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1991 11 124581 CITY COUNCIL CITY OF MOSES LAKE November 12, 1991 Members Present:Wayne Rimple,David Chandler,Bill Reese, JoAn Brown,Norm Johnson, Dick Collier, and Roger Biallas MINUTES:Mr.Reese moved that the minutes ofthe meeting of October 22 be approved,seconded by Mr. Biallas, and passed unanimously. _APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS U w ActionTaken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Chandler,and passed with Mr.Biallas abstaining from voting for that portion ofthe bills to A&H Printers. Vouchers auditedand certified by the Finance Director as required by RCW42.24.080,and those expense reimbursement claims certified as required by RCW42.24.090,have been recordedon a listing which has been made available to the City Council. Claims:The vouchers included on the below listas modified by the Council and noted upon said list for the Council meeting of November 12,1991 for the funds listed below are approved in the amount of $493,519.48. GENERAL FUND $40,125.70 STREET 11,559.30 CAPITAL 92,000.00 STREET IMPROVEMENT 10,083.22 PWTF CONSTRUCTION 322.00 WATER/SEWER FUND 5,665.18 WATER/SEWER CONSTRUCTION 268,905.80 SANITATION FUND 35,836.27 UNEMPL COMP INS 18.56 SELF INSURANCE 95.68 CENTRAL SERVICES 11,0332.60 BUILDING MAINTENANCE 7,620.05 EQUIPMENT RENTAL 9,845.12 FIREMANS PENSION 75.00 DEPOSIT 335.00 TOTAL $493,519.48 Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code3.42.030 and the internalcontrol policyapproved bythe CityCouncil 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 $91,568.07 for all funds. GENERAL $42,008.27 STREET .61 MID-PENINSULA BLK GR 7.00 WATER/SEWER FUND 33,016.11 SANITATION FUND 3,355.92 CENTRAL SERVICES 893.20 EQUIPMENT RENTAL 10,766.96 DEPOSIT 1.520.00 TOTAL $91,568.07 Checks:Checks 28751 through 28997 issued on October 23, 1991 were approved for payment at the Council meeting held on November 12,1991 in the total amount of $204,271.24. Payroll:The payroll issued on October 25,1991 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 71677 through 71820 in the ^S^amount of $186,864.25. Payroll:The payroll issued on October 31, 1991 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 71821 through 71836 inthe amount of $8,057.76. Payroll:The payroll issued on November 8, 1991 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 71837 through 71974 in the amount of $153,597.42. 4582 CITY COUNCIL MINUTES:2 November 12,1991 I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS -None III.CONSENT AGENDA IQb£Ordinance -Repeal Private Detectives -1st Reading:An ordinance was presented which repeals the u regulations concerning Private Detectives since the state is regulating them now. iQ/^b Resolution -Grant Easement -PUD:Aresolution was presented which grants an easement tothe PUD for /"*"*'underground electrical facilities atthe Library.( pl3 n Resolution -Accept Easement -Baker:A resolution was presented which accepts an easement from Mary Baker for a water line for the Moses Lake Alliance Church. Resolutions (2)-Accept Easement/Sewer Main &Water Line -D&LFoundry:Resolutions were presented[j;which accept an easement from D&LFoundry and asewer main and water line from D&LFoundry. //(#Of Well 14/Mall Water Line:Muffett &Sons have completed work on theWell 14,Mall Water Line Contract. Theworkshould be accepted andthe 30 day lien period entered into. //O?7 Well 13:Marchand Construction has completed work on the Well 13 contract.The work should be accepted and the 30 day lien period entered into. j)(j {#Sewer Rehab Contract:Gelco Insituform has completed work on the Sewer Rehabilitation Contract.The work should be accepted and the 30 day lien period entered into. Action Taken:Mr.Chandler movedthatthe ConsentAgendabe approved,seconded by Mrs.Brown,and passed unanimously. IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS HUO MOSES LAKE ESTATES (~^ James Young,developer of Moses Lake Estates, presented his development planand requested assistance fromthe city withthe sewerand water capacity,system utility location, road standards, zoning and land use classification, and the Potato Hill/l-90 interchange. He is requesting annexation since the property is inthe growth area of the city and it is in close proximity to the city's sewer treatment plant. The county has approved the zoning of the area as a PUD.The problem with annexation ifthe project is started under countystandards isthat itwould be very difficultto change to city standards after annexation.He requested that the project be allowed to hook up to the city's sewer system,the county zoning remain in effect,and the countydevelopment standards be allowed throughoutthe project. He also requested thata late comers agreement be drawn up in order to recoup some of the costs of the installation of the water and sewer systems.He also requested that since the county is participating in road development that annexation not take place for 10 years from the start of construction. The Council had a number of questions and concerns about the project and requested staff study the project and that a study session be set to discuss the pros and cons. A study session was set for January 21,1992 at 8 p.m. in the Council Chambers. REGIONAL SHOPPING CENTER GaryTusberg, Vice President of Armada/Lagerquist Company,stated that they are proposing a shopping mallwhich would have a market area of approximately200,000 people. The type of retailer that is showing interest are large volume retailers requiring adequate space to move quality goods in and out in a short space of time. He would like to discuss with the city the impacts this development would have -traffic, economic,etc. Mr.Rimple pointed out that the Kittleson corner area is alreadya very heavilycongested intersection atthis time. Mr.Tusberg stated that they have contacted the Department of Transportation about the project and Transpo, Inc. a traffic engineering firm,is beginning preliminary studies on the traffic in this area and is working closely with the DOT.The access point to the facility needs to be discussed with the city. ActionTaken:Mr.Chandler moved that staff workwith Armada/Lagerquist and make application to the DOT for access onto Highway 17,seconded by Mr.Reese,and passed unanimously. o u <J 4583 CITY COUNCIL MINUTES:3 November 12, 1991 3M COMPANY SIGN -APPEAL The 3M National Advertising Company appealed the decision of the Planning Commission to deny its /^° request to exceed the size and height limitation of an off-premises sign to be constructed near the intersection of Schnierla and Broadway. Kim Cox, 3M National Advertising Company, stated that a standard billboard is 12'x 24'. The Planning Commission was not in favorof such a large sign and denied the request to exceed the size and height limitationsof an off-premises sign.She stated that the size of the sign has been reduced to 8' x 12',which is 96 square feet in size, and only 25' in height, which meets the city's height requirements. Itwas the consensus of the Council that this change in the size and height of the sign should beconsidered by the Planning Commission. ORDINANCE -ADOPT 1992 BUDGET -PUBLIC HEARING -1ST READING An ordinance was presented which adopted the 1992 budget. The ordinance adopting the budget for the City of Moses Lake,Washington for the year of 1992 was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Chandler moved that the public hearing be closed,seconded by Mr.Johnson,and passed unanimously. Action Taken:Mr.Chandler moved that the first reading of the ordinance be adopted,seconded by Mrs. Brown, and passed unanimously. SIDEWALK IMPROVEMENT DISTRICT #3 -PUBLIC HEARING The preliminaryassessment roll for Sidewalk Improvement District#3 was presented. Letters of protest were received from John Solin,Donald Hollingbery,and EleanorSortor. Also presented was a memo from the Municipal Services Director in answer to the objections of EleanorSortor. The public hearing was opened.There were no comments. ActionTaken:Mr.Chandler moved that the publichearing be closed,seconded by Mrs.Brown,and passed unanimously. ActionTaken:Mr.Biallas moved that staff be directed to proceed withthe project,seconded by Mr.Reese, and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 1991 BUDGET -1ST READING An ordinance was presented which amends the 1991 budget. The ordinance amending the 1991 budget forthe Cityof Moses Lakewas read by title only. Action Taken:Mrs.Brown moved that the first reading of the ordinance be adopted,seconded by Mr. Chandler, and passed unanimously. ORDINANCE -MILLER ANNEXATION -1ST READING Anordinance was presentedwhichwouldannex property ownedbyGeorgeMiller locatedatthe intersection of Westshore Drive,Hansen Road,and Fairway Drive. ^J The ordinance annexing certain specified territory to the City of Moses Lake,Washington,and incorporating the same within the corporate limits ofthe Cityof Moses Lake,andwhich provides for the assumptionof existing indebtedness and establishes the zoning was read by titleonly. Action Taken:Mr.Collier moved that the first reading of the ordinance be adopted,seconded by Mr. Chandler, and passed unanimously. ActionTaken:Mr.Collier moved thatthe second reading of the ordinance and a public hearing be set for November 26, and passed unanimously. /O/O ."./•? /O/O iosr \9^ ,0^ l£* 4584 CITY COUNCIL MINUTES: 4 November 12,1991 VII.REQUESTS TO CALL FOR BIDS -None III.REFERRALS FROM COMMISSIONS SOUTH CAMPUS BINDING SITE PLAN Dan Thomas has submitted a binding site plan for the South Campus Park. The area is 112 acres in size and includes 9 segregated parcels of land with areas of common access and parking. The south campus area is zoned Ught Industrial under a contract zone.The developer has requested a variance to defer construction of sanitary sewer on Nelson Roadthroughthe lengthof the plat.The Planning Commission /~\ recommended that the binding site plan be approved with the stipulation that a covenant run with the property forthe construction of sanitary sewer on Nelson Road through the length of the platwhen required by the city. Bob Fancher,representing the developer,pointed out that Mr.Thomas plans to maintain the on-site water and sewer lines himself. » Phil Bloom,Municipal Services Director,stated that a meterwould be required inorderto measure the water flow. ActionTaken:Mr.Biallas moved that the variancebe granted to defer construction of sanitarysewer with the stipulation that a covenant run with the land for those improvements and the binding site plan be approved with the stipulationthat the comments from the City Engineer be addressed,seconded by Mr. Chandler, and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION GROWTH MANAGEMENT -AGREEMENT Grant County will be receiving funds from the state to distribute to the cities and towns to aid them in implementing the Growth Management Act. An agreement was presented with regard to the distribution of these funds. Itwas recommended by the CityManagerthat authoritybe granted to the city's representative on the Grant County Planning Committee to execute the agreement after the discrepancy between the amount listed on ExhibitA to the agreement and the sum referred to in the letter from the Department of Community Development is resolved.f^ Action Taken:Mr.Chandler movedthat staff's recommendation be accepted,seconded by Mrs. Brown,and passed unanimously. LEASE -PERRAULT Joseph K.Gavinski,City Manager,presented a lease between the city and David Perrault for20' of property designated as city right-of-way directly adjacent to the property Mr.Perrault wishes to purchase at the corner of Wapato Drive and Broadway. Mr.Gavinski,stated that the city has a permitfromthe railroad foruse ofthis propertyand is attemptingto acquire it from the railroad. Action Taken:Mr.Reese moved that the City Manager be authorized to sign the lease,seconded by Mr. Johnson,and passed unanimously. Q,RESOLUTION -AQUATIC CENTER/FIRE STATION -REIMBURSEMENT &IJ A resolution was presented which states the Council's intent to be reimbursed for certain expenditures related to the developmentand construction ofa new main fire station andanaquaticcenter. The purpose of the resolution will be to allow reimbursement from funds generated from the sale of bonds. A resolution stating the City of Moses Lake's intent to be reimbursed for funds advanced for costs on projects intended to be funded with general obligation bonds was read by title only. Action Taken:Mr.Biallas moved that the resolution be adopted,seconded by Mr.Chandler,and passed (> unanimously.>- REQUEST TO USE CITY PROPERTY -HOSPICE The Hospice AdvisoryGroupfromthe Central BasinHome Health Careissponsoring the annualTree of Life againthis year.They wouldliketo placeitnextto the public library and placea temporarysign in front of the tree facing Fifth Street. The sign would be professionallylettered and would be removed and stored after the holiday season. u <J V 4585 CITY COUNCIL MINUTES:5 November 12,1991 Action Taken:Mr.Johnson movedthat permission be granted for the Hospice Advisory Group to placethe Treeof Life atthe public library and for the placementof a temporarysignatthe same location as longas itmeets city regulations,seconded by Mr.Reese, and passed unanimously. X.COUNCIL QUESTIONS AND COMMENTS PLANNING COMMISSION APPOINTMENTS Mr.Rimple requested Council approval ofthe appointmentof GeorgeLeBlancto the Planning Commission. Mr.Le Blanc would replace Dick Collier,who was elected to Council. It was the consensus of the Council that the appointment of George Le Blancto the Planning Commission be approved. XI.CITY MANAGER REPORTS AND COMMENTS SALES TAX/TRANSIENT RENTAL INCOME REPORT ^^ Joseph K.Gavinski,City Manager,reported the city received $149,441 from sales tax in August 1991.The )/S<f'& city also received $14,898.70 from transient/rental income in August 1991. POLE BUILDINGS/GMA VIDEO PRESENTATION The PlanningCommission has requested a jointstudy session withthe Councilto discuss the city ordinance for pole buildings. Staff has also received a video on growth management which gives a very good presentation of the subject. Staff would like to schedule a time when the Planning Commission and City Council could jointly view this video. A joint study session with the Planning Commission on pole buildings was set for Tuesday,December 3, at 7 p.m. in the Council Chambers. LARSON SUBDIVISION GROUNDWATER REPORT Joseph K.Gavinski,City Manager,statedthatthe investigating ofthe ground water inthe Larson Subdivision is progressingand the consultant will be at the December 10 meeting to give a report. DECEMBER COUNCIL MEETING Joseph K.Gavinski,City Manager,stated that the second meeting inDecember is scheduled for December 24 and the Council may wish to change the date forthe meeting. ActionTaken:Mr.Collier moved that the second Council meeting in December be held on December 30 at4 p.m.in the City Hall Conference Room,seconded by Mr.Chandler,and passed unanimously. The regularmeeting was adjourned at 9:50 p.m. ATTEST: Finance Director /DO* joof BEFORE THE PLANNING COMMISSION OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OFTHE SOUTH CAMPUS PARK )SOUTH CAMPUSPARK BINDING SITE PLAN BINDING SITE PLAN ) >FINDINGS OF FACT,CONCLUSIONS, ) AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. ^-^1.1 Date.Apublic meeting was held upon proper notice before the Commission on September 26,1991. 1.2 Proponent.Dan Thomas is the proponent of this binding site plan. 1.3 Purpose.The proponent has submitted a binding site plan for property legally described as follows: That portion of Farm Unit 117,Irrigation Block 41,lying in the NW1 /4 of Section 25,Township 19 North,Range 28 East, W.M., Grant County,Washington,described as follows: Commencing at the northwest corner of said section;thence,along the north line of said NW 1/4, south 89°20'00"east, a distance of 577.68feet to the most northwest corner of said Farm Unit, said point being the true point of beginning;thence,continuing along the north line of said NW 1/4,said line also being the north line of said farm unit,south 89°20'00" east, a distance of 745.18 feet, to the northwest corner of the NE 1/4 of said NW 1/4;thence,along the west line of said NE 1/4 of said NW 1/4,south 00°35'31"west,a distance of 270.00 feet; thence,parallel to said north line of said NW 1/4 and farm unit,south 89°20'00n east,a distance of 300.00 feet;thence,parallel to said west line of said NE 1/4,north 00°35'31"east, a distance of 270.00 feet, to an intersection with said north line of said NW 1/4and said farm unit;thence,along said north line,south 89°20'00"east,a distance of 766.66 feet;thence, parallel to the east line of said NW 1/4,south 00°38'33"west,a distance of 256.00 feet; thence,parallel to said north line,south 89°20'00"east,a distance of 256.00 feet,to an intersection with said east line;thence,along said east line,south 00°38'33Bwest,a distance of 1,746.96 feet,to the southeast corner of said farm unit;thence,along the south line of said farm unit,north 89°25'39"west,a distance of 1,775.74 feet;thence,north 00°03'30"east,a distance of 710.00 feet;thence,parallel to said south line, north 89°25'39"west, a distance of 675.00 feet;thence,south 00o03,30o west,a distance of 710.00 feet,to an intersection with said south line;thence,along the southerly and westerly boundary of said farm unit,the following courses and distances:north 89°25'39"west,a distance of 177.56 feet; north SS^S'SO"west,a distance of 21.55 feet;north 00°32'30"east,a distance of515.23 feet;north 17°39'45"east,a distance of 725.23 feet;thence,continuing along said westerly boundary, north 14°04'00"west, a distance of 84.66 feet;thence,leaving said westerly boundary,parallel to said north line of said NW 1/4,south 89o20'00"east, a distance of 236.86 feet;thence, parallel to the west line of said NW 1/4,north 00°32'30"east, a distance of 529.67 feet, to an intersection with said westerly boundary of said farm unit;thence,along said westerly boundary of said farm unit, north 41°42'45" east, a distance of 225.84 feet, to the true point of beginning;containing 98.06 acres,more or less. 1.4 Evidence.The Commission considered the following materials in reaching its decision: A.The submitted binding site plan. B.Testimony from the proponent. 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 L-l,Light Industrial,under a contract zone. 2.3 The use will put currently vacant buildings to use. 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 binding site plan. <j V 3.2 The binding site plan is properly before the Commission for its recommendation. 3.3 It is proper at this time for the Planning Commission to make a recommendation on this binding site plan. 3.4 The Planning Commission declared this binding site plan to have a non-significant adverse impact on the environment on September 26,1991.Therefore,there should be no undesirable environmental problems created. 3.5 It is in the best interests and welfare of the city's citizens to accept the binding site planas 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 binding site plan be approved. 'UK-". 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meeting was held upon proper notice before the Council on November 12, 1991. 5.2 Proponent.Dan Thomas is the proponent of this binding site plan. 5.3 Purpose,the proponent has submitted a binding site plan for property legally described above. 5.4 Evidence.The Council considered the following materials in reaching its decision: A.The submitted binding site plan. B.Testimony from the proponent. C. Written comments from various parties. 6.FURTHER FINDINGS OF FACT BYTHE CITY COUNCIL Based upon the evidence presented to them,the Council makes the following findings of fact: 6.1 The proponent is the owner of the property. 6.2 The property is currently zoned L-l,Light Industrial,under contract zoning. 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 authorityto make a decision on a binding site plan. 7.2 The binding site plan is properly before the Council for its decision. 7.3 Itis proper at this time forthe City Council to make a decision on this binding site plan. 8.DECISION. 'The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission and approves the binding site plan. Approved by the Mayor on November 12,1991.^^ r^