2002 10 22u
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5907
MOSES LAKE CITY COUNCIL
October 22,2002
Cduncil Present: Lee Blackwell,Larry Tracy, Brent Reese,Chris Blessing,Steve Shinn, Ron
Cc-vey,and Richard Pearce
MINUTES:Mr.Blessing moved that the minutes of the October 8 meeting be approved as
submitted,seconded by Mr.Tracy, and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
iiAction Taken:Mr.Pearce moved that the bills,checks,and prepaid claims issued be approved,
seconded by Mr.Tracy,and passed unanimously.
Vouchers audited and certified by the Finance Director as required by RCW42.24.080,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.
Claims:The vouchers included on the below list as modified by the Council and noted upon said
list for the Council meeting of October 22,2002 for the funds listed below are approved in the
amount of $669,252.80.
GENERAL FUND
TOURISM ACTIVITIESSTREET
EQUIPMENT LEASES
Gd)B 1993 REDEMPTION
P/fRK&REC IMPROVEMENTWfVTER/SEWER
VWS CONSTRUCTIONWITTER/SEWER LEASES
STATE WATER POL D/S
Prepaid Claims: Prepaid claims approved by the City Manageraccording to the processestablished
by[Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City
$42,732.50 SANITATION FUND 7,350.56
35.04 AIRPORT 77.59
6,278.87 AMBULANCE SERVICE FUND 5,958.88
4,96101 AMBULANCE DEBT SERVICE 558.85
1,418.04 SELF INSURANCE 46.00
'60,974.22 CENTRAL SERVICES 19,414.42
76,924.67 EQUIPMENT RENTAL 39,885.59
2,138.53 BUILDING MAINTENANCE 834,889.90
2,724.05 FIREMANS PENSION 64.25
40,602.09 TOTAL $1,147,035.06
Cquncil has been recorded on a listing which has been made available to the City Council.The
claims listed below are approved in the amount of $898.26 for all funds.
GENERAL FUND $604.26
BlJlLDING MAINTENANCE 294.00
TC)TAL $898.26
Claim Checks:Checks 16427 through 16612 issued on October9,2002 through October 17,2002
wefre approved for payment at the Council meeting held on October 2,2002 in the total amount of
$117,142.42.
Payroll:The payroll issued on October 11,2002 having been approved pursuant to the rule of the
City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 28576 through28J755inthetotalamountof$60,183.00.
EMPLOYEE PRESENTATIONS
Community Development Department:Sue Mahaney,Community Development DepartmentSecretary,was introduced tothe Council.
CONSENT AGENDA
Centennial AmphitheaterConcerts-Agreement:Authorization wasrequested for the City ManagertojsigntheagreementwithBurkeMarketingforthe2003summerconcertseries.
Resolution -Abandon Easement -Woodard:A resolution was presented which provides for theabandonmentofaneasementonLot9,Tullis Plat.
Resolution -Accept Donation - Smith: A resolution was presented which accepts $300 from L.
SrMh.The funds are to be used to purchase equipment for the Tactical Response Team.
Resolution -Accept Donation -PUD:A resolution was presented which accepts $300 from the
PUJD #2 of Grant County.
Resolution -Unclaimed Checks:A resolution was presented which cancels checks that have not
beten returned to the city.
Resolution -Vacate Juniper Drive:A resolution was presented which sets a publichearing before
th&Planning Commission for the vacation of a portion of Juniper Drive.
Accept_Work -2002Sewer Lining Project:PEC,Inc.has completed the work onthe 2002SewerLirjingProject.The work should be accepted and the 30 day lien period entered into.
ActionTaken:Mr.Blessing moved that the Consent Agenda be approved,seconded by Mr.Tracy,anjd passed unanimously.
CONSIDERATION OF BIDS -None
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CITY COUNCIL MINUTES October 22,2002
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
lG>b THREE PONDS/JAPANESE GARDEN -RESTROOMS
The Japanese Garden Committee requested the city use water and sewer funds and the 2%
hotel/motel funds to construct restrooms and the extension of water and sewer facilities to the
Japanese Garden site.
Larry Godden,Chairman ofthe Japanese GardenCommittee, stated thatthe ideaof a JapaneseGardenhasbeendiscussedforanumberofyears.He felt that theCouncil should now bethe lead
for the project. He presented a check for $30,000 and mentioned that the funds were donated by
Harry Masto Benevolent Fund, Hallmark Inn,Tama Chemicals,Moses Lake Industries, Boeing,/-"\
Japan AirLines.Exxon Mobile,Nancy Cook Jim Abrams,Howard and Karen Wagner,Lorraine ''
Hudson,Moses Lake Sister City Committee,Ted Endo,Dr.Leon Bodie, and Dr.Robert Mason.
Joseph K.Gavinski,City Manager,distributed information onthe cost ofdevelopingthe Japanese
Garden Project.There isabout$200,000in projects thatare currently unfunded.The $200,000
is the cost for the restrooms and water and sewer lines.The request is to use the 2%motel/hotel
funds and water/sewer funds for that construction.Ifthe Council approves the use ofthe funds,
the project could be completed next year,except for the garden itself.The garden itself is the
responsibility of the Japanese Garden Committee and may be a multi-year project because they
intend to use self-help funds.
There was some discussion by the Council.
Action Taken:Mr.Reese moved that the Japanese Garden Project be approved and that
water/sewer funds be used to construct the restrooms and the water/sewer lines and that the 2%
motel/hotel tax funds be looked at for usage if necessary,seconded by Mr.Pearce,and passed
unanimously.
ORDINANCES AND RESOLUTIONS
fO/O ORDINANCE -AMEND 2002 BUDGET -SINGLE READING
An ordinance was presented which amends the 2002 budget.
The ordinance amending the 2002 budget for the City of Moses Lake,Washington,was read by
title only.
Action Taken:Mr.Pearce moved that an emergency be declared and the ordinance adopted on
a single reading,seconded by Dr.Covey,and passed unanimously.
70/0 ORDINANCE - AMEND 2002 BUDGET - 2nd READING
An ordinance was presented which amends the 2002 budget.
The ordinance amending the 2002 budget for the City of Moses Lake,Washington,was read by
title only.
Action Taken:Dr.Covey moved that the ordinance be adopted on a single reading,seconded by
Mr.Tracy,and passed unanimously.
SO/ST ORDINANCE -WATER/SEWER CONNECTIONS - EAST BROADWAY
An ordinance was presented which establishes reimbursements for the water line constructed by
the city on East Broadway from approximately its intersection with Highway 17 to Road 4.
The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and
Sewer Connections"was read by title only.
Joseph K.Gavinski. City Manager,explained that the ordinance requires reimbursementwhen thepropertyissubdivided,or a request for a building permit isreceived,or upon request to connecttocitywater.He explained that some projects do not require reimbursements upon the requestforabuildingpermit.
Gerry McFaul,CityEngineer, explained thatthiswater linewas oversized butthe propertyowners
willnot be paying for the oversizing.What is included in the cost is the open cut across Highway
17.Thiswasexpensive because itnadtobedoneatnight.Also,Broadway isa four laneroad andforeachfirehydrantfourlaneshadtobecutandbecauseoftheunderlyingcalicheandtheextraasphalt,itwas anexpensive project.The cost came to about$54 perfootperside.
There wassomediscussion bythe Council.f~\
Doug Rathbone,8591 Road 11 NE,representing Bill and Joyce Rathbone,Tax #8917, objected
to having to pay a water reimbursement charge when applying fora building permit for something
such as a sign or fence.
Dwayne Mcintosh,Moses LakeVet Clinic,Tax#3407,also objected to having to pay for the water
line in order to obtain a building permit.
PaulCarpentierstated that they own about 10 parcels of property inthis project.He mentioned
that they did not want to be annexed to the city in the first place and they object to having to pay
for this water line in order to obtain a building permit.
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CITY COUNCIL MINUTES October 22,2002
Jim Liebrecht,Animal Crackers,Tax#8358and#8270, statedthat he alsoopposed the require
mentto payforawater lineuponthe application for a building permit,especially since there would
be no connection to the water line.
There was additional discussion by the Council and it was the consensus that the requirement topayforthereimbursementupontheapplicationforabuildingpermitshouldbeeliminatedandthat
the costs of crossing Highway 17 should be identifiedand reviewed for possible elimination from
the ordinance.Staff was also directed to notify the affected property owners.
ActionTaken:Mr.Tracy moved that the first readingofthe ordinance be tabled,seconded by Mr.
Blessing,and passed unanimously.
Mtf.Gavinski stated that staff will draft an ordinance which removes the requirement to pay the
water reimbursement upon application for a building permitor subdivision, identifythe costs tocrossHighway17anddraftanoptionordinancewhichremovesthosecosts,andnotify the affected
prbpertyowners.
ORDINANCES -PROPERTY TAX/TAX LEVY -1st READINGS
Ordinances were presented which fix the estimated amount the city is to received from property
taxes and sets the levy rate.
The ordinance fixing the estimated amount to be received formunicipal purposes from taxations
on'assessed valuationson propertywithin the Cityof Moses Lake,Washington for 2003was read
by!title only.
Joseph K.Gavinski, City Manager,stated that the estimated amount the city would receive from
taxes is $2,501,914.
The public hearing was opened.There were no comments.
Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Shinn,andpajssedunanimously.
Action Taken:Mr.Blessing moved that the first reading of the ordinance be adopted,secondedbyjDr.Covey,and passed unanimously.
The ordinance fixing the amount to be received formunicipal purposes from taxations on assessed
valuations on property within the City of Moses Lake,Washington for 2003was read by title only.
The public hearing was opened.There were no comments.
Action Taken:Mr.Blessing moved thatthe public hearing be closed,seconded by Mr.Reese,and
passed unanimously.
Action Taken:Mr.Shinn moved that the first reading of the ordinance be adopted,seconded byMi[.Tracy,and passed unanimously.
RESOLUTIONS -REFERENDUM 51 AND INITIATIVE 790
Resolutions were presented which endorse Referendum 51 and oppose Initiative 790.
The resolution of the City Council of the City of Moses Lake opposing Initiative 790 was read by
titlb only.
Action Taken:Mr.Shinn moved that the resolution be adopted,seconded by Mr.Tracy,andpajssedunanimously.
The resolution supporting state Referendum 51 was read by title only.
Mr;.Shinn stated that he was in favor of Referendum 51 because the increase in the gas tax will
he p fund the widening of Highway 17.
Mr.Pearce pointed out that the referendum is designed to build roads on the west side as the east
side will onlyget backabout80%ofthe funds contributed.The population onthe west side have
voted down other measuresto improve their roads and now they want the entire state to help fund
their road improvements.
No action was taken by the Council.
COMPREHENSIVE PLAN AMENDMENT 2002
The City of Moses Lake'sComprehensive Plan was adoptedon September 11,2001 in accordance
with the Growth Management Act.Updates to the Comprehensive Plan are to be considered no
more frequently than once a year so thatthe cumulative effects of the various proposals can be
evaluated. The cityhas receivedthe following requests to amend the Comprehensive Plan:
1.
2.
3.
4.
5.
National Frozen Foods -inclusion of property in the UGA
Russell Fode -inclusion of property in the UGA
Department of Natural Resources -inclusion of property in the UGA
Gene Bouma Development -site specific land use re-designation and re-zone
Transportation Element -inclusion of Yonezawa Boulevard from Highway 17 to Road L
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CITY COUNCIL MINUTES October 22,2002
The Grant County Board of County Commissioners considered and approved the inclusion of the
National Frozen Foods,Russell Fode,and Departmentof Natural Resources properties within the'
city's UGA.The Planning Commission recommendedthat these properties be included inthe city's
UGAwithan Industrial Land Use designation.
The Planning Commission also recommended that the Transportation Element be amended to
include the extension of Yonezawa Boulevard from Highway 1Y to Road Land thatthe Six YearTransportationImprovementProgramalso be updated.
The Planning Commission recommended that the Gene Bouma request to re-designate Lots 1 -
3 andthe west halfof Lot4 from LowDensityResidentialto High DensityResidentialbe denied.TheCommission also recommended that Mr.Bouma's request to rezone thesame properties from (\
R-1,Single Family Residential Zoning,to R-3,Multi-family Residential Zoning be denied.
Gilbert Alvarado,Community Development Director,stated that additional comments have beenreceived- a letter from the Office of Community Development,a letter from Larry Peterson
requesting a remandof the zone change to the Planning Commission,and a letterofopposition
to the re-designation from Harry Michel.
The resolution adopting the City of Moses Lake 2003 Comprehensive Plan amendment was read
by title only.
National Frozen Foods.Russell Fode.and Department of Transportation
Action Taken:Mr.Pearce moved that the request from National Frozen Foods,Russell Fode,and
Department of Natural Resources to include property within the city'sUGA be approved,seconded
by Mr.Reese.
Mr.Shinn felt that the property,owned by Mr.Fode is prime farm ground and should not be
included in the city's UGA.
The motion passed with Mr.Shinn opposed.
Gene Bouma -Re-Designation and Re-Zone
Mr.Blessing declared a conflict of interest and exited the room.
ActionTaken:Mr.Pearce moved that the request to re-designate Lots 1- 3 and the west halfof
Lot4 from Low Density Residential to High Density Residential not be granted,seconded by Mr.
Tracy.
Mr.Shinn stated that he had spoken with the Ragsdales and McFauls concerning this issue and (^\
they basically reiterated their public testimony.
The motion passed unanimously.
Transportation Element -Yonezawa Boulevard
Action Taken:Mr.Shinn moved that the extension of Yonezawa Boulevard from Highway 17 to
Road Lbe included inthe Comprehensive Plan,seconded by Mr.Tracy, and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION -None
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
/IS le SNOW CONTROL ON BROADWAY
Joseph K.Gavinski,City Manager,statedthatthe city met with the Department ofTransportation
DOT)onthe snow plowing on Broadway within the city's limits and informed the DOT thatthe city
feelsitisthe responsibility ofthe DOT totake careofsnowandice control.He informed the DOT
thatthe citydoes nothave adequate equipmentto handlethe snow on Broadway along with theotherpriorityroutes inthe city.He pointed out that the DOT has no standards to go by whendeterminingwhetherornotacityhasadequateequipmentforsnowplowingpurposes.Nothing ^^
further has been heard from DOT.()
//3^AMBULANCE REPORT
The September 2002 ambulance report was presented.
/Q30A BUILDING ACTIVITY REPORT
The September 2002 building activityreport was presented.
ALTERNATIVE HIGH SCHOOL -WATER SERVICE
Joseph K.Gavinski,City Manager,statedthatthe Bureau of Reclamation does notwantto sign
an Extra Territorial Utility Agreement for the provision of waterto the site of the alternative high*
school. The agreement proposedbythe Bureau simplystates thatthe citywill provide watertothe
site. The city,the school district,andthe Bureau ofReclamation are working onthe problem.
CITY COUNCIL MINUTES
QUARTERLY FINANCIAL REPORT
The third quarter financial report was distributed to the Council
The meeting was adjourned at 8:45 p.m.
ATTEST:layor
Finiance Director
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October 22,2002
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE ZONE CHANGE RE
QUEST FROM GENE BOUMA
NO.ZC 02-2
FINDINGS OF FACT,CONCLUSIONS,AND DE
CISION
1.
2.
3.
4.
5.
HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A public hearing was held upon proper notice before the Commission on September
12,2002.
1.2 Proponent.Gene Bouma Development,Inc. is the proponent of this zone change.
1.3 Purpose.The proponent has requested a zone change of property legally described as
follows from R-1,Single Family Residential,to R-3, Multi-family Residential:
Lot 1 - 3 and west half of Lot 4,West Addition
1.4 Evidence.The Commission considered the following materials in reaching its decision.
A.The application of the proponent for the zone change.
B.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 proponent is the purchaser of property legally described above.
2.2 The property is platted.
2.3 There was considerable public testimony against the land use re-designation/re-zone.
2.4 The proposed re-designation is too small.
2.5 The proposed re-designation does not address the needs of the entire platted area in the
vicinity of the property.
2.6 The city has adequate existing high density residential designated property.
CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of fact the Commission made the following conclusions:
3.1 The Planning Commission of the 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 It is note in the best interests and welfare of the city's citizens to rezone the property as
proposed.
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 Lake tothe CityCouncilofthe Cityof Moses Lake that the
request for a rezone of this property be denied.
FURTHER HEARING BEFORE THE CITY COUNCIL
5.1 Date. A public hearing was held upon proper notice before the CityCouncil on October 8,
2002.
5.2 Proponent.Gene Bouma Development,Inc. is the proponent of this zone change.
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. Written comments from the public.
D.Comments from the public.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
No further evidencewas presented to the CityCouncil.The CityCouncil 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 CityCouncil of the City of Moses Lake is vestedwith theauthorityto makea 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
Commission and denies the zone change request.
Dated:October 22,2002
Lee Blackwell,Mayor
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BEFORE THE PLANNING COMMISSION OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE PRELIMINARY PLAT
FORD&LFOUNDRY
FINDINGS OF FACT,CONCLUSIONS,AND DE
CISION
1.
2.
3.
4.
5.
HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A public meeting was held upon proper notice before the Commission on October 24,
2002.
1.2 Proponent.D &L Foundry , Inc. is the proponent of this plat.
1.3 Purpose. The proponent has submitted a platfor propertywhichis legally described upon the
plat.City staff has confirmed the property described on the platis the property submittedfor
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.
FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based uponthe evidence presented tothem, 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 Heavy Industrial.
2.3 Because of the size of the tract to be subdivided and the condition and nature of the adjoining
areas,the strict compliance with the provisions of this title would cause an unusual and
unnecessary hardship on the subdivider, so variances were granted.
2.4 Covenants have been required for the construction of the required improvements at a future
date.
2.5 Granting the variances does not change the ultimate development of the area.
2.6 There were no negative comments at the public hearing.
2.7 The project is in compliance with the Comprehensive Plan.
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 of Moses Lake is 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 It is 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.
RECOMMENDATION OF THE PLANNING COMMISSION.
On the basis of the foregoing findings offact and conclusions,itisthe 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.
FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date.A public meeting was held upon propernotice beforethe Council on November26,2002..
5.2 Proponent.D &L Foundry 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 propertydescribed 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.
C.Written comments from various parties.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL
No further evidence was presented to the City Council.The City Council adopts those findings of fact
made previously by the Planning Commission and adds the following:
6.1.The variance to the requirement to design and construct full width street improvements the
length of the Wheeler Road be granted with the stipulation that a covenant run with the land for
the improvements on the north side of Wheeler Road when required to do so by the city.The
sidewalk requirement to include the possibility of constructing an asphalt walkway or bike path
rather than a sidewalk,at the discretion of the Council.
6.2.The variance to defer the requirement to extend sewer be granted with the stipulation that a
covenant run with the land for the improvements in the future
6.3.The variance to the requirement to install street lights the length of the plat be granted with the
stipulation that a covenant run with the land for the improvements in the future
6.4.The variance to the requirementthat the side lot lines be within 20%of perpendicular to the front
property line be granted
6.5.The comments of the City Engineer be addressed.
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 final plat.
7.2 The plat is properly before the Council for its decision.
7.3 It is proper at this time for the City Council to make a decision on this final plat.
8.DECISION.
The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commis
sion and approves the final plat.
Dated:October 26,2002
Lee Blackwell,Mayor
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