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2007 04 24u 6520 MOSES LAKE CITY COUNCIL April 24,2007 Council Present:RonCovey,Jim Liebrecht,Bill Ecret,Jon Lane,Dick Deane,Richard Pearce,and Brent Reese PLEDGE OF ALLEGIANCE:Mayor Covey led the Council inthe pledge of allegiance. MINUTES:Mr.Deanemoved thatthe minutes ofthe April 10,2007 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.Ecret,and passed unanimously. Vouchers auditedand certified bythe Finance Director as required by RCW42.24.080,andthose expense reimbursement claims,certified as required by RCW 42.24.090,havebeen recorded on a listing which has been made available to the Council for approval and is retained for public inspection at city hall. AsofApril 24,2007 the Council does approve for payment claims in the amount of$915,241.24; prepaid claims in the amounts of $40,076.99;checks in theamount of$10,152.50;and payroll in the amounts of $44,659.44. PROCLAMATIONS The proclamation declaring May 4 and5, 2007as Moses LakeWhiteCane Days was read in its entirety. The proclamation declaring May 18 and 19,2007 as the AmericanCancer Society Moses Lake Relay for Life Days was read in its entirety. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Accept Work -2006 Seal Coat Project:Basin Paving Company hascompleted the2006 Seal Coat /O/J,- Projectwhich consisted of chip sealing and fog sealing various city streets.The work should be accepted and the 45-day lien period entered into. Lakeside Disposal -Contract Amendment:Anamendment tothe contract with Lakeside Disposal jq£f and RecyclingCo.was presented. This amendment allowsLakeside the choice of delivering the solid waste to either Grant County's Ephrata landfill or the refuse transfer station operated by Consolidated Disposal. Grant County Solid Waste Management Plan -Amendment:An updated Inter-Local Agreement )0£<r with Grant County for solid waste management was presented. Western Display Fireworks -Contract:A contract was presented with Western Display Fireworks /03(F I )for the 4th of July fireworks display. Ordinance -Create Pelican Horn PURD -2nd Reading:An ordinance was presentedwhich creates //^fr the Pelican Horn Planned Unit Development located on Division Street. 6521 CITY COUNCIL MINUTES April 24, 2007 /0/3 Resolution -Abandon Easement -Bluff West/Cove West:A resolution was presented which abandons the easement located on each side of the lot line between Lot 1,Block 2,Bluff West Major Plat and Lot 33,Cove West Major Plat. //3y Resolution -Adopt National Incident Management System:A resolution was presented which adopts the National Incident Management System as the recognized incident management model which will be utilized in the event of a major emergency. ZO/3 Resolution - Accept Easement -Bluff West: A resolution was presented which accepts an easement from Smart Homes located on the west 10'of the east 25'of Lot 1,Bluff West Major Plat. /O /$Resolution -AcceptEasement -Sparks:A resolution was presented which acceptsa utility access easement from David L.Sparks for municipal purposes to access Lot 2 of Sparks Short Plat. /£)/9 Resolution - Accept Fire Hydrant Improvements:A resolution was presented which acceptsthe hydrant improvements in dedicated right-of-way at 322 Gibby Road. //yp Resolution - Accept Grant-Police Department:A resolution was presented which accepts a $2,500 grant from the Washington Association of Sheriff's and Police Chiefs.The funds will be used for an in-car digital video system. //yO Resolution -Accept Grant -Police Department:A resolution was presented which accepts a $2,945 grantfromtheWashington TrafficSafety Commission's School Zone Enforcement Program. The funds will be used to purchase a traffic radar unit. /Q/Yt>Resolution - Accept Deed -Catholic Church:A resolution was presented which acceptsa deed from the Catholic Bishop of Yakima for right-of-way for Paxson Drive. Action Taken:Mr.Lane moved that the Consent Agenda be approved,seconded by Mr.Liebrecht, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES /O30 COMMUNITY DEVELOPMENT PORTABLE BUILDING The city requested quotesonthe various aspects of moving a portable building tothe intersection of Fourth and Balsam. This building would be used by the Community Development Department. The work to transport,set up and renovate the building could not be done by one contractorso quotes were requested for each category of work. Gary G.Harer,Municipal Services Director,statedthatnoquoteswere received for several ofthe items and all ofthe quotes were overthe engineer's estimates. Heexplainedthatthe estimates mayhavebeen low because the workthat needs tobe done for this project isoutsidethe expertise of the city's engineers. There was some discussion by the Council. Joseph K.Gavinski,CityManager,recommended thatthe quotes be rejected,the building be sold, and space be leased elsewhere for the Community Development Department. n o n 6522 CITY COUNCIL MINUTES April 24, 2007 \_J Action Taken:Mr.Deane moved that the quotes be rejected,seconded by Mr.Lane,and passed unanimously. SAND DUNES LAB ADDITION The city received two bids for the Sand Dunes Lab Addition Project.This project consists of upgrading the existing lab toaccommodatethe twoemployees needed tocomplete all the testing that is required at the new plant. Gary G.Harer,Municipal Services Director,recommendedthatthe generatorbededucted from the bid. There was some discussion by the Council. Action Taken:Mr.Lane moved that the bid be awarded to Tom-El Construction in the amount of $287,602.05,whichincludes eliminating the generatoranddeletingthe removalofthe motorcontrol center,seconded by Mr.Liebrecht, and passed unanimously. PRINTER/PLOTTER The city received threebidsfor thenew printer/plotter for the Municipal Services Department.This equipment will replace the blue print machine. Action Taken:Mr.Pearce moved that the bid be awarded to Abadon in the amount of $20,123, {^_J<—seconded by Mr.Ecret,and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS SIGNS -LETTER CARRIERS The National Association of LetterCarriers requested permissionto post fourtemporary signs in public right-of-ways toadvertise their national food drive onMay 12.Thebanner signs will beabout 3'by 6' and about 3'off the ground. Susan Hagaman,National Association of Letter Carriers Food Drive Chair,stated that in 2006 over 70,000,000 pounds of food was collected nation wide.Over the last 14 years over765,000,000 poundsof food has been collected.The food goes tothe local food banks. ActionTaken:Mr.Ecretmoved thatthe request be granted,seconded by Mr.Lane, and passed unanimously. DRIVEWAY DEVIATION -CENEX Cenex requested a deviation ofthe Community Standards to allow 50'and 60'driveways on East Broadway for the Cenex operation.The normal driveway width is 40'which allows traffic to enter and exitthe driveway in a uniform pattern to reduce accidents and reduces the length of the crossing for pedestrians.If this deviation is granted for Cenex,Ladd Irrigation is requesting the same deviation for their driveways. U Gary G.Harer,Municipal Services Director,explained the history ofthe area and stated that staff has met with the ownersofthe property in the area.He statedthatbecause ofthe doubletrailer trucks using the sites,the city agreed to a 50'driveway.The property owners still want the 60' driveways. MO* /D>?6 Ufa TA //*(/ 6523 CITY COUNCIL MINUTES April 24,2007 There was some discussion by the Council. John Robertson, Cenex, explained that buses and tractor trailers gas up on the east side of the pumpsandwith thenumberofclosecallssincethe driveways havebeen established,he requested a 100'drivewayon the east side. He did not feel that pedestrian safety would be an issue since few people would be walking in this area. There was some additional discussion by the Council. Action Taken:Mr.Pearce moved that two 50'driveway cuts be allowed for Cenex,seconded by Mr.Liebrecht,and passed unanimously. GRANT COUNTY CENTENNIAL CELEBRATION GrantCounty was established in 1909 and a centennial celebration is being organized. Bob Mayer,9 KStreet NE,Ephrata,stated thathe isa board member ofthe GrantCounty Historical Society which is organizing a centennial celebration of the formation of Grant County. The celebration will begin in2009 and events will includea county quilt,pictures from each cityinGrant County from the earlydays ofthe county,identification of historical sites on the paths and trails in the communities of GrantCounty,use centennial theme for community parades, and an auctionof antiques. He mentioned that volunteers are needed to help with these events.He stated that it was suggested that funds be raised by requesting $.25 percapita from each cityinthe county. There was some discussion by the Council and itwas pointedout that the city has constraints on how itcan spend money and that any funds would probably come from the tourism budget and would have to be used for advertising purposes. Itwas the consensus of the Council that the project be taken under advisement. THE GREENS PRELIMINARY MAJOR PLAT AND PLANNED UNIT RESIDENTIAL DEVELOPMENT -APPEAL The Community Development Department received an appeal with regard to the Planning Commission's recommendation to approve The Greens Preliminary Plat and Planned Unit Residential Development.The appeal was filedby Gerry McFaulwithinthe appeal period specified under MLMC 20.11,entitled Appeals. Gilbert Alvarado,Community Development Director,stated that the complete record has been provided to the Council and all parties of record have been notified. Anne Henning,Associate Planner,stated that this planned unit development is different from a standard residential subdivision in that the houses face each other across a green space rather than a street.The streets are located behind the houses.All the houses have garages which access the streets.The houses are approximately 1100 square feet on smaller lots since this is an age restricted community of 55 or older. All the landscaping will be maintained by a home owners association.There will also be a community center for the residents of this development. She mentioned thataccess to the developmentwillbe from Ninth only and therewillbe no on street parking.No boats or rvs are allowed except within a garage.f^"^ There was some discussion by the Council. n r^ 6524 CITY COUNCIL MINUTES April 24, 2007 \/Mayor Covey explained that the appeal is a closed record hearing and then explained the process. He mentioned that he was contacted by Mr.McFaul about this planned unit residential development. Gerry McFaul,940 S. Garden, appellant,stated that the R-1 density should be maintained adjacent to the existing R-1 residential area. He pointed out that if the area were developed under the standard R-1 regulations,25 homes would be allowed.The proposed planned unit development is shown with 43 homes.One ofthe roads in the planned unit development willbe placed adjacent to existing residential homes.He was concerned about the fact that the road would only be 5'from the property line but that no access would be allowed fromthe existing residential development. He wasconcerned that by using the planned unit development regulations,deviationswere needed to the subdivision and zoning regulations. He pointed out that the property adjacent to the existing residential development is R-1 and he requested that it remain as R-1.He was also concerned about the lack of parking available for visitors. He pointed out that the narrow streets would be restrictive forlarger vehicles such as garbage trucks,moving vans,delivery vans,and emergency vehicles.He requested that additional visitor parking be required, and the road adjacent to the existing residential development be moved orthat they be allowedto have access to that road. Michael Norman, proponent,stated that they are proposing a 68 unit,age restricted development on 11 acres.He pointed out that the city's regulations allow for flexibility in planned unit developments.He feltthatthe development isa balance between existing regulations,will notadd substantial traffic to the area,and 54%of the development will be in open space. Mr.Pearce wanted to know what type of lighting will be installedinthe development and whether (^J access would be allowed from the proposed street to the existing development. Mr.Norman stated that they will install streets lightsas required by the PUD but will minimize the impactonthe adjacent neighborhood as muchas possible. Hementionedthatmostofthe lighting will be in the front ofthe homes and will be low level to light the sidewalks.He mentioned that the development as proposed will include landscaping ofthe 5'between the existingdevelopmentand the road.Access to the existing residences is not intended as there is no desire to have non residents ofthe plannedunitdevelopment to be routinely driving throughthe area. He pointedout that the narrow roads slow the traffic,there is a see through fence along Division, and the perimeters will be landscaped. Rich Walpole,Columbia Northwest Engineering,stated that the proposal is a good project and meetsthe requirements ofthe code.He mentionedthatthe streets are narrow inorderto keep the traffic slow. More parking has been added to address that concern. Mayor Covey statedthatthe Council would adjourn to an executive session at the close of the regular meeting to deliberate on the appeal ofthe approval bythe Planning Commission ofThe Greens Preliminary Major Platand Planned UnitResidential Development. ORDINANCES AND RESOLUTIONS ORDINANCES-AMEND ADMINISTRATIVE ENFORCEMENTAND SIDEWALK CONSTRUCTION //Q ^ -1ST READINGS U Ordinances were presented which provide for administrative enforcement of violations of the sidewalk construction regulations and amend the enforcement regulations of the sidewalk construction regulations. 6525 CITY COUNCIL MINUTES April 24,2007 //£A The ordinance amendingChapter1.20ofthe Moses Lake Municipal Code entitled "Administrative Enforcement"was read by title only. Action Taken:Mr.Pearce moved that the firstreading of the ordinance be adopted,seconded by Mr.Ecret,and passed unanimously. j ii j The ordinance amending Chapter 12.12 ofthe Moses Lake Municipal Code entitled "Sidewalk Construction"was read by title only. Action Taken:Mr.Lane moved that the firstreading of the ordinance be adopted,seconded by Mr. Liebrecht,and passed unanimously. //W ORDINANCE - CREATE CHAPTER 12.14 -SIDEWALK USE LICENSES - 1st READING An ordinance was presented which creates regulations fora sidewalk use license. Joseph K.Gavinski, City Manager,stated that the intent isto regulate the installation of a structure or placement of any other items on the city's sidewalks. The ordinance creating Chapter 12.14 of the Moses Lake Municipal Code entitled "Sidewalk Use Licenses"was read by title only. There was some discussion about the amount ofliabilityinsurance that should be required. Itwas feltthatthe liability insurance should be increased to $1,000,000.It was also feltthat violationsof this chapter should be enforced through the administrative enforcement process. Action Taken:Mr.Reese moved that the ordinance be tabled until the insurance and enforcement issues are addressed,seconded by Mr.Liebrecht,and passed unanimously. IOf J ORDINANCE -AMEND BLANCHET VACATION ORDINANCE -1st READING An ordinance was presented which amends the ordinance vacating a portion of Blanchet Avenue and Paxson Drive.This amendment allows the School District to provide ten feet of right-of-way on propertyitowns adjacent to Lakeshore Driveand Peninsula Driveratherthan compensating the city monetarily for the vacated portion of Blanchet Avenue. The ordinance amending Ordinance No.1954 vacating a portion of Blanchet Avenue and Paxson Drive was read by title only. Joseph K.Gavinski,City Manager,explained the property exchange in lieu of monetary compensation for the vacated portion of Blanchet Avenue. Action Taken:Mr.Ecret moved that the first reading ofthe ordinance be adopted,seconded by Mr. Lane,and passed unanimously. /&/(?RESOLUTION -ACCEPT DONATION -MOSES LAKE LIONESS A resolution was presented which accepts a $2,057.38 donation from the Moses Lake Lioness.^^^ The funds will be used in the Parks and Recreation Department.(*) The resolution accepting a cash donation of $2,057.38 from the Lioness Club of Moses Lake was read by title only. n r^ 6526 CITY COUNCIL MINUTES April 24,2007 ij Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Lane,and passed unanimously. RESOLUTION -SUPPORT NASCAR RACETRACK A resolution was presented which supportsthe establishmentof a NASCAR racetrack in Grant County. The resolution supporting the establishment ofa NASCAR racetrackinGrantCounty,Washington was read by title only. Mayor Covey pointed outthattherehave been some discussionsabout NASCAR establishing a race track inthe Pacific Northwest and Grant County is one of the areas being considered. Action Taken:Mr.Liebrecht moved that the resolution be adopted,seconded by Mr.Lane, and passed unanimously. RESOLUTION -VACATE JUNIPER DRIVE -SET PUBLIC HEARING -1st READING A resolution was presented which sets a publichearing forthe vacation of that portion of Juniper Drive located adjacent to the Moses Lake Clinic. tK /Of? u ^J The resolution initiating the procedure forvacating right-of-way dedicated forthe development of a portionof Juniper Drive was read by title only. Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Pearce,and passed unanimously. REQUEST TO CALL FOR BIDS EASTLAKE BOOSTER PUMP STATION/EASTLAKE AND BAILEY STREET IMPROVEMENTS /0/? /O&TStaffrequestedauthorizationtocallforbidsforthe 2007 Eastlake Booster Pump Station and Eastlake and Bailey Avenue Street improvements. This project consists of installing a booster pump station for the city's 20"sewer force main,installing 1,850'of 20"sanitary force main,and improving Eastlake Drive from James Avenue to Bailey Avenue and Bailey Avenue from Eastlake Drive to the C. Kile Major Plat. Action Taken:Mr.Reese moved that staff beauthorized to call for bids,seconded by Mr.Lane,and passed unanimously. REFERRALS FROM COMMISSIONS BARRINGTON POINT -PARK DEDICATION /MbEdGreer,developer ofthe Barrington Pointprojectsinthe Crestview Drive area,offeredtodonate .83 acres of land withinthe Barrington Point5 project for a park. The propertyis located at the northwest cornerof Paxson Driveand RamblerStreet.Mr.Greer is offering to spend up to $70,000 to improvethe park provided the citywaives any additional land dedication or park fees required for Barrington Point3, 4 and 5. The Parks and Recreation Commission recommended that the proposal be accepted. 6527 CITY COUNCIL MINUTES April 24, 2007 Spencer Grigg, Parks and Recreation Director,stated that Mr.Greer will dedicate and develop land for a park rather than simply paying a park fee. He mentioned that Dano Park, which is about 5 acres,is about 1/3 ofa mile away.This small park willinclude landscaping,picnic benches,a small playground,and game slab,among other improvements. Action Taken:Mr.Deane moved that the offer of park dedication and $70,000 in improvements be accepted and that the remaining park fees for Barrington Point 3,4,and 5 be waived,seconded by Mr.Liebrecht,and passed unanimously. OTHER ITEMS FOR COUNCIL CONSIDERATION \Q<f0 MAINTENANCE FACILITY -DISPOSITION OF PROPERTY The new maintenance and operations facility located adjacent to the Municipal Airport is nearly completed and the city willsoon move its operations to that site.The current maintenance facility between Penn Street and Wheeler Road will be vacated.Staff requested direction from Council on whether to not to offer that property for sale. Joseph K.Gavinski,City Manager,stated that the new facility should be completed about the first of June and the clean up of the current facility has been completed.An appraisal will cost about $5,000. Action Taken:Mr.Pearce moved that the property be appraised,seconded by Mr.Liebrecht, and passed unanimously. /OSf ANNEXATION -ENGLE A Petition forAnnexation was submitted with regard to propertyowned by Paul and Madonna Engle adjacent to Highway 17. The petition was previously presented without a legal description. The petition should again be considered by the Council. Joseph K.Gavinski, City Manager,explained that the proponent was anxious to proceed with this annexation so it was placed on a previous agenda with the understanding that a legal description would be provided. However, no legal description was received and so it is again before the Council for action. Action Taken:Mr.Lane moved that the petition be accepted,seconded by Mr.Ecret,and passed unanimously. /OSt ANNEXATION -REC SOLAR GRADE SILICON/GUARDIAN FIBERGLASS A Petition for Annexation from Guardian Fiberglass,Inc.was presented for property located on Road N NE.The two parcels owned by Guardian Fiberglass were combined into one legal description at the request of Grant County. Joseph K.Gavinski,City Manager,stated that other petitions have been accepted by the Council for the annexation of property in the same vicinity as Guardian Fiberglass. »Action Taken:Mr.Reese moved that the Petition for Annexation be accepted,seconded by Mr.f^) Ecret,and passed unanimously. n n 6528 CITY COUNCIL MINUTES April 24,2007 ^_j PUD -UNDERGROUND UTILITIES -WAIVER The Grant County PUD requesteda waiver to the requirement to install utilities underground to service the Heron Creek Apartmentcomplex located on Ninth Avenue. The poweris required to be extended across Division Street to service this area. Action Taken;Mr.Ecret moved that this item be removed from the table,seconded by Mr.Lane, and passed unanimously. Jason Evans,representing thegeneral contractorconstructing Heron Creek Apartments,stated that the developer has already spend $150,000 to construct 9th Avenue.He pointed outthat to place the power line underground will cost between $25,00 to $30,000. Blair Fuglie,representing the PUD,stated thatthey are requesting a waiver to allow an overhead line across Division Street to serve the Heron Creek apartment complex.Once across Division Street the electrical utilities will be placed underground. ActionTaken:Mr.Liebrechtmoved thatthe request be denied,seconded by Mr.Pearce, and failed with Mr.Pearce,Mr.Deane, and Mr.Liebrechtin favorand Mr.Ecret,Mr.Lane,Mr.Reese,and Mayor Covey opposed. Action Taken:Mr.Ecret moved that the request be granted,seconded by Mr.Lane. There was considerable discussion concerning the request. The motion passed with Mr.Ecret,Mr.Lane,Mr.Reese,and Mayor Covey in favor and Mr. Liebrecht,Mr.Deane,and Mr.Pearce opposed. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS AMBULANCE BILLING Maclovia Cuevos,9803 Curry,requested that the ambulance billing charge on the water bills be eliminated. Mayor Covey stated that the city would take the request under advisement. COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS EQUIPMENT REPLACEMENT Joseph K.Gavinski, City Manager,stated that the Council had amended the budget to allow for the purchase of a used truck cab and chassis to replace Vehicle 219, the Fire Department's Grass Fire Truck No.4.The city has purchased a 1996 Ford L8000 cab and chassis to replace the grass fire truck. The city used the Waiver of Competitive Bidding Requirements Policyto purchase this used vehicle. The regularmeeting was recessed at 10:30 p.m. and the Council met in an executive session to discuss the appeal of The Greens Preliminary Platand Planned UnitResidential Development. The executive session was adjourned at 11 p.m. and the regular meeting was reconvened. U u #92 //3<e /0/7 IJZlp 6529 CITY COUNCIL MINUTES April 24,2007 THE GREENS PRELIMINARY PLAT AND PLANNED UNIT RESIDENTIAL DEVELOPMENT - APPEAL Action Taken:Mr.Lane moved that the approval of the Planning Commission of The Greens Preliminary Plat and Planned Unit Residential Development be sustained and staff be directed to draft the Findings of Fact and Decision,seconded by Mr.Liebrecht,and passed unanimously. The regular meeting was adjourned at 11:05 p.m. ATTEST:Ronald C.Covey,Ma'tfO Ronald R.Cone,Finance Director