2007 09 25u
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MOSES LAKE CITY COUNCIL
September 25,2007
Council Present:Ron Covey,Bill Ecret,Dick Deane,Richard Pearce,Brent Reese,Jon Lane,and
Jim Liebrecht
PLEDGE OFALLEGIANCE:Mayor Covey ledthe Council in the pledgeof allegiance.
MINUTES:Mr.Pearce moved that the minutes of the September 11,2007 meeting be approved,
seconded by Mr.Ecret, and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Action Taken:Mr.Ecret moved that the bills,checks,prepaid claims, and payroll issued be
approved,seconded by Mr.Pearce,and passed unanimously.
Vouchers audited and certified bythe Finance Director as required byRCW42.24.080,andthose
expense reimbursement claims,certified as required by RCW 42.24.090,have been recorded on
a listing which has been made available tothe Council for approval and is retained for public
inspection at city hall.
As of September 25,2007 the Council does approve for payment claims in the amount of
$255,147.35;prepaid claims in the amountsof $65,362.87 and$21,325.16;checks in the amount
of $2,300,142.20;and payroll inthe amount of $42,502.52.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Public Safety Interoperable Communications Grant:The Police Department requested permission //7j
to apply for a federal grantto replace mobileand portable radios.
Resolution -Accept Improvements -Field of Dreams Major Plat:Aresolution was presented which j/<2 &
accepts the municipal improvements constructedinassociationwiththe Field ofDreams Major Plat.
Resolution -Accept Improvements -Woodcrest Short Plat:A resolution was presented which //??(f
accepts the municipal improvements constructed in association with the Woodcrest Short Plat.
Resolution -Excessive Force -Block Grant:Aresolution was presented which protects indivduals [&£l
engaged in nonO-violent civil rights demonstrations.This resolution is a requirement of the )l(0(s
Community Development Block Grant the city received forthe water mains on Luta and Virginia
Streets.
Resolution -Grant Deed-Malaga Street:A resolution was presentedwhich grants adeed toSmart /OYO
Homes for the vacated right-of-way on Malaga Street.
Southaate Addition 4 Major Plat and Findings ofFact:Columbia Northwest Engineering,on behalf //£Lp
of United Builders submitted the final platfor Southgate Addition 4 MajorPlat.The 15 lotmajor plat
;>is located east of Division Street and at the end of Linden Avenue.The site is zoned R-1,SingleV-^Family Residential,and the Comprehensive Plan Land Use Designation is Low Density Residential
whichcorresponds with the existing zoning. The final plat has no significant changes from the
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CITY COUNCIL MINUTES September 25, 2007
preliminary plat.The Planning Commission recommended that the final platand Findings of Fact
be approved.
Action Taken:Mr.Ecret moved thatthe Consent Agenda be approved,seconded by Mr.Lane,and
passed unanimously.
COMMISSION APPOINTMENTS
AIRPORT COMMISSION
Mayor Covey informed the Council that Dave Chandler submitted his resignation from the Airport
Commission and requested confirmation ofthe appointment of Lew Mason to the Commission.
Action Taken:Mr.Deane moved that the appointment of Lew Mason to the Airport Commission
be confirmed,seconded by Mr.Liebrecht,and passed unanimously.
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
ANIMAL CONTROL -LARIOZ
Martin Larioz,1329 S.Lakeway Drive,requested that he be allowed to retain his four dogs even
though the ordinance only allows three dogs in a residential area.
Joseph K.Gavinski,City Manager,pointedout thatthe onlyway to allow Mr.Larioz to retain four
dogs is to amend the ordniance.
Mr.Larioz stated that all of his dogs requiremedications, two are disabled and unadoptable.His
dogsseldombarkandspend muchoftheirtime indoors.Herequestedsome consideration in order
to keep his dogs.
Mrs.Larioz mentioned thatthe dogs areoutside during the warm months between about 9 a.m. to
8 p.m.They areinsidethe house at night andcannotbe one barking at night.
Mr.Gavinski pointed outthatthe zoning regulations restrict the numberof household petstothree
dogs or cats or a combination of dogs and cats.
There was some discussion by the Council.
Action Taken:Mr.Ecret moved that staff be directed to amend the regulations to allow the keeping
of more than three animals if there is a person in the household that would be helped by the
additional pet,seconded by Mr.Pearce.
There was additional discussion by the Council.
The motion passed unanimously.
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CITY COUNCIL MINUTES September 25,2007
(^J FENCE VIOLATION -ISSACSON /£6>0
Lyle and Tiffany Issacson,8710 Jean,requested that the6'high fence in their front yard be allowed
to remain.
Gilbert Alvarado,Community Development Director,distributed pictures ofthe 6'high fence and
pointed outthat the city's regulations only allow a 4'high fence in the front yard.This area was
originally developed under county regulations and has since been annexed into the city.As a
result,there are pre-existing conditions thatdonotmeetcity code.However,anynewconstruction
must meet current city code.
Tiffany Isaacson,8710 Jean Road,submitted pictures ofvarious properties in the neighborhood.
She pointed outthat they built their fence to match the neighbor's 6'high fence.
There was some discussion and itwas pointed out that inorderto allow the 6'fence inthe front
yard,the ordinancewould have to be amended.
There was some discussion by the Council which did not feel that the ordinance should be
changed.Staffwas directed to inform the Isaacson's ofthe existing fence requirements.
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HOLIDAY -NUISANCE ABATEMENT -PUBLIC HEARING
A public hearing was scheduled before the Council for adue process hearing related to nuisance
enforcement for Anthony Holiday at 926 Juniper.
The attorneyfor Mr.Holiday requested a continuancetothe November 13 meeting.
Action Taken:Mr.Pearce moved that the public hearing on the Holiday nuisance abatement be
rescheduled for November 13,seconded by Mr.Ecret, and passed unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCE - AMEND 10.48 -AUTOMATED TRAFFIC ENFORCEMENT - 2nd READING
An ordinance was presented which increases the fine for running a red light from $101 to $112.
This will bring the fine into conformance with state law.
The ordinance amending Chapter 10.48 of the Moses Lake Municipal Code entitled "Automated
Traffic Enforcement"was read by title only.
Mr.Liebrecht was opposed to raising the fee simply because the city would be allowed to do so by
state law.
Richard Beeson,Moses Lake,wanted to now what percentage ofthe increase would be received
by the city.
Joseph K.Gavinski,City Manager,stated that the city would receive the total amount of the
increase.
Action Taken:Mr.Deane moved that the second reading ofthe ordinance be adopted,seconded
by Mr.Lane,and passed with Mr.Liebrecht opposed.
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CITY COUNCIL MINUTES September 25, 2007
/OSO ORDINANCE -FIELDING/MCDOWALL ANNEXATION -1st READING (|1
An ordinance was presented which annexes approximately 24 acres of property owned by Megan
Fielding and Neil McDowall located north of Maple Drive and west of Grape Drive.
The ordinance annexing propertycommonly known asthe Fielding/McDowall annexationto the City
of Moses Lake,Washington,and incorporating the same within the corporate limits of the City of
Moses Lake,and which provides for the assumption of existing indebtedness was read by title only.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by
Mr.Liebrecht,and passed unanimously.
IQP7 ORDINANCE -MARINA DRIVE VACATION - 1st READING
An ordinance was presented which vacates a portion ofthe right-of-way of Marina Drive located on
the westerly side of Lot 11,Parkhill-Scea Addition.
The ordinance vacating a portion of Marina Drive was read by title only.
Gilbert Alvarado,Community Development Director,stated thatthe ownerofthe adjacent property,
Carlos Dias,is planning to construct a building and needs the additional property.
There was some discussion by the Council.
Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by (T)
Mr.Lane,and passed unanimously.'
//(S/ORDINANCE - ADDRESSES ANDSTREET NAMES -SINGLE READING
An ordinance was presented which changes the name of Blue Heron Driveinthe newly annexed
Willow Crest Estates to Blue Jay Driveas there is already an existing Blue Heron Drivewithin the
city limits.
The ordinanceamending Chapter 12.32 ofthe Moses Lake Municipal Code entitled "Addresses and
Street Names"was read by title only.
Action Taken:Mr.Pearce moved that an emergency be declared and the ordinance be adopted
on a single reading,seconded by Mr.Ecret, and passed unanimously.
i&ORDINANCE -RESIDENTIAL VEHICLE STORAGE - 1st READING
An ordinance was presented which amends the residential vehicle storage regulations to define
vacant land and to allowone enclosed utility or cargo type trailer on the driveway in front of a
garage orhouse with dimensionsof no morethan 6'wideby 126'long.
The ordinance amending Chapter 8.50ofthe Moses Lake Municipal Code entitled "Residential
Vehicle Storage"was read by title only.
Joseph K.Gavinski,City Manager,explained the proposed changes to the regulations./~^
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CITY COUNCIL MINUTES September 25,2007
1)There wassome discussion bythe Council.
Richard Beeson,Moses Lake, pointed out several errors inthe ordinance.
It was pointed out that the errors would be corrected prior tothe second reading oftheordinance.
ActionTaken:Mr.Pearce moved that the size of the trailer be changed to 8'x 16',the errors be
corrected,and the first reading ofthe ordinance be adopted,seconded by Mr.Reese,and passed
unanimously.
ORDINANCE -VACATE JUNIPER DRIVE -1st READING /0^y
An ordinance was presented which provides for the vacation of that portion of Juniper Drive
adjacentto the Wenatchee Valley Clinic.
ActionTaken:Mr.Pearce moved that this item be removed from the table,seconded by Mr.Lane,
and passed unanimously.
The ordinancevacatinga portion of JuniperDrive was readby title only.
Gilbert Alvarado,Community Development Director,statedthatthe traffic counts requested bythe
Council have been completed.Sincea public hearing has already been held on the proposed
vacation of Juniper Drive,no individual noticeswere provided tothe neighboring residents.
I )Cora Gill,Juniper Drive,was opposed toa private company being able to purchase a portion ofa
^-^city street when it will inconvenience the neighboring property owners.She also felt that in the
future the Wenatchee Valley Clinic may outgrowits present location.
ActionTaken:Mr.Deane moved that action be tabled untilthe neighbors have been notifiedofthis
proposed vacation,seconded by Mr.Lane, and passed unanimously.
REQUEST TO CALL FOR BIDS -NOne
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
UGA COVENANT
A Covenant as to Improvements for use in the city's Urban Growth Area was presented.The
covenant addresses city improvements in developments in the Urban Growth Area.
Action Taken:Mr.Liebrecht moved that this item be removed from the table,seconded by Mr.
Reese,and passed unanimously.
Jim Whitaker,City Attorney,explained the purposeofthecovenantform,which requires developers
to eventually comply with the city's development requirements.
There was some discussion by the Council.
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CITY COUNCIL MINUTES September 25, 2007
Action Taken:Mr.Reese moved that the new Covenant as to Improvements form be adopted,
seconded by Mr.Liebrecht,and passed unanimously.<P
/OSjf ANNEXATION -COLUMBIA BASIN INVESTMENT GROUP.LLC
Columbia Basin Investment Group,LLC submitted a Notice of Intent to Commence Annexation
Proceedings for approximately 749 acres located south of 1-90 and east of Potato Hill Road.
Action Taken:Mr.Deane moved that the Notice of Intent be receipted and that it be forwarded to
the Planning Commission,seconded by Mr.Pearce,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
Il9l RESIDENTIAL VEHICLE STORAGE
Richard Beeson,Moses Lake,stated that 8.50.040C does not permit boat trailers to be parked in
the front yard. He felt that since Moses Lake is attempting to become a water sports capital,that
citizens should be allowed to park their boats and/or boat trailers on their driveways.
Joseph K.Gavinski,City Manager,stated thatthe proposed amendmentsto Chapter 8.50 willallow
the parking of boats and/or boat trailers in driveways.
COUNCIL QUESTIONS AND COMMENTS
y/</7 INFORMATIONAL NEWSLETTER/FLYER (O)
Mr.Deane felt the city should produce an informational newsletter in order to keep the citizens
informed ofwhat is happening with their city government.
Joseph K.Gavinski, City Manager,stated that putting together a newsletteris very time consuming
and there is a cost to it.
Mayor Covey feltthat a flyer such as the PUDdistributes would be effective but the projectwould
need some discussion due to staffing issues.
CITY MANAGER REPORTS AND COMMENTS
l°%EQUIPMENT RENTAL -EMPLOYEE
Joseph K.Gavinski,City Manager,stated thatthe Municipal Services Director has requested an
additional employee in the Equipment Rental Division in orderto maintain the city'sincreasedfleet
and other equipment.
There was some discussion.
Action Taken:Mr.Dean moved that an additional employee in the Equipment Rental Division be
authorized,seconded by Mr.Pearce, and passed with Mr.Liebrecht opposed as he felt the new
employee should notbe hired until the position is included in the 2008 budget.
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CITY COUNCIL MINUTES September 25,2007
INVESTMENT REPORT
The city received $61,293.35 in investmentincomeforAugust2007.
The regular meeting was adjourned at 10 p.m.and the Council met in an executive session to
discuss realestate acquisition.Theexecutive session was adjourned at 10:20 p.m.andthe regular
session was reconvened.The regular session was adjourned at 10:20 p.m.
ATTEST:Ronald C.Covey,Mayor
^Ronald"R.Cone,Finance Director
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