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2005 04 266215 MOSES LAKE CITY COUNCIL April 26,2005 Council Present:Ron Covey,Richard Pearce,Dick Deane,Steve Shinn,Jon Lane,Lee Blackwell, and Brent Reese PLEDGE OF ALLEGIANCE:Mayor Covey ledthe Council in the Pledgeof Allegiance. MINUTES:Mr.Blackwell moved that the minutes of the April 12,2005 meeting be approved as submitted,seconded by Mr.Pearce, and passed unanimously. K^J APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Pearce moved thatthe bills,checks, and prepaid claimsissued be approved, seconded by Mr.Reese,and passed unanimously. Vouchers audited and certified bythe Finance Director as required by RCW 42.24.080,and thoseexpensereimbursementclaimscertifiedasrequiredbyRCW42.24.090,have been recorded on a listing which hasbeen made available tothe Council for approval. AsofApril 26,2005 the Council does approve for payment vouchers in the amount of$629,688.84, and prepaid claims of $6,022.57. PROCLAMATION The proclamation declaring May 1-7,2005 as Native Plant Appreciation Week was signed by the //3<R Mayor. PRESENTATIONS AND AWARD -None CONSENT AGENDA Resolution -Accept Improvements -Ridaecrest Major Plat:A resolution was presented which //<*& accepts the street and utility improvements constructed as part ofthe Ridgecrest Major Plat. Agreement -Dept.of Transportation-Wanaoum Drive:Authorizationwas requested forthe CityManagertoexecuteanagreementwiththeDepartmentofTransportationwhichtransfersWanapumDrive,a portion ofInterlake Drive,and associated features from the state tothe city.The state williipaythecity$70,000 to cover the additional work to be done on Wanapum Drive and associated ^—'features. Action Taken:Mr.Reese 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 YOUNGER -REQUEST FOR CITY WATER Tom Youngers,potential owner of 2891 Road F.6,requested permission toconnectthis lot tothe city water main in Westshore Drive.Mr.Youngers is proposing to place his water meter atthe intersection of Westshore Driveand Road 3 NE and then extend a 1"private service linein county- right-of-way down Road 3 NE and Road F.6to his lot. Gary Harer,Municipal Services Director,mentioned thata similar request was considered bythe Council a coupleof years ago. That request was to cross private property witha service line.It was staffs recommendation at that time that an 8"water line be extended all along Road F.6 to service all the lotsalongthe street and connecting to Westshore Drive at both ends.Mr.Younger is proposing to constructa 2"service line from Road 3 NEto his loton Road F.6. Mr.Shinn wanted to know why an 8"line is desirable over something smaller. Mr.Youngers stated thatthe reason the citywants to put in an 8"main is so thatthe line can be ()looped anda hydrant can be installed.He mentioned thathis lot is 276'from the location ofthe ^-^proposed water meter. Dave Helms,Fire Chief,stated that fire flow for a single family residence is a minimum of 1,000 gallons per minute and dead end mains are not constructed. Mr.Pearce pointedout thatthe 8"mainis needed to make the loopand provide for fire flow and also to service all seven lots. Action Taken:Mr.Pearce moved that the request be denied,seconded by Mr.Deane. Mr.Youngers pointed out that of the seven lots along Road F.6, three have water, 2 are unbuildable,and 2 need water.He felt that the 8" main is cost prohibitive for a private individual. /0/i //(*&, 6216 CITY COUNCIL MINUTES April 26,2005 Mr.Shinn stated that Mr.Youngers had requested he lookat the situationand after doing so, he did not have an objection to the 2" line. There was some discussion by the Council. The motion passed with Mr.Shinn opposed. j$b MARINA SHORES PURDD -INSURANCE The Marina Shores Homeowners Association is required to maintain a $2,000,000 liability x-v insurance with the city named as an additional named insured on the Marina Shores Planned Unit \I Residential Development District.The homeowners association isrequesting thatthis requirement be eliminated. Joseph K.Gavinski,City Manager,stated that the requirement for the liability insurance was included inthe ordinance authorizing the planned unit development.The liability insurance wasto insure the city when making cuts in the private street to repair the public utilities.Staff feels that the requirement for liability insurance can be eliminated. Jim Campbell,representing the Marina Shores Homeowners Association,stated that the city is responsible for the water and sewer lines and the homeowners association is responsible for repairing the streets.He mentioned that all the utilities are stubbed out to each lot so the street does not have to be disturbed when homes are connected to the city's water and sewer lines. There was some discussion by the Council and Mr.Pearce expressed concern thatthe city seems to be the one held liable for any problems and wanted to know if the city could be included as a named insured on the homeowners association policy. Jon Lane arrived at 7:35 p.m. James A.Whitaker,City Attorney,stated that since the city has no interest in the public liabilityof the streets,which is what the homeowners association is insuring,being named on their policy as an additional named insured could potentially create more problems for the city than the protection that might be afforded.He recommended that the city not be named on the homeowners association policy. Action Taken:Mr.Shinn moved that staff be directed to amend Ordinance 1740-A by deleting number 3 under Section 2,seconded by Mr.Blackwell, and passed with Mr.Lane abstaining since /~\ he was not present for the discussion.[' ORDINANCES AND RESOLUTIONS *Ig2 ORDINANCE -RESIDENTIAL VEHICLE STORAGE -2ND READING An ordinance was presented which amends the residential vehicle storage regulations by prohibiting parking orstorage ofcommercial vehicles overone ton, semi-tractor trailer combinations on residential property, and the parking or storage of vehicles or recreational vehicles on vacant property. The ordinance amending Chapter 8.50 of the Moses Lake Municipal Code entitled "Residential Vehicle Storage"was read by title only. Richard Beeson,Moses Lake,wanted to know when and how the ordinance would be enforced. Joseph K.Gavinski, City Manager,stated that city staff are doing field inspections, contacting property owners,writing letters, and responding to complaints. Action Taken:Mr.Deane moved that the second reading of the ordinance be adopted,seconded by Mr.Lane,and passed unanimously. 1190 ORDINANCE -LEGISLATIVE REZONE -PHASE 1-2nd READING An ordinance was presentedwhichamends the city'szoninginthe areasouth of Nelson Roadto correspond to the land use designations of the Comprehensive Plan. The ordinance changing the official zoning map was read by title only.(~*\ Action Taken:Mr.Blackwell moved that the second reading of the ordinance be adopted, seconded by Mr.Pearce,and passed unanimously. //<90 ORDINANCE -LEGISLATIVE REZONE-PHASE 2-1st READING An ordinancewas presented which amends the city's zoning inthe area south of Nelson Road to I-90 and west of Division Street to Pelican Horn,several parcels south of I-90 in the SR 17 area, the lowerand mid-peninsulasouth ofGibbyRoad and Milwaukee Avenue,and all ofthe cityonthe west side of the lake. The ordinance amending the officialzoning map was read by title only. 6217 CITY COUNCIL MINUTES April 26,2005 There was some discussion about the zoning of the 300'parcel to the east of Silver Sands. ActionTaken:Mr.Reese moved that the first readingof the ordinance be adopted,seconded by Mr.Blackwell, and passed with Mr.Shinn abstaining. ORDINANCE -CREATE 16.40 -FIRE DEPARTMENT PERMIT FEES -1st READING /Q3G An ordinance was presented which establishes permit fees for certain activities,operations,and functions which require Fire Department permits. \^J The ordinance creating Chapter 16.40 ofthe Moses Lake Municipal Code entitled "Fire Department Permit Fees"was read by title only. David Helms,Fire Chief,statedthatthe ordinance isa result ofdiscussionsatthe Council retreat, and establishes fees for the initial startof an activity,operation,practice,or function. Therewas some discussion bythe Council concerning the wording ofthe paint booth and dipping operations section of the ordinance. ActionTaken:Mr.Blackwell moved that the wordingconcerningthe spray finishing be amended and the first reading of the ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. REQUEST TO CALL FOR BIDS 2005 BIOSOLIDS MANAGEMENT PROJECT //</£ Staff requested authorization to call for bids for the Biosolids Management Project.The project /£0£ includes transporting the biosolids from the Larson Wastewater Treatment Plant totheSand Dunes Wastewater Treatment Plant,building pads and liners at both locations,fencing the Sand Dunes property,and spreading the biosolids around the vacant area atthe Sand Dunes property. Action Taken:Mr.Pearce moved that staff be authorized to call for bids,seconded by Mr. Blackwell, and passed unanimously. <U 2005 CHIP SEAL PROJECT Staff requested authorization to call for bids for the 2005 Chip Seal Project.This project includeschipsealing124,700 square yards of city streets in the base bid plus two additives for 15,100 square yards.The estimated costis $425,000 including engineering.The 2005 budget includes $225,000 for this work.Staff requested that an additional $200,000 be added to the street constructionfund. This will allowthe cityto catch up on the chip sealing schedule. Gary Harer,Municipal Services Director,mentioned that crack sealing and chip sealing are the most economical way to preserve streets. The city has fallen behind on its schedule of street repairs because of reduced funding. Action Taken:Mr.Reese moved that staff be authorized to call for bids and that the budget be increased to cover the cost,seconded by Mr.Blackwell, and passed unanimously. REFERRALS FROM COMMISSIONS PARKS -POTENTIAL LAND ACQUISITIONS The Parks and Recreation Commission recommended that the Council pursue acquiring property for additional parks. The areas that wouldbest be served by mini parksare Longview,Gateway Estates, and Skyline. The areas that would best be served by neighborhhood parks would be Montlake East,College Heights,and the South Campus. SpencerGrigg,Parksand Recreation Director,stated thatthe Parks and Recreation Commission has identified 14 locations that are considered deficient in parks. He mentioned that many of the areas considered deficient in parks are outside the city's limitsbut within the UGA. He pointed out that the idea is to plan far enough ahead so that park property can be obtained before an area is totally covered by development. (J)Mr.Shinn felt that the lower Crestview/Paxson Drive area needs amini park.He also felt that the ^"^county should be requested to set aside land for parks for those areas not in the city limits but idenfified as needing park facilities or require a fee-in-lieu-of from developers. Gilbert Alvarado,Community Development Director,pointed thatthe county's Comprehensive Plan shows a level of service for parks as zero.The county is not providing any parks to its citizens but is depending upon the cities to provide those amenities. There was some discussion by the Council. Action Taken:Mr.Shinn movedthat the Longview,Gateway Estates,Skyline,and Crestview South areas be established as the top priority areas needing mini parks and the Montlake East,College Heights and Campus Park areas be established as the top priority areas needing neighborhood parks,seconded by Mr.Lane. /0/?,4 //£$ 6218 CITY COUNCIL MINUTES April 26,2005 Action Taken:Mr.Blackwell moved that the motion be amended to prioritize the seven areas identified according to the potential density ofthe area and continue the prioritization of all15 areas on the list from Parks and Recreation and that itbe reviewed each year at Retreat,seconded by Mr.Reese. There was some discussion by the Council. The amendment to the motion failed with Mr.Blackwell and Mr.Reese in favor and Mr.Lane,Mr. Pearce,Mr.Shinn,Mr.Deane,and Mayor Covey opposed. The motion passed unanimously.,l) OTHER ITEMS FOR COUNCIL CONSIDERATION //07 DOWNTOWN REDEVELOPMENT -THIRD AVENUE Two drawings of the proposed redevelopment of Third Avenue were submitted.One drawing shows 30 degree angle parking and the other shows parallel parking along Third Avenue. Joseph K.Gavinski, City Manager, stated that after much discussion staff has providedtwo plans forthe development ofThird Avenue.Once the Council has chosen the development plan,thestaff will provide the Council with the cost of the project. He pointed out that there is little difference between the amount of parking spaces available in each plan. Gilbert Alvarado,Community Development Director,displayed a map showing underutilized property that might be used to provide additional parking. Art Carr,305 Belmont,stated thatheis opposed to spending taxpayer moneyon this project.He mentioned that money has already been spent on the pavers and landscaping but the property owners have not improved theirbuildings.He did not feel additional improvements should be made to Third Avenue until additional money is available. Richard Beeson wanted to know if left-turns would be allowed at the intersections,especiallyAlder Street.He pointed outthat with two lanes a vehicle could go around a car that is trying to turn left but under the new design,with one lane of traffic each way,that would not be possible.He also wanted to know if any Council memberhas an interest in any property or a business that is located in the area of the proposed Third Avenue redesign. Mayor Covey stated that leftturnswouldbe allowed at all the intersectionsandthat some Council '' members may have an interest in property in the area. Mr.Gavinski mentioned thattraffic control has not yet been discussed and it may be that four-way stops would be incorporated. Jacie Daschel,representing Vision 2020,stated that the downtown is the heart of the city and encouraged the Council to proceed with the project. Cliff Alexander,1319 W. Ivy,suggested that the Council purchase some of the available land for parking lots with the money proposed to be spent on the downtown redevelopment.In 5 or 10 years those lots could be sold and the money used forthe proposed redevelopment.He feltthat there is not enough people downtown to justify the improvements. Greg Strickland,3728 W.Lakeshore,stated that he is a business owner on Third Avenue and has a lotto gain with this redevelopment.This is an opportunity to create something that is uniquely Moses Lake. PhilBloom,Columbia Northwest Engineering,stated that the city needsto continue to develop the downtown if it is to grow and remain a vital partof the city. Sunshine Rutherford,1402 S. Horizon Drive,stated that she went through the change in Wenatchee and it was frustrating at first but now the downtown is beautifuland draws people and shops to the area. Presently in Moses Lake people do notslowdown on Third Avenue and do not even knowwhat shops arethere. Byslowingthe traffic itwill helpthe business owners and create a safer environment for pedestrians. Mayor Covey stated there have been a number of changes made in Moses Lake that created f*} controversy including school improvements, the increase in the number of ballfields,hospital renovations,amphitheater,aquatic center, and other things and now those amenities are well known and well received by the citizens. Action Taken:Mr.Shinn moved that theThird Avenue redesign include 30 degree diagonal parking on the north side of Third Avenue,9'wide parallel parking on the south side of Third Avenue, increase the width of the sidewalks,raise the intersections,and install bulb outs,curb extensions, and center block pedestrian crossings (drawing 1),seconded by Mr.Blackwell. Mr.Lane pointed outthat if parallel parking is used on bothsides of the street onlyone parking space would be eliminated.Also,ifthe diagonal parking configuration isused, snow removal and other maintenance issues couldbe challenging. Withthe parallel parking the widthofthe sidewalk can be fully utilized. o Kj 6219 CITY COUNCIL MINUTES April 26,2005 Mr.Pearce stated that he would be in favor of having parallel parking on both sides of the street and to increase safety, would suggestthe sidewalks be reduced to19'wide and the parking spaces increased to 9'wide (drawing 2). Mayor Covey mentioned that currently the parallel parking spaces are T wideanditis proposed to increase them to 8'wide. Mr.Blackwell pointed out that diagonal parking is safer for pedestrians. Mr.Shinn feltthat diagonal parking is safer for gettinginand out of a vehicle. Mr.Deane,Mr.Reese,and Mayor Covey stated that they were in favor of the design shown on drawing 2. The motion and second were withdrawn. ActionTaken:Mr.Shinn moved that the design on drawing2 be adopted and that itinclude raised intersections and 9'wide parallel parking spaces, seconded by Mr.Pearce, and passed unanimously. BARRINGTON POINT 1 MAJOR PLAT -COMMUNITY STANDARDS Ed Greer,representing the Barrington Point 1 Major Plat,has requested variances to the CommunityStandards relating to street construction.The variance request for the interior streets is to reduce the streetwidthsto 30'as measured from front face ofthe curb to front face ofthe curb, and for constructing a 5'wide planter strip on bothsides of the street. The variance request for Paxson Drive is for not constructing a sidewalk on the east side. Gary Harer,Municipal Services Director,explained thatonPaxson Drive oneside would havea 10' wide sidewalk/bike pathand on the other side wouldhave a 5'wide sidewalkwitha 5'side planter strip.He mentionedthat Ed Greeralso asked for a variance for planter strips on bothsides of Paxson Drive.The internal streets would have 5'sidewalks and 5f planter strips on both sides of the street.He mentioned that it has been shown that the narrower streets and landscaping helps to slow the traffic.The request is to have a 30'street with planter strips next to the curb on both sides of the street.The current requirement is to place the sidewalks next to the curb. There was some discussion by the Council,especially on the maintenance of the planterstrip. Lori Barlow,Associate Planner,stated that an urban forester has discussed with staff the width of the planter strip.Afterlooking atthe areaandthe type of drainage in the area, itwas his opinion thatthe city could easilyhavetrees thatthrive in a 5'wide planter strip.He has provided a list of trees that are appropriate for planting along streets, that create a canopy to reduce the heat, and provide a vertical element. Mayor Covey wanted to knowwho would maintain the landscaping inthe planter strip. Ms. Barlow stated that the developer is required to install trees priorto a certificate of occupancy being issued for a home and also that he must submit a landscaping plan for the type and placement of the trees. After initial installation,the property owner will be responsible for maintaining the trees. Mayor Coveywas concernedthat property owners will not maintain the planter strip andthey will become an eyesore.He felt the cleaner lookis havingthe sidewalk adjacent to the curb. Ms.Barlow pointed out that inthe newer neighborhoodsthe planter stripsare being maintained. She mentioned that there are regulations inthe city ordinances that require the property owner to maintain the planterstrip but the city has not enforced that inthe past. Mr.Pearce was also concerned about the maintenance ofthe planter strip but recommended that the developer provide the means for ahomeownerto install an irrigation system inthe planter strip at a future date. EdGreer,land use planner for the project,stated that inBattleGround,one ofthe fastest growing cities in the state,has adopted street standards of 46'right-of-way.The planting strip works well at 5'and trees can be chosen that will not impact the sidewalks.Battle Ground requires groundI)cover rather than grass in the planter strip because ofthecostofwater.The idea of providing for ^•^irrigation tothe planter strip can bedone.He mentioned that if home owners take care oftheir lawn, they will take care ofthe planter strip.He pointed outthatthe traffic in the residential areas will quicklyget used to the narrow streets and the need to give way to other cars. There was additional discussion by the Council. Action Taken:Mr.Reese moved that variances to the Community Standards be granted to allow for: 1.The street widths for all the interior streets be reduced to 30'as measured from the front face of the curb to front face of the curb and 5'wide planter strips be constructed on both sides of the streets. Ho? 6220 CITY COUNCIL MINUTES April 26, 2005 2.The sidewalk on the east side ofPaxson Drive bedelayed two years with the stipulation that a covenant be required for the construction of the sidewalk within two years of the plat improvements being accepted by the Council. 3. Five foot (5')wide planter strips on both sides of Paxson Drive. seconded by Mr.Shinn,and passed unanimously. SIGN OVER RIGHT-OF-WAY -VALLEY SHELL STATION Eagle Signs has requested permission forthe extension of a sign intocityright-of-wayat 518 Valley Road.The existing flag pole sign is to be converted to a two pole sign.The underground footings for the new pole will encroach into the right-of-way by 8" to 12".The Municipal Services Department has determined that this sign will not create any sight distance problems. Action Taken:Mr.Pearce moved that permission be granted for the sign to encroach 8M to 12"into city right-of-way,seconded by Mr.Blackwell,and passed unanimously. //£(p SAGE VISTA 2nd ADDITION PRELIMINARY MAJOR PLAT -APPEAL The Community Development Department has received an appeal ofthe Planning Commission's recommendation to approve the Sage Vista 2nd Addition Preliminary Major Plat.The appeal is a closed record appeal,which means the decision must be based on the record created at the Planning Commission hearing. Mr.Shinn declared a conflict of interest and exited the room. The Findings of Fact,Conclusions,and Decision were presented. Action Taken:Mr.Blackwell moved that the Planning Commission's decision be upheld and the Findings of Fact be approved,seconded by Reese,and passed unanimously. Mr.Shinn returned to the Council Chambers. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS 10/q'DEPARTMENT OF TRANSPORTATION -l-90/BROADWAY INTERCHANGE Mr.Pearce suggested that part of the $70,000 that the city is receiving from the Department of Transportation be spent on beautifying the l-90/Broadway interchange. Gary Harer, Municipal Services Director,stated that the Department of Transportation placed no restrictions onthe cityas to howthe fundswere to be spent. However,the request for the $70,000 was to construct a bike path on the south side ofWanapum Drive since the state did not construct any sidewalk along this street. NATIVE PLANT/WILDLIFE Mr.Pearce suggested that next year at this time the city promote an activity that would include naturalist, biologists, and other scientists to inform the public of plants and animals native to this area. n n //3>(p REVENUE iOO0! Mr.Shinn requested the staff provide revenue sources for the additional expenditures that are proposed. CITY MANAGER REPORTS AND COMMENTS COUNCIL AT THE SQUARE Joseph K.Gavinski,City Manager,stated that it has been suggested that Council members make themselves available to the public on a regular basis in a public place such as Sinkiuse Square or the Farmer's Market.The city will provide a desk,chairs,and perhaps coffee and coordinate the f""^ time and place with the Council members. /pQij AIRPORT QUARTERLY REPORT The first quarter Municipal Airport report was provided. f/3(*FINANCIAL QUARTERLY REPORT The first quarter financial report was provided. 6221 CITY COUNCIL MINUTES April 26,2005 PARKS DEPARTMENT ANNUAL REPORT Spencer Grigg,Parks and Recreation Director,gave a report on the Park and Recreation Department including the Museum and Art Center,the aquatic center,theJapanese Garden,the BMX track,the all access playground,the Lionessshelter at Cascade Park,improvements tothe Community Gardens,the tree and brush recycling program,Vista Park developments,recreation uses at the various parks and during the summer and fall,summer concert series at the amphitheater,and promotion of healthy lifestyle. The regular meeting was adjourned at 11 p.m. Ronald C. Covey,Mayof ATTEST: u BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE APPROVAL OF THE SAGE VISTA 2nd ADDITION PRELIMINARY MAJOR PLAT NO.04-2 FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.A closed record hearing was heldupon proper noticebeforethe City Council on April 12,2005.The matter before the City Council was: 1.1 Approval oftheSage Vista 2nd Addition Preliminary Major Plat,in particular,the failure to require access from the plat directly onto Valley Road. 1.2 The parties to this appeal are: Stephen Shinn, the appellant, a partywith standing, and City of Moses Lake,respondent 1.4 Evidence.The City Council considered the following evidence and arguments. 1.The record from the open record hearing before the Planning Commission held on February 10,2005,consisting of the audio tapes of the hearing, all written materials submitted to the Planning Commission and all exhibits entered by the Planning Commission. 2.The written appeal and argument of Mr.Shinn in support of his position on this appeal set forth in his notice of appeal. LJ 2.FINDINGS OF FACT. Based upon the evidence in the record,the City Council makes the following findings of fact: 2.1 The action ofthe Planning Commission in approving the Sage Vista 2nd Addition Preliminary Major Plat without requiring access onto Valley Road is supported by the record below. 2.2 The appellant has not provided evidence in the record that the decision of the Planning Commission on the issue of requiringan access from the platto Valley Road is not supported by the record below. 2.3 The project is in compliance with current development regulations. 2.4 The decision ofthe Planning Commission toapprove theSageVista2nd Addition Preliminary Major Plat in the form approved is supported by the evidence submitted and that decision should be sustained. <J 3.CONCLUSIONS. From the foregoing findings of fact the CityCouncil makes the following conclusions: 3.1 The Planning Commission is vested with the authorityto consider approval of this plat. 3.2 The major plat was properly before the Planning Commission for consideration. This closed record hearing is properly before the City Council. 3.3 The approval of the platby the Planning Commission is supported by the record below. 3.4 The decision of the Planning Commission should be sustained. 4.DECISION. On the basis of the foregoing findings of fact and conclusions,itis the decision of the City Council of the City of Moses Lake that the decision of the Planning Commission to approve the Sage Vista 2nd Addition Preliminary Major Plat is sustained. Approved Ronald C.Covey Mayor ©unciPbn April 26,2005. ^ ~ ~