2009 05 12^J
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MOSES LAKE CITY COUNCIL
May 12,2009
Council Present:RonCovey,Bill Ecret,Jon Lane,Richard Pearce,Dick Deane,JimLiebrecht, and
Brent Reese
The meeting was called to order at 7 p.m. by Mayor Covey.
PLEDGE OF ALLEGIANCE:Councilman Deane led the Council in the pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes of the April28,2009 meeting be changed to reflect
thatDeputyMayor Pearcepresidedoverthe Lakeshore Motel agenda item,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 reimbursementclaims,certified as required by RCW42.24.090, 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 May 12,2009the Council does approve for payment claims in the amount of $649,519.70;
prepaid claims in the amounts of $21,438.33 and $35,923.02; claim checks in the amount of
$884,150.23; and payroll in the amounts of $42,850.96 and $2,689.87.
Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be
approved,seconded by Mr.Reese,and passed unanimously.
PRESENTATIONS AND AWARDS
CITIZEN PRESENTATION -VOTH
Dean Mitchell,Police Chief,presented Todd Voth with a plaque in appreciation of his help in
apprehending a suspect on March 19,2009
Mr.Voth expressed his appreciation for the recognition but pointed out that the city's Police
Departmentshould be commended for theirefforts to protectthe citizens of Moses Lake.
CONSENT AGENDA
Ordinance - Amending Chapter 18.06 -2nd Reading: The ordinance amending Chapter 18.06 of /O^l
the Moses Lake Municipal Code entitled "Definitions"was presented.
Ordinance- Amending Chapter 18.09 -2nd Reading:The ordinanceamending Chapter18.09of fO^y
the Moses Lake Municipal Code entitled "Zoning Districts and Map"was presented.
Ordinance -Amending Chapter 18.20 -2nd Reading: The ordinance amending Chapter 18.20 of /O^y
the Moses Lake Municipal Code entitled "Residential Zones"was presented.
^-^Ordinance -Amending Chapter 18.30 -2nd Reading:The ordinance amending Chapter 18.30 of /O^/
the Moses Lake Municipal Code entitled "Commercial Zones" was presented.
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CITY COUNCIL MINUTES May12, 2009
/O^f Ordinance -Amending Chapter 18.31 -2nd Reading:The ordinance amending Chapter 18.31 of
the Moses Lake Municipal Code entitled "Additional Requirements in the NC,Neighborhood
Commercial Zone"was presented.
/Q'Sy Ordinance -Amending Chapter 18.40 -2nd Reading:The ordinance amending Chapter 18.40 of
the Moses Lake Municipal Code entitled "Industrial Zones"was presented.
/OS7 Ordinance - Amending Chapter 18.41 -2nd Reading: The ordinance amending Chapter 18.41 of
the Moses Lake Municipal Code entitled "BP,Business Park Zone"was presented.
/0$y Ordinance- Amending Chapter 18.48 -2nd Reading: The ordinance amending Chapter 18.48 of
the Moses Lake Municipal Code entitled "P, Public Zone"was presented.
/OScf Ordinance -Amending Chapter 18.49 -2nd Reading:The ordinance amending Chapter 18.49 of
the Moses Lake Municipal Code entitled "Site Plans"was presented.
/OS1/Ordinance -Amending Chapter 18.60 -2nd Reading:The ordinance amending Chapter 18.60 of
the Moses Lake Municipal Code entitled "Factory Built Homes"was presented.
/OS€/Ordinance -Amending Chapter 18.65 -2nd Reading:The ordinance amending Chapter 18.65 of
the Moses Lake Municipal Code entitled "Manufactured Home Parks"was presented.
/Q5C/Ordinance -Amending Chapter 18.67 -2nd Reading:The ordinance amending Chapter 18.67 of ^^^
the Moses Lake Municipal Code entitled "Planned Development District Zone"was presented.(T)
/Os/Ordinance -Amending Chapter 18.69 -2nd Reading:The ordinance amending Chapter 18.69 of
the Moses Lake Municipal Code entitled "Non-Conforming Use"was presented.
JOSy Ordinance- Amending Chapter 18.71 -2nd Reading: The ordinance amending Chapter 18.71 of
the Moses Lake Municipal Code entitled "RecreationalVehicle Parks"was presented.
/OS1/Ordinance -Amending Chapter 18.78 -2nd Reading:The ordinance amending Chapter 18.78 of
the Moses Lake Municipal Code entitled "Personal Wireless Service Facilities"was presented.
/OS?Ordinance -Amending Chapter 18.80 -2nd Reading:The ordinance amending Chapter 18.80 of
the Moses Lake Municipal Code entitled "Hearing Examiner"was presented.
/OS v Ordinance -Amending Chapter 18.81 -2nd Reading: The ordinance amending Chapter 18.81 of
the Moses Lake Municipal Code entitled "Amendments and Zone Changes"was presented.
//&lf Ordinance -Westlake PUD - Single Reading.Westlake Village Major Plat.Westlake Villas 1 Major
Platand Findings of Fact: Ed Greer,representing Odell Crittenden,has submitted applications for
two major plats and a 67-acre planned unit development containing 47.5 acres of single-family
residential uses and 19.5 acres of commercial uses,including a gas station/convenience store,
large retail store,grocery store,small retail stores,two restaurants,and two hotels.The
commercial area will be platted as Westlake Village MajorPlat, and Westlake Villas—1 MajorPlat
is the first of five residential plats.The site is located north of North Frontage Road,west ofHansenRoad,south of Fairway Drive,and east ofthe Moses Lake Country Club.Seventeen acres fm^
of the site is zoned C-2 General Commercial,and 50 acres ofthe site is zoned R-1 Single Family ^
Residential.The zoning corresponds with the Comprehensive Plan Land Use Designations of the
site.The proposed density for the residential portion of the project is 3.8 dwelling units per acre.
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CITY COUNCIL MINUTES May 12,2009
(^J The Planning Commission recommended that the preliminary plats and the planned unit
^""^development be approved with conditions.Attached for approval are the Findings,Conclusions
and Decision ofthe Planning Commission.The ordinance establishing theWestlake Planned Unit
Development Major Plat is presented for Council consideration and should be adopted ona single
reading.
Sun Terrace Phase1 Final Maior Plat and Findings of Fact:AhoConstruction hassubmitteda final //*?(?
plat for an 81-lot plat located east of Road F,north of the North Frontage Road,andwest of
F.2/Fairway Drive.The areaiszoned R-1,Single Family Residential,which corresponds with the
Comprehensive Plan Land Use Designation of Low Density Residential.The Planning Commission
recommended that the final plat be approved with conditions. Attached are the Findings,
Conclusions and Decision of the Planning Commission.
Resolution -Accept Deed - Shield: A resolution was presented which accepts a deed from /G^£>
Stephen andWendi Shield for the reconstruction of Peninsula Drive Phase II.
Resolution -Accept Improvements -Alderbrook Estates Maior Plat:A resolution was presented //<2te
which accepts the street and utility improvements forAlderbrookEstates Major Plat.
Resolution -Accept Improvements -Walker Hills Maior Plat:A resolution was presented which JM i?
accepts the street and utility improvements forthe Walker Hills Major Plat.
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Resolution -Checks:A resolution was presented which lists the employees authorized to sign J/3C?/|
checks on behalf of the city.
Resolution-Inter-Fund Loan:A resolution was presented whichauthorizedan inter-fund loanfrom /Q/O -/\
the Sanitation Fund to the Building Maintenance Fund.
Action Taken:Mr.Reese moved that the Consent Agenda be approved,seconded by Mr.Pearce,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
BASIN PIECEMAKERS QUILT GUILD -SIGNS
/OJO
The Basin Piecemakers QuiltGuild is sponsoring a quilt show at Moses Lake High School on June
26 and 27,2009 and requested permission to display four quilt show advertising banners at
different locations within the city limits for two weeks leading up to the quilt show dates.
Sally Goodwin,representing the Basin Piecemakers Quilt Guild,stated that they would like to
display the banners at Larson Playfield,Neppel Landing,Chief Moses Middle School fence,and
5 corners.
-x There was some discussion about the proliferation of the requests for temporary signs and it was
I J determined that a study session should be held to discuss the-issue.
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CITY COUNCIL MINUTES May 12, 2009
Action Taken:Mr.Pearce moved that the signs be approved in the requested locations for only (T )
one week priorto the event,seconded by Mr.Lane,and passed unanimously.
/O£0 B FEST 2009 -SIGNS:The Moses Lake B Fest requested permission to place four banners
advertising their event on June 19 and 20.The signs would be erected on June 5 and removed
by June 22.The signs will be located at Larson Field, Neppel Landing, Kwicky Corner, and Five
Corners.
Action Taken:Mr.Lane moved that the signs be approved in the requested location for one week
priorto the event,seconded by Mr.Liebrecht,and passed unanimously.
/OcZO MOSES LAKE PIRATES - SIGNS
The Moses Lake Pirates Baseball Clubs requested permission to place five sandwich board signs
offsite on game days.The signs will be located at Larson Field,Broadway and Stratford near
Walgreen's,Neppel Landing,Five Corners,and on Wheeler Road near REC Silicon.The signs
would be placed in the morning of game day and removed the same evening.
Brent Kirwan,representing the Moses Lake Pirates,stated that the sandwich board signs are the
best advertising they have to remind people of the games.He mentioned that there are only three
sandwich board signs but they are placed at the requested locations on an alternating basis.
Action Taken:Mr.Liebrecht moved that the request be granted,seconded by Mr.Lane,and
passed unanimously.
/&ZO FREEDOMTEA RALLY -SIGNS
Alan Odermann,representing the Freedom Tea Rallyorganization,requested permission to place
signs inapproximately 11 differentlocations toadvertise a rally on Wednesday,July 1,from 4:30
to 7 p.m. Permission was requested to place the signs advertising the rally starting June 8.
There was considerable discussion on the numberof locations being proposed,a limiton the length
of timethe signs couldbe displayed,the type of signs, and other avenues to advertisethe rally.
Mr.Odermann stated that they have four signs which would be moved from locationto location.
ActionTaken:Mr.Liebrechtmoved that permission be granted for four 4'x 4'signs to be erected
one week before the rally in the locations proposed,seconded by Mr.Pearce,and passed
unanimously.
//5^SAND DUNES WASTEWATER TREATMENT PLANT -REQUEST TO USE
The Moses Lake R C Modelers requested permission to use property at the Sand Dunes
Wastewater Treatment Plant for a model airplane fly-in on June 12 and 13.Permissionwas also
requested for overnight camping in theparking lot for the participants who have self-contained RVs.
ActionTaken:Mr.Pearce moved that the request be granted,seconded by Mr.Liebrecht,and
passed unanimously.
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CITY COUNCIL MINUTES May 12,2009
M ORDINANCES AND RESOLUTIONS
ORDINANCE -ANIMAL CONTROL -2nd READING
An ordinance was presented which separates the actions of a vicious dog from the status of
keeping a vicious dog.
The ordinance amending Chapter 6.05ofthe Moses LakeMunicipal Codeentitled "Animal Control"
was read by title only.
James A.Whitaker,City Attorney,explained the changes tothe animal control regulations.
There was considerable discussion by the Council.
ActionTaken:Mr.Pearce moved thatthe second readingofthe ordinancebe adopted,seconded
by Mr.Reese,and passed unanimously.
RESOLUTION -BUILD ON UNPLATTED PROPERTY -EKA CHEMICALS
A resolution was presentedwhich allows EkaChemicals to construct aconcrete containment dike
and install two40,000 gallon above ground multi-purpose fiberglass tanks on unplatted property
located on Road N NE.
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The resolution allowing EkaChemicalsto build on unplatted property was readby title only.
Gilbert Alvarado,Community Development Director,reminded the Council that other requests to
build on unplatted property havebeen granted and explained thatthe cityis experiencing problems
with due to failure to plat. He mentioned that enforcement action will need to be started on those
who have not yet begun the platting process. He pointed out that Eka Chemicals has indicated
they will start their platting process in early 2010.
Lind Bingham, representing Eka Nobel, explained the reasons for needing to construct the tanks
and the containment dike and mentioned they would begin the platting process in early 2010.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
REQUEST TO CALL FOR BIDS
CITY HALL UTILITY PROJECT
Staff requested permission to call for bids to reroute and install water,sewer,power, phone,
telephone,and fiberoptic lines to serve the proposed city hall expansion.The project will also
includethe constructionofa 50 space parking lotto serve future needs and to replace spaces that
will be lost to the building's construction.
(^J Action Taken:Mr.Reesemoved that staff beauthorized tocall for bids,seconded byMr.Pearce,
and passed unanimously.
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CITY COUNCILMINUTES May 12,2009
REFERRALS FROM COMMISSIONS
/DD(?AIRPORT SEWER REIMBURSEMENT CHARGES
The Airport Commission recommended that the reimbursement for the extension of the sewer
through the Municipal Airport property along Road 4 and for a portion of Municipal Hanger Road
be paid by the Airport Fund.The reimbursement amounts to $60,573.50 and will be repaid as
development occurs and hook-ups are madeto the sewersystem.The reimbursement chargewill
nearly eliminatetheAirport Fund Balanceand the AirportCommission has requested thatthe funds
be replaced by a transfer from the General Fund to the Airport Fund.
Ron Cone,Finance Director,explained that the transfer is in keeping with state law and city
ordinances.He pointed outthat the Airport Commission has been diligent in spending the Airport
Fund monies and in obtaining grants for projects.
There was some discussion on the funding of the sewer line and the reimbursement charges.
Action Taken:Mr.Ecret moved that $60,573.50 be transferred from the General Fund to the
Airport Fund,seconded by Mr.Lane.
Mr.Liebrecht pointed outthat the sewer line was notextended to serve allthe lots on the Municipal
Airportand only one parcel has been connected.He did not feel it was correct to require only one
parcel to pay the reimbursement charge.
The motion passed with Mr.Liebrecht opposed.(|)
OTHER ITEMS FOR COUNCIL CONSIDERATION
//£,£,SPARKS -WATER MAIN EXTENSION
The city participated in the water main installed in the first 840 feet of water main on Kitttelson
Road. The city paid for one halfofthe cost ofan 8"water mainand all the cost foroversizing from
8"to 12".The water main is now being extended 740 feet by Mr.Sparks who is requesting the
same participation.
Gary Harer,Municipal Services Director,explained the prior city participation and requested
Council directionon whether or not the citywould participateinthe proposed extension.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the city participate in the water main extension in the
approximate amount of $33,942,seconded by Mr.Liebrecht,and passed unanimously.
jQSfr ANNEXATION -LIND
Dwane Lind submitted a Notice of Intention to Commence Annexation Proceedings for
approximately 4 acres located on Kittelson Road.
Joseph K.Gavinski,City Manager,stated that Mr.Lind owns the two lots to the west of the area f)
requested to be annexed but has indicated that he does not wish to have them annexed at this
time.He requested direction from Council on whether or not to include that additional prop§809
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CITY COUNCIL MINUTES May 12,2009
owned by Mr.Lind.He pointed outthatifthe Notice of Intent is accepted,there is no wayto
expand the area to be annexed.
There was some discussion bythe Council and itwas the consensus thatthe additional property
owned by Mr.Lind be included as well asthe small strip of property tothewestofthose lots.
Action Taken:Mr.Pearce moved that the Notice of Intention to Commence Annexation
Proceedings be rejected,seconded by Mr.Liebrecht,and passed unanimously.
ANNEXATION -PUD
The Grant County PUD submitted a Notice of Intention to Commence Annexation Proceedings for
approximately 23.20 acres ofproperty located atthe corner ofStratford Road and Kinder Road and
on Wenatchee Avenue.
Joseph K.Gavinski,City Manager,mentioned that the property requested bythe PUD to be
annexed tothe city will create an island of commercial property.The owners of this commercial
property have already indicated they do not wish tobe annexed tothe city.In order to have any
possibility of including the commercial property in the city,the Notice of Intent should not be
accepted at this time.
Steve Schmedding,representing the PUD,statedthatthe PUD wishestoexpandthe Moses Lake
ServiceCenterby adding warehousespace,dispatch yard,waste management storage building,
and other amenities and wish to have city water and sewer service.
There was considerable discussion concerning the problems with creating islands of non-
incorporated property inside the city's limits.
Action Taken:Mr.Reese moved that the Notice of Intention to Commence Annexation
Proceedings be rejected,seconded by Mr.Pearce, and passed unanimously.
PUD -FIBER OPTIC HUT
The Grant County PUD is interested in placing a fiber optic shelter on a portion of the Larsen
Playfield Plat.Staff recommended that the PUD purchase the 7,125 square foot parcel bounded
by Peninsula Drive and Florence Avenue where they wish to place the fiberoptic hut.
Joseph K.Gavinski,City Manager,stated that the Council should direct staffon whether or not the
PUD should purchase the property and, if so, at what price. He pointed out that the property is
essentially unusable bythe city and was treated the same as right-of-way in establishing the value.
Action Taken:Mr.Pearce moved that the property be sold to the PUD for $15,000 and the money
be placed in the Parks and Recreation Fund,seconded by Mr.Lane,and passed unanimously.
LAKESHORE/PENINSULA PROJECT
JO/9Thecitywillbe receiving federal stimulus money for Phase 2 of the Lakeshore/Peninsula roadway ^—
rebuilding project.Thereareexisting covenantsand reimbursement areaswithin this project which 1/2-</
could total over $1,000,000.Staff requested direction on whether or not to call inthe covenants
and seek reimbursements forreplatted, unplatted, and ancient platted property.
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CITY COUNCIL MINUTES May 12,2009
Joseph K.Gavinski,City Manager,distributed maps showing the different project phases,the
unplatted property,the property that might be replatted,and the existing covenants.He mentioned
that there isa potential forover$1,000,000 in reimbursements that would be obtained overa period
of years.He pointed out that the city has already collected on covenants and reimbursements in
Phase I and those property owners may request the return of those funds if the other
reimbursements are not called in.
There was considerable discussion by the Council and since there are existing covenants in other
areas of the city and covenants have already been called in for this development,it was the
consensus to call in the covenants and establish the reimbursement.Council directed stafftowork
with the property owners to enable them to pay the covenant cost over time.
Action Taken:Mr.Lane moved that staff be directed to call the covenants in Phase 2 and Phase
3 and establish the reimbursements for the replatted,unplatted,and ancient platted property,
seconded by Mr.Liebrecht,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
I If7 CODE ENFORCEMENT
Mr.Liebrecht requested staff to investigate possible code violations along East Broadway
Extended.
SIGNS
A study session was set for 6 p.m.on May 26 to discuss the sign regulations for all types of
temporary signs,banner signs,and sandwich board signs.
CITY MANAGER REPORTS AND COMMENTS
//JS~MARINA DRIVE PARK
Joseph K.Gavinski, City Manager, distributed pictures of the improvements made along Marina
Drive to the city's property adjacent to the lake.
/QZqA BUILDING ACTIVITY REPORT
The April 2009 BuildingActivity Report was presented.
/0O3>INVESTMENT REPORT
The cityreceived $23,305.64 ininvestment income for April 2009.
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)\il^SALES TAX/TRANSIENT RENTAL INCOME
jjU &The cjty recejved $346,570.37 in sales tax and $29,127.16 in transient rental income in April 2009./~v
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CITY COUNCIL MINUTES
PROJECTS UPDATE
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May 12,2009
Gilbert Alvarado,Community Development Director,distributed an update ofthe current projects
and explained the progress of each project.
The regular meeting wasrecessedat 10:05 p.m.and the Council met in an executive session with
the City Attorney to discuss litigation for 15 minutes.The executive session was adjourned at
10:20 p.m. and the regular meeting was reconvened.
The regular meeting was adjourned at 10:20 p.m.
ATTEST Ronald C.Covey,Mayor
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Ronald R.Cone,Finance Director
/03O