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1999 10 125528 MOSES LAKE CITY COUNCIL October 12,1999 Council Present:Richard Pearce,Daryl Jackson,Lee Blackwell, Ron Covey,Wayne Rimple, Grant Nichols, and Bob Chapman MINUTES:Mr.Blackwell moved that the minutes of the September 28 meeting be approved as submitted, seconded by Dr.Covey,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Dr.Covey moved that the bills,checks,and prepaid claims issued be approved,seconded \^J by Mr.Blackwell,and passed with Mr.Rimple abstaining from voting for that portion ofthe bills for Moses Lake Steel Supply and Faber Industrial Supply. Vouchers audited and certified by the Finance Director as required by RCW42.24.080,and those expense reimbursementclaims certified as required by RCW42.24.090,have been recorded on a listing which has been made available to the City Council. Claims:The vouchers included on the below list as modified by the Council and noted upon said listforthe Council meeting ofOctober 12,1999 forthe funds listed below are approved inthe amount of $570,039.27. GENERAL FUND $34,694.86 SANITATION BILLING 56,406.14 STREET STREET IMPROVEMENT PARK &RECREATION IMPROVE WATER/SEWER FUND WATER/SEWER CONSTRUCTION SANITATION FUND Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council have been re corded on a listingwhich has been made available to the City Council.The claims listed below are approved in the amount of$469.60 for all funds. 13,194.16 AIRPORT 619.43 117,234.20 SELF INSURANCE 3,031.14 126,981.72 CENTRAL SERVICES 7,097.98 19,230.21 EQUIP RENTAL-OPERATION 62,562.37 82,475.86 BUILD MAINT-OPERATION 18,808.75 26,427.45 M L YOUTH PARTNERSHIP TF 1,275.00 TOTAL $570,039.27 ^j U GENERAL $469.60 TOTAL $469.60 PrepaidClaims:Prepaidclaims approved bythe CityManageraccordingtothe processestablished by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council have been re corded on a listingwhich has been made available to the City Council.The claims listed below are approved in the amount of $131,346.82 for all funds. GENERAL $1,346.82 STREET 130,000.00 TOTAL $131,346.82 PrepaidClaims:Prepaidclaims approved bythe CityManageraccordingtothe process established by Moses Lake Municipal Code 3.42.030 and the internalcontrol policyapproved by the City Council have been re corded on a listingwhich has been made available to the CityCouncil.The claims listed below are approved in the amount of $1,030.06 for all funds. GENERAL $27.29 STREET 10.00 WATER/SEWER FUND 992.77 TOTAL $1,030.06 Claim Checks: Checks 1824through 1974 issued on September 9 through October7,1999 wereapproved for payment at the Council meeting held on October 12,1999 in the total amount of $1,092,564.57. Payroll:The payroll issued on September 30,1999 having been approved pursuant to the rule ofthe City Councilset forth inMoses Lake Municipal Code 3.42.040,was paidby checks 11998 through 12004 inthe amount of $1,014.62. Payroll:The payroll issued onOctober1,1999 havingbeen approved pursuanttothe ruleofthe CityCouncil set forth inMoses Lake Municipal Code 3.42.040,was paid by checks 12005through12169inthe amount of$54,285.39. PROCLAMATIONS The proclamation declaring October 17-23,1999 as Lions Week was read in its entirety.//3<^ 5529 CITY COUNCIL MINUTES: 2 October 12,1999 II.EMPLOYEE PRESENTATIONS Fire Department:Don Baer, Firefighter,was introduced to the Council. Public Works:Jack Zeppenfield,Street Division Supervisor,and Dan Bernard,Street Division Foreman, were introduced to the Council. Municipal Services Department: Tracy Fisher,Department Secretary,was introduced to the Council. III.CONSENT AGENDA JIO(#Resolution -Accept Street and Utilities -Irrigator's Inc.Major Plat:Aresolution was presented which accepts '^street and utility improvements connected to Irrigator's Inc.Major Plat. }DL/L?Resolution -Accept Donation:Aresolution was presented which accepts $23,400 from adonor who wishes to remain anonymous.The funds are to be used for the soccer fields at Cascade Park. //OS Resolution -Support Transfer ofStatePark:Aresolution was presented which expressesthesupport ofthe /City of Moses Lake for the transfer ofthe State Park from the state to the City ofMoses Lake. Action Taken:Mr.Jackson moved that the Consent Agenda be approved,seconded by Mr.Nichols, and passed unanimously. IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS USE OF CITY PROPERTY -DOWNTOWN BUSINESS ASSOCIATION n 5P)' \&£ \)& \\u>i* The Downtown Business Association is sponsoring the Downtown Trick orTreat on Saturday,October 30, and is requesting the closure of Third Avenue from Alder Street to Beech Street from 4 p.m. to 7:30 p.m. Several events are planned to be held inthe street provided the city agrees to the closure of Third Avenue. Action Taken:Mr.Blackwell moved that the request to close Third Avenue be approved,seconded by Mr. Jackson,and passed unanimously./"-n HOTEL/MOTEL TAX -HALLMARK INNS A letter was read fromWilliam Allred, Hallmark Inns &Resorts,who objected to the use of the hotel/motel tax to construct an ice skating rink and make improvements to soccer fields or baseball fields. He did not feel these projects are tourism oriented and would only benefit a small minorityof residents of Moses Lake. Joseph K.Gavinski,City Manager,stated that he has spoken to Mr.Allred about his letter and discussed the statutory language forthe use of hotel/motel tax funds.The legislature has expanded the use to which these funds can be put and the definition ofa tourist includes anyone coming to the city from a different town.In that instance,someone from Ephrata or Warden using Moses Lake's facilitywould be considered a tourist.The motel/hotel funds can legally be used to construct the projects proposed by Council. He mentioned that AlliedArts has also submitted a letterwhich requested that thecity dedicate some additional money for advertising.He stated that Mr.Allred will be at the next meeting to make a presentation to the Council. Dr.Covey pointed out that when Moses Lake hosts tournaments,all the hotels and motels are full,which is a benefit to those businesses. USE OF CITY PROPERTY -SKATEBOARD PARK Michael Goude requested the use of the Skateboard Park fora skateboard contest on Saturday,October 30 and the closureofthe cornerof Dogwood and 4th Avenue from 2 p.m.to 7 p.m. There was some discussion by the Councilon what exactly was being requested on the closure ofthe street and the times for the closure. Fred Haynes,Police Chief,recommendedthat 4th Avenue be closed between Cedarand Dogwood from 1:30 p.m. to 7:30 p.m. On October 30. ActionTaken:Mr.Nichols moved that the request to use city propertybe granted and that 4th Avenue be closed from 1:30 p.m. to 7:30 p.m. on October 30,seconded by Mr.Jackson,and passed unanimously. WATER/SEWER CONSTRUCTION -GRANT COUNTY EDC Terry Brewer, Grant County Economic Development District,reported to the Council that Fluor Daniel Hanford has made a commitment to help install utilities under I-90 to serve the Genie property. r> 5530 CITY COUNCIL MINUTES:3 October 12,1999 Jerry Schneider,FluorDaniel Hanford,stated that they are mandated by the Federal Government to aid in the economic development of the region and so presented a check for $50,000 to the Grant County EDC to install utilities under I-90 to serve the Genie property. Mr.Brewer stated that the reason the check is being given to Grant County EDC rather than the City of Moses Lake is that if Genie does not develop their complex in the Kittelson Road area,the funds will be used for their enterprise atthe Port ofMoses Lake.He mentioned that the total commitment was $150,000 and the other $100,000 is contingent upon the completion of the construction. ,•ORDINANCE -RESERVOIR #5 - ZONE CHANGE -2nd READING/PUBLIC HEARING l/3 , The Cityof Moses Lake has requested a zone changeof the Reservoir#5 site located at 1701 Nelson Road from Light Industrial to Public.The rezone is proposed because it is city policy for municipally owned property to be zoned Public. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. The public hearing was opened.There were no comments. Action Taken:Dr.Covey moved that the public hearing be closed,seconded by Mr.Rimple, and passed unanimously. Action Taken:Mr.Jackson moved that the Findings of Fact be accepted and the second reading of the ordinance be adopted,seconded by Mr.Rimple, and passed unanimously. ORDINANCE -SIGN REGULATIONS -2ND READING/PUBLIC HEARING /rt51/ An ordinance was presentedwhich will allowindividualtenants and/or businesseslocated ina shopping mall to advertise and incorporate their signs on a shopping centeridentificationsign.The ordinance sets a limit of one shopping center identification sign per development site which is not to exceed 150 square feet in sign area. The ordinance amending Chapter 18.56 of the Moses Lake Municipal Code entitled"Signs and Billboards" was read by title only. KJ ^J The public hearing was opened.There were no comments. ActionTaken:Mr.Blackwell moved that the publichearing be closed,seconded by Mr.Jackson,and passed unanimously. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr. Blackwell,and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -WEIGHT AND LOAD RESTRICTIONS -2ND READING An ordinancewas presented which will allow emergency service providers to parka trailer on citystreets. The ordinance amending Chapter 10.16 of the Moses Lake Municipal Code entitled "Weight and Load Restrictions"was read by title only. ActionTaken:Mr.Jackson moved thatthe second reading of the ordinancebe adopted,seconded by Mr. Chapman,and passed unanimously. ORDINANCE -PARKING REGULATIONS -1st READING Fairchild Cinemas requested a 60'loading zoneon Beech Street infrontof the Lake Cinema.This area was painted yellow at one time and is not currently used for parking. The ordinance amendingChapter10.12ofthe Moses Lake Municipal Code entitled "Parking Regulations" was read by title only. ActionTaken:Mr.Blackwell moved that the first reading of the ordinance be adopted, seconded by Mr. Nichols,and passed unanimously. ORDINANCE -UNIFORM CODES -1st READING An ordinance was presented which would amend the Uniform Plumbing Code by deleting atmospheric vacuumbreakersand pressurevacuum breakers from the list of approved backflow devises for irrigation •systems. /03l7 /OA 7 /03(* 5531 CITYCOUNCIL MINUTES:4 October 12,1999 Gary G. Harer,Municipal Services Director,stated thatthis isa partofthe cross connection controlprogram that was required by the Department of Health through the Water Comprehensive Plan.The reason for deleting atmospheric vacuum breakers and pressure vacuum breakers is that they are only required to be inspected at the timeof installation and cannot be tested to make sure they are operating properly.Those that are currently existing inthe city will not have to be replaced until they require repair or replacement. Atthat time the double check valve assembly would have to be installed on the system. There was some discussion by the Counciland additional informationwas requested. The ordinance amending Chapter 16.04 ofthe Moses Lake Municipal Code entitled "Uniform Codes"was read by title only. ActionTaken:Mr.Rimplemoved that the ordinance be tabled,seconded byDr.Covey, and passed withDr. Covey,Mr.Blackwell,Mr.Rimple,and Mr.Pearce infavorand Mr.Nichols,Mr.Jackson, and Mr.Chapman opposed. VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS '$WHEELER ROAD ANNEXATION lJ>10-f 01 Terry Brewer,Grant County EDC,stated that he was concerned about the conflictbetween the cityand Fire District5 as shown bythe lawsuitthat Grant County 5 has filed against the city. He suggested that perhaps a mediator could help resolve these problems. Mr.Chapman pointed out that there is no factual basisfor the lawsuit filed by Grant County and so there is nothing to mediate. Mr.Jackson was also of the opinion that there is no basis for the position taken by Grant County 5. Mr.Nichols stated that ifGrant County 5 has concerns about the city's actions they should talk to the city. He did not see the need for a mediator at this time. Mr.Pearce wanted to know ifthere was any need for negotiation. Joseph K.Gavinski,City Manager,stated that he had scheduled a meeting with the Grant County 5 Fire Chief which was canceled and before another meeting could be scheduled the lawsuit was filed. He mentioned that there is a statutory process thatdeals with the relationship between thecity and a firedistrict when an annexation occurs.The premise is that the fire district area shrinks but has some assets to offer the annexing jurisdiction.The process is not far enough along to exercise the provisions the statute provides. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION WHEELER ROAD -ANNEXATION TheAmended/Revised Wheeler Road Petition for Annexation has been certified forsufficiency by theGrant County Assessor.The City Council may now entertain the annexation petition and fix a date for a public hearing to consider the annexation petition. Joseph K.Gavinski, City Manager,stated that a public hearing has been scheduled for the October 26 Council meeting on this annexation. Action Taken:Mr.Jackson moved that thepublic hearing setby stafffor October26 be confirmed,seconded by Dr. Covey, and passed unanimously. I-90 INTERCHANGE -STREET NAMES The DepartmentofTransportation has requested information regarding thestreet names at the intersection of I-90 and Broadway. They need the information in order to complete their construction plans. Al Anderson,4530 Lakeshore Drive,stated that this new interchange will provide a better access to C\ downtown Moses Lake. The people living on Lakeshore Drive whoattended the previousstudy session on this subject are unanimous intheiroppositiontochanging the name of Lakeshore Drive.The otherobjection was to the I-90 interchange to transition through a residential area.He suggested that a T-intersection be constructed at Wanapum to limittraffic flow onto Lakeshore. Dr.Covey stated that he would be infavor of the change inthe project provided itdid not jeopardize the current construction schedule. Kirk Berg,Department of Transportation,stated that with any change the project would have to be redesigned and new public hearings held.There arealso some safety aspects that need to be considered. n n u u u 5532 CITYCOUNCILMINUTES:5 October 12, 1999 Richard Beeson, 3010 Peninsula, #120, wanted to knowifWapato Drive'sname wouldbe changed. Mr.Pearce stated that ithad been suggested that Wapato Drive on the northside of I-90be changed to Wapato Court since it will be a cul-de-sac. Wapato Drive to the south of I-90 would remain as Wapato Drive. Dave Helms, FireChief,objected to havingWapato Courton the northside of I-90as itcould be confusing foremergency response providers. He requested that Wapato to the northofI-90be changed toa different name. Joseph K.Gavinski,CityManager,stated that the cityreceived a letterfromPercy Driggswhichpointedout that hisfamily had homesteaded the area and requested consideration ofDriggsasa street name ifchanges were made. ActionTaken:Mr.Jackson moved that Wapato Driveon the north side of I-90be changed to Driggs Drive, seconded by Mr.Nichols,and passed unanimously. Itwas the consensus that Broadway Avenue continue to the intersection of Wanapum.At the intersection ofthe off-rampand Broadway a sign should be erected withan arrow to the leftforBroadway and an arrow to the right for Lakeshore Drive. Action Taken:Mr.Rimple moved that the state plan be accepted,seconded by Mr.Jackson,and passed unanimously. Action Taken:Mr.Blackwell moved that the signage atthe east-bound and west-bound off-ramps provide arrows to indicate Broadway to the north and Lakeshore to the south,seconded by Jackson,and passed unanimously. Action Taken:Mr.Jackson moved that the cul-de-sac off of Lakeshore Drive be named Lakeshore Court, seconded by Dr.Covey,and passed unanimously. ASPI WATER/SEWER SERVICE/ANNEXATION The ASPI Group has requested waterand sewerutilitiesfor property abutting the northeast corner of Patton Boulevard and Harris Road and is proposing to annex the property to the city. Joseph K.Gavinski,City Manager,pointed out that there is a request for water and sewer service and a request for annexation.He suggested that the annexation include the Olson annexation area and the Gateway Estatescommercial area.There should be sufficient assessed valuation to bring those properties into the city. Phil Bloom,Columbia Northwest Engineering,representing ASPI Group,stated that ASPI would like to proceed with the proposed development.He mentioned that ASPI owns most of the property between Patton Boulevard and the railroad tracks. Mr.Chapman pointed out that there isa residential area that could become an island ofcounty surrounded by city and he felt that should be addressed. There was some discussion and it was pointed out that there is not enough assessed valuation on the vacant land to bring in the residential area. Action Taken:Mr.Chapman movedthatthe NoticeofIntentto Commence Annexation Proceedings include the 11.6 acres of ASPI property and Lots 1-12,Gateway Estates Commercial Plat,seconded by Mr. Jackson,and passed unanimously. Mr.Gavinski stated that staff would provide the legal description for this proposed annexation. X.PUBLIC QUESTIONS AND COMMENTS -None XI.COUNCIL QUESTIONS AND COMMENTS -None XII.CITY MANAGER REPORTS AND COMMENTS SALES TAX AND TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,reported that in September the city received $289,274.09 in sales tax and $30,737.91 in transient rental income. BUDGET iJoseph K.Gavinski, CityManager, reminded the Council ofthe budget study session on Tuesday,October 19,1999. /lb(* Zf-Js 5533 CITY COUNCIL MINUTES:6 October 12,1999 jj3lfi QUARTERLY REPORTS Joseph K.Gavinski, City Manager,distributed the 3rd quarter financial reports for the city. RESOLUTION -HALLOWEEN-7?L Joseph K.Gavinski,City Manager,distributed a resolution which changes the day to celebrate Halloween from Sunday to Saturday. The resolution designating Saturday,October 30,1999,instead ofSunday,October 31,1999 asthe day for ^\ children to celebrate Halloween activities was read by title only.'' Action Taken:Mr.Jackson moved that the resolution be adopted,seconded by Dr.Covey,and passed unanimously. CITY HALL CONSTRUCTION Joseph K.Gavinski,City Manager,stated that staff is requesting some input from the Council on the City Hall remodel project. He pointed out that there is a short term view of the proposed buildingand a view showing the site as it would look about 50 years into the future. The proposal was discussed and itwas pointed out that the Police Department and Parks and Recreation Departmentwould remain where they are,the existing City Hall would house Community Developmentand Engineering; and the newadditionwould contain the Finance Department, Administration, and the Council Chambers.The buildings would be connected with covered breeze ways. There was some discussion by the Council and itwas feltthat the breeze ways should be enclosed.Itwas felt that the museum should remain in a high profilearea such as downtown Moses Lake.The Council requested that the Council Chambers be on the first floor,which would put Administration on the second floor.Itwas also suggested that something be done to eliminate the apartment look of the building. Itwas suggested that it be one big building. The regular meeting was adjourned at 9:30 p.m. Mayor n n BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE ZONE CHANGE OF RESERVOIR#5 NO.ZC 99-5 FINDINGS OF FACT,CONCLUSIONS,AND DE CISION U lr HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. Apublichearing was held upon proper notice before the Commission on September 16,1999. 1.2 Proponent.The City of Moses Lake is the proponent of this zone change. 1.3 Purpose.The proponent has requested a zone change of property legally described as follows from Contract Light Industrial to Public. Tax #7758 1.4 Evidence.The Commission considered the following materials in reaching its decision. A.The application of the proponent for the zone change. B.The lack of comments from the public. FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidence presented to them, the Planning Commission made the following findings of fact: 2.1 The proponent is the owner of property legally described above. 2.2 The property is unplatted. 2.3 The zone change is consistent with the Comprehensive Plan. 2.4 The zone change is in the public interest and will benefit the public welfare. 2.5 The zone change is consistent with the existing use. 2.6 There were no negative comments from the public. CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings offactthe Commission madethe following conclusions: 3.1 The Planning Commission ofthe City ofMoses Lake isvested with the authority to recom mend tothe City Council the advisability ofthe proposed change in zoning. 3.2 The rezone request ofthe proponent is properly beforethe Commission foritsrecommen dation. 3.3 It is proper at this time for the Planning Commission to make a recommendation on this rezone request. 3.5 It is in the best interests and welfare of the city's citizens to rezone the property as proposed. RECOMMENDATION OF THE PLANNING COMMISSION On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that the request fora rezone ofthis property be granted. FURTHER HEARING BEFORE THE CITY COUNCIL 5.1 Date.Apublic hearing was held upon proper notice before the City Council on October 12 1999. u u 5.2 Proponent.The Cityof Moses Lake isthe proponentof this rezone. 5.3 Purpose. The City Council considered the request for a rezone. 5.4 Evidence.The City Council considered the following materials in reaching itsdecision: A.The application of the proponent forthe rezone. B. The historyof the property. C.The lack of comments from the public.(~*) 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. No further evidence was presented totheCity Council.TheCity Council adopts thosefindings offact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS OF THE CITY COUNCIL From the foregoing findings of fact the City Council makes the following conclusions: 7.1 The City Council ofthe City of Moses Lakeisvested with the authority to make a decision on a proposed change in zoning. 7.2 The rezone request of the proponentis properly beforethe Council for itsdecision. 7.3 It is proper atthistime for the City Council to make a decision onthisrezone request. 8.DECISION OF THE CITY COUNCIL The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission and grants the zone change request. Richard Pearce,Mayor n