2014 07 087507
,MOSES LAKE CITY COUNCIL
\/July 8,2014
Council Present:Dick Deane,Bill Ecret,Karen Liebrecht,JasonAvila,Todd Voth,Jon Lane,and David Curnel
The meeting was called to order at 7 p.m. by Mayor Deane.
PLEDGE OF ALLEGIANCE:Mayor Deane led the Council in the pledge of allegiance.
PRESENTATION AND AWARDS -None
CONSENT AGENDA
Minutes:The minutes of the June 24 meeting were presented for approval.
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the Finance
Director as required byRCW 42.24.080,and those expense reimbursementclaims,certified as required by
RCW42.24.090, have been recordedona listing which has been made availabletothe Council forapproval
and is retainedfor public inspection at the Civic Center. As ofJuly8,2014 the Council does approvefor
payment claims in theamount of$1,268,937.33;prepaid claims in the amount of$31,586.34;claim checks
inthe amount of $1,367,453.90;and payrollinthe amount of $378,217.65.
Resolution -Accept Easement -Dress:Aresolution was presented which accepts an easement from Bill ZO'3
Dress for municipal purposesand uses to maintain,repair,and operatethe Clover Drive Lift Station.
Six Year Street Transportation Improvement Program -Set Date for Public Hearing:Apublic hearing was set //77
forAugust 12 to consider the SixYear Street Transportation Improvement Program.
K^J Action Taken:Mr.Voth moved that the Consent Agenda be approved,seconded by Mr.Avila,and passed
unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
MACC911
Jackie Jones,Director,MACC 911,was introduced to the Council.
PEDESTRIAN CROSSINGS -EAGLE SCOUT PROJECT
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Kyle Hirz,Life Scout,requested time before the Council to explain his Eagle Scout project.He stated that his
project ispedestrian flags at intersections to aid safe travel across busy streets.He stated that the flags cost
about$5andthe holders can bemadeofPVC pipe.Thecost could becovered bygetting businesses,clubs,
and individuals to sponsor the various locations.
Therewassome discussion anditwas pointed outoriginally five intersections are proposed tohavethe flags
and the flags can include reflective tape foruse duringnighthours.
Itwas the consensus that contact should be made withcitystaff to discuss the project.
ORDINANCES AND RESOLUTIONS
ORDINANCE-AMEND 16.48 - FIRE HYDRANTS - 2ndREADING
An ordinance was presented which amendsthe regulations concerning fire hydrants to bring the signage
requirements current with state law.
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CITYCOUNCIL MINUTES July 8, 2014
The ordinance amending Chapter 16.48 ofthe Moses Lake Municipal Code entitled "Fire Hydrants"was read
by title only.
Action Taken:Mr.Avila moved thatthe second reading ofthe ordinance be adopted,seconded by Mr.Lane,
and passed unanimously.
/OSz/ORDINANCE -AMEND 18.20 -RESIDENTIAL ZONES -2nd READING
An ordinance was presented which amends the residential setbacks in the R-1 and R-2 Zones by reducing
the front and exterior side setbacks to 20' for living space and 15'for porches,covered entries,etc.The
original 25' setback is retained only for garages. The R-3zone wouldbe changed to clarify thatthe setback
forthe living space is 15'but the setback forthe garage is 20'. The interiorside setback inthe R-1 and R-2
zones would be changed from T to 6'.
The ordinance amending Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential Zones"was
read by title only.
There was some discussion on the effect of the proposed setbacks on the size of homes.
Jon Johnson,AHO Construction,stated that he was in favor ofthe changes as itwillgive developers greater
flexibility and variety in the construction of residences.
Action Taken:Mrs.Liebrecht moved thatthe second reading of the ordinance be adopted,seconded by Mr.
Voth and passed with Mr.Deane opposed as he felt larger homes should be constructed on largerlots.
/D3(,ORDINANCE -AMEND 16.40 -FIRE DEPARTMENT PERMIT FEES -1st READING
An ordinance was presented which brings the permit fees into compliance with the International FireCode
which has been adopted by the State ofWashington.
The ordinance amending Chapter 16.40 of the Moses Lake Municipal Code entitled "Fire Department Permit
Fees"was read by title only.
Action Taken:Mr.Lane moved that the first reading ofthe ordinance be adopted,seconded by Dr.Curnel,
and passed unanimously.
//£k>-/\RESOLUTION -BUILD ON UNPLATTED PROPERTY -CRAB CREEK PROPERTIES
A resolution was presented which allows Crab Creek Homestead,LLCto build on unplatted propertywith the
stipulation that the property be platted within one year.The request was originally submitted to the Council
in 2013 and tabled.
Action Taken:Mr.Voth moved that the request be removed from the table,seconded by Mrs.Liebrecht,and
passed unanimously.
Gilbert Alvarado,Community Development Directors, provided the background information on the request to
build on unplatted property.He pointed out that the resolution does have a provision requiring the platting of
the property.
Richard Penhallurick,representing Crab Creek Homestead,distributed information including an easement
for utilities and access.He pointed out that the area is surrounded on three sides by property that does not
require any of the sorts of things that plattingthe property would address.He did not feel that plattingwould
be necessary for the proposed development of a mini storage on this property.
Katherine Kenison,City Attorney,stated that the ordinance allowing the Council to grant permission to build
on unplatted property requires that the Council only grant permission if itis found that the public interest will
not be adversely affected by the issuance of the permit.She was concerned that the issues raised by the
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CITY COUNCIL MINUTES July8, 2014
^J Municipal Services Department and the Fire Department are usually addressed by platting and could become
long term issues if platting is not required.She pointed out that permission to build on unplatted property can
be limited to the original proponent and the original proposed use.
There was considerable discussion by the Council.
Ms.Kenison pointed out that the information provided by Mr.Penhallurick on the easements had not been
reviewed by staff.
Itwas requested that staff review the documents provided by Mr.Penhallurick.
Ms.Kenison pointed out that what was provided are portions of different documents and without the entire
document it is difficult to determine what is being agreed to between the parties.
Joseph K.Gavinski, City Manager,stated that the documents provided are portions of a settlement
agreement.
Mr.Penhallurick stated that the settlement agreement provides forthe abandonment of the previous access
easement and that the new one would be provided as drawn but the legal description has not been provided.
Mr.Gavinski pointedout thatthe access easement does not actually exist and that platting the property will
resolve these kinds of issues.
Action Taken:Mr.Ecret moved that the resolution be adopted withoutthe provisionto plat,that itbe specific
to CrabCreek Homestead LLCto construct a mini storage unit,and that documentation be providedshowing
legal access priorto obtaining a building permit,seconded by Mr.Voth.
\^J There was additional discussion by the Council.
The motion passed with Mr.Lane,Dr.Curnel,and Mr.Deaneopposed as they felt the documentation should
be provided prior to the Citygrantingthe permission to buildon unplatted property.
RESOLUTIONS -NUISANCE ABATEMENTS
Resolutionswere provided which provide for the abatement of nuisances at 823 Fairbanks,owned by Betty
Duncan,8615 Charles,ownedby Brenda Cleis,1335 Megan,ownedbyRobertSampson, and 1170 Grand,
owned by Pedro and Maria Sanchez.
The resolution determining that Betty Duncan is the owner of certain real property within the City;that a
nuisance requiring abatement by City forces or forces contracted bythe City exists on such property;and
directing the use of such forces to abate the nuisance foundwas read bytitleonly.
The resolution determining that Brenda Cleis is the owner of certain real property within the City;that a
nuisance requiring abatementby City forces or forces contracted bythe City exists on such property;and
directing the use of such forces to abate the nuisance foundwas read by title only.
The resolution determining that RobertSampson is the ownerof certain real property within the City;thata
nuisance requiring abatement by City forces or forcescontracted bythe City exists on such property;and
directing the use of such forces to abate the nuisance foundwas read bytitleonly.
The resolution determining that Pedro and Maria Sanchez arethe ownersof 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 toabatethe nuisance found was read bytitle only.
Rick Rodriguez,Code EnforcementOfficer,was sworn inand provided testimony concerning the nuisance
violations.
There was no other testimony.The hearing was closed.
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CITY COUNCIL MINUTES July 8,2014
Action Taken:Mr.Lane moved that the resolution referencing 823 Fairbanks be adopted,seconded by Mr.(
Avila, and passed unanimously.
Action Taken:Dr.Curnel moved that the resolution referencing 8615 Charles be adopted,seconded by Mr.
Avila, and passed unanimously.
Action Taken:Mr.Avilamovedthatthe resolution referencing 1335 Megan be adopted,seconded by Mr.Avila,
and passed unanimously.
Action Taken:Mrs.Liebrecht moved thatthe resolution referencing 1170 Grand beadopted,seconded by Dr.
Curnel, and passed unanimously.
REQUEST TO CALL FOR BIDS
/£>33~CLOVER LIFT STATION
Staff requested authorization tocallforbids forthe Clover Lift Station Project.This projectincludes complete
reconstruction of the existing lift station including new pumps and electrical, site grading, and site
improvements.
Action Taken:Dr.Curnel moved that staff be authorized to call for bids,seconded by Mr. Avila,and passed
unanimously.
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
/A/3 SHORELINE MASTER PROGRAM *(J
The draft Shoreline Master Program was presented along with the comments received from the Department
of Ecology. Priorto approval of the Shoreline Master Program,the Council must prepare a responsive
summary.
GilbertAlvarado,Community Development Director,stated that the comments from DOEwere provided on
the last day of the comment period and staff did not have an opportunity to address them prior to their
submittal to the Council. He pointed out that DOE made on comments on Chapters 6, 7, 8 and 9.Staff is
requesting direction from Council on the comments received.
There was considerable discussion on the process used to develop the Shoreline Master Program and the
next step to be taken by the Council.
Action Taken:Mr.Ecret moved that staff be authorized to respond to the comments from the DOE and the
Fish and Wildlife by justifying the Planning Commission's recommendations and if there are any significant
changes to the Shoreline Master Program that staff deems necessarythat, at that time, a study session be
held with the Planning Commission and/or the community to work out those issues,seconded by Mr.Lane,
Katherine Kenison,City Attorney,stated that the DOE reviews all shoreline plans and thereare thresholds that
they will insist on. Upon providing the responsive summary to DOE, DOE will return a list of their
recommended changes and a listof their required changes.At that point the Council willhaveto decide which
of those required changes will be incorporated into the City's plan. Ifthe Council does not provide a plan that
DOEcan approve,DOE has the option to impose and adopt their own version of the City's planand that would
become effective until the Council adopts a DOE compliant plan.She pointed out that the Shoreline
Management Actis a state lawand the state DOE has total control overthe content of the shoreline plans and
that itis very difficultto deal with DOE if they find that any of the provisions do not implement the policies of S~\
the Shoreline Management Act.If the City disagrees with the DOE,an appeal canbe filed with the Growth ''
Management Hearings Board but the burden of proof would be on the City.
Action:The motion passed unanimously.
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CITY COUNCIL MINUTES July8, 2014
v )PLATTING DEEMED INSUFFICIENT -HELLEWELL
Dale and Debra Hellewell submitted a buildingpermit application forwest 51' of Lot4 and the east 32' of Lot
5,Block4, North Terrace Addition,located at 1102 Terrace Avenue,which are legally platted parcel.
Gilbert Alvarado,Community Development Director,mentioned that property platted years ago was not
required to installmunicipal improvements that are nowrequired withcurrent plats and ifthe Councilapproves
a waiver or deferral of those requirements,a covenant for future improvements will be required.
ActionTaken:Mr.Ecret moved that the deferral ofthe required improvements be granted withthe stipulation
that a covenant be required for the improvements in the future,seconded by Dr. Curnel, and passed
unanimously.
PLATTING DEEMED INSUFFICIENT -BUD CLARY FORD
Bud Clary Ford submitted a building permit application for Lot 3 less Tax #14395, Swanson Addition
Amendment located at 1140 S.Pioneer Way, is a legally platted parcel.
Gilbert Alvarado, Community Development Director,mentioned that property platted years ago was not
required to install municipal improvements thatare nowrequired with currentplatsandifthe Council approves
a waiver or deferral of those requirements,a covenant for future improvements will be required.
Action Taken: Mrs.Liebrecht moved that the deferral of the required improvements be granted with the
stipulation thata covenantbe required forthe improvements in the future,seconded byMr.Avila,andpassed
unanimously.
•,GROUP B WATER SYSTEM -HAMMON
Bob Hammon requested approval fora Group Bwatersystemtoserve property located adjacenttothe lake
north ofMoses Pointe.The property is within the City's unincorporated UGA,which isthe City's waterservice
area, butthe City's water main would need to be extended approximately 4,000'toserve the property.
Gary Harer,Municipal Services Director,stated that the property is proposed to be subdivided into
approximately 8 lots.AGroup Bwater system will be required andthatMr.Hammon will berequired toobtain
water rights.
Mr.Hammon stated that he has been granted permission forthe watersystem from the Health Department
andthe Department of Ecology for this project and he can haveupto9 residences served by his well.He
mentioned that irrigation waterwill come from the lake.Hestated that in hishome owner covenantsthere
will be a stipulation that when Citywater is available, the lots will connect.
Action Taken:Mr.Ecret moved that the request fora GroupBwatersystem inthe City's UGA be granted,
seconded by Mr.Voth, and passed unanimously.
Action Taken:Mr.Ecretmovedthatthe request begranted,seconded byMr.Voth,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
WELLCITY
^—'Joseph K.Gavinski,City Manager,stated that the City has met the AWC Trust's WellCity standards and
earned a 2%discount on medical premiums for 2015.
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CITYCOUNCIL MINUTES July 8, 2014
AMBULANCE REPORT
The cash report on the ambulance operations for the month of June was provided.
QUARTERLY FINANCIAL REPORT
The second quarter financial report has been posted on the City's website.
/J0 r INVESTMENT REPORT
The City received $15,196.81 in investment income for May 2014.
SALES TAX/TRANSIENT RENTAL INCOME
The City received $475,371.67 in sales tax and $41,151.98 in transient rental income in June.
CODE ENFORCEMENT -MCWATERS
GilbertAlvarado,Community Development Director,reported thatstaffinvestigated thecomplaint from Jackie
McWaters about her neighbor storing cars,boats,and other vehicles on the property behind his that fronts
on Ivyand about a person that was living inthe garageand then a fifth wheel.Code Enforcement investigated
the situation and informed the property owner that persons cannot reside in a garage or a fifth wheel and the
person living there has vacated the property.He mentioned that under the City's current provisions there is
nothing that prevents the storage of vehicles on the property.
The regular meeting was adjourned at 9:00 p.m.
ATTEST /-Dick Deane, Mayor
jOL.Robert Taylor./Firvance Director
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