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2004 01 27u 6068 MOSES LAKE CITY COUNCIL January 27,2004 Council Present: Ron Covey, Lee Blackwell,Brent Reese,Steve Shinn, Richard Pearce, Dick Deane,and Jon Lane PLEDGE OF ALLEGIANCE:The Mayorled the Council inthe Pledge of Allegiance. MINUTES:Mr.Blackwell moved that the minutes of the January 13,2004 meeting be approved as submitted,seconded by Mr.Shinn, and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Pearce moved that the bills,checks,and prepaid claims issued be approved, seconded by Mr.Lane, and passed unanimously. Vouchers auditedand certified bythe Finance Director as required by RCW 42.24.080, and those expense reimbursementclaims certified as required by RCW42.24.090, have been recorded on a listingwhich has been made available to the CityCouncil. Claims:The vouchers included on the below list as modified by the Council and noted upon said list for the Council meeting of January 28, 2004 forthe funds listed below are approved inthe amount of $190,000.08. GENERAL FUND $81,476.78 AIRPORT 278.67 PATHS &TRAILS 167.24 AMBULANCE SERVICE FUND 305.20 STREET 692.53 UNEMPL COMP INSURANCE 375.00 STREET REPAIR/RECON 327.71 SELF INSURANCE 2,275.00 EQUIPMENT LEASES 3,155.16 CENTRAL SERVICES 8,838.25 WATER/SEWER 55,681.79 EQUIPMENT RENTAL 15,538.04 W/S LEASES 1,884.87 BUILD MAINTENANCE 17,701.70 SANITATION FUND 1,302.14 TOTAL $190,000.08 PrepaidClaims:Prepaidclaims approved bythe CityManageraccordingtothe processestablished by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council has been recorded on a listingwhich has been made available to the City Council.The claims listed below are approved in the amount of $371.16 for all funds. GENERAL FUND $363.97 ,'t WATER/SEWER 7.19 <^J TOTAL $371.16 Prepaid Claims:Prepaid claims approved by the City Manageraccording 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 available to the City Council.The claims listed below are approved in the amount of $5,113.56 for all funds. GENERAL FUND $2886.66 EQUIPMENT RENTAL 601.00 CENTRAL SERVICES 4,225.90 TOTAL $5,113.56 Prepaid Claims:Prepaid claims approved bythe City Manageraccording to the processestablished 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 $53,047.26 for all funds. GENERAL FUND $556.81 AMBULANCE DEBT SERVICE 508.784 PATHS &TRAILS 89.14 SELF INSURANCE 25,000.00 EQUIPMENT LEASES 1,397.39 CENTRAL SERVICES 327.38 WATER/SEWER 20.55 EQUIPMENT RENTAL 14,343.56 W/S LEASES 723.25 BUILD MAINTENANCE 22.47 AMBULANCE SERVICE FUND 57.87 TOTAL 43,047.26 Claim Checks:Checks 22167 through 22358 issued January 5,2004 through January 21,2004 were approved for payment at the Council meeting held on January 27,2004 in the total amount of $755,927.52. Payroll:The payroll issued on January 16,2004 having been approved pursuant to the rule of the /)CityCouncil set forth inMoses Lake Municipal Code 3.42.040, was paid by checks 33286 through \-s 33333 in the total amount of $48,521.31. EMPLOYEE PRESENTATIONS/AWARDS -None CONSENT AGENDA Resolution -Accept Funds -Wal-Mart:A resolution was presented which accepts $200 from the /Oc/(j? Moses Lake Wal-Mart.The funds are to be used for the Special Olympics Program. Use of City Property - Cascade Park:Northwest Water Competition has requested the use of //£/ Cascade Park as the headquarters and spectatorarea fortheir NationalBoat Racing Association's ' National Championship Regatta on August 13-14,2005.The Parks and Recreation Commission, Tourism Commission,and staff recommend that this request be approved. 6069 CITY COUNCIL MINUTES January 27,2004 //&(*Southqate Addition No.3 Final Plat:Phil Bloom,Columbia Northwest Engineering,has submitted a final major plat for 19 lots located offof Division Street.The Planning Commission recommended that the final plat be approved with the stipulation that the comments from the Development Engineer be addressed.The findings of fact were also submitted for approval. ActionTaken:Mr.Blackwell moved thatthe ConsentAgenda be approved,seconded by Mr.Shinn, and passed unanimously. COMMISSION APPOINTMENTS 101/PARKS AND RECREATION COMMISSION:The Parks and Recreation Commission has (~) recommended that Betty Lange,Brent Kirwin,and Larry Dennis be appointed to the Parks and Recreation Commission.Mayor Covey wishes to appoint Ms.Lange,Mr. Kirwin,and Mr.Dennis to the Parks and Recreation Commission. Action Taken:Mr.Blackwell moved that the Council confirm the appointments of Betty Lange, Brent Kirwin,and Larry Dennis to the Parks and Recreation Commission,seconded by Mr.Pearce, and passed unanimously. Mayor Covey mentioned that the Parks and Recreation Commission is a nine member board with 7 members from within the city limits and 2 members from the UGA.The members from the UGA have full voting rights. It has been suggested that the number of members be reduced to seven. There was some discussion by the Council and the consensus was to retain a nine member Parks and Recreation Commission. Il5f'<r LODGING TAX ADVISORY COMMITTEE:Mayor Covey stated that Terry Jordon has requested ^not to be re-appointed to the Lodging Tax Advisory Committee and Stephen McFarland has indicated a willingness to serve on the Committee. Action Taken:Mr.Shinn moved that the Council appoint Stephen McFarland to the Lodging Tax Advisory Committee and also confirmJudy Ferguson, KarenWagner, Brenda Teals as members, and Ron Covey as Chairman,seconded by Mr.Blackwell,and passed unanimously. CONSIDERATION OF BIDS LINE STRIPER The city received one bid for the line striper.Staff recommended the bid for the line striperbe <) awarded to Alpine Products. Action Taken:Mr.Reese moved that the bid for the line striper be awarded to Alpine Products in the amount of $36,056.86,seconded by Mr.Pearce, and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS SAND DUNES WASTEWATER TREATMENT PLANT Frank Imhof,IMCO General Construction,Inc.has appealed staff's decision to not accept his pre- qualification application for the update of the Sand Dunes Wastewater Treatment Plant.The applications wererequired tobeatthe city by5 p.m.January 16,2004.Mr.Imhofs application was not received until January 20, 2004. The application was not mailed until January 19,2004. Mr.Imhof,Presidentof IMCO GeneralConstruction,explainedthattheirbidpackagewas prepared by January 12butduetoa turnover in staffwas overlooked.The bid package was intended tobe flown toMoses Lakeon January 16butMosesLakewas fogged in.The bid packagewasthen put into the mail on January 19.Hestatedthatthey doabout20sewer plants each yearandthey are qualified todothe work.He did not feel there would beany advantage ordisadvantage tothe city orthe othercontractors by including them inthe pre-application processsincethe staffhas until January 28to review the applications.He mentioned thattheyareusually 5%lower thanthe next lowest bidderand itwould cost the city money by not allowing them to bidon the project. There was some discussion by the Council. ActionTaken:Mr.Pearce moved thatthe request toaccept the pre-application from IMCO General Construction be denied, seconded by Mr.Reese, and passed unanimously.^-\ /£?jf ABATEMENT OF DANGEROUS BUILDING -PUBLIC HEARING The Building Official has submitted a report concerning the demolition ofasingle family residence located at 1506 Mary Street that was damaged by fire. Gilbert Alvarado,Community Development Director,explainedthatthe structure was involved in a fire in December 2002.The ownerof record was senta notice and orderthat the Building Official found the building to be dangerous. Noresponse was receivedbythe cityand so the cityhadthe building demolished.To recoverthe cost of this work,the citymay chargethe cost back to the property owneras a personal obligation.Before thatcantake place,the City Council must hold a public hearing to considerthe Building Official's report onthe demolition ofthe building. James A.Whitaker,CityAttorney,explained the processof attaching the cost ofthe demolition to the property as a lien. /on IZO^ 6070 CITY COUNCIL MINUTES January 27,2004 Richard Cole,Building Official,explainedthatthe propertyowners are*aware ofthe situationsince certified letters were sent to them and other interested persons and the certified letters were refused. The public hearing was opened.There were no comments. Action Taken:Mr.Blackwell moved that the publichearing be closed,seconded by Mr.Reese,and passed unanimously. Action Taken:Mr.Pearce moved that the report of the Building Official be accepted,the amount i J ofthe demolition be determined tobe proper and reasonable,and thecostofthe demolition work ^^in theamount of$5,465 shall bea personal obligation against the property owner,seconded byMr. Reese,and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCES -REFUNDS/CREDITS -WATER METERS -1st READING //V^ Ordinances were presented which establishes when credits and refunds are applicable when changing the size and location of water meters orwhen abandoning water meters. GaryHarer,Municipal Services Director,statedthatchanging the size and location ofameterdoes not happen very often and neither does the abandonment of a meter.However,when itdoes happen,these ordinances will provideclear direction on howto handle the situations. The ordinanceamending Chapter3.62 ofthe Moses Lake Municipal Code entitled "Utility System Development Charges"was read by title only. Action Taken:Mr.Shinn moved that the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. The ordinance amending Chapter 3.58 of the Moses Lake Municipal Code entitled "Water Connection Fees"was read by title only. Mr.Shinn felt that the ordinance should be changed so that a credit would be allowed when the meter size is increased. Action Taken:Mr.Blackwell moved that the ordinance be amended to delete "not"in the first v^y sentence under number 4 and the first reading of the ordinance be adopted,seconded by Mr. Shinn,and passed unanimously. u ORDINANCE -VEHICLES -1st READING An ordinance was presented which regulates the keeping and storage of motor and recreational vehicles. The ordinance creating Chapter 8.50 of the Moses Lake Municipal Code entitled "Vehicles"was read by title only. Gilbert Alvarado,Community Development Director,explained that the city's current ordinance provides no enforcement forvehicles parked on private property.He distributed pictures ofvehicles parking on private property and explained how each situation would be dealt with under the proposed ordinance. John Miller,1709 Lakeside Drive,distributed a memo and stated that across the street from their home there are two unregistered cars parked in the front yard that have not moved in over three years,the camper in back has not moved in over a year, and there is also a boat and a traileron this property. He encouraged the Council to adopt the ordinance. James A. Whitaker, CityAttorney, stated that previouslythe Councilwished to have the ability,if someone does not respond to the enforcement efforts, to bring the property owner before the Council for the adopting of a resolution directing city actionto be taken to remove the offending items.That process is not included in this ordinance and if the Council wishes it included,the ordinance should be amended to include "In additionto any penalty or enforcement provided for inthis chapter,the provisions of MLMC 8.14.070 and the process setforth therein shallbe available for application to violations of this chapter." ActionTaken:Mr.Pearce moved that the ordinancebe amended as recommended by the City Attorneyand the first readingbe adopted,seconded by Mr.Reese,and passed unanimously. REQUEST TO CALL FOR BIDS 2004 CRACK SEAL PROJECT Staff requested authorization to call for bids for the 2004 Crack Sealing Project.This project consists of sealing approximately 205,000 feet of cracks in various city streets. Staff is also requestingthat an optionbe includedinthe bid for an additional $25,000 of cracksealing. Gary G.Harer,Municipal Services Director,pointed outthatthe city's crack seal and chip seal programs have savedthe city a tremendous amountofmoneyby eliminating the need to overlay streets. //S3 IO/9A J lift 6071 CITY COUNCIL MINUTES January 27,2004 Action Taken:Mr.Reese moved that staffbe authorized to call for bids for the 2004 Crack Sealing Project and include the extra $25,000,seconded by Mr.Lane, and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION DRIVEWAY VARIANCE-WALGREENS Action Taken:Mr.Pearce movedthatthisitem be removed from the table,secondedby Mr.Shinn,^mt^ and passed unanimously.f) Scott Granger stated that he is a Walgreens developer and is the investor and will construct the building. He mentioned that since 1997 he has constructed 15 Walgreens stores intwo states.He pointed out that Walgreens has indicated that if the left in on Stratford is not allowed,then Walgreens will stop the project.Walgreens basic business model is to be the most convenient retailer in a given trade area.That is the only way they can compete with stores like Wal-Mart, Safeway,and larger stores.The Transpo Group did a traffic analysis of this intersection and concluded that having the access off of Balsam Street and from Stratford Road will improve the level of service at the intersection.He mentioned that the site is contaminated with heavy oils, arsenic,and petroleum on the property and that will be cleaned up.Pavers will be placed along BroadwayAvenue and Stratford Road.The existing four driveways on Broadwaywillbe eliminated and the three driveways on Stratford will be reduced to one.Itis proposed to place an identifying feature at the corner of Stratford and Broadway.All of these improvements would be at no cost to the city. Mr.Shinn stated that he owns property within 500'of this project but does not feel he has a conflict with the project. Mr.Reese felt that a left turn into the site from Stratford could create problems on Stratford by backing up traffic behind the left turners. Mr.Granger stated that Walgreens wants safe movements in fortheir customers and if there is a problem resulting from the leftturn movement intothe property from Stratford,they would support the installation of an extruded curb if the city felt it was necessary,especially if there were an increase intraffic incidents.He pointed out that the traffic study supports the left turn movement and Walgreens believes itis a safe movement and crucial to the success of the store. Bill White, Transpo Group,stated that based upon the currentsite plan,theirrevised numbers still i) supportthe leftturnintothe site. The numbers support a "C"level of service. Mr.Pearce pointedout that staff does not support a leftturnintothis site. Hewanted to know ifa leftturn pocket could be constructed on Stratford Road to facilitate leftturns intothe site. Gary G.Harer,Municipal Services Director,stated thata leftturn pocketis possiblebut probably not practical as therewouldbe cars backed upacrossthe railroad trackssince there is notmuch room inthat area. The main problem isthe gaps intrafficcoming from Broadway. Ifthere are no gaps,then the leftturn pocket would not help. Mr.Pearce was concerned about the left turn into the site as he felt the traffic would only getworse and the level of service would decrease. Mr.White stated thatthere will be additional traffic generated byWalgreens butthey have worked with city staff to remove traffic conflicts by eliminating a number of driveways in this area. According toindustry practices,the proposed driveways will work,however,the left turn into thesite may be problematicduring peak traffichours. There was considerable discussion about the traffic at this intersection. Mr.Granger stated that ifthe left turn traffic into the site becomes a problem,an extruded curb could be placed on Stratford to prevent those left turn movements.The city would betheentity to determine the traffic safety and he would be willing to posta bond for future traffic changes on Stratford Road to restrict left turns into the site. Mr.Harer distributed a map showing the peak hour traffic for this intersection.He statedthatstaff is concerned thatthereare peoplewho will take the leftturn no matterwhat,andthatwill backup ^-s traffic on Stratford Road. The cars behindthe leftturners will be trying to go aroundthem to get to ' the intersection and that is a traffic hazard.He mentioned that the trafficatthis intersection is fairly constantfrom 7 a.m.to7 p.m.It isonlyabout200'from the intersection tothe proposed driveway. Hewas concerned about when and how the street improvements would be constructed under the bond and who would determine when those should be done.He feltthat this drivewayon Stratford will increase traffic congestion and ultimately cause accidents.It is nota good design to go into something thinking it is a hazard and fixing itat a later date.He pointed outthatthe existing driveways arenotused much becauseitissucha problem getting into the site. There was additional discussion. Mr.Blackwell pointed out that trafficcan turn left intothis site now. 6072 CITY COUNCIL MINUTES January 27,2004 Joseph K.Gavinski,City Manager,pointed out that once the project is built,the city has no obligation to keep the driveway open.The city can review the site and determine at any time whether to allow the continuation ofthe left turn into the site. Mr.Reese felt that the driveway on Stratford could be allowed as he did not feel peoplewould want to sit and wait to get across two lanes of heavy traffic. Action Taken:Mr.Blackwell moved that the variance to allow the driveway on Stratford Road to be placed next to the property line be approved with the stipulation that a bond be required for traffic improvements in the future which would prohibit left turns into the site, and that traffic (I improvements be included to prevent left turns outofthe driveway,seconded by Mr.Shinn. Mr.Blackwell requested the Police Chiefs opinion on the traffic at this intersection relative to the proposed development and driveway locations. Fred Haynes,Police Chief,stated that the left turn from Stratford into the site would create major traffic congestion and cause a traffic bottle neck.This would increase the risk ofaccidents.He was opposed to allowing left turns into the site from Stratford Road. The motion passed with Mr.Lane,Mr.Shinn,Mr.Blackwell,and Mr.Reese in favor and Mr.Pearce, Mr.Deane,and Mayor Covey opposed. Mr.Pearce stated that he was concerned about the proximity of the first driveway on Balsam to Broadway. He suggested that it be moved 501 from the intersection rather the proposed 30'.He was concerned about vehicles having to wait on Broadway to turn onto Balsam. There was some discussion concerning moving the driveway 20'further north . Mr.Granger stated that the driveway will be moved 20'to the north which will make it 50'from the driveway and so a variance on Balsam will no longer be required. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS VISION 2020 >Mr.Blackwell stated that Cast for Kids attended the Vision 2020 meeting.These people schedule \^J fishing opportunities for children and would like to hold onein Moses Lake.Approximately 1,000 people participate in this activity but they need some help with sponsors,etc. He requested that staff look into the project. Itwas the consensus of the Council that staff investigate this activity. INTERNATIONAL MARKET REPRESENTATIVE FOR AGRICULTURE Mr.Blackwell stated that the state has four international market representatives for agriculture,all on the west side.Martha Cho ofthe Department of CommunityTrade and Economic Development, had recommended that one be located on the east side.The Governor originally removed itfrom the state's budget but under pressure ithas been reinstated.He stated that they now need to lobby to have this representative located in Moses Lake. It wasthe consensus of the Council that the request to place this person in Moses Lake be brought up to the legislators at the upcoming Legislative Action Conference. CITY MANAGER REPORTS AND COMMENTS QUARTERLY FINANCIAL REPORTS Joseph K.Gavinski,City Manager,distributed the fourth quarter financial reports for 2003. AMBULANCE REPORT The ambulance report for December was presented.//3 f It was the consensus of the Council that the ambulance report be presented quarterly. INVESTMENT REPORT The investment reportshows thatthe cityreceived $26,791.34 ininvestment income for December 2003. SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,reported thatthe city received $261,517.68 in sales tax and ^ $20,852.60 in transient rental income in December 2003.,^J>fa //o? VX. //3 b /0O3 itff'J- 6073 CITY COUNCIL MINUTES January 27,2004 09L/BUILDING CODE EFFECTIVENESS Joseph K.Gavinski, City Manager,distributed a letter from the Washington Survey and Rating Bureau with regard to the city's building codes and the enforcement of those codes.As a result of their survey the city has improved from a Class 5 to a Class 3 on residential,commercial,and industrial property. This improvement will help reduce insurance rates in the city. //<//PUD FRANCHISE Joseph K.Gavinski, City Manager,stated that the city has received a letterfromthe PUDregarding their concerns about the franchise that was adopted by the city. He spoke with Tom Flint of the PUD Board of Commissioners and explained how the franchise ordinance was adopted.The city has yet to receive anything from the PUD which specifically addresses their concerns with the franchise. TAX ABATEMENT PROGRAM GilbertAlvarado, Community Development Director,stated that the Council had earlier expressed an interest in a tax abatement program. This program must have a designated area.There are criteria that must be met for the cityto designate an area as a residential target area and for the property to be eligible forthe program.Staff has also developed some criteria and a map of a proposed area.He requested the Council reviewthe requirements and staffwill present the project at a future meeting. The meeting was adjourned at 10:10 p.m. ATTEST:Ronald C.Covey,Mayor" /05-/ laid R.Cone,Finance Director ~ - w O BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE SOUTHGATE ADDI TION 3 FINAL MAJOR PLAT FINDINGS OF FACT,CONCLUSIONS,AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date.A public meeting was held upon propernotice beforethe Commission onJanuary 15, 2004. 1.2 Proponent.United Builders,Inc. is the proponent of this plat. 1.3 Purpose. The proponenthas submitteda platfor property which is legally described uponthe plat.City staffhas confirmed the property described on the platisthe 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 comments from various parties. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidencepresented tothem,the Commission makes the following findings offact: 2.1 The proponent is the owner of the property. 2.2 The property is currently zoned R-1,Single Family Residential. 2.3 The final plat conforms to the preliminary plat. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission makes the following conclusions: 3.1 The Planning Commission of the City of Moses Lake is vested with the authority to recommend to the City Council the advisability of approving a plat. 3.2 The plat is properly before the Commission for its 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 of the city's citizens to plat the property as proposed. 4.DECISION OF THE PLANNING COMMISSION. On the basis ofthe foregoing findings offact and conclusions,itisthe recommendation of the Planning Commission that the plat be approved. 5.DECISION OF THE CITY COUNCIL The City Council of the City of Moses Lake approves the final plat. Dated:'Oanuary-27,2004. Ronald C.Covey,Mayor