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1993 03 09Kj Kj 4720 MOSES LAKE CITY COUNCIL March 9,1993 Council Present:Wayne Rimple,JoAn Brown, Dick Collier,Richard Pearce,Bill Reese,JoAn Brown,Bill Reese,and Roger Biallas Absent:Daryl Jackson MINUTES:Mr.Pearce moved that the minutes of the February 23 meeting be approved as submitted, 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 Mrs. Brown, and passed with Mr.Biallas abstaining from voting for that portion of the bills to A & H Printers and Mr.Rimple abstaining from voting on that portion of the bills to Faber Industrial Supply and Moses Lake Steel Supply. Vouchers audited and certified bythe 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 March 9,1993 for the funds listed below are approved in the amount of $221,355.05. GENERAL FUND STREET STREET REPR/RECON MID-PENINSULA BLK GRT STREET IMPROVEMENT PARK &REC.IMPROVE WATER/SEWER FUND WATER/SEWER CONSTRUCTION Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internalcontrol policy approved by the City Council 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 $74,915.90 for all funds. $25,060.00 SANITATION FUND 54,676.98 279.60 SELF-INSURANCE 103.00 247.02 CENTRAL SERVICES 9,920.91 7.00 EQUIP RENTAL-OPERATIONS 15,861.72 21,759.71 BUILD MAINT-OPERATIONS 11,050.65 22,446.42 5,088.07 TOTAL $221,355.05 54,853.97 GENERAL $440.39 CENTRAL SERVICES 258.30 STREET 17.23 BUILD MAINT-OPERATIONS 5.00 WATER/SEWER FUND 4,149.93 SANITATION FUND 4,853.88 TOTAL $9,724.73 Checks:Checks 36621 through 36887 issued on February 24, 1993 were approved for payment at the Council meeting held on March 9,1993 in the total amount of $112,615.41. Payroll:The payroll issued on February26,1993 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 77755 through 77916 in the amount of $204,985.07. I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS -None III.CONSENT AGENDA Resolution -Accept Donation -Varda Alarm -PKF &Moore Jewelry:A resolution was presented which_2iJ-Z accepts a donation from PKR &Moore Jewelry for a varda alarm to be placed at 817 W.Third Avenue./Oc'^ Resolution -Interfund Loan -Satellite Fire Station:Aresolution was presented which authorizes an interfund /QIO '^> loan from the Firemen's Pension Fund to the Building Maintenance Fund for the construction and other associated costs relating to the satellite fire station. i J Resolution -Lease-Purchase Agreement:Aresolution was presented which authorizes the City Manager //3& —to sign a lease/purchase agreement with Banc One Leasing Corporation. Resolution -Accept Donation -Varda Alarm -Barney Googles:A resolution was presented which accepts //7 <? a donation from Barney Googles for a varda alarm tobe placed at 302 W.Broadway.—J'O'tfO Ordinances -Home Occupations -2nd Readings:The following ordinances were presented which bring the /n^/ chapters into compliance with the new home occupation ordinance. An ordinance amending Chapter 18.56 of the Moses Lake Municipal Code entitled "Signs and Billboards". An ordinance amending Chapter 18.06 of the Moses Lake Municipal Code entitled "Definitions". 4721 CITY COUNCIL MINUTES:2 March 9,1993 An ordinance amending Chapter 18.12 of the Moses Lake Municipal Code entitled "AG,Agricultural Zone". An ordinance amending Chapter 18.14 of the Moses Lake Municipal Code entitled "RR, Rural Residential Zone". An ordinance amending Chapter 18.16 of the Moses Lake Municipal Code entitled "R-1,Single Family Residential Zone". An ordinance amending Chapter 18.19 of the Moses Lake Municipal Code entitled "R-2,Single Family and Two Family Residential Zone".//""^1 An ordinance amending Chapter 18.22 of the Moses Lake Municipal Code entitled "R-3,Multi-Family Residential Zone". An ordinance amending Chapter 18.24 of the Moses Lake Municipal Code entitled "MH,Mobile Home Subdivision Zone". An ordinance amending Chapter 18.65 ofthe Moses Lake Municipal Code entitled "MH,Manufactured Home Park". //^f?An ordinance amending Chapter 8.08 ofthe Moses Lake Municipal Code entitled "Garbage Collection". Action Taken:Mr.Reese moved that the Consent Agenda be approved,seconded by Mr.Biallas, and passed unanimously. ))b IV.CONSIDERATION OF BIDS \j SEWER TELEMETRY PROJECT Staff recommendedthatthe bid forthe sewertelemetry project at the Central Operations Facilitybeawarded to Technical Systems,Inc. A question was raised on why the bid was over the engineer's estimate.Staff reported that it is a specialty project and since staff has no expertise in this area, a true estimate was difficult to project. Staff has discussed the bid with Technical Systems and feels it is a fair bid. Action Taken: Mrs. Brown moved that the bid be awarded to Technical Systems,Inc.,seconded by Mr. Biallas,and passed with Mr.Pearce opposed. WELL 14 PUMPHOUSE )Q2 'Staff recommended that thebid ontheWell 14 Pumphouse project be awarded to Irrigator's Inc. Action Taken:Mr.Reese moved that the bid be awarded to Irrigator's Inc.,seconded by Mr.Collier,and passed unanimously. LARSON PLAYFIELD UGHTING PROJECT Staff recommended that the bid for the new youth baseball field lighting project at Larson Playfield be awarded to Inland Electric. Action Taken:Mr.Pearce moved that the bid be awarded to Inland Electric,seconded by Mrs.Brown, and passed unanimously. V.PETITIONS.COMMUNICATIONS.OR PUBUC HEARINGS COMMUNICATION -GRANT COUNTY SOLID WASTE MANAGEMENT PLAN -RESOLUTION The current GrantCounty Comprehensive Solid Waste Management Plan requires updating and the city must be involved inthe process. A resolution was presented which indicatesthe city will cooperate with Grant County in updating the plan and authorizes the City Manager to sign any necessary documents.(~*\ The resolution stating the city'sagreementto cooperatewithGrant Countyinthe preparation ofan updated Comprehensive SolidWaste Management Plan forGrantCounty was read by title only. ActionTaken:Mr.Biallas moved that the resolution be adopted,seconded by Mrs.Brown,and passed unanimously. c\ 4722 CITY COUNCIL MINUTES:3 March 9, 1993 COMMUNICATION -GRANT COUNTY ECONOMIC DEVELOPMENT COUNCIL -HOUSING ASSESSMENT tQ32 NEED -BLOCK GRANT -RESOLUTION The Grant County Economic Development Council has requested the city participate in a county-wide housing needs assessment and to endorse GrantCounty as the sponsoring lead agency inan application for a block grant for planning purposes which will also include the preparation of a citizens participation plan.The proposed resolutionauthorizesthe City Manager to execute any necessary documents and also authorizes the Mayor to appoint a housing committee with a representative to serve on the county-wide housing task force. \^J The resolution authorizing participation with Grant County,Washington,in a housing needs assessment program and "planning only" CDBG grant application was read by title only. Action Taken:Mr.Biallas moved that the resolution be adopted,seconded by Mr.Collier,and passed unanimously. ^J u COMMUNICATION -PUBLIC TRANSPORTATION BENEFIT AREA The Public Transportation Benefit Area has been established and a meeting has been set for March 11 in Ephrata. Mrs. Brown was appointed to act as the city's representative on the PTBA Board. COMMUNICATION -ALANO CLUB The Alano Club requested funding from the city inthe amount of $6,000 to help pay for a full time manager. John Jerentowski,President of the Moses Lake Alano Club,stated that theyare providing a very worthwhile service and their funds are basically from donations.At the present time the club is only open a few hours a day and there is a need to keep the club open on a longer daily basis. Joseph K.Gavinski, City Manager,stated that the only other contract the city has for provision of services to the community is with the Senior Center for the provision of recreational services to seniors. There was some discussion by the Council and concern was expressed about involving the city in sponsoring these type of organizations,even though they do good work. It was pointed out that such requests for funding should be more fully discussed. Action Taken:Mr.Reese moved that the request be tabled,seconded by Mr.Pearce,and passed unanimously. COMMUNICATION -PLANNED DEVELOPMENT DISTRICT ZONE AMENDMENT Soroush Adib has requested an amendment of the Planned Development District Zone to allow the City Council to grant a variance for the requirement that a planned unit development district be platted. Larry Angell,representing Mr.Adib,stated that it was the City Attorney's opinion that the Planned Development District Zone does not allow for the City Council to grant an exception to the platting requirements and Mr.Adib is requesting that the ordinance be amended to allow such an exception.The reason for that is that Mr.Adib is looking at the old Stop and Shop for a commercial development and the property cannot be zoned commercial as it would be considered a spot zone. James A. Whitaker, City Attorney,stated that when the planned development district zone was adopted it was intended that development on unplatted property would be kept to a minimum.This proposal is a one lot,unplatted parcel proposed for PUDdevelopment and underthe ordinance platting is required and there is no provision for a waiver. Mr.Angell pointed out that the Council has granted exceptions to platting requirements in the past and mentioned that all required platting improvements are in place for the property Mr.Adib is interested in. Mr.Pearce feltthat the intent of the planned development district wasto allow some flexibilityto developers in placement of buildings and open space and he felt developers were using itto get around certain zoning requirements. Mr.Angell pointed out that this particular development Would be in compliance with whatever requirements were imposed by the Council.Mr.Adib would simply like to use an existing structure for a commercial enterprise in an R-1 Zone.The only wayto do that is with a planned unit development.He felt that there is no need to require platting of the parcel since all improvements are in place. There was some discussion bythe Council and it was felt that the Planning Commission should review the planned development district ordinance but that the Council should give some direction. Action Taken:Mr.Pearce moved that the item betabled,seconded by Mr.Reese,and passed unanimously. tm /O/d /Oo~ 4723 CITY COUNCIL MINUTES:4 March 9,1993 ffiif ORDINANCE -HOME OCCUPATION -2ND READING/PUBLIC HEARING An ordinance was presented which creates a chapter inthe Municipal Code dealing with home occupations. The public hearing was opened.There were no comments. The ordinance creating Chapter 18.55 of the Moses Lake Municipal Code entitled "Home Occupations"was read by title only. Action Taken:Mr.Collier moved that the public hearing be closed,seconded by Mr.Biallas,and passed ^\ unanimously. Action Taken:Mr. Collier moved that the ordinance be amended to delete section 18.55.040 F. 3.,the second reading of the ordinance be adopted and the summary for publication be approved,seconded by Mr.Pearce. Mr.Biallasfeltthat some changes should be made tothe ordinance as he felt that businesses in a residential area should be very limited. There was considerable discussion by the Council. Action Taken:Mr.Biallas moved that the ordinance be amended to delete Section 18.55.040 I,seconded by Mr.Pearce, and passed with Mrs. Brown opposed. I&3 P The motion was passed unanimously. ORDINANCE -REINHARD ANNEXATION -2ND READING/PUBLIC HEARING An ordinance was presented which annexes property owned by ErnieReinhard in the KittlesonCorner area. The public hearing was opened.There were no comments. Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Collier,and passed unanimously. The ordinanceannexing certainspecified territory to the Cityof Moses Lake,Washington, and incorporating the same withinthe 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:Mrs.Brown moved that the second reading of the ordinance be adopted and the summary for publication be approved,seconded by Mr.Pearce, and passed unanimously. ORDINANCE -STURM ANNEXATION -2ND READING/PUBLIC HEARING An ordinance was presented which annexes property owned by Gary Sturm in the KittlesonCorner area. The public hearing was opened.There were no comments. ActionTaken:Mr.Reese moved that the public hearing be closed, seconded by Mr.Collier,and passed unanimously. The ordinance annexingcertain specifiedterritory tothe Cityof Moses Lake,Washington,and incorporating the same within the corporatelimits of the Cityof Moses Lake,and which provides for the assumption of existing indebtedness and establishes the zoning was read by title only. Action Taken:Mr.Collier moved thatthe second reading ofthe ordinance be adopted and the summary for publicationbe approved,seconded by Mr.Reese, and passed unanimously. VI.ORDINANCES AND RESOLUTIONS 0j.f |ORDINANCE -STATE ENVIRONMENTAL POLICY ACT -2ND READING ("*""> An ordinancewas presented which amends the environmental regulations ofthe cityto allowstaffto make the threshold determination on Environmental Checklists. The ordinance amending Chapter 14.06 of the Moses Lake Municipal Code entitled "State Environmental Policy Act"was read by title only. Action Taken:Mr.Pearce movedthatthe second reading ofthe ordinance be adopted andthe summary for publication be approved,seconded by Mr.Collier,and passed unanimously. n /ol/s'c 4724 CITY COUNCIL MINUTES:5 March 9, 1993 ORDINANCE -SID #3 FINAL ASSESSMENT -2ND READING An ordinance was presented which approves and confirms the assessments and assessment roll for Sidewalk Improvement District #3. The ordinance approving and confirming the assessments and assessment roll for Sidewalk Improvement District No. 3 which has been created and established forthe purpose of payinga portion of the cost of improving Plat of Neppel, Block 11,Lots 1 and 2, as they front on BroadwayAvenue and Balsam Street; Block 21,Lots 13 through 24 as they fronton Alder Street, Third Avenue, and Division Street; Block 26,the northerly 24.29feet of Lot24 as itfrontson Division Street; Block 31,the northerly 90 feet of Lots 1through \^J 6 and Lots 7through 8as they front on Ash Street and Broadway Avenue and Lot 12 as it fronts on Beech Street; Block 36, Lots 2 through 12 as they front on BroadwayAvenue and Cedar Street; Block I,Lots 1 through 13 as they front on Broadway Avenue;Guffln Tract,Block 32, Lot 13 as it fronts on Third Avenue and Lots 1 through 8 as they front on Third Avenue and Ash Street;and Guffin Tract 2,Block 37, Lot 1 as it fronts on Third Avenue in the City of Moses Lake as provided by Resolution No.1647 and levying and assessing an amount against the several lots, tracts, parcels of land, and other property shown on said roll was read by title only. Action Taken:Mr.Biallas moved that the second reading of the ordinance be adopted and the summary for publication be approved,seconded by Mrs.Brown, and passed unanimously. RESOLUTION -SID #3 -SET PRE-PAYMENT TERMS A resolution was presented which providesfor the paymentof assessments confirmed and levied inSidewalk Improvement District #3. The resolution providing for the payment of assessments confirmed and levied in Sidewalk Improvement District No. 3 was read by title only. Action Taken:Mr.Collier moved that the resolution be adopted,seconded by Mr.Biallas, and passed unanimously. RESOLUTION -SPRING FESTIVAL -—*A resolution was presented which sets the dates and city involvement in the Spring Festival.Authorization M was also requested for the City Manager to sign the required hold harmless agreement. The resolution regarding the Moses Lake Spring Festivalto be held May 22,23,27,28,29,and 30,1993 was read by title only. ActionTaken:Mrs.Brown moved that the resolution be adopted and the City Manager be authorized to sign the hold harmless agreement,seconded by Mr.Peace,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS VEHICLES Staff requested authorization to call for bids for a 1/2 ton pick up and a 3/4 ton cab and chassis for the 101 7 Public Works Division. Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Biallas, and passed unanimously. /o'A-c u III.REFERRALS FROM COMMISSIONS LARSON CONCESSION AGREEMENT The Moses LakeYouth organization has indicated they no longerwish to be involved inthe concession operation at Larson Playfield.Atthe requestofthe Park and Recreation Commission,staffhasworked out a one year agreement with the Larson Playfield concession operators.With the increasing requests for concessions at various city facilities,the Commission will developa policy concerning concessions at city facilities for approval by the Council. Action Taken:Mr.Biallas movedthatthe City Manager be authorized to signthe agreement,seconded by Mr.Collier,and passed unanimously. WZ /iu> 4725 CITY COUNCIL MINUTES:6 March 9,1993 IX.OTHER ITEMS FOR COUNCIL CONSIDERATION ^0 REQUEST TO BUILD OVER CITY RIGHT-OF-WAY - 3M SIGNS 3M National Advertising Company has requested permission to increase the deck of the billboard sign located on Broadway from 20"to 36"for safety reasons. This will put the deck out over city sidewalk. 3M is willing to raisethe height of the sign to eliminate any potential height hazard. The total height of the sign would not exceed 25'. Mr.Pearce stated that he would be abstaining from participationinthis item since the property immediately /"—N adjacent is owned by his wife. It was pointed out that ifthe sign is raised to meet the safety requirements, itwould mean rebuilding the sign. Allowing3M the use of city right-of-waywould not benefit the community. Action Taken:Mr.Biallas moved that the request to build over city right-of-way be denied,seconded by Mrs.Brown. Mr.Rimple pointed out that the request to build over city right-of-way is for safety reasons. Mr.Collier felt that it would be setting a precedent and the giving of an advantage to an individual. The motion passed with Mr.Reese opposed and Mr.Pearce abstaining. SKYLINE AND LONGVIEW WATER SYSTEMS Norman Vehrs,owner of the Skyline and LongviewWater systems,is inthe process of selling those systems and has offered them to the city. After inspecting both systems,it is the conclusion of the Engineering Division that the systems would have very little benefit to the city as it will take a great deal of money to upgrade them to city standards. Action Taken:Mr.Pearce moved that Mr.Vehrs be notified that the city is not interested in purchasing the Skyline or Longview Tracts Water Systems,seconded by Mr.Collier, and passed unanimously. ji_|L|HARRIS CONDITIONAL USE PERMIT -APPEAL An appeal has been received concerning the granting of a conditional use permit to Barbara Harris for the operation of a stained glass business located in the garage of her residence at 1233 Division.The appeal is based on the fact that the home occupation would not be carried on entirely within the residence. Mr.Rimple stated that his concern was that the business proposed by Mrs. Harris would be taking place in their garage and not in the residence.He did not feel the ordinance would allow a home occupation in a garage as the ordinance states a home occupation shall not occupy more than 25% of the resident floor area which is finished for living purposes. Mrs. Harrisdistributed a written statementand photos showing the garage is attached to the residence.She pointed out that her stained glass hobby was in her garage forthe past 14 years untila store was opened on Broadway in 1989. Tom Harris read letters of support from Don &Nancy Burk, Jean B.Williams,and Larryand Deb Hembroff. Mrs.Schaden,1221 Baker,stated that she could see no reason for the Harris'not to have this business. Mr.Rimple wanted a clarification on whether or not a garage would be considered partof the home used for living purposes. Mr.Pearce did not feelthe ordinance precluded the use of the garage forthe home occupation. Mrs.Harris pointed out that the garage has finished walls,carpet, and florescent lights. Mrs.Brown pointed out that the entrance to the garage is from the home and she also felt that the f""^ ordinance does not preclude the operation of a home occupation ina garage. James A.Whitaker,City Attorney,stated that the city has allowed home occupations in attached garages l underthe previous ordinance.The appeal must be considered under the old ordinance and the conditions that prevailed in the city under that ordinance. Joseph K.Gavinski,City Manager,pointed out that no appeals were ever filed inany cases where home occupations may have previously been allowed in garages. There was some discussion by the Council. n 4726 CITY COUNCIL MINUTES:March 9, 1993 ActionTaken:Mrs.Brownmoved that the decision of the Planning Commission be sustained,seconded by Mr.Reese, and passed with Mr.Biallas and Mr.Rimple opposed. Mr.Rimple requested a recommendation fromthe Councilon whether or not a home occupation should be allowed in an attached garage. Mr.Biallas feltthat the ordinance should definitely be "living space" and a home occupation should not be housed in an attached garage. There was considerable discussion by the Council on whether or not the ordinance should be amended to V_y allow a home occupation inan attached garage.The amount of spaceto be used by the home occupation would be figured on the total amount of living space,excluding the attached garage. Action Taken:Mr.Rimple moved that the home occupation ordinance be amended in Section 18.55.040 B.to include "orattached garage" to the last sentence,seconded by Mr.Biallas,and failedwith Mr.Rimple, Mr.Biallas, and Mr.Collier in favor and Mr.Pearce,Mr.Reese,and Mrs. Brown opposed. ANNEXATION -MAINE Larry Maine,1941 Westshore,has requested the annexation of his property,Lot 8,Golden Acres Addition, to the city so that he can connect to city water. Action Taken:Mr.Biallas moved that the request be forwarded to the Planning Commission and that April 29 be setasthe date to considerthe recommendation of the Planning Commission,seconded by Mr.Reese, and passed unanimously. SEPTIC TANK SLUDGE DISPOSAL Robert St.Clair,St. ClairSewer and Drain Service,has requested permission to dump septic tank sewage into the city's sewage system. Joseph K.Gavinski,City Manager,pointed out that the city has one person who is currently discharging septic tank sludge to the city's sewer system.Ifthe disposal of septic tank sludge becomes an issue,the city would prefer to discontinue anydumping of the sludge into the city's system rather than compound the problem. /o<r<f u u Mr.St. Clair stated that the county has refused to do anything about the disposal of septic tank sludge as they claim it is not their problem.Because Basin Septic Tank has a contract with the city, it is the only company that can dispose of septic tank sludge. James A. Whitaker, City Attorney,stated that the city is not obligated to allow anyone to dispose of septic tank sludge through the city's system. There was some discussion by the Council on the problem and the impact the introduction of septic tank sludge would have on the city's system. Action Taken:Mr.Pearce moved that the request from St. Clair Sewer and Drain Service to dump septic tank sewage into the city's sewage system be denied,seconded by Mr.Biallas, and passed unanimously. Action Taken:Mr.Pearce moved that the contract with Basin Septic Tank Service be terminated within 30 days from the date of notice to terminate,seconded by Mr.Biallas, and passed unanimously. X.COUNCIL QUESTIONS AND COMMENTS -None XI.CITY MANAGER REPORTS AND COMMENTS BOUNDARY REVIEW BOARD APPOINTMENTS Joseph K.Gavinski, City Manager,stated that there are several appointments availableto the Grant County Boundary Review Board,one of which is to be agreed upon by all the Mayors in Grant County. SPRING FESTIVAL -MCCOSH PARK UTILITIES The Moses Lake Spring Festival Committee has requested that the construction of the new aquatic center be delayed until after the Spring Festival has taken place.The Committee also requested the city install electrical and water systems for the entrane area of the Centennial Amphitheater and to extend north and south of the entrance.Installing a pad mount transformer would allow for improved tennis court lighting, lighting of the proposed Veterans Memorial,improved park lighting,use by functions at the amphitheater, underground service to restroom on the south end of the park, and installation of permanent drinking foun tains. Joseph K. Gavinski, City Manager,stated that the proposed improvements have been discussed with the architect of the aquatic center to see ifthey can be incorporated into that construction project. /OS? /Of /2J£ /^3 4727 CITY COUNCIL MINUTES:8 COUNCIL/STAFF RETREAT March 9,1993 Joseph K. Gavinski, City Manager,stated that the Council/staff retreat is March 13 and 14 and the information will be given to Council on Thursday. The regular meeting was recessed at 10:25 p.m. and the Council met in an executive session to discuss labor relations.The executive session was adjoumed at 11 p.m. and the regular meeting was reconvened. The regular meeting was adjourned at 11 p.m. ATTEST: /?mJv7x Finance Director n n n