FINAL 2023 0523 Council Agenda PacketMoses Lake City Council
Don Myers, Mayor | Deanna Martinez, Deputy Mayor | Dustin Swartz, Council Member | Mark Fancher, Council Member
David Eck, Council Member| Judy Madewell, Council Member| David Skaug, Council Member
Tuesday, May 23, 2023
Moses Lake Civic Center – 401 S. Balsam or remote access*
Study Session
6 p.m. – Code Enforcement Update - Community Development, Police and Fire
Regular Meeting Agenda
Call to Order – 6:30 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Presentation – Grant Behavioral Health & Wellness – Dell Anderson, Executive Director
Citizen’s Communications**
Summary Reports:
Mayor’s Report
-Key to the City – Miyo Koba, Karneetsa Women in American History Honoree
Additional Business
City Manager’s Report
Public Hearing **
#1
Motion
pg 4
Miscellaneous Code Amendments Ordinance 3025
Presented by Kirsten Sackett, Community Development Director
Summary: Hear from public and consider adoption
Moses Lake Council Packet 5-23-23, Page 1 of 130
May 23, 2023, City Council Meeting Page 2 _________________
Consent Agenda Motion
All items listed below are considered to be routine and will be enacted by one motion. There will be no
separate discussion of these items unless a Council Member requests specific items to be removed
from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the
Consent Agenda.
#2 pg 79
a.City Council Meeting Minutes Dated April 25 and May 4, 2023
b.Claims and Payroll
c.Police Unmanned Aircraft System Program Resolution 3938
d.Grant County ESG-CV Contract Amendment
e.Accept Biosolids Land Application Project
Old Business
#3
Motion
#4
Motion
pg 102
Interim Covered/Enclosed Parking Ordinance 3026
Presented by Kirsten Sackett, Community Development Director
Summary: Council to review and consider adoption
pg 109
Vehicle Impound and Parking Regulations Ordinance 3027
Presented by Katherine Kenison, City Attorney
Summary: Council to review and consider adoption
New Business
#5
Motion
pg 128
Additional Police Officers
Presented by Allison Williams, City Manager
Summary: Council to review and consider approval
Administrative Reports
-Groundworks Lease Extension Update (Sleep Center)
Council Committee Reports
Adjournment
Next Regular Council Meeting is scheduled for June 13, 2023
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
Moses Lake Council Packet 5-23-23, Page 2 of 130
May 23, 2023, City Council Meeting Page 3 _________________
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Moses Lake Council Packet 5-23-23, Page 3 of 130
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Allison Williams, City Manager 10895
Kirsten Sackett Community Development
5/23/2023 Public Hearing
Miscellaneous Code Amendments Ordinance
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
0.00$0.00$0.00$
The Community Development Department has prepared minor miscellaneous text amendments to the Moses Lake
Municipal Code (MLMC). A er a public hearing held on December 15, 2022, the City of Moses Lake Planning
Commission reviewed the proposals and recommended that the City Council review and approve the amendments.
The recommenda ons affect the following por ons of the MLMC Titles:
· Title 16 Buildings and Construc on
· Title 17 Subdivisions
· Title 18 Zoning
· Title 20 Development Review Process
Staff recommends that City Council upholds the recommendation of the Planning Commission and approves
the 2022 Miscellaneous text amendments to the Moses Lake Municipal Code through adoption of the
Ordinance.
2022 Miscellaneous text amendments MLMC Ordinance.docx 60.77KB
121522 PC Meeting Packet.pdf 563.35KB
The City of Moses Lake is in the process of a complete update and overhaul of its development code Title 14 through
Title 19, crea ng a unified development code. The overhaul is expected to be completed in late 2023. In the interim,
minor amendments have been iden fied that may relieve undue burden to ci zens of Moses Lake, address new or
pending code updates, and provide for a more streamlined permi ng process. On June 16, 2022, the Planning
Commission received outline and summary of the requested amendments during a study session and stated that the
progression of the amendments should move forward in a posi ve manner. The review process to date is as follows:
Moses Lake Council Packet 5-23-23, Page 4 of 130
1. On June 16, 2022, the Planning Commission held a workshop to review the development code dra amendments
and ini ated the amendment process pursuant to MLMC Chapter 19.55.
2. On October 13, 2022, the Washington State Department of Commerce Request for Review with an Expedited
Review required was transmi ed
3. On October 27, 2022, the Washington State Department of Commerce granted the Expedited Review pursuant to
RCW 36.70A.106. This state agency review period was reduced to 14 days from the typical 60-day review period.
4. The City of Moses Lake issued a SEPA Determina on of Non-Significance on October 2, 2022, regarding this non-
project ac on.
5. The SEPA public comment period ended October 18, 2022.
6. The City of Moses Lake Stormwater System Manager provided comment on October 13, 2022 regarding the
grading and excava on threshold (a ached). In summary, the Stormwater System Manager requested that the
Planning Commission change the threshold to an area of ½ acre rather than that of 500 cubic yards.
7. Public Hearing No ce was published on December 1, 2022.
8. On December 15, 2022, the Planning Commission held a public hearing on the proposed amendments. Two
people tes fied at the hearing in support of a text amendment to allow mini-storage facili es in the Heavy Industrial
zone.
Below is a summary of the proposed amendments.
Title 16 Buildings and Construc on
The purpose of Title 16 is to adopt rules and regula ons for the protec on of the health, safety and general welfare
of the public governing the crea on, construc on, enlargement, reloca on, conversion, altera on, repair, occupancy,
use, height, court area, sanita on, ven la on, and maintenance of all buildings and structures within the City.
In general, the changes to Title 16 include a reduc on in the amount of material that can be moved before a grading
permit is required. Currently, up to 5,000 cubic yards can be moved before a grading permit is required. For
reference, a standard dump truck can carry between 10-16 cubic yards of material. The change to require a grading
permit at 500 cubic yards matches the threshold that is required for environmental review. In addi on, Community
Development has been asked to revisit this threshold to allow projects to begin the open public comment with
environmental review in advance of final design and construc on of larger development.
Furthermore, the overall amendment to Title 16 achieves consistency between the Moses Lake Code and the State
Building Code. The State Building Code is updated every two years and the City has the opportunity to adopt some or
all of the changes.
In order to enable good prac ces, consistency between codes and statutes reduces opportuni es for error when
communica ng with the public.
The final sec on of Title 16 that is proposed for amendment deals with building prior to finaliza on of a subdivision.
Council is familiar with the City’s requirement that property must be legally subdivided (pla ed) prior to the issuance
of a building permit. Sec on MLMC 16.02.045 Building Prior to Filing Final Plat[1] recognizes that the property is in
the process of being legally subdivided in that the owner has commi ed to developing the property to city
standards. It is in this transi on stage (preliminary subdivision approval and recording of final plat map) that the City
o en receives requests from the developers to begin construc on on the property being subdivided. This sec on of
the MLMC allows construc on to begin before the final plat is recorded at the Grant County Auditor’s office. This
sec on of the Code, as wri en, has been interpreted in various ways and the amendment is intended to clarify the
code, set clear expecta ons, and reduce liability regarding the number of units constructed on the property before it
has met all the requirements to be legally subdivided.
Title 17 Subdivision
Title 17 Subdivision is intended to regulate the subdivision of land and promote the health, safety, and general
welfare in accordance with standards established by the City and the State: to prevent the overcrowding of land; to
lessen conges on in the streets and highways; to provide for adequate light and air; to facilitate adequate provision
for water, sewage, park and recrea on areas, sites for schools and school grounds, and other public requirements; to
provide for proper ingress and egress; and to require uniform monumenta on of land subdivisions and conveyance
of proper es by accurate legal descrip on.
The amendment to Sec on MLMC 17.12.150 Final Major Subdivision Recommenda on and Approval is intended to
expedite the process of final recording of major plats by allowing the City Manager to sign the document on behalf
of the Hearing Examiner Currently the Hearing Examiner is tasked with final approval and therefore signs the final
Moses Lake Council Packet 5-23-23, Page 5 of 130
of the Hearing Examiner. Currently the Hearing Examiner is tasked with final approval, and therefore signs the final
document (plat map). To execute this ac on typically the Planning Technician coordinates schedules with the Hearing
Examiner and drives the document to Wenatchee for signature. At mes the document has been mailed to the
Hearing Examiner and mailed back to the City a er signature by the Hearing Examiner. Obviously neither method is
op mal or expedi ous. As proposed, the Hearing Examiner will con nue to review the Final Major Subdivision
applica on, assuring that all condi ons of approval have been met, issue a wri en approval, and the City Manager
will sign the final plat for recording upon receipt of the wri en approval.
The second proposed amendment to Title 17, applies to Sec on MLMC 17.18.070 Binding Site Plan Final Recording.
Currently there is no expira on of approval for a Binding Site Plan (BSP). Other divisions of land ac ons have
expira on of approvals should the applicant fail to act on the approval. Approval of a preliminary major subdivision
expires in five years, and preliminary approval of a short subdivision expires in one year. The BSP approval process is
administra ve, an alterna ve to standard subdivision, and similar to the approval of a preliminary short subdivision.
Therefore, the recommenda on is to apply a one-year expira on to the BSP approval. This addi on is consistent with
State Statutes and ensures protected ves ng rights of the applicant and City. If not consistent with statutes and/or
other subdivision processes, a challenge can be made to any BSP that is processed without the benefit of protec on
by adopted statutes.
Title 18 Zoning
Title 18 Zoning is adopted for the purpose of promo ng the health, safety, and general welfare of the City’s
popula on, and to promote an orderly, balanced use of land, and to guide the City’s future growth through
comprehensive, consistent and careful planning.
The first zoning proposed amendment in Title 18 is to MLMC 18.30.030 D. Land Uses In Commercial Zones, Table.
The amendment will allow municipal buildings in the C-2-Commercial Zone with a Condi onal Use Permit.
The second amendment proposed is to the Heavy Industrial Zone Table, MLMC 18.040 E, Table 1: Land Uses in
Industrial zones. The proposal will allow mini-storage facili es as an outright use in the Heavy Industrial zone.
Both amendments resolve short-term and known limita ons within the Code. The Code update will address the
long-term and overall objec ves of the Comprehensive Plan and address many known limita ons to development.
Title 20 Development Review Process
Title 20 Development Review Process establishes the procedures for reviewing applica ons. The regula on of land
development is a coopera ve ac vity including many different elected and appointed boards and City staff. The
specific responsibili es of these bodies is set forth within Title 20. A developer is expected to read and understand
the City Development Code and be prepared to fulfill the obliga ons placed on the developer by
Titles 14 through 19.
The two amendments to MLMC 20.07.010 deal with the No ce of Applica on (NOA), this is the required no ce to
the public that the City has received a land use applica on. The first change removes the requirement that the NOA
include a hearing date and a statement that a decision on the applica on must be made within 120 days of the
No ce of Completeness when issuing a NOA. The purpose of removing the hearing date requirement is to avoid
confusion should the date need to be rescheduled. This frequently happens if the applicant is required to provide
addi onal informa on based on comments received during review. Similarly, the 120-day decision period is a “stop
and start clock” dependent on comments received, applicant’s responses and responsiveness, any of which may
extend the decision period. The placement of the 120-day informa on is misleading and otherwise governed by
other State requirements.
The third amendment in this sec on requires that proper es within 500’ of the proposed development receive by
mail the No ce of Applica on. Currently surrounding proper es are only no fied by mail 14 days before the public
hearing. By requiring direct mailing at this stage, the public is informed early in the process allowing for more
effec ve input. The melines for the No ce of Applica on in the newspaper and pos ng of the property will remain
in effect. The surrounding proper es will s ll receive the no ces when the public hearing is set.
Two of the amendments of Sec on MLMC 20.07.020 No ce of Public Hearing change the me of no ces from fi een
days to fourteen days. The fourteen-day no ce period is consistent with the required no ces for SEPA. A third
change to this Sec on removes the requirement for the applicant to provide stamped, addressed envelopes of the
surrounding property owners. Tradi onally, City staff has been able to provide this service using the GIS program.
The third change to this sec on is removing the requirement that “comment period dates” be removed from the
Public Hearing No ce. Technically, the comment period is provided when the No ce of Applica on and SEPA review
are issued. This doesn’t change the opportunity for the public to provide wri en statements to the decision maker
and tes fy at the public hearing. Tes mony at the hearing and wri en comment within the comment period gives
the person standing in the applica on. The fourth change removes the requirement that the City Clerk issue the
affidavit of mailing no ces. In prac ce, the Planning Technician typically mails the no ces.Moses Lake Council Packet 5-23-23, Page 6 of 130
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Planning staff has proposed the repeal of the en re Sec on MLMC 20.19.015 Neighborhood Mee ng. This sec on
requires that a developer hold a public mee ng before submi ng an applica on in certain circumstances. The intent
was to create a process for the public to meet with an applicant who is proposing a development that may be
different in character than that of the neighborhood (such as commercial near residen al) and that the applicant
could address concerns of the neighbors. In one instance, the neighborhood mee ng led to much confusion and
angst. The public assumed that the mee ng and development was sponsored by the City, that they could influence a
private development, and that they had standing. The applicant listened but did not change the proposal as it met
the requirements of the MLMC.
The Council is being asked to conduct a final review and consider the following proposed amendments at this public
hearing. The City Council may adopt, reject (deny), remand back to the Planning Commission with direc on, or
modify the recommenda on.
Summary of Title 16 Amendments
MLMC 16.02.020 Building Codes Adopted - regarding the applicability threshold for materials moved. (The
grading threshold will be reduced from 5,000 cubic yards to 500 cubic yards). In part, this amendment allows an
early start of permit proceedings to advance SEPA notice; and is consistent with SEPA thresholds.
MLMC 16.02.020 Building Codes Adopted – State Building Code Amendments – regarding update and
reference to the currently adopted State Building Codes. Annually (2-years), new and revised building codes
are adopted by Washington State.
MLMC 16.02.045 Building Prior to Filing Final Plat - regarding the allowance of advance residential construction
prior to final plat approval. The existing Code section conflicted within its sections, and the process and
parameters did not support the purpose and intent of the provision. This amendment allows for advance
construction, the completion of limited housing at time of recording the plat and sets standards that can be
achieved with less conflicts and risks.
[1] The terms “plat” or “platted” is often used interchangeably with “subdivision”. Subdivision is the act of dividing
land into lots and blocks and a plat is the mapped representation of the subdivision.
The proposed code amendments are in alignment with the comprehensive plan.
Options and Results
Approval of the proposed code amendments will provide clarity within the code and create efficiencies in the
development review process.
Staff will bring back options for recommended changes.
The miscellaneous text amendments to the Moses Lake Municipal Code will not proceed
Moses Lake Council Packet 5-23-23, Page 7 of 130
ORDINANCE ####
AN ORDINANCE AMENDING TITLE 16 ENTITLED BUILDING AND CONSTRUCTION, TITLE 17 ENTITLED SUBDIVISIONS, TITLE 18 ENTITLED ZONING, AND TITLE 20 ENTITLED DEVELOPMENT REVIEW PROCESS OF THE MOSES LAKE MUNICIPAL CODE
Recitals: 1. From time-to-time amendments to the development codes within the City of Moses Lake Municipal Code (MLMC) are necessary and warranted due to changes in industry
standards, desire to expedite the permit process, and necessary to meet and comply with
State Statues. The varied amendments proposed are limited to the 2022 docket and not a part of the Growth Management Act Periodic Update (RCW 36.70A.130) – Comprehensive Plan / Code update.
2. The requested amendments have been processed in compliance with State and Local
regulations and standards. On June 16, 2022, the Planning Commission held a workshop to review the development code draft amendments and initiated the amendment process pursuant to MLMC Chapter 19.55.
On October 13, 2022, the Washington State Department of Commerce Request for Review with
an Expedited Review required was transmitted
On October 27, 2022, the Washington State Department of Commerce granted the Expedited Review pursuant to RCW 36.70A.106. This state agency review period was reduced to 14 days from the typical 60-day review period.
The City of Moses Lake issued a SEPA Determination of Non-Significance on October 2, 2022,
regarding this non-project action.
3. Upon due notice, the Planning Commission held a public hearing on December 15, 2022, to consider and make recommendations on the various code amendments listed within the
Staff Report Dated December 8, 2022 herein attached. Two members of the public
testified during the Planning Commission public hearing in support of the amendment to allow ministorage units within the Heavy Industrial Zone. At the close of the public hearing, the Planning Commission recommended the amendments be forwarded to City Council for review.
4. The proposed amendments within MLMC 16.02.020 and 16.02.045 further the purpose statement of MLMC 16.02.010, which states: this chapter is enacted for the purpose of adopting rules and regulations for the protection of the health, safety and general welfare of the public governing the creation, construction, enlargement, relocation, conversion,
alteration, repair, occupancy, use, height, court area, sanitation, ventilation, and
maintenance of all buildings and structures within this jurisdiction.
Moses Lake Council Packet 5-23-23, Page 8 of 130
5. The State of Washington has adopted the International Building Code pursuant to Chapter 19.27 RCW. Compliance with the RCW is required and the statute allows latitude for
local jurisdictions to apply differing applicability thresholds to meet local needs. The
proposed amendments to Title 16 are consistent with the RCW and MLMC. 6. The proposed amendments within MLMC 17.12.150 and 17.18.070 further the purpose statement within MLMC 17.03.020, which states: this title regulates the subdivision of
land and promotes the health, safety, and general welfare in accordance with standards
established by the City and the State: to prevent the overcrowding of land; to lessen congestion in the streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewage, park and recreation areas, sites for schools and school grounds, and other public of land subdivisions and conveyance of properties by
accurate legal description.
7. The proposed amendment is consistent with RCW 58.17 which governs the subdivision of land. The proposed amendment allows for furthering the desire to expedite permit reviedw and approval.
8. Public notice and the process for notice is essential in clear and transparent communication with both the applicant and citizens of Moses Lake. MLMC Chapter 20 provides the standards, criteria and specifications for notice. In part, the proposed amendments within MLMC 20.07.010, .0202 and 20.09.015 further the purposes of
providing public notice consistent with Chapter 20.
9. Facilities operated by state, county, municipal, or other government agencies need to be located in a variety of Zoning Districts, particularly emergency services in order to provide rapid response times throughout the City. The proposed amendments allows for
placement of such in a greater range of zoning districts.
10. According to the Comprehensive Plan Purpose, the Industrial land use designation supports the industrial, manufacturing, and transportation sectors of the Moses Lake economy and provides opportunities for land uses requiring large tracts of land and
outdoor facilities.
11. Goal 3.5 of the Land Use Element of the Comprehensive Plan states “Encourage the development of diversified industrial and manufacturing activities to provide employment and strengthen the economy and tax base.” Mini Storages support the economy stability of
the community.
12. Mini Storage should be encouraged outside of Commercial Zoning and into Light and Heavy Industrial Zoning Districts. The use is allowed in Light Industrial Zoning and this amendment recognizes the use appropriate to Heavy Industrial Zoning.
13. Allowing Mini Storage within MLMC18.040 E supports the Goals of the Comprehensive and encourages the use in an appropriate District – Heavy Industrial.
Moses Lake Council Packet 5-23-23, Page 9 of 130
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS: Section 1. Title 16 of the MLMC titled “Building Permits” is amended as follows:
Chapter 16.02
BUILDING PERMITS
Sections:
16.02.010 Purpose of Chapter.
16.02.020 Building Codes Adopted.
16.02.030 Filing of Copies of Codes.
16.02.040 Unplatted Areas.
16.02.045 Building Prior to Filing Final Plat.
16.02.050 State Building Code Amendments.
16.02.060 Other Code Amendments.
16.02.065 Enforcement.
16.02.070 Building Permit Application.
16.02.080 Pole Buildings. 16.02.085 Fees.
16.02.087 Investigation Fees – Work Without A Permit.
16.02.090 Notice to Cease Violation.
16.02.100 Revocation of Business License.
16.02.110 Platting Deemed Insufficient - When.
16.02.010 Purpose of Chapter:
This chapter is enacted for the purpose of adopting rules and regulations for the protection of the health,
safety and general welfare of the public governing the creation, construction, enlargement, relocation,
conversion, alteration, repair, occupancy, use, height, court area, sanitation, ventilation, and maintenance of
all buildings and structures within this jurisdiction. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.020 Building Codes Adopted:
Pursuant to RCW Chapter 19.27 and RCW Chapter 35.21 the state building code is established. Effective July 1,
2004, the following appendixes to the state building code are adopted for use within the city:
A. The following International Building Code Appendixes are hereby adopted:
1. Appendix C, Agricultural Buildings.
2. Appendix I, Patio Covers and,
3. Appendix J, Grading when:
a. Grading involves more than 5,000 500 cubic yards, and/or
b. Regulated by either Chapter 19.03 or 19.06 of this Code, and/or
c. Regulated by City of Moses Lake Shorelines Management Master Plan.
Moses Lake Council Packet 5-23-23, Page 10 of 130
B. The following International Residential Code Appendices Appendix G, Swimming Pools, Spas, and Hot Tubs,
is are hereby adopted.
Appendix AH, Patio Covers
Appendix AQ, Tiny Houses
C. The State Plumbing Code, 1. Chapter 7 Part II, Building Sewers is hereby adopted.
2. Appendix E, Manufactured/Mobile Home Parks and Recreational Vehicle Parks, is hereby adopted.
D. Additionally, the following codes are adopted. Those codes and the state building code are to be
administered, subject to the modifications and/or amendments set forth in Section 16.02.050 and 16.02.060.
1. 1. The Uniform Code for the Abatement of Dangerous Buildings, most current edition;
2. 2. The Uniform Housing Code published by the International Conference of Building Officials,
most current edition.
3. The international Swimming Pool and Spa Code, most current edition.
16.02.030 Filing of Copies of Codes:
The city shall maintain on file not less than one (1) copy of the codes adopted in this chapter and the codes
shall be open to public inspection. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.040 Unplatted Areas:
No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in
violation of Chapter 58.17 RCW or the platting ordinances and regulations of the city. No building permit or
other development permit shall be issued for any unplatted property not otherwise permitted to be issued a building permit unless the City Council finds that the public interest will not be adversely affected by the
issuance of such a permit. The standards to determine if the public interest will be adversely affected includes
but is not limited to consideration of the installation or existence of adequate sewer and water, conformance
to lot size requirements, existence of street, sidewalk and curb improvements, access to the site, all as
respects the proposed building site and the surrounding area. The City Council may condition the issuance of a
building permit on unplatted land on the installation or completion of such utility, street and sidewalk
improvements or other conditions as the City Council upon recommendation of staff shall deem appropriate.
The City Council shall make the grant of the privilege to build on unplatted land specific as to the proposed
building activity and personal to the applicant. The grant of such privilege shall expire if a building permit is
not obtained within six (6) months of the adoption of the resolution provided for herein unless the applicant
requests and obtains an additional thirty (30) day extension from the Community Development Director. Any
request for the thirty (30) day additional extension must be submitted in writing to the Community
Development Director prior to the expiration of the six (6) month limitation period. The Community
Development Director has the discretion to grant the additional extension only when no significant
development code changes have occurred or will occur during the extension period, there is demonstrable
proof of substantial progress made by the applicant, and the request serves the public health, safety and
welfare. No more than one (1) thirty (30) day additional extension may be granted to any applicant. The City
Moses Lake Council Packet 5-23-23, Page 11 of 130
Council shall only direct the issuance of such a permit by a resolution of the City Council. The following construction is exempt from City Council resolution:
A. Remodeling of an existing, conforming building.
B. Construction of a temporary structure.
C. Fences
D. Signs (Ord. 2814, 5/24/16; Ord. 2686, 8/13/13; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.045 Building Prior to Filing Final Plat:
Building permits are allowed to be issued prior to filing the final plat for single-family residential
structures after the following conditions are met:
A. A. The preliminary major plat of the proposed subdivision has been approved by the City Council
Hearing Examiner or the preliminary short plat of the proposed subdivision has been approved by
the Community Development Director.
B. B. The construction plans for all improvements have been approved by the City Engineer.
C. The site and dwelling(s) shall meet the normal requirements for residential building permits including
MLMC Title 18, Zoning. The owner of the subdivision shall be the applicant for the structure(s).
D. Up to a total of four dwellings are permitted in each subdivision phase. Prior to approval of dwellings
in phases, the prior phase(s) shall be approved, final, and recorded.
E. No detached accessory structures are permitted within this provision.
F. All property corners shall be set by the developer’s surveyor.
G. All zoning setbacks shall be staked from the property line.
H. An all-weather access road approved by the fire marshal has been provided to within one hundred
fifty (150) linear foot of exterior wall on the first floor of each building.
I. Improvements required by MLMC Title 12, Streets, Sidewalks, and Public Places that serve the
dwelling(s) shall be completed in accordance with the accepted engineering plans prior to final
inspection and issuance of a Certificate of Occupancy for dwellings.
J. Fire hydrants shall be installed, approved and accepted before any combustible material, other than
foundation forms, is delivered to the site.
K. Prior to final plat or final short plat approval, the subdivider shall submit supplemental
documentation that the dwelling(s) and any appurtenant/accessory structures were constructed
within the boundaries of the proposed lot(s) and said structures comply with all applicable
development and dimensional standards.
L. There shall be no sale of dwelling(s) prior to recording of the final plat or final short plat.
Moses Lake Council Packet 5-23-23, Page 12 of 130
M. No dwelling shall be inhabited as a residence prior to recording of the final plat or short plat and
issuance of a Certificate of Occupancy. One (1) model dwelling may be used as a temporary marketing
center/office after final inspection and issuance of a Temporary Certificate of Occupancy. Other
dwellings may be furnished and decorated to show the general public after final inspection and
issuance of a Temporary Certificate of Occupancy.
N. C. A performance bond, or other secured method approved by the City Attorney, has been approved by
the Community Development Director in the amount of one hundred fifty percent (150%) of the cost
of completing all the remaining improvements that are required by the Moses Lake Municipal Code
and the Community Street and Utility Standards, and filing the final plat.
16.02.050 State Building Code Amendments:
The following amendments to the State Building Code are adopted and apply within this jurisdiction:
A. Sections 105.1.1 and 105.1.2, of the IBC, are not adopted.
B. Section 105.2 (1), of the IBC and the IRC, is amended to read as follows: 1. One-story detached accessory
structures, provided that only one (1) may be placed on a lot without a permit.
C. Section 105.2 (6), of the IBC and section 105.2(5), of the IRC, are amended to read as follows: 6(IBC) and
5(IRC). Sidewalks, decks and driveways not more than thirty inches (30") (762mm) above grade and not over
any basement or story below and which are not part of an accessible route.
D. There is created a new section 105.2 (11) (10) to the IRC to read as follows: 105.2 (11) (10) Reroofing a
single family dwelling or private garage, provided that no more than twenty-five percent (25%) of the existing
roof sheathing is being replaced.
E. There is created a new section 105.2 (12) (11) to the IRC and Section 105.2 (14) to the IBC to read as
follows: 105.2 (12) (11) IRC and 105.2 (14) IBC Replacing siding over existing siding or exterior sheathing.
F. Section 105.3, of the IBC and the IRC, is not adopted.
G. Section 108.3, of the IBC and the IRC, is amended to read as follows: 108.3 Building Permit Valuations.
The determination of value or valuation under any of the provisions of this code shall be made by the building
official. The value to be used in computing the building permit and building plan review fees shall be the total
value of all construction work for which the permit is issued, as well as all finish work, painting, roofing,
electrical, plumbing, heating air conditioning, elevators, fire-extinguishing systems and any other permanent
equipment.
H. Section 112.1, of the IRC IBC and Section 113.1 of the IBC IRC, is amended to read as follows:
1. General. All references to a Board of Appeals in this code are replaced with references to the city’s
Hearing Examiner. The Hearing Examiner shall hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and interpretation of this code.
Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as
established in other ordinances of the city. The Hearing Examiner shall render all decisions and findings in
writing to the appellant with a duplicate copy to the building official.
Moses Lake Council Packet 5-23-23, Page 13 of 130
2. Limitations of Authority. The Hearing Examiner shall have no authority relative to interpretation of the
administrative provisions of this code nor shall the Hearing Examiner be empowered to waive
requirements of this code.
I. Section 112.3, of the IRC IBC and Section 113.3 of the IBC IRC is not adopted.
J. Section 116 of the IBC is not adopted.
K. J. There is created a new section 116 to the IBC and the IRC to read as follows: No person shall move
any existing building or structure within or into the City without first obtaining from the Community
Development Department a relocation permit and a building permit. No person shall effect any demolition of
any building or structure or any part thereof which is not exempted by Section 105.2 of the International
Building Code without first obtaining from the Community Development Department a demolition permit.
L. K. There is created a new section 117 to the IBC and the IRC to read as follows: Manufactured Home
Placement Permit: No person, firm, or corporation as the owner, buyer, or vendor of a manufactured home or
as manufactured home park management shall cause or permit any manufactured home, commercial coach,
factory-built housing, or commercial structure to be located, placed or set within the corporate limits of the
city without first having secured a proper manufactured unit placement permit.
M. L. WAC 51-56-0100 adopting section 107.0 102.4 of the State Plumbing Code is replaced with the
following new subsection:
Section 107.0. 102.4 Appeals. All references in this Code to the Board of Appeals shall be deemed to
refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the
function of the Board of Appeals. Any request for an appeal shall be accompanied by the required
fees for the Hearing Examiner as established in other ordinances of the city. The Hearing Examiner
may adopt rules of procedure for conducting his business. Such rules of procedure shall be available
to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as
well as to the city.
N. M. Section 109 of the International Mechanical Code is replaced with the following new subsection:
109.1 All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function of the Board of
Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing
Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be
processed in accordance with the provisions contained in Section 109 of this Code. The Hearing
Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be
available to the public upon request. All decisions shall be in writing and shall be delivered to the
appellant as well as to the city.
16.02.060 Other Code Amendments:
A. Section 205.1 of the State Code for the Abatement of Dangerous Buildings is replaced with the following
new subsection:
Moses Lake Council Packet 5-23-23, Page 14 of 130
205.1. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing
Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function of the Board of
Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing
Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be
processed in accordance with the provisions contained in Section 501 of this Code. The Hearing
Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be
available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city.
B. Section 701.2 of the Uniform Code for the Abatement of Dangerous Buildings is amended to provide:
Failure to Obey Order. If, after any order of the building official or board of appeals made pursuant
to this code has become final, the person to whom such order is directed, shall fail, neglect or refuse
to obey such order, the building official may (i) cause such person to be prosecuted under Section
701.1 or (ii) institute any appropriate action to abate such building as a public nuisance. For
purposes of enforcement under (B)(ii) of this section, the abatement provisions of either RCW
Chapter 7.48 or RCW Chapter 35.80 may be employed by the city. Any costs incurred by the city in
such abatement shall become a lien against the property where the building is located as provided in
RCW 35A.60.010.
C. Section 1104 of the Uniform Code for the Abatement of Dangerous Buildings is amended to provide:
Section 1104 – Notice to Vacate
1104.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section
1101.3, be posted at or upon each exit of the building, and shall be in substantially the following
form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is unlawful to occupy this building, or to remove or deface this notice. Any person occupying this
building shall be guilty of trespass. Defacing or removing this notice is malicious mischief.
This notice is issued by the order of the City of Moses Lake Building Official
_________________ Date _________________
City Of Moses Lake Official Posting
Violation of this posting is a crime
Call Local law enforcement or contact 766-9235
1104.2 Compliance. Whenever such notice is posted, the building official shall include a notification
thereof in the notice and order issued under Section 1101.2, reciting the emergency and specifying
the conditions which necessitate the posting. No person shall remain in or enter any building which
has been so posted, except that entry may be made to repair, demolish or remove such building
under permit. No person shall remove or deface any such notice after it is posted until the required
repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant
Moses Lake Council Packet 5-23-23, Page 15 of 130
to the provisions of the Building Code. Any person violating this subsection by remaining in or
entering a building shall be guilty of trespass under state law. Any person violating this subsection by
removing or defacing such a notice shall be guilty of malicious mischief under state law.
D. Section 203.1 of the State Housing Code is replaced with the following new subsection:
203.1. All references in this Code to the Housing Advisory and Appeals Board shall be deemed to
refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the
function of the Board of Appeals. Any request for an appeal shall be accompanied by the required
fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing
Examiner shall be processed in accordance with the provisions contained in Section 1201 of this
Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of
procedure shall be available to the public upon request. All decisions shall be in writing and shall be
delivered to the appellant as well as to the city.
(Ord. 2531, 10/13/09; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.065 Enforcement:
Enforcement of violations of this chapter shall be done by the Building Official or Code Enforcement Officer, as
appropriate, pursuant to Chapter 1.20. (Ord. 2330, 6/12/07)
16.02.070 Building Permit Application:
A. A valid and fully complete building permit application for a structure, that is permitted under the zoning or
other land use control ordinances in effect on the date of the application shall be considered under the
building permit ordinance in effect at the time of application, and the zoning or other land use control
ordinances in effect on the date of application.
B. To be considered a valid and fully complete building permit application the application shall include, at a minimum:
1. The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, as now enacted
or hereafter amended, and the street address, and may include any other identification of the
construction site by the prime contractor;
2. The property owner’s name, address, and phone number;
3. Identify and describe the work to be covered by the permit for which application is made;
4. The prime contractor’s business name, address, phone number, current state contractors registration
number; and
5. Either:
a. The name, address, and phone number of the office of the lender administering the interim
construction financing, if any; or
Moses Lake Council Packet 5-23-23, Page 16 of 130
b. The name and address of the firm that has issued a payment bond, if any, on behalf of the prime
contractors for the protection of the owner, if the bond is for an amount not less than fifty percent
of the total amount of the construction project.
6. Indicate the use or occupancy for which the proposed work is intended;
7. State the valuation of the work for which application is made;
8. Be signed by the owner, or the owner’s authorized agent;
9. Be accompanied by plans, diagrams, computations and specifications and other data to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions
of all relevant laws, ordinances, rules and regulations;
10. Required plan review fee;
11. Pursuant to RCW 19.27.097, as now enacted or hereafter amended, each applicant for a building
permit of a building necessitating potable water shall provide evidence of an adequate water supply for
the intended use of the building. Evidence may be in the form of a water right permit from the
department of ecology, a letter from an approved water purveyor stating the ability to provide water, or
another form sufficient to verify the existence of an adequate water supply. In addition to other
authorities, the city may impose conditions on building permits requiring connection to the public water
system.
C. The information required on the building permit application by subsection B 1 through 5 of this section
shall be set forth on the building permit document which is issued to the owner, and on the inspection record
card which shall be posted at the construction site.
D. The information required by subsection B of this section and information supplied by the applicant after
the permit is issued under subsection E of this section shall be kept on record and made available to any
person on request. If a copy is requested, a copy fee may be charged in accordance with City of Moses Lake
policy.
E. If any of the information required by subsection B 5 of this section is not available at the time the
application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if the information had been supplied and the lack of the information shall not cause the
application to be deemed incomplete for the purposes of vesting under subsection A of this section. However,
the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such
information.
F. The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW.
(Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.080 Pole Buildings:
A. A pole building is defined as a wood frame structure which is built using post and beam construction
without concrete footings or foundation.
B. No pole building as defined in section 16.02.080 A shall be constructed or erected in any area or zone of
the City of Moses Lake. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
Moses Lake Council Packet 5-23-23, Page 17 of 130
16.02.085 Fees:
All fees for permits issued pursuant to this Chapter shall be established by a resolution of the City Council.
A. Exception: The fees shall not apply to single family dwellings or duplex dwellings when all the following
conditions are present:
1. The residential structure is constructed for low income families as defined by the Community
Development Director.
2. The structure is being constructed by an organization classified as a 501(c)(3) non-profit organization by the United States Internal Revenue Service.
B. When submittal documents are required, a plan review fee shall be paid at the time of submitting the
submittal documents for plan review. Said plan review fee shall be 65 percent of the permit fees as
established.
C. Refunds. The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.
1. The building official may authorize refunding of not more than 80 percent of the permit fee paid
when no work has been done under a permit issued in accordance with this code.
2. The building official may authorize refunding of not more than 80 percent of the plan review fee paid
when an application for a permit for which a plan review fee has been paid is withdrawn or canceled
before any plan reviewing is done.
3. The building official shall not authorize refunding of any fee paid except on written application filed
by the original permittee not later than 180 days after the date of fee payment. (Ord. 2172, 7/27/04; Ord.
2073, 7/23/02)
16.02.087 Investigation Fees – Work Without A Permit:
A. Investigation. Whenever any work for which a permit is required by this code has been commenced
without first obtaining said permit, a special investigation shall be made before a permit may be issued for
such work.
B. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then
or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this
code. The minimum investigation fee shall be the same as the minimum fee set forth in the resolution
adopting fees for permit issued pursuant to this Chapter. This fee is an additional, punitive fee and shall not
apply to any permit fee that may subsequently be issued. Payment of the investigative fee does not vest the
illegal work with any legitimacy, nor does it establish any right to a permit for continued development of that
project. If the work done remains illegal for 90 days after service of the Stop Work Order, it shall be
considered hazardous.
C. Payment. The payment of such investigation fee shall not exempt any person from compliance with all
other provisions of this code nor from any penalty prescribed by law. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
Moses Lake Council Packet 5-23-23, Page 18 of 130
16.02.090 Notice to Cease Violation:
Any person, firm, or corporation found to be violating any provision of this chapter shall be served by the
Administrative Authority with written notice stating the nature of the violation and providing a reasonable
time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such
notice, correct the violation. No further violation shall be permitted at the location. (Ord. 2172, 7/27/04; Ord.
2073, 7/23/02)
16.02.100 Revocation of Business License:
Failure or refusal to comply with any provision of this Chapter or an order or directive of the Building Official
issued pursuant hereto shall constitute grounds for revocation of the violators city business license following a
hearing as provided in this Code. (Ord. 2330, 6/12/07; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.110 Platting Deemed Insufficient - When:
A. Property located within the city which is presently platted and which property was platted without the
extension or provision of city water, city sewer, storm sewer, curb, sidewalk, streets or other improvements
through some or all of the lots of the plat shall be deemed to be unplatted for purposes of the issuance of any
development permit or building permit. Any lot so affected shall be permitted to develop and a building
permit will be issued upon the installation of city water, city sewer, storm drains, curbs, sidewalks, streets, and
other improvements to community standards, including fire protection devices, or upon the posting of
security in an amount approved by the city, which is equal to the estimated cost of the extensions and/or
improvements remaining to be installed through the lot, in a form acceptable to the City Attorney to insure
the construction of the required improvements and extensions at the same time as construction of the
building for which the building permit was issued or at the time of the improvement of the affected lot.
B. Any property owner can make application to the City Council for a waiver, deferral, or deviation from or of
the requirement to install improvements. A waiver, deferral, or deviation from or of the requirement to install
improvements shall not be granted unless the City Council finds that because of the nature of the property, its
topography, the conditions or nature of the adjoining areas or the existence of unusual physical conditions,
the requirement to install improvements would cause an unusual and unnecessary hardship on the property
owner. In granting a waiver, deferral or deviation from or of the requirements to install improvements, the
City Council may require such conditions as will secure the objectives of the requirement waived, deferred, or
deviated from or of. Any waiver, deferral, or deviation authorized shall be entered in the minutes of the Moses
Lake City Council together with the circumstances that justify the waiver, deferral, or deviation granted. (Ord.
2564, 6/22/10; Ord. 2391, 5/13/08)
Section 2. Title 17 of the MLMC titled “Subdivisions” is amended as follows:
17.12.150 Final Major Subdivision Recommendation and Approval:
The Hearing Examiner shall review the final major subdivision application within the time limits
established by state law for compliance with preliminary subdivision approval, state law, and all other
requirements that were in effect at the time of preliminary subdivision approval, and shall approve or
disapprove the final major subdivision. The City Manager shall sign the subdivision plat map (Ord. 2949,
4/14/20; Ord. 2576, 7/27/10)
Moses Lake Council Packet 5-23-23, Page 19 of 130
17.12.170 Recording Final Major Plat:
A. The following approval signatures are required on approved final plat mylars after all the fees and
payments are accepted, and prior to recording:
1. City Engineer.
2. City Manager for City Council.
3. Hearing Examiner.
17.15.030
XX. Approval statements for major subdivisions shall be included on the last sheet of the plat and read as
follows:
EXAMINED AND APPROVED by the Moses Lake City Engineer on ___________, 20___________.
___________
City Engineer
EXAMINED AND APPROVED by the Hearing Examiner on ___________, 20___________.
___________
Hearing Examiner
EXAMINED AND APPROVED by the City Council City Manager on ___________, 20___________.
___________
City Manager
ZZ. The Grant County Treasurer’s Certificate shall be on the last sheet of the plat and read as follows:
Treasurer’s Certificate: I hereby certify that all taxes and assessments now due and payable according to
the records of Grant County, including ___________ advanced taxes, have been fully paid.
______________________
Grant County Treasurer
______________________
Date
Binding Site Plan
17.18.070 Final Recording
A. The applicant shall submit two (2) full-size copies of the record of survey on mylar to the Community
Development Department. Additionally, the applicant shall submit one (1) electronic copy to the
Community Development Director, and one (1) electronic copy to the Grant County Assessor’s office.
B. The Community Development Department shall take the two (2) mylar record of surveys to the Grant
County Auditor after the mylars are signed by the City Manager. One (1) mylar record of survey shall be
conformed by the Grant County Auditor and returned to the City Engineer.
C. Binding site plans are not valid and do not confer any rights or privileges upon the property or its
owners unless the record of survey for a binding site plan bears the approval by the City Manager. (Ord.
2576, 7/27/10; Ord. 2384, 3/25/08; Ord. 2293, 3/27/07) D. Within one (1) year after the binding site plan is approved, the applicant shall provide all necessary
documents, with notarized signatures of the owners, and all payments and fees that are required with
the binding site plan, to the Plat Administrator. If said documents and fees are not provided to the Plat
Administrator within one (1) year of the binding site plan approval, the binding site plan shall be expired.
Moses Lake Council Packet 5-23-23, Page 20 of 130
Section 3. Title 18 of the MLMC titled “Zoning” is amended as follows:
18.30.030 Land Uses In Commercial Zones Table-
Amend the allowed uses in Commercial Zones Table to permit Municipal Facilities, including
emergency services buildings in the C-2 Commercial Zone by Conditional Use Permit.
18.40 Industrial Zones
18.40.030 Allowed Uses, Table 1: Land Uses In Industrial Zones
Amend the allowed uses in Industrial Zones Table to permit Mini-Storage buildings in the HI-
Heavy Industrial Zone outright. Section 4. Title 20 of the MLMC titled “Development Review Process” is amended as follows: 20.07.010 Required Public Notice:
A. City Notice of Development Application - Issuance and Contents: The City Zoning Administrator
shall provide a Notice of Development Application to the public and the departments and
agencies with jurisdiction as provided in this section. If the Responsible Official has made a
determination of significance under Chapter 43.21C RCW concurrently with the Notice of
Development Application, the Notice of Development Application shall be combined with the
determination of significance and scoping notice. Nothing in this section prevents a
determination of significance and scoping notice from being issued prior to the Notice of
Development Application. The Notice shall include but not be limited to the following:
1. The name of the applicant.
2. Date of application.
3. The date of the notice of completeness.
4. The date of the notice of development application.
5. The location of the project, including legal description and common address or location.
6. A project description.
7. A list of the project permits included in the application and, if applicable, a list of any studies
requested under RCW 36.70B.070 or 36.70B.090.
8. A list of any other requested approvals, actions, and/or required studies and the
identification of other permits not included in the application, to the extent known by the
City.
9. A public comment period not less than fourteen (14) days nor more than thirty (30) days
following the date of notice of application, and statements of the right of any person to
comment on the application, receive notice of and participate in any hearings, request a copy
of the decision once made, and any appeal rights.
10. Identification of existing environmental documents and the location where such documents
can be reviewed.
11. A City staff contact person and phone number.
12. The date, time, place and type of a public hearing if applicable and one has been scheduledA
statement of the preliminary determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation and of consistency as
provided in Chapter 20.08.
13. A statement that the decision on the application will be made within one hundred and
twenty (120) days of the date of the notice of completeness.
Moses Lake Council Packet 5-23-23, Page 21 of 130
14. Any other information determined appropriate by the City, such as the City’s threshold
determination, if complete at the time of issuance of the notice of application.
B. Time Frame for Issuance of Notice of Application.
1. The City shall issue a Notice of Development Application within fourteen (14) days of issuing
a notice of completeness under Chapter 20.05.
2. If any open record pre-decision hearing is required for the requested development permit(s),
the Notice of Development Application shall be provided at least fifteen (15) days prior to the
open record hearing.
C. Mailing Notice. The Notice of Development Application shall be mailed to all property owners
as shown on the records of the County Assessor and to all street addresses of properties within
five hundred (500) feet, not including street rights-of-way, of the boundaries of the property
which is the subject of the meeting or pending action. The area of notification may be expanded
as determined by the Community Development Director.
D. Published Notice. The Notice of Development Application shall be published once in the City’s
official newspaper of general circulation in the general area where the proposal is located.
E. Posting: Posting of property for site specific developments shall consist of one or more notice
boards as follows:
1. A single notice board shall be placed by the applicant;
a. At the midpoint of the site street frontage or as otherwise directed by the City for
maximum visibility;
b. Five feet (5') inside the property line, except when the board is structurally attached to
an existing building, provided that no notice board shall be placed more than five feet (5')
from the street property without approval of the City;
c. So that the top of the notice board is between seven (7) to nine (9) feet above grade; and
d. Where it is completely visible to pedestrians.
2. Additional notice boards may be required when:
a. The site does not abut a public road;
b. A large site abuts more than one public road;
c. The City determines that additional notice boards are necessary to provide adequate
public notice.
3. Notice boards shall be:
a. Maintained in good condition by the applicant during the notice period;
b. In place at least thirty (30) days prior to the date of the hearing, or at least fifteen (15)
days prior to the end of any required comment period;
c. Removed within fifteen (15) days after the end of the notice period.
4. Removal of the notice board prior to the end of the notice period may be cause for
discontinuance of the City review until the notice board is replaced and remains in place for
the specified time period.
5. An affidavit of posting shall be submitted to the City by the applicant prior to the hearing or
final comment date. If the affidavits are not filed as required, any scheduled hearing or date
by which the public may comment on the application, will be postponed in order to allow
compliance with this notice requirement. Any time required to ensure compliance with this
requirement shall be excepted from the one hundred twenty (120) days pursuant to section
20.09.090.
Moses Lake Council Packet 5-23-23, Page 22 of 130
6. Notice boards shall be constructed and installed in accordance with specifications
promulgated by the City.
E. Categorically Exempt Projects. A Notice of Application shall not be required for development
applications that are categorically exempt under chapter 43.21C RCW, unless a public comment
period or an open record pre-decision hearing is required. (Ord. 2105, 12/23/02)
20.07.020 Notice of Public Hearing:
Notice of a public hearing for all development applications and all closed record appeals shall be given as
follows:
A. Time of Notices. Except as otherwise required, public notification of meetings, hearings, and
pending actions under Titles 14 through 19 shall be made by:
1. Publication at least fifteen (15) fourteen (14) days before the date of a public meeting,
hearing, or pending action in the City’s official newspaper of general circulation; and
2. Mailing at least fifteen (15) fourteen (14) days before the date of a public hearing, or pending
action to all property owners as shown on the records of the County Assessor and to all
street addresses of properties within five hundred (500) feet, not including street rights-of-
way, of the boundaries of the property which is the subject of the meeting or pending action.
Addressed, pre-stamped, envelopes shall be provided by the applicant.
B. Content of Notice. The public notice shall include a general description of the proposed project,
type of permit(s) required, comment period dates, a non-legal description of the property or a
vicinity map or sketch, the time, date and place of the public hearing and the place where the
complete application may be reviewed and where further information may be obtained.
C. Continuations. If, for any reason, a meeting or hearing on a pending action cannot be completed
on the date set in the public notice, the meeting or hearing may be continued to a date certain
and no further notice under this section is required.
D. General Procedure for Mailed Notice of Public Hearing. The City Clerk shall issue a sworn
certificate of mailing to all persons entitled to notice under this Chapter. The City may choose to
provide notice to other persons than those required to receive notice under the code. All public
notices shall be deemed to have been provided or received on the date the notice is deposited in
the mail or is personally received, whichever occurs first.
E. Cost of Public Hearing Notice. All costs associated with public notice shall be borne by the
applicant.
F. Joint Hearings.
1. The City Zoning Administrator may combine any hearing on a project permit with any hearing
that may be held by another local, state, regional, federal, or other agency, provided that the
hearing is held within the geographic boundary of the City. Hearings shall be combined if
requested by the applicant, as long as the joint hearing can be held within the time periods
specified in 20.09.090 or the applicant agrees to the schedule in the event that additional
time is needed in order to combine the hearings.
2. The City Zoning Administrator shall cooperate to the fullest extent possible with other
agencies in holding a joint hearing if requested to do so, as long as:
a. The agency is not expressly prohibited by statute from doing so;
b. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice
requirements as set forth in statute, ordinance, or rule; and
Moses Lake Council Packet 5-23-23, Page 23 of 130
c. The agency has received the necessary information about the proposed project from the
applicant to hold its hearing at the same time as the City’s hearing.
20.09.015 Neighborhood Meetings:
A. The purpose of neighborhood meetings is to:
1. Provide a forum for interested individuals to meet with the applicant to learn about the proposal early
in the review process.
2. Provide an opportunity for meaningful public input.
3. Provide a dialogue between the applicant, citizens, and City officials whereby issues can be identified.
4. Provide an opportunity for applicants to address concerns generated by individuals and incorporate
possible changes.
B. A neighborhood meeting will be required for the following when adjacent to or in residential zoning:
1. Infill development, where the development is substantial or a different use than a majority of the
surrounding built environment;
2. Planned residential developments, PUDs, PURDs;
3. Mixed use developments; and
4. Commercial developments.
C. When a neighborhood meeting is required, it shall be conducted within the City limits by the applicant
prior to submittal of a counter complete application. The applicant shall notify the City of the date and
time of the meeting. Representatives from City staff may be in attendance. The applicant shall mail notice
of the neighborhood meeting to the same individuals to whom notice is required for the notice of
application in Section 20.07.020 at least fourteen (14) calendar days in advance of the meeting. The
applicant shall provide the City with an affidavit of mailing. A sign-in sheet shall be provided at the
meeting and a summary of the attendees and comments received by the applicant shall be included in
the application submittal. The neighborhood meeting is designed to provide a free and open discussion of
the project between developers and the public. All discussions, proposals and statements shall not be
considered legally binding.
D. Applicants may choose to hold additional neighborhood meetings in order to provide an opportunity
to address concerns generated, provide additional information, propose changes to plans, or provide
further resolution of issues. If the applicant holds additional meetings, there is no specific requirement of
notice or City attendance. However, the City shall make an effort to attend meetings where appropriate
and when the applicant has notified the City that additional meetings are taking place. (Ord. 2973,
5/25/21)
Section 4. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected.
Section 5. Effective Date. 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 of the City of Moses Lake, WA and signed by its Mayor on May 23,
2023.
Moses Lake Council Packet 5-23-23, Page 24 of 130
________________________________________
Don Myers, Mayor ATTEST:
________________________________ Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug
Vote:
Date Published: <Monday after Council> Date Effective: (Saturday/5 days later unless otherwise regulated)
Moses Lake Council Packet 5-23-23, Page 25 of 130
City of Moses Lake
Planning Commission Agenda
REMOTE ACCESS OPTION and IN PERSON UPDATE: Citizens can join this meeting remotely
by calling the numbers listed or via internet at https://cityofml.zoom.us/j/95986717707
Call In: 1 253 215 8782 ID: 959 8671 7707 Persons requesting to address the Planning
Commission from the remote option will need to complete the online speaker request form*
before 3 p.m. on the day of the meeting.
Thursday December 15, 2022 @ 6PM Council Chambers
401 S Balsam St., Moses Lake, WA
Call to Order – 6 p.m.
Roll Call
Agenda Items:
1. Approval of Minutes from November 17, 2022 Meeting
2. Public Hearing – Miscellaneous Code Amendments
3. Commission Questions and Comments
4. Staff Questions and Comments
Adjourn
*Citizens who would like to address the Planning Commission can submit written comments to the Planning Commission
Secretary (Michelene Torrey MTorrey@Cityofml.com) no later than 3 p.m. on the day of the meeting. Comments will be
provided to Commission electronically and recorded in the meeting minutes. Citizens who would like to speak on matters
during the meeting will need to complete the following form no later than 3 p.m. on the day of the meeting. There will be a
five-minute limit per speaker. https://lfweb.cityofml.com/Forms/Planning-Commission-Speaker-Request
**NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical,
hearing, or other impairments, please contact the City Clerk at (509) 764-3703 as soon as possible so that
arrangements may be made prior to the meeting time.
Moses Lake Council Packet 5-23-23, Page 26 of 130
December 15, 2022
The following are proposed amendments to the City of Moses Lake Municipal Code. Please note that
all new language to the code is depicted as underlined. Deletions to the text are depicted with a
strike-through.
Chapter 16.02
BUILDING PERMITS
Sections:
16.02.010 Purpose of Chapter.
16.02.020 Building Codes Adopted.
16.02.030 Filing of Copies of Codes.
16.02.040 Unplatted Areas.
16.02.045 Building Prior to Filing Final Plat. 16.02.050 State Building Code Amendments.
16.02.060 Other Code Amendments.
16.02.065 Enforcement.
16.02.070 Building Permit Application.
16.02.080 Pole Buildings.
16.02.085 Fees.
16.02.087 Investigation Fees – Work Without A Permit.
16.02.090 Notice to Cease Violation.
16.02.100 Revocation of Business License.
16.02.110 Platting Deemed Insufficient - When.
16.02.010 Purpose of Chapter:
This chapter is enacted for the purpose of adopting rules and regulations for the protection of the health,
safety and general welfare of the public governing the creation, construction, enlargement, relocation,
conversion, alteration, repair, occupancy, use, height, court area, sanitation, ventilation, and maintenance of
all buildings and structures within this jurisdiction. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.020 Building Codes Adopted:
Pursuant to RCW Chapter 19.27 and RCW Chapter 35.21 the state building code is established. Effective July
1, 2004, the following appendixes to the state building code are adopted for use within the city:
A. The following International Building Code Appendixes are hereby adopted:
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Page 2 of 14
1. Appendix C, Agricultural Buildings.
2. Appendix I, Patio Covers and,
3. Appendix J, Grading when:
a. Grading involves more than 5,000 500 cubic yards, and/or
b. Regulated by either Chapter 19.03 or 19.06 of this Code, and/or
c. Regulated by City of Moses Lake Shorelines Management Master Plan.
B. The following International Residential Code Appendices Appendix G, Swimming Pools, Spas, and Hot
Tubs, is are hereby adopted.
Appendix H, Patio Covers
Appendix Q, Tiny Houses
C. The State Plumbing Code,
1. Chapter 7 Part II, Building Sewers is hereby adopted.
2. Appendix E, Manufactured/Mobile Home Parks and Recreational Vehicle Parks, is hereby adopted.
D. Additionally, the following codes are adopted. Those codes and the state building code are to be
administered, subject to the modifications and/or amendments set forth in Section 16.02.050 and 16.02.060.
1. 1. The Uniform Code for the Abatement of Dangerous Buildings, most current edition;
2. 2. The Uniform Housing Code published by the International Conference of Building Officials,
most current edition.
3. The international Swimming Pool and Spa Code, most current edition.
16.02.030 Filing of Copies of Codes:
The city shall maintain on file not less than one (1) copy of the codes adopted in this chapter and the codes
shall be open to public inspection. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.040 Unplatted Areas:
No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in
violation of Chapter 58.17 RCW or the platting ordinances and regulations of the city. No building permit or
other development permit shall be issued for any unplatted property not otherwise permitted to be issued a
building permit unless the City Council finds that the public interest will not be adversely affected by the
issuance of such a permit. The standards to determine if the public interest will be adversely affected
includes but is not limited to consideration of the installation or existence of adequate sewer and water,
conformance to lot size requirements, existence of street, sidewalk and curb improvements, access to the
site, all as respects the proposed building site and the surrounding area. The City Council may condition the
issuance of a building permit on unplatted land on the installation or completion of such utility, street and
sidewalk improvements or other conditions as the City Council upon recommendation of staff shall deem
appropriate. The City Council shall make the grant of the privilege to build on unplatted land specific as to the
proposed building activity and personal to the applicant. The grant of such privilege shall expire if a building
permit is not obtained within six (6) months of the adoption of the resolution provided for herein unless the
applicant requests and obtains an additional thirty (30) day extension from the Community Development
Director. Any request for the thirty (30) day additional extension must be submitted in writing to the
Community Development Director prior to the expiration of the six (6) month limitation period. The
Community Development Director has the discretion to grant the additional extension only when no
significant development code changes have occurred or will occur during the extension period, there is
demonstrable proof of substantial progress made by the applicant, and the request serves the public health,
Moses Lake Council Packet 5-23-23, Page 28 of 130
Page 3 of 14
safety and welfare. No more than one (1) thirty (30) day additional extension may be granted to any
applicant. The City Council shall only direct the issuance of such a permit by a resolution of the City Council.
The following construction is exempt from City Council resolution:
A. Remodeling of an existing, conforming building.
B. Construction of a temporary structure.
C. Fences
D. Signs (Ord. 2814, 5/24/16; Ord. 2686, 8/13/13; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.045 Building Prior to Filing Final Plat:
Building permits are allowed to be issued prior to filing the final plat for single-family residential
structures after the following conditions are met:
A. A. The preliminary major plat of the proposed subdivision has been approved by the City
Council Hearing Examiner or the preliminary short plat of the proposed subdivision has been
approved by the Community Development Director.
B. B. The construction plans for all improvements have been approved by the City Engineer.
C. The site and dwelling(s) shall meet the normal requirements for residential building permits
including MLMC Title 18, Zoning. The owner of the subdivision shall be the applicant for the
structure(s).
D. Up to a total of four dwellings are permitted in each subdivision phase. Prior to approval of dwellings
in phases, the prior phase(s) shall be approved, final, and recorded.
E. No detached accessory structures are permitted within this provision.
F. All property corners shall be set by the developer’s surveyor.
G. All zoning setbacks shall be staked from the property line.
H. An all-weather access road approved by the fire marshal has been provided to within one hundred
fifty (150) linear foot of exterior wall on the first floor of each building.
I. Improvements required by MLMC Title 12, Streets, Sidewalks, and Public Places that serve the
dwelling(s) shall be completed in accordance with the accepted engineering plans prior to final
inspection and issuance of a Certificate of Occupancy for dwellings.
J. Fire hydrants shall be installed, approved and accepted before any combustible material, other than
foundation forms, is delivered to the site.
K. Prior to final plat or final short plat approval, the subdivider shall submit supplemental
documentation that the dwelling(s) and any appurtenant/accessory structures were constructed
within the boundaries of the proposed lot(s) and said structures comply with all applicable
development and dimensional standards.
L. There shall be no sale of dwelling(s) prior to recording of the final plat or final short plat.
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Page 4 of 14
M. No dwelling shall be inhabited as a residence prior to recording of the final plat or short plat and
issuance of a Certificate of Occupancy. One (1) model dwelling may be used as a temporary
marketing center/office after final inspection and issuance of a Temporary Certificate of Occupancy.
Other dwellings may be furnished and decorated to show the general public after final inspection
and issuance of a Temporary Certificate of Occupancy.
N. C. A performance bond, or other secured method approved by the City Attorney, has been approved
by the Community Development Director in the amount of one hundred fifty percent (150%) of the
cost of completing all the remaining improvements that are required by the Moses Lake Municipal
Code and the Community Street and Utility Standards, and filing the final plat.
16.02.050 State Building Code Amendments:
The following amendments to the State Building Code are adopted and apply within this jurisdiction:
A. Sections 105.1.1 and 105.1.2, of the IBC, are not adopted.
B. Section 105.2 (1), of the IBC and the IRC, is amended to read as follows: 1. One-story detached accessory
structures, provided that only one (1) may be placed on a lot without a permit.
C. Section 105.2 (6), of the IBC and section 105.2(5), of the IRC, are amended to read as follows: 6(IBC) and
5(IRC). Sidewalks, decks and driveways not more than thirty inches (30") (762mm) above grade and not over
any basement or story below and which are not part of an accessible route.
D. There is created a new section 105.2 (11) (10) to the IRC to read as follows: 105.2 (11) (10) Reroofing a
single family dwelling or private garage, provided that no more than twenty-five percent (25%) of the existing
roof sheathing is being replaced.
E. There is created a new section 105.2 (12) (11) to the IRC and Section 105.2 (14) to the IBC to read as
follows: 105.2 (12) (11) IRC and 105.2 (14) IBC Replacing siding over existing siding or exterior sheathing.
F. Section 105.3, of the IBC and the IRC, is not adopted.
G. Section 108.3, of the IBC and the IRC, is amended to read as follows: 108.3 Building Permit Valuations. The
determination of value or valuation under any of the provisions of this code shall be made by the building
official. The value to be used in computing the building permit and building plan review fees shall be the total
value of all construction work for which the permit is issued, as well as all finish work, painting, roofing,
electrical, plumbing, heating air conditioning, elevators, fire-extinguishing systems and any other permanent
equipment.
H. Section 112.1, of the IRC IBC and Section 113.1 of the IBC IRC, is amended to read as follows:
1. General. All references to a Board of Appeals in this code are replaced with references to the city’s
Hearing Examiner. The Hearing Examiner shall hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and interpretation of this code.
Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as
established in other ordinances of the city. The Hearing Examiner shall render all decisions and findings
in writing to the appellant with a duplicate copy to the building official.
Moses Lake Council Packet 5-23-23, Page 30 of 130
Page 5 of 14
2. Limitations of Authority. The Hearing Examiner shall have no authority relative to interpretation of
the administrative provisions of this code nor shall the Hearing Examiner be empowered to waive
requirements of this code.
I. Section 112.3, of the IRC IBC and Section 113.3 of the IRC is not adopted.
J. Section 116 of the IBC is not adopted.
K. J. There is created a new section 116 to the IBC and the IRC to read as follows: No person shall
move any existing building or structure within or into the City without first obtaining from the Community
Development Department a relocation permit and a building permit. No person shall effect any demolition of
any building or structure or any part thereof which is not exempted by Section 105.2 of the International
Building Code without first obtaining from the Community Development Department a demolition permit.
L. K. There is created a new section 117 to the IBC and the IRC to read as follows: Manufactured Home
Placement Permit: No person, firm, or corporation as the owner, buyer, or vendor of a manufactured home
or as manufactured home park management shall cause or permit any manufactured home, commercial
coach, factory-built housing, or commercial structure to be located, placed or set within the corporate limits
of the city without first having secured a proper manufactured unit placement permit.
M. L. WAC 51-56-0100 adopting section 107.0 102.4 of the State Plumbing Code is replaced with the
following new subsection:
Section 107.0. 102.4 Appeals. All references in this Code to the Board of Appeals shall be deemed
to refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the
function of the Board of Appeals. Any request for an appeal shall be accompanied by the required
fees for the Hearing Examiner as established in other ordinances of the city. The Hearing Examiner
may adopt rules of procedure for conducting his business. Such rules of procedure shall be available
to the public upon request. All decisions shall be in writing and shall be delivered to the appellant
as well as to the city.
N. M. Section 109 of the International Mechanical Code is replaced with the following new subsection:
109.1 All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function of the Board
of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing
Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be
processed in accordance with the provisions contained in Section 109 of this Code. The Hearing
Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall
be available to the public upon request. All decisions shall be in writing and shall be delivered to the
appellant as well as to the city.
16.02.060 Other Code Amendments:
A. Section 205.1 of the State Code for the Abatement of Dangerous Buildings is replaced with the following
new subsection:
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Page 6 of 14
205.1. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing
Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function of the Board
of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing
Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be
processed in accordance with the provisions contained in Section 501 of this Code. The Hearing
Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall
be available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city.
B. Section 701.2 of the Uniform Code for the Abatement of Dangerous Buildings is amended to provide:
Failure to Obey Order. If, after any order of the building official or board of appeals made pursuant
to this code has become final, the person to whom such order is directed, shall fail, neglect or
refuse to obey such order, the building official may (i) cause such person to be prosecuted under
Section 701.1 or (ii) institute any appropriate action to abate such building as a public nuisance. For
purposes of enforcement under (B)(ii) of this section, the abatement provisions of either RCW
Chapter 7.48 or RCW Chapter 35.80 may be employed by the city. Any costs incurred by the city in
such abatement shall become a lien against the property where the building is located as provided
in RCW 35A.60.010.
C. Section 1104 of the Uniform Code for the Abatement of Dangerous Buildings is amended to provide:
Section 1104 – Notice to Vacate
1104.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section 1101.3, be posted at or upon each exit of the building, and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is unlawful to occupy this building, or to remove or deface this notice. Any person occupying this building shall be
guilty of trespass. Defacing or removing this notice is malicious mischief.
This notice is issued by the order of the City of Moses Lake Building Official
_________________ Date _________________
City Of Moses Lake Official Posting
Violation of this posting is a crime
Call Local law enforcement or contact 766-9235
1104.2 Compliance. Whenever such notice is posted, the building official shall include a notification
thereof in the notice and order issued under Section 1101.2, reciting the emergency and specifying
the conditions which necessitate the posting. No person shall remain in or enter any building which
has been so posted, except that entry may be made to repair, demolish or remove such building
under permit. No person shall remove or deface any such notice after it is posted until the required
repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant
to the provisions of the Building Code. Any person violating this subsection by remaining in or
entering a building shall be guilty of trespass under state law. Any person violating this subsection
by removing or defacing such a notice shall be guilty of malicious mischief under state law.
Moses Lake Council Packet 5-23-23, Page 32 of 130
Page 7 of 14
D. Section 203.1 of the State Housing Code is replaced with the following new subsection:
203.1. All references in this Code to the Housing Advisory and Appeals Board shall be deemed to
refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the
function of the Board of Appeals. Any request for an appeal shall be accompanied by the required
fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing
Examiner shall be processed in accordance with the provisions contained in Section 1201 of this
Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be available to the public upon request. All decisions shall be in writing and shall
be delivered to the appellant as well as to the city.
(Ord. 2531, 10/13/09; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.065 Enforcement:
Enforcement of violations of this chapter shall be done by the Building Official or Code Enforcement Officer,
as appropriate, pursuant to Chapter 1.20. (Ord. 2330, 6/12/07)
16.02.070 Building Permit Application:
A. A valid and fully complete building permit application for a structure, that is permitted under the zoning
or other land use control ordinances in effect on the date of the application shall be considered under the
building permit ordinance in effect at the time of application, and the zoning or other land use control
ordinances in effect on the date of application.
B. To be considered a valid and fully complete building permit application the application shall include, at a minimum:
1. The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, as now enacted
or hereafter amended, and the street address, and may include any other identification of the
construction site by the prime contractor;
2. The property owner’s name, address, and phone number;
3. Identify and describe the work to be covered by the permit for which application is made;
4. The prime contractor’s business name, address, phone number, current state contractors
registration number; and
5. Either:
a. The name, address, and phone number of the office of the lender administering the interim
construction financing, if any; or
b. The name and address of the firm that has issued a payment bond, if any, on behalf of the
prime contractors for the protection of the owner, if the bond is for an amount not less than fifty
percent of the total amount of the construction project.
6. Indicate the use or occupancy for which the proposed work is intended;
7. State the valuation of the work for which application is made;
Moses Lake Council Packet 5-23-23, Page 33 of 130
Page 8 of 14
8. Be signed by the owner, or the owner’s authorized agent;
9. Be accompanied by plans, diagrams, computations and specifications and other data to indicate the
location, nature and extent of the work proposed and show in detail that it will conform to the
provisions of all relevant laws, ordinances, rules and regulations;
10. Required plan review fee;
11. Pursuant to RCW 19.27.097, as now enacted or hereafter amended, each applicant for a building
permit of a building necessitating potable water shall provide evidence of an adequate water supply for
the intended use of the building. Evidence may be in the form of a water right permit from the
department of ecology, a letter from an approved water purveyor stating the ability to provide water, or
another form sufficient to verify the existence of an adequate water supply. In addition to other
authorities, the city may impose conditions on building permits requiring connection to the public water
system.
C. The information required on the building permit application by subsection B 1 through 5 of this section
shall be set forth on the building permit document which is issued to the owner, and on the inspection record
card which shall be posted at the construction site.
D. The information required by subsection B of this section and information supplied by the applicant after
the permit is issued under subsection E of this section shall be kept on record and made available to any
person on request. If a copy is requested, a copy fee may be charged in accordance with City of Moses Lake
policy.
E. If any of the information required by subsection B 5 of this section is not available at the time the
application is submitted, the applicant shall so state and the application shall be processed forthwith and the
permit issued as if the information had been supplied and the lack of the information shall not cause the
application to be deemed incomplete for the purposes of vesting under subsection A of this section. However, the applicant shall provide the remaining information as soon as the applicant can reasonably
obtain such information.
F. The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW.
(Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.080 Pole Buildings:
A. A pole building is defined as a wood frame structure which is built using post and beam construction
without concrete footings or foundation.
B. No pole building as defined in section 16.02.080 A shall be constructed or erected in any area or zone of
the City of Moses Lake. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.085 Fees:
All fees for permits issued pursuant to this Chapter shall be established by a resolution of the City Council.
A. Exception: The fees shall not apply to single family dwellings or duplex dwellings when all the following
conditions are present:
Moses Lake Council Packet 5-23-23, Page 34 of 130
Page 9 of 14
1. The residential structure is constructed for low income families as defined by the Community Development Director.
2. The structure is being constructed by an organization classified as a 501(c)(3) non-profit organization
by the United States Internal Revenue Service.
B. When submittal documents are required, a plan review fee shall be paid at the time of submitting the
submittal documents for plan review. Said plan review fee shall be 65 percent of the permit fees as
established.
C. Refunds. The building official may authorize refunding of any fee paid hereunder which was erroneously
paid or collected.
1. The building official may authorize refunding of not more than 80 percent of the permit fee paid
when no work has been done under a permit issued in accordance with this code.
2. The building official may authorize refunding of not more than 80 percent of the plan review fee paid
when an application for a permit for which a plan review fee has been paid is withdrawn or canceled
before any plan reviewing is done.
3. The building official shall not authorize refunding of any fee paid except on written application filed
by the original permittee not later than 180 days after the date of fee payment. (Ord. 2172, 7/27/04; Ord.
2073, 7/23/02)
16.02.087 Investigation Fees – Work Without A Permit:
A. Investigation. Whenever any work for which a permit is required by this code has been commenced
without first obtaining said permit, a special investigation shall be made before a permit may be issued for
such work.
B. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then
or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this
code. The minimum investigation fee shall be the same as the minimum fee set forth in the resolution
adopting fees for permit issued pursuant to this Chapter. This fee is an additional, punitive fee and shall not
apply to any permit fee that may subsequently be issued. Payment of the investigative fee does not vest the
illegal work with any legitimacy, nor does it establish any right to a permit for continued development of that
project. If the work done remains illegal for 90 days after service of the Stop Work Order, it shall be
considered hazardous.
C. Payment. The payment of such investigation fee shall not exempt any person from compliance with all
other provisions of this code nor from any penalty prescribed by law. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.090 Notice to Cease Violation:
Any person, firm, or corporation found to be violating any provision of this chapter shall be served by the
Administrative Authority with written notice stating the nature of the violation and providing a reasonable
time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such
notice, correct the violation. No further violation shall be permitted at the location. (Ord. 2172, 7/27/04; Ord.
2073, 7/23/02)
Moses Lake Council Packet 5-23-23, Page 35 of 130
Page 10 of 14
16.02.100 Revocation of Business License:
Failure or refusal to comply with any provision of this Chapter or an order or directive of the Building Official
issued pursuant hereto shall constitute grounds for revocation of the violators city business license following
a hearing as provided in this Code. (Ord. 2330, 6/12/07; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.110 Platting Deemed Insufficient - When:
A. Property located within the city which is presently platted and which property was platted without the
extension or provision of city water, city sewer, storm sewer, curb, sidewalk, streets or other improvements
through some or all of the lots of the plat shall be deemed to be unplatted for purposes of the issuance of
any development permit or building permit. Any lot so affected shall be permitted to develop and a building
permit will be issued upon the installation of city water, city sewer, storm drains, curbs, sidewalks, streets,
and other improvements to community standards, including fire protection devices, or upon the posting of
security in an amount approved by the city, which is equal to the estimated cost of the extensions and/or
improvements remaining to be installed through the lot, in a form acceptable to the City Attorney to insure
the construction of the required improvements and extensions at the same time as construction of the
building for which the building permit was issued or at the time of the improvement of the affected lot.
B. Any property owner can make application to the City Council for a waiver, deferral, or deviation from or
of the requirement to install improvements. A waiver, deferral, or deviation from or of the requirement to
install improvements shall not be granted unless the City Council finds that because of the nature of the
property, its topography, the conditions or nature of the adjoining areas or the existence of unusual physical
conditions, the requirement to install improvements would cause an unusual and unnecessary hardship on
the property owner. In granting a waiver, deferral or deviation from or of the requirements to install
improvements, the City Council may require such conditions as will secure the objectives of the requirement
waived, deferred, or deviated from or of. Any waiver, deferral, or deviation authorized shall be entered in the
minutes of the Moses Lake City Council together with the circumstances that justify the waiver, deferral, or
deviation granted. (Ord. 2564, 6/22/10; Ord. 2391, 5/13/08)
17.12.150 Final Major Subdivision Recommendation and Approval:
The Hearing Examiner shall review the final major subdivision application within the time limits
established by state law for compliance with preliminary subdivision approval, state law, and all other
requirements that were in effect at the time of preliminary subdivision approval, and shall approve or
disapprove the final major subdivision. The City Manager shall sign the subdivision plat map (Ord. 2949,
4/14/20; Ord. 2576, 7/27/10)
17.12.170 Recording Final Major Plat:
A. The following approval signatures are required on approved final plat mylars after all the fees and
payments are accepted, and prior to recording:
1. City Engineer.
2. City Manager for City Council.
3. Hearing Examiner.
17.15.030
XX. Approval statements for major subdivisions shall be included on the last sheet of the plat and read
as follows:
EXAMINED AND APPROVED by the Moses Lake City Engineer on ___________, 20___________.
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Page 11 of 14
___________
City Engineer
EXAMINED AND APPROVED by the Hearing Examiner on ___________, 20___________.
___________
Hearing Examiner
EXAMINED AND APPROVED by the City Council City Manager on ___________, 20___________.
___________
City Manager
ZZ. The Grant County Treasurer’s Certificate shall be on the last sheet of the plat and read as follows:
Treasurer’s Certificate: I hereby certify that all taxes and assessments now due and payable according to
the records of Grant County, including ___________ advanced taxes, have been fully paid.
______________________
Grant County Treasurer
______________________
Date
Binding Site Plan
17.18.070 Final Recording
A. The applicant shall submit two (2) full-size copies of the record of survey on mylar to the Community
Development Department. Additionally, the applicant shall submit one (1) electronic copy to the
Community Development Director, and one (1) electronic copy to the Grant County Assessor’s office.
B. The Community Development Department shall take the two (2) mylar record of surveys to the Grant
County Auditor after the mylars are signed by the City Manager. One (1) mylar record of survey shall be
conformed by the Grant County Auditor and returned to the City Engineer.
C. Binding site plans are not valid and do not confer any rights or privileges upon the property or its
owners unless the record of survey for a binding site plan bears the approval by the City Manager. (Ord.
2576, 7/27/10; Ord. 2384, 3/25/08; Ord. 2293, 3/27/07)
D. Within one (1) year after the binding site plan is approved, the applicant shall provide all necessary
documents, with notarized signatures of the owners, and all payments and fees that are required with
the binding site plan, to the Plat Administrator. If said documents and fees are not provided to the Plat
Administrator within one (1) year of the binding site plan approval, the binding site plan shall be expired.
18.30. Commercial Zones
18.30.030 Land Uses In Commercial Zones Table-
Amend the allowed uses in Commercial Zones Table to permit Municipal Facilities, including
emergency services buildings in the C-2 Commercial Zone.
18.40 Industrial Zones
18.40.030 Allowed Uses, Table 1: Land Uses In Industrial Zones
Amend the allowed uses in Industrial Zones Table to permit Mini-Storage buildings in the HI-
Heavy Industrial Zone.
20.07.010 Required Public Notice:
Moses Lake Council Packet 5-23-23, Page 37 of 130
Page 12 of 14
A. City Notice of Development Application - Issuance and Contents: The City Zoning Administrator
shall provide a Notice of Development Application to the public and the departments and
agencies with jurisdiction as provided in this section. If the Responsible Official has made a
determination of significance under Chapter 43.21C RCW concurrently with the Notice of
Development Application, the Notice of Development Application shall be combined with the
determination of significance and scoping notice. Nothing in this section prevents a
determination of significance and scoping notice from being issued prior to the Notice of
Development Application. The Notice shall include but not be limited to the following:
1. The name of the applicant.
2. Date of application.
3. The date of the notice of completeness.
4. The date of the notice of development application.
5. The location of the project, including legal description and common address or location.
6. A project description.
7. A list of the project permits included in the application and, if applicable, a list of any studies
requested under RCW 36.70B.070 or 36.70B.090.
8. A list of any other requested approvals, actions, and/or required studies and the
identification of other permits not included in the application, to the extent known by the
City.
9. A public comment period not less than fourteen (14) days nor more than thirty (30) days
following the date of notice of application, and statements of the right of any person to
comment on the application, receive notice of and participate in any hearings, request a
copy of the decision once made, and any appeal rights.
10. Identification of existing environmental documents and the location where such documents
can be reviewed.
11. A City staff contact person and phone number.
12. The date, time, place and type of a public hearing if applicable and one has been scheduledA
statement of the preliminary determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation and of consistency as
provided in Chapter 20.08.
13. A statement that the decision on the application will be made within one hundred and
twenty (120) days of the date of the notice of completeness.
14. Any other information determined appropriate by the City, such as the City’s threshold
determination, if complete at the time of issuance of the notice of application.
B. Time Frame for Issuance of Notice of Application.
1. The City shall issue a Notice of Development Application within fourteen (14) days of issuing
a notice of completeness under Chapter 20.05.
2. If any open record pre-decision hearing is required for the requested development
permit(s), the Notice of Development Application shall be provided at least fifteen (15) days
prior to the open record hearing.
C. Mailing Notice. The Notice of Development Application shall be mailed to all property owners
as shown on the records of the County Assessor and to all street addresses of properties within
five hundred (500) feet, not including street rights-of-way, of the boundaries of the property
which is the subject of the meeting or pending action. The area of notification may be
expanded as determined by the Community Development Director.
D. Published Notice. The Notice of Development Application shall be published once in the City’s
official newspaper of general circulation in the general area where the proposal is located.
Moses Lake Council Packet 5-23-23, Page 38 of 130
Page 13 of 14
E. Posting: Posting of property for site specific developments shall consist of one or more notice
boards as follows:
1. A single notice board shall be placed by the applicant;
a. At the midpoint of the site street frontage or as otherwise directed by the City for
maximum visibility;
b. Five feet (5') inside the property line, except when the board is structurally attached to
an existing building, provided that no notice board shall be placed more than five feet
(5') from the street property without approval of the City;
c. So that the top of the notice board is between seven (7) to nine (9) feet above grade;
and
d. Where it is completely visible to pedestrians.
2. Additional notice boards may be required when:
a. The site does not abut a public road;
b. A large site abuts more than one public road;
c. The City determines that additional notice boards are necessary to provide adequate
public notice.
3. Notice boards shall be:
a. Maintained in good condition by the applicant during the notice period;
b. In place at least thirty (30) days prior to the date of the hearing, or at least fifteen (15)
days prior to the end of any required comment period;
c. Removed within fifteen (15) days after the end of the notice period.
4. Removal of the notice board prior to the end of the notice period may be cause for
discontinuance of the City review until the notice board is replaced and remains in place for
the specified time period.
5. An affidavit of posting shall be submitted to the City by the applicant prior to the hearing or
final comment date. If the affidavits are not filed as required, any scheduled hearing or date
by which the public may comment on the application, will be postponed in order to allow
compliance with this notice requirement. Any time required to ensure compliance with this
requirement shall be excepted from the one hundred twenty (120) days pursuant to section
20.09.090.
6. Notice boards shall be constructed and installed in accordance with specifications
promulgated by the City.
E. Categorically Exempt Projects. A Notice of Application shall not be required for development
applications that are categorically exempt under chapter 43.21C RCW, unless a public comment
period or an open record pre-decision hearing is required. (Ord. 2105, 12/23/02)
20.07.020 Notice of Public Hearing:
Notice of a public hearing for all development applications and all closed record appeals shall be given
as follows:
A. Time of Notices. Except as otherwise required, public notification of meetings, hearings, and
pending actions under Titles 14 through 19 shall be made by:
1. Publication at least fourteen (14) days before the date of a public meeting, hearing, or
pending action in the City’s official newspaper of general circulation; and
2. Mailing at least fourteen (14) days before the date of a public hearing, or pending action to
all property owners as shown on the records of the County Assessor and to all street
addresses of properties within five hundred (500) feet, not including street rights-of-way, of
the boundaries of the property which is the subject of the meeting or pending action.
Moses Lake Council Packet 5-23-23, Page 39 of 130
Page 14 of 14
B. Content of Notice. The public notice shall include a general description of the proposed project,
type of permit(s) required, a non-legal description of the property or a vicinity map or sketch,
the time, date and place of the public hearing and the place where the complete application
may be reviewed and where further information may be obtained.
C. Continuations. If, for any reason, a meeting or hearing on a pending action cannot be completed
on the date set in the public notice, the meeting or hearing may be continued to a date certain
and no further notice under this section is required.
D. General Procedure for Mailed Notice of Public Hearing. The City shall issue a sworn certificate of
mailing to all persons entitled to notice under this Chapter. The City may choose to provide
notice to other persons than those required to receive notice under the code. All public notices
shall be deemed to have been provided or received on the date the notice is deposited in the
mail or is personally received, whichever occurs first.
E. Cost of Public Hearing Notice. All costs associated with public notice shall be borne by the
applicant.
F. Joint Hearings.
1. The City Zoning Administrator may combine any hearing on a project permit with any
hearing that may be held by another local, state, regional, federal, or other agency, provided
that the hearing is held within the geographic boundary of the City. Hearings shall be
combined if requested by the applicant, as long as the joint hearing can be held within the
time periods specified in 20.09.090 or the applicant agrees to the schedule in the event that
additional time is needed in order to combine the hearings.
2. The City Zoning Administrator shall cooperate to the fullest extent possible with other
agencies in holding a joint hearing if requested to do so, as long as:
a. The agency is not expressly prohibited by statute from doing so;
b. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice
requirements as set forth in statute, ordinance, or rule; and
c. The agency has received the necessary information about the proposed project from the
applicant to hold its hearing at the same time as the City’s hearing.
20.09.015 Reserved
Moses Lake Council Packet 5-23-23, Page 40 of 130
Page 1 of 6
STAFF REPORT
To: Planning Commission
From: Nathan Pate, Senior Planner
Thru: Kirsten Sackett, Community Development Director
Meeting Date: December 15, 2022
Proceeding Type: Public Hearing (Legislative)
Subject: Miscellaneous text amendments to the Moses Lake Municipal Code
Legislative History:
• First Presentation: June 16, 2022
• Expedited Commerce Review pursuant to RCW 36.70A.106
Ended October 18, 2022
• Action: Motion – Recommend Approval Draft Ordinance
Overview
The Community Development Department has prepared miscellaneous text amendments to the Moses Lake Municipal Code (MLMC). The City of Moses Lake Planning Commission is being asked to conduct a final review and consider the proposed amendments at this public hearing and make a
recommendation to the Moses Lake City Council. The City Council will then consider the Planning Commission’s recommendation at a future public hearing, at which time Council may adopt, reject, or modify the recommendation.
The following is a summary of the proposed amendments to the MLMC, as further detailed in the attached ordinance:
A. MLMC 16.02.020 Building Codes Adopted - regarding the applicability threshold for materials moved. (the grading threshold will be reduced from 5,000 cubic yards to 500 cubic yards). In part, this amendment allows an early start of permit proceedings to advance SEPA notice; and is consistent with SEPA thresholds.
MLMC 16.02.020 Building Codes Adopted – State Building Code Amendments – regarding
update and reference to the currently adopted State Building Codes. Annually (2-years), new and revised building codes are adopted by Washington State.
MLMC 16.02.045 Building Prior to Filing Final Plat - regarding the allowance of advance
residential construction prior to final plat approval. The existing Code section conflicted within its sections, and the process and parameters did not support the purpose and intent of the provision. This amendment allows for advance construction, the completion of limited housing
at time of recording the plat and sets standards that can be achieved with less conflicts and risks.
Moses Lake Council Packet 5-23-23, Page 41 of 130
Page 2 of 6
B. MLMC 17.12.150 Final Major Subdivision Recommendation and Approval - regarding the allowance for the City Manager approval of Final Plats. This is in an effort to expedite Plat
processing, allow for administrative action, and reduce time frames for recording of the subdivision.
MLMC 17.18.070 Binding Site Plan Final Recording - regarding the time frame for permit
action. This addition is consistent with State Statutes and necessary for vesting rights of the applicant and City.
C. MLMC 20.07.010 Required Public Notice - regarding conflicts of public notices. This amendment supports public outreach and participation by mailer rather than newspaper review. Newspaper advertisement is necessary, but citizens receive information in varied ways outside of the traditional notice by newspaper. In addition, this allows for greater public participation during the public comment period. Finally, this early notice supplants the need for the "Neighborhood Meeting" requirement within the Code.
MLMC 20.07.020 Notice of Public Hearing – regarding minor updates to clarify existing notice provisions.
MLMC 20.09.015 Neighborhood Meeting - regarding the repeal of this entire section. The requirement for a neighborhood meeting that is informational is misleading to the public. Attendees at the meetings are not represented within the legal notice and permit process but believe to be by those in attendance. The legal notice and permit process is shadowed by this
non-binding requirement that does not address the concerns of the applicant nor the public. Although informative, an additional meeting is not preferred over that of a regulated and/or City mandated procedure that adds to the requirements of law.
D. MLMC 18.30.030 D. Land Uses In Commercial Zones Table – regarding an amendment in the uses in Commercial Zones Table to permit Municipal Facilities, including emergency services buildings in the C-2 Commercial Zone with a Conditional Use Permit.
E. MLMC 18.040 E Table 1: Land Uses in Industrial zones – regarding an amendment to the uses in the Industrial Uses Table to allow mini-storage facilities to be located in the Heavy Industrial zone as an outright use.
Background
The City of Moses Lake is in the process of a complete update and overhaul of its development code Title 14 through Title 19, creating a unified development code. The overhaul is expected to be completed in mid-2023. In the interim, minor amendments have been identified that may relieve undue burden to citizens of Moses Lake, address new or pending code updates, and provide for a more streamlined permitting process. On June 16, 2022, the Planning Commission received portions of the requested amendments during a study session and indicated the progression of the amendments in a
positive manner.
Process
1. On June 16, 2022, the Planning Commission held a workshop to review the draft amendments and initiate the amendment process pursuant to MLMC Chapter 19.55.
2. On October 13, 2022, the Washington State Department of Commerce Request for Review
with an Expedited Review required was transmitted.
Moses Lake Council Packet 5-23-23, Page 42 of 130
Page 3 of 6
3. On October 27, 2022, the Washington State Department of Commerce granted the Expedited Review pursuant to RCW 36.70A.106.
4. The City of Moses Lake issued a SEPA Determination of Non-Significance on October 2, 2022, regarding this non-project action.
5. The public comment period ended October 18, 2022.
6. The City of Moses Lake Stormwater System Manager provided comment on October 13, 2022 regarding the grading and excavation threshold (attached). In summary, the Stormwater System Manager requested that the Planning Commission change the threshold to an area of ½ acre rather than that of 500 cubic feet.
7. Public Hearing Notice was published on December 1, 2022
Recommended Findings of Fact
1. From time-to-time amendments to the City of Moses Lake Municipal Code (MLMC) are necessary and warranted due to changes in industry standards, desired to expedite permit process, necessary to meet and comply with State Statues, and/or necessary to correct known conflicts of Code. The varied amendments proposed are limited / docket to 2022 and not a part of the Growth Management Act Periodic Update (RCW 36.70A.130) – Comprehensive Plan / Code update
2. The requested amendments have been processed in compliance with State and Local
regulations and standards.
3. One comment was received within the public comment period.
4. Upon due notice, the Planning Commission held a public hearing on December 15, 2022, to
consider and make recommendations on the varied code amendments listed within the Staff Report Dated December 8, 2022 herein attached.
5. In part, the proposed amendments within MLMC 16.02.020 and 16.02.045 further the
purpose statement within MLMC 16.02.010. 6. A. MLMC 16.02.020 Building Codes
Pursuant to MLMC 16.02.010 Purpose of Chapter, this chapter is enacted for the purpose of adopting rules and regulations for the protection of the health, safety and general welfare of the public governing the creation, construction, enlargement, relocation, conversion, alteration, repair, occupancy, use, height, court area, sanitation, ventilation, and maintenance of all buildings and structures within this jurisdiction.
7. A. MLMC 16.02.020 Building Codes Adopted – State Building Code Amendments The State of Washington has adopted the International Building Code pursuant to Chapter 19.27 RCW. Compliance with the RCW is required and the statute allows latitude for local
jurisdictions to apply differing applicability thresholds to meet local needs. The City of Moses Lake amendment is consistent with the RCW and MLMC.
8. B. MLMC 17.12.150 Final Major Subdivision Recommendation and Approval
Pursuant to MLMC 17.03.020 Purpose, this title regulates the subdivision of land and promotes the health, safety, and general welfare in accordance with standards established by the City and the State: to prevent the overcrowding of land; to lessen congestion in the streets and
highways; to provide for adequate light and air; to facilitate adequate provision for water, sewage, park and recreation areas, sites for schools and school grounds, and other public
Moses Lake Council Packet 5-23-23, Page 43 of 130
Page 4 of 6
requirements; to provide for proper ingress and egress; and to require uniform monumentation of land subdivisions and conveyance of properties by accurate legal description.
In part, the proposed amendments within MLMC 17.12.150 and 17.18.070 further the purpose statement within MLMC 17.03.020.
Compliance with RCW 58.17 is required and the statute allows latitude for local jurisdictions to
apply differing approval processes to meet local needs. Pursuant to RCW 58.17.035, Binding Site Plans are an alternative method of land division in which “A city, town, or county may adopt by ordinance procedures for the divisions of land by use of a binding site plan as an alternative to the procedures required by this chapter…. Such ordinance may apply the same or different requirements and procedures to each of the three types of divisions and shall provide for the alteration or vacation of the binding site plan and may provide for the administrative approval of the binding site plan.” The proposed amendment is allowed by statute and resolves a known processing delay.
9. C. MLMC 20.07.010 Required Public Notice Public notice and the process for notice is essential in clear and transparent communication with both the applicant and citizens of Moses Lake. MLMC Chapter 20 provides the standards, criteria and specifications for notice.
10. In part, the proposed amendments within MLMC 20.07.010, .0202 and 20.09.015 further the purposes of providing public notice consistent with Chapter 20.
11. D. MLMC 18.30.030 D. Land Uses In Commercial Zones Table
The City of Moses Lake Comprehensive Plan’s Public Land Use Designation purpose specifically lists facilities operated by state, county, municipal, or other government agencies
within the Public (P) Zoning District. The public facility category contains public and institutional uses including facilities operated by state, county, municipal, or other government agencies; public educational institutions; public libraries, hospitals, and a municipal airport.
Public utilities, both privately and publicly owned, are included in this category.
Facilities operated by state, county, municipal, or other government agencies need to be located in a variety of Zoning Districts
Facilities operated by state, county, municipal, or other government agencies include but are not limited to fire and police stations. Response times of fire and police are directly related to the location and proximity of the stations to area that need emergency services. As such, the proposed text amendment to allow facilities operated by state, county, municipal, or other government agencies in the Commercial zoning districts by a Conditional Use Permit is warranted regarding changing the use chart MLMC 18.30.030 D
12. Pursuant to MLMC 18.30.010 Purpose, the purpose of this chapter is to provide for:
a. A well-distributed system of community-based retail, service, neighborhood
convenience, and regional-based retail uses;
b. Land uses that meet the needs of local residents and attract regional populations; and
c. Land areas within the City to meet the needs of commercial development.
13. E. MLMC 18.040 E Table 1: Land Uses in Industrial zones
In part, the proposed amendments within18.30.030 D further the purpose statement within MLMC 18.30.010 by allowing previously prohibited uses to be allowed in appropriate Zoning
Districts.
Moses Lake Council Packet 5-23-23, Page 44 of 130
Page 5 of 6
14. The City of Moses Lake Comprehensive Plan Goals and Policies allow Industrial Land Use Designations and Zoning District with Land Uses appropriate to the district. According to the
Comprehensive Plan Purpose, the Industrial designation supports the industrial, manufacturing, and transportation sectors of the Moses Lake economy and provides opportunities for land uses requiring large tracts of land and outdoor facilities. This includes the
Moses Lake Municipal Airport, which provides general aviation services to the city and surrounding areas.
15. The Principal Uses within the Industrial Land Use Designations: Principal uses in the Industrial designation include light and heavy manufacturing, fabrication, processing, warehousing, indoor and outdoor storage, and essential public facilities. Office uses are limited to accessory uses that support these primary uses. Limited supportive uses are allowed. It also includes natural resource-based industries that require land consumptive wastewater treatment methods, such as spray fields. In deciding which uses should be allowed, the protections provided by performance standards, permit conditions, and sensitive areas regulations should be considered.
16. Goal 3.5 of the Land Use Element of the Comprehensive Plan states “Encourage the development of diversified industrial and manufacturing activities to provide employment and strengthen the economy and tax base.” Mini Storage provides a part of the economy stability of the community.
17. Mini Storage should be encouraged outside of Commercial Zoning and into Light and Heavy Industrial Zoning Districts. The use is allowed in Light Industrial Zoning and this amendment recognizes the use appropriate to Heavy Industrial Zoning.
18. Allowing Mini Storage within MLMC18.040 E supports the Goals of the Comprehensive and encourages the use in an appropriate District – Heavy Industrial.
Packet Attachments
A. Draft Code Amendments
B. Public Notice
C. SEPA review packet
Legal Review
Type of Document
An Ordinance will be prepared for adoption by the City Council
Options
Option Results
• Recommend adoption of proposed
amendments as presented
Proposed Amendments will be transmitted to City Council for final adoption.
Moses Lake Council Packet 5-23-23, Page 45 of 130
Page 6 of 6
• Provide staff with changes Staff would follow requested changes and return with changes for the Planning
Commission to consider
• Take no action The Amendments will not be transmitted to Council.
Action Requested
Motion to recommend approval of the Proposed Code Amendments and request that the City Council adopt the amendments as transmitted and forward the Findings of Fact as incorporated by the Planning
Commission.
Moses Lake Council Packet 5-23-23, Page 46 of 130
MOSES LAKE
City of Moses Lake
STATE ENVIRONMENTAL POLICY ACT (SEPA)
Determination of Non-Significance (DNS)
Proponent: City of Moses Lake
Lead Agency: City of Moses Lake File #: PLN2022-0049
Location: Within the City limits of Moses Lake
Description: Amending miscellaneous development regulations within the Moses Lake Municipal Code (MLMC):
MLMC 16.02.020 Building Codes Adopted- Changing the threshold to obtain a grading permit from 5000
cu yds to 500 cu yds.
MLMC 16.02.045 Building Prior to Filing Final Plat- Establishing the conditions to obtain a building permit
for a single-family structure on a preliminary plat.
MLMC16.02.020 State Building Code Amendments
MLMC 17.12.10 Recording Final Major Plat-Designating the City Manager to sign final major plats upon
approval of the Hearing Examiner.
MLMC 17.18.070 Binding Site Plan Final Recording;
MLMC 20.07.010 Required Public Notice;
MLMC 20.07.020 Notice of Public Hearing;
MLMC 20.09.015 Neighborhood Meeting.
MLMC 18.30.030 D. Land Uses In Commercial Zones Table. Amend the uses in Commercial Zones Table to
permit Municipal Facilities, including emergency services buildings in the C-2 Commercial Zone with a
Conditional Use Permit.
MLMC 18.040 E Table 1: Land Uses in Industrial zones. Amend the uses in the Industrial Uses Table to
allow mini-storage facilities to be located in the Heavy Industrial zone as an outright use.
This is a non-project proposal to amend the City of Moses Lake Municipal Code to provide consistency with state
statutes, streamline permitting processes, and improve environmental review.
The City of Moses Lake has determined that this proposal will not have a probable significant adverse impact on
the environment. An environmental impact statement (ELS) is not required under RCW 43.21C.030. This decision
was made after review of the attached Environmental Checklist and the proposed development code
amendments. This information is available at: Moses Lake Department of Community Development, 321 S. Balsam
St, or contact Vivian Ramsey, 509.764.3749. planning@cityofml.com.
This DNS is issued under WAC 197-11-340(2) and the comment period will end on October 18, 2022. Any action to set
aside, enjoin, review, or otherwise challenge this administrative SEPA action on the grounds of noncompliance with the
provisions of Chapter 43.21C RCW shall be made to the Hearings Examiner within 14 days of this decision.
Responsible Official:Kirsten Sackett, Community Development Director
Community Development Department
321 S Balsam st., Moses Lake WA 98837
509.764.33751, ksackett@cityofml.com
Signature Date O&..g, 9o;h*
Appeal process: This decision may be appealed per the provisions of Moses Lake Municipal Code 14.06.070.C.
Community Development Department
Moses Lake Civic Center Annexa 321 S. Balsam Street - P.0. Drawerl579 - Moses Lake, WA 98837
www.cityofml.com - 509-764-3750 planning@cityofml.comMoses Lake Council Packet 5-23-23, Page 47 of 130
SEPA ENVIRONMENTAL CHECKLIST
Purpose of checklist:
Governmental agencies use this checklist to help determine whether the environmental impacts of your
proposal are significant. This information is also helpful to determine if available avoidance, minimization
or compensatory mitigation measures will address the probable significant impacts or if an environmental
impact statement will be prepared to further analyze the proposal.
Instructions for applicants:
This environmental checklist asks you to describe some basic information about your proposal. Please
answer each question accurately and carefully, to the best of your knowledge. You may need to consult
with an agency specialist or private consultant for some questions. You may use "not applicable" or
"does not apply" only when you can explain why it does not apply and not when the answer is unknown.
You may also attach or incorporate by reference additional studies reports. Complete and accurate
answers to these questions often avoid delays with the SEPA process as well as later in the decision-
making process.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of
time or on different parcels of land. Attach any additional information that will help describe your proposal
or its environmental effects. The agency to which you submit this checklist may ask you to explain your
answers or provide additional information reasonably related to determining if there may be significant
adverse impact.
Instructions for Lead Agencies:
Please adjust the format of this template as needed. Additional information may be necessary to
evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse
impacts. The checklist is considered the first but not necessarily the only source of information needed to
make an adequate threshold determination. Once a threshold determination is made, the lead agency is
responsible for the completeness and accuracy of the checklist and other supporting documents.
Use of checklist for nonproject proposa/s;
For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable
parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please
completely answer all questions that apply and note that the words "project," "applicant," and "property or
site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead
agency may exclude (for non-projects) questions in Part B - Environmental Elements -that do not
contribute meaningfully to the analysis of the proposal.
A. Background 13
1. Name of proposed project, if applicable:
Miscellaneous text amendments to the Moses Lake Municipal Code
2. Name of applicant:
City of Moses Lake
3. Address and phone number of applicant and contact person:
Vivian Ramsey, p.o. Box 1579, Moses Lake, WA 98837
SEPA Environmental checklist (WAC 197-11-960)July 2016 Page 1 of 11
Moses Lake Council Packet 5-23-23, Page 48 of 130
509.764.37 49
4. Date checklist prepared: July 14, 2022
5. Agency requesting checklist: City of Moses Lake
6. Proposed timing or schedule (including phasing, if applicable):
City wide ordinances can be adopted within 60 days, if the Department of Commerce agrees to
Expidited Review
7. Do you have any plans for future additions, expansion, or further activity related to or connected with
this proposal? If yes, explain.
The City of Moses Lake is in the process of a complete update and overhaul of its development
code, creating a unified development code. The overhaul is expected to be completed in mid
2023.
8. List any environmental information you know about that has been prepared, or will be prepared,
directly related to this proposal.
N/A
9. Do you know whether applications are pending for governmental approvals of other proposals
directlyaffectingthepropertycoveredbyyourproposal? Ifyes,explain.
The City of Moses Lake Planning Commission will consider the proposed amendments at a public
hearing and make a recommendation to the Moses Lake City Council. The City Council will then
consider the Planning Commission's recommendation at a public hearing, and may adopt, reject,
or change the recommendation.
10. List any government approvals or permits that will be needed for your proposal, if known.
Planning Commission consideration, hearing and recommendation.
Moses Lake City Council consideration, hearing and adoption.
11. Give brief, complete description of your proposal, including the proposed uses and the size of the
project and site. There are several questions later in this checklist that ask you to describe certain
aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may
modify this form to include additional specific information on project description.)
The following amendments are proposed :
* MLMC 16.02.020 A. Building Codes Adopted - regarding the applicability threshold for materials moved
(grading). The amendment requires a grading permit when 500 cubic yards or more of material will be
moved. Currently, the MLMC requires a grading permit when from 5000 cubic yards or more of material
are moved. In part, this amendment allows an early start of permit proceedings to advance SEPA notice;
and is consistent with SEPA flexible thresholds.
* MLMC 16.02.020 B. The Intermantional Residential Code Appendices. The amendment adopts Appendix
H-Patio Covers and Appendix Q- Tiny houses.
* MLMC 16.02.020 C The State Plumbing Code. The amendment adopts Chapter 7 Part II, Building Sewers.
* MLMC 16.02.020 D Adopts the International Swimming Poll and Sap code, most current editions.
* MLMC 16.02.045 Building Prior to Filing Final Plat - regarding the allowance of advance residential
construction prior to final plat approval. The existing Code section conflicted within its sections and the
process and parameters did not support the purpose and intent of the provision. This amendment allows
for advance construction, the completion of limited housing at time of recording the plat and sets
standards that can be achieved with less conflicts and risks.
* MLMC 16.02.050 D Adopts new sections to the IRC 105.2 (11).
* MLMC 16.02.050 E Adopts new sections to the 1RC105.2 (12).
* MLMC 16.02.050 H. Is amended to read: Section 112.1, of the IRC and Section 113.1 of the IBC...
* MLMC 16.02.050 I is amended to read: Section 112.3, of the IRC and Section 113.3 of the IRC is not
adopted.
* MLMC 16.02.050 J is amended to read: Section 116 of the IBC is not adopted.
* MLMC 16.02.050 K formatting is amended (from MLMC 16.02.050 J to MLMC 16.02.050 K.)
SEPA Environmental checklist (WAC 197-11-960)July 2016 Page 2 of 11Moses Lake Council Packet 5-23-23, Page 49 of 130
@ MLMC 16.02.050 L formatting is amended (from MLMC 160.02.050 K to MLMC 160.02.050 L)
* MLMC 16.02.050 M formatting is amended (from MLMC 160.02.050 L to MLMC 160.02.050 M.) and the
text is amended as follows:
o M. k WAC 51-56-0100 adopting section !QZQ. -1Q2=4 of the State Plumbing Code is
replaced with the following new subsection:
o Section 107.0. 102.4 /\ppcals. /\11 rcferences in this Code to the Board of Appeals shall be
deemed to refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner
shall perform the function of the Board of Appeals. Any request for an appeal shall be
accompanied by the required fees for the Hearing Examiner as established in other
ordinances of the city. The Hearing Examiner may adopt rules of procedure for conducting
his business. Such rules of procedure shall be available to the public upon request. All
decisions shall be in writing and shall be delivered to the appellant as well as to the city.
@ MLMC 16.02.050 N formatting is amended (from MLMC 160.02.050 M to MLMC 160.02.050 N)
* MLMC 18.30. Commercial Zones
18.30.030 Table 1: Land Uses In Commercial Zones
Amend the allowed uses in Commercial Zones Table to permit Municipal Facilities, including emergency
services buildings in the C-2 Commercial Zone.
* 18.40 Industrial Zones
18.40.030 Allowed Uses, Table 1: Land Uses In Industrial Zones
Amend the allowed uses in Industrial Zones Table to permit Mini-Storage buildings in the Hl-Heavy
Industrial Zone.
* MLMC 17.12.150 Final Major Subdivision Recommendation and Approval - regarding the allowance for
the City Manager approval of Final Plats. This is in an effort to expedite Plat processing, allow for
administrative action, and reduce time frames for recording of the subdivision.
* MLMC 17.18.070 Binding Site Plan Final Recording - regarding the time frame for permit action. This
addition is consistent with State Statutes and necessary for vesting rights of the applicant and City.
* MLMC20.07.010RequiredPublicNotice-regardingconflictsofpublicnotices.Thisamendmentsupports
public outreach and participation by mailer rather than newspaper review. Newspaper advertisement is
necessary, but citizens receive information in varied ways outside of the traditional notice by newspaper.
In addition, this allows for greater public participation during the public comment period. Finally, this
early notice supplants the need for the "Neighborhood Meeting" requirement within the Code.
* MLMC 20.09.015 Neighborhood Meeting - regarding the repeal of this entire section. The requirement
for a neighborhood meeting that is informational is misleading to the public. Attendees at the meetings
are not represented within the legal notice and permit process but believe to be by attendance. The legal
notice and permit process is shadowed by this non-binding requirement that does not address the
concerns of the applicant nor the public. Although informative, a voluntary meeting is preferred over that
of a regulated and/or City mandated procedure that adds to the requirements of law.
@ MLMC18.030 E Table 1: Land Uses in Industrial zones. Allowing mini-storage facilities to be located in the
Heavy Industrial zone.
12. Location of the proposal. Give sufficient information for a person to understand the precise location
of your proposed project, including a street address, if any, and section, township, and range, if known.
If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a
legaf description, site plan, vicinity map, and topographic map, if reasonably available. While you should
submit any plans required by the agency, you are not required to duplicate maps or detailed plans
submitted with any permit applications related to this checklist.
The code amendments will be applicable City-wide in Moses Lake, Grant County Washington.
SEPA Environmental checklist (WAC 197-11-960)July 2016 Page 3 of 11Moses Lake Council Packet 5-23-23, Page 50 of 130
B. Environmental Elements
a. General description of the site:
(circle one): Flat, rolling, hilly, steep slopes, mountainous, otheri ihrub-steppe
b. What is the steepest slope on the site (approximate percent slop
c. What general types of soils are found on the site (for example, clay, sand, gravel, peat,
muck)? If you know the classification of agricultural soils, specify them and note any
agricultural land of long-term commercial significance and whether the proposal results in
removing any of these soils.
The area of Moses Lake has a variety of soils from sand, clay,rock and various materials
d. Are there surface indications or history of unstable soils in the immediate vicinity? If so,
describe.
No
e. Describe the purpose, type, total area, and approximate quantities and total affected area of
any filling, excavation, and grading proposed. Indicate source of fill.
f. Could-erosion occur as a result of clearing, construction, or use? If so, generally describe.
g. About what percent of the site will be covered with impervious surfaces after project
construction (for example, asphalt or buildings)
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
a. What types of emissions to the air would result from the proposal during construction,
operation, and maintenance when the project is completed? If any, generally describe and
give approximate quantities if known.
No construction, city wide ordinance
b. Are there any off-site sources of emissions or odor that may affect your proposal? If so,
generally describe.
N/A
c. Proposed measures to reduce or control emissions or other impacts to air, if any:
N/A
3. Water [
a. Surface Water: §3
1 ) Is there any surface water body on or in the immediate vicinity of the site (including
year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe
type and provide names. If appropriate, state what stream or river it flows into.
N/A
2) Will the project require any work over, in, or adjacent to (within 200 feet) the described
waters? If yes, please describe and attach available plans.
N/A
3) Estimate the amount of fill and dredge material that would be placed in or removed
from surface water or wetlands and indicate the area of the site that would be affected.
Indicate the source of fill material.
N/A
SEPA Environmental checklist (WAC 197-11-960)July 2016 Page 4 of 41Moses Lake Council Packet 5-23-23, Page 51 of 130
4) Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known.
N/A
5) Does the proposal lie within a 1 00-year floodplain? If so, note location on the site plan.
N/A
6) Does the proposal involve any discharges of waste materials to surface waters? If so,
describe the type of waste and anticipated volume of discharge.
N/A
b. Ground Water:
1 ) Will groundwater be withdrawn from a well for drinking water or other purposes? If so,
give a general description of the well, proposed uses and approximate quantities
withdrawn from the well. Will water be discharged to groundwater? Give general
description, purpose, and approximate quantities if known.
N/A
2) Describe waste material that will be discharged into the ground from septic tanks or
other sources, if any (for example: Domestic sewage; industrial, containing the
following chemicals... ; agricultural; etc.). Describe the general size of the system, the
number of such systems, the number of houses to be served (if applicable), or the
number of animals or humans the system(s) are expected to serve.
N/A
c. Water runoff (including stormwater):
1 ) Describe the source of runoff (including storm water) and method of collection
and disposal, if any (include quantities, if known). Where will this water flow?
Will this water flow into other waters? If so, describe.
N/A
2) Could waste materials enter ground or surface waters? If so, generally describe.
N/A
3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If
so, describe.
N/A
d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage
pattern impacts, if any:
N/A
4. Plants [
a. Check the types of vegetation found on the site:
crop or grain
Orchards, vineyards or other permanent crops.
wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
water plants: water lily, eelgrass, milfoil, other
other types of vegetation
SEPA Environmental checklist (WAC 197-11-960)July 2016 Page 5 of 11Moses Lake Council Packet 5-23-23, Page 52 of 130
b. What kind and amount of vegetation will be removed or altered?
N/A
c. List threatened and endangered species known to be on or near the site.
N/A
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance
vegetation on the site, if any:
N/A
e. List all noxious weeds and invasive species known to be on or near the site.
N/A
5. Animals [i
a. List any birds and other animals which have been observed on or near the site or are known
to be on or near the site.
Examples include:
birds: hawk, heron, eagle, songbirds, other:
mammals: deer, bear, elk, beaver, other:
fish: bass, salmon, trout, herring, shellfish, other
b. List any threatened and endangered species known to be on or near the site.
N/A
c. Is the site part of a migration route? If so, explain.
N/A
d. Proposed measures to preserve or enhance wildlife, if any:
N/A
e. List any invasive animal species known to be on or near the site.
N/A
6. Energy and Natura/ Resources [
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet
the completed project's energy needs? Describe whether it will be used for heating,
manufacturing, etc.
Non Project Related, City Wide Ordinance
b. Would your project affect the potential use of solar energy by adjacent properties?
If so, generally describe.
N/A
c. What kinds of energy conservation features are included in the plans of this proposal?
List other proposed measures to reduce or control energy impacts, if any:
N/A
7. Environmental Health [5
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk
of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal?
If so, describe.
1 ) Describe any known or possible contamination at the site from present or past uses.
N/A
2) Describe existing hazardous chemicals/conditions that might affect project development
and design. This includes underground hazardous liquid and gas transmission pipelines
SEPA Environmental checklist (WAC 197-'11-960)July 2016 Page 6 of 11Moses Lake Council Packet 5-23-23, Page 53 of 130
located within the project area and in the vicinity.
N/A
3) Describe any toxic or hazardous chemicals that might be stored, used, or produced
during the project's development or construction, or at any time during the operating
life of the project.
N/A
4) Describe special emergency services that might be required.
N/A
5) Proposed measures to reduce or control environmental health hazards, if any:
N/A
b. Noise
4 ) What types of noise exist in the area which may affect your project (for example:
traffic, equipment, operation, other)?
N/A
2) What types and levels of noise would be created by or associated with the project on a
short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi-
cate what hours noise would come from the site.
N/A
3) Proposed measures to reduce or control noise impacts, if any:
N/A
8. Land and Shoreline Use i
a. What is the current use of the site and adjacent properties? Will the proposal affect current
land uses on nearby or adjacent properties? If so, describe.
Non Project oriented proposal. City Wide Ordinence
b. Has the project site been used as working farmlands or working forest lands? If so, describe.
How much agricultural or forest land of long-term commercial significance will be converted to
other uses as a result of the proposal, if any? If resource lands have not been designated
how many acres in farmland or forest land tax status will be converted to nonfarm or
nonforest use?
N/A
1 ) Will the proposal affect or be affected by surrounding working farm or forest land normal
business operations, such as oversize equipment access, the application of pesticides,
tilling, and harvesting? If so, how:
N/A
c. Describe any structures on the site.
N/A
d. Will any structures be demolished? If so, what?
N/A
e. What is the current zoning classification of the site?
N/A
f. What is the current comprehensive plan designation of the site?
N/A
g. If applicable, what is the current shoreline master program designation of the site?
N/A
h. Has any part of the site been classified as a critical area by the city or county? If so, specify.
N/A
i. Approximately how many people would reside or work in the completed project?
N/A
j. Approximately how many people would the completed project displace?
N/A
k. Proposed measures to avoid or reduce displacement impacts, if any:
SEPA Environmental checklist (WAC 197-11-960)July 2016 Page 7 of 11Moses Lake Council Packet 5-23-23, Page 54 of 130
N/A
L. Proposed measures to ensure the proposal is compatible with existing and projected land
uses and plans, if any:
N/A
m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term
commercial significance, if any:
N/A
9. Housing
a. Approximately how many units would be provided, if any? Indicate whether high, mid-
dle, or low-income housing.
N/A
b. Approximately how many units, if any, would be eliminated? Indicate whether high,
middle, or low-income housing.
N/A
c. Proposed measures to reduce or control housing impacts, if any:
N/A
10. Aesthetics §3
a. What is the tallest height of any proposed structure(s), not including antennas; what is
the principal exterior building material(s) proposed?
N/A
b. What views in the immediate vicinity would be altered or obstructed?
N/A
b. Proposed measures to reduce or control aesthetic impacts, if any:
N/A
11. Light and Glare
a. What type of light or glare will the proposal produce? What time of day would it mainly
Occur?
N/A
b. Could light or glare from the finished project be a safety hazard or interfere with views?
N/A
c. What existing off-site sources of light or glare may affect your proposal?
N/A
d. Proposed measures to reduce or control light and glare impacts, if any:
N/A
12. Recreation l
a. What designated and informal recreational opportunities are in the immediate vicinity?
N/A
b. Would the proposed project displace any existing recreational uses? If so, describe.
N/A
c. Proposed measures to reduce or control impacts on recreation, including recreation
opportunities to be provided by the project or applicant, if any:
N/A
13. Historic and cultural preservation [
a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years
old listed in or eligible for listing in national, state, or local preservation registers ? If so,
specifically describe.
N/A
b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation?
This may include human burials or old cemeteries. Are there any material evidence, artifacts,
SEPA Environmental checklist (WAC 197-11-960)July 2016 Page 8 of 11Moses Lake Council Packet 5-23-23, Page 55 of 130
or areas of cultural importance on or near the site? Please list any professional studies
conducted at the site to identify such resources.
N/A
c. Describe the methods used to assess the potential impacts to cultural and historic resources
on or near the project site. Examples include consultation with tribes and the department of
archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc.
N/A
d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance
to resources. Please include plans for the above and any permits that may be required.
N/A
14. Transportation §3
a. Identify public streets and highways serving the site or affected geographic area and
describe proposed access to the existing street system. Show on site plans, if any.
N/A
b. Is the site or affected geographic area currently served by public transit? If so, generally
describe. If not, what is the approximate distance to the nearest transit stop?
N/A
c. How many additional parking spaces would the completed project or non-project proposal
have? How many would the project or proposal eliminate?
N/A
d. Will the proposal require any new or improvements to existing roads, streets, pedestrian,
bicycle or state transportation facilities, not including driveways? If so, generally describe
(indicate whether public or private).
N/A
e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air
transportation? If so, generally describe.
N/A
f. How many vehicular trips per day would be generated by the completed project or proposal?
If known, indicate when peak volumes would occur and what percentage of the volume would
be trucks (such as commercial and nonpassenger vehicles). What data or transportation
models were used to make these estimates?
N/A
g. Will the proposal interfere with, affect or be affected by the movement of agricultural and
forest products on roads or streets in the area? If so, generally describe.
N/A
h. Proposed measures to reduce or control transportation impacts, if any:
N/A
15. Public Services
a. Would the project result in an increased need for public services (for example: fire protection,
police protection, public transit, health care, schools, other)? If so, generally describe.
N/A
b. Proposed measures to reduce or control direct impacts on public services, if any.
N/A
16. Utilities l
a. Circle utilities currently available at the site:
electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system,
other
N/A
SEPA Environmental checklist (WAC 197'l1-960)July 2016 Page 9 of 11Moses Lake Council Packet 5-23-23, Page 56 of 130
b. Describe the utilities that are proposed for the project, the utility providing the service,
and the general construction activities on the site or in the immediate vicinity which might
be needed.
N/A
C, Signature HgB
The above answers are true and complete to the best of my knowledge. I understand that the
Sle0iag"naatgueren:cy is r 71,o,nthem to m,ake4itasdecision.
PositionandAgency/Organization p/q'yln,t;3 /"qriy(=:=.
D. Supplemental sheet for nonproject actions [
(IT IS NOT NECESSARY to use this sheet for project actions)
Because these questions are very general, it may be helpful to read them in conjunction
with the list of the elements of the environment.
When answering these questions, be aware of the extent the proposal, or the types of
activities likely to result from the proposal, would affect the item at a greater intensity or
at a faster rate than if the proposal were not implemented. Respond briefly and in
general terms.
1, How would the proposal be likely to increase discharge to water; emissions to air; pro-
duction, storage, or release of toxic or hazardous substances; or production of noise?
This proposal amends the Moses Lake Municipal Code and is a non-project action which will not
increase discharges to water, emissions to air, and does not involve toxic or hazardous
substances.
Proposed measures to avoid or reduce such increases are:
Not applicable.
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
The proposal will provide greater protection to plants, animals, and fish by requiring SEPA
review at a lower threshold, and consistent with the SEPA threshold.
3. How would the proposal be likely to deplete energy or natural resources?
The proposals will not likely deplete energy or natural resources.
Proposed measures to protect or conserve energy and natural resources are:
N/A
4. How would the proposal be likely to use or affect environmentally sensitive areas or
areas designated (or eligible or under study) for governmental protection; such as parks,
wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or
cultural sites, wetlands, floodplains, or prime farmlands?
The new regulations will protect environmentally sensitive areas by requiring environmental
review at a lower threshold for grading permits.
Proposed measures to protect such resources or to avoid or reduce impacts are:
SEPA Environmental checklist (WAC 197-11-960)July 2016 Page 10 of 11Moses Lake Council Packet 5-23-23, Page 57 of 130
Requiring a grading permit when a minimum of 500 cu yds is moved instead of 5000 cu yds as is
in the current code.
5. How would the proposal be likely to affect land and shoreline use, including whether it
wouldallow or encourage land or shoreline uses incompatible with existing plans?
The amendments to the Municipal Code will not have an impact on the shoreline.
Proposed measures to avoid or reduce shoreline and land use impacts are:
Any new development shall comply with the adopted Shoreline Master Program and the
Shoreline Management act.
6. How would the proposal be likely to increase demands on transportation or public
services and utilities?
The proposed Municipal Code amendments will not have an effect on transportation or public
services or utilities.
Proposed measures to reduce or respond to such demand(s) are:
NA
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or
requirements for the protection of the environment.
The proposed code amendments will support certain requirements of state regulations. The
proposal decreases the threshold to obtain a grading permit from the City to 500 cu yds is
consistent with the SEPA threshold.The proposed time frame to complete the application for a
Binding Site Plan, Final Recording is consistent with state statutes.
SEPA Environmental checklist (WAC 197-11-960)July 2016 Page 11 of 11Moses Lake Council Packet 5-23-23, Page 58 of 130
MOSES LAKE
October 3, 2022
The following are proposed amendments to the City of Moses Lake Municipal Code.
Chapter 16.02
BUILDING PERMITS
Sections:
16.02.010
16.02.020
16.02.030
16.02.040
16.02.045
16.02.050
16.02.060
16.02.065
16.02.070
16.02.080
16.02.085
16.02.087
16.02.090
16.02.100
16.02.110
Purpose of Chapter.
Building Codes Adopted.
Filing of Copies of Codes.
Unplatted Areas.
Building Prior to Filing Final Plat.
State Building Code Amendments.
Other Code Amendments.
Enforcement.
Building Permit Application.
Pole Buildings.
Fees.
Investigation Fees - Work Without A Permit.
Notice to Cease Violation.
Revocation of Business License.
Platting Deemed Insufficient - When.
16.02.010 Purpose of Chapter:
This chapter is enacted for the purpose of adopting rules and regulations for the protection of the health,
safety and general welfare of the public governing the creation, construction, enlargement, relocation,
conversion, alteration, repair, occupancy, use, height, court area, sanitation, ventilation, and maintenance of
all buildings and structures within this jurisdiction. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.020 Building Codes Adopted:
Pursuant to RCW Chapter 1 and RCW Chapter 35 the state building code is established. Effective July
1, 2004, the following appendixes to the state building code are adopted for use within the city:
A. The following International Building Code Appendixes are hereby adopted:
1. Appendix C, Agricultural Buildings.
2. Appendix I, Patio Covers and,
3. Appendix J, Grading when:
a. Grading involves more than !S-pGK) 500 cubic yards, and/or
Moses Lake Council Packet 5-23-23, Page 59 of 130
b. Regulated by either Chapter 19.03 or 19.06 of this Code, and/or
c. Regulated by City of Moses Lake Shorelines Management Master Plan.
C. The State Plumbing Code,
1. Chapter 7 Part It, Building Sewers is hereby adopted.
2. Appendix E, Manufactured/Mobile Home Parks and Recreational Vehicle Parks, is hereby adopted.
D. Additionally, the following codes are adopted. Those codes and the state building code are to be
administered, subject to the modifications and/or amendments set forth in Section 16.02.050 and 16.02.060.
1. 1. The Uniform Code for the Abatement of Dangerous Buildings, most current edition;
2. 2. The Uniform Housing Code published by the International Conference of Building Officials,
most current edition.
3. The international Swimminz Pool and Spa Code, most current edition.
16.02.030 Filing of Copies of Codes:
The city shall maintain on file not less than one (1) copy of the codes adopted in this chapter and the codes
shall be open to public inspection. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.040 Unplatted Areas:
No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in
violation of Chapter 58.17 RCW or the platting ordinances and regulations of the city. No building permit or
other development permit shall be issued for any unplatted property not otherwise permitted to be issued a
building permit unless the City Council finds that the public interest will not be adversely affected by the
issuance of such a permit. The standards to determine if the public interest will be adversely affected
includes but is not limited to consideration of the installation or existence of adequate sewer and water,
conformance to lot size requirements, existence of street, sidewalk and curb improvements, access to the
site, all as respects the proposed building site and the surrounding area. The City Council may condition the
issuance of a building permit on unplatted land on the installation or completion of such utility, street and
sidewalk improvements or other conditions as the City Council upon recommendation of staff shall deem
appropriate. The City Council shall make the grant of the privilege to build on unplatted land specific as to the
proposed building activity and personal to the applicant. The grant of such privilege shall expire if a building
permit is not obtained within six (6) months of the adoption of the resolution provided for herein unless the
applicant requests and obtains an additional thirty (30) day extension from the Community Development
Director. Any request for the thirty (30) day additional extension must be submitted in writing to the
Community Development Director prior to the expiration of the six (6) month limitation period. The
Community Development Director has the discretion to grant the additional extension only when no
significant development code changes have occurred or will occur during the extension period, there is
demonstrable proof of substantial progress made by the applicant, and the request serves the public health,
safety and welfare. No more than one (1) thirty (30) day additional extension may be granted to any
applicant. The City Council shall only direct the issuance of such a permit by a resolution of the City Council.
The following construction is exempt from City Council resolution:
Page 2 of 15
Moses Lake Council Packet 5-23-23, Page 60 of 130
A. Remodeling of an existing, conforming building.
B. Construction of a temporary structure.
C. Fences
D. Signs (Ord. 2814, 5/24/16; Ord. 2686, 8/13/13; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.045 Building Prior to Filing Final Plat:
Building permits are allowed to be issued prior to filing the final plat for single-family residential
structures after the following conditions are met:
A. A. The preliminary major plat of the proposed subdivision has been approved by the Q%
Hearing Examiner or the preliminary short plat of the proposed subdivision has been
approved by the Community Development Director.
B. B. The construction plans for all improvements have been approved by the City Engineer.
C. The site and dwellinH(s) shall meet the normal requirements for residential buildin@ permits
includinH MLMC Title 18, Zoninz. The owner of the subdivision shall be the applicant for the
structure(s).
D. Up to a total of four dwellinzs are permitted in each subdivision phase. Prior to approval of dwellinzs
in phases, the prior phase(s) shall be approved, final, and recorded.
E. No detached accessory structures are permitted within this provision.
F. All property corners shall be set by the developer's surveyor.
G. All zoning setbacks shall be staked from the property line.
H. An all-weather access road approved by the fire marshal has been provided to within one hundred
fifty (150) linear foot of exterior wall on the first floor of each buildinz.
1. Improvements required by MLMC Title 12, Streets, Sidewalks, and Public Places that serve the
dwellinz(s) shall be completed in accordance with the accepted enzineerin@ plans prior to final
inspection and issuance of a Certificate of Occupancy for dwellings.
J. Fire hydrants shall be installed, approved and accepted before any combustible material, other than
foundation forms is delivered to the site.
K. Prior to final plat or final short plat approval, the subdivider shall submit supplemental
documentation that the dwellinz(s) and any appurtenant/accessory structures were constructed
within the boundaries of the proposed lot(s) and said structures comply with all applicable
development and dimensional standards.
L. There shall be no sale of dwelling(s) prior to recordinz of the final plat or final short plat.
M. No dwelling shall be inhabited as a residence prior to recordin@ of the final plat or short plat and
issuance of a Certificate of Occupancy. One (1) model dwellinz may be used as a temporary
marketing center/office after final inspection and issuance of a Temporary Certificate of Occupancy.
Page 3 of 15
Moses Lake Council Packet 5-23-23, Page 61 of 130
Other dwellings may be furnished and decorated to show the general public after final inspection
and issuance of a Temporary Certificate of Occupancy.
N.4 A performance bond, or other secured method approved by the City Attorney, has been approved
by the Community Development Director in the amount of one hundred fifty percent (150%) of the
cost of completing all the remaining improvements that are required by the Moses Lake Municipal
Code and the Community Street and Utility Standards, and fiting the final plat.
16.02.050 State Building Code Amendments:
The following amendments to the State Building Code are adopted and apply within this jurisdiction:
A. Sections 105.1.1 and 105.1.2, of the IBC, are not adopted.
B. Section 105.2 (1), of the IBC and the IRC, is amended to read as follows: 1. One-story detached accessory
structures, provided that only one (1) may be placed on a lot without a permit.
C. Section 105.2 (6), of the IBC and section 105.2(5), of the IRC, are amended to read as follows: 6(IBC) and
5(IRC). Sidewalks, decks and driveways not more than thirty inches (30") (762mm) above grade and not over
any basement or story below and which are not part of an accessible route.
D. There is created a new section 105.2 l (4Q to the IRC to read as follows: 105.2 (lfl 4 Reroofing a
single family dwelling or private garage, provided that no more than twenty-five percent (25%) of the existing
roof sheathing is being replaced.
E. There is created a new section 105.2 l (44) to the IRC and Section 105.2 (14) to the IBC to read as
follows: 105.2 l (44-)IRC and 105.2 (14) IBC Replacing siding over existing siding or exterior sheathing.
F. Section 105.3, of the IBC and the IRC, is not adopted.
G. Section 108.3, of the IBC and the IRC, is amended to read as follows: 108.3 Building Permit Valuations. The
determination of value or valuation under any of the provisions of this code shall be made by the building
official. The value to be used in computing the building permit and building plan review fees shall be the total
value of all construction work for which the permit is issued, as well as all finish work, painting, roofing,
electrical, plumbing, heating air conditioning, elevators, fire-extinguishing systems and any other permanent
equipment.
H. Sectionll2.l,oftheIRC4KandSectionll3.1oftheIB(JRG,isamendedtoreadasfollows:
1. General. All references to a Board of Appeals in this code are replaced with references to the city"s
Hearing Examiner. The Hearing Examiner shall hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and interpretation of this code.
Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as
established in other ordinances of the city. The Hearing Examiner shall render all decisions and findings
in writing to the appellant with a duplicate copy to the building official.
2. Limitations ofAuthority. The Hearing Examiner shall have no authority relative to interpretation of
the administrative provisions of this code nor shall the Hearing Examiner be empowered to waive
requirements of this code.
I. Section 112.3, of the IRC JW:. and Section 113.3 of the is not adopted.
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Moses Lake Council Packet 5-23-23, Page 62 of 130
J. Section 116 of the IBC is not adopted.
K. & There is created a new section 116 to the IBC and the IRC to read as follows: No person shall
move any existing building or structure within or into the City without first obtaining from the Community
Development Department a relocation permit and a building permit. No person shall effect any demolition of
any building or structure or any part thereof which is not exempted by Section 105.2 of the International
Building Code without first obtaining from the Community Development Department a demolition permit.
L. k There is created a new section 117 to the IBC and the IRC to read as follows: Manufactured Home
Placement Permit: No person, firm, or corporation as the owner, buyer, or vendor of a manufactured home
or as manufactured home park management shall cause or permit any manufactured home, commercial
coach, factory-built housing, or commercial structure to be located, placed or set within the corporate limits
of the city without first having secured a proper manufactured unit placement permit.
M.k WAC 51-56-0100 adopting section !QZQ. - of the State Plumbing Code is replaced with the
following new subsection:
Section 107.0. 102./1 /lppcals. ,A,II rcferences in this Code to the Board of Appeals shall be deemed
to refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the
function of the Board of Appeals. Any request for an appeal shall be accompanied by the required
fees for the Hearing Examiner as established in other ordinances of the city. The Hearing Examiner
may adopt rules of procedure for conducting his business. Such rules of procedure shall be available
to the public upon request. All decisions shall be in writing and shall be delivered to the appellant
as well as to the city.
N.M= Section 109 of the International Mechanical Code is replaced with the following new subsection:
109.1 All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing
Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function of the Board
of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing
Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be
processed in accordance with the provisions contained in Section 109 of this Code. The Hearing
Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall
be available to the public upon request. All decisions shall be in writing and shall be delivered to the
appellant as well as to the city.
16.02.060 Other Code Amendments:
A. Section205.1oftheStateCodefortheAbatementofDangerousBuildingsisreplacedwiththefollowing
new subsection:
205.1. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing
Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function of the Board
of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing
Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be
processed in accordance with the provisions contained in Section 501 of this Code. The Hearing
Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall
Page 5 of 15
Moses Lake Council Packet 5-23-23, Page 63 of 130
be available to the public upon request. All decisions shall be in writing and shall be delivered to the
appellant as well as to the city.
B. Section 701.2 of the Uniform Code for the Abatement of Dangerous Buildings is amended to provide:
Failure to Obey Order. If, after any order of the building official or board of appeals made pursuant
to this code has become final, the person to whom such order is directed, shall fail, neglect or
refuse to obey such order, the building official may (i) cause such person to be prosecuted under
Section 701.1 or (ii) institute any appropriate action to abate such building as a public nuisance. For
purposes of enforcement under (B)(ii) of this section, the abatement provisions of either RCW
Chapter7.48 or RCW Chapter may be employed by the city. Any costs incurred by the city in
such abatement shall become a lien against the property where the building is located as provided
in RCW 35A.60.010.
C. Section 1104 of the Uniform Code for the Abatement of Dangerous Buildings is amended to provide:
Section 1104 - Notice to Vacate
1104.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section 1101.3, be posted at
or upon each exit of the building, and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is unlawful to occupy this building, or to remove or deface this notice. Any person occupying this building shall be
guilty of trespass. Defacing or removing this notice is malicious mischief.
This notice is issued by the order of the City of Moses Lake Building Official
Date
City Of Moses Lake Official Posting
Violation of this posting is a crime
Call Local law enforcement or contact 766-9235
1104.2 Compliance. Whenever such notice is posted, the building official shall include a notification
thereof in the notice and order issued under Section 1101.2, reciting the emergency and specifying
the conditions which necessitate the posting. No perSOn shall remain in Or enter any building which
has been so posted, except that entry may be made to repair, demolish or remove such building
under permit. No person shall remove or deface any such notice after it is posted until the required
repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant
to the provisions of the Building Code. Any person violating this subsection by remaining in or
entering a building shall be guilty of trespass under state law. Any person violating this subsection
by removing or defacing such a notice shall be guilty of malicious mischief under state law.
D. Section 203.1 of the State Housing Code is replaced with the following new subsection:
203.1. All references in this Code to the Housing Advisory and Appeals Board shall be deemed to
refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the
function of the Board of Appeals. Any request for an appeal shall be accompanied by the required
Page 6 of 15
Moses Lake Council Packet 5-23-23, Page 64 of 130
fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing
Examiner shall be processed in accordance with the provisions contained in Section 1201 of this
Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules
of procedure shall be available to the public upon request. All decisions shall be in writing and shall
be delivered to the appellant as well as to the city.
(Ord. 2531, 10/13/09; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.065 Enforcement:
Enforcement of violations of this chapter shall be done by the Building Official or Code Enforcement Officer,
as appropriate, pursuant to Chapter 1.20. (Ord. 2330, 6/12/07)
16.02.070 Building Permit Application:
A. A valid and fully complete building permit application for a structure, that is permitted under the zoning
or other land use control ordinances in effect on the date of the application shall be considered under the
building permit ordinance in effect at the time of application, and the zoning or other land use control
ordinances in effect on the date of application.
B. To be considered a valid and fully complete building permit application the application shall include, at a
minimum:
1. The legal description, or the tax parcel number assigned pursuant to RCW , as now enacted
or hereafter amended, and the street address, and may include any other identification of the
construction site by the prime contractor;
2. The property owner's name, address, and phone number;
3. Identify and describe the work to be covered by the permit for which application is made;
4. The prime contractor's business name, address, phone number, current state contractors
registration number; and
5. Either:
a. The name, address, and phone number of the office of the lender administering the interim
construction financing, if any; or
b. The name and address of the firm that has issued a payment bond, if any, on behalf of the
prime contractors for the protection of the owner, if the bond is for an amount not less than fifty
percent of the total amount of the construction project.
6. Indicate the use or occupancy for which the proposed work is intended;
7. State the valuation of the work for which application is made;
8. Be signed by the owner, or the owner's authorized agent;
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Moses Lake Council Packet 5-23-23, Page 65 of 130
9. Be accompanied by plans, diagrams, computations and specifications and other data to indicate the
location, nature and extent of the work proposed and show in detail that it will conform to the
provisions of all relevant laws, ordinances, rules and regulations;
10. Required plan review fee;
11. Pursuant to RCW 19.27.097, as now enacted or hereafter amended, each applicant for a building
permit of a building necessitating potable water shall provide evidence of an adequate water supply for
the intended use of the building. Evidence may be in the form of a water right permit from the
department of ecology, a letter from an approved water purveyor stating the ability to provide water, or
another form sufficient to verify the existence of an adequate water supply. In addition to other
authorities, the city may impose conditions on building permits requiring connection to the public water
system.
C. The information required on the building permit application by subsection B 1 through 5 of this section
shall be set forth on the building permit document which is issued to the owner, and on the inspection record
card which shall be posted at the construction site.
D. The information required by subsection B of this section and information supplied by the applicant after
the permit is issued under subsection E of this section shall be kept on record and made available to any
person on request. If a copy is requested, a copy fee may be charged in accordance with City of Moses Lake
policy.
E. If any of the information required by subsection B 5 of this section is not available at the time the
application is submitted, the applicant shall so state and the application shall be processed forthwith and the
permit issued as if the information had been supplied and the lack of the information shall not cause the
application to be deemed incomplete for the purposes of vesting under subsection A of this section.
However, the applicant shall provide the remaining information as soon as the applicant can reasonably
obtain such information.
F. The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW.
(Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.080 Pole Buildings:
A. A pole building is defined as a wood frame structure which is built using post and beam construction
without concrete footings or foundation.
B. No pole building as defined in section 16.02.080 A shall be constructed or erected in any area or zone of
the City of Moses Lake. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.085 Fees:
All fees for permits issued pursuant to this Chapter shall be established by a resolution of the City Council.
A. Exception: The fees shall not apply to single family dwellings or duplex dwellings when all the following
conditions are present:
1. The residential structure is constructed for low income families as defined by the Community
Development Director.
Page 8 of 15
Moses Lake Council Packet 5-23-23, Page 66 of 130
2. The structure is being constructed by an organization classified as a 501(c)(3) non-profit organization
by the United States Internal Revenue Service.
B. When submittal documents are required, a plan review fee shall be paid at the time of submitting the
submittal documents for plan review. Said plan review fee shall be 65 percent of the permit fees as
established.
C. Refunds. The building official may authorize refunding of any fee paid hereunder which was erroneously
paid or collected.
1. The building official may authorize refunding of not more than 80 percent of the permit fee paid
when no work has been done under a permit issued in accordance with this code.
2. The building official may authorize refunding of not more than 80 percent of the plan review fee paid
when an application for a permit for which a plan review fee has been paid is withdrawn or canceled
before any plan reviewing is done.
3. The building official shall not authorize refunding of any fee paid except on written application filed
by the original permittee not later than 180 days after the date of fee payment. (Ord. 2172, 7/27/04; Ord.
2073, 7/23/02)
16.02.087 Investigation Fees - Work Without A Permit:
A. Investigation. Whenever any work for which a permit is required by this code has been commenced
without first obtaining said permit, a special investigation shall be made before a permit may be issued for
such work.
B. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then
or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this
code. The minimum investigation fee shall be the same as the minimum fee set forth in the resolution
adopting fees for permit issued pursuant to this Chapter. This fee is an additional, punitive fee and shall not
apply to any permit fee that may subsequently be issued. Payment of the investigative fee does not vest the
illegal work with any legitimacy, nor does it establish any right to a permit for continued development of that
project. If the work done remains illegal for 90 days after service of the Stop Work Order, it shall be
considered hazardous.
C. Payment. The payment of such investigation fee shall not exempt any person from compliance with all
other provisions of this code nor from any penalty prescribed by law. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.090 Notice to Cease Violation:
Any person, firm, or corporation found to be violating any provision of this chapter shall be served by the
Administrative Authority with written notice stating the nature of the violation and providing a reasonable
time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such
notice, correct the violation. No further violation shall be permitted at the location. (Ord. 2172, 7/27/04; Ord.
2073, 7/23/02)
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Moses Lake Council Packet 5-23-23, Page 67 of 130
16.02.100 Revocation of Business License:
Failure or refusal to comply with any provision of this Chapter or an order or directive of the Building Official
issued pursuant hereto shall constitute grounds for revocation of the violators city business license following
a hearing as provided in this Code. (Ord. 233o, 6/12/07; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.110 Platting Deemed Insufficient - When:
A. Property located within the city which is presently platted and which property was platted without the
extension or provision of city water, city sewer, storm sewer, curb, sidewalk, streets or other improvements
through some or all of the lots of the plat shall be deemed to be unplatted for purposes of the issuance of
any development permit or building permit. Any lot so affected shall be permitted to develop and a building
permit will be issued upon the installation of city water, city sewer, storm drains, curbs, sidewalks, streets,
and other improvements to community standards, including fire protection devices, or upon the posting of
security in an amount approved by the city, which is equal to the estimated cost of the extensions and/or
improvements remaining to be installed through the lot, in a form acceptable to the City Attorney to insure
the construction of the required improvements and extensions at the same time as construction of the
building for which the building permit was issued or at the time of the improvement of the affected lot.
B. Any property owner can make application to the City Council for a waiver, deferral, or deviation from or
of the requirement to install improvements. A waiver, deferral, or deviation from or of the requirement to
install improvements shall not be granted unless the City Council finds that because of the nature of the
property, its topography, the conditions or nature of the adjoining areas or the existence of unusual physical
conditions, the requirement to install improvements would cause an unusual and unnecessary hardship on
the property owner. In granting a waiver, deferral or deviation from or of the requirements to install
improvements, the City Council may require such conditions as will secure the objectives of the requirement
waived, deferred, or deviated from or of. Any waiver, deferral, or deviation authorized shall be entered in the
minutes of the Moses Lake City Council together with the circumstances that justify the waiver, deferral, or
deviation granted. (Ord. 2564, 6/22/10; Ord. 2391, 5/13/08)
17.12.150 Final Major Subdivision Recommendation and Approval:
The Hearing Examiner shall review the final major subdivision application within the time limits
established by state law for compliance with preliminary subdivision approval, state law, and all other
requirements that were in effect at the time of preliminary subdivision approval, and shall approve or
disapprove the final major subdivision. The City Manager shall sign the subdivision plat map (Ord. 2949,
4/14/20; Ord. 2576, 7/27/10)
17.12.170 Recording Final Major Plat:
A. The following approval signatures are required on approved final plat mylars after all the fees and
payments are accepted, and prior to recording:
1. City Engineer.
2. City Manager for City Council.
3. Hcarinq Examincr.
17.15.030
XX. Approval statements for major subdivisions shall be included on the last sheet of the plat and read
as follows:
Page 10 of 15
Moses Lake Council Packet 5-23-23, Page 68 of 130
City Engineer
EX/\MlriJED /\ND /\r)r)P.OVED by the Htaring Examiner on
Hcaring Examiner
EXAMINED AND APPROVED by the City Manager on
City Manager
22. The Grant County Treasurer's Certificate shall be on the last sheet of the plat and read as follows:
Treasurer's Certificate: I hereby certify that all taxes and assessments now due and payable according to
the records of Grant County, advanced taxes, havc been fully paid.
Grant County Treasurer
Date
Binding Site Plan
17.18.070 Final Recording
A. The applicant shall submit two (2) full-size copies of the record of survey on mylar to the Community
Development Department. Additionally, the applicant shall submit one (1) electronic copy to the
Community Development Director, and one (1) electronic copy to the Grant County Assessor's office.
B. The Community Development Department shall take the two (2) mylar record of surveys to the Grant
County Auditor after the mylars are signed by the City Manager. One (1) mylar record of survey shall be
conformed by the Grant County Auditor and returned to the City Engineer.
C. Binding site plans are not valid and do not confer any rights or privileges upon the property or its
owners unless the record of survey for a binding site plan bears the approval by the City Manager. (Ord.
2576, 7/27/10; Ord. 2384, 3/25/08; Ord. 2293, 3/27/07)
D. Within one (1) year after the bindinz site plan is approved, the applicant shall provide all necessary
documents, with notarized siznatures of the owners, and all payments and fees that are required with
the binding site plan, to the Plat Administrator. If said documents and fees are not provided to the Plat
Administrator within one (1) year of the binding site plan approval, the binding site plan shall be expired.
18.30. Commercial Zones
18.30.030 Land Uses In Commercial Zones Table-
Amend the allowed uses in Commercial Zones Table to permit Municipal Facilities, including
emergency services buildings in the C-2 Commercial Zone.
18.40 Industrial Zones
18.40.030 Allowed Uses, Table 1: Land Uses In Industrial Zones
Amend the allowed uses in Industrial Zones Table to permit Mini-Storage buildings in the Hl-
Heavy Industrial Zone.
20.07.010 Required Public Notice:
Page 11 of 15
Moses Lake Council Packet 5-23-23, Page 69 of 130
A. City Notice of Development Application - Issuance and Contents: The City Zoning Administrator
shall provide a Notice of Development Application to the public and the departments and
agencies with jurisdiction as provided in this section. If the Responsible Official has made a
determination of significance under Chapter 43.21C RCW concurrently with the Notice of
Development Application, the Notice of Development Application shall be combined with the
determination of significance and scoping notice. Nothing in this section prevents a
determination of significance and scoping notice from being issued prior to the Notice of
Development Application. The Notice shall include but not be limited to the following:
1. The name of the applicant.
2. Date of application.
3. Thedateofthenoticeofcompleteness.
4. The date of the notice of development application.
5. The location of the project, including legal description and common address or location.
6. A project description.
7. A list of the project permits included in the application and, if applicable, a list of any studies
requested under RCW 36.70B.070 or 36.70B.090.
8. A list of any other requested approvals, actions, and/or required studies and the
identification of other permits not included in the application, to the extent known by the
City.
9. A public comment period not less than fourteen (14) days nor more than thirty (30) days
following the date of notice of application, and statements of the right of any person to
comment on the application, receive notice of and participate in any hearings, request a
copy of the decision once made, and any appeal rights.
10. Identification of existing environmental documents and the location where such documents
can be reviewed.
11. A City staff contact person and phone number.
12. The date, timc, place and type of a public hearing if applicable and onc has bccn zchcdulcd.
-)-3-.12. A statement of the preliminary determination, if one has been made at the time of
notice, of those development regulations that will be used for project mitigation and of
consistency as provided in Chapter 20.08.
1/1.13. A statement that the decision on the application will bc made within one hundred and
twcnty (120) days of the data of the notice of complctcnczs.
-&14. Any other information determined appropriate by the City, such as the City's threshold
determination, if complete at the time of issuance of the notice of application.
B. Time Frame for Issuance of Notice of Application.
1. The City shall issue a Notice of Development Application within fourteen (14) days of issuing
a notice of completeness under Chapter 20.05.
2. If any open record pre-decision hearing is required for the requested development
permit(s), the Notice of Development Application shall be provided at least fifteen (15) days
prior to the open record hearing.
C. Mailing Notice. The Notice of Development Application shall be mailed to all property owners
as shown on the records of the County Assessor and to all street addresses of properties within
five hundred (500) feet, not includinH street rights-of-way, of the boundaries of the property
which is the subject of the meetinz or pendin@ action. The area of notification may be
expanded as determined by the Community Development Director.
D. Published Notice. The Notice of Development Application shall be published once in the City's
official newspaper of general circulation in the general area where the proposal is located.
Page 12 of 15
Moses Lake Council Packet 5-23-23, Page 70 of 130
E. Posting: Posting of property for site specific developments shall consist of one or more notice
boards as follows:
1. A single notice board shall be placed by the applicant;
a. At the midpoint of the site street frontage or as otherwise directed by the City for
maximum visibility;
b. Five feet (5') inside the property line, except when the board is structurally attached to
an existing building, provided that no notice board shall be placed more than five feet
(5') from the street property without approval of the City;
c. So that the top of the notice board is between seven (7) to nine (9) feet above grade;
and
d. Where it is completely visible to pedestrians.
2. Additional notice boards may be required when:
a. The site does not abut a public road;
b. A large site abuts more than one public road;
c. The City determines that additional notice boards are necessary to provide adequate
public notice.
3. Notice boards shall be:
a. Maintained in good condition by the applicant during the notice period;
b. In place at least thirty (30) days prior to the date of the hearing, or at least fifteen (15)
days prior to the end of any required comment period;
c. Removed within fifteen (15) days after the end of the notice period.
4. Removal of the notice board prior to the end of the notice period may be cause for
discontinuance of the City review until the notice board is replaced and remains in place for
the specified time period.
5. An affidavit of posting shall be submitted to the City by the applicant prior to the hearing or
final comment date. If the affidavits are not filed as required, any scheduled hearing or date
by which the public may comment on the application, will be postponed in order to allow
compliance with this notice requirement. Any time required to ensure compliance with this
requirement shall be excepted from the one hundred twenty (120) days pursuant to section
20.09.090.
6. Notice boards shall be constructed and installed in accordance with specifications
promulgated by the City.
E. Categorically Exempt Projects. A Notice of Application shall not be required for development
applications that are categorically exempt under chapter 43.21C RCW, unless a public comment
period or an open record pre-decision hearing is required. (Ord. 2105, 12/23/02)
20.07.020 Notice of Public Hearing:
Notice of a public hearing for all development applications and all closed record appeals shall be given
as follows:
A. Time of Notices. Except as otherwise required, public notification of meetings, hearings, and
pending actions under Titles 14 through 19 shall be made by:
1. Publication at least fourteen (1%) days before the date of a public meeting, hearing,
or pending action in the City's official newspaper of general circulation; and
2. Mailing at least fourteen (14S) days before the date of a public hearing, or pending
action to all property owners as shown on the records of the County Assessor and to all
street addresses of properties within five hundred (500) feet, not including street rights-of-
Page 13 of 15
Moses Lake Council Packet 5-23-23, Page 71 of 130
way, of the boundaries of the property which is the subject of the meeting or pending
action. Addrcsscd, prc stamped cnvclopcz shall bc providcd by the applicant.
B. Content of Notice. The public notice shall include a general description of the proposed project,
type of permit(s) required, i ; a non-legal description of the property or a
vicinity map or sketch, the time, date and place of the public hearing and the place where the
complete application may be reviewed and where further information may be obtained.
C. Continuations. If, for any reason, a meeting or hearing on a pending action cannot be completed
on the date set in the public notice, the meeting or hearing may be continued to a date certain
and no further notice under this section is required.
D. General Procedure for Mailed Notice of Public Hearing. The City ae+shall issue a sworn
certificate of mailing to all persons entitled to notice under this Chapter. The City may choose to
provide notice to other persons than those required to receive notice under the code. All public
notices shall be deemed to have been provided or received on the date the notice is deposited
in the mail or is personally received, whichever occurs first.
E. Cost of Public Hearing Notice. All costs associated with public notice shall be borne by the
applicant.
F. Joint Hearings.
1. The City Zoning Administrator may combine any hearing on a project permit with any
hearing that may be held by another local, state, regional, federal, or other agency, provided
that the hearing is held within the geographic boundary of the City. Hearings shall be
combined if requested by the applicant, as long as the joint hearing can be held within the
time periods specified in 20.09.090 or the applicant agrees to the schedule in the event that
additional time is needed in order to combine the hearings.
2. The City Zoning Administrator shall cooperate to the fullest extent possible with other
agencies in holding a joint hearing if requested to do so, as long as:
a. The agency is not expressly prohibited by statute from doing so;
b. Sufficient notice of the hearing is given to meet each of the agencies' adopted notice
requirements as set forth in statute, ordinance, or rule; and
c. The agency has received the necessary information about the proposed project from the
applicant to hold its hearing at the same time as the City's hearing.
A. The purpose of neighborhood meetings is to:
1. r'rovidc a forum for intcrcrtcd individuals to mcct with the applicant to Icarn about the
proposal carly in tm rcvRw procc
2. r)rovidc an opportunity for meaningful public input.
3. r)rovidc a dialoquc bctwccn the applicant, citi;cns, and City officialr, whereby issues can bt
"I. r'rovidc an opportunity for applicants to address concerns gcncratcd byindividuals and
incorporate possible changcz.
B. A neighborhood meeting will be required for the following when adjaccnt to or in residential
1. Infill dcvclopmcnt, whcrc the dcvclopmcnt is substantial or a different use than a majority
of the surrounding built cnvironmcnt;
2. r)lanncd rcr,idcnti.:il dcvclopmcnts, r)UDr,, r)URDs;
3. Mixcd use dcvclopmcntr,; and
Page 14 of 15
Moses Lake Council Packet 5-23-23, Page 72 of 130
4. Commercial developments.
C. When a neighborhood mccting is required, it shall be conductcd within the City limits by the
applicant prior to submittal of a countcr complete application. The applicant shall notify the City
of the date and time of thc mccting. P.cprcscntativcs from City staff may be in attcndancc. Thc
applicant shall mail notice of the neighborhood mccting to thc samc individualr, to whom notice
is required for the notice of application in Scction 20.07.020 at least fourteen (ltl) caRndar days
in advance of the meeting. Tht applicant shall provide the City with an affidavit of mailing. A
sign in zhcct shall be providcd at the mccting and a summary of thc attcndccz and comments
rcccivtd by the applicant shall bc includcd in the application submittal. The neighborhood
meeting is designed to providc a frcc and open discussion of the project between developers
and thc public. All dircursionr,, proposalr, and statements shall not be considered legally binding.
/\pplicants may choose to hold additional ncighborhood mcctings in ordcr to provide an opportunity to
address conccrnz Hcncratcd, provide additional information, propose chan(;as to plans, or providc
further resolution of izzucz. If tm applicant holds additional mcctings, thcrc is no specific requirement
of notice or City attcndancc. However, thc City shall make an effort to attend meetings where
appropriate and when the applicant has notificd the City that additional meetings arc taking placc.
Reserved
Page 15 of 15
Moses Lake Council Packet 5-23-23, Page 73 of 130
Allow sender | Block sender
From:COM GMU Review Team
To:Vivian Ramsey
Subject:City of Moses Lake - Expedited Review Request Granted for Submittal ID: 2022-S-4429
Date:Thursday, October 27, 2022 7:20:31 AM
Caution! This message was sent from outside your organization.
Dear Ms. Ramsey,
Your request for an Expedited Review has been granted for: Proposed code
amendments.
As of receipt of this email, you have met the Growth Management notice to state
agency requirements in RCW 36.70A.106 for this submittal. Please keep this email
as confirmation.
If you have any questions, please contact Steve Davenport at (360) 725-4023 or by
email at steve.davenport@commerce.wa.gov.
~~~ ONLINE TRACKING SYSTEM AVAILABLE ~~~~
Log into our new PlanView system at https://secureaccess.wa.gov/com/planview
where you can keep up with this submittal status, reprint communications and
update your contact information.
Don't have a user account? Reply to this email to request one and attach a
completed PlanView User Request Form.
Have questions about using PlanView? Use the PlanView User Manual for assistance
at https://www.commerce.wa.gov/serving-communities/growth-
management/washington-department-of-commerce-growth-management-
submitting-materials/.
Sincerely,
Review Team
Growth Management Services
Moses Lake Council Packet 5-23-23, Page 74 of 130
City of Moses Lake
Tel 509-764-3792
321 S Balsam Street
Moses Lake WA.
98837
Cityofml.com
bmitchell@cityofml.com
10.13.2022 Memo
Comments:
Grading permits should be based on a square dimension not a volume dimension. 500 Cubic
Yards (Cu Yds) is about 50 dump trucks worth of haul. Most sites in this area do not disturb,
borrow, or haul 500 Cu Yds.
I would like to suggest Grading Permits be lowered to 1/2 acre of site disturbance. This would
be more stringent than department of Ecology’s 1 acre Construction Stormwater Permit. This
permit has requirements that protect waters of the state from construction stormwater
discharges including rainfall events on the surface where the vegetation has been stripped.
Moses Lake is relatively flat however, there are some locations where fill could be needed
under 499 Cu Yds and may be less than 1 acre in site disturbance that are within proximity to
the lake and could pose an extreme hazard to discharging to surface waters of the
state.(Moses Lake) An example of this could be a lakefront lot. If the code was changed to ½
acre of site disturbance than the City has more authority to ensure lake quality is achieved.
August 9th Moses Lake City Council confirmed goals in their budget kickoff, one of the goals
was to improve Lake Health.
Modification of the Grading permit would ensure that the City would have more oversight on to
projects that are taking place where chances of Construction Stormwater discharges are
greater.
Appendix J104.3 of the 2019 IBC also has an exception where the Geotechnical Design is not
required if deemed unnecessary by the building official. I would like to propose language that
would require a Geotechnical Report on sites disturbing 2 or more acres or sites that are less
than 2 acres but are part of a common development or sale.
I am open to discuss.
Moses Lake Council Packet 5-23-23, Page 75 of 130
CITY OF MOSES LAKE PLANNING COMMISSION MEETING MINUTES
OF December 15, 2022
Commissioners Present: Nathan Nofziger (Chair), Charles Hepburn (Vice Chair), Susan
Tao, Gary Mann, Eric Skaug
Commissioners Absent:
Staff Present: Community Development Director Kirsten Sackett, Planning Manager
Vivian Ramsey, Senior Planner Nathan Pate, Associate Planner Amy Harris, and
Planning Technician Michelene Torrey
The meeting was called to order at 6:00 p.m. Attendance was called by Secretary
Michelene Torrey.
Item # 1- Approval of Minutes from November 17th Meeting
Commissioner Hepburn moved to approve the minutes; this motion was seconded by
Commissioner Tao. Passed Unanimously.
Item #2-Public Hearing- Miscellaneous Code Amendments:
Senior Planner Nathan Pate presented the proposed code amendments to the
commission. The commission reviewed and discussed each code amendment thoroughly before Chair Nofziger opened the public hearing. Two citizens made
comment regarding the code updates and the code chapter making changes to the
storage facilities within Heavy Industrial.
Chair Nofziger closed the public hearing portion of the meeting and Commissioner
Hepburn made a motion to recommend approval of the code amendments to City
Council, Commissioner Mann seconded the motion and the motion passed
unanimously.
Staff and Commission Questions and Comments:
Staff updated the commission on the Code Update and where they are in the process
with SCJ Alliance.
Moses Lake Council Packet 5-23-23, Page 76 of 130
CDD Sackett also let the Commission know that for the new code and SMP updates to
be completed on schedule we would request that more Planning Commission meetings
be scheduled for the coming months. Next Meeting is scheduled for January 12, and February 2, 2023.
Meeting adjourned at 7:38PM by Chair Nofziger.
Moses Lake Council Packet 5-23-23, Page 77 of 130
NOTICE OF PUBLIC HEARING - CITY OF MOSES LAKE CITY COUNCIL ** REVISED NOTICE ** 6:30 P.M. ON TUESDAY, MAY 23, 2023 MOSES LAKE COUNCIL CHAMBERS - MOSES LAKE CIVIC CENTER 401 S BALSAM ST, MOSES LAKE, WA 98837 The City Council of the City of Moses Lake invites all interested parties to attend a
Public Hearing on May 23, 2023, at 6:30 p.m. to offer testimony on amending the
following development regulations within the Moses Lake Municipal Code (MLMC): MLMC 16.02.020 Building Codes Adopted. Changing the threshold to obtain a grading permit from 5,000 cu yds to 500 cu yds.
MLMC 16.02.045 Building Prior to Filing Final Plat. Establishing the conditions
to obtain a building permit for a single-family structure on a preliminary plat. MLMC 16.02.050 State Building Code Amendments. Referencing the biannual state adopted building code amendments. MLMC 17.12.170 Recording Final Major Plat. Designating the City Manager to
sign final major plats upon approval of the Hearing Examiner.
MLMC 17.18.070 Binding Site Plan - Final Recording. To provide a one-year time frame for taking action on the approved permit. MLMC 20.07.010 Required Public Notice. Resolve code conflicts and increase public participation via neighborhood mailings.
MLMC 20.07.020 Notice of Public Hearing. Minor edits to clarify existing
provisions. MLMC 20.09.015 Neighborhood Meetings. Requirements to be repealed. MLMC 18.30.030 D. Land Uses In Commercial Zones Table. Amend the uses in Commercial Zones Table to permit Municipal Facilities, including emergency
services buildings in the C-2 Commercial Zone with a Conditional Use Permit.
MLMC 18.40.030 E. Table 1: Land Uses in Industrial zones. Amend the uses in the Industrial Uses Table to allow mini-storage facilities to be located in the Heavy Industrial zone as an outright use.
Persons interested in receiving copies of the draft proposals, legal descriptions and/or the final decision (upon issuance) may review them during normal business hours at 321 S Balsam Street. For more information contact Nathan Pate, AICP, via email planning@cityofml.com or call 509-764-3752.
Interested persons may provide testimony either in writing or by participating in the Public Hearing. The form to register to speak at the meeting will also be on the posted agenda, or you can contact the City Clerk’s Office to receive the form in advance. The speaker request form must be completed no later than 3 p.m. on the
day of the meeting to speak remotely. Written comments can also be delivered to
the City Council prior to the Public Hearing, via mail to the City of Moses Lake, Attn: City Clerk’s Office, PO Box 1579, Moses Lake, WA, 98837, or via email before 3 p.m. on the day of the meeting at cityclerk@cityofml.com.
Moses Lake Council Packet 5-23-23, Page 78 of 130
MOSES LAKE CITY COUNCIL April 25, 2023
PRESENTATION
Washington State Department of Transportation (WSDOT) Construction Update WSDOT Project Engineer Madison Scully gave an overview of the construction that will be taking place from Spring/Summer of 2023 through 2027 on the Interstate 90 corridor from Vantage to North Bend.
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Myers in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda.
ROLL CALL
Present: Mayor Myers; Deputy Mayor Martinez; Council Members Eck, Fancher, Madewell, Swartz, and Skaug. PLEDGE OF ALLEGIANCE
Council Member Fancher led the Flag Salute. AGENDA APPROVAL
Council Member Skaug requested Consent Item (d) Umpqua Banking Services be moved to New
Business.
Action taken: Council Member Eck moved to approve the Agenda as modified, second by Deputy Mayor Martinez. The motion carried 7 – 0.
CITIZEN’S COMMUNICATION
Homelessness
Thirteen citizens provided comments to Council on the proposed location for indigent resident RV parking and other issues from homelessness all around the City. SUMMARY REPORTS
MAYOR’S REPORT Professional Municipal Clerk’s Week Proclamation April 30 to May 6 is IIMC’s Professional Municipal Clerk’s Week. City Clerk Debbie Burke and Deputy Clerk Jen Schober were recognized for their efforts in providing professional
services to the City.
ADDITIONAL BUSINESS
Blake Decision Deputy Mayor Martinez requested staff draft an Ordinance to enforce the drug laws that are set to expire July 1. Police Chief Kevin Fuhr advised that he is working with staff at the
County to make drug possession a gross misdemeanor. City Attorney Katherine Kenison advised that the City does not enforce criminal citations and so the County is drafting the Ordinance and the City will have an interlocal agreement to enforce.
Moses Lake Council Packet 5-23-23, Page 79 of 130
CITY COUNCIL MINUTES – April 25, 2023
pg. 2
CITY MANAGER’S REPORT
RV Parking Update City Manager Allison Williams presented a Safe Parking Property Analysis which provided
Council with a temporary location option for the homeless RV Parking.
Action taken: Deputy Mayor Martinez moved to bring sites forward at the May 9 meeting after having a public meeting with the Ad Hoc Homeless Committee, second by Council Member Eck. The motion carried 7 – 0.
Communications Plan Assistant City Manager Rich Huebner shared that a press release on the results from the PFOS and PFOAs testing is ready to be disseminated. Council requested to review the report and other documents prior to publication.
Technology Services Director Announcement
James Richmond was announced as the new Technology Services Director. His start date is May 8.
CONSENT AGENDA
#2 a. City Council meeting minutes dated March 28, April 11, and April 18, 2023 b. Electronic Transfer: 224 - 237 - $1,310,838.29
Checks: 160310 - 160500 - $2,373,164.00 Payroll Checks: #65037 - 65070 - $152,184.89 (Fire/EMT retro pay) Payroll Checks: #65071 - 65084 - $7,172.03 Electronic Payments: Direct Deposit - $570,792.47 c. NCW Opioid Abatement Council Interlocal Agreement
d. moved to New Business Action taken: Council Member Eck moved to approve the Consent Agenda as amended, second by Deputy Mayor Martinez. The motion carried 7 – 0.
OLD BUSINESS
#3 Stormwater Code Update Ordinance 3023 Stormwater Manager Brad Mitchell presented several updates for Moses Lake Municipal Code Chapter 13 that are required by the City’s National Pollutant Discharge Elimination Phase II Eastern Washington Permit. Harold Crose with the Columbia Basin
Conservation District spoke in favor of these updates.
Action taken: Council Member Swartz moved to adopt Ordinance 3023 as presented, second by Council Member Fancher. The motion carried 7 – 0.
NEW BUSINESS #4 Umpqua Banking Services Extension Umpqua bank is the City’s current financial institution with a contract that expires May 8, 2023. Staff is proposing a two-year contract extension, with no additional fees. A
Moses Lake Council Packet 5-23-23, Page 80 of 130
CITY COUNCIL MINUTES – April 25, 2023
pg. 3
Request for Proposals for banking services will be solicited before this extension expires. Action taken: Council Member Skaug moved to approve the banking services extension as
presented, second by Council Member Eck. The motion carried 7 – 0.
ADMINISTRATIVE REPORTS
Memorial Day Weekend Events Parks, Recreation and Cultural Services Director Doug Coutts provided information on
several events around town during the Memorial Day weekend. A few mentioned were
Spring Fest, a fun run, Farmer’s Market, a car show, 3 on 3 basketball tournament, a parade and a BMX event. Council Workshop Date
There will be a Council workshop on May 18, 2023, from 3:00 p.m. to 7:00 p.m. Work Plan Update City Manager Allison Williams will have her work plan to Council by the end of the week.
Presentation and Outreach Update City Manager Allison Williams shared that water conservation outreach is continuing with several staff. They have presented at the Kiwanis Club meeting, Coffee and Conversations held by the Downtown Moses Lake Association, and are scheduled to
present at the Rotary Club on May 16. Transportation Commission Letter A letter was sent to Council thanking City Manager Allison Williams for her presentation to the Washington State Transportation Commission.
Development Updates Community Development Director Kirsten Sackett gave an overview of the following project updates: Sand Hill Place Preliminary Major Subdivision, Twelve Aviation Fuel CUP, CAD Homes Knolls Vista Final Major Subdivision, Connell Oil SEPA Review,
and the Refuge at Mae Valley First Addition Final Major Subdivision. COUNCIL COMMUNICATIONS AND REPORTS
Council Member Swartz went to the Community Development, Municipal Services and Parks
Committee meeting where they talked about water and potential treatment measures.
Council Member Eck attended the Port of Moses Lake’s meeting. The Port still has 155 Boeing 737 maxes being stored there and Boeing is employing about 850 people. The air show is expected to be sold out this year. They will also host guests from Japan from April 30 through May 2.
Deputy Mayor Martinez shared that the Health District is looking for volunteers to take water
samples from the lake. Stormwater Manager Brad Mitchell also sits on the Watershed Council
Moses Lake Council Packet 5-23-23, Page 81 of 130
CITY COUNCIL MINUTES – April 25, 2023
pg. 4
and she was impressed with his knowledge and his help ensuring that we have a healthy lake. She encouraged people to attend the Desert Lawns and Landscapes presentation that will be held on May 6 at the Larson Recreation Center.
ADJOURNMENT
The regular meeting was adjourned at 9:08 p.m.
______________________________________ Don Myers, Mayor ATTEST____________________________
Debbie Burke, City Clerk
Moses Lake Council Packet 5-23-23, Page 82 of 130
MOSES LAKE CITY COUNCIL – SPECIAL MEETING May 4, 2023
CALL TO ORDER
A special meeting of the Moses Lake City Council was called to order at 5:30 p.m. by Mayor Myers in Conference Room 225 of the Civic Center.
ROLL CALL
Present: Mayor Myers; Deputy Mayor Martinez; Council Members Eck, Skaug, Swartz, Fancher, and Madewell.
EXECUTIVE SESSION
Mayor Myers called an Executive Session to be held for 60 minutes pursuant to RCW 42.30.110(1)(f), (g), and (i) to discuss complaints or charges brought against a public officer or
employee, review performance of a public employee, and litigation. Mayor Myers extended the session for 60 minutes.
ADJOURNMENT
The special meeting was adjourned at 7:30 p.m. ______________________________________
Don Myers, Mayor ATTEST____________________________
Debbie Burke, City Clerk
Moses Lake Council Packet 5-23-23, Page 83 of 130
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Allison Williams, City Manager 10919
Madeline Prentice Finance
5/23/2023 Consent Agenda
Disbursement report since May 9, 2023
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
2,559,011.33$2,559,011.33$0.00$
Approve payment of claims as presented.
The following amounts were budgeted, and sufficient funds were available to cover these payments:
Electronic Transfer: 241 - 252 - $161,244.90
Checks: 160690 - 160888 - $1,824,380.10
Payroll Checks: #65103 - 65145 - $14,879.88
Electronic Payments: Direct Deposit - $558,506.45
Vouchers - 05.23.2023.pdf 123.46KB
Moses Lake Council Packet 5-23-23, Page 84 of 130
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW
42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a
monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above
format for approval by the City Council.
RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering
services or performing labor must be certified by the appropriate official to ensure that the materials have been
furnished, the services rendered, or the labor performed as described, and that the claims are just, due and
unpaid obligations against the City.
RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met.
The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted
to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body
had adopted policies that implement effective internal control; (3) the legislative body has provided for review of
the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they
shall be recognized as receivables and diligently pursued.
The City meets all these conditions.
To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council
approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments
during the period prior to the date of the Council meeting.
All payments made during this period were found to be valid claims against the City. Details are attached and
any questions should be directed to the City Manager or Finance Director.
The City's internal controls include certification of the validity of all payments by the appropriate department prior
to submission for payment. The Finance Director has delegated authority for the examination of vouchers and
authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and
validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in
place.
Options and Results
Approve
N/A
Staff would recognize claims as receivables and pursue collections
Moses Lake Council Packet 5-23-23, Page 85 of 130
TOTALS BY FUND:
FUND NO FUND NAME AMOUNT
001 GENERAL FUND 320,611.52
102 TOURISM 24,398.67
103 GRANTS AND DONATIONS 2,569.43
110 HOMELESS SERVICES 41,575.32
114 PATHS/TRAILS ‐
116 STREET 49,758.31
119 STREET REPR/RECON 265,735.51
286 REFUNDING GO BONDS 2015 ‐
314 PARK & RECREATION IMPROVEMENTS 6,755.56
315 PARK MITIGATION CAPITAL PROJECTS ‐
410 WATER/SEWER 70,714.71
450 2011 BOND FUND ‐
452 2004 BOND FUND ‐
471 WATER RIGHTS 19,230.76
477 WATER SEWER CONSTRUCTION 593,188.03
487 2015 GO BONDS REDEMPTION ‐
490 SANITATION 387,865.78
493 STORM WATER 2,941.33
495 AIRPORT 183.74
498 AMBULANCE 47,903.58
501 UNEMPLOYMENT COMPENSATION INSURANCE ‐
503 SELF‐INSURANCE ‐
517 CENTRAL SERVICES 37,274.67
519 EQUIPMENT RENTAL 78,393.99
528 BUILDING MAINTENANCE 32,387.84
611 FIRE PENSION ‐
623 DEPOSIT 3,440.00
631 STATE 696.25
TOTAL 1,985,625.00$
City of Moses Lake
Tabulation of Claims Paid‐Summary by Fund
Council Meeting Date‐ 05/23/2023
Moses Lake Council Packet 5-23-23, Page 86 of 130
Check Name Check Amount Check Date Invoice Description
241 Dept Of Licensing 375.00 03/27/2023 Driving Record
242 Dept Of Licensing 15.00 04/27/2023 Driving Record
243 Dept Of Licensing 15.00 04/27/2023 Driving Record
244 Dept Of Licensing 15.00 04/25/2023 Driving Record
245 Dept Of Licensing 60.00 04/25/2023 Driving Record
246 Dept Of Licensing 15.00 04/25/2023 Driving Record
247 Dept Of Licensing 75.00 04/06/2023 Driving Record
248 Dept Of Licensing 15.00 04/24/2023 Driving Record
249 Dept Of Licensing 15.00 03/30/2023 Driving Records
250 Dept Of Licensing 270.00 04/12/2023 Driving Records
251 Dept Of Licensing 735.00 04/05/2023 Driving Records
252 FICA‐Medicare 159,639.90 12/31/2022 Comp Time Manual Check
160690 Aliaksei Navumenka 462.00 05/02/2023 Museum Consignment Sales
160691 BENJAMIN & KELSEY CROWELL 30.09 05/02/2023 Refund Utility Overpayment
160692 DARLENE ASH 81.35 05/02/2023 Refund Utility Overpayment
160693 Roman Daniels‐Brown 123.20 05/02/2023 Refund Utility Overpayment
160694 Sean & Carrie Hoiness 350.00 05/02/2023 Refund Utility Overpayment
160695 SIERRA GLENN 29.65 05/02/2023 Refund Utility Overpayment
160696 NYS Child Support Prosessing Center 184.61 04/28/2023 2309 Gilmartin Child Support
160697 IAFF #1258/Disab Ins 1,895.58 04/28/2023 2309 IAFF Fire Disability
160698 Renie A Arana 315.00 05/05/2023 NWGIA 2023‐ Per Diem
160699 Yulisa Zepeda‐Lopez 315.00 05/05/2023 NWGIA 2023
160700 Joshua Buescher 416.00 05/05/2023 SWAT Training 2023
160702 Kyle McCain 103.00 05/08/2023 WHIA 2023
160703 Samantha Wilson 117.00 05/08/2023 Emergency Airway Corse 2023
160705 Jose Perez 190.00 05/08/2023 Patrol Tactics 2023
160706 Anthony Toto 117.00 05/08/2023 Emergency Airway Training 2023
160707 Mitch Hohman 315.00 05/08/2023 NWGIA Conference 2023
160708 Juan Serrato 16.00 05/08/2023 Cold Case Training 5.2023
160709 Allison Williams 85.02 05/08/2023 Mileage Reimbursement
160710 Derek Beach 58.00 05/08/2023 Fire Pump Testing Class
160711 Tasiya Deering 58.00 05/08/2023 Fire Pump Test Training
160712 Steven Kinser 36.00 05/08/2023 WRPA Conference 2023
160713 Taylor Thomas 294.00 05/08/2023 FAST EMS Conference 2023
160714 Bradly Zook 38.00 05/08/2023 K9 Training 6.2023
160715 A & H Printers Inc 550.68 05/09/2023 Business Cards
160716 Affordable Auto Repair Inc 924.12 05/09/2023 Drug Seizure Vehicle
160717 Airefco Inc 4,226.30 05/09/2023 Bi‐flow Drier for Heat Pump
160718 Amazon Capital Services, Inc.8,548.53 05/09/2023 Office Supplies
160719 American Linen Inc 553.73 05/09/2023 Ambulance Linens
160720 Angel Armor, LLC 3,645.22 05/09/2023 Vehicle Armor Eq 145
160721 Anna Enriquez 123.90 05/09/2023 Museum Consignment Sales
160722 Badger Meters Inc 1,284.10 05/09/2023 Meter Read Services
160723 Bonnie Long 100.00 05/09/2023 Caretaker Stipend (Gas)
160724 Bound Tree Medical LLC 5,367.15 05/09/2023 Ambulance and Medical Supplies
160725 Bud Clary Ford LLC 529.71 05/09/2023 Heavy Duty Floor Mats Eq. 145
160726 Centurylink 55.41 05/09/2023 206‐T03‐6229 331B 4.23.23
160727 Centurylink 1,376.72 05/09/2023 Telephone Service
City of Moses Lake
Checks Issued with Summary Description
For May 23, 2023 Council Meeting
Moses Lake Council Packet 5-23-23, Page 87 of 130
160728 Certified Folder Display Service, Inc 2,445.27 05/09/2023 LTAC Expense
160729 CHS Inc 31,230.04 05/09/2023 Fuel for vehicles April 2023
160731 Columbia Basin Herald 833.30 05/09/2023 Muni Code Amendments
160732 Consolidated Disposal Service 44,857.11 05/09/2023 Transfer Station
160733 Copiers Northwest Inc 709.81 05/09/2023 Equipment Contract Fees
160734 Corporate Translation Services, LLC 60.14 05/09/2023 Translation Services
160735 CSWW, Inc 624.68 05/09/2023 Maintenance Supplies
160736 D & D Electric Motor Srvc Inc 54.10 05/09/2023 Machine Shaft
160737 Databar Inc 1,971.86 05/09/2023 Mail Utility Bills
160738 Dee Dee Dressen 35.00 05/09/2023 Museum Consignment Sales
160739 Devries Information Mgmt 46.00 05/09/2023 On Site Record Destruction
160740 Dobbs Peterbilt‐ Moses Lake 2,048.75 05/09/2023 Inspection/Troubleshoot/Repair
160741 Dr Lou Sowers 1,400.00 05/09/2023 Pre‐Employment Evaluation
160742 Empire Well Drilling, LLC 70,787.64 05/09/2023 Wells 9,17,31,33 and Dunes Well Rehab.
160743 Faber Industrial Supply 16.74 05/09/2023 SNS Adapter
160744 Fastenal Company 434.91 05/09/2023 SNS Supplies
160745 Frances Wood 50.40 05/09/2023 Museum Consignment Sales
160746 G & A Truck & Auto Repair 1,597.13 05/09/2023 Repair and Parts Eq 156
160747 Galls LLC 1,656.73 05/09/2023 Boots ‐ Bastian
160748 GeoEngineers, Inc.1,897.50 05/09/2023 GWMA Water Level Date Evaluation
160749 Grainger Parts Operations 390.76 05/09/2023 Folding gate
160750 Grant Co Solid Waste 61,147.45 05/09/2023 Landfill Dumping Fees
160751 Grant County Animal Outreach 8,333.00 05/09/2023 Contract Payment
160752 Grant County Fairgrounds 230.00 05/09/2023 Booth Rental @ Fairgrounds
160753 Grant County Port District #10 45.00 05/09/2023 Badge Fees
160754 Ground Works Three, LLC 4,583.33 05/09/2023 Rental @ Sleep Center
160755 H D Fowler Company 302.18 05/09/2023 Hydrant Parts
160756 Heartland Agriculture, LLC 346.88 05/09/2023 Knob
160757 Home Depot Pro (Supplyworks)2,545.68 05/09/2023 6 Gallon Buckets
160758 Hopesource 26,638.80 05/09/2023 Homeless Pro Services March 2023
160759 Idexx Distribution, Inc.4,062.07 05/09/2023 Lab Supplies
160760 Industrial Software Solutions 1,235.76 05/09/2023 SCADA Software
160761 International Code Council 163.68 05/09/2023 Code Reference Books
160762 Jerrys Auto Supply 109.26 05/09/2023 Chainsaw Chaps
160763 Jims Lock Service LLC 120.32 05/09/2023 TRT Supplies
160764 Judy Rice 42.00 05/09/2023 Museum Consignment Sales
160765 Kassandra Wiggum 192.50 05/09/2023 Museum Consignment Sales
160766 Kelley Connect 1,121.10 05/09/2023 Equipment Contract Fees
160767 Kent D. Bruce Co LLC 711.16 05/09/2023 Tactical Seat Covers
160768 Knox Company 2,212.45 05/09/2023 MedVault for Ambulance 388
160769 Kottkamp & Yedinak, P.L.L.C.1,662.50 05/09/2023 Planning Pro Services
160770 Kris Chudomelka 51.80 05/09/2023 Museum Consignment Sales
160771 Lake Auto Parts 181.32 05/09/2023 Tie‐down straps
160772 Lance, Soll & Lunghard, LLP 3,602.50 05/09/2023 Finance Pro Services
160773 Marsha Baerlocher 30.80 05/09/2023 Museum Consignment Sales
160774 Martin Schempp 133.00 05/09/2023 Museum Consignment Sales
160775 McKesson Medical‐Surgical 2,380.13 05/09/2023 Ambulance Supplies
160776 Media Index Publishing 3,600.00 05/09/2023 LTAC Expense
160777 Metropolitan Transportation Co 3,500.00 05/09/2023 Annual Subscription
160778 Modern Building Systems, Inc 2,682.93 05/09/2023 Rental @ Sleep Center
160779 Moon Security Services Inc 78.49 05/09/2023 Annex Security Monitoring
160780 Moses Lake BMX Association 18,353.40 05/09/2023 LTAC Grant Payment 2023
160781 Moses Lake Steel Supply 32.16 05/09/2023 Docks Supplies
160782 Moses Lake Towing 970.01 05/09/2023 Tow Bill
Moses Lake Council Packet 5-23-23, Page 88 of 130
160783 Multi Agency Comm Center E911 61,756.25 05/09/2023 911 Dispatch Service
160784 National Safety, Inc 880.53 05/09/2023 Safety Gear
160785 NFPA 175.00 05/09/2023 NFPA Membership ‐ Beach
160786 Northstar Chemical Inc 687.50 05/09/2023 Sodium Hypochlorite Well No. 10
160787 Oreilly Auto Parts 247.01 05/09/2023 Solenoid
160788 Patrick Fleming 52.50 05/09/2023 Museum Consignment Sales
160789 Phyllis Pufahl 42.00 05/09/2023 Museum Consignment Sales
160790 Pow Contracting 471,036.97 05/09/2023 Westshore Biofilter Project
160791 Protect Youth Sports 2,171.45 05/09/2023 Background Checks
160792 Quill Corporation 271.27 05/09/2023 Plates/Bowls
160793 R&M Hansen, Inc 7,318.49 05/09/2023 Sleep Center Laundry Services
160794 Racom Corporation 191.21 05/09/2023 Install Thick Surface Mount
160795 Rells Fire Equipment Inc 1,947.18 05/09/2023 Inspection
160796 Rexel USA 792.70 05/09/2023 Welded Work Box
160797 RH2 Engineering Inc.10,057.62 05/09/2023 Water System Plan Update
160798 Schindler Elevator Corp 401.08 05/09/2023 Elevator Maintenance Contract
160799 SCJ Alliance 214.00 05/09/2023 SMP Pro Services
160800 Sea Western Inc 146.34 05/09/2023 Breathing Air Quality Test
160801 Shirtbuilders Inc 2,919.08 05/09/2023 Safety Gear
160802 Signs Now, LLC 3,442.38 05/09/2023 Vehicle Graphics Eq 145
160803 Sirennet.Com 11,818.46 05/09/2023 Emergency Eq & Lighting PO23‐000023
160804 Smarsh Inc 189.36 05/09/2023 Professional Archive
160805 SoftResources, LLC 1,200.00 05/09/2023 Demo Prep 100%
160806 SWARCO McCain Inc.7,015.66 05/09/2023 Replace Battery Backup and Equip.
160807 Symbol Arts 1,876.95 05/09/2023 Awards
160808 Target Solutions Learning 2,115.52 05/09/2023 Crew Scheduling Software License
160809 Teleflex LLC 1,169.76 05/09/2023 Medical Supplies
160810 The Driftmier Architects Ps 3,279.65 05/09/2023 Larson Recreation Center Pro Services
160811 The Ice House 412.00 05/09/2023 Campground Ice Resale
160812 Trilogy Medwaste West, LLC 39.00 05/09/2023 Pharmaceutical Waste Disposal
160813 Trusteed Plans Service Corp 2,665.00 05/09/2023 2309 TPSC Police Disability
160814 UPS Store 2469 415.82 05/09/2023 Postage for Air Quality Test
160815 Vortex USA, Inc.314.64 05/09/2023 Maintenance Supplies
160816 WA St Council Of FF Emp Ben 3,400.00 05/09/2023 2309 MERP Deductions
160817 Washington Association of Code Enforceme 755.00 05/09/2023 T. Jewell 2023 Membership
160818 Washington State Department of Ecology 6,555.94 05/09/2023 2023 Biosolids Permit Duns WWTP
160819 Washington State Patrol 410.75 05/09/2023 Background Checks
160820 Weinstein Beverage Company 105.70 05/09/2023 Drinking Water
160821 Wheeler Excavation LLC 279,706.95 05/09/2023 Longview & Kinder Reconst
160822 Zoll Medical Corp 1,482.58 05/09/2023 Medical Supplies
160823 City of Moses Lake 9,210.60 05/09/2023 Northshore Lift Station‐ Utility Service
160824 City of Moses Lake 9,210.60 05/09/2023 2' Water Meter Westshore Biofilter
160825 Assoc Of Grant Co Cities 40.00 05/10/2023 Check intended for AGCCT
160826 Mark's Organic Produce 85.00 05/10/2023 City Endorsement Reimbursement
160827 MB Trucking, LLC.85.00 05/10/2023 City Endorsement Reimbursement
160828 Santiago's Garden 85.00 05/10/2023 City Endorsement Reimbursement
160829 V&V Freight LLC 85.00 05/10/2023 City Endorsement Reimbursement
160830 Washington State Treasurer 285.50 05/10/2023 State Building Code Remittance Q1
160831 Washington State Treasurer 9.81 05/10/2023 JIS PSAE Remittance 4.30.23
160832 Wize Guys Beefs 85.00 05/10/2023 City Endorsement Reimbursement
160833 Grant County Auditor 206.50 05/11/2023 Recording Fees‐ Public Notice
160834 Abc Hydraulics 13.93 05/17/2023 Hydraulic Line O Rings
160835 Advanced Analytical Solutions 228.48 05/17/2023 P.E. Samples
160836 Amazon Capital Services, Inc.19,934.89 05/17/2023 Ice Tea KPods
Moses Lake Council Packet 5-23-23, Page 89 of 130
160837 Aspect Consulting 19,230.76 05/17/2023 Water System Plan Support
160838 Axon Enterprise Inc 24,424.01 05/17/2023 Axon Licenses
160839 Bound Tree Medical LLC 1,193.18 05/17/2023 Medical Supplies
160840 Bud Clary Ford LLC 7.32 05/17/2023 Nut
160841 Code Publishing Co.341.46 05/17/2023 Muni Code Web Update
160842 Copiers Northwest Inc 294.29 05/17/2023 Equipment Contract Fees
160843 Crown Paper & Janitorial 403.94 05/17/2023 Custodial Supplies
160844 CSWW, Inc 75.87 05/17/2023 Bibs
160845 David Helms 3,829.23 05/17/2023 Medical Claim Reimbursement
160846 Dobbs Peterbilt‐ Moses Lake 221.84 05/17/2023 Seat Belt
160847 Elvis Swisher 70.00 05/17/2023 Medical Co Pay
160848 Faber Industrial Supply 214.91 05/17/2023 Infield Pump Ballfields
160849 Fastenal Company 435.56 05/17/2023 Marking Paint
160850 Grainger Parts Operations 1,151.94 05/17/2023 Capacitors
160851 Grant County Port District #10 30.00 05/17/2023 Port ID Badges
160852 Home Depot Pro (Supplyworks)15.40 05/17/2023 Window Washer
160853 IAFF Local 1258 4,930.00 05/17/2023 2310 Fire Dues
160854 Inland Body & Paint 1,953.46 05/17/2023 Repair Eq. 038 WO 58695
160855 Jerrys Auto Supply 6,343.00 05/17/2023 Lamps/Filters/Wiper Blades
160856 Jims Lock Service LLC 29.21 05/17/2023 Key Blanks
160857 Kelley Connect 964.88 05/17/2023 Equipment Contract Fees
160858 Lake Auto Parts 12.50 05/17/2023 Filter **$0.25 Discount Taken**
160859 Lakeside Disposal, Inc 281,339.56 05/17/2023 Recycling @ Fire
160860 Lowes 3,142.20 05/17/2023 April 20203 Statement
160861 Matrix Sciences International Inc.2,788.00 05/17/2023 Sample Testing
160862 Moses Lake Police Guild 2,600.00 05/17/2023 2310 Police Dues
160863 Moses Lake Steel Supply 31.96 05/17/2023 Lock Nuts
160864 North Central Laboratories 582.68 05/17/2023 Lab Supplies
160865 Northland Cable Television, Inc 104.95 05/17/2023 Internet Backup
160866 NYS Child Support Prosessing Center 184.61 05/17/2023 Gilmartin Child Support
160867 Oasis Auto Spa 959.20 05/17/2023 Car Washes April 2023
160868 Oreilly Auto Parts 99.09 05/17/2023 Coolant Reservoir
160869 Pasco Tire Factory, INC 204.73 05/17/2023 Wheel Switch/Tire
160870 Protect Youth Sports 120.45 05/17/2023 Background Checks
160871 Pud Of Grant County 98,857.53 05/17/2023 Well Elec Service
160872 Qcl Inc 335.00 05/17/2023 DOT Random Testing
160873 Redflex Traffic Systems Inc 47,701.93 05/17/2023 April Redflex
160874 Rexel USA 106.54 05/17/2023 Fuses
160875 Samaritan Healthcare 8.00 05/17/2023 PALS Card ‐ Lebacken
160876 SHI International, Inc 13,255.88 05/17/2023 Firewall Ugrade
160877 Sirennet.Com 3,090.94 05/17/2023 Emergency Eq & Lighting PO23‐000016
160878 Systems Design West, LLC 5,575.56 05/17/2023 EMS Billing April 2023
160879 Target Solutions Learning 99.99 05/17/2023 Crew Scheduling Software
160880 The DOH Associates 9,013.75 05/17/2023 LRC Wrap Up
160881 Traffic Safety Supply Company 1,694.76 05/17/2023 Sign Blanks
160882 Transunion Risk & Alternative 177.12 05/17/2023 April 2023 Investigation Costs
160883 Ups Freight 78.27 05/17/2023 Weekly Service Fees
160884 Usa Blue Book 263.08 05/17/2023 Lab Supplies
160885 Util Undrgrnd Location Center 119.97 05/17/2023 Undergound Locates April 2023
160886 Wash Council Police & Sheriffs 500.00 05/17/2023 2310 WCPS Dues
160887 Western Display Fireworks Ltd 6,250.00 05/17/2023 2nd Installment
160888 WSCCCE, AFSCME, AFL‐CIO 2,212.38 05/17/2023 2310 AFSCME Dues
1,985,625.00$
Moses Lake Council Packet 5-23-23, Page 90 of 130
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Allison Williams, City Manager 10935
Kevin Fuhr Police
5/23/2023 Consent Agenda
Police Unmanned Aircraft System (Drone) Program Resolution
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
0.00$0.00$0.00$
Adopt resolution to approve MLPD moving forward with the FAA process to implement a UAS (drone) program.
FAA Drone resolution.doc 29KB
attorney letter FAA Drone application.docx 20.47KB
The Police Department has been beta-testing the feasibility of utilizing unmanned aerial system(s) (UAS)
with other public safety agencies over the past year. The Police Department has reached a point where it’s
ready to implement its own policies and standard operating procedures. Part of the process moving forward
will require application to the Federal Aviation Administration (FAA). Said application requires a letter
from the City Attorney.
HISTORY:
Unmanned Aerial Systems (UAS), commonly referred to as drones, are transforming law enforcement
operations and can significantly reduce operational expenses. Common areas for UAS deployment include
Traffic Collision Reconstructions, Search and Rescue, Crime Scene Documentation, and Police K-9
Tracking and Security. As the City of Moses Lake continues to grow, many departments struggle to keep
pace with the expanded demands for service and the Police Department is no exception. These increased
demands on police resources are resulting in the need to find new efficiencies such as taking advantage of
emerging technologies like UAS.
No immediate fiscal implication. Future purchases will be requested through the budget process.
The MLPD will review and implement the Lexipol policy to ensure compliance with State and Federal laws.
Options and Results
Moses Lake Council Packet 5-23-23, Page 91 of 130
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The program to have UAS will be implemented.
Staff will bring back options for recommended changes.
Do not allow for a UAS program.
Moses Lake Council Packet 5-23-23, Page 92 of 130
KENISONFRANZ
ATTORNEYS AT LAW
KATHERINE L. KENISON, PS ANNA C. FRANZ, PS
OFFICE: 509.754.2493 FAX: 509.754.4022
406 W. BROADWAY AVE., SUITE D, MOSES LAKE, WASHINGTON 98837
May 2, 2023
Federal Aviation Administration
Acting Air Traffic Manager
Unmanned Aircraft Tactical Operations, AJV-115
490 L'Enfant Plaza SW Suite 7105
Washington DC 20024
To Whom it May Concern:
The City of Moses Lake, Washington is requesting to operate as a public aircraft
operator of small, unmanned aircraft systems (SUAS) as defined in 14 CFR § 107.3. The
City of Moses Lake is an independent local government entity in Washington established
under the Optional Municipal Code, Revised Code of Washington (RCW) Chapter 35A.
As general counsel for the City of Moses Lake, I certify that the City is a political
subdivision of the State of Washington as defined in 49 U.S.C. § 40102(a) (41)(C). The
City will be operating SUAS in support of emergency personnel and understands and will
comply with all restrictions and provisions under its Certificate of Authorization (COA).
All aircraft to be used in City operations will be SUAS owned and operated by the
City or other authorized municipal agencies. The SUAS will not be used for commercial
purposes or to carry any individual in accordance with 49 U.S.C. § 40125(b). The City will
not operate the SUAS for compensation or hire in reference to 49 U.S.C. § 40125(b).
If you have any questions or concerns you can reach me at my contact information below.
Katherine Kenison
City Attorney
Moses Lake Council Packet 5-23-23, Page 93 of 130
Resolution No. ___________ Page 1
RESOLUTION 3938
A RESOLUTION OF THE CITY OF MOSES LAKE ESTABLISHING THE CITY AS A PUBLIC AIRCRAFT OPERATOR Recitals:
1. The City of Moses Lake is a municipal corporation under the laws of the State of Washington; and 2. The City intends to begin using small unmanned remotely controlled aircraft (drones) for
the purpose of providing emergency responders a better situational awareness profile
when operating at emergency scenes; and 3. The City does not intend to operate the drones for compensation or hire; and
4. The City Council deems it appropriate to request that the Federal Aviation
Administration (FAA) authorize such drone usage. Resolved:
1. The City hereby intends to become a Public Aircraft Operator as such term is
defined and regulated by the Federal Aviation Administration. 2. The City Attorney is directed to issue a Public Declaration Letter consistent with the terms of this Resolution.
ADOPTED by the City Council of the City of Moses Lake, Washington, this 23rd day of May, 2023.
_________________________________
Don Myers, Mayor ATTEST:
______________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 5-23-23, Page 94 of 130
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Allison Williams, City Manager 10918
Kirsten Sackett Community Development
5/23/2023 Consent Agenda
Grant County ESG-CV Contract Amendment
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
0.00$0.00$0.00$
Staff recommends that City Council authorize the City Manager to execute the ESG-CV contract amendment
with Grant County, and to authorize a budget amendment for the increase in the budgeted revenues and
expenses.
ESG-CV Contract Amendment to CC 5.23.23.pdf 1.04MB
In November 2020, the City of Moses Lake received $1,458,768 in funding through the Emergency Solutions
Grant Covid-19 to prevent, prepare for, and respond to the pandemic among individuals and families who were
homeless or receiving homeless assistance. The City has subcontracted a portion of the funds with
HopeSource for management of the Open Doors Sleep Center for management, outreach, Enhanced Shelter
acquisition and operations, and for Rapid Rehousing and Homeless Prevention rental assistance and case
management.
This will be the fourth amendment to the grant contract. The first amendment allowed for reallocation of funds
from ESG-CV to the Shelter program grant, the second adjusted the categories to which the funds were
facilitated, and the third amendment added additional funding which became available after another service
provider relinquished funds.
This fourth amendment adds $193,403 to the awarded funds, bringing the total grant amount to $1,714,775.83.
The additional funds became available after other provider relinquished funds. The additional funding will be
allocated to cover Shelter Case Management and Shelter Operations, with a minimal amount going towards
admin costs. The contract amendment has already been approved by Grant County and is attached for review
and consideration.
Moses Lake Council Packet 5-23-23, Page 95 of 130
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The City doesn’t allocate any of its general funds for the Homeless Housing Program. This additional funding is
necessary for the operation and management of the Open Doors Sleep Center. The allows the City to utilize
this ESG-CV funding source prior to utilizing the HB1406 and Recording Fee dollars. As the City is already
receiving this grant, staff are already familiar with the grant guidelines and requirements.
Options and Results
The City receives additional funding for operation of the existing homeless program.
Staff will bring back options for recommended changes.
Continue with current agreement and the City must utilize other funding for Sleep Center operations and
management.
Moses Lake Council Packet 5-23-23, Page 96 of 130
Moses Lake Council Packet 5-23-23, Page 97 of 130
Moses Lake Council Packet 5-23-23, Page 98 of 130
Moses Lake Council Packet 5-23-23, Page 99 of 130
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Allison Williams, City Manager 10864
Richard Law, PE Municipal Services
5/23/2023 Consent Agenda
Accept Biosolids Land Application Project (GC2023-105)
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
0.00$0.00$0.00$
Staff recommends that City Council motion to accept the Biosolids Land Application Project (GC2023-105).
GC2023-105 Biosolids Land Application Final Pay Estimate Signed.pdf 543.36KB
Biosolids are a byproduct of the wastewater treatment process. Periodic removal of the product from the
wastewater treatment lagoons is essential to the treatment process. Land surrounding the Dunes WWTP has
been leased out to farm crops that can be fertilized with appropriate concentrations of biosolids. This project
accomplished the application of approximately 287 dry tons of biosolids to the fields. The project is complete,
the work has been inspected, and there are no outstanding punch list items.
The amount budgeted for this project was $200,000. The total amount to be paid to the contractor will be
$132,029.86.
Upon acceptance, the City will enter into the 60-day lien period as required by Washington State Law.
Options and Results
Staff will send a Notification of Acceptance to the contractor and the 60-day lien period will begin.
Staff will review the amended direction and provide options for the recommended changes.
The project will not be formally accepted at this time.
Moses Lake Council Packet 5-23-23, Page 100 of 130
Moses Lake Council Packet 5-23-23, Page 101 of 130
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Allison Williams, City Manager 10913
Kirsten Sackett, Director Community Development
5/23/2023 New Business
Interim Covered/Enclosed Parking Requirement Ordinance 3026
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
0.00$0.00$0.00$
Action Requested
Adopt interim land use regulations that remove the requirement that the residential parking must be covered.
Packet Attachments (if any)
Draft Ordinance
Moses Lake Council Packet 5-23-23, Page 102 of 130
Overview
On May 9, 2023, during a regular City Council meeting, the Council instructed the Community Development Department
to return with options to address a citizen’s request to allow the use of garage for habitable space. Specifically, the property
owner desires to open a day care within their residence and convert the garage into day care space.
Pursuant to Moses Lake Municipal Code 18.20.050 Development Standards for Residential Zones within the R-1 Zoning
District, a minimum of one required covered parking spaces is required (in a garage or carport constructed to the standards
of the State Building Code), in addition to off-street parking required in Chapter 18.54.
In addition, parking is required pursuant to MLMC 18.54.040 - Two (2) required parking stall per unit for single-family
homes (including manufactured homes). In addition, every parcel of land hereafter used for parking purposes shall be
developed and permanently maintained in accordance with the Code requirements.
The garage is intended for car parking for the residence and should be maintained as such unless additional compliant
parking is developed on-site.
Option 1 – Interim Controls.
City Council must Declare an emergency
City Council must state Findings of Fact regarding the emergency
City Council must establish an effective date, and
City Council must direct staff to conduct a work plan pursuant to option 2.
Draft Ordinance adopting Interim Land Use Regulations and Official Controls Pursuant to RCW 35A.63.220 And RCW
36.70A.390 for Code text amendment to remove the requirement for Covered Parking, Declaring an Emergency, Adopting
Findings of Fact, and Establishing an Effective Date.
Option 2 – Docket (standard process).
Compile related amendments.
Staff analysis to determine consistency with Comprehensive Plan. If not, a Comprehensive Plan amendment process
must begin. If consistent, then the following steps may proceed (abbreviated):
Complete SEPA
Complete public notice for amendment and
Complete Commerce 60-day review
Hold public workshops with the Planning Commission.
Hold public hearings (upon public notice) before the Planning Commission.
Hold public hearing with City Council to consider Planning Commission recommendations and determine action to
adopt, deny or remand Code Amendments.
Code Amendment
The covered parking required is found within Moses Lake Municipal Code 18.20.050 Development Standards for
Residential Zones.
Within the R-1 Zoning District, TABLE 2: DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES the following
requirement is included:
“Minimum required number of covered11 parking spaces, in addition to off-street parking required in Chapter 18.54.”
Footnote No. 11 of Table 2 reads as follows:
11. In a garage or carport constructed to the standards of the State Building Code.
The amendment to the code would be to remove the word “covered”, and to eliminate Footnote #11., as follows:
“Minimum required number of covered11 parking spaces, in addition to off-street parking required in Chapter 18.54.”
11. In a garage or carport constructed to the standards of the State Building Code.
Based on direction from City Council at the May 9, 2023 meeting, Option 1 would provide for the most expeditious process
for proceeding with the code amendment.
If adopted, staff would then recommend proceeding with the standard docketing processing outlined previously in this
report. Moses Lake Council Packet 5-23-23, Page 103 of 130
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The code amendment would allow for residents to enclose existing covered parking, and will also eliminate the
requirement that the required parking spaces for new residential construction be covered.
Options and Results
The interim regulations will remove the requirement that all parking in residential areas be covered.
Staff will bring back options for recommended changes.
The requirement for parking to be covered will be maintained.
Moses Lake Council Packet 5-23-23, Page 104 of 130
Page 1 of 4
ORDINANCE 3026
AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, RELATING TO COVERED PARKING WITHIN R-1 RESIDENTIAL ZONED PROPERTY, ADOPTING INTERIM LAND USE REGULATIONS
AND OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390 FOR OPEN SURFACE PARKING WITHIN THE R-1 RESIDENTIAL ZONING DISTRICTS, DECLARING AN EMERGENCY, AND ESTABLISHING AN EFFECTIVE DATE.
Recitals:
1. The City of Moses Lake Municipal Code 18.20.050 Development Standards for Residential Zones within the R-1 Zoning District, requires a minimum of one required covered parking spaces (in a garage or carport constructed to the standards of the State Building Code), in
addition to off-street parking required in Chapter 18.54; and
2. The City of Moses Lake Municipal Code requires parking pursuant to MLMC 18.54.040 - Two (2) required parking stall per unit for single-family homes (including manufactured homes); and
3. The City of Moses Lake Municipal Code requires every parcel of land hereafter used for parking purposes shall be developed and permanently maintained in accordance with the Code requirements; and
4. The City of Moses Lake is working toward the Growth Management Act Periodic Update
(RCW 36.70A.130) – Comprehensive Plan / Code update; and 5. On May 9, 2023, during a regular City Council meeting, the Council instructed the Community Development Department to address a citizen’s request to allow the use of
garage space for habitable space; and
6. The City of Moses Lake finds that use of a residential structure should not be limited; and 7. The City of Moses Lake finds that required covered parking is extraneous; and
8. The City of Moses Lake finds that within residential zones there is a limited or declining supply of day care options; and 9. The City Council finds that the proposed interim development and zoning regulations are
reasonable and necessary in order to further implement the full use of residential structure
to accommodate day care facilities, and are therefore in the public interest; and 10. The need for day care facilities create a time sensitive emergency requiring the adoption of an interim zoning ordinance; and
Moses Lake Council Packet 5-23-23, Page 105 of 130
Page 2 of 4
11. The City is authorized to impose interim land use controls for up to one (l) year if a work
plan is developed for related studies providing for such longer periods pursuant to RCW
35A.63.220 and RCW 36.704.390; and 12. A public hearing on these interim regulations will be scheduled within 60 days of ordinance adoption, pursuant to RCW 35A.63.220 and RCW 36.70A.390.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted and incorporated
as Findings of Fact of the City Council.
Section 2. Additional Findings. The Council may adopt further additional findings after the public hearing is held and evidence presented to the City Council.
Section 3. This purpose of this ordinance is to:
A. Promote expansion of needed day care facilities; and B. Allow for the full use of residential structures for day care facilities; and C. Accommodate the growing need and demand for day care facilities and service.
Section 4. The following amendments are hereby adopted: A. Moses Lake Municipal Code 18.20.050 Development Standards for Residential Zones within the R-1 Zoning District, Table 2: Development Standards In Residential Zones:
“Minimum required number of covered11 parking spaces, in addition to off-street parking
required in Chapter 18.54.”
Table 2, Footnote #11: 11. In a garage or carport constructed to the standards of the State Building Code. Section 5. Appeals. Interim controls are not subject to appeal.
Section 6. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70.390, the City Council
will hold a public hearing on this interim ordinance to take public testimony.
Section 7. Duration of Interim Regulations. The interim amendments adopted by this ordinance
shall remain in effect until six (6) months from the effective date and shall automatically expire
unless the same are extended as provided in RCW 36.70A.390 and RCW 35A.63.220 prior to that
date, or unless the same are repealed or superseded by permanent amendments prior to that date.
Section 8. Planning Commission Work Program. The City of Moses Lake Planning Commission
is hereby directed to review the interim regulations in 2023. The Commission shall make a
Moses Lake Council Packet 5-23-23, Page 106 of 130
Page 3 of 4
recommendation on whether said amendments, or some modification thereof, should be
permanently adopted. The Moses Lake Planning Commission is directed to complete its review,
to conduct such public hearings as may be necessary or desirable, and to forward its
recommendation to the Moses Lake City Council prior to the expiration of the interim
amendments. The work program shall include input from wireless carriers, existing franchisees,
and City staff.
Section 9. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 10. Enforcement. Violations of this ordinance are enforceable to the same extent as other violations of Title 18 MLMC and are equally subject to injunctive and other forms of civil relief that the City may seek. Section 11. Conflict. In the event that there is a conflict between the provisions of this ordinance and any other City ordinance, the provisions of this ordinance shall control. Section 12. Declaration of Emergency. The Moses Lake City Council hereby finds and declares
that an emergency exists which necessitates that this ordinance become effective immediately in
order to preserve the public health, safety and welfare of the City of Moses Lake, pursuant to RCW
35A.13.190.
Section 13. Effective Date. This Ordinance shall take effect and be in full force and effect immediately upon passage, as set forth herein. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on May
23, 2023.
_____________________________________ Don Meyers, Mayor
ATTEST:
____________________________________ Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________ Katherine L. Kenison, City Attorney
Moses Lake Council Packet 5-23-23, Page 107 of 130
Page 4 of 4
Martinez Swartz Myers Fancher Madewell Eck Skaug
Vote:
Date Published: May 30, 2023
Date Effective: May 23, 2023
Moses Lake Council Packet 5-23-23, Page 108 of 130
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Mayor and City Council 10939
Allison Williams, City
Manager Administration
5/23/2023 Old Business
Subject
Vehicle Impound and Parking Regulations Ordinance
Reviewed and Approved by:
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
0.00$0.00$0.00$
Council approval of updated camping and impound ordinance for the purposes of managing public property.
As a result of direction provided by City Council at the May 9, 2023 regular meeting, staff is returning with
updated camping and impound ordinances for the purposes of managing public property.
Although there is no cost associated with updating the ordinances, in order to assure adequate staff for the
purposes of enforcement, City Council will consider the request for additional staffing by the police department.
For the purposes of handling private property, City Council will consider the current code for code enforcement
and staff is recommending additional staff (1/2 time position) in addition to the creation of a response team.
These costs will be brought back to Council for consideration, after input at this meeting.
Options and Results
Codes will be updated to support work identified by City Council.
Staff will bring back options for recommended changes.
Current codes would be in place which are not up to date with current case law.
Moses Lake Council Packet 5-23-23, Page 109 of 130
Chapter 9.18 Code, Camping Page 1 of 12
The Moses Lake Municipal Code is current through Ordinance 3016, passed November 22, 2022.
Chapter 9.18
CAMPING
Sections:
9.18.010 Findings.
9.18.020 Purpose.
9.18.030 Definitions.
9.18.040 Unlawful Camping.
9.18.050 Unlawful Storage of Personal Property in Public Places.
9.18.060 Penalty for Violations.
9.18.070 Permit.
9.18.080 Public Duty Created.
9.18.010 Findings:
People camping on public property and on public rights-of-way create a public health and safety hazard
due to the lack of proper electrical and/or sanitary facilities for these people. People without proper
sanitary facilities have openly urinated, defecated, and littered on public property and on the public
rights-of-way. Use of public property for camping purposes or storage of personal property interferes with
the rights of others to use the areas for which they were intended and creates public health and safety
dangers to the city’s sensitive ecological areas, including the city’s water sources, through illegal
dumping and improper disposal of human waste. People cooking with open flames while camping or
habitating outside endanger the lives and property of those nearby through uncontrolled fire.
9.18.020 Purpose:
It is the purpose of this chapter to prevent harm to promote the public health, general welfare,
environmental health, economic health, andor safety of the city public and to promote the public health,
safety and general welfare by keeping making public streets rights of way and other public property areas
within the city safe and readily accessible to the public and to prevent use of public property for camping
purposes or storage of personal property which interferes with the rights of others to use the areas for
which they were intended.
It is the purpose of this chapter to prevent the harm to public property caused by the activities of
unlawful camping; unlawful storing of camp facilities; unlawful fires; littering; and altering or damaging
the natural environment such as diverting water, removing vegetation, and excavation. Camping on public
Moses Lake Council Packet 5-23-23, Page 110 of 130
Chapter 9.18 Code, Camping Page 2 of 12
The Moses Lake Municipal Code is current through Ordinance 3016, passed November 22, 2022.
property – erecting and occupying camp facilities for the purpose of facilitating occupation, habitation, or
residing in a location – that is not designated as an area for camping creates dangerous public health and
safety concerns for those experiencing homelessness, the general public, city employees, and first
responders. These activities foster unsanitary conditions, damage the natural environment and critical
areas, and interfere with the rights of others to use public property for the purposes for which they were
intended.
9.18.030 Definitions:
The following definitions are applicable in this chapter unless the context otherwise requires:
“Actively Engaged in the Process of Exiting Homelessness” means an individual is presently participating
in the activities necessary to achieve housing, whether temporary or permanent. The City of Moses Lake
recognizes that availability of permanent housing, transitional housing, and treatment services will impact
an individual’s ability to successfully move out of homelessness into housing; and therefore, there are no
specific timelines outlined within this chapter. Such status shall be determined by the city manager or
designee. When determining whether an individual is actively engaged in the process of exiting
homelessness, the city manager or designee shall take into account whether the individual is:
1. In a local database maintained by the Homeless Management Information System (HMIS) with
an active enrollment in an outreach project and/or coordinated entry; or
2. Working with a non-HMIS entering service provider; or
3. Actively working with a street outreach project towards permanent housing or any other
intervention requested by the individual (for example, treatment). “Actively working” includes:
a. The outreach worker is building rapport with the individual and has not yet entered any
enrollment into HMIS’s database; or
b. The outreach worker and individual are (i) in the documentation gathering phase for
purposes of accessing housing or treatment facilities, and (ii) the individual is attending
required appointments in order to achieve housing or treatment options; or
Moses Lake Council Packet 5-23-23, Page 111 of 130
Chapter 9.18 Code, Camping Page 3 of 12
The Moses Lake Municipal Code is current through Ordinance 3016, passed November 22, 2022.
4. Participating in any other activity, program, or process deemed necessary to secure permanent
housing.
“Available Overnight Shelter” means a public or private shelter with an overnight space available and
open to the individual experiencing homelessness at no charge.
“Camp” or “Camping” means to pitch, create, use, or occupy camp facilities and/or to use camp
paraphernalia for the purpose of, or in such a way, as will facilitate the occupation of or residing in a
location.
“Camp Facilities” include, but are not limited to, tents, huts, temporary shelters made of any material, or
vehicles, or to demarcate public property under circumstances that evidence an intent to take or hold
possession or control of that public property as a person’s residence or tenancy to the exclusion of others
or other uses.
“Camp Paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets,
mattresses, hammocks, or non-City designated cooking facilities and similar equipment.
“City” means the City of Moses Lake.
“Contraband” means any property that is unlawful to produce or possess.
“Critical Area” means an area that possesses important natural functions and embodies a variety of
important natural and community values. Such areas include wetlands, streams, fish and wildlife habitat,
steep slopes, geologic hazard areas, critical aquifer recharge areas, and flood hazard areas as well as the
buffers which serve to protect the aforementioned areas.
“Hazardous Material” means any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, physical, chemical, or infectious characteristics, may cause
or significantly contribute to a present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise managed.
“Litter” shall have the same meaning as used in RCW 70A.200.030(7) as now enacted or hereafter
amended or recodified.
“Park” means the same as defined in MLMC Section 12.36.020.
“Personal Property” means an item that is reasonably recognizable as belonging to a person; has
apparent utility in its present condition and circumstances and is not hazardous. Examples include but
Moses Lake Council Packet 5-23-23, Page 112 of 130
Chapter 9.18 Code, Camping Page 4 of 12
The Moses Lake Municipal Code is current through Ordinance 3016, passed November 22, 2022.
are not limited to identification documents, personal papers and legal documents, tents, bicycles, radios
and other electronic equipment, eyeglasses, prescription medications, photographs, jewelry, and medical
devices such as crutches or wheelchairs. Personal Property does not include building materials such as
wood products, metal, pallets, or rigid plastic, cardboard, nor does it include other large and bulky items
such as furniture. City personnel will determine whether an item is personal property, and in cases where
the status of an item cannot reasonably be determined by City personnel’s good faith and best judgment
based on the totality of the circumstances, City personnel will treat the item as Personal Property under
this definition.
“Pollutant” means and includes anything that may contaminate or contribute to the contamination of any
place, area, or location. Examples include without limitation: hazardous materials; paints, varnishes, and
solvents; oil and other automotive or motor fluids; liquid and solid wastes, human waste, food wastes, and
yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations;
floatables such as closed or open cell foam; plastics; pesticides, herbicides, and fertilizers; sewage, fecal
coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result
from constructing a building or structure; electronics; electric and combustion engines and devices that
use electric and combustion engines including parts thereof; hazardous cleaning liquids and materials; any
drug as defined by RCW 69.50.101; and any drug paraphernalia as defined in RCW 69.50.102.
“Public Property” means all property in which the city has a property interest, including parcels, tracts,
easements, and public rights-of-way. The term includes, without limitation, all parks, docks, piers, streets,
sidewalks, trails, museums, pools, beaches, open spaces, public squares, the grounds around city facilities
including but not limited to parking lots and structures, breezeways, entryways, planter areas, and storage
areas, and any other property in which the city has a property interest of any type.
“Solid Waste” shall have the same meaning as used in RCW 72A.205.015(22) as adopted or may be
amended.
“Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave
in a location.
“Street” means any highway, lane, road, street, right-of-way, boulevard, alley, and every way or place in
the City of Moses Lake that is publicly owned or maintained for public vehicular travel.
“Vegetation” means trees, shrubs, grass, weeds, bushes, vines, turf, flowers, seaweed, fungus, and other
plant materials, including but not limited to clippings, fallen leaves, fruit, or branches
“Vehicle” means the same as defined in RCW 46.04.670, which is hereby adopted as now enacted or
hereafter amended.
Moses Lake Council Packet 5-23-23, Page 113 of 130
Chapter 9.18 Code, Camping Page 5 of 12
The Moses Lake Municipal Code is current through Ordinance 3016, passed November 22, 2022.
9.18.040 Unlawful Camping on Public Property:
A. At any time, it shall be unlawful for any person to camp, occupy camp facilities for purposes of
habitation, or use camp paraphernalia in the following areas, except as otherwise permitted by the Moses
Lake Municipal Code provided by ordinance or as permitted pursuant to Section 9.18.070:
1. Any park;
2. Any street; or
3. Any publicly owned or maintained parking lot or other publicly owned or maintained area,
whether improved or unimproved.
4. Critical areas and water supply properties that are owned or used (e.g., 100 foot wellhead
protection area) by the city for the purposes of producing, pumping, storing, treating, and protecting
domestic drinking water sources.
B. At any time, it shall be unlawful for any person to occupy a vehicle for the purpose of camping while
that vehicle is parked in the following areas, except as otherwise permitted by the Moses Lake Municipal
Code provided by ordinance or as permitted pursuant to Section 9.18.070:
1. Any park;
2. Any street; or
3. Any publicly owned or maintained parking lot or other publicly owned or maintained area,
improved or unimproved.
4. Critical areas and water supply properties that are owned or used (e.g., 100 foot wellhead
protection area) by the city for the purposes of producing, pumping, storing, treating, and protecting
domestic drinking water sources.
C. In addition to other remedies provided by law, including, but not limited to, the penalty provisions of
this chapter, any violation of this section is hereby declared to be a public nuisance. The city may abate
any such nuisance as provided in Chapter 1.20, including a summary abatement.
No citation shall be issued for a violation of this section if the person identified as the owner of the camp
facilities immediately removes the camp facilities upon request and has not been previously contacted by
City enforcement officials.
Moses Lake Council Packet 5-23-23, Page 114 of 130
Chapter 9.18 Code, Camping Page 6 of 12
The Moses Lake Municipal Code is current through Ordinance 3016, passed November 22, 2022.
9.18.050 Unlawful Storage of Personal Property in Public Places:
At any time, it shall be unlawful for any person to store personal property, including camp facilities (other
than vehicles) and camp paraphernalia, in the following areas, except as otherwise permitted by the
Moses Lake Municipal Code provided by ordinance or as permitted pursuant to Section 9.18.070:
A. Any park;
B. Any street; or
C. Any publicly owned or maintained parking lot or publicly owned or maintained area, improved or
unimproved.
D. Critical areas and water supply properties that are owned or used (e.g., 100 foot wellhead protection
area) by the city for the purposes of producing, pumping, storing, treating, and protecting domestic
drinking water sources.
No citation shall be issued for a violation of this section if the person identified as the owner of the
personal property immediately removes the personal property upon request and has not been previously
contacted by City enforcement officials.
9.18.060 Vehicles used as a residence.
A. All Vehicles (parked on City streets shall abide by the parking rules and regulations of the City,
including, but not limited to, Chapter 10.13.
B. Vehicles shall not be used for residential purposes in any parking lot or other public property,
improved or unimproved, except as provided in subsection C of this section.
C. The City Council is authorized to designate areas on public property where Vehicles may be used for
temporary residential purposes; provided, that such areas have adequate facilities as determined by the
City Council to accommodate such Vehicles. The City Manager is authorized to promulgate rules and
regulations regarding the use of areas designated for temporary residential use by Vehicles.
D. In addition to other remedies provided by law, including, but not limited to, the penalty provision of
this chapter, use of a Vehicle in violation of this section is hereby declared to be a public nuisance. The
City may abate any such nuisance as provided in Chapter 1.20.
9.18.070 Unlawful use of fires.
Moses Lake Council Packet 5-23-23, Page 115 of 130
Chapter 9.18 Code, Camping Page 7 of 12
The Moses Lake Municipal Code is current through Ordinance 3016, passed November 22, 2022.
It shall be unlawful for any person to build any fire or maintain open flames for any purpose on public
property except in designated areas in parks when parks are open.
9.18.080 Unlawful environmental damage to public property.
It shall be unlawful for any person to do the following on public property, unless expressly permitted or
otherwise authorized by the city:
1. Dump, throw, deposit or discharge any Pollutant;
2. Deposit urine or feces into or onto a place other than a receptacle intended for the deposit of
urine or feces;
3. Destroy or alter vegetation through cutting, clearing, grading, or harvesting;
4. Construct or create trails not expressly authorized by the city, or damage existing city trails;
5. Remove or excavate soil, sand, gravel, minerals, or organic matter of any kind; provided it
shall not be unlawful to do so at a public park in areas intended or designated for digging as a
form of recreation;
6. Drain or increase the water level of a body of water, river, creek or stream, or divert or impede
water flow of any river, creek or stream; or
7. Disturb wildlife dens, burrows, or nests.
9.18.090 Unlawful camp – Removal.
Upon a determination by the city that a camp has been established on public property in violation of this
chapter, camp facilities, and all other personal property, contraband, and pollutants shall be removed
subject to the following provisions:
A. Immediate removal of unlawful camp. If an unlawful camp is on public property described in MLMC
9.18.040, the city may immediately remove any personal property, camp facilities, and all other property,
contraband, pollutants, and waste and store it or dispose of it as set forth in subsection (C) of this section;
provided, the owner shall be provided an opportunity to immediately remove the property if present or if
they arrive during the removal of the property.
Moses Lake Council Packet 5-23-23, Page 116 of 130
Chapter 9.18 Code, Camping Page 8 of 12
The Moses Lake Municipal Code is current through Ordinance 3016, passed November 22, 2022.
B. Removal of unlawful camp following posted notice. For all other unlawful camps on public property,
the following shall occur:
1. At least 72 hours before the removal of the camp facilities and personal property, the city will
post a notice to remove property containing:
a. The address or location of the unauthorized encampment, unlawful storage, or unlawful
camp, and the requirement to remove the camp facilities and personal property within the
designated time period.
b. Information on the process individuals camping or storing personal property within the
camp area may use to petition for additional time to leave the camp area and remove their
property.
c. Information regarding the availability of assistance from social services and available
overnight shelter options.
d. A statement that any personal property, camping paraphernalia, camp facilities, and all
other property, contraband, litter, and solid waste remaining after the notice period is subject
to removal and, as may be applicable, temporary storage by the City.
2. If the camp facilities and personal property, contraband, pollutants, and waste remain at the end
of the notice period set forth in subsection (B)(1) of this section, it may be removed by the city;
provided, the owner shall be provided an opportunity to immediately remove the property if they
arrive during the city’s removal of the property and do not unreasonably delay the city’s removal of
the property.
(i)Any personal property that is removed shall be stored by the City for at least 60 days
prior to being disposed.
(ii)Notice of where personal property removed from the encampment may be claimed
shall be posted at the location.
(iii)If the name and contact information for the owner of a particular item of personal
property can reasonably be identified, the City shall attempt to contact the identified
owner and provide notice that the item has been removed and how to claim the item.
Moses Lake Council Packet 5-23-23, Page 117 of 130
Chapter 9.18 Code, Camping Page 9 of 12
The Moses Lake Municipal Code is current through Ordinance 3016, passed November 22, 2022.
(iv)Any contraband located at the area shall be seized and properly disposed or retained
as evidence of criminal activity.
(v)Any litter or solid waste found at the area shall be properly disposed.
(vi) The city will attempt to determine the owner of any property of obvious value (e.g.,
items needed for survival such as blankets and clothing, legal documents, personal
papers, government identification, labeled medications), will arrange for storage of the
property, and will attempt to provide notice to the owner of the property as to how they
may claim the property.
(vii) The city will not store property that it has reasonable grounds to believe is stolen or
illegal to own or possess, nor shall the city be required to store property that is hazardous
to health or safety, perishable, or of no apparent value.
C. Any individual who receives a notice under this section, or whose property is removed from an area
pursuant to this section, has a right to meet with the city manager or designee to raise any concerns,
objections, or extenuating circumstances. At the conclusion of the meeting, a city representative present
for the meeting shall prepare a written decision detailing the individual’s concerns, as well as the city’s
response. Notice and procedure to set up a meeting shall be posted at or near the encampment site. If an
individual requests a meeting prior to removal of property, the removal of the individual’s property shall
be stayed pending resolution of the meeting; provided, that removal may still occur if the personal
property, camping paraphernalia, camp facilities, or other property, contraband, litter, and solid waste
constitutes an immediate threat to the public health, safety, or welfare.
9.18.060100 Penalty for Violations:
Any person violating any of the provisions of this chapter shall be deemed to have committed a civil
infraction and shall be subject to the following penalties as set forth in Chapter 1.08:
First violation within a twelve (12)
month period
C-21
penalty
Second and subsequent violation
within a twelve (12) month period
C-18
penalty
Moses Lake Council Packet 5-23-23, Page 118 of 130
Chapter 9.18 Code, Camping Page 10 of 12
The Moses Lake Municipal Code is current through Ordinance 3016, passed November 22, 2022.
Each and every day, or portion thereof, that the violation continues shall constitute a separate violation.
9.18.070 Permit:
A. The City Manager, or his/her designee, is authorized to permit persons to camp, occupy camp
facilities, use camp paraphernalia, or store personal property in parks, streets, or any publicly owned
parking lot or publicly owned area, improved or unimproved, in the City of Moses Lake.
B. Upon receipt of an application for any permit under this chapter, the City Manager, or his/her
designee, shall send a copy of the application to the City departments of police, parks, public works,
community development, and fire. Each of these departments shall inspect the application and each such
department shall report to the City Manager, or his/her designee, within ten (10) working days after the
filing of the application. Such reports shall mention any problems which the proposed activity is expected
to pose for the public. It shall make any necessary recommendations for protecting the public peace,
health, safety, life, property, and welfare in the event a permit is, or was, issued.
C. The City Manager, or his/her designee, is authorized to promulgate other rules and regulations
regarding the implementation and enforcement of this chapter.
D. The City Manager, or his/her designee, may approve a permit as provided under this section when,
from a consideration of the application, reports from other City departments, and from such other
information as may otherwise be obtained, he or she finds that:
1. Adequate sanitary facilities are provided and accessible at or near the proposed camp site;
2. Adequate trash receptacles and trash collection are provided; and
3. The camping activity will not unreasonably disturb or interfere with the safety, peace, comfort
and repose of private property owners.
E. No permit shall be issued for a period of time in excess of fourteen (14) calendar days in any one (1)
calendar year.
F. The City Manager, or his/her designee, is authorized to revoke a permit that has been issued if he or
she finds lack of compliance with any requirement of subsection D of this section, or of any rule or
regulation promulgated under subsection C of this section, or of any ordinance or statute.
G. Any person who is denied a permit, or had his/her permit revoked, may appeal the denial/revocation
to a hearings examiner appointed by the City Manager, or his/her designee. Notice of appeal must be in
writing, and filed with the City Clerk within seven (7) working days from the date of the denial. (Ord.
2921, 4/9/19)
Moses Lake Council Packet 5-23-23, Page 119 of 130
Chapter 9.18 Code, Camping Page 11 of 12
The Moses Lake Municipal Code is current through Ordinance 3016, passed November 22, 2022.
9.18.110 Enforcement suspended.
(1)Except as otherwise provided in this section, enforcement of this chapter shall be suspended any time
there is no space or beds available in regional homeless shelters that accept patrons from the City, or there
are no emergency shelter vouchers available, to the extent such available space or beds are required by
law. The space is considered available even if the individual could not use the space due to voluntary
actions such as intoxication, drug use, or unruly behavior. If an individual or family cannot use an
available space because of the individual’s or family member’s sex, familial or marital status, religious
beliefs, disability, or length-of-stay restrictions, the space is not considered available. In such
circumstances, all provisions of this chapter shall continue to apply to camping, storage of personal
property, including camp facilities and camp paraphernalia, and unauthorized encampments at the
following:
(a)The real property containing City Hall; Municipal Services Facilities, Moses Lake Police
Station, all Fire Stations, Water and Waste Water Treatment Plants, all City Parks, Community
Center, _______;
(b)Park facilities, including but not limited to all buildings, structures, equipment, signs, shelters,
swimming pools, water recreation facilities, playgrounds, bathrooms, courts or designated sports
fields available for reservation, or any other fixture or improvement and the real property within
30 feet of such facilities. Unless constructed as a part of such park facility, natural vegetation
shall not be considered a "park facility" for purposes of this section;
(c)Public rights-of-way and City-owned real property within 30 feet of such rights-of-way;
(d) Critical areas and water supply properties that are owned or used (e.g., 100 foot wellhead
protection area) by the city for the purposes of producing, pumping, storing, treating, and
protecting domestic drinking water sources; and
(e)Publicly owned storm water drainage facilities.
(2)Enforcement of the civil provisions of this chapter may also be temporarily suspended by law
enforcement or the city manager or designee for the purpose of allowing an individual actively engaged in
the process of exiting homelessness to continue working towards exiting homelessness; provided, that
such suspension shall not authorize any individual to be located at any of the locations identified in
MLMC 9.18.040. Such suspension may only occur during the period while an individual is actively
engaged in the process of exiting homelessness. Nothing in this section shall guarantee or create rights to
have enforcement of this chapter waived or suspended for any individual found to be violating the terms
of this chapter. Nothing in this section shall preclude the city from requiring an individual to move from
any location identified in subsection (A) of this section to other available public property. This section
shall not preclude enforcement of this chapter against a person actively engaged in exiting homelessness
Moses Lake Council Packet 5-23-23, Page 120 of 130
Chapter 9.18 Code, Camping Page 12 of 12
The Moses Lake Municipal Code is current through Ordinance 3016, passed November 22, 2022.
where the violation results in a significant risk of harm to any person or impedes pedestrian or vehicular
traffic, or where the person violates any other federal, state, or local law. Failure to work toward exiting
homelessness and/or failure to follow other park and City regulations will result in immediate
enforcement of this Chapter. The city manager or their designee may adopt such rules and procedures
necessary to identify individuals actively engaged in exiting homelessness and to notify the Moses Lake
police department of such individuals.
(3) If the officer determines adequate shelter space to be available, the officer may, within his or her
discretion, issue an appropriate citation and/or:
1. Provide directions to the shelter location.
2. Offer one-time transport to the shelter location.
(4)Nothing in this chapter shall preclude enforcement of any other federal, state, or local laws.
OR
9.40.070 Enforcement suspended. Except as otherwise provided in this section, enforcement of
provisions of this chapter shall be suspended for persons who are indigent and homeless any time there is
no space or beds available in reasonably accessible homeless shelters, to the extent such available space is
required by law.
9.18.080120 Public Duty Created:
A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of
the general public and not to create or otherwise establish or designate any particular class or group of
persons or individual who will or should be especially protected or benefited by the terms of this chapter.
B. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any
liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting
from any action or inaction on the part of the City related in any manner to the enforcement of this
chapter by its officers, employees, or agents.
9.18.130 Severability.
If any portion of this chapter, or its application to any person or circumstances, is held invalid, the validity
of the chapter as a whole, or any other portion thereof, or the application of the provision to other persons
or circumstances is not affected.
Commented [KK1]: If this provision is selected then we need to identify critical public areas from the enforcement suspension
Moses Lake Council Packet 5-23-23, Page 121 of 130
ORDINANCE 3027
AN ORDINANCE AMENDING CHAPTER 10.36 OF THE MOSES LAKE MUNICIPAL CODE TITLED “JUNK VEHICLES”.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. Moses Lake Municipal Code Chapter 10.36 titled “Junk Vehicles” is amended as follows:
Chapter 10.36
IMPOUND OF ABANDONED, UNAUTHORIZED, AND JUNK VEHICLES
Sections:
10.36.010 Authority and Purpose.
10.36.020 Summary Removal Procedures.
10.36.030 Nuisance Abatement Procedures.
10.36.040 Additional impound situations.
10.36.050 Form for authorization of impound.
10.36.060 Administrative hearing officer and appeal.
10.36.070 Nonexclusive remedy.
10.36.010 Authority and Purpose:
A.RCW Chapter 46.55 and RCW 46.55.240, as now enacted or hereafter amended,
provide the authority for the city to adopt laws relating to the removal of junk vehicles, parts
thereof and automobile hulk. It is the intent of the city that the greatest possible powers be
granted to the city Code Enforcement Officer and/or its Police Department to facilitate the
removal of junk vehicles from private property within the city.
B.The keeping of junk vehicles or parts thereof or automobile hulks on public or private
property within the corporate limits of the city is declared to be a public nuisance, except as
provided for herein. Such public nuisance may be abated as provided in Chapter 8.14.
10.36.020 Summary Removal Procedures:
Moses Lake Council Packet 5-23-23, Page 122 of 130
A. Upon discovery of a junk vehicle, parts thereof, or automobile hulk as defined in
RCW Chapter 46.55, as now enacted or hereafter amended, the Building Official or the Police
Department may contact the landowner, as defined in RCW 46.55, as now enacted or hereafter
amended, where the junk vehicle, parts thereof, or automobile hulk is located, and determine if
the landowner claims any ownership interest in or bailment responsibility for the junk vehicle,
parts thereof, or automobile hulk. If the landowner claims no ownership or bailment interest, the
Building Official or Police Department shall have the landowner execute a statement to that
effect under penalty of perjury.
B. If the landowner claims an ownership interest or bailment responsibility for the junk
vehicle, parts thereof, or automobile hulk located upon his property, the Building Official or the
Police Department may proceed to deal with the junk vehicle, parts thereof, or automobile hulk
as provided in Section 10.36.030 below.
C. Upon execution by the landowner of the statement of no ownership or bailment
interest in the junk vehicle, parts thereof, or automobile hulk, the Building Official or Police
Department shall cause a notification (junk vehicle) form to be mailed to the vehicle’s registered
legal owner of record by certified mail. Additionally, the notification shall inform the owner of
the city’s intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the junk
vehicle, parts thereof, or automobile hulk remains unclaimed more than fifteen (15) days after
the junk vehicle notification form was mailed, the Building Official or Police Department may
have the junk vehicle, parts thereof, or automobile hulk removed with notice to the Washington
State Patrol and the Department of Licensing that the junk vehicle has been wrecked.
D. If no information on the owner of the junk vehicle, parts thereof, or automobile hulk
is available after the landowner has executed the statement of no ownership or bailment interest,
the Building Official or Police Department may place a legal notice of custody and sale in the
official newspaper of the city. This notice shall comply with RCW 46.55.230(5), as now enacted
or hereafter amended, and shall additionally inform the owner of the city’s intent to dispose of
the junk vehicle, parts thereof, or automobile hulk. If the junk vehicle, parts thereof, or
automobile hulk remains unclaimed more than twenty (20) days after publication of the notice,
the Building Official or Police Department may have the junk vehicle, parts thereof, or
automobile hulk removed with notice to the Washington State Patrol and Department of
Licensing that the junk vehicle has been wrecked.
10.36.030 Nuisance Abatement Procedures:
A. If a land owner claims an ownership interest or bailment responsibility for a junk
vehicle, parts thereof or automobile hulk, located on his property, upon contact by the Code
Enforcement Officer or Police Department as provided in subsection 10.36.020(B) above, the
matter shall be referred to the Building Official for possible further action.
B. The Code Enforcement Officer or Police Department may inform any land owner
keeping a junk vehicle, parts thereof, or automobile hulk within the city, in any zone, that such
Moses Lake Council Packet 5-23-23, Page 123 of 130
vehicle is a public nuisance and said nuisance must be abated by the land owner within fifteen
(15) days or the city will proceed to abate the nuisance by removal of the junk vehicle, parts
thereof, or automobile hulk from the land owner’s property and the costs of such removal
including administration costs shall be charged against the land owner and/or the last registered
owner of the automobile hulk, junk vehicle, or parts thereof, unless the owner, in the transfer of
ownership of the vehicle or automobile hulk, has complied with RCW 46.12.101.
The Code Enforcement Officer shall issue a Notice of Violation and Order to Correct as provided
in Chapter 1.20 and in compliance with the provisions of this chapter. This notice shall be
delivered to the last registered owner of the junk vehicle, parts thereof, or automobile hulk and to
the property owner of record by certified mail, with a five (5) day return receipt requested. Such
notice shall also inform the registered owner and the land owner of the right to request a hearing
to contest the city’s proposed removal of the junk vehicle, parts thereof, or automobile hulk.
C. Such notice shall be in substantially the form provide for in Chapter 1.20 and shall
include the following additional or differing language:
All of you are informed such junk vehicle(s), parts thereof, or automobile hulk(s) is a public
nuisance and unless such nuisance is abated as provided by Moses Lake Municipal Code Chapter
10.36, the City of Moses Lake will proceed to abate such public nuisance by removal of the
listed junk vehicle(s), parts thereof, or automobile hulk(s) fifteen (15) days after the date of this
notice. Cost of such removal, including administrative costs, will be charged against the
registered owner, unless the owner can demonstrate compliance with RCW 46.12.101 at the time
of transfer of ownership, and/or against the land owner.
You may request a hearing before the judge of the Municipal Department of the District Court to
contest the city’s determination that your junk vehicle(s), parts thereof, or automobile hulk(s) is a
public nuisance and the abatement thereof, or that you are legally responsible for the junk
vehicle(s), parts thereof, or automobile hulk(s) described above. To request this hearing, one of
you must notify the Police Chief of the City of Moses Lake in writing at the address below,
within ten (10) days of the date of this notice. If you do not request a hearing, the junk vehicle(s),
parts thereof, or automobile hulk(s) will be removed by the City of Moses Lake and the costs
thereof, including administrative costs, shall be assessed against all or any one of you.
Police Chief
City of Moses Lake
P.O. Box 1579
Moses Lake, WA 98837
D. If either the last known registered owner of the junk vehicle, parts thereof, or
automobile hulk or the land owner requests a hearing to contest the city’s determination that the
junk vehicle, parts thereof, or automobile hulk constitutes a public nuisance and the abatement
thereof, or that either or both the registered owner and land owner is legally responsible for the
junk vehicle, parts thereof, or automobile hulk, such hearing shall be conducted after a written
notice of the date, time, and place of such hearing is mailed, by certified mail, with a five (5) day
Moses Lake Council Packet 5-23-23, Page 124 of 130
return receipt requested, to the owner of the land as shown on the last equalized assessment roll
and to the last registered and legal owner of record unless the vehicle is in such condition that
identification numbers are not available to determine ownership. Such hearing shall be held
within thirty (30) days of receipt of a written request for a hearing. No action shall be taken to
remove the junk vehicle, parts thereof, or automobile hulk during the pendency of a hearing
except pursuant to a court order. The land owner may appear in person at said hearing or present
a written statement in time for consideration at said hearing, and deny responsibility for the
presence of the vehicle on the land, with his reasons for the denial.
E. After the expiration of the fifteen (15) days provided for in the notice to the registered
owner and land owner above, if no hearing has been requested, or after a hearing, if requested,
the Building Official may proceed to have the junk vehicle, parts thereof, or automobile hulk
removed and the costs of such removal including administrative costs shall be taxed against the
registered owner and/or land owner jointly and severally.
F. The provisions of this chapter shall not apply under the following conditions:
1. If a vehicle or part thereof is completely enclosed within a building in a lawful
manner where it is not visible from the street or other public or private property,
or;
2. If a vehicle or part thereof is stored or parked in a lawful manner on private
property in connection with the business of a licensed dismantler or licensed
vehicle dealer and is fenced according to RCW 46.80.130.
10.36.040 Additional impound situations.
(1) In addition to any other provision of law or ordinance authorizing impound of vehicles, a law
enforcement officer may provide for the prompt removal of a vehicle to a place of safety,
including authorizing its summary impoundment, in any of the following situations that may
arise locally upon the public right-of-way or other publicly owned or controlled property:
(a) The vehicle is stopped, standing, or parked in violation of MLMC 8.52.040,
12.36.040(B)(5, 9), 10.12.020, 10.12.025, 10.12.035, 10.12.037, 10.12.038, 10.12.040,
10.12.045, 10.12.050, 10.12.060, 10.12.070, 10.14.050, 10.16.010, 10.16.015, and
10.16.020.
(b) The vehicle is parked in a public parking lot or facility posted in accordance with
RCW 46.55.070 exceeding the period posted;
(c) The vehicle is parked in a public parking lot or facility other than one posted in
accordance with RCW 46.55.070 exceeding 24 consecutive hours;
Moses Lake Council Packet 5-23-23, Page 125 of 130
(d) The vehicle is stopped, standing, or parked in a public right-of-way at a location posted
“no parking” pursuant to MLMC 10.12.030; or
(e) The vehicle is parked in violation of any city ordinance, and has been issued three or
more notices for traffic infractions under MLMC Title 10, none of which have been
responded to in accordance with MLMC 10.12.090 and remain in default.
(2) Vehicles impounded pursuant to this section shall be subject to the same redemption rights
and hearing procedures of RCW 46.55.120; provided, that any hearing specified in
RCW 46.55.120(2) shall be conducted by an administrative hearing officer instead of the Moses
Lake Municipal Department of the Grant County District Court as authorized by MLMC 10.36.
060.
(3) If the vehicle is impounded and stored at a publicly owned or controlled property, as
described in subsection (4)(c) of this section, then the city, and not the tow truck operator, must
provide any written notices required by RCW 46.55.110(1) and (3), and 46.55.120(2), and
maintain any records stated therein.
(4) For purposes of this section, “a place of safety” means:
(a) The business location of a registered tow truck operator;
(b) A lawful parking location; or
(c) A publicly owned or controlled property that is an area completely enclosed by a fence
that is at least six feet high, and constructed to prevent access by the general public, with a
gate that can be locked, or storage within an enclosed building.
10.36.050 Form for authorization of impound.
Whenever a law enforcement officer impounds a vehicle pursuant to the provisions of this
chapter, the officer shall complete an authorization form approved by the chief of police for the
Moses Lake police department, which specifies the section of this chapter or
Chapter 46.55 RCW authorizing the impound. The impound authorization form may include a
law enforcement notice of infraction or citation for an offense for which an impound is
authorized.
10.36.060 Administrative hearing officer and appeal.
Moses Lake Council Packet 5-23-23, Page 126 of 130
All hearings called for under the provisions of this chapter or RCW 46.55.120(2) shall be
conducted by an administrative hearing officer. The chief of police for the Moses Lake police
department, or their designee, shall be the administrative hearing officer. The final decision made
by the administrative hearing officer shall be appealable to the Moses Lake Municipal
Department of the Grant County District Court. If a notice of appeal is not filed with the Grant
County District Court within 30 days of the date of the final decision of the hearing officer, the
right to appeal is waived.
10.36.070 Nonexclusive remedy.
The remedies set forth in this chapter are not exclusive and the city may use whatever manner,
method or means is available to it, at law or in equity, to enforce its code.
Section 2. Effective Date. 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 of the City of Moses Lake, WA and signed by its Mayor on May 23, 2023.
_____________________________________ Don Myers, Mayor
ATTEST:
_______________________________________ Debbie Burke, City Clerk
APPROVED AS TO FORM:
_______________________________________
Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug
Vote:
Date Published: May __, 2023
Date Effective: May __, 2023
Moses Lake Council Packet 5-23-23, Page 127 of 130
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Allison Williams, City Manager 10931
Kevin Fuhr Police
6/13/2023 New Business
Additional Police Officers
City Manager Finance Fire
City Attorney Community Development Police
Human Resources Municipal Services Parks, Rec, & Cultural Services
1,000,000.00$0.00$0.00$
Approve the addition of six patrol officers.
Additional Police Officers Budget Breakdown.pdf 29.73KB
Moses Lake Council Packet 5-23-23, Page 128 of 130
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The police department employees four patrol sergeants and twenty patrol officers, which make up four patrol
crews of six. With training time, vacation and sick leave, we average between four and five officers working
each shift. The department has a four officer minimum staffing requirement, which necessitates calling officers
in on overtime whenever we have less than four officers working on a shift.
Due to our call volume, an average of 55 calls per 24 hour time period, officers do not have the time for
proactive activity including using bicycles in the downtown corridor or in neighborhoods. Last year the council
approved two "traffic officer" positions so that we could be more proactive in our traffic education and
enforcement, while also assigning all traffic collisions to the traffic officers alleviating calls from patrol staff.
If we were able to hire six additional officers and assign two additional officers per crew, we could increase our
minimum staffing requirement having more patrol officers in the city. The additional officers would be of great
benefit during a time when the city is expanding out to the Mae Valley, Cascade Valley, and the industrial areas
west and north of the city. With our current staffing levels and only having four officers working, when officers
handle calls on one end of the city and then receive a call on the other end, citizens wait extended periods of
time just for an officer to respond and arrive.
Additionally, with added patrol officers, we would assign two officers per crew as "bicycle officers" allowing them
to patrol the downtown corridor and neighborhoods on bicycles during non-busy hours. Having bicycle officers
in the downtown corridor allows for more one on one contacts between officers, business owners, and citizens
while also giving officers the ability to keep an eye on homeless issues in the downtown corridor and quickly
responding to problems created by our homeless population in that area. It also allows proactive enforcement in
neighborhoods with officers on bicycle being able to see and hear more of what is going on.
We would also keep the "traffic officer" positions on each of the crews having those traffic officers respond to
and investigate all collisions, and conduct traffic enforcement and education on each of the four crews.
As an additional benefit, we currently have a difficult time hiring lateral police officers. When speaking with
potential lateral candidates the main reason they give for not coming to MLPD is that our call volume to to
heavy. Officers from Ephrata, Quincy, Othello, and smaller agencies have said that making a little more money
isn't worth having to respond to more than a 1000 calls each year. Having two additional officers per crew would
reduce the number of calls each officer would be responsible for and might make our agency more attractive to
lateral candidates.
Recommendations for future consideration would be to increase the currently half-time Code Enforcement
Officer in Community Development to full-time, and the establishment of a clean up response team with staffing
from code enforcement, police, solid waste, the CARES Coordinator, and the Housing/Grants Coordinator.
Invitations to join the clean up response team will be extended to the Grant County Sheriff's Office and Grant
County Solid Waste.
Hiring six additional officers, including equipment and vehicles has a price tag of nearly $1,000,000 per year.
With increased sales tax revenue, the 3/10th criminal justice sales tax increases would offset some of these
expenditures.
Options and Results
Approve the addition of six patrol officers.
Staff will bring back options for recommended changes.
Do not approve additional patrol officers.
Moses Lake Council Packet 5-23-23, Page 129 of 130
MOSES LAKE POLICE DEPARTMENT
CRIMINAL JUSTICE .3% SALES TAX
EXPENDITURES AND REVENUES
2024
Proposed Budget
Staff
6 Police Officers
Salaries $441,168.00
Benefits $176,467.00
Overtime $33,000.00
Total Staff $650,635.00
The .3% Criminal Justice funds could help support six Police Officers, including, salaries, overtime and
benefits.
Training-Equipment
Training-Academy $25,000.00
Patrol Cars-3 Additional $270,000.00
Equipment-Weapons, uniforms, technology $48,000.00
Total Training-Equipment $343,000.00
The .3% Criminal Justice funds could help fund uniform expenses, training, three patrol vehicles,
technology costs, and weapons.
Total Projected Expenditures $993,635.00
Moses Lake Council Packet 5-23-23, Page 130 of 130