2001 05 225734
MOSES LAKE CITY COUNCIL
May 22, 2001
Council Present:Richard Pearce,Ron Covey, Chris Blessing,Larry Tracy, Tom Porter,and Brent Reese
Absent:Lee Blackwell
MINUTES:Mr.Reese moved that the minutes of the May 8 meeting be approved,seconded by Mr.Porter,
and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Dr.Covey movedthatthe bills,checks,and prepaid claims issuedbe approved,seconded by
Mr.Porter, and passed unanimously.
I J Vouchers audited and certified bythe Finance Director as required by RCW 42.24.080,and those expense
reimbursement claims certified as required byRCW42.24.090,havebeen recorded on a listing which has
been made available to the City Council.
Claims:The vouchers includedon the belowlistas modifiedbythe Council and noted upon said list for theCouncilmeetingofMay22,2001 for the funds listed below areapproved in the amount of $538,670.13.
GENERAL FUND $ 55,979.50 WATER/SEWER LEASES 3,327.50
STREET 50,996.23 SANITATION FUND 43,031.95
EQUIPMENT LEASES 14.148.76 AIRPORT 66.00
STREET IMPROVEMENT 4,333.23 SELF INSURANCE 151,151.59
PARK &REC IMPROVEMENT 7,914.35 CENTRAL SERVICES 53,373.40
WATER/SEWER 69,418.08 EQUIPMENTRENTAL 75,056.15
WATER/SEWER CONSTRUCTION 336.00 BUILDING MAINTENANCE 9,381.17
TOTAL $538,670.13
Prepaid Claims:Prepaid claimsapproved bytheCity Manager according tothe processestablished byMoses
Lake Municipal Code 3.42.030 and theinternal control policy approved bytheCity Council hasbeenrecorded
ona listing which has been made available tothe City Council.The claimslisted beloware approved in the
amount of $4,319.91 for all funds.
GENERAL FUND $1,905.37 AIRPORT 82.45
PARK &REC IMPROVEMENT 16.36 CENTRAL SERVICES 610.36
WATER/SEWER 1,705.37 TOTAL $4,319.91
Prepaid Claims:Prepaid claimsapproved bythe City Manager according tothe processestablishedbyMoses
LakeMunicipal Code3.42.030andthe internal control policy approved bythe City Council hasbeen recorded
on a listing which has been made availableto the CityCouncil.The claims listed below are approved inthe
amount of$6,209.26 for all funds.
u GENERAL FUND $895.68
WATER/SEWER 5,313.58
TOTAL $6,209.26
PrepaidClaims:Prepaidclaimsapproved bythe CityManageraccordingtothe process established byMoses
Lake Municipal Code 3.42.030 and the internalcontrolpolicyapproved bythe CityCouncilhas been recorded
on a listing which has been made availableto the CityCouncil.The claims listed below are approved inthe
amount of $37,563.58 for all funds.
GENERAL FUND
STREET
WATER/SEWER
Claim Checks:Checks 9441 through 9649 issued on May 7,2001 through May 18,2001 were approved for
payment at the Council meeting held on May 22, 2001 in the total amount of $1,220,800.86.
Payroll:The payrollissued on May 11,2001 having been approved pursuantto the rule oftheCity Council set
forth in Moses Lake Municipal Code 3.42.040,was paid by checks 19840 through 20019 in the total amount
of$54,394.02.
II.EMPLOYEE PRESENTATIONS -None
III.CONSENT AGENDA
Request to Apply for Traffic Safety Grant:The Police Department requested authorization to apply for a ///7
$4,000Washington State Traffic Safety Commission grant in order to purchase two moving radar units and
a portable breath testing machine.
Resolution -AcceptDonation -Green:Aresolution was presented which acceptsthedonation tothe Museum /O*/(p
ofapproximately 4,000 envelopes of photographic negatives from Kim Green.
U Resolution -Grant Easement -Qwest:A resolution was presented which grants an easement to Qwest /OA3
Communications for the installation and maintenance of underground communications lines on the Moses
Lake Community Park property.
Action Taken:Mr.Tracy moved that the Consent Agenda be approved,seconded by Dr.Covey,and passed
unanimously.N
,373.69 CENTRAL SERVICES 320.22
5.50 EQUIPMENT RENTAL 25,967.24
896.93 TOTAL $37,563.58
IV.CONSIDERATION OF BIDS
FUEL PROCUREMENT
Cenex Harvest Stateswasthe only vendor to submit a bid for the fuel procurement contract.Staff requested
authorization to award the bid to Cenex.
Action Taken:Mr.Tracy moved that the bid be awarded to Cenex Harvest in the amount of $.07 per gallon
over the Oil Price Information Service Cost,seconded by Mr.Blessing,and passed unanimously.
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CITY COUNCIL MINUTES: 2 May 22,2001
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
}(90 ORDINANCE -GATEWAY ESTATES ZONING -2nd READING/PUBLIC HEARING
An ordinance was presented which would establish the zoning forthe Gateway Estates area as R-2,Single
Family and Two Family Residential.
The public hearing was opened.There were no comments.
Action Taken:Dr.Covey moved that the publichearing be closed,seconded by Mr.Blessing, and passed
unanimously.
The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only.^"^
Action Taken:Mr.Porter moved that the second reading of the ordinance be adopted and the Findings of
Fact be accepted,seconded by Mr.Reese,and passed unanimously.
VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -GARBAGE RATES -2ND READING
An ordinance was presented which establishes new garbage rates.
Dr.Covey stated that he would like to see a separate residential rate of $5 established for seniors.
There was considerable discussion by the Council and staffwas directed to provide information at the next
meeting on the possible numberof accounts that would be impacted.
The ordinance establishing charges for garbage collection was read by title only.
Action Taken:Dr.Covey moved thatthe second reading of the ordinance be adopted,seconded by Mr.
Porter,and passed unanimously.
Mr.Tracy wanted to know how the city would determine who would be eligible to receive a reduced rate.
James A.Whitaker,City Attorney,stated there is statutory authority to give a reduced rate to senior citizens
butthe Council mustdeterminewhat is to be considered a seniorlow-income household.If the Council does
not make any changes,the city would use the definition in the Senior Citizens Services Act.
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ORDINANCE -RIGHT-OF-WAY USE CONTROL -2ND READING
An ordinance was presented which creates regulations forthe use of city right-of-way by telecommunications
and cable providers.
Theordinance creating Moses Lake Municipal Code Chapter 5.60 entitled"Right-of-Way Use byTelecommu
nication,Cable Providers, and Open Video System Operators"was read by title only.
Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.
Porter, and passed unanimously.
ORDINANCE -AMEND 2001 BUDGET -1st READING
An ordinance was presented which amends the 2001 budget.
The ordinance amending the 2001 budget forthe Cityof Moses Lake, Washington was read by titleonly.
Action Taken:Dr.Covey moved thatthe first reading ofthe ordinancebe adopted, seconded by Mr.Reese,
and passed unanimously.
ORDINANCE -AMEND SPEED LIMITS - 1st READING
Anordinance was presented which setthespeed limits onYonezawaBoulevard from Clover DrivetoHighway
17at30 mphand from Clover Drive to Division at35 mph.The ordinance alsosetthespeed limit on Clover
Drivefrom Highway17 to Yonezawa Boulevard at 35 mph.
The ordinance amending Chapter 10.10ofthe Moses Lake Municipal Code entitled Speed Limits was read
by title only.
Action Taken:Dr.Coveymovedthatthe first reading ofthe ordinance be adopted,secondedby Mr.Reese,
and passed unanimously.
)QhX ORDINANCE -CREATE TELECOMMUNICATIONS USE FEES -1st READING
An ordinance was presented which sets the fees for the processing of franchise applications and renewals f~\
related to cable television and telecommunications providers.
The ordinance creating Chapter 5.50ofthe Moses Lake Municipal Code entitled "Telecommunication Use
Fees"was read by title only.
ActionTaken:Mr.Portermoved that the first readingof the ordinance be adopted,seconded by Mr.Tracy,
and passed unanimously.
VII.REQUESTS TO CALL FOR BIDS
lOll POLICE CAR VIDEO SYSTEM
Staff requestedauthorization to call for bids for four police carvideosystems. Three ofthese systems will
be paid for bythe Local LawEnforcement Block Grant.
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CITY COUNCIL MINUTES: 3 May 22, 2001
Action Taken:Mr.Blessing movedthatstaffbeauthorized tocall for bids,secondedbyMr.Tracy,andpassed
unanimously.
VIII.REFERRALS FROM COMMISSIONS
LAKELAND ADDITION III PRELIMINARY MAJOR PLATA/ARIANCES
Phil Bloom,Columbia Northwest Engineering,has submitteda preliminary platfor a sixteen lotmajorplat.
The areaiszoned R-1,Single Family Residential.A variance has been requested in order to postpone the
design and construction ofthecul-de-sacs on Lakeland Drive and Greens Loop for five years.The Planning
Commission recommended thatthe preliminary plat andvariancesbe approved with the stipulation thata
~"covenant run with the land for the improvements to the cul-de-sacs within five years from the date of^)preliminary plat approval,and the comments ofthe City Engineer beaddressed.
Mr.Blessingdeclaredan appearance of fairnessissue and exited the room.
Gilbert Alvarado,Community Development Director,statedthatthisisthe third phase ofthisdevelopment.
The suggested covenants for the improvements tothe cul-de-sacs on Lakeland Drive and Greens Loop is
consistent withwhat has taken place inthis development previously.
ActionTaken:Mr.Porter moved thatthe Lakeland Addition III Preliminary Major Platbe approved, avariance
be approved to postpone the construction of the cul-de-sacs on Lakeland Drive and Greens Loop for five
yearswith the stipulation thata covenant run with theland for the improvements tothecul-de-sacs within five
years from the dateof preliminary plat approval,the comments ofthe City Engineer be addressed, andthe
Findings of Factbe accepted,seconded by Mr.Reese,and passed unanimously.
MAIERS MAJOR PRELIMINARY PLATA/ARIANCE //£G>
Phil Bloom, Columbia Northwest Engineering, has submitted a preliminary platfora nine acre, one lotmajor
plat.The area is zoned C-2,General Commercial and Business. A variance has been requested to the
requirementtodesign and constructpavement,curb,andsidewalkonCloverDrive.The Planning Commis
sion recommended that the preliminaryplatand variance be approved withthe stipulationthat a covenantrun
withthe land forthe improvements to Clover Driveat a futuredate and the comments of the CityEngineer be
addressed.
Mr.Blessing declared an appearance of fairness issue and exited the room.
GilbertAlvarado,Community Development Director,stated that this is inan irrigation districtand the irrigation
water allotment will have to be released.
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Mr.Bloom stated that the variance to the improvements to Clover Drive is being requested due to the
uncertainty at this time ofwhether or not Clover Drivewilleven be extended at this location.
Bob Fancher, Maiers Development,statedthat the plans are to access the property from Yonezawa and there
is no need forClover atthis time.Theywould prefer notto make improvementsto Clover untilits final location
is determined.
Action Taken:Mr.Porter moved thatthe preliminary plat be approved,the variance to the requirement to
construct pavement,curb, and sidewalk on Clover Drivebe approved withthe stipulationthat a covenant run
with the land for the improvements to Clover Drive at a future date,the comments ofthe City Engineer be
addressed,and the Findings of Fact be accepted,seconded by Mr.Blessing,and passed unanimously.
CRESTVIEW CHRISTIAN SCHOOL MAJOR PLATA/ARIANCES
Shawn McCreryof Tektoniks Corporation,representing the UpperColumbia Mission Society of Seventh Day
Adventists,has submitted a major subdivision for a private elementary school and day care facility located
south of Valley Road and east of Crestview Drive.The area is zoned R-1,Single Family Residential.The
proponenthas requested avarianceto the requirementto design andconstruct sidewalk, curb,and gutteron
Valley Road.The PlanningCommission recommended to the Councilthat the preliminary platbe approved
and a variance be granted to the requirement to construct street and utility improvements on the south side
ofValley Road withthe stipulation that a covenant be requiredforthose improvements at a futuredate, and
the comments of the City Engineer be addressed.
Mr.Blessing declared an appearance of fairness issue and exited the room.
GilbertAlvarado,Community Development Director,stated that the Planning Commission had only a short
time to review the comments from the staff and they recommended that a covenant be required for
improvements on Valley Road. He mentioned that there is alreadya water main on Valley Road so that will
not be a requirement of the plat.The area is alreadyserved by sewer fromeitherCrestview Drive orPaxson
Drive soevenifsewerwastobeinstalled onValley Road itwould serveno purpose.It hasbeendiscovered
that the bike pathisinside the citylimitsbutValley Road itselfisinthe county. He pointed outthat itis a policy
matter on the partof the Planning Commission to require covenants forconstruction of needed street and v
utility improvements in the future.
Rhett Unger,Tektoniks Corporation,stated that theywere concerned about the covenant for the improve
ments.If that covenantwere to be called in the future,the cost of the improvements could shut down the
school. Hewould liketo seethe requirement forthe covenant removed based on the factthat the utilitiesare
not needed and the fact thatValley Road is a county road. He mentioned that the construction of the private
access willbring the bike path up to city standards.
Gary Morgan,representing the Building Committee for the 7th Day Adventist Church,statedthatthe church
is concerned aboutthe cost ofthe improvements in the future.The covenant recommended by the Planning
Commission is very broad and the cost of those improvements could be detrimental to the operations of the
church in the future.
Joseph K.Gavinski,City Manager,statedthat originally the countywas going to construct the bike path on '
the north side of Valley Road which is inthe county.Because the city had already constructed a bike path
on the south side ofValley Road below this property,the county ultimatelydecided to continue the bike path
on the south side of Valley Road.
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CITY COUNCIL MINUTES:4 May 22,2001
Mr.Pearce pointed out that a covenant may not be needed forwater and sewer improvements but he was
concerned about future street improvements.
Mr.Gavinski stated that the citywould not have the authorityto enforce a covenant for improvements on a
county road,even if the road is annexed at a later date.
There was some discussion by the Council.
Action Taken:Dr.Covey moved thatthe preliminary plat be approved,the variance tothe requirement to
design and construct sidewalk,curb,and gutter onValley Road beapproved with the stipulation thatthebike
path be upgraded to city standards,the comments of the City Engineer be addressed,and the Findings of
Fact be accepted,seconded by Mr.Reese,and passed unanimously.
//£(p WAL-MART STORES ADDITION #2 FINAL PLAT
Pacific Land Design has submitted the Wal-Mart Stores Addition #2 Final Plat.The Planning Commission
recommended that the final plat be approved with the stipulation that the comments from the City Engineer
be addressed.
GilbertAlvarado,Community Development Director,stated that allthe issues havebeen resolved with regard
to this plat.
Action Taken:Mr.Porter moved that the final plat be approved,the comments of the City Engineer be
addressed,and the Findings of Fact be accepted,seconded by Mr.Reese,and passed unanimously.
/Q$*7 ORDINANCE -LOOP DRIVE VACATION -1st READING
The cityhas received a request from Sandra Kellerand EricAlmquist forthe vacation of that portion of Loop
DriveadjoiningCrestview Drive.The Planning Commission recommended that the request to vacate this
portionof Loop Drivebe approved.
GilbertAlvarado,Community Development Director,stated that the Councilshould determine whether ornot
the cityshould be reimbursed forone halfthe appraised value of the vacated street.
Sandra Keller,631 Crestview,one ofthe adjacent propertyowners,stated that an appraiser isworking on the
project andan appraised valueshouldbe available inthe nearfuture.The property isabout 120'indepthand
60'in width.
The ordinance vacating a portion of Loop Drive was read by titleonly.
Action Taken:Mr.Blessing moved that the first reading of the ordinance be accepted, seconded by Mr.
Porter, and passed unanimously.
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IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
LAKESIDE DRIVE PAVING
Lanette May,1357 W.Ivy,stated thatshe would like tosee Lakeside Drive paved toatleast Ivy StreetratherthanstoppingatColumbiaAvenue.Shewas concerned about the dust caused bythe school buses and the
traffic to and from the Crab Creek Brewery.
Gary G.Harer,Municipal Services Director,statedthatoriginally itwasthe intent to improve Lakeside to Ivy
butthe city needed additional right-of-way on the southside of Lakeside Drive.The property owner,Mr.
Bernhardt,wanted Lakeside Drive tobe extended to provideaccesstohis property butsincethatwouldcreate
a "Y"intersection,the staffsuggested he access his property ata different point.Since he is notyet ready
to develop his property he was not willing to provide that right-of-way.
There was some discussion bythe Council and staffwas directedto againcontact Mr.Bernhardt.
Arley Dabney,1354 Columbia,requested thatthe streetbe improved toatleastthe end of Ivy Street.
EmeryCarvo,1346Columbia,statedthathe has putup with the dust for 46!4 yearsandithas gottenworse
sincethe Crab Creek Brewery was developed.People speed through this area ontheir way tothe brewery.
He feltthatthe dust problemwould be alleviated ifLakeside Drive were to be paved.
AMBULANCE SERVICE AGREEMENT
A draft agreementbetweenthe city andthe Hospital District was presented.Thisagreementis in regard to
the asset purchaseand sale ofSamaritan'sambulance serviceequipment andsupplies. Adraftagreement
to provide co-management of Samaritan Ambulance Services was also presented.Authorization was
requested forthe City Manager to sign the agreements.
Joseph K.Gavinski,City Manager,statedthatbased onthe Council's decision to proceedwith the provision
of ambulanceservice bythe city,the agreements were drafted.The agreements provide for Samaritan to /^Ntransferitsassetstothecity,for joint management oftheambulance service during thetransition period,and '/
the elimination of lease payments to the city by Samaritan. The Board of Directors of Samaritan hasauthorizedthehospitaladministratortoexecutetheagreements.The city will have to obtain a permit from
the EMS Council tooperatethe ambulances.The minor changes involve the piecesof property thecityisnot
interested in. Forinstance, the city is not interested in .i paging service. By eliminatingthis service, the
amount the city paysto Samaritanwould be reduced by about $40,000.
There was some discussion by the Council.
ActionTaken:Mr.Tracy moved that the CityManagerbe authorized to sign the agreements,seconded by
Dr.Covey,and passed unanimously.
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CITY COUNCIL MINUTES: 5 May 22, 2001
MULTI-AGENCY COMMUNICATION CENTER AGREEMENT
The Multi-Agency Communications Center hassuggested changes totheinter-local agreement with the city.
Authorization was requested for the CityManagerto signthe amended agreement.
Joseph K.Gavinski,City Manager,stated that the changes provide for theCity ofMoses Lake tohave aseat
on the board of the Multi-Agency Communications Center.
Action Taken:Mr.Porter movedthatthe City Manager be authorized tosigntheagreement,seconded byMr.
Tracy, and passed unanimously.
,'DRAFT COMPREHENSIVE PLAN //?£&"
^""^The Planning Commission has completed their review of the Draft Comprehensive Plan.The Commission
has recommended thatthe Draft Comprehensive Plan with specified changes be adopted.The Draft Plan
contains themandatory elementspursuant toRCW36.70A.070 and reasonably meetsthe public participation
requirements noted in RCW 36.70A.035.
Mervin Dexter,owner of property at the cornerof E.Broadway and Highway 17, which he is leasing to
Irrigators,Inc.,wouldlikeitto remaininthe industrial designation.
Gilbert Alvarado,CommunityDevelopment Director,statedthatletterswere sent to property ownerswhich
maybe affected byproposed land use changes.The area Mr.Dexter is talking abouthasbeen designated
as an industrial land use. He mentioned that the Findingsof Fact have not yet been finalized forCouncil
approval.He pointed outthatthechanges recommended bythe Planning Commission havebeen placed at
the front of the document so the Council can see those immediately.
There was somediscussion and the Council decided to review thedraft planand makea determination at the
next meeting as to the next step.
ASPI/UCHIDA/GATEWAY ESTATES ANNEXATION -FIRE PROTECTION
The city adoptedanordinance on May 8,2001 which annexed property commonlyknown asthe"ASPI/Uchida
Annexation". The annexation also took inthe Gateway Estates area.The ordinance became effective on
May 21,2001.Grant County Fire District #5 will continue to collect taxes inthisarea until the end of2002.
Bystate lawthe Council can require GrantCounty Fire District #5 to continue to providefire protection and
suppression services until the citybegins receiving the taxes from this area.Direction was requested from
Council on whether or not to requireGrant County Fire District #5 to continue to provide fire protectionand
suppression services for this area.
ActionTaken:Mr.Tracy moved that GrantCounty Fire District #5 be requiredto provide fire protectionand
suppression services forthe "ASPI/Uchida/Gateway Estates Annexation"until the city begins receivingtheijtaxesfromthisarea,seconded by Mr.Reese,and passed unanimously.
SOROPTIMIST INTERNATIONAL -SELF-HELP FUNDS
Soroptimist International is requesting $10,000 from the Self-Help Fund to reconstruct three entrance signs
to the Cityof Moses Lake.Staff has reviewed the request and has no objections to the project.
Judy Warnick, representing Soroptimist, stated that the signs have been a projectof the club forabout 25
years and itis now time to up-date the existing signs.
There was some discussion and itwas pointed out that if the Self-Help Funds are used,the project must be
completed by December 31,2001.
Action Taken:Dr.Covey moved that Soroptimist International be given $10,000 from the Self-Help Fundto
reconstruct three entrance signs for the City of Moses Lake,seconded by Mr.Porter, and passed unani
mously.
DRIVEWAY VARIANCE -JACK IN THE BOX
Jack in the Boxis requesting a variance ofthe driveway standards in order to construct a driveway within 5'
of an interior lot line at their site at Five Corners.The intent is to locate the driveway as far back from the
intersectionas possible.The twodriveways will have islandsto restrictleftturns inand outon Wheeler Road
and left turns onto Fifth Avenue.
Gary Harer,Municipal Services Director,stated thatupon reviewing the proposedJack inthe Boxrestaurant
at Five Corners,staff was concerned about the accesses because they are so close to Five Corners.On
Wheeler Road only righthand turns will be allowed forboth ingress and egress.On Fifth Avenuethe access
was moved nearer to the propertyline in orderto minimize conflicts with trafficat the intersection of Fifth
Avenue and ElderStreet.Itwas agreed that rightand leftturns intothe site will be allowed butonlyrightturns
out of the site. Traffic will be directed by the use of islands in the center of the driveways.Signage will be
provided on site concerning the rightturn only requirements.
u ActionTaken:Dr.Covey moved thatthe variancerequest be approved,seconded by Mr.Tracy,and passed
unanimously.
CONCESSIONAIRES LICENSE
The Parks and Recreation Department has proposed a license to be used by concessionaires operating in
the city's parks.
JimWhitaker, CityAttorney, stated that this license would allowconcessionaires to sell at events inthe city's
parks.
Joseph K.Gavinski, CityManager,stated thatthe cityhas triedto encourage non-profitgroups to providethis
type of service at events inthe parks butitis difficult to keep them interested. So the cityis lookingto private
enterprise to provide this service.Itwas feltthat a more formal agreementwas needed forthe profitmaking
groups than the non-profit groups.
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CITY COUNCIL MINUTES:6 May 22,2001
Action Taken:Mr.Reese moved that the Concessionaires License be approved,seconded by Mr.Porter,and
passed unanimously.
X.PUBLIC QUESTIONS AND COMMENTS -None
XI.COUNCIL QUESTIONS AND COMMENTS -None
XII.CITY MANAGER REPORTS AND COMMENTS
AGCCT MEETING
Joseph K.Gavinski,City Manager,reported that the AGCCT meeting scheduled for May 31 in Coulee City
has been cancelled.
YONEZAWA BOULEVARD
Joseph K.Gavinski,City Manager,stated that Yonezawa Boulevard will be open by June 1,2001.
WHEELER ROAD ANNEXATION -FIRE ASSETS
Joseph K.Gavinski, City Manager,reported that the city and Grant County Fire District #5 met in arbitration
and after a day and a half of testimony,the Board decided the city had established an increase in its fire
protection responsibility.Therefore,there is a corresponding reduction on the part of Grant County Fire
District #5.The meeting was adjourned for 45 days to allow the District and the city to get together and
determine the asset distribution.
I-695
Joseph K.Gavinski,City Manager,distributed information received from theAssociation ofWashington Cities
concerning funds the city will receive from the state as a result of the I-695 Backfill.
SUN DAZE
Mr.Pearce stated that the Council had been given the listof events for the June 16, 2001 Sun Daze festival
sponsored by the Moses Lake Business Association.
The regular meeting was recessed at 10 p.m.and the Council met in an executive session to discuss real
estate and arbitration withGrant County Fire District#5. The executive session was adjourned at 10:40 p.m.
and the regular meeting was reconvened. The regular meeting was adjourj:
ATTEST:Mayor
Ekfance Director
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE LAKELAND ADDITION
III PRELIMINARY MAJOR PLAT
FINDINGS OF FACT,CONCLUSIONS,AND DE
CISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date.A public hearing was heldupon proper noticebeforethe Commissionon April 26,2001.
1.2 Proponent. Lakeland Development is the proponent of this plat.
1.3 Purpose.The proponent has submitteda plat for property which is legally describeduponthe
plat.City staff has confirmed the property described onthe plat isthe property submitted for
platting.
1.4 Evidence.The Commission considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C.Written comments from various parties.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upon the evidence presented to them,the Commission makes the following findings of fact:
2.1 The proponent is the owner of the property.
2.2 The property is currently zoned R-1,Single Family Residential.
2.3 There were no negative comments from the public.
2.4 The project is consistent with adjacent development.
2.5 The development is consistent with the Comprehensive Plan.
2.6 The construction of the cul-de-sacs at this time would place an unnecessary hardship on the
developer inthat extension of the streets are proposed inthe near future.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
Fromthe foregoing findings of fact the Commission makes the following conclusions:
3.1 The Planning Commission ofthe Cityof Moses Lakeis vested withthe authority to recommend
to the CityCouncil the advisabilityof approving a plat.
3.2 The platis properly before the Commission forits recommendation.
3.3 It is proper at thistime for the Planning Commission to make a recommendationon this plat.
3.4 Itis inthe best interests and welfare of the city's citizens to platthe propertyas proposed.
4.RECOMMENDATION OF THE PLANNING COMMISSION.
Onthe basis ofthe foregoing findings of factandconclusions,itisthe recommendationofthe Planning
Commission of the City of Moses Laketo the City Council of the Cityof Moses Lakethatthe plat be
approved.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date.A public meetingwas heldupon proper noticebeforethe Council on May 22,2001.
5.2 Proponent.Lakeland Development is the proponent of this plat.
5.3 Purpose. The proponenthas submitted a preliminary platforproperty legally described upon
the plat.City staffhas confirmed the property described on the plat isthe property submitted
for platting.
5.4 Evidence.The Council considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C.Written comments from various parties.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
No further evidence was presented to the CityCouncil.The CityCouncil adopts those findings of fact
made previously by the Planning Commission as its own.
7.FURTHER CONCLUSIONS BY THE CITY COUNCIL.
From the foregoing findings of fact the 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 preliminary plat.
7.2 The plat is properly before the Council for its decision.
7.3 Itis properat this time forthe City Council to make a decision on this preliminary plat.
8.DECISION.
The City Council ofthe City of Moses Lakeagrees with the recommendationofthe Planning Commis
sion and approves the preliminary plat.
Dated: May 22, 2001
Richard PearceTMayor
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE CRESTVIEW CHRIS
TIAN SCHOOL PRELIMINARY MAJOR PLAT
FINDINGS OF FACT,CONCLUSIONS,AND DE
CISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date.A public hearing was heldupon proper noticebeforetheCommissiononMarch 29,2001.
1.2 Proponent.The UpperColumbia MissionSociety of Seventh Day Adventists is1 the proponent
of this plat.
1.3 Purpose.The proponent has submitted a platforpropertywhich is legally described upon the
plat.City staff has confirmed the property describedon the plat isthe property submitted for
platting.
1.4 Evidence.The Commission considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C.Written comments from various parties.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upon the evidence presented to them, the Commission makes the following findingsof fact:
2.1 The proponent is the ownerof the property.
2.2 The property is currently zoned R-1,Single Family Residential.
2.3 A school is allowed as a conditional use in the R-1 Zone.
2.4 The variance was approved as the street is inthe county and there is no immediate need for
improvements.
2.5 Conditions were placed on the variance to providefornormal developer improvements at such
time as the street may become part of the city.
2.5 The requirementforacovenant for theimprovements ata future dateisconsistentwithprevious
PlanningCommission decisions ingrantingvariances.
2.6 There were no negative comments from the public.
2.7 The development is in the public interest.
2.8 Itis likelythe bicycle path will need to be replaced inthe near future.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of factthe Commission makes the following conclusions:
3.1 The Planning Commissionofthe City ofMoses Lakeisvested with the authority torecommend
to the City Council the advisabilityof approving a plat.
3.2 The platis properly before the Commission forits recommendation.
3.3 It is proper atthistime for the Planning Commissionto make a recommendation on this plat.
3.4 Itis inthe best interests and welfare of the city's citizens to platthe propertyas proposed.
4.RECOMMENDATION OF THE PLANNING COMMISSION.
Onthe basisofthe foregoing findings of factandconclusions,itisthe recommendationofthe Planning
Commission of the City of Moses Laketo the CityCouncil ofthe Cityof Moses Lakethatthe plat be
approved.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date. A public meeting was held upon propernotice before the Council on May22,2001.
5.2 Proponent.The Upper Columbia Mission Society of Seventh Day Adventists is the proponent
of this plat.
5.3 Purpose.The proponent has submitted a preliminary plat for property legally described upon
the plat. City staff has confirmed the property described on the plat is the property submitted
for platting.
5.4 Evidence.The Council considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.f )
C.Written comments from various parties.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
No furtherevidence was presented to the CityCouncil.The CityCouncil adopts those findings of fact
made previously by the Planning Commission as its own.
7.FURTHER CONCLUSIONS BY THE CITY COUNCIL.
Fromthe foregoing findingsof factthe Council makes the following conclusions:
7.1 The City Council ofthe City of Moses Lakeisvested with the authority to make a decision on
a preliminary plat.
7.2 The platis properly before the Council for its decision.
7.3 It is proper atthistime for the City Council tomakea decision onthis preliminary plat.
8.DECISION.
TheCity Council oftheCity of Moses Lake agrees with therecommendation ofthe Planning Commis
sion and approves the preliminaryplat.
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Richard Pearce,Mayor
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE MAIERS PRELIMI
NARY MAJOR PLAT
FINDINGS OF FACT,CONCLUSIONS,AND DE
CISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A public hearingwas heldupon propernoticebefore the Commission on April 26,2001.
1.2 Proponent. Maiers Development Corporationis the proponent of this plat.
1.3 Purpose. The proponenthas submitted a platfor property whichis legally described uponthe
plat.Citystaff has confirmedthe property described on the platis the property submitted for
platting.
1.4 Evidence.The Commission considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C.Written comments from various parties.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upon the evidence presented to them, the Commission makes the following findings of fact:
2.1 The proponent is the owner of the property.
2.2 The property is currently zoned C-2,General Commercial and Business.
2.3 There were no negative comments from the public.
2.4 The project is consistent with adjacent development.
2.5 The development is consistent with the Comprehensive Plan.
2.6 The construction of Clover Drive at this time would place an unnecessary hardship on the
developer inthat relation of Clover Driveinthe future is a possibility.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
Fromthe foregoing findingsof fact the Commission makes the following conclusions:
3.1 The PlanningCommission ofthe Cityof Moses Lake is vested withthe authorityto recommend
to the CityCouncilthe advisabilityof approving a plat.
3.2 The platis properlybefore the Commission forits recommendation.
3.3 It is properatthis time forthe Planning Commission to make a recommendation on this plat.
3.4 Itis inthe best interests and welfare of the city's citizens to platthe propertyas proposed.
4.RECOMMENDATION OF THE PLANNING COMMISSION.
Onthe basis ofthe foregoing findings offactandconclusions,itisthe recommendationofthe Planning
Commission of the Cityof Moses Lake to the City Council of the Cityof Moses Lakethat the platbe
approved.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date.A public meeting was held upon propernotice before the Council on May22,2001.
5.2 Proponent. Maiers Development Corporationis the proponent of this plat.
5.3 Purpose. The proponenthas submitted a preliminary platfor property legally described upon
the plat.Citystaff has confirmedthe property described on the platisthe property submitted
for platting.
5.4 Evidence.The Council considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C.Written comments from various parties.
FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
No further evidence was presented to the CityCouncil.The CityCouncil adopts those findings of fact
made previously by the Planning Commission as its own.
FURTHER CONCLUSIONS BY THE CITY COUNCIL.
Fromthe foregoing findings of fact the Council makes the following conclusions:
7.1 The CityCouncil of the Cityof Moses Lake is vested withthe authorityto make a decision on
a preliminary plat.
7.2 The platis properly before the Council for its decision.
7.3 Itis properat thistime for the City Council to make a decision on this preliminary plat.
DECISION.
The City Council ofthe City of Moses Lake agreeswith the recommendation ofthe Planning Commis
sion and approves the preliminary plat.
Richard Pearce,Mayor
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE ZONING FOR GATE
WAY ESTATES DIVISIONS 1 AND 2
NO.ZC 01-1
FINDINGS OF FACT,CONCLUSIONS,AND DE
CISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date.A public hearing was held upon proper noticebeforethe Commission on April 12,
2001.
1.2 Proponent. The Cityof Moses Lake isthe proponent of this zone change.
1.3 Purpose. The proponent has requested a zone change of property legally described as
follows fromAgricultureto R-2, Single Family and Two Family Residential.
Gateway Estates Division 1 and Gateway Estates Division 2
1.4 Evidence.The Commission considered the following materials in reaching its decision.
A.The request by the proponent for the zone change.
B.Comments from the public.
2.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 platted.
2.2 The zone change is consistent with the Comprehensive Plan.
2.3 The zone change is in the public interest and will benefitthe public welfare.
2.4 The R-2 Zoning is consistentwith the existing housing in the area being rezoned.
2.5 The R-2 Zoning willcause the least disruption to the citizens livingin the area.
2.6 The area abuts an R-3 zone.
2.7 There were no negative comments concerning the R-2 zoning.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
Fromthe foregoing findings of fact the Commission made the following conclusions:
3.1 The Planning Commission of the Cityof Moses Lake is vested withthe authorityto recom
mend to the CityCouncil the advisabilityof the proposed change inzoning.
3.2 The rezone request of the proponent is properlybefore the Commission forits recommen
dation.
3.3 Itis proper at this time forthe Planning Commission to make a recommendation on this
rezone request.
3.5 Itis inthe bestinterests and welfare of the city'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 ofthe CityofMoses Laketothe CityCouncil ofthe Cityof Moses Lakethatthe
request fora rezone of this propertybe granted.
5.FURTHER HEARING BEFORE THE CITY COUNCIL
5.1 Date. A publichearing washeld upon propernotice before the CityCouncilon May 22,2001.
5.2 Proponent.The City of Moses Lake is the proponent of this rezone.
5.3 Purpose.The City Council considered the request fora 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.Comments from the public.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL
No further evidencewas presented to the CityCouncil.The CityCouncil adopts those findings of fact ._.
made previously by the Planning Commission as its own.f)
7.FURTHER CONCLUSIONS OF THE CITY COUNCIL.
From the foregoing findings of fact the City Council makes the following conclusions:
7.1 The CityCouncil ofthe Cityof Moses Lake is vested withthe authorityto 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 properat this time forthe CityCouncilto 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
Commission and grants the zone change request.
iated:May 22, 2001
RichardPearce,Mayor
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE WAL-MART STORES
ADDITION #2 FINAL PLAT
FINDINGS OF FACT,CONCLUSIONS,AND DE
CISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date.A public meeting was held upon proper notice beforethe Commission on May 10,2001.
1.2 Proponent. Wal-Mart Real Estate Business Trust is the proponent of this plat.
1.3 Purpose.The proponent has submitted a plat for property which is legally described upon the
plat.City staffhas confirmed the property described onthe plat isthe property submitted for
platting.
1.4 Evidence. The Commission considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C.Written comments from various parties.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upon the evidence presented to them,the Commission makes the following findings of fact:
2.1 The proponent is the owner of the property.
2.2 The property is currently zoned C-2,General Commercial and Business.
2.3 The plat is in the public interest.
2.4 The development is consistent with existing development in the area.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of fact the Commission makes the following conclusions:
3.1 The Planning Commission of the City ofMoses Lakeis vested with the authority to recommend
to the City Council the advisability of approving a plat.
3.2 The plat is properly before the Commission for its recommendation.
3.3 Itis proper at this time for the Planning Commission to make a recommendation on this plat.
3.4 Itis in the best interests and welfare of the city's citizens to plat the property as proposed.
4.RECOMMENDATION OF THE PLANNING COMMISSION.
On the basisofthe foregoing findings offact and conclusions,itis the recommendation of the Planning
Commission of the City of Moses Lake to the City Council of the City of Moses Lake that the plat be
approved.
5.FURTHER HEARING BEFORE THE CITY COUNCIL
5.1 Date. A public meeting was held upon proper notice before the Council on May 22,2001.
5.2 Proponent.Wal-Mart Real Estate Business Trust is the proponent of this plat.
5.3 Purpose.The proponent has submitted a final plat for property legally described upon the plat.
Citystaff has confirmed the property described on the platis the property submitted for platting.
5.4 Evidence.The Council considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C.Written comments from various parties.
FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
No further evidencewas presented to the CityCouncil.The CityCouncil adopts those findings of fact
made previously by the Planning Commission as its own.
FURTHER CONCLUSIONS BY THE CITY COUNCIL.
From the foregoing findings of fact the 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 final plat.^-*
7.2 The plat is properly before the Council for its decision.
7.3 Itis proper at this time forthe City Council to make a decision on this final plat.
DECISION.
The CityCouncil of the Cityof Moses Lake agrees with the recommendation ofthe Planning Commis
sion and approves the final plat.
Dated: May 22, 2001
Richard Pearce,Mayor
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