Loading...
03252014 Part 2March 18, 2014 Honorable Mayor and Moses Lake City Council Dear Council Members C I TY OF MOSES LAf<E Attached is a proposed ordinance amending Chapter 17.27 of the Moses Lake Municipal Code entitled "Open Space and Parks". This proposed ordinance is a follow up to the conversation that the City Council had with City staff with regard to the non-existence of subareas in the Comprehensive Plan. In order to clarify reality, the language referencing sub areas with regard to the expenditure of fees in lieu is proposed to be eliminated. The ordinance is presented for Council consideration. This is the second reading of the ordinance. , 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. 2709 AN ORDINANCE AMENDING CHAPTER 17.27 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "OPEN SPACE AND PARKS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 17 .27 of the Moses Lake Municipal Code entitled "Open Space and Parks" is amended as follows: 17.27.060 Fee in Lieu of Open Space Dedication: A. Unless land within a proposed development is dedicated in accordance with 17.27.040, final approval of the development shall be contingent upon payment of a fee-in-lieu of dedication from the property owner to the City. The fee so collected shall be appropriated only for the acquisition and development of open space, park sites, and recreational facilities. witl'lin tl'le Comprel'lensive Plan sub area wl'lere tl'le proposed development is located. Such acquisition and development shall be consistent with the City's Comprehensive Plan. Expenditure of such fees shall only be through capital budget and program appropriations by the City Council. Fees collected shall be allocated to a neighborhood park, open space, or recreation project and shall be expended within five (5) years of fee acceptance. B. The fee-in-lieu of dedication of open space for a single family residential development shall be five percent (5%) of the value of the gross area of the proposed development or multiple family residential development shall be ten percent (10%) of the value of the gross area of the proposed development. C. The fee-in-lieu of dedication of open space shall be due and payable prior to project approval. For subdivisions and binding site plans, recording will be withheld until payment is received. For building permit applications, building permits will not be issued until payment is received. Such fee shall be deposited by the City in the appropriate open space fund of the City. If such fee is not expended within five (5) years of receipt by the City for its intended use, upon written demand to the Finance Director, the fee will be refunded to the current owner of such residence or lot to which the fee is attributable. Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on March 25, 2014. Dick Deane, Mayor ATTEST: W . Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney March 18, 2014 TO: FROM: SUBJECT: City Manager For City Council Consideration Municipal Services Director Ordinance -Amend MLMC 3.62 -Utility System Development Charges -First Reading Attached is an ordinance that amends Moses Lake Municipal Code 3.62, entitled "Utility System Development Charges". This would update the system development charges to reflect the 2013 consumer price index (CPI), which was 1.8%. The attached memo was presented at the 2014 City Council Retreat. This ordinance is presented for Council consideration. This is the first reading of the ordinance. Respectfully Submitted, ~H:J~\\~ Municipal Services Director ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3.62 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "UTILITY SYSTEM DEVELOPMENT CHARGES" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 3.62 of the Moses Lake Municipal Code entitled "Utility System Development Charges" is amended as follows: 3.62.010 Water System Development Charges: A system development charge (SDC) shall be assessed on all properties that connect to the City's water system, in the amount shown below. The charge shall be paid before the City will turn on the water service and before the City will activate a water service account. The charge shall be shown on the Utility Service Request form. For multiple services, the water system development charge shall be due for each water service that is activated. Meter Size Water SDC 3/4" $1 093 $+,&f-3 1" $1 857 $+,824 1 ~" $3699~ 2" $5 941 $5;B35 3" ~11,208$11 ,999 4" $22 412 $22,915 6" $46 720 $45,893 8" $88 628 $8il,969 10" ~135,596 $B3,198 3.62.020 Sewer System Development Charges: A system development charge (SDC) shall be assessed on all properties, in the amount shown below, that connect to the City's sewer system . The charge shall be paid prior to discharging into the City's sewer system. The charge shall be shown on the Utility Service Request form. For properties with multiple water services, the sewer system development charges shall be due for each water service that is activated; except that sewer system development charges shall not be due for water services that are irrigation only services. Water Meter Size to Property Sewer SDC 3/4" $386 $3-?9 1" $658 $646 1~" $1 ,307~ 2" ~$r,663 3" $3 956 $3;-B86 4" $7912~ 6" $16 494 $16 292 Water Meter Size to Property Sewer SDC 8" $31 286 $39,iZ32 10" ~47,891 $4iZ,944 Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on April 8, 2014. Dick Deane, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney February 28, 2014 To: From: Subject: City Manager For Council Retreat Information Municipal Services Director Future Water and Sewer Expenditures Five-year Forecast The water and sewer construction projects that need to be completed in the next five years are listed below. This list is constantly being increased because of the industrial and residential growth, and the system problems that arise. All the estimated construction costs are current values and include engineering. The costs are expected to increase with inflation, which is similar with the CPL Annual increases based on the CPI only allows the same amount of construction as previous years since the increased construction costs increases with inflation. Without a CPI increase, there will be less construction because of stagnate revenues and increased prices. All of the construction expenditures will be paid by the water and sewer construction fund 4 77. The additional staff will be paid by the water and sewer operations fund 411 & 412, and the payment for the 2011 revenue bond will be paid by the Water and Sewer Fund 410. 2014 Water Raise Reservoir 7 Replace steel water mains Wheeler Road POV Water System Repairs Developer Projects 2014 Sewer Sand Dunes forcemain Biosolids disposal Line manholes Clover Lift Station Rebuild Developer Projects 2011 Bond Total Construction Projects Five year average Revenue Deficiency Two additional water maintenance workers -hired 2013 $1,100,000 $ 500,000 $ 40,000 $ 150,000 $ 100,000 $2,000,000 $ 150,000 $ 300,000 $ 500,000 $ 100,000 $4,940,000 $2,021 ,800 ($2,918,200) $ 564,000 $ 140,000 Future Water and Sewer Expenditures -Five-year Forecast Page 2/4 2015 Water Rehabilitate one well -electrical, controls, new building Install Lakeway Drive watermain -increase fire flow Parks -shallow well Replace Larson meters, setters, tiles and service lines Install watermain Wheeler Zone Reroute watermain located from under the Genie Building Replace Larson meters, setters, tiles and service lines Replace the WWTF headwords building Developer Projects 2015 Sewer Biosolids disposal Line manholes Upgrade lift Station -electrical, controls, pump Developer Projects 2011 Bond Total Construction Projects Five year average Revenue Deficiency Two additional water division maintenance workers -hired 2013 2016 Water Rehabilitate two wells -electrical, controls, new building Replace Larson meters, setters, tiles and service lines Replace steel watermains Install Ashley Way & Eastlake watermain -increase fire flow Install pressure reducing valve Balsam & Hill Developer Projects 2016 Sewer Biosolids disposal Line manholes Upgrade lift station -electrical, controls, pump Mae Valley sewer -developer driven Developer Projects 2011 Bond Total Construction Projects Five year average Revenue Deficiency Two additional water maintenance workers -hired 2013 Two additional wastewater maintenance workers -hired 2016 $ 500,000 $ 135,000 $ 95,000 $ 550,000 $ 500,000 $ 70,000 $ 600,000 $ 200,000 $ 100,000 $ 150,000 $ 300,000 $ 250,000 $ 100,000 $1,000,000 $ 600,000 $ 490,000 $ 28,000 $ 45,000 $ 100,000 $ 150,000 $ 350,000 $ 250,000 $1 ,000,000 $ 100,000 $3,550,000 $2,021,800 ($1 ,528,200) $ 564,000 $ 140,000 $4,113,000 $2,021,800 ($2,091,200) $ 564,000 $ 140,000 $ 140,000 Future Water and Sewer Expenditures -Five-year Forecast Page 3/4 2017 Water Rehabilitate one well -electrical, controls, new building Replace steel water main Install fire hydrant foot valves -Larson Cascade lake crossing -developer driven Relocate pressure reducing on Division Additional water well -Wheeler Zone Developer Projects 2017 Sewer Biosolids disposal Line manholes Upgrade lift station -electrical, controls, pump Cascade lake crossing -developer driven 2011 Bond Total Construction Projects Five year average Revenue Deficiency Two additional water maintenance workers -hired 2013 Two additional wastewater maintenance workers -hired 2016 Total 2017 Expenditures 2018 Water Rehabilitate 2 wells -electrical, controls, new building Replace steel water main Replace Larson meters, setters, tiles and service lines Operations -additional building Developer Projects 2018 Sewer Biosolids disposal Line manholes Upgrade lift station -electrical, controls, pump Cascade lake crossing -developer driven COF building Developer Projects 2011 Bond Total Construction Projects Five year average Revenue Deficiency Two additional water maintenance workers -hired 2013 Two additional wastewater maintenance workers -hired 2016 $ 500,000 $ 500,000 $ 400,000 $ 800,000 $ 50,000 $1,500,000 $ 100,000 $ 150,000 $ 350,000 $ 250,000 $ 800,000 $1,000,000 $ 500,000 $ 600,000 $ 400,000 $ 100,000 $ 150,000 $ 350,000 $ 250,000 $ 800,000 $ 200,000 $ 100,000 $5,400,000 $2,021,800 ($3 ,3 78,200) $ 564,000 $ 140,000 $ 140,000 $4,450,000 $2,021,800 ($2,428,000) $ 564,000 $ 140,000 $ 140,000 Future Water and Sewer Expenditures -Five-year Forecast Page 4/4 Five Year Expenditure History The water and sewer expenditures that were paid by water and sewer construction fund 4 77 for the years of 2006 -2010 are listed below. The expenditures for 2011 and 2012 were not used because there is a mixture of funding from the 2011 revenue bond, which totaled $4,905,000. Year Amount Total 5 Year Average 2006 $1,935,000 2007 $2,243,000 2008 $2,282,000 2009 $1,687,000 2010 $1,962,000 $10,109,000 $2,021,800 March 19, 2014 TO: City Manager for Council Consideration FROM: Finance Director SUBJECT: Ordinance -Amend 8.08 -Garbage Rates -151 Reading Attached is a proposed ordinance amending Chapter 8.08 of the Moses Lake Municipal Code entitled Garbage Collection by establishing a discount for certain low income senior citizens. The proposed ordinance is presented for Council consideration. This is the first reading of the ordinance. Respectfully submitted W. Robert Taylor, Finance Director WRT:jt ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8.08 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "GARBAGE COLLECTION" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 8.08 of the Moses Lake Municipal Code entitled "Garbage Collection" is amended as follows: 8.08.142 Service Discounts for Certain Low Income Senior Citizens: A. A program for discounts to the billings for solid waste utility services for certain low income seniors is established in order to provide support for certain low income seniors. The City Manager is authorized and directed to administer said program and in such connection may establish administrative rules to carry out the intent and purpose of the ordinance. ~ To implement the program provided for in subsection A of this section, low income senior citizens shall show satisfactory proof that he or she: 1:. Is sixty five (65) years of age or older. ~ Has a maximum annual household income at or below one hundred twenty-five percent (125%) of federal poverty guidelines. ~ Is a single occupant or the head of a household or the spouse of the head of the household. 4. Resides in the dwelling unit served by the solid waste, sewer, and water utility. 5. Is billed or is the spouse of a person billed by the solid waste, sewer, and water utility. Applicants shall verify such information and shall provide such other data as is deemed appropriate upon forms prepared and in the manner determined by the City. C. Persons qualified by the City as eligible recipients of a low income senior citizen discount provided for in this section shall be granted a discount against the charges assessed under Section 8.08.140 of this code. ~ The Finance Director is authorized to discount the total amount of charges made under Section 8.08.140 of this code to qualified low income senior citizens by fifty percent (50%). Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on April 8, 2014. Dick Deane, Mayor ATTEST: APPROVED AS TO FORM W . Robert Taylor, Finance Director Katherine L. Kenison, City Attorney March 20, 2014 TO: City Manager for Council Consideration FROM: Finance Director SUBJECT: Ordinance -Garbage Collection -1st Reading Attached is a proposed ordinance which establishes new garbage rates. The rates will take effect June 9, 2014 and set an equitable rate amongst the three residential cart sizes and increases the commercial rates by 8%. The ordinance is presented for Council consideration . This is the first reading of the ordinance. Respectfully submitted WRT:jt ORDINANCE NO. AN ORDINANCE ESTABLISHING CHARGES FOR GARBAGE COLLECTION THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Beginning with billings after June 9, 2014, charges for categories of garbage collection shall be in accordance with the fee schedule set out in Schedule A, which is attached to this ordinance and by this reference incorporated within the ordinance. Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on April 8, 2014. Dick Deane, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Ken ison, City Attorney SCHEDULE A New Prior rates Codes Description Schedule A Schedule A Code Garbage Tags 2.50 2.50 GB005A Residential 1st 96 Gallon Cart 27.84 25.00 GB006A Residential 1st 64 Gallon Cart 18.56 18.50 GB007A Residential 1st 48 Gallon Cart 13.92 13.00 GBOlOA Residential 2nd 96 Gallon Cart 27.84 25 .00 GBOllA Residential 2nd 64 Gallon Cart 18.56 18.50 GB012A Residential 2nd 48 Gallon Cart 13.92 13.00 GB015A Senior 1st 96 Gallon Cart 13.92 12.50 GB016A Senior 1st 64 Gallon Cart 9.28 9.25 GB017A Senior 1st 48 Gallon Cart 6.96 6.50 GB020A Senior 2nd 96 Gallon Cart 13.92 12.50 GB021A Senior 2nd 64 Gallon Cart 9.28 9.25 GB022A Senior 2nd 48 Gallon Cart 6.96 6.50 GB025A Delivery 2nd Cart 5.50 5.00 GB030A Pickup 2nd Cart 11.00 10.00 GB035A Duplex 1 Meter 2 Carts 22.05 21.00 GB040A Duplex 1 Meter 1 Cart 12.50 11.90 GB105A 1Can1 Time a Week 10.65 9.85 GBl lOA 1 Can 2 Times a Week 17.15 15.90 GB120A 2 Cans 1 Time a Week 15.75 14.60 GB125A 3 Cans 1 Time a Week 21.35 19.75 GB130A 4 Cans 1 Time a Week 26.85 24.85 GB140A 5 Cans 1 Time a Week 32.40 30.00 GB145A 6 Cans 1 Time a Week 37.95 35.15 GB155A Commercial 65 Gallon Cart 1 Time a Week 16.75 15.50 GB160A Commercial 65 Gallon Cart 2 Times a Week 27.55 25.50 GB165A Commercial 95 Gallon Cart 1 Time a Week 22.15 20.50 GB170A Commercial 95 Gallon Cart 2 Times a Week 38.60 35.75 GB175A Commercial 95 Gallon Cart Extra Pickup 11.35 10.50 GB200A 1 Yard Dumpster 1 Time a Week 35.80 33.15 GB210A 1 Yard Dumpster 2 Times a Week 63.35 58.65 GB215A 1 Yard Dumpster 3 Times a Week 89.85 83.20 GB218A 1 Yard Dumpster 5 Times a Week 119.35 110.50 GB220A Extra Pickup 1 Yard Dumpster 45.45 42.08 GB225A 1.5 Yard Dumpster 1 Time a Week 49.00 45.35 GB230A 1.5 Yard Dumpster 2 Times a Week 85.90 79.55 GB235A 1.5 Yard Dumpster 3 Times a Week 122.95 113.85 GB240A Extra Pickup 1.5 Yard Dumpster 46.35 42.93 GB245A 2 Yard Dumpster 1 Time a Week 58.95 54.60 GB250A 2 Yard Dumpster 2 Times a Week 103.15 95.50 GB255A 2 Yard Dumpster 3 Times a Week 147.70 136.75 GB260A 2 Yard Dumpster 4 Times a Week 192.65 178.40 GB265A 2 Yard Dumpster 5 Times a Week 239.10 221.40 GB270A Extra Pickup 2 Yard Dumpster 47.30 43.78 Garbage Analysis Starting 2013.123 SCHEDULE A New Prior rates ~ Description Schedule A Schedule A GB275A 3 Yard Dumpster 1 Time a Week 81.65 75.60 GB280A 3 Yard Dumpster 2 Times a Week 143.10 132.50 GB285A 3 Yard Dumpster 3 Times a Week 204.95 189.75 GB287A 3 Yard Dumpster 4 Times a Week 269.45 249.50 GB288A 3 Yard Dumpster 5 Times a Week 339.65 314.50 GB290A Extra Pickup 3 Yard Dumpster 66.45 61.55 GB295A 4 Yard Dumpster 1 Time a Week 101.55 101.95 GB300A 4 Yard Dumpster 2 Times a Week 196.60 182.05 GB310A 4 Yard Dumpster 3 Times a Week 279.10 258.45 GB315A 4 Yard Dumpster4 Times a Week 363.50 336.60 GB320A 4 Yard Dumpster 5 Times a Week 451.20 417.80 GB325A Extra Pickup 4 Yard Dumpster 82.60 76.50 GB330A 6 Yard Dumpster 1 Time a Week 140.40 130.00 GB335A 6 Yard Dumpster 2 Times a Week 267.85 248.00 GB340A 6 Yard Dumpster 3 Times a Week 394.20 365.00 GB345A 6 Yard Dumpster 4 Times a Week 519.50 481.00 GB350A 6 Yard Dumpster 5 Times a Week 643.70 596.00 GB352A Extra Pickup 6 Yard Dumpster 93.95 87.00 GB355A 8 Yard Dumpster 1 Time a Week 192.25 178.00 GB360A 8 Yard Dumpster 2 Times a Week 361.80 335.00 GB365A 8 Yard Dumpster 3 Times a Week 529.20 490.00 GB370A 8 Yard Dumpster 4 Times a Week 691.20 640.00 GB375A 8 Yard Dumpster 5 Times a Week 847.80 785.00 GB380A Extra Pickup 8 Yard Dumpster 113.40 105.00 GB390A Extra 1/2 Yard 6.45 5.95 GB395A Extra Bag, Box or Bundle 3.00 2.3 1 GB405A Temporary Delivery 21.60 20.00 GB420A Temporary 2 Yard Dumpster 27.00 25.00 GB425A Temporary 2 Yard Dumpster Rental 4.60 4.25 GB440A Temporary 4 Yard Dumpster 43.20 40.00 GB445A Temporary 4 Yard Dumpster Rental 7.35 6.80 GB460A Temporary 6 Yard Dumpster 59.40 55.00 GB465A Temporary 6 Yard Dumpster Rental 9.30 8.60 GB480A Temporary 8 Yard Dumpster 76.05 70.40 GB485A Temporary 8 Yard Dumpster Rental 11.25 10.40 GB505A 10 Yard Roll-off 1 Time a Month 329.40 305.00 GB510A 10 Yard Roll-off Extra Pickup 243.00 225.00 GB515A 10 Yard Roll-off 1 Time a Week 750.60 695 .00 GB520A 20 Yard Roll-off 1 Time a Month 395.70 366.40 GB525A 20 Yard Roll-off Extra Pickup 282.40 261.50 GB530A 20 Yard Roll-off 1 Time a Week 863.30 799.35 GB535A 20 Yard Roll-off 2 Times a Month 562.40 520.75 GB540A 30 Yard Roll-off 1 Time a Month 476.00 440.75 GB545A 30 Yard Roll-off Extra Pickup 331.85 307.30 Garbage Analysis Starting 2013.123 SCHEDULE A New ~ Description Schedule A GB550A 30 Yard Roll-off 1 Time a Week 1,139.30 GB555A 30 Yard Roll-off2 Times a Week 2,201.25 GB560A 30 Yard Roll-off2 Times a Month 723.60 GB565A 40 Yard Roll-off 1 Time a Month 699.80 GB570A 40 Yard Roll-off Extra Pickup 378.90 GB575A 40 Yard Roll-off 1 Time a Week 1,280.85 GB577A 40 Yard Roll-off 2 Times a Week 2,561.65 GB580A Temporary Delivery 0.00 GB585A Temporary Rent 0.00 GB595A 2 Yard Compactor 1 Time a Week 130.15 GB600A 2 Yard Compactor Extra Pickup 66.45 GB605A 10 to 15 Yard Compactor 1 Time a Week 907.00 GB610A 10 to 15 Yard Compactor 1 Time a Month 289.50 GB615A 10 to 15 Yard Compactor 2 Times a Month 524.85 GB620A 10 to 15 Yard Compactor Extra Pickup 270.45 GB625A 16 to 20 Yard Compactor 1 Time a Week 1,310.70 GB630A 16 to 20 Yard Compactor 1 Time a Month 360.85 GB635A 16 to 20 Yard Compactor Extra Pickup 331.65 GB640A 21to30 Yard Compactor 1 Time a Month 422.75 GB645A 21 to 30 Yard Compactor Extra Pickup 351.75 GB650A 21 to 30 Yard Tum Around 1 Time a Month 467.05 GB655A 21 to 30 Yard Tum Around Extra Pickup 396.05 GB660A 31 to 40 Yard Compactor 1 Time a Month 540.00 GB665A 31 to 40 Yard Compactor Extra Pickup 367.20 GB670A 30 Cans Downtown 34.70 GB710A 15 Minutes Manpower 16 GB720A 15 Minutes Truck 10.00 GB730A Return Trip 10.00 RECRFN As Available REC PEN 10.00 Nonconfonning services will be billed at the nearest higher rate shown in the above schedule for the type of service rendered. Commercial accounts may pick any combination or quantity of services shown in the above and be billed on one account. Yardage or landfill charge -special service amount charged at landfill multiplied by 1.50. Garbage Analysis Starting 2013.123 Prior rates Schedule A 1,054.90 2,038.20 670.00 647.95 350.85 1,185.95 2,371.90 0.00 0.00 120.50 61.55 839.80 268.05 485.95 250.40 1,213.60 334.10 307.10 391.45 325.70 432.45 366.70 500.00 340.00 34.70 11.65 7.20 10.00 As Available 10.00 CllY OF MOSES LAKE RATE ANALYSIS JAN 2014 Description RESIDENTIAL RES! 1st 96 CART RESI 1st 64 CART 6118.0 Total accounts Fee $25.00 $18.50 $13.00 t $12.50 $9.25 ----J... RESI 1st 48 CART Senior 1st 96 CART ~"!or 1st 64 CART Senior..~t 4!!_~R!.. DELIVERY 2ND CART PICKUP OF 2ND CART DUP 1 MTR 2CARTS DUP 1ND MTR 1 CART EXTRA GARBAGE TAGS $6.50 $5.00 $10.00 $21.00 $11.90 $2.50 City Lakeside Rate $14.63 $10.37 $14.63 $3.87 $14.63 ($1.63) $14.63 ($2.13) $14.63 ($5.38) $14.63 ($8.13) $5.52 ($0.52) $11.01 ($1.01) $10.60 $10.40 $5.30 $6.60 $0.73 $1.77 Monthly total 4,749.42 3,083.87 (6,288.84) (216.85) (683.86) (6,292.70) (8.84) (1.01) 20.80 0.00 38.94 (5,599.07) CURRENT 2014 New Rate 26.25 19.43 13.65 13.13 9.71 6.83 5.25 10.50 22.05 12.50 2.63 ~ New 2015 City New City (Projected 1.8% CPI) New Rate Revenue Contractor increase in Sept Fee 11.62 5321.91 $14 89 11.36 5,201.30 27.56 4.80 3820.97 $14.89 4.53 3,611.12 20.40 (0.98) (3781.02) $14.89 (1.24) (4.797.03) 14.33 (1.51) (153.22) $14.89 (1.77) (180.03) 13.78 (4.92) (625.07) $14.89 (5.18) (658.55) 10.20 (7.81) (6041.15) $14.89 (8.07) (6,244.97) 7.17 (0.27) (4.59) $5.62 (0.37) (6.28) 5.51 (0.51) (0.51) $11.21 (0.71) (0.71) 11.Q3 11.45 22.90 $10.79 11.26 22.52 23.15 7.20 0.00 $5.40 7.10 0.00 13.12 1.90 41.69 $0.74 1.88 41.40 2.76 (1398.09) (3,011.23) June -Aug Sept· April 2014 2014-2015 equal 0.29 rate/gallon New current Proposed New City New City (Projected 2.0% CPI) rate New " City Monthly Rate Revenue Contractor increase In See:t per gal Fee Increase Rate total 12.67 5,802.42 $15.19 $12.37 5,666.00 0.260 27.84 1136 13.21 6,050.12 5.50 4,385.08 $15.19 $5.21 4,147.72 0.289 18.56 0.32 3.93 3,131.68 (0.56) (2,163.82) $15.19 ($0.86) (3,313.0S) 0.271 13.92 7.08 (0.71) (2,739.31) (1.11) (113.22) $15.19 ($1.41) (143.54) 13.92 11.36 (0.71) (72.28) (4.70) (596.82) $15.19 ($4.99) (634.68) 9.28 0.32 (5.35) (680.0S) (7.73) (5,980.84) $15.19 ($8.02) (6,211.39) 6.96 7.08 (7.67) (5,936.65) (0.11) (1.82) $5.73 ($0.22) (3.73) 6.00 20.00 0.48 8.16 (0.18) (0.18) $11.43 ($0.41) (0.41) 11.00 10.00 (0.01) (001) 12.36 24.72 $11.Ql $12.15 24.29 21.00 0.00 10.40 20.80 7.72 0.00 $5.50 $7.62 0.00 11.00 ·7.56 5.70 0.00 2.01 44.29 $0.76 $2.00 43.96 2.50 0.00 1.77 38.94 1,399.81 (424.83) 6.254 (178.60) May-Aug Sept -April average 2015 2015-2016 % Increase 0.3 per gal " Monthly difference Fee Increase City total frm 5% $0.75 0.281 27.00 8.00 12.37 5,665.41 ($0.23) 0.300 19.20 3.78 4.57 3,641.67 $0.35 0.292 14.00 7.69 (0.63) (2,430 66) 0.141 13.50 (1.13) (115.04) 83,827.72 0.150 9.60 (5.03) (639.37) 89,693.00 0.146 7.00 (7.63) (5,905 69) % increase of total revenue 0.07 6.492 216.32 average March 19, 2014 Honorable Mayor and Moses Lake City Council Dear Council Members C I T Y Of MOSES LAKE Attached is a proposed ordinance with regard to nuisances and weed control. The draft of this ordinance is provided as a result of conversations with the City Council at the last Council/staff retreat. This proposed ordinance reflects the current manner of weed enforcement in the City of Moses Lake, getting very specific as to how different properties are treated . The proposed ordinance is presented for Council consideration. This is the first reading of the ordinance. 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 AMENDING CHAPTER 8.14 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "NUISANCES" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 8.14 of the Moses Lake Municipal Code entitled "Nuisances" is amended as follows: 8.14.030 Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. A The existence of any trash, dirt, filth, and carcass of any animal, waste shrubs, accumulation of lawn or yard trimmings or other offensive matter. B. Defective or overflowing septic or sewage systems, and the existence of any noxious, foul, or putrid liquid or substance which poses ·a health hazard or creates a noxious odor. C. Any man-caused pool of standing or stagnant water, except storm drainage systems, which serves as a breeding area for insects. D. Accumulation of garbage, decaying vegetation, manure, dead animals, or other noxious things in a street or alley, or on public or private property to an extent injurious to the public health as determined by the Health Officer. E. All other acts, failure to act, occupations, or use of property which is determined by the Health Officer to be a menace to the health of the public. F. All limbs of trees which are less than seven (7) feet above the surface of any public sidewalk, or twelve (12) feet above the surface of any street. G. All buildings, other structures, or portions thereof which have been damaged by fire, decay, neglect, or have otherwise deteriorated or become dilapidated so as to endanger the safety of the public. H. All explosives, flammable liquids, and other dangerous substances stored or used in any manner in violation of the State Fire Code. I. The keeping or harboring of any dog, fowl, or other animal which by frequent or habitual howling, yelping, barking, crowing, or in the making of other noises, annoys or disturbs the public, or the habitual allowing of dogs kept at any one address to run at large in violation of Chapter 6.05 of the Moses Lake Municipal Code entitled "Animal Control". J. Making or causing to be made by any means whatsoever any noise of any kind which is a violation of Chapters 8.28 of the Moses Lake Municipal Code entitled "Noise Control". K. The frequent, repetitive, or continuous sound made by any secured, unsecured, or deteriorated membrane or sheet metal, being moved by the wind or other source, which unreasonably interferes with the peace, comfort and repose of adjacent property owners or possessors. L. Dumping, throwing, placing, leaving or causing or permitting to be dumped, thrown, placed or left, any filth, paper, cans, glass, rubbish, trash garbage, grass trimmings, shrub trimming, and shrubbery of any kind, in or upon any street, alley, sidewalk, ditch, or public or private property of another in the city. M. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, or whole or any part of any dead animal, fish or fowl , or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles. 2. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or malodorous. 3. Any filthy, littered or trash-covered dwellings, cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings or premises. 4. Any animal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the city. 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 6. Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or galvanized iron receptacles. 7. Any trash, litter, rags, accumulations or empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire hazard. N. The permitting to remain outside any dwelling, building, or other structure, or within any unoccupied or abandoned building, dwelling, or other structure, in a place accessible to children, any abandoned, unattended, or discarded ice chest, refrigerator or other airtight contained, which does not have the door, lid or other locking device removed. 0 . Any pit, hole, basin or excavation which is unguarded or dangerous to life or has been abandoned, or is no longer used for the purpose constructed, or is maintained contrary to statutes, ordinances, or regulations. P. Any well or storage tank permitted to remain on any public or private property without being securely closed or barring any entrance or trap door thereto, or without filling or capping any well. Q . The repair or abandonment of any automobile, truck, or other motor vehicle of any kind upon the public streets or alleys of the city. R. The keeping or permitting the existence of any bees or other insects, reptiles, rodents, fowl, or any other animals, domestic or wild, in any manner contrary to law, or which affect the safety of the public. S. The existence of any fence, other structure, or thing on private or public property abutting or fronting upon any public street, sidewalk, or place, which is sagging, leaning, fallen, decayed or is otherwise dilapidated and creating an unsafe condition. T. The existence of any vine, shrub, or plant growing on, around, or in front of any fire hydrant, utility pole, utility box, or any other appliance or facility provided for fire protection, public or private utility purposes in such a way as to obscure from view or impair access thereto. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. Compliance shall be required as follows: ~ Property with no sidewalks/activity trail or building on the property shall be exempt. ~ Property with sidewalks/activity trail but no building shall be required to control vegetation within ten feet (1 O') of the back of the property side of the sidewalks/activity trail. l. Property with sidewalks/activity trail and a building shall be required to control vegetation on the entire piece of property. 4§.. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2Q. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan , which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. V. The existence of any dead, diseased, infected, or dying tree, shrub, or other vegetation which may pose a danger to vegetation, crops, property, or persons. W. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard. X. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material. Y. The storage or keeping on any premises for more than thirty days of any used or unused building materials as defined in Section 8.14.01 O (F), whose retail cost new would exceed one hundred dollars, without a special permit from the building official; provided, that nothing herein shall: 1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion. 2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard, dealer in building materials or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable laws. 3. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws. Z. The existence on any premises of any unused and abandoned trailer, house trailer, automobile, boat or other vehicle or major parts thereof. AA. The keeping or maintenance in any area on private property which is clearly visible from a public street, sidewalk, park or other public area any accumulation, collection or untidy storage of any of the following: old appliances or parts thereof; old iron, steel , aluminum or other metal; inoperable vehicles, vehicle parts, machinery or equipment; mattresses, bedding, clothing, rags or cloth; straw, packing materials, cardboard or paper, tin cans, wire, bottles, glass, cans, barrels, bins, boxes, containers, ashes, plaster or cement; or wood. Th is determination shall not apply to conditions completely enclosed within a building or fencing so as not to be visible from public property. BB. The keeping, permitting or harboring of any fowl, pigeons, rabbits, hoofed or cloven footed animals, except for caged birds kept within a residence or business. CC. The depositing of any debris, vegetation, lawn clippings, lumber piles, wood piles, auto parts or bodies, garbage and the like, or storing of any material of any kind, provided that in residential zones that shall include garbage cans or refuse containers in the alleys of the city, except on garbage pickup day. DD. The existence of graffiti, which is defined as a defacing, damaging, or destructive inscription, figure or design painted, drawn or the like, on the exterior of any building, fence, gate, or other structures or on rocks, bridges, trees, or other real or personal property. EE. The locating of automobiles, trucks, recreational vehicles, trailers, boats, or any other vehicles, vessels, or the like for the purpose of advertising its sale on property located in any commercial or industrial zone not owned by the seller. FF. The permitting of any condition or situation where the soil has been disrupted, disturbed, or destablized so as to allow blowing dust to exist. GG. The existence on any premise any unsecured, unused, or abandoned building or structures. HH. For any building the existence of any broken glass in windows or doors for more than thirty (30) days. II. Buildings or portions thereof that have faulty weather protection, such as openings in walls and roofs. Faulty weather protection shall include temporary weather barriers, such as tarps, plastic or similar material, left in place for more than thirty (30) days. JJ. Any building which has a window, door, or other exterior opening closed by extrinsic devices or some other manner, with material that has not been painted to match or compliment the bu ildings exterior or remains boarded up for more than sixty (60) days. KK. Any boarded up building that remains boarded up for more than ninety (90) days. LL Permitting any violation of RCW 59.18.510 in any rental dwelling unit. MM. Criminal street gangs and any pattern of criminal street gang activity are each declared to be a public nuisance in violation of this chapter and other applicable code provisions, including but not limited to the Uniform Code for the Abatement of Dangerous Buildings and State Housing Code, subject to abatement through all available means. In addition thereto and without limitation, any pattern of criminal street gang activity upon, and the presence and use of property by, a criminal street gang, with the owner's knowledge or consent, constitutes a public nuisance and grounds for revocation of any permit or license regulating or authorizing the use of such property. Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on April 8, 2014. Dick Deane, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney March 17, 2014 TO: City Manager for Council Consideration FROM : Finance Director SUBJECT: Ord inance -Water, Sewer, and Stormwater Rates -151 Reading Attached is a proposed ordinance amending Chapter 13.12, entitled Water, Sewer, and Stormwater Rates, which increases the water, sewer, and stormwater rates by 1.8% beginning May 1, 2014. The rate increase is based on a CPI change for the period ending December 31 , 2013 with rounding according to our ordinance. The proposed ordinance is presented for Council consideration. This is the first reading of the ord inance. Respectfully submitted W. Robert Taylo Finance Director WRT:jt ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13.12 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "WATER, SEWER, AND STORMWATER RATES" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 13.12 of the Moses Lake Municipal Code entitled "Water, Sewer, and Stormwater Rates" is amended as follows: 13.12.010 Residential Water Rates: A The following shall be the monthly rate charge for water from the city water system from all residential living units within the corporate limits of the city and outside the corporate limits of the city after May 1, 2014 2&'1-a: Amount Used (in cubic feet) Water Rate 0-500 $22.25 2r.OO per month Over 500 $ ~ :-8Z per 100 cu. ft. or portion thereof B. The following shall be the minimum monthly amounts charged according to each meter in service for all residential living units within the corporate limits of the city and outside the corporate limits of the city after May 1, 2014 2&'1-a: Meter Size Minimum Charge Water Delivered for Minimum (in inches) per Calendar Month (in cubic feet) 3/4 or smaller $22.25 75::00 500 1 $26.40 2&45 1,000 1 Y2 $38.85 3&:56 2,500 2 $101.10 400:-39 10,000 NOTE: All minimum charges are the base rate with all consumption in excess of five hundred (500) cubic feet computed at the over five hundred (500) cubic feet rate. C. Unmetered residential water services within the corporate limits of the city and outside the corporate limits of the city shall be based upon the following rate schedule after May 1, 2014 2&'1-a: Billina Cvcle Flat Rate November through March $22.25 ft.00 per month April through October $44.50 4+.65 per month 13.12.015 Dwellings With Two Living Units: A. The following shall be the monthly rate charged for water from the city system for a dwelling with two (2) separate living units within the corporate limits of the city and outside the corporate limits of the city with only one (1) meter serving two (2) living units or for two (2) houses on a single lot served by one (1) meter after May 1, 2014 2B4-3: Amount Used (in cubic feet) Water Rate 0-1,000 $44.50 #BS per month Over 1,000 $.83 ~per 100 cu. ft. or portion thereof B. The following shall be the minimum monthly amounts charged according to the size of each meter in service to a dwelling with two (2) separate living units with only one (1) meter to the living unit or for two (2) houses on a single lot served by one (1) meter within the corporate limits of the city and outside the corporate lim its of the city after May 1, 2014 2B4-3: Meter Size Minimum Charge Water Delivered for Minimum (in inches) per Calendar Month (in cubic feet) 3/4 or smaller $44.50 #BS 1,000 1 $52.80 52-:25 2,000 1 y, $77.70 H:OO 5,000 2 $202.20 200:-55 20,000 13.12.020 Commercial Water Rates: A. The following shall be the monthly rate charged for water from the city water system for commercial users and dwellings with three (3) or more living units served by one (1) meter within the corporate limits of the city and outside the corporate limits of the city after May 1, 2014 2B4-3: Amount Used (in cubic feet) Water Rate 0-500 $37.70 ~-."r ~---.~~ Over500 $.83 ~per 100 cu. ft. or portion thereof 8 . The following shall be the minimum monthly amounts charged according to each meter in service for commercial users and dwellings with three (3) or more living units served by one (1) meter within the corporate limits of the city and outside the corporate limits of the city after May 1, 2014 2B4-3: Meter Size Minimum Charge Water Delivered for Minimum (in inches) per Calendar Month (in cubic feet) 3/4 or smaller $37.70 6=t-:e5 500 1 $ 41 .85 44-:26 1,000 1 y, $54.30 53-:-55 2,500 2 $116.55 445735 10 000 3 $199.55 t9T-:fe 20,000 4 $324.05 32+.rS 35,000 6 $448. 55 .++4-:-85 50,000 8 $780.55~ 90,000 10 $1 278.55 ~ ,268.68 150,000 13.12.030 Residential Sewer Rates: The following shall be the monthly rate charged customers residing within the corporate limits of the city and outside the corporate limits of the city for sewer service from the city sewer system for single-family dwellings and each unit of a duplex with separate meters: flat rate, $32. 70 ~ per month after May 1, 2014 2&8. 13.12.035 Duplex Sewer Rates: The following shall be the monthly rate charged customers residing within the corporate limits of the city and outside the corporate limits of the city for sewer service from the city sewer system for duplexes with only one ( 1) meter serving two (2) living units or for two (2) living units on a single lot served by one (1) meter: flat rate, $65.40 64:-25 per month after May 1, 2014 2&8. 13.12.040 Commercial Sewer Rates: A The following shall be the monthly rate charged customers residing within the corporate limits of the city and outside the corporate limits of the city for all chargeable water discharged into the city sewer system by commercial users and dwellings with three (3) or more living units served by one ( 1) meter after May 1, 2014 2&8: Amount Used (in cubic feet) Sewer Rate 0-1,000 $34.30 ~ oer month minimum Over 1,000 $1 .32 +.36 per 100 cu. ft. or portion thereof B. For purposes of calculating sewer charges, chargeable water shall be defined as follows: Chargeable water shall be measured by the water consumed on the premises, whatever the source of such water, and the same will be metered either by a public utility meter or one installed and maintained by the property owner of the premises at the property owner's expense and approved and inspected by the city. Where the water is metered by a privately owned water meter and is used to determine sewer charges, the city shall be allowed access to the meter in order to read such meter. Where the use of water is such that a portion of all the water used does not flow into the sewer system, for whatever reason, but is lost by evaporation, irrigation, sprinkling or is used in manufacturing or in a manufactured product, or is lost for whatever reason, and the person in control provides proof of this fact and installs a meter or other measuring device approved by the city to measure the amount of water so used and so lost, or if the city is capable of determining the amount of sewage entering the city's sewer system by some other mechanical means, this water may be deducted from the actual water consumption used in calculating the sewer charge. The sewer charges for triplexes and apartments, mobile home parks, schools, hospitals and other commercial establishments with increased usage for irrigation, only if their landscaping exceeds five thousand {5,000) square feet, shall be computed on the average consumption during the previous non-irrigation season, unless the user elects to install, at his expense, an approved measuring device to measure water not entering the sewer system. When a user has a swimming pool or cooling units discharging to the sanitary sewer, he must install an approved meter to determine the amount of water exempt from sewer charges during the irrigation season. The irrigation season shall be defined as the period in which statements are mailed for the April through November billing cycles. C. Sewer rates for commercial uses discharged into the sewer system may be separately determined by the City Council, based upon both volume and chemical characteristics of the sewage. The City Council reserves the privilege to require pre-treatment of any material discharged into the sewerage system, or to prohibit discharge into the system of industrial wastes that, because of either volume or concentration, will overload existing sewerage facilities. D. All air-conditioning and refrigeration units that are installed, replaced or that have capacity increased after the effective date of the ordinance codified in this chapter shall be required to install recirculating units. Disposal may not be accomplished by discharging into the sanitary sewer system. 13.12. 042 Storm water Rates: The following shall be the monthly rate for stormwater fees on residential and non-residential properties. A. Residential properties shall be charged five dollars and thirty tweffly cents ($5.30 5:-W) per each living unit. B. Non-residential properties shall be charged the following rates per Table 13.12: Table 13.12.042 Category Impervious Rate Ground Cover (s.f) Non-residential 1 Up to 6 ,000 $5.30 $5:re Non-residential 2 6,001 to 15,000 $8.95 $&.00 Non-residential 3 15,001 to 30,000 $13.15 $4r.96 Non-residential 4 30,001 to 60,000 $26.25 $r5-:8B- Non-residential 5 60,001 to 120,000 $52.40 $5+50 Non-residential 6 120,001 to 240,000 fil104.85 $1 ea.ea Non-residential 7 More than 240,000 fil157.35 $154.55 C. Undeveloped property shall not be charged a stormwater fee. D. Non-residential property owners may submit a request for the following credits to the stormwater fees. Residential properties are not eligible for credits. The credits are not cumulative. Requests for credit shall be submitted to the Municipal Services Director on forms provided by the Municipal Services Department. 1. A credit of up to eighty percent (80%) may be approved for non-residential properties for portions of on-site stormwater discharges to privately maintained on-site treatment facilities that are in compliance with an active National Pollutant Discharge Elimination System (NPDES) permit. A copy of the NPDES permit and the associated Stormwater Pollution Prevention Plan shall be provided to the Municipal Services Director with the application for credit. No credits will be approved for stormwater discharged to facilities that are maintained and serviced by the stormwater utility. 2. A credit of up to fifty percent (50%) may be approved for non-residential property for portions of on-site stormwater discharges to privately maintained stormwater systems that meet best management practices of the most current version of the Stormwater Management Manual for Eastern Washington, meet all City of Moses Lake requirements, and are approved by the Municipal Services Director. 3. A credit of up to ten percent (10%) may be approved for non-residential property for portions of on-site stormwater discharges from roofs of non-residential buildings to privately maintained stormwater facilities that utilize a permissive rainwater harvesting system that complies with the Department of Ecology's requirements and is approved by the Municipal Services Director. E. Approval of credit shall be indicated by a credit application that is signed by the Municipal Services Director. Approved credits are effective for the first full month's billing cycle following the date of approval. Credits may be approved for multiple billing cycles, provided that conditions of approval are continuously met by the applicant. Credits are not retroactive to current or prior billings. Credits for future billing cycles may be revoked by the Municipal Services Director if on-site conditions change; if federal, state, or local regulations change such that on-site stormwater treatment facilities are no longer current or acceptable; or if the ordinance for stormwater is revised by City Council. F. The above stormwater rates will become effective May 1, 2014 ffi4-3. Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on April 8, 2014 Dick Deane, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney March 19, 2014 Honorable Mayor and Moses Lake City Council Dear Council Members CITY OF MOSES LAKE Attached is a proposed resolution supporting an Ai rport Aid Application to the Washington State Department of Transportation (WSDOPT), Aviation Division, guaranteeing grant match money availability . The Department of Washington requires the passage of such a resolution before committing to the grant. The grant monies of $250,000 from the WSDOT Aviation Division and the City's local match of $13, 157.89 will be used to rehabilitate/repave the runway at the Moses Lake Municipal Airport. The proposed resolution is presented to you for your consideration. Respectfully s City Manager 764-3701 •City Attorney 764-3703 •Community Development 764-3750 •Finance 764-3717 Fire 765-2204 Municipal Services 764-3783 •Municipal Court i64-3701 •Parks & Recreation 764-3805 •Police 764-3887 •Fax 764-3739 401 S Balsam St.• PO. Box 1579 •Moses Lake, WA 98837-0224 • www.cityofml.com RESOLUTION NO. 3 L{ 3~ A RESOLUTION SUPPORTING AN AIRPORT AID APPLICATION TO THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, AVIATION DIVISION GUARANTEE GRANT MATCH MONEY AVAILABILITY RECITALS: 1. The City of Moses Lake of Grant County, Washington is submitting an Airport Aid Application to the Washington State Department of Transportation (WSDOT) Aviation Division to accomplish airfield pavement rehabilitation/maintenance at the Moses Lake Municipal Airport. 2. The total project funding for construction services is to be comprised of $250,000 from the WSDOT Aviation Division and a mandatory local match amount of $13, 157.89 from the City of Moses Lake. RESOLVED: 1. The City Council of the City of Moses Lake, Grant County, Washington supports this project and allocates these funds in the 2014 budget to fulfill the local match contribution requirement. Adopted by the City Council on March 25, 2014. ATTEST: Dick Deane, Mayor W. Robert Taylor, Finance Director CITY OF MOSES LAKE March 12, 2014 Honorable Mayor and Moses Lake City Council Dear Council Members Attached for your information, review, and possible passage is a resolution regarding the Spring Festival to be held on May 22 -25, 2014. Also attached is a hold harmless agreement. The resolution is presented for Council consideration . If the resolution is adopted, the City Manager should be authorized to sign the Hold Harmless Agreement on behalf of the City of Moses Lake. Respectfultiub~ ~~nk, ~anager 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 RESOLUTION NO. ?Jtf o5 A RESOLUTION REGARDING THE MOSES LAKE SPRING FESTIVAL TO BE HELD MAY 22, 23, 24, and 25, 2014 RECITALS: 1. The Moses Lake Spring Festival Committee has organized a Spring Festival for the City of Moses Lake to occur on May 22, 23, 24, and 25, 2014. 2. The City of Moses Lake endorses the Moses Lake Spring Festival concept. RESOLVED: 1. The Moses Lake Spring Festival shall be allowed to use city property and streets for its Festival related activities; i.e. a carnival so long as it does not obstruct any right-of-way, food fair, craft show, adult beverage area, and related activities at McCosh Park, a 1 OK -5K run, the use of the amphitheater during the festival, parades that would utilize city streets, and a 3 on 3 basketball tournament on Third Avenue between Division and Pioneer and a beer garden on the tennis courts at Mccosh Park. 2. The City Council of the City of Moses Lake approves of street barricading for the parade and other Festival related activities as is required by the Moses Lake Spring Festival, including a sidewalk sale sponsored by the Moses Lake Business Association held in conjunction with the Moses Lake Spring Festival, to be set forth in a letter to the City Manager. Discussions with regard to street barricading should be held with the Moses Lake Police Chief or his designee so that it is understood when and where barricading is to take place. Responsibility for obtaining and setting barricades shall remain with the Moses Lake Spring Festival or Moses Lake Business Association unless otherwise agreed upon with the Moses Lake Police Chief or his designee. 3. The City shall absorb the in-kind financial expenses for police and security services, street sweeping, garbage pick-up and solid waste dumping fees. The garbage pick-up, solid waste dumping fees and the expense for street sweeping and police and security services absorbed by the City is considered an additional expense of providing City services during the period the Festival takes place. 4. If there are any special requests to supply water, it will be the decision of the Municipal Services Director as to the charges to be assessed. 5. Parking shall be prohibited along parts of the parade route, such parade to take place on May 24, 2014 for a period of time determined necessary by the Moses Lake Police Chief or his desig nee and the Moses Lake Spring Festival Committee. The parking prohibition is authorized by Moses Lake Municipal Code 10.12.020 and the prohibition notification shall conform to said Municipal Code provision. 6. The Moses Lake Spring Festival shall provide liability insurance in amounts and with the type of coverage requested by the City Manager with the City of Moses Lake being named as an additional insured. RESOLUTION NO. Page 2 7. The Moses Lake Spring Festival shall execute an indemnity/hold harmless agreement whereby the Moses Lake Spring Festival shall hold the City of Moses Lake harmless from any claims for damage and indemnify the City of Moses Lake from any liability which may arise as a result of the Moses Lake Spring Festival using any City property, public streets, or public sidewalks for any Festival related activity. Adopted by the City Council on March 25, 2014. Dick Deane, Mayor ATTEST: W. Robert Taylor, Finance Director INDEMNITY AND HOLD HARMLESS AGREEMENT Whereas, the Moses Lake Spring Festival has organized a Spring Festival for the City of Moses Lake on May 22"d -May 251h, 2014. Whereas, the Moses Lake Spring Festival has requested the assistance of the City of Moses Lake in order to make the Festival a success, and, Whereas, the City of Moses Lake has passed a resolution endorsing a Moses Lake Spring Festival and has passed a resolution authorizing the use of City property for certain Festival related activities, Now, Therefore, in consideration of the City of Moses Lake, a Municipal Corporation, endorsing the Moses Lake Spring Festival and authorizing the use of City property for Festival activities, Moses Lake Spring Festival hereby agrees to indemnify and hold harmless the City of Moses Lake, its officers, agents, and employees, from any liability arising out of any claim or demand due to the Festival's negligence which may arise as a result of the Moses Lake Spring Festival using any City property, public streets, or public sidewalks for any Festival related activity. The Festival, with this agreement, is not indemnifying or holding the City harmless for the City's own negligence which remains the City's sole responsibility. Moses Lake Spring Festival does hereby agree and represent to the City of Moses Lake that the Festival Committee carries liability insurance for Festival activities during the May 22"d-May 251h period for the event. The Festival Committee does hereby agree to furnish a copy of its insurance policy to the City of Moses Lake prior to May 22"d, 2014. It is agreed and understood that the conclusion of the Moses Lake Spring Festival on May 251h, 2014, that the Moses Lake Spring Festival will have no further obligation to the City of Moses Lake for indemnification. Dated: 3/12/2014 City of Moses Lake Joseph K. Gavinski, City Manager March 6th, 2014 City of Moses Lake Attn: Mr. Joe Gavinski PO Box 1579 Moses Lake, WA 98837 ref)~ ~rufe, -~ Spring Fest!val Memorial Day Weekend Re: Request for Street Closures for Moses Lake Spring Festival Events in Downtown Dear Mr. Gavinski, Moses Lake Spring Festival will be held May 22"d-May 25th 2014 and would like permission for the following street closures for the event. An application has been submitted to Park & Recreation for use of Mccosh Park & Sinkiuse Sq. for the event on 3/6/14. 1. Third Ave from Division to Pioneer Way from 6pm Thursday May 22"d to 6pm Sunday May 25th a. Setup for 3 on 3 basketball tournament on 3rd Ave. from Division to Pioneer Way starting Thursday with tournament held Friday and Saturday, tear down Sunday. 2. Saturday May 24th -Car Show, setup 9am, tear down by 3pm a. 4th and Dogwood and Dogwood to 3rd Ave, 3'd Ave. to Gumwood St. approx. 3. Saturday May 24th_Parade setup start lpm, tear down 10:30pm-llpm approx .. a. Third Ave. from Ivy to Pioneer Way, Pioneer Way to Fifth Ave, Fifth Ave to Beech, Beech to Fourth, Fourth to Dogwood for 34th Annual Grand Moonlight Parade. (Kiddie parade is in planning stages and would happen near Sinkiuse Sq. prior to Grand Moonlight parade when streets are closed for 3 on 3 and other events.) Parade Permit Application and map are enclosed. 4. Saturday May 24th_Third Ave. from Beech to Division and Third Ave. to Ash to 4th Ave. a. Sidewalk sales and chalk on the block to be held on Third Ave. from Beech to Division 12pm-7pm. b. Entertainment and announcements in Sinkiuse Sq. for Grand Moonlight Parade starting at 5pm and ending by 10:30pm approx. Possible kiddie parade 12pm-5pm(time & route to be determined) c. Farmer's Market vendors, 7am-lpm.(setup 6am) 5. May 23'd 9am to Sunday May 251h lOpm-McCosh park-corner of 4th Ave. & Dogwood, near Frontier Jr. High down Dogwood by Mccosh Park 509.770.1630 www .moseslakespringfestival.com 601 S. Pionner Way Ste F #198 o;~Xrde -~ SpringFest!val Memorial Day Weekend If you have additional questions please feel free to contact me at 770.1700 or the Spring Festival at 770.1630. On behalf of the Moses Lake Spring Festival Board and Committee Members, thank you for your time and consideration. We look forward to another fantastic Moses Lake Spring Festival. Sincerely, <Jtdfu<(µ i)h/td~ ,,/ ~ Jasmyne DeBeaumont Moses Lake Spring Festival Board Secretary d irector @mlbacares.org 509.770.1630 www .moseslakespringf es ti val .com 601 S. Pionner Way Ste F #198 fU i!!t! !!!!!!!I 19 llil t-W LH::it:.~Jt:. I I-HX p.4 BUlCK STREET D ~ FIRE ~ STATION o d'D DET ~ ~ I c: (:;-m ~ ~ ][ -fl :r: ~ (/.) ..J ElD£R ~ 10(]0 I a s ~ ~ I Q i~ ~ b ft ~ {.) I/) _, JO' : (3 % CITY ::> :z SERVICES oo~ I I~ ~ c~ ~ -; ~ $~ c u ~ &.P ! { <.._Q? ') .. :~ e • ,... <[ ll \L c (! ~ rM~x~ -~ Spring Fest!val March 6th, 2014 City of Moses Lake Attn: Mr. Joe Gavinski PO Box 1579 Moses Lake, WA 98837 Dear Mr. Gavinski, Memorial Day Weekend Moses Lake Spring Festival will be held May 22nd_May 25th 2014 and would like permission for the beer garden. An application has been submitted to Park & Recreation for use of Mccosh Park on 3/6/14. Beer Garden: To be held inside the Tennis Courts in Mccosh Park-Application has been sent to the Washington State Liquor Control Board pending approval. St. Brigid's Brewery will be serving the beer. Hours of operation: Thursday May 22nd_4pm-9pm Friday May 23rd_ 12pm-llpm Saturday May 241h-12pm-12am Sunday May 251h -12pm-9pm We will also have a band on Saturday night in the beer garden. If you have additional questions please feel free to contact me at 770.1700 or the Spring Festiva l at 770.1630. On behalf of the Moses Lake Spring Festival Board and Committee Members, thank you for your consideration. Sincerely, 9~M~J Jasmyne DeBeaumont Moses Lake Spring Festival Board Secretary direct or@m lbacares.org 509.770.1630 www.moseslakespringfesti val. com 601 S. Piollller Way Ste F #198 March 14, 2014 Honorable Mayor and Moses Lake City Council Dear Council Members CITY Of MOSES LAKE Attached is a proposed Building Use and Maintenance Agreement between the City of Moses Lake and the North Central Regional Library. The proposed agreement provides assistance to the City of Moses Lake for janitorial and maintenance expenses related to the Moses Lake Library facilities. As stated by the cover letter from the North Central Regional Library, the proposed agreement replaces the current agreement which expires at the end of 2014. The new agreement will be effective from January 1, 2015 through December 31 , 2023. The agreement is similar to the agreement that is expiring and provides for an increase in the reimbursement rate every 3 years. This type of agreement between the City and the North Central Regional Library has been in place for many years. If the City Council finds the agreement acceptable, authorization is requested for the City Manager to execute this agreement on behalf of the City of Moses Lake. Respectfully su ~itted ~~~~ ~ ftJ Ga~inski anager · JKG :jt City l\lanager 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 l~NCRL ~ I North Central Regional Library February 28, 2014 Joseph K. Gavinski City Manager City of Moses Lake PO Box 1579 Moses Lake, WA 98837 Dear Mr. Gavinski, I have enclosed two copies of a new Building Use and Maintenance Agreement for your review. This agreement formalizes the North Central Regional Library's (NCRL) plans to assist the City of Moses Lake with janitorial and maintenance expenses related to the branch library facility that you provide. This document replaces the current agreement that expires at the end of this year and will be effective January 1, 2015 through December 31, 2023. The new agreement is structured much like the document it replaces, providing for $.25 reimbursement rate increases every three years. We are grateful for the library facility that you provide. We hope this new agreement helps sustain our great partnership. Please sign both copies of the agreement and return them to me before January 1, 2015. I will send a signed copy to you. If you have any questions, please do not hesitate to contact me. Best Regards, Executive Director 16 N Columbia Street, Wenatchee, WA 98801-8103 • Tel: 509-663-1117 • www.ncrl.org BUILDING USE AND MAINTENANCE AGREEMENT THIS AGREEMENT, entered into the day of _____ _ 2014 by and between NORTH CENTRAL REGIONAL LIBRARY DISTRICT, an lntercounty Rural Library District (hereinafter referred to as the "District") and the City (Town) of Moses Lake, Washington, a Washington municipal corporation (hereinafter referred to as the "Municipality"). WHEREAS, the Municipality has either annexed to or contracted with the District for the delivery of library services, and WHEREAS, it is the desire of the Municipality that library services be available in the Municipality through a branch library facility, and WHEREAS, the District wishes to stabilize reimbursement of Library Quarter's maintenance and repairs, grounds maintenance expenses, janitorial services, and WHEREAS, the Municipality is willing to provide for the District's use a suitable building or space within a building (referred to hereafter as the "Library Quarters") from which library services can be provided in the Municipality, and the Municipality is also willing to provide such janitorial services, maintenance and repair to said Library Quarters as shall be reasonably necessary for its continuing operation, and WHEREAS, the Municipality is willing to make the Library Quarters available for the use of all residents of the District for library purposes, not just the residents of the Municipality, NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Use of Library Quarters. The Municipality shall provide for the use of the District during the term of this agreement a building or space within a building suitable for use as 1 a branch library and shall maintain such library quarters in good repair and maintenance for library purposes. Such use shall be provided in consideration for the District's staffing and operation of a branch library facility within the Library Quarters and shall be free of rent other than payment by the District as provided for in this agreement. 2. Furnishings and Equipment. The Library Quarters and all furnishings provided by the Municipality shall remain the property of the Municipality, subject only to the District's right of use during the term of this agreement. The District may also provide furnishings and equipment, which the District will maintain and continue to own. 3. Size of Library Quarters. As of the date of execution of this agreement the parties specify that the Library Quarters consist of 11 ,518 square feet. In the event of any subsequent alteration or modification of the size of the Library Quarters, this figure shall be amended appropriately. 4. Reimbursement of Maintenance Expenses. Effective January 1, 2015, until December 31, 2017, the District will reimburse the Municipality for janitorial, repair, maintenance expenses each year a sum calculated by multiplying $3.25 by the number of square feet specified in Section 3. Effective January 1, 2018 through December 31 , 2020 the reimbursement rate will be $3 .50 per square foot. Effective January 1, 2021 through December 31, 2023 the reimbursement rate will be $3. 75 per square foot. 5. Reimbursement Schedule. The District shall reimburse the Municipality for Library Quarters' janitorial, repair, and maintenance expenses as set forth in section 4 in two equal bi-annual payments due within 30 days following the June and November meetings of the District's Board of Trustees. 6. Telephone Service. The District, at its sole expense, shall provide telephone service in the Library Quarters. 2 7. Indemnity. The Municipality shall indemnify, defend and hold the District, its officials, employees, and agents, harmless from and against any and all claims, damages, losses and expensed including reasonable attorney's fees, for any bodily injury, sickness, disease, or death, or any damage to or destruction of property, including the loss of use resulting therefrom, which are alleged or proven to be caused in whole or in part by an negligent or intentional act or omission of the Municipality, its officials, employees, and agents, relating to the performance of this Agreement. The District shall indemnify defend and hold the Municipality, its officials, employees, and agents, harmless from and against any and all claims, damages, losses and expenses including reasonable attorney's fees, for any bodily injury, sickness, disease, or death or any damage to or destruction of property, including the loss of use resulting therefrom, which are alleged or proven to be caused in whole or in part by any negligent or intentional act or omission of the District, its officials, employees, and agents, relating to the performance of this Agreement. 8. Insurance. It shall be within the discretion of each party to maintain such property insurance, if any, as it deems appropriate for protection of its respective Library Quarters property. Each party shall maintain general liability insurance covering personal injury and property damage applicable to its operation and use of the Library Quarters with minimum limits of $1 ,000,000 per occurrence. Either party may substitute a self-insurance program or plan for the general liability insurance required under this agreement upon approval by the other party. Either party may request verification of liability insurance at any time. 9. Term. This agreement shall be effective January 1, 2015, and shall remain in force and effect until December 31, 2023. Subject to the right of termination stated in this Section 9, this agreement shall continue on a year to year basis after December 31 , 2023 if either party delivers a written notice to extend prior to September 1, 2023. Either party may terminate this agreement effective at the end of any calendar year during the original term or 3 " any annual extension thereof by written notice of termination delivered to the other party by October 1 of such year. 10. Nonwaiver. Any waiver at any time by either party of any right with respect to any matter arising under this agreement shall not be considered a waiver of any subsequent default or matter. 11. Prior Agreements. This agreement shall supersede any earlier agreement, written or oral, between the parties pertaining to the subject matter of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this instrument in duplicate the day and year first above written . NORTH CENTRAL REGIONAL LIBRARY DISTRICT Chairman Attested By: Secretary CITY (TOWN) OF MOSES LAKE, WASHINGTON By:~~~~~~~~~~~~~~~~~~~ Mayor Attested By: Clerk 4 March 19, 2014 Honorable Mayor and Moses Lake City Council Dear Council Members CITY Of MOSES LAKE Attached is a proposed 2014 Municipal Services Agreement presented by the Grant County Economic Development Council. In this agreement the Council asks the City to pay $40,000, which is the same as in 2013. The proposed agreement is presented for the Council's consideration. eph K. Gavinski City Manager 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.• PO. Box 1579 •Moses Lake, WA 98837-0224 • www.cityofml.com Grant County Economic Development Council 2014 MUNICIPAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day by and between the City of Moses Lake, a municipal corporation hereinafter referred to as the "MUNICIPALITY'', and Grant County Economic Development Council, hereinafter referred to as the "AGENCY". THEREFORE, it is hereby covenanted and agreed as follows: WHEREAS, the MUNICIPALITY desires to have certain services performed as hereinafter set forth requiring specialized skills and other supported capabilities; and WHEREAS, the AGENCY represents that it is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise where required, to perform the services set forth in this contract; NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, the parties hereto agree as follows: I. SERVICES The AGENCY shall provide the MUNICIPALITY the services outlined in Building Prosperity. Specific services from Building Prosperity include: improved coordination of federal, state, local and other program services and actions affecting the local economy by facilitating the planning, development and sponsorship of educational workshops and seminars aimed at assisting and improving operations and finances of existing industrial and agriculture business, as well as local governments. The AGENCY shall also provide research and consultation services as necessary and as they are able to aid the MUNICIPALITY in the planning and development of new and expanded programs, services, facilities, utilities and properties. The AGENCY shall provide consultation and assistance as necessary and as they are able in developing proposals for prospective commercial and industrial clients. The AGENCY shall also provide a comprehensive marketing package aimed at highlighting agriculture, commerce and industry, energy resources, education, recreation, tourism, and the quality-of-life in Grant County. II. REPORTING REQUIREMENTS The AGENCY shall submit periodic reports as required by the MUNICIPALITY, which shall include, but not be limited to, a fiscal year revenue and expenditure report, and final annual evaluation report. III. DURATION OF AGREEMENT The terms of this Agreement and the performance of the AGENCY shall commence upon execution of this Agreement and terminate December 31, 2014. The Agreement - may be extended or terminated upon mutual agreement between the parties hereto and pursuant to the terms and conditions of this Agreement. IV. COMPENSATION AND METHOD OF PAYMENT The MUNICIPALITY shall reimburse the AGENCY for the services performed under this Agreement in the amount of $40,000.00, payable within sixty (60) days of invoicing. V. NOTICES Written notices to each party shall be sent to the following addresses: Grant County Economic Development Council, 6594 Patton Boulevard Northeast, Moses Lake, WA 98837, and to the City of Moses Lake, PO Box 1579, Moses Lake, WA 98837. VI. ESTABLISHMENT AND MAINTENANCE OF RECORDS The AGENCY agrees to maintain books and records, and document accounting procedures, which accurately reflect all direct and indirect costs, related to the performance of this Agreement. The AGENCY shall retain all books, records, documents, and other material relevant to this Agreement for three (3) years after its expiration. The AGENCY agrees that the MUNICIPALITY, or its designated agent, shall have full access and right to examine any of said materials at all reasonable times during said period. The AGENCY agrees to the established guidelines requiring that a "Single Audit" be conducted for federal funds received in excess of $25,000.00 VII. COMPLIANCE WITH LAWS The AGENCY, in performance of this Agreement, agrees to comply with all applicable federal, state and local laws or ordinances, including standards for licensing, certification, and operation of facilities, programs, and accreditation, and licensing of individuals and any other standards or criteria as described in this Agreement to assure quality of services. VIII. NON-DISCRIMINATION IN EMPLOYMENT The AGENCY agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The AGENCY shall insure that applicants are employed and that employees are treated during employment without discrimination because of their race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap. Such action shall include but not be limited to: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and programs for training including apprenticeships. The AGENCY shall take such action with respect to this contract as may be required to ensure full compliance with Chapter 49.60 RCW and applicable federal laws and regulation. IX. NON-DISCRIMINATION IN CLIENT SERVICES A. The AGENCY shall not discriminate, on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental of physical disability: (1) Deny any individual any services or other benefits provided this Agreement; (2) Provide any services or other benefits to any individual which are different, or are provided in a different manner, from those provided to others under this Agreement; (3) Subject an individual to segregation or separate treatment in a manner related to his/her receipt of any services or other benefits provided under this Agreement; (4) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or will afford him/her opportunity to do so, which is different from that afforded to others under this Agreement; (5) The AGENCY, in determining (a) the types of services or other benefits to be provided, or (b) the class of individuals to whom, or the situation in which, such services or other benefits will be provided, or (c) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the discrimination because of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap or have the effect of defeating or substantially impairing accomplishment of the objective of this Agreement, with respect to individuals of a particular race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap. B. The AGENCY shall take affirmative action to ensure that its facilities and programs are accessible to people with sensory, mental, or physical handicaps. X. INDEMNIFICATION/HOLD HARMLESS All services to be rendered or performed under this Agreement shall be performed or rendered entirely at the AGENCY'S own risk and the AGENCY expressly agrees to indemnify and hold harmless the MUNICIPALITY and all of its officers, agents, employees, or otherwise, from any and all liability, loss, or damage that them may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the MUNICIPALITY which result form, arise out of, or are in any way connected with the services to be performed by the AGENCY under this Agreement. XI. TERMINATION If the AGENCY fails to comply with the terms and conditions of the Agreement, the MUNICIPALITY may pursue such remedies as are legally available including, but not limited to, the suspension or termination of this Agreement. XII. ENTIRE AGREEMENT The parties agree that this Agreement is the complete expression of the terms hereto and any oral representatives or understandings not incorporated herein are excluded. Further, any modification ofthis Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement executed this AGENCY: Grant County Economic Development Council IN WITNESS WHEREOF, the parties hereto have caused this Agreement executed this MUNICIPALITY: City of Moses Lake March 18, 2014 TO: City Manager For City Council Consideration FROM: Municipal Services Director SUBJECT: Adopt 2014 Community Street and Utility Standards Staff requests City Council to adopt the 2014 Community Street and Utility Standards. The updated standards include revisions that correlate to the 2014 Washington State Department of Transportation Standard Specifications, housekeeping corrections and clarifications, and some minors changes proposed by staff. A copy of the 2014 Community Street and Utility Standards is available at the engineering counter in the Civic Center Annex. The 2014 Community Street and Utility Standards is presented for City Council consideration. Respectfully Submitted, ~~A..\\~ Gary Harer, PE/PLS Municipal Services Director cc: Project Engineer, Michael Moro March 12, 2014 To: Municipal Services Director From: Project Engineer-Moro ~ RE: COMMUNITY STREET AND UTILITY STANDARDS-2014 REQUEST FOR CITY COUNCIL ADAPTION Staff has updated the Community Street and Utility Standards to correspond with the 2014 WSDOT Standard Specifications and to include municipal updates. Specific changes within the draft proposal for the 2014 Community Street and Utility Standards include the following items: 1. Updated to correspond with WSDOT revisions affecting municipal specifications. 2. Updated street definitions to correspond with recent annexations. 3. Updated municipal specifications for irrigation requirements on paver projects. 4. Revised construction joint requirements in sidewalks to correspond with current practices. 5. Included municipal specifications for induction loops. 6. Revised concrete edge strip specifications for paver areas to allow for fibermesh concrete in lieu of rebar. 7. Updated municipal specifications for hydrant painting requirements. 8. Added municipal details for concrete brick pavers. 9. Added municipal details for induction loop installation and repairs. 10. Added municipal detail and on-site detail for connections to municipal force mams. 11. Added municipal detail for typical pedestrian path and activity trail construction between lots. A draft copy is available at the Engineering counter for review. We request City Council adaption of the 2014 Community Street and Utility Standards. cc: City Engineer, Public Works Superintendent, Development Engineer March 18, 2014 TO: City Manager For City Council Consideration FROM: Municipal Services Director SUBJECT: Working Hours Seal Coat Project-2014 Brent Manning, BCV Inc., requests approval to start work before 7:00 a.m. on Third Avenue and the surrounding nonresidential streets. This will minimize the inconvenience and exposure to the local businesses and traffic. Moses Lake Municipal Code 8.28.050.B.3 requires City Council approval for construction work between the hours of 10 p.m. and 7 a.m. This request is presented to the City Council for consideration ... Respectfully Submitted, ~(M-'lA_ ~MV\ Gary Harer, PE/PLS Municipal Services Director cc: AMSD/City Engineer Engineer Tech III, Jeff Holm 3/17/14 City of Moses Lake Attn: Jeff Holm 321 Balsam St Moses Lake, WA 98837 Project: Crack Seal Project -2014 Crack Sealing Joi nt Sealing Patching Re: Early Start Time Request for 3rd St and Surrounding Streets Dear Jeff, In an effort to minimize inconvience and exposure to local business and traffic we request permission to begin working before 7:00 AM on 3rd St as well as its surrounding non residential streets. Sincererly, Brett Manning President BCV Inc 1089 W Sunset Dr Burbank, WA 99323 (509) 521-8528 Fax (509) 546-9538 March 3, 2014 TO: City Manager for Council Consideration FROM: Community Development Director ~ SUBJECT: Residential Vacation Rentals -Update The City Council heard a presentation from Vision 2020 members with regards to the topic of vacation rentals and their desire for an amendment to the Zoning Code to allow vacation rentals as a permitted use. After some discussion, staff was directed to bring back an ordinance that would allow such uses for the purpose of discussion. In order to prepare an ordinance for the purpose of discussion, staff needed to get a better understanding of the topic. We are all aware that this is a land use question (i.e, zoning) but was there anything else that needed to be considered? The answer was yes there was more to the vacation rental topic. We found that the Building Code also comes into play in terms of how the code is applied. Staff did some research with the assistance from Municipal Research Services and what we found was that vacation rentals are not uniformly permitted. Our research was only a sampling and not a complete survey of all cities and counties of the State. We sampled those cities and counties that are associated with seasonal influx of travelers, such as Leavenworth and Chelan. The following is a summary of those cities and counties sampled: City AllowedlProhibi ted Zoning Reg's Other Friday Harbor P -Residential Zones NIA NIA A -Commercial Zones Long Beach P -Residential Zones Site Specific NIA A -CUP in R2R/S2 A -Shoreline Resort Westport -A -Residential Zones NIA NIA Port Townsend P -Residential Zones Tourist Home is primary 2 guestrooms A -CUP in Residential residence for owners forhire max Zones as a Tourist Home Ocean Shores P -Residential Zones NCU Amortization Process NIA A -NCU R-Zones Winthrop P -R-1/R-2 Zones Site Specific NIA A -Multi-Family A -Tourist District Roslyn A -Residential Zone Property Mgmt Plan IBC compliance financial guarantee Insured as Vacation Rental Leavenworth P -Residential Zones IBC Compliance NIA A -Commercial Zones additional parking Chelan P -Residential Zones No IBC Compliance NIA A -Tourist Aecom. Dist San Juan County P -CUP Residential 1 additional parking space 3 guests/ Zones 24 hour contact number bedroom no neighbor disturbance max Pacific County P -R-1 Seaview vacation rental license A-Resort 3 no neighbor disturbance A-Mixed Use Property Mgmt Plan A -Tokeland A -Community Commercial A -Special Use R-1/R-2 Given the questions of zoning and the application of the Building Code, staff would like to address these questions to the Council before proceeding with drafting an ordinance that would permit vacation rentals in the Residential Zones. March 12, 2014 TO: City Manager FROM: Assistant Finance Director SUBJECT: Investment Report Attached is the Investment Report for the month of February, 2014. cc: Finance Director Investment Report February 2014 Investment Investment Amount Interest Purchase Maturity Interest With Type Rate Date Date Earned Investments Outstanding Total Outstanding: $0.00 Investment Maturities Grant County Invest Pool Invest Acct 9,529,255.94 2.04 02/01/2014 02/28/2014 15,578.81 Wa. State Invest Pool Invest Acct 6,378,607.22 0.10 02/01/2014 02/28/2014 454.48 Total Maturities: 15, 907,863.16 Investment Purchases Grant County Invest Pool Invest Acct 10, 044,834. 75 Wa. State Invest Pool Invest Acct 4,735,440.19 Total Purchases: 14, 780,27 4.94 Investment Totals Beginning Balance * 15,907,863.16 Total Maturities 15,907,863.16 Total Purchases 14,780,274.94 Ending Balance * 14,780,274.94 I Monthly Interest Earned 16,033.29 *Beginning Balance =Total Outstanding +Total Maturities *Ending Balance= Beginning Balance -Total Maturities+ Total Purchases