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1993 08 24u KJ 4778 MOSES LAKE CITY COUNCIL August 24,1993 Council Present:Wayne Rimple,Dick Collier,Bill Reese,Daryl Jackson,Richard Pearce,JoAn Brown, and Roger Biallas MINUTES:Mr.Pearce moved that the minutes of the August 10 meeting be approved as submitted, seconded by Mr.Biallas,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ActionTaken:Mr.Jackson moved that the bills,checks,and prepaidclaims issued be approved,seconded by Mr.Reese,and passed with Mr.Rimple abstaining from voting forthat portion of the billsto Moses Lake Steel Supply and Mr.Biallas abstaining from that portion of the billsto A & H Printers. Vouchers audited and certified by the Finance Directoras required by RCW 42.24.080, and those expense reimbursement claims certifiedas required by RCW 42.24.090, have been recorded on a listingwhich 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 August 24, 1993 for the funds listed below are approved in the amount of $1,716,948.65. GENERAL FUND STREET STREET REPR/RECON MID-PENINSULA BLK GRANT EQUIPMENT LEASES STREET IMPROVEMENT PARK &REC IMPROVEMENT WATER/SEWER FUND 1985 BOND REDM 1990 BOND REDM Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030and the internal control policyapproved by the CityCouncilhave been ^recorded on a listingwhich has been made availableto the City Council. The claims listed below are ap- [^J proved in the amount of$487,948.58 for all funds. $21,727.28 1992 BOND FUND 113.61 14,380.47 W/S CONSTRUCTION 294.94 6.10 W/S LEASES 305.22 11,562.09 SANITATION FUND 20,710.86 3,515.65 UNEMPL COMP INS 277.59 13.62 CENTRAL SERVICES 423,893.82 3,832.57 EQUIP RENTAL-OPERATIONS 1,178,431.68 20,259.47 BUILD MAINT-OPERATIONS 14,579.58 345.79 LID #56 2,509.44 188.87 TOTAL $1,716,948.65 GENERAL FUND $1,874.77 WATER/SEWER FUND 7.05 PARK &REC.IMPROVE 150.00 CENTRAL SERVICES 6.62 TOTAL $2,038.44 Checks:Checks 38277through 38576 Issued on August 11,1993 were approved forpayment atthe Council meeting held on August 24,1993 in the total amount of $1,331,043.72. Payroll:The payroll issued on August 13,1993 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 79910 through 80106 inthe amount of $197,611.88. I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS PoliceDepartment: Juan Loera,PoliceOfficer,was presented withhisAAdegree from BigBend Community College. III.CONSENT AGENDA -None IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS WATER EXTENSION Phil Bloom, Columbia Northwest Engineering,requested the city participate inthe extension of a water main from the Hardenburg Short Plat No.2 on Pioneer Way through the Margina No. 4 Plat on Nelson in order to loop the water line. Gary Harer, Municipal Services Director,stated that the water line has been extended through the Hardenburg Short Plat and will be extended through the Hardenburg Short Plat #2 whichwillbring it to Tax #7387.The additional 270'to connect the water line to the one on Nelson Road would benefit the Hardenburg Plat by increasing the fire flow,increasing water circulation and water quality,increasing the effectiveness of future chlorination,and increasing the reliability of this section of the system. /O/J 1/istS lOW :D*° //P \0$V 4779 CITY COUNCIL MINUTES:2 August 24, 1993 There was some discussion by the Council. The approximate cost of extending the water line to Nelson Road is about $15,000. Action Taken:Mr.Pearce moved that the city pay for halfthe cost,up to $7,500, of extending the water line fromthe end of the Hardenburg Short Plat #2 to the water lineon Nelson Road,seconded by Mr.Reese, and passed unanimously. PROPERTY PURCHASE -NORMAN Klendon Norman is requesting the city sell him a portion ofLot 4,Knolls Vista Plat.{**) Action Taken:Mr.Jackson moved that the city sell the property to Klendon Norman for $100 and that the CityManager be authorizedto signthe documents necessaryto completethe sale,seconded by Mr.Collier, and passed unanimously. REQUEST TO USE CITY RIGHT-OF-WAY -JEFFERS &DANIELSON Jeffers,Danielson,Sonn &Aylward have requested permission to use city right-of-way inorderto placea signat515 N.Stratford Road. The signwould be placedinthe existing planter box on the existing footing. It has been discovered that the city's right-of-way extends 30"beyond the sidewalk which places It inthe planterbox. The proposed sign will not extend onto the sidewalk or interferewith pedestrian or vehicular traffic. Mitchell Delabarre,510 Crestview,stated that theywouldliketo replacethe previoussignwiththeirown sign and would landscape the planter inthe same manner as the Alder Street Fill.The sign would be centered withinthe existing planterarea and would not extend over the sidewalk. Ifat any time the right-of-way is needed by the city,the sign would be moved at their cost. Action Taken:Mr.Biallas moved that the request to use city right-of-way be granted with the condition that a hold harmless agreement be executed,seconded by Mr.Collier,and passed unanimously. REQUEST FOR LOADING ZONE -ST.MARTINS COURT Patrick Sullivan, St. Martins Court,has requested a loading zone at 617 S.Balsam for the benefit of the senior citizens residing in this area. Gary Harer,Municipal Services Director,stated that the request was initiated because of a vehicle that has been parked at the entrance for the past 2 weeks and which is blocking the handicapped access to the building. There was some discussion by the Council and staff was directed to draft an ordinance permitting the request. ORDINANCE -HOME OCCUPATIONS -1ST READING Mr.Jackson stated that due to a conflict he would excuse himself from the Council at this time. An ordinance was presented which amends the home occupation ordinance to clarify the fact that home occupations may use no more than 200 square feet of the residence's floor area and that no home occupation shall occupy an accessory building or an attached or detached garage. The ordinance amending Chapter 18.55 of the Moses Lake Municipal Code entitled "Home Occupations"was read by title only. The public hearing was opened. Penny Archer,223 Sharon Avenue, stated that she delivers papers forthe WenatcheeWorldand isincharge of the dispensers downtown.When they are damaged she repairs them in her garage.She also stores the newspaper holders inher garage. Ifthe ordinance is passed she could not use her garage forthat purpose. Many people keep their supplies in their garages and ifthis ordinance is passed,they could not do that. Leo Reichlin,701 Sycamore, stated that the passage ofthis ordinance would prohibit people from keeping tools and equipment they use in their business in their garage. Bob Chapman wanted to know ifa contractor keeping his tools in his garage would fall underthis ordinance. James A.Whltaker,CityAttorney,stated that, ifthe tools arehandtools, they would not sincethey arebeing stored and not used on the premises. Joseph K.Gavinski,City Manager,stated that the ordinance was originally amended to permit home activitiesthat are not apparent to the neighbors. A business that may have an impact on the area,such as with signage or additional traffic,would be regulated by this ordinance. n r> u u 4780 CITYCOUNCIL MINUTE:3 August 24,1993 The public hearing was closed. There was considerable discussion by the Council over the difference between using the garage for storage and using it for a commercial use. Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mrs. Brown, and passed with Mr.Jackson abstaining. Action Taken:Mrs.Brown moved that the ordinance be amended to allow the use of an attached garage with a home occupation and the first reading of the ordinance be approved,seconded by Mr.Pearce, and passed with Mr.Rimple and Mr.Biallas opposed,and Mr.Jackson abstaining. ORDINANCE -WETLANDS -2ND READING An ordinance was presented which provides for the interim protection and conservation of wetlands. The ordinance creating Chapter 19.06 of the Moses Lake Municipal Code entitled "InterimClassification and Designation of Wetlands and Regulations for the Interim Conservation and Protection of Wetlands"was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Biallas moved that the public hearing be closed,seconded by Mr.Collier,and passed unanimously. Action Taken:Mr.Biallas moved that the second reading of the ordinance be adopted and the summary for publication be approved,seconded by Mr.Collier,and passed unanimously. RESOLUTION -SIX YEAR STREET PLAN A resolution was presented which amends the Six Year Street Program in order to add the bicycle path along Valley Road from Airway Drive to Ottmar Road. Placing the bicycle path on the Six Year Street Program will make it eligible to receive the STP Grant offered to the city. The resolution amending the Six Year Street Construction Program for 1993-1998 was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Biallas moved that the public hearing be closed,seconded by Mrs. Brown, and passed unanimously. Action Taken:Mr.Collier moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. ORDINANCE -BUILDING HEIGHT EXEMPTIONS Dwaine Mcintosh,representing the Assembly of God Church,requested that the ordinance pertaining to building heights in the R-1 zone be amended to allow churches to exceed the current 30'height limitation. Joseph K.Gavinski,City Manager,statedthatthe Hearing Examiner has considered a request fora variance of the height requirements and rendered an oral opinion that a variance could not be allowed since the request does not meet the criteriarequired to grant a variance.The city's previous ordinance did allow for increased heights for churches.When the ordinance was passed in 1983,those sorts of provisions were left out.The suggestion from staff is that the ordinance be amended to allow for additional height for churches,church spires,flagpoles,radio and television towers,observation towers,etc. After some discussion it wasthe consensus of the Council that the ordinance be amended to allow for extra height for churches and certain other structures. K^J VI.ORDINANCES AND RESOLUTIONS ORDINANCES - WATER SERVICECONNECTIONS -1ST READINGS ^—-109* Two ordinances were presented which concern water service connections to the city.Chapter 13.08 is -^-""^ amended to require the property owner to supply and install the service line,fittings,and tile.Anewchapter //~J^ is created which establishes the fees to be paid for these services. The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. Jls-Y y/7 7 JOS'/ 4781 CITY COUNCIL MINUTES: 4 August 24, 1993 Action Taken:Mr.Jackson moved that the first reading of the ordinance be adopted,seconded by Mr. Pearce,and passed unanimously. The ordinance creating Chapter 3.58 of the Moses Lake Municipal Code entitled "Water Connection Fees" was read by title only. Action Taken:Mr.Biallas moved that the first reading of the ordinance be adopted,seconded by Mr. Jackson,and passed unanimously. ,,>ORDINANCES -LICENSING REGULATIONS/NUISANCES -1ST READINGS f~*) Three ordinances were presented which would prohibitthe sale of goods,wares, or merchandise from open vacant property when the activity is not associated with an adjacent indoor facilityor a community festival or fair. Joseph K. Gavinski, City Manager,distributed an amended copy of the ordinances which would allow for Christmas tree stands and fireworks stands,but not produce stands.He also distributed information from other cities on how they handle itinerant and mobile vendors. Mr.Biallas felt that itinerant and mobile vendors distract from the appearance and respectability of the city and createstraffic problems.They competewith established businessesthat hire employees and pay taxes. Mr.Rimple pointed out that everyone should have the chance to sell their wares and the city can control it through licensing fees. There was some discussion by the Council and it was the consensus that no action be taken until the Planning Commission has a chance to address the issue. Action Taken:Mr.Jackson moved that the item be tabled until the Planning Commission has had a chance to address the issue of itinerant and mobile vendors,seconded by Mr.Collier,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS -None P c\[p m /pp IX.OTHER ITEMS FOR COUNCIL CONSIDERATION PARKS DEPARTMENT -PERSONNEL Staff requested authorization to hire an additional employee in the Park and Recreation Department in the maintenance division. There was some discussion. Action Taken: Mrs. Brown moved that staff be authorized to hire an additional maintenance employee in the Park and Recreation Department and that the sales tax contribution to the General Fund be increased in order to fund the position,seconded by Mr.Biallas,and passed unanimously. POLICE RESERVE POUCY A draft policy regarding Moses Lake Reserve Officers was presented. Joseph K.Gavinski, City Manager,stated that the policy conforms to state law and statesthat reservists will no longer be allowed to do off-duty details. There was some discussion by the Council on how much security service the city wishes to provide. Itwas determined that the city should provide security to public entities but not private parties. Action Taken:Mr.Jackson moved that the policy be adopted,seconded by Mr.Pearce, and passed unanimously. X.COUNCIL QUESTIONS AND COMMENTS SKATEBOARD FACILITY Mr.Jackson wanted to know what liability the city has in relation to the skateboard facility. Joseph K.Gavinski,City Manager,stated that so long as no fee is charged there should be no liability. The opening ceremony forthe skateboard facility will be Friday at 10 a.m. n n 4782 CITY COUNCIL MINUTES:5 August 24, 1993 XI.CITY MANAGER REPORTS AND COMMENTS RELOCATE COF GENERATOR Joseph K.Gavinski, City Manager,presented information on the request to relocate the generator at the COF Building.The generator is currently located in the electrical room and the heat produced by the generator has a long term effect on the electrical control panels.An above ground fuel tank will also be installed which will replace the existing underground fuel tank. CODE COMPLIANCE REPORT -WEEDS/DEBRIS/VEHICLE HULKS A report was presented which indicatesthe number of service requests the city has received and taken care of concerning weeds,debris,and vehicle hulks since the beginning of the year. There was some discussion by the Council on the weed problem and it was suggested that the Council be taken on a tour of the city to view the problem.The city's ordinances should probably also be updated. GROWTH MANAGEMENT Joseph K.Gavinski, City Manager,stated that the county wide policies are not yet in place.He mentioned that the Planning Commission has looked at the existing comprehensive plan land use map and has made some additional changes.When the map is completed it will be forwarded to the City Council. HOUSING NEEDS ASSESSMENT Joseph K.Gavinski, City Manager,stated that the housing needs assessment for Grant County will be discussed at the next Council meeting. AQUATIC CENTER Joseph K.Gavinski, City Manager,distributed some information on the cost of indoor swimming facilities being proposed in Bellingham and Springfield,Oregon. NEPPEL SCHOOL /D2) 1/9-7 /D9* /O06 Joseph K.Gavinski, City Manager,distributed a letter from the Grant County Historical Museum concerning the old Neppel School. The regular meeting was recessed at 10:10 p.m.and the Council met in an executive session to discuss real estate and litigation. The executive session was adjourned at 10:30 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 10:30 p.m. ATTEST: QdJJLl Finance Director ^c^c.