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2017 10 10HOSES LAKE Moses Lake City Council Karen Liebrecht, Deputy Mayor I Ryann Leonard, Council Member I David Curnel, Council Member I Don Myer, Council Member Mike Norman, Council Member Open House -Civic Center Auditorium October 10, 2017, 6 PM Open House - 6 PM Transportation Benefit District (TBD) -Proposition No. 1 Open House Presented by City Manager John Williams/ Municipal Services Director Fred Snoderly Summary: To discuss and share information about the 2017 November Ballot -TBD Proposition No. 1 with the Public The City of Moses Lake is hosting an open house in the Civic Center Auditorium to discuss its proposal to fund a Transportation Benefit District with a .02 sales tax increase. The measure will be on the 2017 November General Election Ballot. The Moses Lake City Council encourages community members with questions to join us in the Civic Center Auditorium before casting their ballots. City Council Meeting Agenda October l 0, 2017 -Civic Center Council Chambers Call to Order -7:00 pm Roll Call Pledge of Allegiance Summary Reports: Mayor's report Additional Business City Manager's Report • Budget Presented • FCS Group Presentation -Cost of Service Study October 10, 2017, City Council Meeting-Page 2 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. tll Public Hearing a. b. Approval of Minutes -September 26, 201 7 Council Meeting Approval Bills and Checks Issued c. Set Date for Public Hearing -Property Taxation d. Set Date for Public Hearing -2018 Preliminary Budget e. Request to Accept Seal Coat Project -2017 f. Request Authorization -Repaving Project -Larson Recreation Center Parking Lot t/2 Ordinance -Vacate Right-of-Way-Fig & Commercial St-Beck Presented by Gil Alvarado, Deputy City Manager Summary: Open a Public Hearing and take testimony regarding vacation of right-of-way Old Business t/3 Ordinance -Cascade Natural Gas Franchise Agreement Motion Presented by Katherine Kenison, City Attorney Summary: Council to review and adopt ordinance as presented t/4 Ordinance -Amend MLMC Chapter 5.04 Business License Regulations Motion Presented by Cindy Jensen, Finance Director Summary: Council to review and ad opt ordinance as presented New Business #5 Ordinance -Amend MLMC Chapter 12.36 -Park Regulations Presented by Katherine Kenison, City Attorney Summary: Council to review and consider adop ting ordinance as presented Administrative Report Council Communications and Reports Executive Session Adjournment MOSES LAKE CITY COUNCIL September 26 , 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 , and David Curnel. Absent: Council member Norman. Action taken: Council member Leonard made a motion to excuse Council member Norman from tonight's meeting, seconded by Council member Curnel, and passed unanimously. PLEDGE OF ALLEGIANCE: Council member Curnel, led the Council in the pledge of allegiance. SUMMARY REPORTS: MAYOR'S REPORTS -None ADDITIONAL BUSINESS -None CITY MANAGER'S REPORTS Lodging Tax Advisory Committee -Chair Appointment Mayor Liebrecht informed Council of the current vacant seat with the Lodging Tax Advisory Committee and a Council member must be present as chair on this committee. Action taken: Council member Curnel nominated Council member Leonard as Chair of the Lodging Tax Advisory Committee, seconded by Council member Myers, and passed unanimously. Urban Growth Area -Utility Extension Deputy City Manager, Gil Alvarado presented a request to the Council in regards to property annexed into the city limits with no water and sewer services from the city and the property owner wishes to install a septic system on the property. The property is located in the Cascade Valley area and there are no current main lines of water or sewer servicing that area. The property owner is requesting to install a septic system in order to develop the lots. Moses Lake Municipal Code currently does not allow properties within city limits to install septic systems. Mr. Alvarado explained this unique situation regarding the location of the annexed area and the difficulty the property owner is facing with or without sewer service. Public Input: Mr. Greg Littlefield, 3343 Valley Rd NE and Mr. Wayne Ostler, 249 N. Elder, Moses Lake, WA -spoke in favor of allowing septic systems and wells to areas annexed within city limits who are currently without nor in the foreseeable future of receiving city utilities. Considerable discussion with Council. CITY COUNCIL MINUTES -September 26, 2017 Action taken: Council concurs that City Staff needs to do some research, find relief for those property owners who are annexed into the city limits, currently without city utilities and bring back a proposal to the Council for approval. CITIZEN'S COMMUNICATIONS -None CONSENT AGENDA a. Minutes: The minutes of the September 12, 2017 meeting were presented for approval. b. Approval of Claims. Prepaid Claims, Checks, and Payroll: Vouchers audited and certified by the Finance Director as required by RCW 42.24.080, and those expense reimbursement claims, certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council for approval and is retained for public inspection at the Civic Center. As of September 26, 2017 the Council does approve for payment claims in the amount of $344,934.23; prepaid claims in the amounts of $5,364.37; claim checks in the amount of $1 ,987,885.90; and payroll in the amount of $361,659.38. c. Resolution -Set Date for Public Hearing -Vacating Right of Way -Mann & Eilers A public hearing was set for October 24, 2017 to consider the Right of Way Vacation on Fig and Commercial Street adjacent to Lot 2, Penhallurick addition. Action Taken: Council Member Curnel moved that the Consent Agenda be approved, seconded by Council Member Leonard, and passed unanimously. PUBLIC HEARING #2 Resolution -Declare Certain Personal Property Surplus A resolution was presented to Council which would declare certain personal property surplus ready for auction. The City has provided a list of equipment, materials and miscellaneous items that will be auctioned off. Action Taken: Councilmember Leonard moved to accept Resolution No. 3697 as presented, seconded by Council member Curnel, motion passed unanimously. NEW BUSINESS #3 Resolution -Request to Dispose -Surplus Materials, Equipment. and Misc Items A resolution was presented to Council which would declare certain property surplus ready for auction. Action Taken: Councilmember Curnel moved to accept Resolution No. 3704 as presented, seconded by Council member Myers, motion passed unanimously. #4 Request for Sign/Rock Placement on Right of Way -Colville Fuels (Tabled) Action Taken: Councilmember Curnel moved to remove this agenda item from the table for discussion , seconded by Council member Myers, motion passed unanimously. pg.2 Cl fY COUNCIL MINUTES -September 26, 2017 --------- A request from Colville Fuels, LLC was presented to Council wishing to receive authorization to place a sign within city right-of-way. Placement of signs and/or any encroachments within city right-of-way must be considered and approved by Council. Mr. Chris O' Neil, Chief Operating Officer from Colville Fuels was present to answer any questions Council or City staff may have in regards to this matter. Considerable discussion by Council. Action Taken: Councilmember Leonard motioned to approve the request, direct staff to work with the tribe to make sure our interest are protected safety wise, and authorize the City Manager to develop and execute an agreement on behalf of the Council allowing the rock to stay, seconded by Council member Myers, motion passed with a 3 to 1 vote. Nay -Council member Curnel #5 Ordinance -Amend MLMC 1.20 Civil Code Enforcement An ordinance was presented which would provide more effective enforcement and voluntary compliance. The ordinance amending Chapter 1.20 of the Moses Lake Municipal Code entitled Civil Code Enforcement was read by title only. Action taken: Councilmember Leonard moved to adopt Ordinance No. 2870 as presented, seconded by Council member Curnel, motion passed unanimously. #6 Ordinance -Amend MLMC Chapter 8.52.050 Vehicle Repair-Residential An ordinance was presented which would clarify what constitutes "minor" work under section C of this ordinance. This amendment would clarify 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. The ordinance amending Chapter 8.52.050 of the Moses Lake Municipal Code entitled Vehicle and Equipment Repair on Residential Premises of Chapter 8.52 of the Moses Lake Municipal Code titled Residential Vehicle Storage was read by title only. There was some discussion by the Council. Action taken: Council member Curnel made a motion to adopt Ordinance No. 2871 as presented, seconded by Council member Leonard, motion passed unanimously. #7 Resolution -Amend the 2018 -2023 6 YR Transportation Improvement Program A resolution was presented which adopts the amended 2018-2023 Six Year Transportation Improvement Program. The resolution to amend Resolution 3625 Transportation Improvement Program for 2018-2023 was read by title only. There was some discussion by the Council. Action Taken: Council Member Leonard moved to accept Resolution No. 3698 as presented, seconded by Council Member Curnel, and passed unanimously. pg.3 CITY COUNCIL MINUTES -September 26. 2017 #8 Moses Lake Municipal Airport Leases City Attorney, Katherine Kenison presented an amended version of the Moses Lake Municipal Airport Lease as Council had requested at the last council meeting. 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. The airport lease terms should be consistent with statutory and municipal code provisions, including rental amounts that reflect fair market value, and should provide adequate protection for the City from liability. Considerable discussion by Council. Action Taken: Council member Leonard moved to accept the Municipal Airport Leases as presented, seconded by Council member Curnel, motion passed with a 3 to 1 vote. Nay-Mayor Liebrecht #9 Request Notice of Petition & Request to Annex Row Crops, LLC submitted a Notice of Intent to Annex and a Petition for Annexation for 61.42 acres of property located east of Road L and South of Wheeler Road. Deputy City Manager, Gil Alvarado, stated that this property is within the City's Urban Growth Area and it is appropriate to annex in accordance with the adopted Moses Lake Comprehensive Plan Goals and Policies. Considerable discussion by Council. Action Taken: Council Member Leonard moved that the Notice be receipted and accepted and the Petition be accepted, seconded by Council Member Myers, and passed unanimously. #10 Request to Award Sidewalk & Ramp Repair Project -2017 The City received seven (7) bids for the Sidewalk and Ramp Repair Project for 2017. 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. Action Taken: Council Member Curnel moved to award bid to DW Excavating, Inc., in the amount of $496,376.06, seconded by Council Member Myers, and passed unanimously. #11 Ordinance -Amend MLMC Chapter 5.04 Business License Regulations An ordinance was presented which would allow city staff to issue citations according to the recent changes to Moses Lake Municipal Code Chapter 1.20 Civic Code Enforcement. Changes to the ordinance would make it more efficient to respond to repeat offenders and seek injunctive relief through the courts where appropriate. Considerable discussion by Council. No action taken. 1st presentation. pg.4 CITY COUNCIL MINUTES -September 26, 2017 ---------- #12 Ordinance -Cascade Natural Gas Franchise An ordinance was presented which would allow the City of Moses Lake to grant 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. Considerable discussion by the Council. No action taken. 1st presentation. #13 Resolution -Nuisance Abatement-230 W. Linden Ave A resolution was presented which provides for the abatement of nuisances at 230 W. Linden Ave., owned by Serge Pashkovsky. Rick Rodriguez, Code Enforcement Officer, was sworn in and provided testimony concerning the nuisance violations. There was no other testimony. The hearing was closed. The resolution determining that Serge Pashkovsky is the owner of certain real property within the City; that a nuisance requiring abatement by City forces contracted by the City exists on such property; and directing the use of such forces to abate the nuisance found was read by title only. Action taken: Council member Leonard moved to accept Resolution No. 3699 as presented, seconded by Council member Curnel, motion passed unanimously. #14 Resolutions -Nuisance Abatement Costs - 4 properties/4resolutions Four (4) resolutions were presented which affirms the Council's prior authorization to staff to collect the funds expended for the nuisance abatements at 1105 E. Hill Ave., 1208 S. Alderwood Dr., 2404 W. Lakeside Dr., and 1244 S. Division St. The resolutions establishing the billing to be imposed against Gordon Beeman, HUD, Vona M. Gibson Estate, Kendra Luther and Linda Lucas, as the owners 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 was read by title only. Action taken: Council member Leonard moved to accept Resolution No. 3700 as presented, seconded by Council member Curnel, motion passed unanimously. Action taken: Council member Curnel moved to accept Resolution No. 3701 as presented, seconded by Council member Myers, motion passed unanimously. Action taken: Council member Leonard moved to accept Resolution No. 3702 as presented, seconded by Council member Curnel, motion passed unanimously. Action taken: Council member Curnel moved to accept Resolution No. 3703 as presented, seconded by Council member Myers, motion passed unanimously. pg. 5 CITY COUNCIL MINUTES -September 26, 2017 ADMINISTRATIVE REPORTS Kittleson Road Update City Manager John Williams gave a status to Council regarding Kittleson Road. There have been some difficulty obtaining permits, reviewing and processing legal documents due to a Department of Natural Resources (DNR) right-of-way through that area. City Attorney Katherine Kenison is now involved to assist with the process. Municipal Services Department is researching records to satisfy the needs from the State Attorney's office to obtain a legal right-of-way and complete the construction on Kittleson Road. There is concern for the delayed process because we are fast approaching another winter season with the inability to fix the current potholes in this area. COUNCIL COMMUNICATIONS AND REPORTS-None EXECUTIVE SESSION -None ADJOURNMENT: The regular meeting was adjourned at 9:09 pm. Karen Liebrecht, Mayor (Acting) ATTEST Cindy Jensen, Finance Director pg.6 To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Cindy Jensen, Finance Director October 10, 2017 Motion Set Date for Public Hearing -Property Taxation Legislative History: I October 10, 2017 I . I Motion The City Council shall meet on November 14, 2017 at 7 pm in the Council Chambers pursuant to RCW 84.52.020 and 84.52.070; hold a public hearing to consider the estimated amount to be received by the City from taxes on assessed valuations for property located within the City of Moses Lake. Staff Recommendation Staff recommends Council approve the date set for a public hearing to discuss property taxation. Page 1of1 To: From: Date: Proceeding Type: Subject: • First Presentation: • Public Hearing -Scheduled • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Cindy Jensen, Finance Director October 10, 2017 Motion Set Date for Public Hearing-2018 Preliminary Budget Legislative History: October 10, 2017 Yes -November 14th & 2gth j Motion The City Council shall meet on November 14, 2017 at 7 pm in the Council Chambers to hold a public hearing in the matter of 2018 Preliminary Budget. The City Council shall also meet on November 28, 2017 to hold a 2nd public hearing in the matter of the 2018 Budget. Any taxpayer will have the right to appear and provide written and oral comments for or against any part of the budget and ask questions concerning the entire budget at the public hearings. Staff Recommendation Staff recommends Council accept the dates set for public hearings regarding the 2018 Budget. Page 1of1 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 October 10, 2017 MOTION Request To Accept Seal Coat Project-2017 Legislative History: October 10, 2017 Motion Granite Construction, Inc. has completed work on the Seal Coat Project-2017 and it is ready to be accepted. Background The project consisted of chip sealing and fog sealing 156,800 square yards of City Streets. The work was awarded in the amount of $683,300.00 and the final contract amount is $627,219.10. The cost savings was due to over estimating the quantity of rock and oil needed to complete the work. We did not reduce the area of streets completed with the project. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Page 1of2 Options Option Results • Approve a motion to accept the The 60 day lien period will begin . project. I -----------------·---• Take no action . ·-~~~~ct won1 be accept~d atthi;-ti;,-e-. -- 1 Staff Recommendation Staff recommends accepting the Seal Coat Project-2017. Attachments A. None Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by legal Counsel • Page 2 of 2 To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Fred Snoderly, Municipal Services Director October 10, 2017 Motion Authorize Staff to proceed with re-paving project of Larson Recreation Center Parking Lot Legislative History: I October 10, 2017 I Motion Staff requests that $150,000 be allocated from other areas in the current budget to augment the $14,091.74 received from FEMA to reconstruct the Larson Recreation Center Parking Lot. Background The Larson Recreation Center Parking Lot is in need of major repairs. The parking lot was originally constructed by private owners prior to it being acquired by the City. The parking lot has been in poor condition for several years and sustained major damage this past winter due to the unusually harsh conditions. The City applied for and received $14,091.74 from FEMA to patch the areas that came apart this past winter. After investigating the condition of the parking lot, it was discovered that the original construction is substandard. There is no visible rock base under the thin asphalt layer. The current condition of the surface is so damaged that it would be dangerous to equipment to conduct snow removal operations for the upcoming winter. Page 1of2 To patch this parking lot would be a temporary repair, at best. Staff recommends that the entire parking area be replaced. This would also allow the stormwater drainage to be modified to allow catch basins ahead of the drywells in compliance with our stormwater regulations. Fiscal and Policy Implications $150,000 would be re-allocated in the Parks and Recreation Budget to cover the cost of the project. Options _____ 0-'P._t_!~.'.!. __________ j_ _____________ _!esults ----·---- • Authorize Staff to contract work. Larson Recreation Center Parking Lot is reconstructed. --------~----------+-------------·----• Take no action. Dam aged Parking Lot is patched with FEMA money. Staff Recommendation Staff recommends Council to authorize repaving of the Larson Recreation Center Parking Lot with available funds. Attachments A. Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Page 2 of 2 To: From: Date: Proceeding Type: Subject: • 1•1 Presentation CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Dir. I Deputy City Manager October 10, 2017 Public Hearing Ordinance -Right of Way Vacation -Commercial & Fig -Beck legislative History: • 2"d Presentation/Public Hearing September 12, 2017 -Set Date for Public Hearing October 10, 2017 -Public Hearing • 3rd Presentation Staff Report Summary: Attached is a request from Larry Beck to vacate (10') ten feet of Right-of-Way (ROW), on Fig Street and the southeasterly side of Commercial Street, Lot 3 Penhallurick Addition, adjacent to parcel #110784000. A public hearing has been published and posted to consider the matter. See attached Ordinance vacating described Right-of Way. Public utilities and municipal departments were notified, and have provided comment as part of the record. Background Larry Beck 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 ___________________ _pptiC?._f!________________ I -·------------· Resul~s__ _________ _ • Consider the request to vacate Rowl rhe adjacent lot would have a more defined and set a public hearing. use for future development. ----------·-----• Take no action. Staff Recommendation I ROW remains as is and unimproved at this time City Staff recommends that the City Council approve the request for vacation of Right of Way with the requirement recommended by the Development Engineer. Attachments A. Ordinance B. Exhibit A c. City of Moses Lake Development Engineer Comments D. Application Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Ordinance Vacation of Right-of-Way Katherine Kenison, City Attorney Page 2 of 2 ORDINANCE AN ORDINANCE VACATING A PORTION OF RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following described public right-of-way shall be vacated: A portion of the northeasterly 10 feet of Fig Street, and the southeasterly 10 feet of Commercial Street adjacent to a portion of Lot 3, Penhallurick Addition. The northeasterly 1 O feet of Fig Street, and the northwesterly 10 feet of the northwesterly 60.13 feet of Commercial Street as show on Exhibit A. Parcel numbers #110784000 Section 2. The city shall be compensated for one half the purchase price of the vacated property. The vacation shall not become effective until the required compensation is received by the City. Section 3. 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 October 24, 2017. ATTEST: Karen Liebrecht, Mayor Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney I i __./ \ .,/ I \ \ LOT 1 1~-~ --( IN FEET ) 1 inch = 100 feet \ \ \ \ \ \ / // OWNER(S): BECK, LARRY C PARCEL #: 110784000 SITUS: UNKNOWN RECEIVED COMMUNIT' IJEVELOPMENT pt "' . ,, 'GI' .. 11 ' IJ'' DING . , r -........ .. ·- TO: FROM: RE: ME M 0 RAND U M REC,.._ '!ED CITY OF MOSES LAKE COMMUN Ir ,-,, ,, .. O DEVELOPMENT ENGINEERING DIVISION . -.. PM ENT October 3, 2017 Assistant Planner, Billie Jo Munoz p~~, . -· .. 0/LDING . ··· .-1-:.S LAKE Development Engineering Manager, David L. Thompso~ REQUEST TO VACATE PUBLIC RIGHT OF WAY PORTION OF COMMERCIAL STREET AND FIG STREET 630 EAST BROADWAY AVENUE TX#4659, LOT 3, PENHALLURICK ADDITION Development Engineering has the following comments in regard to the proposed requests to vacate a portion of Commercial Street and Fig Street. The City should only consider vacating 10 feet on either side of Fig Street and the southeasterly side of Commercial Street. This will maintain the alignment of the centerline of the undeveloped portion of Fig Street with the existing developed portion of Fig Street on the southeasterly side of East Broadway Avenue. Future street improvements on Fig Street would include removing and replacing the existing curb radius/curb ramps on the northwesterly side of Broadway to serve the minimum 38 foot wide curb to curb width for Fig Street per current Community Standards. Both parcels wishing to vacate the right of way are within existing platted lots. Typical practice on current plats is to dedicate a ten foot wide public utility easement along the frontage of lots on public streets. The right of way to be vacated should have public utility easements retained for future utility construction. If you have any questions or require any additional information please contact me at your earliest convenience. cc: Municipal Services Director, Community Development Director, Assistant Planner-Dan Leavitt, Community Development Secretary~ Lori Witters LA Ni ·sE ACTION Fee~. 'dule (check box) APPLICA TION RL . ,.._ . '~.---l c.'' • ' .. -0 Annexation $400 MOSES LAKE -•-..-... ~ ~ ... -' ,-, 0 MM UN v ' ' r:." . r.-. " _, i\ '1 ENT \.._., . ' ' , . ··-'-· __/ , .. 1 .. -0Appeals $350 D Administrative Appeal $500 ALS17 "'.Ji7 ~ D Binding Site Plan $1,000 PLANl\ING /\ND BUl ~G D Boundary Une Adjustment $250 D Environmental Checklist $250 CITY OF MOSES LAKE D Environmental Impact Statement $500 D Comprehensive Plan Amendment -Text $800 Permit# D Comprehensive Plan Amendment-Map $1,000 D Conditional Use Permit $1,000 PROPERTY OWNER{S) 0 Development Agreement $1,500 Name: Larry Beck 0 Planned Unit Development $1,000 Address: 700 E Broadway Ave D Public Hearing Not Otherwise Specified $60 City: Moses lake State: WA Zip 98837 I!! Right of Way Vacation $200 Phone#: 509-927-7718 D Shoreline Management Application $100 Email: larrycbeck@hotmail.com D Substantial Development and/or CUP +$200 l(we)(Signatu~ D Exemption NoAd<fijlon3I Date: 'f:r f u/1/rJ1 '? Fee ReqUired Signature:/ ~ '--fZ=-.... D Variance + $100 I Signature: Date: Subdivision Application D Preliminary Short Subdivision 1-4 Lots $300 Do hereby affirm and certify, under penalty of perjury, that I am one (or more) of the D Preliminary Short Subdivision 5-9 Lots $500 owners or owner under contnct of the below described property and that the foregoing sbtemenu and ans-rs are In all respects true and correct on my D Preliminary Major Subdivision $500 infonnation and belief as to those matters. I believe it to be true. D Final Short Subdivision $200 APPLICANT 0 Final Major Subdivision $400 Name: Same as above D Zone Change Request $1,000 Address: f f; 71 i ~. /VI I C./41-v1 J.r+ """· D Zoning Variance $100+ + cost of notification, publishing, and Hearing Actual City: f"'I t CA State: l+JB Zip ?9~ 23 Costs Examiner's Fee Phone#: 5°Q 'I f2"2 -'1 7 l 8" Email: c c.4 ~ c. lc. 'e, /.f. /.MLJ.. -f, Go"" PROJECT NAME AND SUMMARY Commerce & Fig Street Vacation of Right--0f-Way Signature:==~'= .___.. Date: ~M AUTHORIZED REPRESENTATIVE Company: Columbia Northwest Engineering PS Contact: Wayne Ostler Address: 249 N Elder PROPERTY INFORMATION City: Moses Lake State: WA Zip98837 Phone#: 509-766-1226 Property Address: 700 E Broadway Email: wayne.osUer@cnweng.com Section: 14 Township 19 N Range2B E PLANNING DEPARTMENT CONTACTS Anne Henning, Senior Planner ?n£.nni!.lflG:':i!Y.~/.1~1.·~;:;r.1 Asssesor's Parcel# 11-1784-000 Daniel Leavitt, Associate Planner Jls&;11:t(Wclt,1cfrni.ct:!T Existing Zoning Commercial Area Total (SF) 39190 Billie Munoz, Assistant Planner brn;~n1;;§·ci tvof-ni.c('ri Planning Office Main Number: 509-764-3750 ~~ Revised 02/8/17 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 October 10, 2017 Motion Ordinance -Approving Cascade Natural Gas Franchise Legislative History: j September 26, 2017 i October 10, 2017 ! Motion 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. On September 26, 2017, this ordinance was presented to Council for consideration. Options Option I Results ------·---··-·---·------·---·---·-·-·--·-·--·-·--·-··-·-··-·--·-·-··-r -·--·-·------·--·-·-·--·---·-· . -·--·-··--··-·-----·--·-- • Approve the Ordinance with or r Staff will implement the franchise agreement I without additional changes ! and CNGC will continue to operate within the ! City ROW's pursuant to the terms of the new I franchise agreement. i Page 1of2 • Take no action. CNGC will continue to occupy the City ROW's as holdover tenants under the terms of the expired franchise agreement until/unless staff is directed to terminate the relationship. Staff Recommendation Staff recommends Council 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. 2872 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 "G rantor"); 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 repamng 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 Public Properties shall mean the present and/or future property owned or leased by Grantor within the present and/or future corporate limits or jurisdictional boundaries of the Grantor. 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 Grantor 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 Grantor shall not grant any other Franchise, license, easement, or permit that would unreasonably interfere with 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 Grantor 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 Granter 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 Facilities 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 Grantor 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 Grantor 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 permit 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 Granter 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 Granter 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 Grantor 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 constituting a safety hazard, or a Grade 1 leak as defined by WAC 480-93-18601, as now enacted or hereafter amended, within one (1) business day of its observation or detection. 9.06 Leaks, spills, ruptures and other emergencies shall be investigated as required by applicable state and federal regulations. Section 10. Relocation 10.01 In the event that Granter 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 Granter or any other governmental agency, undertakes any improvement project and the Granter determines that the project might reasonably require the relocation of Grantee's Facilities, Granter 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 Granter 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 Granter 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 11.1 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 unless Granter has given written authorization to abandon the pipeline and/or Facilities in place. Any pipeline authorized to be abandoned in place shall, at a minimum, be purged and sealed in compliance with any applicable laws or regulations. No pipelines and/or Facilities shall be abandoned in place within the same right of way that any new or replacement pipelines and/or Facilities are to be located. 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 required 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), Granter 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 Grantor. 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 Grantor at law or equity. 12.02 Grantor may terminate this Franchise if Grantee materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this franchise, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, or fails to promptly pay all taxes legally levied by the City, and fails to cure 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 full 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 further 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 Grantor and Grantee arising by reason of this Franchise, the dispute shall first be referred to the operational officers or representatives designated by Grantor 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 Grantor 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 Grant or 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 Grantor. 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 Grantor to such change in control of the Grantee shall apply. 16.03 The Grantor 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 this 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 Granter and affirms that the Granter 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 Granter. 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 Grantor: 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 this 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 10th day of October, 2017. ATTEST: Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney Date of Publication: ________ , 2017. Karen Liebrecht, Deputy Mayor 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 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 Cindy Jensen, Finance Director October 10, 2017 Motion Ordinance -Amend MLMC 5.04 Business License Regulations Legislative History: September 26, 2017 October 10, 2017 Motion The penalty for violations of MLMC Chapter 5.04, Licensing Regulations regarding business licenses, requires that the Finance Director issue a Notice of Violation and Order to Pay, with the appeal to the Hearing Examiner. To achieve consistency with the recent changes to Chapter 1.20 and to provide more effective enforcement, staff is proposing the attached amendments to section 5.04.100. Under the amended code, staff would have the ability to issue citations, to respond to repeat offenders, and seek injunctive relief through the courts where appropriate. This ordinance was first presented to Council on September 26, 2017 for consideration. Fiscal and Policy Implications More efficient and consistent code enforcement. Page 1of2 Options Option Results • Approve the ordinance Staff will process licensing violations consistent with the provisions contained in Chapter 1.20 MLMC • Take no action. Staff will continue to enforce licensing violations pursuant to the existing code provisions. Staff Recommendation Staff recommends Council adopt the amended ordinance as presented. Attachments I A. I Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance No . An Ordinance of the City of Septemberl91 2017 -- Moses Lake, Washington ' Amending Section 5.04.100 of the Moses Lake Municipal Code Titled "Payment of Fee-Time Limit Page 2 of 2 ORDINANCE 2873 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, AMENDING SECTION 5.04.100 OF THE MOSES LAKE MUNICIPAL CODE TITLED "PAYMENT OF FEE-TIME LIMIT" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Amendment. Moses Lake Municipal Code Section 5.04.100 titled "Payment of fee-time limit"" is amended as follows: 5.04.100 Payment of Fee -Time Limit: A All persons, co partnerships, companies, associations, or corporations who are engaged in business or in practice of their trades or professions in the city shall procure their license to operate on or before the thirty-first day of each and every January. In the event the license is not procured on or before January thirty-first of each year, the following penalties shall apply: 1. If the renewed license fee is not paid before February first, the sum of twenty percent (20%) of the required license fee shall be assessed as a penalty; 2. The sum of forty percent (40%) of the required renewed license fee shall be assessed as a penalty if the license fee is not paid before March first; 3. If a business license is not renewed by March 31, enforcement will be taken as provided for in this section. B. All persons, co partnerships, companies, associations, or corporations who commence business or practice of their trades or professions in the city after the thirty-first day of January of each and every year, shall within one month from the commencement date procure their license to operate for the current year and if the license to operate is not procured within the month, then penalties shall apply and be imposed on the basis of a twenty percent (20%) penalty of the required license fee for the first month the business license is delinquent and an additional twenty percent (20%) for the second month the business license is delinquent. If a business license is not procured after the sixty (60) day delinquent period, enforcement will be taken as provided for in this section. C. When the Finance Director determines that a violation of this chapter exists, he or she may proceed against that violator using the procedures provided for in Chapter 1.20 MLMC. D. Appeals: Any enforcement action taken by the Finance Director shall be appealable as provided for in Chapter 1.20 MLMC, with the informal administrative appeal authorized by section 1.20.120 to the Finance Director. E. Compromise. Settlement, and Disposition of Disputes or Litigation. The Finance Director and the City Attorney may negotiate a settlement or compromise, or otherwise dispose of a dispute or litigation when to do so would be in the best interests of the city. 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 October 10, 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: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Katherine Kenison, City Attorney October 10, 2017 Consideration Ordinance -Amend MLMC Chapter 12.36 Park Regulations Legislative History: II October 10, 2017 Consideration The current Park Regulations ordinance was adopted in 2005 and does not currently meet the needs of the City. Staff has been reviewing the ordinance and has produced a draft ordinance which repeals and replaces the current Chapter 12.36, MLMC. The new ordinance carries forward the existing regulations and adds some additional provisions which will enable staff to better protect the City parks and provide for enforcement of violations. Significant additions include the ability of staff to issue civil infractions pursuant to MLMC 1.20.030, to include graduated penalties for repeat violations, and also for the police department to trespass certain violators from City parks for a period of up to one year. Fiscal and Policy Implications Provide for more effective enforcement of park regulation violations. Page 1of2 Options Results -----_________ _Qption -·-----· • Approve the amendment Code enforcement for park regulation • Take no action. Staff Recommendation violations would be more efficient and effective . -· ----- Staff will continue to enforce park regulation I violations pursuant to current code. Staff recommends Council approve the amended ordinance as presented. Attachments I A. I Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance No . AN ORDINANCE REPEALING MOSES LAKE September 22, 2017 --MUNICIPAL CODE CHAPTER 12.36 TITLED "PARK REGULATIONS" AND ADOPTING A NEW CHAPTER 12.36 TITLED "PARK RULES AND REGULATIONS" Page 2 of2 ORDINANCE NO. AN ORDINANCE REPEALING MOSES LAKE MUNICIPAL CODE CHAPTER 12.36 TITLED "PARK REGULATIONS" AND ADOPTING A NEW CHAPTER 12.36 TITLED "PARK RULES AND REGULATIONS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Moses Lake Municipal Code Chapter 12.36 titled "Park Regulations" is repealed in its entirety. Section 2. A new Chapter 12. 36 of the Moses Lake Municipal Code titled "Park Rules and Regulations" is hereby adopted as follows: Sections: 12.36.010 12.36.020 12.36.030 12.36.040 12.36.050 12.36.060 12.36.065 12.36.070 12.36.080 12.36.090 12.36.100 12.36.110 12.36.120 12.36.130 Purpose Identification of Parks Hours of Operation Prohibited Acts Animals -Conduct of Dogs and Fecal Matter Special-Use Areas Commercial Activity Aiding and Abetting Violations Park Exclusion Trespass in Parks-Penalty Motor Vehicle Speed Discretion of City Manager Use of Path-Sign Shall be Posted Violations-Penalty 12.36.010 Purpose. The establishment and maintenance of park property and facilities is intended to benefit current and future citizens of the City of Moses Lake by providing opportunities for active and passive recreation. Rules and regulations governing use of park properties and park facilities will help to ensure that park property and park facilities are used and maintained in a beneficial manner to the community. The foregoing park rules and regulations are intended to provide standards for the public use and enjoyment of these facilities and to provide for the public health, safety, welfare and protection in the use and enjoyment of these facilities. 12.36 .020 Identification of Parks. Parks are identified as any existing or future city parks, presently including [insert list of parks]. Parks shall be classified as "passive" or "active" parks as follows: A. Passive Parks: [identify]. Such parks shall be used for rest and relaxation and shall not be used for any organized or competitive sports activities. B. Active Parks: (identify]. Such parks shall be used for a variety of activities, including organized and competitive sports activities subject to a park use permit or facilities use agreement authorized by the city council. 12.36.030 Hours of operation. Parks shall be open to the public from 6:00a.m. to 10:00p.m. No person shall enter or remain in any municipal park for any purpose whatsoever between the hours of 10:00 p.m. and 6:00 a.m. Activities on park property or in park facilities that exceed normal hours of operation or deviate from the park rules may be authorized in association with a facilities use agreement or park use permit authorized by the city council. Any person entering or remaining in a park when it is closed is subject to arrest and prosecution for criminal trespass. 12.36.040 Prohibited acts. A All activities that constitute civil or criminal violations under state, local or federal statutes shall be prohibited on park property or in park facilities. B. It is unlawful for any person to do or permit any of the following acts within any city park: 1. Scatter, leave, throw, break or strew any litter, bottles, glass, paper, debris, garbage, refuse, or advertising matter in any park except in designated receptacles; provided, however, that it is further unlawful to deposit in such designated litter receptacles or elsewhere within a park any refuse, litter or other trash collected at the home, business or other dwelling of any person and intentionally brought to the park solely for the purpose of disposing of such refuse, litter or trash. 2. Damage, deface, mar, or destroy any park equipment or facility. 3. Cut, damage or destroy any park trees, shrubs, landscaping or plants, including g grass. 4. Consume any beer, wine or intoxicating liquor in any park, or have possession of any container of beer, wine or intoxicating liquor in any park; provided, however, that consumption of alcoholic beverages in city parks is permitted if consumption is within a designated area in conjunction with a special event as authorized by the city council. 5. Drive or park any vehicle or motorized bike, scooter, motorcycle, or ATV/UTV (as defined in MLMC Chapter 10.18), on the grass in any park or any other place not specifically designated for vehicular traffic, or operate a vehicle, motorized bike, scooter, motorcycle or ATV/UTV negligently with in any park or park facility, unless expressly authorized by a permit issued by the City. This provision does not apply to authorized personnel of the City. 6. Disturb or molest the peace of others using the park and park facilities. 7. Solicit, promote or engage in any private commercial enterprise without prior approval of the city council. 8. Start or maintain a fire except in permanent park facilities provided for that purpose or in a barbeque, hibachi or other freestanding apparatus commonly used for outdoor food preparation purposes in an approved portion of the park. 9. Camp in any portion of any park unless specifically allowed by the City Manager pursuant to section 12.36.060 or by city council action for special events. Camping is prohibited pursuant to MLMC Chapter 9.18. 10. Bring, ride, leave, turn loose, or allow any animal to be within a park or park facility. Provided, however, that this prohibition shall not apply to a service animal which is defined as any animal which is trained or is being trained to aid a person who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is properly trained to provide the required service, nor shall this prohibition apply to dogs properly restrained by a leash. 11 . Erect, put or place any sign or advertisement in a park or park facility, or engage in any commercial activity except as authorized by the City Council or City Manager pursuant to section 12.36.065. 12. Engage or participate in any disorderly, lewd, obscene, drunken, or indecent conduct within any park or park facility. 13. Use or engage in any of the following activities: archery, discus, javelin, shot, golf, or aircraft, rockets, missile powered devices, or firearms. The City Manager may allow those activities in special-use areas as provided in section 12. 36.065 of this chapter. 14. Possess any glass containers within a city park. 15. Use abusive, threatening, profane or obscene language. 16. Engage in or encourage a fight or brawl. 17. Yell, shout, hoot, whistle, or sing so as to unreasonably disturb or interfere with the peace, comfort, repose, health or safety of park users or nearby residents. 18. Meet or gather in large groups or assemblies without first making reservations and obtaining a written permit from the City Council. A large group or assembly is that which would occupy one-tenth or more of the user capacity of the park. 19. No person shall enter or remain in any park at any time during which there is in effect a notice of exclusion issued under section 12.36.080 excluding that person from that park. 20. Tobacco use, including smoking, is prohibited pursuant to MLMC Chapter 8.56. 21 . Discharge or sell any fireworks; fireworks are prohibited pursuant to MLMC Chapter 8.04. 12.36.050 Animals -Conduct of Dogs and Fecal Matter. All animals, except for dogs, are prohibited in the City's parks. Any person with a dog in his or her possession or under his or her control in any park shall be responsible for the conduct of the dog and shall not allow the dog to bite or otherwise molest or annoy other park visitors. All dogs shall be confined on a leash and controlled by the owner and/or custodian at all times. Any person with a dog in his or her possession or under his or her control in any park shall carry equipment for removing fecal matter, and shall collect and place fecal matter deposited by such dog in an appropriate receptacle. 12.36.060 Special-Use Areas. A The City Manager is authorized to establish, alter, and discontinue special-use areas in parks. Special-use areas can include areas for horse or pony riding, swimming, fishing, BMX riding, skateboarding, concerts, boat launching, bicycle riding, camping, motorcycle riding, tennis, golf, baseball, softball , or any activity that is otherwise prohibited under Section 12.36.090 of this chapter. Before establishing, altering, or discontinuing a special use area, the City Manager shall determine the priority of need for such an area, and a determination shall be made as to whether the activity can be carried on without unreasonable interference or danger to other persons. B. The City Manager should designate the following conditions for all special-use areas. 1. Hours and days that the special-use is allowed. 2. Specific activities that are allowed within the special-use area. 3. Conditions for the special-use area. C. The city shall mark the boundaries of the special use area and shall post signs that state the conditions for the special-use area. All warnings that are appropriate for the special-use area shall also be posted with the conditions. D. Special use areas shall be used only for those purposes for which they are established. All persons who use a special use area shall obey all conditions that are specified by the City Manager and are posted at the special-use area. 12.36.065 Commercial Activity. A The City Council or the City Manager may approve permits to be issued that authorize merchandise or services to be sold in a park and that authorize concessions to be operated in a park. No person shall sell or attempt to sell merchandise or services or operate concessions in a park without a permit. Permits shall only be issued if the merchandise, services, and concessions are reasonable and are in the best interests of the city. B. All requests for permits from profit-making groups or organizations shall be reviewed by he City Council, and the requests shall be either approved or denied by the City Council. All requests for permits from non-profit groups or organizations shall be reviewed by the Parks and Recreation Director and the Parks and Recreation Director shall make recommendations to the City Manager. The City Manager shall either approve or deny the request. If an application for a permit is denied by the City Manager, the applicant may appeal the decision to the City Council. The City Council shall hear the appeal at the next regularly scheduled City Council meeting if the appeal request is submitted by the applicant to the City Manager prior to the Thursday before the Council meeting. C. The City Council or the City Manager may place conditions on the permit, and the city may revoke the permit if the conditions of the permit are violated. Persons who hold a valid permit shall adhere to all of the conditions stated on the permit. The City Council may deny permits to persons who have violated the conditions of a permit within the previous year. 12.36.070 Aiding and Abetting Violations. Any person participating in a violation of any provision of this chapter, whether directly committing the act or omitting to the do thing constituting the offense or who aids or abets the same, and whether present or absent, and anyone who directly or indirectly counsels encourages, hires, commands, induces or otherwise procures another to commit such offense, shall be guilty of the violation or offense. 12.36.080 Park Exclusion. A The Police Chief or his/her designees may, by delivering an exclusion notice in person to the offender, or by first class mail and certified mail to the offender at the offender's last known address, exclude from a city park, anyone who within a city park: 1. Violates any provision of this chapter; or 2. Violates any park rule; or 3. Violates any provision of the Moses Lake Municipal Code or Revised Code of Washington. The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or be effective. The exclusion may be based upon observation by the Police Chief or his/her designee or upon civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause. B. If the offender: 1. Has not been excluded from any city park by an exclusion notice issued within one year prior to the violation and the current violation is not a felony violation or weapon violation, then the Police Chief or his/her designee may exclude the offender from the city park in which the current violation occurred for a period not exceeding seven days from the date of the exclusion notice. 2. Has been the subject of only one prior exclusion notice issued within one year prior to the current violation and neither the current nor the past violation was a felony violation or a weapon violation, then the Police Chief or his/her designee shall exclude the offender from any or all city parks for a period of ninety days from the date of the exclusion notice. 3. Has been the subject of two or more prior exclusion notices issued within one year prior to the current violation, or if the current violation is a felony violation or a weapon violation, then the Police Chief or his/her designee shall exclude the offender from any or all city parks for a period of one year from the date of the exclusion notice. C. The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. It shall be signed by the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice. D. An offender receiving an exclusion notice longer than seven days may seek a hearing to have the exclusion notice rescinded, the period of exclusion shortened, or the areas of exclusion reduced. The hearing examiner shall be the City Manager. The request for a hearing shall be delivered to the Police Chief or postmarked no later than seven days after the issuance date of the exclusion notice. The request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice on which the hearing is sought. The hearing should occur within seven days after the Police Chief receives the request for hearing. The Police Chief or his/her designee shall take reasonable steps to notify the offender of the date, time, and place of the hearing. E. At the hearing, the violation must be proved by a preponderance of the evidence in order to uphold the exclusion notice. If the exclusion notice was issued because of the alleged violation of any criminal law, the offender need not be charged, tried, or convicted for the exclusion notice to be upheld. The exclusion notice establishes a prima facie case that the offender committed the violation as described. The hearing examiner shall consider a sworn report or a declaration made under penalty of perjury, written by the individual who issued the exclusion notice, without further evidentiary foundation . The certifications authorized in Rule 6.13 of the Criminal Rules for Courts of Limited Jurisdiction shall be considered without further evidentiary foundation. The hearing examiner may consider information that would not be admissible under the evidence rules in a court of law but which the hearing examiner considers relevant and trustworthy. F. If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the hearing examiner may shorten the duration of the exclusion or reduce the areas covered by the exclusion. If the violation is not proved by a preponderance of the evidence, the hearing examiner shall rescind the exclusion. If the hearing examiner rescinds an exclusion, the exclusion shall not be considered a prior exclusion for purposes of subsection B of this section. G. The decision of the hearing examiner is final. An offender seeking judicial review of hearing examiner's decision must file an application for a writ of review in the Grant County superior court with fourteen days of the date of that decision. H. The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding. I. No determination of facts made by a person conducting a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. J. This section shall be enforced so as to emphasize voluntary compliance with laws and park rules, and so that inadvertent minor violations that would fall under subsection 8.1 can be corrected without resort to an exclusion notice. 12.36.090 Trespass in parks -Punishment. It shall constitute a trespass in a city park if any person knowingly: 1. Enters or remains in a park from which he or she has been excluded during the period covered by an exclusion notice pu rsuant to MLMC 12.36.080; 2. Enters, remains in, or is otherwise present within the premises of a park during hours which the park or portion of the park is not open to the public, unless the person is present within the park to participate in an activity either conducted by the parks and recreation department or conducted pursuant to the terms of a permit issued by the parks and recreation department; or 3. Enters or remains in any area of a park which has been designated and posted by the City as a closed area, using such postings as "no admittance" or "closed to use" or "no trespassing." The provisions of this section do not apply to any duly authorized department of parks and recreation or other city employee in the performance of his or her duties, or other person authorized by law. Any person trespassing on city park property shall be subject to arrest and prosecution for criminal trespass. 12.36.100 Motor Vehicle Speed. The designated speed for motor vehicles upon the roadways within developed park areas shall not exceed fifteen (15) miles per hour. Speed limit signs shall be posted along the roadways within a park. 12.36.110 Discretion of City Manager. Whenever this chapter makes reference to the exercise of reasonable discretion by the City Manager, the City Manager shall take into consideration and account the use and enjoyment of the parks for the maximum number of people and the general purpose set forth in Section 12.36.010. 12.36.120 Use of Path -Sign Shall Be Posted . Whenever the Parks and Recreation Department prescribes rules or regulations for the use of any path or walk within a city park, it is unlawful for any person, firm, or corporation to violate any such rule or regulation; provided that, the rules and regulations for the path or walk are stated on signs that are posted conspicuously at all entrances and exits for the path or walk. 12.36.130 Violations -Penalty. Any violation of any provision of this Chapter shall constitute a civil infraction and shall subject the violator to a monetary penalty as provided in MLMC 1.20.030. Each and every calendar day during any portion of which any violation of this chapter is committed, continued or permitted by any such person shall constitute a separate offense. Section 3. This ordinance shall be in full force and effect five days after its passage and publication as provided by law. PASSED by the City Council of the City of Moses Lake, Washington, this 241h day of October, 2017. Karen Liebrecht, Deputy Mayor ATTEST: Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine Kenison, City Attorney