2004 10 126159
MOSES LAKE CITY COUNCIL
October 12,2004
Council Present:Ron Covey,Richard Pearce,Brent Reese,Dick Deane,and Jon Lane Absent:
Lee Blackwell and Steve Shinn
PLEDGE OF ALLEGIANCE: Mayor Covey led the Council in the Pledge of Allegiance.
MINUTES:Mr.Lanemovedthatthe minutesofthe September 28,2004 meetingbe approved as
submitted,seconded by Mr.Pearce,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
^J Action Taken:Mr.Peace 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 Directoras required by RCW 42.24.080,and thoseexpensereimbursementclaimscertifiedasrequiredbyRCW42.24.090,havebeen recorded on
a listingwhich has been made available to the Council for approval.
As of October 12,2004 the Council does approve for payment vouches in the amount of
$1,308,667.29 and prepaid claims of $43,673.98 and $100,631.80.
PRESENTATIONS AND AWARDS
Police Department:Dean Mitchell,Police Chief,Jim Jenkins,Captain,and Mike Williams,Sergeant
were presented to the Council.
CONSENT AGENDA
Lodging Tax Advisory Committee:The membership ofthe Lodging Tax Advisory Committee isto
be confirmed on a yearly basis.The members include Karen Wagner,Moses Lake Chamber of
Commerce and Tourism Commission,Brenda Teals,Big Bend Community College,Allied Arts,
Friends of the Adam East Museum and Art Center,and Tourism Commission,Troy Duzon,
Amerihost Inns,and Nan Davis,Hallmark Inn. Mayor Ron Covey is the Chairman.
Resolution -Halloween:A resolution was presented which designates Saturday,October 30,as >n
the date to celebrate Halloween.
Resolution - Unclaimed Checks: A resolutionwas presented which cancels claims checks that //3Cp
have not been returned to the city and provides for the distribution of the cancelled amounts as
required by law.
\)ActionTaken:Mr.Lane moved that the Consent Agenda be approved,seconded by Mr.Reese,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
SINKIUSE SQUARE
A letter was read by Richard Beeson requesting information on the proposed re-development of
Sinkiuse Square.
Mayor Covey noted that Mr.Beeson was not in the audience but reported that the City Manager
sent a letter to Mr.Beeson with the requested information.
ORDINANCES AND RESOLUTIONS
ORDINANCE -CREATE 18.23 -MULTI-FAMILY HOUSING TAX EXEMPTION -2nd READING /qj</
An ordinance was presented which creates an ordinance that encourages new private multi-family
housing development and redevelopment within a designated area of the city.
The ordinance creating Chapter 18.23 of the Moses Lake Municipal Code entitled "Multi-Family
Housing Tax Exemption"was read by title only.
GilbertAlvarado,Community Development Director,stated that duringthe previous discussion,the
Council instructed staff to set the application fee at $300.Because of the publicinterest, he gave
some background on the program. He pointed out that the tax abatement program is a[^_J development tool.
Joseph K.Gavinski,City Manager,notedthatthere is no change in the existing zoning of any
property that is included in this program.
Gail Davis,904 S.Garden,stated that she does not really objectto the program but to the amount
of property proposed to be included in the program.She mentioned that Garden Drive isa singlefamilyresidentialareawithmanychildrenandwasconcernedthatanyadjacentmulti-family
development will be detrimental to the area.
Gerry McFaul,940 Garden,distributed a map showing a tax abatement area that corresponds to
the propertycurrently zoned Central Business District.He stated that a redeveloped downtown is
importantbut feltthe proposed tax abatement areaistoo large. He pointedoutthatany multi-family
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CITY COUNCIL MINUTES October 12,2004
development or redevelopment in the area would not pay taxes for ten years.He felt that a
developer would prefer to construct on a vacant sight rather than redevelop an existing building in
the downtown area, which is not the goal of downtown redevelopment.He suggested that the
boundaries of the tax abatement area be reduced atthis time and ifneeded,they can be expanded
in the future.
Don Korando, 913 Garden,pointed out that Garden Drive would become a major thoroughfare if
developmenttakes placeas proposedoffof Ninth Avenue.He was concernedaboutthe increase
in traffic because ofthe number of children in the area.
There was some discussion by the Council.
Mr.Alvarado pointed out that the statute lists an urban center not a central business districtas the
area for a project.The idea is to include those areas where multi-family is adjacent to the main
routes of travel such as Division Street and Pioneer Way.The idea was to keep the area to what
could be served by existing development and Hill Street seemed a logical stopping point since
people are already walking to town from there.He pointed outthat much ofthe property within the
proposed boundaries is wetland and would not be suitable for development.
There was additional discussion by the Council.
Chanel Korando,913 Garden,wanted to know if the proposed tax abatement program was in
response to the proposed development on Ninth Street.
Mr.Alvarado pointed outthatthe request for ataxabatement program came from the development
communityand Council directedstaffto researchthe issue. Hementioned thatthe ordinancedoes
not limit the tax abatement to downtown.Itcan be placed on any area that is multi-family in nature.
Action Taken:Mr.Deane moved that the second reading ofthe ordinance be tabled,seconded by
Mr.Lane,and passed unanimously.
REQUEST TO CALL FOR BIDS
jQ/i/FUEL PROCUREMENT
Staff requested authorization to call for bids for fuel procurement for a three year period.
Action Taken:Mr.Pearce moved that staff be authorized to call for bids,seconded by Mr.Reese,
and passed unanimously.
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION O
jfalQ THE LAKES MAJOR PLAT/CONDITIONAL USE PERMIT -APPEAL
Mayor Coveystated thatthe Council would adjourn to an executivesession at the close of the
regular meeting to deliberate onthe appeal ofthe denial bythe Planning Commission ofthe Lakes
Preliminary Major Plat and conditional use permit for a manufactured home park.
AGREEMENT -WASTEWATER TREATMENT FACILITIES
An agreementwas presented with will Huck Goodrich to connect his on-site wastewatertreatment
facility to the city's sewer system located withinthe right-of-wayon Potato Hill Road.
Action Taken:Mr.Deane moved that the City Manager be authorized to sign the agreement,
seconded by Mr.Pearce,and passed unanimously.
Iltf SCULPTURE WALK
A draft agreement was presented for the Sculpture WithoutWalls project.This project will add
public art tothe community byhaving artists loan their sculptures tothe city for a period ofone year.
Membersofthe communitywill havethe opportunity toviewthese sculpturesandthenvote for their
favorite. At the end of one year the favorite sculpture would be purchased by the city.
Spencer Grigg,Parks and Recreation Director,stated that this is a program which willenhance the
city and suggested the city commit $10,000 per year for the purchase of a sculpture.
There was some discussion by the Council and some concern was expressed about the funding
of the program.
Joseph K.Gavinski,City Manager,statedthateach year the Council would determine whether or ^^
not to allocate funds for this type of program.()
Action Taken:Mr.Deane moved that staff be authorized to proceed with this project,seconded by
Mr.Lane,and passed unanimously.
POLARIS -SIGN IN EASEMENT
Munn Contracting is requesting permission to place a free standing sign in a utility easement at
2209 W.Broadway,the new location of Polaris.
Gilbert Alvarado,Community Development Director,stated that along Broadway there are areas
with 5'easements,10'easements,and no easements.The proposed sign is in the same area as
other signs on Broadway,except that it is within an easement.
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CITY COUNCIL MINUTES October 12,2004
Robert Munn, Munn Contracting,stated that to move the sign would block an existing access.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that permission be granted to allow a sign within the easement
at 2209 W. Broadway with the understanding that if required, the sign will be removed at the
owner's expense,seconded by Mr.Lane, and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
QUARTERLY AMBULANCE REPORT
The second quarter report on the ambulance fund was submitted.
BUILDING ACTIVITY REPORT
The September 2004 Building Activity Report was submitted.
DEVELOPMENT PROJECTS UPDATES
Gilbert Alvarado,Community Development Director,submitted a report informing the Council ofthe
progress of various projects in the city.
INVESTMENT REPORT
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Joseph K.Gavinski,City Manager,reported thatthecity received $18,845.70 in investment income /DO$
for September 2004.
SALES TAX/TRANSIENT RENTAL INCOME
Joseph K.Gavinski,City Manager,reported that the city received$291,643.52 in sales tax and -^
$39/40.08 in transient rental income in September 2004-.''J 4*
VISION 2020 -STAFF ASSISTANCE
Joseph K.Gavinski,City Manager,stated that Lori Barlow has been assigned to work with Vision
2020 and the Healthy Community project. The cityis currently lookingto fill her Associate Planner
position.
2005 BUDGET
Joseph K.Gavinski, City Manager,stated that a study session needs to be set to discuss the 2005
preliminary budget.
A study session was scheduled for October 26 at 6 p.m. in the Council Chambers.
2005 COUNCIL/STAFF RETREAT
Joseph K.Gavinski,City Manager,stated that the 2005 Council/staff retreat is scheduled for
February 4 and 5 in the Larson Recreation Center meeting room.
The regular meeting was recessed at 8:40 p.m.and the Council met in an executive session to
discuss The Lakes Preliminary Plat/Conditional Use Permit Appeal.The executive session was
adjourned at 9 p.m.and the regular session was reconvened.
THE LAKES MAJOR PLAT/CONDITIONAL USE PERMIT -APPEAL
Action Taken:Mr.Pearce moved that the Findings of Fact,Conclusions,and Decision,which
remands The Lakes Preliminary Major Plat and Conditional Use Permit back to the Planning
Commission for a decision on the Conditional Use Permit,be adopted,seconded by Mr.Reese,
and passed unanimously.
The regular meeting was adjourned at 9:05 p.m.,
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ATTEST:Ronald C.Covey,Ivfayor
Ronald R.Cone,Finance Director
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BEFORE THE CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE APPROVAL
OF THE LAKES MAJOR PLAT AND
CONDITIONAL USE PERMIT
APPEAL NO.04-01
FINDINGS OF FACT,CONCLUSIONS,
AND DECISION TO REMAND
1.A closed record hearing was held upon proper notice before the city council on
September 14,2004.The matters before the city council were:
1.1 Denial of preliminary approval of The Lakes Major Plat;and
1.2 Denial of the Conditional Use Permit to operate a manufactured home park
on The Lakes Major Plat location.
1.3 The parties to this appeal are:
Pat Carroll,the proponent/appellant,owner ofThe Lakes property
City of Moses Lake,respondent
1.4 Evidence.The city council considered the following evidence and arguments.
1.The record from the open record hearing before the planning commission
held on July 15,2004 and July 29,2004,consisting of the audio tapes of the
hearing,all written materials submitted to the planning commission and all
exhibits entered by the planning commission.
2.The written argument of Mr.Carroll's attorney in support of his position on
this appeal set forth in his notice of appeal and in his brief of appellant.
2.FINDINGS OF FACT.
Based upon the evidence in the record,the city council makes the following
findings of fact:
2.1 The proponent is the owner of property proposed for The Lakes Major Plat.
2.2 The property is currently unplatted.
2.3 The project is in compliance with current development regulations.
2.4 The Lakes Major Plat was denied by the planning commission on the basis
that the proposed plat fails to provide infrastructure necessitated by The
Lakes Major Plat.The proposed plat does not provide for the construction of a
street to city standards through the property.Property is offered to be
dedicated for such a street.
2.5 The denial of the Conditional Use Permit by the planning commission was
due to mootness based upon the denial of the plat request.The planning
commission made no determination of the merits of the applicant's
Conditional Use Permit request.
3.CONCLUSIONS.
From the foregoing findings of fact the city council makes the following conclusions:
3.1 The planning commission is vested with the authority to consider approval of
this plat and Conditional Use Permit.
3.2 The major plat and Conditional Use Permit of the proponent were properly
before the planning commission for consideration.This closed record hearing
is properly before the city council
3.3 The planning commission has denied the plat application for failure of the
proponent to include construction of a street through the project.
3.4 The planning commission did not consider the Conditional Use Permit
application beyond a denial after denying the plat application.
3.5 The planning commission's denial of the Conditional Use Permit for mootness
fails to provide a basis for city council to sustain or overrule such denial.
3.6 Pursuant to MLMC 20.09.030 this matter should be remanded to the planing
commission for further consideration of the proponent's Conditional Use
Permit application and a determination of the conditions under which such a
Conditional Use Permit could be approved.
4.DECISION.
On the basis of the foregoing findings of fact and conclusions,it is the decision of
the City Council of the City of Moses Lake that this matter is remanded to the
planning commission for further consideration of the proponent's Conditional Use
Permit application.
Approved by the City Council on.October J2,2004.
Ronald C.Covey
Mayor
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