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1997 09 235278 MOSES LAKE CITY COUNCIL September 23,1997 Council Present:Daryl Jackson,Wayne Rimple,RonCovey, Grant Nichols,Bill Reese,and Bob Chapman Absent:Richard Pearce MINUTES:Mr.Chapman moved that the minutes of the September 9 meeting be approved as amended, seconded by Mr.Nichols and passed unanimously. Approval of bills,checks,and prepaid claims Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued beapproved,seconded by Mr.Rimple,and passed unanimously. 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 tie Council meeting of September 23, 1997 for the funds listed below are approved in the amount of S267.907.92. GENERAL FUND STREET STREET REPR/RECON EQUIPMENT LEASES (SOB 1992 REDEMPTION (BOB 1993 REDEMPTION STREET IMPROVEMENT CENTRAL DRIVE LID WATER/SEWER FUND 994 BOND FUND $54,480.93 WATER/SEWER CONSTRUCTION 2,367.74 21,966.28 WATER/SEWER LEASES 1,503.12 247.76 SANITATION FUND 23,245.06 16,432.35 AIRPORT 1,483.34 73.48 SELF-INSURANCE 9,757.04 91.15 CENTRAL SERVICES 11,174.94 677.52 EQUIP RENTAL-OPERATIONS 51,334.61 43.15 BUILD MAINT-OPERATIONS 22,665.38 49,069.77 M L YOUTH PARTNERSHIP TF 1,232.25 62.05 TOTAL $267,907.92 ['repaid 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 teen recorded on a listing which has been made available to the City Council.The claims listed below Eire approved in the amount of $94,167.32 for all funds. general fund Central services OTAL $94,163.46 3.86 $94,167.32 Claims Checks:Checks 13688 through 13967 issued on September 9,1997 were approved for payment sit the Council meeting held on September 23,1997 in the total amount of $987,780.06. Payroll:The payroll issued on September 19,1997 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 54809 through 55050 in tie amount of $285,777.23. PROCLAMATION he proclamation declaring October 5-11,1997 as Fire Prevention Week was read in its entirety. I.CITIZEN INPUT -None II.PRESENTATIONS -None II.CONSENT AGENDA Authorization to Accept Loan -Sand Dunes WWTP -DOE:TheDepartment ofEcology has awarded the JJ3A /£OJ? citya $200,000 loan for the Sand Dunes Wastewater Treatment Plant.Authorization should be given to t le City Manager to sign the necessary documents. Eika Chemicals -Wastewater Discharge Permit:Authorization was requested for the City Manager to /O^/ execute the wastewater discharge permit for Eka Chemicals. Havden Campus Third Addition Preliminary Maior Plat -Set Date to Consider:Council should set October //£Lp '4 as the date to consider the Hayden Campus Third Addition Preliminary Major Plat. IUGA-Agreement:Ratification was requested oftheagreementsigned by the city andcounty concerning /0<?s~ tne IUGA. Mr.Chapman stated that,considering what the city had to go through to get the county to establish the IUGA for Moses Lake, he would like to see some time lines established for the development of the joint county and city regulations. JO*0 flU(f 10*' jOl 0 \fi 5279 CITY COUNCIL MINUTES:2 September 23,1997 Joseph K. Gavinski, City Manager, distributed a map depicting the IUGA boundaries the county agreed to at their last meeting.He pointed out that the boundaries have not been formally adopted by resolution or ordinance and the development regulations have not yet been adopted by the county.He stated that the city will shortly present to the county the residential and commercial land use analysis and also a needs analysis.The city will then look at an urban growth boundary and begin negotiations with the county for the inter-local agreements.This work should be completed within one year. Dr.Covey felt that the Eastern Washington Growth Management Hearings Board will be keeping a careful eye on Grant County and probably will not allow either the city or the county to stall the process. Action Taken:Mr.Nichols moved that the Consent Agenda be approved,seconded by Dr.Covey,and passed unanimously. IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS REQUEST TO USE CITY PROPERTY -BURGER KING SIGNS Wells Signs has requested permission to place directional signs on city right-of-way at the new Burger King on Maiers Road. Leon Wells,Wells Signs,stated that the signs are about 4'behind the sidewalk and 3'above grade.The signs are 18" high and 3' long. Joseph K.Gavinski,City Manager,distributed a rendering of the proposed signs. Action Taken:Mr.Chapman moved that the request to use city right-of-way for the placement of directional signs for Burger King on Maiers Road be approved with the stipulation that if there is a sight problem,the signs will be moved,seconded by Mr.Reese,and passed unanimously. PORT OF MOSES LAKE -WATER/SEWER EXTENSION The Port of Moses Lake requested extension of city water and sewer services to a facility at 7988 Andrews Street NE. Gary G.Harer,Municipal Services Director,stated that the city has sufficient water and sewer capacity and the property is within the city's IUGA. Action Taken:Mr.Reese moved that the request to extend city services be granted with the condition that an Extra Territorial Utility Agreement be executed,seconded by Mr.Rimple, and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -ANNEXATION -DNR/JONES -2ND READING An ordinance was presented which provides for the annexation of property owned by the Department of Natural Resources and Crawford Jones located near Kittleson corner and south of I-90. The ordinance annexing certain property to the City of Moses Lake,Washington,and incorporating the same within the corporate limits of the City of Moses Lake, and which provides for the assumption of existing indebtedness was read by title only. Action Taken:Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Dr. Covey,and passed unanimously. ORDINANCE -AMEND 1997 BUDGET -1ST READING An ordinance was presented which amends the 1997 budget. The ordinance amending the 1997 budget for the Cityof Moses Lake, Washington was read by titleonly. Action Taken:Mr.Rimple moved that the first reading of the ordinance be adopted, seconded by Dr. Covey,and passed unanimously. (p ORDINANCE -BUILDING PERMIT FEES -1ST READING An ordinance was presented which amends the Uniform Building Code to allow a waiverof 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:Dr.Covey moved that the first reading of the ordinance be adopted,seconded by Mr. Nichols, and passed unanimously. n o r\ CITY COUNCIL MINUTES:3 VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS BROADWAY BUSINESS PARK NORTH FINAL PLAT 5280 September 23,1997 Phil Bloom,Columbia Northwest Engineering,has submitteda final plat for a 1 lot,19.64acre major plat located off East Broadway.The subdivision will be served with city water and sanitary sewer. The Planning Commission recommended that the final plat be approved. Action Taken:Mr.Chapman moved that the final plat be approved and the findings of factbe accepted, seconded by Mr.Nichols,and passed unanimously. BFS FINAL PLAT Phil Bloom,Columbia Northwest Engineering,has submitted a final plat for a 1 lot,4.19 acre major plat ocated on the southeast comer of the SR-17 and Nelson Road intersection.The subdivision will be served with citywater and sanitary sewer. The Planning Commission recommended that the final platbe approved. ActionTaken:Mr.Chapman moved that the final platbe approved and the findings of fact be accepted, seconded by Mr.Nichols, and passed unanimously. JOHNSON MAJOR PRELIMINARY PLAT Phil Bloom, Columbia Northwest Engineering, has submitted a preliminary plat fora 2 lot major platwhich sncompasses a portion of the Bennett Addition Plat and a tax parcel.The area is zoned C-2,General Commercial and Business, and R-3,Multi-family Residential. The subdivision will be served withcitywater and sanitary sewer.The Planning Commission recommended that the preliminary plat be approved. Action Taken:Mr.Rimple moved that the preliminary plat be approved and the findings of fact be accepted,seconded by Mr.Rimple,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION DAVIS -REQUEST FOR WATER/SEWER SERVICE Elmer Davis has requested water and sewer service for property located along Patton Boulevard at the ntersection of Harris Road. Action Taken:Mr.Chapman moved that this item be removed from the table,seconded by Mr.Nichols, and passed unanimously. Sterling Knudsen,Knudsen Land Surveying,representing this request,stated that Mr.Davis wishes to continue his platting process and also he wants to include the remainder of his property to the east,about :>0 acres. Joseph K.Gavinski,City Manager,stated that the property is within the IUGA and will be adjacent to the city limits when a pending annexation is complete. There was some discussion by the Council concerning the proposed development and annexation requirements. James A.Whitaker,City Attorney,pointed out that since the property will be contiguous to the city's limits, annexation will be required in order for city services to be extended. Mr.Gavinski stated that the Council could grant the request for city water and services at this time and annexation would be triggered when the property becomes contiguous. Mr.Knudsen wanted to know if city or county street standards would be used for this proposed plat. Mr.Gavinski stated that since the preliminary plat has been approved by the county,the county street standards could be utilized. I/lr.Knudsen questioned whether or not the property on the other side of the proposed street could be developed to the same standard, even ifthe property is platted under city regulations. I/lr.Whitaker pointed out that the Council can determine development standards when water and sewer jiervice is extended.He also pointed out that there are different standards in the county for fire flow and fire hydrant spacing. Mr.Knudsen pointed out that the property owner is considering constructing a paved street with curbs, "he onlyvariable then between cityand countystreet standards would be the construction of sidewalks. ActionTaken:Mr.Chapman moved that the request for water and sewer service be granted with the stipulation thatan Extra Territorial Utility Agreementbe executed and all city standards be met, seconded by Mr.Nichols,and passed unanimously. /£?£ //Jb //<Ab //btf \W llW p I'b 5281 CITY COUNCIL MINUTES:4 September 23,1997 DRIVEWAY VARIANCE -PERRAULT David Perrault,1612 Fern Drive,has requested a variance to the Community Standards in order to increase the width of his driveway from the allowed 20' to 30' at 1612 Fern Drive. Mr.Perrault stated that he would like the larger driveway in order to be able to park five vehicles on the lot. Gary H.Harer,Municipal Services Director,stated that staff has no problems with the request. Action Taken:Mr.Nichols moved that the variance request be granted,seconded by Dr.Covey,and passed unanimously. VARIANCE - U.S.WEST U. S.West requested a variance to the requirement to underground services in order to place an aerial cable along Grape Drive to service the new Village Park Mobile Home Park.There is already existing aerial services for this area. Action Taken:Mr.Reese moved that the variance request be granted,seconded by Mr.Nichols,and passed unanimously. X.COUNCIL QUESTIONS AND COMMENTS -None XI.CITY MANAGER REPORTS AND COMMENTSa SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski, City Manager,stated that the city will receive $262,602.60 in sales tax receipts and $13,575.95 in transient rental income for June 1997. >j7 NOTICE TO WATER SYSTEM USES -FLUORIDE LEVELS Joseph K.Gavinski, City Manager,stated that the fluoride levels in the city's water,except for the Larson area,exceed the state levels and a notice must be published in the paper to notify the public. Jjj3 IANK#3 r> Joseph K.Gavinski, City Manager,sated that staff has been considering adding an altitude value to Tank 3, which is located on the base.This addition would require a change order of $25,000 to the contract with R.M.Shearer for the Knolls Vista-Larson Water Main Intertie Project. Action Taken:Mr.Rimple moved that the change order for an altitude value at Tank 3 be approved, seconded by Dr.Covey,and passed unanimously. RESOLUTION -MOTEL/HOTEL TAX -LODGING TAX ADVISORY COMMITTEE Joseph K.Gavinski, City Manager,presented a resolution which would create a Lodging Tax Advisory Committee.Under new state law this committee is required ifthe city wishes to raise its motel/hotel tax. Such a tax could be used to construct a conference center. There was some discussion by the Council. The resolution establishing a Lodging Tax Advisory Committee and appointing members thereto was read by title only. Action Taken: Dr. Covey moved that the resolution be adopted and the following people be appointed to the Committee - TerryJorden,El Rancho Motel;Judy Ferguson, Heritage Executive Suites; KarenWagner, Chamber of Commerce/Tourism Commission;Brenda Teals,BBCC/Columbia Basin Allied Arts/Friends of MAC/Tourism Commission,seconded by Mr.Nichols,and passed unanimously. Mr.Rimple volunteered to chair this committee. GROWTH MANAGEMENT Mr.Jackson stated that he would like to have Dr.Covey continue to work on GMA issues and have Mr. Chapman work with him on land uses and inter-local agreements. The regular meeting was adjourned at 8:20 p.m. Finance Director n n BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE JOHNSON PRELIMINARY PLAT JOHNSON 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 before the Commission on August 28, 1997. 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.Citystaff has confirmedthe property described on the platis 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. 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-3, Multi-family Residential,and C-2,General Commercial and Business. 2.3 This plat will develop previously vacant land. 2.4 The plat is consistent with the Comprehensive Plan. 2.5 The zoning is appropriate. 2.6 The plat is in the best interest of the public. &.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 It is proper atthistime for the Planning Commissionto make a recommendation on this plat. 3.4 Itis inthe 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 Cityof Moses Laketo the CityCouncil of the Cityof Moses Lakethat the plat be approved. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meeting was held upon propernotice before the Council on September 23, 1997. 5.2 Proponent Janet Johnson is the proponent of this plat. 5.3 Purpose. The proponent has submitted a preliminary platforpropertylegally 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.f*) 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. No further evidence was presentedto the City Council.The City Council adoptsthose 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 forthe 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. Dated:September 23,1997 n n BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE BFS FINAL PLAT BFS FINAL PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 11 Date. A public meeting was held upon proper notice before the Commission on September 11,1997. 1.2 Proponent. Basin Feed and Supply is the proponent of this plat. 1.3 Purpose. The proponent has submitted a plat for propertywhich is legally described upon the plat.Citystaff has confirmed the propertydescribed 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. V.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 under a contract zone. 2.4 The proposed use is appropriate in this zone. 2.5 The plat conforms with the Comprehensive Plan. 2.6 Mitigation has been required for future traffic impacts. 2.7 The final plat is essentially the same as the preliminary plat, fc.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. 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. i FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meeting was held upon proper notice before the Council on September 23, 1997. 5.2 Proponent.Basin Feed and Supply 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.fi 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 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. 8.DECISION. The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission and approves the final plat. Dated:September 23,1997 ^n r> u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE BROADWAY BUSINESS PARK NORTH FINAL PLAT BROADWAY BUSINESS PARK NORTH FINAL PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public meeting was held upon proper notice before the Commission on September 11,1997. 1.2 Proponent.Maiers Development Corporation 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 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. 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 There were no negative comments from the public. 2.4 The plat conforms with the Comprehensive Plan. 2.5 The plat is in the public interest. 2.6 The access issue raised by the Department of Transportation has been mitigated. 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. 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. FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meeting was held upon proper notice before the Council on September 23, 1997. 5.2 Proponent.Maiers Development Corporation is the proponent of this plat. 5.3 Purpose. The proponenthas submitted a final plat for property legally described upon the plat.City staff has confirmed the property described on the platis 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 presentedto the City Council.The City Council adoptsthose 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 final plat. 7.2 The plat is properly before the Council for its decision. 7.3 It is proper at 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. Dated:September 23,1997 Daryl M^J§ckson,IvU n