1991 03 264515
CITY COUNCIL
CITY OF MOSES LAKE
March 26,1991
Members Present:Wayne Rimple,David Chandler,JoAn Brown,Bill Reese,Charles Edwards,and
Roger Biallas
Absent:Norm Johnson
MINUTES:Mr.Edwards moved that the minutes of the meeting of March 12 be approved as submitted,
seconded by Mr.Chandler,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
ActionTaken:Mr.Edwards moved that the bills,checks, and prepaid claims issued be approved,seconded
by Mrs.Brown,and passed with Mr.Rimple abstaining fromvotingforthe portion ofthe bills to Moses Lake
Steel Supply and Faber Industrial Supply.
Vouchersaudited and certified bythe Finance Director as required by RCW 42.24.080,and those expense
reimbursement claims certifiedas required by RCW 42.24.090, have been recorded on a listingwhich has
been made available to the City Council.
Claims: The vouchers included on the below listas modified by the Council and noted upon said listfor
the Council meeting of March 26,1991 forthe funds listed below are approved in the amount of$91,270.57.
GENERAL FUND $21,499.30
STREET 8,152.94
MID-PENINSULA BLOCK GRANT 16.00
EQUIPMENT LEASES 903.18
WATER/SEWER FUND 14,078.44
WATER/SEWER CONSTRUCTION 172.50
W/S LEASES 811.24
SANITATION FUND 14,785.06
CENTRAL SERVICES 19,355.21
BUILDING MAINTENANCE 2,827.79
EQUIPMENT RENTAL 8.668.91
TOTAL $91,270.57
Prepaid Claims:Prepaid claims approved by the City Manager according to the process established by
Moses Lake MunicipalCode 3.42.030 and the internal control 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 $6,890.66 for all funds.
GENERAL FUND $1,644.83
STREET 5,035.20
CENTRAL SERVICES 115.63
EQUIPMENT RENTAL 95.00
TOTAL $6,890.66
Checks:Checks 26613 through 26889 issued on March 13,1991 were approved for payment at the Council
meeting held on March 12, 1991 in the total amount of $514,473.77.
Payroll: The payroll issued on March 15, 1991 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 69111 through 69246 in the
amount of $152,881.15.
I.CITIZEN INPUT -None
II.EMPLOYEE PRESENTATIONS -None
III.CONSENT AGENDA -None
IV.CONSIDERATION OF BIDS -None
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None
VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -MUNICIPAL COURT JUDGES -1ST READING
An ordinance was presented which establishes the procedure for the appointment of judges of the Municipal /D$A
Department of the District Court.
The ordinance creating Chapter 2.86 of the Moses Lake Municipal Code entitled "Municipal Court Judges"
was read by title only.
Action Taken:Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mrs.
Brown,and passed unanimously.
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CITY COUNCIL MINUTES:2 March 26, 1991
VII.REQUESTS TO CALL FOR BIDS -None
VIII.REFERRALS FROM COMMISSIONS
RESOLUTION -BUILD ON UNPLATTED PROPERTY -STATE PATROL
The Washington State Patrol has submitted a request to construct a 100'tall,self-supporting
communications tower on unplatted propertylocated on 101 Laguna Drive.The Planning Commission
recommended to the Council that the request be granted.
The resolution allowing the Department of Natural Resources/Washington State Patrol tobuild on unplatted f-\
property was read bytitle only.
Action Taken:Mr.Chandler moved that the resolution beadopted,seconded by Mr.Edwards,and passed
unanimously.
WESTLAKE SHORES PRELIMINARY PLAT
Properties Four,Inc.has submitted a preliminary plat for a 70 acre, 86 lot single family residential major
subdivision. The area is zoned R-1,Single FamilyResidential. The platwill be served with city water and
sanitary sewer. Extension of water main,sewer main, and city street will be required. The developers are
requesting variances to be allowed to reduce the right-of-way width for Lupine Drive and Camas Placeto
50*ratherthan 60' as required and for deviations to lot length, width, and boundary line angles as required.
At its February 14 meetingthe Planning Commission consideredthe preliminaryplatand madethe following
recommendations to the Council:
1.The variances on lot lengths,widths,depths,and boundary tine angles be granted.
2.The request to eliminate the sidewalk on the west side of Sand Dunes Road be granted.
3.The variance on the street width on Lupine Driveand Camas Place be granted with the stipulation
that the cul de sac on Camas Place meet the minimum standard requirements.
4. That Sand Dunes Road from the terminus of improved street within the Westlake Shores Phase I
Subdivision be improved to and through the plat.
5.The plat comply with the Shoreline Management Master Plan.
6.The Department of Wildlife buffer zone be constructed or bonded for.
7.That erosion and dust be controlled.
8. The City Engineer's comments be addressed.
Jesus Moulinet,representing Properties Four,stated that the DOE had added additional conditions to the
shoreline permit.Those conditions prohibitsingle family docks,except that a community usedock may be
builtat the communitybeach area, and bulkheads and other modifications ofthe natural shoreline areas are
prohibited within 20' landward of the ordinary high water mark. He feltthat the conditions imposed by the
DOE were inviolationof the city's Shoreline Management MasterPlanand requested the city intervene by
writingto the DOEto oppose these conditions. He mentioned that some of the lots inthis development will
require bulkheads to prevent erosion and that the city's Shoreline Management Master Planencourages the
joint use of docks by adjoining property owners.
Joseph K.Gavinski,City Manager,stated that the Department of Ecology,perhaps at the instigation of the
Department of Wildlife,as become very interested in Moses Lake and have gotten quite aggressive intheir
dealings with shoreline conditional use permits and variances. He mentioned that the developer would have
to appeal to the Shorelines Hearings Board the decision of the DOE to add conditions to an approval of a
shoreline conditional use permit.
There was some discussion bythe Council and it was pointed out that there is a 30 day appeal period on
the shoreline permits, which are a separate issue from the preliminary plat.
Action Taken:Mr.Reese moved that the preliminaryplat be approved as recommended by the Planning
Commission and the Findings of Factbe accepted,seconded by Mr.Biallas,and passed unanimously.
SWIMMING POOL FEES AND CHARGES
The proposed charges for the swimming pool for 1991, as approved by the Park and Recreation
Commission,were presented to Council.
Action Taken:Mr.Biallas moved that the charges be accepted as recommended by the Park and
Recreation Commission,seconded by Mr.Chandler,and passed unanimously.
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CITY COUNCIL MINUTES:3 March 26,1991
CASCADE PARK DRAIN FIELD
The Park and Recreation Commission discussed the failed drain field at Cascade Park and the possibility S'3/
that it may be a number of years before a sewer line is constructed to the Park,and recommended to the
Council and a new pressure sewer drain field be installed this year ifat all possible.
Joseph K.Gavinski,City Manager,stated that the city's intention was to construct a sewer line along
Crestviewand connect the park.This projectwill not be done until 1994 because of fund availability and
time constraints on city staff. He pointedout that the city has required private propertyowners to connect
to city sewer when their drain fields have failed.The problem is that without either the sewer or a newdrain
field the campground cannot be used as intended since no showers would be availableand port-a-potties
would have to be used.
There was considerable discussion by the CouncD.
Action Taken:Mr.Biallas moved that staff be directed to proceed with the engineering design and
construction of a pressurized drain field forCascade Parkand that staff report back on where the funds for
the project will be coming from,seconded by Mr.Chandler, and passed unanimously.
IX OTHER ITEMS FOR COUNCIL CONSIDERATION
SAMMONS COMMUNICATIONS
Sammons Communications has submitted a letter with proposed language for the new franchise which flyo
states they would install new technology in Moses Lake when it has been implemented in at least 50% of
the cable television systems owned by Sammons.Council direction was requested on howto proceed on
this project
ActionTaken:Mr.Chandler moved that staffbe authorized to proceed withthe franchise using the wording
provided by Sammons Communication,seconded by Mrs.Brown,and passed unanimously.
ORDINANCE -UCENSING REGULATIONS/TRANSFERABILITY -1ST READING
City staff noticed a conflict In the city's ordinances with regard to transferability of a business license.
"^Current law allows for the transference of a license to a successor In interest at the same location under
K^J certain conditions.Recent amendments to the licensing regulations in some cases prohibited the
transference.The Councfl can either allow transference of a license as is current practice or require that
a successor in interest at a same location acquire a new business license.
There was some discussion,and it was the consensus of the Council that new businesses should be
required to purchase a new business license.
The ordinance amending Chapter 5.04 of the Moses Lake Municipal Code entitled "Licensing Regulations"
was read by title only.
Action Taken:Mr.Chandler moved that the ordinance be amended to delete references to transferability
of business licenses,seconded by Mr.Biallas,and passed unanimously.
ORDINANCE -WATER/SEWER RATES FOR HYDRANT CHARGES -1ST READING
Council direction was requested on the problem of water delivered through fire hydrants outside the city
limits. The city currently pays $2 per fire hydrant per year as payment for water delivered through fire
hydrantsinthe city limits.The problemiswho should payand how much should be paidforwaterdelivered
through fire hydrants outside the city limits.
The problems of who would be charged, how much, and the record keeping required forusing water from
a fire hydrantoutside the citylimitswas discussed by the Council.Itwas the consensus ofthe Councilthat
no charge be assessed for use of fire hydrants outside the city limits.
The ordinanceamending Chapter 13.12ofthe Moses Lake Municipal Code entitled"Waterand Sewer Rates"
\_J was read by title only.
Action Taken:Mr.Chandler moved that section C in 13.12.090 be deleted and the first reading of the
ordinance be adopted,seconded by Mrs.Brown, and passed unanimously.
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CITY COUNCIL MINUTES:4 March 26, 1991
X.COUNCIL QUESTIONS AND COMMENTS -None
XI.CITY MANAGER REPORTS AND COMMENTS
SPRING CLEAN UP
Joseph K.Gavinski,City Manager, reported that the annual spring clean up days are scheduled forApril 13,
14,20 and 21.
SALES TAX/TRANSIENT RENTAL REPORT
Joseph K.Gavlnski, City Manager, reported that the city will receive $131,126.39 from the January salestax
and $4,821.17 from the Februarytransient rental income.
The regular meeting was adjourned at 9:30 p.m.
ATTEST;
Finance Director
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BEFORETHE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
)
IN THE MATTER OF THE PRELIMINARY PLAT )WESTLAKE SHORES DIVISIONS 4 - 7
OF WESTLAKE SHORES DIVISIONS 4-7 )
)FINDINGS OF FACT,CONCLUSIONS,
) AND DECISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date.Apublicmeetingwas heldupon proper notice beforethe Commission on February14,
1991.
1.2 Proponent. Properties Four, Inc. is the proponent of this plat.
1.3 Purpose.The proponent has submitted a preliminary plat for property legally described as
follows:
A parcel of land inthe East 1/2 of the NW 1/4 of Section 32, Township 19 North, Range 28
East of W.M.,Grant County,Washington,described as follows:
Commencing at a rebar marking the NW corner of the Plat of "Westlake Shores Phase One"
as filed in Book 12,Page 39, of Plats,records of said county and state; said piat being
designated as Parcel "A"on said drawing filed;
Thence along the west line of said East 1/2,south 00°41,16H west a distance of 1,080.00 feet
to the Point of beginning;thence south 89°18'44"east a distance of 550.00 feet;thence north
75°12'13"east a distance of 360.00 feet;thence south 71 °25'46"east a distance of 174.00
feet;thence south 24°26'38"east a distance of 483.32 feet;thence south 44°40'08"west a
distance of 611.66feet;thence south 82°15*18"west a distance of 852.26feet to the said west
line of the said East 1/2;thence along said west line north 00°41'16"east a distance of 960.00
feet to the point of beginning.Less roads,ifany.
and
A parcel of land in Section 32,Township 19 North,Range 28 East of W.M.,Grant County,
Washington,described as follows:
The West 1/2 of the NE 1/4 of the SW 1/4 and the West 1/2 of the East 1/2 of the NE 1/4
of the SW 1/4 of said Section 32. Also a portion of the East 1/2 of the NW 1/4 of said
Section 32,described as follows:
Commencing at a rebar marking the NW corner of the Plat of "Westlake Shores Phase One"
as filed in Book 12,Page 39, of Plats,records of said county and state:said plat being
designated as Parcel "A"on said drawing on file:
Thence along the west line of said East 1/2 south 00°41'16"west a distance of 2,040.00 feet
to the point of beginning;thence north 82°15*18"east a distance of 852.26 feet;thence south
34e>35'32''east a distance of 528.42 feet;thence south 03°48'51"west a distance of 300.67
feet;thence south 84°17'23"west a distance of 131.68 feet,more or less to the NW corner
ofsaid East 1/2 ofthe East 1/2 of the NE1/4 ofthe SW1/4 ofsaid Section 32;thence along
the north line of said SW 1/4 north 89046'23"west a distance of 1,000.84 feet to the SW
corner of said East 1/2 of the NW1/4;thence along the said west line of said East 1/2 ofthe
NW1/4 north 00°41'16Heast a distance of 629.42 feet to the point of beginning. Less roads,
If any.
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 offact:
2.1 The proponent is the owner of the property.
2.2 The property is currentlyzoned R-1,Single Family Residential.
,
3.CONCLUSIONS BY THE PUNNING COMMISSION.
From the foregoing findings of fact the Commission makesthe following conclusions:
3.1 The Planning Commission of the City of Moses Lake is vested withthe authorityto recom
mend to the City Council the advisability of approvinga preliminary plat.
3.2 The platIs properly beforethe Commission forits recommendation.
3.3 It is proper atthistime for the Planning Commission to makea recommendation onthis plat.
3.4 The Planning Commission declared this plat,If granted, to have a non-significant adverse
impacton the environmenton January 24,1991.Therefore,there should be no undesirable
environmental problems created.
3.5 It is 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 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 CityCouncil of the City of Moses Lake that
the plat be approved with the followingvariances:
A. A variance on lot lengths, widths,depths,and boundary line angles
B.Sidewalk on the west side of Sand Dunes Road be eliminated
C.Street width on Lupine Driveand Camas Place be 50'wide with the stipulation that the cul de
sac on Camas Place meet the minimum standard requirements.
D. That Sand Dunes Road fromthe terminus of improved street withintheWestlake Shores Phase
I Subdivision be improved to and through the plat,the plat comply with the Shoreline
Management Master Plan,the Department of Wildlife buffer zone be constructed or bonded
for,and that erosion and dust be controlled
F.The City Engineer's comments be addressed,
5.FURTHER HEARING BEFORE THE CITY COUNCIL
5.1 Date. A public meeting was held upon proper notice before the Council on March 26,1991.
5.2 Proponent.Properties Four,Inc.is the proponent of this plat
5.3 Purpose.The proponent has submitted a preliminary plat for property legally described as
follows:
A parcel of land in the East 1/2 of the NW 1/4 of Section 32,Township 19 North,Range 28
East of W.M., Grant County,Washington,described as follows:
Commencing at a rebar marking the NW comer of the Plat of "Westlake Shores Phase One"
as filed In Book 12, Page 39, of Plats,records of said county and state; said plat being
designated as Parcel "A"on said drawing filed;
Thence along the west line of said East 1/2,south 00°41'16"westa distance of 1,080.00 feet
to the Point of beginning;thence south 89°18'44"east a distance of 550.00 feet;thence north
75°12'13"east a distance of 360.00 feet;thence south 71 °25'46"east a distance of 174.00
feet;thence south 24°26'38"east a distance of 483.32 feet;thence south 44°40'08"west a
distance of 611.66 feet;thence south 82°15*18"westa distance of 852.26feet to the said west
lineof the said East 1/2;thence along said west line north00°41 '16"east a distance of 960.00
feet to the point of beginning.Less roads, if any.
and (^
A parcel of land in Section 32,Township 19 North,Range 28 East of W.M., Grant County,
Washington,described as follows:
The West 1/2 of the NE 1/4 of the SW 1/4 and the West 1/2 of the East 1/2 of the NE 1/4
of the SW 1/4 of said Section 32. Also a portion of the East 1/2 of the NW 1/4 of said
Section 32,described as follows:
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Commencing at a rebarmarkingthe NW corner of the Platof "Westlake Shores Phase One"
as filed in Book 12,Page 39, of Plats,records of said county and state:said plat being
designated as Parcel "A"on said drawingon file:
Thence alongthe west lineof said East1/2 south 00°41'16"west a distance of 2,040.00 feet
to the point of beginning;thence north 82°15'18"east a distance of 852.26 feet;thence south
34°35'32"east a distance of 528.42 feet;thence south 03°48'51"west a distance of 300.67
feet;thence south 84°17'23"west a distance of 131.68 feet,more or less to the NW corner
ofsaid East 1/2 ofthe East1/2 ofthe NE 1/4 ofthe SW 1/4 ofsaidSection32;thence along
the north line of said SW 1/4 north 89°46'23"west a distance of 1,000.84 feet to the SW
cornerof said East1/2 ofthe NW1/4; thence alongthe saidwest lineof said East1/2 ofthe
NW 1/4 north00°41'16"east a distanceof629.42feetto the pointof beginning.Less roads,
if any.
5.4 Evidence. The Council considered the following materials in reachingits 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
Based upon the evidence presented to them, the Council makes the following findings of fact:
6.1 The proponent is the owner of the property.
6.2 The property is currently zoned R-1,Single FamilyResidential.
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 Cityof Moses Lake is vested with the authorityto 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 CityCouncilto make a decision on this preliminary plat.
8.DECISION.
The City Council of the City of Moses Lake agrees with the recommendation of the Planning
Commission and approves the preliminaryplat
Dated:March 26,1991
RTWayne Rimple,\Mayor x