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2005 07 266245 MOSES LAKE CITY COUNCIL July 26,2005 Council Present:Ron Covey,Richard Pearce,Dick Deane,Steve Shinn,Brent Reese,Jon Lane, and Lee Blackwell PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the Pledge of Allegiance. MINUTES:Mr.Blackwell moved that the minutes of the July 12,2005 meeting be approved as \^J submitted,seconded by Mr.Reese,and passed unanimously. 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.Pearce,and passed unanimously. Vouchers audited and certified by the Finance Director as required by RCW42.24.080,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. AsofJuly 26,2005 the Council does approve forpayment vouchers inthe amount of $706,598.97, and prepaid claims of $16,585.40 and $20,056.22. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Six YearStreet Program: A public hearing should bescheduled for August23 inorder to adoptthe Six Year Street Transportation Improvement Program. Action Taken:Mr.Shinn moved thatthe Consent Agenda beapproved,seconded by Mr.Lane,and passed unanimously. ///? u u COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATION.OR PUBLIC HEARINGS -None ORDINANCES AND RESOLUTIONS ORDINANCES -PAWNBROKERS AND SECONDHAND DEALERS.SOLICITORS.AND /oUl TAXICABS -2nd READING Ordinances were presented which increase the fees for pawnbrokers and secondhand dealers, solicitors,and taxicab licenses.The increase in the fee is to cover the cost charged by the State Patrol for fingerprinting services. The ordinance amending Chapter 5.22 of the Moses Lake Municipal Code entitled "Pawnbrokers and Secondhand Dealers"was read by title only. Action Taken:Mr.Pearce moved thatthe second reading ofthe ordinance be adopted,seconded by Mr.Blackwell,and passed unanimously. The ordinance amending Chapter 5.36 ofthe Moses Lake Municipal Code entitled "Solicitors"was read by title only. Action Taken:Mr.Shinn moved that the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. The ordinance amending Chapter 5.40 ofthe Moses Lake Municipal Code entitled "Taxicabs"was read by title only. Action Taken:Mr.Reese moved that the second reading ofthe ordinance be adopted,seconded by Mr.Pearce,and passed unanimously. 6246 CITY COUNCIL MINUTES July 26, 2005 /05Y ORDINANCE -LIGHT INDUSTRIAL ZONE -2NP READING An ordinance was presented which amends the Light Industrial Zone along the railroad tracks on the Peninsula to allow more flexibility in allowed uses. The ordinance amending Chapter 18.40 of the Moses Lake Municipal Code entitled "Industrial Zones"was read by title only. ActionTaken:Mr.Blackwell moved that a map of the affected area be included and the second l) reading of the ordinance be adopted,seconded by Mr.Lane, and passed unanimously. j/ffi ORDINANCE -LEGISLATIVE RE-ZONES -PHASE 3-2nd READING An ordinance was presented which amends the city's zoning in the area north of Nelson and Gibby Roads to the north city limits, and from Parker Hornto the east city limits. The ordinance amending the official zoning map was read by title only. GilbertAlvarado,Community Development Director,explained that the rezones are a followup to the approval of the land use designations in the Comprehensive Plan. He mentioned that the property owners were notified of the proposed change in zoning at the time the land use designations were discussed.As requested by Council, staff researched the cost of notifying propertyowners. The cost will be approximately $1,600. There was some discussion by the Council. Action Taken:Mr.Deane moved that the second reading ofthe ordinance be adopted,seconded by Mr.Pearce,and passed with Mr.Shinn opposed as he felt the property owners should be notified. /W7 ORDINANCE -AMEND PARKING REGULATIONS -1st READING Anordinance was presented which eliminates theno parking restriction on Olive Avenue between (^) Pioneer Way and Juniper Drive,establishes two-hour parkingon the 500 block of Division Street and removesthe disabilityparkingspace located atthe southwesterly intersection of Division Street and Fifth Avenue,and changes Grape Drive south of Valley Road from four lane to two lane with parking on both sides. The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations"was read by title only. Mr.Shinn was concerned aboutallowing parkingon Olive Avenue between PioneerWay and Kiefer Drive because of the steepness of the street.He suggested that the on-street parking on Grape start at Oregon Street rather than Valley Road since allthe homes face the side streets between Oregon and Valley. Bruce Snyder,State Farm Insurance Agency,504 Division,stated that there are three parking spaces on Division in front of his business but two of those are occupied by employees of other businesses on the street.That leaves one parking space in front of his business for customers. There was some discussion by the Council. Action Taken:Mr.Shinn moved thatthe ordinance be amended to allow on-street parking on Olive from Pioneer Way to Keifer Drive, parking be limited to two hours on the west side of Division between Fifth Avenue and Sixth Avenue,eliminate the disability parking space,that on-street parking be allowed on Grape Drive from the south side ofOregon Street to Dale Road,and the first reading of the ordinance be adopted,seconded by Mr.Deane./*-\ Mr.Pearce felt that on-street parking should be allowed on Olive from Juniper to PioneerWay. Action Taken:Mr.Blackwell moved that the motion be amended to allow parking on Olive from Pioneer to Juniper,seconded by Mr.Pearce,and passed with Mr.Shinn opposed. The amended motion passed unanimously. 6247 CITY COUNCIL MINUTES July26, 2005 ORDINANCES -TITLE 12 -1st READINGS Ordinances were presented which amend Title 12 ofthe Moses Lake Municipal Code./4i?/ GaryG.Harer,Municipal Services Director,statedthatthechanges simplify the languageand bring the chapters into compliance with actual practice. •-Mr.Shinn felt that 12.02.120,Local Improvement District,should be amended to include water, ^J sewer,and sidewalk improvements. Mr. Harer stated that the ordinance could be amended to include those improvements. Mr.Shinn pointed out that 12.12.010 requires the construction of sidewalks behind allnew curb construction. He feltthat provisionshould be made for installation of planterstrips at this time and also include the requirement to provide irrigationto the planter strip. Mr.Deane was concerned that 90%ofthe existing planter strips are not maintained at the present time and he was not in favor of them. The ordinanceCreating Chapter 12.02 ofthe Moses Lake Municipal Codeentitled "Definitions"was read by title only. Action Taken:Mr.Pearce moved that Section 12.02.120 be amended to include other local improvement districts and the firstreading ofthe ordinance be adopted,seconded by Mr.Blackwell, and passed unanimously. The ordinance amending Chapter 12.08 of the Moses Lake Municipal Code entitled "Community Street and Utility Standards"was read by title only. Action Taken:Mr.Shinn moved that the first reading of the ordinance be adopted,seconded by Mr.Lane,and passed unanimously. [^_J The ordinance amending Chapter 12.10 ofthe Moses Lake Municipal Code entitled "Driveway Access Control Standards"was read by title only. Action Taken:Mr.Lane moved that the first reading ofthe ordinance beadopted,seconded by Mr. Blackwell,and passed unanimously. The ordinance amending Chapter 12.12 of the Moses Lake Municipal Code entitled "Sidewalk Construction"was read by title only. James A.Whitaker,CityAttorney,recommended thatthe penalty provision,be revised to read "Any person,firm,or corporation violating or failingto comply with the provisions ofthis chapter shall be deemed to have committed a civil infraction subject to a C-3 penalty." Action Taken:Mr.Shinn moved that Section 12.12.010 allow for a 5'planter strip behind the curb, the penalty provision be amended,and the first reading ofthe ordinance be adopted,seconded by Mr.Lane,and passed unanimously. The ordinance amending Chapter 12.16 of the Moses Lake Municipal Code entitled "Street and UtilityConstruction Permits"was read by title only. Action Taken:Mr.Lane moved that the first reading ofthe ordinance beadopted,seconded by Mr. Reese,and passed unanimously. The ordinance amending Chapter 12.20 of the Moses Lake Municipal Code entitled "Snow i i Removal"was read by title only. James A.Whitaker,City Attorney,recommended thatthe penalty provision,be revised to read "Any person,firm, or corporation violating or failingto comply with the provisions ofthis chapter shall be deemed to have committed a civil infraction subject to a C-3 penalty." Action Taken:Mr.Pearce moved that the penalty provision be amended and the first reading of the ordinance be adopted,seconded by Mr.Lane,and passed with Mr.Shinn abstaining., The ordinance amending Chapter 12.24 of the Moses Lake Municipal Code entitled "Trees and Shrubs"was read by title only. 6248 CITY COUNCIL MINUTES July26, 2005 James A.Whitaker, City Attorney,recommended thatthe penalty provision,be revised to read"Any person,firm,or corporation violating or failing to complywith the provisions ofthis chapter shall be deemed to have committed a civil infraction subject to a C-4 penalty." Action Taken:Mr.Reese moved that the penalty provision be amended and the first reading ofthe ordinance be adopted,seconded by Mr.Blackwell,and passed unanimously. The ordinance amending Chapter 12.28 ofthe Moses Lake Municipal Code entitled "Fences,Walls ^.^^ and Hedges"was read by title only.f) James A.Whitaker,City Attorney,recommended thatthe Section 12.28.030,the penalty provision, be revised to read "Any person,firm,or corporation violating or failingto comply with the provisions ofthis chapter shall be deemed to have committed a civil infraction subject to a C-4 penalty." Action Taken:Mr.Pearce moved that the penalty provision be amended and the first reading of the ordinance be adopted,seconded by Mr.Deane,and passed unanimously. The ordinance amending Chapter12.32 ofthe Moses Lake Municipal Codeentitled "Addressesand Street Names"was read by title only. Action Taken:Mr.Reese moved that the first reading ofthe ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. The ordinance amending Chapter 12.36 of the Moses Lake Municipal Code entitled "Park Regulations"was read by title only. Action Taken:Mr.Lane moved that the firstreading of the ordinance be adopted,seconded by Mr. Pearce,and passed unanimously. The ordinance amending Chapter 12.40 of the Moses Lake Municipal Code entitled "Street Constructionor Improvement Reimbursement Charges" was read by titleonly. Action Taken:Mr.Lane moved that the first reading ofthe ordinance beadopted,seconded by Mr.f"N| Reese,and passed unanimously. The ordinance amending Chapter 12.44 of the Moses Lake Municipal Code entitled "Street Vacations"was read by title only. James A.Whitaker,City Attorney, recommended that Section 12.44.040, Compensation, be amended by adding "unlesswaivedbythe CityCouncil"afterRCW 35.79.010.This will allow the Council to waive the compensation requirement when vacating a street. Action Taken:Mr.Lane moved that Section 12.44.040 be amended by adding "unless waived by the City Council",andthe first reading ofthe ordinance be adopted,seconded by Mr.Reese,and passed unanimously. /QSf ORDINANCE -FANCHER ANNEXATION - 1st READING An ordinance was presented which provides for the annexation of approximately 5.7 acres of property located south of I-90and east of Potato Hill Road. The ordinance annexing property commonly known as the Fancher property,to the Cityof Moses Lake,Washington,and incorporatingthe samewithinthe corporatelimitsofthe Cityof Moses Lake, and which provides forthe assumption of existing indebtedness was read by titleonly. Action Taken:Mr.Blackwell moved that the firstreading of the ordinance be adopted and a public hearing besetfor August 23,seconded by Mr.Reese,and passed unanimously.^-x. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None 6249 CITY COUNCIL MINUTES July26, 2005 OTHER ITEMS FOR COUNCIL CONSIDERATION LAGUNA SHORES -STREET STANDARDS Phil Bloom,ColumbiaNorthwest Engineering,has requested a deviationto the Community Street and Utility Standards to construct narrower streets and a planter strip between the curbs and sidewalks inthe Laguna Shores Major Platwhichis locatedon Sage Road and Laguna Drive.The request is to allow the street width for Blue Heron Road to be reduced to 31'wide as measured i^_J from back of curb to back ofcurb,5*wide planter strips on both sides ofthe street.Community Standards require 361 of street width and sidewalks adjacent to the curb. Mr.Deane stated that he was concerned that reducing the width of the street would create more safety problems than it would solve. Mr.Pearce mentioned that allowinga narrower streetwith parkingon both sideswill slow the traffic. He also mentioned that the irrigationof the planter strip should be required. Mr.Shinn pointed out that this is a residential area and the traffic needs to be slowed down. Mr.Bloom stated that this is an ideal development forthe reduced right-of-way as itis a very short road which serves 15 residents.The peak daily traffic is one car every three minutes. Action Taken:Mr.Blackwell moved that the request to reduce the street width to 31'feet and for 5'planter strips and 5*sidewalks be granted,seconded by Mr.Lane, and passed unanimously. CENTRAL SCHOOL SHORT PLAT -SIDEWALK STANDARDS Jack Patrick, Patrick Real Estate Co.,has requested a deviation to the Community Standards to allow a 5'wide sidewalkand a 5'wide planter strip to be constructed along Fifth Avenue,Chestnut Street,and Balsam Street.Community Standards require a 6'wide sidewalk next to the curb. Mr.Patrick provided pictures of streets in Ephrata showing the sidewalk next to the curb and a {^_J planter strip next tothecurb.He stated that gravel will be installed in the planter strips until thesite is developed.Irrigation will be provided to the planter strip. Action Taken:Mr.Pearce moved that the request to construct a 5'planter strip and a 5'sidewalk along Balsam Street,Fifth Avenue,and Chestnut Street in conjunction with the Central School Short Plat be granted with the stipulation that a Certificate of Occupancy not be issued until the required landscaping is installed,seconded by Mr.Blackwell,and passed unanimously. BIOSOLIDS PHASE II -WORK HOURS MRM,contractor for the Biosolids and Phase II Improvements Project for the Sand Dunes and Larson Treatment Plants,has requested a deviation from the noise control regulations in order to be able to work 24 hours a day.The work will include pouring concrete and biosolids application. There are no near neighbors at the Sand Dunes plant and only one near neighbor at the Larson plant. Gary Harer,MunicipalServices Director,stated that MRMwillneed to work 24 hours a day inorder to get the project done before winter weather sets in. Action Taken:Mr.Shinn moved that the request be granted with the stipulation that staff address any complaints,seconded by Mr.Lane,and passed unanimously. GLENMOOR REACH 1 -VARIANCE i \Ed Greer,representing Glenmoor Reach 1,has submitted a variance request to the Glenmoor ^-^Reach 1 preliminary plat approval.The variance is for the lot depth of Lot 9,Block 1.Since the required cul-de-sac could not be constructed on adjacent property,it must be constructed within the Glenmoor Reach Plat.This narrows the center of the lot to less than the required lot depth. This request comes after the City Council approved the subject plat on May 11,2004.The subdivision code requires that any variances requested from the standards set forth by the code, be made at the time the preliminary plat is submitted. GilbertAlvarado,Community Development Director,stated that the municipal code requires that any waivers or deferrals of plat regulations be requested at the time the preliminary plat is submitted. At the time the Glenmoor Reach 1 preliminary platwas approved, a cul-de-sac was required tobe constructedon property outsidethe platboundaries. The ownerofthat property has //JCe 6250 CITY COUNCIL MINUTES July 26,2005 refused to allowthe cul-de-sac to be constructed so the developer will haveto construct the cul-de- sac withinthe confines of the plat. This will impact Lot 9, Block 1,by reducing the center partof the lotto approximately 90'and 100'is required.There willstill be sufficient area in the lot to allow construction of a home. Action Taken:Mr.Pearce moved that the variance request be granted,seconded by Mr.Deane, ,q and passed unanimously. )/5A PELICAN HORN APARTMENTS -USE OF RIGHT-OF-WAY O Phil Bloom,Columbia Northwest Engineering,on behalf of the owners of the Pelican Horn Apartments,has requested the use of city right-of-way on Sixth Avenue for parking purposes. Gilbert Alvarado,Community Development Director,stated that there are homes across the street from the Pelican Horn Apartments which are accessed from Sixth Avenue. There was some discussion by the Council. Mr.Bloom pointed out that presentlythis area is a gravel street and is already used for parking that encroacheseven more into the right-of-waythan the proposed parking.The proposed parking area will be paved and striped and curb and sidewalk will be constructed.The on-site parking does not meet current code and since there is no room for additional parking on site,the proposal is to improve the area on Sixth Street that is already being used for parking. There was some additional discussion concerning the layout and improvementswithinthe right-of- way. Action Taken:Mr.Deane moved that this item be tabled,seconded by Mr.Blackwell, and passed unanimously. ////SINKIUSE SQUARE Steve Mallory,ALSC Architects,completed a conceptual layout ofSinkiuse Square.The next step f^\ is to hire an architectural firmto complete a preliminary design. Gary Harer,Municipal Services Director,stated that pictures ofthe conceptualdesign have been provided. Mr.Mallory explained the conceptual design forthe Council. There was some discussion bythe Councilon the concept presented and itwas feltthe bathrooms block the stage and should be relocated. Action Taken:Mr.Blackwell moved that the concept be endorsed and direct staffto work with the consultanton relocating the restrooms and finalizing the plans,seconded by Mr.Shinn, and passed unanimously. /O/y VEHICLE REPLACEMENT The city needs to replace vehicles in the Police Department and Building Maintenance. Upon investigation it was discovered that the Toyota Prius was available from the state contract. Becausethese vehicles are in demand,the city has ordered the vehicles and is requesting thatthe Council confirm the purchase.The new vehicles will be used in the Police Department and Administration and willallow the transfer of the large passenger van to Building Maintenance and the surplus ofthe 1972 van. Joseph K.Gavinski,City Manager,stated that the cost of the Prius is reasonable and they are s~\ popularwith state governments because of the increased gas mileage.He mentioned that there are funds available to purchase these vehicles. MayorCovey stated that he discussed the purchase of the vehicles withthe City Manager prior to the city placing the order. Action Taken:Mr.Pearce moved that the decision of the City Manager to purchase two vehicles from the state contract be ratified,seconded by Mr.Blackwell, and passed unanimously. 6251 CITY COUNCIL MINUTES July26, 2005 MURALS Mr.Blackwell stated that a mural is proposed that will depict the lifeof Monty Holm. Colleen Trefz stated that the mural would be painted on the Broadway side of the Lazer Light Building.The building is owned by Dino Cacchiotti and he has given permission for the mural. Bill Chambers stated that the Moses Lake Business Association and the Chamber ofCommerce ^J have endorsed this project and theywould like the endorsement oftheCouncil. There was some discussion by the Council and it was pointed out that while the city has no objectionstothe murals,the mural committee shouldnotlooktothe cityfor funding for these mural projects. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS FAIRGROUNDS -ANNEXATION Mayor Covey mentioned that a letter has been received from the County Commissioners which states that the fairgrounds should receive water from the city because of a 1955 land transfer that included the installation of a water line to the fairgrounds.Even though the county requested the service be discontinued in the mid 1990's,they feel theyshould be receiving waterwithoutthe need for annexation.The City Attorney feels that there could be an argument that the city is no longer responsible for providing water,but the city willnot argue that point.There is an issue over sewer service.Sewer was never provided to the fairgrounds and the city's policy states that a property adjacent to the city limits must annex priorto receiving city services.The county wants to pursue a non-annexation agreement in order to receive city services.He pointed out that if the city does not stick to its policy, it will probably become null and void. Mr.Pearce stated that hewould be reluctant to even give them water based on their argument and \^_J that annexation should be required. Mr.Deane stated that the city's policy should be maintained but that discussions should be continued with the county. Mr.Reese felt the city should follow its existing annexation policy. Mr.Blackwell felt that the policy should be maintained butthat discussion should continue with the county. Mr.Shinn felt thatthere may be a waythat city servicescould be provided to the fairgrounds without requiring annexation and still keep the integrity ofthe city's annexation policy. Mr.Lane questioned why the County Commissioners do not want the fairgrounds annexed to the city. Mayor Covey stated that he was told by the County Commissioners that the Grant County Fair Board Members and the Rodeo Association are the organizations opposed to annexation and he would like to meet with them directly to answer their questions and concerns. Mr.Pearce felt that annexing the fairgrounds would be a positive move for all concerned. CITY MANAGER REPORTS AND COMMENTS QUARTERLY FINANCIAL REPORTu Joseph K.Gavinski,City Manager,stated that the quarterly financial report has been provided to the Council. QUARTERLY AIRPORT REPORT Joseph K.Gavinski,CityManager,stated thatthe quarterly airport report has been provided tothe Council. 07 //3(p /OOQ> 6252 CITY COUNCIL MINUTES July 26,2005 QUARTERLY AMBULANCE REPORT Joseph K.Gavinski, City Manager,stated that the quarterly ambulance report has been provided to the Council. The meeting was adjourned at 10:45 p.m. ATTEST: Ronald C.Covey,Mayor nald R.Cone,Finance Director n ~ ~