1991 04 234523
CITY COUNCIL
CITY OF MOSES LAKE
April23,1991
Members Present:Wayne Rimple,DavidChandler,JoAn Brown,Bill Reese,Charles Edwards, Norm
Johnson,and Roger Biallas
MINUTES:Mrs.Brown moved that the minutes of the meeting of April 9 be approved as submitted,
seconded by Mr.Edwards, and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
^_J Action Taken:Mr.Chandler moved that the bills,checks,andprepaid claims issued beapproved,seconded
by Mr.Edwards, and passed with Mr.Biallas abstaining from voting for that portion of the billsto A &H
Printers and Mr.Rimpleabstaining fromvoting forthat portionofthe bills to Moses Lake Steel Supply and
Faber Industrial Supply.
Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and those expense
reimbursement claims certified as required by RCW 42.24.090,have been recorded on a listing which has
been made available to the City Council.
Claims:The vouchers included on the below listas modifiedby the Council and noted upon said listfor
the Council meeting of April 23,1991 forthe funds listed beloware approved in the amount of $187,390.32.
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GENERAL FUND $24,896.08
STREET 21,087.65
EQUIPMENT LEASES 902.18
PWTF CONSTRUCTION 600.00
WATER/SEWER FUND 22,355.61
WATER/SEWER CONSTRUCTION 111.02
W/S LEASES 811.24
STATEWATER POL D/S 44,952.00
SANITATION FUND 16,004.36
SELF-INSURANCE 23,997.70
CENTRAL SERVICES 13,447.30
BUILDING MAINTENANCE 5,740.60
EQUIPMENT RENTAL 10,156.11
DEPOSIT 2.328.47
TOTAL $187,390.32
Prepaid Claims:Prepaid claims approved by the City Manager according to the process established by
Moses Lake Municipal Code 3.42.030 and the internalcontrol policy approved bythe CityCouncil have been
recorded on a listing which has been made available to the City Council.The claims listed below are
approved in the amount of $277,321.85 for all funds.
GENERAL FUND $270.00
STREET 150,000.00
STREET REPR/RECON 117,500.00
WATER/SEWER FUND 535.00
WATER/SEWER CONSTRUCTION 8,278.58
CENTRAL SERVICES 71.50
DEPOSIT 666.77
TOTAL $277,321.85
Checks:Checks 26896 through 27138 issued on April 10,1991 were approved for payment at the Council
meeting held on April 23,1991 in the total amount of $575,926.58.
Payroll:The payroll issued on April 12,1991 having been approved pursuant to the ruleof the City Council
set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 69409 through 69546 in the amount
of $150,639.66.
PROCLAMATION
The proclamation declaring the week of May 5 to 11,1991 as Nurse Appreciation Week was read in its '
entirety.
I.CITIZEN INPUT
MISS MOSES LAKE FOR 1991
Linda Bishop introduced the 1991 Miss Greater Moses Lake Lisa Rust and the first runner up,Kami Turner.//o&
II.EMPLOYEE PRESENTATIONS -None
III.CONSENT AGENDA -None
IV.CONSIDERATION OF BIDS -None
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CITY COUNCIL MINUTES: 2 April 23, 1991
V.PETITIONS.COMMUNICATIONS.OR PUBUC HEARINGS
f\RESOLUTION -BUILD ON UNPLATTED PROPERTY -KBSN RADIO
A resolution was presentedwhichallowsKBSN/KDRM radio station to erect transmission towers on Marsh
Island,which is unplatted property, to replace the towers that were blown over.
Council discussed the process to allowthe radio stationto build on unplatted propertyand considered
whether or not it should be reviewed bythe Planning Commission.
Joseph K.Gavinski,City Manager,stated that the city is only concerned with the platting issues which
involve traffic circulation,extension of utilities,etc.
The resolution allowing KBSN/KDRM to buildon unplatted propertywas read by titleonly.
ActionTaken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Johnson,and passed with
Mr.Chandler and Mrs. Brown opposed.
ORDINANCE -BOYDEN ZONE CHANGE -PUBUC HEARING AND FIRST READING
Rich Boyden is requesting a zone change of Battery Orchard Tract 56, less Municipal Tract 6, from R-1,
Single Family Residential, to R-2, Single Family and Two Family Residential. The Planning Commission
recommended to the Council that the zone change request be denied as it was felt to be an infringement
intothe R-1 zone,there was some opposition from the neighbors, and there are a number of empty spaces
in the existing park.
The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only.
Ron Baker,representing the developer,stated that the development would be landscaped and sight
obscured.On the south side honey locust trees and evergreens could be planted to screen the existing
residence from the park.In the 25'front set back itis planned to plantlow shrubs and small trees.On the
east side trees could also be planted on the outside of the proposed 6' high fence surrounding the project.
He pointed out that after Mr.Boyden purchased this mobile home park from the original owner he greatly
improved its appearance.
The public hearing was opened.-„
Bob Schlaefli,4101 Peninsula Drive,pointed out that the PlanningCommission recommended that the zone
change not be granted. He was concerned that an approval of one zone change would make itdifficultto
deny an adjoining request for a zone change.He presented a petition with 62 names of people on the
peninsula opposed to this zone change.
Andrea Mortier,4103 Peninsula,stated that she purchased her property because it was R-1 and she saw
no advantage to changing a 20 acre parcel from R-1 to R-2.
Betty Dart,4211 Peninsula,stated that she was opposed to this proposed zone change.
Bill Ecret, 4325 Peninsula,stated that he is opposed to the zone change.
Bruce O'Dell,3319 Peninsula,stated that he is directly adjacent to the proposed mobile home parkand he
is opposed to it.
Mr.Johnson moved thatthe publichearingbe closed,seconded by Mr.Chandler,and passed unanimously.
Mrs. Brown felt that the request should be denied and the area should remain R-1.
Mr.Biallasalso felt the request should be denied because of the opposition of the property owners.Mr.
Boyden purchased the property as R-1 and he felt the amount of R-1 property in the city limits is limited.
Action Taken:Mr.Johnson moved that the zone change request be denied, and the Findingsof Fact be x-n
accepted,seconded by Mr.Biallas,and passed unanimously.
VI.ORDINANCES AND RESOLUTIONS
\\ORDINANCE -SAMMONS FRANCHISE -1ST READING
An ordinance was presented which grants a franchise, expiring on December 31,2001,to Sammons
Communications and repealsthe ordinance previously adopted granting a one year franchise.
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CITY COUNCIL MINUTES:3 April 23,1991
The ordinance repealing Cityof Moses Lake Ordinance No.1458 and granting a franchise to Sammons
Communications ofWashington,Inc.,a Delaware Corporation,itssuccessorsorassigns,toownandoperate
and maintain a cable television system in the City of Moses Lake,State of Washington,setting forth
conditions accompanying the grant of franchise;and providing for the regulation and use of said system
was read by title only.
Action Taken:Mr.Reese moved thatthe first reading of the ordinance be adopted,seconded by Mr.
Johnson,and passed unanimously.
^J RESOLUTION -ACCEPT GIFTS -JAL AND JAL EMPLOYEES
A resolution was presented which accepts $2,000 from Japan Air Lines and $500 from Japan Air Lines
employees in Moses Lake.
The resolution acceptinga cash gift of $2,000 from Japan Air Lines anda cash gift of $500 from the Japan
AirLines employees in Moses Lakewas read by titleonly.
Action Taken:Mr.Johnson moved thatthe resolution adopted,seconded by Mr.Chandler,and passed
unanimously.
RESOLUTION -ACCEPT GIFT -VALLEY AUTO CO.
A resolution was presented which accepts $50 from ValleyAuto Company,Inc.
The resolution accepting a donation to the Moses Lake Police DARE Program was read by title only.
Action Taken:Mrs.Brown movedthatthe resolution be adopted,seconded by Mr.Chandler,and passed
unanimously.
RESOLUTION -BUILD ON UNPLATTED PROPERTY -WILSON
Doris Wilsonrequested a variance inorderto build a home on unplatted property located on Lots50 and
51 of Crestline Addition on SkylineDrive.The property ownersoneach sideofthetwo lotshave purchased
20'of each lot, making both lots unbuildable.The combining of the remainder of Lots 50 and 51 would
.providesufficient space to build,but itwill be necessary to get permission fromthe Councilto buildon what
L/is considered unplatted property.
The resolution allowing Steve and Doris Wilsonto buildon unplatted propertywas read by title only.
Action Taken:Mrs.Brown moved that the resolution be adopted,seconded by Mr.Reese, and passed
unanimously.
VII.REQUESTS TO CALL FOR BIDS -None
VIII.REFERRALS FROM COMMISSIONS
MOSES LAKE TRAVEL PLAZA PLAT
Patrick Molitor has submitted the Moses Lake Travel Plaza major subdivision located at the intersection of
Kittleson Road and Highway 17.The area is zoned C-2,General Commercial and Business,and will be
served with city water and sanitary sewer.Sewer and water mains are present in the right-of-way of
Kittleson Road but extensions will be required to serve Lots 2 and 3.Dedication of Kittleson Road will be
required through the plat and must be improved to the end of the plat.Sidewalk must be constructed on
the south side of Kittleson Road adjacent to the plat. Vacation of Kittleson Road through Lot 1 will be
required along with an easement for existing utilities.
Action Taken:Mr.Biallas moved that the preliminary plat be approved and the Findings of Fact be
accepted,seconded by Mr.Chandler, and passed unanimously.
^INTENT TO ANNEX -DEPT.OF NATURAL RESOURCES
I J /OS'S-s—'TheWashington State Department of Natural Resources hassubmitted a petition for annexation ofa piece
of property along Marina Drive consisting of a small island approximately 5 acres in size and lake bed.
During low water this property is accessible to hunters which have endangered nearby property owners.
By annexing this property the city would prohibit hunting in this area.The Planning Commission
recommended that the Notice of Intentto Annex be accepted and the area be zoned Publicabove the 1,050'
elevation and Conservation Reclamation below the 1,050'elevation.
Action Taken:Mr.Biallas moved that the Notice of Intent to Annex be accepted,the zoning
recommendationfrom the Commissionbeaccepted, andexistingcityindebtedness beassumed, seconded
by Mr.Edwards,and passed unanimously.
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CITY COUNCIL MINUTES:4 April 23,1991
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
AIRPORT AGREEMENT -DENT
)^Thomas Dent,d/b/a Tom Dent Aviation,has requested acontingent lease for commercial lots 12,13,and
14atthe Municipal Airport.Mr.Denthasa leasewithHansenAirwestforthese lotsthrough March 31,1992.
This contingent lease would become effective inthe event the lease between the city and Hansen Airwest
is in default or is terminated.
Mr.Dent stated that he would liketo have a 50 year lease since he is going to invest in a building.(]
There was some discussion by Council and it was pointed out that the contingent agreement with the
Mosquito Control Districtis for 30 years.
There was some discussion by the Council.
Action Taken:Mr.Chandler moved that the City Manager be authorized to sign the 30 year contingent
agreement,to expire on April 1, 2021, with Tom Dent Aviation,seconded by Mr.Johnson,and passed
unanimously.
GARBAGE COLLECTION RATES
Information was presented to Council with regard to increases in the solid waste collection rates.
There was considerable discussion by the Council on the rate increases.
Action Taken:Mr.Johnson moved that residential and commercial rates be increased 10%and drop box
rates be increased 20%,seconded by Mr.Reese,and passed unanimously.
ICE SKATING RINK/CASCADE DRAIN FIELD FINANCING
Information on financing a portable ice skating rink for the city was presented.The cost can be added to
the city's lease purchase agreement for 1991 and paid for over a five year period.Staff also recommended
that the cost of installinga septic tank drain fieldin Cascade Parkbe paid forout of the capital improvement
fund rather than reducing other expenditures in the Park and Recreation Department's budget.
ActionTaken:Mr.Chandler moved that the lease/purchase agreement beamended to include the purchase
of a portable ice skating rink and that funds for the septic tank drain field in Cascade Park be taken from
the capital improvement fund,seconded by Mr.Reese,and passed unanimously.
DARE GRANT
Fred Haynes,Police Chief,requested permission to apply for a grant from the St. Martin's Church for the
DARE program.
ActionTaken:Mr.Chandlermoved that permission be grantedto the PoliceChiefto apply forthe grant,
seconded by Mr.Reese,and passed unanimously.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
AWC CONVENTION
Joseph K.Gavinski,CityManager,mentioned thatthere isan AWCConvention in Spokane on June 18-21.
Any Council member interested inattending should contact Margaret Perez.
KNOLLS VISTA RESTROOMS
Joseph K.Gavinski,CityManager,statedthat,usingthe neighborhood self-help statutes,lettershave been
sent and the city is waiting for any response.
DOWNTOWN DECORATIVE LIGHTING
Joseph K.Gavinski,City Manager,stated that the PUD will probably establish rates for the downtown
decorative lighting by May 1,1991.
,x(\ALDER FILL/STRATFORD ROAD
Joseph K.Gavinski,City Manager,reported that the Alder Street Fill/Stratford Road project is about 85%
complete.
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CITY COUNCIL MINUTES:5 April 23, 1991
SKATEBOARDING.ROLLER SKATING.AND SCOOTERING ORDINANCE
Joseph K.Gavinski,City Manager,stated that city staff will be posting the tennis courts,stage at the
Amphitheater,and the embankment at the Alder Street Fill for no skateboarding,roller skating, and
scootering. He mentioned that an amendment to the ordinance will be presented at the next meeting to
include bicycles in this ordinance.
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SWIMMING POOL
Joseph K.Gavinski,City Manager,stated that the Parks and Recreation Director is making contacts with /OOO
regard to alternatives to the proposed covered swimming pool. Further reports will follow.
SALES TAX/TRANSIENT RENTAL INCOME
Joseph K.Gavinski CityManager,stated that the citywill receive $118,588.75 for February 1991 insales tax
and $5,318.66 in transient rental income for March 1991.
INVESTMENT REPORT
The investment report for March 1991 was distributed.
The regular meeting was recessed at 10:30 p.m.and the Council met in an executive session to discuss
pending litigation.The executive session was adjourned at 10:45 p.m. and the regular meeting was
reconvened.The regular meeting was adjourned at 10:45 p.m.
ATTEST:
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE ZONE CHANGE )NO.ZC 91-1
REQUEST BY RICHARD BOYDEN )
)FINDINGS OF FACT,CONCLUSIONS,
)AND DECISION
(^1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date.A public hearing was held upon proper notice before the
Commission on February 28,1991.
1.2 Proponent.Richard Boyden is the proponent of this zone change.
1.3 Purpose.The proponent has requested a zone change of property
legally described as Battery Orchard Tract 56 from R-1,Single
Family Residential,to R-2,Single Family and Two Family Residen
tial.
1.4 Evidence.The Commission considered the following materials in
reaching its decision.
A.The application of the proponent for the zone change.
B.Testimony from the proponent.
C.Oral 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:
{\_J 2.1 The proponent is the owner of property legally described above.
2.2 The property is platted.
2.3 Adverse comments from the adjoining property owners.
3.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 recommend to the City Council the advisability of the
proposed change in zoning.
3.2 The rezone request of the proponent is properly before the Commis
sion for its recommendation.
3.3 It is proper at this time for the Planning Commission to make a
recommendation on this rezone request.
3.4 The Planning Commission declared this rezone,if granted,to have a
non-significant adverse impact on the environment on February 28,
1991.Therefore,there should be no undesirable environmental
,problems created.
^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 for a rezone of
this property from R-1 to R-2 be denied.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date.A public hearing was held upon proper notice before the City
Council on April 23,1991.
5.2 Proponent.Richard Boyden 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:fi
A.The application of the 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 evidence was presented to the City Council.The City Council
adopts those 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 It is proper at this time for the City Council to make a decision on ^^
this rezone request.fi
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:April
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