1997 03 11O
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MOSES LAKE CITY COUNCIL
March 11,1997
Council Present:Daryl Jackson,Bill Reese,Ron Covey,Wayne Rimple,Grant Nichols, Bob Chapman,
and Richard Pearce
MINUTES:Mr.Pearce moved that the minutes of the February 25 meeting be approved as submitted,
seconded by Mr.Nichols, and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved,seconded
by Dr.Covey,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Faber
Industrial Supply and Moses Lake Steel Supply.
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 list as modified by the Council and noted upon said list for
the Council meeting of March 11,1997 for the funds listed below are approved in the amount of
$373,950.26.
WATER/SEWER CONSTRUCTION 58,313.37GENERALFUND$151,752,53
STREET
STREET REPAIR/RECONSTRUCTION
EQUIPMENT LEASES
GOB 1992 REDEMPTION
GOB 1993 REDEMPTION
CAPITAL
PARK AND RECREATION IMPROV
WATER/SEWER FUND
1994 BOND FUND
816.69 WATER/SEWER LEASES 270.57
I 117.60 SANITATION FUND 81,323.70
1,538.06 AIRPORT 35.00
67.40 CENTRAL SERVICES 18,414.87
90.33 EQUIP RENTAH3PERATIONS 16,759.16
38.77 BUILD MAINT-OPERATIONS 13,044.51
280.00 FIREMANS PENSION 303.30
8,717.77 M.L.YPTF 1,895.00
61.63 TOTAL $373,950.26
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 $406.28 for all funds.
GENERAL FUND
WATER/SEWER FUND
$358.71 CENTRAL SERVICES
45.00 TOTAL
2.57
$406.28
Checks:Checks 11782 through 11902 issued on February 26, 1997 were approved for payment at the
Council meeting held on March 11, 1997 in the total amount of $325,150.36.
Payroll:The payroll issued on February 28,1997 having been approved pursuantto the rule of the City
Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 51445 through 51461 in
the amount of $8,946.27.
Payroll:The payroll issued on March 7, 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 51462 through 51627 in
the amount of $213,804.08.
I.CITIZEN INPUT
BENNETT CONDITIONAL USE PERMIT
Jim Reuter,Advantage Homes,stated that a modification was requested of the conditional use permit //Vy
issued to Mr.Bennettwithregard to a required porch.Hewas informed by citystaff that one option was
to revoke the conditional use permit and proceed under the existing ordinance requirements for the
,-placement of a manufactured home.Mr.Bennett decided he wished the conditional use permit revoked
\_J but was informed by city staff that revocation ofthe conditional use permit was not allowed.He stated that
itwas their understanding thatthe conditional use permit could be revoked atanytime and he requested
some clarification on why the revocationof the permitis not allowed.
Joseph K.Gavinski,City Manager,pointed out that it is not an option onthe part of the holder ofthe
conditional use permit to revoke that permit.Revocation ofa conditional use permit remains with the city.
He statedthatthe request to revoke theconditional use permit was discussed bythe Planning Commission
and was denied.
Mr.Reuter stated that the manufactured home complies under the existing ordinance except for the
requirement of a garage which Mr.Bennett is prepared to construct at this time.By revoking the
conditional use permit Mr.Bennett would no longer have to construct a porch but would be required to
construct a garage.
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CITY COUNCIL MINUTES:2 March 11,1997
Jim Whitaker,City Attorney,stated that if the homeownerwishes to be covered by the new ordinance and
not covered by the conditional use permit, two things must happen - a request for revocation of the
conditional use permit and permission to be treated under the new ordinance,which will come from the
Council through the Planning Commission;or if the homeowner wishes to do the revocation on his own,
they may do so by removing the manufactured home and then apply to relocate it under the new
standards.
There was some discussion by the Council and Mr.Reuter was directed to discuss the problem with the
City Manager.
II.PRESENTATIONS
MOSES LAKE JUNIOR MISS
Wendy Gilbert,Executive Director for the Moses Lake Junior Miss Association,introduced to the Council
the 1997 Moses Lake Junior Miss Miranda Dorris.
Miranda Dorris stated that she and her court would like to be involved in the community and offered their
services in that respect.She introduced her court Allison Davies and Teresa Clement.
III.CONSENT AGENDA
lOtfL?Resolution -Amend Hartford Deferred Compensation Plan:Aresolution was presented which amends the
'Hartford Deferred Compensation Plan to bring it into compliancewith federal law.
i/£(j Sage Bay #8 Preliminary Plat - Set Date to Consider:The Council should set March 25asthe date to
'consider the Sage Bay #8 Preliminary Plat and variances.
Action Taken:Dr.Covey moved that the Consent Agenda be approved,seconded by Mr.Nichols, and
passed unanimously.
IV.CONSIDERATION OF BIDS
1997 CRACK SEAL PROJECT
Staff recommended that the bid for the 1997 Crack Seal Project be awarded to Western Asphalt Paving,
including the option.Staff also requested authorization to increase the quantities by a change order for
up to $100,000 if the contractor does a good job.
Gary Harer,Municipal Services Director,pointed out that there was a clericalerroron the unit prices where
$29 was inserted ratherthan $.299. He contacted Western Asphalt Paving and they agreed that it was
a clerical error.He recommended that the error be waived and the bid be awarded to Western Asphalt
Paving.
Action Taken:Mr.Pearce moved that the errorbe determined to be an irregularity,that the irregularity
be waived and the bidand option be awarded to Western Asphalt Pavingwith the understanding that the
clerical error has been adjusted and agreed to by the bidder and if the work is satisfactory the bid be
increased by $100,000,seconded by Mr.Reese,and passed unanimously.
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
fl^j?ORDINANCE -ANNEX FIRING RANGE -2ND READING/PUBLIC HEARING
An ordinance was presented which provides for the annexation of the City of Moses Lake firing range
located at the Grant County Airport.
The public hearing was opened.There were no comments.
Action Taken:Mr.Rimple moved thatthe public hearing be closed, seconded by Dr.Covey, 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,andwhich provides for the assumption
of existing indebtedness and establishes the zoning was read by title only.
Action Taken:Mr.Rimple moved thatthe second reading of the ordinance be adopted,seconded by Dr.
Covey, and passed unanimously.
JAPAN AIR LINES DONATION
Hideyuki Motomura and Hiroshi Sato from Japan Air Lines presented the city a check in the amount of
$2,000.
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CITY COUNCIL MINUTES: 3 March 11, 1997
VI.ORDINANCES AND RESOLUTIONS
ORDINANCES -MAIN FIRE STATION
Ordinances were presented which ratifies the previous authorization to construct the main fire station and
authorizes the issuance of a limited tax general obligation bond to finance the construction.
The ordinance of the City Council of the City of Moses Lake, Washington,ratifying prior authorization of
the undertaking of the construction and equipping of a new fire protection service headquarters,station
and training facility,the declarationof the estimated cost of the improvements,and the method of financing
thereof; and ratifying the issuance of the bond anticipation note dated June 12, 1996, to provide the
construction financing was read by title only.
Action Taken:Mr.Pearce moved that the ordinance be adopted on a single reading,seconded by Mr.
Chapman,and passed unanimously.
The ordinance of the City Council of Moses Lake,Washington,providing forthe issuance of a limited tax
general obligation bond of the city in the aggregate principal amount of $3,020,300 to finance the cost of
acquiring, constructing and equipping a new fire protection services headquarters,station and training
facility;fixing the date, form,terms,maturities and covenants ofsaid bond; providing forlimited tax levies
to secure the repayment of the bond; and providing for the sale of the bond herein authorized was read
by title only.
Action Taken:Dr.Covey moved that the ordinance be passed on a first reading,seconded by Mr.Nichols,
and passed unanimously.
VII.REQUESTS TO CALL FOR BIDS
CURB AND RAMP PROJECT 1997
Staff requested authorization to call for bids for the 1997 Curb and Ramp Project.
Action Taken:Mr.Nichols moved that staff be authorized to call for bids for the 1997 Curb and Ramp
Project,seconded by Mr.Reese,and passed unanimously.
TENNIS COURTS
Staff requested authorization to call for bids fortheTennis Court Project.The work will include installation
of a polypropolene surfacing over one court. This cover will allow for playing in the rain, will not pond, will
not need recoating or crack sealing,will not be marred by skateboards,and will be resilient and less
expensive than an asphalt court.
Action Taken:Mr.Pearce moved that staff be authorized to call for bids for the Tennis Court Project,
seconded by Dr.Covey,and passed unanimously.
STREET SWEEPER AND DUMP TRUCK/PERSONNEL
Staff requested authorization to call for bids for a mechanical street sweeper and a 10 yard dump truck (3Z&-'
equipped with a plow and sander.Authorization was also requested for another employee in the Street /QI /
Department in order to be able to operate the equipment.
Joseph K.Gavinski,City Manager,stated that staff would prefer a 5 yard dump truck as the city already
possesses a 10 yard dump truck.
Action Taken:Mr.Reese moved that staff be authorized to call for bids for a mechanical street sweeper
and a 5 yard dump truck to be equipped with a plow and sander,seconded by Mr.Nichols, and passed
unanimously.
Action Taken:Mr.Reese moved that authorization be given to hire another person in the Street
Department,seconded by Dr.Covey,and passed unanimously.
VIII.REFERRALS FROM COMMISSIONS
HAYDEN CAMPUS 2ND ADDITION
Phil Bloom,Columbia Northwest Engineering,has submitted a preliminary plat for a 38 lot major plat.The
proposed plat is a portion of Parcel H of the South Campus Binding Site Plan. The area is zoned R-1,
Single Family Residential.
Action Taken:Mr.Rimple moved that the preliminary plat be approved and the Findings of Fact be
accepted,seconded by Mr.Nichols, and passed unanimously.
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CITY COUNCIL MINUTES:4 March 11,1997
TARA HEIGHTS PRELIMINARY PLAT -VARIANCES
Fred Skinner,Western Pacific Engineering,submitted a request to defer improvements associated for the
Tara Heights Short Plat located on Mackin Lane.This is a replat of three existing lots into two lots.As
the property was originally platted in 1954 and does not meet current code in some respects,the following
variances are being requested:lot depth,minimum right-of-way street width,street improvements from
current city standards,street monuments,and mapping of the shoreline.The Planning Commission
recommended that the variances be granted with the stipulation that a covenant be required for the
improvements at a future date.
Gary Harer, Municipal Services Director,stated that the variance to the lot depth is for Lot 1;,the variance
for the street improvements is because the right-of-way is 50'with a planter strip and includes curb and
sidewalk;and the variance on the monument is to install a flush mounted monument without a monument
case.He stated that the variance for the mapping of the shoreline is no longer needed as the develoepr
has complied with this requirement.
Mr.Skinner stated that the monument has been installed and he did not feel a monument case was
needed at this time.The cost to install the monument case is between $500 and $600 and it could be
done when the street improvements are required.
There was some discussion on the need for a covenant for the improvements in this area and it was the
consensus of the Council that since the street improvements are already existing, a covenant would not
be necessary.
Action Taken:Mr.Pearce moved that the variances be granted except for the variance requested on the
street monument,seconded by Dr.Covey,and passed unanimously.
ORDINANCE -VFW ZONE CHANGE -1ST READING
The VFW Post #5926 has requested a rezone of the Club Addition,VFW Short Plat and Tax #'s 11624,
10663,and 8092 to C-2,General Commercial and Business.The properties are located at 424 S.
Burress. Currently,these properties are zoned R-3,Multi-family Residential and Public and are used by
the VFW Post forclub affiliated activities.The VFW Lodge is located on the Club Addition and the VFW
Short Plat. The remaining tax numbers are undeveloped and used primarily for additional VFW club
parking.The VFW would like to utilize the property to conduct outdoor seasonal sales which are prohibited f\
in the R-3 zone.Surrounding land uses in the area include commercial development fronting Broadway ''
and Burress,the Larson Playfield,Peninsula School,and residential uses offofMain and Basin.The VFW
properties are contiguous to C-2, R-3, and Public zoned properties.The Planning Commission recom
mended that the zone change request be granted.
The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only.
Action Taken:Mr.Reese moved that the first reading of the ordinance be granted and a second reading
and a public hearing be set for March 25,seconded by Mr.Chapman, and passed unanimously.
Q>Q ORDINANCE -ZONE CHANGES/ZONING MAP -1ST READING
An ordinance was presented which amends the city's zoning map and adopts the 1996 digitized zoning
map as the official zoning map forthe City of Moses Lake. In digitizing the 1976 comprehensive zoning
map with amendments,it was discovered that certain zoning conflicts existed. This ordinance goes on
to amend those conflicts. The amendment to the zoning map accomplishes the following zone changes:
1) Parksites; 2)Well and Reservoir Sites; and 3)Incompatible Zoning and LandUses. Parks sites and
welland reservoirsites are set forth as public zones.These public zones are municipally owned orleased
and withoutthis amendment to the zoning map are not reflected as beingzoned public.The incompatible
zoning category takes into account various zone changes that are recommended to bring land uses into
conformitywith properzoning. Manyof these propertiesare presently split by two separate zones which
creates a zoning conflict.
The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code entitled "Zoning Districts
and Map"by amending the zoning map and adopting the 1996 digitized Zoning Map in its entirety was
read by title only.
Gary Harer,Municipal Services Director,explained the zoning changes proposed.
Action Taken:Mr.Rimple movedthatthe first reading ofthe ordinance be adopted anda second reading
and a public hearing be set for March 25, seconded by Mr.Chapman,and passed unanimously.
^y ORDINANCES -BUILDING HEIGHTS -1ST READING
Ordinances were presented which amend the height standards in the R-1,R-2, and R-3 zones. The
Planning Commission recommended that the ordinances be adopted.
Gary Harer,Municipal Services Director,explained the changes proposed inorderto allow a structureto
exceed the existing 30'height limitation in the residential zones.
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CITY COUNCIL MINUTES: 5 March 11, 1997
There was some discussion by the Council on the proposed changes.
The ordinance amending Chapter 18.16 of the Moses Lake Municipal Code entitled"R-1,Single Family
Residential Zone"was read by title only.
Action Taken:Mr.Pearce moved that the ordinance be amended by eliminating the last sentence in
18.16.240 and the first reading of the ordinancebe adopted and the second reading and a public hearing
be set for March 25,seconded by Mr.Nichols,and passed unanimously.
The ordinance amending Chapter 18.19 of the Moses Lake Municipal Code entitled "R-2, Single Family
and Two Family Residential Zone"was read by title only.
Action Taken:Mr.Rimple moved that the ordinance be amended by eliminating the last sentence in
18.19.240 and the first reading of the ordinance be adopted and the second reading and a public hearing
be set for March 25,seconded by Dr.Covey,and passed unanimously.
The ordinance amending Chapter 18.22 of the Moses Lake Municipal Code entitled "R-3,Multi-family
Residential Zone"was read by title only.
Action Taken:Mr.Rimple moved that the ordinance be amended by eliminating the last sentence in
18.22.240 and the first readingof the ordinance be adopted and the second readingand a public hearing
be set for March 25,seconded by Mr.Rimple, and passed unanimously.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
SPRING CLEAN UP
Lakeside Disposal and Recycling has again offered to participate with the city and Grant County in the
1997 Annual Spring Cleanup.Lakeside Disposal has agreed to split the cost with the city and the city's
share should be about $3,000.
Action Taken:Dr.Covey moved that the city participate in the 1997 Annual Spring Cleanup scheduled
for April 19 and April 26,seconded by Mr.Reese,and passed unanimously.
,.BIG BEND ECONOMIC DEVELOPMENT COUNCILKJ /03A
The Big Bend Economic Development Council has indicated that the city's dues for 1997 will be $6,565.
Action Taken:Mr.Rimple moved that the City Manager be authorized to pay the dues,seconded by Mr.
Nichols,and passed unanimously.
1997 OIL REBATE COMPETITIVE GRANT
/D/cs
Authorization was requested by staffto submit 2 applications for the 1997 Oil Rebate Competitive Grant -
one for the Valley Road/Airway Drive project and one for completing several bike paths.
Action Taken:Mr.Reese moved that staff be authorized to submit two applications for 1997 Oil Rebate
Competitive Grants,seconded by Mr.Rimple,and passed unanimously.
X.COUNCIL QUESTIONS AND COMMENTS
GRANT TRANSIT AUTHORITY
Mr.Chapman requested that he be removed as a representative to the Grant Transit Authority and that /''^
Mr.Nichols be appointed.
Mr.Nichols stated that he would be willing to represent the Council on the Grant Transit Authority Board.
PARK AND RECREATION COMMISSION
\)Mr.Jackson stated that there are two openings on the Park and Recreation Commission and requested
interested individuals to send a letter of interest to the city.
XI.CITY MANAGER REPORTS AND COMMENTS
BUILDING ACTIVITY REPORT
Joseph K.Gavinski,City Manager, distributed the building activity report for February 1997.
HOTEL/MOTEL TAX
Joseph K.Gavinski,City Manager,stated that HB2038,which will allow the city to impose an additional i U
hotel/motel tax,has passed out of committee.
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CITY COUNCIL MINUTES:6 March 11,1997
BENNETT CONDITIONAL USE PERMIT
Joseph K.Gavinski,City Manager,mentioned that the Planning Commission considered and denied the
request by Mr.Reuter to revoke the conditional use permit.Staff informed Mr.Reuter of the decision of
the Planning Commission and forwarded to Mr.Reuter copies of ordinances requested by Mr.Reuter.He
pointed out that under the existing requirements,a garage is not required in an R-3 Zone.He also pointed
out that the decision to revoke a conditional use permit is a legislative action not an option on the part of
the permittee.
There was some discussion by the Council.No action was taken by Council.
RESERVOIR #8
Mr.Jackson stated that the Washington State Potato Commission had requested they be allowed to paint
their logo on Reservoir #8. Indiscussing itwith staff it was pointed out that the city would probably receive
requests from many organizations to paint their logos on the city's towers.
It was the consensus of the Council that the request be denied.
The regular meeting was recessed at 9:00 p.m.and the Council met in an executive session to discuss
labor relations.The executive session was adjourned at 9;30 p.m.and the regular meeting was
reconvened.The regular meeting was adjourned at 9:30 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 HAYDEN CAMPUS
SECOND ADDITION MAJOR PLAT
HAYDEN CAMPUS 2ND ADDITION
FINDINGS OF FACT,CONCLUSIONS,
AND DECISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A public meeting was held upon proper notice before the Commission on January 30,
1997.
1.2 Proponent.Hayden Enterprises is the proponent of this plat.
1.3 Purpose.The proponent has submitted a plat for property which is legally described upon
the plat. City staff has confirmed the property described on the plat is the property submitted
for 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.
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 R-1,Single Family Residential.
2.3 The development is consistent with the Comprehensive Plan
2.4 The development is a continuation of a residential development
2.5 The development is consistent with existing zoning
2.5 There were no objections to the plat from the public.
2.6 The development is in the best interests of the public.
2.7 The unusual physical characteristics ofthe property warrant the granting of the variances to
accommodate the lot design.
3.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 recom
mend to the City Council the advisability of approving a plat.
3.2 The plat is properly before the Commission for its recommendation.
M 3.3 It is proper at this time forthe Planning Commission to make a recommendation on this plat.
3.4 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 City Council ofthe City of Moses Lake that
the plat be approved.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date. A public meeting was held upon proper notice before the Council on March 11,1997.
5.2 Proponent. Hayden Enterprises is the proponent of this plat.
5.3 Purpose. The proponenthas submitted a preliminary platfor property legally described upon
the plat.Citystaff has confirmedthe property described on the platisthe property submitted
for platting.
5.4 Evidence. The Council considered the following materials in reaching its decision:fi
A.The submitted plat.
B.Testimony from the proponent.
C. Written comments from various parties.
D.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 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 preliminary 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 preliminary plat.
8.DECISION.
The City Council of the City of Moses Lake agrees with the recommendation of the Planning
Commission and approves the preliminary plat along with the following variances,which were
approved at the February 25,1997 meeting:
8.1 Variances to lot configurations for Lots 2 - 9 of Block 1; Lots 4 - 8 of Block 2; and Lots 4 &
5 of Block 3
8.2 A variance to the lot design standards for Lot 5,Block 2
8.3 A variance to allow the deferral of the construction of a cul-de-sac at the end of Husky Drive
for three years with the stipulation that a bond be provided for the improvements
8.4 A variance to the minimum tangent length on center line curves within the plat
Dated:March 11,1997
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