1996 09 105156
MOSES LAKE CITY COUNCIL
September 10,1996
Council Present:Daryl Jackson,Ron Covey,Wayne Rimple,Grant Nichols, Bob Chapman,Bill Reese,
and Richard Pearce
MINUTES:Mr.Pearce pointed out that the minutes of the August 27 meeting should be changed to reflect
that the request for water service by Gilbert LeVander included the requirement to stub out the septic
systems to the street for convenient hook up to a sanitary sewer when it becomes available.
Action Taken:Mr.Pearce moved that the minutes be tabled until the water service to Gilbert LeVander's
i)property is clarified,seconded by Dr.Covey,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Chapman moved that the bills,checks,and prepaid claims issued be approved,
seconded by Mr.Nichols, and passed with Mr.Rimple abstaining from voting for that portion of the bills
to 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 September 10, 1996 for the funds listed below are approved in the amount of
$313,185.85.
GENERAL FUND
PATHS &TRAILS
STREET
STREET REPAIR/RECON
STREET IMPROVEMENT
PARK &REC.IMPROVEMENT
CENTRAL DRIVE LID
WATER/SEWER FUND
v>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 $8,510.37 for all funds.
GENERAL FUND $3,916.92 CENTRAL SERVICES 11.65
EQUIPMENT LEASES 3,598.74 EQUIP RENTAL-OPERATIONS 9.31
WATER/SEWER FUND 9793.75 TOTAL $8,510.37
Checks:Checks 10001 through 10098 issued on August 28, 1996 were approved for payment at the
Council meeting held on September 10,1996 in the totalamount of $479,564.28.
Payroll:The payroll issued on August 30,1996 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 96696 through 96711 in
the amount of $8,366.13.
Payroll:The payroll issued on September 6,1996 havingbeen approved pursuantto the ruleof the City
Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 96712 through 96956 in
the amount of $238,704.36.
PROCLAMATION
The proclamation declaring September 26,1996 as Reverend General Jackson Day was read in its J/3A
entirety.
I.CITIZEN INPUT -None
II.EMPLOYEE PRESENTATIONS -None
III.CONSENT AGENDA
Resolutions -Accept Donation:Resolutions were presented which accept $2,000 from the Taishin Youth JO V&
Members and $1,000 from the Tsubaki Family for youth educational programs.
Havden Estates - Set Date to Consider September 24 was set as the date to consider the Hayden J/£fa
Estates First Addition Preliminary Plat.
Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Reese,and
passed unanimously.
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38,836.54 WATER/SEWER CONSTRUCTION 4,597.04
2,313.82 SANITATION FUND 83,194.84
6,900.01 AIRPORT 225.12
.53 CENTRAL SERVICES 11,298.76
24.46 EQUIP RENTAL-OPERATIONS 20,661.96
66,370.30 BUILD MAINT-OPERATIONS 16,288.46
35,964.55 FIREMANS PENSION 75.00
22,504.02 M.L.YPTF 3,930.44
TOTAL $313,185.85
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CITY COUNCIL MINUTES: 2 September 10,1996
IV.CONSIDERATION OF BIDS
WELL 7
Staff recommended that the bid for the Well 7 repair project be awarded to Irrigators,Inc.
Action Taken:Mr.Nichols moved that the bid for the repair of Well 7 be awarded to Irrigators,Inc. in the
amount of $268,320.38,seconded by Mr.Pearce,and passed unanimously.
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS ^
APCI -REQUEST FOR CITY SERVICES
Air Products and Chemicals,Inc. (APCI) has requested city water and sewer at their facility at 3382 Road
N NE.
John McPeak,ASMI,stated that they contracted with APCI to construct a gas bottling facility on ASMI
property.As part of the lease agreementAPCI was to tie into the water and sewer facilities serving ASMI.
They have been informed that APCI needs to apply for the sewer tap and pay the fees and hook up
charges.This service would require the execution of an Extra Territorial Utility Agreement for the 2.5
acres occupied by APCI, not the entire property owned by ASMI.
James A.Whitaker,City Attorney,stated that ifthe property is platted there is no problem with having an
agreement with a specific plat. In this case,the staffs interpretation is that the Extra Territorial Utility
Agreement would apply to the entire piece of property, not just that portion that APCI is utilizing.
There was some discussion by the Council.
Action Taken:Mr.Chapman moved that the request to extend water and sewer service to the property
occupied by APCI on Road N NE be granted with the stipulation that the property owner sign an Extra
Territorial Utility Agreement,seconded by Mr.Rimple, and passed with Mr.Reese opposed.
FIREWORKS
Paul Fabian,1617 S.David Street, requested that the Council consider changing the ordinance relating r^s
to the discharge of fireworks inside the city limits. He felt that fireworks in residential areas are dangerous
as they can start fires,cause injuries, and cause property damage.
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It was the consensus of the Council to take this request under advisement.
i\BUILDING HEIGHT AMENDMENT
Dr.David Earl requested the Council consider raisingthe height limitations in the residential zones of the
city. He pointed out that the architecture of many new homes provides fora steep pitch to the roofwhich
puts the home over the 30'height limit.
Jack St.Marie,builder,stated that the Building and Planning Division cannot approve the house plans
since the house exceeds the city's height requirements. He pointed out that larger homes are being built
withmuch steeper roofpitches. The city's currentladdertruckcouldeasily handlethe extra heightof the
new homes. He submitted a survey that was taken of the cities in EasternWashington and their current
height limitations.
Shirley Kvamme pointedout that the height limitation was discussed many years ago and the only reason
forthe 30'height was because the city had no ladder truck.
Mr.Pearce felt thatthe 30' heightwas because of views notnecessarilythe safety issue. He pointed out
thatthe Council previously denied the request because of the view issue rather thanthe safety factor.
There was some discussion by the Council.
Action Taken:Mr.Reese moved that staff bring back an ordinance which raises the height to 35'in '<
residential zones, seconded by Dr.Covey, and passed unanimously.
VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -CENTRAL DRIVE WATER/SEWER REIMBURSEMENT -2ND READING\0^An ordinance was presented which establishes the reimbursements required for the water and sewer
improvements constructed as part of the Central Drive project.
The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer
Connections"was read by title only.
Action Taken:Mr.Pearcemovedthatthe second reading of the ordinance be adopted,seconded by Mr.
Chapman, and passed unanimously.
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5158
CITY COUNCIL MINUTES:3 September 10,1996
ORDINANCE -CERTIFICATE OF OCCUPANCY -2ND READING
An ordinance was presented which establishes regulations pertaining to the issuance of Certificates of /O <?Co
Occupancy.
The ordinance creating Chapter 16.13 of the Moses Lake Municipal Code entitled "Certificate of
Occupancy"was read by title only.
Action Taken:Mr.Chapman moved that the second reading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
ORDINANCE -VACATE A PORTION OF REAUGH ADDITION -2ND READING //J?6?
.An ordinance was presented which vacates the portion of Reaugh Addition dedicated for public park
purposes and retains the title for the City of Moses Lake.
The ordinance vacating a portionof Reaugh Addition was read by title only.
Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr.
Nichols, and passed unanimously.
ORDINANCE - FIXING 1997 TAXATION -1ST READING ^#
An ordinance was presented which fixes the estimated amount to be received form municipal purposes
from assessed valuations on property within the City of Moses Lake.
The ordinance fixing the estimated amount to be received from municipal purposes form taxations on
assessed valuations on property within the City of Moses Lake,Washington for 1997 was read by title
only.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Dr.
Covey,and passed unanimously.
VII.REQUESTS TO CALL FOR BIDS -None
VIII.REFERRALS FROM COMMISSIONS
\J SAGE BAY #8 FINAL PLAT /£?£>
Phil Bloom,Columbia Northwest Engineering,has submitted a final plat for a 42 lot major plat located off
of Windrose Drive.The proposed subdivision will be served with city water and sanitary sewer.The
original Sage Bay #8 preliminary platapproval was fora 150 lot major plat,which has been amended as
submitted.The Planning Commission recommended that the final plat be approved.
Action Taken:Mr.Reese moved that the final plat be approved with the stipulation that a covenant be
required forthe improvements to Paxson Drive,the findings of factbe accepted, and the comments of the
City Engineer be addressed,seconded by Mr.Chapman,and passed unanimously.
ORDINANCE -COMMERCIAL STREET VACATION -1ST READING
An ordinance was presented which vacates a portion of Commercial Street located behind Les Schwab
Tires Short Plat.The vacation of the street would landlock two parcels of property, but since they are
owned by the company requesting the vacation, it should not create any problems. The Planning
Commission recommended that the vacation be approved.
Joseph K.Gavinski,City Manager,statedthatthere is some concern aboutthe landlocking of twoof the
parcels and wanted to know the intentionof Les Schwab.
Tom Oxman,representing Les Schwab, stated thatthey are purchasing the property and plan to expand
onto this property in the future.
The ordinance vacating a portion of Commercial Avenue was read by title only.
LJ Action Taken:Mr.Pearce moved that the street to be vacated and Tax #5878 and Tax #6710 be
incorporated into one tax number andthe first reading of the ordinance be adopted,seconded by Dr.
Covey,and passed unanimously.
SHAKER'S 3RD SHORT PLAT SUBDIVISION VARIANCE REQUEST j/^q,
Phil Bloom,Columbia Northwest Engineering,on behalf of Fouad Shaker,has requested a variance ofthe
subdivision lot design standards for Lot 8ofthe Shaker's Third Short Plat anda variance ofthe required
60'foot right-of-way requirement so that the extension of Shaker Place will match the 50'right-of-way
width ofthe existing Shaker Place.The Planning Commission recommended that thevariance requests
be granted.
Action Taken:Dr.Covey moved that the variance requests be granted,seconded by Mr.Reese,and
passed unanimously.
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CITY COUNCIL MINUTES:4 September 10,1996
TIERRA HEIGHTS SHORT PLAT #2 SUBDIVISION VARIANCE REQUEST
Phil Bloom,Columbia Northwest Engineering,on behalf of Gloria Quintanilla,has submitted a request to
defer the construction of an access road as part of the platting of the Tierra Heights Short Plat #2.The
property owner is proposing to leave a 60' wide right-of-way between the existing Tierra Heights Short Plat
and the Tierra Heights Short Plat #2 in order to provide access to the property behind these two plats.
The property is owned by Gloria Quintanilla and she is willing to provide a covenant for future street
improvements of the right-of-way but would prefer the covenant to be attached to the unplatted property.
A covenant would also be attached to Lot 1 to provide for the required exterior side yard setback so that
any structure constructed on Lot 1 will meet the setback requirements.The Planning Commission
recommended to the Council that the variance for the street improvements be granted with the stipulation
that a covenant be required and that it be attached to the property behind the existing plats and that a
covenant be required for Lot 1 of the Tierra Heights Short Plat No. 2 for a 25'setback on the exterior side
yard.
There was some discussion by the Council concerning this piece of property and a conceptual plan of the
unplatted property was presented.
Joseph K.Gavinski,City Manager,stated that an option would be to include the street with the plat and
place a covenant for street improvements on the plat.
Mr.Bloom stated that the street could be included in the plat but it is preferred not to burden the 5 lots
in the Tierra Heights Short Plat #2 with the improvements but to make the improvements binding on the
property behind the plat.
Action Taken:Mr.Chapman moved that the Tierra Heights Short Plat #2 be amended to include the 60'
x 120' of unplatted property adjacent to the Tierra Heights Short Plat and that it be dedicated right-of-way,
the variance for street improvements be granted with the stipulation that a covenant be required and that
it be attached to Tax #3803,and that a covenant be required for Lot 1 ofthe Tierra Heights Short Plat No.
2 for a 25'setback on the exterior side yard,seconded by Dr.Covey,and passed unanimously.
VALLEY VIEW SHORT PLAT -VARIANCE
Phil Bloom,Columbia Northwest Engineering,has submitted an 8 lot short plat on Paxson Drive and has
requested a variance to the requirement to install curb and sidewalk on the west side of Paxson Drive r-N.
adjacent to the fairgrounds, a variance to the requirement to construct Paxson Drive to city standards,and
a variance of the lot depth for Lots 1 to 8.The Planning Commission recommended that the request for
a variance to the lot depth for Lots 1 to 8 be granted,the request for street improvements to Paxson Drive
be granted with the stipulation that a covenant be required for future street improvements,and the
variance to the requirement to construct curb and sidewalk on the west side of Paxson Drive be granted.
Gary G.Harer,Municipal Services Director,stated that Paxson was constructed in 1991 with 4"ofgravel
and a double shot BST which is starting to fail.Ifthe road is not constructed the city will have to construct
and maintain ditches,and each of the lots would require a culvert which would also require maintenance.
He pointed out that it is difficult to match driveways and deal with landscaping when lots are developed
without a fully developed street.Staff would recommend that the street be constructed to city standards
with curb and gutter on both sides and sidewalk on the east side.
Mr.Bloom pointed out that the city constructed Paxson to county standards but it was graded at the time
to allow for the construction of curbs,gutters,and sidewalks at a later time. He pointed out that a BST
road should have a seal coat placed on it about every two years.The existing roadway is serving the
existing traffic and it was the owners feeling that street improvements would be better done all at once
rather than piecemeal.He mentioned that staff had indicated that improvements to Paxson could be done
at the time the lots behind this development are developed.The owner had no problem with that since
it would be a major improvement.
Mr.Pearce felt that it is a disservice to home owners not to construct curbs and sidewalks at the time of
platting since it could be many years before any additional development takes place.
Action Taken:Mr.Pearce moved that the variance to construct sidewalks on the west side of Paxson
Drive be granted and the variance to the lotdepth forLots 1to 8 be granted,seconded by Mr.Chapman,
and passed unanimously.
It was pointed out that the developer will be required to construct curbs and gutters on both sides of
Paxson Drive and sidewalks only on the east side of Paxson Drive.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
DRIVEWAY VARIANCE -ALLEN
Vinetta Allen is requesting a variance to construct a 30' driveway within 20' of the intersection of William
Avenue and Lystil Street in order to accommodate the parking of an RV.
Action Taken:Mr.Pearce moved that the variance request be granted,seconded by Mr.Reese,and
passed unanimously.
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CITY COUNCIL MINUTES:5 September 10, 1996
X.COUNCIL QUESTIONS AND COMMENTS
ASSISTED LIVING FACILITIES
Mr.Rimple reported that state law allows an assisted living facility in any zone and that neither the
adjacent residents nor the city have any say in the matter.He mentioned that the facilities have no control
over the people they receive from the State of Washington.The citizens have no way to appeal or object
to such a facility.He suggested that the legislature be informed that a review process should be made
available for those who are affected by this state law.
Joseph K.Gavinski,City Manager,stated that state law provides for group living and assisted living
facilities in any zone and neither the local jurisdiction nor the adjacent residents have any say in the
matter.
After some discussion it was the consensus of the Council that the City Manager and City Attorney send
a letter to the legislature expressing concern about the lack of recourse on some existing state laws.
XI.CITY MANAGER REPORTS AND COMMENTS
TDS LEVELS
Joseph K.Gavinski,City Manager, distributed a letter from the Department of Health which addressees
the city's request for an increased TDS discharge at the Larson Sewer Treatment Plant.The Department
of Health has no objection to the city discharging at the Larson Sewer Treatment Plant at 1000 mg/l TDS.
They also have no problem with someone else discharging at 1500 mg/l TDS to our system so long as
it is at 1000 mg/l TDS when it emerges.
There was some discussion by the Council and it was the consensus that the Department of Health has
agreed with what the city originally requested for TDS discharge levels.
BUILDINGACTIVITY REPORT
Joseph K. Gavinski, City Manager, distributed the August 1996 Building Report.
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,~"RED LIGHT CAMERA PROGRAM
U J/79
Joseph K. Gavinski, City Manager, distributed information on the Red Light Camera Program. This is a
programthat will take a picture of the license plate of a car runninga red light.
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WATER AND WASTEWATER RATE STRUCTURE
Joseph K.Gavinski, City Manager, distributed the 1996 Washington Water/Wastewater Rate Survey done
by Black &Veatch. This survey shows that Moses Lake is about in the middle as it relates to cost for
water and sewer services.
The regular meeting was recessed at 10 p.m. and the Council met in an executive session to discuss
litigation.The executive session was adjourned at 10:15 p.m. andthe regular meeting was reconvened.
The regular meeting was adjourned at 10:15 p.m.
ATTEST:
(1)oMj
Finance Director
J303
BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE SAGE BAY
DIVISION #8 FINAL PLAT
SAGE BAY DIVISION #8
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 August 29,
KJ 1996.
1.2 Proponent.ASP1 Group is the proponent of this plat.
1.3 Purpose.The proponent has submitted a final 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.
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 proposal is a continuation of the existing Sage Bay development
2.4 The project addresses the development of Paxson Drive.
2.5 The revised street plan will enhance the area
2.6 The developer will pay the cost of constructing 36'of Paxson Drive.
2.7 The lot lines will not adversely affect the placement of buildings on the lots.
2.8 The following variances,approved with the preliminary plat, are still valid:
1.Variance to the requirement that all lot lines be within 20%of perpendicular to the
street right-of-way.
2.Variance to allow construction of Paxson Drive at a later date.The developer shall
provide for half width street improvements for a 36'street width with sidewalks.
3.Variance to allow construction of an intersection at Blanchette and Suncrest and
Windrose and Paxson instead of a cul de sac.
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 authorityto recom-
t i mend to the City Council the advisability of approving a plat.
3.2 The plat is properly before the Commission for its recommendation.
3.3 Itis properat this time forthe Planning Commission to make a recommendation on this plat.
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 ofthe City of Moses Lake to the City Council ofthe City of Moses Lake that
the final plat andthe variances approved with the preliminary plat,be approved with the stipulation
that a covenant be required forthe improvements to Paxson Drive.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date. A public meeting was held upon proper notice before the Council on September 10,
1996.
5.2 Proponent.ASPI Group is the proponent of this plat.
5.3 Purpose.The proponent has submitted a final 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.
5.4 Evidence.The Council considered the following materials in reaching its decision:s~\
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 Family Residential.
6.3 The proposal is a continuation of the existing Sage Bay development.
6.4 The project addresses the development of Paxson Drive.
6.5 The revised street plan will enhance the area.
6.6 The developer will pay the cost of constructing 36'of Paxson Drive.
6.7 The lot lines will not adversely affect the placement of buildings on the lots.
6.8 The following variances,approved with the preliminary plat,are still valid:(^
1.Variance to the requirement that all lot lines be within 20%of perpendicular to the
street right-of-way.
2.Variance to allow construction of Paxson Drive at a later date.The developer shall
provide for half width street improvements for a 36'street width with sidewalks.
3.Variance to allow construction of an intersection at Blanchette and Suncrest and
Windrose and Paxson instead of a cul de sac.
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 final 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 final plat.
8.DECISION.
The City Council of the City of Moses Lake agrees with the recommendation of the Planning
Commission and approves the final plat with the stipulation that a covenant be required for the f~*\
improvements to Paxson Drive.
Dated:September 10,1996