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2005 07 126239 MOSES LAKE CITY COUNCIL July 12,2005 Council Present:Ron Covey,Richard Pearce,Dick Deane,Steve Shinn, Brent Reese,and Lee Blackwell Absent:Jon Lane PLEDGE OF ALLEGIANCE:Mayor Covey ledthe Council inthe Pledge of Allegiance. MINUTES:Mr.Blackwell moved that the minutes of the June 28,2005 meeting be approved as [^J submitted,seconded by Mr.Pearce,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.Deane, and passed unanimously. Vouchers auditedand certified bythe Finance Director as required by RCW42.24.080,andthose expense reimbursementclaims certified as required by RCW42.24.090, have been recorded on a listing which has been made available to the Council for approval. AsofJuly 12,2005the Council does approve for payment vouchersintheamountof$2,099,095.45 $84,870.97 and $5,843.05. PRESENTATIONS AND AWARDS CERTIFICATES OF RECOGNITION Certificates of Recognition for 10 years of service with the city were given to Lori Barlow,Associate Planner, Jay Morice,Fire Fighter,and Charles Sheer,Maintenance Worker II,Sewer Division. Certificates of Recognition for 15 years of service with the city were given to Pete Kunjara, Fire Fighter, Gregory Moss, Fire Fighter, and Spencer Grigg, Parks and Recreation Director. A Certificate of Recognition for20 years of servicewith the city was given to Steve Hibbs,Equipment Rental Supervisor.A Certificate of Recognition for25 years of service with the city was given to i)Richard Penrose,Fire Fighter. A Certificate of Recognition for 30 years ofservice with the city was given to Thomas Craghead,Fire Fighter. CONSENT AGENDA AcceptWork -2005 Crack Seal Project: B. C.V.,Inc.has completed work on the 2005 Crack Seal Project,which included crack sealing 304,372 linear feet of normal cracks and 612 linear feet of wide cracks with rubberized asphalt.The work should be accepted and the 45-day lien period entered into. Action Taken:Mr.Shinn moved that the Consent Agenda be approved,seconded by Mr.Pearce, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATION.OR PUBLIC HEARINGS THE CROSSING SHORT PLAT Columbia Northwest Engineering requested permission to use a portion for the Montlake Park J~~—' property to access The Crossing Short Plat,which is located to the east.)l^(s Gilbert Alvarado,Community Development Director,stated that the Council was previously concerned aboutthe ingressand egressthrough the parking area ofMontlake Park. He mentioned that staffis requesting direction from the Council on whether or not a private developer should be allowed to access private property through a city park.The latest proposal submitted by the proponent shows some changes in the lot configurations and provided some additional parking to the city on what would be their property. He mentioned that additional improvements would need to be made to the street at the railroad crossing. There was some discussion by the Council about the project. ^J /d/1 /Of0//, 6240 CITY COUNCIL MINUTES July 12,2005 Rich Walpole,representing the development,stated that the tear drop shaped area between the railroad tracks and the new road would be landscaped and irrigation provided. Itis proposed that the land would then be deeded to the city. Linden would be upgraded and improved with curb, gutter,and sidewalk. He mentioned thatthey monitoredthe parking overthe 4th of July weekend and at no time was the parking lot completely full. There wassome discussion on the additional parkingand possible improvements to Linden Avenue in this area. Action Taken:Mr.Blackwell moved that staff work with the developer on the details of the project, seconded by Mr.Reese,and passed unanimously. ORDINANCES AND RESOLUTIONS jO£2.ORDINANCE -CREATE COMMUNITY DEVELOPMENT DEPARTMENT -2nd READING An ordinance was presented which creates a Community Development Department. The ordinance creating Chapter 2.28 of the Moses Lake Municipal Code entitled "Community Development Department"was read by title only. Action Taken:Mr.Blackwell moved that the second reading of the ordinance be adopted, seconded by Mr.Deane,and passed unanimously. /05j/ORDINANCE -FLOOD HAZARD AREAS -2nd READING An ordinance was presented which amends the regulations forthe flood hazard areas in Moses Lake. The ordinanceamending Chapter 18.53ofthe Moses Lake Municipal Code entitled "Flood Hazard Areas"was read by title only. Action Taken:Mr.Reesemoved that the second reading ofthe ordinance beadopted,seconded f^ by Mr.Pearce,and passed unanimously. ^ORDINANCES -PAWNBROKERS AND SECONDHAND DEALERS.SOLICITORS.AND }QV TAXICABS-1ST READING Ordinances were presented which increase the fees for pawnbrokers and secondhand dealers, solicitors,and taxicab licenses. The increaseinthe fee isto coverthe cost chargedbythe State Patrol for fingerprinting services. The ordinance amendingChapter5.22ofthe Moses Lake Municipal Code entitled "Pawnbrokers and Secondhand Dealers"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. The ordinance amending Chapter 5.36ofthe MosesLake Municipal Code entitled "Solicitors"was read by title only. ActionTaken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. AW/ The ordinanceamendingChapter5.40ofthe Moses Lake Municipal Code entitled "Taxicabs"was read by title only. ActionTaken:Mr.Deane moved that the first readingof the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. ORDINANCE - LIGHT INDUSTRIAL ZONE -1st READING An ordinancewas presented which amends the Light Industrial Zone alongthe railroad tracks on the Peninsula to allowmore flexibility inallowed uses.The PlanningCommission recommended that the ordinance be adopted. The ordinanceamending Chapter 18.40 of the Moses Lake Municipal Code entitled "Industrial Zones"was read by title only. n n 6241 CITY COUNCIL MINUTES July 12,2005 Gilbert Alvarado,Community Development Director,explained that property owners in thisareaof industrially zoned property wish to include commercial uses,which are not allowed under the current zoning regulations.The Commission felt thatcommercial uses in thissmall area ofindustrial property would be appropriate.He suggested that a map be included in the ordinance that defines the area. Action Taken:Mr.Pearce moved that a map delineating the industrial area to be permitted commercial uses be included and the first readingof the ordinance be adopted,seconded by Mr. ^J Blackwell,and passed unanimously. Staffwas directed to notifythe affected property owners ofthe text changes to the ordinance. RESOLUTION -BUILD ON UNPLATTED PROPERTY -BASIN INSURANCE ASSOCIATES //j^/) A resolution was presented which allows Basin Insurance Associates,Inc.to build onTax #12506, which isownedby Pioneer Preferred Properties,LLC.Thesiteiszoned C-2,General Commercial and Business.The resolution requires the plattingof the property within one year. The resolution allowing Basin Insurance Associates,Inc.to build on unplatted property ownedby Pioneer Preferred Properties, LLC was read by title only. Gary Trautman,1010 Pioneer Way,representing Basin insurance Associates,Inc.,stated thata building will be constructedto house an insuranceofficeand a medical office. They would like to break ground this fall and are willing to platifrequired. There was some discussion by the Council. Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Blackwell, and passed unanimously. REQUEST TO CALL FOR BIDS -None \^J REFERRALS FROM COMMISSIONS U ANNEXATION -KUNZE FARM INVESTMENT CO. Kunze Farm InvestmentCompany,Inc.has submitted a Notice of Intentto Commence Annexation Proceedings forapproximately 100 acres of land in Mae Valley.The property is located south of I-90 and west ofthe country club and golf course. Gilbert Alvarado,Community Development Director,explained that the area proposed to be annexed surrounds the country club and golf course and adjacent single family development.At this time that area is not requesting annexation. There was some discussion by the Council. John Fetterolf,representing Kunze Farm Investment Company,Inc.,stated that they are planning a residential development and city water and sewer would be extended to service the area. Action Taken:Mr.Reese moved that the Notice of Intent be accepted and staff be directed to draft the petition,seconded by Mr.Pearce,and passed unanimously. ORDINANCE -LEGISLATIVE RE-ZONES -PHASE 3 -1st READING An ordinance was presentedwhich amendsthe city'szoninginthe areanorth of Nelson andGibby Roads to the north city limits,and from Parker Horn to the east city limits. The ordinance amending the official zoning map was read by titleonly. Gilbert Alvarado,Community Development Director,statedthathehadexplained thezonechanges with severalmembers ofthe public.Hementionedthatthe affected property ownerswere notified in2001thattherewouldbe achange in the zoningoftheirproperty inthe future inorderto conform tothe land use designation inthe Comprehensive Plan.Thisisa legislative rezone anditdoes not requirea publichearingor notification to propertyowners. Mr.Shinn felt that affected property owners should be notified ofthese proposed zone changes. /OSj> H?o 6242 CITY COUNCIL MINUTES July 12,2005 Mr.Pearcestated that landuse designations were established inthe Comp Plan in 2001.Atthat timethe property ownerswerenotified andgiven opportunities to provide input.Atthistimethecity issimplybringing the zoningintocompliancewith the land use designationsinthe Comprehensive Planas requiredby law. Hedid not feel that the city was requiredto provide additional notice. Mr.Alvaradopointedout thatthe zone changes are a resultofthe request ofthe propertyowners oratthe recommendation ofthe PlanningCommission atthe time the land use designations were established. BonnieThompson,1311 Fairway Drive,stated that they own the triangle behind the Napa Store. She statedthatthey didnotreceivenoticein2001 even thoughtheirname was onthe listof people who were notified.She suggested that the city send their notices certifiedto provethat notice was received.She pointedout that propertycan changes hands inthree years and feltthat property owners should be notified of the city's action. There was some discussion by the Council concerning notificationof property owners. James A.Whitaker, City Attorney,stated that state law sets out the procedure for processing these matters.The city provided the appropriate notices to the property owners at the time the Comprehensive Plan was being processed.If the Council follows a different procedure,it potentially puts at risk allthe work that has been done.I a public hearing is called when one is not permitted under RCW 17.24,it may give a false impression to people of a rightto take an appeal. Those appeal times ran when the Comp Plan was reviewed.He stated that the city should not create a position wherethe whole Comp Plan could beattacked.Providing notice by return receipt mail is not provided for in state law and if used could provide a basis for attack on where the city is on the land use process.He pointed outthat notice can be provided to property owners provided the property owner list is obtained from Grant County and the notice is send by regular mail. Mr.Pearce pointed out that the property owners were notified at the time the Comprehensive Plan was discussed and the land use designations established and did not feel that any additional notification should be provided. Joseph K.Gavinski,City Manager,pointed outthat anychanges tothe proposed zoning will have f^ to be done through a Comprehensive Planamendment as the land use designations are set by the Comprehensive Plan and, by law, the zoning must be in compliance. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Blackwell,and passed with Mr.Shinn opposed. OTHER ITEMS FOR COUNCIL CONSIDERATION flfa CENTRAL SCHOOL SHORT PLAT -SIDEWALK DEVIATION Jack Patrick,representing the Central School Short Plat,has requested a deviation from the required 6'sidewalk to be allowed to construct a 5'sidewalk anda 5'planter strip. Mr.Patrick stated that he is requesting a 2'planterstrip and a 5'sidewalk. Becauseofthe discrepancy betweenthe 5'planter strip andthe 2'planter strip,it was determined thatthe requestshould be returned tothe Engineering Division for further review. jQS^f SIGN ORDINANCE -REQUEST FOR DIRECTION /09.0 The city has received a complaint from a citizen with regard tothe current sign regulations as it applies to signs painted on vehicles.The complaint stems from a moving van that parks on a vacant lot not owned bythe moving company nor is there as office on-site for the subject moving company.The complaint is that the moving van is being used asasign and puts other businesses f~^ atadisadvantage byadvertising on vacant lots.The current sign regulations permit signs painted or flush mounted to a vehicle as long as itis primarily used for transportation. Gilbert Alvarado,Community Development Director,stated that the van is being used by the company.Unless theordinance ischange tolimit the amount oftime a truck can be parked in one location,the van is not out of compliancewiththe sign regulations. There was some discussion bythe Council andstaffwas directed to research the issue. n KJ u 6243 CITY COUNCIL MINUTES July 12,2005 NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS COUNCIL AT THE SQUARE Mr.Shinn stated that there will be an area set aside forthe Council at the Farmers Market from 9 a.m.to noon on July 23. PARKING LOT USE Mr.Deanewas concernedabouttheappearanceofthe parking lotatExpress Lumber on Stratford Roadas itis beingused as a storage area,carsales, and for other activities. Joseph K.Gavinski,City Manager,stated that staff has proceeded as far as possible under the existing ordinances.If Council wishes toaddress the situation further,additional regulations would need to be in place. PUD -RATE SETTING POLICIES Mr.Blackwell stated that he attended a meeting to discuss the electrical rates withthe PUD.The PUD is in good shape financially andthe PUD was requested to consider a reduction in electrical rates. The defining of the electrical rates will help businesses who are considering locating in Moses Lake to make a decision one way or another. Mr.Deane feltthatitwould encourage economic development inthe areaifstandard electrical rates could be established by the PUD. There was some discussion and it was the consensus of the Council that the Mayor send a letter tothe PUD concerningthe establishment of powerrate policies and powerrateschedules inGrant County. GUNPO CITY STUDENT EXCHANGE -AQUATIC CENTER Mr.Blackwell stated that a request has been received for a party at the aquatic center for the student delegation from Gunpo City. He mentioned that there would be approximately 40 people and the cost would be about $135.He requested that the cost be waived. Action Taken:Mr.Shinn moved that the fee for the private party at the aquatic center for the students from Gunpo City, Korea be waived,seconded by Mr.Deane,and passed unanimously. PARKING -NOON MOON CAF£ Mr.Blackwell mentioned that the Noon Moon Cafe is proposing placing tables in the parking area in front of their business,enclosed within a fence.This would take place in conjunction with the redevelopment ofthe downtown area. Mr.Pearce was concerned with a use of public property by a privateenterprise. CITY MANAGER REPORTS AND COMMENTS BUILDING ACTIVITY REPORT The June 2005 buildingactivityreport was presented. POPULATION /OOi /OOO ///& /O30S1 ^Joseph K.Gavinski,City Manager,reported that,according to the Office of Financial Management,'^'/ the city's population has increased to 16,340. SALES TAX/TRANSIENT RENTAL INCOME „ Joseph K.Gavinski,City Manager,reported that the city received $292,123.12 in sales tax and >r$$21,940.80 in transient rental income in June 2005.jj6i"& INVESTMENT REPORT The investment report showed the city earned $62,632.19 in investment income for June 2005./^23 6244 CITY COUNCIL MINUTES July 12,2005 fOSZ MONTLAKE PARK AND LAUZIER PARK -VANDALISM Joseph K.Gavinski,City Manager,stated thatabout40 sprinkler heads were damagedat Lauzier Park along with some damage tothe restrooms.The cost torepairthe damage isabout $1,700. He mentioned that fireworks were used to blowup the toiletsat the Montlake Park restrooms. He suggested that a reward be offered for the arrest and conviction of the persons who did the damage.He distributed proposed language to be placed on permanent signs on city property which offers a $2,500 reward for information leading to the arrest and conviction of persons ^^ committing theft,arson,or vandalism. Action Taken:Mr.Deane moved that the staff be directed to place the signs at city facilities, seconded by Mr.Shinn, and passed unanimously. Action Taken:Mr.Blackwell movedthat staff be authorizedto place a notice in the paper that a $2,500 reward,each, is offered for the arrest and conviction of the persons who vandalized Montlake Parkand Lauzier Field,seconded by Mr.Reese, and passed unanimously. /Q3P FIREWORKS Joseph K.Gavinski, City Manager,stated that he received a callfromPhyllisBennett,2136 Willow, complaining about the fire danger to her roofand the mess leftover from the neighbors fireworks. Hementioned that should the Council wishto make a change inthe fireworks regulations, a year's notice is required.Any change made now would not take affect until 2007. /Q/f DOGWOOD COURT PROJECT Joseph K.Gavinski,City Manager,stated that the city received only one bid for the improvements to Dogwood Court.The bid contained errors that could not be adjusted and the bidder was allowed to withdraw his bid. At this time the city can either rebid the project or negotiate a contract. Because of time constraints,he recommend that staff negotiate for the improvements to Dogwood Court. There was some discussion by the Council. Action Taken:Mr.Reese moved that staff be authorized to negotiate for the improvements to Dogwood Court and bring it back to the Council,seconded by Mr.Pearce,and passed unanimously. The regular meeting was recessed at 9:45 p.m.and the Council met in an executive session to discuss labor relations.The executive session was adjourned at 10:30 pjo,-and the regular meeting was reconvened.The regular meeting was-adjouroed at 10:30 p.i onald R.Cone,Finance Director RonaldC.Covey,Mayof^ ATTEST: ~