2009 10 13u
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6935
MOSES LAKE CITY COUNCIL
October 13,2009
Council Present: Richard Pearce,Bill Ecret, Jon Lane, Dick Deane,Brent Reese,and Jim
Liebrecht Absent:Ron Covey
The meeting was calledto orderat7 p.m. by Deputy Mayor Pearce.
PLEDGE OF ALLEGIANCE:Mr.Ecret led the Council in the pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes of the September 22, 2009 meeting be approved,
seconded by Mr.Lane, and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Vouchers audited and certified bythe Finance Director as required byRCW 42.24.080,andthose
expense reimbursement claims,certified as required byRCW 42.24.090,have been recorded on
a listing which has been made available tothe Council for approval and is retained for public
inspection at city hall.
As of October 13, 2009 the Council does approve for payment claims in the amount of
$897,282.49;prepaid claims in the amounts of $53,366.36,$53,789.74,and $2,711.68;claim
checks inthe amount of $1,482,868.54;and payroll inthe amount of $2,745.27.
Action Taken:Mr.Lane moved that the bills,checks,prepaid claims, and payroll issued be
approved,seconded by Mr.Deane, and passed unanimously.
PRESENTATIONS AND AWARDS
WASHINGTON STATE HEALTHY COMMUNITIES AWARD
The Washington State Department of Health presentedthe city the Washington State Healthy
Communities Award.
Joseph K.Gavinski,City Manager,stated that the award was presented to the cityat the Joint
Conference on Health in Yakima.He mentioned that the Department of Health was most
impressed withthe factthe city's obesity ratehas leveled offwhileobesity rates inother cities have
continued to rise. Along withthe plaque the citywas presented withtwo signs to be erected which
indicates the city is a healthy community.
FIRE DEPARTMENT
Travis Pulliam,Paramedic/Firefighter,was presented to the Council.
CONSENT AGENDA
Alton Gaskill Short Plat -Deviation and Deferral Requests:Bruce and Alton Gaskill requested //<%0>
deviations and deferrals of the subdivision requirements fora proposed short platlocated on Grape
Drive between Virginia and Luta Streets.The existing lot is proposed to be divided into two lots
with frontages on both Virginia and Luta. The Planning Commission recommended that the
V_y deviation and deferral requests be approved as follows:
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CITY COUNCIL MINUTES October 13, 2009
A.The deviations to corner lotwidth,depth,and area shall be granted,with the condition that
no alteration of setbacks will be approved for a building permit on these lots.
B.The deferral of street improvements shall be granted,with the condition that a covenant be
recorded for the plat guaranteeing the improvements in the future. However,the
reconstruction of the two curb ramps and the removal of the existing driveway on Grape
Drive shall not be deferred.
C. A deferral of the timing of landscape installation shall be granted.Street frontage
landscaping may be installed when the lotis developed,and the Certificate of Occupancy
for a house shall not be issued until the required street frontage landscaping for that lot is
installed,unless a surety,acceptable to the City Attorney,is provided.
//£(?Maiers Industrial Park Preliminary Maior Plat and Findings of Fact:Maiers Industrial Park,Inc.has
submitted an application fora one lot,23.01 acre, platlocated at 13070 and 13184 Wheeler Road.
The area is zoned Heavy Industrial,which corresponds with the Comprehensive Plan Land Use
Designation of Industrial.Deviationswere requested forthe scale of the drawings and forblock
length. A deferral of improvements to Wheeler Road was requested and a waiver of the water
main on the north side of Wheeler road was requested.The Planning Commission recommended
that the preliminaryplat be approved with conditions.The Findings of Fact were also submitted
for approval.
//<3Cp Walker Hills Final Maior Plat and Findings of Fact:ABK LLC submitteda final plat for a 12-lot plat
on 4.84 acres located east of Division Street,south of Nelson Road and north ofJones Avenue.(T^\
The site is zoned R-3,Multi-family Residential,which corresponds with the underlying '
Comprehensive Plan Land Use Designations of High Density Residential. There were no
significant changebetweenthe preliminary and final plat.The Planning Commissionrecommended
that the final platbe approved. The Findings of Factwere also submitted forapproval.
/D/3 Resolution -Accept Easement - Moses Lake School District:A resolutionwas presented which
accepts an easement from the Moses Lake School District for municipal purposes along the
southerly half of Hermit Road.
JO/3 Resolution -Accept Easement -Crittenden 2nd Addition Maior Plat:A resolution was presented
"7>Sf£wnicn accePts an easement from O'Dell and Sandra Crittenden for municipal purposes as part of
the Crittenden 2nd Addition Major Plat.
//^U Resolution -Accept Street and Utilitv Improvements -Crittenden 2nd Addition Maior Plat:A
resolution was presented which accepts the street and utility improvements constructed as part of
the Crittenden 2nd Addition Major Plat.
//J)(f Resolution -Accept Street and Utilitv Improvements -Walloreens:Aresolution was presented
which acceptsthe streetand utility improvements constructed as part ofWalgreens.
//<£(?Resolution -Accept Street and Utilitv Improvements -Hermit Road.Lakeshore Drive,and
Peninsula Drive:A resolution was presented whichaccepts the street and utility improvements
constructed along Hermit Road,Lakeshore Drive and Peninsula Drive as part ofthe newSage
Point Elementary School.f~*}
ActionTaken:Mr.Deane moved that the Consent Agenda be approved,seconded by Mr.Lane,
and passed unanimously.
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CITY COUNCIL MINUTES October 13,2009
VISION 2020 -ALLEY IMPROVEMENTS
Vision 2020has been working onthe alley improvement project inthe downtown areaandisata
point where a cost estimate is needed for the excavation work that will be necessary to
underground thepower,phone,and cable lines.Since Vision 2020 isa non-profit organization and
an excavator can not be locatedwho will give a cost estimate of the work free of charge, they are
asking the city to take control ofthe project,gather the remainder ofthe cost estimates,and
provide the information to the downtown business owners.
Mr.Ecret,Chair ofVision 2020,statedthatmany people haveworkedonthis project overtheyears
and the PUD has supported it by providing staffto work with Vision 2020.SinceVision 2020 has
no funds,the request is for the city to now takethe lead in obtaining a cost estimate that can be
provided to the business owners.
ActionTaken:Mr.Lane moved that staff be directedto provide the needed cost estimates on the
downtown alley improvement project,seconded by Mr.Reese.
Mr.Liebrecht was opposed tothe city providing anymore funding for the downtown area due to
the slow economic situation and other projects the city is involved in.
There was some discussion on why the city should support this project.
The motion passed with Mr.Liebrecht opposed.
BIG BEND COMMUNITY COLLEGE -SIGNS
Regan Cardwell,Program Assistant for the Center for Business andIndustry Services at Big Bend
Community College,requested permission to place signs atthe Starbucks corner nearWal-Mart,
somewhere inthe vicinity of Safeway, and the cornerof Broadwayand Third (Kwicky Corner).
Deputy Mayor Pearce pointed out that the area by Starbucks is not city property.
Action Taken:Mr.Reese moved that permission granted fora sign at Five Corners and a sign at
KwickyCorner from October 14 to 23,seconded by Mr.Ecret, and passed unanimously.
FIRE DEPARTMENT -SIGN
The Moses Lake Fire Department requested permission to erect a sign advertising the Fireman's
Breakfast at both fire stations and at Kwicky Corner.
Action Taken:Mr.Liebrecht moved that permission be granted for the signs to be placed from
October 14 to 24,seconded by Mr.Lane,and passed unanimously.
MOSES LAKE BUSINESS ASSOCIATION -SIGN
The Moses Lake Business Association requested permission to place a banner sign at Kwicky
Corner from November 20 to December 5.The sign will advertise the Ag Parade.
K-J Action Taken:Mr.Ecret moved that permission be granted for the sign,seconded by Mr.Lane,
and passed unanimously.
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CITY COUNCIL MINUTES October 13,2009
/q6Z PATIO COVERS T
Letters were received from Gary and Joanne Haugen,Jacqueline Scott,and Lauren MeHarry
concerning patio covers that were erected in back yards without permits.
Deputy Mayor Pearce pointed out that the Council previously addressed the issue by making a
change in the setback standards inorder to allowthe patio covers to encroach intothe setbacks.
Gilbert Alvarado,Community Development Director,stated that after the code was amended in
order to allow the patio covers to encroach into the rear yard setback,the property owners were
notified and requested to obtain a building permit. He pointed out that the building codes followed
by the city are adopted by the state and then adopted by the city.
Kevin Myre, BuildingOfficial,explained the requirements of the building code and how they relate
to the patio covers.He pointed out that the roof systems must be designed to support not only the
structure but also a 100 lb. per square foot snow load. An attached patio cover increases the load
on the roof system,which is not designed to carry the load.The columns that support the patio
covers are generally on a 4" slab which does not meet the definitionof a footing.
Gary Haugen,1851 Leanne Avenue,stated that he did not agree that a footing is necessary under
his porch columns,which-rest on a concrete slab,since the concrete slab will not adhere to a
footing and any frost heaving will lift the slab. He pointed out that he could disconnect the patio
cover from his home and connect itto the concrete slab and no footings would be required.He
mentioned that under the city's ordinances,the stand alone patio cover would have to be at least (T^
5'from the house.He wanted to know if he could setthe patio cover up as a stand alone structure '
and still leave it attached to the home.
Mr.Myre stated that he wouldneed toverifythe distance from the house on the stand alone patio
with the city's planners.
LaurenMeHarry,Action Installations,stated thathe has an stamped engineers drawing that shows
that patio covers up to 12'can be supported by typical trusses.
There was some discussion concerning the situation and itwas pointed out that Council could
provide no relief.The property owners and the installer will needto work with city stafforappeal
to the Hearing's Examiner.
;o3G ORDINANCE -AMEND 16.02 -BUILDING PERMITS -2nd READING
An ordinance was presented which amends the regulations on building permits by removing the
International Existing Building Code from the extra codes adopted and amending a provision ofthe
Uniform Code for the abatement of Dangerous Buildings.Thereisaspecificsectionofthe Uniform
Code for the Abatement of Dangerous Buildings which refers to a violation as a misdemeanor
rather thana civil infraction.Thisspecificsectionisused to postbuildings as uninhabitable.Since
the notice needs to be abletobe enforced criminally to be effective, ithas been changed to provide
the violation of the order violate state law as opposed to city ordinance.
The ordinance amending Chapter 16.02 of the Moses Lake Municipal Code entitled "Building /-s
Permits"was read by title only.
Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded
by Mr.Deane, and passed with Mr.Liebrecht opposed.
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CITY COUNCIL MINUTES October 13,2009
i^J ORDINANCE -AMEND 16.48 -FIRE HYDRANTS -2nd READING
Anordinance was presented which deletes the penalty section in Chapter 16.48,Fire Hydrants,
since a recently adopted ordinance provides for administrative enforcement of violations.
Theordinance amending Chapter 16.48 ofthe Moses Lake Municipal Code entitled "Fire Hydrants"
was read by title only.
Action Taken:Mr.Ecretmoved thatthe second reading of the ordinance be adopted, seconded
by Mr.Reese,and passed unanimously.
RESOLUTION-ABANDON EASEMENT-MUNN PROPERTY MANAGEMENT LLCSHORTPLAT /O/J
Munn Property Management,LLC requested the abandonment ofa 10'easement located on the
northwesterly lot line oftheir property adjacent to Broadway Avenue and the abandonment ofa 5'
easement along the westerly lot line.The PUD is opposed to the abandonment of these
easements as the one adjacent to Broadway may be needed in the future for street lights,a
crosswalk,or other facilities.The abandonment of the easement along the side lot line would
minimize their ability to maintain their current and future electrical facilities in the vicinity.
The resolution authorizing abandonmentof an easement was read by title only.
Gilbert Alvarado,Community Development Director,statedthatneither the proponent nor the PUD
i were in attendance. He mentioned that Munn Property Management wishes to vacate the
^—y easement in order to place permanent signage in those areas.He pointed out that the city has
allowed permanent signage in easements inthe past.
It was suggested thatnoaction be takenonthe requestuntil the proponent andthe PUD canbe
in attendance.
ActionTaken:Mr.Lane moved that the request be tabled,seconded by Mr.Reese,and passed
unanimously.
RESOLUTION -ACCEPT GRANT -U.S.MARSHALL SERVICE
A resolutionwas presented which accepts $36,000 funds fromthe U. S.Marshall's Office for use
by the Police Departmentto participate in a Fugitive Task Force in association with the U.S.
Marshall Service for Eastern Washington.
The resolution accepting funds for the Moses Lake Police Department from the U. S. Marshall's
Office was read by title only.
Action Taken:Mr.Liebrecht moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
STORMWATER
,>Darren Jackson,1308 S.Hamilton,stated that he has researched the stormwater issue and found
\_y that the City of Pullman is the only city in Eastern Washington who is in compliance at this time.
There was some discussion on where the city is in the process.
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CITY COUNCIL MINUTES October 13, 2009
BUDGET STUDY SESSION
Joseph K.Gavinski, City Manager,requested a study session to discuss the preliminary budget
on October 27 at 6 p.m.
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''33 'BUILDING ACTIVITY REPORT
The September 2009 Building Activity Report was presented.
/QO^INVESTMENT REPORT
The city received $21,115.82 in investment income for September 2009.
SALES TAX/TRANSIENT RENTAL INCOME
The city received $409,860.53 in sales tax and $62,393.64 in transient rental income in September
2009.
QUARTERLY REPORT
Joseph K.Gavinski,City Manager,reported that the third quarter financial report has been posted
on the website.
The regular meeting was recessed at 8:45 p.m.and the Council met in an executive session with
the City Attorney to discuss litigation.The executive session was adjourned at 9:25pjxi.-and the
regular meeting was reconvened.The regular meeting_was_adjourn('
ATTEST Ronald C.Covey<dVlaycf^'
Ronald R.Cone,Finance Director
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