 $140 $1,120
Designer 10 $95 $950
Drafter 10 $80 $800
Subtotals 30 $3,170
III SCHEMATIC DESIGN 260 Principal 60 $150 $9,000
Proj. Mgr 100 $140 $14,000
Designer 50 $95 $4,750
Drafter 50 $80 $4,000
Subtotals 260 $31,750
IV DESIGN DEVELOPMENT 400 Principal 60 $150 $9,000
Proj. Mgr 120 $140 $16,800
Designer 120 $95 $11,400
Drafter 100 $80 $8,000
Subtotals 400 $45,200
V CONSTRUCTION DOCUMENTS 670 Principal 100 $150 $15,000
Proj. Mgr 180 $140 $25,200
Designer 240 $95 $22,800
Drafter 150 $80 $12,000
Subtotals 670 $75,000
VI PERMITTING 70 Principal 10 $150 $1,500
Proj. Mgr 30 $140 $4,200
Designer 30 $95 $2,850
Drafter 0 $80 $0
Subtotals 70 $8,550
VII BIDDING 140 Principal 20 $150 $3,000
Proj. Mgr 60 $140 $8,400
Designer 40 $95 $3,800
Drafter 20 $80 $1,600
Subtotals 140 $16,800
VIII CONSTRUCTION ADMINISTRATION 700 Principal 60 $150 $9,000
Proj. Mgr 270 $140 $37,800
Designer 270 $95 $25,650
Drafter 100 $80 $8,000
Subtotals 700 $80,450
SUBTOTAL ARCH. LABOR 2500 2500 $290,280
REIMB. EXPENSE ESTIMATE 5%$14,514
SUBCONSULTANTS $133,141 $13,314 $146,455
Structural (AUE)$54,500
Mechanical, Electrical, Plumbing (Rensch)$52,600
Landscaping (Van De Vanter Group) $6,671
Cost Estimate Consultant (Wool-Zee Company, Inc.)$6,000
Civil Engineering (Erlandsen)$13,370
GRAND TOTAL DESIGN FEES $451,249
EXHIBIT B - TIME AND FEE ESTIMATE
NOTE: All hours and expenses are estimated, and may be increased or decreased within the total budget limit at the discretion of
Driftmier's project manager. The Driftmier project manager may transfer budget from estimated expenses to labor and vice versa, as
the project manager may determine as appropriate. Work will be billed on a time and expense basis, subject to the limit of the not-to-
exceed Grand Total Design Fees.
Plus 10% Markup
Page 1 of 2
CITY OF MOSES LAKE
STAFF REPORT
To: John Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: October 2, 2018
Proceeding Type: Consent Agenda
Subject: Resolution to declare Police/Parks generator and appurtenances
surplus
Legislative History:
• First Presentation:
• Second Presentation:
October 9, 2018
• Requested Action: Consideration to adopt resolution
Staff Report Summary
The Police/Parks generator provides necessary back-up power for the Police Department. The
generator is scheduled for replacement in 2018.
Background
The generator is in need of replacement to reduce maintenance costs and to provide assurance
of emergency power during emergencies.
Fiscal and Policy Implications
The generator and equipment will be salvaged to the contractor as part of the quoted work,
eliminating its storage and operations, and likely reducing the cost of replacement.
Page 2 of 2
Options
Option Results
•Move to adopt the Resolution as
presented
Generator and associated equipment will be
salvaged to contractor.
•Take no action The equipment will not be declared surplus
and the generator and equipment will be
stored at the operations complex.
Staff Recommendation
Staff recommends the City Council adopt the Resolution as presented.
Attachment
A. Resolution
Legal Review
N-A
RESOLUTION NO. 3744
A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY
SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THE
MUNICIPAL SERVICES DIRECTOR TO DISPOSE OF THE
SURPLUS PROPERTY IN A COMMERCIALLY REASONABLE
MANNER
Recitals:
1. The City currently owns certain personal property that was originally acquired for municipal purposes and that has been determined by the Municipal Services Director to be no longer required for providing continued municipal service.
Resolved:
1. The items of personal property on the attached Exhibit A, which were originally
acquired for municipal purposes, are no longer required for providing continued municipal service and are hereby declared to be surplus to the City's needs. 2. The Municipal Services Director is authorized and directed to sell, convey, or dispose of
the property described on Exhibit A in any commercially reasonable manner of his
choosing, as long as the City receives in return for each item sold, no less than fair market value. Every sale made pursuant to this resolution shall be on an "as is" basis and shall include an express disclaimer by the City of any and all warranties or liability. The proceeds of each sale shall be applied to the fund from which the disbursements were
made in order to originally acquire the property when new.
Adopted by the City Council of the City of Moses Lake, Washington, this 9th day of October,
2018.
____________________________________
Karen Liebrecht, Mayor ATTEST: _______________________________________
Debbie Burke, City Clerk
Exhibit A Police/Parks Generator and Appurtenances Surplus
Generator, ONAN Serial #8780300008
Transfer Switch, Serial #B780300368 Annunciator Diesel Fuel Tank
CITY OF MOSES LAKE
STAFF REPORT
To: Mayor and Council
From: John Williams, City Manager
Date: October 4, 2018
Proceeding Type: New Business
Subject: Amend City Business Logo MLMC 1.16
Legislative History:
•First Presentation: September 25, 2018
•Second Presentation: October 9, 2018
•Requested Action: Motion
Staff Report Summary
The draft ordinance will move the existing business logos to the alternate logo section in the
Code and establish a modified version of the 80th Anniversary as the official business logo.
Background
A local community college graphic arts program volunteered to create options for a logo to be
used for the celebration of the city’s 80th Anniversary of incorporation. Two students submitted
artwork with viable options that were representative of the city. The final rendering is one of the
student’s artwork that has been modified by a professional graphic artist for a nominal fee.
Fiscal and Policy Implications
N-A
Page 1 of 2
Page 2 of 2
Options
Option Results
• Move to adopt the ordinance as
presented
MLMC 1.16 will be updated
• Modify the draft ordinance Provide staff with specific changes
• Take no action The modification of the 80th Anniversary Logo
will not be used for city business
Staff Recommendation
Staff recommends City Council adopt the Ordinance as presented.
Attachments
A. Draft Ordinance
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
Ordinance City Business Logo Amendment September 25, 2018
ORDINANCE NO. 2909
AN ORDINANCE AMENDING THE MOSES LAKE MUNICIPAL CODE SUBSECTIONS 1.16.020 AND 1.16.030 TITLED “FORM OF OFFICIAL CITY BUSINESS LOGO” AND “FORMS OF ALTERNATE CITY LOGO”
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS: Section 1. Subsection 1.16.020 of the MLMC titled “Form of Official City Business Logo” is amended as follows:
1.16.020 Forms of Official City Business Logo:
(Prior business logos are moved to alternate logo section 1.16.030)
The official city business logos depicted above are stylized portrayals is a circular
design that includes of the sun, dunes, and water. The words “City of Moses Lake”, or “Moses Lake” and/or the inclusion of the words “Jump In” are integrated into the design. This city logo is registered and trademarked for exclusive use by the Cityshall be used by the City of Moses Lake and its departments only in their official capacity
and shall not be used by others.
Section 2. Subsection 1.16.030 of the MLMC titled “Form of Alternate Official City Logo” is amended as follows:
1.16.030 Forms of Alternate Official City Logo:
The alternate official city logos depicted above are 1) a stylized portrayal of the lake and a heron lifting from the lake; and 2) a stylized portrayal of the sun, water (lake), earth (sand), and sky; or 3) stylized portrayal of the sun and water. The words “City of Moses Lake”, “Moses Lake”, and/or the inclusion of “Jump In” are integrated into
the design of alternate logo. These alternate city logos shall be used by the City of
Moses Lake and its departments only in their official capacity and shall not be used by others. Existing authorized uses may continue as currently placed until such time that it becomes financially feasible or prudent to replace, repaint, or remove them.
Section 3. Severability. If any section of this ordinance is found to be unconstitutional or invalid
as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days after its
passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on October
9, 2018.
_____________________________________
Karen Liebrecht, Mayor
ATTEST:
_______________________________________
Debbie Burke, City Clerk APPROVED AS TO FORM:
_______________________________________ Katherine L. Kenison, City Attorney
Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye
Nay
Abstain Absent
Date Published: October 15, 2018 Date Effective: October 20, 2018
Page 1 of 2
CITY OF MOSES LAKE
STAFF REPORT
To: John Williams, City Manager
From: Cindy Jensen, Finance Director
Date: October 4, 2018
Proceeding Type: New Business
Subject: Ordinance to amend MLMC Title 5 Business Licenses
Legislative History:
• First Presentation: October 9, 2018
• Second Presentation: October 23, 2018
• Action: Consideration
Staff Report Summary
Attached is a draft ordinance updating our Code to comply with the newest legislative
requirements regarding business licensing. The only amendments required at this time deal with
the definitions and exemptions to bring our Code in line with the model ordinance developed by
the State Department of Revenue (DOR), in conjunction with the Association of Washington
Cities (AWC), and the Municipal Research and Services Center (MRSC).
Background
For several years, DOR has been researching how to simplify the administration of municipal
general business license for an applicant and improve the business climate. This led to the
passage of EHB 2005 in 2017. The basic premise of the law is that the State will become a “one-
stop-shop” for business licensing, and DOR will collect the local business licenses and submit it to
the municipalities.
The municipalities were tasked with creating a “model ordinance” for business licensing, and that
was completed in June 2018. RCW 35.90.080 requires that “a city that imposes a general
business license requirement must adopt the mandatory provisions of the model ordinance by
January 1, 2019”. The mandatory provisions include a definition of “engaging in business within
the city” that sets forth when a general business license is required; and a uniform minimum
licensing threshold. The attached ordinance makes changes so that the City of Moses Lake’s
regulation is in compliance with these provisions.
Page 2 of 2
We are on the DOR calendar to partner with Business Licensing Services in late spring of 2019.
There are several steps that we will need to go through to reach full implementation, and DOR
has committed to provide training for this program change. The advantage for the individual
businesses is to interact with one governmental agency (i.e. DOR) through a universal application
for business licensing.
Fiscal and Policy Implications
There are no fiscal implications as a result of this amendment.
Options
Option Results
• Approve the amendments The Code will comply with newest legislative
requirements.
• Take no action. The Code will not be in compliance with
legislative requirements. Beginning January 1,
2019, the City will be prohibited from enforcing
general business license requirements until it
adopts the model ordinance provisions set forth
in RCW 35.90.
Staff Recommendation
Staff recommends Council consider approving the amendments at the next Regular Council
Meeting.
Attachment
A. Ordinance amending MLMC Sections 5.04.015 and 5.04.090
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Ordinance
An Ordinance Amending Section
5.04.015 titled “Definitions” of the
Moses Lake Municipal Code
An Ordinance Amending Section
5.04.090 titled “Exemptions”
September 17, 2018
ORDINANCE – 1st Presentation
AN ORDINANCE OF THE CITY OF MOSES LAKE,
WASHINGTON, AMENDING CHAPTER 5.04 “LICENSING
REGULATIONS” OF THE MOSES LAKE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS
FOLLOWS:
Section 1. Amendment. Moses Lake Municipal Code Chapter 5.04 titled “Licensing Regulations”
is hereby amended to provide:
CHAPTER 5.04
LICENSING REGULATIONS
Sections:
5.04.010 Authority
5.04.015 Definitions
5.04.020 License Required
5.04.030 License - Contents
5.04.040 Application for New Business
5.04.050 Location Change
5.04.060 Term of License
5.04.070 Temporary Licenses
5.04.080 Fee Schedule
5.04.090 Certain Businesses Fee Exemptions
5.04.100 Payment of Fee - Time Limit
5.04.110 General Fund
5.04.120 Consent to Inspections and Searches
5.04.010 Authority: The provisions of this chapter shall be deemed an exercise of the authority
and power of the city to license, for the purposes of regulation and revenue, all and every kind of
business authorized by law and transacted and carried on within the corporate limits of the city,
as provided by RCW 35A.11.020 and 35.23.440.
5.04.015 Definitions: As used in this chapter, the following words shall have the meanings set
forth in this section:
(1) “Business, trade or profession” means any activity or venture carried on for profit
or held out as a service for fees whether paid in cash or by means of barter or
trade.
(2) “Engaging in business”
(a) The term “engaging in business” means commencing, conducting, or
continuing in business, and also the exercise of corporate or franchise
powers, as well as liquidating a business when the liquidators thereof hold
themselves out to the public as conducting such business.
(b) This section sets forth examples of activities that constitute engaging in
business in the City, and establishes safe harbors for certain of those
activities so that a person who meets the criteria may engage in de minimus
business activities in the City without having to pay a business license fee.
The activities listed in this section are illustrative only and are not intended
to narrow the definition of “engaging in business” in subsection (1). If an
activity is not listed, whether it constitutes engaging in business in the City
shall be determined by considering all the facts and circumstances and
applicable law.
(c) Without being all inclusive, any one of the following activities conducted
within the City by a person, or its employee, agent, representative,
independent contractor, broker or another acting on its behalf constitutes
engaging in business and requires a person to register and obtain a business
license.
(i) Owning, renting, leasing, maintaining, or having the right to use, or
using, tangible personal property, intangible personal property, or real
property permanently or temporarily located in the City.
(ii) Owning, renting, leasing, using, or maintaining, an office, place of
business, or other establishment in the City.
(iii) Soliciting sales.
(iv) Making repairs or providing maintenance or service to real or tangible
personal property, including warranty work and property
maintenance.
(v) Providing technical assistance or service, including quality control,
product inspections, warranty work, or similar services on or in
connection with tangible personal property sold by the person or on
its behalf.
(vi) Installing, constructing, or supervising installation or construction of,
real or tangible personal property.
(vii) Soliciting, negotiating, or approving franchise, license, or other
similar agreements.
(viii) Collecting current or delinquent accounts.
(ix) Picking up and transporting tangible personal property, solid waste,
construction debris, or excavated materials.
(x) Providing disinfecting and pest control services, employment and
labor pool services, home nursing care, janitorial services, appraising,
landscape architectural services, security system services, surveying,
and real estate services including the listing of homes and managing
real property.
(xi) Rendering professional services such as those provided by
accountants, architects, attorneys, auctioneers, consultants, engineers,
professional athletes, barbers, baseball clubs and other sports
organizations, chemists, consultants, psychologists, court reporters,
dentists, doctors, detectives, laboratory operators, teachers,
veterinarians.
(xii) Meeting with customers or potential customers, even when no sales or
orders are solicited at the meetings.
(xiii) Training or recruiting agents, representatives, independent
contractors, brokers or others, domiciled or operating on a job in the
City, acting on its behalf, or for customers or potential customers.
(xiv) Investigating, resolving, or otherwise assisting in resolving customer
complaints.
(xv) In-store stocking or manipulating products or goods, sold to and
owned by a customer, regardless of where sale and delivery of the
goods took place.
(xvi) Delivering goods in vehicles owned, rented, leased, used, or
maintained by the person or another acting on its behalf.
(d) If a person, or its employee, agent, representative, independent contractor,
broker or another acting on the person’s behalf, engages in no other
activities in or with the City but the following, it need not register and obtain
a business license.
(i) Meeting with suppliers of goods and services as a customer.
(ii) Meeting with government representatives in their official capacity,
other than those performing contracting or purchasing functions.
(iii) Attending meetings, such as board meetings, retreats, seminars, and
conferences, or other meetings wherein the person does not provide
training in connection with tangible personal property sold by the
person or on its behalf. This provision does not apply to any board of
director member or attendee engaging in business such as a member
of a board of directors who attends a board meeting.
(iv) Renting tangible or intangible property as a customer when the
property is not used in the City.
(v) Attending, but not participating in a “trade show” or “multiple vendor
events”. Persons participating at a trade show shall review the City’s
trade show or multiple vendor event ordinances.
(vi) Conducting advertising through the mail.
(vii) Soliciting sales by phone from a location outside the City.
(e) A seller located outside the City merely delivering goods into the City by
means of common carrier is not required to register and obtain a business
license, provided that it engages in no other business activities in the City.
Such activities do not include those in subsection (d).
The City expressly intends that engaging in business include any activity
sufficient to establish nexus for purposes of applying the license fee under the
law and the constitutions of the United States and the State of Washington. Nexus
is presumed to continue as long as the taxpayer benefits from the activity that
constituted the original nexus generating contact or subsequent contacts.))
(3) “Peddler” means any person whether a resident of the City of Moses Lake, or not,
traveling by foot, wagon, automobile vehicle or any other type of conveyance,
from place to place, from house to house, or from street to street, carrying,
conveying or transporting goods, wares, merchandise, meats, fish, vegetables,
fruits, garden truck, farm products or provisions, offering and exposing the same
for sale, or making sales and delivering articles to purchasers, or who, without
traveling from place to place, shall sell or offer the same for sale from a wagon,
automotive vehicle, railroad car or other vehicle or conveyance; and further
provided, that one who solicits orders and as a separate transaction makes
deliveries to purchasers as a part of a scheme or design to evade the provisions of
this chapter shall be deemed a peddler subject to the provisions of this chapter.
However, persons who regularly exhibit samples only for the purpose of securing
orders for future delivery only shall not be defined as a peddler. The word
“peddler” shall include the words “hawker” and “huckster”.
(4) “Person” means the singular and the plural and shall also mean and include any
person, firm or corporation, association, club, co-partnership, joint venture or
society or any other organization.
(5) “Transient merchant”, “itinerant merchant” or “itinerant vendor” means any
person, firm or corporation, whether as owner, agent, consignee or employee,
whether a resident of the city or not, who engages in a temporary business of
selling or delivering goods, wares and merchandise within the city, and who, in
the furtherance of such purpose hires, leases, uses or occupies any building,
structure, motor vehicle, tent, railroad boxcar, boat, public room in hotels,
lodging houses, apartments, shops or any street, alley, lot, yard or any other place
within the city, for the exhibition and sale of such goods, wares and merchandise,
either privately or at public auction; provided, that such definition shall not be
construed to include any person, firm or corporation who, while occupying such
temporary location, does not sell from stock, but exhibits samples only for the
purpose of securing orders for future delivery only. The person, firm or
corporation so engaged shall not be relieved from complying with the provisions
of this chapter merely by reason of associating temporarily with any local dealer,
trader, merchant or auctioneer, or by conducting such transient business in
connection with, as a part of, or in the name of any local dealer, trader, merchant
or auctioneer.
(6) “Transient business” or “itinerant business” means a business operated by a
transient merchant, itinerant merchant or itinerant vendor.
(7) “Bona fide charitable or nonprofit organization” means any tax exempt nonprofit
corporation, association, corporation, or organization recognized by the State of
Washington and Federal Government.
5.04.020 License Required: It is unlawful for any person, firm, corporation, or association to
engage in any kind of business, trade or profession authorized by law, which is not licensed as a
transient merchant, itinerant merchant, itinerant vendor, or the like by Moses Lake Municipal
Code 5.06, and for which a license is required, as provided in this chapter, within the city,
without first obtaining a license as provided for by this chapter. Any person, firm, corporation, or
association owning any rental units or mobile home spaces used for residential purposes which
have an on-site residential manager shall be required to obtain a business license. Any person,
firm, corporation, or association owning any transient living units, mini-storage units,
recreational vehicle spaces, or campground spaces shall be required to obtain a business license.
5.04.030 License - Contents: All licenses provided for in this chapter shall be issued by the
Finance Director upon paying to the Finance Director the proper license fee as provided in this
chapter. All licenses shall bear the name of the licensee, and shall designate the nature of the
business, trade, or profession operated by the licensee; and shall also designate the location
where the business, trade, or profession is carried on, the date of expiration of the license, the
date of the issuance of the license, and the amount paid for the license. Each licensee shall
conspicuously post such license in his place of business or office, and shall produce such license
for inspection if required to do so by any authorized city official.
5.04.040 Application For New Business: If the licensee is a new business, prior to the issuance
of the business license, the Finance Director shall submit the application therefor to the Fire
Chief and the Building Inspector of the city for approval of the location where the licensee is to
carry on the business, trade or profession, and the business license shall be issued only if the
location is in compliance with building and fire codes of the city as those codes relate to existing
and/or new structures.
5.04.050 Location Change: If an existing licensee desires to change the location of the business,
trade, or profession from the location designated on the business license, application must be
made to the Finance Director prior to the change in location and the Finance Director shall, prior
to the issuance of a new business license, submit the application therefor to the Fire Chief and
the Building Inspector of the city for approval of the new location where the licensee is to carry
on the business, trade, or profession, and the business license shall be issued only if the location
is in compliance with building and fire codes of the city as those codes relate to existing and/or
new structures. There shall be no additional business license fee assessed an existing business
changing its location, and the new business license issued shall carry the same expiration date.
5.04.060 Term of License: All licenses shall be for a period of one (1) year, unless otherwise
provided in this chapter; such license is to begin January first of each year and terminate the
following December thirty-first, and it must be renewed annually in advance. No license shall be
transferable. All licenses will be renewed through the Finance Director with payment of the
yearly fee.
5.04.070 Temporary Licenses:
A. Licenses issued for the following businesses by the Finance Director shall be
temporary and a permanent license shall not be issued by the Finance Director until the business
has been approved by the Grant County Health Department, which approval must be obtained
within thirty (30) days after the issuance of said temporary licenses:
1. Bakeries;
2. Cafes and restaurants;
3. Confectioneries;
4. Grocery stores;
5. Meat markets;
6. Produce stores (wholesale and retail)
7. Soda fountains;
8. Taverns;
9. Auto courts;
10. Cabin courts;
11. Hotels;
12. Trailer courts.
B. If at any time any of the businesses licensed in this section do not meet with
the approval of the Grant County Health Department, the license shall be revoked and
shall not be reissued until such business again meets with the approval of the Grant
County Health Department.
5.04.080 Fee Schedule: The business license fee shall be assessed in accordance with the
adopted fee schedule for the year, payable in advance, for each business, trade or profession,
conducted or carried on within the corporate limits of the city; provided, that tax exempt
nonprofit companies, associations, corporations, or copartnerships of whatever kind as defined
by the federal or state government, shall not be required to pay the business license fee, but,
nevertheless, shall obtain a business license, without fee, if conducting a business in order to
raise funds from members outside the organization. The full business license fee as assessed in
accordance with the adopted fee schedule shall be prorated over four (4) quarters, payable
between January 1 and March 31, three (3) quarters of total cost payable between April 1 and
June 30, two (2) quarters of total cost payable between July 1 and September 31, and one (1)
quarter of total cost payable between October 1 and December 31. The business license for tax
exempt nonprofit companies, associations, corporations, or copartnerships of whatever kind as
referred to herein shall be obtained once and shall be effective for the lifetime of the
organization. This exemption is an addition to that provided in Section 5.04.090. No business,
profession or trade conducted or carried on in a single location under one management or
ownership shall pay more than one license fee regardless of the multiple nature of the business
carried on; Provided further that no tax exempt nonprofit company, association, corporation, or
copartnership of whatever kind as defined by the federal or state governments which operates or
conducts a community festival or event of no more than four days in duration shall be required to
obtain a business license as herein previously provided and the exemption which has been
provided shall extend to the festival's or event's participants operating under sanction of said
festival or event. Any business, profession or trade in more than one location within the city shall
pay a license fee for each location the business, profession, or trade is conducted.
5.04.090 Certain Businesses Exemptions: Recognizing that there are locally owned and operated
small or parttime businesses which would be unduly penalized by requiring licensing
under this chapter and the payment of the business license fee as provided in Section
5.04.080, there is exempted from this business licensing chapter those locally owned
and operated businesses, professions, or trades wherein the annual gross income is less
than two thousand dollars ($2,000) per year. A fee as provided for in this chapter shall
not be required in the following situations. To the extent set forth in this section, the
following persons and businesses shall be exempt from the registration, license and/or
license fee requirements as outlined in this chapter:
(1) Any person transacting and carrying on any business which is exempt from a
license fee by virtue of the Constitution of the United States, the Constitution of
the State of Washington, or the laws of the United States or the state of
Washington. Burden of proof is on the applicant;
(2) A person making casual or isolated sales of goods or merchandise not in the
course of a business at a flea market, rummage sale, yard sale, garage sale,
farmer’s market, bazaar or like sale when such sales, markets or bazaars are
conducted on a Friday, Saturday, Sunday or any City recognized holiday and
provided also, that such flea markets, bazaars or the like shall be licensed by the
City of Moses Lake for operation at the particular location indicated on that
license.
(3) Sales conducted by students of public or private primary and secondary schools.
(4) Farmers or gardeners selling their own unprocessed farm produce grown
exclusively upon lands owned or occupied by them;
(5) Charitable, religious or nonprofit organizations or corporations which have
received tax-exempt status under the Internal Revenue Code Section 501C(3), 26
USC 501C(3), as adopted or as hereafter amended. Any person claiming an
exemption shall file with the Finance Director or designee a copy of the tax
exemption status granted by the Internal Revenue Service. The Finance Director
or designee shall maintain a list of all organizations who have claimed exemption.
(6) Any person or business whose annual value of products, gross proceeds of sales,
or gross income of the business in the city is equal to or less than $2,000 and who
does not maintain a place of business within the city, shall submit a business
license registration to the Finance Director or designee. The threshold does not
apply to regulatory license requirements or activities that require a specialized
permit.
5.04.100 Payment of Fee - Time Limit:
A. All persons, co partnerships, companies, associations, or corporations who are
engaged in business or in practice of their trades or professions in the city shall procure
their license to operate on or before the thirty-first day of each and every January. In the
event the license is not procured on or before January thirty-first of each year, a late
penalty in the amount of fifty ($50.00) dollars shall be imposed and enforcement will be
taken as provided for in this section.
B. All persons, co partnerships, companies, associations, or corporations who commence
business or practice of their trades or professions in the city after the thirty-first day of
January of each and every year, shall within one month from the commencement date
procure their license to operate for the current year and if the license to operate is not
procured within the month, a late penalty in the amount of fifty ($50.00) dollars shall be
imposed and enforcement will be taken as provided for in this section.
C. When the Finance Director determines that a violation of this chapter exists, he or she
may proceed against that violator using the procedures provided for in Chapter 1.20
MLMC.
D. Appeals: Any enforcement taken by the Finance Director shall be appealable as
provided for in Chapter 1.20 MLMC, with the informal administrative appeal authorized
by section 1.20.120 to the Finance Director.
5.04.110 General Fund: All funds received by the city under the terms of this chapter shall be
paid into the General Fund of the city and budgeted annually for any municipal purpose, as
required by law.
5.04.120 Consent to Inspections and Searches: Every person who obtains a business license
hereunder agrees to subject their place of business whether it be a building, room, cart, stand,
vehicle, or stock of merchandise to inspection by city, county and health district and state
officials with jurisdiction to enforce, health, safety, occupational, and tax laws.
Section 2. Effective date. This ordinance shall be in full force and effect upon its passage and
publication of its summary as provided by law.
PASSED by the City Council of the City of Moses Lake, Washington, this ______ day of
_________________, 2018.
_____________________________________
Karen Liebrecht, Mayor
ATTEST:
_______________________________________ Debbie Burke, City Clerk
APPROVED AS TO FORM: _______________________________________
Katherine L. Kenison, City Attorney
Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins
Aye
Nay Abstain
Absent
Date Published:
Date Effective: