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1981 04 283127 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR MEETING April 28,1981 POLICE/COUNCIL FACILITY 8 p.m. Members Present:Charles Edwards,Steve Shinn,Harvey Vernier,Norm Johnson, Barry Ziegler,and Don Swanson Absent:Bob Hill Mr.Shinn nominated Barry Ziegler as Mayor Pro Tern,seconded by Mr.Swanson. The nominations were closed.Mr.Ziegler unanimously chosen as Mayor Pro Tern. The meeting was called to order at 8 p.m.by Mayor Pro Tern Barry Ziegler. Mr.Johnson moved that the minutes of the meeting of April 14 be approved as sub mitted,seconded by Mr.Edwards,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $34,311.69 STREET 17,549.83 ARTERIAL STREET 305.80 BLOCK GRANT 28,884.40 PARK & REC RESERVE 17.33 WATER/SEWER 16,211.37 SANITATION 7,602.41 WATER/SEWER CONSTRUCTION 39,619.09 EQUIPMENT RENTAL 3,964.31 FIREMENS PENSION 746.50 LID #43 563.31 LID #46 14.33 LID #47 443.71 TOTAL $150,234.08 Mr. Edwards moved that the bills be approved as submitted,seconded by Mr.Johnson, and passed with Mr.Shinn abstaining from voting for that portion of the bills to the Nikkei Saver.Warrants in the amount of $150,234.08 were approved for payment. I.CITIZEN INPUT None PROCLAMATION The proclamation declaring April 30,1981 as Beta Sigma Phi Day was read in its ^^ entirety. Mr.Edwards moved that the Mayor Pro Tern be authorized to sign the proclamation, seconded by Mr.Shinn,and passed unanimously. II.CONSENT AGENDA None III.CONSIDERATION OF BIDS ASH SITE STABILIZATION A letter was read from Robert Townsend,Public Works Director,which recommended that the bid be awarded to North Central Construction for the amount of $162,161.19 which includes sales tax. Mr.Townsend stated that they had received word from Milwaukee Land Co.granting permission to level the ash to 18"in depth on Site 1 and to stabilize it instead of removing it.This caused a change in the low bidder. Mr.Johnson moved that North Central Construction be awarded the bid,seconded by Mr.Swanson,and passed unanimously. 3128 CITY COUNCIL MINUTES:2 April 28,1981 BLOCK GRANT STREET PROJECT A letter was read from Robert Townsend,Public Works Director,which recommended that Marchand Construction be awarded the low bid which includes Basin Street from Burress to Sycamore. Mr.Shinn moved that the bid be awarded to Marchand Construction,seconded by Mr. Edwards,and passed unanimously. VI.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS PUBLIC HEARING -COMPREHENSIVE PLAN -ORDINANCE -2ND READING A letter was read from Rita Perstac,Community Development Director,which presented the city's Comprehensive Plan.The street map reflects Mr.Edward's request for Alternate D from Grape Drive to Paxson Drive. Larry Angel 1,Planner,explained that the Comprehensive Plan Map is intended to be used as a guide and it is flexible.He explained the proposed land use map to the Council. The public hearing was opened.There were no comments,so the public response was closed. Mr.Vernier stated that he thought there was a buffer zone along Patton Boulevard when the area was being considered for annexation.Mr.Edwards stated that it was 200 feet deep in order to separate the industrial zone from the residential zone. Mr.Ziegler stated that that was specific zoning and that was not under considera tion at this time.Mr.Angell stated that the map was to give the city an idea of the general pattern of use.He stated that if the area is annexed,specific zone designations could be discussed at that time. Mr.Edwards moved that the public hearing be closed,seconded by Mr.Shinn,and passed unanimously. The ordinance providing for the adoption of the Comprehensive Plan Goals and Policies and maps and repealing Section 17.48.020 of the Moses Lake Municipal Code was read by title only. Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Johnson,and passed unanimously. A PUBLIC HEARING -ORDINANCE -FLOOD PLAIN -2ND READING A letter was read from Joseph K.Gavinski,City Manager,which presented the ordinance concerning the flood plain. Mr.Gavinski stated that Janice Jackson from FEMA is present to discuss the flood plain ordinance with Council. The public hearing was opened.There were no comments,so the public response was closed. Mr.Shinn stated that he was concerned that the flood plain map does not show elevations which would be of benefit to a builder.Ms.Jackson stated that the map is preliminary in nature and should be used only as a guideline.She stated that some work has been done for the city by STRAAM Engineering which designates the elevation of 1051.55 which is the level of the 100 year flood. Mr.Shinn stated that the ordinance does not make it specific,it is up to a judg ment level of an individual as to what that level is. He stated that there is also a problem in that the level of the lake has been raised by the dam at the south end. He stated that the lake level at this time is established at 1046. ,0* \0: 3129 CITY COUNCIL MINUTES:3 April 28,1981 Mr.Ziegler pointed out that if the flood level is designated at 1051.55 most of the land designated as flood plain would not be within the level.The Council is concerned about imposing restrictions on builders where it is not necessary.Ms. Jackson stated that existing buildings would not be penalized but new construction would have to conform to the requirements. Mr.Ziegler recommended that the Community Development Department write explicit definitions of where the ordinance would be enforceable and where it would not be and perhaps include them in the ordinance at a later date. Rita Perstac,Community Development Director,stated that the Zoning Ordinance sets the building elevation at 1050. I Mr.Edwards moved that the public hearing be closed,seconded by Mr.Johnson,and passed unanimously. The ordinance providing for the regulation of land use in flood hazard areas in order to reduce flood losses was read by title only. Mr.Edwards moved that the second reading of the ordinance be adopted with instruc tions to the Community Development Department that maps be made available outlining the flood areas,seconded by Mr.Swanson. Jim Whitaker,City Attorney,requested that 18.53.080 be changed to delete every thing after "be"and the following added "deemed to have violated the terms of this ordinance and will subject the offender to a civil penalty as provided in Section 1.08." The motion and second was withdrawn. Mr. Edwards moved that the second reading of the ordinance be adopted with Section 18.53.080 changed as follows:everything after "be"shall be deleted and "deemed to have violated the terms of this ordinance and will subject the offender to a civil penalty as provided in Section 1.08"shall be added and the Community Develop ment Department instructed to make available maps that definitely outline the flood |plain area,seconded by Mr.Swanson, and passed unanimously. Li PUBLIC HEARING -VACATE RIGHT-OF-WAY -CENTRAL SCHOOL -ORDINANCE -2ND READING /£v 7 A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance vacating a sixty foot right-of-way and an eighty foot right-of-way located on the Central School site. The public hearing was opened.There were no comments, so the public response was closed. Mr.Johnson moved that the public hearing be closed,seconded by Mr.Shinn,and passed unanimously. The ordinance vacating the sixty foot public right-of-way as dedicated in Deed Record No. 12 as recorded in File No. 13812 by the Grant County Auditor and the eighty foot public right-of-way as dedicated on the Plat of Neppel was read by title only. Mr. Johnson moved that the second reading of the ordinance be adopted,seconded by Mr.Edwards,and passed with Mr. Swanson opposed as he felt the city should be compensated for the right-of-way as it has been done in the past. PUBLIC HEARING - POPLAR SANDS I FINAL PLAT //-?<^ A letter was read from Rita Perstac,Community Development Director,which stated that Poplar Sands has submitted a final development plan for 16 of the proposed 40 condominiums located on property north of the State Park.It is recommended that the final plat be approved and filed conditioned upon the receipt of a clear title report,a subdivision bond or other secured method approved by the City Attorney covering the landscaping plan and the required water,sewer,and street improve ments,and outstanding final plat fees and certificates as set forth in the ordi nance. ,0?' o1V 3130 CITY COUNCIL MINUTES:4 April 28,1981 Ms.Perstac stated that she had received a title report and plat certificate.She further stated that the bond amount for the street and utility improvements is $291,000 and is based on a compromise reached by Public Works,Fire,and the developer.She stated that based on fire flow requirements the developers are asking that the southern boundary of the final plat be moved south 20 feet.This is so there can be an increased acreage between the buildings in order to meet the fire flow requirements.Ms.Perstac pointed out that the title report does not include the additional 20 feet and an amended title report would be required. The public hearing was opened, closed. There were no comments,so the public response was Mr.Johnson moved that the public hearing be closed,seconded by Mr.Edwards,and passed unanimously. Mr.Edwards stated that he was concerned about this change since it would mean having the maps redrawn and necessitate an amended title report. Jim Whitaker,City Attorney,stated that if the Council approved the plat at this time conditions would be attached whereby an amended title report would be submitted, a new plat certificate submitted,and maps be redrawn and signed in accordance with proper legal language.He stated,however,that the Council could grant such approval since it is not changing the basic design. Mr.Edwards moved that approval be granted with the following conditions:an amended title report be submitted,a bond in the amount of $291,000 to cover the water,sewer,and street improvements be submitted,a bond in the amount of $67,790 to cover the cost of the landscaping improvements be submitted,an amended map be submitted showing the 20 foot extension on the southerly boundary,and final plat fees and certificates be paid,seconded by Mr.Swanson,and passed unanimously. PUBLIC HEARING - BLOCK GRANT THIRD YEAR APPLICATION A letter was read from Rita Perstac,Community Development Director,which presented the budget for the third year of the Community Development Block Grant.Ms.Perstac . stated that the third block of Basin had been budgeted for in the third program year but since it came in low enough to be done this year,that money would be allocated to improve some other street. The public hearing was opened, closed. There were no comments,so the public response was Mr.Edwards moved that the public hearing be closed,seconded by Mr.Shinn,and passed unanimously. Mr.Johnson moved that the project be approved as submitted,seconded by Mr.Edwards, and passed unanimously. COMMUNICATION -CHAMBER OF COMMERCE A letter was read from Karen Gordon,Manager of the Chamber of Commerce,which requested time to present additional information on their previous presentation. A letter was read from Bill Johnson and Mary Shinn which presented a list of the items they would like studied to help accomplish the goals of the Community Develop ment Committee of the Moses Lake Area Chamber of Commerce. Harry Dano,speaking on behalf of the Chamber of Commerce,stated that he was interested in the city and its development.He further stated that the Chamber can. only aid and support in the development of the city.He presented a petition with 42 signatures which was in favor of downtown improvement.He stated that perhaps a citizens task force could be set up to give input to city staff and City Council on downtown improvements. n 3131 CITY COUNCIL MINUTES:5 April 28,1981 Mr.Edwards felt that a study session would be helpful in determining a priority list from the 13 items submitted by the Chamber as proposed improvements. Mr.Swanson stated that in the past eight years the city has done several things for the downtown area such as one-way streets with angle parking.He also stated that the city had a very expensive traffic circulation study done and a downtown improvement study done which do not agree with each other.He did not think angle parking on Third would work and he was also concerned about the cost factors since the city is on a limited budget. Mr.Shinn stated that it was his understanding that the Chamber would like specific costs on items 3 through 10 on the list presented and would work with city staff to come up with a general cost for a possible LID in the downtown area.He stated v—)that traffic circulation is a problem and has been a concern of the Council for many years.He would like to see the city commit staff time to work with the Chamber's Community Development Committee. Mr.Johnson felt that the Chamber is asking for guidance and he felt a study ses sion would be helpful in resolving some of the problems. Mr.Ziegler was also in favor of the study session and he also felt that nothing could be done in the downtown area until the property owners were willing to sign a petition for an LID. A study session was set for May 5 at 8 p.m.to discuss this problem. V.ORDINANCES AND RESOLUTIONS ORDINANCE - GENERAL PENALTY - 2ND READING A letter was read from Jim Whitaker,City Attorney,which presented an ordinance amending Section 1.08 of the Moses Lake Municipal Code. The ordinance amending Section 1.08.010 of the Moses Lake Municipal Code and adding a new Section 1.08.020 was read by title only. ! IJ Mr.Johnson moved that the second reading of the ordinance be adopted,seconded by ^—'Mr.Shinn,and passed unanimously. ORDINANCE -GARBAGE RATES -2ND READING/1ST READING A letter was read from Jospeh K.Gavinski,City Manager,which presented an ordi nance amending the garbage collection ordinance.Because of the addition of several changes in the ordinance since its first reading,it is recommended that Section 8.08.140,concerning the garbage rates,be adopted for the second reading,but the remainder of the ordinance be considered as a first reading. Mr.Ried Knauss stated that he wanted to find out the percentage of increase and to try to encourage the Council to keep the rates down to an equitable amount.He stated that rental units in the city are running at 25%vacancy and are barely able to make ends meet. The ordinance relating to Chapter 8.08 of the Moses Lake Municipal Code entitled "Garbage Collection"by amending certain sections and adding new provisions to certain sections of Chapter 8.08 was read by title only. Mr.Edwards moved that the recommendation from the City Manager be accepted and that Section 8.08.140 be adopted on a second reading,seconded by Mr.Shinn. Mr.Shinn recommended that a copy of the rates be sent to each commercial account. A letter of protest was read from Marion Landon,owner of the Coffee House. The motion passed with Mr.Vernier and Mr.Johnson opposed. Mr.Shinn moved that the first reading of the remainder of the ordinance be adopted, seconded by Mr.Edwards,and passed unanimously. 3132 CITY COUNCIL MINUTES:6 April 28,1981 There was some discussion by the Council on the cost of Saturday pick-up.The Public Works Director stated that the contractor has to pay overtime and other costs for Saturday work.He stated that the rates have been adjusted to meet the costs charged by the contractor to the city. ORDINANCE -TWO-HOUR PARKING -1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented ordinances dealing with angle parking and one-way traffic on Division between Third and Fourth, and dealing with two hour parking.The cost for one-way signing,removing existing markings and placing angle parking on Division between Third and Fourth Avenues is | estimated at $1,800.The cost to place additional two hour parking signs in the Central Business District on Broadway,Third Avenue,Ash Street,and Alder Street | is estimated at $1,100.'' Mr.Gavinski stated that Section 10.12.040 should be changed so that the minimum penalty for parking violations is five dollars instead of three dollars. Mr.Edwards felt that the one-quarter dollar penalty when the ticket is paid within one hour should be changed to three dollars within the first 72 hours and after that it should be six dollars.The rest of the Council was in agreement with this change. Chief Sharp stated that there would be an enforcement problem since the Police Department does not have the staff to assign a patrolman full time to check parking violations. Mr.Johnson wanted to know if this would keep people from shopping in the downtown area.Faye Maslan,from the Book Nook,stated that she felt the problem was that owners and employees were parking on the street for eight hours.She did not feel that customers would have a problem with the two hour parking limit. io3? \i The ordinance designating certain street areas where stopping,standing,and/or parking is regulated,restricted,or prohibited thereon by adding new Section 10.12.035 and amending Section 10.12.040 was read by title only. Mr.Edwards moved that Section 10.12.040 be amended to a five dollar fine for a violation and the first reading of the ordinance be adopted,seconded by Mr.Shinn, and passed unanimously. *RESOLUTION -ONE-WAY TRAFFIC/ANGLE PARKING -DIVISION The resolution establishing angle parking and one-way traffic as authorized by Chapter 10.04.010 of the Moses Lake Municipal Code and RCW 46.61.135 - one-way roadways and RCW 46.61.575 -additional parking regulations was read by title only. Mr.Shinn moved taht the resolution be adopted,seconded by Mr.Edwards. There was some discussion by Council and it was recommended that angle parking be allowed on one side and parallel on the other but keep the traffic going both ways. The motion failed with all opposed. VI.REQUEST TO CALL FOR BIDS STREET OVERLAY PROJECT ,0* A letter was read from Robert Townsend,Public Works Director,which requested permission to advertise for bids for the street overlay project. Mr.Swanson moved that staff be authorized to call for bids,seconded by Mr.Edwards, and passed unanimously. VII.REFERRALS FROM COMMISSIONS None n L_J 3131 CITY COUNCIL MINUTES:7 April 28,1981 FIRST BAPTIST CHURCH -WATER MAIN OVERSIZING /fobAletterwasreadfromRobertTownsend,Public Works Director,with requested permission to participate in the oversizing of the water main on Grape Drive from Valley Road to the north end of the First Baptist Church property in Tract 27 of Park Orchard Tracts.The cost of the oversizing is approximately $900. Mr.Johnson moved that the city be authorized to participate in the oversizing of the water main,seconded by Mr.Edwards,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS None X.CITY MANAGER REPORTS AND COMMENTS WATER/SEWER RATE STUDY SESSION A study session was set for May 13 at 8 p.m.to consider the water/sewer rates. SALES TAX REPORT Joseph K.Gavinski,City Manager,stated that the city has received $156,247 for the first four months of 1981 in tax revenues. GRANT -PLANNING AND COMMUNITY AFFAIRS AGENCY Joseph K.Gavinski,City Manager,stated that the Planning and Community Affairs /^7 Agency has $213,000 for ash clean-up costs.The city is the process of applying for some of these funds. The regular Council meeting was adjourned to an executive session at 10:30 p.m.to discuss real estate purchases.The executive session was adjourned at 10:50 p.m. and the regular Council meeting was reconvened.The regular Council meeting was adjourned at 10:50 p.m. •£0l32~e ,Mayor ATTEST: City Clerk