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1997 04 225229 MOSES LAKE CITY COUNCIL April 22,1997 Council Present:Daryl Jackson,Bill Reese,Wayne Rimple,Grant Nichols, Richard Pearce,Ron Covey, and Bob Chapman MINUTES: Dr.Covey moved that the minutes of the April 8 meeting be approved as submitted,seconded by Mr.Pearce,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ^j Action Taken:Mr.Pearce moved that thebills,checks,and prepaid claims issued beapproved,seconded by Mr.Nichols,and passed unanimously. Vouchers audited and certified by the Finance Director as required by RCW42.24.080,and those expense reimbursement claims certified as required by RCW 42.24.090,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 April 22,1997 for the funds listed below are approved in the amount of $283,317.55. GENERAL FUND $57,369.26 STATE WATER POL D/S 40,602.09 STREET 21,575.09 SANITATION FUND 647.33 STREET REPAIR/RECON 36.16 AIRPORT 8.00 EQUIPMENT LEASES 15,611.85 SELF-INSURANCE 2,903.81 CAPITAL 1,316.17 CENTRAL SERVICES 8,405.95 STREET IMPROVEMENT 36.16 EQUIP RENTAL-OPERATIONS 29,110.87 PARK &REC IMPROVEMENT 9,637.86 BUILD MAINT-OPERATIONS 64,267.01 WATER/SEWER FUND 26,274.09 FIREMANS PENSION 26.00 WATER/SEWER CONSTRUCTION 2,492.80 M. L YPTF 1,757.88 WATER/SEWER LEASES 1,239.17 TOTAL $283,317.55 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 $106,817.73 for all funds. GENERAL FUND $86.51 SELF-INSURANCE 105,701.00 STREET 924.76 CENTRAL SERVICES 87.70 WATER/SEWER FUND 17.76 TOTAL $106,817.73 Checks:Checks 12070 through 12348 issued on April 9,1997 were approved for payment at the Council meeting held on April22, 1997 in the total amount of $693,852.59. Payroll:The payroll issued on April 18, 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 51991 through 52169 in the amount of $271,060.92. I.CITIZEN INPUT -None II.PRESENTATIONS Police Department:Jeff Sursely,Police Officer,was presented to the Council. III.CONSENT AGENDA Authorization to Execute -Fireworks Display Contract:Authorization was requested for the City Manager /D^S* to execute the agreement with Western International Fireworks of Canby, Oregon for the 4th of July fireworks display. Authorization to Execute -Humane Societv/SPCA Contract:Authorization was requested for the City /0<P 3 \^J Manager to execute the agreement with the Humane Society for the increase in payment. Broadway Business Park South Preliminary Plat -Set Date to Consider:The Council should set May 13 //^?& as the date to consider the Broadway Business Park South Preliminary Plat. Grape Drive Baseball Fields Preliminary Plat -Set Date to Consider:The Council should set May 13 as //^>& the date to consider the Grape Drive Baseball Fields Preliminary Plat. Action Taken:Dr.Covey moved that the Consent Agenda be approved,seconded by Mr.Reese,and passed unanimously. )D/1 llM joZb jOl^> F 5230 CITYCOUNCIL MINUTES:2 April 22,1997 IV.CONSIDERATION OF BIDS TRACTOR Staff recommended that the bid for the Parks Department Compact Tractor be awarded to Evergreen Implement. Action Taken:Mr.Pearce moved that the bid for the Parks Department Compact Tractor be awarded to Evergreen Implement,seconded by Mr. Nichols,and passed unanimously. V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS COMMUNICATION -PUD The PUD requested time before the Council to discuss the dam relicensing process. Christine Stallard,PUD, informed the Council that the PUD is applying for relicensing of Priest Rapids and Wanapum dams. The original license, which was for 50 years, expires in October 2005. Relicensing is a 10 year process. COMMUNICATION -GULF INDUSTRIES/NEWTON'S CAR CORNER -SIGN Richard Cech,Gulf Industries,representing Newton's Car Corner, is proposing to place a sign within the city's right-of-way at Five Corners. Mr.Cech stated that the existing sign is currently in city right-of-way and they are requesting the use of the existing sign poles. Gary Harer,Municipal Services Director,stated that the poles incity right-of-way have been there for many years and Mr.Newton has attached a sign to them. The city has no record of a sign permit being issued in this area. There was some discussion by the Council. It was pointed out that the applicant should apply for a sign permit and request to use city right-of-way. Mr.Pearce stated that he would be opposed to allowing them to place a sign on city right-of-way.<) Joseph K.Gavinski, City Manager,stated that, ifdesired by Council,staff can research the property as it appears some of the cars are being parked on city right-of-way. Action Taken:Mr.Pearce moved that the request to build on city right-of-way be denied,seconded by Dr. Covey,and passed unanimously. COMMUNICATION -MCKEAN -LOT EASEMENTS Jeromy and Rosario McKean requested time before the Council to discuss the issue of two lots located at the intersectionofGrape Drive and GaryStreet. Dueto the easements on Lot11,itis difficult to place a manufactured home and garage on one lot.The request is to place the home on one lotand the garage on the other lot. Jeromy McKean,7656 Stonecrest Road NE,stated that the only access to Lot 11 is from the alley.He stated that he is inthe process of purchasing Lot12 which has a curb cut from Gary Street inthe center of the lot and they would like to construct a garage on this lot.There is an easement between the two lots and itwill cost about $1,500 to replatand combine the two lots.He pointed out that rerouting the storm drain and removing the easement would be the preferable solution. Joseph K.Gavinski,City Manager,pointed outthat city ordinances prohibit constructing just a garage on a single family lot.There are twooptions - replat the two lots intoone or change the ordinances to allow the building of a garage on a single family lot. There was some discussion by the Council and staff was directed to work with Mr.McKean on the option (^ of reroutingthe storm drain and vacating the easement. '£REQUEST TO USE CITY PROPERTY -MOSES LAKE FORD Moses Lake Ford requested the use ofthe newfire stationfora new vehicle sale in conjunction with the grand opening ofthe Fire Station.The sale will provide fundsto purchase rescue equipment. Bill Steeley,Moses Lake Ford,statedthat they would like to use thearea ofthe city's new headquarters fire station for a new vehicle sale. Dr.Covey was concernedthat the event would take place on city property which could set a precedent for future requests of this type. s n 5231 CITY COUNCIL MINUTES:3 April 22, 1997 Mr.Pearce was also concerned but suggested that if the event were to be tied to funds being raised to benefit some city department the Council may be able to justify it. Joseph K.Gavinski, City Manager,stated that staff is not reallyin favorof allowing the event on the same day as the dedication of the new fire station.One of the concerns is the amount of traffic that could be generated and also the fact that the sale may take away from the dedication of the fire station itself. Mr.Steeley stated that they would not want to have iton the same day as the dedication of the fire station but would like to tie it to that event and have other businesses look at it as a way to also help the i j community. There was some discussion by the Council. Action Taken:Mr.Pearce moved that the request to use city property be denied,seconded by Mr. Nichols, and passed with Mr.Chapman and Mr.Rimple opposed. COMMUNICATION -SISTER CITY A letter from Paul Hirai,Moses LakeSister City Committee,was previously distributed to Council andthey are seeking new members. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -VACATE CENTRAL DRIVE AND LEE STREET -2ND READING An ordinance was presented which provides for the vacation of a portion of Central Drive and Lee Street to clean up the right-of-way that is no longer needed by the city. The ordinance vacating a portion of Central Drive and Lee Street was read by title only. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr. Rimple,and passed unanimously. ORDINANCE -PARKING REGULATIONS -2ND READING /027 \^J An ordinance was presented which provides for two handicapped parking spaces on Gumwood. The ordinance amending Moses Lake Municipal Code Section 10.12.060(C)of Chapter 10.12 entitled "Parking Regulations"was read by title only. Action Taken:Mr.Nichols moved that the second reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously.* VII.REQUESTS TO CALL FOR BIDS UTILITY BOX AND CRANE VJ Staff requested authorization to call for bids for a utility box and crane to be attached to the Water Division's new 1 ton cab and chassis maintenance truck. Action Taken:Mr.Pearce moved that staff be authorized to call for bids,seconded by Mr. Nichols, and passed unanimously. WATER LINE PUSH PROJECT Staff requested authorization to call for bids for installing a carrier pipe under Highway 17 at Grape Drive for the intertie between the Larson Zone and Knolls Vista Zone. Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Dr.Covey,and passed unanimously.* VIII.REFERRALS FROM COMMISSIONS MARINA SHORES PURD FINAL PLAT/EASEMENTS Todd Moore,Basin Surveying,has submitted a final plat for a 44 lot planned unit residential development to be located off of Marina Drive.The PURD will encompass single family detached structures. Gary Harer,Municipal Services Director,stated that the engineering comments will have to be addressed on the final plat, but they are minor.The utilities have been installed to city standards but a punch list still needs to be provided to the developer. J&Of /0/7 /0/7 /fob JttU 5232 CITY COUNCIL MINUTES: 4 April 22,1997 Mr.Moore stated that the city had combined the easement on the north side of Lot 14 and the 10' easement for foot traffic for the public on the westerly 10*of Lot 1 of Moulton Landing. By combining the easements they are both considered perpetual easements for municipal purposes which means they can be used for any city purpose.The easement on the westerly 10'of Lot 1 of Moulton Landing needs be clarified so that it is only for public access,by foot, to the city's property. Joseph K. Gavinski, City Manager, pointed out that the resolution is only to accept the easement.The language in the easement is what would be binding on the parties. There was some discussion by the Council and it was the intent that the easement on the westerly 10'of f*^ Lot 1 of Moulton Landing would be for pedestrian access only. The resolution accepting an easement to the City of Moses Lake Kim Hemphill,Marina Shores was read by title only. Action Taken:Mr.Chapman moved that the resolution be amended to include "for pedestrian purposes" after "and"under "Resolved",seconded by Mr. Rimple, and passed unanimously. Mr. Moore stated that after meeting with staff there are three items that need to be resolved.Staff is interpreting the 25'buffer strip to be left in its natural state to mean 25'back from the shoreline.The intent was to leave the shoreline in its natural state but the rest of the 25'buffer area would be land scaped.Clarification from Council was requested.He pointed out that there is a definite change in the elevation of Lots 1 through 10 adjacent to the shoreline. Gary Harer,Municipal Services Director,stated on many shoreline lots there is to be no disturbance of the 25'buffer area. Dr.Covey pointed out that the Planning Commission usually requests a 25'buffer zone which is to be left in its natural state. Mr.Moore stated that they would like to amend that condition to allow landscaping. There would be no attempt to remove cattails at the shoreline or in the wetland area. He pointed out that the wetland area is about 1' wide and then the topography raises about V and there is cobble,sagebrush and weeds. There was some discussion by the Council and it was determined that the proponent should request an amendment of the requirement for a 25'buffer area on Lots 1-10. Mr.Moore stated that clarification is requested to provide that when the city repairs the water and sewer lines that the streets would be repaired, including any needed asphalt. Jim Whitaker,City Attorney,stated that in the October 8 minutes it was specifically mentioned that any street repairs required due to work on the city's water and sewer lines would be the responsibility of the owner's association. Mr.Moore also requested that the improvements that have been installed be accepted by the city. He stated that a punch list was requested on April 11 but has not yet been received by the developer.Staff has identified some items that would be on the punch list and the developer has corrected them but no formal punch list has yet been received. Mr.Harerpointed out that a resolution is required to accept utilities.He stated that notices were sent to the Water and Sewer Departments,which were given to April 18 to return comments.Those comments have not yet been received by Engineering. Mr.Moore stated that the additional time that will be required to file the plat because the utilities have not been accepted creates a hardship for the developer. There was some discussion by the Council. Mr.Harer pointed out that a performance bond could be submitted to cover the cost of any required improvements. Jim Campbell stated that his family has lived in the Moses Lake for five generations. He stated that he feels that Marina Shores will be a great area to live in and he is planning a home there. It is a unique area. Don Hart,a residentof Moses Lakesince 1949,stated that he is retired and has a large home on the golf course.He is in the process of having a house built in Marina Shores because ofthe smaller lots and the fact that it is a gated community. Action Taken:Mr.Chapman moved that the final plat be approved provided a performance bond is submitted for completion of the improvements, and the Findings of Fact be accepted,seconded by Mr. Rimple, and passed unanimously. r\ r\ u Kj 5233 CITY COUNCIL MINUTES:5 April22, 1997 IX.OTHER ITEMS FOR COUNCIL CONSIDERATION HEADQUARTERS FIRE STATION -MULTI-PURPOSE ROOM The proposed regulations governing the use of the Fire Department Multi-Purpose Rooms were presented to Council as well as an application for the use of the rooms. Action Taken:Mr.Rimple moved that the regulations and the application be approved,seconded by Mr. Nichols, and passed unanimously. WATER/SEWER CAPACITIES The Port of Moses Lake requested information on the availability of water and wastewater discharge capacities for industrial growth in Moses Lake. Joseph K.Gavinski,City Manager,explained the discharge figures to the Council.The material was presented to the Council for information purposes only. It was the consensus of the Council that capacity at the wastewater treatment plants be discussed with the Port of Moses Lake. ANNEXATION -DEPT.OF NATURAL RESOURCES The Department of Natural Resources has submitted a Notice of Intent to Annex 93 acres of property located south of I-90 Lori Fox,representing the Department of Natural Resources,stated that it is the intent of the Department to place a long-term commercial business in this area.There is a need for city water and sewer services for any development. Action Taken:Dr.Covey moved that the Notice of Intent to Annex be receipted and that it be forwarded to the Planning Commission for a recommendation on whether to accept or reject the request,seconded by Mr.Rimple, and passed unanimously. X.COUNCIL QUESTIONS AND COMMENTS HOLIDAY LIGHTING Mr.Jackson asked about the status of the Holiday Lighting Program. Jerry Thaut,Parks and Recreation Director,stated that additional planning will be taking place and they will be coming back to the Council with another plan. GRANT TRANSIT AUTHORITY Mr.Nichols stated that the Grant Transit Authority is in the process of hiring an administrator, which will be done through an assessment center format. GROWTH MANAGEMENT ACT Mr.Chapman pointed out that at a GMA meeting held by the county,the City of Ephrata apparently requested a moratorium on building around Ephrata.He stated that several people have mentioned that the request has somehow been expanded to the City of Moses Lake requesting a moratorium on all building permits in the county and within the City of Moses Lake. He pointed out that this type of misinformation is a result of Grant County not stating what the meetings are really about. He pointed out that the City of Moses Lake has not requested a moratorium on building permits. MUNICIPAL AIRPORT //3? /fob /D^<P //*9 /d<&- /Ddtp Mr.Pearce stated that 25 people showed up at the Municipal Airportthis weekend to help clean up the \^J area and it really looks good. XI.CITY MANAGER REPORTS AND COMMENTS PUBLIC HEARING NOTIFICATION Information was presented on the city's notification procedures for public hearings./D&Y Joseph K.Gavinski,City Manager,stated that the Council had requested to discuss the city's current notification procedures.He stated that previously the city would send noticesto property owners within 300' of a proposal and many of them had no particular interest inthe project.Upon reviewof state law and city ordinances,the ordinance dealing with public hearing notification was amended. There was some discussion by the Council and it was the consensus that an ordinance be drafted to provide for notification within 150'of a proposal. )Q03 5234 CITY COUNCIL MINUTES: 6 April 22,1997 INVESTMENT REPORT Joseph K.Gavinski,City Manager,stated that the city received $44,720 from investment income forMarch 1997. 1131*QUARTERLY FINANCIAL REPORT Joseph K. Gavinski, City Manager, distributed the first quarter revenue and expenditure reports. (j TEMPORARY BUILDINGS -WATER/SEWER HOOKUPS {^) Joseph K.Gavinski, City Manager,stated that the city is attempting to deal with the increasing number of espresso stands as they relate to placement and water and sewer service. The city's ordinance states that each independently owned business must be hooked up to city water and sewer - not tapped into another business's services.At the present time there are two espresso stands coming into Moses Lake that will be anchored to the ground.The question is whether or not those espresso stands should be required to hook to city water and sewer or whether they can be allowed to obtain water from the businesses where they are leasing a small space. Jennifer Carlile,9822 H.4 NE, Toot and Scoot Espresso,stated that they have measured the water they use in their espresso stand and it is less than 8 gallons per day.They do not need to hook to sewer as they use the facilities at the adjacent Exxon Station. To hook to city water and sewer would be cost prohibitive. Bill Achurra,Espresso de Cafe', located at Lake Bowl,stated that the requirement to hook to city sewer would be cost prohibitive. There was some discussion by the Council. Jim Whitaker, City Attorney,stated that other cities have dealt with this problem by requiring an auxiliary use to be signed off by the property owner who also has a business license. In essence the property owner becomes responsible for what goes on at the temporary use and the temporary use is allowed to tap into the property owners water and sewer services. \\ti r\ 0 Itwas Council's direction that an ordinance be drafted to implement the suggestion of the City Attorney on the problem. 0 BUILDING PERMIT PROCESS REPORT Joseph K.Gavinski, City Manager, distributed a draft handout of the building permit process forCouncil's information. TRAFFIC EMPHASIS Joseph K. Gavinski, City Manager, distributed a report on the traffic emphasis that took placed in the downtown area. Fred Haynes,PoliceChief, stated that each month there will be a trafficemphasis patrol ina different area of the city. This emphasis patrol will include the city Police Officers,State Police Officers, and reserves. \H )Dol NORTHLAND CABLE Joseph K.Gavinski,City Manager,distributed information on the rate regulations for cable companies. According to the regulations,the citycan control basic rates butonly within the guidelines set forth bythe FCC.The FCC sets an amount per channel that a cable company can charge.Northland Cable is allowedto charge up to $1.24 perchannel and at the present time they only charge $.88. The tier rates are covered by the FCC unless the cable company is determined to be a small system,which Northland is.There is no rate regulation for small systems. The regular meeting was recessed at 10:15 p.m. and the Council met in an executive session to discuss ft labor relations.The executive session was adjourned at 11 p.m.andthe regular meetingwas reconvened. The regular meeting was recessed at 11 p.m. ATTEST: U U \J BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE MARINA SHORES FINAL PLAT MARINA SHORES FINAL PLAT 2. 3. 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 April 10, 1997. 1.2 1.3 1.4 Proponent. Kim Hemphill is the proponent of this plat. 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 platis the property submitted for platting. 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. 2.3 Adequate provision has been made for access to the city's property. 2.4 The plat is in the best interests of the public. CONCLUSIONS BY THE PLANNING COMMISSION. Fromthe 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 Itis in the best interests and welfare of the city's citizens to platthe 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 final 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 April 22,1997. 5.2 Proponent.Kim Hemphill is the proponent of this plat. 5.3 Purpose. The proponent has submitted a final 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. 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. FURTHER CONCLUSIONS BY THE CITY COUNCIL. From the foregoing findings of factthe Council makes the following conclusions: 7.1 The City Council ofthe 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 atthistime for the City Council to makea decision on this final plat. 7.4 That a 10'foot traffic public access be provided to the city's property located north of the proposed plat through the portion of Tract B,Government Lot 5 in Section 22,Township 19 North,Range28 East,WM.adjoining the easternedge ofthe proposed plat andacrossthe northeast corner of proposed Lot 27 bya permanent easement with the developer to fence one side of the access and the city to fence the other. 7.5 That a permanent easement be granted to the city to permit city vehicular traffic to travel along the internal streets of the plat and along a 20'wide parcel adjoining the westerly boundary of the proposed plat sufficient to permit vehicular access to the city's property to the north of the proposed plat. 7.6 A 25'buffer area shall be maintained on the shoreline which shall be left in its natural state. 7.7 A designated walkway and sidewalk constructed percommunity standards along one side of all internal streets shall be provided. 7.8 Streets will be private and will be constructed per community standards to a 30' width. Those streets to be maintained and repaired by the owner's association. 8.DECISION. n The City Council of the City of Moses Lake approves the final plat with the stipulation that a performance bond be submitted forcompletion of the improvements. Dated: April 22,1997 s*\ r\