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1989 10 104359 CITY COUNCIL CITY OF MOSES LAKE October 10,1989 Members Present:Wayne Rimple,Bill Frederickson,Roger Biallas,David Chandler,Charles Edwards, and Bill Reese Absent:Norm Johnson MINUTES:Mr.Edwards movedthatthe minutesofthe meetingofSeptember 26,beapprovedas submitted, seconded by Mr.Chandler, and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ActionTaken:Mr.Reese moved thatthe bills,checks, and prepaid claimsissued be approved, seconded by Mr.Edwards,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Faber Industrial and Moses Lake Steel Supply. Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and those expense reimbursement claims certifiedas required by RCW42.24.090, have been recorded on a listingwhich has been made available to the City Council. Claims:Thevouchers included onthe belowlistas modified bythe Council and noted upon saidlistfor the Council meetingof October 10,1989 for the funds listed belowareapproved In the amount of $397,304.84 for all funds. GENERAL FUND $40,588.39 STREET 3,427.17 LARSON EXPANSION 4,291.97 CONVENTION CENTER 32,258.26 STREET IMPROVEMENT 14,745.34 PARK IMPROVEMENT 5,768.69 WATER/SEWER FUND 16,973.58 1985 BONDS/UUD3 2,477.22 1985 BONDS/UUD4 155,600.00 WATER/SEWER CONSTRUCTION 53,410.35 EAA LOANS 17,831.99 SANITATION FUND 34,348.75 CENTRAL SERVICES 7,114.26 BUILDING MAINTENANCE 2,651.35 EQUIPMENT RENTAL 3,560.00 LID #56 2.257.52 TOTAL $397,304.84 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 listing which has been made available to the City Council.The claims listed below are approved in the amount of $15,795.59 for all funds. GENERAL FUND $241.52 WATER/SEWER FUND 13,657.85 CENTRAL SERVICES 1.896.22 TOTAL $15,795.59 Payroll:The payroll issued on September 29,1989,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 63541 through 63680 inthe amount of $154,149.47. Payroll:The payroll issued on September 29,1989,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 63681 through 63700 in the amount of $7,971.96. Checks:Checks 21992 through 21993 issued on September 7,1989,checks 22035 through 22041 issued from September 13, 1989 through September 21, 1989,and checks 22043 through 22134 issued on September 27,1989 were approved for paymentat the Council meeting held on October 10,1989 inthetotal amount of $343,827.53. PROCLAMATION A proclamation declaring the week of October 23 as "Voice of Democracy Week"was read./' I.CITIZEN INPUT -None II.CONSENT AGENDA -None III.CONSIDERATION OF BIDS -None p4f pl \t>b<> \iP 4360 CITY COUNCIL MINUTES:2 October 10,1989 IV.PETITIONS.COMMUNICATIONS.OR PUBUC HEARINGS COMMUNICATION -MOSES LAKE CAB COMPANY Ray Flagg has requested that the Moses Lake Cab Company be restructured and renamed Moses Lake Charter and Limousine Service and that the city bus franchise under Moses Lake Cab Company be transferred to Moses Lake Charter and Limousine Service. Joseph K.Gavinski,City Manager,stated that a franchise has been granted to City Bus to operate a bus service. There is nothing inthe ordinances that allowfora transfer so itwould requirethe granting of a new franchise for a bus line to the newly formed or restructured company. There was some discussion by the Council. Action Taken:Mr.Reese moved that a franchise be granted to Moses Lake Charter and Limousine Service for the city bus lines,seconded by Mr.Chandler, and passed unanimously. COMMUNICATION -SIDE YARD SET BACKS -KELLY Garnet Kelly,856 S. Grand,requested that the side yard set backs for corner lots in residential zones be changed to allow a 12.5' side yard set back along the street sides instead of the current 25'set back. Mrs.Kelly stated that other garages have been builtwithin the side yard set backs.She felt that her lot is uniquely shaped and shewas treated unfairlyand discriminated against bythe Zoning Board of Adjustment when her request was first considered and denied.She stated that she built the garage,even though the variance request had been denied,in order to demonstrate that it was a good place for the garage and it was illogical to deny the requested variance.She feltthat the ordinance needs to be amended in order to provide relief to corner lot owners.She stated that it would be a monetary hardship on her to move the garage as she is being required to do at this time.She is requesting that the Council change the ordinance which would cause the garage to be in compliance. Mr.Frederickson stated that he would have no problem in working with the Planning Commission but a change in an ordinance should be for the benefit of a majority of the people and not just a few. Mr.Biallas pointed out that Mrs. Kelly built her garage in violation of city ordinance since her request was denied priorto construction.He mentioned that even ifa variance was granted to some one inviolation of the law, it would not justify the granting of another variance in violation of the law. No action was taken by Council. COMMUNICATION -SURVEY RESULTS Phil Copenhaver,Citizens Recreation Center Committee,presented the results of the survey that was conducted concerning the new swimming pool complex.He mentioned that the next step would be the drawing up of a petition to be presented to the Grant County Commissioners. Joseph K.Gavinski, City Manager,stated that the Grant County Commissioners would have to create a service area,either through the submission of a petition or by a resolution. Al Briggs, 2240 W.Broadway,presented some information on the cost of the swimming pool complex and pointed out that it would compete with private enterprise trying to make a living in the fitness field. PUBLIC HEARING -ORDINANCE -MOBERG ZONE CHANGE -2ND READING An ordinance was presented which provides for a zone change of Lot 11,Block 13,LakeviewTerrace Unit 1 from R-1,Single Family Residential, to R-3,Multi-family Residential. The lot fronts on Olive and Kiefer which are improved city streets.The lot is platted and served with city water and sewer.The zone change is requested in order to convert the existing house into a professional office in the future. The Planning Commission recommended that the zone change request be granted provided the area of the lot lying between the existing residence and Kiefer Drive remainas R-1 and that any portion of Laurel Drive legally attached to Lot 11 also be included in the zone change. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. The public hearing was opened.There were no comments. Mr.Reese moved that the public hearing be closed,seconded by Mr.Chandler,and passed unanimously. Action Taken:Mr.Biallas moved that the second reading of the ordinance be adopted and the summary for publicationbe approved,seconded by Mr.Chandler,and passed unanimously. 4361 CITY COUNCIL MINUTES:3 October 10,1989 V.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 1989 BUDGET An ordinance was presented which amends the 1989 budget./&/0 The ordinanceamending the 1989budget forthe Cityof Moses Lake,Washington was read by titleonly. ActionTaken:Mr.Biallas moved that the first readingofthe ordinancebe adopted,seconded by Mr.Reese, and passed unanimously. ORDINANCE -WEIGHT AND LOAD RESTRICTIONS -1ST READING An ordinance was presented which establishes atruck route for the city./Qp y The ordinance amending Chapter 10.16 of the Moses Lake Municipal Code entitled "Weight and Load Restrictions"was read by title only. Joseph K.Gavinski,City Manager,stated that the ordinance is being brought back as a first readingas a change was made in section 10.16.010 to change oneton net capacity to 10,000 lbs.gross vehicle weight. Also,since Broadwaywas included in the truck route and itis a state route,contact was madewith the state. The state has indicated interest in addressing the city's concerns regarding trucks on Broadway. The Council could consider this as a first reading at this time or wait for additional information from the state. MarvAiken, Vista Service Towing,spoke in favor of increasing the gross vehicle weight to 16,000 lbs. There was some discussion by the Council on the proposed truck route and ordinance. Action Taken:Mr.Biallas moved that the first reading of the ordinance be adopted,seconded by Mr. Chandler, and passed with Mr.Reese opposed and Mr.Frederickson abstaining. RESOLUTION -ESTABLISH NEW ACCOUNTS A resolution was presented which establishes accounts in the Street Improvement Fund and the Water/- Sewer Fund to be used to account for short term debts and inter-fund loans for various projects. The resolution establishing accounts inthe Street Improvement Fundand intheWater/Sewer Fund was read bytitle only. Action Taken:Mr.Edwards moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. RESOLUTION -INTERFUND LOAN Aresolution was presented which provides for an interfund loan from the Water/Sewer Fund tothe U.L.I.D./O/O ~4 Fund to cover the expenses of the account. The resolution authorizing an inter-fund loan was read by title only. Action Taken:Mr.Chandler moved that the resolution be adopted,seconded by Mr.Edwards,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS CENTENNIAL AMPHITHEATER Staff requested authorization to call for bids for the construction of the Centennial Amphitheater with the restroom and control facility as alternate 1 and the fireworks bunker as alternate 2. Action Taken:Mr.Chandler moved that the staff be authorized to call for bids,seconded by Mr.Edwards, and passed unanimously. VII.REFERRALS FROM COMMISSIONS WESTLAKE SHORES PHASE I -COVENANT REVIEW The CityCouncilapproved a plat amendment at its August 23,1983 meeting which allowed the developers //Jfr of theWestlake Shores residential subdivision to delay construction of the sidewalk along the south side of Sage Road through Tract B for three years. The developers proposed to use vegetation ratherthan riprap to stabilize the bank and requested a three year period to allow the vegetation to establish itself before reconsidering the sidewalk. A covenant was required and executed to runwith Block 2 of Westlake Shores Phase I forthe future construction of the sidewalk forTract Band repairingany damage to the street during the three year period. Re-evaluationof the need forsidewalkthrough Tract B and the use of vegetation for erosion control was required at the expiration of the three year period. In 1986 the Council approved a /O/O )> ifr \0 7-0 4362 CITY COUNCIL MINUTES:4 October 10,1989 request for an additional 3 year deferral of the requirement to construct sidewalk through Tract B and the placement of river rock in the low spots between Sage Road and the lake and to continue the use of vegetation for erosion control in lieu of the placement of riprap.The Planning Commission recommended that the request for an extension of the covenant be approved for one year. Action Taken:Mr.Frederlckson moved that the request for an extension of the covenant be approved for one year,seconded by Mr.Chandler, and passed unanimously. WESTLAKE SHORES PREUMINARY PLAT PHASE II - IV -REQUEST FOR EXTENSION John Corning, of the John's Real Estate Corporation, has requested that the Westlake Shores Preliminary Plat approval be extended for one year. Approval was granted on August 1,1982 for a three year period. A one year extension of plat approval was granted October 22, 1985 and expired August 1, 1986.The preliminary plat was resubmitted and approved by the City Council on October 14,1986.The resubmitted preliminaryplatwill expire on October 14,1989.The Planning Commission recommended that the request for a one year extension of preliminary plat approval be granted. Action Taken:Mr.Chandler moved that the request for a one year extension of preliminaryplat approval be granted,seconded by Mr.Frederickson, and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATIONS ACCEPT STREET AND UTILITY IMPROVEMENTS -BENNETT ADDITION The Bennett Addition was platted in 1956 and the developer was required to grade and gravel the streets and install water and sewer.The developer provided the city with a bond for the estimated cost of the improvements.Since the original platting the water and sewer was extended under an LID;some of the streets were graded and graveled as the area developed;and the developer completed grading and graveling Bemis and Syble Streets.The street and utilities should be accepted by the Council for maintenance by city staff. ActionTaken:Mr.Biallas moved that the streets and utilities inBennett Additionbe accepted,seconded by Mr.Chandler, and passed unanimously. GARBE MOTORS -PORTABLE SIGN ON CITY RIGHT-OF-WAY -REQUEST FOR RECONSIDERATION Kerry Garbeof Garbe Motors located at 704West Third has requested he be allowedto retain an existing permanent portable sign on city right-of-way in front of hisbusiness. The sign islocated In the planter strip behind the curb.The sign is not lighted.The area is zoned C-2, General Commercial and Business.The sign would be within the permitted square footage. The Planning Commission granted a conditional use permit forthe sign,contingent upon the permission of the Council to place the sign on city right-of-way. The Commission also recommended thatthe sign be removed when the sidewalk isimproved. The Council denied the request at the September 26 meeting.Mr.Garbe has requested that the Council reconsider the request and allowthe sign to be placed on city right-of-waywiththe understanding that It would be removed ifand when the sidewalk is improved and widened. There was some discussion by the Council on the question of signs on city right-of-way and Mr.Chandler and Mr.Biallas were opposed to them. ActionTaken:Mr.Biallasmoved that the request be denied,seconded by Mr.Chandler, and failed with Mr. Biallas and Mr.Chandler in favor. ActionTaken:Mr.Reese moved thatthe request be grantedas recommended bythe Planning Commission, seconded by Mr.Edwards and passed with Mr.Chandlerand Mr.Biallas opposed. ]Q^MOSES LAKE STATE PARK -REQUEST FOR DIRECTION The issue of the city's acquisition, lease, or license to operate Moses Lake State Park is scheduled for consideration atthe Washington State Parks and Recreation Commission'sOctober27,1989 meetingwhich will be held in Spokane. City Council direction on whether a licence, a lease, or acquisiton should be pursued is requested. Karen Wagner,Manager,Chamber of Commerce, stated that tourism is the fourth largestindustryinthe state.Considerable advertising outsidethe Moses Lake area hasbeendoneandmostweekends during the summer the campgrounds are completely full.She feltthe city should attempt to gain control of the State Park rather than leave it inthe control of the state as it is a valuable asset to the cityand a large tourist attraction. Alan McFadin statedthatthe state park is used by many peopleduring the yearand wouldencouragethe city to pursue its acquisition. Virgil Hastings stated that additional camping areas are needed. Ron Sawyer stated he would encouragethe cityto tryto acquirethe park. 4363 CITY COUNCIL MINUTES:5 October 10,1989 Mary Culwell,CoveWest,stated thatshe is opposedto the transfer of the park to the city.She felt the existing security would be better than what the city could provide andshe did notsee whythe citizens of Moses Lake should pay for the maintenance ofthe park when everyone inthe stateis contributing to that cost atthe present time.She also felt that drugs might becomea problem sincetherearetwoaccesses to I-90 within a mile of the park. John Calbom,CoveWest,felt thatastudyshould bedone in order to determine where the funds to operate and maintain the park would come from. Mr.Frederlckson statedthathe is notin favor of spending city funds to acquire anddevelopthe park.He felt that it is a park of statewide significance and the state should continue to oversee it Mr.Biallas pointed outthatthis is public property andwould provide public access to the lake.The public and elected officials would decide howthat areashould be developed. The concerns ofthe citizens inthe area would be considered.Hestatedthathe is notinfavor ofthe licenseandthe onlyacceptablewayto go Is free title to the land with the only provisions being thatit remain open to the public and remain as a park. Mr.Chandler stated that ifthis is done right it could be a benefit to the entire communityincluding the surrounding property owners.He felt thatthiswouldbe a logical placefor an RV park.Hementionedthat he is in favor of local control of the area but is not in favor of the license offered by the state Parks and Recreation Commission. Mr.Rimple felt that the city could do a good job indeveloping the park.Hewas not in favor ofthe license proposed by the state and felt the city should attempt to acquirethe park. ActionTaken:Mr.Biallas movedthatthe offerfrom the statebe rejectedandthe proposed governor'sdeed format be submitted,seconded by Mr.Reese, and passed with Mr.Frederlckson opposed. WEED CONTROL -REQUEST FOR DIRECTION Because of the growing concern over the weed problem, staff is requesting direction from the Council concerning the control of weeds. Staff has suggested that an additional employee be included inthe 1990 budgetto assist in code enforcement,which will includethe weed problem. The existing ordinances will also be studied and revised if necessary in order to give better direction to city staff. The Council can also request the GrantCounty Noxious Weed Control Boardto declare kochia a noxious weed withinthe city limits which would make the Boardresponsible forcontrolling kochia.However,consideringthe enormity of such control,the Boardwould undoubtedly require eitheran amendment to the existing contract or a suggestion from the City Council that the Board assess each lot inside the city limits a fee to assist the Board in controlling the kochia. Darreli Jackson,Grant County Noxious Weed Control Board,stated that if kochia is declared to bea noxious weed inside the city limits,lots would be assessed $3.50. The process to declare kochia to be a noxious weed would include a public hearing in January in order to place kochia on the noxious weed list. Control measures take place in June,July,and August. Action Taken:Mr.Biallas moved that the City Manager be authorized to sign an agreement with the Grant County Noxious Weed Board specifying kochia as a noxious weed in the City of Moses Lake and that the Board be authorized to assess parcels of land $3.50,seconded by Mr.Reese,and passed unanimously. STRATFORD ROAD TRAFFIC -REQUEST FOR DIRECTION In the past the City Council and city staff have discussed the traffic situation on Stratford Road.City staff /y'7 feels that additional discussions regarding regulation of driveway cuts would be helpful. An ordinance regulating distances between driveway cuts and left hand turns might be helpful.The turning movements currently allowed on Stratford Road can create dangerous situations.Direction from City Council would assist in dealing with the problems now and in the future. There was some discussion and itwas the consensus of the Council that an ordinance be drafted regulating curb cuts. IX.COUNCIL QUESTIONS AND COMMENTS -None X.CITY MANAGER REPORTS AND COMMENTS BUDGET STUDY SESSION The Council set October 17,18,and 19 as the dates for budget study sessions to be held in the Council Chambers at 7:30 p.m. // / / im 1/1/(/ />5 •/> 4364 CITY COUNCIL MINUTES:6 PUBLIC WORKS BOARD PROJECTS LETTER October 10,1989 A letter was presented from the Department of Community Development which informed the city that the sanitarysewer project has been included on the PublicWorks Boardlistto be sent to the 1989 Legislature. TRANSIENT RENTAL INCOME REPORT The transient rental income reports for September were presented. The regular meeting was recessed at 11:15 p.m. and the Council met in an executive session to discuss labor relations.The executive session was adjourned at 11:45 p.m. and the regular meeting was recon vened.The regular meeting was adjourned at 11:45 p.m. ATTEST: n u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE MOBERG ZONE CHANGE ) NO. ZC - 89-5 ))FINDINGS OF FACT,CONCLUSIONS, ) AND DECISION ) 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public hearing was held upon proper notice before the Commission on September 14,1989. 1.2 Proponent.John Moberg is the proponent of this zone change. 1.3 Purpose.The proponent has requested a zone change of property legally described as Lot 11,Block 13,Lakeview Terrance Unit 1 from R-1,Single Family Residential,to R-3, Multi-family Residential. 1.4 Evidence.The Commission considered the following materials in reaching its decision. •A.The application of the proponent for the zone change. C\J B.Written comments from the public. rp C.Comments from the public. <E 2.FINDINGS OF FACT BYTHE PLANNING COMMISSION. Based upon the evidence presented to them, the Planning Commission made the following findings of fact: 2.1 The proponent is the owner of property legally described as Lot 11,Block 13,Lakeview Terrace Unit 1. i j 2.2 The property is platted and served with city water and sewer. M 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission made the following conclusions: 3.1 The Planning Commissionof the City of Moses Lakeis vested withthe authority to recommend to the CityCouncil the advisability of the proposed change inzoning. 3.2 The rezone request of the proponent is properlybefore the Commission for its recommendation. 3.3 It is properat this time forthe Planning Commission to make a recommendation on this rezone request. 3.4 The Planning Commission declared this rezone, ifgranted,to have a non-significant adverse impacton the environment on September 14,1989 provided thatthe area to the east of the house remain as R-1 .Therefore,there should be no undesirable environmental problems created. 3.5 It is inthe best interests and welfare of the city's citizensto rezonethe property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the Planning Commission of the Cityof Moses Laketo the CityCouncil of the Cityof Moses Lake ythatthe request for a rezone of this property from R-1 to R-3.be granted. 5.FURTHER HEARING BEFORE THE CITY COUNCIL 5.1 Date.A publichearing was held upon propernotice before the City Council on October 10,1989. 5.2 Proponent. John Moberg is the proponent of this rezone. 5.3 Purpose. The City Council considered the request fora rezone. 5.4 Evidence.The CityCouncil consideredthe following materials in reaching its decision: A. The application of the proponent forthe rezone. B. The history of the property. C.Comments from the public. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL No further evidence was presented tothe City Council.The City Council adopts those findings of fact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS OF THE CITY COUNCIL From the foregoing findings of fact the City Council makesthe following conclusions: 7.1 The City Council ofthe City of Moses Lake isvested with the authority to makea decision on a proposed change inzoning. 7.2 The rezone request of the proponentis properly beforethe Council for its decision. 7.3 It is proper atthis time for the City Council to make a decision onthisrezone request. 8.DECISION OF THE CITY COUNCIL The City Council ofthe City of Moses Lake agrees with the recommen-dation ofthe Planning Commission and grantsthe zone change request. Dated:October 13,1989 R.Wayne Rimi^Mayor' n