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2003 11 116036 MOSES LAKE CITY COUNCIL November 11,2003 Council Present: Lee Blackwell,Larry Tracy, Brent Reese,Steve Shinn,Richard Pearce, Ron Covey,and Chris Blessing MINUTES:Mr.Blessing movedthatthe minutesofthe October14,2003 meetingbe approved as submitted,seconded by Mr.Shinn and passed unanimously. Mr.Shinn moved that the minutes ofthe October 7,2003 study session be approved as submitted, seconded by Dr.Covey, and passed unanimously. !J Mr.Pearce moved that the minutes of the October 21,2003 study session be approved as ^-^submitted,seconded by Mr.Reese,and passed unanimously. Mr.Reese moved that the minutes of the October 28,2003 meeting be approved as submitted, seconded by Mr.Shinn, and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Dr.Covey moved thatthe bills,checks, and prepaid claims issued be approved, seconded by Mr.Blessing, and passed unanimously. Vouchers auditedand certified bythe Finance Director as required by RCW42.24.080,andthose expense reimbursement claims certified as required byRCW42.24.090,havebeen 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 list for the Council meeting of October 28, 2003 for the funds listed below are approved inthe amount of $393,913.56. GENERAL FUND $60,908.59 SANITATION FUND 103,781.11 PATHS AND TRAILS 3,274.73 AIRPORT 143.93 STREET 37,113.63 AMBULANCE SERVICE FUND 1,158.85 STREET REPAIR/RECON 14,610.85 AMBULANCE DEBT SERVICE 1,123.09 EQUIPMENT LEASES 3,626.92 CENTRAL SERVICES 10,748.34 WATER/SEWER 38,294.80 EQUIPMENT RENTAL 36,284.13 W/S CONSTRUCTION 68,908.00 BUILD MAINTENANCE 12,190.72 W/S LEASES 1,745.87 TOTAL $393,913.56 [^J Prepaid Claims:Prepaid claims approved bythe City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council has been recorded on a listing which has been made availableto the CityCouncil.The claims listed below are approved in the amount of $1,088.89 for allfunds. GENERAL FUND 38.29 WATER/SEWER 1,050.60 TOTAL $1,088.89 Prepaid Claims:Prepaid claimsapprovedbythe CityManageraccording tothe process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council has been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $3,044.09 for all funds. GENERAL FUND 98.96 AMBULANCE DEBT SERVICE 2,916.00 WATER/SEWER 29.13 TOTAL $3,044.09 Claim Checks:Checks 21270 through 21433 issued October 29,2003 through November7,2003 were approved for payment at the Council meeting held on November 11,2003 in thetotal amount of $1,061,242.20. Payroll:The payroll issued on October 31,2003 having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 32988 through 32996 in the total amount of $1,957.02. Payroll:The payrollissued on November 7,2003 having been approved pursuant to the ruleof the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 32997 through\^J 33050 in thetotal amount of $48,915.94. EMPLOYEE PRESENTATIONS/AWARDS -None CONSENT AGENDA Resolution -Check Signing Authorization:Aresolution was presented which lists those employees //Jb/j authorized to sign checks. Resolutions -Grant Easements -PUD:Resolutions were presented which grant easements to the /D/3 PUD in order to provide electrical service to Well 18 and the Carnation Lift Station. Well 18 Short Plat -Variances:The city has submitted a 1.36 acre one lot short plat for the Well //AC? 18 project.The plat is located at 5085 Wheeler Road NE and also encompasses the Carnation LiftStation.The site is zoned Heavy Industrial.The city has requested the following variances: 6037 CITY COUNCIL MINUTES November 11,2003 1.Variance to postpone the requirement to construct and design full width improvements on Wheeler Road,which includes sidewalk and curb. 2.Variance to postpone the requirement to install street lights along Wheeler Road. 3.Variance to the requirement that sidelotlines bewithin twenty percent(20%)ofperpendicular to the front property line with which it intersects. The Planning Commission recommended that the variances be approved with the stipulation that acovenant be required for the required improvements along the south half ofWheelerRoad in the ,-s future andthe comments from the City Engineer be addressed.fj Action Taken:Mr.Tracy moved that the ConsentAgenda be approved,seconded by Mr.Blessing, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS ORDINANCES -DEVELOPMENT REGULATIONS - 2nd READING/CONT PUBLIC HEARING Ordinanceswere presented which bring the city into compliance with the Growth Management Act. Gilbert Alvarado,Community Development Director,stated that staff has presented a summary of the comments the city has received on the proposed changes to the ordinances.He mentioned that staff has struggled with the issue of new and used car lots and requested additional direction from the Council.He pointed out that the 60 day review period expires on November 17 and the majority ofchanges must be adopted by then to meetthe requirements ofthe Eastern Washington Growth Management Hearings Board. Joseph K.Gavinski,City Manager,stated that staff needs direction from the Council on what direction to take with the C-1 and C-1a zones because of the different points of view from the public,the Vision 2020 consultants,and others.He suggested that if the Council wishes to further discuss the C-1 and C-1a Zones,that the remainder of the ordinances be adopted. Mr.Alvarado stated thatbyadopting all the changes exceptthe C-1 and C-1 a it canbe shown to r-^ the Eastern Washington Growth Management Hearings Board that the city is making progress f towards bringing its development regulations into compliance. There was some discussion by the Council on whether or not to adopt the regulations as a whole or delay adopting only the zoning regulations for further study. The public hearing was opened.v Fred Skinner,Western Pacific Engineering,submitted a letter requesting changes to Title 17. It was pointed out that staff has proposed no changes to Title 17 at this time Ralph Kincaid,Vision 2020,stated that they support the C-1a zone language. He mentioned that no property is currently zoned C-1a but he feltthis transition zone will be important inthe future. He felt the Planning Commission did good work on this zone and it is supported by the Leland Consulting Group. He pointed out that car lots can be converted to other uses.Vision 2020 supports the residential uses in the downtown area provided that the commercial element be maintained with perhaps the flexibility for other uses on the ground floor.The letter from Leland ConsultingGroup has requested additional height forbuildingsbeing used forresidential purposes in the downtown area. A letter from LeAnn Partonwas read which supported adoption of the C-1a Zone as written. Larry Hall,6524 Eagle Drive,was opposedtothe C-1 a Zone,since it seems to be mainly aimed at used car lots in the downtown area.He felt that the natural commercial progression would see them eventually removed from the downtown without prohibiting them. Kerry Garbe,Garbe's Used Cars,pointed out that new car dealers,which are allowed,sell more f^) used carsthannew cars.Repair shops,which are allowed,alsosell used cars.He felt thatifthe city adopts the C-1 azone it would render his building worthless.He was not opposed to regula tions of the used car lots,but was opposed to them being prohibited. Action Taken:Mr.Blessing movedthatthe public hearing be closed,secondedby Mr.Shinn,and passed unanimously. Dr.Covey felt the city should adopt and submit all the ordinances tothe Office of Community Development except for Title 18 and continue towork on the C-1 a Zone.He felt that the used car lots should be regulated ratherthan prohibited. Mr.Blessing suggested that both the new and used car lots be considered conditional uses.He wanted to know ifthe citywouldhave a problem with a four story building. u 6038 CITY COUNCIL MINUTES November 11,2003 Dave Helms,Fire Chief,statedthatan increase in the height ofa building also increases the risks.If the city were to allow four story buildings,the city should consider regulations that requiresprinklersandfirealarmsystemsratherthanallowingfirewalls,which are permitted bytheBuilding Code. Mr.Pearce feltthat the C-1 a Zone needs work butwas opposed to requesting an extension from the Eastern Washington Growth Management Hearings Board.He felt that the C-1 a Zone should betakenoutofTitle 18andthe regulations be adopted and submitted tothe Office of Community Development. Mr.Blessing suggested that Title 17 and Title 18 be reviewed and the rest ofthe regulations be adopted. There was some discussion by the CouncjL r The ordinance amending Chapter 3.54of the Moses Lake Municipal Code entitled "Development Review and Permit Fees"was read by title only. Action Taken:Mr.Blessing moved thatthesecondreading ofthe ordinance beadopted,seconded by Mr.Tracy, and passed unanimously. The ordinance amending Title 14ofthe Moses Lake Municipal Code entitled "Environmental Policy Act"was read by title only. Action Taken:Mr.Blessing movedthatthesecond reading ofthe ordinance be adopted,seconded by Mr.Tracy, and passed unanimously. The ordinance amending Title 17ofthe Moses Lake Municipal Code entitled "Subdivisions"was read by title only. Action Taken:Mr.Blessing movedthatthe second reading ofthe ordinance be tabled,seconded by Mr.Shinn, and passed unanimously. The ordinance amending Title 18ofthe Moses Lake Municipal Code entitled "Zoning"was read by title only. ActionTaken:Mr.Pearce moved that the second readingof the ordinance be tabled,seconded n->by Mr.Tracy, and passed unanimously. > The ordinance amending Title 19ofthe Moses LakeMunicipal Codeentitled "Growth Management" was read by title only. Action Taken:Mr.Blessing movedthatthe second reading ofthe ordinance be adopted,seconded by Mr.Tracy, and passed unanimously. Clarification from staffwas requested onthe differences between staff, LelandConsulting,andthe publicconcerning the C-1 and C-1a zones. Mr.Alvarado stated that Leland Consulting is recommending that new and used car lots not be permitted in the C-1 and C-1 a zones andthat residential developments in the C-1 and C-1 aZones be required to have a ground floor commercial use. Mr.Blessingstated thatthere should be flexibility inthe residential use inthe C-1 and C-1 a zones and that could be accomplished by having residential uses on the ground floorof a building as a conditional use permit. Mr.Pearce felt that the Council does notwantto eliminate new and used car dealers from the C-1 a Zone. Mr.Alvarado requested direction from the Council on design guidelines for future downtown development;drivethrough facilitiesinthe downtown area sincetheyconflictwith pedestriantraffic; maximum setbacks in the C-1a and C-2 zones;and whether or not buildings offour stories should be allowed.He mentioned that currently there are no setbacks required in the C-1 Zone.The idea is to provide for pedestrians along the front of the buildings and the consultants felt that the \^_J standards for the Neighborhood Commercial Zone would be acceptable. There was some discussion and itwas the consensus that design guidelines should be discussed at a future date,that drive-through facilities should not be prohibited in the downtown,and that staff should review the setbacks in the C-1 a and C-2 zones. Mr.Alvarado requested clarification from the Council on the proposed setback from the lake for residential lots. There was some discussion and itwas the consensus of the Councilthat the rearyard setback for lake front lots be set at 20'or 20%,whichever is less. It was suggested that instead of a studysession,each Council member conveyany other concerns to citystaff and the ordinance be redraftedand presented back to Council at the next meeting. 6039 CITY COUNCIL MINUTES November 11,2003 )0n ORDINANCE -WESTLAKE TRACTS RIGHT-OF-WAY -VACATION - 1st READING/PUBLIC /HEARING An ordinance was presented which provides for the vacation of the remaining right-of-way in Westlake Tracts. The ordinance vacating the remaining right-of-way in Westlake Tracts was read by title only. Gilbert Alvarado,Community Development Director,stated that Qwest and the PUD have facilitieswithintheproposedvacationandhaverequestedthateasementsberetained.He mentioned that ^- the city also has facilities in this area that will require an easement and the ordinance would be \\ amended to provide for those easements. The public hearing was opened. Mitchell Delabarre,representing the propertyowner,stated that most of the streets and alleys in this area were vacated in 1970.In March 1999 the city transferred everything it owned to Parkplace Investors through a statutory warranty deed.Because there is some ambiguity over the status ofthe remaining right-of-wayinthis area, the property owneris requesting their vacation and is also requesting that the requirement for compensation be waived since the city has previously divested itself of this property. Craig Jorgensen,PUD,explained that the lines inthis area are critical to their upgrade of service. Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. Action Taken:Mr.Tracy moved that the first reading of the ordinance be tabled,seconded by Dr. Covey,and passed unanimously. There was some discussion,and it was the consensus of the Council that the ordinance be amended to provide for the necessary easements,the requirement for compensation be waived, and the ordinance be adopted on a single reading at the next meeting. 100-6 ioio ORDINANCES AND RESOLUTIONS ORDINANCES -TAXES - 2nd READING/PUBLIC HEARING Ordinances were presented which fixthe estimated amountto be received from property taxes and sets the tax levy rate.A public hearing was scheduled to consider the revenue sources for the city's 2004 current expense budget and the budget for increased oradditional property taxrevenue. The public hearing is also forthe purpose of receiving input on the amount of property tax the city will receive and also the levy rate. The public hearing was opened.There were no comments. Action Taken:Dr.Covey moved that the public hearing be closed,seconded by Mr.Shinn,and passed unanimously. The ordinance fixing the estimated amount to be received for municipal purposes from taxations on assessed valuations on property within the City of Moses Lake,Washington for 2004was read by title only. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Tracy,and passed unanimously. The ordinance fixing the estimated amount to be received for municipal purposes from taxations on assessed valuations on property within the City of Moses Lake,Washington for 2004was read by title only. Action Taken:Dr.Covey moved that the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. ORDINANCE -ADOPT 2004 BUDGET -1st READING/PUBLIC HEARING An ordinance was presented which adopts the 2004 budget.C^\ The ordinance adoptingthe budget for the Cityof Moses Lake, Washington forthe year of 2004 was read by title only. The publichearing was opened.There were no comments. Action Taken:Mr.Blessing movedthatthe public hearing be closed,secondedby Dr.Covey,and passed unanimously. Action Taken:Dr.Covey moved that the first reading ofthe ordinance be adopted,secondedby Mr.Reese,and passed with Mr.Shinn opposed. A study session hasbeenset for November 18 at7 p.m.in the Council Chambers. r\ u 6040 CITY COUNCIL MINUTES November 11,2003 ORDINANCE -BANK OF AMERICA FRANCHISE -SINGLE READING An ordinance was presented which grants a franchise to Bank of America to install their under ground cables acrossthe alley to servicetheirnew ATM. The ordinance granting to Bank of America the right and franchise touse and occupy designated streets,alleys,and other public places and ways of the City of Moses Lake,Washington,to construct,maintain,repair,renew and operate an underground cable in conduit within and through certain portions ofthe City of Moses Lake,Washington was read by title only. Action Taken:Mr.Tracy moved thatanemergency be declared and the ordinance be adopted on a single reading,seconded by Mr.Blessing,and passed unanimously. ORDINANCE -AMEND 13.04 -1st READING An ordinance was presented which amends Chapter 13.04,Sewer Regulations.Thechangesare mostly grammatical and establishes the Building Official asthe responsible person for sewer side services on private property. The ordinance amending Chapter 13.04 of the Moses Lake Municipal Code entitled "Sewer Regulations"was read by titleonly. ActionTaken:Mr.Reese moved that the first readingof the ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS OTHER ITEMS FOR COUNCIL CONSIDERATION MUNICIPAL AIRPORT -ULTRA LIGHT VEHICLES /QOfa The Municipal Airport Commission has recommended that the Council adopt the rules for the Ultralight Vehicle Operations atthe Moses Lake Municipal Airport. Action Taken:Dr.Coveymovedthatthe Ultralight Vehicle Operations rules be adopted,seconded \~s by Mr.Shinn. Mr.Pearce mentionedthat these rules deal withthe items that were agreed upon betweenthe fixed wing aircraft operators and the ultralight vehicle operators.Those items that could not be agreed upon are notcovered by these rulesand are still underdiscussion. The motion passed unanimously. REWARDS JOBS Authorization was requested by the Police Chief to offer rewards leading to the arrest and conviction of those responsible for the arsonof a stolen vehicle,the robbery ofthe Payless Shoe Source, and the destruction of the KDRM/KBSN towers on Marsh Island.The amount of the reward is $2,000 each. Action Taken:Mr.Pearce moved that the establishment ofthe $2,000 reward for each offense be approved,seconded by Dr.Covey,and passed unanimously. ANNEXATION -JAMES HILL AUTO CENTER.INC. James Hill Auto Center,Inc.has submitted a Notice of Intention to Commence Annexation Proceedings with regard to property located on the Frontage Road. Action Taken:Mr.Shinn movedthatthe Notice ofIntention to Commence Annexation Proceedings be receipted and it be forwarded to the Planning Commission,seconded by Mr.Tracy,and passed unanimously. M Gilbert Alvarado,Community Development Director,pointed out thatthe submitted legal description ^""^ofthe property needsto be corrected. CHIEF MOSES MURAL A license and agreement was presented forthe proposed muralto be painted by the Friends of Chief Moses on the GMAC Real Estate building owned by Jeff Foster. Authorization was requested forthe City Manager to sign the license and agreement. Joseph K.Gavinski,City Manager,explainedthe backgroundofthis project. Therewassome discussion bythe Council.It was pointed outthatthe painter would be responsi ble for maintaining the mural as neither the city nor the owner ofthe building wishesthat responsi bility. /N? Joss //sf //// m mi 6041 CITYCOUNCIL MINUTES November 11,2003 Action Taken:Mr.Pearce moved that the City Manager be authorized to sign the license and agreement subject to the incorporation ofthe Friends ofChief Moses,seconded by Mr.Tracy, and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS AMBULANCE SERVICE ^ Mr.Shinn stated that a letterhas been sent from the Department ofHealthapprovingGrant County Fire District#5 as the additional ALS verified service for Grant County. Joseph K.Gavinski,City Manager,stated that the letter,which was sent to the North Central Regional EMS and Trauma Council,outlines howthe consultants made their decision and asking that work be done to provide coordination.The license that was issued is consistent with what the Cityof Moses Lake had suggested to Grant County #5 and to the Department of Health as to how this could be resolved with providing some additional service areas outside the city's limits.Staff is recommending that no appeal be taken to this decision. Mr.Shinn felt the AmbulanceCommitteeshould deal with the ambulance issue and the mapping and meet withGrant County #5 to discuss the maps so that problems are not created forthe Multi- Agency Communications Center. There was some discussion and itwas the consensus that this issue be discussed at the study session on November 18. CITY MANAGER REPORTS AND COMMENTS \\^H^SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski, City Manager,reported that the city received $278,361.01 in sales tax and $33,943.54 in transient rental income in October 2003. /003 INVESTMENT REPORT The investment report shows that the city received $22,236.52 in investment income for October r^ 2003. COMMUNITY STANDARDS Joseph K.Gavinski, City Manager,reported that the Municipal Services Department is redoing the arterial street classifications in the Community Standards and they will be presented at the next Council meeting. DEVELOPMENT REGULATIONS Mr.Pearce requested a response from staff on the comments from Fred Skinner,Western Pacific Engineering,concerning Title 17,Subdivisions,on site plans and costs. Gary Harer,Municipal Services Director,stated that in one instance the location of off-site sprinklers were requested because they were also serving the platted property.He mentioned that he could not answer for the costs incurred by Western Pacific Engineering to produce a site plan but could not conceive that the cost could have increased five fold as reported by Mr.Skinner. The regular meeting was recessed at 9:30 p.m.and the Council met in an executive session to discuss personnel.The executive session was adjourned at 10 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 10 p.m. • ATTEST:Mayor inance Director '~