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2009 04 14u W 6848 MOSES LAKE CITY COUNCIL April 14,2009 Council Present:Ron Covey,BillEcret,Jon Lane,Richard Pearce,Dick Deane,Jim Liebrecht,and Brent Reese PLEDGE OF ALLEGIANCE:Councilman Lane led the Council in the pledge of allegiance. MINUTES:Mr.Lane moved that the minutes of the March 24,2009 meeting be approved, seconded by Mr.Liebrecht,and passed unanimously. Mr.Ecret moved that the minute of the March 6 and 7,2009 Council/staff Retreat be approved, seconded by Mr.Lane,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 for approval and is retained for public inspection at city hall. As of April 14, 2009 the Council does approve for payment claims inthe amount of $838,358,856; prepaid claims inthe amounts of $36,811.35,$2,164.70,$910.49, and $22,928.57;claim checks inthe amount of $723,631.51;and payroll inthe amounts of $2,756.72 and $38,700.36. Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be approved,seconded by Mr.Reese,and passed unanimously. PRESENTATIONS AND AWARDS Proclamation:The proclamation declaring May 1 and 2,2009 as Moses Lake White Cane Days was read in its entirety. Moses Lake Medical Team:The fifteen member Moses Lake Medical Team will be traveling to theircompanion cityof Patigi,Kwara State,Nigeria,where they will provide medicalservices tothe citizens of that area. CONSENT AGENDA Crossroads Phase 3 Maior Plat and Findings of Fact:Hayden Homes submitted the preliminary //#£ plat for Crossroads Phase 3 located north of Lakeland Drive,east of Highway 17,and west of Hamilton Road.The area is zoned R-1,Single Family Residential and R-3,Multi-family Residential. The Planning Commission recommended that the preliminary platbe approved withconditions. Woodcrest Maior Plat -Alteration Request and Findings of Fact:Dave Gravely, Clearwater //£(* Development LLC,submitted a request to alterthe approvedWoodcrest Major Plat by waiving, ratherthan deferring,future improvements of the gutter,curb,and sidewalkon the south side of ValleyRoad. The Planning Commission recommended thatawaiverbe grantedforimprovements /.ofthe gutter,curb,and sidewalkonthe south side ofValley Road adjacent tothe Woodcrest Major \J Plat.The Planning Commission recommended that the alteration request be approved. /m 6849 CITY COUNCIL MINUTES April 14,2009 j05p Annexation -Lind:Dwane Lind submitted a Notice of Intention to Commence Annexation Proceedings for approximately 4acres located on Kittelson Road.The Council should receipt the notice and set April 28 as the date to consider the Notice of Intent. JOSf>Annexation -PUD:The Grant County PUD submitted a Notice of Intention to Commence Annexation Proceedingsfor approximately 23.20acresof property located atthe cornerof Stratford Road and Kinder Road and on Wenatchee Avenue.The Council should receipt the notice and set April 28 as the date to consider the Notice of Intent. JMO Resolution -Accept Deed -Jones:Aresolution was presented which accepts adeed from Michael and Marilyn Jones for the reconstruction of Peninsula Drive Phase II. J03I?Western Display Fireworks:Contracts with Western Display Fireworks for the 2009 4th of July fireworks and a multi-year contract to provide additional fireworks at no further cost were presented. The CityManagershould be authorized to sign the contracts. ActionTaken:Mr.Dean moved that the Consent Agenda be approved,seconded by Mr.Pearce, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES /0/9A 20Q9 SEAL CQAT project f~^) The cityreceived two bids for the 2009 Seal Coat Project.This projectconsists of chip sealing a large portion ofthe downtown areaandsome residential streets. Staff recommendedthatthe bid be awarded to Granite Northwest,Inc. Action Taken:Mr.Pearce moved thatthe bid and Additive 1 be awarded to Granite Northwest,Inc. in the amount of $595,613.50,seconded by Mr.Reese,and passed unanimously. llbL?2009 SEWER LINING PROJECT The city received five bids for the 2009 Sewer Lining Project.This project consists of lining approximately 22,750 feet of 8" and 12"concrete sewer mains in the Knolls Vista area. Staff recommended that the bid be awarded to Insituform Technologies. Action Taken:Mr.Reese moved that the bid be awarded to Insituform Technologies,Inc. in the amount of $525,904.60,seconded by Mr.Lane, and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS /Of J ORDINANCE -PENINSULA/BATTERY VACATION -1st READING -PUBLIC HEARING An ordinance was presented which provides for the vacation of a portion of the intersection of Peninsula Drive and Battery Road. The ordinance vacating a portion of the intersection of Peninsula Driveand Battery Road was read by title only. O n u o 6850 CITY COUNCIL MINUTES April 14, 2009 Gilbert Alvarado,Community Development Director,stated that the vacation of this small area is inexchange for property from Michaeland Marilyn Jones forthe Peninsula Driveproject.Because this is a property exchange,the ordinance will be amended to reflect a property trade rather and required compensation for the vacated area. The public hearing was opened. Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Lane, and passed unanimously. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. SIGNS -BIG BEND COMMUNITY COLLEGE Big Bend Community College requested permission to place signs advertising theirJob Fair on April 29. The signs will be erected on April 13 in the general area of Yonezawa Boulevard, Broadway and Third,Marina and Broadway,Highway 17 and Wheeler Road,Pioneer and 5th, Hansen Road and/or Fairway Drive,Larson Playfield and Lauzier Park, and Grape Drive.The signs will be removed immediately after the event. Joseph K.Gavinski,City Manager,stated that they are also requesting permission for the placement of the signs in future years withouthavingto come to Council each year. Action Taken:Mr.Deane moved that permission be granted for the placement of the signs for 2009,seconded by Mr.Pearce,and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -VACATE ALLEY -DIAZ - 2nd READING An ordinancewas presented which amends the vacationofthe alleyadjacent to Lots 1-6 and Lot 11 of the Parkhill-Scea Addition. Inorder forthe vacation to be completed,reimbursement of one halfthe appraised valuemust be remitted tothe city.A small portion ofthevacatedalley isowned by the Columbia Basin Rodeo Association which has declined to pay the fee.In order for the vacationto proceed, that small portion of the vacated alley will be deleted. The ordinanceamending Ordinance No.2416vacatinga portion ofan alleywas readby title only. Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded by Mr.Ecret, and passed unanimously. ORDINANCE -AMEND WATER AND SEWER RATES -2nd READING An ordinance was presented which deletes the portion ofthe regulations dealing with extensions requested by the Grant County Community Action Council.Those extensions are no longer provided. ^-/The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled Water and Sewer Rates was read by title only. /0J£> /OP7 /07S- 6851 CITY COUNCIL MINUTES April 14,2009 Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded by Mr.Lane,and passed unanimously. O /OS1/ORDINANCE -SIGN REGULATIONS -2nd READING An ordinance was presented which establishes regulations for electronic signs.The Planning Commission recommended that the ordnance be amended by increasing the height ofthe bottom of the signto 13'from gradeand eliminating the section prohibiting flashing,pulsing,explosions, fireworks,or other such displays. The ordinanceamending Chapter 18.58 of the Moses Lake Municipal Code entitled"Signs"was read by title only. Gilbert Alvarado,Community Development Director,explained the regulations that have been proposed for the electronic signs. There was some discussion by the Council. Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht and passed with Mr.Lane,Mr.Reese,Mr.Ecret,and Mayor Covey in favor and Mr.Pearce,Mr.Liebrecht, and Mr.Deane opposed as they felt there should be a prohibitionon some of the displays produced by the signs. j/q 3l ORDINANCE -GENERAL PENALTY -1st READING (~^) An ordinance was presented which provided for time payments of violations of city ordinances except for Redflex issued infractions. The ordinance amending Chapter 1.08 of the Moses Lake Municipal Code entitled "General Penalty"was read by title only. Jim Whitaker,City Attorney,explained the reason fornot including Redflex infractions inthe time payments. Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by Mr.Lane,and passed unanimously. ISM RESOLUTION - SPRING FESTIVAL A resolution was presented which establishes the city responsibility during the Moses Lake Spring Festival on May 20 -25,2009. The resolution regarding the Moses Lake Spring Festival to be held May 20,21,22, 23, 24, and 25,2009 was read by title only. Action Taken:Mr.Pearce moved that the resolution be adopted and the City Manager's signature on the Hold Harmless Agreement be ratified,seconded by Mr.Reese,and passed unanimously. REQUEST TO CALL FOR BIDS -None n u W 6852 CITY COUNCIL MINUTES April 14, 2009 REFERRALS FROM COMMISSIONS EDWARD JONES BUILDING -NON-CONFORMING STRUCTURE Edd Johnson of Center State Construction,on behalf of Tim Johnson,has requested permission to rebuild the recently burned structure that was located at the corner of Broadway Avenue and Fir Street.The proposal is fora new building of the same size and shape,and located on the same footprint as the old building.This proposal creates a non-conforming structure in regards to setback,landscaping,and off-street parking.The Planning Commission recommended that the request to construct the non-conforming structure be granted.The Commission also approved the site planwith the condition that the off-street parkinglayout and requirements be addressed. GilbertAlvarado,Community Development Director,stated that the originalbuildingwas destroyed by fire and the remains have been removed from the site. The area is zoned C-2, General Commercial and Business,and the original building was non-conforming as to setbacks, landscaping, and off-street parking. The owner is proposing to rebuildthe building in the same location, which will make ita non-conforming structure.The Planning Commission considered the setbacks,the landscaping,and the off-street parking requirements.The current code allows the Community Development Director to make adecisiononoff-street parking ifthe proposal does not meet the code.The off-street parking proposed at the Planning Commission meeting was not acceptable. The adjoining property owner, Pam Hendricks,has given permissionto cross her property for parking purposes. Hementionedthatthere is a provision inthe code that allows the parking requirements to be met within 300*of the property.He pointed outthatthe extensionof the C-1 Zone into this area was considered in the past and if the zoning were to change,the proposed building would be in compliance. There was some discussion by the Council concerning the off-street parking. Tim Johnson,owner,stated that the off-street parkingwas used by the tenants of the building,not the general public and thatthere is a reciprocal agreement with Dunn Autoon the use of the parking areas.He mentioned that setting the building backthe required 15'loses them visibility on Broadway. Edd Johnson,contractor,stated that the parkingiscurrently parallel butwiththe permission to use the adjoining property,itcan be changedto diagonal which will make iteasierto back out and access the alley.He pointed outthatthe neighboring property ownersare unlikely to provide an easement for parking purposes since itwould encumber their property. There was additional discussion bythe Council and staff was directed to investigate changingthe zoning to C-1,Central Business District. ActionTaken:Mr.Pearce moved thatthe non-conformingstructurebe approved,seconded by Mr. Liebrecht,and passed unanimously. OTHER ITEMS FOR COUNCIL CONSIDERATION AAA MOBILE HOME PARK NON-CONFORMING USE -APPEAL ^-^The Community Development Department has received an appeal oftwo ofthe conditions imposed bythe Planning Commission for the continuance ofthe AAA Mobile Home Park Non-Conforming Use.Julie Chung,AAAMobile Home Park owner,filed the appeal oftwoofthe conditions set forth in the approval ofthe AAA Mobile Home Park Non-Conforming Use bythe Planning Commission /DO I /CPt'l 6853 CITY COUNCIL MINUTES ,April 14,2009 on December 11,2008.In compliance with RCW 36.70B, this is a closed record appeal, which means the decision must be based on the record created at the Planning Commission hearing. Because the record is closed,no new evidence can be presented. Gilbert Alvarado,Community Development Director,pointed out that the information that was provided by Mrs.Chung afterthe Planning Commission meeting cannot be considered as part of the appeal. James A.Whitaker,CityAttorney,stated that people speaking during the closed record appeal normallyhave been given about 10 minutes to make their case. Mayor Covey explainedthe process of the closed record appeal. Julie Chung,owneroftheAAA Mobile Home Park,felt severalconditions imposedbythe Planning Commission should be eliminated.She felt the requirement to landscape the entire park should be changed to just landscaping the commonareaat the entrance as the rest of the areas are located on the individual lots. The requirement to providea children's playarea will contributeto the noise and disruption complained aboutatthe public hearing.She felt the requirementto hire a private code enforcement person should be eliminated andthe city should continue to provide inspection services. She pointed out that none of the other non-conforming parks have been burdened with these conditions. Billie Jo Munoz,Assistant Planner,gave some background on the process used to come to the ^^^ conditions imposed by the Planning Commission.The two conditions being appealed are the /"^ requirement to provide landscaping and open space for the children to play and the monthly inspectionsto be done byanoutside inspector.She pointed outthata landscaping plan has been a condition ofthe parksince 1997 buthas never been completed. Manyofthe tenants complained about theirchildrennot being able to playoutside.The Planning Commission feltthat open space is important tothe healthofthe tenants as well as asafe placefor the children to play.She pointed out that new mobile home parks are required to provide open space.The requirement to have monthlyinspectionsdone by an outside inspectorwas actually suggested by Ms.Chung's legal advisor at one of the Planning Commission meetings. There was some discussion by the Councilon the ability of the parkowner to providelandscaping and obtain inspection services. The Council determined it would deliberate in executive session. Hit}REQUEST TO APPLY FOR GRANT -POLICE The Police Department requested authorization to apply for a grant to fund two police officer positions. The grant will cover the cost of the employees forthree years and the city must agree to retain the positions for at least one additional year. Dean Mitchell,PoliceChief,stated thatthe grantis competitive and many agencies will be applying. Action Taken:Mr.Pearce moved that staff be authorized to apply for the grant,seconded by Mr. Liebrecht,and passed unanimously.{***} o u u u 6854 CITY COUNCIL MINUTES April 14, 2009 NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS CROSSROADS PHASE 3 Dr.James Young stated that the developer of the Crossroads subdivisions is irresponsible in allowing construction debris to invade the neighboring properties. Gilbert Alvarado,Community Development Director,stated that the Code Enforcement Officers contact developers about their debris when the city receives a complaint. Jim Whitaker,City Attorney,explained the remedies that a property owner has available to them in regards to littering. SIGN -TAX DAY TEA PARTY Alan Odermann,Tax Day Tea Party,stated that they are having a rallyinthe Civic Center Park and requested permission to display a sign duringthat rally.The sign will be removed by 6 p.m. on the day of the rally. Action Taken:Mr.Lane moved that the temporary sign be allowed with the condition that it be removed immediately after the rally,seconded by Mr.Liebrecht, and passed unanimously. SIGNS -LETTER CARRIERS The National Association of Letter Carriers requested permission to post four temporary signs in public right-of-way toadvertise theirnational fooddriveon May 12.The banner signs will be about 3'by 6'and about 3'off the ground. Action Taken:Mr.Deane moved that the request be granted,seconded by Mr.Liebrecht, and passed unanimously. COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS GROWING COMMUNITY -ASPI Joseph K.Gavinski,City Manager,stated that Kim Foster of ASPI forwarded an article from the Seattle Times concerning growth inWashington State. He mentioned that Grant County is the fastest growing county in the state. GRANT COUNTY ANIMAL OUTREACH Joseph K.Gavinski,City Manager,provided information from the Grant County Animal Outreach that shows 161 dogs have been surrendered since the first ofthe year. Ofthat 161,50 were pit bulls SURF AND SLIDE PARK -AWARD Joseph K.Gavinski,City Manager,stated that the Washington Recreation and Park Association /?/•? has selected the city's Surf 'n Slide park expansion to received the Best Facility - Class II honors at their annual award banquet on April 30. //*>£> /a?o /&?o /D?. /Q23 6855 CITY COUNCIL MINUTES April 14, 2009 JJ</3 COUNCIL/STAFF REPORT Joseph K.Gavinski, City Manager,provided a report on the 2009 Council/Staff Retreat. /03°BUILDING ACTIVITY REPORT The March 2009 Building Activity Report was presented. )I3U QUARTERLY FINANCIAL REPORT The quarterly financial report has been placed on the city's website. I)5f-/)GAMBLING TAX REPORT The first quarter gambling tax report was presented. /OOZ INVESTMENT REPORT The city received $22,569.29 in investment income for March 2009. iJ^fsS SALES TAX/TRANSIENT RENTAL INCOME Ijs'f £> The city received $363,518.70 in sales tax and $31,765.70 in transient rental income in March 2009. ' IO/9 LAKESHORE/PENINSULA PHASE II -FUNDING Joseph K.Gavinski,City Manager,stated that the city will be receiving funds from the federal stimulus package to complete Phase II ofthe Lakeshore and Peninsula project. He mentioned that some properties in the project area have covenants for the improvements or reimbursement schedules established.The Council should determine whether or not those covenants and reimbursement schedules should be used or just have the grant money fund the project. The regular meeting was recessed at 10 p.m.and the Council met in an executive session with the City Attorney to discuss litigation and the AAA Mobile Home Park appeal. The executive session was adjourned at 10:28 p.m.and the regular meeting was reconvened. Iiytf AAA MOBILE HOME PARK NON-CONFORMING USE -APPEAL Action Taken:Mr.Pearce moved that the decision of the Planning Commission be sustained and the Findings of Fact be adopted,seconded by Mr.Liebrecht,and passed unanimously. The regular meeting was adjourned at 10:30 p.m ATTEST Ronald C.Covey,Mayor ~>^ fonald R.Cone,Finance Director u ^J 0» BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE APPEAL OF THE CONDITIONS OF AAA MOBILE HOME PARK NON-CONFORMING USE NO.09-01 FINDINGS OF FACT,CONCLUSIONS, AND DECISION TO SUSTAIN 1.A closed record hearing was held upon proper notice before the City Council on April 14,2009.The matter before the City Council was: 1.1 Conditions imposed upon AAA Mobile Home Park to be permitted to continue to operate as a non-conforming use by the Planning Ccommission numbers 2 and 4. 1.2 The parties to this appeal are: Julie Chung,the appellant,party with standing,and The City of Moses Lake Planning Commission,respondent. 1.3 Evidence.The CityCcouncil considered the following evidence and arguments. 1.The record from the open record hearing before the Planning Commission held on August 28,September 25,October 16,November 13, and December 11,2008,consisting of the audio recordings of the hearing, all written materials submitted to the Planning Commission,allexhibits entered by the Planning Commission and the Findings of Fact,Conclusions and Decision of the Planning Commission. 2.The written appeal and argument of Julie Chung in support of her position on this appeal set forth in her notice of appeal. 3. The argumentofcitystaffon behalfofthe Planning Commission anda staff report. 2. FINDINGSOF FACT:Based upon the evidence inthe record,the CityCouncil makes the following findings of fact: 2.1 The action of the Planning Commission in imposing conditions on the AAA Mobile Home Park allowing itto continue to operate as a non-conforming use is supported by the record below. 2.2 The appellant has not provided evidence in the record that: 1.Conditions 2and 4 imposed by the Planning Commission are not supported fT^ bythe record. Ms.Chung may determine inher sole judgment what portion ofthe AAA Mobile Home Park is to be landscaped to provide a play area for resident children;and 2. Ms. Chung proposed in her initial appearance before the Planning Commission that she could hire a qualified private inspector to make monthly inspections of her parkand then oversee private enforcement of those code violations.She now seeks to renege on that offer. 2.3 Conditions 2 and 4 imposed on AAA Mobile Home Park are reasonable and supported by the record. 3.CONCLUSIONS:From the foregoing findings of fact the City Ccouncil makes the following conclusions: 3.1 The PlanningCommission isvested with the authorityto impose conditions upon non-conforming uses if they are to be permitted to continue. 3.2 This closed record hearing is properlybefore the City Council. 3.3 The imposition of conditions 2 and 4 upon the AAA Mobile Home Park by the Planning Commission as conditions for the AAA Mobile Home Park to be /""> permitted to continue to operate as a non-conforming use is supported by the ' record below. 3.4 The decision of the Planning Commission should be sustained. 4.DECISION:On the basis of the foregoing findings of fact and conclusions,it is the decisionofthe CityCouncil ofthe Cityof Moses Lakethatthe decisionofthe Planning Commission imposingconditions2 and4 upon AAA Mobile Home Parkas conditions of the Park's ability to continue to operate as a non-conforming use is sustained. Approved Ronald C.Covey Mayor n