1996 11 125177
MOSES LAKE CITY COUNCIL
November 12,1996
Council Present:Daryl Jackson, Ron Covey,Wayne Rimple,Grant Nichols,Bob Chapman,Bill Reese,
and Richard Pearce
MINUTES:Mr.Pearce moved that the minutes of the October 22 meeting be approved as submitted,
seconded by Mr.Rimple, and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
(j Action Taken:Mr.Chapman moved that the bills,checks,and prepaid claims issued be approved,
seconded by Mr.Nichols, and passed unanimously.
Vouchers audited and certifiedby the Finance Director as required by RCW 42.24.080, 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 November 12, 1996 for the funds listed below are approved in the amount of
$1,134,985.23.
GENERAL FUND $41,816.54 WATER/SEWER CONSTRUCTION 116,995.12
STREET 15,213.56 SANITATION FUND 80,228.55
STREET REPAIR/RECON 12,636.69 AIRPORT 393.85
CAPITAL 15.05 UNEMPL COMP INS 2,966.60
STREET IMPROVEMENT 3,298.20 CENTRAL SERVICES 27,233.13
PARK &REC.IMPROVEMENT 37,945.76 EQUIP RENTAL-OPERATIONS 28,663.05
CENTRAL DRIVE LID 27,175.98 BUILD MAINT-OPERATIONS 16,700.09
WATER/SEWER FUND 18,207.92 FIREMANS PENSION 72.00
1985 BOND RESERVE 700,796.25 M. L YPTF 4,626.89
TOTAL $1,134,985.23
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 $633,818.91 for all funds.
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GENERAL FUND $15,153.12 WATER/SEWER FUND 25,802.76
STREET 46.62 SANITATION FUND 7,273.09
BASIN HOMES BLOCK GRANT 30,725.00 CENTRAL SERVICES 205.32
CAPITAL 9,694.25 EQUIP RENTAL-OPERATION 23,167.13
STREET IMPROVEMENT 87,953.47 BUILD MAINT-OPERATIONS 3.26
PARK AND REC.IMPROVEMENT 31,286.76 TOTAL $231,310.78
Checks:Checks 10602 through 10698 issued on October 23,1996 were approved for payment at the
Council meeting held on November 12, 1996 in the total amount of $189,860.54.
Payroll:The payroll issued on October 31,1996 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 97589 through 97604 in
the amount of $8,212.47.
Payroll:The payroll issued on November 1,1996 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 97605 through 97771 in
the amount of $123,112.73.
I.CITIZEN INPUT -None
PROCLAMATIONS
The proclamation declaring Thursday,November 21,1996 as "Great American Smokeout Day"was read
in its entirety.
The proclamation declaring the month of November 1996 as "National Home Care Month"was read in its
entirety.
The proclamation declaring November 17-23,1996 as "American Education Week" was read in its
entirety.
II.PRESENTATIONS
Parks and Recreation Department:Ann Newell,Museum &ArtCenter Director,was introduced to the J/0 v
Council.
Finance Department:Gary Sielaff,Asst.Finance Director for Data Processing,was introduced to the //3 (#
Council.
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CITY COUNCIL MINUTES:2 November 12,1996
III.CONSENT AGENDA
,;p if Laguna West 1st Addition Preliminary Plat -Set Date to Consider The Council set November 26 asthe
''date to consider the Laguna West 1st Addition Preliminary Plat.
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Resolution - Special Counsel -Main Fire Station: A resolution was presented which provides forthe hiring
of Rose Marie Van Winkle and the law firm of Preston Gates & Ellis as special counsel for the issuance,
sale,and delivery of the FmHA bonds and bond anticipation notes.
Resolution - Block Grant: A resolution was presented which authorizes the City Manager to apply for a
Community Development Block Grant for the Longview Tracts area.
Resolution - Grant Easement - PUD: A resolution was presented which grants an easement to the PUD
for electrical service for the new Grape Drive ballfields.
Action Taken:Dr.Covey moved that the Consent Agenda be approved,seconded by Mr.Chapman,and
passed unanimously.
IV.CONSIDERATION OF BIDS -None
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
HEARTHSTONE INN -SIGN OVER CITY RIGHT-OF-WAY
Bill Wagner,Hearthstone Retirement Inn,requested that the existing Hearthstone sign on the corner of
Pioneer and Olive be allowed to remain even though it encroaches 18" into the right-of-way of Pioneer
Way.
Action Taken:Mr.Rimple moved that the request to encroach into city right-of-way for the existing
Hearthstone Retirement Inn sign be granted provided the city is indemnified against any loss due to the
placement ofthe sign,seconded by Mr.Chapman,and passed unanimously.
DESERT OASIS -KINDER ROAD IMPROVEMENTS
Desert Oasis has requested the city to consider upgrading Kinder Road at this time to current city f^
standards.
Ron Baker,Boundary Engineering,representing the project,distributed some cost estimates on the
construction of Kinder Road full width to city standards from Longview Street to Miller Street.This cost
estimate showed the city's cost to be $77,495 and the developer's cost to be $17,570.
There was some discussion by the Council.
Mr.Baker stated that because ofthe possibility ofa Community Development Block Grant in the Longview
Tracts area,an alternative would be to construct the sewer main and side laterals on Kinder and install
two travel lanes,leaving the curbs,gutters,and sidewalks to be constructed at a later date.Itwould cost
the city approximately $5,200 to construct the sewer side laterals.
Action Taken:Mr.Chapman moved that staff work with the developer for the installation of side sewers
and two water services on Kinder Road with the city to pay the cost for the side sewers and water
services,seconded by Mr.Reese,and passed unanimously.
USE OF CITY PROPERTY -BASSANO'S PIZZERIA
Pat Fale requested the closure of Third Avenue from Beech to the Post Office parking lot in front of
Bassano's Pizzeria in order to have a street dance on November 17, 1996 from 6 p.m. to 8 p.m. This is
a benefit dance for Maurice Bottocchio, owner of Bassano's Pizzeria, who lost his leg in a hunting
accident.
Mr.Falestated thattwo county fire trucks will be used to blockoffthe street. This is a family street dance s-\
and will be chaperoned.
Action Taken:Mr.Pearce moved that the request be granted,seconded by Mr.Nichols,and passed
unanimously.
AKZO NOBEL -WATER SERVICE
Roger Harcrow,Akzo Nobel,is requesting an adjustment in the surcharge the city charges Akzo Nobel
for waterusage. This request is based on the factthat additional equipment is needed to utilize the water
from Well#17 and the factthat 40% more water than actually needed will be required inorderto use the
water from Well #17.
It was pointed out that an ordinance amendment would be required in orderto reduce the amount of the
surcharge.
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CITY COUNCIL MINUTES:3 November 12, 1996
Joseph K.Gavinski, City Manager,stated that there is a 25% surcharge for those users of the water
system outside the city limitsand another 25% surcharge that is forthe payment of the reservoirthat was
constructed in this area.
It was the consensus of the Council that this request be taken under advisement.
ORDINANCE -WUTZKE ZONE CHANGE -1ST READING/PUBLIC HEARING
Thomas Wutzke has applied fora rezone from R-1 and R-3 to C-2, for propertywithinTracts 64 and 65
\i of Battery Orchard Tracts. The purpose of the request is to construct a convenience store, carwash, gas
station, and mini-lube on 1.52 acres of land.The property is located south of Wanapum Drive and
between Lakeshore and Wapato Drives.Itis the remainderof landnot acquired by the Washington State
Department of Transportation for right-of-way for the proposedS.R.171 (Broadway)/l-90 interchange pro
ject. The Comprehensive Plandesignation forallof the peninsula south of I-90,except forPeninsula Park,
is Residential. The Planning Commission recommended that the zone change request be approved with
the stipulation that a concomitant agreement be drafted forthis project. A concomitant agreement would
require that the proposed development and no other be constructed on the property.
Gary Harer,Municipal Services Director,mentioned that the Department of Transportation has indicated
that the proposed interchange has not been funded through 1999.
Jeff Moore,Apex Engineering,representing the project,presented an aerial photo of the area with an
overlay showing the new interchange and the area of the proposed project. He mentioned that itis hoped
the project will go to bid in 1997 and be constructed in 1998.The rezoning is requested so that the
development of the property can be coordinated with the development of the interchange. The property
will be isolated between the new on-ramp and Broadway and Wanapum Drive. He distributed a draft
concomitant agreement which would attach to the property.The agreement is essentially a covenant that
requires only the proposed project to be constructed and ties the project to the construction of the new
interchange.
The public hearing was opened.
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Joyce Rector,3312 W Lakeshore,was concerned that granting the rezone would allow for additional
property on the lower peninsula to be changed to a commercial zone.She was opposed to the zone
change.
Ernie Webber,3319 Lakeshore Drive,was opposed to the rezone as he felt commercial development
should remain north of the freeway.
Action Taken:Mr.Pearce moved thatthe public hearing be closed,seconded by Mr.Rimple,and passed
unanimously.
There was some discussion by the Council.
The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be denied,seconded by Dr.
Covey,and passed with Mr.Reese opposed.
VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -1997 TAX REVENUE -2ND READING
An ordinance was presented which fixes the estimated amount to be received by the city from property
taxes in 1997.
The ordinance fixing the estimated amount to be received for municipal purposes from taxations on
assessed valuations on property within the City of Moses Lake,Washington for 1997 was read by title
only.
\^J Action Taken:Mr.Rimple moved thatthe second reading ofthe ordinance be adopted,seconded by Dr.
Covey,and passed unanimously.
ORDINANCE -ADOPT 1997 BUDGET -1ST READING
An ordinance was presented which sets the budget for the city for 1997./DI&
Glenna Bingham,534W.Pine,requested that the City Council consider funding automaticdoors at the
public library in the 1997 budget.
Anne O'Malley,1249 Nanto Road,requestedthat automatic doors at the library be funded in the 1997
budget.Automatic doors would allow greater usage of the public library by handicapped persons.
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CITY COUNCIL MINUTES:4 November 12,1996
The ordinance adopting the budget forthe City of Moses Lake,Washington forthe year of 1997 was read
by title only.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.
Nichols, and passed unanimously.
ORDINANCE -PARKING REGULATIONS -1ST READING
An ordinance was presented which prohibits parking except for legally designated handicapped vehicles
incertain designated areas of Ash Street and Division.The changes inthe handicapped areas are a result
of changing Ash and Division to two way streets.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations"
was read by title only.
Action Taken:Dr.Covey moved that the first reading of the ordinance be adopted,seconded by Mr.
Reese,and passed unanimously.
ORDINANCE -ADJUST CORPORATE BOUNDARIES -1ST READING
An ordinance was presented which adjusts the corporate boundaries by disincorporating that portion of
Nelson Road inside the city limits and incorporating the west 60' of Lot 11,Wiser Commercial Park into
the city's limits.
Joseph K.Gavinski,City Manager,stated that the County Commissioners will also have to pass an
ordinance agreeing to these changes before they become effective.
The ordinance adjusting corporate boundaries of the municipality pursuant to RCW35A.21.210 was read
by title only.
Action Taken:Mr.Rimple moved that the first reading of the ordinance be adopted,seconded by Mr.
Reese,and passed with Dr.Covey opposed.
ORDINANCE -MARINA SHORES PURD PRELIMINARY PLAT -SINGLE READING
An ordinance was presented which amends the ordinance establishing the Marina Shores Planned Unit
Residential Development District by establishing lot sizes,lot configuration, and total number of lots for
the plat.The ordinance also allow monuments and monument cases to be set at street intersections and
at street centerline points of intersection.
Gary G.Harer,Municipal Services Director,stated that the changes are needed in order to complete the
construction plans and to set the lots as shown on the submitted map.
The ordinance amending Ordinance No.1740 creating a planned unit residential development district of
Moses Lake pursuant to Moses Lake Municipal Code 18.22.020 (8) and Moses Lake Municipal Code 18.67
was read by title only.
Action Taken:Mr.Reese moved that the ordinance be adopted on a single reading,seconded by Mr.
Rimple, and passed unanimously.
VII.REQUESTS TO CALL FOR BIDS -None
VIII.REFERRALS FROM COMMISSIONS -None
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
STRATFORD ROAD ESTATES -WATER LINE
Mr.Chapman stated that he may have a conflict of interest on this item and exited the room.
Phil Bloom,Columbia Northwest Engineering,has requested direction from the Council concerning the
extension of citywaterto Gilbert Levander's project on Stratford Road. Itis requested thatthe required
fire hydrants between Longview School and the entrance to Stratford Road Estates be waived at this time
and that the city participate in the oversizing of the water main from 8" to 12".
There was some discussion by the Council on the cost of the water mainand the required fire flow.
Action Taken:Mr.Pearce moved that the request be tabled,seconded by Dr.Covey, and passed with
Mr.Chapman abstaining.
|/^DRIVEWAY VARIANCE -BLOCK STREET
Staff is requesting that a 20'driveway on property owned by Stan Aeck be placed within 10' of the fire
station property line rather than the required 20'from the property line.
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CITY COUNCIL MINUTES:5 November 12,1996
Gary G.Harer,Municipal Services Director,statedthatthe plans showedthe driveway to be 20*from the
property line but at the time of construction itwas discovered that a water meter would be within the
driveway so the driveway was relocated.
Action Taken:Mr.Pearce moved that the variance be granted,seconded by Mr.Nichols,and passed
unanimously.
DRIVEWAY VARIANCE -PENHALLLURICK - E.BROADWAY
Richard Penhallurick requested a variance of the community standards in order to allow a road type
driveway forhis property located at 3460 E.Broadway.
Mr.Penhalllurick pointed outthat sidewalk,curbs,and gutters are being installed in front of his property.
He felt the sidewalk was premature as the property is undeveloped at this time and the sidewalks will
probably havetobe removed atthetime of development ofthis property.He requested that the sidewalk
not be constructed and a driveway variance be granted.
Gary G.Harer,Municipal Services Director,stated that the staff has no problem with a curb return
driveway but any buildings constructed on the property would be set back far enough notto affectthe
sidewalk.He pointed out that E.Broadway has a 100*wide right-of-way.He stated that sidewalk is
currently proposed to be constructed through Mr.Penhallurick's property on both sides of E.Broadway.
There was some discussion by the Council on the request to not construct the sidewalks.
Action Taken:Mr.Pearce moved that the request for a driveway variance be granted,seconded by Mr.
Nichols, and passed unanimously.
Action Taken:Mr.Pearce moved that the request to not construct sidewalks be denied,seconded by Mr.
Chapman,and passed unanimously.
FIRING RANGE ANNEXATION
The City of Moses Lake has submitted a Notice of Intent to Annex municipally owned property in the
Larson Base area,located east of Randolph Road,and north ofTyndal Road.The Planning Commission
recommended that the Notice of Intent to Annex be accepted.
Action Taken:Mr.Rimple moved that the Notice of Intent to Annex be accepted,the zoning regulations
shall be adopted,and the city shall require the assumption of all or any portion of existing,indebtedness,
seconded by Mr.Reese,and passed unanimously.
X.COUNCIL QUESTIONS AND COMMENTS -None
XI.CITY MANAGER REPORTS AND COMMENTS
HUMANE SOCIETY
Joseph K.Gavinski, City Manager,stated that the Humane Society is requesting a 5% increase in the
amount the city pays to the Humane Society.
Bill Rhoades,representing the Humane Society,pointed outthatthe city did not increase its contribution
last year sothe requested increase isonly 2Vz%per year.He stated that more volunteers are being used
which reduces the salary cost but other costs have risen.He stated that the county increased their
contribution last yearanda 5%increase is also being requested this year.
Mr.Pearce mentioned that the Humane Society does a good job but felt that the county should at least
equal what the city pays to the Human Society.
Mr.Jackson pointed outthatthe countyhas employedan animal control officer.
Action Taken:Mr.Rimple moved that the 5%increase to the Human Society be approved with the
\^J stipulation that the county also increase its contribution by 5%,seconded by Mr.Pearce,and passed
unanimously.
INVESTMENT REPORT
Joseph K.Gavinski,City Manager,stated thatthe cityreceived$79,781.93 ininterestincome for October
1996.
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BUILDING ACTIVITY
Joseph K.Gavinski,City Manager,distributed the October 1996 building activity report./030 A
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CITY COUNCIL MINUTES:6 November 12. 1996
TCE LEVELS
Gary G.Harer,Municipal Services Director,reported that the city has taken samples from the wells in the
base area in order to check for TCE levels and no TCE's were found.
LARSON/KNOLLS VISTA WELL
Gary G.Harer,Municipal Services Director,stated thatthe city has discontinued the use of chlorine in the
wells in the Larson and Knolls Vista area.Chlorine will again be used in the spring.
BLOCK/FIFTH STREETS
Gary G.Harer,Municipal Services Director,stated that the city encountered problems with ground water
during the improvements to Block and Fifth Streets and because of the fall season,the streets will be
paved in the spring.
THIRD/BROADWAY COUPLE
Gary G.Harer,Municipal Services Director,statedthatthe city has been informed thatthe Department
ofTransportation will not approve a one way couple for streetswith split jurisdiction -Broadway is under
state jurisdiction and Third is under city jurisdiction.There are funds available for a traffic study but since
theone way couple isa major part ofthe traffic circulation,the city did not want to spenta lot of money
on the study if the DOT will not approve the one way couple.It is suggested that a meeting be held
between the city and the Department of Transportation to discuss some of the issues involved.
It was the consensus of the Council that a meeting be held between the city and the Department of
Transportation to discuss the issues.
The regular meeting was recessed at 9:30 p.m. and the Council met in an executive session to discuss
personnel matters. 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:Mayor ^7 /^N
Finance Director
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
)
IN THE MATTER OF THE WUTZKE ) NO. ZC 96-3
ZONE CHANGE )
)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 October
10,1996.
1.2 Proponent.Tom Wutzke is the proponent of this zone change.
1.3 Purpose.The proponent has requested a zone changeof property located in a portion
of Battery Orchard Tracts 64 and65 from R-1,Single Family Residential,and R-3,Multi-
family Residential to C-2,General Commercial and Business.
1.4 Evidence. The Commission considered the following materials in reaching its decision.
A. The application of the proponent forthe 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.
K^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 There has been a change of circumstances and character of the property.
2.6 The property is not conducive to residential development.
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 forits recommen
dation.
3.3 Itis proper at this time forthe 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.
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 oftheCity of Moses Lake totheCity Council ofthe City of Moses Lake that
the request for a rezone of this property be granted.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date.A public hearing was held upon proper notice before the City Council on November
12,1996.
5.2 Proponent. Tom Wutzke is the proponent of this rezone.
5.3 Purpose. The City Council considered the request fora 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.
C.Comments from the public.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.O
Based upon the evidence presented to them,the City Council madethe following findings of fact:
2.1 The proponent is the ownerof property legally described above.
2.2 The property is unplatted.
2.3 The zone change is not consistent with the Comprehensive Plan.
2.4 The zone changeis not in the public interest and will not benefit the public welfare.
2.5 There has been noa changeof circumstances or character of the property.
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 Cityof Moses Lake is vested withthe 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 Itis proper at this time forthe City Council to make a decision on this rezone request.
8.DECISION OF THE CITY COUNCIL.^
The City Council of the City of Moses Lake disagrees with the recommendation of the Planning
Commission and denies the zone change request.
Dated:November 12,1996
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Darvj^flackson,Mayor
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