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1988 07 12ID CO CQ < CITY COUNCIL CITY OF MOSES LAKE July 12,1988 Members Present:Wayne Rimple,Roger Biallas,David Chandler,Bill Reese, Charles Edwards,and Bill Frederickson Absent:Norm Johnson 4224 MINUTES Mr.Edwards moved that the minutes of the meeting of June 28 be approved as submitted,seconded by Mr.Frederickson,and passed unanimously. APPROVAL OF BILLS AND WARRANTS ISSUED Action Taken:Mr.Chandler moved that the bills and warrants issued be ap proved,seconded by Mr.Reese,and passed with Mr.Biallas abstaining from voting for that portion of the bills to A & H Printers and Mr.Rimple abstain ing 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 July 12,1988 for the funds listed below are approved in the amount of $152,957.73 for all funds. GENERAL FUND STREET WATER/SEWER FUND WATER/SEWER CONSTRUCTION SANITATION FUND CENTRAL SERVICES BUILDING MAINTENANCE EQUIPMENT RENTAL FIREMANS PENSION TOTAL $9,807.06 724.44 1,683.18 86,221.97 30,106.01 16,380.92 2,813.87 5,142.76 77.52 $152,957.73 The payroll issued on June 30,1988,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 33463 through 33484 in the amount of $6,682.34. The payroll issued on July 8,1988,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 33485 through 33638 in the amount of $128,500.24. The claims warrants 28834 through 28930 issued on June 29,1988 were approved for payment at the Council meeting held on July 12,1988 in the total amount of $568,957.26. PROCLAMATION A proclamation was read in its entirety declaring July 16 as Moses Lake High School Marching Band and Color Guard Day. I.CITIZEN INPUT -None II.CONSENT AGENDA Resolution - Six Year Transportation Improvement Plan A resolution was presented which formally recognized the Council's review pro cess for the Six Year Transportation Improvement Plan. Action Taken:Mr.Chandler moved that the Consent Agenda be approved,secon ded by Mr.Edwards,and passed unanimously. //&* I07 |0l °\ ^ 4225 CITY COUNCIL MINUTES:2 July 12;1988 III.CONSIDERATION OF BIDS ,/)CHIP SEAL PROJECT The bids for the 1988 chip sealing project were presented.Basin Asphalt sub mitted the low bid in the amount of $116,897.50.It was recommended by staff that the bid be awarded for $105,000 as that is all that is budgeted for in the 1988 budget.Streets not chip sealed this year will be included in the chip sealing project for next year. Action Taken:Mr.Reese moved that the bid be awarded to Basin Paving in the amount of $105,000,seconded by Mr.Biallas,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS SIDEWALKS -REQUEST TO USE Seasons has requested permission to place outdoor furniture on Ash Street during the months when outside dining is possible. There was some discussion by the Council. Action Taken:Mr.Chandler moved that permission to granted to Seasons to place outdoor furniture on Ash Street during 1988 provided adequate space .is left for pedestrians,and the furniture be moved inside after store hours, seconded by Mr.Frederickson,and passed unanimously. 0& WHALEY CONDITIONAL USE PERMIT -APPEAL Dick Whaley,dba Yard Birds,applied for a conditional use permit in order to operate a lawn care business as a home occupation at his residence at 404 Dale Road.The area is zoned R-l,Single Family Residential.The Planning Commis sion did not grant his request for a conditional use permit."Mr.Whaley is appealing the Planning Commission's decision to the City CounciK Mr.Reese and Mr.Frederickson stated that they would abstain from participa tion in this item due to a conflict of interest. Mr.Whaley felt that some of the information given to the Planning Commission was erroneous.He stated that he does not store any chemicals at his home and the chemicals he uses are not dangerous.He stated that because of a com plaint that water from his property runs from the corner of Dale and Pine to the corner of Dale and Meridian,he had elevations run and his property is lower than the property at Dale and Meridian.He stated that it is against the pesticide regulations to dump chemicals on the street and that only enough chemicals are mixed for the job at hand.If any is left over,it is used as touch up or to start the next job.He stated that he parks his equipment on the side of his house but sometimes the spray truck is parked on the street. He stated that the pictures shown to the Commission included another lawn care business operating next door.He mentioned that the chemicals he uses are not as toxic as some of the ones used in the home. Jack Michael,418 Dale Road,stated that he lives next door and has lived there since 1957 or 1958 and does not want a business next to his home.He distributed some pictures to the Council showing Mr.Whaley's operation.He does not feel a residential neighborhood is the place for a commercial business. Cyd Combs,215 E.Hill,owns property on Meridian,felt that when a home oc cupation starts spilling out in the street it spoils the neighborhood. Bill Huff,614 Meridian,stated that he objected to the trucks on the street and the fact that it is an R-l zone.There is a great many children in the neighborhood and accidents could happen. Lorin Engels,345 N.Dale,objected to the business in an R-l Zone. Marvin Greenwalt,536 N.Dale,objected to the trucks being parked along the street. 4226 CITY COUNCIL MINUTES:3 July 12,1988 Verda Engles,345 N.Dale,stated that residential zones should not allow businesses and business zones should not allow residences. Mr.Biallas pointed out that an individual wants to operate a commercial busi ness in a R-l Zone.It is legal for him to park a vehicle in the street as long as it is licensed and operational.He felt that the R-l zone should be maintained strictly as a residential area and any type of business should be prohibited,including day care.He would like Mr.Whaley to be able to oper ate his business successfully but was not in favor of a commercial operation in either an R-l or R-2 zone. Mr.Chandler pointed out that the Council has always weighed the feelings of the neighbors,especially in an R-l zone.In this case the neighbors are op posed to the operation of this business.He did not feel it should be classed as a home occupation,but rather a commercial business. Mr.Rimple felt that this business does not fully meet the definition of a home occupation and he could not support Mr.Whaley's request for a condition al use permit. rr\Mr.Edwards stated that he could sympathize with Mr.Whaley but could not sup- —i-port his request. "3 Action Taken:Mr.Chandler moved that the decision of the Planning Commission CD be sustained,seconded by Mr.Biallas,and passed with Mr.Reese and Mr. ^Frederickson abstaining. MARINA/BROADWAY TRIANGLE Dan Ipock,owner of Jerry's Body Shop and Custom Boats located at 1006 W.//)/9 Marina,is objecting to the proposed street design of Marina Drive.It is / proposed that the centerline of Marina Drive will be moved 14'toward Jerry's Body Shop to allow for a safer turning movement where Marina intersects with Broadway because of the large truck traffic in this commercial/industrial area.With the new street there will be a minimum of 11'between the building _front and the backside of the sidewalk.Jerry's Body Shop buildings are built on the property line.Mr.Ipock*s objection is that the new street will be 14'closer to his shop and he will no longer be able to use city right-of-way for displaying boats and preparing vehicle estimates.Because of the two pro posed driveway cuts requested by Mr.Ipock,there will be two on-street paral lel parking spaces in front of Jerry's Body Shop. Phil Bloom,City Engineer,explained the project to the Council. Mr.Jpock felt that the new design would eliminate his parking. Mr.Frederickson stated that he was opposed to the project when it first was proposed and he is still opposed to it. James A.Whitaker,City Attorney,stated that if the Council decides to con tinue with the project to renovate the intersection,staff should be allowed to design it to current safety standards to eliminate any liability to the city. It was the consensus of the Council that the street design remain as designed by city staff. V.ORDINANCES AND RESOLUTIONS / ORDINANCE -CREATE CHAPTER 8.32 -SKATEBOARDING,ROLLER SKATING,AND SCOOTER-//0~? ING -1ST READING An ordinance was presented which would prohibit skateboarding,roller skating, and scootering in the city's downtown area,on the city's tennis courts,and within the boundaries of any properly posted municipally owned property. The ordinance creating Chapter 8.32 of the Moses Lake Municipal Code entitled "Skateboarding,Roller Skating,and Scootering"was read by title only. Joseph K.Gavinski,City Manager,stated that the ordinance should be amended by adding the word "bicycling"in front of skateboarding in section 8.32.020. 4227 CITY COUNCIL MINUTES:4 July 12,1988 Kris Haglund,226 Carswell,wanted to know if it would be possible to build a skate park. Eric Murray,320 Gumwood,wanted to know if he would be able to ride his skateboard to school.He stated that he has a paper route and he does not want to ride his bike or walk and he is not old enough to drive. Joe Yzaguirre wanted to know if the skateboarders could use a parking lot with ramps and curbs. Jeremy Moberg,Rt.4,Box 205,stated that if the ordinance is passed they would like a designated area for skateboarding and they could build their own ramps and skate at their own risk. Cosmo Robinson stated that they need a place to skate.He pointed out that they are not skating in the downtown area,they are simply passing through to some other place. J. J.Johnson wanted to know if the ordinance could be changed to include a speed limit on the skateboarders. George Twigg,State Patrol,stated that he would not be in favor of the pas sage of the ordinance as skateboards are the only transportation the kids have.He suggested a time limit for skateboarding in the downtown area be considered and if furniture is allowed on sidewalks for adults the kids should be given some consideration.If the ordinance is passed he would like to see a skateboard park. Cleo Brandt,1251 Moses Street,stated that he was opposed to the ordinance and wanted to know how it would affect the children going to school and to McCosh Park from the Knolls Vista area. Jerry Moberg,2237 Lakeside,did not feel there was sufficient evidence to warrant the ordinance.He suggested the burden be placed on the skateboarders to be courteous to pedestrians.He pointed out that it is a means of transportation for the kids. Lonny Hart stated that the kids have a lot of energy and they are courteous when riding downtown. Kathy Zarate stated that she watches the skateboarders every day and they do not take up any more room on the sidewalk than someone walking. Mrs.Murray,320 Gumwood,felt it is important to allow the kids to ride the skateboards. Mr.Frederickson felt that perhaps the problem should be addressed by the Park and Recreation Commission. Mr.Chandler did not feel it was a big problem as long as the skateboarders remember that pedestrians cannot move as fast as they can. Mr.Edwards felt that the Park and Recreation Director should look into the possibility of a place the skateboarders can use. Mr.Biallas did not feel the city could construct a park that would be used for one activity only.He pointed out that skateboarding on the tennis courts damages them and it should be prohibited there.He felt there is some problem concerning the downtown sidewalks but if the skateboarders are cautions and courteous the problem should not increase. Mr.Reese stated he was not in favor of the ordinance. Mr.Rimple pointed out that if the ordinance is not passed,it is the respon sibility of the skateboarders to keep the problems to a minimum.He felt the ordinance should be amended to prohibit skateboarders on tennis courts because of the damage that is caused. Action Taken:Mr.Rimple moved that the ordinance be changed to eliminate g.32.010,a penalty of C-15 be set,and the first reading of the ordinance be adopted,seconded by Mr.Chandler,and passed with Mr.Reese opposed. 4228 CITY COUNCIL MINUTES:5 July 12,1988 ORDINANCE -AMEND CHAPTER 10.28 -BICYCLES -1ST READING An ordinance was presented which prohibits bicycle riding on sidewalks in the city's downtown area. The ordinance amending Chapter 10.28 of the Moses Lake Municipal Code entitled "Bicycles"was read by title only. Action Taken:Mr.Biallas moved that the penalty be set at C-15 and the first reading of the ordinance be adopted,seconded by Mr.Chandler,and passed unanimously. ORDINANCE -AMEND CHAPTER 12.12 -SIDEWALKS -1ST READING An ordinance was presented which formalizes the Council's decision to require concrete brick pavers in the Central Business District. The ordinance amending Moses Lake Municipal Code Chapter 12.12 entitled "Side walk Construction"was read by title only. \f)Joseph K.Gavinski,City Manager,recommended that 12.12.050 read "functional/ rn pedestrian street lighting and sidewalk furniture". lEJ Action Taken:Mr.Chandler moved that the ordinance be amended as recommended ^by the City Manager and the first reading be adopted,seconded by Mr.Biallas, CD and passed unanimously. /A>/ < VI.REQUESTS TO CALL FOR BIDS PIONEER/HILL SIGNAL Plans and specs have been prepared for construction of a new four-way traffic y//7 signal at Hill and Pioneer.Authorization is requested to call for bids. Action Taken:Mr.Reese moved that staff be authorized to call for bids for the traffic signal at Hill and Pioneer,seconded by Mr.Chandler,and passed unanimously. VII. REFERRALS FROM COMMISSIONS SCOTT'S FIRST SHORT PLAT James Scott has submitted a preliminary short plat for a two lot residential //^?<£ subdivision located on Lakeside Drive.The short plat is a replat of Lot 12, Kolar Key Addition.Access to Lot 2 is through a perpetual access easement through Lot 1.City water and sanitary sewer mains are present in the right- of-way of Lakeside Drive.Mr.Scott is requesting a variance to the require ment of the subdivision ordinance that each lot front on a dedicated public street.As proposed,the plat would cause the existing house located on Lot #2 to not be in compliance with the set back requirements of the R-l,Single Family Residential Zone.The City Attorney advises that a variance to the set back requirements of the R-l Zone regulations must be obtained from the Zoning Board of Adjustment to permit the house to encroach within the required set back area.The Planning Commission recommended to Council that the variance request be granted subject to the conditions set by the City Engineer,and,if necessary,a variance be obtained from the Zoning Board of Adjustment on the set back requirements. Rita Perstac,Municipal Services Director,stated that the property owner has applied for the permit and it will be considered by the Zoning Board of Ad justment at their meeting on July 28.She pointed out that the porch on the front of the house would be within 5'of the proposed right-of-way. Joseph K.Gavinski,City Manager,stated that the only request the Council is considering at this time is the request for a variance to the requirement that lots must front on a dedicated city street. There was some discussion by the Council on the setback problem. Action Taken:Mr.Reese moved that the recommendation of the Planning Commis- sion be accepted,seconded by Mr.Chandler,and passed with Mr.Biallas and Mr.Rimple opposed. \\1IP \rt p\0^ \$> 4229 CITY COUNCIL MINUTES:6 July 12,1988 VIIi;OTHER ITEMS FOR COUNCIL CONSIDERATION WELL #9 -ACCEPT WORK Lad Irrigation has satisfactorily completed work on Well #9.The work should be accepted and the 30-day lien period entered. Action Taken:Mr.Chandler moved that the work be accepted and the 30-day lien period be entered into,seconded by Mr.Frederickson,and passed unanimously. POLICE DEPARTMENT FEE SCHEDULE The proposed fee schedule for record searches and other miscellaneous service requests conducted by the Police Department was presented. After some discussion it was the consensus of the Council that the fee schedule should be changed to reflect the actual cost of the services provided and it be brought back for consideration by Council. IX.COUNCIL QUESTIONS AND COMMENTS - None X.CITY MANAGER REPORTS AND COMMENTS UTILITY RATE SURVEY Joseph K.Gavinski,City Manager,distributed the 1988 Utility Rate Survey for cities in the State of Washington. SIDEWALK Joseph K.Gavinski,City Manager,stated that Moses Lake Floral has requested permission to paint the sidewalk in front of the building in a checkerboard pattern with colors matching the building. It was the consensus of the Council that sidewalks in the downtown area should be the standard gray or pavers. Action Taken:Mr.Chandler moved that the request to paint the sidewalk be denied,seconded by Mr.Biallas,and passed unanimously. INVESTMENT REPORT Joseph K.Gavinski,City Manager,distributed the June 1988 investment report to the Council. LABOR AGREEMENTS -TEAMSTERS INSURANCE Joseph K.Gavinski,City Manager,reported to the Council that the Central Washington Teamsters Trust Fund is in trouble and they have requested that the city pay its four outstanding claims of $260.35. Action Taken:Mr.Edwards moved that the City Manager be authorized to settle with Central Washington Teamsters Trust Fund,seconded by Mr.Chandler,and passed unanimously. The regular meeting was adjourned at 9:30 p.m. ATTEST: BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF WHALEY CONDITIONAL ) USE PERMIT APPEAL ) )FINDINGS OF FACT,CONCLUSIONS, )AND DECISION ) This matter,having come on before the Moses Lake City Council for action on July 12,1988 now makes the following: jFINDINGS OF FACT 1.The Findings of Fact,Conclusions,and Decision of the Planning Commis sion concerning this conditional use permit are incorporated by reference herein. 2.Dick Whaley,dba Yard Birds,requested a conditional use permit for a home occupation to operate a lawn care business at 404 Dale Road. 3.The area is zoned R-l,Single Family Residential,and home occupations may be permitted as a conditional use. 4.At their meeting on June 16 the Planning Commission denied Mr.Whaley's request for a conditional use permit.Mr.Whaley appealed that decision to the City Council. 5.At their meeting on July 12,1988 the City Council considered the appeal. 6.Mr.Reese and Mr.Frederickson abstained from participation in this item due to a conflict of interest. 7.Mr.Whaley felt that some of the information given to the Planning Com mission was erroneous.He stated there is no storage of chemicals at his home and the chemicals he uses are not dangerous.Because of a complaint that water from his property runs from the corner of Dale and Pine to the corner of Dale and Meridian,he had elevations run and his property is lower than the property at Dale and Meridian.It is against the pesti cide regulations to dump chemicals on the street and that only enough chemicals are mixed for the job at hand.If any is left over,it is used as touch up or to start the next job.The equipment is parked on the side of his house but sometimes the spray truck is parked on the street. The pictures shown to the Commission included another lawn care business operating next door.The chemicals he uses are not as toxic as some of the ones used in the home. 8.Jack Michael,418 Dale Road,lives next door and has lived there since 1957 or 1958 and does not want a business next to his home. He dis tributed some pictures to the Council showing Mr.Whaley's operation.He does not feel a residential neighborhood is the place for a commercial business. 9.Cyd Combs,215 E.Hill,owns property on Meridian,felt that when a home occupation starts spilling out in the street it spoils the neighborhood. 10.Bill Huff,614 Meridian,objected to the trucks on the street and the fact that it is an R-l zone.There is a great many children in the neighborhood and accidents could happen. 11.Lorin Engels,345 N.Dale,objected to the business in an R-l Zone. 12.Marvin Greenwalt,536 N.Dale,objected to the trucks being parked along the street. 13.Verda Engles,345 N.Dale,stated that residential zones should not allow businesses and business zones should not allow residences. 14.Mr.Biallas pointed out that an individual wants to operate a commercial business in a R-l Zone.It is legal for him to park a vehicle in the street as long as it is licensed and operational.He felt that the R-l zone should be maintained strictly as a residential area and any type of business should be prohibited,including day care.He would like Mr. Whaley to be able to operate his business successfully but was not in favor of a commercial operation in either an R-l or R-2 zone. 15.Mr.Chandler pointed out that the Council has always weighed the feelings of the neighbors,especially in an R-l zone.In this case the neighbors are opposed to the operation of this business.He did not feel it should be classed as a home occupation,but rather a commercial business. 16.Mr.Rimple felt that this business does not fully meet the definition of a home occupation and he could not support Mr.Whaley's request for a conditional use permit. 17.Mr.Edwards stated that he could sympathize with Mr.Whaley but could not support his request. CONCLUSIONS 1.The City Council of the City of Moses Lake is vested with the authority and has the authority to entertain an appeal of a decision of the Plan ning Commission concerning a conditional use permit. 2.There appears,after the public meeting before the City Council,opposi tion to the granting of a conditional use permit for a lawn care service as a home occupation at 404 Dale Road. 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 denying the conditional use permit for the lawn care business as a home occupation in this area would serve the best interests of the residents of the City of Moses Lake and bear a sub stantial relationship to the public welfare of the entire community. DECISION 1.The City Council sustains the decision of the Planning Commission to deny a conditional use permit for the operation of a lawn care business as a home occupation at 404 Dale Road. Dated:July 20,1988 00 CITY OF MOSES LAKE C_ CO R.Wayne^Rimp^m»w«*.-<Ul