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FINAL 2022 0823 Council Agenda PacketMoses Lake City Council Dean Hankins, Mayor | Don Myers, Deputy Mayor | Deanna Martinez, Council Member | Dustin Swartz, Council Member Mark Fancher, Council Member | David Eck, Council Member| Judy Madewell, Council Member Tuesday, August 23, 2022 Moses Lake Civic Center – 401 S. Balsam or remote access* Study Session 6 p.m. – Grant County Trends in 2022 – Patrick Jones, EWU and Brant Mayo GCEDC Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Citizen’s Communications** Presentations -LTAC Recipient Presentations pg xx - Advisory Council on Housing – David Curnel, Chair Summary Reports: Mayor’s Report -Childhood Cancer Month Proclamation -Taishin Update – Resolution 3913 Additional Business City Manager’s Report -New Hire Introduction -Hotelier Memo -Grant Application - Schedule Budget Retreat on a Saturday in October Moses Lake Council Packet 8-23-22, Page 1 of 108 August 23, 2022, City Council Meeting Page 2 _________________ Closed Hearing #1 Pure Country Harvest Non-Conforming Use Motion Presented by Kirsten Sackett, Community Development Director Summary: Council to review and consider adoption 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 xx a.City Council Meeting Minutes Dated August 9, 2022 b.Claims and Payroll c.Perteet Municipal Services Director Amendment d.Sabedra Deferral Request Covenant e.Accept Lauzier Infield Project f. Police Services Extra Duty Contract Old Business - None scheduled Executive Session - Potential Litigation pursuant to RCW 42.30.110(1)(i) New Business #3 pg xx Favored Farmhouse Variance Request Motion Presented by Richard Law, City Engineer Summary: Council to review and consider approval #4 pg xx 1116 W Abbey Rd Weed Abatement Resolution 3911 Motion Presented by Kirsten Sackett, Community Development Director Summary: Council to review and consider adoption #5 pg xx Maple Landing Release of Easement Motion Presented by Kirsten Sackett, Community Development Director Summary: Council to review and consider approval #6 pg xx Pure Country Harvest Build on Unplatted Resolution 3912 Motion Presented by Kirsten Sackett, Community Development Director Summary: Council to review and consider approval Moses Lake Council Packet 8-23-22, Page 2 of 108 August 23, 2022, City Council Meeting Page 3 _________________ Administrative Reports pg xx - AWC Worker’s Comp Annual Report -Nelson Path Bid Results Council Committee Reports Adjournment Next Regular Council Meeting is scheduled for September 13, 2022 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. *Please click the link below to join remote access: https://cityofml.zoom.us/j/83652426280 Or iPhone one-tap: US: +12532158782,,83652426280# or +13462487799,,83652426280# Or Telephone: Dial(for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 83652426280. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ ** Remote Citizen Comment or Public Hearings Remote speaker request forms must be completed by 3 p.m. on the day of the meeting. Moses Lake Council Packet 8-23-22, Page 3 of 108 ADVISORY COUNCIL ON HOUSING CITY OF MOSES LAKE Bi-Monthly Report AUGUST 2022 PRESENTED TO MOSES LAKE CITY COUNCIL BY: David Curnel Chair Moses Lake Council Packet 8-23-22, Page 4 of 108 ADVISORY COUNCIL ON HOUSING MEETING HIGHLIGHTS INTRODUCTION The Moses Lake Advisory Council on Housing has continued to meet and discuss addressing the housing needs of the community through the implementation of the adopted Housing Action Plan. This council has enjoyed diving deeper into the complexity of addressing housing through a development and zoning code update as well as considering ways to foster collaboration between organizations who provide housing. The Advisory Council has continued to meet for one hour on a bi-weekly basis to work towards the deliverables identified in the council's guidelines. The main topic discussed has been affordable housing, identifying opportunities and constraints to development, and how the City may be able to encourage further affordable housing development. AFFORABLE HOUSING INCENTIVES INCOME-RESTRICTED HOUSING The City could use an RFP process with guidelines to outline a housing project requirements and ask for non‐profit or for‐profit to come back with recommendations or a proposed project. If infrastructure needed, a non‐ profit could team up with for‐profit to work together for market rate and income restricted housing. This would incentivize collaboration while addressing community needs. They would need to be creative when developing a cooperative agreement, with a certain amount of market rate housing to recoup costs. Density bonuses could be used for public incentives, such as parks or affordable housing. Public-private partnerships with Housing Authority of Grant County, Habitat for Humanity, or other non-profits and for-profit developers could be a way to facilitate affordable housing development. Feasible projects that are income restricted to households making below 80% AMI are limited. It may be most realistic to target efforts for low and moderate-income households, as well as developing market rate units. More recent demographic data could help increase community buy-in for the development of affordable housing projects. The City should look into alternative solutions such as surplus land analysis, discuss workforce housing with large employers, and grant opportunities. Moses Lake Council Packet 8-23-22, Page 5 of 108 DELIVERABLE 03 Members will provide recommendations on how the City may encourage affordable housing after identifying constraints to affordable housing development. Long-term commitment Profitability Underutilized lots Public-private partnerships Workforce housing Mixed-income projects Incentives Surplus land analysis Rehabilitation projects Community concerned about City's ability to finance projects Having affordable and market-rate units can help recoup costs for projects The City can better utilize available resources CONSTRAINT SOLUTION SUMMARY Funding Grants Public-private partnerships Work with other organizations to procure funding and develop projects ADVISORY COUNCIL ON HOUSING People at all income levels need affordable housing. Incentives should help the most people, focusing on low to moderate income would provide market mobility for households and be a more realistic goal. Moses Lake Council Packet 8-23-22, Page 6 of 108 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 1 Kirsten Sackett, Director Community Development 8/23/2022 Closed Hearing Pure Country Harvest Non-Conforming Use Expansion City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Consider motion to approve the Hearing Examiner Recommended Findings of Fact, Recommended Conclusions of Law, Recommendation Conditions of Approval and Recommended Decision for the Pure Country Harvest Non-Conforming Use Expansion (PLN2022-0042) allowing the specific addition and remodel identified within the recommendation on property located at 2721 W Peninsula Dr, Moses Lake, Washington, 98837 and identified as Assessor’s Parcel No. 090304000. Exhibit A - PLN2022-0042 Application Narrative and Map (3).pdf 998.44KB Exhibit B 4 - LW PC Min for 01_10_19.pdf 70.26KB Exhibit B 3 - Pure Country - Staff_att.pdf 1.32MB Exhibit B 2 - CC Min 2019 02 11.pdf 231.79KB Exhibit B 1 - 05-00 Pure Country Addition AB.pdf 222.56KB Exhibit C - PLN2022-0042 Pure Country Harvest Final Recommended Decision 8 1 22.pdf 5.61MB The City of Moses Lake Community Development Department received an application for a Non- Conforming Use Expansion. The applicant requests an expansion to an existing non-conforming use pursuant to City of Moses Lake Municipal Code (MLMC) 18.69.050 Remodeling a Nonconforming Use. The proposed remodel includes: a) 1,400 square foot (new) addition on to the front of the building, b) 9,903 square foot (new) remodel / addition on to the existing building, c) Remodel the existing building, d)New 4,400 square foot freezer/loading area and box storage, and e) New 7,200 square foot Cover with 2 sides over Animal Holding Corals (to better protect livestock and provide an insulated wall between Pure Country and the neighbors from livestock noise). Moses Lake Council Packet 8-23-22, Page 7 of 108 Fiscal and Policy Implications Approve, Authorize, or Adopt: The originating warehouse was constructed in 1945, and has been expanded and altered over time to today’s use and configuration. The property is located at 2721 W Peninsula Dr, Moses Lake, Washington, 98837 and identified as Assessor’s Parcel No. 090304000. The request requires a recommendation from the Hearing Examiner to City Council regarding issuance of a permit for the replacement, rebuilding, or addition to an existing non-conforming building or structure for the City Council to approve. Pursuant to MLMC 18.69.050 Remodeling a Nonconforming Use: Recognizing that there are nonconforming buildings or structures which are now existing which should be upgraded or improved by replacement, rebuilding, or addition thereto, the City Council may, after a public hearing before the Hearing Examiner, issue a permit for the replacement, rebuilding, or addition to an existing non-conforming building or structure. As a condition to the issuance of the permit the City Council shall require plans and specifications of the proposed replacement, rebuilding, or addition be filed and that a bond in an amount to be set by the City Council be posted to assure compliance with the plans and specifications so filed. No permit shall be issued unless the City Council finds that the proposed replacement, rebuilding, or addition will be compatible with the lot or tract of land involved and, further, that it will not be detrimental to the health, safety, or welfare of the surrounding area. Pure Country Harvest is a legally established nonconforming use as determined by the City Council. The continuation of a nonconforming use has been presented to the City of Moses Lake Council and Planning Commission at various meetings over time as represented in the following attachments: ·City Council Staff Report to Council dated February 7, 2019 ·City Council Minutes dated February 11, 2019 ·Planning Commission Staff Report dated December 31, 2018 ·Planning Commission Minutes dated January 10, 2018 On July 29, 2022, a public hearing was held before the Hearings Examiner to consider the associated applications in accordance with Moses Lake Municipal Code (MLMC) 18.69.050 for recommending an action to the City Council to approve, conditionally approve, or deny the permit. On August 1, 2022, the Hearing Examiner issued a recommendation of approval to the City Council for the request that is being considered tonight. The Hearing Examiner was not asked to rule on the continuation of a nonconforming use, but the replacement, rebuilding, or addition to an existing non-conforming building or structure Pursuant to MLMC 18.69.050 Remodeling a Nonconforming Use, after a public hearing before the Hearing Examiner, the City Council may issue a permit for the replacement, rebuilding, or addition to an existing non-conforming building or structure As stated in the code, “No permit shall be issued unless the City Council finds that the proposed replacement, rebuilding, or addition will be compatible with the lot or tract of land involved and, further, that it will not be detrimental to the health, safety, or welfare of the surrounding area.” After an analysis of the code and review of past approvals issued by the City, it was determined that the Pure Country Harvest Non-Conforming Use Expansion will be compatible with the lot or tract of land involved The Hearing Examiner’s August 1 Recommended Findings of Fact, Recommended Conclusions of Law, Recommended Conditions of Approval and Recommended Decision is included as Exhibit C. The documents outline the facts of the case and further describes the basis for a decision to recommend approval of the proposal. The Recommended Conditions of Approval are found on page 8 of the document. none Options and Results Pure Country Harvest can proceed through permitting process. Moses Lake Council Packet 8-23-22, Page 8 of 108 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. The proposal will not proceed. Moses Lake Council Packet 8-23-22, Page 9 of 108 Moses Lake Council Packet 8-23-22, Page 10 of 108 Moses Lake Council Packet 8-23-22, Page 11 of 108 Moses Lake Council Packet 8-23-22, Page 12 of 108 Moses Lake Council Packet 8-23-22, Page 13 of 108 Moses Lake Council Packet 8-23-22, Page 14 of 108 Page 1 of 2 CITY OF MOSES LAKE STAFF REPORT To: John Williams, City Manager From: Gilbert Alvarado, Deputy City Manager Date: February 7, 2019 Proceeding Type: New Business Subject: Non-Conforming Use Legislative History: •First Presentation: February 11, 2019 •Second presentation: •Action: Motion Staff Report Summary Pure Country Harvest, LLC, (formerly known as Vern’s Meats) has requested a building permit to add to the refrigerated area of the existing building. Pure Country Harvest currently operates under a Non-Conforming Use permit granted to them by the City of Moses Lake. The Non- Conforming Use permit allows them to operate and maintain a meat packing and slaughter business within a Residential Zone Background Vern’s Meats was operational prior to the annexation of the area in 1951. Vern’s Meats was considered a non-conforming use in 1961 and given 20 years to discontinue the use. At the end of the 20-year sunset period, Ordinance #1017 was adopted by the City Council which amended MLMC Chapter 18.69 Non-Conforming Uses to allow non-conforming uses to continue subject to the conditions of the Planning Commission, a biennial review and/or upon change of ownership. In 2015, ownership changed to Pure Country and has been under review and compliant per MLMC 18.69. In December 2018, owner’s and agent for Pure Country Harvest, LLC requested to add on to their existing facility. They have asked to add 400 SF to their existing loading dock area for a small Moses Lake Council Packet 8-23-22, Page 15 of 108 Page 2 of 2 cooler unit and for an additional 2,500 SF to expand the southern portion of the building for cooler storage. Per MLMC 18.69.050, it is recognized that there are needs for upgrades, improvements, replacements or additions to non-conforming uses. The City Council may grant the request for staff to issue a permit for the upgrade, improvement, replacement or addition, after a public hearing before the Planning Commission. The Planning Commission held a public hearing on January 10, 2019. The public was not opposed to the use, but they did have noise concerns from the semi-truck refrigeration units and the noise that occurs during the slaughtering process. The owners noted that the new expansion would eliminate most of the semi-truck refrigeration unit noise, but the need for some type of sound barrier would be necessary for the slaughter noise. As a condition to the issuance of the permit, the City Council shall require plans and specifications of the proposed replacement, rebuilding, or addition be filed. The Council can require plans or measures be mitigate the noise concerns as part of the issuance of any building permit. Fiscal and Policy Implications Not applicable Options Option Results •Grant the issuance of building permit for a Non-Conforming Use. Applicant to continue business operations with an addition to increase efficiency. •Deny request.Applicant to continue operations as-is. •Take no action.Request does not move forward. Staff Recommendation The City Council shall consider the Planning Commission’s recommendation to issue a building permit per MLMC 18.69.050, as requested by the Applicant. Attachments A. Site Plan B. Building Plan Legal Review Not Required Moses Lake Council Packet 8-23-22, Page 16 of 108 Moses Lake Council Packet 8-23-22, Page 17 of 108 Moses Lake Council Packet 8-23-22, Page 18 of 108 Moses Lake Council Packet 8-23-22, Page 19 of 108 Date: December 31, 2018 TO: Planning Commission Subject: Pure Country Harvest - Review of Non-Conforming Use & Addition Pure Country Harvest is a non-conforming use in the R-3, Multi-Family Zone. The slaughterhouse and meat packing company is located at 2721 Peninsula Drive and is surrounded by residential development. Pure Country Harvest continues to operate as a legal non-conforming use today with the requirement of City conformity reviews. An agent for the company inquired to add an additional cooling unit to the building. Upon additional conversation, two portions of the building are to expand both to provide more refrigeration units to the facility. The expansion of a non-conforming use will include a 400 SF addition to the loading ramp area and an additional 2,500 SF cooler for storage in the rear of the building. Background Information: 1. Pure Country Harvest was formerly known as Vern's Moses Lake Meats. 2. Vern’s was operational prior to the annexation of the area in 1951. Vern’s Moses Lake Meats was considered a non-conforming use in 1961 and given 20 years to discontinue the use. At the end of the 20-year sunset period, Ordinance #1017 was adopted which amended MLMC Chapter 18.69 Non-Conforming Uses to allow non-conforming uses to continue subject to the conditions of the Planning Commission, a biennial review and/or upon change of ownership. 3. Vern's has been reviewed regularly by the Planning Commission since 1981 to 2015 and has been allowed to continue to operation uninterrupted subsequent to each review with conditions. In 2015, the ownership changed, and a review was completed with a continuance for two years. 4. In November of 2018 and again in December, an inspection of the site and of the proposal took place. There were no violations found. 5. The staff conducted a pre-application meeting with the applicant and discussed building, fire and planning concerns. 6. Application was submitted and agencies, as well as neighbors, were notified and no comments were received. 7. Previous conditions were: A. The driveway and parking area must be treated for dust control with an approved oil-based treatment as needed, but no less than once a year. Moses Lake Council Packet 8-23-22, Page 20 of 108 B.Landscaping and fencing shall be continually maintained. C. All structures shall be maintained according to Federal Food and Drug Administration regulations. D. The corral drains must be cleaned weekly when holding stalls are in use. E. Livestock will be allowed on the premises from 5 a.m. to 8 p.m. Keeping livestock overnight for an emergency will be allowed. No livestock will be kept over a weekend. Records are to be kept and submitted to the Community Development Director. F. Cattle trucks are not to be washed down on the site. G. Comply with their Industrial waste Discharge Permit Dated June 1, 2017. Attachments: Attachment 1: Vicinity Map Attachment 2: Site Plan Moses Lake Municipal Code (MLMC) Section 18.69.010 of Chapter 18.69, entitled Non-Conforming Uses, states, “The conditions prescribed by the Planning Commission for the continued use of a non-conforming use must bear a substantial relation to the alleviation of a hazard to the health, morals, safety, or general welfare of the entire affected community and in particular that of surrounding inhabitants . . . If, in fact, conditions are prescribed by the Planning Commission because of the continuation of the non- conforming use, the matter is to be reviewed by the Planning Commission no less frequently than two years and/or upon change of ownership.” Section 18.69.015.H states, “Any non-conforming use found to be required to be conditioned, will be allowed to continue as long as the person, firm, partnership, or corporation responsible for that non-conforming use agrees to abide by and be governed by the conditions imposed by the Planning Commission within the time limit set by the Planning Commission. The conditions imposed by the Planning Commission may be for a period of up to 24 months. The Planning Commission may require more frequent review of the conditions imposed on the use as it may direct at the initial public hearing or any subsequent review.” Section 18.69.050 recognizes that there are needs for upgrades, improvements, replacements or additions to non-conforming uses. The City Council may issue a permit for the upgrade, improvement, replacement or addition, after a public hearing before the Planning Commission. Moses Lake Council Packet 8-23-22, Page 21 of 108 Staff Recommendations: Staff recommends that the Commission allow the continuation of Pure Country Harvest as a non-conforming use, as previously conditioned noted above, and to make a recommendation to the City Council to approve the expansion of the building to add the 400 SF and 2,500 SF cooler units to the existing non-conforming use. Action: The Planning Commission should review the above conditions for continuance of Pure Country Harvest as a non-conforming use to determine if the conditions should be continued for two (2) years or for a more frequent review. Action: The Planning Commission should recommend to the City Council to issue a permit for the expansion of the building to add the 400 SF and 2,500 SF cooler units to the existing non-conforming use. Respectfully Submitted, Kris Robbins Associate Planner Community Development Department Moses Lake Council Packet 8-23-22, Page 22 of 108 LAKESIDEDRRUS S E L L A V E WAN A P U M D R YAKI M A A V E FLOR E N C E A V E PENINSULA DRWALL STWILLOW STLAKESIDE DRPENINSULA DRSARCHERST MICH A E L A V E MAR G A R E T S T TEXAS STINTERLAKER D PENINSULA DRCATA L P A S T WINO N A S T INTERSTATE 90 µNOTICE OFDEVELOPMENT APPLICATIONHEARING 1 in = 247 ft 2721 W Peninsula DrParcel 090304000 Document Path: \\gis-server\gis\Masters\Portal Map Products\Development Application.mxd LEGEND Proposed Project Area Public Notification Zone Adjacent Ownership City Limits Date: 12/12/2018 Moses Lake Council Packet 8-23-22, Page 23 of 108 Moses Lake Council Packet 8-23-22, Page 24 of 108 Page 1 Planning Commission Minutes January 10, 2018 MOSES LAKE PLANNING COMMISSIONJanuary 10, 2018 Commissioners Present: Chair Nathan Nofziger, Vice-Chair Charles Hepburn, Commissioners, Jason Avila, Roderick Davis, David Eck, Gary Mann, Don Schmig. And Todd Lengenfelder P - Present E = Excused A = Absent C = Canceled Name Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Avila P Davis P Eck P Hepburn P Lengenfelder P Mann P Nofziger P Penhallurick P Schmig P Staff Present: Associate Planner, Daniel Leavitt; Associate Planner, Kris Robins and Recording Secretary, Lori Witters. Chair Nofiziger called the meeting to order at 7:00 p.m. Recording Secretary, Lori Witters called the roll. All Commissioners were present. Election of 2019 Chair and Vice-Chair Action: Commissioner Eck moved to nominate Nathan Nofiziger for Chair. Seconded by Commissioner Mann, motion carried unanimously. Commissioner Eck moved to nominate Nathan Nofiziger for Chair. Seconded by Commissioner Mann, motion carried unanimously. Consent Agenda: A.Minutes for Special Meeting on December 10, 2018B.Minutes for Meeting on December 13, 2018C.North Point CUP Findings of Fact Action: Commissioner Eck moved to approve the consent agenda as presented. Seconded by Commissioner Avila, motion carried unanimously. Pure Country Harvest – Non-Conforming Use Review and Findings of Fact Pure Country Harvest is a legal non-conforming use located at 2721 Peninsula Drive and operates a slaughterhouse and meat packing company. Previously Vern’s Meats, the facility has been in operation since 1951. The Non-Conforming Use is subject to a compliance review by staff every two years. Moses Lake Council Packet 8-23-22, Page 25 of 108 Page 2 Planning Commission Minutes January 10, 2018 Prior to the biennial review a request was received by an authorized agent of Pure Country for expansion to the of the existing facility for a 2,500 square foot cooler, and 400 square foot loading ramp addition. Associate Planner Kris Robbins provided a staff report to address both the non- compliance review and the requested addition. MLMC18.69.050 provides in part that City Council may, after a public hearing before the Planning Commission, issue a permit for replacement, rebuilding or addition to an existing non-conforming building or structure. Presentation by Proponent: Owner Paul Klingeman of 2721 W. Peninsula explained the need and use of the proposed additions. Chair Nofziger opened the public hearing. Tammy Hieronymus of 2506 W. Lakeside Drive requested clarification on the loading zone. No loading will be conducted on the Winona Street side of the property. Abel Sabedra Sr. expressed concern over the current noise level and if the addition would create more. May Pugh 2837 W. Lakeside Drive requested clarification if trucks would be allowed to use the rear property as a turn-around. Nieves Hernandez of 727 Winona Street expressed concern over increase in noise and additionally, if the proponent would consider changes to the entrance sign for higher visibility. Owner Paul Klingeman thanked the residents for their comments as he was unaware of some of the noise issues and will seek measure to mitigate them. Commissioner Eck moved to close the Public Hearing. Seconded by Commissioner Davis. Motion carried unanimously. Action: Commissioner Penhallurick moved to approve the non-conforming use for an additional two years, with the requirement that measures for sound attenuation be initiated prior to the next regular review. Seconded by Commissioner Eck, motion carried unanimously. Action: Commissioner Hepburn moved to approve the addition and recommend to City Council for building permit, provided expansion meets all aspects of the Building Code. Seconded by Commissioner Avila, motion carried unanimously. Harbor Freight Tools Shoreline Substantial Development Permit and Shoreline Conditional Use Permit Harbor Freight Tools has requested a 5,000 square foot addition to the existing 10, 000 Moses Lake Council Packet 8-23-22, Page 26 of 108 Page 3 Planning Commission Minutes January 10, 2018 square foot building and create a 42-space parking lot. The property is located at 304 E. Broadway Avenue, previously Able Building Supply. The site is separated from the lake by a separate parcel, railroad tracks, and railroad right-of-way, but is within the 200-foot wide shoreline jurisdiction area. Chair Nofziger opened the Public Hearing. There were no public comments. Presentation by Proponent: Owner representative, John Walker of Kennewick Washington was available for any questions from the Planning Commission. There were no questions. Commissioner Eck moved to close the public hearing. Seconded by Commissioner Avila, motion carried unanimously. Action: Commissioner Mann moved to approve the Harbor Freight Tools Shoreline Substantial Development Permit and Shoreline Conditional Use Permit with staff recommendation: A.The building will be constructed and the site developed essentially as presented. Seconded by Commissioner Eck, motion carried unanimously. Administrative Reports Associate Planner, Kris Robbins discussed the latest information regarding the impact fee assessment. Adjourned at 8:11 p.m. _______________________________________ Nathan Nofziger, Planning Commission Chair Moses Lake Council Packet 8-23-22, Page 27 of 108 Moses Lake Council Packet 8-23-22, Page 28 of 108 Moses Lake Council Packet 8-23-22, Page 29 of 108 Moses Lake Council Packet 8-23-22, Page 30 of 108 Moses Lake Council Packet 8-23-22, Page 31 of 108 Moses Lake Council Packet 8-23-22, Page 32 of 108 Moses Lake Council Packet 8-23-22, Page 33 of 108 Moses Lake Council Packet 8-23-22, Page 34 of 108 Moses Lake Council Packet 8-23-22, Page 35 of 108 MOSES LAKE CITY COUNCIL August 9, 2022 STUDY SESSION 2023 Budget Kickoff Staff distributed a PowerPoint presentation to illustrate accomplishments for each department since the original presentation to Council on January 5, 2022. Council confirmed February retreat goals and that the City should budget with those in mind. Staff will engage the community for input on the budget. Finance Director Madeline Prentice shared her new budget worksheets that will be used for department submissions. Directors will meet in late September to review the preliminary budgets to be presented at Council’s workshop in October. EXECUTIVE SESSION Mayor Hankins called an Executive Session at 6:10 p.m. to be held for 15 minutes pursuant to RCW 42.30.110(1)(b) to discuss property acquisition with Council, City Manager Allison Williams, and City Attorney Katherine Kenison. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Hankins with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Hankins, Deputy Mayor Myers; Council Members Eck, Martinez, Fancher, Madewell, and Swartz. PLEDGE OF ALLEGIANCE Airport Commission Chair Finley Grant led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Eck moved to approve the Agenda as presented, second by Council Member Swartz. The motion carried 7 – 0. PRESENTATIONS Moses Lake Community Coalition Community Relations Manager Dayana Ruiz and Community Coalition Coordinator Megan Watson explained what the Community Coalition does for the community and presented their quarterly report. Police Station New Build v. Remodel Rolluda Architect Rich Murikami gave a presentation on remodeling the current Police building versus building new. The cost for remodeling is approximately $7.6 million for existing space with future growth with a 6,000 square foot addition that would potentially add another $7 million; not including soft costs of 20-25% for furniture, computer networking design, and construction contingency to the remodel price. New plans for a one and two-story will cost roughly $17 million plus the soft costs. Council requested staff schedule a study session to further review. Moses Lake Council Packet 8-23-22, Page 36 of 108 CITY COUNCIL MINUTES – August 9, 2022 pg. 2 SUMMARY REPORTS MAYOR’S REPORT Tai Shin Group of Japan Schedule Staff met with Karen Rimple, former Mayor’s wife, to finalize the itinerary involving the adult and student volunteer work at McCosh Park, Blue Heron Park, and at the fairgrounds during their visit on the week of the Grant County Fair. Airport Commission Quarterly Report Commission Chair Grant discussed status of the fuel system project, restriping runway and taxiways, new tenant lease agreements, fire hydrants relocation, property line survey need, fence grant application, new road signage, as well as new activity being planned in 2023 for stole training and back country flying clinic. Richard Pearce Moratorium Request Mr. Pearce sent a letter requesting the City Manager place a moratorium on Planned Unit Development on a future agenda. City Manager Allison Williams and Community Development Director Kirsten Sackett explained that we have a pending application that is in an open comment period for review by the Hearing Examiner and it should not be discussed with Council due to it now being a quasi-judicial matter. There was no consensus to ask staff to draft a moratorium. CITY MANAGER’S REPORT Employee New Hires and Promotions Parks, Recreation & Cultural Services Director Susan Schwiesow introduced our new Recreation Coordinator Gunnar Blankenship. Chief Fuhr introduced and swore in three newly promoted Corporals: Yoni Mengist, Ray Lopez and Tyler St. Onge. Community Outreach Officer Position Chief Fuhr reviewed the memo provided in the meeting packet to establish a new position. Action taken: Council Member Eck moved to authorize staff to add a new Community Outreach Officer Position as presented, second by Council Member Martinez. The motion carried 7 – 0. Grant County Letter Regarding Jail and Work Release Services The Council Public Safety Committee members discussed sending a letter to the County regarding the jail and work release services. Following further review by staff, Council concurred to request an agenda item at the September AGCCT meeting to give the sheriff’s office an opportunity to work with Commissioners on a solution. Graffiti Update Other communities require a short period for graffiti clean-up prior to issuing a notice of violation and some have programs to assist in the clean-up. Staff will explore options and come back with suggested updates to regulations and clean-up partnership programs. CLOSED HEARINGS Proceedings for two Closed Record Hearings were read by the City Clerk. Moses Lake Council Packet 8-23-22, Page 37 of 108 CITY COUNCIL MINUTES – August 9, 2022 pg. 3 #1 CAD Homes Knolls Vista Deferral Request Council Member Fancher recused himself from the hearing and vote. Staff provided an overview of the procedural actions taken and the request before the Council: On July 12, 2022, the Hearings Examiner reviewed and provided recommendations to the revised application for the CAD Homes Knolls Vista Preliminary Major Subdivision with a request for Waivers, Deferrals, and Deviations in accordance with Section 17.33.010 of the Moses Lake Municipal Code. Mayor Hankins opened the hearing at 7:45 p.m. and there being no comments, the hearing was closed. Action taken: Council Member Martinez moved to approve CAD Homes Knolls Vista Preliminary Major Subdivision request for Waivers, Deferrals, and Deviations on property identified under Assessor’s Parcel Numbers 110621000 and 110625001, as presented, second by Council Member Swartz. The motion carried 6 – 0. #2 Maple Landing Planned Development District Ordinance 3011 Staff provided an overview of the procedural actions taken and the request before Council: On July 19, 2022, the Hearings Examiner rendered a decision of approval for the Major Subdivision application, and simultaneously issued a recommendation of approval to the City Council for the planned Development District. The Findings of Fact, Conclusions of Law, Conditions of Approval, and decision for the Maple Landing Planned Development District allow for the construction of 98 single-family units and 120 multifamily units on 23.2 acres of property identified under Assessor’s Parcel Numbers 110002003 and 110475231. Mayor Hankins opened the hearing at 7:50 p.m. and there being no comment related to prior testimony, the hearing was closed. Action taken: Council Member Eck moved to adopt Ordinance 3011, adopting the July 19, 2022, Hearing Examiner Recommended Findings of Fact, Recommended Conclusions of Law, Recommended Conditions of Approval, and Recommended Decision for the Maple Landing Planned Development District (PLN2022-0016), allowing for construction of 98 single-family units and 120 multifamily units on the 23.2 acres of property identified under Assessor’s Parcel Numbers 110002003 and 110475231, as presented, second by Council Member Martinez. The motion carried 7 – 0. CONSENT AGENDA #3 a. City Council meeting minutes dated July 26, 2022b.Claim ACH 182-183 in the amount of $1,344.04; Claim Checks 157175 – 157326in the amount of $523,621.45; Payroll Checks 64539 through 64594 in the amount of $32,417.35; and Electronic Payments in the amount of $559,236.12. c.Communications/Writing Style Guide Resolution 3908d. WA DES Interlocal Agreement for Energy Services Consultante.Wastewater Comp Plan Consultant Amendment 2f.Accept 2022 Signal Cabinet Replacement Project g.Redflex Amnesty Program Extension Action taken: Council Member Swartz moved to approve the Consent Agenda as presented, Moses Lake Council Packet 8-23-22, Page 38 of 108 CITY COUNCIL MINUTES – August 9, 2022 pg. 4 second by Council Member Eck. The motion carried 7 – 0. NEW BUSINESS #4 1020 W Gem St. Weed Abatement Resolution 3909 Code Enforcement Officer Tina Jewell was sworn in and provided testimony regarding the nuisance violations at 1020 W Gem St, a property that has Herman and Joanne Liebrecht listed as owners. There was no other testimony, and the hearing was closed. Action taken: Council Member Swartz moved to adopt Resolution 3909 as presented, second by Mayor Hankins. The motion carried 7 – 0. #5 Temporary and Mobile Food Vendor Ordinance 3012 and Resolution 3910 Ordinance 3012 updates MLMC Title 5, eliminating the background check, deposit requirements, initial application fee, and allowing vendors to purchase a license based on a quarterly time frame. Resolution 3910 updates the fee schedule to reflect the new fees for vendors, including temporary location for all types of vendors. Action taken: Deputy Mayor Myers moved to adopt Ordinance 3012 as presented, second by Council Member Martinez. The motion carried 7 – 0. Action taken: Council Member Martinez moved to adopt Resolution 3910 as presented, second by Council Member Swartz. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Nelson Road Pedestrian Path Update This project was advertised under the small works roster process. There have been several contractors reaching out to staff regarding this project. The bid opening will be next week and staff will proceed from there. The estimate is under the threshold for sending to Council, so the hope is that the City Manager will be able to authorize the contract so that the project can begin. Valley Road Reconstruction – Selland Letter 2204-04 The contractor requests that they be allowed to work during fair week from 6:00 a.m. to 2:00 p.m. that will not impact traffic and will maintain site safety. Action taken: Mayor Hankins moved to authorize the limited work, provided that the Fair Manager has no objections, second by Council Member Martinez. The motion carried 4-2-1. Council Members Swartz and Fancher were opposed and Deputy Mayor Myers abstained. WSDOT STBG Letter The City was awarded approximately $750,000 in block grant funds. The funds will go towards the design of the roundabout at Yonezawa Boulevard and Highway 17. Staff will prepare a Request for Qualifications for a consultant to assist with the design. The City will be required to provide a 13.5% match. Moses Lake Council Packet 8-23-22, Page 39 of 108 CITY COUNCIL MINUTES – August 9, 2022 pg. 5 BlueBridge Program This is a new pilot program that will allow officers to have a $100 pre-paid credit card to help citizens in distress with minor emergent needs. The first fundraiser for this program will be held on August 15 at Sun Splash Car Wash where $1 of each wash will be donated to the fund. Administrative Office Move City Manager Williams discussed the move that occurred last week in the administrative offices where human resources and finance swapped places. This will provide a more confidential access for employees to our human resources staff, and create more room for offices. COUNCIL COMMUNICATIONS AND REPORTS Council Member Swartz thanked Community Development Director Kirsten Sackett for the land use reports. Council Member Martinez reported that the water conservation play turned out really well. She will reach out to the Watershed Council to see if they can perform the play in schools. She will be attending a training as Health Department Board Member at the end of the month. She also discussed the fair and its impact on the Moses Lake area and her recommendation for volunteering. Council Member Eck wanted to remind the public that he does Coffee with a Council Member on Monday and Wednesday 1:00 p.m.-2:30 p.m at the Red Door Café. ADJOURNMENT The regular meeting was adjourned at 8:37 p.m. ______________________________________ Dean Hankins, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 8-23-22, Page 40 of 108 To: Allison Williams, City Manager From: Madeline Prentice, Finance Director Council Meeting Date: August 23, 2022 Proceeding Type: Consent Agenda Subject: Disbursement Report since August 9, 2022, Council Meeting The following amounts were budgeted and sufficient funds were available to cover these payments: Electronic Transfer 184 - 186 $ 661,934.16 Checks 157327 – 157481 $ 2,268,844.73 Payroll Checks 64595 - 64643 $ 30,455.20 Electronic Payments Direct Deposit 8/5/22 $ 580,239.29 Summary 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 has 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 its processes to ensure appropriate internal controls are in place. Moses Lake Council Packet 8-23-22, Page 41 of 108 Moses Lake Council Packet 8-23-22, Page 42 of 108 Moses Lake Council Packet 8-23-22, Page 43 of 108 Moses Lake Council Packet 8-23-22, Page 44 of 108 Moses Lake Council Packet 8-23-22, Page 45 of 108 Moses Lake Council Packet 8-23-22, Page 46 of 108 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: Mayor and City Council 2 Allison Williams, City Manager Administration 8/23/2022 Consent Agenda Contract Extension with Perteet, Inc to provide interim Municipal Services Director services City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 90,120.00$90,120.00$0.00$ Authorize Amendment No. 5 with Perteet Inc for Interim Municipal Services Director services. Perteet consulting amendment 5.doc 32.5KB ML_AdministrativeSupport_Amend5_Scope_8-15-22.pdf 319.78KB The search for the Municipal Services Director is continuing. As a result, this contract provides for the extension of the contract for services with Perteet, Inc for the provision of Interim Municipal Services Director services. Staff has appreciated the depth of Kirk Holmes' expertise and this contract provides for his continued work through the end of the year. There are two positions that have remained unfilled since Dave Bren departed: Municipal Services Director and Engineering Services Director. The salary savings for these positions provides coverage for this contract. Options and Results The City retains the services of Perteet/Kirk Holmes. Staff will bring back options for recommended changes. The contract will not move forward and the services will end at the end of August. Moses Lake Council Packet 8-23-22, Page 47 of 108 FIFTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF MOSES LAKE, WASHINGTON AND PERTEET, INC. Preamble. This is the fifth amendment to the Consultant Services Agreement effective December 29, 2020, by and between Perteet,, Inc., a Washington corporation, and the City of Moses Lake, a municipal corporation (City), and this amendment is effective September 1, 2022. I.Amendment. A.Article III – Obligations of the City, Section 3 “Remuneration: is changed to read: 1. For the professional services as described in Exhibit A and as defined in the associated Fee Worksheet, not to exceed $90,120. II. All other terms and conditions of that December 29, 2020, Consultant Services Agreementremain unchanged. IN WITNESS WHEREOF, Perteet Consulting, Inc., and the City of Moses Lake have hereunto set their hands and seals this 24th day of August, 2022. CITY OF MOSES LAKE, WASHINGTON PERTEET, INC. __________________________ __________________________ Allison Williams, City Manager Crystal L. Donner, President Moses Lake Council Packet 8-23-22, Page 48 of 108 Moses Lake Council Packet 8-23-22, Page 49 of 108 • • • • • • • • • Moses Lake Council Packet 8-23-22, Page 50 of 108 Moses Lake Council Packet 8-23-22, Page 51 of 108 Council Staff Report Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Agenda Item Number: 2 Department Municipal Services Proceeding Type Consent Agenda To: Allison Williams, City Manager From Richard Law PE For Agenda of: 8/23/2022 Subject Sabedra Deferral Request Covenant 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$0.00$ Staff recommends the Council approve the request for deferral to install improvements. Lot 1 Block 2 Vance Emery Addition.pdf 229.47KB Code 16.02.110 Platting Deemed Insufficient.pdf 9.06KB The property owner at 632 South Pacific Street has applied for a building permit to construct a single family residence. The property on Pacific Street was previously platted in 1940 as the Vance Emory Addition. The applicant has request a deferral to install the roadway improvements until such a time as determined by the City. In 2008 the City of Moses Lake updated title 16 of the Municipal Code to include MLMC 16.02.110 Platting Deemed Insufficient When. This code states if a property is previously platted without the extension or provision of city water, city sewer, storm sewer, curb, sidewalk, streets or other improvements through all the lots shall be deemed to be unplatted for the purposes of the issuance of any development permit or building permit. The water main was installed in 1957 as part of LID #9. The sewer was installed in 1979 as part of LID #43 for the Peninsula Area. The applicant is responsible for the remaining improvements fronting the lot which include curb, sidewalk, storm water and half-width roadway improvements. The remainder of Pacific Street is a gravel road maintained by the City. Moses Lake Municipal Code 16.02.110 (B) gives the City Council the ability to waive, defer or deviate to the requirement to install the required improvements. The applicant has agreed to sign a covenant to participate in the required improvements when deemed necessary by the City. There are no fiscal or policy implications to approving the request to defer the improvements. Options and Results Moses Lake Council Packet 8-23-22, Page 52 of 108 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Staff recommends council approve the request for deferral, and the applicant will be issued a building permit for the residence. Staff will bring back options for recommended changes. If no action is taken the building permit will not be issued until such a time the required improvements are installed. Moses Lake Council Packet 8-23-22, Page 53 of 108 8/2/22, 3:23 PM ArcGIS Enterprise - Combined Utility Reference https://arcgis.cityofml.com/portal/home/webmap/viewer.html?webmap=490c358ea637470a877ae8862ba93603 1/1 + − Details Add Basemap Combined Utility ReferenceHome Moses Lake Council Packet 8-23-22, Page 54 of 108 16.02.110 Platting Deemed Insufficient - When | Moses Lake Municipal Code Page 1 of 1 The Moses Lake Municipal Code is current through Ordinance 2999, passed January 25, 2022. 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) Moses Lake Council Packet 8-23-22, Page 55 of 108 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted: Action Requested Packet Attachments (if any) Overview Allison Williams, City Manager 1 Richard Law, City Engineer Municipal Services 8/23/2022 Consent Agenda Accept Lauzier Infield Project City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 133,006.80$133,006.80$ Appropriation Required: $0 Staff recommends accepting the 2022 Lauzier Field 4 & 5 Infield Replacement Project completed by Northwest Turf Solutions, Inc. Northwest Turf Solutions Inv #2029.pdf 372.72KB Parks department identified a need to replace the infield turf and playing surface on the two baseball fields at the Lauzier Athletic Complex. The playing surfaces on the three softball fields were replaced previously. This will improve playing conditions and make the fields easier to maintain. The infields were re-graded using state of the art equipment and the soil was replaced with new specially amended material designed for baseball and softball infields. Staff opened a bids for the work on May 17, 2022. The City received one (1) bid for the project. Northwest Turf Solutions, Inc. submitted the low bid for the project in the amount of $133,006.80. The Engineer's Estimate was $130,000. The work has been completed and the final cost of the work is $133,006.80. Fiscal and Policy Implications After Council acceptance of the project, the City will enter into the 60-day lien period as required by Washington State Law. The City will release the 5% retainage bond after the (60) day lien period is complete. Options and Results Approve, Authorize, or Adopt: Staff will send a notification of acceptance to the contractor and the 60-day lien period will begin. Moses Lake Council Packet 8-23-22, Page 56 of 108 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. The project will not be accepted at this time. Moses Lake Council Packet 8-23-22, Page 57 of 108 Moses Lake Council Packet 8-23-22, Page 58 of 108 Moses Lake Council Packet 8-23-22, Page 59 of 108 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 2 Kevin Fuhr Police 8/23/2022 Consent Agenda Extra-Duty Police Services Contract with Grant County Fair City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 5,000.00$0.00$0.00$ Approve on consent agenda and Council authorizes City Manager to execute the contract. The Grant County Fair manager requested MLPD officers provide security during fair concerts. The request came as a result of not enough GCSO deputies available to provide the service. The fair manager has already signed the Extra-Duty Police Services Contract and has agreed to pay officers overtime, including benefits, for the hours worked providing security. The Grant County Fair will reimburse the city all expenses paid during the overtime security detail. Options and Results Allow officers to work overtime detail at the fair. Staff will bring back options for recommended changes. Not allow the overtime. Moses Lake Council Packet 8-23-22, Page 60 of 108 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 Allison Williams, City Manager 3 Richard Law PE, City Engineer Municipal Services 8/23/2022 New Business Favored Farmhouse Deviation Request 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 Council deny the request for deviation to the driveway setback standard. Packet Attachments (if any) Favored Farmhouse Site Layout.pdf Code 12.10.020 Deviations.pdf Code 12.10.010 (1).pdf Favored Farmhouse Request.pdf Favored Farmhouse Applicant Submittal.pdf Overview Favored Farmhouse requested a deviation to the Moses Lake Municipal Code 12.10.010 Driveway Setback and Separation. The municipal code gives guidelines for driveway setbacks as related to roadway classification. Alder Street, where Favored Farmhouse is located, is classified as a Commercial Tertiary Collector with a driveway setback of 20 feet from interior lot lines. Favored Farmhouse has approximately 25 feet between their property line and the building, and 60' between the property line and Fifth Avenue, measured from the face of curb on Fifth Avenue. The applicants were advised a right turn off of Alder Street would not be allowed due to the proximity to the Alder Street - Fifth Avenue intersection. The applicants advised they would utilize the alley behind the property and serve customers through the passenger side window. City Engineer, Richard Law PE, visited the site and advised of the following concerns: 1) The foundation wall adjacent to the stairwell is in poor condition and directly adjacent to the proposed driveway. 2) There is not sufficient storage for vehicles turning off of Alder Street to prevent traffic from blocking Alder Street for normal use. 3) If the flow of cars is reversed and use the passenger side window for service, will customers just enter the wrong way off Alder Street. 4) How will the applicant keep people from driving too close the to foundation? Moses Lake Council Packet 8-23-22, Page 61 of 108 The City of Moses Lake Building Official, Lee Creiglow, visited the site due to concerns about the increase in ground loading the driveway would have on the buildings existing foundation. The Building Official found an exterior stairwell, located on the southern portion of the building, to be in poor condition. Mr. Creiglow advised the applicant that the driveway would need to be moved away from the foundation wall adjacent to the stairwell or they would need to provide an inspection report form a licensed engineer stating the foundation wall will support the additional traffic loading from the driveway. The applicants choose to move the driveway approximately 8 feet from the foundation wall adjacent to the stairwell. With the proposed plan this will place the driveway approximately 7 feet from the property line. It was suggested to the applicant to possibly relocate the drive through to the north side of the building, this would move the driveway away from the questionable foundation and further away from the intersection. The applicants were not in favor of this due to the location of the kitchen in the building. The Municipal Code clearly states the City Council has the ability to grant deviations to the driveway control standards as long as the list criteria is met. Moses Lake Municipal Code 12.10.020 Deviations (C) states: The City Council may grant a deviation to the standards set forth in this chapter upon finding that granting of a deviation is in the best interest and welfare of the community and that a traffic hazard will not be created. Please refer to the attached materials submitted by the applicant, including the May 3, 2022 narrative, two letters of support from employees, a sales chart, and a June 27, 2022 email with accompanying site plan sketch. Be advised that the aerial photo depicting the proposed traffic flow was created by staff. The City Engineer visited the site and has concerns that a traffic hazard will be created with the driveway being in close proximity to the busy intersection. The City Building Official has concerns about the wellbeing of the foundation with the increased weight being placed on it. Based on the feedback from the City Engineer and the Building Official staff recommends Council deny the deviation request on the grounds the driveway may cause a traffic hazard. Council also has the option to take no action at tonight's meeting and ask for additional information from the applicant or staff prior to making a decision. Alternatively, if Council should choose to approve the deviation request, staff would advise that specific conditions be associated with the approval to ensure that the proposal only allows for right-turn only movements onto Alder Street. It should also be noted for the record, pursuant to MLMC 18.30.030 Allowed Uses, that if the deviation is approved the next required step for the applicant will be to apply for a conditional use permit to allow for a drive-thru use in the C-1 zoning district. Fiscal and Policy Implications There are fiscal implications with the requested denial for deviation. The Municipal Code gives the council guidelines for granting a deviation to the Driveway Standards. This request fails to meet the requirements for granting a deviation. Options and Results Approve, Authorize, or Adopt: Staff recommends Council deny the request for deviation to the driveway setback standards. Provide Amended Direction: Staff will bring back options for recommended changes. No Action Taken: The driveway will be denied due to failing to meet the setback requirements. Moses Lake Council Packet 8-23-22, Page 62 of 108 8/8/22, 8:06 AM ArcGIS Enterprise - Addressing Reference https://arcgis.cityofml.com/portal/home/webmap/viewer.html?webmap=61176c1a700d4c50bcbcaff895ef1127 1/1 + − Details Add Basemap Addressing ReferenceHome Moses Lake Council Packet 8-23-22, Page 63 of 108 12.10.020 Deviations | Moses Lake Municipal Code Page 1 of 1 The Moses Lake Municipal Code is current through Ordinance 2999, passed January 25, 2022. 12.10.020 Deviations: A.The Municipal Services Director may approve a reduction of the minimum driveway setback and separation distance standards from those distances shown in the Community Street and Utility Standards. For volume traffic areas or for low-volume traffic-generating uses, the Municipal Services Director may approve reductions to driveway setback and separation distances of up to thirty-five percent (35%). For other traffic areas or uses, the Municipal Services Director may approve a reduction to the minimum driveway setback and separation distances up to twenty-five percent (25%). And, the Municipal Services Director may approve a deviation to the driveway standards if a property has insufficient frontage to allow for the construction of a standard driveway. B.The Municipal Services Director may also require an increase in driveway setback and separation distances for high-volume traffic areas or for high-volume traffic-generating developments. C.The City Council may grant a deviation to the standards set forth in this chapter upon their finding that the granting of a deviation is in the best interest and welfare of the community and that a traffic hazard will not be created. D.The City Council or the Municipal Services Director may require a traffic study to be submitted prior to any approval for driveway setback and separation distances. All required traffic studies shall be prepared by a professional engineer. (Ord. 2221, 8/9/05; Ord. 1537, 1992; Ord. 1507, 1991; Ord. 1457, 1990) Moses Lake Council Packet 8-23-22, Page 64 of 108 12.10.010 Driveway Set Back and Separation | Moses Lake Municipal Code Page 1 of 1 The Moses Lake Municipal Code is current through Ordinance 2999, passed January 25, 2022. 12.10.010 Driveway Set Back and Separation: A.City Streets: All driveways on city streets shall be constructed in accordance with the following table: DRIVEWAY SEPARATION PRIMARY STREET SECONDARY STREET COMMERCIAL TERTIARY COLLECTOR RESIDENTIAL TERTIARY COLLECTOR OR RESIDENTIAL STREET DISTANCE FROM STREET RIGHT-OF-WAY AT INTERSECTION 100 FEET 75 FEET 50 FEET 30 FEET DISTANCE FROM INTERIOR LOT LINES 30 FEET 20 FEET 20 FEET TAPER LENGTH SEPARATION BETWEEN DRIVEWAYS ON ONE LOT 100 FEET 75 FEET 60 FEET 12 FEET B.State Highways. All driveways on state highways shall be constructed in accordance with WAC 468-51 and WAC 468-52. All references to the “Department” within these WACs shall mean the City of Moses Lake for the purposes of this section. The classification for SR-171 from I-90 to Gibby Road is M4 and from Gibby Road to SR-17 is M5. (Ord. 2376, 2/26/08; Ord. 2221, 8/9/05; Ord. 1457, 1990) Moses Lake Council Packet 8-23-22, Page 65 of 108 Moses Lake Council Packet 8-23-22, Page 66 of 108 Moses Lake Council Packet 8-23-22, Page 67 of 108 Moses Lake Council Packet 8-23-22, Page 68 of 108 Moses Lake Council Packet 8-23-22, Page 69 of 108 Moses Lake Council Packet 8-23-22, Page 70 of 108 Moses Lake Council Packet 8-23-22, Page 71 of 108 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 4 Kirsten Sackett Community Development 8/23/2022 New Business 1116 W Abbey Rd. Weed Abatement Resolution 3911 City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Attached is new business providing for the abatement of a nuisance at 1116 W. Abbey Road, Moses Lake, WA 98837, owned by Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. CE209 N2C (Weeds 1).pdf 392.6KB CE209 N&O Bonnie.pdf 202.4KB 019.JPG 721.01KB 020.JPG 732.25KB 05162022 032.JPG 3.87MB 05162022 036.JPG 7.75MB 05162022 034.JPG 5.28MB 5192764.JPG 925.64KB 5192765.JPG 1.01MB 5192766.JPG 1.49MB 5192767.JPG 1.58MB 0209 RESOLUTION.docx 26.22KB correct meeting time notice.pdf 280.3KB Moses Lake Council Packet 8-23-22, Page 72 of 108 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The Code Enforcement matter at 1116 W. Abbey Road, Moses Lake, WA 98837 was found by the Code Enforcement Officer while on routine patrol of the city. The grasses and weeds are greater than 12 inches in height located on the property. In accordance with MLMC 8.14, Nuisances, the site was inspected and determined to be a nuisance pursuant to MLMC 8.14. See attached May 16, 2022, Notice of Violation and Order to Correct or Cease Activity. MLMC 8.14.030.U – Maintenance of Grasses, Weeds, etc. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. Compliance shall be required as follows: 1. Property with no sidewalks/activity trail or residential dwelling on the property shall be exempt. 2.Property with sidewalks/activity trail but no residential dwelling shall be required to control vegetation ten feet (10') from the back of the sidewalks/activity trail. 3. Property with sidewalks/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property. N/A Options and Results Staff recommends City Council consider adoption of the Resolution to abate the existing nuisance on 1116 W. Abbey Road as presented. Staff will bring back options for recommended changes. The nuisance will not be abated. Moses Lake Council Packet 8-23-22, Page 73 of 108 City of Moses Lake PO Drawer 1579 Moses Lake. WA 98837 Phone: (509> 764-3750 DATED: Wednesday, August 10, 2022 Bonnie J. Dial Supplemental Care Tnist for Donald L. Blann 1116 W. Abbey Road Moses Lake, WA 98837 RE: Hearing to Peimit City Abatement of Nuisance for case file #: CE2022-0209 Property Located at: 1116 W. Abbey Road, Moses Lake on Parcellll72851l Via Regular Mail and Return Receipt Mail BOIS)NIE J DIAL You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of Moses Lake described as: Lot 6 Block 2 Woodcrest Major Plat This property is located at: 1116 W. Abbey Road, on Parcellll72851l On Monday, May 16, 2022, the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Coi'ect or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of Monday, August 8, 2022, the nuisance located on the subject property has not been conected or removed. Pursuant to Moses Lake Municipal Code (MLCM) 8. 14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Corincil at the Council's regular meeting on Tuesday, August 23, 2022, which is more than ten days from the date of this letter. That meeting will begin at 6:30 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Corincil to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of the subject property. At the hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOtJR PROPERTY. If you have any qriestions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone (509) 764-3702. Sincerely, Tina Jewell Code Enforcement Officer CC:City Manager City Attorney Cotnmunity Development Director Moses Lake Council Packet 8-23-22, Page 74 of 108 Moses Lake Council Packet 8-23-22, Page 75 of 108 Moses Lake Council Packet 8-23-22, Page 76 of 108 RESOLUTION NO. 3911 A RESOLUTION DETERMINING THAT Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1.Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of theCity, a person authorized to enforce the ordinances and municipal code of the City, that thereal property located at 1116 W. ABBEY ROAD, LOT 6 BLOCK 2 WOODCREST MAJORPLAT, Parcel 111728511 Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030.U. The records of Grant County show the owners of the subject property to be Bonnie J. Dial, Supplemental Care Trust for Donald LBlann, 1116 W. Abbey Road, Moses Lake, WA 98837. 2.Notice. On May 16, 2022, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time tocomply under that order has passed. The nuisance described in that order has not been abatedby correction of the condition of the property and a nuisance continues to exist on the subjectproperty. On July 27, 2022, the Code Enforcement Officer caused to be delivered to Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann, a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 23, 2022. Such noticewas in writing, in the English language and was delivered by certified mail and regular mail tothe record owners of the subject property. 3.Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030.U – Nuisance Defined. Each of the followingconditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. 3.2 Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12”) in height measured above the ground. a.The above exception may be waived, and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the Moses Lake Council Packet 8-23-22, Page 77 of 108 safety of persons or adjoining property. b.All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing,or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soilstabilization plan, which will minimize blowing dust and maintain soil stability andwhich shall be approved by the city prior to any plowing, discing, or scraping is implemented immediately. 3.3 Compliance shall be required as follows: a.Property with no sidewalk/activity trail or residential dwelling on the property shall be exempt. b.Property with sidewalk/activity trail but no residential dwelling on the propertyshall be required to control the vegetation ten feet (10’) from the back of thesidewalk/activity trail. c.Property with sidewalk/activity trail and a residential dwelling shall be required tocontrol vegetation on the entire piece of property. 4.Hearing. On August 23, 2022, the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsiblefor the costs of correcting and abating such violations if such corrections and abatement isaccomplished by City forces or forces contracted by the City for such purpose. All interestedpersons were permitted to provide written or oral evidence relevant to the issue. 5. Evidence: 5.1. The following persons testified under oath: Tina Jewell, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: EXHIBIT: Pictures taken by Code Enforcement Officer of the property located at 1116 W.Abbey Road, Moses Lake, WA. EXHIBIT: Notice to Correct dated May 3, 2022, from the Code Enforcement Officer addressed to Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann 1116 W. Abbey Road, Moses Lake, WA. EXHIBIT: Notice of Violation and Order to Cease Activity dated May 16, 2022, from the Code Enforcement Officer addressed to Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann. EXHIBIT: Letter dated August 8, 2022, from the Code Enforcement Officer to Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann advising the property owner of Moses Lake Council Packet 8-23-22, Page 78 of 108 Page 3 the hearing regarding abatement of property, scheduled for August 23, 2022. 6. Resolved: 6.1 A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 1116 W. Abbey Road, Moses Lake, Washington. Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann, are the record contract owners of the subject property per the records of Grant County. 6.2 The public nuisance located upon the subject property consists of: 6.2.1. Grasses and weeds in excess of 12” inches in height. 6.3 The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 6.4 Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann, the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 6.4.1 Grasses and weeds must be cut down and removed. 6.5 City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the cleanup required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6.6 A copy of this resolution shall be provided to the record contract owner by certified and regular mail after its approval by the City Council. Adopted by the City Council of Moses Lake, WA on August 23, 2022. ___________________________________ Dean Hankins, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 8-23-22, Page 79 of 108 Moses Lake Council Packet 8-23-22, Page 80 of 108 Moses Lake Council Packet 8-23-22, Page 81 of 108 Moses Lake Council Packet 8-23-22, Page 82 of 108 Moses Lake Council Packet 8-23-22, Page 83 of 108 Moses Lake Council Packet 8-23-22, Page 84 of 108 Moses Lake Council Packet 8-23-22, Page 85 of 108 Moses Lake Council Packet 8-23-22, Page 86 of 108 Moses Lake Council Packet 8-23-22, Page 87 of 108 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 5 Kirsten Sackett, Director Community Development 8/23/2022 New Business Release of the public easement outlined in AFN 107069 for Parcel # 110002003 City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Staff is requesting that City Council approve the attached Quit Claim Deed for Release of Easement regarding release of the public easement outlined in AFN 107069 for Parcel No. 110002003 (known as Maple Landing). Exhibit A - Maple Landing Public Easement Release Memo.pdf 505.81KB Exhibit B - Maple Landing ML LUA Application Cover Sheet.pdf 1.59MB Exhibit C - Maple Landing 2022.08.04 QCD Easement Release.docx 19.85KB On March 24, 2022, the City of Moses Lake Community Development Department received an application for a Right-of-Way Vacation. Upon review and discovery, this application required modification to a request to a release of the public easement outlined in AFN 107069 for Parcel # 110002003. On June 21, 2022 and with considerable consultation with varied departments with interest, City of Moses Lake Community Development Department outlined a process and requested development of the form of release. In summary, the applicant requests that the City of Moses Lake (as the primary public entity) release interest in the attached described easements. Fiscal and Policy Implications none Options and Results Approve, Authorize, or Adopt: The quit claim deed can be filed with Grant County. Moses Lake Council Packet 8-23-22, Page 88 of 108 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. The easement remains as presented which may be relinquished by alternative methods. Moses Lake Council Packet 8-23-22, Page 89 of 108 Memorandum TO: City of Moses Lake FROM: Erlandsen DATE: May 13, 2022 SUBJECT: AFN 107069 Public Easement Release Memorandum The purpose of this memorandum is to request the release of the public easement outlined in AFN 107069 for Parcel # 110002003. The original public easement was for the forever use of the north, east, south, and west 20 feet of the original 40-acre parcel that made up the SW ¼ of the NW ¼ of Section 10 in Township 19 North, Range 28 E.W.M. for “road purposes.” Based on interpretation within the case of “Schmidt v. Bank of America (2014) 223 Cal. App. 4th 1489”; the phrase “public road purposes” is for the intention of reaching public roads and does not include anything other than the road surfacing unless other uses are stated in the deed. As such these public easements should be interpretated for the use of reaching public roads, and with public roads being adjacent to said properties, the easement should no longer be needed. Maple Drive NE to the south has been approved for construction, and most of the road will be outside the easement. The portion of Maple Drive NE and Grape Drive NE that is within the easement is planned to be dedicated as 30 feet of right-of-way with the Maple Landing Planned Residential Development. The parcel owner is requesting the release of the east, south, and west 20 feet of public easement that is on his parcel. The parcel to the west has access to public roads from the north to Loring Drive NE and to the east to Maple Drive NE. As such, the west public easement should no longer be needed. The east and south have existing or approved roads, and the easement should no longer be needed. The Parcel # 170478003 to the north will keep its public easement for road purposes via the 20- foot easement along the north section of the original 40-acre parcel that made up the SW ¼ of the NW ¼ of Section 10 in Township 19 North, Range 28 E.W.M.. All other adjacent parcels have access through other means and will remain to keep their access without these easements. Moses Lake Council Packet 8-23-22, Page 90 of 108 Below in red is the area in which the easements are in question: If you have any questions or require additional information, please feel free to contact us at (509) 884-2562. Respectfully, Erlandsen and Associates. Neil Mickelson ______________________ Neil Mickelson, EIT PARCEL# 110002003 Moses Lake Council Packet 8-23-22, Page 91 of 108 Moses Lake Council Packet 8-23-22, Page 92 of 108 Moses Lake Council Packet 8-23-22, Page 93 of 108 Land Use Application Cover Sheet ML-01 Community Development Department 321 S. Balsam St, Moses Lake, WA (509) 764-3743 (Building) (509) 764-3745 (Planning) mtorrey@cityofml.com INSTRUCTIONS – PLEASE READ FIRST AND ANSWER ALL QUESTIONS COMPLETELY. If you have any questions about this form or the application process, please ask to speak with a planner. All necessary attachments and the filing fee are required upon submittal. Filing fees are not refundable. This application consists of two parts. PART I - GENERAL INFORMATION and PART II, project descriptions and site plan contain additional information specific to your proposal and all required information MUST be attached to this page to complete the application process. PART I – GENERAL INFORMATION 1. Applicant’s Information: Name: Mailing Address: City: St: Zip: Phone : ( ) E-Mail: 2. Applicant’s Interest in Property:Check One: Owner Agent Purchaser Other ________________ 3. Property Owner’s Information (If other than Applicant): Name: Mailing Address: City: St: Zip: Phone : ( ) E-Mail: 4. Subject Property’s Assessor’s Parcel Number(s): 5. Legal Description of Property. (if lengthy, please attach it on a separate document) 6. Property Address: 7. Property’s Existing Zoning: 9.Type Of Application: (Check All That Apply) Pre-Application Meeting Boundary Line Adjustment Preliminary Short Subdivision Preliminary Major Subdivision Conditional Use Permit Binding Site Plan Final Short/Major Subdivsion Plat Alteration Environmental Checklist (SEPA Review) Comprehensive Plan Amendment Final Short/Major Subdivsion Right of Way Vacation Development Agreement Shoreline Management Application* *Substantial Developement and/or CUP *Exemption *VarianceAnnexation Rezone Short Plat Alteration Critical Areas Review Zoning Variance Commercial Wireless Comm. Public Hearing Appeal to HE / City Council 10.PART II – PROJECT DESCRIPTION AND SITE PLAN (See attached page) _____________________________ Date _____________________________ 11.I certify that the information on this application and the required attachments are true and correct to the best of my knowledge._______________________________________ Property Owner’s Signature ________________________________________ Applicant’s Signature Date FILE/APPLICATION(S)# DATE FEE PAID: RECEIVED BY: AMOUNT PAID: RECEIPT NO: 8. Name of Project Moses Lake Council Packet 8-23-22, Page 94 of 108 LEGAL DESCRIPTION The Southwest quarter of the Northwest quarter of Section 10, Township 19 North, Range 28, E.W.M., Grant County, Washington, EXCEPT that portion, described as follows: Beginning at the Northeast comer of said subdivision; thence South along the East line of Ski Subdivision, a distance of 485 feet to the True Point of Beginning; thence Westerly parallel to the North line of said Southwest quarter of the Northwest quarter, a distance of 555 feet; thence Southerly parallel to the East line of said Subdivision, a distance of 410 feet; thence Easterly parallel to the North line of said subdivision, a distance of 555 feet to the East line of said Southwest quarter of the Northwest quarter; thence Northerly along said East line, a distance of 410 feet to the True Point of Beginning. EXCEPT Beginning at the Northeast comer of said subdivision; thence Southerly along the East line of said subdivision, a distance of 445 feet; thence Westerly parallel to the North line of said subdivision, a distance of 515 feet to the True Point of Beginning; thence continuing Westerly parallel to the North fine of said Southwest quarter of the Northwest quarter, a distance of 510 feet, more or less, to a point on the East line of the USBR Drain, as shown on page 222-116-31616-38 of the Plat of Irrigation Block 40, Columbia Basin Project; thence North 07°48' East, along the East line of said Drain, and the extended East line of said drain, a distance of 450 feet, more or less, to the North line of said Southwest quarter of the Northwest quarter, this point being hereby designated point "A". Beginning again at the True Point of Beginning; thence Northerly parallel to the East line of said subdivision, a distance of 445 feet to the North line of said subdivision; thence Westerly along the North line of said subdivision; thence Westerly along said North line, a distance of 450 feet, more or less, to said point "A". AND EXCEPT Beginning at the Northeast comer of said subdivision; thence Westerly along the North line of said subdivision, a distance of 515 feet; thence South parallel to the East line of said subdivision, a distance of 445 feet; thence East parallel to the North line of said subdivision, a distance of 515 feet to the East line of said subdivision; thence North along said East line, a distance of 445 feet to the Point of Beginning. AND EXCEPT Beginning at the Northwest comer of said subdivision; thence South along the West line of said subdivision, a distance of 100 feet; thence Easterly parallel to the North line of said subdivision, a distance of 350 feet, more or less, to a point on the East line of the USBR Drain, as shown on page 222-116-31616-38 of the Plat of Irrigation Block 40, Columbia Basin Project; thence North 07°48' East along the East line of said Drain and the extended East line of said Drain, a distance of 107 feet, more or less, to the North line of said Southwest quarter of the Northwest quarter; thence Westerly along the North line of said Subdivision, a distance of360 feet, more or less, to the point of beginning. Moses Lake Council Packet 8-23-22, Page 95 of 108 Moses Lake Council Packet 8-23-22, Page 96 of 108 Moses Lake Council Packet 8-23-22, Page 97 of 108 Moses Lake Council Packet 8-23-22, Page 98 of 108 When recorded return to: Nathan Pate City of Moses Lake PO Box 1579 Moses Lake, WA 98837 QUIT CLAIM DEED FOR RELEASE OF EASEMENT Grantor: City of Moses Lake Grantee: Maple Landing, LLC Abbreviated Legal Description: A portion of the NW ¼ of Section 10, T19N, R28E Assessor’s Tax Parcel No.: 11-0002-003 Reference No. of Easement: AFN 107069 The City of Moses Lake as Grantor, for and in consideration of valuable consideration hereby releases, conveys, and quit claims to Maple Landing, LLC, as Grantee, all of the Grantor’s rights, title, and interest in the recorded easement lying in the area described as: Per Corporation Warranty Deed, AFN 107069 The Southwest quarter of the Northeast quarter (SW 1/4 NW 1/4) of Section Ten (10), in Township Nineteen (19) North, Range Twenty-Eight (28), E.W.M., containing 40 Acres more or less, reserving to the public forever the use of the north 20 feet, the east 20 feet and the south 20 feet and also the west 20 feet for road purposes. EXCEPT That portion of road easement being the East 20 feet. lying within the following described real estate, situated in the County of Grant, State of Washington: Per Statutory Warranty Deed, AFN 1460461, records of Grant County, Washington The Southwest quarter of the Northwest quarter of Section 10, Township 19 North, Range 28, E.W.M., Grant County, Washington, EXCEPT that portion, described as follows: Beginning at the Northeast corner of said subdivision; thence South along the East line of said Subdivision, a distance of 485 feet to the True Point of Beginning; thence Westerly parallel to the North line of said Southwest quarter of the Northwest quarter, a distance of 555 feet; thence Southerly parallel to the East line of said Subdivision, a distance of 410 feet; thence Easterly parallel to the North line of said subdivision, a Moses Lake Council Packet 8-23-22, Page 99 of 108 distance of 555 feet to the East line of said Southwest quarter of the Northwest quarter; thence Northerly along said East line, a distance of 410 feet to the True Point of Beginning. EXCEPT Beginning at the Northeast corner of said subdivision; thence Southerly along the East line of said subdivision, a distance of 445 feet; thence Westerly parallel to the North line of said subdivision, a distance of 515 feet to the True Point of Beginning; thence continuing Westerly parallel to the North line of said Southwest quarter of the Northwest quarter, a distance of 510 feet, more or less, to a point on the East line of the USBR Drain, as shown on page 22-116-31616-38 of the Plat of Irrigation Block 40, Columbia Basin Project; thence North 07°48’ East, along the East line of said Drain, and the extended East line of said drain, a distance of 450 feet, more or less, to the North line of said Southwest quarter of the Northwest quarter, this point being hereby designated point “A”. Beginning again at the True Point of Beginning; thence Northerly parallel to the East line of said subdivision, a distance of 445 feet to the North line of said subdivision; thence Westerly along the North line of said subdivision; thence Westerly along said North line, a distance of 450 feet, more or less, to said point “A”. AND EXCEPT Beginning at the Northeast corner of said subdivision; thence Westerly along the North line of said subdivision, a distance of 515 feet; thence South parallel to the East line of said subdivision, a distance of 445 feet; thence East parallel to the North line of said subdivision, a distance of 515 feet to the East line of said subdivision; thence North along said East line, a distance of 445 feet to the Point of Beginning. AND EXCEPT Beginning at the Northwest corner of said subdivision; thence South along the West line of said subdivision, a distance of 100 feet; thence Easterly parallel to the North line of said subdivision, a distance of 350 feet, more or less, to a point on the East line of the USBR Drain, as shown on page 222-116-31616-38 of the Plat of Irrigation Block 40, Columbia Basin Project; thence North 07°48’ East along the East line of said Drain and extended East line of said Drain, a distance of 107 feet, more or less, to the North line of said Southwest quarter of the Northwest quarter; thence Westerly along the North line of said Subdivision, a distance of 360 feet, more or less,to the point of beginning. Tax Parcel Number: 11-0002-003 Moses Lake Council Packet 8-23-22, Page 100 of 108 Signed and Dated this _____ day of _________, 2022. _________________________________ __________________________ City of Moses Lake ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that _Allison Williams_ is the person who appeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as City Manager of the City of Moses Lake, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED:_____________________, 2022. _____________________________________ _____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________________ My commission expires:_________________ Moses Lake Council Packet 8-23-22, Page 101 of 108 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 6 Kirsten Sackett Community Development 8/23/2022 New Business Pure Country Harvest Build on Unplatted Resolution 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 is asking the City Council to consider a motion to adopt the Resolution allowing Pure Country Harvest to apply for a Building Permit to build on unplatted property addressed as 2721 W Peninsula Dr, on the condition that the building permit be issued within six months and that the requirements of MLMC 16.02.040 are met. Attachment A - PLN2022-0042 Pure Country nonconforming request for building priort to platting 8-5-2022.pdf 307.19KB Attachment B - RESOLUTION Build on unplatted_Pure Country Harvest.docx 15.66KB Attachment C - Pure Country Harvest Foods Development Engineering Memo.msg 50.5KB Moses Lake Council Packet 8-23-22, Page 102 of 108 Overview Fiscal and Policy Implications The Community Development Department has received a request from Turrel Smith representing Pure Country Harvest to build on unplatted property. The property is located at 2721 W Peninsula Dr, Moses Lake, Washington, 98837, further identified as Parcel No. 090304000. Pursuant to MLMC 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.” In addition: “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 request is to allow issuance of a building permit for: a. 1,400 square foot (new) addition on to the front of the building, b. 9,903 square foot (new) remodel and addition on to the existing building, c. Remodel the existing building, d. New 4,400 square foot freezer/loading area and box storage, and e. New 7,200 square foot Cover with 2 sides over Animal Holding Corals (to better protect livestock and provide an insulated wall between us and the neighbors from livestock noise). Pursuant to MLMC 16.02.040 Unplatted Areas, the standards to determine if the public interest will be adversely affected includes but is not limited to consideration of 1) the installation or existence of adequate sewer and water, 2) conformance to lot size requirements, 3)existence of street, sidewalk and curb improvements, 4) access to the site, and 5) all as respects the proposed building site and the surrounding area. A building permit cannot be issued on unplatted property in accordance with MLMC 16.02.040 unless the City Council finds that the public interest will not be adversely affected by the issuance of such a permit. All other criteria of land use and building permit requirements will still apply. This specifically includes the request submitted by the applicant to obtain approval from City Council for the Expansion of the Non- conforming use on this property. If this approval is not granted, the request for this building permit will not be applicable. None Moses Lake Council Packet 8-23-22, Page 103 of 108 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Options and Results Staff will issue building permit as presented. Staff will bring back options for recommended changes. The applicant will not be able to build on the unplatted property until such time as processing a subdivision is completed Moses Lake Council Packet 8-23-22, Page 104 of 108 Moses Lake Council Packet 8-23-22, Page 105 of 108 RESOLUTION 3912 A RESOLUTION ALLOWING PURE COUNTRY HARVEST, LLC, AND PAUL AND KARRIE KLINGEMAN, TO BUILD ON UPLATTED PROPERTY Recitals: 1. Moses Lake Municipal Code 16.02.040 allows for the issuance of a building permit to a proponent who wishes to build on unplatted property after a resolution has been duly passed bythe City Council. 2. Pure Country Harvest, LLC, a Washington limited liability company, and Paul and KarrieKlingeman, husband and wife (herein, “Applicants”), have requested City Council to allow themto build on unplatted property owned by Paul and Karrie Klingeman and described as follows: TX# 1833 IN TRACT 29 LS PLAT & TX# 11428 BATTERY ORCHARD TRACTS TAX#1833 A PORTION OF TRACT 29, BATTERY ORCHARD TRACTS, DESCRIBED ASFOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF TRACT 29,BATTERY ORCHARD TRACTS; THENCE SOUTH 32°08'44" WEST ALONG THENORTHWESTERLY LINE OF SAID TRACT, A DISTANCE OF 305.90 FEET; THENCESOUTH 57°51'16" EAST ON A LINE PARALLEL WITH THE NORTHEASTERLY LINE OFSAID TRACT, 777.85 FEET, MORE OR LESS TO THE HIGH WATER LINE OF MOSESLAKE; THENCE ALONG SAID HIGH WATER MARK TO THE NORTHEASTERLY LINEOF SAID TRACT 29; THENCE NORTH 57°51'16" WEST ALONG THE NORTHEASTERLYLINE OF SAID TRACT 29, 788.00 FEET MORE OR LESS TO THE POINT OFBEGINNING. EXCEPT THE TRACT CONVEYED TO THE STATE OF WASHINGTON. CONTAINING 5.30 ACRES, MORE OR LESS. LESS PLAT AND TAX #11428. And further identified as Assessor’s Parcel No. 090304000 Resolved: 1.Applicants are allowed to build the proposed remodel and/or addition: a) 1,400 square foot (new) addition and remodel on to the front of the building, b) 9,903 square foot (new) remodel /additionon to the existing building, c) Remodel the existing building, d) New 4,400 square foot freezer/loading area and box storage, and e) New 7,200 square foot Cover with 2 sides over AnimalHolding Corrals (to better protect livestock and provide an insulated wall between Pure Countryand the neighbors from livestock noise).on the above described unplatted property provided thatall permits and construction plans are submitted and approved by the appropriate citydepartments. The Applicants shall obtain a building permit within six months from August 23,2022; failure to obtain a building permit or a grant of extension by that date terminates thisapproval. 2.All outstanding reimbursements for infrastructure improvements shall be paid prior to issuanceof a certificate of occupancy. ADOPTED by the City Council on August 23, 2022. _____________________________________ Dean Hankins, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 8-23-22, Page 106 of 108 From:Rob Harris To:Nathan Pate Subject:Pure Country Harvest Foods Date:Tuesday, August 9, 2022 2:25:15 PM Attachments:image001.jpg It is my understanding Pure Country Harvest Foods has requested to obtain a building permit prior to completion of the plat. It is my understanding the property is currently served with water and sewer, the roadway improvements fronting the property are installed. There would be no additional requirements from Development Engineering to complete this plat. Rob Harris Development Engineering Manager City of Moses Lake 321 S Balsam Moses Lake Washington 98837 509-764-3780 509-750-1151 (Cell) rharris@cityofml.com NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account may be a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party. Moses Lake Council Packet 8-23-22, Page 107 of 108 / 70 Developed claim costs should not exceed 70% of your standard premium 2022 experience factor is calculated using claims from 7/1/17 - 6/30/20 11.96% Claim lag - how soon do you report claims?Premium projection and experience factors Moses Lake Report includes data through 3/31/2022 2022 Claims data Stay at Work utilization and reimbursement $0.0M $0.2M $0.4M $0.6M $442,942 $621,843 Projected premium Premium w/o experience modification Your average lag in reporting claims is 5.4 days This is 55.5% less than the pool average 0 5 10 15 20 Target: 5 Retro Average: 12.23 5.4 17.8 Year-to-date Last 12 months Your projected premium for 2022 is: $442,942 Your experience factor of 0.6783 reduces your projected premium by $178,901 Cost type 2022 claims should not exceed YTD claims costs % of threshold funds used Claim costs Developed claim costs $125,737 $264,047 $15,041 $31,586 11.96% 11.96% Year Stay at Work Claims Time Loss Claims Stay at Work reimb. % claims with reimb. 2018 2019 2020 2021 2022 1 0 1 1 0 4 1 2 3 2 $4,280.12 $0.00 $8,823.97 $8,052.08 $0.00 25.0% 0.0% 50.0% 33.3% 0.0% Total 3 12 $21,156.17 25.0% Moses Lake Council Packet 8-23-22, Page 108 of 108 RESOLUTION 3913 A RESOLUTION OF THE CITY OF MOSES LAKE WASHINGTON, ACCEPTING A CASH DONATION OF $4,000 FROM THE TAISHIN GROUP AND TSUBAKI FAMILY Recitals: 1.The Taishin Group have donated one-thousand dollars ($1,000) to the City of MosesLake. 2.The Tsubaki Family have donated three-thousand dollars ($3,000) to the City of Moses Lake. Resolved: 1.The $4,000 donation is accepted. 2.The City of Moses Lake wishes to express its sincere appreciation to the Taishin Group and the Tsubaki Family. ADOPTED by the City Council on August 23, 2022. ________________________________________ Dean Hankins, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk