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1999 02 09U VJ 5439 MOSES LAKE CITY COUNCIL February 9,1999 Council Present: Richard Pearce,DarylJackson,Grant Nichols, Lee Blackwell,Wayne Rimple,Ron Covey, and Bob Chapman MINUTES:Mr.Chapman moved that the minutes of the January 26 meeting be approved as submitted, seconded by Mr.Blackwell,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Blackwell moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Nichols, and passed with Mr.Rimple abstaining from voting for that portion of the bills to Faber Industrial Supply and Moses Lake Steel Supply. Vouchers audited and certified by the Finance Director as required by RCW42.24.080,and those expense reimbursement claims 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 list for the Council meeting of February 9,1999 for the funds listed below are approved in the amount of $317,718.96. GENERAL FUND STREET STREET REPAIR/RECON GOB 1993 REDEMPTION CENTRAL DRIVE LID 1998 REFUNDING GOB STREET IMPROVEMENT WATER/SEWER FUND 1992 BOND FUND Prepaid Claims:Prepaid claimsapproved by theCity Manageraccording to the 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$23,453.89 for all funds. $54,320.58 1994 BOND FUND 5,997.50 9,202.78 WATER/SEWER CONSTRUCTION 9,933.01 973.21 SANITATION FUND 84,275.80 46,966.89 AIRPORT 68.07 100.83 UNEMPL COMP INS 11,434.50 34,803.75 SELF-INSURANCE 10,833.25 2,233.00 CENTRAL SERVICES 9,269.07 18,756.85 EQUIP RENTAL-OPERATIONS 6,698.79 173.23 BUILD MAINT-OPERATIONS 11,677.85 TOTAL $317,718.96 GENERAL $4,670.31 WATER/SEWER CONSTRUCTION 93.82 STREET 3.36 AIRPORT 69.50 STREET REPR/RECON 18,491.01 CENTRAL SERVICES 17.17 WATER/SEWER FUND 108.72 TOTAL $23,453.89 Claims Checks:Checks 24559 through 24694 issued on January 27,1998 were approved for payment at the Council meeting held on February 9,1999 inthe total amount of $337,028.40. Payroll:The payrollissued on January 31,1999 having beenapproved pursuant to the ruleofthe CityCouncil set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 66692 through 66710 in the amount of$9,781.53. Payroll:The payroll issued on February5,1999 having been approved pursuant tothe ruleofthe CityCouncil set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 66711 through 66894 in the amount of$247,895.94. NATIONAL SCOUT WEEK The scouts visiting the Council were introduced. II.EMPLOYEE PRESENTATIONS -None III.CONSENT AGENDA -None IV.CONSIDERATION OF BIDS RESERVOIR #5 PAINTING PROJECT Staffrecommended thatthe bid forthe Reservoir#5 Painting Project be awarded to Thomas SteenmeyerCo. They had transposed the lump sum bid items forOption 1 and Option 2, which is an irregularity that can be waived by the Council. Action Taken:Mr.Blackwell moved that the irregularity be waived and the bid forthe Reservoir#5 Painting Projectbe awarded to Thomas Steenmeyer Co.,seconded by Mr.Nichols,and passed unanimously. //?? 'NO 11° 5440 CITY COUNCIL MINUTES: 2 February 9,1999 V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS 7 LIBRARY The Friends of the Library are planning to replace the 60 chairs in the library study areas with new ones as soon asthe flooring project is complete.They are inquiring aboutthe possibility of selling the existing chairs during one of their used book sales.Additional projects include refinishing the bench in the foyer and the installation of a display case in the same area.The vinyl around the center post and on the two front desks needs replacement.The Friends are proposing to purchase the material ifthe city will furnish the labor to repair these areas. Joseph K.Gavinski,City Manager,stated that the city is inthe processof making the necessary repairs inthe library.He mentioned that staffwilllook into the question of the ownership ofthe chairs in the library. mi n Ml NORTHLAND CABLE Northland Cable willbe adding Comedy Central to the stations available in Moses Lake and increasing the fees for the Standard Basic by $1.75 and the Economy Basic by $1 on March 1,1999. ZIGGY'S Ziggy's is proposing to construct a facility off of Wheeler Road and is requesting direction from Council on access to their proposed site which is approximately 600'from Wheeler Road. Joseph K.Gavinski,City Manager, pointed out that no decisions should be made by the Council at this time on Ziggy's proposal. Reid Ziegler,representing Ziggy's,stated that they are looking forsome direction from Council and city staff on access options fortheir property north of Wheeler.He pointed out that there is a state-owned frontage road already in existencewhich could be used to access the property but the city requires that property front on dedicated city right-of-way. He mentioned that city water will be extended to the site but due to the distance,a septic system may be requested. It was the consensus of the Council that staff work with the developer on this site. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -NOISE CONTROL -2ND READING An ordinance was presented which will allowthe Council to amend the hours when noise may be allowed during construction projects. The ordinance amending Chapter 8.28 of the Moses Lake MunicipalCode entitled "Noise Control"was read by title only. Action Taken:Mr.Jackson moved that the second reading of the ordinance be adopted,seconded by Mr. Blackwell, and passed unanimously. 0$[#ORDINANCE -ELECTRICAL INSPECTIONS -1st READING ;0# An ordinance was presented which requires inspections of all work requiring an electrical permit.The inspections willbe conducted by the Department of Labor and Industries. The ordinance creating Chapter 16.65 ofthe Moses Lake Municipal Codeentitled"ElectricalInspections"was read by title only. Action Taken:Mr.Chapman moved that the first reading of the ordinance be adopted,seconded by Mr. Rimple, and passed unanimously. RESOLUTION -POLICE BENEFIT DONATION A resolution was presentedwhich accepts $1,000 from the Moses Lake Police BenefitAssociation.The funds are to be used in the Crime Prevention Program. The resolution accepting a donation to the Moses Lake Police Crime Prevention Program was read by title only. Action Taken:Mr.Nichols moved that the resolution be adopted,seconded by Mr.Blackwell,and passed unanimously. -j)pJ RESOLUTION-WELL 18 I A resolutionwas presented whichdeclares thatan emergency existsand providesforthe constructionofWell #18,which will supply water to the Wheeler and Lakeview pressure zones. The resolutiondeclaringan emergency to construct Well #18 was read by titleonly. r> r\ ^J <J u 5441 CITY COUNCIL MINUTES:3 February 9, 1999 Action Taken:Dr.Covey moved that the resolution be adopted,seconded by Mr.Nichols, and passed unanimously. RESOLUTION -LEASE/PURCHASE AGREEMENT Staff recommendedthat the bidforthe city's lease/purchase programbe awarded to Bank One Leasing Corp. A resolution was presented which authorizes the City Manager to sign the lease/purchase documents with Bank One Leasing Corp. The resolution authorizing the execution and delivery ofa masterequipment lease/purchase agreement,and related instruments,and determining other matters in connection therewith was read by titleonly. Action Taken:Mr.Jackson moved that the bid from Bank One Leasing Corp. for the city's 1999 lease/purchase program be accepted and the resolution be adopted,seconded by Mr.Nichols, and passed unanimously. VII.REQUESTS TO CALL FOR BIDS MINI VAN Staff requested authorization to call for bids for a 1999 seven passenger mini van. Action Taken:Mr.Nichols moved that staff beauthorizedto call for bids fora 1999 seven passengermini van, seconded by Mr.Jackson,and passed unanimously. VIII.REFERRALS FROM COMMISSIONS TACOMA INBOARD RACING ASSOCIATION -USE OF CASCADE PARK The Tacoma Inboard Racing Association has requested the use ofCascade Park fortheir headquarters and spectator area for their powerboat races to be held on October 9 & 10,1999.The Parks and Recreation Commission has recommended that the request be approved with the stipulation that the requirements imposed be met. Action Taken:Mr.Rimple movedthat the requestby the Tacoma Inboard Racing Association to useCascade Park be approved with the stipulation that they meet the requirements of the Parks and Recreation Commission,seconded by Mr.Nichols, and passed unanimously. ORDINANCE - HALL ZONE CHANGE -1st READING An ordinance was presented which provides for the rezone of Lots 11 -14,Block 3,Lakeview Terrace Unit #1 from R-1,Single Family Residential,to R-3, Multi-family Residential.The Planning Commission recommended that the zone change request be approved. The ordinance amending Section 18.09.020 ofthe Moses Lake Municipal Code was read by title only. There was some discussion by the Council on the safety of pedestrians due to the lack of sidewalks in this area. Action Taken:Mr.Rimple moved that the first reading of the ordinance be adopted,a public hearing be set for February 23,and the Findings of Fact be accepted,seconded by Mr.Nichols,and passed with Mr. Chapman opposed. PARKPLACE PLAZA SHORT PLAT -VARIANCES Phil Bloom,Columbia Northwest Engineering,has requested a variance from the Community Standards relating to the location of dedicated sewer main and a variance from Section 17.32 relating to lot design standards.The request is to use the existing sewer stub out to the property and serve the three lots from a sewer line placed on private property.The city would retain an easement for maintenance ofthe sewer line. The variance concerning the lot design standards is needed since none of the lot shapes meet the city's standards.Each lot has sufficient space to meet the requirements for the construction of a duplex.The Planning Commission recommended that the variance on the sewerlinebe approved with the stipulation that the developer provide covenants which require the property ownerto be responsible forthe replacement of any material removed by the city during maintenance of the sewer line.The Planning Commission also recommended that the variance to the lot design standards be approved. Gary G. Harer, Municipal Services Director, pointed out that there are three variances being requested -one for the lotdesign standards;one for the requirement to extend sewer main through the plat;and a variance to allow the sewer main to be constructed on private property in an easement.He mentioned that staff does not liketo have utilities on private property fora number of reasons,including maintenance and repair.He mentioned that during construction of Evelyn Drivethis property was one lotand itwas decided thatthe sewer line would not need to be extended through the property.Currently, to extend the sewer in the street the asphalt will need to be cut and then patched after installation of the sewer main. Mr.Bloom stated that the proposed design of the lots allows for sufficient space to place a duplex on each lot. He mentioned that there seems to be nothing in the records to indicate why the sewer line was not extended through the property. He pointed out that a service line must be attached to the main line, not the /AS6 /D/7 //£/ //90 //Ate II& 5442 CITYCOUNCIL MINUTES: 4 February 9,1999 manhole.To bring a service off the existing sewer main would require the excavation of the street even though there is an 8" main stubbed out to the property.He mentioned that water service was stubbed out to the property in such a way that it appears three lots were proposed at the time of construction.He pointed out that the property owner will provide a covenant which requires the owner to be responsible for the replacement of any improvements that are impacted by the maintenance of the sewer line by the city. There was some discussion by the Council. Action Taken:Mr.Chapman moved that the variance to the lot design standards be approved,the variance to the requirement to extend sewer through the plat be approved,and the request to place the sewer main on private property be denied,seconded by Mr.Jackson,and passed unanimously. U COMPOSITE MOSES LAKE TRAVELPLAZAFINAL PLAT Fred Skinner,Western Pacific Engineering,has submitted a final plat for a one lot major plat located off of Kittleson Road and north of Interstate 90.The plat encompasses numerous existing commercial structures. The Planning Commission recommended that the final plat be approved. Action Taken:Mr.Jackson moved that the Composite Moses Lake Travel Plaza Final Plat be approved with the stipulation that the comments fromthe CityEngineer be addressed and the Findings of Fact be accepted, seconded by Mr. Blackwell,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION PARKS AND RECREATION IMPROVEMENT FUND The improvements budgeted for in the Parks and Recreation Improvement Fund for 1999 will take more money than is available in the fund. Direction is requested from the Council on which projects should be funded. Joseph K.Gavinski, City Manager,suggested that there is sufficient funds to replace the lighting on the baseball fieldat Larson Playfieldand establish a soccercomplex at Cascade Park. Moneyfromthe General Fund could be used to do one halfof the parking lotat the Vista Community Playfieldwitha transfer to the Park and Recreation Improvement Fund. He explained further how the projects may be funded. There was considerable discussion and the Council requested that this item be brought back at the next Council meeting. ')LID SEGREGATION Parkplace Investors has requested a segregation of assessments with regard to LID #58. With this segregation the remaining due amounts on assessments #2,#11,and #12 will be assessed against Parcels 1 and 2 of Lot 2,and Parcel B of Lot 3. Joseph K.Gavinski, CityManager, explained that the segregation would not take place until the current due amounts are paid and the binding site plans are recorded. The resolution allowing and ordering a further segregation ofassessed tracts ofland in LID #58 at the request of Parkplace Investors was read by titleonly. Action Taken:Mr.Nichols moved that the resolution be adopted,seconded by Dr.Covey, and passed unanimously. LAND TRADE Parkplace Investors is ready to make the trade of property withthe Cityof Moses Lake. Withthis trade the citywould receive approximately 8.75 acres of developed property and Parkplace Investors would receive 14.37 acres ofundeveloped property. The developed propertyisvaluedat $1,106,000 and the undeveloped property is valued at $400,000. Joseph K.Gavinski, CityManager, explained the proposed property trade. Dr.Covey pointed out that the CityManagerwasdirected to complete the property trade at the December15, 1998 meeting.r) Itwas the consensus of the Councilthat the staff proceed withthe land exchange. X.PUBLIC QUESTIONS AND COMMENTS -None XI.COUNCIL QUESTIONS AND COMMENTS -None XII.CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT Joseph K.Gavinski, City Manager, reported that the city received $17,500.45 in investment income for the month of January 1999. irfo )00$ n n u LJ u 5443 CITY COUNCIL MINUTES:5 February 9,1999 BUILDING ACTIVITY REPORT Joseph K.Gavinski, City Manager, distributed the January 1999 BuildingActivity Report. SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski, City Manager reported that the city received $246,377.17 insalestaxes and $$10,177.89 in transient rental income on January 29,1999. WATERSHED PREPLANNING Joseph K. Gavinski, City Manager,mentioned that the city is gathering additional information on the importance of the watershed planning process to the city and will keep the Council informed. The meeting was recessed at 10:15 p.m. and the Council met inan executive session to discuss real estate. The executive session was adjourned at 10:30 p.m. and the regular meeting w^as-feeonyened.The regular meeting was adjourned at 10:30 p.m. ATTEST:layor /O&04 ~7K u ^J u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE HALL REZONE REQUEST NO.ZC 99-1 FINDINGS OF FACT,CONCLUSIONS, AND DECISION HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public hearing was held upon proper notice beforethe Commission on January 14, 1999. 1.2 Proponent.Wayne Hall and Leonard Reynolds are the proponents of this zone change. 1.3 Purpose.The proponent has requested a zone change of property legally described as follows from R-1,Single Family Residential,to R-3,Multi-family Residential. Lakeview Terrace Unit#1,Block 3,Lots 11 -14 1.4 Evidence.The Commission considered the following materials in reaching its decision. A.The application ofthe proponent for the zone change. B.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 platted. 2.3 The zone change is consistent with the Comprehensive Plan in that the area is in transition from residential uses to professional uses. 2.4 The zone change is in the public interest and will benefit the public welfare. 2.5 The zone change will allow uses consistent with similar uses on Juniper Drive. 2.6 The zone change willallow the Planning Commission to mitigate any adverse impacts to the neighborhood. CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission made the following conclusions: 3.1 The Planning Commission of the City of Moses Lake is vested with the authority to recom mend to the City Council the advisability ofthe proposed change in zoning. 3.2 The rezone request of the proponent is properly before the Commission for its recommen dation. 3.3 It is proper at this time for the Planning Commission to make a recommendation on this rezone request. 3.5 Itis in the best interests and welfare of the city's citizensto rezonethe 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 PlanningCommission ofthe Cityof Moses Lake to the CityCouncilofthe Cityof Moses Lake that the request fora rezone of this property be granted. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A publichearing was held upon propernotice before the City Councilon February9, 1999. 5.2 Proponent.Wayne Hall and Leonard Reynolds are the proponents of this rezone. 5.3 Purpose.The City Council considered the request fora rezone. 5.4 Evidence.The City Council considered the following materials in reaching its decision: A.The application of the proponent for the rezone. B.The history of the property. C.Comments from the public. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. No furtherevidencewas presented to the CityCouncil.The CityCouncil adopts those findings of fact 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 of the City of Moses Lake is vested with the authority to make a decision on a proposed change in zoning. 7.2 The rezone request of the proponent is properly before the Council for its decision. 7.3 Itis proper at this time forthe City Council to make a decision on this rezone request. 8.DECISION OF THE CITY COUNCIL. The City Council of the City of Moses Lake agrees with the recommendation of the Planning f*\ Commission and adopts the firstreading of an ordinance approving the zone change request. Richard Pearce,Mayor n n O o u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE COMPOSITE MOSES LAKE TRAVEL PLAZA FINAL PLAT COMPOSITE MOSES LAKE TRAVEL PLAZA FINAL PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date.A public meetingwas heldupon proper noticebeforethe Commissionon January 14, 1999. 1.2 Proponent.Pat Molitor is the proponent of this plat. 1.3 Purpose.The proponent has submitteda plat for property whichis legally describeduponthe plat.City staffhas confirmed the property describedon the plat isthe property submitted for platting. 1.4 Evidence.The Commission considered the following materials in reaching its decision: A.The submitted plat. B.Testimony from the proponent. C.Written comments from various parties. 2.FINDINGS OF FACT BYTHE PLANNING COMMISSION. Based upon the evidence presented to them,the Commission makes the following findings of fact: 2.1 The proponent is the owner of the property. 2.2 The property is currently zoned C-2,General Commercial and Business. 2.3 The plat is in the public interest. 2.4 The platis consistent with the preliminary plat. 2.5 The plat conforms to the intent of the zone. 2.6 The plat is consistent with the Comprehensive Plan. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of factthe Commission makes the following conclusions: 3.1 The Planning Commissionofthe City ofMoses Lakeisvested with the authority torecommend to the City Councilthe advisabilityof approving a plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 It is proper atthistime for the Planning Commission tomake a recommendation on this plat. 3.4 It is in the best interestsandwelfare ofthe city'scitizensto plat the property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. Onthebasisofthe foregoing findings of fact andconclusions,itisthe recommendation ofthe Planning Commission ofthe City of Moses Laketo the City Council of the City of Moses Lakethatthe plat be approved. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meetingwas held upon propernoticebeforethe Council on February 9,1999. 5.2 Proponent. Pat Molitor is the proponent of this plat. 5.3 Purpose.The proponent has submitted a preliminary plat for property legally described upon the plat.City staffhas confirmed the property described onthe plat isthe property submitted for platting. 5.4 Evidence.The Council consideredthe following materials in reaching its decision: A.The submitted plat. B.Testimony fromthe proponent. C. Written comments from various parties. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL No further evidence was presented tothe City Council.TheCity Council adopts thosefindings offact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS BY THE CITY COUNCIL From the foregoing findings of fact the Council makes the following conclusions: 7.1 The City Council ofthe City of Moses Lakeisvested with the authority to make a decision on a final plat. 7.2 The plat is properly before the Council for its decision. 7.3 Itis properat this time forthe CityCouncilto make a decision on this final plat. 8.DECISION. The CityCouncilofthe Cityof Moses Lake agrees withthe recommendation of the PlanningCommis sion and approves the final plat. Richard Pearce,Mayor O n n