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2000 05 23u u ^J 5617 MOSES LAKE CITY COUNCIL May 23,2000 Council Present:Richard Pearce,Chris Blessing,Larry Tracy,Tom Porter,Lee Blackwell,RonCovey,and Brent Reese OATH OF OFFICE Brent Reese was given the oath of office. MINUTES:Mr.Blackwell moved thatthe minutesofthe May 9meeting be approvedas submitted,seconded by Mr.Porter, and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ActionTaken:Dr.Covey moved that the bills,checks,and prepaidclaims issued be approved,seconded by Mr.Blackwell, and passed unanimously. Vouchers auditedand certified bythe Finance Director as required by RCW42.24.080,and those expense reimbursement claims certifiedas required by RCW42.24.090,have been recorded on a listing which has been made available to the City Council. Claims:The vouchers included on the below listas modified by the Council and noted upon said listforthe Council meeting of May 23, 2000 forthe funds listed below are approved inthe amount of $293,623.74. GENERAL FUND STREET EQUIPMENT LEASES STREET IMPROVEMENT PARK &REC IMPROVEMENT WATER/SEWER CONSTRUCTION WATER/SEWER LEASES SANITATION FUND Prepaid Claims:None Claim Checks:Checks 4597 through 4785 issued on May 10 through May 12,2000 were approved for payment at the Council meeting held on May 9,2000 in the total amount of$806,802.46. Payroll:The payrollissued on May 12,2000 having been approved pursuant to the ruleof the City Council set forthin Moses Lake MunicipalCode 3.42.040,was paid by checks 14627 through 14817 in the amount of $58,298.15. II.EMPLOYEE PRESENTATIONS -None III.CONSENT AGENDA Resolution -Accept Traffic Safety Grant:Aresolution was presented which accepts a$500 grant from the //7 / Washington Traffic Safety Commission for the purchase of a combination TV/VCR. Resolutions -Accept Easements and Quit Claim Deeds -Yonezawa Boulevard and Clover Drive:/Oli Resolutions were presented which accept easements and right-of-way from the property owners along i^J7~^ Yonezawa Boulevard and Clover Drive.JOYU Planning Commission Appointment:Henry D.Wood was appointed tothe vacant position onthe Planning JOO 2 Commission. Action Taken:Mr.Porter moved thatthe ConsentAgenda beapproved,seconded by Dr.Covey,and passed unanimously. IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS ORDINANCE -VACATION OF BLANCHET AND PAXSON -2ND READING/PUBLIC HEARING An ordinance was presented which provides forthe vacation of portions of Blanchet Avenue and Paxson Drive.The ordinance includes a provision for repayment of one half the appraised value of the Blanchet Avenue area vacated.The Council should consider this requirement in light of the fact that the property owners will be required to pay for the construction of Paxson Drive when the land is platted. Joseph K.Gavinski,City Manager,pointed out that there is no request for payment for the vacated portion of Paxson Drive since the property owners will be required to construct Paxson Drive full width when the land is platted.The request is for repayment ofthe vacated portion of Blanchet.He noted that ASPI has called and indicated their support of this vacation. The public hearing was opened.There were no comments. $50,580.91 AIRPORT 58.00 38,543.05 SELF INSURANCE 331.63 1,446.45 CENTRAL SERVICES 10,128.11 3,187.95 EQUIPMENT RENTAL 84,671.60 130.00 BUILDING MAINTENANCE 28,396.64 713.47 FIREMANS PENSION 242.46 2,917.77 LONG TERM DEBT ACCT GROUP 12,862.32 15,171.08 TOTAL $293,623.74 /00°? 5618 CITY COUNCIL MINUTES: 2 May 23,2000 Action Taken:Dr.Covey moved that the publichearing be closed,seconded by Mr.Blackwell, and passed unanimously. The ordinance vacating a portion of Blanchet Avenue and Paxson Drive was read by title only. Action Taken:Mr.Porter moved that the second reading of the ordinance be adopted,seconded by Dr. Covey,and passed unanimously. -$ORDINANCE -COFFIN ANNEXATION - 1ST READING/PUBLIC HEARING Anordinance was presented which annexes an unincorporatedislandof territory tothe citywhich is located '' in Section 9 and is surrounded on three sides by the property recently annexed for Ron Gear. The public hearing was opened. Kenneth Coffin,owner ofthe property,supported the annexation. The public hearing was closed. Action Taken:Mr.Blackwell moved that the firstreading ofthe ordinance be approved and a public hearing and the second reading of the ordinance be set for June 13,seconded by Mr.Porter, and passed unanimously. irfb 'iofl VI.ORDINANCES AND RESOLUTIONS ORDINANCE-GAMBLING TAX -2ND READING An ordinance was presented which amendsthe gamblingtax by reducingthe tax on bingo and rafflesto 5%. Theordinance amending Chapter3.18oftheMoses Lake MunicipalCodeentitled "Gambling Tax"was read by title only. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr. Porter, and passed unanimously. .^-7 ORDINANCE - SPEED LIMITS-1ST READING ^ An ordinance was presented which establishes speed limits on variances city streets. Gary G. Harer,MunicipalServices Director,explained the proposed changes forthe Council. He mentioned that he had received two telephone calls requesting that W. Broadway remain 40 mph coming off of I-90. Joseph K.Gavinski, CityManager,mentioned that state lawstipulates that allcitystreets are25 mph unless otherwise changed. Mr.Pearce stated that the city had received calls from Steve Kalamakis and DickHanson inopposition to lowering the speed limiton West Broadway. Fred Haynes,PoliceChief, reported on the numberof accidents and speeding citations that were issued on the streets where the speed limitchanges are proposed. There was considerable discussion by the Council. Ron Parker, General Manager of Willamette Industries,was concerned about changing Wheeler Road to 35 mph as he felt itwould push a lot of truck traffic onto Road L. There was some discussion on the speed limiton Wheeler Road. The ordinance creating Chapter 10.10 of the Moses Lake Municipal Code entitled "Speed Limits"was read by title only. ActionTaken:Mr.Blackwell moved that the first reading of the ordinance be approved,seconded by Mr. Porter,and passed unanimously.f"^ VII.REQUESTS TO CALL FOR BIDS 2000 OVERLAY PROJECT Staff requested authorization to call for bids forthe 2000 Overlay Project which includes rebuilding the parking lotsat Larson Ballfield and PeninsulaSchool and overlaying variouscitystreets. Action Taken:Dr.Covey moved that staff be authorized to call for bids for the 2000 Overlay Project, seconded by Mr.Porter,and passed unanimously. 5619 CITY COUNCIL MINUTES: 3 May 23,2000 VIII.REFERRALS FROM COMMISSIONS ALLIE ABBS SHORT PLAT -VARIANCES Phil Bloom,Columbia Northwest Engineering,has submitted a one lot short plat for property located at the southeast corner of Marina Drive and Gibby Road.The area is zoned R-3, Multi-family Residential.The subdivision willbe served with city waterand sanitary sewer.A variancewas requested to the requirement to improve Bemis Street to city standards.The Planning Commission recommended that the variance be granted with the stipulation that a covenant be required to run with the land for the construction of the improvements at a future date. A variance was requested to the requirementto construct sewer on Bemis ^_J Street.The Planning Commission recommended that the variance request be granted.Avariance was requested to the requirementto construct a bike path in city right-of-way on Marina Drive.The property is surrounded by large, old growth Eastern Cottonwoods that the property owner wishes to retain.These maturetreesare inthe right-of-way wherethe bike path would normally beconstructed.The trees contribute to a sight distance problem at the intersection of Marina Drive and Gibby Road.Because of the trees the city has had to place dura posts in Marina Driveto delineate the bike path.Because of all the problems associated with the existing trees,staffhasrecommendedthattheyberemoved.The Planning Commission recommended that the variance request be denied. Gilbert Alvarado,Community Development Director,distributed information from the Engineering Division regarding the trees along Marina Drive and explained the problems the city has with these existing trees. Mr.Bloom stated that the property ownerwillbe removing the trees and sothe variance request fora bike path inan easement on private property is no longer being requested.The bike path will be constructed adjacentto the curb as itis currently exists on adjacent property. He mentioned that itwas also requested that the city participate in the construction of the bike path under a 1995 agreement. Gary G. Harer, Municipal Services Director,mentioned that the city usually pays for the extra width of the sidewalk to provide forthe bike path.The participation in the construction ofthe bike path is standard city policy and no action is required by the Council. There was some discussion by the Council on the remaining variances being requested. Action Taken:Mr. Porter moved that the variance to the requirement to improve Bemis Street to city standards be approved with the stipulation that a covenant be required to run with the land for the ^construction of the improvements at a future date and the variance to the requirement to construct sewer ,j on Bemis Street be granted,seconded by Mr.Blackwell,and passed unanimously. CITY LOGO The Moses Lake Tourism Commission was opposed to the palm tree concept and feltthat the "heron on water" logo, which was professionally researched and designed,is more representative of the area. There was no action taken by the Council. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION NORTHWEST MOBILE HOME SUPPLY PLAT -COVENANT Robert Munn,Northwest Mobile Home Supply,is considering the construction of aretail office building on '^/Ofcl Lots3 and 4 of the Northwest Mobile Home Supply Plat.There isa covenant attached to this platfor the fullwidth street improvements on Main Street. Gary G.Harer,Municipal Services Director,explained thatthe covenantcovers all four lotsofthe plat. Mr.Munn statedthathewas unaware ofthecovenantwhenhe purchased the property in 1994.He pointed outthat Main Streetisanundevelopedstreetand paving the streetwould be exorbitant andwould preclude the construction ofa building on these lots. Therewas some discussion bythe Council anditwas pointed outthattheon-siteparking area will haveto be paved andifthecovenant isnotcalled in,Main Streetwill remain agravel street.It wasalso pointed out that the covenant isonly for that portion of Main Street adjacent tothe Northwest Mobile Home Supply Plat i )and not for the entire length of Main Street. Action Taken:Mr.Blackwell moved that thecovenant not becalled in atthis time,seconded byMr.Blessing, and passed with Mr.Porter opposed. VARIANCE REQUEST -PUD The Grant County PUD hasrequested a variance tothe requirement to place itsutilities underground on East Broadway.There isapproximately 1,211*ofexisting overhead lines that will be replaced and existing underground lines willalso be replaced. Ron Reese,PUD,explainedthat,because of the increased load in this area,the electrical linesmust be upgraded toservicethe area.The requestisto replace the existing overheadlines with newoverheadlines andthe existing underground lines will be replaced withnew underground lines. //Jtp /£/6 //^ 5620 CITY COUNCIL MINUTES:4 May 23,2000 There was some discussion by the Council. Action Taken:Mr.Porter movedthatthe variance requestbe granted,seconded by Mr.Blackwell. There was additional discussion by the Council. The motion passed with Mr.Blackwell and Mr.Pearce opposed. jnlj VARIANCE -DRIVEWAY/SIDEWALKS -DESERTPOINT PLAT •itfpo Phil Bloom,Columbia Northwest Engineering,requested avariance to the requirement to construct sidewalk '' tothe property line on Maiers Road within the Desertpoint Major Plat.The property owners wish toconstruct sidewalk 5'in width,which will match the existing sidewalk in the Desertpoint ShortPlat No.2. A variance isalsobeingrequested for the construction of a curbreturn driveway cut atthe end of the cul-de-sacon Kittleson Road to serve the propertyto the west. Mr.Blessing declared a conflict of interest and exited the room. There was some discussion by the Council. Action Taken:Mr.Blackwell moved that the variance requests be granted,seconded by Mr.Tracy,and passed unanimously. /o&o )D$? REQUEST TO USE CITY RIGHT-OF-WAY -NEWTON'S CAR CORNER Newton's Car Corner hasapplied for a sign permit for an existing pole sign that projects overcity right-of- way at 1715 W.Broadway. Gilbert Alvarado,Community Development Director,statedthatthis pole hasbeen in existence for many years and staff has no problemwith the request. Robert Newton stated thatthe sign is about 15'highand is about 4'x 8'. Action Taken:Dr.Coveymovedthattherequesttouse city right-of-way be granted,secondedby Mr.Tracy, and passed unanimously. X.PUBLIC QUESTIONS AND COMMENTS '(^) q-]LONGVIEWTRACTS -CODE ENFORCEMENT KenHash,9848 Highland Drive,feltthatthe citydoes notenforcethe same regulations on rentersas itdoes on property owners inregardstotrashand roaming dogs. Hewanted the citytoenforce the rules uniformly. Joseph K.Gavinski,CityManager,mentionedthatstaffwouldlookintothe problemand reportback tothe Council. XI.COUNCIL QUESTIONS AND COMMENTS -None XII.CITY MANAGER REPORTS AND COMMENTS WHEELER ROAD ANNEXATION -ZONING The Planning Commission considered the zoning forthe property incorporated into the city by the Wheeler Road Corridor annexation and recommended to the Council that the city follow the existing county zoning as closely as possible with the following exceptions: 1.The agriculturally zoned property inSection 18-19-29bezoned Light Industrial providedthe property owner has no objections. 2.The agriculturallyzoned property in Sections 19-19-29 and 20-19-29 be zoned Heavy Industrial. 3.The property in Section 14-19-28 be zoned as follows: A. The propertytothe southeastof East Broadway Extended be zoned Heavy Industrial except foran area of residential property along Farmer Drivewhich will be zoned residential. B.The property northwest of East Broadway Extended be zoned commercial. Joseph K.Gavinski,City Manager,stated that this is mostly for information at this time and the public hearingand the first readingof the ordinance will be scheduled forthe June 13 meeting. Ron Updegrave did not feel that the proposed commercial zoning to the west of East Broadway was adequate.Itis zoned Heavy Industrial inthe county and should remain that. o 5621 CITY COUNCIL MINUTES:5 May23, 2000 Paul Carpentier stated that he owns property on both sides of East Broadway and owns Moses Lake Auto Wrecking,which has been located inthis area since 1955.Zoning this property commercial would put them out of business.He requested that the zoning remain heavy industrial. Action Taken:Mr.Blackwell moved that June 13 be set as the date fora publichearing on the zoning for the Wheeler Road annexation and the firstreading of an ordinance,seconded by Mr.Porter, and passed unanimously. SAND DUNES WASTEWATER TREATMENT PLANT K^Joseph K.Gavinski,City Manager,reported that Varela &Associates have submitted their report on the WastewaterSystem Facilities Planforthe Sand Dunes WastewaterTreatment Plant.They have presented some alternatives with regard to how to construct additions to the facility.The city could add additional capacity orupgrade the facility.The issuebetweenthe cityand the Department of Ecology is oneof nitrates. He mentioned that the city and the DOE are stilltalking about this issue as the city does not feel the cost justifies the small amount ofreduction in the nitrates that willresult. GRANT COUNTY COMPREHENSIVE PLAN JamesA.Whitaker,CityAttorney,stated thatthe Eastern Washington Growth Management Hearings Board has found the county'sComprehensive Plan non-compliantwith regard to every RAID thatwas challenged. The Board has also determined that the County Wide Planning Policies are not advisory and cannot be changed at the county's will.The County Wide Planning Policies are mandatory and must be followed in the planning process.A decision on the remaining challenges to the county's Comprehensive Plan should be received some time in June. There was some discussion by the Council. The regular meeting was recessed at 9:30 p.m. and the Council met in executive session to discuss real estate acquisition.The executive session was adjourned at 10 p.m. and the regular meeting was reconvened. MOSES POINTE -AMENDMENT TO EXTRA TERRITORIAL UTILITY AGREEMENT u KJ Joseph K.Gavinski, CityManager,presentedtothe CityCouncilan amendmenttothe ExtraTerritorial Utility Agreement,Covenant Runningwiththe Land,PowerofAttorney, and Easementwithregardtothe extension ofcity water and sewer utilities to Moses Pointe. The amendment is consistent withthe CityCouncil's direction given at the CityCouncil's special meeting held on May 16,2000.The amendment bears an attachment which is known as "Exhibit E"which was the subject of the May 16, 2000 special City Council meeting. ActionTaken:Mr.Blessingmoved thatthe City Manager be authorizedto execute the agreement on behalf ofthe City of Moses Lake,seconded by Mr.Porter,and passed unanimously. The regular meeting was adjourned at 10 p.m. ATTEST:Mayor /S{09, /D%> rosv