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2008 05 276708 MOSES LAKE CITY COUNCILi^J May 27,2008 Council Present:Ron Covey,Richard Pearce,Bill Ecret, Dick Deane,Brent Reese,Jon Lane, and Jim Liebrecht PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the pledge of allegiance. MINUTES:Mr.Pearce moved that the minutes ofthe May 6,2008 meeting be approved,seconded by Mr.Lane,and passed unanimously. Mr.Reese moved that the minutes of the May 13 meeting be approved,seconded by Mr.Deane, and passed unanimously. APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL 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 listing which has been made available to the Council for approval and is retained for public inspection at city hall. As of May 27, 2008the Council does approve for paymentclaimsinthe amount of $179,889.62; prepaid claims in the amounts of $7,671.90 and $137,382.42;claim checks in the amount of $1,180,678.68;and payroll inthe amount of $49,779.60. (J Action Taken:Mr.Reese moved that the bills,checks,prepaid claims,and payroll issued be approved,seconded by Mr.Pearce, and passed unanimously. PRESENTATIONS AND AWARDS Fire Department: Todd Pyper, Paramedic, Todd Eldred,EMT,Jim Stucky,FF/EMT,and Troy Hesse,FF/EMT were introduced to the Council. CONSENT AGENDA Resolution - Abandon Easement -Dorsina First Short Plat-Severens:A resolutionwas presented /0/3 which abandons the 5'easement on the interior lot lines common to Lots 1 and 2,Block 2,Dorsing First Short Plat. Resolution - Abandon Easement - Lakeland Addition Division IV -Miner:A resolution was /0/3 presented which abandons the 5'easement onthe north sideof Lakeland Addition Division IV, Block 2, Lot 3,1338 E.June Drive. Resolution -Grant Easement -PUD:Aresolution was presented which grants an easement to the /0/3 PUD for electric, telecommunication, and other services along Peninsula Drive adjacent to the Lower Peninsula Park. Sunburst Multi-Family Final Major Plat and Findings of Fact:Cascade Construction of SW //£(? Washington submitted an application for a 14-lot final plat.The 3.79-acre plat is located east of I J Grape Drive and north of Sunburst Court.The area is a planned development district.However, ^~*^when the plat is recorded the zoning will revert to the underlying zone of R-3,Multi-family Residential,which correspondstothe Comprehensive Plan Land Use Designation of High Density Residential.The final plat has twofewerlotsthanthe preliminary plat,andthere have been some 6709 CITY COUNCIL MINUTES May 27,2008 minoradjustments to lotlines within the plat.The Planning Commission recommended that the final platand Findings of Fact be approved. Action Taken:Mr.Deane moved that the Consent Agenda be approved,seconded by Mr. Liebrecht,and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES /0/7 ROTARY TRIM MOWER The cityreceivedone bid for the RotaryTrim Mower from Evergreen Implementwhichcontained two irregularities.Staff recommended thatthe irregularities be waived and the bidbe awardedto Evergreen Implement. Action Taken:Mr.Reese moved that the irregularities be waived and the bid be awarded to Evergreen Implement,seconded by Mr.Ecret, and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS /O&f ORDINANCE -REC SILICON II -ANNEXATION -2nd READING/PUBLIC HEARING An ordinance was presented which provides forthe annexation and zoning of the propertyowned by REC Silicon adjacent to Road N. The ordinance annexing property commonly known as the REC Solar Grade Silicon II annexation to the City of Moses Lake,Washington,and incorporatingthe same withinthe corporate limits of the City of Moses Lake was read by title only. Gilbert Alvarado,Community Development Director,pointed out that the construction of the site was started under county jurisdictionand is not germane to the annexation of the property. The public hearing was opened. Neil McDowell,4502 N.Grape Drive,ownerof property adjacent to REC,stated that the county had indicated there would be a 95 acre buffer zone and that is not shown anywhere.He felt that there needs to be additional research on what processes and chemicals are being used at REC Solar Grade Silicon and their impact on the environment. Megan Fielding,13952 Road 4 NE, distributed a listofthe chemicals currently being used at REC Solar Grade Silicon which could cause health problems.She felt that because of the toxic chemicals that there should be a larger buffer zone and that the process should be further investigated. Bonnie Stepner,13696 Road 4 NE,stated that because of the releases from REC she is unable to sell her home.She mentioned that the traffic has become very heavy and dangerous on Road 4.She felt further investigations were needed to assess the impact of REC on the area. Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Lane,and passed unanimously. O O o 6710 CITY COUNCIL MINUTES May 27, 2008 \^J There was some discussion by the Council and it was pointed out the necessary permits were obtained from the state and federal agencies and the time to challenge the environmental review has passed. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.Ecret, and passed unanimously. REQUEST TO CLOSE STREET -TSUNAMI SUSHI Duane Lind,Tsunami Sushi,requested the closure of Third Avenue from Division Street to Ash Street on July 19,2008 from 8 p.m. to 11 p.m. for a customer appreciation Elvis concert. There was somediscussion by the Council and it was pointed outthat there is a concert inthe park on this same date and also that additional information was needed including crowd and liquor control. Staffwas directed to investigate the request and report back to the Council. REQUEST FOR WATER -VERESKO VitalyVeresko,ownerof Lot 11,Lincoln Plat,9127 Space Street,requested permissionto connect to city sewer. U Gary G.Harer,Municipal Services Director,stated that there is sufficient capacity to handle the sewer. Action Taken:Mr.Deane moved that the request be granted with the stipulation that an Extra Territorial Utility Agreement be required,seconded by Mr.Lane, and passed unanimously. REQUEST FOR COMFORT DOGS -JOHNSON Debra Johnson,261 KnollsVista Drive,requested she be allowed to keep four adult dogs and one puppyat 261 W.Knolls Vista Drive.The dogs belongto various persons residing atthe location. There was some discussion by the Council.It was pointed out that three adult dogs are the maximum allowed at one residence except for one additional dog if there is a disabled or legally blind person living inthe home.It was pointed outthat Ms.Johnson is notthe homeowner. The Council felt that the homeowner should be making the request.It was also pointed out that only one comfortdog would be allowed underthe existing regulations,so atthe most four dogs could be allowed. The Council feltthat since Theodore Simpson is the home owner, the request formore than three animals inthe home should be presented by him inthe future if he wishes to pursue the issue. SHARED PARKING -LIONS FIELD //3~A j/(*(/ )02b iIIITheMosesLakeSchoolDistrictrequestedauthorizationtoutilizeoff-street parking owned bythe <7^L( City ofMosesLakeas part of their Lions Field Complex remodel.The remodel requires additional ' {^_J parking that is not available on site.The zoning code allows for off-street parking to be shared as long as the level ofservice for the uses utilizing the sharedoff-streetparking isnot diminished. 110$ I/O* 6711 CITY COUNCIL MINUTES May 27,2008 Gilbert Alvarado,CommunityDevelopment Director,stated thatstaff has been discussing the off- street parking situation with the School District for some time in light oftheirremodel of Lions Field. He mentioned that the School Districtalso has an agreementwith Church of Jesus Christ of Latter Day Saints for shared use of their parking facilities. There was some discussion by the Council. P. J.DeBenedetti,Moses Lake School District,stated that the District would like to be able to use the city's parking lot,which is needed to facilitate the remodel of Lions Field. Action Taken:Mr.Ecret moved that the request for shared parking be granted,seconded by Mr. Liebrecht,and passed unanimously. CONCESSION -BLUE HERON PARK -ADVANTAGE INDUSTRY Fred Stevens,Advantage Industry,requested a concessionaire's license to rent a variety of watercraft from Blue Heron Park,includingjet powered surfboards,canoes,kayaks,jet skies,and other water craft.The Parks and Recreation Commission recommended that the request be granted. Mr.Stevens showed a video of the Powerski Jetboards in action. Dr.Stewart O'Byrne, Advantage Industry,explained about the equipment and mentioned they would like to make Moses Lake the number one spot for powerski rentals in the world. He stated that they would use an RV as an office at Blue Heron Parkwithan outside area forthe equipment that would be rented. He mentioned that an open housewill be held on June 14 and 15 at Connelly Park to show the equipment. There was some discussion about the location of the proposed office.Since the office would be portable, it can be located in a mutually agreeable spot and in various parks in association with water oriented activities. Action Taken:Mr.Reese moved that staff be directed to draft a license with Advantage Industries, LLC forthe use of the city's parks,seconded by Mr.Ecret, and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -CITY SEAL AND LOGOS - 2nd READING An ordinance was presented which amends Chapter 1.16,City Seal and Logos,by including the recently developed logo as the form of the officialCity of Moses Lake business logo. The ordinance amending Chapter 1.16 of the Moses Lake Municipal Code entitled "City Seal and Logos"was read by title only. Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. ORDINANCE -WATER REGULATIONS -2nd READING (^) Ordinances were presented which amend Chapters 13.04,Sewer Regulations,13.07,Water Regulations,17.25,Binding Site Plan,and 18.67,Planned Development District Zone,to allow r> o 6712 CITY COUNCIL MINUTES May 27,2008 Lj water and sewer service lines to be connected to private mains in binding site plans,planned development districts,and commercialand industrial development. The ordinance amending Chapter 13.04 of the Moses Lake Municipal Code entitled "Sewer Regulations" was read by title only. Action Taken:Mr.Pearcemoved thatthe second reading ofthe ordinance be adopted, seconded by Mr.Reese,and passed unanimously. The ordinance amending Chapter 13.07 of the Moses Lake Municipal Code entitled "Water Regulations"was read by titleonly. ActionTaken:Mr.Ecretmoved that the second reading of the ordinancebe adopted, seconded by Mr.Lane, and passed unanimously. The ordinance amending Chapter 17.25 ofthe Moses Lake Municipal Codeentitled "Binding Site Plan"was read by title only. ActionTaken:Mr.Lane moved thatthe second readingof the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. The ordinance amending Chapter 18.67 of the Moses Lake Municipal Code entitled "Planned Development District Zone"was read by title only. ^J Action Taken:Mr.Deane moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht, and passed unanimously. ORDINANCE -VEHICLE AND EQUIPMENT SALES -1st READING An ordinance was presented which prohibits anyone from selling cars,trucks,boats,RVs,etc. on property not owned by them. The ordinance creating Chapter 8.58 of the Moses Lake Municipal Code entitled "Vehicle and Equipment Sales"was read by title only. Joseph K.Gavinski,City Manager,suggested that additional language may be needed to address long term leases of permanent auto sales lots. Brian Foust,I-90 Auto Group Toyota,stated that he was concerned with the auto dealers who come in for a week end and tell their customers that the local dealerships will fix their cars at no cost to the customer.He pointed out that the financing provided is also over priced through these transient events. Rich Childress,C &V Auto,stated that the transient sales events are high pressure events and create problems that they do not resolve and they do not take care of their customers. u There was considerable discussion by the Council concerning the impact of the prohibition of weekend auto sales events and that there should be some provision for off-site sales events. Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by Mr.Liebrecht. //£? )0$1 6713 CITY COUNCIL MINUTES May 27, 2008 There was additional discussion by the Council. Action Taken:Mr.Lane moved that the first reading ofthe ordinance be tabled,seconded by Mr. Deane,and passed with Mr.Lane,Mr.Deane,Mr.Ecret,and Mr.Pearce in favor and Mr.Reese, Mr.Liebrecht,and Mayor Covey opposed. ORDINANCE -VACATE BLANCHET AND PAXSON -1st READING An ordinance was presented which vacates a portion of Blanchet Avenue and Paxson Drive. An ordinance repealing Ordinance No.1954 and vacating a portion of Blanchet Avenue and Paxson Drive was read by title only. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. jO^(p RESOLUTION -ACCEPT DONATION -SPECIAL OLYMPIANS A resolution was presented which accepts $804.55 from the Special Olympians.The funds are to be used for the Special Olympics Program. The resolution accepting cash donations of $804.55 from Special Olympians and Friends was read by title only. ActionTaken:Mr.Deane moved thatthe resolution be adopted,seconded by Mr.Lane,and passed unanimously. REQUEST TO CALL FOR BIDS /Orf/)2008 SEAL COAT PROJECT Staff requested authorization to call for bids for the 2008 Seal Coat Project.This project includes chipsealing approximately 170,000squareyardswith 3/8"chips,chipsealingapproximately 35,000 squareyards with 1/2"chips,and fog sealing approximately 170,000 square yards onstreets within the Wheeler corridorand the Lakeview area. Additive 1 provides for an additional 26,000 square yards ofstreetsto be covered with a 3/8"chip seal followed bya fog seal. Action Taken:Mr.Reese moved that staffbe authorized to callforbids,seconded by Mr.Lane, and passed unanimously. REFERRALS FROM COMMISSIONS /Of/ORDINANCE -FENCES -1st READING Anordinance was presented which amendsthefence regulations toallow afence along awalkway, pedestrian path,or activity trail tobea solid type for nomore than 4'in height as measured from the top ofthe walkway,pedestrian path,oractivity trail.The fence can be 6'in height provided it is see through fencing or6'in height provided the top 2'is open.The Planning Commission recommended that the ordinance be adopted. The ordinance amending Chapter 18.20 ofthe Moses Lake Municipal Code entitled "Residential Zones"was read by title only. r> o o 6714 CITY COUNCIL MINUTES May 27,2008 {^J Gilbert Alvarado,Community Development Director,stated that fence issue was brought to staff's attention bythe requestofahome ownerwishing toconstructa 6'highsolid fence along awalkway into Hayden Park.He mentioned that other residents adjacent to the park have installed solid fences without getting permits. Sally Sharp,1106 St.Helens Drive,stated that they would like to install their fence as soon as possible. It was pointed outthatthe ordinance will notbecome effective until afterthe second reading and if the fence should be erected immediately itwould be at the risk of the home owner. ActionTaken:Mr.Ecret moved that the first readingof the ordinance be adopted,seconded by Mr. Lane, and passed unanimously. ORDINANCE -AMEND LIGHT INDUSTRIAL ZONE -1st READING /OSc/ Travis Bass,on behalf of Toshi Owa,submitted a request to amend the Light Industrial Zone to allow commercial useswithin 1,000'ofWheeler Road.Mr.Owa owns the Moses Lake Trailer Park, which is a non-conforming use, at 1505 Wheeler Road.Mr.Owa wishes to convert his non conforming use toa recreational vehicle park.A recreational vehicle park isa prohibited use in the industrial zone and a conditional use in the commercial zone.Staff felt that it would be more appropriate to request a zone change for the property,whichwouldalso require an amendment to the Comprehensive Plan. \^_J The ordinance amending Chapter 18.40 of the Moses lake Municipal Code entitled "Industrial Zones"was read by title only. Gilbert Alvarado,Community Development Director,stated that Mr.Owa was unable to make the meeting and requested that the issue be tabled until he can attend. No action was taken by the Council. ORDINANCE -TEMPORARY SIGNS -1st READING At the request of the City Council,the staff and Planning Commission considered the regulations dealing with temporary signs and recommended changes to the ordinance. The ordinance amending Chapter 18.58 ofthe Moses Lake Municipal Code entitled "Signs"was read by title only. Gilbert Alvarado,Community Development Director,stated that staff surveyed the city and contacted those business which were not in compliance with the existing sign regulations.Staff then determined what changes were needed to accomplish what the Council and Commission wished. There was some discussion by the Council and it was requested that lettering on the signs be addressed. ^)Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. /OS/ 6715 CITY COUNCIL MINUTES May27,2008 OTHER ITEMS FOR COUNCIL CONSIDERATION jO^Le MUNICIPAL SERVICES -PERSONNEL At the Council/staff retreat the Municipal Services Director requested a Building Maintenance Foreman. Joseph K.Gavinski,City Manager,stated that with the increase in the number of buildings there is a need for an additional employee in the Building Maintenance Division. Action Taken:Mr.Deane moved that the request for an additional employee in the Building Maintenance Division be granted,seconded by Mr.Ecret,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS |Q09 COUNCIL IN THE PARK There was some discussion and June 21 was set for the Council to be at the Civic Center Park from 9 a.m.to 12 noon. jj^i AGCCT MEETING The AGCCT meeting is in Ephrata on Thursday,May 29,2008. STUDY SESSION -HEARING EXAMINER Astudy session was set for6 p.m. on June 10 with the Planning Commission to discuss its role when and ifthe duties of the Hearing Examiner are expanded. CITY MANAGER REPORTS AND COMMENTS /OOO AQUATIC CENTER/SURF AND SLIDE Joseph K.Gavinski,City Manager,statedthatthe rededication ofthe Family Aquatic Center,tobe renamed Surf and Slide,is scheduled for June 14,2008 at 10:30 a.m. The regular meeting was adjourned at 10:40 p.m. Ronald~C.Covey, ATTEST: ^Ronald R.Cone,Finance Director r> "