2003 11 256042
MOSES LAKE CITY COUNCIL
November 25,2003
Council Present:Larry Tracy, Brent Reese,Steve Shinn,Richard Pearce, Ron Covey, and Chris
Blessing Absent:Lee Blackwell
MINUTES:Mr.Blessing moved thatthe minutes ofthe November 11,2003 meeting be approved
as submitted,seconded by Mr.Reese and passed unanimously.
Mr.Pearce moved that the minutes of the November 18,2003 study session be approved as
submitted,seconded by Dr.Covey,and passed unanimously.
i^J APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
ActionTaken:Dr.Covey moved that the bills,checks,and prepaid claims issued be approved,
seconded by Mr.Shinn,and passed unanimously.
Vouchers audited and certified by the Finance Director as required by RCW42.24.080,and those
expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on
a listing which has been made availableto the City Council.
Claims:The vouchers included on the below listas modified by the Council and noted upon said
list forthe Council meeting of November 25, 2003 forthe funds listed below are approved inthe
amount of $232,594.99.
GENERAL FUND
PATHS AND TRAILS
STREET
STREET REPAIR/RECON
EQUIPMENT LEASES
STREET IMPROVEMENT
P & R IMPROVEMENT
WATER/SEWER
W/S CONSTRUCTION
W/S LEASES
Prepaid Claims: Prepaid claims approved by theCityManager 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 $4,767.22 for all funds.
$26,988.74 SANITATION FUND 7,061.67
1,449.38 AIRPORT 1,761.85
2,805.64 AMBULANCE SERVICE FUND 9,175.24
15,163.11 AMBULANCE DEBT SERVICE 309.85
4,349.41 UNEMPL COMP INS 1,833.45
8,695.50 CENTRAL SERVICES 6,550.36
1,241.49 EQUIPMENT RENTAL 39,529.57
55,001.93 BUILD MAINTENANCE 38,227.73
9,965.38 FIREMANS PENSION 311.20
2,173.49 TOTAL $232,594.99
u
u
GENERAL FUND $3,692.19
PATHS &TRAILS 24.18
WATER/SEWER 225.84
AMBULANCE SERVICE FUND 297.46
CENTRAL SERVICES
RENTAL EQUIPMENT
BUILD MAINTENANCE
TOTAL
418.17
58.45
50.93
$4,767.22
Prepaid Claims:Prepaid claims approved bytheCity Manager accordingto 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 $7,907.76 for all funds.
GENERAL FUND
STREET
75.51 BUILD MAINTENANCE
14.61 TOTAL
7,817.64
$7,907.76
Prepaid Claims: Prepaid claims approved by theCity 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 $754.29 for all funds.
GENERAL FUND $754.29
Claim Checks:Checks 21434 through 21588 issued November 10,2003 through November 21,
2003 were approved for payment at the Council meeting held on November 25,2003 in the total
amount of $1,413,524.81.
Payroll:The payroll issued on November 21,2003 having been approved pursuant to the rule of
the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 33051
through 33098 in the total amount of $49,032.75.
EMPLOYEE PRESENTATIONS/AWARDS -None
CONSENT AGENDA
Seal Coat Project 2003 -AcceptWork: Basin Paving has completed work for the 2003 Seal Coat
Project.The work should be accepted and the 45 day lien period entered into./0/94
Resolution -AcceptGrant:A resolution was presented which accepts a grant from theWashington //?0
Traffic Safety Commission inthe amount of $3,000 to be used to payovertimeto officers working '
during the "Drive Hammered,Get Nailed"DUI enforcement emphasis.
6043
CITY COUNCIL MINUTES November 25,2003
//JUf Food Pavilion Commercial Center Preliminary Maior PlatA/ariances:Phil Bloom,Columbia
Northwest Engineering,on behalf of Brown and Cole Stores,has submitted a one lot preliminary
major plat.The proposed 5.57 acre lot is located at 911 North Stratford Road and is the existing
Food Pavilion Grocery Store and retail center site.The site fronts on Stratford Road and currently
has two accesses.The north driveway restricts exiting trafficto right turn movements only and the
south driveway is intended to accommodate freight delivery trucks.Water,sewer and fire
suppression infrastructure serve the site.However,the current on-site development has required
that additional infrastructure must be constructed and that portions of the existing infrastructure
must be relocated.The developer has requested a variance to the requirement to install an 8'
sidewalk asthere isanalready existing 5'sidewalk and a 5'landscaping buffer strip along Stratford ^-^
Road.The Planning Commission recommended that the preliminary plat and variance be granted f )
with the stipulation that the comments from the Development Engineer be addressed.Also
attached for Council approval are the Findings of Fact.
//£(p Davisson Preliminary Maior Plat/Variances:Phil Bloom,Columbia Northwest Engineering,on
behalf of Davisson Enterprises,has submitted a one lot preliminary major plat.The proposed
17.87 acre lot is located at the northwest intersection ofWheeler Road and Road "N".The site is
zoned H-l,Heavy Industrial,and the Comprehensive Plan Land Use Designation is Industrial.The
site fronts on Wheeler Road and Road N, NE,which is a county road. No specific access points
are proposed at this time since the site is vacant.Water,sewer,gas,and telephone infrastructure
are available to serve the site and currently located in Wheeler Road right-of-way.The sanitary
sewer line is located along the south edge of Wheeler Road while all other existing infrastructure
is located along the north edge of Wheeler Road.No sewer lines are located along Road N.
Future fire hydrant stubs are located along Wheeler Road,but no fire hydrants were placed.The
applicant has requested the following variancesto the subdivisionordinance anddesign standards:
1.Variance to the requirement to extend sewer line on Road N NE.
2.Variance to the requirement to construct curb,gutter,storm drainage structures and
additional pavement width on the north side of Wheeler Road and the west side of Road
N NE at the time of platting.
3.Variance to the requirement to install street lights with the platting of the property on the
north side of Wheeler Road and the west side of Road N NE.
4.Variance to the requirements to install fire hydrants along Wheeler Road and Road N NE
adjacent to the plat.
The Planning Commission recommended that the preliminary plat and variances be granted with
the stipulation that a covenant be required forthe improvements in the future and the comments
of the Development Engineer be addressed.Also attached for Council approval are the findings /-n
of fact.''
/OSf*Willis Annexation:Albert Willis has submitted a Notice of Intention to Commence Annexation
Proceedings withregardto his propertyon Kittelson Road. The Councilshould receipt the Notice
of Intention to Commence Annexation Proceedings and refer this annexation to the Planning
Commission fora recommendation on whetherto acceptor rejectthe annexation and a recommen
dation on the zoning for the property.
ActionTaken:Mr.Blessing moved thatthe Consent Agenda be approved,seconded by Mr.Shinn,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
,|<f6|SCOUT AWARD
Mike O'Neill,District Chairman,BoyScouts of America,presented to Samuel Lutskas,Cub Pack
74, a Medal of Merit for his swift thinking and action in extinguishing a fire that would have
destroyed the home, barn, and hay stack of his uncle and aunt.
/D/O ORDINANCE -ADOPT 2004 BUDGET -2ND READING/PUBLIC HEARING
An ordinance was presented which adopts the 2004 budget.
Action Taken:Dr.Covey moved that the public hearing be opened,seconded by Mr.Reese,and fO
passed unanimously.
Action Taken:Mr.Blessing movedthatthe public hearing beclosed,seconded by Mr.Shinn,and
passed unanimously.
The ordinance adopting the budget for the City of Moses Lake,Washington for the yearof 2004
was read by title only.
ActionTaken:Mr.Pearce moved that the second reading ofthe ordinance be adopted,seconded
by Dr.Covey.
Mr.Blessing suggested thatthe unbudgeted funds in the Capital Improvement Fund be movedto
the General Fund.
6044
CITY COUNCIL MINUTES November 25,2003
Mr.Shinn had the following suggestions -that the Legal Fund be decreased by $50,000;the city
needs to add personnel to the Police Department and should increase that budget by $150,000;
no change in the Fire Department until the ambulance issue is resolved;use the 2%hotel/motel
tax monies for the fireworks and summer concert series;resolve the issue of how to pay for the
downtown paver project;need explanation of how the Ambulance Fund can break even when itis
currently at a loss;and the city is charging too much in administration costs to the Water/Sewer
fund.
There was some discussion by the Council.
M Action Taken:Dr.Covey moved that the second reading ofthe ordinance be tabled,seconded by
^•"^Mr.Blessing,and passed unanimously.
ORDINANCE -LAGUNA DRIVE VACATION -1st READING/PUBLIC HEARING jQf7
An ordinance was presented which provides for the vacation of that portion of Laguna Drive
adjacent to Lot 1,Block 1,Westlake Shores Phase 1.
The public hearing was opened.
Action Taken:Mr.Blessing moved that the public hearing be closed,seconded by Mr.Shinn,and
passed unanimously.
The ordinance vacating a portion of Laguna Drive was read by title only.
Gilbert Alvarado,Community Development Director,explained thatthe portion of Laguna Drivethat
was not used forthe improved street affectsthe building setbacks for Lot 1.He mentioned that the
issue of compensation needs to be discussed by staff as there is an existing dry well inthis area.
Gary Harer,Municipal Services Director,stated that because the city had this extra right-of-way,
the dry well was placed behind the sidewalk. With the vacation of this right-of-way,the dry well
needs to be relocated or an easement would need to be retained.
There was some discussion by the Council.
Action Taken:Mr.Blessing moved that the ordinance be amended by deleting the firstparagraph
and the first reading be adopted,seconded by Mr.Shinn,and passed unanimously.
^J ORDINANCE -VACATE LAKESHORE DRIVE -1st READING/PUBLIC HEARING /Of 7
An ordinance was presented which vacates a portion of Lakeshore Drive adjacent to Battery
Orchard Tract 132.
The ordinance vacating a portion of Lakeshore Drive was read by title only.
The public hearing was opened.
Allan Hobson, PUD,stated that the PUD is opposed to the vacation of this portion of Lakeshore
Drive unless easements are retained for access to the utilitycorridor along I-90.
Doug Howard,representing the vacation request,stated that there is sufficient access to the utility
corridor withoutthis right-of-wayandthe area isalready congestedwitheasements.He mentioned
that this lot is exposed to the traffic on I-90 and could be the catalyst for development at this
interchange.
ActionTaken:Mr.Blessing moved that the publichearing be closed,seconded by Mr.Reese,and
passed unanimously.
Action Taken:Mr.Blessing moved that the first reading of the ordinance be adopted,seconded
by Mr.Shinn, and passed unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND 13.04 - 2nd READING
M An ordinance was presented which amends Chapter 13.04,Sewer Regulations.The changes are
^"^mostly grammatical and establishes the Building Official astheresponsible person for sewer side
services on private property.
The ordinance amending Chapter 13.04 of the Moses Lake Municipal Code entitled "Sewer
Regulations"was read by title only.
Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded
by Dr.Covey,and passed unanimously.
ORDINANCE -WESTLAKE TRACTS RIGHT-OF-WAY -VACATION -SINGLE READING /Z>/7
An ordinance was presented which provides for the vacation of the remaining right-of-way in
Westlake Tracts.
JO?^
6045
CITY COUNCIL MINUTES November 25,2003
Action Taken:Dr.Covey moved that this item be removed from the table,seconded by Mr.Shinn,
and passed unanimously.
The ordinance vacating the remaining right-of-way in Westlake Tracts was read by title only.
GilbertAlvarado,Community Development Director,stated that the ordinance has been rewritten
to include easements for all the utilities in this area.The requirement for compensation has also
been removed from the ordinance.
Action Taken:Mr.Pearce moved that an emergency be declared and the ordinance be adopted ^-^
ona single reading,seconded by Mr.Blessing,and passed unanimously.f J
jfib ~d RESOLUTION -KBSN/KDRM -BUILD ON UNPLATTED PROPERTY
A resolution was presented which would allow KBSN/KDRM Radio to install new radio towers on
Marsh Island to replace those that were destroyed be vandals.
The resolution allowing KBSN/KDRM Radio to buildon unplatted property was read by title only.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Blessing,and
passed unanimously.
REQUEST TO CALL FOR BIDS
/0/7 POLICE CARS
Staff requested authorization to call for bids for four police cars.The new vehicles will not be
received or paid for until after January 1,2004.
Action Taken:Mr.Shinn moved that staffbe authorized to call for bids,seconded by Mr.Blessing,
and passed unanimously.
REFERRALS FROM COMMISSIONS
/DSf JAMES HILL AUTO CENTER -ANNEXATION
James Hill has submitted a Notice of Intention to Commence Annexation Proceedings for propertylocatedontheFrontageRoadeastofthecitylimits.The Planning Commission recommended that /^
the annexation be accepted.(
Gilbert Alvarado,Community Development Director,stated that a correct legal description for the
annexation has been received by the city and itis for Lot 3,Sparks Short Plat No. 2. He pointed
out that if the Council accepts the Notice of Intent,the Council could then consider accepting the
petition.
ActionTaken:Dr.Covey moved thatthe Notice ofIntention to Commence Annexation Proceedings
be accepted,seconded by Mr.Pearce,and passed unanimously.
Action Taken:Dr.Covey moved that the Petition for Annexation be accepted,seconded by Mr.
Shinn,and passed unanimously.
Joseph K.Gavinski,City Manager,stated that the Council does not need to take any action on the
existing indebtedness since there is none and the zoning will be adopted at a later date.He
mentioned that the next step in the process is to obtain a Sufficiency Certificate from the County
Auditor and then forward the proposed annexation to the Grant County Boundary Review Board.
II9A
OTHER ITEMS FOR COUNCIL CONSIDERATION
COMMUNITY STREET AND UTILITY STANDARDS
The update of the 1994 Community Street and Utility Standards were presented for approval.
Gary Harer,Municipal Services Director,stated that a section has been added to the Standards
which classifies the city streets as primary,secondary,collectors,and residential.A definition of
a water main and sewer main has been added.
Action Taken:Mr.Shinn moved that this item be removed from the table,seconded by Mr.
Blessing,and passed unanimously.
Action Taken:Mr.Shinn moved that the 2003 Community Street and Utility Standards Revision
6 be adopted,seconded by Mr.Blessing,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
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6046
CITY COUNCIL MINUTES November 25,2003
COUNCIL QUESTIONS AND COMMENTS
AMBULANCE SERVICE
Joseph K.Gavinski,City Manager,distributed letters between the Department of Health,Grant
County Fire District#5,and the City of Moses Lake concerning the ambulance services.He stated
that the city has submitted an appeal of the decision by the Department of Health approving Grant
County Fire District #5 as the additional ALS verified service for Grant County.The appeal is
because the basis for the licensing is different than what was called for in the RFPs,which may
•^have altered the city's application and given the reviewers something different.Subsequent to any
{^J meeting with the Department of Health,the appeal can be withdrawn if the issues are clarified.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the actions of the City Manager be confirmed in regard to
the appeal process,seconded by Dr.Covey,and passed with Mr.Shinn and Mr.Blessing opposed.
1-90 INTERCHANGE -TURN BACK AGREEMENT
Joseph K.Gavinski,City Manager,stated that when the new 1-90 interchange was constructed at
the south entrance to Moses Lake,an agreement was signed with Department of Transportation
to include those new streets into the city's system,provided they met city standards.The streets
were not constructed to city standards and they have not been accepted by the city. He stated that
the Department of Transportation has a process whereby the city will probably get the streets
anyway,but at least it will be on record that the streets were not constructed to city standards.
CITY MANAGER REPORTS AND COMMENTS
AMBULANCE REPORT
The ambulance report for October 2003 was presented.
GO BOND REFUNDING
Joseph K.Gavinski,City Manager,stated that there is a possibility of refinancing the city's one
outstanding bond, which is forthe construction of the firestation.The city could save a substantial
amount of money by shortening the term.
v-^It was the consensus ofthe Council that staff proceed with refinancing the bond.
URBAN GROWTH AREA -RAIDS
Joseph K.Gavinski, City Manager,stated that the city has objected to the county placing Rural
Areas of Intense Development (RAID)directlyadjacentto the city's UGA,especiallywhen the UGA
is the city's existing limits.The citywas successful in convincingthe County Commissioners to
adjust those RAIDs except for one alongStratford Road.Ifthe Council findsthis RAID objection
able, the citywould file an appeal before the Growth Management Hearings Board.
Gilbert Alvarado,Community Development Director,explained where the RAIDs have been
established and mentioned that the only RAID the city is currently objecting to is the one located
very close to the city's limits on Stratford Road. The cityhad suggested that the area be included
inthe city'sUGAsincethe property owneris looking todevelop the property.The county,however,
agreed withthe property owner and leftitoutside the UGAand designated itas a RAID.
Ron Baker, P.O.Box 779,stated that he purchased the property in 1998 and itis zoned General
Commercial inthe county.It is a 5.5 acre parcel.He stated that he applied fora building permit
from the county 2.5 years ago and is still waiting.The county agreed to designate itas a RAID in
order for him to develop the property. He requested that the city not make an issue of this RAID
so that he can proceed to develop the property.
There was some discussion by the Council.
It was suggested thatthe citystaff workwith Mr.Bakerto come to an agreement concerning his
property.
M Mr.Gavinski distributed a letter from the Board of County Commissioners concerning their recent^"^planning and land use decisions.
BUDGET
Joseph K.Gavinski,City Manager,distributed a list outlining the cuts included inthe 2004budget.
MURAL
Joseph K.Gavinski,City Manager,statedthattheagreementfor the mural hasbeensignedbythe
Friends of Chief Moses and the property owner, Jeff Foster. The Friends of Chief Moses is now
requesting the city removethe facade onthe building as part ofthe city's participation in the cost
ofthe project.He statedthat it would costthe city between $1,000 and $2,500 to remove the
facade. This does not include any restoration that may be needed.Mr.Fosterwould also have
to agree to the removal of the facade.
/&?
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6047
CITY COUNCIL MINUTES November 25,2003
It was the consensus of the Council that the Friends of Chief Moses should present this request
and provide additional information as well as an agreementfrom the property owner to the removal
of the facade.
//0%LOGO AGREEMENT
Joseph K.Gavinski,City Manager,distributed a draft of the a
business logo and city seal,the original heron logo,and the new co
The regular meeting was adjourned at 9:20 p.m.
ATTEST:
Finance Director
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE FOOD PAVILION
PRELIMINARY 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 20,
2003.
1.2 Proponent.Brown and Coles Stores 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 the owner of the property.
2.2 The property is currently zoned C-2, General Commercial and Business.
2.3 The development is consistentwiththe Comprehensive Planand meets the requirements and
i j intent ofthe Municipal Code.
2.4 The developmentmakes adequate provisions foropen space,drainage ways,streetsand other
public ways, transitstops, water supply, and sanitarywastes, parks and recreation facilities,
playgrounds,sites for schools and school grounds.
2.5 The development adequately mitigates impacts identified under Chapters 14 through 19.
2.6 The development is beneficial to the public health, safety and welfare and is in the public
interest.
2.7 The development does notlowerthe levelofserviceoftransportation and/orneighborhood park
facilities below the minimum standards established in the Comprehensive Plan.
2.8 The area, location and features of land proposed for dedication are a direct result of the
development proposal,are reasonablyneeded to mitigate the effects ofthe development, and
are proportionalto the impacts created by the development.
2.9 There were no negative comments at the public hearing.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of factthe Commission makes the following conclusions:
3.1 The Planning Commissionofthe City of Moses Lakeis vested with the authority to recommend
to the City Council the advisability of approving a plat.
\^_J 3.2 The plat is properly before the Commission for its recommendation.
3.3 It is proper atthistime for the Planning Commissionto make a recommendation on this plat.
3.4 Itis inthe best interests and welfare of the city's citizens to platthe propertyas proposed.
4.DECISION OF THE PLANNING COMMISSION.
On the basis of the foregoing findings of fact and conclusions, it is the decision of the Planning
Commission of the Cityof Moses Lake that the platbe approved.
5.DECISION
ityof Moses Lake approves the final plat.
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE DAVISSON PRELI
NARY MAJOR PLAT
FINDINGS OF FACT,CONCLUSIONS,AND DE
CISION
1.
2.
3.
HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A public meeting was held upon proper notice before the Commission on October 20,
2003
1.2 Proponent.Davisson Enterprises 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.
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 the owner of the property.
2.2 The property is currently zoned Heavy Industrial.
2.3 The development is consistent with the Comprehensive Plan and meets the requirements and
intent of the Municipal Code.
2.4 The development adequately mitigates impacts identified under Chapters 14 through 19.
2.5 The development is beneficial to the public health,safety and welfare and is in the public
interest.
2.6 The developmentdoes not lower the level of service of transportation and/or neighborhood park
facilities below the minimum standards established in the Comprehensive Plan.
2.7 The area,location and features of land proposed for dedication are a direct result of the
development proposal,are reasonably needed to mitigate the effects of the development,and
are proportional to the impacts created by the development.
CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of fact the Commission makes the following conclusions:
3.1 The Planning Commission ofthe Cityof Moses Lake is vested withthe 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 It is proper at this time for the Planning Commission to make a recommendation on this plat.
3.4 It is in the best interests and welfare of the city's citizens to plat the property as proposed.
DECISION OF THE PLANNING COMMISSION.
On the basis ofihe foregc
Commission ofihe City of/
finajngs-cif^act and conclusions,it is the decision of the Planning
Lake that the plat be approved.
the City ofJMoSe~s Lake approves the final plat.
Lcirry Tracy
Deputy Mayor