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1988 03 084179 CITY COUNCIL CITY OF MOSES LAKE March 8,1988 Members Present:Wayne Rimple,Roger Biallas,Bill Reese,Bill Frederickson, Norman Johnson,David Chandler,and Charles Edwards MINUTES Mr.Reese moved that the minutes of the meeting of February 23 be approved as submitted,seconded by Mr.Johnson,and passed unanimously. APPROVAL OF BILLS AND WARRANTS ISSUED Action Taken:Mr.Edwards moved that the bills and warrants issued be ap proved,seconded by Mr.Chandler,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply. Vouchers audited and certified by the 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 listing which has been made available to the City Council. The vouchers included on the above list as modified by the Council and noted upon said list for the Council meeting of March 8,1988 for the funds listed below are approved in the amount of $87,885.72 for all funds. GENERAL FUND $10,721.20 STREET 308.69 STREET REPAIR & RECONSTRUCTION 83.20 CONVENTION CENTER 3,233.32 M0NTLAKE PARK 96.60 WATER/SEWER FUND 20,993.19 WATER/SEWER CONSTRUCTION 432.30 SANITATION FUND 29,366.25 UNEMPL C0MP INS 208.48 ACCIDENT INSURANCE 2,700.00 CENTRAL SERVICES 9,752.36 BUILDING MAINTENANCE 2,058.48 EQUIPMENT RENTAL 7,931.65 TOTAL $87,885.72 The payroll issued on February 26,1988,having been approved pursuant to the rule of the City Council s'et forth in Moses Lake Municipal Code 3.42.040,was paid by warrants 32089 through 32109 in the amount of $6,929.23. The payroll issued on March 4,1988,having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by warrants 32110 through 32243 in the amount of $120,080.10. The claims warrants 27827 through 27951 issued on February 24,1988 were ap proved for payment at the Council meeting held on March 8,1988 in the total amount of $67,898.68. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS 1988 CRACK SEALING PROJECT Staff recommended that the bid for the 1988 crack sealing project be awarded to the low bidder,Pacific Surfacing Company,Inc.from Yakima./O/^^/j Action Taken: Mr. Frederickson moved that the bid be awarded to Pacific Sur facing Company,seconded by Mr.Edwards,and passed unanimously. ]OlO 0^ O^ ^ 4180 CITY COUNCIL MINUTES:2 March 8,1988 IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS None V.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 1988 BUDGET - 2ND READING An ordinance was presented which amends the 1988 Budget to provide funds for the construction of the amphitheater. r The ordinance amending the 1988 Budget for the City of Moses Lake,Washington was read by title only. Action Taken:Mr.Chandler moved that the second reading of the ordinance be adopted and the summary be approved for publication,seconded by Mr.Edwards, and passed unanimously. RESOLUTION -ACCEPT GIFT -LIONS CLUB The Moses Lake Lions Club has donated a Minicom IV Telecommunication Device for the deaf to the Police Department. The resolution accepting a gift from Moses lake Lions Club of a Minicom IV Communications Device for the deaf to be used by the Moses Lake Police Depart ment was read by title only. Action Taken:Mr.Edwards moved that the resolution be adopted,seconded by Mr.Johnson,and passed unanimously. RESOLUTION -ACCEPT GIFT -JAPAN AIR LINES Japan Air Lines has donated $2,000 for use by the Parks and Recreation Department. The resolution accepting a cash gift of $2,000 from Japan Air Lines to be used f" by the City of Moses Lake Park and Recreation Department was read by title only. Action Taken:Mr.Johnson moved that the resolution be adopted,seconded by Mr.Frederickson,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS QCJ None r^ VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION CO en ALDER/STRATFORD PROPOSED TRAFFIC CHANGES Staff is requesting direction from Council on the proposed traffic changes for Alder/Stratford.Study sessions have been held and the next step is to schedule a public hearing to consider what changes,if any,should be con sidered.If Council decides not to make a change,no further action is needed. Larry Rigsby,Moses Lake Ford Sales,stated he is in favor of Alternate E. George Hill,Video and Appliance,felt that Alternate E would destroy his business.It was his understanding that the main problem was the congestion at the Broadway/Alder intersection.He pointed out that during fair week there may be 60,000 to 70,000 extra cars without any great difficulty.He felt that if traffic becomes a problem on these street,the local people will use other streets to get around. Wanda Skeens,Skeens Western Wear,is opposed to any changes at this time. The manager of the Toy House stated that he is opposed to any changes. 4181 CITY COUNCIL MINUTES:3 March 8,1988 Bob Skidmore,Greyhound,stated that he is opposed to any changes.He sugges ted using signing to help direct traffic around town. Jim Turner,Able Building Supply,stated that he is opposed to any street revisions. Brian Higgins,Animal Medical Center,did not feel there is a problem with the streets or traffic. Dean Haggerty,221 Balsam,wanted to thank the Council for the way in which the problems have been addressed and giving the citizens of Moses Lake the opportunity to present their views. Robert Wendt,Moses Lake Travel Lodge,is opposed to any changes,especially closing off Pioneer Way. Sharon Osborne,Kentucky Fried Chicken,felt that closing Pioneer Way would adversely affect her business and she is opposed to any changes to Broadway and Third. Mr.Rimple thanked the citizens for their input during the study sessions and the Council meetings. Mr.Johnson stated that this was a study to determine what to do in lieu of a second lake crossing.The general public does not agree with the alternates at this time and he felt nothing should be done. Action Taken:Mr.Johnson moved that no action be taken on the proposed al ternatives for the Alder/Stratford traffic at this time,seconded by Mr. Reese. Mr.Reese felt that if the city cannot afford to do the right thing,which is build a second lake crossing,nothing should be done. Mr.Frederickson felt that there is a traffic problem and if nothing is done it is only going to get worse.He suggested that the additional signing be put up on Highway 17 and 1-90 for the truck route and other signing to facili tate the movement of traffic and that Stratford Road be overlayed from Broad way to Highway 17. Mr.Chandler felt that Highway 17 is underutilized and better signing would help.A truck route is also needed.Everyone agrees that the congestion is going to get worse and something needs to be done on Broadway. Mr.Biallas congratulated city staff on the job they did on the traffic study and proposed alternatives.He felt that there may not be a big problem at this time but in the future there could be.Any one of the alternatives will cause an impact on some businesses,either positive or negative.The second lake crossing will have an impact in the future but any of these alternatives will have an immediate effect on people.He pointed out that only those peo ple directly affected by the changes have voiced their opinion and he did not feel it accurately reflected the wishes of the entire city.He felt something should be done and the public meeting should be held on March 22. Mr.Rimple thanked city staff for their proposals.He pointed out that there is a new signal on Broadway that may impact the current problem by speeding up traffic.He felt that the traffic problems should be continued to be studied. The motion passed with Mr.Biallas opposed. WHEELER ROAD/CLOVER DRIVE INTERSECTION A neighborhood meeting was held to discuss the traffic safety problems at the .,,-? Wheeler Road/Cover Drive intersection.Proposed improvements to the intersec-''' tion are adding more,improved signage to keep traffic on Wheeler from block ing Clover,closing off Clover Drive to through traffic at Wheeler Road,or just monitor traffic accidents to see if there is an increase. There was some discussion and it was the consensus of the Council that it is a very dangerous intersection. \0 4182 CITY COUNCIL MINUTES:4 March 8,1988 Action Taken: Mr.Biallas moved that Clover Drive be closed off at the Wheeler Road intersection,seconded by Mr.Reese,and passed with Mr.Edwards opposed. CARGO CONTAINERS 5 Direction was requested from Council on the problem of prohibiting and con- s trolling the placement of sea-going cargo containers in various zones in the uf"?city. Joseph K.Gavinski,City Manager,stated that when and if the ordinances are passed they would be retroactive under a health and welfare clause.The or dinances prohibit the placement of storage containers in residential zones,is permitted as a conditional use permit in commercial areas,and no restrictions in industrial areas. Dick Hansen stated that he contacted various cities in the area and the con tainers are usually granted a temporary permit unless they are to be perma nently installed and then they are required to meet the Uniform Building Code. Also,they cannot be placed on a vacant lot,they have to accompanying an ex isting building.He felt they should be out of sight in a commercial zone, such as the downtown area. Mr.Biallas felt that there should be some restrictions on the placement of the containers and they should be prohibited in residential areas and out-of- sight of traveled thoroughfares in the commercial area.He also suggested they be placed on a hard surface such as concrete or asphalt and perhaps be skirted from the ground to the finished side of the container. Mr.Chandler stated he was in agreement with Mr.Bialias's remarks and is in favor of the ordinances. Mr.Edwards stated that he is opposed to their use in residential areas but not in business areas. Mr.Frederickson stated that he felt that should not be used in residential areas and perhaps not in commercial areas.He felt the Planning Commission should review the ordinances. It was the consensus of the Council that the ordinances be forwarded to the Planning Commission for review. PARK AND RECREATION ADVISORY COMMISSION -APPOINTMENTS \0^Mr.Rimple requested Council approval of the appointments of Karen Wagner and [JJ Dick Deane to the Park and Recreation Advisory Board.£_ Action Taken:Mr.Johnson moved that the appointments be approved,seconded by Mr.Reese,and passed unanimously. PLANNING COMMISSION -APPOINTMENT |0 Mr.Rimple requested Council approval of the appointment of Ron Covey to the Planning Commission. Action Taken:Mr.Johnson moved that Ron Covey be appointment of Ron Covey be approved,seconded by Mr.Edwards,and passed unanimously. BIG BEND CENTER BINDING SIDE PLAN -AMENDMENT AND VARIANCE n|9^The Lad Company has requested an amendment to the Big Bend Center Binding Site Plan that was approved on November 28,1986.The proposed revision is for an access onto Valley Road through the Kvamme Addition and to segregate,for the purpose of sale,the area which is to be developed by Shopko.The proposed private access road through Lot 1 of the Kvamme Addition would be a 40'wide access easement approximately 280'in length.There would be three paved lanes 36'in width including a continuous left turn lane,lanes for ingress and egress,and a sidewalk.The City Engineer recommended a covenant for a traffic signal at Central and Valley and/or Valley and the new access road that may prove necessary because of mall traffic.The Lad Company has also requested a variance in order to construct the required public and private 4^ 01 4183 CITY COUNCIL MINUTES:5 March 8,1988 street and utility improvements concurrently with the project without the re quirement to post performance bonds or alternative security to guarantee the construction.The Lad Company is agreeable to a stipulation that a certifi cate of occupancy would not be issued until all required public street and utility improvements are constructed and accepted by the city and until all required private street and utility improvements are constructed and approved by the city.The Planning Commission recommended to Council that the amended binding site plan be approved and the variances be granted without any cove nant requirements.The Council may wish to consider the covenant requested by the City Engineer to cover the installation of any needed signals at either or both accesses to the site from Valley Road. Mr.Frederickson questioned he wisdom of allowing an access off of Valley other than the one already existing at Central.He felt the frontage road should serve the project and not have a multiply entrances and exists directly from the mall. Mr.Biallas felt that a covenant should be established for the construction of a light at the new access if it becomes necessary in the future.He felt that right turns only,both in and out,should be permitted.He felt the intersec tion at Central and Valley would need to be signalized.It was his opinion that a light on Stratford at the main entrance to the mall would be a bottle neck and a disaster.He felt it would be too close to the Highway 17 inter change and the existing light at Stratford and Valley. Mr.Chandler felt that the proposed new access is too close to Stratford and the main access on Valley should be at Central.He was not opposed to the new access if it were a right turn only into the mall.He pointed out that the many entrances and exits at the Penn Plaza Mall create problems and he felt that should not be allowed to occur at this project.He felt the proposed traffic signal on Stratford is too close to the Highway 17 off ramp. Joseph K.Gavinski,City Manager,stated that instead of a covenant,the prob lem could be handled by a contract with the developers. The representative from Lad mentioned that the proposed Valley Road access is more than two city blocks from Stratford. Mr.Rimple pointed out that the main access to the mall is proposed to be from Stratford with a secondary access at Valley and Central.The Council does not want that access off of Valley to become a major entrance into the mall. Mr.Biallas stated he was not in favor of a traffic light or left turns at the proposed Valley access. Mr.Edwards felt that both right and left turns would have to be allowed since it will be a busy place. There was considerable discussion by the Council on the possible traffic prob lems.It was the consensus of the Council that the Valley Road access could be allowed without a light so long as there are right turns only in and out of that access. Action Taken:Mr.Johnson moved that the amended binding site plan be ap proved,the variance be granted with the stipulation that no occupancy permit be granted until all public and private street and utility improvements are accepted by the city,and a traffic light to be installed,at the developer's expense,at Central Drive and Valley Road at the time the mall is built and a traffic light to be installed,at the developer's expense,at the new inter section at the time the light is required by the city,and the Findings of Fact be accepted,seconded by Mr.Chandler,and passed with Mr.Frederickson opposed. IX.COUNCIL QUESTIONS AND COMMENTS None {' V" 4184 CITY COUNCIL MINUTES:6 March 8,1988 X.CITY MANAGER REPORTS AND COMMENTS SIDEWALK INSPECTION -OMAK Joseph K.Gavinski,City Manager,stated that a trip to Omak to inspect their sidewalk improvements would be scheduled and that the City Council,along with other members of the community,will be invited to participate. STADIUM TAX Joseph K.Gavinski,City Manager,distributed a report on the stadium tax receipts for 1985 through 1988. INVESTMENT REPORT 10 Joseph K.Gavinski,City Manager,distributed the investment report for February 1988. The regular meeting was adjourned at 10:45 p.m. ATTEST City Clerk 00 CL GO (Jl y/^v-/ '•.--,-.,.••••r BEFORE THE,CITY COUNCIL-OF,THE .,: .:,-.,',,.,,CITY OF MOSES-LAKE,-WASHI-NGTON ,--,•.•-,,- IN THE MATTER OF THE AMENDMENT ) TO THE BIG BEND.CENTER BINDING >v -RIND-INGS^OF FACT,CONCLUSIONS,. SITE PLAN --)oAND QECtlSION This matter,having come on-before the Moses:Lake,City Council for,action on March 8,1988,now makes the following:n f .«n FIND^NGS,-QF FACTiopr Vnn-:K " 1.Thfr Findings^of Fact,Conclusions,and Decision on the Big Bend Center Binding Site Plan are incorporated herein by referenqe.- 2.The LADD Company has requested an:amendment,to *the Big Bend Center Binding Site Plan.-v v 3.The proposed revision is for an access onto Valley Road through the Kvamme Ad dition and to segregate,for the purpose of sale,the area which is to be de veloped by Shopko.The remaining areas are also to be segregated for tax and mortgage purposes but not for sale. 4.The proposed private access road .through Lot 1 of the Kvamme Addition would be a 40'wide access easement approximately 280'in length.There would be three paved lanes 36'in width including^continuous left turn lane. 5.The required-public and private street and utility improvement areproposed to be constructed concurrently with the project and a variance is being requested :to eliminate the required performance bonds or alternative security ,to guaran tee the construction.The LADD Company is agreeable to a stipulation that a certificate of occupancy would not be issued until all required public street and utility improvements are constructed and;-accepted by the city,and until all required private street and utility improvements are constructed and approved by the city. 6:barry Angelli!Asst.Director for'Community Development,stated,that the pro posed access to Valley Road does not appear,^to include pedestrian walkways.He stated that the City Engineer,in his review of the amended binding site plan, has determined that with moderate traffic the lane configuration for the new access is acceptable.It is unknown at this time whether a traffic signal will be required in the future at this location or the intersection of Central and Valley and the City Engineer is recommending that a covenant,run with the land for a signal at either or both intersections if signals become necessary. 7.Mr.Pearce wanted to know if any of the parcels would be landlocked. 8.Mr.McClean,representing the project,stated that it is intended to dedicate Central Drive to the city from Park Street north to nearly Highway 17 which would include the area in front of the ShppKp parcel.Also,sidewalk will be installed along the new access from Valley Road. 9.>;Mr.Collier stated that he was concerned about the right-of-way;from-the proj ect to Valley Road since it will not be dedicated to the city. 10.Joseph K.Gavinski,City Manager,stated that if a covenant is required,the underlying land owner will be requested to sign it as well as the person hold- f.ing~the easement.However,if it becomes necessary to call-in the covenant, the value of the landwould not cover the epst of the improvements.It is the opinion of the City Attorney that'it would;be better to require ^performance bond or grant a variance. 11.Mr.Bailey stated that it would make good economic sense for the developers to improve the access including a sidewalk. "'.. .-v.-' 12.The Planning Commission recommended to the Council that the amended binding site plan be approved and the variances be granted.> 13.The City Council considered the request at their March 8,1988 meeting. 14.Mr.Frederickson questioned the wisdom of allowing an access off of Valley other than the one already existing at Central.He felt the frontage road should serve the project and not have multiple entrances and exits directly from the mall. 15.Mr. Biallas felt that a covenant should be established for the construction of a light at the new access if it becomes necessary in the future.He felt that right turns only,both in and out,should be permitted.He felt the intersec tion at Central and Valley would need to be signalized.It was his opinion that a light on Stratford at the main entrance to the mall would be a bottle neck and a disaster.He felt it would be too close to the Highway 17 inter change and the existing light at Stratford and Valley. 16.Mr.Chandler felt that the proposed new access is too close to Stratford and the main access on Valley should be at Central.He was not opposed to the new access if it were a right turn only into the mall.He pointed out that the many entrances and exits at the Penn Plaza Mall create problems and he felt that should not be allowed to occur at this project.He felt the proposed traffic signal on Stratford is too close to the Highway 17 off ramp. 17.Joseph K.Gavinski,City Manager,stated that instead of a covenant,the prob lem could be handled by a contract with the developers. • 18.The representative from LADD mentioned that the proposed Valley Road access is more than two city blocks from Stratford. 19.Mr.Rimple pointed out that the main access to the mall is proposed to be from Stratford with a secondary access at Valley and Central.The Council does not want that access off of Valley to become a major entrance into the mall. 20.Mr.Biallas stated he was not in favor of a traffic light or left turns at the proposed Valley access. 21.Mr.Edwards felt that both right and left turns would have to be allowed since it will be a busy place. 22.There was considerable discussion by the Council on the possible traffic prob lems.It was the consensus of the Council that the Valley Road access could be allowed without a light so long as there are right turns only in and out of that access. CONCLUSIONS 1.The City Council of the City of Moses Lake is vested with the authority and has the jurisdiction under the law to amend a binding site plan within the city's corporate limits if the criterion required by law is met.^ CO2.There appears after the public meeting before the City Council on March 8,1988 £_ some opposition to the amendment.rv 3.The City Council is cognizant of the need to serve the welfare and best inter-W ests of the entire community,and believes that this amended binding site plan (Jl will serve the best interests of the residents of the City of Moses Lake and bears a substantial relationship to the public welfare of the entire community. DECISION 1.The amendment to the Big Bend Center Binding Site Plan is approved,the variance is granted with the stipulation that no occupancy permit be granted until all public and private street and utility improvements are accepted by the city,and a traffic light is to be installed,at the developer's expense, at Central Drive and Valley Road at the time the mall is built and a traffic light is to be installed,at the developer's expense,at the new intersection at the time the light is required by the city. Dated:March 16,1988 CITY OF MOSES LAKE