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2000 03 145587 MOSES LAKE CITY COUNCIL March 14,2000 Council Present: Richard Pearce, Lee Blackwell, Chris Blessing,Larry Tracy, Tom Porter and Wayne Rimple Absent:Ron Covey MINUTES:Mr.Blackwell moved that the minutes ofthe February22 and the continued meeting of February 25 be approved as submitted,seconded by Mr.Rimple,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ActionTaken:Mr.Blackwell moved thatthe bills,checks,and prepaidclaims issued be approved,seconded ^_J by Mr.Rimple,and passed unanimously. Vouchers auditedand certified bythe Finance Director as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW42.24.090,have been recordedon a listing which has been made available to the City Council. Claims:The vouchers includedon the belowlistas modifiedbythe Counciland noted uponsaid listfor the Council meeting of March 14,2000 for the funds listed below areapproved intheamountof$273,802.75. GENERAL FUND $106,202.20 SANITATION FUND 93,053.07 STREET 3,304.14 AIRPORT 89.66 GOB 1993 REDEMPTION 117.13 SELF INSURANCE 1,855.18 1998 REFUNDING GOB 101.78 CENTRAL SERVICES 10,613.82 STREET IMPROVEMENT 1,030.02 EQUIPMENT RENTAL 19,951.37 PARK &REC IMPROVEMENT 2,264.43 BUILDING MAINTENANCE 10,204.38 WATER/SEWER FUND 22,697.53 FIREMANS PENSION 108.00 1994 BOND FUND 51.45 M L YOUTH PARTNERSHIP TF 91.99 W/S CONSTRUCTION 2,066.60 TOTAL $273,802.75 PrepaidClaims:Prepaidclaims approved bythe CityManageraccordingtothe process established by Moses Lake Municipal Code 3.42.030 and the internalcontrolpolicyapproved bythe CityCouncilhas been recorded on a listingwhich has been madeavailable to the CityCouncil.The claims listed below are approved inthe amount of $3,125.38 for all funds. GENERAL FUND $2,210.38 M L YOUTH PARTNERSHIP TF 915.00 i^J TOTAL $3,125.38 PrepaidClaims: Prepaidclaims approved by the CityManageraccording tothe process established by Moses Lake Municipal Code 3.42.030 and the internalcontrol policyapproved by the CityCouncil hasbeen recorded on a listing which has been made available to the City Council.The claims listed below are approved inthe amount of $790.93 for all funds. GENERAL FUND $664.80 CENTRAL SERVICES 97.95 STREET IMPROVEMENT 13.18 M L YOUTH PARTNERSHIP TF 15.00 TOTAL $790.93 Claim Checks:Checks 3649 through 3832issuedon February 23 through March 9,2000were approved for payment at the Council meeting heldon March 14,2000 inthe totalamount of $642,280.58. Payroll:The payroll issued on February 29,2000 having been approved pursuant tothe rule ofthe City Council set forth in Moses Lake Municipal Code 3.42.040,was paid bychecks 13809 through 13815 in the amount of$1,083.52. Payroll:The payroll issued onMarch 3,2000having been approved pursuant totherule ofthe City Council set forth in Moses Lake Municipal Code3.42.040,was paid bychecks 13816 through 13977 in the amount of$58,553.79. COUNCIL/PLANNING COMMISSION /0O9. Tom Porter was introduced as the new Council member.He was given the oath of office during the /ooA_ i \Council/staff retreat.T7T/a Mr.Porter was also presented with a Certificate of Appreciation for his years ofservice on the Planning Commission. PROCLAMATION The proclamation declaring March 2000 asCelebrate Kids Month was read in its entirety.//3^ AWARD Mr.Pearce stated that the city received an appreciation award from the Boys and Girls Club./O/el 5588 CITY COUNCIL MINUTES:2 March 14,2000 II.EMPLOYEE PRESENTATIONS Parks Department:Donald Garrett,Parks Maintenance Worker,was presentedtothe Council. III.CONSENT AGENDA 10VLp Resolution -Accept Donation -Police Benefit Association:Aresolution was presented which accepts $1,000 from the Moses Lake Police Benefit Association tobeused for the Crime Prevention Program. //Si Request to Use Cascade Park -Fraser Vallev Drag Boat Association:The Fraser Valley Drag Boat ^^ Association requested permission touseCascade Park for their annual drag boat race tobeheld onAugust (' 5 and 6,2000. Action Taken:Mr.Rimple moved that theConsent Agenda beapproved,seconded byMr.Tracy,and passed unanimously. IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS /O L/(P JAPAN AIRLINES -DONATION Koji Mori,Administration Director and Akira Nakagawa,Senior Director,ofJapan Airlines,expressedtheir appreciation for thecooperation between Japan Airlines and the City of Moses Lake for thepast30 years and presented a check for$2,000 to the city. ll?0 ORDINANCE -VAUGHN BAY CONSTRUCTION -ZONE CHANGE -2ND READING/PUBLIC HEARING An ordinancewas presented which provides for the zone change ofthat portion of Park Orchard Tracts8 and 13adjacentto Evelyn Drive from R-1,Single Family Residential,and R-3,Multi-family Residential,to R-2, Single Family and Two Family Residential.The zone change was requested by Vaughn Bay Construction inorderto square up the property and make itmore conducive for development. Gilbert Alvarado,Community DevelopmentDirector,explained the background ofthiszone changerequest for the Council. Mr.Porter excused himself from participating in this item as he had reviewed this issue while serving on the (***} Planning Commission.He left the room. The public hearing was opened.There were no comments. ActionTaken:Mr.Blackwell movedthatthe public hearing beclosed,seconded by Mr.Blessing,and passed unanimously. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by titleonly. Action Taken:Mr.Blackwell moved that the second reading of the ordinance be adopted and the Findings of Fact be accepted,seconded by Mr.Rimple, and passed unanimously. //(•' VI.ORDINANCES AND RESOLUTIONS ORDINANCE -SIDEWALK CONSTRUCTION -2ND READING An ordinancewas presented whichestablishes a variance procedure for sidewalk construction. Theordinance amending Chapter 12.12 ofthe Moses Lake Municipal Codeentitled "Sidewalk Construction" was read by title only. Action Taken:Mr.Rimple movedthatthe second reading ofthe ordinance be adopted secondedby Mr. Blackwell, and passed unanimously. .ORDINANCE -CREATE OFFICE HOURS -1st READING _ Anordinance was presented which sets office hours for all city departments as 8 a.m.to5 p.m.,Monday through Friday,except holidays. The ordinance creating Chapter 2.90 ofthe Moses Lake Municipal Codeentitled "Office Hours"was read by title only. Action Taken:Mr.Blackwell moved that the first reading of the ordinance be adopted, seconded by Mr. Tracy, and passed unanimously. u u u 5589 CITY COUNCIL MINUTES:3 March 14,2000 ORDINANCE -PARKING REGULATIONS -1st READING An ordinance was presented which establishes atwo hour parking limitation along the southwest side of Elm /0<P ? Street between Third Avenue and Fourth Avenue. The ordinanceamending Chapter 10.12 ofthe Moses Lake Municipal Code entitled"Parking Regulations" was read by title only. Action Taken:Mr.Blackwell moved that the first reading of the ordinance be adopted,seconded by Mr. Tracy, and passed unanimously. VII.REQUESTS TO CALL FOR BIDS YONEZAWA BOULEVARD PROJECT Staff requested authorization tocall for bids for Yonezawa Boulevard./y <f GaryG.Harer,Municipal Services Director,stated that some additional easements are required and the project will not be let for bid until those are received bythe city. Hementionedthatthis project will include some sewerwork on Belmont and Crestmont inorder to provide forgravity flow from Yonezawa.This will eliminate the need for a lift station. An option to this project is the improvement of Clover Drive from Yonezawa to Highway 17.Since the signal lightat Yonezawa and Highway 17 will not be installed at this time,there are TIB funds available for the possible construction ofClover. There was some discussion by the Council. Action Taken:Mr.Rimple moved that staff be authorized to call for bids forYonezawa Boulevard and that Clover Drive be included as an option,seconded by Mr.Porter, and passed unanimously. VIII.REFERRALS FROM COMMISSIONS CRITTENDEN PRELIMINARY MAJOR PLAT PhilBloom,Columbia Northwest Engineering,has submitted a preliminary plat fora one lotmajor plat.The subdivision fronts on Wheeler Road and is located eastofthe SR-17 intersection.Wheeler Road is paved without curbs or sidewalks.The following variances were requested: 1.Variance to the requirement to construct curb and sidewalk on the south side of Wheeler Road. 2. Variance to the requirement to construct curb and sidewalk and provide design plans for the construction of the curb and sidewalk on the north side of Wheeler Road,adjacent to the plat. The Washington State Department ofTransportation has expressed concern about the cumulative effect of continual development in the Wheeler Corridor.The Planning Commission recommended that the preliminary platbeapproved,thevariance to constructcurb and sidewalkon the south side ofWheeler Road beapproved,and thevarianceto constructcurb and sidewalkon the north side ofWheeler Road be denied. GilbertAlvarado,Community Development Director,stated that a meeting was held with the Department ofTransportation toobtaintheirinputon future traffic onWheeler Roadand Highway 17.Hementionedthat the city currently has a covenant for street improvements associated with the adjacent Sparks Short Plat which would be called in if street improvements are required on the Crittenden Major Plat. Mr.Bloom stated that several meetings have been held concerning the traffic issues along Wheeler Road. The right-of-wayis wide enough forfive lanes but is currentlystriped for fourlanes. Turning movements are a concern and there isa desire to minimize the numberof driveways. He mentioned that the proponent is willing to provide 2'to 4'to the right-of-way eastofthe Sparks Short Plat. This willallow for the inclusion ofa centerturnlane sometime inthe future.There aretwo40' driveways proposed forthe Crittenden Major Platwhich is 450'wide.The east driveway willbe aligned with Wiser Road and will serve as a common driveway forthe Crittenden Major Platand forwhatever is developed on the unplatted propertyto the east. The proponent is requesting a variance to the requirement to construct curb and gutter on the south side of Highway 17 and the Planning Commission has recommended that the curb, gutter, and sidewalk be constructed on the north side ofWheeler Road. Gary G.Harer,Municipal Services Director,stated that when additional property is developed inthis area a street plan will be needed to show how the property will be accessed. Reid Ziegler,Ziggy' Lumber,stated that there is about300'between the two driveways.He was in favor of having the curbs,gutters,and sidewalks installed on the north side ofWheeler Road when the property is platted. Mr.Porterexcused himself from participating inthis item as he had reviewed this issuewhile serving on the Planning Commission.He left the room. //*(* Z//-7 119* /6M \(0 5590 CITY COUNCIL MINUTES:4 March 14, 2000 Action Taken:Mr.Rimple moved that the varianceto the requirement to construct curbs,gutters,and sidewalksonthe southside ofWheeler Roadbe granted,the preliminary plat be approved,the comments from the Fire Marshal andthe Development Engineer be addressed,andthe Findings of Fact be accepted, seconded by Mr.Tracy, and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION STREET LAYOUT BETWEEN NELSON ROAD AND SHARON AVENUE Staff submitted a proposed street layout forthe area south of Nelson Road to Sharon Avenue and west of /~\ MonroeStreet.'' Gary G.Harer,Municipal Services Director,statedthatthisareawas annexed into the city after Horizon Acres was platted and no provision was made for public access inthis area.The development of the Ferguson Major Plat,among otheractivities in thisarea,has brought forward the need to provide public access tothisarea.Hementioned thatstafffound a proposed streetlayout for thisareathatwasdeveloped in 1963whichisviableand will serve all the remaining unplatted property inthe area. Therewas some discussion bythe Council anditwas pointed outthatsome adjustments tothe proposed street layout may be made when platting takes place inthe area. Action Taken:Mr.Blackwell movedthatthe conceptual street layout beaccepted,seconded by Mr.Tracy, and passed unanimously. Council recommendedthatthe affected property ownersbe notified ofthis proposed street layout. VARIANCE -PUD The GrantCounty PUD has requested a varianceto the CommunityStandards inorderto replaceexisting poles along Dogwood Street,Fourth Avenue,Beech Street, and Fifth Avenue instead of undergroundthis existing line. Kitty VanHeusden,Grant County PUD,explained that this project will be replacing existing poles and increasing conductor capacity. Action Taken:Mr.Rimple moved that the variance request be granted,seconded by Mr.Blackwell,and -^ passed unanimously.C ) SPRING CLEANUP Lakeside Disposal willagain participate with the city in the annual Spring Cleanup.Lakeside will pick up in the City of Moses Lake on April8 and April 15. Staff will place a notice on the utilitybillsto notify city residents ofthe free pick up days. Action Taken:Mr.Blackwell moved that the city participate with Lakeside Disposal in the Spring Cleanup, seconded by Mr.Tracy,and passed unanimously. X.PUBLIC QUESTIONS AND COMMENTS -None XI.COUNCIL QUESTIONS AND COMMENTS -None XII.CITY MANAGER REPORTS AND COMMENTS DEVELOPMENT REGULATIONS -GRANT COUNTY Joseph K.Gavinski,City Manager,stated that there is no new information on the development regulations for Grant County. COMPREHENSIVE PLAN Joseph K.Gavinski,City Manager,stated that there is no new information on the Comprehensive Plan at this time. INVESTMENT REPORT The city received $120,642.72 in interest income for February 2000. SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager, reported thaton February 29,2000the city received $311,363.01 insales tax revenue and $13,970.84 in transient rental income. o 5591 CITY COUNCIL MINUTES:5 March 14,2000 LEGAL DEBT MARGIN Joseph K.Gavinski, City Manager, distributed information showing from the end of 1997 the amount of indebtedness the citycan incur.He mentioned that the city actuallyhas paiddown some of itsdebt since 1997. ;/30 CENTRAL DRIVE LID AND BONDS Joseph K.Gavinski,City Manager,distributed a memo from the Finance Director which stated that the city /c£00 and other bond holders own Central Drive LID bonds with rates of 5.45%to 6.40%.The city also owns its 1,J portion ofthe LIDs.It iscost effective toborrow enough money from the Sanitation Fund at5.25%topay the city's LIDs and clear the other bond holders, leaving the city as the only bond holder.All interest earningswouldthen belongtothe city. Notonlywouldthe $258,975.50 notbe paid to otherbond holders, but the city would earn 6.95% on the LIDsthat are owed by other individuals. Action Taken:Mr.Rimple moved that the city pay enough LID debt on the Central Drive LID projectto facilitate the clearing of all non-city bond holders and issue an interfund loan from the Sanitation Fund, seconded by Mr.Blessing, and passed unanimously. Ron Cone,Finance Director,stated that a resolution authorizing the interfund loan would be presented at the next Council meeting. FLYERS Twy la Bernhard,1137 W.Ivy Street,has requested that the city prohibit the placement offlyers,business /0£O ads,etc. on front doors of residences due to safety concerns. Joseph K.Gavinski,City Manager,requested direction from the City Council on this request. There was some discussion by the Council and no action was taken. I-695 Joseph K. Gavinski, City Manager,stated that the Superior Court in King County has ruled that I-695 is unconstitutional. He distributed a portionof the decision which outlines the reasons for declaring I-695 ^unconstitutional.He mentioned that the decision willbe appealed to the Supreme Court. u lj There was some discussion by the Council. SKATING RINK Joseph K.Gavinski, City Manager, distributed information on the projected revenues and expenditures involved in operating the proposed ice skating rink. The regular meeting was adjourned at 8:45 p.m. ATTEST:Mayor fnance Director <J u u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE VAUGHN BAY ZONE CHANGE NO.ZC 99-6 FINDINGS OF FACT,CONCLUSIONS,AND DE CISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public hearing was held upon proper notice before the Commission on December 16,1999. 1.2 Proponent.Vaughn Bay Construction is the proponent ofthis zone change. 1.3 Purpose.The proponent has requested a zone change of property legally described as follows from R-1,Single Family Residential,and R-3, Multi-family Residential,to R-2,Single Family and Two Family Residential,and R-3, Multi-family Residential: A portion of Park Orchard Tracts 8 and 13 1.4 Evidence.The Commission considered the following materials in reaching its decision. A.The application ofthe proponent for the zone change. B.The lack of comments from the public. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidence presented to them,the Planning Commission made the following findings of fact: 2.1 The proponent is the owner of property legally described above. 2.2 The property is unplatted. 2.3 The zone change is consistent with the Comprehensive Plan. 2.4 The zone change is in the public interest and will benefit the public welfare. 2.5 The zone change will not create undesirable environmental problems. 2.6 The traffic in the area willbe less with the requested zoning than with the current zoning. 2.7 The zone change addresses some ofthe concerns expressed by the neighbors. 3.CONCLUSIONS BYTHE PLANNING COMMISSION. From the foregoing findings of fact the Commission made the following conclusions: 3.1 The Planning Commission ofthe City of Moses Lake is vested with the authority to recom mend to the City Council the advisability of the proposed change in zoning. 3.2 The rezone request ofthe proponent is properly before the Commission for its recommen dation. 3.3 It is proper at this time for the Planning Commission to make a recommendation on this rezone request. 3.5 Itis in the best interests and welfare ofthe city's citizens to rezone the property. 4.RECOMMENDATION OF THE PLANNING COMMISSION. On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the Planning Commission ofthe Cityof Moses Lake to the CityCouncilofthe Cityof Moses Lake thatthe request to change a portion of the R-1 Zone and a portion of the R-3 Zone to R-2 be approved and that the remaining portion ofthe R-1 zone be changed to R-2. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public hearing was held upon proper notice before the City Council on March 14, 2000. 5.2 Proponent.Vaughn Bay Construction is the proponent of this rezone. 5.3 Purpose.The City Council considered the request for a rezone. 5.4 Evidence.The City Council considered the following materials in reaching its decision:_^ A.The application of the proponent forthe rezone. B.The history of the property. C.Comments from the public. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL No further evidence was presented tothe CityCouncil.The CityCounciladoptsthose findingsof fact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS OF THE CITY COUNCIL. From the foregoing findings of fact the City Council makes the following conclusions: 7.1 The City Council of the City of Moses Lake is vested with the authority to make a decision on a proposed change in zoning. 7.2 The rezone request of the proponent is properly before the Council for its decision. 7.3 Itis proper at this time for the City Council to make a decision on this rezone request. 8.DECISION OF THE CITY COUNCIL. The City Council of the City of Moses Lake agrees with the recommendation of the Planning /""> Commission and grants the zone change request. Dated:March 14, 20' Richard PearceTTvlayor n U ^J u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE CRITTENDEN MAJOR PLAT FINDINGS OF FACT,CONCLUSIONS,AND DE CISION 5. HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public hearingwas held upon propernotice before the Commission on February 10, 2000. 1.2 Proponent.Del Crittenden is the proponent ofthis plat. 1.3 Purpose. The proponenthas submitted a platforproperty whichis legally described uponthe plat.City staff has confirmed the property describedon the plat isthe 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 and oral comments from various parties. FINDINGS OF FACT BYTHE PLANNING COMMISSION. Based upon the evidence presented to them,the Commission makes the following findings of fact: 2.1 The proponent is the owner ofthe property. 2.2 The property is currently zoned Light Industrial. 2.3 Mitigationwill be provided for future traffic impacts. 2.4 City services and improvements were provided for. 2.5 Itis in the public interest to plat the property. 2.6 There were no negative comments from the public. 2.7 The platis in compliance with the Comprehensive Plan. CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission makes the following conclusions: 3.1 The Planning Commission oftheCity ofMoses Lake isvested with theauthority torecommend to the City Council the advisability of approving a plat. 3.2 The platis properlybefore the Commission forits recommendation. 3.3 It is proper at this time for the Planning Commission to make a recommendation on this plat. 3.4 It is in the best interests and welfare ofthe city's citizens to plat the property as proposed. RECOMMENDATION OF THE PLANNING COMMISSION On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the Planning Commission ofthe City of Moses Lake to the City Council of the City ofMoses Lake that the plat be approved with the stipulation thatthe variance to construct curb andsidewalk onthe south sideof Wheeler Road beapproved,thevariance toconstruct curb and sidewalk onthenorth sideofWheeler Road be denied,andthecomments from the City Engineer be addressed. FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date.A public meeting was held upon proper notice before the Council on March 14,2000. 5.2 Proponent. DelCrittenden the proponentof this plat. 5.3 Purpose.The proponent has submitted a preliminary plat for property legally described upon the plat.City staffhas confirmed the property described onthe plat isthe property submitted for platting. 5.4 Evidence.The Council consideredthe following materials in reaching its decision: A.The submitted plat. B.Testimony from the proponent.r^"^ C.Written comments from various parties. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL No further evidence was presented tothe City Council.TheCity Council adopts thosefindings of fact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS BYTHE CITY COUNCIL. From the foregoing findings of fact the Council makes the following conclusions: 7.1 The City Council ofthe City ofMoses Lake isvested with the authority to makea decision on a preliminary plat. 7.2 The platis properlybefore the Council forits decision. 7.3 It is proper atthistime for the City Council to makea decision onthis preliminary plat. 8.DECISION. *The City Council ofthe City ofMosesLakeagrees with the recommendation ofthe Planning Commis sion and approves the preliminary plat. n lichard Pearce,Mayor n