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08232016 Part 2To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Dir. /Deputy City Manager August 23, 2016 Consideration Ordinance Amending MLMC 8.14 Nuisances Legislative History: August 23, 2016 Presentation Attached is an Ordinance amending MLMC 8.14, entitled Nuisances. At the last regular scheduled City Council meeting, the Council gave staff direction to bring back specific amendments to MLMC 8.14. See attached Ordinance. It should be noted that staff will also be bringing back to the Council amendments to MLMC 1.20 Civil Code Enforcement to address the one-hundred and fifty dollar ($150) administrative fee; MLMC 8.20 Weed Control to address alley ways. Background: The City Council has had numerous Study Sessions and field visits to investigate how the City of Moses Lake has implemented Code Enforcement measures in general. The topic of weed control and property maintenance has been the primary focus. Pagel of2 Fiscal and Policy Implications Amendments to MLMC 8.14, Nuisances would result in additional case loads for Code Enforcement that could have fiscal implication to those services provided. Options Results __________ qp_tio~-------------------· • Consider and approve the proposed Abatement of grasses, weeds and other amendments to MLMC 8.14 vegetation as proposed. ------·--- • Take no action Staff Recommendation Abatement of grasses, weeds and other vegetation remains enforced under current provisions of MLMC 8.14. Staff recommends that the City Council consider the proposed amendment and provide direction to staff on how to proceed. Attachments I A. I Ordinance Lega I Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel N/A Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8.14 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "NUISANCES" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 8.14 of the Moses Lake Municipal Code entitled "Nuisances" is amended as follows: 8.14.030 Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. A The existence of any trash, dirt, filth, and carcass of any animal, waste shrubs, accumulation of lawn or yard trimmings or other offensive matter. B. Defective or overflowing septic or sewage systems, and the existence of any noxious, foul, or putrid liquid or substance which poses a health hazard or creates a noxious odor. C. Any man-caused pool of standing or stagnant water, except storm drainage systems, which serves as a breeding area for insects. D. Accumulation of garbage, decaying vegetation, manure, dead animals, or other noxious things in a street or alley, or on public or private property to an extent injurious to the public health as determined by the Health Officer. E. All other acts, failure to act, occupations, or use of property which is determined by the Health Officer to be a menace to the health of the public. F. All limbs of trees which are less than seven (7) feet above the surface of any public sidewalk, or twelve (12) feet above the surface of any street. G. All buildings, other structures, or portions thereof which have been damaged by fire, decay, neglect, or have otherwise deteriorated or become dilapidated so as to endanger the safety of the public. H. All explosives, flammable liquids, and other dangerous substances stored or used in any manner in violation of the State Fire Code. I. The keeping or harboring of any dog, fowl, or other animal which by frequent or habitual howling, yelping, barking, crowing, or in the making of other noises, annoys or disturbs the public, or the habitual allowing of dogs kept at any one address to run at large in violation of Chapter 6.1 4 of the Moses Lake Municipal Code entitled "Miscellaneous Provisions". J. Making or causing to be made by any means whatsoever any noise of any kind which is a violation of Chapters 8.28 of the Moses Lake Municipal Code entitled "Noise Control". K. The frequent, repetitive, or continuous sound made by any secured, unsecured, or deteriorated membrane or sheet metal, being moved by the wind or other source, which un reasonably interferes with the peace, comfort and repose of adjacent property owners or possessors. L. Dumping, throwing, placing, leaving or causing or permitting to be dumped, thrown, placed or left, any filth , paper, cans, glass, rubbish, trash garbage, grass trimmings, shrub trimming, and shrubbery of any kind, in or upon any street, alley, sidewalk, ditch, or public or private property of another in the city. M. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, or whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles. 2. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or malodorous. 3. Any filthy, littered or trash-covered dwellings, cellars, house yards, barnyards. stable yards , factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings or premises. 4. Any animal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the city. 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 6. Any bottles, cans . glass, ashes, small pieces of scrap iron, wire. metal articles, bric-a-brac. broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or galvanized iron receptacles. 7. Any trash, litter, rags, accumulations or empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior. packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire hazard. N. The permitting to remain outside any dwelling, building, or other structure, or within any unoccupied or abandoned building, dwelling, or other structure, in a place accessible to children, any abandoned, unattended, or discarded ice chest, refrigerator or other airtight contained, which does not have the door, lid or other locking device removed. 0 . Any pit, hole, basin or excavation which is unguarded or dangerous to life or has been abandoned, or is no longer used for the purpose constructed, or is maintained contrary to statutes, ordinances, or regulations. P. Any well or storage tank permitted to remain on any public or private property without being securely closed or barring any entrance or trap door thereto, or without filling or capping any well. Q. The repair or abandonment of any automobile, truck, or other motor vehicle of any kind upon the public streets or alleys of the city. R. The keeping or permitting the existence of any bees or other insects, reptiles, rodents, fowl, or any other animals, domestic or wild, in any manner contrary to law, or which affect the safety of the public. S. The existence of any fence, other structure, or thing on private or public property abutting or fronting upon any public street, sidewalk, or place, which is sagging, leaning, fallen, decayed or is otherwise dilapidated and creating an unsafe condition. T. The existence of any vine, shrub, or plant growing on, around, or in front of any fire hydrant, utility pole, utility box, or any other appliance or facility provided for fire protection, public or private utility purposes in such a way as to obscure from view or impair access thereto. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soi l 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 ( 1 O') from the back of the side·walks/acti'vity trail. 3. Property with sidewalks/activity trail and a residential dwelling shall be required to control ·vegetation on the efltire piece of property. i_ Undeveloped property shall be required to control all grasses. weeds, and other vegetation on the entire piece of property . .fu Developed property shall be required to control all grasses, weeds. and oth er vegetation twenty feet (20') from the back of sidewalk/activity trail. V. The existence of any dead, diseased, infected, or dying tree, shrub, or other vegetation which may pose a danger to vegetation, crops, property, or persons. W. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard. X. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material. Y. The storage or keeping on any premises for more than thirty days of any used or unused building materials as defined in Section 8.14.010 (F), whose retail cost new would exceed one hundred dollars, without a special permitfrom the building official; provided, that nothing herein shall: 1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion. 2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard, dealer in building materials or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable laws. 3. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws. Z. The existence on any premises of any unused and abandoned trailer, house trailer, automobile, boat or other vehicle or major parts thereof. AA. The keeping or maintenance in any area on private property which is clearly visible from a public street, sidewalk, park or other public area any accumulation, collection or untidy storage of any of the following: old appliances or parts thereof; old iron, steel, aluminum or other metal; inoperable vehicles, vehicle parts, machinery or equipment; mattresses, bedding, clothing, rags or cloth; straw, packing materials, cardboard or paper, tin cans, wire, bottles, glass, cans, barrels, bins, boxes, containers, ashes, plaster or cement; or wood. This determination shall not apply to conditions completely enclosed within a building or fencing so as not to be visible from public property. BB. The keeping, permitting or harboring of any fowl, pigeons, rabbits, hoofed or cloven footed animals, except for caged birds kept within a residence or business. CC. The depositing of any debris, vegetation, lawn clippings, lumber piles, wood piles, auto parts or bodies, garbage and the like, or storing of any material of any kind, provided that in residential zones that shall include garbage cans or refuse containers in the alleys of the city, except on garbage pickup day. DD. The existence of graffiti, which is defined as a defacing, damaging, or destructive inscription, figure or design painted, drawn or the like, on the exterior of any building, fence, gate, or other structures or on rocks, bridges, trees, or other real or pe rsonal property. EE. The locating of automobiles, trucks, recreational vehicles, trailers, boats, or any other vehicles, vessels, or the like for the purpose of advertising its sale on property located in any commercial or industrial zone not owned by the seller. FF. The permitting of any condition or situation where the soil has been disrupted, disturbed, or destablized so as to allow blowing dust to exist. GG. The existence on any premise any unsecured, unused, or abandoned building or structures. HH. For any building the existence of any broken glass in windows or doors for more than thirty (30) days. 11. Buildings or portions thereof that have faulty weather protection, such as openings in walls and roofs. Faulty weather protection shall include temporary weather barriers, such as tarps, plastic or similar material, left in place for more than thirty (30) days. JJ. Any building which has a window, door, or other exterior opening closed by extrinsic devices or some other manner, with material that has not been painted to match or compliment the buildings exterior or remains boarded up for more than sixty (60) days. KK. Any boarded up building that remains boarded up for more than ninety (90) days. LL Permitting any violation of RCW 59.18.51 O in any rental dwelling unit. MM. Criminal street gangs and any pattern of criminal street gang activity are each declared to be a public nuisance in violation of this chapter and other applicable code provisions, including but not limited to the Uniform Code for the Abatement of Dangerous Buildings and State Housing Code, subject to abatement through all available means. In addition thereto and without limitation, any pattern of criminal street gang activity upon, and the presence and use of property by, a criminal street gang, with the owner's knowledge or consent, constitutes a public nuisance and grounds for revocation of any permit or license regulating or authorizing the use of such property. Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on Todd Voth, Mayor ATTEST: W . Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison , City Attorney To: From: Date: Proceeding Type: Subject: • First Presentation: • Second Presentation • Action Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gary Harer, Municipal Services Director August 23, 2016 Consideration Ordinance -Amend MLMC Chapter 17.06 -Definitions Legislative History: August 23, 2016 I Consideration Attached is an Ordinance amending Moses Lake Municipal Code 17.06 Entitled "Definitions". The amendment adds a definition for a Cul-de-sac and a Cul-de-sac bulb. Furthermore, it amends the definition for a short plat, as recommended by the City Attorney and the Community Development Department. Background A cul-de-sac is often referred as the cul-de-sac bulb instead of the type of street, which often becomes confusing. The added definitions are from the Webster dictionary. There is a detail for a temporary cul-de- sac in the City's Community Street and Utility Standards. Fiscal and Policy Implications None Options Option Results • Approve the ordinance Clarifies the definitions ---·----·------·--·-·-----l------------------ • Take no action. MLMC 17.06 will remain the same Staff Recommendation Staff recommends the Council to approve the attached ordinance. Attachments I A. I Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Reviewed July 1, 2016 Ordinance -Amend MLMC 17.06 City Attorney, Katherine Kenison ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17.06 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED DEFINITIONS THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 17.06 of the Moses Lake Municipal Code entitled "Definitions" is amended as follows: 17.06.108 Cul-de-sac: A street with no outlet. commonly referred to as a dead end street. 17. 06.109 Cul-de-sac Bulb: The circular turn around at the end of a cul-de-sac. Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on September 13, 2016. Todd Voth, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney To: From: Date: Proceeding Type: Subject: • First Presentation: • Second Presentation • Action Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gary Harer, Municipal Services Director August 23, 2016 Consideration Ordinance -Amend MLMC Chapter 17.24 -Improvements Legislative History: August 23, 2016 Consideration Attached is an Ordinance amending Moses Lake Municipal Code (MLMC) 17.24 Entitled "Improvements". The main changes include: Background • Consolidating the conditions for city participation for water, sewer, stormwater, and street improvements by adding them to MLMC 17.24.020. • The conditions when cul-de-sac streets may be approved. • The conditions when a temporary cul-de-sac bulb is allowed. The Planning Commission requested staff to amend MLMC 17.24 to allow temporary cul-de-sacs, under certain conditions, without requesting a deviation. Staff took the opportunity to propose additional changes to clarify the requirements within this code Fiscal and Policy Implications None Options ·~~-Option~~~~~~~-+~~~~--~~--R_e_s_u_lt_s~~~~~~~- • Approve the ordinance The proposed changes will be codified • Take no action. MLMC 17.24 will remain the same Staff Recommendation Staff recommends the Council to approve the attached ordinance. Attachments Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by legal Counsel • Reviewed July 1, 2016 Ordinance -Amend MLMC 17.24 City Attorney, Kotherine Kenison ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17.24 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "IMPROVEMENTS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 17.24 of the Moses Lake Municipal Code entitled "Improvements" is amended as follows: 17.24.020 City Participation: A The City may participate in the cost of street improvements and over-sizing municipal utility improvements that are not required of the applicant. Examples of these types of improvements include one-half street improvements. over sizing municipal utility mains and lift stations. street extensions. activity trails. stormwater improvements. and extensions of municipal utilities. The City will reimburse the owner of the subdivision for the agreed cost for the additional street and municipal utility improvements after the construction is complete and accepted by the City Council. No approval is authorized by the City unless a written approval for the reimbursement by the City is sent to the owner of the Subdivision prior to construction. 8. This chapter shall not be construed to establish an affirmative obligation upon the City to participate in any project. The City's participation is limited by the funds available, priority of projects throughout the City, and the desirability of a particular project. 17.24.030 Streets: A All streets witRifl rigRt of way tRat are dedicated on a plat, and adjacent streets witRin existing rigRt of way tRat are not serviced and maintained by tRe City, SRall be constructed by tRe applicant for tRe full widtR, from back of side•walk to back of sidewalk, to current Community Street and Utility Standards. WRere tRe subdivision is adjacent to streets tRat are serviced and maintained by tRe City, tRe applicant will only be reeiuired to improve tRe porfam of tRe street on tRe subdivision side of tRe centerline to current Community Street and Utility Standards. The applicant is responsible for constructing all the streets within the subdivision full width. and all the streets adjacent to the subdivision half width. Except, the applicant shall be responsible for constructing the adjacent streets full width if the City determines that the use within the subdivision requires full width streets. B. TRe City may negotiate •witR tRe owner of tRe subdivision to install street imprcwements beyond tRe subdivision, which improvements will connect existing improved streets to the owner's subdivision; or to improve existing streets that are maintained and servieed by the City, within or adjacent to the owner's subdivision. All negotiated reimbursements for additional street improvements will be paid to the applicant after the project is complete al'ld accepted by City Council. No appro'v"al for reimbursemel'lt is authorized by the City Ul'lless a writtel'l approval by the City for said reimbursemel'lt is sent to the owl'ler of the subdivisiol'l prior to col'lstructiol'l. Cul-de-sacs may be approved when they do not hinder the connectivity of streets in the surrounding neighborhoods. Where cul-de-sacs are approved. they shall terminate in a cul-de-sac bulb unless they meet all the following criteria: .1. No more than one lot has sole access from the cul-de-sac. 2. The end of the street right-of-way terminates at the plat boundary. ~ The adjacent property is not platted. 4. The street should continue through the adjacent property when it is developed. 5. The length of the cul-de-sac is less than 175 feet. 6. An end of roadway barricade is installed at the end of the cul-de-sac. C. Temporary cul-de-sac bulbs. in lieu of a permanent cul-de-sac bulb. are allowed to be constructed when all the following criteria are met: 1. The street is expected to be extended within the next five years. £. The developer signs a covenant to construct a permanent cul-de-sac in five years. 3. The design for the permanent cul-de-sac bulb is included in the street construction plans. 4. The right-of-way required for a permanent cul-de-sac and bulb is dedicated to the City on the plat. 17.24.040 Water Mains: A. The applicant shall install water main improvements for the full length of all streets within and adjacent to the subdivision, unless the Municipal Services Director determines that the additional water main provides no additional benefit. B. The City may negotiate vvith the owner of the subdivisiol"I to il"lstall water mail"ls larger thal"I required by the Commul"lity Street al"ld Utility StaF1dards, to implemel"lt the developmel"lt of the Comprehel"lsive Plal"I for trur1k mail"ls to sef\le areas other thal"I the owl"ler's subdivisiol"I. The City will F1egotiate the il"lstallation of oversized water mail"! ar1d reimburse H'le owF1er of the subdivisiol"I for the additiol"lal cost for the larger water mail"! after eol"lstruetioR is complete al"ld accepted by the City Coul"leil. No approval is authorized by the City uF1less a writtel"I approval for reimbursemel"lt by the City is sel"it to the owl"ler of Uw subdivisiol"I prior to eoF1Struetior1. Fire hydrants are not required to be installed when water mains are installed through or adjacent to property other than the proposed subdivision. C. Whrn water mail"ls are il"lstalled through or adjaeel"it to property other thal"I the prnposed subdivisiOl"I, fire hydral"lts are l"iot required except withil"I the proposed subdivisiol"I. 17.24.050 Sewer Mains: A: The applicant shall install sewer main improvements for the full length of streets within and adjacent to the subdivision, unless the Municipal Services Director determines that the additional sewer main provides no additional benefit. B. The City may Flegotiate with the owl"ler of the subdivisiol"I to ir1stall sewer mail"ls, lift statiol"ls, aF1d force mail"ls larger thal"I required by the Commul"lity Street afld Utility Stal"ldards, to implemel"lt the developmeflt of the Comprehel"lsive Plal"I for sewer sef\lice to areas other thafl the subdivisioR. The City will Flegotiate the iF1stallatiol"I of oversized sewer maiF1s, lift statioF1s, aRd force mail"ls, al"ld reimburse the ovmer of the subdivisiol"I for the additioF1al cost for the larger sewer mail"ls, lift statior1s, aRd force mail"ls after eoF1structioF1 is complete aRd accepted by the City CouF1eil. ~~o approval is authorized by the City ul"lless a writtel"I approval for reimbursemer1t by the City is ser1t to the owF1er of the subdivisiol"I prior to coF1structioF1 . 17.24.060 Storm Drainage: A. All draiRage ii"! al"ld through the subdivisiol"I shall be the respoF1sibility of the appliear1t. Since stormwater is part of the street improvements. the applicant shall install the stormwater improvements in accordance with MLMC 17.24.030.A B. The City Engineer may approve plans submitted by the applicant's engineer to divert or enclose natural drainage in and through the subdivision. The applicant shall bear all costs associated with diverting or enclosing natural drainage. C. All storm drainage in City streets shall drain from the asphalt to concrete gutters, then to approved stormwater structures such as catch basins and drywells. All storrnwater between stormwater structures shall be in underground pipes. D. Tne City may re(luife tne applicant to install street drainage facilities tnat are over anel above tne subelivision re(luirements, to provide for storm sewer service to areas otner tnan tne subdivision. Tne City will negotiate tne installation of aelditional stFeet drainage facilities, and reimburse tne owner of tne subdivision for tne additional cost after construction is complete and accepted by tne City Council. No approval is aulnorizeel by tne City tmless a ·written approval for reimbursement by tne city is sent to tne owner of tne subdivision prior to construction. QE. 'Nasnington State Departmeflt of Ecology approval is re(luired for all stormwater facilities before construction plans will be approved. 17.24.080 Activity Trails and Peelestrian Patns: Tne City may negotiate witn tne owner of tne subdivision to install activity trails or pedestrian patns beyond tne subdivision, •wnicn trails or pains will connect to existing activity trails, peelestrian patns, and sidewalks beyond tne subdivisiort All negotiated reimbursemeflts for additioflal activity trails or peelestrian patns ·will be paiel to tlie owner of tne subdivision after tne project is eompleteel aflel aeeepteel by City Council. No approval for reimbursement is autnorizeel by tne City unless a written approval by tne City for saiel reimbursement is sent to tne owner of tne subdivision prior to construction. Pedestrian Paths and Activity Trails: Pedestrian paths and activity trails shall be constructed in accordance with MLMC 17.21 .040. 17.24.100 Construction Plans: A Construction plans are re(luired shall to be submitted by the applicant and approved by the Municipal Services Director prior to construction. B. Preliminary construction plan sets shall consist of three (3) complete sets. C. All construction plans shall be stamped by a professional engineer. The plans shall show all required improvements. D. A plan check fee shall be due when the three (3) sets of preliminary construction plans are submitted to the Municipal Services Department, in accordance with Chapter 3.54. E. Sheet size shall be twenty-four inches (24") by thirty-six inches (36") and shall have a border of one inch (1") on the left margin and one half inch (Y:z'') on the remaining three margins. The scale shall be five feet (5') vertically and forty feet (40') horizontally. F. Plans shall show locations of all improvements with respect to the centerline stationing of the streets. Vertical and horizontal alignment shall be shown for all improvements. G. Approved construction plans will be returned to the applicant after the plans are acceptable by the Municipal Services Director, and after the applicant provides two (2) full sets of acceptable construction plans on permanent reproducible mylar. H. The Municipal Services Director may approve deviations to the requirements for construction plans. Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on September 13, 2016. Todd Voth, Mayor ATTEST: W. Robert Taylor, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Dir. I Deputy City Manager August 23, 2016 Motion Request to Reconsider Resolution No. 3624 & Waive Required Covenant Legislative History: July 12, 2016 August 23, 2016 Motion Community Development has received a letter from Chris Ries, on behalf of Lee Gerber, Sagebrush Holding LLC, requesting reconsideration of a previous City Council action involving his client's property. See attached letter. The City Council granted Mr. Gerber a building permit on unplatted property in accordance to the provisions of MLMC 16.020.040, Unplatted Areas. Background On July 12, 2016 the City Council considered a request from Mr. Gerber for a building permit on an unplatted piece of property he owns. A building permit cannot be issued on unplatted property in accordance to 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. The City Council determined that the public interests would not be affected and Mr. Gerber was granted a building permit along with the requirement that a Covenant be signed insuring future infrastructure abutting the subject site. Page 1of2 Fiscal and Policy Implications N/A Options Option i Results ---=-------·-··--·--··--+---·-·----·-····""'"'"""-··-···----·-···-··------• Consider the request and remove the I The request for a building permit is granted requirement for a Covenant. I with no requirement for a Covenant for future 1 infrastructure. ! ----··--·-·----·-------·-·-·--·--·------··-+----·--------.. ------·-·-·-----• Take no action Staff Recommendation The initial City Council approval remains in place and a Covenant is required to be signed with the issuance of a building permit. Staff recommends that City Council consider the request and provide direction to staff on how to proceed with the Resolution in place. Attachments I Rerol,t;oo No. 3624 Chris Ries Letter Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Page 2 of 2 RESOLUTION NO. 3624 A RESOLUTION ALLOWING SAGEBRUSH HOLDING, LLC TO BUILD ON UNPLATIED PROPERTY RECITALS: 1. Moses Lake Municipal Code 16.12.030 allows for the issuance of a building permit to a proponent who wishes to build on unplatted property after a resolution from the City Council. 3. Sagebrush Holding, LLC has requested the City Council to allow building on unplatted property described as follows (herein the "Property"): That portion of the south half of the Southwest Quarter of Section 30 , Township 19 North, Range 28 East, W.M., County of Grant, State of Washington, as delineated and described on the Record of Survey Drawing prepared by Western Pacific Engineering and Survey, Inc., dated April, 2014, lying southerly of the parcel described in the Warranty Deed Filed under Grant County Auditor File Number 572365, and lying west of the following described line: Commencing at a 2" aluminum cap marking the southeast corner of the Southwest Quarter of said Section 30; Thence North 88°57'10" West, coincident with the south line of the said Southwest Quarter, a distance of 1533.15 Feet to the beginning of the line; Thence North 00°30'20" East a distance of 439.47 Feet, more or less to the sa id southerly right of way boundary for said State Route 90 and the terminus of said line. RESOLVED: 1. Applicant, Sagebrush Holding, LLC, shall be allowed to construct a 3,000 square foot building on the westerly one-half of the Property, located adjacent to South Frontage Road East. This grant is personal to Applicant and is specific to the building activity proposed by Applicant. 2. Given the unique location of the Property, the City Council finds that it would be impractical to require the extension of City water and sewer utilities to the Property and the mandatory connection requirement is hereby waived. The City Council further finds that the Property is isolated, is surrounded on two sides by publicly owned property, that the formal platting process would provide no additional benefit to the City, and that the public interest will not be adversely affected by this grant. 3. Applicant shall be required to comply with the requirements of the Moses Lake Fire Department regarding required fire flow and fire protection plan as a condition of this grant. 4. This grant is conditioned upon Applicant's execution of a binding covenant running with the land which requires the installation of infrastructure, including deficient infrastructure, in accordance with the City's current development standards at the time of installation. Adopted by the City Council on July 12, 2016. ATTEST: Todd Voth, Mayor W. Robert Taylor, Finance Director CHRJSTOPHER F. RIES August 5, 2016 RIES LAW FIRM, P.S. POST OFFICE BOX 2119 324 SOUTH ASH STREET, SUITE B MOSES LA.KE, WASHINGTON 98837 (509) 765-4437 FAX (509)765-4491 E-MAIL: chrisr@rieslawfinn.com RECEIVED Mr. Gilbert Alvarado, Director Community Development Post Office Box 1579 COMMUNITY DEVELOPMENT /\ G 5 Moses Lake, Washington 98837 PLA NNING A~·'IJ BUILDING Re: Sagebrush Holding, LLC Dear Mr. Alvarado: I am writing to you on behalf of Sagebrush Holding, LLC, and its principal, Lee Gerber. On July 12, 2016, the City Council approved a resolution allowing Sagebrush Holding, LLC, to build on unplatted property located on 6171 South Frontage Road on condition that Sagebrush Holding, LLC, execute a covenant to extend water and sewer services to the property on demand of the City (the "Covenant"). The purpose of this letter is to request the City Council reconsider requiring execution of the Covenant as a condition to building on the property. The building site lies on the same property as Pacific Northwest Mechanical, LLC's, 12,000 square foot commercial shop located south of I-90 and across from the Moses Lake Country Club. At the time permission was sought to construct that shop, the City did not require such a covenant. The minutes from November 26, 2013 state: Gilbert Alvarado, Community Development Director, stated that the closest water and sewer is north of I-90. Because the area surrounding Mr. Hansen's property is owned by either the state or federal governments and development requiring water and sewer service to the area. He Pointed out that connection to city sewer is not required if the property is more than 200' from a sewer main, which is the situation with this property. City water service is not required if the property has water from a system approved by the Department of Health. There was some discussion by the Council concerning development in this area and it was pointed out that none of the property beyond Mr. Hansen's is even in the Urban Growth Area so the City is not anticipating in growth in that area. A copy of the resolution is enclosed for your convenience. Mr. Gilbert Alvarado August 5, 2016 Page 2 The circumstances have not changed. The property is bounded on the west by land owned by the United States of America, to the south by land owned by the State of Washington and to the north by I-90. The property has an approved well. As was the case in 2013, the City does not anticipate extending water and sewer service to the area. Accordingly, the Covenant will serve as an unnecessary cloud on title. For the very same reasons that the building permit was approved in 2013 without a covenant, Sagebrush Holding, LLC, and Mr. Gerber respectfully request the Council reconsider the July 12, 2016, resolution and waive the requirement of the Covenant. Very truly yours, RIES LAW FIRM, P Christopher F. Ries CFR:db Enclosure RECEIVED COMMUNITY DEVELOPMENT A r 5 PLANNINC ANC 8LilLDING CITY OF MOSES LAKE RESOLUTION NO. 3418 @ \/·;·1 ~-~RESOL~~ ALLOWING MICHAEL B. HANSEN TO BUILD ON UNPLATIED . ) ~ PROPERTY: ~ ! RECITALS: 1. Moses Lake Municipal Code 16.12.030 allows for the issuance of a building permit to a proponent who wishes to . build on unplatted property after a resolution from the City Council. 3. Michael B. Hansen has requested the City Council to allow building on unplatted property described as follows: . , " . · , · · · · -· · Tax #9205 in S1/2 81/2 less.Tax #12514 in Section 30, Township 19N, Range 28, E.W.M. 'RESOLVED: 1. That Michael B. Hanse n be allowed to construct a 12,000 s.quare foot commercial building on unplatted property located adjacent tq South Frontage Road East. ' . ':· . ,. .. Adopted by the City .Council on Novembe~ 26, 2013. RECEIVED COMMUNITY DEVELOPMENT 5 PLANNING Al\JC BUILDING CITY OF MOSES LAKE ,· (] COPY RESOLUTION -BUILD ON UNPLATTED PROPERTY -HANSEN 1/J& .,~J Mick Hansen requested permission to build a 12,000 square foot commercial shop building on V; S' unplatted property, described as Tax #9205, located south of 1-90 and across from the Moses Lake Country Club. There is private water and sewer available on the site. f. 71'(/S.,. The resolution allowing Michael 8. Hansen to build on unplatted property was read by title only. Gilbert Alvarado, Community Development Director, stated that the closest water and sewer is north of 1-90. Because the area surrounding Mr. Hansen's property is owned by either the state or federal governments and development r~quiring water and sewer is unlikely, the City has no plans to extend water and sewer service to the area. He pointed out that connection to city sewer is not required if the property is more than 200' from a sewer main, which is the situation with this property. City water service is not required if the property has water from a system approved by the Department of Health. There was some qiscussion by the Council concerning development in this area and it was pointed out that none of the property beyond Mr. Hansen's is even in the Urban Growth Area so the City is not anticipating in growth in that area. Action Taken: Dr: Curnel moved tha t the resolution be adopted, seconded by Mr. Avila , and passed · unanimously. RECEIVED COMMUNITY DEVELOPMENT I. 5 PLANNING J\ND BUILDING CITY OF MOSES LAKE TO COUNCIL Nov. 26, 2013 To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Director/Deputy City Manager August 23, 2016 MOTION Resolution -Molitor Request to Build on Unplatted Property Legislative History: August 23, 2016 Resolution Community Development has received a building permit application from Tim and Sarah Molitor for the construction of a single family dwelling at 3921 W. Peninsula Drive. The subject site does not currently meet our development standards and is unplatted. The Molitors have requested permission to build on unplatted property and have agreed to begin the platting process. Background 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. See attached . Fiscal and Policy Implications N/A Page 1of2 Options Results Option ·------"-· ---------·---+-------------· • Consider the building permit application Find that the request meets the provisions of request MLMC 16.02.040 and grant the building permit • Take no action No building permit is granted Staff Recommendation Staff recommends that the City Council approve the request for a building permit with the stipulation that the property be platted within one year. Attachments A. Building Permit Application B. Map c. Resolution Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Page 2 of 2 RESOLUTION NO. :::, LR 3 3 A RESOLUTION ALLOWING TIM AND SARAH MOLITOR TO BUILD ON UNPLATTED PROPERTY OWNED BY MOLITOR HOLDINGS, LLC 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 from the City Council. 2. Tim and Sarah Molitor requested the City Council to allow them to build on unplatted property owned by Molitor Holdings, LLC described as follows: Tax# 3441 Beginning at the intersection of the Southwesterly and the Northwesterly Boundary Line of Battery Orchard Tract 39, according to the plat thereof, thence Northeasterly along the Northwesterly boundary line of said Tract 39 a distance of 200 Feet to a Point of Beginning ; Thence continue along said Northwesterly boundary line a distance of 200 Feet; Thence Southeasterly parallel with the Southwesterly boundary line of said Tract 39 to the water line of Moses Lake; Thence Southwesterly along the water line a distance of 200 Feet measured at right angle from the Southwesterly boundary line of said Tract 39 ; Thence Northwesterly parallel with the Southwesterly boundary line to the Point of Beginning. RESOLVED: 1. That Tim and Sarah Molitor be allowed to construct a single family home on unplatted property owned by Molitor Holdings, LLC on the property described above, with the stipulation that the property be platted within one year. The permission granted is personal to Tim and Sarah Molitor and does not run with the land. Adopted by the City Council on August 23, 2016. ATTEST: Todd Voth, Mayor W. Robert Taylor, Finance Director u August10,2016 TO: FROM: Building Official Community Development Director Development Engineering Manager Fire Department Municipal Service Director Public Works Director Planning Department -Billie Jo u RE: Request to build on un-platted property located at 3921 W. Peninsula Drive- Tim and Sarah Molitor Tim and Sarah Molitor submitted a building permit application to construct a 5, 628 square foot, single family dwelling at 3921 W. Peninsula Drive. The property is un-platted. The original Battery Orchard Tract 39 has previously been divided into three parcels. The Molitor's submitted the attached request for City Council approval to build on the un-platted property. The request is tentatively scheduled for August 23, 2016 City Council Agenda. You are invited to review the referenced project information, and provide comments relevant to your department. Please provide your comments to the Planning Department no later than August 15, 2016. If you do not respond by this lime, we will assume that you have no comments regarding this case. Information provided will be presented to the City Council for their consideration for approval or denial of this request. Enc: Molitor request letter Site Plan Vicinity map Grant County GIS Records Building Permit Application Cc: Administrative Secretary To the Mayor of Moses Lake and Members of the City Council, My name is Tim Molitor and my wife Sarah and I currently have a permit in process to build a new residence on 3921 W. Peninsula Drive. Many of our contractors have already been scheduled out and we were hoping to start construction on this house as soon as it was approved from the City planning department. We recently were made aware by the City of Moses Lake that this property is currently designated as "not platted". Our records had indicated that this property was still under its original platting that was completed in 1916. Receiving this news from the City planning department was a big surprise to us. We have already begun the process to get this property re-platted accordingly. Our engineer is currently working on the plans and we hope to have this done within an estimated 3 months from today. With that being explained, this is what we are requesting from the city council: Would you please grant us permission to start construction on our residence while the platting process is being completed? This would enable us to keep on schedule with our contractors and get a roof on the house before winter weather arrives. We understand that this does involve some risk to us whereas the property is not platted yet; however, we would still request to move forward with the process. Thank you for your consideration and we look forward to building our future home. Kind Regards, Tim and Sarah Molitor ~~ECE t VED __: :· ·. : ~ f' f"'FV[L01..1MENT 1 0 .. . I ~· .. r: '·-' \r-,._ c .. iLDlNG '· : 't '-;,: lvlOSFS I M<F .. ,, \ LEGEND -AGENDA SITE ·----.. ._ ___ J CITY LIMITS -·-·~ '-·-·-' UGA BOUNDARY MOSES LAKE REQUEST TO BUILD ON UNPLATIED PROPERTY ("' .. Hoses t.AKE .. CITY OF MOSES LAKE COMMUNITY DEVELOPMENT PLANNING DIVISION Date: 712712016 CMS rcrraScan TaxSiflcr • Grant County Wr1shingto11 hup://grantwa.taxs ifler.coml Asscssor.aspx?kcyld02 l 638481 &parce l Nu ... of2 GRANT COUNTY WASHINGTON TAXSIFTER SIMPLE S!lARCH SALES SEARCH REETSlfTER COUNTY HOME PAGE CONTACT DISCLAIMER PAY ME MT CART!Ol Melissa McKnight Grant County Assessor P. o. Box 37 Ephrata, WA 98823 Assessor Treasurer Appraisal MapSifter Parcel#: DOR Code: Situs: 090319000 15 -Residential -MH Par k 3921 W PENINSULA DR Parcel Owner Name: Molitor Holdings LLC Addressl: 4121 W Peninsula Dr Address2: Map Number: City, State: Moses Lake WA Status: Description: Comment: Zip: 98837-3049 TAX:t 3441 BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY AND THE NORTHWESTERLY BOlJNDARY LINE OF BATTERY ORCHARD TRACT 39, ACCORDING TO THE PLAT THEREOF, TIIENCE NORTHEASTERLY ALONG THE NORTHWESTERLY BOLINDARY LINE OF SAID TRACT 39 A DISTANCE OF 200 FEET TO A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTHWESTERLY BOUNDARY LINE A DISTANCE OF 200 FEET; THENCE SOUTHEASTERLY PARALLEL WITH THE SOUTHWESTERLY BOUNDARY LINE OF SAID TRACT 39 TO THE WATER LINE OF MOSES LAKE; THENCE SOUTHWESTERLY ALONG THE WATER LINE A DISTANCE OF 200 FEET MEASURED AT RIGHT ANGLE FHOM THE SOUTliWESTERLY BOUNDARY LINE OF SAID TRACT 39; THENCE NORTHWESTERLY PARALLEL WITH THE SOUTHWESTERLY BOUNDARY LINE TO THE POINT OF BEGINNING. 2016 Market Value 2016 Taxable Value 2016 Assessment Data Land: $266,400 Land: $268,400 District: 0073 -0073 Improvements: $138,910 Improvements: $138,910 Current Use/DFL: No Permanent Crop: so Permanent Crop: so Senior/Disability Exemption: No Total $407,310 Total $407,310 Total Acres: 3.58000 Ownership Owner's Name Ownership 0/o Molitor Holdings LLC 100 % Sales History Sale Date Sales Document #Parcels Excise# Grantor Grantee Price 07/13/1 l 1288570 l 07/12/11 1288569 2 04/02/01 V: 0 Pg 0 2 09/26/95 V; 67 Pg 24 10 10/01/84 V:483Pg511 Permit No. 57 57 9812 9812 9650 9650 6 208096 208095 200116195 199513926 198409779 Beachcomber LLC Molitor, Matthew E BOBLITT, GERALDINE I Boblitt, David W Molitor Holdings, LLC Beachcomber LLC MOLITOR. MATTiiEW Boblitt, Geraldine lone BOBLITT, DAVID W/GERALDINE $325,000 $0 $600,000 $0 $100,000 Building Permits Date Description Amount 2/1/2000 PLACEMENT? $10,000.00 2/1/2000 PLACEMENT? $10,000.00 2/21/1992 PLACEMENT $1.00 2/21/1992 PLACEMENT $1.00 4/l 0/1991 STORAGE BLDG $10,500.00 4/10/1991 STORAGE BLDG $10,500.00 6/1/1904 PLACEMENT $1.00 6129/20 I 6 I l : 13 AM TcrraScan TnxSificr -Grnnt County Washington Year Billed Owner 2016 Molitor Holdings LLC 2015 Molitor 11oldmgs LLC 2014 Molitor Holdings LLC 2013 Molitor Holdings, LLC 20 12 Molitor Holdings, LLC View Taxes 2 of2 ,r--. http://grantwa.tnxsifter.com' Asses or.aiipx'!kcyld 1638-181 &parcel Nu ... """ Historical Valuation Info Land Impr. PcrmCrop Value Total Exempt Taxable $268,400 Sl38,910 so S407,310 so $407,310 S268,400 $140,730 $0 $•109, 130 so $409,130 $268,400 $140,985 $0 $409,385 $0 $409,385 $268,400 $141,445 so $409,845 $0 $409,845 $268,400 $141,000 $0 $409,400 $0 $409,400 Parcel Comments No Comments Available Property Images No Images found. 6/29/2016 11: 13 AM v ' RECE IVEt:Jy OF MOSES LAKE ~OMMUN ITY DE~~5NXevelopment 321 S Balsam St Jllt.J 'l .. ?n11 Moses Lake, WA 98837 "_'' 0 ' • I J (509) 764-3756 HOS~t k~f\JG AND 8~l'l.~~f71~·3 758 Fax Assessor's Tax Parcel Numbers(s): Legal Description/Subdivision Name: 0 CJ 0 S I c; o O (} ~-)? 7. I ______ _J _ Ft!.0 , A ,> .... Io.. 7?._ r- Praject Descrl ptlon :~~'~·~c~~~~C~o~c~>~-f~r-~~c~t~~~~~~-·-_-_-_J~.-~s~i~u~r~y~-~h~o~·~/~~~~-~~----~ -------·--- ~B_u_11d_1n_g_Pe_r_m1t ______ ,1-C_h_on_g~~n_2J:_c_ _ ·--. Grading ---------· Manufactured Home Permit _ Rcloc<1tlon . Sign Tenant (New/Change) j Other -------; Lot Area: '1_06 1 X 70u 1 Zoning: f(e;,:J (./I. f.;c../ Corner Lot?: NO Front: Setbacks \ 2 00 1 7 ~5 Right: /1 ,,!;·, Comer Lots) Rear: Left: Exterior Side: owner: Phone: f; tJ 9 _ "'7 '/ /. If 'i p ppllcant: 110 /;-hr.-[le;/) •A.g;5_0!~-·-·----____ f.:..L_L!:1o l 111·12. Fax: '1alllng Address: r ailing Address: '/ 2 J '7 FJC>Jcd--· D,-'-J l .S ,, E J. v-~r D,... __ _ ·uy, State, Zip 1ty, State, Zip • 1 v/,-s: > (_¢-/..:.. iv 4-Ci,) 8_.3 r;_ /vf'o_rc> 1.:.-~ ~ . W!;,_==· <'i 16 ~2 = = co""•~n "-~q:"!f"fr"(i":i"/J «hltect/Eogloeer. '"'"' 5, , _ z,z 5 :~:: I 1///' .. _jj_ct._17c11. ~-----··· ____ //(C<.'?(t;. J___ Fax: ~o> -.':1.f..L. - i!lllng /\ddress : ailing Address: l/Z.37 fA~b_ ·-· 2c ·-·---·--__ 2 I 817 __ /:-l.l/::/__ J~_.St_+ .) ..... ;!<.'. Ice? ity, State, Zip lty, State, Zip I? J /. I /'") I . 917 ""? I . . I o>e.> L&-./-c. iv,-4-'718' ~7 u 1 1 <-··-~"" ..,..!..V-(·~· ,<. '-' · ----, '-IA Sti.ltc Contractor L(censc# -·City l!uslncss License If ost of Project:$ cf" Ct:? C'C/ CJ j x lratlon date: -ContDct Name: / ( ;Vt oc 1 lofL Contact E-Mail: Building Information T I Slons eullding height to peak ccupancy Group onstructlon ype men 1 ').. ., v • 1 ~ f<e ,,·J~.,,...fJ I _ s-r/( K ____ 16.::L:_'l,.u_l_] _ _ '_!.!C:.J___ '"'~'n noor SQ ft nd floor sQ ft =]Unfinished basement sq It or stories ..... ...;;---G-·--:~J.. .?..£ z 8' .. 50 ··-F T__ -,_l_S-------~ -a-r;i gc sq ft ··------eek.sq ft-· overed ~o~h s7q fl C. ea U ourf-cc ;/ L1J. o o s_~ t= "( _____ G-_____ .. _fD .;__ _~ JL~· ' ... ----..!.-""--~ ' I u ze 200' x ?oo' y a septfr; system Yes ear: MECHANICAL ease Permit Fee: $23.50 (PtoaM tlldkaeld ttur nYlllllU of Uftltll....., applkaWc.) C/Heat Pump: ($10.50), ___ 1.=----- umace: ($10.50) haust Flnr: ($10.50) nit Heater: ($10.50·#--------- ood Stove/Insert: ($10.so, _____ _ vaporatlve COOier: (10.50). ______ _ aust Hood: ($10.so _______ _ (Commerdal) r.. _______________ _ PLUMBING ease Permit Fee: $20.00 (Please fndfated ltlo aumllu of llalt9 wflClfO appllcallro.) $7.00 ror ea nxture z en Sink:------------Ve.> wer: ($15.00), __ .,1--------- ater serw:e: __ C_1_,+7------ ntgat1on System:---------- vatory (hand sink): __ _.8 ______ _ ater Closet (tgifet): __ ...;5:;;....._ ____ _ ck Water Valve: (sewer):. ______ _ . If ck Flow Devfal/DOUble Chec:Jc: ------ ( '23-16 MSD WATER ENG BLDG DATE FIRE PlAN To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Kevin Fuhr, Chief of Police August 23, 2016 MOTION Request Authorization to Purchase Two Police Vehicles Legislative History: ' August 23, 2016 Motion Staff is requesting from council, authorization to purchase two Police Vehicles through the Municipal Lease/Purchase Agreement with Umpqua Equipment Leasing & Finance. The City has within its capacity of the initial lease, existing funds to purchase additional equipment. The City has determined that a true and very real need exists to replace two vehicles that are inoperable due to equipment failure. Background The Police Department currently has twelve patrol vehicles in its fleet. Of the twelve vehicles, two of them are permanently "out of service" due to major mechanical issues that would cost too mu ch to repair. Three of the vehicles have over 100,000 miles, three of the vehicles have over 90,000 miles and three of the vehicles have over 80,000 miles. The only patrol vehicle that has less than 80,000 is the former "Captain's" vehicle which was recently converted to a patrol vehicle due to the shortage of vehicles. Due to the age of our fleet we are experiencing major mechanical issues, extended periods of time at the city shop for maintenance and costly repairs. Page 1of2 Fiscal and Policy Implications The vehicle that is available immediately is a 2016 Ford Utility at Parker Ford and is factory equipped for $35,747.00, which is Washington State Contract pricing. The additional equipment that we would need to install, including labor should be approximately $17,000.00. The second vehicle would be purchased through the Washington State Contract and would cost approximately $55,000 with the required equipment. The grand total needed for the purchase and labor/installation is $107,747.00. The City's intent is to repay future debt obligations connected to the 2016 lease purchase agreement with state entitlement funds through the Criminal Justice Program. Options • • Option Accept the resolution so that vehicles can be purchased. Take no action. Staff Recommendation I Results the This would allow the department to replace the old patrol vehicles. Have a limited number of patrol vehicles available for officers. Staff recommends Council approve and authorize the City Manager to purchase 2 police vehicles utilizing previously authorized lease capacity. Attachments A. Addendum to the Municipal Lease -Purchase Agreement Equipment Schedule Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Page 2 of2 ADDENDUM TO THE MUNICIPAL LEASE-PURCHASE AGREEMENT EQUIPMENT SCHEDULE Equipment Description Lessor: Financial Pacific Leasing, Inc., DBA Umpqua Bank Equipment Leasing and Finance Lessee: City of Moses Lake Lease: Equipment Schedule to Municipal Lease-Purchase Agreement dated May 20th, 2016 QTY Serial# Description Purchase Price 2 TBD Police Sedans $110,000 To: From: Date: Proceeding Type: Subject: • First Presentation: • Action Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gary Harer, Municipal Services Director August 23, 2016 MOTION Request To Award Bid -Winona Lift Station Improvements 2016 Legislative History: August 23, 2016 Motion On August 17th staff opened bids for the Winona Lift Station Improvements -2016 project. The City received four (4) bids for the work. The bids ranged from $224,037.41 to $298,710.36. The Engineer's Estimate is $271,017.83. Background The 2016 budget includes $350,000 for updating, modifying, and improving the Winona Lift Station. This project will expand the wet well volume, replace the pumps and motor, and install new electrical, control, and telemetry systems at the 40 plus year old lift station. The City has successfully worked with Culbert Construction, Inc. out of Pasco in the past. Fiscal and Policy Implications The project will require budgeted funds to be spent. Page 1of2 Options Option I Results --·--.---App;~~~--a-'-m_o_t-io_n_ to a~~-~d-th~i-staff will -move-forward-·-;itt1-e-~~cuting -~-- Winona Lift Station Improvement -1 contract with the low bidder to complete the 2016 project. 1 work. --·--·----·-··-·--·---·---------------·----· II -----------------• Take no action. Staff will stop working on this project and wait I for further direction from City council. Staff Recommendation Staff recommends awarding the Winona Lift Station Improvement -2016 project bid to Culbert Construction, Inc. in the amount of $224,037.41. Attachments I A. I Bid Summary Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by legal Counsel • None Page 2 of 2 PROJECT NAME: Winona Lift Station Improvements -2016 PROJECT NUMBER: C-269 Schedule of lmorovements APPROX. ITEM ITEM DESCRIPTION SECTION QUANTITY 1 Mobilization 1-09 1 2 Traffic Control 1-10 1 3 Decommission Winona Lift Station 2-02 1 4 Remove Curb and Gutter 2-02 5 5 Remove Cement Concrete Sidewalk 2-02 5 6 Excavation and Embankment 2-03 1 7 Water 2-07 20 8 Shorina or Extra Excavation Class A 2-09 1 9 Trimminq and Cleanuo 2-11 1 1 O Crushed Surfacinq Top Course 4-04 20 11 HMA Patch Cl 3/8 Inch PG 64-28 5-06 5 12 Service Connection Pioe 1 Inch Diameter 7-15 20 13 RPBA and non-freeze post hvdrant 7-15 1 14 PVC Sewer Force Main 6 Inch Diameter 7-20 15 15 Connect to Existina 6 Inch PVC Force Main 7-20 1 16 Bypass Pumpinq 7-20 1 17 Valve Vault 7-21 1 18 Wet Well 7-21 1 19 Electrical, Controls, Telemetry 7-21 1 20 Proiect Paintina 7-21 1 21 Cement Concrete Curb and Gutter Tvoe A 8-04 20 22 Cement Concrete Sidewalk 8-14 5 23 Subtotal Schedule Sales Tax Total Schedule I ENGINEER'S ESTIMATE I UNIT UNIT PRICE AMOUNT L.S. $25,000.00 $25 000.00 L.S. $1,000.00 $1 ,000.00 L.S. $5,000.00 $5,000.00 L.F. $15.00 $75.00 SY. $50.00 $250.00 L.S. $5,000.00 $5 ODO.OD MG al $30.00 $600.00 L.S. $1,000.00 $1,000.00 L.S. $1 500.00 $1 5DO.DO Ton $30.00 $600.00 S.Y. $150.00 $750.00 L.F. $25.00 $500.00 EA $1,500.00 $1 500.00 L.F. $60.00 $900.00 EA $1 ,000.00 $1 ODO.DO L.S. $10,0DD.OO $10 ODD.OD L.S. $20,000.00 $20 000.00 L.S. $95 ODO.DO $95 000.00 L.S. $75,000.00 $75 ODO.DO L.S. $5 ODD.DO $5,000.DO L.F. $50.00 $1 ODO.DO S.Y. $100.DO $500.00 $251, 175.00 7.9% $19,842.83 $271,017.83 Culbert Construction, Inc. Moreno & Nelson Constr. POW Contracting DW Excavating, Inc. Pasco, WA Walla Walla, WA Pasco, WA Davenoort, WA UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT $27 232.04 $27,232.04 $24,000.00 $24,000.00 $14,000.00 $14,000.00 $37,350.00 $37,350.00 $954.96 $954.96 $4,800.00 $4,800.00 $2,300.00 $2,300.00 $ 2,500.00 $2,500.00 $8 465.12 $8 465.12 $18,000.00 $18,000.00 $14,500.00 $14,500.00 $15 ODO.DO $15 ODO.DO $129.25 $646.25 $28.00 $140.00 $50.00 $250.00 $ 100.00 $500.00 $129.25 $646.25 $28.00 $140.00 $50.00 $250.00 $ 150.00 $750.00 $1,973.04 $1,973.04 $7,000.00 $7,000.00 $8,500.00 $8,500.00 $10,000.00 $10,000.00 $0.00 $0.00 $50.00 $1 ODO.DO $25.00 $500.00 $ 150.00 $3,000.00 $3 070.72 $3 070.72 $1,000.00 $1 ,000.00 $2,500.00 $2,500.00 $ 2 000.00 $2 000.00 $1 973.04 $1,973.04 $1,500.00 $1,50D.DO $2,5DO.OO $2 500.00 $ 5 ODO.DO $5 000.00 $76.67 $1,533.40 $60.0D $1,200.00 $50.00 $1 ODO.DO $ 50.00 $1 ODO.OD $430.07 $2,150.35 $280.00 $1,400.00 $250.00 $1 ,250.00 $ 750.00 $3 750.00 $81.28 $1,625.60 $50.00 $1,DOO.OO $35.00 $7DO.OO $ 75.DO $1 500.00 $3,537.15 $3,537.15 $4,200.00 $4,200.00 $5,000.00 $5 ODO.DO $11 550.00 $11 550.00 $267.35 $4,010.25 $280.00 $4,200.00 $55.00 $825.00 $ 276.00 $4 140.00 $246.63 $246.63 $1 900.00 $1 ,900.00 $8,5D0.00 $8,500.00 $ 2 050.00 $2 050.00 $8 862.81 $8,862.81 $6,000.0D $6,DOO.OO $30,DOO.OO $30,000.00 $16 500.00 $16 500.00 $20,587.90 $2D.587.90 $32,000.00 $32 ODO.DO $58,50D.OO $58,50D.OO $56,000.00 $56,000.00 $47,470.01 $47,470.01 $48,000.00 $48,000.00 $43 ODO.DO $43 000.00 $32 900.00 $32,900.00 $63 094.22 $63,094.22 $58,000.00 $58,000.00 $52,000.00 . $52,0DD.OO $56 ODO.DO $56,000.00 $7 174.16 $7,174.16 $12 500.00 $12,5D0.00 $8,500.00 $8,500.00 $12 100.00 $12 100.00 $63.61 $1,272.20 $50.00 $1,000.00 $65.00 $1,300.00 $ 100.00 $2 000.00 $221.64 $1, 108.20 $100.00 $500.00 $15D.OO $75D.OO $ 250.0D $1,250.0D § $207 634.30 § $229,480.00 $256 625.00 § $276 840.00 $16,403.11 $18, 128.92 $20 273.38 $21 870.36 $224,037.41 $247,608.92 $276 898.38 $298,710.36 To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAl<E CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Director/Deputy City Manager August 23, 2016 MOTION 1140 W . Broadway-Platting Deemed Insufficient Legislative History: I August 23, 2016 i . 1 Motion Community Development has received a building permit application for the construction of three storage units at 1140 W . Broadway. The subject site does not currently meet our development standards and is deficient with required improvements in accordance with MLMC 16.020.110, Platting Deemed Insufficient. The site met our development standards at the time it was platted. There is no sewer main in this section of West Broadway. Background A building permit cannot be issued in accordance with MLMC 16.02.110, Platting Deemed Insufficient, unless the City Council finds that the provisions of MLMC 16.02.110 (A) and (B) have been met. See attached. Fiscal and Policy Implications N/A Page 1of2 Options ____ Option Results • Consider the improvement deferral The building permit can be issued request and find that the request meets the provisions of MLMC 16.02.110 {A) and (B). Grant a deferral of installation of improvements ---·----------·-----------------------------• Take no action No building permit is issued Staff Recommendation Staff recommends that the City Council approve a deferral of improvements and require a Covenant insuring future installation of deficient infrastructure in accordance with our development standards current at the time of installation. Attachments A. Building Permit Application B. Map c. MLMC 16.02.110 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Page 2 of 2 ORIGIN AL FOR STAFF USE CITY OF MOSES LAKE Community Development 321 S Balsam St Moses Lake, WA 98837 (509) 764-3756 I!,. ~ 'Application Date: ~ -jtJ-1 h MOSES L~KE (509) 764-3758 Fax ( 0 I+ V Assessor's Tax Parcel Numbers(s): cc Legal Description/Subdivision Name: l ,;:, 'T" L (!',-L c -~--- Project Description: _.:;,~s_.2 .... r,_5"""""---'c;--"'s_-1.__:::-_-~__._f';_..,.. _ _,.c;""'"''"'"'...,.;z.___.5'-T ......... r:=_.-c....__,._/ _ _,,HCJ=-<-...._, ,,,,_u...._1'_..e"-=S~V.""'CJC',.__-"""--=-7-,,<-:-<""-'----6 ......... u.._...-.~ Building Permit Change in Use Grading Manufactured Home Permit Relocation Sign Tenant(New/Change) Other Lot Area: Zoning: Corner Lot?: Front: Rear: Left: Right: Exterior Side: Setbacks /2-C Corner Lots) Fax : Phone: Fax: 705 /,d '2--:J ontact Name: ;C PROJECT INFORMATION Cost of Project: Building Information ccupancy roup # o stories Building Permit Applicatjon.pub 2015 ORIGIN AL CITY OF MOSES LAKE Community Development 321 S Balsam St Moses Lake, WA 98837 (509) 764-3756 Perm it Number :-4.''(/12'""""-''--'----"'-"'"-'----'--=-- l App Ii cation Date: g ~;ofi10 I Staff Representative:....,~,_,,_...,,'i._ ____ _ (509) 764-3758 Fax . I t CJ /p" Assessor's Tax Parcel Numbers(s): I I I t; I oo c> Legal Description/Subdivision Name: L _ CJ Project Description: 2....r ? 5 5 1.::2 f!rc e vv)l Building Permit Change in Use Grading Manufactured Home Permit Relocation Sign Tenant(New/Change) Other Lot Area: Zoning: Corner Lot?: Rear: Left: Right: Exterior Side: Setbacks 23 -.;? '-It .. t7 " I z._ "3 7S Corner Lots) :> OWNER/ APPLICANT INFORMATION Indicate who should be contacted regarding this project 'i . Fax: Fax: I /' ity, tate, Zip Lv-1~ -. Phone: Fax: 7 ontact Name: PROJECT INFORMATION Cost of Project: Building Information ccupancy roup # o stories I arage SQ ft overe Porch SQ ft Building Permit Application.pub 2015 c 'f. 0' MOSES LAKE Street Address: ORIGINA L CITY OF MOSES LAKE Community Development 321 S Balsam St Moses Lake, WA 98837 (509) 764-3756 (509) 764-3758 Fax Assessor's Tax Parcel Numbers(s): 3/11 loo c Legal Description/Subdivision Name: Building Permit Relocation Lot Area: Setbacks a .-.--L <:.-"" - Change in Use Sign Zoning: Front: Rear: 7S 5 ) Phone: ?C-Z---,... -z_ ~6?­ Fax: Grading Tenant(New/Change) Left: ZS Cost of Project: Building Information roup onstruction Type imensions s .. 1-e -e / Jo >l'2-S'v # o stones n oor sq ft arage sq overe Pore sq Building Permit Application.pub 2015 ) Manufactured Home Permit Other Corner Lot?: Right: Exterior Side: / tf6' Corner Lots) Fax: Fax: ( Bui ding heig t to pea 9 c ~/ n inishe basement sq Heat ource Bill's Self Storage 1140 W Broadway Ave Parcel 311151000 LEGEND -AGENDA SITE ·----~ ._ ___ J CITY LIMITS .... _, __ '-·-·.J UGA BOUNDARY MOSES LAKE PLATTING DEEMED INSUFFICIENT MOSES LAKE CITY OF MOSES LAKE COMMUNITY DEVELOPMENT PLANNING DIVISION Date: 811112016 CMS RECEj!VED,..c:~i )MMUN.ITY owVELOiµ·l ~'°''~ ~ "LANN D BUILDING j. 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Cl••1tu111• 1116:t.21) '•""~·::I/fl 111c11 rn.,. llM"ll:i11c 111• S.v11 h n coN11r •' U1• il'rl)tCl llU, tU u U lll!'I • 1011,~ NOTE: 1>11 COolllU<KtlOll 111111 C. -fVHO Ill ICttt'U IUI wl\11 IM 21a• wt:oer .,,.,...,.o "1~u1uu ... 1. ,.,. RIN L·I••• '"'" '°""IU••I c ... nr..c1,..,.· •• _.,.... Ill' ~"• """'" -t,.. C1t••'""'"•L-l<t l'>l•C-l\7lu·••t-lllllHy !;t1MH'I• 1' o C..., llCl VIHI. t•v c~•r~t•r V..U n?•lly tt-o OHJu o• "''"'"" '°'OC.11.C: in.tn.frl"O --~·, 0•1ar ti Ot'-OCIHI~. wit"' Ul\U ..... cuc~ BASLS OF BEARINGS 111• .... ,.,,,.•' .. "'•r oe· t: !or'"', .. ,,. •. H11• Olf!.HI~• Oo-i.·1 •"•11 1"'-.... ftl" •.fl• hhr l IH1ot l'llrt •ht H fo.:.r>I _ .. ,...._1noro•·u .. -r 11J~1 NOTE: SHEET INDEX c1.1 •ett:r 11111,,l•t-111•u••• C1.~ Go-""l"I .... ~ Cl l ~•toYt ll)tf' n , C'•n1trvcu•11 0otu111 C:l.:IC:o,,•t.-...:u ... c.t.111 U ,J.,.Ol*"l $fU llh-H10lle Cl.\ ~•n~u~I,,. Plffl t~• . ' S'CALC llf rn:r '1-'·"lOUltl"-,'IJIVAL • J" 7.".!s .,.1.1>. ..... Ool• APPROVED FOR CONSTRUCT10N:-cit; .. i\igin.tr APPROV£O roflil COhST"UCTJOfl.. .~£.~tr City Fil"e Morahol Oot• R- ~-I· I >-11 ~ ~ " ; <C 0 " II: .. ;>-< IXI -n "-~ ~ ~ ~ z"' e ·;;; I 0 .., u " u ~ ~ ~ I t:JoS,~ z fij s " >-~ ·~ < ~ ..'l ;; .i;::: x c;; '" !fl ' >< .. ~ "' z 0 u •••le....,~, ...... ,. .. -/NIO A u.It ... •r NlleC :::~C\ --~r•:::: j ' """· 1·. " """"· ,-•IV' s~•·' ,,._.,.t SHEET NO. Cl.1 HUIU 3 ~ j '.A~ + l ~ \II"' ~:5',,j-' (!J 0 ..J al w ~ ~ s: 0 ~ 0:: ID ~ 0 ~ .... .... ~ To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Dir. /Deputy City Manager August 23, 2016 Request for Direction Colville Confederated Tribes -Municipal Services Agreement Legislative History: August 23, 2016 Presentation City staff, City Attorney, members and legal representatives of the Colville Confederated Tribes (Tribe) recently met to go over the Draft Municipal Services Agreement (MSA) between the City of Moses Lake and the Tribe. The MSA has been edited by both parties over the last few months and is almost at a point where both parties can move forward with presenting a Final MSA to our respective Council's. The main points of the MSA involve: 1) delivery of water/sewer service; 2) Providing Fire and Emergency services; 3) Providing Police services support; 4) Funding mechanism for municipal services provided to the Tribe by the City of Moses Lake. Background: The United States Department of Interior, Bureau of Indian Affairs, approved the Tribe's request to convert the subject site to Tribal Trust Land in 2014. The subject site is not physically contiguous to the Colville Reservation and in order to proceed with development of the site, the Tribe requires Page 1of2 municipal services from the City of Moses Lake. Discussions with the Tribe have been occurring over the last few years with regards to how the municipal services needed by the Tribe would be in place and under what terms they would occur. Fiscal and Policy Implications The delivery of municipal services has fiscal implications due to the unique situation with the development site, which is Tribal Trust Land and is exempt from certain State, County and local taxes. In order for the City of Moses Lake to provide municipal services to the Tribe, there must be a fair and equitable funding mechanism in place in order to do so given the tax status of the Tribal Trust Land. Those properties paying State, County and local taxes are paying for the delivery of municipal services through taxation and permits. Options ·--------O~p_t1_·0!!._ __________ _ Results • N/A N/A . ··---··--.. ·····---···-+---··--------··------·-- • N/A N/A Staff Recommendation This is only a staff presentation. There is no staff recommendation or Council action required. Attachments A. none Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by legal Counsel N/A Page 2 of 2 To: From: Date: Proceeding Type: Subject: • First Presentation: • Second presentation: • Action: Staff Report Summary CITY OF MOSES LAKE CITY OF MOSES LAKE STAFF REPORT John Williams, City Manager Gilbert Alvarado, Community Dev. Director/Deputy City Manager August 23, 2016 MOTION 2016 Comprehensive Plan Amendments-Request for Direction Legislative History: j August 9 2016 I August 23, 2016 i Motion Administration and Community Development have been directed by the City Council to bring forward a specific Comprehensive Plan (Comp Plan) Land Use Designation amendment to be considered with the 2016 Comprehensive Plan amendments. The proposed Land Use Designation amendment is to a portion of property adjacent to the Municipal Airport that is owned by the City of Moses Lake. The site specific request is coming in after the March 31st deadline established under Chapter 10, Maintenance of the Plan. Currently, the Planning Division is working on the 2016 Comp Plan amendments. Background The Growth Management Act (Act) specifies mandatory updates for those Cities and Counties required to plan under the Act. We amend our Comp Plan on a more frequent basis than what is required by law due to local conditions and changes in policies and or development. Currently, the City of Moses Lake is in compliance with the Act and not required to officially review the Comp Plan until 2018. Comp Plan amendments vary in review and analysis and some, such as UGA amendments that require coordination between Grant County and the City of Moses Lake. It was the time required to coordinate between Page 1of2 County and City that prompted the March 31st deadline. Both Grant County and the City of Moses Lake adopted the March 31st deadline for Comp Plan amendments in order to establish some consistency between Agencies and also provide adequate time to process amendment requests. Fiscal and Policy Implications N/A Options --1-----------· ---------Results ·---··---·-----·--·------_EE!!~n ______ _ • Consider and approve the request to Comp Plan amendment moves forward through allow for a Comp Plan amendment past the process and public hearing. the March 31st deadline. • Consider the request and take no action. Property remains under current Comp Plan Land Use Designation and Zoning. Staff Recommendation Staff recommends that City Council approve the request to include the proposed Comprehensive Plan amendment with the 2016 amendment cycle. Attachments Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Page 2 of 2 ---;-------------/ I ' , . , ____ ........ ( ' RD5NE - -.. -;---.. -~--..... --.. -.... - ---.... - -.. -... --..... -.... - .. - -.. -... -.. --: .. - ----=--.... --. • I I I . . 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