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1999 07 135490 MOSES LAKE CITY COUNCIL July 13,1999 Council Present: Richard Pearce,Daryl Jackson,Lee Blackwell, Grant Nichols,Wayne Rimple, and Bob Chapman Absent:Ron Covey MINUTES:Mr.Jackson movedthatthe minutes ofthe June 22 meeting be approved as submitted,seconded by Mr.Blackwell, and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ActionTaken:Mr.Blackwell moved thatthe bills,checks, and prepaid claimsissued be approved,seconded [l by Mr.Nichols,and passed with Mr.Rimple abstaining from voting for that portion of the bills for Faber Industrial Supply and Moses Lake Steel Supply. Vouchersaudited and certified bythe Finance Director as required byRCW42.24.080,andthose 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 includedon the below listas modifiedby the Counciland noted upon said listforthe Council meeting of July 13,1999 forthe funds listed below are approved inthe amount of $564,939.28. GENERAL FUND $100,136.93 SANITATION BILLING 71,434.74 STREET 62,401.00 AIRPORT 616.30 STREET REPAIR/RECON 393.45 SELF-INSURANCE 2,365.41 GOB 1993 REDEMPTION 2,643.09 CENTRAL SERVICES 15,122.33 PARK &REC IMPROVEMENT 180.90 EQUIP RENTAL-OPERATION 41,204.43 WATER/SEWER FUND 49,156.78 BUILD MAINT-OPERATION 36,614.95 1992 BOND FUND 40.00 FIREMANS PENSION 11.00 WATER/SEWER CONSTRUCTION 148,012.71 MOSES LAKE YPTF 992.82 SANITATION FUND 33,515.24 Lid #53 40.00 TOTAL $564,939.28 PrepaidClaims:Prepaidclaims approved bythe CityManageraccordingtothe process established by Moses Lake Municipal Code 3.42.030 and the internalcontrol policyapproved by the City Council have been re corded on a listingwhich has been made availableto the CityCouncil.The claims listed below are approved in the amount of $292,930.82 for all funds. ^j V GENERAL STREET STREET IMPROVEMENT l=ARKS &REC IMPROVEMENT WATER/SEWER FUND $146,465.41 SANITATION BILLING 7,975.884 22,847.66 CENTRAL SERVICES 6,618.70 43.13 EQUIP RENTAL -OPERATION 38,345.34 5,350.00 BUILD MAINT-OPERATION 43,327.74 17,854.72 FIREMANS PENSION 4,102.24 TOTAL $292,930.82 Prepaid Checks:Checks 460 through 690 issued between June 16,199 and July 9,1999 were approved for payment at the Council meeting held on July 13,1999 in the total amount of $1,159,746.70. Payroll:The payroll issued on June 25,1999 having been approved pursuantto the rule ofthe City Council set forth in Moses Lake MunicipalCode 3.42.040,was paid by checks 10245 through 10499 in the amount of $72,275.79. Payroll:The payroll issued on June 30,1999 having been approved pursuantto the rule ofthe City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 10500 through 10506 in the amount of$1,014.62. Payroll:The payroll issued on July 9,1999 having been approved pursuant to the rule ofthe City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 10507 through 10765 in the amount of$77,900.57. II.EMPLOYEE PRESENTATIONS Municipal Services Department:Dean Turnerwas presentedwith his Professional Land SurveyorCertificate. Employee Service Certificates: David Thompson,Eng.Tech II,and Ron Cone,Finance Director,were presented with a Certificate of Recognition and Appreciation for 10 years of service to the city. Dean Mitchell,Asst.Police Chief, Dave Helms, FireChief, and Joe Gavinski,City Manager,were presented with a Certificate of Recognition and Appreciation for20 years of service to the city. /c/s 5491 CITY COUNCIL MINUTES: 2 July 13,1999 III.CONSENT AGENDA iQj^Resolution -Accept Easement -Dabalos:A resolution was presented which accepts a resolution from 'Rodolfo and Carlotta Dabalos for thetraffic signal installation andmaintenance atPioneer Wayand Sharon Avenue. J0/3 Resolution -Grant Easement -Grant County PUD:Aresolution was presented which grants an easement /to the Grant County PUD for the installation ofa street light at 923 Garden Drive. JO1/^Resolution -Accept Donation -Moses Lake/Othello Association of Realtors:Aresolution was presented >-v 'which accepts $2,565 from the Moses Lake-Othello Association ofRealtors to be used for the creation of (> specialized recreation programs. Action Taken:Mr.Rimple moved that the Consent Agenda be approved,seconded by Mr.Blackwell, and passed unanimously. Ill i/s IV.CONSIDERATION OF BIDS 1999 SIGNAL PROJECT The city has received two bids for the 1999 signal project which includes a new signal at PioneerWay and Sharon Avenue,addition ofa leftturn signal at PioneerWay and Third Avenue,and a signal atThird Avenue and Dogwood Street.The project willbe partially funded by a TIB grant and the Moses Lake School District will contribute $10,000 forthe signal at Third Avenue and Dogwood Street. Mr.Jackson stated that he would abstain from voting since he serves on the TIB Board. Action Taken:Mr.Nichols moved that the bid be awarded to Aztech in the amount of $422,386,seconded by Mr.Rimple, and passed with Mr.Jackson abstaining. CASCADE PARK SOCCER FIELD The bids received for the Cascade Park Soccer Field Project were presented Action Taken:Mr.Jackson moved that this item be removed from the table,seconded by Mr.Nichols, and passed unanimously. Action Taken:Mr.Jackson moved that the bid be awarded to Marchand Construction in the amount of $249,772.60,seconded by Mr.Nichols. Mr.Chapman wanted to know how this project would be funded. Joseph K.Gavinski,City Manager,stated that $120,000 has been budgeted and the city has received a substantial donation toward this project.The balance willcome from the proceeds ofthe sale ofthe loton Lakeside Drive,the savings on the lighting projecton Larson Playfield and the remaining funds will come from the Water and Sewer Fund and the General Fund. Mr.Chapman pointedoutthatthe soccer fieldsare needed butthere isalso the ice skating rinkprojectwhich needsto be completed.He pointedoutthatthe soccerfield projecthas increased tremendously since itwas discussed during retreat and there seems to be no funds available to finishthe ice skating rink. Sandy Homey pointed out that there is currently a shortage of soccer fields in Moses Lake and soccer is continuingto growin popularity.There are about 800 soccer players on 60 teams and the qualityof soccer is very high. Mr.Nichols pointed out that the city has received a good bidon this projectand withthe donation from Mrs. Kvamme would suggest that the fields be named in honor of Dr.Kvamme. The motion passed with Mr.Chapman opposed. V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS jQ^J*WHEELER ROAD ANNEXATION f~*) The Wheeler Road PetitionforAnnexation has been certifiedforsufficiency bythe GrantCounty Assessor. The CityCouncilmay now entertain the annexation petition and fix a date fora publichearingto consider the annexation petition. ActionTaken:Mr.Jackson moved thatthe annexation petition be accepted and a public hearing be set for August 10,1999,seconded by Mr.Blackwell, and passed unanimously. n 5492 CITY COUNCIL MINUTES: 3 July 13,1999 USE OF CITY PROPERTY -COWBOY BREAKFAST/SIDEWALK SALE _,., The Moses Lake Business Association hasrequested theuseofa portion ofSinkiuse Square onAugust 13,_^-—-T""'1999 from 6a.m.to 11 a.m.for the annual Cowboy Breakfast sponsored by the Kiwanis Club.They also //// requested the use of city sidewalks fora sidewalk sale on August 13 and 14 during regular business hours. Action Taken:Mr.Blackwell moved thatthe request to use city property be approved,seconded by Mr. Nichols,and passed unanimously. MCCOSH PARK -CAMPING U 1 /007 The Manta Ray Swim Team has requested the use of McCosh Park forovernightcamping during their swim meet on July 16,17,and 18,1999 since Lions Field is not available again this year. Only tents would be allowed on the grass.RV'sand tenttrailers would be required to remain in the parking lot. Itwas suggested thatthe Parks Department outline the camping areasandthe Manta Rays sill postsigns.The camping area will be policed by the Manta Ray organization. Action Taken:Mr.Nichols movedthat the requestforcamping in McCosh Park be granted,seconded by Mr. Blackwell. Jerry Thaut, Parks and Recreation Director,stated that next year the camping will probably be again at Frontier Middle School since the construction should be completed. Mr.Rimple pointed out that itis only due to the unique circumstances relatingto the construction at Frontier Middle School and the unavailabilityof Lions Fieldfor camping that overnight camping is being allowed in McCosh Park for this activity. The motion passed with Mr.Jackson opposed. RESOLUTION -SIX YEAR STREET PROGRAM -PUBLIC HEARING A resolution was presented which establishes the 2000-2005 Six Year Program. The public hearing was opened.There were no comments. — ActionTaken:Mr.Nichols moved that the publichearing be closed,seconded by Mr.Rimple, and passed t J with Mr.Jackson abstaining. The resolution amending the Six Year Street Construction Program for 2000-2005 was read by title only. Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Mr.Blackwell, and passed with Mr.Jackson abstaining due to a conflict of interest. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND PARKING REGULATIONS -2ND READING An ordinance was presented which prohibits parking on the north side of Nelson Road from Clover Drive to 200 feet west.This will allow traffic from Clover Drive to turn right onto Nelson Road when the west bound Nelson Road traffic is backed up to take a left into the school parking lot. The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations" was read by title only. Action Taken:Mr.Nichols moved that the second reading of the ordinance be adopted,seconded by Mr. Blackwell, and passed unanimously. ORDINANCE -UTILITY OCCUPATIONAL TAX -SINGLE READING An ordinance was presented which amends the city's utility occupational tax and extends the effective date for Ordinance No.1852,which reduced the utilityoccupational tax city-wide, to January 1,2000. {^J The ordinance amending Chapter 3.30 ofthe Moses Lake Municipal Code entitled "Utility Occupational Tax" was read by title only. Action Taken:Mr.Rimple movedthat an emergency bedeclared and the ordinance be adopted on a single reading,seconded by Mr.Blackwell, and passed unanimously. //77 /0£7 //</& 5493 CITY COUNCIL MINUTES: 4 July 13,1999 iq£1/ORDINANCES -AMEND RESIDENTIAL ZONES -SINGLE READING Ordinances were presented which amend the residential zones to allow the construction offences,walls, and hedges on exterior side yards ofcorner lots up to 8' in height. The ordinance amending Chapter 18.16 ofthe Moses Lake Municipal Code entitled "R-1,Single Family Residential Zone"was read by title only. Action Taken:Mr.Jackson moved that an emergency be declared and the ordinance be passed on a single reading,seconded by Mr. Nichols,and passed unanimously. The ordinance amending Chapter 18.19 oftheMoses Lake MunicipalCode entitled "R-2,Single Familyand Two Family Residential Zone"was read by title only. Action Taken:Mr.Nichols movedthat an emergency be declared and the ordinance be passed on a single reading,seconded by Mr.Jackson,and passed unanimously. The ordinance amending Chapter 18.22 of the Moses Lake Municipal Code entitled "R-3,Multi-family Residential Zone"was read by title only. Action Taken:Mr.Blackwell moved that an emergency be declared and theordinance be passedon a single reading,seconded by Mr.Rimple, and passed unanimously. The ordinance amending Chapter 18.25ofthe Moses Lake MunicipalCode entitled "R-4,Residential Zone" was read by title only. Action Taken:Mr.Jackson moved that an emergency be declared and the ordinance be passed on a single reading,seconded by Mr. Nichols,and passed unanimously. n |0^ s iok Itfo ORDINANCE -OFFICE HOURS -1st READING An ordinance was presented which deletes Chapter 2.90. This chaptersetthe office hours for the Finance Department at 9 a.m. to 5 p.m. With the new utility billing system and drop box payment system,itwas felt that the Finance Department hours should be the same as all other city departments. The ordinance deleting Chapter 2.90 ofthe Moses Lake Municipal Code entitled "Office Hours"was read _^ by title only.f) Action Taken:Mr.Jackson moved that the first reading of the ordinance be adopted,seconded by Mr. Nichols,and passed unanimously. ORDINANCE -WATER AND SEWER CONNECTIONS -1st READING An ordinance was presented which updates the legal description of property which has been provided city water and sewer service in the Laguna area and for which funds are still owning. The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. Action Taken:Mr.Nichols moved that the first reading of the ordinance be adopted,seconded by Mr. Rimple, and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS ORDINANCE -BROADWAY BUSINESS PARK SOUTH ZONE CHANGE -1st READING BobFancher,Desert Investment,Inc.,hassubmitted a request fora zonechangeofthe Broadway Business Park South Major Plat and the proposed Broadway Business Park South Short Plat from Light Industrialto C-2,General Commercial and Business.The rezone is sought inorder to allow commercial uses on this property without having to request a conditional use permit. The ordinance amending Chapter 18.09 ofthe Moses Lake Municipal Code was read by title only. Action Taken:Mr.Jackson moved that the first reading of the ordinance be adopted and a public hearing and the second reading of the ordinance be set for July 27,seconded by Mr.Chapman,and passed unanimously. n 5494 CITY COUNCIL MINUTES: 5 July 13,1999 IX.OTHER ITEMS FOR COUNCIL CONSIDERATION DRIVEWAY VARIANCE -BILL'S MARKET )W A variance to the driveway standards has been requested for Bill's Market located at 2224 W.Broadway. The request is to replace a 30'wide driveway with a 50*wide driveway which will be located next to the northeast property line,within 40'of a streetintersection and within 16'oftheadjacent driveway on the same lot.There are currently four curb cuts on this property. Gary G. Harer, Municipal Services Director,stated that there is currently 4 driveways into this property. \^J There previously was 5 but one was removed when the property was remodeled.All ofthedriveways are nbn-conforming but they are existing.He stated that staffwould recommend that the driveways designated A and B be eliminated and add one 40'widedriveway.This would eliminate one driveway and increase the distance from the property line of the driveway. Ken DeLong,representing the project,stated that they wish to make it easier and safer for larger vehicles to access the site.The driveway staff is recommending be removed services the gas islands up front.The requested driveway is for the diesel island which accommodates larger vehicles. There was some discussion by the Council concerning the request and the removal and/or relocation ofthe existing driveways and the proposed new driveway. Action Taken:Mr.Nichols moved that the request be tabled until clarification of the driveway locations is provided,seconded by Mr.Blackwell, and passed unanimously. DRIVEWAY VARIANCE -LES SCHWAB Les Schwab has requested a variance to the driveway standards in order to construct a 25'wide driveway on Date Street that is within 25' of the right-of-way of East Broadway. Gary G.Harer,Municipal Services Director,stated that it will be a safer situation ifthe driveway on East Broadway is eliminated and relocated to Date Street,even though itdoes not meetCommunity Standards. Action Taken:Mr.Jackson moved that the variance request be granted,seconded by Mr.Nichols, and passed unanimously. 1/9* u ORDINANCE -AMEND NON-CONFORMING USES ^//C&' u An ordinance was presented which amends the non-conforming use regulations which would eventually eliminate non-conforming uses or convert them to a conforming use. Joseph K.Gavinski,City Manager,stated that the ordinance is being presented to the Council as an informational item and to show the progress staff is making on redrafting the ordinance.There are some uses,such as Vem's Meats, that have not yet been addressed in this ordinance.Staff is looking for additional direction and comments from the Council. Mr.Rimple was concerned that an existing business,which becomes non-conforming due to annexation or zone changes,wouldonlyhave 7 years tocontinue operation. Hewas also concerned thatthe Councildoes not yet know what non-conforming uses are existing inthe city. Mr.Chapman wanted to know the type and number of non-conforming uses that exist inthe city. Mr.Gavinski stated that staff is looking into the number of non-conforming uses inthe city. He pointed out tnat the non-conforming mobile home parks are what initiateddiscussions on this issue and there may be otherwaystodealwith the problems inthose parks.HementionedthatCommunity Developmenthas been working withthe residentsofthe non-conforming use parksandtherehas been avast improvementinthose parks. He pointedout that there are other non-conforming uses in existence besides the mobile home parks. There was considerable discussion by the Council concerning non-conforming uses in the city, including group homes in residential areas. Action Taken:Mr.Rimple moved that this item be tabled,seconded by Mr.Jackson,and passed unani mously. Staff was directed to provide additionalinformationon existing non-conforming uses inthe city. X.PUBLIC QUESTIONS AND COMMENTS -None 12 \0°i \0& 5495 CITY COUNCIL MINUTES: 5 July 13,1999 XI.COUNCIL QUESTIONS AND COMMENTS GROWTH MANAGEMENT Mr.Chapman stated that contraryto the statements inthe letter from LeroyAllisondated July 9,1999,which was sent to all Councilman,all information and comments received at the meetings between the city and county were relayed to allthe City Council members.He was also concerned about the attempt by Grant County to unilaterally amend the County-Wide Planning Policies. Joseph K.Gavinski,City Manager,stated that Grant County called a meeting ofthe County-Wide Planning Policies Committee to discuss possible discrepancies between the policies and the proposed Grant County Comprehensive Plan.There was no quorum but the county explained their proposed changes to the policies.Itwas pointed out by the cities presentthat the policies should drive theComp Plan;the Comp Plan should not drive revisions to the policies. Itwas pointed outthatchangesto the policies becauseof changes in state law are understandable but changes to the policies for the convenience of the Comp Plan are not appropriate.The County Commissioners will set another meeting to discuss the proposed changes. Mr.Chapman felt that the letter was drafted by Mr.Cearns as well as the revisions to the County-Wide Planning Policies. He felt that the level of revisions suggests that the policies are not important and he wanted to know if the city has received any comments from the county staff, Planning Commission,or Commissioners about the revisions. Gilbert Alvarado,Community DevelopmentDirector,stated that the Findings of Fact on the Comprehensive Plan were drafted by Mr.Cearns.Mr.Cearns informed the County Planning Commission that the findings wereto helpthe Commission with a recommendation to theCounty Commissioners.He stated thatcity staff has pointed out several times some of the inconsistencies in the findings. He mentioned that city staff has mentioned to the County Planning Commission at every opportunity the importance of the County-Wide Planning Polices to the Grant County Comprehensive Plan. Mr.Jackson pointed outthat in spite ofthe money that has been spent on the Comprehensive Plan,the fact that itis not in compliance with the County-Wide Planning Policies makes ita moot document. Mr.Gavinski pointed out that the findings support the recommendation from the Planning Commission to the County Commissioners.IftheCounty-Wide Planning Policies are inconflictwith state law,theywillhave to be amended.The difficulty arises when the Policies are changed to make itconformto the Comprehen sive Plan.He pointed out that the Comprehensive Plan will bethe questionable document if it conflicts with ^^^ the Policies.() 2000 BABE RUTH WORLD SERIES Mr.Chapman was concerned that the letter sent to Randy Boruff about the city's participation in the 2000 Babe Ruth World Series seems to indicate that the city is willing to provide funds for the event.He stated that he would beinfavor oflending assistanceto this event inthe use of city facilitiesbut would be opposed to providing funds,specifically underwriting the $40,000 necessary to host the world series. Joseph K.Gavinski,City Manager,stated that the letter does indicate that any payment of any partof the $40,000 would require a further presentation before the Council but a clarificationcan be sentto Mr.Boruff. Mr.Pearce felt that the city is in favor of the event and would be willingto back the idea of the required $40,000 but the city is not the entity that will pay the $40,000. The city was toldthat the $40,000 would be raised in other ways. Mr.Nichols was in favor of the event and would have no problem with providing the $40,000 if necessary as he felt itwould covered by corporate sponsors. Mr.Jackson pointed out that Mr.Boruff informed the Council that he would be getting $5,000 from eight corporate sponsors. Mr.Gavinski stated that a letter of clarificationwould be forwarded to Mr.Boruff pointing out the position of the Council. GROWTH MANAGEMENT Mr.Chapman pointed out that the County Commissioners have provided a definition of"resource-based industries". Itwas his understanding that a resource-based industrywould be one that had to do with the processing of a rawmaterial,not necessarily one that provides other services.He questioned the county's positionthat Willamette Industries would be a resource-based industry because itwas remotely connected with forestry. He feltthat the County should be informed that the Council does not agreewiththe definition provided. n r> 5496 CITY COUNCIL MINUTES:7 July 13,1999 XII.CITY MANAGER REPORTS AND COMMENTS I-90 INTERCHANGE Joseph K. Gavinski, City Manager,stated that the city has received information from the Department of Transportation concerning the interchange at I-90and West Broadway.The DOTindicates that the project willgo to bid in October 1999 with construction to begin in 2000. JAPANESE GARDEN COMMITTEE K^J Joseph K.Gavinski,City Manager,stated that the Japanese Garden Committee,in a July 9letter,seems to have committed to placing the Japanese Garden inthe Three Ponds area.The letter also statesthat the Committee is confident that the city will give the same attention to the maintenance and upkeep of the Garden as it does to its other parks and public places.He mentioned that there is an issue with the Department of Transportation which is concerned that the Japanese Garden would becomea seed source for non-native plants which willbecomeestablished in the mitigation area.They were also concerned about the use of herbicides and pesticides in the Garden which would leach into the mitigation area. There was some discussion concerning the placement ofthe Japanese Garden in this location. INVESTMENT REPORT Joseph K.Gavinski,City Manager,stated that the city received $58,676.32 in investment income for June /003 1999. SALES TAX AND TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,reported that in June the city received $277,214.92 in sales tax and $20,105.12 in transient rental income. BUILDING ACTIVITY REPORT Joseph K.Gavinski, City Manager, distributed the buildingactivity report through June 1999. GROWTH MANAGEMENT (i Joseph K.Gavinski,City Manager,presented Grant County's definition ofanatural resource-based industry./OtO ICE SKATING FACILITY Joseph K.Gavinski,City Manager,distributed areport on the progress of the ice skating rink.He mentioned ///d that there are three issues:the timing of the work of the consultant, the timing of the work done by the Engineering Division,and the costoverwhat is being paid to the consultant and for the equipment.There was about $150,000 budgeted of which $25,000 is left. Doingthe minimum amount of work will run about $100,000 and doing the total job will run about $220,000. There was some discussion by the Councilon this projectand the fact that the number of projects being worked on is puttinga strain on the Engineering Division.Itwas pointed out that the city is inthe process of hiringan additional engineerto help with the work load. Staff was requested to provide information on how much engineering time is being spent on the various projects. the regular meeting was adjourned at9:40 p.m. ATTEST:Mayor -?/Q''7 s&/O &30f)