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08272013Brent Reese Jason Avila Jon Lane MOSES LAKE CITY COUNCIL Bill Ecret Mayor w ~ Moses LAKE Joseph K. Gavinski City Manager David Curnel Karen Liebrecht Dick Deane August 27, 2013 AGENDA Sophia Guerrero, Executive Secretary Civic Center -Council Chambers 7:00 p.m. 1. ROLLCALL 2. PLEDGE OF ALLEGIANCE 3. IDENTIFICATION OF CITIZENS WANTING TO DISCUSS AGENDA ITEMS IDENTIFICATION OF CITIZENS WANTING TO DISCUSS NON-AGENDA ITEMS 4. PRESENTATIONS AND AWARDS A. Proclamation -Commemoration & Support of Constitution Week -September 10 -17,2013 5. CONSENT AGENDA A. Approval of Minutes -August 13, 2013 B. Approval of Bills and Checks Issued C. Accept Work -Seal Coat Project -2013 D. Resolution -Accept Street & Utility Improvements -Sunburst Multi-Family Major Plat E. Resolution -Boundary Line Adjustment -Cascade Park -Kenison 6. COMMISSION APPOINTMENTS -None 7. CONSIDERATION OF BIDS AND QUOTES -None 8. PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS A. Public Hearing -Ordinance -Extending Moratorium on Medical Marijuana Collective Gardens - 2"d Reading 9. ORDINANCES AND RESOLUTIONS A. Ordinance -Amend MLMC 18.20 Residential Zones -1" Reading B. Resolution -Nuisance Abatement -2603 Texas St -Hester C. Resolution -Nuisance Abatement -9859 Olympic Dr -McCourtie D. Resolution -Nuisance Abatement -1046 Division -Espinoza E. Resolution -Nuisance Abatement -9972 Sunny Dr -Huff 10. REQUEST TO CALL FOR BIDS -None 11. REFERRALS FROM COMMISSIONS -None 12. OTHER ITEMS FOR COUNCIL CONSIDERATION A. Request to Connect to City Utilities 2215 Westshore Dr -GC Parcel # 141769000 B. Notice of Intention to Commence Annexation -Sonico Annexation 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 Al varado Kenison Page 2 -Moses Lake City Couucil meeting, August 27, 2013 13. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS 14. COUNCIL QUESTIONS AND COMMENTS 15. CITY MANAGER REPORTS AND COMMENTS A. Staff Reports 1. Investment Report Finance Municipal Police Chief Parks & Recreation Fire Chief Community City Attorney W. Robert Services Dave Ruffin Spencer Gri gg Tom Taylor Development Kalherine L. Taylor Gary Harer Gilbert Alvarado Kenison Proclamation Commemoration and Support of Constitution Week, September 10 -17, 2013 WHEREAS: Early settlers to the New World established numerous localized governments to secure the rights of men and women; and WHEREAS: Most of these early colonizers were subject to the King of England CInd Parliament; and WHEREAS: The English government felt that the colonies existed for the purpose of assisting the mother country, especially in generating revenue; and WHEREAS: Numerous laws enacted by the British Parliament against the 13 colonies, including the Navigation Act, the Quartering Act, the Stamp Act, [he Townsend Acts, and the Intolerable Acts; and WHEREAS: The tense relationship between England and the American colonies led to the Revolutionary War and the formation of the Declaration of Independence; and WHEREAS: After the Continental Congress approved the Articles of Confederation, and the states ratified the Articles, a new government in America was established; and WHEREAS: Numerous weaknesses existed in the Articles, including no executive branch to ca rry out the laws, no judicial system to enforce laws except sta te courts that only enforced state laws, a powerless Congress that could not regulate foreign and interstate commerce, and Congress could not lay and coUect taxes; and WHEREAS: The Continental Congress sent delegates to Philadelphia in an effort to revise the Articles of Confederation; and WHEREAS: The delegates to the Constitutional Convention of 1787 settled upon a set of new laws regulating the powers of the federal government, which laws are enumerated in the Constitution of the United States of America; and WHEREAS: By mid-year of 1788 eleven states ratified the Constitution; and WHEREAS; The People established a new federal government under the laws of the Constitution of the United States; and WHEREAS: The United States of America has remained a "city upon a hill" and a "beacon of hope" to the world; and NOW, THEREFORE, ITiS PROCLAIMED, by the Mayor and the City Council of the City of Moses Lake, WA, that September 10 -17,2013 is hereby designated as Constitution Week and September 17, 2013 as Constitution Day. The Moses Lake City Council would also like to encourage all businesses and people to fly the United States flag, to study the Constitution, its historical background, and the principles established in that document. IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Moses Lake to be affixed on this 2ih day of August, 2013. Mayor Bill J Ecret Date MOSES LAKE CITY COUNCIL August 13, 2013 Council Present: Bill Ecret, Dick Deane, Jon Lane, Karen Liebrecht, David Curnel, Jason Avila, and Brent Reese The meeting was called to order at 7 p.m. by Mayor Ecret. PLEDGE OF ALLEGIANCE: Mr. Reese led the Council in the pledge of allegiance. PRESENTATION AND AWARDS POLICE OFFICER RECOGNITION Police Officers Juan Rodriguez and Adam Munro were recognized for their professionalism, service, and compassion to an elderly woman in need of assistance. FIRE DEPARTMENT Tasiya Oliver, Fire Clerk, and Brandon Wertman, Firefighter/EMT were presented to the Council. SERVICE AWARDS Years of Service pins for 10 years of service with the City were given to Michael Dosh, Sophia Guerrero, Juan Rodriguez, and Beau Montgomery. Years of Service pins for 15 years of service with the City were given to Dean McPherson and Brian Jones. Years of Service pins for 20 years of service with the City were given to Randy Graffe, Robert Harris, and Del Rose Hoy. Years of Service pins for 25 years of service with the City were given to Steve Miers, Tony Pfluger, and Bruce Strait. A Years of Service pin for 35 years of service with the City was given to Rolando Gonzales. CONSENT AGENDA Minutes: The minutes of the July 23 meeting were presented for approval. Nuisance Abatement -Set Date for Hearing: A hearing was set for August 27 to consider nuisance abatement at 2603 W . Texas. Action Taken: Mrs. Liebrecht moved that the Consent Agenda be approved , seconded by Mr. Lane, and passed unanimously. 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 August 13, 2013 the Council does approve for payment claims in the amount of $706,157.70; prepaid claims in the amounts of $82,360.82 and $8,525.08; claim checks in the amount of $1 ,648 ,991 .02; and payroll in the amounts of $3 ,806.98 and $378,661.40. Dr. Curnel questioned the payment of several bills and staff explained . Action Taken : Dr. Curnel moved that the bills and checks be approved , seconded by Mr. Avila, and passed unanimously. CITY COUNCIL MINUTES: 2 August 13, 2013 COMMISSION APPOINTMENTS TOURISM COMMISSION Mayor Ecret requested confirmation of the re-appointment of Mary Perry to the Tourism Commission. Action Taken: Mr. Lane moved that the re-appointment be confirmed, seconded by Dr. Curnel , passed unanimously. CONSIDERATION OF BIDS AND QUOTES RESERVOIR 7 RAISING PROJECT The City received three bids to raise Reservoir 7 which is located on Patton Boulevard. The project includes modifications to raise Reservoir 7 to increase the height by 18 feet. Because the bids were considerably above the engineer's estimate, staff recommended that the bids be rejected. Gary Harer, Municipal Services Director, explained that increasing the height of a reservoir is a new project for the City and staff contacted experts in the field to obtain an estimate of the cost. Because the bids came in significantly over the engineer's estimate, staff recommended that the bids be rejected . Action Taken: Mr. Lane moved that the bids be rejected due to the cost over the engineer's estimate, seconded by Mrs. Liebrecht, and passed unanimously. PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS COMMUNICATION -ITINERANT VENDOR FEES -WRIGHT Carlos Wright requested that changes be made to the itinerant vendor fees to lower the cost to the business owner. Joseph K. Gavinski, City Manager, gave the history on the itinerant vendor issue and fees. Gilbert Alvarado, Community Development Director, explained what the City considers an itinerant vendor. Mr. Wright pointed out that the business climate is different now than when the fees were originally established and that Moses Lake and Pasco have fees that are considerably higher than other cities in the state. He felt that the fee structure should be changed. There was some discussion by the Council and staff was requested to provide additional information on the fee structure. ORDINANCE -ANNEXATION -CARLILE DEVELOPMENT -2ND READING/PUBLIC HEARING An ordinance was presented which provides for the annexation of approximately 26.23 acres of property designated as Tax #7351 and located west of Randolph Road, north of Graham Road NE, and south of Tyndall Road NE. The ordinance annexing property commonly known as the Carlile Annexation to the City of Moses Lake, Washington, and incorporating the same within the corporate limits of the City of Moses Lake was read by title only. CITY COUNCIL MINUTES: 3 August 13, 2013 The public hearing was opened. There were no comments. Action Taken: Mr. Lane moved that the public hearing be closed, seconded by Mr. Avila, and passed unanimously. Action Taken: Mr. Lane moved that the second reading of the ordinance be adopted, seconded by Mr. Reese, and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 16.02 -UNPLATTED AREAS -2ND READING An ordinance was presented which establishes that Council permission to build on unplatted property is personal and does not attach to the land or property and that the Council can impose conditions on the building permit for the installation or completion of utility, street, sidewalk, or other improvements. The ordinance amending Chapter 16.02 of the Moses Lake Municipal Code titled "Building Permits" was read by title only. Action Taken: Mr. Deane moved that the second reading of the ordinance be adopted, seconded by Mr. Lane, and passed unanimously. ORDINANCE -EXTEND MORATORIUM ON MEDICAL MARIJUANA GARDENS _1 ST READING An ordinance was presented which extends the moratorium on the establishment of "collective gardens" for the medical use of marijuana. The ordinance of the City of Moses Lake extending a moratorium on the establishment of medical . marijuana collective gardens, defining "medical marijuana collective gardens", providing for a public hearing establishing an effective date, and providing that the moratorium, unless extended, will sunset within six (6) months of the date of adoption was read by title only. Joseph K. Gavinski, City Manager, pOinted out that the extension of the moratorium continues the City's wait and see position on the medical marijuana issue. He also mentioned that there is now considerable discussion in various cities about recreational marijuana use since rules have been drafted concerning the issue. Action Taken: Mr. Reese moved that the first reading of the ordinance be adopted and a public hearing be set for August 27, seconded by Mr. Avila, and passed unanimously. RESOLUTION -BUILD ON UNPLATTED PROPERTY -AT&T MOBILITY A resolution was presented which allows AT&T Mobility to construct a 100' monopole and ground equipment on unplatted property owned by Crab Creek Homestead, LLC. A resolution allowing AT&T Mobility and Crab Creek Homestead, LLC to build on unplatted property was read by title only. Gilbert Alvarado, Community Development Director, explained the project and mentioned that the property is 44 acres but that AT&T will be using only 2,500 square feet for their facility. Action Taken: Mr. Lane moved that the resolution be adopted, seconded by Mr. Reese, and passed unanimously. CITY COUNCIL MINUTES: 4 August 13, 2013 RESOLUTION -ACCEPT DONATION -BUDU RACING, LLC A resolution was presented which accepts a donation of $1,500 from Rory and Deanna Muller of Budu RaCing , LLC. the funds will be used for paths and trails. The resolution accepting a cash donation of $1 ,500 from Rory and Deanna Muller of Budu Racing, LLC was read by title only. Action Taken: Mr. Deane moved that the resolution be adopted, seconded by Dr. Curnel, and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION DEVIATION REQUEST -UNDERGROUND UTILITIES The Grant County PUD requested a deviation of the requirement to place new electrical distribution lines underground for one mile along the north side of Wheeler Road from 280 feet west of Road N to the D & L Foundry property. The cost to underground the power is $436,000 and the overhead line will cost $135,000. There are existing overhead lines in this area. The Council may approve a deviation if it is determined that the cost of the underground installation, when compared to overhead installation, is disproportionate in comparison to the benefit to be gained by the property and/or public. Shane Lunderville, PUD, explained that D & L Foundry is expanding and needs additional power. The existing line cannot handle the need so a new line will be installed on the north side of Wheeler Road to service the property. Mark Ross , Project Manager, D & L Foundry, mentioned that the cost of under grounding the . power, which D & L would have to pay for, would have a significant impact on their ability to continue the project. The expansion of the business will create additional jobs. There was some discussion by the Council concerning the aesthetics and cost and it was felt that since the area is industrial in nature, the aesthetics were less important than the cost. Action Taken: Mr. Lane moved that the request be granted, seconded by Mr. Avila, and passed unanimously. DRIVEWAY DEVIATION -JUNIPER DRIVE April Cisneros requested a deviation to the driveway requirements in order to expand an existing 20' wide driveway at 976 Juniper Drive the full length of the lot. The existing house is proposed to be converted into a day care center and the deviation would allow access to six on-site parking spaces required by the Planning Commission approval of the site plan. Gary Harer, Municipal Services Director, mentioned that the if the request is granted, it will remove all the curb in front of the 60' lot and the whole frontage would be driveway. He mentioned that the lot is across Juniper Drive from the Moses Lake Branch of the Wenatchee Valley Clinic. He pOinted out that the driveway standards were established to provide a safe condition for cars to back out of a property. CITY COUNCIL MINUTES : 5 August 13, 2013 Gilbert Alvarado, Community Development Director, explained that the Planning Commission required six off-street parking spaces for this proposed day care and the only way that condition could be met was to turn the front yard into a parking area . There was some discussion by the Council and it was pOinted out that there is considerable traffic on Juniper Drive. Staff pointed out the traffic issues with essentially the creation of a parking lot on a residential lot and the problem with backing out onto a busy street. No action was taken by the Council. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS COUNCIL TRAVEL Mr. Lane mentioned that there is a Pacific Northwest Idea Exchange meeting dealing with retail in Couer d'Alene on August 27 and 28 and requested permission to attend. Action Taken: Mr. Deane moved that Mr. Lane be authorized to attend the Pacific Northwest Idea Exchange meeting in Couer d'Alene, seconded by Mrs . Liebrecht, and passed unanimously. COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS AWARD NOTIFICATION Joseph K. Gavinski, City Manager, reported that the Larson Wastewater Treatment Plant and the Sand Dunes Wastewater Treatment Plant will be receiving the 2012 "Wastewater Treatment Plant Outstanding Performance Award" from the Department of Ecology. He mentioned that this is a difficult award to obtain but that the Larson Plant has received this award for five years in a row. AMBULANCE REPORT The cash report on the ambulance operations for the month of July was provided. BUILDING ACTIVITY REPORT The July building activity report was provided. SALES TAX/TRANSIENT RENTAL INCOME The City received $478,822.77 in sales tax and $64,910.04 in transient rental income in July. The regular meeting was adjourned at 8:50 p.m. ATTEST Bill J. Ecret, Mayor W. Robert Taylor, Finance Director DATE 8/14/13 TIME 13:22:23 NAME OF VENDOR Department e I T Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F e L A I M S T 0 B E A P PRO V E D eo U N elL ME E TIN G 0 F 08/27/2013 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= eITY OF MOSES LAKE 00008107 0000066994 137,873.00 REPAY INTERFUND LOAN 0000066994 40,196.59 REPAY INTERFUND LOAN 0000066992 300,000.00 REPAY INTERFUND LOAN 0000066992 3,000.00 REPAY INTERFUND LOAN ====================== TOTAL: 481,069.59 LOWES 00003886 0000067154 25 .38 MISe SUPPLIES 0000067154 11 .24 MIse SUPPLIES 0000067154 3.05 MIse SUPPLIES 0000067154 152.61 MIse SUPPLIES 0000067154 511.50 MIse SUPPLIES 0000067154 67.62 MIse SUPPLIES 0000067154 5.07 MIse SUPPLIES ====================== TOTAL: 776.47 ============================= REPORT TOTAL: 481,846.06 DATE WED, AUG 14, 2013, 1:22 PM TIME 13:22:25 CIT Y 0 F M 0 S E S L A K E TOTALS BY FUND FUND 000 410 498 519 528 TAB U L A T ION 0 F C L A I M S T 0 C 0 U N C I L M E E TIN G 0 F FUND NAME GENERAL FUND WATER/SEWER AMBULANCE SERVICE FUND EQUIPMENT RENTAl BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW . B E A P PRO V E D 08/27/2013 AMOUNT lZ6 .M 178,109.26 664.11 303,000.00 67.62 5.07 481,~ !l41,>,Oll VEND NO. P.O . NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTAlS PAGE XAPPRVD • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C L A I M SAP PRO 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 $481,9-1"'.0\:, THIS 27TH DAY OF AUGUST, 2013 * * * * * * * * * * COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER FINANCE DIRECTOR * • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DATE 8/21/13 TIME 13:43:18 NAME OF VENDOR Department CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 U N C I L M E E TIN G 0 F 08/27/2013 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ==========================================:============================================================================ DATABAR 00007974 0000067227 531.74 MAIL UTILITY BILLS 0000067227 372.85 MAIL UTILITY BILLS 0000067227 218.60 MAIL UTILITY BILLS 0000067227 72 .86 MAIL UTILITY BILLS 0000067227 93.63 MAIL UTILITY BILLS ====================== TOTAL: 1,289.68 HOME DEPOT CREDIT SERVICES 00007824 0000067183 157.56 MISC SUPPLIES 0000067183 384.50 MISC SUPPLIES 0000067183 43.06 MISC SUPPLIES 0000067183 237.94 MISC SUPPLIES 0000067183 47.03 MISC SUPPLIES 0000067183 10.23 MISe SUPPLIES 0000067183 21.36 MISC SUPPLIES 0000067183 34 .66 MISC SUPPLIES 0000067183 31.74 MISC SUPPLIES 0000067183 9.72 MISC SUPPLIES 0000067183 59.87 MISC SUPPLIES ====================== TOTAL: 1,037.67 PUD OF GRANT COUNTY 00001501 0000067165 722.31 ELECTRIC SERVICE 0000067165 17.05 ELECTRIC SERVICE 0000067165 5,109.08 ELECTRIC SERVICE 0000067165 587.44 ELECTRIC SERVICE 0000067165 1,219.97 ELECTRIC SERVICE 0000067165 65.09 ELECTRIC SERVICE DATE 8/21/13 TIME 13:43:18 NAME OF VENDOR Department CIT Y 0 F M 0 S E S TAB U L A T ION 0 F C L A I M S C 0 U N C I L M E E TIN G L A K E T 0 B E A P PRO V E 0 o F 08/27/2013 Expenditure Account PAGE 2 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000067165 1,797 .48 ELECTRIC SERVICE 0000067165 20.54 ELECTRIC SERVICE 0000067165 659.54 ELECTRIC SERVICE 0000067165 176 .87 ELECTRIC SERVICE 0000067165 18.44 ELECTRIC SERVICE 0000067165 49.04 ELECTRIC SERVICE 0000067165 25.26 ELECTRIC SERVICE 0000067165 806.03 ELECTRIC SERVICE 0000067165 188.06 ELECTRIC SERVICE 0000067165 824.94 ELECTRIC SERVICE 0000067165 34,559.74 ELECTRIC SERVICE 0000067165 12,445.62 ELECTRIC SERVICE 0000067165 100.59 ELECTRIC SERVICE 0000067165 2,001.64 ELECTRIC SERVICE 0000067165 607.13 ELECTRIC SERVICE 0000067165 1,280.90 ELECTRIC SERVICE 0000067165 983.96 ELECTRIC SERVICE ====================== TOTAL: 64 ,266.72 RIGHT CHOICE PAINTING 00006018 0000067145 9,286.95 2013 LIBRARY EXTERIOR PAINTING ====================== TOTAL: 9,286.95 STERlING SAVINGS BANK 00007077 0000067257 325.92 MISC SUPPLIES 0000067144 69.01 TURMBULL -WELLNESS 0000067153 29.60 MISC SUPPLIES 0000067144 150.00 TURMBULL -WELLNESS 0000067157 59.38 SUPPLIES & TRAVEL EXP DATE 8/21/13 PAGE 3 TIME 13:43:18 XAPPRVD NAME OF VENDOR Department CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 U N C I L M E E TIN G 0 F 08/27/2013 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================:==============================================================:= STERLING SAVINGS BANK 00007077 0000067157 0000067151 0000067151 0000067151 0000067151 0000067151 0000067151 0000067151 0000067151 0000067151 0000067151 0000067151 0000067151 0000067151 0000067151 0000067151 0000067151 0000067151 0000067246 0000067246 0000067246 0000067173 0000067173 0000067151 13.33 291. 89 16.73 193.54 31.57 395.98 650.00 158.88 232.63 231.52 64.90 84.64 360.04 116.09 14 .19 31.17 289.26 149.44 67.90 996.07 140.23 431. 93 126.73 276.57 SUPPLIES & TRAVEL EXP MISCELLANEOUS MISCELLANEOUS MISCELLANEOUS MISC SUPPLIES MISC SUPPLIES DATE 8/21 /13 TIME 13:43:18 NAME OF VENDOR Department CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 U N C I L M E E TIN G 0 F 08/27 /2013 Expenditure Account PAGE 4 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ================================================================================================================:====== 0000067151 600.00 0000067151 129 .45 0000067157 995.00 SUPPLIES & TRAVEL EXP 0000067225 379.43 MISC SUPPLIES/T & S 0000067157 87.70 SUPPLIES & TRAVEL EXP 0000067173 153.32 MISC SUPPLIES 0000067153 357.97 MISC SUPPLIES 0000067153 364.92 MISC SUPPLIES 0000067225 310.51 MISC SUPPLIES/T & S 0000067246 280.21 MISCELLANEOUS 0000067225 15.20 MISC SUPPLIES/T & S 0000067225 264.25 MISC SUPPLIES/T & S ====================== TOTAL: 9,937.10 UNITED PARCEL SERVICE 00005456 0000067180 88.00 SERVICE CHARGES ====================== TOTAL: 88.00 ====:======================== REPORT TOTAL: 85,906.12 DATE WED, AUG 21, 2013, 1,43 PM TIME 13,43,19 TOTALS BY FUND FUND 000 102 103 114 116 410 490 493 495 49B 517 519 52B CIT Y 0 F M 0 S E S TAB U L A T ION 0 F C L A I M S C 0 U N C I L M E E TIN G FUND NAME GENERAL FUND TOURISM ACTIVITIES GRANTS AND DONATIONS PATHS & TRAI LS STREET WATER/SEWER SANITATION FUND STORM WATER AIRPORT AMBULANCE SERVICE FUND CENTRAL SERVICES EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW. L A K E T 0 B E A P PRO V E D o F OB/27/2013 AMOUNT 17,669.B3 B76.57 129.45 995.00 1,013.00 4B,527.32 21B.60 160.56 100.59 246.95 722.B9 605.92 14,639.44 B5,906.12 VEND NO . P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTALS PAGE XAPPRVD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C L A I M SAP PRO 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 * * * * COUNCIL MEMBER * * * * COUNCIL MEMBER * * $B5,906.12 THIS 27TH DAY OF AUGUST, 2013 COUNCIL MEMBER FINANCE DIRECTOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DATE 8/23/13 TIME 09:05:11 NAME OF VENDOR Department CIT Y 0 F M 0 S E S TAB U L A T ION 0 F C L A I M S C 0 U N C I L M E E TIN G LA K E T 0 B E A P PRO V E D o F 08/27/2013 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O . Amount Purpose of Purchase ======================================================================================================================= A & H PRINTERS 00000001 AIREFCO INC 00005311 ALPINE PRODUCTS INC 00005052 APWA 00000004 AQUATIC SPECIALTY SERVICES 00007861 BASIN SEPTIC SERVICES 00000166 BESSE MEDICAL SUPPLY 00006688 BLUMENTHAL UNIFORM CO INC 00000133 0000067235 0000067241 219.76 127.86 ====================:= TOTAL: 347.62 0000067185 432.17 ====================== TOTAL: 432 .17 0000067184 1,068.89 ====================== TOTAL: 1,068.89 0000067226 760.00 ====================== TOTAL: 760 .00 0000067253 11,639.18 0000067253 837.30 ====================== TOTAL: 0000066964 0000066964 0000066964 0000066964 0000066964 TOTAL: 0000067230 TOTAL: 0000067239 0000067161 0000067161 12,476.48 339.90 113.30 129.48 129.48 16.19 728.35 111. 09 111. 09 1,142.98 221. 09 256.69 ====================== TOTAL: 1,620.76 AFTER SCHOOL SPCRTS FLYERS PRINTING TIMERS COLD PATCH APWA MEMBERSHIP RENEWAL SNS MAINTENANCE SUPPLIES SNS MAINTENANCE SUPPLIES SEPTIC SERVICES SEPTIC SERVICES SEPTIC SERVICES SEPTIC SERVICES SEPTIC SERVICES AMBULANCE SUPPLIES UNIFORMS UNIFORM SHIRTS, PANTS UNIFORM SHIRTS, PANTS DATE 8/23/13 TIME 09:05:11 NAME OF VENDOR Department CIT Y 0 F M 0 S E S TAB U L A T ION 0 F C L A I M S C 0 U N C I L M E E TIN G LA K E T 0 B E A P PRO V E D o F 08/27/2013 Expenditure Account PAGE 2 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ====================:================================================================================================== BOUND TREE MEDICAL LLC 00006022 BSN SPORTS 00006942 BUD CLARY CHEVROLET 00005392 BUD CLARY CHRYSLER DODGE JEEP 00005449 BUD CLARY FORD 00006454 CASCADE ANALYTICAL INC 00005014 CASCADE FIRE CORPORATION 00003644 CASCADE NATURAL GAS CORP 00000203 CENTRAL MANUFACTURING INC 00005478 0000067175 165.14 ====================== TOTAL: 165.14 0000067234 1,912.43 ====================== TOTAL: 1,912.43 0000064826 30,866.40 0000064826 30,866.40 0000064826 30,866.40 0000066264 23,532.42 ====================== TOTAL: 0000067187 TOTAL: 0000067186 TOTAL: 0000067192 0000067192 116,131. 62 104.74 104.74 72 .80 72 .80 220.00 335.08 ===============:====== TOTAL: 555.08 0000067159 802.93 ==================:=== TOTAL: 802.93 0000067236 4,205.83 0000067236 10.60 0000067181 61. 95 0000067181 11.37 :===================== TOTAL: 4,289.75 0000067188 849.00 AMBULANCE SUPPLIES LAUZIER FIELD SUPPLIES NEW POLICE VEHICLES NEW POLICE VEHICLES NEW POLICE VEHICLES MINI CARGO VAN ACTUATOR BRAKE KIT SAMPLE TESTING SAMPLE TESTING HELMETS, GOGGLES, HOODS SNS/LRC GAS USAGE SNS/LRC GAS USAGE NAT GAS SERVICE NAT GAS SERVICE SUPPLIES DATE 8/23/13 TIME 09:05:11 NAME OF VENDOR Department CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D CO U N C I L ME E TIN G 0 F 08/27/2013 Expenditure Account PAGE 3 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ~====================================================================================================================== ====================== TOTAL: 849.00 CENTURYLINK 00001502 0000067255 42.47 TELEPHONE SERVICE 0000067255 223.16 TELEPHONE SERVICE 0000067255 128.22 TELEPHONE SERVICE 0000067255 263 .91 TELEPHONE SERVICE 0000067255 75.67 TELEPHONE SERVICE 0000067255 42.47 TELEPHONE SERVICE 0000067255 2,619.10 TELEPHONE SERVICE 0000067255 175.94 TELEPHONE SERVICE ====================== TOTAL: 3,570.94 CHASE PAYMENTECH -EFT 00004046 0000067166 922.71 CREDIT CARD FEES 0000067166 646.99 CREDIT CARD FEES 0000067166 379.34 CREDIT CARD FEES 0000067166 126.44 CREDIT CARD FEES 0000067166 162.48 CREDIT CARD FEES ====================== TOTAL: 2,237.96 CITY OF MOSES LAKE 00008201 0000067249 788.55 WATER SERVICE 0000067249 394.68 WATER SERVICE 0000067249 1,979.04 WATER SERVICE 0000067249 219.36 WATER SERVICE TOTAL: 3,381.63 00008106 0000067146 488.79 RETAlNAGE-RIGHT CHOICE PAINT TOTAL: 488.79 COMMERCIAL TIRE 00005968 0000067193 854.78 NEW TIRES DATE 8/23/13 TIME 09,05,11 NAME OF VENDOR Department CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D CO U N C I L ME E TIN G 0 F 08/27/2013 Expenditure Account PAGE 4 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CONCESSIONS SUPPLY 00006286 CONSOLIDATED ELECTRIC DIST 00000819 CURT LEDEBOER 00003539 D & L FOUNDRY INC 00006673 DESERT MACHINE LLC 00005889 E F RECOVERY 00007244 EASTERN CASCADE DIST 00006909 FABER INDUSTRIAL SUPPLY 00000501 FASTENAL COMPANY 00007372 FOOD SERVICES OF AMERICA 00007168 TOTAL, 0000067233 0000067233 854.78 757.04 228.84 TOTAL, 985.88 LARSON FIELD/SNS RESALE LARSON FIELD/SNS RESALE 0000066966 0000067191 0000067191 16.33 MISC SUPPLIES 40.53 MISC SUPPLIES 88.00 MISC SUPPLIES TOTAL: 144.86 0000067247 140.00 TOTAL: 140.00 0000067195 90.21 ====================== TOTAL: 90.21 0000067194 65.17 TOTAL: 65.17 0000067231 841. 50 ====================== TOTAL: 841. 50 0000067237 55.00 ====================== TOTAL: 0000066967 0000067197 TOTAL, 0000067198 0000067198 55.00 82.92 62.33 145.25 2,381.11 26.05 ====================== TOTAL: 2,407.16 UNIFORMS MONUMENT LIDS MISC SUPPLIES PROF SERVICE DRINKING WATER MISC SUPPLIES GRAFFITI REMOVER MISC SUPPLIES MISC SUPPLIES DATE 8/23/13 TIME 09:05:11 NAME OF VENDOR Department CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 U N C I L M E E TIN G 0 F 08/27/2013 Expenditure Account PAGE 5 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= GRAINGER PARTS OPERATIONS 00002155 GRANT RECORD SEARCH 00007137 H D FOWLER COMPANY 00003868 HELENA CHEMICAL COMPANY 00006809 IBS INC 00004860 JAMES & TERESA WENTLAND 00007938 JERRYS AUTO SUPPLY 00005835 0000067125 98.76 MAC MEMBERSHIP 0000067125 5,581.16 MAC MEMBERSHI P 0000067125 1,165.19 MAC MEMBERSHI P 0000067125 69.62 MAC MEMBERSHIP ====================== TOTAL: 6,9l4.73 0000067199 158.45 MISC SUPPLIES 0000067199 13.11 MISC SUPPLIES 0000067199 42.26 MISC SUPPLIES ====================== TOTAL: 213.82 0000067256 404.63 RECORD SEARCH APRIL-JUNE 2013 ====================== TOTAL: 404.63 0000061201 3,121.95 MISC METER SUPPLIES ====================== TOTAL: 3,121.95 0000061260 1,454.07 CHEMICALS/FERTILIZER TOTAL: 1,454.01 0000067203 0000061203 0000067203 467.89 DRILL BITS, STOCK SUPPLIES TOTAL: 0000061261 TOTAL: 0000061148 0000067204 0000067204 0000067204 199.10 DRILL BITS, STOCK SUPPLIES 331.08 DRILL BITS, STOCK SUPPLIES 998.61 112.00 112.00 91. 56 47.31 47.98 265.89 HORSEMANSHIP INSTRUCTION MISC PARKS RSPAIR SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES DATE 8/23/13 TIME 09:05:11 NAME OF VENDOR Department CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 U N C I L M E E TIN G 0 F 08/27/2013 Expenditure Account PAGE 6 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purcbase ======================================================================================================================= ====================== TOTAL: 452.80 JOE ROGERS 00006547 0000067244 100.00 SERVICES ====================== TOTAL: 100.00 JOSH WEAVER 00005944 0000067223 85.00 REIMB COL TOTAL: 85.00 KONICA MINOLTA BUSINESS SOL 00007194 0000067178 302.84 MAINT AGREEMENT/CH COPIER TOTAL: 302.84 KYLE MCCAIN 00007126 0000067240 140.00 UNIFORMS ====================== TOTAL: 140.00 MERCHANT SOLUTIONS -EFI 00005882 0000067167 145.10 CREDIT CARD FEES 0000067167 106.35 CREDIT CARD FEES 0000067167 46.47 CREDIT CARD FEES 0000067167 2,789.27 CREDIT CARD FEES 0000067167 344.59 CREDIT CARD FEES 0000067167 29.43 CREDIT CARD FEES 0000067167 18.93 CREDIT CARD FEES 0000067167 10.00 CREDIT CARD FEES 0000067167 13 .30 CREDIT CARD FEES 0000067167 9.32 CREDIT CARD FEES 0000067167 5.47 CREDIT CARD FEES 0000067167 1. 84 CREDIT CARD FEES 0000067167 2.34 CREDIT CARD FEES ====================== TOTAL: 3,522.41 MICROFLEX INC 00005896 0000067179 25.88 TAX AUDIT PROGRAM DATE 8/23/13 TIME 09:05:11 CIT Y 0 F M 0 S E S L A K E PAGE 7 XAPPRVD TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 U N C I L M E E TIN G 0 F 08/27/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ====================== TOTAL: 25.88 MOSES LAKE SOCCER TOTS 00007063 0000067156 404.00 PROGRAM INSTRUCTION =======:===:========== TOTAL: 404.00 MOSES LAKE STEEL SUPPLY 00001268 0000066972 78.48 MISC SUPPLIES 0000066972 48.49 MISC SUPPLIES 0000066972 12.34 MISC SUPPLIES 0000067209 160.02 MISC SUPPLIES 0000067209 67.66 MISC SUPPLIES 0000067209 17.84 MISC SUPPLIES ========:====:======== TOTAL : 384.83 MOSES LAKE YOUTH DYNAMICS 00002940 0000067252 300.00 SERVICES ====================== TOTAL: 300.00 NORTH CENTRAL WASHINGTON FENCE 00006902 0000066973 619.99 MISC SUPPLIES ====================== TOTAL: 619.99 NORTHSTAR CHEMICAL INC 00006113 0000067212 6,541.39 SODIUM HYPO ====================== TOTAL: 6,541.39 NORTHWEST HOSE & FITTINGS 00001302 0000067211 91.41 MISC SUPPLIES 0000067211 441.16 MISC SUPPLIES =======:============== TOTAL: 532.57 OGDEN MURPHY WALLACE INC 00006727 0000067164 827.08 PROF SERVICES =================:==== TOTAL: 827.08 OXARC INC 00001412 0000066976 210.24 MISC SUPPLIES 0000067213 40 .88 SAFETY VESTS, GLOVES 0000067213 11 .86 SAFETY VESTS, GLOVES DATE B/23/13 TIME 09:05:11 NAME OF VENDOR Department CIT 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 ME E TIN G 0 F OB/27/2013 Expenditure Account PAGE B XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= PARKSON CORP 00006B91 PERFECTION TIRE & AUTOMOTIVE 00004609 POLLARDWATER.COM 00006064 PROGRESSIVE MEDICAL INTL 00006656 PUD OF GRANT COUNTY 00001501 QCL INC 00006542 QUILL CORPORATION 00004811 RAMADA MOSES LAKE 00006BB4 REDFLEX TRAFFIC SYSTEMS 00004B37 SAN DIEGO POLICE EQUIPMENT 00007332 TOTAL: 262 .9B 0000067229 6,B47.22 TOTAL: 6,B47.22 0000067214 373.04 TOTAL: 373.04 0000067215 0000067215 221.23 905.27 ====================== TOTAL: 1,126.50 MISC SUPPLIES FRONT END ALIGNMENT WRENCEES, TAPE WRENCHES, TAPE 0000067174 0000067160 458.41 AMBULANCE SUPPLIES 149.00 AMBULANCE SUPPLIES TOTAL: 607.41 0000067171 0000067171 TOTAL: 1,3B1.10 34,727.26 36,10B.36 ELEC SERVICE/ST LIGHTS ELEC SERVICE/ST LIGHTS 0000067262 2,496.00 AUDIOGRAM TESTING TOTAL: 000006715B 000006715B 000006715B 2,496.00 127.7B 71.19 127.77 ====================== TOTAL: 326.74 0000067149 3,613.27 ====================== TOTAL: 3,613.27 000006716B 15,507.B7 TOTAL: 15,507.B7 MISC OFFICE SUPPLIES MISC OFFICE SUPPLIES MISC OFFICE SUPPLIES CONCERT PERFORMER LODGING PROF SERVICE/RED LIGHT TICKETS DATE 8/23/13 TIME 09:05:11 NAME OF VENDOR Department CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S C 0 U N C I L M E E TIN G T 0 B E A P PRO V E D o F 08/27/2013 Expenditure Account PAGE 9 XAPPRVD VENDOR NO Object Description P.O . Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000067242 5,660.43 AMMUMITION ====================== TOTAL: 5,660.43 SAUL C CASTILLO 00000810 0000067251 110.00 PROF SERVICE ====================== TOTAL: 110.00 SCHAEFFER MFG COMPANY 00003823 0000067217 1,335.15 OIL ====================== TOTAL: 1,335.15 SHERWIN-WILLIAMS 00006229 0000066979 487.62 MISC SUPPLIES 0000066979 230.80 MISC SUPPLIES 0000066979 221.42 MISC SUPPLIES 0000067219 2,432.93 TRAFFIC PAINT 0000067219 56.05 TRAFFIC PAINT ====================== TOTAL: 3,428.82 SHIRTBUILDERS INC 00004022 0000067177 7.55 EMBROIDERY TOTAL: 7.55 SIGNS NOW 00007051 0000067152 585.21 LARSON PLAYFIELD SIGNAGE TOTAL: 585 .21 SPECIALTY WELDING INC 00006084 0000067176 577.27 FABRICATE/PAINT WRENCHES ====================== TOTAL: 577.27 SPECTRUM COMNDNICATIONS 00002691 0000067218 193.19 REPAIR RADIOS ====================== TOTAL: 193 .19 ST BRIGIDS BREWERY LLC 00005475 0000067232 45.60 MAC RESALE TOTAL: 45.60 STAPLES CREDIT PLAN 00007570 0000067282 101. 38 TONER TOTAL: 101. 38 STATE AUDITORS OFFICE 00003249 0000067248 1,203.18 GENERAL AUDIT CHARGES DATE 8/23/13 TIME 09:05:11 CIT Y 0 F M 0 S E S L A K E PAGE 10 XAPPRVD TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 U N C I L M E E TIN G 0 F 08/27/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= SUNRISE ENVIRON SCIENTIFIC 00005283 SUNTRUST 00007361 T 0 ENGINEERS 00005176 THE FIREFLY CAFE 00004186 THOMSON REUTERS -WEST 00004968 TITAN TRUCK EQUIPMENT 00007965 UNDERWRITERS LABORATORIES INC 00006987 UTIL UNDRGRND LOCATION CENTER 00004598 TOTAL: 1,203.18 0000067155 642.80 ====================== TOTAL: 642.80 0000067245 324.02 0000067245 3.89 0000067245 3,458 .09 0000067245 95.40 0000067245 9,635.20 0000067245 61. 65 TOTAL: 13,578.25 0000067221 500.00 ====================== TOTAL: 500.00 0000067238 342.26 ====================== TOTAL: 0000067009 0000067163 TOTAL: 0000067220 0000067162 0000067162 342.26 301. 56 931.18 1,232.74 936.95 936.95 1,044.45 975.00 ====================== TOTAL: 0000067222 0000067222 2,019.45 63.84 63.84 GRAFFITII REMOVER #35 LEASE PYMT/SEPT #35 LEASE PYMT/SEPT #35 LEASE PYMT/SEPT #35 LEASE PYMT/SEPT #35 LEASE PYMT/SEPT #35 LEASE PYMT/SEPT PROF SERVICE NATIONAL NIGHT OUT SUBSCRIPTION RENEWAL LEGAL BOOKS VEBICLE REPAIR INSPECTION SERVICES INSPECTION SERVICES UTILITY LOCATES UTILITY LOCATES DATE 8/23/13 TIME 09:05:11 NAME OF VENDOR Department CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E 0 C 0 U N C I L M E E TIN G 0 F 08/27/2013 Expenditure Account PAGE 11 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 0000067222 63.84 UTILITY LOCATES ====================== TUTAL: 191. 52 VERIZON WIRELESS 00002107 0000067169 160.03 MONTHLY USAGE CHARGES ====================== TOTAL: 160.03 WAC E 00006867 0000067143 240.00 HARDEN-WACE FALL CONF REG/DUES TOTAL: 240.00 w C P SOLUTIONS 00006671 0000067224 456.64 MISC CLEANING SUPPLIES TUTAL: 456.64 ============================= REPORT TOTAL: 286,114.45 DATE FRI, AUG 23, 2013, 9:05 AM TIME 09:05:12 TOTAlS BY FUND FUND -------- 000 102 103 116 275 410 483 490 493 495 498 517 519 528 CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 UN C I L M E E TIN G 0 F 08/27/2013 FUND NAME AMOUNT ---------------------------------------------------- GENERAL FUND 72 ,756.89 TOURISM ACTIVITIES 3,613.27 GRANTS AND DONATIONS 69.62 STREET 38,951.89 EQUIPMENT LEASES 327.91 WATER/SEWER 26,994.76 W/S LEASES 3,553.49 SANITATION FUND 384.81 STORM WATER 251.96 AIRPORT 500.00 AMBULANCE SERVICE FUND 2,476.92 CENTRA! SERVICES 3,023.32 EQUIPMENT RENTAL 131,000 .89 BUILD MAINTENANCE 2,208.72 TOTAlS PAGE XAPPRVD DATE FRI, AUG 23, 2013, 9:05 AM TIME 09:05:12 CIT Y 0 F M 0 S E S L A K E TOTALS BY FUND FUND TAB U L A T ION 0 F C L A I M S T 0 C 0 U N C I L M E E TIN G 0 F FUND NAME TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW. B E A P PRO V E D 08/27/2013 AMOUNT 286,114.45 VEND NO . P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTALS PAGE XAPPRVD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , , , * , C L A I M SAP PRO 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 $286,114.45 THIS 27TH DAY OF AUGUST, 2013 ' * , , * , * , COUNCIL MEMBER COUNCIL MEMBER , , , * , * * , COUNCIL MEMBER FINANCE DIRECTOR , , , * , * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * August 20, 2013 TO: City Manager For City Council Consideration FROM: Municipal Services Director SUBJECT: Accept Work Seal Coat Project -2013 Central Washington Asphalt, Inc. has completed the work for the 2013 Seal Coat Project. The project included chip sealing Valley Road and various residential streets. The final construction cost for this project is $462,115 as compared with the total bid amount of $547,625. The savings resulted from using less oil and rock than what was The contract work is physically complete and ready for acceptance by City Council. The 60-day lien period will begin upon acceptance of the work, as required by Washington State Law. Respectfully Submitted, ~~~ Municipal Services Director August 71h, 2013 TO: City Manager For City Council Consideration FROM: Municipal Services Director SUBJECT: ACCEPT STREET AND UTILITY IMPROVEMENTS SUNBURST MULTI-FAMILY MAJOR PLAT The attached resolution is presented to the City Council for acceptance of street and utility improvements, lying in dedicated right-of-way or easements, as part of the Sunburst Multi- Family Major Plat. These improvements have been in accordance with the City of Moses Lake's Street and Utility Standards. The attached resolution and site plan is attached for council consideration. R~}:Y ,"bmi",~ \\ GMYGH=~S ~ Municipal Services Director GH;MM;tv encl. cc: Project Engineer -Mike Moro RESOLUTION NO. 3379 A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF THE SUNBURST MULTI-FAMILY MAJOR PLAT Recitals: I. Street and utility improvements, lying in dedicated right-of-way or easements, are in place and constructed to the City of Moses Lake's street and utility systems as part of the Sunburst Multi-Family Major Plat. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake's Community Standards, such installation being completed in March, 2013. 3. RCW 35.91.030 indicated that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. Resolved: I. The City of Moses Lake accepts the street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of such facilities as authorized by ordinance, contingent upon filing of the plat. ACCEPTED by the City Council on August 27t" 2013. Bill J. Ecret, Mayor ATTEST: W. Robert Taylor, Finance Director August 21, 2013 TO: FROM: SUBJECT: City Manager F or City Council Consideration Municipal Services Director Resolution -Boundary Line Adjustment -Estate of Ralph B. & Lois E. Kenison -Cascade Park The attached resolution gives approval for a boundary line adjustment along a portion of the east property line of Cascade Park. The adjacent property is owned by the Estate of Ralph B. & Lois E. Kenison. This will move the property line to correspond to actual usage. The resolution is for City Council consideration. ;:::;":;:~ Gary Harer, PEIPLS Municipal Services Director RESOLUTION NO. A RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT FOR PROPERTY OWNED BY THE CITY AND PROPERTY OWNED BY THE EST ATE OF RALPH B. AND LOIS E. KENISON RECITALS: l. Resolution 238 provides all grants of real estate, or any interest herein, to the City of Moses Lake, shall not be accepted and granted until a resolution has been duly passed by the City Council. 2. The City owns the parcel where Cascade Park is located. The adjoining property is owned by the Estate of Ralph B. and Lois E. Kenison 3. The boundary line adjustment will move the property line to correspond to actual usage. 4. It is advantageous for the City and the Estate of Ralph B. and Lois E. Kenison to adjust the common property line. 5. Exchanging quit claim deeds and filing a boundary line adjustment survey are required to adjust the property line. 6. The two properties that are being exchanged have similar values. RESOLVED: 1. The City of Moses Lake, Washington, declares that it is advantageous for the City to adjust the common property line by exchanging quit claim deeds and filing a boundary line adjustment survey. 2. The quit claim deed from the Estate of Ralph B. and Lois E. Kenison to the City for the following described property is accepted: THAT PORTION OF LOT 16, CRESTVIEW ESTATES NO.3, AS FILED IN BOOK 3 OF PLATS, PAGE 27 AND THAT PORTION OF GOVERNMENT LOT I AND THAT PORTION OF THE NORTHEAST Y. OF SECTION 16, TOWNSHIP 19 NORTH, RANGE 28 EAST, W.M., GRANT COUNTY, WASHINGTON, SHOWN ON RECORD OF SURVEY, A.F.N. 1321089, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER v.. OF SAID SECTION 16, MARKED BY A Y, INCH REBAR, FROM WHICH THE NORTH v.. CORNER OF SAID SECTION 16, MARKED BY A USBR BRASS CAP, BEARS No029'46"W, 2689.10 FEET; THENCE So 028'17"E ALONG THE EAST LINE OF THE SOUTHWEST v.. OF SAID SECTION 16, A DISTANCE OF 265 .62 FEET; THENCE ADJACENT TO, AND 1 FOOT WEST OF AN EXISTING CHAIN-LINK FENCE THE FOLLOWING THREE (3) COURSES: S09°00' 11 "E, 90.22 FEET; • THENCE SOoo36'39"W, 402.55 FEET • THENCE S3 9°10'10"W, 52 FEET, MORE OR LESS, TO THE SHORELINE OF MOSES LAKE, HEREAFTER REFERRED TO AS POINT "A"; THENCE BEGINNING AGAIN AT THE POINT OF BEGINNING; THENCE N89°33'42"E ALONG THE SOUTH LINE OF THE NORTHEAST v.. OF SAID SECTION 16, A DISTANCE OF 299.32 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN AUDITOR'S FILE NUMBER (AFN) 1047567, RECORDS OF SAID GRANT COUNTY; THENCE Noo26'08"W ALONG THE EAST LINE OF SAID PARCEL AND ALSO ALONG THE EAST LINE OF THAT PARCEL OF LAND DESCRIBED IN AFN 1054862, A DISTANCE OF 67.85 FEET TO THE POINT OF CURVATURE OF A 460.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN AFN 1054862 THE FOLLOWING THREE (3) COURSES: THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34°45'49", A DISTANCE OF 279.10 FEET, WHOSE CHORD BEARS NI7°48'49"W, 274.84 FEET TO THE POINT OF CURVATURE OF A 540.00 FOOT RADIUS REVERSE CURVE CONCAVE TO THE NORTHEAST; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 25°44'49", A DISTANCE OF 242.66 FEET, WHOSE CHORD BEARS N22°19'26"W, 240.62 FEET; THENCE S81 °05'29"W, 0.97 FEET TO THE EASTERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN AFN 355563; THENCE ALONG THE EASTERLY, NORTH AND WEST BOUNDARIES OF SAID PARCEL DESCRIBED IN AFN 355563 THE FOLLOWING THREE (3) COURSES 3. The quit claim deed from the City to the Estate of Ralph B. and Lois E. Kenison for the following described property is granted: THAT PORTION OF LOT 16, CRESTVIEW ESTATES NO.3, AS FILED IN BOOK 3 OF PLA TS, PAGE 27 AND THAT PORTION OF GOVERNMENT LOT 1 AND THAT PORTION OF THE NORTHEAST Y. OF SECTION 16, TOWNSHIP 19 NORTH, RANGE 28 EAST, W.M., GRANT COUNTY, WASHINGTON, SHOWN ON RECORD OF SURVEY, A.F.N. 1321089, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER Y. OF SAID SECTION 16, MARKED BY A y, INCH REBAR, FROM WHICH THE NORTH Y. CORNER OF SAID SECTION 16, MARKED BY A USBR BRASS CAP, BEARS No029'46"W, 2689.10 FEET; THENCE So028'17"E ALONG THE EAST LINE OF THE SOUTHWEST Y. OF SAID SECTION 16, A DISTANCE OF 265.62 FEET; THENCE ADJACENT TO, AND 1 FOOT WEST OF AN EXISTING CHAIN-LINK FENCE THE FOLLOWING THREE (3) COURSES: S09°00'11 "E, 90.22 FEET; THENCE S00036'39"W, 402.55 FEET THENCE S39°10'10"W, 52 FEET, MORE OR LESS, TO THE SHORELINE OF MOSES LAKE, HEREAFTER REFERRED TO AS POINT "A"; THENCE BEGINNING AGAIN AT THE POINT OF BEGINNING; THENCE N89°33'42"E ALONG THE SOUTH LINE OF THE NORTHEAST Y. OF SAID SECTION 16, A DISTANCE OF 299.32 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN AUDITOR'S FILE NUMBER (AFN) 1047567, RECORDS OF SAID GRANT COUNTY; THENCE No026'08"W ALONG THE EAST LINE OF SAID PARCEL AND ALSO ALONG THE EAST LINE OF THAT PARCEL OF LAND DESCRIBED IN AFN 1054862, A DISTANCE OF 67.85 FEET TO THE POINT OF CURVATURE OF A 460.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN AFN 1054862 THE FOLLOWING THREE (3) COURSES: THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34°45'49", A DISTANCE OF 279.10 FEET, WHOSE CHORD BEARS NI7°48'49"W, 274.84 FEET TO THE POINT OF CURVATURE OF A 540.00 FOOT RADIUS REVERSE CURVE CONCAVE TO THE NORTHEAST; THENCE ALONG THE ARC OF SAID CURVE TO THE RlGHT THROUGH A CENTRAL ANGLE OF 25°44'49", A DISTANCE OF 242.66 FEET, WHOSE CHORD BEARS N22°19'26"W, 240.62 FEET; THENCE S81 °05'29"W, 0.97 FEET TO THE EASTERLY BOUNDARY OF THAT PARCEL OF LAND DESCRlBED IN AFN 355563 ; THENCE ALONG THE EASTERLY, NORTH AND WEST BOUNDARIES OF SAID PARCEL DESCRIBED IN AFN 355563 THE FOLLOWING THREE (3) COURSES: Adopted by the City Council on August 27th , 2013 . Bill J. Ecret, Mayor ATTEST: W. Robert Taylor, Finance Director ,····r·· /-••• ~ 2S BRASS C ,'t-~. ':::--A~ CITY (F MO~ IN CASE CASCADE PARK BOUNDARY LINE ADJUSTMENT-LOT CONSOLIDATION A RECORD OF SURVEY IN PORTIONS OF SECTION 16 , TOWNSHIP 19 NORTH, RANGE 28 EAST, W.M., MOSES LAKE, GRANT COUNTY, WASHINGTON. .. 'r--87'47'10"E 2.95,1..Al(E [ , ",'f' .' 8~ /' I ....... / \ ~I~~,/ .L1~ 6 , _ -=1'---1:: _ -Ji: --~8"ii~3t:S-i'~E.:..eIl8.47· ® 20' .....-r-::::t!72 _~L9 ",-, < ,,-- I ---b- -~ """= 1M.91 ., "l..s 10&57" I" );-1/2" REBAR : -"P.OB rrn.,' .. o.JJ .....• __ .... ~J \'r1RE FENCE "~ k l ® ~~. ..-8*1 ,,<.. z . /' 9.06' ', ... J /32.55' 10.0J;I;\ " \, -"--... \"-@ GRl.Pl::IIC SCME: i i T l Ul ~m>l' ) 1 Ineb. .. I!CD It. n) (C;~:"") , .. /········-i\".n .. ·· ... MAP NOJES 1. BOLD·TYPE FONT OENOTES EXTERiOR PROPERTY BOUNDARY. 2. ALL DISTANCES SHOW ARE GROUND DISTANCE. ~ 'OIl, i> o !.WJ>IIl. SECTlON CORNER/QUARTffi MARKER FOUND usaR BRASS CloP MONUMENT , FOUND 2 1/2" BRASS CloP MONUMENT. I aTY Of MOses LAKE. OR AS NOTED = <D FOUND STREET MONUMENT AT CENTERUNE or DENTON ROAD AND SECl10N 1/16 UNE INlmSECT, N3 SHOI'A'! ON VAllEY HOMES PLAT. (II ttNlERUNE Of E)QstlNG CITY STREET AS BUILT IN 2007, AND PROPOSED FUTlJRE ROAD RIGHT-OF-WAY. @ MUIiIQPA1. ROAD EASEMENT PER Am 1024918. @ -'!D' I'IIOE MUNICIPAL \'/AlER EASFlltENT, PER AfN 822669. @ CENiERUNE OF BURIED PO\'i!R EAs:o.!ENT, UNDEFINED ''I'IOTH, PER AFN 598624. ® MUNICIPAl. ROAD EASEMENT PER Am 1082048. ('i) EXlSTlNG ROAD EASEMENT PER COUNTY ROAD APPUCATION NO. 1316. Am 741149. ® FOUND 1/2" REBAR, UNKNOWN ORIGIN. FOUND 3/4" REBAR IVITH METAl. IVASHER "LS 10057" FROM UNRECORDED SURVEY IN RON BAK£R'S ALES. 1/2" REBAR IS THE ~ABUSHED C 1/4 BY REFERENCE & USAGE (BY NUMEROUS PI..ATS ll. stJR'I£YS). AND IS HElD FOR POSmON ON THIS SURVEY. ® 20' WlDE unuTY EASEMENT PER AFN 1076565. @ FOUND MON CASE ANa STRADDlE NAILS FROM 199B CITY STREET RECONSTRUCTION. \'£RIFlED BOUNOMY LOCAtiON OF CASE AND STRAODLES.. SET 2" BRASS CAP MONUMENT FROM STRADDLES.. (jj) EXISTING CENTERUNE OF CONSTRUClED COUNTY ROAD AS SURVE'I'ED, 7/2012. UNRECORDED INFORMATiON ACQUIRm FROM GRANT COUI'{TY PUBUC WORKS WAS NE5'S£SSARY TO COMPUTE ROADWAY CENTERUNE. CentRUNE MAPPING INFORMATION NOT SHOI'itf. All. fOUND MONUMENTS ARE 3.5" BRASS CAP, PLS 43619, IN "SEC @ ~~~~gF~~'i~~, f~~IACyOU~~ROAO 8 o FOUND REBAR OR AS NOTED ~ SET 2" BRASS CAP MONUMENT. PLS 48321 _ _ _ _ ___ _ o II [ 1 " SET S/S" REBAR & CAP, PLS 46321 CALOJLATED POINT ONLY RECORD DATA PER DEED, AFN 35SSB3 RECORD DATA PER QUIT CLAIM DEED, AFN 1054862 RECORD DATA PER QUIT a..AlM DEED. AFN 1047567 . _. _. -SECTION UNE ,---------------------------------------------------" ~ _______ ~~~~~~~RLNE Property deeded to the estate of Ralph B. & Lois E. Kenison ---EXlSllNG R.O.W. UNE ---R.O.\'I. CENTERUNE -------ROAOW,W CENlERUNE ------EXlSllNG EASENENT ----X-EXlS11NG FENCE ---OROINARY HIGH WATER MARI< 8/2012 _____ ClOSURE CAlC1JLAllON UNE -------:. PROPERTY UNE TO BE EXTINGUISHED August 20, 2013 Honorable Mayor and Moses Lake City Council Dear Council Members CITY OF MOSES LAKE Attached is a proposed ordinance continuing the moratorium on the establishment of medical marijuana collective gardens. A public hearing has been scheduled . The Council should open the public hearing and take testimony on the continuation of the moratorium . The proposed ordinance is presented to the Council for consideration. This is the second reading of the ordinance. Respectfully submi 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. Drawer 1579 · Moses Lake, WA 98837-0244 · www.cityofml.com Recitals: ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOSES LAKE EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF MEDICAL MARIJUANA COLLECTIVE GARDENS, DEFINING "MEDICAL MARIJUANA COLLECTIVE GARDENS"; PROVIDING FOR A PUBLIC HEARING; ESTABLISHING AN EFFECTIVE DATE, AND PROVIDING THATTHE MORATORIUM, UNLESS EXTENDED, WILL SUNSET WITHIN SIX (6) MONTHS OF THE DATE OF ADOPTION. 1. On September 27, 2011 , the City Council passed Ordinance No. 2630 imposing a moratorium on the licensing, establishment, maintenance or continuation of any medical marijuana collective garden; and 2. Ordinance No. 2630 defined the medical marijuana collective gardens that were subject to the moratorium and adopted findings and conclusions supporting the moratorium; and 3. On September 27, 2011 , the City Council conducted a public hearing to take public testimony on the imposition of the moratorium; and 4. Additional time is needed to allow the City to consider land use regulations to address medical marijuana collective gardens; and 5. RCW 35A63.220 and RCW 36. 70A390 allow the City to extend a moratorium for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal ; and 6. Because the moratorium was setto expire on September 16, 2013, the City Council considered the issue of whether the moratorium should be extended for an additional six-month period during its regular Council meeting on August 27,2013, and; 7. The City Council desires to enter findings in support of extension of the moratorium; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. The recitals set forth above are hereby incorporated as findings of fact Section 2. The City Council further finds as follows: A The possession or distribution of marijuana has been and continues to be a violation of state law pursuant to Chapter 69.50 RCW (Washington's uniform Controlled Substances Act), and federal law, through the Controlled Substances Act; and B. In 1998, the voters of Washington State approved Initiative 692, now codified as Chapter 69.51A RCW, which created a limited defense to marijuana charges under state, not federal law, if the person charged could demonstrate that he or she was a qualifying patient or deSignated provider as those terms are defined in Ch. 69.51A RCW; and C. In 2011 , the state legislature passed Engrossed Second Substitute Senate Bill (E2SSB) 5073 making significant amendments to the medical marijuana law in Washington ; and D. The Governor signed the E2SSB 5073, but vetoed several portions expressing her reservations about provisions that involved state employees in activities that could be interpreted as in violation of federal laws; and E. E2SSB 5073 because effective on July 22,2011 ; and ORDINANCE NO. PAGE 2 August 27, 2013 F. E2SSB 5073 authorizes "collective gardens" where up to ten qualifying patients may join together to produce, grow and deliver up to 45 marijuana or cannabis plants for medical use; and G. Under E2SSB 5073 there is no limit to the number of medical marijuana collective gardens that may be located at any site nor restrictions as to where collective gardens may be located in relation to other uses; and H. Medical marijuana collective gardens are not currently addressed in the Moses Lake zoning code and under Section 1102 of E2SSB 5073 cities may adopt zoning requirements for collective gardens; and I. Unless the moratorium imposed by Ordinance No. 2630 is extended, medical marijuana collective gardens may be located within the City of Moses Lake while the City lacks the necessary tools to ensure the location is appropriate and that the potential secondary impacts of collective gardens are minimized and mitigated; and J. Initiative Measure No. 502, filed July 8,2011 and on the ballot in November, 2012, proposed to legalize the production , possession, delivery, distribution and sale of marijuana subject to regulation by the State Liquor Control Board for both recreational and medicinal use; and K. Since Initiative 502 was passed by popular vote, the State will issue licenses to marijuana producers, processors andretailers for locations and operations within city limits, and the State Liquor Board must adopt rules associated with the regulation of licensed marijuana producers, processors and retailers within city limits by December 1, 2013; and L. The City cannot predict what rules the State Liquor Control Board will adopt in response to the passage of Initiate 502. Therefore, the City cannot presently anticipate what action may be necessary to respond to the effects of Initiative 502. M. The City Council deems it to be in the public interest to extend the moratorium imposed by Ordinance No. 2630 pending consideration of land use regulations to address medical marijuana collective gardens and the passage of Initiative 502. Section 3. Pursuant to the provisions of RCW 35A63.220 and RCW 37.70A390, the moratorium enacted by Ordinance No. 2630 prohibiting the licensing, establishment, maintenance or continuation of any medical marijuana collective garden in the City of Moses Lake is extended for six months. A "medical marijuana collective garden" is an area or garden where qualifying patients engage in the production, processing, or transporting and delivery of marijuana for medical use as set forth in the E2SSB 5073 and subject to the limitations therein. Section 4. Medical marijuana collective gardens as defined in Section 3 are hereby deSignated as prohibited uses in the City of Moses Lake. In accordance with the provisions of RCW 35A82.020 and Moses Lake Municipal Code 5.04, no business license shall be issued to any person for a medical marijuana collective garden, which use is hereby defined to be a prohibited use under the ordinances of the City of Moses Lake. Section 5. The moratorium set forth in this Ordinance shall be in effect for a period of six months from the date this ordinance is passed and shall automatically expire on that date unless extended as provided in RCW 35A63.220 and RCW 36.70A390, or unless terminated sooner by the Moses Lake City Council. Section 6. The City Manager is hereby authorized and directed to develop draft regulations regarding collective gardens. The regulations shall be referred to the Moses Lake Planning Commission for review and recommendation for inclusion in the Moses Lake Zoning Code. Section 7. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. ORDINANCE NO. PAGE 3 Adopted by the City Council and signed by its Mayor on August 27 ,2013 Bill J. Ecret, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney August 27, 2013 August 22,2013 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Ordinance -Amend 18.20, Residential Zones - 1 st Reading Attached is a proposed ordinance which amends Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential Zones" by allowing taller fences on corner lots. Recently the Planning Commission received a request from a property owner to amend the fencing regulations of the residential zones . At the June 13 and July 11 Planning Commission meetings, the regulations for the height and location of fences on residential corner lots was discussed. The Planning Commission discussed allowing taller corner yard fences to encroach into the side setback and also considered the tradeoffs between the desire of corner lot owners to have more of their yard hidden from sight and the overall appearance of the City to the neighbors, pedestrians, and visitors. Afterdiscussing the proposed amendments with staff and the public, the Commission recommended changes to the residential zones that would allow taller fencing for corner lots . The ordinance is presented for Council consideration. This is the first reading of the ordinance. Respectfully submitted, GiIA~ Community Development Director GA:jt ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18.20 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "RESIDENTIAL ZONES" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS Section 1. Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential Zones" is amended as follows: 18.20.120 Fences, Walls, and Hedges: A. Solid fencing shall not obscure sight at intersection. B. All corner lots shall maintain a vehicular sight triangle for safety purposes. A sight triangle sha ll be formed by measuring from the intersection of the extended curb line or the traveled right-of-way (if no curbs exist) of the adjacent street to a distance of fifty feet (50') from the corner point. The third side of the triangle is the straight line connecting the two (2) fifty foot (50') sides. Within the area comprising the triangle, no fence, shrub, or other physical obstruction higher than thirty- six inches (36") above the established street grade shall be permitted. See Figure 1. C. Fences and walls shall not exceed four feet (4 ') above fin ished ground Street I ------------------------~--><---50 II. . " cut!> Ur.e.. I . ". I '\ Clearliew LiDt_· , .-- (-~.~'". Figure 1 1 '" c I ~ I I I I 1m :~ IS. I I I I I I I :- I I I level outside of the veh icle sight triangle in any front yard or corner lot exterior side yard, except for the following: 1. In the R-4 Zone, chain link, woven wire, or split rail fences, not to exceed five (5) feet in height are permitted. Fences of other materials and sight-obscuring fences shall not exceed 4'. 2. For a corner lot in the R-1 , R-2, or R-3 Zone, the street frontage along the side of the house may have a fence up to six feet (6') in height, provided that the fence is set back from the sidewalk at least five feet (5'), and the area between the fence and the sidewalk is maintained in irrigated landscaping that meets the requirement of a Type IV street frontage buffer as specified in MLMC 18.57 at a minimum. The six foot (6') fence may extend no closer to the street frontage along the front of the house than twenty-five feet (25)' or even with the front of the house, whichever is more. The sight triangle provisions of MLMC 18.20.120.B must also be met. }2. When one of the frontages of a through lot is a primary or secondary street, sight obscuring fences not exceeding six feet (6') in height may be built inside the property line to within five feet (5') of the sidewalk abutting the primary or secondary street, provided the following requirements are met unless otherwise approved by the Planning Commission: a. The adjacent strip of land between the fence and the back of the adjacent sidewalk shall be improved by the property owner concurrent with the fence installation. b. The property owner shall provide a treatment plan for the strip of land as part of the building permit application process. c. The treatment plan shall provide for minimum treatment with grass, decorative rock, wood, bark, or any combination of such materials or similar materials in a manner that will minimize disturbance by natural elements or pedestrians. Additional landscaping is encouraged. d. Approved landscaping, installed between the fence and the property line shall be permanently maintained in a healthy growing condition. Dead, diseased, and dying material shall be replaced immediately. Planted areas shall be maintained clear of rubbish and debris. e. Fences proposed along Valley Road, Yonezawa Boulevard, Grape Drive, Division Street, and Nelson Road shall be three-dimensional, capped or framed, with twelve inch (12") wide pilasters located a maximum of sixteen feet (16') apart. Pilasters shall be of contrasting materials. The use of durable materials, such as masonry, is strongly encouraged. Masonry columns a minimum of two feet (2') wide may be placed every forty-eight feet (48') maximum if used in place of pilasters. All wood materials used must be painted or stained. Fences that are not consistent with the conditions specifically stated in this section may be allowed subject to the approval of the Planning Commission. f. Lots contained within subdivisions may not apply for an individual fence permit unless the majority of the lots with arterial street frontage within that subdivision have already legally constructed six foot (6') high fencing along the frontage. If less than the majority of said lots have six foot (6') high fencing, then a subdivision fence pursuant to 18.20.120. K is required. D. Fences and walls shall not exceed eight feet (8') above finished ground level in any interior side or rear yard. E. Fences along walkways, pedestrian paths, or activity trail links open to the public shall be no more than four feet (4') solid or six feet (6') open in height or a combination of both with a maximum of four feet (4') solid portion starting from the top of the walkway, pedestrian path, or activity trail. Fencing located within the front or exterior side yard setback area may not exceed 4' in height. All fencing materials must be located inside the property line, and a landscaping treatment is required for the exterior side of the fence up to the hard surface pathway. This area shall be maintained by the property owner. The landscaping treatment plan is required in conjunction with the fence permit application and shall include a minimum treatment of grass, decorative rock, wood, bark, or any combination of such materials, or similar materials, in a manner that will minimize disturbance by natural elements or pedestrians. Additional landscaping is encouraged. F. All fences in residential zones shall be constructed of material commonly used in residential fence construction, such as wood , masonry, ornamental iron, chain link, and similar material. Fences of synthetic materials that have the functional equivalence of natural or traditional material may be substituted. Fences shall not be made of tires, or similar salvage materials, not originally designed as structural components of fences or buildings G. Electric fences and barbed wire fences shall be prohibited, except in the R-4 Zone where they may be used to contain livestock. Such fences shall not be located within the front yard setback area or along property lines adjacent to other residential and commercial zones and shall be removed when the livestock use has been discontinued. Electric fences shall be posted with permanent signs every fifty feet (50') stating that the fence is electrified. All electric fences and appliances, equipment, and materials used in connection therewith shall be listed or labeled by a qualified testing agency and shall be installed in accordance with manufacturer's specifications and in compliance with the National Electrical Code. H. Responsibility of Owners and Occupants: 1. It shall be the responsibility of the owner and/or occupant of the property where a fence is erected to maintain the structure in good repair at all times. When a portion of the fence exceeding twenty five percent (25%) of the street frontage is found to be in a deteriorated condition and/or in need of repair, including, but not limited to, broken or missing structural components, and/or the fence is substantially less than perpendicular to grade, the Building Official, or his or her authorized agent, may order the fencing to be repaired, replaced or removed depending on the condition of the fence. Such order shall be in writing. If the fencing is ordered to be replaced , then new fencing shall meet the current regulations. 2. The provisions of this section shall not apply to fences, walls, or shrubbery owned or maintained by the city, or to fences constructed or maintained by any other governmental body or agency, for which the principal purpose is inherent to public safety. I. An installation permit shall be required for the construction, erection, or installation of a fence or wall. All permit applications shall be reviewed and approved by the Building Official and the City Engineer for vehicular and pedestrian safety. Fences and walls exceeding six feet (6') in height are regulated by the State Building Code and require a building permit and associated fees. J. Additional information about fences is contained in MLMC 12.28. K. Subdivision Fencing: Border fences or walls not to exceed six feet (6') in height along streets bordering the subdivision and tapering to no higher than three feet (3') at street intersections and/or subdivision entrances may be permitted for new subdivisions under the following conditions: 1. The subdivision must be designed for interior street access to all lots abutting the border street(s). 2. If such a fence is proposed it must be for all or a majority of the arterial street frontage the subject lots abut. Individual fences taller than forty-eight inches (48") on independent lots will not be permitted in the required set back areas. 3. Fences shall be three-dimensional, capped or framed, with twelve inch (12") wide pilasters located a maximum of sixteen feet (16') apart. Pilasters shall be of contrasting materials. The use of durable materials, such as masonry, is strongly encouraged. Masonry columns a minimum of two feet (2') wide may be placed every forty-eight feet (48') maximum if used in place of pilasters. All wood materials must be painted or stained. 4. The fence may be installed along the public right-of-way line provided there is a minimum of five feet (5') of irrigated landscaping between the fence and the street improvements (sidewalk, curb, gutter, street trees). Border fences may not extend into the front yard on corner lots. 5. A five foot (5') width o,f landscaping is required between the fence and the abutting arterial, except that if the arterial is SR-17 than landscaping must comply with section 18.57.040. Landscaping for all other arterials must include one of the following landscaping options: a. Deciduous trees planted at an average spacing of twenty-five feet (25'), and a mix of evergreen and deciduous shrubs, spaced no further than 4' apart that do not exceed a height of four feet (4'), and non living groundcover; or b. Deciduous trees planted at an average spacing of twenty-five feet (25'), and live groundcover. 6. The type and design of the fence and landscaping shall be reviewed and approved by the Planning Commission, and may be concurrent with the subdivision review process. The review shall include the fence material, landscaping, maintenance and the timing of the installation of fence and landscaping. All applications for subdivision fencing or walls shall be reviewed by the City Engineer for vehicular and pedestrian safety. 7. All landscaping elements, plant materials, and street trees shall be planted or installed by the developer and permanently maintained pursuant to MLMC 18.57.090 by a homeowner's association. In the absence of a homeowner's association, (i.e. if it is disbanded) landscaping shall be maintained by the individual property owner. 8. A homeowner's association, or similar organization, is required and shall perpetually maintain the fence and the landscaping. The developer and/or homeowners association shall provide evidence of such perpetual maintenance. The Community Development Director shall approve the evidence of the homeowners' association, 9. An irrigation system designed for the health of the street trees on arterial streets maintained by the homeowner's association or individual owner shall be required. 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 September 10, 2013. Bill J. Ecret, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM : Katherine L. Kenison , City Attorney August 20 , 2013 TO: City Manager for Council Consideration FROM : Community Development Director SUBJECT: Resolution -Nuisance Abatement -Hester Attached is a resolution providing for the abatement of nuisances at 2603 W. Texas Street, owned by Dorothy N. Hester. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. The resolution is attached for Council consideration. Respectfully subm itted Gilbert Alvarado Community Development Director GAjt RESOLUTION NO. A RESOLUTION DETERMINING THAT DOROTHY N. HESTER IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 2603 W . Texas Street, Lot 22 , Peninsula Addition #1 , Parcel #110840000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 U. The records of Grant County show the owner of the subject property to be Dorothy N. Hester, 2603 W. Texas, Moses Lake, WA 98837. Notices have been sent to Dorothy Hester at 3557 S. Ferdinand Street, Seattle, WA 98118, which is Ms. Hester's daughter's address. 2. Notice. On June 6, 2013 , the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On August 13, 2013, the Code Enforcement Officer caused to be delivered to Dorothy N. Hester a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 27 ,2013. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 U -8.14 .030 -Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream , drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds , or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be RESOLUTION NO. Page 2 August 27 ,2013 disrupted or disturbed . Grass, weed, or vegetation control shall not include plowing , discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan , which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing , discing, or scraping, is implemented immediately. 4. Hearing. On August 27, 2013 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evi dence relevant to the issue. 5. Evidence: 5.1. The following persons testified under oath : Clair Harden, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved: EXHIBIT #1 : Moses Lake Municipal Code Chapter 8.14.030 EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated June 6, 2013 from the Code Enforcement Officer addressed to Dorothy Hester, 2603 W. 3557 S. Ferdinand Street, Seattle , WA 98118. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 2603 W. Texas, Moses Lake, Washington . EXHIBIT #4: Letter dated August 13, 2013, from the Code Enforcement Officer to Dorothy Hester advising the property owner of the hearing regarding abatement of property, scheduled for August 27 ,2013. 1. A public nuisance in violation of MLMC 8.14 030 exists on the subject property at 2603 W. Texas, Moses Lake, Washington. Hester N. Dorothy, 2603 W . Texas Street, Moses Lake, WA 98837 is the record contract owner of the subject property per the records of Grant County. Notices have been sent to Dorothy Hester at 3557 S. Ferdinand Street, Seattle, WA 98118, which is Ms. Hester's daughter's address. 2. The public nuisance located upon the subject property consists of: 2.1. Weeds and grass over 12" high 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare , peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. RESOLUTION NO. Page 3 August 27 , 2013 4. Dorothy N. Hester, the record contract owner, has fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 4.1 Grasses and weeds need to be cut down and/or removed from the area. 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the clean up required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. A copy of this resolution shall be provided to the record contract owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on August 27, 2013. Bill J. Ecret, Mayor ATTEST: w. Robert Taylor, Finance Director / INT~RSTAT~ 90 360 Feel ." -COUNCIL AGENDA SITE LOTS LA KE .----.. '-___ J CITY LIMITS -L ....u <IT •• ' HOSES LAKE W •• K'M ..... CITY OF MOSES LAKE COMMUNITY DEVELOPMENT PLANNING DIVISION Date: 8/9/2013 eMS 8.14.030 A. B. C. D. E. F. G. H. I. J. K. L. M. 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 deter- mines 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. The existence of any trash, dirt, filth , and carcass of any animal, waste shrubs, accumulation of lawn or yard trimmings or other offensive matter. 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. Any man-caused pool of standing or stagnant water, except storm drainage systems, which serves as a breeding area for insects. 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. 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. 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 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. All explosives, flammable liquids, and other dangerous substances stored or used in any manner in violation of the State Fire Code. 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 anyone address to run at large in violation of Chapter 6.05 of the Moses Lake Municipal Code entitled "Animal Control". 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". 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. 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. 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, anyone 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 Exhibit 1 Page 1 of 4 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 wh ich 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. O. 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. Exhibit 1 Page 2 of 4 U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died , which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed , or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan , which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing , discing , or scraping, is implemented immediately. v. The existence of any dead, diseased , infected, or dying tree, shrub, or other vegetation which may pose a danger to vegetation, crops, property, or persons. w. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard. x. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material. Y. The storage or keeping on any premises for more than thirty days of any used or unused building materials as defined in Section 8.14 .010 (F), whose retail cost new would exceed one hundred dollars, without a special permit from the building official; provided, that nothing herein shall: 1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion. 2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard, dealer in 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, automo- bi le, boat or other vehicle or major parts thereof. AA. The keeping or maintenance in any area on private property which is clearly visible from a public street, sidewalk, park or other public area any accumulation, collection or untidy storage of any of the following: old appliances or parts thereof; old iron, steel, aluminum or other metal; inoperable vehicles, vehicle parts, machinery or equipment; mattresses, bedding, clothing, rags or cloth; straw, packing materials, cardboard or paper, tin cans, wire, bottles, glass, cans, barrels, bins, boxes, containers, ashes, plaster or cement; or wood. This determination shall not apply to conditions completely enclosed within a building or fencing so as not to be visible from public property. BB. The keeping , permitting or harboring of any fowl, pigeons, rabbits, hoofed or cloven footed animals, except for caged birds kept within a residence or business. Exhibit 1 Page 3 of 4 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 th irty (30) days. JJ. Any building which has a window, door, or other exterior opening closed by extrinsic devices or some other manner, with material that has not been painted to match or compliment the buildings exterior or remains boarded up for more than sixty (60) days. KK. Any boarded up building that remains boarded up for more than ninety (90) days. LL Permitting any violation of RCW 59.18.510 in any rental dwelling unit. MM. Criminal street gangs and any pattern of criminal street gang activity are each declared to be a public nuisance in violation of this chapter and other applicable code provisions, including but not limited to the Uniform Code for the Abatement of Dangerous Build ings 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. Exhibit 1 Page 4 of 4 .' CITY Of MOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Dorothy Hester 3557 S. Ferdinand St. Seattle, W A. 98118 NOTICE OF VIOLATION Provisions of the City of Moses Lake Code Violated: Moses Lake Municipal Code 8.14.030U Street Address of Violation: 2603 W Texas St., Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: Lot 22 Peninsula ADD # 1 110840000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Grasses and weeds need to be cut down and or removed from these area. Time by Which Violation is to be Corrected or Activty Ceased The City is requiring these corrections listed on this Notice and Order be accomplished by Sunday, Juue, 16,2013 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: City Manager 764-3701 I 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 Exhibit 2 Page I of2 · . I. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [l.20.050(E)(I)]. 2. If a penalty has been assessed pursuant to 1.20.050(E)(J), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (10) DAYS, PURSUANT TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN TillS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIATE ACTION. Dated this Thursday, June 06, 2013 Brett Hollen Code Enforcement City of Moses Lake 509-764-3748 Exhibit 2 Page 2 of2 August, 13, 2013 Dorothy Hester 3557 S. Ferdinand St. Seattle, W A. 98118 Re: Hearing to Permit City Abatement of Nuisance Property located at: 2603 W Texas St., Parcel 110840000, Moses Lake, W A 98837 Via Regular Mail and Return Receipt Mail Dorothy Hester You are identified in the records of the Grant County Assessor as the record owner ofreal property located within the City of Moses Lake described as: Lot 22 Peninsula ADD # I. This property is located at: 2603 W Texas St., Parcel 110840000, Moses Lake, WA 98837 On Thursday, June 06, 2013 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of August 27, 2013, the nuisance located on the subject property has not been corrected or removed. Pursuant to Moses Lake Municipal Code (MLMC) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Council at the Council's regular meeting on Tuesday, August 27,2013 which is more than ten days from the date of this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of the subject property. At that hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORT ANT RIGHTS IN YOUR PROPERTY. !fyou have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, W A, phone 509·764·3701 . Sincerely, Code Enforcement Officer 1 cc: City Manager City Attorney Community Development Director Exhibit 4 August 20, 2013 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Resolution -Nuisance Abatement -McCourtie Attached is a resolution providing for the abatement of nuisances at 9859 NE Olympic Drive, owned by Robert McCourtie. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. The resolution is attached for Council consideration. Respectfully submitted iffy Gilbert Alvarado Community Development Director GAjt RESOLUTION NO. A RESOLUTION DETERMINING THAT ROBERT MCCOURTIE IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 9859 NE Olympic Drive (Lot 1, Block 1, Longview Tracts 2"' Addition), Parcel #120460000, Moses Lake, Washington , is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 U. The records of Grant County show the owner of the subject property to be Robert McCourtie, 3219 S. Quincy Place, Kennewick, WA 99337. 2. Notice. On June 6, 2013, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On August 12, 2013, the Code Enforcement Officer caused to be delivered to Robert McCourtie a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 27, 2013. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations . It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected : 3.1 A violation of MLMC 8.14030 U - 8.14.030 -Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream , drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area , or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds , or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed . Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other RESOLUTION NO . Page 2 August 27, 2013 vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. 4. Hearing. On August 27 ,2013 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. 5. Evidence: 5.1. The following persons testified under oath : Rick Rodriguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved: EXHIBIT #1 : Moses Lake Municipal Code Chapter 8.14.030 EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated June 6, 2013 from the Code Enforcement Officer addressed to Robert McCourtie, 3219 S. Quincy Place, Kennewick, WA 99337 EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 9859 NE Olympic Drive, Moses Lake, Washington. EXHIBIT #4: Letter dated August 12, 2013, from the Code Enforcement Officer to Robertg McCourtie advising the property owner of the hearing regarding abatement of property, scheduled for August 27, 2013. 1. A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 9859 NE Olympic Drive, Moses Lake, Washington. Robert McCourtie , 3219 S. Quincy Place, Kennewick, WA 99337 is the record contract owner of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: 2.1. Weeds and grasses in excess of 12" in height 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 4. Robert McCourtie, the record contract owner, has fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the RESOLUTION NO. Page 3 following : August 27, 2013 4.1 Weeds and grasses must be cut down and/or removed from the site 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the clean up required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. A copy of this resolution shall be provided to the record contract owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on August 27 ,2013. Bill J. Ecret, Mayor ATTEST: W. Robert Taylor, Finance Director 8.14.030 A. B. C. D. E. F. G. H. I. J. K. L M. 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 deter- mines 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. The existence of any trash, dirt, filth , and carcass of any animal, waste shrubs, accumulation of lawn or yard trimmings or other offensive matter. 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. Any man-caused pool of standing or stagnant water, except storm drainage systems, which serves as a breeding area for insects. 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. 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. 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. 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. All explosives, flammable liquids, and other dangerous substances stored or used in any manner in violation of the State Fire Code. The keeping or harboring of any dog, fowl, or other an imal 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 anyone address to run at large in violation of Chapter 6.05 of the Moses Lake Municipal Code entitled "Animal Control". 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". 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. 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. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, bu ilding, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, anyone 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 Exhibit 1 Page 1 of 4 matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles. 2. Any privies, vau lts, 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. o. 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 sagg ing, 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. Exhibit 1 Page 2 of 4 U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed , or vegetation control shall not include plowing , discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan , which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. v. The existence of any dead, diseased, infected, or dying tree, shrub, or other vegetation which may pose a danger to vegetation, crops, property, or persons. w. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard. x. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, parkway or other public place which is open to travel, of any hay, straw, paper, wood , boards, boxes, leaves, manure or other rubbish or material. Y. The storage or keeping on any premises for more than thirty days of any used or unused building materials as defined in Section 8.14.010 (F), whose retail cost new would exceed one hundred dollars, without a special permit from the building official; provided , that nothing herein shall: 1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion. 2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard, dealer in 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, automo- bile, boat or other vehicle or major parts thereof. AA. The keeping or maintenance in any area on private property which is clearly visible from a public street, sidewalk, park or other public area any accumulation, collection or untidy storage of any of the following: old appliances or parts thereof; old iron , steel, aluminum or other metal; inoperable vehicles, vehicle parts, machinery or equipment; mattresses, bedding, clothing, rags or cloth; straw, packing materials, cardboard or paper, tin cans, wire, bottles, glass, cans, barrels, bins, boxes, containers, ashes, plaster or cement; or wood. This determination shall not apply to conditions completely enclosed within a building or fencing so as not to be visible from public property. BB. The keeping, permitting or harboring of any fowl, pigeons, rabbits, hoofed or cloven footed animals, except for caged birds kept within a residence or business. Exhibit 1 Page 3 of 4 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 forthe purpose of advertising its sale on property located in any commercial or industrial zone not owned by the seller. FF. The permitting of any condition or situation where the soil has been disrupted, disturbed, or destablized so as to allow blowing dust to exist. GG. The existence on any premise any unsecured, unused, or abandoned building or structures. HH. For any building the existence of any broken glass in windows or doors for more than thirty (30) days. II. Buildings or portions thereof that have faulty weather protection, such as openings in walls and roofs. Faulty weather protection shall include temporary weather barriers, such as tarps, plastic or similar material, left in place for more than thirty (30) days. JJ. Any building which has a window, door, or other exterior opening closed by extrinsic devices or some other manner, with material that has not been painted to match or compliment the buildings exterior or remains boarded up for more than sixty (60) days. KK. Any boarded up building that remains boarded up for more than ninety (90) days. LL Permitting any violation of RCW 59.18.510 in any rental dwelling un it. 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 provi sions, including but not limited to the Un iform Code for the Abatement of Dangerous Bu ild ings 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. Exhibit 1 Page 4 of 4 CITY O' HOSESL"KE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Robert McCourtie 3219 S. Quincy PI Kennewick, Wa. 99337 NOTICE OF VIOLATION Provisions of tbe City of Moses Lake Code Violated: Moses Lake Municipal Code 8.14.030U Street Address of Violation: 9859 NE Olympic Dr, Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: Lot 1 BLK I Longview Tracts 2nd ADD 120460000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Weeds and grasses must be cut down and or removed from these areas. Time by Which Violation is to be Corrected or Activty Ceased The City is requiring these corrections listed on this Notice and Order be accomplished by Sunday, June, 16,2013 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: City Manager 764-3701 , City Attorney 764-3703 ~ Community Development 764-3750 c Finance 764-3717 , Fire 765-2204 Municipal Services 764-3783 ( Municipal Court 764-3701 ( Parks & Recreation 764-3805 , Police 764-3887 c Fax 764-3739 401 S Balsam SL ( Po. Box 1579 L Moses Lake. WA 98837-0224 ( www.cityofml.com Exhibit 2 Page 1 of2 I. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the the time specified shall incur a civil penalty of two hundred fifty dollars ($2S0) per day up to a sum of five thousand dollars ($SOOO), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [1.20.0S0(E)(l)]. 2. If a penalty has been assessed pursuant to 1.20.0S0(E)(I), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees . YOU MAY APPEAL TillS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (lO) DAYS, PURSUANT TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN TillS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIATE ACTION. Dated this Thursday, June 06, 2013 Brett Hollen Code Enforcement City of Moses Lake S09-764-3748 Exhibit 2 Page 2 of2 Page I of2 Exhibit 3 Page 1 of2 , . CITY OF August, 12, 2013 Robert McCourtie 3219 S. Quincy PI Kennewick, Wa. 99337 MOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 9859 NE Olympic Dr, Parcel 120460000, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail Robert McCourtie You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of Moses Lake described as: Lot 1 BLK 1 Longview Tracts 2nd ADD. This property is located at: 9859 NE Olympic Dr, Parcel 120460000, Moses Lake, WA 98837 On Thursday, June 06, 2013 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of August 27, 2013, the nuisance located on the subject property has not been corrected or removed. Pursuant to Moses Lake Municipal Code (MLMC) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Council at the Council's regular meeting on Tuesday, August 27,2013 which is more than ten days from the date of this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of the subject property. At that hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. TIDS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone 509-764-3701. Sincerely, 4~ Code Enforcement Officer cc: City Manager City Attorney Community Development Director Exhibit 4 City Manager 764-3701 · City Attorney 764-3703· Commuruty Development 764-3750 · Finance 764-3717 · Fire 765-2204 Murticipal Services 764-3783 · Murticipal Court 764-3701 · Parks & Recreation 764-3805· Police 764-3887 · Fax 764-3739 401 S Balsam St.· P_O. Drawer 1579 · Moses Lake, WA 98837-0244 · www.cityofml.com . or' 9859 OLYMPIC DR NE I?ARKWAY-DR~...,._.--._.-....,._.---,---., 5 0 6. 30 .11 . -COUNCIL AGENDA SITE LOTS l LAKE ,----.. '-___ J CITY LIMITS UGA BOUNDARY RRROW -L ....... <" •• r MOSES LAI<E CITY OF MOSES LAKE COMMUNITY DEVELOPMENT PLANNING DIVISION Dale: 812112013 eMS August 20, 2013 TO: City Manager for Council Consideration FROM : Community Development Director SUBJECT: Resolution -Nuisance Abatement -Espinoza Attached is a resolution providing for the abatement of nuisances at 1046 S. Division Street, owned by Carlos Espinoza. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. The resolution is attached for Council consideration . Respectfully submitted .vvv Gilbert Alvarado Community Development Director GA:jt RESOLUTION NO. A RESOLUTION DETERMINING THAT CARLOS CHAVEZ ESPINOZA IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 1046 S. Division Street (Tax #3201), Parcel #110268000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 U. The records of Grant County show the owner of the subject property to be Carlos Chavez Espinoza, 7212 Osborne Avenue, Hammond, IN 46323. 2. Notice. On May 22,2013, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On August 12, 2013, the Code Enforcement Officer caused to be delivered to Carlos Espinoza a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 27, 2013. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 U -8.14.030 -Nuisance Defined . Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream , drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed . Grass, weed , or vegetation control shall not include plowing , discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minim ize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing , discing, or scraping, is implemented immediately. RESOLUTION NO. Page 2 August 27 , 2013 4. Hearing. On August 27 , 2013 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. 5. Evidence: 5.1 . The following persons testified under oath: Rick Rodriguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved: EXHIBIT #1: Moses Lake Municipal Code Chapter 8.14.030 EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 22, 2013 from the Code Enforcement Officer addressed to Carlos Espinoza, 7212 Osborne Ave ., Hammond, IN 46323 EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1046 S. Division Street, Moses Lake, Washington EXHIBIT #4: Letter dated August 12, 2013, from the Code Enforcement Officer to Carlos Espinoza advising the property owner of the hearing regarding abatement of property, scheduled for August 27 , 2013. 1. A public nuisance in violation of MLMC 8.14.030 exists on the subject property at 1046 S. Division Street, Moses Lake , Washington. Carlos Espinoza, 7212 Osborne Avenue, Hammond, IN 46323 is the record contract owner of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: 2.1. Weeds and grasses in excess of 12" in height 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health , safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 4. Carlos Espinoza, the record contract owner, has fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following : 4.1 Weeds and grasses must be cut down and/or removed from the site RESOLUTION NO. Page 3 August 27 ,2013 5. City staff shall provide a status report to City Council on the progress of the record contract owner and occupant to make the clean up required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. A copy of this resolution shall be provided to the record contract owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on August 27 , 2013. Bill J. Ecret, Mayor ATTEST: w. Robert Taylor, Finance Director 8.14030 A B. C. D. E. F. G. H. L J. K. L M. 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 deter- mines 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. The existence of any trash, dirt, filth, and carcass of any an imal, waste shrubs, accumulation of lawn or yard trimmings or other offensive matter. 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. Any man-caused pool of standing or stagnant water, except storm drainage systems, which serves as a breeding area for insects. 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. 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. 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. 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. All explosives, flammable liquids, and other dangerous substances stored or used in any manner in violation of the State Fire Code. 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 anyone address to run at large in violation of Chapter 6.05 of the Moses Lake Municipal Code entitled "Animal Control". 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". 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. 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. 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, anyone 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 Exhibit 1 Page 1 of 4 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. O. 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. Exhibit 1 Page 2 of 4 U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed , or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds , or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing , discing , or scraping, is implemented immed iately. V. The existence of any dead, diseased, infected, or dying tree, shrub, or other vegetation which may pose a danger to vegetation, crops, property, or persons. W. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard. X. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material. Y. The storage or keeping on any premises for more than thirty days of any used or unused building materials as defined in Section 8.14.010 (F), whose retail cost new would exceed one hundred dollars, without a special permit from the building official; provided , that nothing herein shall: 1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion. 2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard , dealer in 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, automo- bile, boat or other vehicle or major parts thereof. AA. The keeping or maintenance in any area on private property which is clearly visible from a public street, sidewalk, park or other public area any accumulation , collection or untidy storage of any of the following : old appliances or parts thereof; old iron, steel, aluminum or other metal; inoperable vehicles, vehicle parts, machinery or equipment; mattresses, bedding, clothing, rags or cloth ; straw, packing materials, cardboard or paper, tin cans, wire, bottles, glass , cans, barrels , bins, boxes, containers, ashes, plaster or cement; or wood. This determination shall not apply to conditions completely enclosed within a building or fencing so as not to be visible from public property. BB. The keeping, permitting or harboring of any fowl, pigeons, rabbits , hoofed or cloven footed animals, except for caged birds kept within a residence or business. Exhibit 1 Page 3 of 4 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, wh ich 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 forthe purpose of advertising its sale on property located in any commercial or industrial zone not owned by the seller. FF. The permitting of any condition or situation where the soil has been disrupted, disturbed, or destablized so as to allow blowing dust to exist. GG. The existence on any premise any unsecured, unused, or abandoned building or structures. HH. For any building the existence of any broken glass in windows or doors for more than thirty (30) days. II. Buildings or portions thereof that have faulty weather protection, such as openings in walls and roofs. Faulty weather protection shall include temporary weather barriers, such as tarps, plastic or similar material, left in place for more than thirty (30) days. JJ. Any building which has a window, door, or other exterior opening closed by extrinsic devices or some other manner, with material that has not been painted to match or compliment the buildings exterior or remains boarded up for more than sixty (60) days. KK. Any boarded up building that remains boarded up for more than ninety (90) days. LL Permitting any violation of RCW 59.18.510 in any rental dwelling unit. MM. Criminal street gangs and any pattern of criminal street gang activity are each declared to be a public nuisance in violation of th is 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. Exhibit 1 Page 4 of 4 (ItT OJ MOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Carlos Espinoza 7212 Osborne Ave Hanunond,UN.46323 NOTICE OF VIOLATION Provisions of the City of Moses Lake Code Violated: Moses Lake Municipal Code 8.14.030U Street Address of Violation: 1046 S Division St, Moses Lake, W A 98837 Brief Legal Description of Property Where Violation Exists: TX#320 I 110268000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Weeds and grasses must be cut down and or removed from these areas. Time by Which Violation is to be Corrected or Activty Ceased The City is requiring these corrections listed on this Notice and Order be accomplished by Saturday, June, 01, 2013 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: 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 f Parks & Recreation 764-3805 i Police 764-3887 { Fax 764-3739 401 S Balsam St. , P.O. Box 1579 , Moses Lake, WA 98837·0224 ' www.cityofml.com Exhibit 2 Page 1 of2 I. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [1.20.050(E)(l)]. 2. If a penalty has been assessed pursuant to 1.20.050(E)(l), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (10) DAYS, PURSUANT TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN THIS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIA TE ACTION. Dated this Wednesday, May 22. 2013 Brett Hollen Code Enforcement City of Moses Lake 509-764-3748 . Exhibit 2 Page 2 of2 CITY Of August, 12,2013 Carlos Espinoza 7212 Osborne Ave Hammond, IN. 46323 HOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 1046 S Division St, Parcel 110268000, Moses Lake, WA 98837 V ia Regular Mail and Return Receipt Mail Carlos Espinoza You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of Moses Lake described as: TX#320 I. This property is located at: 1046 S Division St, Parcel I 10268000, Moses Lake, W A 98837 On Wednesday, May 22,2013 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of August 27 , 2013, the nuisance located on the subject property has not been corrected or removed. Pursuant to Moses Lake Municipal Code (MLMC) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Council at the Council's regular meeting on Tuesday, August 27, 2013 which is more than ten days from the date of this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of the subject property. At that hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will detennine if an abatement of a nuisance located on the subject property should take place and when. THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone 509-764-3701. Sincerely, Code Enforcement cc: City Manager City Attorney Community Development Director Exhibit 4 City Manager 764-3701 · City Attorney 764-3703· Community Development 764-3750· Finance 764-3717 . Fire 765-2204 Municipal Services 764-3783· Municipal Court 764-3701 · Parks & Recreation 764-3805 · Police 764-3887 · Fax 764-3739 401 S Balsam St.· P.O. Drawer 1579 · Moses Lake, WA 98837-0244 · www_cityofml.com 1046 S DIVISION ST 220 .... 1----1 I-----j ., '" 1----1 \-----1 ~ -COUNCIL AGENDA SITE LOTS LAKE .-----I.. ___ J . CITY LIMITS --._.-'_._.J UGA BOUNDARY RRROW HOSES LAKE CITY OF MOSES LAKE COMMUNITY DEVELOPMENT PLANNING DIVISION Dale: 812112013 eMS August 20, 2013 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Resolution -Nuisance Abatement -Huff Attached is a resolution providing for the abatement of nuisances at 9972 NE Sunny Drive, owned by Roland C. & Anastacia Huff. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has not been corrected . If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. The resolution is attached for Council consideration. Respectfully submitted ~ Gilbert Alvarado Community Development Director GAjt RESOLUTION NO. A RESOLUTION DETERMINING THAT ROLAND C. AND ANASTACIA HUFF ARE THE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BYTHE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 9972 NE Sunny Drive (Lot 1, Block 3, Longview Tracts), Parcel #120405000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030. The records of Grant County show the owners of the subject property to be Roland C. & Anastacia Huff, 511 S. Park Road, Apt. 113, Spokane Valley, WA 99212. 2. Notice. On June 17, 2013, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On August 12, 2013 the Code Enforcement Officer caused to be delivered to Roland Huff a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 12, 2013. Such notice was in writing , in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 U -8.14.030 -Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing , discing, or scraping the soil to eliminate the grasses, weeds, or other RESOLUTION NO. Page 2 August 27, 2013 vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping , is implemented immediately. 4. Hearing. On August 27, 2013 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. 5. Evidence: 5.1. The following persons testified under oath: Rick Rodriguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved: EXHIBIT #1 : Moses Lake Municipal Code Chapter 8.14.030 EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 23 , 2013 from the Code Enforcement Officer addressed to Roland Huff, 511 S. Park Road , Apt. 113, Spokane Valley, WA 99212 EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 9972 NE Sunny Drive, Moses Lake, Washington. EXHIBIT #4: Letter dated August 12, 2013 from the Code Enforcement Officer to Roland Huff advising the property owner of the hearing regarding abatement of property, scheduled for August 27 , 2013. 1. A public nuisance in violation of MLMC 8.14.030 exists on the subject property at 9972 NE Sunny Drive, Moses Lake, Washington. Roland C & Anastacia Huff, 511 S. Park Road , Apt. 113, Spokane Valley, WA 99212 are the record contract owners of the subject property perthe records of Grant County. 2. The public nuisance located upon the subject property consists of: 2.1. Weeds and grasses over 12" in height 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 4. Roland C & Anastacia Huff, the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include RESOLUTION NO. Page 3 the following: 4.1 Weeds must be cut down and/or removed from the site August 27, 2013 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the clean up required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. A copy of this resolution shall be provided to the record contract owner by return receipt and regular rnail after its approval by the City Council. Adopted by the City Council on August 27, 2013. Bill J. Ecret, Mayor ATTEST: W. Robert Taylor, Finance Director 814030 A. B. C. D. E. F. G. H. I. J. K. L. M. 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 deter- mines 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. The existence of any trash, dirt, filth, and carcass of any animal, waste shrubs, accumulation of lawn or yard trimmings or other offensive matter. 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. Any man-caused pool of standing or stagnant water, except storm drainage systems, which serves as a breeding area for insects. 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. 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. 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. 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. All explosives, flammable liquids, and other dangerous substances stored or used in any manner in violation of the State Fire Code. 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 anyone address to run at large in violation of Chapter 6.05 of the Moses Lake Municipal Code entitled "Animal Control". 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". 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. 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. 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, anyone 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 Exhibit 1 Page 1 of 4 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 malodoro us. 3. Any filthy, littered or trash-covered dwellings, cellars , house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacantiots, 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 bu ilding , dwelling, or other structure, in a place accessible to ch ildren , any abandoned , unattended, or discarded ice chest, refrigerator or other airtight contained, which does not have the door, lid or other locking device removed. O. 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. Exhibit 1 Page 2 of 4 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 wh ich has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan , which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. V. The existence of any dead, diseased, infected, or dying tree, shrub, or other vegetation which may pose a danger to vegetation, crops, property, or persons. W. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard. X. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material. Y. The storage or keeping on any premises for more than thirty days of any used or unused building materials as defined in Section 8.14.010 (F), whose retail cost new would exceed one hundred dollars, without a special permit from the building official; provided, that nothing herein shall: 1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion. 2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard, dealer in building materials or other commercial enterprise when the same is permitted under the zon ing ordinance and other applicable laws. 3. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws. Z. The existence on any premises of any unused and abandoned trailer, house trailer, automo- bile, boat or other vehicle or major parts thereof. AA The keeping or maintenance in any area on private property which is clearly visible from a public street, sidewalk, park or other public area any accumulation, collection or untidy storage of any of the following: old appliances or parts thereof; old iron , steel , aluminum or other metal; inoperable vehicles, vehicle parts, machinery or equipment; mattresses, bedding, clothing , rags or cloth; straw, packing materials, cardboard or paper, tin cans, wire, bottles, glass, cans , barrels, bins, boxes , containers, ashes, plaster or cement; or wood. This determination shall not apply to conditions completely enclosed within a building or fencing so as not to be visible from public property. BB . The keeping, permitting or harboring of any fowl , pigeons, rabbits, hoofed or cloven footed animals, except for caged birds kept within a residence or business. Exhibit 1 Page 3 of 4 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 buildings exterior or remains boarded up for more than sixty (60) days. KK. Any boarded up building that remains boarded up for more than ninety (90) days. LL Permitting any violation of RCW 59.18.510 in any rental dwelling unit. MM. Criminal street gangs and any pattern of criminal street gang activity are each declared to be a public nuisance in violation of this chapter and other applicable code provisions, including but not limited to the Uniform Code for the Abatement of Dangerous Buildings and State Housing Code, subject to abatement through all available means. In addition thereto and without limitation, any pattern of criminal street gang activity upon, and the presence and use of property by, a criminal street gang, with the owner's knowledge or consent, constitutes a public nuisance and grounds for revocation of any permit or license regulating or authorizing the use of such property. Exhibit 1 Page 4 of 4 CIT l' 0 f HOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Roland Huff 5 I I SPark Rd Apt I J3 Spokane Valley, Wa. 99212-0549 NOTICE OF VIOLATION Provisions of the City of Moses Lake Code Violated: Moses Lake Municipal Code 8.14.030U Street Address of Violation: 9972 NE Sunny Dr, Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: Lot I BLK 3 Longview Tracts 120405000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Weeds must be cut down and or removed from tbe yards. Time by Which Violation is to be Corrected or Activty Ceased The City is requiring these corrections listed on this Notice and Order be accomplished by Thursday, June, 27, 2013 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: Exhibit 2 Page I of2 City Manager 764-3701 -City Attorney 764-3703 -Community Development 764·3750' Finance 764·3717 -Fire 765·2204 Municipal Services 764·3783 -Municipal Court 764·3701· Parks & Recreation 764·3805' Police 764·3887 · Fax 764·3739 401 S Balsam St., P.O. Drawer 1579 -Moses Lake, WA 98837-0244· www.cityofml.com I. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [1.20.050(E){l)]. 2. If a penalty has been assessed pursuant to 1.20.050(E){l), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (l0) DAYS, PURSUANT TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN THIS MA TIER WILL BE REFERRED TO THE CITY A TIORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIA TE ACTION. Dated this Monday. June 17,2013 Brett Hollen Code Enforcement City of Moses Lake 509-764-3748 Exhibit 2 Page 2 of2 August, 12,2013 Roland Huff 511 SPark Rd Apt 113 Spokane Valley, Wa. 99212-0549 CITY Of HOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 9972 NE Sunny Dr, Parcel 120405000, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail Roland Huff You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of Moses Lake described as: Lot I BLK 3 Longview Tracts. This property is located at: 9972 NE Sunny Dr, Parcel 120405000, Moses Lake, WA 98837 On Monday, June 17, 2013 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of August 27, 2013, the nuisance located on the subject property has not been corrected or removed. Pursuant to Moses Lake Municipal Code (MLMC) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Council at the Council's regular meeting on Tuesday, August 27, 2013 which is more than ten days from the date of this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of the subject property. At that hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. TillS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORT ANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone 509-764-3701. Sincerely, Code Enforcement cc: City Manager City Attorney Community Development Director Exhibit 4 City Manager 764·3701 · City Attorney 764·3703 · Community Development 764·3750 · Finance 764·3717 · Fire 765·2204 Municipal Services 764·3783 · Municipal Court 764·3701 · Parks & Recreation 764·3805 · Police 764·3887 · Fax 764·3739 401 S Balsam St.· P.O. Drawer 1579 · Moses Lake, WA 98837-0244 · www.cityofml.com '-, I ' SAGE DALE 80. ___ •. '" __ .. .... • .I I , _ COUNCIL AGENDA SITE I==.i LOTS LAKE r----i CITY LIMITS '---_ ... .... _.-.. I .J UGA BOUNDARY _._. I I RRROW -~--~--~ HOSES LAto:.E CITY OF MOSES LAKE COMMUNITY DEVELOPMENT PLANNING DIVISION Dale: 8/21/2013 eMS August 20, 2013 TO: City Manager For City Council Consideration FROM: Municipal Services Director SUBJECT: Request to Connect to City Utilities 2215 Westshore Drive -Grant County Parcel Number 141769000 Rick Rose requests permission to connect to the City's water and sewer systems to serve his residential home located at 2215 Westshore Drive without annexing the property into the City. The city's water and sewer systems have adequate capacity. This parcel is within one-half mile of the city limits, and within the City of Moses Lake's UGA. According to Resolution No. 2513 Section 3.B., the City Council must determine that it is impractical for the property owner to annex this property before approving his request. The council may find it impractical since only one of the thirteen lots located between this property and the city limits has an extra territorial agreement. If approved, the property owner will be required to sign an extraterritorial agreement. This request is presented for Council consideration. Respectfully Submitted, \\. ~::1:-~ Municipal Services Director To: Gary Harer, Municipal Services Director, City of Moses Lake From: Rick Rose, 2215 Westshore Drive NE Moses Lake We are requesting permission to connect to the City sewer. Our residence is not within the corporate limits but has frontage on Westshore Drive. Our current drain field needs to be replaced however; we would like to connect to the city sewer instead. We already are on a community well and will keep that connection for our water. We are just down several houses from 2279 that has already connected to the city sewer. Thank You, ) Rick Rose, (509)770-3611 rickandchrisrose@gmail.com RECEIVED AUG 1 22013 '- 2356 2346 2348 2308 , 6572 6618 6638 6678 J«NATHPN RD 6595 6621 6669 , I 2109 6820 2T 6~Q . 6812 '" 68 . ~\i6819 I 6802 '\\) 682 , , I 6801 6812 I 210 , 6584 2091 ~ 9) <"1 fl; 209 "-9 ,<Ill(, 6823 A.L-{>-FEfJ-RfJ I.,~ Q /' ct ·UJ ;;; , .... 2030 I, lU 6784\ 6584 , 660 6642 6679 6694 6716 6740 \ , , MAE VALL Y D 6641 : , 6583. 6613 6669 6727 i 6785 6849 6586 6616 6844 6788 6573 6593 1 1652 1_6_60_' ~16_7_0_ 1706 1828 1564 1571 1561 1640 1622 Q 1641 . ~p.'I 1629 ~p.\1" 1615 1603 662 6604 6639 6879 1703 6861 ----r------- 1989 1765 1791 1869 6845 'I , 1974 1985 , 1 6~4 r-----------------~ 682f 6801 I 679 1--. 1 1 ._- + r l)ocument PilI": CITY OF MOSES LAKE 4.40 .. -==2]2.0 .1:::::io ......... 440 Feet August 22,2013 Honorable Mayor and Moses Lake City Council Dear Council Members CITY OF HOSES LAKE Provided is a Notice of Intention to Commence Annexation Proceedings with regard to what is commonly called the Sonico Annexation. As the City Council is aware, Sonico, Inc. requested permission to connect to the City's water and sewer systems to serve a facility that is planned to be constructed on a 5.72 acre parcel located immediately southwest of the intersection of Patton Boulevard and Randolph Road . The parcel is within one half mile of the City's limits and within the City of Moses Lake's UGA, thereby triggering Sonico's need to annex the property into the City, as set forth in the City's policies, to receive the City's utility services. The annexation to the City is feasible because the City has Extra Territorial Utility Extension Agreements with several properties between the property where Sonico wishes to build and the current City limits. Of the area suggested for annexation into the City, the Extra Territorial Utility Extension Agreements with the City cover approximately 29% of the assessed value of the property. The proposed annexation consists of approximately 61.5 acres. If, however, the City excludes those properties where the City does not have Extra Territorial Utility Extension Agreements, those Extra Territorial Utility Extension Agreements the City does have and the property where Sonico wishes to construct its facilities, represents 100% of the assessed value of the property, which consists of 52.19 acres . If the City includes in the proposed annexation all the properties where the City holds Extra Territorial Utility Extension Agreements and the property where Sonico intends to construct its facilities, along with all other properties within the annexed area except that property owned by RS Titan-Lotus, LLC , the properties where the City holds Extra Territorial Utility Extension Agreements and the property where Sonico intends to construct its facilities represents approximately 69 .6% of the assessed value of the property consisting of 56.316 acres. City Manager 764-3701 · City Attorney 764-3703 · Communit)' Development 764-3750· Finance 764-3717 · Fire 765-2204 Municipal Services 764-3783 · Municipal Court 764-3701 · Parks & Recreation 764-3805 · Police 764-3887 · Fax 764-3739 401 S Balsam St.· P.O. Drawer 1579 ·!vIoses Lake, WA 98837-0244 · www.cityofml.com The City has sufficient interest with the Extra Territorial Utility Extension Agreements in order to present a Notice of Intention to Commence Annexation Proceedings to the City Council. That requirement is that the property represent 10% of the assessed value of the annexation area. The Extra Territorial Utility Extension Agreements that the City holds exceeds that significantly. If the City Council wishes to proceed, the first of order of business is to authorize the City Manager's execution of the Notice of Intention to Commence Annexation Proceedings and ratify the execution of the Notice. The City holds the ability to execute the Notice of Intention to Commence Annexation Proceedings through the Powers of Attorney attached to the Extra Territorial Utility Extension Agreements. The next step would be to receipt the Notice of Intention to Commence Annexation Proceedings and either accept or reject the Notice of Intention to Commence Annexation Proceedings or set a date in the future to consider acceptance or rejection. The final step would be for the Council to determine how to proceed with the Petition for Annexation , looking to annex only those properties represented by the Extra Territorial Utility Extension Agreements and the property where Sonico intends to construct its facilities or include in the annexation other properties which may not be included in the Petition for Annexation. Respectfully bmitted JKG:jt NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS TO: The City Council of the City of Moses Lake Comes now the City of Moses Lake holding Powers of Attorney and hereby notifies the City Council of the City of Moses Lake that it intends to commence proceedings to have the real property owned by James L. & Virginia M. Barney, Belle Enterprises, Inc., James L. Barney, Goodwin Building Partnership, Ronald G. & Bernice H. Stump, PUD #2 of Grant County, William P. Cromer etal, RS Titan-Lotus LLC etal, Larry E. & Jan M. Hall, Family Services of Grant County, VBC Chaparral II LP, and Chaparral Housing LTD Partnership and described below annexed to the City of Moses Lake, that the property represented by the Powers of Attorney in excess of ten percent (10%) in value according to the assessed valuation thereof, of the property for which annexation will be petitioned; and that it respectfully requests the City Council within sixty (60) days to determine whether the city accepts the proposed annexation . Legal Description: SEE ATTACHED Dated: __ --"8~-..::::2..'--'1_-__'_' 3"",-__ Dated: __ ,;::,8_-_2-_'_-_'...,3'----__ _ Dated: ____ 8_-_~_'_-'____,S~ __ _ ~ s ke, Joseph K. G vi ski, City Manager, Attorney ~-"~Fact for James L. Barney Dated : ___ "",,8_--",;?"--'--'--,-1~3,--__ Dated: __ --'S=----""2-'--"_---'-,-"3=---__ Dated : __ ---"'8'--J-",,--,-'_-'-"13"'--__ _ Dated : __ --..::8'-......::-~'__'_( _---'-,.",3 __ _ Dated: __ ---"8~-_'~~1_-___"_3"____ __ -'" . ~......,. Dated : __ ----'=8"-.--=J-.(:::..!.---"c..3"'---__ Dated : ----'-_8=-----"d-<-..C.( -_I 3-=-__ _ Dated: ___ !:::g--.:-d-~I_-..:.'-,,3~ __ Dated : __ -=-f3_-!:::d-_'_---.:1=3~ __ _ By ~ Y. of 0 s L ke, Joseph K. avinski, City M nager, Attorney Fact for Chaparral Housing LTD Partnership Legal Description Those portions of the Northwest quarter of Section 4, Township 19 North, Range 28 East, the Southeast quarter of Section 32, Township 20 North, Range 28 East and the Southwest quarter of Section 33, Township 20 North, Range 28 East, W.M., Grant County, Washington, more particularly described as follows: Beginning at the most Westerly corner of Lot 2, ASPI Commerce Park Short Plat, recorded in Book 9, pages 41 and 42, records of Grant County, Washington; Thence along the South and East right-of-way (ROW) boundary of 220d Avenue the following five (5) courses: • N53°52'05"E, 362.65 feet to the point of curvature of a 369.46 foot radius curve; • Thence along the arc of said curve to the left through a central angle of 41 °05'16", a distance of 264.95 feet; • Thence N67"40'38"W, 10.14 feet to the point of curvature of a 359.46 foot radius non-tangent curve; • Thence along the arc of said curve to the left through a central angle of 13"46'53", a distance of 86.46 feet, whose chord bears N05°38'45"E, 86.25 feet; • Thence N01°11'21"W, 710.55 feet; Thence S88°48'39"W, 60.00 feet to the point of curvature of a 355.10 foot radius non-tangent curve with a starting radial bearing of N43°29'48"E, said point being on the West ROW of said 22 0d Avenue, and also being the Northeasterly corner of J. Barney Industrial Plat, recorded in Book 16 of plats, pages 14 through 16, records of said Grant County; Thence along the North and East boundaries of said J. Barney Industrial Plat the following five (5) courses: • Thence along the arc of said curve to the left through a central angle of 05°58'40", a distance of 37.05 feet; • Thence N53°33'15"W, 99.50 feet to the point of curvature of a 455.10 foot radius curve; • Thence along the arc of said curve to the right through a central angle of 08°26'39", a distance of 67.07 feet; • Thence S89°06'1O"W, 669.88 feet; • Thence NOo056'55"W, 953 .88 feet to the Southeast corner of a parcel of land described in Special Warranty Deed, Auditor's File Number (AFN) 1230872, records of said Grant County, and shown on Record of Survey, Book 37, page 67 and 68, records of said Grant County; Thence along the East boundary of said parcel NOo056'55"W, 463.59 feet to the South ROW of Randolph Road (formerly Dover Street); Thence along said south right-of-way S89°07'35"W, 665.01 feet to the centerline of Patton Boulevard (formerly 5th Street); Thence continuing along said South ROW S89°12'57"W, 30.00 feet to the Northeast corner of a parcel of land described in Statutory Warranty Deed, AFN 1098148, records of said Grant County and shown on Record of Survey, Book 40, page 32, records of said Grant County; Thence continuing along said South ROW S89°12'57"W, 390.07 feet to the northwest corner of said parcel; Thence along the West boundary of said parcel SOo052'24"E, 694.41 \\Eng-Server\drawings\working\survey\annex\J Barney & Jan Marie Annex feet to the North boundary of Jan Marie Short Plat, recorded in Book 11, pages 84 and 85, records of said Grant County; Thence along the North and West boundaries of said Jan Marie Short Plat the following five (5) courses : • S89°03'3S"W, 199.66 feet; • Thence SOoosTs8"E, 227.45 feet; • Thence S89°02'SS"W, 409.93 feet; • Thence S12°29'S4"W, 32.00 feet to the point of curvature of a 299.96 foot radius curve; • Thence along the arc of said curve to the right through a central angle of 05°13'16",27.33 feet to the most Northerly corner of a parcel of land described in Statutory Warranty Deed, AFN 1038370, records of said Grant County, and shown as "Parcell" on said Jan Marie Short Plat, and the point of continuance of said 299.96 foot radius curve; Thence along the North, West and South boundaries of said "Parcell" the following five (5) courses: • Thence along the arc of said curve to the right through a central angle of 43°38'02",228.44 feet; • Thence S61°21'12"W, 269.74 feet; • Thence S30012'16"E, 190.76 feet to the North ROW of Craig Boulevard; • Thence Ns9°31'44"E along said ROW, 221.87 feet to the point of curvature of a 900.60 foot radius curve; • Thence along the arc of said curve to the right through a central angle of 12°34'07",197.56 feet to the Southwest corner of Lot 1, of said Jan Marie Short Plat, and the continuance of said 900.60 foot radius curve; Thence along the South boundary of said Jan Marie Short Plat the following five (5) courses: • Thence along the arc of said curve to the right through a central angle of 40°09'18",631.17 feet; • Thence S67"46'39"E, 111.12 feet; • Thence S67"3s'00"E, 114.62 feet to the point of curvature of a 123.08 foot radius curve; • Thence along the arc of said curve to the left through a central angle of 37"14'20",79.99 feet; • Thence N68°33'46"E, 22.98 feet; Thence continuing N68°33'46"E, 103.48 feet to the East ROW of Patton Boulevard, and the point of curvature of a 647.59 foot radius non-tangent curve; Thence along the arc of said curve to the left through a central angle of 04°27'56" along said East ROW, a distance of 50.47 feet, whose chord bears S20023'37"E, 50.46 feet to the Southerly most corner of a parcel of land described in Statutory Warranty Deed, AFN 911008012; Thence along the Southeast boundary of said parcel Ns9°s3'08"E, 135.26 feet to the Southwesterly boundary ofTurnkey Road extended, as shown on Record of Survey, Book 54, Pages 62 and 63, records of said Grant County; Thence S30029'27"E, 6.63 feet to the Westerly most corner of said Turnkey Road ROW; Thence along the North and Northeasterly ROW of said Turnkey Road the following five (5) courses: • Ns9°30'sO""E, 40.00 feet to the point of curvature of a 40.00 foot radius curve; • Thence along the arc of said curve to the right through a central angle of 138°23'35",96.62 feet to the point of curvature of a 20.00 foot reverse curve; \\Eng-Server\drawlngs\working\surveY\annex\J Barney & Jan Marie Annex • Thence along the arc of said curve to the left through a central angle of 4rS7'30", a distance of 16.74 feet; • Thence S30003'OS''E, 249.71 feet; • Thence S30029'08''E, 1277.10 feet to the southwesterly most corner of Lot 11, of said J. Barney Industrial Plat; Thence continuing S30029'08''E, 99.99 feet to the Southeasterly ROW of 220d Avenue; Thence NS3°S2'OS"E along said Southeasterly ROW, 23.83 feet to the Point of Beginning. \\Eng-Server\drawings\working\survey\annex\J Barney & Jan Marie An nex CITY O F MOS ES LAKE ....... JI PEROI.E 1710»000 116.10000 ($254.420 00) INtRY I & JAN .. HALL 3nU70G0 sn .... oo ($105.13600) INtRY E .. JAN M HALL '13UIOOO ......... ($11'.2$600) ~- , l i RS TITAN -lOTUS LlC ET AL t11 ~902' $5.767,39500 (SU~.490 00) RS TITAN _lOTUS LLC ET N.. 111055008 '4UOO.00 ($116,525.011) PUO 0ftNff COUNTY ",ao, .. , SCOTT l & LESliE E RAMSDEN W .04O 00 1711)(90'3 tw_ODi 51,3J.O,160oo (Si5I9,240.00) AMES L & VIRGINIA M BARNEY 311583000 516.72000 ($11.875.00) BARNEY 1210589045 $1,740.00 ($1 ,74(1.00) JAMES L" WlGINIAM IMJIIEY ,-..... 11500 (111.510." • L" WtONAM IMHEY , ........ $22 . ..000 ($41,1».00) • ! .wEI L a VltGINA If IMNEY ,-MO,oooGO "".1311 00) ./NIIEa L" V'ROIHIAMIMNEY , ........ """' .. (101,41000) IElLE ENmtPftI8lSINC 1220STtOO 122.13400 ($48,_00) .UI.~SINC """ ... 12111000 (141,_001 1lU.l1~'N:: , ......... »1.50000 ... ..,.'" _L..-v ,-14'.25000 ........ '" I ! ~ Legend TOTAL MARKET VALUE 2013 (2014) "ii.:..=''wii'.:::i ...... 220FUI _ EXTRATERRITORIAL AGREEMENT C:J UGA BOUNDARY [':"1 CITY LIMITS LAKE Dowment Path: \\Gis-Slrverlqis\Map ReqlHuts\Palton Anneution.mxd August 12 , 2013 TO: City Manager FROM : Assistant Finance Director~~ SUBJECT : Investment Report Attached is the Investment Report for the month of July , 2013. cc : Finance Director I nvestment Report July, 2013 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 9,414,248.77 2.24 07/01/13 07/31/13 17,955.50 Wa. State Invest Pool Invest Acct 6,748,724.55 0.12 07/01 /13 07/31/13 1,885.12 Total Maturities: 16,162,973.32 Investment Purchases Grant County Invest Pool Invest Acct 9,432,204.27 08/01/13 08/31/13 Wa. State Invest Pool Invest Acct 6,618,352.99 08/01/13 08/31/13 Total Purchases: 16,050,557.26 I nvestment Totals Beginning Balance * 16,162,973.32 Total Maturities 16,162,973.32 Total Purchases 16,050,557.26 Ending Balance * 16,050 557.26 I Monthly I nterest Earned 19,840.62 * Beginning Balance = Total Outstanding + Total Maturities *Ending Balance = Beginning Balance -Total Maturities + Total Purchases