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2000 10 245663 MOSES LAKE CITY COUNCIL October 24,2000 Council Present: Richard Pearce, Chris Blessing,Larry Tracy, Tom Porter, Ron Covey,Lee Blackwell, and Brent Reese MINUTES:Mr.Blackwell moved that the minutes of the September 26 meeting be approved,seconded by Dr.Covey,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Dr.Covey moved that the bills,checks,and prepaid claims issued be approved,seconded ^)by Mr.Tracy,and passed unanimously. Vouchers audited and certifiedby the Finance Directoras requiredby RCW42.24.080,and those expense reimbursement claims certifiedas required by RCW42.24.090,have been recorded on 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 forthe Council meeting ofOctober 10,2000 forthe funds listedbelowareapprovedinthe amount of $586,938.14. GENERAL FUND $35,522.32 SANITATION FUND 8,401.99 STREET EQUIPMENT LEASES STREET IMPROVEMENT WATER/SEWER WATER/SEWER CONSTRUCTION WATER/SEWER LEASES STATE WATER POL D/S 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 has been recorded on a listing which has been made available to the City Council.The claims listed below are ap proved in the amount of$3,656.90 for all funds. GENERAL FUND $3,173.17 CENTRAL SERVICES 40.88 STREET 202.54 EQUIPMENT RENTAL 132.46 WATER/SEWER 104.27 BUILDING MAINTENANCE 3.58 [^J TOTAL $3,656.90 Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internalcontrolpolicyapproved bythe CityCouncilhas been recordedon a listing which has been made availableto the CityCouncil.The claims listed beloware ap proved in the amount of $2,016.17 for all funds. 31,140.42 AIRPORT 51.00 8,818.45 UMEMPL COMP INSURANCE 375.00 11,545.77 CENTRAL SERVICES 9,398.06 66,757.58 EQUIPMENT RENTAL 95,902.82 10,441.62 BUILDING MAINTENANCE 17,481.14 1,829.43 L I GUARANTY 80.00 40,602.09 TOTAL $338,347.69 u GENERAL FUND $1,871.52 STREET IMPROVEMENT 10.73 STREET 25.84 WATER/SEWER 76.84 STREET REPAIR/RECON 5.41 EQUIPMENT RENTAL 25.83 TOTAL $2,016.17 ClaimChecks:Checks 6710 through6903 issued on October 10 throughOctober 19,2000were approved for payment at the Council meeting held on October 24,2000 in the total amount of $899,725.63. Payroll:The payroll issued on October 13,2000 having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paidby checks 17356 through 17520 inthe total amount of $55,004.98. II.EMPLOYEE PRESENTATIONS -None III.CONSENT AGENDA -None IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS ORDINANCE -WHEELER ROAD ZONING -PUBLIC HEARING/SINGLE READING An ordinance was presented which amends the ordinance establishing the zoning for the Wheeler Road annexation.Staffdiscovered that a piece of property eliminated from the annexation was included in the zoning; the property has been deleted fromthe ordinance.Staffalso discovered that one piece of property was zoned both R-3 and Heavy Industrial.The Heavy Industrial zoning designation was eliminated. The public hearing was opened.There were no comments. Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Porter, and passed unanimously. )W \\o: 5664 CITY COUNCIL MINUTES: 2 October 24, 2000 The ordinance amending Ordinance No. 1957which establishes zoning forthe Wheeler Road annexation area was read by title only. ActionTaken:Mr.Porter moved that an emergency be declared and the ordinancebe adopted on a first reading,seconded by Mr.Blessing, and passed unanimously. ORDINANCES -TAX LEVY AND ASSESSED VALUATION -1ST READING/PUBLIC HEARING Ordinances were presented which fix the estimated amount tobe received bythe City ofMoses Lake from property taxes in2000 and sets the levy rate. The public hearing was opened.There were no comments. ActionTaken:Dr.Covey moved that the public hearing be closed, seconded by Mr.Reese,and passed unanimously. The ordinance fixing the amount to be received from municipal purposes from taxations on assessed valuations on property within the City of Moses Lake,Washington for 2001 was read bytitle only. Action Taken:Mr.Blackwell moved thatthe first reading of the ordinance be approved,seconded by Dr. Covey,and passed unanimously. The ordinance fixing the estimated amount to be received for municipal purposes from taxations on assessed valuationson property within the Cityof Moses Lake,Washington for 2001was readby title only. ActionTaken:Dr.Covey moved thatthe first readingofthe ordinance be approved,seconded by Mr.Porter, and passed unanimously. jf TOURISM COMMISSION Mr.Pearce,with the concurrence ofCouncil,appointed Steve McFarland to the Tourism Commission. MOSES POINTE -COMMUNITY STANDARDS VARIANCE o Scott Wagner,Moses Pointe,requested time beforetheCouncil to discuss the request for a variance to the Community Standards to allow the use of flanged bolt together fittings and valves,with restrained joints r-v calculated atworking pressure,for thewater main being constructed for Moses Pointe.' Joseph K.Gavinski,City Manager, pointed out that the city's Community Standardsdo notallowwhat Moses Pointe is requesting and so they are requesting a variance from the Council. Mike Moore,Moses Pointe,explained their reasons forthe request to use the flanged bolttogether fittings and valves,with restrained joints for the water main. Scott Wagner,Moses Pointe, explained the system they wished to use fortheir project. Gary Harer,Municipal Services Director,explained the reasons staff preferred what is required by the Community Standards. There was considerable discussion between the Council,the proponent,and city staff. ActionTaken:Mr.Blackwell moved that the request fora variance be denied,seconded by Dr.Covey,and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCES -I-695/I-722 IMPACTS -HOUSEKEEPING -SINGLE READINGS In 1999 several ordinances were adopted dealing with fees and charges.Inlightofthe status ofI-695 and I-722the AWC and some municipalattorneys have suggested a re-enactment of those ordinances ifa city wishes to ensure the continuation of those fees and charges. Action Taken:Dr.Covey moved that an emergency be declared and the ordinances be passed on a single f) reading,seconded by Mr.Reese,and passed unanimously. Ordinance -Garbage Collection 2000 -Single Reading The ordinance establishing charges for garbage collection for 2000 was read by title only. Action Taken:Mr.Porter movedthat the ordinancebeadopted on a single reading,seconded by Mr.Reese, and passed unanimously. // 6 tf Ordinance -Garbage Collection 2001 -Single Reading The ordinance establishing charges for garbage collection for2001 was read by title only. u 5665 CITY COUNCIL MINUTES:3 October 24,2000 ActionTaken:Mr.Porter moved thattheordinance be adoptedon a single reading,seconded by Mr.Reese, and passed unanimously. Ordinance -Park and Recreation Use Fees -Single Reading The ordinance amending Chapter 3.34 ofthe Moses Lake Municipal Code entitled"Parkand Recreation Use ///r Fees"was read by title only. ActionTaken:Mr.Porter moved thatthe ordinance be adopted on a single reading,seconded by Mr.Reese, and passed unanimously. Ordinance -Checks and Drafts -Single Reading The ordinanceamending Chapter3.38 ofthe Moses Lake Municipal Code entitled"Checks and Drafts"was read by title only. Action Taken:Mr.Porter movedthat the ordinance be adopted on a single reading,seconded by Mr.Reese, and passed unanimously. Ordinance -Development Review and Permit Fees -Single Reading The ordinance amending Chapter 3.54 ofthe Moses Lake Municipal Code entitled "Development Review and Permit Fees"was read by title only. Action Taken:Mr.Porter movedthatthe ordinance be adopted on a single reading,seconded by Mr.Reese, and passed unanimously. Ordinance -Water Connection Fees -Single Reading Theordinance amending Chapter3.58ofthe Moses Lake Municipal Codeentitled "WaterConnection Fees" was read by title only. Action Taken:Mr.Porter moved that theordinance be adopted on a single reading,seconded by Mr.Reese, and passed unanimously. Ordinance -Licensing Regulations -Single Reading The ordinance amending Chapter 5.04 ofthe Moses Lake Municipal Code entitled "Licensing Regulations" was read by title only. ActionTaken:Mr.Porter moved thatthe ordinancebe adopted onasingle reading,seconded by Mr.Reese, and passed unanimously. Ordinance -Itinerant Merchants and Vendors -Single Reading The ordinanceamending Chapter 5.07 ofthe Moses Lake Municipal Code entitled"Itinerant Merchantsand Vendors"was read by titleonly. Action Taken:Mr.Porter movedthatthe ordinance beadopted onasingle reading,secondedbyMr.Reese, and passed unanimously. Ordinance -Circuses and Carnivals -Single Reading The ordinance amending Chapter 5.16ofthe MosesLakeMunicipal Codeentitled "Circuses and Carnivals" was read by title only. Action Taken:Mr.Porter moved that theordinance beadopted onasingle reading,seconded byMr.Reese, and passed unanimously. Ordinance -Pawnbrokers and Secondhand Dealers -Single Reading The ordinance amending Chapter 5.22 of the Moses Lake Municipal Code entitled "Pawnbrokers and ()Secondhand Dealers"was read by titleonly. Action Taken:Mr.Porter movedthatthe ordinance beadopted onasingle reading,secondedby Mr.Reese, and passed unanimously. Ordinance -Solicitors -Single Reading The ordinance amending Chapter 5.36 oftheMoses Lake Municipal Code entitled "Solicitors"was read by title only. Action Taken:Mr.Porter movedthatthe ordinance beadoptedonasinglereading,seconded by Mr.Reese, and passed unanimously. //-/(* <o< ^j6 A j6A lOloX 5666 CITY COUNCIL MINUTES:4 October 24,2000 iQb2-Ordinance -Taxicabs -Single Reading The ordinance amending Chapter 5.40 ofthe Moses Lake Municipal Code entitled "Taxicabs"wasread by title only. Action Taken:Mr.Porter movedthattheordinance be adopted ona single reading,secondedbyMr.Reese, and passed unanimously. 0[p Ordinance -Animal Control -Single Reading The ordinance amending Chapter 6.05 ofthe Moses Lake Municipal Code entitled "Animal Control"was read by title only. Action Taken:Mr.Porter moved that theordinance beadopted onasingle reading,seconded byMr.Reese, and passed unanimously. 11-^3 Ordinance -Burglar Alarm Systems -Single Reading Theordinance amending Chapter 8.24 ofthe Moses Lake Municipal Code entitled "Burglar Alarm Systems" was read by title only. Action Taken:Mr.Porter moved thattheordinance beadopted ona single reading,seconded byMr.Reese, and passed unanimously. j\63 Ordinance -Fire Alarms -Single Reading The ordinanceamendingChapter8.26 ofthe Moses Lake Municipal Code entitled "Fire Alarms"was read by title only. ActionTaken:Mr.Porter movedthatthe ordinancebeadoptedonasingle reading,seconded by Mr.Reese, and passed unanimously. \q£1 Ordinance -Parking Regulations -Single Reading The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled"ParkingRegulations" was read by title only. Action Taken:Mr.Porter moved that the ordinance be adopted on a single reading,seconded by Mr.Reese, and passed unanimously. \{jp\Ordinance -Street Vacation -Single Reading The ordinance amending Chapter 12.44 of the Moses Lake Municipal Code entitled "StreetVacation"was read by title only. Action Taken:Mr.Porter movedthat theordinance beadopted on a single reading,seconded by Mr.Reese, and passed unanimously. /o'P Lfoi 93 ^ Ordinance -Water and Sewer Rates -Single Reading The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water and Sewer Rates"was read by title only. ActionTaken:Mr.Porter moved that the ordinance be adopted on a single reading,seconded by Mr.Reese, and passed unanimously. Ordinance -Moving Buildings -Single Reading The ordinanceamendingChapter16.16ofthe Moses Lake Municipal Code entitled "Moving Buildings"was read by title only. ActionTaken:Mr.Portermoved thatthe ordinance be adopted on asingle reading,seconded by Mr.Reese, and passed unanimously. Ordinance -Radio Antenna -Single Reading The ordinanceamending Chapter16.32ofthe Moses Lake Municipal Code entitled "RadioAntenna"was read by title only. Action Taken:Mr.Porter moved that theordinance be adopted on a single reading,seconded by Mr.Reese, and passed unanimously. qP\Ordinance -Short Subdivisions -Single Reading The ordinance amending Chapter 17.13 of the Moses Lake Municipal Code entitled"Short Subdivisions" was read by title only. O n n u 5667 CITY COUNCIL MINUTES:5 October 24,2000 ActionTaken:Mr.Porter moved thattheordinance be adopted on a single reading,seconded by Mr.Reese, and passed unanimously. Ordinance -Maior Subdivisions -Single Reading /O/fI The ordinance amending Chapter 17.17 of the Moses Lake Municipal Code entitled "MajorSubdivisions" was read by title only. Action Taken:Mr.Porter movedthatthe ordinance be adopted on a single reading,seconded by Mr.Reese, and passed unanimously. Ordinance -C-2.General Commercial and Business Zone -Single Reading /^O The ordinance amending Chapter 18.32 of the Moses Lake Municipal Code entitled "C-2, General Commercial and Business Zone"was read by title only. Action Taken:Mr.Porter moved thatthe ordinance beadopted on a single reading,seconded by Mr.Reese, and passed unanimously. Ordinance -Signs and Billboards -Single Reading /nS^ The ordinance amending Chapter 18.56 ofthe Moses Lake Municipal Code entitled "Signs and Billboards" was read by title only. Action Taken:Mr.Porter movedthattheordinance be adoptedon a single reading,seconded by Mr.Reese, and passed unanimously. Ordinance -Planned Development District Zone -Single Reading The ordinance amending Chapter 18.67 ofthe Moses Lake Municipal Code entitled"Planned Development District Zone"was read by title only. ActionTaken:Mr.Portermoved thatthe ordinance be adopted on a single reading,seconded by Mr.Reese, and passed unanimously. Ordinance -Public Hearing Procedures -Single Reading The ordinance amending Chapter 18.72 of the Moses Lake Municipal Code entitled "Public Hearing Procedures"was read by title only. ActionTaken:Mr.Portermoved thatthe ordinance be adoptedon a single reading,seconded by Mr.Reese, and passed unanimously. VII.REQUESTS TO CALL FOR BIDS VEHICLES Staff requested authorization to call forbids for one police car, two extended cab pickups,and a utilitybox and crane for the wastewater division's new utilitytruck. Action Taken:Mr.Reese moved that staff be authorized to call forbids ,seconded by Mr.Blessing, and passed unanimously. VIII.REFERRALS FROM COMMISSIONS ORDINANCE -HOME OCCUPATIONS -SINGLE READING An ordinance was presented which amends the Home Occupation regulations by adding massage therapy as an allowable use and prohibiting a taxi business as a home occupation.The Planning Commission recommended that the ordinance be approved. Gilbert Alvarado,Community Development Director,stated that this amendment came about because of i j a request from a massage therapist who applied for a home occupation which was denied.There is no ^-^definition that distinguishes between a massage therapist and a massage parlor.The staff took it before the Planning Commission and itwas determined to add massage therapist as a home occupation.During discussions it was determined that a taxi business should be prohibited as a home occupation. Dr.Covey mentioned that a massage therapist is required to obtain a license from the state and he suggested that "licensed"be added to the ordinance as it pertains to a massage therapist. The ordinance amending Chapter 18.55 of the Moses Lake Municipal Code entitled "Home Occupations" was read by title only. ActionTaken:Mr.Blessing moved thatthe ordinance be amended by adding"licensed" infrontof massage therapists, the first reading of the ordinance be approved, and the second readingand a publichearing be set for November 14,seconded by Mr.Blessing,and passed unanimously. /0$7 70/7 /osy 5668 CITY COUNCIL MINUTES: 6 October 24,2000 ,.u-A NON-CONFORMING USE -GUIJOSA idJ " Gerardo Guijosa has submitted a requestto construct an additionto his residence located at 10902 Farmer Drive.The area is zoned Heavy Industrial and residential uses are non-conforming uses. The Planning Commission recommended that a building permit be issued for this project.The property is currently unplatted and staff would recommend that Mr.Guijosa be allowed to build on unplatted property.The Commissionalso recommended thata process be established so thatstaffcouldissue building permitsfor non-conforming residential uses within the recentlyannexed property withoutthe property owners having to go through the non-conforming use process. Gilbert Alvarado,Community Development Director,mentioned thatifthe Council did notwishtomakeany changes tothe regulations governing non-conforming uses, the Planning Commissionsuggested thatthe residential area along Farmer Drive be rezonedto R-3,Multi-family Residential. Dr.Covey felt thata process shouldbe established so thatstaffcouldhandlethe non-conforming uses but also felt that the area along Farmer Drive should be rezoned R-3. Hedidnot feel that residential uses should be allowedina Heavy Industrial Zone. The resolution allowing Gerardo Guijosa to build on unplatted property was readby title only. Mr.Blessing moved that the staff be directed to issue a building permit for the remodel proposed by Mr. Guijosa and that the resolution allowing Mr.Guijosa to build on unplatted propertybe adopted,seconded by Mr.Tracy, and passed with Dr.Covey opposed. There was some discussion by the Council on the history of the zoning of this area. Action Taken:Dr.Covey moved that staff be directed to begin the process to rezone the residential area along Farmer Drive from Heavy Industrial to R-3, Multi-family Residential,seconded by Mr.Blackwell. There was some discussion by the Council. The motion passed unanimously. •a[^DORSING FIRST SHORT PLAT -VARIANCE REQUEST PhilBloom, Columbia Northwest Engineering,submitted a preliminary platfora six lotshort platlocated on r-\ Peninsula Drive north of Pommerstreet. The following variances were requested:' 1.Design and construct street,curb, gutter and sidewalk along Peninsula Drive forthat portion of Peninsula Drive that abuts the proposed plat. 2. Design and construct street and utility improvements on Dorsing Drive forthat portionof Dorsing Drive that abuts the proposed plat. 3.Configurations for lots 1 and 6 greater than 20%perpendicular oflot lines. The Planning Commission recommended that the variances be granted withthe stipulationthat a covenant run with the land for the construction of the improvements at a later date. Action Taken:Mr.Blessing movedthat thevariances be granted with the stipulation that a covenantrunwith the land for construction of the improvements at a future date, the comments of the City Engineer be addressed,and the Dorsing Preliminary Plat be approved,seconded by Mr.Reese,and passed unanimously. Xqo n }l% IX.OTHER ITEMS FOR COUNCIL CONSIDERATION ACCEPT WORK -CASCADE PARK SOCCER FIELD PROJECT Marchand Construction has completed the 1999 Cascade Park Soccer FieldProject.This projectconsisted of grading, installing an irrigation system,and seeding.The work should be accepted and the 30-day lien period entered into. Joseph K.Gavinski,City Manager,stated that the project was not completed as well as the city had hoped _. and the city staffisgoing tohavetodoa lot of hand work.^(j Gary G. Harer, Municipal Services Director,mentioned that there were more rocks and less top soil than anticipated and while such problems can be worked out with some contractors,it did not happen with Marchand Construction. There was some discussion by the Council and itwas pointed outthatthe city has had problems in working with Marchand Construction in the past but that by state law a contract must be awarded to the low bidder unless that contractor can be declared a non-responsive bidder,which is difficult to do. ActionTaken:Mr.Tracy movedthatthework beaccepted and the 30-day lien period entered into,seconded by Mr.Blessing,and passed with Dr.Covey opposed. 5669 CITY COUNCIL MINUTES:7 October 24,2000 X.PUBLIC QUESTIONS AND COMMENTS -None XI.COUNCIL QUESTIONS AND COMMENTS MUNICIPAL AIRPORT Mr.Pearce stated that a design study was done by Airside and distributed a conceptofthe development of the Municipal Airport. /6)0(c> ^ROUNDABOUTS Dr.Covey mentioned that people are stillinghaving problems understanding how the roundabouts work. There was some discussion and it was felt that people need additional time to become familiarwith them. XII.CITY MANAGER REPORTS AND COMMENTS COMPREHENSIVE PLAN kJ ^J Joseph K.Gavinski, City Manager,stated that the Planning Commission is still working on the Comprehensive Plan.The Plan has also been submitted to the Washington State Community Trade and Economic Division for their comments. BUDGET STUDY SESSIONS Joseph K.Gavinski,City Manager,reminded the Council that budget study sessions have been set for November 1 and 2. FINANCIAL REPORTS Joseph K.Gavinski,City Manager,distributed the third quarter financial reports. UNIFORM CRIME REPORTS Joseph K.Gavinski, City Manager, distributed the 2000 crime statistics. This report shows a decrease in crime in the city. PARK AND RECREATION COMPREHENSIVE PLAN JQ5'7JosephK.Gavinski,City Manager,stated that consultants have presented proposals for a Parks and —-"", Recreation Comprehensive Plan.Acommittee is being formed to review those proposals.//$3 Mr.Blackwell and Dr.Covey volunteered to serve on the committee to select the consultant. SALES TAX Joseph K.Gavinski, City Manager, distributed a reportwhich outlines the circumstances that can cause a decline in the city's sales tax revenues. POPULATION Josephk.Gavinski,City Manager,distributed anewspaperarticle which statesthatMosesLake'spopulation increased 35%between 1990 and 1999.This percentage actuallycame fromanestimation fromthe federal government effective 7/1/99, which states Moses Lake's population is 16,304.The state shows Moses Lake's population as 14,290,as of7/1/00. Therewas some discussion anditwas pointed outthatifacityobjectstothe state's population figures,the only way to get them changed is to do an actual census count. The regular meeting was recessed at 9:35 and the Council met in an executive session to discuss real estate. The executivesessionwas adjourned at 10:15 p.pa^The regular meeJiDg^waa^djourned at 10:15 p.m. Mayor )09~ //3t> )/7? //*r c //07?