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2008 08 12^J u 6743 MOSES LAKE CITY COUNCIL August 12,2008 Council Present: Ron Covey, Richard Pearce,Bill Ecret, Brent Reese,Jon Lane, DickDeane, and Jim Liebrecht PLEDGE OF ALLEGIANCE: Mayor Covey led the Council in the pledge of allegiance. MINUTES:Mr.Ecret moved that the minutes of the July 22,2008 meeting be approved,seconded by Mr.Reese,and passed unanimously. APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL Vouchers audited and certifiedbythe Finance Director as requiredby RCW 42.24.080, and those expense reimbursement claims,certified as required byRCW42.24.090,have been recorded on a listing which has been made available to the Council for approval and is retained for public inspection at city hall. As of August 12, 2008 the Council does approve for payment claims in the amount of $2,156,8781.93;prepaid claims in the amounts of $53,737.99,$264,544.49,$4,248.49,and $73,586.80;claim checks in the amount of $2,091,121.17; and payroll in the amounts of $79,772.12,$2,515.82,and $81,126.00. Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be approved,seconded by Mr.Liebrecht,and passed unanimously. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Resolution -Accept Easements -Walareens:A resolution was presented which accepts /®^ easements fromSEG Alder,LLC formunicipal improvements along Stratford Road inconnection with the construction ofWalgreens. Resolution -Accept Manhole -Pioneer Commercial Park 2nd Addition Short Plat Commercial /4?£> Binding Site Plan:A resolution was presentedwhichaccepts manholeimprovementsconstructed as part ofthe Pioneer Commercial Park 2nd Addition Short Plat Commercial Binding Site Plan on Clover Drive. Resolution -Abandon Easement -Bluff West:Aresolution was presented which abandons the 5'S&'O easement along the southandeast lines of Lot 12,Block 2,Bluff West Major Plat. Resolution -Abandon Easement -Sunburst Court: A resolution was presented which abandons /O /J the easement on the east side of Grape Drive and lying within LeDawn Loopand Sunburst Court in Park Orchard Tracts 25 and 26. Leah Maior Preliminary Plat and Findings of Fact: Keith Kofoed submitted an application to subdivide5 acres into16 lotsinthe R-1,Single Family Residential,Zone,located south of June Drive and Greens Loop.The Planning Commission recommended thatthe requestto deferthe installation ofthe street frontage landscaping to correspond with the issuanceof building permitsI)for each lot be granted and the deferral of the requirement to construct acul-de-sac at the end of — June Drive for a period of five toseven years be denied.The Planning Commission recommended that the preliminary plat be approved with conditions.The Findings of Fact were also presented for approval. r-s <J? 6744 CITY COUNCIL MINUTES August12,2008 Action Taken:Mr.Ecret moved that the Consent Agenda be approved,seconded by Mr.Lane,and ([) passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS )Orf VISION 2020-ALLEYS Vision 2020 requested the continuation of the infrastructure improvements inthe downtown area by upgrading the alleys with the undergrounding of all utilities,providing permanent garbage locations with enclosures,additional lighting, and paving. Lee Blackwell,representingVision2020,statedthatthey areinterestedinupgrading the alleysand that itwould require a partnership between the city,PUD,Northland Cable, Qwest, and Cascade Natural Gas. Vision 2020 requested the city to take the lead on this project. There was some discussion by the Council concerning the project and the cost. Joseph K.Gavinski,City Manager,stated thatthis project has been discussed inthe past butthe issue iscomplicated because ofthe undergrounding of all the utilities,reconstructing the alley,and the participation ofthe property owners and utilities involved. Ralph Kincaid,Vision 2020, stated that the downtown is looking wonderfuland the alleys are the next step inmaking Moses Lake a pleasant placeto visit. The next step will be to determine the cost of the proposed improvement and forthat a lead agency is needed. Action Taken:Mr.Pearce moved that the city take the lead on improving the alleys in the downtown area and in finding a way to initiate the project,seconded by Mr.Ecret, and passed unanimously. /OJ3 DOGS -TEMPLE o Rebecca Temple,requested that she be allowed to keep four dogs as she feels they provide comfort to her and her family. James A.Whitaker,City Attorney,stated that a residence cannot keep more than three pets over four months except that a person who is legally blind and/or physically disabled may request permission to keep a comfort dog. A comfort dog provides significantcomfort and companionship to the blind and/or disabled person. Gilbert Alvarado,Community Development Director,stated that staff originally contacted the owners of the property about a damaged vehicle on site.During visits to the property concerning the vehicle,it was discovered that there were four dogs on site. Mr.and Mrs.Temple requested they be allowed to keep the four dogs as they provide comfort and ^^^ companionship even though neither of the owners are blind or physically disabled.(T) No action was taken by the Council. 6745 CITY COUNCIL MINUTES August 12,2008 [^ORDINANCES AND RESOLUTIONS ORDINANCE - AMEND 16.52 -INSTALLATION AND MAINTENANCE OF AUTOMATIC FIRE /D EXTINGUISHING SYSTEMS - 2nd READING An ordinance was presented which brings Chapter 16.52,Installation and Maintenance of Automatic Fire Extinguishing Systems,intocompliancewiththe recentlyadopted International Fire Code. The ordinance amending Chapter 16.52 of the Moses Lake Municipal Code entitled "Installation and Maintenance of Automatic Fire Extinguishing Systems"was read by title only. Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht, and passed unanimously. ORDINANCE -AMEND 18.20 -RESIDENTIAL ZONES - 2nd READING An ordinancewas presented which amends the residential zones to allow buildings to a heightof 40'inthe R-3zone and allows larger detached structureswith a corresponding increaseinlotsize and setbacks. The ordinanceamending Chapter18.20of the Moses Lake Municipal Code entitled "Residential Zones"was read by title only. (s )There was some discussion concerning the need and desire of the developers for a higher structure. ActionTaken:Mr.Pearce moved thatthe second readingofthe ordinance be adopted,seconded by Mr.Lane, and passed unanimously. ORDINANCE -MARINA DRIVE VACATION - 2nd READING Carlos Dias submitted a petition for the vacation ofan additional 5'of right-of-way on Marina Drive adjacent to Lot 11,Parkhill-Scea Addition. The ordinance vacating a portion of Marina Drive was read by titleonly. ActionTaken:Mr.Deane moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. ORDINANCE -AMEND 12.40 - STREET CONSTRUCTION OR IMPROVEMENT //fry REIMBURSEMENT CHARGES -1ST READING Anordinancewas presentedwhichestablishes the reimbursementcharges for the improvements at Ninth Avenue and Garden Drive. u The ordinance amending Chapter 12.40 of the Moses Lake Municipal Code entitled "Street Construction or Improvement Reimbursement Charges"was readby title only. ActionTaken:Mr.Ecretmoved that the first reading of the ordinancebe adopted,seconded by Mr.Lane, and passed unanimously. '3C <r-£j/OS /Of 7 6746 CITY COUNCIL MINUTES .August 12,2008 j0$h ORDINANCE -AMEND 2.46 -TOURISM COMMISSION -1st READING (\) An ordinance was presented which amends the Tourism Commission to allow a person who manages a business within the cityto be appointed to the Tourism Commission. The ordinance amending Chapter 2.46 of the Moses Lake Municipal Code entitled "Tourism Commission"was read by title only. Joseph K.Gavinski,City Manager,explained thatoriginally onlypersonswhoreside,own property oroperate a business within the city were allowed to serve onthe Tourism Commission. There was some discussion bythe Council onthe boardsand commissions that have persons who do not reside inside the city limits. ActionTaken:Mr.Pearce moved that the first readingof the ordinance be adopted,seconded by Mr.Reese. Mr.Liebrecht was opposed to appointing persons outside the city's limits to city boards and commissions. The motion passed with Mr.Liebrecht opposed. /OS?ANNEXATION -CARROLL ANNEXATION -1st READING The city received a request for the annexation of approximately 20 acresof property owned by (]) Patrick Carroll located south of the proposed Lakes Manufactured Home Park at the end of Hamilton Road. The ordinance annexing propertycommonly known as the Pat Carroll annexation to the Cityof Moses Lake, Washington, and incorporating the same within the corporate limits of the Cityof Moses Lake was read by title only. Gilbert Alvarado,Community Development Director,explained the annexation request.He mentioned that the property will have a split zone with the north half of the property zoned R-3, Multi-family Residential, and the south halfof the property zoned R-1,Single FamilyResidential. There was some discussion by the Council on the access through the area. Action Taken:Mr.Deane moved that the first reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. /QS3 RESOLUTION -FAIR HOUSING POLICY A resolution was presented which establishes a fairhousing policy.The policyis a requirement of the grant awarded to the city for the water line on Luta and Virginia Streets. The resolution establishing a fair housing policy was read by title only. Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Ecret,and (T) passed unanimously. 6747 CITYCOUNCIL MINUTES August12,2008 i^J REQUEST TO CALL FOR BIDS 2008 DIVISION STREET SIDEWALK PROJECT Staff requested authorization to call for bids for the 2008 Division Street Sidewalk Project.This project consists of placing concrete in the planter area on the east side of Division Street from Seventh Avenue to Hill Street to create an activity trail. Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Lane, and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION 2009 PENINSULA/LAKESHORE RECONSTRUCTION PROJECT Staff requested authorization to call inthe covenants alongthe Peninsula Drive and Lakeshore Drive Reconstruction Project planned for2009. This will give the affected property owners time to plan for the paymentof the improvements adjacentto their property.Anevening meeting will be scheduled to explain the project to the affected property owners. There was some discussion by the Council. i)Action Taken:Mr.Ecret moved that staff be authorized to call jn the covenants on Peninsula and Lakeshore Drives,seconded by Mr.Lane, and passed unanimously. REQUEST FOR CITY UTILITIES -CASTLE FARMS ENTERPRISES Castle Farms Enterprises requested permission to connect their property located on Randolph Road to city water. ActionTaken:Mr.Deane moved that the request be granted,seconded by Mr.Lane, and passed unanimously. DRIVEWAY STANDARDS -MCDONALDS McDonalds requested a deviation tothe driveway standards in orderto relocate the north driveway eleven feet to the south during the construction of the new building on Stratford Road. ActionTaken:Mr.Pearce moved thatthe request be granted,seconded by Mr.Reese,and passed unanimously. SKILLSOURCE SITE PLAN -APPEAL SkillSource appealed the decision ofthe Planning Commission todeny their requestto alter their approved site plan inorderto place a used modular building on the site rather than construct a stick-built building as shown on the approved site plan.The modular building would serve as (J storage space. Mayor Covey stated thatthisisa closed record appealand explained the process. M/J /O/? '/J <<* //6>6> //9a /O&cA 6748 CITY COUNCIL MINUTES August 12,2008 Amy Vira,representing SkillSource,stated that Mr.Petersen from SkillSource presented pictures fj 1 at the Planning Commission hearing showing how the modular buildingwould be painted to blend with the existing building.The appeal was made because it is their belief that the Planning Commission exceed their authority by denying the request to place a modular building at the proposed site.She pointedoutthatthe Planning Commission did not find thatthe application from SkillSource was not in compliance with the codes but instead found itwas not consistent with the Comprehensive Plan and found that the proposed building was not attractive, compatible, complementary, and not a positive rolemodel forother developers.Those findings are not land uses on which an application can be denied.She requested that the denial be reversed and the application be approved. Billie Jo Stoutzenberger,Assistant Planner, stated that the original site plan proposed an office building so the request to place a modular unit is a major amendment under the Moses Lake Municipal Code. The modular building is 2,000 square feet and the proposed office building was over 20,000 square feet.The Community Image and Design Goalout of the Comprehensive Plan states that the city's identity and livability will be strengthened through design and enhancement of buildings. Community Image and Design Policy 96 states that publicbuildingsshould serve as role models of superiordesign and qualityand fulfill theirroleas a community gathering area.The existing SkillSource building is very well designed with architectural features. The Planning Commission feltthe modular building would negatively impact the downtown improvements.She pointedoutthatthe modularbuilding was proposed as atemporary building buthistoryhas shown thattemporary buildings have a tendency to become permanent. The final determination from the Planning Commission indicated that the modular building is a storage building,was not architecturally designed,did not match the existing building,that it would become permanent,and ^. is incompatible with surrounding buildings and uses.(\) Ms.Vira stated that a portion of the building will be used foroffice space as well as storage.She pointedout thatWashington courts do notallowgeneral guidelines inthe Comprehensive Planto bethe basis of denial of individual projects.The goals and policies of the Comprehensive Planare used to develop ordinances and regulations forthe development of the community.. Mayor Covey stated that the Council will discuss this appeal inan executive session at the end of the meeting. /Q2Q NUMERICA CREDIT UNION - SIGN Numerica Credit Union requested permission to replace the sign at 800 Stratford Road.The sign will encroach into the city's right-of-way by 2'7" and the existing base,bumper pipes,and pipe are in the utility easement. Billie Jo Stoutzenberger,Assistant Planner,stated that there has been a sign at this location for over 20 years. Action Taken:Mr.Ecret moved that the request be granted,seconded by Mr.Liebrecht, and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None (~*\ 6749 CITY COUNCIL MINUTES August 12,2008 [^J CITY MANAGER REPORTS AND COMMENTS MAYOR/COUNCIL STIPENDS Joseph K.Gavinski,City Manger,stated thatthe stipends for the Mayor and Council are to be reviewed every even year between June and December.He mentioned that there is no data availableon the provision of health care benefits to Mayor or Council members It was the consensus of the Council that the stipend issued be discussed at the next meeting. LIBRARY Joseph K.Gavinski,City Manager,statedthatthestaffhasdetermined thatthe installation ofa lift at the library will cost about $70,000and improvementsto the ground floor bathrooms will cost about $45,000. Hementioned thatthe library was constructed as a fall out shelter so gettinga lift from the basement tothe ground floor requires thata holebe punched through the roofofthe fall out shelter.Since the roof is quite thick, itwill cost extra to cut the hole. Itwas the consensus of the Council that staff continue researching the project. INVESTMENT REPORT The city received $54,203.66 in investment income forJuly 2008. [^J SALES TAX/TRANSIENT RENTAL INCOME The cityreceived $522,411.98 insales taxand $64,873.16in transientrental incomeinJuly2008.//-5V PROJECT REPORT Gilbert Alvarado,Community Development Director,distributed a reporton the projects currently under construction. RESOLUTION -WELL 17 REPAIR Joseph K.Gavinski,CityManager,stated thatWell 17 inthe Wheeler Road Corridor was damaged by fire and cannot operate until repairsare made. There is only one other well inthe area that supplies water to the industries in the Wheeler Road Corridor.Should that well go down, the impactwould be catastrophic. Staff is requesting the Council declare an emergency and waiver the requirement to go to bid forthe repairs. The resolutiondeclaringan emergency and waivingthe statutory biddingrequirements due to the emergency was read by title only. Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. The regular meetingwas recessed at9:45p.m.andthe Council met inexecutive session todiscuss t J the appeal from SkillSource,labor relations,and the purchase of property. The executive session was adjourned at 10:15 p.m. and the regular meeting was reconvened. /Od? //T7 /DD3 •/s£& ;03$ /oyf 6750 CITY COUNCIL MINUTES August 12,2008 SKILLSOURCE APPEAL Action Taken:Mr.Pearce moved that the any decision on the SkillSource Appeal be continued to the August 26 meeting when a draft document will be presented,seconded by Mr.Liebrecht,and passed unanimously. The regular meeting was adjourned at 10:15 p.m. ATTEST: Ronald C. Covey,Mayqr Ronald R.Cone,Finance Director P r ^