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1998 02 245327 MOSES LAKE CITY COUNCIL February 24,1998 Council Present:Richard Pearce,Ron Covey,Daryl Jackson,Wayne Rimple,Lee Blackwell,Grant Nichols,and Bob Chapman MINUTES: Mr.Jackson moved that the minutes of the February 10 meeting be approved as submitted, seconded by Mr.Rimple,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS {^J Action Taken:Dr.Covey moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Blackwell, and passed with Mr.Rimple abstaining from voting for that portion of the bills to Faber Industrial 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 24,1998 for the funds listed below are approved in the amount of $254,039.15. WATER/SEWER LEASES 1,493.17 SANITATION FUND 7.12 AIRPORT 38.22 UNEMPL COMP INS 375.00 CENTRAL SERVICES 11,566.21 EQUIP RENTAL-OPERATIONS 30,325.81 BUILD MAINT-OPERATIONS 113,066.48 WATER/SEWER CONSTRUCTION 2,202.70 M L YOUTH PARTNERSHIP TF 162.50 TOTAL $253,935.71 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 recorded on a listing which has been made available to the City Council.The claims listed below ^are approved in the amount of $58,954.43 all funds. GENERAL FUND $16,585.50 STREET 26,583.48 EQUIPMENT LEASES 16,400.63 CENTRAL DRIVE LID #58 91.63 1998 REFUNDING GOB 2,500.00 WATER/SEWER FUND 32,354.75 1992 BOND FUND 182.51 GENERAL $2,560.23 SANITATION FUND 56,317.35 WATER/SEWER FUND 59.50 CENTRAL SERVICES 17.35 TOTAL $58,954.43 Claims Checks:Checks 15103 through 21149 issued on February 11,1998 were approved for payment at the Council meeting held on February 24, 1998 in the total amount of $235,630.33. Payroll:The payroll issued on February 20, 1998 having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 61164 through 61360 in the amount of $290,588.34. I.CITIZEN INPUT -None II.PRESENTATIONS Police Department:Officer Brian Jones and Officer Darryl Judge were presented to Council. Airport:Jim Thompson,Airport Commission Chairman,was presented with a plague from the Department /O/J) of Transportation, Aviation Division,designating the Municipal Airport as Airport of the Year for 1997. III.CONSENT AGENDA -None IV.CONSIDERATION OF BIDS ^•sJ GRAPE DRIVE BALLFIELD IRRIGATION PROJECT Staff recommended that the bid for the Grape Drive Ballfield Irrigation Project be awarded to Desert Rock. This project includes removing rocks,installing the irrigation system,and planting grass in the areas surrounding ballfields 1,2, 3, and 4. The optionis to do the same work for the rectangular area between Fields 1 and 4. There was some discussion by the Council about including areas 7, 8, and 9 since the bids were very favorable to the city. Action Taken:Mr.Chapman moved that the bid be awarded to Desert Rock and to include rock picking in areas 7,8, and 9 around Field 5,seconded by Mr. Rimple, and passed unanimously. /OY? jOOif IIP- 5328 CITY COUNCIL MINUTES:2 February 24,1998 V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS MUNICIPAL AIRPORT -FIRE PROTECTION The Airport Commission requested the Council consider extending the current water project to the west side ofthe Municipal Airport and extending about halfway downthe runways. This would be approximate ly2,500 feet of additional water main and one additional fire hydrant. The request to extend the water line is to providewater service to the west side so that there is fire protection for existing aircraft and hangers and also to allow for construction of additional buildings.f\ Jim Thompson,Airport Commission Chairman, stated that the Commission feltthat this would be a good time to expand the development on the west side of the airport.There is a building moratorium at the Airportand in the last three years there have been three requests forconstruction of hangers on the west side. Extending water to the west side would enable building to take place in that area. Jerry Richardson, AirportCommission,pointed out that there has been a great deal of work done at the airport in the past.Requests have been received forthe construction of hangers on the west side which have not been approved because there is no fire protection in that area. There was some discussion by the Council. Action Taken:Mr.Jackson moved that the water line on the Municipal Airport be extended to the mid point of the road on the west side, not to exceed $48,000 unless it is further approved by the Council, seconded by Mr.Blackwell,and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND WATER/SEWER RATES -2ND READING An ordinance was presented which provides foran increase in water and sewer rates each year in relation to the consumer price index. The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water and Sewer Rates"was read by title only. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr. Blackwell,and passed unanimously. lOfF ORDINANCE -GARBAGE RATES -2ND READING An ordinance was presented which increases the garbage rates. The ordinance establishing charges for garbage collection was read by title only. Action Taken:Mr.Blackwell moved that the second reading of the ordinance be adopted,seconded by Dr.Covey,and passed unanimously. n 00 101 ORDINANCE -MAIERS ZONE CHANGE -2ND READING/PUBLIC HEARING An ordinance was presented which provides for a zone change from Agriculture to C-2,General Commercial and Business,for 20 acres of property located adjacent to Clover Drive near its intersection with Kittleson Road. 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:Mr.Jackson moved that the public hearing be closed,seconded by Mr.Chapman,and passed unanimously. Action Taken:Mr.Jackson moved that the second reading of the ordinance be adopted,seconded by Mr. Chapman,and passed unanimously. 0 ORDINANCE -AMEND 1998 BUDGET -1ST READING An ordinance was presented with amended 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 first reading of the ordinance be adopted,seconded by Mr. Rimple, and passed unanimously. J r) KJ u 5329 CITY COUNCIL MINUTES: 3 February 24,1998 RESOLUTION -SPRING FESTIVAL A resolution regarding the 1998 Spring Festival was presented along with a hold harmless agreement. The resolution regarding the Moses Lake Spring Festival to be held May 22, 23, and 24,1998 was read by title only. Action Taken:Mr.Rimple moved that the resolution be adopted and the City Manager be authorized to sign the Hold Harmless Agreement,seconded by Mr.Blackwell, and passed unanimously. VII.REQUESTS TO CALL FOR BIDS SEWER TV CAMERA TRUCK Staff requested authorization to call for bids for a TV camera truck to be used by the Wastewater Division to view sewer mains. Action Taken:Mr.Rimple moved that staff be authorized to call for bids,seconded by Mr. Nichols, and passed unanimously. VALLEY ROAD IMPROVEMENTS Staff requested authorization to call for bids for the improvements to Valley Road.This project includes constructing 3 traffic lanes,a bike path on the south side and a 6'fence along a portion of the bike path. The project will extend from Airway Drive to Ottmar Road.Funding for the project will come from TIB funds,county funds, and city funds. Action Taken:Mr.Rimple moved that staff be authorized to call for bids for the improvements to Valley Road,seconded by Mr.Blackwell, and passed with Mr.Jackson abstaining as he is on the TIB Board. VIII.REFERRALS FROM COMMISSIONS MOSES LAKE FORD MAJOR PLATA/ARIANCES "~V Phil Bloom,Columbia Northwest Engineering,has submitted a preliminary plat for a 1 lot,9.74 acre,major ^->plat.The proposed plat is located offof Clover Drive and abuts SR-17,south ofthe SR-17 and Pioneer Way "Y"intersection.The area is zoned C-2, General Commercial and Business.A variance has been submitted as part of the subject plat to defer construction of sidewalk on the west side of Clover Drive. A variance has also been requested to defer sidewalks on that portion of Clover Drive that will be improved off-site.The Planning Commission recommended that the variance to defer sidewalks on the west side of Clover Drive-the length of the plat be approved,that off-site street improvements to Clover Drive be required from the existing asphalt to the plat except for sidewalks on the west side of Clover, and the preliminary plat be approved.Staff would also note that a covenant is currently in place for some of the off-site improvements recommended by the Commission. There was some discussion by the Council on the road design. Action Taken:Mr.Rimple moved that the preliminary plat be approved with a street width of44'with curbs on both sides,two 15%'travel lanes,a 13'center turn lane,a 6'sidewalk on the east side ofClover Drive from Highway 17 through the length of the plat,the future allowance for a 10'bike path on the west side ofClover Drive,the variance be granted for sidewalks on the west side,the comments of the City Engineer be addressed,and the Findings of Fact be accepted,seconded by Mr.Jackson,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION NEPPEL LANDING -PARKING BY SOB'S The railroad company will consent to the city subleasing to Rigsby and Crothers, Inc. a portion of the property the city has leased for the Neppel Landing.This property would be used for additional parking at SOB's restaurant. /JJA /0/7 '0/o //*?0> /A3Q Action Taken:Mr.Jackson moved that the City Manager be authorized to execute the railroad's Consent to Sublease and be authorized to negotiate a sublease with Rigsby and Crothers, Inc., and the sublease to be brought back to the Council,seconded by Mr.Nichols,and passed unanimously. DRIVEWAY VARIANCE -RITE AID Rite Aid has requested avariance to the driveway standards in order to maintain existing driveway within //^ 10'of the propertylineand an existing driveway within 5' of a property linefora development at the corner of Pioneer Way and Fifth Avenue. 5330 CITY COUNCIL MINUTES:4 February 24,1998 DanTaylor,developer partnership,stated that Rite Aid is a drug store chain that has purchased Payless and itis intended to construct a new facility forRite Aidon this property.This entire parcelat Fifth Avenue and Pioneer Way will be purchased and a new facility constructed which will occupy approximately 40% of this parcel.The existing Excell Food Store will be demolished. Action Taken:Mr.Jackson moved that the variance to the Community Standards be granted,seconded by Dr.Covey,and passed unanimously. X.PUBLIC QUESTIONS AND COMMENTS -None {*} IX.COUNCIL QUESTIONS AND COMMENTS -None XI.CITY MANAGER REPORTS AND COMMENTS ,£?//DNRAJONES ANNEXATION 10^ Joseph K. Gavinski, City Manager,stated that the Grant County Boundary Review Board has approved the annexation of property owned by Crawford Jones and DNR to the City of Moses Lake. GROWTH MANAGEMENT Joseph K.Gavinski, City Manager,stated that the Eastern Washington Growth Management Hearings Board has scheduled a hearing on March 18 to consider a compliance schedule for the county. 30 IUGA\o I0O3 Joseph K.Gavinski,City Manager,stated that the East Columbia Basin Irrigation District has sent a letter which indicates it found the urban growth area boundaries to be reasonable in terms of farmland preservation.The Irrigation District has directed its staff to respond to future zoning and platting proposals located within this interim urban growth area as being adjacent to the City of Moses Lake and to not object from a land use planning perspective. INVESTMENT REPORT Joseph K.Gavinski,City Manager,reported that the city received $35,704.34 in investment income in f^) January 1998. BUILDING ACTIVITY REPORT)0S oft Joseph K.Gavinski,City Manager,distributed the January 1998 Building Activity Report. \\lp\j LARSON WATER SYSTEM Joseph K.Gavinski,City Manager,distributed a memo from the City Engineer concerning the watersystem in the Larson area as it relates to the request by KDK for additional water.This issue will be discussed at Retreat. I\><*t>GROWTH MANAGEMENT Joseph K.Gavinski,City Manager,stated that a meeting was held between the cites and County Commissioners concerning inter-local agreements for development standards for property within the IUGA. The second draft of an Urban Growth Area Inter-Local Cooperation Agreement was discussed.This agreement incorporated comments made at the first meeting held to discuss such an agreement. Mr.Pearce mentioned that the county has indicated it would opt out of the growth management process if given that choice.He did not feel any progress had been made toward signing the inter-local agreement with the county. Mr.Chapman felt that the draft inter-local agreement is a good document but did not feel the county was acting in good faith./^ Dr.Covey felt that every municipality present at the meeting was in accord with the inter-local agreement as presented.He requested that the Council go on record as being in support of this inter-local agreement so that the backing of the Council can be conveyed to the County Commissioners. Mr.Chapman suggested that the Council approve this inter-local agreement and present a signed copy to the County Commissioners. There was some discussion by the Council. 5331 CITY COUNCIL MINUTES: 5 February 24, 1998 Mr.Jackson pointed out that the city and county has entered into a cooperative effort to move forward on growth management.He suggested that Council direct staff to proceed with annexing those properties lying east of the City of Moses Lake in order to prevent the vesting of a plat under county regulations that the city would then have to live with forever. Mr.Gavinski pointed out that there is a good faith issue implied with regard to the execution of that contract and so may receive some objections to proceeding with the annexation.He pointed out that in order to come to an agreement on the IUGA boundaries the city gave up the right to annex in this area, 'anticipating that good faith would be applicable to the next step,which is the execution of the inter-local ^_J agreement on development within the IUGA. There was some discussion by the Council. Action Taken:Mr.Jackson moved that the Urban Growth Area Inter-Local Cooperation Agreement be discussed at the Council/staff Retreat,seconded by Mr.Chapman,and passed unanimously. Mr.Jackson felt that staff should be directed to begin the annexation process for property east of Moses Lake. Mr.Gavinski pointed out that annexation is a separate process and includes public participation. He mentioned that because an annexation is started does not automatically mean it will be completed. The regular meeting was recessed at 9:10 p.m. and the Council met in executive session to discuss real estate matters.The executive session was adjourned at 9:30 p.m.and the regular meeting was reconvened. GROWTH MANAGEMENT ,_ There was additional discussion with regard to the matter before the Eastern Washington Growth Management Hearings Board between the Cities of Ephrata,Warden,Royal City, and Moses Lake, and Grant County. <J Action Taken:Mr.Rimple moved that the City of Moses Lake participate in the cost of attorney's fees in the matter before the Eastern Washington Growth Management Hearings Board,seconded by Mr. Jackson,and passed unanimously. The regular meeting was adjourned at 9:35 p.m. Mayor BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF THE MOSES LAKE )MOSES LAKE FORD PRELIMINARY PLAT FORD PRELIMINARY PLAT ) ) )FINDINGS OF FACT,CONCLUSIONS, )AND DECISION ^J 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public hearing was held upon proper notice before the Commission on January 29, 1998. 1.2 Proponent.Moses Lake Ford is the proponent of this plat. 1.3 Purpose.The proponent has submitted a plat for property which is legally described upon the plat. City staff has confirmed the 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. .i 2.2 The property is currently zoned C-2,General Commercial and Business. 2.3 The plat is in the best interests of the public. 2.4 The plat is consistent with the Comprehensive Plan. 2.5 There were no negative comments from the public. 2.6 Mitigation has been required for public access and street improvements. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission makes 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 of approving a plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 Itis properat this time forthe Planning Commission to make a recommendation on this plat. 3.4 It is in the best interests and welfare of the city's citizens to plat the property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. ,,On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the v^Planning Commission of the City of Moses Lake to the CityCouncilof the City of Moses Lake that the plat be approved. 5.FURTHER HEARING BEFORE THE CITY COUNCIL 5.1 Date. A public meeting was held upon proper notice before the Council on February 24, 1998. 5.2 Proponent.Moses Lake Ford is the proponent of this plat. 5.3 Purpose. The proponent has submitted a preliminary platforproperty legally described upon the plat.City staff has confirmed the propertydescribed on the platis the propertysubmitted 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 from various 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 of fact 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 of the City of Moses Lake is vested with the authority to make a decision on a preliminary plat. 7.2 The plat is properly before the Council for its decision. 7.3 It is proper at this time for the City Council to make a decision on this preliminary plat. 8.DECISION. The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission and approves the preliminary plat as follows: The plat is approved with a street width of 44' with curbs on both sides,two 1514'travel lanes,a 13'center turn lane, a 6'sidewalk on the east side of Clover Drive from Highway 17 through the length of the plat,the future allowance for a 10'bike path on the west side of Clover Drive,the f^i variance be granted for sidewalks on the west side,the comments of the City Engineer be addressed. Dated:February 2 ^ Richard H.Pearce,Mayor r) BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF THE MAIERS ) NO. ZC 98-1 ZONE CHANGE ) )FINDINGS OF FACT,CONCLUSIONS, )AND DECISION ) ^J 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public hearing was held upon proper notice before the Commission on January 29,1998. 1.2 Proponent.Maiers Development is the proponent of this zone change. 1.3 Purpose.The proponent has requested a zone change of property legally described as follows from Agriculture to C-2,General Commercial and Business: SE1/4SE1/4SE%and NEttSE'/iSE1/*of Section 26,Township 19 North,Range 28 E.W.M. 1.4 Evidence.The Commission considered the following materials in reaching its decision. A.The application of the proponent for the zone change. B.Lack of comments from the public. 2.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. 'I 2.2 The property is unplatted. 2.3 The zone change is consistent with adjacent zoning. 2.4 The zone change is in the public interest and will benefit the public welfare. 3.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 recommend to the City Council the advisability of the proposed change in zoning. 3.2 The rezone request of the proponent is properly before the Commission forits recommen dation. 3.3 Itis proper at this time forthe 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. 4.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 Cityof Moses Laketo the City Council ofthe Cityof Moses Lakethat *S-/the request for a rezone of this property be granted. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date.A public hearing was held upon proper notice beforethe City Council on February 24,1998. 5.2 Proponent.Maiers Development is the proponent of 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 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 further evidence was presented to the City Council.The City Council 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 It is proper at this time for the 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 Commission and grants the zone change request. Dated:February 24-4998 Richard H.Pearce,Mayor r^