1994 10 11<J
4917
MOSES LAKE CITY COUNCIL
October 11,1994
Council Present:Wayne Rimple,Dick Collier,Richard Pearce,Chet Paine, Bob Chapman,Daryl Jackson,
and Bill Reese
MINUTES:Mr.Chapman requested that the minutes be amended as follows:under the growth manage
ment item,delete "ifthe city has to have" and insert "why the city was not asking for"public participation.
Mr.Pearce moved that the minutes of the September 27 meeting be approved as amended,seconded by
Mr.Collier,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved,seconded
by Mr.Jackson,and passed unanimously.
Vouchers audited and certified by the Finance Directoras 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.
Claims:The vouchers included on the below list as modified by the Council and noted upon said list for
the Council meeting of October 11, 1994 for the funds listed below are approved in the amount of
$491,415.75.
GENERAL FUND $19,418.38 SANITATION FUND 46,572.49
STREET 6,770.44 AIRPORT 72.22
STREET REPR/RECON 133,369.69 SELF-INSURANCE 163.48
EQUIPMENT LEASES 601.03 CENTRAL SERVICES 11,676.18
STREET IMPROVEMENT 122,839.95 EQUIP RENTAL-OPERATIONS 24,950.18
WATER/SEWER FUND 23,163.39 BUILD MAINT-OPERATIONS 17,255.14
1994 BOND FUND 79.54 M L YOUTH PARTNERSHIP FT 1,359.51
W/S CONSTRUCTION 82,734.23 TOTAL $491,415.75
W/S LEASES 389.90
Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by
Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council have been
K^_J recorded on a listing which hasbeen made available to the City Council.The claims listed below are ap
proved in the amount of $6,948.38 for all funds.
GENERAL FUND $1,015.18 STATE WATER POL D/S 78,910.47
STREET 347.13 SANITATION FUND 7,484.53
STREET IMPROVEMENT 340,000.00 CENTRAL SERVICES 509.00
WATER/SEWER FUND 94,230.09 BUILD MAINT-OPERATIONS 22,000.00
1994 BOND FUND 115.60 M L YOUTH PARTNERSHIP TF 900.00
TOTAL $545,512.00
Checks:Checks 42635 through 42953 issued on September 28,1994 were approved for payment at the
Council meeting held on October 11,1994 in the total amount of $187,162.44.
Payroll:The payroll issued on September 30,1994 having been approved pursuantto the ruleofthe City
Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 85988 through 86001 inthe
amount of $7,651.90.
Payroll:The payroll issued on October 7, 1994 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 86002 through 86167 inthe
amount of $192,073.54.
PROCLAMATIONS
The proclamation declaring October 1994as Crime Prevention Month was read inits entirety.//j£
^J I.CITIZEN INPUT -None
II.EMPLOYEE PRESENTATIONS -None
III.CONSENT AGENDA
Park and Recreation Commission Reappointment:With the concurrence ofthe Council,Greg Hill was JO~7/
reappointed to the Parkand RecreationCommission.
Agreement -Burke Marketing -Amphitheater Series:Authorization was requested for the City Manager to /^y*/
signthe agreementwith Burke Marketing for the 1995 summer concert seriesinthe amphitheater.
GREAT Agreement -Frontier Jr.High:Authorization was requested for the City Manager to sign the /IJ9
agreement with Frontier Junior High for thecityto provide the GREAT Program for the 1994-95 school year.
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CITY COUNCIL MINUTES: 2 October 11,1994
\IQ$Resolution -Accept Grant:A resolution was presented which accepts a grant from the Washington
Commission for Humanities for the "Diversity Film Series"sponsored by the museum.
Action Taken:Mr.Chapman moved that the Consent Agenda be approved,seconded by Mr.Paine, and
passed unanimously.
IV.CONSIDERATION OF BIDS
llfrf,WATER /WASTEWATER TELEMETRY
Staff recommended that the bid forthe water and wastewater telemetry project be awarded to Technical
Systems,Inc.
Action Taken:Mr.Pearce moved that the bid be awarded to Technical Systems,Inc.,seconded by Mr.
Jackson,and passed unanimously.
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LIFT STATION TANK REMOVAL PROJECT
Staff recommended that the bid forthe lift stationtank removalprojectbe awardedto Don's Petroleumand
that the irregularities in the bid, the failure to list all unit prices, be waived.
Action Taken:Mr.Reese moved that the bid and Additive A be awarded to Don's Petroleum with a waiver
of the irregularity of the bid,seconded by Mr.Collier,and passed unanimously.
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
FARM LEASE EXTENSION -TURNER
George Turner, TNT Enterprises,has requested an extension of the farm lease on the property immediately
adjacent to the Municipal Airport as well as a change in the lease to state that should water become
unavailable,they would no longer be liable for the lease and if at any time the property should become
available for sale that they would have the first right to purchase.
Joseph K.Gavinski, City Manager stated that the lease becomes due in February 1995 and underthe terms
of the lease the lessee needs to notify the city that they wish to continue to lease the property.
Action Taken:Mr.Jackson moved that this item be tabled,seconded by Mr.Chapman,and passed
unanimously.
n£p ANNEXATION/CITY SERVICES -GREGORICH
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Matt Gregorich has requested time before the Council to discuss the extension of water and sewer service
from Kinder Road to his proposed mobile home park on the north side of Highway 17.
Ron Baker,representing the project,stated that the original developer had wanted to remain in the county
and planned to drill his own well and install septic tanks.After discussing the utilitieswith Mr.Gregorich it
was felt that it would be better to serve the site with city services.
There was some discussion by the Council on whether or not there was enough capacity in the existing
systems to service this development.Staff reported that there may be a problem with enough pressure for
adequate fire flow unless the water system is looped.
Action Taken:Mr.Reese moved that the Notice of Intent to Commence Annexation Proceedings be
accepted,seconded by Mr.Jackson,and passed unanimously.
,q\C\COMMUNICATION -SCHOOL DISTRICT -YONEZAWA BOULEVARD
The Moses Lake School District indicated that the Sports Complex Board will give the city an easement
across the southern portion oftheir property for the relocation of Yonezawa Boulevard provided the city and
School District conduct a feasibility study on the sports complex.The School Board has committed $10,000 ^^for afeasibility/traffic study and is requesting that the city commit up to $5,000 for the traffic portion of the (]
study.
There was some discussion by the Council and itwas determined that the funds to be committed by the
city would be for the traffic study only.
Action Taken:Mr.Jackson moved that the city commit up to $5,000 for the traffic elements or portion of
the feasibility study,seconded by Mr.Chapman, and passed unanimously.
The Councildiscussed waysto obtain additional right-of-way forYonezawa Boulevardand atthe same time
transfer the existing right-of-way to the School District so that they can proceed with their development.
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CITY COUNCIL MINUTES:3 October 11,1994
ActionTaken:Mr.Jackson moved that the city accept the commitment of the Sports Complex, (whenthe
letter is delivered on their stationary,signed by the president of the Sports Complex Board),granting the
City of Moses Lake an 80'easement for the purposes of moving traffic through the area as adequate
compensation forthe vacationofthe existing right-of-way forYonezawa Boulevard,seconded by Mr.Collier,
and passed unanimously.
VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND 1994 BUDGET -2ND READING
An ordinance was presented which amends the 1994 budget./O/°
The ordinance amending the 1994 budget forthe 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.
Collier,and passed unanimously.
ORDINANCE -GAMBUNG TAX -2ND READING
An ordinance was presented which repeals sections of the gambling tax ordinance which are crimes by
existing state law and provides for a new civil penalty section.
The ordinance amending Chapter 3.18 of the Moses Lake Municipal Code entitled "Gambling Tax" by
repealing sections 3.18.530 - .580 and adopting new section 3.18.450 was read by title only.
Action Taken:Mr.Collier moved that the second reading of the ordinance be adopted,seconded by Mr.
Pearce, and passed unanimously.
ORDINANCE -SALES AND USE TAX -2ND READING
An ordinance was presented which provides for a civil penalty for a violation of the sales and use tax
regulations.
The ordinance amending Chapter 3.24 of the Moses Lake Municipal Code entitled "Sales and Use Tax"by
amending section 3.24.050 was read by title only.
Action Taken:Mr.Jackson moved that the second reading of the ordinance be adopted,seconded by Mr.
Paine, and passed unanimously.
ORDINANCE -UTILITY OCCUPATION TAX -2ND READING
An ordinance was presented which increases the civil penalty for a violation of the utility occupation tax
regulations in order to bring it into conformity with other civil penalties fortax violations.
The ordinance amending Chapter 3.30 of the Moses Lake Municipal Code entitled "Utility Occupation Tax"
by amending section 3.30.190 was read by title only.
Action Taken:Mr.Collier moved that the second reading of the ordinance be adopted,seconded by Mr.
Jackson,and passed unanimously.
ORDINANCE -TAXATION -1ST READING
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Anordinancewas presented which fixesthe estimated amount to be received frommunicipal purposes from
assessed valuations on property within the city.
The ordinance fixing the estimated amount to be received for municipal purposes from taxations on
assessed valuationson propertywithin the Cityof Moses Lake,Washington for 1995was readby titleonly.
ActionTaken:Mr.Chapman moved that the first reading of the ordinancebe adopted, seconded by Mr.
Jackson,and passed unanimously.
RESOLUTION -INTENT TO FORM UUP -MONROE STREET
A resolution was presented which declares the city's intent to improve a portion of Monroe Street by
installing a sanitary sewer system.
The resolution of the CityCouncil of the Cityof Moses Lakedeclaring its intention to improvea portion of
Monroe Street between Nelson Road and Sharon Avenue by constructing and installinga sanitary sewer
systemand connecting the sanitary sewer systemtothe existing sanitary sewer and to create a utility local
improvement district toassessthecostand expenseof said improvements against property in suchdistrict
specially benefitted thereby,and to notify all persons who may object to said improvement to appear and
present their objections ata regular meeting ofthe City Council to be held on November 8,1994at7 p.m.
was read by title only.
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CITY COUNCIL MINUTES:4 October 11,1994
Action Taken:Mr.Jackson moved that the first reading of the ordinance be adopted,seconded by Mr.
Pearce and passed unanimously.
VII.REQUESTS TO CALL FOR BIDS -None
VIII.REFERRALS FROM COMMISSIONS
[p RC MODELERS
The Airport Advisory Commission has recommended that the request by the RC Modelers Club for along f"^
term lease at the Municipal Airport be denied forthe following reasons and that the existing use by the RC
Modelers of the airport cease as soon as an alternate site is found but not laterthan December 31,1994:
1. The primary function of the Commission is the operation of the Moses Lake Municipal Airport for
airplanes
2.Safety and liability to the city requires that model airplanes be separated a minimum of three miles
3. Verbal disapproval expressed by the following -State Department of Transportation, Aeronautics
Division;Federal Aviation Administration Regional Office, Airports Division;Grant County Airport
Management;and the Grant County FAA Control Tower
4.Personal property damage by uncontrolled models
Bob Heikell,representing the RC Modelers,pointed out that the RC Modelers usethe west side of the airport
while the east side is used by commercial and private pilots. He mentioned that because of the safety
concerns the RC Modelers have worked hard to maintain adequate separation and to maintain rules and
regulations for the model airplanes that won't interfere with the full sized aircraft.
Jim Tabor,a member of the RC Modelers,stated that members of the club do not feel that the reasons
given by the Airport Commission are sufficient to deny them the use of the airport. He mentioned that the
city has no requirement for a 3 mile separation of model aircraft from full scale aircraft. He stated that he
contacted the various agencies listed in the letter from the Airport Commission and none of the people in
those offices expressed disapproval of the use of the airport by model airplanes expect the FAA which
discourages the use of airports by radio controlled models.
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ChuckWarren,1157 AshleyWay,President of the RC Modelers,stated that the club participates in different
events in the Northwest as well as sponsoring an event at the Municipal Airport that attracts people from
all over the Northwest.
Mr.Pearce pointed out that the Airport Commission contacted the flight operations people at the FAA, not
the people who regulate airports, and received a verbal disapproval of radio controlled aircraft using the
airport.The 3 mile separation recommendation comes from an FAA Advisory Circular. The Commission
felt that there is a safety issue and the models are a hazard to full scale aircraft. It was felt that the existing
300'separation is too close for safety purposes.He pointed out that even though the club members may
not be flying over the hangers other people do and it is a safety and liability concern.
There was some discussion by the Council.
Action Taken:Mr.Chapman moved that staff be directed to investigate alternate city property locations
which the RC Modelers might be able to lease,seconded by Mr.Jackson,and passed with Mr.Collier
opposed.
FARM LEASE EXTENSION -TURNER
Mr.Jackson moved that the request foran extension of the farm lease be removed from thetable,seconded
by Mr.Chapman,and passed unanimously.
Mr.Chapman wanted to know ifcomplicationswould occur inthe lease ifitwere determined that a partof
the farm ground could be used by the RC Modelers.
There was some discussion by the Council.
Action Taken:Mr.Jackson moved that city staff be authorized to negotiate with George Turner for an
extension of his lease on the farm land adjacent to the Municipal Airport,seconded by Mr.Chapman, and
passed unanimously.
DESERT HIGHLANDS SECOND ADDITION -VARIANCE
Phil Bloom,Columbia Northwest Engineering,has submitteda final plat for the Desert Highlands Phase2
Plat and has requested the following subdivision variances:
1.variance to the minimum lot depth of 100 feet for Lots 1, 2, 4, 6, and 7 of Block 2.
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CITY COUNCIL MINUTES:5 October 11,1994
2.variance and covenant for the construction of Tanglewood Drive from Inglewood Drive tothe east end
of the plat.
3.variance to the requirement that lot lines be within 20% of perpendicular for Lot 16 of Block 2.
4. variance to allow the sidewalks to be 4'wide and placed 8'behind the curb except on the cul de sacs
where the sidewalk would be to city standards
The Planning Commission recommended that the variances be granted.
Gary Harer,Municipal Services Director,stated that, upon advise of the CityAttorney, the city is tryingto
eliminate as many covenants as possible and since the city is no longer requiringa covenant at the end of
Tanglewood which only serves two lots anyway,the city would preferto have the street built full width with
all improvements.The end would be barricaded in some manner.
Action Taken:Mr.Jackson moved that the following variances be granted:
1.variance to the minimum lot depth of 100 feet for Lots 1, 2, 4, 6, and 7 of Block 2.
2.variance to the Community Standards to eliminate the cul de sac at the end of Tanglewood Drive
3.variance to the requirement that lot lines be within 20% of perpendicular for Lot 16 of Block 2.
4.variance to allow the sidewalks to be 4'wide and placed 8'behind the curb except on the cul de sacs
where the sidewalk would be to city standards
seconded by Mr.Collier,and passed unanimously.
HURD INCIDENTAL SIGN
Mel Hurd has requested permission to place an incidental sign in city right-of-way at 1520 S. Pioneer Way
inorder to advertise his business,Java Express,located on Lot 1 of the South Pioneer Way Short Plat. The
Planning Commission recommended that the request be granted to place the sign in the gravel area
between the curb and the sidewalk provided the sign is no closer than 8'from the curb.
{^_J Mr.Collier wanted to know what would prevent the sign from blowing out into Pioneer Way.
Gilbert Alvarado,Senior Planner,stated that the sign will be anchored in order to prevent its movement.
Action Taken:Mr.Jackson moved that the request be granted as recommended by the Planning
Commission,seconded by Mr.Chapman,and passed unanimously.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
DELEON CONDITIONAL USE PERMIT -APPEAL
The Planning Commission granted Conrado DeLeon a conditional use permit for the placement of a
manufactured home at 1706 Bemis Street with the following conditions:
1.The manufactured home is a super good sense home with a pitched roof and eaves.
2.The manufactured home shall be placed on a concrete or block foundation
3. At least a 1 car garage shall be constructed prior to the issuance of an occupancy permit
The areais zoned R-3,Multi-family Residential.The cityhas receivedan appeal from Dr.DeLeonconcerning
the construction of a garage at this time.
Joseph K.Gavinski,CityManager,statedthatthe requirement for a garage to be constructedas a condition
of the conditional use permit is inappropriate.
Mr.Rimple mentioned thatthe staffhadrecommended thatthe requirement for a garage to be constructed
as part of the conditional use permitnot be imposed.
Mr.Gavinski mentioned that a stick built home is not required to construct a garage.
Mr.Rimple pointed outthat each residential lotis required to provide for two off-street parking spaces.
ActionTaken:Mr.Chapman moved that the decisionof the Planning Commissionon the conditional use
permit be modified by removing the requirement to construct at least aone car garage prior tothe issuance
of an occupancy permit,seconded by Mr.Paine,and passed unanimously.
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CITY COUNCIL MINUTES: 6 October 11,1994
LENGENFELDER SHORELINE CONDITIONAL USE PERMIT -APPEAL
The Planning Commission granted Todd Lengenfelder a Shoreline Conditional Use Permit for the filling of
an associated wetland for the construction of a single-family residence on Lot 1 of the Laguna Point Plat.
The property shoreline environment is "Urban".The property was delineated by DOE as a wetland.The
DOE became involvedwiththis request due to concern fromadjacent propertyownersthatthe propertywas
to be filled.
The approval of the Laguna Point Plat by the Moses Lake City Council did not require that the developer
leave Lot 1 undeveloped.At the time the Laguna Point Platwas approved It was not known whether or not f*\
Lot 1 was a wetland. A Mitigated Determination of Non-Significance (DNS)was issued for the shoreline
permit. The mitigated DNS provides for no filling to take place within twenty-five feet of the shoreline;the
ordinary high water mark.
An appeal of the granting of the Shoreline ConditionalUse Permithas been received by the city. However,
there isa question on whether or not an appeal can be taken to the City Council.Itmay be thatthe appeal
needs to be heard by the State's Shorelines Hearings Board. City staff is reviewing the matter and will
report to and advise the City Council at the Council meeting.
Joseph K. Gavinski, City Manager,stated that after reviewing the statutes,the Shoreline Master Plan,the
ordinances,and the Washington Administrative Code, staff has concluded that the city does not have the
authority to consider an appeal of a Shoreline Conditional Use Permit.The appellants should contact the
Department of Ecology since itis the agency that willapprove or deny the Shoreline Conditional Use Permit.
There was some discussion by the Council on the procedure for appealing a Shoreline Conditional Use
Permit.No action was taken.
EKA NOBEL WATER DISCHARGE PERMIT -MODIFICATION
Eka Nobel has requested a change in the reporting basis for sodium and chloride to an average pounds
per day mass loading with a daily limit and also a slight increase in quantities from the current permit
limitations based on parts per million. Staff has determined that granting this request will not have a
detrimental affect on the treatment plant facility.
Gary G.Harer,Municipal Services Director,stated that this change has been discussed with Eka Nobel over ^^
the past year and staff has no problems with this change.f >
Action Taken:Mr.Collier moved that the request be granted,seconded by Mr.Jackson,and passed
unanimously.
X.COUNCIL QUESTIONS AND COMMENTS
LEAF SITE PLAN
Mr.Chapman mentioned that the PlanningCommission requested that Mr.Leaf pave his mini storage area
and there is no requirement in the city regulations to do that. He felt that ordinances should be considered
which include those requirements that the Planning Commission wishes to impose on developments.
Mr.Rimple stated that paving of a mini storage development has never been required before and itisa low
volume traffic business.
yd LANDSCAPING ORDINANCE
Mr.Jackson wanted to know where the city was in drafting a landscaping ordinance.
James A.Whitaker,CityAttorney, stated that the landscaping and design ordinance inthe Cityof Issaquah
was found to be too vague by the state Supreme Court and invalidated.
Joseph K.Gavinski,City Manager,stated that the city will look intothat decision and look atwhat has been
done and try to put something together.
XI.CITY MANAGER REPORTS AND COMMENTS
&A BUILDING ACTIVITY REPORT
Joseph K.Gavinski,City Manager,distributed the building activityreportthrough September.
RECREATIONAL IMMUNITY
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Joseph K.Gavinski,City Manager,distributed an article on recreational immunitywhich mentions Moses
Lake'sskateboard parkas an example of a recreational use that creates no liability to a city.
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CITY COUNCIL MINUTES:7
RESERVOIR #8
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October 11,1994
Joseph K.Gavinski,City Manager,reported that the city has been included on the project list by the Public jOls^
Works Board and will most likely receive funds for the construction of Reservoir #8.
EXPENDITURE AND REVENUE REPORTS
Joseph K.Gavinski, City Manager, distributed the third quarter expenditure and revenue reports.
The regularmeeting was recessed at 10:30p.m. and the Council met inan executive session to discuss real
estate. The executive session was adjourned at 10:45 p.m. and the regular meeting was reconvened. The
regular meeting was adjourned at 10:45 p.m.
ATTEST:
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