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2004 12 286183 MOSES LAKE CITY COUNCIL December 28,2004 Council Present:Ron Covey,Richard Pearce,Dick Deane,Lee Blackwell,and Steve Shinn Absent:Jon Lane and Brent Reese PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the Pledge of Allegiance. MINUTES:Mr.Blackwell moved that the minutes of the December 14,2004 meeting be approved as submitted,seconded by Mr.Pearce,and passed unanimously. (^J APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Shinn moved that the bills,checks,and prepaid claims issued be approved, seconded by Mr.Pearce,and passed unanimously. Vouchers audited and certified by the Finance Director as 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 December 28,2004 the Council does approve for payment vouchers in the amount of $276,497.65 and prepaid claims of $2,008.89,$125,516.79,$41,223.12,and $48,732.88. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Valley View Final Plat/Findinas of Fact:The Valley View Final Plat and Findings of Fact were submitted for approval.The plat is located northeast of the Valley Road and Paxson Drive intersection. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr. Blackwell,and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 2004 BUDGET -SINGLE READING An ordinance was presented which amends the 2004 budget. u /M(p /D/O The ordinance amending the 2004 budget forthe Cityof Moses Lake,Washington was read bytitle only. Action Taken:Mr.Blackwell moved that the ordinance be adopted on a single reading ifa majority plusone ofthewholemembershipofthe Council vote in favor of passage, seconded by Mr.Deane, and failed to pass as an emergency ordinance but passed as a first reading with Mr.Shinn opposed. ORDINANCE -AMEND 2004 BUDGET -2nd READING /d)/Q An ordinance was presented which amends the 2004 budget. The ordinanceamending the 2004 budget for the Cityof Moses Lake,Washington was readby title only. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.Blackwell,and passed with Mr.Shinn opposed. ORDINANCE -WATER AND SEWER CONNECTIONS-2nd READING /An ordinance was presented which establishes a reimbursement schedule for the water main V/installed by the Department of Transportation along Wanapum Drive,Broadway Avenue, and Lakeshore Drive. The ordinance amending Chapter 13.08 ofthe Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. /07S lOtf /m )QL/(* llltl* fUlp 6184 CITY COUNCIL MINUTES December 28,2004 ORDINANCE -FRANCHISE -HIGHLAND HOLDING CO..LLC - 2nd READING An ordinance was presented which grants a franchise to Highland Holding Company,LLC for an existing 8" irrigationmain to remain in the newly created right-of-way of Moses Lake Boulevard. The ordinance granting to Highland Holding Company,LLC the right and franchise to use and occupy designated streets,alleys,and other public places and ways of the City of Moses Lake, Washington,to maintain, repair,renew and operate an underground irrigation main in conduitwithin and through certain portions of the Cityof Moses Lake,Washington was read by titleonly. Action Taken:Mr.Shinn moved that the second reading ofthe ordinance be adopted,seconded S~} by Mr.Blackwell,and passed unanimously. ORDINANCE -VACATE ALLEY - 2nd READING Elissa Reiley,on behalf of RobertT.Shaffo,has requested the vacation ofthe alley adjacentto Lots 1 - 6 and 19 -24 in Block 106,Suko-Penhallurick Addition. This vacation request was withdrawn at the request of the proponent. ORDINANCE -AMEND SUN BASIN PLANNED UNIT COMMERCIAL DEVELOPMENT DISTRICT NO.3-1SI READING An ordinance was presented which amends the Sun Basin Planned UnitCommercial Development District No.3 by allowing a seniorapartmentcomplex to be constructed on Lot2 ratherthan a four- plex. The ordinance amending Ordinance No. 2182 creating Sun Basin Planned Unit Commercial Development DistrictNo. 3 was read by title only. Action Taken:Mr.Deane moved that the first reading of the ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. RESOLUTION -ACCEPT DONATION -TRAFFIC SAFETY TASK FORCE A resolution was presented which accepts the donation of $2,000 from the Traffic Safety Task Force throughSamaritan Healthcare Foundation.The funds will be used to purchase mobiledata terminals forthe patrol vehicles as partof the city's Safe Streets Program. The resolution accepting a donation to the Moses Lake Police Department Safe Streets Program was read by title only. Action Taken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Shinn,and passed unanimously. REQUEST TO CALL FOR BIDS OPERATIONS INFRASTRUCTURE PROJECT n Avenue to the Municipal Airport,and installinga water main and constructing street improvements at the proposed Operations Complex. Gary Harer,Municipal Services Director,stated that this is a two part project. One partis forthe extension of sewer to the ASPI property on Patton Boulevard and the other is the extension of sewer to the Municipal Airport. Action Taken:Mr.Blackwell moved that staff be authorized to call for bids,seconded by Mr. Deane,and passed with Mr.Shinn opposed. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION CHANDLER MAJOR PLAT -DEFERRAL OF REIMBURSEMENTS O The Chandler family owns propertyon East Broadway Extended which was brought intothe city with the Wheeler Road annexation.There is an on-site well and the Chandlers wish to use the well to supply water to a building being constructed on the property. However, the Chandlers are also willing to connect to the city'swater system which frontsthe propertyifthe reimbursement payable to the city is deferred untilthe next building permit or request to connect to city water is requestedontheChandlerMajorPlat.All other fees would be paid tothe city with the first connection tothe city's water system includingthe utility system development charges.The only thing not paidwith the first connection and deferred to the second connection would be the reimbursement charges for the water main. u u 6185 CITY COUNCIL MINUTES December 28,2004 Mayor Covey felt that the deferral ofthe reimbursement charges should not exceed two years. Dave Chandler stated that they are currently in negotiations for the further development of the property and a requestto connect to citywater or fora building permit should be coming inthe near future. Action Taken:Mr.Pearce moved that the request to defer the water main connection charges on the Chandler MajorPlat be approved untilthe next request to connect to city water ora request for a building permit but, in any case,no longer than two years,seconded by Mr.Blackwell, and passed unanimously. PELICAN HORN CROSSING AND JONES AVENUE A developer is proposing to plata portion of the property located between Division Street,the lake, and Linden Avenue.This platwill include the extension of Jones Avenue,which is a partof the ring road layout. Crossing the lake at Pelican Horn was discussed by the Council in a study session on August 15,2000.The Council was concerned about the costofthis crossing but thought itwas still worth pursuing. Constructing the lake crossing and this portion of Jones Avenue is only feasible if the city receives a TIB grant from the state,which is not likely in the near future. Extending Jones Avenue from Division Street to the lake would be expensive because of the steep grade west of Division Street.There would be approximately 55,000 cubic yards of imported fill, and up to 18'high fills that would require right-of-waywidths exceeding 120'.The citywould need to purchase this right-of-way before this propertyis platted.Staff is requesting direction from the Council on the lake crossing,the extension of Jones Avenue,and whether or not a street layout linkingthe Pelican Horn lake crossing to Linden Avenue should be required during the platting process. Gary Harer,Municipal Services Director,stated thatthere are currently two developers interested in platting the property west of Division Street. The area west of Division Street is a difficult area in which to construct a street from Division because ofthe slope.Itwill also cost the city between $300,000 and $400,000 just for importing the required fill material.There is the possibilityof extending Beaumontto connecttothe proposedlakecrossingand using Lindento access Division. Staff is requesting Council direction on whether or not to continue with the lake crossing,the extension of Jones Avenue to the west of Division,and the extension of Beaumont to connect to either the lake crossing or the extension of Jones Avenue. Mr.Shinn felt that additional information is needed and suggested that Council consider the issue at the Council/staff Retreat. Gilbert Alvarado,Community Development Director,stated thatthere are currently twodevelopers looking todeveloptheareaeast of Division andthe route ofJones AvenuetoYonezawa Boulevard will affect their proposals.There is also a developer investigating the property to the west of Division and the extension or not of Jones Avenue into that area will affect that developer. Mr.Pearce mentioned that the extension of Beaumont would direct traffic to Linden to access Division and questionedwhetherornot Linden shouldbe extended through to Jones Avenue. He pointed outthat Linden isalsoa steep street from Beaumontto Division. Mr.Harer pointed outthat Linden is a 40'wide streetwest of Division but narrows to 36'east of Division which could create a bottleneck for traffic. Phil Bloom,Columbia Northwest Engineering,stated that the property owners intend to extend Lindento the end of theirdevelopment, which does not connect to Jones Avenue in its current location.He mentioned that inthe platting layouts of the property west of Division,Beaumont is being extended to serve the property. Mr.Blackwell felt that the extension of Jones Avenue should be abandoned and Beaumont be extended to serve the property. Mr.Harer stated that the steep slope to the west of Division makes the issue of a lake crossing questionable.The construction ofa lake crossing is only feasible with TIB funds and this project would be a low priority. Mr.Pearce pointed out that the city needs trails and walkways for pedestrians and bicyclists and the Trails Team is using this existing lake crossing as part of the trail system. ^-^Mr.Deane mentioned that a vehicle lake crossing would increase traffic through an existing residential neighborhood. Mayor Covey felt that theextension of Jones Avenue tothewestis prohibitive because ofthecost. He felt that the extension of Beaumont was feasible but felt that the lake crossing in this area should be developed as partof the trails projectinstead of for vehicles. Action Taken:Mr.Blackwell moved that Jones Avenue west of Divisionbe abandoned and that Beaumont be extended to serve the area, and Jones Avenue be extended north of Yonezawa and connected to Division Street at the present location,seconded by Mr.Shinn, and passed unanimously. /o/<? 120O 1193 6186 CITY COUNCIL MINUTES December 28,2004 SEWER MAIN IMPROVEMENTS -COVENANTS Staff requested authorization to callinthe covenants on the Broadway Business Park South Major Platand Irrigator's,Inc. MajorPlatinorder to install sewer main improvements on East Broadway. Gary Harer,Municipal Services Director,stated that at the time the area was platted the location and size of a future sewer line was unknown,so covenants were established for a 6"force main behind the sidewalk.The city will be installing a 4" force main in Broadway in front of these plats. The Broadway Business ParkSouth Major Platwill only be requiredto paythe cost of installing the sewer behind the sidewalk rather than in Broadway.The covenant for the Irrigator's, Inc.property requires sewer improvements so that property will be required to pay for placing the sewer in /•> Broadway.' There was some discussion by the Council. KevinStarcher, HotSprings Spa, 993 E. Broadway, pointed outthatthe property across Broadway is unplattedand wanted to know ifthey would be required to help pay for the sewer main. Mr.Harer stated thatthe other propertyowners will be requiredto paytheir share ofthe sewer main when they hook into the line. Mel Updegrave,Irrigator's Inc.,mentioned that he is already hooked to sewer. Mr.Harer pointedout that Irrigator's,Inc.is connected to sewer through a privateagreement with an adjoining property owner. The platting process requires a property owner to extend sewer through his platso that additional propertycan connect. That was the purpose of the covenant. Bob Fancher,Desert Investment,stated that they are the developers of the Broadway Business ParkSouth Major Platand have no problemwiththe citycalling inthe covenant. He suggested the sewer main be placed behind the sidewalk if possible to avoiddiggingup the street and would be willing to provideany necessary easements.He pointed out that the covenant states that up to a 6"forcemain may be requiredand he didnot feel they should be requiredto participate more than the cost ofa 4" main behind the sidewalk.He also wanted to know if other property owners would be able to connect to the force main. Mr.Harer stated that this force main will have very low pressure and propertyowners should be able to connect to the main. Action Taken:Mr.Deane moved that staff be directed to call in the covenants on the Broadway (~*} Business ParkSouth Major Platand the Irrigator's Inc.Major Plat,seconded by Mr.Blackwell,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS SOUTHEAST ASIA NATURAL DISASTER Mr.Pearce mentioned that Moses Lake is a good place to live but the Council should remember the deaths in southeast Asia caused by the earthquake and tsunamis. A moment of silence was observed. STATE AUDITOR RESPONSE Mr.Deane distributed a letter concerning the findings ofthe State Auditor on the previously raised issue of a possible conflict of interest on the partof a Councilman and other possible improprieties on the part of the city. He pointed out that the State Auditor found no wrong doing on the part of the Councilman or the city. He recommended that the Council proceed as a team in the future. HEALTH DISTRICT APPOINTMENT Mayor Covey re-appointed Mr.Blackwell to the Grant County Board of Health. COUNCIL MEETING Mayor Covey mentioned that there will be three Councilmen unable to make the January 25 i) meeting and suggested that the meeting be rescheduled to January 18. Mr.Blackwell mentioned that he also would be out of town on January 25. Action Taken:Mr.Blackwell moved that the January 25 meeting be rescheduled to January 18, seconded by Mr.Pearce,and passed unanimously. w 6187 CITY COUNCIL MINUTES December 28,2004 CITY MANAGER REPORTS AND COMMENTS SALE OF CITY-OWNED PROPERTY Joseph K.Gavinski,City Manager,stated that the city received an offerfor the city-owned lot at 623 Garden Drive.This is a residential lot the city acquired as a result of an LID foreclosure in the 1970s.The city has no use for this lot. He mentioned that there are drainage issues with this lot and those have been fully disclosed but someone is still interested in purchasing the lot.The fair market value of the lot is about $15,000. Action Taken:Mr.Pearce moved that the City Manager be authorized to negotiate the sale of the lot,seconded by Mr.Blackwell,and passed unanimously. VEHICLE STORAGE A draft of the residential vehicle storage ordinance was provided along with information from other jurisdictions with regard to residential vehicle storage,junk vehicles,and vehicle parking. Joseph K.Gavinski,City Manager,stated that the material is provided for information purposes only at this time.The vehicle ordinance will be studied by the Planning Commission and then brought to the Council for action. BUILDING ACTIVITY REPORT The building activity report for the month of November 2004 was presented. INVESTMENT REPORT Joseph K.Gavinski, City Manager,reported that the city received $62,570.83 ininvestment income for November 2004. /oyo /A5V /O3o/I /OQ3 SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,reported that the city received $333,738.30 in sales tax and $38,569.68 in transient rental income in November 2004 and $305,309.69 in sales tax and $22,432.04 in transient rental income in December 2004. NUISANCE ORDINANCE A draft of an ordinance amending the nuisance regulations was provided. Joseph K.Gavinski, CityManager,stated that the ordinance is submitted for information onlyat this time.The ordinance will be studied by the Planning Commission and then brought to the Council for action. OPERATIONS/MAINTENANCE FACILITY Gary G. Harer,Municipal Services Director,requested direction from the Council on the improvements to the private road to be constructed along the east side of the proposed operations/maintenance facility located adjacent tothe Municipal Airporton Road 4. Since the road is private, staff is proposing that itbe constructed with asphalt,curb, and gutter, but no sidewalks. Mr.Pearce stated that he had no objection to the lack of sidewalks on the road but suggested that the location of the electrical line shown on the map be corrected as it is adjacent to the proposed road and not located within the parcels on the Municipal Airport. He also wanted to know if users ofthe Municipal Airportwould be required to pay their share forthe water linethat was constructed along the west side of the airport. Mr.Harer stated that anyone hooking to the water linewould be required to pay their share of the construction costs. Itwas the consensus of the Council that the private road should be constructed without sidewalks. The regular meeting was adjourned at 8:30 p.m. Ronald C.Covey,Mayor ATTEST: tonald R.Cone,Finance Director //<53 /OVOsf BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE VALLEY VIEW FINAL PLAT FINDINGS OF FACT,CONCLUSIONS,AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date.A public meeting was held upon proper notice before the Commission on November 4, 2004. 1.2 Proponent.Hayden Enterprises,Inc. is the proponent of this plat. 1.3 Purpose.The proponent has submitted a plat for property which is legally described upon the plat. City staff has confirmed the property described on the plat is the property submitted for platting. 1.4 Evidence.The Commission considered the following materials in reaching its decision: A.The submitted plat. B.Staff report and attachments. C.Testimony from proponent 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 R-3, Multi Family Residential and R-2,Single and Two 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 determine approval of plats. 3.2 The plat is properly before the Commission for its determination. 3.3 It is proper at this time for the Planning Commission to make a determination 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 of the foregoing findings of fact and conclusions,itis the recommendation of the Planning Commission that the plat be approved with the condition that the comments of the Development Engineer be addressed and that all fees assessed by the Planning Commission and MDNS are paid to the city before the plat is recorded. 5.DECISION OF THE CITY COUNCIL. The City Council of the City of Moses Lake approves the final plat. Dated:December 28^2004