2000 12 12^J
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MOSES LAKE CITY COUNCIL
December 12,2000
Council Present:Richard Pearce,Chris Blessing,LarryTracy,Tom Porter, Ron Covey,Lee Blackwell, and
Brent Reese
MINUTES:Mr.Tracy moved that the minutes of the November 28 meeting be approved,seconded by Mr.
Reese,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Blackwell movedthatthe bills,checks,and prepaid claimsissued beapproved,seconded
by Mr.Tracy,and passed unanimously.
Vouchers audited and certified by the Finance Director as required by RCW42.24.080,and thoseexpense
reimbursement claims certified as required by RCW42.24.090,have been recorded on a listingwhich has
been made available to the City Council.
Claims:The vouchers included on the below list as modified by the Council and noted upon said list forthe
Council meeting of November 28,2000 for the funds listed below are approved in the amount of
$945,207.12.
GENERAL FUND
STREET
STREET IMPROVEMENT
PARK &REC IMPROVEMENT
WATER/SEWER
WATER/SEWER CONSTRUCTION 66,794.87
PrepaidClaims: Prepaidclaims approved by the City Manager according to the process established by
Moses Lake Municipal Code 3.42.030 andthe internal controlpolicy approved bythe CityCouncilhas been
recorded on a listing which has been made availableto the City Council.The claims listed below are ap
proved in the amount of $21,246.79 for all funds.
GENERAL FUND
PARK IMPROVEMENT
[^_J Prepaid Claims:Prepaid claims approved by the City Manager according to the process established by
Moses Lake Municipal Code 3.42.030andthe internal control policy approvedbythe CityCouncil has been
recorded on a listing whichhas been made available tothe City Council.The claims listed belowareap
proved in the amount of$172.93 for all funds.
GENERAL FUND $172.93 TOTAL $172.93
ClaimChecks:Checks 7343 through7469 issued on November 22 through December 8, 2000 were ap
proved for paymentatthe Council meeting held on December 12,2000 inthe total amount of $559,633.70.
Payroll:The payroll issued on November30,2000 having been approvedpursuantto the rule of the City
Council set forth inMoses Lake Municipal Code 3.42.040,was paid by checks 18016 through 18022 inthe
total amount of $1,152.66.
Payroll:The payroll issued on December 8, 2000 having been approved pursuantto the ruleof the City
Councilset forth inMoses Lake Municipal Code 3.42.040,was paidby checks 18023 through 18191 inthe
total amount of $51,667.40.
II.EMPLOYEE PRESENTATIONS -None
III.CONSENT AGENDA
Traffic Safety Grant -Bike Helmets:The Police Department requested authorization to apply for a traffic /O 7?
safety grantto purchase bicycle helmets fordistribution to the community.
\^_)Resolution -Accept Donation -DARE Program:Aresolution was presented which accepts donations from /O L/&
various persons and corporations for the DARE Program.
Resolution -Accept Donations -SafeStreets Program:Aresolution waspresented which accepts donations /O c/&?
from various persons and corporations forthe Moses Lake Police Safe Streets Program.
Resolution - Accept Donations - Summer Concert Series:A resolution was presented which accepts /Q*/(&
donations from various personsand corporations for the 2000 Centennial TheaterSummerConcertSeries.
Resolution -Interfund Loan:A resolution was presented which provides for an interfund loan from the /'j/0-/\
Sanitation Fund to the Street Improvement Fund.
Action Taken:Mr.Blackwell moved that the Consent Agenda be approved,seconded by Dr.Covey,and
passed unanimously.
$59,031.57 SANITATION FUND 89,974.45
3,581.25 AIRPORT 13,351.08
234,304.79 SELF INSURANCE 930.87
147.77 CENTRAL SERVICES 6,312.39
444,832.86 EQUIPMENT RENTAL 7,262.14
66,794.87 BUILDING MAINTENANCE 18,683.08
TOTAL $945,207.12
&222.84 WATER/SEWER 959.08
19,914.09 EQUIPMENT RENTAL 150.78
TOTAL $21,246.79
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CITY COUNCIL MINUTES:2 December 12,2000
IV.CONSIDERATION OF BIDS
PICKUPS
Bids were received fora full size %ton pickup and a small Vz ton pickup, both with extended cabs.The local
bidderwas within$1,000 ofthe state bidforthe full size pickup but was more than $2,500 over the state bid
for the small pickup.
Action Taken:Mr.Tracy moved that the bidon the full size %ton pickup be awarded to Discovery Ford of
Moses Lake for $21,971.95 and the bid on the small size Vz ton pickup be awarded to the state contract for (T*}
$17,057.10,seconded by Dr.Covey, and passed unanimously.
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
l/tfO ORDINANCE -FARMER DRIVE REZONE -2ND READING/PUBLIC HEARING
The City of Moses Lake is requesting a zone change forthe residential properties which fronton the street
commonly known as Farmer Drive from Heavy Industrial to a R-3,Multi-family Residential.The Farmer
Drive properties were annexedon April26,2000 and simultaneously zoned Agricultureper Municipal Code
requirement.The city rezoned the properties to Heavy Industrialon July 11,2000.Asa result allresidential
uses in the area became non-conforming,because residential land uses are prohibited within industrial
zoning districts.As a result of a home owner wishing to construct an addition to his home located in the
Heavy Industrial Zone,the Council and Commission became concerned that these property owners may
be burdened with unreasonable procedural requirements underthe non-conforming uses regulations.The
Commission considered a rezone to the residential property along Farmer Driveand recommended to the
Council the rezone be approved.
The public hearing was opened.There were no comments.
Action Taken:Mr.Reese moved that the publichearing be closed,seconded by Mr.Blackwell, and passed
unanimously.
The ordinance amending Section 18.09.020 ofthe Moses Lake Municipal Code was read by title only.
Action Taken:Mr.Blackwell moved that the second reading of the ordinance be adopted and the Findings
of Fact be accepted,seconded by Mr.Reese,and passed unanimously./^"\
ORDINANCE -SIGN REGULATIONS -2ND READING/PUBLIC HEARING
An ordinance was presentedwhich establishes new regulations forsigns withinthe citylimits.The ordinance
was drafted by a committee consisting of PlanningCommissioners,representatives from sign companies,
and city staff.
GilbertAlvarado,Community Development Director,suggested the following changes - in the table under
Sandwich Board,the maximum sign height be changed to "4*"ratherthan "see definitionof Sandwich Board
Sign"and "Projecting Sign"be included in the table.
The public hearing was opened.There were no comments.
Action Taken:Mr.Porter moved that the public hearing be closed,seconded by Mr.Reese,and passed
unanimously.
The ordinancedeleting Chapter 18.56ofthe Moses Lake Municipal Codeentitled"Signs and Billboards"and
creating Chapter 18.58 of the Moses Lake Municipal Code entitled "Signs"was read by title only.
Action Taken:Mr.Blackwell moved that the ordinance be amended as recommended by the Community
Development Directorand the second reading of the ordinance be adopted,seconded by Mr.Porter, and
passed unanimously.
VI.ORDINANCES AND RESOLUTIONS
ORDINANCES -TAX LEVY 1999 -SINGLE READING
Because of the uncertainties existing due to the passage of I-722,some jurisdictions have decided to re-
adopt their 1999tax levy for collection in 2000.Ordinanceswere presented which fix the estimated amount
to be received by the city from taxations on assessed values on properties for 2000.
Joseph K.Gavinski,City Manager,stated that these ordinances will provide some protection to the city if
the already collected and spent taxes for 2000 have to be repaid.
The ordinance fixing the amount to be received from municipal purposes from taxations on assessed
valuations on property within the City of Moses Lake,Washington for 2000 was read by title only.
Action Taken:Dr.Covey moved that an emergency be declared and the ordinance be adopted on a single
reading,seconded by Mr.Porter, and passed unanimously.
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CITY COUNCIL MINUTES:3 December 12,2000
The ordinance fixing the estimated amount to be received from municipal purposes from taxations on
assessed valuations on property within the City ofMoses Lake,Washington for2000was read by titleonly.
Action Taken:Mr.Porter moved that an emergency be declared and the ordinance be adopted on a single
reading,seconded by Mr.Blackwall, and passed unanimously.
ORDINANCE -DRIVEWAY CONSTRUCTION STANDARDS -1ST READING
An ordinance was presentedwhich provides forrestricted access on Paxson Drive,Valley Road,Yonezawa
Boulevard,and Wheeler Road.These restrictionswillhelp control access points and decreasetraffic safety
concerns.
Gary G.Harer,Municipal Services Director,stated that a tiered approach has been used based on the
average daily traffic for the different commercial uses.
The ordinance amending Chapter 12.10 of the Moses Lake MunicipalCode entitled "Driveway Construction
Standards"was read by title only.
Mr.Blessing requested that "minimum" be inserted in Section 12.10.036 as it pertains to the setbacks.
There was some discussion by the Council.
Action Taken:Mr.Blackwell moved that the ordinance be amended by adding "minimum"to section
12.10.036 and the first reading of the ordinance be accepted,seconded by Mr.Blessing,and passed
unanimously.
VII.REQUESTS TO CALL FOR BIDS
BALLFIELD LIGHTING MATERIALS -PAUL LAUZIER ATHLETIC COMPLEX
Staffrequestedauthorization tocallforbids forthe materials forlighting the fourballfieldsatthe PaulLauzier
Athletic Complex.This bid does not include installationof the lights.
Tom Jarman,Someway Electric,pointed out that specifications state that the contractor may use high
pressure sodium lamps.Theseare notacceptable forrecreational ortournament playas they areequivalent
I)to street lights.
Gary G.Harer,Municipal Services Director,statedthatstaffwill lookinto theissueandmakeanynecessary
changes.
Action Taken:Dr.Coveymovedthatstaffbeauthorized to call for bids,seconded byMr.Reese, andpassed
unanimously.
RESERVOIRS 4 AND 6 -PAINTING PROJECT 2001
Staff requested authorization to call for bids for the painting of Reservoirs4 and6.
Action Taken:Dr.Covey movedthatstaffbe authorized to call for bids,seconded by Mr.Blackwell,and
passed unanimously.
VIII.REFERRALS FROM COMMISSIONS -None
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
MOSES LAKE INDUSTRIES -EXTRA TERRITORIAL UTILITY AGREEMENT -AMENDMENT
Tetsuro Endo,Moses Lake Industries,requested an amendment tothe Extra Territorial Utility Agreement
in order to increase their water usage from 30,000 gallons perday to 60,000 gallons perday and their
wastewaterdischarge from 20,000 gallons perdayto40,000 gallons perday.
Gary G.Harer,Municipal Services Director,stated thatthecity hassufficient pumping capacity tosupply the
[)requested water and sufficient water rights tocoverthe request.The Larson Wastewater Treatment Plant
has the capacity to handle the additional wastewater.
Mr.Endo stated that their business is growing and they need the additional services.
Action Taken:Mr.Porter moved thatthe Extra Territorial Utility Agreement with Moses Lake Industries be
amended to allow their usage of up to 60,000 gallons perday of water and up to 40,000 gallons of
wastewater discharge perday,seconded by Mr.Blackwell,and passed with Mr.Reese abstaining.
X.PUBLIC QUESTIONS AND COMMENTS -None
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CITY COUNCIL MINUTES:4 December 12, 2000
XI.COUNCIL QUESTIONS AND COMMENTS
/Off GARBAGE RATES
Mr.Blessing felt thatthe garbageratesshouldbe reducedas he felt thatthe cityhas too much surplusin
this fund.
Mr.Porter wanted to know what the surplus is used for.
Joseph K.Gavinski,City Manager,stated that the surplus can be used to off-set future rate increases by the f*)
garbage contractor oratthe county landfill or for a recycling program.It can alsobe used to reducecurrent
rates.Hepointed outthatinthe long run theratepayerswill benefitfrom the surplusesthataccumulateover
the years.
Mr.Porter mentionedthatthecountyisalready talking aboutthechangesthathavetobe madeinthe landfill
and the cost of those changes, which will be passed on to the city.
Mr.Gavinski mentioned thatthe city hastaken into accountthe anticipated increase in thecounty'slandfill
fees and has tried to anticipate these increases.
Therewassome discussion bythe Council andstaffwas directed to bring back information oncosts,tipping
fees, transfer stations, and other garbage services.
XII.CITY MANAGER REPORTS AND COMMENTS
/O?^COMPREHENSIVE PLAN
Gilbert Alvarado,CommunityDevelopment Director,distributed information onthe time frame for adoption
ofthe city's Comprehensive Plan.An open house has been scheduled for Wednesday, December 13,to
provide informationto the publicon the plan. Publichearings before the PlanningCommission will be held
on December21,2000and January 11,2001.The planwill then be forwardedtothe CityCouncil forreview
on January 25. The Councilshould adopt the Planon February 13.Heexplained that duringthis time frame
the staffwill be conducting informational meetingswithindifferent districts affected by the plan, both inside
the city's limits and in the UGA.
/OSOA BUILDING ACTIVITY REPORT
Joseph K.Gavinski,City Manager,distributed the building activity report for November 2000.
llSb STREET MAINTENANCE -DEICING
Joseph K.Gavinski,City Manager, reported that the Street Department will be using liquid magnesium
chloride as a deicer this year rather than the traditional gravel and salt.
I-722
Joseph K.Gavinski, City Manager,stated that, according to the Department of Revenue,the injunction
issued on I-722 applies statewide since allthe counties inthe stateareacting inconcertwiththe Department
of Revenue.
The regular meeting was recessed at 8:20 p.m. and the Council met in an executive session to discuss
personnel matters.The executive session was adjourned at 9 p.m. and the regular meeting was
reconvened The regular meeting was adjourned at 9 p.{
ATTEST:Mayor
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE FARMER DRIVE
ZONE CHANGE
NO.ZC 00-1
FINDINGS OF FACT,CONCLUSIONS,AND DE
CISION
2.
HEARING BEFORE THE PLANNING COMMISSION.
1.1
1.2
1.3
1.4
Date. A public hearing was held upon proper notice before the Commission on November
16,2000.
Proponent.The City of Moses Lake is the proponent of this zone change.
Purpose.The proponent has requested a zone change of property legally described as
follows from Heavy Industrial to R-3, Multi-Family Residential:
Tax Nos.1778,2066,3089,3281,3307,3402,3274,3275,3340,3352,3410,3429,
3575,3709,3710,3751,3752,3928,3969,4031,and 12326
Evidence.The Commission considered the following materials in reaching its decision.
A.The application of the proponent for the zone change.
B.The lack of comments from the public.
FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upon the evidence presented to them,the Planning Commission made the following findings
of fact:
2.1 The property is unplatted.
2.2 The rezone is in the public interest and will benefitthe public welfare.
2.3 The rezone is in the best interest of the residential neighborhood and the R-3 Zone is the
residential zone that is most compatible with industrial zones.
2.4 The rezone will alleviate burdensome regulations forthe residential property owners.
2.5 The rezone is not invalid spotzoning as itwillbenefitallthe residential property ownersalong
Farmer Drive as opposed to a single property owner.
2.6 The current uses will not change under the proposed residential zoning.
2.7 There were no negative comments.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of fact the Commission made the following conclusions:
3.1 The Planning Commission ofthe City of Moses Lake is vested with the authority to recom
mend to the City Council the advisability of the proposed change in zoning.
3.2 The rezone request of the proponent is properly before the Commission for its recommen
dation.
3.3 It is proper at this time for the Planning Commission to make a recommendation on this
rezone request.
3.5 Itis in the bestinterestsand welfare ofthecity's citizens to rezone the property as proposed.
4.RECOMMENDATION OF THE PLANNING COMMISSION.
On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the
Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that the
request fora rezone of this property be granted.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date. A public hearing was held upon proper notice before the City Council on December
12,2000.
5.2 Proponent.The City of Moses Lake is the proponent of this rezone.
5.3 Purpose.The City Council considered the request for a rezone.
5.4 Evidence.The City Council considered the following materials in reaching its decision:^->>
A.The application ofthe proponent for the rezone.
B.The history of the property.
C.The lack of comments from the public.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
No further evidence was presentedto theCity Council.The City Council adoptsthose findings of fact
made previously by the Planning Commission as its own.
7.FURTHER CONCLUSIONS OF THE CITY COUNCIL.
From the foregoing findings of fact the City Council makes the following conclusions:
7.1 The City Council of the City of Moses Lake is vested with the authority to make a decision
on a proposed change in zoning.
7.2 The rezone request of the proponent is properly before the Council for its decision.
7.3 Itis proper at this time for the City Council to make a decision on this rezone request.
8.DECISION OF THE CITY COUNCIL.
The City Council of the City of Moses Lake agrees with the recommendation of the Planning fi
Commission and grants the zone change request.
Dated:December 12,2000
Richard H.Pearce,Mayor
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