The URL can be used to link to this page

2017 10 24__________________________________________________________________________________________________ ______________________________________________________________________________________________ Moses Lake City Council Karen Liebrecht, Deputy Mayor | Ryann Leonard, Council Member | David Curnel, Council Member |Don Myer, Council Member Mike Norman, Council Member Study Session October 24, 2017, 6 PM Study Session – 6 PM 2018 Budget Presented by City Manager John Williams Summary: To discuss the 2018 Budget The purpose of the study session is to allow the city council to discuss matters informally and in greater detail than permitted at formal council meetings. While all meetings of the council are open to the public, study sessions discussions are generally limited to the council, city staff and consultants. City Council Meeting Agenda Call to Order – 7:00 pm Roll Call Pledge of Allegiance Summary Reports: Mayor’s report • Moses Lake Business Association (MLBA) Presentation - Boetger Additional Business City Manager’s Report • Appoint City Staff member to the Grant County Economic Development Council Board • Wastewater Treatment Plant Outstanding Performance Award – Dept. of Ecology • Citizen Recognition – Moses Lake Police Department Citizen’s Communications – Identification Citizens who would like to address the council must complete one of the blue speaker request cards and submit it to the Executive Secretary. There is a (5) minute time limit per speaker. October 24, 2017, City Council Meeting – Page 2 Consent Agenda All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #1 a. Approval of Minutes – October 10, 2017 Council Meeting b. Approval Bills and Checks Issued c. Request to Accept Well 20 Pumphouse Project – 2017 d. Resolution – Accept Street and Utility Improvements – Beachcomber Short Plat Public Hearing #2 Ordinance – Vacate Right-of-Way – Fig & Commercial St – Mann & Eilers Presented by Gil Alvarado, Deputy City Manager Summary: Open a Public Hearing and take testimony regarding vacation of right-of-way Old Business #3 Ordinance – Vacate Right-of-Way – Fig & Commercial St – Beck Motion Presented by Gil Alvarado, Deputy City Manager Summary: Council to review and adopt ordinance as presented #4 Ordinance – Cascade Natural Gas Franchise Agreement (Tabled) Motion Presented by Katherine Kenison, City Attorney Summary: Council to review and adopt ordinance as presented #5 Ordinance – Repeal and Replace MLMC Chapter 12.36 – Park Regulations Motion Presented by Katherine Kenison, City Attorney Summary: Council to review and adopt ordinance as presented New Business #6 Request Authorization to Operate Mobile Concession – White Motion Presented by Spencer Grigg, Parks and Recreation Director Summary: Council to review and give permission to operate mobile concession as presented #7 Ordinances – Amend MLMC Title 5 – Business Licenses Presented by Katherine Kenison, City Attorney Summary: Council to review and consider adopting ordinances as presented Administrative Report Council Communications and Reports Executive Session Adjournment MOSES LAKE CITY COUNCIL October 10, 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 for Council member Norman's unexcused absence from tonight's meeting, seconded by Council member Curnel, and passed unanimously. PLEDGE OF ALLEGIANCE: Council member Myers, led the Council in the pledge of allegiance. SUMMARY REPORTS: MAYOR'S REPORTS -None ADDITIONAL BUSINESS -None CITY MANAGER'S REPORTS 2018 Budget Presented City Manager, John Williams informed Council the 1s1 copy of the City Manager's balanced budget at the fund level has been presented. Attached is a memo explaining details of the budget. A retreat has been scheduled for Saturday, October 21st to discuss in more detail the 2018 Budget. FCS Group Presentation -Cost of Service Study Peter Moy and John Montenero from the FCS Group presented to Council an Ambulance Utility Cost of Service and Rate Study. The Moses Lake City Council asked FCS to gather information and study overall ambulance cost of service study, Fire Department performance, identify organizational and operational issues, and conduct an incident, alternative rate, and staffing scenario forecasts. Data from these studies were presented to Council. FCS offered recommendations to improve organizational and operational issues and scenarios to cover operational costs. FCS Group will provide to Council the final draft of the Ambulance Utility Cost of Service and Rate Study in the near future. Considerable discussion with Council. No action taken. CITIZEN'S COMMUNICATIONS-None CITY COUNCIL MINUTES -October 10. 2017 CONSENT AGENDA a. Minutes: The minutes of the September 26, 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 October 10, 2017 the Council does approve for payment claims in the amount of $1 , 109,577.91 ; prepaid claims in the amounts of $286.42, $1 , 187.85, $14,594.42, and $46,523.61 ; claim checks in the amount of $647 ,748.1 4; and payroll in the amount of$324,198.73 and $2,615.53. c. Set Date for Public Hearing -Property Taxation A public hearing was set for November 14, 2017 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. d. Set Date for Public Hearing -2018 Preliminary Budget A public hearing was set for November 14, 2017 in the matter of the 2018 Preliminary Budget. e. Request to Accept Seal Coat Project -2017 Granit Constructions, Inc. has completed work on the Seal Coat Project -2017. The work should be accepted and the 60 day lien period entered into. f. Request Authorization -Repaving Project -Larson Rec. Center Parking Lot Staff request $150,000 be allocated from other areas in the current budget to augment the $14,091 . 74 received from FEMA to reconstruct the parking lot. Council member Leonard asked that Item No. f., be removed from the consent agenda for discussion. Action Taken: Council Member Leonard moved that item numbers a., b., c., d., and e., in the Consent Agenda be approved, seconded by Council Member Curnel, and passed unanimously. City Manager asked council to rename item f. to Item No. 1 b. for the record. Considerable discussion among staff and council. Action Taken: Council member Leonard moved that Item No. 1 b be accepted as presented, seconded by Council member Myers, and passed unanimously. PUBLIC HEARING #2 Ordinance -Vacate Right-of-Way -Fig & Commercial Street -Beck An ordinance was presented which vacates the right-of-way on Fig Street and the southeasterly side of Commercial Street, Lot 3 Penhallurick Addition, adjacent to parcel #110784000. Public utilities and municipal departments were notified and have provided comment as part of the record. The ordinance vacating a portion of right-of-way was read by title only. pg.2 CITY COUNCIL MI UTES -Octobcr 10. 2017 The public hearing was opened. Public Input: Wayne Ostler, 249 N. Elder St., Columbia NW Engineering, Moses Lake, WA Mr. Ostler spoke on behalf of the proponent, Mr. Larry Beck regarding the request to vacate ( 1 O') ten feet of right-of-way on Fig and Commercial Streets. The original request was for (20') twenty feet but after considerable discussion with City Staff, the proponent agreed to request for (1 O') ten feet Mr. Ostler asks Council to consider approving this ordinance. Council member Leonard asked staff why (20') twenty feet could not be considered. Building Official Kevin Myer addressed the question; to keep a more unified distance so when the street is built, there wouldn't be an offset. Public hearing was closed and this was a 1st presentation of the ordinance, no action taken. OLD BUSINESS #3 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. At the last council meeting on September 241h, council requested the City Attorney to contact Cascade Natural Gas and amend Section 15 -Insurance and Bond Requirements, to meet our insurance carrier requirements. Presented tonight is the amended version. The ordinance for Cascade Natural Gas Franchise Agreement was read by title only. Considerable discussion by the Council. Council member Leonard requested staff to contact our insurance carrier and ask them to contact Cascade Natural Gas, find a viable solution to each parties' insurance requirements, so we may pass this franchise ordinance in a timely manner. Action Taken: Councilmember Leonard moved to table this agenda item until the next council meeting on October 24th, seconded by Council member Curnel, motion passed unanimously. #4 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. The ordinance to amend Moses Lake Municipal Code Chapter 5.04 Business License Regulations was read by title only. Considerable discussion by Council. Action Taken: Councilmember Curnel moved to accept Ordinance No. 2873 as presented, seconded by Council member Leonard, motion passed unanimously. pg.3 CITY COUNCIL MINUTES -October 10, 201 7 NEW BUSINESS #5 Ordinance -Amend MLMC 12.36 -Park Regulations An ordinance was presented which would provide more effective enforcement and voluntary compliance. The current park regulations ordinance was adopted in 2005 and does not currently meet the needs of the City. Presented tonight is a draft ordinance which repeals and replaces the current MLMC Chapter 12.36. The new ordinance carries forward the existing regulations and adds some additional provision which will enable staff to better protect the City parks and provide for enforcement of violations. Considerable discussion among staff and council. No action taken. 151 presentation of this ordinance. ADMINISTRATIVE REPORTS -None COUNCIL COMMUNICATIONS AND REPORTS -None EXECUTIVE SESSION -None ADJOURNMENT: The regular meeting was adjourned at 8:53 pm. Karen Liebrecht, Mayor (Acting) ATTEST Cindy Jensen, Finance Director pg.4 DATE FRI, OCT 20, 2017, 2:53 PM TIME 14:53:36 C I T Y 0 F M 0 S E S L A K E TABULATION C 0 U N C I L 0 F C L A I M S T 0 B E A P P R 0 V E D MEET ING 0 F 10/24/2017 TOTALS BY FUND FUND NO FUND NAME AMOUNT 000 102 103 116 119 410 490 493 495 498 501 517 519 528 GENERAL FUND TOURISM GRANTS AND DONATIONS STREET STREET REPR/RECON WATER/SEWER SANITATION STORM WATER AIRPORT AMBULANCE FUND UNEMPL COMP INS CENTRAL SERVICES EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW VEND NO. P.O. NO. AMT LISTED CORRECTED AMT CORRECT AMOUNT TO BE PAID 92,835.15 15,297.69 6,431.46 47,852.42 218.10 55,890.46 24,915.07 12,919.40 374.63 18,277.28 375.00 1,755.54 35,370.21 22,578.l'.J 335,090.60 ACTION TO BE TAKEN TOTALS PAGE XAPPRVD ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * C L A I M S A P P R 0 V A L * * WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE * OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED< AS NOTED, FOR PAYMENT * IN THE AMOUNT OF $335,090.60 THIS 24TH DAY OF OCTOBER, 2017 .. * * * * MAYOR . FINANCE DIRECTOR * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DATE 10/20/17 TIME 14:53:34 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G L A K E T 0 B E A P P R 0 V E D 0 F 10/24/2011 · Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O . Number P.O. Amount Purpose of Purchase ======================================================================================================================= 2M COMPANY INC 00004450 AAA READYMIX INC 00000027 ACE HARDWARE 00006538 ACTIVE NETWORK INC 00007606 AG WEST DISTRIBUTING CO INC 00006842 ALEX BENKO 00000139 BANK OF THE WEST 00007547 BASIN PROPANE LLC 0000 7006 BASIN SEPTIC SERVICES 00000166 BESSE MEDICAL SUPPLY 00006688 0000082711 19.42 ====================== TOTAL: 0000082621 TOTAL: 0000082722 0000082722 0000082722 19.42 278.99 278 .99 27.58 58.51 10.77 ====================== TOTAL: 96. 86 0000082716 227.54 ====================== TOTAL: 227.54 0000082622 34.53 ====================== TOTAL: 34.53 0000082670 318 .00 ====================== TOTAL: 0000082743 0000082743 TOTAL: 0000082643 0000082643 TOTAL: 0000082724 0000082724 318.00 1,342 .56 203.39 1,545.95 53.95 24.07 78.02 517. 92 377.65 ====================== TOTAL: 895.57 0000082698 188.42 MAINT. MISC. SUPPLIES CONCRETE MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES PR OFFICE SUPPLIES MISC SUPPLIES DENTAL CO-PAY LEASE PYMT/POLICE CAR VIDEOS LEASE PYMT/POLICE CAR VIDEOS PROPANE/PARTS PROPANE/PARTS MEDICAL SUPPLIES DATE 10/20/17 TIME 14:53:34 C I T Y 0 F M 0 S E S L A K E PAGE 2 XAPPRVD TABULATION OF CLAIMS C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 10/24/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= BLUELINE EQUIPMENT 00007305 BOUND TREE MEDICAL LLC 00006022 BUD CLARY FORD 00006454 CARTEGRAPH SYSTEMS INC 00005700 CASCADE FIRE CORPORATION 00003644 CASCADE NATURAL GAS CORP 00000203 CEDAR STREET CLEANERS 00004655 CENTRAL WASHINGTON CONCRETE 00003603 CENTRAL WASHINGTON EXCAVATION 00004279 CHAMBER OF COMMERCE 00002627 TOTAL: 188.42 0000082301 9,299.89 TOTAL: 9,299.89 0000082603 2,268.92 ====================== TOTAL: 0000082623 TOTAL: 0000082704 0000082704 TOTAL: 0000082629 2,268.92 95 .51 95.51 3,002.54 3,002.55 6,005.09 366.86 ====================== TOTAL: 0000082708 0000082664 0000082664 366 .8 6 65.07 105.25 39.85 ====================== TOTAL: 210 .17 0000082610 620.41 ====================== TOTAL: 620.41 0000082734 367.00 ====================== TOTAL: 367.00 0000082627 431.60 ====================== TOTAL: 0000082597 0000082597 431. 60 8,000.00 7,297.69 2018 KAWASAKI MULE UTILITY VEH MEDICAL SUPPLIES MISC SUPPLIES CARTELITE GIS SUBSRIPT RENEWAL CARTELITE GIS SUBSRIPT RENEWAL TRANSPORT LADDER TRUCK PR GAS USAGE GAS USAGE FIRE/POLICE GAS USAGE FIRE/POLICE UNIFORM MAINTENANCE MISC SUPPLIES MISC DUMPING-CONCRETE LTAC GRANT REIMBURSEMENT LTAC GRANT REIMBURSEMENT DATE 10/20/17 TIME 14:53:34 NAME OF VENDOR Department C I T Y 0 F M 0 S E S TABULATION OF CLAIMS C 0 U N C I L M E E T I N G L A K E T 0 B E A P P R 0 V E D 0 F 10/24/2017 Expenditure Account PAGE 3 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ====================== TOTAL: 15,297.69 CITY OF MOSES LAKE 00008201 0000082601 343.72 WATER SERVICE 0000082601 106.65 WATER SERVICE 0000082601 809.37 WATER SERVICE 0000082601 8,393.15 WATER SERVICE 0000082601 985.66 WATER SERVICE 0000082601 1,614 .27 WATER SERVICE 0000082601 557.58 WATER SERVICE 0000082601 295.07 WATER SERVICE 0000082601 2,429.23 WATER SERVICE 0000082601 182 .60 WATER SERVICE 0000082601 382.28 WATER SERVICE 0000082601 451.98 WATER SERVICE 0000082601 1,544.00 WATER SERVICE 0000082742 1,332.85 WATER SERVICE 0000082601 102 .03 WATER SERVICE 0000082601 110. 62 WATER SERVICE 0000082601 185.47 WATER SERVICE 0000082742 4, 624 .· 00 WATER SERVICE Q000082601 2,291.70 WATER SERVICE 0000082601 86.46 WATER SERVICE 00000 82742 4,414.72 WATER SERVICE 0000082601 1,602.82 WATER SERVICE DATE 10/20/17 TIME 14: 53: 34 C I T Y 0 F M 0 S E S L A K E PAGE 4 XAPPRVD T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 UN CI L M EE TING 0 F 10/24/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ============~========================================================================================================== COLUMBIA BASIN MACHINE 00000211 COLUMBIA BASIN PUBLISHING CO 00000210 COLUMBIA BEARING BDI 00000274 COLUMBIA NORTHWEST ENGINEERING 00007294 CONFLUENCE HEALTH 00005069 0000082601 374.63 0000082601 294.53 00000826 01 880.16 0000082601 444.80 0000082742 164.45 0000082601 380.40 0000082601 1,187.65 0000082 601 269.50 0000082601 1C2.03 ====================== TOTAL: 36,941.38 00000826 28 347.92 ==================~=== TOTAL: 347.92 0000082680 -220.95 0000082598 361.40 0000082598 358.40 0000082712 228.10 0000082712 228.10 0000082598 90. 73 ====================== TOTAL: 1,045.78 0000082710 4': 15 ==================~=== TOTAL: 0000082702 0000082702 475.88 2~8 .10 ====================== TOTAL: 693 .98 WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE COUPLER/LABOR-FAE COUPLER PUBLICATIONS ADVERTISING ADVERTISING RECREATION ADVERTISING RECREATION ADVERTISING ADVERTISING MAINT. OPERATING SUPPLIES PROFESS SERV AND KITTLESON RD PROFESS SERV AND KITTLESON RD DATE 10/20/17 TIME 14:53:34 L A K E PAGE 5 XAPPRVD C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 10/24/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CONSOLIDATED ELECI'RIC DIST 00000819 COST LESS CARPET 00005143 COUNTRY FABRICS 00006265 CSWW, INC dba NO 40 OUTFITTERS 00001701 D & L SUPPLY COMPANY INC 00006974 DATABAR 00007974 DAVID HELMS 00002805 0000082609 105.00 0000082613 886 .10 0000082609 105.00 0000082609 105.00 0000082661 233.48 ====================== TOTAL: 0000082626 TOTAL: 0000082624 0000082624 1,434 .58 17.59 17.59 6,010.94 11,147.75 ====================== TOTAL: 17,158.69 0000082726 576.00 TOTAL: 576.00 0000082730 219.23 TOTAL: 219.23 0000082637 264.00 ====================== TOTAL: 264.00 0000082739 50.06 0000082739 SIJ.06 0000082739 50.06 0000082739 50.06 0000082739 50.06 ====================== TOTAL: 250.30 0000082674 359 .98 ====================== TOTAL: 359.98 EMPLOYEE CDL EXAMS PRE EMPLOYMENT EMPLOYEE CDL EXAMS EMPLOYEE CDL EXAMS EMPLOYMENT RELATED PHYSICAL MISC SUPPLIES FIRE STATION CARPET & TILE FIRE STATION CARPET & TILE CLASS INSTRUCI'ION MISC SUPPLIES MANHOLE LIDS/RINGS MAIL UTILITY BILLS MAIL UTILITY BILLS MAIL UTILITY BILLS MAIL UTILITY BILLS MAIL UTILITY BILLS MEDICAL CO-PAYS DATE 10/20/17 TIME 14 : 5 3 . 3 4 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E E T I N G 0 F 10/24/2017 Expenditure Account PAGE 6 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amomt Purpose of Purchase =================================================================================~===================================== DENNIS DUKE 00000347 DEPT OF ECOLOGY 00003221 DEPT OF LABOR & INDUSTRIES 00005832 DEPT OF LICENSING 00005470 E F RECOVERY 00007244 EASTERN CASCADE DIST 00006909 ELVIS SWISHER 00002623 F C S GROUP 00004476 FABER INDUSTRIAL SUPPLY 00000501 FASTENAL COMPANY 00007372 0000082671 202.05 ====================== TOTAL: 0000082630 0000082701 202.05 11,266.56 8,115 .24 ====================== TOTAL: 0000082647 TOTAL: 0000082578 TOTAL: 0000082658 0000082658 TOTAL: 0000082631 19, 38i. 80 69.10 69.10 116 . 00 116.00 4,257.00 93.84 4,35Q.84 5G.OO ====================== TOTAL: 5G.OO 0000082672 63.00 ----------------------------------------r--- TOTAL: 63.00 0000082679 2,072.50 ====================== TOTAL: 0000082615 0000082728 0000082638 TOTAL: 0000082632 0000082632 2,072 .50 22.38 12~.10 24.50 175.98 5.60 1,47~.54 MEDICAL/DENTAL CO-PAY WASTEWATER PERMITS STORMWTR PRMT 7/17 -6/18 RENEW OP CERT-WHEEL CHAIR LIFT PE LICENSE RENEWAL PATIENT BILLING & POSTAGE PATIENT BILLING & POSTAGE DRINKING WATER DENTAL CO-PAY RATE STUDY FEES ENG SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES DATE 10/20/17 TIME 14: 53: 34 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G L A K E T 0 B E A P P R 0 V E D 0 F 10/24/2017 Expenditure Account PAGE 7 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amo~mt Purpose of Purchase ======================================================================================================================= GALLS, LLC 00000133 GRAINGER PARTS OPERATIONS 00002755 GRANT CO SOLID WASTE DEPT 00000640 HACH COMPANY 00000712 HACHETTE BOOK GROUP 00008039 HOME DEPOT CREDIT SERVICES 00007824 0000082632 70.43 ====================== TOTAL: 0000082611 0000082689 0000082689 1,549.57 511.37 669.40 669.40 ====================== TOTAL: 0000082639 0000082639 TOTAL: 0000082596 TOTAL: 0000082640 1,850.17 85.46 99.61 185.07 19,157 .86 19,157.86 10,412.56 ====================== . . TOTAL: 10,412.56 0000082725 22~.40 TOTAL: 223.40 0000082747 5'.~. 35 0000082747 51. 06 0000082747 Ha .44 0000082747 g,74 0000082747 53.46 0000082747 85.90 0000082747 41$..89 0000082747 46.50 0000082747 2~. 77 0000082747 182.35 MISC SUPPLIES UNIFORMS UNIFORM SUPPLIES UNIFORM SUPPLIES MISC SUPPLIES/JANITORIAL MISC SUPPLIES/JANITORIAL LANDFILL DUMPING FEES PROBES/METERS/CREDIT MEMO MAC RESALE MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES DATE 10/20/17 TIME 14:53 :34 L A K E PAGE 8 XAPPRVD C I T Y 0 F M 0 S E S TABULATION OF CLAIMS C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 10/24/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ==================================================================================~==================================== HOME DEPOT CREDIT SERVICES 00007824 INGRAM PUBLISHER SERVICES INC 00004328 J & M CUSTOM UPHOLSTERY 00005978 JERRYS AUTO SUPPLY 00005835 KATHERINE L KENISON PS 00006980 KONE INC 00006438 KONICA MINOLTA BUSINESS SOL 00007194 LAD IRRIGATION COMPANY INC 00001101 LAKE BOWL 00001109 0000082747 209.59 0000082747 10.77 0000082747 26.14 ==================~~== TOTAL: 1,336.96 0000082713 85.85 ====================== TOTAL: 85.85 0000082642 323.70 ====================== TOTAL: 0000082604 000008264 1 TOTAL: 0000082608 TOTAL: 0000082644 0000082644 323.70 17 .16 516.38 533.54 9,040.00 9,040.00 65.35 371 .47 ==================~=== -. TOTAL: 436.82 0000082595 89.56 TOTAL: ~9.56 0000082719 2,574.06 0000082719 35.92 0000082719 52.92 0000082719 42.69 0000082648 1, 814. 52 TOTAL: 4,520.11 MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MAC RESALE SEAT REPAIR MISC FIRE SUPPLIES MISC SUPPLIES PROF SVCS -CITY A'ITORNEY ELEVATOR MAINTENANCE ELEVATOR MAINTENANCE MAINT AGMT/CITY HALL COPIER MAINT. OPERATING SUPPLIES MAINT. OPERATING SUPPLIES MAINT. OPERATING SUPPLIES MAINT. OPERATING SUPPLIES REPAIR WELL 12 SOFTSTART PANEL DATE 10/20/17 TIME 14:53:34 NAME OF VENDOR Department C I T Y 0 F M 0 S E S TABULATION OF CLAIMS C 0 U N C I L M E E T I N G L A K E T 0 B E A P P R 0 V E D 0 F 10/24/2017 Expenditure Account PAGE 9 XAPPRVD VENDOR NO Object Description P.O . Number P.O. Amount Purpose of Purchase ======================================================================================================================= LINDSAY/CULLIGAN 00005289 LOWES 00003886 LUTHER STOWERS 00007236 MICHAEL COYNE 00006816 MIKE WILLIAMS 00006940 MIKE'S PLUMBING 00004522 MOSES LAKE SOCCER TOTS 00007063 MOUNTAIN PRESS PUBLISHING CO 00007186 MSI MARTIAL ARTS ACADEMY 00007322 0000082707 TOTAL: 0000082709 0000082646 10. 79 10.79 16 .57 22.39 ====================== TOTAL: 38. 96 0000082599 34.74 0000082599 419.16 0000082599 265.20 0000082 599 '!. 66 0000082599 5.93 TOTAL: 729. 69 0000082673 3H.OO =====~================ TOTAL: 314.00 0000082667 55.25 ===================~== TOTAL: 55.25 0000082614 43.10 TOTAL: 43.10 0000082650 431.60 ====================== TOTAL: 431.60 0000082723 472.00 ==================~=== TOTAL: 0000082715 TOTAL: 0000082727 0000082727 4 72. 00 117. 60 117. 60 ' 72.00 264 .00 PR OFFICE SUPPLIES MAC WATER BOTTLED WATER FOR LAB MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MEDICAL CO -PAY MEDICAL CO-PAY EMPLOYEE REIMBURSEMENT EXCAVATE WATER SERVICE SOCCER/BASEBALLTOT INSTRUCTION MAC RESALE KICKBOXING PROGRAM INSTRUCTION KICKBOXING PROGRAM INSTRUCTION DATE 10/20/17 TIME 14 : 5 3 : 3 4 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G L A K E T 0 B E A P P R 0 V E·o 0 F 10/24/2017 Expenditure Account PAGE 10 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amo11nt Purpose of Purchase ======================================================================================================================= MULTI AGENCY COMM CENTER E911 00006695 NORCO ENTERPRISES INC 00006590 NORTH RIDGE MACHINE 00005625 NORTHSTAR CHEMICAL INC 00006113 NORTHWEST SAFETY CLEAN 00006874 OASIS Atrl'O SPA 00004834 OXARC INC 00001412 PENGUIN RANDOM HOUSE LLC 00004865 PPI GROUP 00006334 PUD OF GRANT COUNTY 00001501 QUILL CORPORATION 00004811 TOTAL: 0000082703 0000082703 336.00 1,040.64 7,560 .89 ====================== TOTAL: 8,601.53 0000082594 147.95 TOTAL: 147.95 0000082652 195 .04 ==================~=== TOTAL: 195.04 0000082651 2,630.00 ==================~=== TOTAL: 2,630.00 0000082660 86 .50 TOTAL: 8.6 . 50 0000082620 525.00 TOTAL: 525.00 0000082731 37.98 ==================~=== TOTAL: 37.98 0000082714 172.37 ==================~=== TOTAL: 172.37 0000082233 20,812.03 ====================== TOTAL: 0000082740 0000082740 0000082741 20,812.03 1, 38L 10 36,183.21 12,142.18 ====================== TOTAL: 49,70~.49 USER FEES / SEPTEMBER USER FEES / SEPTEMBER MEDICAL OXYGEN CYLINDER RENTAL REPAIR PIPE RACK SODIUM HYPOCHLORITE INSPECI' / REPAIR TURNOtrr GEAR CAR WASHES-SEPTEMBER MISC SUPPLIES MAC RESALE GPS EQUIPMENT AND SOFTWARE ELEC SERVICE FOR STREET LIGHTS ELEC SERVICE FOR STREET LIGHTS ELECTRIC SERVICE DATE 10/20/17 TIME 14 : 53 : 34 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 10/24/2017. Expenditure Account PAGE 11 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= RATHBONE SALES INC 00005021 REDFLEX TP-AFFIC SYSTEMS 00004837 ROYAL ORGANIC PRODUCTS 00007187 SAMARITAN HEALTHCARE 00001836 SEA WESTERN INC 00001879 SHERWIN-WILLIAMS 00006229 SIGNS NOW 00007051 SIRENNET.COM 00007692 SPECIALIZED SAFETY PRODUCTS 00007190 0000082745 0000082700 0000082745 0000 082700 TOTAL: 0000082718 0000082649 ·. 185. 94 73.38 32.35 7f!. 38 32.53 3.55 ==================~=== TOTAL: 3G. 08 0000082602 18' 963. 29 TOTAL: 18' 963. 29 0000082600 5, 707 .15 TOTAL: 5,70~'.15 0000082662 448.80 ===================~== TOTAL: 0000082645 0000082645 0000082645 448.80 155 .83 60~. 72 155.84 ====================== TOTAL : 920.39 0000082733 357.43 ====================== TOTAL: 35(.43 0000082653 325.17 ====================== TOTAL: 325.17 0000082655 TOTAL : 273.62 0000082656 70.14 MISC OFFICE/BREAKROOM SUPPLIES OFFICE SUPPLIES MISC OFFICEfBREAKROOM SUPPLIES OFFICE SUPPLIES MAINT. OPERATING SUPPLIES REPAIR PARTS / BURN PIT PROF SVCS FOR RED LIGHT TCKTS TIPPING FEES MEDICAL SUPPLIES MISC FIRE SUPPLIES MISC FIRE SUPPLIES MISC FIRE SUPPLIES MISC SUPPLIES VEHICLE GRAJ:lHICS MISC SUPPLIES SAFETY GLASSES DATE 10/20/17 TIME 14:53:34 L A K E PAGE 12 XAPPRVD C I T Y 0 F M 0 S E S TABULATION OF CLAIMS C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 10/2 4/2017 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= SPECTRUM COMMUNICATIONS 00002691 STERICYCLE 00005 155 SUPPLYWORKS 00003053 TALX UC EXPRESS 00000062 TRAFFIC SAFETY SUPPLY COMPANY 00003726 TYCO INC 00004451 UNITED PARCEL SERVICE 00005456 US BANCORP 00005477 UTIL UNDRGRND LOCATION CENTER 00004598 ====================== TOTAL: 70.14 0000081854 6,414.89 0000082665 126.78 0000082677 915.00 0000081854 B,737.25 0000082677 1,097.25 TOTAL: 17,291.17 0000082606 51. 80 TOTAL: 51. 80 0000082659 425.26 ==================~~== TOTAL: 425.26 0000082744 375.00 ===========~========== TOTAL: 0000082666 0000082666 TOTAL: 0000082668 TOTAL: 0000082746 TOTAL: 0000082607 0000082607 TOTAL: 000.0082675 375.00 1,594.26 2,08S.17 3,679.43 85.41 85.41 32.50 32.50 8,049.88 872. 92 8,922.80 38.27 TAIT PORTABLE RADIOS REPAIR TELEMETRY RADIO MISC SUPPLIES TAIT PORTABLE RADIOS MISC SUPPLIES MEDICAL WASTE DISPOSAL SRV MISC SUPPLIES/JANITORIAL UIC CLAIMS MGMT SERVICE SIGN MATERIALS SIGN MATERIALS OIL SUPREME 7000 10W30 SERVICE CHARGES #43A LEASE PYMT/OCT #43A LEASE PYMT/OCT UNDERGROUND UTILITY LOCATES DATE 10/20/17 TIME 14:53:34 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G L A K E T 0 B E A P P R 0 V E D 0 F 10/24/2017 Expenditure Account PAGE 13 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= VERIZON WIRELESS 00002107 VISTA SERVICE & TOWING 00004604 W S DP.RLEY & COMPANY 00004231 WA ST ASSN OF FIRE CHIEFS 00004 713 WASHINGTON STATE PATROL 00002249 WEAVER EXTERMINATING SERVICE 00004290 WEINSTEIN BEVERAGE COMPANY 00005990 0000082675 0000082675 36.27 UNDERGROUND UTILITY LOCATES 38.27 UNDERGROUND UTILITY LOCATES ==================~=== TOTAL: 114 . 81 0000082681 40.01 CELL PHONE SERVICE/AIRCARDS 0000082681 40.01 CELL PHONE SERVICE/AIRCARDS 0000082681 25.62 CELL PHONE SERVICE/AIRCARDS 0000082681 938.46 CELL PHONE SERVICE/AIRCARDS 0000082681 160.04 CELL PHONE SERVICE/AIRCARDS 0000082681 80.02 CELL PHONE SERVICE/AIRCARDS 0000082681 40.01 CELL PHONE SERVICE/AIRCARDS 0000082681 40.03 CELL PHONE SERVICE/AIRCARDS 0000082681 120.03 CELL PHONE SERVICE/AIRCARDS =================~==== TOTAL: 1,484.23 0000082612 183.43 TOWING SERVICES ==================~=== TOTAL: 183.43 0000082654 794 .09 MISC FIRE EQUIPMENT ====================== TOTAL: 79~.09 0000082605 l,OOC.00 MEMBERSHIP / WA FIRE CHIEFS TOTAL: 1,000.00 0000082736 85.00 REG/ FF 2 PRACTICAL/ RILLERA TOTAL: 85.00 0000082676 69 .06 RODENT CONTROL-RD N TOTAL: 69.06 0000082720 708.76 GENERAL BLDG . MAINT. SUPPLIES ====================== TOTAL: 708.76 DATE 10/20/17 TIME 14:53:34 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G L A K E T 0 B E A P P R 0 V E D 0 F 10/24/2017 Expenditure Account PAGE 14 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase =================================================================================~===================================== WESTERN PETERBILT INC 00006802 WESTERN STATES EQUIPMENT CO 00006456 WM H REILLY & COMPANY 00006598 ZIGGYS #13 00006567 0000082697 0000082697 TOTAL: 0000082678 -356.93 4,328.71 3,971.78 1,339.78 ====================== TOTAL: 1,339.78 0000082669 7, 277. 86 TOTAL : 7,277.86 0000082717 27.97 ====================== TOTAL: 27.97 ==================~========== REPORT TOTAL: 335,090.60 MISC REPAIR/CREDIT MEMO MISC REPAIR/CREDIT MEMO REPAIR/PARTS INSTALL NEW GEAR BOXES-COF MAINT. OPERATING SUPPLIES 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 24, 2017 MOTION Request To Accept Well 20 Pumphouse Project -2017 Legislative History: I October 24'",2017 Motion POW Contracting, Inc. has completed work on the Well 20 Pumphouse Project -2017 and it is ready to be accepted. Background This project includes construction of a removable pump house and main well house building with piping, meters, electrical, control, and telemetry systems; and providing and installing a new bowl assembly, line shaft, column pipe, discharge head and support, and a 100 hp motor at the Well 20 site. The work was awarded in the amount of $323,068.79 and the final contract amount is $324,175.45. Page 1of2 Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Options Option ---·---- Approve a motion project. • I Results ----.. ---··-·-··---!-:------·---·-·-·-·--------to accept the I The 60 day lien period will begin. I • Take no action . I The project won't be accepted at this time. Staff Recommendation Staff recommends accepting the Well 20 Pumphouse 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: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Fred Snoderly, Municipal Services Director October 24, 2017 MOTION Resolution -Accept Plat lmprv. -Beachcomber Short Plat i October 24th, 2017 ! Motion Legislative History: The street and utility improvements constructed to serve the Beachcomber Short Plat are complete and ready to be accepted by City Council. Background The platting regulations require all the street and utility improvements installed in right-of-way and municipal easements to be accepted by City Council or bonded for prior to recording the plat and issuing building permits. The construction plans are required to be reviewed and approved by the City prior to construction. All the construction work is inspected to assure compliance with the construction plans and city standards. Fiscal and Policy Implications Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. Page 1of2 Options improvements I • Take no action . -+-----------· -·-i The developer won't be able to record the plat ! ------·----·-----·----- Staff Recommendation Staff recommends City Council accept Resolution No. 3705, street and utility improvements for the Beachcomber Short Plat. Attachments I A. I Resolution and Vicinity Map Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Page 2of 2 RESOLUTION NO. 3705 A RESOLUTION ACCEPTING PLAT IMPROVEMENTS FOR MUNICIPAL USE AS PART OF BEACHCOMBER SHORT PLAT Recitals: 1. Street and Utility improvements, lying in dedicated right-of-way or easements, are in place and connected to the City of Moses Lake's street and utility systems as part of Beachcomber Short Plat 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake's Community Street and Utility Standards, such facilities being completed in October 2017. 3. RCW 35.91.030 indicates that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. Resolved: 1. The City Council of the City of Moses Lake accepts the street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After October 24, 2019 all further maintenance and operation cost of said street and utility improvements, shall be borne by the City of Moses Lake, as provided by city ordinance. ACCEPTED by the City Council on October 24, 2017. Karen Liebrecht, Mayor ATTEST: Cindy Jensen, Finance Director TO: FROM: RE: MEMORANDUM CITY OF MOSES LAKE DEVELOPMENT ENGINEERING DIVISION September 29, 2017 Municipal Services Director Development Engineering Manager, David L Thompso~ BEACHCOMBER SHORT PLAT ACCEPT PLAT IMPROVEMENTS The required plat improvements have been completed and are ready t o be accepted by City Council. The improvements consist of new sidewalks installed along the frontage on Peninsula Drive. A site plan is attached. A SUBDIVISION MAINTENANCE BOND or other approved security in the amount of $14,200.00 to the City is required to be provided by the owners for the two year maintenance period for the improvements within the city right of way which commences on the date of acceptance of the improvements by the City Council. The contractor, Harden Construction, Inc. has Street and Utility Construction Bond, #106787769, specific to this project, in place for $42,600.00 that more than covers the two year maintenance bond amount that is required. If you have any questions or require any additional information please contact me at your earliest convenience. cc:: Department Secretary, Tracy Vorwerk~ Assistant Planner, Billie Jo Munoz· Department Secretary, Lori Witters I / I I 4211 / ' 4000 a .... 4125,.._ ... ' I I" I -... 4107 • 4113 CITY OF MOSES LAKE 3720 Ii ', I / 4103 4 101 3705 • 3725 '~ ..... 3805 a Sophia Guerrero From: Sent: To: Subject: Attachments: Fred Snoderly Wednesday, October 4, 2017 1 :26 PM Sophia Guerrero FW: Accept Street and Utility Improvements Beachcomber Short Plat Sidewalk I mprovements.docx Accept Street and Utility Improvements Beachcomber Short Plat Sidewalk lmprovements.docx So sorry, but I should have gotten this to you sooner. If it is too late that's okay. Fred From: Tracy Vorwerk Sent: Wednesday, October 4, 2017 10:01 AM To: Fred Snoderly <fsnoderly@cityofml.com>; Richard Law <rlaw@cityofml.com>; Dave Thompson <dthompson@cityofml.com> Subject: Accept Street and Utility Improvements Beachcomber Short Plat Sidewalk lmprovements.docx Good Morning, Attached is the resolution to accept short plat improvements as part of the Beachcomber Short Plat. Tracy 1 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 24, 2017 Public Hearing Ordinance -Vacate Right-of-Way-Fig & Commercial St. -Mann & Eilers legislative History: • 2 nd Presentation/Public Hearing September 26, 2017 -Set Date for Public Hearing October 24, 2017 -Public Hearing • 3 rd Presentation Staff Report Summary: Attached is a request from Gary Mann, Etal to vacate (10') feet of Right-of-Way (ROW), on Fig Street and (10') on the northeasterly portion of Commercial Street, Lot 2, Penhallurick Addition, adjacent to parcel #110780000, 630 E. Broadway Avenue. Public utilities and municipal departments were notified, and have provided comment as part of the record. Background Gary Mann, Etal 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. Fiscal and Policy Implications None Page 1of2 Options ------·--_---c;;~~id;-;-t:ti~P;:-:-ue_s_t _t_o_v_a_c.ate the k-a-d1-·ac;ntio_t_w_;~-~d-ul_~:v;-a-·-;n~;;--deftn_e_d_ ROW I ~;;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. Land Use Action Application E. City Engineers Land Appraisal 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 NO. 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 the northwesterly 75.16 feet Commercial Street, and the southeasterly 10 feet of Fig Street adjacent to a portion of Lot 2, Penhallurick Addition, as shown on Exhibit A. Parcel numbers #110780000 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 November 14, 2017. ATTEST: Karen Liebrecht, Mayor Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney EXHIBIT 'A' <{}~9J~ 100 0 50 100 i:::~••.::•:.•.:•:..' I ( IN FEET ) 1 inch = 100 feet \ \ \ \ \ \ \ \ / 4 / 1-1: / / / <~ / ~~~ / < OWNER{S): MANN ETAL, GARY D & JANET L TRASK ETAL, ROBERT M & KRISTINE K EILERS ET AL, DANIEL E PARCEL#: 110780000 SITUS: 630 E. BROADWAY AVE MOSES LAKE, WA RECEIVED COMMUNITY DEVELOPMENT A 11r, 1 6 ?n17 PLANNING AND BUILDING C TY F MOSES LAKE TO: FROM: RE: MEMORANDUM CITY OF MOSES LAKE DEVELOPMENT ENGINEERING DIVISION October 3, 2017 Assistant Planner, Billie Jo Munoz COf\" PL ' T '( , Development Engineering Manager, David L. Thompso~ REQUEST TO VACATE PUBLIC RIGHT OF WAY PORTION OF COMMERCIAL STREET ANO FIG STREET 630 EAST BROADWAY AVENUE TX#4659, LOT 2, PENHALLURICK ADDITION ..---JI! A ;JN ' 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 LANt. 'SE ACTION Fee~-'dule (check box) APPLICATION Rl . -...... l c,,,. • , ' 0 Annexation $400 HOSES LAKE ... ·-I ~ COMrAUN ,, r, ~'., r. .)1-~f\i1ENT OAppeals $350 0 Administrative Appeal $500 AUG 1 7 1017 ~~ 0 Binding Site Plan $1,000 0 Boundary Line Adjustment $250 PLAN Nl1~G AND BUILD! G 0 Environmental Checklist $250 CITY OF MOS ES LAKE 0 Environmental Impact Statement $500 0 Comprehensive Plan Amendment -Text $800 Permit# LUA2017-0032 0 Comprehensive Plan Amendment -Map $1,000 0 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 0 Public Hearing Not Otherwise Specified $60 City: Moses Lake State: WA Zip 98837 i!I Right of Way Vacation $200 Phone#: _509-927-7718 O Shoreline Management Application $100 Email: larrycbeck@hotmail.com 0 Substantial Development and/or CUP +$200 0 Exemption No.Addittor.;il l(we)(Signat:~ Date: ~ /~ ~£2 Fee~equi~ Sie:nature: -rz_ 0 Variance +$100 -. ....... { } Signature: Date: Subdivision Application $300 0 Preliminary Short Subdivision 1-4 Lots Do hereby affirm and certify, under penalty of perjury, that I am one {or more) of the 0 Preliminary Short Subdivision 5-9 Lots $500 owners or owner under contract of the below described property and that the fo..,going sblements and answers are in all respects tnle and cor...ct on my 0 Preliminary Major Subdivision $500 information and belief as to those m<itte~. I beNeve it to be tnle. 0 Final Short Subdivision $200 APPLICANT 0 Final Major Subdivision $400 Name: same as above 0 Zone Change Request $1,000 Address: I..~ 'll 'fi. ~. fl..t IC.A-'-2.l~lr., L,..... 0 Zoning Variance $100+ + cost of notification, publishing, and Hearing Actual City: f"l 1 CA State: ~-Zip_ 2£¢ :2.3 Costs &taminer's Fee Phone#: ,. Q '1 7.2..'1.::...!17t r Email' t::_c.4e,c./.. '{! Lt. N,,.,-1. c;.,,~ PROJECT NAME AND SUMMARY Commerce & Fig Street Vacation of Right-of-Way Signature: = := s.:-1....___ Date: 25,i 1...,h:J. AUTHORIZED REPRESENTATIVE Company: Columbia Northwest Engineering PS Contact: Wayne Ostler Address: 249 N Elder PROPERTY INFORMATION City: Moses Lake State: WA Zip 98837 Phone#: 509-766-1226 Property Address: 700 E Broadwa~ Email: wayne.ostler@cnweng.com Section: 14 . Township_~Range 28 E PLANNING DEPARTMENT CONTACTS Anne Henning, Senior Planner ahenning@cityofml.com Asssesor's Parcel# 11-1784-000 Daniel Leavitt, Associate Planner dleavitt@cityofml.com Existing Zoning Commercial Area Total (SF) 39190 Billie Munoz, Assistant Planner brnunoz@citvofmlcom Planninl! Office Main Number: 509-764-3750 Revised 02/8/l 7 October 10, 2017 [ 0 N TO: Assistant Planner, Billie Jo Munoz FROM: City Engineer, Richard Law~ SUBJECT: Mann -Vacation of Commercial Street and Fig Street Adjacent to Lot 2, Penhallurick Addition Plat -One-Half Appraised Valuation I calculated the one-half appraised value by using the assessed values, shown on the Grant County GIS website, of the lot adjacent to the proposed right of way vacation. Assessed Valuation Square Feet Price per Square Foot Lot 2, Penhallurick Addition $36,300 12,599 $2.88/sf Area of proposed right of way vacation is 2,504 square feet Total valuation= 2,504sf x $2.88 = $7,211.52 One-half assessed value is $3,605.76 To: From: Date: Proceeding Type: Subject: CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Dir. I Deputy City Manager October 24, 2017 Motion Ordinance -Vacate Right-of-Way Fig & Commercial St. -Beck Legislative History: • Presented as a Resolution September 12, 2017 -Set Date for Public Hearing • Second Presentation October 10, 2017 -Public Hearing • Third Presentation October 24, 2017 • Action , Motion Staff Report Summary: The City Council should consider a request from Larry Beck to vacate (10') ten feet of Right-of- Way (ROW), on either side of Fig Street and the southeasterly side of Commercial Street, Lot 3 Penhallurick Addition, adjacent to parcel #110784000. On September 12, 2017 at a regular meeting, the City Council set public hearing date for October 10, 2017 to consider the merits of the vacation and Ordinance vacating described ROW. The council opened the public hearing and took testimony on the request. Attached is an Ordinance vacating those portions of Commercial Street and Fig Street as detailed by the legal description and map. Page 1of3 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. Fiscal and Policy Implications The ROW would no longer be a maintenance of the City of Moses Lake if vacated. The proponent would also have potential fiscal implications in that the City Council may require reimbursement of up to half the appraised value of the property to be vacated. The appraised value calculation by the City Engineer is in the amount of $2,907.00. Options Option • I Results Consider the request to vacate ROW I The adjacent lot would have a more defined I use for future development. • Take no action . Staff Recommendation -+ROW remain~-;;; is and unimproved at this I time City Staff recommends Council approve the Ordinance vacating Commercial Street and Fig Street as described. Attachments A. Ordinance No. 2874 B. Exhibit A c. Copy of Land Use Action Application D. City Engineers Land Appraisal Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by legal Counsel • Ordinance Ordinance Vacation of Right-of-Way Katherine Kenison, City Attorney Page 2 of 3 ORDINANCE NO. 2874 AN ORDINANCE VACATING A PORTION OF RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following described public right-of-way shall be vacated: A portion of the northeasterly 10 feet of Fig Street, and the southeasterly 10 feet of Commercial Street adjacent to a portion of Lot 3, Penhallurick Addition. The northeasterly 10 feet of Fig Street, and the northwesterly 10 feet of the northwesterly 60. 13 feet of Commercial Street as show on Exhibit A. Parcel numbers #110784000 Section 2. The city shall be compensated for one half the purchase price of the vacated property. The vacation shall not become effective until the required compensation is received by the City. Section 3. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on October 24, 2017. ATTEST: Karen Liebrecht, Mayor Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney EXHIBIT 'A' \ & ~"" ~' -$ I i .-/'\ -& -0~\. ! \ \ / ~ LOT3 ~~ ~~ <f}~fJJ~ 50 100 I I ,~-~ •• ( IN FEET ) 1 inch = 100 feet \ \ \ \ \ / // OWNER(S): BECK, LARRY C PARCEL #: 110784000 SITUS: UNKNOWN RC(:EIVF O ~· (1'. ' ) /1 LOPMCNl 11\!G RECf:1VED October 4, 2017 CC 'Y lUI JI T Y D F::vTU)i.::l·t [NT TO: Assistant Planner, Billie Jo Munoz FROM: City Engineer, Richard Law ~~ f"' I . ' ' \.._ I r -i, ,,.,... .. .., .F SUBJECT: Beck -Vacation of Commercial Street and Fig Street Adjacent to Lot 3, Penhallurick Addition Plat -One-Half Appraised Valuation I calculated the one-half appraised value by using the assessed values, shown on the Grant County GIS website, of the lot adjacent to the proposed right of way vacation. Assessed Valuation Square Feet Price per Square Foot Lot 3, Penhallurick Addition $38,335 38,333 $1.00/sf Area of proposed right of way vacation is 2,907 square feet Total valuation= 2,907 sf x $1.00 = $2907 One-half assessed value is $1,453.50 LANt. ·sf ACTION Fee~. . 'dule (check box) APPL/CATION Rl ..,,.. ,···~ c • 1'' • t ---\J .. I " D Annexation $400 MOSES LAKE ~ ,_l ..... COMM UN : ~v r;i:;:-..:EL.')F'f\i ENT OAppeals $350 D Administrative Appeal $500 AUG 17 2017 ~ 0 Binding Site Plan $1,000 PLANl%;G AN C BUl ~G D Boundary Une Adjustment $250 D Environmental Checklist $250 C ITY OF MOSES LAKE D Environmental Impact Statement $500 D Comprehensive Plan Amendment -Text $800 Permit# LUA2017-0032 D Comprehensive Plan Amendment -Map $1,000 D Conditional Use Permit $1,000 PROPERTY OWNER(S) D Development Agreement $1,500 Name: Larry Beck D Planned Unit Development $1,000 Address: 700 E Broadway Ave D Public Hearing Not Otherwise Specified $60 City: Moses Lake State: ~Zip 98837 ~ Right of Way Vacation $200 Phone#: 509-927-n18 O Shoreline Management Application $100 Email: tarrycbeck@hotmail.com D Substantial Development and/or CUP +$200 D Exemption No Addmonat l(we)(Signat~ Date: '.& L~ JhJ£2 fe£ Requi,g Si11nature: -rz__ D Variance +$100 7 ..__ ' J Signature: Date: Subdivision Application D Preliminary Short Subdivision 1-4 Lots $300 Do hereby ilfflnn and ttrtify, under penalty of perjury, that I am one for moreJ of the D Preliminary Short Subdivision 5-9 Lots $500 owners or owner under contract of the below described property and that the fo,.,going mtements and answers are ill all respecu true and correct on my 0 Preliminary Major Subdivision $500 information and belief as to those matters. I believe it to be true. D Final Short Subdivision $200 APPLICANT D Final Major Subdivision $400 Name: Same as above D Zone Change Request $1,000 Address: _It> 71 '8 ~. 1\-t I C-.4 t.l..l<>lr.., L.N'. D Zoning Variance $100+ + cost of notification, publishing, and Hearing Actual City: /'11 CA State: ~-Zip. 294 :i3 Costs Examiner's Fee Phone#: 'CJ q 'l .2..2.=-.!121. ~ Ema;to~be.c~·-/, C.O,.. PROJECT NAME AND SUMMARY Signature: .sc..__l---Date: '6,i t./t..7-Commerce & F19 Street Vacation of Right-of-Way AUTHORIZED REPRESENTATIVE Company: Columbia Northwest Engineering PS Contact: Wayne Ostler Address: 249 N Elder PROPERTY INFORMATION City: Moses Lake State: ~Zip 98837 Phone#: 509-766-1226 Property Address: 700 E Broadway Ema ii: wayne.ostler@cnweng.com Section: 14 Township 19 N Range28 E PLANNING DEPARTMENT CONTACTS Anne Henning, Senior Planner ahenning@cityofml.com Asssesor's Parcel # 11-1784-ooo Daniel Leavitt, Associate Planner dleavitt@cityofml.com Billie Munoz, Assistant Planner bmunoz@cityofml.com Existing Zoning Commercial Area Total (SF) 39190 Planning Office Main Number: 509-764-3750 Revised 02/8/17 To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Third Presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Katherine Kenison, City Attorney October 24, 2017 Motion Ordinance -Approving Cascade Natural Gas Franchise (Tabled) Legislative History: September 26, 2017 October 10, 2017 (tabled) October 24, 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 and on October 10th, the Moses Lake City Council tabled the presented ordinance for more insurance coverage clarification. Page 1of2 Options Option ~~~--~~~~-I Results • Approve the Ordinance additional changes with or without Staff will implement the franchise agreement and CNGC will continue to operate within the City ROW's pursuant to the terms of the new franchise agreement. • 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 I terminate the relationship. Staff Recommendation Staff recommends Council approving the Ordinance No. 2872 granting a new 10-year franchise to Cascade Natural Gas Corporation. Attachments A. 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. Lega I Review The following documents are attached and subject to legal review: Type of Document • Ordinance No. 2872 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 "Grantor''); and, WHEREAS, the state statutes and City ordinances authorize the City to grant nonexclusive Franchises; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Moses Lake as follows: Section I. Definitions For the purposes of this Franchise and all exhibits attached hereto, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. 1.01 Construct or Construction shall mean installing new, removing, replacing, and repairing existing pipeline(s) and/or Facilities and may include, but is not limited to, digging and/or excavating for the purposes of installing new, removing, replacing, and repairing existing pipeline(s) and/or Facilities. 1.02 Effective Date shall mean the date designated herein, after passage, approval and legal publication of this Ordinance and acceptance by Grantee, upon which the rights, duties and obligations shall come in effect and the date from which the time requirement for any notice, extension and/or renewal will be measured. 1.03 Facilities shall mean the Grantee's natural gas pipe, pipeline system, lines, valves, mains, fixtures, communication systems and any and all other equipment, appliances, appurtenances and other items necessary, convenient or relating to the transmission, distribution, and sale of Grantee's natural gas product(s). 1.04 Franchise shall mean this Franchise and any amendments, exhibits, or appendices to this Franchise. 1.05 Franchise Area means all rights-of-way for public roads, streets, avenues, alleys, and highways of the City as now laid out, platted, dedicated, acquired, or improved; all rights-of-way for public roads, streets, avenues, alleys, and highways that may hereafter be laid out, platted, dedicated, acquired, or improved within the present limits of the City and as may be annexed into the limits hereafter; and all City owned utility easements dedicated for the placement and location of various utilities, provided such easement permits Grantee to fully exercise the rights granted under this Franchise within the area covered by the easement. 1.06 Hazardous Substance shall mean any hazardous, toxic, or dangerous substance, material, waste, pollutant, or contaminant. The term shall also be interpreted to include any substance which, after release into the environment, will or may reasonably be anticipated to cause death, disease, injury, illness, behavior abnormalities, or genetic abnormalities. 1.07 Maintenance or Maintain shall mean examining, testing, inspecting, repairing, maintaining and replacing the existing pipeline(s) and/or Facilities or any part thereof as required and necessary for safe operation. 1.09 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. 1.1 O 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 Granter 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 Granter may deem fit from time to time, including the dedication, establishment, maintenance and improvement of all new Rights-of-Way and other Public Properties of every type and description. 2.03 This Franchise is conditioned upon the terms and conditions contained herein and Grantee's compliance with all applicable federal, state, or other regulatory programs that currently exist or may hereafter be enacted by any regulatory agencies with jurisdiction over the Grantee. 2.04 By granting this Franchise, the 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 Grantor. 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 th ird 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 Grantor or any other governmental agency, undertakes any improvement project and the Grantor determines that the project might reasonably require the relocation of Grantee's Facilities, 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 Grantor shall provide Grantee with copies of pertinent portions of the plans and specifications for the improvement project. Upon request, Grantee shall, at its cost and expense, determine and identify for 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 Granter shall work cooperatively with Grantee in determining a viable and practical route within which Grantee may relocate its Facilities, in order to minimize costs while meeting Grantor's project objectives. 10.06 Grantee shall complete relocation of its Facilities so as to accommodate the improvement project at least ten (10) calendar days prior to commencement of the improvement project or such other time as the parties may agree in writing. Section 11. Removal, Abandonment in Place .11.J. In the event of Grantee's permanent cessation of use of its pipeline{s) and/or Facilities, or any portion thereof, within the Franchise Area, the Grantee shall, within one hundred and eighty days (180) after the cessation of use, remove the pipeline, Facilities or any portion thereof 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 Granter, the Grantee may purge its pipeline(s) and Facilities, as directed by Granter, and abandon them in place. Grantee shall be responsible for any environmental review required for the abandonment of any pipeline{s) and/or Facilities and the payment of any costs of such environmental review. Grantor's consent to the abandonment of Facilities in place shall not relieve the Grantee of the obligation or costs to remove or to alter such Facilities in the future in the event it is reasonably determined that removal or alterations is necessary or advisable for the health and safety of the public, in which case the Grantee shall perform such work at no cost to the Granter. 11 .6 The parties expressly agree that paragraph 11.5 shall survive the expiration, revocation or termination of this Franchise. Section 12. Violations, Remedies and Termination 12.01 In addition to any rights set out elsewhere in this Franchise, or other rights it may possess at law or equity, the Granter reserves the right to apply any of the following remedies, alone or in combination, in the event Grantee violates any material provision of this Franchise. The remedies provided for in this Franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the Granter at law or equity. 12.02 Granter 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 which 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 Granter and Grantee arising by reason of this Franchise, the dispute shall first be referred to the operational officers or representatives designated by Granter and Grantee to have oversight over the administration of this Franchise. The officers or representatives shall meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to attempt to achieve a resolution of the dispute. 13.02 If the parties fail to achieve a resolution of the dispute, either party may then pursue any available judicial remedies, provided that if the party seeking judicial redress does not substantially prevail in the judicial action, it shall pay the other party's reasonable legal fees and costs incurred in the judicial action. Section 14. Indemnification 14.01 General Indemnification. Grantee shall indemnify, defend and hold harmless 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 Grantor by reason of the pipeline(s) or its appurtenant Facilities, Grantee shall defend the Grantor at the Grantee's complete expense, provided that, for uninsured actions or proceedings, defense attorneys shall be approved by Granter, which approval shall not be unreasonably withheld. 14.02 Environmental Indemnification. Grantee shall indemnify, defend and save Granter 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 Granter in defense thereof, arising directly or indirectly from (a) Grantee's breach of any environmental Jaws 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 Joss 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 Granter, naming Granter 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 Granter 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 Granter. 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 Granter 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 Granter of such fact, and such notification or the occurrence of such terminating events shall be treated as a notification that a change in control of the Grantee has taken place, and the provisions of this Franchise Agreement governing the consent of the Granter to such change in control of the Grantee shall apply. 16.03 The Granter shall have the right to cancel this Franchise one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of a Grantee, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: a) Within one hundred twenty (120) days after the election or appointment, such receiver or trustee shall have fully complied with all of the provisions of this Franchise Agreement and remedied any existing violations and/or defaults; and b) Within said one hundred twenty (120) days, such receiver or trustee shall have executed an agreement, duly approved by the court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise Agreement granted to the Grantee except where expressly prohibited by Washington law. Section 17. Legal Relations 17.01 Nothing contained in 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 Grantor to the Franchise Area, public Rights-of-Way and other Public Property in an "as is" condition. Grantee agrees that the City has never made any representations, implied or express warranties or guarantees as to the suitability, security or safety of Grantee's location of facilities or the facilities themselves in public property or rights of way or possible hazards or dangers arising from other uses of the public rights of way or other public property by the City or the general public. Grantee shall remain solely and separately liable for the function, testing, maintenance, replacement and/or repair of the pipeline or other activities permitted under this Franchise. 17.03 Grantee waives immunity under Title 51 RCW in any cases involving the Grantor and affirms that the Grantor and Grantee have specifically negotiated this provision, to the extent it may apply. 17 .04 This Franchise shall not create any duty of the City or any of its officials, employees or agents and no liability shall arise from any action or failure to act by the City or any of its officials, employees or agents in the exercise of powers reserved to the Grantor. Further, this ordinance is not intended to acknowledge, create, imply or expand any duty or liability of the Grantor with respect to any function in the exercise of its police power or for any other purpose. Any duty that may be deemed to be created in the City shall be deemed a duty to the general public and not to any specific party, group or entity. 17.05 This Franchise shall be governed by, and construed in accordance with, the laws of the State of Washington and the parties agree that in any action, except actions based on federal questions, venue shall lie exclusively in Grant County, Washington. Section 18: Public Records Act 18.01 Grantee acknowledges that the City is subject to the Public Records Act, chapter 42.56 RCW (the ·Act"). All records owned, used (including inspection of Grantee's records), or retained by the City are public records subject to disclosure unless exempt under the Act, whether or not such records are in the possession or control of the City or Grantee. Grantee shall cooperate with the City so that the City may comply with all of its obligations under the Act. Within ten (10) days after receipt of notice from the City, Grantee shall deliver to the City copies of all records relating to this Franchise that qualify as the City's public records under the Act. If the City receives a public records request relating to this Franchise, the City shall seek to provide notice to Grantee at least ten (10) days before the City releases records pursuant to such public records request, but in no event will the City have any liability to Grantee for any failure of the City to provide timely notice. In addition to its other indemnification and defense obligations under this Franchise, Grantee shall indemnify and defend the City from and against any and all losses, penalties, fines, claims, demands, expenses (including, but not limited to, attorney's fees and litigation expenses), suits, judgments, or damage arising from or relating to any failure of Grantee to comply with this Section. Section 19: Miscellaneous 19.01 In the event that a court or agency of competent jurisdiction declares a material provision of this Franchise Agreement to be invalid, illegal or unenforceable, the parties shall negotiate in good faith and agree, to the maximum extent practicable in light of such determination, to such amendments or modifications as are appropriate actions so as to give effect to the intentions of the parties as reflected herein. If severance from this Franchise Agreement of the particular provision(s) determined to be invalid, illegal or unenforceable will fundamentally impair the value of this Franchise Agreement, either party may apply to a court of competent jurisdiction to reform or reconstitute the Franchise Agreement so as to recapture the original intent of said particular provision(s). All other provisions of the Franchise shall remain in effect at all times during which negotiations or a judicial action remains pending. 19.02 Whenever this Franchise sets forth a time for any act to be performed, such time shall be deemed to be of the essence, and any failure to perform within the allotted time may be considered a material violation of this Franchise. 19.03 In the event that Grantee is prevented or delayed in the performance of any of its obligations under this Franchise by reason(s) beyond the reasonable control of Grantee, then Grantee's performance shall be excused during the Force Majeure occurrence. Upon removal or termination of the Force Majeure occurrence the Grantee shall promptly perform the affected obligations in an orderly and expedited manner under this Franchise or procure a substitute for such obligation or performance that is satisfactory to Grantor. Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. 19.04 The Section headings in this Franchise are for convenience only, and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of the Section to which they pertain. 19.05 By entering into this Franchise, the parties expressly do not intend to create any obligation or liability, or promise any performance to, any third party, nor have the parties created for any third party any right to enforce this Franchise. 19.06 This Franchise and all of the terms and provisions shall be binding upon and inure to the benefit of the respective successors and assignees of the parties. 19.07 Whenever this Franchise calls for notice to or notification by any party, the same (unless otherwise specifically provided) shall be in writing and directed to the recipient at the address set forth in this Section, unless written notice of change of address is provided to the other party. If the date for making any payment or performing any act is a legal holiday, payment may be made or the act performed on the next succeeding business day which is not a legal holiday. Notices shall be directed to the parties as follows: To the Granter: City of Moses Lake ATTN: City Manager 401 S. Balsam P.O. Box 1579 Moses Lake, WA 98837 To the Grantee: Cascade Natural Gas ATTN: Region Director 200 N. Union Street Kennewick, WA 99336-2212 19.08 The parties each represent and warrant that they have full authority to enter into and to perform this Franchise, that they are not in default or violation of any permit, license, or similar requirement necessary to carry out the terms hereof, and that no further approval, permit, license, certification, or action by a governmental authority is required to execute and perform this Franchise, except such as may be routinely required and obtained in the ordinary course of business. 19.09 This Franchise Agreement and the attachments hereto represent the entire understanding and agreement between the parties with respect to the subject matter and it supersedes all prior oral negotiations between the parties. This Franchise Agreement can be amended, supplemented, modified or changed only by an agreement in writing which makes specific reference to the Franchise Agreement or the appropriate attachment and which is signed by the party against whom enforcement of any such amendment, supplement, modification or change is sought. All previous Franchise Agreements between the parties pertaining to Grantee's Operation of its pipeline(s) and/or Facilities are hereby superseded. 19.1 O Grantee shall, within thirty (30) days after passage of this Ordinance, file with the City Clerk, its unconditional written acceptance of all the terms and conditions of 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 24th day of October, 2017. Karen Liebrecht, Deputy Mayor ATTEST: Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney Date of Publication:--------' 2017. UNCONDITIONAL ACCEPTANCE BY GRANTEE: I, the undersigned official of Cascade Natural Gas Corporation, am authorized to bind Cascade Natural Gas Corporation and to unconditionally accept the terms and conditions of the foregoing Franchise (Ordinance No. ), which are hereby accepted by Cascade Natural Gas Corporation this __ day of , 2017. CASCADE NATURAL GAS CORPORATION By: __________ _ 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 HOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Katherine Kenison, City Attorney October 24, 2017 Motion Ordinance-Repeal and Adopt New MLMC Chapter 12.36 Park Regulations Legislative History: October 10, 2017 October 24, 2017 Motion 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 Option • Approve the amendment • Take no action. Staff Recommendation Results Code enforcement for park regulation violations would be more efficient and effective Staff will continue to enforce park regulation violations pursuant to current code. Staff recommends Council approve the amended ordinance as presented. Attachments I A. I Ordinance No 2875 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. 2875 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 of 2 ORDINANCE NO. 2875 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. Section 2. 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 12.36.010 12.36.020 Moses Lake Municipal Code Chapter 12.36 titled "Park Regulations" is repealed in its entirety. A new Chapter 12.36 of the Moses Lake Municipal Code entitled "Park Rules and Regulations" is hereby as follows: 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 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. Identification of Parks. Parks are identified as any existing or future city parks. Parks shall be classified as "passive" or "active" parks as follows: A. Passive Parks -Such parks shall be used for rest and relaxation and shall not be used for any organized or competitive sports activities. Passive Parks Ahlers Park Civic Center Park Gillette Park Hayden Park Japanese Peace Garden & Park John E. Calbom Island Park Juniper Park Laguna Park Marina Park B. Active Parks -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. Active Parks Blue Heron Park Carpenter Park Cascade Park Lakeview Park Larson Playfield Lower Peninsula Park Paul Lauzier Athletic Complex Peninsula Park Power Point Park 12.36.030 12.36.040 Crossroads Park Harrison K. Dano Park Knolls Vista Park Mccosh Park Montlake Park Neppel Landing Skate Park Vista Park Yonezawa Park Hours of operation. Parks shall be open to the public from 6:00a.m. to 10:00p.m. Between the hours of 10:00pm and 6:00am the parks shall be closed to the public unless persons are actively engaged in activity within a special-use area as described in section 12.36.060. No activities will be allowed during closed park hours that disturb the peace of the public or for any of the prohibited acts listed below. 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. 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. 2. 3. 4. 5. 6. 7. 8. 9. 10. 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. Damage, deface, mar, or destroy any park equipment or facility. Cut, damage or destroy any park trees, shrubs, landscaping or plants, including grass. 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 Parks Department. 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 within 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. Disturb or molest the peace of others using the park and park facilities. Solicit, promote or engage in any private commercial enterprise without prior approval of the city council. 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. 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. Bring, ride, leave, turn loose, or allow any animal to be within a park or 12.36.050 12.36.060 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 Parks Dept. 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. 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. 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, gold, 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. 12.36.065 2. Specific activities that are allowed within the special-use area. Parks Special-Use Area Allowable Activity Blue Heron, Cascade, John E. Calbom, Lower Peninsula, Mccosh Dock and Shoreline Fishing And Neooel Landinq Blue Heron, Cascade, Lower Boat Ramp Launching/Removal Peninsula, and Montlake Blue Heron, Crossroads, McCosh, Trails and Paths Walking, Bicycling, Neppel Landing, Paul Lauzier Athletic Running and/or Complex, Civic Center Park, and Jogging Jaoanese Peace Garden Mccosh, Knolls Vista, and Paul Athletic Courts Basketball and Lauzier Athletic Complex Tennis Moses Lake Skate Park Skate Ramps Skateboarding Yonezawa Fitness Stations Exercising 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. E. Between the hours of 1 O:OOpm and 6:00am the parks shall be closed to the public unless persons are actively engaged in an allowable activity within a special-use area. 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 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 the 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 12.36.080 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. 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 12.36.090 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. 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 pursuant 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 in full force and effective five days after its passage and publication as provided by law. PASSED by the City Council of the City of Moses Lake, Washington, this 24th day of October, 2017. Karen Liebrecht, Deputy Mayor ATTEST: Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine 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 Spencer Grigg, Parks & Recreation Director October 24, 2017 MOTION Request to Operate Mobile Concession in City Parks -White Legislative History: ! October 24, 2017 I j Motion White Bikes, LLC has requested authorization to rent stand up paddle boards, kayaks and bicycles in city parks with a mobile unit. The Parks & Recreation Commission voted unanimously to recommend that City Council approve his request. Background Mr. Troy White made a presentation to the Parks & Recreation Commission. The group had a number of questions for Mr. White and ultimately voted to support his request with a recommendation to the City Council. In 2007, the City of Moses Lake contracted with Destination Development, Inc. to provide recommendations on rebranding, marketing and wayfinding. The final report, "Community Branding, Development & Marketing Plan including detailed recommendations that included a specific recommendation to "Recruit specific water-based concessions for the city parks." Page 1of2 Fiscal and Policy Implications Based upon past and existing concessionaire agreements, the city has typically charged 15% of gross revenues. Options Option • Motion • Take no action. Staff Recommendation _l______ _R_e_s_ul_ts~~~~~~ I White Bikes, LLC would be given authorization to operate a mobile concession in city parks. Rental stand up paddle boards, kayaks and bicycles would not be available for rental in city parks. Staff recommends that the Moses Lake City Council support the request and authorize White Bikes, LLC to operate their mobile concession. This request would accomplish some of the recommendations made to the City of Moses Lake by Destination Development, Inc. in 2007. Attachments A. Email from Troy White B. Page 119 from Destination Development Recommendations 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 Spencer Grigg From: Sent: To: Subject: To: City of Moses Lake Pedicab Guy <whitebikeswa@gmail.com> Sunday, October 8, 2017 2:10 PM Spencer Grigg Request to rent in the park Watercrafts and bicycles offered in Waterfront Parks 6 days a week from March 2018 -October 2018. White Bikes LLC is requesting to offer bicycle, kayak, and Stand Up Paddle board rentals from any water front park in Moses Lake. During our 300 days of sunshine in 2018, Troy White is requesting to operate a commercial truck/kiosk from 9 am - 6 pm Monday -Saturday for 8 long months. The primary location for rentals will be in Neppel Park on a rgular schedule and secondary locations include Blue Heron park and Cascade park. Bicycle rentals are not offered in Moses Lake and kayak and Stand Up Paddle boards are not conveniently offered on the waters edge. A kiosk at the park will offer convenience, promote health and wellness, and supply a demand for bicycle and watercraft rentals in Moses Lake. There is great value in allowing recreational rentals in each of the parks. Stand Up Paddle Boards and Kayak with appropriate gear (PFD, Whistle, and Paddle) and waiver will be issued to each person for $25 per hour, $35 per 2 hours, and $50 per 4 hours. Bicycles rentals will be operated and maintained through a partner bike share app for utilization all over downtown, activity trails, college campus, and throughout Moses Lake. Insurance and a sample waiver will be submitted before March of 2018 once the request is approved. Thank you for taking the time to consider approval for this request and I look forward to answering any questions about offering rentals in the Parks. Sincerely, Troy White 1 di :J ~ ~ ::l ....-11 ~ ~ ~ ~ ~ ,.- Brood Development & Marketing Action Pion ... Recommendation #61: Recruit specific water-based concessions for the city parks. Description: To fulfill its "Lake Sports" b.c;and promise, Moses Lake needs to develop more water sports related activitie·s for visitors. Rental concessions at city parks are a good means of providing this service. Motorized watercraft such as ski boats and Jet skis should be available for rent, and directed to designated areas where their noise and wake will not annoy other park visitors. Parks nearer downtown should rent human-powered watercraft such as canoes, kayaks, and paddle boats. For those who prefer swimming more than boat- ing, other water entertainment features should also be provided. Some of these are identified later in this recommendation. Additionally, food and bev- erage concessions should be encouraged for the convenience of those visit- ing the city's parks whether or not they are using the water sports facilities. Concession services should be available at a minimum during the peak visi- tor attendance months of May through September. Concessions operators should have the option to provide service during other months too, but not required to do so. We recommend the following concessions at these Moses Lake parks: Cascade Park Rental concessions -Ski boats, canoes, kayaks, paddle boats Food concessions -hamburgers, hotdogs, cold drinks, chips, ice cream • Moses Lake City Park Rental concession -Ski boats, Jet skis, paddle boats Food concessions -Hamburgers, hotdogs, cold drinks, chips, ice cream • Peninsula Park Rental concession - Ski boats, Jet skis, paddle boats, canoes Food concessions -Hamburgers, hotdogs, cold drinks, chips, ice cream 119 • Moses Lake, WA • July 2007 {/? ecl'atf/JU'ld //[ eco1J1/J1e1ula110/M Implementation: City of Moses Lake Approximate costs: Unknown Possible funding sources: Private retailers Timeline for implementation: 2008 forward Rationale for recommendation: The following non-motorized products are recommended as prospective water entertainment concessions to increase the recreational opportunities available to Moses Lake visitors. All products are manufactured by WMS Aquatics in Ellensburg, Washington (http://www.wmsaquatics.com). Rogue River Canoe This 14-foot-long canoe is made of durable "rotomolded" constmction. It tracks well and turns easily. Rogue River Canoe $393 Set of 2 Paddles $32 Dimension Sport Kayak A versatile recreational kayak made from tough polyethylene with a hull designed for optimum tracking and turning. Includes shock-cord deck rigging and onboard storage. Dimension Sport Kayak $300 Kayak Paddle $31 Sun Slider Pedal Boat The Sun Slider is a versatile pedal boat that converts from sitting to reclin- ing positions for on-water lounging. Includes recessed drink holders, built-in cooler compartment, and fishing rod holders. Sun Slider $473 Seat Cushion Set $133 ~ Destination Development, Inc. 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 24, 2017 Consideration Ordinances -Amend MLMC Title 5 Business Licenses Legislative History: October 24, 2017 , Consideration Finance department staff has been working on housekeeping amendments to Title 5 MLMC regarding business license applications and fees. The attached proposed amendments provide clarification and simplification of the business license application process and related fees. Background Current code (Chapters 5.07, 5.22 and 5.40) requires that business license applications for pawnbrokers, second hand dealers, street vendors, mobile vendors, and taxi drivers be accompanied by a background and screening check for public safety purposes. The City currently charges a one-time fee for this background check; staff believes that the background check should be required annually in order to provide current information and that clarification is needed to inform applicants that employees are included within the licensing and application requirements. Chapter 5.04 establishes the general business license application and payment schedule, which requires obtaining/renewing a business license and full payment due by January 31st of each year, and graduated late fee penalties through March 31st. For businesses commencing business after January 31st, the owner has one month to obtain their license and pay with graduated penalties for an additional 60 days. Staff spends an inordinate Page 1of2 amount of time and resources sending out these late notices in addition to the regular annual renewal notices for existing businesses and the welcome notices to new businesses. Despite these various "reminders", the number of non-responsive business owners remains high and there is a growing number of repeat offenders. Staff believes that one courtesy notice via letter by regular mail each year is sufficient and that additional staff time and resources spent coaxing voluntary compliance is not an efficient nor effective use of city resources. Accordingly, the proposed changes to section 5.04.100 eliminate the respective 60 day periods for late applications/renewals, and instead impose a flat $50.00 late fee penalty for any renewal/application beyond the original 30 days. Fiscal and Policy Implications Reduction in staff time and resources; policy clarification and more effective code compliance. Options • ____ _!1-.p_t_io_n __ Approve the amendments I Res_u_ft_s~--~~~~~~ --rslaff will implement the code changes and anticipates a more effective and efficient code compliance result. • Take no action. Staff Recommendation Staff will continue to operate as it has pursuant to existing code provisions. Staff recommends Council consider approving the amendments as presented Attachments A. Ordinances amending MLMC Sections 5.04.100, 5.22.020, 5.07.020, 5.07.060, and 5.40.120 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document I Date Reviewed by Legal Counsel • Ordinances amending An Ordinance Amending Section 5.04.100 titled "Payment of October 19, 2017 MLMC Sections Fee-Time Limif' of the Moses Lake Municipal Code 5.04.100, 5.22.020, An Ordinance Amending Section 5.07.020 of the Moses Lake 5.07.020, 5.07.060, and Municipal Code titled "Definitions" and Section 5.07.060 titled 5.40.120 "Fees· An Ordinance Amending Section 5.22.020 of the Moses Lake Municipal Code titled "Application and Fee" An Ordinance Amending Section 5.40.120 titled "Identification Costs of Screening" of the Moses Lake Municipal Code Page 2 of 2 ORDINANCE 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. 5.04.100 Amendment. Moses Lake Municipal Code Section 5.04. l 00 titled "Payment of fee-time limit"" is amended as follows: 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, a late fee penalty in the amount of fifty ($50.00) dollars shall be imposed the following penalties shall apply: I. If the renewed license fee is not paid before February first, the sum of hventy 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 renevt'ed by March 31 , and 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 a late fee penalty in the amount of fifty ($50.00) dollars shall be imposed 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 procraed after the sixty (60) day delinquent period, and enforcement c. D. Section 2. will be taken as provided for in this section. 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. Appeals: Any enforcement 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. 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 November 14, 2017. Karen Liebrecht, Mayor ATTEST: Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney ORDINANCE AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, AMENDING SECTION 5.07.020 OF THE MOSES LAKE MUNICIPAL CODE TITLED "DEFINITIONS" AND SECTION 5.07.060 OF THE MOSES LAKE MUNICIPAL CODE TITLED "FEES" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section I. Amendment. Moses Lake Municipal Code Section 5.07.020 titled "Definitions" and Section 5.07.060 titled "Fees" is amended as follows: 5.07.020 Definitions: The following terms and definitions shall be used in the administration of this chapter. A. "Mobile Vendor" shall mean any person, firm, or corporation, whether as owner, agent, consignee, or employee, whether a resident of the City or not, who engages in a business of selling and delivering food from a vehicle or other motorized conveyance upon privately or publicly owned property including any public street, sidewalk, alley, or public way of the City. A person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such temporary business in connection with, as part of, or in the name of any local dealer, trader, merchant, or auctioneer. B. "Food" shall have its usual and ordinary meaning, and shall include all items designed for human consumption, including, but not limited to. candy, gum, popcorn, hot dogs, sandwiches, peanuts, soft drinks, frozen concessions, nonalcoholic beverages, and dairy products. Products regulated by the Washington State Liquor and Cannabis Board may not be sold by mobile or street vendors. C. "Authorized Concession Stand" shall mean a concession stand operated or maintained for the sale of food or merchandise, in the public parks of the City, or on other public property, by the City or in accordance with a City-approved agreement or franchise. 0. "Public Celebration" shall mean the Spring Festival activities customarily celebrated in and around McCosh Park and other areas of the City, as well as any other time of public celebration. E. "Special Event" shall mean an event for which the City has authorized use of City facilities for use by vendors, such as the Farmers Market. F. "Street Vendor" shall mean a vendor, including any owner and employee, selling food within a public or private parking lot, pedestrian plaza, public street, alley, sidewalk, public right-of-way, or public property, using a non- motorized cart or temporary structure. 5.07.060 Fees: A. An initial application fee shall be assessed in accordance with the adopted fee schedule and will be submitted with all applications for each vehicle, conveyance, or stand. The renewal fee for a mobile or street vendor license shall be the same as a standard business license, provided there has been no interruption in maintaining the mobile or street vendor licenses of the vehicles, conveyances. or stands. 8 . Any license issued under the provisions of this chapter shall expire December 3 lst of the year it is issued. C. In addition to the application fee, the applicant shall pay an annual one time fee which shall be assessed in accordance with the adopted fee schedule to help defray the cost of screening the applicant for the license. FingeF)"lrinting costs are included in tl'le screening fee. 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 November 14, 2017. Karen Liebrecht, Mayor ATTEST: Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney ORDINANCE AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, AMENDING SECTION 5.22.020 OF THE MOSES LAKE MUNICIPAL CODE TITLED "APPLICATION AND FEE" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section I. Amendment. Moses Lake Municipal Code Section 5.22.020 titled "Application and Fee"" is amended as follows: 5.22.020 Application and Fee: For the purpose of this section, the application fee shall apply to those pawnbrokers and secondhand dealers, as defined by RCW 19.60.0 I 0 and which includes employees that deal with firearms, precious metals, gem stones, electronics, tools, and artwork. Application for a license under this chapter shall be in writing filed with the Finance Department on forms furnished by the City and shall be accompanied by a fee as assessed in accordance with the adopted fee schedule to help defray the costs of screening any applicant for a license. FiRge1'f3riRtiRg costs are iRcluded iR the applicaRt re·1iew fee. The application shall be referred to the Police Department for review. The application, together with the Police Department's recommendation shall be forwarded to the City Council for its consideration. If the City Council approves the application it may, by resolution, direct the issuance of the license by the Finance Director. Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on November 14, 2017. Karen Liebrecht, Mayor ATTEST: Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, AMENDING SECTION 5.40.120 OF THE MOSES LAKE MUNI CJ PAL CODE TITLED "IDENTIFICATION COSTS OF SCREENING" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section]. Amemlment. Moses Lake Municipal Code Section 5.40.120 titled "Identification Costs of Screening" is amended as follows: 5.40.120 Identification Costs of Screening: A. Every taxicab driver shall, at all times, have in his possession an identification card in a form approved by the Police Chief. Such card shall have thereon, in addition to such other information as may be required by the Police Chief, the photograph, right index print, name of employer, and signature of the person being identified and date of expiration of the card. B. The Police Chief shall charge an annual oaetime application review fee as assessed in accordance with the adopted fee schedule to help defray the costs of screening any applicant for an identification card and license and he may, in addition to any other fees, charge the applicant the actual cost of the card. fiagerpriatiag costs are iach1ded ia the oae huadred aad five dollar ($105) applioaat re·1iew fee. All identification cards shall expire on the 31st day of December of each year. C. All identification cards shall remain the property of the City of Moses Lake. When a holder of an identification card shall leave the employment of a taxicab company, said holder shall immediately surrender his identification card and forward it immediately to the Police Chief. The former employee may then reapply for an identification card upon employment with another taxicab company licensed by the City of Moses Lake. Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on November 14, 2017. Karen Liebrecht, Mayor ATTEST: Cindy Jensen, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney