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2017 01 24__________________________________________________________________________________________________ _________________________________________________________________________________________________ Moses Lake City Council Todd Voth, Mayor | Karen Liebrecht, Deputy Mayor | Bill Ecret, Council Member | Ryann Leonard, Council Member | David Curnel, Council Member | Don Myer, Council Member | Mike Norman, Council Member January 24, 2017 City Council Meeting Agenda Call to Order – 7:00 pm 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 Executive Secretary. There is a (5) minute time limit per speaker. Consent Agenda 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 Councilmember 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.Approval of Minutes – January 10, 2017 b.Approval Bills and Checks Issued c.Ordinance – Amend MLMC 13.03 Stormwater Utility & Provisions for Rate Structure January 24, 2017, City Council Meeting – Page 2 Old Business #2 Ordinance – Amend MLMC Chapter 1.20 Civil Code Enforcement Motion Presented by Gil Alvarado, Community Dev Dir / Deputy City Manager Summary: Council to review and adopt ordinance as presented #3 Ordinance – Repeal MLMC Chapter 2.46 Tourism Commission Motion Presented by Gil Alvarado, Community Dev Dir / Deputy City Manager Summary: Council to review and adopt ordinance as presented New Business #4 Municipal Services Agreement – Colville Fuels, LLC Motion Presented by Gil Alvarado, Community Dev Dir / Deputy City Manager Summary: Council to Authorize City Manager to Execute Agreement with Colville Fuels, LLC Administrative Report Council Communications and Reports Executive Session Adjournment MOSES LAKE CITY COUNCIL January 10, 2017 The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Voth in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington. Executive Secretary Sophia Guerrero called the roll. The following were: Present: Mayor Todd Voth, Deputy Mayor Karen Liebrecht, and Council members Don Myers, Ryann Leonard, Bill Ecret, David Curnel, and Mike Norman PLEDGE OF ALLEGIANCE: Kaydrien Cervantes, Troop No. 43, led the Council in the pledge of allegiance. MAYOR'S REPORTS PROCLAMATION The proclamation decla~ing the week of January 22 -28, 2017 as Moses Lake School Choice Week was read in its entirety. GRANT COUNTY MOSQUITO CONTROL DISTRICT Mayor Voth requested Council confirmation of the re-appointment of Chris Blessing to the Grant County Mosquito Control District. Action Taken: Council member Leonard moved to confirm the appointment, seconded by Council member Curnel, and passed unanimous[y. GRANT TRANSIT AUTHORITY Mayor Voth requested Council confirmation of the re-appointment of Council member Myers to the Grant Transit Authority. Action Taken: Council member Curnel moved to confirm the re-appointment, seconded by Council member Liebrecht, and passed unanimously. PLANNING COMMISSION Mayor Voth requested Council confirmation of the appointment of Roderick Davis to the Planning Commission. Action Taken: Council member Norman moved to confirm the appointment, seconded by Council member Ecret, and passed unanimously. ADDITIONAL BUSINESS -None CITY MANAGER'S REPORTS SNOW REMOVAL John Williams, City Manager, reminded the Council that it is the City's policy to remove snow on residential streets at a 6" accumulation, which is done by private contractors, and costs between $7,000 and $10,000. The contractors are plowing the residential streets and City staff is concentrating on the arterials and collectors. CITIZEN'S COMMUNICATIONS -None CONSENT AGENDA Minutes: The minutes of the December 27 meeting were presented for approval. CITY COUNCIL MINUTES: 2 January 10, 2017 Approval of Claims, Prepaid Claims, Checks, and Payroll: Vouchers audited and certified by the Finance Director as required by RCW 42.24.080, and those expense reimbursement claims, certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council for approval and is retained for public inspection at the Civic Center. As of January 10, 2017 the Council does approve for payment claims in the amount of $926,901 .59; prepaid claims in the amount of $45,235.72; claim checks in the amount of $1,565,827.66; and payroll in the amount of $357,605.12 Wheeler Corridor Business Park Preliminary Major Plat-Findings of Fact: The Wheeler Corridor Business Park Preliminary Major Plat and Findings of Fact were submitted for approval. This is a one lot plat of 6.99 acres located at 1304 Wheeler Road. The site is zoned L-1, Light Industrial, which corresponds with the underlying Comprehensive Plan Land Use Designation of Industrial. The Planning Commission recommended that the preliminary plat be approved with conditions. Resolution -Abandon Easements: A resolution was presented which abandons three easements located on the Parkview PUD Major Plat located at on Division Street . Ordinance -Amend 19.55 -Comprehensive Plan and Development Regulation Amendments: An ordinance was presented which removes the fees and references them to the approved fee schedule. Action Taken: Council member Ecret moved that the Consent Agenda be approved, seconded by Council member Norman, and passed unanimously. OLD BUSINESS ORDINANCE -AMEND 17.06 -DEFINITIONS An ordinance was presented which changes the definition of a major subdivision by eliminating the 4 acre limit for a major plat. Action Taken: Council member Norman moved that the ordinance be adopted, seconded by Council member Curnel, and passed unanimously. FIRE DEPARTMENT -COST OF SERVICE CONTRACT A contract with Financial Consulting Solutions for the Ambulance Cost of Service and Rate Study was - presented. John Williams, City Manager, explained what is included in the contract. There was some discussion by the Council. Action Taken: Council member Ecret moved that the City Manager be authorized to execute the contract, seconded by Council member Leonard, and passed unanimously. NEW BUSINESS ORDINANCE -REPEAL 2.46 -TOURISM COMMISSION An ordinance was presented which repeals Chapter 2.46, Tourism Commission. John Williams, City Manager, stated that the main function of the Tourism Commission was the adoption of a tourism advertising budget. The City has not adopted a tourism advertising budget in several years, and the allocation of the lodging taxes is now a function of the recently created Lodging Tax Advisory Committee. Since the creation of the Lodging Tax Advisory Committee, the Tourism Commission has become redundant and should be eliminated. ORDINANCE -AMEND 1.20 -CIVIL CODE ENFORCEMENT An ordinance was presented which establishes a graduated civil violation schedule for repeat property owners under the public nuisance provisions of the Municipal Code. CITY COUNCIL MINUTES: 3 January 10, 2017 Gilbert Alvarado, Community Development Director/Deputy City Manager, explained that the proposed changes impact those repeat offences under the public nuisance provisions of the Municipal Code. Katherine Kenison, City Attorney, mentioned that the only substantive change is to the graduated penalty schedule which establishes a tool to deal with the repeat offenders. There was considerable discussion by the Council. ADMINISTRATIVE REPORTS MUNICIPAL SERVICES AGREEMENT -COLVILLE FUELS, LLC Gilbert Alvarado, Community Development Director/Deputy City Manager, reported on the progress of the Colville Tribes' development and mentioned that the revenue will be no different than from any other store that would have been developed. COUNCIL COMMUNICATIONS AND REPORTS-None EXECUTIVE SESSION -None ADJOURNMENT: The regular meeting was adjourned at 8:02 p.m. ATTEST Todd Voth, Mayor W. Robert Taylor,· Finance Director DATE 1/13/17 TIME 10:59:34 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G LAKE T 0 B E A P P R 0 V E D 0 F 01/24/2017 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= HOME DEPOT CREDIT SERVICES 00007824 0000079846 9.69 MISC SUPPLIES ====================== TOTAL: 9.69 REGAL AVIATION INSURANCE 00007175 0000079845 1,838.00 LIABILITY INSURANCE ====================== TOTAL: 1,838.00 ============================= REPORT TOTAL: 1,847.69 DATE FRI, JAN 13, 2017, 10:59 AM TIME 10:59:35 C I T Y 0 F M 0 S E S L A K E TABULATION OF CLAIMS TO COUNCIL MEETING OF BE APPROVED 01/24/2017 TOTALS BY FUND FUND NO 410 495 WATER/SEWER AIRPORT FUND NAME TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW VEND NO. P. 0. NO. AMT LISTED CORRECTED AMT CORRECT AMOUNT TO BE PAID AMOUNT 9.69 1,838.00 1,847.69 ACTION TO BE TAKEN TOTALS PAGE XAPPRVD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CLAIMS APPROVAL * * * * WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE * * OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED , AS NOTED, FOR PAYMENT * * IN THE AMOUNT OF $1,847.69 THIS 24TH DAY OF JANUARY, 2017 * * * * * * * * COUNCIL MEMBER COUNCIL MEMBER * * * * * * * * COUNCIL MEMBER FINANCE DIRECTOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DATE 1/19/17 TIME 11:03:48 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN C I L M E E T I NG 0 F 01/24/2017 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= DATABAR 00007974 0000079890 432.40 MAIL UI'ILITY BILLS 0000079890 432.40 MAIL UI'ILITY BILLS 0000079890 432.40 MAIL UI'ILITY BILLS 0000079890 432.39 MAIL UI'ILITY BILLS 0000079890 432.40 MAIL Ul'ILITY BILLS ====================== TOTAL: 2, 161. 99 PUD OF GRANT COUNTY 00001501 0000079849 1,220.08 ELECTRIC SERVICE 0000079849 21. 42 ELECTRIC SERVICE 0000079849 544.93 ELECTRIC SERVICE 0000079849 298.81 ELECTRIC SERVICE 0000079852 2,446.55 ELEC SERVICE/ST LIGHTS 0000079849 36.96 ELECTRIC SERVICE 0000079849 2,973 .35 ELECTRIC SERVICE 0000079849 26.22 ELECTRIC SERVICE 0000079849 1,523.48 ELECTRIC SERVICE 0000079849 394.01 ELECTRIC SERVICE 0000079849 101.18 ELECTRIC SERVICE 0000079849 165.94 ELECTRIC SERVICE 0000079849 27.24 ELECTRIC SERVICE 0000079849 1,443.30 ELECTRIC SERVICE 0000079849 243.08 ELECTRIC SERVICE 0000079852 38 ,439.56 ELEC SERVICE/ST LIGHTS 0000079849 13,018.94 ELECTRIC SERVICE DATE 1/19/17 TIME 11: 03 :48 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E E T I N G 0 F 01/24/2017 Expenditure Account PAGE 2 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000079849 12,495.60 0000079849 174.03 0000079849 3,131.86 0000079849 984.79 0000079849 1,414.52 0000079849 3,044.05 ====================== TOTAL: 84,169.90 UMPQUA BANK 00007077 0000079915 125.83 0000079915 95.00 0000079836 8.93 0000079915 326.01 0000079844 14.58 0000079912 1,073.00 0000079912 14 .00 0000079912 537.78 0000079912 161. 44 0000079912 89.52 0000079912 1,049.91 0000079912 332.30 0000079837 239.79 0000079837 80.63 0000079837 2,222.35 0000079837 -100.00 ELECTRIC SERVICE ELECTRIC SERVICE ELECTRIC SERVICE ELECTRIC SERVICE ELECTRIC SERVICE ELECTRIC SERVICE MISC MISC WELLNESS & BREAK ROOM SUPPLIES MISC MISC SUPPLIES/TRAVEL/LICENSE MISCELLANEOUS MISCELLANEOUS MISCELLANEOUS MISCELLANEOUS DATE 1/19/17 TIME 11: 03: 48 NAME OF VENDOR Department C ITY OF MOSES LAKE TABULATION OF CLA IMS TO BE APPROVED C 0 UN C I L M E E T I N G 0 F 01/24/2017 Expenditure Account PAGE 3 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000079911 0000079908 0000079905 0000079908 0000079911 0000079908 0000079915 0000079837 0000079837 0000079912 0000079912 0000079912 0000079844 0000079844 0000079908 0000079911 0000079906 0000079908 0000079856 0000079837 0000079844 386.90 84.94 248.13 16.67 640.29 162.03 75.01 8,960.00 420.29 428.57 652.94 857.10 14.32 80.00 16.67 860 .64 10.68 162.03 91.70 98.50 194.09 <. CREDIT PURCHASES / DECEMBER CREDIT PURCHASES / DECEMBER T & S / FIRE & TRAINING CREDIT PURCHASES / DECEMBER CREDIT PURCHASES / DECEMBER CREDIT PURCHASES / DECEMBER MISC MISCELLANEOUS MISCELLANEOUS MISC SUPPLIES/TRAVEL/LICENSE MISC SUPPLIES/TRAVEL/LICENSE CREDIT PURCHASES / DECEMBER CREDIT PURCHASES / DECEMBER CREDIT PURCHASES / DECEMBER CREDIT PURCHASES / DECEMBER ETHERNET SWITCH MISCELLANEOUS MISC SUPPLIES/TRAVEL/LICENSE DATE 1/19/17 TIME 11:03:48 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 01/24/2017 Expenditure Account PAGE 4 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= UMPQUA BANK 00007077 0000079844 0000079844 16.29 49.75 ====================== TOTAL: 20,798.61 ============================= REPORT TOTAL: 107, 130. 50 MISC SUPPLIES/TRAVEL/LICENSE MISC SUPPLIES/TRAVEL/LICENSE DATE THU, JAN 19, 2017, 11:03 AM TIME 11:03:51 TOTALS BY FUND FUND NO C I T Y TABULATION C 0 U N C I L FUND NAME 0 F M 0 S E S L A K E 0 F C L A I M S T 0 M E E T I N G 0 F BE APPROVED 01/24/2017 AMOUNT ------------------------------------------------------------- 000 GENERAL FUND 19,108.51 103 GRANTS AND DONATIONS 11,318.90 116 STREET 38,682.64 410 WATER/SEWER 26,473.66 490 SANITATION 432.40 493 STORM WATER 432.39 495 AIRPORT 174.03 498 AMBULANCE FUND 1,482.42 517 CENTRAL SERVICES 91.70 519 EQUIPMENT RENTAL 358.63 528 BUILD MAINTENANCE 8,575.22 TOTAL 107,130.50 CHANGES TO BE MADE SHOULD BE LISTED BELOW VEND NO. P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTALS PAGE XAPPRVD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CLAIMS APPROVAL * * * WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE · * * OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT * * IN THE AMOUNT OF $107,130.50 THIS 24TH DAY OF JANUARY, 2017 * * * * * * . ''.' '' .. '.' .. ''.' '.' .. '. ''.'.'.'.'. ''. ' ... ' .. ' .. ' .. '. '. . ' .. ' .. ' '. ' .. ' .. ' .. ' .. '. ''.'. '''. '' .. ' ... ' .. ' ''' .. '. '' * * COUNCIL MEMBER COUNCIL •MEMBER * * * * * * * * COUNCIL MEMBER FINANCE DIRECTOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DATE 1/20/17 TIME 10:18:51 LAKE PAGE 1 XAPPRVD CITY OF MOSES T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 01/24/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= A & H PRINTERS 00000001 A B C HYDRAULICS 00006611 AS CAP 00004117 ALISON GOODING 00007371 ALLISON PALUMBO 00005322 AMERICAN LINEN 00004927 AMERICAN WATER WORKS ASSOC 00000009 AMERISTAY INN & SUITES 00004371 ANNE HENNING 00006009 ARIKA LOEFFLER 00006430 ASSOC OF WASHINGTON CITIES 00000006 AWC/WORKERS COMP RETRO PROG 00005796 0000079855 30.21 ====================== TOTAL: 30 .21 0000079878 124.35 ====================== TOTAL: 124.35 0000079754 341. 00 ====================== TOTAL: 341. 00 0000079780 22.40 ====================== TOTAL: 22.40 0000079811 100.00 ====================== TOTAL: 100 .00 0000079750 668.59 ====================== TOTAL: 668.59 0000079742 1,968.00 ====================== TOTAL: 1,968.00 0000079764 169.24 ====================== TOTAL: 169 .24 0000079787 26.86 ====================== TOTAL: 26.86 0000079875 88.00 TOTAL: 88.00 0000079866 15,525.00 ====================== TOTAL: 0000079861 0000079861 15,525.00 19.60 84.95 FOLDING BUSINESS LIC LETTERS MISC SUPPLIES 2017 CONCERT LICENSE FEE MAC CONSIGNMENT SALES MAC PRESENTER HONORARIUM LINEN SERVICES 2017 UTILITY APPLICATION MAC PRESENTER LODGING MAC CONSIGNMENT SALES KINDERMUSIK PRGM INSTRUCTION MEMBERSHIP FEE WORKERS COMP RETRO PROG SERV WORKERS COMP RETRO PROG SERV DATE 1/20/17 TIME 10:18:51 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E E T I N G 0 F 01/24/2017 Expenditure Account PAGE 2 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= AWC/WORKERS COMP RETRO PROG 00005796 0000079861 124.16 WORKERS COMP RETRO PROG SERV 0000079861 751. 4 7 WORKERS COMP RETRO PROG SERV 0000079861 1,215.43 WORKERS COMP RETRO PROG SERV 0000079861 4,998.94 WO~KERS COMP RETRO PROG SERV 0000079861 4,423.90 WORKERS COMP RETRO PROG SERV 0000079861 3,561.34 WORKERS COMP RETRO PROG SERV 0000079861 633.85 WORKERS COMP RETRO PROG SERV 0000079861 1,339.58 WORKERS COMP RETRO PROG SERV 0000079861 1,228.50 WORKERS COMP RETRO PROG SERV 0000079861 176 .43 WORKERS COMP RETRO PROG SERV 0000079861 150.29 WORKERS COMP RETRO PROG SERV 0000079861 26.14 WORKERS COMP RETRO PROG SERV 0000079861 470.49 WORKERS COMP RETRO PROG SERV 0000079861 3,156.19 WORKERS COMP RETRO PROG SERV 0000079861 39.21 WORKERS COMP RETRO PROG SERV 0000079861 575.04 WORKERS COMP RETRO PROG SERV 0000079861 1,156.62 WORKERS COMP RETRO PROG SERV ====================== TOTAL: 24,132.13 BM I 00007537 0000079810 342.00 2017 CONCERT LICENSE FEE ====================== TOTAL: 342.00 BANK OF THE WEST 00007547 0000079898 1,283 .04 VIDEO SYSTEM LEASE PYMT/FEB 0000079898 262.91 VIDEO SYSTEM LEASE PYMT/FEB ====================== TOTAL: 1,545 .95 BARBARA HARRIS 000043 72 0000079785 61. 60 MAC CONSIGNMENT SALES DATE 1/20/17 TIME 10:18:51 C I T Y 0 F M 0 S E S L A K E PAGE 3 XAPPRVD T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN C I L M E ET I NG 0 F 01/24/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= BARBARA NICKERSON 00007028 BASIN LOCK & SECURITY 00003714 BASIN PROPANE LLC 00007006 BASIN SEPTIC SERVICES 00000166 BATTERY SYSTEMS INC 00004673 BENNYE RUSHTON 00004923 BETTY JOHANSEN 00004610 BOUND TREE MEDICAL LLC 00006022 BRENTS AUTOMATIC TRANS SERVICE 00006783 BUD CLARY FORD 00006454 BUSINESS INTERIORS & EQUIPMENT 00003619 ====================== TOTAL: 61. 60 0000079798 35. 70 ====================== TOTAL: 0000079821 0000079835 0000079889 35. 70 480.00 43.16 32.23 ====================== TOTAL: 555.39 0000079818 84.27 ====================== TOTAL: 84.27 0000079841 1,221.10 ====================== TOTAL: 0000079900 0000079900 1,221.10 15.28 15.28 ====================== TOTAL: 30.56 0000079802 11.90 ====================== TOTAL: 11. 90 0000079790 108.85 ====================== TOTAL: 108.85 0000079747 5,290.08 ====================== TOTAL: 5,290.08 0000079877 194 .22 ====================== TOTAL: 194 .22 0000079738 594 .39 ====================== TOTAL: 594.39 MAC CONSIGNMENT SALES MONITORING SUPPLIES KEYS/KEY CAPS PROPANE MISC SUPPLIES BATTERIES BATTERIES MAC CONSIGNMENT SALES MAC CONSIGNMENT SALES SERVICE TRANSMISSION MISC REPAIR DATE 1/20/17 TIME 10: 18: 51 NAME OF VENDOR Department C I TY OF MOSES LAKE T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 01/24/2017 Expendi ture Account PAGE 4 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CAROL CROSS 00004253 CASCADE ANALYTICAL INC 0000 5014 CASCADE NATURAL GAS CORP 00000203 CEDAR STREET CLEANERS 00004655 CHAMBER OF COMMERCE 00002627 CITY OF MOSES LAKE 00008201 00008107 00008201 0000079867 TOTAL: 000007~773 TOTAL: 0000079839 0000079839 1,122.14 1,122.14 255.50 255 .50 226.60 339 .28 ====================== TOTAL: 0000079897 0000079897 TOTAL: 0000079880 0000079901 565.88 '1,055.52 1,257.89 2,313.41 485 .52 28 .06 ====================== TOTAL: 513. 58 0000079864 5,500.00 ====================== TOTAL: 5,500.00 0000079847 336.37 0000079847 774 . 68 ====================== TOTAL: 1,111.05 0000079909 22 .. 66 0000079909 74. 77 0000079909 .10 0000079909 1.46 ====================== TOTAL: 0000079847 0000079847 98.99 279.06 130. 25 NEW DESK MAC CONSIGNMENT SALES SAMPLE TESTING SAMPLE TESTING NAT GAS SERVICE NAT GAS SERVICE UNIFORM MAINTENANCE UNIFORM ALTERATIONS ANNUAL MEMBERSHIP WATER SERVICE WATER SERVICE EXCISE TAA/DEC EXCISE TAA/DEC EXCISE TAA/DEC EXCISE TAA/DEC WATER SERVICE WATER SERVICE DATE 1/20/17 TIME 10:18:51 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A 8 U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 8 E A P P R 0 V E D 0 F 01/24/2017 Expenditure Account PAGE 5 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CITY OF MOSES LAKE 00008201 0000079899 306.03 WATER SERVICE ====================== TOTAL: 715. 34 00008107 0000079909 74.23 EXCISE TAX/DEC 0000079909 1.03 EXCISE TAX/DEC 0000079909 69.93 EXCISE TAX/DEC 0000079909 30.02 EXCISE TAX/DEC 0000079909 334.02 EXCISE TAX/DEC 0000079909 237 .00 EXCISE TAX/DEC 0000079909 2.49 EXCISE TAX/DEC 0000079909 5.13 EXCISE TAX/DEC 0000079909 2.88 EXCISE TAX/DEC ====================== TOTAL: 756.73 00008201 0000079847 192.14 WATER SERVICE ====================== TOTAL: 192 .14 00008107 0000079909 1,618.32 EXCISE TAX/DEC ====================== TOTAL: 1,618.32 00008201 0000079899 2, 751.33 WATER SERVICE ====================== TOTAL: 2, 751.33 00008107 0000079909 18 ,252.64 EXCISE TAX/DEC 0000079909 7,473.31 EXCISE TAX/DEC 0000079909 2, 770.09 EXCISE TAX/DEC 0000079909 17,249.09 EXCISE TAX/DEC ====================== TOTAL: 45,74 5.13 00008201 0000079847 1,16~.78 WATER SERVICE DATE 1/20/17 TIME 10:18:51 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN C I L M E ET I NG 0 F 01/24/2017 Expenditure Account PAGE 6 XAPPRVD VENDOR NO Object Description P.O. Number P.O . .Amount Purpose of Purchase ======================================================================================================================= ====================== TOTAL: 1,165.78 00008107 0000079909 1,113.49 EXCISE TAX/DEC ====================== TOTAL: 1,113.49 00008201 0000079847 155.08 WATER SERVICE ====================== TOTAL: 155.08 00008107 0000079909 2,165 .23 EXCISE TAX/DEC 0000079909 185.81 EXCISE TAX/DEC 0000079909 248.15 EXCISE TAX/DEC 0000079909 13.29 EXCISE TAX/DEC 0000079909 75.93 EXCISE TAX/DEC 0000079909 49 .11 EXCISE TAX/DEC ====================== TOTAL: 2,737.52 00008201 0000079847 285.34 WATER SERVICE 0000079847 650 .81 WATER SERVICE 0000079847 359.54 WATER SERVICE 0000079899 164.45 WATER SERVICE 0000079847 363.61 WATER SERVICE 0000079847 791. 34 WATER SERVICE 0000079847 173.12 WATER SERVICE 0000079847 98.82 WATER SERVICE ====================== TOTAL: 2,887.03 COLUMBIA BASIN PUBLISHING CO 00000210 0000079892 150.21 PUBLICATIONS 0000079756 228 .10 REC PROGRAM ADVERTISING 0000079756 228.10 REC PROGRAM ADVERTISING DATE 1/20/17 TIME 10:18:51 LAKE PAGE 7. XAPPRVD C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 01/24/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CONSOLIDATED ELECTRIC DIST 00000819 CORNELL W CLAYTON 00003288 CROWN PAPER & JANITORIAL 00007120 DAKOTA SMITH 00006782 DEBORAH GOODRICH CHITTENDEN 00004888 DEE DEE DRESSEN 00004473 DEPARTMENT OF AGRICULTURE 00004677 DEPT OF AGRICULTURE 00007919 DEPT OF ENTERPRISE SERVICES 00002827 DORITA GRAY 00007083 E F RECOVERY 00007244 0000079832 144. 72 ====================== TOTAL: 751.13 0000079886 83.19 ====================== TOTAL: 83 .19 0000079755 142.00 ====================== TOTAL: 142.00 0000079885 1,356.17 ====================== TOTAL: 1,356.17 0000079804 9.10 ====================== TOTAL: 9.10 0000079781 68 .11 ====================== TOTAL: 68 .. 11 0000079777 25.20 ====================== TOTAL: 25.20 0000079828 16.80 ====================== TOTAL: 16.80 0000079765 25.00 ====================== TOTAL: 25.00 0000079827 600.00 ====================== TOTAL: 600.00 0000079782 12 .95 ====================== TOTAL: 0000079746 0000079746 0000079746 12.95 4,020 .50 1,498.20 105.28 ADVERTISING MISC SUPPLIES MAC PRESENTER MILEAGE JANITORIAL SUPPLIES MAC CONSIGNMENT SALES MAC CONSIGNMENT SALES MAC CONSIGNMENT SALES SMALL SCALE INSPECTION TESTING FEE ADMINISTRATIVE FEE MAC CONSIGNMENT SALES EPCR HOSTING / NOVEMBER EPCR HOSTING / NOVEMBER EPCR HOSTING / NOVEMBER DATE 1/20/17 TIME 10:18:51 LAKE PAGE 8 XAPPRVD C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 01/24/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O . Number P.O. Amount Purpose of Purchase ======================================================================================================================= ELIZABE.'I'H GRIMSRUD 00006152 EPHRATA SPORTSMENS ASSOC 00007280 EVERGREEN RURAL WATER OF WA 00006741 . FASTENAL COMPANY 00007372 FERRELLGAS 00002207 FOOD SERVICES OF AMERICA 00007168 FRANCES L WOOD 00004012 GRAINGER PARTS OPERATIONS 00002755 GRANT CO SOLID WASTE DEPT 00000640 GRANT COUNTY ANIMAL OUTREACH 00003387 TOTAL: 5,623.98 0000079783 105.00 ====================== TOTAL: 0000079830 0000079830 TOTAL: 0000079739 TOTAL: 0000079740 0000079740 105.00 300 .00 300.00 600.00 700.00 700.00 90.55 114. 53 ====================== TOTAL: 205 .08 0000079850 40.78 ====================== TOTAL: 40.78 0000079813 55.23 ====================== TOTAL: 55.23 0000079809 51. 68 ====================== TOTAL: 0000079887 0000079887 0000079887 51.68 38 .84 274.49 366.43 ====================== TOTAL: 679.76 0000079857 15,984.47 ====================== TOTAL: 15,984.47 0000079871 25,000.00 MAC CONSIGNMENT SALES MEMBERSHIP MEMBERSHIP MEMBERSHIP DUES MISC SUPPLIES MISC SUPPLIES DOCK CYLINDERS HOLIDAY SHOW SUPPLIES MAC CONSIGNMENT SALES MISC SUPPLIES/FILTERS MISC SUPPLIES/FILTERS MISC SUPPLIES/FILTERS LANDFILL DUMPING FEES FIRST HALF 2017 PAYMENT DATE 1/20/17 TIME 10:18:51 LAKE PAGE 9 XAPPRVD C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 01/24/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= GRANT COUNTY DISTRICT COURT 00007843 GRANT COUNTY HEALTH DISTRICT 00000614 GRANT/ADAMS UTILITY COUNCIL 00000625 HANK LANGEMAN 00006006 HOLLY L. STOCKTON 00008041 IBS INC 00004860 INTL ASSOC OF POLICE CHIEFS 00000803 ITRON 00006106 JAN COOK MACK 00005821 JERRYS AUTO SUPPLY 00005835 ====================== TOTAL: 25,000.00 0000079862 1,500.00 TOTAL: 1,500.00 0000079888 592.00 ====================== TOTAL: 0000079824 000007982 4 0000079824 TOTAL: 0000079793 592.00 50.00 50.00 50.00 150.00 21.70 ====================== TOTAL : 21. 70 0000079806 9.80 ====================== TOTAL: 9.80 0000079851 1,370.07 ====================== TOTAL: 1,370.07 0000079831 150 .00 ====================== TOTAL: 0000079863 0000079863 150.00 781.30 878.00 ====================== TOTAL: 1,659.30 0000079772 11.20 ====================== TOTAL: 0000079903 0000079741 11.20 5.38 865. 35 MUNI COURT SHARED COSTS 2017 SNS FACILITY PERMIT FEE MEMBERSHIP DUES MEMBERSHIP DUES MEMBERSHIP DUES MAC CONSIGNMENT SALES MAC CONSIGNMENT SALES MISC SUPPLIES MEMBERSHIP MAINT AGREE/METER READ SYS MAINT AGREE/METER READ SYS MAC CONSIGNMENT SALES MISC FIRE SUPPLIES MISC SUPPLIES DATE 1/20/17 TIME 10:18:51 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G L A K E T 0 B E A P P R 0 V E D 0 F 01/2 4/2017 Expenditure Account PAGE 10 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= JOHN S BARANY 00007528 JOHN W LAWTON 00007728 KAMAN FLUID POWER LLC 00001302 KATHERINE DA SILVA 00005870 KATHERINE L KENISON PS 00006980 KATHLEEN PARR & JOHN CHURCH 00004687 KIM WHEATON 00007002 KONE INC 00006438 KONICA MINOLTA BUSINESS SOL 00007194 KRIS CHUDOMELKA 00007058 L N CURTIS & SONS 00003000 LEE ANN ST CLAIR 00007066 ====================== TOTAL: 870.73 0000079768 17.50 ====================== TOTAL: 17 .so 0000079794 28.35 ====================== TOTAL: 28.35 0000079748 156.62 ====================== TOTAL: 156.62 0000079774 14. 00 ====================== TOTAL: 14.00 0000079919 11,360.00 ====================== TOTAL: 11,360.00 0000079799 141. 98 ====================== TOTAL: 141. 98 0000079796 44.80 ====================== TOTAL: 0000079884 0000079884 44.80 65.35 371.47 ====================== TOTAL: 436.82 0000079858 64.30 ====================== TOTAL: 64.30 0000079771 108.50 TOTAL: 108.50 0000079834 227.31 ====================== TOTAL: 22 7.31 MAC CONSIGNMENT SALES MAC CONSIGNMENT SALES MISC SUPPLIES MAC CONSIGNMENT SALES CONTRACT PAYMENT MAC CONSIGNMENT SALES MAC CONSIGNMENT SALES ELEVATOR MAINTENANCE ELEVATOR MAINTENANCE MAINT AGREE/CH COPIER MAC CONSIGNMENT SALES VESTS DATE 1/20/17 TIME 10:18:51 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN C I L M E ET I NG 0 F 01/24/2017 Expenditure Account PAGE 11 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000079805 2.10 MAC CONSIGNMENT SALES ====================== TOTAL: 2.10 LIBBY EASTMON SULLIVAN 00006721 0000079807 59.50 MAC CONSIGNMENT SALES ====================== TOTAL: 59.50 LOVETA BOYCE 00006932 0000079769 17.50 MAC CONSIGNMENT SALES ====================== TOTAL: 17.50 MARK AMARA 00006796 0000079767 175 .20 MAC CONSIGNMENT SALES ====================== TOTAL: 175.20 MARTIN SCHEMPP 00004830 0000079803 29 .40 MAC CONSIGNMENT SALES ====================== TOTAL: 29 .40 MARY LAKE 00005544 0000079792 7.00 MAC CONSIGNMENT SALES ====================== TOTAL: 7.00 MATT DASCHEL 00006955 0000079775 3.49 MAC CONSIGNMENT SALES ====================== TOTAL: 3 .49 MEGHANNE DAVIS 00007710 0000079776 64.40 MAC CONSIGNMENT SALES ====================== TOTAL: 64.40 MERLE HARDY 00006845 0000079784 63.00 MAC CONSIGNMENT SALES ====================== TOTAL: 63 .00 MOMAR INC 00001248 0000079904 298 .41 WASTEWATER SALT GUARD ====================== TOTAL: 298.41 MOON SECURITY SERVICES INC 00006510 0000079822 51.50 MONTHLY MONITORING ====================== TOTAL: 51.50 MOSES LAKE SOCCER TOTS 00007063 0000079848 448.00 SOCCERTOTS PROGRAM INSTRUcrION ====================== TOTAL: 448.00 MOSES LAKE STEEL SUPPLY 00001268 0000079766 175.53 MISC SUPPLIES DATE 1/20/17 TIME 10:18:51 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G LAKE T 0 B E A P P R 0 V E D 0 F 01/24/2017 Expenditure Account PAGE 12 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= MOSES LAKE WRESTLING CLUB 00005156 MULTI AGENCY COMM CENTER E911 00006695 NPELRA 00005207 NIK PENNY 00006921 NORCO ENTERPRISES INC 00006590 NORTHSTAR CHEMICAL INC 00006113 OLIVER PETER-CONTESSE 00006533 PATRICK FLEMING 00007316 PORT OF MOSES LAKE-EFT 00007334 QUILL CORPORATION 00004811 ====================== TOTAL: 175.53 0000079812 1,111.08 ====================== TOTAL: 0000079825 0000079745 0000079745 TOTAL: 0000079865 42,736.07 1,040.64 7,560.89 200 .00 ====================== TOTAL: 200.00 0000079800 2.80 ====================== TOTAL: 2.80 0000079753 304. 36 ====================== TOTAL: 304.36 0000079816 ====================== TOTAL: 0000079801 30.1 0 ====================== TOTAL: 30.10 0000079778 79.10 ====================== TOTAL: 79.10 0000079870 50,000.00 ====================== TOTAL: 0000079873 0000079744 0000079744 50,000.00 321. 96 66.88 66.88 MAT MUSCLE PROGRAM INSTRUCTION USER FEE USER FEES / JANUARY USER FEES / JANUARY MEMBERSHIP RENEWAL MAC CONSIGNMENT SALES SODIUM HYPOCHLORITE MAC CONSIGNMENT SALES MAC CONSIGNMENT SALES INTERLOCAL AGREEMENT SUPPLIES/B-L CLERK OFFICE SUPPLIES OFFICE SUPPLIES DATE 1/20/17 TIME 10:18:51 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 01/24/2017 Expenditure Account PAGE 13 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ====================== TOTAL: 455.72 RAYMOND NEFF 00006797 0000079797 17 5.20 MAC CONSIGNMENT SALES ====================== TOTAL: 175.20 REBECCA JONES 00006342 0000079791 50.75 MAC CONSIGNMENT SALES ====================== TOTAL: 50.75 REDFLEX TRAFFIC SYSTEMS 00004837 0000079869 15,507.87 PROF SERV/RED LIGHT TICKETS ====================== TOTAL: 15,507.87 ROBERT HEALE 00004250 0000079786 7.00 MAC CONSIGNMENT SALES ====================== TOTAL: 7.00 ROBOTEX INC 00006589 0000079881 8,100.00 SERVICE ====================== TOTAL: 8,100.00 SAMARITAN HEALTHCARE 00001836 000007975~ 258.00 REG & MEMBERSHIPS / PALS HCP ====================== TOTAL : 258.00 SARA HOFER 00007237 0000079788 67.74 MAC CONSIGNMENT SALES ====================== TOTAL: 67.74 SEA WESTERN INC 00001879 0000079902 14,245.47 FIT TEST MACHINE ====================== TOTAL: 14,245.47 SENIOR OPPORTUNITY & SERVICES 00003961 0000079891 10,750.00 ANNUAL SUPPORT CONTRACT ====================== TOTAL: 10,750.00 SHARI MORLEY 00005807 0000079795 16.80 MAC CONSIGNMENT SALES ====================== TOTAL: 16.80 SHARON GOLDFINE 00007356 0000079779 70.00 MAC CONSIGNMENT SALES ===================~== TOTAL: 70.00 SHAWN CARDWELL 00006655 0000079770 18.20 MAC CONSIGNMENT SALES DATE 1/20/17 TIME 10:18:51 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K .E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN C I L M E E T I NG 0 F 01/24/2017 Expenditure Account PAGE 14 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= SHERWIN-WILLIAMS 00006229 SHIRTBUILDERS INC 00004022 SIGNS NOW 00007051 SIRENNET.COM 00007692 SKAUG BROTHERS GLASS 00004842 SPEcrRUM COMMUNICATIONS 00002691 SPILLJ.iAN DATA SYSTEMS INC 00006674 STATE AUDITORS OFFICE 00003249 SUE INKS, GARDEN GLASS DESIGNS 00004742 SUNTRUST 00007361 ====================== TOTAL: 0000079843 0000079819 18.20 219 .31 127.32 ====================== TOTAL: 346.63 0000079829 321.43 TOTAL : 321. 43 0000079757 51. 80 ====================== TOTAL: 0000079879 0000079879 51.80 76.63 391. 03 ====================== TOTAL: 467.66 0000079758 213. 30 TOTAL: 213.30 0000079833 6,759.94 ====================== TOTAL: 6,759.94 0000079823 10,873.45 ====================== TOTAL: 10,873.45 0000079893 2,226.63 ====================== TOTAL: 2,226.63 0000079789 63.00 ====================== TOTAL: 0000079895 0000079895 0000079895 63.00 111,723.68 3,547.02 1,248.73 MISC SUPPLIES PAINT UNIFORMS VINYL GRAPHICS FOR RC TRACK HOWLER/RADIO FACE PLATES HOWLER/RADIO FACE PLATES CLEAR LAMINATED GLASS RADIO MAINTENANCE FEE GENERAL AUDIT CHARGES MAC CONSIGNMENT SALES #40A LEASE PYMT/2017 #40A LEASE PYMT/2017 #40A LEASE PYMT/2017 DATE 1/20/17 PAGE 15 TIME 10:18:51 XAPPRVD NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN C I L M E E T I NG' 0 F 01/24/2017 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000079895 39.64 #40A LEASE PYMT/2017 ====================== TOTAL: 116,559.07 SUSAN WALPOLE 00006715 0000079808 105.00 MAC CONSIGNMENT SALES ====================== TOTAL: 105.00 TALX UC EXPRESS 00000062 ' 0000079894 375.00 UIC CLAIMS MGMT SERVICE ====================== TOTAL: 375.00 USPS/PB POSTAGE BY PHONE 00007859 0000079868 6,000.00 POSTAG8 FOR MACHINE ====================== TOTAL: 6,000.00 UTIL UNDRGRND LOCATION CENTER 00004598 0000079820 16.77 UNDERGROUND UTILITY LOCATES 0000079820 16.77 UNDERGROUND UTILITY LOCATES 0000079820 16.77 UNDERGROUND UTILITY LOCATES ====================== TOTAL: 50.31 VERIZON WIRELESS 000021 07 0000079860 40.01 AIR CARD SERVICE 0000079860 25.49 AIR CARD SERVICE 0000079860 835.39 AIR CARD SERVICE 0000079860 40.01 AIR CARD SERVICE 0000079860 80.02 AIR CARD SERVICE 0000079860 40.01 AIR CARD SERVICE 0000079860 40.01 AIR CARD SERVICE 0000079860 40.01 AIR CARD SERVICE ====================== TOTAL: 1,140 .95 WA PR 0 00005733 0000079826 25.00 MEMBERSHIP ====================== TOTAL: 25.00 W S L C B 00005083 0000079759 64.00 MAC SPECIAL OCCASION LICENSE ====================== TOTAL: 64.00 DATE 1/20/17 TIME 10:18:51 NAME OF VENDOR Department C I T Y 0 F M 0 S E S TABULATION OF CLAIMS C 0 U N C I L M E E T I N G LAKE T 0 B E A P P R 0 V E D 0 F 01/24/2017 Expenditure Account PAGE 16 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= Z ENGINEERS PLLC 00005614 0000079882 0000079883 350.00 287.50 ====================== TOTAL: 637.50 ============================= REPORT TOTAL: 497,385.73 PROFESS SERV WINONA L/S 2016 PROFESS SERV SND DNS HDWRKS DATE FRI, JAN 20, 2017, 10:18 AM TOTALS PAGE TIME 10:18:52 XAPPRVD C I T Y 0 F M 0 S E S L A K E TABULATION OF CLAIMS TO BE APPROVED C 0 UN C I L MEET ING 0 F 01/24/2017 TOTALS BY FUND FUND NO 000 102 103 116 410 477 490 493 495 498 501 517 519 528 GENERAL FUND TOURISM FUND NAME GRANTS AND DONATIONS STREET WATER/SEWER WATER SEWER CONSTRUCTION SANITATION STORM WATER AIRPORT AMBULANCE FUND UNEMPL COMP INS CENTRAL SERVICES EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW VEND NO. P. 0. NO. AMT LISTED CORRECTED AMT CORRECT AMOUNT TO BE PAID AMOUNT 187,028.24 683.00 16,271.93 2,444.31 91,473.16 637.50 33,259.70 2, 881.54 155.08 25, 109.48 375.00 7,875.28 119,996.55 9,194.96 497,385.73 ACTION TO BE TAKEN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CLAIMS APPROVAL * * * WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE * * OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT * * IN THE AMOUNT OF $497,385.73 THIS 24TH DAY OF JANUARY, 2017 * * * * * * * * COUNCIL MEMBER COUNCIL MEMBER * * * * * * * * COUNCIL MEMBER FINANCE DIRECTOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Shawn O'Brien, Assistant Municipal Services Director January 24, 2017 Motion Ordinance-Amend MLMC 13.03 Stormwater Utility And Provisions For Rate Structure Legislative History: January 24, 2017 Single Reading -Motion The attached ordinance removes the appeal review fee listed in Municipal Code 13.03.050 and references the approved fee schedule. Background No changes are proposed to the review fee. The City Council approved the Amended 2017 Fee Schedule, which includes the appeal review fee. Fiscal and Policy Implications None Page 1of2 Options Option Results • Approve the ordinance. The fee will be deleted from MLMC 13.03. • Do not approve the ordinance. The fee will remain in MLMC 13.03. Staff Recommendation Staff recommends that City Council move to adopt the ordinance as presented. Attachments I A. I Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • None Page 2 of 2 ORDINANCE NO. 2856 AN ORDINANCE AMENDING CHAPTER 13.03 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "STORMWATER UTILITY AND PROVISIONS FOR RATE STRUCTURE" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 13.03 of the Moses Lake Municipal Code entitled "Stormwater Utility and Provisions for Rate Structure" is amended as follows: 13.03.050 Appeal of Impervious Ground Cover Determination: If a non-residential property owner believes the amount of impervious ground cover applied to its property is incorrect, the property owner may appeal this determination to the Municipal Services Director. Appeals shall be in writing, shall specify the grounds of the appeal, and shall include a fifty dollaF ($50) review fee in accordance with the approved fee schedule. The amount of impervious ground cover applied to the property may increase, decrease, or remain unchanged when the review is completed by the Municipal Services Director. In the event the appeal is successful, the fifty dollar ($50) fee shall be refunded. Section 2. This ordinance shall take effect and be in force five (5) days after its passage. Adopted by the City Council and signed by its Mayor on January 24, 2017. Todd Voth, Mayor ATTEST: W . Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison , City Attorney To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Comm. Dev. Dir. /Deputy City Manager January 24, 2017 Motion Ordinance -Amend MLMC 1.20 Civil Code Enforcement Legislative History: January 10, 2017 January 24, 2017 Motion Attached is an Ordinance amending Moses Lake Municipal Code 1.20, Civil Code Enforcement as directed by the City Council. The amendments establish a graduated civil violation schedule for those property owners who are repeat offenders under the public nuisance provisions of the Municipal Code. The intent is to develop a system whereby property owners understand that continued public nuisance violations will have an increased monetary penalty that they will want to avoid. Background The City Council has held numerous Study Sessions and discussed measures to address problems and concerns with the process for abating public nuisance violations. One Council concern were those property owners who continually come under Code Enforcement for public nuisance violations of the Municipal Code. Page 1 of2 Staff explained to Council that under our current process, once a nuisance violation has been abated and it happens that the same property owner violates again for the same cause, the case is treated like a new nuisance violation. Fiscal and Policy Implications N/A Options Option Results • Consider the Ordinance as presented. A graduated penalty schedule for repeat • Take no action. Staff Recommendation offenders Public nuisance Code Enforcement violations will remain status quo Staff recommends City Council adopt the ordinance as presented. Attachments I A. I 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 MLMC 1.20 Civil Code Enforcement 12/22/16 -City Attorney, Katherine Kenison Page 2 of 2 ORDINANCE NO. 2854 AN ORDINANCE AMENDING CHAPTER 1.20 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "CIVIL CODE ENFORCEMENT" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 1.20 of the Moses Lake Municipal Code entitled "Civil Code Enforcement" is amended as follows: 1.20.030 Declaration of Public Nuisance: All civil code violations are determined to be detrimental to the public health, safety, and environment, and are declared to be public nuisances. All conditions determined to be civil code violations shall be subject to and enforced pursuant to the provisions of this chapter, except where specifically excluded by law or regulation. Any person who wffiftttly or knowingly causes, aids or abets a civil code violation pursuant to this title by any act of commission or omission shall be deemed to have committed a civil violation subject to the following penalties, unless specific penalties are provided by any section of this Code: a-6-T- penalty. A First violation within any 12 month period B. Second violation within any 12 month period C. Third or subsequent violation(s) within any 12 month period 1.20.120 Administrative Notice and Order -Administrative Appeal: A Any Notice of Violation and Order to Correct or Cease Activity issued by the Code Enforcement Officer shall be appealable to the Community Development Director or designee. Any dispute as to whether or not a violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued has been resolved so as to comply with the underlying city standard shall be appealable to the Community Development Director or designee so long as such appeal is filed before the penalty sum has reached five thousand dollars ($5,000).) A~. Optional informal appeal. The property owner or violator may request an initial appeal hearing before the How to Appeal. A person to whom a notice and order is issued pursuant to this chapter may appeal to the Community Development Director by submitting to him or her a written request within ten (10) fourteen (14) calendar days of receipt from the date of service) of the Notice of Violation and Order to Correct or Cease Activity. Filing of a timely appeal shall operate to temporarily stay the enforcement action pending resolution of the appeal. The written appeal notice must contain at a minimum the following information: 1. A brief statement of what is being appealed; 2. A statement of the relief sought and the reasons why the city official's determination should be reversed, modified or set aside; 3. The property owner's or violator's current address; 4. Identification of any witness testimony, photographs, or documentary evidence to be presented; and 5. A statement or verification under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal, pursuant to RCW 9A.72.085. QB. Appeal Hearing: The Community Development Director, or his or her designee if he or she is unavailable, shall conduct the fftittat appeal hearing within seven (7) calendar days after receipt of the written notice requesting the initial appeal hearing. The Community Development Director or designee shall apply the evidentiary standard of be~oAd a preponderance of the evidence and shall issue a written determination affirming, modifying, or rescinding the city official's determination. A copy of his or her decision shall be provided to the property owner or violator requesting the initial appeal hearing by mailing to the address provided in subsection ~ 4@ above. C. AAy Notice of ViolatioA aAd Order to Correct or Cease Activity issued by the city official aAd affirmed or modified by the CommuAity DevelopmeAt Director or desigAee shall be appealable to the I leariAg ExamiAer by filiAg a writteA AOtice of appeal with the City Clerk withiA fourteeA (14) calendar days after the date or mailing of the CommuAity Development Director's or desigAee's writteA decisioA. D. Appeal to I leariAg ExamiAer .. A persoA to whom a AOtice aAd order is issued pursuant to this chapter who elects AOt to, or ·who fails to use the optional iAformal appeal process above may appeal directly to the I I earing ExamiAer by filiAg a writteA AOtice of appeal with the City Clerk withiA fourteeA (14) caleAdar days from the date of service of the Aotice and order. The appeal must be accompanied by a filiAg fee in the amouAt established by the City's fee resolutioA, which is refuAdable if the appellaAt prevails oA the appeal. QE. Effect of Appeal. The timely filing of an appeal pursuant to this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the I leariAg ExamiAer may impose a daily moAetary peAalty from the date of service of the AOtice aAd order if he or she finds that the appeal is frivolous or iAteAded solely to delay compliance. sf. Effect of Failure to Appeal. The violation shall be deemed committed, the notice and order shall become the final administrative order, and the monetary penalties assessed shall be immediately due and subject to collection if (a) no appeal is timely filed within the time limits set forth above after the notice and order was issued, or (b) an appeal was timely filed, but the appellant or his or her representative failed to appear at the hearing. 1.25 .125 Administrative Notice and Order -Hearing Examiner Appeal A Any Notice of Violation and Order to Correct or Cease Activity issued by the Code Enforcement Officer and affirmed or modified by the Community Development Director or designee or decision of the Community Development Director or designee regarding compliance with any Notice of Violation and Order to Correct or Cease Activity shall be appealable to the Hearing Examiner by filing a written notice of appeal with the City Clerk within fourteen (14 calendar days after the date of mailing of the Community Development Director's or designee's written decision. The appeal must be accompanied by a filing fee in the amount established by the City's fee resolution. which is refundable if the appellant prevails on the appeal. ~ Effect of Appeal. The timely filing of an appeal pursuant to this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however. the Hearing Examiner may impose a daily monetary penalty from the date of service of th e notice and order if he or she finds that the appeal is frivolous or intended solely to delay compliance. C. Effect of Failure to Appeal. The violation shall be deemed committed, the notice and order shall become the final administrative order. and the monetary penalties assessed shall be immediately due and subject to collection if (a) no appeal is timely filed within the time limits set forth above after the notice and order was issued. or (b) an appeal was timely filed. but the appellant or his or her representative failed to appear at the hearing. 1.20.130 Administrative Notice and Order -Appeal -Hearing Examiner Hearing. A. Date of Hearing. Within ten (10) days of the Clerk's receipt of the appeal, the Hearing Examiner shall set a public hearing for a date within forty-five (45) days of the Clerk's receipt of the appeal, unless a longer period is agreed to between the parties. B. Notice of Hearing. The Clerk shall cause a notice of the appeal hearing to be posted on the property that is the subject of the notice and order, and mailed to the appellant and the complainant, if not anonymous, at least ten ( 10) calendar days before the hearing. The notice shall contain the following: 1. The file number and a brief description of the matter being appealed; 2. A statement of the scope of the appeal, including a summary of the errors alleged and the findings and/or legal conclusions disputed in the appeal; 3. The date, time and place of the public hearing on the appeal; 4. A statement of who may participate in the appeal; and 5. A statement of how to participate in the appeal. C. Conduct of Hearing. The Hearing Examiner shall conduct the hearing on the appeal pursuant to Chapter 18.80 MLMC and the rules of procedure of the Hearing Examiner. 1.20.140 Administrative Notice and Order -Appeal -Hearing Examiner Decision A. The Hearing Examiner shall determine whether the City has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable and shall affirm, vacate, or modify the City's decisions regarding the alleged violation and/or the required corrective action, with or without written conditions. B. The Hearing Examiner shall issue an order to the person responsible for the violation which contains the following information: 1. The decision regard ing the alleged violation including findings of fact and conclusions based thereon in support of the decision ; 2. The required corrective action; 3. The date by which the correction must be completed; 4. The monetary penalties assessed based on the provisions of this chapter; 5. The date after which the City may proceed with abatement of the unlawful condition if the required correction is not completed. C. Assessment of Monetary Penalty. Monetary penalties assessed by the Hearing Examiner shall be in accordance with the monetary penalty schedule in MLMC 1.20.110(6). D. Abatement. Where action to abate the violation is required, the hearing examiner shall give substantial weight to the City's determination regarding the nature of any such action required, and whether such action has been satisfactorily performed. E. Notice of Decision. The hearing examiner shall mail a copy of the decision, including find ings of fact, conclusions, and order, to the applicable department director within fourteen (14) working days of the hearing. The City shall forward a copy of the decision to the appellant no later than two (2) working days after its receipt of the decision. F. Judicial Review. Judicial review of a decision by the Hearing Examiner may be sought by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the Land Use Petition Act, Chapter 36. ?OC RCW, if applicable, or other applicable authority, if any, if the petition or complaint seeking review is filed and seNed on all parties within twenty-one (21) days of the date of the decision. For purposes of his section, "aggrieved or adversely affected" shall have the meaning set forth in RCW 36.?0C.060(2). G. Effect of Decision. If judicial review is not obtained, the decision of the Hearing Examiner shall constitute the final decision of the City, and the failure to comply with the decision of the Hearing Examiner shall constitute a civil violation punishable by a fine of not more than five thousand dollars ($5,000). In addition to civil penalties pursuant to th is subsection, the City may pursue collection and abatement as provided in this chapter. Sectibn 2. 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 and signed by its Mayor on January 24, 2017. Todd Voth, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Comm. Dev. Dir. /Deputy City Manager January 24, 2017 Motion Ordinance -Repealing MLMC Chapter 2.46 Tourism Commission legislative History: January 10, 2017 January 24, 2017 Motion Attached is an Ordinance repealing MLMC 2.46, Tourism Commission, which is no longer a necessary Commission. The duties of the Tourism Commission are no longer applicable given the City of Moses Lake no longer adopts a tourism advertising budget which was a primary function of the Tourism Commission. If the primary function for a Tourism Commission no longer exists, it is not appropriate to continue with such Commission under the Moses Lake Municipal Code. Background The Lodging Tax Advisory Committee (LTAC) has been recently activated and met twice in 2016 as required by statute. The LTAC met to consider the requests for 2017 funding proposals. One proposal received from the Moses Lake Chamber of Commerce was for a tourism advertising budget. This proposal was recommended for approval by the LTAC and ultimately approved by the City Council at their December 27, 2016 meeting. Page 1of2 Fiscal and Policy Implications N/A Options Option Results • Consider the Ordinance repealing the Establish consistency and purpose for those creation and continuance of a Tourism Commissions under the Municipal Code Commission • Take no action. Staff Recommendation Continue with the Tourism Commission under the Municipal Code, which no longer functions with a primary duty. Staff recommends City Council adopt the Ordinance as presented repealing MLMC 2.46, Tourism Commission as their duties are no longer necessary. Attachments I A. I Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Page 2 of 2 ORDINANCE NO. 2855 AN ORDINANCE REPEALING CHAPTER 2.46 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "TOURISM COMMISSION" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 2.46 of the Moses Lake Municipal Code entitled "Tourism Commission" is repealed in its entirety. 2.46.010 Commissiofl Establisfled: Tfle Tourism Commissiofl for tfle city is created afld sflall coAsist of five (5) members from citizeAs vrflo reside, O'Wfl property, or operate or maAage a busiAess , associatiofl, or f10fl profit organizatiofl witflifl the corporate limits of tfle city wflo sflall be appoiAted by the Mayor afld coAfirmed by the City CouAcil, pursuaAtto MLMC 2. 08.040. (Ord. 2689, 9124/13; Ord. 2414, 8/26/08; Ord. 2089, 8/27/02; Ord. 1628, 1994; Ord. 1368, 1989) 2.46.020 Membersflip AppoiAtmeAt: Witfl tfle establish me At of the Commissiof1, three (3) members sflall be appoiAted for four (4) year terms, two (2) members sflall be appoiAted for tflree (3) year terms, aAd two (2) members sflall be appoiAted for t'vvo (2) year terms. Thereafter eacfl member shall be appoiAted for a four (4) year term. UpoA vacaAcy by death, resigAatiofl, or other cause, the Mayor, witfl coAfirmatiOA by the City CouACil, shall fill tfle vacaAcy by appoifltiAg a member for tfle uAexpired portiofl of tfle term. (Ord. 1368, 1989) 2.46.030 Removal: A member may be removed for cause duriAg Flis or fler term upoA a reeommeAdatiofl from tfle Mayor afld tfle affirmative majority vote of tfle City CouAcil sittiAg ifl quorum. If a member is abseAt from two (2) meetiAgs per year without excuse, excuses beiAg permitted for persoAal or family illAess af1d vacatiof1s, cause exists for removal. The member wishiflg to be excused from a meetif1g must Aotify tfle secretary to tfle Tourism Commissiof1 prior to tfle meetiAg. Tfle abseAce sflall be af1AOuf1ced a Ad the reasons thereror at tfle time roll call is takeA at tfle meetiflg aAd sflall be recorded as excused ifl tfle miAutes of the meetif1g , if minutes are takefl. (Ord. 1368, 1989) 2.46. 040 Quorum: A majority of tfle CommissioA sflall coAstitute a quorum for the traAsactiofl of busiAess. Afly actiOA takefl by tfle majority of tflose preseflt at aAy regular or special meetiflg of tfle Commissiofl is deemed af1d takefl as tfle actiofl of the Commissiofl. (Ord. 1368, 1989) 2.46.050 MeetiMs: The Tourism Commissiof1 sflall devote sucfl time as may be Aecessary to properly discharge all duties devolviAg upoA tflem. Tfle Commissiofl members sflall serve without compeAsatiofl. Tfle CommissiOA sflall organize anAually by electiAg oAe (1) of its Aumber cflair and one (1) vice cflair. MiAutes of all meetings sflall be filed witfl tfle City MaAager. Tfle Commissiofl sflall meet as oftef1 as is Aecessary to coAduct busiAess but sflall Field a meetiAg at least oAce a year. (Ord. 2598, 12/28/1 O; Ord. 1368, 1989) 2.46.060 Duties of Commissiofl: Tfle Commission shall advise tfle Mayor, the City Council, tfle City MaAager, and/or officials regardiflg tourism programs oftfle city. The Commission sflall also make recommeAdatioAs pertaifliflg to tfle followiAg matters: A. Adoptiof1 of a tourism advertisiAg budget a Ad tfle expenditure of any monies related to tourism. B. Developmef1t, operatiof1 , afld maiAteAaAce, iAeludiflg programmiflg, of city facilities as tfley relate to tourism. C. CoordiAatiofl witfl other organizations iflcludiflg but Aot limited to tfle Moses Lake Area Cflamber of Commerce, Moses Lake BusiAess Associatiof1, Graf1t CouAty, State of WashiAgtoA Departmeflt of Commerce, aAd tfle VVasfliAgtoA Tourism AlliaAce, or tfleir successors as it relates to tourism programs. D. Any other matters which affect tourism efforts. Ir. providing any advice or. any of the above matters, U'le Commission shall solicit arid consider the recommendations arid opinions of those individuals or organizations interested ifl tourism iri the City of Moses Lake. Section 2. 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 and signed by its Mayor on January 24, 2017. Todd Voth, Mayor ATTEST: W. Robert Taylor, Finance Director 1 APPROVED AS TO FORM: Katherine L. Kenison, City Attorney Colville Fuels LLC and City of Moses Lake Municipal Services Agreement This Municipal Services Agreement (the "Agreement") is made by and between the City of Moses Lake, (the "City") a municipal corporation of the State of Washington with its offices located at 401 South Balsam Street (P. 0 . Box 1579) Moses Lake, WA 98837, and Colville Fuels LLC (the "Customer"), a tribally chartered governmental Limited Liability Company wholly owned by Colville Tribal Federal Corporation, a federally chartered tribal business corporation of the Confederated Tribes of the Colville Reservation formed pursuant to 25 U.S.C. § 477 licensed to do business in the State of Washington with a business address of , Moses Lake , WA 9_ and a mailing address of 21 Colville Street, Nespelem, WA 99155, collectively known as "Parties". RECITALS WHEREAS, Customer intends to operate a fuel station and convenience store located on tribal trust land (the "Moses Lake Site") within the City of Moses Lake, Washington; and WHEREAS, the City owns and operates a water utility providing domestic water service to residents within the corporate boundaries of the City; and WHEREAS, the City owns and operates a sanitary sewer collection and treatment system that serves properties within the corporate boundaries of the City ; and WHEREAS, the Washington State Department of Health regulates the City's water distribution system including approval of service area boundaries; and WHEREAS, the Washington State Department of Ecology regulates the City's sewer collection system, including approval of service area boundaries; and WHEREAS, the City has adequate water rights and production capacity to serve the demand requirements of the proposed Colville Fuels facility (insert name) in addition to its current customers in its water service area; and WHEREAS, Customer has determined that is in the Tribes and its best interest to secure potable water from the municipal water system operated by the City; and WH EREAS, Customer has further determined that it is in the Tribes and its best interest to convey the sewer wastewater from its facility to the City's collection system at an agreed upon location within the City for conveyance to the City's Publicly Owned Wastewater Treatment Plant for treatment; and WHEREAS, City has a published rate schedule in both the Water Utility and the Sewer Utility Commercial Rate Schedule for properties served outside of the municipal corporate limits and under which the City is willing to provide potable water, and accept sewage effluent; and WHEREAS, the City has established connection fees for new customers connecting to the City's water and sewer systems to reimburse the existing system customers for commitment of system capacities, which connection fees have been (shall be) paid by the Customer; and WHEREAS, in addition to having the necessary capacity within its present water and sanitary sewer systems to provide those services to the Customer, the City is willing to support the Customer's desire to construct and maintain the facility with a reasonable degree of fire and life safety and has the ability to help coordinate the additional police, fire and emergency medical services requ ired by the Customer pursuant to the terms and conditions of this Agreement; and WHEREAS, the parties enter into this Agreement with the intent to put the Customer and Tribes in parity with similarly situated non-Indian property and business owners, including, but not limited to: being consistent with the attached City ordinances; mitigating environmental impact of its uses of trust land; paying development and other processing fees ; being consistent with building and design standards set out in City ordinances; and compensating the city law enforcement and fire department and others who provide public services on the Tribes' trust lands; NOW, THEREFORE, for and in consideration of the terms, conditions and ob ligations set forth in this Agreement, the adequacy and sufficiency of which is hereby acknowledged , the Parties agree as follows: SECTION ONE PURPOSE The purpose of this Agreement is to specify in writing the business relationship that will exist between the City of Moses Lake and Customer. Both parties acknowledge that the recitals are an integral component of this Agreement and shall be fully incorporated in this Agreement in order to accurately articulate the intent of each party. SECTION TWO TERM This Agreement shall remain in full force and effect for ten (10) years (the "Term ") from the date of execution by both parties. This Agreement shall automatically renew at the end of each Term unless either party terminates this Agreement in accordance with the termination provisions contained herein. SECTION THREE RATES, PAYMENTS AND COSTS In recognition of the City's combined utility service, Customer agrees to connect to City Water/Sewer and to utilize the City's Garbage services. The Customer agrees to pay all applicable connection fees, costs and rates as provided for by municipal code. In addition, the Customer agrees to pay, upon connection, any required system development charges pursuant to MLMC Chapter 3.62, and the reimbursement charges required for water, sewer and streets pursuant to MLMC Sections 12.40.050, 13.08 .042 , and 13.08.082. Customer further agrees to comply with all provisions in MLMC Chapter 13.07, Water Regulations, MLMC Chapter 13.05, Wastewater Regulations, MLMC Chapter 13.02, Stormwater Illicit Discharge Detection and Elimination .. Customer agrees that all stormwater shall be retained on-site and Customer will not be permitted to connect to the City's stormwater utility. The utility rates pertaining to water provided, and sewer wastewater received and processed will be as specified in the City of Moses Lake Fee Schedule for Commercial/Business customers located outside of the corporate limits which is in effect at the time of service, and which is adjusted from time to time by action of the Moses Lake City Council. Utility customers located outside of the corporate limits are subject to a 25% rate surcharge pursuant to MLMC Chapter 13.12; said surcharge is subject to change by action of the Moses Lake City Council. The Parties further acknowledge and agree that the City of Moses Lake Water Utility and City of Moses Lake Sewer Utility are separate and independent funds and operations within the City, and are subject to Business and Operations Taxes, and the rates charged by these utilities include taxes which these separate utilities are required to. remit. Customer agrees to pay the utility bills including a charge in lieu of and equal to any Business and Operation taxes imposed on the city's Utilities. Fire. Payment for Services Provided by the City. The City agrees to provide the facility fire protection, rescue and disaster planning service at the same level of service it provides to other similar facilities within the City. The Customer agrees to pay the City for the services an annual payment based upon the City's current tax rate for all buildings and land within the tribal trust land by July 1st of each year. The City and Customer agree that the land fair market value and the actual construction cost of the facility will be used to determine the value for purposes of calculating the payment due. The City will apply its permanent tax rate of to calculate the payment due. Police and Emergency Services. Payment for Services Provided by the City. The Customer will staff a full time commissioned security officer on the site and shall exercise its powers of criminal enforcement with regard to member and nonmember Indians. The parties will enter into mutual aid agreements with appropriate cooperating enforcement authorities as needed. Other Public Services. In consideration of other general public services provided by the City and funded in part by sales tax revenues, the Customer agrees to pay an annual payment by July 1st of each year in the amount of$ in lieu of the sales tax that would be remitted to the City from the facility operations. Customer's Obligations. In order that the City may provide effective law enforcement, fire protection, and emergency services, the Customer agrees that it shall provide to the appropriate City departments complete and current sets of all building plans, inspections and reports. The Customer further agrees that it shall keep all such plans, inspections and reports current with the appropriate City departments throughout the life of this facility. The Customer agrees to exercise its sovereign powers to regulate and manage the facility, and agrees to meet or exceed the substantive standards of City laws and requirements for the construction, use and maintenance of the facility, it being understood that the Customer has adopted and will enforce a commercial zoning designation as is currently defined in CTC Chapter 4-3, identified as a "Commercial District", in substantially the same form , throughout the life of the facility. The Customer shall mitigate traffic and circulation impacts on the City roads as shall be identified in a transportation impact analysis by the Customer and its expense. The Customer agrees to pay for all improvements of City roads and bridges that are reasonable and necessary and are uniquely attributable to the Customer's development of the facility. The Customer further acknowledges that its development will cause an increase in traffic and therefore agrees to conduct a transportation impact analysis by a qualified transportation engineer and to install any transportation impact improvements recommended or required by such transportation impact analysis. Customer shall grant suitable rights of way to the City for the necessary improvements or expansions, and shall cooperatively seek additional approvals as may be required under applicable law. Prior to the commencement of any construction or development on the Customer's property, Customer agrees to allow the City to examine, review and comment on the Customer's construction plans for the development of the facility for the purpose of ensuring consistency with the terms of this Agreement Customer prohibits the sale of fireworks at all of its fuels dispensing facilities and agrees to impose the same ban on this property for a period of three years. During that period Customer will use its best effort to petition the Colville Business Council to adopt an ordinance permanently banning the sale of fireworks at its facilities, including the Moses Lake property. The parties agree to meet and confer before Customer changes its policy prohibiting the sale of fireworks. Customer agrees that any construction work within a City right-of-way or on City property shall be required to comply with MLMC Chapter 12.08, including the requirements to submit construction plans, procure permits and inspections, and payment of inspection fees. Rate/Fee Adjustments . In recognition that costs of City services will rise over time, the parties agree to reassess the rates and fees outlined in this section every 3 years from the execution date to ascertain whether the rates and fees are sufficient and/or appropriate. Failure to agree on a proposed increase and/or decrease in the rates or fees may be resolved through the dispute resolution process outlined in Section Six. SECTION FOUR OWNERSHIP AND MAINTENANCE OF EQUIPMENT Water. The City of Moses Lake will allow a commercial water connection to its water system. Said connection will be within the City Limits . There shall be two service lines connected to the City's water main, and each service line shall have its own meter and backflow prevention device I premise isolation valve (reduced pressure backflow apparatus (RPBA) of sufficient size to supply the necessary volume of water required to meet domestic and fire flow requirements for the Customer. One service line shall be for domestic water and the other shall be for fire flow. The service line for domestic water shall provide for a meter and RPBA at the property line; the service line for fire flow water shall provide for a detector meter and RPBA at the property line. Customer shall be responsible for the cost, and installation of the RPBAs, and the devices and their installation shall be subject to the City's approval and inspection prior to connection to the City's water utility. Additionally, the RPBAs shall be subject to annual testing and such written test results shall be delivered to the City's Water Division within ten days following completion of the testing. Subject to the provisions contained in MLMC Section 13.07.050, the City and the Customer acknowledge and agree that the Moses Lake Municipal Code does not apply to the operation of the that portion of the water system that is located on the tribal trust land within the Moses Lake· City Limits and that the water system supplying potable water from the connection point to the Customer's points of use will be regulated by the US Environmental Protection Agency. The parties acknowledge and agree that the water distribution system located on the tribal trust land shall belong to the Customer and Customer shall be solely responsible for the maintenance and operation of that system. The Customer acknowledges that the provision of water to their system by the City will be subject to the provisions of MLMC Chapters 13.05, Wastewater Regulations, 13.07 Water Regulations, 13.08, Water and sewer Connections, and 13.12, Water, Sewer and Stormwater Rates. · The City agrees that the water to be delivered to the point of connection shall comply with the requirements of the Washington State Department of Health with regard to the testing, maintenance and quality requirements for municipal potable water. The City shall not be responsible for any degradation of water that occurs beyond the point of connection or within the distribution system of the Customer system. Customer agrees to indemnify and hold the City harmless from and against any and all claims, liability or damages arising from or related to any change in the water quality or condition beyond the point of delivery. Sewer. Customer agrees that it is wholly responsible for the operation and conveyance of the sewage effluent from the facility to the point of connection with the City's system. It is agreed that the Moses Lake Municipal Code concerning the operation of the sewer collection and treatment system does not apply on the tribal trust land within the City limits. However, the Customer agrees that its sewer system will be operated in conformity to the provisions of MLMC Chapter 13.08 pertaining to Sewer Connections, and MLMC Chapter 13.05 pertaining to protection of the system from damage due to unpermitted, prohibited or conditional discharges into the City's sewer collection and treatment system. Customer agrees that a City approved grease interceptor shall be installed and maintained for the proposed deli that meets or exceeds MLMC Chapter 16. 71, Interceptors. In consideration of Customer's use of the City's sewer collection and treatment system, Customer grants the City the right of access with reasonable notice onto the property and into the facility for the limited purpose of ascertaining compliance consistent with the provisions of MLMC Chapters 13.05 and 16.71 and any other applicable municipal code provision(s). SECTION FIVE REPRESENTATIONS It is understood and agreed between the Parties that in the event that there is insufficient water available to the City's water utility to serve all the demand on the City's water system, that water rationing or restrictions will be equally applied to the Customer and to the City's individual customers. The City's wastewater treatment plant has adequate capacity to serve the increased sewage flows that are anticipated from the new facility as represented and contained in the current construction drawings and development application. The Customer's engineering consultants have projected the facility will generate a peak hourly demand (PHO) of __ gallons per minute (gpm), a Maximum Daily Demand (MOD) of _ gpm and a Fire Flow requirement of gpm for water service. The City's engineering division has confirmed that the City can provide the necessary water volumes required for the facility at those projected demands. The connection to the City's water system must be accomplished in a manner and with controls in place to protect the City's water distribution system from damage in the event of a fire flow event that would draw the maximum instantaneous flows from the system. SECTION SIX DEFAULT, REMEDIES AND DISPUTE RESOLUTION The parties hereby covenant and agree that, in the event that the other party fails to fully and completely comply with each provision set forth herein, such failure shall constitute a material breach of this Agreement and the non performing party shall be in default. In the event of default, the parties shall be entitled to all remedies available at law or in equity. 6.1 (a) Notice. In the event the City or the Customer believe that the other party has not complied with any provisions of th is Agreement, that party, before in itiating any other remedy, shall first give the defaulting party written notice specifically identifying the provision(s) of this Agreement that the other party alleges the defaulting party has violated and shall set out the factual basis for the alleged non-compliance. (b) Opportunity to Cure. In the event the defaulting party cures the alleged non-compliance within thirty (30) days of the notice, then the other party shall not exercise any other remedy under this Agreement. However, any default involving a Customer failure to pay any sum due shall be subject to a ten (10) day cure period. 6.2 Mediation and Arbitration . All claims, counter-claims, disputes, or other matters regarding this Agreement shall be submitted to non- binding mediation with a mediator mutually agreed upon by both parties and the costs of the mediator shared equally by the parties. If a resolution is not reached through mediation, then either party may pursue binding arbitration. If the parties cannot agree upon the selection of an arbitrator within ten (10) days of receipt of notice from the other party of a claim or dispute to be arbitrated, then either party may apply to the Superior Court of Grant County for appointment of an arbitrator who is familiar with the types of issues under dispute. If the parties cannot agree upon the rules of arbitration within ten (10) days thereafter, the arbitration shall be conducted in accordance with the rules , but not under the auspices of, the American Arbitration Association , except there shall be only one arbitrator. The arbitrator's decision shall be binding upon the parties. 6.3 Court Jurisdiction. The City and the Customer consent to a state or federal court of competent jurisdiction within the State of Washington for any action brought by the other party to enforce, interpret, or rescind this agreement. 6.4 Limited Waiver of Sovereign Immunity. The Customer agrees to waive its sovereign immunity in favor of the City for purposes of this Agreement and as to any dispute which arises out of th is Agreement or the activities of the Customer undertaken pursuant to the terms set forth herein for enforcement. The waiver of sovereign immunity by the Customer is limited to the specific actions authorized in this Section and is made only in favor of the City and not for any other party or person, and is made only to the extent of the specific remedies set forth in this Agreement. 6.5 Suspension of Services. In the event of a Customer default Involving a failure to pay any sum due which is not fully cured within the ten (10) day cure period, the City shall have the right, at its discretion, to suspend the provision of City services pursuant to Section Three with the exception of the combined utility services (water/sewer/garbage). SECTION SEVEN NOTICE Any notice required under this Agreement must be in writing and shall be deemed to have been given when delivered by either the U.S. Postal. Service via certified mail or an overnight carrier requiring a signature upon delivery. Notice required under this Agreement shall be providec;j to: If to Customer: And a copy to: If to City: And a copy to: Colville Fuels LLC Attn: -----Street ----- Moses Lake, WA 9 --- Colville Fuels LLC Attn: Nathan Moulton 21 Colville Street Nespelem,'WA 99155 City of Moses Lake Attn: City Manager PO Box 1579 Moses Lake , WA 98837 City of Moses Lake Attn : City Attorney PO Box 965 Ephrata, WA 98823 SECTION EIGHT INDEMNIFICATION For any matter arising from this Agreement, the City shall hold harmless, indemnify, and defend Customer at its own cost from any claim of liability for personal injury, death or physical property loss which may be asserted by a third party against Customer and which arises from the gross negligence or willful misconduct of the City. For any matter arising from this Agreement, Customer shall hold harmless, indemnify, and defend City at its own cost, from any claim of liability for personal injury, death, or physical property loss which may be asserted by a third party against the City and which arises from the gross negligence or willful misconduct of Customer. SECTION NINE TERMINATION Either party may terminate this Agreement at the end of the then current Term by giving the other party notice of intent to terminate at least one hundred twenty (120 days and not more than one hundred eighty (180) days prior to the end of such term. SECTION TEN FUTURE DEVELOPMENT AND USE OF THE MOSES LAKE SITE Prior to undertaking any future changes, additions, or modifications in the use or development of the Moses Lake Site, the Customer will provide the City with sufficient notice to address those changes before the Tribal entity having authority to authorize or prohibit such changes, additions, or modifications by the Customer takes any action or issues any permits and/or approvals. This is to ensure that future development and use of the property is consistent with the City laws in effect at the time of any particular development of the Moses Lake Site. SECTION 11 MISCELLANEOUS TERMS AND CONDITIONS 1. Entire Agreement. This Agreement shall constitute the entire agreement between the parties. Any prior understanding or representation , of any kind, preceding the date of this Agreement shall not be binding upon either party except to the extent such understandings or representations are incorporated in this Agreement. 2. Modifications. Any modifications of this Agreement or additional obligations assumed by either party in connection with this Agreement shall be binding only if evidenced in writing and signed by each party. 3. Attorney's Fees and Costs. In the event a claim or action is initiated as a result of an unresolved dispute arising from this Agreement, the prevailing party to such claim or action shall be entitled to reimbursement from the non-prevailing party for all costs, including attorney's fees, incurred by the prevailing party, whether such costs are incurred with or without litigation or on appeal. 4. Governing Law. Both parties agree that this Agreement shall be governed, constructed, and enforced in accordance with the laws of the State of Washington. Any action arising from this Agreement shall be filed in the Superior Court in Ephrata, Washington. 5. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be one and the same Agreement. 6. Partial Invalidity. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event any provision of this Agreement is held to be invalid by a court of competent jurisdiction, the parties agree that all remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the deletion of the invalid provision. 7. Successors and Assigns. The obligations under this Agreement are personal to the Colville Fuels, LLC . And may not be transferred or assigned without City's prior written consent, which shall not be unreasonably withheld. 8. General Provisions. In the event any provision in this Agreement conflicts with any portion of the City of Moses Lake's Codes and Utility Rate Schedules, the terms and conditions in the City Code and rate schedules shall prevail. 9. Authorization to Enter Onto Tribal Lands. The Customer hereby gives the City permission, authority to enter upon the Moses Lake Site for the purposes of providing (municipal?) services under this Agreement. Colville Fuels City of Moses Lake