2018 1211 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
Moses Lake Civic Center – 401 S. Balsam
December 11, 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.
Presentations
a. Impact Fees – Susan Devine, Parametrix
b. Housing Authority of Grant County
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 November 27th
b. Bills and Checks Issued
c. Accept 2018 Seal Coat Project
d. Accept 2018 HVAC Dunes, UV, FS2 Project
e. Fee Schedule Amendment Resolution 3753
Old Business
#2 2018 Budget Adjustment Ordinance 2918 – 2nd Presentation Motion
Presented by Cindy Jensen, Finance Director
Summary: Council to review and consider adoption as presented
December 11, 2018, City Council Meeting – Page 2
#3 Park Hours and Camping Amendment Ordinances 2913-2914, MLMC 9.18, 12.36 Motion
Presented by Gil Alvarado, Deputy City Manager
Summary: Council to review and adopt each ordinance separately
New Business
#4 Update Sanitation Fund Interfund Loan Resolution 3750 Motion
Presented by Cindy Jensen, Finance Director
Summary: Council to review and consider adoption as presented
#5 Multi Family Project Authorization pursuant to MLMC 18.23 – Parkview Townhomes Motion
Presented by Gil Alvarado, Deputy City Manager
Summary: Council to review and consider approval as presented
#6 Business License Regulation Changes MLMC Title 5 Ordinance 2917 Motion
Presented by Cindy Jensen, Finance Director
Summary: Council to review and consider adoption as presented
Administrative Reports
Council Communications and Reports
Executive Session
RCW 42.30.110(1)(i)(B) – To discuss Potential Litigation
Adjournment
Closed Session
MOSES LAKE CITY COUNCIL
November 27, 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:
Moses Lake High School ASB Vice President David Smouse led the Council in the Pledge of Allegiance.
SUMMARY REPORTS:
CITY MANAGER’S REPORT Agenda Change An Executive Session has been added to the end of tonight’s meeting.
Meeting Minutes dated November 13th Revisions to one paragraph in the City Manager’s report was distributed at the meeting. The Consent Agenda can be approved as amended.
ESHB1570
The state legislature approved to remove the sunset date of funding from County recording fees for homeless issues and approved an increase to be effective June 7, 2018. Council requested staff meet with the County Commissioners to consider allocating the additional funding to the city.
CITIZEN’S COMMUNICATIONS Roxeanne Southwood, 503 Laguna Dr, Moses Lake, is the Branch Manager for the North Central Regional Library located at the Civic Center Park. She shared a number of complaints received
from library patrons regarding homeless group camping at the park.
Keith Easterly, 813 E Lark Dr, Moses Lake, distributed a handout named ‘Legal Memorandum on Public Celebration of Religious Holidays’ published by the Liberty Counsel. The document described when and how a public sponsored religious symbol can be erected and maintained by
city officials.
Aaron Hull, 4380 Dunn St, Moses Lake, requested a nativity scene be displayed on public property as in the past. Staff advised that this presents an issue for the city regarding equal access to other religious displays.
CITY COUNCIL MINUTES – November 27, 2018
pg. 2
Chaplain Linda Curran, 900 N Grape Dr #14, Moses Lake, sent a letter to the Council on November 26th requesting the Civic Center Park be a designated camping location for the homeless population during the winter months.
Deana Martinez, 1226 S Skyline Dr, Moses Lake, is a volunteer serving the Grant County Homeless Task Force. She requested the city work with other agencies to develop positive options for accommodating the homeless population.
Celeste Applegate, Homeless, Moses Lake, grew up here and requested public restrooms be opened. CONSENT AGENDA
#1 a. City Council meeting minutes November 13th
b. Claims in the amounts of $76, 432.41 and $395,054.50; prepaid claim checks in the amounts of $1,086.37, $39,276.68, $63,682.73, and $7,410.91; claim checks in the amount of $1,861,561.20; and payroll checks in the amount of $384,202.22. c. ADA Policy Resolution 3751 d. Crossroads North Phase V Major Plat Improvements Resolution 3752
Action taken: Council Member Riggs moved to approve the Consent Agenda as amended, second by Council Member Leonard. The motion carried 7 – 0. PUBLIC HEARING
#2 2019 Budget Ordinance 2916 The first Public Hearing of the draft ordinance occurred on November 13th. Mayor Liebrecht continued the public hearing at 7:45 p.m. There being no comment, the hearing was closed. The annual budget provides for the financial planning, control, and evaluation of funds.
Action taken: Council Member Leonard moved to adopt Ordinance 2916, second by Council Member Hankins. The motion carried 7 – 0.
OLD BUSINESS
#3 Lodging Tax Funding Recommendations The Committee received a total of 17 grant applications. Council approved six of the
initial funding recommendations on October 23rd which totaled $38k. The LTAC met to review Council comments on the remaining applications and brought forward revised recommendations. Application number 10 for Parks and Rec and number 14 for the Chamber of Commerce were not approved at the LTAC recommended total of $140k.
Action taken: Council Member Hankins moved to approve six additional funding
recommendations in the amount of $215k as presented, second by Council Member Jackson. The motion carried 6 – 1, Council Member Leonard was opposed. #4 Code Clean Up Ordinances 2913, 2914, 2915 to Amend MLMC 9.18, 12.36, 18.48.030
Staff presented the draft ordinances at the last meeting. The amendments will change the
CITY COUNCIL MINUTES – November 27, 2018
pg. 3
Code in order for staff to enforce park hours, camping regulations, and storage buildings in compliance with the 9th Circuit Court Boise decision.
Parks Director Spencer Grigg explained that the one park restroom built for all season
service has been vandalized, repaired, and reopened on a regular basis and he provided the costs for providing porta potty units.
Motions by Mayor Liebrecht to adopt Ordinances 2913 and 2914 failed for lack of a second. The Council would like to consider adoption of these ordinances after the Council Homelessness Ad Hoc Committee has had ample time to process options for
potential impacts on services. The Ad Hoc Committee is working on final logistics to host a Public Forum with other agencies on Tuesday, December 4th at 7:00 p.m. at the Civic Center.
Action taken: Council Member Leonard moved to adopt Ordinance 2915, second by Council Member Myers. The motion carried 7 – 0.
NEW BUSINESS #5 2018 Budget Adjustment Ordinance The draft ordinance reflects revenue and expense adjustments in nine funds. 1st
presentation of the ordinance. No action taken. #5 2019 Legislative Calendar The calendar reflects cancellation of the 2nd Regular Meeting in December and adds a Special Meeting the Thursday prior. The start time of the Special Meeting will be
determined closer to the meeting date.
Action taken: Council Member Leonard moved to adopt the 2019 Legislative Calendar as presented, second by Council Member Riggs. The motion carried 7 – 0.
ADMINISTRATIVE REPORTS
Fire Marshall Derek Beach announced that they received a grant in the amount of $1,000 for fire prevention. COUNCIL COMMUNICATIONS AND REPORTS – no action taken.
EXECUTIVE SESSION
Mayor Liebrecht called an Executive Session at 9:08 p.m. to be held for ten minutes pursuant to RCW 42.30.110(1)(c) to consider the minimum price at which real estate will be offered for sale with no action to follow. The Executive Session was extended for an additional ten minutes at
9:20 p.m.
ADJOURNMENT The regular meeting was adjourned at 9:30 p.m.
CITY COUNCIL MINUTES – November 27, 2018
pg. 4
______________________________________
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: December 4, 2018
Proceeding Type: Consent Agenda
Subject: Request To Accept Seal Coat Project - 2018
Legislative History:
• First Presentation:
• Second Presentation:
December 11, 2018
• Action Motion
Staff Report Summary
Tommer Construction Company, Inc. has completed work on the Seal Coat Project - 2018 and it is
ready to be accepted.
Background
The project consisted of 201,000+ square yards of seal coat and fog seal on streets within the City.
Project also included restoring pavement markings.
Final payment has been made for $692,721.45. The original contract price was $716,375.00.
The work completed by the contractor is physically complete and ready for acceptance.
Fiscal and Policy Implications
Upon acceptance, the City will enter into the 60-day lien period as required by Washington State
Law.
Page 2 of 2
Options
Option Result
• Approve to accept the project as
presented.
The 60-day lien period will begin.
• Take no action. The project won’t be accepted at this time.
Staff Recommendation
Staff recommends accepting the Seal Coat Project - 2018.
Attachments
A. None
Legal Review
N-A
Page 1 of 2
STAFF REPORT
To: John Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: December 5, 2018
Proceeding Type: Consent Agenda
Subject: 2018 HVAC Dunes, UV, FS2 Project Acceptance
Legislative History:
• First Presentation: December 11, 2018
• Second Presentation:
• Requested Action: Motion
Staff Report Summary
Basin Refrigeration and Heating, Inc. has completed work on the 2018 HVAC Dunes, UV, FS2 and
the project is ready to be accepted.
Background
The project consisted of removing and replacing HVAC systems and controls in Fire Station No. 2,
HVAC system at UV room, and laboratory at the Sand Dunes WWTP.
Total payment of $92,553.87 is in accordance with the contract, less $326.73 that was deducted
for damages. Payment is being processed.
The work completed by the contractor is physically complete and ready for acceptance.
Fiscal and Policy Implications
Upon acceptance, the City will enter into the 60 day lien period as required by Washington State
Law.
Page 2 of 2
Options
Option Results
• A motion to accept the project as
presented.
The 60-day lien period will begin.
• Take no action. The project won’t be accepted at this time.
Staff Recommendation
Staff recommends accepting the 2018 HVAC Dunes, UV, FS2 project.
Attachments
A. None
Legal Review
N-A
Page 1 of 2
STAFF REPORT
To: John Williams, City Manager
From: Cindy Jensen, Finance Director
Date: December 6, 2018
Proceeding Type: Consent Agenda
Subject: Fee Schedule Amendment Resolution 3753
Legislative History:
• First Presentation: December 11, 2018
• Requested Action: Motion
Staff Report Summary
We have recently been notified that the Federal Bureau of Investigation is increasing the fee they
charge for processing fingerprint based criminal history record checks by $1.25 -- from $12.00 to
$13.25. The City’s charge for concealed pistol licenses is a composite of the Washington State
Patrol and the Federal Bureau of Investigation fees for completing the backgrounding.
The attached resolution amends the City of Moses Lake 2019 Fee Schedule to reflect the
increased cost of processing the concealed pistol license applications from the current fee of
$48.00 to $49.25.
Fiscal and Policy Implications
The City has historically charged the applicant the passed through cost of providing the
background checks for a concealed pistol license. With the increase in the underlying charge
from the FBI, we are requesting a corresponding increase in our fee for this service.
Options
Option Results
• Adopt Resolution Modifies the City of Moses Lake 2019 Fee
Schedule
Page 2 of 2
• Modify the Resolution Council could direct a change to the fee
• Take no action The fee would be unchanged, and the City
would subsidize concealed pistol permits by
$1.25 each permit.
Staff Recommendation
Staff recommends City Council adopt the Resolution as presented.
Attachments
A. Resolution 3753
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Resolution Fee Schedule Amendment 12/6/2018
RESOLUTION NO. 3753
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON AMENDING THE 2019 FEE SCHEDULE TO INCORPORATE CHANGES MADE TO PASS-THROUGH CHARGES BY EXTERNAL REGULATORY AGENCIES
Recitals:
1. The City of Moses Lake performs background checks for concealed pistol licenses in which
fingerprints are obtained by the City and forwarded to the Washington State Patrol (WSP) and the Federal Bureau of Investigation (FBI) for analysis; and 2. The City received notification that the FBI will be increasing its fee rate by $1.25 effective
January 1, 2019; and
3. The fee the City charges is based on the underlying charges made by external regulatory agencies including WSP and FBI; and
4. It is in the best interest of the City to amend its fee schedule to reflect the increased rate
charged by the FBI. Resolved:
The 2019 fee schedule as it applies to concealed pistol license applications is amended as follows:
City of Moses Lake 2019 Fee Schedule Concealed Pistol License Current - $48.00; New - $49.25 Adopted by the City Council of Moses Lake, Washington on December 11, 2018.
______________________________ ATTEST: Karen Liebrecht, Mayor
_________________________
Debbie Burke, City Clerk
Page 1 of 2
STAFF REPORT
To: John Williams, City Manager
From: Cindy Jensen, Finance Director
Date: December 5, 2018
Proceeding Type: Old Business
Subject: 2018 Budget Appropriation
Legislative History:
• First Presentation: November 27, 2018
• Second Presentation: December 11, 2018
• Requested Action: Motion
Staff Report Summary
During development of the 2019 preliminary budget, which requires analysis of 2018 budget
trends and estimates, we noted several instances where additional appropriation is warranted so
funds remain within budget at the end of 2018. In some cases there is additional revenue to
support the additional expenditures, either in program revenues or grants. In those cases that
are not supported by additional revenue, the fund balance is adequate to absorb the increase.
The attached ordinance increases the 2018 budget for 9 funds resulting in citywide total
expenditures of $1,455,300 and adds $1,032,750 to estimated revenue, resulting in a net use of
fund balance of $422,550 in 6 separate funds (three funds have equal expenditures and
revenues).
Background
RCW 35.33.091 sets forth the requirements to amend the budget absent a true “emergency”.
Most fund amendments are primarily the result of things already approved by Council but just
not completely incorporated in the current budget. Examples include the lighting and
scoreboard improvements at Larson, Kvamme, and Lauzier fields; mid-year rate adjustment for
the Solid Waste utility, and increased recycling costs; and grants or other revenue received.
Other appropriations are needed to address true unforeseen items, such as employee cashout of
leave accruals upon separation from the City, and risk management deductible estimates
exceeding original estimates. Note: WCIA switched its computer systems, and we weren’t billed
Page 2 of 2
for the 2nd quarter activity until recently—that billing brought us to the 2018 estimate so it is
prudent to add a contingency for the rest of the year.
One of the appropriations for Fleet Management fund is to authorize the purchase of vehicles for
Community Development which is being funded by position vacancies. There is enough budget
in the Community Development department in General Fund, but Fleet Management has to
purchase all vehicles, so its budget would be short when this transaction occurs. In researching
the Police vehicle purchase included in the 2019 budget, circumstances warranted buying current
year model vehicles. This purchase will be made using Fleet Management fund balance, and will
be reimbursed by Police in the 2019 transfer. The spreadsheet attached to the appropriation
ordinance details all of the changes.
Fiscal and Policy Implications
It is a compliance issue to have actual results be within the authorized appropriation. If we
overspend an appropriation, the State Auditor’s Office would likely note it as an area of non-
compliance with laws.
Options
Option Results
• Adopt the Ordinance as presented Increase the appropriation authority in each of
the affected funds
• Modify the Ordinance Certain items could be taken out or added to
the ordinance.
• Take no action Some fund’s 2018 expenditures may exceed
budget authority, potentially causing an audit
compliance issue.
Staff Recommendation
Staff recommends City Council review the Ordinance and adopt as presented.
Attachments
A. Ordinance and Schedule A
Legal Review N-A
ORDINANCE NO. 2918
AN ORDINANCE AMENDING THE 2018 BUDGET FOR THE CITY
OF MOSES LAKE; AND MAKING APPROPRIATIONS FROM
UNAPPROPRIATED FUND BALANCES WITHIN VARIOUS FUNDS
FOR EXPENDITURE DURING 2018 FOR VARIOUS PURPOSES AS
DESCRIBED IN THE ATTACHED SCHEDULE.
Whereas, the various funds indicated on the attached Schedule 1 contain Unappropriated Fund
Balances available for appropriation and expenditures during 2018 in various amounts and for
the purposes mentioned in the attached Schedule; and
Whereas, at the time of the adoption of the 2018 budget it could not reasonably have been
foreseen that the appropriation provided for by this ordinance would be required; and the City
Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that
it is in the best interests of the City to make the appropriation herein provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF MOSES LAKE:
Section 1. Appropriations are hereby made, for expenditure during 2018, from Unappropriated
Fund Balances in the various Funds to the various accounts and in the various amounts, and for
the specific purposes, all as specified in the Schedule attached hereto and incorporated herein.
Section 2. This ordinance is one making an appropriation and shall take effect immediately upon
its passage and approval as provided by law.
Section 3. The City Council declares that an emergency exists and this ordinance is deemed a
public emergency ordinance necessary for the protection of public health, public safety, public
property, or public peace and shall take effect immediately as provided by law upon one reading
if a majority plus one of the whole membership of the City Council vote in favor of passage.
Section 4. 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.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on December 11, 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: December 17, 2018 Date Effective: December 22, 2018
Account #Account Name Amount Description
GENERAL FUND
Legislative
000-001-51160-000-0411-0000-00 Professional Services 4,300$ Council Retreat-Mission & Vision
Executive
000-002-51310-000-0141-0000-00 Employee Benefit-Vacation 4,000 Employee Separation Cashout
000-002-51310-000-0145-0000-00 Employee Benefit-Sick Leave 4,200 Employee Separation Cashout
8,200
Parks and Recreation
000-020-57110-000-0411-0000-00 Professional Services 27,000 ActiveNet Registration Processing Fee
000-020-57110-000-0417-0000-00 Bank Charges 22,500 ActiveNet Credit Card Processing Fee
49,500
Police
000-030-52121-000-0131-0000-00 Investigation Overtime 30,000 Reimbursable Overtime
000-030-52122-000-0131-0000-00 Patrol Overtime 60,000 Reimbursable Overtime
000-030-52122-000-0131-0000-00 Patrol Retirement Contribution 12,000 LEOFF Contributions for Overtime
000-030-52122-000-0495-0000-00 Registration & Membership 16,000 Police Academy Registration
Sub-total Police 118,000
Fire
000-040-52220-000-0493-0000-00 Reimbursable Labor 100,000 Net due to Ambulance Fund per time sheets
Total General Fund 280,000
Revenue
000-006-31311-000-1000-0000-00 Sales & Use Tax 200,000 Sales Tax Growth
000-020-34730-000-1101-0000-00 Surf N Slide Activity Fees 20,000 Increased activity
000-030-34210-000-1075-0000-00 Labor Reimbursement 60,000 Increased activity-Police
Fund Revenue Total 280,000
Net Use of Fund Balance -
TOURISM ACTIVITIES
102-102-59700-078-0099-0958-42 Transfer to 314-Parks Capital 250,000$ Transfer to Complete Parks Projects
Revenue
102-000-31331-000-1000-0000-00 Hotel/Motel Tax 110,000 Growth in revenue stream
Net Use of Fund Balance 140,000
GRANTS & DONATIONS
103-103-59421-079-0641-3050-72 Police Equipment 10,000 Avatar Tactical Robot Service Agreement
103-103-59421-085-0642-3077-30 Police Equipment 14,500 Purchase Simulated Impaired Driving Experience
103-103-57530-075-0312-2827-24 Museum Operating Supplies 7,000 Exhibit/Opening Supplies
103-103-57530-075-0355-2827-24 Museum Minor Equipment 7,000 Display Mannequins
103-103-57530-075-0411-2827-24 Museum Professional Services 7,800 Museum presenters; Assessment Program
Fund Total 46,300
Revenue
103-000-36930-000-1824-0000-00 Confiscated/Forfeit Property 24,500 Police share
103-000-36779-000-1012-0000-00 Museum Membership 10,000 Increased activity
Fund Revenue Total 34,500
Net Use of Fund Balance 11,800
City of Moses Lake
2018 Appropriation Schedule
SCHEDULE 1
Appropriate out of unappropriated fund balances of the various funds
and in the various amounts and for the purposes as described:
Account #Account Name Amount Description
City of Moses Lake
2018 Appropriation Schedule
SCHEDULE 1
Appropriate out of unappropriated fund balances of the various funds
and in the various amounts and for the purposes as described:
PARKS & RECREATION CAPITAL
314-314-59476-000-0631-0000-00 Non-Blding Capital Improve.380,000$ Larson, Kvamme, Lauzier improvements
Revenue
314-000-39700-000-1913-0000-00 Transfer from 102 Tourism 250,000 City's LTAC Contribution to complete Projects
314-000-36776-085-1011-3946-56 Donation 20,000 Kvamme Soccer Field Improvements
314-000-36776-085-1012-2603-56 Donation 110,000 Lauzier Field Improvements
Total Parks Cap. Revenue 380,000
Net Use of Fund Balance -
SOLID WASTE (Sanitation)
490-490-53770-000-0411-0000-00 Professional Services 70,000 Recycling Cost
490-490-53770-000-0497-0000-00 Hauler Contract 40,000 Industrial Usage higher than budgeted
110,000
Revenue
490-000-34370-000-1190-0000-00 Solid Waste Fees 110,000 Rate increases/Industrial Usage
Net Use of Fund Balance -
AIRPORT
495-495-59446-000-0639-4974-00 Capital Improvements 46,000 Airport Paving Project
495-495-54680-000-0492-0000-00 Miscellaneous 4,000 Upsize Water Meter from 3/4 inch to 1 1/2 inch
50,000
Revenue
495-000-33397-000-1000-0000-00 FEMA Reimbursement 40,250 Paving Project
Net Use of Fund Balance 9,750
SELF-INSURANCE (Risk Management)
503-503-51868-000-0499-0000-00 Payments to Claimants 30,000 Required Deductibles
CENTRAL SERVICES (IT)
517-517-51888-000-0354-0000-00 Computer Software 45,000 Laserfiche Records Management Software
Revenue
517-000-33600-000-1000-0000-00 State Archivist Grant 30,000 Records Management Grant
Net Use of Fund Balance 15,000
FLEET MANAGEMENT (Equipment Rental)
519-519-59448-000-0641-0000-00 Machinery and Equipment 48,000 Comm. Dev. Replacement Vehicles
519-519-59448-000-0641-0000-00 Machinery and Equipment 216,000 2019 Police Vehicles (pre-buy for availability)
264,000
Revenue
519-000-34870-000-1904-0000-00 Contribution-004 Com Dev 48,000 Trsfer from General Fund (Com Dev savings)
Net Use of Fund Balance 216,000 Police transfer will happen in 2019
Citywide Total Expenditures 1,455,300$
Revenues 1,032,750
Net 422,550$
Page 1 of 2
STAFF REPORT
To: City Council
From: Gil Alvarado, Deputy City Manager
Date: December 11, 2018
Proceeding Type: Old Business
Subject: Ordinance 2913, 2914 Amending MLMC 9.18, Camping; MLMC
12.36 Parks Rules and Regulations
Legislative History:
• First Presentation: November 13,2018
• Second presentation: November 27, 2018
• Action: Motion
Staff Report Summary
Attached are Ordinances amending MLMC 9.38, Camping, and MLMC 12.36 Park Rules and
Regulations. Portions of these Codes need to be amended as presented in order to clarify
enforcement of park hours and camping regulations by city staff.
Background
The proposed changes have been presented previously and are necessary for the remainder of
their respective Code section to be enforceable in light of the recent Boise decision. The
modifications are similar to those the City of Vancouver enacted in 2015 based on the case law
examples.
Fiscal and Policy Implications
None at this time. Most impacts will most likely be staff time.
Page 2 of 2
Options
Option Results
• Adopt Ordinance as presented Staff will enforce the camping and park hours
of operation as adopted.
• Take no action. Staff will not enforce the camping and park
hours of operations.
Staff Recommendation
Staff recommends adoption of the modified regulations by a separate motion for each
ordinance.
Attachments
A. Ordinance 2913 and 2914
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Ordinance Ord 2913, 2914 11/13/2018
ORDINANCE NO. 2913
AN ORDINANCE OF THE CITY OF MOSES LAKE,
WASHINGTON, REPEALING CHAPTER 9.18 OF THE MOSES LAKE MUNICIPAL CODE TITLED “PROHIBITION OF CAMPING” AND REPLACING IT WITH A NEW CHAPTER 9.18 TITLED “CAMPING”
Recitals:
1. In 1987, the City adopted Ordinance No. 1286 which prohibits camping on any City-owned property or public right-of-way at all times; and 2. According to the 2018 Point In Time count of homeless people there were 58 unsheltered homeless individuals in the City; and
3. The City may regulate the use of its parks, rights-of-way and publicly owned property to
provide for the health, safety and well being of the public; and 4. The City’s regulatory authority must be exercised in a manner that is consistent with the state and federal constitutions; and 5. The Ninth Circuit Court of Appeals and the United States Department of Justice are of the
opinion that prohibiting camping in all public places at all times when there are insufficient
shelter beds to house the homeless is unconstitutional; and 6. The City is in the process of assessing issues related to the housing of homeless in conjunction with other community partners; and 7. The City desires, as an interim measure, to amend the breadth and scope of the camping
ordinance to allow camping on City-owned public property (not including City parks)
during the hours of 10 p.m. to 6 a.m.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Repeal and Replacement. Moses Lake Municipal Code Chapter 9.18 titled
“Prohibition of Camping” is hereby repealed in its entirety and is replaced with a new Chapter 9.18 titled “Camping” to provide as follows:
Chapter 9.18
CAMPING
Sections:
9.18.010 Findings.
9.18.020 Purpose. 9.18.030 Definitions. 9.18.040 Unlawful camping. 9.18.050 Unlawful storage of personal property in public places. 9.18.060 Penalty for violations.
9.18.070 Permit. 9.18.080 Public duty created.
9.18.010 Findings.
People camping on public property and on public right of ways create a public health and safety hazard due to the lack of proper electrical and/or sanitary facilities for these people. People
without proper sanitary facilities have openly urinated, defecated, and littered on public property
on the public right of ways. Use of public property for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended.
9.18.020 Purpose.
It is the purpose of this ordinance to prevent harm to the health or safety of the public and to
promote the public health, safety and general welfare by making public streets and other areas
readily accessible to the public and to prevent use of public property for camping purposes or storage of personal property which interferes with the rights of others to use the areas for which they were intended.
9.18.030 Definitions.
The following definitions are applicable in this chapter unless the context otherwise requires:
"Camp" or “camping” means to pitch, create, use, or occupy camp facilities and/or to use camp paraphernalia.
"Camp facilities" include, but are not limited to, tents, huts, temporary shelters made of any
material, or vehicles.
"Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags,
blankets, mattresses, hammocks, or non-city designated cooking facilities and similar equipment.
“City” means the City of Moses Lake.
"Park" means the same as defined in MLMC 12.36.020.
Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
"Street" means any highway, lane, road, street, right of way, boulevard, alley, and every way or place in the City of Moses Lake that is publicly owned or maintained for public vehicular travel.
“Vehicle” means the same as defined in RCW 46.04.670, which is hereby adopted as now
enacted or hereafter amended.
9.18.040 Unlawful camping.
A. During the hours of 6:00 a.m. to 10:00 p.m., it shall be unlawful for any person to camp, occupy camp facilities for purposes of habitation, or use camp paraphernalia in the following
areas, except as otherwise provided by ordinance or as permitted pursuant to Section 9.18.070 of this ordinance:
1. any park;
2. any street; or
3. any publicly owned or maintained parking lot or other publicly owned or maintained area, improved or unimproved.
B. During the hours of 6:00 a.m. to 10:00 p.m., it shall be unlawful for any person to occupy a vehicle for the purpose of camping while that vehicle is parked in the following areas, except as otherwise provided by ordinance or as permitted pursuant to Section 9.18.070 of this ordinance:
1. any park;
2. any street; or
3. any publicly owned or maintained parking lot or other publicly owned or maintained area, improved or unimproved.
9.18.050 Unlawful storage of personal property in public places.
During the hours of 6:00 a.m. to 10:00 p.m., it shall be unlawful for any person to store personal property, including camp facilities (other than vehicles) and camp paraphernalia, in the following areas, except as otherwise provided by ordinance or as permitted pursuant to Section 9.18.070 of this ordinance:
1. any park;
2. any street; or
3. any publicly owned or maintained parking lot or publicly owned or maintained area, improved or unimproved.
9.18.060 Penalty for violations.
Any person violating any of the provisions of this chapter shall be deemed to have committed a
civil infraction and shall be subject to the following penalties as set forth in MLMC Chapter
1.08:
First violation within a twelve month period C-21 penalty
Second and subsequent violation within a twelve month period C-18 penalty
Each and every day, or portion thereof, that the violation continues shall constitute a separate
violation.
9.18.070 Permit.
A. The City Manager, or his/her designee, is authorized to permit persons to camp, occupy
camp facilities, use camp paraphernalia, or store personal property in parks, streets, or any
publicly owned parking lot or publicly owned area, improved or unimproved, in the city of Moses Lake.
B. Upon receipt of an application for any permit under this chapter, the City Manager, or his/her designee, shall send a copy of the application to the city departments of police, parks, public works, community development, and fire. Each of these departments shall inspect the application and each such department shall report to the City Manager, or his/her designee,
within ten working days after the filing of the application. Such reports shall mention any
problems which the proposed activity is expected to pose for the public. It shall make any necessary recommendations for protecting the public peace, health, safety, life, property, and welfare in the event a permit is, or was, issued.
C. The City Manager, or his/her designee, is authorized to promulgate other rules and regulations regarding the implementation and enforcement of this ordinance.
D. The City Manager, or his/her designee, may approve a permit as provided under this section when, from a consideration of the application, reports from other city departments, and from such other information as may otherwise be obtained, he or she finds that:
1. Adequate sanitary facilities are provided and accessible at or near the proposed camp site;
2. Adequate trash receptacles and trash collection are provided; and
3. The camping activity will not unreasonably disturb or interfere with the safety, peace,
comfort and repose of private property owners.
E. No permit shall be issued for a period of time in excess of fourteen (14) calendar days in any
one calendar year.
F. The City Manager, or his/her designee, is authorized to revoke a permit that has been issued if he or she finds lack of compliance with any requirement of subsection D, above, or of any rule
or regulation promulgated under subsection C, above, or of any ordinance or statute.
G. Any person who is denied a permit, or had his/her permit revoked, may appeal the
denial/revocation to a hearings examiner appointed by the City Manager, or his/her designee.
Notice of appeal must be in writing, and filed with the City Clerk within seven (7) working days from the date of the denial.
9.18.080 Public duty created.
A. It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular
class or group of persons or individual who will or should be especially protected or benefited by the terms of this ordinance.
B. Nothing contained in this ordinance is intended nor shall be construed to create or form the
basis of any liability on the part of the City, or its officers, employees or agents, for any injury or
damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this ordinance by its officers, employees or agents.
Section 2. 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 December 11, 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: December 17, 2018
Date Effective: December 22, 2018
ORDINANCE NO. 2914
AN ORDINANCE OF THE CITY OF MOSES LAKE,
WASHINGTON, AMENDING SECTION 12.36.030 TITLED
“HOURS OF OPERATION” AND SECTION 12.36.040
TITLED “PROHIBITED ACTS” OF CHAPTER 12.36 “PARK
RULES AND REGULATIONS” OF THE MOSES LAKE
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN
AS FOLLOWS:
Section 1. Amendment. Moses Lake Municipal Code Section 12.36.030 titled “Hours of
Operation” and Section 12.36.040 titled “Prohibited Acts”, of Chapter 12.36 “Park Rules and
Regulations”, are each amended to provide as follows:
12.36.030 Hours of operation:
Parks shall be open to the public from 6:00 a.m. to 10:00 p.m. Between the hours of 10:00pm
and 6:00am the parks shall be closed to the public unless persons are actively engaged in activity
within a special-use area as described in section 12.36.060. No activities will be allowed during
closed park hours that disturb the peace of the public or for any of the prohibited acts listed
below.
Activities on park property or in park facilities that exceed normal hours of operation or deviate
from the park rules may be authorized in association with a facilities use agreement or park use
permit authorized by the city council. Any person entering or remaining in a park when it is
closed is subject to arrest and prosecution for criminal trespass.
Park closure hours shall be indicated by appropriate signage.
12.36.040 Prohibited acts:
A. All activities that constitute civil or criminal violations under state, local or federal statutes
shall be prohibited on park property or in park facilities.
B. It is unlawful for any person to do or permit any of the following acts within any city park:
1. Scatter, leave, throw, break or strew any litter, bottles, glass, paper, debris, garbage,
refuse, or advertising matter in any park except in designated receptacles; provided,
however, that it is further unlawful to deposit in such designated litter receptacles or
elsewhere within a park any refuse, litter or other trash collected at the home, business or
other dwelling of any person and intentionally brought to the park solely for the purpose of
disposing of such refuse, litter or trash.
2. Damage, deface, mar, or destroy any park equipment or facility.
3. Cut, damage or destroy any park trees, shrubs, landscaping or plants, including grass.
4. Consume any beer, wine or intoxicating liquor in any park, or have possession of any
container of beer, wine or intoxicating liquor in any park; provided, however, that
consumption of alcoholic beverages in city parks is permitted if consumption is within a
designated area in conjunction with a special event as authorized by the Parks Department.
5. Drive or park any vehicle or motorized bike, scooter, motorcycle, or ATV/UTV (as
defined in MLMC Chapter 10.18), on the grass in any park or any other place not
specifically designated for vehicular traffic, or operate a vehicle, motorized bike, scooter,
motorcycle or ATV/UTV negligently within any park or park facility, unless expressly
authorized by a permit issued by the City. This provision does not apply to authorized
personnel of the City.
6. Disturb or molest the peace of others using the park and park facilities.
7. Solicit, promote or engage in any private commercial enterprise without prior approval
of the city council.
8. Start or maintain a fire except in permanent park facilities provided for that purpose or in
a barbeque, hibachi or other freestanding apparatus commonly used for outdoor food
preparation purposes in an approved portion of the park.
9. Camp in any portion of any park unless specifically allowed by the City Manager
pursuant to section 12.36.060 or by city council action for special events. Camping is
prohibited pursuant to MLMC Chapter 9.18. “Camp” shall mean the same as defined by
MLMC Chapter 9.18.
10. Bring, ride, leave, turn loose, or allow any animal to be within a park or park facility.
Provided, however, that this prohibition shall not apply to a service animal which is defined
as any animal which is trained or is being trained to aid a person who is blind, hearing
impaired, or otherwise disabled and is used for that purpose and is properly trained to
provide the required service, nor shall this prohibition apply to dogs properly restrained by a
leash.
11. Erect, put or place any sign or advertisement in a park or park facility, or engage in any
commercial activity except as authorized by the City Council or City Manager pursuant to
section 12.36.065.
12. Engage or participate in any disorderly, lewd, obscene, drunken, or indecent conduct
within any park or park facility.
13. Use or engage in any of the following activities: archery, discus, javelin, shot, golf, or
aircraft, rockets, missile powered devices, or firearms. The City Manager may allow those
activities in special-use areas as provided in section 12.36.065 of this chapter.
14. Possess any glass containers within a city park.
15. Use abusive, threatening, profane or obscene language.
16. Engage in or encourage a fight or brawl.
17. Yell, shout, hoot, whistle, or sing so as to unreasonably disturb or interfere with the
peace, comfort, repose, health or safety of park users or nearby residents.
18. Meet or gather in large groups or assemblies without first making reservations and
obtaining a written permit from the Parks Dept. A large group or assembly is that which
would occupy one-tenth or more of the user capacity of the park.
19. No person shall enter or remain in any park at any time during which there Is in effect a
notice of exclusion issued under section 12.36.080 excluding That person from that park.
20. Tobacco use, including smoking, e-cigarettes and vaping devices is prohibited pursuant
to MLMC Chapter 8.56.
21. Discharge or sell any fireworks; fireworks are prohibited pursuant to MLMC Chapter
8.04.
22. Install, erect or otherwise construct displays, exhibitions or expositions on park property.
Section 2. 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 December 11, 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: December 17, 2018 Date Effective: December 22, 2018
Page 1 of 3
STAFF REPORT
To: John Williams, City Manager
From: Cindy Jensen, Finance Director
Date: December 6, 2018
Proceeding Type: New Business
Subject: Resolution 3750 Amending Sanitation Fund Interfund Loan
Repayment Schedule
Legislative History:
• First Presentation: November 13, 2018—discussion in 3rd Quarter Budget report
• Second Presentation: December 11, 2018
• Requested Action: Motion
Staff Report Summary
In reviewing revenue and expenditure trends in the Sanitation Fund, there are not enough
resources to repay both existing interfund loans in December, 2018. Rather than establish a new
loan, we are proposing extending the term of one of the current loans to have the final
repayment be made in 2020, instead of 2018.
The attached resolution amends Resolution 3578 extending the final loan repayment to
December 22, 2020.
Background
During development of the 2018 3rd quarter budget report, we observed the Sanitation (Solid
Waste) fund was just breaking even before any interfund loan repayments. This was caused
primarily by the increase in the recycling program, in a fund that was “on the margins” to begin
with. In other words, the Sanitation Fund has no reserve capacity to absorb unexpected
expenditure increases.
Because the Sanitation Fund has entered into interfund loans in the 4 years prior to 2017, the
fiscal sustainability of the Sanitation Fund has been an area of concern identified by the State
Auditor’s Office. In 2018, Council approved a cost of service study, which was reviewed in
August, 2018. During this same time frame, the recycling market was disrupted when China
Page 2 of 3
stopped accepting our recycled material, and we turned from receiving payment for our
recyclables in December 2017, to actually paying up to $92/ton in May of 2018. Because the
contractor rates increase by CPI in September, the City just implemented a CPI related increase in
rates, which was not adequate to fund the recycling program. Council kept reviewing the
sanitation fund, and took steps to implement a portion of the cost of service study effective in
December 2018, but it was too late in the year to make up the losses experienced from increased
recycling costs.
I reviewed the fund expenses as of the end of November. It is breaking even without considering
the interfund loan payments that are due December 22. In reviewing the interfund loan
repayment schedule the loan made in 2015 was due to be repaid in full in 2018, with a final
principal payment of $150,000. My trend analysis indicates that this fund will be short by about
that same amount. This fund was scheduled to totally repay all interfund loans by the end of
2019, so I am proposing that we amend the 2015 loan repayment schedule to move the final
payment to 2020.
The following table shows the loan repayment schedule before the modification. All loans were
scheduled to be totally repaid in 2019.
Date Original Loan
Amount
2017 Payments
Made
2018 Budget 2019 Budget 2020 Budget
12/2013 $100,000 $33,666 $-0- $-0- $-0-
12/2014 100,000 33,666 -0- -0- -0-
12/2015 300,000 75,000 150,000 -0- -0-
12/2016 300,000 75,000 75,000 150,000 -0-
Total $800,000 $217,332 $225,000 $150,000 $-0-
The following table shows the loan repayment after the modification. All loans are now
scheduled to be totally repaid in 2020.
Date Original Loan
Amount
2017 Payments
Made
2018 Budget 2019 Budget 2020 Budget
12/2013 $100,000 $33,666 $-0- $-0- $-0-
12/2014 100,000 33,666 -0- -0- -0-
12/2015 300,000 75,000 -0- -0- 150,000
12/2016 300,000 75,000 75,000 150,000 -0-
Total $800,000 $217,332 $225,000 $150,000 $150,000
Page 3 of 3
Fiscal and Policy Implications
It is a compliance issue to overspend an enterprise fund reserve balance. This amends a debt
repayment schedule to ensure the fund balance in not overspent in 2018. The most recent rate
increase going into effect in December 2018 should generate sufficient revenue to finish paying
the interfund loans according to the amended schedule.
Options
Option Results
• Adopt Resolution Modifies Resolution 3578 extending the loan
repayment to 2020
• Modify the Resolution The repayment terms could be moved just one
year out (to 2019). This would cause the total
repayment in 2019 to be $300,000 plus
interest, which is likely more than the rate
structure can support.
• Take no action The Sanitation fund’s 2018 expenditures may
exceed budget authority, and overspend it’s
fund balance potentially causing audit
compliance issues.
Staff Recommendation
Staff recommends City Council adopt the Resolution as presented.
Attachments
A. Resolution
Legal Review
Approved on December 3, 2018
RESOLUTION NO. 3750
A RESOLUTION AMENDING RESOLUTION
3578 RELATING TO FUNDS 410 AND 490
RECITALS:
1. The City Council of the City of Moses Lake approved Resolution 3578 on December 22,
2015 in which it authorized an interfund loan from the Water/Sewer Fund 410 to the
Sanitation Fund 490.
2. The Sanitation Fund 490 made the required loan repayments in 2016 and 2017.
3. For various reasons, including a significant increase in the cost of the recycling program
caused by external market forces beyond the City’s control or expectation, the Sanitation
Fund 490 will not have adequate resources to make the final scheduled loan repayment
on December 22, 2018.
4. The Sanitation Fund 490 will receive sufficient service fee revenues in the future to make
the final loan repayment.
RESOLVED:
1. The final payment of the original interfund loan from the Water/Sewer Fund 410 to the
Sanitation Fund 490 as authorized by Resolution 3578 will be deferred until December
22, 2020. Interest of 1% will accrue on the unpaid balance, and will be paid annually on
December 22, 2018 and 2019.
2. The interfund loan repayment schedule is modified as follows:
Date Payment Interest Principal Balance
$300,000.00
12/22/16 $78,000.00 $3,000.00 $75,000.00 225,000.00
12/22/17 77,250.00 2,250.00 75,000.00 150,000.00
12/22/18 1,500.00 1,500.00 0.00 150,000.00
12/22/19 1,500.00 1,500.00 0.00 150,000.00
12/22/20 151,500.00 1,500.00 150,000.00 0.00
Total $309,750.00 $9,750.00 $300,000.00
Adopted by the City Council of the City of Moses Lake on December 11, 2018.
___________________________________
Karen Liebrecht, Mayor
ATTEST:
______________________________________
Debbie Burke, City Clerk
Page 1 of 2
CITY OF MOSES LAKE
STAFF REPORT
To: John Williams, City Manager
From: Gilbert Alvarado, Deputy City Manager
Date: December 11, 2018
Proceeding Type: New Business
Subject: Multi-Family Tax Exemption Contract – Smith Martin Parkview, LLC
Legislative History:
• First Presentation: December 11, 2018
• Second Presentation:
• Requested Action: Motion
Staff Report Summary
Smith Martin Parkview, LLC, has submitted a proposal to permit a Multi-Family Housing Tax Exempt
development in accordance with MLMC 18.23, Multi-Family Tax Exemption. Currently there are two other multi-
family project within the corporate limits that has utilized this development tool as an in-fill incentive. Staff has
been through the pre-application process with the developer and this is the next request as part of their
permitting.
The approval requirements for this type of project fall under MLMC 18.23. See the following:
1. Approval: If an application is approved, the applicant shall enter into a contract with the city,
subject to approval by the City Council, regarding the terms and conditions of the project. Upon City
Council approval of the contract, the Community Development Director shall issue a Conditional
Certificate of Acceptance of Tax Exemption. The Conditional Certificate expires three (3) years from
the date of approval unless an extension is granted as provided in this chapter.
Background
Through the Growth Management Act planning process, the State of Washington found that many cities lacked
desirable, convenient, attractive, affordable, and livable places in urban centers benefiting and promoting the
public health, safety and welfare to stimulate new or enhanced residential opportunities. The outcome of the
State’s housing assessment was the Legislature adopted RCW 84.14, which provides in-fill incentive to cities
planning under the Growth Management Act. Cities may assess their housing needs and develop new multi-
family housing in urban centers that allow for special valuations and tax incentives.
MLMC 18.23 requires the applicant to apply and meet certain criteria to be eligible for the Multi-Family Housing
Tax exemption. Once it has been reviewed and approved by the Community Development Director, the City
Page 2 of 2
Council may approve a contract with the applicant approving the terms and conditions of the project. The
project will then be provided three (3) years to complete the conditions and then the final certificate will be
provided and submitted to Grant County Assessor for assessment and taxation. The special valuation is effective
for no more than twelve (12) years based on housing affordability and only applies to the apartment buildings
and not the underlying property, open space or community facilities (such as pool, offices, parking lots, etc.)
The application has been received and accepted by the Community Development Director. The applicant is now
requesting a contract and will only have three years to complete the project. This may push out the exemption
as far as 2031.
Fiscal and Policy Implications
The estimated fiscal impact could be around $7,000 per year for twelve (12) years. This was considered when
the ordinance for multi-family tax exemption was passed. Currently the City is only receiving taxes on the land
that’s assessed value is $131,000 (approximately $430 in property tax per year). The project’s estimated value is
$3,500,000 per the applicant.
Options
Option Results
• Authorize the City Manager to sign the
Agreement with Smith Martin
Parkview, LLC
Project moves forward under MLMC 18.23 and
property taxes are abated for twelve years.
• Modify the proposed Agreement Provide staff with specific changes
• Take no action Continued staff review
Staff Recommendation
Staff recommends the City Council consider authorizing the City Manager to sign a contract with Smith Martin
Parkview, LLC for the Multi-Family Housing Tax Exemption as presented.
Attachments
A. Multi-Family Housing Limited Tax Exemption Application
B. Site Map
C. Vicinity Plan
Legal Review N-A
Smith Martin Parkview, LLC
Vicinity Map
Pioneer Meadows Apts.
Heron Creek Apts.
Page 1 of 2
STAFF REPORT
To: John Williams, City Manager
From: Cindy Jensen, Finance Director
Date: December 6, 2018
Proceeding Type: New Business
Subject: Business License Background Changes Ordinance 2917
Legislative History:
• First Presentation:
• Second Presentation:
December 11, 2018
• Requested Action: Motion
Staff Report Summary
Business and Regulatory licenses will be renewing in January, and there are a few areas that staff
is proposing to modify to implement some best practices and to make sure the City is getting the
most comprehensive background checks for solicitors, mobile food vendors, pawn brokers,
second hand dealers and taxi drivers. RCW 35.21.920 sets forth the rules of state and federal
background checks of license applicants.
Attached are red-line versions of Municipal Code Chapters 5.07, 5.22, 5.36 and 5.40, along with a
new Chapter 5.02 which add a Federal Bureau of Investigation (FBI) background check to the
already existing Washington State Patrol (WSP) check. (The above-referenced RCW indicates
that all background checks requested from the FBI must go through the WSP.)
The police department sets aside times for current licensees to come in for the background
checks, and they have designated December 17th through 19th to assist licensees with renewal.
Because the ordinance wouldn’t be in effect until after the 17th using the normal process, we are
requesting that Council declare an emergency so it can be in effect prior to December 17th. (It
should be noted that the process to the licensee is not different—the information they provide
will just be sent both to WSP and FBI).
Background
The regulatory licenses exist for the safety of our citizens, and Finance collaborated with the
Police Department to improve definitions and requirements in the MLMC. Our background
Page 2 of 2
checks are currently only conducted within Washington State, and the Police Department is
recommending that we add a federal check to the process. The WSP provided suggested
language to include in local ordinances regarding background checks using both WSP and the FBI.
This new language is required by the FBI, and is, therefore, being added as a new section in
Chapter 5—Business Licenses and Regulations, and the above-referenced Municipal Code
chapters are being amended to refer to the new Chapter 5.02 in the areas that require
background checks.
We are also adding language to Chapter 5.36 Solicitors, to add minimum qualifications to receive
a solicitor’s license. We are also specifically stating in all these chapters that the license fee is
non-refundable, primarily because we use the fees to complete the screening process.
Fiscal and Policy Implications
There is not an additional charge for the background check—the current fee structure funds
them.
Options
Option Results
• Adopt the Ordinance The renewal process for 2019 licenses will include
the more extensive background check.
• Do not adopt the Ordinance Since the WSP will not do the FBI background
checks without this local ordinance language, the
more extensive background would not be done
for applicants that come in December.
Staff Recommendation
Staff recommends City Council adopt Ordinance 2917 with an emergency implementation
schedule.
Attachments
A. Ordinance 2917
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Ordinance Business License Title 5 changes 12/6/2018
ORDINANCE NO. 2917
AN ORDINANCE CREATING A NEW CHAPTER 5.02 OF THE MOSES LAKE MUNICIPAL CODE TITLED “STATE AND FEDERAL BACKGROUND CHECK”, A NEW SECTION 5.36.060 TITLED “LICENSE APPLICATION QUALIFICATIONS’, A NEW SECTION 5.36.080 TITLED “VIOLATIONS-ENFORCEMENT-APPEALS”, AND AMENDING SECTIONS 5.07.060, 5.22.020, 5.22.025, 5.36.030, 5.36.040, 5.36.060, 5.36.070,
5.36.090, 5.40.30, AND 5.40.110.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. A new Chapter 5.02 of the Moses Lake Municipal Code titled “State and Federal Background Check” is created as follows:
Chapter 5.02 State and Federal Background Check
Sections: 5.02.010 Regulatory License – Background Checks 5.02.020 Regulatory License – Review of Applicants
5.02.010 Regulatory License – Background Checks: The purpose of this chapter is to review all applicants engaged in the following solicitors, mobile food vendors, pawn brokers, second hand dealers, and taxi drivers to determine the genuineness of all
credentials and documents presented by the applicant and to determine if the applicant
meets the fitness requirements set forth in Section 5.02.020.
5.02.020 Regulatory License – Review of Applicants:
A.Pursuant to RCW 35.21.920, the chief of police (or designee) shall cause to have
performed a state and background check.
B.An applicant, or employee seeking to engage in the occupations of solicitors, mobile foodvenders, pawn brokers, second hand dealers, or taxi drivers shall submit fingerprints to the
City of Moses Lake, which will submit to the Washington State Patrol and the Federal
Bureau of Investigation.
C.Upon receipt of the fingerprints and the appropriate fees, the Washington State Patrol willcompare the subject’s fingerprints against its criminal database and submit the fingerprints
to the Federal Bureau of Investigation for a comparison with records. The results of the
Washington State Patrol and Federal Bureau of Investigation’s check will be returned tothe Moses Lake Police Department.
D.In rendering a fitness determination, the Moses Lake Police department will decide
whether the record subject has been convicted of, or is under pending indictment for, a
crime which bears upon his/her ability or fitness to serve in that capacity. Any prior
conviction of a felony may be considered, along with other factors, in determining
whether a regulatory license should be issued. However, conviction of a felony shall not
be the sole reason for denying a license unless such conviction was within the past ten years and directly relates to the specific occupation, trade, vocation, or business for which the application is made. The presence of any outstanding warrant for the applicant, regardless of jurisdiction or severity of offense, is cause for denial of a license under this
section.
E. Should the record subject seek to receive a copy of, amend, or correct his/her record, he/she must contact the Washington State Patrol for a Washington state record or the Federal Bureau of Investigation for records from other jurisdictions maintained in its file.
Section 2. Section 5.07.060 of the Moses Lake Municipal Code titled “Fees” is amended as follows:
5.07.060 Fees:
A. An initial application fee shall be assessed in accordance with the adopted fee schedule
and will be submitted with all applications for each vehicle, conveyance, or stand. The
renewal fee for a mobile or street vendor license shall be the same as a standard business license, provided there has been no interruption in maintaining the mobile or street vendor licenses of the vehicles, conveyances, or stands.
B. Any license issued under the provisions of this chapter shall expire December 31st of the
year it is issued. C. In addition to the application fee, the applicant shall pay an annual fee which shall be assessed in accordance with the adopted fee schedule to help defray the cost of screening
the applicant for the license. All applicants will be subject to a background check as set
forth in Chapter 5.02.
Section 3. Section 5.22.020 of the MLMC titled “Application and Fee” is amended as follows:
5.22.020 Initial Application and Fee:
For the purpose of this section, the application fee shall apply to those pawnbrokers and secondhand dealers, as defined by RCW 19.60.010 and which includes employees that deal with firearms, precious metals, gem stones, electronics, tools, and artwork. Application for a business license under this chapter shall be in writing filed with the Finance Department on forms furnished by the City and shall be accompanied by a fee as assessed in accordance with the
adopted fee schedule to help defray the costs of screening any applicant for a license. The application shall be referred to the Police Department for review. All owners and employees are subject to a background check as set forth in Chapter 5.02. The application, together with the Police Department’s recommendation shall be forwarded to the City Council for its consideration. If the City Council approves the application it may, by resolution, direct the issuance of the
license by the Finance Director.
Section 4. Section 5.22.025 of the Moses Lake Municipal Code titled “Business License” is
amended as follows:
5.22.025 Business License:
A. Each pawnbroker or secondhand dealer will be required to obtain a business license as set forth in Moses Lake Municipal Code Chapter 5.04. B. All licenses shall expire on the 31st day of December of each year and no reduction in fee
for such licenses shall be made for any partial year. No license shall be transferable. All licenses will be renewed through the Finance Director with payment of the yearly license fee upon completion of a background check for all owners and employees pursuant to Chapter 5.02.
Section 5. Section 5.36.30 of the Moses Lake Municipal Code titled “Business License” is amended as follow
5.36.020 Business License:
A. Each solicitor who is self- employed and each company or firm employing solicitors will be required to obtain a business license as set forth in Moses Lake Municipal Code Chapter 5.04.
B. All licenses shall expire on the thirty-first day of December of each year and no reduction
in fee for such licenses shall be made for any partial year. No license shall be transferable and license fees are non-refundable. All licenses will be renewed through the Finance Director with the payment of the yearly fee.
Section 6. Section 5.36.040 of the Moses Lake Municipal Code titled “Investigation and Fee” is amended as follows:
5.36.040 Investigation and Fee: An investigation fee as assessed in accordance with the
adopted fee schedule shall be paid to the City by each applicant for a solicitor's permit. The fee shall be paid to the Finance Director for deposit in the General Fund and used to defer the cost of any investigation made of the applicant. Fingerprinting costs are included in the applicant review fee. Each application for a solicitor's permit shall be processed for approval by the Police Chief of the City. "Fee" and "investigation", as used in this chapter, refer solely to individuals and not to
firms and each individual person applying for a solicitor's permit shall be required to pay the fees, complete the application, and submit to investigation as may be required in this chapter pursuant to Chapter 5.02.
Section 7. A new section 5.36.060 of the Moses Lake Municipal Code titled “License Application Qualification” is created as follows:
5.36.060 License Application Qualification: An identification card or a solicitor’s license may not be issued by the Police Chief or a member of the Administration Department
unless the applicant meets all of the following requirements:
A. Is at least eighteen (18) years of age.
B. Is able to speak, read, and write the English language.
C.Is not addicted to the use of intoxicating liquors or drugs.
D.Has been approved by the Moses lake Police Department after completion of a
background check as set forth in 5.02.020.
E.Has a valid identification card or driver’s license.
xxxxxxx Section 8. Section 5.36.070 of the Moses Lake Municipal Code titled “Issuance of Permit” is amended as follows:
5.36.070 Issuance of Permit: If the Police Chief determines that the facts set forth in the application are true, that such solicitor has not been convicted of a felony or crime involving
offences related to but not limited to theft, violent crimes, fraud, and dealing in stolen property,
moral turpitude and that he/she proposes to engage in a lawful and legitimate commercial enterprise, the Police Chief shall then approve the application and the Finance Director may thereafter issue the permit applied for.
A.A solicitor shall have ten (10) days to pick up their permit after date of issuance. Anypermit that is not picked up within said time will be voided.
B.A solicitor cannot conduct any business until he/she is issued a permit.
Section 9. A new section 5.36.080 of the Moses Lake Municipal Code titled “Violations-Enforcement-Appeals” is created as follows:
5.36.080 Violations-Enforcement-Appeals
A.When the Police Chief or member of the Administration Department determines that
a violation of this chapter exists, he or she may proceed against the violator using theprocedures provided for in Chapter 1.20 MLMC.
B.Appeals: Any enforcement taken by the Police Chief or the Finance Director shall beappealable as provided for in Chapter 1.20 MLMC, with the informal administrativeappeal authorized by section 1.20.120 to the Ffinance Ddirector.
Section 10. Section 5.36.090 of the Moses Lake Municipal Code titled “Revocation” is amended as follows:
5.36.090 Revocation: Any such permit may be revoked by the Police Chief or a member of the Administration Department for any violation of the ordinances of the City, laws of the state, or laws of the United States, or for numerous complaints made by the public. Notice of revocation or notice of refusal to issue a permit shall be sent to the licensee or prospective licensee specifying the grounds for revocation or refusal. The licensee or prospective licensee may file a notice of
appeal with the Police Chief within ten days of receipt of a notice of revocation or refusal to issue. If
timely, the hearing on the notice of appeal shall be the next regularly scheduled City Council meeting.
Section 11. Section 5.40.030 of the Moses Lake Municipal Code titled “License Required” is
amended as follows:
5.40.030 License Required: It is unlawful for any person, firm, or corporation to operate a
taxicab upon the streets of the City of Moses Lake without being the holder of a valid existing
license issued under the provisions of this chapter; provided, however, that a taxicab company may employ a taxicab driver for a grace period of up to three weeks pending the issuance or denial of his license and identification card on the following conditions:
A. That the proper application for an identification card has been made to the Police Chief. B. That the applicant has paid the required fee for a record background check. C. That a records check performed at the time of application, indicated that there was nothing
on file with records sources that would disqualify the application. That the applicant has
been approved by the Moses Lake Police Department after completion of a background check pursuant to Chapter 5.02. Section 12. Section 5.40.110 of the Moses Lake Municipal Code titled “Business License” is
amended as follows:
5.40.110 Business License:
A. Each taxicab company will be required to obtain a business license as set forth in Moses
Lake Municipal Code Chapter 5.04. B. All licenses shall expire on the 31st day of December of each year and no reduction in the fee for such licenses shall be made for any partial year. No license shall be transferable and licenses are non-refundable. All licenses will be renewed through the
Finance Director with the payment of the yearly fees.
Section 13. 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 14. Effective date. Pursuant to RCW 35A.13.190, the City Council declares this is a public emergency ordinance necessary for the protection of public health, safety, property, or peace and
has passed this ordinance on a single reading with a majority plus one of the whole membership of
the Council voting in favor of passage with the ordinance taking effect immediately upon passage. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on December 11, 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: December 17, 2018 Date Effective: December 11, 2018