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2017 09 26__________________________________________________________________________________________________ ______________________________________________________________________________________________ Moses Lake City Council Karen Liebrecht, Deputy Mayor | Ryann Leonard, Council Member | David Curnel, Council Member |Don Myer, Council Member Mike Norman, Council Member City Council Meeting Agenda September 26, 2017 Call to Order – 7:00 pm Roll Call Pledge of Allegiance Summary Reports: Mayor’s report • Lodging Tax Advisory Committee – Chair Appointment Additional Business City Manager’s Report • Urban Growth Area – Utility Extension 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 – September 12, 2017 Council Meeting b. Approval Bills and Checks Issued c. Resolution – Set Date for Public Hearing – Right of Way Vacation – Mann & Eilers Public Hearing #2 Resolution – Declare Certain Personal Property Surplus Motion Presented by Fred Snoderly, Municipal Services Director Summary: Open a Public Hearing and take testimony regarding declaration of surplus September 26, 2017, City Council Meeting – Page 2 Old Business #3 Request to Dispose – Surplus Materials, Equipment, and Misc Items Motion Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and grant request as presented #4 Request for Sign/Rock Placement on Right of Way – Colville Fuels (Tabled) Motion Presented by Gilbert Alvarado, Deputy City Manager Summary: Council to review and take action regarding request #5 Ordinance – Amend MLMC 1.20 Civil Code Enforcement Motion Presented by Katherine Kenison, City Attorney Summary: Council to adopt amended municipal code as presented #6 Ordinance – Amend MLMC Chapter 8.52.050 Vehicle Repair – Residential Motion Presented by Katherine Kenison, City Attorney Summary: Council to adopt amended municipal code as presented #7 Resolution – Amend the 2018 – 2023 6 Year Transportation Improvement Program Motion Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and adopt resolution as presented #8 Moses Lake Municipal Airport Leases Motion Presented by Katherine Kenison, City Attorney Summary: Council to review and accept proposed lease agreement New Business #9 Notice of Petition & Request to Annex Motion Presented by Gil Alvarado, Community Dev. Director/Deputy City Manager Summary: Council to review and accept notice of intent and petition as presented #10 Request to Award Sidewalk & Ramp Repair Project- 2017 Motion Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and award bid as presented #11 Ordinance – Amend MLMC Chapter 5.04 Business License Regulations Presented by Cindy Jensen, Finance Director Summary: Council to review and consider adopting ordinance as presented September 26, 2017, City Council Meeting – Page 3 #12 Ordinance – Cascade Natural Gas Franchise Presented by Katherine Kenison, City Attorney Summary: Council to review and consider adopting ordinance as presented #13 Resolution – Nuisance Abatement – 230 W Linden Ave Motion Presented by Gil Alvarado, Community Dev. Director/Deputy City Manager Summary: Council to review and accept resolution as presented #14 Resolution – Nuisance Abatement Costs – 4 properties/4 resolutions 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 September 12, 2017 CALL TO ORDER: The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Liebrecht 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 (Acting) Karen Liebrecht, and Council members Don Myers, Ryann Leonard, Mike Norman and David Curnel. PLEDGE OF ALLEGIANCE: Fire Chief, Brett Bastian, led the Council in the pledge of allegiance. SUMMARY REPORTS: MAYOR’S REPORTS •Proclamation – 2017 Lifetime Achievement was presented to Colonel (ret.) Clyde Owen and the Port of Moses Lake also presented a proclamation for his achievements. ADDITIONAL BUSINESS - None CITY MANAGER’S REPORTS New City Employee Introduction Spencer Grigg, Parks and Recreation Director, introduced Thomas Moschner as the new Parks Maintenance Worker for the Parks Department. Municipal Services Agreement – Colville Fuels Half Sun – Update City Manager, John Williams informed Council that the Municipal Services Agreement has been signed and accepted by Colville Fuels. The City is now providing Police and Fire coverage at that location as well as water and sewer. This process is now complete. CITIZEN’S COMMUNICATIONS – None CONSENT AGENDA a.Minutes: The minutes of the August 22, 2017 meeting were presented for approval b.Approval of Claims, Prepaid Claims, Checks, and Payroll: Vouchers audited andcertified by the Finance Director as required by RCW 42.24.080, and those expense reimbursement claims, certified as required by RCW 42.24.090, havebeen 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 ofSeptember 12, 2017 the Council does approve for payment claims in the amountof $1,110,893.19; prepaid claims in the amounts of $81,319.09, $13,552.52,$12,978.94, $7,633.91, and $348.00; claim checks in the amount of $1,129,183.24; and payroll in the amount of $405,736.45 and $3,498.60. CITY COUNCIL MINUTES – September 12, 2017 pg. 2 c. Resolution - Set Date for Public Hearing – Vacating Right of Way – Fig/Commercial Street A public hearing was set for October 10, 2017 to consider the Right of Way Vacation on Fig and Commercial Street. d. Resolution – Abandonment of Easement – Dove Court Resolution No. 3693 was presented to Council which would abandon a portion of a public utility easement on Lot 1, Block 2 of Bluff West Major Plat, 640 N. Dove Court. A newly constructed roof eave encroached onto a portion of the rear yard public utility easement and the property owner requested to abandon the un-used public utility easement. e. Resolution – Abandonment of Public Utility Easement – Pilgrim St Resolution No. 3694 was presented which would abandon a portion of public utility easement located within Lot 2, Block 1, of the Pioneer Commercial Park 1st Addition Major Plat, 1530 S. Pilgrim. The property owner would like to construct a business office. The placement of the building slightly over the subject easement would allow for maximum use of the proposed parking area and drive isle. Action Taken: Council Member Curnel moved that the Consent Agenda be approved, seconded by Council Member Leonard, and passed unanimously. PUBLIC HEARING #2 Six Year Transportation Improvement Program The City is required to present the Six Year Transportation to the public and allow comments to be heard and incorporated into the program. The Six Year TIP is then submitted to Regional, State, and Federal planning organizations to form lists of transportation needs. 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. Mayor Liebrecht opened the public hearing to take testimony from the public in regards to this matter. Public Testimony: Chuck Perry, 4180 W. Lakeshore Dr., Moses Lake, Washington Mr. Perry informed Council that his residence is located on the portion of Lakeshore Dr. that has not been completed for improvement. Mr. Perry wanted a confirmation from Council that this amendment to the 6 Year Transportation Improvement Program would cover this portion of Lakeshore Dr. and to also consider reducing the speed limit in this area. His primary concern is that there are too many drivers speeding in the area with children present. Mr. Perry also suggested a roundabout be placed to reduce speeding. Action Taken: Councilmember Curnel moved that the public hearing be closed, seconded by Councilmember Leonard, motion passed unanimously. A MOMENT OF SILENCE – Mayor Liebrecht asked everyone in the council chambers to give a moment of silence out of respect to the passing of the City of Moses Lake’s Human Resource Director, Richard Bisnett, who passed away on Friday, September 8, 2017. CITY COUNCIL MINUTES – September 12, 2017 pg. 3 NEW BUSINESS #3 Ordinance – Amend MLMC 1.20 Civil Code Enforcement City Attorney, Katherine Kenison gave a brief history on this agenda item. Council has had several discussions regarding its code enforcement process, enforcement priorities, penalties, and repeat offenders. Staff believes that the current practice of pursuing enforcement through administrative enforcement (notice of violation and order to correct) has been successful in addressing some code violations but has not been successful in other situations where a citation (ticket) might be more appropriate. The proposed ordinance amendments provide clarification to the enforcement process and include a graduated penalty schedule for repeat offenders. The amendments will provide staff with an alternate approach to addressing some of the code violations by establishing fixed penalty amounts for the issuance of citations which may not be waived, suspended, deferred, and/or reduced by the judge. Ms. Kenison also stated that this would be more efficient use of staff time and resources in code enforcement and the potential for more effective enforcement and voluntary compliance. There was some discussion by the Council. No other action taken. #4 Ordinance – Amend MLMC Chapter 8.52.050 Vehicle Repair – Residential City Attorney, Katherine Kenison asked Council to consider amending MLMC Chapter 8.52.050 to clarify the definition of “minor” so the infraction given for the violation of this code would be enforced. City ordinance prohibits vehicle and equipment repair on residential premises unless the vehicle/equipment is owned by an occupant or occupant’s family member and then subject to the following restrictions like “Work must occur within an enclosed structure or area screened from public view unless it is minor work and is done on a driveway or improved parking surface. This is a fairly common code violation and staff has encountered difficulty enforcing this code provision in municipal court. The municipal court judges have struggled with determining what constitutes “minor” work under section C of this ordinance. The amendment clarifies what constitutes “minor” work in an objective manner by defining it based upon time rather than the type of work. Under the amended code, “minor” work would be any work completed within 48 hours. There was some discussion by the Council. No other action taken. #5 Resolution – Petition to Withdraw from the Grant County Conservation District City Attorney, Katherine Kenison gave a brief explanation to Council the reason for her request to withdraw from the conservation district. The City has been in the Grant County Conservation District (GCCD) since 1975. The GCCD has never before imposed a flat rate, per parcel fee on the land within its District. Effective January 1, 2018, the GCCD will be imposing a $4.96 per parcel fee on every parcel of land within the City. Based upon information obtained from the GCCD, there appears to be little or no corresponding benefit of the services provided by the GCCD to parcels of land within the City. Based upon the information presented and GCCD’s answers to staff questions, it appeared questionable whether there was a corresponding benefit to the city and its property owners from the proposed rates and charges. Because of the additional monetary burden on Moses Lake parcels without a corresponding benefit, staff has prepared a proposed resolution petitioning to withdraw for the City Council’s consideration. CITY COUNCIL MINUTES – September 12, 2017 pg. 4 There was some discussion by the Council. Action Taken: Council Member Curnel moved to approve Resolution No. 3695 as presented, seconded by Council Member Norman, and passed unanimously. #6 Moses Lake Municipal Airport Leases City Attorney, Katherine Kenison asked Council to review and accept the proposed Municipal Airport Lease presented tonight. Ms. Kenison gives Council a brief overview of the lease situation at the Municipal Airport. The City owns and operates a municipal airport and has leased individual parcels to tenants for aviation-related uses. Some tenants have made improvements to the property over the years, such as a building or a hangar. These leases have not been reviewed and revised/updated since their original 1996 format. The leases need to be updated to bring them current with industry standards. Over the past several months, staff has been working with the airport commission and tenants to create a current inventory of the leased parcels and to develop an updated lease template. The insurance requirements have been updated to industry standards and in accordance with the City’s airport insurer’s recommendations. Coverage types will differ depending upon the use of the property and whether there are improvements on the parcel(s). Other provisions have been updated to include commercially reasonable terms, including better protection for the City as property owner from exposure to liability caused by tenant activities. Public Input: Daryl Jackson, 1501 E. Husky Dr., Moses Lake, WA Mr. Jackson spoke to Council about the insurance coverage requirements the City has imposed on Municipal Airport Lessees. Mr. Jackson is disputing the City’s requirement to have insurance coverage on an end-item on City property. He is also disputing the requirement for insurance coverage on experimental/light sport aircraft when no such coverage exists. Considerable discussion by Council. It was the consensus of the Council for City Staff to research insurance coverage on light sport/experimental aircraft with other Municipal Airports and bring back their findings at the next council meeting. Public Input: Micah Trautman, Basin Pacific Insurance, 1025 S. Pioneer Way, Moses Lake, WA Mr. Trautman stated that Mr. Daryl Jackson had concerns regarding Section 10 C. of the Municipal Airport Lease presented tonight. In the Lease, Section 10 C states: Minimum Scope of Insurance: Lessee shall obtain insurance of the types and coverage described below: 1. Comprehensive General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. Any Lessee engaged in airframe and engine repair/maintenance shall include products liability and completed operations in the Comprehensive General Liability insurance coverage. The Lessor shall be named as an additional insured on Lessee's Comprehensive General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. Mr. Trautman also state that some commercial operators do not carry the products liability and completed operations in their Comprehensive General Liability insurance coverage. Mr. Trautman didn’t feel it necessary for the City to require this type of coverage on their lessees. There is no benefit in his opinion. City Staff will take into consideration Councils concerns regarding general liability insurance and bring back the lease for review and approval at the next council meeting. No other action taken. CITY COUNCIL MINUTES – September 12, 2017 pg. 5 #7 Request Plat Design Standard Deviation – McKean Preliminary Short Plat Deputy City Manager, Gilbert Alvarado presented this request from Columbia Northwest Engineering on behalf of property owners Jeromy and Rosario McKean to Council, to allow a deviation for the requirement to have minimum of (65) feet wide, at the building setback line and a deviation for the requirement to have a minimum of (100) feet depth. The subject property is located at 1048 W. Virginia Street. Mr. Alvarado explained the consideration for the plat deviation for a short plat between Virginia and Luta Streets would result in lots that would not meet the standards for lot depth, width or area in the R-1 Zone. However, the plat would create opportunity for infill in an area where the street pattern is already established. The McKean’s have been working with a builder who has developed small lots (approximately 5,699 SF) to find house plans suitable for small lots. Considerable discussion by the Council. Action Taken: Council Member Norman moved that the plat design standard deviation request be approved as presented, seconded by Council Member Curnel, and passed unanimously. #8 Request Sun Terrace Plat Extension – AHO Construction Deputy City Manager, Gilbert Alvarado presented this request from Mel Aho to Council. Aho Construction is requesting an extension to the Sun Terrace Major Preliminary Plat (s) No. 2, 3, 4, 5, 6, 7 and 8 as they are nearing expiring and becoming null and void. Mr. Aho cites slow market conditions for the reason that he is again requesting extensions to the Preliminary Plat(s). The City Council has previously granted extensions to the Sun Terrace developments, which are set to expire January 2018. The City Council currently has the authority to grant a one (1) time, three (3) year extension, which has already been extended to Aho Construction with the Sun Terrance development. Public Input: Jon Johnson, 5512 NE 109th Ct, Vancouver WA, AHO Construction Mr. Johnson gave a brief history and explanation for the need of an extension. Considerable discussion by the Council. Action Taken: Council Member Norman moved that the request be granted but also draft language allowing additional extensions, seconded by Council Member Curnel, and passed unanimously. #9 Request to Dispose – Surplus Items from Various City Departments City Manager, John Williams informed Council that after reviewing the agenda item, it was determined this agenda item needs to have a public hearing. Due to a lack of a surplus policy, this agenda item needs to be at the next council meeting as a public hearing in which a resolution will be presented declaring certain personal property surplus. Considerable discussion by Council. Action Taken: Council Member Leonard moved that a public hearing be set for September 26, 2017 to address the surplus items, seconded by Council Member Curnel, and passed unanimously. #10 Request for Sign/Rock Placement on Right of Way – Colville Fuels Deputy City Manager, Gilbert Alvarado informed Council that representatives from the Colville Fuels were unable to be present for tonight’s meeting and would like to reschedule for the September 26th meeting. CITY COUNCIL MINUTES – September 12, 2017 pg. 6 Considerable discussion by the Council. Action Taken: Council Member Leonard moved that this agenda item be tabled to the next council meeting on September 26, 2017, seconded by Council Member Curnel, and passed unanimously. ADMINISTRATIVE REPORTS K9 Program – Grant Request Police Chief, Kevin Fuhr informed Council the Moses Lake Police Department was eligible for a Justice Assistance Grant (JAG) in the amount of $10,813. They have applied for this grant and if chosen to receive, they would have 3 years to spend the funds. The funds would be allocated to the K9 program. This grant is available for public viewing at the Police Department. UGA Baker Development Agreement Deputy City Manager, Gil Alvarado informed Council of a project that he is working on with Maiers Development, Bob Fancher and Western Pacific Engineering. This project entails a development agreement where a form of government can enter with specific requirements for a project allowing them to move forward. The City was approached by a group with a marijuana growing operation located out by Nelson and Rd 7 (outside city limits), within the Urban Growth Area. It is not feasible for the City to extend city utilities to this area. Mr. Alvarado would like permission from the Council to enter into an agreement with Grant County and the developers to move forward under certain conditions and not prompt the idea of annexation. Considerable discussion by Council. Action Taken: Council Member Leonard moved to allow the City to enter into a development agreement with Grant County and the developer under certain conditions and not prompt the idea of annexation, seconded by Council Member Myer, and passed unanimously. COUNCIL COMMUNICATIONS AND REPORTS - None EXECUTIVE SESSION The regular meeting was recessed at 8.47 pm and the Council met in a 10 minute executive session, with the City Attorney and with no action to follow, to discuss the minimum price at which real estate will be offered for sale under RCW 42.30.110 (c). The executive session was adjourned at 8.58 pm and the regular meeting was reconvened. ADJOURNMENT: The regular meeting was adjourned at 8:58 pm. _________________________ Karen Liebrecht, Mayor (Acting) ATTEST ____________________________________ Cindy Jensen, Finance Director DATE 9/14/17 TIME 10:22:00 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 09/26/2017 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amo1mt Purpose of Purchase ======================================================================================================================= APWA 00000004 0000082114 740.00 APWA MEMBERSHIP ==================~=== TOTAL: 740.00 CASCADE NATURAL GAS CORP 00000203 0000082156 4,495.60 SNS GAS USAGE ====================== TOTAL: 4,495.60 STERICYCLE 00005155 0000082295 128.77 MEDICAL WASTE DISPOSAL ==================~=== TOTAL: 126 .77 =========================~=== REPORT TOTAL: 5,364.37 DATE THU, SEP 14, 2017, 10:22 AM TIME 10:22:01 TOTALS BY FUND FUND NO 000 498 C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G GENERAL FUND AMBULANCE FUND FUND NAME TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW LAKE T 0 B E A P P R 0 V E D 0 F 09/26/2017 AMOUNT 5,235.60 128' 77 5,364.37 VEND NO. P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID 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 $5,364.37 THIS 26TH DAY OF SEPTEMBER, 2017 * * * MAYOR FINANCE DIRECTOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DATE 9/21/17 PAGE 1 TIME 17:32:36 XAPPRVD NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN C I L MEET ING 0 F 09/26/2017 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= A & H PRINTERS 00000001 A-L COMPRESSED GASES INC 00006323 AAA READYMIX INC 00000027 ACE HARDWARE 00006538 ACTIVE NETWORK INC 00007606 ALS GLASS SERVICE INC 00003951 AMERICAN LINEN 00004927 AQUATIC SPECIALTY SERVICES 00007861 ARIKA LOEFFLER 00006430 BANK OF THE WEST 00007547 0000082422 0000082422 0000082394 160.77 80.93 237.38 BUSINESS CARDS & YOUTH SPORTS BUSINESS CARDS & YOUTH SPORTS PRINTED SUPPLIES ====================== TOTAL: 479.08 0000082303 33.45 MISC SUPPLIES ====================== TOTAL: 0000082320 TOTAL: 0000082428 0000082428 0000082428 TOTAL: 0000082327 TOTAL: 0000082385 TOTAL: 0000082302 TOTAL: 0000082415 TOTAL: 0000082395 33.45 177.77 177.77 148.85 23. 72 12.06 184.63 CONCRETE 8,492.79 TOTAL SERVICE COSTS 8,492 .79 1,208.48 VANDALISM REPAIR 1,208.48 93.28 LINEN SERVICE 93.28 1,515.12 SNS MAINTENANCE -OP. SUPPLIES 1,515.12 44.00 RECREATION CLASS ======~=============== TOTAL: 0000082369 0000082369 44.00 1,335.81 LEASE PYMT/PD CAR VIDEO SYS 210 .14 LEASE PYMT/PD CAR VIDEO SYS DATE 9/21/17 TIME 17:32:36 PAGE 2 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 N G 0 F 09/26/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= BASIN REFRIGERATION & HEAT INC 00003512 BASIN SEPTIC SERVICES 00000166 BA'I'I'ERY SYSTEMS INC 00004673 BESSE MEDICAL SUPPLY 00006688 BOB BARKER COMPANY, INC. 00006948 BOUND TREE MEDICAL LLC 00006022 BUD CLARY CHRYSLER DODGE JEEP 00005449 BUD CLARY FORD 00006454 BUD CLARY TOYOTA CHEVROLET 00000150 CASCADE ENGINEERING SERVICES 00007146 CASCADE NATURAL GAS CORP 00000203 TOTAL: 1,545.95 0000081567 6,300.10 HVAC SPLIT SYSTEM FOR TLC ====================== TOTAL: 0000082429 TOTAL: 0000082304 0000082304 6,300.10 1,132 .96 1,132.96 291. 03 43.22 BA'I'I'ERIES BA'I'I'ERIES ====================== TOTAL: 0000082350 TOTAL: 0000082426 TOTAL: 0000082373 TOTAL: 0000082305 TOTAL: 0000082306 0000082306 TOTAL: 0000082339 0000082339 334.25 957.33 MEDICAL SUPPLIES 957.33 85.06 MISC SUPPLIES 85.06 5,237.58 MEDICAL SUPPLIES 5,237.58 105.61 MISC REPAIR PARTS 105.61 383.29 MISC REPAIR PARTS 2,584.71 MISC REPAIR PARTS 2,968.00 506.83 MISC SUPPLIES/REPAIR 137.50 MISC SUPPLIES/REPAIR ====================== TOTAL: 644.33 0000082406 825.00 CALIBRATION SERVICES TOTAL: 825.00 DATE 9/21/17 TIME 17:32:36 C I T Y 0 F M 0 S E S L A K E PAGE 3 XAPPRVD T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN C I L M E E T I N G 0 F 09/26/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CEDAR STREET CLEANERS 00004655 CENTRAL MACHINERY SALES INC 00002779 CENTRAL MANUFACTURING INC 00005478 CENTRAL WASHINGTON ASPHALT 00003510 CHASE PAYMENTECH-EFT 00004046 CHS INC 00000249 0000082414 0000082445 0000082445 TOTAL: 0000082401 TOTAL: 0000082421 0000082310 0000082310 TOTAL: 0000082365 6,495.21 SNS GAS USAGE 59.07 NAT GAS SERVICE 10.60 NAT GAS SERVICE 552.42 UNIFORM MAINTENANCE 552.42 345 . 28 MAINTENANCE -AG RENTAL 11,519.40 MISC SUPPLIES/DOZER RENTAL 381.72 MISC SUPPLIES/DOZER RENTAL 524.61 ASPHALT PATCH ====================== TOTAL: 524.61 0000082308 5,132.46 MATERIAL-5/8 MINUS CSTC TOTAL: 5,132.46 0000082341 853.59 CREDIT CARD FEES 0000082341 853.60 CREDIT CARD FEES 0000082341 853.60 CREDIT CARD FEES 0000082341 853.60 CREDIT CARD FEES 0000082341 853.60 CREDIT CARD FEES ====================== TOTAL: 4,267 .99 0000082132 21.79 FUEL FOR VEHICLES 0000082132 2,478 .69 FUEL FOR VEHICLES 0000082132 108.98 FUEL FOR VEHICLES 0000082132 22,785.74 FUEL FOR VEHICLES ====================== TOTAL: DATE 9/21/17 TIME 17:32:36 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 CI L MEET ING 0 F 09/26/2017 Expenditure Account PAGE 4 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CITY OF MOSES LAKE 00008201 0000082419 345.33 WATER SERVICE 0000082419 114 .35 WATER SERVICE 0000082419 2,044.16 WATER SERVICE 0000082419 11,377 .59 WATER SERVICE 0000082419 1,086.05 WATER SERVICE 0000082419 2,340.15 WATER SERVICE 0000082419 1,119.91 WATER SERVICE 0000082419 4,093.31 WATER SERVICE 0000082419 182 .60 WATER SERVICE 0000082419 464.59 WATER SERVICE 0000082419 574.66 WATER SERVICE 0000082419 1,913.41 WATER SERVICE 0000082419 1,416.84 WATER SERVICE 0000082419 106 .65 WATER SERVICE 0000082419 116.83 WATER SERVICE 0000082419 216.10 WATER SERVICE 0000082419 5,794.39 WATER SERVICE 0000082419 2,395.12 WATER SERVICE 0000082419 113.26 WATER SERVICE 0000082419 4,463.90 WATER SERVICE 0000082419 1,250.34 WATER SERVICE 0000082419 495.35 WATER SERVICE 0000082419 294.53 WATER SERVICE 0000082419 942.47 WATER SERVICE DATE 9/21/17 TIME 17:32:36 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 09/26/2017 Expenditure Account PAGE 5 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 00008106 COLLIERS INTERNATIONAL 00000018 COLUMBIA BASIN PUBLISHING CO 00000210 COLUMBIA BASIN UMPIRES 00006385 COLUMBIA BEARING BDI 00000274 COLUMBIA ELECTRIC SUPPLY 00005972 COLUMBIA GLASS LLC 00005867 0000082419 501.00 WATER SERVICE 0000082419 164.45 WATER SERVICE 0000082419 398.12 WATER SERVICE 0000082419 868.20 WATER SERVICE 0000082419 102.03 WATER SERVICE 0000082419 102.03 WATER SERVICE ====================== TOTAL: 45,397.72 0000081569 5,440.50 RETAINAGE-HVAC SPLIT SYS TLC ====================== TOTAL: 5,440.50 0000082440 3,000.00 PROPERTY APPRAISAL ====================== TOTAL: 0000082382 0000082418 0000082418 0000082397 3,000.00 694.32 PUBLICATIONS 285.13 NEWSPAPER ADDS 285.12 NEWSPAPER ADDS 96.00 ADVERTISING ====================== TOTAL: 0000082417 TOTAL: 0000082243 0000082311 TOTAL: 0000082312 1,360.57 3,496.00 ADULT SPORTS 3,496 .00 32.93 MAINTENANCE -SEALS 17.03 MISC SUPPLIES 49. 96 121.57 MISC SUPPLIES ====================== TOTAL: 121. 57 0000082370 4,545.50 WINDOWS DATE 9/21/17 TIME 17:32:36 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 CI L MEETING 0 F 09/26/2017 · NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ====================== TOTAL: 4,545.50 COMMERCIAL TIRE 00005968 0000082313 344.17 NEW TIRES/WHEEL BALANCE ====================== TOTAL: 344 .17 CONFLUENCE HEALTH 00005069 0000082355 18.18 EMPLOYEE CDL EXAM/SHOTS 0000082355 105.00 EMPLOYEE CDL EXAM/SHOTS 0000082355 244.42 EMPLOYEE CDL EXAM/SHOTS ====================== TOTAL: 367.60 CONSOLIDATED ELECTRIC DIST 00000819 0000082430 77 .11 0000082307 15.84 MISC SUPPLIES 0000082307 7.63 MISC SUPPLIES 0000082307 68.30 MISC SUPPLIES 0000082307 194.92 MISC SUPPLIES ====================== TOTAL: 363.80 CSWW, INC dba NO 40 OUTFITTERS 00001701 0000082433 246.38 MISC SUPPLIES 0000082433 38.82 MISC SUPPLIES 0000082433 86.81 MISC SUPPLIES 0000082433 12.38 MISC SUPPLIES 0000082322 79 .81 MISC SUPPLIES 0000082322 50.68 MISC SUPPLIES ====================== TOTAL: 514.88 DATABAR 00007974 0000082424 682.45 MAIL UTILITY BILLS 0000082424 682.45 MAIL UTILITY BILLS 0000082424 682.45 MAIL UTILITY BILLS 0000082424 682.45 MAIL UTILITY BILLS DATE 9/21/17 TIME 17:32:36 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E E T I NG 0 F 09/26/2017 Expenditure Account PAGE 7 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= DEL ROSE HOY 00005126 DELL MARKETING 00007869 DEPT OF LABOR & INDUSTRIES 00005832 DR LOU SOWERS 00001856 E F RECOVERY 00007244 FABER INDUSTRIAL SUPPLY 00000501 FASTENAL COMPANY 00007372 FERGUSON ENTERPRISES INC #3007 00005482 FERRELLGAS 00002207 GALLS, LLC 00000133 0000082424 682.44 TOTAL: 3,412.24 0000082333 102.00 ====================== TOTAL: 102.00 0000082391 4,772.46 TOTAL: 4,772.46 0000082374 173.80 ====================== TOTAL: 173.80 0000082393 900.00 ====================== TOTAL: 0000082442 0000082442 TOTAL: 900.00 5,203.00 112. 24 5,315.24 MAIL UTILITY BILLS CDL REIMBURSEMENT SUPPLIES/EQUIPMENT RENEW ANNUAL OP CERTIFICATE PRE EMPLOYMENT BACKGROUND AMBULANCE BILLING / AUGUST AMBULANCE BILLING / AUGUST 0000082443 0000082423 40.49 REPAIR/ AIR COMPRESSOR SWITCH 58.07 MARKING PAINT SEAL COAT 2017 TOTAL: 0000082352 0000082314 98.56 32.28 1,285.17 ====================== TOTAL: 1,317.45 0000082368 67.77 ====================== TOTAL: 0000082351 0000082351 TOTAL: 0000082411 67. 77 478.18 12.95 491.13 3,032 .73 MISC SUPPLIES / NEW ENGINE MISC SUPPLIES MISC SUPPLIES PROPANE TANK RENT & REFILL PROPANE TANK RENT & REFILL UNIFORMS DATE 9/21/17 TIME 17:32:36 C I T Y 0 F M 0 S E S L A K E PAGE 8 XAPPRVD T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN C I L M E ET I N G 0 F 09/26/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= GRAINGER PARTS OPERATIONS 00002755 GRANT COUNTY DISTRICT COURT 00007843 HALLS BODY SHOP TOWING 00000702 HEIMAN FIRE EQUIPMENT 00006634 HELENA CHEMICAL COMPANY 00006809 HOME DEPOT CREDIT SERVICES 00007824 INLAND PIPE & SUPPLY COMPANY 00003727 ====================== TOTAL: 3,032.73 0000082315 0000082315 0000082315 119 .90 MISC SUPPLIES/JANITORIAL 594.37 MISC SUPPLIES/JANITORIAL 5.12 MISC SUPPLIES/JANITORIAL ====================== TOTAL: 719. 39 0000082346 1,500.00 MUNI COURT SHARED COSTS ====================== TOTAL : 1,500.00 0000082409 170.00 TOWING SERVICES ====================== TOTAL: 170.00 0000082349 371.05 FIRE HOSE ====================== TOTAL: 371. 05 0000082403 127.11 MAINTENANCE CHEMICALS ====================== TOTAL: 127 .11 0000082427 73.32 MISC SUPPLIES 0000082427 36.66 MISC SUPPLIES 0000082427 303.38 MISC SUPPLIES 0000082427 16.16 MISC SUPPLIES 0000 082427 95.12 MISC SUPPLIES 0000082427 34.44 MISC SUPPLIES 0000082427 2.99 MISC SUPPLIES 0000082427 8.50 MISC SUPPLIES 0000082427 21.55 MISC SUPPLIES 0000082427 301.04 MISC SUPPLIES ====================== TOTAL: 893.16 DATE 9/21/17 TIME 1 7 : 3 2 : 3 6 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 U N C I L M E E T I N G 0 F 09/26/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ITRON 00006106 JERRYS AUTO SUPPLY 00005835 KATHERINE L KENISON PS 00006980 KONE INC 00006438 KONICA MINOLTA BUSINESS SOL 00007194 LAD IRRIGATION COMPANY INC 00001101 LAKE BOWL 00001109 LEVI'S AUTO PARTS, LLC 00006095 LINCOLN EQUIPMENT INC 00006292 LINDSAY/CULLIGAN 00005289 0000082317 39.78 MISC SUPPLIES TOTAL: 39.78 0000082343 0000082343 796 .29 MAINT AGMNT FOR METER SYSTEM 893.02 MAINT AGMNT FOR METER SYSTEM ====================== TOTAL: 1,689 .31 0000082318 0000082318 14.11 MISC SUPPLIES 586.16 MISC SUPPLIES ====================== TOTAL: 600.27 0000082344 9,872.00 ====================== TOTAL: 0000082375 0000082375 TOTAL: 0000082358 9,872.00 65 .35 371.47 436.82 75 .29 ====================== TOTAL: 0000082381 0000082381 75.29 29 ' 11 2,574 .06 ====================== TOTAL: 2,603.17 PROF SVCS -CITY ATTORNEY ELEVATOR MAINTENANCE ELEVATOR MAINTENANCE MAINT AGMNT/COPIER PARK MAINTENANCE/POOL MAINT. PARK MAINTENANCE/POOL MAINT. 0000082396 161 .85 ADULT SPORT TROPHIES ====================== TOTAL: 161. 85 0000082392 540. 72 EQUIPMENT ====================== TOTAL: 540.72 0000082172 229.35 MAINTENANCE POOL SUPPLIES TOTAL: 229 .35 0000082384 62.29 MAC WATER DATE 9/21/17 TIME 17: 32: 36 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN C I L M E ET I NG 0 F 09/26/2017 Expenditure Account PAGE 10 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= LOWES 00003886 MED TECH RESOURCE INC 00007213 MOSES LAKE SOCCER TOTS 00007063 MOSES LAKE STEEL SUPPLY 00001268 NORCO ENTERPRISES INC 00006590 NORTHSTAR CHEMICAL INC 00006113 ====================== TOTAL: 62.29 0000082425 32.56 0000082425 57.32 0000082425 463.10 0000082425 33.60 0000082425 387.53 0000082425 46.12 0000082425 18.41 0000082425 20.46 0000082425 12.26 0000082425 20. 72 ====================== TOTAL: 1,092.08 0000082371 361.39 0000082371 361.38 ====================== TOTAL: 722. 77 0000082437 648.00 ====================== TOTAL: 0000082432 0000082432 0000082432 648.00 4.08 322.22 8.80 ====================== TOTAL: 335.10 MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES GLOVES GLOVES HOOPSTERTOTS & SOCCERTOTS 0000082380 36.19 MAINT. CYLINDER RENTAL TOTAL: 36.19 0000082321 2,627.50 SODIUM HYPOCHLORITE DATE 9/21/17 TIME 17:32:36 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 EE T ING 0 F 09/26/2017 Expenditure Account PAGE 11 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= OASIS AUTO SPA 00004834 OXARC INC 00001412 PAPE MACHINERY 00002656 PENHALLURICKS EXPRESS BUILDING 00006579 PITNEY BOWES GLOBAL FIN SERV 00001508 PROTECT YOUTH SPORTS 00004626 PUD OF GRANT COUNTY 00001501 ====================== TOTAL: 2,627.50 0000082330 607.50 CAR WASHES -AUGUST ====================== TOTAL: 0000082434 0000082434 TOTAL: 0000082331 607.50 596. 25 39.17 635.42 613.17 MISC REPAIR PARTS ====================== TOTAL: 0000082435 0000082357 0000082323 0000082323 TOTAL: 0000082347 613 .17 107.11 MISC SUPPLIES 121.71 MISC SUPPLIES 39.29 MISC SUPPLIES 154.45 MISC SUPPLIES 422.56 1,480.18 LEASE PAYMENT POSTAGE MACHINE ====================== TOTAL: 0000082408 0000082398 1,480.18 8.95 EMPLOYEE BACKGROUND CHECK 119.40 REC. BACKGROUND CHECKS ====================== TOTAL: 128.35 0000082 404 726 .58 ELECTRIC SERVICE 0000082404 20.46 ELECTRIC SERVICE 0000082404 5,745 .47 ELECTRIC SERVICE 0000082404 1,084.55 ELECTRIC SERVICE 0000082404 2,087.44 ELECTRIC SERVICE 0000082404 32 .05 ELECTRIC SERVICE DATE 9/21/17 TIME 17:32:36 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 MEETING 0 F 09/26/2017 Expenditure Account PAGE 12 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= PUD OF GRANT COUNTY 00001501 0000082404 152.52 ELECTRIC SERVICE 0000082404 24.34 ELECTRIC SERVICE 0000082404 1,418.54 ELECTRIC SERVICE 0000082404 238.58 ELECTRIC SERVICE 0000082404 1,056.56 ELECTRIC SERVICE 0000082404 97.40 ELECTRIC SERVICE 0000082404 25.15 ELECTRIC SERVICE 0000082404 1,182.12 ELECTRIC SERVICE 0000082404 196. 32 ELECTRIC SERVICE 0000082404 37,074.37 ELECTRIC SERVICE 0000082404 46,645 .98 ELECTRIC SERVICE 0000082404 13,878.28 ELECTRIC SERVICE 0000082404 95.91 ELECTRIC SERVICE 0000082404 2,427.09 ELECTRIC SERVICE 0000082404 671. 51 ELECTRIC SERVICE 0000082404 1,650.44 ELECTRIC SERVICE 0000082404 1,190.19 ELECTRIC SERVICE ====================== TOTAL: 117,721.85 QCL INC 00006542 0000082342 1,981.72 US DOT ADMIN FEE RENEWAL 0000082342 52.03 US DOT ADMIN FEE RENEWAL ====================== TOTAL: 2,033 .75 QUILL CORPORATION 00004811 0000082366 194. 71 MISC OFFICE SUPPLIES ====================== TOTAL: 194. 71 RANDY LOYD 00005 201 DATE 9/21/17 PAGE 13 TIME 17:32:36 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 E T I N G 0 F 09/26/2017 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000082399 159.95 EMPLOYEE REIMBURSEMENT TOTAL: 159.95 RMUS 00004206 0000082354 3,000.00 EQUIPMENT TOTAL: 3,000.00 SAFE KIDS CHELAN DOUGLAS 00004824 0000082353 50.00 REG / CHILD SEAT SAFETY TECH ====================== TOTAL: 50.00 SAFETY KLEEN CORP 00004265 0000082171 131. 50 RECYCLE OIL FILTERS TOTAL: 131.50 SHERWIN-WILLIAMS 00006229 0000082436 297.02 MISC SUPLIES TOTAL: 297.02 SHIRTBUILDERS INC 00004022 0000082420 350.86 ADULT SPORTS SHIRTS ====================== TOTAL: 350.86 SIRENNET.COM 00007692 0000082326 57.34 MISC SUPPLIES TOTAL: 57.34 SKAUG BROTHERS 00000005 0000082324 660.34 FLOOR TILE/GLUE TOTAL: 660.34 SUPPLYWORKS 00003053 0000082376 637 .06 MISC JANITORIAL SUPPLIES ====================== TOTAL: 637.06 TATUM LAWN CARE 00005928 0000082335 798.47 ABATEMENT CHARGES ====================== TOTAL: 798 .4 7 TIM RICH CONSULTING LLC 00003351 0000082345 450.00 TROUBLESHOOTING-WELL 18 TOTAL: 450.00 TRANSUNION RISK & ALTERNATIVE 00006086 0000082402 50 .00 SUBSCRIPTION FEES TOTAL: 50.00 TROPHIES BY LAKE BOWL 00005415 0000082348 43.16 KEYLESS ENTRY SIGNAGE DATE 9/21/17 TIME 17:32:36 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 CI L M EE T ING 0 F 09/26/2017 Expenditure Account PAGE 14 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= TYCO INC 00004451 U S BANK 00006383 UNITED PARCEL SERVICE 00005456 US BANCORP 00005477 UTIL UNDRGRND LOCATION CENTER 00004598 VALDEZ, RUDY 00007106 ====================== TOTAL: 43.16 0000082336 0000 082336 161.21 AUTOMATIC TRANNY FLUID/OIL 15.82 AUTOMATIC TRANNY FLUID/OIL ====================== TOTAL: 0000082431 0000082431 0000082431 0000082431 0000082431 0000082431 000008243 1 0000082431 TOTAL: 0000082377 0000082377 TOTAL: 0000082367 0000082367 TOTAL: 0000082165 0000082165 0000082165 177. 03 150.00 100.00 150.00 150.00 150.00 150.00 50.00 600.00 1,500.00 103 .20 8.51 111. 71 8,034.55 888.2 5 8,922.80 55.04 55.04 55.04 ====================== TOTAL: 165.12 0000082 413 45.00 ADMIN FEES/BONDS ADMIN FEES/BONDS ADMIN FEES/BONDS ADMIN FEES/BONDS ADMIN FEES/BONDS ADMIN FEES/BONDS ADMIN FEES/BONDS ADMIN FEES/BONDS SERVICE/SHIPPING CHARGES SERVICE/SHIPPING CHARGES 43A LEASE PAYMENT/OCT 43A LEASE PAYMENT/OCT UNDERGROUND UTILITY LOCATES UNDERGROUND UTILITY LOCATES UNDERGROUND UTILITY LOCATES EMPLOYEE REIMBURSEMENT DATE 9/21/17 TIME 17:32:36 C I T Y 0 F M 0 S E S L A K E PAGE 15 XAPPRVD T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN C I L M E ET I NG 0 F 09/26 /2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= VERIZON WIRELESS 00002107 VISTA SERVICE & TOWING 00004604 W S CA A 00006060 WA ST CRIMINAL JUSTICE TRNG 00003831 WEAVER EXTERMINATING SERVICE 00004290 WEINSTEIN BEVERAGE COMPANY 00005990 WESTERN PETERBILT INC 00006802 ====================== TOTAL: 45.00 0000082410 40.01 AIRCARD SERVICE 0000082410 40.01 AIRCARD SERVICE 0000082410 25.56 AIRCARD SERVICE 0000082410 982.17 AIRCARD SERVICE 0000082410 160.06 AIRCARD SERVICE 0000082410 80 .02 AIRCARD SERVICE 0000082410 40.01 AIRCARD SERVICE 0000082410 40.01 AIRCARD SERVICE 0000082410 120.03 AIRCARD SERVICE ====================== TOTAL: 1,527.88 0000082405 550.29 TOWING SERVICES ====================== TOTAL: 550.29 0000082447 270 .00 FALL CONF REGISTRATION FEE ====================== TOTAL: 270.00 0000082390 50.00 TRAINING TOTAL: 0000082372 TOTAL: 0000082416 0000082407 TOTAL: 0000082329 50.00 167.25 RODENT CONTROL-ALDER ST 167.25 1,168.52 MAINTENANCE SUPPLIES 51.75 DRINKING WATER 1,220 .27 49.06 MISC SUPPLIES ====================== TOTAL: 49.06 DATE 9/21/17 TIME 17:32:36 NAME OF VENDOR Department C I T Y 0 F M 0 S E S TABULATION OF CLAIMS C 0 U N C I L M E E T I N G LAKE T 0 B E A P P R 0 V E D 0 F 09/26/2017 Expenditure Account PAGE 16 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= WILBUR ELLIS COMPANY 00002262 0000082400 262.20 MAINT. CHEMICAL SUPPLIES ====================== TOTAL: 262.20 XPRESS BILL PAY -EFT 00006421 0000082340 334.62 CREDIT CARD FEES 0000082340 334.62 CREDIT CARD FEES 0000082340 334.62 CREDIT CARD FEES 0000082340 334.62 CREDIT CARD FEES 0000082340 334.62 CREDIT CARD FEES ====================== TOTAL: 1,673 .10 ZIGGYS #13 00006567 0000082319 431. 75 MAINTENANCE SUPPLIES TOTAL: 431.75 ============================= REPORT TOTAL: 344,934.23 -·---------------- DATE THU, SEP 21, 2017, 5:32 PM TIME 17:32:38 C I T Y 0 F M 0 S E S L A K E TOTALS BY FUND FUND NO 000 103 116 119 286 410 450 452 487 490 493 495 498 517 519 528 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 I NG 0 F 09/26/2017 FUND NAME GENERAL FUND GRANTS AND DONATIONS STREET STREET REPR/RECON 2015 REFUNDING GO BONDS WATER/SEWER 2011 BOND FUND 2004 BOND FUND 2015 GO BONDS REDEMPTION SANITATION STORM WATER AIRPORT AMBULANCE FUND CENTRAL SERVICES EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL AMOUNT 102,645.27 7,834.75 51 ,271.56 58.07 250.00 90, 741.49 300.00 300.00 50.00 1,870.67 3,216.06 904.42 13,835.47 3,221.45 38,714.70 29,720.32 344,934.23 CHANGES TO BE MADE SHOULD BE LISTED BELOW VEND NO. P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTALS PAGE XAPPRVD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 $344,934.23 THIS 26TH DAY OF SEPTEMBER, 2017 * * * * * * * * MAYOR FINANCE DIRECTOR * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary: CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Dir. I Deputy City Manager September 26, 2017 Motion Resolution -Set Date for Public Hearing -Right of Way Vacation Legislative History: September 26, 2017 October 24, 2017 -Public Hearing Motion The City Council should consider a request from Gary Mann & Dan Eilers to vacate a portion of Right-of-Way {ROW}, described as Fig Street and Commercial Street, Lot 2 of Penhallurick Addition, adjacent to parcel #110780000. The Council should set a public hearing to consider the merits of the vacation and ordinance vacating described ROW. Background Gary Mann & Dan Eilers is requesting the vacation of a portion of un-improved and un-used portion of Fig Street and Commercial Street. The subject property once vacated would provide a better entrance to the property for possible future building development. Page 1of2 Fiscal and Policy Implications None Options Option Results • Consider the request to vacate ROW The adjacent lot would have a more defined ___ a_n.d set a public hearing. -----k~ for future development. ---- • Take no action. ROW remains as is and unimproved at this time Staff Recommendation Staff recommends that Council adopt the resolution setting October 24, 2017 as the date for a public hearing to consider the vacation request. Attachments A. Resolution/Legal Description B. Map c. Copy of Request Columbia Northwest Engineer on Behalf of Garry Mann & Dan Eilers 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. 3696 A RESOLUTION INITIATING THE PROCEDURE FOR VACATING RIGHT-OF-WAY DEDICATED FOR THE DEVELOPMENT OF FIG STREET AND COMMERCIAL STREET ADJACENT TO LOT 2, PENHALLURICK ADDITION RECITALS: 1. There exists right-of-way dedicated for Fig Street and Commercial Street adjacent to Lot 2, Penhallurick Addition. 2. RCW 35. 79 provides that a public street may be vacated upon resolution initiated and passed by the legislative authority of the jurisdiction where the street is situated and that such resolution shall fix a time when the petition will be heard and determined and which shall not be more than sixty days nor less than twenty days after the passage of such resolution. RESOLVED: 1. The vacation of the following described public right-of-way shall be initiated: That portion of Commercial Street and Fig Street, dedicated on the Plat of Penhallurick Add ition as per plat recorded under Auditor's file number 190494, in Book 4 of Plats, Page 33 , records of Grant County Washington. That portion of the Right-of-Way of said streets, being ( 1 O') feet in width and adjacent to Lot2, Penhallurick Addition, Moses Lake, Washington Said tract of land contains 2507 square feet, more or less. SUBJECT TO Any Public Utility Easement across the above described parcel. 2. A public hearing and the first reading of a vacation ordinance before the City Council shall be set for October 24 , 2017, and a second reading of a vacation ordinance shall be set for November 14, 2017. Adopted by the City Council on September 26 , 2017. Karen Liebrecht, Mayor ATTEST: Cindy Jenson, Finance Director Legal Description Those portions of Commerce Street and Fig Street, Penhallurick Addition, according to the plat thereof, recorded under Auditor's File number 190494, in Book 4 of Plats, Page 33, records of Grant County Washington, within a portion of Section 14, Township 19 North, Range 28 East, W.M., City of Moses Lake, Washington, described as follows: That portion of the Right-of-Ways of said streets, being 10 feet in width and adjacent to lot 2, Penhallurick Addition, Moses Lake, Washington. RECEIVED COMMUNITY DEVELOPMENT Apr· 1 fi ?flt7 PLANNING t\Nn Bl HLDtf\i\ CITY or.::-MC ........ 8 .1 I l"'»-·'it:""t~ ,.,,·"'--~"":\c ~ Columbia NW Engineering, PS Civil Engineers Land Surveyors Planners 249 North Elder Street Moses lake, WA 98837-1799 Phone (509) 766-1226 Fax (509) 766-6754 August 16, 2017 Billie Munoz Associate Pla1U1er Community Development Department City of Moses Lake, WA RECEIVED COMMUNITY DEVELOPMENT ti llr. 1 ti ?n17 PLANNING Af\D BUl;_DING CITV Cf lvrOSc:s LAKE Subject: Request for Vacation of Right of Way -Gary Mann, Bob Trask & Dan Eilers Dear Billie: Please accept this request for the vacation of a portion of the Rights-of-Ways of Commerce Street and Fig Street, as shown in the attachment labelled Exhibit 'A'. It is our belief, that the un-used and un- developed portions of said streets at the current right-of-way width will not benefit the public or the City of Moses Lake in any way, and the adjacent landowners would be provided with a better building site for future development and/or expansion. Attached to this vacate request (per MLMC 12.44): • Legal Description • Exhibit of the portion of the area to be vacated • $200 processing fee • $400 appraisal deposit We appreciate your assistance with this matter, and look forward to scheduling this vacate request with Moses Lake city council. If you have any questions or require more information, please feel free to contact me. Thank you. Sincerely, Wayne C. Ostler, PLS Survey Manager Attachments as noted. K:\Projects\1-17-l 20_Mann Vacate\Productlon\Survey\Docs\Mann Request ror Right of Way Varalion.doc slg ~ / / / / EXHIBIT 'A' I _,./ ./ I <9~!/J~ 100 0 50 100 r:•:.-.:•:.-.:•=-•' I ( IN FEET ) 1 inch = 100 feet \. OWNER(S): MANN ETAL, GARY D & JANET L TRASK ETAL, ROBERT M & KRISTINE K EILERS ET AL, DANIEL E PARCEL#: 110780000 SITUS: 630 E. BROADWAY AVE MOSES LAKE, WA RECEIVED COMMUNITY DEVELOPMENT Allr. 1 ?n17 PLANNING AND BUILDING CITY OF rvlQSES LAKE To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAf<E CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Fred Snoderly, Municipal Services Director September 26, 2017 PUBLIC HEARING -MOTION Resolution -Declare Certain Personal Property Surplus Legislative History: September 26, 2017 Public Hearing I Motion The City owns certain personal property that was originally acquired for utility purposes and that has been determined by the Municipal Services Director to be no longer required for providing continued public utility service. Background RCW 35.94.040 provides that the City may by City Council resolution, after a public hearing, declare such property surplus and cause such property to be leased, sold, or conveyed or otherwise disposed of. The Moses Lake City Council will hold a public hearing on such surplus property September 26, 2017 and, after considering any and all testimony received, determined to enact this resolution declaring the property surplus and authorizing its sale and/or disposal in a commercially reasonable manner. Page 1of2 Fiscal and Policy Implications Proceeds from the sale will be applied to the fund from which the Municipal Services Director is authorized and directed to sell, convey, or dispose of the property described on Exhibit A in any commercially reasonable manner of his choosing, as long as the City receives in return for each item sold, no less than fair market value. Every sale made pursuant to this resolution shall be on an "as is" basis and shall include an express disclaimer by the City of any and all warranties or liability. The proceeds of each sale shall be applied to the fund from which the disbursements were made in order to originally acquire the property when new. Options Option ~ Results ·-------- • Adopt the resolution and declare items I :~:.~~~s items will be sold and proceeds surplus I returned to original fund. • Do not adopt resolution and do not I Surplus items will remain in Citys possession declare items surplus II and will take up space, but will serve no useful I purpose Staff Recommendation Staff recommend adoption of the resolution, which will allow the surplus material to be disposed in the least costly manner. Attachments I A. I Exhibit A: List of Surplus Property Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Resolution Resolution -Declare Certain Personal Property Surplus Page 2 of 2 RESOLUTION NO. 3697 A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THE MUNICIPAL SERVICES DIRECTOR TO DISPOSE OF THE SURPLUS PROPERTY IN A COMMERCIALLY REASONABLE MANNER Recitals: 1. The City currently owns certain personal property that was originally acquired for utility purposes and that has been determined by the Municipal Services Director to be no longer required for providing continued public utility service. 2. RCW 35.94.040 provides that the City may by City Council resolution, after a public hearing, declare such property surplus and cause such property to be leased, sold, or conveyed or otherwise disposed of. 3. The Moses Lake City Council held a public hearing on such surplus property September 26, 2017 and, after considering any and all testimony received, determined to enact this resolution declaring the property surplus and authorizing its sale and/or disposal in a commercially reasonable manner. Resolved: 1. The items of personal property on the attached Exhibit A, which were originally acquired for utility purposes, are no longer required for providing continued public utility service and are hereby declared to be surplus to the City's needs. 2. The Municipal Services Director is authorized and directed to sell, convey, or dispose of the property described on Exhibit A in any commercially reasonable manner of his choosing, as long as the City receives in return for each item sold, no less than fair market value. Every sale made pursuant to this resolution shall be on an "as is" basis and shall include an express disclaimer by the City of any and all warranties or liability. The proceeds of each sale shall be applied to the fund from which the disbursements were made in order to originally acquire the property when new. ADOPTED by the City Council of the City of Moses Lake, Washington, this 26th day of September, 2017. Karen Liebrecht, Deputy Mayor ATTEST: Cindy Jensen, Finance Director Equipment Requested to Be Surplused -2017 Eq. No. Description VIN No./Serial No. Tag 78 2010 Ford Crown Victoria 2FABP7BVXBX116578 9971 84 2012 Chevrolet Caprice 6G1MKSU24CL644457 10038 86 2012 Chevrolet Cap rice 6G1MKSU24CL647858 10040 88 2012 Chevrolet Caprice 6G1MK5U2XCL644429 10112 96 2013 Chevrolet Caprice 6G1MK5U24DL826242 10129 110 1995 Chevrolet S-10 Extended Cab Pickup 1GCCS19Z6S8232525 8594 118 1995 Chevrolet G-20 Van 1GCEG25HXSF132713 8154 120 1997 Chevrolet S-10 Extended Cab Pickup 1GCCS19XOV8197936 8779 154 1999 GMC Sonoma Extended Cab Pickup 1GTCS19X4X8522476 8827 158 2000 Dodge RAM 2500 Regular Cab Pickup 3B7KC26Z31M275961 8844 206 1984 GMC 7000 Hi Ranger Man Lift Truck 1GDM701G5EV529417 8846 318 1998 Toro 5800 Diesel Mower 30581-80157 8458 Misc Materials Requested to Be Surplused -2017 Division Item Qty Tag No. Notes Street Sharp Printer/Copier Model NX-MSSON 1 R9715 doesn't work Street 50 Gallon Paint Drums with Lids 73 old/unusable Street Power Built Floor Jack 1 broken Street Insight Vision TV Camera 1 replaced Street Storm Grates 22 broken, not usable Water 1" Rotary Hammer 1 801102 motor burned up Water M18 llOV Battery Charges 3 no batteries Water M ilwaukee 4" Grinder 1 B01311 brushes out Water Drill Master 4" Grinder 1 801411 makes a lot of noise Water 1/2" Air Impact 1 B01104 missing parts Water Back & Decker 1/2" Impact 1 missing chain Water Skill Router Table 1 extra got for free Water Misc Concrete Tools obsolete Water 3M Air Purifier 2 R08184/R08183 old Water Air Hose Reel 1 801110 cannot get parts Water 220V Motor (Prior to 2000) 1 old Water Power Driver Valve Operator 1 81026007 too old to maintain Water 5 Gallon Gas Can 1 not safe Water 2 Gallon Gas Can 1 not safe Water 5 Gallon Diesel Can 1 not safe Water Tap Machine {From 1960s) 2 too old Water Hypo Pumps 2 Blue changed out Water Booster Pumps 6 Blue changed out Water Leak Detector 1 R2403 obsolete Water M-Scope 1 R2407 obsolete Water Pipe Locator TR3 1 R2404 obsolete Water PiQe Locator Gold 1 R2405 obsolete Water Sand Pro Drag 1 no machine to pull Water Misc Galvanized Fittings 1 old don't use in water Water Pickup Tool Box Delta Long Lid 1 really old Water Pickup Tool Box Delta Short Doors 1 really old Water Misc Brass Fittings 4 pallets lead in all Water Skill Orbit Scroll Saw obsolete 1of5 Misc Materials Requested to Be Surplused -2017 Division Item Qty Tag Notes Water Wagner Pro Duty Paint Sprayer (old) no parts Water Milwaukee 1/2" High Torque Impact Wrench 1 Blue can't get parts Water Eccentric Pump Metering Chemical Pump 1 Blue converted Over Water Eccentric Pump Metering Chemical Pump 1 Blue converted Over Water Stard Seals Water Pump & Meter (MTH TSlE-BF) 1 B01491 converted Over Water MTH Pump Bluffton Electric Motor & Pump 1 B01609 changed out Water MTH Pump Bluffton Electric Motor & Pump 1 B01610 changed out Water MTH Pump Bluffton Electric Motor & Pump 1 Blue changed out Water Wood Pallets 20-30 have more than we need Water Scrap Aluminum NA Water Scrap Cast Iron Water Scrap Steel Water Sulinst Sounder 1 R3043 old Water AC Pipe Beveler 1 R2410 old Wastewater Chlorine Pails and Lids (used) little or no value Wastewater Tree Containers (used) little or no value Wastewater Cast Metal Rings and Lids (damaged) scrap Wastewater Muffin Monster with Controls 1 non functioning, scrap Wastewater Spiral Auger with Controls 1 non functioning, scrap Wastewater Disconnects/Transfer Switches/Telemetry Parts scrap Wastewater Copper Wire, Obsolete Relays scrap Wastewater Old Auto Samplers 3 non functioning, scrap Wastewater Misc Scrap Iron and Old Conduit scrap Wastewater Old Air Release Valves scrap Bldg Maint Maytag Gas Range Model CHG9800BAE 2 work replaced due to fire codes ER Eq 896 Varda Alarm SN 9-226-23 (Police) 1 Unk alarm is missing ER Eq 917 Varda Alarm SN 3-0884-2A (Police) 1 R1799 ER Eq 915 Varda Alarm SN Ell-0387-2 (Thirsty's) 1 Unk alarm is missing ER Eq 916 Varda Alamr SN El-2088-1 (Alliance) 1 R7032 ER Eq 938 Varda Alarm SN ES-0289-1 (Miller's Jewelry) 1 R7042 alarm is missing ER Eq 981 Varda Alarm SN E9-2189-1 (Lampe) 1 R7037 ER Eq 629 Varda Alarm SN 3-0393-1 (Barney Googles) 1 R7908 alarm is missing ER Eq 983 Varda Alarm SN El2-0689-2 (Sts & Snd) 1 R7040 alarm is missing 2 ofS Misc Materials Requested to Be Surplused -2017 Division Item Qty Tag Notes ER Eq 975 Varda Alarm SN E8-1490-1 (Museum) 1 R7396 ER Eq 979 Varda Alarm SN E9-0690-2 (Superior) 1 R7397 alarm is missing ER Eq 986 Varda Alarm SN E3-0591-1 (Exxon) 1 R7812 ER Eq 611 Varda Alarm SN E2-2692-1 1 R7895 ER Eq 618 Varda Alarm SN 7-0292-2 1 R7867 ER Eq 619 Varda Alarm SN 7-0892-1 1 R7868 ER Eq 623 Varda Alarm SN 10-2792-1 (NC Const) 1 R7869 alarm is missing ER Eq 982 Varda Alarm SN £9-2889-1 (Police) 1 R7038 ER Eq 630 Varda Alarm SN 3-0393-2 (PKF Jewels) 1 R7909 ER Eq 632 Varda Alarm SN 6-0893-1 (City Shop) 1 R7910 ER Eq 681 Varda Alarm SN VMX 5-0495-lA 1 R8447 ER Eq 154 White, 6' Animal Contro l Box ONLY 1 part of R8827 includes heater & fan ER Eq 197 Black, Pickup Box ONLY 1 Chevrolet Pickup Box 6.5' w/ lights ER Eq 550 Lister Diesel Genset Ser No. BC29964FA 1 ER Police Car Seat(l ), Partition(l), Door Panels(2) 1 pallet ER Police Car Seat(l), Partition(l), Door Panels(2), Equip Tray(l) 1 pallet ER Police Car Seat(l), Partition(l), Door Panels(2), Equip Tray(l) 1 pallet ER Police Car Misc Center Consoles 1 pallet ER Police Car Seat(l), Partition(l), Door Panels{2) 1 pallet Pub Wks Electric Stapler Rapid Model 20EX 1 NA does not work, scrap Parks Honda Push Mowers 5 not working Parks Yard Machine Push Mower 1 not working Parks Power Ease Pressure Washers 2 notworking Parks Shindaiwa Power Brooms 2 working not used Parks Titan Field Paint Sprayer 1 not working Parks Whitco Power Washer · 1 not working Parks Porfiteer Pop Corn Machine 1 not working Parks 1000 Honda Generator 1 not working Parks Milwaukee Chop Saws 2 not working Parks Dewalt Chop Saw 1 not working Parks Stihl String Trimmer 1 not working Parks Gemini Pool Vacuums 2 not working Parks SpeedAir Compressor 1 old taken out of service-operational 3 ofS Misc Materials Requested to Be Surplused -2017 Division Item Qty Tag Notes Parks Plotter 1 replaced Parks Display Cabinets, misc sizes 14 used-in good shape Parks Spotrscraft Fooseball Table 1 broken parts-operational Parks V Force Air Hockey Table 1 broken surface-operational Parks Harvard Air Hockey Table 1 broken surface-operational Parks 16' TVs 3 working Parks 20"TV 1 working Parks 24" TVs 4 working Police 14MLE0802 Samsung Galaxy Phone 1 Unclaimed Property Police 14MLE1528 Samsung Galaxy Phone 1 Unclaimed Property Police 14MLE2139 Garmin, door opener, other misc 1 Unclaimed Property Police 1SMLE2670 GPS Unit 1 Unclaimed Property Police 16MLE1209 Alcatel Phone 1 Unclaimed Property Police 16MLE1921 LG Cell Phone 1 Unclaimed Property Police 17MLE0846 lnvicta Watch 1 Civil Seizure Forfeiture Police 17MLE0847 Bulova Watch 1 Civil Seizure Forfeiture Police 17MLE0848 Samsung Tablet 1 Civil Seizure Forfeiture Police 17MLE0849 HTC Cell Phone 1 Civil Seizure Forfeiture Police 17MLE0850 !phone 1 Civil Seizure Forfeiture Police 17MLE0851 Vtech Security System 1 Civil Seizure Forfeiture Police 17MLE0853 Samsung Stereo System 1 Civil Seizure Forfeiture Police 17MLE0854 Sony PS4 1 Civil Seizure Forfeiture Police 17MLE0855 Sony PS3 1 Civil Seizure Forfeiture Police 17MLE0857 Compaq Computer 1 Civil Seizure Forfeiture Police 17MLE0860 Sentry Safe 1 Civil Seizure Forfeiture Police 14MP04545 Homelite Blower 1 Unclaimed Property Police 14MP04548 Dually Pump 1 Unclaimed Property Police 16MP01600 Gun Cleaning Kit 1 Unclaimed Property Police 16MP01645 Rockwell Saw 1 Unclaimed Property Police 16MP01647 Poulan Pro Blower 1 Unclaimed Property Police 16MP03860 Dwalt Drill 1 Unclaimed Property Police 16MP03943 Ryobi Tools 1 Unclaimed Property Police 16MP04439 Milwaukee Grease Gun 1 Unclaimed Property 4of S Misc Materials Requested to Be Surplused -2017 Division Item Qty Tag Notes Police 16MPOS147 Microsoft Xbox 360 1 Unclaimed Property Police 16MPOS149 LG Cell Phone 1 Unclaimed Property Police 16MPOS227 Rockford Speakers 1 Unclaimed Property Police 17MP00427 ZET Phone 1 Unclaimed Property Police 17MP00720 Canon Projector 1 Unclaimed Property Police 17MP00721 Dell Lapton Computer 1 Unclaimed Property Police 17MP00864 HP Laptop Computer 1 Unclaimed Property Police 17MP00934 Apple lphone 1 Unclaimed Property Police 17MP01319 Apple lphone 1 Unclaimed Property Police 17MP01357 Samsung Phone 1 Unclaimed Property Police 17MP01422 Kyocera Phone 1 Unclaimed Property Police 17MP01442 Trading Cards 1 Unclaimed Property Police 17MP01971 Staple Gun 1 Unclaimed Property Fire Ferno Power Cot (stretcher) 1 10332 Obsolete S of 5 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 September 26, 2017 MOTION Request to Surplus Materials, Equipment, and Misc Items Legislative History: I September 26, 2017 I Motion Public Works has prepared lists of materials equipment, and miscellaneous items that serve no further purpose, but which take up space. Some of the items have a resale value and will be disposed of at a public auction. Other items have little or no value, but will cost to dispose; and staff time to dispose or sell these other items may be more costly than the resale value, so we will dispose of them in the least costly way. Fiscal and Policy Implications Surplus equipment has a maintenance fee in licensing and insurance costs. Saleable items will return proceeds to the funds from which they were originally dispersed. Page 1of2 Options ---·-;-··-·--D~c/;;~-the~!f~:;s surp-lu-s--··----+ St-~ff--wiildispos~ Re~f't:he ~ateria~~~d- 1 miscellaneous items listed in the most cost I effective manner. Funds from resale will be I returned to the City. • Don't d~~lare these items surplu~--1·Th;se item~ will conti~~~ to amass ~nd clutter the Public Works facilities. Staff Recommendation Staff recommends Council approve the' City's request for disposal of materials, equipment, and miscellaneous items in the least costly manner. Attachments A. Materials and Miscellaneous Items List B. Equipment List 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 Equipment Requested to Be Surplused • 2017 Eq. No. Description VIN No,/Serial No. Tag 78 2010 Ford Crown Victoria 2FABP7BVXBX116578 9971 84 2012 Chevrolet Caprice 6G1MKSU24CL644457 10038 86 2012 Chevrolet Caprice 6G1MKSU24CL647858 10040 88 2012 Chevrolet Caprice 6G1MK5U2XCL644429 10112 96 2013 Chevrolet Caprice 6G1MK5U24DL826242 10129 110 1995 Chevrolet 5-10 Extended Cab Pickup 1GCCS19Z658232525 8594 118 1995 Chevrolet G-20 Van 1GCEG25HXSF132713 8154 120 1997 Chevrolet S-10 Extended Cab Pickup 1GCCS19XOV8197936 8779 154 1999 GMC Sonoma Extended Cab Pickup 1GTCS19X4X8522476 8827 158 2000 Dodge RAM 2500 Regular Cab Pickup 3B7KC26Z31M275961 8844 206 1984 GMC 7000 Hi Ranger Man Lift Truck 1GDM701G5EV529417 8846 318 1998 Toro 5800 Diesel Mower 30581-80157 8458 .. Misc Materials Requested to Be Surplused -2017 Division Item Qty Tag No. Notes Street Sharp Printer/Copier Model NX-MSSON 1 R9715 doesn't work Street 50 Gallon Paint Drums with Lids 73 old/unusable Street Power Built Floor Jack 1 broken Street Insight Vision TV Camera 1 replaced Street Storm Grates 22 broken, not usable Water 1" Rotary Hammer 1 B01102 motor burned up Water M18 llOV Battery Charges 3 no batteries Water Milwaukee 4" Grinder 1 B01311 brushes out Water Drill Master 4" Grinder 1 B01411 makes a lot of noise Water 1/2" Air Impact 1 B01104 missing parts Water Back & Decker 1/2" Impact 1 missing chain Water Skill Router Table 1 extra got for free Water Misc Concrete Tools obsolete Water 3M Air Purifier 2 R08184/R08183 old Water Air Hose Reel 1 801110 cannot get parts Water 220V Motor (Prior to 2000) 1 old Water Power Driver Valve Operator 1 B1026007 too old to maintain Water 5 Gallon Gas Can 1 not safe Water 2 Gallon Gas Can 1 not safe Water 5 Gallon Diesel Can 1 not safe Water Tap Machine (From 1960s) 2 too old Water Hypo Pumps 2 Blue changed out Water Booster Pumps 6 Blue changed out Water Leak Detector 1 R2403 obsolete Water M-Scope 1 R2407 obsolete Water Pipe Locator TR3 1 R2404 obsolete Water PiQe Locator Gold 1 R2405 obsolete Water Sand Pro Drag 1 no machine to pull Water Misc Galvanized Fittings 1 old don't use in water Water Pickup Tool Box Delta Long Lid 1 really old Water Pickup Tool Box Delta Short Doors 1 really old Water Misc Brass Fittings 4 pallets lead in all Water Skill Orbit Scroll Saw obsolete 1of5 Misc Materials Requested to Be Surplused -2017 Division Item Qty Tag Notes Water Wagner Pro Duty Paint Sprayer (old) no parts Water Milwaukee 1/2" High Torque Impact Wrench 1 Blue can't get parts Water Eccentric Pump Metering Chemical Pump 1 Blue converted Over Water Eccentric Pump Metering Chemical Pump 1 Blue converted Over Water Stard Seals Water Pump & Meter (MTH TSlE-BF) 1 801491 converted Over Water MTH Pump Bluffton Electric Motor & Pump 1 B01609 changed out Water MTH Pump Bluffton Electric Motor & Pump 1 B01610 changed out Water MTH Pump Bluffton Electric Motor & Pump 1 Blue changed out Water Wood Pallets 20-30 have more than we need Water Scrap Aluminum NA Water Scrap Cast Iron Water Scrap Steel Water Sulinst Sounder 1 R3043 old Water AC Pipe Beveler 1 R2410 old Wastewater Chlorine Pails and Lids (used) little or no value Wastewater Tree Containers (used) little or no value Wastewater Cast Metal Rings and Lids (damaged) scrap Wastewater Muffin Monster with Controls 1 non functioning, scrap Wastewater Spiral Auger with Controls 1 non functioning, scrap Wastewater Disconnects/Transfer Switches/Telemetry Parts scrap Wastewater Copper Wire, Obsolete Relays scrap Wastewater Old Auto Samplers 3 non functioning, scrap Wastewater Misc Scrap Iron and Old Conduit scrap Wastewater Old Air Release Valves scrap Bldg Maint Maytag Gas Range Model CHG9800BAE 2 work replaced due to fire codes ER Eq 896 Varda Alarm SN 9-226-23 (Police) 1 Unk alarm is missing ER Eq 917 Varda Alarm SN 3-0884-2A (Police) 1 Rl799 ER Eq 915 Varda Alarm SN Ell-0387-2 (Thirsty's) 1 Unk alarm is missing ER Eq 916 Varda Alamr SN El-2088-1 (Alliance) 1 R7032 ER Eq 938 Varda Alarm SN E8-0289-1 {Miller's Jewelry) 1 R7042 alarm is missing ER Eq 981 Varda Alarm SN E9-2189-1 (Lampe) 1 R7037 ER Eq 629 Varda Alarm SN 3-0393-1 (Barney Googles) 1 R7908 alarm is missing ER Eq 983 Varda Alarm SN E12-0689-2 (Sts & Snd) 1 R7040 alarm is missing 2 of S Misc Materials Requested to Be Surplused -2017 Division Item Qty Tag Notes ER Eq 97S Varda Alarm SN E8-1490-1 (Museum} 1 R7396 ER Eq 979 Varda Alarm SN E9-0690-2 (Superior} 1 R7397 alarm is missing ER Eq 986 Varda Alarm SN E3-0591-1 (Exxon} 1 R7812 ER Eq 611 Varda Alarm SN E2-2692-1 1 R7895 ER Eq 618 Varda Alarm SN 7-0292-2 1 R7867 ER Eq 619 Varda Alarm SN 7-0892-1 1 R7868 ER Eq 623 Varda Alarm SN 10-2792-1 (NC Const} 1 R7869 alarm is missing ER Eq 982 Varda Alarm SN E9-2889-1 (Police) 1 R7038 ER Eq 630 Varda Alarm SN 3-0393-2 (PKF Jewels) 1 R7909 ER Eq 632 Varda Alarm SN 6-0893-1 (City Shop} 1 R7910 ER Eq 681 Varda Alarm SN VMX 5-0495-lA 1 R8447 ER Eq 154 White, 6' Animal Control Box ONLY 1 part of R8827 includes heater & fan ER Eq 197 Black, Pickup Box ONLY 1 Chevrolet Pickup Box 6.5' w/ lights ER Eq 550 Lister Diesel Genset Ser No. BC29964FA 1 ER Police Car Seat(l), Partition(!), Door Panels(2) 1 pallet ER Police Car Seat(l), Partition(!), Door Panels(2), Equip Tray(l} 1 pallet ER Police Car Seat(l), Partition(l), Door Panels(2), Equip Tray(l) 1 pallet ER Police Car Misc Center Consoles 1 pallet ER Police Car Seat(l), Partition(l), Door Panels(2) 1 pallet PubWks Electric Stapler Rapid Model 20EX 1 NA does not work, scrap Parks Honda Push Mowers 5 not working Parks Yard Machine Push Mower 1 not working Parks Power Ease Pressure Washers 2 notworking Parks Shindaiwa Power Brooms 2 working not used Parks Titan Field Paint Sprayer 1 not working Parks Whitco Power Washer 1 not working Parks Porfiteer Pop Corn Machine 1 not working Parks 1000 Honda Generator 1 not working Parks Milwaukee Chop Saws 2 not working Parks Dewalt Chop Saw 1 not working Parks Stihl String Trimmer 1 not working Parks Gemini Pool Vacuums 2 not working Parks SpeedAir Compressor 1 old taken out of service-operational 3 ofS Misc Materials Requested to Be Surplused -2017 Division Item Qty Tag Notes Parks Plotter 1 replaced Parks Display Cabinets, misc sizes 14 used-in good shape Parks Spotrscraft Fooseball Table 1 broken parts-operational Parks V Force Air Hockey Table 1 broken surface-operational Parks Harvard Air Hockey Table 1 broken surface-operational Parks lG'TVs 3 working Parks 20" TV 1 working Parks 24" TVs 4 working Police 14MLE0802 Samsung Galaxy Phone 1 Unclaimed Property Police 14MLE1528 Samsung Galaxy Phone 1 Unclaimed Property Police 14MLE2139 Garmin, door opener, other misc 1 Unclaimed Property Police 1SMLE2670 GPS Unit 1 Unclaimed Property Police 16MLE1209 Alcatel Phone 1 Unclaimed Property Police 16MLE1921 LG Cell Phone 1 Unclaimed Property Police 17MLE0846 lnvicta Watch 1 Civil Seizure Forfeiture Police 17MLE0847 Bulova Watch 1 Civil Seizure Forfeiture Police 17MLE0848 Samsung Tablet 1 Civil Seizure Forfeiture Police 17MLE0849 HTC Cell Phone 1 Civil Seizure Forfeiture Police 17MLE0850 lphone 1 Civil Seizure Forfeiture Police 17MLE0851 Vtech Security System 1 Civil Seizure Forfeiture Police 17MLE0853 Samsung Stereo System 1 Civil Seizure Forfeiture Police 17MLE0854 Sony PS4 1 Civil Seizure Forfeiture Police 17MLE0855 Sony PS3 1 Civil Seizure Forfeiture Police 17MLE0857 Compaq Computer 1 Civil Seizure Forfeiture Police 17MLE0860 Sentry Safe 1 Civil Seizure Forfeiture Police 14MP04545 Homelite Blower 1 Unclaimed Property Police 14MP04548 Dually Pump 1 Unclaimed Property Police 16MP01600 Gun Cleaning Kit 1 Unclaimed Property Police 16MP01645 Rockwell Saw 1 Unclaimed Property Police 16MP01647 Poulan Pro Blower 1 Unclaimed Property Police 16MP03860 Dwalt Drill 1 Unclaimed Property Police 16MP03943 Ryobi Tools 1 Unclaimed Property Police 16MP04439 Milwaukee Grease Gun 1 Unclaimed Property 4of5 Misc Materials Requested to Be Surplused -2017 Division Item Qty Tag Notes Police 16MP05147 Microsoft Xbox 360 1 Unclaimed Property Police 16MP05149 LG Cell Phone 1 Unclaimed Property Police 16MP05227 Rockford Speakers 1 Unclaimed Property Police 17MP00427 ZET Phone 1 Unclaimed Property Police 17MP00720 Canon Projector 1 Unclaimed Property Police 17MP00721 Dell Lapton Computer 1 Unclaimed Property Police 17MP00864 HP Laptop Computer 1 Unclaimed Property Police 17MP00934 Apple lphone 1 Unclaimed Property Police 17MP01319 Apple lphone 1 Unclaimed Property Police 17MP01357 Samsung Phone 1 Unclaimed Property Police 17MP01422 Kyocera Phone 1 Unclaimed Property Police 17MP01442 Trading Cards 1 Unclaimed Property Police 17MP01971 Staple Gun 1 Unclaimed Property Fire Ferne Power Cot (stretcher) 1 10332 Obsolete 5 of 5 To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Comm. Dev. Dir./Deputy City Manager September 26, 2017 Motion Colville Fuels, LLC-Request Legislative History: September 26, 2017 Motion Attached is a letter from Chris O'Neil, Colville Fuels, LLC requesting authorization to place a sign within city right-of-way. The placement of signs and or any encroachments within city right-of-way must be considered and approved by the City Council. Staff is not authorized to approve these types of requests. This matter came before the City Council at their last regular meeting and was tabled due to a schedule conflict with Colville Fuels representatives. The Council will need to remove the matter from the table prior to any considerations of the subject request. Background The Colville Fuels, LLC C-Store was developed under the authority of the US Dept of Interior as Tribal Trust land. As part of that development, the project was exempt from review and approval of the City of Moses Lake. One aspect of the project included landscaping. At the completion of the project it was found that a large landscape stone had been placed with city right-of-way. The stone also has a sign attached with the C-Store name and is placed at the first entryway. Page 1of2 Fiscal and Policy Implications N/A Options Option I Results • Consider the request and authorize j The existing rock/sign is allowed to remain at staff to enter into a license agreement I its current location. I with Colville Fuels, LLC for the ! placement of the rock/sign within city I right-of-way. ' • T~ke no action. -·-------·----·--!-Staff will n.otffy Colville Fuels, LLC of the I unauthorized encroachment and request I removal. I Staff Recommendation The City Council should consider the request and provide direction to staff on how they wish to proceed with the request. Attachments I A. I Colville Fuels, LLC Letter 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 21, 2017 Attn: Gil Alvarado City of Moses Lake 401 South Balsam PO Box 1579 Moses Lake, WA 98837 RE: Right-of-Way Request Dear Mr. Alvarado: ----------------------- We have recently been in communication about the sign/rock at the entrance of the Half Sun Travel Plaza, and the option of requesting permission from the Moses Lake City Council to allow its continued placement within the City of Moses Lake right-of-way. In furtherance of our discussion, I would like to request that the City Council allow the Half Sun Travel Plaza to leave the sign/rock at its present location. Should you have any questions or require more information, feel free to contact me directly at (509) 322-1881. Respectfully, Chris O'Neil I Chief Operating Officer Colville Fuels LLC PO BOX 140, Nespelem WA 99155 (509) 634-3210 c.oneil@ctfc.biz 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 Katherine Kenison, City Attorney September 26, 2017 Motion Ordinance -Amend MLMC 1.20 Civil Code Enforcement Legislative History: I September 12, 2017 I September 26, 2017 Motion Council has previously considered amendments to the civil code enforcement provisions (MLMC Chapter 1.20) and corresponding penalties (MLMC Chapter 1.08). On September 12, 2017, draft amendments to Chapter 1.20 with comments which provide a brief explanation of the changes was presented to Council. Background Council has had several discussions regarding its code enforcement process, enforcement priorities, penalties, and repeat offenders. Staff believes that the current practice of pursuing enforcement through administrative enforcement (notice of violation and order to correct) has been successful in addressing some code violations but has not been successful in other situations where a citation (ticket) might be more appropriate. The proposed ordinance amendments provide clarification to the enforcement process and include a graduated penalty schedule for repeat offenders. The amendments will provide staff with an alternate approach to addressing Page 1of2 some of the code violations by establishing fixed penalty amounts for the issuance of citations which may not be waived, suspended, deferred, and/or reduced by the judge. Fiscal and Policy Implications More efficient use of staff time and resources in code enforcement and the potential for more effective enforcement and voluntary compliance. Options • Option Approve the amendments without additional changes • Take no action. Staff Recommendation I Results with or I Staff will imple-ment .i h-e--ne-w--c-iv-il-co_d_e. I enforcement provisions. Staff will continue to process civil code violations as it has in the past. Staff recommends Council adopt the ordinance as presented. Attachments A. Ordinance No. 2870 MLMC Chapter 1.08-Penalties Legal Review The following documents are attached and subject to legal review: Type of Document ntle of Document Date Reviewed by Legal Counsel • Ordinance An Ordinance Amending Chapter August 29, 2017 1.20 of the Moses Lake Municipal Code Titled "Civi l Code Enforcemenf' Page 2 of 2 ORDINANCE NO. 2870 AN ORDINANCE AMENDING CHAPTER 1.20 OF THE MOSES LAKE MUNICIPAL CODE TITLED "CIVIL CODE ENFORCEMENT" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 1.20.030 of the Moses Lake Municipal Code titled "Declaration of Public Nuisance" is amended as follows: 1.20.030 Declaration of Public Nuisance. All civil code violations are determined to be detrimental to the public health, safety, and environment, and are declared to be public nuisances. All conditions determined to be civil code violations shall be subject to and enforced pursuant to the provisions of this chapter, except where specifically excluded by law or regulation. Any person who causes, aids or abets a civil code violation pursuant to this title by any act of commission or omission shall be deemed to have committed a civil violation subject to the following penalties, unless specific penalties are provided by any section of this Code: A. First violation within any 12 month period C-12 B. Second violation within any 12 month period C-6 C. Third or subsequent violation(s) within any 12 month period C-1 All penalties shall be subject to and shall include any state mandated additional fees, including the public safety education assessments pursuant to RCW 3.62.090, as now enacted or hereafter amended. Section 2. Section 1.20.120 of the Moses Lake Municipal Code titled "Administrative Notice and Order - Appeal" is amended as follows: 1.20.120 Administrative Notice and Order -Administrative Appeal: A. Any Notice of Violation and Order to Correct or Cease Activity issued by the Code Enforcement Officer shall be appealable to the Community Development Director or designee. Any dispute as to whether or not a violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued has been resolved so as to comply with the underlying city standard shall be appealable to the Community Development Director or designee so long as such appeal is filed before the penalty sum has reached five thousand dollars ($5,000). B. How to Appeal. A person to whom a notice and order is issued pursuant to this chapter may appeal to the Community Development Director by submitting to him or her a written request within fourteen ( 14) calendar days from the date of service of the Notice of Violation and Order to Correct or Cease Activity. The written appeal notice must contain at a minimum the following information: 1. A brief statement of what is being appealed; 2. A statement of the relief sought and the reasons why the city official's determination should be reversed, modified or set aside; 3. The property owner's or violator's current address; 4. Identification of any witness testimony, photographs, or documentary evidence to be presented; and 5. A statement or verification under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal, pursuant to RCW 9A. 72.085. C. Appeal Hearing. The Community Development Director, or his or her designee if he or she is unavailable, shall conduct the appeal hearing within seven (7) calendar days after receipt of the written notice requesting the initial appeal hearing. The Community Development Director or designee shall apply the evidentiary standard of a preponderance of the evidence and shall issue a written determination affirming, modifying, or rescinding the city official's determination. A copy of his or her decision shall be provided to the property owner or violator requesting the initial appeal hearing by mailing to the address provided in subsection (8)(3) above. D. Effect of Appeal. The timely filing of an appeal pursuant to this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal. E. Effect of Failure to Appeal. The violation shall be deemed committed, the notice and order shall become the final administrative order, and the monetary penalties assessed shall be immediately due and subject to collection if (a) no appeal is timely filed within the time limits set forth above after the notice and order was issued, or {b) an appeal was timely filed, but the appellant or his or her representative failed to appear at the hearing. Section 3. A new Section 1.20.125 of the Moses Lake Municipal Code titled "Administrative Notice and Order -Hearing Examiner Appeal" is adopted as follows: 1.20.125 Administrative Notice and Order -Hearing Examiner Appeal A. Any Notice of Violation and Order to Correct or Cease Activity issued by the Code Enforcement Officer and affirmed or modified by the Community Development Director or designee or decision of the Community Development Director or designee regarding compliance with any Notice of Violation and Order to Correct or Cease Activity shall be appealable to the Hearing Examiner by filing a written notice of appeal with the City Clerk within fourteen (14) calendar days after the date of mailing of the Community Development Director's or designee's written decision. The appeal must be accompanied by a filing fee in the amount established by the City's fee resolution, which is refundable if the appellant prevails on the appeal. B. Effect of Appeal. The timely filing of an appeal pursuant to this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the Hearing Examiner may impose a daily monetary penalty from the date of service of the notice and order if he or she finds that the appeal is frivolous or intended solely to delay compliance. C. Effect of Failure to Appeal. The violation shall be deemed committed, the notice and order shall become the final administrative order, and the monetary penalties assessed shall be immediately due and subject to collection if (a) no appeal is timely filed within the time limits set forth above after the notice and order was issued, or {b) an appeal was timely filed , but the appellant or his or her representative failed to appear at the hearing. Section 4. Section 1.20.130 of the Moses Lake Municipal Code titled "Administrative Notice and Order - Appeal -Hearing" is amended as follows: 1.20.130 Administrative Notice and Order -Appeal -Hearing Examiner Hearing: A. Date of Hearing. Within ten (10) days of the Clerk's receipt of the appeal, the Hearing Examiner shall set a public hearing for a date within forty-five (45) days of the Clerk's receipt of the appeal, unless a longer period is agreed to between the parties. B. Notice of Hearing. The Clerk shall cause a notice of the appeal hearing to be posted on the property that is the subject of the notice and order, and mailed to the appellant and the complainant, if not anonymous, at least ten (1 O) calendar days before the hearing. The notice shall contain the following: 1. The file number and a brief description of the matter being appealed; 2. A statement of the scope of the appeal, including a summary of the errors alleged and the findings and/or legal conclusions disputed in the appeal; 3. The date, time and place of the public hearing on the appeal; 4. A statement of who may participate in the appeal; and 5. A statement of how to participate in the appeal. C. Conduct of Hearing. The Hearing Examiner shall conduct the hearing on the appeal pursuant to Chapter 18.80 MLMC and the rules of procedure of the Hearing Examiner. Section 5. Section 1.20.140 of the Moses Lake Mun icipal Code titled "Administrative Notice and Order - Appeal -Decision" is amended as follows : 1.20.140 Administrative Notice and Order -Appeal -Hearing Examiner Decision: A. The Hearing Examiner shall determine whether the City has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable and shall affirm, vacate, or modify the City's decisions regarding the alleged violation and/or the required corrective action, with or without written conditions. B. The Hearing Examiner shall issue an order to the person responsible for the violation which contains the following information: 1. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision; 2. The required corrective action; 3. The date by which the correction must be completed; 4. The monetary penalties assessed based on the provisions of this chapter; 5. The date after which the City may proceed with abatement of the unlawful condition if the required correction is not completed. C. Assessment of Monetary Penalty. Monetary penalties assessed by the Hearing Examiner shall be in accordance with the monetary penalty schedule in MLMC 1.20.110(6). D. Abatement. Where action to abate the violation is required, the hearing examiner shall give substantial weight to the City's determination regarding the nature of any such action required, and whether such action has been satisfactorily performed. E. Notice of Decision. The hearing examiner shall mail a copy of the decision, including findings of fact, conclusions, and order, to the applicable department director within fourteen (14) working days of the hearing. The City shall forward a copy of the decision to the appellant no later than two (2) working days after its receipt of the decision. F. Judicial Review. Judicial review of a decision by the Hearing Examiner may be sought by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the Land Use Petition Act, Chapter 36.70C RCW, if applicable, or other applicable authority, if any, if the petition or complaint seeking review is filed and served on all parties within twenty-one (21) days of the date of the decision. For purposes of this section, "aggrieved or adversely affected" shall have the meaning set forth in RCW 36. 70C.060 (2). G. Effect of Decision. If judicial review is not obtained, the decision of the Hearing Examiner shall constitute the final decision of the City, and the failure to comply with the decision of the Hearing Examiner shall constitute a civil violation punishable by a fine of not more than five thousand dollars ($5,000). In addition to civil penalties pursuant to this subsection, the City may pursue collection and abatement as provided in this chapter. Section 6. 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 September 26, 2017. Karen Liebrecht, Mayor ATTEST: Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney 1.08.030 Penalties for Cjvil Violations -Designated: The following specific, non-deferrable, nonsuspendable civil penalties may be adopted by categorical reference in other sections of this code as a specific civil penalty to be imposed for a civil violation of the sections specified: Category Penalty PSEA Total C-1 Not less than $1,000 $1,050 $2,050 C-2 Not less than $800 $840 $1 ,640 C-3 Not less than $600 $630 $1 ,230 C-4 No t less than $500 $525 $1,025 C-5 Not less than $400 $420 $820 C-6 Not less than $360 $378 $738 C-7 Not less than $200 $210 $410 C-8 Not less than $180 $189 $369 C-9 Not Jess than $170 $178.50 $348.50 C-10 Not less than $160 $168 $328 C-11 Not less than $140 $147 $287 C-12 Not less than $120 $126 $246 C-13 Not Jess than $100 $105 $205 C-14 Not less than $80 $84 $164 C-15 Not less than $70 $73.50 $143.50 C-16 Not less than $60 $63 $123 C-17 Not less than $50 $52.50 $102.50 C-18 Not Jess than $40 $42 $82.00 C-19 Not less than $30 $31 .50 $61.50 C-20 Not less than $25 $26.25 $51.25 C-21 Not less than $20 $21 $41 To: From: Date: CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Katherine Kenison, City Attorney September 26, 2017 Proceeding Type: Motion Subject: Ordinance -Amend MLMC 8.52.050 Vehicle Repair -Residential Legislative History: • First Presentation: September 12, 2017 September 26, 2017 Motion • Second presentation: • Action: Staff Report Summary City ordinance prohibits vehicle and equipment repair on residential premises unless the vehicle/equipment is owned by an occupant or occupant's family member and then subject to the following restrictions: 1. Work on inoperable vehicles is limited to 1 vehicle at a time; 2. Work must occur within an enclosed structure or area screened from public view unless it is minor work and is done on a driveway or improved parking surface; 3. Work must be done between 7 a.m. and 10 p.m.; 4. No work shall occur in a public right of way; 5. Storage of parts/supplies must be in enclosed area or screened from public view; 6. No work may create a nuisance; 7. Work site must be cleaned up and waste properly disposed of. Page 1 of2 Background This is a fairly common code violation and staff has encountered difficulty enforcing this code provision in municipal court. The municipal court judges have struggled with determining what constitutes "minor" work under section C of this ordinance. The amendment clarifies what constitutes "minor" work in an objective manner by defining it based upon time rather than the type of work. Under the amended code, "minor" work would be any work completed within 48 hours. Fiscal and Policy Implications No fiscal implications; policy clarification only. Options • Option I Results Approve the amendment I Code enforcement for this violation would be • Take no action. Staff Recommendation ·---------·-I more efficient and successful ------------ 1 Municipal court enforcement of this code provision would continue to be challenging Staff recommends Council adopting amended ordinance as presented. Attachments I A. I Ordinance No. 2871 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance An Ordinance Amending Section August 29, 2017 8.52.050 titled "Vehicle and Equipment Repair on Residential Premises" of the Moses Lake Municipal Code titled "Residential Vehicle Storage" Page 2 of2 ORDINANCE NO. 2871 AN ORDINANCE AMENDING SECTION 8.52.050 TITLED "VEHICLE AND EQUIPMENT REPAIR ON RESIDENTIAL PREMISES" OF CHAPTER 8.52 OF THE MOSES LAKE MUNICIPAL CODE TITLED "RESIDENTIAL VEHICLE STORAGE" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Section 8.52.050 of the Moses Lake Municipal Code titled "Residential Vehicle Storage" is amended as follows: 8.52.050 Vehicle and Eauioment Repair on Residential Premises: All servicing, repamng, assembling, wrecking, modifying, restoring, or otherwise working on any vehicle on any residential premises shall be subject to the following terms: A. Work shall be limited to the repair and maintenance of vehicles, equipment, or other conveyance currently registered as specified in the Washington Vehicle Code to the occupant or a member of the occupant's family. This limitation precludes auto repair on residential premises by any commercial entity. B. Work on inoperable vehicles shall be limited to no more than one (1) vehicle at any one time. C. Work shall only take place within an enclosed structure or in an area screened from public view, except that minor servicing, repairing, or otherwise working on a vehicle may be performed outside an enclosed structure or in an area screened from public view so long as the vehicle is parked on a designated driveway or improved parking surface and the service, repair, or work is completed within forty-eight (48) hours. D. Work shall take place only after the hour of seven (7) a.m. and before the hour of ten (10) p.m. E. Work shall not take place in a public right-of-way. F. Parts, equipment, or other supplies shall be kept within an enclosed structure or in an area that is screened from public view and shall be kept in a manner that is not a violation of MLMC Chapter 8.14. G. No work or condition shall create a nuisance as defined in MLMC Chapter 8.14. H. Upon completion of all work allowed by this section, the owner shall clean the property of all debris, oil, grease, gasoline, cloths, rags, equipment, and material used in the work and shall leave the property in such a condition that no hazard to persons or property remain. I. The owner shall dispose of all waste products in accordance with Chapter 19.114 RCW. 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 September 26, 2017. Karen Liebrecht, Mayor ATTEST: Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney To: From: Date: Proceeding Type: Subject: • First Presentation: CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Fred Snoderly, Municipal Services Director September 26, 2017 Motion Resolution -Amend the 2018-2023 Six-Year Transportation Improvement Program Legislative History: • 2nd Presentation/Public Hearing August 22, 2017 September 12, 2017 September 26, 2017 Motion • 3rd Presentation • Action Staff Report Summary Attached is a resolution to adopt the 2018-2023 Six Year Transportation Improvement Program. Background The City is required to amend the Six Year Transportation Improvement Program each year. The Six Year 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 Results • Approve the resolution to adopt the Six I The city will be in compliance ~ith state law Year TIP and the projects will be eligible for state and federal funding. ·------------·-·-·-·-----·-·----···----·----·1--·---·-------------·----- • Take no action. I The City will be out of compliance with state 1 iaw. I Staff Recommendation Staff recommends Council approve the attached resolution that adopts the 2018-2023 Six Year TIP. Attachments A. Resolution No. Proposed Six Year Transportation Improvement Program Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by legal Counsel • None Page 2 of 2 RESOLUTION NO. 3698 A RESOLUTION TO AMEND RESOLUTION 3625 TRANSPORTATION IMPROVEMENT PROGRAM FOR 2018-2023 Recitals: 1. Pursuant to the requirements ofRCW 35.77.010 laws of the State of Washington, the City of Moses Lake has presented an amended Six Year Transportation Improvement Program for the ensuing six calendar years, 2018-2023. 2. Pursuant further to said law, the City Council of the City of Moses Lake, being the legislative body of said city, did hold a public hearing on said Transportation Improvement Program at 7:00 p.m. in the Civic Center Council Chambers September 12, 2017. Resolved: 1. The City Council of the City of Moses Lake adopts the amended Six Year Transportation Improvement Program for the ensuing six calendar years, 2018-2023. 2. A copy of said amended Six Year Transportation Improvement Program for the ensuing six calendar years, 2018-2023, together with a copy of this resolution shall be filled with the Director of Highways of the State of Washington. Adopted by the City Council on September 26, 2017. Karen Liebrecht, Mayor ATTEST: Cindy Jensen, Finance Director ...... =r-w-hl,..tonSllrte "" Dep#t-l of Tht<\sporlatlon Agency. Mose~ Lake County: Gfttnl MPOIRTPO· Quad.CO RTPO ,, s ]: A. PINIProject No. .,, c C Project Title :> :z: n c 0 Road Namo or Number ~g'-3 E. Begin & End Termini .. " CT .. " !! F. Project Ot-script1on .. - 16 1 Crack Seal Ch1p/Sluf!Y Seal to Y lsuode Perfonn rn.o1ntenance on various s1ree\S tnroughout llle c ·1y funding Statu!i I Phase j Phase Start Year (YYYY) j Federal Fund Code p I ALL I 2018 I Totals Expendrturc Schedule Phase 1st 2nd All 9()0 900 Totals 900 900 Report Dale September 07, 2017 B. STIP ID G Structure ID Wl\-04668 Six Year Transportation Improvement Program From 2018 to 2023 \J OJ:slde m 3 " 5. .,, 0 ;.. il "' < g -1 " ;.. l> "' .. 3 ~ 3 0 3 ~ "' l> "' c .. -< " :c ::!: " g. " E . .. 0. 0. -() r D 0 .. .. .,, 3 = .... 0 " .... c " ;;; .. :z: '< a. cc < a " 0 .,, .. .,, cc 0. .. ., -.. a. 09112117 05 C G OPS t.io TW .. ·- Federal Funds State Fund Code State Funds Local Funds Total Funds 0 0 5400 5.400 0 0 5,400 5,4l>O 3rd 4th 5th & 6th 900 900 900 900 900 900 .. Page 1 ..-. ~ W&ahington Stato O.pwt"*'1 ot Tran~tlon Agency t.losc• Lake County· Grant MPOIRTPO: Quad.Co RTPO "!? ~· A. PIN/Project No .,, ~ c C. Project Title " z 0 c 0 Road Numo or Number n : 3 Er 0 E. Begin & End T crmln< O' "" ~ F Project Description (.'t ~ 17 2 L:ll<csllorc ROCOl\Strucl•cn Wanapum o._ to POfMlCr Street R~ruct lak~~hofe Ouite Funding Status I Phase I Phase Start Year (YYYY) I p I ALL I 2018 I Expenditure Schudulc Ph••• 1st fill 1,700 Totals 1,700 Report Date· September 07, 2017 Y lrslde Federal Fund Code Totals 2nd 0 0 8. STIP ID G Structure 10 WA-04669 Six Year Transportation Improvement Program From 2018 to 2023 N Ou".s:de m 3 " < "' ~ 0 .. 0 " "' < § -1 > .. .. 0 3 ~ 3 0 3 ~ " > .. c .. ~ " "' ::i:: " " ~ " ,, a. a. 0 ~ () r-Jl <» 0 3 " 0 0 -1 ~· .., " 5' ;; 0 z '< "-~ '< :. ? "' 0 'O • "' a. "' ~ "' a. 09112/17 03 C G OPS CE Ye• TW Federal Funds State Fund Code State Funds Local Funds Total Funds 0 TIS 1100 600 '700 0 1,100 600 1,700 3rd 4th 5th & 6th 0 0 0 0 0 0 Page 2 ..-.. w W~onState DopartmClftl of Trw>:;pon.tion Agency· W«.cs LaJre County Ciani MPO/RTPO· 0uao Co R-PO ~ ii A PIN/Project No. .., ~ c: C Project Trtle " z 0 c: 0. Road N~uno o,. Number o= 3 -o E. Bcgm & End T orm1nl ~ :s C" ~ F Proiect Descnptlon "~ 00 3 ADA Ram? Rcconstruclton VaroU!t to y !"•ode Roamswc:ior. of V3lious sidewalk aCCGSs locatlO!lS to m•e! e<mcnt A:JA Sl<lnoa:ds ----·-Funding B. STIP ID G Structur" ID WA 10751 Six Year Transportation Improvement Program From 2018 to 2023 N Ou".sode !Tl 3 " 5. ,, 0 " a .. < ~ -< " ::0 )> .. " 3 :;: ~ 0 3 ~ "' c ~ " ::0 )> .. ::r " " " .. 0 c. c. 0 ::j 0 ,... .D .. 0 3 " 0 " ~ c: "" " 5" ;; 0 z '< c. "' '< ~ a !' ,, C> :; ,, "' c. <> .. .. a. 09/t2117 06 CGOPS No TW Status I Phase I Phase Start Year (YYYY) I federal Fund Code Federal Funds State Fund Code St-dte Funds Local Funds Total Funds p I ALL I 2018 I 0 0 100 10() Totals 0 0 100 100 Expend1turo Schedule Phase 1st 2nd 3rd 4th 5th & 6th All 100 100 100 100 200 Torals 100 100 100 100 200 ------ Report Date· September 07, 2017 Page3 ..-.. ig Wa1'hin1Jton St.to Popartmc<'lt ol T~tlon Agency· Moses La~e County Crnf'I M?O/RTPO. OUlld.C.0 RPO ,, "· 0 " A PIN/Project No. .., :<: c C. Project ntle " z <> c 0 Road Name or Number o= 3 -o E Begin & End Tormtnl "" er .. " ~ F Project Description .. - '9 4 I ar1o. Street K,cfor Orne to Pioneer Way Construct new streeL curt>, gutter ond sidewalk Funding Status I Phase I Phase Start Year (YYYY) I p I AU I 2019 I Expenditure Schodule Phase 1st ALL 500 Totals 500 Report Date: Septeriber 07, 2017 v ll'\5Ge Federal Fund Code Totals 2nd 0 0 B. STIP 10 G Structure ID WA--04-072 Six Year Transportation Improvement Program From 2018 to 2023 N Oc1s>de "' 3 " :S . .,, 0 "' 0 .. < c -< " "' )> ., .. ~ 3 ::e 3 0 3 .. )> .. CO" "' :<: ~ "' :z: " 0 .. a. c. 0 ~ () r .I> ~ 0 3 " -< 0 .. ~ " 't> '< c. " ~ 3· ;-0 z "' ~ 0 .,, "' :; l> "' a. .. .. .. 0. 09112Ji7 01 CG OPS No 1W Federal Funds State Fund Code State Funds local Funds Total Funds 0 0 500 500 0 0 500 500 3rd 4th 5th &6th 0 0 0 0 0 0 Page4 ..... ;r.: W3shln9'ton Slllt«t T/I O.partmcnl of lnlnaportatlon Agency· Mo""s Lake County· Gmrrt MPO/RTPO· Ou<!d-Co RTPO -a ~· A_ PIN/Projoct No .,, ~ c C Project TIUe " z 0 D Road Name 0< NumbQr o:= c og 3 E. Begrn & EndTcmuru c =~ ~ F Pro1ect Ottcrlptlon 06 5 Longview Stroct f, Kinder Road to C.Jrt> gutter S10ewali< ~ Funding Status I Phase I Phase Start Year (YYYY) I p I ALL I 2019 I Expenditure Schedule Ph••• 1st ALL 500 Totals 500 Report Date· September 07, 2017 Y lnsdc federal Fund Code Totals 2nd 500 500 B. STIP ID G Structure ID WA-05447 Six Year Transportation Improvement Program From 2018 to 2023 N 0.J1Sicle m 3 " < .,, ~-,, a "' < c -< " ,, )> .. 3 0 3 ~ 3 0 ., s: ~ " )> .. 0 -< ~ :i: a. " o· " ,-" .. 0 a. ~ 0 "' -.0 .. .,, 3 " 0 " -< :. :; 0 z '< Q. "' '< 0 .. ::?. ? .,, .. " " "' a. .. .. 0 0. 09/12117 04 C GOPS No TW Fedoral Funds State Fund Code State Funds Local Funds Total Funds 0 0 1.000 1.000 0 0 1.000 1.000 3rd •th 5th & 6th 0 0 0 0 0 0 Page 5 ...... ~ Washin!li:Oll Stst• Department ol Tr_,~,Uon Agency: ""°""5 Lake County· Gran\ MPO/RTPO· 0uao-Co RTPO .,, Q A PIN/Project No. .,, ~-c C. Project Tttle " 7 0 0 Road Name or Number c 0"' 3 -o E. Begin & End T erm1ni ""' "' :; ~ ~ F Project Oescnpt1on 09 6 V"ll n'<l S:iee: & lut> Stree• 10 V1rgml<1 & Lula StrC()IS raconS1'\lchon Funding Status I Phase I Phase Start Year (YYYY) I p I All I 20?0 I Expenditure Schedule Phase 1st Al l. 0 Totals 0 Report Date· September 07. 2017 Y ll\$JdO Federal Fund Code Totals 2nd 600 600 B STIP ID G. Structure ID WA-05457 Six Year Transportation Improvement Program From 2018 to 2023 N Ou:sldc "' 3 ~ ,, ~ 0 0 .. < ~ ... " ,, l> .. "' 3 :E 3 0 3 € .. c ~ " ,, l> Q Q :r 0. " ii' " r ~ 0 .. 0. ::; 0 D .. 0 3 " 0 .. ... c .., " :!. ;;; "' z '< a. "' '< ~ " ~ ~ .., .. :f .., "' Q. " .. .. 0. 09/12117 01 CGO P S No TW Federal Funds Sl3to Fund Code State Funds Local Funds Total funds 0 0 600 600 0 0 600 600 3rd 4th 5th &6ttl 0 0 0 0 0 0 - f'age6 ~ ;r.: W~St.ate •/I O.j:Mlttmcnt ol Tr...,$p<>rlation Agency: W.oscs Lake County: Grant MPOIRTPO: Cll.<1<1-Co R TPO :: Q A. PIN/Project No .,, q: c C. ProJe<:t Title " z " c O Ro:ad Name or Number ~~ 3 E. Beg•n & End T crminl (T = §. !l F Project Description 00 7 Actw~y T ra~ · Pioneur Meadows Picooc• Way to DIYislon St·cet Y ln•"1e Cor.st:uct en activity trail b<ltwecn Pioneer Way ano D1vis·on S11eet to l"'k 1oge1hor current act.vrty trails Fundtng B. STIP 10 G. Structure ID WA-09071 Six Year Trans portation Improvement Program From 2018 to 2023 N Ovlside "' 3 " ~ ~ ~ 0 0 " "' )> .. < c ..... 3 .. 0 !; 3 0 3 !I " )> .. c .. :.c " "' :l'. " " .. .. " 0. a. 0 0 r ::; .a .. 0 3 " ;<: 0 <> ~ "' ~ a. " '< .. z "' " ~ !" "' .. :;: .,, .. "' Q. .. ., " Q. 09112117 28 CP STW No Status I Phaso I Pnas~ SU!rt Year (YYYY) j Federal Fund Code Federal Funds State fund Code State Funds Local Funds Total Funds p I PE I 2020 I 0 0 ~00 400 Totals 0 0 400 400 Expeodtture Schedule Phasu 1st 2nd 3rd 41h s111 & 6tn ALL 0 400 0 0 0 ToUils 0 400 0 0 0 Report Date September 07, 2017 Pagel ...... yg vta.Hngton State Oo~I of T,...spor1.111-. Agency: Moseo Lake County; Grant MPO/RTPO· Quad-Co RlPO " g A. PINfProjcct No .,, -:< c C. Proiect Trtk! " z n c 0. Road Name or Number o::: 3 ~g E.. Begin & End Termini er ~ F Project Description .. !. 19 8 Block/Penn/5th Avenue Btoc1<1Pen1'15tn A"e/Wheeler Wheeler Rd to Y lrSldt Curt>, ramp al'd stde\'111'1: 1r•tafaron on 1h~u roadways in lh• City. Funding Status I Phase I Phase Start Year (YYYY) j Federal Fund Code p I AlL I 2020 I Totals Expenditure Schedul~ Phase 1st 2nd AIL 0 1,000 Totals 0 1,000 Report Date· September 07, 2017 B STIP ID G. Structure ID WA..0.1705 Six Year Transportation Improvement Program From 2018 to 2023 N Ou:s<le "' 3 ~ 1? a "' 0 .. < c ... " " )> .. .. ~ 3 ::< 3 0 3 .. > .. c .. .:;: " J) :i: " a· " " . .. a. a. -0 :;-.0 " 0 3 "' ... 0 ... :. .., "' ;;; .. z ~ a. ., "' ;o ~ ;! ? 0 :; .., a. .. " . a. 09112117 01 CGOPS 0400 No TW ·•·· - Federal Funds State Fund Code State Funds Local Funds Total Funds 0 0 1,000 1,000 0 0 1,000 1,0()0 3rd 4th 5th & 6th 0 () 0 0 0 0 Pages ..-. w \ltas~on st.to lleinrtmcnt of Tl'an$Cl<Wt.-tlon Agency: Moses lake County: Grant MPO/RTPO: Quad-Co RT"O '.!' 0 " A. PIN/Project No .,, -< c C. Project Tiiie " z n c 0. Road Name or Number 0 =. 3 E. Begm & End T errruf\1 -o : ~ a .... ~ F. Project Description 17 9 3rd Avenuo Rcccnstnict10n 3rd A""""" B<:lsarn Stroot to Ce-dar Street ~eoonstnict street -Funding Status I Phaso I Phase Start Year (YYYY) I p I All I 2021 I Expenditure Schedule Phase 1st ALL 0 Totals 0 Report Date. September 07. 2017 Y Inside Federal Fund Code Totals 2nd 0 0 B. STIP ID G. Structure 10 WA-04699 -- Six Year Transportation Improvement Program From 2018 to 2023 N Ou:Slde "' 3 " < "O a ~ <l < c -t " ;;o )> .. 0 3 :E 3 0 3 .. s !I )> " c ~ :> ;;o :r = :> .. "' c Q. Q. 0 -0 r --"' .. 0 " 0 c "O 3 .... 0 " -t .. 2. "< a. "' "< 5" ;; .., e .., c "' a. ;?. 0 .. .. " .. Q. 09112/17 03 CGOPS No TW --- Federal Funds State Fund Code State Funds Local Funds Total Funds 0 0 1,200 1 200 0 0 1.200 1.200 3rd 4th Sth & 6th 1,700 0 0 1.200 0 0 Page9 ...... Vi ~on St.rte Dcpwtmenl or T'ranspon.tion Agency: t-1.asas lake County· Grant MPO/RTPO Ouad-Co RTPO ~ ~ A. PIN/Project No. ? q C Pro1ect Tiiie 0 z 0 Road Name or NumtM?r o:=: c -o 3 E.. Begin & End Termini .. " CT "., ~ F. Project Description "' - 07 10 Wcstt•ko and Hnnson Road R<!coMWcbon WesUa<e Dr & HaMOn Road Fronlag<! Rrod to Wae Valley Road Reconilruct Slreo\ -Funding Status I Pha>c I Phas• Start Year (YYYY) I p I ALL I 2020 I Expenditure Schedule Phase 1st All 0 Totals 0 Report Date September 07. 2017 Y Josee Federol Fund Code Totals 2nd 2,000 2,000 B. STIP ID G Structure ID W/\--05633 Six Year Transportation Improvement Program From 2018 to 2023 " OU:s;Qe m 3 " < ~ "5! a 0 " :;,, < c .... )> " 0 3 ~ ~ 0 3 ~ " )> ~ " .z " :;,, '.J'. 0. " 0 " !;' .. Q Q 0 a. " -0 -.0 . .., 3 -i 0 " -i c :;-; .. z :tj Q. ., '< ::. ~ .. 5' .., .. "' Q. .. .. " 0. 09112/17 04 No -- FBderal Funds Sroto Fund Code State Funds Local Fund.s Total Funds 0 0 2.000 2.000 0 0 2,000 2,000 3rd 4th Sth &Gth 0 0 0 0 0 0 P;ige 10 ...... ::7.: WaahJnvton State Yfl o.partmcnt of Tlwutl!Orlatlon Agency· Moses lA~o County Grani M?O/RTPO Q"3d-UJ RTPO =!' 0 A PIN/Project No. .,, .:;: c C Proioct Title ::I z n c 0. Road Name or Numbor O"'-3 -o E. Begin & End T ermlnl ~::I er ::!. 5! F. Proj~ct Dr.scnptlon 02 11 Wheeler Road :morovements Wheeler Ro:>d SR 17 to Roao N NE Add curb ramp and sidowall< Improvements Funding Status I Phase j Phase Start Year (YYYY) I p I ALL I 2020 I Expenditure Schedule Phaso 1st ALL 0 Totals 0 Report Date· September 07, 2017 Y lns·de Federal Fund Code Totals 2nd 1,000 1,000 B. STIP 10 G Structure 10 WA-05632 Six Year Transportation Improvement Program From 2018 to 2023 N O.r.side m 3 ::I ~ .., 0 :<l a .. < c .... " :<l )> .. 3 0 .. 0 ~ ~ 3 .. > c .. ~ §: ~ :<l ::I ::I 0 .. 0. Q. 0 :; (") r .r. ~ 0 3 " 0 .. :C' c .,, :;j c. " :;-5· .. .. z .. "' .., "" 0. ;;?. 0 .., .. 5' .. 0. 09/12/17 05 CGOPS No TW ----- Federal Funds Stole Fund Code State Funds Locol Funds Total Funds 0 0 1.000 1.000 0 0 1,000 1,000 3rd 4th 5th & 6th 0 0 0 0 0 0 Page 11 ~ iTi Wa~hlngton Statn Depptmcc>I ol Trll<ls port.etfocl Agcn cy. Moses Lake County Grant MPOIRTPO Quad-Co RTPO "'() ~ ~ A. PIN/Project No. 'Tl c: C. Project Tiiie " " 0 c 0. Road Name or Number o::: -o 3 E. Bogin & End T ermin1 ~" a .. .. .. F Pro1ect Ocscnption .. -' 14 12 Add1bonal Lak~ Cro~< ng Broadway Avenue to Pax.son BW v Inside Consll\lct new bndge ano connectJons to our eXJSting transportation syslem Funding Status I Phase I Phase St3rt Year (YYYY) I Federal Fund Code p I ALt. I 2021 l D1scretionaty Totals - Expendtturc Schedule Ph~se 1st 2nd AI L 0 0 Totals Q 0 Report Date. September 07, 2017 B STIP ID G. Structure ID WA 04698 Six Year Transportation Improvement Program From 2018 to 2023 N Ouiside m 3 " < "O "' "' a 0 .. < c:: ... " "' > " .. ~ 0 3 ::E 3 0 3 !I .. s: " > " .. .;; ~ :i:: " " !I c a. c. c ~ 0 r-.0 0 0 !;: ,, 3 " 0 " ... s :;· a; .. 2: '< c. "' '< ;o ~ !" "O .. '5 ,, Ul c. .. .. .. Q. 09112117 01 Yes federal funds State Fund Code State Funds Local Funds Totol Funds 40,000 OTliER 1,000 1,000 42,000 40,000 1,000 1,000 42,000 3rd 4th 5th & 6th 42.000 a 0 42,000 0 0 Page 12 ..... \~on State w Depaf'lnM!<ll of T,,_s.pof'tatlon Agency: '""'"e' Lake County Gfanl MPO.'RTPO: Ouold Co RTPO ~ ;;· .., :<. A PIN/Project No c C. Project Trtfe " z ... c 0. Road Name or Number o::: -o "" .. " .. -3 E. Begin & End Torm1ni " !; F. Project DMcripuon 16 13 YOt'ezaw:> East Yorezawa !llYd Yonezawa Blvd to Road l Construct ro...,... .. y ---Funding Status I Phase I Phase Start Year (YYYY) I p I ALL I 2021 I Expenditure Sch<tdule Phase 1-st ALL 0 Totals 0 Report Date September 07, 2017 v lnsde B STIP ID G Suvcturc ID WA-047°'4 ----------- Six Year Transportati on Improvement Program From 2018 to 2023 N 0u1,;ce m 3 ~ .., a· :Il 0 .. < c .... " :Il )> .. .. 3 :; 3 0 3 0 .. )> 0 c .. :<. §: " :Il :i: " " ; .. 0 Q. Q, 0 -0 .--.c .. 0 3 :> .... 0 0 ~ :. 'O " =>. " 0 z '< Q. ., 0 " ;?. !' .., 0 :; .., ., Q. " '" 0 Q. 09112117 01 CG OPS 2 500 No TW Federal Fund Code Federal Funds State Fund Code Slate Funds Local Funds Total Fund$ 0 0 750 750 Totats 0 0 750 750 2nd 3rd 4th 5th & 6th 0 750 0 0 0 750 0 0 Page 13 .... ~ W.1'hln9ton Stato Depa~-( ol Transportation Agency: Moses Lake County: Cta!\! MP<l/RTPO Quad.Co RTPO - "'O ::>. g_ A PIN/Project No. .,, '< c C. Project Tit!• ~ z 0 Road Namo or Number o::: " -o 3 E Begin & End Tormin• "'" a' .. " ~ F. Pro~ct Oe:s:crip·rion .. - 19 14 Railroad R.ght-<>f-Way Acquis1t1on Y fof.I.<!~ South corporale c.tty hmds to North corµomle city bin.ts Purchase ro~rcad n11ht-<>•-way when lhe rn.Uoad cease.s to OP<!tnlo Funding Status I Phase I Phase Start Year (YYYY) I Federal Fund Code p I ALL I 2020 I Total• Expenditure Schedule Pha•e 1st 2nd Al L 0 0 Totals 0 0 Grand Totals for Moses Lake Repon Dale September 07, 2017 8 STJP 10 G St'VC1ur• 10 WA-04706 Six Year Transportation Improvement Program From 2018 to 2023 N OW;t0e m 3 " .., ~ ::0 a 0 .. < c: .... " ::0 > "' 3 0 " ~ :E 3 3 .. )> .. ~ .. '< ;. ::0 ::r a. " 0 " r .. .. 0 0. " -0 .. .0 !: .., 3 .... 0 " .... ~ ;; ;; " 2. '< a. "' "' ~ 0 " "' :T " .. "' c. "' "' .. 0. 09112117 32 CGOPS l soo No TW - Federal Funds State Fund Code State Funds Local Funds Total Funds 0 0 :>000 2 000 0 0 2,000 2000 3rd 4th Sth &6th 7.,000 0 0 2.000 0 0 FeOOral Funds State Funds Loc;il Funds Total Funds 40,000 2.100 17,550 59,650 Page 14 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 Katherine Kenison, City Attorney September 26, 2017 Action Municipal Airport Leases Legislative History: I September 12, 2017 September 26, 2017 Consideration/ Action The City owns and operates a municipal airport and has leased individual parcels to tenants for aviation-related uses. Some tenants have made improvements to the property over the years, such as a building or a hangar. These leases have not been reviewed and revised/updated since their original 1996 format. The leases need to be updated to bring them current with industry standards. Additional information was requested at the Sept. 12 meeting and staff is returning with that information. Background MLMC Chapter 2.50 established the airport commission in 1994. While the commission is responsible for general airport management and operations under the 1994 airport management agreement with the City, the City Council is responsible to determine the appropriate lease terms and rental amounts. RCW Chapter 14.08 governing municipal airports requires that leases must be for fair market value. Any lease longer than 10 years must contain a 5-year rental renegotiation clause. Over the past several months, staff has been working w ith the airport commission and tenants to create a current inventory of the leased parcels and to develop an updated lease template. The Page 1of2 updated leases offer a 10-year lease term for tenants with improvements and a 5-year lease term for tenants without improvements. The insurance requirements have been updated to industry standards and in accordance with the City's airport insurer's recommendations. Coverage types will differ depending upon the use of the property and whether there are improvements on the parcel(s). Other provisions have been updated to include commercially reasonable terms, including better protection for the City as property owner from exposure to liability caused by tenant activities. The updated lease template is ready for distribution to the tenants subject to council review and direction. Fiscal and Policy Implications The airport lease terms should be consistent with statutory and municipal code prov1s1ons, including rental amounts that reflect fair market value, and should provide adequate protection for the City from liability. Options • Approve th°::::; lease t~-;;,-;;-;;;t;··-··-·iThe d~·fi--leas~-w~~s~::{rib~ted -to-current tenants for execution. Provide different direction to st~ff f~r I Staff will incorporate council's direction into~-• lease terms new draft lease for council's review and Staff Recommendation consideration. Current tenants will continue I to occupy their parcels subject to the old lease I t erms. i Staff recommends Council approve the draft lease template as presented. Attachments I A. I Draft Airport Lease Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Draft Airport Lease Agreement for Lease of Space on August 29, 2017/modified September the Moses Lake Municipal Airport 20, 2017 Page 2 of 2 AGREEMENT FOR LEASE OF SPACE ON THE MOSES LAKE MUNICIPAL AIRPORT This agreement is made and entered into on January 1, 2017 by and between the City of Moses Lake, a Washington non-charter code city hereinafter referred to as "Lessor", and , hereinafter referred to as "Lessee". WHEREAS, the Lessor is in possession of an airport commonly known as "Moses Lake Municipal Airport'', and WHEREAS, the Lessee is desirous of leasing property on a portion of the airport; NOW, THEREFORE, the parties hereto enter into the following agreement for the rental of property for use as an aircraft hangar, or other appropriate uses as allowed by the City of Moses Lake. 1. Designation of Property: The Lessor hereby leases to the Lessee Parcel _ at the Moses Lake Municipal Airport as designated on Municipal Tract #12, Lot 2 Commercial Binding Site Plan, recorded January 27, 1999 (the 'Premises"). 2. Term: The term of this agreement shall be from January 1, 2017 to and including December 31, 2027. 3. Use: The leased property is to be used for the purposes as designated by the City of Moses Lake and as are consistent with the Moses Lake Municipal Code section 18.35.020. The primary use of the property shall be for aviation uses. The Lessee shall not use the said Premises in such a manner to interfere with the rights of other airport users or the Lessor. The Lessee shall not use said Premises in any illegal manner. Any storage of household items, boats, trailers, RV's, vehicles, and other non-aviation related items shall be permitted only in conjunction with, and secondary to, the primary aviation use. All use of the property must comply with any rules of the Airport Commission. 4. Cost of Space and Utilities: Beginning January 1, 2017 the cost for leasing the property shall be 6.2 cents ($.062) per square foot per year for commercial properties and 11.3 cents ($.113) per square foot per year for non-commercial properties. Non-commercial property shall be increased by fifty percent (50%) for hangars with doors at one side to take into account the movement area outside the hangar and by one hundred percent (100%) for hangars with doors at both sides to take into account the movement area outside the hangar. Properties are designated commercial or non-commercial by the Moses Lake Airport Commission. The lease rate shall be increased annually by the September to September West Coast-B/C All Urban Consumer Price Index as reported by the U. S. Department of Labor. Payment shall be made to the Lessor by the Lessee pursuant to the option selected by Lessee below: o in full on or before January 31 •1 of each year, or o paid one-half on or before January 31•' and one-half on or before July 31'' of each year (Lessee shall initial his/her selection) Lessee shall make all arrangements for and pay for all utilities and services furnished to or used by it, including without limitation, gas, electricity, water, telephone service, janitorial service, snow removal, and trash collection, and for all connection charges. 5. Alterations and Improvements: Lessee shall not make any alterations or improvements to the Premises without Lessor's written consent. Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work. The Lessee shall be responsible for any charges attributable to improvements on the leased property assessed by any governmental agency or private party including, but not limited to, all utility connection fees, hook up and utility system development charges and fees, electrical connection charges and fees, etc. Additionally, the Lessee shall pay all such charges previously assessed against the property which are due and outstanding at the time this lease is executed. If Lessee makes any alterations or improvements to the Premises as provided in this paragraph, the alterations or improvements shall not be commenced until ten (10) days after Lessor has received notice from Lessee stating the date the installation of the alterations or improvements is to commence so that Lessor can post and record an appropriate notice of non-responsibility if it so elects. Lessee shall pay all costs for construction done by it or caused to be done by it on the Premises as permitted by this Lease Agreement. Lessee shall keep the Premises free and clear of all mechanic's and/or materialmen's liens resulting from any construction done by or for Lessee. !At the termination of this agreement, the Lessee shall have the option of either removing the improvements placed on said ground space within ninety (90) days of the date of termination, or with the consent of the Lessor leave the improvements for the ownership and use of the Lessor. If the Lessor refuses to acquire ownership of the improvements the Lessee will be responsible for removal of all improvements or remnants thereof and the clean-up of the property prior to release from this agreementj ·------_______ --·. ·--__________________________________________________________________ . Lessee shall at all times during this Lease maintain property insurance at its sole cost and in such amounts and coverages as determined adequate by Lessor for all improvements on the Premises in order to protect such improvements from hazards such as fire, casualty, vandalism, and other damages. 6. Construction: Prior to construction of any structures, additions, improvements, or major modifications, plans must be presented to the Airport Commission for its suggestions and review and then to the Building Division of the City of Moses Lake for its approval and granting of a building permit. The cost of construction shall be the responsibility of the Lessee. Lessee shall complete building projects within one hundred twenty (120) days. Construction shall be in a neat and orderly manner and shall in no way hinder on-going aircraft operations or interfere with other airport users. Prior to an occupancy permit being issued, all debris and material shall be removed from the Premises. 7. Sublease and Assignment: This Lease is personal to the Lessee and Lessee covenants and agrees not to assign this Lease, or any interest therein, and not to sublet the Leased Premises or any part thereof, without first obtaining written consent from Lessor Lessor's consent shall not be unreasonably withheld, but consideration will be given to the financial status, reputation, and compatibility of the proposed assignee/sublesseesub lessee. Any proposed or existing assignment or sublease shall be subject to all provisions of this Lease, including this assignmenVsubletling restriction and the use restrictions of the Premises, and the Lessee will remain liable under the terms of this Lease during the term of any sublease. Upon the occurrence of an event of default, if the Premises or any part thereof are then assigned or sublet, Lessor, in addition to any other remedies herein provided or provided by law, may at its option collect directly from such assignee or sublesseesub lessee all rents becoming due to Lessee under such assignment, transfer, or sublease and apply such rent against any sums due to Lessor from Lessee hereunder, and no such collection shall be construed to constitute a novation or a release of Lessee from the further performance of Lessee's obligations hereunder. Commented [KK1]: This adu1esses ownen!up and status of 1mp1-0\ements upoo tenn1nation of the lease for default and,01 e'\p1rat10n ufthc term and N mutual agreement to tCJmmate 8. Safety and Health Regulations: J..Q?_5.Q§l_?_~~!1_!3_()_~()?f3.Q_A_5_i_B_l_()J!'l_F_~!l-i_A_t~i_A_i_R_~-t~§l_!:~Ei~le;§l_5.J_A ___________ . -{Formatted: Strikethrough assardaAse witR tRe latest re§ulatiaAs af OSI-I/\ aAEl WISl-I/\. lessee sl1all l'lre.,.iae aaequate fire ~------~----------~ extiA§uisRers te t11e PreFAises iA assertfaAse witA WISl-IA, aAG sl1all be respeAsible fer FAaiAteAaAce aAd asseciated easts ef saFAe. It is the agreement and understanding of both parties that Lessee shall have the sole and complete responsibility for ensuring a safe work place and compliance with all applicable health and safety regulations. whether state or federal. 2 9. Indemnification and Hold Hamiless: The Lessor shall not be liable to the Lessee, or to any person or persons whomsoever, for any damage to the property for injury to or death of any person arising out of or in any way connected with the possession, maintenance, or operation of said Premises, improvements or equipment by the Lessee. Lessee shall defend, indemnify, and hold harmless the Lessor, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee's use of Premises, or from the conduct of Lessee's business, or from any activity, work or thing done, permitted, or suffered by Lessee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Lessor. It is further specifically and expressly understood that the indemnification provided herein constitutes the Lessee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 10. Insurance: A. Insurance Term: The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. B. No Limitation: Lessee's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the Lessor's recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance: Lessee shall obtain insurance of the types and coverage described below: 1. Comprehensive General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. f._FIY_~_e-~~~~-~lliE~_ft~!'!J~_?Jffr_<!'.12~.?.Fl~-~-F!!l!~.e.-1--------[ Formatted: Strikethrough repair/maintenance shall include products liability and GOffipleted operations in the Comprehensi¥e General Lial3ility insurance so¥era§o. The Lessor shall be named as an additional insured on Lessee's Comprehensive General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. 2. Property insurance shall be written on an all risk basis. 3. Automobile liability 4. Hangar-keeper's liability if Lessee has non-owned aircraft under its care, custody, or control, including consignment aircraft sales. D. Minimum Amounts of Insurance: Lessee shall maintain the following insurance limits: 1. Comprehensive General Liability insurance shall be written with limits no less than $1,000,000 each occurrence with aircraft exclusions deleted. 2. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. 3. Automobile liability with limits no less than $1,000,000 any auto. 3 4. Hangar-keeper's liability shall be equal to the value of the aircraft in Lessee's care, custody, or control. E. Other Insurance Provisions: The Lessee's Comprehensive General Liability insurance policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Lessor. Any Insurance, self-insurance, or self-insured pool coverage maintained by the Lessor shall be excess of the Lessee's insurance and shall not contribute with it. Lessee's insurance policy or policies shall not include any other entity or party as a named insured other than Lessee and the Lessor as an additional insured. F. Acceptability of Insurers: Insurance is to be placed with insurers with a current AM. Best rating of not less than A: VII. G. Verification of Coverage: Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. The parties recognize the inherent risks of aviation related uses and operations on airports and, accordingly, the Lessor's liability exposure as property owner and landlord. Therefore, it is expressly understood and agreed that Lessee shall deliver the original certificates and a copy of the amendatory endorsements, including the additional insured endorsement, to Lessor evidencing all required insurance coverage; failure to provide Lessor with such documentation shall constitute a material breach of this Lease for which Lessor may terminate this Lease as provided for herein. Such documentation shall be provided to Lessor within ten (10) days of the execution of the Agreement and within thirty (30) days of the beginning of each consecutive year. H. Waiver of Subrogation: Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Lessee's Property Insurance: Lessee shall purchase and maintain during the term of the lease all-risk property insurance covering the Building for its full replacement value without any coinsurance provisions. J. Notice of Cancellation: The insurance policies shall contain a clause prohibiting cancellation or termination of the policies without first giving ten (10) days' prior written notice of such cancellation or termination to the Lessor K. Failure to Maintain Insurance: Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five (5) business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. L. Lessor Full Availability of Lessee Limits: If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be insured for the full available limits of Comprehensive General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required by this contract or whether any certificate of insurance furnished to the Lessor evidences limits of liability lower than those maintained by the Lessee. 11. Taxes and Licenses: The Lessee shall pay, before their respective due dates, all taxes, fees, assessments and/or licenses which may be assessed against the improvements placed on the 4 ground space, or be payable by reason of the use and occupancy of said space by the Lessee. Lessee shall be liable for, and shall pay throughout the term of this Lease Agreement any leasehold tax assessed by the State of Washington (which is currently 12.84%) in lieu of property tax, to be paid concurrently with annual rent during the term of said Lease Agreement. 12. Laws: The Lessee agrees to conform to any and all rules and regulations adopted by the City, the state, or the Federal Aviation Administration relative to operation and control of space at the Moses Lake Municipal Airport. Upon a written request by Lessor, Lessee will verify, within a reasonable time frame, compliance with any rules, laws, regulations or other applicable requirements. Lessee shall not delegate or contract away any of these responsibilities. 13. Inspection: The Lessor shall have the right to inspect the interior of any building, at any reasonable time upon notice and request made to the Lessee. 14. Maintenance: Lessee covenants and agrees to maintain, at its cost, the Premises and any improvements in good condition throughout the term of this Lease Agreement. Lessor shall have no further responsibility to maintain the Premises. Lessee shall be responsible for weed control, snow removal, and normal maintenance including janitorial services. Lessee shall further be responsible to keep and maintain the sewer system servicing the building in good working order and free from any blockage or obstructions. Lessor shall not be responsible for any damages to the Premises caused by vandalism, malicious mischief. or theft by third parties. Securing the Premises shall be the responsibility of the Lessee. 15. Access Rights: The Lessee is given the right of ingress and egress of ground vehicles between the leased property and public road via designated roadways on the airport but not on the airport taxiways. The Lessee is given the right of aircraft movement to or from the runway via airport taxiways. 16. Flammable Material Storage: The Lessee shall not store any flammable materials except: A. Those in the fuel or lubrication system of a motorized device stored on the grounds. B. Unless the storage device is approved by current regulations or has been in continuous use since being established under those regulations in effect at the time of installation. C. A reasonable amount of petroleum products for personal use, except for the Lessees of commercial lots. In addition to storing a reasonable amount of petroleum products for personal use, commercial lot Lessees may store petroleum products for sale so long as the storage facilities have been approved by the City Manager and all other applicable permits have been applied for and received. 17. Risk of Loss: The Lessor shall never be responsible for loss of improvements placed on the Premises by the Lessee or the loss. damage, or destruction of aircraft or other property stored on the Premises except as a direct result of the negligence of the Lessor or its employees. 18. Events of Default: The occurrence of any one of the following events shall constitute a material breach and default under this Lease by Lessee: A. Lessee shall have failed to pay an installment of rent or any other amount payable hereunder when due, where such failure shall continue for a period of ten (10) days after written notice from Lessor to Lessee notifying Lessee of its failure to pay such amounts. B. Lessee shall have failed to execute and deliver such documents as required by Section 6 and within the time periods specified, where such failure shall continue for a period of three (3) business days after written notice thereof from Lessor. 5 C. There shall be a default of any condition. covenant, agreement or other obligation on the part of Lessee (other than those defaults as described in subsections (a) and (b) hereof) to be kept, observed or performed hereunder. and such default shall be continuing for a period of more than thirty (30) days after written notice by Lessor to Lessee specifying the default and requiring that it discontinue. D. If Lessee fails to comply with the requirements for insurance pursuant to Section 10 hereof or, if any policy of insurance upon the Property or any part thereof from time to time carried by Lessor shall be cancelled or about to be cancelled by the insurer by reason of the use or occupation of the Premises by Lessee or any of Lessee's Employees, or anyone permitted by Lessee or such other parties to be upon the Premises and Lessee after receipt of notice in writing from Lessor shall have failed to take such immediate steps as shall enable Lessor to reinstate or avoid cancellation (as the case may be) of such policy of insurance. E. The Premises shall, without the prior written consent of Lessor, be used (i) by any persons other than Lessee or its permitted assigns or sublesseessub lessees (ii) for any purpose other than that for which they were leased or occupied, or (iii) by any persons whose occupancy is prohibited by this Lease. F. The Premises shall be vacated or abandoned, or remain unoccupied without the prior written consent of Lessor, fo r sixty (60) or more consecutive days while capable of being occupied. G. The balance of the Term of this Lease or any of the goods and chattels of Lessee located in the Premises shall at any time be seized in execution pursuant to a non-appealable judgment. H. Lessee commences any bankruptcy, reorganization or insolvency proceeding, or other proceeding under any federal, state or other law for the relief of debtors. Lessee fails to obtain the dismissal, within ninety (90) days after the commencement thereof, of any bankruptcy, reorganization or insolvency proceeding, or other proceeding under any law for the relief of debtors, instituted against it by one or more third parties or fails actively to oppose any such proceeding, or. in any such proceeding, defaults or files an answer admitting the material allegations upon which the proceeding was based or alleges its willingness to have an order for relief entered or its desire to seek liquidation. reorganization or adjustment of any of its debts. 19. Authority to Obligate Lessor: Lessor. as owner of the property subject to this agreement. authorizes the City Manager, subject to approval by the City Council. as the individual authorized to execute or amend agreements and obligate the Lessor. 20. Rights and Reservations of Lessor: Lessor reserves the right to close the airport facility, including, but not limited to, the runways, taxiway, apron, parking facilities and any other areas incident to the airport for the purpose of maintenance, repair. further development or construction, or for the safety of the general public. 21. Hazardous Substances: Lessee certifies, represents warrants, covenants and agrees that: A. Lessee agrees to comply with all applicable local, state and federal environmental laws, regulations, ordinances and administrative and judicial orders relating to the generation, recycling, treatment. use sale, storage, handling, transport and disposal of any Hazardous Substances (as defined below) by any person in or around the Premises. Lessee will not, without Lessor's prior written consent. keep in or around the Premises, for use, disposal, treatment, generation, storage, or sale, any Hazardous Substances. 6 B. Lessee has not and will not release or waive the liability of any party who may be potentially responsible for the presence or removal of Hazardous Substances on or from the Premises. C. Lessee shall be fully and completely liable to Lessor for, and shall indemnify and hold Lessor harmless from and against any and all actual or alleged claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Lessee or Lessor which arise or are alleged to arise directly or indirectly from or out of, or are in any way connected with any operations or activities (including, without limitation, use, disposal, transportation, storage, generation or sale of Hazardous Substances) in or around the Premises during Lessee's possession or control of the Premises which directly or indirectly result in the Premises or any Other Property (as defined below) becoming contaminated with Hazardous Substances or otherwise violating any applicable law, rule or regulation pertaining to Hazardous Substances, and the cleanup of Hazardous Substances from the Premises or any Other Property. Lessee acknowledges that it will be solely responsible for all costs and expenses relating to investigation (including preliminary investigation) and cleanup of Hazardous Substances from the Premises or from any Other Property. D. As used in the Agreement, "Hazardous Substances" means any chemical. material, waste or similar matter defined, classified, listed or designated as harmful, hazardous, extremely hazardous, dangerous, toxic or radioactive, or as a contaminant or pollutant, or other similar term, by, and/or which are subject to regulation under, any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future, and as they may be amended from time to time, and shall include petroleum products and byproducts. As used in this Agreement, "Other Property" means any real or personal property (including, without limitation, surface or ground water) which becomes contaminated with Hazardous Substances as a result of operations or other activities on, or around the contamination of, the Premises. 22. Nondiscrimination: Pursuant to Title VI of the Civil Rights Act of 1964, and by Part 15 of the Federal Aviation Regulations, Lessee agrees it will not discriminate on the grounds of race, sex, color, or national origin, and will not permit discrimination against any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations. Lessor reserves the right to take such action as the United States may direct to enforce the provisions of this covenant, or as it may find necessary. 23. Holding Over: If Lessee, with the implied or express consent of Lessor, shall hold over after expiration of the term of this Lease, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month-to-month and shall be for a monthly rate of one hundred fifty percent (150%) of the last rental rate under the Lease. 24. Permits and Licenses: Lessee shall obtain and maintain in current status all permit and licenses that are required under any applicable laws and regulations in connection with Lessee's use, occupancy, or operations at the Premises or airport. In the event that Lessee receives notice from any governmental entity that Lessee lacks, or is violation of, any such permit or license, Lessee shall provide Lessor with timely written notice of the same. 25. Nuisance Storage of Items: Lessee shall not store on the Premises any inoperable equipment, discarded or unsightly materials, or materials likely to create a hazard; shall not use areas outside of enclosed buildings for storage; and shall store trash in covered metal receptacles. Storage in violation of this section shall constitute a nuisance condition and an event of default subject to the remedies set forth in Section 18 above . 7 26. Survival: Lessee's duty to defend, indemnify and hold Lessor harmless from all such claims, liability and damages arising out of the acts or omissions of Lessee shall survive the termination and/or expiration of this Lease. 27. Notices: Notices to the City, provided for herein, shall be sufficient if sent by certified mail, postage prepaid, addressed to: City Manager City of Moses Lake 401 S. Balsam Moses Lake, WA 98837 Notices to Lessee shall be sufficient if sent by certified mail, postage prepaid, addressed to: , or to such other respective address the parties may designate to each other in writing from time to time. 28. Governing Law, Attorney's Fees, and Venue: This Lease shall be governed by and construed in accordance with the laws of the State of Washington. It is understood and agreed that in the event it is necessary for either party to engage the services of an attorney to enforce any provision of this lease, the prevailing party in such action shall be entitled to reasonable attorney fees in any state or federal court, including attorney fees and costs on appeal, in addition to the statutory attorney fees, even though said suit results in the forfeiture of this lease. Venue for any such proceedings shall be in Grant County, Washington. Without limiting any other provision of this Lease, in the event that Lessor employs an attorney (including the City Attorney) for the purpose of sending a notice to Lessee for the defaults or covenant violations of Lessee, then Lessee shall pay a reasonable attorney fee for the preparation and costs of delivery of the said notice. 29. Authority: If Lessee is a corporation, it shall deliver to the Lessor on execution of this Lease Agreement a certified letter signed by its board of directors authorizing the execution of this Lease Agreement and naming the officers that are authorized to execute this Lease Agreement on behalf of the corporation. If Lessee is a joint venture or partnership, all joint veRllifefsventures or partners shall execute the Lease Agreement. If Lessee is a limited liability company, all members or managers shall execute the Lease Agreement. 30. Independent Advice. The Lessee acknowledges that it has ascertained and weighed all of the effects and circumstances likely to influence its judgment with respect to this Lease: that it has had the opportunity to seek and obtain independent legal advice, that all of the provisions hereof, as well as all questions pertinent thereto, have been fully, satisfactorily and independently examined and explained to it. 31. Cessation of Airport: In the event the Moses Lake City Council determines to cease operating the Moses Lake Municipal Airport permanently seases ta se B!JeFaleel as an airport during the term of this !,lease Agreement, Lessor and Lessee's mutual obligations hereunder will cease. Nothing herein shall be construed to interfere with the City's right to cease such operation for a valid and compelling governmental purpose. Lessee agrees to waive any and all claims for damages should the Moses Lake Municipal Airport cease operation pursuant to this Section. 32. Warranties/guarantees: The City makes no warranty or guarantee of any nature whatsoever concerning the condition of the leased Premises, including the physical condition thereof, or any condition which may affect the leased Premises, and it is agreed that the City will not be responsible for any loss, damage or costs which may be incurred by Lessee by reason of any such condition or conditions. Lessee shall be entitled to possession of the Premises upon execution of this Lease Agreement and thereafter in accordance with the terms herein. Lessee's taking possession of the Premises on commencement of the term shall constitute Lessee's acknowledgment that the Premises are in good condition. Lessee has examined and inspected the Premises prior to entering into this Lease Agreement and accepts them in their present condition, AS IS. Lessor shall not be responsible to the Lessee for any damages or injuries to 8 persons or property by reason of the conditions or construction of the Premises or any portion thereof, and the Lessor shall not be held to have made any representations or warranty whatsoever as to the construction, condition or usefulness of any portion of the Premises. 33. Non-waiver: Any waiver of any breach of covenants herein contained to be kept and performed by either party hereto, shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the other party hereto from declaring a forfeiture, termination or cancellation for any succeeding breach either of the same condition or covenant or otherwise. Acceptance or payment of rental shall not be deemed a waiver. 34. Landlord's Lien: In addition to any statutory lien for rent in Lessor's favor, Lessor shall have and Lessee hereby grants to Lessor a continuing security interest for all rentals and other sums of money becoming due hereunder from Lessee, upon all goods, wares, equipment. fixtures, furniture, inventory, accounts, contract rights, chattel paper and other personal property of Lessee situation on the Premises, and such property shall not be removed therefrom without the consent of the Lessor until all arrearages in rent as well as all other sums of money then due to Lessor hereunder shall first have been paid and discharged. In the event of a default under this Lease, Lessor shall have, in addition to any other remedies provided herein or by law, all rights and remedies under the Uniform Commercial Code, including without limitation the right to sell the property described in this paragraph at public or private sale. Lessee hereby agrees to execute such financing statements and other instruments necessary or desirable in Lessor's discretion to perfect the security interest hereby created. Any statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and supplementary thereto. This lien shall be subordinate and subject to any Leasehold Mortgage encumbering the leasehold, including, without limitation, any security interest in and to all such property in favor of any of Lessee's lenders. 35. Construction of Agreement: In the event of a dispute between the parties as to the meaning of terms, phrases, or specific provisions of the Lease Agreement, the authorship of this Lease Agreement shall not be cause for this Lease Agreement to be construed against any party nor in favor of any party. This Lease Agreement has been submitted to the scrutiny of all parties and their respective legal counsel, and shall be given a fair and reasonable interpretation in accordance with the words hereof without consideration or weight being given to its being drafted by or for one of the parties. 36. Entire Agreement: This Lease Agreement constitutes the whole agreement between the Lessor and Lessee and replaces and supersedes any prior agreements. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Lease Agreement shall be valid and effective unless evidenced by an agreement in writing. I Dated: ------------' 2017 LESSEE By _______________ _ 9 Dated: ------------· 2017 CITY OF MOSES LAKE By ------------~-~ John M. Williams, City Manager 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. Dir. I Deputy City Manager September 26, 2017 Motion Request to Accept the Notice of Intent to Commence Annexation Proceedings and accept the Petition for Annexation Legislative History: September 26, 2017 Motion Community Development has received a Notice of Intent to Commence Annexation Proceeding and a Petition for Annexation. The attached documents have been submitted the authorized representative Larry Larson, Larson Fowles on behalf of Row Crops, LLC. The proposed annexation is approximately 61.42 acres of property located east of Road Land South of Wheeler Road. See attached aerial map. Background In 2001 the City Council adopted a Comprehensive Plan that included an Urban Growth Area (UGA) that was negotiated between the Grant County Board of County Commissioners and the Moses Lake City Council in accordance with RCW 36.70A.110. The final adopted UGA was nearly ten (10) years in the making and was subject to much debate, discussion and Public Hearings. The Moses Page 1of2 Lake UGA is a twenty (20) year vision that is intended to encourage growth that is urban in nature and whereby urban governmental services would be provided by the City. The Moses Lake Comprehensive Plan, Goal 3, Section3-8 Land Use Chapter, addresses when it is appropriate to annex areas within our Urban Growth area. "Goal 3: THE CITY SHALL ANNEX ONLY THOSE PROPERTIES WHERE URBAN SERVICES AREAPPROPRIATE AND CAN BE REASONABLY PROVIDED" Fiscal and Policy Implications Municipal Services, Police, Fire, Planning and Building would all be impacted in terms of providing services. The development of site would yield property taxes and more, which would be utilized to offset staff and infrastructure costs associated with City services that would be provided to the area. Options Option I Results ---·;--Co7isider the Notice of Intent and-t-Th~eq~est !~~ Annex~tio~ m-;~;s fo~~;rd in - Petition. Receipt and accept the Notice II accordance with the adopted Moses Lake of Intent. Accept the Petition. Comprehensive Plan Goals and Policies. • Take no action I The City-Council wo~iCi"thwart the intent of the I adopted Moses Lake Comprehensive Plan Staff Recommendation Staff recommends that City Council consider the annexation request and receipt/accept the Notice of Intent to Commence Annexation Proceedings and accept the Petition for Annexation. Attachments A Notice of Intent/Petition for Annexation B Land Use Application c. Aerial Map D. Exhibits -Legal Descriptions Page 2 of 2 NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS TO: The City Council of the City of Moses Lake Comes now f<.ow Cv-r:>/. LLC-~~.L....-'-'~--='-----'-'~,F-'-~~~~~~~~~~~~~~~~~~~~ and hereby notifies the City Council of the City of Moses Lake that it intends to commence proceedings to have the real property owned by {? CJ-vJ l v 0f2 . L L{" and described below annexed to the City of Moses Lake, that it is the owTei of in excess of ten percent (10%) in value according to the assessed valuation thereof, of the property for which annexation will be petitioned; and that it respectfully requests the City council within sixty (60) days to determine whether the city accepts the proposed annexation. Legal Description: Dated: PETITION FOR ANNEXATION TO: City Council, City of Moses Lake Date: I We, the undersigned, the legal owners of property, according to the records of the Grant County Assessor, do hereby petition the below described property be annexed by the City of Moses Lake, and be included within the boundaries of said city. Said annexation is sought pursuant to RCW 35A.14.120 -.150. Legal Description: WARNING Every person who signs this petition ·with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Name and Address and Date I I lf S ..f Je. ffeir~ l,, flf1x s I. -k Da~c.~ ~\l\(7 May 12, 2005 8/31/2017 TerraScan TaxSifter -Grant County Washington ([;i"'"" GRAt tT C~Ut'-JTY I@) W ASHll~GTON :. 1, THOM~O"" REUTE~S TAXSIFTER SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLA!MER PAYMENT CART(O) Assesso1 Parce l#: DOR Code: Situs: Map Number: Status: Descr ip tio n: Comment: ME.liss;; McKnight Treasurer Grant Cc.untyA!:sessc.r P. 0. Box 37 E'ph1 ot~;eh23 ·, L •, t A Appraisal MapSifter r. ~ 0 313169000 83 -Resource -Agriculture Current Use 12115 NE WHEELER RD Parcel Owni:r f-lame: Row Crop LLC Address1: 821 E Broadway Ave Suite 8 Acldrei>s2: City, State: Moses Lake WA Zip: 98837 TX# 14969 IN LOT 4 THIEME SP 21-90 TGW 18-0206-001 PER BLA TAX# 14969 ALL OF PARCEL 4 OF THE THIEME SHORT PLAT, AS RECORDED IN BOOK 21 OF SHORT PLATS, AT PAGES 90 THROUGH 93, RECORDS OF GRANT COUN1Y, WASHINGTON & POR N/12 NW 19 19 29 EXCEPT THAT PORTION OF PARCEL 4 OF THE THIEME SHORT PLAT, AS RECORDED IN BOOK 21 OF SHORT PLATS, AT PAGES 90 THROUGH 93, RECORDS OF GRANT COUNTY, WASHINGTON, LYING WITHIN THE FOLLOWING DESCRIBED AREA: THAT PORTION OF PARCEL 4 OF THIEME SHORT PLAT, AS RECORDED IN BOOK 21 OF SHORT PLATS, AT PAGES 90 THROUGH 93, RECORDS OF GRANT COUNTY, WASHINGTON, BEING A PORTION OF FARM UNIT 89, IRRIGATION BLOCK 41, COLUMBIA BASIN PROJECT, AND THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 19 NORTH, RANGE 29 E.W.M., GRANT COUN1Y, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MONUMENT MARKING THE NORTHWEST CORNER OF SAID SECTION, SAID POINT BEARS NORTH 00°24'04" EAST, 2680.04 FEET, FROM A BRASS CAP MONUMENT MARKING THE WEST QUARTER CORNER OF SAID SECTION; THENCE SOUTH 89°32'57" EAST, FOLLOWING THE NORTH BOUNDARY OF SAID FARM UNIT AND SAID SECTION, 650.80 FEET TO A NORTHERLY CORNER OF SAID FARM UNIT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°32'57" EAST, 650.79 FEET TO A NORTHERLY CORNER OF SAID FARM UNIT AND AN INTERSECTION WITH THE CENTERLINE OF THE U.S.B.R. EL20UI RIGHT-OF-WAY; THENCE SOUTH 00°29'08" WEST, FOLLOWING SAID CENTERLINE 40.00 FEET TO AN INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY BOUNDARY OF WHEELER ROAD AND A NORTHERLY CORNER OF SAID PARCEL 4; THENCE NORTH 89°32'57" WEST, FOLLOWING SAID SOUTHERLY RIGHT-OF-WAY BOUNDARY AND PARALLEL WITH THE NORTH BOUNDARY OF SAID SECTION, 55.68 FEET, TO A HALF INCH REBAR WITH SURVEYOR'S CAP STAMPED "LOLKUS LS 41292"; THENCE SOUTH 19°42'02" EAST, 264.96 FEET TO A HALF INCH REBAR WITH SURVEYOR'S CAP STAMPED "LOLKUS LS 41292" THENCE SOUTH 00°29'08" WEST, 147.76 FEET TO A HALF INCH REBAR WITH SURVEYOR'S CAP STAMPED "LOLKUS LS 41292"; THENCE SOUTH 09°24'34" WEST, 230.46 FEET TO A HALF INCH REBAR WITH SURVEYOR'S CAP STAMPED "LOLKUS LS 41292"; THENCE SOUTH 89°56'49" WEST, 650.33 FEET TO A CORNER OF SAID PARCEL 4, SAID POINT BEING MARKED BY A FOUND 5/8 INCH REBAR WITH SURVEYOR'S CAP STAMPED "LS 41292"; THENCE NORTH 00°26'36" EAST, FOLLOWING THE BOUNDARY OF SAID PARCEL 4, 669.87 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTION S OF RECORD. 7017 M;;rkct Value 2011 Til);<lblE: Value :iOl 7 A£s~i:sment Dat<t Land: Improvements: Permanent Crop: Total 07/13/17 1380808 $248,895 Land: $139,560 $7,815 Improvements: $7,815 $0 Permanent Crop: $0 $256,710 Total Owner'£ N<ime Row Crop LLC Row Crop LLC 2 231216 $147,375 Ownership Sales History Bernd Tr, Robert W http://grantwa.tax.sifter.com/ Assessor.aspx ?keyld=l 685572&parce1Nurnber=3 !3169000&typeID= I District: Current Use/DFL: Senior/Disability Exemption: Total Acres : G'rantee Ownership c/o 100 % 0% Row Crop LLC 0094 -0094 Yes No 60.62000 $410,000 1/2 8/31/2017 TerraScan TaxSifter -Grant County Washington GRPJ~l cJu1~TY \N ASHll\l GTO l"-J TAXSIFTER SIMPLE SEARCH SALES SEhRCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(O) Mslissa t1cKnipht Grant County Asst>ssor P. 0. Box 37 Ephr;;ta, WA !:'81?22 Assessor Treasure.t A.pp.raisal MapSifter Purcel.f,: DOR Cade: Situs: Map Number: Status: Description: Comment: Parcel 180206001 Owr.u NarHe: Row Crop LLC 81 -Resource -Agriculture Address1: 821 E Broadway Ave Suite 8 12171 NE RD 3 Addresi:2: City, State: Moses Lake WA 2.ip: 98837 TX# 14969 in Nl/2 NW 19 19 29 TGW 31-3169-000 ALL OF PARCEL 4 OF THE THIEME SHORT PLAT, AS RECORDED IN BOOK 21 OF SHORT PLATS, AT PAGES 90 THROUGH 93, RECORDS OF GRANT COUNTY, WASHINGTON. EXCEPT THAT PORTION OF PARCEL 4 OF THE THIEME SHORT PLAT, AS RECORDED IN BOOK 21 OF SHORT PLATS, AT PAGES 90 THROUGH 93, RECORDS OF GRANT COUNTY, WASHINGTON, LYING WITHIN THE FOLLOWING DESCRIBED AREA: THAT PORTION OF PARCEL 4 OF THIEME SHORT PLAT, AS RECORDED IN BOOK 21 OF SHORT PLATS, AT PAGES 90 THROUGH 93, RECORDS OF GRANT COUNTY, WASHINGTON, BEING A PORTION OF FARM UNIT 89, IRRIGATION BLOCK 41, COLUMBIA BASIN PROJECT AND THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 19 NORTH, RANGE 29 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MONUMENT MARKING THE NORTHWEST CORNER OF SAID SECTION, SAID POINT BEARS NORTH 00°24'04" EAST, 2680.04 FEET, FROM A BRASS CAP MONUMENT MARKING THE WEST QUARTER CORNER OF SAID SECTION; THENCE SOUTH 89°32'57" EAST, FOLLOWING THE NORTH BOUNDARY OF SAID FARM UNIT AND SAID SECTION, 650.80 FEET TO A NORTHERLY CORNER OF SAID FARM UNIT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°32'57" EAST, 650. 79 FEET TO A NORTHERLY CORNER OF SAID FARM UNIT AND AN INTERSECTION WITH THE CENTERLINE OF THE U.S.B.R., EL20UI RIGHT-OF-WAY; THENCE SOUTH 00°29'08" WEST, FOLLOWING SAID CENTERLINE 40.00 FEET TO AN INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY BOUNDARY OF WHEELER ROAD AND A NORTHERLY CORNER OF SAID PARCEL 4; THENCE NORTH 89°32'57" WEST, FOLLOWING SAID SOUTHERLY RIGHT-OF-WAY BOUNDARY AND PARALLEL WITH THE NORTH BOUNDARY OF SAID SECTION, 55.68 FEET TO A HALF INCH REBAR WITH SURVEYOR'S CAP STAMPED "LOLKUS LS 41292"; THENCE SOUTH 19°42'02" EAST, 264.96 FEET TO A HALF INCH REBAR WITH SURVEYOR'S CAP STAMPED "LOLKUS LS 41292"; THENCE SOUTH 00°29'08" WEST, 147.76 FEET TO A HALF INCH REBAR WITH SURVEYOR'S CAP STAMPED "LOLKUS LS 41292"; THENCE SOUTH 09°24'34" WEST, 230.46 FEET TO A HALF INCH REBAR WITH SURVEYOR'S CAP STAMPED "LOLKUS LS 41292"; THENCE SOUTH 89°56'49" WEST, 650.33 FEET TO A CORNER OF SAID PARCEL 4, SAID POINT BEING MARKED BY A FOUND 5/8 INCH REBAR WITH SURVEYOR'S CAP STAMPED "LS 12491"; THENCE NORTH 00°26'36" EAST, FOLLOWING THE BOUNDARY OF SAID PARCEL 4, 669.87 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. 2017 Market Value 20:17 i·axable Value 2(117 Asses!:'ment-Data Land: $80 Land: $80 Improvements: $0 Improvements: $0 Permanent Crop: $0 Permanent Crop: $0 Total $80 Total $80 Ownership Row Crop LLC Sales History Sale Date Sales: Da.:umt:nl ~/ 1-'o.rcccl!> E.>..d!'e. 4: Grc.ntc.1 231216 Bernd Tr, Robert W Ottmar Est, Harvey R District: Current Use/DFL: Senior/Disability Exemption: Total Acres: Grantee Row Crop LLC Ov•ner!hip O/o 100 % 0094 -0094 No No 0.08000 .,.rice Public Utility District No. 2 of Grant County 07/13/17 1380808 08/02/16 1367937 12/01/14 1340975 2 1 3 227553 220408 Ottmar, Harvey R & June E Bernd Tr, Robert W $410,000 $1,920 $0 http://grantwa.taxsifter.com/Assessor.aspx?key ld=l 675661 &parcel Number= 180206001 &typeID= I 112 RESOLUTION OF MEMBERS OF ROW CROP, LLC The undersigned Members, constituting all of the Members of ROW CROP, LLC, a Washington limited liability company (the Company), in lieu of a special meeting, adopt the following resolution: RESOLVED, that JERRY BENSON is hereby appointed as the Managing Member of the Company and is hereby granted the authority to sign all documents on behalf of the Company. DATED effective the L.i_ day of~~ BR112, LLC / ~ '2017. ~·~~L 75-===Member I . FOUR R's ARM, LLC / Date ---/ ~ B~: ' ~~Member _4;~'4,,_,_/ 1~? __ _ Date TerraScan MapSifter -Grant County Washington http://grantwa.mapsifter.com/defaultHTML5.aspx Parcel· 313169000 District lnforma~_r /' Owner: Row Crop L~9·:/ ' /. Address: 121:15·r:-1EWHEELER RD --/~_.{-· // /.· · . .f/. ... . //fi//,;1/ , //// .(~ ~./ / <~ ,y Page 1of1 x 9/21 /2017 ,, _-.1.~ -LAND USE ACTION APPLICATION --~- c p y •• MOSES LAKE ~E C ~!V ED COfl/ .. :U~"~T '1JEVELOPMENT D TESTAM•Hl~rn..i ~[Dsv t Pl !\ NN I'(~ t J' D BUILDING C1.,..Y CH iJiOSES LAKE Permit# lu.:A VJ 11-0053 PROPERTY OWNERCS) Name: R cw CvbpJ l LC... _ Address: f2 / '£-. 8v.1J.Jw2.y Ave , .f-k ~ City: Mo$c > Lz.ft<::. State: wit Zip q [tl.57 Phone#: S o1-76 S---G 700 Email: I;;,. n · y@ /c,,r 5e-•t.~~f". C ())1,., l(we)(Signature(s) _ , ~ 9 /"2 i ~ Signature:. ~2'1~'//XP....__ Date :4¥7 Signature:~/?.--.~~ ~ ~, -9:~: CJ} ( .} /1 ~ tu-.5c_1 L._ ~ Do ffir r penalty of perjury, that I am one (or more} of the owners or ow of the below described property and that the foregoing statements and answers are in all respects true and correct on my Information and belief as to those matters. I believe It to be true. APPLICANT Name: Rell.' Cv-o pj LL[_,, Address: J°(J/ft'y\ e. tt-5 J,, b .~ City: _______ State: Zip ___ _ Phone#: ______________ _ Email: _______________ _ Signature: _________ Date: __ _ AUTHORIZED REPRESENTATIVE Company: La. Y.5 f>iA ff7""\-/ le> . P LL-l- 1 :; Contact: f..... f) YYb l 0'(" .. s· CJ V> Address: &'J-1 6 fJ v1Jz..itn-y .4~ ft, ? City: >4£4Yzs' l-ztt:v State: /WA Zip 1 f f3 7 Phone#: 76 5--t: 7 t'O Email: ) z...-vr-v 00 fo,y.JciL-F~ wltf . C.om , PLANNING DEPARTMENT CONTACTS Anne Henning, Senior Planner ahenning@cityofml.com Daniel Leavitt, Associate Planner dleavitt@cityofml.com Billie Munoz, Assistant Planner bmunoz@cityofml.com Planning Office Main Number: 509-764-3750 • . Fee Schedule (check box) 0Q. Annexation 10 Appeals 0 Administrative Appeal 0 Binding Site Plan 0 Boundary Line Adjustment 0 Environmental Checklist 0 Environmental Impact Statement 0 Comprehensive Plan Amendment -Text 0 Comprehensive Plan Amendment -Map 0 Conditional Use Permit 0 Development Agreement 0 Planned Unit Development 0 Public Hearing Not Otherwise Specified 0 Right of Way Vacation D Shoreline Management Application 0 Substantial Development and/or CUP 0 Exemption 0 Variance Subdivision Application 0 Preliminary Short Subdivision 1-4 Lots 0 Preliminary Short Subdivision 5-9 Lots 0 Preliminary Major Subdivision 0 Final Short Subdivision 0 Final Major Subdivision D Zone Change Request D Zoning Variance +cost of notification, publishing, and Hearing Examiner's Fee PROJECT NAME AND SUMMARY /tNAJf%k R..-h~. PROPERTY INFORMATION $400 $350 $500 $1,000 $250 $250 $500 $800 $1,000 $1,000 $1,500 $1,000 $60 $200 $100 +$200 NoAddttiornil Fee Required +$100 $300 $500 $500 $200 $400 $1,000 $100+ Actual Costs Property Address: I '2 11 S N 15 'vJ /~(.,k11 /{/ Section: I q Township i ~ N Range 2. 'f Asssesor's Parcel# .._f i 3 i (. q tJ ~ 0 1 8"oz06 tJo f Existing Zoning RU P..,, Area Total (SF) 61 A-~s (/. V .P l.-j VI' b L vi (k_,~.y\} c:_ Revised 02/8/17 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 September 26, 2017 MOTION Request To Award Sidewalk & Ramp Repair Project -2017 Legislative History: September 26, 2017 Motion On September 20th staff opened bids for the Sidewalk & Ramp Repair Project -2017. The City received seven (7) bids for the work. The bids ranged from $496,376.06 to $825,326.10. The Engineer's Estimate is $514,762.65. Background The 2017 budget includes $250,000 for repair of sidewalks and ramps. Additionally, the city received $190,000 in grant money for ramp repair/replacement and $50,000 for stormwater repairs. This project will reconstruct 93 existing handicap ramps to current ADA standards. The project will also replace concrete sidewalk around several City buildings to correct settling and tripping hazards. While replacing handicap ramps, the project will also address any repairs needed to the existing stormwater system. Fiscal and Policy Implications The project will require budgeted funds to be spent. Page 1of2 Options ____________ _Epti'!_'!____ _ _ ________ ! ___________ ______!!_!:_suits ·---- • Approve a motion to award the I Staff will move forward with executing a Sidewalk & Ramp Repair Project -2011 I contract with the low bidder to complete the . . l:o.~----·---·- • Take no action. I Staff will stop working on this project and wait I for further direction from City council. I Staff Recommendation Staff recommends awarding the Sidewalk & Ramp Repair Project-2017 to DW Excavating, Inc. in the amount of $496,376.06. 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 09/20/17 SIDEWALK & RAMP REPAIR -2017 BID SUMMARY OW Excavating, Inc. Capstone Structures Schedule A: ADA Ramps I ENGINEER'S ESTIMATE I Davenport, WA Quincy, WA APPROX. I UNIT PRICE I II UNIT PRICE I I ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT AMOUNT AMOUNT 1 Mobilization 1 LS $40,000.00 $40,000.00 $50,150.00 $50,150.00 $1,794.24 $1,794.24 2 Traffic Control 1 LS $20,000.00 $20,000.00 $20,900.00 $20,900.00 $22,185.37 $22,185.37 3 Remove Curb and Gutter 2,560 LF $15.00 $38,400.00 $6.20 $15,872.00 $6.50 $16,640.00 4 Remove Cement Concrete Sidewalk 578 SY $15.00 $8,670.00 $14.00 $8,092.00 $35.56 $20,553.68 5 Remove Cement Concrete Driveway 976 SY $18.00 $17,568.00 $14.50 $14,152.00 $24.71 $24,116.96 6 Sawcut Pavement or Concrete 3,058 LF $5.00 $15,290.00 $3.50 $10,703.00 $4.89 $14,953.62 7 Trimming and Cleanup 1 LS $15,000.00 $15,000.00 $26,750.00 $26,750.00 $33,426.90 $33,426.90 8 HMA Patch Cl. 3/8-lnch PG 64-28 463 SY $90.00 $41,670.00 $193.00 $89,359.00 $4.35 $2,014.05 9 Adjust Valve Box 6 EA $500.00 $3,000.00 $250.00 $1,500.00 $239.61 $1,437.66 10 Cement Concrete Curb and Gutter 3,296 LF $35.00 $115,360.00 $32.00 $105,472.00 $22.65 $74,654.40 11 Cement Concrete Sidewalk 578 SY $45.00 $26,010.00 $45.50 $26,299.00 $104.42 $60,354.76 12 Cement Concrete Driveway 976 SY $50.00 $48,800.00 $54.00 $52,704.00 $80.69 $78,753.44 13 Detectable Warning Surface 1,070 SF $50.00 $53,500.00 $16.40 $17,548.00 $22.28 $23,839.60 Subtotal Schedule A $443,268.00 § $439,501.00 § $374,724.68 Sales Tax 0.0% $0.00 $0.00 $0.00 Total Schedule A $443,268.00 $439,501.00 $374,724.68 OW Excavating, Inc. Capstone Structures Schedule B: Building Maintenance Sidewalk Repairs I ENGINEER'S ESTIMATE I Davenport, WA Quincy, WA APPROX. I UNIT PRICE I II UNIT PRICE I I ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT AMOUNT AMOUNT 1 Remove Curb and Gutter 10 LF $15.00 $150.00 $6.10 $61.00 $6.50 $65.00 2 Remove Cement Concrete Sidewalk 160 SY $15.00 $2,400.00 $13.50 $2,160.00 $35.56 $5,689.60 3 Remove Cement Concrete Driveway 40 SY $18.00 $720.00 $14.50 $580.00 $24.71 $988.40 4 Sawcut Asphalt or Concrete 70 LF $5.00 $350.00 $4.50 $315.00 $4.56 $319.20 5 HMA Patch Cl. 3/8-lnch PG 64-28 2 SY $90.00 $180.00 $190.00 $380.00 $51.70 $103.40 6 Cement Concrete Curb and Gutter 10 LF $35.00 $350.00 $32.00 $320.00 $19.86 $198.60 7 Cement Concrete Sidewalk 160 SY $45.00 $7,200.00 $40.00 $6,400.00 $104.42 $16,707.20 8 Cement Concrete Driveway 40 SY $50.00 $2,000.00 $50.00 $2,000.00 $80.69 $3,227.60 Subtotal Schedule A $13,350.00 § $12,216.00 § $27,299.00 Sales Tax 7.9% $1,054.65 $965.06 $2,156.62 Total Schedule A $14,404.65 $13,181.06 $29,455.62 P:\2017\Sidewalk & Ramp Repair-2017\XLSX FILES\Bid Summary.xlsx 09/20/17 DW Excavating, Inc. Capstone Structures Schedule C: Stormwater Repairs I ENGINEER'S ESTIMATE I Davenport, WA Quincy, WA APPROX. I UNIT PRICE I II UNIT PRICE I I ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT AMOUNT AMOUNT 1 Replace and Adjust Catch Basin Frame & Grate 5 EA $700.00 $3,500.00 $480.00 $2,400.00 $389.31 $1,946.55 2 PVC Storm Sewer Pipe 10-lnch Diameter 70 LF $50.00 $3,500.00 $49.00 $3,430.00 $59.80 $4,186.00 3 Ductile Iron Storm Sewer Pipe 10-lnch Diameter 42 LF $70.00 $2,940.00 $85.00 $3,570.00 $164.44 $6,906.48 4 Catch Basin, Type 1 16 EA $1,500.00 $24,000.00 $1,325.00 $21,200.00 $1,510.58 $24,169.28 5 Drywell, Type A 1 EA $4,500.00 $4,500.00 $3,000.00 $3,000.00 $16,477.82 $16,477.82 6 Drywell, Type B 2 EA $6,000.00 $12,000.00 $3,600.00 $7,200.00 $22,177.23 $44,354.46 7 Stormwater Manhole Overflow 3 EA $1,000.00 $3,000.00 $440.00 $1,320.00 $934.95 $2,804.85 8 Connect to Existing Catch Basin 4 EA $750.00 $3,000.00 $250.00 $1,000.00 $825.31 $3,301.24 9 Inlet Protection 3 EA $100.00 $300.00 $70.00 $210.00 $63.12 $189.36 10 Cement Concrete Driveway 7 SY $50.00 $350.00 $52.00 $364.00 $80.69 $564.83 Subtotal Schedule A $57,090.00 § $43,694.00 § $104,900.87 Sales Tax 0.0% $0.00 $0.00 $0.00 Total Schedule A $57,090.00 $43,694.00 $104,900.87 l!Grand Total II $514,762.65] 11 $496,376.o&IJ [I s5o9,os1.11IJ P:\2017\Sidewalk & Ramp Repair-2017\XLSX FILES\Bid Summary.xlsx 09/20/17 SIDEWALK & RAMP REPAIR -2017 BID SUMMARY All Star Construction Advanced Excavation Schedule A: ADA Ramps ENGINEER'S ESTIMATE West Richland, WA Moses Lake, WA APPROX. I UNIT PRICE I I ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT AMOUNT 1 Mobilization 1 LS $40,000.00 $40,000.00 $20,057.34 $20,057.34 $28,000.00 $28,000.00 2 Traffic Control 1 LS $20,000.00 $20,000.00 $32,453.00 $32,453.00 $46,980.00 $46,980.00 3 Remove Curb and Gutter 2,560 LF $15.00 $38,400.00 $13.42 $34,355.20 $12.00 $30,720.00 4 Remove Cement Concrete Sidewalk 578 SY $15.00 $8,670.00 $30.88 $17,848.64 $38.00 $21,964.00 5 Remove Cement Concrete Driveway 976 SY $18.00 $17,568.00 $37.15 $36,258.40 $42.00 $40,992.00 6 Sawcut Pavement or Concrete 3,058 LF $5.00 $15,290.00 $5.03 $15,381.74 $6.00 $18,348.00 7 Trimming and Cleanup 1 LS $15,000.00 $15,000.00 $26,419.00 $26,419.00 $14,000.00 $14,000.00 8 HMA Patch Cl. 3/8-lnch PG 64-28 463 SY $90.00 $41,670.00 $20.66 $9,565.58 $80.00 $37,040.00 9 Adjust Valve Box 6 EA $500.00 $3,000.00 $202.76 $1,216.56 $380.00 $2,280.00 10 Cement Concrete Curb and Gutter 3,296 LF $35.00 $115,360.00 $51.07 $168,326.72 $36.00 $118,656.00 11 Cement Concrete Sidewalk 578 SY $45.00 $26,010.00 $33.60 $19,420.80 $54.00 $31,212.00 12 Cement Concrete Driveway 976 SY $50.00 $48,800.00 $36.11 $35,243.36 $60.00 $58,560.00 13 Detectable Warning Surface 1,070 SF $50.00 $53,500.00 $21.33 $22,823.10 $28.00 $29,960.00 Subtotal Schedule A $443,268.00 $439,369.44 § $478,712.00 Sales Tax 0.0% $0.00 $0.00 $0.00 Total Schedule A $443,268.00 $439,369.44 $478,712.00 All Star Construction Advanced Excavation Schedule B: Building Maintenance Sidewalk Repairs ENGINEER'S ESTIMATE West Richland, WA Moses Lake, WA APPROX. I UNIT PRICE I I ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT AMOUNT 1 Remove Curb and Gutter 10 LF $15.00 $150.00 $11.59 $115.90 $60.00 $600.00 2 Remove Cement Concrete Sidewalk 160 SY $15.00 $2,400.00 $31.27 $5,003.20 $38.00 $6,080.00 3 Remove Cement Concrete Driveway 40 SY $18.00 $720.00 $51.73 $2,069.20 $62.00 $2,480.00 4 Sawcut Asphalt or Concrete 70 LF $5.00 $350.00 $6.88 $481.60 $8.00 $560.00 5 HMA Patch Cl. 3/8-lnch PG 64-28 2 SY $90.00 $180.00 $336.69 $673.38 $310.00 $620.00 6 Cement Concrete Curb and Gutter 10 LF $35.00 $350.00 $104.13 $1,041.30 $60.00 $600.00 7 Cement Concrete Sidewalk 160 SY $45.00 $7,200.00 $32.14 $5,142.40 $54.00 $8,640.00 8 Cement Concrete Driveway 40 SY $50.00 $2,000.00 $34.55 $1,382.00 $60.00 $2,400.00 Subtotal Schedule A $13,350.00 $15,908.98 § $21,980.00 Sales Tax 7.9% $1,054.65 $1,256.81 $1,736.42 Total Schedule A $14,404.65 $17,165.79 $23,716.42 P:\2017\Sidewalk & Ramp Repair-2017\XLSX FILES\Bid Summary.xlsx 09/20/17 All Star Construction Advanced Excavation Schedule C: Stormwater Repairs ENGINEER'S ESTIMATE West Richland, WA Moses Lake, WA APPROX. I UNIT PRICE I I ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT AMOUNT 1 Replace and Adjust Catch Basin Frame & Grate 5 EA $700.00 $3,500.00 $482.30 $2,411.50 $400.00 $2,000.00 2 PVC Storm Sewer Pipe 10-lnch Diameter 70 LF $50.00 $3,500.00 $88.16 $6,171.20 $56.00 $3,920.00 3 Ductile Iron Storm Sewer Pipe 10-lnch Diameter 42 LF $70.00 $2,940.00 $135.27 $5,681.34 $108.00 $4,536.00 4 Catch Basin, Type 1 16 EA $1,500.00 $24,000.00 $1,150.71 $18,411.36 $1,020.00 $16,320.00 5 Drywell, Type A 1 EA $4,500.00 $4,500.00 $7,839.22 $7,839.22 $3,680.00 $3,680.00 6 Drywell, Type B 2 EA $6,000.00 $12,000.00 $9,378.06 $18,756.12 $4,462.00 $8,924.00 7 Stormwater Manhole Overflow 3 EA $1,000.00 $3,000.00 $6,231.82 $18,695.46 $5,498.00 $16,494.00 8 Connect to Existing Catch Basin 4 EA $750.00 $3,000.00 $794.66 $3,178.64 $580.00 $2,320.00 9 Inlet Protection 3 EA $100.00 $300.00 $146.60 $439.80 $100.00 $300.00 10 Cement Concrete Driveway 7 SY $50.00 $350.00 $36.13 $252.91 $288.00 $2,016.00 Subtotal Schedule A $57,090.00 $81,837.55 § $60,510.00 Sales Tax 0.0% $0.00 $0.00 $0.00 Total Schedule A $57,090.00 $81,837.55 $60,510.00 !!Grand Total II $514,762.6511 II $538,372. 1811 11 ss62,938.42ll P:\2017\Sidewalk & Ramp Repair-2017\XLSX FILES\Bid Summary.xlsx 09/20/17 SIDEWALK & RAMP REPAIR-2017 BID SUMMARY Award Construction North Central Const. Schedule A: ADA Ramps ENGINEER'S ESTIMATE Ferndale, WA Moses Lake, WA APPROX. I UNIT PRICE I AMOUNT I ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization 1 LS $40,000.00 $40,000.00 $54,000.00 $54,000.00 $65,000.00 $65,000.00 2 Traffic Control 1 LS $20,000.00 $20,000.00 $79,000.00 $79,000.00 $25,000.00 $25,000.00 3 Remove Curb and Gutter 2,560 LF $15.00 $38,400.00 $8.00 $20,480.00 $11.00 $28,160.00 4 Remove Cement Concrete Sidewalk 578 SY $15.00 $8,670.00 $28.00 $16,184.00 $33.00 $19,074.00 5 Remove Cement Concrete Driveway 976 SY $18.00 $17,568.00 $28.00 $27,328.00 $25.00 $24,400.00 6 Sawcut Pavement or Concrete 3,058 LF $5.00 $15,290.00 $2.00 $6,116.00 $6.00 $18,348.00 7 Trimming and Cleanup 1 LS $15,000.00 $15,000.00 $16,000.00 $16,000.00 $25,000.00 $25,000.00 8 HMA Patch Cl. 3/8-lnch PG 64-28 463 SY $90.00 $41,670.00 $73.00 $33,799.00 $185.00 $85,655.00 9 Adjust Valve Box 6 EA $500.00 $3,000.00 $550.00 $3,300.00 $650.00 $3,900.00 10 Cement Concrete Curb and Gutter 3,296 LF $35.00 $115,360.00 $42.00 $138,432.00 $40.00 $131,840.00 11 Cement Concrete Sidewalk 578 SY $45.00 $26,010.00 $58.00 $33,524.00 $85.00 $49,130.00 12 Cement Concrete Driveway 976 SY $50.00 $48,800.00 $67.00 $65,392.00 $85.00 $82,960.00 13 Detectable warning Surface 1,070 SF $50.00 $53,500.00 $27.00 $28,890.00 $28.00 $29,960.00 Subtotal Schedule A $443,268.00 $522,445.00 § $588,427 .00 Sales Tax 0.0% $0.00 $0.00 $0.00 Total Schedule A $443,268.00 $522,445.00 $588,427.00 Award Construction North Central Const. Schedule B: Building Maintenance Sidewalk Repairs ENGINEER'S ESTIMATE Ferndale, WA Moses Lake, WA APPROX. l UNIT PRICE I AMOUNT I ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Remove Curb and Gutter 10 LF $15.00 $150.00 $8.00 $80.00 $125.00 $1,250.00 2 Remove Cement Concrete Sidewalk 160 SY $15.00 $2,400.00 $28.00 $4,480.00 $18.00 $2,880.00 3 Remove Cement Concrete Driveway 40 SY $18.00 $720.00 $28.00 $1,120.00 $25.00 $1,000.00 4 Sawcut Asphalt or Concrete 70 LF $5.00 $350.00 $2.00 $140.00 $6.00 $420.00 S HMA Patch Cl. 3/8-lnch PG 64-28 2 SY $90.00 $180.00 $73.00 $146.00 $2,000.00 $4,000.00 6 Cement Concrete Curb and Gutter 10 LF $35.00 $350.00 $42.00 $420.00 $95.00 $950.00 7 Cement Concrete Sidewalk 160 SY $45.00 $7,200.00 $58.00 $9,280.00 $75.00 $12,000.00 8 Cement Concrete Driveway 40 SY $50.00 $2,000.00 $67.00 $2,680.00 $75.00 $3,000.00 Subtotal Schedule A $13,350.00 $18,346.00 § $25,500.00 Sales Tax 7.9% $1,054.65 $1,449.33 $2,014.50 Total Schedule A $14,404.65 $19,795.33 $27,514.50 P:\2017\Sidewalk & Ramp Repair-2017\XLSX FILES\Bid Summary.xlsx 09/20/17 Award Construction North Central Const. Schedule C: Stormwater Repairs ENGINEER'S ESTIMATE Ferndale, WA Moses Lake, WA APPROX. I UNIT PRICE I AMOUNT I ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Replace and Adjust Catch Basin Frame & Grate s EA $700.00 $3,500.00 $600.00 $3,000.00 $1,000.00 $5,000.00 2 PVC Storm Sewer Pipe 10-lnch Diameter 70 LF $50.00 $3,500.00 $92.00 $6,440.00 $75.00 $5,250.00 3 Ductile Iron Storm Sewer Pipe 10-lnch Diameter 42 LF $70.00 $2,940.00 $121.00 $5,082.00 $165.00 $6,930.00 4 Catch Basin, Type 1 16 EA $1,500.00 $24,000.00 $1,300.00 $20,800.00 $1,500.00 $24,000.00 5 Drywell, Type A 1 EA $4,500.00 $4,500.00 $7,300.00 $7,300.00 $4,500.00 $4,500.00 6 Drywell, Type B 2 EA $6,000.00 $12,000.00 $8,500.00 $17,000.00 $5,200.00 $10,400.00 7 Stormwater Manhole Overflow 3 EA $1,000.00 $3,000.00 $700.00 $2,100.00 $4,500.00 $13,500.00 8 Connect to Existing Catch Basin 4 EA $750.00 $3,000.00 $600.00 $2,400.00 $1,200.00 $4,800.00 9 Inlet Protection 3 EA $100.00 $300.00 $80.00 $240.00 $100.00 $300.00 10 Cement Concrete Driveway 7 SY $50.00 $350.00 $240.00 $1,680.00 $300.00 $2,100.00 Subtotal Schedule A $57,090.00 $66,042.00§ $76,780.00 Sales Tax 0.0% $0.00 $0.00 $0.00 Total Schedule A $57,090.00 $66,042.00 $76,780.00 llGrand Total II $514,762.6slJ JI $608,282.3311 [I692,72L5!ID P:\2017\Sidewalk & Ramp Repair-2017\XLSX FILES\Bid Summary.xlsx 09/20/17 SIDEWALK & RAMP REPAIR -2017 BID SUMMARY Moreno and Nelson Schedule A: ADA Ramps ENGINEER'S ESTIMATE Walla Walla, WA APPROX. ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization 1 LS $40,000.00 $40,000.00 $150,000.00 $150,000.00 2 Traffic Control 1 LS $20,000.00 $20,000.00 $90,000.00 $90,000.00 3 Remove Curb and Gutter 2,560 LF $15.00 $38,400.00 $11.00 $28,160.00 4 Remove Cement Concrete Sidewalk 578 SY $15.00 $8,670.00 $20.00 $11,560.00 5 Remove Cement Concrete Driveway 976 SY $18.00 $17,568.00 $25.00 $24,400.00 6 Sawcut Pavement or Concrete 3,058 LF $5.00 $15,290.00 $7.50 $22,935.00 7 Trimming and Cleanup 1 LS $15,000.00 $15,000.00 $35,000.00 $35,000.00 8 HMA Patch Cl. 3/8-lnch PG 64-28 463 SY $90.00 $41,670.00 $80.00 $37,040.00 9 Adjust Valve Box 6 EA $500.00 $3,000.00 $500.00 $3,000.00 10 Cement Concrete Curb and Gutter 3,296 LF $35.00 $115,360.00 $40.00 $131,840.00 11 Cement Concrete Sidewalk 578 SY $45.00 $26,010.00 $115.00 $66,470.00 12 Cement Concrete Driveway 976 SY $50.00 $48,800.00 $115.00 $112,240.00 13 Detectable Warning Surface 1,070 SF $50.00 $53,500.00 $16.00 $17,120.00 Subtotal Schedule A $443,268.00 $729,765.00 Sales Tax 0.0% $0.00 $0.00 Total Schedule A $443,268.00 $729,765.00 Moreno and Nelson Schedule B: Building Maintenance Sidewalk Repairs ENGINEER'S ESTIMATE Walla Walla, WA APPROX. ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Remove Curb and Gutter 10 LF $15.00 $150.00 $20.00 $200.00 2 Remove Cement Concrete Sidewalk 160 SY $15.00 $2,400.00 $20.00 $3,200.00 3 Remove Cement Concrete Driveway 40 SY $18.00 $720.00 $20.00 $800.00 4 Sawcut Asphalt or Concrete 70 LF $5.00 $350.00 $10.00 $700.00 5 HMA Patch Cl. 3/8-lnch PG 64-28 2 SY $90.00 $180.00 $250.00 $500.00 6 Cement Concrete Curb and Gutter 10 LF $35.00 $350.00 $150.00 $1,500.00 7 Cement Concrete Sidewalk 160 SY $45.00 $7,200.00 $120.00 $19,200.00 8 Cement Concrete Driveway 40 SY $50.00 $2,000.00 $120.00 $4,800.00 Subtotal Schedule A $13,350.00 $30,900.00 Sales Tax 7.9% $1,054.65 $2,441.10 Total Schedule A $14,404.65 $33,341.10 P:\2017\Sidewalk & Ramp Repair-2017\XLSX FILES\Bid Summary.xlsx 09/20/17 Moreno and Nelson Schedule C: Stormwater Repairs ENGINEER'S ESTIMATE Walla Walla, WA APPROX. ITEM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Replace and Adjust Catch Basin Frame & Grate 5 EA $700.00 $3,500.00 $700.00 $3,500.00 2 PVC Storm Sewer Pipe 10-lnch Diameter 70 LF $50.00 $3,500.00 $100.00 $7,000.00 3 Ductile Iron Storm Sewer Pipe 10-lnch Diameter 42 LF $70.00 $2,940.00 $110.00 $4,620.00 4 Catch Basin, Type 1 16 EA $1,500.00 $24,000.00 $1,650.00 $26,400.00 5 Drywell, Type A 1 EA $4,500.00 $4,500.00 $4,000.00 $4,000.00 6 Drywell, Type B 2 EA $6,000.00 $12,000.00 $5,000.00 $10,000.00 7 Stormwater Manhole Overflow 3 EA $1,000.00 $3,000.00 $1,000.00 $3,000.00 8 Connect to Existing Catch Basin 4 EA $750.00 $3,000.00 $500.00 $2,000.00 9 Inlet Protection 3 EA $100.00 $300.00 $100.00 $300.00 10 Cement Concrete Driveway 7 SY $50.00 $350.00 $200.00 $1,400.00 Subtotal Schedule A $57,090.00 $62,220.00 Sales Tax 0.0% $0.00 $0.00 Total Schedule A $57,090.00 $62,220.00 [Grand Total II $514,762.6511 11 ss25,326.10ll P:\2017\Sidewalk & Ramp Repair-2017\XLSX FILES\Bid Summary.xlsx 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 Katherine Kenison, City Attorney September 26, 2017 Consideration Ordinance -Approving Cascade Natural Gas Franchise Legislative History: I September 26, 2017 I Consideration Cascade Natural Gas Corporation ("CNGC") has had a franchise to site, maintain, and operate gas lines and appurtenances within the City's right of way in order to provide delivery of natural gas service to its customers. That franchise agreement has expired and staff has negotiated the terms of a new 10 year franchise agreement with CNGC. The attached ordinance has been reviewed and approved by staff and CNGC. Options ___________ Opti._o_n ____ . • Approve the Ordinance with without additional changes Results or i Staff will implement the franchise agreement I and CNGC will continue to operate within the i City ROW's pursuant to the terms of the new j franchise agreement. I Page 1of2 • Take no action. ! CNGC will continue to occupy the City ROW's I i as holdover tenants under the terms of the I expired franchise agreement until/unless staff I is directed to terminate the relationship. ! I Staff Recommendation Staff recommends Council consider approving the Ordinance granting a new 10-year franchise to Cascade Natural Gas Corporation. Attachments A. Ordinance No. An Ordinance of the City of Moses Lake granting Cascade Natural Gas Corporation, a Washington corporation, its successors, grantees, and assigns, the nonexclusive right, privilege, authority and franchise to construct, operate, maintain, remove, replace, and repair existing pipeline facilities, together with equipment and appurtenances thereto, for the transportation and distribution of natural gas products and byproducts within and through the City of Moses Lake. Legal Review The following documents are attached and subject to legal review: Type of Document • Ordinance No. __ Title of Document An Ordinance of the City of Moses Lake granting Cascade Natural Gas Corporation, a Washington corporation, its successors, grantees, and assigns, the nonexclusive right, privilege, authority and franchise to construct, operate, maintain, remove, replace, and repair existing pipeline facilities, together with equipment and appurtenances thereto, for the transportation and distribution of natural gas products and byproducts within and through the City of Moses Lake. Page 2 of 2 Date Reviewed by Legal Counsel September 18, 2017 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOSES LAKE GRANTING CASCADE NATURAL GAS CORPORATION, A WASHINGTON CORPORATION, ITS SUCCESSORS, GRANTEES, AND ASSIGNS, THE NONEXCLUSIVE RIGHT, PRIVILEGE, AUTHORITY, AND FRANCHISE TO CONSTRUCT, OPERATE, MAINTAIN, REMOVE, REPLACE, AND REPAIR EXISTING PIPELINE FACILITIES, TOGETHER WITH EQUIPMENT AND APPURTENANCES THERETO, FOR THE TRANSPORTATION AND DISTRIBUTION OF NATURAL GAS PRODUCTS AND BYPRODUCTS WITHIN AND THROUGH THE CITY OF MOSES LAKE. WHEREAS, Cascade Natural Gas Corporation (hereinafter "Grantee") has applied for a nonexclusive Franchise to operate and maintain a natural gas pipeline within and through the City of Moses Lake (hereinafter the "City" or "Granter"); and, WHEREAS, the state statutes and City ordinances authorize the City to grant nonexclusive Franchises; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Moses Lake as follows: Section I. Definitions For the purposes of this Franchise and all exhibits attached hereto, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. 1.01 Construct or Construction shall mean installing new, removing, replacing, and repairing existing pipeline(s) and/or Facilities and may include, but is not limited to, digging and/or excavating for the purposes of installing new, removing, replacing, and repairing existing pipeline(s) and/or Facilities. 1.02 Effective Date shall mean the date designated herein, after passage, approval and legal publication of this Ordinance and acceptance by Grantee, upon which the rights, duties and obligations shall come in effect and the date from which the time requirement for any notice, extension and/or renewal will be measured. 1.03 Facilities shall mean the Grantee's natural gas pipe, pipeline system, lines, valves, mains, fixtures, communication systems and any and all other equipment, appliances, appurtenances and other items necessary, convenient or relating to the transmission, distribution, and sale of Grantee's natural gas product(s). 1.04 Franchise shall mean this Franchise and any amendments, exhibits, or appendices to this Franchise. 1.05 Franchise Area means all rights-of-way for public roads, streets, avenues, alleys, and highways of the City as now laid out, platted, dedicated, acquired, or improved; all rights-of-way for public roads, streets, avenues, alleys, and highways that may hereafter be laid out, platted, dedicated, acquired, or improved within the present limits of the City and as may be annexed into the limits hereafter; and all City owned utility easements dedicated for the placement and location of various utilities, provided such easement permits Grantee to fully exercise the rights granted under this Franchise within the area covered by the easement. 1.06 Hazardous Substance shall mean any hazardous, toxic, or dangerous substance, material, waste, pollutant, or contaminant. The term shall also be interpreted to include any substance which, after release into the environment, will or may reasonably be anticipated to cause death, disease, injury, illness, behavior abnormalities, or genetic abnormalities. 1.07 Maintenance or Maintain shall mean examining, testing , inspecting, repairing, maintaining and replacing the existing pipeline(s) and/or Facilities or any part thereof as required and necessary for safe operation. 1.09 Publ ic Properties shall mean the present and/or future property owned or leased by Granter within the present and/or future corporate limits or jurisdictional boundaries of the Granter. 1.10 Operate or Operations shall mean the use of Grantee's existing pipeline(s) and/or Facilities for the transportation, distribution and handling of natural gas products or byproducts within and through the Franchise Area. 1.11 Rights-of-Way means the surface and the space above and below streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, rights-of-way and similar public property and areas located within the Franchise Area. Section 2. Grant of Authority 2.01 Granter hereby grants to Grantee, a corporation organized and existing under and by virtue of the laws of the State of Washington and which is authorized to transact business within the State of Washington, its successors and assigns (as provided in Section 4), the right, privilege, authority and Franchise to Construct, Operate and Maintain its existing pipeline(s) and/or Facilities necessary for the transportation, distribution, and handling of any natural gas product or byproduct thereof, within the Franchise Area. 2.02 This Franchise is non-exclusive. Granter reserves all rights to its property, including, without limitation, the right to grant additional Franchises, easements, licenses and permits to others, provided that the Granter shall not grant any other Franchise, license, easement, or permit that would unreasonably interfere wi th Grantee's permitted use under this Franchise. This Franchise shall in no manner prohibit the Granter or limit its power to perform work upon its Rights-of-Way, Public Properties, or make all necessary changes, relocations, repairs, maintenance, establishment, improvement thereto, or from using any of the Rights-of Way and Public Properties, or any part of them , as the Granter may deem fit from time to time, including the dedication, establishment, maintenance and improvement of all new Rights-of-Way and other Public Properties of every type and description. 2.03 This Franchise is conditioned upon the terms and conditions contained herein and Grantee's compliance with all applicable federal, state, or other regulatory programs that currently exist or may hereafter be enacted by any regulatory agencies with jurisdiction over the Grantee. 2.04 By granting this Franchise, the Grantor is not assuming any risks or liabilities of Grantee, which shall be solely and separately borne by Grantee. Grantee agrees and covenants to, at its sole cost and expense, take all reasonably prudent steps to protect, support, and keep safe from harm its pipeline(s) and/or Facilities, or any part thereof, when necessary to protect the public health and safety. 2.05 This Franchise is intended to convey only a limited right and interest. It is not a warranty of title or interest in Grantor's Rights-of Way or other Public Property. None of the rights granted herein shall affect the Grantor's jurisdiction over its property, streets, or Rights-of-Way. 2.06 This franchise does not and shall not convey any right to Grantee to install its Facilities on , under, over, across, or to otherwise use city owned or leased properties of any kind, either within or outside the Franchise Area, other than existing public rights of way. 2.07 The limited rights and privileges granted under this Franchise shall not convey any right to Grantee to install any new pipeline(s) or Faci lities without the express written consent of Granter. Section 3. Term 3.01 Each of the provisions of this Franchise shall become effective upon the Effective Date, subject to Grantee's acceptance of the terms and conditions of this Franchise and shall remain in effect for ten (10) years thereafter. This shall be referred to as the primary term. The franchise will automatically renew for successive periods of five (5) years each (successive terms) unless cancelled at the end of a term by either party by written notice to the other party no less than 180 calendar days prior to the end of the primary term or the then current successive term. Section 4. Assignment and Transfer of Franchise 4.01 This franchise shall not be transferred or assigned without the express consent of the Granter by ordinance, which approval shall not be unreasonably withheld. 4.02 No transfer shall be approved unless the assignee or transferee has at least the legal, technical, financial, and other requisite qualifications to carry on the activities of the Grantee. 4.03 Any transfer or assignment of this Franchise without the prior written consent of the City shall be void and shall result in revocation of the Franchise. Section 5. Compliance with Laws and Standards 5.01 In carrying out any authorized activities under the privileges granted herein, Grantee shall meet generally accepted industry standards and comply with all applicable laws of any governmental entity with jurisdiction over the pipeline and its operation. This shall include all applicable laws, rules and regulations existing at the Effective Date of this Franchise or that may be subsequently enacted by any governmental entity with jurisdiction over Grantee and/or the pipeline(s) and Facilities. 5.02 In the case of any conflict between the terms of this Franchise and the terms of Grantor's ordinances, codes, regulations, standards and procedures, this Franchise shall govern . 5.03 That the rates to be charged for gas for light, power, heat and other purposes by the Grantee, and character of the service to be rendered by the Grantee shall be in accordance with Grantee's applicable rate tariffs and otherwise as approved by the Washington Utilities and Transportation Commission or other agency of said state having jurisdiction over said matters under the laws thereof. Section 6. Construction and Maintenance 6.01 All pipeline Construction, Maintenance, or Operation undertaken by Grantee, upon Grantee's direction or on Grantee's behalf shall be completed in a workmanlike manner. 6.02 Except in the case of an emergency, prior to commencing any Construction and/or Maintenance work in the Franchise Area, the Grantee shall first file with the Granter such detailed plans, specifications and profiles of the intended work to be done, showing the location and nature of the installation to be made, repaired, or maintained, and a schedule showing the times of beginning and completion and shall secure a perm it from the City before proceeding with any such work. Granter may require such additional information, plans and/or specifications as are in Grantor's opinion necessary to protect the public health and safety during the Construction and/or Maintenance work and for the remaining term of this Franchise. The grantee shall conform to all requirements of Chapter 12.16 -Street and Utility Construction Permits. 6.03 All Construction and/or Maintenance work shall be performed in conformity with the plans, maps and specifications filed with the Granter, except in instances in which deviation may be allowed thereafter in writing pursuant to an application by the Grantee. 6.04 All pipe and other components of any Facilities used in Construction and/or Maintenance activities within the Franchise Area shall comply with applicable federal regulations, as from time to time amended. 6.05 Except in the event of an emergency, Grantee shall provide Granter at least ten (10) calendar days written notice prior to any Construction and/or Maintenance, or other substantial activity, other than routine inspections and maintenance, by Grantee, its agents, employees, or contractors on Grantee's pipeline(s) or Facilities within the Franchise Area. 6.06 To the extent required by Section 6.02 hereof, such Construction or Maintenance work shall only commence upon the issuance of applicable permits by the City, which permits shall not be unreasonably withheld or delayed. However, in the event of an emergency requiring immediate action by Grantee for the protection of the pipeline(s) or Facilities, Grantor's property, or other persons or property, Grantee may proceed without first obtaining the normally required permits. In such event Grantee must (1) take all reasonably prudent steps to protect, support, and keep safe from harm its pipeline(s) and/or Facilities, or any part thereof; Grantor's property; or other persons or property, and to protect the public health and safety; and (2) as soon as possible thereafter, must obtain the required permits and comply with any mitigation requirements or other conditions in the after-the-fact permit. 6.07 Unless such condition or regulation is in conflict with a federal requirement, the Grantor may condition the granting of any permit or other approval that is required under this Franchise, in any manner reasonably necessary for the safe use and management of the public right-of-way or the Grantor's property including, by way of example and not limitation, bonding, maintaining proper distance from other utilities, protecting the continuity of pedestrian and vehicular traffic and protecting any Rights-of-Way improvements, private facilities and public safety. 6.08 Whenever necessary, after Constructing or Maintaining any of Grantee's pipeline(s) or Facilities within the Franchise Area, the Grantee shall, without delay, and at Grantee's sole expense, remove all debris and restore the surface as nearly as possible to as good or better condition as it was in before the work began. Grantee shall replace any property corner monuments, survey reference, or hubs that were disturbed or destroyed during Grantee's work in the areas covered by this Franchise. Such restoration shall be done in a manner consistent with applicable codes and laws, under the supervision of the Grantor and to the Grantor's satisfaction and specifications. 6.09 Grantee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. Grantee shall provide reasonable notice to the City prior to commencing any Maintenance or Construction under this Franchise and additionally to those owners or other persons in control of property in the Franchise Area when the Maintenance or Construction will affect access or otherwise impact the property. 6.1 O Grantee shall bear any costs associated with locating its Facilities. 6.11 Grantee shall provide detailed as-built design drawings showing the size and location of all pipes, valves, gauges, other service appurtenances and Facilities within the Franchise Area. It is understood that the location of the Facilities shall be verified by excavating if exact alignment is required. 6.12 Nothing in this Franchise shall be deemed to impose any duty or obligation upon Granter to determine the adequacy or sufficiency of Grantee's plans and designs or to ascertain whether Grantee's proposed or actual construction, testing, maintenance, repairs, replacement, or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by Granter. 6.13 Grantee shall be solely and completely responsible for workplace safety and safe working practices on its job sites within the Franchise area, including safety of all persons and property during the performance of any work. 6.14 Grantee shall at all times keep up-to date maps and records showing the location and sizes of all gas mains, lines, and service connections laid by it in said City. Such maps and records shall be kept in grantee's district operating office and shall be subject to inspection at all reasonable times by proper officials or agents of said City, and be made available within 48 hrs. Grantee shall provide at the City's request a copy of facilities maps for the city's use. 6.15 All mains and other lines of the grantee shall be laid in accordance with current City public works regulations and project permit requirements. Pipelines when probable must maintain (parallel) five (5) feet separation from city water and sewer mains. Grantee agrees to pay all costs and expenditures required for a period of five (5) years thereafter as a result of settling, subsidence, or any other need for repairs or maintenance resulting from excavations made by Grantee. Section 7. Operations, Maintenance, Inspection, Testing 7.01 Grantee shall operate, maintain, inspect and test its pipeline(s) and Facilities in the Franchise Area in full compliance with the applicable provisions of all federal, state and local laws, regulations and standards, as now enacted or hereafter amended, and any other future laws or regulations that are applicable to Grantee's pipeline(s) and Facilities, products and business operations. Section 8. Encroachment Management 8.01 Upon notification to Grantee of planned construction involving excavation or any activity that could abnormally load the pipeline, by either the city or any third party, within fifty (50) feet of Grantee's Facilities, Grantee shall mark the precise location of its Facilities before the construction or activity commences, provide a representative to inspect the construction when it commences, and periodically inspect thereafter to ensure that Grantee's Pipeline is not damaged by the construction or activity. 8.02 Upon the city's reasonable request, in connection with the design of any city public works project, Grantee will verify the exact location of its underground Facilities within the Franchise Area by excavating (pot holing) at no expense to the city. In the event Grantee performs such excavation, the city shall not require any restoration of the disturbed area in excess of restoration to the same condition as existed immediately prior to the excavation. Section 9. Leaks, Spills, Ruptures and Emergency Response 9.01 Grantee shall have in place, at all times during the term of this Franchise, a system for remotely monitoring pressures and flows across the Franchise Area. 9.02 During the term of this Franchise, Grantee shall have a written emergency response plan and procedure for locating leaks, spills, and ruptures and for shutting down valves as rapidly as possible. 9.03 Grantee's emergency plans and procedures shall designate Grantee's responsible local emergency response officials and a direct 24-hour emergency contact number for control center operator. Grantee shall, after being notified of an emergency, cooperate with the Granter and make every effort to respond as soon as possible to protect the public's health, safety and welfare. 9.04 Grantee shall be solely responsible for all necessary costs incurred by city, county, special district, or state agencies in responding to any rupture, spill , or leak from Grantee's pipeline(s) and/or Facilities, including, but not limited to, detection and removal of any contaminants from air, earth, or water, and all actual remediation costs. This section shall not limit Grantees rights or causes of action against any third party or parties who may be responsible for a leak, spill or other release of hazardous liquid from Grantees pipeline, including such third party insurers. 9.05 Grantee shall notify Granter of any uncontained leak, spill or rupture, outside of a vault or pump station, of natural gas product from its pipeline(s) and/or Facilities within or affecting the Franchise Area within one (1) business day of its observation or detection. Notification under this section shall only be required for substantial leaks in any line and any leak in a main line; notice shall not be required for minor leaks in service lines. 9.06 The Granter may demand that any substantial leak or rupture be investigated by an independent pipeline consultant selected by Granter. Grantee shall be solely responsible for paying all of the consultant's costs and expenses incurred in investigating the occurrence and reporting the findings. Grantee shall meet and confer with the independent consultant following the consultant's investigation to address whether any modifications or additions to Grantee's pipeline(s) and/or Facilities may be warranted. 9.07 If the consultant recommends that Grantee make modifications or additions to Grantee's pipeline(s) and/or Facilities, Grantee covenants to consider said recommendations in good faith. If Grantee declines to follow the consultant's recommendations, Grantee shall provide a written report to the Grantor explaining its reason ing for not following said recommendations. The parties agree to comply with the dispute resolution provisions contained herein to resolve any dispute over the whether to follow the consultant's recommendations. Section 10. Relocation 10.01 In the event that Grantor undertakes or approves the construction of or changes to the grade or location of any water, sewer, or storm drainage line, street, sidewalk, or other City improvement project or any governmental agency or any person or entity acting in a governmental capacity, or on the behalf of, under the authority of, or at the request of the Grantor or any other governmental agency, undertakes any improvement project and the Grantor determines that the project might reasonably require the relocation of Grantee's Facilities, Grantor shall provide the Grantee at least ninety (90) calendar days prior written notice or such additional time as may reasonably be required, of such project requiring relocation of Grantee's pipeline(s) and/or Facilities. 10.02 Grantor shall provide Grantee with copies of pertinent portions of the plans and specifications for the improvement project. Upon request, Grantee shall, at its cost and expense, determine and identify for Grantor the exact location of its pipeline(s) and Facilities potentially affected by the improvement project. 10.03 Grantee may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to the relocation within thirty (30) calendar days of receiving the plans and specifications. The City shall evaluate the alternatives and advise Grantee in writing if one or more of the alternatives is suitable to accommodate the work that would otherwise necessitate relocation of the Facilities. If requested by the City, Grantee shall submit additional information to assist the City in making the evaluation. The City shall give each alternative proposed by Grantee full and fair consideration but retains full discretion to decide for itself whether to utilize its original plan or an alternative proposed by Grantee. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its Facilities as proposed by the city. 10.04 If any City improvement project is required in the interest of public health, safety, welfare, or necessity, the Grantee shall make such changes as required herein at Grantee's sole cost, expense and risk. 10.05 Grantor shall work cooperatively with Grantee in determining a viable and practical route within which Grantee may relocate its Facilities, in order to minimize costs while meeting Grantor's project objectives. 10.06 Grantee shall complete relocation of its Facilities so as to accommodate the improvement project at least ten (10) calendar days prior to commencement of the improvement project or such other time as the parties may agree in writing. Section 11. Removal, Abandonment in Place 11.J. In the event of Grantee's permanent cessation of use of its pipeline(s) and/or Facilities, or any portion thereof, within the Franchise Area, the Grantee shall, within one hundred and eighty days (180) after the cessation of use, remove the pipeline, Facilities or any portion thereof. 11.2 In the event of the removal of all or a portion of the pipeline(s) or Facilities, Grantee shall restore the Franchise Area to as good or better condition as it was in before the work began. 11 .3 Removal and restoration work shall be done at Grantee's sole cost and expense and to Grantor's reasonable satisfaction. Grantee shall be responsible for any environmental review requ ired for the removal of any pipeline(s) and/or Facility and the payment of any costs of the environmental review. 11 .4 If Grantee is required to remove its pipeline(s) and/or_Facilities and fails to do so and/or fails to adequately restore the Franchise Area or other mutually agreed upon action(s), Grantor may, after reasonable notice to Grantee, remove the pipeline(s) and/or Facilities, restore the premises and/or take other action as is reasonably necessary at Grantee's expense. This remedy shall not be deemed to be exclusive and shall not prevent the City from seeking a judicial order directing that the Facilities be removed. 11.5 With the express written consent of the Grantor, the Grantee may purge its pipeline(s) and Facilities, as directed by Grantor, and abandon them in place. Grantee shall be responsible for any environmental review required for the abandonment of any pipeline(s) and/or Facilities and the payment of any costs of such environmental review. Grantor's consent to the abandonment of Facilities in place shall not relieve the Grantee of the obligation or costs to remove or to alter such Facilities in the future in the event it is reasonably determined that removal or alterations is necessary or advisable for the health and safety of the public, in which case the Grantee shall perform such work at no cost to the Granter. 11 .6 The parties expressly agree that paragraph 11 .5 shall survive the expiration, revocation or termination of this Franchise. Section 12. Violations, Remedies and Termination 12.01 In addition to any rights set out elsewhere in this Franchise, or other rights it may possess at law or equity, the Grantor reserves the right to apply any of the following remedies, alone or in combination , in the event Grantee violates any material provision of this Franchise. The remedies provided for in this Franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the Granter at law or equity. 12.02 Grantor may terminate this Franchise if Grantee materially breaches or otherwise fails to perform, co mply with or otherwise observe any of the terms and conditions of th is franchise, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, or fai ls to promptly pay all taxes legally levied by the City, and fails to cu re such breach or default within thirty (30) calendar days of Grantor's providing Grantee written notice thereof, or, if not reasonably capable of being cured within thirty (30) calendar days, within such other reasonable period of time as the parties may agree upon. 12.03 This Franchise shall not be terminated except upon a majority vote of the fu ll membership of the City Council, after reasonable notice to Grantee and an opportunity to be heard, provided that if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 12.04 In the event of termination under this franchise, Grantee shall immediately discontinue operation of the pipeline through the Franchise Area. Either party may in such case invoke the dispute resolution provisions herein. Alternatively, either party may elect to seek relief directly in Superior Court, in whi ch case the dispute resolution requirements shall not be applicable in this limited situation. 12.05 Grantor's failure to exercise a particular remedy at any time shall not waive Grantor's right to terminate, assess penalties, or assert that or any other remedy at law or equity for any future breach or default of Grantee. 12.06 Termination of this franchise shall not release Grantee from any liability or obligation with respect to any matter occurring prior to such termination, nor shall such termination release Grantee from any obligation to remove or secure the pipeline pursuant to this Franchise and to restore the Franchise Area. 12.07 The parties acknowledge that the covenants set forth herein are essential to this Franchise, and, but for the mutual agreements of the parties to comply with such covenants, the parties would not have entered into this Franchise. The parties fu rther acknowledge that they may not have an adequate remedy at law if the other party violates such covenant. Therefore, the parties shall have the right, in addition to any other rights they may have, to obtain in any court of competent jurisdiction injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any of the covenants contained herein should the other party fail to perform them . Section 13. Dispute Resolution 13.01 In the event of a dispute between Granter and Grantee arising by reason of this Franchise, the dispute shall first be referred to the operational officers or representatives designated by Granter and Grantee to have oversight over the administration of this Franchise. The officers or representatives shall meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to attempt to achieve a resolution of the dispute. 13.02 If the parties fail to achieve a resolution of the dispute, either party may then pursue any available judicial remedies, provided that if the party seeking judicial redress does not substantially prevail in the judicial action, it shall pay the other party's reasonable legal fees and costs incurred in the judicial action. Section 14. Indemnification 14.01 General Indemnification. Grantee shall indemnify, defend and hold harmless Granter from any and all liability, loss, damage, cost, expense, and claim of any kind, including reasonable attorneys' and experts' fees incurred by Grantor in defense thereof, arising out of or related to, directly or indirectly, the installation, construction, operation, use, location, testing, repair, maintenance, removal, or abandonment of Grantee's pipeline(s) and/or Facilities, or from the existence of Grantee's pipeline and other appurtenant Facilities, and the products contained in, transferred through, released or escaped from said pipeline and appurtenant Facilities, including the reasonable costs of assessing such damages and any liability for costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any environmental laws. If any action or proceeding is brought against Grantor by reason of the pipeline(s) or its appurtenant Facilities, Grantee shall defend the Grantor at the Grantee's complete expense, provided that, for uninsured actions or proceedings, defense attorneys shall be approved by Grantor, which approval shall not be unreasonably withheld. 14.02 Environmental Indemnification. Grantee shall indemnify, defend and save Grantor harmless from and against any and all liability, loss, damage, expense, actions and claims, either at law or in equity, including, but not limited to, costs and reasonable attorneys' and experts' fees incurred by Grantor in defense thereof, arising directly or indirectly from (a) Grantee's breach of any environmental laws applicable to the pipeline or (b) from any release of a hazardous substance on or from the pipeline or (c) other activity related to this Franchise by Grantee, its agents, contractors or subcontractors. This indemnity includes but is not limited to (a) liability for a governmental agency's costs of removal or remedial action for hazardous substances; (b) damages to natural resources caused by hazardous substances, including the reasonable costs of assessing such damages; (c) liability for any other person's costs of responding to hazardous substances; (d) liability for any costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any environmental laws; and (e) liability for personal injury, property damage, or economic loss arising under any statutory or common-law theory. Section 15. Insurance and Bond Requirements 15.01 During this Franchise, Grantee shall provide and maintain, at its own cost, insurance in the minimum amount of TEN MILLION UNITED STATES DOLLARS ($10,000,000.00) for each occurrence, in a form and with a carrier reasonably acceptable to the Grantor, naming Grantor as an additional insured, to cover any and all insurable liability, damage, claims and loss as set forth in Section 14.01 above, and, to the extent such coverage is reasonably available in the commercial marketplace, all liability, damage, claims and loss as set forth in Section 14.02 above, except for liability for fines and penalties for violation of environmental laws as otherwise provided below. Insurance coverage shall include, but is not limited to, all defense costs. Such insurance shall include, but is not limited to, pollution liability coverage, at a minimum covering liability from sudden and accidental occurrences, subject to time element reporting requirements, and such other applicable pollution coverage as is reasonably available in the commercial marketplace. 15. 02 Proof of insurance and a copy of the insurance policy, including, but not limited to, coverage terms and claims procedures, shall be provided to the Grantor upon their request, prior to the beginning of any substantial work, testing or construction or reconstruction on the Pipeline. Said insurance shall contain a provision that it shall not be canceled without a minimum of thirty (30) days prior written notice to the Gran tor. 15.03 The indemnity, insurance and bond provisions contained herein shall survive the termination of this Franchise and shall continue for as long as the Grantee's Facilities shall remain in or on the Franchised Areas or until the parties execute a new Franchise Agreement which modifies or terminates these indemnity, insurance and bond provisions. Section 16. Receivership and Foreclosure 16.01 Grantee shall immediately notify the Grantor in writing if it: files a voluntary petition in bankruptcy, a voluntary petition to reorganize its business, or a voluntary petition to effect a plan or other arrangement with creditors; files an answer admitting the jurisdiction of the Court and the material allegations of an involuntary petition filed pursuant to the Bankruptcy Code, as amended; or is adjudicated bankrupt, makes an assignment for the benefit of creditors, or applies for or consents to the appointment of any receiver or trustee of all or any part of its property including all or any parts of its business operations, pipeline(s) or Facilities within or affecting the Franchise Area. 16.02 Upon the foreclosure or other judicial sale of all or a substantial part of Grantee's business operations, pipeline(s) or Facilities within or affecting the Franchise Area, or upon the termination of any lease covering all or a substantial part of the pipeline(s) or Facilities within or affecting the Franchise Area, or upon the occasion of additional events which effectively cause termination of Grantee's rights or ability to operate the pipeline(s) or Facilities within or affecting the Franchise Area, Grantee shall notify the Grantor of such fact, and such notification or the occurrence of such terminating events shall be treated as a notification that a change in control of the Grantee has taken place, and the provisions of this Franchise Agreement governing the consent of the Granter to such change in control of the Grantee shall apply. 16.03 The Granter shall have the right to cancel this Franchise one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of a Grantee, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: a) Within one hundred twenty (120) days after the election or appointment, such receiver or trustee shall have fully complied with all of the provisions of this Franchise Agreement and remedied any existing violations and/or defaults; and b) Within said one hundred twenty (120) days, such receiver or trustee shall have executed an agreement, duly approved by the court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise Agreement granted to the Grantee except where expressly prohibited by Washington law. Section 17. Legal Relations 17.01 Nothing contained in th is Franchise shall be construed to create an association, trust, partnership, agency relationship, or joint venture or to impose a trust, partnership, or agency duty, obligation or liability on or with regard to any party. Each party shall be individually and severally liable for its own duties, obligations, and liabilities under this Franchise. 17.02 Grantee accepts any privileges granted by Granter to the Franchise Area, public Rights-of- Way and other Public Property in an "as is" condition. Grantee agrees that the City has never made any representations, implied or express warranties or guarantees as to the suitability, security or safety of Grantee's location of facilities or the facilities themselves in public property or rights of way or possible hazards or dangers arising from other uses of the public rights of way or other public property by the City or the general public. Grantee shall remain solely and separately liable for the function, testing, maintenance, replacement and/or repair of the pipeline or other activities permitted under this Franchise. 17.03 Grantee waives immunity under Title 51 RCW in any cases involving the Grantor and affirms that the Grantor and Grantee have specifically negotiated this provision, to the extent it may apply. 17.04 This Franchise shall not create any duty of the City or any of its officials, employees or agents and no liability shall arise from any action or failure to act by the City or any of its officials, employees or agents in the exercise of powers reserved to the Grantor. Further, this ordinance is not intended to acknowledge, create, imply or expand any duty or liability of the Grantor with respect to any function in the exercise of its police power or for any other purpose. Any duty that may be deemed to be created in the City shall be deemed a duty to the general public and not to any specific party, group or entity. 17.05 This Franchise shall be governed by, and construed in accordance with, the laws of the State of Washington and the parties agree that in any action, except actions based on federal questions, venue shall lie exclusively in Grant County, Washington. Section 18: Public Records Act 18.01 Grantee acknowledges that the City is subject to the Public Records Act, chapter 42.56 RCW (the "Act"). All records owned, used (including inspection of Grantee's records), or retained by the City are public records subject to disclosure unless exempt under the Act, whether or not such records are in the possession or control of the City or Grantee. Grantee shall cooperate with the City so that the City may comply with all of its obligations under the Act. Within ten (10) days after receipt of notice from the City, Grantee shall deliver to the City copies of all records relating to this Franchise that qualify as the City's public records under the Act. If the City receives a public records request relating to this Franchise, the City shall seek to provide notice to Grantee at least ten (10) days before the City releases records pursuant to such public records request, but in no event will the City have any liability to Grantee for any failure of the City to provide timely notice. In addition to its other indemnification and defense obligations under this Franchise, Grantee shall indemnify and defend the City from and against any and all losses, penalties, fines, claims, demands, expenses (including, but not limited to, attorney's fees and litigation expenses), suits , judgments, or damage arising from or relating to any failure of Grantee to comply with this Section. Section 19: Miscellaneous 19.01 In the event that a court or agency of competent jurisdiction declares a material provision of this Franchise Agreement to be invalid, illegal or unenforceable, the parties shall negotiate in good faith and agree, to the maximum extent practicable in light of such determination, to such amendments or modifications as are appropriate actions so as to give effect to the intentions of the parties as reflected herein. If severance from this Franchise Agreement of the particular provision(s) determined to be invalid, illegal or unenforceable will fundamentally impair the value of this Franchise Agreement, either party may apply to a court of competent jurisdiction to reform or reconstitute the Franchise Agreement so as to recapture the original intent of said particular provision(s). All other provisions of the Franchise shall remain in effect at all times during which negotiations or a judicial action remains pending. 19.02 Whenever this Franchise sets forth a time for any act to be performed, such time shall be deemed to be of the essence, and any failure to perform within the allotted time may be considered a material violation of this Franchise. 19.03 In the event that Grantee is prevented or delayed in the performance of any of its obligations under this Franchise by reason(s) beyond the reasonable control of Grantee, then Grantee's performance shall be excused during the Force Majeure occurrence. Upon removal or termination of the Force Majeure occurrence the Grantee shall promptly perform the affected obligations in an orderly and expedited manner under this Franchise or procure a substitute for such obligation or performance that is satisfactory to Grantor. Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. 19.04 The Section headings in this Franchise are for convenience only, and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of the Section to which they pertain. 19.05 By entering into this Franchise, the parties expressly do not intend to create any obligation or liability, or promise any performance to, any third party, nor have the parties created for any third party any right to enforce this Franchise. 19. 06 This Franchise and all of the terms and provisions shall be binding upon and inure to the benefit of the respective successors and assignees of the parties. 19.07 Whenever this Franchise calls for notice to or notification by any party, the same (unless otherwise specifically provided) shall be in writing and directed to the recipient at the address set forth in this Section, unless written notice of change of address is provided to the other party. If the date for making any payment or performing any act is a legal holiday, payment may be made or the act performed on the next succeeding business day which is not a legal holiday. Notices shall be directed to the parties as follows: To the Granter: City of Moses Lake ATTN: City Manager 401 S. Balsam P.O. Box 1579 Moses Lake, WA 98837 To the Grantee: Cascade Natural Gas ATTN: Region Director 200 N. Union Street Kennewick, WA 99336-2212 19.08 The parties each represent and warrant that they have full authority to enter into and to perform this Franchise, that they are not in default or violation of any permit, license, or similar requirement necessary to carry out the terms hereof, and that no further approval, permit, license, certification, or action by a governmental authority is required to execute and perform this Franchise, except such as may be routinely required and obtained in the ordinary course of business. 19.09 This Franchise Agreement and the attachments hereto represent the entire understanding and agreement between the parties with respect to the subject matter and it supersedes all prior oral negotiations between the parties. This Franchise Agreement can be amended, supplemented, modified or changed only by an agreement in writing which makes specific reference to the Franchise Agreement or the appropriate attachment and which is signed by the party against whom enforcement of any such amendment, supplement, modification or change is sought. All previous Franchise Agreements between the parties pertaining to Grantee's Operation of its pipeline(s) and/or Facilities are hereby superseded. 19.1 O Grantee shall, within thirty (30} days after passage of this Ordinance, file with the City Clerk, its unconditional written acceptance of all the terms and conditions of th is Franchise. If Grantee shall fail to so file its written acceptance within such period, then the rights and privileges granted hereunder shall be deemed forfeited. 19.11 The Effective Date of this Franchise shall be the __ day of , 2017, after passage, approval and five (5} days after legal publication of this Ordinance as provided by law, and provided it has been duly accepted by Grantee as herein above provided. ADOPTED by the City Council and signed by its Mayor on the __ day of ___ , 2017. Karen Liebrecht, Mayor ATTEST: Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney Date of Publication: ________ , 2017. UNCONDITIONAL ACCEPTANCE BY GRANTEE: I, the undersigned official of Cascade Natural Gas Corporation, am authorized to bind Cascade Natural Gas Corporation and to unconditionally accept the terms and conditions of the foregoing Franchise (Ordinance No. }, which are hereby accepted by Cascade Natural Gas Corporation this __ day of , 2017. CASCADE NATURAL GAS CORPORATION By:----------- Name: ____________ _ Title:------------- Subscribed and sworn to before me this ___ day of ______ , 2017. Notary Public in and for the State of Washington My commission expires ______ _ Received on behalf of the City this ___ day of----------' 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 I Deputy City Manager September 26, 2017 Motion Resolution -Nuisance Abatement -230 W. Linden Legislative History: September 26, 2017 Motion Attached is a resolution providing for the abatement of a nuisance at 230 W Linden Ave owned by Serge Pashkovsky. The council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which had 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 230 W Linden Ave was found by the Code Enforcement Officer while on routine patrol of the city. In accordance with MLMC 8.14 Nuisances, the sire was inspected and determined to be a nuisance pursuant to MLMC 8.14. See attached June 30, 2017 Notice of Violation and Order to Correct or Cease Activity. Fiscal and Policy Implications N/A Page 1of2 Options Option I -----~·~ Results • Consider the resolution abating the ! Compliance with MLMC 8.14 Nuisances. existing nuisance at 230 ~-Lin~---·--·-·----------- • Consider the resolution and take no i Non-Compliance with MLMC 8.14 Nuisances. . I action. ! i Staff Recommendation Staff recommends that the City Council consider abating the existing nuisance at 230 W Linden and pass the resolution as presented. Attachments I R"o'"'~" No Exhibits 1-2 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. 3699 A RESOLUTION DETERMINING THAT SERGE PASHKOVSKY 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 230 w Linden Ave, Lot 9 Montlake Add #1, Parcel# 101560000, 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 Serge Pashkovsky, 12596 Road C.3 NW, Ephrata WA. 98823. 2. Notice. On June 30, 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 September 7, 2017, the Code Enforcement Officer caused to be delivered to Serge Pashkovsky a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of September 26, 2017. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030.U: Nuisance Defined. Each of the following conditions , unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide 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 September 26, 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 8.14.030.U EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated June 30, 2017 from the Code Enforcement Officer addressed to Serge Pashkovsky 12596 Road C.3 NW, Ephrata, WA 98823. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 230 W Linden Ave, Moses Lake , Washington. EXHIBIT #4: Letter dated September 7, 2017, from the Code Enforcement Officer to Serge Pashkovsky advising the property owner of the hearing regarding abatement of property, scheduled for September 26, 2017. 1. A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 230 w Linden Ave, Moses Lake, Washington. Serge Pashkovsky 12596 Road C.3 NW, Ephrata, WA 98823 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. Weeds in excess of twelve (12) inches. 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. Serge Pashkovsky, 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 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 September 26, 2017. Karen Liebrecht, Mayor ATTEST: Cindy Jensen, Finance Director Ter.rnScan Ta.xSifter -Grant County Washington http://grantwa.taxsifter.com/ Assessor.aspx?key Id= l 662322&parce ... of2 GRANT COUNTY WASHINGTON TAXSIFTER SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(Ol Melissa McKnight Grant County Assessor P. 0. Box 37 Ephrata, WA 98823 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 101560000 Owner Name: Pashkovsky, Serge DOR Code: 11 -Residential -Single Family Address1: 12596 Rd C3 NW Situs: Address2: Map Number: City, State: Ephrata WA Status: Zip: 98823 Description: LOT 9 MONTLAK E ADD # 1 Comment: MLIRD Rate after Levy Certification 2017 Market Value 2017 Taxable Value 2017 Assessment Data Land: Improvements: Permanent Crop: Total $40,000 Land: $0 Improvements: $0 Permanent Crop: $40,000 Total Owner's Name Pashkovsky, Serge Pashkovsky, Serge $40,000 District: $0 Current Use/DFL: $0 Senior/Disability Exemption: $40,000 Total Acres: Ownership Ownership% 100 % 0% Sales History Sale Date Sales Document # Parcels Excise # 229443 Granter Lorang, Sue E Grantee Pashkovsky, Serge Lorang, Sue 03/10/17 1375508 04/11/14 1331701 12/10/08 V: 0 Pg 0 06/06/06 V: 0 Pg 0 05/13/05 V: 0 Pg 0 03/31/91 V: 0 Pg 0 08/09/90 V: 0 Pg 0 08/01/90 V: 0 Pg 0 Year Billed Owner 2017 Pashkovsky, Serge 2016 Lorang, Sue E 2015 Lorang, Sue E 2014 Lorang, Sue E 2013 Earl Etal, Delva M 1 1 3 3 2 217941 Earl, Delva 200819943 NOBLE, ANDREW 200618669 TRACY, BEN/MARIA 200518072 SCHILLBERG, JOAN 199100000 SCHILLBERG, CHARLES T 199000000 199000000 Building Permits No Building Permits Available EARL, DELVA M & LARANG SUE E NOBLE, AN DREW TRACY, BEN/MARIE SCHILLBERG, CHARLES THOR FIN SCHILLBERG, CHARLES THOR FIN Historical Valuation Info Land Impr. PermCrop Value Total Exempt $40,000 $0 $0 $40,000 $0 $40,000 $0 $0 $40,000 $0 $40,000 $0 $0 $40,000 $0 $40,000 $0 $0 $40,000 $0 $40,000 $0 $0 $40,000 $0 0073 -0073 No No Price $32,500 $20,000 $50,000 $45,000 $26,630 Taxable $0 $0 $0 $40,000 $40,000 $40,000 $40,000 $40,000 6/12117, 11:01 AM City of Moses Lake MOSES l..AKE Code Enforcement Division Contact: BRETT HOLLEN Phone: (509) 764-3748 NOTICE TO CORRECT -UNSAFE OR UNLAWFUL CONDITION DATED: Tuesday, June 13, 2017 ISSUED TO: Serge Pashkovsky 12596 Rd C3 NW Ephrata, WA 98823 CASE#: COD2017-0913 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, including Kochia, a noxious weed, are present on this property. Weeds also present in the sidewalk itself where the sidewalk meets the curb. LOCATION OF UNLAWFUL CONDITION LOCATION: 230 WLINDEN MOSES LAKE, WA. LEGAL DESC: Lot 9 Montlake Add# 1 VIOLATIONS 8.14.030.M.5-Noxious weeds PARCEL: 101560000 The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8. 22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 8. 14. 030. U -Maintenance of grasses, weeds, etc Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12'') in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. CORRECTION REQUIRED Kochia must be sprayed to kill the plants. Weeds must be removed from the sidewalk, and cut back 10'from the sidewalk on the property itself City of Moses Lake I 321 S. Balsam Avenue I General Office Number (509)764-3750 You are notified to correct said conditions to the satisfaction of the undersigned by Tuesday, June 27, 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. ;;r~ 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 CITY • P HOSES LAKE PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY DATED: Friday, June 30, 2017 ISSUED TO: Serge Pashkovsky 12596 Rd C3 NW Ephrata, WA 98823 CASE#: COD2017-0913 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS: Weeds in excess of 12" in height, including Kochia, a noxious weed, are present on this property. Weeds also present in the sidewalk itself where the sidewalk meets the curb. The City is requiring these corrections listed on this Notice and Order be accomplished by Friday, July 14, 2017. ACTION NECESSARY TO CORRECT VIOLATION Kochia must be sprayed to kill the plants. Weeds must be removed from the sidewalk, and cut back 1 O' from the sidewalk on the property itself. LOCATION OF UNLAWFUL CONDITION LOCATION: 230 WLINDEN MOSES LAKE, WA. LEGAL DESC: Lot 9 Montlake Add# 1 PARCEL: 101560000 PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLATED 8.14.030.M.5 -Noxious weeds The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8. 22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 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 1.20.110(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 . .,2t,ely_ .... t;J!'7-~· BRETT HOLLEN Code Enforcement Officer MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509)764-3750 DATED: Thursday, September 7, 2017 Serge Pashkovsky 12596 Rd C3 NW Ephrata, WA 98823 RE: Hearing to Permit City Abatement of Nuisance for case file #: COD2017-0913 Property Located at: 230 W LINDEN MOSES LAKE, WA. on Parcel 101560000 Via Regular Mail and Certified Mail Serge Pashkovsky 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 9 Montlake Add # 1 · This property is located at: 230 W LINDEN MOSES LAKE, WA. on Parcel 101560000 On Friday, June 30, 2017 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of Thursday, September 7,. 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, September 26th, 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 document~. 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, 11:~~:.;ffice< 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 September 26, 2017 MOTION Resolution -Nuisance Abatement Costs-1105 E. Hill Avenue Legislative History: September 26, 2017 Motion Attached is a resolution outlining the costs to abate the nuisance at 1105 E. Hill Avenue and authorizing the City to charge the owners of the property for those costs. Background The code enforcement matter at 1105 E. Hill Avenue 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. The owners were given time to correct the nuisance but did not. The city contracted with a private company to clean up the nuisance. Fiscal and Policy Implications N/A Page 1of2 Options -·------.. _. ______ C!_f!!.ion -------·---i------· _____ Resu!_ts ·----------- • Consider the Resolution covering the I Costs will be recovered cost of abatement • Consider the Resolution and take no City will have to absorb the costs of abatement action Staff Recommendation Staff recommends that City Council pass the Resolution as presented. Attachments I Resolution No. Invoice #68114 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 Costs City Attorney Katherine Kenison Page 2 of 2 RESOLUTION NO. 3700 A RESOLUTION ESTABLISHING THE BILLING TO BE IMPOSED AGAINST GORDON BEEMAN AS THE OWNER OF CERTAIN REAL PROPERTY UPON WHICH THE CITY CAUSED ABATEMENT OF A NUISANCE TO BE PERFORMED AFTER A FAILURE OF THE PROPERTY OWNER TO ABATE THE SAME. RECITALS: 1. Real Property Location and Ownership. The records of Grant County show that Gordon Beeman is the owner of property within the city limits located at 1105 E. Hill Avenue. The parcel number of this property is #111026000. Gordon Beeman was provided notice of a hearing held before the City Council on June 27, 2017, to consider the allegations of the Code Enforcement Officer that a nuisance requiring abatement existed on property owned by Gordon Beeman. 2. On June 27, 2017 the City Council conducted a hearing to determine if a nuisance existed on the property at 1105 E. Hill Avenue. At the conclusion of that hearing, the City Council adopted Resolution No.3678 which provided a nuisance existed on the property at 1105 E. Hill Avenue, that the owner had fifteen ( 15) days to abate such nuisance and if the nuisance was not abated within fifteen (15) days of adoption of that resolution, the City would cause the nuisance to be abated and the costs of that abatement to be charged against the property owner. 3. The nuisance identified in Resolution No. 3678 was not abated by the property owner within fifteen (15) days of the adoption of that resolution. On August 15, 2017, the City caused the nuisance identified to be abated through the use of contracted and/or City labor and equipment. RESOLVED: 1. The costs to the City to abate the nuisance identified in Resolution 3678 on the property at 1105 E. Hill Avenue are set forth below. Those costs are derived from the attached documents which detail the costs incurred. 2. The costs to be recovered from Gordon Beeman are: City labor and equipment costs Contracted labor and equipment (company) Total $0.00 $269.75 $269.75 3. This charge is certified by the City Council as due and owing the City. This charge shall be forwarded in writing to Gordon Beeman, 1105 E. Hill Avenue for payment. If payment is not received within thirty (30) days of submittal, the same shall be submitted for collection with other unpaid billings of the City and collected or reduced to judgment on the rolls of Grant County Clerk. Adopted by the City Council on September 26 , 2017. ATTEST: Karen Liebrecht, Mayor Cindy Jenson, Finance Director C"IJM Tatum Lawn Care AWN POBox155 CARE Moses Lake, WA 98837 www.tatumlawncarewa.com City of Moses Lake Attn: P 0 Box 1579 Moses Lake WA 98837 Service Provided Mow down and clean property P.O. No. Invoice# 68114 8/15/2017 OUR BEAUTIFUL SUMMER HAS ARRIVED!! Give us a call if, we can help you have more time to play & relax while we keep your yard looking great. Thank You! Have A Great Day! For your convenience, we offer email invoices. If interested, include your email address wirh your payment. W c would appreciate any updates lex phone numbers or addresses, also. We thank you. Due Upon Receipt Quantity (#, sq ft, lbs, gal) ~ECE l \IED Rate (per) 250.00 RE: 1105 E. Hill Total Plus Tax Below Item totals 250.00 CO M Mi_'l~1TY ,.)EVE! OF1M f NI •• "' <1 .. , •. f ,•JO::• ,;.· ! ._ 1 ! I PL/\l\li"!l\'C l".r T · [~JIL DING C IT Y U I IVl C 3 f S i 1, I\ F Balances 30 days past due are subject to 1.5% interest charge per month. There is a 2% fee for all credit card payments. Subtotal Thank you for allowing us to be of service. Sales Tax (7.9%) Questions? Call 509-762-6771 Total $250.00 $19.75 $269.75 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 September 26, 2017 MOTION Resolution -Nuisance Abatement Costs -1208 S. Alderwood Drive legislative History: September 26, 2017 I M . I ot1on Attached is a resolution outlining the costs to abate the nuisance at 1208 S. Alderwood Drive and authorizing the City to charge the owners of the property for those costs. Background The code enforcement matter at 1208 S. Alderwood 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. The owners were given time to correct the nuisance but did not. The city contracted with a private company to clean up the nuisance. Fiscal and Policy Implications N/A Page 1of2 Options ·---·----Optio'!_____ j Results • Consider the Resolution covering the : Costs will be recovered cost of abatement I Consider the Resolution and take no j City will have to absorb the costs of abatement action I • Staff Recommendation Staff recommends that City Council pass the Resolution as presented. Attachments I Resolution No. Invoice #67528 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 Costs City Attorney Katherine Kenison Page 2 of 2 RESOLUTION NO. 3701 A RESOLUTION ESTABLISHING THE BILLING TO BE IMPOSED AGAINST HOUSING & URBAN DEVELOPMENT AS THE OWNER OF CERTAIN REAL PROPERTY UPON WHICH THE CITY CAUSED ABATEMENT OF A NUISANCE TO BE PERFORMED AFTER A FAILURE OF THE PROPERTY OWNER TO ABATE THE SAME. RECITALS: 1. Real Property Location and Ownership. The records of Grant County show that Housing & Urban Development is the owner of property within the city limits located at 1208 S. Alderwood Drive. The parcel number of this property is #091171000. Housing & Urban Development was provided notice of a hearing held before the City Council on June 13 2017, to consider the allegations of the Code Enforcement Officer that a nuisance requiring abatement existed on property owned by Housing & Urban Development. 2. On June 13, 2017 the City Council conducted a hearing to determine if a nuisance existed on the property at 1208 S. Alderwood Drive. At the conclusion of that hearing, the City Council adopted Resolution No.3675 which provided a nuisance existed on the property at 1208 S. Alderwood Drive, that the owner had fifteen (15) days to abate such nuisance and if the nuisance was not abated within fifteen (15) days of adoption of that resolution, the City would cause the nuisance to be abated and the costs of that abatement to be charged against the property owner. 3. The nuisance identified in Resolution No. 3675 was not abated by the property owner within fifteen (15) days of the adoption of that resolution. On July 20, 2017, the City caused the nuisance identified to be abated through the use of contracted and/or City labor and equipment. RESOLVED: 1. The costs to the City to abate the nuisance identified in Resolution 3675 on the property at 1208 S. Alderwood Drive are set forth below. Those costs are derived from the attached documents which detail the costs incurred. 2. The costs to be recovered from Housing & Urban Development are: City labor and equipment costs Contracted labor and equipment (company) Total $0.00 $242.78 $242.78 3. This charge is certified by the City Council as due and owing the City. This charge shall be forwarded in writing to Housing & Urban Development, c/o Information Systems & Networks, 2401 NW 23rd Street, Suite D, Oklahoma City, OK 73107 for payment. If payment is not received within thirty (30) days of submittal, the same shall be submitted for collection with other unpaid billings of the City and collected or reduced to judgment on the rolls of Grant County Clerk. Adopted by the City Council on September 26, 2017. ATTEST: Karen Liebrecht, Mayor Cindy Jenson, Finance Director Tatum Lawn Care P 0 Box 155 Moses Lake, WA 98837 www.tatumlawncarewa.com City of Moses Lake Attn: E:1,/J= of( G! Mt:. Nr P 0 Box 1579 Moses Lake WA 98837 Service Provided P.O. No. 1208 Alderwood-Mow down weeds and Tree of Heaven shoots for the entire property. Invoice# 67528 7/20/2017 OUR BEAUTIFUL SUMMER HAS ARRIVED!! Give us a call if, we can help you have more time to play & relax while we keep your yard looking great. Thank You! Have A Great Day! For your convenience, WC offer email invoices. rr interested, i11dudc r our email address witlt your paymenl. We would appn:ciale any 11pcl<1tes for phone number!> o r ad dresses. also. \Ve 1l1ank you. Due Upon Receipt Quantity (#, sq ft, lbsl gal) :.< F " E' I \Ir-D 1 , __ 1.._, __ c RE: l 208 Alderwood Total Plus Rate (per) 225.00 Tax Below Item totals 225 .00 COMrv. _:1..J : :-\· Ur.-VELOPMENT PLA N -"i1"t-~ ·\\I: CUiL DING C IT';' ('; : , .'! c~ :;, F S l f\ K F Balances 30 days past due are subject to 1.5% interest cha rge per month. There is a 2% fee for all credit card payments. Thank you for allowing us to be of service. Questions? Call 509-762-677 1 Subtotal Sales Tax (7.9%) Total $225.00 $17.78 $242.78 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 September 26, 2017 MOTION Resolution-Nuisance Abatement Costs -2404 W. Lakeside Drive Legislative History: September 26, 2017 I Motion Attached is a resolution outlining the costs to abate the nuisance at 2404 W. Lakeside Drive and authorizing the City to charge the owners of the property for those costs. Background The code enforcement matter at 2404 W. Lakeside 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. The owners were given time to correct the nuisance but did not. The city contracted with a private company to clean up the nuisance. Fiscal and Policy Implications N/A Page 1of2 Options Option Results • Consider the Resolution covering the Costs will be recovered cost of abatement ----------··---------+----• Consider the Resolution and take no City will have to absorb the costs of abatement action Staff Recommendation Staff recommends that City Council pass the Resolution as presented. Attachments I:. I Resolution No. Invoice #68113 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 Costs City Attorney Katherine Kenison Page 2 of 2 RESOLUTION NO. 3702 A RESOLUTION ESTABLISHING THE BILLING TO BE IMPOSED AGAINST VONA M. GIBSON EST AS THE OWNER OF CERTAIN REAL PROPERTY UPON WHICH THE CITY CAUSED ABATEMENT OF A NUISANCE TO BE PERFORMED AFTER A FAILURE OF THE PROPERTY OWNER TO ABATE THE SAME. RECITALS: 1. Real Property Location and Ownership. The records of Grant County show that Vona M. Gibson Est is the owner of property within the city limits located at 2404 Lakeside Drive. The parcel number of this property is 110890000. Vona M. Gibson, Est was provided notice of a hearing held before the City Council on June 27, 2017, to consider the allegations of the Code Enforcement Officer that a nuisance requiring abatement existed on property owned by Vona M. Gibson Est. 2. On June 27, 2017 the City Council conducted a hearing to determ ine if a nuisance existed on the property at 2404 Lakeside Drive. At the conclusion of that hearing, the City Council adopted Resolution No. 3679 which provided a nuisance existed on the property at 2404 Lakeside Drive, that the owner had fifteen (15) days to abate such nuisance and if the nuisance was not abated within fifteen (15) days of adoption of that resolution, the City would cause the nuisance to be abated and the costs of that abatement to be charged against the property owner. 3. The nuisance identified in Resolution No. 3679 was not abated by the property owner within fifteen (15) days of the adoption of that resolution . On August 15, 2017, the City caused the nuisance identified to be abated through the use of contracted and/or City labor and equipment. RESOLVED: 1. The costs to the City to abate the nuisance identified in Resolution 3679 on the property at 2404 Lakeside Drive are set forth be low. Those costs are derived from the attached documents which detail the costs incurred. 2. The costs to be recovered from Vona M. Gibson Est are: City labor and equipment costs Contracted labor and equipment (company) Total $0.00 $161 .85 $161.85 3. This charge is certified by the City Council as due and owing the City. This charge shall be forwarded in writing to Vona M. Gibson Est, 2404 W. Lakeside Drive for payment. If payment is not received within thirty (30) days of submittal, the same shall be submitted for collection with other unpaid billings of the City and collected or reduced to judgment on the rolls of Grant County Clerk. Adopted by the City Council on September 26, 2017. ATTEST: Karen Liebrecht, Mayor Cindy Jenson, Finance Director Tatum Lawn Care P 0Box155 Moses Lake, WA 98837 www .tatumlawncarewa.com City of Moses Lake Attn: P 0 Box 1579 Moses Lake WA 9883 7 Service Provided Mow down property P.O. No. Invoice# 68113 8/15/2017 OUR BEAUTIFUL SUMMER HAS ARRIVED!! Give us a call H, we can help you have more time to play & relax while we keep your yard looking great. Thank You! Have A Great Day! For your convenience, we offer email invoices. Ir interested, include your email a<l<lress wilh your payment. We would appreciate <my updates for phone numbers or addresses, also. \Ve thank you. Due Upon Receipt RE: 2404 W. Lakeside Total Plus Quantity Rate Tax Below (#, sq ft, lbs, gal) (per) Item totals 150.00 150.00 RECEl\/ED COMMUNITY r r ' 'ELOPMENT PLANt Jli .. JS .. -J:) f3UILDll\!G C !TY OF fv1 'JSE S LAl(F Balances 30 days past due are subject to 1.5% interest charge per month. There is a 2% fee for all credit card payments. Thank you for allowing us to be of service. Questions? Call 509-762-6771 Subtotal Sales Tax (7.9%) Total $150.00 $11.85 $161.85 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 September 26, 2017 MOTION Resolution -Nuisance Abatement Costs -1244 S. Division Street Legislative History: September 26, 2017 Motion Attached is a resolution outlining the costs to abate the nuisance at 1244 Division S. Street and authorizing the City to charge the owners of the property for those costs. Background The code enforcement matter at 1244 S. Division Street was found by the Code Enforcement Officer while on routine patrol of the city. In accordance with MLMC 8.14.080 Immediate Danger -Summary of Correction, the site was inspected and determined to be an Imminent or immediate danger to the health and safety of the public. The owners were given time to correct the nuisance but did not. The city contracted with a private company to clean up the nuisance. Fiscal and Policy Implications N/A Page 1of2 Options Option -~-_L-R._e_su_l_ts ________ _ • Consider the Resolution coveringtheTCOsts will be recovered cost of abatement I • Consider the Resolution and take no "'totv will have to absorb the costs of abatement action I Staff Recommendation Staff recommends that City Council pass the Resolution as presented. Attachments A. Resolution No. B. Exhibit #1 Pictures taken by Code Enforcement c. Exhibit #2 Tatum Lawn Care Invoice #66648 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 Costs City Attorney Katherine Kenison Page 2 of 2 RESOLUTION NO. 3703 A RESOLUTION DETERMINING THAT KENDRA LUTHER AND LINDA LUCAS ARE THE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING SUMMARY ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTED ON SUCH PROPERTY WHICH REQUIRED THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND RECITALS: 1. Real Property Location and Ownership. It is alleged by Code Enforcement Officer, Rick Rodriquez of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 1244 S. Division Street (Lot 11, Broad Ripple #1 ), 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 and Linda Lucas, 21444 301h Avenues .. SeaTac, WA 98198-6030. 2. NOTICE: On June 05, 2017, Code Enforcement Officer, Rick Rodriguez determined that the nuisance on the property, weeds in excess of 12", was an immediate danger to the health and safety of the public. The nuisance was corrected by removal of the weeds. 3. VIOLATION: Jt has been established that a nuisance existed on the property and was corrected by the City of Moses Lake. 4. EVIDENCE: EXHIBIT #1 : Pictures taken by Code Enforcement Officer, Rick Rodriguez of the property located at 1244 S. Division Street, Moses Lake, Washington. EXHIBIT #2: Tatum Lawn Care Abatement Invoice #66648 for $124.09. RESOLVED: 1. A public nuisance in violation of MLMC 8.14.030 U existed on the subject property at 1244 S. Division Street, Moses Lake, Washington. Kendra Luther and Linda Lucas, 21444 3051h Avenue 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 constituted an immediate danger to the safety of the public by obstructing vehicular view and consisted of: 2.1 . Weeds over 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 tranqu ility of the residents of the City impacting the quality of life and diminishing property values. 4. The City of Moses Lake caused the nuisance to be abated due to immediate danger to the health and safety of the public. 5. 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 September 26, 2017. Karen Liebrecht, Mayor ATTEST: Cindy Jenson, Finance Director Invoice# 66648 CUM Tatum Lawn Care WN POBox155 ~.,g Moses Lake, WA 98837 l 6/20/2017 j www.tatumlawncarewa.com / City of Moses Lake Attn: P 0 Box 1579 Moses Lake WA 98837 P.O. No. Service Provided Alas, it looks like fall will be sneaking in soon. Calls will be coming soon to update our irrigation winterizing lists. Feel free to call & give us the OK to do your system. Thank You! Have A Great Day! / For your convenience, we offer email invoices. If .... inlerested, include your em.ail address with your payment We would appreciate any updates for phone numbers or addresses, also. We thank you. Due Upon Receipt Quantity (#, sq ft, lbs, gal) RE: 1244 Division Rate (per) Total Plus Tax Below Item totals 6/15 Mow down weeds along sidewalks. 115.00 115.00 RECF!\/ED COMMUN! Y GEVELOPMEN-u ' l l I 1 ] : '. 1/ ~ . PL/\NNJr\i 3 AND 1:3U!LDING CITY o -MOSES LAKF. Balances 30 days past due are subject to 1.5% interest charge per month. There is a 2% fee for all credit card payments. Thank you for allowing us to be of service. Questions? Call 509-762-6771 Subtotal Sales Tax (7 .9%) Total $115.00 $9.09 $124.09 c 0 ·-en