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1994 02 22u <J u 4841 MOSES LAKE CITY COUNCIL February 22, 1994 Council Present:Wayne Rimple,Dick Collier,Bill Reese,Richard Pearce,Daryl Jackson,Chet Paine, and Bob Chapman MINUTES:Mr.Jackson moved that the minutes of the February 8 meeting be approved as submitted, seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Colliermoved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Pearce,and passed with Mr.Rimple abstaining from voting on that portion of the bills to Faber Industrial and Moses Lake Steel Supply. 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 February 8, 1994 for the funds listed below are approved in the amount of $1,119,464.32. GENERAL FUND $24,424.62 STREET 12,728.60 EQUIPMENT LEASES 3,515.65 PARK &REC IMPROVEMENT 943.00 WATER/SEWER FUND 14,486.93 1985 BOND REDM 217.16 1990 BOND REDM 107.59 1992 BOND FUND 72.77 W/S CONSTRUCTION 5,631.80 WATER/SEWER LEASES 305.21 SANITATION FUND 5.78 AIRPORT 7.00 SELF INSURANCE 535.30 CENTRAL SERVICES 15,962.21 EQUIP RENTAL-OPERATIONS 18,701.70 BUILD MAINT-OPERATIONS 521,740.86 FIREMANS PENSION 500,078.14 TOTAL $1,119,464.32 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 CityCouncil have 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 $43,221.95 for all funds. GENERAL FUND $1,287.34 SELF-INSURANCE 31,708.00 PARK &RECREATION IMPROV 7,186.70 CENTRAL SERVICES 173.89 WATER/SEWER FUND 46.89 TOTAL $43,221.95 WATER/SEWER CONSTRUCTION 2,819.13 Checks:Checks 40024 through 40306 issued on February 9, 1994 were approved for payment at the Council meeting held on February 22,1994 in the total amount of $585,806.66. Payroll:The payroll issued on February 11,1994 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 82316 through 82487 in the amount of $192,582.65. I.CITIZEN INPUT -None BOY SCOUTS The Boy Scouts visiting the Council were introduced.irff PROCLAMATION The proclamation declaring February 19-26,1994 as National FFA Week was read in its entirety.//S A II.EMPLOYEE PRESENTATIONS -None III.CONSENT AGENDA Resolution -Accept Gift:Aresolution was presented which accepts a Motorola pager from Payless Drug /0 Store for use in the Police Department. Resolution -Interfund Loan:A resolution was presentedwhich provides for an interfund loan of $5,000 from /0 the Street Fund to the Paths and Trails Fund. 4 <e ,o-A Resolution -Accept Easements -Havden Estates 2nd Addition:Aresolution was presented which accepts /OI3 two utility easements from Hayden Enterprises forwater and sewer services. 4842 CITY COUNCIL MINUTES: 2 February 22,1994 iQ I2 Resolution -Accept Easement -Westlake Shores Plat:A resolution was presented which accepts an easement for a storm drain in the Westlake Shores Plat. Action Taken:Mr.Reese moved that the Consent Agenda be approved,seconded by Mr.Jackson,and passed unanimously. \o\1 IV.CONSIDERATION OF BIDS VEHICLES Staff reported that no bids were received for the full size sedan,3/4 ton pickup, 2 wheel drive pickup and 4 wheel drive pickup and recommnded that they be purchased from the state bid. Action Taken:Mr.Paine moved that the vehicles be purchased through the state bid,seconded by Mr. Reese,and passed unanimously. V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS •A-^f ORDINANCE -OLSON ANNEXATION -2ND READING/PUBLIC HEARING /oW An ordinancewas presented which annexes approximately 66 acres of property between Hansen Road and I-90 and provides for zoning of R-1 and C-1. The public hearing was opened. Ken Gordner,1765 Fairway Drive NE, which is property adjacent to the north boundary of the proposed annexation,pointed outthat it should be made clear inthe ordinance which zoning belongs to which portion of property. He stated that lots in the adjacent R-1 property are currently 12,000 square feet in size. He pointed out that R-1 property has a minimum lot size of 7,000 square feet and he would requeste that the lot size be raised to 12,000 square feet. Ron Baker,representing the project,stated that the lots that are in existence are 12,500 square feet in size due to the use of septic tanks and that was the size required by state law. Mr.Gordner stated that even though the size of the lots were required because of the septictanks,placing smaller lots adjacent to large lots could affect property values. The public response was closed. Gilbert Alvarado,Senior Planner,stated that the property owners had submitted a list of proposed uses for the commercial zone.The proposed uses fit better in a C-1 zone than a C-2 zone,which was originally requested. There was some discussion by the Council on the zoning of the surrounding county property. It was suggested,for clarification purposes,that section 4 of the ordinance be amended by adding 'The following described"at the beginning of the section. Action Taken:Mr.Jackson moved that the public hearing be closed,seconded by Mr.Chapman,and passed unanimously. The ordinance annexing certain specified territoryto the Cityof Moses Lake,Washington, and incorporating the same within the corporate limits of the City of Moses Lake, and which provides forthe assumption of existing indebtedness and establishes the zoning was read by title only. Action Taken:Mr.Pearce moved that the ordinance be amended to include 'The following described"in Section 4 and the second reading of the ordinance be adopted,seconded by Mr.Collier,and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -CRESTVIEW DRIVE UUP -2ND READING Mr.Collier stated that he has a conflict of interest and exited the room. A ULID and an LID have been proposed for the Crestview Drive area for sewer main and undergrounding utilities. Harold Tracy,538Crestview,felt thatthe engineering andadministrative feesarehighfor thistype of project. Joseph K.Gavinski,City Manager,statedthatthe charge for engineering and overhead was established by the Finance Departmentseveral years ago using a complex formula based on actual expenses. n n n 4843 CITY COUNCIL MINUTES:3 February 22,1994 Walter Fry,Finance Director,stated thatthefeesthe citycharges isthesameasthe citywould have to pay ifa private company were doing the work. Steve Shinn,426Crestview,statedthathewas in favor ofthe ordinance butthe property owners would like a decision from the city onthetypesofcurbs and where theunderground electrical lines would be placed. Theordinance ordering the improvement ofCrestview Drive area by constructing and installing a sanitary sewer system and connecting thesanitary sewer system to existing sanitary sewer in the Paxson Drive area and undergrounding electrical utilities along Crestview Drive in accordance with Resolution No.1798 ofthe j City Council of the City of Moses Lake,Washington establishing Utility Local Improvement District No.5and v_>Local Improvement District #57;providing themethod ofassessment for improvements made in said district; assessments upon property in said district;and providing for payment ofsuch assessments into bond funds to pay and secure the payment ofwater and sewer bonds and local improvement district bonds issued for the costs of the improvements was read by title only. Action Taken:Mr.Chapman moved that the second reading oftheordinance beadopted,seconded by Mr. Pearce, and passed with Mr.Collier abstaining. Action Taken:Mr.Reese movedthatthe utilities be placed onthe west sideof Crestview Drive from the north totheendofthe existing homes on both sides of Crestview and then continue down the east side, seconded by Mr.Jackson, and passed with Mr.Collier abstaining. ORDINANCE -LICENSING REGULATIONS -RENTALS -1ST READING An ordinance was presented which eliminates business licensing requirements for those persons or firms owning rental units used for residential orcommercial purposes except for transient living units,mini-storage units,mobile home space,recreational vehicle space, or campground space for rent. Action Taken:Mr.Chapman moved thatthe ordinance be brought offthe table,secondedby Mr.Jackson, and passed unanimously. Mark Thornton,140Schilling,requestedthatifa personisalicensed property managerthatthe requirement fora city business license be waived forthe propertybeing managed. Mr.Chapman stated that he has a problem with requiring a personwith5 or more living unitsto pay a \)business license. The city also previouslyrequired mobile home parks to pay a business license. Mr.Rimple suggested that the ordinance be changed to include "all property,rental or otherwise, under management of a licensed property manager,will be exempt." There was considerable discussion by the Council. It was suggested that rental units used for residential purposes which have an on-site manager should be required to obtain a business license. The ordinance amending Chapter 5.04 of the Moses Lake Municipal Code entitled "Licensing Regulations" was read by title only. Action Taken:Mr.Chapman moved that the ordinance be tabled,seconded by Mr.Pearce, and passed unanimously. ORDINANCE -WATER/SEWER RATES -1ST READING An ordinance was presented which provides that the South Campus property will not be required to pay reimbursements until such time as the propertyis actuallyconnected to the utilities. The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by titleonly. Action Taken:Mr.Reese moved that thefirst reading oftheordinance be adopted,seconded by Mr.Collier, and passed unanimously. [^J ORDINANCE -ITINERANT VENDORS -1ST READING An ordinancewas presented which regulates Itinerant vendors. The ordinance creating Chapter 5.07 ofthe Moses Lake Municipal Code entitled "Itinerant Merchants and Vendors"was read by titleonly. There was considerable discussion bythe Council andthe ordinance was amended as follows: 5.07.020 -delete B. 5.07.040 C. - add 4.Must have a WashingtonState Tax Number. 5.07.900 C. -add "as otherwise allowed" 5.07.090 I.-delete 3. /oM /0 7o /ObcX 10 oo jOlP^ /of/ 4844 CITY COUNCIL MINUTES:4 February 22,1994 Action Taken:Mr.Reesemoved thatthe ordinance beamended andthe first reading be adopted,seconded by Mr.Collier,and passed unanimously. RESOLUTION -WAIVE BID REQUIREMENTS -AQUATIC CENTER LOCKERS A resolution was presented which requests permission to waive the bidding requirements for stainless steel coin operatedlockersatthe aquaticcenter since they are available only from one source. Mary Cunnington, Parkand Recreation Department,described the lockers and their use forthe Council. Theresolution waiving the bidding requirements for purchase ofstainless steel coin operated lockers for the Moses Lake Family AquaticCenterwas read by title only. Action Taken:Mr.Paine moved that the resolution be adopted,seconded by Mr.Jackson,and passed unanimously. IQI^T RESOLUTION -WAIVE BID REQUIREMENTS -TELEPHONE SYSTEM A resolution was presented which requests permission to waive the bidding requirements for the purchase of telephone equipment to upgrade and expand the city'sAT&T telephone system. The resolution waiving the bidding requirements for purchasing materials and equipment was read by title only. Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Collier,and passed unanimously. ORDINANCE -BUSINESS LICENSES -1ST READING Mr.Chapman movedthatthe ordinance be removed from the table,seconded by Mr.Reese,and passed unanimously. Jim Whitaker,CityAttorney,suggested that the ordinance be amended to read as follows:"Any person, firm,corporation,orassociation owningany rental unitsused for residential purposes which has an on-site residential manager shall be required to obtain a business license.Any person,firm,corporation,or /~-N association owning any transient rental living units, mini-storageunits, mobile home spaces,recreational <» vehicle spaces,or campground spaces shall be required to obtain a business license." Action Taken:Mr.Chapman moved that the ordinance be amended and the first reading be adopted, seconded by Mr.Reese,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS ,Q jQ.f\CRACK SEAL PROJECT Staff requested permission to advertise for bids for the 1994 Crack Sealing Project. Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Collier, and passed unanimously. n VIII.REFERRALS FROM COMMISSIONS ORDINANCE -SHORT SUBDIVISIONS -1ST READING An ordinance was presented which amends the Short Subdivision regulations to require an environmental review for short plats. The PlanningCommission recommended that the ordinance be adopted. The ordinanceamendingChapter 17.13ofthe Moses Lake Municipal Code entitled "ShortSubdivisions"was read by title only. Mr.Chapman wanted to know the reason the ordinance is being proposed since he felt the matter is addressed under the new critical and wetlands ordinances.^"\ Jim Whitaker,City Attorney,stated that the reason it is proposed is because the city has been using mitigation agreements with developers of long and short plats.Not having a SEPA review would deprive the city of the ability to use mitigation agreements to mitigate an impact caused by the development. Without thisability to mitigate,thecitymayhave todenysome projects because ofanenvironmental impact of some kind since there would be no way to require mitigation. There was some discussion by the Council. ActionTaken:Mr.Collier moved that the first reading of the ordinance be adopted,seconded by Mr. Pearce,and passed with Mr.Chapmanopposed. 4845 CITY COUNCIL MINUTES: 5 February 22,1994 DESERTPOINT SHORT PLAT -VARIANCE Phil Bloom,Columbia Northwest Engineering,hasrequesteda subdivision variance on behalfofthe property owner of Desertpoint Short Plat.The subject 2 lot short plat is located off of Kittleson Road and just northwest of McDonalds restaurant.The subdivisionvariance request is to allowthe proponent to defer extension of sewer service through the length of the plat as required by ordinance.At its February 10 meeting the Planning Commission recommended to Council thatthe variance request be granted with the stipulation that a covenant be required to run with Lot 2 for the installation of sewer service when the prop- ^__erty tothe northwest is developed orwhen required bythe city. ^—J Action Taken:Mr.Reese moved that the variance request be granted with the stipulation that acovenant run withLot2 for the installation of sewer servicewhenthe property to the northwestisdeveloped orwhen required by the city,seconded by Mr.Jackson, and passed unanimously. PARKER HORN PLATEAU SHORT PLAT -SUBDIVISION VARIANCE Phil Bloom,Columbia Northwest Engineering,hasrequested a subdivision variance on behalf ofthe property ownerof Parker Horn Plateau Short Plat.The subject9 lotshort plat is located offof Lakeshore Drive and Battery Road.The subdivision variance request isto allow the proponent to defer the construction of full width street improvements through the length of the plat along Lakeshore Drive and Battery Road as required by ordinance.At its February 10 meeting the Planning Commission recommended to the City Council thatthe variance request for half width street improvements on Lakeshore Drive and Battery Road be granted with the stipulation that a covenant run with the land for the street Improvements and thecost to be equally shared by all the lots inthe development. Therewas some discussionbythe Council onthe streetsinthe area.Itwas pointed outthatthe covenant would require the owner to pay for his half of the street improvements when the full width street is constructed. Action Taken:Mr.Chapman moved that the variance request for half width street improvements on Lakeshore Drive and Battery Road be granted withthe stipulation that a covenant runwiththe land for the street improvements and the cost to be equallyshared by all the lots inthe development,seconded by Mr. Reese,and passed unanimously. //p //P U1 0 u IX.OTHER ITEMS FOR COUNCIL CONSIDERATION -None X.COUNCIL QUESTIONS AND COMMENTS SPORTS COMPLEX Mr.Reese reminded the Council of the study session on March 1 at 7 p.m.to discussthe proposed Sports Complex. COUNCIL CHAMBERS Mr.Jackson stated that he had requested city staff to bring back some figures on obtaining new chairs for /'3 0 the Council chambers,upgrading the sound system,and moving the screen. SECOND LAKE CROSSING Mr.Jackson stated that the congressional hearing on possible funding of the second lake crossing will be 10 li March 8 inWashington DC.He mentioned stated thathe maybe attending this meeting but would notbe representing the cfty.He wanted to know ifthe Council would like the Mayor to attend and represent the city if testimony is taken at this hearing. There wassome discussion and it was the consensus ofthe Council that the Mayor should attend the hearing is testimony is taken. AIRPORT COMMISSION \^J With the concurrence of Council Mr.Rimple appointed Tom Dent,Darel Fuller,Delone Krueger,Jerry Richardson,and JimThompson to the Airport Commission. Mr.Rimple praised the work done bythe Airport Committee onthe Municipal Airport. XI.CITY MANAGER REPORTS AND COMMENTS SALES TAX/TRANSIENT RENTAL The city received $198,413.90 from sales tax,for November sales,on January 31,1994 and the city will //Sf'£• receive $223,263.78 from sales tax,for December sales,on February 28,1994. The city received $4,945.55 from transient rental income,for November on January 31,1994 and the city //$/•f will receive $8,522.19 from transient rental income,for December,on February 28,1994.^ /OOb 1003 4846 CITY COUNCIL MINUTES:6 INVESTMENT REPORT The city received $2,286.17 in investment earnings for January 1994. The regular meeting was adjourned at 10:10 p.m. ATTEST: Oh Mr. Finance Director February 22,1994 ~ ~