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1990 03 274408 CITY COUNCIL CITY OF MOSES LAKE March 27.1990 Members Present: Wayne Rimple,JoAn Brown,NormJohnson.David Chandler,Roger Biallas,Charles Edwards,and Bill Reese MINUTES:Mr.Chandler moved that the minutes of the meeting of March 13 be approved as submitted, seconded by Mr.Johnson,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ActionTaken:Mr.Chandler moved that the bills,checks,and prepaid claims issued be approved,seconded v_/by Mrs.Brown,and passed withMr.Rimple abstaining from votingfor that portion ofthe bills to Moses Lake SteelSupplyand Faber Industrial Supplyand Mr.Biallas abstaining from voting for that portion ofthe bills to A & H Printers. Vouchers audited and certified by the Finance Director as required by RCW42.24.080,and those expense reimbursement claims certified as required by RCW42.24.090,have been recorded on a listing which has been made available to the City Council. Claims:The vouchers included on the below listas modified by the Council and noted upon said list for the Council meetingof March 27,1990 for the funds listed belowareapproved In the amountof $109,926.19 for all funds. ^j GENERAL FUND $22,961.21 STREET 8,242.60 ARTERIAL STREET 178.99 STREET REPR/RECON 105.45 EQUIPMENT LEASES 408.20 CONVENTION CENTER 133.20 STREET IMPROVEMENT 116.55 PARK IMPROVEMENT 25,448.21 WATER/SEWER FUND 12,712.78 1985 BONDS/UUD 4 796.40 WATER/SEWER CONSTRUCTION 6,728.77 WATER/SEWER LEASES 770.58 SANITATION FUND 20.41 CENTRAL SERVICES 5,150.64 BUILDING MAINTENANCE 7,139.60 EQUIPMENT RENTAL 18,846.38 FIREMANS PENSION 54.32 UD56 111.90 TOTAL $109,926.19 Prepaid Claims:Prepaid claims approved bythe City Manager according tothe process established by Moses Lake Municipal Code 3.42.030 and theinternal control policy approved bytheCity Council have been recorded on a listing which has been made available to the City Council.The claims listed below are approved inthe amount of $16,098.93 for all funds. GENERAL FUND $998.50 CONVENTION CENTER 9,019.97 WATER/SEWER FUND 11.42 WATER/SEWER CONSTRUCTION 900.00 SANITATION FUND 92.20 CENTRAL SERVICES 5.076.84 TOTAL $16,098.93 Checks:Check 23280 issued on February 27,1990,checks 23395 through 23398 issued on March 2 through 7,1990,and checks 23405 through 23550 issued on March 14,1990 were approved for payment at the Council meetingheldon March 27,1990 In the total amount of $387,308.78. Payroll:The payroll issued on March 16,1990 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 65204 through 65330 in the amount of $135,604.03. I.CITIZEN INPUT -None II.CONSENT AGENDA Bell Group No.1Preliminary Plat &Variance -Set Date to Consider:The Bell Group No.1Preliminary Plat /M & has been submitted for approval.The proponents are requesting a variance tothe requirement that sewer main be extended onWest Broadway.April 10 should besetasthe date for a public meeting to consider this preliminary platand variance. 4409 CITY COUNCIL MINUTES:2 Marcn 27«1990 .ijfr Resolution -Retainaoe Savings Accounts -The Columbia Bank:A resolution was presented which designates The ColumbiaBankas the bank to maintain interestbearingsavings accounts forcontractors retainage. .,Resolution -Accept Rioht-of-Wav - Lee: A resolution was presented which accepts right-of-way from John /Q'^and Mary Lee for the extension of Central Drive. ji -iCi D.AR.E.Grant:Authorization was requested for the Police Chief to apply for a community development 'grantfor D.AR.E.through the Nikkei Saaver. Action Taken:Mr.Biallas moved that the consent agenda be approved,seconded by Mr.Johnson,and passed unanimously. o 1017 III.CONSIDERATION OF BIDS VOICE RECORDER Bids were received for the voice logging recorder to be installed in the Police Department.Staff recom mended that the bid be awarded to Dictaphone Corporation as the low bidder. Action Taken:Mr.Chandler moved that the bid be awarded to Dictaphone Corporation,seconded by Mr. Johnson,and passed unanimously. xqI °j<h 1990 CRACK SEAUNG PROJECT Bids were received for the 1990 crack sealing contract.Staff recommended that the bid be awarded to A & C Repair as the low bidder. Action Taken:Mr.Johnson moved that the bid be awarded to A &C Repair,seconded by Mr.Biallas,and passed unanimously. 10(6?JANITORIAL CONTRACT Bids were received for the 1990-91 janitorial contract. Staff recommended that the bid, with alternates A, B,and C,be awarded to STEP Industries as the low bidder. Action Taken:Mr.Reese moved that the bid and alternates be awarded to STEP Industries,seconded by Mr.Johnson,and passed unanimously. n j09- \Ql*0 IV.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS GRANT COUNTY COMPREHENSIVE PLAN The Grant County Planning Department is proposing to revise its Comprehensive Planand is requesting input from the City of Moses Lake. Joseph K.Gavinski,City Manager,stated that a presentation will be made to the Planning Commission and their recommendation will be forwardedto the Councilalong withthe presentation by GrantCounty. Atthat time the Council can make any recommendations or suggestionns to GrantCounty itwishes. No action by the Council is necessary at this time. VARIANCE REQUEST -ELLIOTT Eyler Elliott is requesting a variance in order to set up a mobile home as an office in the commercial area along Broadway. Joseph K.Gavinski,City Manager,statedthatsincethe agendawas distributed,an additional requesthas come in from Mr.Elliottfor a change in the ordinance to allow the use of a commercial coach as an office building.City ordinances require that mobile homes comply with the UBC in order to be placed in a commercial zone and a commercial coach does not comply.^-\ Mr.Elliott statedthatthe onlyareainwhich hismobile homedoes notmeetthe UBC isinthe floor supports. This mobile home has a black seal from the State of Washington and he was informedthat it would be allowed in any city in the state except Moses Lake. Mr.Gavinski pointed outthat the mobile homedealers in thecity use factory built homes with a gold sticker for their offices. Mr.Rimple pointed outthatthose people using factory built homesas offices are required to meet all the Uniform Building Codes and also have the gold sticker onthe building.He felt it would bea mistake tovary that requirement. \J 4410 CITY COUNCIL MINUTES: 3 March 27, 1990 There was some discussion by the Council. Action Taken:Mr.Chandler moved that the request be denied,seconded by Mr.Biallas,and passed with Mr.Edwards and Mr.Johnson opposed. ANNEXATION -BAKER Ron Baker is proposing to plat several lots adjacent to Gateway Estates and would like to connect to the city water and sewer systems.Existing ordinances require developments to annex to the city in order to receive city services if they are within 1/2 mile of the city limits. Due to the large number of properties between the city and his development it is impossible for him to annex unless he obtains other supporters. At the present time he is unwilling to do this additional work and would consider the installation of a well and septic tanks instead ofconnecting to city services.He iswillingto sign an annexation agreement which provides for annexation at a later date. Mr.Baker stated that water and sewer mains are already in place in Raymond Street which is part of Gateway Estates.The 12 lots fronting on Raymond Street would be developed and sold first. Joseph K.Gavinski, City Manager,stated that the annexation policy requires any property with 1/2 mile of the city limits to annex priorto receiving city water and sewer services.Any change in the policy would require a change in the resolution. There was some discussion by the Council. Itwas the consensus of the Council that the resolution not be changed and that the city contact the intervening property owners to determine if they are interested in annexing to the city. V.ORDINANCES AND RESOLUTIONS ORDINANCE -LICENSING REGULATIONS -TEMPORARY LOCATIONS -2ND READING Anordinancewas presentedwhichamends the licensing regulations for temporarylocations to provide for a business license fee of $600for the operation of a fireworks stand by a profit making organization and a $300 fee for a non-profit making organization. V )The ordinance amending Chapter 5.06 of the Moses Lake Municipal Code entitled "Licensing Regulations - Temporary Locations"was read by title only. ActionTaken:Mr.Chandlermoved thatthe second reading ofthe ordinancebe adopted and the summary for publication be approved,seconded by Mrs.Brown,and passed unanimously. ORDINANCE -SIDEWALK CONSTRUCTION -2ND READING An ordinance was presented which amends the boundaries of the downtown paver project to include 50' on Ash Street in front of The Columbia Bank. The ordinanceamending Chapter 12.12ofthe Moses Lake Municipal Code entitled"SidewalkConstruction" was read by title only. Mr.Biallas felt that the paver project within the existing boundaries should be completed before the boundaries are extended.Itdoes not preclude a business from installingpavers at their own expense.He pointed out that the city has a limited amount of revenue for this project and additional improvements consisting of tree guards and lighting are under consideration. Mrs. Brown stated that she had received a number of negative comments on the proposed change in the boundaries and would be opposed to any change.She also felt that Pioneer Way should be included In the paver project area in the future. Mr.Chandler pointed out that the city had denied a previous request for a boundary change and he is opposed to extending the boundaries at this time. He also felt that the sidewalks within the existing I J boundaries should becompleted before any changes are made. Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted and the summary for publication beapproved,seconded by Mr.Edwards, and passed with Mr.Biallas,Mr.Chandler, and Mrs. Brown opposed. ORDINANCE -LID 56 FINAL ASSESSMENT ROLL -2ND READING An ordinance was presented which approves and confirms the assessment roll for LID 56, which was improvements to Seventh Avenue. /os-f- /Okl //<>/ /1Y& tit\^ 4411 CITY COUNCIL MINUTES:4 March 27,1990 The ordinanceapproving and confirming theassessments and assessment roll of Local Improvement District No. 56 which has been created and established forthe purpose of paying the cost of improving Seventh Avenue by grading, graveling,constructing,and installing curbs,sidewalks,sewer side laterals, water services,asphalt concrete pavement,and storm drainage in the City of Moses Lake as provided by Ordinance No. 1338 and levying and assessing the amount thereof against the several lots, tracts, parcels of land, and other property shown on said roll was read by title only. Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr. Chandler,and passed unanimously.f*} ORDINANCE -ULID 4 FINAL ASSESSMENT ROLL -2ND READING An ordinancewas presented which approves and confirms theassessment roll for ULID 4,which was sewer improvements to the Basin Homes area. The ordinanceapproving and confirming the assessments and assessment roll of UtilityLocal Improvement District No. 4 which has been created and established for the purpose of paying the cost of improving Larson Plat, Larson Plat No. 2, Replat of Block 2,Larson Plat No.2,SW 1/4 SW1/4 of Section 10,Town ship 19 North, Range 28 EWM,Battery OrchardTracts 42,commonly known as Basin Homes by construct ing and installing a sanitary sewersystem,sewer sidelaterals,and appurtenanceswhichconnectsto existing sanitary sewer system and sewer side lateralsinthe Cityof Moses Lake as provided by Ordinance No.1342 levying and assessing the amountthereofagainst the several lots,tracts,parcels of land,and other property shown on said roll was read by title only. Joseph K.Gavinski, City Manager,stated that a letterwas received from Shirley Holtwho is unhappy with the hook up. Phil Bloom,Municipal Services Director,stated that the service lateral to Ms. Holt's home is deep enough to service her basement if improvements besides a wash sink is ever constructed.To connect it at the presenttime would requirethe removalof a deck, the cutting of her basement floor,and majorwork within the house.She wanted the Block Grant to pay for these improvements.Since the only thing in the basement at this time is the wash sink the city opted to connect itto the sewer with a pump. Action Taken:Mr.Chandler movedthat the second reading of the ordinance be adopted,seconded by Mrs. Brown, and passed unanimously. fO ORDINANCE -AMEND 1990 BUDGET -1ST READING An ordinance was presented which amends the 1990 budget. The ordinance amending the 1990 budget forthe City of Moses Lake, Washington was read by title only. Action Taken:Mr.Chandler moved that the first reading of the ordinance be adopted,seconded by Mr. Johnson,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS -None VII.REFERRALS FROM COMMISSIONS BIG BEND MANTA RAY SWIM MEETS The Big Bend Manta Ray Swim Team has requested permission to hold an InlandEmpire swim meet on July 20, 21, and 22 and to allow overnight camping at McCosh Park on the nights of July 20 and 21 in conjunction with the meet. They are also requesting permission to hold several dual swim meets on weekday evenings with schedules to be established at a laterdate. The Parkand Recreation Commission recommended to the Council that permission be granted for these events. Action Taken:Mrs.Brown moved that the recommendation of the Park and Recreation Commission be ^^^ approved,seconded by Mr.Chandler,and passed unanimously.() VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION f STATE PARK ANNEXATION -UNDEVELOPED PORTION The Washington State Parks and Recreation Commission has submitted a Notice of Intent to Annex and a Petition for Annexation for the undeveloped portion of the Moses Lake State Parkconsisting of approximate ly 38.25 acres.The Council should set a date to consider the Notice of Intent and refer itto the Planning Commission fora public hearing, consideration, and recommendation to the Councilto accept or reject it. The Council may wish to setApril 24as the date to consider the Notice of Intentand directthat the Planning Commission hold a public hearing on the proposed annexation at its April 12 meeting. n [0> ^J u 4412 CITY COUNCIL MINUTES:5 March 27, 1990 ActionTaken:Mr.Chandler moved thatthe Planning Commissionbe directedto holda public hearing on April 12 and that April 24 be set as the date to consider the Notice of Intent to annex the undeveloped portion of the Moses Lake State Park,seconded by Mr.Biallas,and passed unanimously. RESIDENTIAL USE IN THE C-1 AND C-2 ZONES Attached,accessory residential usesare not specificallyaddressed as a conditional use ineither the C-1 and C-2zones underthe currentzoning ordinance. A request has been receivedto remodelthe old home health care building at Broadway and Third to include an apartment for the use of the lessee.Direction is requested from Council on whether or not to leave the ordinance as is or to change it It was the consensus of the Council that the ordinance be changed to allow residential uses as an appurtenant use in the C-1 and C-2 zones. REQUEST TO BUILD ON UNPLATTED PROPERTY -KENT JONES Kent Jones has requested permission fora proposed buyer of the south 1/2 of Lot 170 and the north 1/4 of Lot 171,Battery Orchard Tracts, to build on unplatted property. At the present time Eric Skaug is the owner of this property. Joseph K.Gavinski,City Manager,statedthat permission to build on unplatted property must be givento the owner of the land. He recommended that the Council give an advisory opinion on the possibility of building on this property by the owner when that information is known. KentJones stated that the proposed buyer wanted to know how much itwould cost to platthis property. The proposal is to change two 100' lots to three 75'lots.It will cost approximately $1,000 to plat this property. James A. Whitaker, City Attorney,stated that the land is already platted and the actual request is to alter the plat from the existing 100'lots to 75'lots. There was considerable discussion by the Council and no action was taken. LAWN MOWER i\^_J Staff has requested authorization to purchase a lawn mower through the state contract.No local vendors were able to supply the specified lawn mower. Action Taken:Mr.Johnson moved that staff be authorized to purchase the lawn mower with the additional road package,seconded by Mr.Chandler, and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS PARK AND RECREATION COMMISSION Mr.Rimple mentioned that there is an opening on the Park and Recreation Commission and requested concurrence with the appointment of Cece O'Donnell. It was the consensus of the Council that Cece O'Donnell be appointed to the Park and Recreation Commission. X.CITY MANAGER REPORTS AND COMMENTS -None The regularmeeting was recessed at 9:45 p.m. and the Council met Inan executive session to discuss real estate. The executive session was adjourned at 10 p.m. and the regular meeting was reconvened.The regular meeting was adjourned at 10 p.m. ATTEST: /osY /Mb /o/7 /0 7/ o BEFORE THE PLANNING COMMISSION OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE BELL GROUP NO.1 PRELIMINARY PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date.A public meetingwas held upon propernotice beforethe Commission on March 15, 1990. 1.2 Proponent.Art Berger is the proponent of this plat 1.3 Purpose. The proponent has submitted a preliminary platfor property legallydescribed as follows: A portionof the west 1/2 of the NW 1/4 of Section 27,Township 19 North,Range 28, EWM, Grant County,Washington,described as follows: Beginning at the most southerly corner of Lot 16,Western Addition, Moses Lake, according to the plat thereof recorded in Volume 7 of Plats,Records of Grant County,Washington, thence along the southerly line of said lot north 32°08'14"east a distance of 328.50 feet; thence north 57°52'16"west a distance of 527.69 feet;thence south 44°26'11"west,a distance of 7.31 feet;thence north 45°33'49"west,a distance of 126.80 feet to the south right-of-way line of SH No.7#(also known as West Broadway) and to a curve to the right, with a radius point which bears north 51°05'01"west from the last described point;thence along said curve and southerly right-of-way line to an intersection with the westerly line of said Lot 16 produced northerly,thence along said westerly line south 57°52'16"east,a distance of 7705.37 feet to the point of beginning. 1.4 Evidence. The Commission considered the following materials in reaching its decision: ^J A The submitted plat. B.Testimony from the proponent. C. Written comments from various parties. D.Comments from the public. 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 Utility improvementsare required on West Broadway. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of factthe Commissionmakes the following conclusions: u 3.1 The Planning Commission ofthe City of Moses Lake isvested with the authority to recommend to the CityCouncil the advisability of approvinga preliminary plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 Itis proper at this time forthe Planning Commission to make a recommendation on this plat 3.4 The Planning Commission declaredthis plat,ifgranted,to have a non-significant adverse impacton the environment on March 15,1990 provided a sight obscuring storage yard is constructed forthe storage of concrete blocks,wooden steps, axles, and other items associated with a mobile home sales lot.Therefore,there should be no undesirable environmental problems created. 3.5 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 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 platand requested variance of the utility improvements be approved with the stipulationthat a covenant runwith the land forthe improvements when required to be constructed by the city and/or the developer participate inany future LID forthe required improvements. 5.FURTHER HEARING BEFORE THE CITY COUNCIL (~*\ 5.1 Date.A publicmeeting was held upon proper notice before the Councilon April 10,1990. 5.2 Proponent. Art Berger is the proponent of this plat. 5.3 Purpose.The proponenthas submitted a preliminary plat for property legally described as follows: A portion of the west 1/2 of the NW 1/4 of Section 27,Township 19 North,Range 28, EWM, Grant County,Washington,described as follows: Beginningat the most southerly corner of Lot 16,Western Addition, Moses Lake, according to the plat thereof recorded inVolume 7 of Plats,Records of Grant County,Washington, thence along the southerly line of said lot north 32°08'14"east a distance of 328.50 feet; thence north 57°52'16°west a distance of 527.69 feet;thence south 44°26'11"west,a distance of 7.31 feet;thence north 45°33'49"west,a distance of 126.80 feet to the south right-of-way line of SH No.7#(also known as West Broadway) and to a curve to the right, with a radius point which bears north 51°05*01"west from the last described point;thence along said curve and southerly right-of-way line to an intersection with the westerly line of said Lot 16 produced northerly,thence along said westerly line south 57°52*16"east,a distance of 7705.37 feet to the point of beginning. 5.4 Evidence.The Council considered the following materials in reaching its decision: A.The submitted plat.^-s B.Testimony from the proponent. 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 C-2,General Commercialand Business. 6.3 Utility improvements are required on West Broadway. 7.FURTHER CONCLUSIONS BYTHE CITY COUNCIL From the foregoing findings of fact the Council makes the following conclusions: 7.1 The City Councii of the Cityof Moses Lakeisvested withthe authority to make a decison on a preliminary plat. 7.2 The platis properlybefore the Councilfor its decision. 7.3 It is proper atthistime for the City Council to makea decision on this preliminary plat. 8.DECISION. The CityCouncil of the Cityof Moses Lakeagreeswiththe recommendation of the Planning Commission and approves the preliminary plat. Dated: April 10,1990 n