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2017 06 13HOSES LAl<.E Moses Lake City Council Todd Voth, Mayor I Karen Liebrecht, Deputy Mayor I Bill Ecret, Council Member I Ryann Leonard, Council Member I David Curnel, Council Member I Don Myer, Council Member I Mike Norman, Council Member City Council Meeting Agenda Call to Order -7:00 pm Roll Call Pledge of Allegiance Summary Reports: Mayor's report • Certificate of Recognition -Moses Lake Rocks Additional Business City Manager's Report • Employee Recognition -Parks and Recreation Department 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. b. Approval of Minutes -May 23, 2017 Council Meeting Approval Bill s and Checks Issued c. Authorize City Manager to Execute Industrial Waste Di scharge Permit No 12-Pure County Harvest d. Request to Accept -Completion of the Winona Lift Station Project -2016 e. Request to Accept -Completion of the Larson Water Meter Project -2016 June 13, 2017, City Council Meeting-Page 2 Old Business #2 Ordinance -Amend MLMC 5.22 Pawnbrokers and Secondhand Dealers Motion Presented by Robert Taylor, Finance Director Summary: Council to review and adopt ordinance as presented New Business #3 Ordinance -Amend MLMC 1.08 General Penalties Presented by Gilbert Alvarado, Community Dev. Dir./ Deputy City Manager Summary: Council to review ordinance as presented #4 Request to Change MLMC 3.18.060(C) -Gambling Tax for Card Rooms Motion Presented by John Williams, City Manager Summary: Mr. BJ Garbe of Lake Bowl will present a request to amend the gambling tax rate #5 Resolution -Ballot Measure Proposition 1-Transportation Benefit District Motion Presented by John Williams, City Manager Summary: Council to review and accept resolution as presented #6 Resolution -Council Support for a Ballot Measure Motion Presented by John Williams, City Manager Summary: Council to review and accept resolution as presented #7 Resolution -Nuisance Abatement -1208 Alderwood -HUD Motion Presented by Gil Alvarado, Community Dev. Director/Deputy City Manager Summary: Council to review and accept resolution as presented #8 Resolution -Nuisance Abatement -1061 S. Division -Evens Motion Presented by Gil Alvarado, Community Dev. Director/Deputy City Manager Summary: Council to review and accept resolution as presented #9 Resolution -Nuisance Abatement -2603 W. Texas -Hester Motion Presented by Gil Alvarado, Community Dev. Director/Deputy City Manager Summary: Council to review and accept resolution as presented June 13, 2017, City Council Meeting-Page 3 Administrative Report • ReCon Update -Gilbert Alvarado, Deputy City Manager Council Communications and Reports Executive Session Y Pursuant to RCW 42.30.110 Council may call an executive session during a regular or special meeting Adjournment City of Moses Lake Certificate of Recognition is hereby granted to: Moses Lake Rocks The Citizens of the City of Moses Lake appreciate the work you have done as a group to bring creativity and positive influence to Moses Lake. Painting rocks will create wonderful works of art while learning about geology and enjoying the great outdoors for many years to come. Awarded: June 13, 2017 Ryann Leonard, Council Member Todd Voth, Mayor MOSES LAKE CITY COUNCIL May 23, 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, Bill Ecret, David Curnel, Ryann Leonard, and Mike Norman PLEDGE OF ALLEGIANCE: Mayor Voth led the Council in the pledge of allegiance. MAYOR'S REPORTS LODGING TAX ADVISORY COMMITTEE Mayor Voth requested Council confirmation of the appointment of Cale Russell to the Lodging Tax Advisory Committee. Action Taken: Council member Ecret moved to confirm the appointment, seconded by Council member Norman, and passed unanimously. ADDITIONAL BUSINESS -None CITY MANAGER'S REPORTS POLICE DEPARTMENT Police Officers Juaquin Espinoza and Rudy Valdez were sworn in and introduced to the Council. CITIZEN'S COMMUNICATIONS GANG VIOLENCE Linda Toscano, 508 Ash, addressed the Council about the gang problem and requested that landlords who rent to known gang members be held accountable. CONSENT AGENDA Minutes: The minutes of the May 9 meeting were presented for approval. 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 May 23, 2017 the Council does approve for payment claims in the amount of $955,847.25; prepaid claims in the amounts of $20,266.22 and $82,676.33; claim checks in the amount of $1 ,522, 107.97; and payroll in the amount of $331,979.10. Crossroads North Phase 3 Final Major Plat: The Crossroads North Phase 3 Final Plat Findings of Fact were presented for Council approval. The proposed plat is a 32 lot residential subdivision located east of Highway 17. Action Taken: Council member Curnel moved that the Consent Agenda be approved, seconded by Council member Norman, and passed unanimously. PUBLIC HEARING: None OLD BUSINESS -None CITY COUNCIL MINUTES: 2 May 23, 2017 NEW BUSINESS ORDINANCE -AMEND 5.22 -PAWNBROKERS AND SECONDHAND DEALERS An ordinance was presented which amends Chapter 5.22, Pawnbrokers and Secondhand Dealers. The amendment would provide that only businesses dealing in highly valued merchandise will be subject to regulations and fees that come with dealing with goods that are highly susceptible to theft. Robert Taylor, Finance Director, stated that the intent of the change is to differentiate between secondhand dealers and pawnbrokers who deal in high end items that are susceptible to theft. There was some discussion by the Council. ADMINISTRATIVE REPORTS DONATION -FIRE DEPARTMENT Pete Kunjara, Assistant Fire Chief, stated that the Eagles Auxiliary has donated $1, 100 to the Community EMS Program for training in CPR and AED. COUNCIL COMMUNICATIONS AND REPORTS-None EXECUTIVE SESSION The regular meeting was adjourned at 7:36 p.m. and the Council met in a 20 minute executive session under RCW 42.30.1 1 O(f) to receive and evaluate complaints or charges brought against a public officer or employee. No action to follow. At 7:54 the Council extended the executive session for an additional 1 O minutes. At 8:04 the Council extended the executive session for an additional 20 minutes. The executive session was adjourned at 8:17 p.m. and the regular meeting was reconvened. ADJOURNMENT: The regular meeting was adjourned at 8:17 p.m. ATTEST Todd Voth, Mayor W. Robert Taylor, Finance Director DATE 6/01/17 TIME 13:15:55 NAME OF VENDOR Department 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 L A K E T 0 B E A P P R 0 V E D 0 F 06/13/2017 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= DATABAR 00007974 EXPERIENCE POWER SPORTS 00005043 0000081279 0000081279 0000081279 0000081279 0000081279 470.94 470.94 470.94 470.94 470.94 ====================== TOTAL: 2,354.70 0000080959 9,089.50 ====================== TOTAL: 9,089.50 ============================= REPORT TOTAL: 11,444.20 MAIL UTILITY BILLS MAIL UTILITY BILLS MAIL UTILITY BILLS MAIL UTILITY BILLS MAIL UTILITY BILLS 2017 KAWASAKI MULE UTILITY VEH DATE THU, JUN 1, 2017, 1:15 PM TIME 13:15:56 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 CI L MEETING 0 F 06/13/2017 TOTALS BY FUND FUND NO FUND NAME 410 490 493 498 519 WATER/SEWER SANITATION STORM WATER AMBULANCE FUND EQUIPMENT RENTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW TOTAL VEND NO. P. 0. NO. AMT LISTED CORRECTED AMT CORRECT AMOUNT TO BE PAID AMOUNT 941.88 470.94 4 70. 94 47 0.94 9,089.50 11,444.20 ACTION TO BE TAKEN TOTALS PAGE XAPPRVD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C L A I M S A P P R 0 V A L * 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 $11 ,444.20 THIS 13RD DAY OF JUNE, 2017 * MAYOR FINANCE DIRECTOR * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DATE 6/08/17 TIME 11 : 13 : 3 2 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 06/13/2017 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 2M COMPANY INC 00004450 ACE HARDWARE 00006538 AMERICAN LINEN 00004927 CASCADE ANALYTICAL INC 00005014 COLUMBIA FORD 00007929 COMMERCIAL TIRE 00005968 0000081278 93.66 0000081278 1,146.02 ====================== TOTAL: 1,239.68 0000081336 12.04 0000081336 60.98 0000081336 349.88 0000081336 84.57 0000081336 28.65 0000081336 12.93 0000081336 62.69 0000081216 24.81 ====================== TOTAL: 636.55 0000081195 430.50 ====================== TOTAL: 0000081221 000008 1221 TOTAL: 0000081280 0000081280 430.50 2,044.55 1,733.45 3,778.00 34,648.43 34 ,648.43 ====================== TOTAL: 0000081226 0000081226 69,296.86 29 .17 769.66 MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES LINEN SERVICE SAMPLE TESTING SAMPLE TESTING 2017 FORD POLICE INTERCEPTORS 2017 FORD POLICE INTERCEPTORS TIRES/WHEEL BALANCE/TPMS RESET TIRES/WHEEL BALANCE/TPMS RESET DATE 6/08/17 TIME 11:13:32 L A K E PAGE 2 XAPPRVD 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 T 0 B E A P P R 0 V E D 0 F 06/13/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ====================== TOTAL: 798.83 CSWW, INC dba NO 40 OlITFITTERS 00001701 0000081341 658.94 MISC SUPPLIES 0000081157 52.73 0000081176 10.78 WATER PRESSURE REGULATOR 0000081239 6.43 MISC SUPPLIES 0000081239 59.33 MISC SUPPLIES 0000081239 32.36 MISC SUPPLIES 0000081239 6.44 MISC SUPPLIES 0000081239 26.87 MISC SUPPLIES 0000081239 8.06 MISC SUPPLIES ====================== TOTAL: 861. 94 DATABAR 00007974 0000081362 398.85 MAIL trrILITY BILLS 0000081362 398.85 MAIL UI'ILITY BILLS 0000081362 398.85 MAIL l.ITILITY BILLS 00000813 62 398.85 MAIL lITILITY BILLS 0000081362 398.87 MAIL lITILITY BILLS ====================== TOTAL: 1,994.27 EVERGREEN IMPLEMENT INC 00005234 0000081230 377 ' 07 MISC SUPPLIES ====================== TOTAL: 377. 07 FERGUSON ENTERPRISES INC #3007 00005482 0000081345 131. 64 MISC SUPPLIES 0000081232 7.22 MISC SUPPLIES ====================== TOTAL: 138 . 86 LAD IRRIGATION COMPANY INC 00001101 0000081268 66.82 MISC SUPPLIES ====================== TOTAL: 66.82 DATE 6/08/17 TIME 11 : 13 : 3 2 C I T Y 0 F M 0 S E S L A K E PAGE 3 XAPPRVD TABULATION OF CLAIMS 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 06/13/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= LAKE AUTO PARTS 00001102 0000081236 1,212.44 MISC SUPPLIES/CREDIT MEMO ====================== TOTAL: 1,212 .44 NORCO ENTERPRISES INC 00006590 0000081261 1,700.44 MISC SUPPLIES 0000081261 152.00 MISC SUPPLIES 0000081351 57.91 MISC SUPPLIES 0000081303 20.78 MISC SUPPLIES/FIRST AID 0000081351 394.69 MISC SUPPLIES 0000081303 568.28 MISC SUPPLIES/FIRST AID ====================== TOTAL: 2,894.10 PENHALLURICKS EXPRESS BUILDING 00006579 0000081343 23.65 MISC SUPPLIES 0000081159 15.39 MISC SUPPLIES 0000081372 310.87 SUPPLIE/COMM DEV REMODEL ====================== TOTAL: 349.91 PLA'IT ELECTRIC COMPANY 00001549 0000081014 89.54 BA'ITERIES 0000081160 169.88 MISC SUPPLIES 0000081039 148 .80 MISC SUPPLIES 0000081039 84.16 MISC SUPPLIES 0000081039 23.52 MISC SUPPLIES 0000081039 20.76 MISC SUPPLIES ====================== TOTAL: 536.66 UNITED PARCEL SERVICE 00005456 0000081311 103.20 SERVICE CHARGES ====================== TOTAL: 103.20 ============================= REPORT TOTAL: 84, 715.69 DATE THU, JUN 8, 2017, 11:13 AM TIME 11:13:34 TOTALS BY FUND FUND NO 000 116 410 490 493 498 519 528 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 GENERAL FUND STREET WATER/SEWER SANITATION FUND NAME STORM WATER AMBULANCE FUND EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW LAKE TO BE APPROVED 0 F 06/13/2017 AMOUNT 4,914.46 190.66 4,847.43 398.85 398.85 1,224.06 72,259.92 481. 46 84, 715. 69 VEND NO. P. 0. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTALS PAGE XAPPRVD ** •• * •••• * * * * * * * * * * * ••• * * * •• * * * •• * * * •• ** * * * CLAIMS APPROVA L * * * * 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 $84,715.69 THIS 13RD DAY OF JUNE, 2017 * • * * * MAYOR FINANCE DIRECTOR • * * • ** * •••• * *. * * *. * * * * * * * * * * *. * * * * * * * * * * * * •• DATE 6/09/17 TIME 09:58:28 NAME OF VENDOR Department 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 M E ET I NG 0 F 06/13/2017 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 3M COMPANY 00005022 Af'.A READYMIX INC 00000027 AG WEST DISTRIBUTING CO INC 00006842 AMERISTAY INN & SUITES 00004371 ANGELA CLAY 00004796 AQUATIC SPECIALTY SERVICES 00007861 AXON ENTERPRISE INC 00007707 BADGER METERS INC 00000151 BASIN LOCK & SECURITY 00003714 BASIN SEPTIC SERVICES 00000166 0000081281 376.37 SIGN MATERIAL ====================== TOTAL: 376.37 0000081297 830.44 CONCRETE ====================== TOTAL: 830.44 0000081210 86.00 MISC HARDWARE ====================== TOTAL: 86.00 0000081275 184.63 MAC PRESENTER LODGING ====================== TOTAL: 184.63 0000081206 37.10 MAC CONSIGNMENT SALES ====================== TOTAL: 37.10 0000081212 1,290.18 POOL CHEMICALS ====================== TOTAL: 1,290.18 0000081318 626.16 EVIDENCE. COM LICENSING FEE ====================== TOTAL: 626.16 0000081217 443.20 METER PARTS ====================== TOTAL: 0000081264 0000081264 0000081264 0000081264 0000081218 TOTAL: 0000081338 0000081338 443.20 132. 72 293.95 46.91 210.00 118 . 60 802.18 485 .56 323.70 KEYS/LOCKS/SERVICE CALL KEYS/LOCKS/SERVICE CALL KEYS/LOCKS/SERVICE CALL KEYS/LOCKS/SERVICE CALL PADLOCKS/KEYS SEPTIC SERVICE SEPTIC SERVICE DATE 6/09/17 TIME 09:58:28 C I T Y 0 F M 0 S E S L A K E PAGE 2 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 06/13/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= BATTERY SYSTEMS INC 0000 4673 BEE LINE FRAME AND AXLE INC 00000109 BONNIE LONG 00007193 BOUND TREE MEDICAL LLC 00006022 BUSINESS INTERIORS & EQUIPMENT 00003619 CASCADE FIRE CORPORATION 00003644 CENTURYLINK 00003599 00001502 00003599 ====================== TOTAL: 809.26 0000081219 1,128.28 ====================== TOTAL: 1,128.28 0000081220 532.49 TOTAL: 532.49 0000081277 100 .00 TOTAL: 100 .00 0000081190 2,899.41 ====================== TOTAL: 0000081289 0000081310 2,899.41 385.19 1,636.21 ====================== TOTAL: 0000081366 0000081304 2,021.40 604 .24 235.06 ====================== TOTAL: 0000081305 0000081305 0000081305 839.30 10.00 10 .00 80.00 ====================== TOTAL: 0000081307 0000081302 100 .00 50.60 162.78 ====================== TOTAL: 0000081305 0000081305 213. 38 10.00 100.00 BATTERIES MISC REPAIR VEHICLE USE -JUNE 2017 Medical Supplies NEW CHAIR MAINT AGREE/COPIERS AIR SAMPLE TESTING MISC FIRE PARTS LONG DISTANCE TEL SERVICE LONG DISTANCE TEL SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE TELEPHONE SERVICE LONG DISTANCE TEL SERVICE LONG DISTANCE TEL SERVICE DATE 6/09 /17 TIME 09:58:28 NAME OF VENDOR Department CITY OF MOSES LAKE 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 EE T I NG 0 F 06/13/2017 Expenditure Account PAGE 3 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 00001502 00003599 00001502 00003599 00001502 00003599 00001502 00003599 00001502 ====================== TOTAL: 110.00 0000081302 213.33 TELEPHONE SERVICE ====================== TOTAL: 0000081305 TOTAL: 0000081307 0000081302 213. 33 20.00 LONG DISTANCE TEL SERVICE 20.00 258.34 TELEPHONE SERVICE 53.25 TELEPHONE SERVICE ====================== TOTAL: 311. 59 0000081305 5.00 LONG DISTANCE TEL SERVICE ====================== TOTAL: 5.00 0000081307 146.40 TELEPHONE SERVICE TOTAL: 146. 40 0000081305 10.00 LONG DISTANCE TEL SERVICE ====================== TOTAL: 0000081307 0000081307 10.00 295.77 TELEPHONE SERVICE 137.46 TELEPHONE SERVICE ====================== TOTAL : 0000081305 0000081305 0000081301 0000081305 TOTAL: 433.23 59.76 LONG DISTANCE TEL SERVICE 59.76 LONG DISTANCE TEL SERVICE 49.76 WATER TURN OFF NOTIFICATIONS 54.76 LONG DISTANCE TEL SERVICE 224. 04 DATE 6/09/17 TIME 09:58:28 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 06/13/2017 Expenditure Account PAGE 4 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 00003599 00001502 00003599 00001502 00003599 00001502 CHRIS CAMPBELL 00005669 CHS INC 00000249 CITY OF MOSES LAKE 00008201 0000081302 50.29 ====================== TOTAL: 50.29 0000081305 69.76 ====================== TOTAL: 69.76 0000081307 47.90 ====================== TOTAL: 47.90 0000081305 47.34 ====================== TOTAL: 0000081307 TOTAL: 0000081305 0000081305 47.34 2,809.99 2,809.99 5.00 10.00 ====================== TOTAL: 15.00 0000081307 197.17 ====================== TOTAL : 197.17 0000081251 102.00 ====================== TOTAL: 102.00 0000081228 87.18 0000081228 2,389.02 0000081228 19,565.40 ====================== TOTAL: 22,041.60 0000081335 345 .33 0000081335 109.73 0000081335 1,208.98 TELEPHONE SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE LONG DISTANCE TEL SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE REIMBURSE CDL FUEL FOR VEHICLES/DYED DIESEL FUEL FOR VEHICLES/DYED DIESEL FUEL FOR VEHICLES/DYED DIESEL WATER SERVICE WATER SERVICE WATER SERVICE DATE 6/09/17 TIME 09:58:28 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E PAGE 5 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 E T I NG 0 F 06/13/2017 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000081335 5,085.80 WATER SERVICE 0000081335 754.86 WATER SERVICE 0000081335 3,236.01 WATER SERVICE 0000081334 774.22 WATER SERVICE 0000081335 450.28 WATER SERVICE 0000081335 1,338.49 WATER SERVICE 0000081335 197.60 WATER SERVICE 0000081335 181. 31 WATER SERVICE 0000081335 410.96 WATER SERVICE 0000081335 974.59 WATER SERVICE 0000081335 314.29 WATER SERVICE 0000081335 504.72 WATER SERVICE 0000081335 1,735.24 WATER SERVICE 0000081335 5,065.16 WATER SERVICE 0000081335 1,210.49 WATER SERVICE 0000081335 63.49 WATER SERVICE 0000081335 2,186.89 WATER SERVICE 0000081335 2,473.50 WATER SERVICE 000008133 5 178 .59 WATER SERVICE 0000081335 294.53 WATER SERVICE 0000081335 761.17 WATER SERVICE 0000081335 400 .90 WATER SERVICE DATE 6/09/17 TIME 09:58:28 L A K E PAGE 6 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 06/13/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000081335 390.83 WATER SERVICE 0000081335 802.17 WATER SERVICE 0000081335 204.42 WATER SERVICE 0000081335 102.03 WATER SERVICE ====================== TOTAL: 31,756.58 00008106 0000081371 2, 776.98 RETAINAGE-COF ELEC ROOM HVAC ====================== TOTAL: 2,776.98 COLUMBIA BASIN MACHINE 00000211 0000081253 445.77 MISC SUPPLIES ====================== TOTAL: 445.77 COLUMBIA BASIN PUBLISHING CO 00000210 0000081308 500 .11 PUBLICATIONS ====================== TOTAL: 500 .11 COLUMBIA BEARING BDI 00000274 0000081329 105 .9 5 MISC SUPPLIES 0000081225 44.82 MISC SUPPLIES 0000081225 70.32 MISC SUPPLIES 0000081225 39.19 MISC SUPPLIES ====================== TOTAL: 260.28 CONSOLIDATED DISPOSAL SERVICE 00006284 0000081285 23.08 DISPOSAL LOADS, TRANS STATION 0000081285 29 ,97 7.51 DISPOSAL LOADS, TRANS STATION 0000081285 22 ,270 .17 DISPOSAL LOADS, TRANS STATION ====================== TOTAL: 52,270.76 CONSOLIDATED ELECTRIC DIST 00000819 0000081222 4.43 MISC SUPPLIES 0000081222 28 .24 MISC SUPPLIES ====================== TOTAL: 32.67 CORRECT EQUIPMENT 00004721 0000081227 1,306.21 REPLACEMENT CONTROLLER DATE 6/09 /17 TIME 09:58:28 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 N G 0 F 06/13/2017 Expenditure Account PAGE 7 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CROWN PAPER & JANITORIAL 00007120 D & L SUPPLY COMPANY INC 00006974 E F RECOVERY 00007244 EASTERN CASCADE DIST 00006909 F C S GROUP 00004476 FABER INDUSTRIAL SUPPLY 00000501 FASTENAL COMPANY 00007372 FEDERAL EXPRESS 00004667 FIN FUN MERMAID 00007341 ====================== TOTAL: 0000081291 904.10 JANITORIAL SUPPLIES ====================== TOTAL: 0000081229 TOTAL: 0000081349 0000081349 0000081349 904 .10 41.80 MISC SUPPLIES 41. 80 3,870.00 EPCR HOSTING 818.40 EPCR HOSTING 97.98 EPCR HOSTING ====================== TOTAL: 0000081327 97 .75 DRINKING WATER ====================== TOTAL: 0000081290 TOTAL: 0000081340 0000081340 97.75 2,265.00 PROF SERVICES 2,265 .00 7.38 MISC SUPPLIES 119.26 MISC SUPPLIES ====================== TOTAL: 126.64 0000081231 34.51 MISC SUPPLIES/EQUIPMENT 0000081231 21. 43 MISC SUPPLIES/EQUIPMENT 0000081231 149. 84 MISC SUPPLIES/EQUIPMENT 0000081231 43 .14 MISC SUPPLIES/EQUIPMENT 0000081231 4,573 .97 MISC SUPPLIES/EQUIPMENT ====================== TOTAL: 4,822 .89 0000081287 4.17 SHIPPING CHARGES ====================== TOTAL: 4.17 DATE 6/09/17 TIME 09:58:28 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 06/13/2017 Expenditure Account PAGE 8 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ================:=============================================================================~======================== GALLS, LLC 00000133 GRANT CO SOLID WASTE DEPT 00000640 GRANT COUNTY TECHNOLOGY 00005535 GRIGORY SENCHENKO 00005457 HACH COMPANY 00000712 HEIMAN FIRE EQUIPMENT 00006634 HELENA CHEMICAL COMPANY 00006809 HOCHSTATTER ELECTRIC 00000705 HOT SPRINGS SPA & LEISURE INC 00004072 IBS INC 00004860 0000081332 374.04 ====================== TOTAL: 0000081203 0000081203 TOTAL: 0000081365 374.04 552.04 552.03 1,104.07 20 I 631. 24 ====================~= TOTAL: 20, 631.24 0000081320 60.00 ====================== TOTAL: 60.00 0000081309 600.00 ====================== TOTAL: 600.00 0000081233 1,150.64 ====================== TOTAL: 0000081352 0000081258 1,150.64 394.40 4,209.10 ====================== TOTAL: 4,603.50 0000081215 548.00 ====================== TOTAL: 0000081276 0000081369 548.00 23.09 3,215.75 ====================== TOTAL: 3,238 .84 0000081331 17.25 ====================== TOTAL: 17 .25 0000081234 60.08 SNS MERCHANDISE RESALE UNIFORM PANTS & BOOTS UNIFORM PANTS & BOOTS LANDFILL DUMPING FEES NETWORK PORT CHARGE -MAY PROF SERVICES/INTERPRETER PH PROBE MISC FIRE SUPPLIES FIRE SUPPLIES FOR BRUSH TRUCK HERBICIDE/FERTILIZER CAPACITOR 2017 COF ELECTRICAL ROOM HVAC VACUUM HEAD MISC SUPPLIES DATE 6/09/17 TIME 09:58:28 C I T Y 0 F M 0 S E S L A K E PAGE 9 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 MEETING 0 F 06/13/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ==============================================================================================:======================== INTOXIMETERS INC 00006156 JAN COOK MACK 00005821 JERRYS AUTO SUPPLY 00005835 K & N ELECTRIC 00004287 KAMAN FLUID POWER LLC 00001302 KATHLEEN PARR & JOHN CHURCH 00004687 KONICA MINOLTA BUSINESS SOL 00007194 KRIS CHUDOMELKA 00007058 LINCOLN EQUIPMENT INC 00006292 LINDSAY/CULLIGAN 00005289 ====================== TOTAL: 0000081322 0000081322 60 .08 1,524.09 1,922.24 ====================== TOTAL: 3,446.33 0000081207 25 .20 ====================== TOTAL: 0000081252 0000081235 25 .20 19.40 43 .30 =================~==== TOTAL: 62.70 0000081296 286.67 ====================== TOTAL: 0000081269 0000081269 286.67 260.74 12.00 ====================== TOTAL: 272.74 0000081209 24 .49 ====================== TOTAL: 24.49 0000081364 216.64 ====================== TOTAL: 216.64 0000081205 34.65 ====================== TOTAL: 34.65 0000081274 2,682.03 ====================== TOTAL: 0000081265 0000081265 2,682.03 19.83 13 .58 INTOXIMETERS INTOXIMETERS MAC CONSIGNMENT SALES OIL MIX / SMALL EQUIP MISC SUPPLIES PUMP HOUSE FAN MISC SUPPLIES MISC SUPPLIES MAC CONSIGNMENT SALES MAINT AGREE/COPIER MAC CONSIGNMENT SALES SNS SUPPLIES MAC/PR WATER MAC/PR WATER DATE 6/09/17 TIME 09:58:28 C I T Y 0 F M 0 S E S L A K E PAGE 10 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 06/13/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= LOCALTEL COMMUNICATIONS 00004374 M 1 TANKS 00003919 MCMASTER CARR SUPPLY COMPANY 00005385 MOE INC 00005438 MIRANDA MARTINEZ 00007702 MLHS DRILL BOOSTERS 00004759 MOON SECURITY SERVICES INC 00006510 MOSES LAKE STEEL SUPPLY 00001268 MULTI AGENCY COMM CENTER E911 00006695 NORTH CENTRAL LABORATORIES 00005653 NORTHSTAR CHEMICAL INC 00006113 0000081283 26.08 ====================== TOTAL: 59 .49 0000081288 1,104.30 ====================== TOTAL: 1,104.30 0000081257 97 .11 ====================== TOTAL: 97 .11 0000081254 496.00 ====================== TOTAL: 496.00 0000081325 712 .14 ====================== TOTAL : 712 .14 0000081319 43.42 ====================== TOTAL: 43.42 0000081263 1,250.31 ====================== TOTAL: 1,250.31 0000081321 51. 50 ====================== TOTAL: 51. 50 0000081237 5.09 ====================== TOTAL: 0000081323 0000081199 0000081199 5.09 42,736.07 1,040.64 7,560.89 ====================== TOTAL: 51,337.60 0000081282 1,657.98 ====================== TOTAL: 1,657.98 BOTTLED WATER FOR LAB INTERNET SERVICE MISC SUPPLIES MISC SUPPLillS SOFTWARE LICENSING UNIFORM REINBURSEMENT DRILL TEAM CAMP INSTRUCTION SECURITY MONITORING -JUNE MISC SUPPLIES MACC USER FEES JUNE FIRE & EMS DISPATCH USER FEES FIRE & EMS DISPATCH USER FEES LAB SUPPLIES DATE 6/09/17 TIME 09:58:28 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E TABULATION 0 F C L A I M S M E E T I N G C 0 U N C I L T 0 B E A P P R 0 V E D 0 F 06/13 /2017 Expenditure Account PAGE 11 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= OREILLY AUTO PARTS 00004593 ORIGINAL WATERMEN 00006079 OXARC INC 00001412 PARAMOUNT SUPPLY COMPANY 00006725 PINE COVE CONSULTING 00007266 PLANET-TURF.COM 00006643 POW CONTRACTING 00005344 PROTECT YOUTH SPORTS 00004626 QUALITY PAVING INC 00004602 REBECCA JONES 00006342 0000081238 4,277.00 ====================== TOTAL: 4,277.00 0000081272 43 .83 ====================== TOTAL: 43.83 0000081211 669.98 ====================== TOTAL: 0000081342 0000081255 669.98 1,249.15 430.50 ====================== TOTAL: 0000081266 0000081240 TOTAL: 0000081150 1,679.65 36 .54 99.05 135.59 18,876.00 ====================== TOTAL: 18,876.00 0000081213 100.00 ====================== TOTAL: 0000081358 TOTAL: 0000081286 0000081262 100.00 52,850.09 52,850.09 72.45 179.10 ====================== TOTAL: 251. 55 0000081306 71,857.80 ====================== TOTAL: 71,857.80 0000081208 37.80 ====================== TOTAL: 37.80 SODIUM HYPOCHLORITE MISC SUPPLIES SNS MERCHANDISE RESALE MISC SUPPLIES MISC SUPPLIES/SAFTY SUPPLIES MISC SUPPLIES MISC SUPPLIES VIRUS PROTECT SOFTWARE MAINT SOIL TEST PE 2 WELL 20 PUMPHOUSE 2017 BACKGROUND CHECKS BACKGROUND CHECKS PAY EST 3 CRACK SEAL 2017 MAC CONSIGNMENT SALES DATE 6/09/17 TIME 09 :58:28 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 06/13/2017 Expenditure Account PAGE 12 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ROYAL ORGANIC PRODUCTS 00007187 SAFETY LINE 00007253 SAN DIEGO POLICE EQUIPMENT 00007332 SEA WESTERN INC 00001879 SHERWIN-WILLIAMS 00006229 SHIRTBUILDERS INC 00004022 SHRED IT 00003144 0000081284 11 ,651.95 TOTAL: 11,651.95 0000081092 267.21 ====================== TOTAL: 267.21 0000081324 5,898.90 ====================== TOTAL : 5,898.90 0000081256 392.92 ====================== TOTAL : 0000081344 0000081344 0000081241 0000081241 TOTAL: 0000081267 0000081204 000008120 4 TOTAL: 0000081312 0000081312 0000081312 0000081312 0000081312 0000081312 0000081312 392.92 239 .25 758 .91 876 .69 114.91 1,989.76 557 .11 166.90 166 .90 890.91 6.25 6.25 12.50 12.50 12. so 4.17 4 .17 TIPPING FEES MISC SUPPLIES AMMUNITION BREATHING APPARATUS MASK MISC SUPPLIES MISC SUPPLIES PAINT PAINT DRILL TEAM T-SHIRTS UNIFORM SHIRTS UNIFORM SHIRTS RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION DATE 6/09/17 PAGE 13 TIME 09:58:28 XAPPRVD NAME OF VENDOR Department CITY OF MOSES LAKE 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 CI L MEET I NG 0 F 06/13/2017 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= SIEMENS INDUSTRY INC 00006242 SIRENNET.COM 00007692 SPECTRUM COMMUNICATIONS 00002691 STERICYCLE 00005155 SUPPLYWORKS 00003053 TARGET MEDIA NORTHWEST 00007815 THE ICE HOUSE 00008042 THE WIDE FORMAT COMPANY 00006914 0000081312 4.16 RECORDS DESTRUCTION ====================== TOTAL: 62.50 0000081299 3,205.76 MISC REPAIR PARTS ====================== TOTAL: 3,205.76 0000081242 148.56 MISC SUPPLIES 0000081194 310 '71 WHELEN PSTANK LED LIGHTS 0000081194 310.71 WHELEN PSTANK LED LIGHTS 0000081194 310. 71 WHELEN PSTANK LED LIGHTS 0000081194 310. 71 WHELEN PSTANK LED LIGHTS 0000081194 310.71 WHELEN PSTANK LED LIGIITS 0000081194 310.70 WHELEN PSTANK LED LIGIITS 0000081242 873.83 MISC SUPPLIES TOTAL: 2,886.64 0000081243 1,415.65 REPAIR RADIOS ====================== TOTAL: 1,415.65 0000081196 121.51 MEDICAL WASTE REMOVAL TOTAL: 121. 51 0000081244 0000081244 881.36 JANITORIAL SUPPLIES 73.32 JANITORIAL SUPPLIES ====================== TOTAL: 954.68 0000081273 2,738 .87 PR SUMMER 2017 BROCHURE ====================== TOTAL: 2, 738.87 0000081270 222.75 ICE RESALE-CASCADE CAMPGROUND TOTAL: 222.75 0000081298 858.85 PRINTER PAPER DATE 6/09/17 TIME 09:58:28 C I T Y 0 F M 0 S E S L A K E PAGE 14 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 U N C I L M E E T I NG 0 F 06/13/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ===========================================-============================================================================ ====================== TOTAL: 858.85 TIM RICH CONSULTING LLC 00003351 0000081245 450.00 TROUBLESHOOTING TELEMETRY ====================== TOTAL: 450 .00 TRAFFIC SAFETY SUPPLY COMPANY 00003726 0000081246 11,594.84 SIGN MATERIALS ====================== TOTAL: 11,594.84 TRANSUNION RISK & ALTERNATIVE 00006086 0000081317 50.60 SEARCH WEBSIGHT MONTHLY FEE ====================== TOTAL: 50.60 TYCO INC 00004451 0000081293 114. 55 PENETRATING OIL ====================== TOTAL: 114. 55 UNIVAR USA INC 00006346 0000081214 2,276.70 CALCIUM CHLORIDE ====================== TOTAL: 2,276 .70 USPS/PB POSTAGE BY PHONE 00007859 0000081300 6,000.00 POSTAGE FOR MACHINE ====================== TOTAL: 6,000 .00 VERIZON WIRELESS 00002107 0000081292 54.36 CELL PHONE SERVICE 0000081292 36.10 CELL PHONE SERVICE 0000081292 38.80 CELL PHONE SERVICE 0000081292 13.20 CELL PHONE SERVICE 0000081292 392 .18 CELL PHONE SERVICE 0000081292 199.90 CELL PHONE SERVICE 0000081292 13.45 CELL PHONE SERVICE 0000081292 38.84 CELL PHONE SERVICE 0000081292 19.44 CELL PHONE SERVICE 0000081292 58 .24 CELL PHONE SERVICE 0000081292 19. 40 CELL PHONE SERVICE DATE 6/09/17 TIME 09:58:28 C I T Y 0 F M 0 S E S L A K E PAGE 15 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 CI L ME ET ING 0 F 06/13/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ====================== TOTAL: 883.91 WA ASSN SHERIFF POLICE CHIEFS 00002250 0000081328 300.00 CONFERENCE REGISTRATION ====================== TOTAL: 300.00 WA CITIES INSURANCE AUTHORITY 00006720 0000081363 1,006.25 INSURANCE DEDUCTIBLE ====================== TOTAL: 1,006.25 WASH RECREATION & PARK ASSOC 00002226 0000081330 580.00 2017 MEMBERSHIP FEES ====================== TOTAL: 580.00 WASH ST ASSOC OF FIRE MARSHALS 00006309 0000081348 900.00 REG / BEACH & FIFE / FPI ====================== TOTAL: 900.00 WESTERN STATES EQUIPMENT CO 00006456 0000081247 846.59 MISC REPAIR/PARTS ====================== TOTAL: 846.59 WESTERN SYSTEMS 00006838 0000081248 28,386.47 SIGNAL CONTROL CABINET ====================== TOTAL: 28,386.47 WILSON ENGINEERING 00007 28 6 0000081294 3,029.00 PROFESS SERV DUNES HDWRKS 2016 TOTAL: 3,029.00 ZEBEC OF NORTH AMERICA 00008007 0000081271 708.42 POOL TUBES TOTAL: 708.42 ZIGGYS #13 00006567 0000081249 21. 04 MISC SUPPLIES ====================== TOTAL: 21.04 ============================= REPORT TOTAL: 480,313.08 DATE FRI, JUN 9, 2017, 9:58 AM TIME 09:58:30 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 06/13/2017 TOTALS BY FUND FUND NO 000 103 116 119 410 477 490 493 495 498 503 517 519 528 FUND NAME GENERAL FUND GRANTS AND DONATIONS STREET STREET REPR/RECON WATER/SEWER WATER SEWER CONSTRUCTION SANITATION STORM WATER AIRPORT AMBULANCE FUND SELF-INSURANCE CENTRAL SERVICES EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW VEND NO. P.O. NO. AMT LISTED CORRECTED AMT CORRECT AMOUNT TO BE PAID AMOUNT 93,021.22 3,644.54 50,354.72 71,857.80 22,330.47 55,879.09 84,584.79 2,571.40 228.88 18,528.02 1,006.25 30,690.40 28,894.41 16, 721. 01 480,313.08 ACTION TO BE TAKEN TOTALS PAGE XAPPRVD ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * C L A I M S A P P R 0 V A L * WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO H~REBY CERTIFY THAT THE MERCHANDISE * OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT * IN THE AMOUNT OF $480,313 .0 8 THIS 13RD DAY OF JUNE, 2017 * * * * MAYOR FINANCE DIRECTOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF HOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Michael G. Moro, Public Works Superintendent June 13, 2017 MOTION Renewal-Industrial Waste Discharge Permit No. 12, Pure Country Harvest Legislative History: June 13, 2017 Motion Attached is a copy of the proposed Industrial Waste Discharge Permit No. 12 for Pure Country Harvest. Staff discussed the permit with representatives from Pure Country Harvest and then prepared the waste discharge permit, which closely resembles the permit that has been issued by the Department of Ecology. Paul Klingeman Sr., owner, has signed the proposed permit. Background Pure Country Harvest is a significant industrial user and is required to have an industrial waste discharge permit from the DOE and the City of Moses Lake. All discharge permits expire in five years and are required to be renewed to continue discharging to the City's wastewater system. Fiscal and Policy Implications There are no fiscal implications. Page 1of2 Options Option i Results --·--·---;--Aut;;;;1;~th;-atyM;;~~g-e-r-to-ex;~t;!-The~-ci-ustrv··-;-ill-c-on-tin-~·e-· to -·ci·i~~h;rg-;t-hei~ the permit. I wastewater to the City's system. I -----.l----·---·-·-----------·--------------·---- 1 The industry will have to pursue other options I for their wastewater. --·--·---·-----·--,---·---·-·--·-·-·--• Take no action. Staff Recommendation Staff recommends City Council approve and authorize the City Manager to execute the Industrial Waste Discharge Permit No. 12 for Pure Country Harvest. Attachments A. Industrial Waste Discharge Permit No. 12 Legal Review The following documents are attached and subject to legal review: Type of Document ntle of Document Date Reviewed by Legal Counsel • none Page 2 of 2 I • f ' CITY OF MOSES LAKE INDUSTRIAL WASTE DISCHARGE PERMIT NO. 12 Pure Country Harvest 2721 W. Peninsula Drive Moses Lake, WA 98837 Effective Date: June 1, 2017 Expiration Date: March 31, 2022 Introduction The City of Moses Lake (City) issues this wastewater discharge permit to Pure Country Harvest (Permittee). This permit is compatible with Permit No.ST-005214 issued by Washington State Department of Ecology (Ecology). This permit authorizes the Permittee to discharge process wastewater from their Moses Lake facility at 2721 W. Peninsula Drive to the City's Dunes POTW in accordance with the conditions of this permit. The permit becomes effective as of the date signed. General Conditions 1. All discharges and activities authorized by this permit shall be consistent with the terms and conditions of this permit. The discharge of any wastewater with discharge rates or characteristics that exceed this permit shall constitute a violation of the terms and conditions of this permit. Whenever the Permittee refuses to take corrective action or continues to violate terms and conditions of this permit, the City may impose civil penalties; terminate this permit, or both. Termination of this permit may require disposal of the process wastewater in some manner other than into the private sewer or side sewer tributary to the Dunes POTW, at the expense of the Permittee. 2. All facility changes that could result in a significant deviation in the permitted characteristic of pollutants discharged to the Dunes POTW shall be reported to the City. Significant adverse deviations in characteristics of pollutants shall be submitted to the City for review and approval before discharging to the Dunes POTW. No significant change shall be made until plans have been approved by the City, and a new or modified permit has been issued. This permit does not authorize new connections, increased flows or significant changes. 3. The diversion or bypass of any discharge from any pre-treatment, utilized by the Permittee to maintain compliance with the terms of this permit, is prohibited, except where unavoidable to prevent loss of life, severe property damage, or as provided in the SPECIAL CONDITIONS of this permit. The procedures outlined in Paragraph 4 of the GENERAL CONDITIONS shall be followed in the event of such a diversion or bypass to the Dunes POTW. 4. In any event that causes a violation of the discharge rates or characteristics authorized by this permit, the Permittee shall take the following actions: a. Immediately take action to stop, contain, and clean up the unauthorized discharges or otherwise stop the noncompliance and correct the problem. b. Immediately notify the City so steps can be taken to prevent damage to the Dunes POTW. c. Submit a written report within fifteen (15) business days of the event, describing the breakdown, the actual quantity and quality of the resulting discharge, the corrective action taken, and the steps taken to prevent a recurrence. d. Pay reasonable costs incurred by the City that are associated with a breakdown, accident, or other cause that is attributable to such event. e. Pay a penalty for each occurrence of non-conformance with the conditions of this permit, as may be assessed in accordance with the Moses Lake Municipal Code. Pure Country Harvest Discharge Permit No. 12 Page I General Conditions (continued) 5. Compliance with the above requirements does not relieve the Permittee from responsibility to maintain continuous compliance with the conditions of this permit or the resulting liability for failure to comply. 6. The Permittee shall adequately maintain and efficiently operate all treatment and control facilities or systems installed or used by the Permittee to achieve compliance with the terms and conditions of this permit. 7. If any of the following findings have been discovered or reported to the City, the City will provide a written notice to the Permittee. The written notice by the Cit) will describe the findings and any actions that will be taken by the City or required of the Permittee. In addition to actions previously described in Item 4, the permit may be amended, suspended, or revoked in whole or in part. Within ten (I 0) business days of receiving the written notice, the Permittee may request a hearing before the City Council, to dispute the findings or to request a revision to actions described. The City Council's determination will be final. a. Violation of any terms or conditions of this permit. b. Obtaining this permit by misrepresentation or failure to fully disclose all relevant facts. c. A change in any condition that requires a permanent reduction or elimination of wastewater discharge to the Dunes POTW. 8. The Permittee shall allow authorized representatives of the City to perform the following actions: a. Enter portions of the premises where effluent sources, disposal systems, or records are kept. If either the City or the Permittee requests an escort for the premises, the Permittee shall provide the escort. b. Inspect monitoring equipment and monitoring methods required by this permit. c. Sample any effluent or pollutants that discharge to the Dunes POTW. d. Review test results and test methods. 9. The Permittee shall comply with all current federal, state, and local statutes, ordinances, and regulations. If the State's Waste Discharge Permit is revised to require more stringent limits on the Permittee's discharge to the Dunes POTW, the requirements of this permit may be revised by the City by providing written notice to the Permittee. 10. Within ten (10) business days of receiving the written notice ofrevisions by the City, the Permittee may request a hearing before the City Council, to dispute the revisions. Depending on the magnitude of the changes, the Permittee, City, and Ecology may negotiate a compliance schedule that will allow the Permittee to implement the required revisions over a specified period. 11. This permit does not authorize discharge into public waters of Washington State. Any discharge to public waters of Washington State is subject to applicable regulations administered by Ecology. 12. Costs incurred by the City in handling, treating, monitoring, and disposing of the Permittee's process wastewater shall be borne by the Permittee in the rate structure set forth by the City. The City may set forth the various fees in accordance with the Moses Lake Municipal Code. 13. The Permittee shall submit an application for permit renewal at least 180 days prior to the expiration date of the permit. In the event that the City does not respond within the allotted 180-day period, the existing permit shall remain in force until the revised permit is issued. 14. The Permittee shall pay fees associated with this permit as established by the Moses Lake Municipal Code. The City may revoke this permit if the permit fees are not paid. Pure Country Harvest Discharge Pennit No. 12 Page2 Special Conditions To determine the level of corrosion attributable to the process wastewater discharge, the City may require the Permittee to develop a corrosion monitoring system. The system shall consist of metal samples or other material placed in pipes, wet wells of pump stations, and other appropriate locations affected by the process wastewater discharge. By comparing the rate of corrosion with the rate of control samples placed in wastewater not affected by the process wastewater discharge, any increases in the rate of corrosion may be monitored. Such analyses of samples shall be carried out periodically by a firm experienced in corrosion testing and evaluation. All analyses and tests shall be at the Permittee's expense. Such analyses and tests shall be performed in a manner and at locations that are acceptable to both the Permittee and the City. Based upon the analyses, the Permittee shall pay for damages to the Dunes POTW, and for additional protective measures to the Dunes POTW, including any or all of the following items: installation of cathodic protection systems; installation of protective linings for pipes, manholes, and tanks; replacement of equipment, pipes, and appurtenances; structural modifications; and other measures as directed by the City. The biological and physical operations at the City's wastewater treatment plant shall not be impaired by the Permittee's wastewater discharge. The City's wastewater treatment plant is an extended aeration activated sludge system. Processes at the plant include influent pH & conductivity monitoring, grit removal, aeration, clarification, solids removal, flow measurement, ultraviolet (UV) disinfection, and infiltration. If the City determines that any biological or physical processes in the wastewater treatment plant are negatively impacted by the Permittee's process wastewater discharge, the Permittee shall immediately take actions on the Permittee's operations to ensure proper operation of the wastewater treatment plant. Effluent Limits During the period of this permit, the Permittee is authorized to discharge process and sanitary wastewater to the Dunes POTW, subject to the specified flow, concentration, and monitoring requirements. Process wastewater shall be monitored and discharged to the Dunes POTW and shall not exceed a maximum monthly average of9,900 gallons per day. The effluent limits for the discharge to the Dunes POTW are shown in Table 1: Outfall No. 001 is a sampling point downstream of the holding tanks and upstream of the POTW prior to introduction to the City's collection system. Limits of effluent characteristics that are not specifically listed in this permit shall be as set forth in City of Moses Lake Municipal Code, Chapter 13.05, Sewer Regulations, as of the date of this permit. In order to meet the effluent limits, the Permittee shall provide facilities as specified herein. When required, pretreatment and storage facilities shall be designed and operated by the Permittee in a manner such that the wastewater complies with the flow and concentration limits established herein. During emergency conditions, or when the effluent cannot meet the conditions of this permit, the Permittee shall divert the flow, collect the wastewater, and re-treat the effluent. If the effluent limits cannot be achieved by the onsite treatment system, the Permittee shall collect the effluent and send it off site for disposal in accordance with applicable regulations. Beginning on the date of issuance and lasting thru the expiration date of this permit, the Permittee is authorized to discharge process wastewater to the Dunes POTW subject to the following limits: TABLE 1: Effluent Limits, Outfall 001 Parameter Average Monthly a Maximum Daily b Flow' 9,900 gallons per day (gpd) Biochemical Oxygen Demand <BOD,) ---300 Milligrams/Liter (mg/L) Total Suspended Solids (TSS) -·--350 Milligrams/Liter (mg/L) Oil and Grease (TPH) ---100 Milligrams/Liter (mg/L) Parameter Minimum Maximum vH 6.0 11.0 Average Monthly effluent limit means the highest allowable average of daily discharges over a calendar month. To calculate the discharge value to a compare to the limit, you add the value of each daily discharge measured during the calendar month and divide this sum by the total number of daily discharges measured. Maximum Daily effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of a pollutant measured during a b calendar day. For pollutants with limits expressed in units of mass, calculate the daily discharge as the total mass of the pollutant discharged over the dav. For other units of measurement, the dailv discharge is the average measurement of the oollutant over the dav. This does not aoolv to oH. c Process water or the wastewater going to the holding tank is calculated from incoming water (city's water meter) and subtracting sanitary usage and watering the lawn divided by the amount oforoduction days of the month. Pure Country Harvest Discharge Permit No. 12 Page 3 Monitoring Requirements The Permittee shall monitor the wastewater and production according to the following schedule: Table 2: Effluent Monitorin!! Reouirements Outfall 001-Process Wastewater to Dunes POTW Parameter Units Samolin!! Freouencv Samole Tvoe Flow (Monthly Average) Gallons per day (GPD) !/month Estimated• Seotic Tanks Tanks Pumped Yes/No 1/month Visual Observation pH (min, max) Standard Units (s.u.) 4/year 0 Grab c,d Biochemical Oxygen Demand mg/L 4/year b Grab c,d (BODs) Total Suspended Solids (TSS) mg/L 4/year 0 Grab c,o Total Dissolved Solids (TDS) mg/L 4/year b Grab c,o Oil and Grease (Non Polar-TPH) mg/L 4/year b Grab c,o a Process water or the wastewater going to the holding tank is calculated from incoming water (city's water meter) and subtracting sanitary usage and watering; the lawn divided by the amount of production days of the month. b 4/year means sampling must be done in February, May, August and November. The permittee must report data on the monthly discharge monitoring report by March 15th, June 15th, September 15th, and December 15th_ c Grab sampling will be conducted during clean up. d Grab means a individual sample collected over a fifteen minute, or less period Sampling and Analytical Procedures Samples and measurements taken to meet the requirements of this permit shall be representative of the volume and nature of the monitoring parameters, including representative samples of unusual discharges or discharge conditions such as bypasses, upsets, and maintenance-related conditions affecting effluent quality. Sampling and analytical methods used to meet the water and wastewater-monitoring requirements specified in this permit shall conform to the latest revision of the following rules and documents unless otherwise specified in this permit or approved in writing by Ecology. a. Guidelines Establishing Test Procedures for the Analysis of Pollutants Contained in 40 CFR part I 36 b. Standard Methods for the Examination of Water and Wastewater (APHA) Flow Measurement, Field Measurement, and Continuous Monitoring Devices The Permittee Shall: I. Select and use appropriate flow measurement, field measurement, and continuous monitoring devices and methods that are consistent with accepted scientific practices. 2. Install, calibrate, and maintain these devices to ensure the accuracy of the measurements is consistent with the accepted industry standard, the manufacturer's recommendation, and approved O&M manual procedures for the device and the waste stream. 3. Calibrate continuous monitoring instruments weekly, unless a longer period is acceptable to the City, based on monitoring records. 4. Use field measurement devices as directed by the manufacturer and do not use reagents beyond their expiration dates. 5. Establish a calibration frequency for each device or instrument in the O&M manual that conforms to the frequency recommended by the manufacturer. 6. Calibrate flow-monitoring devices at a minimum of at least one calibration per year. 7. Maintain calibration records for at least three years. Pure Country Harvest Discharge Permit No. 12 Page 4 Reporting and Record Requirements The Pennittee shall monitor and report in accordance with the conditions set forth in this pennit. Falsification of the information submitted to Ecolog) or to the City is a violation of the tenns and conditions of this pennit. Monitoring results required by this pennit shall be submitted in paper fonn by the 15•h day of the month following the sampling period. A copy of the DMR in Ecology "Paris" format will be accepted so long as the electronic signature fonn accompanies it. Submit a copy of the DMR by the 15'h day of the month following the monitoring period to: Attn: Tony Pfluger Wastewater Division Supervisor City of Moses Lake P.O. box 1579 Moses Lake, WA 98837 Records Retention Records of all monitoring infonnation shall be retained by the Pennittee for at least three (3) years, and longer as required by litigation or as requested by the City. Such infonnation shall include all calibration and maintenance records, all original recordings for continuous monitoring instrumentation, and copies of all reports required by this permit. Laboratory accreditation The Permittee must ensure that all monitoring data is required by the City for permit specified parameters is prepared by a laboratory registered or accredited under the provisions of Chapter 173-50 WAC, '·Accreditation of Environmental Laboratories". Flow, temperature, settleable solids, conductivity, pH, and internal process control parameters are exempt from this requirement. Req uest for Reduction in Monitoring The Permittee may request a reduction of the sampling frequency after twelve (12) months of monitoring. The City will review each request, and if approved, the reduction will be either included when the permit is reissued, or by a permit modification. To request a reduction in the sampling frequency, the Permittee shall provide the following to the City: 1. Provide a written request. 2. Clearly state the parameters for which it is requesting reduced monitoring. 3. Clearly state the justification for the reduction. Waste Preventative Practices The following methods shall be used by the Permittee to reduce or eliminate contaminant loading to the Dunes POTW: 1. Chemicals shall be stored in a manner that will prevent entry of these solutions into the Dunes POTW or waters of the state. All chemicals shall be stored using best management practices. 2. Pretreatment and storage systems shall be maintained continuously by the Pennittee, in satisfactory and effective operational condition, and shall be accessible to the City at all times. 3. The Pennittee shall designate a representative whose responsibilities shall include the operation and maintenance of pretreatment and storage facilities, monitoring requirements, permit compliance, and all other aspects of the process wastewater discharge. The City may contact the designated representative, at any time, to discuss matters related to the process wastewater discharge to the POTW. Pure Country Harvest Discharge Permit No. 12 Page 5 Waste Preventative Practices Continued 4. The Pennittee is liable for all damages directly attributable to its wastewater discharge, exclusive ofnonnal wear and tear. Pennittee shall not be jointly and severally liable for the damage caused by any other party, but shall only be liable for its pro-rata share of damages that are directly attributable to the Permittee's wastewater discharge. Attributable damages include those that may be caused by the wastewater collection system, pump stations, wastewater treatment plant, receiving water degradation, or any combination of these items. 5. In the event that a hazardous petroleum or radioactive material spill reaches the POTW, the Pennittee shall notify the City immediately. Reporting Permit Violations The Pennittee shall take the following actions when non-emergency pennit violations are discovered: I. Immediately stop, contain, and cleanup unauthorized discharges; or otherwise stop the noncompliance and correct the problem. 2. Contact the Cit) within 24-hours by phone or E-mail. Emergency Contact Information I. Tony Pfluger, Wastewater Division Supervisor 2. Michael G. Moro, Public Works Superintendant 3. Multi-Agency Communications Center Non-Emergency Contact Information I. Tony Pfluger, Wastewater Division Supervisor 2. Michael G. Moro, Public Works Superintendant 764-3966 or tpfluger@cityofml.com 764-3949 or mmoro@cityofml.com 911 emergency 764-3966 or tpfluger@cityofml.com 764-3949 or mmoro@cityofml.com 3. Multi-Agency Communications Center 762-I 160 non-emergency (for emergency, call 9 I I) Permittee Contact information The Pennittee authorizes the following personnel to be contacted regarding this pennit. 1. Paul Klingeman, Owner 765-5671 or paulsr@purecountry.us The Pennittee shall notify the City whenever the contact(s) shown are revised. Pure Country Harvest Discharge Permit No. 12 Page 6 Glossary Ciry: The City of Moses Lake, a municipal corporation of the State of Washington, or its duly authorized agents or representatives. Composite Sample: A mixture of grab samples collected at the same sampling point at different times, formed either by continuous sampling or by mixing discrete samples. May be time-composite (collected at constant time intervals) or flow-proportional (collected either as a constant volume at time intervals proportional to stream flow or collected by increasing the volume of each aliquot as the flow increased while maintaining a constant time interval between the aliquots. Constituent: Any of the pollutants or potential pollutants found in the process wastewater. Effluent Limits: Flow, concentration, pH and mass loading limits for wastewater discharged to the Dunes POTW by the Permittee. Environmental Protection Agency: Federal environmental regulatory agency. Equalization Basin: The Permittee's final containment structure for process wastewater discharged to the Dunes POTW. Hazardous Material: Any of the dangerous or extremely dangerous wastes identified in the Washington Administrative Code Chapter 173-303. Monitoring: The program of flow and constituent determination outlined to insure compliance with the effluent limits and to define the flow and constituent levels in an expanded scope for the wastewater discharged to the POTW. Permittee: Pure Country Harvest POTW: The system of gravity sewers, force mains, pumps stations, and wastewater treatment plant owned by the City. Pre-treatment and Storage: The facilities designed, constructed, and operated by the Permittee to alter process wastewater, prior to discharging to the POTW, to comply with the effluent limits. Process Wastewater: Water discharged as a by-product of any of the various industrial processes. Radioactive Waste: Any materials defined as radioactive in the Washington Administrative Code, Title 246 or appropriate Federal regulations. Sanitary Wastewater: Wastewater generated by non-industrial activities, typically, domestic wastewater. Pure Country Harvest Discharge Permit No. 12 Page 7 • C +I • - ln witness whereof, the parties hereto have caused this permit to be executed in duplicate by their respectively authorized officers or representatives. CITY OF MOSES LAKE Municipal Services Department 40 I South Balsam P. 0. Drawer 1579 Moses Lake, WA 9883 7 John M. Williams, City Manager Pure Country Harvest 2721 W. Peninsula Drive MOSES LAKE, WASHINGTON 98837 By~~~ Mr. Paul Klingeman Sr., Owner Pure Country Harvest Discharge Permit No. 12 Date ______ _ Date Page 8 To: From: Date: Proceeding Type: Subject: • First Presentation: • Action Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Richard Law, Acting City Engineer June 13, 2017 MOTION Request To Accept-Completion of the Winona Lift Station Project -2016 Legislative History: I May 241h, 2016 1 Motion ! ! Culbert Construction, Inc. has completed work on the Winona Lift Station Project -2016 and it is ready to be accepted. Background The project consisted of the reconstruction of the existing Winona Lift Station including new pumps, electrical, controls and communications. The work was awarded in the amount of $224,037.41 and the final contract amount is $233,564.01. The extra costs were the result of additional work required at these sites to improve the final product. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Page 1 of2 Options Option Results • Approve a motion to accept the The 60 day lien period will begin. project. --·----·-···------------·-----------------·----------------·----------- • Take no action. The project won't be accepted at this time. Staff Recommendation Staff recommends accepting the Winona Lift St ation Project -2016. Attachments A. None 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 To: From: Date: Proceeding Type: Subject: • First Presentation: • Action Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Richard Law, Acting City Engineer June 13, 2017 MOTION Request To Accept -Completion of the Larson Water Meter Project -2016 Legislative History: j May 24th, 2016 j Motion i Culbert Construction, Inc. has completed work on the Larson Water Meter Project -2016 and it is ready to be accepted. Background The project consisted of the replacement of sixty-five (65) 1-inch diameter water service connections and sixteen (16) 2-inch diameter water service connections and associated piping within the Larson Housing area, Big Bend College area, and Port district. The work includes eighteen (18) traffic rated water meter vaults, cement concrete work, repair of disturbed irrigation systems, and sod replacement. The work was awarded in the amount of $247,841.09 and the final contract amount is $231,129.54. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Page 1of2 Options --------··--···-<!J!.tion ·---·-·--------__ l ____ ···---·---···--·Ilesul~~------·---·-··-·- • Approve a motion to accept the I The 60 day lien period will begin. • ::;:o acti~----------------+he project ·won't beacc;pied atthis t~- Staff Recommendation Staff recommends accepting the Larson Water Meter Project-2016. Attachments A. None 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 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 W . Robert Taylor, Finance Director June 13, 2017 Motion Ordinance -Amend MLMC 5.22 Pawnbrokers & Secondhand Dealers Legislative History: I May 23, 2017 June :1:3, 2017 i Motion Attached is an ordinance amending Moses Lake Municipal Code (MLMC 5.22.020) entitled "Pawnbrokers and Secondhand Dealers -Application and fee". The paragraph is being revised so that only businesses dealing in highly valued merchandise are subject to regulations and fees that come with dealing with goods that are highly susceptible to theft. Requiring all merchants to succumb to the same rigors as the high profile stores place an unwarranted financial burden on stores that were dealing in low end sales of clothing, books and furniture. This will align the city statute with what has been a practice of monitoring those pawnbrokers and secondhand dealers that trade in highly sought after merchandise and not every dealer that conducts business with used items, taking away resources that can be better utilized. Background The purpose of this chapter and section was to be sure all businesses dealing in previously owned merchandise were reputable dealers with no criminal history and the businesses were dealing with goods that were legitimately acquired. The city has grown and more businesses now fall under the Page 1of2 ordinance that was once limited to businesses that dealt strictly with highly valued merchandise. Today thrift stores fall under the same category as pawnbrokers for the purpose of this section. The purpose of the change is to not require the same scrutiny of stores trading in smaller lessor valued items as those that deal with higher profiled goods. Fiscal and Policy Implications The ordinance will have minimal fiscal impact as there are only four thrift stores and a few more that would no longer be required to pay for the fingerprinting and screening. The change will parallel the existing practice of monitoring only businesses with high risk of dealing in stolen items. Options ----·-·---·-· ___ Qp_!!on ________ _ I Results Action would separate business types and only • Adopt ordinance as presented • Take no action Staff Recommendation j pawnshops would be required to complete a pawn list reporting form to the ML Police Dept. The MLMC would not be amended and all secondhand dealers would be subject to the same fees and consideration as before. Staff recommends that City Council move to adopt the ordinance as presented. Attachments I A. I Ordinance No. 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. 2865 AN ORDINANCE AMENDING CHAPTER 5.22 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "PAWNBROKERS AND SECONDHAND DEALERS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 5.22 of the Moses Lake Municipal Code entitled "Pawnbrokers and Secondhand Dealers" is amended as follows: 5.22.020 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. that deal with firearms. precious metals. gem stones. electronics. tools. and artwork. Application for a 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. Fingerprinting costs are included in the applicant review fee. The application shall be referred to the Police Department for review. 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 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 June 13, 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 June 13, 2017 Consideration Ordinance -Amend MLMC 1.08 General Penalty Legislative History: February 28, 2017 June 13, 2017 Consideration Attached is an Ordinance amending Moses Lake Municipal Code 1.08, General Penalty which is part of the proposed revisions to MLMC 1.20 Civil Code Enforcement as directed by the City Council. 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 was the issue of those property owners who continually come under Code Enforcement for public nuisance violations of the Municipal Code. As a result the City Council directed staff to amend Chapter 1.08, General Penalty to include a $150 administrative fee to offset staff time with repeat offenders. Page 1of2 Fiscal and Policy Implications N/A Options _____ '?_ption _______________________ ·-·--···---··-·-·····------R_~~~lts --·----··-··----····-- • 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 consider adopting the proposed 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 1.08 Civil Code Enforcement In review Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1.08 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "GENERAL PENAL TY" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 1.08 of the Moses Lake Municipal Code entitled "General Penalty" is amended as follows: 1.08.030 Penalties for Civil Violations -Designated: The following specific, non-deferrable, non- suspendable civil penalties may be adopted by categorical reference in other sections of this code as a specific civil penalty to be imposed for a civil violation of the sections specified: Category C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 C-12 C-13 C-14 C-15 C-16 C-17 C-18 C-19 C-20 C-21 Penalty Not less than $1 . 150 +.BOO Not less than $800 Not less than $600 Not less than $650 500 Not less than $400 Not less than $360 Not less than $350 2B9 Not less than $180 Not less than $170 Not less than $160 Not less than $140 Not less than $120 Not less than $100 Not less than $80 Not less than $70 Not less than $60 Not less than $50 Not less than $40 Not less than $30 Not less than $25 Not less than $20 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 June 27, 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 City Council John Williams, City Manager June 13, 2017 Presentation Request to Change MLMC 3.18.060{C)-GamblingTax for Card Rooms Legislative History: June 13, 2017 1 Presentation Mr. Garbe of Lake Bowl will attend to make a presentation to City Council requesting modification of the Gambling Tax rate for Card Rooms. Background Presentation only. Page 1of1 Sections: 3.18.020 3.18.060 3.18.100 3.18.140 3.18.200 3.18.240 3.18.280 3.18.320 3.18.360 3.18.400 3.18.440 3.18.450 3.18.520 3.18.600 Definitions CHAPTER 3.18 GAMBLING TAX Taxes Imposed -Amounts Tax to be Computed and Paid Quarterly-Exceptions Administration and Collection of Tax Method of Payment Failure to Make Timely Payments of Tax or Fee Notice of Intention to Engage in Activity to be Filed Records Required Overpayment or Underpayment of Tax Failure to Make Return Tax Additional to Others Notice of Violation and Order to Pay to Correct Limitations on Right to Recovery Revenue CITY OF MOSES LAKE MUNICIPAL CODE 3.18.020 Definitions: For the purposes of this chapter, the words and terms used shall have the same meaning as each has under Chapter 218, Laws of 1973, 1st Ex. Sess. and RCW Chapter 9.46, each as amended, and under the rules of the Washington State Gambling Commission, Chapter 230 WAC, unless otherwise specifically provided or the context in which they are used herein clearly indicates that they be given some other meaning. (Ord. 918, 1979) 3.18.060 Taxes Imposed -Amounts: There is levied a tax upon all persons, associations, and organizations who conduct or operate gambling activities within the city and who have been duly licensed by the Washington State Gambling Commission to conduct or operate such gambling activities, which tax shall be paid on the following gambling activities in the following respective amounts: A. Bingo and Raffle Games: Any bingo or raffle activity, a tax computed at the rate of five percent (5%) of the gross receipts from a bingo game or raffle, less the amount awarded as cash or merchandise prizes; provided, however, that no tax shall be imposed under the authority of this chapter on bingo or raffles when such activity or any combination thereof is conducted by any bona fide charitable or non-profit organization as defined in RCW 9.26.020 (3), which organization has no paid operating or management personnel and has gross income from bingo or raffles, or any combination thereof, not exceeding five thousand dollars ($5,000) per year less the amount paid for as prizes; and provided further, that activities carried out by public or private schools or by organizations sponsored by or related to public or private schools, including parent organizations and student body organizations, shall be exempt from the provisions of this chapter when the proceeds of such activities are applied for the benefit of any such school or school-sponsored or school-related organization; and provided further, that any deviation from exemption restrictions enumerated in this subsection shall subject such organization to the requirements of this chapter to the same extent as if such exemption had not been granted, including required payment within ten (10) days after written demand of the Finance Director of any taxes formerly granted exemption under this subsection. B. Punchboard or Pull-Tab: Any punchboard or pull-tab, as of January 1, 1994, a tax computed at the rate of three percent (3.0%) of the gross receipts received from the conduct of such activity. The tax shall be assessed at the rate of two and a half percent (2''h%) of the gross receipts beginning the second quarter of 1995 provided the city's sales tax revenues exceeds the West Coast CPI C-W for the year of 1994 by at least two percent (2%) over those revenues for 1993. 10 (5/15) CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 3.18 -GAMBLING TAX C. Card Games: Any card game, a tax computed at the rate of ten percent (10%) of the gross income received from the conduct of such activity. (Ord. 1955, 5/23/00; Ord. 1613, 1994; Ord. 1575, 1993; Ord. 1425, 1990; Ord. 1343, 1988; Ord. 1305, 1987; Ord. 1221, 1986; Ord. 918, 1979) 3.18.100 Tax to be Computed and Paid Quarterly -Exceptions: Each of the various taxes imposed by this chapter shall be computed on the basis of activity during each calendar quarter year. They shall be due and payable in quarterly installments, and the remittance, together with return forms, shall be made to the City of Moses Lake, Washington. This shall be done on or before the last day of the month next succeeding the quarterly period in which the tax is accrued; that is, on January 31st, April 30th, July 31st, and October 31st of each year. The following exceptions to this payment schedule shall be allowed or required: A. Whenever any person, association, or organization taxable under this chapter conducting or operating a taxable activity on a regular basis discontinues operation for a period of more than four (4) consecutive weeks, or quits business, sells out, or otherwise disposes of the business, or terminates the business, any tax due shall become payable, and such taxpayer shall within ten (10) days make a return and pay the tax. B. Whenever it appears to the Finance Director that the collection of taxes from any person, association, or organization may be in jeopardy, the Finance Director, after not less than fifteen ( 15) days' notice to the taxpayer, may require the taxpayer to remit taxes and returns at whatever intervals the Finance Director shall deem appropriate under the circumstances. C. Whenever reports required by the State Gambling Commission under the provisions of RCW Chapter 9.46 are required on less than a quarterly basis, any person, association, or organiza- tion taxable under this chapter shall report to the city on the same basis. (Ord. 918, 1979) 3.18.140 Administration and Collection of Tax: A. Administration and collection of the various taxes imposed in this chapter shall be the responsibility of the Finance Director of the city. Remittance of the amount due shall be accompanied by a completed return form prescribed and provided by the Finance Director. The taxpayer shall be required to swear and affirm that the information given in the return is true, accurate, and complete. The Finance Director is authorized, but not required, to mail to taxpayers the necessary forms. Failure of the taxpayers to receive such a form shall not excuse them from making the return and timely paying all taxes due. The Finance Director shall make forms available to the public in reasonable numbers in his office during regular business hours. B. In addition to the return form, a copy of the taxpayer's quarterly report to the Washington State Gambling Commission required by WAC 230-08 for the period in which the tax accrued shall accompany remittance of the tax. (Ord. 918, 1979) 3.18.200 Method of Payment: Taxes payable shall be remitted to the Finance Director on or before the time required by bank draft, certified check, cashier's check, personal check, money order, or in cash. If payment is made by draft or check, the tax shall not be deemed paid until the draft or check is honored in the usual course of business, nor shall the acceptance of any sum by the Finance Director be an acquittance or discharge of the tax unless the taxes due are paid in full. The return and a copy of the quarterly report to the Washington State Gambling Commission shall be filed in the office of the Finance Director after notation by that office upon the return of the amount actually received from the taxpayer. (Ord. 918, 1979) 11 (6/08) CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 3.18 -GAMBLING TAX 3.18.240 Failure to Make Timely Payments of Tax or Fee: If full payment of any tax or fee due is not received by the Finance Director on or before the date due, there shall be added to the amount due a penalty fee as follows: A. One (1) to ten (10) days late, six percent (6%) of tax due; B. Eleven (11) to twenty (20) days late, eight percent (8%) of tax due; C. Twenty-one (21) to thirty-one (31) days late, ten percent (10%) of tax due; D. Thirty-two (32) to sixty (60) days late, twelve percent (12%) of tax due; But in no event shall the penalty amount be less than five dollars ($5). In addition to this penalty, the Finance Director shall charge the taxpayer interest of one percent ( 1 % ) on all taxes and fees due for each thirty-day (30) period or portion thereof that said amounts are past due. Failure to make payment in full of all tax amounts, and penalties, within sixty days (60) following the day the tax amount initially became due shall be both a civil and criminal penalty of this section. (Ord. 2415, 9/23/08; Ord. 918, 1979) 3. 18.280 Notice of Intention to Engage in Activity to be Filed: A. In order that the city may identify those persons who are subject to taxation under these provisions, each person, association, or organization shall file with the Finance Director a form "Declaration of Intent" to conduct an activity taxable as provided in this chapter. The Declaration of Intent shall be a form to be prescribed by the Finance Director and shall be submitted with a copy of the license issued by the Washington State Gambling Commission. The filing shall be made not later than ten (10) days prior to conducting or operating a taxable activity or twenty (20) days after the effective date of the ordinance codified in this chapter if the activity is being conducted prior to its adoption. No fee shall be charged for such filing, which is not for the purpose of regulation of this activity. B. Failure to timely file shall not excuse any person, association, or organization from any tax liability. (Ord. 918, 1979) 3.18.320 Records Required: A. Each person, association, or organization engaging in an activity taxable under these provisions shall maintain records respecting that activity which truly, completely, and accurately disclose all information necessary to determine the tax liability during each base tax period. Such records shall be kept and maintained for a period of not less than three (3) years. In addition, all information and items required by the Washington State Gambling Commission under WAC 23-08, and the United States Internal Revenue Service respecting taxation, shall be kept and maintained for the periods required by those agencies. B. All books, records, and other items required to be kept and maintained under this section shall be subject to and immediately available for inspection and audit at any reasonable time with reasonable notice. Inspection shall be made upon demand by the Finance Director or his designee, at the place where such records are kept, for the purpose of enforcing these provisions. C. Where the taxpayer does not keep all of the books, records, or items required in this jurisdiction, the taxpayer shall either: 1. Produce all of the required books, records, or items within the city for such inspection within seven days following a request of the Finance Director; or 12 (9/08) CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 3.18 -GAMBLING TAX 2. Bear the actual cost of the inspection by the Finance Director or his designee, at the location at which such books, records, or items are located, provided that a taxpayer choosing to bear these costs shall pay in advance to the Finance Director the estimated costs thereof, including, but not limited to , round-trip fare by the most rapid means, lodging, meals, and incidental expenses. The actual amount due, or to be refunded, for expenses shall be determined following said examination of the records. (Ord. 918, 1979) 3.18.360 Overpayment or Underpayment of Tax: If, upon application by a taxpayer for a refund or an audit of his records, or upon any examination of the returns or records by the Finance Director, it is determined that within the immediate past three (3) years: A. A tax or other fee has been paid in excess of that properly due, the total excess paid over all amounts due to the city within such period shall be credited to the taxpayer's account or shall be credited to the taxpayer at the taxpayer's option. No refund or credit shall be allowed with respect to any excess amounts paid more than three (3) years before the date of such application or examination. B. A tax or other fee has been paid which is less than properly due, or no tax or other fee has been paid, the Finance Director shall mail a statement to the taxpayer showing the balance due, including the tax amount or penalty assessment and fees, and it shall be a separate, additional violation of the provisions of this section, both civil and criminal, if the taxpayer fails to make payment in full within ten (10) calendar days of mailing. (Ord. 918, 1979) 3.18.400 Failure to Make Return: If any taxpayer fails, neglects, or refuses to make and file his return as and when required under these provisions, the Finance Director is authorized to determine the amount of tax payable, together with any penalty and/or interest assessed. The taxpayer shall then be notified by mail of the amount which shall become immediately due and payable. (Ord. 918, 1979) 3.18.440 Tax Additional to Others: The tax levied under this chapter shall be in addition to any license fee or tax imposed or levied under any law or any other ordinance of the city except as otherwise expressly provided in this chapter. (Ord. 918, 1979) 3.18.450 Notice of Violation and Order to Pay to Correct: A. General. If the Finance Director determines that any person is violating any of the provisions of this Chapter including but not limited to payment of taxes with the office of the Finance Director, he or she may issue a Notice of Violation and Order to Pay or Correct. This Notice will specifically indicate the following: 1. The name and address of the person(s) charged with the violation. 2. The street address or description of the location of the site on which the violation has been determined to exist. 3. The amount necessary to cure the violation, including payment of taxes and penalties, 4. The date by which the payment is to be made. 5. A statement that the civil penalties established in 1.20 shall be assessed against the person(s) cited if the payment is not made within the specified time or the violation is not cured. B. Appeals: Any Notice of Violation and Order to Pay issued by the Finance Director shall be appealable to the Hearing Examiner under Chapter 20.03. 13 (5/15) C. Penalties: CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 3.18-GAMBLING TAX 1. Any violation for which a Notice of Violation and Order to Pay or Correct has been issued but which has not been paid or corrected within the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5,000), beginning on the day the payment was to be made. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to bar further operation of a business, trade, or occupation in violation of this chapter. 2. If a penalty has been assessed pursuant to 1.20, a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. D. If the Finance Director determines that the violator continues to operate a business, trade, or profession after the Notice of Violation and Order to Pay or Correct has been issued and payment has not been received within the time specified, the Finance Director shall issue a notice of termination of utility service to any property permitting such business, trade, or profession to operate in violation of this chapter. Such notice of termination of utility service shall be issued pursuant to Chapter 13.12 and the procedures therein shall be followed. The Finance Director may refer the matter to the City Attorney for civil enforcement by injunction or other appropriate action. E. Compromise, Settlement, and Disposition of Disputes or Litigation: The Finance Director and the City Attorney may negotiate a settlement or compromise, or otherwise dispose of a dispute or litigation when to do so would be in the best interests of the city. (Ord. 2764, 5/12/15; Ord. 2387, 4/8/08; Ord. 2374, 2/26/08; Ord. 1643, 1994) 3.18.520 Limitations on Right to Recovery: The right of recovery by the city from the taxpayer for any tax provided under this chapter shall be outlawed after the expiration of three (3) calendar years from the date that tax became due. The right of recovery against the city because of overpayment of tax by any taxpayer shall be outlawed after the expiration of three (3) calendar years from the date such payment was made. (Ord. 918, 1979) 3.18.600 Revenue: Any revenue collected from such tax shall be used primarily by the city for the purpose of the enforcement of the provisions of RCW Chapter 9.46, the rules and regulations of the Wash- ington State Gambling Commission, and this chapter. (Ord. 918, 1979) 13-1 (5/15) To: From: Date: Proceeding Type: Subject: • First Presentation: • 2nd Presentation: • 3rd Presentation • Action: Background CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT City Council John Williams, City Manager June 13, 2017 Motion Resolution -Transportation Benefit Dist. -Ballot Measure Prop. 1 Legislative History: j April 11, 2017 April 25, 2017 June 13, 2017 Motion The Moses Lake City Council established a TBD on December 27, 2016 under Revised Code of Washington (RCW) 36.73 and 35.21.225. The TBD has the same boundaries as the City of Moses Lake and the City Council acts in an ex officio and independent capacity as the TBD governing board. On February 28, 2017, the TBD imposed a $20.00 vehicle license fee as authorized by the statute. These funds are to be collected beginning October 1, 2017. The TBD also imposed a sales and use tax up to .02%, contingent to voters' approval. On April 11, 2017 the Moses Lake City Council adopted Resolution No. 3670 and assumed the Transportation Benefit District. Majority of the transportation benefit districts (TBD) are primarily funded through vehicle license fees and/or sales taxes. With a backlog of street projects totaling more than $13.4 million dollars, the Moses Lake Transportation Benefit District can consider sa les and use taxes as a revenue option and repeal the $20.00 vehicle license fee after a period of time. In recent years, with other TBD jurisdictions, the voters approved the proposed TBD sales and use taxes with the belief that all who share their roads would contribute to safer streets in their cities. Page 1of2 The Moses Lake City Council directed staff at the May 23, 2017 council meeting to prepare a resolution that, if approved, would submit a ballot proposition to the voters to impose 0.2% sales and use tax to fund the preservation, restoration, and construction of City streets. The proposition will appear on the ballot at the November 7, 2017 General Election. In order for the ballot measure to appear on the November 7, 2017, election date, a resolution needs to be submitted to the Grant County Auditor's Office not later than August 1, 2017. Options • • Option __L Results Present the ballot proposition to_ t!}~~ I '.~proposition passes, revenue from a 0.2% sales voters of the district to impose a 0.2% tax increase will provide the ability to continue sales and use tax to fund the street maintenance and preservation programs. preservation and restoration of City streets on November 7, 2017. Submit the proposition at different date I Additional costs would occur for a special ·----·-------_xection -----·---·-·- Take no action. I The ballot proposition wouldn't be introduced to • I the voters and without additional revenue, the street maintenance and preservation programs would continue to decline. Staff Recommendation Staff recommends Council adopt the resolution and submit Proposition No. 1 to the registered voters of the district before the deadline of August 1, 2017. Attachments I A. I Resolution No. 3673 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Resolution Resolution of the TBD providing for a 06/07/2017 -Reviewed by City ballot measure Attorney, Katherine Kenison Page 2 of 2 RESOLUTION NO. 36 73 A RESOLUTION OF THE MOSES LAKE TRANSPORTATION BENEFIT DISTRICT BOARD PROVIDING FOR A BALLOT PROPOSITION TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE DISTRICT TO AUTHORIZE A SALES AND USE TAX TO BE IMPOSED WITHIN THE BOUNDARIES OF THE DISTRICT UPON ALL TAXABLE RETAIL SALES AND USES IN THE AMOUNT OF TWO-TENTHS OF ONE PERCENT (0.2%) FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS ASSOCIATED WITH TRANSPORTATION IMPROVEMENTS IN THE DISTRICTS IDENTIFIED HEREIN RECITALS: 1. The City of Moses Lake established a transportation benefit district as authorized by the Revised Code of Washington (RCW) 35 .21.225 and subject to the provisions of RCW 36. 73 through the adoption of Ordinance No. 2847 on December 27, 2016 for the purpose of acquiring, constructing, improving, providing, and funding transportation improvements within the district that are consistent with any existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels. 2. The City Council of the City of Moses Lake found it to be in the best interests of the City to establish a citywide transportation benefit district for the preservation and maintenance of the City's transportation infrastructure. 3. The necessary transportation improvement projects are identified in the City of Moses Lake's Comprehensive Transportation Program, Annual Preservation and Maintenance Program, or the City's Six-year Transportation Improvement Program. 4. The City Council adopted Ordinance No. 2 on February 28, 201 7 which imposed a twenty dollar ($20) vehicle license fee on all qualified vehicles registered within the City and will begin collecting that in October 2017, but has identified a sales and use tax imposed in accordance with RCW 82.14.0455 as a more fair funding source. 5. RCW 36.73.040(3)(a) authorizes transportation benefit districts to impose a sales and use tax in accordance with RCW 82.14.0455(1) in an amount not exceeding two-tenths of one percent (0.2%) for a period of ten ( 10) years upon a favorable vote of the qualified electors within the district for the purpose of financing certain transportation improvements. 6. If approved by the voters, the sales and use tax will be used for the purpose of acquiring, constructing, improving, providing and funding transportation improvements within the City of Moses Lake's Transportation Benefit District, a.k.a. the City of Moses Lake city limits. 7. If approved by the voters, the sales and use tax will apply to persons who shop and thereby use streets and roadways in the City of Moses Lake and not just to City/District residents. 8. If approved by the voters, revenues from the sales tax will be used entirely for transportation improvements in the City of Moses Lake Transportation Benefit District. 9. If the sales and use tax is approved by the voters, the twenty dollar ($20) vehicle license tab fee will be rescinded. 10. The governing board of the Moses Lake Transportation Benefit District has considered this matter during a duly called public meeting of said District board, has given this matter careful review and consideration, and finds that good government and the best interested of the City of Moses Lake will be served by the passage of this resolution. NOW, THEREFORE, THE GOVERNING BOARD OF THE CITY OF MOSES LAKE TRANSPORTATION BENEFIT DISTRICT DOES RESOLVE AS FOLLOWS: RESOLUTION NO. Page 2 June 13, 2017 Section 1. Purpose. The governing board of the Moses Lake Transportation Benefit District finds that it is in the best interests of the district to submit to the qualified voters of the district, at a future election to be determined, a proposition authorizing the City of Moses Lake Transportation Benefit District to impose a sales and use tax of two-tenths ofone percent (0.2%) pursuant to RCW sections 36.73.050(3)(a), 36.73.065(1 ) and 82.14.0455 for the purpose of raising revenue to acquire, invest in , construct, improve, provide, operate, preserve, maintain and/or fund transportation improvements in the district, and to impose such sales and use tax if approved by an affirmative vote of a majority of the district voters voting at the election. Section 2. Revenues. The revenues received from this portion of the sales and use tax shall only be expended on transportation projects approved by the Board of the District. The governing board of the Transportation Benefit District shall determine the application of moneys available for the Transportation Benefit District projects so as to accomplish projects. Section 3. Material change policy. The governing board may alter, make substitutions to, and amend the projects as it determines in the best interests of the District and in accordance with the material change policy adopted by the board and the notice, hearing, and other procedures described in RCW Chapter 36.73, including and without limitation RCW 36.73.050(2)(b) as amended. Section 4. Considerations regarding transportation improvements. The governing board finds that the transportation improvements which will reduce risk of transportation facility failure and improve safety, improve travel time, improve air quality, increase daily and peak-period trip capacity, improve modal connectivity, improve freight mobility, provide cost-effective investment, provide for optimal performance of the transportation system through time, and improve accessibility for, or other benefits to, persons with special transportation needs, are in the best interests of the City. Section 5. Ballot Measure. The Auditor of Grant County, as ex-officio supervisor of elections, is hereby requested to conduct an election in the City of Moses Lake Transportation Benefit District, in the manner provided by law, to be held on a November 7, 2017, for the purpose of submitting to the qualified electors of the Transportation Benefit District, a proposition in accordance with RCW 29A.36.071 and in substantially the following form: CITY OF MOSES LAKE TRANSPORTATION BENEFIT DISTRICT MOSES LAKE, WASHINGTON SALES AND USE TAX FOR TRANSPORTATION IMPROVEMENTS The City of Moses LakeTransportation Benefit District Board adopted Resolution No. 3 concerning a sales and use tax to fund transportation improvements. This proposition would authorize replacement of the Transportation Benefit District Board approved $20.00 vehicle license fee with the establishment of a sales and use tax of two-tenths of one percent (0. 02) to be collected from all taxable retail sales and uses within the district in accordance with RCW 82.14.0455 for a term of (10) years for the purpose of paying costs of transportation improvements identified in the City's Transportation programs. Shall this proposition be approved? D YES D NO Section 6. Authorization . The Clerk of the City of Moses Lake Transportation Benefit District is authorized and directed to present th is resolution to the Auditor of Grant County, Washington in accordance with RCW 29A.04.321 and as provided by law. Section 7. Corrections. The Clerk of the City of Moses Lake Transportation Benefit District is authorized to make necessary clerical corrections to this resolution, including but not limited to the corrections of scrivener's and clerical errors, references, numbering, section and subsection number and any references thereto, and to make corrections and revisions consistent with the requirements of the offices of the Grant County Auditor which do not change the substantive meaning of this resolution. RESOLUTION NO. Page 3 June 13, 2017 Section 8. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase. Section 9. Effective Date. This resolution shall take effect and be in full force immediately upon passage by the Board. Adopted by the Moses Lake City Council and the Transportation Benefit District Board this 13th day of June, 2017. ATTEST: Todd Voth, Mayor W. Robert Taylor, Finance Director To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Third Presentation: • Action: Background CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT City Council John Williams, City Manager June 13, 2017 Motion Resolution -ML City Council Supporting Proposition No. 1 -TBD Legislative History: April 11, 2017 April 25, 2017 June 13, 2017 Motion The Moses Lake City Council directed staff at the May 23, 2017 council meeting to prepare a resolution that, if approved, would submit a ballot proposition to the voters to impose 0.2% sales and use tax to fund the preservation, restoration, and construction of City streets. The proposition will appear on the ballot at the November 7, 2017 General Election. Council has also directed City Staff to provide voter education through fact sheets, open houses, and brochures to Moses Lake voters and residents. The Moses Lake City Council supports Proposition No. 1. The City Council finds that it is in the best interests of the City to support the proposed ballot measure to increase sales and use tax by 2/10ths of 1%, which will be on the November 7, 2017 General Election. Passage of Proposition No. 1 will benefit the citizens of the City by providing funding to preserve and maintain the City's transportation infrastructure. Page 1of2 Staff Recommendation Staff recommends adopting the resolution as presented. Attachments Resolution No. 3674 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Resolution Resolution Supporting Proposition No. City Attorney, Katherine Kenison 1 which will be presented to the voters atthe General Election, Nov. 7, 2017 Page 2 of 2 RESOLUTION NO. 3674 A RESOLUTION SUPPORTING PROPOSITION NO. 1 WHICH IS PRESENTED TO THE VOTERS AT THE GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2017 PROPOSING A SALES/USE TAX FOR COSTS ASSOCIATED WITH TRANSPORTATION IMPROVEMENTS WITHIN THE CITY OF MOSES LAKE'S TRANSPORTATION BENEFIT DISTRICT RECITALS. 1. The City of Moses Lake Transportation Benefit District Board and the Moses Lake City Council have determined that it is in the best interest of the citizens of Moses Lake to establish and fund a citywide transportation district for the preservation and maintenance of the City's transportation infrastructure. 2. A Transportation Benefit District was established in the City of Moses Lake on December 27, 2016 for the purpose of constructing and maintaining transportation improvements. 3. The Transportation Benefit District imposed a twenty dollar ($20) vehicle tab fee to raise funds to be used for necessary transportation improvements. 4. The twenty dollar ($20) vehicle tab fee is collected on all vehicles registered in the City of Moses Lake beginning October 2017. 5. The Transportation Benefit District proposed a 2/1 Oths of 1 % sales/use tax be imposed on all taxable retail sales and uses within the City so that all users of the City's streets, including those who shop in the City and thereby use City streets, would contribute to the funds for transportation improvements. 6. Upon passage of the sales/use tax the twenty dollar ($20) vehicle tab fee would be eliminated. 7. The Transportation Benefit District requested that the sales/use tax option be placed on the November 7, 2017 general election ballot. 8. This resolution has come before the Moses Lake City Council at its meeting of June 13, 2017, with notice thereof given in the manner required by RCW 42.17 A.555. 9. At said meeting members of the City Council and members of the public in attendance were afforded an approximately equal opportunity for the expression of opposing views. RESOLVED 1. The City Council of the City of Moses Lake supports Proposition #1, which if it passes, will raise monies in a more equitable manner to fund costs associated with transportation improvements within the City of Moses Lake. Adopted by the City Council on June 13, 2017. ATTEST: Todd Voth, Mayor W. Robert Taylor, Finance Director To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY Of MOSES LAf<E CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Director/Deputy City Manager June 13, 2017 MOTION Resolution -Nuisance Abatement -1208 S. Alderwood Legislative History: I June 13, 2017 ! i Motion Attached is a resolution providing for the abatement of a nuisance at 1208 S. Alderwood, owned by Housing & Urban Development. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. Background The code enforcement matter at 1208 S. Alderwood was found by the Code Enforcement Officer while on routine patrol of the city. In accordance with MLMC 8.14, Nuisances, the site was inspected and determined to be a nuisance pursuant to MLMC 8.14. See attached May 12, 2017 Notice of Violation and Order to Correct or Cease Activity. Fiscal and Policy Implications N/A Page 1of2 Options Results -·---·--·-··--·-·-·----_E_ption -------~-·---·--·+----·-·-·---·----· • Consider the Resolution abating the I Compliance with MLMC 8.14 Nuisances existing nuisances at 1208 5. Alderwood ! --··-··-~--·-.. c;nsfder the Resolution and tak;·-·~~ I Non-Complia~~·-;ith .. MLMC8~i4," Nuisances ____ _ action. I Staff Recommendation Staff recommends that City Council consider abating the existing nuisance at 1208 S. Alderwood and pass the Resolution as presented. Attachments Exhibits 1-4 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Resolution Nuisance Abatement City Attorney Katherine Kenison Page 2 of 2 RESOLUTION N0.3675 A RESOLUTION DETERMINING THAT HOUSING & URBAN DEVELOPMENT IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Prooertv Location and Ownership It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 1208 S. Alderwood Drive (Lot 17, less S 15' & W 10", Block 5, Columbia Homes Addition #2), Parcel #091171000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 U. The records of Grant County show the owner of the subject property to be Housing & Urban Development, c/o Information Systems & Networks, 2401 NW 23'd Street, Suite D, Oklahoma City, OK 73107. 2. Notice. On May 12, 2017 the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On June 1, 2017 the Code Enforcement Officer caused to be delivered to Housing & Urban Development a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of June 13, 2017. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 U -Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. 4. Hearing. On June 13, 2017 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. RESOLUTION NO. Page 2 June 13, 2017 5. Evidence: 5.1. The following persons testified under oath: Rick Rodriguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved: EXHIBIT #1: Moses Lake Municipal Code Chapter 8.14.030 U EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 12, 2017 from the Code Enforcement Officer addressed to Housing & Urban Development, c/o Information Systems & Networks, 2401 NW 23rd Street, Suite 1D, Oklahoma City, OK 73107. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1208 S. Alderwood Drive, Moses Lake, Washington. EXHIBIT #4: Letter dated June 1, 2017 from the Code Enforcement Officer to Housing & Urban Development advising the property owner of the hearing regarding abatement of property, scheduled for June 13, 2017. 1. A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 1208 S. Alderwood Drive, Moses Lake, Washington. Housing & Urban Development, c/o Information Systems & Networks, 2401 NW 23rd Street, Suite 1 D, Oklahoma City, OK 73107, is the record contract owners of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: weeds in excess of 12" in height 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 4. Housing & Urban Development, the record contract owner, has fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 4.1 removal of weeds 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the clean up required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. A copy of this resolution shall be provided to the record contract owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on June 13, 2017. ATTEST: Todd Voth, Mayor W. Robert Taylor, Finance Director City of Moses Lake HOSES LAKE Code Enforcement Division Contact: BRETT HOLLEN Phone: (509) 764-3748 , NOTICE TO CORRECT -UNSAFE OR UNLAWFUL CONDITION DATED: Thursday, April 27, 2017 ISSUED TO: CASE Housing & Urban Development C/O Information Systems & Networks 2401 NW 23rd St Ste 1 D Oklahoma City, OK 73107 #: COD2017-0315 As owner, agent, lessee, other person occupying or having charge or control of the building, lot or premises described in the location below, you are hereby notified that the undersigned, pursuant to the violations listed below of the Moses Lake Municipal Code, has determined that there exists upon or adjoining said premises the following conditions: Grass and Weeds in excess of 12" in height are present in the front, sides, and back areas of this home, as well as in the sidewalk planter strip. LOCATION OF UNLAWFUL CONDITION LOCATION: 1208 S ALDERWOOD DR, MOSES LAKE PARCEL: 091171000 LEGAL DESC: Lot 17 LS S15' & W10' Block 5 Columbia Homes Add #2 VIOLATIONS 8. 14. 030. U -Maintenance of grasses, weeds, etc Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. CORRECTION REQUIRED Grass and Weeds must be cut to lower than 12" in height. You are notified to correct said conditions to the satisfaction of the undersigned by Thursday, May 11, 2017. If you do not correct the condition within the specified time period, a notice and order to correct the condition will be issued to you, which can result in a penalty being imposed. I would like to thank you in advance for your cooperating efforts. If you have any questions or need clarification on any of the above-mentioned items, please give me a call at (509) 764-3748 or come see me at City Hall. BRETT HOLLEN Code Enforcement Officer City of Moses Lake I 321 S. Balsam Avenue I General Office Number (509)764-3750 8.14.030 Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. Compliance shall be required as follows: 1. Property with no sidewalks/activity trail or residential dwelling on the property shall be exempt. 2. Property with sidewalks/activity trail but no residential dwelling shall be required to control vegetation ten feet ( 1 O') from the back of the sidewalks/activity trail. 3. Property with sidewalks/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property. Exhibit 1 Page 1 of 1 MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE OF VIOLA TJON AND ORDER TO CORRECT OR CEASE ACTIVITY DATED: Friday, May 12, 2017 ISSUED TO: Housing & Urban Development C/O Information Systems & Networks 2401 NW 23rd St Ste 1 D Oklahoma City, OK 73107 CASE#: COD2017-0315 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS: Grass and Weeds in excess of 12" in height are present in the front, sides, and back areas of this home, as well as in the sidewalk planter strip. The City is requiring these corrections listed on this Notice and Order be accomplished by Friday, May 26, 2017. ACTION NECESSARY TO CORRECT VIOLATION Grass and Weeds must be cut to lower than 12" in height. LOCATION OF UNLAWFUL CONDITION LOCATION: 1208 S ALDERWOOD DR, MOSES LAKE PARCEL: 091171000 LEGAL DESC: Lot 17 LS S15' & W10' Block 5 Columbia Homes Add #2 PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLA TED 8. 14. 030. U -Maintenance of grasses, weeds, etc Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12'J in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: 1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5,000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [MLMC 1.20.11 O(F)]. 2. If a penalty has been assessed pursuant to MLMC 1.20.11 O{F), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN FOURTEEN (14) DAYS OF Exhibit 2 Page 1 of 2 THIS f'.30TICE PURSUANT TO SECTION 1.20.120 OF THE MOSES LAKE MUNICIPAL CODE BY FILING A NOTICE OF APPEAL WITH THE CITY CLERK, 401 S. BALSAM ST., MOSES LAKE. YOU MAY ALTERNATIVELY REQUEST AN INFORMAL APPEAL OF THIS NOTICE AND ORDER TO THE COMMUNITY DEVELOPMENT DIRECTOR WITHIN TEN (10) DAYS OF THIS NOTICE PURSUANT TO SECTION 1.20.120 OF THE MOSES LAKE MUNICIPAL CODE BY FILING A NOTICE OF APPEAL WITH THE COMMUNITY DEVELOPMENT DIRECTOR, 321 S. BALSAM ST., MOSES LAKE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HEREIN, THIS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APPROPRIATE ACTION. Sincerely, 3fa#~~ BRETT HOLLEN Code Enforcement Officer Exhibit 2 Page 2 of 2 MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Thursday, June 1, 2017 Housing & Urban Development C/O Information Systems & Networks 2401 NW 23rd St Suite 1 D Oklahoma City, OK 73107 RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2017-0315 Property Located at: 1208 S ALDERWOOD DR, MOSES LAKE on Parcel 091171000 Via Regular Mail and Certified Mail Housing & Urban Development You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of Moses Lake described as: Lot 17 LS SIS' & WlO' Block 5 Columbia Homes Add #2 This property is located at: 1208 S ALDERWOOD DR, MOSES LAKE on Parcel 091171000 On Friday, May 12, 2017 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of Friday, May 26, 2017 the nuisance located on the subject property has not been corrected or removed. Pursuant to Moses Lake Municipal Code (MLCM) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Council at the Council's regular meeting on Tuesday June 13th 2017, which is more than ten days from the date of this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of the subject property. At the hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone (509) 764-3701. @ Rl~K RODRJG~EZ Code Enforcement Officer cc: City Manager City Attorney Community Development Director Exhibit 4 Page 1of1 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, Community Dev. Director/Deputy City Manager June 13, 2017 MOTION Resolution -Nuisance Abatement-1061 S. Division Legislative History: i June 13, 2017 I I Motion Attached is a resolution providing for the abatement of a nuisance at 1061 S. Division owned by Bonita Theresa Evens Estate. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. Background The code enforcement matter at 1061 S. Division was found by the Code Enforcement Officer while on routine patrol of the city. In accordance with MLMC 8.14, Nuisances, the site was inspected and determined to be a nuisance pursuant to MLMC 8.14. See attached May 11 , 2017 Notice of Violation and Order to Correct or Cease Activity. Fiscal and Policy Implications N/A Page 1 of2 Options Option I Results ---·---·-·---·-··-···-·-·-----·-·-·-·--·---·-·--·--·-·--·---·-·-----t·--··-·-·-----·------·--------------- • Consider the Resolution abating the ! Compliance with MLMC 8.14 Nuisances I existing nuisances at 1061 S. Division I I -·-·--·-·-·-·--·---·--·--·-----··--·-------------+------·--·-·-·----·-·-·-·----·-·--·-·-·-·-·---·----·-·-·-·------·-----• Consider the Resolution and take no i Non-Compliance with MLMC 8.14, Nuisances action. I Staff Recommendation Staff recommends that City Council consider abating the existing nuisance at 1061 S. Division and pass the Resolution as presented. Attachments Exhibits 1-4 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Resolution Nuisance Abatement City Attorney Katherine Kenison Page 2 of 2 RESOLUTION NO. 3676 A RESOLUTION DETERMINING THAT BONITA THERESA EVENS ESTATE IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 1061 S. Division (Lot 1, Maver Addition) Parcel #101520000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 U. The records of Grant County show the owner of the subject property to be Bonita Theresa Evens Estate, c/o Rube Evens, P. 0 . Box 56, Yakutat, AK 99689-0056. 2. Notice. On May 11, 2017 the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On June 1, 2017, the Code Enforcement Officer caused to be delivered to Bonita Thereas Evens Estate a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of June 13, 2017. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 U: Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan , which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. 4. Hearing. On June 13, 2017 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. RESOLUTION NO. Page 2 June 13, 2017 5. Evidence: 5.1. The following persons testified under oath: Rick Rod riguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved: EXHIBIT #1: Moses Lake Municipal Code Section 8.14.030 U. EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 11 , 2017 from the Code Enforcement Officer addressed to Bonita Theresa Evens Estate, c/o Rube Evens, P. 0 . Box 56, Yakutat, AK 99689-0056. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1061 S. Division Street, Moses Lake, Washington. EXHIBIT #4: Letter dated June 1, 21017 from the Code Enforcement Officer to Bonita Theresa Evens Estate advising the property owner of the hearing regarding abatement of property, scheduled for June 13, 2017. 1. A public nuisance in violation of MLMC 8.14 030 U exists on the subject property at 1061 S. Division, Moses Lake, Washington. Bonita Theresa Evens Estate, c/o Rube Evens, P. 0 . Box 56, Yakutat, AK 99689-0056 is the record contract owner of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: Weeds in excess of 12" 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 4. Bonita Thereas Evens Estate, the record contract owner, has fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 4.1 Weeds must be cut down and removed 5. City staff shall provide a status report to City Council on the progress of the record contract owner and occupant to make the clean up required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. A copy of th is resolution shall be provided to the record contract owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on June 13, 2017. Todd Voth, Mayor ATTEST: W. Robert Taylor, Finance Director ffi~\ \W City of Moses Lake tr'..-.. . ~ CITY et HOSES LAKE Code Enforcement Division Contact: BRETT HOLLEN Phone: (509) 764-3748 NOTICE TO CORRECT -UNSAFE OR UNLAWFUL CONDITION DATED: Wednesday, April 26, 2017 ISSUED TO: BONITA THERESA EVENS EST C/O RUBE EVENS PO BOX 56 YAKUTAT, AK 99689-0056 CASE#: COD2017-0300 As owner, agent, lessee, other person occupying or having charge or control of the building, lot or premises described in the location below, you are hereby notified that the undersigned, pursuant to the violations listed below of the Moses Lake Municipal Code, has determined that there exists upon or adjoining said premises the following conditions: Grass and Weeds in excess of 12" in height are present in the back yard area, in the sidewalk planter strip along the sidewalk, and outside the back fence along the alley way. LOCATION OF UNLAWFUL CONDITION LOCATION: 1061 S DIVISION ST, MOSES LAKE LEGAL DESC: Lot 1 Maver Add VIOLATIONS 8. 14. 030.U -Maintenance of grasses, weeds, etc PARCEL: 101520000 Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12'J in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. CORRECTION REQUIRED Grass and weeds must be cut to lower than 12" in height. Weeds must be removed from the sidewalk planter strips. You are notified to correct said conditions to the satisfaction of the undersigned by Wednesday, May 10, 2017. If you do not correct the condition within the specified time period, a notice and order to correct the condition will be issued to you, which can result in a penalty being imposed. I would like to thank you in advance for your cooperating efforts. If you have any questions or need clarification on any of the above-mentioned items, please give me a call at (509) 764-3748 or come see me at City Hall. Sincerely, 4~~ BRETT HOLLEN Code Enforcement Officer City of Moses Lake I 321 S. Balsam Avenue I General Office Number (509)764-3750 8.14.030 Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. Compliance shall be required as follows: 1. Property with no sidewalks/activity trail or residential dwelling on the property shall be exempt. 2. Property with sidewalks/activity trail but no residential dwelling shall be required to control vegetation ten feet ( 1 O') from the back of the sidewalks/activity trail. 3. Property with sidewalks/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property. Exhibit 1 Page 1 of 1 MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY DATED: Thursday, May 11, 2017 ISSUED TO: BONITA THERESA EVENS EST C/O RUBE EVENS PO BOX 56 YAKUTAT, AK 99689-0056 CASE#: COD2017-0300 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS: Grass and Weeds in excess of 12" in height are present in the back yard area, in the sidewalk planter strip along the sidewalk, and outside the back fence along the alley way. The City is requiring these corrections listed on this Notice and Order be accomplished by Thursday, May 25, 2017. ACTION NECESSARY TO CORRECT VIOLATION Grass and weeds must be cut to lower than 12" in height. Weeds must be removed from the sidewalk planter strips. LOCATION OF UNLAWFUL CONDITION LOCATION: 1061 S DIVISION ST, MOSES LAKE LEGAL DESC: Lot 1 Maver Add PARCEL: 101520000 PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLATED 8. 14. 030. U -Maintenance of grasses, weeds, etc Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: 1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5,000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. (MLMC 1.20.11 O(F)]. 2. If a penalty has been assessed pursuant to MLMC 1.20.11 O(F), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees . Exhibit 2 Page 1 of 2 YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN FOURTEEN (14) DAYS OF THIS NOTICE PURSUANT TO SECTION 1.20.120 OF THE MOSES LAKE MUNICIPAL CODE BY FILING A NOTICE OF APPEAL WITH THE CITY CLERK, 401 S. BALSAM ST., MOSES LAKE. YOU MAY ALTERNATIVELY REQUEST AN INFORMAL APPEAL OF THIS NOTICE AND ORDER TO THE COMMUNITY DEVELOPMENT DIRECTOR WITHIN TEN (10) DAYS OF THIS NOTICE PURSUANT TO SECTION 1.20.120 OF THE MOSES LAKE MUNICIPAL CODE BY FILING A NOTICE OF APPEAL WITH THE COMMUNITY DEVELOPMENT DIRECTOR, 321 S. BALSAM ST., MOSES LAKE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HEREIN, THIS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APPROPRIATE ACTION. ;g~~ BRETT HOLLEN Code Enforcement Officer Exhibit 2 Page 2 of 2 @Ji) ~ a a v:==3 v=f=I ~ ~ (c:::>J ~ i:::::::::s [!@) ~ ~ ' . ~. (§J MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Thursday, June l, 2017 BONITA THERESA EVENS EST CIO RUBE EVENS PO BOX 56 YAKUTAT, AK 99689-0056 RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2017-0300 Property Located at: 1061 S DIVISION ST, MOSES LAKE on Parcel 101520000 Via Regular Mail and Return Receipt Mail BO NIT A THERESA EVENS EST You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of Moses Lake described as: Lot l Maver Add This property is located at: 1061 S DIVISION ST, MOSES LAKE on Parcel I 01520000 On Thursday, May 11, 2017 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of Thursday, May 25, 2017 the nuisance located on the subject property has not been corrected or removed. Pursuant to Moses Lake Municipal Code (MLCM) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Council at the Council's regular meeting on Tuesday June l 31h, 2017, which is more than ten days from the date of this Jetter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of the subject property. At the hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone (509) 764-3701. 8;;J/;/J, lfl{1'oria uEz Code Enforcement Officer cc: City Manager City Attorney Community Development Director Exhibit 4 Page 1 of 1 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, Community Dev. Director/Deputy City Manager June 13, 2017 MOTION Resolution-Nuisance Abatement-2603 W. Texas Legislative History: June 13, 2017 Motion Attached is a resolution providing for the abatement of a nuisance at 2603 W. Texas, owned by Dorothy Hester. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. Background The code enforcement matter at 2603 W. Texas was found by the Code Enforcement Officer while on routine patrol of the city. In accordance with MLMC 8.14, Nuisances, the site was inspected and determined to be a nuisance pursuant to MLMC 8.14. See attached May 11, 2017 Notice of Violation and Order to Correct or Cease Activity. Fiscal and Policy Implications N/A Page 1 of 2 Options -------·----Option ---+-------------Results ------·-------- • Consider the Resolution abating the Compliance with MLMC 8.14 Nuisances existing nuisances at 2603 W. Texas ~~~--~~~~~~~~~~~~~~--!---~~~~~~-- • Consider the Resolution and take no Non-Compliance with MLMC 8.14, Nuisances action. Staff Recommendation Staff recommends that City Council consider abating the existing nuisance at 2603 W. Texas and pass the Resolution as presented. Attachments I R"ol,tioo No. Exhibits 1-4 legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Resolution Nuisance Abatement City Attorney Katherine Kenison Page 2 of 2 RESOLUTION NO. 3677 A RESOLUTION DETERMINING THAT DOROTHY N. HESTER IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 2603 W. Texas Street, Lot 22, Peninsula Addition #1, Parcel #110840000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 U. The records of Grant County show the owner of the subject property to be Dorothy N. Hester, c/o LaQuita Hester, 3511 S. Dawson Street, Seattle, WA 98118. Notices have been sent to Dorothy Hester, c/o LaQu ita Hester, 3511 S. Dawson Street, Seattle, WA 98118. 2. Notice. On May 11, 2017, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On June 2, 2017, the Code Enforcement Officer caused to be delivered to Dorothy N. Hester a notice of the intent of the City Council to consider adoption of a resolution such as th is at its meeting of June 13, 2017. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 U -Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. 4. Hearing. On June 13, 2017 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. RESOLUTION NO. Page 2 5. Evidence: 5.1 . The following persons testified under oath: Tina Jewell, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: EXHIBIT #1: Moses Lake Municipal Code Chapter 8.14.030 U June 13, 2017 EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 11 , 2017, from the Code Enforcement Officer addressed to Dorothy Hester, c/o LaQuita Hester, 3511 S. Dawson Street, Seattle, WA 98118. Resolved: EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 2603 W . Texas, Moses Lake, Washington. EXHIBIT #4: Letter dated June 2, 2017, from the Code Enforcement Officer to Dorothy Hester advising the property owner of the hearing regarding abatement of property, scheduled for June 13,2017. 1. A public nuisance in violation of MLMC 8.14.030 exists on the subject property at 2603 W. Texas, Moses Lake, Washington. Hester N. Dorothy, c/o LaQuita Hester, 3511 S. Dawson Street, Seattle, WA 98118 is the record contract owner of the subject property per the records of Grant County. Notices have been sent to Dorothy Hester, c/o LaQuita Hester, 3511 S. Dawson Street, Seattle, WA 98118. 2. The public nuisance located upon the subject property consists of: 2.1. Weeds and grass over 12" high 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 4. Dorothy N. Hester, the record contract owner, has fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 4.1 Grasses and weeds need to be cut down and/or removed from the area. 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the clean up required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. A copy of this resolution shall be provided to the record contract owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on June 13, 2017. ATTEST: Todd Voth, Mayor W . Robert Taylor, Finance Director City of Moses Lake CITY II• MOSES LAKE Code Enforcement Division -Contact: BRETT HOLLEN Phone: (509) 764-3748 NOTICE TO CORRECT -UNSAFE OR UNLAWFUL CONDITION DATED: Tuesday, April 25, 2017 ISSUED TO: CASE DOROTHY N HESTER C/O LAQUITA HESTER 3511 S DAWSON ST SEATTLE, WA 98118-1948 #: COD2017-0298 As owner, agent, lessee, other person occupying or having charge or control of the building, lot or premises described in the location below, you are hereby notified that the undersigned, pursuant to the violations listed below ofthe Moses Lake Municipal Code, has .determined that there exists upon or adjoining said premises the following conditions: Grass and Weeds in excess of 12" in height are present in the front, back, and side yard areas, and in the sidewalk planter strips. LOCATION OF UNLAWFUL CONDITION . . LOCATION: 2603 W TEXAS ST, MOSES LAKE LEGAL DESC: Lot 22 Peninsula Add #1 VIOLATIONS 8.14.030.U -Maintenance of grasses, weeds, etc PARCEL: 110840000 Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12'1 in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. CORRECTION REQUIRED Grass and Weeds must be cut to lower than 12" in height in all of these areas. You are notified to correct said conditions to the satisfaction of the undersigned by Tuesday, May 9, 2017. If you do not correct the condition within the specified time period, a notice and order to correct the condition will be issued to you, which can result in a penalty being imposed. I would like to thank you in advance for your cooperating efforts. If you have any questions or need clarification on any of ·the above-mentioned items, please give me a _ca!I at (509) 764-374~ or corne s~e .me at C_ity Hall. · Sincerely, /6 BRETT HOLLEN Code Enforcement Officer City of Moses Lake I 321 S. Balsam Avenue I General Office Number (509)764-3750 8.14.030 Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. Compliance shall be required as follows: 1. Property with no sidewalks/activity trail or residential dwelling on the property shall be exempt. 2. Property with sidewalks/activity trail but no residential dwelling shall be required to control vegetation ten feet (1 O') from the back of the sidewalks/activity trail. 3. Property with sidewalks/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property. Exhibit 1 Page 1 of 1 c • Y 't a• MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY DATED: Thursday, May 11, 2017 ISSUED TO: DOROTHY N HESTER C/O LAQUITA HESTER 3511 S DAWSON ST SEATTLE, WA 98118-1948 CASE#: COD2017-0298 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS: Grass and Weeds in excess of 12" in height are present in the front, back, and side yard areas, and in the sidewalk planter strips. The City is requiring these corrections listed on this Notice and Order be accomplished by Thursday, May 25, 2017. ACTION NECESSARY TO CORRECT VIOLATION Grass and Weeds must be cut to lower than 12" in height in all of these areas. LOCATION OF UNLAWFUL CONDITION LOCATION: 2603 WTEXAS ST, MOSES LAKE LEGAL DESC: Lot 22 Peninsula Add #1 PARCEL: 110840000 PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLA TED 8. 14. 030. U -Maintenance of grasses, weeds, etc Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12'? in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: 1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5,000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [MLMC 1.20.11 O(F)]. 2. If a penalty has been assessed pursuant to MLMC 1.20.1 1 O(F), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. Exhibit 2 Page 1 of 2 YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN FOURTEEN (14) DAYS OF THIS NOTICE PURSUANT TO SECTION 1.20.120 OF THE MOSES LAKE MUNICIPAL CODE BY FILING A NOTICE OF APPEAL WITH THE CITY CLERK, 401 S. BALSAM ST., MOSES LAKE. YOU MAY ALTERNATIVELY REQUEST AN INFORMAL APPEAL OF THIS NOTICE AND ORDER TO THE COMMUNITY DEVELOPMENT DIRECTOR WITHIN TEN (10) DAYS OF THIS NOTICE PURSUANT TO SECTION 1.20.120 OF THE MOSES LAKE MUNICIPAL CODE BY FILING A NOTICE OF APPEAL WITH THE COMMUNITY DEVELOPMENT DIRECTOR, 321 S. BALSAM ST., MOSES LAKE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HEREIN, THIS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APPROPRIATE ACTION. BRETT HOLLEN Code Enforcement Officer Exhibit 2 Page 2 of 2 C: IT Y 0' HOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Friday, June 2, 2017 DOROTHY N HESTER CIO LAQUITA HESTER 3511 SDAWSONST SEATTLE, WA 98118-1948 RE: Hearing to Permit City Abatement of Nuisance for case file #: COD2017-0298 Property Located at: 2603 W TEXAS ST, MOSES LAKE on Parcel 110840000 Via Regular Mail and Return Receipt Mail DOROTHY N HESTER You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of Moses Lake described as: Lot 22 Peninsula Add #1 This property is located at: 2603 W TEXAS ST, MOSES LAKE on Parcel 110840000 On Thursday, May 11 , 2017 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of Thursday, May 25, 2017 the nuisance located on the subject property has not been corrected or removed. Pursuant to Moses Lake Municipal Code (MLCM) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Council at the Council's regular meeting on which is more than ten days from the date of this letter. That meeting will begin at 7:00 p.m. June 13th, 2017, in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of the subject property. At the hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone (509) 764-3701. Sincerely, ,~~»! Tina Jewell Code Enforcement Officer cc: City Manager City Attorney Community Development Director Exhibit 4 Page 1 of 1