2005 04 126210
MOSES LAKE CITY COUNCIL
April 12,2005
Council Present:Ron Covey,Richard Pearce,Dick Deane,Steve Shinn,Jon Lane,Lee Blackwell,
and Brent Reese
PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the Pledge of Allegiance.
MINUTES:Mr.Reese moved that the minutes of the March 22,2005 meeting be approved as
submitted,seconded by Mr.Pearce,and passed unanimously.
\^J APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Pearce moved that the bills,checks,and prepaid claims issued be approved,
seconded by Mr.Deane,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 recordedon
a listingwhich has been made available to the Council forapproval.
As of April 12, 2005 the Council does approve for payment vouchers in the amount of
$1,195,789.68,and prepaid claims of $602.95, $204,269.42, $141,005.60, $8,479.48, and
$286,074.68.
PRESENTATIONS AND AWARDS
Parks and Recreation Department:Mark Hickok,Parks Superintendent,and Prudencio Guerra,
Jr.,Park Maintenance Worker,were introduced to the Council.
Summer Concert Series -Lions:Dave Helms,Lions Club President,presented the city with $1,000 /oVfa
for the 2005 Summer Concert Series.
Executive:Bob West,Human Resources Director,was presented with a plaque for his 30 years /O/^
of service to the city.
CONSENT AGENDA
Authorize to Apply for Grant -Police Department:The Police Department requested authorization //7&
•to apply for a grant from the Washington Traffic Safety Commission's Click It orTicket program.
v-^The funds will beusedto pay for overtime for this enforcement campaign.
Ordinance -Crawford Zone Change -2nd Reading:An ordinance was presented which rezones //90
approximately 10 acres of property located at the end of Monroe Street from Agriculture to R-1,
Single FamilyResidential.The propertyis owned by Jerry Crawford.
Resolution -Accept Donation -Japan AirLines:Aresolution waspresented which accepts a$2,000 /O VO?
donation from Japan AirLines.The funds areto be used inthe Parksand Recreation Department.
Resolution -Interfund Loan:A resolution was presented which authorizes an interfund loan of JOIO'/i
$600,000 from the Sanitation Fund to the Equipment Rental Fund.
Authorization to Execute Contract -Western Display Fireworks:Authorization was requested for /Q3J*
the City Manager to sign the contract with Western Display Fireworks for the 4th ofJuly fireworks
display.
Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.
Blackwell,and passed with Mr.Shinn opposed to the interfund loan.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
PROPERTY TRADE -LEFTWICH
V )Jack Leftwich recently purchased the former VFW Post located at424 Burress.He is proposing
^-^a large addition to the existing building and wishes to straighten the city-owned driveway to the
southwest of his property.This driveway is an access to Larson Playfield and parking lot and
Peninsula School.Mr.Leftwich has offered to re-construct the city-owned driveway in exchange
for property adjacent tohis property.Staffhas investigated theissue and ithasbeen determined
thatthe city-owned property requested by Mr.Leftwich is valued at $17,229 andthe re-alignment
and construction of the driveway is valued at $42,500.
Gilbert Alvarado,Community Development Director,stated that staff consulted with the School
District concerning the re-alignment of the driveway and they requested that crosswalks be
delineated forthe safety of the students at Peninsula School.
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CITY COUNCIL MINUTES April 12,2005
Gary Harer,Municipal Services Director,stated that he inspected the site with P. J. Debenedetti,
the School Districtrepresentative.There was found to be a great deal of vehicular traffic but few
pedestrians were crossing the street.It was feltthat the best solution is to keep the crosswalk at
Burress and installan additional crosswalk at Spruce ratherthan have a mid-block crosswalk at the
proposed driveway.
Jason McGowan, representing the proponent,stated that they would provide the conduit forthe
proposed street lightat the end of the new driveway but itwould be the city's responsibilityto see
that the light is installed.
Action Taken:Mr.Blackwell moved that the staff be authorized to proceed with the land trade and f)
driveway improvements,seconded by Mr.Shinn, and passed unanimously.
COMPREHENSIVE PLAN AMENDMENTS
Gail Adairowns propertyat the intersection ofValley Road and Stanley Drive in Cascade Valley.
The property has been used for commercial purposes since 1923 butthe county is proposingthat
itbe rezoned to residential. Ms. Adair has requested that the property remain as commercial and
needs a letterof support from the city,since the area is within the city's UGA.
Gilbert Alvarado, Community Development Director,stated that the city's Comprehensive Plan
shows a land use designation of low density residential.
Ms.Adairstated that the county has a deadline ofJuly31 forchangestotheir Comprehensive Plan
and the city has a deadline of March 31 forchanges to its Comprehensive Plan.Since the county
requests a letterof support from the cityconcerningthe changes to the landwithin the city's UGA,
the request for city support for the commercial zoning for the property was submitted.She
mentioned that the propertywas offered forsale as commercial propertyand that several parcels
of property adjacent to her property are currently being used by commercialenterprises.
There was some discussion bythe Councilconcerning the process relativeto Comprehensive Plan
amendments.
Action Taken:Mr.Pearce moved that the county be notified that the city supports the request to
rezone the property owned by Ms. Adair from residential to commercial and that the city's
Comprehensive Plan be changed accordingly,seconded by Mr.Blackwell,and passed
unanimously.
ORDINANCES AND RESOLUTIONS f>
ORDINANCE -WATER/SEWER RATES - 2nd READING
An ordinance was presented which increases the water and sewer rates beginning May 1,2005.
The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled"Waterand
Sewer Rates"was read by title only.
Action Taken:Mr.Deane moved that the second reading of the ordinance be adopted,seconded
by Mr.Blackwell.
Mr.Shinn stated that he is opposed to raising the rates as he felt there is already sufficient money
in the water/sewer fund.
Mr.Reese felt it was better to increase the rates a minimal amount each year rather than have a
large raise every few years.
The motion passed with Mr.Shinn opposed.
//S3 ORDINANCE -RESIDENTIAL VEHICLE STORAGE -1st READING
An ordinance was presented which amends the residential vehicle storage regulations by
prohibiting the parking or storage ofcommercial vehicles or semi-tractor trailer combinations on
residential property and prohibitingthe parking or storage of vehicles or recreational vehicles on
vacant property.
The ordinance amending Chapter 8.50 ofthe Moses Lake Municipal Code entitled "Residential ^"^
Vehicle Storage"was read by title only.
Joseph K. Gavinski, City Manager,recommended that the ordinance be changed to prohibit
commercial vehicles over one ton.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the ordinance be amended by prohibiting trucks over one
ton and the first reading be adopted,seconded by Mr.Reese,and passed unanimously.
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CITY COUNCIL MINUTES April 12,2005
ORDINANCE -LEGISLATIVE REZONE -1st READING
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An ordinance was presented which amends the city's zoning in the area south of Nelson Road to
correspond to the land use designations of the Comprehensive Plan.
The ordinance changing the official zoning map was read by title only.
There was some discussion by the Council.
Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by
\y Mr.Lane, and passed unanimously.
RESOLUTION -BUILD ON UNPLATTED PROPERTY -PUGH _aj&b "
A resolution was presented which would allow Steve and KellyPugh to construct storage units on
unplatted property owned by the Thornton Living Trust. The property is located at 1110 W.
Broadway in the C-2 Zone,General Commercial and Business.
Gilbert Alvarado,Community Development Director,explained that if platting is not required, the
developers should still be requiredto repairthe sidewalks and installthe requiredlandscaping. The
property is actually owned by the Thornton LivingTrust.
There was some discussion by the Council.
The resolution allowing Steve and KellyPugh to buildon unplatted property owned bythe Thornton
Living Trust was read by title only.
Action Taken:Mr.Blackwell moved that the resolution be amended to eliminate the requirement
to platthe property but include a requirement to repair the sidewalks and install landscaping,
seconded by Mr.Reese,and passed with Mr.Deane opposed as he feltthat the propertyshould
be platted.
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RESOLUTION -BUILD ON UNPLATTED PROPERTY -DELAROSA
A resolution was presented which would allow Rene and Lydia Delarosa to builda 24'x 24'shop
on Tax #2032. The propertyis located at2001 Peninsula Drive inthe R-2 Zone,Single Family and
Two Family Residential.The resolution requires the platting ofthe property within one yearofstart
ofthe construction.
The resolution allowing Rene and Lydia Delarosa to build on unplatted propertywas read by title
only.
Action Taken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Lane, and
passed unanimously.
REQUEST TO CALL FOR BIDS
DOGWOOD COURT
Staff requested authorization to call for bids for Dogwood Court.This project includes improving
Dogwood Street from Broadway Avenue to the northwest end,constructing curb extensions on
Broadway Avenue,and improving the pedestrian crossing on Broadway.The total estimate is
$255,000,including engineering.This project was included in the Capital Fund for $110,000.A
budget adjustment will be needed when the bid is awarded.
ActionTaken:Mr.Reese movedthat staff be authorized to call for bids,seconded by Mr.Blackwell,
and passed unanimously.
REFERRALS FROM COMMISSIONS
ANNEXATION -SCHNEIDER HOMES
On February 22, 2005 the Council receipted the Notice of Intent to Commence AnnexationProceedingssubmittedbySchneiderHomes,Inc.for approximately 160 acres of property located
in Cascade Valley.This property is contiguous to the city of Moses Lake in Lewis and Parker
i )Horns.Atthe February 22 Council meeting,the Council alsoreceipted and apparently,according
tothe minutes,accepted the petition.The Planning Commission has reviewed the Notice of Intent
and has recommended to the Council that the city accept the annexation as presented in the
Notice.Whilethe Council appearsto have receiptedandaccepted the annexation petition,itdoes
not appear bythe minutes that theCity Council actually accepted the annexation nor required the
simultaneous adoption ofa proposed zoning regulation as allowed bystatute.In order toclear the
record with the Council's previous action in mind and the recommendation of the Planning
Commission,the City Council should accept the annexation proposed bySchneider Homes in the
Noticeof Intentionto Commence Annexation Proceedings dated February 15,2005and requirethe
adoption of a proposed zoning regulation as set forth in the city's Comprehensive Plan which
includes areas outside the city's limits inthe city's Urban GrowthArea.
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CITY COUNCIL MINUTES April 12,2005
Joseph K.Gavinski, City Manager,explained the reasons for requesting the Council to accept the
Notice, requirethe simultaneous adoption of the Comprehensive Plan and direct the petitionto be
so drawn.
Action Taken:Mr.Pearce moved that the Notice of Intent be accepted,the zoning regulations be
adopted for this propertyand the petition be drawnto reflectthat,seconded by Mr.Blackwell,and
passed unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
}/£fo SAGE VISTA 2nd ADDITION PRELIMINARY MAJOR PLAT -APPEAL O
The CommunityDevelopment Departmenthas receivedan appeal ofthe Planning Commission's
recommendation to approve the Sage Vista 2nd Addition Preliminary Major Plat.The appealis a
closed record appeal, which means the decision must be based on the record created at the
Planning Commission hearing.
Since Mr.Shinn was the person who filed,the appeal, he declared a conflictof interest and exited
the room.
Mayor Covey explained the process that would be followed inhearingthe appeal.
Shawn Fisk,representing the appellant,distributed a letter from Stephen Shinn dated April 12,
2005.
James A.Whitaker,CityAttorney,pointed outthatthe Council cannotconsiderany information that
was not presented to the Planning Commission.
Gilbert Alvarado,Community Development Director,pointedout that the original appeal letterdid
indicate that additional information would be provided to support the appeal.
Mr.Fisk statedthatheandanother person hadappealed the approval oftheSage Vista 1st Addition
Major Plat because of the lack of access onto Valley Road and were told at that time that any
additional access ontoValley Road should be considered when the next platwas submitted tothe
city.The Sage Vista 2nd Addition will increase the traffic and no access was provided to Valley
Road. The appealwas taken as itis felt thatthe additional access ontoValleyRoadis needed to
handle the traffic.
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l\&**Joseph K.Gavinski,City Manager,reported that the city received $240,969.04 in salestax and
$13,268.44 in transient rental income in March 2005.
Mr.Alvaradoexplained that, as part of the record,there is a January 12,2005 memo from Gerry
McFaul,City Engineer,that states that another access ontoValley Road is not something staff
wouldsupport.The traffic issues raisedbythe appellanthave all been addressed inthe information
providedto the Planning Commission and which is partof the record.
Phil Bloom, Columbia Northwest Engineering, representing Hayden Enterprises, the owner of the
project,stated that they wish to proceed with the project as submitted.
There was some discussion by the Council concerning the traffic in the area.
There being no further questions,the argument on the appeal was closed.
Mr.Shinn returned to the Council Chambers.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
LANDSCAPING
Mr.Deane felt that additional landscaping efforts are needed on Grape Drive, Pioneer Way,and
Stratford Road and requested staff to investigate.
Mr.Pearce mentioned that the state has not yet placed any landscaping at the Broadway and I-90
interchange and suggested the city look into installing the landscaping.
DEPARTMENT OF TRANSPORTATION -ENHANCEMENT ADVISORY COMMITTEE
Mayor Covey has been appointed to the Washington State Department of Transportation
Enhancement Advisory Committee.
CITY MANAGER REPORTS AND COMMENTS
f<fe£SALES TAX/TRANSIENT RENTAL INCOME
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CITY COUNCIL MINUTES April 12,2005
BUILDING ACTIVITY REPORT
The March 2005 building activity report was presented.
AMBULANCE REPORT
The first quarter ambulance report was provided.
ADOPT A ROUND ABOUT
Joseph K.Gavinski,City Manager,stated that he had been contacted about having the city
establish a program for citizens or groups to adopt a round about.
UNDERGROUND UTILITIES
Joseph K.Gavinski,City Manager,reported to the Council that a meeting has been scheduled for
Friday, April 15,at 1:30 to discuss the possibility of placing utilities underground in the downtown
area of Moses Lake.
DIVISION/l-90 OVERPASS
Mayor Covey stated that he was informed that Senator Mulliken has included the city's request for
funding for the pedestrian crossing at the l-90/Division Streetoverpass inthe state's transportation
budget.
The meeting was recessed at 9:25 p.m.and Mr.Shinn left the meeting for the evening.
The Council met in executivesession to discuss the appeal ofthe approval ofthe Sage Vista 2nd
Addition Preliminary Major Plat.
The executive session was adjourned at 10 p.m.and the regular meeting was reconvened.
SAGE VISTA 2ND ADDITION PRELIMINARY MAJOR PLAT -APPEAL ,
Itwas the consensus of the Council that discussion on the appeal of the approval of the Sage Vista
2nd Addition Preliminary MajorPlat be continued to the next meeting.
The regular meeting was adjourned at 10 p.m.
Ronald C.Covey,MayoK
ATTEST:
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^Ronald R.Cone,Finance Director
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