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2007 03 136491 MOSES LAKE CITY COUNCIL(^_J March 13,2007 Council Present:Ron Covey,Brent Reese,Jim Liebrecht,Bill Ecret, Jon Lane, Dick Deane,Brent Reese,and Richard Pearce PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the pledge of allegiance. MINUTES:Mr.Ecret moved that the minutes of the February 27,2007 meeting be approved, seconded by Mr.Lane,and passed unanimously. APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be approved,seconded by Mr.Deane,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 recordedon a listing which has been made available to the Council for approval and is retained for public inspection at city hall. As of March 13,2007 the Council does approve for payment claimsinthe amount of $955,311.94; prepaid claims in the amounts of $29,480.46 and $126,985.16;checks in the amount of $1,773,436.84;and payroll inthe amount of $42,432.33. U PRESENTATIONS AND AWARDS FINANCE DEPARTMENT (&£ The Finance Department was presented with the Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for 2005. Ron Cone,Finance Director,stated that itis very seldomthat this award is presented fora firsttime submittal and this was the first time for Bob Taylor, Linda Beisel, and Jeanette Jones. CONSENT AGENDA Ordinances -Administrative Enforcementof Ordinance Violations -1st Reading:Jim Whitaker,City Attorney,explained the amendments tothe Municipal Code thatchange the process bywhichan order to comply is issued to those persons in violation of the code and the process used to abatement the problem if itis not addressed by the violator. Action Taken:Mr.Ecret moved thatthe administrative enforcement ofordinances be placed on the Consent Agenda for both the first and second readings,seconded by Mr.Pearce,and passed unanimously. Ordinance -Creating Chapter 1.20:The ordinance creating Chapter 1.20 of the Moses Lake //oX Municipal Code entitled "Administrative Enforcement"was presented. ,\Ordinance - Amending Chapter5.04: The ordinanceamending Chapter5.04 of the Moses Lake JO b£ V„/Municipal Code entitled "Licensing Regulations"was presented. 6492 CITY COUNCIL MINUTES March 13,2007 //LpO Ordinance -Amending Chapter 6.05:The ordinance amending Chapter 6.05 of the Moses Lake Municipal Code entitled "Animal Control"was presented. ))53 Ordinance -Amending Chapter 8.08:The ordinance amending Chapter 8.08 ofthe Moses Lake Municipal Code entitled "Garbage Collection"was presented. JJS3 Ordinance -Amending Chapter 8.14:The ordinance amending Chapter 8.14 of the Moses Lake Municipal Code entitled "Nuisances"was presented. J/53 Ordinance -Amending Chapter 8.20:The ordinance amending Chapter 8.20 of the Moses Lake Municipal Code entitled "Weed Control"was presented. //53 Ordinance -Amending Chapter 8.22:The ordinance amending Chapter 8.22 of the Moses Lake Municipal Code entitled"NoxiousWeed Control"was presented. //SJ Ordinance- Amending Chapter 8.28: The ordinance amending Chapter 8.28 of the Moses Lake Municipal Code entitled "Noise Control"was presented. //SJ Ordinance -Amending Chapter 8.50:The ordinance amending Chapter 8.50 ofthe Moses Lake Municipal Code entitled"ResidentialVehicle Storage"was presented. //JV Ordinance - Amending Chapter 8.54: The ordinance amending Chapter 8.54 of the Moses Lake Municipal Code entitled "Abandoned Vehicles and Junk" was presented. /0<27 Ordinance -Amending Chapter 10.36:The ordinance amending Chapter 10.36 ofthe Moses Lake fl Municipal Code entitled "Junk Vehicles"was presented. /JQ>f Ordinance -Amending Chapter 12.08:The ordinance amending Chapter 12.08 ofthe Moses Lake Municipal Code entitled "Community Street and Utility Standards"was presented. //&>/Ordinance-Amending Chapter 12.20:The ordinanceamending Chapter 12.20ofthe Moses Lake Municipal Code entitled "Snow Removal"was presented. //{>/Ordinance -Amending Chapter 12.28:The ordinance amending Chapter 12.28 ofthe Moses Lake Municipal Code entitled "Fences,Walls, and Hedges"was presented. /0 7 s"Ordinance -Amending Chapter 13.04:Theordinance amending Chapter 13.04 ofthe Moses Lake Municipal Code entitled "Sewer Regulations"was presented. /O 7 y Ordinance -Amending Chapter 13.07:The ordinance amending Chapter 13.07 of the Moses Lake Municipal Code entitled "Water Regulations"was presented. /O 7 t/Ordinance -Amending Chapter 13.09:The ordinance amending Chapter 13.09 ofthe Moses Lake Municipal Code entitled "Cross Connection Control"was presented. /G(f/Ordinance -Amending Chapter 17.44:The ordinance amending Chapter 17.44 ofthe Moses Lake Municipal Code entitled "Violations"was presented. '•O^l'Ordinance -Amending Chapter 18.10:The ordinance amending Chapter 18.10 ofthe Moses Lake /^"N Municipal Code entitled "Citywide Regulations"was presented. n 6493 CITY COUNCIL MINUTES March 13, 2007 ^J Ordinance -Amending Chapter 18.57:The ordinance amending Chapter 18.57 of the Moses Lake /OS / Municipal Code entitled "Landscaping"was presented. Ordinance -Amending Chapter 18.58:The ordinance amending Chapter 18.58oftheMosesLake /Osy Municipal Code entitled "Signs"was presented. Ordinance -Amending Chapter 18.65:The ordinance amending Chapter 18.65 ofthe Moses Lake /OS </ Municipal Code entitled "Manufactured Home Parks"was presented. Ordinance -Amending Chapter 18.78:The ordinance amending Chapter 18.78 oftheMoses Lake IQ5L/ Municipal Code entitled "Personal Wireless Service Facilities"was presented. Ordinance -Amending Chapter 18.80:The ordinance amending Chapter 18.80 ofthe Moses Lake /O^y Municipal Code entitled "Hearing Examiner"was presented. Ordinance -Creating Chapter 18.88:The ordinance creating Chapter 18.88 of the Moses Lake )0£Y Municipal Code entitled "General Administrative and Enforcement"was presented. Ordinance-Amending Chapter 20.03:The ordinance amending Chapter 20.03 oftheMoses Lake /O // Municipal Code entitled "Administration"was presented. Pelican Horn Short Plat -Waiver/Deferral Reouest:Phil Bloom,Columbia Northwest Engineering,//£(* submitted a request for waivers and deferrals from the subdivision requirements for the proposed Pelican Horn Short Plat.The Planning Commission recommended that the waivers and deferrals I J be granted. Resolution-Accept Water Main Improvements -Mario Avenue: A resolution was presented which //<£?U accepts the water main improvements on Mario Avenue to serve the Tucker Mini Storage development. Resolution -Abandon Easement -Storms Major Plat:Aresolution was presented which abandons /0/3 an easement on the Storms Major Plat. Covenant -Tucker Mini Storage:Staff requested authorization to call in the covenant approved for //£(s the Tucker Mini Storage for the water main in Mario Avenue. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Ecret, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AQUATIC CENTER EXPANSION W The cityreceivedtwo bids for the Moses Lake AquaticCenter Expansion Rebid. The bidscame in over budget. Gary G.Harer,Municipal Services Director,stated the one reason the bids were higher than expected is because the lazy river was bidas an alternate.Hementionedthatthe cityhas 60days to award the bid. JDOO 6494 CITY COUNCIL MINUTES March 13,2007 Joseph K.Gavinski,City Manager,statedthatthe bidsare higher thananticipated andstaffhas not yetinvestigated additional funding sources. He pointed outthatthe flow rider has been purchased at a cost of $750,000. Mr.Liebrecht felt that the project should be tabled because of the high cost. Mr.Pearce pointed out that the city finances are in good shape and the city has committed itself by purchasing the flow rider. Mr.Reese was infavorof having staff investigate funding sources and proceeding withthe project. Mr.Deane was in favor of proceeding with the project. Mr.Ecret felt that the staff should investigate funding possibilities. Mr.Lane also felt that the city should proceed with the project. Action Taken:Mr.Peace moved that the bid be tabled and staff be directed to investigate funding sources,seconded by Mr.Ecret, and passed unanimously. /JLpie SEWER LINING PROJECT The city received four bids forthe 2007 Sewer LiningProject. This project consists of lining more than 27,000'of 8",10"and 12"concrete sewer main in the Peninsula area. Action Taken:Mr.Liebrecht moved that the bid be awarded to Insituform Technologies in the amount of $591,507.80,seconded by Mr.Reese,and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS l/2(f THE CROSSROADS MAJOR PLAT The Crossroads Major Plat is located on property currently in the county butin the process ofbeing annexed to the city.The development will be constructed to city standards. Joseph K.Gavinski,City Manager,mentioned that a meeting was held with the developer and his civil engineer,Phil Bloom of Columbia Northwest Engineering,to inform them of the city's regulations.He mentioned that a developer agreement may be required. Mr.Bloom stated that the first phase of the development,consisting of about 56 lots will be submitted to the county with the hope that the annexation will be completed and the remainder of the property will be developed under city standards.The first phase will be constructed to city standards also.He mentioned that a park is being discussed as part of the development of this property and other properties in the area. There was some discussion concerning the development of a park in this area. It was the consensus that a development agreement be drafted for The Crossroads Major Plat project. n n n 6495 CITY COUNCIL MINUTES March 13,2007 [^ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND WATER/SEWER RATES -1st READING An ordinance was presented which amends the water and sewer rates in the city. The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water and Sewer Rates"was read by title only. Ron Cone,Finance Director,explained the increases to the water and sewer rates. There was some discussion concerning the reasons why the rates are raised every year. Action Taken:Mr.Pearce moved that the firstreading of the ordinance be adopted,seconded by Mr.Ecret,and passed unanimously. RESOLUTION -ACCEPT DONATION -MOSES LAKE INDUSTRIES A resolution was presented which accepts $40,000 from Moses Lake Industries.The funds are to be used at the Larson Recreation Center. The resolution accepting a cash donation of $40,000 from Moses Lake Industries was read in its entirety. i j Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Ecret,and —passed unanimously. RESOLUTION -ACCEPT DONATION -MOSES LAKE TOWING FIRMS A resolution was presented which accepts $600 from Beeline Towing, Central Towing,Halls Towing, Moses Lake Towing, Vista Towing, and AgrifixTowing. The funds are to be used fora sound system at the skating rink. The resolution accepting a cash donation of $600 from Beeline Towing, Central Towing,Halls Towing, Moses Lake Towing,Vista Towing, and Agrifix Towing was read by titleonly. Bill Moe,representing the towing companies, stated that the ice skating rink is an asset to the community but it needs a sound system. Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Deane,and passed unanimously. REQUEST TO CALL FOR BIDS DUNES WWTP LAB UPGRADE Staff requested authorization to call for bids for the Sand Dunes Wastewater Treatment Plant Lab ^Upgrade project.This project will consist of upgrading the existing lab to accommodate the two ~"employees that are needed to complete the required testing for the new plant. U /07* }0</(* /Oc/Ce /2DX f90 6496 CITY COUNCIL MINUTES March 13,2007 Action Taken:Mr.Reese moved that staff be authorized to callforbids,seconded by Mr.Lane, and passed unanimously. REFERRALS FROM COMMISSIONS ORDINANCE - KUNZE FARMS/HANSEN ZONE CHANGE - 1st READING An ordinance establishing the zoning for the Kunze Farms/Hansen property that was recently annexedwas presented.The property west of Fairway Drive is proposed tobezoned R-1,Single Family Residential,and the property south of I-90 is proposed to be zoned C-2,General Commercial and Business. The ordinance amending Section 18.09.040 ofthe Moses Lake Municipal Code was read by title only. Gilbert Alvarado,CommunityDevelopmentDirector,explained thattheareasthecityannexes have previously been included in the city's Urban Growth Area.The Urban Growth Area was established,through negotiations with the county,for that area thatthe city felt would be needed to accommodate its growth for the next 20 years.He explained the annexation process. He mentionedthatthezoning for the property hastobe consistent with the land use designation ofthe Comprehensive Plan. Mayor Covey explained the itemsthe city must consider when annexing and zoning property and the services the city must provide. Action Taken:Mr.Pearce moved that the firstreading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. ORDINANCE -SCHNEIDER HOMES ZONE CHANGE -1st READING An ordinance establishing the zoning forthe Schneider Homes propertylocated in Cascade Valley that was recently annexed was presented.The property is proposed to be zoned R-2, Single Family and Two Family Residential. The ordinance amending Section 18.09.040 of the Moses Lake Municipal Code was read by title only. Gilbert Alvarado,Community Development Director,explained that the areas the city annexes has previously been included in the city's Urban Growth Area.The Urban Growth Area was established,through negotiations with the county,for that area that the city felt would be needed to accommodate its growth for the next 20 years.He explained the annexation process.He mentioned that the zoning for the property has to be consistentwith the land use designation ofthe Comprehensive Plan. He explained that this area was the subject of a law suit filed by the developer against the Grant County Boundary Review Board for its denial ofthe annexation ofthe property to the city.The developer prevailed in that law suit and the property was annexed into the city. He pointed out that the proposed zoning matches the zoning that was in place when the area was still in the county. Ron VanNurden,8251 Kestrel Drive,wanted to know the size of the sewer and water mains that will be extended across the lake.He stated that no storm sewers will be installed and that the runoff from the streets and sidewalks will seep into the ground. He was concerned about the n n n 6497 CITY COUNCIL MINUTES March 13, 2007 (^J increased traffic on the Alder Street Fill from this proposed development and felt that asecond lake crossing is needed.He also felt that the city will need to locate fire and police stations on the west side ofthe fill and wanted to know if the annexed area will affect the city's fire rating. He felt that the area should not be rezoned until some of these issues have been addressed. Mr.Alvarado pointed out that the developer has submitted no plans for the property but the city's community standards require that runoff be retained on site. Joseph K.Gavinski,City Manager,stated that the city has enough sewer and water capacity to serve a good portion of Cascade Valley. Mayor Covey stated that the city is aware that a second lake crossing will be needed at some time in the future but the city does not have the financial capacity to construct one on its own. Corbin Moberg,Asst.FireChief,stated that the area was evaluated and the additional distance will not affect the firerating.The city is discussing the provision of facilities on the west side of the fill in the future. Mr.Deane felt that the city has plans in place to accommodate the growth that is happening in the area. Mr.Ecret felt that the traffic on the Alder Street Fill may be eased with the four laning of Highway 17. I )Mr.Alvarado pointed out that the issue at hand is zoning and the specific issues of traffic and — utilities will be addressed when developments are proposed. Phil Bloom,representing Schneider Homes,stated that the issues of traffic and utilities will be addressed when a development is proposed.The developer is inthe initial stages of discussions withthe city for the extension of water and sewer across the lake to service this property.When development takes place in Cascade Valley a traffic impact study will need to be done. Mayor Covey stated thatthe residents of CascadeValleyneed to express theirconcerns aboutthe traffic issues to the County Commissioners. Greg Huff,8214 Teal Road,\vas opposed to allowing duplexes in the area since the existing developments areon at least 1/2 acre lots.The addition of 400 to 500 homes inthe area will add a lot oftraffic onto the existing roads. Mr.Alvarado pointedout that the area is being rezoned to the city's R-2which corresponds to the county's zone. Sheila Bristol,2116 Elgin Road, wanted to know ifthis is the same developer who attempted to develop the manufactured home park seven years ago and why the law suit was in filed in Ellensburg rather than in Grant County. U Mayor Covey stated that Schneider Homes is not the developer of the previously attempted manufactured home park. Hepointedoutthatthe lawsuitwas not filed bythe Cityof Moses Lake. 6498 CITY COUNCIL MINUTES March 13,2007 James A.Whitaker,CityAttorney,stated thatthe lawallowsasuitthat involves a countyto be filed ineitherthe participating county oreitheroftwodesignated adjoining counties.Mr.Schneider and his Seattle attorney chose to file in Kittitas County. Cara Galbreath,8487 Diamond Point Circle,was concerned about the increase in traffic,as well as the ability of emergency services to access the area,the alreadyexistingcrimeinthe area, and she feltallowing multi-family homes will increase the problems.She also feltthat acity parkshould be included with this development. Mayor Covey pointed outthatthe cityis notthe governing bodyof Cascade Valley except for the area being annexed. He pointed out that fire and police protection are currently provided by the county. The countydoes not provide parks for itsresidents. He felt thattraffic flow and police and fire protection will improve once the city has jurisdiction. A letter was received from the Central Basin Audubon Society expressing their concern about the loss of habitat and recommending a 200'wide set back from the high water mark of Moses Lake forany housing development and a 100'setback from the high water mark as a natural area. Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by Mr.Lane,and passed unanimously. OTHER ITEMS FOR COUNCIL CONSIDERATION /0/9A CRACK SEAL PROJECT - EARLY START BCV,the contractor for the crack seal project,has requested permission to begin work at 5 a.m. on Stratford Road,Yonezawa Boulevard,and Clover Drive due to the high traffic volumes.The project should be completed in May. icpP Action Taken:Mr.Ecret moved that the request be granted,seconded by Mr.Lane,and passed unanimously. REC SOLAR GRADE SILICON -ANNEXATION Notices of Intention to Commence Annexation Proceedings was presented to Council for property owned by REC Solar Grade Silicon LLC, National Frozen Foods,and Guardian Fiberglass. Joseph K.Gavinski,City Manager,distributed a summary showing the different steps of the annexation proceedings.He pointed out the location of the properties that will be included in this annexation. Action Taken:Mr.Lane moved that the Notices of Intent be receipted,seconded by Mr.Ecret,and passed unanimously. Action Taken:Mr.Deane moved that the City Manager be authorized to sign the annexation petition on behalf of National Frozen Foods as provided for in the Extra Territorial Utility Agreement,,Covenant Runningwith the Land,PowerofAttorney,and Easement,seconded by Mr. Liebrecht,and passed unanimously. n n n 6499 CITY COUNCIL MINUTES March 13, 2007 ^J REQUEST FOR CITY WATER AND SEWER Michael Bickler,Vice-President,Operations for Smart Homes,requested city water and sewer for Lots 6 -10 of Bitton Plat located on Fairchild Loop. Action Taken:Mr.Pearce moved that the request be granted with the condition that an Extra Territorial Utility Extension Agreement be required,seconded by Mr.Reese,and passed unanimously. REQUEST FOR CITY WATER AND SEWER Dr.Stuart O'Byrne requested city water and sewerfor his property located between Winesap Drive and Road 3 on Westshore Drive.There is a 12"water main located in Westshore Drive.The 6" sanitary sewer force main in Westshore Drive was installed to service the Moses Pointe projectwith the understanding that it would be replaced with a gravity main as development occurs.The development of Dr.O'Bryne's property should trigger the installation of the gravity main. Gary G. Harer, Municipal Services Director,stated thatthere is sufficient capacity to serve the area with city water.The city is required to reserve enough sewer capacity to serve Moses Pointe at its full build out.The gravity sewer main will need to be extended 4,000'from the city limits to serve this property and will eventually replace the existing force main. U W There was some discussion by the Council. Action Taken:Mr.Ecret moved that the request be granted with the condition that an Extra Territorial Utility Agreement be required,seconded by Mr.Liebrecht, and passed unanimously. AIRPORT LEASES The Airport Commission has requested reconsideration of some of the terms of the lease agreements on the Municipal Airport.The revised leases were presented. Joseph K.Gavinski, City Manager, stated that one of the concerns about the lease was the statementthat ifthe city closed the Municipal Airport,the leases would be terminated with 30 days notice.The statement has been deleted from the leases as there is little likelihood of the city closing the airport.The terms of the lease require renegotiation every five years and the closure ofthe airport couldbe consideredatthattime. The amountofthe rentwas changed from $.09 per square footto$.10 persquare footfor the non-commercial properties.The commercial lessees will need to provide product liability and the non-commercial lessees would not. The section on the Rights to Terminate was deleted but he suggested that itbe retained. A section was added to the Risk of Loss to providethat the citywould be responsible for its negligence. The amount charged for the tie down spaces will be reduced from $25 per month to $15 per month. There was some discussion and the Council felt that the leases as changed should be approved except that the section on the Rights to Terminate should be retained. Action Taken:Mr.Pearce moved that the section on Rights to Terminate be retained and the other changes be adopted, andthe amended leases be approved,seconded by Mr.Reese,and passed unanimously. y/tois //bO yoou> 6500 CITY COUNCIL MINUTES March 13,2007 NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS lilt ALCOHOL IN PARKS )&&Brent Kirwan,President of the Spring Festival and representing the Pirates Baseball Team, requested permission to have a beer garden again this year at the Spring Festival and the home games of the Pirates Baseball team.There were no problems at either the Spring Festival orthe Pirates baseball games last year.This year he requested permission for people purchasing beer at the Pirates baseball games to be allowed to take the drink back to the stands.There is a designated family section where no alcohol would be allowed. There was some discussion by the Council. Action Taken:Mr.Ecret moved that the request for beer gardens during the Spring Festival and the Pirates baseball games be granted and that alcohol be allowed except in the designated family area in the stands at Pirate baseball games unless there are problems at which time alcohol in the stands would be prohibited,seconded by Mr.Lane,and passed with Mr.Deane and Mr.Liebrecht opposed. COUNCIL QUESTIONS AND COMMENTS ///7 TRAFFIC ISSUES -CASCADE VALLEY ANNEXATION -GRANT COUNTY COMMISSIONERS Mayor Covey stated that he received a letter from the Grant County Commissioners expressing /^N their concern about the traffic impacts to the county road system from the development of the f ) proposed annexation of additional property in Cascade Valley and the fact that there are no contiguous city roadsto serve these annexed areas.They are requesting a meeting to discuss this issue. After some discussion it was determined that a meeting be set for some time Tuesday,March 27. CITY MANAGER REPORTS AND COMMENTS /3Y3 COUNCIL/STAFF RETREAT - REPORT Joseph K.Gavinski,City Manager,distributed a report on the 2007 City Council/staff retreat. HI7 RED LIGHT CAMERA Joseph K.Gavinski, City Manager, distributed a report on the number of vehicles that are running the red lights at Valley and Stratford. //3lf LEASE/PURCHASE FINANCING Joseph K.Gavinski, City Manager, distributed informationon alternative methodsof financing public projects.There may be some savings to the city in project construction costs. ;/)?/STREET.WATER.AND SEWER REIMBURSEMENT CHARGES \j ,'Joseph K.Gavinski,City Manager,submitted the updated charges for water, sewer, and street reimbursements./ n n u U KJ CITY COUNCIL MINUTES 6501 March 13,2007 BUILDING ACTIVITY REPORT The February 2007 Building Activity Report was presented. INVESTMENT REPORT The investment report showed the city earned $72,715.01 in investment income in February 2007. SALES TAX/TRANSIENT RENTAL INCOME yj££SJosephK.Gavinski,City Manager,reported that the city received $453,335.99 in sales tax and y/s^£ $17,539.14 in transient rental income in February 2007. The regular meeting was adjourned at 10:30 p.ytf. ATTEST:Ronald C.Covey,May 'A Ronald R.Cone,Finance Director /O^O/i /00 3