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1978 09 26L_J 2757 CITY OF MOSES LAKE MOSES LAKE, WASHINGTON CITY COUNCIL MEETING -REGULAR SESSION September 26,1978 CITY HALL -COUNCIL ROOM 8 p.m. Members present:Barry Ziegler,Steve Shinn,Don Swanson,Jim Barney,and Eric Skaug Absent: Bob Hill and Kent Jones The meeting was called to order at 8 p.m.by Mayor Don Swanson. Mr.Ziegler moved that the minutes of the meeting of September 19 be approved as submitted,seconded by Mr.Shinn,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $5,554.60 STREET 5,944.75 ARTERIAL STREET 27916.47 WATER/SEWER 9,240.14 WATER/SEWER CONSTRUCTION 6,403.34 EQUIPMENT RENTAL 4,759.07 FIREMEN'S PENSION 540.00 LID #41 946.54 URBAN ARTERIAL 6,048.17 TOTAL $42,353.08 Mr.Skaug moved that the bills be approved as submitted,seconded by Mr.Barney, and passed unanimously.Warrants 6097 to 6175 were approved for payment. I.CITIZEN INPUT None II.CONSENT AGENDA Mr.Shinn moved that the following items on the Consent Agenda be approved: 1.Division Street Water Main -acceptance of work //6?6> 2.Wheeler Road Water Main -acceptance of work //c?6? 3.Resolution -Signing Authorization for City Manager for grant funds JO/$~ seconded by Mr.Skaug,and passed unanimously. III.CONSIDERATION OF BIDS None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS PUBLIC HEARING -ORDINANCE - ZONE CHANGE REQUEST - ACRES AND WISER - 2nd READING The public hearing was opened.///£> A letter was read from Stan Bech,Community Development Director which stated that the Planning Commission recommended that the zone change request by Pat Acres and Bud Wiser be approved.They are requesting that approximately 86 acres of land fronting on Pioneer Way northwest of its intersection with Kettleson Road be changed from its existing Agriculture zone to C-4,Tourist Commercial. There were no comments,so the public response was closed. 2758 CITY COUNCIL MINUTES:2 September 26,1978 Mr.Ziegler moved that the public hearing be closed,seconded by Mr.Shinn,and passed unanimously. The ordinance amending Section 18.09.020 of Chapter 18 of the Moses Lake City Code entitled Zoning was read by title only. Mr.Barney moved that the second reading of the ordinance be adopted,seconded by Mr.Ziegler,and passed unanimously. PUBLIC HEARING -BICYCLE PATH ON DIVISION STREET D The public hearing was opened. Jerry Fay,Public Works Director,stated that the bicycle path would be from Nelson Road to Sixth Avenue on the north.He stated that he had researched the question of using the sidewalks as bicycle paths.On the west side there is 855 feet without sidewalks and the improvement cost would be approximately $6,600.On the east side it would cost approximately $5,000 for the improvements. Dick Robinson,1233 Division,wanted to know if the bicycle path,if approved, would be kept solely for bicycles or if skateboards,motorcycles,etc.would be using it.He felt the sidewalk could be used for bicycles as there is very little foot traffic on Division. Mrs.Sanden,846 South Division,wanted to know how much research has been made into the need for a bicycle path as it would take away parking on the street. Chuck Duryea,1208 Skyline Drive,stated that he and his children ride their bikes on Division,especially during the summer when the pool is open.He stated there is a lot of traffic and a bicycle path is needed there for safety. George Knauss felt that it would be a waste of money to put a bicycle path there as the parking is needed.He stated that he was representing 1050 Division and 1029 Division. Mrs.Thorn felt that it would not be safe for a bicycle path to be located on Division. Jean Nelson,1225 Baker,stated that the apartments located on Division do not have off-street parking for visitors,so they have to park on the street. Doreen Holdren stated that she felt bicycle paths were a necessity as the regular traffic lanes were not safe for bike riding. Bill Eccles,601 South Division,felt that the best way to protect bike riders is to have a bicycle path. Doug Isley was in favor of the bike path on Division. Norm Vehrs felt that there has not been enough study done on the possibility of placing a bicycle path on Division. Barry Ziegler,manager of Athletic Club,stated that there are two residences on Division that do not have off-street parking and the number of bicycles that use Division is relatively low.He further stated that bicycles have the right to use the traffic lanes and he felt that a bicycle path was not necessary in this area. The public response was closed. A letter was read from Suellen Gray which stated that she was in favor of a bike path on Division. A letter was read from Jeanne Hermann which stated that she was in favor of a bike path on Division. n 2759 CITY COUNCIL MINUTES:3 September 26,1978 A letter was read from George Knauss which stated that he was opposed to the bicycle path. Mr.Shinn stated that he had checked with people along Division and he was in favor of the bicycle path along the west side of Division. Mr.Barney felt that a more in-depth study should be done before a decision is made. Mr.Fay stated that there is not enough room on Division for a bicycle path and parking on both sides of the street as the traffic lanes are substandard now, being only 10'6"instead of IT. I—I Mr.Skaug stated that bicycle paths are desirable and he was in favor of it being placed on the west side. Cecil Lee,Park and Recreation Director,explained the Comprehensive Plan and the reasoning behind the recommendation for placing a bicycle path on Division. Mr.Skaug moved that the public hearing be closed,seconded by Mr.Shinn,and passed unanimously. Mr.Barney moved that this be tabled until October 17 and staff to bring back further information on the parking problem,seconded by Mr.Shinn,and passed with Mr.Skaug opposed and Mr.Ziegler abstaining. COMMUNICATION -PACIFIC NORTHWEST BELL -911 EMERGENCY PHONE SYSTEM //?£ Patrick Kelch,911 coordinator for Pacific Northwest Bell 911 Emergency Phone System presented a slide/commentary on the 911 system which emphasized the time that would be saved in all emergency calls with the system.He stated that the cost to the city would be $400 for installation and approximately $12 per month.This system would allow people to call one number for all emergencies. Mr.Kelch emphasized that 911 would be strictly for those citizens within the 765 prefix,mostly within the city limits of Moses Lake. I—'Mr.Skaug moved that the City Manager be authorized to proceed with the 911 system on the 765 prefix and requested the City Manager contact other agencies regarding the 762 prefix being included in the 911 service,seconded by Mr.Barney,and passed unanimously. V.ORDINANCES AND RESOLUTIONS ORDINANCE -1979 TAX LEVY A letter was read from Robert Gazewood,Finance Director,which presented the rate ^0/c>& and amount to be received in 1979 from property tax within the City of Moses Lake. The ordinance fixing the amount to be received for municipal purposes from taxations on assessed valuations on property within the City of Moses Lake,Washington,for the year 1979 was read by title only. Mr.Ziegler moved that the ordinance be adopted at the first reading,seconded by Mr.Shinn,and passed unanimously. VI. REQUESTS TO CALL FOR BIDS None 2760 CITY COUNCIL MINUTES:4 September 26,1978 VII.REFERRALS FROM COMMISSIONS u VARIANCE REQUEST - REPLAT OF BATTERY ORCHARD TRACTS - LOTS 174 &175 A letter was read from Stan Bech,Community Development Director,which stated that the Planning Commission recommended that the variance requested by Dennis Ward be approved.Mr.Ward is requesting a variance of the lot size and width requirements as the lot is less than the required 15,000 square feet in area and less than the required 65 feet in width,containing only 56 feet of frontage on Lakeshore Drive. A letter has been received from the Grant County Health District which states that after their review,they find the variance request to meet with their satisfaction. Mr.Bech explained the change in the access to the lake and the background of the replat. Pat Acres,City Attorney,stated that the issue has come to his office on three separate occasions with some confusion and it now appears that the neighbors feel this should not be allowed.He further stated that he felt the neighbors should have been notified from the beginning of this proposed change.He also stated that he had received information showing that there is a change in the amount of land granted from one change to the other. Mr.Ziegler stated that the original access allows approximately 55 feet of lake frontage and the proposed access will cause the city to lose some 843 square feet of the old easement. Mr.Acres stated that if these figures are true the City Council cannot make any change in the size of the easement.It would have to be an equal exchange of square footage. Ron Baker,Engineer,stated that he had contacted the owners of the lots that were affected by the change.His first contact with the owner of lot 173 was at the Planning Commission meeting.He stated that it was his understanding from the RCW's and discussions with city staff that it was only necessary to keep the same width on the access.At the Planning Commission meeting Mr.Dorsing stated that he did not want a public access next to his bedroom window so the owner of lot 175 was contacted who related he had no objection to it being located adjacent to his property.It was discussed that there would be a lesser lake frontage with the proposed right-of-way from the original simply because the original right-of-way was on the diagonal.However,there would still be direct access to the lake.He stated that the proposed replat would make lot 174 more usable and the septic tank would be set up so that it could be hooked up to city sewer when it becomes avail able on Lakeshore Drive. Mr.Acres stated that the city cannot give up any front footage on the lake. Jerry Moberg,representing Mr.Dorsing,stated that this is a replat and it should comply with the subdivision regulations.He pointed out that lot 174 has no street access and was not intended as a building lot.He stated that state statutes require there be no on-site sewage disposal on lots less than 12,500 unless a waiver is received. He stated that he talked with Mr.Deardorff from the Grant County Health District and told him this was a replat.Mr.Deardorff was under the impression that this was an existing plat and a variance had been granted for this lot.Since this is a replat he stated that the variance would be rescinded. Mr.Moberg stated that he was contacted by the prosecuting attorney and advised that the county would stand by their original recommendation and leave it up to the city to decided if building should be permitted on this lot. Dennis Ward stated that the owner of lot 174 had contacted him a year and a half ago about purchasing lot 173 at which time he stated that he would like to build on this lot if they ever moved to Moses Lake.He stated that he has been trying to get this right-of-way relocated for several months.He felt that he has a right to build a home on this lot and the owner of lot 173 stated that he did not care where the access was so long as it was not adjacent to his property. Now the owner of lot 173 is saying that he does not want a home built there. 2761 CITY COUNCIL MINUTES:5 September 26,1978 Mr.Baker stated that he had informed the Grant County Health District that this was a replat of Battery Orchard Tract 174 and this was the first time he had heard that the County was considering rescinding their previous approval. Craig Dorsing,owner of lot 173,stated that he had contacted the owner of lot 174 in December requesting to purchase Lot 174.At that time Mr.Ward had stated that he was going to contact state officials to try and get the easement moved. Mr.Dorsing stated that Mr.Ward was aware at the time he purchased the lot that it was an unbuildable lot.He stated that he had been told by the owners previous to Mr.Ward that lot 174 was not developable.He stated that he informed the Plan ning Commision that he did not want the right-of-way next to his property.He further stated that no one had asked him if he thought it was appropriate to build on this lot.He stated that he did not think it was appropriate;that he was opposed to the way this was brought about;and he was opposed to the house being built there. Frank Shinn Jr.,lot 172,stated that he was opposed to the idea of allowing a house on such a small lot. Loren Schrag,4335 Peninsula,stated that he objected to it as this was a substand ard lot and the replat would not change that. Mr.Ziegler felt the change in the square footage of the proposed access from the original access should be addressed before any action is taken on the replat. Mr.Ziegler moved that the variance request on the replat be denied,seconded by Mr.Skaug,and passed with Mr.Shinn abstaining. ORDINANCE -AMENDING ZONING ORDINANCE - C-4 ZONE - FIRST READING A letter was read from Stan Bech,Community Development Director,which stated that the Planning Commission recommended that the ordinance amending the C-4 zone be approved. The ordinance amending Chapter 18.36 entitled C-4,Tourist Commercial Zone,of Title 18 of the Moses Lake City Code was read by title only. Mr.Skaug moved that the first reading of the ordinance be adopted,seconded by Mr.Barney,and passed unanimously. ORDINANCE -AMENDING SUBDIVISION ORDINANCE -SHORT PLAT BONDS -FIRST READING A letter was read from Stan Bech,Community Development Director,which stated that the Planning Commission recommended that the accompanying ordinance amending the Short Plat Regulations of the Subdivision Code be adopted.This would allow a subdivider to submit a subdivision bond for required utilities when they are required as part of a short plat. The ordinance amending Chapter 17.12 of the Moses Lake City Code entitled Short Subdivision was read by title only. Mr.Barney moved that the first reading of the ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. ORDINANCE -AMENDING SIGN ORDINANCE - NEIGHBORHOOD SIGNS - FIRST READING /Q A letter was read from Stan Bech,Community Development Director,which stated that the Planning Commission recommended that the accompanying ordinance which would allow for the placement of subdivision and neighborhood identification signs in single family neighborhoods after review and approval by the Planning Commission be adopted. Mr.Bech stated that this came about because of a request from the developers of Sage Bay Subdivision who requested they be allowed to place a sign in the median of Central Drive,which is city right-of-way.The Planning Commission felt this would be an asset to the city but requested the right to review all such signs. --0/Oz /&f/ 2762 CITY COUNCIL MINUTES:6 September 26,1978 The ordinance amending Chapter 18.57 of the Moses Lake City Code entitled Signs and Billboards was read by title only. Mr.Skaug moved that the first reading of the ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. ^ VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION APPLICATION FOR CARD ROOM LICENSE r A letter was read from David Perrault,Police Chief and Russ Beeman,Fire Chief, which recommended that the application for a cardroom license from the Porterhouse be approved. Mr.Ziegler moved that the application be approved,seconded by Mr.Barney,and passed unanimously. GAMBLING TAX ON PULL TABS AND PUNCHBOARDS A letter was read from Robert Gazewood,Finance Director,which stated that a request was received from several tavern owners to either rescind or lower the gambling tax on pull tabs and punchboards,.Mr.Gazewood's letter recommended that the request be rejected. A letter was read from Dale Watson,Wayne Bennett,and M.H.Nelson which discussed the cost of having punchboards and pull tabs as part of their establishment and requested the Council to lower or rescind the 5%city tax on gambling. Mr.Ziegler stated that the city is taxing three businesses in Moses Lake simply because the city is allowed to not because of a good reason to. Mr.Barney stated that he was against this large a tax when initially imposed but went along and waited to see how the money would be spent. Mr.Gazewood stated that for three quarters in 1978 and the fourth quarter of 1977 the city has received $17,107 collected on the gross receipts from punchboards and pull tabs of $342,102.He stated that 14 cities out of 17 responded to a survey that was conducted and 12 of those cities impose a gambling tax.Of these 12 cities 8 impose the maximum 5%tax and the average tax for the other 4 cities is 4.4%. Chief Perrault stated that the Police Department has expended approximately 1,500 man hours in the investigation of alleged illegal gambling.This comes to about $11,718 for the wages and fringe benefits for a police officer to enforce the gambling laws.The money received from the taxes on punchboards and pull tabs help to off-set this cost. Mr.Skaug felt the city is authorized to tax this activity and he felt the city should maintain the 5%. Mr.Barney felt the 5%is too high a tax on the gross income and he felt it should be reduced to 2%. Mr.Gazewood stated that the city is experiencing an accountability gap in that it is difficult at this time to determine exactly where the money received from this tax is being spent.He stated that an account is being set up to remedy this and he felt that any reduction of the tax should wait until after the 1979 budget is finalized in order not to jepardize any development work that is being done by the Police Department in this area. Mr.Barney moved that this request be tabled,seconded by Mr.Shinn,and passed unanimously. _ u 2763 CITY COUNCIL MINUTES:7 September 26,1978 IX.COUNCIL QUESTIONS AND COMMENTS BASEBALL LETTERS OF APPRECIATION Mr.Swanson requested Council concurrance for letters of appreciation to be sent to the host families of the Babe Ruth All Stars in Miles City,Montana and Newark, Ohio The letters were signed by all Councilmen. POLICE/JUSTICE COURT FACILITY /O '' • Mr.Zenor stated that there would be a walk through inspection of the Police/Justice Court Facility on Thursday,September 28.He stated that the building is nearing completion.Chief Perrault stated that the communication system should be delivered by November 4 and the furniture should be here by November 24. BUDGET A study session on the budget was set for October 3 at 8 p.m. HEIGHT LIMITATIONS Mr.Skaug requested that the Planning Commission study the requested elimination of the 40 foot height limitation on buildings prior to submission to the Council. BASE ANNEXATION Mr.Barney requested information on the proposed annexation.Mr.Zenor stated that he was in the process of reviewing the annexation and has obtained information from other cities on their annexation processes.Mr.Zenor stated that it would, at the very earliest,be approximately a month before he could get back to Council with proper information.He stated that he has asked each department to submit two budgets;one without annexation and one as if the annexation had occurred. X.CITY MANAGER REPORTS AND COMMENTS CLAIMS -FRANK WAGLEY AND RAMIRO LOPEZ / Doug Zenor,City Manager,stated that the city has received two claims for damages; one from Frank Wagley and one from Ramiro Lopez.He stated that the claims would be forwarded to the insurance carrier. The meeting was adjourned at 11:55 p.m. ATTEST: Donald E.Swanson,Mayor