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09242013Brent Reese Jason Avila Jon Lane MOSES LAKE CITY COUNCIL Bill Ecret Mayor HOSES LAKE Joseph K. Gavinski City Manager David Curnel Karen Liebrecht Dick Deane Septem ber 24, 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. Dept of Ecology -Outstanding Performance Award -ML Wastewater Treatment Plant 5. CONSENT AGENDA A. Approval of Minutes -September 10, 2013 B. Approval of Bills and Checks Issued C. Polo Ridge #2 Preliminary Major Plat 6. COMMISSION APPOINTMENTS -None 7. CONSIDERATION OF BIDS AND QUOTES -None 8. PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS A. Communication -Health District Update -Jeff Ketchel, Administrator 9. ORDINANCES AND RESOLUTIONS A. Ordinance -Amend MLMC 2.46 Tourism Commission - 2 nd Reading B. Resolution -Accept Grant -WalMart Foundation C. Resolution -Nuisance Abatement Costs -2603 W. Texas -Hester D. Resolution -Nuisance Abatement -3793 Peninsula -Parker E. Resolution -Nuisance Abatement -601 W. Third Ave -Slyter F. Resolution -Nuisance Abatement -1903 Marina Dr. -Womboldt G. Resolution -Abandon Easement -Anderson 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 Se.-vices Dave Ruffin Spencer Grigg Tom Taylor Development Katherine L. Taylor Gary Harer Gilbert Alvarado Kenison Page 2 -Moses Lake City Council meeting, September 24, 2013 12. OTHER ITEMS FOR COUNCIL CONSIDERATION -None 13. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS 14. COUNCIL QUESTIONS AND COMMENTS 15. CITY MANAGER REPORTS AND COMMENTS A. Longview Tracts Sewer Updates B. Staff Reports 1. Investment Report Finance !\Iunicipal Police Chief Parks & Recreation Fire Chief Community City Attorney W. Robert Services Dave Ruffin Spencer Grigg Tom Taylor Development Katherine L. Taylor Gary Harer Gilbert Alvarado Kenison MOSES LAKE CITY COUNCIL September 10, 2013 Council Present: Bill Ecret, Dick Deane, Jon Lane, Karen Liebrecht, Jason Avila, and Brent Reese Absent: David Curnel The meeting was called to order at 7 p.m. by Mayor Ecret. PLEDGE OF ALLEGIANCE: Luke Manzo, high school student, led the Council in the pledge of allegiance. PRESENTATION AND AWARDS PROCLAMATION The proclamation declaring September 22 -28, 2013 as Moses Lake Wellness Week was read in its entirety. CONSENT AGENDA Minutes: The minutes of the August 27 meeting were presented for approval. Approval of Claims, Prepaid Claims, Checks, and Payroll: Vouchers audited and certified by the Finance Director as required by RCW 42.24.080, and those expense reimbursement claims, certified as required by RCW 42 .24.090, have been recorded on a listing which has been made available to the Council for approval and is retained for public inspection at the Civic Center. As of September 10, 2013 the Council does approve for payment claims in the amount of $1,617,846.31; prepaid claims in the amount of $11 ,566.89; claim checks in the amount of $669,865.29; and payroll in the amounts of $375,003.99 and $5,747.76. Stormwater Site B Project -2013 -Accept Work: Halme Construction completed work on the 2013 Stormwater Site B Project. The work should be accepted and the 60-day lien period entered into. 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 -None ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 18.20 -RESIDENTIAL ZONES - 2ND 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 only. Action Taken: Mr. Lane moved that the second reading of the ordinance be adopted, seconded by Mr. Avila, and passed unanimously. CITY COUNCIL MINUTES: 2 September 10, 2013 ORDINANCE -AMEND 2.46 -TOURISM COMMISSION -1ST READING An ordinance was presented which reduces the Tourism Commission from 7 to 5 members. The ordinance amending Chapter 2.46 of the Moses Lake Municipal Code entitled "Tourism Commission" was read by title only. Action Taken : Mr. Deane moved that the first reading of the ordinance be adopted, seconded by Mrs. Liebrecht, and passed unanimously. RESOLUTION -TRANSFER FUNDS A resolution was presented which transfers funds from the Water/Sewer Fund to the General Fund. This transfer is proposed because of a change in a previous practice with regard to the overhead rate changed the Water/Sewer Fund for services provided by the Engineering Division, the fact that the Water/Sewer Fund pays no property taxes to the General Fund which would not be the case if the water/sewer system were privately owned, and the authority exists in the statutes 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. The resolution authorizing the transfer of funds from the Water/Sewer Fund to the General Fund in 2013 and 2014 was read by title only. Joseph K. Gavinski, City Manager, explained the reasons for the transfer of funds. Action Taken: Mr. Reese moved that the resolution be adopted, seconded by Mr. Avila, and passed unanimously. RESOLUTION -AWC EMPLOYEE BENEFITS TRUST HEALTH CARE PROGRAM A resolution was presented which adopts the Association of Washington Cities Employee Benefit Trust's Health Care Program due to a change from a fully insured benefit program to a self insured model. Due to this change there will be no increase in costs for 2014. Action Taken: Mr. Avila moved that the resolution be adopted, seconded by Mr. Lane, and passed unanimously. RESOLUTION -ACCEPT DONATION -ENDEAVOUR SOCCER ACADEMY A resolution was presented which accepts a donation of $600 from the Endeavour Soccer Academy. The funds are to be used for two soccer goals at Dano Park. Action Taken: Dr. Curnel moved that the resolution be adopted, seconded by Mr. Lane, and passed unanimously. RESOLUTION -NUISANCE ABATEMENT -8692 CHARLES A resolution was presented which provides for the abatement of nuisances at 8692 Charles. The property is owned by James Weber. The 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 was read by title only. CITY COUNCIL MINUTES: 3 September 10, 2013 Rick Rodriguez, Code Enforcement Officer, was sworn in and provided testimony concerning th is issue. There was no other testimony. The hearing was closed. Action Taken: Mrs. Liebrecht moved that the resolution be adopted, seconded by Mr. Deane, and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION LODGING TAX ADVISORY COMMITTEE The membership of the Lodging Tax Advisory Committee is to be confirmed on a yearly basis. The current members include Debbie Doran-Martinez, Moses Lake Chamber of Commerce and Tourism Commission, Brenda Teals, Allied Arts, Friends of the Adarn East Museum and Art Center, and Tourism Commission, Laura Suesserman, and one vacant position. Mayor Ecret is the Chairman. Mayor Ecret mentioned that he has been contacted by someone interested in serving on this committee. Action Taken: Mr. Reese moved that the current members of the Lodging Tax Advisory Committee be confirmed, seconded by Mr. Avila, and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS COUNCIL QUESTIONS AND COMMENTS SIGNS Mayor Ecret suggested that some of the Liquor Control Board requirements be included in the City's sign regulations. Gilbert Alvarado, Community Development Director, mentioned that the City allows 32 square feet of temporary signage. The Liquor Control Board allows 11 square feet of signage to advertize liquor. If Council wishes to change the sign regulations, staff suggested that the 32 square feet of signage remain but that advertisement for liquor be limited to 11 square feet. There was some discussion and staff was directed to provide a proposed ordinance to amend the sign regulations. Mrs. Liebrecht wanted to know if something could be done to encourage people to remove their garage sale signs after the sale is over. Mr. Alvarado stated that some jurisdictions actually require that persons holding a garage sale fill out a form acknowledging that they understand the rules governing a garage sale and if the rules are violated the city can fine that person. There was some discussion and staff was directed to provide a proposed ordinance to amend the sign regulations. ' CITY COUNCIL MINUTES: 4 September 10, 2013 CITY MANAGER REPORTS AND COMMENTS AMBULANCE REPORT The cash report on the ambulance operations for the month of August was provided. BUILDING ACTIVITY REPORT The August building activity report was provided. SALES TAX/TRANSIENT RENTAL INCOME The City received $460,309.61 in sales tax and $49,135.32 in transient rental income in August. ITINERANT VENDORS Gilbert Alvarado, Community Development Director, gave the history of itinerant vendors in Moses Lake. SHORELINE MASTER PROGRAM Gilbert Alvarado, Community Development Director, mentioned that the City has been working on updates to the Shoreline Master Program for about 8 years and provided information on what is required and what has been done. ANNEXATION -SONICO Joseph K. Gavinski, City Manager, mentioned that the owners of property in the proposed Sonico annexation have been contacted by letter and the City has received no response as yet. A meeting was held with Titan and they were provided with a Petition for Annexation. BUDGET Joseph K. Gavinski, City Manager, reported that the 2013 budget is in good shape and no cuts to City departments will be made at this time. MARIJUANA Joseph K. Gavinski, City Manager pointed out that there are buffers required between marijuana sales establishments and such activities as school, parks, etc. A map was provided showing the areas that would be within the buffer area. He pointed out that the state is the entity that will issue the license to operate a retail sales outlet. The regular meeting was adjourned at 8:20 p.m. ATTEST Bill J. Ecret, Mayor W. Robert Taylor, Finance Director DATE 9/17/13 TIME 15:06:34 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 09/24/2013 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ;================================================================:===================================================== DATABAR 00007974 0000067458 1,379.95 CREDIT CARD FEES 000006745 8 967.61 CREDIT CARD FEES 0000067458 567.31 CREDIT CARD FEES 0000067458 189.12 CREDIT CARD FEES 0000067458 242.99 CREDIT CARD FEES ====================== TOTAL: 3,346.98 HOME DEPOT CREDIT SERVICES 00007824 0000067529 193.91 MISC SUPPLIES 0000067529 257.10 MISC SUPPLIES 0000067529 13.72 MISC SUPPLIES 0000067529 111. 32 MISC SUPPLIES 0000067529 10.80 MISC SUPPLIES 0000067529 194.36 MISC SUPPLIES 0000067529 68.50 MISC SUPPLIES 0000067529 21. 61 MISC SUPPLIES :=:=================== TOTAL: 871.32 LOWES 00003886 0000067453 314.28 MISC SUPPLIES 0000067453 24.86 MISC SUPPLIES 0000067453 55.02 MISC SUPPLIES 0000067453 197.15 MISC SUPPLIES 0000067453 14 .85 MISC SUPPLIES 0000067453 85.33 MISC SUPPLIES 0000067453 5.10 MISC SUPPLIES ====================== TOTAL: 696.59 PUD OF GRANT COUNTY 00001501 0000067526 741.22 ELECTRIC SERVICE DATE 9/17/13 TIME 15:06:34 NAME OF VENDOR Department CIT Y 0 F M 0 S E S TAB U L A T ION 0 F C L A I M S C 0 U N C I L M E E TIN G LA K E T 0 B E A P PRO V E 0 o F 09/24/2013 Expenditure Account PAGE 2 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase =====================================================:=======:========================================================= 0000067526 15.95 ELECTRIC SERVICE 0000067526 5,391.55 ELECTRIC SERVICE 0000067526 998.99 ELECTRIC SERVICE 0000067526 1,087.21 ELECTRIC SERVICE 0000067526 68.37 ELECTRIC SERVICE 0000067526 1,700 .57 ELECTRIC SERVICE 0000067526 18.90 ELECTRIC SERVICE 0000067526 628.73 ELECTRIC SERVICE 0000067526 130.24 ELECTRIC SERVICE 0000067526 16.24 ELECTRIC SERVICE 0000067526 61. 86 ELECTRIC SERVICE 0000067526 21.02 ELECTRIC SERVICE 0000067526 755.36 ELECTRIC SERVICE 0000067526 143.48 ELECTRIC SERVICE 0000067526 736.41 ELECTRIC SERVICE 0000067526 41,091.41 ELECTRIC SERVICE 0000067526 11,827.80 ELECTRIC SERVICE 0000067526 90.55 ELECTRIC SERVICE 0000067526 2,060.20 ELECTRIC SERVICE 0000067526 593.13 ELECTRIC SERVICE 0000067526 1,250.48 ELECTRIC SERVICE 0000067526 874.77 ELECTRIC SERVICE ====================== TOTAL: 70,304.44 STERLING SAVINGS BANK 00007077 0000067416 10.79 T & S/SUPPLIES 0000067416 -54.32 T & S/SUPPLIES DATE 9/17/13 TIME 15:06:34 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 09/24/2013 Expenditure Account PAGE 3 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amcunt Purpose of Purchase ==================================================================================================================:==== STERLING SAVINGS BANK 00007077 0000067416 0000067415 0000067415 0000067415 0000067445 0000067461 0000067415 0000067430 0000067461 0000067461 0000067461 0000067461 0000067461 0000067461 0000067461 0000067461 0000067461 0000067461 0000067461 0000067461 0000067461 0000067461 0000067461 280.34 T & S/SUPPLIES 31.13 WELLNESS, SUPPLIES, REGISTRATI 125.00 WELLNESS, SUPPLIES, REGISTRATI 295.00 WELLNESS, SUPPLIES, REGISTRATI 76.76 MISC SUPPLIES/MAINT 651.20 SUPPLIES!MAC/TRAVEL/WELLNESS 172.60 WELLNESS, SUPPLIES, REGISTRATI 49.70 TRAVEL EXPENSE & SUPPLIES 114.13 SUPPLIES!MAC!TRAVEL/WELLNESS 38.78 SUPPLIES/MAC!TRAVEL/WELLNESS 18.70 SUPPLIES!MAC!TRAVEL/WELLNESS 150.00 SUPPLIES!MAC!TRAVEL/WELLNESS 16.37 SUPPLIES!MAC!TRAVEL/WELLNESS 98.00 SUPPLIES!MAC!TRAVEL!WELLNESS 16.17 SUPPLIES!MAC!TRAVEL/WELLNESS 776.50 SUPPLIES/MAC/TRAVEL/WELLNESS 29.42 SUPPLIES/MAC!TRAVEL/WELLNESS 56.06 SUPPLIES/MAC!TRAVEL!WELLNESS 79.25 SUPPLIES/MAC!TRAVEL!WELLNESS 174 .23 SUPPLIES!MAC!TRAVEL!WELLNESS 164 .65 SUPPLIES/MAC!TRAVEL!WELLNESS 647.70 SUPPLIES/MAC!TRAVEL!WELLNESS 277.24 SUPPLIES!MAC!TRAVEL!WELLNESS DATE 9/17/13 PAGE 4 TIME 15:06:34 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 09/24/2013 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase =:========================================================================:============:=============================== STERLING SAVINGS BANK 00007077 0000067461 67.20 SUPPLIES/MAC/TRAVEL/WELLNESS 0000067461 7.19 SUPPLIES/MAC/TRAVEL/WELLNESS 0000067461 181.47 SUPPLIES/MAC/TRAVEL/WELLNESS 0000067438 150.49 MISCELLANEOUS 0000067438 1,088.92 MISCELLANEOUS 0000067438 1,164.05 MISCELLANEOUS 0000067419 9.46 MISC SUPPLIES 0000067508 379.13 MISC SUPPLIBS/T & S 0000067419 518.84 MISC SUPPLIES 0000067445 23.94 MISC SUPPLIES/MAINT 0000067461 561. 04 SUPPLIES/MAC/TRAVEL/WELLNESS 0000067461 241. 90 SUPPLIES/MAC/TRAVEL/WELLNESS 0000067461 264.32 SUPPLIBS/MAC/TRAVEL/WELLNESS 0000067461 553.79 SUPPLIES/MAC/TRAVEL/WELLNESS 0000067430 610 .19 TRAVEL EXPENSE & SUPPLIES 0000067508 13 .82 MISC SUPPLIES/T & S 0000067508 70.12 MISC SUPPLIES/T & S 0000067430 19.72 TRAVEL EXPENSE & SUPPLIES 0000067430 177.99 TRAVEL EXPENSE & SUPPLIES 0000067445 89.54 MISC SUPPLIES/MAINT 0000067445 676.50 MISC SUPPLIES/MAINT 0000067445 199.00 MISC SUPPLIES/MAINT DATE 9/17/13 TIME 15:06:34 NAME OF VENDOR Department e I T Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F e L A I M S e 0 U N e I L M E E TIN G T 0 B E A P PRO V E 0 o F 09/24/2013 Expenditure Account PAGE 5 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ===~=================================================================================================================== 0000067508 0000067508 0000067508 TOTAL: REPORT TOTAL: 215.69 29.05 229.35 11,838.11 87,057.44 MIse SUPPLIES/T & S MIse SUPPLIES/T & S MIse SUPPLIES/T & S DATE TUE, SEP 17, 2013, 3:06 PM TIME 15:06:36 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 09/24 /2013 TOTALS BY FUND FUND 00 0 102 103 114 116 410 490 493 495 498 517 519 528 FUND NAME GENERAl FUND TOURISM ACTIVITIES GRANTS AND DONATIONS PATHS & TRAILS STREET WATER/SEWER SANITATION FUND STORM WATER AIRPORT AMBULANCE SERVICE FUND CENTRAL SERVICES EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW. VEND NO. P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID AMOUNT 20,326.17 561.04 1,115.03 610.19 879.89 55,659.18 567.31 386.83 90.55 242.99 965.04 244.74 5,408.48 87,057.44 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 AKE APPROVED , AS NOTED, FOR PAYMENT • • IN THE AMOUNT OF $8 7,057 .44 THIS 24TH DAY OF SEPTEMBER, 2013 • • * • • COUNCIL MEMBER • * • • COUNCIL MEMBER • • COUNCIL MEMBER FINANCE DIRECTOR * • • • • * * * • • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I DATE 9/20/13 TIME 10:04:01 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 09/24/2013 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 2M COMPANY INC 00004450 A M HARDWARE COMPANY INC 00007473 AM READYMIX INC 00000027 AG WEST DISTRIBUTING CO INC 00006842 AIREFCO INC 00005311 AQUATIC SPECIALTY SERVICES 00007861 ATCO INTERNATIONAL 00006404 BAINBRIDGE ASSOCIATES INC 00003514 BANK OF NEW YORK MELLON 00005075 BASIN LOCK & SECURITY 00003714 BATTERY SYSTEMS 00004673 0000066961 804.07 ====================== TOTAL: 0000067504 0000067504 804.07 559.73 524.67 ====================== TOTAL : 0000067467 TOTAL: 0000067431 0000067465 1,084.40 440.79 440.79 9.17 11.28 :===============:===== TOTAL: 20 .45 0000067468 6.48 ====================== TOTAL: 6.48 0000067519 11,639.18 ====================== TOTAL: 11,639.18 0000067466 73.90 ====================== TOTAL: 73.90 0000067469 2,636 .21 ====================== TOTAL: 0000067455 0000067455 TOTAL: 0000067441 0000067473 2,636.21 300.00 301. 75 601. 75 97.10 26.71 ============:========= TOTAL: 123.81 MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES CONCRETE PVC HOSE GAUGE LIQ FILLED SERVICE CBARGE PULSAR BRIQUETTES GLOVES FLOW METER ADMIN FEES/BONDS ADMIN FEES/BONDS LRC ALARM SERVICE CALL/BATTERY SAMPLE STATION KEYS DATE 9/20/13 TIME 10:04:01 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 09/24/2013 Expenditure Account PAGE 2 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= BILLS BODY & PAINT SHOP 00003872 BLUMENTHAL UNIFORM CO INC 00000133 BOUND TREE MEDICAL LLC 00006022 BROTHERS IN BAITLE LLC 00004839 BUD CLARY FORD 00006454 CASCADE ANALYTICAL INC 00005014 CASCADE FIRE CORPORATION 00003644 CASCADE NATURAL GAS CORP 00000203 CEDAR STREET CLEANERS 00004655 0000067 451 0000067471 12.80 83.80 ====================== TOTAL : 96.60 0000067355 3,943.60 ====================== TOTAL: 3,943.60 0000067464 679.27 =============:======== TOTAL: 619.27 0000067418 943.15 ====================== TOTAL: 943.15 0000061442 2,215 .00 ====================== TOTAL: 2,215.00 0000061410 890.82 ====================== TOTAL: 0000061481 0000067481 890.82 286 .00 2,925.00 :========:============ TOTAL: 3,211 .00 0000067421 431. 81 ====================== TOTAL: 431. 81 0000067517 5,135.48 0000067511 10.60 0000061530 69.7J 0000061530 13.72 ====================== TOTAL: 000006143 5 0000067429 5,229.53 105.10 2.10 BAITERIES BA'ITERIES REPAIR PICKUP -EQUIP 194 UNIFORMS AMBULANCE SUPPLIES REGIS/CLASS REPLACE VACUDM PUMP SAMPLE TESTING SAMPLE TESTING WILDLAND SHIRTS SNS/LRC GAS USAGE SNS/LRC GAS USAGE NAT GAS SERVICE NAT GAS SERVICE UNIFORM MAINTENANCE UNIFORM MAINT DATE 9/20/13 TIME 10:04:01 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 09/24/2013 Expenditure Account PAGE 3 XAPPRVD NA11E OF VENDOR Department VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= ==:=================== TOTAL: 708.40 CENTRAL MACHINERY SALES INC 00002779 0000067479 17.03 MISC SUPPLIES 0000067479 730.15 MISC SUPPLIES 0000067479 647.33 MISC SUPPLIES 0000067479 170.08 MISC SUPPLIES ======:======:=:====== TOTAL: 1,564.59 CENTRAL MANUFACTURING INC 00005478 0000067476 259.13 HOT MIX ASPMALT ====================== TOTAL: 259.13 CENTRAL WASHINGTON CONCRETE 00003603 0000067475 131.11 REPLACE SIDEWALK ====================== TOTAL: 131.11 CHASE PAYMENTECH-EFT 00004046 0000067457 1,026.77 CREDIT CARO FEES 0000067457 719.96 CREDIT CARO FEES 0000067457 422.12 CREDIT CARO FEES 0000067457 140.71 CREDIT CARO FEES 0000067457 180.80 CREDIT CARO FEES =============:======== TOTAL: 2,490 .36 CHS INC 00000249 0000067477 31,877 .66 FUEL FOR VEHICLES ============:========= TOTAL: 31,877.66 CITY OF MOSES LAKE 00008201 0000067522 303.04 WATER SERVICE 0000067522 291.64 WATER SERVICE 0000067522 999.80 WATER SERVICE 0000067522 8,272.33 WATER SERVICE 0000067522 1,236.89 WATER SERVICE 0000067522 2,204.76 WATER SERVICE DATE 9/20/13 TIME 10:04:01 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 09/24/2013 Expenditure Account PAGE 4 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ====================================================================================================================:== 0000067522 213.52 WATER SERVICE 0000067522 396.52 WATER SERVICE 0000067522 4,324.86 WATER SERVICE 0000067522 169.08 WATER SERVICE 0000067522 501. 84 WATER SERVICE 0000067522 J77.83 WATER SERVICE 0000067522 1,984.64 WATER SERVICE 0000067542 836.29 WATER SERVICE 0000067522 105.52 WATER SERVICE 0000067522 40 .01 WATER SERVICE 0000067542 718.75 WATER SERVICE 0000067522 5,943.17 WATER SERVICE 0000067522 2,867.23 WATER SERVICE 0000067522 91. 43 WATER SERVICE 0000067542 5,367.86 WATER SERVICE ====================== TOTAL: 37,247.01 00008106 0000067521 2,455.66 RETAIN PE 4 POW LIFT STATN 13 =========:============ TOTAL: 2,455.66 00008201 0000067522 1,630.80 WATER SERVICE 0000067522 557.41 WATER SERVICE 0000067522 286.31 WATER SERVICE 0000067522 925.13 WATER SERVICE 0000067522 409.24 WATER SERVICE 0000067542 229.08 WATER SERVICE DATE 9/20/13 TIME 10:04:01 CIT Y 0 F M 0 S E S L A K E PAGE 5 XAPPRVD 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 09/24/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase =======================================================:==:=:===:====================================================== CITY OF MOSES LAKE 00008201 0000067522 328.05 WATER SERVICE 0000067522 1,022.69 WATER SERVICE 0000067522 94.29 WATER SERVICE 0000067522 94.29 WATER SERVICE ====================== TOTAL: 5,577.29 00008106 0000067525 2.70 RETAIN-KONE-ELEVATOR 0000067525 17.54 RETAIN-KONE-ELEVATOR ====================== TOTAL: 20.24 COLUMBIA BASIN DAILY HERALD 00000210 0000067443 299.74 PUBLICATIONS 0000067406 228.10 RECREATION ADVERTISING 0000067406 228.10 RECREATION ADVERTISING 0000067434 80.00 ADVERTISING 0000067425 40.00 PUBLICATIONS ====================== TOTAL: 875.94 COMMERCIAL TIRE 00005968 0000067478 417.18 NEW TIRES 0000067478 638.93 NEW TIRES ====================== TOTAL: 1,056.11 CONSOLIDATED ELECTRIC DIST 00000819 0000067365 30.52 MISC SUPPLIES 0000067480 26.56 MISC SUPPLIES 0000067480 175.18 MISC SUPPLIES 0000067480 15.54 MISC SUPPLIES ====================== TOTAL : 247.80 DB SECURE SHRED 00003144 0000067452 6.88 RECORDS DESTRUCTION 00000674 52 6.89 RECORDS DESTRUCTION DATE 9/20/13 TIME 10:04:01 NAME OF VENDOR Department CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S C 0 U N C I L M E E TIN G T 0 B E A P PRO V E D o F 09/24/2013 Expenditure Account PAGE 6 XAPPRVO VENDOR NO Object Description P,O, Number P,O. Amount Purpose of Purchase ======================================================================================================================= DEAN HALLATT 00006033 DEPT OF ECOLOGY 00003221 DESERT GREEN TURF 00007180 DON GARRISON 00002768 EASTERN CASCADE DIST 00006909 FABER INDUSTRIAL SUPPLY 00000501 FABTENAL COMPANY 00007372 FERRELLGAS 00002207 FOOD SERVICES OF AMERICA 00007168 0000067452 13.78 RECORDS DESTRUCTION ====================== TOTAL: 27 .55 0000067440 160.00 REGISTRATION ===========:=====:==== TOTAL: 160.00 0000067482 4,867.77 BIOSOLIDS PERMIT TOTAL: 4,867.77 0000067543 1,622.69 SOD TOTAL: 1,622.69 0000067536 131.10 PREse CO-PAY ====================== TOTAL : 0000067462 TOTAL: 0000067370 0000067486 TOTAL: 0000067485 0000067485 0000067485 TOTAL: 0000067484 0000067484 TOTAL: 0000067404 0000067404 131.10 36.50 DRINKING WATER 36,50 13 ,84 93.84 107,68 MISC SUPPLIES PIPE WRENCH 1,418.93 MISC SUPPLIES 189.54 MISe SUPPLIES 9.66 MISC SUPPLIES 1,618,13 19.28 107.90 127.18 PROPANE, TANK RENTAL PROPANE, TANK RENTAL 2,556.53 LARSON/SNS RESALE 186.97 LARSON/SNS RESALE DATE 9/20/13 TIME 10:04:01 LA K E PAGE 7 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 09/24/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= TOTAL: 2,743.50 FREDERICK HAYNES 00000730 0000067538 212.40 PRESC CO-PAY :=====:=============== TOTAL: 212.40 GARRY OTTMAR 00004434 0000067474 90.00 MISC DUMPING ====================== TOTAL: 90.00 GIBSONS NURSERY & LANDSCAPE 00005489 0000067513 841.45 SHRUBS/TREES FOR PARKS 0000067513 122.28 SHRUBS/TREES FOR PARKS 0000067513 206.53 SHRUBS/TREES FOR PARKS ====================== TOTAL: 1,170.26 GRAINGER PARTS OPERATIONS 00002755 0000067487 71.15 MISC SUPPLIES 0000067487 59.82 MISC SUPPLIES 0000067487 212.69 MISC SUPPLIES 0000067487 70.31 MISC SUPPLIES 0000067487 29.91 MISC SUPPLIES 0000067487 64.74 MISC SUPPLIES 0000067487 59.05 MISC SUPPLIES 0000067487 159.06 MISC SUPPLIES 0000067487 54.15 MISC SUPPLIES ====================== TOTAL: 780.88 GRANT CO SOLID WASTE DEPT 00000640 0000067447 17,804.40 LANDFILL CHARGES ====================== TOTAL : 17,804.40 GRANT COUNTY ECON DEV COUNCIL 00005738 0000067540 18.00 LUNCHEON/DEANE ====================== TOTAL: 18.00 HELENA CHEMICAL COMPANY 00006809 0000067514 2,166.25 WEEDMASTER/MILESTONE/D-TOX DATE 9/20/13 PAGE 8 TIME 10: 04: 01 XAPPRVD NAME OF VENDCR Department CIT Y 0 F M 0 S E S L A K E T AB U L A T ION 0 F C L A I M S T 0 B E A P P RO V E D C 0 U N C I L M E E TIN G 0 F 09/24/2013 VENDeR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= HELENA CHEMICAL COMPANY 00006809 HI LINE INC 00006008 IBS INC 00004860 ITEC INC 00004111 ITRON 00006106 JAMES A HAMILTCN 00000714 JERRYS AUTO SUPPLY 00005835 JILLIAN NOLTON 00007856 JIMS LOCK SERVICE 00004244 KONE INC 00006438 0000067514 0000067514 0000067514 TCTAL: 0000067488 TOTAL: 0000067490 TOTAL: 0000067489 TOTAL: 0000067533 0000067533 161.85 WEEDMASTER/MILESTONE/D-TOX 202.31 WEEDMASTER/MILESTONE/D-TOX 200.93 WEEDMASTER/MILESTONE/D-TOX 2,731.34 389.30 MISC STOCK SUPPLIES 389 .30 482.37 MISC STOCK SUPPLIES 482.37 251.41 MISC SUPPLIES 251. 41 680.69 METER READ SYS MAINT 759.78 METER READ SYS MAINT =================:==== TDTAL: 1,440.47 0000067535 377.02 PRESC, MEDICAL CO-PAY =================:==== TDTAL: 0000067528 0000067422 0000067492 377.02 1,747.17 CHAINSAWS /OIL 77.42 CHAIN SAW OIL, WASH 236.88 MISC SUPPLIES ====================== TOTAL: 2,061.47 0000066088 100.00 MAC PRESENTER PAY TDTAL: 100.00 0000067491 172.84 KEYS ====================== TDTAL : 172.84 0000067524 51. 25 MAINT CONTRACT PYMT DATE 9/20/13 TIME 10,04,01 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 09/24/2013 Expenditure Account PAGE 9 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ===============================================================:======================================================= 0000067524 333.13 MAINT CONTRACT PYMT =====================: TOTAL, 384 .38 KONICA MINOLTA BUSINESS SOL 00007194 0000067450 112.06 MAINT AGREEMENT ====================== TOTAL , 112.06 LEI R A 00005227 0000067436 150.00 REGISTRATION ====================== TOTAL, 150.00 LAKE BOWL 00001109 0000067414 44.24 0000067400 392.00 BOWLING CAMP =================:==== TOTAL, 436.24 LES SCHWAB TIRE CENTER 00003519 0000067493 37.56 FLAT REPAIR =====================: TOTAL, 37.56 MERCHANT SOLUTIONS -EFT 000 05882 0000067454 142.53 CREDIT CARD FEES 0000067454 112.32 CREDIT CARD FEES 0000067454 83.01 CREDIT CARD FEES 0000067454 1,714.45 CREDIT CARD FEES 0000067454 225.26 CREDIT CARD FEES 0000067454 23.06 CREDIT CARD FEES 0000067454 24.35 CREDIT CARD FEES 0000067454 14.44 CREDIT CARD FEES 0000067454 10.68 CREDIT CARD FEES 0000067454 7.49 CREDIT CARD FEES 0000067454 4.39 CREDIT CARD FEES 0000067454 1. 46 CREDIT CARD FEES 0000067454 1.88 CREDIT CARD FEES ====================== TOTAL, 2,365.32 DATE 9/20 /13 TIME 10,04,01 L A K E PAGE 10 XAFPRVD 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 /24 /2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= MICHAEL COYNE 00006816 MICROFLEK INC 00005896 MOSES LAKE RENTAL 00003550 MOSES LAKE STEEL SUPPLY 00001268 MOSES LAKE UPHOLSTERY 00001211 N WPM A 00006381 NORCO ENTERPRISES INC 00006590 NORTH CENTRAL LABORATORIES 00005653 NORTHSTAR CHEMICAL INC 00006113 NORTHWEST HOSE & FITTINGS 00001302 OU PRESS DISTRIBUTION CENTER 00006745 0000067537 233.58 ====================== TOTAL: 0000067532 0000067532 2JJ .58 1,001.70 112.75 ====================== TOTAL : 1,114.45 0000067516 22.44 TOTAL: 22 .44 0000067368 33.65 TOTAL: 33.65 0000067424 77.69 ====================== TOTAL: 77 .69 0000067170 550.00 ====================== TOTAL: 0000067408 0000067408 0000067494 0000067428 550.00 10.35 49.38 15.38 352.80 ====================== TOTAL, 427.91 0000067495 1,127.83 ====================== TOTAL: 1,127.83 0000067497 2,249.74 ====================== TOTAL, 2,249.74 0000067496 18.27 ====================== TOTAL: 18.27 PRESC CO-PAY TAX AUDIT PROGRAM TAX AUDIT PROGRAM THATCHER RENTAL MISC SUPPLIES HOSE STRAPS CONFERENCE REGISTRATION CYLINDER RENTAL/COMPRESSED GAS CYLINDER RENTAL/COMPRESSED GAS GLOVES MEDICAL OXYGEN TESTING SUPPLIES SODIUM HYPO MISC SUPPLIES DATE 9/20/13 TIME 10:04:01 CIT Y 0 F M 0 S E S L A K E PAGE 11 XAPPRVD TA B 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 elL M E E TIN G 0 F 09/24/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================:=:=:============================================ OXARC INC 00001412 PENHALLURICKS EXPRESS BUILDING 00006579 PERFECTION TIRE & AUTOMOTIVE 00004609 PETTY CASH REVOLVING FUND 00001540 PITNEY BOWES INC 00001508 POW CONTRACTING 00005344 PUD OF GRANT COUNTY 00001501 QCL INC 00006542 QUILL CORPORATION 00004811 0000067401 TOTAL: 0000066970 0000067509 16.70 16.70 37.61 45.41 ====================== TOTAL: 83.02 0000067367 60.25 ====================== TOTAL: 60.25 0000067498 44.40 ===============:==:=== TOTAL: 44.40 0000067448 7.96 TOTAL: 7.96 0000067534 1,347.76 =====================: TOTAL: 1,347.76 0000067520 50,537.57 ===========:========== TOTAL: 0000067459 0000067539 0000067459 TOTAL: 0000067541 TOTAL: 0000067499 0000067499 0000067499 0000067531 50,537.57 1,381.10 795.83 34,727.44 36,904.37 2,028.00 2,028.00 92.74 423.49 438.94 32.10 MAC RESALE MISC SUPPLIES RAIN JACKET MISC SUPPLIES FRONT END ALIGNMENT REIMB PETTY CASH POSTAGE MACH LEASE PE 4 LIFT STATION 2013 ELEC SERVICE/ST LIGHTS ELEC SERV/MONTLAKE IRRIG ELEC SERVICE/ST LIGHTS DRUG FREE ADMIN FEE MISC OFFICE SUPPLIES MISC OFFICE SUPPLIES MISC OFFICE SUPPLIES MISC SUPPLIES DATE 9/20/13 PAGE 12 TIME 10: 04: 01 XAPPRVO NANE 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 09/24 /2013 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= QUILL CORPORATION 00004811 R M T 00004121 RAINBOW FLYING SERVICE 00003974 RAMADA MOSES LAKE 00006884 RATBBONE SALES INC 00005021 REDDY ICE 00004329 RICHARD SMITH 00006830 ROYAL ORGANIC PRODUCTS 00007187 SAMARITAN HEALTHCARE 00001836 SEA WESTERN INC 00001879 0000067531 0000067531 0000067499 0000067499 0000067499 32.71 MISC SUPPLIES 32.70 MISC SUPPLIES 99.95 MISC OFFICE SUPPLIES 176.14 MISC OFFICE SUPPLIES 36.06 MISC OFFICE SUPPLIES ====================== TOTAL: 1,365.43 0000067472 48.91 TOTAL: 48.91 0000067483 400.00 TOTAL: 400.00 0000067405 1,318.72 TOTAL: 1,318.72 0000067500 56.08 TOTAL: 56.08 0000067518 475.50 TOTAL: 475.50 0000067527 300.00 ==========:=======:=== TOTAL: 0000067449 TOTAL: 0000067420 0000067420 300.00 5,218.35 5,218.35 141.15 125.00 ====================== TOTAL: 266.15 DIESEL FUEL CAP LAWN CARE CONTRACT PERFORMER LODGING REPLACE FUEL CAP ICE RESALE/CAMPGROUND TRAP AND REMOVE BEAVERS TIPPING FEES ANB SUPPLIES/REGIS ANB SUPPLIES/REGIS 0000067426 2,102.16 TURNOUT COAT, PANTS DATE 9/20/13 TIME 10:04:01 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 09/24/2013 Expenditure Account PAGE 13 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ===============================================================================================:======================= SHERWIN-WILLIAMS 00006229 SHIRTBUILDERS INC 00004022 SIGNS NOW 00007051 SIRENNET.COM 00007692 SKAUG BROTHERS GLASS 00004842 SPECTRUM COMMUMICATIONS 00002691 SUNTRUST 00007361 TERI OLIVER 00005209 ====================== TOTAL: 0000067369 0000067505 TOTAL: 0000067421 0000067421 2,102.16 315.93 1,016.64 1,]]2.57 152.27 152.27 ====================== TOTAL: 304.54 0000067433 105.16 ==================:=== TOTAL: 105.16 MISC SUPPLIES TRAFFIC PAINT UMlFORM T-SHIRTS UMIFORM T-SHIRTS 1-90 & BROADWAY SIGN 0000067503 738.40 WARNING LIGHTS TOTAL: 738.40 0000067501 430.37 REPLACE WINDSHIELD TOTAL: 430.37 0000067502 61.93 INSTALL ANTENNA CONNECTORS ===================:== TOTAL: 61. 93 0000067444 324.80 #35 LEASE PYMT/OCT 0000067444 3.11 #35 LEASE PYMT/OCT 0000067444 3,465 .20 #35 LEASE PYMT/OCT 0000067444 88.29 #35 LEASE PYMT/OCT 0000067444 9,659.35 #35 LEASE PYMT/OCT 0000067444 37.50 #35 LEASE PYMT/OCT :===================== TOTAL: 13,578.25 0000067437 12.00 REIMBURSE PETTY CASH ====================== TOTAL: 12.00 DATE 9/20/13 TIME 10:04:01 LA K E PAGE 14 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 09/24/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ==========================================:============================================================================ THOMSON REUTERS -WEST 00004968 TITAN TRUCK EQUIPMENT 00007965 UNITED PARCEL SERVICE 00005456 UTIL UNDRGRND LOCATION CENTER 00004598 VERIZON WIRELESS 00002107 WAC E 00006867 W C P SOLUTIONS 00006671 WA SCHOOL SAFETY ORGANIZATION 00007268 WASHINGTON FIRE CHIEFS 0000 3500 WEAVER EXTERMINATING SERVICE 00004290 0000067417 93l.18 ===============:====== TOTAL: 0000067506 0000067150 93l.18 534 .47 7,246.56 ====================== TOTAL: 0000067552 0000067552 7,78l.03 66.00 18 .48 =======:============== TOTAL: 0000067507 0000067507 0000067507 84.48 78.54 78.54 78.54 ===============:====== TOTAL : 235.62 0000067446 196.73 ====================== TOTAL: 196.7 3 0000067354 240.00 ====================== TOTAL: 0000067512 0000067512 240.00 350.68 83 .94 ====================== TOTAL: 434.62 0000067439 250.00 TOTAL: 250.00 0000067510 575.00 TOTAL: 575.00 0000067511 69.06 LEGAL BOOKS REPLACEMENT LIGHT TRUCK BODIES PER 519.2013 .10 SHIPPING CHARGES SHIPPING CHARGES UTILITY LOCATES UTILITY LOCATES UTILITY LOCATES MONTHLY CHARGES WACS -RODRIGUEZ REGISTRATION CLEANSER/BRUSH CLEANSER/BRUSH REGISTRATION REGIS/WEAVER/MECH CONF RODENT CONTROL DATE 9/20/13 TIME 10:04:01 CIT Y 0 F M 0 S E S L A K E PAGE 15 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 T IN G 0 F 09/24/2013 NAME OF VENDCR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purcbase ======================================================================================================================= ====================== TOTAL: 69.06 WEINSTEIN BEVERAGE COMPANY 00005990 0000067413 442.20 MAINTENANCE SUPPLIES 0000067412 2,020.55 LARSON/SNS RESALE 0000067412 823.20 LARSON/SNS RESALE 0000067413 1,377 .69 MAINTENANCE SUPPLIES ====================== TOTAL: 4,663.64 XPRESS BILL PAY -EFT 00006421 0000067456 589.89 CREDIT CARD FEES 0000067456 413.61 CREDIT CARD FEES 0000067456 242.51 CREDIT CARD FEES 0000067456 80 84 CREDIT CARD FEES 0000067456 103 .87 CREDIT CARD FEES ====================== TOTAL: 1,430.72 XYLEM WATER SOLUTIONS USA INC 00001505 0000067410 1,027.36 ELECTRICAl RELAY -FLOWRIDER TOTAL: 1,027 .36 ZIGGYS #13 00006567 0000067402 14 .53 BLUE TARP =====================: TOTAL: 14.53 REPORT TOTAL: 305,587.08 DATE FRI, SEP 20, 2013, 10:04 AM TIME 10:04:03 TOTALS BY FUND FUND -------- 000 102 103 116 275 410 450 452 477 483 490 493 495 49B 517 519 528 611 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 09/24/2013 FUND NAME AMOUNT --._------------._---------------------------------- GENERAL FUND 74,751. 29 TOURISM ACTIVITIES 1,318.72 GRANTS AND DONATIONS 100.00 STREET 47,579.58 EQUIPMENT LEASES 327.91 WATER/SEWER 27,929.56 2011 BOND FUND 300.00 2004 BOND FUND 301. 75 WATER SEWER CONSTRUCTION 52,993 .23 W/S LEASES 3,553.49 SANITATION FUND 23,724.47 STORM WATER 2,032.30 AIRPORT 957.41 AMBULANCE SERVICE FUND 2,197.65 CENTRAL SERVICES 1,459.82 EQUIPMENT RENTAL 59,041.12 BUILD MAINTENANCE 6,510 66 FIREMANS PENSION 508.12 TOTALS PAGE XAPPRVD DATE FRI, SEP 20, 2013, 10:04 AM TIME 10:04:03 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 09/24 /2013 TOTALS BY FUND FUND FUND NAME TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW. VEND NO. P.O. NO. AMT LISTED CORRECTED AMT CORRECT AMOUNT TO BE PAID AMOUNT 305,587.08 ACTION TO BE TAKEN 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 $305,587.08 THIS 24TH DAY OF SEPTEMBER, 2013 * • • * COUNCIL MEMBER COUNCIL MEMBER • • • • COUNCIL MEMBER FINANCE DIRECTOR • • * * * * • • • • • • • • * • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * September 19, 2013 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Polo Ridge #2 Preliminary Major Plat Schneider Homes has submitted a preliminary plat for 16 single family lots on 4.12 acres located north of Crestview Drive and east of Paxson Drive. The area is zoned R-1, Single Family Residential, which corresponds with the Comprehensive Plan Land Use Designation of Low Density Residential. A waiver was requested for side lot line angle for one lot and a deferral was requested to allow a temporary gravel cul-de-sac on Polo Ridge Drive. The Planning Commission recommended that the preliminary plat be approved with the following conditions: 1. The comments of the Development Engineer shall be addressed before final plat submittal. 2. The deviation for the side lot line of Lot 1, Block 1 to be more than 20 degrees from perpendicular with the front lot line is granted. 3. A deferral of cul-de-sac improvements to allow a temporary gravel cul-de-sac on Polo Ridge Drive shall be granted, with the condition that a covenant be required for the construction of the cul-de-sac to current standards within 5 years if the street is not extended. As no appeal was taken from this decision of the Planning Commission, the Council's approval of this decision incorporates and adopts the Findings, Conclusion and Decision of the Planning Commission. Respectfully submitted (py Gilbert Alvarado Community Development Director GAjt BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON IN THE MATTER OF THE POLO RIDGE #2 MAJOR PRELIMINARY PLAT FINDINGS OF FACT, CONCLUSIONS, AND DECISION 1. HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public hearing was held upon proper notice before the Commission on August 15, 2013. 1.2 Proponent. Schneider Homes, Inc. of Tukwila, WA is the proponent of this plat. 1.3 Purpose. The proponent has requested a preliminary major plat to divide 4.12 acres of land into 16 single family lots upon property located in the southwest quarter of section 15 and northwest quarter of Section 22, Township 19N, Range 28E, and more fully described on the face of the plat. The proponent has requested a deviation for the side lot line angle of Lot 1, Block 1, and a deferral of cul-de-sac improvements on Polo Ridge Drive. The previously- approved preliminary plat for a larger area was withdrawn. 1.4 Evidence. The Commission considered the following materials in reaching its decision: A. The plat submitted June 14, 2013 B. Staff report and attachments. C. Testimony from Anne Henning, staff; and Larry Angell of Columbia Northwest Engineering, representing the proponent. 2. FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidence presented to it, the Commission makes the following findings of fact: 2.1 The proponent is the developer of the property legally described above located within the City limits. 2.2 The property is currently vacant. Any new development must meet current standards and regulations. 2.3 Surrounding land uses are existing residential to the south and east, a church to the north, and vacant land zoned R-l and owned by the proponent to the west. 2.4 . Per the Development Engineer's com ments, the requested deviation for curb tangent lengths is not needed, since there is no minimum standard for residential streets. 2.5 Per the Municipal Services Director, the requested deviation for constructed width of streets is a Community Standards deviation, so will be addressed with the street construction plans, not the plat, so no action by the Planning Commission is needed. 2.6 The requested deferral of landscape installation is not needed, since the code specifically allows landscaping to be installed lot-by-Iot. 2.7 The requested deviation for the angle between the front and side lot lines for Lot 1, Block 1 is due to existing property lines created by previous platting . 2.8 The requested deferral of cul-de-sac improvements is for the west end of Polo Ridge Drive. The developer intends to continue this street in future phases of Polo Ridge. 2.9 To offset the impacts on the park system created by this new development, MLMC 17.27 requires dedication of land for open space and parks or a fee in lieu of dedication. This was addressed in the MDNS. FINDINGS OF FACT POLO RIDGE #2 MAJOR PRELIMINARY PLAT Page 2 August 29, 2013 2.10 The Development Engineer provided a list of corrections that must be addressed prior to the submission of the major plat for final review. He had no objections to the requested deviations for lot line angle and requested deferral of cul-de-sac improvements, provided a temporary gravel cul-de-sac is constructed and a covenant is required for permanent improvements to Community Standards if the street is not continued within five years . 2.11 The Bureau of Reclamation and East Columbia Basin Irrigation District had no required corrections. 2.12 The Washington State Department of Ecology commented about water rights. 2.13 The Washington State Department of Transportation commented that they have no objections or issues with the subdivision. 2.14 A Mitigated Determination of Non-Significance with 11 conditions was issued on July 12, 2013 under the State Environmental Policy Act Rules (WAC 197-11). The conditions were related to cleanup of accidental spills, stormwater, sediment control, controlling weeds and dust, fill, street and utility improvements, traffic signal mitigation, parks, and water rights. The conditions of the MDNS automatically become conditions of the project approval. 2.15 The closest corridor for which the Comprehensive Plan sets a minimum acceptable transportation level of service is Valley Road, where the standard is D for the Grape Drive intersection, C for the Central Drive intersection, and F for the Stratford Road intersection. The existing level of service for these intersections is B (Grape), B (Central), and D (Stratford). Where no level of service is specifically adopted, the minimum level of service standard is D (Service Standards and Concurrency Policy 5.3). The project will be required to contribute to a future traffic signal at Paxson and Valley. 2.16 Com prehensive Plan Land Use Policy 4 encourages infill developments that are scaled and designed to fit their surroundings on properties suited to urban development. 2.17 Residential Land Use Policy 24 states that the City shall assure that each neighborhood has safe and reasonable access to schools, shopping facilities , and recreational areas without mandatory dependency on the use of the automobile by providing pedestrian and bike paths. 2.18 Community Image and Design Policy 101 asks for new developments to be designed to incorporate features to encourage alternative travel modes, such as transit, biking and walking. 2.19 Housing Goal 1 and Policies 1.1 and 1.4 speak to providing diversity in housing options and adequate supply of all types of housing to allow price and location choices. 2.20 Transportation Framework Goal 1 is that the City's transportation system should promote mobility for Moses Lake's Citizens and workers by providing a range of transportation alternatives. The transportation system should emphasize facilities and services which support and encourage transit, ride sharing, bicycling, and walking as alternatives to the use of the automobile. 2.21 Transportation and Land Use Policy 4.1 provides that new development and redevelopment shall encourage transit and be required to incorporate pedestrian supportive measures such as providing pedestrian spaces, providing adequate sidewalks, bikeways, pathways, and crosswalks; preserving the connectivity of the pedestrian, bicycle, and street system; and traffic calming, reducing walkway crossing distances and improving visual character of neighborhood streets. 2.22 Bicycle and Pedestrian Transportation Goal9A requires the City to promote the use of bicycle and pedestrian transportation as viable alternatives to motorized transportation. 2.23 Bicycle and Pedestrian Transportation Goal 9B is to allow people to bicycle safely, conveniently, and pleasurably to easily complete trips within five miles of their homes, and FINDINGS OF FACT POLO RIDGE #2 MAJOR PRELIMINARY PLAT Page 3 August29,2013 to make streets and roads "bicycle friendly" and well-designed to accommodate both motorized and non-motorized modes of transportation. 2.24 Bicycle and Pedestrian Transportation Policy9.3 provides for adequate roadway, pedestrian, and bicycling connections in newly developing and redeveloping areas of the city, promoting both internal access and linkages with the rest of the city. 2.25 Circulation System Management Goal 10 speaks to a functional circulation system that serves the existing and future population, and considers vehicle, bicycle, and pedestrian safety, traveling efficiency, and impacts to neighborhoods and adjacent properties. 2.26 Circulation System Management Policy 1 0.1 is to develop and maintain a cost effective street system that serves the existing and future population, minimizes transportation delays and impacts to neighborhoods, and minimizes the disruption of the natural environment. All streets should include facilities for pedestrians and bicycles that are appropriate for the street classification and local conditions. 2.27 Circulation System Management Policy 1 0.4 assures safe and convenient access by all travel modes to residential neighborhoods, employment and retail centers, and major community and government facilities from arterial streets. Development approval should: A. Require that all property in the City be accessible from streets. B. Maintain continuity of the street pattern by avoiding half streets and dead-end streets not having turnaround provisions. C. Avoid the creation of excessively large blocks and long local access residential streets. D. Encourage grid street patterns to provide better connections for all travel modes and reduce traffic congestion by spreading traffic among many available routes. E. Provide for bicycle and pedestrian facilities. 2.28 Capital Facilities-Parks and Recreation Goal 2 states that the City will provide an integrated system of parks, recreation facilities , trails, greenbelts, and open space as community assets, both in form and function. 3. CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact, the Planning Commission makes the following conclusions: 3.1 The decision of the Planning Commission must be supported by the evidence presented and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 58.17 of the Revised Code of Washington (RCW), Title 17 of the Moses Lake Municipal Code (MLMC), and Title 20 MLMC. 3.2 The requirements of MLMC 20.09.020 are met: 1. Comprehensive Plan/Municipal Code: The development is consistent with Comprehensive Plan goals and policies on infill and housing by developing vacant land abutting existing development and by providing more housing. The development is consistent with the Comprehensive Plan goals and policies on transportation since it provides good vehicle, bicycle, and pedestrian circulation. With conditions for parks mitigation, it is consistent with Comprehensive Plan goals and policies on parks by providing land or funds for parks. If a deviation for lot line angle of one lot and a deferral of the timing of permanent cul-de-sac improvements are granted, the development meets the requirements and intent of the Municipal Code. 2. Adequate provisions for necessary improvements: With conditions for street and utility construction, the development makes adequate provisions for streets and other public ways, water supply, and sanitary wastes through the dedication and improvement of rights-of-way. With conditions for park development, it makes FINDINGS OF FACT POLO RIDGE #2 MAJOR PRELIMINARY PLAT Page 4 August29,2013 adequate provision for parks and recreation facilities. With conditions for a future signal, it makes adequate provisions for future traffic impacts. 3. Impacts: No impacts have been identified under Chapters 14 through 19 that will not be mitigated through existing regulations and conditions. 4. Public health, safety, welfare, and interest: The development is beneficial to the public health, safety and welfare and is in the public interest because it promotes orderly and efficient division of undeveloped land in compliance with state law and makes it suitable for residential development consistent with the intent of the R-1 Zone. 5. Transportation Level of Service: The development does not lower the level of service of transportation facilities below the minimum standards established in the Comprehensive Plan because the existing street infrastructure is adequate for the additional traffic and the development will contribute its fair share to the cost of a traffic signal which will maintain traffic level of service above the minimum standards. 6. Parks Level of Service: The development does not lower the level of service of neighborhood park facilities below the minimum standards established in the Comprehensive Plan because it will contribute its fair share to the cost of developing a park to serve the area. 7. Dedications: The street rights-of-way proposed for dedication are a direct result of the development proposal, are needed to serve the development, and are the standard width required for all residential streets. 3.3 The requested deviation to minimum curb tangent length for curves within the plat is not needed, since there is no minimum standard for residential streets. 3.4 The requested deviation for the side lot line of Lot 1, Block 1 to be more than 20 degrees from perpendicular with the front lot line is needed due to existing property lines on adjacent property. The lot configuration does not impact the buildability of the lot, since the minimum lot standards would be met even if the lot were rectangular and excluded the extra area created by the non-perpendicular lot line. 3.5 The requested deferral of the permanent cul-de-sac is reasonable, since the street is expected to be continued within five years . Requiring a permanent cul-de-sac that would have to be removed within a few years would be an unusual and unnecessary expense to the developer. Turn-around facilities will be provided by the gravel cul-de-sac, and the covenant will guarantee that facilities to Community Standards will be installed if the street is not extended. 3.6 The requested deferral of landscape installation is not needed since the Municipal Code allows what is being requested. 3.7 The required street frontage landscaping softens the impact of the paved surfaces, provides shade for pedestrians and structures, and enhances the right-of-way for pedestrian use. As the trees mature, the canopies will narrow the driver's perception of the road width, slowing traffic and improving safety. 3.8 The development meets the requirements of RCW 58.17 and MLMC 17.12 by making appropriate provisions for the public health, safety, and general welfare by providing adequate streets, including curbs, gutters, sidewalks, and street lighting; serving the development with City water and sewer, and providing funds toward the development of a neighborhood park and future traffic signal. 4. DECISION OF THE PLANNING COMMISSION. o FINDINGS OF FACT POLO RIDGE #2 MAJOR PRELIMINARY PLAT Page 5 August 29 , 2013 On the basis of the foregoing findings of fact and conclusions, it is the decision of the Planning Commission of the City of Moses Lake that the request for a preliminary major plat as submitted on the property deSignated above be approved with the following conditions: 4.1 The com ments of the Development Engineer shall be addressed before final plat subm ittal. 4.2 The deviation for the side lot line of Lot 1, Block 1 to be more than 20 degrees from perpendicular with the front lot line is granted. 4.3 A deferral of cul-de-sac improvements to allow a temporary gravel cul-de-sac on Polo Ridge Drive shall be granted, with the condition that a covenant be required for the construction of the cul-de-sac to current standards within 5 years if the street is not extended. Approved by the Planning Commission on August 29, 2013. ~~~ Todd Voth, Planning Commission Chairperson "l_j'«li ·"~ ro:"~j.~,,, lct/llltVM _1 ....... "'"~"'PQ~a.l lhi]UilDIU -fW!Al1rtJl1~: 6u<~,'Ju.rti!,,, , • .. ," ..... """''''.1. ',. J!.l<1S ':>o~ I!l ~~:n.U/05 ;11' )I{l~,""'T.II;IO'I •• I)J l.""J'lI0rT'W Z_lIO(ll'll O"IOJ '. \ Attachment 2 September 18,2013 Honorable Mayor and Moses Lake City Council DearCouncilMembe~ CITY OF MOSES 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 second reading of the ordinance. ? JKG:jt City Manager 764-3701 · City Attorney 764-3703 · Community Development 764-3750 · Finance 764-3717 · Fire 765-2204 Municipal Services 764-3783 · Municipal Court 764-3701 · Parks & Recreation 764-3805 · Police 764-3887 · Fax 764-3739 401 S Balsam St.· P.O. 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 Commissi on Established: The Tourism Commission for the city is created and shall consist of five @ se,eA (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 208040. 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 10th, 2013 TO: City Manager for Council Consideration FROM: Chief of Police SUBJECT: Acceptance of Grant from Wal-Mart Attached for Council approval is a resolution accepting a grant from Wal-Mart in the amount of $1,500.00. These monies are to be used to purchase digital cameras for the officers to use while on patrol. The Moses Lake Police Department would like to thank Wal-Mart for this grant and their continued support. Respectively submitted, ,~ ( Dav'd L. Ruffi ~f Moses Lake Police Department Attachment: Resolution RESOLUTION NO. A RESOLUTION ACCEPTING A GRANT FROM THE WALMART FOUNDATION Recitals: 1. The Walmart Foundation has given a $1 ,500 grant to the Moses Lake Police Department. 2. The funds are to be used to purchase digital cameras for patrol officers. Resolved: 1. That the grant from the Walmart Foundation be accepted. Adopted by the City Council on September 24,2013. Bill J. Ecret, Mayor ATTEST W. Robert Taylor, Finance Director September 18, 2013 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Resolution -Nuisance Abatement Costs -Hester Attached is a resolution which affirms the Council's prior authorization to staff to collect the funds expended for the nuisance abatement at 2603 Texas. The property is owned by Dorothy Hester. Respectfully submitted ~ Gilbert Alvarado Community Development Director GAjt RESOLUTION NO. A RESOLUTION ESTABLISHING THE BILLING TO BE IMPOSED AGAINST DOROTHY HESTER, AS THE OWNER OF CERTAIN REAL PROPERTY UPON WHICH THE CITY CAUSED ABATEMENT OF A NUISANCE TO BE PREFORMED AFTER A FAILURE OF THE PROPERTY OWNERS TO ABATE THE SAME. RECITALS: 1. Real Property Location and Ownership. The records of Grant County show that Dorothy Hester is the owner of property within the city limits located at 2603 Texas. The parcel number of this property is 110840000. Dorothy Hester, was provided notice of a hearing held before the City Council on August 27, 2013, to consider the allegations of the Code Enforcement Officer that a nuisance requiring abatement existed on property owned by Dorothy Hester. 2. On August 27, 2013 the City Council conducted a hearing to determine if a nuisance existed on the property at 2603 Texas. At the conclusion of that hearing, the City Council adopted Reso lution No. 3381 which provided a nuisance existed on the property at 2603 Texas, that the owner had fifteen (15) days to abate such nuisance and if the nuisance was not abated within fifteen (15) days of adoption of that resolution, the City would cause the nuisance to be abated and the costs of that abatement to be charged against the property owners. 3. The nuisance identified in Resolution No. 3381 was not abated by the property owners within fifteen (15) days of the adoption of that resolution. On August 29, 2013 the City caused the nuisance identified to be abated through the use of contracted and/or City labor and equipment. RESOLVED: 1. The costs to the City to abate the nuisance identified in Resolution 3381 on the property at 2603 Texas are set forth below. Those costs are derived from the attached documents which detail the costs incurred. 2. The costs to be recovered from Dorothy Hester are: City labor and equipment costs $0.00 Contracted labor and equipment (Property Maintenance) $134.88 Total $134.88 3. This charge is certified by the City Council as due and owing the City. This charge shall be forwarded in writing to Dorothy Hester, for payment. If payment is not received within thirty (30) days of submittal, the same shall be submitted for collection with other unpaid billings of the City and collected or reduced to judgment on the rolls of Grant County Clerk. Adopted by the City Council on September 24, 2013. ATTEST: Bill J. Ecret, Mayor W . Robert Taylor, Finance Director 509-762-6771 Tatum Lawn Care POBox 155 Moses Lake WA 98837 Fax 762-4147 ******************************************************* City Of Moses Lake P.O. Box 1579 Moses Lake WA 98837 RE: 2603 Texas St Weed Control Description of work: August 29, 2013 Mow down and haul all Kochia and grass throughout the property. Remove all puncture vine along the sidewalk. Project Cost Sales Tax Total K. Bob Tatum $125.00 9.88 $134.88 September 4 , 2013 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Resolution -Nuisance Abatement -Parker Attached is a resolution providing for the abatement of nuisances at 3793 W. Peninsula, owned by Yvonne Parker. 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 W Gilbert Alvarado Community Development Director GAjt RESOLUTION NO. A RESOLUTION DETERMINING THAT YVONNE L PARKER 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 3793 W. Peninsula , Lot 1, Parker-Tule View Short Plat, Parcel #312724000, 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 owners of the subject property to be Yvonne L Parker, 3793 W. Peninsula Drive, Moses Lake, WA 98837. 2. Notice. On July 29,3013 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 September 4, 2013 the Code Enforcement Officer caused to be delivered to Yvonne Parker a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of September 24, 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 -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 RESOLUTION NO. Page 2 September 24, 2013 which shall be approved by the city prior to any plowing, discing , or scraping , is implemented immediately. 4. Hearing. On September 24, 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: Clair Harden, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved : EXHIBIT #1 : Moses Lake Municipal Code Chapter 8.14.030 U EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated July 29, 2013 from the Code Enforcement Officer addressed to Yvonne Parker, 3793 W. Peninsula Drive, Moses Lake, WA 98837 EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 3793 W. Peninsula, Moses Lake, Washington EXHIBIT #4: Letter dated September 4, 2013 from the Code Enforcement Officer to Yvonne Parker advising the property owner of the hearing regarding abatement of property, scheduled for September 24, 2013. 1. A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 3793 W. Peninsula Drive, Moses Lake, Washington. Yvonne Parker, 3793 W. Peninsula Drive 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 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. Yvonne Parker, 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 : RESOLUTION NO. Page 3 September 24, 2013 4.1 Weeds to be cut 10' back from the sidewalk and cut down and removed from eh planter area 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the clean up required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. A copy of this resolution shall be provided to the record contract owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on September 24, 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 pub lic 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 wh ich 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 wh ich 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, ce llars, 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, straworotherpacking 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 nu isance 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 bu ilding 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 veh icles, vehicle parts, machinery or equipment; mattresses, bedding , clothing, rags or cloth; straw, packing materials, cardboard or paper, tin cans, wire, bottles, glass, cans, barrels, bins, boxes, containers, ashes, plaster or cement; or wood. This determination shall not apply to conditions completely enclosed within a building or fencing so as not to be visible from public property. BB . The keeping , permitting or harboring of any fowl, pigeons, rabbits, hoofed or cloven footed animals, except for caged birds kept within a residence or business. Exhibit 1 Page 3 of 4 CC. The depositing of any debris, vegetation, lawn clippings, lumber piles, wood piles, auto parts or bodies, garbage and the like, or storing of any material of any kind, provided that in residential zones that shall include garbage cans or refuse containers in the alleys of the city, except on garbage pickup day. DD. The existence of graffiti, which is defined as a defacing, damaging, or destructive inscription, figure or design painted, drawn or the like, on the exterior of any building, fence, gate, or other structures or on rocks, bridges, trees, or other real or personal property. EE. The locating of automobiles, trucks, recreational vehicles, trailers, boats, or any other vehicles, vessels, or the like forthe purpose of advertising its sale on property located in any commercial or industrial zone not owned by the seller. FF. The permitting of any condition or situation where the soil has been disrupted, disturbed, or destablized so as to allow blowing dust to exist. GG. The existence on any premise any unsecured, unused, or abandoned building or structures. HH. For any building the existence of any broken glass in windows or doors for more than thirty (30) days. II. Buildings or portions thereof that have faulty weather protection, such as openings in walls and roofs. Faulty weather protection shall include temporary weather barriers, such as tarps, plastic or similar material, left in place for more than thirty (30) days. JJ. Any building which has a window, door, or other exterior opening closed by extrinsic devices or some other manner, with material that has not been painted to match or compliment the buildings exterior or remains boarded up for more than sixty (60) days. KK. Any boarded up building that remains boarded up for more than ninety (90) days. LL Permitting any violation of RCW 59.18.510 in any rental dwelling 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 Of HOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Yvonne Parker 3793 W Peninsula Dr 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: 3793 W Peninsula Dr, Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: Lot I Parker-Tule View SP 17-49 312724000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Weeds must be cut 10' back from sidewalk, and cut down and removed from planter area. Time by Which Violation is to be Corrected or Activty Ceased The City is requiring these corrections listed on this Notice and Order be accomplished by Thursday, August, 08, 2013 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: . Exhibit 2 Page I of2 City Manager 764-3701· City Attorney 764·3703· Community Development 764·3750· Finance 764·3 717· Fire 765-2204 Municipal Services 764-3783 · Municipal Court 764-3701 · Parks & Recreation 764-3805· Police 764 -3 887 · Fax 764-3739 401 S Balsam St.· P.O. Drawer 1579 · Moses Lake, WA 98837·0244 ·www.cityofml.com 1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected withiIl the the tline 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)(1)J. 2. Ifa penalty has been assessed pursuant to 1.20.050(EXI), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL TIllS NOTICE AND ORDER TO TIffi HEARING EXAMINER WITHIN TEN (l 0) DAYS , PURSUANT TO SECTION 20.03 .050 OF TIffi MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE. YOU ARE FURTIffiR NOTIFIED THAT IF TIffi AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN THIS MATTER WILL BE REFERRED TO THE CITY A TIORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTIffiR APROPRIA TE ACTION. Dated this Monday, July 29.2013 Brett Hollen Code Enforcement City of Moses Lake 509-764-3748 Exhibit 2 Page 2 of2 " September, 04, 2013 Yvonne Parker 3793 W Peninsula Dr Moses Lake, Wa. 98837 CITY Of MOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 3793 W Peninsula Dr, Parcel 312724000, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail Yvonne Parker You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of Moses Lake described as: Lot 1 Parker-Tule View SP 17-49. This property is located at: 3793 W Peninsula Dr, Parcel 312724000, Moses Lake, WA 98837 On Monday, July 29, 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 04, 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 24, 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 IMP ACT IMPORTANT RIGHTS IN YOUR PROPERTY, [fyou have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone 509-764-3701. Sincerely, Code Enforcement Officer 1 cc: City Manager City Attorney Community Development Director Exhibit 4 City Manager 764·3701 · City Attorney 764·3703· Community Development 764·3750 · Finance 764·3717 · Fire 765·2204 Municipal Services 764·3783 · Municipal Court 764·3701· Parks & Recreation 764·3805 · Police 764·3887 · Fax 764-3739 401 S Balsam St.· P.O. Drawer 1579 · Moses Lake, WA 98837-0244 · www.cityofml.com September 4, 2013 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Resolution -Nuisance Abatement -Slyter Attached is a resolution providing for the abatement of nuisances at 601 W. Third, owned by William Eric Slyter eta!. 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 LrlL- Gilbert Alvarado Community Development Director GAjt RESOLUTION NO. A RESOLUTION DETERMINING THAT WILLIAM ERIC SLYTER ETAL 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 601 w. Third Avenue , Lot 3, Block 52 Mattson Addition , Parcel #1 01502000, 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 owners of the subject property to be William Eric Slyter, etal, P. O. Box 2055, Moses Lake, WA 98837 . 2. Notice. On July 29, 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 September 4, 2013 the Code Enforcement Officer caused to be delivered to William Eric Slyter a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of September 24, 2013. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14030 U -8.14.030 -Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes , all grasses, weeds , or other vegetation growing or which has grown and died , which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and RESOLUTION NO. Page 2 September 24, 2013 maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. 4. Hearing. On September 24, 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: Clair Harden, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved : EXHIBIT #1: Moses Lake Municipal Code Chapter 8.14.030 EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated July 29 , 2013 from the Code Enforcement Officer addressed to William Eric Slyter, 601 W. Third Avenue, Moses Lake, WA 98837 EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 601 W. Third Avenue, Moses Lake, Washington. EXHIBIT #4: Letter dated September 4, 2013 from the Code Enforcement Officer to William Eric Slyter advising the property owner of the hearing regarding abatement of property, scheduled for September 24, 2013. 1. A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 601 W. Third Avenue, Moses Lake, Washington . William Eric Slyter, etal, P. O. Box 2055, 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 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. William Eric Slyter, etal, 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 must be cut down and removed RESOLUTION NO. Page 3 September 24, 2013 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the clean up required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. A copy of this resolution shall be provided to the record contract owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on September 24, 2013. Bill J. Ecret, Mayor ATTEST: w. Robert Taylor, Finance Director 814030 A. B. C. D. E. F. G. H. I. J . K. L. M. Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer deter- mines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. The existence of any trash, dirt, filth, and carcass of any animal, waste shrubs, accumulation of lawn or yard trimmings or other offensive matter. Defective or overflowing septic or sewage systems, and the existence of any noxious, foul, or putrid liquid or substance which poses a health hazard or creates a noxious odor. Any man-caused pool of standing or stagnant water, except storm drainage systems, which serves as a breeding area for insects. Accumulation of garbage, decaying vegetation, manure, dead animals, or other noxious things in a street or alley, or on public or private property to an extent injurious to the public health as determined by the Health Officer. All other acts, failure to act, occupations, or use of property which is determined by the Health Officer to be a menace to the health of the public. All limbs of trees which are less than seven (7) feet above the surface of any public sidewalk, or twelve (12) feet above the surface of any street. All buildings, other structures, or portions thereof which have been damaged by fire, decay, neglect, or have otherwise deteriorated or become dilapidated so as to endanger the safety of the public. All explosives, flammable liquids, and other dangerous substances stored or used in any manner in violation of the State Fire Code. The keeping or harboring of any dog, fowl, or other animal which by frequent or habitual howling, yelping, barking, crowing, or in the making of other noises, annoys or disturbs the public, or the habitual allowing of dogs kept at anyone address to run at large in violation of Chapter 6.05 of the Moses Lake Municipal Code entitled "Animal Control". Making or causing to be made by any means whatsoever any noise of any kind which is a violation of Chapters 8.28 of the Moses Lake Municipal Code entitled "Noise Control". The frequent, repetitive, or continuous sound made by any secured, unsecured, or deteriorated membrane or sheet metal, being moved by the wind or other source, which unreasonably interferes with the peace, comfort and repose of adjacent property owners or possessors. Dumping, throwing, placing, leaving or causing or permitting to be dumped, thrown, placed or left, any filth, paper, cans, glass, rubbish, trash garbage, grass trimmings, shrub trimming, and shrubbery of any kind, in or upon any street, alley, sidewalk, ditch, or public or private property of another in the city. The erecting, maintaining, using, placing , depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, anyone or more of the following disorderly, disturbing, unsanitary, fly-producing , rat-harboring, disease-causing places, conditions or things: 1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, or whole or any part of any dead animal, fish or fowl , or waste parts of fish , vegetable or animal Exhibit 1 Page 1 of 4 matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles. 2. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or 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 chi ldren, 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 wh ich 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 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, 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 windows or doors for more than thirty (30) days. II. Buildings or portions thereof that have faulty weather protection, such as openings in walls and roofs. Faulty weather protection shall include temporary weather barriers, such as tarps, plastic or similar material, left in place for more than thirty (30) days. JJ. Any building which has a window, door, or other exterior opening closed by extrinsic devices or some other manner, with material that has not been painted to match or compliment the buildings exterior or remains boarded up for more than sixty (60) days. KK. Any boarded up bu ilding 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 Of MOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: William Eric Slyter 601 W Third Ave 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: 601 W Third Ave, Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: Lot 3 BLK 52 Mattson ADD 101502000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Weeds must be cut down and 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 Thursday, August, 08, 2013 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: Exhibit 2 Page I of2 City Manager 764·3701 · City Attorney 764-3 703· Commuruty Development 764-3750 · Finance 764·3717 · Fire 765·2204 Municipal Services 764-3 783· Municipal Court 764·3701· Parks & Recreation 764-3805· Police 764-3887· Fax 764-3739 401 S Balsam St.· P.O. Drawer 1579· Mo ses Lake, WA 98837-0244· www.cityofml.com · . I. Any violation f()!' which a Notice of Violation and Order to Correct or Cease Activity has been issued but \'ihich 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 penal!} 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)(1)]. 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 TIlE 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 APROPRIATE ACTION. Dated this Monday, July 29, 2013 Brett Hollen Code Enforcement City of Moses Lake 509,764-3748 Exhibit 2 Page 2 of2 September, 04, 2013 William Eric Slyter 601 W Third Ave Moses Lake, WA 98837 CITY Of MOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 601 W Third Ave, Parcel 101502000, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail William Eric Slyter 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 3 BLK 52 Mattson ADD. This property is located at: 60 I W Third Ave, Parcel 101502000, Moses Lake, W A 98837 On Monday, July 29, 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 04, 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 24, 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, 40 I 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 764·3 703 · Community Development 764·3 750 · 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 September 4, 2013 TO : City Manager for Council Consideration FROM : Community Development Director SUBJECT: Resolution -Nuisance Abatement -Womboldt Attached is a resolution providing for the abatement of nuisances at 1903 W, Marina Drive, owned by Ward and Khanitta Womboldt. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a publ ic 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 GAjt RESOLUTION NO. A RESOLUTION DETERMINING THAT WARD AND KHANITTA WOMBOlDT 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 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 1903 W. Marina, Tax #13041, Parcel #110475187, Moses lake, Washington, is the site of public nuisance violations of Moses lake Municipal Code (MlMC) 12.12.060. The records of Grant County show the owners of the subject property to be Ward & Khanit!a Womboldt, 637 Rupert Road, Qualicum Beach, British Columbia, Canada. 2. Notice. On August 6, 2013 the Code Enforcement Officer caused to be delivered by regular 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 September 11 , 2013 the Code Enforcement Officer caused to be delivered to Ward & Khanit!a Womboldt a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of September 24, 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 12.12.060 -Duty to Maintain Sidewalks: A The owner or occupier of property that abuts sidewalks or abuts dedicated city right-of-way or deeded city property adjacent to sidewalks shall bear the duty and expense of maintaining sidewalks in a good state of repair, free from obstructions, and in a clean condition. However, the city shall bear the duty and expense to repair sidewalks in the Paver District that are constructed with concrete brick pavers, and all sidewalks that were constructed of concrete brick pavers through city participation. For sidewalks to be in a good state of repair, the sidewalks shall not have any vertical differences of one inch (1 ") or greater; and they shall not have any contiguous areas of spalling greater than four (4) square feet Exposed aggregate in existing sidewalks shall be considered spalling when the surface wear measures one- quarter inch (1/4") or greater in differential elevation. B. The city may participate in sidewalk repairs for sidewalks that are wider than six feet (6'). Such participation may be made for sidewalk repairs that are within the right-of-way and that are beyond the first six feet (6') of sidewalk nearest to the curb. Such participation is valid only if the city has provided written pre-approval for the sidewalk repairs. When the city agrees to participate with sidewalk repairs for over-width sidewalks, the owner will pay the contractor for the full repairs; and the city will make payment directly to the owner for pre- approved sidewalk repairs after the owner has provided a paid invoice from their contractor. C. Chapter12.20 of the Moses Lake Municipal Code provides requ irements for sidewalk service requirements. RESOLUTION NO . Page 2 September 24, 2013 4. Hearing. On September 24, 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 : Clair Harden, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved: EXHIBIT #1 : Moses Lake Municipal Code Section 12.12.060 EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated August 6, 2013 from the Code Enforcement Officer addressed to Ward & Khanitta Womboldt, 637 Rupert Road, Oualicum Beach BC V9K 1R3 EXHIBIT #3 : Pictures taken by Code Enforcement Officer of the property located at 1903 W. Marina, Moses Lake, Washington. EXHIBIT #45: Letter dated September 11 , 2013 from the Code Enforcement Officer to Ward & Khanitta Womboldt advising the property owner of the hearing regarding abatement of property, scheduled for September 24, 2013. 1. A public nuisance in violation of MLMC 12.12 060 exists on the subject property at 1903 W. Marina, Moses Lake , Washington. Ward & Khanitta Womboldt, 637 Rupert Road , Oualicum Beach, BC V9K 1 R3 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. Sidewalk needing replacement or repair 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. Ward & Khanitta Womboldt, 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 Repair or replace sidewalk RESOLUTION NO . Page 3 September 24, 2013 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the clean up required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. A copy of this resolution shall be provided to the record contract owner by regular mail after its approval by the City Council. Adopted by the City Council on September 24 , 2013. Bill J. Ecret, Mayor ATTEST: W. Robert Taylor, Finance Director 12.12060 Duty to Maintain Sidewalks: A. The owner or occupier of property that abuts sidewalks or abuts dedicated city right-of-way or deeded city property adjacent to sidewalks shall bear the duty and expense of maintaining sidewalks in a good state of repair, free from obstructions, and in a clean condition. However, the city shall bear the duty and expense to repair sidewalks in the Paver District that are constructed with concrete brick pavers, and all sidewalks that were constructed of concrete brick pavers through city participation. For sidewalks to be in a good state of repair, the sidewalks shall not have any vertical differences of one inch (1 ") or greater; and they shall not have any contiguous areas of spalling greater than four (4) square feet. Exposed aggregate in existing sidewalks shall be considered spalling when the surface wear measures one- quarter inch (1/4") or greater in differential elevation. B. The city may participate in sidewalk repairs for sidewalks that are wider than six feet (6'). Such participation may be made for sidewalk repairs that are within the right-of-way and that are beyond the first six feet (6') of sidewalk nearest to the curb. Such participation is valid only if the city has provided written pre-approval for the sidewalk repairs. When the city agrees to participate with sidewalk repairs for over-width sidewalks, the owner will pay the contractor for the full repairs; and the city will make payment directly to the owner for pre-approved sidewalk repairs after the owner has provided a paid invoice from their contractor. C. Chapter12.20 of the Moses Lake Municipal Code provides requirements for sidewalk service requirements. Exhibit 1 Page 1 of 1 CIT YO" MOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Ward & Khanitta Womboldt 637 Rupert RD Qualicum Beach BC V9K IR3 NOTICE OF VIOLATION Provisions ofthe CitY of Moses Lake Code Violated: Moses Lake Municipal Code 12.12.060 Street Address of Violation: 1903 W Marina, Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: See assessor log 110475187 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Sidewalk needs to be replaced or repaired to correct the Spalling or exposed aggregtate surface. Time by Which Violation is to be Corrected or Activty Ceased The City is requiring these corrections listed on this Notice and Order be accomplished by Thursday, September, 05,2013 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: Exhibit 2 Page I of2 City Manager 764·3701· City Attorney 764·3703 · Community Development 764·3750· Finance 764·3717· Fire 765·2204 Municipal Services 764·3783· Munidpal 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.c om 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)(1 )]. 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 TIllS NOTICE AND ORDER TO mE HEARlNG EXAMINER WITIllN TEN (l 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 mE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN TillS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIATE ACTION. Dated this Tuesday, August 06, 2013 Clair Harden Code Enforcement Officer I City of Moses Lake 509-764-3746 Exhibit 2 Page 2 0[2 Page 2 of3 September, I I, 2013 Ward & Khanitta Womboldt 637 Rupert RD Qualicum Beach BC V9K IR3 Re: Hearing to Permit City Abatement of Nuisance Property located at: 1903 W Marina, Parcel 110475187, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail Ward & Khanitta Womboldt 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: See assessor log. This property is located at: 1903 W Marina, Parcel 110475187, Moses Lake, W A 98837 On Tuesday, August 06, 2013 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of 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 24 , 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 IMPORT ANT. YOUR FAILURE TO P ARTICIP ATE MAY IMP ACT 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. Code Enforcement Officer I cc: City Manager City Attorney Community Development Director Exhibit 4 September 18, 2013 TO: City Manager for Council Consideration FROM : Community Development Director SUBJECT: Resolution -Abandon Easement -Anderson Craig Anderson, Anderson Land Holdings, LLC, has requested the abandonment of the 5' public utility easement on the west side of Lot 3, Moses Lake Industrial Park Replat of Lots 8 and 10, Block 4, located at 3326 Citation Road NE. Public utilities were notified and a comment was received from the East Columbia Basin Irrigation District. Attached is a resolution which abandons the easement. The resolution is presented for Council consideration . Respectfully submitted Community Development Director GA:jt RESOLUTION NO. A RESOLUTION AUTHORIZING ABANDONMENT OF AN EASEMENT RECITALS: 1. Anderson land Holdings, LLC has requested the City of Moses Lake to abandon the easement described as follows : The 5' easement adjacent to the west side of Lot 3, Replat of Lots 8 & 10, Block 4, Moses Lake Industrial Park. 2. Potential users of the easement have been notified of the proposed abandonment and one comment was received. RESOLVED: 1. The City Council of the City of Moses Lake does resolve that the 5' easement adjacent to the west property line of Lot 3, Replat of Lots 8 & 10, Block 4, Moses Lake Industrial Park will be abandoned and that the City Manager is authorized to execute the necessary documents in order to accomplish that abandonment. Adopted by the City Council on September 24, 2013. ATTEST: Bill J. Ecret , Mayor W. Robert Taylor, Acting Finance Director -t- ~« --1 :::.:::: CL U 0:::.:::: --1 0:::: m« CL __ z 002 6 g 9nl1 September 13 , 2013 TO : City Manager FROM : Assistant Finance Director \j) * SUBJ ECT : Investment Rep ort Attached is the Investment Report for the month of August , 2013 . cc : Finance Director Investment Report August, 2013 Investment Investment Amount Interest Purchase Maturity Interest With Type Rate Date Date Earned Investments Outstanding Total Outstanding: $0 .00 Investment Maturities Grant County Invest Pool Invest Acct 9,432,204.27 2.09 08/01/13 08/31 /13 16,728.35 Wa. State Invest Pool Invest Acct 6,618,352.99 0.12 08/01/13 08/31/13 558.86 Total Maturities: 16,050,557.26 I nvestment Purchases Grant County Invest Pool Invest Acct 9,448,932.62 09/01/13 09/30/13 Wa. State Invest Pool Invest Acct 4,417,437.52 09/01/13 09/30/13 Total Purchases: 13,866,370.14 Investment Totals Beginning Balance -16,050,557.26 Total Maturities 16,050,557.26 Total Purchases 13,866,370.14 Ending Balance -13,866,370.14 I Monthly Interest Earned 17287.21 -Beginning Balance = Total Outstanding + Total Maturities -Ending Balance = Beginning Balance -Total Maturities + Total Purchases