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10082013ABrent Reese Jason Avila Jon Lane MOSES LAKE CITY COUNCIL Bill Ecret Mayor Joseph K. Gavinski City Manager David Curnel Karen Liebrecht Dick Deane October 8, 2013 AGENDA Sophia Guerrero, Executive Secretary Civic Center -Council Chambers 7:00 p.m. 1. ROLLCALL 2. PLEDGE OF ALLEGIANCE 3. IDENTIFICATION OF CITIZENS WANTING TO DISCUSS AGENDA ITEMS IDENTIFICATION OF CITIZENS WANTING TO DISCUSS NON-AGENDA ITEMS 4. PRESENTATIONS AND AWARDS A. New Employees 5. CONSENT AGENDA A. Approval of Minutes -September 24, 2013 B. Approval of Bills and Checks Issued C. Amend TIP -Set Date for Public Hearing D. Resolution -Accept Street & Utility Improvements -Pelican Way 1 Major Plat 6. COMMISSION APPOINTMENTS A. Parks & Recreation Commission -Appointment Request -Connor Lange B. Lodging Tax Advisory Committee -Appointment Request -Tim Molitor 7. CONSIDERATION OF BIDS AND QUOTES -None 8. PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS A. Communication -Health District Update -Jeff Ketchel, Administrator B. Communication -Proposed Homeless Shelter -Anthony Graham 9. ORDINANCES AND RESOLUTIONS A. Ordinance -Amend MLMC 10.12 Parking Regulations _1" Reading B. Ordinance -Amend MLMC 16.48 Fire Hydrants -1" Reading C. Ordinance -Amend MLMC 18.58 Signs -1" Reading D. Resolution -Repealing Resolution No. 3200 E. Resolution -Nuisance Abatement Costs -Espinoza F. Resolution -Nuisance Abatement Costs -McCourtie G. Resolution -Nuisance Abatement Costs -Huff Finance Municipal Police Chief Parks & Recreation Fire Chief Community City Attorney W. Robert Services Dave Ruffin Spencer Grigg Tom Taylor Development Katherine L. Taylor Gary Harer Gilbert Alvarado Kenison Page 2 -Moses Lake City Council meeting, October 8, 2013 9. ORDINANCES AND RESOLUTIONS -cont'd H. Resolution -Nuisance Abatement -Medel I. Resolution -Nuisance Abatement -Martinez J. Resolution -Nuisance Abatement -Womboldt 10. REQUEST TO CALL FOR BIDS -None 11. REFERRALS FROM COMMISSIONS -None 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 Finance Municipal Police Chief Parks & Recreation Fire Chief Community City Attorney W. Robert Services Dave Ruffin Spencer Grigg Tom Taylor Development Katherine L. Taylor Gary Harer Gilbert Alvarado Kenison MOSES LAKE CITY COUNCIL September 24 , 2013 Council Present: Bill Ecret, Dick Deane, Jon Lane, Ka ren Liebrecht, Jason Avila , David Curnel, and Brent Reese The meeting was called to order at 7 p.m. by Mayor Ecret. PLEDGE OF ALLEGIANCE: Mayor Ecret led the Council in the pledge of allegiance. PRESENTATION AND AWARDS DOE -LARSON AND SAND DUNES WASTEWATER TREATMENT PLANTS -AWARD Mike Hepp, Compliance Officer, Department of Ecology, presented an award for exemplary performance to the City for perfect compliance with state regulations in 2012 for both the Sand Dunes and Larson Wastewater Treatment Plants. He mentioned that it is very difficult for a wastewater treatment facility to earn this award and he commended the employees that work in this division. He pointed out that the Larson Wastewater Treatment Plant has earned this award for the last five years. CONSENT AGENDA Aooroval 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 24 , 2013 the Council does approve for payment claims in the amount of $305 ,587.08; prepaid claims in the amount of $87,057.44; claim checks in the amount of $2,272 ,629.36; and payroll in the amount of $340,565.46. Polo Ridge #2 Preliminary Ma jor Plat: Schneider Homes 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 Fam ily 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 conditions. Council's approval of this decision incorporates and adopts the Findings, Conclusion and Decision of the Planning Commission. Action Taken: Mr. Deane moved that the Consent Agenda be approved, seconded by Mr. Avila, and passed unanimously. Minutes: The minutes of the September 10 meeting were presented for approval. Action Taken: Dr. Curnel moved that the minutes be approved with the correction to show that Dr. Curnel was present, seconded by Mrs. Liebrecht, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES -None PETITIONS , COMMUNICATIONS, OR PUBLIC HEARINGS -None CITY COUNCIL MINUTES: 2 September 24, 2013 ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 2.46 -TOURISM COMMISSION -2ND 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: Dr. Curnel moved that the second reading of the ordinance be adopted, seconded by Mr. Lane , and passed unanimously. RESOLUTION -ACCEPT GRANT -WALMART FOUNDATION A resolution was presented which accepts a $1 ,500 grant from the Walmart Foundation. The funds will be used to purchase digital cameras for the police officers while on patrol. The resolution accepting a grant from the Walmart Foundation was read by title only. Action Taken : Mr. Avila moved that the resolution be adopted, seconded by Mr. Reese, and passed unanimously. RESOLUTION -NUISANCE ABATEMENT COSTS -HESTER A resolution was presented which authorizes staff to collect the funds expended for the nuisance abatement at 2603 Texas. The property is owned by Dorothy Hester. The 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 performed after a failure of the property owner to abate the same was read by title only . Action Taken: Mrs. Liebrecht moved that the resolution be adopted , seconded by Dr. Curnel, and passed unanimously. RESOLUTION -NUISANCE ABATEMENT -3793 PENINSULA A resolution was presented which provides for the abatement of nuisances at 3793 Peninsula . The property is owned by Yvonne Parker. The 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 was read by title only. Clair Harden, Code Enforcement Officer, was sworn in and provided testimony concerning this issue. There was no other testimony. The hearing was closed . Action Taken: Mr. Deane moved that the resolution be adopted, seconded by Dr. Curnel, and passed unanimously. CITY COUNCIL MINUTES: 3 September 24, 2013 RESOLUTION -ABANDON EASEMENT -ANDERSON A resolution was presented which provides for 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. The resolution authorizing abandonment of an easement was read by title only. Gilbert Alvarado, Community Development Director, stated that the East Columbia Irrigation District has an easement along the rear of the property and so long as there is no encroachment into their easement they have no problems with the abandonment. Action Taken: Mr. Reese moved that the resolution be adopted, seconded by Mr. Avila, and passed unanimously. RESOLUTION -GREAT WASHINGTON SHAKEOUT A resolution was presented which supports the City's participation in the Great Washington Shakeout "Drop Cover and Hold On" earthquake drill on October 17 at 10:17 a.m. The resolution of intent to participate in the Great Washington Shakeout and Work Toward Becoming a Safer Community was read by title only. Action Taken: Mr. Lane moved that the resolution be adopted, seconded by Mr. Avila, and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION -None NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS WEEDS Mayor Ecret pOinted out that there are a number of vacant lots with tall weeds that interfere with sight distance at corners. The current ordinance should be amended to address these vacant lots. Gilbert Alvarado, Community Development Director, explained that the current policy requires a property owner to remove weeds a distance of 10' back from the sidewalk but does not require weed removal on the entire lot. Joseph K. Gavinski, City Manager, gave some background on the current weed removal policy. There was considerable discussion on how to address the weeds and staff was directed to provide an amendment to the ordinance to deal with the entire lot. CITY COUNCIL MINUTES: 4 September 24, 2013 CITY MANAGER REPORTS AND COMMENTS LONGVIEW TRACTS SEWER UPDATE Gilbert Alvarado, Community Development Director, stated that 180 lots have connected to the recently installed City sewer in Longview Tracts. The owners of the remaining 32 lots have indicated they are unable to connect because of the approximate $5,000 cost to do so. There is a possibility that the City could establish a program to fund the cost of connection. Joseph K. Gavinski, City Manager, stated that such a project would be about $180,000 and would consist of connecting the 32 lots that have not connected and charging them on their utility bills on a monthly basis over a period of time to cover the cost and interest. There was some discussion and it was the consensus of the Council that staff proceed with financing the connecting of the 32 lots to the City sewer. INVESTMENT REPORT The City received $17,287.21 in investment income for August. The regular meeting was adjourned at 7:50 p.m . ATTEST Bill J. Ecret, Mayor W. Robert Taylor, Finance Director DATE 10/04/13 TIME 08: 56: 39 CIT Y 0 F M 0 S E S L A K E PAGE 1 XAPPRVD TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 U N C I L M E E TIN G 0 F 10/08/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase :===::::=::=:::=::::::::==================::=:=:==:=::================================================================= 2M COMPANY INC 00004450 0000067651 202.08 MISC SUPPLIES ====================== TOTAL: 202.08 ACE HARDWARE 00006538 0000067356 22.64 MISC SUPPLIES 0000067593 9.96 MISC SUPPLIES 0000067593 108.34 MISC SUPPLIES 0000067593 78.46 MISC SUPPLIES ====================== TOTAL: 219.40 AMERICAN LINEN 00004927 0000067667 363.28 LINEN SERVICE ====================== TOTAL: 363.28 CASCADE ANALYTICAL INC 00005014 0000067604 2,098.00 SAMPLE TESTING 0000067604 1,805.l4 SAMPLE TESTING ====================== TOTAL: 3,903.14 CINTAS CORPORATION LOC 607 00000271 0000067603 21. 58 SHOP TOWEL SERVICE 00000 67603 21. 58 SHOP TOWEL SERVICE 0000067603 291.12 SHOP TOWEL SERVICE ====================== TOTAL: 334.28 CSWW, INC dba BIG R STORES 00001701 00000673 59 47.99 MISC SUPPLIES 00000673 59 1.82 MISC SUPPLIES 0000067637 269.74 MISC SUPPLIES 0000067637 370.04 MISC SUPPLIES 0000067637 248.13 MISC SUPPLIES 0000067637 21. 49 MISC SUPPLIES 0000067637 43.15 MISC SUPPLIES ====================== TOTAL: 1,002.36 DATE 10/04/13 TIME 08:56:3 9 L A K E PAGE 2 XAPPRVD CIT Y 0 F M 0 S E S TAB U L A T ION 0 F C L A I M S C 0 U N C I L M E E TIN G T 0 B E A P PRO V E D o F 10/08/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ===================================================================================================================:==: DATABAR 00007974 FERGUSON ENTERPRISES INC #3202 000054B2 H D FOWLER COMPANY 00003868 INLAND PIPE & SUPPLY COMPANY 00003727 LAD IRRIGATION COMPANY INC 00001101 LAKE AUTO PARTS 00001102 LES SCHWAB TIRE CENTER 00003519 PENHALLURICKS EXPRESS BUILDING 00006579 0000067670 9B9.85 0000067670 694 .07 0000067670 406.94 0000067670 135.64 0000067670 174.30 ==:=================== TOTAL: 2,400.80 0000067363 46.11 0000067607 310.87 ====================== TOTAL: 356.98 0000067614 917.48 0000067614 500.60 ====================== TOTAL: 0000067616 0000067616 TOTAL: 0000067585 0000067515 0000067550 TOTAL: 0000067619 1,418.08 4.53 118.92 123.45 303.72 39.36 5.21 348.29 622.98 ====================== TOTAL : 622.98 0000067432 345.02 :===================== TOTAL: 345.02 000006763 3 237.78 MAIL UTILITY BILLS MAIL UTILITY BILLS MAIL UTILITY BILLS MAIL UTILITY BILLS MAIL UTILITY BILLS MISC SUPPLIES WRENCHES MISC REPAIR PARTS MISC REPAIR PARTS PVC PIPE, REPAIR KIT PVC PIPE, REPAIR KIT TURF LID PVC/GASKET SUPPLIES FILTER CARTRIDGE ROPE MISC REPAIR SUPPLIES PARK TRAILER BEARINGS/SEAL CONCRETE MIX, SAND DATE 10/04/13 TIME 08:56:39 LA K E PAGE 3 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 10/08 /2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= PENHALLURICKS EXPRESS BUILDING 00006579 0000067633 8.93 CONCRETE MIX, SAND ====================== TOTAL: 246.71 PLATT ELECTRIC COMPANY 00001549 0000067634 19.32 MISC SUPPLIES 0000067634 191.46 MISC SUPPLIES 0000067634 666.08 MISC SUPPLIES 0000067634 9.71 MISC SUPPLIES 0000067634 103.07 MISC SUPPLIES ====================== TOTAL: 989.64 WESTERN EQUIPMENT DIST INC 00004582 0000067646 55.06 THROTTLE CABLE ====================== TOTAL: 55.06 WOODARD AUTO & TRUCK 00005559 0000067645 383.05 CLEAN GROUNDS ====================== TOTAL: 383 .05 ============================= REPORT TOTAL: 13,314.60 DATE FRI, OCT 4, 2013, 8:56 AM TIME 08:56:40 TOTALS BY FUND FUND 000 116 410 490 493 498 519 528 CIT Y 0 F M 0 S E S TAB U L A T ION 0 F C L A I M S C 0 U N C I L M E E TIN G FUND NAME GENERAL FUND STREET WATER/SEWER SANITATION FUND STORM WATER AMBULANCE SERVICE FUND EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW, L A K E T 0 B E A P PRO V E D o F 10/08/2013 AMOUNT 967,84 347,39 8,744,99 406,94 135,64 537,58 1,352,21 822,01 13,314,60 VEND NO, P,O, NO, AMT LISTED CORRECTED AMT ACTION TO BE TAKEN CORRECT AMOUNT TO BE PAID TOTALS PAGE XAPPRVD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • * * * * * * * * * C L A I M SAP PRO V A L WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT IN THE AMOUNT OF $13,314,60 THIS 8TH DAY OF OCTOBER, 2013 COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER FINANCE DIRECTOR * * * * • * • * * * * *' * * * • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DATE 10/04/13 TIME 10,03,23 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 10/08/2013 Expenditure Account PAGE 1 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= A & H PRINTERS 00000001 0000067548 133.12 YOUTH SPORTS FLYERS 0000067652 32.15 PRINTING 0000067591 75.53 BUS INESS CARDS-MADDOX 0000067675 185.05 DOOR KNOB HANGERS ====================== TOTAL, 425.85 A P B P 00006214 0000067544 100.00 MEMBERSHIP FEES ====================== TOTAL, 100.00 A T & T MOBILITY 00004826 0000067701 26.88 CELL PHONE SERVICE 0000067701 278.86 CELL PHONE SERVICE 0000067701 26.90 CELL PHONE SERVICE 0000067701 1,249.50 CELL PHONE SERVICE 0000067701 150.03 CELL PHONE SERVICE 0000067701 32.21 CELL PHONE SERVICE 0000067701 72.39 CELL PHONE SERVICE 0000067701 72.37 CELL PHONE SERVICE 0000067701 40.48 CELL PHONE SERVICE 0000067701 94.10 CELL PHONE SERVICE 0000067701 83.64 CELL PHONE SERVICE 0000067701 15.72 CELL PHONE SERVICE ====================== TOTAL, 2,143.08 ALLIANCE TECHNOLOGY LLC 00006427 0000067592 135.91 REPLACE BROKEN PART ====================== TOTAL, 135.91 ASSOC OF GRANT CO CITIES 00004953 0000067557 144.00 DINNER MEETING ====================== TOTAL, 144.00 BARBARA NICKERSON 00007028 DATE 10/04/1] TIME 10:03:23 LA K E PAGE 2 XAPPRVD CIT Y 0 F M 0 S E S TAB U L A T ION 0 F C L A I M S C 0 U N C I L M E E TIN G T 0 B E A P PRO V E D o F 10/08/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Furchase ======================================================================================================================= 0000067568 35.70 CARDS ====================== TOTAL: 35.70 BARRACUDA NETWORKS INC 00007306 0000067671 3,099.00 SOF'IWARK MAINTENANCE TOTAL: 3,099.00 BASIN SEPTIC SERVICES 00000166 0000067357 75.00 SEPTIC SERVICES 0000067357 258.96 SEPTIC SERVICES 0000067357 129.48 SEPTIC SERVICES 0000067357 129.48 SEPTIC SERVICES 0000067357 64.74 SEPTIC SERVICES TOTAL: 657.66 BATTERY SYSTEMS 00004673 0000067597 48.56 BATTERY ====================== TOTAL: 48.56 BOUND TREE MEDICAL LLC 00006022 0000067563 1,781.56 AMBULANCE SUPPLIES TOTAL: 1,781.56 BRENTS AUTOMATIC TRANS SERVICE 00006783 0000067594 766.09 REPLACE SENSOR TOTAL: 766.09 BUD CLARY CHRYSLER DODGE JEEP 00005449 0000067598 21. 77 ANTIFREEZE ====================== TOTAL: 21.77 BUD CLARY FORD 00006454 0000067596 169.97 REPAIR CHK ENGINE LIGHT ====================:= TOTAL: 169.97 BUSINESS INTERIORS & EQUIPMENT 00003619 0000067595 79.84 DATE STAMP ====================== TOTAL: 79.84 CAROL CROSS 00004253 00000P569 1]3.00 CRANES ====================== TOTAL: 1]3.00 CAROL HOHN 00006772 0000067611 175.00 BLDG MAINT CONTRACT PM DATE 10/04/13 TIME 10:03:23 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 10/08/2013 Expenditure Account PAGE 3 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ============================================================================:==:======================================= CARTEGRAPH SYSTEMS INC 00005700 CENTRAL MACHINERY SALES INC 00002779 CENTURYLINK 00003599 00001502 00003599 00001502 00003599 00001502 00003599 ====================== TOTAL: 0000067689 0000067689 175 .00 2,610.00 2,160.00 ============:========= TOTAL: 4,770.00 0000067601 673.62 :===================== TOTAL: 0000067582 0000067582 0000067582 0000067582 TOTAL: 0000067581 0000067584 673.62 8.00 8.00 40.00 40.00 96 .00 41. 89 149.68 ====================== TOTAL: 191. 57 0000067582 70.00 ====================== TOTAL: 70.00 0000067581 218 .96 ====================== TOTAL: 218.96 0000067582 20.50 ====================== TOTAL: 0000067584 0000067581 TOTAL: 0000067582 20.50 213.33 126.48 339.81 4.00 SUBSCRIPTION RENEWAL SUBSCRIPTION RENEWAL GUTTER BROOMS LONG DISTANCE SERVICE LONG DISTANCE SERVICE LONG DISTANCE SERVICE LONG DISTANCE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE LONG DISTANCE SERVICE TELEPHONE SERVICE LONG DISTANCE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE LONG DISTANCE SERVICE DATE 10/04/ll TIME 10:03:23 NAME OF VENDCR Department CIT Y 0 F M 0 S E S TAB U L A T ION 0 F C L A I M S C 0 U N C I L M E E TIN G LA K E T 0 B E A P PRO V E D o F 10/08/20ll Expenditure Account PAGE 4 XAPPRVD VENDCR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 00001502 00003599 00001502 00003599 00001502 00003599 00001502 00003599 =:==================== TOTAL: 0000067584 0000067581 4.00 44.70 258.86 ====================== TOTAL: 303.56 0000067582 10.00 =:=:================== TOTAL: 10.00 0000067584 112.58 ====================== TOTAL: 112.58 0000067583 116.83 0000067583 80.31 0000067583 44.74 0000067583 14.91 ====================== TOTAL: 256.79 0000067584 44.05 0000067581 41. 89 TOTAL: 85.94 0000067583 27 .16 ======:=============== TOTAL: 27.16 0000067581 2,635.60 ====================== TOTAL: 0000067582 0000067582 2,635.60 26.63 4.00 TELEPHONE SERVICE TELEPHONE SERVICE LONG DISTANCE SERVICE TELEPHONE SERVICE SHOT OFF NOTIFICATIONS SHOT OFF NOTIFICATIONS SHOT OFF NOTIFICATIONS SHOT OFF NOTIFICATIONS TELEPHONE SERVICE TELEPHONE SERVICE SHOT OFF NOTIFICATIONS TELEPHONE SERVICE LONG DISTANCE SERVICE LONG DISTANCE SERVICE DATE 10/04/13 TIME 10:03:23 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 10/08/2013 Expenditure Account PAGE 5 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase =============================================================================================================:========= ====================== TOTAL: 30.63 00001502 0000067581 172.58 TELEPHONE SERVICE ====================== TOTAL: 172.58 00003599 0000067582 4.00 LONG DISTANCE SERVICE :===================== TOTAL: 4.00 CITY OF MOSES LAKE 00008107 0000067578 14.37 EXCISE TAX 0000067578 711. 39 EXCISE TAX 0000067578 43.19 EXCISE TAX 0000067578 163.59 EXCISE TAX 0000067578 28 .81 EXCISE TAX 0000067578 98.77 EXCISE TAX ====================== TOTAL: 1,060.12 00008201 0000067692 6,933.86 WATER SERVICE 0000067692 1,740.54 WATER SERVICE ====================== TOTAL: 8,674.40 00008107 0000067578 49.23 EXCISE TAX 0000067578 1.12 EXCISE TAX 0000067578 65.46 EXCISE TAX 0000067578 19.20 EXCISE TAX 0000067578 10.01 EXCISE TAX 0000067 578 10.20 EXCISE TAX ====================== TOTAL: 155.22 00008201 0000067692 512.82 WATER SERVICE 0000067692 1,362.19 WATER SERVICE DATE 10/04/13 TIME 10:03:23 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 10/06/2013 Expenditure Account PAGE 6 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= 00006107 00006201 00006107 00006106 00008107 00006106 00006107 0000067692 2,472.32 ====================== TOTAL: 4,347.33 0000067576 29.97 0000067576 30.16 ====================== TOTAL : 0000067692 TOTAL: 0000067576 0000067676 0000067576 0000067576 60.15 367.96 367.96 35,690.61 500,000.00 7,480.20 2,554.27 ====================== TOTAL: 0000067710 0000067705 0000067706 545,725.06 1,557.75 1,964.26 1,406.16 ====================== TOTAL: 0000067576 0000067576 TOTAL: 0000067710 TOTAL: 0000067578 0000067576 0000067576 0000067578 4,930.21 10 ,968.87 1,502.60 12,471.47 105.55 105.55 96.16 2,653.46 229.66 24.53 WATER SERVICE EXCISE TAX EXCISE TAX WATER SERVICE EXCISE TAX TRANS FUNDS/W/S TO GEN EXCISE TAX EXCISE TAX RETAIN PE 1 PEC SWR LINE 2013 RETAIN PE 5 POW 1FT STATION 13 RETAIN PE 1 KELAYE B1U HRN RST EXCISE TAX EXCISE TAX RETAIN PE 1 PEC SWR LINE 2013 EXCISE TAX EXCISE TAX EXCISE TAX EXCISE TAX DATE 10/04/13 TIME 10:03:23 L A 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 10/08/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ================================================================:====================================================== CITY OF MOSES LAKE 00008107 COLUMBIA BASIN DAILY HERALD 00000210 COLUMBIA BASIN UMPIRES 00006385 COMFORT SUITES 00007678 COMMERCIAL TIRE 00005968 CONFLUENCE HEALTH 00005069 CONSOLIDATED DISPOSAL SERVICE 00006284 CONSOLIDATED ELECTRIC DIST 00000819 CROWN PAPER & JANITORIAL 00007120 DANNA DAL PORTO 00007795 DB SECDRE SHRED 00003144 0000067578 20.88 ======:=============== TOTAL: 3,226.93 0000067687 512.08 ====================== TOTAL: 512.08 0000067554 1,850.00 =============:======== TOTAL: 1,850.00 0000067590 758.22 ===============:====== TOTAL: 0000067602 0000067602 758.22 158.59 1,647.97 ====================== TOTAL: 0000067558 TOTAL: 0000067695 0000067695 0000067695 TOTAL: 0000067662 TOTAL: 0000067600 TOTAL: 0000067570 1,806.56 82.00 82.00 86.86 18.82 25,452.88 25,558.56 10.88 10.88 1,871.68 1,871.68 70.00 ====================== TOTAL: 70.00 0000067700 6.89 EXCISE TAX PUBLICATIONS SOFTBALL UMPIRE FEES CONCERT PERFORMER LODGING NEW TIRES NEW TIRES DOT/CDL PHYSICALS DISPOSAL LOADS DISPOSAL LOADS DISPOSAL LOADS MISC SUPPLIES MISC CLEANING SUPPLIES ARTWORK RECORDS DESTRUCTION DATE 10/04/13 TIME 10:03:23 NAME OF VENDOR Department CIT Y 0 F M 0 S E S TAB U L A T ION 0 F C L A I M S C 0 U N C I L M E E TIN G L A K E T 0 B E A P PRO V E 0 o F 10/08/2013 Expenditure Account PAGE 8 XAPPRVD VENDOR NO Object Description P,O, Number P,O, Amount Purpose of Purchase ======================================================================================================================= DEPT OF LABOR & INDUSTRIES 00005832 DESERT GREEN TURF 00007180 DIRCIO'S LANDSCAPING 00004208 E F RECOVERY 00007244 EASTERN CASCADE DIST 00006909 ENDRESS & HOUSER 00007693 FAEER INDUSTRIAL SUPPLY 00000501 FASTENAL COMPANY 00007372 0000067700 0000067700 0000067700 6,88 13,78 13,78 ======:=============== TOTAL: 41. 33 0000067605 153,80 ====================== TOTAL: 153,80 0000067546 120,00 =============:======== TOTAL: 120,00 0000067694 593,45 ====================== TOTAL: 0000067561 0000067561 TOTAL: 0000067650 593,45 848,10 4,461.10 5,309,20 54,50 =:==================== TOTAL: 54,50 0000067606 1,970,49 ===========:========== TOTAL: 0000066980 0000067608 0000067608 TOTAL: 0000067609 0000067609 0000067609 1,970,49 160,83 72 ,99 182,35 416,17 17 ,48 2,219,42 10,89 ================:===== TOTAL: 2,247,79 RECORDS DESTRUCTION RECORDS DESTRUCTION RECORDS DESTRUCTION ANNUAL OPER CERTIFICATE SOD MOW & REMOVE WEEDS AEMULANCE BILLING AEMULANCE BILLING DRINKING WATER TRANSDUCER/WELL 11 MISC SUPPLIES IMPACT WRENCH, TOOLS IMPACT WRENCH, TOOLS MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES DATE 10/04/13 TIME 10:03:23 NAME OF VENDOR Department CIT Y ° F M ° S E S TAB U L A T ION ° F C L A I M S C ° U N C I L M E E TIN G L A K E T ° B E A P PRO V E D o F 10/08/2013 Expenditure Account PAGE 9 XAPPRVD VENDOR NO Object Description P,O, Number P,O, Amount Purpose of Purchase :====================================================================================================================== FEDERAL EXPRESS 00004667 GENERAL PACIFIC 00004937 GERALD RICHARDSON 00003202 GRAINGER PARTS OPERATIONS 00002755 GRANT COUNTY DISTRICT COURT 00007843 GRANT COUNTY TECHNOLOGY 00005535 GRANT COUNTY TREASURER 00000607 HAIX NORTH AMERICA INC 00004523 HANSEN SUPPLY COMPANY 00007461 HELENA CHEMICAL COMPANY 00006809 HOCHSTATTER ELECTRIC 00000705 IBS INC 00004860 0000067696 9,01 ====================== TOTAL: 0000067635 0000067018 TOTAL: 0000067702 9,01 80,74 17,856,37 17,937,11 72,00 ====================== TOTAL: 72 ,00 0000067610 271,71 TOTAL: 271,71 0000067577 1,500,00 TOTAL: 1,500,00 0000067656 60,00 ====================== TOTAL: 60,00 0000067674 941. 68 :===================== TOTAL: 941.68 0000067698 130,00 =========:==:=:======= TOTAL: 130,00 0000067613 499,26 ====================== TOTAL: 499,26 0000067553 731.13 ====================== TOTAL: 731,13 0000067612 16,56 :===================== TOTAL: 16,56 0000067615 581. 48 SHIPPING CHARGES STRAINER METER READ SYS UPGRADES REIIMB MILEAGE MISC CLEANING SUPPLIES MUNI COURT SHARED COSTS SERVICES LIQUOR PROFITS UNIFORMS LABELING TAPE BATTLESHIP/HARDBALL CAPACITOR MISC REPAIR SUPPLIES DATE 10/04/13 TIME 10:03:23 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 10/08/2013 Expenditure Account PAGE 10 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase =================================:===================================================================================== JAMES & TERESA WENTLAND 00007938 JEFF SURESLY 00006863 JERRYS AUTO SUPPLY 00005835 JUDY THOMPSON 00003825 KATHERINE L KENISON 00006980 KELAYE CONCRETE LLC 00004466 KIM WHEATON 00007002 LAKE BOWL 00001109 LAURA CASTELLANOS 00004902 LAW ENFORCEMENT EQUIP DIST 00005679 0000067615 28.26 MISC REPAIR SUPPLIES TOTAL: 609.74 0000067545 112.00 HORSEMANSHIP INSTRUCTION TOTAL: 112.00 0000067697 21.18 REIMBURSE ====================== TOTAL: 0000067547 0000067560 0000067560 0000067617 21.18 577.05 MISC MAINTENANCE SUPPLIES 55.31 SAW CHAIN, TUBING 2.90 SAW CHAIN, TUBING 145.65 RADIATOR ====================== TOTAL: 780.91 0000067573 7.00 TA8LE MAT TOTAL: 7.00 0000067707 5,376.00 PROF SERVICE CITY ATTY TOTAL: 5,376.00 0000067706 28,980.34 PE 1 BLU HRN PRK RSTRN 2013 TOTAL: 28,980.34 0000067566 45.15 CATALOG/CAROS TOTAL: 45.15 0000067672 107.90 CO-ED SOFTBALL TROPHIES ====================== TOTAL: 107.90 0000067572 14.00 T-SHIRT TOTAL: 14 .00 0000067690 212.46 SUPPLIES ====================== TOTAL: 212.46 DATE 10/04/13 TIME 10:03:23 CIT Y 0 F M 0 S E S L A K E PAGE 11 XAPPRVD TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 U N C I L M E E TIN G 0 F 10/08/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ==============================================================================:==============:========================= LINDSAY/CULLIGAN 00005289 LOCALTEL COMMUNICATIONS 00004374 LUCY DOLE 00007052 MANUEL MORENO JR 00005691 MCMASTER CARR SUPPLY COMPANY 00005385 MID-AMERICAN RESEARCH CHEM 00005055 MIDAS AUTO SERVICE EXPERTS 00005124 MOON SECURITY SERVICES INC 00006510 MOSES LAKE STEEL SUPPLY 00001268 MSI MARTIAL ARTS ACADEMY 00007322 0000067 556 0000067556 0000067618 19.08 20.16 50.16 ====================== TOTAL: 89.40 0000067688 3,019.25 ============:====:==== TOTAL: 3,019.25 0000067567 JJ.74 ====================== TOTAL: 33.74 0000067620 85.00 ====================== TOTAL: 85.00 0000067623 157.65 TOTAL: 157.65 0000067622 119.77 ====================== TOTAL: 119.77 0000067621 83.50 TOTAL: 83.50 0000067655 41.50 :====================: TOTAL: 41. 50 0000067649 37.23 0000067649 24.19 0000067624 129.62 0000067624 206.21 TOTAL: 397.25 0000067551 36.00 MAC/PARKS WATER MAC/PARKS WATER BOTTLED WATER INTERNET SERVICE EARRINGS REIMB CDL CERT FASTENERS, SCREWS STOCK SUPPLIES INSTALL NEW MUFFLER MONTHLY MONITORING MISC SUPPLIES MISC SUPPLIES SIGN MATERIAL SIGN MATERIAL KICKBOXING INSTRUCTION DATE 10/04/13 TIME 10:03:23 CIT Y 0 F M 0 S E S L A K E PAGE 12 XAPPRVD T AB 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 10 /08/20 13 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase =====================:================================================================================================= MULTI AGENCY COMM CENTER E911 00006695 NATL ALLIANCE FOR YOUTH SPORTS 00007279 NATL FIRE PROTECTION ASSOC 00001307 NORTH CENTRAL WASHINGTON FENCE 00006902 NORTH RIDGE MACHINE 00005625 NORTHLAND CABLE 00006282 NORTHSTAR CHEMICAL INC 00006113 OASIS AUTO SPA 0000 4834 OGDEN MURPHY WALLACE INC 00006727 OREILLY AUTO PARTS 00004593 OXARC INC 00001412 0000067551 264 .00 ====================== TOTAL: 0000067654 0000067555 0000067555 TOTAL: 0000067666 300 .00 37 ,293 .75 801. 00 4,137.75 42,232.50 120 .00 ====================== TOTAL: 120.00 0000067574 1,320.90 TOTAL: 1,320.90 0000067625 6.26 ===============:====== TOTAL: 6.26 0000067562 151.49 ====================== TOTAL: 151. 49 0000067 587 73.22 :===================== TOTAL: 73.22 0000067626 2,4 32.95 ====================== TOTAL: 2,43 2.95 0000067627 354.00 ====================== TOTAL: 354.00 0000067559 1,135.23 ====================== TOTAL: 1,135.23 0000067628 47.10 TOTAL: 47.10 0000067629 77 .36 KICKBOXING INSTRUCTION USER FEE USER FEES /OCT USER FEES/OCT BEGINNING SOCCER MEMBERSHIP SUBSCRIPTION SERVICE RAIL ENDS LENGTHEN THREAD-WRENCHES LRC CABLE SERVICE SODIUM HYPO CAR WASHES PROF SERVICE/AT & T MECHANICS GLOVES GLOVES, NITROGEN DATE 10/04/13 TIME 10:03:23 CIT Y 0 F M 0 S E S L A K E PAGE 13 XAPPRVD TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 U N C I L M E E TIN G 0 F 10/08/2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ======================================================================================================================= OXARC INC 00001412 PARKSON CORP 00006891 PETTY CASH REVOLVING FUND 00001540 PINNACLE PUBLIC FINANCE INC 00005179 PLANNED & ENGINEERED CONST 00005505 PNC EQUIPMENT FINANCE LLC 00007085 POLLARDWATER.COM 00006064 POW CONTRACTING 00005344 PROTECT YOUTH SPORTS 00004626 0000067629 0000067629 TOTAL: 0000067630 10.28 26.84 114.48 500.54 ====================== TOTAL: 0000067576 TOTAL: 0000067580 0000067580 TOTAL: 0000067709 0000067709 500.54 20.08 20.08 10,859.50 629.82 11,489.32 32,058.50 2,172.22 ====================== TOTAL: 34,230.72 0000067579 112.72 0000067579 5.25 0000067579 15,540.94 0000067579 724.36 ====================== TOTAL: 0000067632 TOTAL: 0000067704 TOTAL: 0000067686 0000067686 16,383.27 46.78 46.78 40,424.77 40,424.77 72.00 117.00 GLOVES, NITROGEN GLOVES, NITROGEN SCREEN BASKET REIMB PETTY CASH U37A LEASE PYMT/OCT U37A LEASE PYMT/OCT PE 1 SEWER LINING 2013 PE 1 SEWER LINING 2013 U36 LEASE PYMT/OCT U36 LEASE PYMT/OCT U36 LEASE PYMT/OCT U36 LEASE PYMT/OCT STRAINER PAY EST 5 LIFT STATION 2013 BACKGROUND CHECKS BACKGROUND CHECKS DATE 10/04/13 TIME 10:03:23 NAME OF VENDOR Department CIT Y 0 F M 0 S E S TAB U L A T ION 0 F C L A I M S C 0 U N C I L M E E TIN G LA K E T 0 B E A P PRO V E D o F 10/08/20ll Expenditure Account PAGE 14 XAPPRVD VENDOR NO Object Description P.O. Number P.O. Amount Purpose of Purchase ;====================================================================================================================== PUMPTECH INC 00007639 QUILl CORPORATION 00004811 REBEKKA VAN DER DOES 00004973 SCHAEFFER MFG COMPANY 00003823 SHERWIN-WILLIAMS 00006229 SHIRTBUILDERS INC 00004022 SIGNS NOW 00007051 SIRENNET.COM 00007692 SPECTRUM COMMUNICATIONS 00002691 STEWART/ SECURITY TITLE 00001853 ====================== TOTAL: 189.00 0000067631 1,llO.01 ====================== TOTAL: 0000067575 0000067636 0000067636 1,llO.01 130.39 47.44 35.97 ====================== TOTAL: 213.80 0000067571 24.50 ====================== TOTAL: 24.50 0000067640 1,234.48 ====================== TOTAL: 0000067648 000006764l TOTAL: 0000067673 TOTAL: 0000067638 1,234.48 404.05 278.77 682.82 205.54 205.54 1,075.04 :===================== TOTAL: 1,075.04 0000067639 694.16 ====================== TOTAL: 694.16 0000067642 252.08 ====================== TOTAL: 0000067658 0000067658 252.08 283.23 94.42 REPLACE CHLORINE PUMP MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES PENDANT SYNTHETIC OIL MISC SUPPLIES PAINT AND SUPPLIES CO-ED SOFTBALL SHIRTS GRAPHICS POLICE CAR EQUIP REPAIR RADIOS TITLE RPRT RXR PROP STRMWTR A TITLE RPRT RXR PROP STRMWTR A DATE 10/04/13 TIME 10:03:23 LA K E PAGE 15 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 10/08 /2013 NAME OF VENDOR Department VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ~====================================================================================================================== TATUM LAWN CARE 00005928 THOMSON REUTERS -WEST 00004968 TIMEMARK INC 00005461 TYCO INC 00004451 USPS/PB POSTAGE BY PHONE 00007859 WA CITIES INSURANCE AUTHORITY 00006720 WASH FINAMCE OFFICERS ASSOC 00002208 WESTERN PETERBILT INC 00006802 YUM YUM DELI 00006565 ZIGGYS n13 00006567 ====================== TOTAL: 377 .65 0000067668 134.88 ====================== TOTAL: 134.88 0000067669 493.11 ==:=================== TOTAL: 0000067523 TOTAL: 0000067643 0000067643 493.11 80.54 80.54 21. 54 127.30 ====================== TOTAL: 148.84 0000067564 6,000.00 ====================== TOTAL: 6,000.00 0000067703 5,759.05 ====================== TOTAL: 5,759.05 0000067565 65.00 TOTAL: 65.00 0000067644 158.60 TOTAL: 158.60 0000067691 400 .75 TOTAL: 400.75 0000067647 77.04 ============:========= TOTAL: 77.04 ============================= REPORT TOTAL: 877,754.14 WEED REMOVAL/TEXAS ST LEGAL BOOKS GAMMA BATTERIES OIL OIL POSTAGE FOR MACHINE INSURANCE DEDUCTIBLE REGIS/TAYLOR/SEMINAR ALTERNATOR MEALS MISC SUPPLIES DATE FRI, OCT 4, 2013, 10:03 AM TIME 10:03:24 TOTALS BY FUND FUND -------- 000 102 103 116 275 410 477 490 493 495 498 503 517 519 528 CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 U N C I L M E E TIN G 0 F 10/08/2013 FUND NAME AMOUNT ---------------------------------------------------- GENERAL FUND 73,152.89 TOURISM ACTIVITIES 758.22 GRANTS AND DONATIONS 30.36 STREET 4,657.20 EQUIPMENT LEASES 117.97 WATER/SEWER 576,503.41 WATER SEWER CONSTRUCTION 106,393.82 SANITATION FUND 36,466.49 STORM WATER 6,601. 60 AIRPORT 291. 05 AMBULANCE SERVICE FUND 14,346.20 SELF-INSURANCE 5,759.05 CENTRAL SERVICES 15,094.00 EQUIPMENT RENTAL 33,316.11 BUILD MAINTENANCE 4,265.77 TOTALS PAGE XAPPRVD DATE FRI, OCT 4, 2013, 10:03 AM TIME 10:03:24 CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 U N C I L M E E TI N G 0 F 10/08/2013 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 877,754.14 ACTION TO BE TAKEN TOTALS PAGE XAPPRVD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C L A I M SAP P RO V A L * * * WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASH INGTON, 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 $877,754.14 THIS 8TH DAY OF OCTOBER, 2013 * * * * COUNCIL MEMBER COUNCIL MEMBER * * * * COUNCIL MEMBER FINANCE DIRECTOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * October 2, 2013 TO: City Manager For Council Consideration FROM: Municipal Services Director SUBJECT: AMEND SIX YEAR TRANSPORT A TION IMPROVEMENT PROGRAM 2014 -2019 -SET DATE FOR PUBLIC HEARING A public hearing is required when Council adopts the Six Year Street Transportation Improvement Program. Revised Code of Washington requires the adoption ofa Six Year Transportation Improvement Program an is required to be eligible for Federal and State Highway grants. Staff recommends that Council schedule October 220d , 2013 as the date for the public hearing and consideration for the resolution. Respectfully Submitted, ~ary G. Harer, PEIPLS Municipal Services Director encl. GH;tv cc: ASMDICity Engineer October 1st , 2013 TO: City Manager For City Council Consideration FROM: Municipal Services Director SUBJECT: ACCEPT STREET AND UTILITY IMPROVEMENTS PELICAN WAY 1 MAJOR PLAT The attached resolution is presented to the City Council for acceptance of street and utility improvements, lying in dedicated right-of-way or easements, as part of the Pelican Way I Major Plat. These improvements have been constructed in accordance with the City of Moses's Lake's Street and Utility Standards. The attached resolution and site plan is attached for council consideration. Respectfully submitted, ~_._t?~_- ~Gary G. Harer, PEIPLS Municipal Services Director GH;tv cc: Development Engineer -Russell Brown RESOLUTION NO. A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF THE PELICAN WAY 1 MAJOR PLAT Recitals: 1. Street and Utility improvements, lying in dedicated right-of-way or easements, are in place and connected to the City of Moses Lake's street and utility systems as part of the Pelican Way 1 Major Plat. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake's Community Standards, such installation being completed in Septemer, 2013. 3. RCW 35.91.030 indicated that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. Resolved: 1. The City Council of the Moses Lake accepts the street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of such facilities as authorized by ordinance, contingent upon the Pelican Way 1 Major Plat being approved and recorded. 2. After October 8th , 2015, all further maintenance and operation cost of said street and utility improvements, shall be borne by the City of Moses Lake, as provided by city ordinance. ACCEPTED by the City Council on October 8th , 2013. Bill J. Ecret, Mayor ATTEST: W. Robert Taylor, Finance Director ------- ----- ------ --.--'~ I ---- -"' - "- / ; --~---.. CITY OF MOSES LAKE Document PQlh: /-<1 <I ~. / «-,..~ 00 ~ 2'io-=='0i5-==O.<~ ____ .210 Feel ./ / '. / - UNUW CITY OF HOSES LAKE September 27, 2013 TO: Council Members FROM: Mayor Bill Ecret RE: Appointment to the Parks and Recreation Commission I have recei ved a letter requesting appointment to the Parks and Recreation Commiss ion from Mr Connor Lange. It is my intention to honor this request at the October 8, 2013 , Council meeting. If you have any comments for or against this appointment please contact me prior to Tuesd~.y's meeting. I have included the letter for your review. BJE:sg cc: City Manager City Manager 764-3701 · City Attorne)" 764·3703 · Communit)" Development 764-3750 · Finance 764·3717 · Fire 765-2204 Municipal Services 764-3783 · Municipal Court 764·3701 · Parks & Recreation 764-3805 · Police 764·3887 · Fax 764-3739 401 S Balsam St.· P.O. Drawer 1579 · Moses Lake, WA 98837-0244 · www.cityofml.com September 27,2013 Dear Mr. Ecret, I am submitting this letter of interest to serve as my request to be considered for a position on the Moses Lake Parks and Recreation Advisory Committee. I have a very strong interest in importance of Parks and Recreational programs for a small town community. I graduated from Western Washington University this past December with a Bachelor's degree in Environmental Studies: Policy and Urban Planning, with the classes which discussed how to build communities around recreation and how to ensure the development of safe parks for people to interact in. I have been inspired to participate in the future of Moses Lake, having grown up in this community I have developed a desire to give back to the place where I call home. I grew up participating in the Parks and Recreation sports programs, Ice skating and playing tennis at Mccosh Park. I want to advocate for greater community involvement in the youth and adult sports programs and events utilizing the parks around town. I am excited about the prospect of sitting on the commission. Please feel free to contact me to further discuss my interest. I look forward to hearing from you. Sincerely, Connor Lange 4114 Shorecrest Dr. NE Moses Lake, WA 98837 509-855-2556 CITY Of HOSES LAKE October 2, 2013 TO: Council Members FROM: Mayor Bill Ecret RE: Appointment to the Lodging Tax Advisory Committee I have received a letter requesting an appointment to the Lodging Tax Advisory Committee from Mr. Tim Molitor. It is my intenti on to honor th is request at the October 8, 2013, Council meeting. If you have any comments for or against this appointment please contact me prior to Tuesday's meeting. I have included the letter for your review. BJE:sg cc: City Manager City Manager 764·3 701 · City Attorney 764·3703 · Community 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 4015 Balsam 5t.· P.O. Drawer 1579 · Moses Lake, WA 98837-0244 · wwv.·.cityofml.com October 2, 2013 To : Mayor Bill Ecret Re : Appointment to the Lodging Tax Advisory Committee Thank you for considering me for the Moses Lake Lodging Tax Advisory Committee. I have nine years in the hotel business here in Moses Lake managing the Holiday Inn Express, Ramada, and the Inn at Moses Lake. I feel like I can bring a new point of view from a hotel standpoint that can help grow the community and benefit the business's here in Moses Lake. I will be dedicated and do my best to help Moses Lake grow to the potential that it has. Best Regards, Tim Molitor, CHA Moses Lake Inns, Inc tim molitor@hotmail.com cell:509-771-1898 Schooling: 'Moses Lake High School class of OS ' 'Big Bend CC: AA Degree 06' 'Washington State University: BS in Hospitality Business Management class of 08' 'CHA (certified hotel administrator) since 2009 Work: Moses Lake Inns, Inc.: 9 years Molitor Development: off and on for S years Moses Lake History: 'moved to Moses Lake in 1994. October 03, 2013 To: City Council Members From: Anthony Graham Subject: City of Moses Lake property located at 819 Penn St I have recently toured the city property located at 819 Penn St. with the weather declining and the growing need for shelter of the homeless, needy and mentally ill, it is in my opinion that the City of Moses Lake could better serve its community by providing a service to them in the form of a warming shelter. I propose that the City of Moses Lake allow me to facilitate the building located (the old administration building) on 819 Penn St. Since the City of Moses Lake already pays utilities for the building and it is not in use at present time I would like to use it as a warming shelter that is open at a certain time and allows people to come in out of the elements and sleep. If food is provided by volunteers patrons would be allowed to have a hot meal. This said property at 819 Penn St. is centrally located and would be ideal for this facility because it is already on the GTA route, near Samaritan Health Care, Safeway, Rite-Aid, and WorkSource. I would personally volunteer to maintain the warming shelter nightly unless there are other volunteers of the community and local churches that would be willing to also assist. City Council Members, I have served on the Grant County Homeless Task Force and lived in Moses Lake for approximately a year and half now and have observed the homeless population to be significant and a valid concern and would appreciate your consideration and support on this matter. Sincerely, Anthony Graham October 1, 2013 Honorable Mayor and Moses Lake City Council Dear Council Members C I TY OF MOSES LAKE Attached is a proposed ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations". The proposed amendment to the ordinance provides that no vehicle should be parked within 15 feet of a fire hydrant, including private parking lots, with a few exceptions. The proposed amendment is suggested so as to allow the Fire Department access to the fire hydrants in case of need . The proposed ordinance is presented for Council consideration . This is the first reading of the ordinance. Respectfully submitted d~,:~ ~Manager JKG:jt City Manager 764-3701 · City Attorney 764-3703 · Community Development 764-3750 · Finance 764-3717 · Fire 765-2204 Municipal Services 764-3783 · Municipal Court 764-3701 · Parks & Recreation 764-3805 · Police 764-3887 · Fax 764-3739 4015 Balsam St., P.O. Drawer 1579 · Moses Lake, WA 98837-0244 · www.cityofml.com ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10.12 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "PARKING REGULATIONS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations" is amended as follows: 10.12.070 Accessible and Fire Lane Parking Violations and Penalties: A It is unlawful for any person to park a motor vehicle in a parking space for use by persons who qualify for special parking privileges as indicated by signage in compliance with RCW 46.61.581 , or by signage displaying the international symbol of access described under RCW 70.92.120 upon the parking surface or upon a sign between thirty-six inches (36") and eighty- four inches (84") off the ground unless such person shall display, as provided by the laws of the State of Washington, a special card, decal, or license plate issued under RCW 46.16.381. B. It is unlawful for any person to park a motor vehicle in any area marked as a fire lane by the Fire Chief, so designated by a red curb or signage between thirty-six inches (36") and eighty- four inches (84") above ground, except for Fire Department, Police Department, or Municipal Services vehicles in the performance of official duties. C. No person shall stop park, or leave standing any vehicle within fifteen feet (15') of a fire hydrant to include private parking lots except as follows: .1 If the vehicle is attended by a licensed driver who is seated in the front seat and who can immediately move such vehicle in case of necessity. £. If the vehicle is owned or operated by a fire department and is clearly marked as a fire department vehicle. Q6. Any person violating subsection A above shall be deemed to have committed a parking infraction that is punishable by a non-suspendable, non-deferrable penalty of two hundred fifty dollars ($250) . .EB. Any person violating subsection B above shall be deemed to have committed a parking infraction that is punishable by a non-suspendable, non-deferrable penalty of one hundred seventy-five dollars ($175). 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 October 22, 2013. ATTEST: Bill J. Ecret, Mayor APPROVED AS TO FORM: W. Robert Taylor, Finance Director Katherine L. Kenison, City Attorney October 1,2013 Honorable Mayor and Moses Lake City Council Dear Council Members C ITY OF HOSES LAKE Attached is a proposed ordinance amending Chapter 16.48 of the Moses Lake Municipal Code entitled "Fire Hydrants". The proposed amendment provides that privately owned fire hydrants located in parking lots shall be posted with signage indicating "No Parking Within 15 Feet". The purpose of the ordinance is to be able to provide access to the fire hydrants by the Fire Department in case of need . The ordinance is presented for Council consideration. This is the first reading of the ordinance. Respectfully submitted JKG:jt City Manager 764-3701 · City Attorney 764-3703 · Community Development 764-3750 · Finance 764-3717 · Fire 765-2204 Municipal Senices 764-3783 · Municipal Court 764-3701 · Parks & Recreation 764-3805 · Police 764-3887 · Fax 764-3739 4015 Balsam St.· P.O. Drawer 1579 · Moses Lake, WA 98837-0244 · www.cityofml.com ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 16.48 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "FIRE HYDRANTS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 16.48 of the Moses Lake Municipal Code entitled "Fire Hydrants" is amended as follows: 16.48.085 Ownership: A City owned fire hydrants are those fire hydrants that are located within right-of-way or a municipal easement, provided that the fire hydrant has been accepted by the City Council. B. Privately owned fire hydrants are those fire hydrants that are not described in Section A All maintenance, repairs, and operations on private fire hydrants are the owner's responsibility. C. Privately owned fire hydrants located in parking lots shall be posted with signage indicating "No Parking Within 15 Feet". 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 October 22 ,2013. Bill J. Ecret, Mayor ATTEST: W . Robert Taylor, Finance Director APPROVED AS TO FORM Katherine L. Kenison, City Attorney October 2, 2013 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Ordinance -Amend 18.58 -Signs - 1 st Reading Attached is an ordinance that amends MLMC Chapter 18 .58, Signs, to include language regulating outdoor alcohol advertising as directed by the City Council. The proposed language included in the ordinance is taken from WAC 314-52-070, Outdoor Advertising, which is currently used by the Washington State Liquor Control Board to regulate signs advertising alcohol products. The WAC permits a business a maximum offour (4) outdoor alcohol advertising signs with a size limitation of 11.11 square feet per sign. The proposed ordinance would not change the overall sign area allowed to a business but would limit the amount of sign area to be used for outdoor alcohol advertising as part of a business' overall sign area to what is allowed by WAC 314-52-070. The proposed ordinance is presented for Council consideration. This is the first reading of the ordinance. Respectfully submitted Gilbert Alvara 0 Community Development Director GAjt ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18.58 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "SIGNS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS Section 1. Chapter 18.58 of the Moses Lake Municipal Code entitled "Signs" is amended as follows: 18.58.030 Sign Regulations: A Only a sign as defined in Section 18.58.020.00 is subject to the provisions of this chapter. B. A sign type that is listed "A" in the following table is allowed to be displayed, subject to the applicable sign regulations listed in this section and in the table. C. A sign type that is listed "P" in the following table is prohibited from display, unless it is a non- conforming sign as provided in Section 18.58.090. D. A sign type that is listed "E" in the following table is exempt from the provisions of this chapter E. A sign type that is not listed in the following table is not allowed to be displayed. F. A sign shall comply with applicable provisions of the State Building Code and Chapter 16.02 of this code entitled Building Permits. G. A sign is subject to Chapter 8.14 of this code entitled Nuisances. H. State law (RCW 70.54.090) prohibits the attachment of a sign to a utility pole. I. No sign is allowed on or over right-of-way except as approved by City Council for city streets. No sign is allowed within right-of-way of the interstate or primary system where there are no curbs . A sign may be allowed within right-of-way of the primary system where there are curbs and other streets, subject to the following conditions and circumstances: 1. A projecting sign is allowed over a sidewalk in right-of-way in the C-1 Zone and in the C-2 Zone where the building is not set back from right-of-way, provided that the sign does not project more than eighty percent (80%) of the distance between the right-of-way line and back of curb line, and there is a minimum of eight feet (8') vertical clearance under the sign 2. A political sign is allowed in right-of-way subject to the remainder of the applicable sign regulations in this section and in the following table. J. No permanent sign is allowed on or over a public utility easement K. A permanent sign may be allowed over but not on a municipal easement, upon approval by the Municipal Services Director L. Every sign shall be maintained in a safe and secure manner. A torn, broken, hazardous, dilapidated, or outdated sign, as determined by the Building Official, shall be repaired, replaced , or removed. M. The City Engineer shall review each application for a sign permit for sight distance. The City Eng ineer shall consider whether a sign would be located or constructed so as to obscure or obstruct an official traffic sign , signal, or device, or obstruct a motorist's view of approaching, merging, or intersecting traffic before approving or disapproving the application. N. Internal or external sign lighting shall be shaded, hooded, site screened, or directed so that the light's intensity or brightness shall neither adversely affect adjacent or nearby property, nor create a public nuisance, nor create a traffic hazard. O. A sign may be located within the front or exterior yard (as defined in sections 18.06.630 and 18.06.650 of this title) but shall not be located in the interior side or rear yard (as defined in sections 18.06.650 and 18.06.640 of this title). P. Where electronic signs are allowed, the following conditions apply: 1. The message shall have a static display time of at least two (2) seconds after moving on to the signboard, with all segments of the total message to be displayed within ten (10) seconds. 2. Displays may travel horizontally or scroll vertically onto electronic signboards, but must hold in a static position for two (2) seconds after completing the travel or scroll. 4. Electronic signs requiring more than four (4) seconds to change from one (1) single message display to another shall be turned off during the change interval. 5. No electronic sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. In no case may the brightness exceed eight thousand (8,000) nits or equivalent candelas during daylight hours, or one thousand (1,000) nits (illuminative brightness measurement),or equivalent candelas between dusk and dawn. Signs found to be too bright shall be adjusted as directed by the City of Moses Lake. 6. Minimum height for the sign shall be thirteen feet (13') from grade of the adjacent roadway to the bottom of sign. 7. The sign background shall not be white in color. White lights shall not be used as the sign background. 8. Businesses, churches, or schools are allowed changeable signs providing that changeable displays in residential zones shall be turned off between the hours of 10 p.m. and 7 a.m. Q. No sign shall be erected or maintained if it is visible from the main traveled way of the interstate or primary system except as permitted by Washington Administrative Code Chapter 468-66 entitled HIGHWAY ADVERTISING CONTROL ACT or Revised Code of Washington Chapter 47.42 entitled HIGHWAY ADVERTISING CONTROL ACT -SCENIC VISTAS ACT. R. Signs constructed of temporary sign materials, as defined in Section 18.58.010.TT, shall not be used as a permanent sign. Any sign that does not currently meet this standard must be removed within ninety (90) days. SIGN REGULATIONS Sign Type Prohibited, Maximum Sign Maximum Sign Other Sign Regulations Allowed, or Height Sign Area Permit Exempt Abandoned P NA NA NA NA Arch i tectural A Sign may be see Building sign R Sign allowed only in commercial Appendage flush-mounted and industrial zones. If the sign or suspended is suspended, there shall be at under the least 8' clearance above grade. architectural appendage Sign Type Prohibited, Maximum Sign Maximum Sign Other Sign Regulations Allowed, or Height Sign Area Permit Exempt Billboard P NA NA NA NA Building See specific See specific The total area of S e e Sign allowed in commercial, types of types of building building signs specific industrial, agricultural, and building signs shall not exceed types of municipal airport zones. signs 25% of the overall building Allowed in R~3 Zone on a site area of each signs with a conditional use, with facade. None of review and approval of the this allowance is Planning Commission according transferable from to Section 18.58.110 of this one facade to chapter. another facade. No individual building sign shall exceed 15% of the overall area of a facade. Changeable Copy A 25' for Free-See Building, R Sign allowed only in commercial standing, Freeway or and industrial zones. Freeway or Freewa y Freeway Interchange, Free- Interchange standing , or sign, or wall Temporary Free- height for Wall standi n g or sign Portable sign Community A See Building or See Building , R if free~ Sign allowed only in commercial, Free-standing Free-standing, standing industrial, and public zones. signs. and Temporary sign; NR if Sign shall be temporary. Free-standing or building Portable signs for sign other sign area regulations. Construction A 8' 32 sq. ft. per NR Sign may be erected a street frontage per maximum of 30 days prior to construction site start of construction, and shall be removed within 30 days after the end of construction. Sign shall be non-illuminated. Limited to one sign per street frontage per site. Dilapidated or P NA NA NA NA hazardous condition as determined by Building Official Direct ional -A 6' for Free~ 8sq. ft. persign R Sign allowed only in commercial Commercial standing sign; same as for wall sign Direction al -A 15' for Free-55 sq. ft. per sign R Sign allowed only in industrial Industrial standing sign; zones same as for wall sign Sign Type Prohibited, Maximum Sign Maximum Sign Other Sign Regulations Allowed, or Height Sign Area Permit Exempt Directory A Same as for See Building, R Sign allowed only in commercial Free-standing, Freeway or and industrial zones, or on a site and Freeway or Freeway with a conditional use in the R-3 Freeway Interchange , or Zone. Prior to issuance of a Interchange Free-standing sign permit, a sign for a sign sign conditional use in the R-3 Zone shall require Planning Commission review and approval according to Section 18.58.110 of this chapter. Electronic A 25' 50 sq. ft. per site. R Sign allowed only in Area of electronic Commercial, Industrial, and signs is included Public Zones. Additional wit h i n the requirements foretectronicsigns maximum area are found in Section 18.58.030, allowed for free-Sign Regulations. Electronic standing or signs must also meet the building sign age requirements for the type of sign (free-standing or building). Flashing P NA NA NA NA Freeway or Freeway A 45' 350 sq. ft. per site R Allowed only in commercial and Intercha n geor industrial zones. Wheeler Wheeler Corridor Corridor signs allowed only in Heavy Industrial the Wheeler Corridor Heavy Industrial Area. Off-site signs shall not be allowed. Sign Type Free-standing Garage Sale Government Flags Home Occupation Incidental Monument Prohibited, Allowed, or Exempt A A E A A A Maximum Sign Maximum Height Sign Area 25' 150 square feet per site in a commercial or industrial zone, except that a site which has street frontage exceeding 300 lineal feet is allowed 150 square feet per increment of 300 lineal feet of street frontage. A site where there is a conditional use in the R-3 Zone is allowed any combination of free-standing and building signs not to exceed a total of 12 square feet, except as provided in Other Sign Regulations in this row. NA NA Same as for Wall sign NA NA 2 sq. It. per residential dwelling unit with home occupation license Same as for 2 sq. ft. per sign Wall, Freeway, Freeway Interchange, and Freeway signs Sign Permit R NR NA R NR 8' Same as for Free-R standing Sign Non-conforming See Section 18.58.090 for limitations on non-conforming signs Official Sign or E NA NA NA Legal Notice Other Sign Regulations Sign allowed only in commercial and industrial zones or on a site where there is a conditional use in the R-3 Zone. A site without street frontage shall be limited to one free-standing sign structure. The number of free-standing sign structures that are allowed on a site with street frontage shall be limited to two per increment of 300 lineal feet of street frontage. If a site exceeds one free-standing sign structure, then the structures shall be separated a minimum of 100 lineal feet. Landscaping (as defined in section 18.57.030.A of this title) is required around the base of a new free-standing sign. The landscaping perimeter for a pole sign shall be not less than the largest sign dimensions as vertically projected to the ground . The landscaping perimeter for all other free- standing signs shall be not less than l' larger than the base of the sign structure. Prior to issuance of a sign permit, a free-standing sign on a vacant site, or where there is a conditional use in the R-3 Zone, shall require Planning Commission review and approval according to Section 18.58.110 of this chapter. Sign allowed in aU zones. The sign shall not be displayed for more than four consecutive days. NA Sign shall be a non-illuminated wall sign. Limited to one sign per residential dwelling unit with home occupation license. Shall be non-illuminated and on- site. Sign allowed only in commercia! and industrial zones NA Sign Type Prohibited, Maximum Sign Maximum Sign Other Sign Regulations Allowed, or Height Sign Area Permit Exempt Open, Closed, E NA NA NA NA Business Hours, Address , or Greeting Outdoor Alcohol to See Tem~ora!y See WAC 314-52-NR See Tem(;!ora!y Sign Advertising Sign 070 Outdoor advertising Political A 8' 32 square feet per NR Shall be removed within 10 days (candidate or issue) sign after an election. May be located on private property with permission from property owner. May be placed in right-of-way adjacent to the private property of the abutting land owner and only with the permission of the private property owner/abutting land owner, provided that it is not in a location or condition that is prohibited. Private Warningl E NA NA NA NA Directional Projecting Sign A Same as for See Building sign R See Section 18.58.030 I of this Wall o r chapter Architectural Appendage sign Public Facility A 8' 35' sq. ft. R Sign allowed only in the public Directional Sign zone Pub I i c o r A Same as for See Free-standing R Allowed in commercial, Recreational Free-standing or or Building sign industrial, and public zones Identification Building sign Public Zone (other A Same as for see Free-standing R Requires Planning Commission than Public or Free-standing or or Building sign approval according to Section Recreational Facility Building sign 18.58.110. Identification signs) Real Estate -Other A 8' for Free-32 sq. ft. per sign NR Shail be non-illuminated. Shall standing Sign; be removed from display within wall height for five days after sale, lease, or Building Sign rent. Real Estate -A 8' 6 sq. ft. per sign NR Shall be non-illuminated. Shall Residential Lot be removed from display within one day after sale, lease, or rent. Residential A 8' 32 sq. ft. per site R Allowed in residential zones. Identification Requires Planning Commission review and approval according to Section 18.58.110 of this chapter. Sign Type Prohibited, Maximum Sign Maximum Sign Other Sign Regulations Allowed, or Height Sign Area Permit Exempt Residential A 8' 32 sq. ft. per R N/A Subdivision residential subdivision , manufactured home binding site plan or residential p I a n n e d development Roof A 10' above roof See Building sign R Allowed in commercial and he i 9 h t as industrial zones. measured from intersection of the roof and lowest point of the sign, sign structure, or poi n t o f attachment Sandwich Board A 4' 8 sq. ft. each face R Sign allowed only in commercial and industrial zones. May be located in right-of-way adjacent to the site that is the object of the sign with Community Development Department approval. Otherwise, sign shall be on-site. Shall be removed from display at the end of each business day. Sign which could be P NA NA NA NA confused with or obstructs the view of a traffic sign or signal , as determined by City Engineer Sign which restricts P NA NA NA NA ingress to or egress from a building Sign on vehicle P NA NA NA NA other than Vehicle sign Temporary Sign on A Height of fence 32 sq. ft. per NR Allowed only for community Fence street frontage signs, as defined in this chapter Sign Type Prohibited, Maximum Sign Maximum Sign Other Sign Regulations Allowed, or Height Sign Area Permit Exempt Temporary Sign on A See F re e-32 sq. ft. per R -one Allowed only in commercial and free-standing standing il on street frontage per time per industrial zones. Sign shall be structure or Portable free-standing site. If no street location. repaired, replaced, or removed structure; 8' frontage, then 32 Ownership when torn, worn, broken, or height il sq. ft. per site. change of dilapidated. Sign shall be portable The total sign business specific to a product or event, area shall be license and shall not include the restricted to one, requires business name or hours. 011- contiguous , new sign site signs shall not be allowed, designated area permit. except that the Planning per s t r e e t Commission may allow a frontage. The temporary sign on a vacant site designated area pursuant to 18.58.100. shall not exceed 12 lineal feet parallel to street frontage. Temporary Gas A NA 2 sq. ft. per sign, NR NA Pump one sign per dispenser Temporary Sign On A Same as Wall See Building sign NR Allowed only in commercial and Wall sign Signs shall be industrial zones. Sign shall be framed. One sign repaired , replaced, or removed per building when torn, worn, broken, or allowed i I dilapidated. Sign shall be unframed. specific to a product or event, and shall not include the business name or hours. 011- site signs shall not be allowed. Signs shall not be located on out buildings. Traffic Control E NA NA NA NA Vehicle A Flush-mounted NA NR Non-illuminated to vehicle Wall A The sign shall See Building sign R NA be contained with i n the outline of the facade. Wayfinding A NIA NIA R Signs shall not create traffic, pedestrian, or other safety hazards, and shall comply with state traffic guidelines. Signs installed must be consistent with the provisions of the Destination Development, Inc. lor the branding, marketing , and signage identification. The size, type, and locations of a sign should be compatible with the area in which it is being proposed. Window or Door A The sign shall See Building sign NR lor NA be contained temporary within the sign: R for perimeter of the permanent window or door sign Sign Type Prohibited, Maximum Sign Maximum Sign Other Sign Regulations Allowed, or Height Sign Area Permit Exempt A = Allowed E = Exempt NA = Not Applicable NR = Not Required P = Prohibited R = Required Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on October 22,2013. Bill J. Ecret, Mayor ATTEST: w . Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney WAC 314-52-070: Outdoor advertising . Page 1 of2 .. ~~~/"L WASlrrNGTOr\ STATE LEGISLATURE p , ' .. Inside the Legislatu re .. Find Your Legislator .. Visiting the Legislature .. Agendas, Schedules and Calendars .. Bill Information .. Laws and Agency Rules .. Legislative Committees .. Legislative Agencies .. Legislative Information Center .. E-mail Notifications '*" Civic Education .. History of the State Legislature Outside the Legislature .. Congress -the Other Washington '*" TVW '*" Washington Courts .. OFM Fiscal Note Website kess Washington· o.Iicl.1 ,... •• c __ .,.,.,."t Woe.t. earch I Help I .. . WACs> Title 314 > Chapter 314-52 > Section 314·52·070 31 4-52-050 « 314-52-070» 31 4-52-080 WAC 314-52-070 Outdoor advertising . Agency filings affecting this section (1) "Outdoor advertising" by manufacturers, importers, distributors, and retail licensees for these purposes shall include all signs affixed or hanging in the windows and on the outside of the premises visible to the general public from the public right of way, advertising the sale andlor service of liquor, excluding trade name and room name signs. (2) The board limits each retail licensed premises to a total of four signs referring to alcoholic beverages, brand names, or manufacturers that are affixed or hanging in the windows and on the outside of the premises that are visible to the general public from the public right of way. The board also limits the size of a sign advertising alcohol, brand names, or manufacturers that are affixed or hanging in the windows and on the outside of the premises that are visible to the general public from the public right of way to sixteen hundred square inches. "Sign" is defined as a board, poster, neon, or placard displayed to advertise. A local jurisdiction has the option to exempt liquor licenses in their jurisdiction from the outdoor advertising restrictions in this section through a local ordinance. (3) Outdoor signs shall be designed, installed, and in compliance with all liquor advertising rules. These rules include, but are not limited to: (a) WAC 31 4-52-01 5 which contains advertising prohibitions; and (b) WAC 314-5 2-11 0 which contains advertising requirements by a retail licensee. (4) Prior board approval is not required before installation and use of outdoor advertising; however, outdoor advertising not in compliance with board rules will be required to be altered or removed at the licensee's expense. If prior approval is desired, the licensee, applicant or their agent may submit a copy to the board for approval. (5) No outdoor advertising of liquor except in subsection (2) of this section, shall be placed within five hundred feet of schools, places of worShip, public playgrounds, or athletic fields used primarily by minors where the administrative body of said schools, churches, public playgrounds or athletic fields object to such placement, or any place which the board in its discretion finds contrary to the public interest. "Tourist Oriented Directional Signs" per RCW 47.36.320, are exempt from this requirement. The five hundred foot distance for outdoor advertising is measured from the property line of the school , place of worship, public playground or athletic field to the outdoor advertising. [Statutory Authority: RCW 66.08 .030, 66.08.060, and 66.28.010. WSR 10- 06-122, § 314-52-070, filed 3/3/10, effective 4/3/10. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66 .04.01 0, 66.08.180, 66.16.100, http://apps.leg.wa.govIWAC/default.aspx?cite=314-52-070 10/2/20 13 WAC 314-52-070: Outdoor advertising. Page 2 of2 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66 .24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66 .28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66 .28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-52-070, filed 9/2/98, effective 1013/98. Statutory Authority: RCW 66.08.060. WSR 86-15-041 (Order 191, Resolution No. 200), § 314-52-070, filed 7/16/86. Statutory Authority: RCW 66.08.030 and/i 66.98.070. WSR 82-17-031 (Order 108, Resolution No. 117), § 314-52-~" 070, filed 8/11/82. Statutory Authority: RCW 66.08 .030, 66.08.060 and .~ 66.98.070. WSR 80-09-078 (Order 73, Resolution No. 82), § 314-52-070, filed 7/18/80; WSR 78-02-056 (Order 62), § 314-52-070, filed 1/20/78; Order 46, § 314-52-070, Rule 122, filed 6/9/76; § 314-52-070, filed 10/27/70, effective 11/27/70; Order 2, § 314-52-070, filed 5/1/69; Rule 122, filed 6/13/63.) http://apps.leg.wa.gov/WAC/defau1t.aspx?cite=314-52-070 10/2/2013 October 1, 2013 Honorable Mayor and Moses Lake City Council Dear Council Members UiLY_~~" -~ CITY OF HOSES LAKE Attached is a resolution repealing Resolution 3200 and adopting a new resolution setting forth the policy with regard to the provision of water and/or sewer utilities outside the corporate limits of the City and setting forth an annexation policy for the City of Moses Lake. The proposed resolution makes some technical changes to the previous policy set forth in Resolution 3200 as shown in the proposed resolution. The proposed resolution is presented to you for your consideration. Respectfully submitted ~~L\ti~-'-~t~nager 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 RESOLUTION NO. A RESOLUTION REPEALING RESOLUTION 3200 AND ADOPTING A NEW RESOLUTION SETTING FORTH A POLICY WITH REGARD TO THE PROVISION OF WATER AND/OR SEWER UTILITIES OUTSIDE THE CORPORATE LIMITS OF THE CITY AND SETTING FORTH AN ANNEXATION POLICY FOR THE CITY OF MOSES LAKE, WASHINGTON Recitals: 1. Previously the City Council adopted Resolution No. 3200 25B setting forth a policy with regard to the provision of water and/or sewer utilities outside the corporate limits of the City and setting forth an annexation policy for the City of Moses Lake, Washington. 2. That policy is now repealed ameAded, .. itheut Fe~eal, by this resolution which adopts a new resolution setting forth a policy with regard to the provision of water and/or sewer utilities outside the corporate limits of the City and setting forth an annexation policy for the City of Moses Lake, Washington. Resolved: 1. The following definitions shall be applicable to the terms used in this resolution. Contiguous Lands means any lands touching or abutting the corporate limits of the City and any lands within one half mile of the corporate limits of the City as measured at the point the corporate limits and the involved lands are closest together. Non-Contiguous Lands means any lands beyond one half mile of the corporate limits of the City as measured at the point the corporate limits and the involved lands are closest together. Provision Deliverv, or Furnishing City Water and/or Sewer Utilities means the extension of water and/or sewer mains, or tapping into an existing water and/or sewer main by a lateral to serve a customer, or the expansion of an existing water and/or sewer use, or any combination of these. City Water means potable water delivered from the water utility system operated by the City. Citv Sewer means the sanitary sewerage collection utility system operated by the City. City Utility Service or Water and/or Sewer Utilities means City water and/or City sewer. Adjacent Lands means any lands located immediately adjacent to a city water and/or city sewer main within the city's Urban Growth Area (UGA) and which lands are contiguous lands as defined herein. 2. Reguests for Extensions: The Moses Lake City Council shall review all requests for the provision of water and/or sewer utilities whether the request involves property which is contiguous or non- contiguous. Only the City Council can grant permission for the provision, delivery, or furnishing of water and/or sewer utilities to anyone beyond the corporate limits of the City, such permission being evidenced by a formal commitment noted in the minutes of a regular City Council meeting. All extensions of water and/or sewer utilities beyond the corporate limits of the City shall be made by the City Council within their sole and complete discretion . 3. Washington statutes and case law provide that cities are not legally required to provide water or sewer or other utility services to properties located outside the city limits, but that cities have the discretion to provide such utilities within its urban growth area as a legislative decision, on terms and conditions set forth in a contract RESOLUTION PAGE 2 4. The City is not the sole or exclusive provider of sewer or water service in any area outside of the City's corporate limits. The city shall not be considered or construed as being the sole or exclusive utility purveyor for any properties outside of the city's corporate limits or within the city's urban growth area. 5. Deliverv of City Water and/or Sewer Utilities to Contiguous Lands: A. The City of Moses Lake will only deliver water and/or sewer utilities to contiguous lands if the owner of those lands annexes those lands into the City, except, if the public's health, safety, and welfare is an issue, as determined by the Grant County Health District, the City may deliver City water and/or City sewer utilities subject to the same conditions applicable to the delivery of City water and/or City sewer utilities to non-contiguous lands. Once within the City the lands will be delivered City utilities as provided by City ordinance. If those contiguous lands are not annexed into the City, the City will deliver neither City water nor City sewer services, except as set forth in subsection b below. B. The City Council may permit the provision of water and/or sewer service to adjacent lands where the water and/or sewer main is adjacent to the property, the property is contiguous lands as defined in this resolution and it is impractical for the property owner to annex the owner's property into the city because of the previous subdivision of the land or other like condition. Each such request wi ll be considered by the City Council on an individual basis and no uniform result as respects such requests is expected where each will be determined by the unique circumstance of each property seeking permission to connect to city water and/or sewer. If the City Council permits adjacent lands to connect to the city water and/or sewer system, the property owner shall first comply with the procedure for the delivery of water and/or sewer to non-contiguous lands as set forth below in Section § 4. 6. Deliverv of City Water and/or Sewer Utilities to Non-Contiguous Lands: The City of Moses Lake will consider the provision of water utilities and/or the provision of sewer utilities to non-contiguous lands when such water is available or when such sewerage capacity is available in the City sewerage system as determined by the City Council ill the City SUJer8ge system upon the conditions listed below: A. The execution of a contract document between the land owner and the City containing the essential elements of the water and/or sewer provision agreement as outlined below. B. The water and/or sewer system to be built and connected to the City water utility or City sewer utility will be built to City standards. C. The execution of necessary document(s) as determined by the City's legal department from the land owner to the City stating in essence that the land owner agrees to have non- contiguous lands annexed to the City at the City's discretion when those lands can be annexed. Further, the document(s) will provide as a condition of receiving City water and/or City sewer that the non-contiguous lands will not be used in any manner inconsistent with the land use controls in place. D. The land owner will survey the non-contiguous lands to be provided City water and/or City sewer if requested to do so by City staff. E. The City water and/or sewer utility services provided to the non-contiguous land will not be changed as to either the scope, nature, or intensity of the use without further approval from the Moses Lake City Council as such change is considered an expansion of the commitment given unless such expansion has already been provided for in the commitment given by the Moses Lake City Council. RESOLUTION PAGE 3 F. Such other conditions as City staff may negotiate as being necessary and as approved by the Moses Lake City Council. G. Failure to comply with any of the conditions of the water and/or sewer provision agreement shall terminate the delivery of water and/or sewer utility services to the non-contiguous land. 7. Any formal commitment given by the City Council to provide water and/or sewer utilities outside the corporate limits of the City shall remain in effect for two (2) years from the date the commitment is given. Within the two (2) year commitment period, the lands involved must actually be tapped into the City's water and/or sewer utilities or the commitment given by the City Council shall be considered automatically withdrawn without further consideration by the City Council. Any documents prepared and delivered by a party pursuant to Section 6. A. ~ and Q e. shall be returned to the land owner if the commitment is terminated. Effective Date: This policy shall control all extensions of City water and sewer utilities after October 8,2013. Adopted by the City Council of Moses Lake, Washington on October 8,2013. Bill J. Ecret, Mayor ATTEST: W. Robert Taylor, Finance Director October 3,2013 TO: City Manager for Council Consideration FROM : Community Development Director SUBJECT: Resolution -Nuisance Abatement Costs -Espinoza Attached is a resolution which affirms the Council's prior authorization to staff to collect the funds expended for the nuisance abatement at 1046 Division. The property is ' owned by Carlos Espinoza. Respectfully submitted Gilbert Alvarado Community Development Director GAjt RESOLUTION NO. A RESOLUTION ESTABLISHING THE BILLING TO BE IMPOSED AGAINST CARLOS CHAVEZ ESPINOZAAS THE OWNER OF CERTAIN REAL PROPERTY UPON WHICH THE CITY CAUSED ABATEMENT OF A NUISANCE TO BE PERFORMED AFTER A FAILURE OF THE PROPERTY OWNER TO ABATE THE SAME. RECITALS: 1. Real Property Location and Ownership. The records of Grant County show that Carlos Chaves Espinoza is the owner of property within the city limits located at 1046 S. Division. The parcel number of this property is 110268000. Carlos Chaves Espinoza 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 Carlos Chaves Espinoza. 2. On August 27, 2013 the City Council conducted a hearing to determine if a nuisance existed on the property at 1046 S. Division. At the conclusion of that hearing, the City Council adopted Resolution No. 3383 which provided a nuisance existed on the property at 1046 S. Division, 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 owner. 3. The nuisance identified in Resolution No. 3383 was not abated by the property owner within fifteen (15) days of the adoption of that resolution. On September 10,2013 the City caused the nuisance identified to be abated through the use of contracted labor and equipment. RESOLVED: 1. The costs to the City to abate the nuisance identified in Resolution 3383 on the property at 1046 S. Division are set forth below. Those costs are derived from the attached documents which detail the costs incurred. 2. The costs to be recovered from Carlos Chaves Espinoza are: City labor and equipment costs Contracted labor and equipment -Dircio's Landscaping Total $0.00 $183.34 $183.34 3. This charge is certified by the City Council as due and owing the City. This charge shall be forwarded in writing to Carlos Chaves Espinoza 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 the Grant County Clerk. Adopted by the City Council on October 8, 2013. ATTEST: Bill J. Ecret, Mayor W. Robert Taylor, Finance Director DIRCIO'S LANDSCAPING P_O box 682 Ephrata W_A 98823 Phone: (509) 237-1018 E-Mail DIRCIOS_LANDSCAPING@HOTMAIL_COM Bill To: City of Moses Lake NOTE: Mow everything down around the three houses. Price for labor and mowers are all include. Date 1 Times . Description Unit Price Total ,------------------------------------------------------T--------.-:-----1--------I ----------.---------------.--------~.--------------------.-_. 1 9972 sunny Drive NE --------1--------------------------+----j-------- 1 9859 Olimpic Drive NE )8J-j J ----_ -------------1------4--------- 1 1046 South Division Ie},,} '/ Total 550_00 Invoice 09/10 113 ~-------------] ------------------I 10 days after job is Payment due date: complete -----------------_ .. _-------_. October 3,2013 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Resolution -Nuisance Abatement Costs -McCourtie Attached is a resolution which affirms the Council's prior authorization to staff to collect the funds expended for the nuisance abatement at 9859 NE Olympic. The property is owned by Robert McCourtie. Respecz;;~mitted Gilbert Alvarado Community Development Director GA:jt RESOLUTION NO. A RESOLUTION ESTABLISHING THE BILLING TO BE IMPOSED AGAINST ROBERT MCCOURTIE AS THE OWNER OF CERTAIN REAL PROPERTY UPON WHICH THE CITY CAUSED ABATEMENT OF A NUISANCE TO BE PERFORMED AFTER A FAILURE OF THE PROPERTY OWNER TO ABATE THE SAME. RECITALS: 1. Real Property Location and Ownership. The records of Grant County show that Robert McCourtie is the owner of property within the city limits located at 9859 NE Olympic Drive. The parcel number of this property is 120460000. Robert McCourtie 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 Robert McCourtie. 2. On August 27, 2013 the City Council conducted a hearing to determine if a nuisance existed on the property at 9859 NE Olympic Drive. At the conclusion of that hearing, the City Council adopted Resolution No. 3382 which provided a nuisance existed on the property at 9859 NE Olympic Drive, 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 owner 3. The nuisance identified in Resolution No. 3382 was not abated by the property owner within fifteen (15) days of the adoption of that resolution. On September 10, 2013 the City caused the nuisance identified to be abated through the use of contracted labor and equipment. RESOLVED: 1. The costs to the City to abate the nuisance identified in Resolution 3382 on the property at 9859 NE Olympic Drive are set forth below. Those costs are derived from the attached documents which detail the costs incurred. 2. The costs to be recovered from Robert McCourtie are: City labor and equipment costs Contracted labor and equipment -Dircio's Landscaping Total $0.00 $183.33 $183.33 3. This charge is certified by the City Council as due and owing the City. This charge shall be forwarded in writing to Robert McCourtie 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 the Grant County Clerk. Adopted by the City Council on October 8,2013. ATTEST: Bill J. Ecret, Mayor W . Robert Taylor, Finance Director DIRCIO.S LANDSCAPING P.O box 682 Ephrata W.A 98823 Phone: (509) 237'1018 E'Mail: DIRCIOS_LANDSCAPING@HOTMAIL.COM Bill To: City of Moses Lake NOTE: Mow everything down around the three houses. Price for labor and mowers are all include. ," ------'-"1-'--'-.-.--.. -.. -.--............ --------.. --.-.. ----.--.. --.----'--'--1 I Date Times . Description Unit Price Total 1 9972 sunny Drive NE /,8 7, J3 ----.---'-.-.-----.---.. -------.-l------------ 1 9859 Olimpic Drive NE 1/83'. "3} -----.-.-------------1'------1-.---.-- 1 1046 South Division Total 550.00 Invoice 09/10 113 [ _____ ~a~ ____ .. =r~ ___ ] l ~=~~~ __ ~~_~~~E~eJ_~=-"::=_=] ~:y~~~~~~~_~;~J. ~;;!~;r;r ~:~~~ -_~_·~.I October 3, 2013 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Resolution -Nuisance Abatement Costs -Huff Attached is a resolution which affirms the Council's prior authorization to staff to collect the funds expended for the nuisance abatement at 9972 NE Sunny. The property is owned by Roland C. and Anastacia Huff. Gilbert Alvarado Community Development Director GAjt RESOLUTION NO. A RESOLUTION ESTABLISHING THE BILLING TO BE IMPOSED AGAINST ROLAND C. AND ANASTACIA HUFF AS THE OWNERS OF CERTAIN REAL PROPERTY UPON WHICH THE CITY CAUSED ABATEMENT OF A NUISANCE TO BE PERFORMED AFTER A FAILURE OF THE PROPERTY OWNER TO ABATE THE SAME. RECITALS: 1. Real Property Location and Ownership. The records of Grant County show that Roland C. and Anastacia Huff are the owners of property within the city limits located at 9972 NE Sunny Drive. The parcel number of this property is 120405000. Roland C. and Anastacia Huff were 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 Roland C. and Anastacia Huff. 2. On August 27, 2013 the City Council conducted a hearing to determine if a nuisance existed on the property at 9972 NE Sunny Drive. At the conclusion of that hearing, the City Council adopted Resolution No. 3384 which provided a nuisance existed on the property at 9972 NE Sunny Drive, that the owners 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. 3384 was not abated by the property owners within fifteen (15) days of the adoption of that resolution. On September 10, 2013 the City caused the nuisance identified to be abated through the use of contracted labor and equipment. RESOLVED: 1. The costs to the City to abate the nuisance identified in Resolution 3384 on the property at 9972 NE Sunny Drive are set forth below. Those costs are derived from the attached documents which detail the costs incurred. 2. The costs to be recovered from Roland C. and Anastacia Huff are: City labor and equipment costs Contracted labor and equipment -Dircio's Landscaping Total $0.00 $183.33 $183.33 3. This charge is certified by the City Council as due and owing the City. This charge shall be forwarded in writing to Roland C. and Anastacia Huff 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 October 8, 2013. ATTEST Bill J. Ecret, Mayor W. Robert Taylor, Finance Director DIRCID.S LANDSCAPING P .O box 682 Ephrata W.A 98823 Phone: (509) 237-1018 E-Mail: DIRCIOS_LANDSCAPING@HOTMAIL.COM Bill To: City of Moses Lake NOTE: Mow everything down around the three houses_ Price for labor and mowers are all include. r--.--------_ .. Date -.-.-----........ -.,-.--.. ---.. -.. -----.-.-------T .. -.--.. ---1-··--·-·---r Times ! Description · Unit Price Total ~ 1 9972 sunny Drive NE /07.13 -------_ .. _---------------------- 1 9859 Olimpic Drive NE /81.Jj -----1-·------· -------------,--------.------- 1 1046 South Division Total 550.00 Invoice 09/10 /13 ~--------------. -------------·--1 I I 10 days after job is Payment due date: complete ._. _________ -_______ -______ 1 September 4, 2013 TO : City Manager for Council Consideration FROM: Community Development Director SUBJECT: Resolution -Nuisance Abatement -Medel Attached is a resolution providing for the abatement of nuisances at 1421 Fern Drive, owned by Ray Medel. The Council should hold a hearing to consider the allegations ofthe 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 cons ideration . Re,pe~ed Gilbert Alvarado Community Development Director GA:jt RESOLUTION NO. A RESOLUTION DETERMINING THAT RAY MEDEL IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT ANUISANCE 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 1421 Fern Drive (Lot 19, Harwood), Parcel #100045000, Moses Lake, Washington , is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 12.24.050 and 8.14.030 U. The records of Grant County show the owner of the subject property to be Ray Medel, 4296 Stratford Road NE, Moses Lake, WA 98837. 2. Notice. On September 3, 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 26, 2013 the Code Enforcement Officer caused to be delivered to Ray Medel a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of October 8, 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 12.24.050 and 8.14.030 U- 12.24.050 Public Nuisances Caused by Plantlife: Plantlifethat overhangs any municipal improvement or grows in such a manner as to obstruct or impair the free and full use of any municipal improvement by the public may be considered a public nuisance. All plantlife shall be trimmed to provide for a minimum of seven feet (1') of vertical clearance above all sidewalks or activity trails and twelve feet (12') of vertical clearance above all streets or parking places. The enforcing authority may declare plantlife a public nuisance for reasons of disease and exotic characteristics. All plantlife that causes destruction of municipal improvements shall be considered a public nuisance. The owner shall be liable for all damages that are caused by plantlife to municipal improvements. 8.14.030 Nuisance Defined. Each of the following conditions, unless otherwise permit- ted 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. RESOLUTION NO. Page 2 October 8, 2013 U. Except for any designated public park land , natural area, or environmentally sensitive area , or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing , or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan , which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. 4. Hearing. On October 8, 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: EXHIBIT #1 : Moses Lake MuniCipal Code Chapter 8.14.030 U EXHIBIT #2: Moses Lake Municipal Code Chapter 12.24 .050 EXHIBIT #3: Notice of Violation and Orderto Correct or Cease Activity dated September 3, 2013 from the Code Enforcement Officer addressed to Ray Medel, 4296 Stratford Road NE, Moses Lake, WA 98837 EXHIBIT #4: Pictures taken by Code Enforcement Officer of the property located at 1421 W . Fern, Moses Lake, Washington EXHIBIT #5: Letter dated September 26,2013 from the Code Enforcement Officer to Ray Medel advising the property owner of the hearing regarding abatement of property, scheduled for October 8, 2013. RESOLUTION NO. Page 3 Resolved: October 8, 2013 1. A public nuisance in violation of MLMC 12.24.050 and 8.14.030 U exists on the subject property at 1421 W. Fern , Moses Lake , Washington . Ray Medel, 4296 Stratford Road NE, Moses Lake, WA 98837 is the record contract owner of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: 2.1. Hedge covering sidewalk and blocking road 2.2 Weeds over 12" in height 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 4. Ray Medel, the record contract owner, has fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 4.1 Trim hedge to clear sidewalk and curb area 4.2 Cut and remove weeds 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 abo ve, 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 co llection . 6. A cop y 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 October 8, 2013. Bill J. Ecret, Mayor ATTEST: W . Robert Taylor, Finance Director 8.14.030 A B. C. D. E. F. G. H. I. J. K. L. M. Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer deter- mines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to th is 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 an imal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the city. 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 6. Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric- a-brac, broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or galvanized iron receptacles. 7. Any trash, litter, rags, accumUlations orempty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire hazard. N. The permitting to remain outside any dwelling, building, or other structure, or within any unoccupied or abandoned building, dwelling, or other structure, in a place accessible to children, any abandoned, unattended, or discarded ice chest, refrigerator or other airtight contained, which does not have the door, lid or other locking device removed. o. Any pit, hole, basin or excavation which is unguarded or dangerous to life or has been abandoned, or is no longer used for the purpose constructed, or is maintained contrary to statutes, ordinances, or regulations. P. Any well or storage tank permitted to remain on any public or private property without being securely closed or barring any entrance or trap door thereto, or without filling or capping any well. Q. The repair or abandonment of any automobile, truck, or other motor vehicle of any kind upon the public streets or alleys of the city. R. The keeping or permitting the existence of any bees or other insects, reptiles, rodents, fowl, or any other animals, domestic or wild, in any manner contrary to law, or which affect the safety of the public. s. The existence of any fence, other structure, or thing on private or public property abutting or fronting upon any public street, sidewalk, or place, which is sagging, leaning, fallen, decayed or is otherwise dilapidated and creating an unsafe condition. T. The existence of any vine, shrub, or plant growing on, around, or in front of any fire hydrant, utility pole, utility box, or any other appliance or facility provided for fire protection, public or private utility purposes in such a way as to obscure from view or impair access thereto. Exhibit 1 Page 2 of 4 U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing , or scraping, is implemented immediately. V. The existence of any dead , diseased, infected, or dying tree, shrub, or other vegetation which may pose a danger to vegetation, crops, property, or persons. W. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard. X. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material. Y. The storage or keeping on any premises for more than thirty days of any used or unused bu ilding materials as defined in Section 8.14.010 (F), whose retail cost new would exceed one hundred dollars, without a special permit from the building official; provided, that nothing herein shall: 1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion. 2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard, dealer in building materials or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable laws. 3. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws. Z. The existence on any premises of any unused and abandoned trailer, house tra iler, 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 bod ies, garbage and the like, or storing of any material of any kind , provided that in res idential 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, orthe 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 boa rded 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 regu lating or authorizing the use of suCh property. Exhibit 1 Page 4 of 4 12.24.050 Public Nuisances Caused by Plantlife: Plantlife that overhangs any municipal improvement or grows in such a manner as to obstruct or impair the free and full use of any municipal improvement by the public may be considered a public nuisance. All plantlife shall be trimmed to provide for a minimum of seven feet (7') of vertical clearance above all sidewalks or activity trails and twelve feet (12') of vertical clearance above all streets or parking places. The enforcing authority may declare plantlife a public nuisance for reasons of disease and exotic characteristics. All plantlife that causes destruction of municipal improvements shall be considered a public nuisance. The owner shall be liable for all damages that are caused by plantlife to municipal improvements. Exhibit 2 CITY OF MOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Ray Medel 4296 Stratford Rd NE Moses Lake, WA 98837 NOTICE OF VIOLATION Provisions of the City of Moses Lake Code Violated: Moses Lake Municipal Codes 12.24.050 and 8.14 .030U Street Address of Violation: 1421 W Fern, Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: Lot 19 harwood 100045000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Trim hedge to clear sidewalk and curb area cut weeds on property 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 Friday, September, 13,2013 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: Exhibit 3 Page 1 of2 City Manager 764-370]· City Attorney 764-3703 · Community Development 764·3750· Finance 764-3717· Fire 765-2204 Municipal Services 764-3783· Municipal Court 764-370]· Parks & Recreation 764-3805· Police 764-3887· Fax 764-3739 401 S Balsam St., P.O. Drawer 1579 · Moses Lake, WA 98837-0244 · www.cityofml.com I. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [1 .20.050(E)( I)). 2. If a penalty has been assessed pursuant to 1.20.050(E)(l), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (10) DAYS, PURSUANT TO SECTION 20.03 .050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN THIS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIATE ACTION. Dated this Tuesday, September 03, 2013 Clair Harden Code Enforcement Officer I City of Moses Lake 509-764-3746 Exhibit 3 Page 2 of2 8/21/2013 13:20 13:2t- Exhibit 4 Page 3 of3 September, 26, 2013 Ray Medel 4296 Stratford Rd NE Moses Lake, WA 98837 CITY Of MOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 1421 W Fern, Parcel 100045000, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail Ray Medel 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 19 harwood. This property is located at: 1421 W Fern, Parcel 100045000, Moses Lake, WA 98837 On Wednesday, September 04,2013 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 26, 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, October 08, 2013 which is more than ten days from the date of this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of the subject property. At that hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA,phone 509-764-3701. Sincerely, ~ Code Enforcement Officer I 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 765-22 04 Municipal Services 764-3783 · Municipal Court 764-3701 · Parks & Recreation 764-3805 · Police 764-3887 · Fax 764 ·3739 401 S Balsam St.· P.O. Drawer 1579 · Moses Lake, WA 98837-0244 · www.cityofml.com September 4, 2013 TO: City Manager for Council Consideration FROM : Community Development Director SUBJECT: Resolution -Nuisance Abatement -Martinez Attached is a resolution providing for the abatement of nuisances at 537 N. Monarch, owned by Andres and Karlene Martinez. 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 tAr Gilbert Alvarado Community Development Director GAjt RESOLUTION NO. A RESOLUTION DETERMINING THAT ANDRES AND KARLENE MARTINEZ, JR. 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 537 N. Monarch (Lot 10, Ridgecrest Major Plat) Parcel #11 096751 0, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 U. The records of Grant County show the owner of the subject property to be Andres and Karlene Martinez, Jr., 537 N. Monarch, Moses Lake, WA 98837. 2. Notice. On August 26,2013, 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 26, 2013 the Code Enforcement Officer caused to be delivered to Andres Martinez a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of October 8, 2013. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 U -8.14.030 Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include RESOLUTION NO. Page 2 October 8, 2013 plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. 4. Hearing. On October 8, 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 Orderto Correct or Cease Activity dated August 26, 2013 from the Code Enforcement Officer addressed to Andres Martinez, 537 N. Monarch, Moses Lake, WA 98837 EXHIBIT#3: Pictures taken by Code Enforcement Officer of the property located at 537 N. Monarch, Moses Lake, Washington EXHIBIT #4: Letter dated September 26, 2013 from the Code Enforcement Officer to Andres Martinez advising the property owner of the hearing regarding abatement of property, scheduled for October 8, 2013. 1. A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 537 N,. Monarch, Moses Lake, Washington. Andres and Karlene Martinez, Jr., 537 N. Monarch, 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 over 12" in height 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 4. Andres and Karlene Martinez, Jr., 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 RESOLUTION NO . Page 3 October 8, 2013 be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 4.1 Cut and remove weeds 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 October 8, 2013. Bill J. Ecret, Mayor ATTEST: w. Robert Taylor, Finance Director 814030 A B. C. D. E. F. G. H. I. J. K. 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. L. Dumping, throwing, placing, leaving or causing or permitting to be dumped, thrown, placed or left, any filth, paper, cans, glass, rubbish, trash garbage, grass trimmings, shrub trimming, and shrubbery of any kind, in or upon any street, alley, sidewalk, ditch, or public or private property of another in the city. M. The erecting, maintaining, using, placing, depositing , leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, 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, bu ildings 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, un less 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 wh ich flies or rats may breed or multiply or which may be a fire hazard. N. The permitting to remain outside any dwelling, building , or other structure, or within any unoccupied or abandoned building, dwelling, or other structure , in a place accessible to children, any abandoned, unattended, or discarded ice chest, refrigerator or other airtight contained, which does not have the door, lid or other locking device removed. O. Any pit, hole, basin or excavation which is unguarded or dangerous to life or has been abandoned, or is no longer used for the purpose constructed , or is maintained contrary to statutes, ordinances, or regulations. P. Any well or storage tank permitted to remain on any public or private property without being securely closed or barring any entrance or trap door thereto, or without filling or capping any well. Q. The repair or abandonment of any automobile, truck, or other motor vehicle of any kind upon the public streets or alleys of the city. R. The keeping or permitting the existence of any bees or other insects, reptiles, rodents, fowl , or any other animals, domestic or wild, in any manner contrary to law, or which affect the safety of the public. S. The existence of any fence, other structure, or thing on private or public property abutting or fronting upon any public street, sidewalk, or place, which is sagging, leaning, fallen, decayed or is otherwise dilapidated and creating an unsafe condition. T. The existence of any vine, shrub, or plant growing on , around , or in front of any fire hydrant, utility pole, utility box, or any other appliance or facility provided for fire protection, public or private utility purposes in such a way as to obscure from view or impair access thereto. Exhibit 1 Page 2 of 4 U. Except for any designated public park land , natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. V. The existence of any dead, diseased, infected, or dying tree, shrub, or other vegetation which may pose a danger to vegetation, crops, property, or persons. W. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard . X. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, parkway or other public place wh ich is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material. Y. The storage or keeping on any premises for more than thirty days of any used or unused building materials as defined in Section 8.14.010 (F), whose retail cost new would exceed one hundred dollars, without a special permit from the building offiCial; provided, that nothing herein shall: 1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion. 2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard , dealer in building materials or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable laws. 3. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws. Z. The existence on any premises of any unused and abandoned trailer, house trailer, automo- bile, boat or other vehicle or major parts thereof. AA. The keeping or maintenance in any area on private property which is clearly visible from a public street, sidewalk, park or other public area any accumulation, collection or untidy storage of any of the fo llowing: old appliances or parts thereof; old iron , steel, aluminum or other metal; inoperable vehicles, vehicle parts, machinery or equipment; mattresses, bedding, clothing , rags or cloth; straw, packing materials, cardboard or paper, tin cans, wire, bottles, glass, cans, barrels, bins, boxes, containers, ashes, plaster or cement; or wood . This determination shall not apply to conditions completely enclosed within a building or fencing so as not to be visible from public property. BB . The keeping, permitting or harboring of any fowl, pigeons, rabbits, hoofed or cloven footed animals, except for caged birds kept within a residence or business. Exhibit 1 Page 3 of 4 CC. The depositing of any debris, vegetation, lawn clippings , lumber piles, wood piles, auto parts or bodies, garbage and the like, or storing of any material of any kind, provided that in residential zones that shall include garbage cans or refuse containers in the alleys of the city, except on garbage pickup day. DD. The existence of graffiti, which is defined as a defacing, damaging, or destructive inscription, figure or design painted, drawn or the like, on the exterior of any building, fence, gate, or other structures or on rocks, bridges, trees, or other real or personal property. EE. The locating of automobiles, trucks, recreational vehicles, trailers, boats, or any other vehicles, vessels, or the like for the purpose of advertising its sale on property located in any commercial or industrial zone not owned by the seller. FF. The permitting of any condition or situation where the soil has been disrupted, disturbed, or destablized so as to allow blowing dust to exist. GG. The existence on any premise any unsecured, unused, or abandoned building or structures. HH. For any building the existence of any broken glass in windows or doors for more than thirty (30) days. II. Buildings or portions thereof that have faulty weather protection, such as openings in walls and roofs. Faulty weather protection shall include temporary weather barriers, such as tarps, plastic or similar material, left in place for more than thirty (30) days. JJ. Any building which has a window, door, or other exterior opening closed by extrinsic devices or some other manner, with material that has not been painted to match or compliment the buildings exterior or remains boarded up for more than sixty (60) days. KK. Any boarded up building that remains boarded up for more than ninety (90) days. LL Permitting any violation of RCW 59.18.510 in any rental dwelling unit. MM . Criminal street gangs and any pattern of criminal street gang activity are each declared to be a public nuisance in violation of this chapter and other applicable code provisions, including but not limited to the Uniform Code for the Abatement of Dangerous Buildings and State Housing Code, subject to abatement through all available means. In addition thereto and without limitation, any pattern of criminal street gang activity upon, and the presence and use of property by, a criminal street gang, with the owner's knowledge or consent, constitutes a public nuisance and grounds for revocation of any permit or license regulating or authorizing the use of such property. Exhibit 1 Page 4 of 4 ,-,.. .... -~,~ ..... ~ ..- CITY Of HOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Andres Martinez 537 N Monarch St 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: 537 N Monarch St, Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: Lot 10 Ridgecrest Major Plat 110967510 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Weeds must be removed from this property. 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 1 of2 City Manager 764·3701· City Attorney 764·3703· Commuruty 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. DraVl'er 1579 · Moses Lake, WA 98837-0244 · www.cityofml.com I. Any violation for which a Notice of Violation and Order to Correct or Ceast. 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 offive 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 THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (I 0) DAYS, PURSUANT TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN THIS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIATE ACTION. Dated this Monday, August 26, 2013 Brett Hollen Code Enforcement City of Moses Lake 509-764-3748 Exhibit 2 Page 2 of2 9/4/2013 10 :31 September, 26, 2013 Andres Martinez 537 N Monarch St Moses Lake, WA 98837 CITY OF HOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 537 N Monarch St, Parcel 110967510, Moses Lake, W A 98837 Via Regular Mail and Return Receipt Mail Andres Martinez 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 10 Ridgecrest Major Plat. This property is located at: 537 N Monarch St, Parcel 110967510, Moses Lake, WA 98837 On Monday, August 26, 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 26, 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, October 08, 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 wi'sh for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, W A, phone 509-764-370 l. Sincerely, Code Enforcement Officer I 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 764-370)· Parks & Recreation 764-3805 · Police 764-3887 · Fax 764-3739 401 5 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 forthe 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 public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. The resolution is attached for Council consideration. Gilbert Alvarado Community Development Director GAjt RESOLUTION NO. 3402 A RESOLUTION DETERMINING THAT WARD AND KHANITTA WOMBOlDT ARE THE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REOUIRINGABATEMENT 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 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 & Khanitta Womboldt, 637 Rupert Road, Oualicum 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 & Khanitta 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. The property owner was notified that the hearing was rescheduled for October 8, 2013 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 requirements for sidewalk service requirements. RESOLUTION NO. 3402 Page 2 October 8, 2013 4. Hearing. On October 8, 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, Qualicum Beach BC V9K 1 R3 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 and was notified that the hearing was rescheduled to October 8, 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, Qualicum 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. 3402 Page 3 October 8, 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 October 8, 2013. Bill J. Ecret, Mayor ATTEST: w. Robert Taylor, Finance Director 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 requirements for sidewalk service requirements. Exhibit 1 Page 1 of 1 CITV of MOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTMTY TO: Ward & Khanitta Womboldt 637 Rupert RD Qualicum Beach BC V9K IR3 NOTICE OF VIOLATION Provisions of the 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 assessorlog 110475187 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTMTY 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 PENAL TIES: Exhibit 2 Page I of2 City Manager 764-3 701 · City Attorney 764·3703 · Community Development 764·3750· Finance 764·3717· Fire 765·2204 Municipal Services 764-3783· Municipal COUIt 764-3701 · Parks & Recreation 764-3805 · Police 764-3887 · Fax 764·3739 401 S Balsam St.· P.O. Drawer 1579 · Moses Lake, WA 98837-0244· www.cityofml.com I. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [1.20.050(E)(1)]. 2. If a penalty has been assessed pursuant to 1.20.050(E)(J), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL TIllS NOTICE AND ORDER TO THE HEARING EXAMINER WITIIIN TEN (! 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 TRA T 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 Tuesday. August 06, 2013 Clair Harden Code Enforcement Officer I City of Moses Lake 509-764-3746 Exhibit 2 Page 2 of2 EXhibit 3 Page I of3 Exhibit 3 Page 2 of3 • Exhibit 3 Page 3 of3 September, 11 ,2013 Ward & Khanitta Womboldt 637 Rupert RD Qualicum Beach BC V9K IR3 Re: Hearing to Permit City Abatement of Nuisance Property located at: 1903 WMarina, 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, WA 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 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 IS. Balsam, Moses Lake, WA, phone 509-764-3701. Code Enforcement Officer I cc: City Manager City Attorney Community Development Director Exhibit 4