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1988 04 124193 CITY COUNCIL CITY OF MOSES LAKE April 12,1988 Members Present:Wayne Rimple,Roger Biallas,Bill Reese,Bill Frederickson, Norman Johnson,David Chandler,and Charles Edwards MINUTES Mr.Biallas moved that the minutes of the meetings of March 22 and March 29 be approved as submitted,seconded by Mr.Johnson,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.Reese,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 April 12,1988 for the funds listed below are approved in the amount of $697,621.41 for all funds. GENERAL FUND $126,888.19 STREET 34 939.00 STREET REPAIR &RECONSTRUCTION '16!93 CONVENTION CENTER 1,365.20 STREET IMPROVEMENT 32.00 WATER/SEWER FUND 69,511.77 WATER/SEWER CONSTRUCTION 482.58 SANITATION FUND 51,445.98 ACCIDENT INSURANCE 179,474.00 CENTRAL SERVICES 13,334.47 BUILDING MAINTENANCE 2,761.91 EQUIPMENT RENTAL 217,369.38 TOTAL $697,621.41 The payroll issued on March 25,1988,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 32384 through 32404 in the amount of $6,929.23. The payroll issued on April 4,1988,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 32405 through 32537 in the amount of $119,321.25. The claims warrants 28066 through 28186 issued on March 23,1988 were approved for payment at the Council meeting held on April 12,1988 in the total amount of $76,820.54. I.CITIZEN INPUT -None II.CONSENT AGENDA -None III.CONSIDERATION OF BIDS -None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS - None V.ORDINANCES AND RESOLUTIONS ORDINANCE -STREET VACATION - MLMC 12.44 - 2ND READING An ordinance was presented which sets forth a fee for processing a street vacation request and establishes that the cost of the appraisal is to be borne by the vacation petitioners. The ordinance creating Chapter 12.44 of the Moses Lake Municipal Code entitled //L?l "Street Vacations"was read by title only. f/c?* p lis A 0^ 4194 CITY COUNCIL MINUTES:2 April 12,1988 Action Taken:Mr.Edwards 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 -CLAIMS - MLMC 1.12 - 1ST READING An ordinance was presented which would provide a process for the filing of claims for damages against the city. The ordinance creating Chapter 1.12 of the Moses Lake Municipal Code entitled "Claims for Personal Injuries or Damages"was read by title only. Action Taken:Mr.Johnson moved that the first reading of the ordinance be adopted,seconded by Mr.Biallas,and passed unanimously. ORDINANCE -PROPERTY TAX COLLECTION - ONE READING An ordinance was presented which puts the county on notice that the city wishes to have the interest on property taxes held but not distributed by the county. The ordinance of the City of Moses Lake relating to the collection of property taxes and abatement liens;declaring a city policy;directing the temporary investment of city taxes and abatement liens in the custody of the Grant Coun ty Treasurer pending distribution to the city;and authorizing the City Man ager to provide appropriate instructions to the county was read by title only. James A.Whitaker,City Attorney,stated that the Council may wish to declare an emergency and pass this ordinance on a first reading so that an additional two weeks will not pass without direction to the County Treasurer on how to invest and return the invested funds to the city. Action Taken:Mr.Edwards moved that an emergency be declared and the or dinance be adopted on a first reading,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 STREET CLOSURE Monte Holm has requested that Commerce Street,between Broadway and Marina be J> closed from 5 p.m.Friday,June 24 through Saturday,June 25,1988.He is Qj proposing to use the street to hold a surplus antique auction.None of the q^ other business owners on Commerce Street object to the closure.is^ Action Taken:Mr.Biallas moved that the request for the street closure be CO granted,seconded by Mr.Johnson,and passed unanimously.(Jl CONDITIONAL USE PERMIT -FRUIT STAND -APPEAL Richard Wright is appealing the decision of the Planning Commission to allow a seasonal fruit and produce stand adjacent to his cafe located at 1325 Pioneer Way. Joseph K.Gavinski,City Manager,stated that Richard Wright filed the appeal but that the city has also received letters of protest from Harry Ries rep resenting Earl and Evelyn Amick;Mr.Mercer,owner of the car wash at 1309 S. Pioneer;and Ken Earl,who has an office at 1334 S.Pioneer. Mr Wright stated that he built his building,Columbia Physical Therapy,in 1986 in this area because of the strict zoning.He has a great deal invested in this building and did not feel the conditional use permit should be granted as it is a main entrance to the city and good impression should be maintained. He did not feel that Mr.Sayne would be required to adhere to the landscaping and other requirements of the zoning ordinance if the conditional use permit were granted. 4195 CITY COUNCIL MINUTES:3 April 12,1988 Earl Amick stated that he owns 8 acres in the immediate vicinity of the pro posed conditional use permit and agrees with Mr.Wright's comments.He would like to see the area become a beautiful entrance to the city. There was some discussion by the Council on what the proposed fruit stand would consist of and how it would look. Action Taken:Mr.Frederickson moved that the granting of the conditional use permit be repealed for the reasons set forth by the opponents to the granting of the conditional use permit,seconded by Mr.Biallas,and passed unanimously. SIDEWALK SURVEY Staff is requesting clarification on whether or not Council directed that a /0Jfi> sidewalk survey be conducted in the downtown area. Joseph K.Gavinski,City Manager,requested the Council set up the boundaries for the survey.He mentioned that staff considers the downtown core area streets to be Broadway,Third,possibly Fourth,and from Pioneer Way to Beech or Dogwood. Action Taken:Mr.Biallas moved that city staff be directed to conduct a sidewalk survey on Broadway,Third,and Fourth from Pioneer Way to Dogwood, seconded by Mr.Reese,and passed unanimously. Mr.Gavinski stated that the engineering staff would establish standards and have a engineering intern conduct the survey. SIDEWALK IMPROVEMENTS -FITTERER/GOODWIN/PUD Richard Fitterer stated that according to his contractor the curb in front of his building does not need to be replaced so city participation is not neces sary.He willbe replacing the sidewalk and is requesting permission to use a row of Spanish tile 1.5'to 2'in from the curb to compliment the Spanish tile that will be used in the entrance of his building. At Council direction city staff met with Don Goodwin to discuss the possibili ty of replacing the sidewalk in front of his building with pavers similar to Omak's.It will cost an additional $6,388 to replace the Goodwin building's curb,gutter,and sidewalk with full-width,Omak-style pavers rather than a combination of concrete and tile-set-in-concrete as originally proposed.The question is,who would pay the cost difference between the original plan and the Omak style.Full-width pavers could also be built beyond the two corner lots to Goodwin's two other lots in this block if the other property owners will participate. The PUD had indicated they wish to replace about 94 linear feet of sidewalk in front of the Third Avenue office.They would like to add a three foot wide concrete ramp within the sidewalk to make the PUD building accessible to hand icapped persons.Direction is requested on the following:should the city pay for curb and gutter replacement if the PUD replaces the sidewalk;may the PUD build a ramp within city right-of-way;should the PUD be required to re place the sidewalk with full-width pavers,trees,irrigation,and electrical outlets similar to the Goodwin project;and if so,who should pay the addi tional cost. Rita Perstac,Municipal Services Director,explained the Goodwin project, which is proposed to be constructed along the lines of the Omak project with pavers,trees,irrigation,etc. Craig Jorgenson stated that he has 9 different tenants in various properties that he owns in the downtown area.He stated that he has seen pavers in Lead- vine,Colorado and he is in favor of them. Alan McFadden stated that he is in favor of improving the downtown area. Shirley Kvamme distributed the cost figures from the previous downtown LID proposal and stated that she is opposed to the pavers as they could be hazard ous for the old or infirm.She pointed out that the previous costs were over )0*>~ )(# 4196 CITY COUNCIL MINUTES:4 April 12,1988 $9,000 per lot,for a 25'by 140'lot.She didn't feel that property owners should be required to put in improvements that would cost more than the lots were worth. Eleanor Sorter wanted to know how pavers could increase business. Ann Fairbanks pointed out that 70%of the people were opposed to pavers pre viously and they still are.She felt that the buildings should be improved instead of installing pavers. There was some discussion about the sidewalks and the downtown improvements. It was pointed out that sidewalk standards need to be established as the side walks in the downtown area are deteriorating.Only those who replace side walks would have to meet the new standards.It v/as the consensus of the Coun cil that pavers and concrete do not mix and it should be one or the other. Action Taken:Mr.Frederickson moved that the city establish a standard of concrete pavers for the downtown area as submitted by the City Engineer and that the city participate in the cost of the pavers which is over the cost of concrete,when sidewalks have to be replaced,seconded by Mr.Biallas,and passed unanimously. Joseph K.Gavinski,City Manager,stated that an ordinance will be brought back which establishes the standards. There was some discussion by the Council on the PUD project and the PUD is willing to construct the sidewalks as required by the city. Action Taken:Mr.Edwards moved that the PUD be permitted to build a ramp according to the design presented and the recommendations of city staff, seconded by Mr.Frederickson,and passed unanimously. Action Taken:Mr.Frederickson moved that the city participate in the project by paying the cost of replacement of 94'of curb and gutter in front of the PUD building,seconded by Mr.Chandler,and passed unanimously. There was discussion on whether or not the PUD should be required to put in trees.There was a general discussion about a possible tree program and it was pointed out that the city would be responsible for the maintenance of the trees. It was the consensus of the Council that the PUD may be required to put in trees. SPRING CLEAN-UP I> CDTheclean-up dates for this spring have been set for the weekend of April 16 r- and 17.There will be free dumping at the Ephrata landfill for all county jv residents and the week end of April 23 and 24 will be free dumping for refuse J~ haulers only.Lakeside Disposal has offered to pick up solid waste from city OJ residential accounts at an hourly rate of $35,which is one half their con-01 tract rate.They would pick up Monday and Tuesday residential customers on April 16 and 17 and Wednesday,Thursday,and Friday residential customers on April 23 and 24.In 1986 and 1987 the city paid Lakeside less than $1,000 each year for their work.Direction is requested from Council on whether or not the city should participate in the annual spring clean up. Action Taken:Mr.Chandler moved that the city participate in the spring clean up as outlined by staff,seconded by Mr.Johnson,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS LAKESHORE DRIVE Mr.Rimple stated that he has received calls about people using the area off of Lakeshore Drive as a dump site. 4197 CITY COUNCIL MINUTES:5 April 12,1988 Rita Perstac,Municipal Services Director,stated that the property owner had requested clean fill in the past and the area has been used by contractors as well as the city.The owner is now considering posting the property for no dumping and fencing it off with a cable.She pointed out that there are no garbage dump sites in the city. SIDEWALK -GOODWIN Joseph K.Gavinski,City Manager,stated that two other properties are between /0-V^> Mr.Goodwin's property and the city is requesting authorization to try to negotiate with those property owners for sidewalk reconstruction when Mr. Goodwin's project is constructed,depending upon the budget. It was the consensus of the Council that staff be authorized to negotiate. X.CITY MANAGER REPORTS AND COMMENTS PROPERTY TAX RATES Joseph K.Gavinski,City Manager,presented a report on property tax rates J/o t inside the city limits and within the unincorporated areas of Grant County. He pointed out that for 1988 tax rates in the county are higher than in the city. INVESTMENT REPORT Joseph K.Gavinski,City Manager,distributed the investment report for March /0O3 1988. BROADWAY AND ALDER Joseph K.Gavinski,City Manager,stated that the work is continuing to work on the signals at Broadway and Alder. Mr.Rimple wanted to know why the state puts the lights on blinkers about 10 p.m.on Friday and Saturday nights.There is a lot of traffic at that inter section on those two nights. Mr.Gavinski stated that he would inform the state of the problem. RESERVOIR #4 Joseph K.Gavinski,City Manager,stated that Reservoir #4 is leaking.The ^/?^ reservoir is being drained and the city will be checking to see why there is a leak.Depending on the problem,it could take three to four weeks for repairs. The regular meeting was recessed at 11:00 p.m.and the Council met in an ex ecutive session to discuss litigation and real estate acquisition.The execu tive session was adjourned at 11:20 p.m.and the regular meeting was recon vened.The regular meeting was adjourned at U ATTEST BEFORE THE PLANNING COMMISSION OF THE CITY OF MOSES LAKE,WASHINGTON ^/y7-/ IN THE MATTER OF SAYNE FRUIT AND PRODUCE STAND CONDITIONAL USE PERMIT FINDINGS OF FACT,CONCLUSIONS, AND DECISION This matter,having come on before the Moses Lake Planning Commission for ac tion on March 24,1988 now makes the following: 1. 2. 3. 4. 5. 6. FINDINGS OF FACT Jeffery Sayne,owner of the Button Cafe,has requested a conditional use permit for a seasonal fruit and produce stand on property located at 1325 S.Pioneer Way. The area is zoned C-2,General Commercial and Business,and temporary or seasonal uses exceeding 7 days may be permitted as a conditional use. A public hearing before the Planning Commission scheduled upon notice on the request for a conditional use permit was held on March 24,1988. Letters of protest were read from Harry Ries,representing Earl and Evelyn Amick,and Richard Wright. Mr.Sayne distributed pictures showing the condition of the area and the existing restaurant.He mentioned that the restaurant is in the process of being remodeled and spruced up and landscaping will be added.A new sign will be put up for the restaurant that is more in keeping with the signs on the nearby professional buildings.The area where the produce stand would be located is currently weeds and garbage.The stand would be a neat,clean,operation,inspected by the Health Department,and would be an outlet for local produce.One half of the trailer will be used to store the produce and there will be a table under a canopy where sales would take place. Lori Drew stated she was in favor of the produce stand as she would like to be able to purchase fresh produce more than once a week at the Farmer's Market. 7.Mr.Bernd wanted to know the set back for the trailer/produce stand. 8.Mr.Sayne stated it would be about 40'from the curb.He stated that the set back of the restaurant is 30' from the sidewalk so the fruit stand will not be visible when coming from town as it will be behind the restaurant. 9.Mr.Bernd stated that since the area is surrounded by open fields he would have no objection to it. CONCLUSIONS 1.The Planning Commission of the City of Moses Lake is vested with the au thority and has the authority to entertain and grant a conditional use permit. 2.There appears,after the public hearing before the Planning Commission, some opposition to the granting of a conditional use permit for the fruit and produce stand. 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 Planning Commission of the City of Moses Lake believes that granting the conditional use per mit for the temporary/seasonal fruit and produce stand in this area would serve the best interests of the residents of the City of Moses Lake and bear a substantial relationship to the public welfare of the entire community. DECISII 1.The Planning Commission grants to Jeffery Sayne a conditional use permit for a seasonal fruit stand,to be set back 40'from the curb,for one year,at 1325 S.Pioneer Way. Dated:March 28,1988 CITY OF M'O'SES LAKE \ H.Collier Planning Commission Chairman Statements of Position APPEAL TO CITY COUNCIL 1.On April 12 the City Council consioered an appeal filed by Richard Wright of the decision of the Planninn Commission to allow a seasonal fruit and produce stand adjacent to The Button Cafe located at 1325 Pioneer Way. 2.Joseph K.Gavinski,City Manager,stated that Richard Wright filed the appeal but that the city has also received letters of protest from Harry Ries,representing Earl and Evelyn Amick;Mr.Mercer,owner of the car wash at 1309 S.Pioneer;and Ken Earl,who has an office at 1334 S. Pioneer. 3.Mr.Wright stated that he built his building,Columbia Physical Therapy, in 1986 in this area because of the strict zoning.He has a great deal invested in this building and did not feel the conditional use permit should be granted as it is a main entrance to the city and a good impres sion should be maintained.He did not feel that Mr.Sayne would be re quired to adhere to the landscaping and other requirements of the zoning ordinance if the conditional use permit were granted. 4.Earl Amick stated that he owns 8 acres in the immediate vicinity of the proposed conditional use permit and agrees with Mr.Wright's comments. He would like to see the area become a beautiful entrance to the city. 5.There was some discussion by the Council on what the proposed fruit stand would consist of and how it would look. Decision 1.It was the decision of the Council that the granting of the conditional use permit be repealed for the reasons set forth by the opponents to the granting of the conditional use permit. Dated:April 25,1 CITY OF MOSES LAKE R.Wayne Rimple Mayor 00 c 0) 01