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2004 09 14^J 6148 MOSES LAKE CITY COUNCIL September 14,2004 Council Present:Ron Covey,Brent Reese,Lee Blackwell,Steve Shinn,Dick Deane,and Jon Lane Absent:Richard Pearce PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the Pledge of Allegiance. MINUTES:Mr.Blackwell moved that the minutes of the August 24,2004 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 certified by the Finance Directoras required by RCW 42.24.080,and those expense reimbursement claims certified as required by RCW 42.24.090,have been recorded on a listing which has been made available to the Council for approval. As of September 14,2004 the Council does approve forpayment prepaid claims of$8,037,482.09. PRESENTATIONS AND AWARDS Vision 2020 Visionary Award Vision 2020 presented the August 2004 Visionary Award to Greg and Adrienne Stickland,owners of Noon Moon and Baby Naturally. CONSENT AGENDA /0/2 u Resolution -Accept Donation -Wal-Mart Foundation:A resolution was presented which accepts /OVC> $750 from the Moses Lake Wal-Mart.The funds are to be used for the Special Olympics Program. Resolution- Accept Easement - Peterson Properties:A resolution was presented whichaccepts /0/3 an easement from L.Peterson Properties,LLC for municipal purposes and uses along Kentucky Drive. 2002 Paver Maintenance Proiect:Harden Construction has completed work on the 2002 Paver /O /6 Maintenance Project.The work should be accepted and the 45-day lien period entered into. Resolution -Fairground Improvements:A resolution was presented which supports the ~YYl improvements to the facilities at the Grant County Fairgrounds. Action Taken:Mr.Blackwell moved thatthe ConsentAgenda be approved,seconded byMr.Shinn, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS PATHS AND TRAILS PLANNING Julie Harper, Harper Law Firm,has indicated that $19,000 is available through a charitable trust to begin the improvements of the city's trail system.The grant ofthe funds to the city is based on two conditions -that the city match the amount of the pledge dollar for dollar and that a portion of the proposed trail be built this year,as a model of the proposed trial project,complete with lights, benches,trail and signage. Ms.Harper stated that the funds from the trust must go towards capital improvements and cannot be used for administrative purposes.She recommended that the trail connect Neppel Park at the Windermere Real Estate building and McCosh Park.This trail would utilize Dogwood Street and connect Frontier School,the Skateboard Park,Neppel Park,and McCosh Park.She felt it was important to have a part ofthe trail completed this fall so that the citizens of Moses Lake can see what it will look like. ^_y Action Taken:Mr.Shinn moved that the city accept the $19,000 in accordance with the terms and conditions and that the funds be used for the demonstration project on Dogwood,seconded by Mr. Lane,and passed unanimously. INSURANCE-WCIA Lew Leigh,Executive Director,Washington Cities Insurance Authority (WCIA),stated that the city joined WCIA the firstof September.The WCIA is a municipal risk poolwith $104 million in assets. He explained the services offered byWCIA to its membership. JA to /ft?' ?1 /at* 6149 CITY COUNCIL MINUTES September 14,2004 ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND SPEED LIMITS -2nd READING An ordinance was presented which adopts speed limits forallinternal and access roadways located on the Municipal Airport. The ordinance amending Chapter 10.10 ofthe Moses Lake Municipal Code entitled "Speed Limits" was read by title only. Action Taken:Mr.Reese moved that the second reading ofthe ordinance be adopted,seconded f~*) by Mr.Deane,and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION THE LAKES PRELIMINARY PLAT -APPEAL The Community Development Department has received an appeal to the denial of The Lakes Preliminary Plat by the Planning Commission. Mayor Covey stated that this is a closed record hearing and explained the process. None of the Council members have a financial interest in the matter and none of them have had any communication with anyone on this matter.No party of record objected to any Council member's participation inthe closed record hearing.All Council members indicated they could hear and consider the matter in a fair and objective manner. Mayor Covey stated that no new evidence may be introduced.Council members may ask questions ofthe parties during their arguments and may ask questions ofstaff after the close ofthe arguments.At the conclusion of the arguments and Council questions,the Council will take the matter under consideration.At the end of the meeting the Council will adjourn to an executive session to deliberate the matter.No decision will be made at this meeting. Pat Carroll,proponent,stated that all comments and information were made and submitted atthe ^-^ Planning Commission meeting. He stated that the reason for pursuing the matter is that it is f i believed the city is not acting in accordance with the law. Mr.Shinn questioned staff on the location of the plat and the proposed roadway. GilbertAlvarado,Community Development Director,stated thatthe proposed development iswithin the city's limitsbut the propertyto the south is inthe county and is not withinthe city's UGA. At the time the Bud Wiser Plat was approved by the county,there was a notation that at some point the temporary cul de sac would be abandoned when Hamilton Street is extended. Phil Bloom,Columbia Northwest Engineering,stated that partofthe roaddedications withinthe Bud Wiser Platdo have a temporary cul-de-sac at the end.This is normallydone on any platwhere the road ends in a dead end.Hamilton Road is paved 26'wide as a double shot BST road,which was county standard at the time the road was developed. Mayor Covey wanted to know ifan alternative route for the road has been suggested. Mr.Carroll stated that his attorney sent a brief today addressing the issue of the location of the road.The brief included a map showing an alternate route going east and then south along the perimeter of the property. He stated that the crux of the matter is who is going to pay for the improvements.He stated that his projectwould only contribute 5% to the traffic and so he is not going to pay for it. Mr.Shinn requested clarification on the comments ofthe Fire Marshal. Mr.Alvarado stated that the proponent had requested comments from the Fire Marshal on the proposed entrance to the park.The comments did not address the extension of Hamilton Road, only the design of the entrance to the proposed manufactured home park. There was some discussion by the Council. Mr.Blackwell asked about the procedure as it pertains to the written brief submitted by Steven P. Recor,attorney for the proponent. James A.Whitaker,City Attorney,stated that it would be treated as a written submission of argument,which is permitted.Since the comments were submitted at the meeting,the Council will be unable to make a decision at this time. Mr.Pearce questioned Mr.Carroll on the amount he believes he should pay for the construction ofthe street. r) 6150 CITY COUNCIL MINUTES September 14,2004 Mr.Carroll stated that according to the traffic study he felt that he should only have to pay between 3%and 5%ofthe costofthe street since that is allthe impact his project would have on the street. Mayor Covey stated that the Council will discuss the matter in an executive session at the close of the regular session but no decision will be made until the Council has time to review the submitted written material. JOINT PURCHASING AGREEMENT -CITY OF BELLEVUE s-An Inter-localJoint Purchasing Agreementbetween the City ofMoses Lake and the City ofBellevueijwaspresented.This agreement will allow the city to purchase goods and services onthe same ^-^termsand conditions asthe City of Bellevue whenthe bidder iswilling toextendthose prices tothe City of Moses Lake. Joseph K.Gavinski,City Manager,stated that this is anothertool for the city's use butthere are no immediate goods or services the city is looking for. Action Taken:Mr.Shinn moved that the City Manager be authorized to sign the contract,seconded by Mr.Blackwell,and passed unanimously. SALE OF PROPERTY The proposed Purchase and Sale Agreement between First Western Development Services,Inc. and the City of Moses Lake with regard to Parcel 3 of Parkplace Plaza No. 2 was presented. Joseph K.Gavinski,City Manager,stated that there are a few changes that need to be made in the agreement.He recommended that in Section 24 that the words "August 30,2004 (if not filled in, the third businessday following the last Buyer signaturedate below)"be eliminated and"September 20"be substituted.In Section 25,the words after the first comma be deleted to "paid therefrom" and the sentence beginning with "Neither"and ending with "compensation"be deleted.In Section 20 the last two sentences should be deleted. Action Taken:Mr.Shinn moved that the City Manager be authorized to sign the changed agreement,seconded by Mr.Lane,and passed unanimously. PETERSEN SHORT PLAT -COVENANT There is a covenant on the Petersen Short Plat located on Tyndall Road allowing the constructionK^J of street and utility improvements ata time determined bythecity.Basin Asphalt isconsidering the purchase of Lot7 inthis platforthe construction of a gravel pitand wanted to know ifthis purchase would triggerthe covenant.Basin Asphalt is proposing to drill a well and installan on-site septic system,both ofwhich will be administered by the Grant County Health District. Gary Harer,Municipal Services Director,stated that a new well would create a Group B water system.Both the WACs and the Grant County Coordinated Water System Plan recommend against establishing Group B water systems and indicating that developments should connect to existing systems.The existing water main is about 3,600'away. Joseph K.Gavinski, City Manager,stated that the purchase of the lotwould not triggerthe calling of the covenant but does not preclude itfrom being called inthe future. There was some discussion by the Council. Bill Hordan,BasinAsphalt, stated that they are requesting a conditional use permitfromthe county forthis property.The propertyis 33 acres fronting on Road 7 NE.The proposal is fora 1700'office and 4,500'shop.There are five employees at this site.Water usagewould consist of toilets,sinks, and a self-contained truckwashing system.He mentioned thatthis isa seasonal business running from April to November.Extending the water linethrough their propertywould costabout $61,250. He requested a waiver from the city to the extension of utilities that could be attached to the conditional use permit being considered by the county. There was some discussion bythe Council. kj Mr.Alvaradostated that the citygranted a waiverto the Peterson Short Platto the requirementto extend utilitiesand that waiver attaches to alllots inthe plat. He mentioned that the city will contact the county and clarify that the covenant was for all the lots in the Peterson Short Plat. DOGWOOD STREET -DEMONSTRATION PROJECT Staff has prepared a preliminary plan for a demonstration project for the Activity Trail along Dogwood Street from Neppel Landing to McCosh Park. This project includes painting 10"traffic lanes, 4' bike lanes, and diagonal parking for back-in parking along both sides of DogwoodStreet from Broadway Avenue to Fourth Avenue,constructing curb extensions a t the Broadway and Dogwood intersection,and painting the curb extensions at the Third Avenue and Fourth Avenue intersections.There will be landscaping installed in the curb extensions and at the end of Dogwood. /O/x /ovo //*(? /ot/O 6151 CITY COUNCIL MINUTES September 14,2004 GaryHarer,Municipal Services Director,submitted a drawing showingthe proposed improvements to Dogwood from Neppel Parkto McCosh Park.He mentioned that in addition to the trail portion of the project,there will also be included diagonal parking and the nodes along Dogwood.It is proposed to actually construct the nodes on Dogwood but to paint or use some other material on Broadway and Third Avenue,since it is unknown what will happen on those streets at this time. The diagonal parking will be set up so that cars back in. The advantage to back-in parking isthat the driver can seewhen pulling out intotraffic.Hefeltthatthe striping couldbe done this year. He mentioned that the proposed Dogwood Court is within the paver district and since bicycles are prohibited in the paver district,the paver district would have to be amended.He mentioned that there is no stafftime to work on this project. Kathryn Jones,109 Astro Lane, stated that they have a business at the cornerof Dogwoodand Third.She was infavorofthe projectbutwas concerned withsafely crossing Broadwaysince there is no stop light atthe Dogwood and Broadwayintersection.She pointedout thatthere is a light at Ash Street and wanted to know why Ash was not considered forthis demonstration project.She mentioned that school buses could not safely negotiate the turn from Dogwood onto Third within a 10'travel lane.She also pointed out that many of the long bed pick ups would protrude intothe bike path.She stated out that buses are 10'wide and this isa concern since itis proposed thatthe travel lanes on Dogwoodwould be reduced to a 10'width.Because of the safety concerns,she suggested that the demonstration project be moved to Ash Street. Mr.Harer stated that the citywouldworkwiththe School District to address the safety issues for the buses.He pointed out that the Dogwood and Broadwayintersection is heavily used by the students from FrontierMiddleSchool.There isa crosswalk atthat intersection and the cityistrying to make it safer.He mentioned that Dogwood was chosen for the demonstration project because there is already a connection to Neppel Park and it would be adjacent to Frontier Middle School, the Skateboard Park, and a fast food restaurant.The sidewalks on Dogwood also need to be worked on and this project would aid that needed repair. Tom Sieler,9317 Goodrich Road,ownerof a business on the corner of Dogwood and Third,stated that he is in favor of the project but has some ofthe same safety concerns as Ms.Jones.He was concerned that the back-in parking may be a problem for elderly drivers. He suggested that perhaps the bike path could be placed just on one side of Dogwood in conjunction with parallel parking.That would place the pedestrians next to the building,then the bike path,and then the parked cars next to the travel lanes. P. J.DeBenedetti,School District,stated thatthey like the back-in parking concept but itwill require a learning curve for the public. He felt that the design of project will aid in slowing traffic in this area. Jacie Daschel,4072 Cove West Drive,Vision 2020,stated that she supports this project and felt the details could be worked out.She mentioned that according to information received,there are 22 uses for bike paths,only 2 of which are for bikes. Brenda Teals,311 Northshore,stated thatthe presentations given by Dan Burden helped towards the visualization of a more walkable and rideable city.She urged the city to accept the grant and work on the connection for the trail system.She felt that visual progress is needed for the ideas being proposed through Vision 2020 and the Trails Planning Team. There was some discussion by the Council. Action Taken:Mr.Pearce moved that the project be approved,seconded by Mr.Blackwell,and passed unanimously. SINKIUSE SQUARE REDESIGN/RECONSTRUCTION The redesign and reconstruction of Sinkiuse Square is a project that Vision 2020 considers a priorityand a request has been made for the Council to consider the issue. Mr.Blackwell stated that it has been previously suggested that Sinkiuse Square be redeveloped as a park rather than used as a parking lot. He mentioned that Vision 2020 and Dan Burden have suggested that conversion. There was some discussion bythe Council. LeAnn Pauley,7674 Dick Road,stated that she is in favor of the redesign of Sinkiuse Square. There was some additional discussion by the Council. Action Taken:Mr.Blackwell moved that staffwork towards the development ofthe downtown area especially as it relates to Sinkiuse Square,seconded by Mr.Shinn,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None r> n n 6152 CITY COUNCIL MINUTES September 14,2004 COUNCIL QUESTIONS AND COMMENTS AGCCT MEETING Mayor Covey reminded the Council of the AGCCT meeting on Thursday,September 30,at 6:30 p.m. CITY MANAGER REPORTS AND COMMENTS COUNCIL CHAMBERS -PA SYSTEM 3D Joseph K.Gavinski,City Manager,submitted information on the research the city staff has done on the public address system in the Council Chambers.Staff is continuing to work on this project. BUILDING ACTIVITY REPORT The August 2004 Building Activity Report was submitted to Council DEVELOPMENT PROJECTS UPDATES Gilbert Alvarado,Community Development Director,submitted an inventory report on the current Community Development projects. /Mi /DiO/l SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,reported that the city received $328,637.59 in sales tax and $34,139.44 in transient rental income in August 2004. BONDS /JOOJosephK.Gavinski,City Manager,stated that the city received an A-rating on the bonds to be sold.The bond insurance will take the bond rating to a AAA rating.Staff will evaluate the reports and determine ifit is better for the city to purchase the bond insurance or sell the bonds without the insurance. 2005 BUDGET Joseph K.Gavinski,City Manager,stated that the 2005 budget will be presented to the Council in the near future.There will be few extra projects or equipment purchases but there are also no staff cuts. The regular meeting was adjourned at 10 p.m.and the Council met in executive session to discuss The Lakes Plat appeal.The executive session was adjourned at 10:30p.m.and_the renu meeting was reconvened.The regular meeting waa-adjOQrned at^:30^rfrL ATTEST:Ronald C.Covey,MayoP*^ Ronald R.Cone,Finance Director