The URL can be used to link to this page

08092016 Part 2.correctedPage 1 of 2 CITY OF MOSES LAKE STAFF REPORT To: John Williams, City Manager From: Gilbert Alvarado, Community Dev. Director/Deputy City Manager Date: August 9, 2016 Proceeding Type: MOTION Subject: 2016 Comprehensive Plan Amendments – Request for Direction Legislative History: • First Presentation: August 9 2016 • Second presentation: • Action: Motion Staff Report Summary Community Development has received a request from Mike Norman, Lee/Norman Development LLC, requesting a specific proposed Comprehensive Plan (Comp Plan) Land Use Designation be considered with the 2016 Comprehensive Plan amendments. Mr. Norman’s request is coming in after the March 31st deadline established under Chapter 10, Maintenance of the Plan. Currently, the Planning Division staff are working on the 2016 Comp Plan amendments. Background The Growth Management Act (Act) specifies mandatory updates for those Cities and Counties required to plan under the Act. We amend our Comp Plan on a more frequent basis than what is required by law due to local conditions and changes in policies and or development. Currently, the City of Moses Lake is in compliance with the Act and not required to officially review the Comp Plan until 2018. Comp Plan amendments vary in review and analysis and some, such as UGA amendments that require coordination between Grant County and the City of Moses Lake. It was the time required to coordinate between County and City that prompted the March 31st deadline. Both Grant County and the City of Page 2 of 2 Moses Lake adopted the March 31st deadline for Comp Plan amendments in order to establish some consistency between Agencies and also provide adequate time to process amendment requests. Fiscal and Policy Implications N/A Options Option Results • Consider and approve the request to allow for a Comp Plan amendment past the March 31st deadline. Comp Plan amendment moves forward through the process and public hearing. • Consider the request and take no action. Property remains under current Comp Plan Land Use Designation and Zoning. Staff Recommendation The City Council should consider the request in accordance to the Moses Lake Comprehensive Plan and either approve or deny the request. Attachments A. Norman Letter B. Maps Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel City of Moses Lake 401 Balsam Ave. PO Box 1579 Moses Lake, WA 98837 LEE/NORMAN DEVELOPMENT, LLC 123 E. 9th Ave. #1 Moses Lake, WA 98837 July 25, 2016 ATTN: Mr. John Williams, City Manager Mr. Gilbert Alvarado, Community Development Director RE: Petition to City Council to amend the Comprehensive Plan Dear Mr. Williams and Mr. Alvarado, Lee/Norman Development is the owner of certain real estate located within the Moses Lake City Limits, a portion of which has been platted (see Recording Number 1254918, pages 1,2 &3, Book 28 of Plats, Grant County), and is commonly known as "The Greens at Moses Lake Phase l ". Phase 2 of The Greens at Moses Lake remains un-platted. The entire development was approved under the City's PURD Ordinances, and governed by Ordinance 2327. Prior to recording of the plat for Phase 1, the entire parcel was one tax lot numbered 110103000, bounded on the west by Division Street, the north by 9th A venue, the east by lots fronting Garden Drive, and on the south by a parcel zoned for multifamily and by a number oflots zoned (at the time) for single family. The parcel was zoned R3 on its western portion (approximately 40% of the total parcel and zoned Rl on the eastern remainder. That zoning survives the requirements imposed by Ordinance 2327. Please see Attachment 1, which shows the parcel's location and underlying zoning. The construction, both existing and new, of substantial multifamily projects to the north leads us to conclude that the best and highest use of the land is multifamily, not single family. However, the Comprehensive Plan presently stipulates the Rl zoning on the eastern portion of the property. We would like to request that the Comprehensive Plan be amended to permit a multi-family designation on the entire parcel. The cutoff date for such requests is March 31 , 2016; and without the City Council's approval, we cannot move forward with an amendment request. We therefore request that the City Council approve our applying for an amendment to the Comprehensive Plan at the next Council Meeting. Should the City Council approve our request, we will move forward with our Application and Petition to Amend the Comprehensive Plan. Thank you for your time. Sincerely, " Michael D. Norman, Member, Lee/Norman Development, LLC I I r-----! I / 31\'r/ ' / i ti! ---------'---~---_/ I I $1 I ~I G)I ~. I S}' ~· ~I !:/ ffi,1 < I en. i:v " ~, .$'/ -; . " !ii t I I / I I I I I I I )::.. ~ I -I I ~~ ~----------____ ; I ~ ~I ,\ 7---, I ~· , ----I , "'I \ / ---;._ I I ' I ;' -------31W I ! \ , I ------...1..------'ITIH .. 3--~ I ' I fl . I 3A'r/ \ I ~ r-------~H+-=M-\ '/; I ---.. ---. --•.!US"1lH1311DlfL_,, \----/ i ~ ·, 1' t ~ cy ~ ' ' ~ \Cl: \' I f ~ ~ \ i ~ ----- ----1~~0/l~~~'r/~--~ i \ . . \ \ ' ' ' \ \ ' ~--____ 1q_ir_:11vzv ' ' ' \ \ ' . \ l I · \_ _________ _L _____________ ~~---------------1 ' I 31Ht ~-.! \ ' \ MOSES UKE PUNNING COMMISSION RECOMMENDED COMPREHENSIVE PIAN Section 4 -Administrative Procedures for Plan Comprehensive Amendments or Revisions and Application The Growth Management Act requires the city to establish procedures for reviewing comprehensive plan amendments or revisions. The City Council is to consider such proposals concurrently and no more frequently than once a year in order that the cumulative effects of the various proposals can be ascertained. However, at the discretion of the City Council, the comprehensive plan may be amended or revised whenever an emergency exists. Any modifications to, or adoption of, the comprehensive plan and development regulations implementing same are to comply with the Growth Management Act. SCOPE Contained herein and outlined below are administrative procedures that are to be used in amending or revising the comprehensive plan. It establishes who may initiate and when a comprehensive plan amendment or revision may be considered. A comprehensive plan map amendment must be accompanied by a rezone application and fee. PURPOSE The comprehensive plan for the City of Moses Lake shall be used by all departments and the City Council as a policy guideline for development including, but not limited to, all building permits, rezone applications, variances, conditional use permits, street planning, transportation considerations, annexations, plats and September 11. 2001 Maintenance 01 the Plan subdivisions, park development, location of public facilities, and other land use considerations without limitation. The comprehensive plan for the City of Moses Lake shall be considered as a source of substantive environmental policy in all environmental considerations by the city under the terms of the State Environmental Policy Act and Chapter 14. 06 of the Moses Lake Municipal Code. WHO MAY INITIATE A. A property owner may apply for, or give consent to, an amendment or revision of the comprehensive plan associated with a development proposal for a specific parcel of land upon payment of required fees. Such application shall be deemed "quasi-judicial" in nature and will usually involve requests to change the comprehensive plan map associated with a rezone petition. B. Any citizen may apply for an amendment or revision to the comprehensive plan which is general in nature or with an area-wide significance. Such applications shall be deemed "legislative" in nature. Nothing herein should be interpreted to limit the right of any citizen to request any Council person or Planning Commission member to initiate an amendment. C. The City Council or the Planning Commission may, by motion, initiate consideration of an amendment or revision of the comprehensive plan. An affirmative vote of not less than a majority of the total members of the Council or Commission is required to initiate consideration of an amendment or revision. TIME TO INITIATE A. At the discretion of the City Council, the comprehensive plan may be amended or revised whenever an emergency exists. 10·5 MOSES lAKE PlANNING COMMISSION RECOMMENDED COMPREHENSIVE PIAN Maintenance of the Plan B. Quasi-judicial or legislative applications for amendment or revision to the comprehensive plan must be made between January 1 and March 31 of any year. Applications made during this time will be processed according 10-6 to applicable state and city codes. They are to be considered concurrently and during the same calendar year. To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Director/Deputy City Manager August 9, 2016 MOTION Request to Restore Mural and Repair Estimation Legislative History: I August 9 2016 I Motion Attached is a letter from Pa'tricia Jensen addressing the City Council with regards to the Chief Moses mural. The letter details the history of the mural and the current condition, which has faded with time. Ms. Jensen also included in her letter an estimate to repair and restore the mural. Background In June of 2003, Colleen Trefz, Friends of Chief Moses, approached the Parks and Recreation Commission about her project to have a mural of Chief Moses painted on the GMAC Realty building owned by Jeff Foster. The Commission endorsed the project. Following her presentation to the Commission, she approached the City Council in June of 2003 about the project and funding request. The Council directed staff to work on an agreement with all parties involved in order to move forward on the mural request. See attached minutes. After an agreement was drafted and agreed upon by all parties, the City Council in July of 2005 considered a funding request for $2,500 from the Moses Lake Mural Society. The Council granted the request. See attached minutes. Page 1of2 Fiscal and Policy Implications The proposed request has not been included in the 2016 Budget. If the City Council were to consider the request, a Budget Adjustment would need to be approved in order to fund the request. Options -----·----·-·---·-·-·------·-·-S!_pt~'.!_____________ Results • Consider and approve the funding I Budget Adjustment to fund the restoration of I request to restore the Chief Moses I the Chief Moses mural. Mural is restored. mural I ·-----·--·-------·----·---·-····----·---·---------i-----------------·--·--·---·-·---···--·-- • Consider the funding request and take 1 1 The restoration of the mural is not funded by no action the City of Moses Lake. Staff Recommendation Staff does not have a recommendation on the funding request. The City Council may wish to provide staff with direction on how they wish to proceed with the request. Attachments 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 Estimate for restoration of Chief Moses mural May 4th 2016 by: Patricia Jensen I created the original mural of Chief Moses in 2004 which was 12 years ago. I used the best quality paint available. This paint is very resistant to UV rays and to fading. I feel it has held up very well. I received very limited funding from private and personal and City contributions. I funded a large amount of this project myself. The mural took 2 years to complete because of this. The contributions I did receive I am extremely grateful for. The City of Moses Lake contributed $2000. This portion went to the high quality paint I used. I requested a larger amount for the anti-graffiti top coat and the proposal was rejected at the time. I am asking that you reconsider a top coat at this time. We have had an incident of graffiti which was removed, however you can definitely see the damage to a major portion of the mural on the right side (almost 1/3 of mural). The removal caused areas to be more exposed in fading. The City has made this mural a historical monument and has built a beautiful park around it, where many events held. I am very honored by this. It is now a major icon to the City of Moses Lake. I am requesting funding for the repair of the mural and a anti-graffiti topcoat applied. The topcoat is an additional UV protection and its primary function is anti-graffiti layer made to be easily cleaned. This will allow any further graffiti can be cleaned off without damage to the original painting. The top coat anti-graffiti has to come from the same company who distributes this paint, otherwise there will be damage to original painting. This product is not readily available and in limited quantities. The Seattle supply house can gather from several states to get what we need. The company will need this money before they order it. I am submitting an estimate of repair to mural as well as top coat I would like you to consider. The repair to the mural is not as easy as just painting the areas of damage. The paint has held up well however the same color applied to the area will not match completely. The paint has faded some and a fresh coat will look unfinished and incomplete. The area has to be blended to match (1/3 portion). I will also touch up and match other portions of the mural that may need it. Mural restoration including paint and labor $5,500 +tax $434.50 total -$5934.50 Anti-Graffiti top coat cost of paint $1421.28 labor I Prep of wall/ application $600.00 total cost oftop coat $2,021.28 +tax $159.70 = $2,180.98 Total estimate with restoration/repair and topcoat $8115.48 I am currently residing in Phoenix and have for the last 10 years. I will be in Moses lake June 28th for 4 weeks regarding other matters. I would consider completing this work at that time if it is at all possible. I would like to avoid any travel costs I may incurred if it is pushed out to the future. I would like to thank the City Council of Moses Lake for taking time to consider this proposal. Sincerely, Patricia Jensen 509 -771-3127 e-mail patricia@patriciajensen.com MOSES LAKE MURAL SOCIETY -REQUEST FOR FUNDS The Moses Lake Mural Society requested $2,500 for the purpose of purchasing supplies and v;,,..< I assuring the completion of the Chief Moses Mural. The funds will also assist with the con tinuation of the program. The Society is proposing additional murals to commemorate the following -the ,,;; rodeo, important citizens such as Monty Holm, the dams, children art and story telling, farming history, outdoor recreation, commercial enterprises, and downtown development. There was some discussion by the Council. Action Taken : Mr. Lane moved that the request be granted to provide $2,500 to the Moses Lake Mural Society, seconded by Mr. Blackwell, and passed unanimously. // TO t:Oi)NCJL _J_U L 1 3 2004 OAT£ .PARKS AND RECREATION cnMMISSION June 11, 2003 u u Members present: Jon Lane, Rhonda Anderson, Bill Ecret, Hilda Grant, Brian Dano, Ralph Gonzalez, Ryan Graves, and Mike O'Neill Staff present: Spencer Grigg and Diana McKinsey Guests present: Colleen Trefz, Friends of Chief Moses, and Patty Jensen, artist. MEETING ATIENDANCE RECORD 2003 -x = Dn:scnt 0 •absent Name January February March April May June July August Anderson, R x x x x x x Dano, B x x x x x x Ecret, B. x x x x x x Gonzalez, R x x x x x x Grant, H x x x x x x Graves, R. x x 0 x x x O'Neill, M 0 0 x x x x Lane, I x x x x x x .. .. ca Mectmg canceled cp-Comprehcnsive Plan Meeting in ltcu ofn;gular mccung. T-trans1uon The regular meeting was called to order by Chair Jon Lane at 7:00 p.m. Approval of Minutes Mr. O'Neill moved the minutes of the May 14, 2003 meeting be approved as submitted. Seconded by Mr. Ecret, and passed unanimously. Citizens Proposition/Correspondence None Sinkiuse Sguare Mural Colleen Trefz, Friends of Chief Moses, informed commissioners of her project to have a mural painted on the side Jeff Foster's building that runs along Sinkiuse Square. Mrs. Trefz showed commissioners a rendering of the mural and stated she would like to dispel the 'Moses Hole' perception and create spots of interest throughout the community. She noted that the Colville tribe was honored to have Sinkiuse Square named in their honor and to have the history of their people portrayed in the mural. Mrs. Trefz introduced Patty Jensen, artist of the rendering and proposed mural. Mrs. Trefz stated the Friends of Chief Moses is a legal entity and is working to secure funding for the project. Mrs. Jensen stated she met with elders of the Colville tribe, direct descendants of Chief Moses, to create a mural that would give the history of their people and show how they survived in this area. Mrs. Jensen spoke with Pete Erickson and Wayne Rimple, Moses Lake Rotary, who felt the mural would tie in with the historical element of the club's project to redesign Sinkiuse Square. She will meet with Rotary Club members Monday, June 23, 2003 to inform them of the proposed mural. Mrs. Jensen noted that the tribe would be offended if the name of the square were changed and hoped Rotary would reconsider renaming the area. In response to a request, Mr. Grigg gave a short history of the naming of Sinkiuse Square. After some discussion it was the consensus of the commission that the project would enhance the community. SINKIUSE SQUARE -MURAL Colleen Trefz, Friends of Chief Moses, stated that they would like to paint a mural on the side of the GMAC building facing Sinkiuse Square. The mural would depict the history of this area and would also honor Chief Moses. The cost of the project is about $15,000 and they requested the city participate in the project by contributing the initial $2,000. Mr. Blackwell pointed out that the Rotary Club will be making improvements to Sinkiuse Square and this mural is being discussed by their Long Range Planning Committee. Mr. Tracy was concerned about completing the project. James A. Whitaker. City Attorney, stated that there would need to be a contract with the building owner for the painting of the mural and perhaps a fund set up with the provision that the city would contribute when a certain amount was reached to ensure that the project would be completed. There was some discussion and it was the consensus of the Council that it is a good project but additional information is needed and other funds should be raised prior to the city allocating any funds for the project. Action Taken: Mr. Pearce moved the project be reconsidered when a contract is provided between the building owner and the Friends of Chief Moses and a fund has been established, seconded by Dr. Covey, and passed unanimously. //JI TO t;O.UNCIL. JUN 2 4 2003 OAT'I To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY Of MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager W. Robert Taylor, Finance Director August 9, 2016 Consideration Ordinance -Amend Garbage Collection Rates Legislative History: August 9, 2016 1 Consideration Council has an opportunity to approve 2016 increases to the Sanitation rates for both commercial and residential accounts. This increase will keep pace with the increase in contractor charges and make the fund solvent. Background Annually the fee charged by our contractors increases every September 1. For our major contractor that rate is no less than 1.5%. In 2015 the fund could not keep up with the landfill costs and operating expenses to the point that a $500,000 interfund loan was needed to cover the shortfall. The rate increase of 10% is needed to pay back the loans and to cover the increase in operating costs. The increase would raise an additional $300,000 to cover the annual interfund loan payments of $144,000 and for small unanticipated increases such as yard waste having to be hauled to the landfill instead of the composting site and to build up the Fund Balance. Page 1of2 Fiscal and Policy Implications Passing the ordinance will increase rates of the Sanitation fund to keep pace with the contractor's fee increase and maintain service. Options Option I Results --·-----·----------··---·---·-··---·-t·---·------·-----··--·----·-·· • Adopt ordinance as presented ! Action would increase the sanitation rates to j allow the fund to pay back interfund loans and ; maintain the level of service of the utility. • ·---·-··-····-.-----------+-----------·· Modify the ordinance i Action could require staff to bring a revised I ! document to council for consideration ---·-·----.---Ti-a-k~ no actio-n----·--·----------1 The-~~es ~o~ld remain the same and -tak;th~- 1 fund further into insolvency. l Staff Recommendation Staff recommends that City Council move to approve the ordinance as presented. Attachments I A. I Schedule A Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Page 2 of2 ORDINANCE NO. AN ORDINANCE ESTABLISHING CHARGES FOR GARBAGE COLLECTION THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Beginning with billings after September 9, 2016, charges for categories of garbage collection shall be in accordance with the fee schedule set out in Schedule A, which is attached to th is ordinance and by this reference incorporated within the ordinance. Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on August 23, 2016. Todd Voth, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney Schedule A New Prior Rates Codes Description Schedule A Schedule A - Code Code Garbage Tags 2.86 2.60 GB005A CD005A Residential 1st 96 Gallon Cart 31.85 28.95 GB006A CD006A Residential J st 64 Gallon Cart 2 1.23 19.30 GB007A CD007A Residential 1st 48 Gallon Cart 15.93 14.48 GBOlOA CDOlOA Residential 2nd 96 Gallon Cart 31 .85 28.95 GBOl lA CDOl 1A Residential 2nd 64 Gallon Cart 21.23 19.30 GB012A CD012A Residential 2nd 48 Gallon Cart 15.93 14.48 GB015A CD0 15A Senior 1st 96 Gallon Cart 15.93 14.48 GB016A CD016A Senior 1st 64 Gallon Cart 10.62 9.65 GB017A CD017A Senior 1st 48 Gallon Cart 7.96 7.24 GB020A CD020A Senior 2nd 96 Gallon Cart 15.93 14.48 GB021A CD021A Senior 2nd 64 Gallon Cart 10.62 9.65 GB022A CD022A Senior 2nd 48 Gallon Cart 7.96 7.24 GB025A CD025A Delivery 2nd Cart 6.29 5.72 GB030A CD030A Pickup 2nd Cart 12.58 11.44 GB035A CD035A Duplex 1 Meter 2 Carts 25.22 22.93 GB040A CD040A Duplex 1 Meter 1 Cart 14.30 13.00 GB105A CD105A 1 Can 1 Time a Week 12.19 11.08 GB I lOA CDl JOA 1 Can 2 Times a Week 19.62 17.84 GB120A CD120A 2 Cans J Time a Week 18.02 16.38 GBI25A CD125A 3 Cans 1 Time a Week 24.42 22.20 GB J30A CD130A 4 Cans 1 Time a Week 30.71 27.92 GB140A CD140A 5 Cans 1 Time a Week 37.07 33.70 GBI45A CD145A 6 Cans 1 Time a Week 43.42 39.47 GB155A CD155A Commercial 65 Gallon Cart 1 Time a Week 19.16 17.42 GB160A CD160A Commercial 65 Gallon Cart 2 Times a Week 31.52 28.65 GB165A CD165A Commercial 95 Gallon Cart 1 Time a Week 25.34 23.04 GB1 70A CD170A Commercial 95 Gallon Cart 2 Times a Week 44.15 40.14 GB175A CDl 75A Commercial 95 Gallon Cart Extra Pickup 12.98 11.80 GB200A CD200A 1 Yard Dumpster 1 Time a Week 40.95 37.23 GB210A CD2JOA 1 Yard Dumpster 2 Times a Week 72.47 65.88 GB215A CD215A 1 Yard Dumpster 3 Times a Week 102.78 93.44 GB218A CD2 18A 1 Yard Dumpster 5 Times a Week 136.53 124.12 GB220A CD220A Extra Pickup I Yard Dumpster 52.00 47.27 GB225A CD225A 1.5 Yard Dumpster l Time a Week 56.06 50.96 GB230A CD230A 1.5 Yard Dumpster 2 Times a Week 98.27 89.34 GB235A CD235A 1.5 Yard Dumpster 3 Times a Week 140.66 127.87 GB240A CD240A Extra Pickup 1.5 Yard Dumpster 53 .02 48.20 GB245A CD245A 2 Yard Dumpster I Time a Week 67.44 61.31 GB250A CD250A 2 Yard Dumpster 2 Times a Week 118.01 107.28 GB255A CD255A 2 Yard Dumpster 3 Times a Week ] 68.97 153.61 GB260A CD260A 2 Yard Dumpster 4 Times a Week 220.40 200.36 GB265A CD265A 2 Yard Dumpster 5 Times a Week 273.53 248.66 GB270A CD270A Extra Pickup 2 Yard Dumpster 54.11 49.19 Garbage Analysis Starting 2016.123 Schedule A New Prior Rates ~ Description Schedule A Schedule A GB275A CD275A 3 Yard Dumpster 1 Time a Week 93.41 84.92 GB280A CD280A 3 Yard Dumpster 2 Times a Week 163.70 148.82 GB285A CD285A 3 Yard Dumpster 3 Times a Week 234.47 213.15 GB287A CD287A 3 Yard Dumpster 4 Times a Week 308.25 280.23 GB288A CD288A 3 Yard Dumpster 5 Times a Week 388.56 353.24 GB290A CD290A Extra Pickup 3 Yard Dumpster 76.02 69.11 GB295A CD295A 4 Yard Dumpster 1 Time a Week 116.17 105.61 GB300A CD300A 4 Yard Dumpster 2 Times a Week 224.91 204.46 GB310A CD310A 4 Yard Dumpster 3 Times a Week 319.29 290.26 GB315A CD315A 4 Yard Dumpster 4 Times a Week 415.84 378.04 GB320A CD320A 4 Yard Dumpster 5 Times a Week 516.18 469.25 GB325A CD325A Extra Pickup 4 Yard Dumpster 94.49 85.90 GB330A CD330A 6 Yard Dumpster 1 Time a Week 160.62 146.02 GB335A CD335A 6 Yard Dumpster 2 Times a Week 306.42 278.56 GB340A CD340A 6 Yard Dumpster 3 Times a Week 450.97 409.97 GB345A CD345A 6 Yard Dumpster 4 Times a Week 594.31 540.28 GB350A CD350A 6 Yard Dumpster 5 Times a Week 736.40 669.45 GB352A CD352A Extra Pickup 6 Yard Dumpster 107.48 97.71 GB355A CD355A 8 Yard Dumpster 1 Time a Week 219.93 199.94 GB360A CD360A 8 Yard Dumpster 2 Times a Week 413.90 376.27 GB365A CD365A 8 Yard Dumpster 3 Times a Week 605.41 550.37 GB370A CD370A 8 Yard Dumpster 4 Times a Week 790.74 718.85 GB375A CD375A 8 Yard Dumpster 5 Times a Week 969.88 881.71 GB380A CD380A Extra Pickup 8 Yard Dumpster 129.73 117.94 GB390A CD390A Extra 1/2 Yard 7.38 6.71 GB395A CD395A Extra Bag, Box or Bundle 3.43 3.12 GB405A CD405A Temporary Delivery 24.71 22.46 GB420A CD420A Temporary 2 Yard Dumpster 30.89 28.08 GB425A CD425A Temporary 2 Yard Dumpster Rental 5.26 4.78 GB440A CD440A Temporary 4 Yard Dumpster 49.42 44.93 GB445A CD445A Temporary 4 Yard Dumpster Rental 8.40 7.64 GB460A CD460A Temporary 6 Yard Dumpster 67.96 61.78 GB465A CD465A Temporary 6 Yard Dumpster Rental 10.64 9.67 GB480A CD480A Temporary 8 Yard Dumpster 87.00 79.09 GB485A CD485A Temporary 8 Yard Dumpster Rental 12.87 11.70 GB505A CD505A 10 Yard Roll-off 1 Time a Month 376.84 342.58 GB510A CD510A 10 Yard Roll-off Extra Pickup 277.99 252.72 GB515A CD515A l 0 Yard Roll-off 1 Time a Week 858.68 780.62 GB520A CD520A 20 Yard Roll-off 1 Time a Month 452.68 411.53 GB525A CD525A 20 Yard Roll-off Extra Pickup 323.07 293.70 GB530A CD530A 20 Yard Roll-off 1 Time a Weck 987.61 897 .83 GB535A CD535A 20 Yard Roll-off 2 Times a Month 643.39 584.90 GB540A CD540A 30 Yard Roll-off 1 Time a Month 544.54 495.04 GB545A CD545A 30 Yard Roll-off Extra Pickup 379.63 345.12 Garbage Analysis Starting 2016.123 Schedule A New Prior Rates ~ Description Schedule A Schedule A ·----- GB550A CD550A 30 Yard Roll-off 1 Time a Week 1,303.36 1,184.87 GB555A CD555A 30 Yard Roll-off2 Times a Week 2,518.23 2,289.30 GB560A CD560A 30 Yard Roll-off2 Times a Month 827.79 752.54 GB565A CD565A 40 Yard Roll-off 1 Time a Month 800.57 727.79 GB570A CD570A 40 Yard Roll-off Extra Pickup 433.47 394.06 GB575A CD575A 40 Yard Roll-off 1 Time a Week 1,465.29 1,332.08 GB577A CD577A 40 Yard Roll-off 2 Times a Week 2,930.53 2,664.12 GB580A CD580A Temporary Delivery 50.20 0.00 GB585A CD585A Temporary Rent 37.50 0.00 GB595A CD595A 2 Yard Compactor 1 Time a Week 148.90 135.36 GB600A CD600A 2 Yard Compactor Extra Pickup 76.02 69.1 1 G8605A CD605A 10 to 15 Yard Compactor 1 Time a Week 1,037.61 943.28 GB610A CD610A 10 to 15 Yard Compactor 1 Time a Month 331.19 301.08 GB615A CD615A 10 to 15 Yard Compactor 2 Times a Month 600.42 545.84 GB620A CD620A l 0 to 15 Yard Compactor Extra Pickup 309.40 281.27 GB625A CD625A 16 to 20 Yard Compactor 1 Time a Week 1,499.44 1,363.13 GB630A CD630A 16 to 20 Yard Compactor 1 Time a Month 412.8 1 375.28 GB635A CD635A 16 to 20 Yard Compactor Extra Pickup 379.41 344.92 GB640A CD640A 21 to 30 Yard Compactor 1 Time a Month 483.63 439.66 GB645A CD645A 21 to 30 Yard Compactor Extra Pickup 402.40 365.82 GB650A CD65 0A 21 to 30 Yard Tum Around 1 Time a Month 534.30 485.73 GB655A CD655A 21 to 30 Yard Tum Around Extra Pickup 453.08 411.89 GB660A CD660A 31 to 40 Yard Compactor 1 Time a Month 617.76 561.60 GB665A CD665A 31 to 40 Yard Compactor Extra Pickup 420.08 381 .89 GB670A CD670A 30 Cans Downtown 177.91 161.74 GB710A CD710A 15 Minutes Manpower 18.30 16.64 GB720A CD720A 15 Minutes Truck 25.10 10.40 GB730A CD730A Return Trip 11.44 11.44 RECRFN RECRFN Recycle Refund 0.00 0.00 RECPEN RECPEN Recycle Penalty 0.00 0.00 Nonconforming services will be billed at the nearest higher rate shown in the above schedule for the type of service rendered. Commercial accounts may pick any combination or quantity of services shown in the above and be billed on one account. Yardage or landfill charge -special service amount charged at landfill multiplied by 1.50. Garbage Analysis Starting 2016.123 To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT Moses Lake City Council John Williams, City Manager August 9, 2016 Consideration Ordinance-Amend MLMC Chapter 2.44 Park & Rec Commission Legislative History: I August 9, 2016 I Consideration Council has an opportunity to bridge the gap between our local youths and local government by amending a position on the Park and Recreation Commission. With this amendment, we would allow a youth representative to serve on the commission, express their opinions and ideas, participate in the decision making process of the commission, and raise awareness to local youth of the value of Parks and Recreational Programs. Background Historically, the positions for Park and Recreation Commission have been difficult to fill and by allowing a youth representative to serve on the commission, it would benefit our local young people and be easier to fill a vacant position as they occur. Fiscal and Policy Implications n/a Page 1of2 Options Option ! Results ----·-·-~--A;,-~~-;ithe ordinance a~-·j;;;~ented--ri·mp7ov_e-<:_ommunication between local young I people and the Commission in order to better I serve the youth with facilities and i sports/enrichment activities. ! I ·----;·-·---Take ~;-~ction. ---·-·---------,Lose the benefit of communication with our I young people of this community. Staff Recommendation Consider recommended changes to the ordinance and allow a youth representative to have a seat on the Park and Recreation Commission. Attachments I A I Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Amending Chapter 2.44 of the Moses 08/04/2016 -City Manager, John Lake Municipal Code -Park and Williams Recreation Commission Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2.44 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "PARK AND RECREATION COMMISSION" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 2.44 of the Moses Lake Municipal Code entitled "Park and Recreation Commission" is amended as follows: 2.44.010 Commission Established: There is created a Park and Recreation Commission for the city, consisting of seven (7) members, who shall be appointed by the Mayor and confirmed by the City Council, pursuant to MLMC 2.08.040. At least five (5) members shall reside within the corporate limits of the city and up to two (2) members shall reside in the city's urban growth area outside the corporate limits of the city. There is established one ( 1} youth representative position on the Park and Recreation Commission. Th is position shall be filled by a youth residing in the City's urban growth boundary who is between the ages of sixteen {16) and twenty two {22) and is a student. 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 Todd Voth, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Director/Deputy City Manager August 9, 2016 MOTION Resolutions -Nuisance Abatement & Cost of Service-1244 S. Division Legislative History: August 9, 2016 Motion Attached is a resolution providing for the abatement of a nuisance at 1244 s. Division owned by Kendra Luther and Linda Lucas. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has been corrected by city forces. In accordance with MLMC 8.14.080, Immediate Danger, the nuisance was abated under a determination that there was an immediate danger to the health and safety of the public. Attached is a resolution outlining the costs to abate the nuisance and authorizing the City to charge the owners of the property for those costs. Background The code enforcement matter at 1244 S. Division was found by the Code Enforcement Officer while on routine patrol of the city. In accordance with MLMC 8.14, Nuisances, the site was inspected and determined to be a nuisance pursuant to MLMC 8.14. See attached July 11, 2016 Notice of Violation and Order to Correct or Cease Activity. Page 1of2 Fiscal and Policy Implications N/A Options • • ______ _!!_ption_____________ Results Consider the Resolution abating the Compliance with MLMC 8.14 Nuisances nuisances at 1244 S. Division cost of abatement Consider the Resolution covering the Costs will be recovered • Consider the Resolution and take no Non-Compliance with MLMC 8.14, Nuisances action. • Consider the Resolution and take no action City will have to absorb the costs of abatement Staff Recommendation Staff recommends that City Council pass the Resolutions as presented. Attachments A. Resolution No. B. Exhibits 1 - 4 c. Resolution No. Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by legal Counsel • Resolutions Nuisance Abatement City Attorney Katherine Kenison Page 2 of 2 RESOLUTION NO. 3627 A RESOLUTION DETERMINING THAT KENDRA LUTHER AND LINDA LUCAS ARE THE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING SUMMARY ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTED ON SUCH PROPERTY WHICH REQUIRED THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 1244 S. Division Street (Lot 11, Broad Ripple #1 ), Parcel #090640000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 U. The records of Grant County show the owners of the subject property to be Kendra Luther and Linda Lucas, 21444 301h Avenue S., Seatac, WA 98198-6030. 2. Notice. On June 21 , 2016 the Code Enforcement Officer determined that the nuisance on the property, weeds in excess of 12", was an immediate danger to the health and safety of the public. The nuisance was corrected by removal of the weeds. On June 24 , 2016, the Code Enforcement Officer caused to be delivered to Kendra Luther and Linda Lucas a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 9, 2016. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established that a nuisance existed on the property and was corrected by the City of Moses Lake. 4. Hearing. On August 9, 2016 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contained a public nuisance, which constituted an immediate danger subject to summary correction by the Code Enforcement Officer pursuant to Moses Lake Municipal Code 8.14.080, that the nuisance was abated by the City of Moses Lake, and that the record owner is responsible for the costs of abating such violation . All interested persons were permitted to provide written or oral evidence relevant to the issue. 5. Evidence: 5.1. The following persons testified under oath: Rick Rodriguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: EXHIBIT #1 : Moses Lake Municipal Code Chapter 8.14.030.U EXHIBIT #2: Moses Lake Municipal Code 8.14.080 EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1244 Division Street, Moses Lake, Washington. RESOLUTION NO. 3627 Page 2 July 26, 2016 EXHIBIT#4: Letters dated July 26, 2016, from the Code Enforcement Officer to Kendra Luther and Linda Lucas advising the property owner of the hearing regarding abatement of property, scheduled for August 9, 2016. Resolved: 1. A public nuisance in violation of MLMC 8.14.030 U existed on the subject property at 1244 S. Division Street, Moses Lake , Washington. Kendra Luther and Linda Lucas, 21444 3051h Avenue S. Seatac, WA 98198-6030 are the record contract owners of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property constituted an immediate danger to the safety of the public by obstructing vehicular view and consisted of: 2.1. Weeds over 12" in height 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 4. The City of Moses Lake caused the nuisance to be abated due to immediate danger to the health and safety of the public. 5. A copy of this resolution shall be provided to the record contract owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on August 9, 2016. Todd Voth, Mayor ATTEST: W. Robert Taylor, Finance Director 8.14.030 Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. Exhibit 1 Page 1 of 1 8.14.080 Immediate Danger-Summary Correction: Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or significant portion thereof, the Code Enforcement Officer shall have the authority to summarily and without first giving notice to correct the same. The expense of such correction shall become a civil debt against the owner or other responsible party and be collectible in the same manner as any civil debt owing to the city. ·Exhibit 2 Page 1 of 1 Exhibit 3 Page 2of4 a a 'ii==' 'ii==' &§) 'ii==' (c:::>) ~ i:::::::::, c§> ~ i:::::::::, &§) (c:::>) ·I \ HOSES LAl<E City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Tuesday, July 26, 2016 Kendra Luther 21444 S 30TH AVE SEATAC, WA 98198 RE: Hearing to Permit City Abatement ofNuisance for case file#: COD2016-/006 Property Located at: 1244 S DIVISION ST, MOSES LAKE on Parcel 090640000 Via Regular Mail and Certified Mail Kendra Luther: You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of Moses Lake described as: Lot 11 Broad Ripple# I This property is located at: 1244 S DIVISION ST, MOSES LAKE on Grant County Parcel No. 090640000. On Tuesday, June 21 , 2016, the City of Moses Lake Code Enforcement Division made a site visit to the property at 1244 S Division St after receiving numerous complaints of a sight hazard for drivers. Pursuant to Moses Lake Municipal Code 8.14.080, it was determined by the Code Enforcement Officer that the public nuisance condition at the subject property constituted an imminent or immediate danger to the health or safety of the public. An emergency abatement was conducted by the City on June 24, 2016 to remove this imminent or immediate danger. Pursuant to Moses Lake Municipal Code (MLCM) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Council at the Council's regular meeting on August 9, 2016, which is more than ten days from the date of this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to review the Code Enforcement Officer's determination of a nuisance condition on your property and emergency abatement. If the City Council affirms the determination of the Code Enforcement Officer, the cost of that abatement will be assessed against you as the owner of the subject property. At the hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone (509) 764-3701. Sincerely, ~/J::r' Code Enforcement Officer cc: City Manager City Attorney Community Development Director Exhibit 4 Page 1 of 2 MOSES LAl<E City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Tuesday, July 26, 2016 Linda Lucas 21444 S 30TH AVE SEATAC, WA 98198 RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2016-!006 Property Located at: 1244 S DIVISION ST, MOSES LAKE on Parcel 090640000 Via Regular Mail and Certified Mail Kendra Luther: You are identified in the records of the Grant County Assessor as the record owner ofreal property located within the City of Moses Lake described as: Lot 11 Broad Ripple # I This property is located at: 1244 S DIVISION ST, MOSES LAKE on Grant County Parcel No. 090640000. On Tuesday, June 21, 2016, the City of Moses Lake Code Enforcement Division made a site visit to the property at 1244 S Division St after receiving numerous complaints of a sight hazard for drivers. Pursuant to Moses Lake Municipal Code 8. 14.080, it was determined by the Code Enforcement Officer that the public nuisance condition at the subject property constituted an imminent or immediate danger to the health or safety of the public. An emergency abatement was conducted by the City on June 24, 201 6 to remove this imminent or immediate danger. Pursuant to Moses Lake Municipal Code (MLCM) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Council at the Council's regular meeting on August 9, 2016, which is more than ten days from the date of this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to review the Code Enforcement Officer's determination of a nuisance condition on your property and emergency abatement. If the City Council affirms the determination of the Code Enforcement Officer, the cost of that abatement will be assessed against you as the owner of the subject property. At the hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone (509) 764-3701. Sincerely, ~; Code Enforcement Officer cc: City Manager City Attorney Community Development Director Exhibit 4 Page 2 of2 RESOLUTION NO. 3628 A RESOLUTION ESTABLISHING THE BILLING TO BE IMPOSED AGAINST KENDRA LUTHER AND LINDA LUCAS AS THE OWNERS OF CERTAIN REAL PROPERTY UPON WHICH THE CITY CAUSED ABATEMENT OF A NUISANCE TO BE PERFORMED AFTER A FAILURE OF THE PROPERTY OWNER TO ABATE THE SAME. RECITALS: 1. Real Property Location and Ownership. The records of Grant County show that Kendra Luther and Linda Lucas are the owners of property within the city limits located at 1244 S. Division Street. The parcel number of this property is 090640000. Kendra Luther and Linda Lucas were provided notice of a hearing held before the City Council on August 9, 2016, to consider the allegations of the Code Enforcement Officer that a nuisance requiring abatement existed on property owned by Kendra Luther and Linda Lucas. 2. On August 9, 2016 the City Council conducted a hearing to determine if a nuisance existed on the property at 2144 S. Division. At the conclusion of that hearing, the City Council adopted Resolution No. 3627 which provided a nuisance existed on the property at 2144 S. Division, and that the City caused the nuisance to be abated by summary correction pursuant to Moses Lake Municipal Code 8.14.080 as an immediate danger, and the costs of that abatement to be charged against the property owner. RESOLVED: 1. The costs to the City to abate the nuisance identified in Resolution 3627 on the property at 1244 S. Division are set forth below. Those costs are derived from the attached documents which detail the costs incurred. 2. The costs to be recovered from Kendra Luther and Linda Lucas are: City labor and equipment costs Contracted labor and equipment (company) Total $0.00 $134.88 $134.88 3. This charge is certified by the City Council as due and owing the City. This charge shall be forwarded in writing to Kendra Luther and Linda Lucas for payment. If payment is not received within thirty (30) days of submittal, the same shall be submitted for collection with other unpaid billings of the City and collected or reduced to judgment on the rolls of Grant County Clerk. Adopted by the City Council on August 9, 2016. ATTEST: Todd Voth, Mayor W . Robert Taylor, Finance Director Tatum Lawn Care www.tatumlawncarewa.com City of Moses Lake Attn: P 0 Box 1579 Moses Lake WA 98837 Service Provided P.O. No. Mow down and clean up weeds along sidewalk Invoice# 59895 6/24/2016 Hi Everyone, SOM MERIS HERE!! We are here tO tal'\e Care Of YOUr property while you vacation or just want to PlaY. Have a Great summer!! For your convenience, we offer email invoices. If interested, include your email address with your payment. We would appreciate any updates for phone numbers or addresses, also. We thank you. Due Upon Receipt Quantity (#, sq ft, lbs, gal) RECEIVED RE: 1244 Division St Rate (per) 125.00 Total Plus Tax Below Item totals 125.00 COMMUN!TY DEVELOPMENT JUN 3 0 2016 Plfa,f~;'-,1JNG J\!11• . .:: DUi'_DING o·~y oz= M03ES LA.KE Balances 30 days past due are subject to 1.5% interest charge per month. Subtotal Thank you for allowing us to be of service. Sales Tax (7.9%) Questions? Call 509-762-6771 Total $125.00 $9.88 $134.88 To : From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Director/Deputy City Manager August 9, 2016 MOTION Resolution -Nuisance Abatement-1116 S. Evergreen Legislative History: I August 9, 2016 I Motion Attached is a resolution providing for the abatement of a nuisance at 1116 S. Evergreen owned by Louis Mattly. The Council should hold a hearing to consider the allegations of the Code Enfo'rcement Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. Background The code enforcement matter at 1116 S. Evergreen was found by the Code Enforcement Officer while on routine patrol of the city. In accordance with MLMC 8.14, Nuisances, the site was inspected and determined to be a nuisance pursuant to MLMC 8.14. See attached June 17, 2016 Notice of Violation and Order to Correct or Cease Activity. Fiscal and Policy Implications N/A Page 1 of2 Options Option Results • Consider the Resolution abating the Compliance with MLMC 8.14 Nuisances existing nuisances at 2118 W. Spruce I --.-Co~sider-th; Resolution ani-t~k~-;~-1Non-Compliance--with MLMC 8.14, Nui;~-~ces action. • I Staff Recommendation Staff recommends that City Council consider abating the existing nuisance at 1116 S. Evergreen and pass the Resolution as presented. Attachments Exhibits 1 -4 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Resolution Nuisance Abatement City Attorney Katherine Kenison Page 2 of 2 RESOLUTION NO. 3 ~ 2 q A RESOLUTION DETERMINING THAT LOUIS MATTLY IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 1116 S. Evergreen Drive, (Lot 3, Block 2, Hayden Estates Third Addition), Parcel #111987008, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 U. The records of Grant County show the owner of the subject property to be Louis Mattly, 1800 N. Cole Road, Apt. D-108, Boise, ID 83704-7373. 2. Notice. On June 17, 2016, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On July 25, 2016, the Code Enforcement Officer caused to be delivered to Louis Mattly a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 9, 2016. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 U -Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. 4. Hearing. On August 9, 2016 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. RESOLUTION NO. Page 2 5. Evidence: 5.1. The following persons testified under oath: Rick Rodriguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: EXHIBIT #1: Moses Lake Municipal Code Chapter 8.14.030 U. August 9, 2016 EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated June 17, 2016 from the Code Enforcement Officer addressed to Louis L. Mattly, 1800 N. Cole Road , Apt. D-108, Boise, ID 83704-7373. Resolved: EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1116 S. Evergreen, Moses Lake, Washington. EXHIBIT #4: Letter dated July 25, 2016, from the Code Enforcement Officer to Louis L. Mattly advising the property owner of the hearing regarding abatement of property, scheduled for August 9, 2016. 1. A public nuisance in violation of MLMC 8.14.030 U. exists on the subject property at 1116 S. Evergreen, Moses Lake, Washington. Louis Mattly, 1800 N. Cole Road, Apt. D-108, Boise, ID 83704-7373 is the record contract owner of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: 2.1. Weeds and grasses over 12" in height 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 4. Louis Mattly, the record contract owner, has fifteen (15) days from the date of the adoption of this resolution to cause th e nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 4.1 Weeds and grasses must be cut to lower than 12" in height 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the clean up required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. A copy of this resolution shall be provided to the record contract owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on August 9, 2016. ATTEST Todd Voth, Mayor W. Robert Taylor, Fi nance Director 8.14. 030 Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. Exhibit 1 Page 1 of 1 CITt or City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY DATED: Friday, June 17, 2016 ISSUED TO: LOUIS L MATILY 1800 N Cole Rd Apt 0108 Boise, ID 83704-7373 CASE#: COD2016-0566 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS: Weeds and Grasses in excess of 12" in height are present in the front yard and along side the drive way of this home. The City is requiring these corrections listed on this Notice and Order be accomplished by Monday, June 27, 2016. ACTION NECESSARY TO CORRECT VIOLATION Weeds and Grasses must be cut to lower than 12" in height. LOCATION OF UNLAWFUL CONDITION LOCATION: 1116 S EVERGREEN DR, MOSES LAKE LEGAL DESC: Lot 3 Block 2 Hayden estates Third Addition PARCEL: 111987008 PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLATED 8. 14. 030. l./ -Maintenance of grasses, weeds, etc Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12'') in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability arid which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: 1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [1 .20.050(E)(1 )]. 2. If a penalty has been assessed pursuant to 1.20.050(E)(1), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. Exhibit 2 Page 1of 2 YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (10) DAYS, PURSUANT TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE. YOU ARE FURTHER NOTIFIED THAT IF THE AFORMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN THIS MATTER WILL BE REFEREEED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTlbN OR OTHER APROPRIATE ACTION. ?~~ BRETT HOLLEN Code Enforcement Officer Exhibit 2 Page 2 of 2 HOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Monday, July 25, 2016 LOUIS L MATTLY 1800 N Cole Rd Apt D108 Boise, ID 83704-7373 RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2016-0566 Property Located at: 1116 S EVERGREEN DR, MOSES LAKE on Parcel 111987008 Via Regular Mail and Return Receipt Mail LOUIS L MATTL Y You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of Moses Lake described as: Lot 3 Block 2 Hayden estates Third Addition This property is located at: 1116 S EVERGREEN DR, MOSES LAKE on Parcel 111987008 On Friday, June 17, 2016 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of Monday, June 27, 2016 the nuisance located on the subject property has not been corrected or removed. Pursuant to Moses Lake Municipal Code (MLCM) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Council at the Council's regular meeting on Tuesday August 9, 2016 which is more than ten days from the date of this letter. That meeting will begin at 7 :00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of the subject property. At the hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone (509) 764-3701. Sincerely, _ ~z Code Enforcement Officer cc: City Manager City Attorney Community Development Director Exhibit 4 Page 1 of 1