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1998 11 105414 MOSES LAKE CITY COUNCIL November 10,1998 Council Present: Richard Pearce,Daryl Jackson,Grant Nichols,Lee Blackwell,and Wayne Rimple Absent: Ron Covey and Bob Chapman MINUTES:Mr.Nichols moved that the minutes of the October 27 meeting be approved as submitted, seconded by Mr.Jackson,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS I)Action Taken:Mr.Jackson moved that the bills,checks,and prepaid claims issued be approved,seconded ^J by Mr.Blackwell and passed with Mr.Rimple abstaining from that portion of the billsfor Faber Industrial Supply. Vouchers audited and certifiedbythe Finance Directoras required by RCW42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090,have been recorded on a listingwhich has been made available to the City Council. Claims: The vouchers included on the below list as modifiedby the Council and noted upon said listforthe Councilmeeting ofNovember 10,1998 forthe funds listed below are approved inthe amountof $408,937.99. GENERAL FUND STREET STREET IMPROVEMENT WATER/SEWER FUND 1996 BOND REDM FUND WATER/SEWER CONSTRUCTION SANITATION FUND Prepaid Claims:Prepaid claims approved bythe CityManageraccording tothe 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 CityCouncil. The claims listed below are approved in the amount of $20,953.54 for all funds. (J GENERAL $7,308.95 WATER/SEWER FUND 24.338 W STREET IMPROVEMENT 1,600.00 CENTRAL SERVICES 14.72 PARK &REC IMPROVEMENT 11,644.24 BUILD MAINT-OPERATIONS 361.30 TOTAL $20,953.54 Claims Checks:Checks 23467 through 23785 issued on October 28,1998 were approved for payment at the Council meeting held on November 10,1998 in the total amount of $268,432.91. Payroll:The payrollissued on October30,1998 having been approved pursuanttothe ruleofthe CityCouncil set forth in Moses Lake MunicipalCode 3.42.040,was paid by checks 65344 through 65522 inthe amount of $296,984.59. Payroll:The payroll issued onOctober 30,1998 havingbeen approved pursuanttothe ruleofthe CityCouncil setforth in Moses Lake Municipal Code 3.42.040,was paid by checks 65523 through 65540 inthe amount of $9,222.33. u $87,205.37 AIRPORT 28.39 4,894.02 UNEMPL COMP INS 7,819.21 102,584.80 CENTRAL SERVICES 11,422.34 47,221.03 EQUIP RENTAL-OPERATIONS 9,359.61 76.20 BUILD MAINT-OPERATIONS 15,819.53 33,796.00 FIREMANS PENSION 55.00 84,945.49 ML YOUTH PARTNERSHIP TF 3,711.00 TOTAL $408,937.99 PROCLAMATION The proclamationdeclaring November 1998 as National Ice Skating Month was read initsentirety. I.CITIZEN INPUT-None II.PRESENTATIONS -None III.CONSENT AGENDA AcceptWork-1997 ChipSeal Program:BasinPavinghas completedthe 1997 ChipSeal Program. Thework should be accepted and the 30-day lien period entered into. AcceptWork-Valley RoadReconstruction:Selland Construction hascompleted theValley Road Reconstruc-JOJ 9 tion Project.The work should be accepted and the 30-day lien period entered into. Resolution -Accept Donation -Moses Lake/Othello Realtors:Aresolution was presented which accepts /oVk $1,675 fromthe Moses Lake/Othello AssociationofRealtors. Thefunds are to be used forthe promotion and continuation of specialized recreation programs. //3-R 5415 CITY COUNCIL MINUTES:2 November 10,1998 j 7Cj Resolution -Accept Grant -Traffic Safety Commission:Aresolution was presented which accepts agrant ''from the Washington State Traffic Safety Commission for the purchaseoftwo traffic radars. I/7"7 Six Year Street Program:Staff recommended that the Council set November 24 as the date for a public hearing and consideration of the Six Year Street Program. )D/y 1999 Police Vehicles:Staff requested authorization to call for bids for two new police vehicles. /"•s Action Taken:Mr.Nichols moved that the Consent Agenda be approved,seconded by Mr.Blackwell,and ^—^ 'passed unanimously.\) IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None j\Q$]DEPARTMENT OF TRANSPORTATION -1999 CONSTRUCTION PROJECTS The Department of Transportation has several projects in the Moses Lake area which they would like to discuss with the Council. Dan Charles,DOT,distributed maps showing the projects proposed forthe Moses Lakearea.These projects include resurfacing of Highway 17 from I-90 to Lind Coulee and putting in a left turn channelization at Road 3 NE;resurfacing Broadway from Highway 17 to I-90;improvements to Highway 17 from I-90 to the north entranceto the base,including a signal at the east bound off-ramp,a signal at Pioneer, and a signal at Nelson Road;Highway 17 will be increased to 4 lanes from Stratford Road to Pioneer; an interchange at West Broadway;and the replacement ofthe bridge at Division and Potato Hill Road.All ofthese projects,except the four laning of Highway 17,should take place within the nexttwo years. ///</REQUEST TO USE CIVIC CENTER PARK -FARMERS MARKET The Columbia Basin Farmers Market and Craft Bazaar,Inc.hasrequested permission to usethe Civic Center Park for the weekly Saturday Farmers Market in 1999 and into the future. f\Karen Wagner,Chamber ofCommerce,pointed out that the Farmers Market has become a social event for -^ manv oeoole and encouraged the Council to favorablv consider this reouest.('many people and encouraged the Council to favorably considerthis request. ActionTaken:Mr.BlackwellmovedthattheColumbia Basin Farmers Marketand CraftBazaar,Inc.beallowed to use the Civic Center Park on Saturdays for the weekly Farmers Market in 1999,seconded by Mr.Jackson, and passed unanimously. ORDINANCE -AMEND CHAPTER 18.32 -2ND READING/PUBLIC HEARING An ordinance was presented which amends Chapter 18.32,General Commercial and Business Zone, concerning the use ofcargo containers on a temporary seasonal basis. Gary G. Harer, Municipal Services Director, pointed out that the ordinance separates out the permits for the permanentand temporary cargo containers.He mentioned that the Council had requested an additional fee be charged inorder to coverthe city's costs to regulate thesetemporary uses but staffhasnot recommended an amount. The public hearing was opened. MitchellDelabarre,representingWal-Mart,spoke infavorof the passage oftheordinance.He mentioned that Wal-Mart will be taking responsibility for security of the cargo containers.They willbe using a tamper-proof lock on the containers and they also have the abilityto install security cameras ifneeded.He pointed out that the containers willbeobscured behind an 8'fence.He felt that the proposed fee should be a reasonable one that both small and large businesses could pay. Karen Wagner,Chamber of Commerce,commended the Council on the way it has handled this issue. Richard Beeson pointed out that a jointstudy session was held between the Counciland Planning Commis sion on this issue and wanted to know if minutes of that meeting were made. Joseph K.Gavinski, City Manager,stated that minutes of study sessions are kept as itis a requirement by the Auditor. ActionTaken:Mr.Jackson moved that the publichearing be closed,seconded by Mr.Blackwell,and passed unanimously. The ordinance amending Chapter18.32 of the Moses Lake MunicipalCodeentitled "C-2,General Commercial and Business Zone"was read by title only. IC&1 n n 5416 CITY COUNCIL MINUTES: 3 November 10,1998 Mr.Jackson did not feel it was necessary to have the temporary cargo containers painted to match the building. There was some discussion by the Council on the need for painting the containers and the amountof the fee that should be imposed on the temporary cargo containers to mitigate costs to the city. Action Taken:Mr.Rimple moved that the fee to mitigate additional expenses forthe city fortemporary cargo containers be set at $50 per container,seconded by Mr.Jackson,and passed unanimously. ^_^l Action Taken:Mr.Jackson moved that the ordinance be amended to eliminate K3 and the second reading of the ordinance be adopted,seconded by Mr.Blackwell,and passed with Mr.Nichols opposed. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 13.08 -2ND READING An ordinance was presented which deletes sections fromthe water and sewer connection ordinance dealing with reimbursements in connection with the Mid-Peninsula Block Grant Program which are no longer valid. The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. Action Taken:Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Mr. Blackwell,and passed unanimously. ORDINANCE -AMEND 1998 BUDGET -2ND READING //)//) An ordinance was presented which amends the 1998 budget. The ordinance amending the 1998 budget for the City of Moses Lake,Washington,was read by title only. Action Taken:Mr.Blackwell moved that the second reading of the ordinance be adopted,seconded by Mr. Jackson,and passed unanimously. I J RESOLUTION -ESTABLISH SUBSTANTIAL NEEDS -1999 BUDGET A resolution was presented which increases the city's property tax levy above the rate of inflation. The resolution increasing the City of Moses Lake's regular tax levy up to 106%was read by title only. Action Taken:Mr.Jackson moved that the resolution be adopted,seconded by Mr.Nichols,and passed unanimously. ORDINANCE -TAX LEVY -2nd READING ////)-/< An ordinance was presented which fixes the estimated amountto be received by the city from property taxes in 1999. The ordinance fixing the amountto be received formunicipal purposes from taxations on assessed valuations on property within the City of Moses Lake,Washington for 1999 was read by title only. Action Taken:Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Mr. Blackwell,and passed unanimously. ORDINANCE -ADOPT 1999 BUDGET -1st READING An ordinance was presented which adopts the 1999 budget. The ordinance adopting the budget forthe Cityof Moses Lake,Washington forthe year of 1999 was read by ()title only. Action Taken:Mr.Jackson moved that the firstreading of the ordinancebe adopted,seconded by Mr.Nichols, and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None /O/O 5417 CITY COUNCIL MINUTES:4 November 10,1998 III.REFERRALS FROM COMMISSIONS j)£(j>IRRIGATORS INC.PRELIMINARY PLAT/VARIANCES Knudson Land Surveying has submitted a preliminaryplatfora one lot,5.53 acre, major platlocated on East Broadway.The area is zoned LightIndustrial. A variance has been requested to the requirementto construct sewerthrough the length ofthe plat. This preliminaryplatwas previously approved by the Council on August 25,1998.At that time the Council denied the variance requestto defer construction of sidewalk,curbs, and gutters on the north side of East Broadway.No variance to the requirement to install sewerwas requested because a pressure sewer main was to be installed along East Broadway.That option is no longer available so a variance is not being requested.Sewer service would be provided from the proposed Broadway Business Park South Plat.The Planning Commission recommended that the variance to the requirement to extend sewer through the plat be granted and the preliminary plat be approved. Phil Bloom, Columbia Northwest Engineering,representing Irrigators Inc.explained that after further discussionswith staff itwas determined the area would eventually need a sewer main and itwas decided not to install a pressure sewer main at this time.The proponent is requesting a variance to the requirement to install sewer main at this time.The property will be served with a private sewer line from the proposed Broadway Business Park South Plat. Action Taken:Mr.Rimple moved that the variance to the requirement to extend the sewer main be granted with the stipulation that a covenant be required,the preliminary plat be approved with the stipulation thatthe comments from the City Engineer be addressed,and the Findings of Fact be accepted,seconded by Mr. Jackson,and passed unanimously. \}C)0 ORDINANCE -AMCO ZONE CHANGE -1st READING \}qo 00 PhilBloom,Columbia Northwest Engineering,representing Amco Investments,has requested a zone change for Park Orchard Tract 39 from R-2,Single Family and Two Family Residential,to R-3, Multi-family Residential.The Planning Commission recommended that the zone change request be approved except for the most northerly 130'of Park Orchard Tract 39. Gary G. Harer, Municipal Services Director,explained that there are three separate parcels in this area on which a zone change has been requested.The residents north of POT 39 expressed concern about multi- family structures being constructed immediately adjacent to their backyards.With those concerns in mind, the Planning Commission recommended that the northerly 130'of POT 39 remain in the R-2 zone to act as a buffer between the requested R-3 zone and the existing single family development.The othertwo parcels being requested for a zone change as Tax #5502 at the corner of Valley Road and Grape Drive and Tax #3021 on Valley Road between Paxson Drive and Grape Drive. He mentioned that the uses in the area include single family residential, a manufactured home park, multi-family residential, and some commercial. Mr.Bloom explained that a preliminary plat for single family residences has been proposed along Paxson Drive and the owners intend to continue with that type of development for the entire parcel. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. Action Taken:Mr.Blackwell moved that the first reading oftheordinance be adopted and a public hearing and the second reading of the ordinance be set for December 8,seconded by Mr.Jackson,and passed unanimously. ORDINANCE -PLONSKE ZONE CHANGE -1st READING Mr.Jackson declared a conflict of interest and exited the room. Steve Talbot,representing William Plonske,has requested a zone change forTax #3021 located on Valley Road east of Grape Drive from R-2,Single Family and Two Family Residential,to R-3, Multi-family Residential.The Planning Commission recommended that the zone change request be approved. Mr.Talbot stated that due to the lack of development and the speeds on Valley Road the area is not ^^^ conducive to residential development along Valley Road.Professional offices along Valley Road would () provide a buffer between the traffic and the residential areas. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. Action Taken:Mr.Blackwell moved that the firstreading ofthe ordinance be adopted and a publichearing and the second reading of the ordinance set for December8,seconded by Mr.Nichols, and passed unanimously. ORDINANCE -VOSS ZONE CHANGE -1st READING Steve Talbot,representing MaryVoss,has requested a zonechange forTax#5502 located atthe intersection of Valley Road and Grape Drive from R-2, Single Familyand Two Family Residential, to R-3,Multi-family Residential.The Planning Commission recommended that the zone change request be approved. n n 5418 CITY COUNCIL MINUTES:5 November 10,1998 GaryG.Harer,Municipal Services Director,statedthatthe PlanningCommission discussedTax#3055,which lies between the proposed Voss zone changeand theAmcozone changeand had suggested that the Council include this property in the zone change. James A.Whitaker,City Attorney,stated that staff has contacted the owner of Tax #3055 and the property owner does not have an objection to the Council including his property inthe Voss zone change ordinance. He pointed out that ifTax #3055 is included,the ordinance would require another first reading. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. ActionTaken:Mr.Rimple moved that the ordinance be amended to include Tax #3055 and a first reading of the ordinance be set for November 17,seconded by Mr.Nichols, and passed unanimously. ORDINANCE -AHLERS PARK ZONE CHANGE -1st READING The City ofMoses Lake,has requested a zone change forTax #5350,Ahlers Park,located at the intersection of Third Avenue and Dogwood Street from C-2,General Commercial and Business to Public.The Planning Commission recommended that the zone change request be approved. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. Action Taken:Mr.Blackwell moved that the first reading of the ordinance be approved and a public hearing and the second reading of the ordinance set for December 8,seconded by Mr.Jackson,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION COUNCIL MEETINGS Staff suggested that the Council meetingsscheduled forthe fourth Tuesdays of Novemberand Decemberbe reset to the third Tuesdays of November and December.This would eliminate any conflicts with the Thanksgiving and Christmas holidays. //9d ;oo? Action Taken:Mr.Jackson moved that the meetings scheduled for the fourth Tuesdays of November and\^J December be reset to the third Tuesdays of November and December,seconded by Mr.Blackwell,and \_J passed unanimously. REQUEST FOR CITY SERVICES -PACIFIC RIM ETHANOL Thor A.Jackola,representing Pacific Rim Ethanol,has requested thatcity waterand sewer beextended along Road Nto approximately the Frontage Road to service their new plant.The city watersystem in theWheeler Zone is capable of supplying the requested 520 gpm peak flow and the 220 gpm average flow.This zone cannot supply the additional 450 gpm that is requested in the event they cannot use their on-site well.The city is inthe process of locating property inthe Wheeler Zone to construct a new well inthe year 2000.The expected sewer discharge is for domestic purposes and does not present a problem for the city's system. If Pacific Rim Ethanol is required to discharge their process water to the city system,2 existing lift stations would have to be upgraded and they would need a discharge permit. Gary G.Harer,Municipal Services Director,stated that the city is concerned about the water supply inthe WheelerZone becausethere isonlyWell 17 and the reservoir inthe Zone.However,thecity is inthe process of obtaininganother withdrawal pointinthisarea throughthe Departmentof Ecology. There is a provision in the budget to acquire property and hirea consultant to help select a site.Another well inthe Wheeler Zone will help alleviate the problems. Joseph K.Gavinski, City Manager,stated that this property is not currently inthe IUGA orthe UGAand it would be need to be included since the city has a policythat water and sewerservice will not be extended to property outside the IUGAorthe UGA. Mr.Jackson felt that the extension of city services would be a good idea so long as the city has the needed i j capacity.K^J Michael Schnepp,Pacific Rim Ethanol,stated thatthey plan to build a 40,000,000 gallon ethanol facility on Road NNE. This will involveconstructinga$70,000,000 plantwhichwill use4,000,000 bushelsofwheatand 15,200,000 bushels of barley per year. The plan is to produce fuel grade ethanol and various other by products.Between 50 and 60 people will be employed with anannual payroll ofabout$2,250,000 peryear. Hestatedthatthey would like to break ground inApril 1999 and begin production in April 2000. Action Taken:Mr.Jackson moved that the request for city water and sewer service be granted with the stipulation thatan Extra Territorial Utility Agreement beexecuted and provided thatthe property is included inthe IUGAand UGA,seconded by Mr.Nichols, and passed unanimously. //&& iizi* /07 5419 CITY COUNCIL MINUTES:6 November 10,1998 FUEL TAX REDISTRIBUTION PROGRAM Authorization was requested for the City Manager to execute the agreement for the new federal TEA 21 Program which will give the city $123,000 for street programs over the next five years. Action Taken:Mr.Rimple moved that the City Manager be authorized to sign the agreement,seconded by Mr.Blackwell, and passed with Mr.Jackson abstaining. X UGA PROPOSAL ^ /Joseph K.Gavinski,City Manager,distributed an updated UGA mapand a narrative which includes the rW support and justification for the UGA.He also recommended thatthe IUGA be amendedto include the I property where Pacific Rim Ethanol would like to locate and property east ofEka Chemical where another business would liketo locate since they have requested city utilities. ActionTaken:Mr.Blackwell moved that the updated IUGA map be adopted and forwarded to GrantCounty, seconded by Mr.Jackson,and passed unanimously. Action Taken:Mr.Jackson moved that the city proposed UGA be amended and forwarded to Grant County, along with the supporting documentation,seconded by Mr.Nichols, and passed unanimously. X.PUBLIC QUESTIONS AND COMMENTS CONFERENCE CENTER Joseph K.Gavinski,City Manager,distributed information on the various sites proposed for the conference center. Mr.Pearce stated that the intent is to distribute this information to the Tourism Commission and the Planning Commission and then hold a joint meeting to discuss the various sites. Mr.Gavinski stated that staff has been contacted by three other people about sites for the proposed conference center.He suggested that the study session be set forafter the firstof the year to give people ^•v time tosubmit their proposals.—^ There was some discussion by the Council. Action Taken:Mr.Jackson moved that a study session be set forJanuary 5,1999 at 7 p.m. inthe Council Chambers and all proposals are to be into the city by January 3,1999,seconded by Mr.Nichols, and passed with Mr.Blackwell opposed. XI.COUNCIL QUESTIONS AND COMMENTS -None XII.CITY MANAGER REPORTS AND COMMENTS IQOS INVESTMENT REPORT The city received $83,530.97 in investment income for October 1998. }030A BUILDING ACTIVITY REPORT Joseph K.Gavinski,City Manager, distributed the building activity report for October 1998. SALES TAX/TRANSIENT RENTAL INCOME The city received $277,138.19 in sales tax and $42,544.50 in transient rental income for August 1998. The regular meeting was recessed at 9 p.m.and the Council met in an executive session to discuss real ^ati^estate.The executive session wasadjourned at9:30 p.m.and the regular meeting was reconvened.The f)regular meeting was adjourned at 9:30 p.m.f^ Mayor Tinance Director VJ BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE IRRIGATOR'S, INC.PRELIMINARY MAJOR PLAT IRRIGATOR'S INC.MAJOR PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public meeting was held upon proper notice before the Commission on October 15, 1998. 1.2 Proponent.Irrigator's,Inc. is the proponent of this plat. 1.3 Purpose.The proponent has submitted a platfor propertywhich is legallydescribed upon the plat.Citystaff has confirmedthe property described on the plat is the 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 BY THE 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 Light Industrial. 2.3 The development is consistent with the Comprehensive Plan. 2.4 No negative comments from the public. 3.CONCLUSIONS BY THE PLANNING COMMISSION. Fromthe foregoing findings of fact the Commission makes the following conclusions: 3.1 The PlanningCommission ofthe Cityof Moses Lake is vested withthe authorityto recommend to the City Council the advisability of approving a plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 Itis proper at this time forthe Planning Commission to make a recommendation on this plat. 3.4 It is inthe best interests and welfare of the city's citizens to platthe property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. Onthe basis ofthe foregoing findingsof factand conclusions, itisthe recommendation ofthe Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that the platbe approved, the variance to defer sewer improvements be granted, and the comments of the City Engineer be addressed. U FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meeting was held upon proper notice before the Council on November 10,1998. 5.2 Proponent.Irrigator's,Inc. is the proponent of this plat. 5.3 Purpose.The proponent has submitted a preliminaryplat for property legally described upon the plat. City staff has confirmed the property described on the plat is the property submitted for platting. 5.4 Evidence.The Council considered the following materials in reaching its decision: A.The submitted plat. B.Testimony from the proponent. C. Written comments fromvarious parties. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. No further evidence was presented to the City Council.The City Council adopts those findings offact f|) made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS BY THE CITY COUNCIL. From the foregoing findings of factthe Council makes the following conclusions: 7.1 The CityCouncilof the Cityof Moses Lake is vested withthe authorityto make a decision on a preliminary plat. 7.2 The plat is properly before the Council for its decision. 7.3 Itis properat this time forthe City Councilto make a decision on this preliminary plat. 8.DECISION. The CityCouncil ofthe Cityof Moses Lake agreeswiththe recommendation of the Planning Commis sion and approves the preliminary plat. Dated:November 10/1998 Richard H.Pearce,Mayor n n