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1987 08 254123 CITY COUNCIL CITY OF MOSES LAKE August 25,1987 Members Present:Norman Johnson,Wayne Rimple,Roger Biallas,Bill Reese,& Charles Edwards Absent:Bill Frederickson and David Chandler MINUTES Mr.Edwards moved that the minutes of the meeting of August 11 be approved as submitted,seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS AND WARRANTS ISSUED Action Taken:Mr.Edwards moved that the bills and warrants issued be ap- proved,seconded by Mr.Biallas,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply. 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. The vouchers included on the above list as modified by the Council and noted upon said list for the Council meeting of August 11,1987 for the funds listed below are approved in the amount of $230,681.13 for all funds. GENERAL FUND $41,042.67 STREET 7,678.06 ARTERIAL STREET 122.79 STREET REPAIR AND RECONSTRUCTION 106,864.81 FEDERAL SHARED REVENUE 5,182.68 STREET IMPROVEMENT 981.25 BUILDING AND EQUIPMENT 10,624.88 MONTLAKE PARK 255.75 WATER/SEWER FUND 24,825.95 WATER/SEWER CONSTRUCTION 6,069.86 SANITATION FUND 16,685.18 CENTRAL SERVICES 7,370.58 BUILDING MAINTENANCE 16.61 EQUIPMENT RENTAL 2,960.06 TOTAL $230,681.13 The payroll issued on August 7,1987,having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by warrants 29933 through 30078 in the amount of $118,791.65.The pay roll issued on August 21,1987,having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by warrants 30079 through 30226 in the amount of $140,375.60. The claims warrants 26139 through 26366 issued on August 12,1987 were ap proved for payment at the Council meeting held on August 11,1987 in the total amount of $184,152.91. I.CITIZEN INPUT None II.CONSENT AGENDA Mr.Rimple moved that the following items on the Consent Agenda be approved, seconded by Mr.Biallas,and passed unanimously. 1.Accept Work -Montiake Park Paving Project:Work was accepted and the 30 day lien period entered. 2.Resolution -Accept Easement -Midstate Land Co.:The resolution accepting Parcels 5 &6 of Lakeshore Estates was adopted. P-" }N: \0l* \0^' 4124 CITY COUNCIL MINUTES:2 August 25,1987 III.CONSIDERATION OF BIDS None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION -CHAMBER OF COMMERCE -SECOND LAKE CROSSING The Chamber of Commerce has indicated strong support for a second lake cross ing and would like to act as a facilitator to bring together various councils and commissions of the city and county to discuss the matter. After some discussion it was the consensus of the Council that the Chamber set up a time and place for a meeting and the Council would attend. V.ORDINANCES AND RESOLUTIONS ORDINANCE -PROHIBIT CAMPING -2ND READING An ordinance was presented which prohibits camping on city-owned property or public right-of-way unless specifically granted by Council and sets a penalty of not less than $100 for doing so. The ordinance creating Chapter 9.18 of the Moses Lake Municipal Code entitled "Prohibition of Camping"was read by title only. Action Taken:Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Mr.Biallas,and passed with Mr.Edwards opposed. ORDINANCE - AMEND WATER/SEWER RATES - 2ND READING An ordinance was presented which sets forth the sewer reimbursement schedule for the Stratford Road sewer main. The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. Action Taken:Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Mr.Biallas,and passed unanimously. ORDINANCE -WATER/SEWER PERMIT FEES - 2ND READING An ordinance was presented which resolves an inconsistency regarding sewer connection permit fees.A summary of the ordinance was also presented for Council approval. The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. Action Taken:Mr.Rimple moved that the second reading of the ordinance be adopted,and the summary be approved for publication,seconded by Mr.Reese, and passed unanimously. ORDINANCE -AMEND WATER/SEWER DELINQUENT PROCESS -2ND READING An ordinance was presented which amends the delinquent process for water, sewer,or garbage bills followed by the city.A summary of the ordinance was also presented for Council approval. The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water and Sewer Rates"was read by title only. Action Taken:Mr.Biallas moved that the second reading of the ordinance be adopted,and the summary be approved for publication,seconded by Mr.Reese, and passed unanimously. ORDINANCE -CHECK AND WARRANT ISSUE - 1ST READING An ordinance was presented which creates a new chapter in the Moses Lake Municipal Code permitting the city to issue checks for the payment of bills rather than issuing warrants.It was also recommended that the 1988 banking Vj U 4125 CITY COUNCIL MINUTES:3 August 25,1987 bid specifications be written utilizing checks Instead of warrants since the highest cost^Ttem In the bids is the warrant float.Warrants would still be sed as requfred by statute to pay from specific funds,such as LID funds, when the warrants need to be registered due to an insolvency in the fund. The ordinance creating Chapter 3.46 of the Moses Lake Municipal Code entitled "Check and Warrant Issuance"was read by title only. Action Taken:Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Biallas,and passed unanimously. ORDINANCE -AMEND 3.42 -CLAIMS PAID APPROVAL -1ST READING An ordinance was presented which amends Chapter 3.42,Claims Paid Approval, which will bring the chapter into compliance with the new Chapter 3.46 being adopted. The ordinance amending Chapter 3.42 of the Moses Lake Municipal Code entitled "Claims Paid Approval"was read by title only. Action Taken:Mr.Rimple moved that the first reading of the ordinance be adopted,seconded by Mr.Edwards,and passed unanimously. ORDINANCE - AMEND ANIMAL CONTROL -1ST READING An ordinance was presented amending Chapter 6.05,Animal Control,which cre ates a new category of potentially dangerous dog and dangerous dog and pro vides for the registration of dangerous dogs;provides for the removal of dogs from habitual offenders of the dogs running at large provision;requires the owner of an animal to pay for any expenses Incurred by the city in capturing, controlling,caring for,or destroying an animal;and provides for the revoca tion of licenses and permits of habitual offenders of the animal control regulations. The ordinance amending Moses Lake Municipal Code Chapter 6.05 entitled "Animal Control"was read by title only. James A.Whitaker,City Attorney,stated that a dangerous dog is required to be in a cage that has a top and bottom so the dog cannot jump or dig out and the Animal Control Officer will be required to monitor the dog to be sure it remains in the cage. Action Taken:Mr.Biallas moved that the registration fee for dangerous dogs be $2UU and the fine for failure to pay the annual dangerous dog registration fee be not less than $400,and the first reading of the ordinance be adopted, seconded by Mr.Reese. Mr.Edwards felt that the fee and fine was excessive. The motion passed with Mr.Edwards opposed. ORDINANCE - ZONE CHANGE -HALLMARK INN - 1ST READING William All red of Hallmark Inns and Resorts has requested a zone change for //90 the northeast 290*of Battery Orchard Tract 70 less the Sun Basin Plat.He is requesting that it be changed from R-3 to C-2 to allow for future commercial and retail development.The Planning Commission recommended to Council that the zone change be denied as the proposed developments for this area can be allowed in an R-3 Zone as conditional uses.The proposed retail developments are planned to be along Broadway which is already properly zoned for that. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. Action Taken:Mr.Rimple moved that the recommendation of the Planning Com- mission be accepted and the ordinance be denied,seconded by Mr.Biallas,and passed unanimously. //#> )1(*0 4126 CITY COUNCIL MINUTES:4 August 25,1987 ORDINANCE -STRATFORD ROAD AREA ANNEXATION - 1ST READING An ordinance was presented which annexes approximately 24 acres of land adja cent to Stratford Road between the existing city limits at Highway 17 and Kinder Road.The ordinance provides for the assumption of all outstanding city indebtedness and adoption of the Comprehensive Plan.The Planning Com mission recommended that the zoning for this property be C-2,General Commer cial and Business. The ordinance annexing certain specified territory to the City of Moses Lake, Washington,and incorporating the same within the corporate limits of the City of Moses Lake,and which provides for the assumption of existing indebtedness and establishes the zoning was read by title only. Action Taken:Mr.Rimple moved that the first reading of the ordinance be adopted and the public hearing be set for September 8,seconded by Mr.Ed wards, and passed unanimously. RESOLUTION -PERMITTING THE USE OF CREDIT OR CHARGE CARDS A resolution was presented which allows the officers and employees of the city to use credit or charge cards to cover the cost of expenses incident to au thorized travel. The resolution permitting the use of credit or charge cards was read by title only. Action Taken:Mr.Edwards moved that the resolution be adopted,seconded by Mr.Biallas. There was some discussion by the Council on the process of distributing the cards. Joseph K.Gavinski,City Manager,stated that a process has not yet been es-— tablished as the bank requirements are unknown at this time. The motion passed unanimously. RESOLUTION -PAYMENTS OF CLAIMS PROCESS A resolution was presented which provides for an internal control process for the payment of claims prior to their approval by Council. The resolution adopting a process of internal control regarding payments of claims made prior to approval by the City Council was read by title only. Joseph K.Gavinski,City Manager,explained to the Council that under this policy the city could take advantage of discounts and other price breaks it now misses because of the requirement to have the Council approve bills before payment.He pointed out that the Resolved #3 in the proposed resolution is rather broad and if the Council would prefer,it could be amended to read as shown on the Alternate. Action Taken:Mr.Rimple moved that Resolved #3 be changed to the Alternative and the resolution be adopted,seconded by Mr.Biallas,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS SLUDGE REMOVAL Authorization was requested to call for bids for the removal of sludge from the two settling ponds and two aeration ponds at the Larson Treatment Plant. The sludge has not been removed since the plant was converted from digester to lagoon treatment in 1973 and it is 12"in the settling ponds and about 20 deep in the aeration lagoons. Action Taken:Mr.Edwards moved that staff be authorized to call for bids, seconded by Mr.Reese,and passed unanimously. r> n 4127 CITY COUNCIL MINUTES:5 August 25,1987 VII.REFERRALS FROM COMMISSIONS None VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION EMPLOYMENT AGREEMENT -CASCADE PARK CARETAKER Authorization was requested for the City Manager to execute an employment ' agreement with Morris Vergote,the city's caretaker at Cascade Park. Action Taken:Mr.Edwards moved that the City Manager be authorized to ex ecute the agreement,seconded by Mr.Biallas,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS None X.CITY MANAGER REPORTS AND COMMENTS SWIMMING POOL Joseph K.Gavinski,City Manager,stated that he had talked to the Park and /OOO Recreation Advisory Commission and explained that the Council would like the plans for the new swimming pool scaled down.The Commission is very in favor of the existing plan and is reluctant to change the plan.He suggested a joint meeting be held between the Council and the Commission so that the Com mission could explain their reasons for current plan and the Council could explain its reasons for wanting it scaled down some. It was the consensus of the Council that a joint meeting be held with the Com mission at the Commission's meeting on September 9. DOWNTOWN SIDEWALK STANDARDS Joseph K.Gavinski,City Manager,stated that several property owners in the /oVo downtown area want to replace their sidewalks in conjunction with other im provements proposed for their buildings.The problem is they wish to replace the sidewalk with something other than what is now standard for sidewalks.He suggested that the Council consider some standards for sidewalk replacement in the city's business district. He mentioned that much of the sidewalk in the downtown area is in terrible condition and should be replaced.There is a potential liability to the city if someone is injured because of a sidewalk problem the city is aware of.He stated that there is authority in state law for the city to adopt a sidewalk LID. He suggested that if the Council wishes,the staff could evaluate the sidewalk in the downtown area and determine what sidewalk needs to be replaced and then establishing the LID for sidewalk improvements.These improvements would cover curb,gutter,driveway,and sidewalk.This would take a great deal of time since the sidewalk would have to be physically surveyed.If the Council agrees,the sidewalk survey is proposed to be done next summer by an intern crew. The question of standards for the construction of the sidewalks was discussed and it was decided to get some input from the property owners on what kind of sidewalk they would like in order to get some conformity. 911 REQUEST FROM GRANT COUNTY Joseph K.Gavinski,City Manager,distributed a report from the Police Chief on the feasibility of joining the county 911 system. Fred Haynes,Police Chief,explained the report to the Council and the ad vantages and disadvantages of joining the county-wide 911 system. After some discussion,it was the consensus of the Council that the city keep its own 911 system. "9&> 4128 CITY COUNCIL MINUTES:August 25,1987 Action Taken:Mr.Reese moved that the city keep its own 911 system,seconded by Mr.Edwards,and passed unanimously. SALES TAX Joseph K.Gavinski,City Manager,stated that the city received almost $244,000 for the months of May and June 1987. The regular meeting was recessed at 9:30 p.m.and the Council met in executive session to discuss real estate acquisition.The executive session was adjour ned at 10 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 10 p.m. £771 M<u y/r4^C<^t{_J <l n BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE REZONE REQUEST BY HALLMARK INNS AND RESORTS FINDINGS OF FACT,CONCLUSIONS, AND DECISION This matter,having come on before the Moses Lake City Council for action on August 25,1987 now makes the following: FINDINGS OF FACT 1.Hallmark Inns and Resorts own approximately two (2)acres of land legally described as the northeast 290'of Battery Orchards Tract 70 less the Sun Basin Plat. 2.The property is presently zoned R-3,Multi-family Residential,and the owners are requesting that it be changed to C-2,General Commercial and Business. 3.The zone change is to allow for future commercial and retail development. The area is contiguous to the commercially zoned area of Tract 70 front ing on West Broadway. 4.The site fronts on Marina Drive with access to West Broadway through a private driveway to the Hallmark Inn. 5.City water and sewer is available. 6.At their meeting on July 30,1987 the Planning Commission declared this non-project zone change to have a non-significant adverse impact on the environment. 7.A public hearing before the Planning Commission scheduled upon notice on the issue of rezoning the land in question was held on August 13,1987. 8.William All red,representing the Hallmark Inn,stated that the Hallmark Inn owns 13.5 acres but only 7 acres is currently developed.The zone change is requested to facilitate the development of the remaining prop erty into retail and office buildings.Service oriented facilities such as beauty shops are proposed for the area near the motel with retail es tablishments closer to W.Broadway. 9.Dr.Bodie,representing land owned by Bodie and Peterson,called the Planning Office to say they are not opposed to the zone change. 10.Robert Wallenstien,2836 W.Marina,stated that he would have no problem with buildings on the order of the Potato Commission building but chang ing the zone to C-2 would open it up to businesses that would not be com patible to an existing residential zone.He also felt that rezoning this area could increase the possibility of more zone changes of the R-3 on Marina to commercial.He was not in favor of the zone change. 11.Cliff Hochstatter,2928 Marina Drive,stated that there is a great deal of commercial property along Broadway that is vacant and he is opposed to this zone change. 12.Mr.Bernd stated that it is proposed to reserve the property along Marina for professional offices and they are allowed as conditional uses in the R-3 zone. 13. 14. Mr.Pray stated that so long as facilities such as beauty shops,real estate offices,and other professional offices are allowed in the R-3 he would have no problem with denying the zone change. Mr.Collier felt that the conditional use process could be used to put professional offices,beauty shops,etc.in the R-3 Zone. 4128a 4128b 15.Mr.All red mentioned that they would prefer to have the commercial facilities located close to W.Broadway and the service facilities closer to the motel. 16.The Planning Commission recommended to the City Council that the zone change request be denied. 17.The City Council considered the zone change request at their meeting on August 25,1987. CONCLUSIONS 1.The City Council of the City of Moses Lake is vested with the authority and has the jurisdiction under the law to entertain and grant a request to rezone land within the city's corporate limits if the criterion re quired by law is met. 2.There appears,after the public meeting before the City Council on the issue of rezoning the land owned by Hallmark Inns and Resorts,con siderable opposition to rezoning the said land of approximately two acres from R-3,Multi-family Residential,to C-2,General Commercial and Business. 3.Since the City of Moses Lake is cognizant of the need to serve the wel fare and best interests of the entire community,the City Council of the City of Moses Lake believes that rezoning the land owned by Hallmark Inns &Resorts from R-3 to C-2 would not serve the best interests of the resi dents of the City of Moses Lake and would not bear a substantial relationship to the public welfare of the entire community. DECISION 1.The zone change requested for the approximately two acres of land owned by Hallmark Inns &Resorts which is legally described in the herein Find ings of Fact and which is presently zoned R-3,is hereby denied. Dated:August 28,1987 CITY OF MOSES LAKE /Mayor n