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MOSES LAKE CITY COUNCIL
February 22,2011
Council Present:Jon Lane,Bill Ecret, Dick Deane,Karen Liebrecht,Brent Reese,David Curnel,
and Richard Pearce
The meeting was called to order at 7 p.m. by Mayor Lane.
PLEDGE OF ALLEGIANCE:Mr.Ecret led the Council in the pledge of allegiance.
PRESENTATIONS AND AWARDS
Street Division:Richard Hall and Don Terrell,Street Maintenance workers,were presented to
Council.
Equipment Rental:Joshua Weaver,Equipment Rental Mechanic,was presented to Council.
CONSENT AGENDA
Minutes:The minutes of the February 8,2011 meeting were presented for approval.
Resolution -Accept Easement-Copeland: A resolution was presented which accepts an easement /0/3
from Richard Copeland for municipal purposes on Lot 1, Block 1,Longview Tracts.
Resolution -Accept Easement - Habitat for Humanity: A resolution was presented which accepts /D/3
an easement from Habitat for Humanity for municipal purposes on Lot 1,Block 3,Longview Tracts
Second Addition.
Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Ecret,
and passed unanimously.
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the
Finance Director as required by RCW 42.24.080,and those expense reimbursement claims,
certified as required by RCW 42.24.090, have been recorded on a listing which has been made-
available to the Council forapproval and is retained for public inspection at city hall.As of February
22,2011 the Council does approve for payment claims in the amount of $229,667.86; prepaid
claims in the amounts of $8,824.79,$12,341.06,and $39,746.54;claim checks in the amount of
$1,128,872.43;and payroll in the amount of $22,532.77.
Dr.Curnel questioned a payment to Harry Ries and the cost of a urinal screen of $150.
Joseph K.Gavinski,City Manager,explainedthat the payment was made because ofthe loss of
the Holiday case.
Spencer Grigg,Parks and Recreation Director,explained that it includes a quantity of urinal
screens to be used over the course of a year.
Action Taken:Dr.Curnel moved that the bills and checks be approved,seconded by Mr.Reese,
and passed unanimously.
/j Crossroads Phase 4 Final Maior Plat,and Findings of Fact:Hayden Homes submitted afinal plat //£>(,
v—'for a 41-lot residential development on 11 acres located east of Highway 17,west of Hamilton
Road, and south ofTruman Drive,about halfway between Wheeler Road and Nelson Road. Most
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CITY COUNCIL MINUTES February 22,2011
of the site is zoned R-1,Single Family Residential, and the remainder is zoned R-3,Multi-family A)
Residential. The zoning corresponds with the underlying Comprehensive Plan Land Use '
Designations ofLowDensityResidentialand High DensityResidential.Minor changes were made
between the preliminary and final platsto address conditionsof approval of the preliminary plat.
The Planning Commission recommended thatthe final platbe approved withconditions.Attached
are the Findings,Conclusions and Decisionof the Planning Commission. The Council's approval
of this decision incorporates and adopts the Findings,Conclusion and Decision of the Planning
Commission.
Mr.Deane questioned the Finding that showed a parcel of property under dual ownership.
Joseph K.Gavinski,City Manager,pointed out that the Findings require that the ownership be
resolved priorto recording of the plat.
Action Taken:Mr.Deane moved that the Crossroads Final Plat and Findings of Fact be approved,
seconded by Dr.Curnel, and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
jO(eO SCHMIGGITTY SAUCE.INC.-CODE DEVIATION
Jerry Estrin and Dan Ogdenof Schmiggitty Sauce,Inc.requesteda deviation ofthe building code
so thatthey would notbe required to bring the building they wishto use upto current standards.
Dan Ogdenstatedthatthey would like to manufacture their barbeque sauce in Moses Lakeand
have already remodeled one of the kitches inthe Eagles Lodge building on West Broadway to
accommodate theiroperation. He mentioned that the portion of the building they are using was
previously used as a restaurant andifthey wereto open a restaurant,noimprovementswould be
required.He stated that they would only be using the kitchen to manufacturing the sauce but
because the cityconsidersthisa change ofuse, they arebe required to pavethe parking lot,bring
the bathrooms up to code, and install a wheelchair ramp. He mentioned that they would like a
deviation orwaiver from the building code so that they would not have pave the parking or bring
the building into compliance with the ADA requirements.
Gary Grove, Trustee of the Eagles Lodge, stated that their building is in two sections and
Schmiggitty Sauce is only using the kitchen in the old restaurant portion of the building.He
mentioned that there is a handicapped accessible restroom and a ramp into the other portion of
the building.
Joseph K.Gavinski, City Manager,stated that the original request was forlightmanufacturing in
order to produce the sauce.The current zone requires retail sales in conjunction with light
manufacturing.Because of the change of use from a restaurant to light manufacturing, other
building and zoning requirements are triggered with regard to parking spaces,handicapped
accessibility,and landscaping.
Jerry Estrin,Vice-President of Schmiggitty Sauce,pointed out that there is handicapped parking
and a handicapped ramp at the location and a handicapped accessible restroom in the Eagles.
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CITY COUNCIL MINUTES February 22,2011
There will be a retail spot by the front door but no public restrooms.He mentioned that the city is
requiring a handicapped accessible restroom,which will not be available to the public, as well as
paving of the parking lot.Since the restroom will not be available to the public they are objecting
to the requirement to bring up to current code and also to the requirement to pave the parkinglot
since it has been a gravel area for many years.
Kevin Myer,Building Official,stated that ifitis not an undue hardship fora handicapped person to
access the bathroom inthe Eagles side of the building,itwould be acceptable.He pointed outthat
because of the change of use and the number of employees,there is a requirement for paved
parking spaces fortwo employees,one handicapped parking space,and one regular parkingspot.
There was some discussion by the Counciland itwas the consensus thatthe proponents workwith
staff to resolve the problem if possible.
ORDINANCE -CRITTENDEN ANNEXATION - 2nd READING/PUBLIC HEARING
An ordinance was presented which provides for the annexation of approximately 84.63 acres of
property located in the northeast quarter of Section 4,Township 19 ,Range 28.The property is
owned by Odell Crittenden.The property will be zoned Heavy Industrial.
The ordinance annexing property commonly known as the Crittenden Annexation to the City of
Moses Lake,Washington,and incorporating the same within the corporate limits of the City of
Moses Lake was read by title only.
The public hearing was opened.There were no comments.
Action Taken:Mr.Ecret moved that the public hearing be closed,seconded by Mr.Reese,and
passed unanimously.
Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND 10.10 -SPEED LIMITS - 2nd READING
An ordinance was presented which establishes the speed limitson various streets withinthe city
limits.
The ordinanceamending Chapter 10.10 ofthe Moses Lake Municipal Code entitled"Speed Limits"
was read by title only.
ActionTaken:Dr.Curnel moved that the second reading of the ordinance be adopted,seconded
by Mrs.Liebrecht,and passed unanimously.
ORDINANCE -REPEAL 17.30 -REIMBURSEMENT OF UTILITY INSTALLATIONS -2nd /Q?/
READING
Anordinancewas presented whichrepealsChapter17.30ofthe Moses Lake Municipal Code. This
chapter is no longer validdue to the recent adoption of Chapter 17.56.
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CITYCOUNCIL MINUTES February 22,2011
The ordinance repealing Chapter 17.30 of the Moses Lake Municipal Code entitled
"Reimbursement for Utility Installations"was read by title only.
Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS
//If MOSES LAKE BMX ORGANIZATION -CAMPING
The Moses Lake BMX Organization requested permission to allow camping on the dirtlot behind
the BMXtrack during their State Championship Race on May 27 and May 28.The Organization
will provide security,porta-potties,and dumpsters for the event. The Parks and Recreation
Commission recommended that permission be granted to allow camping as proposed.
William Rutherford,BMX,stated that there willbe races Friday through Monday and camping will
be needed for Friday,Saturday, and Sunday night. He explained the different races being held.
Action Taken:Mr.Ecret moved that the request for camping be granted,seconded by Mr.Pearce,
and passed unanimously.
MANTA RAY -SWIM MEET
The Moses Lake Manta Ray Swim Team requested use of the Surf 'N'Slide Water Park for their
annual swimmeet on July 15,16,and 17 andwouldfollow the same schedule as inthe past. Their
requestalsoincluded campinginthe parkas inpastyears. The Parksand Recreation Commission
recommended that the request be granted.
Spencer Grigg, Parks and Recreation Director,explained the request.
Action Taken:Mr.Ecret moved that the request to use the Surf 'N'Slide Water Park and for
camping at McCosh Parkbe granted,seconded by Mrs.Liebrecht,and passed unanimously.
/00y USE OF CITY PROPERTY -FARMER'S MARKET
The Moses Lake Farmer's Market requested permission to use McCosh Park on Saturdays
beginning the first weekend in May through the last weekend of October and on Wednesday
afternoons from June through September for the Farmer's Market.The request included signage
and use of the park for 10 years.The Parks and Recreation Commission recommended that the
request to use the park for 2011 be granted.
Mark Rowley,representing the Farmer's Market,requested the use of McCosh Park for 10 years
so that there is some stability in the location of the Market in the future. He mentioned that the
Farmer's Market has received no approval from the city staffon the location ofthe signs advertising
the event.
Action Taken:Mr.Reese movedthatthe requestto use the park on Saturdays andWednesdays /^\
be granted for 2011,seconded by Mr.Pearce.')
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CITY COUNCIL MINUTES February 22,2011
v_^Mr.Reese pointed out that the city is growing and there may be a better place for the Market in the
future so he is not agreeable to blanket permission for use of the park for 10 years.
Mr.Pearce felt that a yearly request to use the park will allow both the city and the Market to review
the use of the park and to address any changes that may be needed.
There was some discussion on the operation of and circulation within the Farmer's Market.
The motion passed unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
GRANT-MUSEUM
Staff at the Museum and Art Center have been encouraged to apply for a Humanities Washington
Project Grant which is supported by the National Endowment for the Humanities.The amount of
the grant is $7,500 and would provide funding support for one of the long-term exhibits at the new
building. This is a 50%match but the museum will be able to utilize the projected expenses for
long-term exhibits in the new building so no additional funding will be needed.
Action Taken:Mr.Pearce moved that the request be granted,seconded by Dr.Curnel,and passed
unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
BUILDING ACTIVITY REPORT
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The January 2011 Building Activity Report was presented.
RETREAT
Joseph K.Gavinski,City Manager, reminded the Council that the Council/staffRetreat is February
25 and 26 at the ATEC building.
The regular meeting was adjourned at 8:10 p.m.
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ATTEST Jon Lane,Mayor
'LA
Ronald R.Cone,Finance Director
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