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07282015 Part 2July 22, 2015 Honorable Mayor and Moses Lake City Council Dear Council Members CITY OF MOSES LAKE Attached is a resolution providing for the abatement of nuisances at 1126 W. Cascade, owned by Jeremiah Strzelczyk. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. The resolution is attached for Council consideration. Respectfully submitted Gilbertr& Interim City Manager GA:jt City Manager 764-3701 ·City Attorney 764-3703 ·Community DeYelopment 764-3750 ·Finance 764-3717 ·Fire 765-2204 Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 . Police 764-3887 ·Fax 764-3739 401 S Balsam St .. P.O. Drawer 1579 . Moses Lake, WA 98837-0244 . www.cityofml.com RESOLUTION NO. 3 l) ?S A RESOLUTION DETERMINING THAT JEREMIAH STRZELCZYK AND STEPHANIE SIELOFF ARETHE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 1126 W. Cascade Avenue (Lot 15, Block 10, Guffin Eccles Add. #2), Parcel #09167 4000, 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 Jeremiah Strzelczyk and Stephanie Sieloff), P. 0 . Box 1819, Moses Lake, WA 98837. 2. Notice. On May 27, 2015 the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On July 6, 2015 the Code Enforcement Officer caused to be delivered to Jeremiah Strzelczyk a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of July 28, 2015. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 U -Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. RESOLUTION NO. Page 2 July 28, 2015 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. 4. Hearing. On July 28, 2015 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. 5. Evidence: 5.1. The following persons testified under oath: Clair Harden, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved: EXHIBIT #1 : Moses Lake Municipal Code Chapter 8.14.030 U EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 27, 2015 from the Code Enforcement Officer addressed to Jeremiah Strzelczyk, P. 0 . Box 1819, Moses Lake, WA 98837. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1126 W . Cascade Avenue, Moses Lake, Washington. EXHIBIT #4: Letter dated July 6, 2015 from the Code Enforcement Officer to Jeremiah Strzelczyk advising the property owner of the hearing regarding abatement of property, scheduled for July 28, 2015. 1. A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 1126 W. Cascade Avenue, Moses Lake, Washington. Jeremiah Strzelczyk and Stephanie Sieloff, P. 0 . Box 1319 Moses Lake, WA 98837 are the record contract owners of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: 2 .1. Weeds in excess of 12" 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. RESOLUTION NO. Page 3 July 28, 2015 4. Jeremiah Strzelczyk and Stephanie Sieloff, the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 4.1 removal of weeds 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the clean up required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. A copy of this resolution shall be provided to the record contract owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on July 28, 2015. Dick Deane, Mayor ATTEST: W. Robert Taylor, Finance Director 8.14.030 U. Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer deter- mines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may requ ire or provide for the abatement thereof pursuant to this chapter. 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. Exhibit 1 Page 1 of CITY OF MOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Jeremiah Strzelczyk PO BOX 1819 Moses Lake, WA 98837 NOTICE OF VIOLATION Provisions of the City of Moses Lake Code Violated: Moses Lake Municipal Code 8.14.030U Street Address of Violation: 1126 W Cascade Ave, Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: Lot 15 Block 10 Guffin Eccles ADD #2 091674000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Grass and weeds must be cut down in all these areas. Time by Which Violation is to be Corrected or Activty Ceased The City is requiring these corrections listed on this Notice and Order be accomplished by Saturday,June,06,2015 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: Exhibit 2 Page 1of2 City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3750 ·Finance 764-3717 ·Fire 765-2204 Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 ·Police 764-3887 ·Fax 764-3739 401 S Balsam St .. P.O. Drawer 1579 ·Moses Lake, WA 98837-0244 · www.cityofml.com 1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [l.20.050(E)(l)]. 2. If a penalty has been assessed pursuant to l .20.050(E)(l), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (10) DAYS, PURSUANT TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN THIS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CNIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIATE ACTION. Dated this Wednesday, May 27, 2015 Brett Hollen Code Enforcement City of Moses Lake 509-764-3748 Exhibit 2 Page 2 of 2 a a it 3 3 of4 July, 06, 2015 Jeremiah Strzelczyk PO BOX 1819 Moses Lake, WA 98837 C ITY O F MOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 1126 W Cascade Ave, Parcel 091674000, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail Jeremiah Strzelczyk 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 15 Block 10 Guffin Eccles ADD #2. This property is located at: 1126 W Cascade Ave, Parcel 091674000, Moses Lake, WA 98837 On Wednesday, May 27, 2015 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of July 06, 2015, the nuisance located on the subject property has not been corrected or removed. Pursuant to Moses Lake Municipal Code (MLMC) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Council at the Council's regular meeting on Tuesday, July 28, 2015 which is more than ten days from the date of this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of the subject property. At that hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone 509-764-3701. Sincerely, . o_w~J Clair Harden Code Enforcement Officer 1 cc: City Manager City Attorney Community Development Director Exh ibit 4 City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3750 ·Finance 764-3717 ·Fire 765-2204 Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 ·Police 764-3887 ·Fax 764-3739 401 S Balsam St .. P.O. Drawer 1579 ·Moses Lake, WA 98837-0244 · www.cityofml.com July 22, 2015 Honorable Mayor and Moses Lake City Council Dear Council Members CITY OF MOSES LAKE Attached 1s a resolution providing for the abatement of nuisances at 1208 S. Alderwood, owned by Conrad Zavala. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. The resolution is attached for Council consideration. Respectfully submitted (fly Gilbert Alvarado Interim City Manager GA:jt City Manager 764-3701 ·City Attorney 764-3 703 -Community Development 764-3750 ·Finance 764-3717 ·Fire 765-2204 Municipal Services 764-3783 . Municipal Court 764-3701 . Parks & Recreation 764-3805 ·Police 764-3887 . Fax 764-3739 401 S Balsam St .. P.O. Drawer 1579 ·Moses Lake, WA 98837-0 244 . www.cityofrnl.com RESOLUTION NO. 3 5 3 {p A RESOLUTION DETERMINING THATCONRADZAVALAISTHE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 1208 S. Alderwood Drive (Lot 17, less S 15' & W 10", Block 5, Columbia Homes Addition #2), Parcel #091171000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 U. The records of Grant County show the owner of the subject property to be Conrad Zavala, 1208 S. Alderwood Drive, Moses Lake, WA 98837. 2. Notice. On May 27, 2015 the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On July 7, 2015 the Code Enforcement Officer caused to be delivered to Conrad Zavala a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of July 28, 2015. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 U -Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other RESOLUTION NO. Page 2 July 28, 2015 vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and wh ich shall be approved by the city prior to any plowing , discing , or scraping , is implemented immediately. 4. Hearing. On July 28, 2015 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. 5. Evidence: 5.1. The following persons testified under oath: Rick Rodriguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved: EXHIBIT #1 : Moses Lake Municipal Code Chapter 8.14.030 U EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 27, 2015 from the Code Enforcement Officer addressed to Conrad Zavala, 1208 S. Alderwood Drive, Moses Lake, WA 98837. EXHIBIT #3 : Pictures taken by Code Enforcement Officer of the property located at 1208 S. Alderwood Drive, Moses Lake, Washington. EXHIBIT #4 : Letter dated July 7, 2015 from the Code Enforcement Officer to Conrad Zavala advising the property owner of the hearing regarding abatement of property, scheduled for July 28, 2015. 1. A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 1208 S. Alderwood Drive, Moses Lake, Washington. Conrad Zavala, 1208 S. Alderwood Drive is the record contract owners of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: 2 .1. weeds in excess of 12" in height 3. The ma intenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 4. Conrad Zavala, the record contract owner, has fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: RESOLUTION NO. Page 3 4.1 removal of weeds July 28, 2015 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the clean up required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. A copy of this resolution shall be provided to the record contract owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on July 28, 2015. Dick Deane, Mayor ATTEST: W . Robert Taylor, Finance Director 8.14.030 U. Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer deter- mines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. 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 w ill 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. Exhibit 1 Page 1 of CITY OF MOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Conrad Zavala 1208 S Alderwood Dr Moses Lake, WA 9883 7 NOTICE OF VIOLATION Provisions of the City of Moses Lake Code Violated: Moses Lake Municipal Code 8.14.030U Street Address of Violation: 1208 S Alderwood Dr, Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: Lot 17 LS SIS' & WlO' Block 5 Columbia Homes Add #2 091171000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Weeds must be removed from these areas. Time by Which Violation is to be Corrected or Activty Ceased The City is requiring these corrections listed on this Notice and Order be accomplished by Saturday,June,06,2015 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: Exhibit 2 Page 1 of 2 City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3750 ·Finance 764-3717 ·Fire 765-2204 Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 ·Police 764-3887 ·Fax 764-3739 401 S Balsam St.· P.O. Drawer 1579 ·Moses Lake, WA 98837-0244 · www.cityofml.com 1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [ 1.20.050(E)(l )]. 2. If a penalty has been assessed pursuant to 1.20.050(E)(l ), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL TIDS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (10) DAYS, PURSUANT TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN THIS MA TIER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIATE ACTION. Dated this Wednesday, May 27, 2015 ~ • Brett Hollen Code Enforcement City of Moses Lake 509-764-3748 Exhibit 2 Page 2 of 2 July, 07, 2015 Conrad Zavala 1208 S Alderwood Dr Moses Lake, WA 98837 CITY OF MOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 1208 S Alderwood Dr, Parcel 091171000, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail Conrad Zavala 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 17 LS S15' & WlO' Block 5 Columbia Homes Add #2. This property is located at: 1208 S Alderwood Dr, Parcel 091171000, Moses Lake, WA 98837 On Wednesday, May 27, 2015 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of July 06, 2015, the nuisance located on the subject property has not been corrected or removed. Pursuant to Moses Lake Municipal Code (MLMC) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing before the Moses Lake City Council at the Council's regular meeting on Tuesday, July 28, 2015 which is more than ten days from the date of this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of the subject property. At that hearing all persons interested in the abatement of the nuisance existing on the subject property will have the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider, whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City Council will determine if an abatement of a nuisance located on the subject property should take place and when. TIDS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN YOUR PROPERTY. If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, WA, phone 509-764-3701. Sincerely, riguez Code Enforcement Officer cc: City Manager City Attorney Community Development Director Exhibit 4 City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3750 ·Finance 764-3717 ·Fire 765-2204 Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 ·Police 764-3887 ·Fax 764-3739 401 S Balsam St.. P.O. Drawer 1579 . Moses Lake, WA 98837-0244 . www.cityofml.com July 23, 2015 TO: City Manager For City Council Consideration FROM: Municipal Services Director SUBJECT: Request to Call for Bids Storm Drainage Project -2015 Staff is nearing completion of the plans and specifications for the Storm Drainage Project -2015. Schedule A includes the construction of a stormwater retention pond, a grassy swale, a drywell at five locations and replacement of eight storm drain manhole castings. Additive 1 is included in the bid to allow the installation of drywells at two locations if bids come in favorable. This work will take place throughout the City to reduce the stormwater capacity issues, outfalls, and drainage to the lake The estimated construction cost for Schedule A is $145,000 and $25,000 for Additive 1. The specifications will be available at the engineering office for review. Staff requests authorization to advertise this contract for bids. Respectfully Submitted, \\ 2;.,e::lsh MW\ Municipal Services Director cc AMSD Engineering Tech. III, Jeffery Holm July 23 , 2015 Honorable Mayor and Moses Lake City Council Dear Council Members CITY OF MOSES LAf<E Attached is a memo from Anne Henning, Senior Planner, with regard to our Final Shoreline Master Program comments received during the Washington State Department of Ecology (DOE) notice period. We delayed responding to the DOE comments until such time as some of our in-house staff adjustments could be made. DOE was made aware of changes in administration and granted an extension to our response. The City Council may wish to consider the staff responses to the DOE comments received during the comment period. If the Council wishes to amend the staff responses, the Counci l should provide direction to staff on how to proceed . This matter is presented for Council consideration. The Council may wish to consider the Final Shoreline Master Program DOE questions and responses. Respectfully submitted rk Gilbert Alvarado Interim City Manager GA:jt City Manager 764-3 701 · City Attorney 764-3 703 · Community Development 764-3 750 . Finance 764-3 717 . Fire 765-2204 Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 . Police 764-3887 . Fax 764-3739 401 S Balsam St .. P.O. Drawer 1579 . Moses Lake, WA 98837-0244 . www.cityofml.com To: Community Development Director for Council Consideration From: Senior Planner-Henning ~ Subject: Shoreline Master Program Update Response to Comments Received Date: July 24, 2015 One of the steps of the process to update a Shoreline Master Program (SMP) is that the Department of Ecology holds a public comment period on the draft SMP. At the close of that comment period, Ecology provides the jurisdiction with a summary of the comments received . The jurisdiction then must provide a response to those comments, along with a final draft of the SMP for Ecology's review and approval. Ecology held a public comment period on the City Council's draft SMP, and provided a summary matrix of the comments. There were only five commenters, four agencies and one member of the public. The agencies were: • Washington Department of Fish & Wildlife • Washington Department of Natural Resources • Confederated Tribes of the Colville Reservation • Washington Department of Archaeology & Historic Preservation Attached is the summary of comments provided by Ecology, and the City's proposed response to each comment (4th column). The response to comments is due to Ecology by July 30. Because the Council is the body ultimately approving the SMP, the Council should review staff's draft responses. City of Moses Lake SMP Update -Comments received during State public comment period Comment Name of Specific Comment Local Government Response and Rationale Ecology Topic Commenter Response Docks Rick "In section 6-70-01 it states that public access includes Public access does not include access to private Trenbeath, docks that touch the water. If this is true for resident docks. Local resident, docks then who is liable if they get hurt?" Lakeshore Dr. Noise Rick "Section 6.2 Talks about noise caused by industrial Music played by boats is not "development" that is Trenbeath manufacturing but what about the boats on the lake regulated by the SMP. See Moses Lake Municipal that play very very loud music?" Code 8.28, Noise Control, for existing noise regulations. Non Rick "Can you tell me were in the proposal you read the Non-conforming use provisions are in Chapter 12, Conforming Trenbeath Grandfather info." (Upon further conversation with Mr. Section 12-60. Uses Trenbeath, he is referring to the status of non- conforming uses and structures). Allowed Uses Eric Pentico -WDFW recommends water-dependent (recreation) and Transportation facilities are only allowed in the -Natural Washington transportation facility uses not be allowed in areas natural environment as a conditional use permit Department designated as Natural within the City of Moses Lake. (See Table 9.2, Ch. 9, p.13). Approval of conditional of Fish & "Natural environments in the City of Moses Lake contain use permits is limited to those that can meet the Wildlife the most intact riparian environments within the city criteria listed in 12-20-050, including no significant and provide the best protection to riparian area adverse effects to the shoreline environment, functions. However, according to table 9.3, buffers in including cumulative impacts of similar projects Recreation Areas for water-dependent uses are allowed (Ch.12, p.4). The Transportation Facilities provisions to be reduced to O'. Transportation facility setbacks are in 7-110 (Ch.7, p.16-18) minimizes roads and allowed to be reduced to 100' or 150'. Higher int ensity bridges in all shoreline environments. The water-dependent uses which require buffer widths to be Cumulative Impacts Analysis (Oct. 2013) found no reduced to O' and transportation facility uses are not net loss of shoreline functions is anticipated to physical alterations which 'serve to protect or enhance result from the maintenance or development of any significant, unique, or highly valued feature ... ', which transportation uses (p.33). is the stated policy for natural environment areas in the City of Moses Lake." By its definition, a water-dependent use cannot exist in a location that is not adjacent to the water. Water-dependent uses can't have a setback from the water, or they won't work. So the setback can't be increased. Water dependent recreation uses are only allowed in the natural environment as a conditional use permit (See Table 9.2, Ch. 9, p.12). 1 7-20-15 Approval of conditional use permits is limited to those that can meet the criteria listed in 12-20-050, including no significant adverse effects to the shoreline environment, including cumulative impacts of similar projects (Ch.12, p.4). The Recreational Uses provisions in 7-90 (Ch.7, p.12-13) require no net loss of shoreline ecological functions, compatibility, and minimizing any adverse environmental effects. Recreation is limited to uses that complement their surroundings and protect natural areas {Policy #5). Protection of the natural character, resources, and ecology of the shoreline is addressed in Policy #10. The Cumulative Impacts Analysis (Oct. 2013) found no net loss of shoreline functions is anticipated to result from recreational uses (p.30). Setbacks-Eric Pentico -WDFW recommends Aquaculture, Boating Facilities, and Aquaculture: We could prohibit this in the SR-S SR-S WDFW Recreation water-dependent uses not be allowed unless designation. It was our understanding that we were absolutely necessary in SR-S designated areas within the supposed to allow/encourage aquaculture as a City of Moses Lake and that required buffers for priority use in shorelines. recreational trails be expanded to a minimum width of 25'. "Shoreline areas designated SR-Swithin the City of Boating Facilities: The only boating facilities Moses Lake demonstrate some ecological impairments, allowed in SR-Sare boat lifts. It is our but ' ... they also retain important ecological functions understanding that boat lifts have very minimal and have high potential for ecological protection and impact. restoration because they include relatively large tracts that have not been subdivided or include large wetland Recreation: Same as for Natural, above. areas.' (Table 9.1) Proposed buffers listed in Table 9.3 for SR-5 designated areas that could hinder properly Buffers for trails: All recreational uses in the SR-5 functioning ecological conditions or interfere with future designation, including trails, are conditional uses, restoration efforts include the allowed buffer reduction so all the safeguards listed above for Recreational for Aquaculture water-dependent structures and Uses in the Natural Designation are in place. facilities to O', Boating water-dependent facilities to O', and Recreation water-dependent uses and paths and trails reduced to O' and 15'." Setbacks -Eric Pentico -WDFW recommends buffers for water-related, water-65' buffers in SR-R: Most of the proposed buffers in 5R-R WDFW dependent and water enjoyment structures and facilities SR-Rare 50' or more. The proposed residential in areas that are currently functioning properly or may buffer in 5R-R is 25', 50', or 100', depending on the 2 7-20-15 possibly be restored to proper functioning conditions be existing conditions. In places where there are set at a minimum of 65' wide and buffer widths for existing houses built 25' back from the water and paths and trails should only be allowed to be reduced to only a few scattered vacant lots, the buffer was set 25'. "Residential uses should have the buffers expanded at 25', since there isn't ecological function left to to a minimum of 65' to retain most functioning preserve in those areas. The places that did have conditions and allow for adequate restoration of ecological function remaining were set at 50' or degraded areas. SR-R designated lands, similar to SR-S 100', depending on how much of a buffer currently lands, demonstrate impairments to ecological functions, exists. This varying-width buffer was a but 'They retain important ecological functions and have recommendation based on the Cumulative Impacts the potential for development that is compatible with Analysis. See Recommendations to Meet No Net ecological protection and restoration.'(Table 9.1) Loss of Ecological Functions in the City's Shoreline Proposed buffers in table 9.3 that could hinder properly Master Program, Oct. 31, 2013, by The Watershed functioning ecological conditions and impair potential Company. restoration efforts include O' and 50' buffers for Aquaculture water-dependent and water-related 25' trail buffer: The Cumulative Impacts Analysis structures, 50' Commercial water-related and water-(Oct. 2013) found no net loss of shoreline functions enjoyment buffers, and 35' & 10' Recreation water-is anticipated to result from recreational uses oriented uses and Recreational path/trail buffers. In (p.30). addition, 25' and 50' buffer widths are allowed for dwelling units and non-water-dependent accessory structures in Residential uses areas." Setbacks -Eric Pentico -WDFW recommends buffers in areas retaining some 50'buffer Aquaculture, 50' Commercial: There are H-R WDFW properly functioning ecological conditions or may be only a few areas designated H-R. All of these areas restored should be set for water-related, water-are zoned Commercial or Industrial. However, in dependent and water-enjoyment structures and the H-R designation, all commercial uses, even Recreation water-oriented uses to a minimum 65' buffer water dependent, are only allowed by conditional width. Buffer widths for Recreation paths and trails use permit. Approval of conditional use permits is should only be allowed to be reduced to 25'. WDFW limited to those that can meet the criteria listed in recommends buffers in Residential areas be expanded to 12-20-050, including no significant adverse effects a minimum of 65' to retain most functioning ecological to the shoreline environment, including cumulative conditions and allow for adequate restoration of impacts of similar projects (Ch.12, p.4). degraded areas. "H-R designated lands demonstrate Commercial developments are required to be impairments to ecological functions, but 'They retain designed, constructed, operated, and maintained important ecological functions and have the potential to ensure no net loss of shoreline ecological for development that is compatible with ecological functions (7-40-020 Policy 8, p.5; 7-40-030 protection and restoration.' (Table 9.1) The proposed Regulation 2.d, p.6). buffers listed in Table 9.3 that could hinder properly functioning ecological conditions and impair restoration 35' Recreation: Only water-dependent recreation is 3 7-20-15 efforts include 50' buffers for Aquaculture water-related allowed outright, water related or water enjoyment structure and facilities, 50' buffers for Commercial recreation uses are CUPs, with all the protections water-dependent and water-enjoyment structures, and listed above for CUPs. 35' & 10' buffers for Recreation water-oriented uses and Recreational paths/trails. For Residential use areas, 10' Trail: All water related and water enjoyment buffer reductions to 25' are proposed for dwelling units recreation uses, including trails, in the H-R and non-water dependent accessory structures." environment are conditional uses, so all the safeguards listed above for Recreational Uses in the Natural Designation are in place. The Cumulative Impacts Analysis (Oct. 2013) found no net loss of shoreline functions is anticipated to result from recreational uses (p.30). 25' Resi dential: Residential uses, while allowed by the draft SMP in H-R, would be highly restricted by the Commercial and Industrial zoning so would be unlikely to be proposed. Setbacks Eric Pentico -WDFW recommends that a 65' buffer be required to Trail buffer: The proposed buffer for recreational WDFW retain most functioning ecological conditions and allow paths and trails is the same in SR-Das in the for adequate restoration potential of degraded areas. Natural Environment. "The SD-D designated areas have ' ... been found to be relatively intact as regards ecological functions.' and Residential buffer: If reviewing the proposed I ... has high potential for planned development that residential buffer as part of the Planned combines limited residential use with ecological Development is not sufficient, a specific minimum protection and restoration.'(Table 9.1) Table 9.3 distance could be set. indicates ecological functions and restoration potentials are being adequately protected in most cases. A planned development permit is required for Residential uses." Boating Hugo Flores-7-30 Boating Facilities. 7-30-020.(1) Policies. Page 3. "Maximum feasible" will be removed. Facilities Department Provide criteria that defines how "maximum fea sible of Natural protection and enhancement" will be achieved or Resources remove the "maximum feasible" qualifier. Boating Hugo Flores-7-30 Boating Facilities. 7-30-020 (6). Policies Page 3. Per State direction, policies are "should" Facilities DNR Consider using "shall be prohibited" rather than statements. The "shall" statement comes in the "should" with reference to floating homes, houseboats, regulation. Floating homes are prohibited in all and liveaboards. environment designations in Table 9.2 (under Boating Facilities). A regulation could be added to 7-30-030, the regulations that implement the 4 7-20-15 policies in 7-30-020. Boating Hugo Flores-7-30 Boating Facilities. 7-30-030 (3). Regulations. Page 4. The minimum for a private dock could be very Facilities DNR Provide a numerical value for the minimum required for different from the minimum needed for a a dock-to-shore-attachment site abutment. commercial or public access dock. Boating Hugo Flores-7-30 Boating Facilities. 7-30-030 (5). Regulations. Page 4. DNR will be added to the list of agencies. Facilities DNR At " ... The City shall request technical assistance from agencies with jurisdiction ... ", consider adding DNR to the list of agencies. Boating Hugo Flores-7-30 Boating Facilities. 7-30-030 {13). Regulations. Page We disagree that a boathouse is a residential use. Facilities DNR 4. At " ... Boat houses, as non-water dependent Our definition of a boathouse is a structure over or structures, are prohibited.". Consider clarifying how a immediately adjacent to water, used to store boathouse can be used as a non-water dependent use. watercraft {Ch. 13). Boats can be stored upland, Suggests "Boathouses, as a residential use, are therefore boathouses are not needed and are prohibited." as replacement text. prohibited. Commercial Hugo Flores-7-40 Commercial Uses. 7-40-030 {l){b). Regulations. We would be open to suggestions for criteria for Uses DNR Page 5. Regards prohibition of non-water-oriented uses assessing severe limitations on navigability. where "Navigability is severely limited at the proposed site ... ". Provide criteria for assessing severe limitation on navigability. Archeological Eric "Please be advised that your proposed undertaking Noted. and Historical Oosahwee-{SMP update) lies within the traditional territory of the Resources Voss -Colville Moses-Columbia tribe, one of the twelve tribes that Confederated make up the Confederated Tribes of the Colville Tribes Reservation (also known as the Colville Confederated Tribes or CCT), which is governed by the Colville Business Council (CBC). The CBC has delegated to the Tribal Historic Preservation Officer (THPO) the responsibility of representing the CCT with regard to cu ltural resources management issues throughout the t raditional territories of all of the constituent tribes under Resolution 1996-29." Archeological Eric Commenter includes attached general recommended Earlier versions of t he SMP included a requirement and Historical Oosahwee-SM P language, without specific text edits for section as that subdivisions and commercial development Resources Voss -Colville follows: submit a site inspection and evaluation, unless Confederated "State and local cultural resources laws apply to deemed unnecessary by DAHP. This requirement Tribes shoreline development. State laws include was removed by the Planning Commission as it was RCW 27.53 (Archaeological Sites and Records), which felt the other regulations were protective enough. 5 7-20-15 prohibits the unpermitted removal of archaeological Our current permit process includes notifying DAHP materials and establishes a permitting process, and RCW & CCT for all shoreline permits that include ground 27.44 (Indian Graves and Records), which describes how or lakebed disturbance. If no comments are human remains must be treated. This shoreline received, we assume there are no cultural management master plan requires each project resources concerns about the site/project. proponent to: In addition, 6-20-030 Regulation 3 (p.3) requires • Consult with the Department of Archaeology and immediate stoppage of work and notification of the Historic Preservation (DAHP) and Native American tribes City, DAHP, & CCT if anything of possible to determine if the projects lie within areas of cultural archaeological interest is uncovered. significance. •Conduct background research at DAHP • Conduct a site assessment if cultural resources are recorded in the proposed project area or if requested by DAHP or Native America tribes • Recover archaeological materials in compliance with RCW 27.53 prior to construction • Consult with the County, DAHP, and Native American tribes if resources are discovered during construction • Consider cultural resources in planning for public spaces and access Given the importance of shoreline locations throughout the human history of Washington, the potential for cultural resources should be considered high for any shoreline development permit unless demonstrated otherwise. To comply w ith state and local law, applicants should perform records searches at DAHP and require cultural resources site assessments in high potential areas where resources a re recorded on or near the project lands. If the probability of unrecorded resources is high, applicants should be prepared to follow the provisions of RCW 27.53 and 27.44 if cultural resources are identified or encountered during the planning or construction process." Archeological Gretchen In regard to 6-20-010, recommended change to this The recommended change can be made. Here is and Historical Kaehler -State statement would read something like the following: the text as modified: Resources Dept. of "The following policies and regulations apply to sites, The following policies and regulations apply to aU 6 7-20-15 Archaeology buildings, structures, districts, and objects within the "l=listoFiGall.6<rGheology AFeas" iEleRtifieEI iR the and Historic shoreline jurisdiction that are identified in the Shoreline Shoro#no tn'lontory and Characterization anEI on all Preservation Inventory and Characterization; that are recorded at the sites, buildings, structures, districts, and objects Washington Department of Archaeology and Historic within shoreline jurisdiction that are identified in the Shoreline lnventorv and Characterization; ~ Preservation; and/or within local jurisdictions including aFGhaeologiGal OF histoFiG FesouFGes that are the City of Moses Lake, Grant County, and affected recorded at the Washington Department of Indian tribes; or that have been inadvertently Archaeology and Historic PreseNation (DAHPt discovered. and/or withl!! local jurisdictions, including the City of Moses Lake, Grant County, and affected Indian tribes; or that have been inadvertently unGovernEI discovered. Archeological Gretchen We recommend clarifying Policy 6-20-020 (4) as to the We will delete this policy in Chapter 6, p. 2. and Historical Kaehler -State purpose of this policy. It is unclear as to why access to Resources Dept. of these resources should be at public expense. Access to Archaeology archaeological sites should be restricted to appropriate and Historic parties. Also please be aware the location of Preservation archaeological site is exempt from public disclosure to (DAHP) (note prevent looting and depredation (RCW 42.56.300). that comments by this reviewer were provided 56 minutes after the comment period closed on March 4th) Archeological Gretchen We recommend that "The completed archaeological We will incorporate the recommendation as and Historical Kaehler -evaluation should be submitted to DAHP and the follows: Resources DAHP interested Tribe for review prior to the issuance of any An evaluation and a report meeting the minimal shoreline permits" to Pol icy 6-20-30(2). reporting standards of DAHP, prepared by a cultural resource management professional who meets the qualification standards promulgated by the National Park SeNice and published in 36 CFR Part 61, shall be required before the start of any ground disturbance work in any area known to contain archaeological or historic resources. The City may require such an evaluation prior to the issuance of any shoreline permit or shoreline exemption. The comoleted archaeolonical evaluation shall be 7 7-20-15 submitted to DAHP and the interested Tribe for review orior to issuance of anv shoreline permits. Archeological Gretchen In the definitions in Chapter 13, we note the inclusion of We would be willing to consider including a and Historical Kaehler -a definition of "archaeological resources." However, we definition of cultural resources. Resources DAHP recommend that definitions for cultural resources be broadened to be clear that the Shoreline Master Program addresses a broader range of cultural resource types. Archeological Gretchen In regard to Appendix A Mitigation, it should be made The Mitigation Appendix is specific to ecological and Historical Kaehler -clear elsewhere in the document (such as in section 6-mitigation, with plant survival rates, irrigation, Resources DAHP 20) that mitigation will also pertain to cu ltural resources monitoring, etc. Cultural resources impacts would that are negatively impacted and should be identified need to be mitigated very differently. Since and implemented in consultation with DAHP, affected cultural resources are already regulated by the Tribes, and other appropriate affected parties. state, we would defer to state requirements for mitigation should any resources be found. Archeological Gretchen There is little specificity or process with regard to Our current permit process includes notifying DAHP and Historical Kaehler -cultural resources. There are also no details on how & CCT for all shoreline permits that include ground Resources DAHP previously recorded archaeological sites will be or lakebed disturbance. If no comments are recognized during pre-project review. We recommend received, we assume there are no cultural that the City of Moses Lake enter into a data sharing resources concerns about the si te/project. agreement with DAHP so that archaeological and historic sites can be identified prior to project construction. Archeological Gretchen We also recommend adding process and specificity to We prefer to keep our regulations as short as and Historical Kaehler -the shoreline management plan regarding cultural possible. We believe we have provided adequate Resources DAHP resources. We have attached DAHP's model shoreline protection with the regulations as proposed. management language for that purpose. (commenter provides copy of the DAHP model language for SMPs). 8 7-20-15 July 22, 2015 Honorable Mayor and Moses Lake City Council Dear Council Members CITY OF MOSES LAKE Attached is a request from Phil Bloom, Columbia Northwest Engineering, requesting an extension to the Leah Preliminary Major Plat approval. The preliminary plat was approved on August 12, 2008 and is set to expire on August 12, 2015. Pursuant to Moses Lake Municipal Code Section 17.12.100 (B), the City Council may grant one (1) extension of the preliminary plat approval for a period not to exceed three (3) years, provided that the applicant submits a written request for an extension at least thirty (30) calendar days before the expiration date, and the applicant has attempted in good faith to submit the final subdivision application. The Council should consider the request and make a determination if the applicant has made a good faith effort to submit the final subdivision application. If the Council determines that a good faith effort has been made, the Council should consider whether or not to extend the preliminary plat approval. Respectfully submitted Gilbert r& Interim City Manager GA:jt City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3750 . Finance 764-3717 . Fire 765-2204 Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 . Police 764-3887 . Fax 764-3739 401 S Balsam St.· P.O. Drawer 1579 ·Moses Lake, WA 98837-0244 . www.cityofml.com COLUMBIA NORTHWEST ENGINEERING, PS (SINCE 1992) Veteran Owned Small Business Concern Civil Engineers Land Surveyors Planners July 13, 2015 249 North Elder Street Moses Lake, WA 98837-1799 Anne Henning, Senior Planner Community Development Department City of Moses Lake P.O. Box 1579 Moses Lake, WA 98837 Subject: Leah Major Plat Extension Request Dear Anne: Phone (509) 766-1226 Fax (509) 766-6754 I am submitting this letter on behalf of Mr. Wayne Morgan, the current owner of Assessor's Parcel No. 110069501 and the Leah Major Plat. The Preliminary Plat was approved on August 12, 2008. The approval for the Plat expires on August 12, 2015. Under MLMC 17 .12.100, the owner of an approved Preliminary Plat may request an extension of the Preliminary Plat approval for a period of three years. Please consider this extension request on behalf of Mr. Wayne Morgan. The prior owners have worked diligently to complete the plat and worked with several developers to purchase the land and complete the work. Mr. Morgan purchased the land on June 5, 2015. He is a home builder and has a long history of building homes in Moses Lake and the surrounding area. He is working with contractors to obtain bids for proceeding with development of the plat. The contractors are very busy, so expectation, at this time, is that construction could not begin until next spring. Thank you for your consideration of this request. Please contact me if you have any questions, or if I can provide any further information in this regard. Sine~(~~ .-· / '/.. ?:/ .. ...-.. J ) ,, ' ') ._;--··./;;j>/ (iLJ--i:y.~/';; ,?~2__ Phili~ Bio;~ PE/PLS President cc: Wayne Morgan,.PO Box 1699, Moses Lake, WA 98837 K:\Projects\1-14-021_Leah MP· Pre Land Use\Produclion\Plannlng\leah MP Extension Req 7·13-2015.doc RECEIVED COMMUNITY DEVELOPMENT JU~ 1 3 2 0 1~. PLA.NNING ANO BUIL DING CITY OF MOSES LAKE slg 'LEAH MAJOR PLAT~ A PORTION OF FARM UNIT 98, IRRIGATION BLOCK 41, COLUMBIA BASIN PROJECT, IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 19 NORTH, RANGE 28 EAST, W.M., MOSES LAKE, GRANT COUNTY, WASHINGTON I I I I h 1 ! e I ~J... /i ~ · .§).si.~ 9 "'' • . 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I . 1..---$89"41\1~-E---.J .._ _ _l ------------------· 20.00·-., 30 I JO r ---1()().99 -------: r-t,----Na9·41·oa·w 22a.9•·-======: <D I CD i 6 ~ I 'i : I 1()1 i In l~ 1 ~ 7.015 sq.ft. ~ I @ ,,.. I I 10090' I ! 8 L ... 23.97 !'° , L--sa9·4l·o8·£----J I 4:/.499 ~.fl R•20.00 : I : :_-)8243'4&) 6-68"40'46~· °g; (trSS LICENSE) / .~· ;., 1 ~ 6 I z ' I ----~ .. I "' ' i I r. :i: " i.i "' c z < g ' I ' I j----!>tsS'"4l utl t.--:.=;t---- -j '-..... -i 'i L•149.84 ,/ •i:t:J ""! I -R•57.00 ~ !w ~ I 6-1SQ'J6'55"' "' .......... . tczj -:~·Q:> : lf.s>.:~ ! : ~ N69'41'08•W ' PRELIJ,ff NARY FOR REVIEW J..fGEt!ll. 0 rOUNo 5/8" REBAR "' C•P. LS. 33656 "SHE•". U'N..CSS On£RWISE NOTED, OAT(: MARCH 2008 @ SET 3 1/2• BRASS CAP I ... WON. CASE. P,LS. 216~1. OArt;. OECEJ.I~ 2001 • SET s;s-REBAR 6: CAP. P.LS. 21651. UNLESS OlHER:WISE NOiEO, OA'f!: 8 CALCULATtll POINT ONLY ------PLAT BOUNDARY UNE ------LOT LINE -- --EXISTINC PROPERiY/lOT LINE ----ROAD RIGHT Of WAY CENTERLINE Of" ROAD -• --SECTION LINE -·-·-·--·-SECTION SUBOMSION LINE • ..................... • EXISlNC EASEMENT UN£. AS N01£.0 • EASEMENT U!<IE, SEE NOTE 2 PLAT ONLY -------------· PUBLIC Ulll TY EASEMENT, 'MOTHS AS NOltD -----CITY LIMITS UNE CURVE TABLE aJRVE LENGlll R.4DtUS Ofl.TA Cl 31.42 20.00 90'0o'nn• C2 12.65 20.00 '-~14'r.R"' CJ 12.65 20.00 '\j::;14't:..A"' C< 31.42 20.00 gn-nn'()()" lillfil CD R1Gn or WAY DED'C.t,T£D lO "THE c.iY Of MOSES LAKE OH THIS PlA T • (%> MUNIO.PAL UCDiSE fOR CUL OE SAC, TO BE ABN,OOtiEO 'M-IEH S1REE T IS EXTENOEO. @ PUBLIC UTil ITY (AS£).lfNlS "l'tPtCAL • MOTHS AS NOTED. S0018'S2"W o.s2·~ 0: f\IL 1S' ---;us:-Jf GM.'i'}f!C l:>Co:ll1f. _< __ ! ,,, 22.00' " ·-i L _________ L ___ ----'28.94'·--------------1 I L-37.89 R•57.00 b-38'05'13- ir~ .,.. c z "' ~ "' ... 23 N89'20·12•w 389.93 A PORTION OF FARM u...rr 95 lRRlGATION BLOCK 41 @ . I E ' r------t -OLTAH.'A' ----.r.r:s::- (IM FEtT) 1 IDCb •60 tt.. IC~~~~f~ llllX !».TA m 4.TI9N,R2. <i 1--h ~u:i ~, ~~ h Ii'.~ ~· o -.-,2 zffi <{ w " m~ §!i ::l;(!) ID_ 3~ -;! 8 ~~ itt ~ 5 J: CL <{ ~ Wo ...J -, <{ ::;;; ~ ,_ :> ~ §"' ~~ ;: "' Cl~ "" ~ OlW ,WN av 'LEAH MAJOR PLAT~ A PORTION OF FARM UNIT 98, IRRIGATION BLOCK 41 , COLUMBIA BASIN PROJECT, IN THE SOUTH WEST QUARTER OF SECTI ON 24, TOWNSHIP 19 NORTH, RANGE 28 EAST, W.M., MOSES LAKE, GRANT COUNTY, WASHINGTON PRELI MIN ARY PLAT FOR REVIEW ONLY VICINITY MAP SCALE: 1"=4-00' x UN!JED STATES PEPARJMENI Of THE INTERIPR BUREAU Of REQ AMADON TH£ 9UR(AU ~ R£Cl..AM.ATIOttS CONCURRENCE roR T>ttS PLAT IS LIMITED TO THE EXltNT OF THE MAJOR PlAT"S COMPLIANCE 'MTH TliE REOU;REMENlS OF RCW 58.17.310. CRAIN CONSiRUCTION: RlSING GROUND WAT[R TABLES ARE COMMON IN IRRIGATION PROJECfS. FEDERAL DRAIN CONSTRUCTION F\.lNOS A.Rt NOT AVAILABLE FOR DRAINAGE OF SU801\11SIONS ANO OTI-IER AREAS NOT IN A COMMERCIAL AGRIC\JL 11JRE LANO USE. UNLESS SUCH ORAINACl 1$ INCIDENTAL TO THE REOOlR£0 ORA!NACE Of ADJACENT AGRIC\JL 11JRAL wm AND MEETS FEOERAL TECHNICAL ANO ECONOM:tCAL FEASIBILITY REQUIREMENTS. TlilS l ANO IS INCWOED Wlh~ TliE EAST COLUUBV, BASIN IRRIC.4TIOH OtSlRICT ANO IS SUBJECT TO LAWS Of THE' UNl1£.0 STA1tS ~ l1i£ STA1£ Of WASHll\CTOH. RELATIVE TO THE COC.UMBtA BASlN PROJECT ANO IS UA8LE rOR ruRTHER ASSESSMENTS. If ANY. t.£"1ID BY SAID DISTRtCT. IT IS ALSO UNDERSTOOD AND A CREED THA. T 'M£N THIS t.tAX>R Pt.AT IS SER'IED SY CIT'r' STREETS. AU. .RRICASLE LANDS \\ITHIN THE ROAD RIGHT or WAY, OR ISOl.ATID BY SAIO 0£0ICA110N, 'MU NOT llECOME A CHARGE ASSESSABLE TO ll<E COUNTY ANO PAYABLE TO THE EAST CO..UIJBIA BASIN IRRIGATION DISTRICT FOR CONSlRUCTION. OPERATION AND MAINTENANCE Of TliE PRO.E:CT. O!SIRIC I SECREtARY-UANAGER BUREAU OF REQ.AMA110N IRRIGATION APPROVAL WATER SUPPLY· CONCURR£NCE BY T}(( BUREAU OF REQ.AMATION FOR THIS PLAl DOES NOT ASS~E Th£ AVAJl.ASUTY OF A WATER SUPP\.. Y, frrfCJR OO(S IT 8:ND lHE UNITED STA 11'.S TO ISSlJ[ A PERMANENT RtQH FOR A FIDERAL WAlER SUPPLY. A SUPPLY OF f£0£RAL PROJECT WATER TO THfS LAND IS ASSURCO ONLY UPON FVI L COMPLIANCE MTH C~OLLARY F'EOER:AL AHO STA'Tr LECISlATION. OOREAU OF REdA·=.,,,,.,...------------- IO~ ... ~~~T~ -114TA E :2.._ TI 9 N.R2: ~ ~i ff] u:i ii~ ~a:. h :r ~ ~· o -".2 zffj <{ w :I mz 8il ~a <5_ 3~ -d Q CL~ (.) ~~ ifa ~ ~ 5 I a. <{ o:'. Wo ...J.., <{ ::!: i 5 a ~ ~'" 15~ :.c-;o ~ ... ~ "" ~ City of Moses Lake Project Update, July 2015 R tlv C leted Proiect , Name Address Description Date Completed Dragon Express 1790 E. Kittelson Rd Remodel to accommodate inside seating, in addition to previously permitted 7-20-15 takeout restaurant Old Dog House 417 W. Broadway Remodeled former Moose Lodge into a seafood restaurant 7-7-15 Kids Zone 619 N. Stratford Rd. #B Daycare center next to Anytime Fitness 6-25-15 DSHS 1651 S. Pilgrim Street Dept. of Health & Social Services large new building to consolidate existing 6-22-15 offices scattered throughout the area Burner Kinn 713 N. Stratford Interior renovation and exterior uodate 6-17-15 Permits Under Review Name Address Notes Date permit applied for Ten Pin Brewing Co. 1145 N. Stratford Rd New brewery building. Environmental review underway 7-7-15 Century Link 4949 NE Randolph Rd 3rd floor of Titan building (16,000 SF) being remodeled for a server farm. Review 6-25-15 letter sent 7 -20-15 Burger King 2461 S. Maiers Road Upgrade existing restaurant. Review comments sent 6-24-15 6-22-15 Nelson Road Apartments 17 45 Nelson Road 228 market rate apartments at South Campus. Conditional use permit and 6-16-15 environmental review only, no building permit yet. Application incomplete; notice (CUP) sent 7-10-15. MACC 9-1-1 208 S. Hamilton Grading permit for new Multi Agency Communication Center 9-1-1 dispatch 6-15-15 center. Environmental review und_erway (grading) Inspire 1109 S. Juniper Dr. Migrant Head Start/School adding classrooms and parking. Review letter 6-17-15. 6-12-15 Revised plans submitted 7-20-15 Marshal ls 1020 N. Stratford Tenant improvement for 3rd of 4 spaces at Moses Lake Town Center. Permit ready 6-10-15 for pick up as of 7-6-15. Sleep Inn 3206 Lakeshore Ct. Redeveloping Lakeshore Motel site with new Sleep Inn. Shoreline permit only, no 6-10-15 building permit yet. Existing building will be replaced with new building. Public (shoreline) hearing on shoreline permit scheduled for 8-27-15 Fairfield Inn 2380 S. Maiers Road New 84-unit hotel. Review letter send 6-11-15. 6-4-15 Page 1 of 4 7-21-15 -Name Address Notes Date permit applied for Key Bank 314 E. Third Second remodel permit (see 5-8-1 5). Ready to issue as of 6-25-15. Expecting 6-3-15 contractor to pick up both permits on 8-3-15. Key Bank 314 E. Third Interior remodel. Has been ready to issue as soon as fees are paid since 5-8-15. 5-4-15 Applied for second permit 6-3-15. Expecting contractor to pick up both permits on 8-3-15. Panda Express 1029 N. Stratford New stand-alone restaurant with drive-thru at Penn Plaza , near Starbucks, Blue 5-1-15 Palm , etc. Review letters sent 5-6 & 5-11 . Environmental review issued 6-16-15. Revised plans submitted 7-8-15, but still haven't addressed all issues noted on previous review Commerce Park Building 5 8394 Doolittle 100,000 SF warehouse. Incomplete submittal. Review letter sent 4-20-15. Waiting 4-8-15 for proponent to submit review fees, corrected plans, & environmental review. ComTech Building 5855 Patton 30,000 SF building . Incomplete submittal. Building review letter sent 4-21-15. Still 4-8-15 waiting for proponent to submit review fees, corrected plans, & environmental review. Americold 3245 Road N Fire pump bu ilding and water line installation. Review letter sent 4-15-15. Revised 4-7-15 plans submitted 7 -17-15 Chelsea Park Apartments NW corner of Valley & 180 market rate apartments in 12 buildings + leasing office. 1, 2, & 3 bedroom. 7 3-4-15 Evergreen Housing Grape buildings will have 12 units. 4 buildings will have 24 units. Future permits for Develnnment LLC swimmina nonl carnorts & retainina wall. Review letters sent 3-10 3-20 & 3-23. Proiects Under C truer .. Name Address Date permit Notes Last inspection or status issued Lake View Baptist Church 935 W. Valley Road 7-14-15 Small addition to building & wall for chair lift 7-15-15. Slab Walker's Furniture & Mattress 117 W. Broadway 7-14-15 Permits for reroof, replacing 7 rooftop HVAC 7-8-15. HVAC final 7-1-15 units, and wall signs Ice Cream Shop 101 W. Third Ave. 7-9-15 New ice cream shop in former aquarium store No inspections yet Super 8 449 Melva Lane 7-8-15 Add wall, redo counter No inspections yet Day Care 414 S. Burress 7-8-15 Converting a house into a day care center No inspections yet Pita Pit 324 W. Broadway 7-6-15 Remodeling former real estate office into 7-8-15. Underground plumbing restaurant. Same owners as Ephrata Pita Pit. Page 2 of 4 7-21-15 Name Address Date permit Notes Last inspection or status issued Moses Lake School District Knolls Vista 7-1-15 Adding one portable classroom No inspections yet Elementary Moses Lake School District Lakeview Elementary 6-30-15 Adding one portable classroom 6-30-15. Sewer inspection for previous location Former Employment Security 510 W. Broadway 6-4-15 Demo commercial interior No inspections yet Building Party City 1020 N. Stratford 6-1-15 Party supply store. Tenant improvement at 7-10-15. Insulation Moses Lake Town Center to divide building to add a retail space next to Jo-Ann Fabrics. Granco Federal Credit Union 401 E. Fifth 5-27-15 New credit union in the vacant lot next to Rite 7-14-15. Footing Aid. Groundbreaking 6-29-15. Sign permit issued 7 -15-15 Garden Heights Elementary 707 E. Nelson Rd 5-26-15 Adding portable classroom. 7-14-15. Blocking Michael's Bistro 221 W. Broadway 5-21-15 Addition to existing restaurant 6-30-15. Framing Sonico 6464 N. Stratford 5-1 9-15 New building for aircraft repair No inspections yet Ag West 950 E. Broadway 3-17-15 Add a workshop/storage warehouse behind the 6-10-15. Framing & sewer existing building GESA Credit Union 721 Pioneer 2-13-15 New 4463 SF cred it union. Sign permit issued 7-9-15. Site drainage. 5-20-15. Should be ready for final soon Pro Touch Auto Detail 1028 W. Broadway 1-20-15 Repair of fi re damage plus adding shop space 2-12-15. Insulation. Owner contacted 7-21-15 to schedule final inspection Moses Lake Veterinary Clinic 3918 E. Broadway 11-20-14 1283 SF addition 3-23-15 final inspection. Some corrections needed REC Silicon Fluid Bed 3322 Rd N NE 11-18-14 Adding 2 more reactors to increase production 4-7-15 Slab inspection. Reactor addition capacity 7-21-15: Work has stopped. Waiting for corrected plans from engineer for rest of building. Bud Clary/Discovery Ford 1140 S. Pioneer 10-21 -14 Renovating dealership, adding larger 7-9-15. Final inspection. Some showroom & service garage. Sign permit corrections needed issued 6-15-15. Page 3 of 4 7-21-15 Name Address Date permit Notes Last inspection or status issued Grant Transit Authority 420 S. Division 10-8-14 Demolition of previous buildings to make way Demolition finaled 3-6-15. Permit for planned transit center for transit center has not been applied for yet. CannaCola 3426 Citation 6-14-14 Remodeling existing building into processing 3-5-15 Drywall inspection. Some facility for marijuana-infused soda changes to the ~ans. Pacific Northwest Mechanical 6171 S. Frontage Rd 5-12-14 New building for metal fabrication business. Complications with proposed water storage system for fire suppression, due to work completed without a permit Benny's Tires 124 N. Block 4-14-14 Moving from existing location on Wheeler 6-25-15. Final inspection. Many Road to new building on Block corrections needed. Guild Mortgage 506 E. Hill 8-21 -13 Remodel and expand existing office Should be requesting final inspection soon. Staff reminded them 6-16-15 to call for inspection. 7:21-15: Waiting on electrical final before building permit final. Boys & Girls Club 425 N. Paxson Dr 5-16-13 After school care facility on the grounds of 2-24-15 Gas piping inspection. Park Orchard Elementarv 7-21-15: Slow oroaress Page 4 of 4 7-21-15 July 21, 2015 TO: City Manager FROM: Utility Service Supervisor ~ SUBJECT: Investment Report Attached is the Investment Report for the month of June, 2015. Cc: Finance Director Investment Report June Investment Investment Amount Interest Purchase Maturity Interest With Type Rate Date Date Earned Investments Outstanding Total Outstanding: Investment Maturities Grant County Invest Pool Invest Acct 11,311,156.58 1.85 06/01/2015 06/30/2015 17, 151 .98 Wa. State Invest Pool Invest Acct 1,504,210.80 0.17 06/01/2015 06/30/2015 211.04 Total Maturities: 12,815,367.38 Investment Purchases Grant County Invest Pool Invest Acct 11,328,308.56 Wa. State Invest Pool Invest Acct 2, 104,839.10 Total Purchases: 13,433,147.66 Investment Totals Beginning Balance * 12,815,367.38 Total Maturities 12,815,367.38 Total Purchases 13,433, 147.66 Endinci Balance * 13 433 147.66 I Month Iv Interest Earned 17 363.02 * Beginning Balance =Total Outstanding +Total Maturities *Ending Balance = Beginning Balance -Total Maturities +Total Purchases July 22, 2015 TO: City Manager FROM: Utility Service Supervisor 9(!__ SUBJECT: Gambling Tax Income Report Attached is the Gambling Tax Report for the revenue received through the 2nd quarter of 2015. Cc: Finance Director Gambling Tax Revenue -Quarterly Quarter YTD Received 201 1 2012 2013 2014 2015 Change Jan-Mar 87,819.69 83,206.45 85,515.54 76,678.66 64, 121.49 -16.38% 1st Quarter Apr-June 77,954.99 89,736.08 84,058.73 79,386.02 69,049.10 -14.67% 2nd Quarter July-Sept 70,340.10 76,980.54 81,874.87 69,370.69 0.00 3rd Quarter Oct-Dec 69,284.37 74,322.48 76,384.64 65,446.90 0.00 4th Quarter Totals 305,399.15 324,245.55 327,833.78 290,882.27 133,170.59 July 22, 2015 Honorable Mayor and Moses Lake City Council Dear Council Members CITY OF MOSES LAKE Attached is sales tax information for April 2015 sales which the City received on June 30, 2015. This report indicates the City received $467,450 .30. The $467,450.30 in receipts for April compares with April 2014 receipts of $475,371.67. For the year, the 2015 receipts are approximately 4.45% lower than the 2014 receipts for the same period. Also provided is the transient rental income report for income the City received on June 30, 2015. Thrs report indicates June 30, 2015 income (for April sales) of $41,878.80. This compares with $41 , 151 .98 for the same period in 2014. For the year, transient rental income receipts are approximately 7% higher than the 2014 receipts for the same period . Respectfully submitted 0fV Gilbert Alvarado Interim City Manager GA:jt City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3750 ·Finance 764-3717 ·Fire 765-2204 Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 . Police 764-3887 ·Fax 764-3739 401 S Balsam St.. P.O. Drawer 1579 . Moses Lake, WA 98837-0244 . www.cit:yofml.com Sales Tax Receipts -Monthly Month Sales YTD Received Period 2011 2012 2013 2014 2015 Change Jan Nov 367,830.83 403,504.15 401,499.05 430,110.34 437,747.56 1.78% Feb Dec 488,453.72 459,218.16 491,341 .62 537,941 .54 499,833.67 -3.15% Mar Jan 324,247.20 331 ,644.01 373,707.66 443,309.81 397,122.95 -5.43% Apr Feb 368,305.65 350,818.56 364,137.97 402,265.84 368,481 .78 -6.09% May Mar 456,738.86 405,657.25 475,345.89 476,064.44 471,251 .00 -5.03% June Apr 439,396.45 399,414.06 437,909.92 475,371 .67 467,450.30 -4.45% July May 431,750.56 419,629.64 478,822.77 454,949.89 Aug June 453,961 .67 432,420.11 460,309.61 512,038.78 Sept July 411 ,796.14 407,813.31 457,908.37 510,845.79 Oct Aug 446,905.90 455,185.85 511 ,513.84 475,742.68 Nov Sept 411 ,689.43 422,198.39 465,603.85 493,879.14 Dec Oct 406,648.97 424,167.87 441 ,278.01 437,266.10 Totals 5,007,725.38 4,911 ,671 .36 5,359,378.56 5,649,786.02 2,641 ,887.26 TRANSIENT RENTAL INCOME -MONTHLY TOTAL RECEIVED MONTH SALES YTD RECEIVED PERIOD 2012 2013 2014 2015 ChanQe JAN NOV 25,073.90 37,239.62 33,221.58 45,363.54 37% FEB DEC 26,277.18 19,145.26 28,737.22 22,720.18 10% MAR JAN 28,091.94 32,692.16 26,058.10 29,287.72 11% APRIL FEB 22,286.68 22,967.86 31,468.50 32,320.66 9% MAY MAR 25,787.06 36,755.64 34,621.22 37,172.22 8% JUNE APRIL 35,334.86 38,830.04 41,151 .98 41,878.80 7% JULY MAY 45,674.12 64,910.04 53,058.98 AUGUST JUNE 55,497.56 49,135.32 70,246.58 SEPT JULY 53,987.68 62,363.32 67,348.68 OCT AUGUST 57,117.62 68,846.76 63,268.00 NOV SEPT 46,866.78 57,668.74 56,268.68 DEC OCT 34,675.70 41,957.82 39,460.80 TOTALS 456 671.08 532 512.58 544 910.32 208 743.12