1988 09 134243
CITY COUNCIL
CITY OF MOSES LAKE
September 13,1988
Members Present:Wayne Rimple,Roger Biallas,Norm Johnson,Bill Reese,
Charles Edwards,David Chandler,and Bill Frederickson
MINUTES
Mr.Biallas moved that the minutes of the meetings of August 23 and September
6 be approved as submitted,seconded by Mr.Johnson,and passed unanimously.
APPROVAL OF BILLS AND WARRANTS ISSUED
Action Taken;Mr.Reese moved that the bills and warrants issued be approved,
seconded by Mr.Johnson,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 September 13,1988 for the funds
listed below are approved in the amount of $168,034.89 for all funds.
GENERAL FUND $15,827.38
STREET 6,190.58
ARTERIAL STREET 2,447.71
STREET REPR/REC0N 11,784.11
STREET IMPROVEMENT 14,998.26
WATER/SEWER FUND 9,644.00
WATER/SEWER CONSTRUCTION 20,129.29
CERB LOANS 33,499.76
SANITATION FUND 32,159.96
UNEMPL C0MP INS 219.27
ACCIDENT INSURANCE 1,259.28
CENTRAL SERVICES 10,460.45
BUILDING MAINTENANCE 2,116.84
EQUIPMENT RENTAL 7,289.00
FIREMANS PENSION 9,00
TOTAL $168,034.89
The payroll issued on August 19,1988,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 34074 through 34237 in the amount of $151,744.96
The payroll issued on August 31,1988,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 34238 through 34258 in the amount of $6,870.98.
The payroll issued on September 2,1988,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 34259 through 34407 in the amount of $125,980.86.
The claims warrants 29364 through 29479 issued on August 24,1988 were ap
proved for payment at the Council meeting held on September 13,1988 in the
total amount of $389,550.08.
PROCLAMATIONS
The proclamation declaring September 25 to October 1,1988 as Japan America //3^
Week was read in its entirety.
The proclamation declaring September 17,1988 as United Constitution Day was
read in its entirety.
I.CITIZEN INPUT -None
II.CONSENT AGENDA -None
III.CONSIDERATION OF BIDS -None
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4244
CITY COUNCIL MINUTES:September 13,1988
IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
SIDEWALKS -SANDWICH BOARDS -VARSITY CORNER
Varsity Corner has requested permission to keep the existing sandwich boards
in the weeded area between the sidewalk and the street.There is very little
foot traffic and they should cause no problem.
Action Taken:Mr.Edwards moved that the Varsity Corner be allowed to place
the sandwich board signs in the weeded area between the sidewalk and the
street,seconded by Mr.Frederickson.
Mr.Biallas stated that the use of sandwich boards is becoming more prevalent
and he felt some guidelines or conditions should be established.
Mr.Reese felt the signs should be moved in at night.
Mr.Rimple pointed out that previously only one sandwich board was requested
and Varsity Corner has four.Conditions have been placed on sandwich boards
in the past.
Mr.Frederickson suggested that sandwich boards be reviewed annually.
Mr.Reese felt that consideration should be given to the number of sandwich
boards a business is allowed.
There was some discussion by the Council.
Action Taken:Mr.Biallas moved that the motion be amended to review the
sandwich board on an annual basis,the number be limited to two,and they be
taken in after business hours,seconded by Mr.Reese,and passed with Mr.Ed
wards and Mr.Frederickson opposed.
The motion passed unanimously.
CONDITIONAL USE PERMIT -CHUCK'S AUTOMOTIVE -APPEAL
Chuck Jackson,the owner of Chuck's Automotive,is appealing the decision of
the Planning Commission which denied him a conditional use permit for the
placement of a cargo container.Mr.Jackson felt the decision was biased and
based on the color of the container.If that is the case,the container will
be painted to match the building.
Mr.Rimple pointed out that the Planning Commission had three reasons for
denying the request -it does not meet ordinance requirements,it is visible
from three sides,and it does not blend with the building.^
DOMr.Biallas pointed out that it is not a cargo container,it is a chassis.He £_
felt that if permission is granted to use this as a container,it could allow _^
any thing to be used as a container.,^
There was some discussion by the Council.CJl
Action Taken:Mr.Edwards moved that the decision of the Planning Commission
be reversed with the condition that the van be painted to match the building
within 90 days,seconded by Mr.Johnson,and failed with Mr.Edwards in favor.
Mr.Rimple stated that the Council,without a favorable motion on reversing
the Planning Commission decision,in effect has affirmed the decision of the
Planning Commission.
-,COBAIN SIDEWALK LID ASSESSMENT ROLL -PUBLIC HEARINGp,r _
The assessment roll was presented for the sidewalk improvements adjacent to
1103 and 1107 Baker Street.The cost is spread over a 10 year period.
Joseph K.Gavinski,City Manager,stated that the city has received notice
that 1107 Baker Street has been sold.He recommended that the public hearing
be continued until the new property owners can be notified.
The public hearing was opened.There were no comments.
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CITY COUNCIL MINUTES:3 September 13,1988
Action Taken;Mr.Biallas moved that the public hearing be continued to the
September 27 meeting,seconded by Mr.Frederickson,and passed unanimously.
LID 56 PRELIMINARY ASSESSMENT ROLL - PUBLIC HEARING
The preliminary assessment roll for LID 56 was presented.
The public hearing was opened.
A letter was read from Dean Dunning which stated that the property owners of
Eastlake Tracts,Block 3,Lots 3,4,and 5 are opposed to the LID on Ashley
Way.
Dean Dunning stated that the property is vacant and he would request the proj
ect be dropped.
Bob Thoren stated that he was opposed to the project because of the cost.
Arlo Dunning pointed out that the assessments are more than was paid for the
property.
Dave Penfield,Shady Lane Mobile Home Park,located on the corner of Balsam
and 7th,wanted to know if sidewalks would be included on the side of the
street where the mobile home park is located.He pointed out that Chestnut
Street is unpaved and under utilized because of that.He would like the city
to look at the 1/2 cent sales tax to construct these streets.
A letter was read from Ries &Kenison on behalf of Vernon Overturf which
stated his opposition to the LID.
Mr.Johnson moved that the public hearing be closed,seconded by Mr.Edwards,
and passed unanimously.
Joseph K.Gavinski,City Manager,pointed out that there is no support for the
LID on Ashley Way.If Mr.Penfield decides to oppose the LID,that would com
prise nearly half of that portion of the LID.If that is the case,he would
recommend that the LID be dropped.
There was some discussion by the Council on the LID process.
Action Taken:Mr.Frederickson moved that Ashley Way be eliminated from the
LID and the ordinance accepting the assessment roll be brought back to the
Council,seconded by Mr.Johnson,and passed with Mr.Edwards opposed.
ULID 3 PRELIMINARY ASSESSMENT ROLL - PUBLIC HEARING
The preliminary assessment roll for ULID 3 was presented.
The public hearing was opened.
Mr.Edwards moved that the public hearing be closed,seconded by Mr.Chandler,
and passed unanimously.
Mr.Frederickson pointed out that since Ashley was eliminated in LID 56 the
installation of water on Ashley should be eliminated from this LID.
Action Taken:Mr.Johnson moved that the installation of water on Ashley Way
be eliminated and an ordinance be brought back to the Council,seconded by Mr.
Frederickson,and passed unanimously.
LID 55 FINAL ASSESSMENT ROLL -PUBLIC HEARING
The final assessment roll for LID 55 was presented.
The public hearing was opened.
Mr.Chandler moved that the public hearing be closed,seconded by Mr.Biallas,
and passed unanimously.
Action Taken:Mr.Rimple moved that the final assessment roll be accepted,
seconded by Mr.Biallas,and passed unanimously.
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4246
CITY COUNCIL MINUTES:4 September 13,1
V.ORDINANCES AND RESOLUTIONS
ORDINANCE -SET 1989 TAX LEVY -1ST READING
J V
An ordinance was presented which fixes the estimated amount to be received for
municipal purposes from taxations on assessed valuations for 1989.
The ordinance fixing the estimated amount to be received for municipal pur
poses from taxations on assessed valuations on property within the City of
Moses Lake,Washington for 1989 was read by title only.
Action Taken:Mr.Chandler moved that the first reading of the ordinance be
adopted,seconded by Mr.Edwards,and passed unanimously.
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ORDINANCE -AMEND CHAPTER 18.48 -PUBLIC ZONE - 1ST READING
An ordinance was presented which would prohibit,in the Public Zone,the
placement of containers formerly used for transporting sea-going cargo,rail
road cars and cabooses,semi-trailers when intended to be used as storage
facilities,or any other unit which slides off a chassis or frame when intend
ed to be used as storage facilities.
The ordinance amending Chapter 18.48 of the Moses Lake Municipal Code entitled
"P,Public Zone"was read by title only.
Action Taken:Mr.Biallas moved that the first reading of the ordinance 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
1988 CHIP SEALING PROGRAM -ACCEPT WORK
The work on the 1988 chip sealing project has been completed.The work should
be accepted and the 30 day lien period entered into.
Action Taken:Mr.Edwards moved that the work be accepted and the 30 day lien
period entered into,seconded by Mr.Reese,and passed unanimously.
911 SYSTEM
The Mayor has asked that the City Council reconsider the decision not to in-^
elude the city in the 911 taxing district.m
Mr.Rimple stated that while taxes are not liked,sometimes they are neces-C_
sary.He stated that he voted against putting the city into the 911 taxing -fc*
district because there was no specific use for the monies collected.After (jj
due consideration,he requested the Council reconsider putting the city into (jf|
the taxing district.The $.50 charge could possibly bring in about $50,000
per year.If the citizens know what the money is earmarked for,they may be
in favor of the tax.He recommended that the money be used strictly for emer
gency services only,such as upgrade and enhancement of 911,capital expendi
tures for Police and Fire Departments,and anything pertaining to emergency
services in the city.
Mr.Frederickson stated that he is still opposed to a tax without knowing what
the money will be spent for.
Mr.Rimple pointed out that the funds would not be used for personnel but for
such items as a new fire station,new fire truck,etc.
Mr.Chandler stated that he would not support the tax if it is only going to
be placed in the General Fund to offset the dispatching of 911 services.He
would be in favor of a specific project in the emergency services area that
this money could be earmarked for.
Joseph K.Gavinski,City Manager,stated that the money would have to be used
for central dispatch or 911.That would free up other money and the Council
could direct where that money would be used.
4247
CITY COUNCIL MINUTES:5 September 13,1988
r.Biallas pointed out that the city has the opportunity to acquire a con
siderable amount of money per year which can be used to benefit the entire
community.He would be in favor of having it set aside for a particular pur
pose such as expanding the campground in Cascade Park,a new fire truck,the
D.A.R.E.program,etc.
Action Taken:Mr.Rimple moved that the city be included in the 911 taxing
district,and if the proposal is passed,the funds to be freed up are to be
ear marked for emergency services only,seconded by Mr.Edwards,and passed
unanimously.
LIBRARY BUILDING USE AND MAINTENANCE AGREEMENT
The North Central Regional Library District has presented a new Building Use //^'7
and Maintenance Agreement.This agreement requires the city to provide
library quarters in order to be reimbursed for a portion of its maintenance
and operation costs.The existing agreement provides reimbursement for a por
tion of the maintenance and operation costs if the city provides library
quarters.The new agreement would increase the amount of reimbursement the
city would receive but would not release,indemnify,or hold harmless the city
from the negligence of the District's employees.If the proposed new contract
is not signed,the old contract remains in effect.
Joseph K.Gavinski,City Manager,stated that he did not feel the providing of
library quarters is an issue since the city intends to provide them anyway.
However,the library district claims they cannot indemnify the city because
their insurance contract does not allow it.If they do not wish to indemnify
the city,the city may not wish to indemnify the library district.It was
suggested by the City Attorney that the indemnification language in the con
tract be eliminated and let the common law rule.That would mean everyone
would become responsible for their own negligence.He stated that the issue
of furnishings should not be a problem.
James A.Whitaker,City Attorney,stated that no other city provides furnish
ings repair and replacement and recommended that the common law rule on indem
nification be used.
It was the consensus of the Council that the common law rule on indemnifica
tion be utilized and the clause on furnishings be essentially "what you see is
what you get".
SIDEWALKS - PUD
A proposed interlocal agreement between the city and the PUD was presented./OVj~
The agreement would allow the PUD to bid out the sidewalk reconstruction work
for all of the sidewalk adjacent to their property which will be replaced with
pavers.The city would reimburse the PUD for those costs the city has agreed
to pay.Because of the size of the project,the city may have to set up an
interfund borrowing plan to help pay for the costs as well as for any other
project in the downtown area.
Action Taken:Mr.Frederickson moved that the City Manager be authorized to
sign the agreement,seconded by Mr.Reese,and passed unanimously.
Action Taken:Mr.Chandler moved that the City Manager be authorized to look
at interfund borrowing for sidewalk construction,seconded by Mr.Reese,and
passed unanimously.
TOURISM DEVELOPMENT DIRECTOR
Joseph K.Gavinski,City Manager informed the Council that to help promote and JJ'/y
coordinate tourism activities,it has been suggested that someone on the city
staff be designated as a Tourism Development Director.This employee would
coordinate tourism activities and organize various volunteer efforts to make
sure that many of the day to day details are taken care of.These activities
would be included in the tourism plan.No additional funds are requested.
There was some discussion by the Council,and it was the consensus that it was
a good idea.
Action Taken:Mr.Edwards moved that the City Manager be authorized to use a
city employee to.work on tourism projects,seconded by Mr.Frederickson,andpassedunanimously.J '
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4248
CITY COUNCIL MINUTES:6 September 13,1988
CARGO CONTAINERS - REQUEST FOR DIRECTION
A clarification of the Council's intent concerning the placement of cargo con
tainers was requested.Was it the Council's intent that each business be al
lowed a container as an accessory use or could several cargo containers be
placed at a business or could a separate business,such as a mini storage,be
developed using cargo containers.
There was some discussion by the Council,and it was the consensus that it was
the intent that one cargo container would be allowed per business.They were
to be used as an accessory to a business and not to be rented out to a dif
ferent business.They are not to be used as a mini storage.
IX.COUNCIL QUESTIONS AND COMMENTS - None
X.CITY MANAGER REPORTS AND COMMENTS
CENTENNIAL THEATER
Joseph K.Gavinski,City Manager,reported to the Council that the ground
breaking ceremony for the amphitheater in McCosh Park will be on September 19,
1988 at 12:15 p.m.
BUDGET
Joseph K.Gavinski,City Manager,requested a study session to discuss the
capital improvement plan.October 4 at 8 p.m.was set for the study session.
Tentative dates for budget study sessions are set for October 17,18, 19,and
20.
n3 INVESTMENT REPORT
The August investment report was distributed to Council.
D.A.R.E.
Joseph K.Gavinski,City Manager,informed the Council of the joint meeting
with the School Board on D.A.R.E.which will be held on September 15 in the
Fireside Room at Big Bend Community College.
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HOUSING PROGRAM
Joseph K.Gavinski,City Manager,reported that he contacted the Housing Au
thority and was told that they are not interested in the guaranteed rental
program as the compensation is not enough to cover the cost of inspection and ^
administration.They do not feel there is any reason to meet to discuss it.r-r-i
It was the consensus of the Council that the rental association be notified ^—
that the matter will be discussed at the September 27 Council meeting.-^
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.,DOWNTOWN SIDEWALK INVENTORY REPORT (J|
Phil Bloom,City Engineer,distributed the report on the inventory of the
sidewalks in the downtown area.
SIDEWALK PAVER REPORT
Rita Perstac,Municipal Services Director,presented a report summarizing the
downtown property owners who are interested in putting in pavers.
The regular meeting was adjourned at 11_:20
BEFORE THE CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF CHUCK'S AUTOMOTIVE
CONDITIONAL USE PERMIT APPEAL
FINDINGS OF FACT,CONCLUSIONS,
AND DECISION
This matter,having come on before the Moses Lake City Council for action on
September 13,1988 now makes,the following:
FINDINGS 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.Chuck Jackson of Chuck's Automotive,located at 224 E.Broadway has re
quested a conditional use permit for the placement of an existing milk
truck van to be used for storage.
3.The area is zoned C-2,General Commercial and Business,and storage con
tainers may be permitted as a conditional use.
4.At their meeting on August 25 the Planning Commission denied the request
for a conditional use permit.Mr.Jackson appealed that decision to the
City Council.
5.At their meeting on September 13 the City Council considered the appeal.
6.Mr.Rimple pointed out that the Planning Commission had three reasons for
denying the request -it does not meet ordinance requirements,it is
visible from three sides,and it does not blend with the building.
7.Mr.Biallas pointed out that it is not a cargo container,it is a chas
sis.He felt that if permission is granted to use this as a container,
it could allow any thing to be used as a container.
8.There was some discussion by the Council.
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,some
opposition to the granting of a conditional use permit for a storage con
tainer at 224 E.Broadway.
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 placement of a storage container in this area would serve the best
interests of the residents of the City of Moses Lake and bear a substan
tial 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 to Chuck's Automotive for the placement of a
storage container at 224 E.Broadway.
Dated:September 26,1988
CITY OF MOSES LAKE
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