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1992 10 13o ^J VJ Members Present: 4674 MOSES LAKE CITY COUNCIL October 13,1992 Wayne Rimple,Daryl Jackson,Dick Collier,JoAn Brown, Richard Pearce,Bill Reese,and Roger Biallas MINUTES:Mrs. Brown moved that the minutes of the meeting of September 22,1992 be approved, seconded by Mr. Biallas,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Biallas moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Collier,and passed with Mr.Rimple abstaining from voting forthat portion of the billsto Moses Lake Steel Supply and Faber Industrial. Vouchers audited and certified by the Finance Director as 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 13, 1992 for the funds listed below are approved in the amount of $973,536.81. GENERAL FUND STREET STREET REPR/RECON EQUIPMENT LEASES STREET IMPROVEMENT WATER/SEWER FUND WATER/SEWER CONSTRUCTION 22,002.79 TOTAL $973,536.81 Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030andthe internal controlpolicyapproved bythe CityCouncilhave 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 $69,869.34 for all funds. $140,961.41 SANITATION FUND 70,336.56 16,421.54 SELF-INSURANCE 10,500.00 4,292.55 CENTRAL SERVICES 186,554.01 65.54 EQUIP RENTAL-OPERATIONS 151,772.26 307,221.65 BUILD MAINT-OPERATIONS 37,607.68 25,800.82 GENERAL $3,051.17 WATER/SEWER FUND 334.22 SELF-INSURANCE 10,000.00 CENTRAL SERVICES 1,324.55 EQUIPMENT RENTAL-OPERATIONS 647.07 BUILD MAINT-OPERATIONS 54,512.33 TOTAL $69,869.34 Checks:Checks 35329 through 35511 issued on September 23,1992 were approved for payment at the Council meeting held on October 13,1992 in the total amount of $421,352.58. Payroll:The payroll issued on September 25,1992 having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks75909 through 76068 in the amount of $199,033.55. Payroll:The payroll issued on September 30,1992 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 76069 through 76084 in the amount of $8,149.25. Payroll:The payroll issued on October 9,1992 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 76085 through 76234 inthe amount of $162,919.67. PROCLAMATION The proclamation declaringOctober 1992as Crime Prevention Monthwas read in its entirety. BOY SCOUTS Pack 67 ofthe Cub Scouts and Troop 69 ofthe Boy Scouts were visiting the Council as a part ofthe jn/ requirements for a merit badge in communications. I.CITIZEN INPUT -None /#A II.EMPLOYEE PRESENTATIONS Municipal Services Department:Public Works Division:Tony Reichlin,Wastewater Treatment Plant Operator,and Travis Smith,Maint.Worker II (Sewer),were introduced to Council.Engineering Division:j0 John Christensen,Engineering Tech I,was introduced to Council.Shawn O'Brien,Design Engineer,has passed the Fundamentals of Engineering exam and will be receivea certificate within 4 to 6 months. Police Department:David Sands,Police Officer,has graduated from the Law Enforcement Academyand }0 was presented with a graduation certificate. £ a 4675 CITY COUNCIL MINUTES:2 October 13,1992 III.CONSENT AGENDA ijjQ Ice Rink Expansion:Due to the expansion oftheice rink,staff requested permission to close the alley off 'of Fourth Avenue to the beginning of the paved area at U. S. Bank. \ql\U>Resolution -Accept Donation:A resolution was presented which accepts $2,000 from the Taishin Group 'ofJapan tobeused in the Park and Recreation Department. p 3 Resolution -Accept Easement:Aresolution waspresented which acceptsaneasementfrom Trans Cascade Development for utilities on Marina Drive.Z0**) Resolution -Chopaka Limited Partnership: A resolution was presented which accepts an easement from Chopaka Limited Partnership for utilities adjacent to the Hardenburgh Short Platon Pioneer Way. Resolution -Accept Street/Utility Improvements:A resolution was presented whichaccepts streetand utility improvements constructed as part of the Hardenburgh Short Plat. ij Resolution -AcceptWater Line:A resolution was presented which acceptsa water line constructed as part of the Takata Moses Lake facility. Resolution - Grant Easement:A resolution was presented which grants an easement to Thelma Cross in order to use city property to access Neppel Street. Southqate Addition Phase 1:United Builders has submitted Phase I of the Southgate Addition Subdivision located on Division Street.The Council should set October 27 as the date to consider this preliminary plat for the Southgate Addition Phase I. Action Taken:Mr.Biallas moved that the Consent Agenda be approved,seconded by Mr.Reese,and passed unanimously. IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBUC HEARINGS cs AQUATIC DESIGN REVIEW COMMITTEE /*\ \The AquaticDesign ReviewCommittee unanimously recommendedtothe Council thatthe cityproceedwith the family aquatic center as designed and presented and also that the Council consider the following: 1.The depth of the competition pool should be such as to maximize the competition and instructional use. 2. Investigate the possibility of a removable divider between the zero depth beach area and the competitive area in order to minimize wave action during swim meets. 3. That other possible uses for Swedberg Pool be considered. Mr.Rimple thanked the Committee and accepted the recommendations of the Committee. REQUEST TO USE CITY RIGHT-OF-WAY -WALKER5A/P \0 MichaelWalker is requesting permission to fence a portion of city right-of-way within the bike path on Valley Road.The Council may wish to stipulate that any construction allowed would be removed at the expense of the property owner when requested to do so by the city. There was considerable discussion bythe Council concerning the accumulative effect this may have on the area if other property owners wish to fence a part of the city's right-of-way and the possibility of property disputes in the future if fences are allowed to be constructed on city right-of-way instead of on the property line. Action Taken:Mr.Pearce moved that permission to build on city right-of-way be denied,seconded by Mr. Jackson,and passed with Mr.Reese and Mr.Collier opposed. VI.ORDINANCES AND RESOLUTIONS ORDINANCES -PAWNBROKERS &SECONDHAND DEALERS/SOUCITORS/TAXICABS -SINGLE l*%READINGS Ordinances were presented which raise the fees forfingerprint processing for Pawnbrokers and Secondhand Dealers,Solicitors,and Taxi Drivers to $65. The ordinance amending Chapter 5.22 of the Moses Lake Municipal Code entitled "Pawnbrokers and Secondhand Dealers"was read by title only. r\ 4676 CITY COUNCIL MINUTES:3 October 13,1992 Action Taken:Mr.Jackson moved that an emergency be declared,the ordinance be adopted on a single reading, and the summary for publication be approved,seconded byMrs.Brown,and passed unanimously. The ordinance amending Chapter 5.36 of the Moses Lake Municipal Code entitled "Solicitors"was read by title only. Action Taken:Mrs.Brown moved that an emergency be declared, the ordinance be adopted on a single reading, and the summary for publication be approved,seconded by Mr.Pearce and passed unanimously. f The ordinance amending Chapter 5.40 of the Moses Lake Municipal Code entitled "Taxicabs"was read by V_y title only. ActionTaken:Mr.Collier moved that an emergency be declared, the ordinance be adopted on a single reading,and the summary for publication be approved,seconded by Mr.Reese and passed unanimously. ORDINANCE -DRIVEWAY CONSTRUCTION -SINGLE READING An ordinance was presented which amends the driveway construction standards in order to provide for a variance procedure. The ordinance amending Chapter 12.10 of the Moses Lake Municipal Code entitled "Driveway Construction Standards"was read by title only. Action Taken:Mr.Pearce moved that an emergency be declared,the ordinance be adopted on a single reading, and the summary for publication be approved,seconded by Mrs.Brown, and passed unanimously. ORDINANCE -PUBUC HEARING PROCEDURES -1ST READING An ordinance was presented which amends the public hearing procedures ordinance to bring it into conformity with state law and to raise the application fees for zone change requests,conditional and unmentioned uses,non-conforming uses,and zoning variances. The ordinance amending Chapter 18.72 of the Moses Lake Municipal Code entitled "Public Hearing Procedures"was read by title only. (i ActionTaken:Mr.Biallas moved that the first readingofthe ordinance be adopted,seconded by Mr.Collier, ^-^and passed unanimously. RESOLUTION/AGREEMENT -ACCEPT DONATION/VARDA ALARM -NORTH CENTRAL CONSTRUCTION ^qCf North Central Construction has requested aVarda Alarm to be placed in their business on KIttleson Road./^c/^ A resolution was presented which accepts a $2,226.50 contribution to cover the cost of the Varda Alarm. The City Manager should also be authorizedto execute the agreement with North Central Construction for the placement of a Varda Alarm in that business. The resolution accepting a donation of $2,226.50 from North Central Construction,Inc.to be used by the Cityof Moses Lake forthe purchase of a VardaSilent Alarm System was read by titleonly. Action Taken:Mr.Collier moved that the resolution be adopted,seconded by Mr.Biallas,and passed unanimously. ActionTaken:Mr.Collier moved that the City Manager be authorizedto sign the agreement,seconded by Mr.Reese,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None III.REFERRALS FROM COMMISSIONS ORDINANCE -RESIDENT WATCHPERSON -1ST READING \\An ordinance was presented which amends the Public zone to allow dwelling units for resident watchpersons employed by a municipality, state,county,federal government,or a non-profit corporation or quasi-public agency as a conditional use.The Planning Commission recommended that the ordinance be adopted. The ordinance amending Chapter 18.48 of the Moses Lake Municipal Code entitled "P, Public Zone"was read by title only. Action Taken:Mr.Jackson moved that the first reading of the ordinance be adopted,seconded by Mrs. Brown,and passed unanimously. //&»/ /OS*/ ID*'I 06^ ,Q& )|01 4677 CITY COUNCIL MINUTES: 4 October 13,1992 DESERT HIGHLANDS PHASE I FINAL PLAT Maiers Development Corporation has submitted a final plat for Phase Iof the Desert Highlands subdivision located on DivisionStreet.The area is zoned R-1,Single FamilyResidential. The subdivision will be served with city water and sewer. The PlanningCommission recommended that the final platbe approved withthe stipulation that the comments from the City Engineer be addressed. Action Taken:Mr.Biallas moved that the final plat for Desert Highlands Phase I be approved with the stipulationthat the comments from the City Engineer be addressed and the findings of fact be accepted, seconded by Mr.Collier, and passed unanimously./^> IX.OTHER ITEMS FOR COUNCIL CONSIDERATION APPEAL -FARAG DUPLEXES George Knauss has appealed the Planning Commission's decision to allow Souly Farag to construct two duplexes with a common wall inan R-2Zone on two adjoininglots. Larry Angel],representing Mr.Farag,stated that Mr.Farag believes the Planning Commission made a reasonable decision,based upon the circumstances,to allowhis request. The R-2 zone is a transition zone between the more restrictive R-1 zone and the R-3zone. This project does notviolatethe intentor integrity of the R-2 Zone in that duplexes are allowed in this zone.Constructing the duplexes with a common wall will allow them to be built at a lower cost. Souly Farag stated that the PlanningCommission had approved his request to construct two duplexes with a common wallon two lots of record.Since the duplexes willbe constructed on two separate parcels,there will not be any adverse impact on the neighborhood. Mr.Pearce stated that two duplexes joined by a common wall would be a fourplex. He pointed out that there is no R-3 zone within a couple of blocks of this property. There was some discussion bythe Council and it was felt that granting this request would allow a fourplex inan R-2 zone.This may bring forth other requests for multi-familydwellings inthe R-2 zone.The R-2 zone prohibits multi-family dwellings. ActionTaken:Mr.Pearce moved that thedecision of the Planning Commission to allowtwo duplexes joined by a common wail on two lots of record be reversed and denied,seconded by Mr.Jackson, and passed unanimously. Findings of Fact: 1. The request is not consistent with the uses inan R-2Zone. 2. Two duplexes joined by a common wall is more In linewitha fourplex which is a multi-family use which is not allowed in the R-2 zone. Council directed that the Planning Commission review common wallconstruction in allzones. APPEAL -CARPENTER VARIANCE Ben Carpenter hasappealedthe decisionofthe Hearing Examiner to deny hisrequest for a variance ofthe side yard set back requirements ofthe R-1 Zone. The appeal was filed byGreggChandler well over60days after the variance was denied. Gregg Chandler,representing Mr.Carpenter,stated that the Carpenter'swere not awareofthe time frame for the appealandthey didnotunderstandthe Hearing Examiner's questions.If the proposed addition was attached to the rearofthe house, the Carpenterswouldloose a covered patioandthe view fromthe kitchen window of the lake. The encroachment of the proposed addition intothe set back would allowthe addition to look like partof the house. Ifthe variance is not allowed,the additionwould have to be set back and that will create a jog in the outline of the house. Itwas pointed outthatthe Council isalso bound be the same requirementsthatthe Hearing Examineruses in hearing a variance request. Action Taken:Mr.Jackson moved that the decision of the Hearing Examiner be sustained,seconded by Mr.Biallas,and passed unanimously. X.COUNCIL QUESTIONS AND COMMENTS DOWNTOWN BEAUTIFICATION Mr.Biallas requested that contact be madewiththe Department ofTransportationto see ifthe signals could be painted to match the new street lights. He also requested that the signal lights on Third be painted. rs o 4678 CITY COUNCIL MINUTES:5 October 13,1992 Gary Harer,Municipal Services Director,feltthat the DOT would be mainlyconcerned about maintenance but if the city were to maintain the paint job they may not have an objection. He stated that he would contact the DOT about the project. Itwas the direction of Council that staff proceed withthe painting of the signal standards as expeditiously as possible. Mr.Harer reported that the paver project is proceeding very nicely and should be completely done by December 1. W TOURISM COMMISSION Mr.Rimple stated that there are twoopeningson the Tourism Commission and any one interested should submit a letter to the city. XI.CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT The city received $49,824.57 from investments for the month of September. SALES TAX/TRANSIENT RENTAL INCOME : ATTEST: finance Director /003 The city received $180,179.51 in sales tax on September 30,1992. The cityalso received $13,611.01 from transient rental income on September 30,1992. LARSON WATER -CONTAMINATION Joseph K.Gavinski,City Manager,stated that the Larson Subdivision has qualified for EPA funding under the Superfund List. AGCCT MEETING Joseph K.Gavinski,City Manager,stated that the next AGCCT meeting will be in Soap Lake on Thursday,//JJ* October 29. REVENUE REPORT Joseph K.Gavinski, City Manager, distributed the year to date revenue and expenditure reports. BUDGET Budget study sessions were set for Monday,October 19 and Tuesday,October 20 at 7 p.m. in the Council Chambers. The regular meeting was recessed at 9 p.m.and the Council met in executive session to discuss possible litigation with regard to the Superfund.The executive session was adjourned at 9:30 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 9:30 p.m.