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MOSES LAKE CITY COUNCIL
March 10,2009
Council Present:Ron Covey,Bill Ecret, Jon Lane,Richard Pearce,Dick Deane and Jim Liebrecht
Absent:Brent Reese
PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes of the February 24,2009 meeting be approved,
seconded by Mr.Lane,and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Vouchers audited and certified by the Finance Directoras required by RCW 42.24.080,and those
expense reimbursement claims, certifiedas required by RCW 42.24.090,have been recorded on
a listing which has been made available to the Council for approval and is retained for public
inspection at city hall.
As of March 10,2009the Councildoes approve for payment claims inthe amount of $611,215.75;
prepaid claims in the amounts of $14,196.53 and $21,181.76;claim checks in the amount of
$805,970.46;and payroll inthe amount of $2,460.38.
Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be
approved,seconded by Mr.Liebrecht,and passed unanimously.
PRESENTATIONS AND AWARDS
Finance Department: Char Turner, Senior Accounting Clerk,was introduced to the Council.
CONSENT AGENDA
The Greens PURD Final Plat Phase 1 and Findings of Fact:Mike Norman of Lee/Norman //&?£,
Development,LLC,has submittedan application for a 31-lotplanned unitresidential development
final plat.The 5.8-acre plat islocated eastof Division Street and south of 9th Avenue.The site is
split bya zoning boundary sothata portion iszoned R-1,Single Family Residential,and a portion
iszoned R-3,Multi-family Residential.The zoning corresponds with theComprehensive Plan Land
Use Designations ofthe site.Sincethe preliminary plat,the final plat hasbeen divided with Council
approval into two phases,with Phase 1 consisting of 31 lots.The Planning Commission
recommended thatthe final platbe approvedwith conditions.Also attached for approval arethe
Findings of Fact.
Resolution -Accept Easement -Pipal:A resolution was presented which accepts an easement ZO/3
from Janis M.Pipal for municipal purposes on Peninsula Drive.
Resolution -Set Public Hearing -Peninsula/Batterv Vacation:A resolution was presented which /Of 7
sets April 14as the date for a public hearing to consider the vacation ofa portion of right-of-way
at the intersection of Peninsula Drive and Battery Road.
Action Taken:Mr.Deane moved that the Consent Agenda be approved,seconded by Mr.Lane,
and passed unanimously.
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CITY OF MOSES LAKE s March 10,2009
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
JO/9 2009 CRACK SEAL PROJECT
The city received five bids for the2009Crack Seal Project.This project includes sealing morethan
300,000 feet ofcracksonvariousstreets, alleys,and parking lots. There was an irregularity inthe
bid from the low bidder,BCV,Inc.,which the Council can waive.
Action Taken:Mr.Pearcemovedthatthe irregularities be waivedandthe bid be awarded to BVC,
Inc.inthe amount of $86,243,seconded by Mr.Liebrecht, and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
//?7 REQUEST FOR DIRECTION -GARAGE
Gregory and Kellie Crane,219 N.Manzanita,were issued a Notice to Correct concerning
constructionthattook placewithouta permit.The constructionconsisted ofworkwithin the garage
which eliminated the required coveredoff-street parking space. The Cranes have requested time
before the Council to discuss the issue.
Gilbert Alvarado,Community Development Director,mentioned that many property owners have ^^^
enclosed their single car garages and converted them into living space in older areas of the city.("^
In the newer subdivisions the citywould not allow the enclosureof a garage for living space since
thereisa requirement tohavecoveredoff-street parking spaces. The Building Official hasworked
with the Cranestotryto resolvethe issue ofthe enclosed garage.The Craneshavecontactedthe
churchwhichabuts theirback yardtotryto obtain access throughthe church property. That could
be a long-term process and inthe mean time nothing is beingdone to correctthe violation.He
pointed out that the only relief available would be an amendment to the R-1 Zone to allow the
enclosure of a portion of a garage.
Gregory Crane,219 Manzanita,stated that in 1999 when obtaining a permit for a new roofthey
were informed that a permitwould not be needed for changes to the garage, so long as there was
no structural changes.Heexplained the changes that have been made to the home and property
since the home was purchased in 1999.
Kellie Crane, 219 Manzanita,stated that she met with the Code Enforcement Officer and the
Building Official andexplainedthe situation.The Building Official informed them thatthe proposed
placement ofa carportatthe rearofthe lot,whichwouldbe accessed throughthe church property,
was not allowed and that itmust be adjacent to the residence.She pointed outthat a carport could
not be placed adjacent to the residence because of the setback requirements.
There was some discussion and it was the consensus that the Cranes be granted 180 days to
correct the violation.
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CITY OF MOSES LAKE March 10, 2009
PAT'S ATOMIC FLY SHOP -SIGN
Patrick Devney,Pat's Atomic Fly Shop,requested permission to place a sandwich board sign in
city right-of-wayat 1019 W. Broadway. The sign would be placed inthe planter strip adjacent to
Broadway Avenue.
Gilbert Alvarado,Community Development Director, pointed out that West Broadway is actually
a state highway and the Department of Transportation may also need to approve the signage,
however,that has never been required in the past.
Mr.Pearce pointed out that the businesses inthis complex all have signage on the building. He
felt that if this sign is allowed, the other businesses in the building may also request additional
signage. Hewas also concerned about liability to the city because the sign is located so close to
the street and the sidewalk.
Mr.Devney stated that his business is located behind a pillar and mentioned that many people do
not realize he is open.He felt the sandwich board sign is important to his business.
There was some discussion by the Council.
Action Taken:Mr.Ecret moved that permission be granted forthe sign withthe stipulationthat any
concerns of the Washington State Department of Transportation by addressed,the sign be
anchoredinthe planter strip,and removed when the store is closed, seconded by Mr.Liebrecht,
and passed with Mr.Pearce opposed.
ORDINANCES AND RESOLUTIONS
ORDINANCE -PARKING REGULATIONS - 2nd READING
An ordinance was presented which provides for a loading zone on Yonezawa Boulevard for the
proposed skill center and updates the definition of a vehicle.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking
Regulations" was read by titleonly.
Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded
by Mr.Liebrecht,and passed unanimously.
ORDINANCE -GARBAGE COLLECTION - 2nd READING
An ordinance establishing three new garbage rates was presented.
The ordinance establishing charges forgarbage collection was read by titleonly.
ActionTaken:Mr.Ecret moved that the second readingof the ordinance be adopted,seconded
by Mr.Pearce, and passed unanimously.
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CITY OF MOSES LAKE March 10,2009
lOS'f ORDINANCE -SPARKS II ANNEXATION -1st READING
Anordinancewas presented which annexes approximately 16.32 acres locatedon Kittelson Road
and North Frontage Road.
The ordinance annexing property commonly known as the Sparks II 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.
Gilbert Alvarado,CommunityDevelopment Director,pointed outthatthe proposedC-2zoning is
compatible with the existing Comprehensive Plan.He mentioned thatthereare five parcels in this
annexation consisting of three lots and two sections of right-of-way.
Action Taken:Mr.Liebrecht moved that the first reading of the ordinance be adopted,seconded
by Mr.Lane, and passed unanimously.
REQUEST TO CALL FOR BIDS
//(,(,2009 SEWER LINING PROJECT
Staff requested authorization to call for bids for the 2009 sewer lining project.This project will
consistof lining approximately 22,750 feet of 8"and 12"concretesewer mains-in the Knolls Vista
area. Additional mains may be added after the project has begun.
Gary Harer,Municipal Services Director,stated thatthe project includesapproximately 4 milesof
sewer to be lined.That will leave less than 20 miles of sewer mains remaining to be lined.
Action Taken:Mr.Deane moved that staff be authorized to call for bids,seconded by Mr.Lane,
and passed unanimously.
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
figfr AAA MOBILE HOME PARK NON-CONFORMING USE -NOTICE OF APPEAL
GilbertAlvarado,Community Development Director,stated that the city has received an appeal to
the decision ofthe PlanningCommission regardingthe conditions placedonthe AAA Mobile Home
Park, for continuation of the park's non-conforming use status.He mentioned that the appeal will
be presented at the next Council meeting.
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H(*(f 2009 SEWER CLEANING PROJECT -NIGHT WORK
Pro-Vac, Inc. is requesting permission to work between the hours of 10 p.m. and 7 a.m. in order
to clean the sewer mains inarterial streets during low traffic periods.There is very littlenoise from
this operation.
Action Taken;Mr.Deane moved that permission be granted for the night work,seconded by Mr.(~\
Lane,and passed unanimously.
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CITY OF MOSES LAKE March 10, 2009
STREET IMPROVEMENTS -JAMES.BAILEY.AND EASTLAKE
Phil Bloom,Columbia Northwest Engineering,is requesting city participation for improving the
portions of Bailey Avenue and James Avenue that extend through the 100'wide property owned
by the PUD as well as 650'of Eastlake Drive from Bailey Avenue to the north boundary of
Municipal Tract #1.These off-site improvements were not required for the Power Pointe Major
Plats.The Planning Commission required the developer of the C. Kile Major Plat to obtain
easements through the PUD property and construct temporary cul-de-sacs for Bailey Avenue,
James Avenue,and Lakeway Drive. A covenant for permanent cul-de-sacs was not required since
the Power Pointe major plats were being reviewed at the same time and the streets were to be
improved when these plats were completed.Lakeway Drive was improved as part of the Power
Pointe #1 Major Plat. A reimbursement schedute can be established along the east side of
Eastlake Drive to collect one half of the cost ofthe street improvements since this property is not
platted. Collecting reimbursements along the west half of Eastlake is not likely since that property
is either platted with homes or developed PUD property.
Gary Harer,Municipal Services Director,explained that Lakeway has been extended through the
PUD property to connect to the Power Pointe #1 Plat.James Avenue and Bailey Avenue have
gravel cul-de-sacs within the PUD propertyand itis intended to extended those streets intothe
Power Point plats when the plats are completed.He explained that the layout of the Power Point
Plats have been changed since the original submittal and Beaumont has been extended to connect
to Eastlake Drive.The request is also to improve Eastlake from Bailey Avenue south to the
improved portion of Eastlake.
Larry Angell,representing the Power Pointe Plats, stated that the owner, Jerry Crawford,will
construct all the required improvements but is unable to participateinthe off-site improvements.
There was some discussion by the Council on the city's possible participationin the improvements
to Bailey,James,and Eastlake.
It was the consensus of the Council that the city would be willing to investigate participatingin the
off-site improvements at the time improvements inthe Power PointPlats are constructed.
WESTLAKE PLANNED UNIT DEVELOPMENT -OPEN SPACE
Ed Greer, representing Odell Crittenden,has submitted applications for two majorplatsand a 67
acre planned unit development containing47.5 acres of single family residential uses and 19.5
acres of commercial uses.The site is located north of North Frontage Road,west of Hansen
Road, south of Fairway Drive,and east of the Moses Lake Country Club.Residential
developments are required to dedicate 5% of theirgross areaas qualified open space for public
purposes orpaya fee in lieu of dedication of land equivalent to5%ofthe valueofthe land being
developed.Private open space may be allowed to be used towards the public open space
requirement.The developer is requesting that the proposed private park and landscaped
entrances be counted towards the open space requirement as well as the proposed meandering
path to be constructed along Hansen Road.
Gilbert Alvarado,Community Development Director,stated that both the Parks and Recreation
/I Department and the Planning Commission felt that the landscaped entrances and the small private
v_>park should notbe part of the open space requirement butthatthe proposed meandering path
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CITY OF MOSES LAKE .March 10,2009
along Hansen Road would be considered as part ofthe open space requirement.He mentioned
that staff has indicatedthat the city will requirea landscape planforthe path to be approved by
staff.
Spencer Grigg,Parks and Recreation Director,explained that the Parks and Recreation
Commission didnot feel thatthe privateparkshould be used towards the open space requirement
since that private park will be used onlyby the residents of this development. The Commission
was infavor of supporting the meanderingtrail andassociated landscaping as part ofthe required
open space.
There was some discussion by the Council but since the proponent was not in attendance, no
action was taken.
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H^if WESTLAKE PUD -DEVIATIONS
V'*Ed Greer,representing Odell Crittenden,has requested several deviations to the Community
Standards for Mountain Avenue in the Westlake PUD development.The request is fora reduction
ofthe right-of-way width from 80'to 60'andno sidewalk along thesouthandeast sidesof Mountain
Avenue. The 60'right-of-way will provide for 2 traffic lanes, a center leftturn lane,bicycle lanes
on bothsides, an activity trail onthe north side, andon street parking orasidewalkalongthe south
and east sides of Mountain Avenue.
Gary Harer,Municipal Services Director,stated that the close proximity of the frontage road and ^^^
the off and on ramps for I-90 creates atraffic problem.With the submission ofthe Westlake PUD,(}
the frontage road location was discussed and itwas felt that it would be best ifitwas rerouted
through the planned unitdevelopment. Nosidewalkis proposedon the south side, whichstaff is
agreeable to, since there will be no residential development to the south.
Because the proponent was not in attendance,no action was taken by the Council.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
it SENIOR CENTER
Mr.Deane felt that the city's contribution to the Senior Center should be increased from the
previously approved $10,500 to $12,000 for 2009.
Action Taken:Mr.Deane moved that the contribution to the Senior Center be increased to
$12,000,seconded by Mr.Liebrecht, and failed with Mr.Deane and Mr.Liebrecht infavorand Mr.
Ecret,Mr.Lane,Mr.Pearce,and Mayor Covey opposed.
CITY MANAGER REPORTS AND COMMENTS
STREET.WATER.AND SEWER REIMBURSEMENT CHARGES
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Joseph K.Gavinski,City Manager,submitted the updated charges for water,sewer,ancTstreet f~*\
reimbursements.
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CITYOF MOSES LAKE March 10,2009
WATER/SEWER RATES
Joseph K.Gavinski,City Manager,stated that,by ordinance,the water and sewer rates are to be
increased each year by the increase in the Decemberto December CPI.Since there is no increase
in that CPI rate,there will be no increase in water and sewer rates at this time.
SPRING CLEANUP
Lakeside Disposal and Recycling Co. has scheduled the annual spring cleanup forthe week of /0£c£
April 13.
BUILDING ACTIVITY REPORT
The February 2009 Building Activity Report was presented.
SALES TAX/TRANSIENT RENTAL INCOME
The city received $575,401.82 in sales tax and $26,992.76 in transient rental income in February
2009./A7 '£.
INVESTMENT REPORT
The city received $27,060.23 in investment income for February 2009.
The regular meeting was adjourned at 9:50 p.m.
ATTEST Ronald C.Covey,Maycjr
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Ronald R.Cone,Finance Director
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