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2002 10 08^J u 5900 MOSES LAKE CITY COUNCIL October 8,2002 Council Present:Lee Blackwell, Larry Tracy, Brent Reese,Chris Blessing,Steve Shinn,Ron Covey,and Richard Pearce MINUTES:Mr.Blessing moved that the minutes of the September 24 meeting be approved as submitted,seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved, seconded by Mr.Pearce,and passed unanimously. Vouchers audited and certified by the Finance Directoras 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 City Council. Claims:The vouchers included on the below listas modified by the Council and noted upon said list for the Council meeting of October 10,2002 for the funds listed below are approved in the amount of $669,252.80. GENERAL FUND $87,368.95 STREET 40,701.49 STREET REPAIR/RECON 1,750.00 EQUIPMENT LEASES 2,229.52 PARK &REC IMPROVEMENT 418.26 WATER/SEWER 11,438.53 W/S CONSTRUCTION 351,969.27 WATER/SEWER LEASES 1,022.63 SANITATION FUND 101,018.71 AIRPORT 389.52 AMBULANCE SERVICE FUND 1,355.50 AMBULANCE DEBT SERVICE 614.25 UNEMPL COMP INS 375.00 SELF INSURANCE 5,180.50 CENTRAL SERVICES 7,666.30 EQUIPMENT RENTAL 36,436.12 BUILDING MAINTENANCE 19,318.25 TOTAL $669,252.80 Prepaid Claims:Prepaid claims approved bythe City Manager according tothe processestablished by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the CityCouncilhas been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $978.68 for all funds. GENERAL FUND STREET WATER/SEWER $144.71 W/S CONSTRUCTION 14.03 EQUIPMENT RENTAL 50.70 TOTAL 754.60 14.64 $978.68 Prepaid Claims:Prepaid claims approved by the City Manageraccordingto the processestablishedbyMosesLakeMunicipalCode3.42.030 and the internal control policy approved by the City Council has been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $78,300.00 for all funds. GENERAL FUND $12,000.00 PARK &REC IMPROVEMENT 66,200.00 W/S CONSTRUCTION TOTAL 100.00 $78,300.00 Claim Checks:Checks 16227 through 16426 issued on September 24, 2002 through October 2, 2002 were approved for payment at the Council meeting held on October 2,2002 in the total amount of $1,458,945.45. Payroll:The payroll issued on September 27, 2002 having been approvedpursuanttothe rule oftheCityCouncilsetforthinMosesLakeMunicipalCode3.42.040,was paid by checks 28382 Payroll:The payroll issued on September 30,2002 having been approved pursuant tothe rule of the City Council set forth in Moses Lake Municipal Code 3.42.040, Kthrough28560 in the total amount of $61,794.02. through 28575 in the total amount of $2,790.60. PROCLAMATIONS The proclamation declaring October 2002 as Crime Prevention Month was read in its entirety. The proclamation declaring October 20 - 27,2002 as Lions Week in Moses Lake was read in its entirety. EMPLOYEE PRESENTATIONS -None CONSENT AGENDA was paid by checks 28561 Airport Management Agreement:An amendment to the Airport Management Agreement betweenthe cityandthe Moses Lake Advisory Commission was presented. The agreement updatesthelegaldescriptionandprovidesforacontinuingrelationshipbetweenthecityandCommission. //£? /OOb Lease was presented Department Building. Agreement -Department of Ecology:A lease agreement with the Department ofEcology //3 O esented.The lease is for the installation of an air monitoring system on top of the Police Resolution -Accept Donation -Moses Lake Wal-Mart Foundation:Aresolution was presented /O/(? which accepts $300 from the Moses Lake Wal-Mart Foundation.The funds are to be usedtowards the Parks and Recreation Special Olympics Program. Resolution -Accept Donation -Wal-Mart:A resolution was presented which accepts 12 portable radios from Wal-Mart.The radios are worth $226 and will be used by the Police Department Tactical Response Team. )Oc/(? 5901 CITY COUNCIL MINUTES October 8,2002 /nt/fo Resolution -Accept Donation -Romaneski:A resolution was presentedwhich accepts$300 from 'Ron Romaneski. The funds will be used bythe Police Department to purchaseequipment for the Tactical Response Team. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Tracy, and passed unanimously. CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS //SA REQUEST TO USE CITY PROPERTY -MOSES LAKE BUSINESS ASSOCIATION ^ The Moses Lake Business Association requested the closure of Third Avenue from Alder Street to Beech Street on October 31 for the Downtown Trick or Treat event.Cross streets will remain open to traffic.The DowntownTrickorTreat will begin at 5 p.m. and close at 7 p.m. ActionTaken:Mr.Tracy moved that the request to close Third Avenue on October 31 from 5 p.m. to 7 p.m. be approved,seconded by Mr.Shinn, and passed unanimously. /OYh GIFT OF PROPERTY -BROSS /06 ^Dr.Bross would like to dedicate the wetlands portion ofTax #485-A to the city to be included in the3 Ponds Park.She wouldalsodedicatethe strip ofshorelinethatjoinsthe twocityparcelsoneachsideofherproperty.If the city is agreeable toacceptthe dedication,itwas requestedthatthe cityprovidethenecessarylegaldescriptionandthatasignbeerectednamingtheareathe"Helen Bross Bird Sanctuary . Nancy Thorn,representing Dr.Bross,explained where the property is located and how much of the property would be dedicated to the city. GilbertAlvarado,Community Development Director,explained that this area is partof the wetland banking project betweenthe cityandthe Department ofTransportation (DOT).Because thereare federal funds involved,the DOThas to take credit,which involves signage.The concern was that the requested sign from Dr.Bross would conflictwith the DOT signage.However,the DOT has indicatedthatthe sign would not conflictwiththeir signage requirements. The placement and size of the sign will have to be carefully considered. Action Taken:Mr.Shinn moved thatthe property be accepted with the stipulation thatthe city'sEngineeringDivisionprovideaproperlegaldescription,seconded by Mr.Pearce. Mr.Tracy wanted to know if the city can legally accept property without knowing exactly what is /*-\ being accepted.. JamesA.Whitaker,City Attorney,statedthatthe actual acceptanceofthe property would haveto be done by adoption of a resolution including the property legal description. The motion passed unanimously. jCffS*COMPREHENSIVE PLAN AMENDMENT 2002 -PUBLIC HEARINGS The Cityof Moses Lake's Comprehensive Planwas adopted on September 11,2001 inaccordance with the Growth Management Act.Updates to the Comprehensive Plan are to be considered nomorefrequentlythanonce ayearso thatthe cumulative effects ofthe various proposals canbeevaluated.The city has received the following requests to amend the Comprehensive Plan: 1.National Frozen Foods -inclusion of property in the UGA 2.Russell Fode -inclusion of property in the UGA 3.Department of Natural Resources -inclusion of property in the UGA 4.Gene Bouma Development -site specific land use re-designation and re-zone 5.Transportation Element -inclusion of Yonezawa Boulevard from Highway 17 to Road L The GrantCounty Board ofCountyCommissioners considered and approvedthe inclusion ofthe National FrozenFoods,Russell Fode,and Departmentof Natural Resources properties within thecity's UGA.The Planning Commission recommended that these properties beincluded in thecity's UGA with an Industrial Land Use designation. The Planning Commission also recommended that the Transportation Element be amended to (~\ include the extension of Yonezawa Boulevard from Highway 17 to Road L and that the Six Year •' Transportation Improvement Program also be updated. The Planning Commission recommended that the Gene Bouma request to re-designate Lots 1 - 3 andthe west halfof Lot4 from Low Density Residential to High Density Residential be denied. The Commission also recommended that Mr.Bouma's request torezone the same propertiesfrom R-1,Single Family Residential Zoning,to R-3, Multi-family Residential Zoning be denied. Action onthese requests cannotbe considered bythe Council until the October22 meetingdue to the required 60-day noticethat must be givento the Officeof Community Development. Gilbert Alvarado,Community Development Director,stated that since the Planning Commission meeting,the cityhas received some additionalcomments concerning the Gene Bouma requesttore-designateand re-zone property on Hill Street. A letterwas received from Wallace and Ethel MacMillan requesting that their property,Tax #600,lying between Division Street and the rear lot 5902 CITY COUNCIL MINUTES October 8,2002 linesoflotsalongGarden Drive,be includedinthe request for re-designationas HDR andre-zonedtoR-3.This property is alreadypartially designated as High Density Residential.Even though this requestwas notbroughttothe Planning Commission,the Council can still considerit.Lettershave also been received from residents in the neighborhood opposing the re-designation and re-zone. Mr.Blessing stated that he has had conversations with the proponents of this requested re- designation and re-zone. National Frozen Foods National Frozen Foods has requested to have 61.04 acres of propertyincluded within the Cityof ;.Moses Lake's Urban Growth Area with an Industrialland use designation.The site is located north V_y of the Wheeler Road and Road N Intersection and inthe southwest 1/4of Section 16,Township 19,Range 29,W.M. in the area commonly known as the Wheeler Corridor.The site is legallydescribee!asthe E1/2 of FU 80and NE1/4 of FU 81,Blk 41,16-19-29.The current Grant CountyComprehensivePlanlandusedesignationisUrbanIndustrial,while the Grant County Zoning District remains Rural Light Industrial.The site falls solely under the jurisdiction of Grant County andisnot regulated bythe City of Moses Lake.National Frozen Foods maywish toexpandtheirexisting food processing operationsand indoingso may require the extension of citywater and sewer services. The frozen food processing facility,which includes 60,000 square feet of processing buildings, warehouses,andshops, and 80,000squarefeetof concrete,is located onthesouth19.03acres. The remaining 42.01 acres is utilized for hay production or maintained in grass. The foodprocessingsiteiscurrentlyconnectedtowater,electricity,natural gas,andcommunication utilities, but isnot served bysanitarysewer. The site maintainsanon-sitewellwith1200 gpm capacityplus municipal water supply for fire protection services. The public hearing was opened. Gary Ash,Manager,statedthatthey would like to be included in the city's UGA.There is60 total acres, 20 of which are currently developed.The development of the remaining 40 acres would require city services,mainly sewer. Action Taken:Mr.Shinn moved that the public hearing be closed,seconded by Mr.Tracy, and passed unanimously. Russell Fode Russell Fode has requested to have 80 acres of propertyincluded within the Cityof Moses Lake's Urban Growth Area with an Industrial land use designation.The site is located north of the ,Wheeler Road and Road N Intersection and in the southwest 1/4 of Section 16,Township 19,\_J Range 29,W.M.in the area commonly known as the Wheeler Corridor.The site is legally described as FU226, Blk 41.The current Grant County Comprehensive Plan land use designation isUrban Industrial,while the Grant County Zoning District remains Agriculture.Thesite falls solely under the jurisdiction of GrantCounty and is not regulated bythe Cityof Moses Lake. Futureon- site development may require the extension of city water and sewer services. The public hearing was opened.There were no comments. Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. Department of Natural Resources The Department of Natural Resources, represented by Dick Wedin, has requested to have 20acresofpropertyincludedwithintheCityofMosesLake's Urban Growth Area with an Industriallandusedesignation.The site islocated north ofthe Wheeler Roadand Road N Intersection and in the southwest 1/4 of Section 16,Township 19,Range 29,W.M.in the area commonly known as the Wheeler Corridor.The site is legally described as the N1/2NW1/4SW1/4,16-19-29.The currentGrantCounty Comprehensive Plan landuse designationis Urban Industrial,whilethe Grant CountyZoning District remains AG. The site falls solelyunderthe jurisdiction of Grant County and is not regulated by the City of Moses Lake.DNR anticipates that future development ofthe site may require the extension of city water and sewer services. The public hearing was opened. Dick Wedin,DNR,stated that they have 20 acres they wish to have included in the city's UGA in order to facilitate future industrial development. Action Taken:Dr.Covey moved that the public hearing be closed,seconded by Mr.Shinn,and/j passed unanimously. Gene Bouma Re-Designation and Re-Zone Gene Bouma of Gene Bouma Development Inc.has requested to amend the City of Moses Lake Comprehensive Plan Land Use designation on Lots 1-3 and a portion of Lot 4, of the WesternAdditionPlatfromLowDensityResidentialtoHighDensityResidential.The proponent is alsorequestingarezoneofthefore-mentionedproperties from R-1,Single Family Zoning to R-3,Multi- Family Zoning.The site is located east of the Hill Avenue and Division Street Intersection.The site is currently vacant.Mr.Bouma has indicatedthat future development ofthe site is likely to be multi-family residential development. The site is .75 acres in size with one platted lot currently bisected by a lowand high density land use designationand bythe R-1 and R-3zoning districts.All 3.5 platted lots are currently vacant. Access to alllots is off Hill Street.Hill Street is an improved 4 lane street with curbs and sidewalk. The area is served by all city and private utilities. 5903 CITY COUNCIL MINUTES October 8,2002 Surrounding land uses include an apartment complex to the west,vacant land to the north, and single family residential development to the south and east.Other proximal uses are a mix of single, duplex, and multi family development,an athletic club, dog grooming business,and an undeveloped city park. The site is located within V2 mile between two arterial streets. PioneerWay, a principal arterial intersects with Hill Street to the east,while Division Street,a minor arterial,intersects with Hill Street approximately 300'to the west.Hill Street is a designated urban collector. The public hearing was opened. Gerry McFaul,940Garden Drive,statedthathe has lived in the area for 11 yearsandisopposed /*-s to the re-zone.He wants to have the area surrounding the existing R-1 stay as R-1. He was '' concerned that re-zoning these lots to R-3 would encourage the encroachment of the R-3 furtherintothisexistingsinglefamilyresidentialneighborhood.He was concerned thatanR-3Zoneand multi-family development windecrease the value of the single family residences.Ifthe proposed 19 low income apartments are constructed,he was also concerned about increased traffic and crime in the area. He mentioned that about 12 letters in opposition were sent to the city.Thereisalready390vacantacresinthecitythatarealreadyzonedR-3,Multi-family Residential.He didnotfeelthatsimplybecausethepropertyhasnotsoldasR-1 is not a reason to re-zone it to R-3. Heis opposed to the re-designation andthe re-zone. Celia Guzman,1007 Garden,stated that she has lived inthe area for 17 years and is opposed tothere-zone and re-designation.She was concerned about the possibility ofadecrease in property values,increased traffic, and a rising crime rate if the re-zone is allowed. Georganna Ragsdale,930Garden Drive,statedthatshe has lived in the area for 25yearsandis opposed to the re-zone.She was concerned about increased traffic and crime andthe possibledevaluationof her property.She felt that there is sufficient R-3 property inthe citywithout re- zoning more land to R-3. Don Korando,913 Garden,was concerned about the traffic becausethe street is on a hill. He wasalsoconcernedthatiftheproposedapartmentcomplexisdeveloped,Garden Drive would become a thoroughfare between Ninth and Hill. Chuck Davis,904S.Garden,adjacentto Ninth Street,statedthathewasopposedtothe re-zone.He pointed out that Ninth Street cannot be extended throughto Pioneerso the traffic would beusingGardenDrive.Re-zoning property in thisareato R-3will drastically increasethe traffic.He wouldliketo see the area remain R-1 and is opposed to the re-zone. LeeTrask,4070 Dunn Street,owner of Lot 11 and V2 of lot 12 since 1974,objected to the re-zone. Gene Bouma,proponent and developer ofthe project,from Bellingham,statedthathe primarilydevelops tax credit low-income and moderate income housing throughout Washington.He mentionedthathehasdeveloped projects inmany cities.The financing for this project comes fromtheDepartmentofAgriculturethroughacompetitiveprocess.He pointed out that a portion ofthe site is already zoned R-3 and that the topography ofthe area creates a natural transition from theR-1 tothe R-3. The areahas been onthe market for over 10 years without any interestas singlefamilydevelopmentasnooneseemstowanttobuildasinglefamilyresidenceadjacenttothe existingapartments. The proposeddevelopment will be surrounded by a fence andthere will be an on-site manager.This is a tax-credit project and residents have to have a certain minimumincomeaswellas a maximumincome.For these type of projects the rentsaverage$400to $500a month. This is a million dollar project and will increase the value of the neighborhood.TheDepartmentofAgriculturerequirestheseprojectstomaintainreservesfortheup-keep of the project.Hementionedthatthereareothersites in Moses Lakebutthe program has acaponhowmuchmoneycanbespent.Because of that restriction,the cost of land isa real issue.This property is about $75,000 and all other localities suggested have been twicethat amount.HepointedoutthattheComprehensivePlanaddressesthe issueof re-zoning property for affordable housing.The Comprehensive Plan states thatthe citywants affordable housing.He felt thatthis would be a good project for Moses Lake and would meet the goals of the Comprehensive Plan. Larry Peterson,1009 Laguna,ownerofthe property,stated that in 1994 a re-zone was requestedforthisproperty.It was denied bythe Planning commission because there was no specific projectproposedandtheneighborsobjected.Now Mr.Bouma is interested in the property and has aspecificproject.One oftheconcerns ofthePlanning Commission was that they felt theentire area should be considered and not just this one small piece. The owners of the remaining vacantpropertyhave since requested that their property be re-zoned to R-3 mainly because of thetopography.He pointed out that from the back of the lots on Garden Drive the land slopes drastically to Division Street. Becauseofthe request for additional property tobe re-zonedto R-3, he requested that the issue be sent back to the Planning Commission for consideration.He felt that the proposal meets the goals of the Comprehensive Plan. Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. Transportation Element Ken Buley,represented by Phil Bloom of Columbia Northwest Engineering,hasrequestedthattheTransportationElementoftheComprehensivePlanbeamendedtoincludetheproposedextension of Yonezawa Boulevard from Highway 17 to Road L.The street plan indicates a 5 lane street section consisting of4 travel landsand 1centerleftturn lanewithnoonstreet parking.Last Marchthedeveloperrequestedthecityapprovethedesignandalsosponsortheapplicationto the WSDOT for SR-17 access inorder to reduce the access cost.Historically the site has been usedforagriculturalpurposesbutitisdesignatedascommercialwithintheComprehensivePlanand zoned C-2,General Commercial. D r> 5904 CITY COUNCIL MINUTES October 8,2002 The public hearing was opened.There were no comments. Action Taken:Mr.Blessing moved that the publichearing be closed,seconded by Mr.Shinn,and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 2002 BUDGET -1st READING An ordinance was presented which amends the 2002 budget. r .Joseph K.Gavinski,City Manager,pointed out the funds being added to the Capital Fund 308 and K-J Park and Recreation Improvement Fund 314 couldbe placedin another location ifdesired bythe Council. There was some discussion and it was felt that the $399,700 placed in the Park and Recreation Improvement Fund 314 should be placed inthe Capital Fund 308.It was pointed out that the funds should first be placed in Fund 314 and anotheramendment be adopted to move itfrom 314 to 308. This will maintain a papertrail on these funds. The ordinance amending the 2002 budget for the City of Moses Lake,Washington,was read by title only. Action Taken:Mr.Shinn moved that the first reading of the ordinance be adopted and that staff be directed to draft an anotheramendmentto transferfunds from Fund 314to Fund 308,seconded by Mr.Blessing,and passed unanimously. RESOLUTION -ABANDON EASEMENT -RUSSELL MAJOR PLAT A resolution was presentedwhich provides for the abandonment of an easement on Lots1and2 of the Russell Major Plat. James A.Whitaker,City Attorney,stated that the PUD has sent a letter indicating that there are underground services inthis easement and that the PUD easement is reflected under a separate Auditor's File Number.He recommended that the resolution be amended to indicate the city's action is not affecting the PUD's easement. GilbertAlvarado,Community Development Director,stated that a boundary line adjustment will be made and a new easement obtained.The existing PUD service is insufficient in this area and the PUD has other means to service the area. (;BobRussell,Russell Major Plat,statedthatthe Lake Bowl has been serviced from the rear ofthev_y building bythe PUD since 1954through thiseasement. Newservicewas installed lastyearand this old service will be abandoned. The resolution authorizing abandonment of an easement was read by title only. Action Taken:Mr.Pearce moved that the resolution be amended to include "provided any other easements are not affected by this action,and the resolution be adopted,seconded by Mr.Reese, and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION SEVENTH DAY ADVENTIST CHURCH -APPEAL OF HEARING EXAMINER DECISION The Seventh Day AdventistChurch requestedavariance from the front yard setback requirements of the zoning code in order to construct a 6'high fence on their property located on Valley Road. The Hearing Examiner approved the 6'high fence applicable to the day caresite butdeniedthe request for a 6'high fence along the remainder ofthe property fronting Valley Road as it was not properly before the Hearing Examiner. Hugh Thomas, representingthe Seventh DayAdventistChurch,stated thatonthe planssubmitted tothe citytherewasthe indication ofa fence along Valley Roadtosecurethe day care.Atnotime were they informed by the city staffthat a 6'high fence could not be constructed the full length ofthepropertyalongValleyRoad. When the fence construction began,the city notified them that they did not have a fence permit.The fence poles have been installed along ValleyRoad about 20'from the road.Hestated thatthey went beforethe Hearing Examiner to obtain a variance forija6'high fence.The Hearing Examiner agreed that a 6'high fence was needed for the day care^-^for securitypurposes and because the state will notissue a license without a 6'high fence. The request is to continue the 6'high fence approximately 20'back from Valley Road the full length of the property. Gilbert Alvarado,CommunityDevelopmentDirector,statedthatthe Hearing Examiner grantedtherequestfora6'high fence 20'back from Valley Road from thewest property line tothe church's driveway.The request to continue the 6'high fence along Valley Road for the remainder of the property was denied bythe Hearing Examiner because itwas nota part ofthe original application.He pointed out that the site plan review for this project was for the building and a fence permit isnotgenerallyappliedforatthattime. There was some discussion by the Council and it was pointed out that the Council can only consider whatwas determined bythe Hearing Examiner.Sincethe requestto extend the fence tothe east ofthe driveway was not properly beforethe Hearing Examiner,the Council cannotrule on the request for a variance to install that fence. /o/o /D/3 /OS A 5905 CITY COUNCIL MINUTES October 8,2002 Mr.Thomas indicated that the request submitted by him to the Hearing Examiner included the entire length of the property along Valley Road. David Olson,School Board Chairman for Seventh Day AdventistSchool,statedthathe represented the school before the Hearing Examiner because Mr.Thomas was out oftown at the time of the hearing.During the hearing more emphasis was placed on the day care area and,while extending the fence to the east ofthe driveway was included in the written request,there was very limiteddiscussion atthe hearing.He statedthatthe reason for the expanded fence request isto provide safety for all the children at the school. Mr.Blessing pointed out that the problem is not the 6' high fence,it is the location of the fence. The zoningcode does not allow a 6'high fence within the 25'front yard setback. The church is s~\asking forthe 6'high fence to be only 20'from the front property line.^• Joseph K.Gavinski,City Manager,pointed outthatthe application did notspecifythatthe requestwasfora 6'high fence around the entire perimeter of the property and suggested that it be remanded back to the Hearing Examiner. Mr.Olson pointed out that the reason for the variance is because the fence is within the 25'front yard set back.He wanted to know if a variance would be needed if the fence were to be con structed 251v4'from Valley Road. Mr.Alvarado stated that a fence more than 25'from the front property line would be outright permitted. Action Taken:Mr.Tracy moved that the request fora 6'high fence east of the driveway and within the 25'front yard setback be remanded back to the Hearing Examiner unless the proponent decides to place the fence behind the required front yard setback,seconded by Mr.Blessing,and passed unanimously. /OlsO WOODARD AUTOREPAIR- REQUEST FOR DIRECTION John Woodard,1832 W. Broadway, applied fora buildingpermit to add on to an existing building for an auto repair business.An auto repair business requires that floor surfaces shall be of non- combustible,non-absorbent materials and floors shall drain to an approved oil separator or trap discharging to sewers according to the plumbing code. Mr.Woodard requested a variance to the requirement to install an approved oil separator.Thevarianceisrequestedforthefollowingreasons: hewas informed bythe citythatsincethe originalbuildingis not equipped with a drain or separator unit the new addition would not require aseparatorunit;and nodrain was designed into the new building asall fluids are captured with wide mouth pans and the anti-freeze is recycled,the waste oil is burned,and solvents are filtered in •-nhouse.Using these methods for thepast 14 years the business has always had a clean bill of •]health.Installing the drain would add $5,000 tothecostofthe addition and there would still beno drain in the originalbuilding. He felt that his current practice is a better solution to the problem of waste than an oil separator. James A. Whitaker, CityAttorney, stated that Mr.Woodard has an existing non-conforming usewhichdoes nothavea drain as required bycode for new buildings.Direction is requested from Council onwhetherornotthe cityshouldestablisha policy to require an existing non-conforming use which constructs any additionto installan interceptor.Chapter 16.70 dealing with interceptors was established to prevent pollution of the publicly owned treatment works. At this time Mr. Woodard's processdoes notcontribute anything to the pollution ofthe treatmentworksso Chapter 16.70 does not require that an interceptor be installed. Joseph K.Gavinski, City Manager, pointed out that a problem could arise if the business is soldandthenewownerdoesnotcomplywithproperdisposalproceduresforbusinesseswithouttheinterceptor.The citycan require that an interceptor be installed ifitis discovered that the new owner is not complying with proper procedures. There was some discussion by the Council. Action Taken:Mr.Blessing moved that existing non-conforming uses whichconstruct additions will not be requiredto installdrains or separator units providedalternative practices are used which mitigate the effects of potential contaminants,seconded by Mr.Pearce, and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS •i|5£REFERENDUM 51 AND INITIATIVE 790 Mr.Shinn stated that two resolutions have been distributed regarding Referendum 51 and Initiative 790. Referendum 51 concerns an increaseintransportation fees andtaxes. He pointed outthatthe gastaxhasnotbeen increased for 9 yearsandroads arebeginning to deteriorate.Also,ifthewideningofHighway17istotakeplace,the state will need additional funds.He recommended that the Council pass the resolution supporting Referendum 51. Mr.Shinn mentioned that Initiative 790 which concerns the pension fund for police officers and fire fighters could cost the city$131,000next yearalone ifit should pass. The initiative would also create a governing board dominatedbythe beneficiaries ofthe pension fund,police officersand fire fighters,whoarenot professional money managers.He recommendedthatthe Council pass the resolution opposing Initiative 790. There was some discussion bythe Council and itwas the consensus to consider these resolutions at the next meeting. n o w o &o<? /os<f» -r/L 5906 CITY COUNCIL MINUTES October 8,2002 KOREAN VISITATION Mr.Blackweil reported that 11 people from South Korea will be in Moses Lake next week and a luncheon has been set up for Wednesday,October 16 at Cades.All Council men are invited to attend.The delegation from South Korea are looking at economic issues but would also liketo sign a friendship agreement with the city which could lead to another Sister City. CITY MANAGER REPORTS AND COMMENTS ANNEXATION REFORM LEGISLATION Joseph K.Gavinski,City Manager,stated that the coalition from AWC continues to meet and formulate the policy statements and legislation to address the annexation issue with regard to city boundary re-affirmations,annexation of uninhabited lands,and a general annexation authority. Legislation will be submitted soon. CIVIC CENTER PARK -RESTROOMS Joseph K.Gavinski,City Manager,statedthatthecostfor construction ofrestrooms at Civic Center Park is approximately $90,000. INITIATIVE 790 Joseph K.Gavinski,City Manager,supplied the Council with information on Initiative 790,which concerns the LEOFF 2 pension system,received from AWC along with Five Reasons Taxpayers Should Vote No on I-790.He pointed outthat an increase in pay for LEOFF 2 members would also increase the amount the city contributes to the plan. INVESTMENT REPORT /0O3 The investment report shows the city received $28,226.92 in income for September 2002. SALES TAX/TRANSIENT RENTAL INCOME _- Joseph K.Gavinski,City Manager,reported thatthe city received $289,590.78 in sales taxand $38,o14.02 in transient rental income in September 2002. AUDIT Joseph K.Gavinski,City Manager,stated that the Office ofthe State Auditor has sent a letter to the cities and counties reporting under category 1 BARS requirements. BONDS Joseph K.Gavinski, City Manager,presented a report showing the issuance,disposition, and returned funds to the city for the $3,435,000 2002 General Obligation bond. PUBLIC EMPLOYMENT RELATIONS COMMISSION -NOTICE Joseph K.Gavinski,City Manager, stated that during the time the city was preparing for the ambulance service,the city had to establish salary ranges and other personnel matters ina hurry.The union took exception and filed an unfair labor practice.Even thoughthe issues have eitherbeenresolvedorcertifiedforinterestarbitration,the union proceeded with the unfair laborpractice. The Public Employment Relations Commission found that the city committed an unfair labor practice and required that a notice to that effect be read into the minutes and posted. Mr.Gavinski read the Notice and stated that it has been posted as required. BUDGET Joseph K.Gavinski, CityManager,stated that the preliminary budget will be distributed on Friday. The Council scheduled a study session on Tuesday,October 22 at 6 p.m. The regular meeting was recessed at 9:45 p.m. and the Council met in an executive session to discuss personnel matters.The executive session was adjourned at 10:15 p.m. and the regular meeting was reconvened.The regular meeting was adjourned at 10:15 p.m. ATTEST:Mayor Finance Director MOO /OY3 BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF AMENDMENTS TO THE COMPREHENSIVE PLAN FINDINGS OF FACT,CONCLUSIONS,AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A publichearingwas held upon propernotice before the Commission on September 12,2002 to consider amendments to the Comprehensive Plan. *1.2 Proponent:The following proponents have requested amendments to the Comprehensive K^J Plan: A. National Frozen Foods - inclusion of property in the UGA B.Russell Fode - inclusion of property in the UGA C. Departmentof Natural Resources -inclusion of property inthe UGA D.Gene Bouma Development - site specific land use re-designation and re-zone E. City of Moses Lake - Transportation Element - inclusion of Yonezawa Boulevard from Highway 17 to Road L 1.3 Purpose.The proponents have requested amendments to the Comprehensive Plan to facilitate development. 1.4 Evidence.The Commission considered the following materials in reaching its decision. A.The proposed amendments to the Comprehensive Plan. B.Comments from the public. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidence presented to them,the Planning Commission madethe following findings of fact: National Frozen Foods.Russell Fode.and Department of Natural Resources -include property in UGA: 2.1 Existing uses are predominantly industrial in character. 2.2 The areas are located near a corridor for the transportation of goods,which include a highway,arterial street and railway. 2.3 The existing or planned public facilities are adequate to support industrial uses. 2.4 The area is located outside an existing or planned residential neighborhood. 2.5.The area is separated by topography,buffers or another appropriate boundary from incompatible uses. 2.6 The area is developed for manufacturing uses and has large undeveloped parcels suitable for manufacturing uses. Gene Bouma Development.Inc.-re-designation and re-zone: 2.7 There was considerable public testimony against the land use re-designation/re-zone. 2.8 The proposed re-designation is too small. 2.9 The proposed re-designation does not address the needs of the entire platted area in the vicinity of the property. 2.10 The city has adequate existing high density residential designated property. 2.11 The proponent is the purchaser of property legally described above. 2.12 The property is platted. Transportation Element 2.13 The extension of Yonezawa Boulevard will provide for future transportation needs in this area. 2.14 The extension of Yonezawa Boulevard is consistent with the Comprehensive Plan's intent relative to development. ^j ^j 2.15 The extension of Yonezawa Boulevard satisfies the goals of the Transportation Element. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission made the following conclusions: 3.1 The Planning Commission of the City of Moses Lake is vested with the authority to recom mend to the City Council the advisability of an amendment to the Comprehensive Plan. 3.2 The Comprehensive Plan amendment is properly before the Commission for its recommen dation. 3.3 It is proper at this time for the Planning Commission to make a recommendation on this Comprehensive Plan amendment. 4.RECOMMENDATION OF THE PLANNING COMMISSION. On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that the request to amend the Comprehensive Plan by including additional property in the UGA be approved, the request to amend the Transportation element be approved,and the request to re-designate and re-zone property be denied. 5.FURTHER HEARING BEFORE THE CITY COUNCIL 5.1 Date.A public hearing was held upon proper notice before the City Council on October 8, 2002. 5.2 Proponent.The following proponents have requested amendments to the Comprehensive Plan: A.National Frozen Foods -inclusion of property in the UGA B.Russell Fode -inclusion of property in the UGA C.Department of Natural Resources -inclusion of property in the UGA D.Gene Bouma Development -site specific land use re-designation and re-zone E. City of Moses Lake -Transportation Element - inclusion of Yonezawa Boulevard from Highway 17 to Road L 5.3 Purpose.The proponents have requested amendments to the Comprehensive Plan to facilitate development. 5.4 Evidence.The City Council considered the following materials in reaching its decision: A.The application of the proponents for amendments to the Comprehensive Plan. B.Written comments from the public. C.Comments from the public. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. Nofurtherevidence was presented tothe City Council.The City Counciladopts those findings offact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS OF THE CITY COUNCIL From the foregoing findingsoffact the City Councilmakes the following conclusions: 7.1 The CityCouncilofthe Cityof Moses Lake is vested withthe authorityto make amendments to the Comprehensive Plan. 7.2 The amendments to the Comprehensive Plan are properly before the Council for its decision. 7.3 It is proper at this time for the City Council to make a decision on the amendments to the Comprehensive Plan. 8.DECISION OF THE CITY COUNCIL. The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission and grants the request to amend the Comprehensive Plan by including additional property in the UGA be,grants the request to amend the Transportation element,and denies the request to re-designate and re-zone property. Dated:October 8,2002 >e Blackwell,Mayor ~