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09102013Brent Reese Jason Avila Jon Lane MOSES LAKE CITY COUNCIL Bill Ecret Mayor -~-UN ..;;:;;:;:c- MOSES LAKE Joseph K. Gavinski City Manager David Curnel Karen Liebrecht Dick Deane September 10, 2013 AGENDA Sophia Guerrero, Executive Secretary Civic Center -Council Chambers 7:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. IDENTIFICATION OF CITIZENS WANTING TO DISCUSS AGENDA ITEMS IDENTIFICATION OF CITIZENS WANTING TO DISCUSS NON-AGENDA ITEMS 4. PRESENTATIONS AND AWARDS A. Proclamation -Moses Lake Wellness Week 5. CONSENT AGENDA A. Approval of Minutes -August 27 , 2013 B. Approval of Bills and Checks Issued C. Accept Work -Stormwater Site B Project -2013 6. COMMISSION APPOINTMENTS -None 7. CONSIDERATION OF BIDS AND QUOTES -None 8. PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS -None 9. ORDINANCES AND RESOLUTIONS A. Ordinance -Amend MLMC 18.20 Residential Zones -r d Reading B. Ordinance -Amend MLMC 2.46 Tourism Commission - 1 st Reading B. Resolution -Authorizing the Tr ansfer of Funds C. Resolution -Adopting A WC Employee Benefits Trust Health Care Program D. Resolution -Accept Donation of Funds -E ndeavour Soccer Academy -Wallace E. Resolution -Nuisance Abatement -1351 E. Oasis Circle -Sicilia F. Resolution -Nuisance Abatement -8692 Charles Rd -Weber 10. REQUEST TO CALL FOR BIDS -None 11. REFERRALS FROM COMMISSIONS -None Finance Municipal Police Chief Parks & Recreation Fire Chief Community City Attorney w. Robert Services Dave Ruffi n Spencer Grigg Tom Taylor Development Katherine L. Taylor Gary Harer Gilbert Alvarado Kenison Page 2 -Moses Lake City Council meeting, September 10, 2013 12. OTHER ITEMS FOR COUNCIL CONSIDERATION A. Reappointing Lodging Tax Advisory Committee Members 13. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS 14. COUNCIL QUESTIONS AND COMMENTS 15. CITY MANAGER REPORTS AND COMMENTS A. Staff Reports 1. Ambulance Cash Report 2. Building Activity Report 3. Itinerant Vendors Update 4. Sales Tax / Transient Rental Income Report Finance Municipal Police Chief Parks & Recreation Fire Chief Community City Attorney W. Robert Services Dave Ruffin Spencer Grigg Tom Taylor Development Katherine L. Taylor Gary Harer Gilbert Alvarado Kenison PROCLAMATION Moses Lake Wellness Week WHEREAS: The U.S. Department of Health and Human Services estimates the cost to treat illness and chronic disease caused by inactive lifestyles is nearly $1,000 for every family in America, every year; and WHEREAS: Health expenditures in the U.S. neared $2.6 trillion in 2010, over 10 times the 256 billion spent in 1980; and WHEREAS: Health Care costs for chronic disease treatments account for over 75% of the national health expenditure; and WHEREAS: The increase in overweight and obesity in the U.S. has been a significant contributing factor to chronic illnesses and health care spending; and WHEREAS: getting 30 minutes of moderate physical activity, such as a brisk walk, at least 5 times a week can result in significant health benefits such as lowering the risk of developing or dying from cardiovascular di sease, hypertension, type II diabetes and improving the health of muscles, bones and joints; and WHEREAS: physical activity is vital to the well-being of all Americans, and Moses Lake Wellness Week is an opportunity for the community to carve out time from their busy lifestyle to exercise, and focus on making positive lifestyle change: and WHEREAS: the goal of Well ness Week is to help our community jump start healthier lives, stay active, live well and be well, and make Moses Lake a national leader in community-based health interventions; and WHEREAS: The Wellness Campaign seeks to foster active living and healthy lifestyles b providing communities the structure and resources to implement healthy community initiatives; and NOW, THEREFORE, I, Bill J. Ecret, Mayor of City of Moses Lake, Washington, do hereby proclaim September 22 -28 ,2013 as Moses Lake Wellness Week; and be it further RESOL VED: That I encourage the residents of Grant County to take an active role in engaging in activities that promote healthy eating and greater physical activity for themselves and their families. SIGNED and SEALED this 10'h day of September, 2013 Bill J. Ecret, Mayor City of Moses Lake, Washington MOSES LAKE CITY COUNCIL August 27 , 2013 Council Present: Bill Ecret, Dick Deane, Jon Lane, Karen Liebrecht, Jason Avila, and Brent Reese Absent: Da vid Curnel The meeting was called to order at 7 p.m. by Mayor Ecret. PLEDGE OF ALLEGIANCE: Mayor Ecret led the Council in the pledge of allegiance. PRESENTATION AND AWARDS PROCLAMATION The proclamation declaring September 10 -17, 2013 as Commemoration and Support of Constitution Week was read in its entirety. CONSENT AGENDA Minutes: The minutes of the August 13 meeting were presented for approval. Approval of Claims, Prepaid Cla ims, 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 27 , 2013 the Council does approve for payment claims in the amount of $286 ,114.45; prepaid claims in the amounts of $85,906.12 and $481 ,846.06 ; claim checks in the amount of $1 ,411 ,543.48; and payroll in the amount of $354,299.70. Seal Coat Project -Accept Work: Central Washington Asphalt, Inc completed work on the 2013 Seal Coat Project. The work should be accepted and the 60-day lien period entered into. Resolution -Accept Improvements -Sunburst Multi-Family Major Plat: A resolution was presented which accepts the improvements constructed as part of the Sunburst Multi-Family Major Plat. Resolution -Boundary Line Adjustment -Cascade Park: A resolution was presented which approves a boundary line adjustment between the City and the Estate of Ralph B. & Lois E. Kenison along a portion of the east property line of Cascade Park. Action Taken : Mr. Reese moved that the Consent Agenda be approved, seconded by Mr. Lane , and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES -None PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS ORDINANCE -EXTEND MORATORIUM ON MEDICAL MARIJUANA GARDENS -1ST READING/PUBLIC HEARING An ordinance was presented which extends the moratorium on the establishment of "collective gardens" for the medical use of marijuana. CITY COUNCIL MINUTES: 2 August 27, 2013 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. The public hearing was opened. There were no comments. Action Taken: Mr. Deane moved that the public hearing be closed , seconded by Mr. Lane, and passed unanimously. Action Taken: Mr. Lane moved that the second reading of the ordinance be adopted, seconded by Mrs. Liebrecht, and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 18.20 -RESIDENTIAL ZONES _1ST READING An ordinance was presented which would allow taller fences on corner lots in residential zones. The ordinance amending Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential Zones" was read by title on ly. Gilbert Alvarado, Community Development Director, stated that there is a tradeoff between the desire of the corner lot owners to have more of the yard hidden from sight and the overall appearance of the City to the neighbors, pedestrians, and visitors. Victoria Podolyan , 437 N. Crestview Drive, provided a sketch of her lot and po inted out that a 4' fence that is allowed on a corner lot does not provide either privacy or security. Action Taken: Mr. Lane moved that the first reading of the ordinance be adopted, seconded by Mr. Deane, and passed unanimously. RESOLUTION -NUISANCE ABATEMENT -2603 TEXAS A resolution was presented which provides for the abatement of nuisances at 2603 Texas. The property is owned by Dorothy Hester. The 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 was read by title only. Clair Harden, Code Enforcement Officer, was sworn in and provided testimony concerning this issue. There was no other testimony. The hearing was closed . Action Taken: Mr. Reese moved that the resolution be adopted, se conded by Mr. Avila , and passed unanimously. RESOLUTIONS -NUISANCE ABATEMENTS Resolutions were presented which provide forthe abatement of nuisances at 9859 Olympic, owned by Robert McCourtie, 1046 Division, owned by Carlos Espinoza, and 9972 Sunny, owned by CITY COUNCIL MINUTES 3 August 27, 2013 Roland Huff. Ri ck Rodriguez, Code Enforcement Officer, was sworn in and provided testimony concerning this issue. There was no other testimony. The hearing was closed. The 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 was read by title only . Action Taken : Mrs. Liebrecht moved that the resolution be adopted, seconded by Mr. Lane, and passed unanimously. The 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 was read by title only. Action Taken : Mr. Avila moved that the resolution be adopted, seconded by Mr. Reese , and passed unanimously. The 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 by the City exists on such property; and directing the use of such forces to abate the nuisance found was read by title only. Action Taken: Mr. Reese moved that the resolution be adopted , seconded by Mr. Avila, and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION REQUEST FOR CITY SERVICES -ROSE Rick Rose requested permission to connect his property at 2215 Westshore to the City's water and sewer system. The lot is within one half mile of the City limits but the Council may wish to determine that it is impractical for the property owner to annex because of the intervening properties that are not within the City's limits. Mr. Rose stated that his septic system has failed and since the property is on the lake side of Westshore, he requested permission to connect to city services. Action Taken : Mr. Lane moved that the request be granted with the stipulation that an Extra Territorial Utility Agreement be required since it is impractical to annex the property at this time, seconded by Mrs. Liebrecht, and passed unanimously. ANNEXATION -SONICO The City of Moses Lake submitted a Notice of Intent to Commence Annexation Proceedings for CITY COUNCIL MINUTES: 4 August 27 , 2013 property between Randolph Road and 22,d Avenue to which the City holds the Power of Attorney through Extra Territorial Utility Extension Agreements signed by the property owners. The proposed annexation consists of approximately 61 .5 acres. If the property for which the City has no Extra Territorial Utility Agreement is excluded , the annexation would consist of approximately 52 .19 acres. Joseph K. Gavinski, City Manager, pointed out which properties have signed Ex1ra Territorial Utility Agreements and what other properties could be included in the proposed annexation. Bea Stump, owner of property on Patton Boulevard , stated that they do not wish to be annexed at this time as they are currently developing the area and felt that there may be stricter requirements in the city which would increase the cost. Action Taken: Mrs. Liebrecht moved that the City Council ratify the City Manager's execution on behalf of the City of the Notice of Intent to Commence Annexation Proceedings, seconded by Mr. Deane, and passed unanimously. Action Taken: Mr. Lane moved that the Notice of Intent be receipted, seconded by Mr. Avila, and passed unanimously. Action Taken: Mr. Deane moved that the Notice of Intent be accepted, seconded by Mr. Lane, and passed unanimously. Action Taken: Mrs. Liebrecht moved that the staff draft up the Petition for Annexation to include the properties where the City hold an Extra Territorial Utility Agreement and Power of Attorney, the property where Sonico intends to build a facility, and Parcel Nos. 171049013, 311583000, 171044001, and 121089045, seconded by Mr. Deane, and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT The City received $19,840.62 in investment income for July. The regular meeting was adjourned at 8 p.m. ATTEST Bill J. Ecret, Mayor W. Robert Taylor, Finance Director DATE 9/06/13 TIME 08:41:36 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 09/10/2013 Expenditure Account PAGE 1 XAPPRVD NAME OF VENDOR Department VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ACE HARDWARE 00006538 AG WEST DISTRIBUTING CO INC 00006842 AMERI CAN LINEN 00004921 BALIN LUSBY 00004683 CASCADE ANALYTICAL INC 00005014 CENTRAL WASHINGTON CONCRETE 00003603 CINTAS CORPORATION LOC 607 00000271 COMMERCIAL TIRE 00005968 0000066962 14 .01 MISe SUPPLIES 0000066982 200.40 MISC SUPPLIES 0000066982 43 .12 MISC SUPPLIES 0000061322 18.83 MISC SUPPLIES 0000061322 6.44 MIse SUPPLIES ====================== TOTAL: 282.80 0000061210 10.64 MISC SUPPLIES =====================: TOTAL: 10.64 0000061250 682.22 LINEN SERVICE ====================== 0000061387 TOTAL: 0000061281 0000067281 682.22 350 .00 MAC PERFORMER PAY 350.00 352.00 1,005.24 SAMPLE TESTING SAMPLE TESTING ====================== TOTAL: 0000066965 0000067189 TOTAL: 0000061190 0000067190 0000061190 1,351.24 246.02 MISC SUPPLIES 402.39 CONCRETE 648.41 32 .38 SHOP TOWELS 32.36 SHOP TOWELS 366.00 SHOP TOWELS ====================== TOTAL: 0000061273 0000061273 430.74 351.75 NEW TIRES 1,369.12 NEW TIRES DATE 9/06/13 TIME 08:47:36 L A K E PAGE 2 XAPPRVD 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 e I L M E E TIN G T 0 B E A P PRO V E D o F 09/10/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O . Amount Purpose of Purchase =======================:=============================================================================================== ==:===:=============== TOTAL: 1,720.87 CSWW, INC dba BIG R STORES 00001701 0000066971 165.92 MISC SUPPLIES 0000066971 313.40 MISC SUPPLIES 0000067216 64.72 MISC SUPPLIES 0000067216 8.62 MISe SUPPLIES 0000067216 72.24 MISC SUPPLIES 0000067216 50.67 MISC SUPPLIES 0000067216 99.40 MISC SUPPLIES 0000067216 193.11 MISC SUPPLIES 0000067216 24.78 MIse SUPPLIES ====================== TOTAL: 992.86 EVERGREEN IMPLEMENT INC 00005234 0000067196 420.24 FILTERS, IDLER ====================== TOTAL: 420.24 INLAND PIPE & SUPPLY COMPANY 00003727 0000067202 39.30 HOSE BIB FAUCET 0000067202 241. 07 HOSE BIB FAUCET ====================== TOTAL: 280.37 LAD IRRIGATION COMPANY INC 00001101 0000067147 77 .03 IRRIGATION REPAIR SUPPLIES 0000067373 2,438.59 POOL PUMP 0000067290 48.88 PVC COUPLERS 0000067206 14 .84 MISC SUPPLIES 0000067206 13.95 MIse SUPPLIES ====================== TOTAL: 2,593.29 LAKE AUTO PARTS 00001102 0000067208 542.20 MIse SUPPLIES DATE 9/06/13 TIME 08:47:36 NAME OF VENDOR Department CIT Y 0 F M 0 S E S TAB U L A T ION 0 F e L A I M S C 0 U N C I L M E E TIN G LA K E TO BE APPROVED o F 09/10/2013 Expenditure Account PAGE 3 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ============================================================================================================:========== ====================== TOTAL : 542.20 PLATT ELECTRIC COMPANY 00001549 0000066978 49.68 MISC SUPPLIES 0000067210 201. 30 MISe SUPPLIES 0000067210 519.31 MISC SUPPLIES 0000067210 163.25 MIse SUPPLIES ====================== TOTAL: 933.54 RATHBONE SALES INC 00005021 0000067287 13 .90 PINI GEAR 0000067228 307.57 MISC SUPPLIES ===================:== TOTAL: 321.47 ============================= REPORT TOTAL: 11,566.89 DATE FRI , SEP 6, 2013, 8,47 AM TIME 08,47,37 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 09/10 /2013 TOTALS BY FUND FUND 000 103 116 410 493 498 519 528 FUND NAME GENERAL FUND GRANTS AND DONATIONS STREET WATER/SEWER STORM WATER AMBULANCE SERVICE FUND EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW. VEND NO. P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID AMOUNT 3,562.07 350.00 145.98 3,415.76 217.70 682.22 3,029.91 163.25 11,566.89 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 $11,566.89 THIS 10TH DAY OF SEPTEMBER, 2013 * * * * * • * * * * • COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER FINANCE DIRECTOR * * * • • • * * • • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DATE 9/06/13 TIME 10:14:12 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 09/10/2013 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase =========================================================================================:==================:========== A M HARDWARE COMPANY INC 000074 73 0000067275 390.60 REPAIR KIT ====================== TOTAL: 390.60 A T & T MOBILITY 00004826 0000067399 26.88 CELL PHONE SERVICE 0000067399 328.53 CELL PHONE SERVICE 0000067399 26.90 CELL PHONE SERVICE 0000067399 1,300.23 CELL PHONE SERVICE 0000067399 233.99 CELL PHONE SERVICE 0000067399 28.88 CELL PHONE SERVICE 0000067399 124.17 CELL PHONE SERVICE 0000067399 124.36 CELL PHONE SERVICE 0000067399 40.69 CELL PHONE SERVICE 0000067399 196.08 CELL PHONE SERVICE 0000067399 40.48 CELL PHONE SERVICE 0000067399 213.91 CELL PHONE SERVICE ====================== TOTAL: 2,685.10 BANK OF NEW YORK -EFT 00006561 0000067307 230,000.00 DEBT SERVICE PAYMENTS 0000067307 230,000 .00 DEBT SERVICE PAYMENTS 0000067307 26,796.25 DEBT SERVICE PAYMENTS 0000067307 26,796.25 DEBT SERVICE PAYMENTS 0000067307 137,500.00 DEBT SERVICE PAYMENTS 0000067307 137,500.00 DEBT SERVICE PAYMENTS 0000067307 76,484.38 DEBT SERVICE PAYMENTS 0000067307 76,484.37 DEBT SERVICE PAYMENTS 0000067307 155,000.00 DEBT SERVICE PAYMENTS DATE 9/06/13 TIME 10: 14 : 12 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 D o F 09/10/2013 Expenditure Account PAGE 2 XAPPRVD VENDOR NO Object Description P,O, Number P,O, Amount Purpose of Purchase ============================================================================================================:======:=== 0000067307 26,513,34 DEBT SERVICE PAYMENTS 0000067307 2,437,50 DEBT SERVICE PAYMENTS ====================== TOTAl: 1,125,512,09 BANK OF NEW YORK MELLON 00005075 0000067311 100,59 ADMIN FEES/BONDS 0000067311 100,58 ADMIN FEES/BONDS 0000067311 100,58 ADMIN FEES/BONDS ====================== TOTAl: 301. 75 BASIN LOCK & SECURITY 00003714 0000067382 215,23 SERVICES TOTAl: 215,23 BATTERY SYSTEMS 00004673 0000067292 285,46 BATTERIES ==========:======:==== TOTAl: 285,46 BETTY JOHANSEN 00004610 0000067348 59,50 BOWL/PITCHER/PLATTER ====================== TOTAl: 59,50 BEVERLY WEATHERSPOON 00006180 0000067344 7,00 EARRINGS :===================== TOTAl: 7,00 BIG SKY FIRE/AFFIRMED MEDICAL 00006233 0000067293 96 ,84 FIRST AID SUPPLIES ====================== TOTAl: 96,84 BLUMENTHAL UNIFORM CO INC 00000133 0000067331 222,17 UNIFORM PANTS ====================== TOTAl: 222,17 BONNIE LONG 00007193 0000067263 100,00 VEHICLE USE -SEPTEMBER 2013 ====================== TOTAl: 100,00 BOUND TREE MEDICAL LLC 00006022 0000067303 166,90 AMBULANCE SUPPLIES TOTAl: 166,90 BROADWAY ANIMAL HOSPITAl 00000165 0000067385 243,00 SERVICES ====================== TOTAl: 243,00 DATE 9/06/13 TIME 10:14:12 CIT Y 0 F M 0 S E S L A K E PAGE 3 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 09/10/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase =========================:======:====================================================================================== BSN SPORTS 00006942 BUD CLARY CHRYSLER DODGE JEEP 00005449 BUD CLARY FORD 00006454 BURKE MARKETING & PROMOTION 00005798 BUSINESS INTERIORS & EQUIPMENT 00003 619 CALIFORNIA CONTRACTORS SUPPLY 00006014 CAROL CROSS 00004253 CAROL HOHN 00006772 CENTER FOR ED & EMPLOY LAW 00007 515 CENTRAL MACHINERY SALES INC 00002779 CENTRAL MANDFACTURING INC 00005478 0000067371 227.23 ====================== TOTAL: 227.23 0000067325 94.01 ====================== TOTAL: 94.01 0000067266 179.06 ===========:========== TOTAL: 179.06 0000067280 9,505.96 =:==================== TOTAL: 9,505.96 0000067390 1,781.12 ====================== TOTAL: 1,781.12 0000067318 330.48 ====================== TOTAL : 330.48 0000067345 66.50 TOTAL: 66.50 0000067200 175.00 TOTAL: 175.00 0000067386 254.95 ==:=================== TOTAL : 0000067274 0000067274 0000067274 254.95 647.40 20.31 58.14 ====================== TOTAL: 0000067323 0000067323 725.85 459.72 345.23 SOCCER NET CAP WHEEL LOCK ASSEMBLY ADVERTISING/AGENCY RETAINER COPIER MAINT AGREEMENTS GLOVES CRANE BUILDING MAINT PUBLICATION MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES CONCRETE FOR UTIL CUT CONCRETE FOR UTIL CUT DATE 9/06/13 TIME 10:14:12 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 09/10/2013 Expenditure Account PAGE 4 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= CENTURYLINK 00003599 00001502 00003599 00001502 00003599 00001502 00003599 00001502 00003599 TOTAL: 0000067334 0000067334 0000067334 0000067334 TOTAL: 0000067306 TOTAL: 0000067334 TOTAL: 0000067306 804.95 8.00 8.00 40.00 40.00 96 .00 149.68 149.68 80. DO 80.00 213.33 ====================== TOTAL: 0000067334 TOTAL: 0000067306 TOTAL: 0000067334 0000067334 213.33 20.50 20.50 44.70 44.70 4.00 10. DO ====================== TOTAL: 14 .00 LONG DISTANCE TEL SERVICE LONG DISTANCE TEL SERVICE LONG DISTANCE TEL SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE LONG DISTANCE TEL SERVICE TELEPHONE SERVICE LONG DISTANCE TEL SERVICE LONG DISTANCE TEL SERVICE 0000067306 42.70 TELEPHONE SERVICE ====================== TOTAL: 0000067334 0000067334 42.70 130.98 90.23 LONG DISTANCE TEL SERVICE LONG DISTANCE TEL SERVICE DATE 9/06/ll TIME 10:14:12 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 D o F 09/10/20ll Expenditure Account PAGE 5 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ==============:================================================================:======================================= 0000067312 50.56 WATER SHUT OFF NOTIFICATIONS 0000067312 16.8 5 WATER SHUT OFF NOTIFICATIONS ================:===== TOTAL: 288.62 00001502 0000067306 44.05 TELEPHONE SERVICE ===:================== TOTAL: 44.05 00003599 0000067334 29.66 LONG DISTANCE TEL SERVICE 0000067334 28.37 LONG DISTANCE TEL SERVICE 0000067334 4.00 LONG DISTANCE TEL SERVICE 0000067334 4.00 LONG DISTANCE TEL SERVICE TOTAL: 66.03 CHArM BEZALEL/YONNAH BEN LEVY 00005703 0000067341 66.50 VASE ====================== TOTAL: 66.50 CITY OF MOSES LAKE 00008107 0000067342 37.69 EXCISE TAK 0000067342 33 .01 EXCISE TAK 0000067342 12.19 EXCISE TAK 0000067342 8.33 EXCISE TAK 0000067342 12.13 EXCISE TAK 0000067342 33.78 EXCISE TAK 0000067342 1,246.70 EXCISE TAK 0000067342 10.72 EXCISE TAK 0000067342 291. 91 EXCISE TAK 0000067342 45.49 EXCISE TAK 0000067342 5.84 EXCISE TAK ==:==========:======== TOTAL: 1,737.79 00008201 DATE 9/06/13 PAGE 6 TIME 10:14:12 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 09/10/2 013 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ===================================================================================================================:=== 00008107 00008106 00008201 00008106 00008107 00008201 00008107 0000067313 9,096.35 0000067313 2,135.54 ====================== TOTAL: 11,231.89 0000067342 69.70 0000067342 9.22 0000067342 161. 95 0000067342 70.28 0000067342 18.01 ====:================: TOTAL: 329.16 0000067286 300.21 ====================== TOTAL: 0000067313 0000067313 0000067313 TOTAL: 0000067284 300.21 520.76 1,375.50 2,411.21 4,307.47 770.35 ====================== TOTAL: 0000067342 0000067342 770.35 13 .19 115.06 ====================== TOTAL: 128.25 0000067313 374.69 ====================== TOTAL: 0000067342 0000067342 0000067342 374.69 24,192.01 7,555.96 2,370.84 WATER SERVICE WATER SERVICE EXCISE TAX EXCISE TAX EXCISE TAX EXCISE TAX EXCISE TAX RETAIN-POLICE IMPOUND FENCE WATER SERVICE WATER SERVICE WATER SERVICE RETAINAGE-2013 WEED SPRAYING EXCISE TAX EXCISE TAX WATER SERVICE EXCISE TAX EXCISE TAX EXCISE TAX DATE 9/06/13 TIME 10:14:12 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 D o F 09/10/2013 Expenditure Account PAGE 7 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ============================================================================================================:========== 00008106 00008107 00008106 CITY OF SPOKANE 00004155 CLYDE WEST INC 00005788 COLUMBIA BASIN DAILY HERALD 00000210 COMFORT EXPERTS 00007009 ====================== TOTAL: 34,118.81 0000067394 916.75 =:==========:========= TOTAL: 916.75 0000067342 11,017.72 0000067342 92l. 96 0000067342 126. JJ 0000067342 142.69 0000067342 3,040.86 0000067342 42.41 0000067342 3.79 0000067342 32.43 0000067342 3,466.85 =:==================== TOTAL: 0000067339 0000067339 18,795.04 8.10 52.62 ====================== TOTAL: 60.72 0000067383 42.90 ====================== TOTAL: 42 .9 0 0000067272 2,218.78 ====================== TOTAL: 2,218.78 0000067305 257.04 TOTAL: 257.04 RETAIN PE 3 POW SEWER L/S 13 EXCISE TAX EXCISE TAX EXCISE TAX EXCISE TAX EXCISE TAX EXCISE TAX EXCISE TAX EXCISE TAX EXCISE TAX RETAINAGE/KONE/AUG RETAINAGE/KONE/AUG EVICENCE DESTRUCTION REPAIR FRONT DRUM ASSEMBLY PUBLICATIONS DATE 9/06 /13 TIME 10:14:12 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 TI N G 0 F 09/10/2013 Expenditure Account PAGE 8 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ==========================================================:=================================================:========== CONCESSIONS SUPPLY 00006286 CONFLUENCE HEALTH 00005069 CONSOLIDATED DISPOSAL SERVICE 00006284 CONSOLIDATED ELECTRIC DIST 00000819 CORAL SALES COMPANY 00007109 CORRECT EQUIPMENT 00004721 CUMMINS NORTHWEST INC 00004644 DATABAN 00007974 0000067321 431. 60 ====================== TOTAL: 431. 60 0000067288 192.61 =====================: TOTAL: 0000067299 0000067332 192.61 59.96 115.31 ====================== TOTAL: 175.27 EKCAVATE WATER SERVICE SNS RESALE COL PHYSICAL HEP B VACCINE 0000067395 0000067395 0000067395 195.21 DISPOSAL LOADS TOTAL: 0000067360 TOTAL: 0000067330 0000067330 0000067330 18 .82 DISPOSAL LOADS 21,000.09 DISPOSAL LOADS 21,214.12 37.55 37.55 9,411.26 9,411.25 9,411.25 MISC SUPPLIES SCHOOL ZONE FLASHING BEACONS SCHOOL ZONE FLASHING BEACONS SCHOOL ZONE FLASHING BEACONS ====================== TOTAL: 28,233.76 0000067374 827.22 TOTAL: 827.22 0000067271 1,385.33 ====================== TOTAL: 0000067309 0000067309 0000067309 0000067309 1,385.33 890.84 624.64 366.23 122.08 JAPANESE GARDEN SEWER PUMP REPROGRAM GENERATOR MAIL OTILITY BILLS MAIL OTILITY BILLS MAIL UTILITY BILLS MAIL UTILITY BILLS DATE 9/06/13 TIME 10:14:12 LA K E PAGE 9 XAPPRVD 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 T 0 B E A P PRO V E D o F 09/10/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= DATABAR 00007974 DEBORAB GOODRICB CBITTENDEN 00004888 E F RECOVERY 00007244 EASTERN CASCADE DIST 00006909 FABER INDUSTRIAL SUPPLY 00000501 FASTENAL COMPANY 00007372 FRANCIE ALBERTSON 00005644 G & A TRUCK & AUTO REPAIR 00006726 GRAINGER PARTS OPERATIONS 00002755 GRANT COUNTY ECON DEV COUNCIL 00005738 0000067309 156.86 ====================== TOTAL: 2,160.65 0000067349 29.40 ====================== TOTAL: 29.40 0000067300 4,969.98 ====================== TOTAL: 0000067375 TOTAL: 0000067361 0000067278 4,969.98 44.00 44.00 81. 05 16.85 ===:================== TOTAL : 97.90 0000067362 80.59 0000067320 328.52 0000067320 460.57 0000067320 280.32 ====================== TOTAL: 1,150.00 0000067346 68.60 ====================== TOTAL : 68.60 0000067279 124.62 ====================== TOTAL: 0000067268 0000067268 TOTAL: 0000067389 124.62 25.94 27.19 53.13 18.00 MAIL UTILITY BILLS EARRINGS PROF SERV/AMB BILLING DRINKING WATER MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES BRACELETS CBARGE A/C SYSTEM MISC SUPPLIES MISC SUPPLIES LUNCHEON-ECRET DATE 9/06/13 TIME 10:14:12 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 09/10/2013 Expenditure Account PAGE 10 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================:======:=====================:=================================== HACH COMPANY 00000712 HAYES INSTRUMENT CO INC 00003870 JAN COOK MACK 00005821 JERRYS AUTO SUPPLY 00005835 JUDY THOMPSON 00003825 KATHERINE L KENISON 00006980 KENNETH A GOODRICH 00005639 KONE INC 00006438 LAXESIDE DISPOSAL 00004080 LAURA CASTELLANOS 00004902 ==============:======= TOTAL: 18.00 0000067269 626.70 ====================== TOTAL: 626.70 0000067258 287 .47 =:==================== TOTAL: 287.47 0000067343 46.20 ====================== TOTAL: 0000067291 0000067291 TOTAL: 0000067351 46.20 89.31 36.66 125.97 108.50 ====================== TOTAL: 108 .50 0000067314 3,200 .00 ====================== TOTAL: 3,200.00 0000067347 49.00 ====================== TOTAL : 0000067308 0000067308 TOTAL: 0000067315 49.00 153.75 999.39 1,153.14 180,868 .59 ====================== TOTAL: 180,868.59 0000067352 177 .10 MISC SUPPLIES SURVEY SUPPLIES CARDS MISC SUPPLIES MISC SUPPLIES QUILTS/TOTE PROF SERVICE BOWL 2013 ELEVATOR MAINT AGREE JUNE 2013 ELEVATOR MAINT AGREE JUNE CONTRACT PAYMENT BOOKS/PAINTINGS/PINS DATE 9/06/13 TIME 10:14:12 CIT Y 0 F M 0 S E S L A K E PAGE 11 XAPPRVD 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 09/10/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ~~===================================================================================================================== LINDSAY/CULLIGAN 00005289 LOCALTEL COMMUNICATIONS 00004374 LYNN PEAVEY COMPANY 00003799 MID-AMERICAN RESEARCH CHEM 00005055 MOON SECURITY SERVICES INC 00006510 MOSES LAKE SHEET METAL 00001256 MOSES LAKE STEEL SUPPLY 00001268 MULTI AGENCY COMM CENTER E911 00006695 NORTH CENTRAL WASHINGTON FENCE 00006902 ====================== TOTAL: 0000067319 0000067319 0000067328 177.10 13 .08 26.16 87.24 ==========:=========== TOTAL: 126.48 0000067335 3,019.25 ====================== TOTAL: 3,019.25 0000067378 320.36 ====================== TOTAL: 320.36 0000067329 97.60 ====================== TOTAL: 97.60 0000067381 41. 50 TOTAL: 41. 50 0000067372 496.34 ====================== TOTAL: 0000067364 0000067364 496.34 60.60 600 .00 0000067326 50.27 0000067326 28.18 ====================== TOTAL: 0000067379 0000067301 0000067301 739.05 37,293.75 801.00 4,137.75 ====================== TOTAL: 42,232.50 PR/MAC WATER PR/MAC WATER BOTTLED WATER INTERNET SERVICE SUPPLIES MOISTURE BARRIER MONTHLY MONITOTING DRAINAGE PAN MISC SUPPLIES MISC SUPPLIES USER FEE USER FEES/SEPT USER FEES/SEPT DATE 9/06/13 TIME 10:14:12 NAME OF VENOOR 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 D o F 09/10/2013 Expenditure Account PAGE 12 XAPPRVD VENOOR NO Object Description P.O. Number P.O. Amount Purpcse of Purchase ===================================================================================================:=================== NORTHLAND CABLE 00006282 NORTHSTAR CHEMICAL INC 00006113 OASIS AUTO SPA 00004834 OXARC INC 00001412 PATRICK FLEMING 00007316 PINNACLE PUBLIC FINANCE INC 00005179 PNC EQUIPMENT FINANCE LLC 00007085 POW CONTRACTING 00005344 0000067285 5,703.82 TOTAL: 5,703.82 0000067337 73.22 ====================== TOTAL: 73.22 0000067316 5,767 .73 TOTAL: 5,767.73 0000067265 462.00 ====================== TOTAL : 0000067366 0000067277 0000067277 0000067277 462.00 237.30 11.86 655.79 15.51 ====================== TOTAL: 920.46 0000067350 37.80 ====================== TOTAL: 0000067296 0000067296 37.80 10,837.66 651. 66 ====================== TOTAL: 0000067295 0000067295 0000067295 0000067295 11,489.32 112.38 5.60 15,493.81 771.48 ====================== TOTAL: 16,383.27 0000067393 18,866.72 ====================== TOTAL: 18,866.72 2013 POLICE IMPOUND FENCE LRC CABLE SERVICE SODIUM HYPO CAR WASHES MISC SUPPLIES HARD RAT, GLOVES HARD RAT, GLOVES HARD HAT, GLOVES BOWL & MUGS #37A LEASE PYMT/SEPT #37A LEASE PYMT/SEPT #36 LEASE PYMT/SEPT #36 LEASE PYMT/SEPT #36 LEASE PYMT/SEPT #36 LEASE PYMT/SEPT PAY EST 3 SEWER L/S 2013 DATE 9/06/13 TIME 10:14:12 NAME OF VENDOR Department CIT Y 0 F M 0 S E S TABULATION OF CLAIMS 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 09/10/2013 Expenditure Account PAGE 13 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ====================================================================================:==:=============================== PROGRESSIVE MEDICAL INTL 00006656 QCL INC 00006542 REBEKAH LITTLEFIELD 00004722 REDDY ICE 00004329 REDFLEX TRAFFIC SYSTEMS 00004837 ROCK MILLS ENTERPRISES 00001295 SAFARI LAND 00004103 SAFETY KLEEN CORP 00004265 SAFETY LINE 00007253 SEA WESTERN INC 00001819 SHERWIN-WILLIAMS 00006229 SHIRTBUILDERS INC 00004022 0000067302 341. 77 =====================: TOTAL : 0000067298 0000067388 341. 77 15.00 69.00 ==:=================== TOTAL: 84.00 0000067353 448.00 ====================== TOTAL: 448.00 0000067340 798.00 TOTAL: 198.00 0000067396 15,507.81 TOTAL: 15,501.87 0000067321 111.50 ====================== TOTAL: 111.50 0000067380 895.00 ===================:== TOTAL: 895.00 0000061267 460.68 ====================== TOTAL: 460.68 0000061294 414 .12 ====================== TOTAL: 414.12 0000067304 235.42 ====================== TOTAL: 235.42 0000067276 868.92 ====================== TOTAL: 868.92 0000061376 95.12 AMB SUPPLIES ADMIN FEE INCREASE NEW HIRE DRUG TEST PAINTINGS ICE RESALE/CASCADE CAMPGROUND PROF SERV-RED LIGHT TICKHTS MOTOR REGISTRATION SOLVENT CLEANING SAFETY VESTS HELMET MISC PAINT, SUPPLIES UNIFORMS DATE 9/06/13 TIME 10:14:12 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 09/10/2013 Expenditure Account PAGE 14 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase =======================================================:==:============================================================ SWANK MOTION PICTURES INC 00008015 TASIYA OLIVER 00007578 TERRA FIRMA EXCAVATION 00005962 THE LIFEGUARD STORE 00007072 THE PROFESSORS INC 00004873 UNITED PARCEL SERVICE 00005456 W C P SOLUTIONS 00006671 WA CITIES INSURANCE AUTHORITY 00006720 Z ENGINEERS PLLC 00005614 TOTAL: 95.12 0000067336 346.36 TOTAL: 346.36 0000067333 39.84 =:==================== TOTAL: 39.84 0000067317 431. 60 TOTAL: 431. 60 0000067289 48.12 ================:===== TOTAL: 48.12 0000067283 14,636.48 ====================== TOTAL : 0000067398 0000067398 TOTAL: 0000067264 TOTAL: 0000067397 14,636.48 44.00 9.24 53.24 976.20 976.20 3,836.03 ====================== TOTAL: 3,836.03 0000067391 1,437.50 :===================== TOTAL: 1,437.50 REPORT TOTAL: 1,617,846.31 MOVIE IN MCCOSH PARK (LORAK) REIMB MILEAGE EXCAVATE WATER SERVICE BAG VALVE MASKS 2013 WEED SPRAYING SHIPPING CRARGES SHIPPING CRARGES CLEANING SUPPLIES INSURANCE DEDUCTIBLE PROFESS SERV LIFT STATION 2013 DATE FRI, SEP 6, 2013, 10:14 AM TIME 10:14:13 TOTALS BY FUND FUND -------- 000 102 103 116 119 275 281 410 450 452 477 486 490 493 495 498 503 517 519 528 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 U N C I L M E E TIN G 0 F 09/10/2013 FUND NAME AMOUNT -------------------.-------------------------------- GENERAL FUND 79,404.68 TOURISM ACTIVITIES 346.36 GRANTS AND DONATIONS 17,281. 39 STREET 21,656.53 STREET REPR/RECON 28,233.76 EQUIPMENT LEASES 117.98 G.O.B. 2006 REDEMPTION 201.17 WATER/SEWER 48,420.20 2011 BOND FUND 513,592.50 2004 BOND FUND 427,968.75 WATER SEWER CONSTRUCTION 21,220.97 G.O .B. 2006 REDEMPTION 100.58 SANITATION FUND 213,303.19 STORM WATER 1,154.25 AIRPORT 345.38 AMBULANCE SERVICE FUND 13,297.86 SELF-INSURANCE 3,836 .03 CENTRAL SERVICES 4,915.42 EQUIPMENT RENTAL 35,297.59 BUILD MAINTENANCE 187,151. 72 TOTALS PAGE XAPPRVD DATE FRI, SEP 6, 2013, 10:14 AM TIME 10:14:13 TOTALS BY FUND FUND CIT Y 0 F M 0 S E S TAB U L A T I ON 0 F C L A I M S C 0 U N C I L M E E TIN G FUND NAME TOTAL CHANGES TO BE MADE SHOUlD BE LISTED BELOW. LA K E T 0 B E A P PRO V E D o F 09/10/2013 AMOUNT 1,617,846.31 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 P R O 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 $1,617,846.31 THIS 10TH DAY OF SEPTEMBER, 2013 * * * • • COUNCIL MEMBER • • • • COUNCIL MEMBER • • COUNCIL MEMBER FINANCE DIRECTOR * * • • • • • • • • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * September 5, 2013 TO: City Manager For City Council Consideration FROM: Municipal Services Director SUBJECT: Accept Work Stormwater Retrofit Project, Site B -2013 Halme Construction has completed the work for the 2013 Stonnwater Retrofit Project, Site B. This project included construction of a stonnwater bio-filtration swale on Sage Road, construction of an underground stonnwater system on Blue Heron, Sage Road, and Laguna Drive, and abandonment of exi sting drywells on those three streets that no longer met environmental standards. The final construction cost for this project is $218,552 as compared with the total bid amount of$201,425. The additional cost is mainly due to lowering and replacing an existing water main in the intersection of Laguna Drive and Sage Road that was discovered at the same elevation of the new gravity stormwater main during construction. 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'~ G~::~ ~ Municipal Services Director September 4, 2013 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Ordinance -Amend 18.20, Residential Zones -2nd 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. The ordinance is presented for Council consideration. This is the second reading of the ordinance. Respectfully submitted, ~ Gil Alvarado Community Development Director GAjt 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. Street I B. All corner lots shall maintain a vehicular sight triangle for safety purposes. A sight triangle shall 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 finished ground Curb Ur.e... r--so 11..-->1 Figure 1 ~ ·0 . I: ..... .-. . iT .-" • level outside of the vehicle 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 ra il 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. ;lr. 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 of 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 ground cover. 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 September 5, 2013 Honorable Mayor and Moses Lake City Council Dear Council Members CI T Y O f HOSES LAKE Attached is a proposed ordinance amending Chapter 2.46 of the Moses Lake Municipal Code entitled "Tourism Commission". The proposed ordinance reduces the size of the Commission from 7 members to 5 members. The proposed amendment is suggested because of difficulty in recruiting and finding members of the community willing to serve on the Commission. The proposed ordinance is presented for Council consideration. This is the first reading of the ordinance. Respectfully submitted anager JKG:jt City Manager 764·3701 · City Attorney 764·3703 · Community Development 764·3750 · Finance 764·3717 · Fire 765·2204 Municipal Services 764·3783 · Municipal Court 764·3701 · Parks & Recreation 764·3805 · Police 764·3887 · Fax 764·3739 4015 Balsam St., P.O. Drawer 1579 · Moses Lake, WA 98837·0244 · www.cityofml.com ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2.46 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "TOURISM COMMISSION" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 2.46 of the Moses Lake Municipal Code entitled "Tourism Commission" is amended as follows: 2.46.010 Commission Established : The Tourism Commission for the city is created and shall consist of five @ se'VeA (7) members from citizens who reside, own property, or operate or manage a business, association, or non-profit organization within the corporate limits of the city who shall be appointed by the Mayor and confirmed by the City Council, pursuant to MLMC 2.08.040. 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 24, 2013. Bill J. Ecret, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM Katherine L. Kenison, City Attorney September 5, 2013 Honorable Mayor and Moses Lake City Council Dear Council Members CITY OF MOSES LAKE Attached is a proposed resolution authorizing the transfer of funds from the Water/Sewer Fund to the General Fund in 2013 and 2014. There are several reasons for the transfer which are set forth in the resolution . First of all , the transfer is suggested because of a change in a previous practice with regard to the overhead rate previously charged the Water/Sewer Fund for services provided the Water/Sewer Fund by the City's Engineering Division of the Municipal Services Department, which is funded by the City's governmental general operating fund . Secondly, it is noted that the Water/Sewer Fund pays no property taxes to the General Fund which would not be the case if the water and sewer systems were privately owned . It is also noted that under the accounting standards under which the City operates, the Water/Sewer Fund is deemed a non-governmental proprietary operation . Thirdly, the authority exists in statute, in the City's opinion, for the City to transfer 4% of the cost of the water system into the General Fund as a maintenance and operating cost of the water system. With this transfer the City will alleviate some of the pressure on the City's general fund activities resulting from the on-going dispute between REC and the County with regard to the assessed value of the REC property. This dispute has resulted in a significant decline in property taxes receipted by the City's General Fund. The proposed resolution is presented to you for your consideration. JKG:jt City Manager 764·3701 · City Attorney 764·3703 · Co=unity 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 4015 Balsam St.· P.O. Drawer 1579 · Moses Lake, WA 98837·0244 · www.cityofml.com RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE WATER/SEWER FUND TO THE GENERAL FUND IN 2013 AND 2014 RECITALS: 1. The City of Moses Lake operates an Engineering Division in the Municipal Services Department which is funded with governmental, general operating revenue. 2. The City for many years charged for the actual labor costs and an overhead rate for engineering services provided the Water/Sewer Fund, a non-governmental, business related proprietary fund at a rate similar to what a private engineering firm would charge the City for the same services. 3. The overhead rate included a reimbursement for the cost of housing the Engineering Division, furnishings , equipment, supplies, etc. 4. The City intended, planned, and budgeted for the overhead rate as a part of the cost of doing business for the Water/Sewer Fund and included such costs in the water/sewer rate structure. 5. The City was advised by the Washington State Auditor's Office in 2012 that the City's overhead rate needed actual support and that it advised the City should not use the overhead rate as it had been doing for years. The City quit charging the previously charged overhead rate. 6. RCW 35.3.535, in the City's opinion , applicable in part to the City, due to the City's status as an optional municipal code city, states: "Rates shall be fixed by ordinance for supplying water ... sufficient to pay for all operating and maintenance charges. If the rates in force produce a greater amount than is necessary to meet operating and maintenance charges, the rates may be reduced or the excess income may be transferred to the City's current expense fund. The term "maintenance and operating charges," as used in this section include all necessary repairs, replacement, interest on any debts incurred in acquiring, constructing, repairing, and operating plants and departments and all depreciation charges. This term shall also include an annual charge equal to 4% on the cost of the plant or system, as determined by the State Auditor to be paid into the current expense fund, except that where utility bonds have been or may hereafter be issued and are unpaid no payment shall be required into the current expense fund until'such bonds are paid. 7. The City determined it was more cost effective to utilize the authority in RCW 35.23.535 rather than go through a time consuming exercise and process and establish the overhead rate as previously used by the City which was a rate similar to what a private engineering firm would charge the City for the same services. 8. It should be noted that the Water/Sewer Fund, a non-governmental business related proprietary fund does not pay to the City's governmental general operating fund any property taxes or payment in lieu of taxes even though the assets of the Water/Sewer Fund are valued at approximately $1 .8 million. If the Water/Sewer Fund were operated as a privately held business it would pay approximately $341 ,223 in property taxes to the City. RESOLVED: 1. The City shall transfer $500,000 in 2013 and 2014 to the General Fund from the Water/Sewer Fund under the authority of RCW 35.3.535 since there is excess income in the fund due to the fact that the City is not charging an overhead rate for the engineering services as it had done in the past as it has budgeted and planned for in 2013 and 2014 and because the Water/Sewer Fund pays no property tax to the City or payment in lieu of taxes and because the City can include a charge in its water/sewer rates equal to 4% of the cost of the water system as a maintenance and operating charge. Adopted by the City Council on September 10, 2013. ATTEST: Bill J. Ecret, Mayor W. Robert Taylor, Finance Director September 3, 2013 Honorable Mayor and Moses Lake City Council Dear Council Members C I T Y OF HOSES LAKE Attached is a proposed resolution adopting the Association of Washington Cities Employee Benefit Trust's Health Care Program . The consideration of the resolution and attached inter-local agreement is due to in a fundamental change in the health care benefits managed by the Trust. After many months of research and consideration, the AWC Employee Benefit Trust Board of Trustees voted to change from a fully insured benefit program to a self insured model. As a result of adopting a self-funding program, it is anticipated there will be 0% increase in costs for those covered by the Trust's medical, dental, and vision programs for 2014 . In order to continue to participate in the Trust, the resolution must be adopted by the City of Moses Lake and authorization provided to execute the inter-local agreement. The resolution is presented to you for your consideration. Respectfully itted JKG:jt City Manager 764·3701 · City Attorney 764·3703 · Communit)' Development 764·3750 · Finance 764·3717 · Fire 765·22 04 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.cityofrnl.com RESOLUTION NO. A RESOLUTION ADOPTING THE ASSOCIATION OF WASHINGTON CITIES EMPLOYEE BENEFIT TRUST HEALTH CARE PROGRAM RECITALS: 1. The Association of Washington Cities Employee Benefit Trust (the "Trust") is an entity to which contributions by cities and towns and non-city entities organized and existing under the Constitution or laws of the State of Washington and who are members of the Trust (Participating Cities and Towns ," and "Participating Non-City Entities") and their employees can be paid and through which the Board of Trustees of the Trust ("Trustees") provides one or more insured health and welfare benefit plans or programs to Participating Cities and Towns' and Non-City Entities' employees , their dependents and other beneficiaries ("Beneficiaries"), on whose behalf the contributions were paid . 2. The Trust qualifies as a voluntary employee beneficiary association with in the meaning of Section 501 (c)(9) of the Internal Revenue Code, providing for the payment of life, sick, accident or other benefits to Beneficiaries. 3. The Trust and Participating Cities and Towns and Non-City Entities have determined that it is in the best interest of Participating Cities and Towns and Non-City Entities to jointly self-insure certain health benefit plans and programs for Beneficiaries through a designated account within the Trust, while at the same time having the Trust continue as the entity to which other insured health and welfare benefit program contributions are paid and through which insured health and welfare benefit plans and programs are provided to Beneficiaries. 4. It appears economically feasible and practical for the parties to do so. 5. Chapter 48.62 RCW provides that two or more local government Entities may, by interlocal agreement under Chapter 39.34 RCW, jointly self-insure health benefit plans and programs, and/or jointly hire risk management services for such plans or programs by anyone or more of certain specified methods. 6. The Association of Washington Cities Employee Benefit Trust Interlocal Agreement (the "interlocal Agreement") attached hereto creates a joint self-insured health and welfare benefit program (the "Health Care Program") to be administered by the Trustees for the purposes of providing self-insured health benefits to the Beneficiaries. 7. WAC 200-11 0-030 requires every local government entity participating in a joint self-insurance health and welfare benefit program to adopt such program by resolution. 8. Chapter 48.62 requires Health Care Program assets to be managed consistent with existing authority over use of municipal funds in RCW 35 .39 .030. The Trust will manage Health Care Program reserves in compliance with Chapter 48 .62 RCW, RCW 35.39.030 , and the Health Care Program Investment Policy. 9. All premium contributions for use in the Health Care Program are deposited into a designated account within the Trust, the Health Care Program Account (the "HCP Account"), and the HCP Account represents a pool of funds that is independent of all other Trust or AWC funds. 10. The Trust intends to manage the HCP Account assets in compliance with federal and state laws and the Interlocal Agreement. 11 . The City of Moses Lake believes it is in the best interest of the Health Care Program to allow the Trust to manage the HCP Account. RESOLVED: 1. The Interlocal Agreement creating the Health Care Program is hereby adopted. 2. By adopting such Agreement, the City of Moses Lake acknowledges that it shall be subject to assessments as required by the Health Care Program. Adopted by the City Council on September 10, 2013. ATTEST: Bill Ecert, Mayor w. Robert Taylor, Finance Director ASSOCIATION OF WASHINGTON CITIES EMPLOYEE BENEFIT TRUST HEALTH CARE PROGRAM INTERLOCAL AGREEMENT This Agreement is made and entered into in the State of Washington by and among the Association of Washington Cities Employee Benefit Trust (the "Trust") and cities and towns, and non-city entities organized and existing under the Constitution or laws of the State of Washington and who are members of the Trust ("Participating Cities and Towns," or "Participating Non-City Entities"), all of whom are signatories to this Agreement. RECITALS WHEREAS, the Trust is an entity to which contributions by Participating Cities and Towns and Non-City Entities (defined below) and Participating Employees (defined below) are paid and through which the Board of Trustees provides one or more insured health and welfare benefit plans or programs to Participating Employees, their covered dependents and other beneficiaries ("Beneficiaries"), on whose behalf the contributions were paid; and WHEREAS, the Trust qualifies as a voluntary employee beneficiary association within the meaning of Section 50 I (c)(9) of the Internal Revenue Code ("VEBA"), providing for the payment of life, sick, accident or other benefits to Beneficiaries; and WHEREAS, the Trust and the Participating Cities and Towns have determined that it is in the best interest of Participating Cities and Towns to jointly self-insure certain health benefit plans and programs for Beneficiaries through a designated account within the Trust, while at the same time having the Trust continue as the entity to which health and welfare benefit plan or program contributions are paid and through which insured health and welfare benefit plans and programs are provided to Beneficiaries; and WHEREAS, it appears economically feasible and practical for the parties to this Agreement (defined below) to do so; and WHEREAS, Chapter 48.62 RCW provides that two or more local government entities may, by Interlocal agreement under Chapter 39.34 RCW, jointly self-insure health benefit plans and programs, and/or jointly hire risk management services for such plans or programs by any one or more of certain specified methods; and WHEREAS, each local government entity that is a signatory hereto, as required by WAC 200-110-030, acts upon the authority of a resolution adopting this Agreement and the Health Care Program (defined below) created herein; NOW, THEREFORE, for and in consideration of all of the mutual benefits, covenants and agreements contained herein, the pal1ies hereto agree as follows: 74234347.60053 !38-00001 ARTICLE 1 DEFINITIONS The following are definitions of terms used in the Agreement. Unless indicated otherwise, other terms are defined where they are first used. Defined terms are capitalized when used in the defined context. 1.1 Agreement means this Interlocal Agreement entered into under the authority of Chapter 39.34 RCW and as required by RCW 48.62.031(2) between the Trust and Participating Employers. 1.2 Association of Washington Cities or A WC means the Association of Washington Cities, a not-for-profit membership association established pursuant to the laws of the state of Washington for the purpose of providing various services to and on behalf of its member cities. 1.3 Association of Washington Cities Employee Benefit Trust or the Trust means the trust and all property and money held by such entity, including all contract rights and records, established for the sole purpose of providing life, sick accident or other health and welfare benefits to Participating Employees, their covered dependents and other beneficiaries, and which is approved by the Internal Revenue Service as a VEBA. 1.4 Employee Benefits Advisory Committee or EBAC means the committee defined in Article V of the Trust Agreement that may be delegated responsibility by the Board of Trustees, including but not limited to: overseeing the operations of the Health Care Program, analyzing and developing annual premium levels and benefit coverage changes for recommendation to the Board of Trustees and performing other duties necessary to ensure that the needs of Participating Employers are met and the long-term financial health of the Health Care Program is maintained. 1.5 Health Care Program means the joint self-insurance program offering self-insured health benefit options through the HCP Account. 1.6 HCP Account means a designated account within the Trust and created by this Agreement, the Trust Agreement and Trust Health Care Program policies all under the authority of Chapter 48.62 RCW to provide self-insured health benefits to Participating Employees, their covered dependents and other beneficiaries and further described in Article 6. 1.7 Non-City Entity means any public agency, public corporation, intergovernmental agency or political subdivision, within the state of Washington that meets the requirements of Article IX, Section I (c)(ii) and (iii) of the Trust Agreement for participation in the Health Care Program. 1.8 Participating City means any city or town within the state of Washington that meets the requirements of Article IX, Section I (a) or Section I(b) of the Trust Agreement. 14234341.60053138-00001 2 1.9 Participating Employee means any individual employed by a Participating Employer and for whom the Participating Employer makes contributions to the Trust, and any individual who may have been so employed but is subsequently laid off, terminated, or retired. 1.10 Participating Employer means a Participating City or Non-City Entity that is also a party to this Agreement. 1.11 Resolution means the resolution adopted by each Participating City or Non-City Entity that authorizes the Health Care Program. 1.12 State Risk Manager or Risk Manager means the risk manager of the Risk Management Division within the Department of Enterprise Services. 1.13 Stop Loss Insurance or Reinsurance means a promise by an insurance company that it will cover losses of the Health Care Program over and above an agreed-upon individual or aggregated amount, which definition shall be modified by any changes to the definition of stop loss insurance in WAC 200-110-020. 1.14 Third-Party Administrator means the independent association, agency, entity or enterprise which, through a contractual agreement, provides one or more of the following ongoing services to the Health Care Program: pool management or administration services, claims administration services, risk management services, or services for the design, implementation, or termination of an individual or joint self-insurance program. 1.15 Trust Agreement means the Trust Agreement Governing the Trust amended and restated July 1,2013, and any subsequent amendments thereto. 1.16 Trustees or Board of Trustees means the followi ng individuals and their successors, who together, govern the Trust and the Health Care Program: 1.16.1 the A WC President and the A WC Vice President; 1.16.2 the EBAC Chair and the EBAC Vice Chair; and 1.16.3 an individual elected pursuant to the procedures in Article III, Section 5 of the Trust Agreement to serve as the trustee from one of the following regions: (a) North East Region (known as the "North East Region Trustee"); (b) North West Region (known as the "North West Region Trustee"); (c) South East Region (known as the "South East Region Trustee"); and (d) South West Region (known as the "South West Region Trustee"). Individuals from Non-City Entities are not eligible to serve as Trustees. 74234347.60053 138-00001 3 ARTICLE 2 PURPOSE This Agreement is entered into for the purpose of authorizing the Health Care Program created by the Trust to provide self-insured health benefits to Participating Employees, their covered dependents and other beneficiaries. The Health Care Program shall comply with the statutory provisions found in Chapters 48.62 and 39.34 RCW and the regulatory requirements contained in WAC 200-110 applicable to joint self-insurance programs. ARTICLE 3 PARTIES Each party to this Agreement certifies that it intends to participate in the Health Care Program. Participating Employers are signatories of this Agreement to become effective on a date to be mutually determined (the "Effective Date") and with such other Participating Cities and Non-City Entities as may later be added to and become signatories to this Agreement. ARTICLE 4 DURATION OF AGREEMENT 4.1 This Agreement shall become effective on the Effective Date. 4.2 This Agreement shall have perpetual duration unless terminated as hereinafter provided. ARTICLES MEMBERSHIP COMPOSITION The Health Care Program shall be open to Participating Cities and Non-City Entities. Participation in the Health Care Program is voluntary and not a requirement of A WC membership. The Board of Trustees shall provide for the reasonable admission of new Palticipating Cities and Non-City Entities. ARTICLE 6 HCPACCOUNT 6.1 All premium contributions by Participating Employers, Non-City Entities and Participating Employees for use in the Health Care Program are deposited into the HCP Account. 6.2 The HCP Account represents a pool of funds that is independent of all other Trust or A WC funds and independent of all other Participating Employer and Non-City Entity funds. The funds deposited into the Rep Account are held, managed and expended only for the Health Care Program and reasonable expenses, consistent with applicable state 74234347.6 0053138-00001 4 and federal statutes and rules governing joint self-insurance programs and self-insurance programs generally. 6.3 The HCP Account is subject to audit by the State Auditor's Office. ARTICLE 7 TRUSTEE POWERS RELATED TO HEALTH CARE PROGRAM The Board of Trustees is provided with the powers and functions established under RCW 48.62.031 to accomplish the following: 7.1 Promote the economical and efficient means by which health benefits coverage is made available to Participating Employers and Non-City Entities and provided to Participating Employees, their covered dependents and other beneficiaries; 7.2 Protect the financial integrity ofthe Health Care Program through purchase of Stop Loss Insurance or Reinsurance in such form and amount as needed; 7.3 Contract for or otherwise provide risk management and loss control services; 7.4 Contract for or otherwise provide legal counsel for the defense of claims and other legal services; 7.5 Consult with the state insurance commissioner and the State Risk Manager; 7.6 Obligate the Participating Employers and Non-City Entities to pledge revenues or contribute money to secure the obligations or pay the expenses of the Health Care Program, including the establishment of a reserve or fund for coverage; and 7.7 Exercise all other powers and perform all other functions reasonably necessary to carry out the purposes of the Health Care Program, Chapter 48.62 RCW and Chapter 200-110 WAC. ARTICLE 8 ORGANIZATION OF HEALTH CARE PROGRAM 8.1 The operations of the Health Care Program are managed by the Board of Trustees or its delegates. The Trustees or any delegates review and analyze Health Care Prograrn- related matters and make operational decisions regarding premium contributions, reserves, plan options and benefits in compliance with Chapter 48.62 RCW. 8.2 The Board of Trustees has decision authority consistent with the Trust Agreement, Health Care Program policies, Chapter 48.62 RCW and Chapter 200-110 WAC. 74234347.60053138-00001 5 ARTICLE 9 RESPONSIBILITIES OF THE TRUSTEES 9.1 The Board of Trustees shall discharge its responsibilities under this Agreement as follows : 9.1.1 Provide for the efficient management and operation of the Health Care Program; 9.1.2 Provide for health benefit coverage options for Participating Employees, their covered dependents and other beneficiaries; 9.1.3 Determine the level of Stop Loss Insurance or Reinsurance coverage for claims expenses above the amounts deemed appropriate for self-insurance; 9.1.4 Ensure that the Health Care Program meets required state and federal statutes and rules; 9.1.5 Contract with vendors required to meet the responsibilities established by the Trust Agreement, Health Care Program policies, and applicable state and federal statutes and rules; 9.1.6 Maintain the balance between meeting the Health Care Program needs of Participating Employers and the long-term financial integrity of the Health Care Program; 9.1.7 Prepare an annual financial report on the operations of the Health Care Program; and 9.1.8 Provide for other services deemed appropriate by the Board of Trustees to meet the purposes of this Agreement. 9.2 The Board of Trustees may delegate the responsibilities described in this Article 9 to the EBAC or other delegates at its complete discretion. ARTICLE 10 RESPONSIBILITIES OF THE PARTICIPATING EMPLOYERS In order to participate in the Health Care Program, Participating Employers shall: 10.1 Be a Participating City or Non-City Entity in good standing and comply with the requirements of admission or qualification as established by the Board of Trustees; 10.2 Adopt this Agreement by Resolution, agreeing to its terms and provisions; 10.3 Submit the Resolution and Agreement to the Trust; 74234347.600S3138·0000[ 6 10.4 Read the telms, conditions and representations set forth in the application agreement related to participation in the Health Care Program; 10.5 Designate an employee of the Participating Employer to be a contact person for all matters relating to the Participating Employer's participation in the Health Care Program; 10.6 Pay premiums for the Health Care Program to the Third-Party Administrator no later than the tenth day of the month in which the premium is due; 10.7 By formal action of the legislative body of the Participating Employer, approve policies and procedures necessary to secure protected health information ("PHI") in accordance with Chapter 70.02 RCW and the Health Insurance Portability and Accountability Act ("HIP AA") privacy and security rules, codified at 45 C.F.R. Parts 160-164; 10.8 Provide the Health Care Program with such information or assistance as is necessary for the Health Care Program to meet its responsibilities under this Agreement; and 10.9 Cooperate with and assist the Health Care Program and any insurer of Stop Loss Insurance or Reinsurance, in all matters relating to the administration and operation of the Health Care Program and all matters relating to this Agreement. 10.10 Comply with all bylaws, rules, regulations and policies adopted by the Board of Trustees relating to the Health Care Program. ARTICLE 11 RESERVE FUND INVESTMENT All reserve fund investments from the HCP Account shall be made in a manner that is consistent with RCW 48 .62.111, Chapter 39.59 RCW, WAC 200-110-090 and the Health Care Program Investment Policy. ARTICLE 12 FINANCIAL RECORDS 12.1 The Board of Trustees shall develop estimated revenue and expenditures to establish a budget for each fiscal year covering January 1 through December 31 annually. Actual Health Care Program revenues and expenditures shall be monitored monthly by the Board of Trustees and reported at its quarterly meetings. 12.2 The accounting records of the Health Care Program are maintained in accordance with methods prescribed by the State Auditor's office under the authority of Chapter 43.09 RCW. The Health Care Program also follows applicable accounting standards established by the Governmental Accounting Standards Board ("GASB"). Year-end financial reporting is done on an accrual basis and submitted to the Office of the State Auditor as required by Chapter 200-110 WAC. Once reviewed and approved by the 74234347.60053138·0000 I 7 Office of the State Auditor the year-end financial report is transmitted to the Office of the State Risk Manager. 12.3 Financial records of the Health Care Program shall be subject to audit by the Office of the State Auditor. Year-end financial reports and audit results shall be made available to interested parties. The Health Care Program shall provide financial information as required by state statute and rule to the Office of the State Risk Manager. ARTICLE 13 PARTICIPATING EMPLOYER TERMINATION AND WITHDRAWAL 13.1 A Participating Employer must remain in good standing with the Trust and adhere to the requirements of this Agreement. In the event that a Participating Employer fails to be a Participating City or Non-City Entity in good standing, participation in the Health Care Program shall automatically terminate without notice as shall all health and welfare benefits provided through the Health Care Program. 13.2 The Board of Trustees may take action to terminate membership or deny membership in the Health Care Program where it determines that such termination or denial is in the best interest of the Health Care Program 13.3 When a Participating Employer's eligibility in the Health Care Program is affected due to merger or annexation, the affected Participating Employer may petition the Board of Trustees to remain in the Health Care Program. 13.4 A Participating Employer may only withdraw its participation in the Health Care Program at the end of the calendar year and must provide written notice to the Trust at least thirty-one (31) days in advance of the end of the calendar year (December 31st). 13.5 In the event of withdrawal or non-renewal, the Health Care Program will cover any of the Participating Employer's remaining outstanding Health Care Program claims expenses incurred prior to the Participating Employer's withdrawal from or non-renewal in the Health Care Program. 13.6 No Participating Employer, because of withdrawal or any other reason, has any right or interest in the HCP Account because of its nature as a rate stabilization fund. In the event any Participating Employer withdraws from the Health Care Program, its Participating Employees, their covered dependents and other beneficiaries and any Consolidated Omnibus Budget Reconciliation Act of 1985 as amended (COBRA) participants and contract personnel and dependents approved by the Board of Trustees, shall forfeit all right and interest to the HCP Account. 74234347.60053138·00001 8 ARTICLE 14 TERMINATION OF HEALTH CARE PROGRAM 14.1 In the event the Health Care Program is terminated, the Board of Trustees shall distribute the remaining funds in the HCP Account to the Trust or any successor association authorized by Chapter 39.34 RCW for like purposes for use in any program with similar purposes. 14.2 Upon termination, this Agreement and the HCP Account shall continue for the purpose of paying remaining outstanding claims and expenses and fulfilling all other functions necessary to complete the business of the Health Care Program. ARTICLE 15 MEETINGS, NOTICES AND COMMUNICATIONS 15 .1 The Board of Trustees and the EBAC, if any responsibilities for Trust management have been delegated thereto, shall provide notice of their regular and special meetings and hold their meetings in accordance with Chapter 42.30, RCW Open Public Meetings Act. 15 .2 Communications with Participating Employers may occur using mail, email or posting on the Health Care Program website. The website shall be partitioned to provide information for the general public and infonnation specific to Participating Employers and their employees. 15.3 Communications may come directly from the Health Care Program, through the Third-Party Administrator or through another vendor on behalf of the Health Care Program. ARTICLE 16 AMENDMENTS TO INTERLOCALAGREEMENT 16.1 The Board of Trustees shall review and analyze any proposed amendment to this Agreement. An amendment may be proposed for review by any party to this Agreement. 16.2 The Board of Trustees upon its discretion may take action by resolution on any amendment at any regular meeting of the Board of Trustees. ARTICLE 17 PROHIBITION ON ASSIGNMENT 17.1 No Participating Employer may assign any right or claim of interest it may have under this Agreement. 74234347.60053138-00001 9 17.2 No creditor, assignee or third-party beneficiary of any employer shall have the right, claim or title to any party, share, interest, premium or asset of the Trust, HCP Account or the Health Care Program. ARTICLE 18 HEALTH CLAIM DISPUTES AND APPEALS In the event that a dispute arises over a health claim, the procedures, adjudication requirements and administrative remedies shall be found in the Health Care Program's plan document applicable to the Health Care Program covering the claimant. ARTICLE 19 PLAN ADMINISTRATION DISPUTES AND APPEALS 19 .1 In the event that a dispute arises between a Participating Employer and the Health Care Program, the Participating Employer shall document the circumstances causing the dispute and submit a written request for review of the disputed circumstances to the Board of Trustees. Upon review of such information, the Board of Trustees shall attempt to resolve the dispute. 19 .2 If the Board of Trustees' resolution to the dispute is deemed unsatisfactory, then alternative dispute resolution through mediation or binding arbitration may be necessary. ARTICLE 20 ENFORCEMENT OF TERMS OF AGREEMENT 20.1 The Board of Trustees may enforce the terms of this Agreement. 20.2 In the event legal action is initiated to enforce any term or provision of this Agreement against any present or previous Participating Employer, the prevailing party shall receive such reimbursement of costs as the court deems reasonable for attorneys' fees and costs related to the relevant legal action. ARTICLE 21 DEFAULT 21.1 If any Participating Employer fails to perform any term or condition of this Agreement and such failure continues for a period of sixty (60) days after the Board of Trustees has given the Participating Employer written notice describing such failure, the Participating Employer shall be considered in default. 21.2 Upon default, the Board of Trustees may immediately cancel the Participating Employer's participation in the Health Care Program without additional notice or exercise some other remedy otherwise provided by law. 74234347.60053138-00001 10 21.3 The rights and remedies of the Board of Trustees are cumulative in nature and pursuit of any particular remedy shall not be deemed an election of remedies or a waiver of any other remedies available hereunder or otherwise available by law. ARTICLE 22 NO WAIVERS No waiver or forbearance of a breach of any covenant, term, or condition of this Agreement shall be construed to be a waiver or forbearance of any other or subsequent breach of the same or of any other covenant, term or condition, and the acceptance of any performance hereunder, or the payment of any sum of money after the same has become due or at a time when any other default exists hereunder, shall not constitute a waiver or right to demand payment of all sums owing or a waiver of any other default then or thereafter existing. ARTICLE 23 CONTRACT MANAGEMENT The Health Care Program shall designate a person to whom the State Risk Manager shall forward legal process served upon the Risk Manager; The A WC Chief Executive Officer (designee or successor). The Health Care Program Director shall be responsible for and shall be the contact pe rso n for all communications regarding the performance of this Agreement. ARTICLE 24 SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. ARTICLE 25 COUNTERPART COPIES This Agreement may be signed in counterpart or duplicate copies and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. 74234347.60053138-00001 II ARTICLE 26 HEADINGS The Article and Section headings in this Agreement are inserted for convenience only and are not intended to be used in the interpretation of the contents ofthe Articles and Sections they introduce. ARTICLE 27 AGREEMENT COMPLETE This Agreement and the documents referenced herein contains all the terms and conditions agreed to by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the parties hereto. [Signature page follows) 74234347.60053138-00001 12 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement. Association of Washington Cities Employee Benefit Trust Signatur';J1~yi7L , Name: Michael A. McCarty Title: Chief Executive Officer Date: 4'O,"si 3 OJ d-Q13 Effective Date: January 1, 2014 74234347.60053138-00001 Participating Employer Signature: __________ _ Name (print): _________ _ Title: ___________ _ Date: __________ _ 13 August 26, 2013 TO: City Manager for Council Consideration FROM: Parks and Recreation Director SUBJECT: Donation of Funds from Nick Wallace of the Endeavour Soccer Academy Attached for Council approval is a resolution accepting a donation from Nick Wallace of the Endeavour Soccer Academy in the amount of $600.00. These monies are to be used by the Parks and Recreation Department to go towards the purchase of two 6'6" x 18' soccer goals to be installed at Dano Park. The Moses Lake Parks and Recreation Department would like to thank Nick Wallace and the Endeavour Soccer Academy for their donation and continued support of recreation programs and facilities for Moses Lake citizens and visitors. R'A==ruru~ Spencer Grigg Parks and Recreation Director Attachment: Resolution SG/ks RECITALS: RESOLUTION NO. __ _ A RESOLUTION ACCEPTING A CASH DONATION OF $600.00 FROM NICK WALLACE OF THE ENDEAVOUR SOCCER ACADEMY I. Nick Wallace of the Endeavour Soccer Academy has donated six hundred dollars ($600.00) to the City of Moses Lake to be used by the Parks and Recreation Department to purchase two (2) 6'6" x 18' soccer goals to be installed at Dano Park. RESOLVED: I. The $600.00 donation is accepted. 2. The City of Moses Lake wishes to express its sincere appreciation to Nick Wallace and the Endeavour Soccer Academy. Adopted by the City Council on _______ _ Bill Ecret, Mayor ATTEST: Robert Taylor, Finance Director September 4, 2013 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Resolution -Nuisance Abatement -Sicilia Attached is a resolution providing for the abatement of nuisances at 1351 E. Oasis Circle, owned by Joseph and Stacie Sicilia. 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 Community Development Director GAjt 1351 E OASIS CR COUNCIL AGENDA SITE LOTS LAKE CITY LIMITS UGA BOUNDARY RRROW MOSES LAKE CITY OF MOSES LAKE COMMUNITY DEVELOPMENT PLANNING DIVISION Date: 812312013 eMS RESOLUTION NO. A RESOLUTION DETERMINING THAT JOSEPH R. AND STACIE L SICILIA 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 1351 E. Oasis Circle (Lot 5, Lakeland Addition Division 1), Parcel 100720105, 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 Joseph R. and Stacie L Sicilia, 1351 E. Oasis Circle, Moses Lake, WA 98837. 2. Notice. On July 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 22, 2013, the Code Enforcement Officer caused to be delivered to Joseph Sicilia a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of September 10, 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 -8.14030 -Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing , discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. RESOLUTION NO. Page 2 September 10, 2013 4. Hearing. On September 10, 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 July 17, 2013 from the Code Enforcement Officer addressed to Joseph Sicilia, 1351 E. Oasis Circle, Moses Lake, WA 98837. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1351 E. Oasis Circle, Moses Lake, Washington EXHIBIT #4: Letter dated August 22 , 2013, from the Code Enforcement Officer to Joseph Sicilia advising the property owner of the hearing regarding abatement of property, scheduled for September 10, 2013. 1. A public nuisance in violation of MLMC 8.14.030 exists on the subject property at 1351 E. Oasis Circle, Moses Lake, Washington. Joseph R. and Stacie L. Sicilia, 1351 E. Oasis Circle, Moses Lake, WA 98837 are the record contract owners of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: 2.1. Weeds 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. Joseph R. and Stacie L. Sicilia , the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following : 4.1 Weeds and grasses must be cut down and/or removed from the site RESOLUTION NO. Page 3 September 10, 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 September 10, 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 properly 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 min imize 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. Proh ibit such storage wi thout 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 lumberyard, 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, cloth ing, rags or cloth ; straw, packing materials, cardboard or paper, tin cans, wire, bottles, glass, cans, barrels, bins, boxes, containers, ashes, plaster or cement; or wood. Th is determination shall not apply to conditions completely enclosed within a building or fencing so as not to be visible from public property. BB. The keeping , permitting or harboring of any fowl, pigeons, rabbits, hoofed or cloven footed animals, except for caged birds kept within a residence or business. 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. DO. 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 thereofthat 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 ( I ,. Y (I F HOSES LitKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Joseph Sicilia 1351 E Oasis Circle Moses Lake, WA 98837 NOTICE OF VIOLATION Provisions of the City of Moses Lake Code Violated: Moses Lake Municipal Code 8.14.030U Street Address of Violation: 1351 E Oasis Circle, Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: Lot 5 Lakeland Addition Division I 100720105 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 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, July, 27,2013 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 4 Fire 765·2204 Municipal Services 764-3783 t Municipal Cour1764-3701 t. Parks & Recreation 764-3805 ~ Police 764-3887 I! Fax 764-3739 401 S Balsam St. , P.O. Box 1579 , Moses Lake, WA 98837-0224 c www.cityofmLcom 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)(J)]. 2. If a penalty has been assessed pursuant to 1.20.050(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 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, July 17, 2013 Brett Hollen Code Enforcement City of Moses Lake 509-764-3748 Exhibit 2 Page 2 of2 .- • ~ -1t ~ :> ~ '?' ." .~ ~' •. ~-* ........ . ' , I Exhibit 3 Page 4 of4 J August, 22, 2013 Joseph Sicilia 1351 E Oasis Circle Moses Lake, WA 98837 C IT '( 0 f Hoses LAKe Re: Hearing to Permit City Abatement of Nuisance Property located at: 1351 E Oasis Circle, ParcellOOnOlO5, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail Joseph Sicilia 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 5 Lakeland Addition Division I. This property is located at: 1351 E Oasis Circle, ParcellOOnOl05, Moses Lake, WA 98837 On Wednesday, July 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 21 , 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, September 10, 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 bearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. Tms 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 5 Balsam 51.· P.O. Drawer 1579 · Moses Lake, WA 98837-0244· www.cityofml.com ,". : September 4,2013 TO: City Manager for Council Consideration FROM : Community Development Director SUBJECT: Resolution -Nuisance Abatement -Weber Attached is a resolution providing for the abatement of nuisances at 8692 Charles Road, owned by James Weber. 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. Gilbert Alvarado Community Development Director GA:jt °AN. N 18692 CHARLES PL NE l V/IICE. j \ ,----r_-r-_,---,--->C;H~RLES PL 350 III -COUNCIL AGENDA SITE LOTS LAKE r-----l.. ___ J CITY LIMITS UGA BOUNDARY RRROW -L ~ ." .. ' HOSES LAKE CITY OF MOSES LAKE COMMUNITY DEVELOPMENT PLANNING DIVISION Dale: 812311013 eMS RESOLUTION NO. A RESOLUTION DETERMINING THAT JAMES D. WEBER 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 8692 NE Charles Road (Lot 15, Block 1, Gateway Estates Division #2 Replat), Parcel #091510215, 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 James D. Weber, P. O. Box 502, Richland, WA 99352. 2. Notice. On July 10,2013, 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 22,2013, the Code Enforcement Officer caused to be delivered to James Weber a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of September 10,2013. 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 cond itions, 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 distu rbed. 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. RESOLUTION NO. Page 2 September 10, 2013 4. Hearing. On September 10, 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 July 10, 2013 from the Code Enforcement Officer addressed to James Weber, P. O. Box 502 Richland, WA 99352. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 8692 NE Charles Road, Moses Lake, Washington EXHIBIT #4: Letter dated August 22 , 2013, from the Code Enforcement Officer to James Weber advising the property owner of the hearing regarding abatement of property, scheduled for September 10, 2013. 1. A public nuisance in violation of MLMC 8.14.030 exists on the subject property at 8692 NE Charles Road , Moses Lake, Washington. James Weber, P. O. Box 502, Richland , WA 99352 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 tranqu ility of the residents of the City impacting the quality of life and diminishing property va lues . 4. James Weber, 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 September 10, 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 September 10, 2013. Bill J. Ecret, Mayor ATTEST: W. Robert Taylor, Finance Director 8.14030 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 publ ic 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 orempty 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- 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. DO. 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 wi ndows 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 , , CITY OJ HOSES L.AKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: James Weber PO Box 502 Richland, Wa. 99352-0502 NOTICE OF VIOLATION Provisions of the City of Moses Lake Code Violated: Moses Lake Municipal Co de 8.14.030U Street Address of Violation: 8692 NE Charles Rd, Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: Lot IS BLK I Gateway Estates Div # 2 Replat 091510215 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 the lot. 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, Juiy, 20, 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 t Fire 765-2204 Municipal Services 764-3783 ( Municipal Court 764-3701 ~ Parks & Recreation 764-3805 ~ Police 764 -3887' Fax 764-3739 401 S Balsam Sl. ' P.o. Box 1579 (. Moses Lake, WA 98837-0224 ~ V\lv.w.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. [1.20.050(E)(J)J. 2. Ifa penalty has been assessed pursuant to 1.20.050(E)(1), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (1 0) 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 IE ACTION, Dated this Wednesday, July 10,2013 Brett Hollen Code Enforcement City of Moses Lake 509-764-3748 Exhibit 2 Page 2 of2 August, 22, 2013 James Weber PO Box 502 Richland, Wa. 99352-0502 CITY Of HOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 8692 NE Charles Rd, Parcel 091510215, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail James Weber 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 15 BLK'I Gateway Estates Div # 2 Replat. This property is located at: 8692 NE Charles Rd, Parcel 091510215, Moses Lake, WA 98837 On Wednesday, July 10,2013 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 September 10,2013, 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, September 10,2013 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 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, 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 J 579 · Moses Lake, WA 98837-0244 · www.cityofml.com September 5, 2013 Honorable Mayor and Moses Lake City Council DearCouncilMembe~ -~-UiLY_SLU .. unuu C ITY Of MOSES LAKE The resolution establishing a Lodging Tax Advisory Committee and appointing members thereto stated that the City Council would review the membership of the Committee on an annual basis and make changes as appropriate. Original members of the Advisory Committee were appointed by the Council in September 1997. Current members of the Committee are Debbie Doran-Martinez, Moses Lake Chamber of Commerce and Tourism Commission, Brenda Teals, Allied Arts and Friends of the Adam East Museum and Art Center, and Tourism Commission, and Laura Suesserman. Currently one position on the Committee is vacant. Mayor Ecret is the Chairman. For your information, attached is a copy of Resolution #2065. Upon review, if the City Council desires, changes can be made. On the other hand, the City Council can confirm the membership as it stands . Respectfully submitted JKG:jt City Manager 764-3701 · City Attorney 764-3 703 · 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 Lalce, WA 98837-0244 · www.cit).ofml.com v v RESOLUTION NO. 2065 A RESOLUTiON ESTABLISHING A LODGING TAX ADVISORY COMMITTEE AND APPOINT- ING MEMBERS THERETO 1. The City of Moses Lake currently levies a lodging tax pursuant to Chapter 67.28 RCW. 2. The State Legislature has passed SSB 5867, enacted as Chapter 452, Laws of 1997, which modifies or repeals some previous lodging tax authority but also adds new lodging tax authori· ty. 3. SSB 5867 requires that, in cities with a population over 5,000, any new Imposition of a lodging tax enacted under Chapter 67.28 RCW be first submitted for consideration to a lodging tax advisory committee not less than 45 days in advance of final action on the lodging tax by the city. 4. SSB 5867 was effective on July 27, 1997. 5. SSB 5867 replaces the current lodging tax authority with a new statutory scheme. 6. To insure continued authorization for the imposition of the lodging tax it is deemed to be in the best interests of the city that a lodging tax advisory committee be created and that a proposal be submitted to this committee regarding continuation of the lodging tax. Resolved: 1. There is hereby created a City of Moses Lake Lodging Tax Advisory Committee to serve the functions prescribed in SSB 5867, which was enacted as Chapter 452, Laws of 1997. 2. The membership of the Lodging Tax Advisory Committee shall consist of five (5) members, ap- pointed by the City Council. One member shall be an elected offiCial of the city who shall serve as chair, two members shall be representatives of businesses required to collect the tax, and two members shall be persons involved in activities authorized 10 be funded by revenue received from the tax. The City Council will review the membership on an annual basis and make changes as appropriate. Vacancies on the committee shall be filled by the City Council. 3. The City Council shall submit to the Lodging Tax Advisory Committee, for its review and comment. proposals on: a. The imposition of a tax under SSB 5867. b. Any increase In the rate of such a tax. c. Repeal of an exemption from such a tax. d. A change in the use of the revenue received from such a tax. The City Council shall submit such a proposal to the Committee at least forty-five (45) days before taking final action on any such proposal. Comments by the Committee should include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism, and the extent to which the proposal will affect the long-range stability of the special fund created for the lodging tax revenues. Adopted by the City Council on September 23, 1997. Finance Director September 3, 2013 TO: FROM: City Manager for coun~~ideration Finance Director \~ SUBJECT: August Ambulance (Cash) Report Please find the attached Cash Ambulance Report for the month of August, 2013. AMBULANCE CASH OPERATION AUGUST Y-T-D REVENUE Collected on ALS/BLS/mileage $ 66,939.55 $ 1,080,451.08 Utility charge 74,305.51 597,773.91 State grant 1,208.00 Reimbursement from police 297.38 Reimbursement from police 1,448.01 Reimbursement from fire 92,405.18 total cash received from operations $ 141,542.44 $ 1,773,583.56 EXPENDITURE labor $ 153,106.91 $ 885,954.81 benfits 43,767.12 311,790.45 supplies 4,884.24 35,005.81 services/repairs 24,775.11 156,497.93 transfers 41,019.00 41,019.00 capital purchases 27,899.81 interest 4,211.92 5,726.82 transfers (now part of services above) 287,124.00 total expenditures $ 271,764.30 $ 1,751,018.63 Net income (loss) before G.F. contribution (130,221.86) 22,564.93 contribution from general fund 22,982.00 183,854.00 net income (loss) $ (107,239.86) $ 206,418.93 Cash position Sterling (106,450.23) US Bank 67,070.55 (39,379.68) change in cash from prior month (401,999.44) September 5, 2013 TO: FROM: City Manager for Council Consideration Community Development Director ~ SUBJECT: August Building Activity Report Please see the attached building activity report for the month of August 2013. Also included is the building activity for the 2013 year to date. The following are highlights of the attached report: I. 2. 3. 4. Building permits revenue generated for the month of August: Building permits revenue generated for the year to date: Building permits estimated valuation for the month of August: Building permits estimated valuation for the year to date: $23,240 $215,387 $1 ,141 ,413 $25,309,185 For the purpose of comparing August 2013 building activity numbers to August 2012 and August 2011 building activity numbers, the following 2012 and 2011 highlights are provided: 2012 5. 6. 7. 8. Building permits revenue generated for the month of August: Building permits revenue generated for the year to date: Building permits estimated valuation for the month of August: Building permits estimated valuation for the year to date: 2011 9. 10. II. 12. Building permits revenue generated for the month of August: Building permits revenue generated for the year to date: Building permits estimated valuation for the month of August: Building permits estimated valuation for the year to date: $80,089 $230,424 $14,088,891 $22,796,539 $16,396 $212,320 $2,739,110 $21 ,096,200 S~ptembcr 3, 2013 TO: Community Development Director FROM: Planning and Building Technician SUBJECT: August Building Activity RCpOl1 Attached is the August 2013 building pelmit statistics for your information. August 2012 and 2011 is attached for comparison. Please call me at Extension #3756 with any questions. cc: City Manager Building Official Municipal Services Director County Assessor File 'XBPRPT1 RUN BY: kwoodworth DESCRIPTION # OF PERMITS ISSUED 08/2013 CIT Y 0 F M 0 S E S L A K E B U I L DIN G D EPA R T MEN T ISSUED BUILDING PERMIT STATISTICS FROM: 08/01/2013 TO: 08/31/2013 # OF PERMITS ISSUED YTD 08/31/2013 PAGE: 1 DATE: TOE, SEP 3, 2013, 11:30 AM ESTIMATED VALUATION 08/2013 ESTIMATED VALUATION YTD 08/31/2013 ======:=:=::=======::====:::==========:==:=======::=====:===:=:::==::=::=:==:====:==============:=======:=====:===::=:=:====:===::: A434 RESIDENTIAL ADD AND ALT 4 23 27,874 284,359 A417 NONRESIDENTIAL ADD AND 4 31 5,600 465,124 C320 INDUSTRIAL 1 8 3,854 4,135,645 C323 HOSPITALS & INSTITUTION 0 1 0 442,000 C324 OFFICE, BANKS & PROFESS 0 2 0 250,000 C326 SCHOOLS & OTHER EDUCATI 0 2 0 7,896,096 C327 STORES & CUSTOMER SERVI 0 7 0 1,586,073 C328 OTHER NONRESIDENTIAL BU 1 1 17,581 17,581 C438 GARAGES & CARPORTS COMM 1 1 2,283 2,283 0102 DEMOLISH SPD ATTACHED 1 2 0 0 D324 DEMOLISH OFFICE,BANK,PR 1 1 0 0 D327 DEMOLISH STORES & CUSTO 0 1 0 0 D328 DEMOLISH OTHER NON-RESI 0 1 0 0 M329 STHUCTURES OTHER THAN B 8 61 11,250 587,188 M801 MECHANICAL COMMERCIAL 4 17 0 0 M802 MECHANICAL RESIDENTIAL 2 12 0 0 M901 PLUMBING COMMERICAL 4 8 0 0 M902 PLUMBING RESIDENTIAL 6 33 0 60 R101 SINGLE FAMILY-DETATCHED 0 11 0 11,599 R102 SINGLE-FAMILY ATTACHED 7 45 1,072,971 7,712,189 R104 THREE & FOUR FAMILY BUI 0 4 0 1,918,988 ==:========:===::===:===:====::======:=====::::=====:===:====:==========:=======::===:====:===:=====:====:====:==::=:===:=:===::=== PERMIT TOTALS: 44 272 1,141,413 25,309,185 'XBPRPT1" RUN BY: kwoodworth DESCRIPTION A434 RESIDENTIAL ADD AND ALT A437 NONRESIDENTIAL ADD AND C318 AMUSEMENT, SOCIAL & REC C320 INDUSTRIAL C321 PARKING GARAGES(BLDGS & C325 PUBLIC WORKS & UTILITIE C326 SCHOOLS & OTHER EDUCATI C327 STORES & CUSTOMER SERVI C328 OTHER NONRESIDENTIAL BU D324 DEMOLISH OFFICE,BANK,PR M329 STRUCTURES OTHER THAN B M801 MECHANICAL COMMERCIAL M801 MECHANICAL RESIDENTIAL M901 PLUMBING COMMERICAL M902 PLUMBING RESIDENTIAL R101 SINGLE FAMILY·DETATCHED R102 SINGLE·FAMILY ATTACHED R438 GARAGES & CARPORTS RESI # OF PERMITS ISSUED 08/2012 3 3 0 2 1 0 1 0 0 1 3 3 1 2 12 1 11 0 CIT Y 0 F M 0 S B S L A K E B U I L DIN G D EPA R T M B N T ISSUED BUILDING PERMIT STATISTICS FROM: 08/01/2012 TO: 08/31/2012 # OF PERMITS ISSUED YTD 08/31/2012 24 15 3 9 1 2 1 2 3 1 37 18 11 8 81 16 52 3 PAGE: 1 DATE: TUE, SEP 4, 2012, 10:11 AM ESTIMATED VALUATION 08/2012 21,150 410,000 0 6,054,000 5,315,208 0 73,030 0 0 0 28,000 0 0 0 0 0 2,187,503 0 ESTIMATED VALUATION YTD 08/31/2012 233,881 524,456 19,422 7,295,905 5,315,208 290,000 73,030 26,972 49,701 0 116,520 0 0 0 0 0 8,806,430 45,014 ====~==;==;=;;==;=========================================:=========:========:==============:====================================== PERMIT TOTALS: 54 287 14,088,891 22,796,539 'XBPRPTI RUN BY: <woodworth DESCRIPTION M34 RESIDENTIAL ADD AND ALT M37 NONRBSIDENTIAL ADD AND C319 CHURCRES & OTHER RBLIGI C320 INDUSTRIAL C324 OFFICE, BANKS & PROFESS C325 PUELIC WORKS & UTILITIE C327 STORES & CUSTOMER SERVI C328 OTHER NONRESIDENTIAL SU DI0l DEMOLISH SPD -DBTATCHE DI02 DBMOLISH SPD ATTACHED D325 DEMOLISH PUB WORKS, UTI M329 STRUCTURES OTHER THAN B M801 MECHANICAL COMMERCIAL M802 MECHANICAL RESIDENTIAL M901 PLUMBING .COMMERICAL M902 PLUMBING RESIDENTIAL RI01 SINGLB FAMILY-DETATCHED RI02 SINGLE-FAMILY ATTACHED R438 GARAGES & CARPORTS RESI # OF PERMITS ISSUED 08/2011 2 1 0 0 a 1 3 0 a 0 3 5 2 2 4 11 1 2 1 CIT Y 0 F M 0 S E S L A K E B U I L DIN G D B PAR T M B N T ISSUED BUILDING PERMIT STATISTICS FROM: 08/01/2011 TO: 08/31/2011 # OF PBRMITS ISSUED YTD 08/31/2011 20 18 2 8 1 1 4 2 1 1 3 46 13 9 II 37 10 35 6 PAGE: 1 DATE: FRI, SBP 2, 2011, 9:36 AM ESTIMATED VALUATION 08/2011 20,000 12,560 ° 0 a 1,500,000 755,483 0 0 0 a 4,100 a ° 0 0 0 438,667 8,300 ESTIMATED VALUATION YTD 08/ll/2011 117,681 384,591 440,000 9,006,188 343,204 1,500,000 1,472,543 584,475 0 0 0 382,417 0 0 0 1,300 2,997 6,728,489 132,315 ============================================================================================================::::::===:::=::=:::==== PSRMIT TOTALS : 38 230 2,739,110 21,096,200 ==========================================================================================================:===========:============ *XBPMTH2 CIT Y o F M 0 S E S LA K E PAGE: 1 BUILDING o EPA R T MEN T RUN BY: kwoodworth MONTHLY BUILDING PERMIT APPLICATIONS DATE: 09/03/2013 FROM: 08/01/2013 TO: 08/31/2013 =================================================================================================================================== PERMIT PERMIT ESTIMATED REVIEW-FEES STATE-FEES PERMIT FEES APPLICATION NUMBER TYPE VALUATION CHARGED CHARGED CHARGED DATE .. _--------------------------------------------------.------------_._-------------------------------------------------------------- 20130252 M901 .00 .00 20.00 08/01/2013 20130253 M801 .00 .00 44.50 08/01/2013 20130254 M802 .00 .0 0 44.50 08/01/2013 20130255 M901 .00 .00 154.00 08/02/2013 20130256 M902 .00 .00 27.00 08/05/2013 20130257 C320 3,854 67.43 4.50 103.75 08/05/2013 20130258 A437 .00 4.50 75.00 08/06/2013 20130259 M329 800 .00 4.50 39.15 08/06/2013 20130260 R102 221,300 1,094.24 4.50 1,916.95 08/06/2013 20130261 A434 22,974 240.33 4.50 369.75 08/07/2013 20130262 0324 .00 4.50 150.00 08/07/2013 20130263 M902 .00 .00 27.00 08/07/2013 20130264 M801 .00 .00 34.00 08/07/2013 20130265 M801 .00 .00 76.00 08/08/2013 20130266 M901 .00 .00 48.00 08/08/2013 20130267 M329 500 .00 4.50 30.00 08/08/2013 20130268 M329 2,400 .00 4.50 89.75 08/08/2013 20130269 M902 .00 .00 27.00 08/08/2013 20130270 M329 800 .00 4.50 39.15 08/08/2013 20130271 M329 37,000 337.31 4.50 518.95 08/13/2013 20130272 A434 .00 4.50 .00 08/13/2013 20130273 M801 .00 .00 65.50 08/06/2013 20130274 A434 .00 4.50 .00 08/04/2013 20130275 M329 2,500 .00 4.50 89.75 08/14/2013 20130276 M902 .00 .00 27.00 08/16/2013 20130277 M902 .00 .00 27.00 08/19/2013 20130278 M329 800 .00 4.50 39.15 08/19/2013 20130279 R102 185,258 150 .00 4.50 1,730.85 08/19/2013 20130280 A437 5,000 .00 4.50 117.75 08/19/2013 20130281 R102 149,710 832.16 4.50 1,503.25 08/20/2013 20130282 M802 .00 .00 44 .50 08/20/2013 20130283 R102 198,786 1,010.52 4.50 1,793.15 08/20/2013 20130284 M802 .00 .00 44.50 08/20/2013 20130285 M901 .00 .00 770.00 08/21/2013 20130286 R102 152,383 150 .00 4.50 1,Sll.05 08/22/2013 20130289 M901 .00 .00 115.00 08/23/2013 20130290 M901 .00 .00 42 .00 08/23/2013 20130291 M802 .00 .00 44 .50 08/26/2013 20130292 M329 .00 .00 1,200.00 08/26/2013 20130293 R102 172,390 915.88 4.50 1,637.05 08/26/2013 20130294 R102 185,258 150.00 4.50 1,730.85 08/28/2013 20130295 M902 .00 .00 27 .00 08/28/2013 20130296 R101 .00 .00 350.00 08/28/2013 20130297 Rl02 258,913 1,228.92 4.50 2,332.15 08/28/2013 'XBPMTH2 RUN BY: kwoodworth CIT Y 0 F M 0 S E S L A K E B U I L DIN G D EPA R T MEN T MONTHLY BUILDING PERMIT APPLICATIONS FROM: 08/01/2013 TO: 08/31/2013 PAGE: 2 DATE: 09/03/2013 =============================================================:=:===================:============:====:============================= PERMIT NUMBER REPORT TOTALS: PERMIT TYPE ESTIMATED VALUATION 1,600,626 REVIEW-FEES CHARGED 6,176.79 STATE-FEES CHARGED 99.00 PERMIT FEES CHARGED 19,076.45 APPLICATION DATE ================================:==========================:==========:=======================:============:==========:==========:= TOTAL FEES CHARGED: 25,352.24 t*t**ttttt***. __ * ••• _".'_* __ *_**** _______ _ 'XBPSTAT2 CIT Y o F M 0 S E S LA K E PAGE: 1 BUILDING DEPARTMENT RUN BY: kwoodworth APPLICATION STATUS DATE: 09/03/2013 FROM: 08/01/2013 TO: 08/31/20ll =================================================================================================================================== PERMIT PERMIT SERVICE APPLICATION ISSUE NUMBER TYPE ADDRESS DATE DATE ---------------------------------------------------------------------------------------------------------------------------- 20130252 M901 800 STRATFORD RD 08/01/2013 / / 20130253 M801 1328 HUNTER PL 08/01/2013 OS/01/2013 20130254 MS02 1211 ASHLEY WAY OS/01/2013 OS/01/2013 20130255 M901 SOO STRATFORD RD 08/02/2013 OS/05/2013 20130256 M902 110 LINDEN AVE 08/05/2013 08/05/2013 20130257 C320 3322 RD N NE OS/05/2013 08/14/2013 2013025S M37 402 ASH ST OS/06/2013 OS/06/2013 20130259 M329 141S PIONEER WAY 08/06/2013 OS/20/2013 20130260 R102 934 GARDEN DR 08/06/2013 / / 20130261 M34 311 NORTHSHORE DR OS/07/2013 08/15/2013 20130262 D324 940 BROADWAY AVE OS/07/2013 OS/07/2013 20130263 M902 2020 SPRUCE 5T OS/07/2013 OS/07/2013 20130264 MS01 III FIG ST OS/07/2013 08/07/2013 20130265 MS01 SOO STRATFORD RD 08/08/2013 08/23/2013 20130266 M901 530 VALLEY RD 08/08/2013 08/14/2013 20130267 M329 530 VALLEY RD 08/08/2013 08/20/2013 20130268 M329 2224 BROADWAY AVE 08/08/2013 08/29/2013 20130269 M902 631 CRESTVIEW DR 08/08/2013 08/08/2013 20130270 M329 933 STRATFORD RD 08/08/2013 08/20/2013 20130271 M329 800 STRATFORD RD 08/13/2013 / / 20130272 M34 531 BAYSIDE DR 08/13/2013 08/15/2013 20130273 M801 223 BROADWAY AVE 08/06/2013 08/13/2013 20130274 A434 1121 TOMMY DR 08/04/2013 08/13/2013 20130275 M329 3ll FIG 51 OS/14/2013 OS/20/2013 20110276 M902 2903 LAKESIDE DR 08/16/2013 08/16/2013 20130277 M902 821 MACKIN LN 08/19/20ll 08/19/2013 20ll027S M329 530 VALLEY RD 08/19/20ll OS/20/2013 20130279 R102 1323 DEBORAH ST 08/19/2013 08/22/2013 20130280 M37 416 WESTERN AVE 08/19/2013 08/28/20ll 20110281 R102 1300 MARINA DR 08/20/2013 / / 20130282 M802 305 KNOLLS VISTA DR 08/20/20ll 08/21/20ll 20110283 R102 4707 WARBLER ST 08/20/20ll 09/03/2013 20130284 M802 318 TANGLEWOOD DR 08/20/2013 / / 20130285 M901 7761 RANDCLPH RD N 08/21/2013 / / 20130286 R102 801 WILDER ST 08/22/2013 08/26/2013 20130289 M901 SOO STRATFORD RD 08/23/2013 08/23/2013 20130290 M901 7906 RANDCLPH RD 08/23/2013 08/23/2013 20130291 M802 1315 COLUMBIA DR 08/26/2013 / / 20110292 M329 1005 STRATFORD RD 08/26/20ll / / 20130293 R102 4720 TANAGER ST 08/26/2013 09/03/2013 20130294 R102 809 LAKELAND DR 08/28/2013 / / 20130295 M902 1702 MONROE 08/28/2013 OS/2S/2013 20110296 R101 4727 OWENS RD n 08/28/2013 / / 20130297 R102 1327 DEBORAH ST 08/2S/2013 / / 0OO-004_32210-000-10OO-0000-0C Build •• Struct. & Equip. 000-004-34583-000-1000-0000-0C Plan Checking Fees Total 000-004-32210·000-1OO0-0000-0C Build., Struct. & Equip. 000-004-34583·000-1000-0000·0C Plan Checking Fees Total 000-004_32210-00D-l000-0000_0C Build., Struct, & Equip, 000·004-34S83-ooD-l000-0000-0C Plan Checking Fees Total FileslSu;)ding Permit Check Building Permit Fees YTO January February March April M.y June 164.719.81 12,421.85 5,378.95 27,659.65 21,085.32 31,956.56 15,794.73 50,667.44 3,774.24 2,593.90 4,757.01 7,081.98 4,353.01 14,338.40 215,387.25 16,196.09 7,972.85 32,416.66 28,167.30 36,309.57 30,133,13 YTO January February March April M.y June 319,218.25 1,130.40 8,233.40 18,798.95 11,101,35 22,155.50 23.465.15 95,988,16 35.36 720.02 3,428.29 1,719.87 4,663.26 22,746.88 415,206.41 1,165,76 8,953.42 22,227.24 12,821,22 26,818.76 46,212.03 YTO January February March April M.y June 222,114.90 18,336.45 15,519.95 26,936.21 21,968.40 13,566.55 38,552.75 73,099.03 4.124.46 8,790.29 9.482.98 6,588.61 5,571.29 10,092.66 2013 July August September October 35,913.25 14,509.50 5,038.31 8,730.59 40,951.56 23,240.09 2012 July August September October 24,658.90 70.791.95 32,467.18 65.593.64 7,480.46 9.297.58 5,976.55 33,687.68 32,139.36 80,089.53 38,443,73 99,281.32 2011 July August September October 12,985.60 13,571.68 15.331.15 19,583.81 3,893.82 2,824.60 11,380.84 8,954.85 Nowmber November 29,309.75 4,779.80 34,089,55 November 9.674.10 1,394.63 December Budget 230,000.00 75,000.00 305,000.00 December Budget 11,512.08 275,000.00 1,452.41 85,000.00 12,964.49 360,000.00 December Budget Om (Under) .65,280.19 -24,332.56 -89,612,75 Ow, (Under) 44,218.25 10,988.16 55,206,41 Ow, (Under) 16,088.25 300,000.00 -77,885.10 0.00 80,000.00 -6,900.97 295,213.93 22,460.91 24,310.24 36,419.19 28,657.01 19,137.84 48,646.41 16,879,42 16,396.28 26,711.99 28,538.66 11,068.73 16,088.26 380.000.00 -84,786,07 913/201310:21 AM September 3, 2013 Honorable Mayor and Moses Lake City Council Dear Council Members CITY OF HOSES LAKE Attach ed is sales tax information for June 2013 sales which the City received on August 31, 2013. This report indicates the City received $460,309.61 . The $460,309.61 in receipts for A.ugust compares with August 2012 receipts of $432,420.11. Forthe year, the 2013 receipts are approximately 9% higher than the 2012 receipts for the same period . Also provided is the transient rental income report for income the City received on August 31, 2013. This report indicates August 2013 income (for June sales) of $49 ,135.32. This compares with $55,497.56 for the same period in 2012. For the year, transient rental income receipts are approximately 14% higher than the 2012 receipts for the same period. 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 August 29 , 2013 TO : City Manager FROM : Assistant Finance Director ~~ SUBJECT : Sales Tax Receipts Attached is the Sales Tax Receipts -Monthly Report for August , 2013. cc : Finance Director Parks & Recreation Director Sales Tax Receipts -Monthly Month Sales YTD Received Period 2009 2010 2011 2012 2013 Change Jan Nov 423,485,93 373,688,80 367,830,83 403,504,15 401,499,05 -0% Feb Dec 575,401 ,82 560,731.77 488,453,72 459,218,16 491,341,62 3% Mar Jan 363,518,70 276,352,86 324,247,20 331 ,644,01 373,707,66 6% Apr Feb 346,570,37 330,932,86 368,305,65 350,818,56 364,137,97 6% May Mar 425,086,28 402,951 ,97 456,738,86 405,657.25 475,345,89 8% June Apr 428,915.48 384,565,04 439,396.45 399,414,06 437,909,92 8% July May 421,462,37 380,216.47 431 ,750,56 419,629,64 478,822,77 9% Aug June 470,623.43 456,372.87 453,961 ,67 432,420,11 460,309,61 9% Sept July 409,860,53 407,935.17 411 ,796,14 407,813,31 Oct Aug 406,419,10 390,800.44 446,905,90 455,185,85 Nov Sept 447,607,52 438,011 ,36 411 ,689.43 422,198.39 Dec Oct 378,139,72 394,167.42 406,648.97 424,167,87 Totals 5097091 ,25 4796727,03 5007725,38 4911671 ,36 3483,074.49 August 27 , 2013 TO : City Manager FROM : Assistant Finance Director ~ SUBJECT: Transient Rental Income Report Attached are the Transient Rental Income reports for August , 2013 . cc: Finance Director Parks & Recreation Director TRANSIENT RENTAL INCOME -MONTHLY TOTAL RECEIVED MONTH SALES YTD RECEIVED PERIOD 2010 2011 2012 2013 Change JAN NOV 24,816.04 39,728.66 25,073.90 37,239.62 49% FEB DEC 20,136.24 25,155.98 26,277.18 19,145.26 10% MAR JAN 27,491 .94 30,274.86 28,091.94 32,692.16 12% APRIL FEB 27,550.16 35,015.70 22,286.68 22,967.86 10% MAY MAR 40,994.90 31 ,217.30 25,787.06 36,755.64 17% JUNE APRIL 37,657.72 43,150.52 35,334.86 38,830.04 15% JULY MAY 52,719.70 65,576.42 45,674.12 64,910.04 21% AUGUST JUNE 58,321 .18 57 ,975.95 55,497.56 49,135.32 14% SEPT JULY 62,545.06 55 ,399.42 53,987.68 OCT AUGUST 61 ,950.36 62,457.58 57,117.62 NOV SEPT 46,504.36 48,256.58 46,866.78 DEC OCT 30,765.44 37 ,670.80 34,675.70 TOTALS 491453.10 531 879.77 456671 .08 301 675.94