1997 06 24<J
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MOSES LAKE CITY COUNCIL
June 24,1997
Council Present:Daryl Jackson,Bill Reese,Wayne Rimple,Richard Pearce, Ron Covey, and Bob
Chapman Absent:Grant Nichols
MINUTES:Mr.Pearce moved that the minutes of the June 10 meeting be approved as submitted,
seconded by Mr.Chapman,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
ActionTaken:Dr.Covey moved that the bills,checks,and prepaid claims issued be approved,seconded
by Mr.Chapman,and passed unanimously.
Vouchers audited and certified by the Finance Directoras required by RCW42.24.080,and those expense
reimbursement claims certified as required by RCW42.24.090,have been recorded on a listingwhich 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 June 10, 1997 for the funds listed below are approved in the amount of
$542,691.94.
GENERAL FUND $19,965.39
STREET 19,423.73
STREET REPR/RECON 5,083.00
EQUIPMENT LEASES 16,497.88
PWTF LOAN -STRATFORD ROAD 42,221.18
STREET IMPROVEMENT 27.69
WATER/SEWER FUND 65,573.47
WATER/SEWER LEASES 1,503.11
Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by
Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council 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 $30,189.30 for all funds.
GENERAL FUND $143.44 EQUIP RENTAL-OPERATIONS 19,401.36
{J WATER/SEWER FUND 13.09 BUILD MAI NT-OPERATIONS 10,625.95
CENTRAL SERVICES 5.46 TOTAL $30,189.30
Claims Checks:Checks 12714 through 13002 issued on June 11,1997 were approved for payment at
the Council meeting held on June 24, 1997 in the total amount of $631,352.49.
Payroll:The payroll issued on June 13,1997 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 52879 through 53139 in
the amount of $240,274.28.
I.CITIZEN INPUT -None
II.PRESENTATIONS -None
III.CONSENT AGENDA
Resolution -Accept Utility Improvements -Village Park No.1:A resolution was presented which accepts //&?6?
on-site and off-site street and utility improvements forVillage Park No. 1 located at 900 N.Grape Drive.
Fireworks -Moses Lake High School Booster Club:The Moses Lake High School Booster Club has /03 ^
submitted applications to sell fireworks at Excell Foods, Market Place, and The Hydraulic Center.
PWTF W/S D/S 254,187.48
SANITATION FUND 32,801.26
AIRPORT 2,033.68
CENTRAL SERVICES 15,671.39
EQUIP RENTAL-OPERATIONS 50,384.35
BUILD MAINT-OPERATIONS 17,186.33
FIREMANS PENSION 132.00
TOTAL $542,691.94
Fireworks - Seventh Day Adventist Church.Moses Lake Christian Church,and Discount Display:/q^
Applications to sell fireworks have been submitted by the Seventh Day Adventist Church at 1025 N.
Stratford Road,Moses Lake Christian Church-Youth at 1005 N.Stratford Road,and Discount Display at
i^J 2210 W.Broadway.
Resolution -AcceptEasements -Fem/Crouse Water Line/Cul DeSac:A resolution was presented which /J/'3
accepts easements from Cynthia Rose,Janet Johnson,and Jock and Viola MacGillivray.These
easements will allow the connection oftwo dead end water lines and the installation of a cul-de-sac at the
end of Fern Drive.
Resolution -Accept TIB Grant:A resolution was presented which accepts a grant from the Transportation JQ /<•/
Improvement Board for improvements to Valley Road from Airway Drive to Ottmar Road and for the City
Manager to sign the grant documents.
Action Taken:Mr.Rimple moved that the Consent Agenda be approved,seconded by Mr.Reese,and
passed unanimously.
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CITY COUNCIL MINUTES:2 June 24, 1997
IV.CONSIDERATION OF BIDS -None
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
ORDINANCE -ANNEXATION -EAST BROADWAY -2ND READING/PUBLIC HEARING
An ordinance was presented which annexes property north of East Broadway Extended to the City of
Moses Lake.
The public hearing was opened.There were no comments.
Action Taken:Dr.Covey moved that the public hearing be closed, seconded by Mr.Reese, and passed
unanimously.
The ordinance annexing certain specified territory tothe City of Moses Lake,Washington,and incorporat
ing the same within the corporate limits ofthe City of Moses Lake,and which provides for the assumption
of existing indebtedness and establishes the zoning was read by title only.
Action Taken:Mr.Rimple moved that the second reading of the ordinance be adopted, seconded by Mr.
Pearce, and passed unanimously.
ORDINANCE -KINETIC GENETICS ZONE CHANGE -2ND READING/PUBLIC HEARING
Kinetic Genetics has requested a zone change for property described as Tax #6816 and Tax #3781,
located off of B Street, from R-3,Multi-family Residential, to C-2,General Commercial and Business.The
zone change is sought in order to develop the propertywith a commercial use.
The public hearing was opened.There were no comments.
Action Taken:Mr.Rimple moved that the publichearing be closed,seconded by Mr.Reese,and passed
unanimously.
The ordinance amending Chapter 18.09 of the Moses Lake Municipal Code entitled "Zoning Districts and
Map"was read by title only.
Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted and the Findings
of Fact be accepted,seconded by Mr.Chapman,and passed unanimously./^>
COMMUNICATION -ITINERANT VENDOR LICENSING FEES
Gary Castle and Diana Fitzpatrick requested time before the Council to discuss the itinerant vendor fees.
Diana Fitzpatrick stated that they have recently purchased a mobile vending unit to serve soft ice cream,
espresso,and lattes.She did some research and discovered that the highest fee in othercities is $50 per
year for mobile vending units.She felt that the $100 per year plus $50 per month plus $75 per location
change that Moses Lake charges is excessive.
Gary Castle stated that they had planned to locate the unit at various functions in different locations in the
city. He pointed out that a $700 per year license fee for a mobile vending unit is a great deal of money
and they are requesting a change in the fee structure.
Mr.Chapman pointed out that he was originally opposed to the imposition of these fees and he felt they
are excessive.He would like to see some changes made in the fees to accommodate small business
ventures.
Mr.Pearce pointed out that the $75 change of location fee was imposed because the city has to make an
inspections each time the vendors change location. He stated that he would not be in favor of changing
the ordinance just to make it less expensive for a mobile vendor but he would not object to an overall
review of the ordinance.
Mr.Rimple pointed out that the ordinance was discussed at length prior to its adoption because of the
problems caused by mobile vendors./*"\
There was some discussion and it was the consensus of the Council that the fee structure ofr itinerant
vendors be discussed at the next meeting.
REQUEST TO USE CITY PROPERTY -MOSES LAKE BUSINESS ASSOCIATION
11 The Moses Lake Business Association has requested permission to use a portion of the city parking lot
located adjacent to the Post Office on August 8,1997 from 6 a.m. to 11 a.m. for the annual Cowboy
Breakfast.Permission was also requested for use of the sidewalks for a sidewalk sale on Friday,August
8,and Saturday,August 9.
Action Taken:Dr.Covey moved that the request to use city property be approved,seconded by Mr.
Reese,and passed unanimously.
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CITY COUNCIL MINUTES:3 June 24,1997
VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -WATER CONNECTION FEES -2ND READING
RESOLUTION -ACCEPT DONATION -SKAUG BROTHERS
A resolution was presented which accepts $1,000 from Skaug Brothers,Inc.The funds are to be used
forthe purchase of play equipment at the Moses Lake Aquatic Center.
The resolution accepting a cash donation of $1,000 from Skaug Brother's Inc.was read by title only.
Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Dr.Covey, and passed
unanimously.
RESOLUTION -ACCEPT DONATION -MOSES LAKE LIONS CLUB ir^e/,
A resolution was presented which accepts a Holmatro Rescue Tool valued at $9,171.50 from the Moses
Lake Lions Club.
The resolution accepting a Holmatro Rescue Tool fromthe Moses Lake LionsClub was read by title only.
Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Mr.Pearce, and passed
unanimously.
RESOLUTION -SALES TAX FOR MISDEMEANANT COSTS
A resolution was presented which supports the county-wide imposition of the 1/10 of 1%sales tax for -.*
criminal justice purposes.
The resolution in support of implementing a 1/10th of 1%county-wide sales tax as allowed by RCW
82.14.340 was read by title only.
Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Mr.Pearce,and passed
unanimously.
VII.REQUESTS TO CALL FOR BIDS
CHIP SEAL PROJECT
Staff requested authorization to call for bids for the 1997 Chip Seal Project./Q/^/)
Action Taken:Dr.Covey moved that staff be authorized to call for bids,seconded by Mr.Pearce,and
passed unanimously.
VIII.REFERRALS FROM COMMISSIONS
ORDINANCE -VACATE FERN DRIVE &CROUSE STREET -1ST READING
An ordinance was presented which vacates a portion of the intersection of Fern Drive and Crouse Street.
This vacation will facilitate the street and utilities improvements in this area.
Gary G.Harer,Municipal Services Director,pointed out that the ordinance should also include the vacation
of the manhole currently existing in the area proposed to be vacated.
The ordinance vacating a portion of Fern Drive and Crouse Street was read by title only.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.
Chapman,and passed unanimously.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION -None
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An ordinancewas presented which allowsthe cityto charge for the tapping,filling,and flushing of newly
constructed water mains.The costs would be borne by the developer responsible for constructing the
mains.
The ordinance amending Chapter 3.58 of the Moses Lake Municipal Code entitled "Water Connection
i i Fees"was read by title only.
Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.
Chapman,and passed unanimously.
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CITY COUNCIL MINUTES:4 June 24, 1997
X.COUNCIL QUESTIONS AND COMMENTS
COMMENDATION
A letter was received from W.Lancaster,Delvay Beach,Florida which praised everything aboutthe City
of Moses Lake.
q1I PARKS AND RECREATION COMMISSION
With the approval ofthe Council,Dick Deane was re-appointed to the Parks and Recreation Commission.f~)
XI.CITY MANAGER REPORTS AND COMMENTS -None
The regular meeting was recessed at 8:10 p.m. and the Council met in an executive session at 8:15 to
discuss litigation.The executive session was adjourned at 8:45 p.m.and the regular meeting was
reconvened.
GROWTH MANAGEMENT
It was the consensus of the Council that an invitation be forwarded to the County Commissioners to
appear atthe July 8 Council meeting to discuss the implementation of and shape of an IUGA for the City
of Moses Lake under the Growth Management Act.
The regular meeting was adjourned at 8:50 p.m.
Finance Director
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
)
IN THE MATTER OF THE ZONE CHANGE FOR ) NO. ZC 97-3
KINETIC GENETICS,LLC.)
) 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 May 29,
1997.
1.2 Proponent.Kinetic Genetics,L.LC.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-3, Multi-family Residential,to C-2,General Commercial and Business.
Tax #3781 and #6816
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.
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 proponent is the owner of property legally described above.
2.2 The property is unplatted.
\^J 2.3 The zone change is consistent with the Comprehensive Plan.
2.4 The zone change is in the public interest and will benefit the public welfare.
2.5 No objections from the public
2.6 The platting process,site plan, and SEPA review will give a governing body the opportuni
ty to address traffic and safety concerns when the property is developed.
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 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 in the best interests and welfare of the city's citizens to rezone the property as
proposed.
{J 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 be granted with the condition that B Street be extended
to Broadway Avenue.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date. A public hearing was held upon proper notice before the City Council on June 24,
1997.
6.
5.2 Proponent. Kinetic Genetics,L.L.C. 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:
A.The application of the proponent for the rezone.
B. The history of the property.
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 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 proper at this time forthe City Council to make a decision on this rezone request.
7.4 The extension of B Street to Broadway shall be accomplished under the platting process.
8.DECISION OF THE CITY COUNCIL.
The City Council of the City of Moses Lake grants the zone change request.
Dated:June 24,1997.
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