2005 05 106222
MOSES LAKE CITY COUNCIL
May 10,2005
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.Shinn moved that the minutes of the April 26,2005 meeting be approved as
submitted,seconded by Mr.Blackwell,and passed unanimously.
l^J APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Lane moved that the bills,checks,and prepaid claims issued be approved,
seconded by Mr.Pearce,and passed unanimously.
Vouchers audited and certified bythe 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 available to the Council for approval.
As of May 10,2005 the Council does approve for payment vouchers in the amount of
$1,510,541.37and prepaid claims of $171,384.94 and $141.25.
PRESENTATIONS AND AWARD -None
CONSENT AGENDA
Authorization to Apply for Grant -Homeland Securitv Commercial Equipment Grant:The Police //7^
Department requested authorization to apply for an equipment grant from the Homeland Security
Program.A Thermal Imaging System will be purchased with the funds.
Campbell-Michel Estates#1and#2 Major Plats/Findings of Fact:AHO Construction has submitted //£&
applications fortwo preliminary plats to subdivide 40 acres into 161 single family residential lots.
The site is located north ofYonezawa Blvd. and approximately 1300'west of DivisionStreet,at the
end of Tanglewood Drive in the Desert Highlands area.The area is currently zoned Agricultural,
but is in the process of being rezoned to R-1,Single Family Residential.
The Lakes Revised Preliminary Major Plat/Findinas of Fact:Patrick G.Carroll has submitted a /^^
;,revised preliminary plat for a 76-unit senior manufactured home park.This revised plat dedicates
\~s right-of-way forfuture streets and utilitiesalong the north and east boundaries of the plat.The site
plan for the plat also shows the location of a secondary emergency access which was a
requirement ofthe conditional use permit.
Moses Lake Police Firing Range Final Plat/Findings ofFact:The City ofMoses Lake has submitted /^&
a final platfora one lotmajor platlocated on Randolph Road.The area is zoned Publicand isthe
site of the police firing range.
Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.
Blackwell,and passed unanimously.
COMMISSION APPOINTMENTS
Airport Commission:The Council ratified the re-appointments ofDelone Krugerand Dave Chandler /OO Q>
to the Airport Commission.
Parks and Recreation Commission:The Council ratified the appointment of Diana Ecret tothe /0 ~7/
Parks and Recreation Commission.Fernando Alvarez has indicated that he does not wish to be
re-appointed to another term on the Commission which creates an additional vacancy.
CONSIDERATION OF BIDS
LARGE AREA MOWER
The city received three bids for the large area mower which will be used in the Parks and /0/7
Recreation Department to maintain the city's parks and ballfields.The low bidder took 34
exceptions to the specifications. The majorexception isthatthe mowerthey proposedcuts 40%
i i fewer acres perhourthan what was requiredinthe specifications and what the currentmower cuts.
—'The Parks and Recreation Department felt this was unacceptable.The exceptions taken by the
second lowest bidder are the differences between the various manufacturer's mowers.Their
mower substantially meets the specifications. Staff recommends that the bid be awarded to the
second lowest bidder,Turfcare and Specialty.
Action Taken:Mr.Pearce moved that the bid from Evergreen Implement be declared to be a non-
responsive bidbecause ofthe lowmow rateandthe irregularities inthe Turfcareand Specialty bid
bewaived and the bid beawarded toTurfcare and Specialty for$64,650.66,seconded by Mr.Lane,
and passed unanimously.
FRONT END LOADERS
The city received two bids for the two front end loaders.One loader is areplacement for the Parks /0/~/
and Recreation Department and the other loader will be used bythe Wastewater Division to remove
and maintain the bio-solids at the wastewater treatment plants.
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CITY COUNCIL MINUTES May 10,2005
Action Taken:Mr.Blackwell moved that the irregularities in the Rowand Machinery Co. bid be
waived and the bid be awarded to Rowand Machinery Company in the amount of $201,438,
seconded by Mr.Pearce,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
GANDEE -EXTEND SEWER -MARINA DRIVE
Mike and Wendy Gandee,owners of 1510 W. Marina Drive, Lot 1,Bennett Addition No. 2,
requested city participation in the cost of extending sewer main to the south boundary of their
property.The sewer main currently ends in the middle of Lot2,BennettAddition No. 2.The sewer
was extended to the middle of Lot 2 sometime in the 1950's and the property to the north of
Gandee's property was granted a waiver to not extend the sewer.The Gandee's wish to connect
to city sewer and have agreed to extend the sewer to the north boundary oftheir property but do
not feel they should pay to have the sewer extended to the south boundary line of their property.
Action Taken:Mr.Lane moved that the city construct the sewer main to the south boundary line
of Lot 1,Bennett Addition No. 2,seconded by Mr.Blackwell,and passed unanimously.
ORDINANCES AND RESOLUTIONS
)/fQ ORDINANCE -LEGISLATIVE REZONE-PHASE 2-2nd READING
An ordinance was presented which amends the city's zoning in the area south of Nelson Road to
I-90 and west of Division Street to Pelican Horn,several parcels south of I-90 in the SR 17 area,
the lower and mid-peninsula south ofGibby Road and Milwaukee Avenue,and allof the city on the
west side ofthe lake.
The ordinance amending the officialzoning map was read by title only.
Mr.Shinn pointed out that there was no public hearing on these proposed zone changes and the
property owners were not notified of the Phase 2 zone changes even though a public hearing was
held on the Phase 1 zone changes.
Gilbert Alvarado,Community Development Director,pointed out that a legislative rezone does not
require a public hearing.The public hearings and property owner notifications took place at the
time the land use designations were established for the Comprehensive Plan.
Jim Whitaker,City Attorney,stated that on an area-wide rezone,the law only requires that a notice
be published in the paper.Itis a legislative act ofthe Council and a public hearing is not required.
He mentioned that the public hearing held on the Phase 1 rezone was an error on the part ofthe
city.
Action Taken:Mr.Blackwell moved that the second reading of the ordinance be adopted,
seconded by Mr.Pearce,and passed with Mr.Shinn opposed as the affected property owners
should be notified ofthe zone change.
/D36?ORDINANCE -CREATE 16.40 -FIRE DEPARTMENT PERMIT FEES -2nd READING
An ordinance was presented which establishes permit fees for certain activities,operations,and
functions which require Fire Department permits.
The ordinancecreating Chapter 16.40 ofthe Moses Lake Municipal Codeentitled "Fire Department
Permit Fees"was read by title only.
Action Taken:Mr.Pearce moved that the second reading ofthe ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
//2(f ORDINANCE -AMEND MARINA SHORES PURDD -1st READING
An ordinance was presented which amends the Marina Shores Planned Unit Residential
Development District(PURDD) by eliminating the requirement forpublic liability insurance with the
city named as an additional insured.
The ordinance amending Ordinance No.1740-A which amended Ordinance 1740 creating a planned unit
residential development districtof Moses Lake pursuant to Moses Lake Municipal Code 18.22.020 (b) and /"""N
Moses Lake Municipal code 18.67 was read by title only.
AcjionTaken:Mr.Blackwell moved that the first reading ofthe ordinance be adopted,seconded
by Mr.Lane,and passed unanimously.
/OS"/ORDINANCE -ACCESSORY BUILDINGS -1st READING
An ordinance was presented which regulates the accessory buildings and uses in the residential
zones of the city.
The ordinance amending Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential
Zones"was read by title only.
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CITY COUNCIL MINUTES May 10,2005
Gilbert Alvarado,Community Development Director,stated that the Planning Commission was
concerned about the requests for detached accessory structures thatwere largerthan the primary
residence.The existing language limits accessorystructures to not more than 60% of thetotalarea
ofthe primary dwelling with some waivers allowed under certain conditions.
Mr.Reese pointed out that very nice structures can be constructed with metal siding and tin roofs
and match existing homes.He felt that metal siding and roofs should be allowed. He was also
concerned about the size limitations as it may preventa propertyownerfromconstructing a building
large enough to house his cars,boats,and other vehicles as required under the new vehicle
storage ordinance.
Mr.Alvarado mentioned that the Planning Commission extensively discussed this issue and
concluded that uniformity is desirable in residential neighborhoods.
Mr.Pearce also felt the ordinance was too restrictive as it relates to the siding and roofing of the
accessory building.
LoriBarlow,Associate Planner,pointed out that the ordinance requires the accessory structure to
be the same material ora material compatible with the primary residence.This provides fora level
of quality and compatibilty within a neighborhood.She mentioned that the size limitation was
imposed to make sure that the home was the dominant structure on the lot.Ifthe controlover the
material being used to side or roof the structures is lost, material more appropriate to a rural
environment may be used by a home ownersimply because itis less expensive and such material
may not be compatible with an urban environment.
Action Taken:Mr.Blackwell moved that the ordinance be amended by deleting "No metal siding
or roofingshall be permitted unless it matches the siding or roofingof the dwelling."in F.5. c. and
the firstreading of the ordinance be adopted,seconded by Mr.Shinn.
There was some discussion by the Council.
The motion failed with Mr.Blackwell,Mr.Lane,and Mr.Shinn in favor and Mr.Deane,Mr.Reese,
Mr.Pearce,and Mayor Covey opposed.
Action Taken:Mr.Pearce moved that the ordinance be amended by deleting "The detached
structure shall have siding and roofing materials similarto or compatible with those used on the
dwelling.Nometalsidingor roofing shallbe permitted unless itmatches the sidingor roofing ofthe
dwelling."in F.5.c. and the first reading ofthe ordinancebe adopted,seconded by Mr.Reese.
Mr.Blackwell and Mr.Lane feltthat "The detached structure shall have siding and roofing materials
similarto or compatible with those used on the dwelling."should be retained.
There was some discussion by the Council concerning the subjectiveness of similar and
compatible.
The motion passed with Mr.Blackwell and Mr.Lane opposed.
Robin White and Jon Trammell,422 W. Ridge Road,have requested permission to construct a
detached garage in the rear of their property.
Mr.Trammell stated that his house is 830 square feet and he would liketo construct a garage that
is 30'x 30'.Since the garageis larger thanthe house, itisnotallowed.However,ifitwas attached
to the house,there is no limit on the size of the garage. The garage will be used to store a boat,
a car,and a lawn mower.
Mr.Alvarado stated that the current requirements for accessory buildings do not allow for the
constructionof a 30'x 30'garage by Mr.Trammell. The proposed changes will allowMr.Trammel
to construct a garage.
ORDINANCE -WATER CONNECTION FEES AND WATER REGULATIONS -1st READING /O^
Ordinances were presented which delete Chapter 13.06,Water Regulations,creates Chapter
13.07,Water Regulations,and amends Chapter 13.08,Water and Sewer Connections.
Gary Harer,Municipal Services Director,statedthatthe goal was to remove sections from 13.06
i i and 13.08 that deal withwater regulationsand create a new chapter for water regulations.The^-^regulations were reworded for clarity and additional regulations added.He explained the new
provisions.
The ordinance deleting Chapter 13.06 of the Moses Lake Municipal Code entitled "Water
Regulations"and creating Chapter 13.07 of the Moses Lake Municipal Code entitled "Water
Regulations"was read by title only.
Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by
Mr.Blackwell.
Mr.Shinn stated that he is opposed to the requirementto connect to the citywater system as itis
atakingof individual water rights withoutcompensationandthatthe citystaffshouldnothavethe
right of entry to private propertywithoutthe propertyowner's permission.
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CITY COUNCIL MINUTES May 10,2005
The motion passed with Mr.Shinn opposed.
The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and
Sewer Connections"was read by title only.
Action Taken:Mr.Blackwell moved that the first reading ofthe ordinance be adopted,seconded
by Mr.Deane,and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
/09X>GUERRERO -SIGN
LydiaGuerrero has requested permission to place a 32" x 42" free standing sign on the sidewalk
in front of the Brand New Day Salon at 416 W. Third Avenue.The sign will be stored inside the
salon during non-business hours.
Action Taken:Mr.Pearce moved that the request be granted to place a 32"x 42"free standing sign
on the sidewalk at 416 W. Third Avenuewith the stipulation that the size is to be stored inside when
the business is closed,seconded by Mr.Reese,and passed unanimously.
/CQO TEMPORARY SIGNS - LETTER CARRIERS FOOD DRIVE
The National Association ofLetterCarriers Food Drive has requested permission to place 3'by 9.5'
banners in city right-of-way at Five Corners,in the center of the roundabout at Division and
Yonezawa Boulevard,in the grass triangle ofthe intersection ofThird Avenue and Broadway with
the sign facing south,and inthe triangleof Highway 17 and Pioneer Way with the sign facing south.
Since this food drive takes place every year,they are requesting permission to place the signs at
these locations without having to come before Council each year.The signs will be erected two
weeks priorto the date of the food drive.
There was some discussion and the Council was not in favor of granting permission for the
placement of the signs for more than one year at a time.
Mr Blackwell also stated that he felt the signs were too large,he objected to the advertising taking /""N
up half ofthe sign,and did not like the locations.' '
Action Taken:Mr.Reese moved that permission be granted for the placement of the signs as
requested for 2005 and the signs be removed once the food drive is completed,seconded by Mr.
Pearce.
There was some discussion concerning the fact that the signs include an advertisement for Pepsi.
The motion passed with Mr.Blackwell and Mr.Lane opposed.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
/030/I BUILDING ACTIVITY REPORT
The April 2005 building activity report was presented.
SALES TAX/TRANSIENT RENTAL INCOME^4
Joseph K.Gavinski,City Manager,reported that the city received $246,677.24 in sales tax and
$14,747.64 in transient rental income in April2005.
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/09&UGA AMENDMENT -O'BRYNE
Gilbert Alvarado,Community Development Director,reported that Stuart O'Byrne has requested (~*\
that property in Mae Valley be included in the city's UGA.The property is located west of
Westshore Driveand north of Winesap Road.Since the Board of County Commissioners would
be meeting on the proposed amendments to the UGA priorto the City Council discussing this
request,a letter was sent to the representative from staff stating the Council's previous position
which included this area in the original UGA boundary.He requested the Council confirm to the
County Commissioner's the city's willingness to include this property inthe city's UGA.
Action Taken:Mr.Dean moved that the request from Stuart O'Bryne to include his property in the
city's UGA be granted,seconded by Mr.Blackwell, and passed unanimously.
/O9o UGA DEVELOPMENT STANDARDS
GilbertAlvarado,Community Development Director,mentioned that any development inthe UGA
is requiredto buildto city standards.A waiver can be granted forthose improvements provided a
covenant is recorded withthe platfor those improvements inthe future.There are two projects in
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CITY COUNCIL MINUTES May 10,2005
Cascade Valley that have been preliminarily approved by the county,but will not receive final
approval until a waiver is granted from the city.The problem with these projects is the density.
When the county originally established the density of the areas in Cascade Valley the city
established the same density patterns in order to be consistent with the county.After the city set
the density for Cascade Valley in its Comprehensive Plan, the county decreased the density of
some areas.The problem this creates is that the lower densities do not allow for construction of
improvements to city standards.
Lori Barlow,Associate Planner,explained the difference between the county and city densities.
The problem the city has withthe proposed developments is that the development plan submitted
bythe developer forfuture development ofthe property cannot meet the city's requirements.
Joseph K.Gavinski, City Manager,pointed out that the plans are supposed to be consistent and
because the county changed the density,there exists an illegal inconsistency.
Mayor Covey stated that developers have a problem with trying to plan under two separate and
differing plans but he did not feel a waiver should be granted.
There was some discussion by the Council but because of the problems with density and
development,it was the consensus of the Council that a waiver should not be granted.
COUNCIL AT THE SQUARE
Joseph K.Gavinski, City Manager,stated that the first "Council at the Square"will be June 4 at /£
Sinkiuse Square between 10 a.m. and 1 p.m.Staff will be available to support any Council
members who choose to participate.
FIRE DEPARTMENT ANNUAL REPORT
Dave Helms,Fire Chief,gave a report on the Fire Department.Training is on-going and recently
included the burning of the buildings on Seventh Avenue.The Fire Department responds to
approximately 1,000 calls a year,85%of which are EMS calls.
There was some discussion by the Council on future activities and the need for expansion of the
Fire Department.
The regular meeting was adjourned at 10:20 p.
(-t^—£—-
Kbnald R.Cone,Fiftance Director
tonald C.Covey,"Mayor
ATTEST;v
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE MOSES LAKE
POLICE FIRING RANGE FINAL PLAT
FINDINGS OF FACT,CONCLUSIONS,AND
DECISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A public meeting was held upon proper notice before the Commission on February 24,
2005.
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 the owner of the property.
2.2 The property is currently zoned Public.
2.3 The final plat conforms to the preliminary plat.
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 determine
approval of plats.
3.2 The plat is properly before the Commission for its determination.
3.3 It is proper at this time for the Planning Commission to make a determination on this plat.
3.4 It is in the best interests and welfare of the city's citizens to plat the property as 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 City of Moses Lake that the final plat be approved.
5.DECISION OF THE CITY COUNCIL.
The City Council of the City of Moses Lake approves the final plat.
Dated:May 10,2005
auuuj
Ronald C.Covey,Mayoj>^