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2003 10 286030 MOSES LAKE CITY COUNCIL October 28,2003 Council Present:Lee Blackwell,Larry Tracy,Brent Reese,Steve Shinn,Richard Pearce,Ron Covey,and Chris Blessing APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Dr.Covey moved that the bills,checks,and prepaid claims issued be approved, seconded by Mr.Reese,and passed unanimously. /—Vouchers audited and certified by the Finance Director as required by RCW42.24.080,and those M expense reimbursement claims certified as required by RCW 42.24.090,have been recorded on ^^a listing which hasbeen made available tothe City Council. Claims:The vouchers included on the below list as modified by the Council and noted upon said N list for the Council meeting of October 28,2003 for the funds listed below are approved in the amount of $208,382.85. GENERAL FUND $42,673.85 SANITATION FUND 7,552.88 TOURISM ACTIVITIES 2,929.17 AIRPORT 3,444.05 PATHS &TRAILS 312,39 AMBULANCE SERVICE FUND 14,008.39 STREET 6,958.83 AMBULANCE DEBT SERVICE 309.86 STREET REPAIR/RECON 2,231.46 CENTRAL SERVICES 8,088.39 EQUIPMENT LEASES 4,349.43 EQUIPMENT RENTAL 19,681.95 P & R IMPROVEMENT 4,851.00 BUILD MAINTENANCE 4,127.38 WATER/SEWER 84,600.34 FIREMANS PENSION 90.00 W/S LEASES 2,173.48 TOTAL $208,382.85 Prepaid Claims:Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 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 $4,428.08 for all funds. GENERAL FUND AMBULANCE SERVICE Prepaid Claims:Prepaid claims approved bythe City Manager according to the processestablished l \by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City \~J Council has been recorded ona listing which hasbeen made available tothe City Council.The claims listed below are approved in the amount of $4,428.08 for all funds. GENERAL FUND $393.98 Prepaid Claims: Prepaidclaims approved by the CityManager according to the process established by Moses Lake Municipal Code 3.42.030 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 $4,428.08 for all funds. GENERAL FUND $924.88 EQUIPMENT RENTAL 46.00 WATER/SEWER 153.34 TOTAL $1,124.22 Claim Checks:Checks 21030 through 21269 issued October 14,2003 through October 24,2003 were approved for payment at the Council meeting held on October 28,2003 inthe total amount of $859,112.71. Payroll:The payroll issued on October 24, 2003 having been approved pursuant to the ruleof the CityCouncil set forth inMoses Lake Municipal Code 3.42.040, was paid by checks 32932 through 32987 in the total amount of $48,151.94. EMPLOYEE PRESENTATIONS/AWARDS Municipal Services Department:Michelle Shields,Municipal Services Clerk,was presented to the Council. CONSENT AGENDA ^-^Resolution -Accept Donation -Powerhouse Car Audio:Aresolution was presented which accepts /07^> the donation of a Sony CD Player and accessories,including installation,from Powerhouse Car Audio &Accessories for the Moses Lake Police Department. Resolution -Accept Donation -Wal-Mart:A resolution was presented which accepts $500 from /drfa the Moses Lake Wal-Mart.The funds are to be used for fire equipment and fire prevention and education supplies. Resolution -Vacate Laguna Drive:A resolution was presented which sets the public hearing date /Of17 for the vacation of a portion of Laguna Drive. Resolution -Vacate Lakeshore Drive:A resolution was presented which sets the public hearing /Of/> date for the vacation of a portion of Lakeshore Drive. -22.40 CENTRAL SERVICES 133.85 3,853.54 EQUIPMENT RENTAL 28.85 411.84 TOTAL $4,428.08 6031 CITY COUNCIL MINUTES October 28,2003 Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Tracy, and passed unanimously. COMMISSION APPOINTMENTS 0%PLANNING COMMISSION Tor Hartmann was appointed to the Planning Commission. CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS ORDINANCES -TAXES -1st READING/PUBLIC HEARING n /0/0'6 Ordinances were presented which fixthe estimated amount to be received from propertytaxes and sets the tax levy rate. A public hearing was scheduled to consider the revenue sources for the city's 2004 current expense budgetand thebudget for increased oradditional property tax revenue. The publichearing is also forthe purpose of receiving input on the amount of propertytax the city will receive and also the levy rate. The public hearing was opened.There were no comments. ActionTaken:Mr.Blessing moved that the publichearing be closed,seconded by Mr.Reese,and passed unanimously. The ordinance fixing the estimated amount to be received formunicipal purposes from taxations on assessed valuations on propertywithin the Cityof Moses Lake,Washington for 2003 was read by title only. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. The ordinance fixing the estimated amount to be received for municipal purposes from taxations on assessed valuations on property within the City of Moses Lake,Washington for 2003 was read by title only. Action Taken:Mr.Blessing moved that the first reading of the ordinance be adopted,seconded r"N by Mr.Reese,and passed unanimously.'' /0£*/ORDINANCE -ADULT ENTERTAINMENT -SINGLE READING/CONT PUBLIC HEARING An ordinance was presented which regulates cabarets and adult entertainment. James A.Whitaker,City Attorney,stated that the city has used the"Bellevue"ordinance as a base for the city's ordinance since the "Bellevue"ordinance has been upheld twice by the appellate courts.The ordinance regulates topless dancing and meets the appellate court's decisions on notice and licensing issues.He explained that additional changes will be made at a later date after current court cases are decided.He pointed outthat city staffhas considered the following studies on the secondary effects and impacts of adult entertainment businesses:Phoenix,Arizona - Relation of Criminal Activity and Adult Business (1979);Tucson,Arizona -Adult Entertainment Study (1990);Garden Grove,California -Relationship Between Crime and Adult Business Operations (1991); Indianapolis, Indiana -Adult Entertainment Business Analysis (1984);Saint Paul,Minnesota -Adult Entertainment 1998 Supplementto Zoning (1988);Amarillo,Texas -Report on Zoning and other Methods of Regulating Adult Entertainment (1977);Austin,Texas -Report on Adult Oriented Business (1986);Houston,Texas -Report of Committee on the Proposed Regulation of Sexually Oriented Businesses (1983);Bellevue,Washington - Land Use Study (1988);Des Moines,Washington -Land Use Study (1984). The ordinance adopting Chapter 18.73 of the Moses Lake Municipal Code entitled "Cabarets and Adult Entertainment"was read by title only. The public hearing was opened. Kimberly Drake,P. O.Box 2028,stated that the ordinance as presented is a good ordinance.She submitted a proclamation from the White House declaring October 26 through November 1,2003 () as "Protection From Pornography Week,2003",along with a letter signed by 86 persons.She recommended the following changes -that retail use be regulated since it creates adverse secondary effects in a community;that ifan establishment serves liquorthat nude dancing not be allowed;require fingerprints of the dancers;increase the licensing fees;increase the distance between the entertainers and the patrons to 10';and increase the distance to 750'from certain uses.She submitted the following: a letter from Paul Johnson,Manager at ZLB Plasma Services in Spokane,outlining the problems they have had with an adjacent adult video store;a letter from Terri O'Brien-Bosch concerning the effects that a pornography addiction had on her family;and a letter from Alex Texmo,owner of Ms. Kitty's, an adult book store,who had less problems when limiting the hours her store was open.She also cited some statistics related to criminal activity associated with adult entertainment uses and adult book stores. u u 6032 CITY COUNCIL MINUTES October 28,2003 Aaron Hull,4380 Dunn Street,stated that he was concerned that children are exposed to the litter that is a secondary effect of these businesses.He recommended that the purpose section of the ordinance also address the secondary effects of adult entertainment businesses.He pointed out that there is a warning label on cigarettes as to their harmful effects and suggested that such a notice also be required to be posted on the front door of adult entertainment establishments. Len Wilson, 2070 Elgin Road,wanted to know if the city could prohibit these type of businesses and felt that it should be prohibited. Mr.Whitaker stated that the city cannot prohibitthese businesses but they can be regulated. Keith Easterly,813 E.Lark,was opposed to adultentertainment and feltthatthe cityshould rewrite the ordinance to make it so restrictive as to discourage adult entertainment businesses and also create another ordinance that would prohibit adult entertainment businesses. Doug Sherman, 714 Catalpa,was opposed to adultentertainment uses and suggested that adult retail uses be regulated. Cliff Alexander,1319 W.Ivy,was opposed to adult entertainment uses. GaryAsh,410 Crestview,stated that adult entertainment uses are a blight on a communityand would like to see the Council prohibit them in the city. Michael Harris,P.O.Box 324,stated that he was opposed to adult entertainment uses and recommended that the citytake the strongest action possible to keep them out of the city. ActionTaken:Mr.Tracy moved thatthe public hearingbe closed,seconded by Mr.Blessing, and passed unanimously. Mr.Tracy wanted to know ifadult retail use could be regulated under this ordinance. Joseph K.Gavinski,City Manager,stated that staff has looked at adult retail establishments but the citydoes nothave enough information on record to incorporate itatthistime. He pointed out thatSpokane has spent agreatdealoftime,effort,andmoney developing its record onthe impact these business had before implementing the provisions on adult retail uses. Mr.Peace stated that he is opposed to adult entertainment uses but the city cannot prohibitthem. He felt that the ordinance should be adopted at this time and that staff continue to work on the \*J issueto determine ifadditional regulations could be adopted in the future. Mr.Whitaker stated that the regulations inthe proposed ordnance are ones that have already been challenged and upheld in the state courts.The changes proposed in the licensing fees are reasonable and could be changed if Council wishes. Action Taken:Mr.Tracy moved that an emergency be declared,the ordinance be adopted on a single reading, and staff be directed to continue working on additional regulations for adult entertainment uses,seconded by Mr.Pearce,and passed unanimously. ORDINANCES -DEVELOPMENT REGULATIONS -1st READING/CON'T PUBLIC HEARING Ordinances were presented which bringsthe cityintocompliance withthe Growth Management )Os y Act. GilbertAlvarado,Community Development Director,statedthat Title 19,Growth Management,was originally adopted in 1991 when the citywas notifiedthat it must comply with the Growth Manage ment Act.These were adopted as an interim ordinance until the final ordinances were adopted. When the Council re-adopts Title 19 the word "interim"should be eliminated from the titles. He pointed out that the changes requested by the Council at the study sessions have not been incorporated into the ordinances at this time.The changes will be incorporated at the time the second readings are adopted. The public hearing was opened. The ordinance amending Chapter 3.54 of the Moses Lake Municipal Code entitled "Development Review and Permit Fees"was read by title only. There were no comments. The ordinance re-adopting Title 14 of the Moses Lake Municipal Code entitled "Environmental Policy Act"was read by title only. There were no comments. The ordinance re-adopting Title 17 of the Moses Lake Municipal Code entitled "Subdivisions"was read by title only. Ron Baker stated that Western Pacific Engineering had submitted a letter requesting that the city further study the requirements of this title. 6033 CITY COUNCIL MINUTES October 28,2003 The ordinance re-adopting Title 18 of the Moses Lake Municipal Code entitled "Zoning"was read by title only. Ralph Kinciad,representing Vision 2020,stated that the Vision 2020 Group,the Chamber of Commerce,and the Leland Consulting Group have submitted letters requesting Council adopt the ordinances as recommended by the Council. The ordinance re-adopting Title 19 of the Moses Lake Municipal Code entitled "Growth Manage ment"was read by title only. There were no comments.(l ActionTaken:Mr.Pearce moved that the public hearing be continued,seconded by Dr.Covey, and passed unanimously. Mr.Alvarado stated that letters have been received from Western Pacific Engineering,Vision 2020 Committee,Jeffers,Danielson,Sonn,& Aylward,Moses Lake Business Association,Steve Crothers, Leland Consulting Group, Brian Rosborough,Chamber of Commerce,and Harry and JoAn Stern. Action Taken:Mr.Tracy moved that the firstreading of the ordinance amending Chapter 3.54 be adopted,seconded by Mr.Blessing,and passed unanimously. Action Taken:Mr.Tracy moved that the first reading of the ordinance re-adopting Title 14 be adopted,seconded by Mr.Blessing,and passed unanimously. Action Taken:Mr.Tracy moved that the first reading of the ordinance re-adopting Title 17 be adopted,seconded by Mr.Blessing,and passed unanimously. Action Taken:Mr.Tracy moved that the first reading of the ordinance re-adopting Title 18 be adopted,seconded by Mr.Blessing,and passed with Mr.Shinn opposed. Action Taken:Mr.Tracy moved that Title 19 be amended to remove the word "interim",that no further studies are necessary to determine that these are adequate regulations,and the first reading of the ordinance be adopted,seconded by Mr.Blessing,and passed unanimously. ORDINANCES AND RESOLUTIONS /Q/D ORDINANCE -AMEND 2003 BUDGET -2nd READING An ordinance was presented which amended the 2003 budget. The ordinance amending the 2003 budget for the City of Moses Lake,Washington,was read by title only. Action Taken:Mr.Pearce moved that the second reading ofthe ordinance be adopted,seconded by Dr.Covey,and passed unanimously. n \9b-A //2u> RESOLUTION -EKA CHEMICALS -BUILD ON UNPLATTED PROPERTY A resolution was presented which would allow Eka Chemicals to expand its facilities at 2701 Road N NE,Tax #5000,by enlarging the existing paper chemicals plant building, enlarging the existing boiler room,and constructing a small lean to.The property is located in the Heavy Industrial Zone. Lind Bingham,Manager, Eka Chemicals,stated that city regulations require that land be platted priorto the issuance of a building permit and they are requesting that they not have to plattheir property forthis minor development.He pointed out that they own 110 acres but only 10 acres is developed at this time.The existing facilities have been in existence since 1990. The resolution allowing Eka Chemicals to build on unplatted property was read by title only. Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Shinn,and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS LARSON PLAYFIELD MAJOR FINAL PLAT The City of Moses Lake has submitted a finaltwo lot major plat.The area is zoned C-2,General Commercial,and R-2,Single Family and Two Family Residential.This is the former Desert Lakes Golf Range Major Plat and Planned Commercial Development.The planned unit development process was utilized by former owners in order to facilitate limited commercial type activities within the property zoned R-2.The ordinance establishing the underlying Desert Lakes Planned Commercial Development has been repealed.The replat is prompted by the City's purchase of a major portion ofthe former Desert Lakes Batting Cages and Golf Driving Range property.Mitch Molitor has retained ownership of the R.V.Park and additional property for purposes of expansion n 6034 CITY COUNCIL MINUTES October 28,2003 in the future.Mr.Molitor owns Lot 1,which is approximately 5 acres with the City retaining approximately 7 acres of the site. The Planning Commission recommended that the final platbe approved. Action Taken:Mr.Shinn moved that the Larson Playfield Major Final Plat be approved with the stipulation that the comments of the City Engineer be addressed,and the Findings of Fact be accepted,seconded by Dr.Covey,and passed unanimously. EASY HOME FURNISHINGS -SIGNS (j Easy Home Furnishings hasrequested permission to place four sandwich board signs in city right- — of-way in front of the business at 900 E.Broadway,inthe C-2 Zone, General Commercial and Business.The Planning Commission recommended that only one sign be allowed with the stipulation that the sign be removed during non-business hours. Will Christensen,Easy Home Furnishings,stated that the signs are used to advertise their products. There was some discussion by the Council. Action Taken:Dr.Covey moved that the request to use city right-of-way be granted with the stipulation that onlytwo signs are allowed,that the signs be placed inthe parking strip,and the signs be removed during non-business hours,seconded by Mr.Shinn. Mr.Tracy felt that three signs should be permitted. The motion passed with Mr.Tracy opposed. OTHER ITEMS FOR COUNCIL CONSIDERATION 2003 COMMUNITY STREET AND UTILITY STANDARDS The 2003 Community Street and Utility Standards have been completed.This is an update ofthe 1994 Community Street and Utility Standards. The changes are minorand reflectwhat is actually being done in the field. u Gary Harer,Municipal Services Director,stated that comments from the engineering firms and contracting firms have been incorporated. Mr.Shinn stated that he has had no time to review the proposed changes and would like to review the standards priorto their adoption. Mr.Harerstated that rather than do updates every five years or so,the standards will be amended every six months or so. There was some discussion by the Council. Action Taken:Mr.Reese moved that this item be tabled until the next meeting,seconded by Mr. Shinn,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS BUDGET Mr.Shinn stated that the Council needs to set study sessions to discuss the 2004 budget. Joseph K.Gavinski, City Manager,stated that the first reading of the budget ordinance is scheduled for November 11. There was some discussion by the Council. Action Taken:Dr.Covey moved thatthe public hearing and a first reading ofthe budgetordinance be set for November 11,a study session be set for November 18,and the second reading of thetjordinancebesetforNovember25,seconded by Mr.Reese,and passed unanimously. CITY MANAGER REPORTS AND COMMENTS TOURISM FUNDS Joseph K.Gavinski, City Manager,stated that the city has been approved fora $10,000 matching grant in 2004 from the Grant County Tourism Community Matching Funds Program. SNOW PLOWING ON BROADWAY Joseph K. Gavinski, City Manager,stated that the city has received a letter from the Attorney General's Office concerning snow plowing on Broadway.The letter indicates that the Department of Transportation will continue to plow Broadway but will invoice the city for the snow and ice control services provided. /O£o 1/92 /o/o /O/O //Sb 6035 CITY COUNCIL MINUTES October 28,2003 //Jf AGCCT MEETING Joseph K.Gavinski, City Manager,stated that there is an Association of Grant County Cities and Towns meeting in Moses Lake on October 30 at the Museum and Art Center at 6:30 p.m. /D?&GROWTH MANAGEMENT -RAIDS GilbertAlvarado, Community Development Director,stated that the hearing with the Grant County Commissioners on the RAIDS has been continued to November 7 and 13,2003.Decisions have been made on the following - the town of Wheeler was approved as a RAID,Parker Springs and --, Ridgeview Estates,and McConhie Shore shoreline development were approved;the McDonald Siding RAID was approved.Decisions on the Wheeler Road RAID,the Stratford Road RAID,and the RAID abutting Burnam's Auction on the south side of I-90 were postponed.He felt that the county may still ratify some RAIDs which abut the city's UGA.He stated that the city has talked to Larry Campbell concerning his property adjacent to Eka Chemical and he is willing to be removed from a RAID and included in the city's UGA.The property owned by Ron Baker is in a RAID and a developer agreement may be needed for a portion of his property he wishes to be included inthe UGA.He mentioned that he has obtained a copy of the Grant County Planning Department Rural Areas of More Intensive Development Boundary Analysis and will supply copies of that to the Council. The regular meeting was adjourned at 9:50 p.m. ATTEST:Mayor' Finance Director n ~ BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE LARSON PLAYFIELD FINAL PLAT FINDINGS OF FACT,CONCLUSIONS,AND DE CISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date.A public meeting was held upon proper notice before the Commission on October 30, 2003. 1.2 Proponent.The City of Moses Lake is the proponent of this plat. 1.3 Purpose.The proponent has submitted a plat for property which is legally described upon the plat. City staff has confirmed the property described on the plat is the property submitted for platting. 1.4 Evidence.The Commission considered the following materials in reaching its decision: A.The submitted plat. B.Testimony from the proponent. C.Written comments from various parties. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidence presented to them,the Commission makes the following findings of fact: 2.1 The proponent is one of the owners of the property. 2.2 The property is currently zoned C-2,General Commercial and Business and R-3, Multi-family Residential. 2.3.The plat willenhance community development. 2.4 The plat complies with the Comprehensive Plan. 2.5.The plat provides for orderly growth. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission makes the following conclusions: 3.1 The Planning Commission of the City of Moses Lake is vested with the authority to recommend to the City Council the advisability of approving a plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 Itis proper at this time for the Planning Commission to make a recommendation on this plat. 3.4 Itis inthe best interests and welfare of the city's citizens to plat the property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. On the basis ofthe foregoing findingsoffact and conclusions,itisthe recommendation ofthe Planning Commission of the City of Moses Lake to the City Councilof the City of Moses Lake that the plat be approved. 5.DECISION OF THE CITY COUNCIL. The City Councilofthe City of Moses Lake agrees with the recommendation ofthe PlanningCommis sion and approves the preliminary plat. Dated:October 28,2003. Lee Blackwell,Mayor