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1998 01 275317 MOSES LAKE CITY COUNCIL January 27,1998 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 January 13 meeting be approved as submitted, seconded by Mr. Nichols,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ^0 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 RCW 42.24.080,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 January 27,1998 for the funds listed below are approved in the amount of $290,739.61. GENERAL FUND STREET EQUIPMENT LEASES GOB 90 PAVER/PARKING LOT 1998 REFUNDING GOB STREET IMPROVEMENT WATER/SEWER FUND 1992 BOND FUND WATER/SEWER CONSTRUCTION 2,115.62 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 $729.32 all funds.U $58,751.38 WATER/SEWER LEASES 1,847.46 21,702.41 SANITATION FUND 7,266.60 18,458.11 AIRPORT 70.00 59.00 SELF-INSURANCE 1,859.00 23.33 CENTRAL SERVICES 16,876.03 52.20 EQUIP RENTAL-OPERATIONS 35,176.23 44,184.30 BUILD MAINT-OPERATIONS 6,254.39 76,001.80 LID #53 41.75 2,115.62 TOTAL $290,739.61 GENERAL $634.76 CENTRAL SERVICES 2.76 WATER/SEWER FUND 21.80 EQUIP RENTAL-OPERATIONS 70.00 TOTAL $729.32 Claims Checks:Checks 14965 through 15098 issued on January 14,1998 were approved for payment at the Council meeting held on January 27, 1998 in the total amount of $168,445.53. Payroll:The payroll issued on January 23, 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 56555 through 56724 in the amount of $275,916.76. I.CITIZEN INPUT -None II.PRESENTATIONS \ Council:Mr.Rimplo pointed out that the Deputy Mayor's position in Moses Lake is important as that person stands in forthe Mayor. He presented Deputy Mayor Ron Covey with a hammer as a symbol of his new office. <oo y Engineering Division:John Christensen was presented with a Land Surveyor-In-Training Certificate./0/c% PORT OF MOSES LAKE Dave Bailey, Port of Moses Lake, pointed out that there is an opportunity for a major expansion of an existing business located inthe industrialarea of the Port.Inorder forthe expansion to take place, natural U gas lines will have to be extended, which will also encourage additional industrial development. There is also a need for municipal services including wastewater treatment.He suggested that the Port, county, and city work together to providea wastewater treatment system forUS KDK and other industries in the Grant County Airport area. Albert Anderson,Port of Moses Lake, outlined the proposed wastewater treatment project and mentioned that the proposal is forthe Port,county, and city each to fund one-third of the cost. Larry Peterson, Portof Moses Lake, pointedout that unless water and wastewater problems are resolved at the Port no additional development can occur. He mentioned that there are about 200 acres in the Wheeler Road Corridor and about 1,000 acres at the Port available for industrial development.He pointed out that natural gas and electricity are being extended to the Port so water and wastewater are the remaining needs for development at the Port.Funding forthe projectwould come from sales tax rebate, US KDK, and the county,city, and Port. /OSD 5318 CITY COUNCIL MINUTES:2 January 27,1998 There was considerable discussion by the Council on the funding for this project. It was the consensus of the Council that staff bring back information on rate increases for commercial accounts which would be needed to fund this project. III.CONSENT AGENDA i/y (f Acceptance ofWork-Peninsula Force Main:The work on the Peninsula Force Main Replacement Project ''has been completed and the work should be accepted and the 30 day lien period entered into. .ip,\0 Resolution -Accept Street &Utility Improvements -Desert Oasis:A resolution was presented which 'accepts the street and utility improvements forthe Desert Oasis Major Plat. .]2Lf Resolution -Accept Street &Utility Improvements -Pioneer Commercial Park:Aresolution was presented 'which accepts the street and utility improvements for the Pioneer Commercial Park Major Plat. A/1%iP Resolution -Checks:Aresolution was presented which authorizes certain employees to sign checks. Action Taken:Dr.Covey moved that the Consent Agenda be approved,seconded by Mr.Blackwell,and passed unanimously. ^ ido IV.CONSIDERATION OF BIDS \j>MUNICIPAL AIRPORT WATER MAIN Staff recommended that the bid for the 1998 Municipal Airport Water Main Project be awarded to Wolf Pack Construction. Action Taken:Mr.Jackson moved that the bid be awarded to Wolf Pack Construction,seconded by Mr. Rimple,and passed unanimously. FIRE TRUCK Staff recommended that the bid and the additives for the 1998 Emergency One Cyclone Tilt Cab, Top Mount 1,500 gpm Pumper Fire Truck be awarded to D3Z,Inc.-f^s Action Taken:Mr.Rimple moved that the bid for the Pumper Fire Truck be awarded to D3Z, Inc., seconded by Mr.Nichols, and passed unanimously. GRAPE DRIVE BALLFIELDS IRRIGATION Staff recommended that the bid forthe 1998 Grape DriveBallfields Irrigation Project be awarded to Desert Rock. Gary G. Harer, Municipal Services Director,stated that a bid was received from Desert Rock,before or after 2 p.m.depending on which clock was used,and after two bids had already been opened on the project.Desert Rock was the low bidder. James A.Whitaker,City Attorney,stated that the Council will need to determine if it was more likely than not that the bid from Desert Rock was received on time. Mr.Callahan,Royal Turf Farms, felt that the bid from Desert Rock should not be considered as it was submitted after 2 p.m. and two bids had already been opened. Dennis Fortune,D.Fortune Co.,mentioned thatthe clock in the room showed 2:03 at the time the bid from Desert Rock was submitted.He felt that the bid should not have been accepted. There was some discussion by the Council. Action Taken:Mr.Jackson moved that the bids forthe 1998 Grape Drive Ballfields Project be rejected /-\ and the project be rebid,seconded by Mr.Chapman, and passed unanimously. V.PETITIONS,COMMUNICATIONS.OR PUBLIC HEARINGS Y G\ARTERIAL BETWEEN HIGHWAY 17 AND DIVISION Phil Bloom,Columbia Northwest Engineering,representing Maiers Development, requested time before the Councilto discuss a proposed arterial between Highway 17 and Division Street northof Kittleson Road and located on the Desertpoint property. He presented a map showing the possible location of the proposed arterial street. Mr.Bloom stated that the Department of Transportation has indicated they would consider another intersection on Highway 17 between PioneerWay and Kittleson Road. The proposed road would be located about half way between Pioneer Way and Kittleson. ^ P' 5319 CITY COUNCIL MINUTES:3 January 27,1998 There was some discussion by the Council. Joseph K.Gavinski, City Manager,suggested that staffdesign different routes foran arterial street through this area and present them to Council at the next meeting. It was the consensus of the Council that additional street designs be presented at the next Council meeting. MOSES LAKE FORD PLAT -STREET IMPROVEMENTS Phil Bloom, Columbia Northwest Engineering,representing Moses Lake Ford requested time before the Council to discuss off-site improvements to Clover Drive.As proposed with the plat, Clover Drive will be improved with a curb to curb width of 40'.Sidewalk will be installed on the east side and a variance has been requested to the requirement to install sidewalk on the west side. The off-site improvements to Clover Drive are proposed to be no improvements from Highway 17 to the end of the existing asphalt as this section of road appears to be within state right-of-way and a future signal will probably require the realignment of the road, from the end of the existing asphalt to the north boundary of the plat the street would be constructed 32*wide with shallow ditches on both sides. Mr.Bloom stated that they are requesting direction from the Council on the off-site improvements for this plat. He stated that the off-site improvements would be to Clover Driveand are proposed to be a 32' wide, class B asphalt,road with shallow ditches on both sides.He mentioned that access will be from Clover Drive. Mike Sharon,Moses Lake Ford,pointed out that they have some interest from adjacent property owners in the proposed improvements to Clover Drive and that the city can require the street to be constructed to city standards at the time the property is platted. There was some discussion and it was the consensus of the Council that the off-site improvements on Clover Drive would begin at the existing gravel and include street improvements to city standards except for sidewalks to the north end of the plat and then include sidewalk on the east side of Clover. u u VI.ORDINANCES AND RESOLUTIONS -None VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS JOHNSON FINAL PLAT Phil Bloom, Columbia Northwest Engineering,has submitted a final plat fora 2 lot major plat located off Crouse Street.There is an existing water line in that portion of Fern Drive that was vacated in 1976.The city neglected to retain an easement for this water line and it has been recommended that a 20 foot wide easement be dedicated on the plat forthat water line.The Planning Commission recommended that the final plat be approved with the stipulation that an easement be required for the existing water main and the comments of the City Engineer be addressed. Action Taken:Mr.Jackson moved that the Johnson Final Plat be approved with the stipulation that an easement be required for the existing water main, the comments of the City Engineer be addressed,and the Findings of Fact be approved,seconded by Dr.Covey,and passed unanimously. LAGUNA WEST 1ST ADDITION FINAL PLAT Phil Bloom,Columbia Northwest Engineering,has submitted a final plat for a 10 lot major plat located off Sage Road and Laguna Drive.The Planning Commission recommended that the final plat be approved with the stipulation that the comments of the City Engineer be addressed. Action Taken:Mr.Jackson moved that the Laguna West 1st Additional Final Plat be approved with the stipulation that the comments of the City Engineer be addressed and the Findings of Fact be accepted, seconded by Mr.Rimple,and passed unanimously. WILSON NON-CONFORMING STRUCTURE Brian and Tamara Wilson have requested a building permit to replace a 120 square foot storage shed with a 180 square foot storage shed located within their 8' interior side yard setback.The Wilson's have owned the property, located at 1667 David, Lot6 of Montlake East #4,since 1974.The area is zoned R-1,Single Family Residential.According to the Wilsons,the original storage shed was in existence for over 20 years. The city has no record of a building permit for the structure and therefore can not determine structure age. The original shed was damaged by the heavy snows in the winter of 1996 and was removed.A replacement storage shed was constructed with the property owner's unaware that a building permit was required. On September 30th,the Building Official issued a notice to correct unsafe or unlawful conditions and instructed them to obtain a building permit. Upon receiving the application for a building permit staff discovered that the shed was located within the sideyard setbacks.The property owner requested a //•?<> /JJL? too/ .<fl* lit* }0« \-b°\ 5320 CITY COUNCIL MINUTES:4 January 27, 1998 variance in order to allow the replacement buildingto remain within the side yard setback.The Municipal Code defines a non-conformingstructure as a structureconformingwith respect to use but non-conforming with respect to height,setback,or coverage.Typically, a non-conforming structure or use was in compliance with a zoning ordinance at the time it was constructed.At the time it was constructed,the Wilson's shed did not comply with the current zoning code.Consequently,this building cannot be considered a legal non-conforming structure. The Municipal Code requires that detached accessory buildingscomply with front and side yard setback requirements. The Planning Commission recommended that the request forthe replacement of a non-conforming structure be granted. Brian Wilson, 1667 David Street, stated that the previous shed was smaller and did not requirea building permit. That shed was destroyed last winter and a new, larger shed was built.The neighbors do not have an objection to the placement of this shed. He pointed out that there is an existing easement along the rear and interior side yard lot lines. Action:Mr.Jackson moved that the building permit be issued for the replacement of this storage shed within the side yard setbacks,seconded by Mr.Nichols,and passed with Mr.Rimple opposed. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION -None X.COUNCIL QUESTIONS AND COMMENTS AIRPORT COMMISSION With Council concurrence,Mr.Pearce reappointed Tom Dent and Darel Fullerto the Airport Commission. BIG BEND ECONOMIC DEVELOPMENT COUNCIL Mr.Rimple stated that he has had to resign from the Big Bend Economic Development Council due to scheduling conflicts and suggested that Mr.Blackwell be appointed in his place. Mr.Blackwell was appointed to represent the Council at the meetings of the Big Bend Economic Development Council. £GROWTH MANAGEMENT Mr.Jackson reported that Representative Joyce Mulliken is introducing a bill to allow counties to opt out of the Growth Management process. Joseph K.Gavinski,City Manager,stated that one hearing has been held on this proposed bill and Gilbert Alvarado,Senior Planner,testified at the hearing.The City of Ephrata also sent a representative to the meeting. The AWC has taken a position in opposition to this bill.Both the City of Ephrata and the City of Moses Lake are opposed to this bill.The Governor's Office has indicated a willingness fora limited opt out but only if the cities in the county also approved of the opt out. He mentioned that Commissioner LeroyAllison testified in favorof the bill on behalf of the county and Helen Fanchertestified in favorofthe bill on behalf of the Association of Washington Counties. Mr.Gavinski stated that the findings the county used to designate the city's IUGA were used at this hearing and he felt that some of those findings are in error and that was pointed out in a letter to Commissioner Allison. XI.CITY MANAGER REPORTS AND COMMENTS AMBULANCE SERVICE Joseph K.Gavinski, City Manager,stated that the ambulance service was discussed at a jointmeeting with the Hospital District where a tentative agreement was agreed upon. He pointed out that the agreement will not be available until the first meeting in February and the city's cooperation with Samaritan Ambulance terminates on January 28. He requested direction from Council on the working relation with Samaritan Hospital. Action Taken:Dr.Covey moved that an agreement with Samaritan Hospital be brought back at the next Council meeting,seconded by Mr.Rimple, and passed with Mr.Jackson and Mr.Chapman opposed. Mr.Gavinski mentioned that under the contract as proposed the city would respond to priority one calls as discussed by the city and the hospital and ifa firefighter is taken out of service that requires a call back a bill will be sent to Samaritan Hospital for $150. Action Taken:Mr.Rimple moved that the current working arrangement with Samaritan Hospital remain in effect until the contract is signed,seconded by Dr.Covey,and passed with Mr.Jackson and Mr. Chapman opposed. n n rs ^J \j ^J 5321 CITY COUNCIL MINUTES:5 January 27,1998 ICE SKATING RINKS -SELF HELP FUNDS Joseph K.Gavinski,City Manager,statedthat for 1998 the Moses Lake Lions Club has requested theself- help funds for the ice skating rink andthe East Lions Club has requested the self-help funds for the Grape Drive Ballfields.At this time the Engineering Division will not be able to provideany assistance on the ice skating rink project dueto existing projects.Ifthe Council wishes to proceed with the ice skating ring,an outside engineering firm would have to be hired.He suggested that the Council may wish to consider awarding the self-help funds tothe East Lions Club for the 1998 yearand committing the self-help funds to the Moses Lake Lions Club for the 1999 year. No action was taken by Council. The Council scheduled a trip to Spokane on February 12 at 8 a.m. to examine ice skating rinks. The regular meeting was recessed at 9:50 p.m.andthe Council met in an executive sessionto discuss personnel matters.The executive meeting was adjourned at 10:30 p.m.and the^regular meeting was reconvened. The regular meeting was adjourned at 10:30 p.m.~~ ATTEST:Mayor Finance Director ^J ^J BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE LAGUNA WEST FIRST ADDITION FINAL PLAT LAGUNA WEST FIRST ADDITION 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 January 15, 1998. 1.2 Proponent.Milo Novotny 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 plat is consistent with the Comprehensive Plan. 2.2 A bond is in place to cover the required asphalt patching. 2.3 The plat is in the public interest. 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 proper at this time for the 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 Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that the plat be approved with the stipulation that the comments of the City Engineer be addressed. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meeting was held upon proper notice before the Council on January 27, 1998. 5.2 Proponent.Milo Novotny is the proponent of this plat. 5.3 Purpose.The proponent has submitted a preliminary plat for property legally described upon the plat. Citystaff 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 from various parties. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. Based upon the evidence presented to them, the Council adopts the previous findings of fact. 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 final 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 final plat. DECISION. The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission and approves the final plat. Dated:January 27,1998 Richard Pearce,Mayor r^ •r> n \J u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE JOHNSON FINAL PLAT JOHNSON FINAL PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION ^J 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date.A public meeting was held upon propernotice before the Commission on January 15, 1998. 1.2 Proponent.Janet Johnson 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 describedonthe 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 BY THE PLANNING COMMISSION. Based upon the evidence presented to them,the Commission makes the following findings of fact: 2.1 The plat is consistent with the Comprehensive Plan. 2.2 The plat is a benefit to the public. 2.3 There were no negative comments. 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 proper at 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 Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that the plat be approved with the stipulation that an easement be required for the existing water main and the comments of the City Engineer be addressed. 5.FURTHER HEARING BEFORE THE CITY COUNCIL 5.1 Date. A public meeting was held upon proper notice before the Council on January 27, 1998. 5.2 Proponent.Janet Johnson is the proponent of this plat. 5.3 Purpose.The proponent has submitted a final plat 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 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 (i 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 final plat. 7.2 The plat is properly before the Council for its decision. 7.3 Itis properat this time forthe City Council to make a decision on this final plat. 8.DECISION. The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission and approves the final plat with the stipulation that an easement be required forthe existing water main. Dated:January 27, 1 Richard Pearce,Mayor r^