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1996 09 24o 5161 MOSES LAKE CITY COUNCIL September 24,1996 Council Present:Daryl Jackson,Ron Covey,Wayne Rimple,Grant Nichols, Bob Chapman,Bill Reese, and Richard Pearce MINUTES:Dr.Covey moved that the minutes of the August 27 meeting be approved as submitted, seconded by Mr.Pearce,and passed unanimously. Mr.Pearce moved that the minutes of the September 10 meeting be approved as submitted,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 be approved,seconded by Dr.Covey,andpassed with Mr.Rimple abstaining from voting for that portion ofthe bills toMoses Lake Steel Supply and Faber Industrial Supply. Vouchers audited and certifiedbythe Finance Director as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090,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 September 24,1996 for the funds listed beloware approved in the amountof $249,779.39. GENERAL FUND PATHS &TRAILS STREET STREET REPAIR/RECON EQUIPMENT LEASES STREET IMPROVEMENT PARK &REC.IMPROVEMENT CENTRAL DRIVE LID WATER/SEWER FUND ^-^Prepaid Claims:Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 andthe internal control policy approved bythe City Council have been recorded ona listing which has been made available to the City Council.The claims listed below are approved inthe amountof $566,600.14 for all funds. GENERAL FUND $ 8,095.00 WATER/SEWER CONSTRUCTION 31,972.07 STREET 61,010.54 BUILD MAI NT-OPERATIONS 227,886.66 STREET IMPROVEMENT 186,551.78 LID #56 2,032.23 PARK&REC.IMPROVEMENT 48,191.18 TOTAL $566,600.14 WATER/SEWER FUND 860.68 Checks:Checks 10099 through 10268 issued on September 11,1996were approved for payment atthe Council meeting held on September 24,1996 in the total amount of $321,696.22. Payroll:The payroll issued on September 24,1996 having been approved pursuant tothe rule ofthe City Council set forth in Moses Lake Municipal Code 3.42.040,was paid bychecks 96957 through 97182 in the amount of $271,631.34. I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS Police Department:Sharon Hopperstad and Antonette Ponozzo,Police Clerks,were presented toCouncil. III.CONSENT AGENDA Lacuna West1stAdd.Pre.Plat - Set Date to Consider:October 8wasset as the date to consider the /^?u i)Laguna West 1st Add.Preliminary Plat. Marina Shores PURD Pre.Plat -Set Date to Consider:October 8was set as the date to consider the //<$<* Marina Shores PURD Pre. Plat. Firing Range -Annexation:ANotice of Intent to Commence Annexation Proceedings and aPetition for /0z/- Annexation with regard to the city's firing range was received and referred to the Planning Commission for a recommendation on the annexation. $22,885.01 WATER/SEWER CONSTRUCTION 312.82 181.13 WATER/SEWER LEASES 1,347.48 24,847.06 SANITATION FUND -3.84 47.30 AIRPORT 4,516.62 16,048.07 CENTRAL SERVICES 13,611.50 30,616.13 EQUIP RENTAL-OPERATIONS 34,184.27 15,378.55 BUILD MAINT-OPERATIONS 13,798.12 848.13 FIREMANS PENSION 72.05 312.82 M. L.YPTF 641.06 TOTAL $249,629.39 Towing -Contract:The City Manager requested ratification of his signing of the Towing Services /// Agreement with Moses Lake Towing. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Nichols,and passed unanimously. a pi /o*9 Itf9 5162 CITY COUNCIL MINUTES:2 September 24,1996 IV.CONSIDERATION OF BIDS WASTEWATER FLUSH TRUCK Staff recommended that the bid for the wastewater flush truck be awarded to Northland Truck. Action Taken:Mr.Reese moved that the bid for the wastewater flush truck be awarded to Northland Truck,seconded by Dr.Covey,and passed unanimously. V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS O PRE-TREATMENT PROGRAMS Joseph K.Gavinski,City Manager,stated that there has been discussion about the city being approved for a pre-treatment program.In order to answer the questions that have arisen about such a program, it was decided to have the Department of Ecology present information on a pre-treatment program and what is involved. Ken Merrill,Department of Ecology,gave a presentation on wastewater pre-treatment programs.The advantages,liabilities,time involved in getting a program approved,and the involvement of the DOE in such a program was discussed. There was considerable discussion concerning the issue but no action was taken. |$V^OBIE MEDIA -SIGN APPEAL)C7° Obie Media Corporation appealed the Planning Commission determination which affirmed the Zoning Administrator's Notice of Violation for a billboard sign located at 1925 W.Broadway and owned by Harley Brotherton.The sign was moved to a different location on the property owned by Mr.Brotherton. Joseph K.Gavinski,City Manager,stated that the sign was moved to accommodate construction on Mr. Brotherton's property. A notice of violation was issued and an appeal was taken to the Planning Commission.The Planning Commission determined that the sign was moved and relocated.The determination of the Planning Commission was appealed to the Council. Action Taken:Mr.Pearce moved that the decision of the Planning Commission be affirmed,seconded by Dr.Covey,and passed unanimously. BASEBALL Randy Boruff, President, Columbia Basin Youth Baseball,requested the assistance of the city in bidding for the 1999 Senior Babe Ruth World Series.The cost to bring this event to Moses Lake would be $40,000 spread out over four installments which the City of Moses Lake would have to guarantee.It is planned to sell 8 corporate sponsorships of $5,000 each and advance ticket sales should bring in $15,000. This would bring in $65,000 and the city would never have to come up with any of the money. Mr.Boruff explained the project for the Council. After some discussion it was the consensus of the Council that staff look into the legality of the city using funds in this manner. /V/5 ORDINANCE -FIXING 1997 TAXATION -PUBLIC HEARING/2ND READINGpl0' An ordinance was presented which fixes the estimated amount to be received from municipal purposes from assessed valuations on property within the City of Moses Lake. The public hearing was opened.There were no comments. Action Taken:Dr.Covey moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. The ordinance fixing the estimated amount to be received from municipal purposes from taxations on assessed valuations on property within the City of Moses Lake, Washington for 1997 was read by title only. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted, seconded by Mr. Nichols, and passed unanimously. o n 5163 CITY COUNCIL MINUTES:3 September 24, 1996 VI.ORDINANCES AND RESOLUTIONS ORDINANCE -COMMERCIAL STREET VACATION -2ND READING An ordinance was presented which vacates a portion of Commercial Street located behind Les Schwab Tires Short Plat.The vacation of the street would landlock two parcels of property, but since they are owned by the company requesting the vacation, it should not create any problems.The Planning Commission recommended that the vacation be approved. \s Joseph K. Gavinski, City Manager,stated that staff has discovered that the property was conveyed to the city by a deed rather than being dedicated on a plat. The ordinance vacating a portion of Commercial Avenue was read by title only. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. ORDINANCE -FIRE HYDRANTS -1ST READING An ordinance was presented which increases the maximum distance from buildings to fire hydrants in commercial areas to 250'and 400'in residential areas,while not changing hydrant spacing on streets. Dave Helms, Fire Chief,explained the changes to the Council. The ordinance amending Chapter 16.48 of the Moses Lake Municipal Code entitled "Fire Hydrants"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. ORDINANCE -MANUFACTURED HOME PARKS -SETBACKS -1ST READING An ordinance was presented which clarifies the separation standards within manufactured home parks to allow nonhabitable additions to manufactured homes to be within 6'of adjacent manufactured homes. '^y There was some discussion by the Council on the proposed separation standards. The ordinance amending Chapter 18.65 of the Moses Lake Municipal Code entitled "Manufactured Home Parks"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. ORDINANCES -BUILDING HEIGHTS -1ST READINGS Ordinances were presented which increase the height limitations in residential areas from 30' to 35'. Mr.Pearce pointedoutthat raising the height limitations will resultinobstructionofviews and an ordinance amendment will affect all residential construction in the affected zones,not just Dr. Earl's home.He felt that additional study would be helpful. Dr.Earl pointed out that height limits are measured from different points in the various cities but his proposed home could be built in every city in the State of Washington.He pointed outthat 75%ofthe homes in the architectural books are over 30' in height. Jack St.Marie,builder,stated that the information provided by staff includes some incorrect assumptions. He again pointed outthat the home could be built anywhere in thestateexceptthe City of Moses Lake. u Therewas some discussion bythe Council on the building height issue and itwas felt thatthe Planning Commission should review the matter. Action Taken:Dr.Covey movedthatthe building height issue be referred to the Planning Commission for review,seconded by Mr.Chapman, and passed with Mr.Reese opposed. VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS ORDINANCE -SAMARITAN HOSPITAL ZONE CHANGE -1ST READING Grant County Hospital District #1 has requested a zone change from R-2,Single Family and Duplex,to R-3,Multi-family Residential,for property north of Plum Street and described as Tax #4193.The zone change is sought in order to facilitate the future construction of medical facilities on the property.The Planning Commission recommended that the zone change request be approved with the stipulation that the Hospital District submit a letter of intent stating that the property will be used for medical facilities or a rezone back to R-2 will be requested. /0f7 /o3& /&6 >os/ //9o )]& '0 5164 CITY COUNCIL MINUTES: 4 September 24,1996 The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. Action Taken:Mr. Rimple moved that the first reading of the ordinance be adopted,the findings of fact be accepted,and a public hearing be set for October 8,seconded by Dr.Covey,and passed unanimously. HAYDEN CAMPUS 1ST ADD.PRELIMINARY MAJOR PLAT Phil Bloom,Columbia Northwest Engineering,has submitted a 23 lot major plat within the R-1 zone located south ofNelson Road.Variances have been requested from the lot design standards and the requirement ^_ to improve Nelson Road to city standards.Grant County is requiring the developer to reconstruct Nelson f) Road 36'wide with a double shot BST surface.The Planning Commission recommended thatthe variance on the lot design standards be granted,that the variance request to defer curb,gutter,and sidewalk improvements on the south side of Nelson Road be granted with the stipulation that a covenant or alternative method of insuring the improvements to Nelson Road in the future be required,and that the preliminary plat be approved. Gary Harer, Municipal Services Director,pointed out that the attempt to annex Nelson Road failed and so a franchise was required to place city utilities in county right-of-way.The county required the developer to install a 36'double shot BST road. Dr.Covey pointed out that if curbs,gutters,and sidewalks were to be constructed they would be on county right-of-way sowhy would a variance from the city be required.He was also concerned about a safe place for pedestrians along Nelson Road. Mr.Harer pointed out they are considered off-site improvements and a covenant should be required for those improvements at a future time. Joseph K.Gavinski, City Manager,pointed out that it was suggested to the county that the county take over the portion of Nelson Road currently in the city so that the entirety of Nelson Road would be under one jurisdiction.It appears the county is amenable to that solution. Mr. Bloom explained the project to the Council. He pointed out that the 36' road width provides for a 6' bike path/walkway outside the fog line. Nelson Road has been designed so that it can be brought up to city standards in the future. The design grade provides for the construction of curbs,gutters,and sidewalks in the future. Mr.Jackson pointed out that since Nelson Road is in the county, the improvements to Nelson Road will be the responsibility of the county. Karen Edwards suggested that a bicycle path be placed on the East Columbia Basin Irrigation property rather than adjacent to Nelson Road. Itwas pointed out that the city has no jurisdiction along Nelson Road and that the County Commissioners should be contacted about the problem. Mike O'Konek, 2225 Admiral Road,suggested that the developers install a bicycle path on the south side of Nelson Road since they saved money on the improvement of Nelson Road. It was mentioned that such a possibility be discussed directly with the developers since the proeprty is owned by another party. Action Taken:Mr.Reese moved that the variance on the lot design standards be granted, that the variance request to defer curb, gutter, and sidewalk improvements on the south side of Nelson Road be granted with the stipulation that a covenant or alternative method of insuring the improvements to Nelson Road in the future be required, the preliminary plat be approved, and the findings of fact be accepted, seconded by Mr.Pearce,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION -None X.COUNCIL QUESTIONS AND COMMENTS -None XI.CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT Joseph K.Gavinski,City Manager,stated that the city received $47,213.23 in interest income forAugust 1996. ///LIBRARY DOORS Joseph K.Gavinski,City Manager,presented information tothe Council onthecostof installing automatic doors at the library.The matter will be reviewed during budget study sessions. D r> 5165 CITY COUNCIL MINUTES: 5 September 24,1996 GROWTH MANAGEMENT -PUBLIC MEETING Joseph K.Gavinski,CityManager,informedthe Council ofthe public hearing held bythe countyto discuss the city's Interim Urban Growth Management Area.A second public hearing has been set for October 10 at the grange building at the fairgrounds. SALES TAX/TRANSIENT RENTAL ^,f Joseph K.Gavinski,City Manager,stated that on September 30 the city will receive $259,769.69 from 1/0J& (J sales taxes and $16,966.21 from transient rental income. DOT OFF-RAMP -POTATO HILL ROAD Joseph K.Gavinski,City Manager,statedthatthe Washington State Department ofTransportation will be at the October 8 1996 Couincil meeting to discuss construciton projects. BIKE PATH Joseph K.Gavinski,City Manager,stated that the bike path project is not quite finished and that a completion ceremony will be held in the spring. MEDICAL INSURANCE Joseph K.Gavinski,City Manager,statedthat medical insurance is available to the City Council through teh AWC Employee BenefitTrust. The Citiy Council would have to come inas a group and would have to have at least 4 members participate. BUDGET STUDY SESSIONS Joseph k.Gavinski,City Manager,suggested that the budget study sessions be set for October 21 and 23. ZAMBONI "Joseph K.Gavinski, City Manager,stated that the city has the opportunityto acquire a used zamboni for ^J $10,000 from Eagles Ice Arena in Spokane.There are funds available in the Equipment Rental Fund. Action Taken:Mr.Chapman moved that the city be authorized to purchase the zamboni,seconded by Mr. Nichols,and passed unanimously. 1996 OVERLAY PROJECT/STREET PROJECT Joseph K.Gavinski,City Manager, pointed out that change orders were required for the overlay project and the street project.The change order for the overlay project is for the installation of electrical conduit for the new lighting as well as the future electrically operated gates in the fence.This change will cost about $15,800 but will still leave the project under budget.The change orders for the street project involves the installation ofconduit as required by the Grant County PUD at a cost of $22,000,an increase in asphalt thickness to 3" on Fig and Block and 4" on Third at a cost of $17,000,and repair of water line problems on Peninsula streets at a cost of $16,218.91. The regular meeting was adjourned at 10:15 p.m. Finance Director \J /0?6 /0/7 o,lOluf <J ^J u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE HAYDEN CAMPUS FIRST ADDITION MAJOR PLAT HAYDEN CAMPUS 1ST ADDITION FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A publicmeeting was held upon proper notice before the Commission on August 29, 1996. 1.2 Proponent. Hayden Enterprises 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 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. 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 the Comprehensive Plan 2.4 The development is a continuation of a residential development 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 It is proper atthistime for the Planning Commission to make a recommendation onthis plat. 3.4 It is in the best interests andwelfare ofthe 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 ofthe City of Moses Lake tothe City Council ofthe City of Moses Lake that the plat be approved. 5.FURTHER HEARING BEFORE THE CITY COUNCIL 5.1 Date.A public meeting was held upon proper notice before the Council on September24 1996. 5.2 Proponent.Hayden Enterprises isthe proponent ofthis 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. D.Comments from the public. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.O Based upon the evidence presented to them, the Council makes the following findings of fact: 6.1 The proponentis the owner of the property. 6.2 The property is currently zoned R-1,Single Family Residential. 6.3 The development is consistent with the Comprehensive Plan 6.4 The development is a continuation of a residential development 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 Lakeis 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 Itis properat 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 and approved the variance on the lot design standards and the variance to defer curb, gutter, and sidewalk improvements on the south side of Nelson Road with the stipulation that a covenant oralternative method of insuringthe improvements to Nelson Road in the future be required. Dated:September 24,1996 Daryl Jaetfsdn,Mayor r>