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10252016_{i_ ~ ~-c. It" • f HOSES LAKE Moses Lake City Council Todd Voth, Mayor I Karen Liebrecht, Deputy Mayor I Bill Ecret, Council Member I Ryann Leonard, Council Member I David Curnel, Council Member I Don Myer, Council Member I Mike Norman, Council Member October 25, 201 6 City Council Meeting Agenda Closed Door Session -Labor Relations-6:30 pm Call to Order -7:00 pm Roll Call Pledge of Allegiance Summary Reports: Mayor's report • Park and Recreation Commission Appointment -Tracey Additional Business City Manager's Report • Citizen Recognition -Moses Lake Towing -ML Police Department • New Employee Introduction -ML Police Clerk -Martinez Citizen's Communications-Identification Citizens who would like to address the council must complete one of the blue speaker request cards and submit it to the Executive Secretary. There is a (5) minute time limit per speaker. Consent Agenda All items listed below are considered to be routine and w ill 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 p rior to the time Council votes on the motion to adopt the Consent Agenda. #1 a. Approval of Minutes -October 11, 2016 b. Approval Bills and Checks Issued October 25, 2016, City Council Meeting -Page 2 Old Business #2 Department of Ecology -Shoreline Master Program Update Motion Presented by Gil Alvarado, Community Dev Dir I Deputy City Manager Summary: Council to review and adopt the conditional Shoreline Master Program as presented #3 MLMC Chapter 8.14 Nuisances-End of Season Recap Presented by Gil Alvarado, Community Dev Dir I Deputy City Manager Summary: Council to discuss current issues with MLMC Chapter 8.14 and provide direction to staff New Business #4 Resolution -Nuisance Abatement -908 W. Loop Dr Motion Presented by Gil Alvarado, Community Dev Dir I Deputy City Manager Summary: Council to review and accept resolution as presented #5 Ordinance -Property Taxation Presented by Robert Taylor, Finance Director Summary: Council to review, discuss and accept ordinances as presented Administrative Report Council Communications and Reports Executive Session Adjournment CIT Y OF MOSES LAKE October 20, 2016 TO: Council Members FROM: Mayor Todd Voth RE: Appointment to the Parks and Recreation Commission I have received an application requesting an appointment to the Parks and Recreation Commission from Mr. Warren Tracey. l have decided to appoint Mr. Warren Tracey to a 4 year term on the Parks and Recreation Commission. Confirmation of the appointment by the City Council is necessary pursuant to MLMC 2.44.010. I am asking the City Council to confirm the appointment of Mr. Warren Tracey to the Parks and Recreation Commission. TV:sg cc: City Manager City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3750 ·Finance 764-3717 ·Fire 765-2204 Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 ·Police 764-3887 ·Fax 764-3739 401 S Balsam St .. P.O. Drawer 1579 . Moses Lake, WA 98837-0244 . www.cityofml.com · MOSES LAKE CITY COUNCIL October 11 , 2016 The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Voth in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington. Executive Secretary Sophia Guerrero called the roll. The following were: Present: Absent: Mayor Todd Voth, Deputy Mayor Karen Liebrecht, and Council members Don Myers, David Curnel, Ryann Leonard, and Bill Ecret Council member Mike Norman Action Taken: Council member Ecret moved to excuse Council member Norman from the meeting, seconded by Council member Curnel, and passed unanimously. PLEDGE OF ALLEGIANCE: Mayor Voth led the Council in the flag salute. SUMMARY REPORTS FIRE DEPARTMENT Derek Beach, Fire Marshal, was introduced to the Council, took the oath of office, and received his badge of office. CITIZEN'S COMMUNICATIONS -None CONSENT AGENDA Minutes: The minutes of the September 27 meeting were presented for approval. 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 11 , 2016 the Council does approve for payment claims in the amount of $432, 134.21 ; prepaid claims in the amount of $13,963.25; claim checks in the amount of $1 , 172,211.57 ; and payroll in the amount of $316,505.25. Resolution -Accept Easement -Campbell Binding Site Plan: A resolution was presented which accepts a municipal access easement for the Campbell Binding Site Plan. Action Taken: Council member Ecret moved that the Consent Agenda be approved, seconded by Council member Curnel, and passed unanimously. OLD BUSINESS ORDINANCE -REPEAL WESTLAKE PLANNED UNIT DEVELOPMENT The Westlake Planned Unit Development (PUD) ordinance was approved in May 2009. A PUD must be developed within three years or it becomes null and void. The ordinance repealing Ordinance 2471 creating the Westlake Planned Unit Development was read by title only. Action Taken: Council member Curnel moved that the ordinance be adopted, seconded by Council member Liebrecht, and passed unanimously. CITY COUNCIL MINUTES: 2 October 11 2016 ORDINANCE -AMEND 17.42 -BOUNDARY LINE ADJUSTMENT An ordinance was presented which amends the notice requirements for boundary line adjustments. The ordinance amending Chapter 17.42 of the Moses Lake Municipal Code entitled "Boundary Line Adjustments" was read by title. Action Taken: Council member Leonard moved that the ordinance be adopted, seconded by Council member Myers, and passed unanimously. NEW BUSINESS RESOLUTION -ACCEPT DONATION -ANONYMOUS DONOR A resolution was presented which accepts a cash donation of $1,000 from an anonymous donor. The funds will be used by the Museum and Art Center as the kick off for the 2016 "Feed the Mammoth" membership drive. The resolution accepting a cash donation of $1,000 from an anonymous donor was read by title only. Action Taken: Council member Leonard moved that the resolution be adopted, seconded by Council member Curnel, and passed unanimously. RESOLUTION -NUISANCE ABATEMENT COSTS -1116 EVERGREEN A resolution was presented which affirms the Council's prior authorization to staff to collect the funds expended for the nuisance abatement at 1116 Evergreen. The resolution establishing the billing to be imposed against Louis Mattley as the owner of certain real property upon which the City caused abatement of a nuisance to be performed after a failure of the property owner to abate the same was read by title only. Action Taken: Council member Ecret moved that the resolution be adopted, seconded by Council member Curnel, and passed unanimously. ADMINISTRATIVE REPORTS BUDGET John Williams, City Manager, requested a study session to discuss the budget. It was the consensus of Council to hold a study session in the Council Chambers from 9 a.m. to 3 p.m. with a catered lunch on a date to be determined. COUNCIL COMMUNICATIONS AND REPORTS GRANT COUNTY HEAL TH DISTRICT Theresa Adkinson, Administrator of the Grant County Health District, presented information on the public health programs and activities occurring throughout Grant County and updated the Council on other health issues and programs the Health District is involved in. There was some discussion by the Council and it was requested that the City staff investigate the possibility of increasing the City's contribution to the Grant County Health District. EXECUTIVE SESSION The regular meeting was recessed at 7:45 p.m. and the Council met in a 15 minute executive session with the City Attorney under RCW 42.30.110(1) to discuss potential litigation with potential action to follow. CITY COUNCIL MINUTES: 3 October 11 , 2016 The executive session was adjourned at 7:55 p.m. and the regular meeting was reconvened. COVILLE CONFEDERATED TRIBES Action Taken: Council member Liebrecht moved that the City Manager be authorized to execute an agreement with Colville Fuels, LLC as discussed in executive session for further utility connection, seconded by Mrs. Leonard, and passed unanimously. ADJOURNMENT: The regular meeting was adjourned at 7:57 p.m. ATTEST Todd Voth , Mayor W. Robert Taylor, Finance Director DATE 10/20/16 TIME 15:06:58 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 10/25/2016 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O . Number P.O. Amount Purpose of Purchase ======================================================================================================================= 2M COMPANY INC 00004450 A & H PRINTERS 00000001 A B C HYDRAULICS 00006611 AAA READYMIX INC 00000027 ACE HARDWARE 00006538 AG WEST DISTRIBUTING CO INC 00006842 AMERISTAY INN & SUITES 00004371 APWA 00000004 ARIKA LOEFFLER 00006430 ARROW INTERNATIONAL INC 00007629 BASIN SEPTIC SERVICES 00000166 0000078891 TOTAL: 0000078934 0000078861 0000078990 TOTAL: 000007 8863 6.16 MISC SUPPLIES 6.16 666 .82 80.93 583. 36 1,331.11 PRINTING BUSINESS CARDS-WASTEWATER DIV FIELD REPORT PRINTING 298 .10 MISC SUPPLIES ====================== TOTAL : 298.10 0000078862 401 .25 CONCRETE ====================== TOTAL: 401. 25 0000078954 230.75 MISC SUPPLIES ====================== TOTAL: 230.75 0000078864 12.62 MISC SUPPLIES ====================== TOTAL: 12 .62 0000078981 169.24 MAC PRESENTER LODGING ====================== TOTAL: 169.24 0000078904 TOTAL: 0000078967 TOTAL: 0000078985 0000078985 720.00 APWA MEMBERSHIP RENEWAL 720 . 00 336.00 KINDERMUSIK INSTRUCTION . 336 .00 560 .25 IO NEEDLES & DRILLS 969 .28 IO NEEDLES & DRILLS ====================== TOTAL: 1,529.53 0000078955 566.48 SEPTIC SERVICE DATE 10/20/16 TIME 15:06:58 PAGE 2 XAPPRVD CITY OF MOSES LAKE TABULATION OF CLAIMS TO BE APPROVED C 0 U N C I L M E E T I N G 0 F 10/25 /2016 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= BATTERY SYSTEMS 00004673 BECKER ARENA PRODUCTS INC 00005770 BOUND TREE MEDICAL LLC 00006022 BUD CLARY TOYOTA CHEVROLET 00000150 BUSINESS INTERIORS & EQUIPMENT 00003619 CASCADE FIRE CORPORATION 00003644 CASCADE NATIJRAL GAS CORP 00000203 CEDAR STREET CLEANERS 00004655 CENTRAL MACHINERY SALES INC 00002779 CENTRAL MANUFACTURING INC 00005478 ====================== TOTAL: 0000078983 0000078983 0000078865 566.48 32. 63 32. 63 14.51 ====================== TOTAL: 0000078561 0000078561 79. 77 2,270.24 11,393.67 ====================== TOTAL: 13,663.91 0000078989 2,590.69 ====================== TOTAL: 2,590.69 0000078866 251.10 ====================== TOTAL: 251.10 0000078971 53. 94 ====================== TOTAL: 53.94 0000078855 5,393.45 ====================== TOTAL: 0000078980 0000078951 0000078951 5,393.45 24.27 94 .13 38.69 ====================== TOTAL: 157.09 0000078929 724.30 TOTAL: 724.30 0000078867 334 .11 ====================== TOTAL : 334 .11 BATTERIES BATTERIES BATTERIES ICE RINK DASHER BOARD PANELS ICE RINK DASHER BOARD PANELS MEDICAL SUPPLIES MISC REPAIR KEYBOARD DRAWER FIRE HOSE SNS GAS USAGE NAT GAS SERVICE NAT GAS SERVICE UNIFORM MAINTENANCE MISC SUPPLIES DATE 10/20/16 TIME 15:06:58 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 10/25/2016 , Expenditure Account PAGE 3 XAPPRVD NAME OF VENDOR Department VENDOR NO Object Description P.O. Number P.O. Amount .Purpose of Purchase ======================================================================================================================= 0000078868 343. 96 ASPHALT PATCH 0000078868 701. 52 ASPHALT PATCH ====================== TOTAL: 1,045.48 CENTRAL WASH POLYGRAPH & INVES 00005079 0000078932 150.00 POLYGRAPH ====================== TOTAL: 150.00 CENTRAL WASHINGTON EXCAVATION 00004279 0000078979 101.35 MISC DUMPING-TAX ====================== TOTAL : 101. 35 CHASE PAYMENTECH-EFT 00004046 0000078944 757.57 CREDIT CARD FEES 0000078944 757.57 CREDIT CARD FEES 0000078944 757.57 CREDIT CARD FEES 0000078944 757.57 CREDIT CARD FEES 0000078944 757 .57 CREDIT CARD FEES ====================== TOTAL: 3,787 .85 CITY OF MOSES LAKE 00008201 0000078900 336.37 WATER SERVICE 0000078900 113 .62 WATER SERVICE 0000078900 905.74 WATER SERVICE 0000078900 6,677 .27 WATER SERVICE 0000078900 971. 90 WATER SERVICE 0000078900 1,868.89 WATER SERVICE 0000078900 941. 31 WATER SERVICE 0000078900 3,023.68 WATER SERVICE 0000078900 207.56 WATER SERVICE 0000078900 411 .67 WATER SERVICE 0000078900 450 .44 WATER SERVICE DATE 10/20/16 TIME 15:06:58 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 10/25/2016 Expenditure Account PAGE 4 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000078900 2,107.17 WATER SERVICE 0000078900 140.28 WATER SERVICE 0000078900 110. 96 WATER SERVICE 0000078900 196 .41 WATER SERVICE 0000078900 4,619.70 WATER SERVICE 0000078900 2,680.00 WATER SERVICE 0000078900 107.96 WATER SERVICE 0000078900 1,965.74 WATER SERVICE 0000078900 1,999.43 WATER SERVICE 0000078900 435 .58 WATER SERVICE 0000078900 285.34 WATER SERVICE 0000078900 969 .95 WATER SERVICE 0000078900 471.99 WATER SERVICE 0000078900 381. 37 WATER SERVICE 0000078900 . 795.05 WATER SERVICE 0000078900 202.84 WATER SERVICE 0000078900 98.82 WATER SERVICE ====================== TOTAL: 33,477.04 COLUMBIA BASIN DAILY HERALD 00000210 0000078962 228.10 PR PROGRAM ADVERTISING 0000078962 228 .10 PR PROGRAM ADVERTISING 0000078930 108.00 ADVERTISING ====================== TOTAL: 564.20 COLUMBIA BASIN MACHINE 00000211 0000078870 2,158.00 REMOVE/REPLACE SHAFT&BEARINGS ====================== TOTAL: 2,158.00 COLUMBIA BEARING EDI 00000274 0000078973 19.10 MISC SUPPLIES DATE 10/20/16 TIME 15:06:58 PAGE 5 XAPPRVD C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E E T I N G 0 F 10/25/2016 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= COLUMBIA BEARING BDI 00000274 COMMERCIAL TIRE 00005968 CONSOLIDATED ELECTRIC DIST 00000819 CROWN PAPER & JANITORIAL 00007120 CSWW, INC dba NO 40 OUTFITTERS 00001701 DAY WIRELESS SYSTEMS 00005517 DECKERS OUTDOOR CORPORATION 00006550 DEPT OF LABOR & INDUSTRIES 00005832 DON TERRELL 00004174 E F RECOVERY 00007244 0000078973 0000078973 72.33 MISC SUPPLIES 16 .01 MISC SUPPLIES ====================== TOTAL: 0000078869 TOTAL: 0000078956 0000078892 107.44 1,403.65 TIRES/FLAT REPAIR 1,403.65 303.37 MISC SUPPLIES 64.74 MISC SUPPLIES ====================== TOTAL: 0000078893 TOTAL: 0000078961 0000078961 0000078984 368 .11 466.40 JANITORIAL SUPPLIES 466 .40 40.41 MISC SUPPLIES 242.48 MISC SUPPLIES 3.23 HOSE MENDER ====================== TOTAL: 286 .12 0000078928 1,274.46 SERVICES ====================== TOTAL : 0000078977 TOTAL: 0000078952 TOTAL : 0000078887 TOTAL: 0000078986 0000078986 1,274.46 119 .57 SNS MERCHANDISE RESALE 119 .57 69 .10 RENEW OP CERT-WHEEL CHAIR LIFr 69 .10 102 .00 REIMBURSE CDL ENDORSEMENT 102.00 3,977.50 AMBULANCE BILLING/ SEPTEMBER 630.30 AMBULANCE BILLING / SEPTEMBER DATE 10/20/16 PAGE 6 TIME 15:06:58 XAPPRVD NAME OF VENDOR Department CITY OF MOSES LAKE T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E E T I N G 0 F 10/25/2016 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= FASTENAL COMPANY 00007372 FERGUSON ENTERPRISES INC #3007 00005482 FORSCH POLYMER CORP 00005869 GALLS, LLC 00000133 GRAINGER PARTS OPERATIONS 00002755 GRANT CO SOLID WASTE DEPT 00000640 HACHE'ITE BOOK GROUP 00008039 0000078986 96.35 AMBULANCE BILLING / SEPTEMBER ====================== TOTAL: 4, 704.15 0000078957 90.28 MISC SUPPLIES 0000078871 38.61 MISC SUPPLIES/SAFETY 0000078871 175.63 MISC SUPPLIES /SAFETY 0000078871 588 .81 MISC SUPPLIES/ SAFETY ====================== TOTAL: 00 00078872 0000078872 0000078872 000007 8872 TOTAL: 0000078974 TOTAL: 0000078918 0000078991 0000078991 893.33 51.38 178 . 04 3.56 32.82 265.80 988.07 988 .07 1,124.33 872 .22 567.28 MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES PAINT UNIFORMS PARKAS & UNIFORM SHIRTS PARKAS & UNIFORM SHIRTS ====================== TOTAL: 0000078873 0000078873 TOTAL: 0000078896 2,563.83 322.35 JANITORIAL SUPPLIES 345 .40 JANITORIAL SUPPLIES 667.75 23,295.10 LANDFILL DUMPING FEES ====================== TOTAL : 23,295.10 0000078970 229 .36 MAC RESALE DATE 10/20/16 TIME 15:06:58 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 10/25/2016 Expenditure Account PAGE 7 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= IDVILLE 00006285 IRRIGATORS INC 00003840 JERRYS AUTO SUPPLY 00005835 KATHERINE L KENISON PS 00006980 KIMMEL ATHLETIC SUPPLY 00003462 KONE INC 00006438 KONICA MINOLTA BUSINESS SOL 00007194 LAKE BOWL 00001109 LAKESIDE DISPOSAL & RECYCLING 00003188 LES SCHWAB TIRE CENTER 00003519 ====================== TOTAL: 229 .36 0000078927 3,351.81 equipment ====================== TOTAL: 3,351 .81 0000078874 588.02 MATCO BALL VALVES ====================== TOTAL: 0000078959 0000078982 0000078982 TOTAL: 0000078899 TOTAL : 0000078975 0000078975 588.02 104 .30 MISC SUPPLIES 54.91 MISC FIRE SUPPLIES 157.50 MISC FIRE SUPPLIES 316 .71 8,832.00 PROF SERVICE/CITY ATTY 8,832.00 258.49 SOCCER NET/VOLLEYBALLS 806.23 SOCCER NET/VOLLEYBALLS ====================== TOTAL: 0000078876 0000078876 1, 064. 72 65.35 ELEVATOR MAINTENANCE 371 .47 ELEVATOR MAINTENANCE ====================== TOTAL: 436 .82 0000078897 138 .18 MAINT AGREE/CH COPIER ====================== TOTAL: 138 .18 0000078966. 155 .38 SOFTBALL PLAQUES TOTAL: 155.38 0000078963 15 . 03 SNS RECYCLING ====================== TOTAL: 15.03 0000078877 362.19 TIRES/WHEEL BALANCE DATE 10/20/16 TIME 15:06:58 C I T Y 0 F M 0 S E S L A K E PAGE 8 XAPPRVD T A B U L A T I 0 N COUNCIL 0 F C L A I M S M E E T I N G T 0 B E A P P R 0 V E D 0 F 10/25/2016 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= MCMASTER CARR SUPPLY COMPANY 00005385 MOSES LAKE SOCCER TOTS 00007063 MOSES LAKE STEEL SUPPLY 00001268 NORCO ENTERPRISES INC 00006590 OASIS AUTO SPA 00004834 OLIVIA MARTINEZ 00006311 OU PRESS DISTRIBUTION CENTER 00006745 OXARC INC 00001412 PITNEY BOWES INC 00005702 PLATT ELECTRIC COMPANY 00001549 ====================== TOTAL: 362.19 0000078878 228.68 ====================== TOTAL: 0000078972 TOTAL: 0000078960 0000078978 228.68 532.00 532.00 50 .53 11.44 ====================== TOTAL: 0000078994 0000078994 61. 97 186.15 10.68 ====================== TOTAL: 196.83 0000078859 384 .75 ====================== TOTAL: 384.75 0000078921 87.56 ====================== TOTAL: 87 .56 0000078969 106.93 ====================== TOTAL: 0000078964 0000078965 0000078879 106 .93 36 .69 231. 08 13 .40 ====================== TOTAL: 281.17 0000078922 91. 70 ====================== TOTAL: 91 .70 0000078880 231. 05 MISC SUPPLIES SOCCER/BASEBALLTOT INSTRUCTION MISC SUPPLIES MISC SUPPLIES MEDICAL OXYGEN & CYLINDER RENT MEDICAL OXYGEN & CYLINDER RENT CAR WASHES-SEPTEMBER UNIFORMS MAC RESALE MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES POSTAGE MACHINE INK MISC SUPPLIES DATE 10/20/16 TIME 15 :06:58 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 10/25/2016 Expenditure Account PAGE 9 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ====================== TOTAL: 231. 05 PRO FORCE LAW ENFORCEMENT 00004260 0000078924 1,205 .53 EQUIPMENT ====================== TOTAL: 1,205.53 QCL INC 00006542 0000078950 704.00 HEARING TESTS 0000078895 72 .00 RANDOM DRUG TESTING 0000078895 181.25 RANDOM DRUG TESTING 0000078895 290.50 RANDOM DRUG TESTING ====================== TOTAL: 1,247.75 QUILL CORPORATION 00004811 0000078898 181. 22 MISC SUPPLIES 0000078993 63.78 OFFICE SUPPLIES 0000078993 63.79 OFFICE SUPPLIES ====================== TOTAL: 308.79 R W C GROUP 00007138 0000078881 88 .49 TRANSMISSION COVER ====================== TOTAL: 88.49 RAINBOW FLYING SERVICE 00003974 0000078857 40 0.00 LAWN CARE CONTRACT ====================== TOTAL: 400.00 REDFLEX TRAFFIC SYSTEMS 00004837 0000078890 15,507.87 PROF SERV/RED LIGHT TICKETS ====================== TOTAL: 15,507.87 SEA WESTERN INC 00001879 0000078987 1146. 73 MSA SPECTACLE KIT ====================== TOTAL: 146 .73 SHERWIN-WILLIAMS 00006229 0000078968 22.79 MISC SUPPLIES ====================== TOTAL: 22 .79 SOLID WASTE SYSTEMS INC 00005276 0000078908 831.38 MISC SUPPLIES ====================== TOTAL: 831.38 SUPPLYWORKS 00003053 DATE 10/20/16 TIME 15:06:58 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 10/25/2016 Expenditure Account PAGE 10 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000078882 747.00 JANITORIAL SUPPLIES ====================== TOTAL: 747.00 TALX UC EXPRESS 00000062 0000078923 375.00 UIC ADMIN FEE ====================== TaI'AL: 375.00 TATUM LAWN CARE 00005928 0000078931 134. 88 CLEAN UP WEEDS/EVERGREEN ====================== TOTAL: 134. 88 THOMAS L TWEDE 00005093 0000078884 200.00 INSTALL/REMOVE BUOY LAGUNA ====================== TarAL: 200.00 TYCO INC 00004451 0000078885 85.41 OIL SUPREME 7000 10W30 ====================== TOTAL: 85.41 UMPQUA BANK/MERCHANT-EFT 00005882 0000078941 452.99 CREDIT CARD FEES 0000078941 189.81 CREDIT CARD FEES 0000078941 71. 01 CREDIT CARD FEES 0000078941 20.49 CREDIT CARD FEES 0000078941 65.18 CREDIT CARD FEES 0000078941 31.27 CREDIT CARD FEES 0000078941 31. 29 CREDIT CARD FEES 0000078941 31.29 CREDIT CARD FEES 0000078941 31. 29 CREDIT CARD FEES 0000078941 31.29 CREDIT CARD FEES ====================== TaI'AL: 955 .91 UMPQUA VANTIV MERCHANT-EFT 00007672 0000078942 86.10 CREDIT CARD FEES 0000078942 22.61 CREDIT CARD FEES 0000078942 104.43 CREDIT CARD FEES 0000078942 67.24 CREDIT CARD FEES DATE 10/20/16 TIME 15:06:58 C I T Y 0 F M 0 S E S L A K E PAGE 11 XAPPRVD T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E E T I N G 0 F 10/25/2016 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= UMPQUA VANTIV MERCHANT-EFT 00007672 0000078942 6.90 CREDIT CARD FEES 0000078942 6.90 CREDIT CARD FEES 0000078942 6.90 CREDIT CARD FEES 0000078942 6.90 CREDIT CARD FEES 0000078942 6.92 CREDIT CARD FEES ====================== TOTAL: 314. 90 UTIL UNDRGRND LOCATION CENTER 00004598 0000078856 45.58 UNDERGROUNG UTILITY LOCATES 0000078856 45.58 UNDERGROUNG UTILITY LOCATES 0000078856 45.58 UNDERGROUNG UTILITY LOCATES ====================== TOTAL: 136. 74 VERIZON WIRELESS 00002107 0000078925 40 .01 CELL SERVICE/LAPTOPS 0000078925 25.53 CELL SERVICE/LAPTOPS 0000078925 675 .50 CELL SERVICE/LAPTOPS 0000078925 40.01 CELL SERVICE/LAPTOPS 0000078925 80.02 CELL SERVICE/LAPTOPS 0000078925 40.01 CELL SERVICE/LAPTOPS 0000078925 40.01 CELL SERVICE/LAPTOPS 0000078925 40.01 CELL SERVICE/LAPTOPS ====================== TOTAL: 981.10 VISTA SERVICE & TOWING 00004604 0000078935 193 .14 TOWING ====================== TOTAL: 193.14 W S DARLEY & COMPANY 00004231 0000078996 4,451.06 THERMAL CAMERAS ====================== TOTAL: 4,451.06 WA ST CRIMINAL JUSTICE TRNG 00003831 0000078933 1,500 .00 REGISTRATION DATE 10/20/16 TIME 15:06:58 NAME OF VENDOR Department CITY OF MOSES LAKE 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 10/25/2016 Expenditure Account PAGE 12 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= WESTERN PETERBILT INC 00006802 WESTERN SYSTEMS 00006838 WILSON ENGINEERING 00007286 XPRESS BILL PAY -EFT 00006421 Z ENGINEERS PLLC 00005614 ZIGGYS #13 00006567 ====================== TOI'AL: 1,500.00 0000078889 212 .82 MISC SUPPLIES ====================== TOI'AL: 0000078888 TOI'AL : 0000078854 TOI'AL: 0000078943 0000078943 0000078943 0000078943 0000078943 212.82 2,112.47 REPAIR SEWER TRACTOR CAMERA 2, 112 .47 5,213 .50 PROFESS SRV DUNES WWTF IMPR 16 5,213 .50 334.51 CREDIT CARD FEES 334.50 CREDIT CARD FEES 334.50 CREDIT CARD FEES 334.51 CREDIT CARD FEES 334 .51 CREDIT CARD FEES ====================== TOI'AL: 1,672.53 0000078853 7-75. 60 PROFESS SERV WINONA L/S 2016 TOTAL: 775.60 0000078894 79.25 MISC SUPPLIES ====================== TOTAL: 79.25 ============================= REPORT TOI'AL: 165 I 301. 90 DATE THU, OCT 20, 2016, 3:06 PM TIME 15:06:59 TOTALS BY FUND FUND NO --------- 000 103 116 410 477 490 493 495 498 501 517 519 528 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 FUND NAME -------------------------------------- GENERAL FUND GRANTS AND DONATIONS STREET WATER/SEWER WATER SEWER CONSTRUCTION SANITATION STORM WATER AIRPORT AMBULANCE FUND UNEMPL COMP INS CENTRAL SERVICES EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW LAKE T 0 B E A P P R 0 V E D 0 F 10/25/2016 AMOUNT -------------- 86, 161. 32 1,374 .77 8,369.60 8,845 .14 5,989.10 24,425.36 3,228.69 835.58 11 ,398.55 375 .00 269.89 7,373 .23 6,655.67 165, 301. 90 VEND NO. P. 0. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTALS PAGE XAPPRVD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CLAIM S APPROVAL * * * * 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 $165,301.90 THIS 25TH DAY OF OCTOBER, 2016 * * * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..................................................... * * COUNCIL MEMBER COUNCIL MEMBER .. * * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..................................................... * * COUNCIL MEMBER FINANCE DIRECTOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DATE 10/14/16 TIME 10:16:23 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 10/25/2016 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O . Number P.O. Amount Purpose of Purchase ======================================================================================================================= CHS INC 00000249 0000078858 17,364.12 FUEL FOR VEHICLES ====================== TOTAL: 17,364.12 DAT ABAR 00007974 0000078883 443.64 MAIL tITILITY BILLS 0000078883 443.64 MAIL tITILITY BILLS 0000078883 443.63 MAIL tITILITY BILLS 0000078883 443.64 MAIL tITILITY BILLS 0000078883 443.64 MAIL UTILITY BILLS ====================== TOTAL: 2,218.19 HOME DEPOT CREDIT SERVICES 00007824 0000078919 395.28 MISC SUPPLIES 0000078919 115.75 MISC SUPPLIES 0000078919 188.12 MISC SUPPLIES 0000078919 143. 49 MISC SUPPLIES 0000078919 62.21 MISC SUPPLIES 0000078919 63.36 MISC SUPPLIES 0000078919 22.00 MISC SUPPLIES ====================== TOTAL: 990 .21 LAKESIDE DISPOSAL 00004080 0000078926 190,710.44 CONTRACT PAYMENT ====================== TOTAL: 190,710.44 LOWES 00003886 0000078901 23.49 MISC SUPPLIES 0000078901 801.48 MISC SUPPLIES 0000078901 57.73 MISC SUPPLIES 0000078901 93.52 MISC SUPPLIES 0000078901 30.04 MISC SUPPLIES 0000078901 48.47 MISC SUPPLIES DATE 10/14/16 TIME 10:16:23 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 10/25/2016 Expenditure Account PAGE 2 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ==============================================================================================~======================== 0000078901 4.74 MISC SUPPLIES 0000078901 21.36 MISC SUPPLIES 0000078901 131. 66 MISC SUPPLIES 0000078901 36.64 MISC SUPPLIES 0000078901 27.29 MISC SUPPLIES ====================== TOTAL: 1,276.42 PUD OF GRANT COUNTY 00001501 0000078915 623.14 ELECTRIC SERVICE 0000078915 18.90 ELECTRIC SERVICE 0000078915 5,506.92 ELECTRIC SERVICE 0000078915 707.87 ELECTRIC SERVICE 0000078917 2,421.47 ELEC SERVICE-ST LIGHTS 0000078915 31.78 ELECTRIC SERVICE 0000078915 144.76 ELECTRIC SERVICE 0000078915 27.02 ELECTRIC SERVICE 0000078915 1,221.54 ELECTRIC SERVICE 0000078915 254. 77 ELECTRIC SERVICE 0000078915 1,111.64 ELECTRIC SERVICE 0000078915 121.14 ELECTRIC SERVICE 0000078915 24.48 ELECTRIC SERVICE 0000078915 727. 76 ELECTRIC SERVICE 0000078915 197.43 ELECTRIC SERVICE 0000078917 37,229.93 ELEC SERVICE-ST LIGHTS 0000078915 43,403.14 ELECTRIC SERVICE DATE 10/14/16 PAGE 3 TIME 10:16:23 XAPPRVD NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E E T I N G 0 F 10/25/2016 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000078915 13,505.49 ELECTRIC SERVICE 0000078915 87.95 ELECTRIC SERVICE 0000078915 2,075.77 ELECTRIC SERVICE 0000078915 525.10 ELECTRIC SERVICE 0000078915 1,301.54 ELECTRIC SERVICE 0000078915 945. 04 ELECTRIC SERVICE ====================== TOTAL: 112, 214. 58 TODD SCHANZE 00005800 0000078792 502.76 T & S / SCHANZE /TRAUMA CONF. ====================== TOTAL: 502.76 UMPQUA BANK 00007077 0000078920 135. 00 T & S/ REGIS/DUES 0000078920 113.63 T & S/ REGIS/DUES 0000078920 240.00 T & S/ REGIS/DUES 0000078936 50.00 T & Sf COMPUTER SUPPLIES 0000078936 1,215.97 T & S/COMPUTER SUPPLIES 0000078938 466.09 OFFICE, WELLNESS, REGISTRATION 0000078938 882.09 OFFICE, WELLNESS, REGISTRATION 0000078938 395.00 OFFICE, WELLNESS, REGISTRATION 0000078938 227.99 OFFICE, WELLNESS, REGISTRATION 0000078903 189 .90 EGR, WELLNESS, STORMWATER EXP 0000078903 186.61 EGR, WELLNESS, STORMWATER EXP 0000078949 4,586.85 MISC SUPPLIES 0000078916 1,266.00 MISCELLANEOUS DATE 10/14/16 TIME 10:16:23 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 10/25/2016 Expenditure Account PAGE 4 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= UMPQUA BANK 00007077 0000078916 64.84 MISCELLANEOUS 0000078916 2,920.69 MISCELLANEOUS 0000078916 434.00 MISCELLANEOUS 0000078940 14.61 CREDIT PURCHASES / SEPTEMBER 0000078947 1,097.74 CREDIT PURCHASES / SEPTEMBER 0000078948 718.00 CREDIT PURCHASES / SEPTEMBER 0000078948 110 .17 CREDIT PURCHASES / SEPTEMBER 0000078948 2,308.98 CREDIT PURCHASES / SEPTEMBER 0000078948 76.78 CREDIT PURCHASES / SEPTEMBER 0000078947 1,041.49 CREDIT PURCHASES / SEPTEMBER 0000078936 343.30 T & S/COMPUTER SUPPLIES 0000078947 58 .18 CREDIT PURCHASES / SEPTEMBER 0000078902 99.10 MISC SUPPLIES/REGISTRATIONS 0000078902 390.45 MISC SUPPLIES/REGISTRATIONS 0000078902 9.88 MISC SUPPLIES/REGISTRATIONS 0000078902 110.00 MISC SUPPLIES/REGISTRATIONS 0000078902 286.23 MISC SUPPLIES/REGISTRATIONS 0000078902 9.87 MISC SUPPLIES/REGISTRATIONS 0000078903 60.84 EGR, WELLNESS, STORMWATER EXP 0000078902 75.00 MISC SUPPLIES/REGISTRATIONS 0000078948 38.12 CREDIT PURCHASES / SEPTEMBER DATE 10/14 /16 PAGE 5 TIME 10 :16 :23 XAPPRVD NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E E T I N G 0 F 10/25/2016 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= UMPQUA BANK 00007077 000007894 7 907.30 CREDIT PURCHASES / SEPTEMBER 0000078945 22.89 CREDIT PURCHASES / SEPTEMBER 0000078936 498.09 T & Sf COMPUTER SUPPLIES 0000078936 2,508.00 T & Sf COMPUTER SUPPLIES 0000078902 186.30 MISC SUPPLIES/REGISTRATIONS 0000078902 45.15 MISC SUPPLIES/REGISTRATIONS 0000078945 221..41 CREDIT PURCHASES / SEPTEMBER 0000078902 117. 00 MISC SUPPLIES/REGISTRATIONS 000 0078902 173.32 MISC SUPPLIES/REGISTRATIONS 0000078902 460.59 MISC SUPPLIES/REGISTRATIONS 0000078902 75.80 MISC SUPPLIES/REGISTRATIONS ====================== TOTAL: 25,439.25 REPORT TOTAL: 350, 715.97 DATE FRI , OCT 14, 2016 , 10 :16 AM TIME 10:16:25 TOTALS BY FUND FUND NO 000 103 116 410 490 493 495 498 517 519 528 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 FUND NAME GENERAL FUND GRANTS AND DONATIONS STREET WATER/SEWER SANITATION STORM WATER AIRPORT AMBULANCE FUND CENTRAL SERVICES EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW LAKE TO BE APPROVED 0 F 10/25/2016 AMOUNT 33,079.35 525.04 37,763.05 58,876.14 191,154.07 579.48 87.95 1,914.71 3,006.09 17,933.98 5,796.11 350,715.97 VEND NO. P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTALS PAGE XAPPRVD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CLAIMS APPROVAL * * * * 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 $350,715.97 THIS 25TH DAY OF OCTOBER, 2016 * * * * * * * * COUNCIL MEMBER COUNCIL MEMBER * * * * * * * * COUNCIL MEMBER FINANCE DIRECTOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev Dir I Deputy City Manager October 25, 2016 Motion Shoreline Master Program Update -Conditional Approval Legislative History: I July 12, 2016 September 13, 2016 Motion The Washington State Department of Ecology (DOE) gave notice to the City of Moses Lake on July 12, 2016 via letter of their intent to conditionally adopt the Moses Lake Shoreline Master Program (SMP). This letter detailed two options: 1) agree to the DOE changes as drafted or; 2) submit and alternate proposal. The City Council directed staff to notify the DOE of their intent to submit an alternate proposal. To date there has been no alternate proposal submitted to DOE. It was the Council's direction to meet with DOE staff prior to taking any further action. Since the July 12th City Council meeting, there have been two (2) meetings with DOE. The first meeting was with the Mayor, Councilmember Leonard and city staff to go over the recommendations of their conditional approval. The second meeting was with the Mayor and city staff to field test the draft language as proposed by DOE. Background: The City of Moses Lake is obligated under State statute to adopt a SMP that is compliant with amended Shoreline Management Act. The City Council has reviewed the Draft SMP and made recommendation to DOE. The DOE did not fully accept the recommendations as presented and offered changes that they felt are compliant with the Shoreline Management Act. Page 1of2 Fiscal and Policy Implications If the City Council is to consider an alternate SMP proposal as provided by the process of SMP adoption, the Council will need to consider an outside source for assistance. Staff is not in a position to address DOE's concerns given the complexity of the issues. Options ------·---··--_<!Etion --·-.. -----.Re~'!Jts ... __________ .. __ _ • Accept the DOE proposed changes to Adoption of the SMP moves forward to DOE for the Moses Lake SMP signature and codification. • Provide DOE with alternate SMP Continued SMP adoption and fiscal impacts to proposal for their review the General Fund Staff Recommendation Given the lack of an SMP alternate proposal at this time, staff is recommending that the City Council adopt the conditional Shoreline Master Program as presented by the DOE submittal. Attachments I A. I DOE Letter Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel N/A Page 2 of 2 Wetland Buffers in City of Moses Lake Shoreline Master Program Update Council Draft Watershed Dept. of Ecology 6-7-16 Dept. of Ecology SMP Recommendation Requirement 8-5-16 Agreed Approach Category 25' Option 1: 60' minimum Watershed's Ill Buffer no increase (Based on existing + 15' if 5 habitat points Option 1 for higher conditions) +45' if 6-7 habitat points habitat scores Combine Shoreline + 75' if 8-9 habitat points Residential with (Standard buffers from Shoreline Residentia I 2014 state guidance) Resource. 25' minimum + 10' if 5 habitat points, + 50' if 6-7 habitat points Option 2: Standard buffers from 2012 state guidance: 60' minimum + 30' if 5 habitat points + 60' if 6-7 habitat points Category 25' 40' 40' 25' IV Buffer + 15' for 1-5 habitat points STATE OF WASHINGTON DEPARTMENT OF ECOLOGY f'() Box -l7600 • 01> mpii!, WA 98SIJ4-7600 • 360-407-6000 711 for W,1shingta11 Relay Service • l,C'rsons with ii )peec/1 disabifity can c.tlf 877-l/33·614 1 June 7, 2016 The Honorable Todd Voth City of Moses Lake 401 South Balsam Street PO Box 1579 Moses Lake, WA 9883 7 RE CEIVED COMMUNITY DEVELOPMENT 1 .'.\ PLANNING AND BUii DING cqv OF MOSES AKE= Re: City of Moses Lake Comprehensive Shoreline Master Program Update - Conditional Approval, Ordinance Number 2732 Dear Mayor Voth: I wou1d like to take this opportunity to commend the City of Moses Lake (City) for its efforts in developing the proposed comprehensive Shoreline Master Program (SMP) update. The SMP will provide a framework to guide development and habitat restoration along the City's shorelines. As we have already discussed with your staff and the city council, the Washington State Department of Ecology (Ecology) has identified specific changes necessary to make the proposal approvable. 111ese ch~nges, along with recommended changes and detailed rationale for each change are detailed in Attachment B. The findings and conclusions that support Ecology's decision are contained in Attachment A. Attachment C constitutes Ecology's response to public comments received during the state comment peri.od, as well as a discussion of outstanding issues from the City comment period. Pursuant to RCW 90.58 .090 (2)(e), at this point, the City may: • Agree to the proposed changes (required and/or recommended changes), or • Submit an alternative proposal. Ecology will then review the altemative(s) submitted for consistency with the purpose and intent of the changes originally developed by Ecology and with the Shoreline Management Act. Final Ecology approval \vill occur when the City and Ecology agree on language that meets statutory and Guideline requirements. 0 The Honorable Todd Voth June 7, 2016 Page 2 Please provide your w1itten response within 30 days to the Director's Office at the following address: WA State Department of Ecology Attention: Director's Office PO Box47600 Olympia, WA 98504-6700 Ecology appreciates the dedicated work that the City Council, City staff (Rob White), the Planning Commission and the community have put into the Shoreline Master Program update. We look forward to concluding the SMP update process in the near future. If you have any questions or would like to discuss the changes identified by Ecology, please contact our Regional Planner, Jeremy Sikes, at Jeremy.Sikes@ecy.wa.gov/(509) 329-3426. Sincerely, Maia D. Bellon Director Enclosures By Certified Mail [7012 1010 0003 3028 4406) cc: Gil Alvarado, City of Moses Lake Sara Hunt, Ecology Jeremy Sikes, Ecology To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Dir. /Deputy City Manager October 25, 2016 Motion MLMC 8.14 Nuisances-Request for Direction Legislative History: 1 August 23, 2016 j September 13, 2016 I Motion The City Council and city staff recently conducted a field exercise to survey nuisances as defined under MLMC 8.14, entitled Nuisances. These nuisances that were surveyed were specific to property maintenance and weed abatement. No specific direction has been provided to staff with regards to amending MLMC 8.14. The field exercise occurred just before the end of our summer weed abatement program, which was last week. This year was an exceptional year for weed abatement due to the spring weather conditions. This year, Code Enforcement processed approximately 1,100 weed abatement cases that were initiated by complaint or staff. Background: The City Council has had numerous Study Sessions and field visits to investigate how the City of Moses Lake has implemented Code Enforcement measures in general. The topic of weed control and property maintenance has been the primary focus. Page 1of2 On September 1, 2016, the City Council and staff toured developed and undeveloped sites that have be problematic in the past in terms of weed abatement. The Council conducted a study session meeting to discuss their findings from the tour on September 13, 2016. After considerable discussion, the council directed staff to provide informational flyers regarding nuisances to the public either by mailed flyers, inserts with water bills, and social media. As for changing the actual ordinance, there was no direction provided to staff following the tour and study session. Fiscal and Policy Implications Amendments to MLMC 8.14, Nuisances would result in additional case loads for Code Enforcement that could have fiscal implication to those services provided. Options Option Results • Consider amendments to MLMC 8.14 Abatement of grasses, weeds and other vegetation as proposed. • Take no action Staff Recommendation Abatement of grasses, weeds and other vegetation remains enforced under current j provisions of MLMC 8.14. The City Council should consider the discussions with regards to amending MLMC 8.14, Nuisances and provide direction to staff on how to proceed. Attachments A. Moses Lake Municipal Code Chapter 8.14 Nuisances Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel N/A Page 2 of 2 Sections: 8.14.010 Definitions CHAPTER 8.14 NUISANCES 8.14.020 Public Nuisance Defined 8.14.030 Nuisance Defined 8.14.040 Prohibited Conduct 8.14.050 Notice of Violation and Order to Correct or Cease Activity 8.14.060 Correction by Owner or Other Responsible Person 8.14.070 Abatement by the City 8.14.080 Immediate Danger -Summary Correction CITY OF MOSES LAKE MUNICIPAL CODE 8.14.010 Definitions. The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings: A "Boarded Up Building" means any building, with at least twenty-five percent (25%) of exterior openings closed by extrinsic devices or some other manner designed or calculated to be permanent, giving the building the appearance of non-occupancy or non-use for an indefinite period of time. B. "Correct" means to abate, repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community. C. "Code Enforcement Officer" means the City Manager's designee. D. "Health Officer" means the Director of the Grant County Health District or his designee. E. "Responsible Person" means any agent, lessee, or other person occupying or having charge or control of any premises. F. "Building materials" means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar materials. G. "Premises" means any building, lot, parcel, real estate, or land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking lanes. H. "Membrane" means a tarpaulin, banner, fabric, or other sheeting, made of cloth, plastic, vinyl, paper or other similar material. I. "Criminal Street Gang" is defined in RCW 9.94A.030(15) as now enacted or hereafter amended. J. "Pattern of Criminal Street Gang Activity" is defined in RCW 9.94A.030(36) as now enacted or hereafter amended. (Ord. 2406, 7/8/08; Ord. 2299, 3/27/07; Ord. 2196, 2/22/05; Ord. 2023, 6/26/01; Ord. 1529, 1992) 8.14.020 Public Nuisance Defined. A public nuisance is any thing, act, failure to act, occupation or use of property which: A Annoys, injures, or endangers the safety, health, comfort, or repose of one or more persons B. Offends public decency C. Unlawfully interferes with, obstructs, tends to obstruct, or renders dangerous for passage, a public park, street, sidewalk, alley, highway, or other public area D. In any way renders one or more persons insecure in life or the use of property. (Ord. 1529, 1992) 15 (7/08) CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 8.14 -NUISANCES 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. A. The existence of any trash, dirt, filth, and carcass of any animal, waste shrubs, accumulation of lawn or yard trimmings or other offensive matter. B. Defective or overflowing septic or sewage systems, and the existence of any noxious, foul, or putrid liquid or substance which poses a health hazard or creates a noxious odor. C. Any man-caused pool of standing or stagnant water, except storm drainage systems, which serves as a breeding area for insects. D. Accumulation of garbage, decaying vegetation, manure, dead animals, or other noxious things in a street or alley, or on public or private property to an extent injurious to the public health as determined by the Health Officer. E. All other acts, failure to act, occupations, or use of property which is determined by the Health Officer to be a menace to the health of the public. F. All limbs of trees which are less than seven (7) feet above the surface of any public sidewalk, or twelve (12) feet above the surface of any street. G. All buildings, other structures, or portions thereof which have been damaged by fire, decay, neglect, or have otherwise deteriorated or become dilapidated so as to endanger the safety of the public. H. All explosives, flammable liquids, and other dangerous substances stored or used in any manner in violation of the State Fire Code. I. The keeping or harboring of any dog, fowl, or other animal which by frequent or habitual howling, yelping, barking, crowing, or in the making of other noises, annoys or disturbs the public, or the habitual allowing of dogs kept at any one address to run at large in violation of Chapter 6.14 of the Moses Lake Municipal Code entitled "Miscellaneous Provisions". J. Making or causing to be made by any means whatsoever any noise of any kind which is a violation of Chapters 8.28 of the Moses Lake Municipal Code entitled "Noise Control". K. The frequent, repetitive, or continuous sound made by any secured, unsecured, or deteriorated membrane or sheet metal, being moved by the wind or other source, which unreasonably interferes with the peace, comfort and repose of adjacent property owners or possessors. L. Dumping, throwing, placing, leaving or causing or permitting to be dumped, thrown, placed or left, any filth, paper, cans, glass, rubbish, trash garbage, grass trimmings, shrub trimming, and shrubbery of any kind, in or upon any street, alley, sidewalk, ditch, or public or private property of another in the city. M. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, or whole or any part of any dead animal, fish or fowl , or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles. 2. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or malodorous. 16 (6/15) CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 8.14 -NUISANCES 3. Any filthy, littered or trash-covered dwellings, cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings or premises. 4. Any animal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the city. 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 6. Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or galvanized iron receptacles. 7. Any trash, litter, rags, accumulations or empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire hazard. N. The permitting to remain outside any dwelling, building, or other structure, or within any unoccupied or abandoned building, dwelling, or other structure, in a place accessible to children, any abandoned, unattended, or discarded ice chest, refrigerator or other airtight contained, which does not have the door, lid or other locking device removed. 0 . Any pit, hole, basin or excavation which is unguarded or dangerous to life or has been abandoned, or is no longer used for the purpose constructed, or is maintained contrary to statutes, ordinances, or regulations. P. Any well or storage tank permitted to remain on any public or private property without being securely closed or barring any entrance or trap door thereto, or without filling or capping any well. Q . The repair or abandonment of any automobile, truck, or other motor vehicle of any kind upon the public streets or alleys of the city. R. The keeping or permitting the existence of any bees or other insects, reptiles, rodents, fowl, or any other animals, domestic or wild, in any manner contrary to law, or which affect the safety of the public. S. The existence of any fence, other structure, or thing on private or public property abutting or fronting upon any public street, sidewalk, or place, which is sagging, leaning, fallen, decayed or is otherwise dilapidated and creating an unsafe condition. T. The existence of any vine, shrub, or plant growing on, around, or in front of any fire hydrant, utility pole, utility box, or any other appliance or facility provided for fire protection, public or private utility purposes in such a way as to obscure from view or impair access thereto. 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 17 (6/15) CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 8.14 -NUISANCES shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. Compliance shall be required as follows: 1. Property with no sidewalks/activity trail or residential dwelling on the property shall be exempt. 2. Property with sidewalks/activity trail but no residential dwelling shall be required to control vegetation ten feet ( 1 O') from the back of the sidewalks/activity trail. 3. Property with sidewalks/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property. V. The existence of any dead, diseased, infected, or dying tree, shrub, or other vegetation which may pose a danger to vegetation, crops, property, or persons. W. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard. X. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material. Y. The storage or keeping on any premises for more than thirty days of any used or unused building materials as defined in Section 8.14.010 (F), whose retail cost new would exceed one hundred dollars, without a special permit from the building official; provided, that nothing herein shall: 1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion. 2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard, dealer in bu ilding materials or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable laws. 3. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws. Z. The existence on any premises of any unused and abandoned trailer, house trailer, automo- bile, boat or other vehicle or major parts thereof. AA The keeping or maintenance in any area on private property which is clearly visible from a public street, sidewalk, park or other public area any accumulation, collection or untidy storage of any of the following: old appliances or parts thereof; old iron, steel, aluminum or other metal; inoperable vehicles, vehicle parts, machinery or equipment; mattresses, bedding, clothing, rags or cloth; straw, packing materials, cardboard or paper, tin cans, wire, bottles, glass, cans, barrels, bins, boxes, containers, ashes, plaster or cement; or wood. This determination shall not apply to conditions completely enclosed within a building or fencing so as not to be visible from public property. BB. The keeping, permitting or harboring of any fowl, pigeons, rabbits, hoofed or cloven footed animals, except for caged birds kept within a residence or business. CC. The depositing of any debris, vegetation, lawn clippings, lumber piles, wood piles, auto parts or bodies, garbage and the like, or storing of any material of any kind, provided that in residential zones that shall include garbage cans or refuse containers in the alleys of the city, except on garbage pickup day. 18 (6/1 5) CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 8.14 -NUISANCES DD. The existence of graffiti, which is defined as a defacing, damaging, or destructive inscription, figure or design painted, drawn or the like, on the exterior of any building, fence, gate, or other structures or on rocks, bridges, trees, or other real or personal property. EE. The locating of automobiles, trucks, recreational vehicles, trailers, boats, or any other vehicles, vessels, or the like for the purpose of advertising its sale on property located in any commercial or industrial zone not owned by the seller. FF. The permitting of any condition or situation where the soil has been disrupted, disturbed, or destablized so as to allow blowing dust to exist. GG. The existence on any premise any unsecured, unused, or abandoned building or structures. HH. For any building the existence of any broken glass in windows or doors for more than thirty (30) days. II. Buildings or portions thereof that have faulty weather protection, such as openings in walls and roofs. Faulty weather protection shall include temporary weather barriers, such as tarps, plastic or similar material, left in place for more than thirty (30) days. JJ. Any building which has a window, door, or other exterior opening closed by extrinsic devices or some other manner, with material that has not been painted to match or compliment the buildings exterior or remains boarded up for more than sixty (60) days. KK. Any boarded up building that remains boarded up for more than ninety (90) days. LL Permitting any violation of RCW 59.18.510 in any rental dwelling unit. MM. Criminal street gangs and any pattern of criminal street gang activity are each declared to be a public nuisance in violation of this chapter and other applicable code provisions, including but not limited to the Uniform Code for the Abatement of Dangerous Buildings and State Housing Code, subject to abatement through all available means. In addition thereto and without limitation, any pattern of criminal street gang activity upon, and the presence and use of property by, a criminal street gang, with the owner's knowledge or consent, constitutes a public nuisance and grounds for revocation of any permit or license regulating or authorizing the use of such property. (Ord. 2771, 6/9/15; Ord. 2716, 4/8/14; Ord. 2500, 7/28/09; Ord. 2406, 718108; Ord. 2299, 3/27/07; Ord. 2263, 7/11/06; Ord. 2196, 2/22/05; Ord. 2023, 6/26/01; Ord. 1932, 5/23/00; Ord. 1529, 1992) 8.14.040 Prohibited Conduct: A. It is unlawful for any responsible person or owner to permit, maintain, suffer, carry on, or allow, upon any premises or in any lake, river, stream, drainage way or wetlands, any of the acts or things declared by this chapter to be a public nuisance. B. It is unlawful for any person to create, maintain, carry on or do any other acts or things declared by this chapter to be a public nuisance. (Ord. 1529, 1992) 8.14.050 Notice of Violation and Order to Correct or Cease Activity: The Code Enforcement Officer, to be designated by the City Manager, having determined that a public nuisance exists, shall issue a Notice of Violation and Order to Correct or Cease Activity as provided in Chapter 1.20. (Ord. 2299, 3/27/07; Ord. 1529, 1992) 8.14.060 Correction by Owner or Other Responsible Person: If and when an owner or other responsible person shall undertake action to correct any condition described in this chapter whether by order of the Code Enforcement Officer, or otherwise, all necessary and legal conditions pertinent to the correction may be imposed by the Code Enforcement Officer. It is unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permits or approvals to do any work incidental to the correction. (Ord. 2299, 3/27/07; Ord. 1529, 1992) 19 (6/15) CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 8.14 -NUISANCES 8.14.070 Abatement by the City: A. In all cases where the Code Enforcement Officer has determined to proceed with issuance of a Notice of Violation and Order to Correct, then ten (10) days after issuance of such Notice, the city shall have the ability, in addition to any other remedy provided in this chapter and not as an alternative means of abatement to the exclusion of others, to abate the nuisance identified by the Code Enforcement Officer in the Notice of Violation and Order to Correct as provided herein. B. A violation of this chapter may be subject to abatement by the following means: 1. Summarily, by a restraining order or injunction issued by a court of competent jurisdiction; or 2. Following issuance of a Notice of Violation and Order to Correct, and following the expiration of the time to correct the condition or cease the activity constituting a nuisance as identified in the Notice and Order, a written notice of the Code Enforcement Officer sent by return receipt mail to the owner, as such appears on the rolls of the county assessor, which notice shall state that the City Council will consider for adoption, after not less than ten (10) days from the date of that notice, a resolution which shall describe the property involved by street address or parcel number and the condition in violation of this chapter and require the owner to make the removal or destruction of such condition. Such notice shall state the owner may appear before the City Council at the time it considers such resolution and that will be the owner's only opportunity to protest the proposed action of the City Council to abate the nuisance as provided in this section. Such notice shall further provide that should the City Council adopt such resolution it may direct therein that the destruction or removal of the condition in violation of this chapter is to be accomplished by city forces or contractors and that all costs, direct and indirect, of such work shall be charged to the owner. If such removal or destruction is not made by the owner after the notice is given, the City Council may by resolution passed not less than ten (10) days from the date of the notice, cause the city to make the removal or destruction thereof as provided herein and provide that the cost thereof shall become a charge against the owner of the property. This debt shall be collectible in the same manner as other debts owing to the city. (Ord. 2299, 3/27/07; Ord. 2116, 3/25/03; Ord. 1529, 1992) 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. (Ord. 2299, 3/27/07; Ord. 1529, 1992) 20 (3/07) 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 October 25, 2016 MOTION Resolution -Nuisance Abatement-908 W. Loop Dr. Legislative History: October 25, 2016 Motion Attached is a resolution providing for the abatement of a nuisance at 908 W . Loop owned by Guillermo and Beatriz Herrera. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. Background The code enforcement matter at 908 W. Loop 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 September 13, 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 ResG/ution abating the Compliance with MLMC 8.14 Nuisances existing nuisances at 908 W. Loop -------------· --------------·+---- • Consider the Resolution and take no Non-Compliance with MLMC 8.14, Nuisances action. Staff Recommendation Staff recommends that City Council consider abating the existing nuisance at 908 W. Loop and pass the Resolution as presented. Attachments I~ I , .. o,,.~, 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. ~le S° ( A RESOLUTION DETERMINING THAT GUILLERMO AND BEATRIZ HERRERA ARE THE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 908 W. Loop, Lot 4, Knolls Vista EUB Plat, Parcel #100638000, Moses Lake, Washington, is the site of publi c 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 Guillermo and Beatriz Herrera, 351 W. Northshore Drive, Moses Lake, WA 98837 2. Notice . On September 13, 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 fi led 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 October 5, 2016, the Code Enforcement Officer caused to be delivered to Guillermo and Beatriz Herrera a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of October 25, 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. RESOLUTION NO. Page 2 October 25, 2016 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 October 25, 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. 5. Evidence: 5.1. The following persons testified under oath: Tina Jewell, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved: EXHIBIT #1: Moses Lake Municipal Code Chapter 8.14.030.U EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated September 13, 2016 from the Code Enforcement Officer addressed to Guillermo and Beatriz Herrera, 351 W. Northshore Drive, Moses Lake, WA 98837. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 908 W . Loop, Moses Lake, Washington. EXHIBIT #4: Letter dated October 5, 2016, from the Code Enforcement Officer to Guillermo and Beatriz Herrera advising the property owners of the hearing regarding abatement of property, scheduled for October 25, 2016. 1. A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 908 W. Loop, Moses Lake, Washington. Guillermo and Beatriz Herrera, 351 W. Northshore Drive, Moses Lake, WA 98837 are the record contract owners of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: 2.1. Weeds in excess of 12" in height 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. RESOLUTION NO. Page 3 October 25, 2016 4. Guillermo and Beatriz, Herrera, the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 4.1 Weeds must be removed 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the 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 October 25, 2016. Todd Voth, Mayor ATTEST: W . Robert Taylor, Finance Director City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509)764-3750 NOTICE TO CORRECT -UNSAFE OR UNLAWFUL CONDITION DATED: Friday, September 2, 2016 ISSUED TO: GUILLERMO & BEATRIZ HERRERA 351 W NORTHSHORE DR MOSES LAKE, WA 98837-1646 CASE#: COD2016-1932 As owner, agent, lessee, other person occupying or having charge or control of the building, lot or premises described in the location below, you are hereby notified that the undersigned, pursuant to the violations listed below of the Moses Lake Municipal Code, has determined that there exists upon or adjoining said premises the following conditions: Weeds in excess of 12" in height are present outside the back fence along the pathway. LOCATION OF UNLAWFUL CONDITION LOCATION: 908 W LOOP DR, MOSES LAKE LEGAL DESC: Lot 4 Knolls Vista EUB Plat VIOLATIONS 8. 14. 030. U -Maintenance of grasses, weeds, etc PARCEL: 100638000 Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12'') in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. CORRECTION REQUIRED Weeds must be removed from this area. You are notified to correct said conditions to the satisfaction of the undersigned by Monday, September 12, 2016. If you do not correct the condition within the specified time period, a notice and order to correct the condition will be issued to you, which can result in a penalty being imposed. I would like to thank you in advance for your cooperating efforts. If you have any questions or need clarification on any of the above-mentioned items, please give me a call at (509) 764-3748 or come see me at City Hall. Sincerely, d~~ BRETT HOLLEN Code Enforcement Officer 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 C 11' Y D f City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY DATED: Tuesday, September 13, 2016 ISSUED TO: GUILLERMO & BEATRIZ HERRERA 351 W NORTHSHORE DR MOSES LAKE, WA 98837-1646 CASE#: COD2016-1932 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS: Weeds in excess of 12" in height are present outside the back fence along the pathway. The City is requiring these corrections listed on this Notice and Order be accomplished by Friday, September 23, 2()16. . ACTION NECESSARY TO CORRECT VIOLATION Weeds must be removed from this area. LOCATION OF UNLAWFUL CONDITION LOCATION: 908 W LOOP DR, MOSES LAKE LEGAL DESC: Lot 4 Knolls Vista EUB Plat PARCEL: 100638000 PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLATED B. 14. 030. U -Maintenance of grasses, weeds, etc Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12'') in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: 1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($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 1of2 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 INJUNCTION OR OTHER APROPRIATE ACTION. Sincerely, ~M~ BRETT HOLLEN Code Enforcement Officer Exhibit 2 Page 2 of 2 MOSES l..Al<E City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Wednesday, October 5, 2016 GUILLERMO & BEATRIZ HERRERA 351 W NORTHSHORE DR MOSES LAKE, WA 98837-1646 RE: Hearing to Permit City Abatement ofNuisance for case file#: COD2016-1932 Property Located at: 908 W LOOP DR, MOSES LAKE on Parcel 100638000 Via Regular Mail and Return Receipt Mail GUILLERMO & BEATRIZ HERRERA 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 4 Knolls Vista EUB Plat This property is located at: 908 W LOOP DR, MOSES LAKE on Parcel 100638000 On Tuesday, September 13, 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 Friday, September 23, 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 October 25th, 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 detennine 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, / 1 =-Y~'-r-~ Tina Jewell Code Enforcement Officer cc: City Manager City Attorney Community Development Director Exhibit 4 Pag 1of1 To: From: Date: Proceeding Type: Subject: • First Presentation: • Public Hearing Required: • 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 October 25, 2016 Consideration Ordinances -Property Taxation Legislative History: October 26, 2016 [gl Yes D No Consideration Council has an opportunity 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. Background State law under RCW 84.52.020 and 84.52.070 require the governing board of the City of Moses Lake to fix the estimated amount to be raised by taxation on assessed valuation on the property within the City of Moses Lake. Property taxes are a substantial revenue source for the City. The City is allowed to increase its levy by the lesser of one percent {1%) or the percentage increase in the implicit price deflator {IPD) index on its highest levy since 1985. The IPD for 2015-2016 is .953% which limits the city to an increase less than 1% unless a substantial need is requested to raise it to the maximum allowed. The legislative body is required by RCW35A.33.135 to adopt an ordinance establishing the amount to be raised by property taxes for the ensuing fiscal year. Page 1of2 Fiscal and Policy Implications Fixing the amount that can be raised by taxation assures the city that they will collect on assessed values greater than in 2016 and allows the City to collect the maximum allowed under state statute in supporting the general fund. Due to software issues the County is not able to give us the new construction figures at this time in determining the estimated property taxes to be received in 2017. City estimated new construction at $64 million. The original Property taxes were set at $6,797,813 for 2016. The City could receive a maximum of additional $102,229 for 2017 based on the 1% of the highest regular tax levy. These amounts are preliminary and does not reflect amounts from New Construction. Options --;-Ad~pt the ~=::mended ch.;;;ges~olio.;State requir:::~: set by RCW i'Oset- the property tax ordinances I tax levy amount for 2017 allowing for 1% I increase -·-------·-·-·-·---·-·-··--··-----··---··-·-·-i--·---·-·-·--• Take no action I Be in conflict with state statute thus limiting Staff Recommendation j ~he city to prior year levy amount with no ! increase I Staff recommends Council to review, discuss and accept the ordinances as presented. Attachments I A. I Ordinances Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Standard property tax ordinance to be reviewed prior to adoption Page 2 of 2 ORDINANCE NO. AN ORDINANCE FIXING THE AMOUNT TO BE RECEIVED FOR MUNICIPAL PURPOSES FROM TAXATIONS ON ASSESSED VALUATIONS ON PROPERTY WITHIN THE CITY OF MOSES LAKE, WASHINGTON FOR 2017 THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Preamble: A RCW 84.52 requires the governing body of the City of Moses Lake to fix the estimated amount to be raised by taxation on assessed valuation on property within the City of Moses Lake B. The City of Moses Lake's highest actual levy amount occurred in 2011 and was $10,222,955. C. The City is allowed by law to increase its tax levy by 1 % over the highest levy amount it has ever received since 1985, which for the City of Moses Lake was $10,222,955 in 2011. D. The City of Moses Lake's actual levy amount from the previous year, 2016, was $6,754,885, which was reduced from the anticipated levy in 2016, because of an appeal of a taxpayer's assessment before the Grant County Board of Equalization (BOE). The BOE's decision has been appealed to the State of Washington's Board of Tax Appeals. The reduction in levy amount will probably remain in place until a resolution of the appeal. E. The City of Moses Lake has a population of more than 10,000. F. Public hearings were held, with notice duly provided, to consider the city's current expense budget for the 2017 calendar year pursuant to RCW 84.55.120. G. The City Council of the City of Moses Lake, after hearing and duly considering all relevant evidence and testimony presented, determine that the City of Moses Lake requires an increase in property tax revenue from the previous year, in addition to that resulting from the addition of new construction and improvements to property, any increase in the value of state assessed utility property, and any increase due to the annexation of new territory and refunds made, in order to discharge the expected expenses and obligations of the city. Section 2: Tax Levy: The following taxes for general municipal purposes for the City of Moses Lake for the year 2016 be and the same are hereby levied upon all taxable property within the City of Moses Lake. An increase in the regular property tax levy of $3,527,371 , in addition to the increase resulting from the addition of new construction and improvements to property as authorized by RCW 84.55.010, and any increase in the value of state assessed utility property, is hereby authorized for the 2017 levy in the amount of $15,000,000 which is a percentage increase of 51 .88979% from the previous year, and any increase due to the annexation of new territory, new construction, and refunds made. Included in the levy increase is a 1 % percentage increase in the highest levy amount the City has received since 1985 which was $10,222,955 in 2011, in the dollar amount of $102,230. 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 ATTEST: Todd Voth, Mayor W . Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney ORDINANCE NO. AN ORDINANCE PROVIDING FOR SUBSTANTIAL NEED TO INCREASE THE REGULAR PROPERTY TAX LIMIT FACTOR ABOVE THE RATE OF INFLATION PURSUANT TO RCW 84.55.010 THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Recitals: 1. The City Council of the City of Moses Lake, Washington, has determined that the level of service, public safety, and providing for government project, the City Council finds that there is a need to increase the regular property tax limit factor above the rate of inflation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE AS FOLLOWS: Section 1. That the limit factor for the tax year 2017 shall be one percent (1 %) , which is a .047% increase above the rate of inflation. 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