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1982 07 13J 3511 CITY COUNCIL CITY OF MOSES LAKE July 14,1982 Members Present:Harvey Vernier,Charles Edwards,Norm Johnson,Wayne Rimple, Bill Reese,Bob Wallenstien,and Dick Siegert The meeting was called to order by Mayor Norm Johnson at 8 p.m. Mr.Rimple requested that the minutes of June 22 be changed to clarify that it was /£^9 the Council's intent that 18"be added to the existing sidewalk on Texas Street in T^v the Block Grant Program instead of indicating that the 42"sidewalk was to be removed and replaced with a 60"sidewalk. Mr.Edwards moved that the minutes of the meeting of June 22 be approved ,as amended, seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $91,218.74 STREET 11,542.94 ARTERIAL STREET 5,419.67 STREET REPAIR &RECONSTRUCTION 16.56 BLOCK GRANT 23,644.45 WATER/SEWER 14,174.17 SANITATION 1,588.40 WATER/SEWER CONSTRUCTION 1,368.03 EQUIPMENT RENTAL 3,379.53 FIREMENS PENSION 132.46 TOTAL $152,484.95 Mr.Wallenstien moved that the bills be approved as submitted,seconded by Mr. Siegert,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply and Mr.Edwards abstaining from that portion of the bills to Coast to Coast. I.CITIZEN INPUT None II.CONSENT AGENDA Mr.Edwards moved that the following items on the Consent Agenda be approved: 1.Resolution -Mid-Peninsula Block Grant Fund -adopted /d-zxp/'o/o 2.Resolution -Deferred Compensation Fund -adopted /6/o 3.Resolution -accept Clover Drive Right-of-Way -Engel -adopted /09'0 4.Resolution -accept Clover Drive Right-of-Way -Wiser -adopted /jot 5.Westlake Shores -set date to consider - a public hearing was set for July 27,//j?6> 1982 6.Authorization to Execute Agreement -Duncan -granted y^a^r 7.Authorization to Execute Agreement -Utility Service Area -Coordinated Water //&x System Plan -water service boundaries -granted 8.Acceptance of Work -1982 Block Grant Street Project -accepted JO/<^ seconded by Mr.Wallenstien,and passed unanimously. 3512 CITY COUNCIL MINUTES:2 July 13,1982 ,A RESOLUTION -PETTY CASH FUND -PARK &RECREATION Mr.Rimple felt that the petty cash fund for the Park and Recreation Department should be increased from $5 to $50 instead of $20.This would eliminate a possible increase in the near future and also allow the money to be used for the entire department and not just for Cascade Park. Mr.Rimple moved that the Petty Cash Fund be increased to $50 to be used for the Park and Recreation Department and the resolution be adopted,seconded by Mr. Reese,and passed unanimously. / fl° III.CONSIDERATION OF BIDS TULARE STREET - BLOCK GRANT A letter was read from Robert Townsend,Public Works Director,which recommended that the bid on Tulare Avenue be awarded to Central Washington Asphalt,Inc.in the amount of $10,456. Mr.Wallenstien moved that the bid be awarded to Central Washington Asphalt,Inc., seconded by Mr.Rimple,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS fl COMMUNICATION -CHAMBER OF COMMERCE -DOWNTOWN REDEVELOPMENT A letter was read from Karen Gordon,Manager of the Chamber of Commerce,which requested time for a presentation to bring the Council up-to-date on the progress of the Community Development Committee. Harry Dano,Chairman,stated that it has been a year since Council endorsement of the Task Force for the Downtown Improvement of Moses Lake.He pointed out that economic conditions are not conducive at this time,in a financial sense,to pro gress very rapidly on this project.He stated that consideration has been given to the core area,traffic circulation,and incorporating the lake into the redevelop ment of the downtown area.He stated that the Committee is trying to work with the railroad in order to incorporate the railroad property from the Alder Street Fill to the proposed site of the second lake crossing in the downtown area.They are proposing to form a corporation to lease the property and then portion it out to various service clubs in Moses Lake for improvement.After the property has been improved or developed,it will be maintained by the corporation or hopefully, turned over to the city for maintenance.He stated that work is being done in the downtown area on parking and traffic and comments and suggestions are being soli cited from the businesses in the area.Once a plan has been formulated,it will be presented to the Council for approval. Alan McFaddin stated that the planter project is coming along nicely with 14 plant ers in place.By the time the project is completed,there will be 46.At the present time the watering is being done by the merchants who,in many cases,have to pack water in buckets in order to water the plants.They are hoping that the city will be able to take over the watering of the planters in the near future. There was some discussion by the Council on the feasibility of watering the plant ers from the water truck,the amount of time it would take,and the cost. Joseph K.Gavinski,City Manager,stated that he would prepare a report for the Council on the time,effort,and cost to city staff that watering the 46 planters would require. COMMUNICATION -GREATER MOSES LAKE SOFTBALL ASSOCIATION A letter was read from Larry Shannon,Chairman of the Lighting Committee for the Greater Moses Lake Softball Association,which requested time before the Council to present a proposal for future lighting of "C"Field at Larson Playfield. Mr.Shannon stated that the Larson Playfield is probably one of the best in the state.However,because of the lack of lighting,one field is not used 2/3 of the time.During the summer it can only be used for one game and before Daylight Savings Time it cannot be used in the evening at all.He stated that the Softball .3513 CITY COUNCIL MINUTES:3 July 13,1982 Association is proposing to raise 2/3 of the necessary $20,000 to put lighting on the field and requesting that the city raise the other 1/3.He stated that the baseball and softball tournaments held at Larson Playfield bring a lot of people into the city as well as quite a bit of money.With the lighting of "C"Field at Larson Playfield more games could be scheduled and it would also relieve the pres sure on some of the other fields. Joseph K.Gavinski,City Manager,stated that there is no appropriation for this project in the current budget but there are funds available that could be used.He stated that if the work is to be done by city crews it will have to be done in the fall.That means that if the lights are to be in place for the baseball season in 1983,the work will have to be done in the fall of 1982. There was some discussion by the Council. Mr.Wallenstien moved that the city commit up to 1/3 of the money for the lighting of "C"Field at Larson Playfield,not to exceed $7,000,seconded by Mr.Vernier. Mr.Edwards stated that he was in favor of the project but felt that it should be considered,along with other organizations that are requesting funds from the city, at the time the 1983 Budget is studied. Mr.Rimple also stated that he felt the project should be given more study. The motion passed with Mr.Rimple and Mr.Edwards opposed. PUBLIC HEARING -ORDINANCE - AMEND 1982 BUDGET - 2ND READING :/o/O A letter was read from Walter Fry,Finance Director,which presented an ordinance amending the 1982 Budget. The ordinance amending the 1982 Budget for the City of Moses Lake was read by title only. The public hearing was opened.There were no comments,so the public response was closed. Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. V.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND WATER AND SEWER CONNECTIONS - 2ND READING ;/07ir A letter was read from Rita Perstac,Community Development Director,which pre sented an ordinance providing that water and sewer connections made within the next ten years in the area covered by the Block Grant Program be placed in the Block Grant Trust Fund. The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code,entitled "Water and Sewer Connections"by adding new sections was read by title only. Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. ORDINANCE - BINDING SITE PLAN - 2ND READING A letter was read from Rita Perstac,Community Development Director,which pre sented the Binding Site Plan Ordinance. The ordinance enacting a new Chapter 17.26 entitled "Binding Site Plan"in Title 17 of the Moses Lake Municipal Code was read by title only. Mr.Rimple pointed out that this ordinance allows a developer to construct private roads,developed to city standards,within the permiter of his development.He wanted to know what requirement there is to dedicate the roads when a portion of the property is sold. 3514 CITY COUNCIL MINUTES:4 July 13,1982 James A.Whitaker,City Attorney,stated that when a portion of the property is sold,it must be platted first and all platting requirements must be met,including having lots front on a dedicated street and providing access to a dedicated city street. Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. A ORDINANCE -NOISE CONTROL -1ST READING .«'"~ V A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance dealing with noise control and which was drafted from the City of Everett's ordinance which was sustained on appeal in the Court of Appeals. The ordinance enacting a new Chapter 8.28 of the Moses Lake Municipal Code entitled "Noise Control"was read by title only. Mr.Edwards stated that he felt there should be more than one complaint before a citation is issued.It was pointed out that in some cases only one person may be in the vicinity of the noise problem and it may be of such a nature that a com plaint is justified. James Whitaker,City Attorney,stated that the city will have to rely on the dis cretion of the Police Officer on whether or not the noise is sufficient to warrant the issuing of a citation. Mr.Rimple stated that in one portion of the ordinance the noise originating from aircraft in flight and sounds which originate at airports and are directly related to flight operations is exempt but that in another section the noise created by aircraft and float planes is exempt or partially exempt. Mr.Whitaker stated that the noise from aircraft or float planes would be exempt or partially exempt unless it comes in conflict with another portion of the ordinance or originates at an airport.This would mean that a person could^start a plane at 3 a.m.at an airport but could not start a float plane on the lake at 3 a.m.be cause he would be disturbing his neighbors. Mr.Rimple moved that the first reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS fy\LIBRARY ROOF f A letter was read from Robert Townsend,Public Works Director,which requested Council authorization to call for bids on the Library Roof Protection Project. Mr.Edwards moved that staff be authorized to call for bids,seconded by Mr.Wall enstien,and passed unanimously. VII.REFERRALS FROM COMMISSIONS ^VARIANCE REQUEST -THOREN A letter was read from Rita Perstac,Community Development Director,which stated that James Thoren would like to replat Lots 1 and 2 of Eastlake Tracts.He is requesting a variance so that he will not be required to bring the streets or water main up to current city standards.The Planning Commission recommeneded to Council that this variance request be denied. Mr.Siegert stated that he did not agree with the Planning Commission's recommenda tion in this matter.He pointed out that the property was platted in 1951 and all that Mr.Thoren wants to do is change the lot lines so that the buildings on the property will be on one lot instead of two. Mr.Vernier wanted to know why the Planning Commission recommended denial of this variance request. 3515 CITY COUNCIL MINUTES:5 July 13,1982 Ms.Perstac stated that it was important to the Planning Commission that the streets and water main be brought up to city standards.If this is not done through the platting process,it must be done through an LID or at city expense. She pointed out that Mr.Thoren wishes to replat the property in order to sell it. She stated that replatting is not a requirement before the property can be sold. Mr.Rimple wanted to know if the variance could be granted with a stipulation that the property owner not oppose an LID if and when one is proposed. Joseph K.Gavinski,City Manager,stated that such a stipulation has been used in other areas of the city and could be applied here if it were Council's wishes. Mr.Siegert wanted to know where Mr.Thoren received the information stating he would have to bring the city streets and water main up to grade when he platted. Ms. Perstac stated that when Mr.Thoren was in the office she talked with him at length explaining the city's platting process and pointing out his options.At that time he did not indicate that he was replatting in order to sell his property. Mr.Siegert felt that information should be received from Mr.Thoren on his plans for the property before the variance request is denied or approved. Mr.Edwards moved that this item be tabled and that the Community Development Director contact Mr.Thoren and inform him of his options and rights,seconded by Mr.Rimple. Joseph K.Gavinski,City Manager,stated that any advise the city gives should be in general terms only since the city could be in trouble if a person decides he made a wrong decision on the advise given him by city staff. Ms.Perstac stated that she had written Mr.Thoren a letter informing him that his property could be sold without obtaining a variance or replatting. The motion and second was withdrawn. Mr.Edwards moved that the variance request be denied,seconded by Mr.Rimple,and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION SIX YEAR STREET PLAN Joseph K.Gavinski,City Manager,stated that this is presented for Council infor mation and a public hearing will be set for July 27. IX.COUNCIL QUESTIONS AND COMMENTS RESIGNATION OF DICK SIEGERT A letter was read from Dick Siegert resigning his position on the City Council as he will be moving out of the area. Mr.Johnson expressed the Council's regret at the resignation. X. CITY MANAGER REPORTS AND COMMENTS LIBRARY Joseph K.Gavinski,City Manager,stated that the city has received three contracts from the North Central Regional Library.He stated that some changes need to be made and then they will be presented to Council for authorization to sign. The regular meeting was recessed at 9:20 p.m.and the Council met in an executive session to discuss labor relations.The executive meeting was adjourned at 11 p.m. and the regular meeting was reconvened.The regular meeting was adjourned at 11 p.m. ATTEST: