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2017 08 22__________________________________________________________________________________________________ _________________________________________________________________________________________________ Moses Lake City Council Todd Voth, Mayor | Karen Liebrecht, Deputy Mayor | Ryann Leonard, Council Member | David Curnel, Council Member | Don Myer, Council Member | Mike Norman, Council Member City Council Meeting Agenda August 22, 2017 Call to Order – 7:00 pm Roll Call Pledge of Allegiance Summary Reports: Mayor’s report Additional Business City Manager’s Report • New Employee – Parks Department Secretary • Railroad Update – Jeff Bishop, Executive Director – Port of ML • Cost of Service Study Update – FCS Group Citizen’s Communications – Identification Citizens who would like to address the council must complete one of the blue speaker request cards and submit it to the Executive Secretary. There is a (5) minute time limit per speaker. Consent Agenda All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #1 a. Approval of Minutes – August 8, 2017 Council Meeting b. Approval Bills and Checks Issued c. Set Date for Public Hearing – 6 Year Transportation Improvement Program d. Resolution – City Employees Authorized to Sign Checks e. Resolution – Accept Street & Utility Improvements – GTA Transit Center Old Business #2 Ordinance – Establishing Charges for Garbage Collection Motion Presented by Cindy Jensen, Finance Director Summary: Council to review and adopt ordinance as presented August 22, 2017, City Council Meeting – Page 2 New Business #3 Request to Accept Facility Naming Recommendation Motion Presented by Spencer Grigg, Parks and Recreation Director Summary: Council to review request and accept the recommendation from Parks & Rec. Commission #4 Request to Reject all Bids for Combined Storage Facility - 2017 Motion Presented by Fred Snoderly, Municipal Services Director Summary: Council to review bid summary and give direction to city staff #5 Resolution – Request to Build on Unplatted Property – Maiers Industrial Park Motion Presented by Gil Alvarado, Community Dev. Dir. / Deputy City Manager Summary: Council to review and adopt resolution as presented #6 Resolution – Nuisance Abatement – 1111 N. Evelyn Dr Motion Presented by Gil Alvarado, Community Dev. Director/Deputy City Manager Summary: Council to review and accept resolution as presented #7 Resolution – Nuisance Abatement – 1244 S. Division Motion Presented by Gil Alvarado, Community Dev. Director/Deputy City Manager Summary: Council to review and accept resolution as presented #8 Resolution – Nuisance Abatement – 814 S. Fairbanks Motion Presented by Gil Alvarado, Community Dev. Director/Deputy City Manager Summary: Council to review and accept resolution as presented #9 Resolution – Nuisance Abatement – 9972 Sunny Dr. Motion Presented by Gil Alvarado, Community Dev. Director/Deputy City Manager Summary: Council to review and accept resolution as presented Administrative Report Council Communications and Reports Executive Session Adjournment MOSES LAKE CITY COUNCIL August 8, 2017 CALL TO ORDER: 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. ROLL CALL: Executive Secretary Sophia Guerrero called the roll. The following were: Present: Mayor Todd Voth, Deputy Mayor Karen Liebrecht, and Council members Don Myers, David Curnel, Ryann Leonard, and Mike Norman and Position No. 1 is vacant. PLEDGE OF ALLEGIANCE: Yonezawa Sister City Exchange Student, Zach Henninger, led the Council in the pledge of allegiance. SUMMARY REPORTS: MAYOR'S REPORTS Proclamation -Yonezawa City/City of Moses Lake Sister City Week The proclamation declaring August 6 -14, 2017 as Yonezawa City, Japan/City of Moses Lake, WA Sister City Week was read in its entirety. ADDITIONAL BUSINESS -None CITY MANAGER'S REPORTS New City Employee Introductions John Williams, City Manager, introduced Cindy Jensen as the new Finance Director. Cindy Jensen, new Finance Director, introduced Kerri Smoot as the new Senior Accounting Clerk and Laura Elzig as the new Utility Clerk. Spencer Grigg, Parks and Recreation Director, introduced Carrie Ho iness as the new Parks and Recreation Supervisor. Transportation Benefit District (TSO) Proposition No. 1 -General Election -Update John Williams, City Manager, informed Council that the Grant County Elections Department has accepted our resolution regarding Transportation Benefit District (TSO) Proposition No 1 and it will be on the November 71h General Election Ballot. Considerable discussion by the Council. The consensus from Council to City Staff was to move forward with the suggested Open House date of October 10, 2017 to discuss the proposition ballot with the public. CITIZEN'S COMMUNICATIONS-None CITY COUNCIL MINUTES CONSENT AGENDA #1 a. Minutes: The minutes of the July 25, 2017 meeting were presented for approval. b. 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 August 8, 2017 the Council does approve for payment claims in the amount of $807,714.79; prepaid claims in the amounts of$12,111.40 and $83,815.00; claim checks in the amount of $2, 773, 173.11 ; and payroll in the amount of $387 ,212. 04 and $4,292.29. c . Authorize City Manager to Execute Industrial Waste Discharge Permit No. 8 A waste discharge permit for TK Holdings, Inc., was presented and authorization was requested to have the City Manager sign the permit. d. Ordinance -Amend MLMC 10.12 Parking Regulations Ordinance No. 2868 was presented to Council which modifies the existing no parking ordinance listed in MLMC 10.12.035 to allow parking on the west side of Lakeland Dr. between Nelson Road and Oasis Circle. e. Resolution -Abandonment of a Water Easement -Boeing Co Resolution No. 3682 was presented to Council which would abandon a portion of a water easement within Boeing Company's property. The existing water main has been realigned and the existing easement is no longer needed. f. Resolution -Accept a Municipal Easement -Boeing Co Resolution No. 3683 was presented to Council in which the Boeing Company has granted municipal easement for the realignment of an existing water main. g. Resolution -Accept a Utility Access Easement -Boeing Co Resolution No. 3684 was presented to Council in which the Boeing Company has granted an access easement to allow city staff to read and repair the city owned water and sanitary sewer meters and for testing and flushing sewer lift station, and private fire hydrants. Action Taken: Council Member Curnel moved that the Consent Agenda be approved, seconded by Council Member Leonard, and passed unanimously. OLD BUSINESS #2 Ordinance -Request to Repeal Ordinance No. 2405 -Parkview PURD A request from Bryan Henninger, Smith-Martin LLC, to repeal and replace Ordinance No. 2405 of the Parkview Planned Residential Unit Development (PURD), located at 922 S. Division. Wayne Morgan, representing Smith-Martin, has requested minor changes to the PURD Ordinance which are technical in nature and consistent with Ordinance No.2405 the Parkview PURD. The Moses Lake Municipal Code 18.67.210 provides for these types of amendments. Under new ownership, the existing PURD did not allow for changes to the design of buildings, fencing, or roofline. The owner is seeking to change the original proposed plan for lot 1 after the existing building was demolished last spring. The Planning Commission recommended that the City Council approve the proposed changes. pg.2 CITY COUNCIL MINUTES ------------ The ordinance repealing Ordinance No. 2405 creating a Parkview Planned Unit Development District of Moses Lake Pursuant to Moses Lake Municipal Code 18.67 was read by title only. Action taken: Councilmember Leonard moved to accept Ordinance No. 2867 as presented, seconded by Deputy Mayor Liebrecht, and passed unanimously. NEW BUSINESS #3 Ordinance -Establishing Charges for Garbage Collection An ordinance was presented which increases the sanitation rates for both commercial and residential accounts. This increase will keep pace with the increase in contractor charges and keep the fund solvent as required by RCW 35.92.010. Robert Taylor, Finance Director, explained the need for the increases. Considerable discussion by the City Council. Councilmember Leonard asked City Staff to bring back at the next council meeting a breakdown of interfund loans and budgeting forecast in order to make an informed decision about increased garbage rates. First presentation of this agenda item. No action taken. ADMINISTRATIVE REPORTS City Population -Office of Financial Management Gil Alvarado, Deputy City Manager, received and shared with Council the population numbers for Moses Lake received from the Office of Financial Management. The population estimate is 22,720 increased by 4 70 from last year. COUNCIL COMMUNICATIONS AND REPORTS-None EXECUTIVE SESSION -None ADJOURNMENT: The regular meeting was adjourned at 7:46 pm. Todd Voth, Mayor ATTEST Cindy Jensen, Finance Director pg. 3 DATE 8/17/17 TIME 17:00:45 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN C I L M E E T I NG 0 F 08 /22/2017 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= A & H PRINTERS 00000001 A B C HYDRAULICS 00006611 AAA RBADYMIX INC 00000027 ACTIVE NETWORK INC 00007606 ADVANCED ANALYTICAL SOLUTIONS 000054 72 AG WEST DISTRIBUTING CO INC 00006842 AMERICAN LINEN 000049 27 AfliY CLOUD 00007413 ARROW INTERNATIONAL INC 00007629 BASIN BARK 00006621 BASIN SEPTIC SERVICES 00000166 BATTERY SYSTEMS INC 00004673 0000081935 70.14 BUSINESS CARDS/JENSEN ====================== TOTAL: 0000082062 0000082062 70.14 390.44 MISC SUPPLIES 54.60 MISC SUPPLIES ====================== TOTAL: 445.04 0000081988 442.40 CONCRETE ====================== TOTAL: 442.40 0000082100 1,510.60 REGISTRATION SOFTWARE FEE ====================== TOTAL: 1,510.60 0000082000 57.00 LAB TEST SAMPLES TOTAL: 57.00 0000082066 0000082066 45.25 MISC SUPPLIES 28.54 MISC SUPPLIES ====================== TOTAL: 73 .. 79 0000081984 141 .41 LINEN SERVICE ====================== TOTAL: 141. 41 0000081989 108.93 SUPPLIES ====================== TOTAL: 108.93 0000082103 560.79 IO NEEDLES TOTAL: 560.79 0000082001 62.04 RED LAVA ROCK ====================== TOTAL: 62.04 0000082093 615.04 SEPTIC SERVICE TOTAL: 615 .04 DATE 8/17 /17 PAGE 2 TIME 17: 00: 4 5 XAPPRVD 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 08/22/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= BOUND TREE MEDICAL LLC 00006022 BUD CLARY FORD 00006454 BUSINESS INTERIORS & EQUIPMENT 00003619 CEDAR STREET CLEANERS 00004655 CENTRAL MACHINERY SALES INC 00002779 CENTRAL MANUFACTURING INC 00005478 CENTRAL WASHINGTON ASPHALT 00003510 CHS INC 00000249 CITY OF MOSES LAKE 00008201 0000082002 21. 61 BATTERIES ====================== TOTAL: 21.61 0000082104 1,301.14 MEDICAL SUPPLIES ====================== TOTAL: 1,301.14 0000082047 361.73 MISC REPAIR ====================== TOTAL: 0000082030 0000081995 361.73 30.16 NOTARY STAMP/TARVER 2,546.74 MAINT AGREEMENT/COPIERS ====================== TOTAL: 2,576.90 0000082017 539.76 UNIFORM MAINTENANCE ====================== TOTAL: 539.76 0000082048 351.65 MISC SUPPLIES ====================== TOTAL: 0000082005 TOTAL: 0000082006 TOTAL: 0000081863 0000081863 0000081863 351 .. 65 419.41 ASPHALT PATCH 419.41 397.20 MATERIAL-5/8 MINUS CSTC 397.20 87.20 1,174.47 17,775.00 FUEL FOR VEHICLES/DEF FUEL FOR VEHICLES/DEF FUEL FOR VEHICLES/DEF ====================== TOTAL: 19 ,036.67 0000082029 345.33 WATER SERVICE 0000082029 117. 43 WATER SERVI CE 0000082029 2,044.16 WATER SERVICE 0000082029 13,333.33 WATER SERVICE DATE 8/17/17 TIME 17:00:45 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E ET I NG 0 F 08/22/2017 Expenditure Account PAGE 3 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CITY OF MOSES LAKE 00008201 0000082029 1,242.98 WATER SERVICE 0000082029 2,375.13 WATER SERVICE 0000082029 1,271.12 WATER SERVICE 0000082029 4, 120 .11 WATER SERVICE 0000082029 219.45 WATER SERVICE 0000082029 567.94 WATER SERVICE 0000082029 473.81 WATER SERVICE 0000082029 2,103.85 WATER SERVICE 0000082029 111. 27 WATER SERVICE 0000082029 115.07 WATER SERVICE 0000082029 181. 31 WATER SERVICE 0000082029 5,856.91 WATER SERVICE 0000082029 2,417.24 WATER SERVICE 0000082029 107.51 WATER SERVICE ====================== TOTAL: 37 I 003,. 95 00008106 0000081907 577.68 RETAINAGE-WELL 28 SOFT START ====================== TOTAL: 577 .68 00008201 0000082029 2,529.84 WATER SERVICE 000008202 9 944.55 WATER SERVICE 0000082029 503..01 WATER SERVICE 0000082029 297.61 WATER SERVICE 0000082029 1,010.25 WATER SERVICE 0000082029 485.60 WATER SERVICE 0000082029 407.36 WATER SERVICE DATE 8/17 /17 TIME 17:00:45 PAGE 4 XAPPRVD 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 08/22/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CITY OF SPOKANE 00004 155 COLUMBIA BASIN PUBLISHING CO 00000210 COLUMBIA NORTHWEST ENGINEERING 00007294 CONFLUENCE HEALTH 00005069 CONSOLIDATED ELECTRIC DIST 00000819 0000082029 0000082029 0000082029 831.83 WATER SERVICE 107.77 WATER SERVICE 102.03 WATER SERVICE ====================== TOTAL: 7,219.85 0000081994 74.84 EVIDENCE DESTRUCTION ====================== TOTAL: 74.84 0000082036 0000082058 0000082058 0000081991 640.32 PUBLICATIONS 228.10 REC PROGRAM ADVERTISING 228.10 REC PROGRAM ADVERTISING 48.00 ADVERTISING ====================== TOTAL: 0000082084 0000082084 1,144.52 512.48 253.80 ====================== TOTAL: 766.28 0000082018 669.99 0000082038 218.51 0000082038 105.00 0000082016 199 .50 ====================== TOTAL: 1,193.00 0000082094 27.13 0000082094 192.56 0000082094 25.60 0000082003 31. 68 0000082003 12.82 PROFESS SERV AND KITTLESON RD PROFESS SERV AND KITTLESON RD PRE-EMPLOYMENT MEDICAL CDL EXAM, ELECTROCARDIOGRAM CDL EXAM, ELECTROCARDIOGRAM RESPIRATORY QUESTIONNAIRE MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES DATE 8/17/17 TIME 17:00:45 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 08 /22/2017 Expenditure Account PAGE 5 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CORRECT EQUIPMENT 00004721 CSWW, INC dba NO 40 OUTFITTERS 00001701 E F RECOVERY 00007244 EASTERN CASCADE DIST 00006909 FASTENAL COMPANY 00007372 GALLS, LLC 00000133 GRAINGER PARTS OPERATIONS 00002755 GRANT CO SOLID WASTE DEPT 00000640 HOME DEPOT CREDIT SERVICES 00007824 0000082003 167.99 MISC SUPPLIES ====================== TOTAL: 457. 78 0000082032 852.41 CHLORINE REGULATOR TUBES ====================== TOTAL: 852.41 0000082097 60.39 MISC SUPPLIES ====================== TOTAL: 0000082037 0000082037 60 .39 4,429.00 AMBLTLANCE BILLING/ JULY 101.66 AMBULANCE BILLING /JULY ====================== TOTAL: 0000082073 TOTAL: 0000082095 0000082008 TOTAL: 0000082074 0000082040 0000082040 4,530.66 86.25 DRINKING WATER 86.25 28.16 MISC SUPPLIES 16 .68 MISC SUPPLIES 44.84 1,878.39 1,477.58 1,47'7 .58 UNIFORMS UNIFORM ITEMS / NEW HIRES UNIFORM ITEMS / NEW HIRES =================~=~== TOTAL: 4,833.55 0000082009 17.42 MISC SUPPLIES/JANITORIAL ====================== TOTAL: 0000081999 TOTAL: 0000082046 0000082046 0000082046 17.42 19,751.30 LANDFILL DUMPING FEES 19, 751.30 36.66 MISC SUPPLIES 51.18 MISC SUPPLIES 87 .94 MISC SUPPLIES DATE 8/17/17 TIME 17:00:45 C I T Y 0 F M 0 S E S L A K E PAGE 6 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 N G 0 F 08/22/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= HOME DEPOT CREDIT SERVICES 00007824 0000082046 188.95 MISC SUPPLIES 0000082046 18 .63 MISC SUPPLIES 0000082046 257 .79 MISC SUPPLIES 0000082046 12.17 MISC SUPPLIES 0000082046 20. 72 MISC SUPPLIES 0000082046 85.03 MISC SUPPLIES 0000082046 36.51 MISC SUPPLIES ====================== TOTAL: 795.58 JEFF SURESLY 00006863 0000082107 427.98 PHONE REPLACEMENT ==================~=== TOTAL: 427.98 JERRYS AUTO SUPPLY 00005835 0000082010 430 .75 MISC SUPPLIES TOTAL: 430.75 KATHERINE L KENISON PS 00006980 0000082034 9,20C.OO PROF SERVICE/CITY ATTY ====================== TOTAL : 9,2Q~.oo KONICA MINOLTA BUSINESS SOL 00007194 0000081998 64.21 MAINT AGREE/COPIER ====================== TOTAL: 64.21 LAKESIDE DISPOSAL 00004080 0000082035 206,833.80 CONTRACT PAYMENT ====================== TOTAL: 206,833 .80 M-B COMPANIES INC 00007211 0000082049 165.91 MISC SUPPLIES TOTAL : 165.91 MIKE'S PLUMBING 00004522 0000082065 431. 60 EXCAVATE WATER SERVICE ====================== TOTAL: 431.60 MOSES LAKE RENTAL 00003550 0000082061 2~.05 MISC SUPPLIES ====================== TOTAL : 28,. 05 DATE 8/17/17 PAGE 7 TIME 17: 00: 45 XAPPRVD NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E ET I NG 0 F 08 /22/2017 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ===================================~=================================================================================== MOSES LAKE STEEL SUPPLY 00001268 NORCO ENTERPRISES INC 00006590 NORTHEND TRUCK EQUIPMENT INC 00005274 NORTHSTAR CHEMICAL INC 00006113 OREILLY AUTO PARTS 00004593 OXARC INC 00001412 QUILL CORPORATION 00004811 ROYAL ORGANIC PRODUCTS 00007187 SCHAEFFER MFG COMPANY 00003823 SHERWIN-WILLIAMS 00006229 SHRED IT 00003144 0000082096 12.17 MISC SUPPLIES ====================== TOTAL: 12.17 0000081985 736.82 MED OXYGEN & CYLINDER RENT TOTAL: 736.82 0000082050 723.18 MISC REPAIR PARTS ====================== TOTAL: 0000082064 0000082020 TOTAL: 0000082011 723.18 2, 741.74 HYDROCHLORIC ACID 2,019.50 SODIIJM HYPOCHLORITE 4, 761.24 8.61 MISC SUPPLIES ====================== TOTAL: 0000082102 0000081993 0000082055 8.61 901.51 MISC SUPPLIES 38.54 REPAIR & MAINTENANCE SUPPLIES 3.71 MISC SUPPLIES ====================== TOTAL : 943.76 0000082056 62.95 BREAKROOM SUPPLIES ===================~== TOTAL: 0000081997 TOTAL: 0000082051 TOTAL: 0000082101 0000082101 62.95 7,383.70 TIPPING FEES 7,383.70 6,440.95 SYN'fI:IETIC OIL/AUTO TRANS FLUID 6,440.95 280.43 MISC SUPPLIES 322.92 MISC SUPPLIES ====================== TOTAL: 603.35 DATE 8/17 /17 PAGE 8 TIME 17: 00: 45 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 M EE TING 0 F 08/22/2017 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= SIGNS NOW 00007051 SKAUG BROTHERS 00000005 SOFTWARE ONE INC 00005430 SPECTRUM COMMUNICATIONS 00002691 STERICYCLE 00005155 T M G SERVICES INC 00006368 0000082012 6.25 RECORDS DESTRUCTION 0000082012 6.25 RECORDS DESTRUCTION 0000082012 12.50 RECORDS DESTRUCTION 0000082012 12.50 RECORDS DESTRUCTION 0000082012 12.50 RECORDS DESTRUCTION 0000082012 4.17 RECORDS DESTRUCTION 0000082012 4.17 RECORDS DESTRUCTION 0000082012 4.16 RECORDS DESTRUCTION ====================== TOTAL: 0000082053 0000082053 0000082053 0000082053 0000082053 TOTAL: 0000082086 62.50 1,099.19 GRAPHICS POLICE VEHICLES 1,099 .19 GRAPHICS POLICE VEHICLES 1,099.19 GRAPHICS POLICE VEHICLES 1,099 .19 GRAPHICS POLICE VEHICLES 1,099.19 GRAPHICS POLICE VEHICLES 5,495.95 530.82 COVEBASE ====================== TOTAL: 530.82 0000081987 25,999.58 OFFICE STANDARD GOV LICENSES TOTAL: 25,999.58 0000082052 114.75 REPAIR/REPROGRAM RADIOS ====================== TOTAL: 114 .75 0000081981 249.07 MEDICAL WASTE DISPOSAL ====================== TOTAL: 249.07 0000082033 1,855.36 TUBE 1/2" NPT FLEXAPRENE ===================~== TOTAL: 1,855.36 DATE 8/17/17 TIME 17:00:45 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 M E E T I NG 0 F 08/22/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= THE ICE HOUSE 00008042 0000082060 105 .00 ICE RESALE-CASCADE CAMPGROUND ==================~=== TOTAL: 105.00 TRAFFIC SAFETY SUPPLY COMPANY 00003726 0000082014 1,545.15 SIGN MATERIAL ====================== TOTAL: 1,545.15 US BANCORP 00005477 0000082013 8,019.24 43A LEASE PYMT/SEPT 0000082013 903 .56 43A LEASE PYMT/SEPT ====================== TOTAL: 8,922.80 UTIL UNDRGRND LOCATION CENTER 00004598 0000082025 40.85 UNDERGROUND UTILITY LOCATES 0000082025 40.85 UNDERGROUND UTILITY LOCATES 0000082025 40.85 UNDERGROUND UTILITY LOCATES ====================== TOTAL: 122.55 VERIZON WIRELESS 00002107 0000082039 40.01 CELL PHONE SERVICE/AIRCARDS 0000082039 40.01 CELL PHONE SERVICE/AIRCARDS 0000082039 25.56 CELL PHONE SERVICE/AIRCARDS 0000082039 652.38 CELL PHONE SERVICE/AIRCARDS 0000082039 160.04 CELL PHONE SERVICE/AIRCARDS 0000082039 80.02 CELL PHONE SERVICE/AIRCARDS 0000082039 40 .01 CELL PHONE SERVICE/AIRCARDS 0000082039 40.01 CELL PHONE SERVICE/AIRCARDS 0000082039 120 .03 CELL PHONE SERVICE/AIRCARDS TOTAL: 1,198.07 W A C E 00006867 0000082028 200.00 Registratiqn TOTAL: 200.00 W M SMITH & ASSOCIATES INC 00004122 0000080674 19, 994. 72 POOL GRATES DATE 8/17/17 TIME 17:00:45 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 U N C I L M E E T I N G 0 F 08/22/20li NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= TOTAL: 19, 994 . 72 WA ST CRIMINAL JUSTICE TRNG 00003831 0000081992 2,421.00 TRAINING TOTAL: 2,421.00 WEAVER EXTERMINATING SERVICE 00004290 0000082111 69.06 ROOF.NT CONTROL ====================== TOTAL: 69.06 WEINSTEIN BEVERAGE COMPANY 00005990 0000082063 1,087.38 MISC SUPPLIES 0000082063 1,087.37 MISC SUPPLIES 0000082063 1,087.37 MISC SUPPLIES 0000082063 4,705.04 MISC SUPPLIES ====================== TOTAL: 7 / 967 .16 WESTERN PETERBILT INC 00006802 0000082019 4.98 MISC SUPPLIES ====================== TOTAL: 4.98 WILSON ENGINEERING 00007286 0000082085 3,094.25 PROFESS SERV DUNES HDWRKS 2016 ====================== TOTAL: 3,094.25 WOODARD AUTO & TRUCK 00005559 0000082071 949.60 REPLACE FUEL PUMP ASSEMBLY ====================== TOTAL: 949.60 REPORT TOTAL: 428,664.95 DATE THU, AUG 17, 2017, 5:00 PM TIME 17:00:46 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 IL MEETING 0 F 08/22/2017 TOTALS BY FUND FUND NO 000 116 119 410 477 490 493 495 498 517 519 528 GENERAL FUND STREET FUND NAME STREET REPR/RECON WATER/SEWER WATER SEWER CONSTRUCTION SANITATION STORM WATER AIRPORT AMBULANCE FUND 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 84,388.54 10,267.12 253.80 11,325.10 3,094.25 233 I 972, 96 1,147.0<J 503.0l 9,196.97 28,730.56 41,745.86 4,039.69 428,664.95 ACTION TO BE TAKEN TOTALS PAGE XAPPRVD ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * CLAIMS APPROVAL * 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 $428 ,664.95 THIS 22ND DAY OF AUGUST, 2017 * * * * * MAYOR FINANCE DIRECTOR * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DATE 8/10/17 TIME 09:19:33 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 MEET ING 0 F 08/22/2017 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CHAMBER OF COMMERCE 00002627 0000082004 4,000.00 FIREWORKS REIMB/VISIT CENTER 0000082004 29,500.00 FIREWORKS REIMB/VISIT CENTER ====================== TOTAL: 33,500.00 DAT ABAR 00007974 0000082031 441. 54 MAIL UTILITY BILLS 0000082031 441. 54 MAIL UTILITY BILLS 0000082031 441. 54 MAIL UTILITY BILLS 0000082031 441. 54 MAIL UTILITY BILLS 0000082031 441.56 MAIL UTILITY BILLS ====================== TOTAL: 2,207.72 LOWES 00003886 0000082021 52.44 MISC SUPPLIES 0000082021 35.29 MISC SUPPLIES 0000082021 355.39 MISC SUPPLIES 0000082021 109.93 MISC SUPPLIES 0000082021 614.00 MISC SUPPLIES 0000082021 41. 31 MISC SUPPLIES 0000082021 47.45 MISC SUPPLIES 0000082021 35.49 MISC SUPPLIES ====================== TOTAL: 1,291.30 PUD OF GRANT COUNTY 00001501 0000082022 645.49 ELECTRIC SERVICE 0000082022 19 .80 ELECTRIC SERVICE 0000082022 4,353.30 ELECTRIC SERVICE 0000082022 436. 71 ELECTRIC SERVICE 0000082023 2,476.67 ELEC SERVICE/ST LIGIITS 0000082022 38.36 ELECTRIC SERVICE DATE 8/10/17 TIME 09:19:33 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN C I L M E E T I NG 0 F 08/22 /2017 Expenditure Account PAGE 2 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= PUD OF GRANT COUNI'Y 00001501 0000082022 139. 50 ELECTRIC SERVICE 0000082024 1,283.45 ELEC SERVICE/MONTLAKE IRRIG 0000082022 227.73 ELECTRIC SERVICE 0000082022 1,090.58 ELECTRIC SERVICE 0000082022 81.03 ELECTRIC SERVICE 0000082022 27 .63 ELECTRIC SERVICE 0000082022 851.25 ELECTRIC SERVICE 0000082022 203.28 ELECTRIC SERVICE 0000082023 37,096.15 ELEC SERVICE/ST LIGHTS 0000082022 42,064.18 ELECTRIC SERVICE 0000082022 14,385.95 ELECTRIC SERVICE 0000082022 93.85 ELECTRIC SERVICE 0000082022 2,199.14 ELECTRIC SERVICE 0000082022 595.42 ELECTRIC SERVICE 0000082022 1,322.15 ELECTRIC SERVICE 0000082022 1,173.14 ELECTRIC SERVICE ====================== TOTAL: 110,804.76 UNITED PARCEL SERVICE 00005456 0000081996 103.20 SERVICE CHARGES ====================== TOTAL: 103.20 ============================= REPORT TOTAL: 147,906.98 DATE THU, AUG 10, 2017, 9:19 AM TIME 09:19:35 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 IL MEETING 0 F 08/22/2017 TOTALS BY FUND FUND NO 000 102 116 410 490 493 495 498 528 GENERAL FUND TOURISM STREET WATER/SEWER SANITATION FUND NAME STORM WATER AIRPORT AMBULANCE FUND 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 12,217.82 33,500.00 37,299.43 58,057.14 441.54 441.54 93.85 441. 56 5,414.10 147,906.98 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 $147,906.98 THIS 22ND DAY OF AUGUST, 2017 * * * * * * MAYOR FINANCE DIRECTOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 Fred Snoderly, Municipal Services Director August 22, 2017 MOTION Request to Set Date for Public Hearing - Six-Year Transportation Improvement Program Legislative History: August 22, 2017 Motion The City Council should consider setting the date for a public hearing to discuss the City's Six-Year Transportation Improvement Program (TIP). Background Annually the City is required to present the TIP to the public and allow comments to be heard and incorporated into the program. The TIP is then submitted to Regional, State, and Federal planning organizations to form lists of transportation needs. Fiscal and Policy Implications Only projects listed on the City TIP are eligible for Federal Funding. If a TIP is not approved, the City will not be eligible to receive any Federal transportation grants. Page 1of2 Options Option i Results -----··-··---·-----·-·-·--·--·-··-·-·-·----·------l-·-------------·-----·--·-··-·---··-···-·--·--·----·-• Approve a motion to set a date for a i A public hearing will be set and the City will be public hearing. I one step closer to adopting the annual TIP. I --------··-·----··---·-·-------·---i-------·-----·-·-·-·-··--·---• Take no action. ! A date for a public hearing will set at a later I . ! time. i ; Staff Recommendation Staff recommends approving the request to set a date for a public hearing to discuss the TIP and collect public input. 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 Cindy Jensen, Finance Director August 22, 2017 Motion Resolution -Authorizing City Employees to Sign Checks Legislative History: l August 22, 2017 I Motion Attached is a resolution updating the list of employees who are authorized to sign checks on behalf of the City of Moses Lake. Background With the turnover in staff positions in the Finance Department, it is necessary for the City Council to update the list of employees who are authorized to sign checks on behalf of the City. Both the Finance Director and the Senior Accounting Clerk who produces Accounts Payable checks are new in their positions in the month of August, and the list reflects these two changes. Fiscal and Policy Implications Appropriate employees will be authorized to conduct banking business for the City. Page 1of2 Options Option • Pass resolution as presented Results Action would allow for appropriate employees to be authorized to conduct banking business for the City. -----·--·----- • Modify the resolution by changing the Action could require staff to bring a new positions/employees authorized by resolution to council for consideration. Council to sign checks -------------·-·--------+---• Take no action Staff Recommendation I Former employees would still have access to City bank accounts, and the appropriate new staff would not be allowed to conduct City banking business. Staff recommends that City Council move to approve the list of employees authorized to sign checks on behalf of the City of Moses Lake, and adopt the resolution as presented. Attachments I A. I Resolution No. 3685 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 RECITALS: RESOLUTION NO. 3685 A RESOLUTION NAMING THOSE EMPLOYEES AUTHORIZED TO SIGN CHECKS ON BEHALF OF THE CITY OF MOSES LAKE 1. For the continued efficient administration of the finances of the City of Moses Lake, it is necessary to designate individuals who are authorized to sign checks on behalf of the City of Moses Lake. RESOLVED: 1. Funds on deposit with the Moses Lake Branch of Umpqua Bank may be withdrawn on checks given or signed on behalf of the City of Moses Lake by any two of the following five individuals: Cindy Jensen, Finance Director Linda Beisel, Accounting Division Manager Jessica Cole, Utility Service Supervisor Richard Bisnett, Human Resources Director Kerri Smoot, Senior Accounting Clerk 2. Said authority shall continue in force until notice in writing of its revocation shall have been given to and received by said bank. Adopted by the City Council on August 22, 2017. Todd Voth, Mayor ATTEST: Cindy Jensen, Finance Director 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 Fred Snoderly Municipal Services Director August 22, 2017 MOTION Resolution -Accept Street and Utility Improvements - GTA Multimodal Transit Center Legislative History: II August 22nd, 2017 Motion I The alley improvements and municipal fire hydrant improvements constructed to serve the GTA Multimodal Transit Center are complete and ready to be accepted by City Council. Background The Municipal Code requires street and utility improvements installed in right-of-way and municipal easements to be accepted by City Council prior to occupancy of the development. The construction plans are required to be reviewed and approved by the City prior to construction. All the construction work is inspected to assure compliance with the construction plans and city standards. The improvements are under a two year maintenance period commencing at City Council acceptance. Fiscal and Policy Implications Upon acceptance and the end of the two year maintenance period, the City will be responsible for the maintenance and repairs of the improvements. Page 1 of2 Options Option Results ·-----·-·---• Approve a motion to accept improvements. • Take no action. Staff Recommendation the i The improvements will become City owned j and maintained improvements. I J The improvements will not be accepted and ! occupancy not finaled. ! I Staff recommends City Council accept the street and utility improvements as presented for the GTA Multimodal Transit Center. Attachments I A. I Resolution No. 3687 and Vicinity Map 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 RESOLUTION NO. 3687 A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF GTA MULTIMODAL TRANSIT CENTER Recitals: 1. Street and Utility improvements, lying in dedicated right-of-way or easements, are in place and connected to the City of Moses Lake's street and utility systems as part of GTA Multimodal Transit Center. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake's Community Street and Utility Standards, such facilities being completed in August 201 7. 3. RCW 35.91.030 indicates that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. Resolved: 1. The City Council of the City of Moses Lake accepts the street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After August 22, 2019 all further maintenance and operation cost of said street and utility improvements, shall be borne by the City of Moses Lake, as provided by city ordinance. ACCEPTED by the City Council on August 22, 2017. Todd Voth, Mayor ATTEST: Cindy Jensen, Finance Director TO: FROM : RE: MEMORANDUM CITY OF MOSES LAKE DEVELOPMENT ENGINEERING DIVISION August 16, 2017 Municipal Services Director Development Engineering Manager, David L. Thompso~ GTA MULTIMODAL TRANSIT CENTER-116 W. FIFTH AVENUE ACCEPT STREET AND UTILITY IMPROVEMENTS The alley improvements and municipal fire hydrant constructed to serve the GTA Multimodal Transit Center are complete and may be presented to Council for acceptance into the City system. The improvements require a two year maintenance bond in the amount of $37,838.00 that is 50% of the construction costs to be in place. Apollo Inc. has a job specific Street and Utility Construction Bond in place for $113,514.00 that remains active for two years from date of completion. The two year maintenance period commences on the date of acceptance of the improvements by the City Council. A site plan is attached. If you have any questions or require any additional information please contact me at your earliest convenience. cc: Community Development Director-Building Official --8"SS--- ) i I I 4TH AVENUE ~ ~--~ I -6 .. W-- --•·w-- -T&~w ~~~~~·~q~~-=-=r~ ·(-- --···ss----···=t i STH AVEr © "' \ 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 Cindy Jensen, Finance Director August 22, 2017 Motion 2017 Garbage Collection Rate Legislative History: I August 8, 2017 I August 22, 2017 I Motion The attached ordinance would implement increases to the Sanitation rates for both commercial and residential accounts, to be effective September 1, 2017. This adjustment will keep pace with the increase in contractor charges and keep the fund solvent as required by RCW 35.92.020. Background Annually the fee charged by our contractors increases every September 1. For the contractor that rate for this year will be 1.9%, which is based on the contracted July CPI (it should be noted that this CPI was published after the August 8 packet was submitted-we had earlier estimated 2.0%). In 2013 the fund could not keep up with the landfill costs and operating expenses to the point that a $100,000 interfund loan was needed to cover the shortfall. In 2014 another $100,000 loan was required, and in 2015 the loan amount grew to $300,000. In 2016 another loan was approved for $300,000. A large balloon payment is due in 2018 on the 2015 loans. The State Auditors observed that we have not covered the cost of the utility since 2013 and noted at the end of the 2016 audit that the City needs to "closely monitor and evaluate the financial health of its ... Sanitation Fund and take action as necessary to achieve solid financial health ... " In response to a Council request Page 1of3 at the August 8 meeting, we are inserting the following table that demonstrates the current status of interfund loans made by the Water/Sewer utility to the Sanitation utility: Date Original Loan Amount 2017 Payments Estimated balance- 12/31/17 12/2013 $100,000 $33,666 $-0- 12/2014 100,000 33,666 -0- 12/2015 300,000 75,000 150,000 12/2016 300,000 75,000 225,000 Total $800,000 $217,332 $375,000 The proposed rate increase is needed to pay back the loans and to cover the increase in operating costs. The rate increase would raise the majority of residential bills (68%) by less than $1. per month but would raise enough revenue to pay the annual interfund loan payments of over $217,000, cover small unanticipated increases (i.e. yard waste hauled to the landfill instead of the composting site), purchase of additional carts and to build up the Fund Balance to avoid the need for an interfund loan for the 5th year in a row. Fiscal and Policy Implications Passing the ordinance will increase rates of the Sanitation fund to keep pace with the contractor's fee increase, maintain the current level of service and maintain a fund balance as recommended by Council. Options Option • Adopt ordinance as presented Results Action would increase the sanitation rates to allow the fund to pay back interfund loans and maintain the level of service of the utility. --.-Modify the ordinance --~ Action could require staff to bring a revised-· document to council for consideration ----------------·-----·-·-·-·----·-·--·----• Take no action The rates would remain the same and take the Staff Recommendation fund further into insolvency and violate RCW 35.92. Staff recommends that City Council move to approve the ordinance as presented. Page 2 of 3 Attachments I A. I Schedule A Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Page 3 of 3 ORDINANCE NO. 2869 AN ORDINANCE ESTABLISHING CHARGES FOR GARBAGE COLLECTION THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Beginning with billings after September 8, 2017, charges for categories of garbage collection shall be in accordance with the fee schedule set out in Schedule A, which is attached to this ordinance and by this reference incorporated within the ordinance. 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 August 22, 2017. Todd Voth, Mayor ATTEST: Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney OTY Schedule A New Prior Rates Codes Description Schedule A Schedule A Code Garbage Tags 3.03 2.86 GB005A CD005A Residential 1st 96 Gallon Cart 33.76 31 .85 GB006A CD006A Residential 1st 64 Gallon Cart 22.50 21.23 GB007A CD007A Residential 1st 48 Gallon Cart 16.89 15.93 GBOlOA CDOIOA Residential 2nd 96 Gallon Cart 33.76 31.85 GBOllA CDOl IA Residential 2nd 64 Gallon Cart 22.50 21.23 GBOJ2A CD012A Residential 2nd 48 Gallon Cart 16.89 15.93 GROJ5A CDOl5A Senior I st 96 Gallon Cart 16.89 15.93 GB016A CD016A Senior 1st 64 Gallon Cart 11 .26 10.62 GBOJ7A CD017A Senior 1st 48 Gallon Cart 8.44 7.96 GB020A CD020A Senior 2nd 96 Gallon Cart 16.89 15.93 GB021A CD021A Senior 2nd 64 Gallon Cart 11 .26 10.62 GB022A CD022A Senior 2nd 48 Gallon Cart 8.44 7.96 GB025A CD025A Delivery 2nd Cart 6.67 6.29 GB030A CD030A Pickup 2nd Cart 13.33 12.58 GB035A CD035A Duplex 1 Meter 2 Carts 26.73 25.22 GB040A CD040A Duplex 1 Meter I Cart 15.16 14.30 GBI05A CD105A 1 Can 1 Time a Week 12.92 12.19 GBl JOA CDl JOA 1 Can 2 Times a Week 20.80 19.62 GBJ20A CD120A 2 Cans 1 Time a Week 19.10 18.02 GB125A CD125A 3 Cans I Time a Week 25.89 24.42 GBl30A CD130A 4 Cans 1 Time a Week 32.55 30.71 GB140A CD140A 5 Cans 1 Time a Week 39.29 37.07 GB145A CD145A 6 Cans I Time a Week 46.03 43.42 GB155A CD155A Commercial 65 Gallon Cart 1 Time a Week 20.31 19.16 GB160A CD160A Conunercial 65 Gallon Cart 2 Times a Week 33.41 31.52 GB165A CD165A Commercial 95 Gallon Cart 1 Time a Week 26.86 25.34 GB170A CD170A Commercial 95 Gallon Cart 2 Times a Week 46.80 44.15 GB! 75A CD175A Commercial 95 Gallon Cart Extra Pickup 13.76 12.98 GB200A CD200A 1 Yard Dumpster 1 Time a Week 43.41 40.95 GB2 10A CD210A 1 Yard Dumpster 2 Times a Week 76.82 72.47 GB215A CD215A 1 Yard Dumpster 3 Times a Week 108.95 102.78 GB218A CD218A 1 Yard Dumpster 5 Times a Week 144.72 136.53 GB220A CD220A Extra Pickup 1 Yard Dumpster 55.12 52.00 GB225A CD225A 1. 5 Yard Dumpster 1 Time a Week 59.42 56.06 GB230A CD230A 1.5 Yard Dumpster 2 Times a Week 104.17 98.27 GB235A CD235A 1.5 Yard Dumpster 3 Times a Week 149.10 140.66 GB240A CD240A Extra Pickup 1.5 Yard Dumpster 56.20 53.02 GB245A CD245A 2 Yard Dumpster l Time a Week 71.49 67.44 GB250A CD250A 2 Yard Dumpster 2 Times a Week 125.09 1I8.01 GB255A CD255A 2 Yard Dumpster 3 Times a Week 179.11 168.97 GB260A CD260A 2 Yard Dumpster 4 Times a Week 233.62 220.40 GB265A CD265A 2 Yard Dumpster 5 Times a Week 289.94 273.53 Garbage Analysis Starting 2017.123 CITY Schedule A New Prior Rates c.rulfi Description Schedule A Schedule A GB270A CD270A Extra Pickup 2 Yard Dumpster 57.36 54.11 GB275A CD275A 3 Yard Dumpster I Time a Week 99.01 93.41 G8280A CD280A 3 Yard Dumpster 2 Times a Week 173.52 163.70 GB285A CD285A 3 Yard Dumpster 3 Times a Week 248.54 234.47 GB287A C0287A 3 Yard Dumpster 4 Times a Week 326.75 308.25 GR288A CD288A 3 Yard Dumpster 5 Times a Week 4 J 1.87 388.56 GB290A CD290A Extra Pickup 3 Yard Dumpster 80.58 76.02 GB295A CD295A 4 Yard Dumpster I Time a Week 123.14 116.17 GB300A CD300A 4 Yard Dumpster 2 Times a Weck 238.40 224.91 0 831 0/\ CD310A 4 Yard Dumpster 3 Times a Week 338.45 319.29 GB315A CD315A 4 Yard Dumpster 4 Times a Week 440.79 415.84 G8 320A CD320A 4 Yard Dumpster 5 Times a Week 547.15 516.18 GB325A CD325A Extra Pickup 4 Yard Dumpster l 00.J 6 94.49 GB330A CD330A 6 Yard Dumpster I Time a Week 170.26 160.62 GB335A CD3JSA 6 Yard Dumpster 2 Times a Week 324.81 306.42 GB340A CD340A 6 Yard Dumpster 3 Times a Week 478.03 450.97 GB345A CD345A 6 Yard Dumpster 4 Times a Week 629.97 594.31 GB350A CD350A 6 Yard Dumpster 5 Times a Week 780.58 736.40 GB352A CD352A Extra Pickup 6 Yard Dumpster 113.93 107.48 GB355A CD355A 8 Yard Dumpster I Time a Week 233.13 219.93 GBJ60A CD360A 8 Yard Dumpster 2 Times a Week 438.73 413.90 GB365A CD365A 8 Yard Dumpster 3 Times a Week 641.73 605.41 GB370A CD370A 8 Yard Dwnpster 4 Times a Week 838.18 790.74 GB375A CD375A 8 Yard Dumpster 5 Times a Week 1,028.07 969.88 GB380A CD380A Extra Pickup 8 Yard Dumpster 137.51 129.73 GB390A CD390A Extra 112 Yard 7.82 7.38 GB395A CD395A Extra Bag, Box or Bundle 3.64 3.43 GB405A CD405A Temporary Delivery 26.19 24.71 GB420A CD420A Temporary 2 Yard Dumpster 32.74 30.89 GB425A CD425A Temporary 2 Yard Dumpster Rental 5.58 5.26 GB440A CD440A Temporary 4 Yard Dumpster 52.39 49.42 GB445A CD445A Temporary 4 Yard Dumpster Rental 8.90 8.40 GB460A CD460A Temporary 6 Yard Dumpster 72.04 67.96 GB465A CD465A Temporary 6 Yard Dumpster Rental 11.28 10.64 GB480A CD480A Temporary 8 Yard Dumpster 92.22 87.00 GB485A CD485A Temporary 8 Yard Dumpster Rental 13.64 12.87 GB505A CD505A 10 Yard Roll-off I Time a Month 399.45 376.84 GB5JOA CD5 10A 10 Yard Roll-off Extra Pickup 294.67 277.99 GB5 15A CD515A IO Yard Roll-off 1 Time a Week 910.20 858.68 GB520A CD520A 20 Yard Roll-off l Time a Month 479.84 452.68 GB525A CD525A 20 Yard Roll-off Extra Pickup 342.45 323.07 GB5JOA CD530A 20 Yard Roll-off l Time a Week 1,046.87 987.61 GB535A CD535A 20 Yard Roll-off 2 Times a Month 681.99 643.39 GarMge Analysis Starting 2017.123 CITY Schedule A New Prior Rates ~ Description Schedule A Scbedule A GB540A CD540A 30 Yard Roll-off I Time a Month 577.21 544.54 GB545A CD545A 30 Yard Roll-off Extra Pickup 402.4 l 379.63 GB550A CD550A 30 Yard Roll-off I Time a Week 1,381.56 1,303.36 GB555A CD555A 30 Yard Roll-off 2 Times a Week 2,669.32 2,51 8.23 GB560A CD560A 30 Yard Roll-off2 Times a Month 877.46 827.79 GB565A CD565A 40 Yard Roll-off I Time a Month 848.60 800.57 GB570A CD570A 40 Yard Ro!l-offExtra Pickup 459.48 433.47 GB575A CD575A 40 Yard Roll-off I Time a Week J ,553.21 1 ,465.29 GB577A CD577A 40 Yard Roll-off2 Times a Week 3,106.36 2,930.53 GB580A CD580A Temporary Delivery 51.31 0.00 GB585A CD585A Temporary Rent 38.48 0.00 GB595A CD595A 2 Yard Compactor l Time a Week J 57.83 148.90 GB600A CD600A 2 Yard Compactor Extra Pickup 80.58 76.02 GB605A CD605A 1 0 to 15 Yard Compactor I Time a Week 1,099.87 1,037.61 GB610A CD610A l 0 to 15 Yard Compactor 1 Time a Month 35 J.06 331.19 GB615A CD615A 10 to 15 Yard Compactor 2 Times a Month 636.45 600.42 GB620A CD620A 10 to I 5 Yard Compactor Extra Pickup 327.96 309.40 GB625A CD625A 16 to 20 Yard Compactor I Time a Week 1,589.41 1,499.44 GB630A CD630A 16 ro 20 Yard Compactor 1 Time a Month 437.58 412.81 GB635A CD635A 16 to 20 Yard Compactor Extra Pickup 402.17 379.41 GB640A CD640A 2 1tO30 Yard Compactor 1 Time a Month 512.65 483.63 GB645A CD645A 21 to 30 Yard Compactor Extra Pickup 426.54 402.40 GB650A CD650A 21 to 30 Yard Tum Around 1 Time a Month 566.36 534.30 GB655A CD655A 21 to 30 Yard Turn Around Extra Pickup 480.26 453.08 GB660A CD660A 31 to 40 Yard Compactor l Time a Month 654.83 617.76 GB665A CD665A 31 to 40 Yard Compactor Extra Pickup 445.28 420.08 GB670A CD670A 30 Cans Downtown 188.58 177.91 GB710A CD710A 15 Minutes Manpower 19.40 18.30 GB720A CD720A 15 Minutes Truck 25.65 11.44 GB730A CD730A Return Trip 12.13 1 l .44 RGB005 96 Gallon Cart replacement 64.00 64.00 RGB006 64 Gallon Cart replacement 58.00 58.00 RGB007 48 Gallon Cart replacement 55.00 55.00 RGBLID Cart Lid replacement 20.00 20.00 RECRFN RECRFN Recycle Refund 0.00 RECPEN REC PEN Recycle Penalty 0.00 Nonconforming services will be billed at the nearest higher rate shown in the above schedule for the type of service rendered. Commercial accounts may pick any combination or quantity of services shown in the above and be billed on one account. Yardage or landfill charge -special service amount charged at landfill multiplied by 1.50. Garbage Analysis Swning 2017 123 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 Spencer Grigg, Parks & Recreation Director August 22, 2017 MOTION Facility Naming Request Recommendation Legislative History: August 22, 2017 Motion The Parks and Recreation Commission has recommended that we accept a request to name an identified (see application) section of existing trail "The Joe Rogers Trail". Background Joe Rogers was a well-respected instructor at Big Bend Community College who championed trails development in Moses Lake and Grant County. He was very active with the Trails Planning Team (multiple terms as chairman) until his untimely death in 2015. Fiscal and Policy Implications No fiscal impact identified. Page 1of2 Options • Motion Option Results Accept the recommendation from the Parks & Recreation Commission and name the identified section of trail "The Joe Rogers Trail". --·----·---·-·-·-·-----·----·---·-·-·-·-·------·-·---+- • Take no action. The trail section would remain unnamed. Staff Recommendation Staff recommends that the Moses Lake City Council support the request from the Parks and Recreation Commission and name the section of trail "The Joe Rogers Trail". Attachments A. Facility Naming Form and associated documentation. Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • N/A Page 2 of 2 C I T Y Of MOSES LAKE FACILITY NAMING FORM The City of Moses Lake has established the following criteria for naming and renaming public facilities: A. The geographic location of the facility; this includes descriptive names. B. An outstanding feature of the facility. C. An adjoining subdivision, street, school, or natural feature. No facility shall be given the same name as an existing school site or public facility, except where the sites abut one another. D. A commonly recognized historical event, group, organization or individual (living or deceased). E. An individual or organization that contributed significantly to the acquisition or development of the facility to be named. This can include either a deed or substantial monetary contribution, or contribution toward acquisition and/or development of the facility (typically not less than 50 percent of the value of the property or improvements). F. Outstanding accomplishments by an individual for the good of the community. Quality of the contribution should be considered along with length of service by the individual -this to be fully substantiated by the person or group making the recommendation. G. Any individual who provided an exceptional service to the interest of the park system and/or city as a whole. Typically, while serving in a public office, public officials should not be considered as a candidate for naming. Using the above criteria, please complete the information below and submit to the Moses Lake Parks and Recreation Department, at 411 S. Balsam Street, City of Moses Lake, WA 9883 7 within the established timelines. l JPage NAME oF SUBMITTER: 'f~\ chc>i rJ Teals,J\\,ke R·~~~s Co -L\-ti,rs !PT ADDRESS: 311 Nnx-111 shor-e- STATE: __;;\JJ__:_r A_· __ ZIP: l) i'831 EMAIL: r-a rid '2±ettl S~) 801C\·,L Gull\ PHONE NUMBER: ____.]_£_s_q_5_o_s_· ------ ALTERNATE NUMBER: ___________ _ CATEGORY 1. 2. 3. ___ Geographical Location Historical Features --- _.....X....;..__ Person who has made a significant contribution 4. Other Relevant Factors --- PROPOSED NAME FOR PUBLIC FACILITY Please indicate the proposed name of the public facility. JUSTIFICATION Please provide a written justification supporting your proposed facility name. Additional pages or supplemental information may be provided on a separate sheet of paper. 21Pa ge .· Joe Rogers moved to Moses Lake in 1970. He taught sociology, anthropology and photography at BBCC until he retired in 2005. He was a popular, well respected instructor who touched the lives of many people. He sponsored photography contests which connected the city with the college. Joe was always active in the community. He was a founding member of Columbia Basin Allied Arts and served as a board member and as its president. He was appointed to the Washington State Art's Commission. He was involved in the Sister City program, served as a chaperone and gifted some of his Moses Lake photographs to Yonezawa. Joe was involved in the Manta Rays Swim Team for many years. Music was one of Joe's passions. He played in several bands and was always promoting music in the area. Joe was a member of the Columbia Basin Foundation until he died in 2015. In 2001 the Washington State Department of Health was awarded funding to develop a state plan aimed at the promotion of physical activity and nutrition to reduce obesity and prevent associated chronic diseases. Moses Lake was chosen as a state's pilot project. In July 2002 the "Healthy Communities" project began and Joe Rogers was the leader and advocate who brought footpaths and bikeways into the mix. Joe was elected co-chair of the TPT and the committee set about developing a plan for a community-wide system of pathways and trails in the Moses Lake area. Joe promoted trails at the Moses Lake City Council, before the Grant County Commissioners and before the port district. The Trail Planning Team has been meeting monthly since 2003 with Joe Rogers at the helm until his untimely death in 2015. The proposed Joe Rogers Trail would extend from the BBCC loop trail, down Patton Blvd to Randolph, down the trail to Hi-Way 17, along Grape to Lauzier Playfield, down Central to end at Valley Road. This trail, the Joe Rogers Trail, connects BBCC with the town of Moses Lake which is the connection Joe made his whole adult life. Joe was very civic minded and worked tirelessly to make our community a better place to live. ·---. -------- , .. ----~--- ----------i ,-- ! r----J._ -·--·, -. --· _____ J ·-----------·-----~ CITY OF MOSES LAKE \ " .. \ ______ _t ------ Document Path: llGIS-SERVER\gis\Map Requests\PARKS\New Trail Name Reference.mxd -r --------,.--.J -r---t' . . -j ---_i , __ l - I _ .. ---- LEGEND ACTIVITY TRAILS -SERVICE SERVICED BY - -CITY, ADJACENT TO CITY PROPERTY - -CITY, BY CODE DESCRIPTION --PRIVATE ACTIVITY TRAILS -TYPE -• 4 FT SHOULDER, SINGLE :::: 4 FT SHOULDER, DOUBLE ::::BIKE LANE, DOUBLE • • FUTURE, SINGLE == FUTURE, DOUBLE • • MULTI-USE PATH, SINGLE ::::MULTI-USE PATH, DOUBLE --SHARROW, SINGLE :=: SHARROW, DOUBLE CITY PARKS & FACILITIES CJ UNDEVELOPED CJ DEVELOPED DEVELOPED WITH RESTROOM ---STREETS -BASIC Grant County International Airport I:.".'.~ Moses Lake Municipal Airport MOSES LAKE D CITY LIMITS Q UGABOUNDARY BASIN HOMES DOG PA K Q: !;I ' 4!:----1 Q ' ti)_ -· ~ "' I ---.,__ PAUIL LAUZIER ATHLEn,: c~~~LE~ • --, r : .. I I '"I .._ , ___ ,..,. ~•~ae------1,i-.,,....__. ___ ,......._._..._........._._.._._ _... ' --: __ J~~. -T ~1 ~-T-t 1,700 850 0 1,700 Feet 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 Fred Snoderly, Municipal Services Director August 22, 2017 MOTION Request to Reject all Bids for Combined Storage Facility-2017 Legislative History: August 22, 2017 Motion On August 17, 2017 staff opened bids for the Combined Storage Facility-2017. The City received two (2) bids for the work. For all schedules and additives, the low bid is $411,134.61 and the Engineer's estimate is $262,358.85. For Schedule A, only, without electrical, salt storage pad, concrete floors, or overhead doors, the low bid is $226,590.00 and the Engineer's Estimate is $103,584.00. Background The 2017 budget includes $180,000 for construction of a combined storage facility at the Operations Complex. Fiscal and Policy Implications The project will require funds that exceed the budgeted amount to be spent. Page 1of2 Options ---·----··------·---·-·--Oe_!!on _____ _ Results • Approve a motion to award the Staff will move forward with executing a Combined Storage Facility -2017. contract with the low bidder to complete the Either only Schedule A, or a awarded work. combination of Schedule A and Additives 1 through 4 ----OOONOW-ON_O __ ----·----·-----·------+------- • Take no action or reject all bids. Staff will stop working on this project and wait for further direction from City Council. Staff Recommendation Staff recommends rejecting all bids for all schedules, and rebidding the project in 2018. Attachments I A. I Bid Summary 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 -----------------··-, August 17, 2017 Combined Storage Facility-2017 Bid Summary Enoineer's Estimate Halme Builders, Inc. Black Rock Construction & Dev. Bid item No. Descriotion Quantitv unit unit orice total cost unit price total cost unit price total cost Schedule A Storaqe Buildinq 1 LS $96,000.00 $96,000.00 $210,000.00 $210,000.00 $262,000.00 $262,000.00 Sales tax 7.9 oercent $7,584.00 $16,590.00 $20 698.00 TOTAL SCHEDULE A $103,584.00 $226,590.00 $282,698.00 Additive No. 1 Electrical 1 LS $25 000.00 $25,000.00 $55 000.00 $55,000.00 $62 582.00 $62 582.00 Sales tax 7.9 oercent $1 975.00 $4 345.00 $4 943.98 TOTAL ADDITIVE NO. 1 $26,975.00 $59,345.00 $67,525.98 Additive No. 2 Salt Storaqe Pad 333 SY $50.00 $16,650.00 $51.00 $16,983.00 $100.45 $33 449.85 Sales tax 7.9 percent $1 315.35 $1 341.66 $2,642.54 TOTAL ADDITIVE NO. 2 $17,965.35 $18,324.66 $36 092.39 Additive No. 3 Cement Concrete Floorinc 1110 SY $50.00 $55 500.00 $55.00 $61 050.00 $93.32 $103 585.20 Sales tax 7.9 oercent $4,384.50 $4,822.95 $8 183.23 TOTAL ADDITNE NO. 3 $59,884.50 $65,872.95 $111,768.43 Additive No. 4 Overhead Doors 10 EA $5,000.00 $50,000.00 $3 800.00 $38,000.00 $4,000.00 . $40,000.00 Sales tax 7 .9 percent $3 950.00 $3 002.00 $3 160.00 TOTAL ADDITIVE NO. 4 $53,950.00 $41 002.00 $43 160.00 TOTAL SCHEDULE A and ALL ADDITIVES $262.358.85 $411134.61 $541,244.80 Dri,..oC! chnuln in hnfrf IA/tll'O l"'l"lrTOt"ton frnl"'('I thp hifi C:I thmiftpfi To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report: CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Dir. I Deputy City Manager August 22, 2017 Motion Resolution -Request to Build on Un platted Property legislative History: I August 22, 2017 I Motion Community Development has received a request from Bob Fancher of Maiers Industrial Park, to building on unplatted property at 3236 NE Rd. M.2. The proposal is to construct two buildings, one for hay storage and another for hay compressing. The request was routed to City Staff for comment. No unfavorable comments were received. Background A building permit cannot be issued on unplatted property in accordance with MLMC 16.02.040 unless the City Council finds that the public interest will not be adversely affected by the issuance of such a permit. Fiscal and Policy Implications -None Page 1of2 Options -------------·-·-·-<;>ption _______________ -+---· Results • Approve the request to build on unplatted property. Find that the request meets the provisions of MLMC 16.02.040 and grant the request to building on unplatted property. -----;-------------------·----- • Take no action. The buildings will not be constructed and the property remain as is. Staff Recommendation City Staff recommends approval to build on unplatted property. Attachments A. Resolution No. 3686 B. Proponent Request & Grant County Parcel Information c. Request for Review & Comment from City Staff D. Map 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 of2 RESOLUTION NO. 3686 A RESOLUTION ALLOWING MAIERS INDUSTRIAL PARK INCORORATED TO BUILD ON UNPLATTED PROPERTY OWNED BY MAIERS INDUSTRIAL PARK INCORORATED. RECITALS: 1. Moses Lake Municipal code 16.02.040 allows for issuance of a building permit to a proponent who wishes to build on unplatted property after a resolution from the City Council. 2. Maiers Industrial Park, Incorporated requested the City Council to allow them to build on unplatted property owned by Maiers Industrial Park, Incorporated described as follows: TAX# 10989 THAT PORTION OF THE NORTH 1320.00 FEET OF FARM UNIT 77, IRRIGATION BLOCK 41, COLUMBIA BASIN PROJECT, GRANT COUNTY, WASHINGTON, LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY BOUNDARY OF THE U.S.B.R. CANAL EL 25, EXCEPT BEGINNING AT THE SOUTHWEST CORNER OF SECTION 17, TOWNSHIP 19 NORTH, RANGE 29 E.W.M.; THENCE NORTH 00°32'25"" EAST ON THE WESTERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, A DISTANCE OF 1,731.98 FEET; THENCE SOUTH 86°21'43"" EAST, A DISTANCE OF 754.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°591471111 EAST, A DISTANCE OF 150.00 FEET; THENCE SOUTH 01°00'13"" WEST, A DISTANCE OF 150.00 FEET; THENCE NORTH 01°00'131111 EAST, A DISTANCE OF 150 .. FEET TO THE TRUE POINT OF BEGINNING. RESOLVED: 1. That Maiers Industrial Park, Incorporated, be allowed to construct a hay storage building with an adjacent hay processing facility on unplatted property owned by Maiers Industrial Park Incorporated on the property described above. The permission granted is to run with the land. Adopted by the City Council on August 22, 2017. Todd Voth , Mayor ATTEST: Cindy Jensen, Finance Director Phone: 509.765.5885 Fax: 509.765.8052 ~\ E'!P ~~~~_I_n~_n~_tr_ia_I_ra_rK_l _n~_. __ __ July 26, 2017 Moses Lake, WA Billie Jo Munoz Assistant Planner City of Moses Lake PO Box 1579 Moses Lake, WA 98837 Dear Billie Jo; PO Box 850 • Moses Lake, WA 98837 RECEIVED COMMUNITY DEVELOPM':NT JUL 2 6 2017 PLANNING AND Rt1!!. .. flil'''3 CITY OF MOSES Li-.,,~: As you are aware from our Pre Application meeting at the planning office on July 20, we are constructing a new hay press facility for Courtright Enterprises at Maiers Industrial Park, Inc. off Wheeler Road. The facility will be served with City of Moses Lake utilities delivered through our private system. However, no new water or sewer hookups will be required because they will be using existing office and shop structures. The existing buildings and new structures to be constructed are all located on Parcel# 11-0069426 which is an unplatted parcel. We are requesting permission from Moses Lake City Council to build on unplatted property. Through the years, we have been granted approval to build many of the existing buildings on this unplatted parcel. Please submit this request as an Agenda item for the first available City Council meeting. L UIJ. ~ ;<b/1 r aoq;NDUSTRIAL and COMMERCIAL RENTALS TerraScan TaxSifter -Grant County Washington Page 1of2 ~,\ GRANT COU NTY (:§ WASHINGTON TA XS IFTER Melissa McKnight Grant County Assessor P. o. Box 37 Ephrat~, WA 98823 Assessor Treasurer Appraisal MapSifter Parcel Parcel,.: 110069426 Owner Name: Maiers Industrial Park Inc DOR Code: 39 -Commercial -Misc Commerclal Addressl: PO Box 850 Situs: 3236 NE RD M.2, MOSES LAKE RURAL Address2: Map Number: City, Std'!: Moses Lake WA Status: Zip: 98837-0128 Description: TAX# 10989 THAT PORTION OF THE NORTH 1320.00 FEET OF FARM UNIT 77, IRRIGATION BLOCK 41, COLUMBIA BASIN PROJECT, GRANT COUNTY, WASHINGTON, LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY BOUNDARY OF THE U.S.B.R. CANAL EL 25, EXCEPT BEGINNING ATTHE SOUTHWEST CORNER OF SECTION 17, TOWNSHIP 19 NORTH, RANGE 29 E.W.M.; THENCE NORTH 00°32'25"" EAST ON THE WESTERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, A DISTANCE OF 1,731.98 FEET; THENCE SOUTH 86°21'43"" EAST, A DISTANCE OF 754.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°59'47"" EAST, A DISTANCE OF 150.00 FEET; THENCE SOUTH 01°00'13"" WEST, A DISTANCE OF 150.00 FEET; THENCE NORTI-t 01°00'13"" EAST, A DISTANCE OF 150 .. FEET TO THE TRUE POINT OF BEGINNING. Comment: All Situses 3236 NE RD M.2, MOSES LAKE RURAL 3325 NE RD M.2, MOSES LAKE RURAL 3338 NE RD M.2, MOSES LAKE RURAL 2017 Market Value 2017 Taxable Value Land: Improvements: Permanent Crop: Total $285,840 Land: $285,840 $458,66S Improvements: $458,665 $0 Permanent Crop: $0 $744,505 Total Owner's Name Maiers Industrial Park Inc Maiers Industrial Park Inc $744,505 Ownership Sales History No Sales History Building Permits No Building Permits Available 2017 Assessment Data District: Current Use/DFL: Senior/Disability Exemption: Total Acres: Ownership% 100 % 0% Historical Valuation Info Year Billed owner Land I m pr. PermCrop Value Total Exempt 2017 Maiers Industrial Park Inc $285,840 $458,665 $0 $744,505 $0 2016 Maiers Industrial Park Inc $285,840 $408,840 $0 $694,680 $0 2015 Maiers Industrial Park Inc $164,860 $408,840 $0 $573,700 $0 2014 Maiers Industrial Park Inc $241,130 $433,455 $0 $674,585 $0 2013 Maiers Industrial Park Inc $66,220 $447,340 $0 $513,560 $0 0073 -0073 No No 47.78000 Taxable $744,505 $694,680 $573,700 $674,585 $513,560 http://grantwa.taxsifter.com/ Assessor.aspx?keyld=l 682324&parce1Number=l 10069426&t... 7/20/2017 Lori Witters From: Sent: To: Cc: Subject: Attachments: Lori Witters Thursday, August 03, 2017 10:42 AM Fred Snoderly; Dave Thompson; Spencer Grigg; Kevin Myre; Kevin Fuhr; Derek Beach; Mike Moro; Bill Aukett Billie Munoz Request for review and Comment -Build on unplatted property Attachment.pdf August3,2017 TO: FROM: Municipal Services Director Development Engineer Parks and Recreation Director Police Chief Fire Marshal Building Official Public Works Superintendent Storm Water Billie Jo Munoz, Assistant Planner SUBJECT: Request to Building on Unplatted Property -3236 NE RD M.2 The City of Moses Lake has received a request from Bob Fancher in order to build on unplatted property located at 3236 NE RD M.2, The building proposal is to construct a new hay press facility for Courtright Enterprises. · Please send any comments you may have regarding this request to me, no later than August 17, 2017. If I do not receive comments from you by the due date, I will assume that you have no comments on the requested vacation. Attachment Community Development Secretary City of Moses Lake 321 S. Balsam -P.O. Box 1579 \.1oses Lake, WA 98837 '509) 764-3750 1 MAIERS INDUSTRIAL PARK ' 16 -- ---==----~---,.--------.1.---,----7, LL~i_. If 350 I .. ' TerraScan MapSifter -Grant County Washington Page 1of1 http://grantwa.mapsifter.com/defaultHTML5 .aspx 7/26/2017 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 August 22, 2017 MOTION Resolution -Nuisance Abatement-1111 N. Evelyn Drive Legislative History: I August 22, 2017 I I Motion Attached is a resolution providing for the abatement of a nuisance at 1111 N. Evelyn Drive owned by Diversified Commercial Holdings, LLC. 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 1111 N. Evelyn Drive 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 _____ l ___________ Res!'lts ____ _ • Consider the Resolution abating the I Compliance with MLMC 8.14 Nuisances existing nuisances at 1061 5. Division j • 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 1111 N. Evelyn Dr. and pass the Resolution as presented. Attachments I A. I Resolution No. 3688 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Resolution Page 2 of 2 RESOLUTION NO. 3688 A RESOLUTION DETERMINING THAT DIVERSIFIED HOLDINGS, LLC ARE THE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 1111 N. Evelyn Drive (legal description), Parcel #102121000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 .U. The records of Grant County show the owners of the subject property to be Diversified Holdings, LLC 2522 N. Proctor Street #467, Tacoma, Washington 98406. 2. Notice. On June 6, 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 August 8, 2017, the Code Enforcement Officer caused to be delivered to Diversified Holdings, LLC a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 22, 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 wherever 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 RESOLUTION NO. Page 2 August 22, 2017 maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. 4. Hearing. On August 22, 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. 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: 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 June 6, 2017 from the Code Enforcement Officer addressed to Diversified Holdings, LLC 2522 N Proctor Street #467, Tacoma Washington 98406, and governing agent, Aaron Stewart, 502 N. 151 Street, Tacoma, Washington 98403-2023. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1111 N. Evelyn Drive, Moses Lake, Washington. EXHIBIT #4: Letter dated August 8, 2017, from the Code Enforcement Officer to Diversified Holdings, LLC, and governing agent Aaron Stewart advising the property owner of the hearing regarding abatement of property, scheduled for August 22, 2017. 1. A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 1111 N. Evelyn Drive, Moses Lake, Washington. Diversified Holdings, LLC are 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: 2.1. Grasses and 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. Diversified Holdings, LLC, the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: RESOLUTION NO. Page 3 4.1 Grasses and weeds must be cut down and removed. August 22, 2017 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 August 22, 2017. Todd Voth , Mayor ATTEST: Cindy Jensen, Finance Director City of Moses Lake Code Enforcement Division Contact: BREIT HOLLEN Phone: (509) 764-3748 NOTICE TO CORRECT -UNSAFE OR UNLAWFUL CONDITION DATED: Thursday, May 18, 2017 ISSUED TO: DIVERSIFIED COMMERCIAL HOLDINGS LLC 2522 N PROCTOR ST #467 TACOMA, WA 98406 CASE#: COD2017-0596 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: Weeds in excess of 12" in height are present in the front and side areas of this properly. LOCATION OF UNLAWFUL CONDITION LOCATION: PARCEL: 102121000 LEGAL DESC: Parcel 1 Parkplace Plaza Lot 3 Commercial BSP # 1 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'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 properly. 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 Weeds must be cut or removed from these areas. You are notified to correct said conditions to the satisfaction of the undersigned by Thursday, June 1, 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, ~~ 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 bylaw, 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 (10') 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 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: Tuesday, June 6, 2017 ISSUED TO: DIVERSIFIED COMMERCIAL HOLDINGS LLC 2522 N PROCTOR ST #467 TACOMA, WA 98406 CASE#: COD2017-0596 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS: Weeds in excess of 12" in height are present in the front and side areas of this property. The City is requiring these corrections listed on this Notice and Order be accomplished by Tuesday, June 20, 2017. ACTION NECESSARY TO CORRECT VIOLATION Weeds must be cut or removed from these areas. LOCATION OF UNLAWFUL CONDITION LOCATION: CENTRAL & EVELYN MOSES LAKE, WA. PARCEL: 102121000 LEGAL DESC: Parcel 1 Parkplace Plaza Lot 3 Commercial BSP # 1 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'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 ' . { 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 MATIER WILL BE REFERRED TO THE CITY ATIORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APPROPRIATE ACTION. ;J;:J:r~ BRETT HOLLEN Code Enforcement Officer City of Moses La ke PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY DATED: Wednesday, July 5, 2017 ISSUED TO: Aaron Stewart 502 N 1st St TACOMA, WA 98403-2023 CASE#: COD2017-0596 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS: Weeds in excess of 12" in height are present in the front and side areas of this property. The City is requiring these corrections listed on this Notice and Order be accomplished by Wednesday, July 19, 2017. ACTION NECESSARY TO CORRECT VIOLATION Weeds must be cut or removed from these areas. LOCATION OF UNLAWFUL CONDITION LOCATION: 1111 N EVELYN DR MOSES LAKE, WA. PARCEL: 102121000 LEGAL DESC: Parcel 1 Parkplace Plaza Lot 3 Commercial BSP # 1 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 environmenta/Jy sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, a/J 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, sha/J 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 NOTIFI ED 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 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 MOSES LAl<.E City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Tuesday, August 8, 2017 Diversified Commercial Holdings, LLC 2522 N. Proctor Street #467 TACOMA, WA 98406 RE: Hearing to Permit City Abatement of Nuisance for case tile #: COD20J 7-0596 Property Located at: 1111 NEVEL YN DR MOSES LAKE, WA. on Parcel I 02121000 Via Regular Mail and Return Receipt Mail Aaron Stewart 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: Parcel 1 Parkplace Plaza Lot 3 Commercial BSP # I This property is located at: 111 I N EVELYN DR MOSES LAKE, WA. on Parcel 102121000 On Wednesday, July 5, 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 Wednesday, July 19, 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. 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 su~ject 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. lf you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 40 I S. Balsam, Moses Lake, WA, phone (509) 764-370 I. Sincerely, -ye-:-~df Tina Jewell Code Enforcement Officer cc: City Manager City Attorney Community Development Director (If T 0 f MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Tuesday, August 8, 2017 Aaron Stewart 502N lstSt TACOMA, WA 98403-2023 RE: Hearing to Permit City Abatement of Nuisance for case file#: COD20!7-0596 Property Located at: 1111 N EVELYN DR MOSES LAKE, WA. on Parcel I 02121000 Via Regular Mail and Return Receipt Mail Aaron Stewart 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: Parcel I Parkplace Plaza Lot 3 Commercial BSP # 1 This property is located at: 1111 N EVELYN DR MOSES LAKE, WA. on Parcel I 02121000 On Wednesday, July 5. 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 Wednesday, July 19, 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 August 22, 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 IMPORT ANT. YOUR FAILURE TO PARTICIPATE MAY I MP ACT IMPORT ANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 40 I S. Balsam , Moses Lake, WA, phone (509) 764-370 I. Sincerely, ;::;:;r~ Code Enforcement Officer cc : City Manager City Attorney Community Development Director To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Director/Deputy City Manager August 22, 2017 MOTION Resolution -Nuisance Abatement -1244 S Division St legislative History: August 22, 2017 Motion Attached is a resolution providing for the abatement of a nuisance at 1244 S Division St owned by Kendra Luther & Linda Lucas. 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 1244 S Division St 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 1of2 Options • ·~~~~·~~~~~_..~~~~~~~--~~~~- • 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 1244 S. Division and pass the Resolution as presented. Attachments Exhibits 1-6 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. 3689 A RESOLUTION DETERMINING THAT KENDRA LUTHER & LINDA LUCAS ARE THE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Prooertv Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal codes of the City, that the real property located at 1244 S Division St (legal description), Parcel #090640000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030.U. The records of Grant County show the owners of the subject property to be Kendra Luther & Linda Lucas, 21444 301h Ave S, SeaTac, WA 98198-6030. 2. Notice. On May 11th, 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 July 3rd, 2017, the Code Enforcement Officer caused to be delivered to Kendra Luther & Linda Lucas (name) a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 22, 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 ant 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 August 22, 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. 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 Nuisances. EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 11 th, 2017 from the Code Enforcement Officer addressed to Kendra Luther & Linda Lucas, 21444 30th Ave S, SeaTac, WA. 98198-6030. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1244 S Division St, Moses Lake, Washington. EXHIBIT #4: Letter dated August 2nd, 2017, from the Code Enforcement Officer to Kendra Luther & Linda Lucas advising the property owner of the hearing regarding abatement of property, scheduled for August 22nd, 2017. 1. A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 1244 S Division St, Moses Lake, Washington. Kendra Luther & Linda Lucas 21444 30th Ave S, SeaTac, WA. 98198-6030 are 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: 2.1. Grasses and 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. Kendra Luther & Linda Lucas, the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 4.1 Grasses and weeds must be cut down and removed. RESOLUTION NO. Page 3 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the cleanup required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. 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 August 22, 2017. Todd Voth, Mayor ATTEST: Cindy Jensen, Finance Director City of Moses Lake MOSES 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: CASE KENDRA LUTHER ETAL 21444 30TH AVE S SEATAC, WA 98198-6030 #: COD2017-0303 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, side, and back areas of this home as well as in the sidewalk planter strip. LOCATION OF UNLAWFUL CONDITION LOCATION: 1244 S DIVISION ST, MOSES LAKE LEGAL DESC: Lot 11 Broad Ripple #1 VIOLATIONS 8. 14. 030. U -Maintenance of grasses, weeds, etc PARCEL: 090640000 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 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. BRETT HOLLEN Code Enforcement Officer City of Moses Lake I 321 S. Balsam Avenue I General Office Number (509)764-3750 City of Moses Lake c. 'I' 1' 0' 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: Linda Lucas Etal 21444 30TH AVES SEATAC, WA 98198-6030 CASE #: COD2017-0303 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, side, and back areas of this home as well as in the sidewalk planter strip. LOCATION OF UNLAWFUL CONDITION LOCATION: 1244 S DIVISION ST, MOSES LAKE LEGAL DESC: Lot 11 Broad Ripple #1 VIOLATIONS 8. 14. 030. U -Maintenance of grasses, weeds, etc PARCEL: 090640000 Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of lane/ 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. 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, BRETT HOLLEN Code Enforcement Officer City of Moses Lake I 321 S. Balsam Avenue I General Office Number (509)764-3750 City of Moses Lake CI t T OP HOSES LAtc:.e 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: Kendra Luther Etal 21444 30TH AVES SEATAC, WA 98198-6030 CASE #: COD2017-0303 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, side, 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 Thursday, May 25, 2017. . ACTION NECESSARY TO CORRECT VIOLATION Grass and Weeds must be cut to lower than 12" in height. LOCATION OF UNLAWFUL CONDITION LOCATION: 1244 S DIVISION ST, MOSES LAKE LEGAL DESC: Lot 11 Broad Ripple #1 PARCEL: 090640000 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. 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 City of Moses Lake HOSES 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: Linda Lucas Etal 21444 30TH AVES SEATAC, WA 98198-6030 CASE#: COD2017-0303 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, side, 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 Thursday, May 25, 2017. ACTION NECESSARY TO CORRECT VIOLATION Grass and Weeds must be cut to lower than 12" in height. LOCATION OF UNLAWFUL CONDITION LOCATION: 1244 S DIVISION ST, MOSES LAKE LEGAL DESC: Lot 11 Broad Ripple #1 PARCEL: 090640000 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. 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. 2~~ BRETT HOLLEN Code Enforcement Officer MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Wednesday, August 2, 2017 Linda Lucas 21444 30TH AVES SEAT AC, WA 98198-6030 RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2017-0303 Property Located at: 1244 S DIVISION ST, MOSES LAKE on Parcel 090640000 Via Regular Mail and Certified Mail Linda Lucas 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 I I Broad Ripple #I This property is located at: 1244 S DIVISION ST, MOSES LAKE on Parcel 090640000 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 Wednesday, August 2, 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, August 22nd 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, 40 I S. Balsam, Moses Lake, WA, phone (509) 764-3701. Code Enforcement Officer cc: City Manager City Attorney Community Development Director MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Wednesday, August 2, 2017 Kendra Luther 21444 30TH AVES SEATAC, WA 98198-6030 RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2017-0303 Property Located at: 1244 S DIVISION ST, MOSES LAKE on Parcel 090640000 Via Regular Mail and Certified Mail Kendra Luther 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 11 Broad Ripple #I This property is located at: 1244 S DIVISION ST, MOSES LAKE on Parcel 090640000 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 Wednesday, August 2, 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, August 22nd 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. Since. r~ly, , #d RiclfoDRIGUEZ Code Enforcement Officer cc: City Manager City Attorney Community Development 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 Gilbert Alvarado, Community Dev. Director/Deputy City Manager August 22, 2017 MOTION Resolution -Nuisance Abatement-814 S Fairbanks Dr Legislative History: August 22, 2017 Motion Attached is a resolution providing for the abatement of a nuisance at 814 S Fairbanks Dr owned by Mark A. Janke. 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 814 S Fairbanks Dr 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 22, 2017 Notice of Violation and Order to Correct or Cease Activity. Fiscal and Policy Implications N/A Page 1of2 Options Option Results • Consider the Resolution abating the Compliance with MLMC 8.14 Nuisances existing nuisances at 814 5 Fairbanks Dr --·--------·---·----------·---·-------- • 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 814 S. Fairbanks 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. 3690 A RESOLUTION DETERMINING THAT MARK A JANKE 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 814 S Fairbanks Dr, Lot 4 Block 8 Lakeview Terrace #1 , Parcel #100887000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030.U. The records of Grant County show the owners of the subject property to be Mark A Janke 2020 Perch Ave , Moses Lake, WA. 98837 2. Notice. On May 22nd, 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 July 131h, 2017, the Code Enforcement Officer caused to be delivered to Mark A Janke, a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 22nd, 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 ant 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 August 22, 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. 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 Nuisances. EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 22nd, 2017 from the Code Enforcement Officer addressed to Mark A Janke 2020 Perch Ave, Moses Lake, WA 98837 EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 814 S Fairbanks Dr, Moses Lake, Washington. EXHIBIT #4: Letter dated August 2, 2017, from the Code Enforcement Officer to Mark A Janke advising the property owner of the hearing regarding abatement of property, scheduled for August 22, 2017. 1. A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 814 S Fairbanks Dr, Moses Lake, Washington. Mark A Janke 2020 Perch Ave, Moses Lake, WA 98837 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: 2.1. Grasses and 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. Mark A Janke, 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 must be cut down and removed. 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the cleanup required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified publ ic nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified publ ic 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 August 22, 2017. Todd Voth, Mayor ATTEST: Cindy Jensen, 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: Monday, May 8, 2017 ISSUED TO: MARK A JANKE 2020 PERCH AVE MOSES LAKE, WA 98837-5303 CASE#: COD2017-0443 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: Weeds and Grass in excess of 12" in height are present in the front and side areas of this home. , LOCATION OF UNLAWFUL CONDITION LOCATION: 814 S FAIRBANKS DR, MOSES LAKE LEGAL DESC: Lot 4 Block 8 Lakeview Terrace# 1 VIOLATIONS 8. 14. 030. U -Maintenance of grasses, weeds, etc PARCEL: 100887000 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 Weeds and Grass must be cut to lower than 12" in height. You are notified to correct said conditions to the satisfaction of the undersigned by Monday, May 22, 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, /3~~ BRETT HOLLEN Code Enforcement Officer City of Moses Lake I 321 S. Balsam Avenue I General Office Number (509)764-3750 City of Moses Lake HOSES LAKE PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY DATED: Monday, May 22, 2017 ISSUED TO: MARK A JANKE 2020 PERCH AVE MOSES LAKE, WA 98837-5303 CASE #: COD2017-0443 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS: Weeds and Grass in excess of 12" in height are present in the front and side areas of this home. The City is requiring these corrections listed on this Notice and Order be accomplished by Monday, June 5, 2017. ACTION NECESSARY TO CORRECT VIOLATION Weeds and Grass must be cut to lower than 12" in height. LOCATION OF UNLAWFUL CONDITION l:eGAf-ION~81-4--8-FAIRB-ANlfS--8R-;MeSES-tAK-E LEGAL DESC: Lot 4 Block 8 Lakeview Terrace# 1 PARCEL: 10088700() · 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'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 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 MATIER WILL BE REFERRED TO THE CITY ATIORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APPROPRIATE ACTION. Sincerely, 6 BRETT HOLLEN Code Enforcement Officer MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3753 DA TED: Wednesday, August 2, 2017 Mark A Janke 2020 Perch Ave Moses Lake, WA 98837-5303 RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2017-0443 Property Located at: 814 S FAIRBANKS DR, MOSES LAKE on Parcel 100887000 Via Regular Mail and Certified Mail Mark A Janke 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 4 Block 8 Lakeview Terrace # 1 This property is located at: 814 S FAIRBANKS DR, MOSES LAKE on Parcel 100887000 On Monday, May 22, 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 Wednesday, August 2, 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, August 22nd, 2017 which is more than ten days from the date ofthis 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 IMP ACT 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, ~u~ Code Enforcement Officer cc: City Manager City Attorney Community Development Director To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Director/Deputy City Manager August 22, 2017 MOTION Resolution -Nuisance Abatement-9972 Sunny Dr NE Legislative History: I August 22, 2017 I Motion Attached is a resolution providing for the abatement of a nuisance at 9972 Sunny Dr NE owned by Roland & Anastacia Huff. 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 9972 Sunny Dr NE 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 Option Results • Consider the Resolution abating the Compliance with MLMC 8.14 Nuisances existing nuisances at 9972 Sunny Dr NE ------------• Consider the action. Resolution and take no I Non-Compliance with MLMC 8.14, Nuisances I Staff Recommendation Staff recommends that City Council consider abating the existing nuisance at 9972 Sunny Dr NE 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. 3691 A RESOLUTION DETERMINING THAT ROLAND & ANASTACIA HUFF ARE THE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 9972 NE Sunny Dr, Lot 1 Block 3 Longview Tracts (legal description), Parcel #120405000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030U. The records of Grant County show the owners of the subject property to be Roland & Anastacia Huff, 4917 E Commerce Ave, Spokane, WA. 99212-1367. 2. Notice. On May 121h, 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 July 131h, 2017, the Code Enforcement Officer caused to be delivered to Roland & Anastacia Huff (name) a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 22nd, 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 ant 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 sidewalk/activity trail or residential dwelling on the property shall be exempt. 2. Property with sidewalks/activity trail but no residential dwelling on the property shall be required to control the vegetation ten feet (10') from the back of the sidewalk/activity trail. 3. Property with sidewalk/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property. 4 . Hearing. On August 22nd, 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. 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 Nuisances. EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 121h, 2017 from the Code Enforcement Officer addressed to Roland & Anastacia Huff, 4917 E Commerce Ave, Spokane, WA. 99212-1367. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 9972 NE Sunny Dr, Moses Lake, Washington. EXHIBIT #4: Letter dated July 131h, 2017, from the Code Enforcement Officer to Roland & Anastacia Huff, advising the property owner of the hearing regarding abatement of property, scheduled for August 22nd, 2017. 1. A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 1244 NE Sunny Dr, Moses Lake, Washington. Roland & Anastacia Huff 4917 E Commerce Ave, Spokane, WA. 99212-1367 are 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: RESOLUTION NO. Pa e 3 2.1 . Grasses and 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. Roland & Anastacia Huff, the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 4.1 Grass and 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 owners and occupant to make the cleanup required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. 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 August 22, 2017. Todd Voth, Mayor ATTEST: Cindy Jensen, Finance Director City of Moses Lake ''"' l' 0. MOSES LAKE Code Enforcement Division Contact: BRETT HOLLEN Phone: (509) 764-3748 NOTICE TO CORRECT -UNSAFE OR UNLAWFUL CONDITION DATED: Friday, April 28, 2017 ISSUED TO: ROLAND C & ANASTACIA HUFF 4917 E COMMERCE AVE SPOKANE, WA 99212-1367 CASE#: COD2017-0329 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. LOCATION OF UNLAWFUL CONDITION LOCATION: 9972 NE SUNNY DR, MOSES LAKE LEGAL DESC: Lot 1 Block 3 Longview Tracts VIOLATIONS 8.14.030.U -Maintenance of grasses, weeds, etc PARCEL: 120405000 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 Friday, May 12, 201 7. 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 City of Moses Lake MOSES LAf<E PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY DATED: Friday, May 12, 2017 ISSUED TO: ROLAND C & ANASTACIA HUFF 4917 E COMMERCE AVE SPOKANE, WA 99212-1367 CASE#: COD2017-0329 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. 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: 9972 NE SUNNY DR, MOSES LAKE LEGAL DESC: Lot 1Block3 Longview Tracts PARCEL: 120405000 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. 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 APP.EAL 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. *~b~ BRETT HOLLEN Code Enforcement Officer ~ CI f 'r 0 f MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DA TED: Wednesday, August 2, 2017 ROLAND C & ANASTACIA HUFF 4917 E COMMERCE A VE SPOKANE, WA 99212-1367 RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2017-0329 Property Located at: 9972 NE SUNNY DR, MOSES LAKE on Parcel 120405000 Via Regular Mail and Certified Mail ROLAND C & ANASTACIA HUFF 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 1 Block 3 Longview Tracts This property is located at: 9972 NE SUNNY DR, MOSES LAKE on Parcel 120405000 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 Wednesday, August 2, 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, August 22nd, 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. Sincerely, ?da/lUE~ Code Enforcement Officer cc: City Manager City Attorney Community Development Director