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2007 10 09u u ^j 6604 MOSES LAKE CITY COUNCIL October 9,2007 CouncilPresent: Ron Covey,Bill Ecret, DickDeane, RichardPearce, Brent Reese,Jon Lane, and Jim Liebrecht PLEDGE OF ALLEGIANCE: Mayor Covey led the Council in the pledge of allegiance. MINUTES:Mr.Ecret moved that the minutes of the September 25,2007 meeting be approved, seconded by Mr.Reese,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.Lane, and passed unanimously. Vouchers audited and certified by the Finance Directoras required by RCW 42.24.080,and those expense reimbursement claims, certifiedas requiredby RCW 42.24.090, have been recorded on a listing which has been made available to the Council for approval and is retained for public inspection at city hall. As of October 9,2007 the Council does approve for payment claims inthe amount of $998,284.60; prepaid claims in the amountsof $21,454.90,$68,148.58,$26,544.83,and $9,304.28;checks in the amount of $491,811.09;and payroll inthe amounts of $2,293.38 and $42,412.53. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Pelican Way 1 and 2 Preliminary Major Plats and Findings of Fact: Bargals, LLC has submitted applications for two preliminary plats tosubdivided acres into a total of56 residential lots.The site is located at the northwest intersection of Battery Road and Wapato Drive.The site is zoned R-1, Single Family Residential,and the Comprehensive Plan Land Use Designation is Low Density Residential which corresponds with the existing zoning. Battery Road and Wapato Drive are existingstreets that provide access tothe plats.Newroadswill be constructedto provide access internal to each plat.At this time the site is vacant. Water,sewer and other public utility infrastructure are available to serve the site and currently located in the existing streets abutting the proposed plats.The applicant requested deviations in both plats relating to minimum lot width, radius oftum-a-rounds,and installation ofstreet trees and landscaping.The Planning Commission recommended thatthe preliminary platsbe approved withconditions and the Findings of Factbe approved. Resolution -Accept Improvements -Southaate Addition 4 Major Plat:A resolution was presented /'-*<> which accepts the municipal improvements constructed as part ofthe Southgate Addition 4 Major Plat. Action Taken:Mr.Ecret moved that the Consent Agenda be approved,seconded by Mr.Lane, and passed unanimously. ;/jc 6605 CITY COUNCIL MINUTES October9, 2007 COMMISSION APPOINTMENTS /OOd-PLANNING COMMISSION Mayor Covey informedthe Council thatTor Hartmann submitted his resignation from the Planning Commission and requested confirmation of the appointment of Charles Hepburn to the Commission. Action Taken:Mr.Deane moved that the appointment of Charles Hepburn to the Planning Commission be confirmed,seconded by Mr.Pearce,and passed unanimously. CONSIDERATION OF BIDS AND QUOTES IOVO-A POLICE PORTABLE BUILDING The city requested quotes fromvariouscontractors formoving a portablebuildingtothe firing range and forvarious improvements.The total amount of the quotes forthe four categories is equal to the engineers estimate. There was some discussion by the Council on whether or not it would be more economical to construct a building on site. Action Taken:Mr.Pearce moved that the bids for the moving and improvements to the portable building to be placed at the Police Department Firing Range be awarded to Desert Winds for ^^^ foundation work,sidewalk,and access ramp in the amount of$25,891.68,Bates House Moving for \) disassemble .transport,and reassembling of the building inthe amount of $37,765, RightChoice Painting for painting inthe amount of $2,352.22, and Goltz Roofing for the replacement ofthe roof in the amount of $8,442.10,seconded by Mr.Reese,and passed with Mr.Liebrecht opposed. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS fOS-f ORDINANCE -FIELDING/MCDOWALL ANNEXATION -2nd READING/PUBLIC HEARING An ordinance was presented which annexes approximately 24 acres of property owned by Megan Fielding and Neil McDowall located northof Maple Driveand west of Grape Drive. The ordinance annexing property commonly known as the Fielding/McDowall annexation tothe City of Moses Lake,Washington,and incorporating the same withinthe corporate limits of the City of Moses Lake,and which provides forthe assumption ofexisting indebtedness was read by titleonly. GilbertAlvarado,Community Development Director,stated that Mrs.Fieldingwas unable to attend the Council meeting and requested that ifthe Council has any questions,the issue be continued to the next meeting. The public hearing was opened. Action Taken:Mr.Ecret moved that the public hearing be closed,seconded by Mr.Lane,and passed unanimously. Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. O O 6606 CITY COUNCIL MINUTES .October 9,2007 {^J ORDINANCE -MARINA DRIVE VACATION -2ND READING/PUBLIC HEARING /Ckf7 Anordinance was presented which vacatesa portion ofthe right-of-way of Marina Drive located on the westerly side of Lot 11,Parkhill-SceaAddition. The ordinance vacating a portion of Marina Drive was readby title only. The publichearing was opened. Action Taken:Mr.Reese moved thatthe public hearing be closed, seconded by Mr.Lane, and passed unanimously. ActionTaken:Mr.Ecretmoved that the second reading of the ordinancebe adopted,seconded by Mr.Lane, and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -RESIDENTIAL VEHICLE STORAGE - 2ndREADING An ordinance was presented which amendsthe residential vehicle storage regulations to define vacant land and to allowone enclosed utility or cargo type trailer on the driveway in front of a garage orhouse with dimensionsof no morethan 8'wideby 16'long. The ordinance amending Chapter8.50 of the Moses Lake Municipal Code entitled "Residential I j Vehicle Storage"was read by title only. Mayor Coveystated thatconcern hasbeenexpressedby several persons about the fact that the ordinance does not limit the number of boats, personal watercraft, or snowmobiles allowed inthe front yard. There was some discussion by the Council and it was felt that the new regulations need some additional discussion. Action Taken:Mr.Deane moved that the second reading of the ordinance be tabled untila study session can be held,seconded by Mr.Lane,and passed unanimously. ORDINANCE -CORPORATE BOUNDARY CHANGES -1ST READING /o^-f- An ordinancewas presented which provides for the transferof jurisdiction over various rights-of- way between the county and the city.The county will also need to adopt a similar ordinance or resolution approving the boundary changes. The ordinance adjusting corporate boundaries of the City of Moses Lake pursuant to RCW 35A.21.210 was read by title only. Gary G.Harer,Municipal Services Director,stated that this process allows the jurisdictional changes between the city and county. i ^j Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by ^—'Mr.Liebrecht,and passed unanimously. //o"3 6607 CITY COUNCIL MINUTES October 9, 2007 q^ORDINANCE -GENERAL PENALTY -1st READING (|) An ordinance was presented which amends the general penalty provisions and increases the penalty amount. The ordinance amending Chapter 1.08 of the Moses Lake Municipal Code entitled "General Penalty"was read by title only. Jim Whitaker,City Attorney,stated that the amendments to the general penalty provisions brings it into conformance with the new code enforcement procedures. There was some discussion by the Council. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. 101^ .<*•' ORDINANCE -WATER AND SEWER REIMBURSEMENTS -1st READING An ordinance was presented which establishes reimbursements for the water and sewer mains installed on Malaga Drive. The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. Gary G.Harer,Municipal Services,Director,stated that the properties south ofMalaga Street have /[) indicated that they wish to connect but did not have the funds at the present time, so a reimbursement schedule was established. There was some discussion by the Council. Action Taken:Mr.Ecret moved that the firstreading of the ordinance be adopted,seconded by Mr. Liebrecht,and passed unanimously. ORDINANCE -CITYWIDE REGULATIONS -1ST READING An ordinance was presented which would allow a legally blind or physically disabled resident to keep more than three household pets which are over four months old in certain limited circumstances. The ordinance amending Chapter 18.10 of the Moses Lake Municipal Code entitled "Citywide Regulations"was read by title only. Mayor Coveydistributed an ordinance with some minor changes from theonethatwas distributed in the agenda. Mary Block,1420James, requestedthatthe Council retain the existing numberof household pets allowed as herneighboronone side has four dogs andthe neighborinthe rearhas four dogs. The dogs barkinthe nightand they owners do not clean up aftertheirdogs. Emily Webster,11674 Ashcroft, stated that her neighbors dogs also bark in the night and she requested that the number of household pets remain at three. O 6608 CITY COUNCIL MINUTES October 9,2007 I )There was some discussion on the issue ofbarking dogs and it was pointed out that if the Multi- Agency Communications Centeris notified ofthe problem,an officer will respond, There was some discussion by the Council. ActionTaken:Mr.Deane moved that the first readingof the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. ORDINANCE -AMEND REC SOLAR GRADE SILICON ANNEXATION -SINGLE READING /OS-£- An ordnance was presentedwhich amendsthe RECSolarGrade Silicon annexation by eliminating twosmall parcels of property.These properties werenotwithin the city's UGA and so could notbe annexed by the city. Anordinance amending Ordinance No.2344annexing property commonly known asthe REC Solar Grade Silicon Annexation to the Cityof Moses Lake,Washingtonwas readby title only. Gilbert Alvarado,CommunityDevelopment Director,explainedthatafterthe original ordinancewas adopted annexing the REC Solar Grade Silicon property itwas discovered thattwo small areas included inthe annexation were notwithinthe city's UGA. By statute the citycannot annex property outside its UGA. O KJ ActionTaken:Mr.Ecretmoved that an emergency be declared and the ordinance be adopted on a single reading,seconded by Mr.Liebrecht,and passed unanimously. REQUEST TO CALL FOR BIDS PAXSON PLAT WATER MAIN PROJECT ^oC City staff requested authorization to call for bids for the Paxson Plat Water Main Project.This //^O projectincludes extending the city'swater main from Grape Drive down Lutaand Virginia Streets and installing 27 side services and fire hydrants.This project will be funded by a grant from the Washington State Community Trade and Economic Development. Action Taken:Mr.Reese movedthatstaffbe authorized to call for bids,seconded by Mr.Lane,and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION GRAPE DRIVE -REIMBURSEMENT The Grape Drive/SR-17 right-hand turn lane project has been completed.The total cost was $198,607 and Home Depot contributed $110,000,leaving a balance of $88,607.Staff recommended thatan assessmentreimbursement area be established to coverthe remaining cost. There was some discussion by the Council. Action Taken:Mr.Pearce moved that staff be authorized to establish the reimbursement area, seconded by Mr.Ecret, and passed unanimously. un 6609 CITY COUNCIL MINUTES NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS SALES TAX/TRANSIENT RENTAL INCOME October 9,2007 The city received $526,380.77 in sales tax and $52,515.10 in transient rental income in September 2007. The regular meeting was adjourned at 9 p.m. yC^\A-U^64 C ATTEST:Ronald C.Covey,Ivjeyof ^L nald R.Cone,Finance Director ~ n