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1986 03 25u 3940 CITY COUNCIL CITY OF MOSES LAKE March 25,1986 Members Present:Norm Johnson,Bill Frederickson,Bill Reese,David Chandler, Wayne Rimple,Charles Edwards,and Roger Bialias The meeting was called to order at 8 p.m.by Mayor Johnson. Mr.Biallas moved that the minutes of the meeting of March 11 be amended to show that he abstained from voting for that portion of the bills to A &H Printers,and that the minutes be approved as amended,seconded by Mr.Ed wards,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $26,158.66 STREET 11,508.01 CONVENTION CENTER 6,006.68 BUILDING AND EQUIPMENT 62.34 WATER/SEWER FUND 15,262.77 WATER/SEWER CONSTRUCTION 17,958.64 SANITATION FUND 11,232.76 CENTRAL SERVICES 5,184.44 BUILDING MAINTENANCE 47.92 EQUIPMENT RENTAL 21,226.85 TOTAL $114,649.07 Mr.Biallas moved that the bills be approved as submitted,seconded by Mr. Edwards,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply,Mr.Edwards abstaining from voting for that portion of the bills to Coast to Coast,and Mr.Biallas abstaining from voting for that portion of the bills to A &H Printers. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS GARDEN DRIVE PROJECT A letter was read from Rita Perstac,Municipal Services Director,which recom-//0'' mended that the bid on the Garden Drive project be awarded to North Central Construction. Action Taken:Mr.Edwards moved that the bid be awarded to North Central Con- struction,seconded by Mr.Frederickson,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS None V.ORDINANCES AND RESOLUTIONS ORDINANCE - DAY CARE - 1ST READINGS A letter was read from Rita Perstac,Municipal Services Director,which stated /^•^ that the Council had passed the first reading of the ordinance amending the definitions section of the zoning ordinances and continued until the March 25 meeting any amendments to the R-l,R-2,and R-3 zoning ordinances concerning day care. Mr.Rimple moved that the definition ordinance be considered last,seconded by Mr.Chandler,and passed unanimously. 3941 CITY COUNCIL MINUTES:2 March 25,1986 The ordinance amending Moses Lake Municipal Code Chapter 18.16 entitled R-1, Single Family Residential Zone was read by title only. Ardis Suksdorf stated that day care is needed in the R-1 zone the most and she felt it should be allowed. Karen Doolittle stated that it is important to keep the day care in the residential zones as she felt children should be raised in a home environment. Kathy Kast stated she would like to see the Council's decision as an en couragement to day care providers as there is a shortage of day care in Moses Lake.j i Tilly Davis stated that she is a working mother and there is a need for addi tional day care.She pointed out that the city has received no complaints on the existing day cares. Robert Wallenstien stated that he has no argument with day care but felt that R-1 is an inappropriate place for it. Mr.Johnson stated that the city has received a letter which protests day care in an R-1 zone.A petition has also been received which is opposed to the out-right permitted use of family day care homes,mini-day care centers,and day care centers in an R-1 residential zone. Ms.Kast stated that the day care providers have also presented a petition in favor of day care with over 60 signatures. Action Taken:Mr.Frederickson moved that the first reading of the ordinance amending the R-1 Zone be adopted,seconded by Mr.Rimple. Mr.Edwards felt that the day care is a business and he felt they should be approved by the neighbors.He felt the city should contact the neighbors on either side and the three in the rear of the proposed day care and if two or more oppose it,it should be denied.] Action Taken:Mr.Edwards moved that family day care be a conditional use in \ all residential zones and that a city official contact the neighbors on either ~" side of the proposed day care home and the three neighbors in the rear,and if two or more object,the conditional use would be denied,seconded by Mr. Chandler. Mr.Rimple pointed out that family day care is for 10 or fewer children and there doesn't seem to be a problem with them.He felt this requirement would place a considerable burden on the city. Mr.Chandler felt it would be very difficult to enforce since the city does not receive any notification on the family day care homes.He also felt that more homes should be notified if a mini day care or day care center is being proposed for their neighborhood. Mr.Frederickson stated that he is not in favor of the amendment. Mr.Reese felt the amendment should be applied to the mini day care homes and day care centers but not on family day care. Joseph K.Gavinski,City Manager,stated that there would be an enforcement problem since the city would have no way of knowing who would be operating a home day care.j1 The amendment failed with Mr.Edwards in favor.| Action Taken:Mr.Rimple moved that the ordinance be amended under 18.16.020 B.by adding a new section 3)under #9 a.to state that the person holding the license issued by DSHS to operate the mini day care center shall reside in the facility,seconded by Mr.Edwards,and passed unanimously. Action Taken:Mr.Rimple moved that the ordinance be amended under 18.16.020 B.by adding a new section 4)under #9 a.to state that their shall be no in terior or exterior structural alternations made in order to accommodate the operation of a mini day care program,seconded by Mr.Johnson. n 3942 CITY COUNCIL MINUTES:3 March 25,1986 Mr.Rimple pointed out that the integrity of the R-1 zone should be maintained and day care is a business. Mr.Frederickson stated that under this condition the city staff would have to determine whether or not the alternation would be for the advantage of the day care business or simply for the home. Mr.Chandler stated that he could see no problem with disallowing exterior structural changes but saw no problem with interior changes. Mr. Edwards felt it would be difficult to enforce. The motion failed with with Mr.Rimple,Mr.Chandler,and Mr.Johnson in favor and Mr.Frederickson,Mr.Edwards,Mr.Reese,and Mr.Biallas opposed. Action Taken:Mr.Rimple moved that day care centers in the R-1 zone be pro- hibited,seconded by Mr.Edwards. Mr.Biallas stated that the R-1 should not be subjected to the problems that a day care center may cause.He felt that the family day care should be an out right permitted use in the residential zones,that the mini day care should be permitted in the residential zones as a conditional use,and that day care centers should be permitted as a conditional use in the R-2 and R-3 zones. The motion passed with Mr.Frederickson opposed. The motion to pass the ordinance as amended was passed unanimously. The ordinance amending Moses Lake Municipal Code Chapter 18.19 entitled "R-2, Single Family and Two Family Residential Zone was read by title only. Action Taken:Mr.Rimple moved that the first reading of the ordinance be adopted,seconded by Mr.Edwards. Action Taken:Mr.Rimple moved that the ordinance be amended under 18.19.020 B.by deleting section 11 a.1)and adding a new section to state that the person holding the license issued by DSHS to operate the mini day care center or day care center shall reside in the facility,seconded by Mr.Edwards,and passed with Mr.Frederickson opposed. Action Taken:Mr.Rimple moved that the ordinance be amended to prohibit day care centers in the R-2 zone,seconded by Mr.Chandler. Mr.Biallas felt it would be easy to get too restrictive on day care and would essentially eliminate it and there is a need for it.He felt that the day care center could be compatible in the R-2 zone. The motion failed with Mr.Rimple in favor. Action Taken:Mr.Frederickson moved that the first reading of the ordinance as amended be adopted,seconded by Mr.Reese,and passed unanimously. An ordinance amending Moses Lake Municipal Code Chapter 18.22 entitled R-3, Multi-family Residential Zone was read by title only. Action Taken:Mr.Frederickson moved that the first reading of the ordinance be adopted,seconded by Mr.Biallas,and passed unanimously. The ordinance amending Moses Lake Municipal Code Chapter 18.06 entitled Defi nitions was read by title only. Mr.Gavinski stated that at the study session the Council discussed the defi nitions for day care and some changes need to be made at this time if the Council so desires.He stated that "cared for on a full time basis and such other children cared for on a part time basis,commonly called drop ins,as is allowed by the rules of the Department of Social and Health Services"should be added to the family day care center definition,the mini day care center definition,and the day care center definition. Action Taken:Mr.Chandler moved that the ordinance be amended as suggested by the City Manager and adopted as a first reading,seconded by Mr.Biallas, and passed with Mr.Edwards opposed. tf p p °l 3943 CITY COUNCIL MINUTES:4 March 25,1986 RESOLUTION -MOSES LAKE SPRING FESTIVAL A letter was read from Joseph K.Gavinski,City Manager,which presented a resolution endorsing the Moses Lake Spring Festival concept and certain ac tivities promoted by the Spring Festival. The resolution regarding the Moses Lake Spring Festival to be held May 23 - 25,1986 was read by title only. Mr.Gavinski stated that the city paid Lakeside Disposal a total of $670 in p-> 1985 for refuse removal for the Spring Festival,including the Meeker Shows. This amount may increase because of the increased landfill fees this year.He stated that in 1984 the city paid Superior Refuse $721 and in 1983 Superior was paid $925.23,which did not include the landfill fees or city administra tive costs. Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr. Chandler,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS None VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION SPRING CLEAN-UP A letter was read from Rita Perstac,Municipal Services Director,which stated that 1986 Grant County Spring Cleanup will be April 26 and 27 for all non commercial and non-industrial types of refuse.The discharge of debris at the Ephrata Landfill will be free for all residents of Grant County.Cost of dis-(\ posing of materials at the drop box sites will be $3 per lose cubic yard and I $6 per compacted cubic yard.The city has negotiated with Lakeside Disposal | to provide a Spring Cleanup pickup in the residential areas on the weekends of April 26 and 27 and May 3 and 4.No landfill charges will be assessed to the city's compactor trucks on these two weekends.The city estimates total cost to be $2,000 to $3,000 for this year. Action Taken:Mr.Edwards moved that staff proceed with the cleanup arrange ments as outlined by the Municipal Services Director,seconded by Mr. Frederickson,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS None X. CITY MANAGER REPORTS AND COMMENTS STREETS -JURISDICTION CHANGE Joseph K.Gavinski,City Manager,stated that in December 1985 the State De partment of Transportation requested input from the city on jurisdictional changes in streets in and adjacent to Moses Lake.The city felt the state should take jurisdiction for Wapato from Broadway to 1-90,Stratford from Broadway to Highway 27,and the second lake crossing.The state responded that the city should take jurisdiction of Broadway from 1-90 to Highway 17. He suggested that a letter from the Mayor and Council be sent to the DOT that the city does not want to take over the jurisdiction of Broadway. Action Taken:Mr.Frederickson moved that staff be directed to prepare a let- ter to the DOE stating the reasons why the city does not feel it should take over jurisdiction of Broadway,seconded by Mr.Johnson,and passed unanimously. 3944 CITY COUNCIL MINUTES:5 March 25,1986 STRATFORD ROAD RECONSTRUCTION PROJECT Joseph K.Gavinski,City Manager,stated that there are some problems with the Alder Street Fill that need to be corrected.Those corrections would cost approximately $356,000. Rita Perstac,Municipal Services Director,stated that both the Alder Street Fill and Stratford Road to 1-90 need to be repaired and the funds available are the city's option 1/2 cent sales tax,some FAUS funds,selling city bonds, borrowing from the Public Works Trust Fund,or a possible LID for the improvements. There was some discussion by the Council on the problems with the Alder Street Fill. The regular meeting was adjourned at 10:15 p.m. //Mayor /o/9