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1997 10 14^J u 5282 MOSES LAKE CITY COUNCIL October 14,1997 Council Present:Daryl Jackson,Wayne Rimple,Ron Covey,Grant Nichols,Bill Reese,Richard Pearce, and Bob Chapman MINUTES:Mr.Chapman moved that the minutes of the September 23 meeting be amended to show that the approval of the September 9 minutes was seconded by Mr.Nichols,seconded by Dr.Covey, and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Nichols, and passed unanimously. Vouchers audited and certified by the Finance Directoras required by RCW42.24.080,and those expense reimbursement claims certified as required by RCW42.24.090,have been recorded on a listingwhich has been made available to the City Council. Claims:The vouchers included on the below list as modified by the Council and noted upon said list for the Council meeting of October 14, 1997 for the funds listed below are approved in the amount of $544,022.56. GENERAL FUND $36,761.96 WATER/SEWER CONSTRUCTION 59,410.05 STREET STREET REPR/RECON STREET IMPROVEMENT PARK &RECREATION IMPROV CENTRAL DRIVE LID WATER/SEWER FUND 1996 BOND REDM FUND Prepaid Claims:Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council have been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $10,076.83 for all funds. GENERAL FUND $355.14 CENTRAL SERVICES 2,762.26 EQUIPMENT LEASES 2,860.00 EQUIP RENAL-OPERATIONS 3,550.43 WATER/SEWER FUND 190.00 BUILD MAINT-OPERATIONS 35.00 SANITATION FUND 35.00 TOTAL $10,076.83 Claims Checks:Checks 13968 through 14101 issued on September 24,1997 were approved for payment at the Council meeting held on October 14,1997 in the total amount of $362,075.24. Payroll:The payroll issued on September 30,1997 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 55051 through 55068 in the amount of $9,098.75. Payroll:The payroll issued on October 3,1997 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 55069 through 55243 in the amount of $221,205.85. I.CITIZEN INPUT -None II.PRESENTATIONS RESOLUTION -ACCEPT DONATION:Aresolution was presented with accepted $5,700 from the Moses /O vb Lake Lions Club to be used at the Grape Drive Ballfields Complex. Bill Gilbert,Moses Lake Lions,presented a check to the city for $5,700,which was raised by the softball *\^J tournament sponsored by the Moses Lake Lions Club.The funds are to be used for the Grape Drive Ballfields. The resolution accepting a cash donation of $5,700 from the Moses Lake Lions Club was read by title only. Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Dr.Covey,and passed unanimously. III.CONSENT AGENDA Accept Work -1996 Street Construction Project:Walker Paving,Inc.has completed the 1996 Street /O// Construction Project.The work should be accepted and the 30-day lien period entered into. 7,974.79 SANITATION FUND 98,072.72 67,570.12 AIRPORT 99.27 101,436.78 SELF-INSURANCE 137.46 30,137.82 CENTRAL SERVICES 14,260.04 20,600.56 EQUIP RENTAL-OPERATIONS 35,077.89 29,064.60 BUILD MAINT-OPERATIONS 27,904.03 12,081.25 M L YOUTH PARTNERSHIP TF 3,433.22 TOTAL $544,022.56 OP in "I 5283 CITY COUNCIL MINUTES:2 October 14,1997 DARE Agreement -Warden:Authorization was requested for the City Manager to execute an agreement with the Warden School District for the provision of the DARE Program. i ^LjU Summer Concert Series -Agreement:Ratification was requested ofthe City Manager's execution ofan agreementwith Burke Marketing Promotions forthe summerentertainment at the Centennial Amphitheater. Resolution -Accept Loan -Sand Dunes Wastewater Treatment Plant: A resolution was presented which accepts a $200,000 loan from the Department of Ecology to be used for the Sand Dunes WWTP Facilities Plan Project and authorizes the City Manager to sign any necessary documents. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Reese,and passed unanimously. IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS Lj ZONING ORDINANCE CHANGE -MANUFACTURED HOMES Barbara Forest requested a change in the zoning regulations in order to allow older manufactured homes to be placed on city lots. Currently the zoning ordinance only allows brand new manufactured homes to be placed on city lots. Ms.Forest stated that the manufactured home is currently at Harvest Manor and is a 1992 model. Joseph K.Gavinski,City Manager,stated that currently the ordinance requires that all manufactured homes placed in the city limits be new. There was considerable discussion by the Council. Action Taken:Mr.Pearce moved that staff rewrite the ordinance with safeguards such as a building inspection and perhaps the permission of the surrounding property owners for the placement of an older manufactured home on property within the city limits,seconded by Dr.Covey. There was additional discussion by the Council on this request. The motion failed with Mr.Pearce,Mr.Nichols, and Dr.Covey in favor and Mr.Chapman,Mr.Rimple,Mr. Reese,and Mr.Jackson opposed. n r\ USE OF CIVIC CENTER PARK -FARMERS MARKET The Chamber ofCommerce,on behalf of the Farmers Market,requested the use ofthe Civic Center Park for the Farmers Market during the summer months. Rob Weber,representing the Farmers Market,stated that they are requesting the use of the Civic Center Park for the weekly Farmers Market. He stated that after the sale of Dogwood Park the Farmers Market first moved to the Grant County Fairgrounds and then to Lions Field.Because the number of vendors has increased,the use of Dogwood Park, now that it once again belongs to the city, is no longer feasible. Karen Wagner,Chamber of Commerce,stated that they are requesting the use of the Civic Center Park forthe Farmers Market each year from mid-June to mid-October from 7 a.m. to 1 p.m.She presented the Council with petitions and letters of support forthe Farmers Market to be located at the Civic Center Park. Alice Parker, Royal City,stated that she has been a vendor for 10 years and is in favor of this location for the Farmers Market. Dean Kastanis,Moses Lake Response Team,pointed out that the Moses Lake Response Team was in favor of this location forthe Farmers Market.He mentioned that many people from outside the Moses Lake area shop at the Farmers Market. Dan Toya, a vendor at the Farmers Market for 8 years,stated that when the Farmers Market was at i* DogwoodParkitwas also a social event and the seniors from Harvest Manor would arrive by bus. They quit coming when it was moved to the Grant County Fairgrounds and then to Lions Field.Ifit is allowed to be conducted at Civic Center Park those seniors may start coming again. Mr.Chapman was in favor of the proposal but was concerned about availability of parking and future growth. Ms. Wagner stated that they have monitored the parking in the library parking lot and around City Hall. She stated that normally there are about 5 cars at the library on Saturday mornings.She stated that an area of the parking lot will be designated for library patrons on Saturday mornings.She mentioned that the Travel Lodge has sent a letter supporting the Farmers Market and granting permission forthe use of their back parking lot. Also,Excell Store has indicated support of this location forthe Farmers Market. u 5284 CITY COUNCIL MINUTES:3 October 14,1997 There was some discussion by the Council. Action Taken:Mr.Pearce moved that the request to use the Civic Center Park for the Farmers Market be approved,seconded by Mr.Reese,and passed unanimously. USE OF CITY STREETS -HALLOWEEN The Moses Lake Business Association requested the closure of Third Avenue from Alder Street to Beech Street on Friday,October 31 from 5 p.m. to 7:30 p.m. fortheir annual "Trick or Treat"event. Mr.Pearce felt that if the request is approved,the time should be changed to 5:30 p.m. to 7:30 p.m. There was some discussion by the Council about possible traffic problems because of the blocked streets. Action Taken:Dr.Covey moved that the request to use Third Avenue from Alder Street to Beech Street on Friday,October 31, from 5:30 p.m. to 7:30 p.m. be granted and that the Police Department use barricades to ensure safety,seconded by Mr.Nichols, and passed unanimously. PARKING The Moses Lake High School requested a 30 minute limited parking zone from 7 a.m.to 4 p.m. along the north side of Sharon Avenue. There was some discussion by the Council. Action Taken:Mr.Reese moved that the request be granted,seconded by Dr.Covey,and passed unanimously. WASTEWATER STUDY The Port of Moses Lake requested the city participate in the engineering study for the Port's wastewater treatment proposal for businesses located in the base area. Al Anderson,Port of Moses Lake,stated that construction on the wastewater treatment plant would begin in 1998,not 1999 as stated in the letter. He mentioned that the county has agreed to pay for 1/3 of the \^J costofthe study and the Port is requesting that the city share in 1/3 ofthe cost.He mentioned that the Port would like someone from the city to serve on a committee to oversee this study to be sure it stays on track and give that person the authority to commit the city to proceed with Task 2. Mr.Jackson stated that ifthe Council approves the funding forthe project, itwill in essence be committing to each task as proposed but that an individual Councilman cannot be given authority to approve a project for the City of Moses Lake. Mr.Anderson stated that the Port has applied to the Washington State Community Trade and Economic Development for assistance with the fees for the study.The Port has not yet been notified of their decision.If funds are received from the state,the city would only be asked to pick up 1/3 of whatever the state does not.The county can also apply to the state for a refund of the sales tax on this project, which will return about $325,000 per year to the county.However,there is no guarantee that those funds would be used to help pay for this project. There was considerable discussion by the Council. Action Taken:Mr.Chapman moved that the city pay for 1/3 of the cost of each task for this project, seconded by Mr.Nichols,and passed unanimously. Mr.Gavinski stated that a contract with the Port will have to be executed. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -BUILDING PERMIT FEES - 2ND READING ,„, An ordinance was presented which amends the Uniform Building Code to allow a waiver of the building permit fees under certain circumstances. The ordinance amending Chapter 16.04 of the Moses Lake Municipal Code entitled "Uniform Building Code"was read by title only. Action Taken:Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. //s*< ///s /OSO joio ll(pte \0tf )l%s 5285 CITY COUNCIL MINUTES: 4 October 14,1997 ORDINANCE -AMEND 1997 BUDGET -2ND READING An ordinance was presented which amends the 1997 budget. The ordinanceamending the 1997 budget for the Cityof Moses Lake,Washington was read by titleonly. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted, seconded by Mr. Reese,and passed unanimously. A(j ORDINANCE -CREATE SPECIAL EXCISE TAX -1ST READING ADOPTED C\ An ordinance was presented which deletes Chapter 3.26 of the Moses Lake Municipal Code and establishes Chapter 3.28 of the Moses Lake Municipal Code which established a 4%motel/hotel tax. The ordinance repealing Chapter 3.26 of the Moses Lake Municipal Code entitled "Special Excise Tax" and creating a new Chapter 3.28 of the Moses Lake Municipal Code entitled "Special Excise Tax"was read by title only. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr. Nichols, and passed unanimously. RESOLUTION -PENINSULA WASTEWATER FORCE MAIN The Peninsula Wastewater Force Main has recently experienced two failures necessitating immediate replacement of the force main.In order to correct the problem before winter weather sets in,there is not time to proceed with the regular bidding process.The City Council is being requested to declare an emergency and waive the competitive bid requirements and also authorize the City Manager to approve a contract immediately upon the quote opening. The resolution declaring the existence of an emergency and dispensing with the statutory competitive bidding requirements was read by title only. Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None C\ VIII.REFERRALS FROM COMMISSIONS HALL ANNEXATION Lowell Hall has submitted a request to annex property located on Stratford Road north of Maple Drive. The area proposed for annexation is designated Residential within the 1981 Moses Lake Comprehensive Plan.This area is within the Moses Lake Interim Urban Growth Area as designated by the Grant County Commissioners on September 16th.The Planning Commission recommended that the Notice of Intent to Annex be accepted. Joseph K. Gavinski, City Manager, pointed out that the Notice of Intent needs to be amended to include intervening property between the existing city limits and the property requested to be annexed. There was some discussion by the Council and it was recommended that the property between the existing city limits and Stratford Road be included in this proposed annexation. Action Taken:Mr.Rimple moved that the Notice of Intent to Annex be tabled,seconded by Dr.Covey, and passed unanimously. HAYDEN ESTATES 3RD ADD.MAJOR PLAT/VARIANCES Phil Bloom,Columbia Northwest Engineering,has submitted a preliminary plat for a 38 lot,9.03 acre major plat.The proposed plat is a continuation of the adjacent Hayden plats.The area is zoned R-1,Single Family Residential.The following variances have also been requested: 1.Variance to lot configuration for Block 1,Lots 3-7;Block 2, Lots 4, 5, and 7; Block 3, Lot 6; and Block 4,Lotsl,3-7,10 and 11. 2. A variance to allow the deferral of the construction of the cul de sac at the end of Cougar Drive for three years with the stipulation that a bond be provided for the improvements. 3.Variance to minimum tangent length for street centerline curves C-1,C-2, C-3,C-4,and C-7. The Planning Commission recommended that the preliminary plat and variances be approved. Action Taken:Mr.Rimple moved that the preliminary plat and variances be approved with the stipulation that the comments from the City Engineer be addressed,and the Findings of Fact be accepted,seconded by Dr.Covey,and passed unanimously n 5286 CITY COUNCIL MINUTES:5 October 14,1997 KILLINGER SHORT PLAT -VARIANCE Phil Bloom, Columbia Northwest Engineering has submitted a request on behalf of Marty Killinger to defer construction of the sidewalks along Willow Street and Lakeside Drive as required by the platting process. There are currently no sidewalks existing in this area.The Planning Commission recommended that the variance request be granted with the stipulation that a covenant run with the land for sidewalk improve ments at a future date. Action Taken:Mr.Chapman moved that the variance to defer sidewalks on Willow Street and Lakeside (j Drive be approved with the stipulation that a covenant run with the land for sidewalk improvements at a ^~^future date,seconded by Mr.Pearce,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION -None X.COUNCIL QUESTIONS AND COMMENTS SSB-5254 -LIABILITY LIMITS //o9 Mr.Chapman had requested that SSB 5254 be broughtto the Council.This legislation deals with liability limits on cities that do not charge a fee for certain recreational activities. Mr.Chapman questioned staff on whether or not the fence installed on the Alder Street Fill could be removed without liability to the city under the recently passed SSB 5254. He pointed out that the fence took away access to a tourist attraction and the best fishing hole in Moses Lake. James A.Whitaker,City Attorney,pointed out that the law would not affect the city's liability in relation to the fence on Alder Street Fill since this area is not a recreational area. Mr.Chapman felt that the area is an advertized recreational facility since it is part of a promoted bike path through the city. He pointed out that the other side of the Alder Street Fill is not protected by a fence. Mr.Whitaker pointed out that bicycle paths are not considered recreational devices unless they leave roadways.While next to the road the bicycle paths are considered part of the transportation system.He mentioned that the side of the Alder Street Fill not protected by the fence is not designated as a bicycle path.Staff was concerned with the congestion on the bike path with bicycles, walkers, and people fishing. Mr.Chapman felt that the city was not being consistent since the other side of the fill is also used by walkers,bicyclers,and fishermen. Mr.Whitaker pointed out that the difference is on one side of the fill there is a designated bike path. TOURISM COMMISSION Council approved the re-appointment of Brenda Teals and Mary Perry to the Tourism Commission and also approved the appointment of Gene Donat to the Tourism Commission. XI.CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT Joseph K.Gavinski,reported that the city received $66,452.25 from investment income in September jOOS 1997. SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,stated that the city received $254,621.39 in sales tax receipts and ^r> $12,110.23 in transient rental income in September 1997./A><?£ LIBRARY DOORS \^J Joseph K.Gavinski,City Manager,stated that the automatic doors for the library are on back order and they will be installed as soon as they arrive. RESOLUTION -ACCEPT GRANT -POLICE DEPARTMENT 1)14The city has been approved to receive a $2,000 traffic safety grant for the purchase of a moving radar. The resolution accepting a grant to the Moses Lake Police Department Traffic Safety Program was read by title only. Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Dr.Covey,and passed unanimously. <j Wf 103 5287 CITY COUNCIL MINUTES: 6 October 14,1997 ()f-BUILDING ACTIVITY REPORT Joseph K.Gavinski, City Manager, distributed the Building Activity Report for September 1997. COMPREHENSIVE PLAN -STEERING COMMITTEE Lori Barlow,Associate Planner, submitted a request to retain Daryl Wilson on the Steering Committee, even though he resides in Cascade Valley which is outside the IUGA boundaries.However, he has attended and actively participated in the Committee meetings. /73 </ It was consensus of the Council that Mr.Wilson remain on the Steering Committee. QUARTERLY FINANCIAL REPORTS Joseph K.Gavinski,City Manager, distributed the third quarter revenue and expense reports. CRESTVIEW DRIVE Joseph K.Gavinski, City Manager,stated that there are 21 settlement problems on Crestview Drive.The contractor's maintenance bond expired 1 year after the city's acceptance of the work. However,there is the possibility of requesting the contractor to cover what may be considered contractual breaches within a 6 year period after execution of the contract. The city is looking to the contractor to repair the problem and the contractor does not seem to be willing to do that. There was some discussion by the Council and it was pointed out that the contractor will not make these repairs voluntarily. Jerry McFaul,City Engineer,stated that the city will not try to correct all the problems before winter. It is the desire of the city to fix the street so that a snow plow can be used and to replace any broken concrete that is a safety hazard.This interim repair would cost approximately $20,000.The defects would then be repaired next year. Grant Nichols had to leave. Action Taken:Mr.Rimple moved that staff be authorized to proceed with the repair of Crestview Drive, seconded by Mr.Pearce,and passed unanimously. BUDGET Joseph K.Gavinski, City Manager,stated that the 1998 budget is nearly ready to be presented to Council and there is a problem due to the increased costs to the Multi-Agency Communications Center.He stated that the fee is $150,000 which is more than double what was paid in 1997.There is also the cost for the police officers that have been hired under federal and state grants,which are now diminishing.There may also be a loss of $108,000 in ISTEA monies.Also the cost for street lights this year was $40,000 and that cost is increasing.He stated that in order to balance the 1998 budget there will be about $300,000 less transferred into street projects from the general fund. There was some discussion by the Council on the increase in the fees paid to the Multi-Agency Communications Center. A study session on the budget was set for Tuesday,November 4 at 7 p.m. in the Council Chambers. He pointed out that if Referendum 47 passes it will limit the mount of money the city will receive from property tax,which could also affect the 1998 budget. The regular meeting was adjourned at 10:10 p.m. 1019 )0/O ATTEST: f\J gjLLLJ Finance Director ' " ^J BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE HAYDEN CAMPUS THIRD ADDITION MAJOR PLAT HAYDEN CAMPUS 3RD ADDITION PRELIMINARY PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date.A public hearing was held upon proper notice beforethe Commission on September 11,1997. 1.2 Proponent. Hayden Enterprises is the proponent of this plat. 1.3 Purpose. The proponent has submitted a plat for property which is legally described upon the plat.Citystaff has confirmedthe property described on the platis the propertysubmitted 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. D.Comments from the public. |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 R-1,Single Family Residential. 2.3 The development is consistent with surrounding uses. 2.5 The layout of the plat provides fora better residential design forreducing the speed of traffic and increases safety within the neighborhood. 2.6 The dust problem will be addressed through the city's existing ordinances. &.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of factthe Commission makes the following conclusions: 3.1 The Planning Commission of the City of Moses Lakeis 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 It is proper atthistime for the Planning Commission tomakea recommendation onthis plat. 3.4 It is in the best interests and welfare of the city'scitizensto 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 ofthe City of Moses Laketo the City Council ofthe City of Moses Lakethat the plat be approved. $.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meeting was held upon proper notice before the Council on October 14, 1997. 5.2 Proponent. Hayden Enterprises is the proponent of this plat. 5.3 Purpose. The proponent has submitted a preliminary platforproperty legally described upon the plat.City staff has confirmedthe property described on the plat is 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 along with the following variances: 8.1 Variances to lot configurations for Block 1, Lots 3 - 7; Block 2, Lots 4, 5,and 7; Block 3, Lot 6;and Block 4,Lots 1, 3 - 7,10 and 11. 8.2 A variance to allow the deferral of the construction of a cul-de-sac at the end of Cougar Drive for three years with the stipulation that a bond be provided for the improvements 8.3 A variance to the minimum tangent length for street centerline curves C-1,C-2, C-3, C-4,and C-7. Dated:October 14,1997 n Daryf Jackson, n r\