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01132015Todd Voth Jason Avila Jon Lane MOSES LAKE CITY COUNCIL Dick Deane Mayor MO SES LA KE Joseph K. Gavinski City Manager David Curnel Karen Liebrecht Bill Ecret January 13, 2015 AGENDA Sophia Guerrero, Executive Secretary Civic Center -Council Chambers 7:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. IDENTIFICATION OF CITIZENS WANTING TO DISCUSS AGENDA ITEMS IDENTIFICATION OF CITIZENS WANTING TO DISCUSS NON-AGENDA ITEMS 4. PRESENTATIONS AND AWARDS A. Employee Presentation -Fire Department 5. CONSENT AGENDA A. Approval of Minutes -December 23, 2014 B. Approval of Bills and Checks Issued 6. COMMISSION APPOINTMENTS -None 7. CONSIDERATION OF BIDS AND QUOTES -None 8. PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS A. Communications -4th of July Fireworks Display -Moses Lake Farmers Market B. Communications -Ambulance Billing Presentation -EF Recovery C. Communications -Budget Suggestions -Dalluge 9. ORDINANCES AND RESOLUTIONS A. Ordinance -Amend MLMC 18.20 & 18.06 -2nd Readings B. Ordinance -Hayden Homes Zone Change -ind Reading C. Ordinance -Create MLMC 3.65 Private Street & Utility Latecomer Contracts and Repeal MLMC 17.56 -Reimbursement Agreements -rt Readings D. Ordinance -Amend MLMC 16.40 -Hazardous Material -rt Reading E. Ordinance -Amend MLMC 19.06 & 19.55 Housekeeping Changes -1st Readings 10. REQUEST TO CALL FOR BIDS -None 11. REFERRALS FROM COMMISSIONS -None Finance Municipal Police Chief Parks & Recreation Fire Chief Community City Attorney W. Robert Services Dave Ruffin Spencer Grigg Tom Taylor Development Kathe1ine L. Taylor Gary Harer Gilbert Alvarado Kenison Page 2 -Moses Lake City Council meeting -January 13, 2015 12. OTHER ITEMS FOR COUNCIL CONSIDERATION A. Reappointment to the GC Mosquito Control District #1 -Blessing B. Request to Appoint Council Member to Grant Transit Authority Board of Directors C. Request Authorization for City Manager to Execute Lease -CB Railroad Company 13. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS 14. COUNCIL QUESTIONS AND COMMENTS 15. CITY MANAGER REPORTS AND COMMENTS A. Staff Reports 1. Building Activity Report 2. Ambulance Cash Report for December Finance Municipal Police Chief Parks & Recreation Fire Chief Community City Attorney W. Robert Services Dave Ruffin Spencer Grigg Tom Taylor Development Katherine L. Taylor Gary Harer Gilbert Alvarado Kenison MOSES LAKE CITY COUNCIL December 23, 2014 DRAFT Council Present: Dick Deane, Bill Ecret, Karen Liebrecht, Jason Avila, Jon Lane, David Curnel, and Todd Voth The meeting was called to order at 7 p.m. by Mayor Deane. PLEDGE OF ALLEGIANCE: Briar Ivory, Boy Scout, led the Council in the pledge of allegiance. PRESENTATION AND AWARDS -None CONSENT AGENDA Minutes: The minutes of the December 9 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 December 23, 2014 the Council does approve for payment claims in the amount of $728,898.80; prepaid claims in the amounts of $56,886.32 and $44, 118.39; claim checks in the amount of $1,830,313.96; and payroll in the amount of $309,589.28. Resolution -Boundary Line Adjustment -Dress: A resolution was presented which approves a boundary line adjustment between the City and William Dress by exchanging property at the intersection of West Broadway and West Third Avenue. Accept Work -204 Drvwell Project: Cutting Edge Earthworks, Inc. has completed the 2014 Drywell Project. The work should be accepted and the 60-day lien period entered into. Action Taken: Mr. Voth moved that the Consent Agenda be approved, seconded by Mr. Avila, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES -None PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS AHO CONSTRUCTION -SUN TERRACE PHASES 2 THROUGH 8 PRELIMINARY PLAT -EXTENSION OF APPROVAL Aho Construction has requested a one year extension of the preliminary plat approval for the Sun Terrace Preliminary Plat, Phases 2 through 8. Anne Henning, Senior Planner, stated that a one year extension of the preliminary plat approval can be granted by the Council. Mel Aho, Aho Construction, stated that the plat has over 200 undeveloped lots and because of the economy the one year extension will not be time enough to market them all so the property will be replatted in the future. Action Taken; Mr. Ecret moved that the request be granted for a one year extension, seconded by Mr. Lane, and passed unanimously. Mrs. Liebrecht requested that the regulations concerning plat extensions be reviewed. ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 2014 BUDGET -2N° READING An ordinance was presented which amends the 2014 budget. The ordinance amending the 2014 budget for the City of Moses Lake, Washington was read by title only. City Council Minutes: 2 December 23, 2014 Action Taken: Mrs. Liebrecht moved that the second reading of the ordinance be adopted, seconded by Dr. Curnel, and passed unanimously. ORDINANCE -AMEND 2014 BUDGET -SINGLE READING An ordinance was presented which amends the 2014 budget. The ordinance amending the 2014 budget for the City of Moses Lake, Washington was read by title only. Action Taken: Mr. Lane moved that an emergency be declared and the ordinance be adopted on a single reading, seconded by Or. Curnel, and passed unanimously. ORDINANCES -AMEND 18.20. RESIDENTIAL ZONES, AND 18.06, DEFINITIONS -1sr READING Ordinances were presented which amend the residential zones to permit accessory dwelling units as required by the Washington State Housing Policy Act. Anne Henning, Senior Planner, pointed out that, because the City now exceeds 20,000 in population, state law requires that regulations be adopted dealing with accessory dwelling units. The Planning Commission has reviewed the regulations and recommended that the ordinances be adopted. Mr. Voth felt that the accessory dwelling units should also be allowed in the R-3 Zone. The ordinance amending Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential Zones" was read by title only. Action Taken: Mr. Voth moved that the ordinance be amended by allowing an accessory dwelling unit in the R-3 Zone and the first reading of the ordinance be adopted, seconded by Mr. Avila, and passed unanimously. The ordinance amending Chapter 18.06 of the Moses Lake Municipal Code entitled "Definitions" was read by title only. Action Taken: Dr. Curnel moved that the first reading of the ordinance be adopted, seconded by Mr. Lane, and passed unanimously. ORDINANCE -ZONE CHANGE -HAYDEN HOMES -1sr READING Hayden Homes has requested a zone change for 45 .1 acres from C-2, General Commercial and Business, to 17 acres of R-3, Multi-family Residential, and 28 acres of R-1 , Single Family Residential. The property is located east of SR-17, south of Wheeler Road, and north of the Crossroads Major Plats. The ordinance amending Section 18.09.040 of the Moses Lake Municipal Code was read by title only. Action Taken: Mrs. Liebrecht moved thatthe first reading of the ordinance be adopted, seconded by Mr. Lane, and passed unanimously. RESOLUTIONS -NUISANCE ABATEMENT COSTS Resolutions were presented which affirm the Council's prior authorization to staff to collect the funds expended for the nuisance abatements at 1046 S. Division, owned by Carlos Espinoza, 2311 Maiers Road, owned by lrreantum, LLC, and 8616 Jean Road, owned by Dick Cullinan. The resolution establishing the billing to be imposed against Carlos Chavez Espinoza 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: Mr. Ecret moved that the resolution be adopted, seconded by Dr. Curnel, and passed unanimously. The resolution establishing the billing to be imposed against lrreantum, LLC 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 City Council Minutes: 3 December 23, 2014 owner to abate the same was read by title only. Action Taken: Mr. Avila moved that the resolution be adopted, seconded by Mr. Lane, and passed unanimously. The resolution establishing the billing to be imposed against Dick Cullinan as the owner of certain real property upon wh ich 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: Dr. Curnel moved that the resolution be adopted, seconded by Mrs. Liebrecht, and passed unanimously. RESOLUTION -AMBULANCE SERVICE UTILITY RATES A resolution was presented which increases the ambulance service utility rates. The resolution establishing ambulance service utility rates was read by title only. Joseph K. Gavinski, City Manager, provided information on what would have to be done to raise revenue in order to balance the ambulance fund. He also explained that if an EMS levy were to be approved, it would not take effect until the year after adoption. There was some discussion on how to balance the revenue and expenditures in the ambulance fund. Mrs. Liebrecht was in favor of keeping the ambulance service but was interested in funding it in the best possible way. Dr. Ryan Leonard, 7662 Chanute Street, wanted to know if the city has a balanced budget, how the $1.7 million would be used when the Revenue Sharing Agreement is completed in 2015, what are the projected revenue figures for new businesses, have departments other than the Fire Department had personnel cuts, what measures have been implemented to make the departments more efficient, where are the savings made by efficiencies made by the departments, and does the increase in the utility rate solve the problems. She suggested a stakeholders group be formed to investigate the issue. Mark Fancher, 301 E. Inglewood, wanted to know if all residents of the city get the benefit of the ambulance service utility fee, even those who live in apartments and have no utility account. Debbie Doran-Martinez, 324 S. Pioneer Way, felt that more time is needed to consider all aspects of the situation. Mr. Ecret felt that a stakeholders group would be a good idea. Letters were read from James Irwin, MD and Sheila Chilson, Chief Executive Officer, Moses Lake Community Health Center, supporting the ambulance service. Mr. Gavinski stated that the budget is balanced on paper and since the Council did not act to implement the measures necessary to actually balance the budget, it will need to be discussed the first of next year. He mentioned that all residents of the city get the benefit of the ambulance service. He stated that approximately 15 positions, covering various departments, have not be filled over the last two years. He explained the methods the City uses to collect the ambulance fees and pointed out that the City writes off those amounts that cannot be collected. He mentioned that it does not matter how high the ambulance costs are, the City only collects what the other agencies pay. Mr. Avila suggested a survey be sent to all utility accounts to see if the citizens are willing to $15.96 for the service. Mr. Voth felt that additional information is needed on funding the ambulance service and was not in favor of increase the ambulance utility rate at this time. Dr. Curnel pointed out that the Council has been discussing the ambulance fund for several months and that increasing the utility rate will help alleviate the budget crisis and provide time for additional study of the issue. City Council Minutes: 4 December 23, 2014 Mayor Deane pointed out that the utility rate has consistently increased over the years as well as contributions from the General Fund to subsidize the ambulance service. Mr. Ecret felt that the Council lacks the information necessary to make a decision on the ambulance service and to raise the ambulance utility rate would be a mistake at this time. Mrs. Liebrecht pointed out that the bottom line is finances and the Council needs additional information to make the right decision. The resolution establishing ambulance service utility rates was read in its entirety. Action Taken: Dr. Curnel moved that the resolution be adopted, seconded by Mr. Avila and failed with Mr. Avila and Dr. Curnel in favor and Mr. Ecret, Mr. Voth, Mrs. Liebrecht, Mr. Lane, and Mayor Deane opposed as they felt that additional time is necessary to discuss the issue. RESOLUTION -INTER-FUND LOAN A resolution was presented which provides for an inter-fund loan from the Water/Sewer Fund to the Sanitation Fund. The resolution authorizing an inter-fund loan to the Sanitation Fund 490 from the Water/Sewer Fund 410 was read by title only. Action Taken: Mr. Lane moved that the resolution be adopted, seconded by Mr. Avila, and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS BARRINGTON POINTE 3 -DEFERRAL REQUEST Phil Bloom of Columbia NW Engineering submitted a request for a deferral of the requirement to construct an improved cul-de-sac for the proposed Barrington Point 3 Major Plat. A temporary cul-de-sac will be provided, and the land owner will sign a covenant for permanent improvements in the future ifthe street is not extended. The approved preliminary plat was approximately twice the size of the current proposal. Due to market conditions, the plat was not developed, and the property has been sold to a different developer, Olsen Homes. Similar to most developers in the cu rrent economic climate, Olsen Homes is not able to take on 50+ lots at a time, so the proposal is to scale back the plat to 27 lots. Stopping the street where it is proposed requires a cul-de-sac. The developer's intention is to do a second plat for the remainder of Barrington Point 3 after the current one is completed. Since the street is intended to be extended, a permanent cul-de-sac is not needed. The Planning Commission recommended that the deferral be granted, to allow a temporary gravel cul-de-sac, subject to a covenant being provided for the improvements to Community Standards in the future. Action Taken: Mrs. Liebrecht moved that the request be granted, seconded by Dr. Curnel, and passed unanimously. OTHER ITEMS FOR COUNCIL CONSIDERATION -None NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS ORDINANCE -REAL ESTATE EXCISE TAX -SINGLE READING Gary Mann, 2405 Lakeside Drive, Carol Calder, 5766 Ridgeview Drive, and Lynn Garza, 1664 Jennifer Lane, felt that the housing industry has not yet recovered and that the % of 1 % real estate excise tax should be repealed, especially since it was passed on an emergency reading. John Higgins, W. Broadway, felt that the funds raised should be allocated to the Police Department. There was discussion by the Council. it was pointed out that only Coulee City and Krupp have not City Council Minutes: 5 December 23, 2014 implemented this tax. Action Taken: Mr. Ecret moved that the excise tax be repealed, seconded by Mr. Voth, and failed with Mr. Ecret, Mr. Avila. and Mr. Voth in favor, and Mr. Lane, Dr. Curnel, Mrs. Liebrecht, and Mayor Deane opposed. Action Taken: Mr. Lane moved that an emergency be declared and the real estate excise tax ordinance be amended to change the date of implementation to March 13, 2015, the tax sunset in two years, and the ordinance be adopted on a single reading, seconded by Dr. Curnel. Jason Hall, 4751 Carl Road, suggested that the date of implementation correspond to the mutually accepted date of the sale. There was additional discussion by the Council. The motion passed with Mr. Ecret and Mr. Voth opposed. COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT The City received $17,338.58 in investment income for November 2014. AMBULANCE REPORT The cash report on the ambulance operations for the month of November was provided. Th e regular meeting was adjourned at 9: 15 p. m. ATTEST Dick Deane, Mayor W. Robert Taylor, Finance Director DATE 12/29/14 TIME 11:58:30 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 01/13/2015 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CITY OF MOSES LAKE 00008107 0000072257 100,000.00 INTER FUND LOAN/W-S TO SAN ====================== TOTAL: 100,000.00 DATABAR 00007974 0000072129 541. 62 MAIL UTILITY BILLS 00000 72129 428.25 MAIL UTILITY BILLS 0000072129 240.71 MAIL UTILITY BILLS 0000072129 79.33 MAIL UTILITY BILLS 0000072129 66 .18 MAIL UTILITY BILLS TOTAL: 1,356 .09 STAPLES CREDIT PLAN 00007570 0000072099 280.52 MISC SUPPLIES TOTAL: 280 .52 ============================= REPORT TOTAL: 101,636.61 DATE MON, DEC 29, 2014, 11:58 AM TIME 11:58:31 C I T Y 0 F M 0 S E S L A K E TOTALS BY FUND FUND NO 410 490 493 498 517 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 01/13/2015 FUND NAME WATER/SEWER SANITATION STORM WATER AMBULANCE FUND CENTRAL SERVICES TOTAL AMOUNT 100 I 969, 87 240. 71 79.33 66 .18 280.52 101,636.61 CHANGES TO BE MADE SHOULD BE LISTED BELOW VEND NO . P.O . NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTALS PAGE XAPPRVD ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * CLAIMS APPRO VAL * * 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 $101,636.61 THIS 13RD DAY OF JANUARY, 2015 * * * * COUNCIL MEMBER COUNCIL MEMBER * * * * COUNCIL MEMBER FINANCE DIRECTOR * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DATE 1/08/15 TIME 13: 28: 54 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G LAKE T 0 B E A P P R 0 V E D 0 F 01/13/2015 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O : Number P.O. Amount Purpose of Purchase ======================================================================================================================= 2M COMPANY INC 00004450 ACE HARDWARE 00006538 AMERICAN LINEN 00004927 CASCADE ANALYTICAL INC 00005014 CINTAS CORPORATION LOC 607 00000271 CITY OF MOSES LAKE 00008107 COMMERCIAL TIRE 00005968 CSWW, INC dba NO 40 OUTFI1iERS 00001701 0000071895 1,730.67 ====================== TOTAL: 1, 730.67 0000072258 15.06 0000071784 6.10 ====================== TOTAL: 21.16 0000071729 272.94 ====================== TOTAL: 272 . 94 0000071975 762. 96 0000071975 1,735.00 ====================== TOTAL: 0000071972 0000071972 0000071972 TOTAL: 0000072324 0000072324 2,497 .96 10.14 10.14 311. 76 332 .04 94, 301. 41 5,698.59 ====================== TOTAL: 100,000.00 0000071948 627 .83 0000071948 730.21 0000071948 730.21 0000071948 582.44 ====================== TOTAL: 0000072278 0000071898 2,670 .69 46.65 . 71 MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES LINEN SERVICE SAMPLE TESTING SAMPLE TESTING SHOP TOWELS SHOP TOWELS SHOP TOWELS INTERFUND LOAN REPYMT INTERFUND LOAN REPYMT NEW TIRES NEW TIRES NEW TIRES NEW TIRES MISC SUPPLIES MISC SUPPLIES DATE 1/08/15 TIME 13 :28:54 C I T Y 0 F M 0 S E S L A K E PAGE 2 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 01/13 /2015 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000071898 2.35 MISC SUPPLIES 0000071898 4.18 MISC SUPPLIES ===================~~= TOTAL: 53.89 DATABAR 00007974 0000072130 632.02 MAIL UTILITY BILLS 0000072130 700.20 MAIL UTILITY BILLS 0000072130 948.73 MAIL UTILITY BILLS 0000072130 750 .15 MAIL UTILITY BILLS 0000072130 957.93 MAIL UTILITY BILLS 0000072130 421. 63 MAIL UTILITY BILLS 0000072130 138. 95 MAIL UTILITY BILLS 000007213 0 115. 92 MAIL UTILITY BILLS ====================== TOTAL: 4,665.53 EUROFINS EATON ANALYTICAL INC 00007893 0000072084 6,500.00 SAMPLE TESTING ====================== TOTAL: 6,500 .00 INLAND PIPE & SUPPLY COMPANY 00003727 0000072159 250.09 MISC SUPPLIES ====================== TOTAL: 250.09 LAKE AUTO PARTS 00001102 0000072235 13. 92 LAMP 0000071955 15.08 MISC SUPPLIES 0000071955 26.10 MISC SUPPLIES 0000071955 958.14 MISC SUPPLIES ====================== TOTAL: 1,013.24 LEE CREIGLOW CBO 00005899 0000072177 5, 940. 00 PROF SERVICE/PLAN CHECKING 0000072177 45.00 PROF SERVICE/PLAN CHECKING ====================== TOTAL: 5,985.00 LOWES 00003886 0000072101 31. 49 MISC SUPPLIES DATE 1/08/15 TIME 13:28:54 NAME OF VENDOR Department C I T Y 0 F M 0 S E S TABULATION OF CLAIMS C 0 U N C I L M E E T I N G L A K E T 0 B E A P P R 0 V E D 0 F 01/13/2015 Expenditure Account PAGE 3 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= LOWES 00003886 0000072101 18.43 MISC SUPPLIES 0000072101 28.43 MISC SUPPLIES ====================== TOTAL: 78.35 NORCO ENTERPRISES INC 00006590 0000071919 42.62 MISC SUPPLIES 0000071919 42.62 MISC SUPPLIES 0000071725 569.43 MEDICAL OXYGEN ====================== TOTAL: 654.67 PLATT ELECTRIC COMPANY 00001549 0000071960 225.58 MISC SUPPLIES 0000071960 33.75 MISC SUPPLIES ====================== TOTAL: 259.33 ============================= REPORT TOTAL: 126,985.56 DATE THU, JAN 8, 2015, 1:28 PM TIME 13:28:56 TOTALS BY FUND FUND NO 000 116 410 490 493 498 519 528 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 GENERAL FUND STREET WATER/SEWER SANITATION FUND NAME STORM WATER AMBULANCE FUND EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW LAKE TO BE APPROVED 0 F 01/13/2015 AMOUNT 107,424.34 52.76 12,997.41 1,379.56 185.75 958. 29 3,959.02 28.43 126,985.56 VEND NO. P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTALS PAGE XAPPRVD ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * C L A I M S A P P R 0 V A L * * WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE * OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT * IN THE AMOUNT OF $126,985.56 THIS 13RD DAY OF JANUARY, 2015 * * * * * * * * COUNCIL MEMBER COUNCIL MEMBER * * * * * * * COUNCIL MEMBER FINANCE DIRECTOR * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DATE 1/09/15 PAGE 1 TIME 09:01:43 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 01/13/2015 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 3M COMPANY 00005022 0000072213 174.80 SIGN MATERIAL ====================== TOTAL: 174 .80 A S C A P 00004117 0000072323 332.50 CONCERT LICENSE FEE ====================== TOTAL: 332.50 A T & T MOBILITY 00004826 0000072163 32.55 CELL PHONE SERVICE 0000072163 324.66 CELL PHONE SERVICE 0000072163 55.76 CELL PHONE SERVICE 0000072163 1,228.95 CELL PHONE SERVICE 0000072163 161. 86 CELL PHONE SERVICE 0000072163 31. 53 CELL PHONE SERVICE 0000072163 166.76 CELL PHONE SERVICE 0000072163 77 .14 CELL PHONE SERVICE 0000072163 42.53 CELL PHONE SERVICE 0000072163 106.65 CELL PHONE SERVICE 0000072163 41.58 CELL PHONE SERVICE 0000072163 73.21 CELL PHONE SERVICE ====================== TOTAL: 2,343.18 AAA READYMIX INC 00000027 0000071897 608.94 MISC SUPPLIES ====================== TOTAL: 608.94 ANNE HENNING 00006009 0000072311 52.34 JEWELRY ====================== TOTAL: 52.34 BANK OF NEW YORK MELLON 00005075 0000072276 108.40 ADMIN FEES/BONDS TOTAL: 108.40 BARBARA NICKERSON 00007028 0000072286 14.70 CARDS DATE 1/09/15 TIME 09:01:43 PAGE 2 XAPPRVD C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S T 0 B E A P P R 0 V E D C 0 U N C I L M E E T I N G 0 F 01/13/2015 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= BASIN REFRIGERATION & HEAT INC 00003512 BATIERY SYSTEMS 00004673 BENNYE RUSHTON 00004923 BESSE MEDICAL SUPPLY 00006688 BETIY JOHANSEN 00004610 BIG BEND COMMUNITY COLLEGE 00000118 BOUND TREE MEDICAL LLC 00006022 BUD CLARY TOYOTA CHEVROLET 00000150 BURKE MARKETING & PROMOTION 00005798 BUSINESS INTERIORS & EQUIPMENT 00003619 CAROL CROSS 00004253 ====================== TOTAL: 14.70 000007187 8 20,415.36 LIBRARY HVAC 1 REPLACEMENT TOTAL: 20,415.36 0000071937 0000071937 840.88 BATIERIES 95.14 BATIERIES ====================== TOTAL: 936.02 0000072303 11.90 CARD/WISDOM DECK ====================== TOTAL: 11. 90 0000071733 148.86 MISC SUPPLIES ====================== TOTAL: 148.86 0000072302 27.65 JAR/STAR/TRAY ====================== TOTAL: 27.65 0000072255 1,156.00 TOURISM ADVERTISING CBAA TOTAL: 1,156.00 0000071713 2,536.47 AMBULANCE SUPPLIES TOTAL: 2,536.47 0000071942 111. 67 MISC SUPPLIES ====================== TOTAL: 0000071693 0000071693 111. 67 1,600.00 MISC SUPPLIES 530.69 MISC SUPPLIES ====================== TOTAL: 2,130.69 0000072132 1,560 .90 MAINT AGREE/COPIERS TOTAL: 1,560.90 0000072294 200.20 METAL ART DATE 1/09/15 TIME 09:01:43 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E 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 01/13/2015 Expenditure Account PAGE 3 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CAROL HOHN 00006772 CARRIER CORPORATION 00007417 CEDAR STREET CLEANERS 00004655 CENTRAL MACHINERY SALES INC 00002779 CENTURYLINK 00003599 00001502 00003599 00001502 00003599 00001502 ====================== TOTAL: 200.20 00000720 69 175.00 TOTAL: 175. 00 0000072002 1,577 .so TOTAL: 1,577.50 0000071759 7.29 ====================== TOTAL: 7.29 0000071943 21.95 ====================== TOTAL : 21. 95 0000072139 8.00 0000072139 8.00 0000072139 40.00 0000072139 40.00 ====================== TOTAL: 0000072137 0000072135 96. 00 42.26 150.52 ====================== TOTAL: 192.78 0000072139 60.00 ====================== TOTAL: 60.00 0000072137 443.43 ====================== TOTAL: 443.4 3 0000072139 20.50 ====================== TOTAL: 20.50 BUILDING MAINT. LABOR-HVAC UNIFORM MAINT MISC SUPPLIES TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE DATE 1/09/15 TIME 09:01:43 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 01/13/2015 Expenditure Account PAGE 4 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 00003599 00001502 00003599 00001502 00003599 00001502 00003599 00001502 00003599 0000072137 175. 49 TOTAL: 175.49 0000072139 4.00 ====================== TOTAL: 4.00 000007213 7 261. 8 8 ====================== TOTAL: 261. 88 0000072139 10.00 ====================== TOTAL: 0000072137 TOTAL: 0000072141 0000072141 0000072141 0000072141 10.00 121. 05 121. 05 125.36 96. 79 52.15 17.19 ====================== TOTAL: 0000072135 0000072137 291.49 44.47 42.26 ====================== TOTAL: 86.73 0000072141 22.34 TOTAL: 22.34 TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE WATER SHUT OFF NOTIFICATIONS WATER SHUT OFF NOTIFICATIONS WATER SHUT OFF NOTIFICATIONS WATER SHUT OFF NOTIFICATIONS TELEPHONE SERVICE TELEPHONE SERVICE WATER SHUT OFF NOTIFICATIONS 0000072137 2,792.90 TELEPHONE SERVICE ====================== TOTAL: 2,792.90 0000072139 14.66 TELEPHONE SERVICE DATE 1/09/15 TIME 09:01:43 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 01/13 /2015 Expenditure Account PAGE 5 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CENTURYLINK 00003599 0000072139 4.00 TELEPHONE SERVICE TOTAL: 18 .66 00001502 000007213 7 174.57 TELEPHONE SERVICE TOTAL: 174.57 00003599 000007213 9 4.00 TELEPHONE SERVICE TOTAL: 4.00 CHAMBER OF COMMERCE 00002627 0000071688 3,315.07 MISC SUPPLIES ====================== TOTAL: 3,315 .07 CHASE PAYMENTECH-EFT 00004046 0000072144 1,010.68 CREDIT CARD FEES 000007 2144 799.13 CREDIT CARD FEES 0000072144 449.16 CREDIT CARD FEES 0000072144 148' 03 CREDIT CARD FEES 0000072144 123 .49 CREDIT CARD FEES TOTAL: 2,530.49 CHS INC 00000249 0000071967 15,920.54 FUEL FOR VEHICLES TOTAL: 15,920.54 CITY OF MOSES LAKE 00008201 0000072089 346.44 WATER SERVICE 0000072089 -470.25 WATER SERVICE 0000072089 170 .43 WATER SERVICE 0000072087 45.20 WATER SERVICE 0000072089 510'11 WATER SERVICE 0000072089 2,362.40 WATER SERVICE ====================== TOTAL: 2,964.33 00008106 DATE 1/09/15 TIME 09:01:43 L A K E PAGE 6 XAPPRVD C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 01/13/2015 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 00008201 00008106 COLUMBIA BASIN DAILY HERALD 00000210 COLUMBIA BASIN OFFICIALS ASSN 00005194 CONFLUENCE HEALTH 00005069 CONSOLIDATED DISPOSAL SERVICE 00006284 0000072247 5,931.99 ====================== TOTAL: 5,931.99 0000072089 618.19 0000072089 140. 86 0000072089 276.15 0000072089 615.78 0000072089 338.54 0000072089 340.27 0000072089 751.57 0000072089 95.68 0000072089 95.68 ====================== TOTAL: 3,272.72 0000071879 992 .00 ====================== TOTAL: 0000072148 00 00 071835 0000071835 0000072254 0000072148 992.00 610.98 285 .12 285 .13 1,314.00 40.60 ====================== TOTAL: 2,535 .83 0000071836 452.00 ====================== TOTAL: 452.00 0000072272 123.45 TOTAL: 123.45 0000072156 31. 69 RETAIN POW CLOVER LIFT 2014 WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE RETAINAGE-LIBRARY HVAC REPLACE PUBLICATIONS MISC SUPPLIES MISC SUPPLIES TOURISM ADVERTISING CBAA PUBLICATIONS MISC SUPPLIES DOT/CDL EXAMS DISPOSAL LOADS, TRANS STATION DATE 1/09/15 TIME09:01:43 C I T Y 0 F M 0 S E S L A K E PAGE 7 XAPPRVD T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 01/13/201S NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CONSOLIDATED DISPOSAL SERVICE 00006284 CONSOLIDATED ELECTRIC DIST 00000819 DANNA DAL PORTO 00007795 DB SECURE SHRED 00003144 DEBORAH GOODRICH CHITTENDEN 00004888 DEE DEE DRESSEN 00004473 DENNIS CLAY 00007437 DORITA GRAY 00007083 E F RECOVERY 00007244 00000721S6 00000721S6 18,641.87 16 ,9SO.OO ====================== TOTAL: 3S,623 .S6 0000071783 14 .95 TOTAL: 14. 95 0000072312 7.3S ====================== TOTAL: 7. 3S 0000072277 5. 38 0000072277 5.37 0000072277 13 .so 0000072277 13. so 0000072277 13. 50 0000072277 5.38 0000072277 S.38 0000072277 S.38 ====================== TOTAL: 67.39 0000072304 68 .60 TOTAL: 68.60 0000072307 23 .10 TOTAL: 23.10 000007231S lS.OS TOTAL: 15.0S 0000072299 46.90 TOTAL: 46.90 DISPOSAL LOADS, TRANS STATION DISPOSAL LOADS, TRANS STATION MISC SUPPLIES CARDS RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION EARRINGS ORNAMENTS COLUMBIA BASIN BOOK EARRINGS DATE 1/09/15 TIME 09:01:43 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 01/13/2015 Expenditure Account PAGE 8 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= FABER INDUSTRIAL SUPPLY 00000501 FASTENAL COMPANY 00007372 FIRE SYSTEMS WEST INC 00005291 FRANCES L WOOD 00004012 GARRY OTTMAR 00004434 GRAINGER PARTS OPERATIONS 00002755 GRANT CO SOLID WASTE DEPT 00000640 GRANT COUNTY TREASURER 00000607 GRAY CPA CONSULTING PC 00005206 HARE IN THE GATE PROD 00007855 0000072167 4,121.99 ==~=============~===== TOTAL: 0000071904 TOTAL: 0000071906 0000071906 TOTAL : 0000072251 TOTAL: 0000072280 TOTAL: 0000071909 4,121.99 18.56 18 .56 485 .42 14.23 499.65 615. 03 615.03 652.69 652.69 13 7. 25 ====================== TOTAL: 13 7. 25 0000071886 115. 42 0000071886 37.81 0000071886 44.02 0000071886 480.14 TOTAL: 677.39 0000072154 21,113.43 TOTAL: 21,113.43 0000072318 950.60 TOTAL: 950.60 0000072166 5,372.50 ====================== TOTAL: 5,372.50 0000072300 28.00 AMBULANCE BILLING MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES WORK ON ALARM SYSTEM CARDS/PRINTS MISC DUMPING MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES LANDFILL DUMPING FEES 2% LIQUOR PROFITS SETUP/CONSULT/GASB SOFTWARE DRYLAND DVD DATE 1/09/15 TIME 09:01:43 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G LAKE T 0 B E A P P R 0 V E D 0 F 01/13/2015 Expenditure Account PAGE 9 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= HEIDI RISSE 00006049 IBS INC 00004860 JAMES HALE JR 00004240 JAN COOK MACK 00005821 JEANETTE JONES 00005103 JERRY JOHNSON 00003736 JERRYS AUTO SUPPLY 00005835 JIM NEUPERT 00005855 JUDY RICE 00007999 KATHLEEN PARR & JOHN CHURCH 00004687 KDRM/KBSN 00007823 ====================== TOTAL: 28 .00 0000072292 35.00 ====================== TOTAL: 35.00 0000071952 413. 52 ====================== TOTAL: 413 '52 0000072291 5.60 ====================== TOTAL: 5.60 0000072268 39.20 ====================== TOTAL: 0000072282 TOTAL: 0000072290 TOTAL : 0000071915 0000071915 0000071915 39.20 10 .50 10.50 98 .00 98.00 66 .11 31.86 141. 30 ====================== TOTAL: 239 .27 0000072283 79.10 ====================== TOTAL: 79.10 0000072269 35.00 TOTAL: 35.00 0000072289 166.24 TOTAL: 166 .24 0000072256 156 .00 SOAP MISC SUPPLIES CARDS CARDS BAG/KEY FOB PLATE/BOWL MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES HORSE SAUCES/PLATTER/MUG ORNAMENTS JEWELRY/ORNAMENTS TOURISM ADVERTISING CBAA DATE 1/09/15 TIME 09:01:43 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E TABULATION OF CLAIMS TO BE APPROVED C 0 U N C I L M E E T I N G 0 F 01/13/2015 Expenditure Account PAGE 10 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= KENNETH A GOODRICH 00005639 KIM WHEATON 00007002 KONE INC 00006438 KRIS CHUDOMELKA 00007058 LAKESIDE DISPOSAL 00004080 LEE ANN ST CLAIR 00007066 LINDSAY/CULLIGAN 00005289 LOCALTEL COMMUNICATIONS 00004374 LOVETA BOYCE 00006932 LUCILLA Z ANDERSON 00006011 LYNDA LARSEN 00007626 ====================== TOTAL: 156.00 0000072270 126.00 BOWLS ====================== TOTAL: 126.00 0000072288 15.05 CATALOG/CARDS ====================== TOTAL: 0000071887 0000071887 15.05 61.02 ELEVATOR MAINT 354.29 ELEVATOR MAINT ====================== TOTAL : 415.31 0000072298 30.10 TRIVET/SOAP DISHES ====================== TOTAL: 30.10 0000071863 176,061.96 CONTRACT PYMT/DEC ====================== TOTAL: 0000072266 TOTAL: 0000072263 0000072071 TOTAL: 0000072093 176, 061. 96 92.40 ORNAMENTS/JEWELRY 92.40 14.16 MAC WATER 69.24 BOTTLED WATER 83.40 808.20 INTERNET SERVICE ====================== TOTAL: 808.20 0000072306 45.50 EYE/NECK PILLOWS TOTAL: 45.50 0000072308 8.40 CANDLEHOLDER TOTAL: 8.40 0000072284 16.12 SOAP DATE 1/09/15 TIME 09:01:43 C I T Y T A B U L A T I 0 N L A K E PAGE 11 XAPPRVD 0 F M 0 S E S 0 F C L A I M S M E E T I N G C 0 U N C I L T 0 B E A P P R 0 V E D 0 F 01/13 /2015 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= M-B COMPANIES INC 00007211 MARK AMARA 00006796 MARTHA FLORES 00006376 MARTIN SCHEMPP 00004830 MATI DASCHEL 00006955 MAYFIELD FITNESS 00007251 MEGHANNE DAVIS 00007710 MERLE HARDY 00006845 MOSES LAKE SOCCER TOTS 00007063 MOSES LAKE STEEL SUPPLY 00001268 NANCY CORTEZ/PETTY CASH FUND 00004997 NEWMAN TRAFFIC SIGNS 00005398 ====================== TOTAL: 16 .12 0000072261 3,092.24 ====================== TOTAL: 0000072264 142.35 TOTAL: 142.35 0000072296 14.00 TOTAL: 14.00 0000072285 2.10 TOTAL: 2.10 0000072287 10.47 ====================== TOTAL: 0000072320 TOTAL: 0000072295 TOTAL: 0000072310 TOTAL: 0000071696 TOTAL: 0000072279 TOTAL: 0000072262 0000072262 10.47 714. 05 714 . 05 82.60 82.60 108.50 108.50 436.00 436 .00 3.99 3.99 19.80 52.22 ====================== TOTAL: 72 .02 NOZZLES, REPAIR KITS GEOLOGICAL ROADTRIP BOOKS CANVAS BAG ARROWHEAD MAGNETS REPAIR TREADMILL/MAINT NECKLACES BOWLS MISC SUPPLIES MISC SUPPLIES REIMB PETTY CASH REIMB PETTY CASH DATE 1/09/15 TIME 09:01 :43 C I T Y 0 F M 0 S E S L A K E PAGE 12 XAPPRVD TABULATION 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 01 /13/2015 NAME OF VENDOR Department C 0 U N C I L VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= NIK PENNY 00006921 NORTHSTAR CHEMICAL INC 00006113 OASIS AUTO SPA 00004834 OXARC INC 00001412 PAMELA PETRY-MCKINSEY 00006983 PATRICK FLEMING 00007316 PEO CHAPTER GH 00002913 PINNACLE PUBLIC FINANCE INC 00005179 POW CONTRACTING 00005344 PUBLIC SAFETY TESTING 00005085 0000072182 643.54 ====================== TOTAL : 643.54 0000072309 2.80 ====================== TOTAL: 2.80 0000071923 2,861.31 TOTAL: 2,861.31 0000072260 138. 00 TOTAL: 138. 00 0000071924 51. 85 TOTAL: 51.85 0000072281 43 .75 TOTAL: 43.75 0000072267 87 .50 ====================== TOTAL: 0000072316 TOTAL: 0000072078 0000072078 87.50 2.80 2.80 11,192.48 296. 84 ====================== TOTAL: 0000072246 0000072246 11,489 .32 -225.00 122,080 .56 ====================== TOTAL: 0000072273 0000072273 121,855.56 400.00 350 .00 ====================== TOTAL: 750.00 MISC SUPPLIES CARD SODIUM HYPO CAR WASHES/NOV MISC SUPPLIES EARRINGS/HEAD BANDS BOWLS/BIRD HOUSE QUILTED GIFT TAG #37A LEASE PYMT/JAN #37A LEASE PYMT/JAN PE CLOVE DR LIFT STAT 14 PE CLOVE DR LIFT STAT 14 4TH QTR SUBCR FEES 4TH QTR SUBCR FEES DATE 1/09/15 TIME 09: 01: 43 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 01/13/2015 Expenditure Account PAGE 13 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= QUILL CORPORATION 00004811 RAYMOND NEFF 00006797 RICHARD SMITH 00006830 ROBERT HEALE 00004250 ROBERT STEELE 00004858 RUTH GRIGG 00006319 SCHAEFFER MFG COMPANY 00003823 SCOTT HUTSELL 00004130 SHARI MORLEY 00005807 SHIRTBUILDERS INC 00004022 SIMPLEX GRINNELL 00004145 SIMPLEXGRINNELL LP 00005875 0000072275 40.47 COFFEE ====================== TOTAL: 40.47 0000072265 142.35 GEOLOGICAL ROADTRIP BOOKS ====================== TOTAL: 142.35 0000072321 750.00 TRAP & REMOVE BEAVER TOTAL : 750.00 0000072297 46.20 T-SHIRTS /STICKERS TOTAL : 46. 20 0000072301 2.07 CARD TOTAL: 2.07 0000072305 46.20 SOAP TOTAL: 46.20 0000072033 5,025.98 VEHICLE OIL ====================== TOTAL: 5,025.98 0000072293 78.40 FLORAL BOXES TOTAL: 78.40 0000072314 37.80 PAINTING/CARD ====================== TOTAL: 0000071685 TOTAL: 0000072322 TOTAL: 0000071885 0000071885 37.80 1,046.28 MISC SUPPLIES 1,046.28 1,173.95 REPLACE SPRINKLERS 1,173.95 792.38 MISC SUPPLIES 408.10 MISC SUPPLIES DATE 1/09/15 TIME 09:01:43 NAME OF VENDOR Department C I T Y 0 F M 0 S E S T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G L A K E T 0 B E A P P R 0 V E D 0 F 01/13/2015 Expenditure Account PAGE 14 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000071885 1,746 .99 MISC SUPPLIES 0000071885 653.55 MISC SUPPLIES 0000071885 647.56 MISC SUPPLIES 0000071885 201 .55 MISC SUPPLIES 0000071885 647.45 MISC SUPPLIES 0000071885 148 .57 MISC SUPPLIES 0000071885 634 .59 MISC SUPPLIES 0000071885 221. 51 MISC SUPPLIES 0000071885 211. 53 MISC SUPPLIES ====================== TOTAL: 6,313.78 SKAUG BROTHERS 00000005 0000072194 269.75 REPAIR HEAT WELD SEAM ====================== TOTAL: 269.75 SOLID WASTE SYSTEMS INC 00005276 0000071785 128.69 MISC SUPPLIES ====================== TOTAL: 128.69 SPECTRUM COMMUNICATIONS 00002691 0000071949 624.20 MISC REPAIRS TOTAL: 624.20 SUE JONES 00007513 0000072313 54.60 DISHES ====================== TOTAL : 54.60 TATUM LAWN CARE 00005928 0000072271 561. 09 WEED REMOVAL TOTAL: 561. 09 THE WESLEY GROUP 00004986 0000072274 3,451. 79 LABOR RELATIONS CONSULT ====================== TOTAL: 3,451.79 TIM RICH CONSULTING LLC 00003351 0000071930 735.00 PROF SERVICES ====================== TOTAL: 735.00 TRAFFIC SAFETY SUPPLY COMPANY 00003726 0000071890 400.24 SIGN MATERIALS DATE 1/09/15 TIME 09:01:43 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 01/13/2015 Expenditure Account PAGE 15 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ====================== TOTAL: 400.24 UMPQUA BANK/MERCHANT-EFT 00005882 0000072142 99.78 0000072142 74.39 0000072142 130. 66 0000072142 10.00 0000072142 82.30 0000072142 10.00 0000072142 21. 94 0000072142 32.88 0000072142 9.60 0000072142 7.59 0000072142 4.27 0000072142 1.41 0000072142 1.17 ====================== TOTAL: 485.99 WASH ST DEPT OF AGRICULTURE 00005424 0000072259 66.00 PESTICIDE LIC RENEWAL TOTAL: 66.00 WESTERN PETERBILT INC 00006802 0000071941 13 .BO MISC SUPPLIES ====================== TOTAL: 13. 80 XPRESS BILL PAY -EFT 00006421 0000072143 518.67 CREDIT CARD FEES 0000072143 410.11 CREDIT CARD FEES 0000072143 230.51 CREDIT CARD FEES 0000072143 75.97 CREDIT CARD FEES 0000072143 63.37 CREDIT CARD FEES DATE 1/09/15 TIME 09:01:43 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E T A B U L A T I 0 N 0 F C L A I M S C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 01/13 /2015 Expenditure Account PAGE 16 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= TOTAL: 1,298.63 ============================= REPORT TOTAL: 491,898.43 DATE FRI, JAN 9, 2015, 9:01 AM TIME 09:01:44 TOTALS BY FUND FUND NO 000 102 103 116 410 477 490 493 495 498 517 519 528 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 GENERAL FUND TOURISM FUND NAME GRANTS AND DONATIONS STREET WATER/SEWER WATER SEWER CONSTRUCTION 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 01/13/2015 AMOUNT 21, 763 .39 8,404 .26 14.16 2,615.80 11,907.52 128,012.55 233, 549.33 987.88 360. 33 7,166.60 5,218 .24 37,372 .1 6 34,526.21 491,898.43 VEND NO. P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTALS PAGE XAPPRVD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C L A I M S A P P R 0 V A L * * WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE * OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT * IN THE AMOUNT OF $491,898.43 THIS 13RD DAY OF JANUARY, 2015 * * * * * * * * * * * COUNCIL MEMBER COUNCIL MEMBER * * * * * * * COUNCIL MEMBER FINANCE DIRECTOR ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Joe Gavinski From: Sent: To: Cc: Subject: January 6, 2015 Moses Lake Farmers Market [mlfarmersmarket@yahoo.com] Wednesday, January 07, 2015 2:47 PM jgavinski@cityofml.com Bill Ecret Moses Lake Farmers Market 4th of July The Moses Lake Farmers Market Board of Directors passed a motion deciding to be a proactive organization and take on the facilitation of the Moses Lake an nual firework display, July 4, 2015 . Quoting from our mission statement -"The market aims to foster an atmosphere that develops positive community relationships." The Moses Lake Farmers Market sees this an opportunity to bring local organizations and business together in celebration of not only out nation's birth, but a celebration of our community as a whole. We plan on starting the day with Moses Lake Farmers Market and concluding t he day with the July 4 Annual Firework Display. We would like to do our part to keep this celebration alive in our community. Sincerely, Moses Lake Farmers Market Board of Directors . 1 January 8, 2015 TO: Honorable Mayor Moses Lake City Council FROM: City Manager SUBJECT: EF Recovery will be present at the January 13, 2015 Council meeting to make a presentation to the City Council with regard to ambulance billing. EF Recovery will also answer any questions the Council may have. jt January 9, 2015 TO: Honorable Mayor and Moses Lake FROM: Joseph K. Gavinski, City Manager SUBJECT: Presentation by Elisia Dalluge Elisia Dalluge has requested time on the City Council agenda. Attached is information she submitted to the City which she wished submitted to the City Council before her presentation. jt ELISIA DALLUGE'S AGENDA: I. APPROVE $15.96 FOR AMBULANCE FEE. A. REASON & RA TI ON ALE: 1. It will fully fund the Ambulance deficit. 2. It will keep the fire department jobs available 3. An increase of $4. 86 a month is reasonable. In sum, it's cheaper than 1 Star bucks coffee. (there needs to be some kind of consideration for people who truly can't afford it, maybe some kind of hardship exception.) 4. It's better than a child/children ice-skating on the lake and the ice breaks and they die because we don't have a safe place for them to ice skate nor do we have adequate Ambulance and Fire department assistance. 5. It will keep $500,00.00 in our general fund to be reallocated back to the Parks & Recreational Department. II. APPROVE ALLOCATING THE $500,000.00 FROM THE GENERAL FUND TO THE PARKS & RECREATIONAL DEPARTMENT IN ADDITION TO WHATEVER ELSE THE GENERAL FUND CAN REALLOCATE; FURTHERMORE IN RESOLTION, ALL RESTORATION IS TO BE PRIORITIZED AT THE DISCRETION OF THE PARKS & RECREATIONAL DEPARTMENT HEAD. A. REASON & RA TI ON ALE: I. Children: Immediately reopen the Recreational Center so our children don't suffer from any further delays. 2. Restore all Parks & Recreational Department cuts, as fol lows: a. Recreational Center, Ice Rink & BMX track b. Job loss in P&R (3) c. Community Movies/Concerts (includes Blue Grass Festival) d. 4th of July fireworks show e. MAC Holiday Show & monthly Free Family Fun Saturdays f. Park Maintenance g. Marketing Program (Hotel something ... ) TOTAL: $125,000.00 $200,000.00 $100,000.00 $ 20,000.00 $ I 5,000.00 $500,000.00 $100,000.00 $1,060,000.00 III. APPROVE THE ADDITION OF THE "SHARE THE CARE" OPTIONAL CONTRIBUTION TO THE W/S/G BILL, TO BEGIN BY THE NEXT BILLING CYCLE. THE "SHARE THE CARE" MONEY WILL GO INTO AN INDIVIDUAL FUND FOR CHILDREN RELATED PURPOSES ONLY, (II. a-g, ibid. per se). A NOTE SHALL BE INCLUDED TO EXPLAIN WHAT THE "SHARE THE CARE" OPTION CONTRIBUTION IS FOR, (see example). There is no reason why the "Share the Care" optional contribution can not be immediately adopted and approved. A. REASON & RATIONALE: 1. It's an optional contribution. 2. It only requires a change in the bill format. 3. It's an individual fund for our Children. 4. It provides the public the opportunity to choose to contribute to ensuring funding for the Children in this community. IV. APPROVE THE SPACE, COSTS & OTHER RESOURCES FOR ME TO SEND A PERSONAL LETTER ENCOURAGING ALL BIGGER BUSINESSES TO GENEROUSLY JOIN ME IN THE "SHARE THE CARE" AND THANK YOU'S FOR GENEROUS CONTRIBUTIONS; AT THE CITY MANAGERS DISCRETION. A. REASON & RA TI ON ALE: 1. I want to fill a big fat piggy bank for our Children in this community so that they will never have to go without again for any reason and under any circumstance. 2. I love expressing appreciation and gratitude for kindness in a form of Thank You 3. As a Random Act of Kindness, I have already sta11ed networking so consider it already done. SflARE ntE CARE is an optional contribution to help keep Moses Lake a family orientated community environment; especially during these hard times. All donations will be allocated into a specific fund for our Children to help aid by continuing to fund the following that has been cut: Recreational Center, Ice Rink/BMX track, Community movies & concerts (including Blue Grass), Museum Annual Holiday Show and monthly Free Family Fun Saturdays, 4 th of July Fireworks show, parks, maintenance, jobs, etc ... lha¥tlv yow for your mone.C(Ml"y ~O}Uy by co-vtrvt.hu't'~t:o-the,t "S°ha¥<V the,, C(Ml"e/' for the,, ChililveA'V U\/ our ~y ... T~ W<VCCLWdo-~! J~y29, 2015 }vf ~ }vf oney }vf onle:Y, Cf 0 L3~e-YGoo-ciT~ CO 44 P L.gfJy 13 CMt1lv L<Nrte/ Seatt'le-, LOVE 12476 IN RE: I CM'Yll wvuVYlfrth0r Lettev ~I CUV11 ~ cU:Jout: whovt: w ~ o-vv wifh,fhe, $1. 8 ~ cloilar defl,cA;t'. It' w Wl:Y ~e; hope; that: yow wai ~ Wl:Y ve-1YOt-<4f,,o·r11 cvvui-CCU"'f!/t'O-~e; by ~~ cont'v!l:nArVYlfr t'o-fhe, Sha¥€/ the-Car€/ do-nctrt.OYl!. It' W Ct-YV opt"~ do-nctr(,()11\; t'o-help cu:d-[Atv the,, cuvv0Ytt" $1. 8 wuJliorv cloilar defl,c.i;t' that: W tli fjO" Ult"o-cv ~eci,fio ~{Or-ChiJ.,c'l, ve'late,d,, pw-p~ ~. Pvovtiled,,, W cv L4t° of the,, CU:y of }vf ~ L~ ~ w,t'y that: fcUJ.; ~ that: ~€fr0Yy: cv. 'Recve<Nt"'t.OnCUr C~e-v, I c,e,, 'R Uvllv & 13 MX tvetdv b: Job-Uw.r£AtvP&'R (3) (/. c~ Movle1r(C~ ( ~13W,e, C:;vcv.w F%t'weti) cL Lfth-of JUlyft,ye,,wor4~ & MA c tt dUday Show & mo-vtth01 F Veh FCVVYIAly F Ut'V s ettwrd..a'.)',y f P(Nll'"/v Me<Mt\t"'~ ~ M (Nll''/<,e,LIA1lf}' Pvo-wCiVYJ'tl (tt <Ytilt ~ .. ) TOTAL: $125,000.00 $200,000.00 $100,000.00 $ 20,000.00 $ 15,000.00 $500,000.00 $100,000.00 $1 ,060,000.00 T o-pvot'ed' youv Ult"ev~ I CM'Yll vtOC .¥U+"'€/ if th4' w t'CN>U cled.M.cr~ It' w Wl:Y ~ t'o-~ cv bifr fci.:t pL.gfjy ~{Or-ouv ChJ.dvew [Atv th4' ~y w-that: they wai Vl.eNev hew€/ t'O-ffO" wl:thout' ~{Or-CM'lY Ve.ct1-01'V cvvui-!MUlev ~ WC<M1%t"VVV\,C€/, L~ CV 3 t'~ p ~the,, t'ot:ci.:i ~~~ I CM'Yll~th0r ow cv R~Aa-of K~cvvui-~that: yow p~ Sha.¥€/the-Car€/ t'oo-: I vv cu;l.N~ tho.M.lv yovv, ~I Lovf!/ e-x;pv~ etppvedAffOYl! cvvtd-fft'°et.A:'tXuile,, {Or-~ A 4o-, if yow plcuv Ol'V do-vut.t"'~ w UL yow p~ Let-WU?/ k,now if U-0t ~"to-0€/cv ~' qw:,;w;-te¥"ly, bV-~ or-~ CO"V\t"rWucC:O-VV? I"f ¥ ,w-t}w.t: I CCU'\! oo ~ £,yt; propeA"'ly ~ cvvv e¢'VWUilt-e.cl-~ ~~ "to-y-w.,ch ~ ~ fhc:t¥Jv yow. I hop(?/ I ~"to-meet-yow .w-I CCU'\! Pe¥"~ ~your ~ cvvui if yow CLV(V ~ I w UL Le;t yow b-uy WU?/ Lvwtcl-v. A Lw~¥ foU.ow yovu- clv~ .. lvl~lvlo-vtey /vi~ CfV 509-DAL-LUGE (b-e¢C011lt:cu:;t) 13~eyGoodtT~ CV 44 P ~ 13Cf.Alllv LCNVte/ S~ LVVE 12476 SUPPLIES NEEDED: 1. Heart or Love stamps for postage 2. Blue ink Bic crystal pens 3. Envelopes with matching and 8.5'' x 11 " coordinating paper 4. Thank you cards with envelopes 5. Craft supplies 6. List of contact information for bigger businesses in the City of Moses Lake 7. List of contact information for bigger businesses surrounding CML 8. Other stuff. .. (ink for printer) TODO: 1. Contact Freya@ MAC in re: craft supplies & other stuff. .. 2. Contact Joe @City, Jazzy@ MLBA, Chamber of Commerce & County m re: Business Contact information. Nc:JTES: CBH SPECIAL EDITIORAL: WORD COUNT: 710 What a dilemma the People of Grant County currently ha"·e. The primary issue in the Moses Lake community is our current $1.8 million dollar deficit. City employees are losing their jobs, we are having to close down fac ilities and parks and cancel events like: the Recreational Center, Ice Rink, BMX track, Community concerts & movies, Museum Holi day Show, 4th of July fireworks show, etc ... In a recent Columbia Basin Herald Article, more talk about what to do was brought to the publics attention, Moses Lake Council votes against raising ambulance fee. Jason A vi la made a suggestion to raise the fee to $15, and that v. ould be a $3. 90 monthly difference, but after doing the math it would still leave a $100,000k deficit. Joe Gavinski said $15.96, and that would be a $4.86 monthly difference and that would leaYe no shortfall. Mayor Dick Deane asked again for consideration and David Curnel is the only City Council that voted only for the $15 increase. Bill Ecret said, 'it's a mistake," called it, "ridiculous" and further said, "lets just delay it." And other cit} council members said something about not having enough information. Great suggestion Jason. Awesome perfect solution Joe. Thanks Dick for your perseverance on this issue. Da\'id, thank you for standing in leadership on this issue. I'll stand with you because, $4.86 a month per household is reasonable when considering the positive effect it will immediately create for everyone in our community; especially our children. In reason and common sense, so no further unnecessary delays are imposed, I propose that we all pitch in as a family orientated community, and pay the $4.86 monthly household increase. It will begin to help get our Recreational Center, Ice Rink & BMX track reopened, so people working for our City don't lose their jobs, our parks don't have to be shut down or neglected, and we can still ha"e our community 4th of July firework show in honoring our Independence Day, our community concerts/movies can still exist_ was can still have our annual Holiday Show hosted by the Museum whereas we hold our silent auction to raise the funds for the upcoming Free Family Fun Saturday monthly events; and whatever else has had to be temporarily cut. Let's get our Recreational Center & BMX track re-opened immediately please. $1.8 million dollars might seem like a lot to one person but: Together we can do this! Think of it like this, just one of these examples cost more than $4.86: my toothpaste, my pillow, my tiaras, a movie, a long stem rose, one of my coffee/tea drinks, a shot of patron or crown, a lobster, a steak, a pound of bacon, a new piece of jewelry, a new pair of shoes, a yard of fabric, etc ... If every household pitches in and gives up just one luxury, just one time a month and pay $4.86 just to help out in a time of need, that is only reasonable. It would be a big mistake to not, because in understandingjuYenile delinquency, diversion & success; emotional intelligence; juvenile psychology & sociology it is imperative that we keep our children in the community involved in positive stimulation like everything the Recreational Center & BMX track has to offer. This is so our children of this community can have: more positive extra curricular actiYities, build their skills, have a safe outlet, work off some of that juvenile energy, hang out with their friends in a safe environment, effectively develop their self identity, close the ''broken window" opportunity gap, etc ... $4.86 a month for each household, is more than reasonable, for it makes a huge difference in providing something positive for children vs. the costs to pay for a broken window in result of juvenile delinquency; furthermore in result of juvenile indiscretion, because the) are bored and have nothing else to do. It is a common cause and effect statistical finding in Law & Justice, Psychology and Sociology. And the other good thing is $4.86 a month for each household will preserve jobs, our parks, community events/celebrations, etc ... If just $4.86 a month will bring back the Recreational Center & BMX track for our children, and other things of and for this community, there should be no further delay. Thank You, Elisia Marie Dalluge 509/431-3020 January 7, 2015 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Ordinances -Amending MLMC 18.20 & 18.06 - 2nd Readings Attached are ordinances that amend MLMC 18.20, Residential Zone, and 18.06, Definitions, to include provisions for an Accessory Dwelling Unit (ADU) as required by the Washington State Housing Policy Act (Act) and RCW 43.63A.215. An accessory dwelling unit (ADU) is a small, self-contained residential unit located on the same lot as an existing single-family home. They are sometimes called "mother-in-law apartments" or "granny flats" because they are often used to house extended family. Now that the City of Moses Lake has surpassed 20,000 in population, the Act requires the adoption of an ordinance encouraging ADU's in single-family zones. The ordinances are presented for Council consideration. The ordinances must be considered separately. This is the second readings of the ordinances. Gilbert Alvarado Community Development Director GA:jt ORDINANCE NO. 2t L{ t; AN ORDINANCE AMENDING CHAPTER 18.20 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "RESIDENTIAL ZONES" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential Zones" is amended as follows: 18.20.030 Allowed Uses: A The Residential Land Uses table indicates where categories of land uses may be permitted and whether those uses are allowed outright or by conditional use permit Only residential zones are included in this table. Land uses not listed are prohibited unless allowed through the process specified in MLMC 18.20.020.D. Further interpretation of these zones may be obtained as specified in MLMC 20.03.020.B. Land uses are also subject to any footnotes contained within this chapter. B. The symbols used in the table represent the following: 1. An "A" in a table cell indicates that the use is allowed subject to the applicable standards in this code in the zone listed at the top of the table. 2. A "C" in a table cell indicates that the use is allowed by conditional use permit, subject to the conditional use provisions in MLMC 18.51 and any additional standards specified. 3. An "X" in a table cell indicates the use is not allowed in the zone listed at the top of the table. C. Procedural requirements for permits are described in Moses Lake Municipal Code Title 20. D. Uses similar to those listed may be established as allowed or conditionally allowed through the interpretation procedures in MLMC 20.03.020.B. In determining whether a use should be permitted, the Community Development Director shall refer to the purpose statements found in MLMC 18.20.010 and the 1987 version of the Standard Industrial Classification Manual. TABLE 1: LAND USES IN RESIDENTIAL ZONES - USE CATEGORIES R-1 R-2 R-3 R-4 Residential Single family detached dwelling A A A A Single family attached dwelling, each unit on its own lot of record A A A x Factory built residential structure not on a permanent chassis A A A A Factory-built housing constructed to the standards of the State A A A A Building Code Manufactured home x A A A Duplex x A A x Multi-family dwelling units x x A x TABLE 1: LAND USES IN RESIDENTIAL ZONES USE CATEGORIES R-1 R-2 R-3 R-4 Condominium (in compliance with MLMC 18.67) A A A A Rental of apartment appurtenant to single family residence x c c c Accessory dwelling unit (in com12liance with 18.20.055} 6 6 6 ~ Boarding house for not more than 3 people x c c x Manufactured Home Park (in compliance with MLMC 18.65) x c c x Temporary occupancy of recreational vehicle1 x c c x Commercial Adult Family Home2 A A A A Assisted Living Facility x x c x Family Day Care3 A A A A Day Care Center-in home4 c c c x Day Care Center-not in home5 x x c x Home Occupation (in compliance with MLMC 18.55) A A A A Professional Office x x c x Golf course c c c c Clubs, lodges, assembly halls x x c x Athletic clubs x x c x Boarding houses x x c x Clinics, hospitals x x c x Hotels, motels x x c x Marinas x x c x Recreational Vehicle Parks (in compliance with MLMC 18.71) x x c x Commercial uses not specifically listed x x x x Transportation, Communication, and Utilities Wireless communication facilities, in compliance with MLMC 18.78 x x x x Local utilities, below ground A A A A Local utilities, above ground c c c c TABLE 1: LAND USES IN RESIDENTIAL ZONES USE CATEGORIES R-1 R-2 R-3 R-4 Regional utilities c c c c Public and Institutional Park, playground, athletic field , other non-commercial recreation A A A A schools-public and private c c c c Churches and church structures or additions which may exceed 30' in c c c c height, and appurtenant uses Cemeteries c c c c Agricultural Commercial cultivation of land for agricultural products, vineyards, x x x A gardening, fruit growing Keeping of livestock, poultry, rabbits, or bees (in compliance with x x x A MLMC 18.20.160) Selling of agricultural products raised or grown on premises x x x A Stables, riding academies, commercial dog kennels x x x c Commercial produce stand (selling of seasonal agricultural products) x x x c Miscellaneous Accessory use appurtenant to any primary use and not otherwise A A A A prohibited Removal of soil or other natural materials for the purpose of sale or x x x x 1c;P. !Ole: fill mriti:>riril6 Footnotes for Table 1 1. A The following criteria shall be met: 1) Applicant must be a non-profit organization. 2) The request is associated with a construction project which requires a conditional use permit. 3) The location and siting of the RV units shall comply with MLMC 18.65.080 Setbacks and Separations of Manufactured Homes, MLMC 16.36 Fire Apparatus Access, and MLMC 16.48 Fire Hydrants. B. In addition to any other conditions the Planning Commission sets on the project, the following requirements shall be stipulated as conditions of the conditional use permit: 1) The duration of the conditional use permit shall be specified and shall not be allowed to exceed the life of the building permit. 2) The number of RV units to be allowed. 3) The RV site shall be left free of litter, debris, or other evidence of RV occupation upon the completion or removal of the use. 4) A solid waste disposal plan shall be provided. 2. An adult family home shall be licensed by the State of Washington Department of Social and Health Services, and a city business license shall be required. 3. Family day care homes shall be licensed by the State of Washington Department of Social and Health Services and shall operate in compliance with the licensed capacity requirements for family day care homes. Certification by the office of child care policy licensor as providing a safe passenger loading area, and a city business license shall be required. The building and lot shall comply with all bu ilding, fire, safety, and health code requirements, and shall conform to the lot size, building size, setbacks, and lot coverage standards of the zone, except for legal nonconforming structures. Signage shall not be allowed. Hours of operation may be limited to facilitate neighborhood compatibility, while also providing appropriate opportunities for persons who use family day care and who work a non-standard shift. Proof that adjacent property owners have been notified in writing of the intent to locate and maintain such a facility shall be required. 4. This shall be a day care facility that provides for the care of no more than 20 children in the family abode of the person holding the license issued by the Washington State Department of Social and Health Service. Day care centers must be in compliance with the following requirements: A Outdoor play areas shall not be located in front yards. B. One on-site parking space is required for each employee in addition to the required resident parking. C. An on-site, off-street loading and unloading area shall be required. D. A city business license shall be required. E. Signage shall not be permitted in the R-1 , R-2, or R-4 Zones. F. No structural or decorative alteration which would alter the character or be incompatible with the surrounding residences shall be permitted. G. The use and structures shall be in compliance with zoning regulations and State Building Code requirements. H. Day care centers shall be licensed by the State of Washington, Department of Social and Health Services and shall operate in compliance with the licensed capacity requirements as determined by the State of Washington, Department of Health Services, unless the Planning Commission stipulates fewer children. I. The Planning Commission may impose conditions to mitigate any potential adverse impacts on the surrounding area. 5. Subject to the following conditions: A Day care facilities shall be licensed by the State of Washington, Department of Social and Health Services and shall operate in compliance with the licensed capacity requirements as determined by the State of Washington, Department of Health Services, unless the Planning Commission stipulates fewer children. B. One (1) on-site parking space shall be required for each employee on the largest shift. C. An on-site loading and unloading area shall be required. 6. Excavation for the purpose of on-site construction or landscaping is permitted. 18.20.055 Accessory Dwelling Units A. Purpose: 1 To regulate the establishment of accessory dwelling units within or in conjunction with single-family dwellings while preserving the character of single-family neighborhoods. ~ To provide affordable housing options. 1. Make possible for adult children to provide care and support to a parent or other relatives in need of assistance. ~ To provide the opportunity for homeowners to gain security, companionship and the extra income necessary to help meet the rising costs of home ownership. ~ To provide infill housing opportunites and efficient land use throughout residential zones in the City. ~ Accessory dwelling units (ADU) shall meet all of the following standards: 1. In The R-1 or R-2 zones, an ADU may be created within. or detached from, any existing or new single-family dwelling as a subordinate use. £. No more than one ADU may be created per legal lot of record 1. Only the property owner. which shall include title holders and contract purchasers, may apply for an ADU. The property owner must occupy either the primary dwelling or the ADU as their principal residence for at least six months of the year. 4. One off-street parking space shall be provided in addition to off-street parking that is required for the primary dwelling, 5. The ADU shall be designed to maintain the appearance of the primary dwelling as a single-family dwelling. Roof pitches and materiaL siding, trim, color, and windows of any new construction to house the ADU shall be similar and complementary to the primary dwelling. ~ In no case shall a detached ADU be less than 200 square feet, and no less than 300 square feet when part of the primary residence. No ADU shall be more than 800 square feet. excluding any related parking and stair areas. L The ADU shall include, at a minimum, kitchen, bathroom and sleeping facilities ~ Detached accessory dwelling units shall meet front, rear and side yard accessory structure setback requirements. 9. If a separate outside entrance is necessary for an ADU located within the primary dwelling, that entrance must be located either on the rear or side of the building. 1Q. A home occupation may be permitted in either the primary dwelling or the ADU but not in both. 11. An ADU shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit unless the resulting lots meet all of the required minimum development standards R An address for an ADU shall be the same as the primary dwelling unit with a "B" added to the end of the address number. R The design and construction of the ADU shall conform to all applicable codes. ~The property owner shall file a restrictive covenant with Grant County's auditor's office for the subject property prior to final building inspection approval for the ADU. The recorded information shall: a. Identify the property by address and legal description ~ State that the owner(s) resides in either the principal or accessory dwelling unit. c. State that the owner(s) will notify any prospective purchasers of the limitations of the ADU. Q.. State that the ADU shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit unless the resulting lots meet all of the required minimum development standards for the zone. e. Provide, upon proper notice, for the removal of the ADU within 2 years. if any of the requirements of this title are violated. 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 January 13, 2015. Dick Deane, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney ORDINANCE NO. 2 7 4 [p AN ORDINANCE AMENDING CHAPTER 18.06 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "DEFINITIONS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 18.06 of the Moses Lake Municipal Code entitled "Definitions" is amended as follows: 18.06.012 Accessory Dwelling Unit: An additional, subordinate dwelling unit on the same lot which may be attached, detached, or located within the primary residence, for use as a complete, independent dwelling with permanent provisions for living, sleeping, eating, cooking. and sanitation. No mobile home or recreational vehicle shall be an accessory dwelling unit. 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 January 13, 2015. Dick Deane, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney January 7, 2015 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Ordinance -Hayden Homes Zone Change -2 nd Reading Hayden Homes has requested a zone change for 45.1 acres from C-2, General Commercial and Business, to 17 acres of R-3, Multi-Family Residential, and to 28 acres of R-1, Single Family Residential. The property is located east of SR 17, south of Wheeler Road , and north of Crossroads Major Plats and is currently being farmed . Surrounding land uses are single family residential to the south, commercial and industrial to the north, SR 17 to the west, and industrial and a manufactured home park to the east. Future access to this property will be via Hamilton Road connecting to Wheeler Road , and via Lakeland Drive connecting to Nelson Road. The ordinance rezoning the subject property is presented for Council consideration. This is the second reading of the ordinance. Respectfully submitted ~ Gilbert Alvarado Community Development Director GA:jt ORDINANCE NO. 2/ t./f AN ORDINANCE AMENDING SECTION 18.09.040 OF THE MOSES LAKE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the zoning map of the City of Moses Lake shall be changed as follows: That the following described property shall be changed from its C-2, General Commercial and Business, to R-3, Multi-family Residential, Farm Unit 95, Ninth Revision of Irrigation Block 41, Columbia Basin Project, according to the plat thereof filed August 7, 1961, records of Grant County, Washington; TOGETHER WITH that portion of Farm Unit 96, fourth Revision of Irrigation Block 41 Columbia Basin Project, according to the plat thereof filed August 10, 1955, records of Grant County, Washington, described as follows: Commencing at the northwest corner of said Farm Unit 96, said point lies South 00°10'09" East, coincident with the west boundary line of the Northwest quarter of the Northwest quarter of Section 24, Township 19 North, Range 18 East, W.M., County of Grant, State of Washington, a distance of 1338.06 feet from a found United States Bureau of Reclamation brass cap monument found in a monument case marking the northwest corner of the Northwest quarter of said Section 24, said point also lies North 00°10'09" West, coincident with the west boundary line of the Southwest quarter of the Northwest quarter of Section 24, Township 19 North, Range 28 East, W.M., County of Grant, State of Washington, a distance of 1338.06 feet from a found 5/8 - inch iron with suNeyor's cap monument found in a monument case marking the southwest corner of the Northwest quarter of said Section 24; thence South 89°13'19" East, coincident with the north boundary line of the Southwest quarter of the Northwest quarter of said Section 24, a distance of 145.06 feet to the easterly right of way boundary line for the State of Washington's state highway designated as State Highway 17 (Secondary State Highway No. 1 1-G) as described by the conditions contained in a condemnation action in the Superior Court of the State of Washington for Grant County Cause No. 8647, dated March 10, 1954, recorded March 10, 1954, under Auditor's File No. 218089, and to the PONT OF BEGINNING; thence South 8913 19" East, coincident with the north boundary line of the Southwest quarter of the Northwest quarter of said Section 24 and the north boundary line of said Farm Unit 96, a distance of 1019.67 feet to a point that lies North 89°1319" West a distance of 164. 7 4 feet from the northeast corner the Southwest quarter of the Northwest quarter of said Section 14; thence South 00°13 47" West a distance of 46.57 feet; thence North 89°57'26" West a distance of 105. 76 feet; thence North 00°02'34" East a distance of 29.50 feet; thence North 89°57'26" West a distance of 735.68 feet; thence South 00°02'34" West a distance of 23.80 feet; thence North 89°5726" West a distance of 178.00 feet; thence North 00°02'34" East a distance of 53.94 feet to the POINT OF BEGINNING. That the following described property shall be changed from its C-2, General Commercial and Business, to R-1 , Single Family Residential: Farm Unit 96, Ninth Revision of Irrigation Block 41, Columbia Basin Project, according to the plat thereof filed August 7, 1961, records of Grant County, Washington, EXCEPT THEREFROM that portion described as follows: Beginning at the Southwest corner of said Farm Unit 96; thence South 89°14'29" East, along the South line thereof, a distance of 1323.64 feet; thence North 00°05'16" East, a distance of 504 feet; thence North 89 '14 29" West, a distance of 1325.86 feet, more or less; to the west line of said Farm Unit 96; thence South 00°09'50" East along said west line to the True Point of Beginning; AND EXCEPT THEREFROM that portion of Farm Unit 96, fourth Revision of Irrigation Block 41 Columbia Basin Project, according to the plat thereof filed August 10, 1955, records of Grant County, Washington, described as follows: Commencing at the northwest corner of said Farm Unit 96, said point lies South 00°10 09" East, coincident with the west boundary line of the Northwest quarter of the Northwest quarter of Section 24, Township 19 North, Range 28 East, W.M., County of Grant, State of Washington, a distance of 1338.06 feet from a found ORDINANCE NO. PAGE2 January 13, 2015 United States Bureau of Reclamation brass cap monument found in a monument case marking the northwest corner of the Northwest quarter of said Section 24, said point also lies North 00°1 O 09" West, coincident with the west boundary line of the Southwest quarter of the Northwest quarter of Section 24, Township 19 North, Range 78 East, W .M., County of Grant, State of Washington, a distance of 1338.06 feet from a found 5/8 - inch iron with surveyor's cap monument found in a monument case marking the southwest corner of the Northwest quarter of said Section 24; thence South 89°13'19" East, coincident with the north boundary line of the Southwest quarter of the Northwest quarter of said Section 24, a distance of 145.06 feet to the easterly right of way boundary line for the State of Washington's state highway designated as State Highway 17 (Secondary State Highway No. 1 1-G) as described by the conditions contained in a condemnation action in the Superior Court of the State of Washington for Grant County Cause No. 8647, dated March 10, 1954, recorded March 10, 1954, under Auditor's File No. 218089, and to the POINT OF BEGINNING; thence South 89°13' 19" East, coincident with the north boundary line of the Southwest quarter of the Northwest quarter of said Section 24 and the north boundary line of said Farm Unit 96, a distance of 1019.67 feet to a point that lies North 89°1319" West a distance of 164. 7 4 feet from the northeast corner the Southwest quarter of the Northwest quarter of said Section 14; thence South 00°13'47" West a distance of 46.57 feet; thence North 89°57'26" West a distance of 105. 76 feet; thence North 00°02'34" East a distance of 29.50 feet; thence North 89°57'26" West a distance of 735.68 feet; thence South 00°02'34" West a distance of 23.80 feet; thence North 89°57'26" West a distance of 178.00 feet; thence North 00°02'34" East a distance of 53.94 feet to the POINT OF BEGINNING. 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 January 13, 2015. Dick Deane, Mayor ATTEST: W Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney January 8, 2015 TO: City Manager for Council Consideration FROM: Municipal Services Director SUBJECT: Ordinance -Create Chapter 3.65 -Private Street and Utility Latecomer Contracts -1st Reading Ordinance -Repeal Chapter 17.56 -Reimbursement Agreements -1st Reading The attached ordinances create Chapter 3.65, Private Street and Utility Latecomer Contracts and repeals Chapter 17.56 , Reimbursement Agreements. Chapter 3.65 sets forth the requirements for developers to contract with the City to establish a reimbursement for the developer's costs associated with the construction of municipal improvements. This chapter includes the revisions in RCW 35.91 that became effective in 2014. Chapter 3.65 replaces Chapter 17.56, therefore, requires the repeal of Chapter 17.56. The ordinances are presented for Council Consideration. This is the first reading of the ordinances. The ordinances must be considered separately. Respectfully submitted, h..~ A Gary G. Harer Municipal Services Director GGH:jt ORDINANCE NO. AN ORDINANCE CREATING CHAPTER 3.65 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "PRIVATE STREET AND UTILITY LATECOMER CONTRACTS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 3.65 of the Moses Lake Municipal Code entitled "Private Street and Utility Latecomer Contracts" is created as follows: 3.65.010 Purpose: The purpose of this Chapter is to provide a mechanism to reimburse a Developer for costs associated with the construction of municipal improvements. This Chapter is intended to implement and make available to the public the provisions of Chapters 35.72 and 35.91 RCW as presently adopted or as may be subsequently amended. 3.65.020 Definitions: The following terms, when used in this Chapter, shall have the following meaning: A "Developer" shall mean the owner or applicant who is required by any City code to construct municipal improvements as a prerequisite of property development. B. "Benefitted Properties" shall mean real properties where the owner did not contribute to the original cost of the municipal improvements, but received a direct benefit from the municipal improvements, and are included in the latecomer contract. C. "Latecomer Contract" shall mean a contract authorized by Chapters 35.72 and 35.91 RCWand this Chapter, between the City and the Developer. D. "Latecomer Fee" shall mean a cost due from an owner of a benefitted property, collected by the City, and payable to a Developer, in accordance with a latecomer contract. E. "Municipal Improvements" shall mean street improvements, utility improvements, or a combination of street and utility improvements, that are accepted by the City. F. "Prerequisite of Property Development" shall mean municipal improvements that are required to be installed in accordance with the Moses Lake Municipal Code. G. "Reimbursement Area" shall mean the area that includes benefitted properties assigned to a latecomer contract. H. "Street Improvements" shall mean municipal street transportation facilities including: clearing, grubbing, excavation, embankment, grading, compaction, monument and utility adjustments, top course, base course, asphalt, curb, gutter, sidewalks, curb ramps, centerline street monuments, barricades, planter areas, irrigation sleeves, curb paint, public utilities, signage, associated landscaping, striping, signals, concrete pavers, irrigation, tree planters, trees, tree grates, or any combination of these improvements. I. "Utility Improvements" shall mean municipal water mains, wastewater mains, stormwater mains, pumping stations, disposal plants, treatment facilities, reservoirs, wells, controls, monitors, associated appurtenances, or any combination of these facilities. 3.65.030 Rights and Non-Liability of City: This Chapter shall not create a private right of action for damages against the City. The City shall not be held liable for failure to collect a latecomer fee unless the failure was willful or intentional. 3.65.040 Latecomer Contract Term: The latecomer contract for utility improvements will expire twenty (20) years after the City Council accepts the improvements, and the latecomer contract for street improvements will expire fifteen (15) years after the City Council accepts the improvements. Both terms may be extended as provided for by statute. 3.65 .050 Limits of Reimbursement Areas: Reimbursement areas for street improvements are limited to the benefitted properties within the corporate limits of the City of Moses Lake. Reimbursement areas for utility improvements are limited to benefitted properties within the corporate limits, and to benefitted properties outside the corporate limits, but within ten (10) miles from the corporate limits. 3.65.060 Contract -When Mandatory: A. The City Council reserves the right to refuse to enter into any latecomer contract for street improvements, and to reject any application for a latecomer contract for street improvements. 8. The City shall enter into a latecomer contract for utility improvements at the Developer's request if the Developer meets all conditions in accordance with this Chapter and RCW 35.91 .020(1 )(a). 3.65.070 City Manager's Authority: The City Manager may establish administrative rules, regulations, policies, procedures, and forms necessary to implement the provisions of this Chapter. The City Manager is authorized to execute latecomer contracts upon the City Council's approval. 3.65.080 Application Submittal: The following steps are required to initiate the process of approving a latecomer contract. A. The Developer shall submit a completed application for a latecomer contract prior to the date when the City Council accepts the improvements. All applications for latecomer contracts shall be on City forms that are available at the Municipal Services Department. B. A non-refundable application fee is due at the time of application in an amount established by resolution. This application fee is for the City's costs associated with the preparation of the latecomer contract including engineering, legal, and administration. 3.65.090 Establishing Contract: After the City has accepted an application for a latecomer contract and determined that the application is complete, the following steps are required to establish a latecomer contract: A. The Developer shall provide the following information to the City Engineer within one hundred twenty (120) days after the eligible municipal improvements are accepted by the City, (failure to do so within that time frame may result in a determination by the City Council that a latecomer contract is not available for the improvements accepted): 1. All documentation to verify the total cost of the municipal improvements. The total cost may include engineering, construction, bonding, land acquisition, administration, and permit and development fees paid to the City and the State regulatory agencies. All costs associated with private improvements shall be excluded from the latecomer contract. 2. In addition to the costs borne by the Developer, the City Council may provide for the reimbursement of all or part of the costs advanced by the City funds for such municipal improvements including any costs listed in Section 1 above, and including any costs of advertising, mailing, and publishing of notices; the cost of legal services and other expenses incurred by the City in connection with such construction or improvements and the financing thereof, including the issuance of bonds; the City's costs of administering the latecomer contract; and any outside professional services as applicable. 3. A map and legal description identifying the proposed boundary of the reimbursement area, and the Grant County parcel number for each benefitted property within the reimbursement area. The map shall include the front footage, area, or both, for each benefitted property and for the Developer's property. 4. A preliminary latecomer fee schedule showing the total project cost, the total front footage or area of the benefitted properties and the Developer's property, and the proposed reimbursement fee for each benefitted property. The reimbursement fee shall be calculated using the front foot assessment basis, area assessment basis, or a combination of these methods at the discretion of the City Engineer. The assessment roll shall be sent electronically to the City Engineer in Word or Word Perfect format. 5. A complete list of owners of benefitted property as shown on the tax rolls of the Grant County Treasurer. The list shall include the name and mailing address for each benefitted property. The Developer shall be solely responsible for the correctness of the list, and shall defend and indemnify the City against any suit or claim that a person entitled to notice did not receive notice due to an error in the list. The list shall be sent electronically to the City Engineer in Word or Word Perfect format. 6. As the items are submitted to and reviewed by the City Engineer, the Developer shall timely provide additional information at the discretion of the City Engineer for revisions or insufficiencies. B. The City will complete the following actions after the City Engineer determines that all documents required by the Developer for a latecomer contract are complete. 1. Send a notice to the owners of benefitted property by certified mail at least twenty (20) calendar days before the City Council meeting where the City Council will consider the latecomer contract. The notice will include the reimbursement map, the benefitted property assessment, the date of the City Council meeting, and notification that the property owner can request a hearing before the City Council meeting. Within twenty (20) calendar days of the mailing, if any owner of benefitted property provides a written request to the City for a hearing, a hearing shall be held before the City Council; and a notice of hearing shall be given to all the owners of the benefitted properties. 2. The City Council will determine whether to accept or modify the preliminary latecomer contract. The City Council may only increase the reimbursement area upon new notice to the owners of the affected property. 3. Prepare the final latecomer contract and send the contract to the Developer by first class mail for their signature. The Developer shall return the signed latecomer contract no later than twenty (20) calendar days after date of mailing. The City Manager will then execute the latecomer contract. Failure to return the signed latecomer contract within the twenty (20) calendar days shall result in the latecomer contract becoming null and void. The City Council may give consideration to extending this period upon a showing of hardship or excusable neglect on the part of the Developer. 4. File the executed latecomer contract at the Grant County Auditor's office within thirty (30) days after the final execution of the contract. Once the latecomer contract is recorded, it shall be binding on the owners of the benefitted properties of record. 3.65.090 Implementing Contract: Before the City will collect any latecomer's fee, the Developer will transfer title to all the improvements under the latecomer contract to the City at no cost to the City. The Developer will also assign the City the benefit and right to the latecomer's fee should the City be unable to locate the Developer to tender any latecomer's fee that the City has received. A The City will collect latecomer fees due from the owners of benefitted properties before approving a plat, before issuing a building or other development permit on property not platted, and before issuing a building or other development permit on platted lots that are deemed insufficient. In addition , the City will collect latecomer fees due for utility improvements before benefitted properties are approved to connect to the utility improvement. B. Latecomer fees that are collected by the City will be forwarded to the Developer at the Developer's address on file at the City Manager's office. Latecomer fees will be sent to the Developer within sixty (60) days of collection, except as noted in Section 3.65.100. 3.65.100 Notification -Developer: The Developer shall provide a written notification to the City every two (2) years from the date the contract is executed, providing the Developer's name, current physical and mailing address, and telephone number. At any time during the term of the latecomer contract, if two (2) years and sixty (60) days lapse without written notification from the Developer, then the latecomer fees collected by the City under the latecomer contract will be deposited in the City's capital fund. 3.65.110 Relief -Similar Facilities: The City may relieve the owner of a benefitted property from paying one or more latecomer fees, if multiple similar facilities could be utilized by the benefitted property. Relief shall be based upon sound engineering and policy justifications as to which facility best serves the property. Absent such justifications, the City shall allow the owner of a benefitted property to choose which facility to utilize. The latecomer fee due, if any, shall be that associated with the municipal improvement. 3.65.120 Severability: If any section, subsection, sentence, clause, phrase, or word of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, senten ce, clause, phrase, or word of the ordinance codified in this Chapter. 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 January 27, 2015. Dick Deane, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 17.56 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "REIMBURSEMENT AGREEMENTS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 17.56 of the Moses Lake Municipal Code entitled "Reimbursement Agreements" is repealed in its entirety. 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 January 27, 2015. Dick Deane, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney MEMO To: From: Date: Subject: City Council for Consideration FireChief ~ January 7, 2015 Changes to MLMC Chapter 16.40 The permitting section of the MLMC (Chapter 16.40) was changed to bring the permitting process more in line with the requirements for operational permits as outlined in the currently adopted state fire code. Specific changes to the hazardous materials permit requirements included identification of Class lA through 1118 Flammable and Combustible liquids for the construction of petroleum facilities and systems (piping, tanks, dispensers, etc.). Additional changes to construction permits required permits for any cryogenic tank I system installation and the installation of medical gas and compressed toxic gas storage. The changes to use permits included the identification of any use, dispensing, storage, or other hazardous materials, waste, or haza rdous production materials in any amount regulated under the currently adopted state fire code. This use permit is designed to more accurately track facilities that store, use, or manufacture hazardous materials in any code regulated amount. The permit expires 18 months from issue date, or at any time a process changes, or a permanent change of 10% of the maximum amount on site as reported on the annual SARA Title Ill Tier II report. A definition of permanent change was also included. In addition to the code regulated amounts, any facility using, storing, or producing highly toxic materials as defined in the OSHA standard requires a permit for any amount of these materials. The operational hazardous materials permit has a $200.00 fee for the initial review and $75.00 for renewal. Construction of new systems for hazardous materials to include LPG, & Flammable I Combustible liquids and setting of any new tank, installation of piping, dispensers, etc. requires a construction permit. Due to the specialized nature of hazardous materials a specific hazardous materials permit application was developed ut ilizing hazardous materials permits in use at other jurisdictions throughout the State I Northwest. The permit application asks for material data sheets, Tier II reporting information, inventory I quantity control statements, and other documentation required by local, state, and federal codes and industry standards. Change I addition to Moses Lake Municipal Code for hazardous materials permits: 16.40.010 Replace all current language in 16.40.010 with the following language: Permits required: Any property owner or authorized agent who intends to conduct an operation or business, or install or modify systems and equipment regulated by fire code adopted by the State of Washington, or to cause any such work to be done, shall first make application to the fire code official and obtain the required permit. Types of permit: 1. Operational permit. An operational permit allows the applicant to conduct an operation or a business for which a permit is required by this chapter for either: 1.1 A prescribed period. 1.2 Until renewed or revoked. 2. Construction permit. A construction permit allows the applicant to install or modify systems and equipment for which a permit is required by this chapter. 16.40.0lOA Application: Application for a permit required by this code shall be made to the fire code official in such form and detail as prescribed by the fire code official. Applications for permits shall be accompanied by such plans as prescribed by the fire code official. Refusal to issue permit: If the application for a permit describes a use that does not conform to the requirements of this chapter and other pertinent laws and ordinances, the fire code official shall not issue a permit, but shall return the application with the refusal to issue such permit. Such refusal shall be in writing and contain the reasons for refusal. Inspection authorized. Before a new operational permit is approved, the fire code official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used to determine compliance with the currently adopted state fire code and this code or any operational constraints required. Time limitation of application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that the fire code official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. 16.40.0lOB Conditions of a permit. A permit shall constitute permission to maintain, store or handle materials; or to conduct processes which produce conditions hazardous to life or property; or to install equipment utilized in connection with such activities; or to install or modify any fire protection system or equipment or any other construction, equipment installation or modification in accordance with the provisions of this code where a permit is required. Expiration. An operational permit shall remain in effect until reissued, renewed or revoked or for such a period of time as specified in the permit. Construction permits shall automatically become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or ifthe work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. A new permit shall be required before any work recommences. Occupancy prohibited before approval. The building or structure shall not be occupied prior to the fire code official issuing a permit and conducting associated inspections indicating the applicable provisions of this code have been met. 16.40.020 Permit: A permit shall be obtained from the Moses Lake Fire Department for the following activities, operations, practices, or functions: Required operational permits: The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.46 of the 2012 edition of the International Fire Code. Hazardous materials permits: Hazardous materials permits are a special operation permit and shall be submitted on a Moses Lake Fire Department Hazardous Materials permit application. Hazardous materials permits shall expire 24 months from the date of issue. Required construction permits: The fire code official is authorized to issue construction permits for new installations of or modifications to any fire protection or detection system required by the currently adopted State Fire Code or where required by this code. 16.40.030 Permit Fees: Table 1 Fire Department Permit Fee Schedule for Construction Permits Type Permit Fee Multiplier (multiplied by the All fees shown include plan review. project value-parts and labor included-to determine fee amount) New automatic fire sprinkler installations and .070 modifications exceeding 10 heads. Fire Pumps and related equipment-to include .070 on site fire suppression water storage. Existing automatic fire sprinkler system .035 modification less than 10 heads. Emergency responder radio coverage system* .070 New fire alarm I fire detection system. .070 Kitchen fire suppression systems (UL-300) .050 Special hazard systems (FM-200, Carbon .050 Dioxide, Dry Chemical) Paint I Spray Booth (factory built) .050 Paint I Spray Room .070 Private fire hydrants. (Applies to hydrants installed .050 on private property that are not subject to inspection I review by the City of Moses Lake Municipal Services I Engineering Department) Underground fire mains for fire sprinkler .050 systems. Installation of tanks, piping, and associated .070 structures for the distribution of petroleum, LPG, or materials posing a physical or health hazard (to include cryogenic materials) All other construction permits required under .035 the 2012 edition of the International Fire Code Fire apparatus roads I gates plan review fee. $100.00 *Emergency responder radio coverage systems required by the state fire code must also be reviewed and approved by the Multi-Agency Communication Center for compliance with FCC regulations. Table2 Table 2 Fire Department Permit Fee Schedule for Operational Permits Type Permit Fee I Expiration Time Frame Aviation Facilities (Group Hor S occupancy $200.00 I Must be renewed every 24 months. for servicing, repair, or fuel servicing) Carnivals and fairs. $100.00 valid for 10 days. Combustible dust producing operations. $100.00 I Must be renewed every 24 months. Dry cleaning. $100.00 I Must be renewed every 24 months, or upon change to a more hazardous solvent. Exhibits and trade shows. $100.00 valid for I 0 days. High Piled Storage. Required for any building $200.00 I Must be renewed every 24 months. or portion thereof as a high piled storage area exceeding 500 square feet. Hot work operations inside buildings. $75.00 I Must be renewed every 24 months. Hot work operations: Application of roof $50.00 valid for 7 days at a single address. coverings with the use of an open-flame device. Industrial ovens regulated by Chapter 30 of $500.00 I Must be renewed every 24 months. the 2012 International Fire Code Lumber yards exceeding 100,000 board feet $100.00 I Must be renewed every 24 months. of storage Temporary membrane structures and tents $75.00 valid for a period not to exceed 180 exceeding 400 square feet. days. Battery systems having a liquid capacity of $200.00 I Must be renewed every 24 months. more than 50 gallons. 16.040.40 Hazardous Materials Pennits Occupancies storing, maintaining, producing, or using hazardous materials or hazardous wastes that exceed the pennit quantities shown in Table Hl, HlF (Flammable & Combustible Liquids) or Hl C( compressed gases I aerosols) below shall submit a hazardous materials pennit application to the fire code official along with all supporting documentation required on the permit application fonn. Pennits shall be valid for 2 years. For the purposes of permit fee calculations, permit fees shall be based on the hazard ranking of the product(s) utilizing the hazard ranking outlined in National Fire Protection Association Standard 704 (Standard System for the Identification of the Hazards of Materials for Emergency Response) Pennit fees for hazardous materials pennits shall be calculated using Table H2 below. Table Ht-Permit Amounts for Hazardous Materials Type of Material Amount Corrosive materials Liquids: 55 gallons Solids: 1000 pounds Explosive Materials Any quantity within the scope of Chapter 56, 2012 edition of the International Fire Code Flammable Solids 100 pounds Highly toxic materials (OSHA definition) Gases, Liquids, Solids: Any amount Toxic materials (OSHA definition) Liquids 10 gallons Solids 100 pounds Oxidizing materials Liquids: Class 4 Any Amount Class 3 1 gallon Class 2 10 gallons Class 1 55 gallons Solids: Class 4 Any amount Class 3 10 pounds Class 2 10 gallons Class 1 55 gallons Organic Peroxides Liquids: Class I or II Any Amount Class III 1 gallon Class IV 2 gallons Class V No pennit required Table Ht-Permit Amounts for Hazardous Materials Solids: Class I & II Any amount Class ill 10 pounds Class IV 20 pounds Class V No permit required Pyrophoric materials Gases, Liquids, Solids: Any Amount Reactive materials Liquids: Class 3 & 4 Any amount Class 2 5 gallons Class 1 10 gallons Solids: Class 3 & 4 Any amount Class 2 50 pounds Class 1 100 pounds Water Reactive Materials Liquids: Class 3 Any amount Class 2 5 gallons Class 1 55 gallons Solids: Class 3 Any amount Class 2 50 pounds Class I 500 pounds Liquified petroleum gas Storage and use of LP gas above 500 gallons water capacity. Operations of cargo tankers (rail, & road) that transport LP gas. Table HlF-Permit Amounts for Flammable and Combustible Liquids Class 1 Liquids In excess of 5 gallons in a building, or 10 gallons outside. Permit required for fuel dispensing stations, refineries, bulk plants, or similar facilities. Class II or IIIA In excess of 25 gallons in a building, or in 60 gallons outside. Class IIIB In excess of 500 gallons Table Hl C-Permit Amounts for Compressed Gases and Aerosols Type of Gas Amount (Cubic feet at NTP) Corrosive 200 Flammable (Except Liquified Petroleum Gas) 200 Highly Toxic Any Amount Inert and simple ashyxiant 6000 Oxidizing (including oxygen) 504 Pyrophoric Any Amount Toxic Any Amount Permit Fee Calculation: Instructions for calculating permit fees is found on the fire department hazardous materials permit application. Each class of hazardous material shown in tables Hl, HlF and HlC above the permit amount will be used to calculate permit fees (individual materials within a class will be counted toward the aggregate quantity for that class) Table H2 Hazardous Materials Permit Fees 1 Class $100.00 2 classes $200.00 3 classes $300.00 4 classes or more than 4,000 gallons, 19,000 $450.00 cubic feet, or 249,000 pounds of any one class. 5 or more classes or more than 5,000 gallons, $580.00 25,000 cubic feet, or 280,000 pounds of any one class. Highly Toxic, Toxic, & Pyrophoric materials $400.00 all amounts up to maximum allowed by the 2012 edition of the International Fire Code. 16.40.050 Demolition of Systems I Fire Equipment: The removal or demolition of any fire protection system, fire protection equipment or fire alarm system or any component of those systems that are required under the current or previously adopted state fire, building, or mechanical code shall require a fire department permit. Components include, but are not limited to: vents, fans, plenums, and hoods for special hazard systems including UL 300 and FM 200 systems, wiring, alarm panels, sprinklers, piping, or other devices as determined by the fire code official. 1. Removal of components other than removal and replacement during normal maintenance: $75 2. Demolition of fire protection systems or fire protection equipment: $150 16.40.060 Permit applications: Applications for permits shall be made to the Moses Lake Fire Department Fire Prevention Division in such form and detail as prescribed by the city. Applicants for permits shall be accompanied by plans 24" x 36" or 30" x 42". Working drawings scale 1/8" = 1 '.Site Plans scale 1"=20' or l "=40'. A minimum of three (3) sets of plans shall be submitted for fire alarm and fire sprinkler systems. A minimum of two (2) sets of plans shall be submitted for all . . ~ . other systems. When more than one permit is required for the same location, such permits may be consolidated into a single permit. 16.40.070 Third party review: When in the opinion of the fire code official third party review is necessary due to a lack of sufficient reference material (standards) or when a process is of sufficient complexity that it exceeds the knowledge and training of city staff, the city reserves the right to hire individuals or companies to perform expert analysis and review at the expense of the permit applicant. Existing sections 16.40.030 through 16.40.060 keep and re-number as necessary. FIGURE 1 HAZARDOUS MATERIALS MANAGEMENT PLAN SECTION I: FACILITY DESCRIPTION APPENDIX H 1. Business Name: _______________________ Phone: _______ _ Address: __________________________________ _ 2. Person Responsible for the Business Name: 3. Emergency Contacts: Name: Title: Title: 4. Person Responsible for the Application/Principal Contact: Name: Title: 5. Principal Business Activity: 6. Number of Employees: ___ _ 7. Number of Shifts: _____ _ a. Number of Employees per Shift: 8. Hours of Operation: ____ _ 2012 INTERNATIONAL FIRE CODE• Phone: Home Number: Work Number: Phone: 465 APPENDIX H FIGURE 2 HAZARDOUS MATERIALS MANAGEMENT PLAN SECTION I: FACILITY DESCRIPTION 466 2012 INTERNATIONAL FIRE CODE• APPENDIXH FIGURE 4 SECTION II-HAZARDOUS MATERIALS INVENTORY STATEMENT (HMIS) HMIS SUMMARY REPORT" (Storageb Conditions)c IBC/IFC HAZARD CLASS HAZARD CLASS INVENTORY AMOUNT (Abbrev) Solid(lb) Liquid (gal) Combustible C2 5 Liquid C3A C3B 6 Combustible Fiber Loose/Baled Cryogenics, Flammable Cryo-Flam Cryogenic, Oxidizing Cryo-OX Flammable Gas FLG {Gaseous) {Liquefied) Flammable Liquid FIA FIB & FIC 5 Combination (IA. lB, 1 C) 5 Flammable Solid FLS Organic Peroxide OPU OPI OP2 OP3 OP4 OPS Oxidizer OX4 OX3 OX2 OXI a. Complete a summary report for each control area and Group H occupancy. b. Storage = storage + use-closed + use-open systems. c. Separate reports are required for use-closed and use-open systems. d. Include increases for sprinklefrs or storage in cabinets, if applicable. (This is an example; add additional hazard classes as needed.) 468 Gas (cu ft, gal, lb) 150 IBC/IFC MAXIMUM ALLOWABLE QUANTITY" Solid(lb) Liquid (gal) Gas (cu ft, gal lb) 120 330 13,200 45 45 1,000 30 30 120 120 125 0 5 50 125 NL NL 0 10 250 4,000 2012 INTERNATIONAL FIRE CODE• .. FIGURE 5 SECTION 11-HAZARDOUS MATERIALS INVENTORY STATEMENT (HMIS) HMIS INVENTORY REPORT (Sort Products Alphabetically by Location of Product and then Alphabetically by Product Name) APPENDIXH Product Name Container Haz Haz Haz Stored Stored Stored Closed Closed Closed Open Open CAS Number Location" Class Class Class (Components)' ACETYLENE (Acetylene gas) BLACK AEROSOL SPRAY PAINT (Mixture) GASOLINE, UNLEADED (Gasoline-Mixture) Methyl-t-Butyl-Ether-15% Diisopropyl Ether-7% Ethanol-I I% Toluene-12 % Xylene-11% MOTOR OIL-IOW40 (Hydrotreated Heavy Paraffinic Distillate-85%; Additives-20%) DIESEL (Diese!-99-100%; Additives) TRANSMISSION FLUID (Oil-Solvent-Neutral; Performance Additives) OXYGEN, GAS (Oxygen) 74-86-2 Mixture 8006-61-9 1634-04-4 108-20-3 64-17-5 108-88-3 1330-20-7 64742-54-7 Mixture 68476-34-6 Proprietary 64742-65-0 7782-44-7 >SS gal" 1 2 3 (lbs) (gal) Control FLG UR2 Area 1 Control A-L3 24 Area 1 Control FlB 5 Areal Control C3B 3 Area 1 Control Area 2 Yes C2 225 Control C3B 3 Area 2 H-3 OXG a. Identify the control area or, if it is a Group H occupancy, provide the classification, such as H-2, H-3, etc. b. If the product container, vessel or tank could exceed 55 gallons, indicate yes in the column. c. Specify percentages of main components if available. d. In cubic feet. gallons or pounds. (This is an example; add additional hazard classes as needed.) 2012 INTERNATIONAL FIRE CODE• (gas)• (bis) (gal) gas• (lbs) (gal) 150 5,000 469 • Moses Lake Fire Department HAZARDOUS MATERIALS PERMIT APPLICATION Part 1 Application Date II BUSINESS INFORMATION Permit Number Main Phone Number _______ Date Business Began Operations at this Location ________ _ Principal Business Activity _______________________________ _ Times of Operation (AM/PM) ________ Number of Shifts ____ Total Employees ___ _ PRINCIPAL CONTACT-Person Responsible for Obtaining Permit/Answering Application Questions Note: International Fire Code Section 2701.5.l requires a representative, knowledgeable about operations in the on-site hazardous material areas, to be responsible for liaison with the Moses Lake Fire Department. Pennit Renewal Notices will be mailed to this person. In addition, requests for Material Safety Data Sheets, Hazmat/Fire Inspection results, preplanning information for emergency responses, etc. will be directed to this on-site representative when necessary. Name ----------------------------------------- Title Business Phone MERGENCY CONTACTS -24 hour basis Name Hm. Ph. Pager Cellular ---------------------------------- Name Hm. Ph. Pa er Cellular I RESPONSIBLE OFFICIAL -Business Owner, Manager, President, General Manager, etc. Name ----------------------------------------- Title Business Phone -------I-c-er-tify-th_a_t th-e-i-nfi-or-m-at-io-n -ab-o-ve-a-nd_o_n_th-e fi-o-1/o-w-in_g_p-arts is true and correct to t-he-b-es-t -of_m_!Y_kn_o_wl-ed-g-e. ----- Signature ______________________ ~Date ____________ ~ SEND TO: Moses Lake Fire Department-Fire Marshal's Office Attn: Hazardous Materials Permits 701E3rd AVE Moses Lake WA 98837 PHONE: 509-765-2204 FAX: 509-765-2291 SEE PAGES 3 & 4 FOR CHEMICAL REPORTING AND FEE CALCULATION INSTRUCTIONS ****************************************************************************************** OFFICIAL USE ONLY: FORM REVISED 1014120I2 RECEIPT# ______ _ RMS ______ _ BATCH DATE _____ _ II age T WO I Moses Lake Fire Department Hazardous Materials Permit Application I Location Chemical/Product QUANTITY UNITS HEALTH FIRE REACTIVE Name Maximum gallons-liquid, RATING RATING RATING Aggregate cubic feet-gas, NFPA 704 NFPA 704 NFPA 704 On-Site pounds-solid 0, 1, 2, 3, or4 0, 1, 2, 3, or4 0, 1, 2, 3, or4 Pa e Three Moses Lake Fire Department Hazardous Materials Permit Application PART2 A. FACILITY STORAGE MAP -Provide one or more maps of the storage facility that show the following: J. SITE PLAN -provide a site plan showing the location of all buildings, structures, chemical loading areas, parking lots, internal roads, storm and sanitary sewers, wells and adjacent property uses. Indicate the approximate scale or dimensions, northern direction, and the date the drawing was completed. 2. BUILDING FLOOR PLANS -provide a floor plan for each building where hazardous materials are stored and/or used. Show approximate scale or dimensions, and northern direction. Mark each hazardous material storage/use location with a name, letter, or number code of your choice. The location code must be included on the inventory statement per the instructions below. The map should also show accesses to each storage area, the location of emergency equipment, secondary containment areas, purpose of other areas in the facility, and location of aboveground and underground tanks (sumps, pumps, vaults, etc.) B. HAZARDOUS MATERIALS INVENTORY STATEMENT (ABOVEGROUND) -Provide a listing of hazardous materials stored or used aboveground in aggregate quantities equal to or greater than that required for permit under Moses Lake Municipal Code 16.40. (MLMC 16.40 is available for download at www.cityofml.com) 1. LOCATION -Enter the storage/use location name or code (from the FACILITY STORAGE MAP) in the Location column for each material reported. Hazardous materials reported may be grouped together by building, room, etc. 2. CHEMICAL/PRODUCT NAME -Enter the product, commodity, or trade name for mixtures. Enter the common name of pure chemicals. These should be entered in the Chemical/Product Name column. Waste materials should be reported by product name with the designation "waste" afterward. Waste product must be reported but will not be included in the fee calculation. 3. MAXIMUM QUANTITY STORED -Enter the maximum amount stored at any one time for each of the materials reported in the Maximum Quantity Stored column. The aggregate quantity on-site should be reported for each hazard class (i.e. Health, Fire, and/or Reactivity). Aggregate quantities in each hazard class may be organized by building, room, etc. 4. UNITS -Enter the units corresponding to the quantities reported. There are only three units of quantity that will be accepted. Liquids must be reported in "GALLONS". Compressed and liquefied gases must be reported in "Cubic Feet" at normal temperature and pressure (Cryogenic fluids may be reported in gallons). Solids must be reported in "Pounds". Many product quantities require conversion from another unit, if difficulty is encountered in determining equal units, call MLFD for assistance. Pa eFour Moses Lake Fire Department Hazardous Materials Permit Application C. PERMIT FEE CALCULATION -Payment of a permit fee is required before a MLFD Hazardous Materials Permit can be issued. The permit fee is valid for a two year period. The following instructions show how to calculate the permit fee from information in the Hazardous Materials Inventory Statement. 1. DETERMINE Class of material(s): Utilize material safety data sheets or national publications such as the NIOSH pocket guide to determine product classifications. 2. TOTAL EACH HAZARD CLASS: Identify all materials within a hazard class. Utilize tables HJ, HJF, and HJC attached to this permit application to determine reportable quantities of hazard classes for the purpose of permitting. The aggregate quantity of all products in that class shall be utilized to determine whether or not reportable quantities have been met-not the quantity of an individual material. Contact MLFD for assistance. 3. DETERMINE PERMIT FEE. Utilize the table below to calculate the permit fee. Contact MLFD for assistance. Table H2 Hazardous Materials Permit Fees 1 Class $100.00 2 classes $200.00 3 classes $300.00 4 classes or more $450.00 than 4,000 gallons, 19,000 cubic feet, or 249,000 pounds of any one class. 5 or more classes $580.00 or more than 5,000 gallons, 25,000 cubic feet, or 280,000 pounds of any one class. Highly Toxic, $400.00 Toxic, & Pyrophoric materials all amounts up to maximum allowed by the 2012 edition of the International Fire Code. 16.040.40 Hazardous Materials Permits Occupancies storing, maintaining, producing, or using hazardous materials or hazardous wastes that exceed the permit quantities shown in Table HI, HIF (Flammable & Combustible Liquids) or HI C( compressed gases I aerosols) below shall submit a hazardous materials permit application to the fire code official along with all supporting documentation required on the permit application form. Permits shall be valid for 2 years. For the purposes of permit fee calculations, permit fees shall be based on the hazard ranking of the product(s) utilizing the hazard ranking outlined in National Fire Protection Association Standard 704 (Standard System for the Identification of the Hazards of Materials for Emergency Response) Permit fees for hazardous materials permits shall be calculated using Table H2 below. Table Ht-Permit Amounts for Hazardous Materials Type of Material Amount Corrosive materials Liquids: 55 gallons Solids: 1000 pounds Explosive Materials Any quantity within the scope of Chapter 56, 2012 edition of the International Fire Code Flammable Solids 100 pounds Highly toxic materials (OSHA definition) Gases, Liquids, Solids: Any amount Toxic materials (OSHA definition) Liquids I 0 gallons Solids I 00 pounds Oxidizing materials Liquids: Class 4 Any Amount Class 3 I gallon Class 2 I 0 gallons Class 1 55 gallons Solids: Class 4 Any amount Class 3 I 0 pounds Class 2 I 0 gallons Class I 55 gallons Organic Peroxides Liquids: Class I or II Any Amount Class ID I gallon Class IV 2 gallons Class V No permit required Table HI-Permit Amounts for Hazardous Materials Solids: Class I & II Any amount Class ill 10 pounds Class IV 20 pounds Class V No permit required Pyrophoric materials Gases, Liquids, Solids: Any Amount Reactive materials Liquids: Class 3 & 4 Any amount Class 2 5 gallons Class 1 1 0 gallons Solids: Class 3 & 4 Any amount Class 2 50 pounds Class 1 100 pounds Water Reactive Materials Liquids: Class 3 Any amount Class 2 5 gallons Class 1 55 gallons Solids: Class 3 Any amount Class 2 50 pounds Class 1 500 pounds Liquified petroleum gas Storage and use of LP gas above 500 gallons water capacity. Operations of cargo tankers (rail, & road) that transport LP gas. .. I I ' Table HlF-Permit Amounts for Flammable and Combustible Liquids Class 1 Liquids In excess of 5 gallons in a building, or 10 gallons outside. Permit required for fuel dispensing stations, refineries, bulk plants, or similar facilities. Class II or IDA In excess of25 gallons in a building, or in 60 gallons outside. Class IIIB In excess of 500 gallons Table HlC-Permit Amounts for Compressed Gases and Aerosols Type of Gas Amount (Cubic feet at NTP) Corrosive 200 Flammable (Except Liquified Petroleum Gas) 200 Highly Toxic Any Amount Inert and simple ashyxiant 6000 Oxidizing (including oxygen) 504 Pyrophoric Any Amount Toxic Any Amount January 5, 2015 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Ordinances -Housekeeping -1st Readings Attached are ordinances which amend Chapters 19.06 and 19.55. These housekeeping changes will bring the chapters into conformance with state law and the current operations of the Community Development Department as they apply to the Comprehensive Plan . The ordinances are presented for Council consideration. This is the first reading of the ordinances. The ordinances must be considered separately. Respectfully submitted Community Development Director GA:jt ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19.06 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "CLASSIFICATION AND DESIGNATION OF WETLANDS AND REGULATIONS FOR THE CONSERVATION AND PROTECTION OF WETLANDS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 19.06 of the Moses Lake Municipal Code entitled "Classification and Designation of Wetlands and Regulations for the Conservation and Protection of Wetlands" is amended as follows: 19.06.050 Definitions: A. Alteration -any activity which materially affects the existing condition of land improvements B. Applicant -means the person, party, firm, corporation, or other legal entity that proposes any activity. The applicant is either the owner of the land on which the proposed activity would be located, or the designated representative. C. City -means the City of Moses Lake D. Clearing -means the removal of brush, grass, ground cover, or other vegetative matter from a site which exposes the surface of the site. E. Compensatory Mitigation -means mitigation for wetland losses or impacts resulting from alteration of wetlands and/or their buffers. It includes, but is not limited to, creation, enhancement, and restoration F. Creation -means the producing or forming of a wetland through artificial means from an upland (non-wetland) site. G. Designated Wetland -means those lands identified through the classification process established by this chapter. H. Development -means alteration (see definition for Alteration) I. Earth/Earth Material -means naturally occurring rock, soil, stone, sediment, organic material, or combination thereof. J. Enhancement -means actions performed to improve the condition of existing degraded wetlands and/or buffers so that the functions they provide are of a higher quality (e.g., increasing plant diversity, increasing wildlife habitat, installing environmentally compatible erosion controls, removing non-indigenous plant or animal species, removing fill material or garbage, etc.). K. Erosion -means the wearing away of the earth's surface as a result of the movement of wind, water, or ice. L. Excavation -means the manual and or mechanical removal of earth material or fill. M. Existing and Ongoing Agricultural Activities -means those activities conducted on lands defined in RCW 84.34.020 (2), and those activities involved in the production of crops and livestock, including but not limited to operation and maintenance of farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and normal operation, maintenance or repair of existing serviceable structures, facilities or improved areas. Activities which bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be on going when the area on which it was conducted has been converted to a non-agricultural use or has lain idle more than five (5) years and so long that modifications to the hydrological regime are necessary to resume operations, unless the idle land is registered in a federal or state soils conservation program. N. Fill/Fill Material -means a deposit of earth material, placed by human or mechanical means, and which is not defined as solid waste according to RCW 70.95. 0. Filling -means the act of placing fill material on any surface. P. Grading -means any excavating, filling, clearing, leveling, or contouring of the ground surface of a site. Q. In-Kind Mitigation -means to replace wetlands with substitute wetlands whose characteristics and functions and values are intended to replicate those destroyed or degraded by a regulated activity. R. Mitigation -means to avoid, minimize, or compensate for adverse wetland impacts. S. Out-of-Kind Mitigation -means to replace wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. T. Permanent Erosion Control -means continuous on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity, or pollutants after development, construction, or restoration. U. Restoration -means the re-establishment of a viable wetland from a previously filled or degraded wetland site. V. Significant Impact -means a meaningful change or recognizable effect to the ecological function and value of a wetland, which is noticeable or measurable, resulting in a loss of wetland function and value. W. Single-Family Residence or Dwelling -means a building or structure, or portion thereof, which is designed for and used to provide a place of residence for human habitation. X. Site -means any parcel or combination of contiguous parcels, or right-of-way or combination of contiguous rights-of-way under the applicant's ownership or control where the proposed project impacts a wetland(s). Y. Slope -means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance. Z. Substrate -means the soil, sediment, decomposing organic matter, or combination, located on the bottom surface of the wetland. AA. Utility Line -means pipe, conduit, cable, or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electric power, gas, and communications. BB. Wetland(s) -means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including but not limited to, irrigation and drainage ditches, grass lined swales, canals, detention facilities, retention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. CC. Wetland Buffer Zone -means a designated area contiguous or adjacent to a wetland that is required for the continued maintenance, function, and structural stability of the wetland. DD. Wetland Specialist -is a person with a minimum of a four (4) year degree in wildlife sciences, biology, environmental science, or an equivalent academic background who also has experience in performing wetland delineations, analysis of wetland functions and values and project impacts, and wetland mitigation and restoration techniques. The person must be familiar with the approved federal Wasfliflgtofl State Wetland ldefltifieatiofl afld Delineation Manual ('v'VDOE publ. 96 94) and applicable regional spplements, the Washington State Wetland Rating System for Eastern Washington, and the City of Moses Lake Wetlands Ordinance. 19. 06.120 Wetlands Classification and Ratings Guidelines: A wetland rating and classification shall be established based upon a completed delineation report prepared by a wetland specialist to determine boundary, size, function, and value. Guidelines for preparing a wetland delineation report are defined in Section 19.06.150 of this chapter and the approved federal wetland delineation manual and applicable regional supplements. Guidelines for rating wetlands are defined in the Washington State Department of Ecology Wetland Rating System for Eastern Washington, October 2014, s revised August 2004. Wetlands shall be classified in accordance with this rating system. 19.06.150 Wetlands Analysis Report Requirements: A. A wetland analysis report shall be prepared by a qualified wetland specialist in accordance with the approved federal Wasfliflgtofl State Wetland ldefltifieatiofl afld Delineation Manual (WOGE publ. 96 94) and applicable regional supplements and submitted to the Community Development Department for review for any proposals adjacent to or within an affected wetland area. B. Within the time frame established in Moses Lake Municipal Code Title 20 rorty five (45) days oftfle submittal of tfle wetlaflds aflalysis Fe po Ft, the Community Development Department shall determine the appropriate wetland category, buffering requirement, and potential mitigation based upon the recommendation of the wetlands report analysis. The wetland analysis report shall be forwarded for review and comment to agencies with expertise or jurisdiction on the proposal, including, but not limited to: 1. Washington State Department of Fish and Wildlife 2. Washington State Department of Natural Resources 3. U. S. Fish and Wildlife Service 4. Washington State Department of Ecology 5. United States Army Corps of Engineers Comments received from review agencies within thirty (30) rorty five (45) days of circulating the wetland analysis report shall be considered by the Community Development Department. 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 January 27, 2015. Dick Deane, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Ken ison, City Attorney ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19.55 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENTS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 19.55 of the Moses Lake Municipal Code entitled "Comprehensive Plan and Development Regulation Amendments" is amended as follows: 19.55.030 Suggesting Amendments: Amendments to the comprehensive plan or development regulations may be suggested by any person, including but not limited to applicants, citizens, hearing examiners and staff of other agencies by providing the following written information on a form approved by the Community Development Director to meet the docketing requirements of this chapter: A. Name, address and telephone number of the person, business, agency or other organization suggesting the amendment; B. Citation of the specific text, map or other illustration suggested to be amended; C. The suggested amendment; D. If a suggested amendment is to a plan or to both a plan and a development regulation, a statement of how the amendment (1) promotes the public health, safety and welfare; (2) is consistent with or in conflict with other portions of the comprehensive plan; and (3) complies with Chapter 36. 70A RCW, also known as the Growth Management Act, and the Grant County countywide planning policies; E. If a suggested amendment is only to the development regulations, a statement as to how the amendment complies with the comprehensive plan. F. Except for a request made by a city department or officer or governmental entity, a fee of two hundred dollars ($200) is required. All applicants shall be responsible for the costs of any specialized studies including, but not limited to, traffic and transportation, critical areas and environmental impact statements associated with their request. G. SEPA checklist and fee. 19.55.060 Timing and Order of Consideration of Suggested Amendments: A. Suggested amendments to the comprehensive plan or development regulations shall be considered at least once each calendar year, but the comprehensive plan shall be amended no more often than once each calendar year, unless permitted by law, except that amendments may be considered more frequently for the adoption of a shoreline master program, in cases of emergency, or to resolve an appeal of an adopted comprehensive plan filed with a Growth Management Board or with the court. The City Council shall initiate consideration of suggested amendments by motion requesting the PlanAiAg CommissioA to prepare a recommeAdatioA. B. Suggested amendments shall generally be considered by the Planning Commission in the order received, although suggestions which concern the same property, group of properties or land use topic may be combined. All the recommendations of the Planning Commission shall be considered concurrently by the City Council. BegiAAiAg with items proposed for City CouAcil actioA iA 2002, the aAAual deadliAes for submittiAg suggested plafl aAd developmeflt regulation amendments shall be June 30th, unless otherwise stated by the City Council. All such requests shall be acted upon within forty five (45) days of their receipt. Beg inning with items proposed for City Council action in 2003, the annual deadline for submitting suggested plan amendments and suggested development regulation amendments shall be March 31 51, unless otherwise stated by the City Council. C. The Planning Commission and City Council shall endeavor to consider suggested plan amendments between January and June and suggested development regulations between July and December of each year. Where amendments to both a plan and development regulations are suggested, or where an amendment to the comprehensive plan ·would be implemented by an amendment to the development regulations, such amendments may be considered concurrently . .QB. The Planning Commission may consider and make a recommendation concurrently on a comprehensive plan land use designation change and the associated rezone. The required public hearing on the designation change and the rezone may be held concurrently. As appropriate, where an amendment of the comprehensive plan is granted by the City Council and a subsequent rezone or amendment to development regulations is required , the Planning Commission may consider them and make recommendations to the City Council for consideration concurrent with the final approval of the comprehensi'v'e plan. 19.55.070 Public Participation: The public shall be made aware of the opportunity to suggest amendments and to comment on suggested amendments through methods including but not limited to direct mailings, newsletter and newspaper articles, legal advertisements, and notices posted in public places. Public notice requirements shall be as set forth in section 18. 72.020 of this code. 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 January 27, 2015. Dick Deane, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney G~r-:INT C:C>lJNT.,_. MC>Sc;JL.JITCJ Cc::>NTRCJL December 23, 2014 Moses Lake City Council 401 S. Balsam St. Moses Lake, WA 98837 Honorable Mayor Dick Deane and the Moses Lake City Council, This letter is to request Chris Blessjng be re-appointed to the Grant County Mosquito Control District #1 Board of Trustees for another two year term. According to my records his current term expires January 22, 2015. Chris has been an excellent addition to our current board and bas asked to remain on the Board of Trustees for the District. Thank you for your time and consideration on this matter. Sincerely, Ann Moser District Manager P.O. Box 5090 • Moses Lake, WA 98837 • 509-765-7731 • www.gcn1cdl.org Gra nt Transit Authority 8392 Westover Blvd NE, Moses Lake, WA 98837 (800) 406-9177 or (509) 765-0898 ~-- January 8, 2015 City of Moses Lake Fax: (509} 398-9510 www.gta-ride.com Attn: Mayor of City of Moses Lake 321 S. Balsam Moses Lake, WA 98837 Subject: Grant Transit Authority Board of Directors Dear Mayor: Grant Transit Authority respectfully requests the name of the council member who will be serving on the Executive Board of Directors for the year 2015. If Councilman Avila is going to continue serving on the GT A Board of Directors please indicate that in your written response. Grant Transit Authority Executive Meetings are held on the third Thursday of every month at the Grant Transit Authority Administrative Office at 8392 Westover Blvd NE, Moses Lake, WA 98837 at 6:30 pm. Grant Transit Authority Board Members are eligible for compensation at the rate of $90.00 per meeting attended, plus mileage. I look forward to your written response, I can be reached Monday -Friday in the Administrative Office at 765-0898, my fax number is 398-9510. )j~;/~ Brandy J. Heston Administrative Services Manager/Clerk of the Board January 8, 2015 Honorable Mayor and Moses Lake City Council Dear Council Members CIT Y O F MOSES LAKE Attached please find an Indefinite Term Lease between the Columbia Basin Railroad Company and the City of Moses Lake with regard to the property the City leases from the Railroad for Neppel Landing and the activity path which runs along the lake shore. This lease can be terminated by either party with 30 days notice. The lease expired on June 30, 2014. The lease term begins July 1, 2014. Base rent is $1 ,000 for the first year and increases 3% annually during the term of the lease. If the City Council wishes the City to lease the Neppel Crossing property from the Railroad, authorization is requested for the City Manager to execute the lease. Respectfully submitted __.-r,Ot~~ K. Gavinski JKG;jt City Manager 764-3701 •City Attorney 764-3703 Community Development 764-3750 Finance 764-3717 Fire i65-2204 Municipal Services 764-3783 Municipal Court 764-370 I Parks & Recreation 764-3805 Police 764-3887 I'ax 764-3739 401 S Balsam St. P.O. Box 1579 Moses Lake, WA 98837-0224 www.cityofml.com Prior Lease with City of Moses Lake expired on 6/31/2014. INDEFINITE TERM LEASE LAND Contract No. 524949 THIS INDEFINITE TERM LEASE FOR LAND ("Lease") is made and entered into to be effective as of the 1st day of July, 2014 ("Effective Date"), by and between COLUMBIA BASIN RAILROAD COMPANY, a Washington corporation ("Lessor") and CITY OF MOSES LAKE, a Washington municipal corporation ("Lessee"). RECITALS A. Lessor is in the railroad transportation business and owns or controls a system of rail tracks ("Lessor's Track(s)") and various real properties associated therewith, including certain Premises as described below which Lessee desires to lease from Lessor. B. Lessor has agreed to lease to Lessee the Premises, subject to the terms, conditions and limitations provided herein. AGREEMENTS In consideration of the mutual covenants herein, Lessor and Lessee hereby agree as follows: Section 1. Premises and Term. A. Lessor leases to Lessee and Lessee leases from Lessor, subject to the covenants, agreements, terms, provisions and conditions of this Lease, that certain parcel of real property, situated in the City of Moses Lake, County of Grant, State of Washington, along Line Segment 0379, Mile Post 15 and constituting the shaded area shown upon the attached Print, a copy of which is attached hereto as Exhibit "A" and made a part hereof ("Premises"). B. Lessee leases the Premises from Lessor beginning July 1, 2014 ("Commencement Date"), and shall continue until terminated by either party as provided in this Section 1 (8). This Lease may be terminated by either party, at any time, without cause, for convenience, by serving upon the other party written notice of termination at least thirty (30) days in advance. Upon the expiration of the time specified in such notice, this Lease and all rights of Lessee shall absolutely cease. C. Upon termination, either (i) Lessor may retain from prepaid rent, as an additional charge for use of the Premises, a sum equal to three (3) mo'1ths Base Rent (as defined below), and any unearned portion of the annual Base Rent, in excess of such retainage, paid in advance shall be refunded to Lessee or (ii) if Lessor has not been paid sufficient Base Rent to satisfy the above retainage, then Lessee shall pay Lessor a sufficient sum so that, together with sums already held by Lessor, Lessor shall hold a sum equal to three (3) months Base Rent which Lessor shall retain as an additional charge for use of the Premises, and such additional· sum shall be paid by Lessee within thirty (30) days of termination of the Lease. D. Each consecutive twelve-month period this Lease is in effect, beginning with the Effective Date of this Lease, is herein called a "Lease Year." E. Lessee acknowledges that it is assuming all risks associated with Lessor's right to terminate this Lease at any time as provided above, and (i) Lessor gives no assurance that Lessor will delay termination of this Lease for any length of time whatsoever, (ii) Lessee may expend money and effort during the term of this Lease which may not ultimately be of any benefit to Lessee if Lessor terminates this Lease, but nonetheless, 1 Contract No. 524949 Lessor shall have the right to terminate the Lease if Lessor determines in its sole and absolute discretion that Lessor desires to terminate, and (iii) in no event shall Lessor be deemed to have any legal obligations to continue to lease the Premises for any length of time. Section 2. Use and Compliance. A. Lessee may use the Premises for the sole and exclusive purpose of Neppel Park (see Exhibit "C" for list of buildings & structures) and activity trail and for no other purpose without the prior written consent of Lessor. Lessee shall respond to Lessor's reasonable inquiries regarding the use or condition of the Premises. B. Lessee shall comply with all Laws applicable to Lessee, the Premises, this Lease and Lessee's activities and obligations hereunder, and shall have the sole responsibility for costs, fees, or expenses associated with such compliance. As used herein, the term "Laws" shall mean any and all statutes, laws, ordinances, codes, rules or regulations or any order, decision, injunction, judgment, award or decree of any public body or authority having jurisdiction over Lessee, the Premises, this Lease, and/or Lessee's obligations under this Lease, and shall include all Environmental Laws (as defined in Section 4(A)). C. If any governmental license or permit is required or desirable for the proper and lawful conduct of Lessee's business or other activity in or on the Premises, or if the failure to secure such a license or permit might in any way affect Lessor, then Lessee, at Lessee's expense, shall procure and thereafter maintain such license or permit and submit the same to inspection by Lessor. Lessee, at Lessee's expense, shall at all times comply with the requirements of each such license or permit. Section 3. Rent. A. Lessee shall pay as rental for the Premises, in advance, an amount equal to One Thousand Dollars ($1,000.00) annually during the term of the Lease, ("Base Rent"). Base Rent shall increase 3% annually during the term of the Lease. Lessor reserves the right to change rental rates as conditions warrant. Billing or acceptance by Lessor of any rental shall not imply a definite term or otherwise restrict either party from canceling this Lease as provided herein. Either party hereto may assign any receivables due it under this Lease; provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this Lease. All rent and other monetary payments under this Lease from Lessee to Lessor shall be delivered solely to the following address: Iron Horse Development, LLC Railroad Property Management 111 University Parkway, Suite 200 Yakima, WA 98901 Lessor shall have the right to designate at any time and from time to time a different address for delivery of such payments by written notice to Lessee pursuant to the notice provisions of Section 36 below. No rent or other payment sent to any other address shall be deemed received by Lessor unless and until Lessor has actually posted such payment as received on the account of Lessee, and Lessee shall be subject to all default provisions hereunder, late fees and other consequences as a result thereof in the same manner as if Lessee had failed or delayed in making any payment. B. Lessee acknowledges that Lessor utilizes the rental collection system involving direct deposit of monies received through a financial institution selected by Lessor, which precludes Lessor's ability to exercise rejection of a rental payment before Lessee's check is cashed. Lessee agrees that as a condition of Lessor granting this Lease Lessee hereby waives any rights it may have under law to force continuation of this Lease 2 Contract No. 524949 due to Lessor having accepted and cashed Lessee's rental remittance. Lessor shall have the option of rejecting Lessee's payment by refunding to Lessee the rental amount paid by Lessee, adjusted as set forth in this Lease, and enforcing the termination provisions of this Lease. C. Lessee shall pay the Base Rent and all additional amounts due pursuant to Section 9 as and when the same become due and payable, without demand, set-off, or deduction. Lessee's obligation to pay Base Rent and all amounts due under this Lease is an independent covenant and no act or circumstance, regardless of whether such act or circumstance constitutes a breach under this Lease by Lessor, shall release Lessee of its obligation to pay Base Rent and all amounts due as required by this Lease. D. If any Base Rent or any payment under Section 9 or any other payment due by Lessee hereunder is not paid within five (5) days after the date the same is due, Lessor may assess Lessee a late fee ("Late Fee") in an amount equal to 5% of the amount which was not paid when due to compensate Lessor for Lessor's administrative burden in connection with such late payment. In addition to said Late Fee, Lessee shall pay interest on the unpaid sum from the due date thereof to the date of payment by Lessee at an annual rate equal to (i) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2 1/2%), and for the period July 1 through December 31 , the prime rate last published in The Wall Street Journal in the preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent (12%), or (ii) the maximum rate permitted by law, whichever is less. Section 4. Environmental. A. Lessee shall strictly comply with all federal, state and local environmental laws and regulations in its occupation and use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Clean Air Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, and CERCLA (collectively referred to as the "Environmental Laws"). Lessee shall not maintain any treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws, on the Premises. Lessee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws, on or about the Premises. 8 . Lessee shall give Lessor immediate notice to Lessor at (509) 453-9166 ext 105 of any release of hazardous substances on or from the Premises and for any violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Lessee's use of the Premises. Lessee shall use its best efforts to promptly respond to any release on or from the Premises. Lessee also shall give Lessor immediate notice of all measures undertaken on behalf of Lessee to investigate, remediate, respond to or otherwise cure such release or violation and shall provide to Lessor copies of all reports and/or data regarding any investigations or remediations of the Premises. C. In the event that Lessor has notice from Lessee or otherwise of a release or violation of Environmental Laws on the Premises which occurred or may occur during the term of this Lease, Lessor may require Lessee, at Lessee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Lessor's right-of-way. D. Lessee shall promptly report to Lessor in writing any conditions or activities upon the Premises which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Lessee's reporting to Lessor shall not relieve Lessee of any obligation whatsoever imposed on it by this Lease. Lessee shall promptly respond to Lessor's request for information regarding said conditions or activities. 3 Contract No. 524949 E. Hazardous Materials are not permitted on the Premises except as otherwise described herein. Lessee expects to use on the Premises the following Hazardous Materials: ________ _ ---------'and to store on the Premises the following Hazardous Materials (as defined in Section 4(F) below): ; provided, however, that Lessee may only use and store the listed Hazardous Materials in such amounts as are necessary and customary in Lessee's industry for the permitted uses hereunder ("Permitted Substances"). All such Permitted Substances shall be placed, used, and stored in strict accordance with all Environmental Laws. Use or storage on the Premises of any Hazardous Materials not disclosed in this Section 4(E) is a breach of this Lease. F. For purposes of this Section 4, "Hazardous Materials" means all materials, chemicals, compounds, or substances (including without limitation asbestos, petroleum products, and lead-based paint) identified as hazardous or toxic under Environmental Laws . G. Lessor may, at its option prior to termination of this Lease, require Lessee to conduct an environmental audit of the Premises through an environmental consulting engineer acceptable to Lessor, at Lessee's sole cost and expense, to determine if any noncompliance or environmental damage to the Premises has occurred during Lessee's occupancy thereof. The audit shall be conducted to Lessor's satisfaction and a copy of the audit report shall promptly be provided to Lessor for its review. Lessee shall pay all expenses for any remedial action that may be required as a result of said audit to correct any noncompliance or environmental damage, and all necessary work shall be performed by Lessee prior to termination of this Lease. Section 5. Access to Adjacent Property bv Lessee. If access to and from the Premises can be accomplished only through use of Lessor's property adjacent to the Premises, such use is granted for ingress and egress only and on a non-exclusive basis, subject to such restrictions and conditions as Lessor may impose by notice to Lessee. Lessor shall have the right to designate the location or route to be used. Lessee understands and agrees that all of the terms and obligations under this Lease applicable to Lessee shall also be applicable to Lessee with respect to Lessee's use of any property adjacent to the Premises which Lessee may use just as though the property has been specifically described as part of the Premises, including, without limitation, the indemnity provisions of Section 13. Notwithstanding anything to the contrary herein, this Section 5 shall not grant Lessee any right to cross any of Lessor's Tracks. Any such crossing rights may only be granted by a separate written agreement between Lessor and Lessee. Section 6. Access to Premises by Lessor. A. Lessor and its contractors, agents and other designated third parties may at all reasonable times and at any time in case of emergency, in such manner as to not unreasonably interfere with Lessee's use of the Premises as allowed hereunder, (i) enter the Premises for inspection of the Premises or to protect the Lessor's interest in the Premises or to protect from damage any property adjoining the Premises, (ii) enter the Premises to construct, maintain, and operate trackage, fences, pipelines, communication facilities, fiber optic lines, wireless towers , telephone, power or other transmission lines, or appurtenances or facilities of like character, upon, over, across, or beneath the Premises, without payment of any sum for any damage, including damage to growing crops, (iii) take all required materials and equipment onto the Premises, and perform all required work therein, for the purpose of making alterations, repairs , or additions to the Premises as Lessor may elect if Lessee defaults in its obligation to do so, (iv) enter the Premises to show the Premises to holders of encumbrances on the interest of Lessor in the Premises, or to prospective purchasers or mortgagees of the Premises, and all such entries and activities shall be without any rebate of rent to Lessee for any loss of occupancy of the Premises, or damage, injury or inconvenience thereby caused. 4 Contract No. 524949 B. For purposes stated in this Section 6, Lessor will at all times have keys with which to unlock all of the doors and gates on the Premises, and Lessee will not change or alter any lock thereon without Lessor's permission. C. In an emergency, Lessor will be entitled to use any and all means that Lessor may deem proper to open doors, gates, and other entrances to obtain entry to the Premises. Any entry to the Premises by Lessor as described in this Section 6 shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or any eviction of Lessee from the Premises, and any damages caused on account thereof will be paid by Lessee. Section 7. Warranties. LESSOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND LESSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. This Lease is made subject to all outstanding rights or interests of others. If the Premises are subsequently found to be subject to prior claim, this Lease shall terminate immediately on notice to that effect from Lessor. Lessee accepts this Lease subject to that possibility and its effect on Lessee's rights and ownership of the Lessee Improvements. In case of eviction of Lessee by anyone other than Lessor, or anyone owning or claiming title to or any interest in the Premises, Lessor shall not be liable to Lessee for damage of any kind (including any loss of ownership right to Lessee's Improvements) or to refund any rent paid hereunder, except to return the unearned portion of any rent paid in advance. Section 8. Premises Condition; Lessee Improvements. A. Lessee represents that the Premises, the title thereto, any subsurface conditions thereof, and the present uses thereof have been examined by the Lessee. Lessee accepts the same in the condition in which they now are, without representation or warranty, expressed or implied, in fact or by law, by the Lessor, and without recourse to the Lessor as to the title thereto, the nature, condition or usability thereof, or the uses to which the Premises may be put. By taking possession or commencing use of the Premises, Lessee (i) acknowledges that it is relying on its own inspections of the Premises and not on any representations from Lessor regarding the Premises; (ii) establishes conclusively that the Premises are at such time in satisfactory condition and in conformity with this Lease and all zoning or other governmental requirements in all respects; and (iii) accepts the Premises in its condition as of the Commencement Date on an "AS IS," 'WHERE IS," and "WITH ALL FAUL TS" basis, subject to all faults and infirmities, whether now or hereafter existing. Nothing contained in this Section 8 affects the commencement of the term of the Lease or the obligation of Lessee to pay rent as provided above. Lessee represents and warrants to Lessor as follows: (i) Lessee does not intend to, and will not, use the Premises for any purpose other than as set forth in Section 2; (ii) Lessee has previously disclosed in writing to Lessor all special requirements (but Lessor shall have no responsibility relative to any such special requirement), if any, which Lessee may have in connection with this intended use; and (iii) Lessee has undertaken and has reasonably and diligently completed all appropriate investigations regarding the suitability of the Premises for Lessee's intended use. Lessee shall comply with any covenants, conditions or restrictions now or hereafter affecting the Premises, and acknowledges that Lessor may place any covenants, conditions or restrictions of record affecting the Premises prior to or during the term of the Lease. In such event, this Lease will be subject and subordinate to all of the same without further action by either party, including, without limitation, the execution of any further instruments. Lessee acknowledges that Lessor has given material concessions for the acknowledgements and provisions contained in this Section 8, and that Lessor is relying on these acknowledgments and agreements and would not have entered into this Lease without such acknowledgements and agreements by Lessee. B. If improvements are necessary for Lessee's use of the Premises, Lessee, at Lessee's sole cost and expense, shall, on or after the Commencement Date, construct and install such improvements to the 5 Contract No. 524949 Premises which are necessary for Lessee's use of the Premises and are acceptable to Lessor in Lessor's sole discretion ("Lessee Improvements"). The construction and installation of any Lessee Improvements shall be subject to Lessor's prior written approval of plans and specifications for such Lessee Improvements to be prepared by Lessee and submitted to Lessor for approval as set forth below, such approval to be in Lessor's sole and absolute discretion. Within forty-five (45) days after the Commencement Date, Lessee shall submit detailed plans and specifications, and the identity of Lessee's proposed general contractor for the Lessee Improvements for Lessor's review and approval. Lessor shall either approve or disapprove the plans and specifications and general contractor (in its sole and absolute discretion) by written notice delivered to Lessee within sixty (60) days after receipt of the same from Lessee. In the event of any disapproval, Lessor shall specify the reasons for such non-approval. If Lessor fails to deliver notice to Lessee of Lessor's approval or disapproval of the plans, specifications, and proposed general contractor within the time period discussed above, Lessee's plans, specifications and proposed contractor shall be deemed disapproved. If Lessor specifies objections to the plans and specifications or general contractor as herein provided and Lessor and Lessee are unable to resolve the objections by mutual agreement within a period of thirty (30) days from the date of delivery of written notice thereof, Lessee, as its sole remedy, to be exercised not later than ten (10) days after the expiration of said thirty (30) days period, may terminate this Lease by written notice to Lessor. Upon approval of the plans and specifications by Lessor, Lessor and Lessee shall sign the same, and they shall be deemed a part hereof. All Lessee Improvements shall be constructed and installed in accordance with the terms and conditions of Exhibit "B" attached to the Lease and all applicable terms and conditions of the Lease regarding alterations and improvements. Lessee shall not construct any other alteration or improvement to the Premises without Lessor's prior written consent. The Lessee Improvements constructed pursuant to the above provisions shall be owned by Lessee during the term of the Lease and removed from the Prem ises or surrendered to the Lessor pursuant to Section 20 below upon termination of this Lease. Section 9. Taxes and Utilities. A. In addition to Base Rent, Lessee shall pay all taxes, utilities, and other charges of every kind and character, whether foreseen or unforeseen, ordinary or extraordinary, which are attributable to the term of this Lease and may become due or levied against the Premises, against Lessee, against the business conducted on the Premises or against the Lessee Improvements placed thereon during the term hereof, even though such taxes, utilities or other charges may not become due and payable until after termination of this Lease provided; however, that Lessee shall only be responsible for the payment of property taxes levied against the Premises to the extent such taxes are separately assessed by the applicable taxing authority as a result of this Lease. Lessee agrees that Lessor shall not be required to furnish to Lessee any utility or other services. If this Lease is a transfer of an existing lease, Lessee must make arrangements with the present lessee for payment of any delinquent and current taxes, utilities, and other charges prior to taking possession. If such arrangements are not made, Lessee agrees to pay all such taxes, utilities, and other charges. If Lessor should make any such payments, Lessee shall promptly upon demand reimburse Lessor for all such sums. B. Should the Premises be subject to special assessment for public improvements in the amount of Five Hundred Dollars ($500.00) or less during any Lease Year, Lessee shall promptly reimburse Lessor the amount in full. Should the assessment exceed Five Hundred Dollars ($500.00) during any Lease Year then such excess shall be paid by Lessor, but the Base Rent herein shall be increased by an amount equal to twelve percent (12%) of such excess payable for each Lease Year such amounts are payable. Section 10. Track Clearance. A. Lessee shall not place, permit to be placed, or allow to remain, any permanent or temporary material, structure, pole, or other obstruction within (i) 8Yz feet laterally from the centerline of any of Lessor's Tracks on or about the Premises (nine and one-half (9-1/2) feet on either side of the centerline of any of Lessor's Tracks which are curved) or (ii) 24 feet vertically from the top of the rail of any of Lessor's Tracks on 6 Contract No. 524949 or about the Premises ("Minimal Clearances"); provided that if any law, statute, regulation, ordinance, order, covenant or restriction ("Legal Requirement") requires greater clearances than those provided for in this Section 10, then Lessee shall strictly comply with such Legal Requirement. However, vertical or lateral clearances which are less than the Minimal Clearances but are in compliance with Legal Requirements will not be a violation of this Section 10, so long as Lessee strictly complies with the terms of any such Legal Requirement and posts a sign on the Premises clearly noting the existence of such reduced clearance. Any such sign shall be painted with black and white reflective paint. B. Lessor's operation over any Lessor's Track on or about the Premises with knowledge of an unauthorized reduced clearance will not be a waiver of the covenants of Lessee contained in this Section 10 or of Lessor's right to recover for and be indemnified and defended against such damages to property, and injury to or death of persons, that may result therefrom. C. Lessee shall not place or allow to be placed any freight car within 250 feet of either side of any at- grade crossings on Lessor's Tracks. Section 11. Repairs: Maintenance. A. Lessee shall, at its sole expense, take good care of the Premises (including all Lessee Improvements) and shall not do or suffer any waste with respect thereto and Lessee shall promptly make all necessary or desirable Repairs to the Premises. The term "Repairs" means all reasonable repair and maintenance necessary to keep the Premises (including all Lessee Improvements) in good condition and includes, without limitation, replacements, restoration and renewals when necessary. Lessee shall keep and maintain any paved areas, sidewalks, curbs, landscaping, and lawn areas in a clean and orderly condition, and free of accumulation of dirt and rubbish. B. Lessor shall not have any liability or obligation to furnish or pay for any services or facilities of whatsoever nature or to make any Repairs or alterations of whatsoever nature in or to the Premises, including but not limited to structural repairs, or to maintain the Premises in any manner. Lessee acknowledges that Lessor shall have no responsibility for management of the Premises. Section 12. Safety; Dangerous and Hazardous Conditions. It is understood by Lessee that the Premises may be in dangerous proximity to railroad tracks, including Lessor's Tracks, and that persons and property, whether real or personal, on the Premises will be in danger of injury, death or destruction incident to the operation of the railroad, including, without limitation, the risk of derailment, fire, or inadequate clearance (including sight clearance or vision obstruction problems at grade crossings on or adjacent to the Premises), and Lessee accepts this Lease subject to such dangers, and acknowledges that its indemnification obligations hereunder extend to and include all such risks. Section 13. Indemnity. A. TO THE FULLEST EXTENT PERMITTED BY LAW, LESSEE SHALL RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LESSOR AND LESSOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENAL TIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY 7 Contract No. 524949 "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (i) THIS LEASE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS; (ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LEASE; (iii) LESSEE'S OCCUPATION AND USE OF THE PREMISES; (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY, AGGRAVATED BY, OR CONTRIBUTED IN WHOLE OR IN PART, BY LESSEE; OR (v) ANY ACT OR OMISSION OF LESSEE OR LESSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LESSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. B. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 13(A), LESSEE SHALL NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE PREMISES FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS. LESSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. LESSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LEASE SHALL NOT IN ANY WAY SUBJECT LESSOR TO CLAIMS THAT LESSOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LESSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. C. TO THE FULLEST EXTENT PERMITTED BY LAW, LESSEE FURTHER AGREES, REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF LESSEE OR ANY OF ITS AGENTS, INVITEES, OR CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. D. Upon written notice from Lessor, Lessee agrees to assume the defense of any lawsuit or other proceeding brought against any lndemnitee by any entity, relating to any matter covered by this Lease for which Lessee has an obligation to assume liability for and/or save and hold harmless any lndemnitee. Lessee 8 Contract No. 524949 shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. Section 14. Equal Protection. It is agreed that the provisions of Sections 10, 12, and 13 are for the equal protection of other railroad companies, including, without limitation, the National Railroad Passenger Corporation (Amtrak), permitted to use Lessor's property, and such railroad companies shall be deemed to be included as lndemnitees under Sections 10, 12, and 13. Section 15. Assignment and Sublease. A. Lessee shall not (i) assign or otherwise transfer this Lease or any interest herein, or (ii) sublet the Premises or any part thereof, without, in each instance, obtaining the prior written consent of Lessor, which consent may be withheld in Lessor's sole and absolute discretion. For purposes of this Section 15, in the event that there are aggregate transfers or other changes in the ownership interests of Lessee resulting in a change of more than 20% of the ownership interests as held on the date hereof, a transfer shall be deemed to have occurred hereunder. Any person or legal representative of Lessee, to whom Lessee's interest under this Lease passes by operation of law, or otherwise, will be bound by the provisions of this Lease. B. Any assignment, lease, sublease or transfer made pursuant to Section 15(A) may be made only if, and shall not be effective until, the assignee cures all outstanding defaults of Lessee hereunder and executes, acknowledges and delivers to Lessor an agreement, in form and substance satisfactory to Lessor, whereby the assignee assumes the obligations and performance of this Lease and agrees to be personally bound by and upon all of the covenants, agreements, terms, provisions and conditions hereof on the part of Lessee to be performed or observed. Lessee covenants that, notwithstanding any assignment or transfer, whether or not in violation of the provisions of this Lease, and notwithstanding the acceptance of rent by Lessor from an assignee or transferee or any other party, Lessee will remain fully and primarily liable along with the assignee for the payment of the rent due and to become due under this Lease and for the performance of all of the covenants, agreements, terms, provisions, and conditions of this Lease on the part of Lessee to be performed or observed. Section 16. Liens. Lessee shall promptly pay, discharge and release of record any and all liens, charges and orders arising out of any construction, alterations or repairs, suffered or permitted to be done by Lessee on the Premises. Lessor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises; provided, however, that failure of Lessor to take any such action shall not relieve Lessee of any obligation or liability under this Section 16 or any other Section of this Lease. Section 17. Insurance. Lessee shall, at its sole cost and expense, procure and maintain during the life of this Lease the following insurance coverage: A. All risks property insurance covering all of Lessee's property including property in the care, custody or control of Lessee. Coverage shall include the following : + Issued on a replacement cost basis. + Shall provide that in respect of the interest of Lessor the insurance shall not be invalidated by any action or inaction of Lessee or any other person and shall insure the 9 Contract No. 524949 respective interests of Lessor as they appear, regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee or any other person. • Include a standard loss payable endorsement naming Lessor as the loss payee as its interests may appear. + Include a waiver of subrogation in favor of Lessor. 8. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $1 ,000,000 each occurrence and an aggregate limit of at least $ 2,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limited to, the following: • Bodily Injury and Property Damage + Personal Injury and Advertising Injury + Fire legal liability • Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: + The employee and workers compensation related exclusions in the above policy shall not apply with respect to claims related to railroad employees. • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. + Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage may be included on the policy. C. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1 ,000,000 per occurrence, and include coverage for, but not limited to the following: to: + Bodily injury and property damage + Any and all vehicles owned, used or hired D. Workers Compensation and Employers Liability insurance including coverage for, but not limited + Lessee's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. + Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. Other Requirements: All policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Lessee agrees to waive its right of recovery against Railroad for all claims and suits against Railroad. In addition, its insurers, through the terms of the policy or through policy endorsement, waive their right of subrogation against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Lessee further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under Lessee's care, custody, or control. 10 Contract No. 524949 Lessee's insurance policies through policy endorsement must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by Railroad . The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) shall include a severability of interest endorsement and shall name Railroad (Columbia Basin Railroad) and Iron Horse Development, LLC as additional insureds with respect to work performed under this Lease. Severability of interest and naming Railroad and Iron Horse Development, LLC as additional insureds shall be indicated on the certificate of insurance. Lessee is not allowed to self-insure without the prior written consent of Railroad. If granted by Railroad, any deductible, self-insured retention or other financial responsibility for claims shall be covered directly by Lessee in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Lease, be covered by Lessee's insurance will be covered as if Lessee elected not to include a deductible, self-insured retention or other financial responsibility for claims. Prior to accessing the Premises, Lessee shall furnish to Railroad an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate original of any required policy shall be furnished. Any insurance policy shall be written by a reputable insurance company acceptable to Railroad or with a current Best's Guide Rating of A-and Class VII or better, and authorized to do business in the state(s) in which the Premises is located. Lessee represents that this Lease has been thoroughly reviewed by Lessee's insurance agent(s)/broker(s), who have been instructed by Lessee to procure the insurance coverage required by this Lease. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be contracted by Lessee, Lessee shall require that the contractor shall provide and maintain insurance coverages as set forth herein, naming Railroad as an additional insured, and shall require that the contractor shall release, defend and indemnify Railroad to the same extent and under the same terms and conditions as Lessee is required to release, defend and indemnify Railroad herein. Failure to provide evidence as required by this Section 17 shall entitle, but not require, Railroad to terminate this Lease immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Lessee's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Lessee shall not be deemed to release or diminish the liability of Lessee including, without limitation, liability under the indemnity provisions of this Lease. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. 11 Contract No. 524949 For purposes of this Section 17, Railroad shall mean "Columbia Basin Railroad", and the subsidiaries, successors, assigns and affiliates of each. Section 18. Water Rights and Use of Wells. This Lease does not grant, convey or transfer any right to the use of water under any water right owned or claimed by the Lessor which may be appurtenant to the Premises. All right, title, and interest in and to such water is expressly reserved unto Lessor, and the right to use same or any part thereof may be obtained only by the prior written consent of the Lessor. Lessee shall not use, install or permit to be installed or used any wells on the Premises without the prior written consent of Lessor. occur: Section 19. Default. A. An "Event of Default" by Lessee shall have occurred hereunder if any of the following shall (i) if Lessee violates any safety provision contained in this Lease; (ii) if Lessee fails to pay rent or any other monetary payment hereunder when due or fails to perform any other obligations under this Lease and such failure continues thirty (30) days after written notice from Lessor to Lessee of Lessee's failure to make such payment or perform such obligations; (iii) if a decree or order of a court having jurisdiction over the Premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Lessee or over all or a substantial part of the property of Lessee shall be entered; or if Lessee becomes insolvent or makes a transfer in fraud of creditors; or an interim receiver, trustee or other custodian of Lessee or of all or a substantial part of the property of Lessee shall be appointed or a warrant of attachment, execution, or similar process against any substantial part of the property of Lessee shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within thirty (30) days after entry, appointment or issuance; (iv) if the Premises is abandoned or vacated by Lessee. B. If an Event of Default occurs as provided above, Lessor may, at its option, (i) terminate this Lease by serving five (5) days notice in writing upon Lessee, in which event Lessee shall immediately surrender possession of the Premises to Lessor, without prejudice to any claim for arrears of rent or breach of covenant, (ii) proceed by appropriate judicial proceedings, either at law or in equity, to enforce performance or observance by Lessee of the applicable provisions of this Lease or to recover damages for a breach thereof, (iii) cure the default by making any such payment or performing any such obligation, as applicable, at Lessee's sole expense, without waiving or releasing Lessee from any obligation, or (iv) enter into and upon the Premises or any part thereof and repossess the same without terminating the Lease and, without obligations to do so relet the Premises or any part thereof as the agent of Lessee and in such event, Lessee shall be immediately liable to Lessor for all costs and expenses of such reletting, the cost of any alterations and repairs deemed necessary by Lessor to effect such reletting and the full amount, if any, by which the rentals reserved in this Lease for the period of such reletting exceeds the amounts agreed to be paid as rent for the Premises for the period of reletting . The foregoing rights and remedies given to Lessor are and shall be deemed to be cumulative and the exercise of any of them shall not be deemed to be an election excluding the exercise by Lessor at any time of a different or inconsistent remedy. If, on account of breach or default by Lessee of any of Lessee's obligations hereunder, it shall become necessary for the Lessor to employ an attorney to enforce or defend any of Lessor's rights or remedies hereunder, then, in any such event, any reasonable amount incurred by Lessor for attorneys' fees shall be paid by Lessee. Any waiver by Lessor of any default or defaults of this 12 Contract No. 524949 Lease or any delay of Lessor in enforcing any remedy set forth herein shall not constitute a waiver of the right to pursue any remedy at a later date or terminate this Lease for any subsequent default or defaults, nor shall any such waiver in any way affect Lessor's ability to enforce any Section of this Lease. The remedies set forth in this Section 19 shall be in addition to, and not in limitation of, any other remedies that Lessor may have at law or in equity, and the applicable statutory period for the enforcement of a remedy will not commence until Lessor has actual knowledge of a breach or default. Section 20. Termination. Upon the termination of Lessee's tenancy under this Lease in any manner herein provided, Lessee shall relinquish possession of the Premises and shall remove any Lessee Improvements, and restore the Premises to substantially the state and environmental condition in which it was prior to Lessee's use ("Restoration Obligations"). If Lessee shall fail within thirty (30) days after the date of such termination of its tenancy to complete the Restoration Obligations, then Lessor may, at its election (i) either remove the Lessee Improvements or otherwise restore the Premises, and in such event Lessee shall, within thirty (30) days after receipt of bill therefor, reimburse Lessor for cost incurred, (ii) upon written notice to Lessee may take and hold any Lessee Improvements and personal property as its sole property, without payment or obligation to Lessee therefor, or (iii) specifically enforce Lessee's obligation to restore and/or pursue any remedy at law or in equity against Lessee for failure to so restore. Further, in the event Lessor has consented to Lessee Improvements remaining on the Premises following termination, Lessee shall, upon request by Lessor, provide a Bill of Sale in a form acceptable to Lessor conveying such Lessee Improvements to Lessor. Section 21. Survival of Obligations. Notwithstanding any expiration or other termination of this Lease, all of Lessee's indemnification obligations and any other obligations that have accrued but have not been satisfied under this Lease prior to the termination date shall survive such termination. Section 22. Holding Over. If Lessee fails to surrender the Premises to Lessor upon the termination of this Lease, and Lessor does not consent in writing to Lessee's holding over, then such holding over will be deemed a month-to-month tenancy. Lessee's holdover will be subject to all provisions of this Lease. Section 23. Multiple Party Lessee. In the event that Lessee consists of two or more parties, all the covenants and agreements of Lessee herein contained shall be the joint and several covenants and agreements of such parties. Section 24. Damage or Destruction. If at any time during the term of this Lease, the Premises are damaged or destroyed by fire or other casualty, then Lessor may terminate this Lease or repair and reconstruct the Premises to substantially the same condition in which the Premises existed immediately prior to the damage or destruction, except that Lessor is not required to repair or reconstruct any Lessee Improvements, personal property, furniture, trade fixtures, or office equipment located on the Premises and removable by Lessee under the provisions of this Lease. 13 Contract No. 524949 Section 25. Eminent Domain. If any part of the Premises is taken by eminent domain, Lessor may either terminate this Lease or continue the Lease in effect. If Lessor elects to continue the Lease, rent will be reduced in proportion to the area of the Premises taken by eminent domain, and Lessor shall repair any damage to the Premises resulting from the taking. All sums awarded or agreed upon between Lessor and the condemning authority for the taking of the interest of Lessor or Lessee, whether as damages or as compensation, will be the property of Lessor; without prejudice, however, to claims of Lessee against the condemning authority for moving costs and the unamortized cost of leasehold improvements paid for by Lessee taken by the condemning authority. If this Lease is terminated under this Section 25, rent will be payable up to the date that possession is taken by the condemning authority, and Lessor shall refund to Lessee any prepaid unaccrued rent less any sum then owing by Lessee to Lessor. Section 26. Representations. Neither Lessor nor Lessor's agents have made any representations or promises with respect to the Premises except as herein expressly set forth . Section 27. Signs. No signs are to be placed on the Premises without the prior written approval of Lessor of the size, design, and content thereof. Section 28. Consents and Approvals. Whenever in this Lease Lessor's consent or approval is required, such consent or approval shall be in Lessor's sole and absolute discretion. If Lessor delays or refuses such consent or approval, such consent or approval shall be deemed denied, and Lessee in no event will be entitled to make, nor will Lessee make, any claim, and Lessee hereby waives any claim, for money damages (nor will Lessee claim any money damages by way of set-off counterclaim or defense) based upon any claim or assertion by Lessee that Lessor unreasonably withheld or unreasonably delayed its consent or approval. Section 29. Captions. The captions are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Lease nor the intent of any provision thereof. Section 30. Public Record. It is understood and agreed that this Lease shall not be placed of public record . Section 31. Governing Law. All questions concerning the interpretation or application of provisions of this Lease shall be decided according to the laws of the state in which the Premises are located. Section 32. No Waiver. One or more waivers of any covenant, term, or condition of this Lease by Lessor shall not be construed as a waiver of a subsequent breach of the same covenant, term, or condition. The consent or approval by 14 Contract No. 524949 Lessor to or of any act by Lessee requiring such consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 33. Binding Effect. All provisions contained in this Lease shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and assigns of Lessor and Lessee to the same extent as if each such successor and assign was named a party to this Lease. Section 34. Force Majeure. Except as may be elsewhere specifically provided in this Lease, if either party is delayed or hindered in, or prevented from the performance required under this Lease (except for payment of monetary obligations) by reason of earthquakes, landslides, strikes, lockouts, labor troubles, failure of power, riots, insurrection, war, acts of God or other reason of the like nature not the fault of the party delayed in performance of its obligation, such party is excused from such performance for the period of delay. The period for the performance of any such act will then be extended for the period of such delay. Section 35. Entire Agreement/Modification. This Lease is the full and complete agreement between Lessor and Lessee with respect to all matters relating to lease of the Premises and supersedes any and all other agreements between the parties hereto relating to lease of the Premises. If this Lease is a reissue of an existing agreement held by Lessee, it shall supersede and cancel the previous lease or leases, without prejudice to any liability accrued prior to cancellation. This Lease may be modified only by a written agreement signed by Lessor and Lessee. Section 36. Notices. Any notice or documents required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given or shall be deemed to have been served and given if (i) delivered in person to the address hereinafter set forth for the party to whom the notice is given, (ii) placed in the United States mail, certified -return receipt requested, addressed to such party at the address hereinafter set forth, or (iii) deposited into the custody of any reputable overnight carrier for next day delivery, addressed to such party at the address hereinafter set forth. Any notice mailed as above shall be effective upon its deposit into the custody of the U. S. Postal Service or such reputable overnight carrier, as applicable; all other notices shall be effective upon receipt. All rent and other payments due to Lessor hereunder shall also be made as provided in Section 3(A) above, and delivery of such rental and other payments shall only be effective upon actual receipt by Lessor. From time to time either party may designate another address or telecopy number within the 48 contiguous states of the United States of America for all purposes of this Lease by giving the other party not less than fifteen (15) days' advance written notice of such change of address in accordance with the provisions hereof. If to Lessee: City of Moses Lake 401 South Balsam Street Moses Lake, WA 98837 15 If to Lessor: Iron Horse Development, LLC Railroad Property Management 111 University Parkway, Suite 200 Yakima, WA 98901 With a copy to: Columbia Basin Railroad Company P.O. Box 159 Warden, WA 98857 Attn: General Manager Section 37. Counterparts. Contract No. 524949 This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original but which together shall constitute one and the same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this Agreement may also be exchanged via electronic facsimile machines and any electronic facsimile of any party's signature shall be deemed to be an original signature for all purposes. Section 38. Relationship. Notwithstanding anything else herein to the contrary, neither party hereto shall be construed or held, by virtue of this Lease, to be the agent, partner, joint venturer, or associate of the other party hereto, it being expressly understood and agreed that the relationship between the parties hereto is and at all times during the term of this Lease, shall remain that of Lessor and Lessee . Section 39. Severability. If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws effective during the term of this Lease, then and in that event, it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby, and it is also the intention of the parties to this Lease that in lieu of each clause or provision of this Lease that is illegal, invalid or unenforceable, there be added, as a part of this Lease, a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 40. Transferability; Release of Lessor. Lessor shall have the right to transfer and assign, in whole or in part, all of its rights and obligations under this Lease and in the Premises, and upon such transfer, Lessor shall be released from any further obligations hereunder, and Lessee agrees to look solely to the successor in interest of Lessor for the performance of such obligations. Section 41. Tax Waiver. Lessee waives all rights pursuant to all Laws to protest appraised values or receive notice of reappraisal regarding the Premises (including Lessor's personalty), irrespective of whether Lessor contests the same. 16 Contract No. 524949 Section 42. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Lease, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements in addition to any relief to which it may be entitled. Executed by the parties to be effective as of the Effective Date above. 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' : ::· · .. o:x··G 1 • i>!' :·l ei ! ' .. .1 _ ~. . , ~· ~ ----~ .. 1 1/ ".· · -t· .,. · t' ,, 'It· , ... 'Zo·-1 • I I:'. . , . " . ; ',. ' : . ,• . • ' . ,NI ., ~ o· ii?,·4 . ·-I ~ , . ',.;.~( ' ! . . ; • I ~· · I °' ' 3 I · 2 ,. . ,., , l ' . I ' '' ; I I~ r' . I "" .. I. . . ' 1itt " ..... ... .'I. ! • . . ' ~ ! :: . , .. 4 0 R J G'/ N'' A I.I) 3 , I 4 ' • I• , 1 I • I . !: • ,,. • • • ' ' d ,! . j _! )i /i .{ . 'j/i',. ·~.. . . , .. '/EXHIBIT "A" PR/NT " .. ".·. . I ~ ·-_--4 .. ~ . . ' . Columbia Basin Ra'f Contract No. 524949 i road Company ;! ;, '5 s . .. , "2 r---t-c -·~J· . .... .: __ ~_ -~~ .. '21..1{; eyVO;d:J 'j_~ , O,c';---""O'-""./'---- ZI ·::: S /. -~;-::--- L I Ii! i!l f (';- v< ., . r-· L 'f ' •' r 'I,· N II ·~ -· _____ '>j 01 -~ 6 -~ ; -~ L ~ ., .~ , -~ ,. "~ ~ ----.t .. ··r·~ .l' . ----·-......__ .. I .. -······.F-· .. C'· Q ·' II:) I I .· ,oot. , L I .. z·1 , ·' ~::':·f"-:•-'r f,: L I·. l -1· I I I I -I I '.---i:; ..:; a. c E 0 () 0 () 'C cu ~ '(ii er: c ·u; l1l CD l1l :.0 E ::> 0 () '.· ~ m iii UJ I-0 a:: ~ j?;o c :5 ·;;; 0 :g ·;;; Cl) <J.'. ~I .,,;; UJ (/) o1l c:I 0 0 UJ ""'" ~ ti :::! (/) <J.'. iii (!) .9-Q) u. UJ Cl. i-.<= ~ 0 _J Q) (/) .<= (/) 'O c c t:'. >-0 Ill c ::> ~ 0 I-z ~ l1l 0 0 z u :'.) -I () I-Ci N N iJj z Q) o1l ""'" UJ z (1J LC) Li.i ~ <( -I ,.... C/J c c Cl. () I-0 ~ z Q) u .Q i5 C/J 0 0 Q) 0) I-~ Q) () :::! (/) er: () rn E w ~ c 'II: Q) UJ I-.Q .<= (/) m a. t:'. (/) z ro 0 UJ 0 Ci5 :::: z _J () ---~;~· I / . . If) ·< ' --~-."l . . l " tn~:~r~r ~ :_ :-J~-,~,~- /~.~; -G:J ~- :?51 0 -llj • ' . ~ Q . --~ .. '"' <> ~j~ 'L~ CT 0 ~ BROADWAY C47i~~-~~- K '.II" """' ~------- :;~. '!. ~- 1.' -:.·~:-·· -~---::-~o;;:-·- ·.--.. ' ·' ~L ---------~ --~i--=:- -. -, 1--. ij ~ h "1 . -.. -~-'" . " '· ·,. ,, ·•··. . _ _;,-ii ._~~ • !_ r . . ../' ~:; . -i-:'!." ·.~·-~\·;. ~~~~ ·--~, -·~.- .,.. . ~- 1--~ ~ V) -LJ. Q 'l" a.2 . ~ -~ =-~·--r··-- ·-'4<..;, '~---~ -· ·.( . 300 ' L l !._j ~:,· -..... -~·-. ~ ... '·· ,.:.,;~ .. ~ .. ~ EXHIBIT "A" PRINT c Columbia Basin Railroad Cc c:=llNDICATES: Lease c=lcoNTAINING: Land -Park & Act1v1~ Station: Moses Lake Map# County: Grant J ~ -':<' ---~ : 't -':~:, ., '~--~-: :-.~: :._ ->·:>ec: ~ 1 _,, . f-. ...._.,CCL_~ ~ --. -··--c; --c--. '·-+.,_,., __ ~. " , . ---t \''. '· .· -•-.~(%c~J -. :-........,._----.i_ __ ~~-· --' .. ' ~, .. -~,,, --1'-'-"-•· 'T -~'-:.f#L ___ _ ·~·,, .•. ----· ~·. -·-'. ·" ·-. . -~---.._,__-•. ,. ·. ~~· k· ' •. ' r 11· .::'" ~ ..,;c .,,......,. •. ~<::~:::::::=~ ~-~ . -, -·· -~ 1· . . .. ·.· . . . _-·' --,-. . . ' ·'~""--. Section15& 22 Township: 19N Northern Region Northwest Division CITY OF MOSES U LAND LEASE LESSEE: CONTRACT TYPE: .. : . . . ~ / / / / .. < \ '1\ / / ,,~Q // "r ,. / I I i I ,:. \\. / • ..,....l ·~'\-.> • 0 "1.- // / / +---<;. / . / // ~ ,,/' / s-<..-,, ,, / / // Q1 / l 4/ (t' 0· <:....<} .... ~ <.,,' ,._o 00' ~o'"?J "'C:C" Q, ~ <Y'r~ c.r CD' ":,r/' ~~ of>'o e?-- "':'° .... .o04 ·""-i.7:.0- ~., "'· f.~~ ~~~ o?--~ "" EXHIBIT "A" PRINT ~-:'-' tr. , c Columbia Basin Railroad C1 !!INDICATES: _L_e_as_e ____ _ r::=JcoNTAINING. Land -Park & Activit Station: Moses Lake County: Grant Map# Section15& 22 Township: 19N ~ I Northern Region Northwest Division ., LESSEE: CONTRACT TYPE: CITY OF MOSES U LAND LEASE / / ~ t . tJ f>-i ~" . .;' ,no_,6· ..,."<i/~VO ,/·;""> d '\ /'~~ /'' .., ....... ~~<A .>" 't. .IJ"'.'S>. '1..."". <!)":::_ 0 ...,,. "' ~,...~ I l> .... ,,,_ ];¥- r,_. ·-.... . Station: Moses Lake County: Grar Map# Section15& 22 Township: .t Northern Region LESSEE: CONTRACT TYPE: Northwest [ CITY OF MC LAND LEASE Contract No. 524949 EXHIBIT "B" WORK LETTER AGREEMENT THIS WORK LETTER AGREEMENT (the "Agreement") supplements that certain Indefinite Term Lease for Land ("Lease") dated July 1, 2014 by and between Columbia Basin Railroad, a Washington corporation ("Lessor") and City of Moses Lake, a Washington municipal corporation ("Lessee"). In the event of any conflict between the provisions of this Agreement and the provisions of the Lease, the provisions of this Agreement shall control. Unless the context otherwise requires, capitalized terms not defined herein shall have the meaning assigned to such terms in the Lease. In the event Lessee uses one or more general contractors or subcontractors ("Contractor(s)") for any improvements, alterations, build out, finish out, or other similar work on the Premises ("Work"), Lessee agrees to and accepts the following : 1. Prior to performing any Work, Lessee shall obtain Lessor's approval of each Contractor and any Work to be performed by such Contractor shall be performed pursuant to a written contract between Lessee and the Contractor ('Work Contract") approved in advance by Lessor. 2. Prior to commencing any Work, Lessee shall submit for Lessor's review and approval Lessee's plans, specifications and/or drawings for such Work (collectively, "Plans") in accordance with the procedure set forth in the Lease. 3. All Work must be performed at Lessee's sole cost and expense and in accordance with the Plans which have previously been approved by Lessor. 4. Lessee shall cause its Contractors to meet all insurance and indemnification requirements required of Lessee under the Lease and shall obtain indemnification and insurance provisions from its Contractors in favor of Lessor and in the same form as set forth in the Lease. 5. Prior to the commencement of the Work, all required local building, fire, health and other departments must approve all Plans requiring approval by local building codes. In addition, the Work shall be performed, installed and/or constructed in accordance with all applicable federal, state and local laws, codes, ordinances, rules and regulations, including without limitation, the Americans With Disabilities Act of 1990, 42 U.S.C.A. 12101 et seq . 6. Lessee shall be responsible for obtaining all municipal and other governmental licenses or permits for the Work with copies furnished to Lessor prior to commencement of any construction. 7. Lessee shall furnish Lessor, for Lessor's approval, a copy of its schedule of the Work. Lessee shall perform the Work in accordance with the schedule approved by Lessor, and any changes in such schedule must be approved by Lessor in writing in advance. 8. Notwithstanding the status of the completion of the Work, Lessee's obligation for payment of Base Rent and other amounts due under the Lease shall commence on the Commencement Date provided in the Lease. Notwithstanding anything herein to the contrary, Lessor may, in Lessor's sole discretion, permit Lessee and Lessee's Contractors to enter the Premises prior to the Commencement Date in order to commence Work; provided, however, that Lessee agrees that such early entry or occupation of the Premises shall be governed by all of the terms and conditions of the Lease and this Agreement (including the insurance 18 Contract No. 524949 and indemnity requirements therein), as such terms and conditions are more specifically set forth in the Lease and this Agreement. 9. During construction, Lessor reserves the right to inspect the Work at any time upon reasonable notice to Lessee. 10. Lessee's Contractors shall keep the Premises reasonably clean at all times during the performance of the Work. 11. All Work must be performed in a good and workmanlike manner, free from defects in materials and workmanship. 12. If any materialman's, mechanic's, laborer's or any other liens for any work claimed to have been undertaken for Lessee or at Lessee's request is filed against the Premises, Lessee shall indemnify, defend and hold harmless Lessor from any such liens filed during the term of the Lease and shall, at Lessee's own expense, cause all such liens to be removed within ten (10) days after written notice from Lessor to Lessee of the filing thereof. 13. Lessee must obtain Lessor's reasonable approval that the Work has been completed in substantial accordance with the approved plans and specifications. Lessor shall receive copies of all Certificates of Occupancy and as-built drawings (electrical, mechanical, fire and architectural) prior to approving the Work. 14 All guarantees and warranties provided by Lessee's Contractors shall be issued to Lessee and, for Work which is or will at the termination of this Lease be Lessor's property, also to Lessor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first set forth above. LESSOR Columbia Basin Railroad Company By: Name: Nicholas B. Temple Title: President LESSEE City of Moses Lake 19 Neppel Park Inventory Buildings & Structures 1. Memorial Flag Post w/Lighting 2. Neppel Park Sign 3. Boster Memorial Tree Plaque 4. Dock 5. Kayak Rack 6. Fish Play Art Sculpture 7. Picnic Shelter w/ 2 Concrete Tables & 4 Concrete Benches 8. Neppel Landing Dedication Pedestal & Plaque 9. Bicycle Rack 10. Campbell Memorial Tree Plaque 11. Gabriels Whisper Art Sculpture Piece #1 12. Gabriels Whisper Art Sculpture Piece #2 13. Judy Hansen Memorial Bench 14. Hansen Memorial Tree Plaque 15. Irrigation Mainline Electrical Vault 16. Fox Trot Art Sculpture 17. Informational Kiosk w/Bench 18. Bound Art Sculpture 19. (4) Metal & Wood Benches 20. Metal & Plastic Bench 21. (5) Black Metal Benches 22. (2) Black Round Metal Garbage Can Holders 23. (3) Picnic Tables 6' x 8' 1' x 5'6" 2' x 2' 8' x 24' 8' x 10' 3' x 3' 12' x 14' 4' x 4' 6' x 3' 3' x 3' 3' x 4' 2' x S' 6' x 14' 3' x 5' 3' x 3' 4' x 8' 10' x 20' 4' x 8' 2' x 8' 2' x8' 2' x 6' 3' 4' x 8' Exhibit C January 8, 2014 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: December Building Activity Report Please see the attached building activity report for the month of December 2014. Also included is the building activity for the 2014 year to date. The following are highlights of the attached report: 1. 2. 3. 4. Building permits revenue generated for the month of December: Building permits revenue generated for the year to date: Building permits estimated valuation for the month of December: Building permits estimated valuation for the year to date: $31,028 $706,623 $2,007,471 $80, 153,557 For the purpose of comparing December 2014 building activity numbers to December 2013 and December 2012 building activity numbers, the following 2013 and 2012 highlights are provided: 2013 5. 6. 7. 8. Building permits revenue generated for the month of December: Building permits revenue generated for the year to date: Building permits estimated valuation for the month of December: Building permits estimated valuation for the year to date: 2012 9. 10. 11. 12. Building permits revenue generated for the month of December: Building permits revenue generated for the year to date: Building permits estimated valuation for the month of December: Building permits estimated valuation for the year to date: $26,701 $482,433 $1,876,334 $55,171,685 $12,964 $415,206 $1,193,497 $33,277,201 January 2, 2015 TO: Community Development Director FROM: Planning and BuiJding Technician SUBJECT: December Building Activity Report Atiached is the December 2014 building permit statistics for your inf01mation. December 2013 and 2012 is attached for comparison. Please call me at Extension #3756 with any questions. cc: City Manager Building Official Municipal Services Director County Assessor File *XBPRPTl u C I T Y 0 F M 0 S E S L A K E B U I L D I N G D E P A R T M E N T \._) PAGE: 1 RUN BY: kwoodworth ISSUED BUILDING PERMIT STATISTICS DATE: FRI, JAN 2, 2015, 8:28 AM FROM: 12/01/2014 TO: 12/31/2014 =========================================================================================~========================================= DESCRIPTION # OF PERMITS ISSUED 12/2014 # OF PERMITS ISSUED YTD 12/31/2014 ESTIMATED VALUATION 12/2014 ESTIMATED VALUATION YTD 12/31/2014 =======================================:=========================================================================================== A434 RESIDENTIAL ADD AND ALT 2 49 7,800 948,038 A437 NONRESIDENTIAL ADD AND 4 53 37,160 2,871,443 C318 AMUSEMENT, SOCIAL & REC 0 1 0 2,383,554 C320 INDUSTRIAL 0 7 0 42,245,875 C323 HOSPITALS & INSTITUTION 0 3 0 201,372 C324 OFFICE, BANKS & PROFESS 0 6 0 3,406,817 C326 SCHOOLS & OTHER EDUCATI 0 1 0 1,699,840 C327 STORES & CUSTOMER SERVI 1 10 0 4,134,895 C328 OTHER NONRESIDENTIAL BU 0 3 0 1,051,160 C438 GARAGES & CARPORTS COMM 0 2 0 58,424 0102 DEMOLISH SFD ATTACHED 0 1 0 0 D319 DEMOLISH CHURCH, OTHER 0 1 0 0 D327 DEMOLISH STORES & CUSTO 0 1 0 0 M329 STRUCTURES OTHER THAN B 2 85 16,500 1,931,047 M801 MECHANICAL COMMERCIAL 2 24 0 0 M802 MECHANICAL RESIDENTIAL 4 19 0 0 M901 PLUMBING COMMERICAL 1 11 0 6,000 M902 PLUMBING RESIDENTIAL 3 44 0 0 RlOl SINGLE FAMILY-DETATCHED 0 34 0 0 R102 SINGLE-FAMILY ATTACHED 11 86 1,936,051 15,009,646 R103 TWO FAMILY BUILDINGS 0 5 0 1,356,858 Rl04 THREE & FOUR FAMILY BUI 0 6 0 2,754,098 R438 GARAGES & CARPORTS RESI 1 7 9,960 94,490 =========================;========================================================================================================= PERMIT TOTALS : 31 459 2,007,471 80,153,55? =================================================================================================================================== *XBP({PTl u RUN BY : kwoodworth C I T Y 0 F M 0 S E S L A K E u BUILDING DEPARTMENT ISSUED BUILDING PERMIT STATISTICS FROM: 12/01/2013 TO: 12/31/2013 PAGE: 1 DATE: MON, JAN 6, 2014 , 10:03 AM =================================================================================================================================== DESCRIPTION # OF PERMITS ISSUED 12/2013 # OF PERMITS ISSUED YTD 12/31/2013 ESTIMATED VALUATION 12/2013 ESTIMATED VALUATION YTD 12/31/2013 =================================================================================================================================== A434 RESIDENTIAL ADD AND ALT 2 31 127' 726 485,877 A437 NONRESIDENTIAL ADD AND 3 57 508,795 1,374,839 C320 INDUSTRIAL 0 10 0 24,461,443 C323 HOSPITALS & INSTITUTION 0 1 0 442,000 C324 OFFICE, BANKS & PROFESS 0 2 0 250,000 C326 SCHOOLS & OTHER EDUCATI 0 2 0 7,896,096 C327 STORES & CUSTOMER SERVI 0 7 0 1,586,073 C328 OTHER NONRESIDENTIAL BU 0 1 0 17,581 C438 GARAGES & CARPORTS COMM 0 1 0 2,283 D102 DEMOLISH SPD ATTACHED 0 3 0 0 0324 DEMOLISH OFFICE,BANX,PR 0 1 0 0 0327 DEMOLISH STORES & CUSTO 0 1 0 0 0328 DEMOLISH OTHER NON-RESI 0 1 0 0 M329 STRUCTURES OTHER THAN B 4 82 29,524 693,347 M801 MECHANICAL COMMERCIAL 1 22 0 0 M802 MECHANICAL RESIDENTIAL 0 16 0 0 M901 PLUMBING COMMERICAL l 15 0 0 M902 PLUMBING RESIDENTIAL 0 47 0 60 RlOl SINGLE FAMILY-DBTATCHED 0 18 0 40,980 Rl02 SINGLE-FAMILY ATTACHED 6 78 1,190,814 14,019,994 Rl03 TWO FAMILY BUILDINGS 0 2 0 484 , 789 Rl04 THREE & FOUR FAMILY BUI 0 7 0 3,358,229 R438 GARAGES & CARPORTS RES! l 5 19, 475 58,094 =======================================================================================================c=========================== PERMIT TOTALS: 18 410 1,876,334 55,171,685 =================================================================================================================================== *XBPRPTl ' u C I T Y 0 F M 0 S E S L A K E u PAGE: BUILDING D E P A R T M E N T RUN BY: kwoodworth ISSUED BUILDING PERMIT STATISTICS DATE: WED, JAN 2, 2013, 8:18 AM FROM: 12/01/2012 TO: 12/31/2012 DESCRIPTION # OF PERMITS # OF PERMITS ESTIMATED ESTIMATED ISSUED ISSUED YTD VALUATION VALUATION YTD 12/2012 12/31/2012 12/2012 12/31/2012 A434 RESIDENTIAL ADD AND ALT 2 35 15, 264 346,230 A437 NONRESIDENTIAL ADD AND 6 37 403, 680 1,186,693 C318 AMUSEMENT, SOCIAL & REC 0 3 0 19,422 C319 CHURCHES & arHER RELIGI 0 1 0 75,000 C320 INOOSTRIAL 0 11 0 7,609,405 C321 PARKING GARAGES(BLDGS & 0 1 0 5,315,208 C324 OFFICE, BANKS & PROFESS 1 1 483,383 483,383 C325 PUBLIC WORKS & UTILITIE 0 2 0 290,000 C326 SCHOOLS & arHER EDUCATI 0 1 0 73,030 C327 STORES & CUSTOMER SERVI 0 8 0 2,410,239 C328 arHER NONRESIDENTIAL BU 0 4 0 52,501 C438 GARAGES & CARPORTS COMM 0 1 0 145,056 0324 DEMOLISH OFFICE,BANK,PR 0 1 0 0 M329 STRUCTURES arHER THAN B 3 53 38,305 206,525 M801 MECHANICAL CC*!MERCIAL 0 24 0 0 M802 MECHANICAL RESIDENTIAL 1 16 0 0 M901 PLUMBING CC*!MERICAL 1 14 0 0 M902 PLUMBING RESIDENTIAL 3 108 0 8, 750 RlOl SINGLE FAMILY-DETATCHED 1 21 67,607 78,563 Rl02 SINGLE-FAMILY ATTACHED 1 81 185,258 13,947,459 R104 THREE & FOUR FAMILY BUI 0 2 0 959,494 R438 GARAGES & CARPORTS RES! 0 6 0 70,243 PERMIT TarALS : 19 431 1,193,497 33,277,201 *XBPMTH2 u C I T Y 0 F M 0 S E S L A K E PAGE : l BUILDING DEPARTMENTU RUN BY: kwoodworth MONTHLY BUILDING PERMIT APPLICATIONS DATE: 01/02/2015 FROM: 12/01/2014 TO: 12/31/2014 ::;:::===================================~===============================================================~c======================== PERMIT PERMIT ESTIMATED REVIEW-FEES STATE-FEES PERMIT FEES APPLICATION NUMBER TYPE VALUATION CHARGED CHARGED CHARGED DATE ----------------------------------------------------------------------------------------------------------------------------------- 20140452 A434 2,800 .00 4.50 89.75 12/01/2014 20140453 A437 182,080 .00 4.50 1,465.05 12/01/2014 20140454 Rl02 139,683 795.76 4.50 1,433.25 12/01/2014 20140455 M801 .00 .00 34.00 12/02/2014 20140456 R102 203,887 1,028. 72 4.50 1,814.15 12/01/2014 20140457 R102 173,468 150.00 4.50 1,620.15 12/02/2014 20140458 R102 173,468 150.00 4.50 1,620.15 12/02/2014 20140459 C320 3,200,000 8,869.41 4.50 13,645.25 12/03/2014 20140460 R102 299,507 1,378.16 4.50 2,343.25 12/04/2014 20140461 A437 .00 .00 60.00 12/04/2014 20140462 M802 .00 .00 44.50 12/04/2014 20140463 M902 .00 .00 27.00 12/05/2014 20140464 M902 .00 .00 35.00 12/05/2014 20140465 M329 1,500 .00 4.50 60.50 12/08/2014 20140466 A437 .00 4.50 75.00 12/08/2014 20140467 Rl02 194,819 995.96 4.50 1,748.25 12/09/2014 20140468 R102 152,383 150. 00 4.50 l, 511. 05 12/09/2014 20140469 R102 152,383 150.00 4.50 1,511.05 12/09/2014 20140470 A434 5,000 .00 4.50 117. 75 12/09/2014 20140471 A437 5,595 .00 4.50 131.75 12/12/2014 20140472 M801 .00 .00 34.00 12/15/2014 20140473 M901 .00 .00 34.00 12/17/2014 20140474 A437 7,500 103.83 4.50 159.75 12/18/2014 20140475 M802 .00 .00 34.00 12/19/2014 20140476 M802 .00 .00 49.50 12/19/2014 20140477 R102 185, 258 150.00 4.50 1,730.85 12/23/2014 20140478 R102 120,450 150.00 4.50 1,316.35 12/15/2014 20140479 M801 .00 .00 39.00 12/23/2014 20140480 M902 .00 .00 35.00 12/30/2014 =================================================================================================================================== REPORT TOTALS: 5,199,781 14,071.84 8l.OO 32,819 .30 ======================~=~======================================================~=================================================== TOTAL FEES CHARGED: 46,972.14 ******************************************* *XBPSTAT2 C I T Y 0 F M 0 S E S L A K E PAGE: 1 u B U I L D I N G DEPARTMENTU RUN BY: kwoodworth APPLICATION STATUS DATE: 01/02/2015 PROM: 12/01/2014 TO: 12/31/2014 =================================================================================================================================== PERMIT PERMIT SERVICE APPLICATION ISSUE NUMBER TYPE ADDRESS DATE DATE ----------------------------------------------------------------------------------------------------------------------------------- 20140452 A434 2211 LAKESIDE DR 12/01/2014 12/02/2014 20140453 A437 935 VALLEY RD 12/01/2014 I I 20140454 Rl02 123 NINTH AVE 12/01/2014 12/08/2014 20140455 M801 705 PIONEER WAY 12/02/2014 12/02/2014 20140456 Rl02 1612 BEAUMONT DR 12/01/2014 12/31/2014 20140457 R102 818 BLESSING ST 12/02/2014 12/05/2014 20140458 R102 801 BLESSING ST 12/02/2014 12/05/2014 20140459 C320 RANDOLPH/PATTON 12/03/2014 I I 20140460 Rl02 113 MARQUIS AVE 12/04/2014 12/05/2014 20140461 A437 8396 DOOLITTLE DR N 12/04/2014 12/04/2014 20140462 M802 730 KENNEDY PL 12/04/2014 12/04/2014 20140463 M902 223 SYBEL ST 12/05/2014 12/05/2014 20140464 M902 4301 MILLER ST 12/05/2014 12/05/2014 20140465 M329 713 STRATFORD RD 12/08/2014 12/24/2014 20140466 A437 713 STRATFORD RD 12/08/2014 12/08/2014 20140467 Rl02 1300 MARINA DR 12/09/2014 I I 20140468 Rl02 4511 WESLEY PL 12/09/2014 12/17/2014 20140469 Rl02 4504 WESLEY PL 12/09/2014 12/17/2014 201404 70 A434 1804 MARINA DR 12/09/2014 12/09/2014 20140471 A437 2441 MAIERS RD 12/12/2014 12/12/2014 20140472 MBOl 1442 PIONEER WAY 12/15/2014 I I 20140473 M901 713 STRATFORD RD 12/17/2014 12/17/2014 20140474 A437 1790 KITTLESON RD 12/18/2014 I I 20140475 M802 634 CRBSTVIl!W DR 12/19/2014 12/15/2014 20140476 M802 2034 CRBSTMONT DR 12/19/2014 12/15/2014 20140477 Rl02 4608 Pl!NINSULA DR 12/23/2014 12/30/2014 20140478 Rl02 809 BLESSING ST 12/15/2014 12/30/2014 20140479 M801 217 LASCO LN 12/23/2014 12/23/2014 20140480 M902 524 LOOP DR 12/30/2014 12/30/2014 Building Permit Fees 2014 Over YTD January February March April May June July August September October November December Budget (Under) Build., Struct. & Equip. 472,501.67 26,096.35 20.583.05 13,925.26 43,776.73 138,369.50 21,288.20 27,353.15 52,445.85 26,337.14 56,184.37 29,082.92 17,059.15 240,000.00 232.501.67 Plan Checking Fees 234,021.94 9,920,48 10,165.02 5,116.73 17,509.00 77,649,37 12,596.79 7,612.76 21 ,347.27 13,074.72 40,284.18 4,776.58 13,969.04 75,000.00 159,021.94 Total 706,523.61 36,016.83 30,748.07 19,041.99 61,285.73 216,018.87 33,884.99 34,965.91 73,793.12 39,411.86 96,468.55 33,859.50 31,028.19 315,000.00 391,523.61 2013 Over YTD January February March April May June July August September October November December Budget (Under) Build., Struct. & Equip. 380,287.21 12,421.85 5,378.95 27,659.65 21.085.32 31 ,956.56 15,794.73 35.913.25 14,509.50 23,209.45 59,877.45 111.595.15 20,885.35 230,000.00 150.287.21 Plan Checking Fees 102.146.63 3,774.24 2,593.90 4.757.01 7.081.98 4,353.01 14,338.40 5.038.31 8.730.59 6,879.73 30,986.10 7,797.63 5,815.73 75,000.00 27.146.63 Total 482,433.84 16,196.09 7,972.85 32,416.66 28,167.30 36,309.57 30,133.13 40,951.56 23,240.09 30,089.18 90,863.55 119,392.78 26,701.08 305,000.00 177,433.84 2012 Over YTD January February March April May June July August September October November December Budget (Under) Build., Struct. & Equip. 319,218.25 1.130.40 8.233.40 18,798.95 11.101.35 22.155.50 23,465.15 24.658.90 70,791.95 32,467.18 65.593.64 29,309.75 11 ,512.08 275,000.00 44,218.25 Plan Checking Fees 95.988.16 35.36 720.02 3.428.29 1,719.87 4,663.26 22.746.88 7.480.46 9.297.58 5,976.55 33.687.68 4,779.80 1,452.41 85,000.00 10,988.16 Total 415,206.41 1,165.76 8,953.42 22,227.24 12,821.22 26,818.76 46,212.03 32,139.36 80,089.53 38,443.73 99,281.32 34,089.55 12,964.49 360,000.00 55,206.41 2011 Over YTD January February March April May June July August September October November December Budget (Under) Build., Struct. & Equip. 222,114.90 18.336.45 15.519.95 26,936.21 21,968.40 13,566.55 38,552.75 12,985.60 13,571.68 15,331.15 19,583.81 9,674.10 16,088.25 300,000.00 -77,885.10 Plan Checking Fees 73,099.03 4,124.46 8,790.29 9,482.98 6,588.61 5,571.29 10,092.66 3,893.82 2,824.60 11,380.84 8,954.85 1,394.63 0.00 80,000.00 -6,900.97 Total 295,213.93 22,460.91 24,310.24 36,419.19 28,557.01 __ 19,137.84 __ 48,645.41 _ 16,879.42 16,396.28 26,711.99 28,538.66 11 ,068.73 16,088.25 380,000.00 -84,786.07 Files\Building Permit Check 115/2015 9:01 AM January 7, 2015 TO: SUBJECT: City Manager for Council Consideration Finance Director ~~ Ambulance Cash Report for December FROM: Please find the attached Cash Ambulance Report for the month ending December 31, 2014. Cc: Fire Chief REVENUE Collected on ALS/BLS/mileage prior adjustments Utility charge State grant -Stay at work State grant -EMS Reimbursement from police Reimbursement from fire Emergency Aid fees misc closure of debt service cash from operations EXPENDITURE labor benfits supplies services/repairs transfds {previously 09xx) capital purchases interest total expenditures Net income (loss) before contrib. contribution from general fund net income (loss) Cash position normal account reconcile to deposit change in cash from prior mnth SAAS billed JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV 82,370.41 96,096.47 95,030.05 108,506.26 144,605.52 134,974.69 98,488.92 128,996.97 105,845.69 107,891.85 100,701.02 80,607.91 11,048.76 898.82 22,150.58 87.26 69,169.30 79,247.68 75,807.51 77,187.52 1,649.81 7,240.96 7,467.88 1,473.00 10,668.25 278.00 44.86 8,332.50 75,840.42 6,672.81 78,722.74 74,557.39 10,107.47 2,069.36 10,585.12 818.40 (278.00) 77,069.36 81,422.03 94,498.52 4,779.18 13,571.77 6,535.15 6,400.00 174,027.08 173,405.55 205,546.00 196,820.28 230,170.40 217,487.92 187,319.13 216,749.24 187,694.23 209,285.65 201,734.69 154,481.74 45,583.23 3,270.14 22,146.74 33,850.00 259,331.85 93,661.02 39,660.90 5,425.04 24,390.21 33,855.00 196,992.17 103,067.11 40,762.36 4,989.53 25,706.71 33,855.00 208,380.71 104,461.15 40,471.12 6,072.06 29,551.96 33,855.00 1,014.95 215,426.24 103,173.15 40,567.91 5,259.76 25,510.32 33,855.00 208,366.14 (85,304.77) (23,586.62) (2,834.71) (18,605.96) 21,804.26 22,982.00 22,980.00 22,982.00 22,982.00 22,982.00 (62,324.77) 195,958.44 84,168.87 280,127.31 (604.62) 20,147.29 179,802.59 98,793.75 278,596.34 174,148.89 97,657.02 271,805.91 4,376.04 44, 786.26 140,405.08 148,482.10 111,298.15 146,522.98 251,703.23 295,005.08 (62,425.99) (1,530.97) (6, 790.43) (20,102.68) 43,301.85 222 193 221 203 257 233 237 214 262 228 106,885.86 39,745.06 4,516.66 30,754.74 33,855.00 215,757.32 129,236.39 40,652.46 5,685.31 27,460.95 33,855.00 236,890.11 182,308.73 43,488.70 5,999.50 35,775.11 33,855.00 811.96 302,239.00 1,730.60 (49,570.98) (85,489.76) 22,982.00 22,982.00 22,982.00 97,976.47 36,071.79 4,145.15 21,879.77 33,855.00 193,928.18 (6,233.95) 22,982.00 24,712.60 (26,588.98) (62,507.76) 16,748.05 180,172.41 105,210.29 285,382.70 124,180.54 102,863.12 227,043.66 60,649.17 95,174.82 155,823.99 104,257.32 108,052.75 212,310.07 98,409.83 38,710.74 6,327.14 30,273.56 33,855.00 207,576.27 1,709.38 0.0 1,709.38 82,889.51 82,342.50 165,232.01 95,069.38 36,227.01 6,940.02 27,113.11 33,855.00 1,000.00 200,204.52 1,530.17 0.0 1,530.17 80,300.66 102,175.47 182,476.13 (9,622.38) (58,339.04) (71,219.67) 56,486.08 (47,078.06) 17,244.12 241 230 233 246 269 241 219 205 264 240 257 186 2014 difference DECEMBER Y-T-D 144,315.16 $ 1,347,823.01 109,423.22 14,058.97 23,136.66 973,553.60 1,649.81 1,473.00 2,114.22 111,068.82 6,400.00 267,797.35 $ 2,468,037.52 90,814.63 $ 35,950.88 6,558.48 31,530.53 3,811.96 168,666.48 $ 99,130.87 0.0 1,359,545.46 477,892.16 65,188.79 332,093.71 372,400.00 6,638.87 2,613,758.99 (145,721.47) 206,836.00 99,130.87 $ 61,114.53 9,192.57 144,315.16 153,507.73 (28,968.40) 9,192.57 144,315.16 153,507.73 2,682 2,419 from prior yr 8,281.53 79,402.76 441.81 (127.33) (38,246.58) 3,940.00 79,120.25 66,762.72 12,739.37 13,465.87 69,251.80 (78,809.00) (27,899.81) (299.87) 55,211.08 23,909.17 (45,964.00) (22,054.83) (189,045.57) 257.00 349