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1996 04 095105 MOSES LAKE CITY COUNCIL April 9,1996 Council Present: Bob Chapman,Daryl Jackson, Grant Nichols,Bill Reese,Wayne Rimple,and Richard Pearce Absent:Chet Paine MINUTES:Mr.Chapman moved that the minutes of the March 26 meeting be approved as submitted, seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ActionTaken:Mr.Pearcemoved thatthe bills,checks, and prepaid claimsissued be approved,seconded ti by Mr.Nichols,and passed with Mr.Rimple abstaining from voting forthat portion of the bills to Moses ^^Lake Steel Supply and Faber Industrial Supply. Vouchers audited and certified by the Finance Director as required by RCW 42.24.080, and those expense reimbursement claims certifiedas required by RCW 42.24.090, have been recordedon 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 April9,1996 forthe funds listed below are approved in the amount of $607,085.96. GENERAL FUND STREET STREET REPAIR/RECON STREET IMPROVEMENT PARK &RECREATION IMPROVE. CENTRAL DRIVE LID WATER/SEWER FUND 1996 BOND REDM FUND MONROE STREET LID 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 $1,201,422.42 for all funds. ^J GENERAL FUND $90,440.29 WATER/SEWER FUND 699.25 WATER/SEWER CONSTRUCTION 400,000.00 SANITATION FUND 700,000.00 Checks:Checks 48194 through 48479 issued on March 28,1996 were approved for payment at the Council meeting held on April 9,1996 in the total amount of $1,089,889.32. Payroll:The payroll issued on March 29,1996 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 93978 through 93993 in the amount of $8,488.36. Payroll:The payroll issued on April 5,1996 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 93994 through 94172 in the amount of $212,919.17. PROCLAMATION A proclamation was read recognizing Ron Seibel as receiving a National Coach of the Year award from the National Wrestling Coaches'Association. I.CITIZEN INPUT MISS MOSES LAKE \^J Miss Moses Lake explained tothe Council what she has done through the year and mentioned that the pageant will be on April 13.The contestants for 199697 were introduced. II.EMPLOYEE PRESENTATIONS Public Works:Christopher Meng,Maintenance Worker II in the Sewer Division,was presented to the Council. III.CONSENT AGENDA Resolution -Accept Donation -Japan Air Lines:A resolution was presented which accepts a cash jQrfC? donation of $2,000 from Japan Air Lines. $95,109.45 WATER/SEWER CONSTRUCTION 165,198.55 26,077.20 SANITATION FUND 59,218.83 4.91 AIRPORT 678.25 1,438.87 SELF-INSURANCE 125,604.00 51.60 CENTRAL SERVICES 10,376.76 67,893.90 EQUIP RENTAL-OPERATIONS 11,977.00 22,239.51 BUILD MAINT-OPERATIONS 19,442.75 138.98 FIREMANS PENSION 162.00 28.00 M. L YOUTH PARTNERSHIP TF 1,445.40 TOTAL $607,085.96 AIRPORT 10,157.47 CENTRAL SERVICES 6.46 EQUIP RENTAL-OPERATION 118.95 TOTAL $1,201,422.42 //<SA 119? CITY COUNCIL MINUTES 5106 April 9,1996 n/3 Resolutions (2)-Accept Easements -Moses Lake Senior Center/Diana Chandler:Resolutions were presented which accept easements from Moses Lake Senior Opportunity and Services and Diana Chandler. \Q& D\pb l(fl* 0t o9? Resolution -Accept Easements - Donald Falconer: A resolution was presented which accepts an easement for municipal purposes from Donald Falconer. Resolution -Vacate Laurel Drive:A resolution was presented which begins the vacation process for a portion of Laurel Drive owned by Harold Moberg. ,n6'<F Annexation -Reservoir #8:A Notice of Intent to Commence Annexation Proceedings and Petition for ^^^ /u Annexation was presented to the Council in regard to the Reservoir #8 site.f) Spring Clean-Up: The dates forthe 1996 Spring Clean-Up have been set forApril20 and 27. }Q p £Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Rimple,and 'passed unanimously. IV.CONSIDERATION OF BIDS RESERVOIR #8 Staff recommended that the bid for Reservoir #8 be awarded to McClure and Sons. Action Taken:Mr.Rimple moved that the bid for Reservoir #8 be awarded to McClure and Sons, seconded by Mr.Reese,and passed unanimously. V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS VISION STATEMENT/PUBLIC HEARING The Vision Statement as prepared by the Citizens Advisory Committee was presented along with changes proposed by the Tourism Commission. The public hearing was opened.There were no comments. Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Pearce,and passed ^-n unanimously. Action Taken:Mr.Chapman moved that the Vision Statement be approved with the changes requested by the Tourism Commission,seconded by Mr.Pearce,and passed unanimously. ORDINANCE -CRITTENDEN ANNEXATION -2ND READING/PUBLIC HEARING An ordinance was presented which annexes property located along Wheeler Road that is owned by Del Crittenden. The public hearing was opened.There were no comments. Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Rimple, and passed unanimously. The ordinance annexing certain specified territoryto the City of Moses Lake,Washington,and incorporat ingthe same withinthe corporate limits of the Cityof Moses Lake, and which provides forthe assumption of existing indebtedness and establishes the zoning 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. ORDINANCE -NELSON ROAD LID -1ST READING/PUBLIC HEARING A public hearing has been scheduled to consider the formation of an LID fora portion of Nelson Road. Joseph K.Gavinski,City Manager,stated that the preliminary assessments forthe proposed LID have been sent to all affected property owners.There are several methods that can be used to establish assessments.He pointed out that if 60% of the unincorporated area were to protest, the Council would be divested of taking any action regarding those properties.The city has received a numberof protests from property owners in the unincorporated areas. While the protest period actually comes after the passage of the ordinance, the Council can take the protests into account when considering forming the LID.He explained the options available to the developers and the Council. Bob Fancher,representing the proponent,stated that,after reviewing the petitions and discussing it with the City Manager,the proponentwishes to proceed with the LID but only inthe incorporated areas of the city. The public hearing was opened. o CITY COUNCIL MINUTES 5107 April 9,1996 Gene Clasen,11588 Nelson,was opposed to the LID as he felt it would ruin his lifestyle and the developers should pay for the road improvements. Leo Morad,2035 Hamilton,was opposed to the proposed LID. At Lewis, Admiral Road,wanted to know what authority the City of Moses Lake has to place LID assessments on county residents. Joseph K.Gavinski,City Manager,stated that the authority is contained in RCW 35.43. __Russell Hadley,2255 Admiral Road,was opposed but pointed out that the developers will be constructing ii 150 homes and that the cost of the LID should be apportioned accordingly. Paul Griswold,11298 Nelson Road,wanted to know why the residents were not informed of action being taken on their property and why they do not have representation on the City Council. Bela Kerekffy,2191 Hamilton Road,wanted to know what the LIDconsists of and also felt that the Hayden Estates developers were going to pay for the whole thing. Mr.Gavinski stated it would include curbs,gutters,and sidewalks on one side and curbs and gutters on the other side and the road would be widened by approximately 20'.Water and sewer lines would also be extended. Tim Snead,Grant County Commissioner,10999 Stratford Road,stated that Grant County was concerned that the county was not informed of this proposed LID even though a major portion of the road is in the county.The county was opposed to assessing the county residents. Leroy Allison, Grant County Commissioner, pointed out that the county should be notified of any improvement to county property. He was concerned about an appearance of fairness issue as city staff had signed the petition forthe LID which would be considered by the City Council. Gary Pinard,Nelson and Hamilton,was opposed to the LID. Roger Hansen,Grant County Fire District 5,pointed out that the LID assessment should be no more than the increase in value to the property. He did not see that the proposed street improvements would increase the value of the property owned by Grant County Fire District 5. ^)Karen Edwards,11230 E.Nelson Road,pointed out that the petition was not signed by any county residents.The LID petition was initiated by developers whose property is inside the city limits.Since the county residents already have water, sewer, and streets,they will be receiving no benefits.She feltthat since the new housing developments are creating the need for road improvements the developers should pay for the improvements. A petition was submitted from the county residents who were opposed to the LID. Scott McCullough,PUD,stated that the PUD owns property in this area which is the potential site of a substation.The PUDwas concerned about the method of computation.He pointed out there are other methods of computation besides the front foot method. Pat Luczak,11342 Nelson, pointed out that the improvement may be in the best interest of the city but is not in the best interest of the county residents in this area. ActionTaken:Mr.Pearce moved thatthe public hearing be closed,seconded by Mr.Rimple, and passed unanimously. Letters of protest have been received. Mr.Pearce pointedout that the citydoes not initiate annexations. Annexations are initiated by the owners of property who wishto be included insidethe city limits.Healso stated thatthe citydoes not initiate an LID.The LID is initiated by peopleinthe areawho wish improvements and the city follows throughon that request. \J Mr.Reese pointed out that under the Growth Management Act the city is required to plan in designated urban growth areas. Even though the urban growth areas have not yet been determined, this area will probably fall under those requirements.The city is doing what is required under the law. Mr.Chapman pointed out that the city has requested confirmation of the urban growth boundaries from the county but that the city has not yet received that determination. It was pointed out that city staff had received direction from the Council to sign the petition for the LID since the city owns property within the LID boundaries. Mr.Gavinski stated that the city has talked with county staff about Nelson Road since partof it is inside the city limitsand partis outside the city limits.The roadshould either allbe inthe city limitsoralloutside the city limits and arrangements will be made with the county to get the issue resolved one way or the other. )0I0 CITY COUNCIL MINUTES 5108 April 9, 1996 The ordinance ordering the improvement of a portion of Nelson Road between Highway 17 and the City of Moses Lake's reservoir by constructing and installing a sanitary sewer system and connecting the sani tary sewer systemto the existing sanitary sewer,constructing and installing a water system and connecting the water system to the existing water system and by improving Nelson Road with pavement,curbs,gut ters,sidewalks,and storm drainage in accordance with Resolution 1949 ofthe City Council of the City of Moses Lake,Washington,and establishing Local Improvement District No. 59; providing the method of assessment for improvements made in said district;assessments upon property insaid district; and provid ing for payment of such assessments into a bond fund to pay and secure the payment of water and sewer bonds issued for the costs of the improvements was read by title only. Action Taken:Mr.Rimple moved that the first reading of the ordinance be denied,seconded by Mr. Pearce,and passed unanimously.C] Since the developer has indicated they would drop the county residents from the LID,it will be up to the developer to bring a proposal back to the staff for the needed improvements on Nelson Road. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 1996 BUDGET -2ND READING An ordinancewas presented which amends the 1996 budget regarding the 1996 Estimated Beginning Fund Balance and the 1996 Ending Fund Balance. The ordinance amending the 1996 budget forthe City of Moses Lake,Washington 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. ORDINANCE -AMEND 1996 BUDGET -2ND READING An ordinance was presented which amends the 1996 budget to make all negative fund balances zero. The ordinance amending the 1996 budget for the City of Moses Lake,Washington was read by title only. Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr. Chapman,and passed unanimously. jq/J ORDINANCE -AMEND 1996 BUDGET -2ND READING An ordinance was presented which amends the 1996 budget to provide for interfund loans and appropria tions. The ordinance amending the 1996 budget for the City of Moses Lake,Washington was read by title only. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr. Nichols,and passed unanimously. JQ/O ORDINANCE -AMEND 1996 BUDGET -2ND READING An ordinance was presented which amends the 1996 budget to provide for budget adjustments and various debt service amendments. The ordinance amending the 1996 budget for the City of Moses Lake,Washington was read by title only. Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr. Rimple,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS GRAPE DRIVE BALLFIELDS Staff requested authorization to call for bids forthe grading of the Grape Drive Ballfields. Action Taken:Mr.Pearce moved that staff be authorized to call for bids,seconded by Mr.Nichols, and passed unanimously. VIII.REFERRALS FROM COMMISSIONS <H ORDINANCE -MUNICIPAL AIRPORT ZONE - 1ST READING/PUBLIC HEARING An ordinance establishing the Municipal Airport Zone was presented. The public hearing was opened.There were no comments. Action Taken:Mr.Rimple moved that the publichearing be closed,seconded by Mr.Reese,and passed unanimously. )04/7 o10 n n u CITY COUNCIL MINUTES 5109 April 9,1996 The ordinance creating Chapter 18.35 ofthe Moses Lake Municipal Code entitled "Municipal Airport Zone" 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. LOOP PLAT.BLOCK 2.LOTS 8.9.10 PLAT ALTERATION -PUBLIC HEARING //W^ Phil Bloom,Columbia Northwest Engineering,has submitted a request to proceed with a plat alteration of the Loop Plat, which was recorded in October of 1954.The request is sought in order to facilitate the alteration of 3 recorded lots into 2 lots.The plat alteration is being requested in order to facilitate the construction of a single-family residence on what is proposed as Lot 8.The Planning Commission recom mended that the plat alteration be approved. The public hearing was opened.There were no comments. Action Taken:Mr.Rimple moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. Action Taken:Mr.Rimple moved that the plat alteration be approved,seconded by Mr.Reese,and passed unanimously. LAKELAND ADDITION DIVISION 1 -VARIANCE Phil Bloom,Columbia Northwest Engineering,on behalf of Doug Yost,requested a variance to the requirement for completion of the cul-de-sac and the short length of street serving the lift station on Lakeland Drive.The owner plans to submit plans for the second phase of the development next summer which willinclude extension ofLakeland Drive.The Planning Commission recommended thatthe variance request be approved with the stipulation that a covenant be required for the improvements to the cul-de- sac and the short length of street within two years. Gary Harer, Municipal Services Director,stated that the variance has been changed to request the issuance of a certificate of occupancy before all the utilities have been accepted. Jim Whitaker, City Attorney, pointed out that the action of the Planning Commission was contrary to the ordinance on variances.Variances are to be requested with the filing of the preliminary plat. The final plat has already been approved,so variances cannot be approved at this time. Building permits are issued K^J prior to final platting ofthe property.In this case therewas a redesignof the sewer system whichrequired a lift station.The work remaining to be done will only take about a week except for the asphalt,since the asphalt plant is not yet operating.To resolve the problem,staff is requesting direction from Council to grant certificates of occupancy for homes on Oasis Circle,Sandpiper Circle, and on Lakeland Drive no further than its intersection with Sandpiper Circle. There was some discussion by the Council. Action Taken:Mr.Chapman moved that certificates of occupancy be issued for Lots 1, 2,7,9,10,and 16 in Lakeland Division#1 prior to acceptance of street and utility improvements by the Council,seconded by Mr.Pearce,and passed unanimously. POPLAR SHORES SHORT PLAT -VARIANCES Mr.Reese stated that he had a conflict of interest on this item and exited the room. Philip Bloom of Columbia NW Engineering,representing Gary Strang,requested the following subdivision variances for Poplar Shores Short Plat: 1.that both side lot lines of Lot 7 and the southeasterly side lot line of Lot 9 be allowed to be greater than 20%of perpendicular to the right of way 2.that street improvements along Westshore Drive be deferred with a covenant for future improvements 3.that no sidewalk be required on the southeast side of Catamaran Court u The Planning Commission recommended that the variance on the lot lines and the variance for street improvements on Westshore Drive be granted with the stipulation that a covenant be required for the improvements at a later date.The Commission was concerned about maintenance of the unimproved portion of the right-of-way and recommended that the variance for no sidewalk on the southeast side of Catamaran Court be denied. Gary Harer, Municipal Services Director,stated that the reason the Planning Commission recommended denial of the request for no sidewalks on the southeast side of Catamaran Court is that Lots 4, 5, 6, and 7 of Cove West Phase 2 are through lots.If the houses on those lots front on Catamaran Court there should be a sidewalk in front of them.If they front on the Cove West,backyard fences would have to be installed 5'from the curb which will leave a 5'strip of dirt. //£?£ 'dts m°i CITY COUNCIL MINUTES 5110 April 9, 1996 Action Taken:Mr.Pearce moved that the variance on the lot lines and the variance for street improve ments on Westshore Drive be granted with the stipulation that a covenant be required for the improve ments at a later date and the variance for no sidewalk on the southeast side of Catamaran Court be denied,seconded by Mr.Chapman,and passed with Mr.Reese abstaining. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION COMMUNITY DEVELOPMENT BLOCK GRANT The residents of LongviewTracts and Westlake have requested the city to apply forgrant money to extend sanitary sewer service to their respective properties.Community Development Block Grant funds are ^-s^ available for thesetypes of projects and the application deadline is November 17,1996.Staff requested r) direction from the Council on whether or not to apply for these block grant funds. Gary Harer,Municipal Services Director,stated that residents inboth LongviewTracts and Westlake have been inquiring about block grant funding for improvements in their areas. He wanted to know, if the Council approves applying for the funds,whattype of funding shouldthe cityrequest -just sewer improve ments,housing improvements,etc.It was pointed out that considerable manhours will be required to complete the applications. Joseph K.Gavinski, City Manager, explained the block grant process forthe Council. He pointed out that it would be separate grants for the two areas. Action Taken:Mr.Nichols moved that staff be directed to apply forthe block grants forboth the Longview Tracts area and the Westlake area,seconded by Mr.Rimple, and passed unanimously. X.COUNCIL QUESTIONS AND COMMENTS SAFE SCHOOLS COMMITTEE Mr.Chapman stated that he is on the Safe Schools Committee and he wanted to know what the Police Department does to help enforce the drug free zone around the schools. Fred Haynes, Police Chief,stated that the Police Department does enforce those drug free regulations and assists the School District. He mentioned that tobacco is one of the prohibited substances and Police Offices have been citing people for smoking within 1,000'of a school. ,;^3 ECONOMIC DEVELOPMENT COUNCIL Mr.Jackson stated thatthe Grant County Economic Development Council has requested a Councilmember be appointed to its Board as an ex officio member. n )&? 001 Mr.Rimple volunteered and was appointed to the Grant County Economic Development Council. SISTER CITY Mr.Jackson stated that he will be traveling to Japan with Miss Moses Lake along with Planning Commissioner Mitchell Delabarre,who will be representing the noon Rotary Club. He mentioned that US KDK has requested that he take a tour of one of their facilities about 30 miles from Yonezawa.He stated that he will be unable to do that but that Mr.Delabarre has agreed to spend an extra day in Japan and take this tour. He requested that a letter to US KDK be sent with Mr.Delabarre indicating the Council's pleasure in having them a part of Moses Lake and introducing Mr.Delabarre. Council concurred with the request to have Mr.Delabarre represent the city on the US KDKtour. Of COUNCIL RESIGNATION Chet Paine has submitted his resignation as a Councilmember as of June 1,1996. The Council discussed the procedure on how to fill a Council vacancy and it was determined that applicants should be interviewed. Action Taken:Mr.Chapman moved that April 30 be set as the last date to receive letters of interest, seconded by Mr.Reese,and passed unanimously.f~*) XI.CITY MANAGER REPORTS AND COMMENTS ,oAj INVESTMENT REPORT The city received $29,647.90 in interest income for the month of March 1996. The regular meeting was adjourned at 9:35 p.m. ATTEST: