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03102015 Part 1Todd Voth Jason Avila Jon Lane MOSES LAKE CITY COUNCIL Dick Deane Mayor MOSES LAKE Joseph K. Gavinski City Manager David Curnel Karen Liebrecht Bill Ecret March 10, 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 AW ARDS A. Employees of the Year -ML Police Department 5. CONSENT AGENDA A. Approval of Minutes -February 24, 2015 B. Approval of Bills and Checks Issued C. Resolution -Accept Easement -Estate of Joan Nichols 6. COMMISSION APPOINTMENTS -None 7. CONSIDERATION OF BIDS AND QUOTES A. Crack Seal Project -2015 8. PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS A. Communications -Request Interlocal Agreement-GC Fairgrounds Wastewater - GC Commissioners B. Communications -GC Fairgrounds Wastewater -Jon Smith 9. ORDINANCES AND RESOLUTIONS A. Ordinance -Repeal MLMC 6.05 Animal Control and Adopt New MLMC Title 6 - 1st Reading B. Ordinance -Amend MLMC 17.12 -Major Subdivisions -!51 Reading C. Ordinance -Create MLMC 18.53 Vacation Rental Dwellings -151 Reading D. Ordinance -Hansen Zone Change -1st Reading E. Resolution -Accept Donation 51 Bicycles & Helmets -ML Police Department F. Resolution -Nuisance Abatement Costs -2003 Beaumont -Markova Living Trust 10. REQUEST TO CALL FOR BIDS A. Larson Water Improvement Project-2015 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 Page 2 -Moses Lake City Council meeting, March 10, 2015 11. REFERRALS FROM COMMISSIONS A. Craig's 1st Short Plat -Deferral Request 12. OTHER ITEMS FOR COUNCIL CONSIDERATION A. Authorization to Execute Agreement -Western Fireworks Display 13. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS 14. COUNCIL QUESTIONS AND COMMENTS 15. CITY MANAGER REPORTS AND COMMENTS A. Standard & Poor's Ratings -Water & Sewer Revenue Bonds B. Staff Reports 1. Ambulance Cash Report for February 2. Building Activity Report 3. Projects Update 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 February 24, 2015 DRAFT Council Present Dick Deane, Bill Ecret, Karen Liebrecht, Jon Lane, David Curnel, and Todd Voth Absent: Jason Avila The meeting was called to order at 7 p.m. by Mayor Deane. PLEDGE OF ALLEGIANCE: Judy Thompson, Administrative Secretary, led the Council in the flag salute. PRESENTATION AND AWARDS -None CONSENT AGENDA Minutes: The minutes of the February 10 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 February 24, 2015 the Council does approve for payment claims in the amount of $192,695.13; prepaid claims in the amounts of $71 ,417.66 and $29,668.48; claim checks in the amount of $1 ,596,694.35; and payroll in the amount of $304,282.98. Resolution -Accept Easement-Mancilla: A resolution was presented which accepts an easement from Ruben and Maria Mancilla for municipal purposes as part of the Stratford Road Sidewalk project. Resolution -Accept Easement -Moses Lake Travel Plaza, LLC: A resolution was presented which accepts an easement from Moses Lake Travel Plaza LLC for municipal purposes to access existing and future fire hydrants, on-site water meters and electronic reading devices, and sewer meters on Parcels 4 and 5 of the Composite Moses Lake Travel Plaza Major Plat Commercial Binding Site Plan. Resolution -Abandon Easements -The Greens Phase 1 A Major Plat: A resolution was presented which provides for the abandonment of 3' of the easements located in Lots 4, 8, 12, 13, and 22 and across the alleys between Lots 4 and 8 and 13 and 22 in the Greens Phase 1 A Major Plat. Accept Work -Clover Drive Lift Station: POW Contracting, Inc. has completed work on the 2014 Clover Drive Lift Station Project. The work should be accepted and the 60 day lien period entered into. Dress Preliminary Major Plat and Findings of Fact: The Dress Trust has submitted an application to plat 19.38 acres into three lots. The site is located west of SR-17 and east of Clover Drive. The area is zoned C-2, General Commercial and Business, which corresponds with the Comprehensive Plan Land Use Designation of General Commercial. The Planning Commission recommended that the preliminary plat be approved with conditions. The Council's approval of this decision incorporates and adopts the Findings, Conclusion and Decision of the Planning Commission. Action Taken: Mr. Lane moved that the Consent Agenda be approved, seconded by Dr. Curnel, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES -None PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS -None ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 18.81 -AMENDMENTS AND ZONE CHANGES -2N° READING An ord inance was presented which brings Chapter 18.81 , Amendments and Zone Changes, into compliance with state law and the current operations of the Community Development Department. City Council Minutes: 2 February 24, 2015 The ordinance amending Chapter 18.81 of the Moses Lake Municipal Code entitled "Amendments and Zone Changes" was read by title only. Action Taken: Mr. Ecret moved thatthe second reading of the ordinance be adopted, seconded by Dr. Curnel, and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION DRIVEWAY DEVIATION -MORGAN MAJOR PLAT Del Green, Columbia Northwest Engineering, requested a deviation to the driveway standards to allow a driveway to be placed within 1 O' of the north property line of the Morgan Major Plat located at the intersection of Grape Drive and Valley Road. Andrew Brand, Director of Real Estate Development for Evergreen Housing Development Group, the developer of the project, stated that the request is to extend an existing driveway on Grape Drive to provide an additional access to the site for emergency responders. Action Taken: Mr. Voth moved thatthe deviation be granted, seconded by Mr. Lane, and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS HANSEN -SEWER Gilbert Alvarado, Community Development Director, stated that Mick Hansen is proposing to plat a 40 acre parcel of property located on the south side of 1-90 across from the Moses Lake Golf Course and Country Club. The City does not have sewer and water to this property and extending those services is not anticipated within the next 5 years. The Council previously granted a request to build on unplatted property without the requirement to plat. The property is now being platted and the platting process requires that plats be served with City sewer. Since sewer is not available, the developer is requesting a change to the Municipal Code to allow an exception to the requirement to serve new plats with City sewer. Mick Hansen, owner of the property, stated that he would like to divide the property for sale but to do that the property has to be platted and the platting process requires that the property be served with City sewer. He pointed out that the property will probably never receive City services since it is adjacent to the 1-90 clover leaf and is surrounded by government owned property. It was the consensus of the Council that staff draft an amend the language in the wastewater regulations that will permit this project to proceed. COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS -None The regular meeting was recessed at 7:25 p.m. and the Council met in a 30 minute executive session with the City Attorney to discuss litigation. The executive session was adjourned at 7:55 p.m. and the regular meeting was reconvened. The regular meeting was adjourned at 7:55 p.m. ATTEST Dick Deane, Mayor W. Robert Taylor, Finance Director DATE 3/05/15 TIME 14:12:08 C I T Y 0 F M 0 S E S L A K E T A 8 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 03/10/2015 Expenditure Account PAGE 1 XAPPRVD NAME OF VENDOR Department VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 2M COMPANY INC 00004450 0000072787 385 .86 MISC SUPPLIES 0000072787 22.94 MISC SUPPLIES 0000072787 19 .61 MISC SUPPLIES ====================== TOTAL: 428.41 ACE HARDWARE 00006538 0000072843 107.15 MISC SUPPLIES 0000072606 18.17 MISC SUPPLIES 0000072786 30.61 PEAT MOSS, LATCH 0000072786 14.02 PEAT MOSS, LATCH ====================== TOTAL: 169.95 AMERICAN LINEN 00004927 0000072760 308.43 LINEN SERVICE ====================== TOTAL: 308.43 CASCADE ANALYTICAL INC 00005014 0000072797 493 .68 SAMPLE TESTING 0000072797 1,041.00 SAMPLE TESTING ====================== TOTAL: 1,534.68 CENTRAL WASHINGTON CONCRETE 00003603 0000072716 1,100.00 MISC SUPPLIES 0000072716 436.98 MISC SUPPLIES 0000072799 642 .55 CONCRETE ====================== TOTAL: 2,179.53 CINTAS CORPORATION LOC 607 00000271 0000072800 20.28 SHOP TOWELS 0000072800 20.28 SHOP TOWELS 0000072800 291.48 SHOP TOWELS ====================== TOTAL: 332.04 CSWW, INC dba NO 40 OUTFITTERS 00001701 0000072602 121. 72 MISC SUPPLIES DATE 3/05/15 TIME 14:12:08 CITY OF MOSES LAKE PAGE 2 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 03/10/2015 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= FERGUSON ENTERPRISES INC #3007 00005482 INLAND PIPE & SUPPLY COMPANY 00003727 LAD IRRIGATION COMPANY INC 00001101 LAKE AUTO PARTS 00001102 LEE CREIGLOW CBO 00005899 LES SCHWAB TIRE CENTER 00003519 NORCO ENTERPRISES INC 00006590 PENHALLURICKS EXPRESS BUILDING 00006579 PLATT ELECTRIC COMPANY 00001549 0000072821 46.37 0000072821 75.52 0000072821 419.88 ====================== TOTAL: 663.49 0000072803 264.02 ====================== TOTAL: 264.02 0000072714 48.70 0000072811 37.07 ====================== TOTAL: 85.77 0000072817 135.34 ====================== TOTAL: 0000072818 0000072818 TOTAL: 0000072781 0000072781 135. 34 39.65 1,415.93 1,455.58 4,140 .00 405.00 ====================== TOTAL: 4,545.00 0000072 816 18 .34 ====================== TOTAL: 18.34 0000072820 13. 75 ====================== TOTAL: 13. 75 0000072607 63.95 0000072727 284.70 TOTAL: 348.65 0000072751 27.77 MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES TANK COVER APOLLO VALVE MISC SUPPLIES MISC SUPPLIES PROF SERV-BLDG & FIRE PROF SERV-BLDG & FIRE FLAT REPAIR GLOVES MISC SUPPLIES MISC SUPPLIES DATE 3/05/15 TIME 14:12:08 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 03/10/2015 Expenditure Account PAGE 3 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= PLATT ELECTRIC COMPANY 00001549 0000072826 8.80 MISC SUPPLIES 0000072826 84 .11 MISC SUPPLIES 0000072826 26 .90 MISC SUPPLIES 0000072826 136.49 MISC SUPPLIES 0000072826 149.06 MISC SUPPLIES ====================== TOTAL: 433 .13 RATHBONE SALES INC 00005021 0000072827 97.27 ELEMENTS ====================== TOTAL: 97.2 7 WESTERN PETERBILT INC 00006802 0000072870 2,340.69 REPLACE BRAKE SHOES ====================== TOTAL: 2,340.69 ============================= REPORT TOTAL: 15,354.07 DATE THU, MAR 5, 2015, 2:12 PM TIME 14 :12:09 TOTALS BY FUND FUND NO 000 103 116 410 4 93 498 519 528 C I T Y 0 F M 0 S E S TABULATION OF CLAIMS C 0 U N C I L M E E T I N G FUND NAME GENERAL FUND GRANTS AND DONATIONS STREET WATER/SEWER STORM WATER AMBULANCE FUND EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW L A K E T 0 B E A P P R 0 V E D 0 F 03/10/2015 AMOUNT 6,072.11 721. 68 42.83 3,288.79 556.37 308.43 4, 163. 71 200.15 15,354.07 VEND NO. P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTALS PAGE XAPPRVD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CLAIMS APPROVAL * * * WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE * * OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT * IN THE AMOUNT OF $15,354 .07 THIS lOTH DAY OF MARCH, 2015 * * * * * * COUNCIL MEMBER COUNCIL MEMBER * * * * * COUNCIL MEMBER FINANCE DIRECTOR ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DATE 2/25/15 TIME 13:45:02 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 03/10/2015 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O . Number P.O. Amount Purpose of Purchase ======================================================================================================================= CITY OF MOSES LAKE 00008107 0000072730 22.04 EXCISE TAX 0000072730 9.24 EXCISE TAX 0000072730 12.84 EXCISE TAX 0000072730 1. 70 EXCISE TAX 0000072730 94.46 EXCISE TAX 0000072730 6.60 EXCISE TAX 0000072730 25.46 EXCISE TAX 0000072730 16,687 .84 EXCISE TAX 0000072730 6,902.04 EXCISE TAX 0000072730 2,398.85 EXCISE TAX 0000072730 13,072.26 EXCISE TAX 0000072730 38.82 EXCISE TAX 0000072730 1,028 .38 EXCISE TAX 0000072730 3,402.22 EXCISE TAX 0000072730 222.68 EXCISE TAX ====================== TOTAL: 43,925.43 COLUMBIA BASIN RAILROAD 00008032 0000072717 380.00 UT CROSS LCATE STRFRD S/W 2015 ====================== TOTAL: 380 .00 DAT ABAR 00007974 0000072739 546. 86 MAIL UTILITY BILLS 0000072739 432.39 MAIL UTILITY BILLS 0000072739 243 .03 MAIL UTILITY BILLS 0000072739 80.10 MAIL UTILITY BILLS 0000072739 66 .82 MAIL UTILITY BILLS ====================== TOTAL : 1,369.20 DATE 2/25/15 TIME 13:45:02 NAME OF VENDOR Department C I T Y 0 F M 0 S E S L A K E TABULATION OF CLAIMS COUNCIL MEETING T 0 B E A P P R 0 V E D 0 F 03/10/2015 Expenditure Account PAGE 2 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= REPORT TOTAL: 45,674.63 DATE WED, FEB 25, 2015, 1:45 PM TIME 13 :45:03 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 03/10/2015 TOTALS BY FUND FUND NO 000 103 119 410 490 493 498 517 FUND NAME GENERAL FUND GRANTS AND DONATIONS STREET REPR/RECON WATER/SEWER SANITATION STORM WATER AMBULANCE FUND CENTRAL SERVICES TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW VEND NO. P.O. NO. AMT LISTED CORRECTED AMT CORRECT AMOUNT TO BE PAID AMOUNT 146.88 25 .46 380 .00 26,967 .98 13,315.29 1,147.30 3,469.04 222 .68 45,674 .63 ACTION TO BE TAKEN TOTALS PAGE XAPPRVD ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * C L A I M S A P P R 0 V A L * WE , THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE * * OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT * * IN THE AMOUNT OF $45,674.63 THIS lOTH DAY OF MARCH, 2015 * * * * * * COUNCIL MEMBER COUNCIL MEMBER * * * * * * COUNCIL MEMBER FINANCE DIRECTOR * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DATE 3/06/15 TIME 09:40:09 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 LAKE T 0 B E A P P R 0 V E D 0 F 03/10/2015 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======~================================================================================================================ A T & T MOBILITY 00004826 0000072859 30.65 CELL PHONE SERVICE 0000072859 296. 02 CELL PHONE SERVICE 0000072859 55.93 CELL PHONE SERVICE 0000072859 1,224.94 CELL PHONE SERVICE 0000072859 162.05 CELL PHONE SERVICE 0000072859 30.65 CELL PHONE SERVICE 0000072859 165.84 CELL PHONE SERVICE 0000072859 77.24 CELL PHONE SERVICE 0000072859 42 .53 CELL PHONE SERVICE 0000072859 67.74 CELL PHONE SERVICE 0000072859 41. 58 CELL PHONE SERVICE 0000072859 73.88 CELL PHONE SERVICE ====================== TOTAL: 2,269.05 AFFORDABLE AUTO REPAIR INC 00007734 0000072798 473 .34 REPAIR MANIFOLD HOSE ====================== TOTAL: 473.34 AG WEST DISTRIBUTING CO INC 00006842 0000072785 26.86 COUPLERS , ADAPTERS ====================== TOTAL: 26.86 AMSAN GENERAL SUPPLY 00003053 0000072788 1,417.51 CLEANING SUPPLIES ===================~== TOTAL: 1,417.51 ANNE HENNING 00006009 0000072743 24.78 EARRINGS/BRACELETS ====================== TOTAL: 24.78 ARCADIA PUBLISHING 00003841 0000072719 321.36 MAC RESALE TOTAL: 321.36 ASSOC OF GOVT ACCOUNTANTS 00006143 0000072772 120.00 MEMBERSHIP RENEWALS DATE 3/06/15 TIME 09:40:09 PAGE 2 XAPPRVD C I T Y 0 F M 0 S E S L A K E TABU LATION OF C LAIMS TO BE AP PROVED C 0 U N C I L M E E T I N G 0 F 03/10/2015 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= BADGER METERS INC 00000151 BARBARA HARRIS 00004372 BASIN LOCK & SECURITY 00003714 BATTERY SYSTEMS 00004673 BIG BEND COMMUNITY COLLEGE 00000118 BOUND TREE MEDICAL LLC 00006022 BUD CLARY TOYOTA CHEVROLET 00000150 BUSINESS INTERIORS & EQUIPMENT 00003619 CAROL CROSS 00004253 0000072772 90.00 MEMBERSHIP RENEWALS ====================== TOTAL: 210 .00 0000072789 197 . 4 0 SCREENS, METER REPAIRS ====================== TOTAL: 197 .40 0000072741 30.10 HUMMINGBIRDS ====================== TOTAL: 0000072783 0000072728 30.10 191. 94 318.31 ====================== TOTAL: 510.25 0000072853 70.56 ====================== TOTAL: 70.56 0000072718 150.00 0000072718 50.00 0000072718 100.00 0000072718 150.00 0000072718 100.00 ====================== TOTAL: 550.00 LRC SERVICE CALL/BATTERIES PUSH BUTTON LOCKSET-AIRPORT BATTERIES FLAGGING CLASS FLAGGING CLASS FLAGGING CLASS FLAGGING CLASS FLAGGING CLASS 0000072755 433.45 AMBULANCE SUPPLIES ====================== TOTAL: 433.45 0000072790 303.76 REPAIR SUPPLIES ====================== TOTAL: 303 .76 0000072861 1,110.84 MAINT AGREE/COPIERS ====================== TOTAL: 1,110.84 000007274 7 108.50 METAL ART/SCULPTURE ====================== TOTAL: 108 .50 DATE 3/06/15 TIME 09:40:09 NAME OF VENDOR Department C I T Y 0 F M 0 S E S TABULAT IO N 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 03/10/2015 Expenditure Account PAGE 3 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CAROL HOHN 00006772 CASCADE FIRE CORPORATION 00003644 CEDAR STREET CLEANERS 00004655 CENTRAL COLUMBIA BASIN 00004099 CENTRAL MACHINERY SALES INC 00002779 CENTURYLINK 00001502 00003599 00001502 0000072807 175.00 ====================== TOTAL: 175.00 0000072850 750.04 ====================== TOTAL: 750.04 0000072858 703.46 TOTAL: 703.46 0000072784 1,032.00 ====================== TOTAL: 0000072792 0000072792 TOTAL: 0000072863 0000072863 0000072863 0000072863 0000072863 1,032.00 130.43 336 .11 466.54 192. 92 443.43 175.56 261. 88 121.12 ====================== TOTAL: 0000072774 0000072774 0000072774 0000072774 1,194.91 119 .41 94 .41 53.07 17.49 ====================== TOTAL: 284.38 BUILDING MAINT AIR SAMPLES, TURNOUT REPAIR UNIFORM MAINTENANCE COACHING FEES-AS BASKETBALL SPRAYER, GUTTER BROOMS SPRAYER, GUTTER BROOMS 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 DATE 3/06/15 TIME 09:40:09 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 03/10/2015 Expenditure Account PAGE 4 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 00003599 00001502 CHASE PAYMENTECH-EFT 00004046 CITY OF MOSES LAKE 00008201 00008106 CITY OF SPOKANE 00004155 CODE 4 00005469 0000072773 44.54 ====================== TOTAL: 44.54 . 0000072774 14. 59 ====================== TOTAL: 0000072863 0000072863 0000072863 14.59 42.26 2, 797.83 174.57 ====================== TOTAL: 3,014.66 0000072776 1,120.53 0000072776 885.99 0000072776 497.99 0000072776 164.12 0000072776 136. 91 ====================== TOTAL: 2,805.54 0000072866 45 .20 0000072866 125. 87 0000072866 457 .62 ====================== TOTAL: 0000072770 0000072733 TOTAL : 0000072849 628 .69 3,710.92 1,390.18 5,101.10 31. 03 ====================== TOTAL: 31. 03 0000072846 99.00 ====================== TOTAL: 99.00 TELEPHONE SERVICE WATER SHUT OFF NOTIFICATIONS TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE CREDIT CARD FEES CREDIT CARD FEES CREDIT CARD FEES CREDIT CARD FEES CREDIT CARD FEES WATER SERVICE WATER SERVICE WATER SERVICE RETN PEl LAD IRR WELL 23 2014 RETAINAGE-STORMWATER STOR BLDG EVIDENCE DESTRUCTION REGISTRATION DATE 3/06/15 TIME 09:40:09 C I T Y 0 F M 0 S E S L A K E PAGE 5 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 03/10/2015 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= COLUMBIA BASIN DAILY HERALD 00000210 COLUMBIA BEARING BDI 00000274 COMMERCIAL TIRE 00005968 CONFLUENCE HEALTH 00005069 CONSOLIDATED DISPOSAL SERVICE 00006284 CONSOLIDATED ELECTRIC DIST 00000819 COUNTRY FABRICS 00006265 CROWN PAPER & JANITORIAL 00007120 CSC GENERAL CONTRACTING 00004008 0000072780 0000072867 0000072867 TOTAL: 0000072793 688.94 228.10 228 .10 1,145.14 39.78 ====================== TOTAL: 0000072795 TOTAL: 0000072753 0000072753 0000072753 TOTAL: 0000072857 0000072857 0000072857 39.78 182.56 182.56 104.00 104.00 104.00 312. 00 23.86 19,714.33 17 ,334.50 ====================== TOTAL: 0000072796 0000072796 37,072.69 225.46 42.08 ====================== TOTAL: 267.54 0000072791 207.14 ====================== TOTAL: 207.14 0000072794 470.57 ====================== TOTAL: 470 .57 0000072732 28,609.82 PUBLICATIONS REC PROGRAM ADVERTISING REC PROGRAM ADVERTISING SHEAVE, BELT WHEEL BALANCE DOT/CDL PHYSICALS DOT/CDL PHYSICALS DOT/CDL PHYSICALS GARBAGE SERVICE GARBAGE SERVICE GARBAGE SERVICE MISC SUPPLIES MISC SUPPLIES MATERIAL/CUTTING TABLE CLEANING SUPPLIES 2014 STORMWATER STORAGE BLDG DATE 3/06/15 TIME 09:40:09 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 03/10/2015 Expenditure Account PAGE 6 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= DAT ABAR 00007974 DAY WIRELESS SYSTEMS 00005517 DB SECURE SHRED 00003144 DEPT OF ECOLOGY 00003221 DEPT OF LICENSING 00007895 E F RECOVERY 00007244 EASTERN CASCADE DIST 00006909 FABER INDUSTRIAL SUPPLY 00000501 ====================== TOTAL: 28,609.82 0000072865 263.08 0000072865 160.32 ====================== TOTAL: 423. 40 0000072813 51.26 ====================== TOTAL: 51. 26 0000072868 6.40 0000072868 6.40 0000072868 12. 80 0000072868 12.80 0000072868 12.80 0000072868 4.27 000007286 8 4.27 0000072868 4.26 ====================== TOTAL: 64.00 0000072731 3,132 .50 TOTAL: 3,132.50 0000072801 30.00 ====================== TOTAL: 0000072765 0000072765 30.00 4,988.00 109.76 ====================== TOTAL: 5,097.76 0000072810 86.25 ====================== TOTAL: 86.25 BUSINESS LICENSE LETTERS BUSINESS LICENSE LETTERS REPAIRS RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION STORMATER PERMIT FEE NOTARY BOND RENEWAL/CORTEZ PATIENT AMB BILLING PATIENT AMB BILLING DRINKING WATER DATE 3/06/15 TIME 09:40:09 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 03/10/2015 Expenditure Account PAGE 7 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= FASTENAL COMPANY 00007372 FEDERAL EXPRESS 00004667 FIRE PROGRAMS 00005760 GRAINGER PARTS OPERATIONS 00002755 GRANT COUNTY ECON DEV COUNCIL 00005738 GRAY CPA CONSULTING PC 00005206 HI LINE INC 00006008 HOCHSTATTER ELECTRIC 00000705 0000072715 0000072715 0000072852 0000072804 60.94 81.41 58.98 76 .37 ====================== TOTAL: 277. 70 MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES HEX WRENCH 0000072805 0000072805 0000072805 331.39 MISC SUPPLIES 494.17 MISC SUPPLIES 1,193.31 MISC SUPPLIES TOTAL: 2,018.87 0000072862 71. 65 ====================== TOTAL: 71.65 0000072757 1,455.00 ====================== TOTAL: 0000072806 0000072806 0000072806 1,455.00 76.51 75.00 102.70 ====================== TOTAL : 254.21 0000072748 54.00 TOTAL: 54.00 0000072771 2,003.75 ====================== TOTAL: 2,003.75 0000072809 54.14 ====================== TOTAL: 54.14 0000072722 113. 30 ====================== TOTAL: 113 .30 SHIPPING CHARGES SOFTWARE SUPPORT MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES LUNCHEONS PROF SERV/GASB SOFI'WARE POLY TUBING BLUE HERON HOUSE REPAIRS DATE 3/06/15 PAGE 8 TIME 09:40:09 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 03/10/2015 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= !BS INC 00004860 IMPACT DANCE PROJECT 00005562 J P COOKE COMPANY 00002797 JAN COOK MACK 00005821 KING COUNTY FINANCE 00005686 LAD IRRIGATION COMPANY INC 00001101 LINDSAY/CULLIGAN 00005289 LOCALTEL COMMUNICATIONS 00004374 LOVETA BOYCE 00006932 MT M 00004777 MARV ELLESTAD 00007174 0000072812 0000072812 341.45 MISC SUPPLIES 202.62 MISC SUPPLIES TOTAL: 544.07 0000072721 456 .00 DANCE PROGRAM INSTRUCTION ====================== TOTAL: 456.00 0000072856 144 .25 DOG TAGS TOTAL: 144.25 0000072744 50.40 CARDS/EARRINGS TOTAL: 50.40 0000072854 1,550 .00 ONLINE TRAINING SUBSCR TOTAL: 1,550.00 0000072762 76,370.77 PE 1 WELL 23 REPAIR 2014 ====================== TOTAL: 0000072735 0000072735 0000072815 76,370.77 45.24 MAC/PR WATER 20.16 MAC/PR WATER 56 .16 BOTTLED WATER TOTAL: 121.56 0000072766 808 .20 INTERNET SERVICE TOTAL : 808 . 20 0000072742 24.50 NECK/EYE PILLOWS TOTAL : 24.50 0000072724 857.98 ENGR PAPER LAMINATING FILM TOTAL: 857.98 0000072752 496.34 HAULING/DUMPING FEE DATE 3/06/15 TIME 09:40:09 C I T Y 0 F M 0 S E S L A K E PAGE 9 XAPPRVD TABULATION OF CLAIMS C 0 U N C I L M E E T I N G T 0 B E A P P R 0 V E D 0 F 03/10/2015 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= MEGHANNE DAVIS 00007710 MICHAELLE BOETGER GRAPHIC DES 00007399 MINISOFT INC 00004622 MOON SECURITY SERVICES INC 00006510 MOSES LAKE SCHOOL DIST #161 00001209 MOSES LAKE STEEL SUPPLY 00001268 MOSES LAKE UPHOLSTERY 00001211 MULTI AGENCY COMM CENTER E911 00006695 NA FT 0 00004750 NATIONAL BOOK NETWORK 00006534 NORTHWEST HOSE & FITTINGS 00001302 ====================== TOTAL: 496.34 0000072745 25.90 ====================== TOTAL: 25.90 0000072750 25.00 ====================== TOTAL: 25.00 0000072761 1,575.34 ====================== TOTAL: 1,575.34 0000072845 41. 50 ====================== TOTAL: 41. 50 0000072844 60.00 ====================== TOTAL: 60.00 0000072840 6.48 ====================== TOTAL: 6.48 0000072819 178.04 ====================== TOTAL: 0000072814 0000072759 0000072759 178. 04 37,797.67 3,164.01 23,450.01 ====================== TOTAL: 64,411.69 0000072855 400.00 ====================== TOTAL: 400.00 0000072834 293.92 ====================== TOTAL: 293.92 0000072822 96.11 NECKLACES 50 /50 ARTWORK SOFTWARE UPDATES, SUPPORT MONTHLY MONITORING RENTAL MISC SUPPLIES REPAIR TRUCK SEAT USER FEE USER FEES/JAN-MARCH USER FEES/JAN-MARCH REGISTRATION MAC RESALE MISC SUPPLIES DATE 3/06/15 TIME 0 9 : 4 0 : 0 9 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 TO BE APPROVED 0 F 03/10/2015 Expenditure Account PAGE 10 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= OASIS AUTO SPA 00004834 OCHOCO MANUFACI'URING CORP 00005325 OGDEN MURPHY WALLACE INC 00006727 OXARC INC 00001412 PETTY CASH REVOLVING FUND 00001540 PINNACLE PUBLIC FINANCE INC 00005179 PLANET-TURF.COM 000066 43 PROTECT YOUTH SPORTS 00004626 PUMPTECH INC 00007639 QUILL CORPORATION 00004811 TOTAL: 96.11 0000072683 372. 00 TOTAL: 372. 00 0000072824 89.75 ====================== TOTAL: 89.75 0000072754 75.91 ====================== TOTAL: 0000072839 0000072823 75 . 91 105.31 233.65 ====================== TOTAL: 338. 96 0000072767 30.00 ====================== TOTAL: 0000072763 0000072763 30.00 11,237.65 251. 67 ====================== TOTAL: 11,489.32 0000072720 344 .20 ====================== TOTAL: 344.20 0000072835 126.00 ====================== TOTAL: 126.00 0000072825· 1,287.03 ====================== TOTAL: 0000072851 0000072851 0000072851 1,287.03 105.22 49.95 49.95 CAR WASHES -JANUARY OPEN PILOT VALVE PROF SERIVCE/AT & T MISC SUPPLIES MISC SUPPLIES REIMB PETTY CASH #37A LEASE PYMT/MARCH #37A LEASE PYMT/MARCH AMMONIUM PHOSPHATE BEG SOCCER BACKGROUND CHECKS PUMP FOR WELL COFFEE, OFFICE SUPPLIES COFFEE, OFFICE SUPPLIES COFFEE, OFFICE SUPPLIES DATE 3/06/15 PAGE 11 TIME 09:40:09 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 03/10/2015 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ROBERT HEALE 00004250 SALMON BAY 00006664 SAN DIEGO POLICE EQUIPMENT 00007332 SENIOR OPPORTUNITY & SERVICES 00003961 SHERWIN-WILLIAMS 00006229 SOAPWORKS STUDIO 00006049 SPECTRUM COMMUNICATIONS 00002691 SPOKANE HOUSE OF HOSE 00004293 STAPLES CREDIT PLAN 00007570 STATE AUDITORS OFFICE 00003249 STRYKER MEDICAL 00006455 TOTAL: 205.12 0000072746 28.00 T-SHIRTS TOTAL: 28.00 0000072828 1,068.72 MATERIAL/SALT STORAGE AREA ====================== TOTAL: 1,068.72 0000072847 5,536.89 AMMINITION TOTAL: 5,536.89 0000072869 10,750.00 YEARLY CONTRACT PAYMENT ====================== TOTAL: 0000072830 TOTAL: 0000072740 0000072737 TOTAL: 0000072829 10,750.00 15.03 PAINT MIXER 15.03 19.60 MAC CONSIGNMENT SHRINKAGE/LOSS 243.75 MAC RESALE 263.35 76.51 RADIO REPAIRS ====================== TOTAL: 76.51 0000072734 1,451.82 HOSE & SUPPLIES ====================== TOTAL: 0000072764 0000072764 1,451. 82 2,977.37 COPIER PAPER, COMP SUPPLIES 571.83 COPIER PAPER, COMP SUPPLIES ====================== TOTAL: 3,549.20 0000072778 2,152 .98 PROF SERVICE/GEN AUDIT ====================== TOTAL: 2,152.98 0000072758 4 7. 62 REPLACE BAD MOUNT DATE 3/06/15 TIME 09:40:09 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 03/10/2015 Expenditure Account PAGE 12 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= T M G SERVICES INC 00006368 TANIA GONZALEZ-ORTEGA 00004535 TARGET MEDIA NORTHWEST 00007815 THE LIFEGUARD STORE 00007072 THE WESLEY GROUP 00004986 TOP CUT TREE TRIMMING SERVICE 00007479 TOTER INC 00004048 U S BANK -EFT 00007071 UMPQUA BANK 00006670 UMPQUA BANK/MERCHANT-EFT 00005882 ====================== TOTAL: 0000072831 0000072831 TOTAL: 0000072749 47.62 18,057 .60 611 . 22 18,668 .8 2 87.50 ====================== TOTAL: 87.50 0000072782 2, 738 .87 TOTAL: 2, 738.87 0000072837 383.50 ====================== TOTAL: 383 .50 0000072779 3,501.79 ====================== TOTAL: 3, 501. 79 0000072725 215.80 TOTAL: 215.80 0000072768 34,536 .12 ====================== TOTAL: 34,536.12 0000072769 23,518.75 0000072769 23,518.75 0000072769 71, 187. 50 0000072769 71,187.50 0000072769 17,680.00 ====================== TOTAL: 207,092.50 0000072708 371. 41 TOTAL: 371.41 CHEMICAL METERING PUMPS CHEMICAL METERING PUMPS PRINTS PR SPRING 2015 BROCHURE SNS STAFF SHIRTS LABOR RELATIONS CONSULT TRIM TREES-MUNICIPAL AIRPORT GARBAGE CONTAINERS DEBT SERVICE PYMTS DEBT SERVICE PYMTS DEBT SERVICE PYMTS DEBT SERVICE PYMTS DEBT SERVICE PYMTS BANK SERVICE FEE DATE 3/06/15 TIME 09:40:09 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 03/10/2015 Expenditure Account PAGE 13 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ============================~========================================================================================== 0000072777 59.29 CREDIT CARD FEES 0000072777 19.91 CREDIT CARD FEES 0000072777 69.61 CREDIT CARD FEES 0000072777 30.05 CREDIT CARD FEES 0000072777 762.80 CREDIT CARD FEES 0000072777 10.00 CREDIT CARD FEES 0000072777 28.45 CREDIT CARD FEES 0000072777 13 .64 CREDIT CARD FEES 0000072777 49.01 CREDIT CARD FEES 0000072777 38.75 CREDIT CARD FEES 0000072777 21. 78 CREDIT CARD FEES 0000072777 7.18 CREDIT CARD FEES 0000072777 5.99 CREDIT CARD FEES ====================== TOTAL: 1,116.46 USPS/PB POSTAGE BY PHONE 00007859 0000072860 6,000.00 POSTAGE FOR MACHINE ====================== TOTAL: 6,000.00 VALLEY ATHLETICS 00006626 0000072723 455.40 BALLFIELD MARKING PAINT/DUST 0000072723 469.21 BALLFIELD MARKING PAINT/DUST 0000072723 455.40 BALLFIELD MARKING PAINT/DUST ====================== TOTAL: 1,380.01 WA CITIES INSURANCE AUTHORITY 00005203 0000072802 50.00 NOTARY BOND RENEWAL/CORTEZ ====================== TOTAL: 50.00 00006720 0000072864 633.75 INSURANCE DEDUCTIBLE ====================== TOTAL: 633.75 WOODARD AUTO & TRUCK 00005559 0000072832 2,456.65 REPAIR POWER STEERING DATE 3/06/15 TIME 09:40:09 NAME OF VENDOR Department C I T Y 0 F M 0 S E S TABULATION OF CLAIMS COUNCIL MEETING L A K E T 0 B E A P P R 0 V E D 0 F 03/10/2015 Expenditure Account PAGE 14 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ====================== TOTAL : 2,456.65 XPRESS BILL PAY -EFT 00006421 0000072775 565.27 CREDIT CARD FEES 0000072775 446 .95 CREDIT CARD FEES 0000072775 251. 22 CREDIT CARD FEES 0000072775 82.80 CREDIT CARD FEES 0000072775 69.07 CREDIT CARD FEES TOTAL: 1,415.31 YUM YUM DELI 00006565 0000072808 362.72 MEALS TOTAL: 362. 72 Z ENGINEERS PLLC 00005614 0000072729 1,182.45 PROFESS SERV CLVR DR L/S 2014 TOTAL: 1,182.45 ZIGGYS #13 00006567 0000072833 63.19 LUMBER FOR SHELVING TOTAL: 63.19 ============================= REPORT TOTAL: 577, 991. 58 DATE FRI, MAR 6, 2015, 9:40 AM TIME 09:40:10 C I T Y 0 F M 0 S E S L A K E TABULATION OF CLAIMS TO BB APPROVED C 0 U N C I L M E E T I N G 0 F 03/10/2015 TOTALS BY FUND FUND NO 000 103 116 410 450 452 477 490 493 495 498 503 517 519 528 FUND NAME GENERAL FUND GRANTS AND DONATIONS STREET WATER/SEWER 2011 BOND FUND 2004 BOND FUND WATER SEWER CONSTRUCTION SANITATION STORM WATER AIRPORT AMBULANCE FUND SELF-INSURANCE CENTRAL SERVICES EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW VEND NO. P.O. NO. AMT LISTED CORRECTED AMT CORRECT AMOUNT TO BE PAID AMOUNT 86,513 .42 105.16 1,745.46 28,036.30 47,037.50 142, 3 75. 00 81,264 .14 72,413.27 33,546.62 753.65 30,965.35 633.75 15 ,882.99 16,340.91 20,378.06 577,991.58 ACTION TO BE TAKEN TOTALS PAGE XAPPRVD ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * C L A I M S A P P R 0 V A L * * * WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE * OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT * * IN THE AMOUNT OF $577,991.58 THIS lOTH DAY OF MARCH, 2015 * * * * * * COUNCIL MEMBER COUNCIL MEMBER * * * * * * COUNCIL MEMBER FINANCE DIRECTOR * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** March 41\ 2015 TO: City Manager For City Council Consideration FROM: Municipal Services Director SUBJECT: ACCEPT EASEMENT ESTATE OF JOAN NICHOLS The attached resolution is to accept a municipal easement from the Estate of Joan Nichols for installing sidewalk, signs and water services on the Stratford Road Sidewalk Project -2015. A copy of the resolution, easement and site map are enclosed for council consideration. Respectfully submitted, ~4 A \\M-0\ Gary G Harer, PE/PLS Municipal Services Director encl. RESOLUTIONNO. 350~ A RESOLUTION ACCEPT ING AN EASEMENT TO THE CITY OF MOSES LAKE FROM THE ESTATE OF JOAN NICHOLS Recitals: 1. Resolution No. 238 provides all grants of real estate, or any interest therein, to the City of Moses Lake, shall not be accepted until a resolution has been duly passed by the City Council. 2. The Estate of Joan Nichols has presented an easement to the City of Moses Lake. Resolved: 1. Easements for municipal purposes and uses for the following described property is hereby accepted by the City of Moses Lake: For and in consideration of the benefits derived and to be derived by Grantor herein, and other good and valuable consideration, receipt whereof is hereby acknowledged, Grantor, THE ESTATE OF JOAN A. NICHOLS (hereinafter "Grantor"), hereby gives, grants, conveys and warrants to Grantee, the CITY OF MOSES LAKE in Grant County, Washington, a Washington municipal corporation, its successors and assigns, a perpetual, permanent, nonexclusive easement on, under, over, through and across the property described below and shown in "Exhibit A", attached hereto and by this reference incorporated herein, for municipal purposes: That portion of Tract 5, Park Orchard Tracts, within a parcel described in an Executor's Deed found in Auditor's File Number (AFN) 921112084, records of Grant County, Washington, and within the Northeast quarter of Section 15, Township 19 North, Range 28 East, W.M., more particularly described as follows: The Southerly 40.00 feet of the Easterly 1.00 foot of said parcel; And the Southerly 4.00 feet of the Northerly 58.00 feet of the Easterly 3.00 feet of said Parcel; And the Northerly 4.00 feet of the Easterly 3.00 feet of said Parcel. Parcel #11-0605-000 SUBJECT TO THE FOLLOWING: 1. Grantee shall have the right at all times to enter the premises described herein for municipal purposes. 2. Said grant of easement is for a public use and shall include all rights reasonably necessary or incident for Grantee's municipal purposes, including the rights of ingress and egress. 3. Granter shall not use or make use of the property described herein so as to interfere with, impede, restrict, or otherwise conflict with Grantee's use of this easement. Grantor may grant easements to others in the area of the easement so long as such easements are not in conflict with nor interfere with this easement granted to the City of Moses Lake. Any additional easements granted shall reference this easement and Granter shall be responsible to the City of Moses Lake for any damage to its property or interference with the easement granted herein. 4. This grant of easement is a covenant running with the land and shall be binding upon the heirs, personal representatives, successors and assigns of both parties. ACCEPTED by the City Council on March lO'h, 2015 Dick Deane, Mayor ATTEST: W. Robert Taylor, Finance Director I NE CORNER~ TRACT 5 ~ 140.00' p1--3.oo· 8 8 1 _ • • -r<) I'-N JOAN A. NICHOLS PARCEL 11-0603-000 AFN 921112084 :gLv 1-~ ~· --'---.-----~ g J .. ir-3.00' 40.00' 0 0 ~ ~ ~~ J ~~ t()._----~10:::.::0::.:.:.0:::.::0::...· ----0-upo:oo;-U ~ 00 JOAN A. NICHOLS 0 0 .1 (/) PARCEL 11-0604-000 g AFN 921112084 . "'I JOAN A. NICHOLS PARCEL 11-0605-000 AFN 921112084 T I 30' 1.00·--.. -i,1__ : o-:-~ ~MUNICIPAL ~ :1 I EASEMENT '--~~----lJ ~~--~ ~i; SJ( l;> ._ ._ ~ .,.. .... ~)~· LEGEND Q FOUND CENTERLINE MONUMENT O CALCULATED POINT EXHIBIT 'A' MUNICIPAL EASEMENT MUNICIPAL SERVICES DEPT. -ENGINEERING DIVISION 1 ..... _ wco CITY OF MOSES LAKE ....... --·- March 4, 2015 TO: FROM: SUBJECT: City Manager For Council Consideration Municipal Services Director Consideration of Bids Crack Seal Project -2015 Staff opened bids for the Crack Seal Project -2015 on March 4. The project includes sealing approximately 500,000 feet of cracks in streets, alleys, bike paths and parking lots throughout the City. Two bids were received that ranged from $138,578 to $162,507. The Engineer's estimate was $157 ,524. The bid summary is attached. Staff recommends awarding the bid to Quality Paving, Inc., the low bid, in the amount of $138,578. Resp:hy:;tth ~~ Gary Harer, PE/PLS Municipal Services Director March 3, 2015 Moses Lake City Council 401 S. Balsam I PO Box 1579 Moses Lake, WA 98837 Grant County OffreofThe Board of County Commissioners P 0 Box 37 Ephrata WA 98823 (509) 754-2011 Dick Deane, Mayor 401 S. Balsam I PO Box 1579 Moses Lake, WA 98837 City of Moses Lake RE : Grant County Fairground Wastewater Discussions Dear Mayor Dean and City Council: The Board of Grant County Commissioners appreciated the opportunity to meet with the Moses Lake City Council, Mr. Gavinski, and Ms. Kenison, last Wednesday, in an effort to resolve and complete an agreement which would allow the County to dispose of the Fairgrounds wastewater through the City's sewer system. The State Department of Health has granted the County an extension to April 30, 2015, for the selection of a sewage treatment option. The DOH is in support of the County and the City negotiating an agreement concerning the sewer connection issue. It was generally agreed by the parties to work toward an expedited resolution of their respective needs and to facilitate a good working relationship with regard to this issue. Thus, the County is writing this letter to the City Council in order for the Council to place the matter on its agenda for the upcoming March 1 oth meeting. The County is proposing that the parties complete an lnterlocal Agreement for the purpose of connecting the Fairgrounds wastewater to the City's sewer system, without annexation of the property into the City of Moses Lake. Specifically, the County has asked that the City waive or exempt the County from being required to submit to the City's annexation policy for the purpose of allowing the County to hook up with the City's sewer system. The County is in the process of contacting other Washington counties which have entered into similar agreements with cities or towns that have county fairground property within city limits; e.g., Kittitas, Yakima, Spokane, Snohomish, and Benton Counties. The County will share any information obtained with the City as soon as it is available. The parties discussed, but did not specifically come to an agreement on, the exact location of the site of the hook-up with the City's sewage system on Paxton Drive. The County would Richard Stevens District 1 Carolann Swartz District 2 Cindy Carter District 3 "TO MEET CURRENT AND FUTURE NEEDS, SERVING TOGETHER WITH PUBLIC AND PRIVATE ENTITIES, WHILE FOSTERING A RESPECTFUL AND SUCCESSFUL WORK ENVIRONMENT" Moses Lake City Council, et. al. March 3, 2015 Page -2 propose that the hook-up occur from Paxton Drive running inside the north boundary line of the Fairgrounds property (running east to west). The County understands that the City desires having the sewer line run from Paxton to the "Gold Gate", located in the northwest corner of the Fairgrounds property. This would allow for future growth and/or potential annexation of the Airway Drive area into the City. The County would agree to grant an easemenUright of way to the City to allow the City access to the proposed line, after installation, for the purpose of maintaining the sewer system. The pipeline will be installed pursuant to all applicable regulatory requirements. The County will need to tap into the line for the purpose of providing additional infrastructure, vis-a-vis, placing additional pipelines from the City sewer line, to service the Fairgrounds property. The County shall bear the costs of installation. The City shall bear the costs of maintaining the main sewer line. If we have misstated, misunderstood, or failed to address any matters of import, please let us know right away. We may be most easily reached through our Clerk of the Board at 754-2011 ext. 2928. Sincerely, BOARD OF COUNTY COMMISSIONERS QLj)J~. Richard Stevens, Chair cc: Joseph K. Gavinski, City Manager Partial Survey of Washington Counties with County-Owned Fair grounds Having Hook-Up to City Utilities (Sewer) Wastewater Washington Owns the Within City System Was Fairgrounds * County Fairgrounds? Limits? Type/Provider? Annexed? How was resolution reached? Spokane Yes Yes City of Spokane Unsure Unknown (Spokane Valley) provides sewer & "When the City of the water Valley incorporated we fell within their boundaries, so I guess that means we are annexed." Kittitas Yes Yes City of Ellensburg Yes Property was zoned by the City as (Ellensburg) provides sewer & Public Reserve.* Resolutions can water be reached through RCW 39.34 Benton No N/A N/A N/A N/A Yakima Yes Yes City of Yakima Yes The County and City worked out a provides sewer successful annexation through an (no statement on individual who worked with the city water) to create the county's "own zone". The Public Reserve (P-R) Zone is a special use classification established to provide existing and future areas where public uses, such as, but not limited to, governmental, educational, recreational, cultural, and other public uses operated by a public entity may be allowed to develop. It is anticipated that the uses allowed may be unique and may involve a combination of uses not permitted outright in any other zoning districts. These purposes are accomplished by: 1. Allowing a full range of public uses including parks, schools, community centers, and governmental facilities; 2. Providing viable options for the adaptive reuse of surplus public facilities provided new uses can be integrated with the surrounding communities in a compatible manner; and 3. Use of this zone is appropriate for: a. Areas designated public institutional or public open space in the comprehensive plan; and b. Other sites planned to accommodate public uses allowed in the zone. 3 ~!; --I 6 I Io l\J S.rl; t f-1 C/ fi C owAJ c; ( A~ EA1 D.A-{o SfE/tk 8£ .3/4/ISt ~J),',v g r/ook;'.,v~ G-!<AAJT Cowr)l(' {/t;R. 3RouAfb_s fd C/ff S£w"1&~ rl(c-Jf1 /'-1€_.AJf .s i.s /E/-1. I GJou /'b )/kt fo BE c/J tfl-1: AJt=XT CourUci'/ P1-EET~~.s Jt3~.AJ.Jb_j\ .. Tf/AAJk JCI LA J dAJ 5/-1 /f A /~S-t/96 ~ f/M ~{) ~ ~ q 9 3 -9 Cf ~f; c ~I I March 5, 2015 Honorable Mayor and Moses Lake City Council Dear Council Members MOSES LAKE Provided is the latest draft of an ordinance repealing Chapter 6.05 titled "Animal Control" and adopting new Chapter6.02 titled "Definitions", 6.04 titled "License Requirements", 6.06 titled "Rabies Control ", 6.08 titled "Impounds'', 6 .10 titled "Dangerous Dog and Potentially Dangerous Dog", 6.14 titled "Miscellaneous Provisions", 6.16 titled "Exotic Animals", and 6.18 titled "Penalties and Enforcement". This ordinance has been in development for approximately one year. This ordinance, prepared by the City Attorney, is presented to the Council for its consideration and review. If the City Council finds the ordinance acceptable, the City Council could consider this ordinance on a first reading at this meeting. JKG:jt City Manager 764-3701 City Attorney 764-3703 Community Development 764-3750 Finance 764-3717 •Fire 765-2204 Municipal Services 764-3783 Municipal Court 764-3701 Parks & Recreation 764-3805 Police 764-3887 Fax 764-3739 401 S Balsam St. P.O. Box 1579 Moses Lake, WA 98837-0224 www.cityofml.com ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 6.05 TITLED "ANIMAL CONTROL" AND ADOPTING NEW CHAPTERS 6.02 TITLED "DEFINITIONS", 6.04 TITLED "LICENSE REQUIREMENTS", 6.06 TITLED "RABIES CONTROL", 6.08 TITLED "IMPOUNDS", 6.10 TITLED "DANGEROUS DOG AND POTENTIALLY DANGEROUS DOG", 6.14 TITLED "MISCELLANEOUS PROVISIONS", 6.16 TITLED "EXOTIC ANIMALS", AND 6.18 TITLED "PENALTIES AND ENFORCEMENT" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 6.05 of the Moses Lake Municipal Code titled "Animal Control" is repealed in its entirety. Section 2. 6.02.010 A. B. C. D. E. F. G. H. I. Chapter 6.02 of the Moses Lake Municipal Code titled "Definitions" is created as follows: CHAPTER 6.02 DEFINITIONS Definitions: When used in this title, the following words shall have the following meanings: "Abandonment" means leaving of an animal by its owner or owners or other person or persons responsible for its care or custody without making effective provisions for its proper care. "Animal" means any animal other than humans. "Animal Shelter" means the facility designed by the City for the boarding and caring of any animal impounded under the provisions of this chapter or any other ordinance or law of the State of Washington. "Cats" means any animal of the species Felidae, regardless of sex. "Common Areas of a Condominium, Town House, or Apartment Buildings" means and includes but is not limited to the yards, grounds, patios, garden areas, play areas, clubhouses, swimming pools, sidewalks, walkways, common garage areas, entryways, hallways, and driveways. "Community Services Officer" means any person or persons empowered by the City to enforce the provisions of this chapter. "Dogs" means any animal of the species Canidae, regardless of sex. "Dog Owner" means any person, firm, partnership, corporation, trust arrangement, or the like who owns, keeps, or harbors a dog or dogs. "Dog Owner" or "Owner" for purposes of this Chapter means persons who are at least eighteen (18) years old. "Exotic Animal" means any animal which, when in its wild state, or due to its size, habits, natural propensities, training or instinct, presents a danger or potential danger to human beings and is capable of inflicting serious physical harm upon human beings, and includes inherently dangerous mammals and reptiles as follows: 1. "Inherently dangerous mammal" means any live member of the Canidae, Felidae, or Ursidae families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans, and which includes: a. Canidae, including any member of the dog (canid) family not customarily domesticated by man, or any hybrids thereof, including wolf hybrids which are a cross between a wolf and domestic dog, but not including domestic dogs (Canis familiaris). Common names include wolf, coyote, jackal, hyena, 1 fox, and all their hybrids. b. Felidae, including any member of the cat (felis) family weighing over fifteen pounds (15 lbs.) not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Felis catus). c. Ursidae, including any member of the bear family, or any hybrids thereof. d. Nonhuman primates and prosimians. 2. "Inherently dangerous reptile" means any live member of the class Reptilia which: a. Is venomous, including but not necessarily limited to, all members of the following families: Helodermidae (Beaded Lizards including Gila Monster, Mexican Beaded Lizard); Viperidae (Vipers and Adders); Crotalidae (Pit Vipers); Atraciaspididae (Mole Vipers); Hydrophilidae (Sea Snakes); and Elapidae (Cobras). b. Is a "rear fanged" snake of the family Colubridae (rear fanged snakes) that are known to be dangerous to humans, including, but not necessarily limited to, all members of the following families: Dispholidus typus (Boom-slang Snake); Thebtornis kirtlandii (Twig Snake); and Rhabdophis ssp. (Speckled Belly Keelback and Red Necked Keelback). c. Is a member of the order Crocodilia (crocodiles, alligators, and caiman) over two feet (2') in length. 3. "Potentially dangerous wild animal" as defined by RCW Chapter 16.30 as now enacted or hereafter amended. J. "Ferret" means an animal of the species Mustela furo and as defined in WAC 246-100-197 or as hereafter amended. K. "Guard Dog" means a dog trained to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog. These dogs must be registered with the City as a guard dog. L. "Household pets" means dogs, cats, rabbits, mice, hamsters, gerbils, parakeets, canaries, finches, and other similar exotic fowl and songbirds, reptiles, amphibians, fish and similar small animals and fowl kept inside a residence for companionship and/or personal enjoyment so long as they are not a danger to other persons or property. All other animals are prohibited within the City unless otherwise provided herein. M. "Hybrid" means any mammal which is the offspring of the reproduction between any species of wild can id or hybrid wild can id and a domestic dog or hybrid wild can id, or is represented by its owner to be a wolf hybrid , coyote hybrid, coy dog or any other kind of wild can id hybrid, or a wild felid or hybrid wild felid and a domestic cat or hybrid wild felid or is represented by its owner to be a wild felid hybrid. N. "Mistreatment" means every act or omission which cause or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering. 0 . "Neglect" means failure to provide food, water, protection from the elements, opportunity for exercise, or other care normal, usual and proper for an animal's health and well-being. P. "Owner or custodian" means any person, firm, partnership, corporation, trust arrangement, or the like who shall keep, maintain, control, care for, or be responsible for keeping, maintaining, or caring for any animal, or who knowingly permits any animal to remain on premises occupied by them. 2 Q. R. S. T. U. 6.02.020 Section 3. 6.04.010 6.04.020 A B. C. D. E. F. G. H. I. "Running at Large" means off the premises of the owner and not under the effective control of the owner, his agent, servant, or competent member of his family by means of a leash, cord, or chain reasonable in length; except that, for the purpose of this definition, the "premises of the owner" shall not include common areas of a condominium complex, town houses, and apartment buildings, and any animal not in the effective control of its owner upon the common area of a condominium, town house or apartment building, or the grounds thereof, shall be deemed to be running at large. "Potentially Dangerous Dog" and "Dangerous Dog" have the meaning given them in RCW Chapter 16.08. "Proper Enclosure" means, while on the owner's property, a potentially dangerous dog shall be securely confined indoors or in an outside enclosed and locked pen or structure, resistant to tunneling, suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure shall have secure sides not less than five feet (5') high and a secure top, and shall provide protection from the elements for the dog. The requirement for a secure top on the enclosure may be waived by the Community Services Officer upon showing that it is unnecessary. This section shall not apply to guard dogs or watch dogs utilized to secure premises enclosed by a fence or wall not less than five feet (5') high and resistant to tunneling, located within an industrial or commercial zone. "Dangerous Dog" has the meaning given it RCW Chapter 16.08. All other words and phrases used herein will have their commonly accepted meanings. Chapter Supplementary: The provisions of this chapter shall be supplementary to the provisions of RCW Chapter 16.08 relating to dangerous dogs. Chapter 6.04 of the Moses Lake Municipal Code titled "License Requirements" is created as follows: CHAPTER 6.04 LICENSE REQUIREMENTS License Required: It is unlawful for any person or persons to own or harbor any dog over the age of six (6) months within the corporate limits of the City, unless such person or persons first procures a license therefore as provided in this chapter. Records Required to Obtain and Retain a License: All dog owners shall keep records regarding their dog ownership. The records shall include the following: Birthday of the dog or the best estimate in month and year Breed of dog Name of dog Brief statement of how the dog ownership was derived Date when animal was first brought into the City of Moses Lake Any official actions taken regarding the dog by any law enforcement official Veterinary records A rabies inoculation and other vaccinations and spay and neuter records, if appropriate Injury and sickness reports as appropriate 3 J. Animal shelter records if appropriate K. Training records if appropriate L. Temperance test, if administered M. Obedience classes, if attended N. Owner handling classes, if attended 0 . Formal training for service dogs P. Service records if appropriate Q . Record of microchip, if implanted, or tattoo R. A photograph of the dog and the owner S. Copy of City license T. Copy of any current insurance policy or bond relative to the dog The Police Department shall keep a record of the names of all persons to whom licenses are issued with the number of each license and whether for a male or female dog and whether the male dog has been neutered or the female dog spayed. The records and file must be available to any law enforcement agent and may become a matter of public information. 6.04.030 A B. C . D. E. License Fee and Tag: The license fee shall be in the sum of five dollars ($5) per year for neutered male dogs and spayed fe male dogs, and one hundred fifty dollars ($150) per year for non-neutered male and un-spayed female dogs. Upon the payment of such license fee to the Finance Director or his designee, and upon being shown proof of a current rabies vaccination, it shall be the duty of the Finance Director or his designee to issue a license to the party making application therefor. The person licensing a dog shall verify the breed of the dog at the time of licensing and that breed name shall be recorded with the tag number as provided in Section 6.04.020. If the owner has had an electronic chip implanted into a dog or has had the dog tattooed, the owner may present evidence of that chip or tattoo and the registration number of the chip to help identify the dog if it needs to be identified. The license shall expire on the first day of January next succeeding the date of the issuance thereof and the time fixed for the issuing of a license shall commence on the first day of January of each year and no license shall be issued to expire at any other time than that date. The license fee shall be paid in full for any year or part thereof. The Finance Director or his designee shall, together with the license, furnish a suitable tag which shall be worn by the dog for which such license is issued and shall be fastened to such dog in such manner that it can easily be inspected at all times by City authorities. Lost tags will be replaced by the Finance Director or his designee upon a payment of an additional fee of two and one half dollars ($2.50). All persons must present a current rabies vaccination receipt before a City dog license can be obtained. It is unlawful for any person, who for purposes of securing the license, to falsely represent the breed, age or sex of any dog, or that the dog has been spayed or neutered. No person may use any license for any animal other than the animal for which it was issued. 4 6.04.040 A. B. C. D. E. F. Kennel License Required: No person, group of persons, or business entity shall own, keep, or harbor more than three (3) dogs or four (4) cats or any combination thereof of more than four (4) animals, of six (6) months of age or older or engage in the commercial business of breeding, buying, selling, trading, training or boarding cats or dogs or both cats and dogs without having obtained a kennel license from the Finance Director or his designee. The kennel license shall expire on the first day of January next succeeding the date of the issuance thereof. The time fixed for the issuing of a license shall commence on the first day of January of each year and no license shall be issued to expire at any other time than that date. The license fee shall be paid in full for any year or part thereof. The yearly fee for licensing a kennel shall be fifty dollars ($50) which shall be the only business license fee the City requires of kennel owners. This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal clinic or hospital. This section shall not apply to and will not be construed to require a kennel license for any pet shop which sells animals of less than six (6) months of age. Kennel licenses shall not be issued for use in areas zoned R-1 , R-2 and R-3. Violations of this section are enforced as provided in Chapter 6.18. 6.04.050 License and Permit Issuance and Revocation: A. The City of Moses Lake may revoke any animal permit or license if the person holding the permit or license refuses or fails to comply with this title, the regulations promulgated by the City of Moses Lake, or any law governing the protection and keeping of animals. B. Any person whose animal permit or license is revoked shall, within ten (10) calendar days thereafter, humanely dispose of all animals owned, kept, or harbored by such person and no part of the permit or license fee shall be refunded. C. It shall be a condition of the issuance of any permit or license that the City of Moses Lake shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner. D. If the applicant has withheld or falsified any information on the application, the City of Moses Lake shall refuse to issue or may revoke a permit or license. E. No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment. F. Any person having been denied a license or permit may not reapply for a period of thirty (30) calendar days. Each re-application shall be accompanied by a twenty dollar ($20) fee. 5 G. Section 4. 6.06.010 A B. C. D. E. F. Any dog impounded under the provisions of this chapter shall not be released until the owner of such dog shall have paid all fees and charges due and has obtained all required permits, licenses and/or registrations and has complied with any other conditions imposed by the City. Chapter 6.06 of the Moses Lake Municipal Code titled "Rabies Control" is created as follows: CHAPTER 6.06 RABIES CONTROL Rabies Control and Vaccination: It is unlawful to own, keep or harfor within the City bats or any species of animals designated as unlawful by the Washington State Department of Health pursuant to WAC 246-100-191 by reason of such species being a transmitter of rabies to human beings, including any bat, skunk, fox, coyote or raccoon, except under circumstances permitted by said WAC 246-100-191, which is incorporated herein by reference. It is unlawful to own, keep or harbor within the City any dog, cat, or ferret without a current rabies vaccination. All persons seeking to license a dog or cat, or to keep a ferret, shall be required to show proof of current rabies vaccination from a licensed veterinarian prior to licensing and bringing the animal into the City and said vaccination shall be kept current as long as the animal remains in the City. A durable and traceable rabies tag provided by the veterinarian shall be securely affixed to a collar and worn by the animal when outside or away from the owner's home or other enclosure. Any dog, cat, or other animal that has bitten any person shall be immediately confined at the animal shelter at the owner's or custodian's expense for a period of not less than ten (10) calendar days. No animal under confinement shall be released from confinement until such release has been approved by the Community Services Officer. It shall be un lawful for the owner of any dog, cat, or other animal that has bitten any person to destroy such animal before it can be properly confined by the Community Services Officer. The location of such confinement shall be determined by the Community Services Officer and shall be at the expense of the owner. The owner of any animal that has been reported as having inflicted a bite on any person shall, on demand of a Community Services Officer, produce such animal for examination and quarantine as prescribed in this section. If the owner, his agent, servant or competent member of his family, or any custodian of any such animal refuses to produce such animal, the owner, his agent, servant or competent member of his family, or any custodian shall be subject to immediate arrest if there shall be probable cause to believe that the animal has inflicted a bite upon a person and the owner, his agent, servant or competent member of his family, or any custodian is keeping or harboring the animal and willfully refuses to produce the animal upon such demand. Such persons shall be taken before a judge of the Municipal Court, who may order the immediate production of the animal. If the owner, his agent, servant or competent member of his family, or any custodian of such animal shall willfully or knowingly secrete or refuse to produce the animal, each day of secretion or refusal to produce the animal shall constitute a separate and individual violation of this section. When an animal under quarantine has been diagnosed as being rabid by a licensed veterinarian, the veterinarian making such diagnosis shall immediately notify the County Public Health Officer and advise him of any reports of human contact with such rabid dog, cat or ferret. If any animal under quarantine dies while under observation, the Community Services Officer or his agents shall immediately take action to obtain a pathological and inoculation examination of the animal. As soon as a diagnosis is made available, the Community Services Officer shall notify the County Public Health Officer of any reports of human contact with the animal. Any animal which has not been inoculated against rabies and known to have been bitten by a rabid animal shall be humanely destroyed immediately. 6 G. H. I. Section 5. 608.010 A. Every physician or other medical practitioner who treats a person or persons for bites inflicted by animals shall report such treatment to the Community Services Officer, giving the names and addresses of such persons. Any veterinarian who diagnoses rabies in any animal shall report such fact to the Community Services Officer. The veterinarian shall determine, before any rabies inoculation is given , whether the subject animal is under quarantine or has inflicted a bite on any person within the last ten (10) calendar days. In case of an outbreak of rabies, constituting an emergency situation, the City Manager shall be authorized to impose strict regulations pertaining to animals within the City limits. Chapter 6.08 of the Moses Lake Municipal Code titled "Impounds" is created as follows: CHAPTER 6.08 IMPOUNDS lmpoundment Procedure -Disposition: Any City authority designated by the City Manager to engage in animal control enforcement may impound any animal under the following conditions: 1. Any animal that has been humanely trapped. 2. Any animal found in violation of the provisions of this title if the owner is unknown, or if known, if the owner is not readily available. 3. Any animal neglected or abandoned by its owner, including any animal that is found abandoned within any building, establishment, or within or on any premises, whether public or private. 4. Any animal that is sick or injured and the owner is not present or able to take charge of the animal. 5. Any animal remaining at the scene of a crime or accident and the owner has been incarcerated or hospitalized. 6. Any animal seized by the court. 7. Any potentially dangerous or dangerous dog, inherently dangerous mammal, or inherently dangerous reptile found in violation of the provisions of this title and/or state law. 8. Any inherently dangerous mammal or inherently dangerous reptile that has inflicted a bite or is found running at large. B. The Community Services Officer upon impounding an animal shall make a complete record, entering the description of each animal. If the owner of the animal is known or if the animal is identifiable by license or other identification, the Community Services Officer shall attempt to notify the owner within forty-eight (48) hours by service or posting of notice that his/her animal has been impounded and where it may be redeemed. The reading of a license tag or the scanning for a microchip shall constitute reasonable attempts to identify the animal. The City or animal shelter shall not be liable for the failure of a scanner to detect the presence of a microchip. C. If the owner is known, the animal shall be held at least ninety-six (96) hours after the attempt to notify is accomplished. If the owner is unknown, the animal shall be held at least seventy-two (72) hours after the time of impound. If the animal has been impounded pursuant 7 to quarantine and has not been found to be suffering from rabies, the animal shall be held at least seventy-two (72) hours after the end of the quarantine period and examination by a licensed veterinarian. D. Redemption of impounded animals. 1. Any dog or cat (except dangerous dogs, potentially dangerous dogs, and inherently dangerous mammals or reptiles), impounded pursuant to the provisions of this Chapter may be redeemed by the owner or other authorized person upon payment in full of all legal charges and expenses incidental to the impoundment and boarding of the animal and by demonstrating that all conditions for the release of the animal have been met. 2. If a domestic animal is impounded and taken to the animal shelter more than twice during a twelve ( 12) month period it will be mandatory that a microchip capable of being scanned by an "AVID" or other equivalent brand microchip scanner be implanted in the animal before it is released to the owner. The owner of said animal shall incur all expenses incidental to the microchip process and shall provide written proof of said process to the animal control authority. The owner or other authorized person redeeming an unlicensed dog over the age of six (6) months shall pay twice the license fee, any late penalty fee if applicable, and a fifty dollar ($50) deposit for animals for which rabies vaccinations are not current. The deposit will be refunded when the animal is vaccinated and proof of vaccination is presented to the Community Services Officer. 3. If a dog is impounded more than three (3) times within one (1) year from the date of the first infraction, the owner may be required to surrender the dog to the animal shelter. 4. Prior to redemption of a dog that has been declared dangerous, the owner shall present proof of the dog's residency outside of the City limits which shall include a physical address, written verification of the dog's ownership, and written verification that the owner resides at the physical address provided as the dog's residence outside of the City limits. The owner, at his/her sole cost and expense, shall also be required to have the dangerous dog microchipped prior to its release from impound. As a condition of the dangerous dog's release, the owner shall sign a written statement acknowledging that the dangerous dog is prohibited from being within the City limits and that, in the event the dangerous dog is found within the City limits following its release from impound, the dangerous dog will be subject to immediate seizure and impound and shall be humanely euthanized at the direction of the Community Services Officer. Prior to redemption of a dog that has been declared potentially dangerous, the owner shall present proof of compliance with Section 6.05.11 O and any other applicable code provision. 5. Any dangerous dog, potentially dangerous dog, or inherently dangerous mammal or reptile found in violation of this title may be held at the animal shelter at the owner's expense until adjudication by the court. E. Disposition of animals. 1. Animals not redeemed within the time periods as set forth herein will be considered forfeited and may be adopted or humanely destroyed by euthanasia at the discretion of the Community Services Officer, except those animals known to have bitten or which have been found dangerous or potentially dangerous shall not be adopted. However, the owner or keeper will remain responsible for payment of all legal expenses and charges incidental to the impound. If the failure to reclaim the pet animal is due to the owner's incarceration or incapacity, notification of incarceration 8 or incapacity to the animal shelter will serve to extend the forty-eight (48) hour hold period by an additional forty-eight (48) hours. The animal may be reclaimed during that additional forty-eight (48) hour hold period by any person who has obtained the written or verbal permission of the owner to reclaim the animal, or by any person who is a legally appointed agent for the owner or keeper. Verbal permission must be provided by the owner to the Community Services Officer or his/her designee. 2. Upon receipt of written permission from the owner, animals may be adopted or humanely destroyed by euthanasia without regards to the holding periods outlined herein. 3 Any animal as may be determined by the Community Services Officer or licensed veterinarian to be suffering from serious injury or disease may be humanely destroyed by euthanasia without regard to the holding periods outlined herein. 4. Any animal as may be determined by the Community Services Officer to be feral may be humanely destroyed by euthanasia without regard to the holding periods outlined herein. 5. Any previously declared dangerous dog that has bitten shall be humanely destroyed by euthanasia after the quarantine period. 6. Inherently dangerous animals and/or inherently dangerous reptiles which have bitten or been found runn ing at large shall be humanely destroyed by euthanasia or transferred to a suitably licensed facility such as a zoo without regard to the holding periods outlined above. F. Opportunity for Hearing on impound/reclaim fees and costs: Prior to reclaiming an impounded animal, an owner or keeper who wishes to contest the impoundment of his/her animal and/or the assessment of fees pursuant to impoundment, may utilize the following procedure: 1. The owner or keeper must appear in person at the animal shelter and request the form for contesting impoundment and fees. If the owner or keeper is unable to personally appear due to his/her incarceration or incapacity, he/she may provide written or verbal permission to another person to act in his/her place. Verbal permission must be provided to the Director or his/her designee. 2. The owner or keeper or his/her designee must complete the form and sign it under penalty of perjury. 3. The owner or keeper or his/her designee must give the completed form to staff at the animal shelter. The City Manager or his/her designee will review the form and records on file for the impoundment, will meet with the owner or keeper or his/her designee, and will decide based on all of the above whether to impose the fees for impoundment and other services as set forth in this section; to adjust the fees based on the completed form; or to not assess fees based on the completed form . The decision will be discretionary with the City Manager or his/her designee, and is non-appealable. G. Housing fees shall be as established by the animal shelter. Such fees shall include all costs of housing such animals. 9 6.08.020 Fees: Any animal impounded under the provisions of this chapter shall not be released until the owner of such animal shall have paid all fees and charges due and has obtained all permits, licenses, and registrations as required herein. Section 6. Chapter 6.10 of the Moses Lake Municipal Code titled" Dangerous Dog and Potentially Dangerous Dog" is created as follows: 6.10.010 6.10.020 6.10.030 A. B. C. CHAPTER 6.10 DANGEROUS DOG AND POTENTIALLY DANGEROUS DOG Title: The ordinance codified in this chapter shall be referred to as the dangerous dog and potentially dangerous dog ordinance. Applicability: The provisions of this chapter shall apply to adult dogs only, which means any dog over the age of six (6) months. The declaration of dangerous dog or potentially dangerous dog follows the dog, regardless of ownership or change of ownership. Definitions: The following definitions shall apply throughout this chapter: "Animal control authority" means the department of the City charged with the responsibility of administering the provisions of this chapter, or the department and any other agency to which this responsibility is contractually delegated and which is thereby charged with the duty of enforcing the animal control laws of the City and/or with the shelter and welfare of animals. "Animal control officer" means any person or agency designated by the City as a law enforcement officer or quasi-law enforcement officer who is authorized to implement the provisions of this chapter and this title. "Dangerous dog" means any dog that: 1. Inflicts severe injury on a human being without provocation on public or private property; or 2. Kills a domestic animal, without provocation, while the dog is off the owner's property; or 3. Has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals. D. "Owner" means any person, firm, corporation, organization, or department in possession of, harboring, keeping, having an interest in, or having control or custody of an animal. E. "Potentially dangerous dog" means: 1. Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury to or to otherwise endanger the safety of humans or other domestic animals; or · 2. Any dog which unprovoked inflicts bites on a human or domestic animal either on public or private property; or 3. Any dog which unprovoked chases or approaches a person upon the streets, sidewalks, or other public grounds in a menacing fashion or apparent attitude of attack. F. "Proper enclosure" of a dangerous dog or a potentially dangerous dog means that while on the owner's property, a dangerous dog shall either be: 10 G. H. 6.10.040 A. B. C. D. 6.10.050 A. B. C. D. 6.10.060 A. 1. Securely confined indoors; or 2. In a securely enclosed and locked pen or structure suitable to prevent the entry of children under the age of ten (10) years and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top and provide protection from the elements for the dog. If such pen or structure does not have a bottom that is secured to the sides, the sides must be embedded at least one foot (1') into the ground. "Running at large" means to be off the premises of the owner and not under the immediate control of the owner or other competent person authorized by the owner, by means of a leash, cord or chain, except when in or on any vehicle and securely confined to such vehicle; except that, for purposes of this definition, the "premises of the owner" shall not include common areas of a condominium complex, town houses, duplexes, and apartment buildings, and any animal not in the effective control of its owner upon the common area of a condominium complex, town house, duplex, or apartment building, or the grounds thereof, shall be deemed to be running at large. "Severe injury" means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. Defense: Dogs shall not be declared dangerous or potentially dangerous if the threat, injury, or damage was sustained by a person who, at the time: Was committing a willful trespass or other tort upon the property or vehicle occupied or owned by the owner of the dog; or Was tormenting, abusing, or assaulting the dog; or Has, in the past, tormented, abused, or assaulted the dog; or Was committing or attempting to commit a crime. Declaration of Dangerous Dog or Potentially Dangerous Dog -Procedure: The Community Services Officer shall issue a notice of potential declaration to the owner of the dog following the guidelines of service found at MLMC 6.10.090. Said notice will include an opportunity for the owner to discuss the action in writing or orally with the Community Services Officer within fourteen (14) calendar days of receipt of the notice. After the discussion or the fourteen (1 4) day period, whichever comes first, the Community Services Officer shall issue a final decision in the form of either a final declaration or a letter of no finding. If the dog has been impounded due to its actions, such impoundment shall continue during the pendency of the above procedure. The owner shall be responsible for the cost of impoundment regardless of the outcome of the action. The Hearing Examiner in an appeal pursuant to this Chapter can take note of and consider the owner's failure to discuss the action with the Community Services Officer or failure to raise any and all defenses at the discussion with the Community Services Officer. Notice of Potential Declaration: Notice in the form of a declaration given to an owner in the manner described below or in MLMC 6.10.080 shall be prima facie evidence that the owner acted knowingly, although notice is not the only way to prove the owner's knowledge of the animal's propensity. Any notice of potential declaration must be in writing and include the following: A description of the animal; 11 B. C. D. E. F. G. H. 6.10.070 A B. C. D. E. 6.10.080 A The name and address of the owner, if known; The whereabouts of the animal if it is not in the custody of the owner; A brief statement of why the dog is being considered a dangerous or potentially dangerous dog; The specific provision or provisions of MLMC 6.10.030(3) or (5) which the Community Services Officer has found applicable; The restrictions that could be placed on the dog as a result of a final declaration; The penalties for violation of the restrictions of a final declaration, including the possibility of destruction of the dog, civil damages assessed against the owner, imprisonment and fines incurred by the owner through criminal prosecution; The date, time and location to meet with the Community Services Officer to discuss the action. Evidence: Based on an investigation, the Community Services Officer may find and declare a dog dangerous or potentially dangerous if he has a reasonable belief that the dog falls within the definitions set forth in MLMC 6 .10.030(3) or (5). For the purposes of this chapter, a reasonable belief may be supported by any of the following: The written complaint of a citizen who has witnessed the animal acting in a manner which causes it to fall within the definitions in MLMC 6.10.030(3) or (5) and is willing to so testify in a court of law; or Dog bite reports filed with the Community Services Officer; or Actions of the dog witnessed by the Community Services Officer or any law enforcement officer; or A verified report that the animal previously has been found to be either potentially dangerous or dangerous by the Community Services Officer; or Other substantial evidence admissible in a court of law. Final Decision: The final decision shall consist of either a final declaration or a letter of no finding issued to the owner. In the event the Community Services Officer finds reason to issue a final declaration, it shall contain the following: 1. A description of the animal; 2. The name and address of the owner, if known; 3. The date and time of the meeting with the owner, if any; 4. A brief statement of why the dog has been found to be a dangerous or potentially dangerous dog; 5. The specific provision or prov1s1ons of MLMC 6.10.030(3) or (5) which the Community Services Officer found applicable; 6. The restrictions placed on the dog as a result of the declaration; 7. The penalties for violation of the restrictions, including the possibility of destruction 12 of the dog, civil damages assessed against the owner, imprisonment and fines incurred by the owner through criminal prosecution; 8. A statement that the declaration can be appealed to the Hearing Examiner pursuant to Section 6.10.100 within fourteen (14) calendar days; and 9. A statement that failure to file a timely and complete notice of appeal will constitute a waiver of all rights to appeal said declaration. B. A letter of no finding shall include: 6.10.090 A. B. C. D. 6.10.100 A. 1. A description of the animal; 2. The name and address of the owner; 3. The date and time of the meeting with the owner; 4. A brief summary of testimony and evidence presented at such discussion; 5. A brief summary of why the animal is not being found dangerous or potentially dangerous. Service: Service of the notice of potential declaration, final declaration or letter of no finding shall be in writing, and shall be served on the owner in one of the following methods: Certified mail, return receipt requested or delivery confirmation requested, to the owner's last known address; or Personally delivered with proof of personal service made by written declaration under penalty of perjury by the person effecting service declaring the time, date and manner in which service was made; or Posting the declaration on the front door of the living unit of the owner, or person with right to control the animal if said owner is not home; or Publication in a newspaper of general circulation, if the owner cannot be located by one of the above methods. Appeal of Potentially Dangerous or Dangerous Dog Determination: Any owner of a dog which has been declared potentially dangerous or dangerous by the Community Services Officer, pursuant to this section may appeal the notice by filing with the Finance Director within fourteen (14) calendar days from the date of the notice, a written notice of appeal. Said written notice of appeal shall be on a form provided for that purpose by the Finance Director and must contain the following items: 1. A caption reading : "Appeal of Potentially Dangerous Dog or Dangerous Dog Determination" giving the name of the appellant; 2. A brief statement of the finding being appealed, together with any material facts claimed to support the contentions of the appellant including but not limited to the following written information and/or documents: a. Specific basis on which the owner contests the determination of potentially dangerous or dangerous dog; b. Any breed identification or registration paperwork, certificates, pedigrees, or the like regarding the dog in question; 13 c. Any expert testimony supporting or corroborating the owner's assertion that the dog is not a potentially dangerous or dangerous dog; d. Any certifications or other evidence establishing training courses completed by the dog and its owner, such as obedience training or canine good citizen training. 3. A brief statement of the relief sought, and the reasons why the find ing should be reversed, modified, or otherwise set aside. 4. A statement acknowledging that if the Hearing Examiner finds there is sufficient evidence to support the potentially dangerous or dangerous dog determination, all costs of the appeal process, including attorney's fees, shall be assessed against the owner. 5. The current address of the appellant. 6. A verification, by declaration under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal, pursuant to RCW 9A.72.085. B. Failure to file a timely and complete notice of appeal constitutes a waiver of all rights to an appeal under this chapter. Failure to appear for an appeal hearing shall result in a denial of the appeal and upholding of the declaration of potentially dangerous or dangerous dog. C. Upon receipt of a timely filed and completed notice of appeal, a notice of hearing shall be sent to the appellant, setting the date, time and place of the appeal hearing. D. The Hearing Examiner shal l set a date and time for hearing the appeal following receipt of a timely filed and complete notice of appeal. The filing of a notice of appeal shall not stay the requirements for restraint of the dog provided to the owner pursuant to this chapter. E. The appeal shall be heard before the Hearing Examiner for the City. At the hearing, the dog shall be declared potentially dangerous or dangerous upon proof that the dog is as defined in MLMC 6.10.030(3) or (5), as established by the probable cause standard required for the declaration of the Community Services Officer. F. The burden shall be upon the owner of the dog to prove one or more of the affirmative defenses set forth in 6.10.040 by a preponderance of the evidence. The affirmative defenses set forth in 6.10.040 shall not apply in actions to declare the dog to be potentially dangerous. G. At the hearing, the owner of the dog found to be a potentially dangerous or dangerous dog shall be permitted to present evidence in support of the owner's position at the hearing. H. At the conclusion of the hearing, the Hearing Examiner shall issue a written decision. 1. If the Hearing Examiner finds there is insufficient evidence to support the potentially dangerous or dangerous dog determination, it shall be rescinded and the restrictions imposed thereby annulled. No Hearing Examiner costs shall be assessed and any potentially dangerous or dangerous dog registration fee paid shall be refunded. 2. If the Hearing Examiner finds there is sufficient evidence to support the potentially dangerous or dangerous dog determination, all costs of the appeal process, including attorney's fees, shall be assessed against the owner. I. The decision of the Hearing Examiner shall be final and shall be mailed to the owner. Proceedings to review the decision must be instituted within fifteen (15) calendar days of the date the written decision was mailed. J . All impound fees are the responsibility of the owner of the dog, no dog impound expense and 14 6.10.110 A. B. 6.10.120 A. B. C. D. 6.10.130 A. fee(s) shall be assessed against the City of Moses Lake or the animal control authority or officer. Registration of Potentially Dangerous Dog Required: All potentially dangerous dogs residing within the City of Moses Lake must be registered to the current owner. The fee for registration of a potentially dangerous dog is one hundred dollars ($100). Registration must be renewed annually. A potentially dangerous dog certificate of registration shall be issued by the Community Services Officer to the owner of a potentially dangerous dog if the owner presents to the Community Services Officer sufficient evidence of: 1. A proper enclosure as defined in MLMC 6.10.030(F) in which to confine the potentially dangerous dog; 2. Proof of payment of the annual registration fee; 3. Proof that the dog has been micro-chipped, including providing the microchip serial number or proof that the dog has been tattooed, including providing the tattoo number; 4. Written acknowledgment of receipt of a copy of this chapter that includes a statement that the person acknowledging has read and understood what is required to keep a potentially dangerous dog within the City and what actions may lead to a dangerous dog declaration. Exemption to certificate of registration of potentially dangerous dog. A dog that is classified as a potentially dangerous dog under the provisions of this chapter may be exempted from the Certificate of Registration requirements of this section, provided such dog has passed the Canine Good Citizen (CGC) test of the American Kennel Club (AKC) as administered by an AKC approved evaluator and has received the appropriate certificate from the AKC. Such dog shall be retested and shall pass such CGC test at least once every two (2) years in order to maintain this exemption. The burden of maintaining such certification is the sole responsibility of the owner and the owner shall bear all costs of obtaining and maintaining such certification. Prohibited Acts: It shall be unlawful for any person to: Keep a dangerous dog within the City limits; Fail to register a potentially dangerous dog under MLMC 6.10.11 O(A) within thirty (30) calendar days of bringing the dog into the City limits or after it has been declared a potentially dangerous dog; Fail to keep a potentially dangerous dog in a proper enclosure as defined in MLMC 6.10.030(F); Al low a potentially dangerous dog outside of a proper enclosure, unless the dog is muzzled, restrained by a substantial chain or leash and under the physical control of a person over the age of eighteen ( 18) years who is of sufficient size and stature to control the animal. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. Penalties: Violations of any of the prohibited acts under MLMC 6.10.120 may result in the following penalties: 1. Immediate confiscation of the dog: 15 B. C. D. 6.10.140 6.10.150 A B. C. 6.10.160 6.10.170 a. The Community Services Officer shall immediately confiscate and impound any dangerous dog found within the city limits in violation of this Chapter and the animal control authority shall hold the same until such time as the prohibited act is abated. b. The Community Services Officer shall immediately impound any dangerous dog or potentially dangerous dog found running at large as defined in MLMC 6.10.030(G). c. Civil infraction subject to C-1 penalty. If a dangerous dog of an owner with a prior conviction under this chapter or Chapter 16.08 RCW attacks or bites a person or another domestic animal, the dog's owner is guilty of a Class C felony, punishable in accordance with RCW 9A.20.021 . In addition, the dangerous dog shall be immediately confiscated by an Community Services Officer, placed with the animal control authority to be held in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether the dog has previously been declared potentially dangerous or dangerous, shall be gu ilty of a Class C felony, punishable in accordance with RCW 9A.20.021. In addition, the dangerous dog shall be immediately confiscated by an Community Services Officer, placed with the animal control authority to be held in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. Any person violating this Chapter shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of the dog for the protection of the public, and such other expenses as may be requ ired for the destruction of any such dog. Destruction: Whenever the animal control authority comes into possession of a dangerous dog or potentially dangerous dog they shall destroy the same if the dog is not reclaimed by the owner within thirty (30) calendar days. Under no circumstances shall a dangerous dog be sold or given to another as a pet. Costs: The owner of any dog found to be a potentially dangerous dog or dangerous dog under this chapter shall be assessed all actual service costs expended under MLMC 6.10.090. The owner of any dog found to be a potentially dangerous dog or dangerous dog under this chapter shall be assessed all costs of confinement for any dog impounded pursuant to a violation of MLMC 6.10.120. The owner of any dog found to be a potentially dangerous dog or dangerous dog under this chapter shall be assessed all costs of destruction expended for any dog impounded and not reclaimed under MLMC Chapter 6.08. Failure to Reclaim: Whenever a dog is seized and impounded under this chapter, the failure to either reclaim the dog or to give a written surrender of the dog to the animal control authority shall result in the owner being prohibited from registering any new dogs in the City for a period of one (1) year. This prohibition shall not apply to the renewal of any existing dog license. Nuisance: The harboring, keeping, and maintaining of a potentially dangerous dog or dangerous dog contrary to this chapter is a public nuisance and is subject to abatement by judicial procedure or by a summary abatement in an emergency or life-threatening situation. If summary removal of a dog occurs, the dog shall not be destroyed before a hearing can be held concerning the removal and destruction unless public health and safety requires 16 6.10.180 otherwise. Notification of Status of Potentially Dangerous Dog: The owner of a dog that has been classified as a potentially dangerous dog shall immediately notify the animal control authority when such dog: Is loose or unconfined; or Has bitten or otherwise injured a human being or attached another animal; or Is sold or given away or dies; Is moved to another address. Is removed from the City of Moses Lake. Prior to a potentially dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner shall comply with all of the requirements of this Chapter. 6.10.190 Dog Declared Dangerous or Potentially Dangerous by Another Jurisdiction: A. Any person desiring to bring a dog to live in the City which has been previously declared to be potentially dangerous, dangerous, vicious, or similar designation in another jurisdiction, under the provisions of chapter 16.08 RCW or comparable local ordinance, must notify the animal control authority prior to moving the dog to the City. The person must provide all information requested by the animal control authority and must comply with all restrictions imposed by the animal control authority. There is no right to bring into the City a dog that has been the subject of a declaration or similar process in another jurisdiction and the animal control authority will determine whether such a dog will be licensed and permitted to reside in the City. B. Except to the extent inconsistent with this Section, an appeal from the decision of the animal control authority under this Section may be appealed in the manner set forth in MLMC 6.10.100. At the hearing, the presumption shall be that the previous jurisdiction's determination is correct and the burden shall be upon the appellant to demonstrate the invalidity of the prior declaration or similar process. Section 7. Chapter 6.14 of the Moses Lake Municipal Code titled "Miscellaneous Provisions" is created as follows: 6.14.010 6.14.020 A. B. C. D. 6.14 MISCELLANEOUS PROVISIONS Large Livestock Running at Large: It shall be unlawful for the owner or custodian of any horse, livestock, or other animals generally regarded as farm or ranch animals to permit the same to run at large within the corporate limits of the City. Guard Dogs: It shall be unlawful to place or maintain guard dogs in any area for the protection of persons or property unless the following conditions are met: The dogs shall be confined to an enclosed area adequate to insure that they will not escape. They shall be under the absolute control of a handler at all times. Warning signs shall be conspicuously posted indicating the presence of guard dogs, and such signs shall plain ly show a telephone number where some person responsible for controlling such dogs can be reached at all times. Prior to the posting of guard dogs on any property, the person or persons responsible for the posting shall inform the supervising Community Services Officer in writing of their intention to post such dogs, the number of dogs to be posted, the location where such dog or dogs will be posted and the approximate length of time such dog or dogs will be patrolling the area. 17 E. 6.14.030 6.14.040 A B. 6.14.050 6.14.060 A B. 6.14.070 Violations of this section are enforced as provided in Chapter 6.18. Confinement of Females in Heat: Any un-spayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building, or secure enclosure, and such area of enclosure shall be so constructed that no other dog or dogs may gain access to the confined animal. The Community Services Officer shall order any un-spayed female that is in the stage of estrus (heat) and that is not properly confined or any such dog that is creating a neighborhood nuisance to be removed to a boarding kennel or to a veterinary hospital. All expenses incurred as a result of the confinement shall be paid by the owner. Failure to comply with the order of the Community Services Officer shall be a violation of this provision, and the animal shall then be impounded. Responsibility of Owner or Custodian: It shall be the responsibility of the owner or custodian of any animal within the corporate limits of the City to so control and care for their animal so as to prevent and keep that animal from being in violation of this chapter. In any proceeding to enforce the provisions of this title, it shall be conclusively presumed that the owner or custodian of any animal within the corporate limits of the City is aware of the animal's whereabouts, condition, or method of being treated and/or maintained. The owner or custodian of any animal within the corporate limits of the City shall be responsible for any cost, charge, fee, or expense of any nature incurred by the City in capturing, controlling, caring for, or destroying any animal in violation of this chapter. Without limitation but by way of illustration, the following are examples of costs, charges, fees, and expenses which the owner or custodian shall be responsible to pay to the City: board charges, tranquilizer costs, euthanasia costs, veterinary expenses. Interference With Community Services Officer: It shall be unlawful for any person to interfere with, molest, hinder or obstruct a Community Services Officer or any City employee or official in the discharge of his official duties under this chapter. Running At Large: It is unlawful for any owner or custodian of any dog to permit any such dog to run loose or be at large upon any public street, highway, or public place, or upon private property owned by a person or persons other than the owner or custodian of the dog, within the corporate limits of the City unless such dog is confined and controlled by a leash, rope, device or cord of such length as is sufficiently short to allow for the containment and control of such dog. Such leash, rope, device, or cord shall be of such material and of such size as to insure the custodian of the dog at the time can control and restrain the dog. Any person who elects to be at large within the corporate limits of the City with a dog or dogs contained and controlled by a leash, rope, device, or cord as provided for herein shall be in violation of this section if that person in fact does not or cannot control and contain any dog by the leash, rope, device, or cord method. Animals injured or killed in the street shall be considered as running at large; the Community Services Officer shall remove all such animals and, at his discretion, take those needing medical attention to a veterinarian or the animal shelter. The owner of any such animal shall be responsible for all expenses of the treatment and of the impoundment. Reasonable efforts will be made using the licensing records of the City to notify the owner or custodian of any such animal prior to the animal being treated and impounded. Injured animals may be destroyed humanely, if it is determined by the Community Services Officer or a veterinarian that the animal has sustained critical injuries, suffering is extreme, and/or the prognosis for recovery is poor. The Community Services Officer shall consult with a veterinarian as to the disposition of injured animals, when the animals' prognosis cannot be ascertained with reasonable certainty. Habitual Violations: 18 A. If, within any twelve (12) month period, a person has received three (3) notices of infraction for violations of this chapter, the Community Services Officer may serve a written abatement notice on the person or upon the owner/keeper of the animal that is the subject of the notices of infraction. No notice of infraction which a person has properly responded to and is actively pending, or that was decided on the merits adversely to the City, shall be included among the three (3) notices of infraction. Service of the abatement notice shall be accomplished by issuing a Notice of Violation and Order to Correct pursuant to MLMC Chapter 1.20. B. The Notice of Violation shall, at a minimum: C. D. 6.14.080 6.14.090 1. Identify the three (3) notices of infraction; 2. Identify the provision of this chapter that authorizes the abatement notice; and 3. Describe what the person receiving the abatement notice must do to comply with its terms and the deadline for doing so. This may include permanently transferring ownership, custody and control of the animal to another person not related to or residing with the person receiving the Notice; removing the animal from the City; or humanely causing such animal to be euthanized. The person receiving the abatement notice shall, upon request of the Community Services Officer, provide the Community Services Officer with a written statement signed under the penalty of perjury, stating how the person has complied with such abatement notice. Such person shall provide the Community Services Officer such other information as the Community Services Officer reasonably needs to substantiate compliance with the notice. In the event that the person receiving the abatement notice should fail to comply therewith, and in the further event that such person should not file a notice of appeal of such abatement notice as herein provided, or in the event that such person should fail to comply with such notice of abatement following affirmance thereof by a court, the animal which is the subject of such notice of abatement shall be deemed to be a public nuisance and it may be seized, impounded and disposed of as provided in this chapter; provided, however, that the owner/keeper of such animal shall not be entitled to redeem such animal after such seizure and impoundment. Dogs Barking: It shall be an infraction to keep or harbor any dog that disturbs others by engaging in loud behavior or barking. It shall be the duty of City Police Officers or Community Services Officers to respond to and investigate complaints of any dog which by frequent or habitual howling, yelping, or barking annoys or disturbs a neighborhood or the quiet and repose of a complainant, and shall have the authority to issue a notice of infraction. Animal Bites/Injuries: It shall be unlawful for any owner or custodian to permit an animal to bite or injure a human or domestic animal. Section 8. Chapter 6.16 of the Moses Lake Municipal Code titled "Exotic Animals" is created as follows: 6.16.010 6.1 6.020 6.16.030 CHAPTER 6.16 EXOTIC ANIMALS Chapter intent: It is the intent of the Moses Lake City Council to limit and set conditions on the possession or maintenance of exotic animals in order to preserve the public peace and safety and to assure the humane treatment of exotic animals. Definitions: The definitions in Chapter 6. 02 apply throughout this chapter unless the context clearly requires otherwise. Possession Unlawful -Exception -Rules and Regulations Compliance: The possession or maintenance of an exotic animal within the City of Moses Lake by private citizens as pets is 19 6.16.040 6 .16.050 A B. C. D. E. F. G. H. 6.16.060 6.16.070 prohibited unless the owner possessed or maintained the exotic animal on or before January 1, 2014, and agrees to promptly act to satisfy the licensing requirements of this title and such rules and regulations as the City Manager/Community Services Officer may adopt regarding the maintenance of the animals. License -Issuance Generally -Fees: The Finance Director may cause to be issued an exotic animal owner's license that shall authorize the licensee to possess or maintain all or some of such species of exotic an imals if the application is accompanied by payment of the license fee, contains the information required pursuant to th is title and meets the cage or confinement rules and regulations of the Community Services Officer. The fee for the license shall be as provided for in this title. All licenses shall expire one (1) year from the original application. License -Application -Content: A verified application for an exotic animal owner's license made in triplicate shall be filed by the applicant with the Community Services Officer. The application shall contain the following: A legal or otherwise adequately precise description of the premises that the applicant desires to use under the required license; Whether the applicant owns or rents the premises to be used; If the applicant rents the premises, a written acknowledgment by the property owner that the applicant has the owner's permission to carry on the activity as described in the license application for the duration of the license; The extent of improvement upon the premises; A map or diagram of the premises showing where the improvements are located thereon; A statement indicating the species of exotic animal that the applicant desires to possess or maintain; A statement indicating how the animal will be caged or otherwise confined, accompanied with a drawing detailing the dimensions of and the materials used for the cage or similar confinement; and Such further information as may be required by rules and regulations of the Community Services Officer. License -Issuance -Inspection: If, after investigation by the Community Services Officer, it appears that the applicant is the owner or tenant of or has a possessory interest in the property shown in the application; if applicable, has the written permission of the property owner and that the applicant intends in good faith to possess or maintain an exotic animal in accordance with the law and the rules and regulations of this Chapter, the Finance Director shall issue a license to the applicant describing therein the premises to be used by the licensee and certifying that the licensee is lawfully entitled to use the same for the possession or maintenance of the exotic animal or animals specified in the license. However, before issuing the license, the Community Services Officer shall inspect the cage or other confinement as required by rule or regulation and specified in the licensee's application in order to determine whether the cage or confinement meets the standard specifications for the classification of the exotic animal. If the cage or confinement is deemed inadequate, the applicant shall make such changes as are necessary to meet the standard specifications before the license shall be issued. Periodic Inspection of Premises: The Community Services Officer, or any other officer authorized by the City Manager, may make routine periodic inspections of a licensee's premises and records in order to determine the number, kind, weight and conditi on of exotic animals possessed by the licensee, and for purposes of enforcing this chapter and the rules 20 6.16.080 6.16.090 6. 16. 100 A B. C. 6.16.110 A B. and regulations herein. License Revocation -Notice -Hearing: The Finance Director may revoke, suspend or refuse to renew any exotic animal owner's license upon good cause for fa ilure to comply with any provision of this chapter or the rules and regulations of the Community Services Officer authorized by this chapter, though the violator shall be first notified of the specific violation or violations and, if the violation can be remedied, the violator shall have fifteen (15) calendar days after receiving the notice of violation to correct the violation. Also, enforcement of such revocation, suspension or refusal shall be stayed during the pend ency of an appeal filed in the matter. Violation -Penalty: Any person possessing or maintaining an exotic animal in Moses Lake without an exotic animal owner's license as provided herein, or transferring possession of an exotic animal to a person not licensed as provided by this chapter, is guilty of a civil infraction and shall be subject to a penalty as provided for in Chapter 6.18 for failing to properly obtain a license. Any exotic animal maintained or possessed within the City in violation of any other provision of this Chapter shall be deemed a public nuisance and the owner shall be subject to a Notice of Violation and Order to Correct pursuant to MLMC Chapter 1.20. Euthanasia in Exigent Circumstances: An exotic animal possessed or maintained in violation of this chapter or the rules and regulations of the Community Services Officer may be subject to euthanasia if any one of the following exigent circumstances is deemed to exist by the Community Services Officer: The exotic animal presents an imminent likelihood of serious physical harm to the public and there is no other reasonably available means of abatement; There is no reasonable basis to believe that the violation can be or in good faith will be corrected and after reasonable search or inquiry by the Community Services Officer no facility as authorized by local, state or federal law is available to house the exotic animal; or The exotic animal suffers from a communicable disease injurious to other animals or human beings, though this subsection shall not apply if the animal is under treatment by a licensed veterinarian and may reasonably be expected to recover without infecting other animals or human beings. Chapter limitations: The purpose of this chapter is to prohibit the private ownership of exotic animals as pets. Therefore, the provisions of this chapter shall not apply to any facility possessing or maintaining exotic animals as defined in this chapter which is owned, operated, or maintained by the City, County, State or the federal government, including but not limited to public zoos, nor shall it apply to museums, laboratories and research facilities maintained by scientific or educational institutions, nor to private or commercial activities such as circuses, fairs, or private zoological parks which are otherwise regulated by law, norto any recognized program engaged in the training of exotic animals as defined in this chapter for use as service animals by disabled citizens. Breeding, or allowing the reproduction of, exotic animals as defined in this chapter is prohibited; provided, that this prohibition shall not apply to any governmental facility possessing or maintaining exotic animals, nor shall it apply to private or commercial activities as set forth in subsection A of this section. Section 9. Chapter 6.18 of the Moses Lake Municipal Code titled "Penalties and Enforcement" is created as follows: CHAPTER 6.18 PENAL TIES AND ENFORCEMENT 21 6.18.010 A. B. C. D. E. 6.18.020 Notice of Violation and Order to Correct: When the Community Services Officer determines that any violation of Title 6 requires further and/or additional enforcement action, he or she may proceed against that violation using the procedures provided in this section and Chapter 1.20. Notice of Violation and Order to Correct or Cease Activity: 1. General. If the Community Services Officer or any Police Officer determines that any activity or condition, related to the keeping or management of animals as set forth in Title 6 exists that does not conform to this Title, he or she may issue a Notice of Violation and Order to Correct or Cease Activity. This Notice will specifically indicate the following: a. The name and address of the person(s) charged with the violation. b. What provision of this Title is being violated. c. The street address of the site on which the violation has been determined to exist. d. What is necessary to correct the violation. e. The time by which the violation is to be corrected or activity ceased. f. A statement that the civil penalties established in Section 1.20.050(E) shall be assessed against the person(s) cited if the violation is not corrected within the specified time period. 2. Notice to Occupant and Owner. The Community Services Officer shall deliver or cause to be delivered the Notice of Violation and Order to Correct or Cease Activity by U.S. postal mail, or certified mail return receipt requested, or personal service to the occupant or person in charge of the property. Appeals. Any Notice of Violation and Order to Correct or Cease Activity issued by the Community Services Officer shall be appealable to the Hearing Examiner as provided in Chapter 1.20. Penalties. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued shall be subject to the penalties provided for in Section 1.20.050(E). The cumulative penalty provided for in Chapter 1.20 shall not preclude the initiation of appropriate legal action to correct the violation. The Community Services Officer may refer the matter to the City Attorney for civil enforcement by injunction or other appropriate action. Compromise, Settlement, and Disposition of Disputes or Litigation. The Community Services Officer and the City Attorney may negotiate a settlement or compromise, or otherwise dispose of a dispute or litigation when to do so would be in the best interests of the City. Penalty: Failure to comply with any provisions of this chapter other than sections identified in MLMC 6.18.010 shall subject the violator to the following penalties as they are defined in Chapter 1.08 of this code: Violation MLMC Code Penalty Section Failure to obtain license 6.04.030 First offense-C- 13 ($100.00) 22 Violation MLMC Code Penalty Section Second offense within 12 months-C-7 ($200.00) Failure to renew license 6.04.030 C-11 ($140.00) Failure to keep required records 6.04.020 C-1 3 ($100.00) Failure to affix license 6.04.030(8) C-20 ($25.00) False representation 6.04.030(E) C-7 ($200.00) Use of license on another animal 6.04.030(F) C-7 ($200.00) Failure to obtain or maintain kennel license 6.04.040 C-7 ($200. 00) Failu re to dispose of an imal whose permit/license 6.04.050(8) C-7 ($200.00) has been revoked Failure to provide evidence of current rabies 6.06.010(8) C-13 ($100.00) vaccination Failure to affix rabies tag 6.06.010(8) C-20 ($25.00) Failure or refusal to confine or produce, or the 6.06.01 O(C)(D)(E) C-4 (500.00) destruction of, a biting animal Failure to report bite injury or rabies diagnosis 6.06.01 O(F)(G)(H) C-4 ($500.00) Keeping of animal in violation of WAC 246-100-6.06.01 O(A) C-13 ($100.00) 191 Failure to pay/renew registration fee for potentially 6.10.110 C-7 ($200.00) dangerous dog Keeping dangerous dog in city limits 6.10.120(A) C-1 ($1,000.00) Failure to register potentially dangerous dog 6.10.120(8) C-4 ($500.00) Failure to keep potentially dangerous dog in 6.10.120(C) C-4 ($500.00) required enclosure Failure to properly muzzle and/or restrain a 6.10.120(0) C-4 ($500.00) potentially dangerous dog Dangerous dog at large 6.10.130 C-1 ($1,000.00) Livestock at large 6.14.010 First offense-C-4 ($500.00) Each subsequent offense-C-1 ($1,000.00) Failure to com ply with restrictions and conditions 6.14.020 C-7 ($200.00) for keeping guard dogs 23 Violation MLMC Code Penalty Section Failure to confine female in heat 6.14.030 First offense-C-7 ($200.00) Each subsequent offense-C-5 ($400.00) Interference with community services officer 6.14.040 C-4 ($500.00) Dog at large 6.14.060 First offense-C- 17 ($50.00) Second offense-C-13 ($100.00) Each subsequent offense-C-4 ($500.00) Section 10. 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 March_, 2015. Dick Deane, Mayor ATTEST: Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney 24