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1995 12 12u ^J 5065 MOSES LAKE CITY COUNCIL December 12,1995 Council Present:Wayne Rimple,Chet Paine, Bob Chapman, Dick Collier,Daryl Jackson,Bill Reese,and Richard Pearce MINUTES:Mr.Jackson moved that the minutes of the November 28 meeting be approved as submitted, seconded by Mr.Pearce,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Collier moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Paine, and passed with Mr.Chapman unanimously. Vouchers audited and certified by the Finance Director as requiredby 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 December 12, 1995 for the funds listed below are approved in the amount of $210,375.45. GENERAL FUND $51,543.28 AIRPORT 29.22 STREET 1,542.63 UNEMPL COMP INSURANCE 356.58 PARK &RECREATION IMPROV 9,530.80 CENTRAL SERVICES 8,650.850 WATER/SEWER FUND 20,500.61 EQUIP RENTAL-OPERATIONS 13,591.36 WATER/SEWER CONSTRUCTION 5,505.00 BUILD MAINT-OPERATIONS 43,256.94 SANITATION FUND 54,073.56 M L YOUTH PARTNERSHIP TF 1,794.62 TOTAL $210,375.45 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 $80,923.98 for all funds. GENERAL FUND $50,118.65 WATER/SEWER CONSTRUCTION 2,665.00 GOB 90 PAVER/PARKING LOT 20,957.50 CENTRAL SERVICES 2.83 \^J WATER/SEWER FUND 3,923.75 BUILD MAINT-OPERATIONS 3,256.25 TOTAL $80,923.98 Checks:Checks 47184 through 47290 issuedon November 29,1995 wereapproved for payment atthe Council meeting held on December 12, 1995 in the total amount of $196,140.53. Payroll:The payroll issued on November 30,1995 having been approved pursuant tothe rule ofthe City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 92331 through 92347 in the amount of $8,306.95. Payroll:The payroll issued on December 1,1995 having been approved pursuant tothe rule ofthe City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 92348 through 92512 in the amount of $196,726.98. I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS -None III.CONSENT AGENDA Municipal Airport Budget:Staff requested adoption ofthe 1996 Municipal Airport budget.jQq U Airport Improvement Grant:Ratification was requested of the City Manager's signature on the grant /OO0p agreement with the Washington State Department of Transportation in the amount of $47,380 for improvements at the Municipal Airport. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Collier,and passed unanimously. IV.CONSIDERATION OF BIDS -None /p III 5066 CITY COUNCIL MINUTES: 2 December 12,1995 V.PETITIONS,COMMUNICATIONS.OR PUBLIC HEARINGS 4&REQUEST TO USE CITY RIGHT-OF-WAY -COLOR WHEEL Ruth Spurbeck, The ColorWheel, requested permission to place a nativity scene on City right-of-way in front of her business at 108 E.Third Avenue. ActionTaken:Mr.Jackson moved that the request to use City right-of-way be grantedthrough December 31, 1995,seconded by Mr.Reese,and passed unanimously. REQUEST TO USE CITY RIGHT-OF-WAY -HERALD The Columbia Basin Daily Herald requested permission to use partof the City's downtown parking lot for the 1995 Santa Bucks Auction.The auction wouldtake placeon Saturday,December 16 at 10:30 a.m. Action Taken:Mr.Jackson moved that the request to use the City's parking lot on Third Avenue on December 16 at 10:30 a.m. be granted,seconded by Mr.Paine,and passed unanimously. }qS^ANNEXATION -ADVANTAGE HOMES James Reuter,AdvantageHomes,has submitted a Notice of Intent toCommenceAnnexation Proceedings for approximately 15 acres of property located between Highway 17 and Gateway Estates. ActionTaken:Mr.Chapman moved that the request forannexation be referred to the Planning Commis sion for a recommendation on whether or not to accept the annexation,seconded by Mr.Pearce, and passed unanimously. }(gf ANNEXATION -CRITTENDEN ]}qo ))W> DelCrittenden has submitted a Notice of Intentto Commence Annexation Proceedings forproperty located on the north side of Wheeler Road and adjacent to the City's limits. Action Taken:Mr.Collier moved that the request for annexation be referred to the Planning Commission for a recommendation on whether or not to accept the annexation,seconded by Mr.Paine, and passed unanimously. ORDINANCE -FIRE STATION ZONE CHANGE -2ND READING/PUBLIC HEARING The City of Moses Lake has requested a zone change forthe Fire Station Preliminary Short Plat, located at the intersection of Third Avenue and N. Fig from C-2, General Commercial and Business,to Public. The public hearing was opened.There were no comments. Action Taken:Mr.Jackson moved that the public hearing be closed,seconded by Mr.Chapman, and passed unanimously. 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 second reading of the ordinance be adopted,seconded by Mr. Collier, and passed unanimously. Findings of Fact: 1.The zone change is in the public interest 2.The zone change will benefit the public welfare. ORDINANCE -HAYDEN ZONE CHANGE -2ND READING/PUBLIC HEARING Hayden Enterprises has requested a zone change of approximately 37.52 acres located south of Nelson Road within the South Campus Binding Site Planand described as a portion of Parcel H.The request is to change the existing zoning from Contract Light Industrial to R-1,Single-Family Residential. The public hearing was opened. Phil Bloom, Columbia Northwest Engineering, representing the project,described the surrounding county zones and listed the uses allowed in the existing Light Industrial Contract Zone. He mentioned that the traffic from an R-1 zone would be less than from an industrial zone.The proposed R-1 development would be constructed in phases and all streets and utilities will be builtto City standards. The developer is also concerned about Nelson Road and has suggested that itbe improved.The improvements forNelson Road could be financed through an LID.The intersection of Nelson and Highway 17 will be signalized by the Department of Transportation in the near future. O n r^ ^J 5067 CITY COUNCIL MINUTES:December 12,1995 Hayden Watson,developer,felt that the requested R-1 zone would give Moses Lake another fantastic community. Edward Fitch,attorney for Hayden Enterprises,pointed out that the R-1 zone is the least dense zone within the City limits.The development of this area will facilitate the improvement of Nelson Road and the signalization of the Nelson and Highway 17 intersection. The rezoning of this property from Contract Light Industrial to R-1 will benefit the City as well as the property owners on Admiral and Hamilton Roads. Dave Sanders,Admiral Road,was opposed to the zone change. He pointed out that the area is country living and requested the Council keep that in mind when making its decision on the zone change. Ken Jorgensen,2272 Hamilton, felt that the area should be zoned Rural Residential rather than R-1. George White, 2135 Hamilton,stated that he was not opposed to rezoning the property for residential but felt it should be zoned Rural Residential. He felt that Moses Lake needs areas for large lots and higher priced homes. Dr.Young,2244 Hamilton,was concerned about the impact this development would have on the schools and the cost for busing children. Mike O'Konek, 2225 Admiral,was concerned about the intersection of Nelson Road and Highway 17 and access for Grant County 5. Karen Edwards,11230 E. Nelson,was concerned about the problems a development could cause to the existing property. Mr.Bloom pointed out that rezoning the property to an R-1 makes is less expensive than when it is zoned industrial.Due to the cost of street and utility improvements within the City's limits,one acre lots are not feasible as the improvements alone would cost between $22,000 and $25,000. Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Chapman, and passed unanimously. The ordinanceamending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. /"~~~ [^_J Mr.Pearce pointed out that ifthe zone change is approved,that will leave 40 acres zoned Contract Light Industrial,which is not compatible with an R-1 Zone. He suggested that the request be tabled until the entire area can be looked into. Mr.Reese pointed out thatthe City is growing and there is a need for affordable housing at the present time. Mr.Jackson pointed out that children will need to be bussed to school no matterwhere they live. Action Taken:Mr.Jackson movedthatthesecond reading ofthe ordinance be adopted,seconded by Mr. Paine, and passed with Mr.Pearce and Mr.Collier opposed. Findings of Fact: 1.The zone change would be in the public interest. 2. The zone change would benefit the public welfare. 3. The R-1 zoning is consistent with the existing development in the area. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -CONFIRMING ASSESSMENT ROLL - LID #58 -1ST READING i)An ordinance was presented which confirms the assessment roll for LID #58 for Central Drive improve ments. The ordinance approving and confirming the assessments and assessment roll of LID 58 which has been createdand established for the purposeof paying the cost of improving the Central Drive area between Grape Drive and Valley Road,Grape Drive between Central Drive and Highway 17,Central Place,and Evelyn Drive between Crest Drive and Central Drive area by constructing and installing full width street improvements including paving,curbs,gutters,storm drainage,sidewalks,landscaping,street lighting, electrical transmission and distribution alterations,and traffic signalization in the City of Moses Lake as provided by Ordinance No.1692 and levying and assessing the amountthereofagainst the several lots, tracts,parcels of land,andother property shown on said roll was read by title only. o)0 \0<* 5068 CITY COUNCIL MINUTES:4 December 12,1995 Action Taken:Mr.Jackson moved that the first reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. [p ORDINANCE -RESERVE POLICE OFFICERS/VOLUNTEER FIREFIGHTER'S PENSION SYSTEM-1ST READING An ordinance was presented which would allow the City's reserve police officers to participate in the Volunteer Firefighters Relief and Pension System. The ordinance providing for the enrollment of reserve police officers in the City of Moses Lake's Police f*\ Department in the state-wide Volunteer Firefighter's Relief and Pension System was read by title only. Action Taken:Mr.Jackson moved that the first reading of the ordinance be adopted,seconded by Mr. Paine, and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS -None IX.OTHER ITEMS FOR COUNCIL CONSIDERATION IAC GRANT -FIRING RANGEoLl° 0 The City of Moses Lake is eligible to receive $100,000 from the Inter-Agency Committee for Outdoor Recreation for the development of the Moses Lake Firing Range.The grant would require the City's participation in the amount of $126,287 over a 2 year period. Direction was requested from Council on whether or not to proceed with the grant. Fred Haynes, Police Chief, pointed out that currently the firing range is not open to the public.By accepting this grant,the firing range would be available for public use. There was some discussion and it was the consensus of the Council that the City pursue the grant. SAMARITAN HOSPITAL -RENTAL OF FIRE STATION #2 Samaritan Hospital will be leasing space at the new headquarters fire station when it is completed.Until that time it is leasing space at Fire Station #2.Samaritan would like to lease additional space at Fire Station #2 consisting of bay space for three emergency vehicles,outside parking, additional supply and storage space,and the use of 2 sleeping rooms.Samaritan would also like to place an outside sign at Fire Station #2. After some discussion,it was the consensus of the Council that the City negotiate additional space for Samaritan Hospital. X.COUNCIL QUESTIONS AND COMMENTS -None XI.CITY MANAGER REPORTS AND COMMENTS GROWTH MANAGEMENT -VISION STATEMENT Joseph K.Gavinski,City Manager,stated that the Citizen's Advisory Committee is working on the Vision Statement and it should be available at the next meeting. INVESTMENT REPORT Joseph K.Gavinski, City Manager,stated that the City received $87,609.57 in investment income for November 1995. HEADQUARTERS FIRE STATION Joseph K.Gavinski,City Manager,stated that The Cochran Associates have submitted a schedule for r> bidding on the Headquarters Fire Station.Bids are proposed to be let on December 19,1995 with a bid opening on Wednesday,January 17,1996. BUILDING ACTIVITY REPORT Joseph K.Gavinski, City Manager,presented the November building reportwhich shows the City has had about $45,668,184.20 inconstruction activity forthe year. This amount includes the $20,000,000 inschool improvements. poi )M 10°* n CITY COUNCIL MINUTES:5 ALDER/BROADWAY INTERSECTION 5069 December 12,1995 Joseph K.Gavinski,City Manager,stated that the City and the Department of Transportation are discussing ways to improve the traffic flow at the Alder and Broadway intersection. HOLIDAY LIGHTING Joseph K.Gavinski,City Manager,stated that the Moses Lake Business Association has sent a letterto the City expressing its appreciation for the City contributing tothe holiday lighting program and donating the 8 piece "Santa at the Water Slide" to the City. INET Joseph K.Gavinski,City Manager,stated that the Police Chief has suggested that the City once again participate in the INET Program. There was some discussion and the Council had no objection to the City participating in INET. The regular meeting was recessed at 9:15 p.m.and the Council met in an executive session to discuss labor relations and litigation.The executive session was adjourned at 9:45 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 9:45 p.m. ATTEST: Finance Director 1/17 BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF A ZONE CHANGE REQUEST ) NO. ZC 95-5 BY HAYDEN ENTERPRISES,INC.) ) 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 Septem ber 28,1995. 1.2 Proponent.Hayden Enterprises,Inc. is the proponent of this zone change. 1.3 Purpose.The proponent has requested a zone change of property legally described as follows from Contract Light Industrial to R-1,Single Family Residential: A portionof Parcel H,Plat of South Campus Park Binding Site Plan as filed under AFN 940614019,Book 15,page 55 of Plats,Records of Grant County,Washington,in Section 25,Township 19 North,Range 28 East, W.M., being more fully described as follows: Commencing at the most northeasterly corner of said Parcel H,The True Point of Beginning;thence South 00°38'33"West along the east boundary of Parcel H,1,746.96 feet to the southeast comer of said Parcel H;thence North 89°25'39"West along the south boundary of Parcel H280.00 feet;thence North 00°38'33"East parallel with the east boundary of said Parcel H,360.00 feet;thence North 89°25'39"West parallel with the south boundary of said Parcel H,200.00 feet to Point A. Beginning again at the True Pointof Beginning;thence along the boundary of said Parcel H the following five courses and distances:North 89°20'00"east,256.00 feet;thence North 00°38'33"East,226.00 feet to the south right-of-way of Nelson Road;thence North 89°20'00"West,along the south right-of-way of said Nelson Road,766.63 feet;thence -"South 00o35'35"West,240.00 feet;thence North 89°20'00"West,150.00 feet to the east {^_J right-of-way ofthe Grant County Public Utility District power line easement;thence leaving the boundary of said Parcel H South 00°35'31"West along the east right-of-way of said power line easement,600.00 feet;thence South 48°10,47"East,265.93 feet;thence South 89°24'29"East,150.00 feet;thence South 00°35'31"West,250.00 feet;thence South 43°43'45"East,488.36 feet to Point A. 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 A portion of the property is currently platted and a portion is currently unplatted. 2.3 The zone change would not be in the public interest. 2.4 The zone change would not benefit the public welfare. Is )2.5 The zone change is not consistent with theComprehensive Plan. 2.6 Strong opposition from the public. 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 It is 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 not 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 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 from Contract Light Industrial to R-1,Single Family Residential be denied. 5.FURTHER HEARING BEFORE THE CITY COUNCIL 5.1 Date. A public hearing was held upon proper notice before the City Council on December 12,1995. 5.2 Proponent. Hayden Enterprises, Inc. is the proponent of this rezone. 5.3 Purpose. The City Council considered the request for a rezone for property described above. 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. 1.The zone change would be in the public interest. 2.The zone change wold benefit the public welfare. 3.The R-1 zoning is consistent with the existing development in the area. 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 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 It is proper at this time for the 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 grants the zone change request. Dated:December 12,1995 R.Wayne Rimple, O n r> u u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF A ZONE CHANGE FOR ) NO. ZC 95-8 THE CITY OF MOSES LAKE ) )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 November 16,1995. 1.2 Proponent.The City of Moses Lake is the proponent of this zone change. 1.3 Purpose.The proponent has requested a zone change of property legally described on the proposed plat from C-2,General Commercial and Business,to Public. 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 currently unplatted. 2.3 The zone change will be in the public interest. 2.4 The zone change will benefit the public welfare. 2.5 The proposed use is a permitted use in the existing,underlying C-2 Zone. 2.6 No negative comments from the public. 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 a proposed change in zoning. 3.2 The rezone request ofthe 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. 4.RECOMMENDATION OF THE PLANNING COMMISSION. \^_j On the basis ofthe foregoing findings of fact and conclusions,it isthe recommendation ofthe Planning Commission ofthe City of Moses Laketo the City Council ofthe City of Moses Lake that the request for a rezone of this property from C-2,General Commercial and Business,to Public, 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 December 12,1995 . 5.2 Proponent.The City of Moses Lake is the proponent of this rezone. I•r'l_v 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. 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 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 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 It is proper at this time for the 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 agrees with the recommendation of the Planning Commission and grants the zone change request. Dated R.Wayne Rimj n o