Loading...
2004 02 10u u u 6074 MOSES LAKE CITY COUNCIL February 10,2004 Council Present: Ron Covey, Lee Blackwell, Brent Reese,Steve Shinn, Richard Pearce, Dick Deane,and Jon Lane PLEDGE OF ALLEGIANCE:The Mayor led the Council in the Pledge of Allegiance. MINUTES:Mr.Blackwell moved that the minutes of the January 13,2004 meeting be approved as submitted,seconded by Mr.Lane, 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.Reese,and passed unanimously. Vouchers audited and certifiedbythe Finance Director as required by RCW 42.24.080, and those expense reimbursementclaims certified as required by RCW 42.24.090, 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 forthe Council meeting of February 10, 2004 forthe funds listed below are approved in the amount of $532,917.06. GENERAL FUND $70,086.74 STREET 32,858.21 1998 REFUNDING GOB 22,412.29 2002 REFUNDING BONDS 33,369.42 PARK &REC IMPROVEMENT 5,320.00 WATER/SEWER 39,333.52 1994 BOND FUND 1,190.00 W/S CONSTRUCTION 153,015.92 W/S LEASES 1,022.65 AIRPORT 250.62 AMBULANCE SERVICE FUND 2,461.34 AMBULANCE DEBT SERVICE 614.25 SELF INSURANCE 237.14 CENTRAL SERVICES 7,966.37 EQUIPMENT RENTAL 22,570.77 BUILD MAINTENANCE 42,598.13 FIREMANS PENSION 441.00 TOTAL $532,917.06 PrepaidClaims: Prepaid claims approved bythe 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 listingwhich has been made available to the City Council.The claims listed below are approved inthe amount of $10,096.46 for all funds. GENERAL FUND $620.65 EQUIPMENT LEASES 1,200.67 WATER/SEWER 48.95 W/S LEASES 187.01 AIRPORT 280.00 AMBULANCE SERVICE FUND 3,298.78 AMBULANCE DEBT SERVICE 282.00 CENTRAL SERVICES 574.05 EQUIPMENT RENTAL 3,595.13 BUILD MAINTENANCE 9.22 TOTAL $10,096.46 Prepaid Claims:Prepaid claimsapproved bythe 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 $2,229.40 for all funds. GENERAL FUND BUILD MAINTENANCE TOTAL $2,144.38 85.020 $2,229.40 Claim Checks:Checks 22359 through 22520 issued January 28,2004 through February 5,2004 were approved for payment at the Council meeting held on February 10,2004 in the total amount of $432,749.19. Payroll:The payroll issued on January 30,2004 having been approved pursuant to the rule of the CityCouncil set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 33334 through 33380 in the total amount of$47,206.26. Payroll:The payroll issued on January 30,2004 having been approved pursuant to the rule of the CityCouncil set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 33381 through 33387 in the total amount of$2,286.99. EMPLOYEE PRESENTATIONS/AWARDS Police Department:Tom Tufte,Police Officer,was presented to the Council. CONSENT AGENDA Resolution -Accept Funds -Farmers Market:A resolutionwas presented which accepts $500 from the Columbia Basin Farmers Market and Craft Bazaar.The funds are to be used for the mainte nance of the Civic Center Park. /Ofy Lions Field Final Major Plat:Phil Bloom,Columbia Northwest Engineering,has submitted aone //J (j? lot final major plat for Lions Field located on Dogwood Street. The Planning Commission recom mended thatthe final plat beapprovedwith the stipulation thatthecomments from the Development Engineerbe addressed.The findings of factwere also submitted forapproval. 6075 CITY COUNCIL MINUTES February 10,2004 }/£(*Food Pavilion Commercial Center Final Maior Plat:Phil Bloom,Columbia Northwest Engineering, has submitted a one lot final major plat for property located on Stratford Road.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. James A.Whitaker,City Attorney,stated that the city requires a plat to front on a dedicated public street.Due to the replatting of this area,Lot 1,Block 1,Penn Plaza Plat &Replat of Lot 7 Columbia Basin Center Platwill no longertechnically front on Stratford Road.However,there are in existence permanent easementsandthedeveloper hasagreed to deliver another permanent easementthat ^us^ will preservethe rights of the resulting property to access Stratford Road inthe future.\) Action Taken:Mr.Blackwell moved that the Consent Agenda be approved with the stipulation that a variance be granted regarding the requirement that Lot 1,Block 1,Penn Plaza Plat &Replat of Lot 7 Columbia Basin Center plat front on a dedicated right-of-way as a result of the Food Pavilion Commercial Center Final Major Plat and allow that plat to front on Stratford Road via a permanent easement,seconded by Mr.Shinn,and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS -None //// /N(e 63 PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS BMX TRACK/SELF HELP FUNDS Ralph Gonzales,Moses Lake BMX Organization,has requested the use ofthe neighborhood self- help funds for the construction of the BMX track project at Larson Playfield. Spencer Grigg,Parks and Recreation Director,stated that this project has been approved by the Parks and Recreation Commission. Mr.Gonzales submitted information on the proposed BMX Track.The concept ofthe BMX Track was previously endorsed by the Council.The existing on-site dirtthat was previously proposed to be used was found to be unsafe.Different dirt will have to be brought in and Desert Rock Excavation has agreed to donate the dirt butwould charge $4 percubic yardfordeliveryof the dirt. He mentioned that the starting gate will be donated,manpower to build the track will be provided by ABA, and the track is ready to be built. He mentioned that the value of the track is estimated at $45,000. There was some discussion by the Council. Action Taken:Mr.Pearce moved that up to $13,000 in self-help funds be allocated for the BMX Track project,seconded by Mr.Lane, and passed unanimously. Mr.Gonzales stated that they will attempt to get the track done this year. Mr.Blackwell wanted to know who is liable if anyone gets hurt. Joseph K.Gavinski,City Manager,stated that ifno fee is charged there will be no liability for the city. Mr.Gonzales stated that a fee will be charged the riders to participate in the races and insurance will be provided bythe ABA but other than thatthere will be no charge to use the track. There was some additional discussion on subsequent improvements related to the BMXTrack. ORDINANCES AND RESOLUTIONS ORDINANCES -REFUNDS/CREDITS -WATER METERS - 2ndREADING Ordinances were presented which establishes when credits and refundswouldbe applicable for a change in the size and location ofwatermeters orwhen abandoning watermeters. The ordinance amending Chapter 3.58 of the Moses Lake Municipal Code entitled "Water Connection Fees"was read by titleonly.^"\ ActionTaken:Mr.Shinn moved that the second reading of the ordinance be adopted,seconded by Mr.Pearce,and passed unanimously. The ordinance amendingChapter3.62ofthe Moses Lake Municipal Code entitled "Utility System Development Charges"was read by title only. ActionTaken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. ORDINANCE -VEHICLES - 2nd READING An ordinance was presented which regulatesthe keeping and storageof motorand recreational vehicles. n 6076 CITY COUNCIL MINUTES February 10,2004 The ordinance creating Chapter 8.50 of the Moses Lake Municipal Code entitled "Vehicles"was read by title only. GilbertAlvarado,Community Development Director,distributed DraftNo. 7 of the ordinance and explainedthattherewere some minorchanges tothe ordinance. Hestated thatstaffwas contacted by Mrs.Miller from the Longview Tractsareawhowas in favor of limiting the types ofvehicles that can be stored on site,and a letter from Edward Weber of 2927 Lakeside Drive was distributed which was opposed to the ordinance. t J Pat Hockstatter stated that his concern was about commercial property and the new changes ^^address that.He felt thatthis ordinance isan infringement on private property rights.He did not feel the ordinance was necessary. Mr.Alvaradoexplainedthatthe ordinanceappliesonlyto residential^ zoned property and does not apply to commercial or industrial properties. Dave McMain stated that there are existing regulations that deal with hulk vehicles.He feltthat he should be allowed to keep all seven of his vehicles on his property. He mentioned that there are two licensed drivers at the location and this ordinance would limit him to four vehicles at the site. He was opposed to the ordinance. Mr.Deane pointed out that the intent of the ordinance is to provide the citywith a means to help clean-up the community.He mentioned that this ordinance could affect property values in a positive way. BillWilson stated that he lives in the Knolls Vista area and most of the homes do not have vehicle access to the back yard. Allthe cars would have to be placed in the front yard. He felt there was problems with the ordinance and he was opposed to it. Richard Beeson,3010 Peninsula,#120,pointed out some inconsistencies within the ordinance. He was opposed to the ordinance as written. Mr.Alvarado pointed out that most of the enforcement that would be done under this ordinance would be done on a complaint basis. u u Action Taken:Mr.Lane moved that the second reading of the ordinance be tabled,seconded by Mr.Shinn,and passed unanimously. ORDINANCE -MAYOR AND COUNCIL -1st READING An ordinance was presented which adds the pledge of allegiance to the order of business on the Council's agenda. The ordinance amending Chapter 2.08 of the Moses Lake Municipal Code entitled "Mayor and Council"was read by title only. Action Taken:Mr.Blackwell moved that the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. ORDINANCE -WATER/SEWER REIMBURSEMENTS -1st READING Ordinances were presented which establish the reimbursements for the street,water,and sewer improvements constructed as partof the Alder Street Extension Project. The ordinance amending Chapter 12.40 of the Moses Lake Municipal Code entitled "Street Construction or Improvement Reimbursement Charges"was read by title only. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed with Mr.Shinn opposed. The ordinance amending Chapter 13.08 ofthe Moses Lake Municipal Code entitled "Water and )07^ Sewer"Connections"was read by title only. Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by Mr.Lane,and passed unanimously. ORDINANCE -BANK OF AMERICA FRANCHISE -1st READING An ordinance was presented which extends the deadline for the Bank of America to accept the franchise terms. The ordinance amending Ordinance No.2137 granting a franchise to Bank ofAmerica to use 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 of the City of Moses Lake,Washington was read by title only. Action Taken:Mr.Pearce moved that the firstreading of the ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. REQUEST TO CALL FOR BIDS -None /0<?A W MP 6077 CITY COUNCIL MINUTES February 10,2004 REFERRALS FROM COMMISSIONS i/vT^WILLIS ANNEXATION /0</: Albertand Frana Willis havesubmitted a Notice of Intention to CommenceAnnexation Proceedings for property located on Kittelson Road.The Planning Commission recommended that the Notice be accepted. Gilbert Alvarado,Community Development Director,stated that Mr.Willis wishes to expand his ministoragefacilitybutthecounty,in their Comprehensive Plan,has designated this property as ^^^ residential.Since the city has designated thearea as commercial,heisrequesting toannextothe (] city.The property is currently vacant. There was some discussion by the Council. Action Taken:Mr.Pearce moved that the Notice of Intent be accepted,the zoning regulations be adopted forthis property, and the property assume allor any portionof existing city indebtedness, seconded by Mr.Lane,and passed unanimously. Action Taken:Mr.Pearce moved that the Petition for Annexation be accepted,seconded by Mr. Shinn,and passed unanimously. OTHER ITEMS FOR COUNCIL CONSIDERATION PAVERS -KENISON.WASHINGTON TRUST BANK.AND WALGREENS The city has received requests fromWashington Trust Bank,Walgreens,and Ries and Kenison for a variance inorderto installpavers outside the paver district.Washington Trust Bank is requesting pavers on Division for 112'beyond the 50'already approved.They participate in the cost of installing pavers outside the paver district. GaryG.Harer,Municipal Services Director,explained the project.He mentioned that the paver projectwill cost approximately$1.7 million,including engineeringand construction.In the pastthe city has paid for75%ofthe cost of the paver projects. Mr.Pearce was concerned thatthe citycould notcontinuallyfund these projects,especially outside the paver project boundary. Mr.Reese feltthatthe property owners outside the paver district should contributemore than just 25%of the cost. Joseph K.Gavinski,City Manager,stated that within the paver district,itis required that property owners use paverswhen replacing theirsidewalks. When the paver district was established, in orderto encourage the use of pavers, the Council agreed to participate in some paver improve ments. Once the initial paver projects were completed, therewas no obligation on the part of the city to continue that participation. There was some discussion by the Council. Jeff Reynolds,representing Walgreens,statedthathe wished to clarify the impression thatwas given at a previous meeting that Walgreens would pay for the pavers in front of their project. Walgreens would like the city to participate in the paver project atthesame level as other properties -75%from the city and 25% from Walgreens. James A.Whitaker,City Attomey,pointed outthatthereare two parts toWalgreensrequest-cityparticipationintheareawithinthepaverdistrictandtoextendthepaversoutsidethepaverdistrict on Stratford Road. Action Taken:Mr.Pearce moved that the request to landscape the area between the 12'wide paver sidewalk adjacent tothe property line andthe curb line be approved,seconded by Mr.Shinn, and passed unanimously. There was discussion bythe Council on the city's participation in paver projects both within andwithoutthepaverdistrictandevenwhetherornottoextendthepaversoutsidethedistrict f~\ boundaries. Richard Beeson,3010 Peninsula,#120,requested clarification on the source of the funds to pay for a paver project. Joseph K.Gavinski,stated thatthe funds would come from the Street Improvement Fund 309. the moneyin this fund ultimately comes from the General Fund.Currently thereareno funds todothis project.If the project is approved,the funds would have to be borrowed from othercity funds or from an outside source. Action Taken:Mr.Blackwell moved that the request from Ries &Kenison,Walgreens,and WashingtonTrust Bank for city participation in the installation of paversadjacentto their property be approvedwith the city participating atthe rateof 75%,seconded by Mr.Lane. n u o 6078 CITY COUNCIL MINUTES February 10,2004 Mr.Pearce pointed out that the city does not have the funds to do these projects and he was opposed to borrowing money to complete them. Mr.Deane felt that since the city does not have the funds for this project,the city should not participate in the project. He did not feel that the city should borrow funds to pay for this project. There was additional discussion by the Council. Action Taken:Mr.Lane moved that the motion be amended to remove the Kenison property from this paver project,seconded by Mr.Shinn,and passed with Mr.Pearce opposed. Action Taken:Mr.Deane moved that the ordinance be amended to limit the city's participation outside the paver district to 50%,seconded by Mr.Pearce. Tom Heath,representing Washington Trust Bank,stated that the bank would probably pull out of the project if their participation is increased to 50%,since that doubles their cost. Mr.Reynolds,representing Walgreens,stated that increasing their participation to 50%would impact their budget and they would prefer the 75%/25%split. The amendment failed with Mr.Deane,Mr.Pearce,and Mayor Covey in favor,and Mr.Blackwell, Mr.Shinn,Mr.Lane,and Mr.Reese opposed. The motion passed with Mr.Deane opposed. There was some discussion and staffwas directed to bring backthe sidewalk ordinance for Council review and inform Mr.Kenison that Council had denied his request to be included in the paver district until additional information is provided. DOWNTOWN IMPROVEMENT The city received a letter from Floyd Swenson,owner of the Swenson Building, which suggested the city investigate adding ornamental lighting on Fourth Avenue. Joseph K.Gavinski,City Manager,stated that Mr.Swenson is requesting the city place the decorative lighting down Fourth Avenue.He mentioned that the lighting would have to be included in any paver projects on that street and the poles are rented from the PUDand are fairly expensive. O NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS VEHICLE STORAGE Richard Beeson,3010 Peninsula,#120,expressed some concern about the accumulation of vehicles at the Interstate Inn. Gilbert Alvarado,Community Development Director,stated that the Code Compliance Officers are investigating this situation but no code violations have been found at this time. COUNCIL QUESTIONS AND COMMENTS COUNCIL RULES Mr.Lane suggested that a time limitbe imposed on citizens who wish to address the Council. Mayor Covey stated that citizens could provide written documentation on their concern and then outline their concerns within a 3 to 5 minute time frame. Staff was requested to research the issue and provide information to the Council. CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT The investment report shows that the city received $17,146.76 in investment income for January 2004. //07 //<?7 /ooj pos SALES TAX/TRANSIENT RENTAL INCOME Joseph K. Gavinski, City Manager, reported that the city received $243,076.94 in sales tax and ,w>*> $15,583.45 in transient rental income in January 2004.7 /0<^e> ADULT RETAIL ESTABLISHMENTS Joseph K.Gavinski,City Manager,provided some information on adult retail establishments since the Council and several citizens requested regulations on this type of business. LOGO USAGE POLICY Joseph K.Gavinski,City Manager,stated that a logo usage policy has been drafted and staff isin 10($" the process of reviewing it.The policyshould be available forthe Council at the next meeting. 6079 CITY COUNCIL MINUTES February 10,2004 /Qtfo UGA RAIDS Joseph K.Gavinski,City Manager stated that the county has published its notice and decision on the RAIDS. He stated that the city has 60 days to appeal this decision. James A.Whitaker,CityAttorney,reported that the city has received a notice of setting to seek a compliance hearing review on the original proceeding before the Eastern Washington Growth Management Hearings Board, on whichthe cityprevailed and whichfound the county's Comp Plan non-compliant. ICffb RESIGNATION ~ /0%> /OP 7 1/39 Joseph K.Gavinski, City Manager,stated that Bob West,Human Resources Director,has submitted a letter stating his intention to retire in March 2005.His last day in the office will be November 12,2004. PARKS AND RECREATION DEPARTMENT Joseph K.Gavinski, City Manager,stated that Spencer Grigg has been be appointed as the permanent Parks and Recreation Director. CONTAMINATED WELLS Joseph K.Gavinski,City Manager,stated that a meeting was held with the Attorney General, representing the Department of Ecology,concerning the city's claim with the federal government to recover costs relating to the wells contaminated with TCE. The cityshould hear back about this project in the next month or so. AMBULANCE SERVICE Joseph K.Gavinski,City Manager,stated that Fire District #5 has informed the Department of Health that additional mediation is needed.At the mediation meeting that was held,Grant County Fire District#5 attended but had no authority to mediate.The meeting was held anyway. Itis up to the Department of Health to determine whether or not to continue with the mediation and then ask the cityto agree to participate inthe mediation. The cityis not required to participate infurther mediation.He did not feel that there is any need for additional mediation. James A.Whitaker, CityAttorney,stated that the mediation question will be resolved within the next 10 days. The hearing is tentatively scheduled for the end of June but could be pushed back to October,depending on availability of witnesses. The meeting was recessed at 10:15 p.m. and the Council met in an executive session to discuss real estate matters.The executive session was adjourned at 10:45 p.m.and the regular meetingwasreconvened.The regular meeting was adjourned at10:45 p.m.f ATTEST:Ronald C.Covey,Mayor ^ ^Ronald R.Cone, " <J U U BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE FOOD PAVILION FINAL PLAT FINDINGS OF FACT,CONCLUSIONS,AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A publicmeeting was held upon proper notice before the Commission on January 15, 2004. 1.2 Proponent.Brown and Coles Stores is the proponent of this plat. 1.3 Purpose.The proponent has submitted a plat for property which is legallydescribed upon the plat. Citystaff has confirmedthe propertydescribed on the platis the propertysubmittedfor 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 evidence presented to them,the Commission makes the following findings of fact: 2.1 The proponent is the owner of the property. 2.2 The property is currently zoned C-2,General Commercial and Business. 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 determine approval of plats. 3.2 The plat is properly before the Commission for its determination. 3.3 Itis proper at this time for the Planning Commission to make a determination on this plat. 3.4 Itis 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 of theforegoing findings ottactand conclusions,itis the 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. DateaTTebmary 10,2p04^" zz^M^t- Ronald C.Covey,Mayor U u u BEFORETHE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE LIONS FIELD FINAL PLAT FINDINGS OF FACT,CONCLUSIONS,AND DE CISION HEARING BEFORE THE PLANNING COMMISSION 1.1 1.2 1.3 1.4 Date. A public meeting was held upon proper noticebefore the Commissionon January 24, 2002, Proponent.The Moses Lake School District is the proponent of this plat. Purpose. The proponenthas submitteda platforpropertywhich is legally described uponthe plat.City staffhas confirmed the property described onthe platisthe property submitted for platting. 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 evidence presented to them, the Commission makes the following findings offact: 2.1 The proponent is the owner of the property. 2.2 The property is currently zoned Public. 2.3 The plat is consistent with the Comprehensive Plan. 2.4 Platting the property is the public interest. 2.5 Platting the property provides for the expansion of an existing use. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission makes the following conclusions: 3.1 The Planning Commission of theCityof 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.RECOMMENDATION OF THE PLANNING COMMISSION. On the basisof theforegoing findings of fact and conclusions,itis the recommendation of the Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake 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:February0,2004 Ronald C.Covey,Mayor