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2005 01 116188 MOSES LAKE CITY COUNCIL January 11,2005 Council Present:Ron Covey,Richard Pearce,Dick Deane,Steve Shinn,Jon Lane and Brent Reese Absent:Lee Blackwell PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the Pledge of Allegiance. MINUTES:Mr.Pearce moved that the minutes of the December 28,2004 meeting be approved as submitted,seconded by Mr.Deane,and passed unanimously. M APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved, seconded by Mr.Peace,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 January 11,2005 the Council does approve for payment vouchers in the amount of $640,791.42 and prepaid claims of $280,000.00 and $29,790.71. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Glenmoor Reach 2 Final Plat/Findings of Fact:The Glenmoor Reach 2 Final Plat and Findings of //Jf* Fact were presented for approval.The plat is located at the southeast corner ofthe Lakeshore '^ Drive and Battery Drive intersection. Sun Basin Major Plat and Planned Unit Commercial Development District#3/Findinas of Fact:The Sun Basin Major Platand Planned UnitCommercial Development District #3 and Findings of Fact were presented for approval. The plat is located east of Patton Boulevard, south of ASPI Boulevard,and north of Harris Road. Action Taken:Mr.Lane moved that the Consent Agenda be approved,seconded by Mr.Reese, and passed unanimously. O COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS VISION 2020 VISIONARY AWARD The December Visionary Award from Vision 2020 was presented to Red Rock Creek Gallery for theirfacade improvementsand uniquewestern furniture andaccessories business in the heartof downtown Moses Lake. VISION 2020 -BRING COLOR TO OUR CITY Jacie Daschle, Vision 2020,distributed information on the "Bring Colorto our City"project. This is a project to plant flowers in strategic areas of the city to improve its appearance for the community and visitors. Ms.Daschle stated that the idea isto bringcolorto visible areas in the cityas well as the entrances. There aretwoEagleScouts thatwill be working onthis project butthe helpofthe parksdepartment will also be needed.At this time it is proposed to have planters with flowers at each of the guardrails at the lakeside dead ends of Ash,Cedar,and Dogwood,flowers under the trees on Neppel Crossing,large planters atthe ends of the fill as approved bythe Parks and Recreation Department,andperennial andannual flowers atthe major gateways andentrance signstothe city. Allthe areas will be watered with drip lines. Vision 2020 is requesting $5,000 fromthe cityforthis project as well as the assistanceofthe Parks and Recreation Department.She mentioned that additional flowers are proposed all along Broadway butthat will be done in the future because ofljtheneedtoremoveredrockandimprovethesoilintheexistingplantedareas.She stated that ^—/Vision 2020 would plant and maintain the flowers. Dale Good spoke in favor of the project. There was some discussion by the Council. ActionTaken:Mr.Shinn moved that the cityallocate up to $5,000 forthe "Bring Colorto our City" project,seconded by Mr.Lane, and passed unanimously. /©£? s/0 7 6189 CITY COUNCIL MINUTES January 11,2005 ORDINANCES AND RESOLUTIONS /O/O ORDINANCE -AMEND 2004 BUDGET -2nd READING An ordinance was presented which amends the 2004 budget. The ordinance amending the 2004 budgetfor the City of Moses Lake,Washington was read by title only. Action Taken:Mr.Deane moved thatthe second reading ofthe ordinance be adopted,seconded ^^^ by Mr.Pearce,and passed with Mr.Shinnopposed.() //AU ion ORDINANCE -AMEND SUN BASIN PLANNED UNIT COMMERCIAL DEVELOPMENT DISTRICT NO.3 -2NU READING An ordinancewas presented which amends the Sun Basin Planned Unit Commercial Development District No. 3 by allowinga senior apartment complex to be constructed on Lot2 ratherthan a four- plex. The ordinance amending Ordinance No.2182 creating Sun Basin Planned Unit Commercial Development District No. 3 was read by title only. Action Taken:Mr.Pearce moved that the second reading ofthe ordinance be adopted,seconded by Mr.Reese,and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION DIVISION STREET BRIDGE Staff requested direction from Council on the construction of the I-90 overpass at Division Street. There are three options - four lane bridge without sidewalks and a separate pedestrian bridge;two lane bridge with conventional sidewalks on each side;and two lane bridge with jersey rail that would delineate a walkway on one side.The first option would require the city to pay for the pedestrian bridge,while the other two options would not require anycity funding for the bridge itself.^^ The cost of the pedestrian bridge would be between $870,000 and $950,000.Staff recommended \) option 3 if the Council decides not to construct the pedestrian bridge.This would allow the bridge to be easily converted to four lanes when the need arises.Should Option 3 be selected,a conduit will need to be bored under I-90 for relocating the 20"force main. There was some discussion by the Council. Action Taken:Mr.Deane moved that Council direct staff to proceed with the four lane bridge and a separate pedestrian bridge as the first choice and the two lane bridge with jersey rail as the second choice,and include boring under I-90 as part of the Operations Infrastructure Project, seconded by Mr.Lane,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS 2005 LEGISLATIVE CONFERENCE Joseph K.Gavinski,City Manager,reminded the Council ofthe upcoming Legislative Conference. 119 7 VEHICLE STORAGE ORDINANCE Joseph K.Gavinski,City Manager,stated that the draft vehicle storage ordinance has been provided to the Planning Commission for their review. NUISANCE ORDINANCE Joseph K.Gavinski,City Manager,stated that the draft nuisance ordinance has been provided to the Planning Commission for their review. /fllOA BUILDING ACTIVITY REPORT The building activity report for the month of December 2004 was presented. GAMBLING TAX REPORT n ,/#/? Joseph K.Gavinski,City Manager,reported that the city received $86,833.65 from gambling taxes for the fourth quarter of 2004. <J 6190 CITY COUNCIL MINUTES January 11, 2005 DEVELOPMENT PROJECT UPDATES GilbertAlvarado,Community Development Director,submitted a report informing the Council of the progress of various projects in the city. MCCOSH PARK -RESTROOM Joseph K.Gavinski, City Manager,reported that the city will receive $55,000 from the insurance on the restroom destroyed at McCosh Park.Staff would like to install a larger pre-fab unit that will cost about $100,000. There was some discussion by the Council. Action Taken:Mr.Shinn moved that staff be authorized to replace the restroom with the larger pre fab unit,seconded by Mr.Reese,and passed unanimously. WATER TOWER RENTAL Joseph K.Gavinski,City Manager,reported that since January 1,2003 the city has received $77,869.36 from the water tower rentals.The funds are to be used for the construction of restrooms. TRAFFIC ENFORCEMENT REPORT Areport onthe number and type ofcitations issued by the Police Department was presented.//// The regular meeting was recessed at 8:30 and the Council met inexecutive session to discuss The Lakes Major Plat and Conditional Use Permit and litigation.The executive session was adjourned at 9 p.m.the regular meeting was reconvened. THE LAKES MAJOR PLAT/CONDITIONAL USE PERMIT -APPEAL The CityCouncil previously approved the Findings of Fact,Conclusions,and Decision with regard to The Lakes Major Plat.The Findings of Fact supported a remand back to the Planning Commission for further review of the project.The Council determined that Planning Commission's denial of the Conditional Use Permit for mootness failed to provide a basis for them to sustain or overrule the Commission's decision.The Planning Commission considered the remand of the subject project and conditionally approved a conditional use permit to Pat Caroll, allowing a manufactured home park inthe R-3Zone. The project proponent still has an appeal pending before the City Council with regard to the decision bythe Planning Commission to deny the Lakes Major Plat and Conditional Use Permit. Action Taken:Mr.Lane moved that the decision of the Planning Commission to deny the preliminary platbe reversed and remand itback tothe Commissionto reconsider the platconsistent with the granting of a conditional use permit,seconded by Mr.Reese,and passed unanimously. The regular meeting was adjourned at 9:10 p.m.- Ronald C.Covey,MaVc ATTEST: Ronald R.Cone,Finance Director /O30 /DO 7 //3b //J(s U u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE GLENMOOR REACH 2 FINAL PLAT FINDINGS OF FACT,CONCLUSIONS,AND DECISION 4. 5. HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date.A public meetingwas held upon proper notice before the Commission on December 30, 2004. 1.2 Proponent.Cornerstone Real Estate Group is the proponent of this plat. 1.3 Purpose.The proponent has submitted a plat for property which is legally described upon the plat. Citystaff 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. 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-1,Single Family Residential. 2.3 The final plat conforms to the preliminary plat. 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 Itis in the best interests and welfare of the city's citizens to plat the property as proposed. DECISION OF THE PLANNING COMMISSION. On the basis of the foregoing findings of-fact and conclusions,it is 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 the Development Agreement are paid to the city before the plat is recorded. DECISION OF THE CITY COUNCIL. The City Council of the City of Moses Lake approves the final plat. U u ^J BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE SUN BASIN PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT FINDINGS OF FACT,CONCLUSIONS,AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date.Apublic hearing was held upon proper notice before theCommission onOctober 7,2004. 1.2 Proponent.Al Mathews isthe proponent ofthe Planned unit Commercial Development and Major Plat. 1.3 Purpose.The proponent has requested approval of a six lot major plat and planned unit commercial development fora "staged care"seniorliving campus.It includes threeor four 4- plexes for independent living,a forty-nine unit senior apartment building,and an existing assistedliving facility.Onesitemay beusedfor a four-plex ordeveloped as commercial for the purpose ofserving theneedsofthecampus.Thecampus is entirely located upon property legally described as Lot 3,Block 2,ASPI Commerce ParkSouthShortPlat. 1.4 Evidence.The Commission considered the following in reaching its decision: A.The application of the proponent for the major plat and planned unit commercial development. B.Staff report and attachments. C.Testimony from the proponent,Rich Walpole and Phil Bloom of Columbia Northwest Engineering,and Community Development Director Gilbert Alvarado.There was no response from the public. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based uponthe evidence presented the Commission makes the following findings of fact: 2.1 The proponentis part ownerand authorized representativeofthe propertylegally described above located within the City limits. 2.2 The Housing Element of the Comprehensive Plan contains a policy (1.3) that encourages development ofalternative housing types through innovative land use regulationsthat enable construction ofaffordable attractive housingwhichincludegrouphomes,assisted living facilities, self help housing,cooperatives,etc. 2.3 The property has an assisted living facility on site which will be on Lot1 ofthe PUD/MajorPlat. New development must meet current standards and regulations.The property is currently zoned C-2 General Commercial.TheComprehensive Plan designation is General Commercial. 2.4 The Development Engineer's preliminary review calls out corrections required to be made prior to the submission of the final plat. 2.5 The Mitigated Determination of Non-Significance was issued July 15,2004,with weed and dust control measures. 2.6 There are no transportation or parks and recreation level of service recommendations set for this area. 2.7 There is a request to vary from the requirement to develop Owens Road and Harris Road to city standards. 2.8 Zoning regulations provide for lots in planned unit developments to beserved by private roads. The proposed development will not have public roads through the subdivision,or provide for public pedestrian traffic.Vehicle traffic to and from Lots 3 -6 will be served by a private road named Sun Basin Drive. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission makes the following conclusions: 3.1 Under MLMC 20.09.020 The Planning Commission shall not approve a proposed development unless itfirst makes the followingfindings of fact and conclusions. A.The development is consistent with the Comprehensive Plan and meets the requirements and intent of the Municipal Code. B.The development makes adequate provisions for open space,drainage ways,streetsand other public ways,transit stops,water supply,sanitary wastes,parks and recreation facilities,playgrounds,sites forschools and schoolgrounds. C.The development adequately mitigates impacts identified under chapter 14through 19. D.The development is beneficial to the public health,safety,welfare and is in the public interest. E.Thedevelopment doesnot lowerthelevel ofservice oftransportation and/or neighborhood park facilities below the minimum standards established within thecomprehensive plan. F. The area,location and features oflandproposedfor dedication are a directresultofthe development proposal,arereasonably needed tomitigate theeffects ofthedevelopment, and are proportional tothe impacts created bythe development. 3.2 The requirements of MLMC20.09.020 are met: A.The development is consistent with Housing Element policy 1.3 oftheComprehensive Plan and Comprehensive Plan policy 4 which encourages infill.The development will meet the minimum requirementsofthe Zoning and Subdivision regulations when those items called out by the Development Engineer are completed andwith thedevelopment of Owens Road and Harris to city standards.Comment one (1)ofthe Development Engineer's General Comments hasbeenaddressed andtheproponent must comply with the remaining requirements called out.The request to vary from the requirement to develop Owens Road and fully develop Harris Road can be allowedwitha covenant to run with the land for those improvements in the future. B.The project will notcreate adverse environmental impacts or adversely affect existing development,providing existing regulations and the requirements of the Mitigated Determination of Non-Significance are followed. C.Existing regulations ensurethattheplatiscompatible with existing andfuture development and will mitigate impacts from the use. D.The development is beneficial tothe public health,safetyandwelfare,andis in the public interest. E. The development makes adequate provisions for drainage ways, water supply,and sanitary wastes through the improvement ofexisting public right-of-way and dedication of public utilityeasements. F. The development does not lower the level of service of transportation or parks and recreation facilities because no standards have been setforthis area ofthe city. 4.DECISION OF THE PLANNING COMMISSION. Onthe basis ofthe foregoingfindingsoffact and conclusions,itisthe recommendation ofthe Planning Commission of the Cityof Moses Lake that the development be approved subject to the following conditions: 4.1 The commentsof the Development Engineer be addressed,exceptfor comment one(1)under General Comments,which has already been addressed by the proponent. 4.2 The request to vary from the requirement to construct Owens Road and Harris Road to city standardsbegranted with a stipulation thata covenant run with thelandfor thoseimprovements in the future. 5.DECISION OF THE CITY COUNCIL. O O The City Council of the City ofMoses Lake approves the final plat./—s Ronald C Covey,Mayor