1995 11 28U
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5058
MOSES LAKE CITY COUNCIL
November 28,1995
Council Present:Wayne Rimple,Chet Paine, Bob Chapman,Dick Collier,Daryl Jackson, and Richard
Pearce Absent:Bill Reese
MINUTES:Mr.Collier moved that the minutes of the October 24 meeting be approved as submitted,
seconded by Mr.Pearce, and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Jackson moved that the bills,checks, and prepaid claims issued be approved,
seconded by Mr.Paine, and passed with Mr.Rimple abstaining from voting forthat portion of the bills to
Moses Lake Steel Supply.
Vouchers audited and certified bythe Finance Director as required by RCW 42.24.080, and those expense
reimbursement claims certified as required by RCW42.24.090, have been recordedon 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 November 28, 1995 for the funds listed below are approved in the amount of
$172,167.62.
GENERAL FUND
STREET
STREET REPR/RECON
EQUIPMENT LEASES
STREET IMPROVEMENT
PARK &RECREATION IMPROV
CENTRAL DRIVE LID
WATER/SEWER FUND
WATER/SEWER CONSTRUCTION
WATER/SEWER LEASES
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 $127,815.23 for all funds.
GENERAL FUND
WATER/SEWER FUND
WATER/SEWER CONSTRUCTION
$27,025.89 SANITATION FUND 10,147.14
16,154.85 AIRPORT 4,191.68
53.94 SELF INSURANCE 207.00
12,661.84 CENTRAL SERVICES 12,557.10
807.06 EQUIP RENTAL-OPERATIONS 26,572.83
8,519.67 BUILD MAINT-OPERATIONS 25,347.82
300.00 FIREMANS PENSION 99.98
20,710.05 M L YOUTH PARTNERSHIP TF 756.29
1,955.69 CONS LID #37 3,322.51
776.28 TOTAL $172,167.62
$549.74
290.73
21,933.22
CENTRAL SERVICES 2.83
M L YOUTH PARTNERSHIP TF 1,196.39
TOTAL $23,972.91
Checks: Checks 46891 through 47183 issued on November 15,1995 were approved for payment at the
Council meeting held on November 28,1995 in the total amount of $371,776.80.
Payroll:The payroll issued on November 17,1995 having been approvedpursuantto the rule of the City
Council set forth in Moses Lake Municipal Code 3.42.040, was paid by checks 92157 through 92330 in
the amount of $245,529.49.
I.CITIZEN INPUT -None
II.EMPLOYEE PRESENTATIONS
Public Works:Collene Gonzales was presentedwitha certificate as a Water Distribution Manager 2 and
Wade VanDoren was presented witha certificate as a Cross Connection Control Specialist 1.
III.CONSENT AGENDA
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Resolution -Interfund Loan:A resolution was presented which provides for an interfund loan from the IQ/q -A
Sanitation Fund to the Airport Fund.
\)Agreement -Growth Management Funds:Ratification was requested ofthe City Manager's signature on fQ 9zr
the agreement forthe distribution of Growth Management Funds for 1996/97.
Agreement -Varda Alarm -Aiken/Biork:Ratification was requested of the City Manager's signature on in&
the agreement transferring the VARDA Alarm originally given to Marv Aiken to William Bjork and its
placement in the county.
Agreement -Self-Help Funds -Girls Softball Assn.:Ratification was requested of the City Manager's ///jS
signatureon the agreement with the Girls Softball Association for self-help funds forthe construction of
a rest room at Larson Playfield.
Agreement -Warden School District -DARE:An agreement was presented which provides for the City //7$
to furnish the DARE program to the Warden School District.
5059
CITY COUNCIL MINUTES:2 November 28,1995
lf\jQ Acceptance of Work -Street Resurfacing Project:Central Washington Asphalt,Inc.has completed
'construction ofthe 1995 Street Resurfacing Project.The work should be accepted and the 30 day lien
period entered into.
q)C(Acceptance ofWork -Lakeside Drive &Monroe Street Construction Project:Marchand Construction,Inc.
s^ljo has completed construction ofthe Lakeside Drive and Monroe Street Construction Project.The work
0 1^should be accepted and the 30 day lien period entered into.
Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Collier,and
passed unanimously.f^
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IV.CONSIDERATION OF BIDS
PICKUP TRUCKS
No bids were received from local vendors and staff requested that the vehicles be purchased off the state
bid.
Action Taken:Mr.Collier moved that staff be authorized to purchase the vehicles off the state bid,
seconded by Mr.Pearce,and passed unanimously.
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
REQUEST FOR UTILITIES -ADVANTAGE HOMES
James Reuter has requested city services for property adjacent to Highway 17 and Gateway Estates.
Mr.Reuter stated that the property is 15 acres and it is proposed to be developed as a manufactured
home subdivision virtually the same as Gateway Estates in terms of size of lots,etc.All improvements
would be constructed to city standards.
Action Taken:Mr.Jackson moved that the request be approved,seconded by Mr. Paine, and passed
unanimously.
,^<3 COMMUNITY DEVELOPMENT & HOUSING PLAN -^
The final document of the Citizen Participation,Community Development & Housing Plan developed by
CC Consulting has been received by the City. It was requested that the City accept this plan.
Action Taken:Mr.Jackson moved that the Community Development & Housing Plan be accepted by the
City,seconded by Mr.Pearce,and passed unanimously.
MOSES LAKE/GRANT COUNTY HUMANE SOCIETY
The Moses Lake/Grant County Humane Society has requested an increase in payment from the City.
Fred Rhoades,Humane Society,stated that there is an on-going program to educate the public on the
prevention of unwanted puppies and kittens by providingcertificates forspay and neuter services and talks
in the schools.However,each year the number of unwanted dogs and cats using the Humane Society
facilities increases.The work load in 1995 increased 15% over 1994.The 3%increase granted by the
City Council barely met the increase inoperating expenses and provides nothing towards the 15%increase
in work load. A 14%increase in work load is projected for 1996 and a 10%increase in the contract
payment is requested.He mentioned that Grant County has approved a 10%increase for 1996.
Mr.Jackson requested the amount the county is paying.
Marilyn Bertrum stated that the county will be paying $17,300 in 1996.
Mr.Pearce pointedout that the City has provided the landon which the Humane Society has constructed
its facilities but even though more animals are coming from the County than from the City,the County is ^^
still not paying as much asthe City.He pointed out that the Grant County Housing Authority has dropped H
its donation altogether.
Mr.Rimple pointedout that there is a discrepancy inthe amounts paid since the City pays more than the
County but more animals come from the County.
Mr.Chapman felt thatthe City is subsidizing part ofthe County'sshareofthe costs of operating the animal
shelter.
There was some discussion by the Council.
Action Taken:Mr.Chapman moved thatthe request by the Grant County HumaneSociety for a payment
increase be denied,seconded by Mr.Rimple, and passed with Mr.Collier and Mr.Paine opposed.
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CITY COUNCIL MINUTES: 3 November 28, 1995
ORDINANCE -BOYDEN ZONE CHANGE -2ND READING/PUBLIC HEARING
Rich Boyden has requested a zone change from R-1,Single-Family Residential, to R-2, Single and Two-
Family Residential, for Battery Orchard Tract 56 less Tax #8327, for the purpose of developing a
manufactured home park. The property is contiguous to R-1, R-2, and R-3 zones.
The public hearing was opened.
Arlie Updegrave, 3199 W Lakeside,stated that it is difficult to sell lots in their existing development
because of the mobile home park across the street and some poor housing in the area.
Steve Hoffman,4312 Peninsula, was opposed to the zone change as it will devalue the property.
Rick Grayson, lower Peninsula, was opposed to the zone change as it will devalue his property.
Becky VanPelt, 524 Pacific,and owner of 523 Atlantic,was opposed to the zone change and was
concerned that approving the zone change would set a precedent for additional zone changes on the
Peninsula.
Jim Golly,Valley Manufactured Homes,was in favorof the zone change as there is a need in Moses Lake
for affordable homes.
Andrea Mortier,4103 Peninsula, pointed out that the developer knew the propertywas zoned R-1 when
it was purchased and was opposed to the zone change.
Debra Ponti,533 S. Pacific,was opposed to the zone change.She mentioned that realtors in Portland
&Vancouver have stated that mobile home parksdo devalue surrounding property and ifthe zone change
is allowed that strict regulations should be placed on the park so that it will not devalue property values
in the area.
Larry Godden, 2909 Lakeside, was concerned that approvingthis zone change would set a precedent for
other rezones in this area. He was opposed to the zone change.
Marjorie Dillon,3535 Wapato,was opposed to the zone change.
{^J Bill Ecret,4325 Peninsula,felt that it was spot zoning and was opposed to the zone change.
Tim Schlener,4321 Lakeside,was opposed to the zone change.
Mr.Rimple stated thatthe City has received two letters opposing the zone change - one signed by 2
families and one signed by 3 families.
Ron Baker,Boundary Engineer,representing the project,explained thatthe manufactured home park is
basically a single family development andisconsistentwith the Comprehensive Plan.He pointed outthat
an R-1 development allows for 6 units peracreandthe proposed manufactured home park allows for 6.7
units per acre.Off-street parking and storage is also provided.The previous denial ofthe zone change
was denied becausetherewas noneedsincethe existing park had emptyspaces.Currently the park is
full as are all other mobile home parks in the City andthe County.To expand the existing park requires
azone change ofthe property toan R-2 zone.He pointed outthatthe access will beoffof Wapato Drive
and there will be no traffic impactto existing residences on the Peninsula.He pointed out that traffic
studies have found that the traffic from a mobile home park is about half that of a conventional single
family development.A land appraiser has submitted a letter stating that mobile home parks do not
devalue surrounding property.The site will be enclosed bya sight obscuring fence and landscaping will
alsobe provided along the perimeter.He mentioned thatthe recently adopted housing plan showsaneed
for affordable housing in Moses Lake.
Arlie Updegrave,pointed out that he was required to put in full width street improvements with curbs,
gutters,and sidewalks,andthatwas nota requirement in the existing mobile home park.
Action Taken:Mr.Jackson moved that the public hearing be closed,seconded by Mr.Chapman,and
[)passed unanimously.
Mr.Pearce was concerned about the density ofthe area ifthezone change is granted.He pointed out
that the property was zoned R-1 when it was purchased by the developer.He mentioned that a
manufactured home park is a commercial venture and hewas opposed tothezone change.
Mr.Chapman felt that the zone change is consistent withthe adjacent land use as itis bordered on one
sideby R-3 soitwill bea buffer between the R-1 zone;thezone change will benefit the public welfare as
it will provide needed housing;the zone change is consistent with the Comprehensive Plan;and it
maintains residential land use.
The ordinance amending Section 18.09.020 ofthe Moses Lake Municipal Code was read by title only.
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5061
CITY COUNCIL MINUTES:4 November 28,1995
Action Taken:Mr.Pearce moved that the zone change request be denied,seconded by Mr.Collier,and
failed with Mr.Pearce and Mr.Collier in favor.
There was some additional discussion by the Council.
Action Taken:Mr.Chapman moved that the second reading of the ordinance be adopted,seconded by
Mr.Paine,and passed with Mr.Pearce and Mr. Collier opposed.
Findings of Fact:
1.The zone change is consistent with the adjacent land use.^*)
2.The zone change will benefit the public welfare.
3.The zone change is consistentwith the Comprehensive Plan by maintaining buffers between R-1 and
R-3 zones.
4.The zone change will maintain the residential land use.
5.There is a sufficient substantial change in circumstances to warrant the zone change.
Mr.Pearce did not feel that the zone change would be consistent with the adjacent land use or existing
development in the area.
ORDINANCE -ADOPT 1996 BUDGET -2ND READING/PUBLIC HEARING
An ordinance was presented which adopts the 1996 Budget.
The ordinance adopting the budget forthe City of Moses Lake,Washington forthe year of 1996 was read
by title only.
The public hearing was opened.There were no comments.
Action Taken:Mr.Chapman moved that the public hearing be closed,seconded by Mr.Jackson,and
passed unanimously.
Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.
Collier, and passed unanimously.
VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -SIDEWALK CONSTRUCTION -2ND READING
An ordinance was presented which eliminates the requirement to install pavers on the northwest side of
Fifth Avenue from Balsam to Pioneer Way.The amendment is being requested because there is
insufficient right-of-way for paver installation in this area.
The ordinance amending Chapter 12.12 of the Moses Lake Municipal Code entitled "Sidewalk Construc
tion"was read by title only.
Action Taken:Mr.Collier moved that the second reading ofthe ordinance be adopted,seconded by Mr.
Pearce,and passed unanimously.
ORDINANCE -AMEND PARK STREET VACATION -SINGLE READING
An ordinance was presented which amends the ordinance vacating Park Street by eliminating the
requirement forcompensation of one half the appraised value and substituting easements for needed right-
of-way.
Gary Harer,Municipal Services Director,mentioned that staff did not feel the statement in the letter from
Columbia Northwest Engineering to the effect that the right-of-way be returned to the owners if the street
is not developed within five years should be given consideration.
The ordinance repealing Ord.#1675 and vacating Park Street was read by title only.f~\
Action Taken:Mr.Jackson moved that an emergency be declared and the ordinance be adopted on a
single reading,seconded by Mr.Paine, and passed unanimously.
ORDINANCE -AMEND PARKING REGULATIONS -SINGLE READING
An ordinance was presented which amends the parking regulations to provide for a handicapped space
in front of the Grant County Community Action Council and a loading zone in front of City Hall.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations"
was read by title only.
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5062
CITY COUNCIL MINUTES: 5 November 28,1995
Gary Harer,Municipal Services Director,stated that previously there was a concern over whether or not
the required handicapped sign could be placed legallyat this location.Staff researched the question and
found that the sign could be legally placed. He mentioned that the area is rather narrow as the street has
two 8%' parking lanes and four 10' driving lanes.
Ken Sterner, Grant County Community Action Council,stated that they provide service to a great number
of handicapped persons and handicapped parking space is needed forthem. There is a space foroff-
street parking behind the building which will handle about 12 cars. There are about 16 employees and
they are required to park in the rear parking area in order to leave street parking for the clients.
Mr.Rimple pointed out that a handicapped parking space at this location would have the handicapped
persons exiting a vehicle into a traffic lane.
There was some discussion by the Council concerning the safety of a handicapped person in this area.
Action Taken:Mr.Chapman moved that the ordinance be adopted,seconded by Mr.Pearce, and failed
with Mr.Chapman and Mr.Pearce in favor.
RESOLUTION -SPECIAL BOND COUNSEL
A resolution was presented which states the City's intent to retain RoseMarie VanWinkle as special
counsel for the purpose of the issuance and sale of water and sewer revenue bonds and local improve
ment district bonds.
The resolution of the City Council of the City of Moses Lake,Washington,retaining special counsel for
certain services in connection with the authorization,issuance and sale of approximately $500,000 of water
and sewer revenue bonds and approximately $1,500,000 of local improvement district bonds of the City
was read by title only.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Collier,and passed
.unanimously.
VII.REQUESTS TO CALL FOR BIDS -None
VIII.REFERRALS FROM COMMISSIONS
ORDINANCE -HAYDEN ZONE CHANGE -1ST READING
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 Parcel H.The request is to change
the existing zoning from Contract Light Industrial to R-1,Single-Family Residential.The Planning
Commission was concerned about the additional traffica residential development would place on Nelson
Road and recommended that the zone change request be denied.
Edward Fitch,attorney for Hayden Enterprises,pointed out thatthe issue underdiscussion is the rezoning
of the property and not any potential development. Itis understood that ifthe rezone is approved,any
development will need to meet City standards. He stated that the zone change is in the best interests of
the public,benefits the general welfare, and is consistent with the Comprehensive Plan.
Phil Bloom, Columbia Northwest Engineering, representing the development,stated that the R-1 zone
provides for the highest standard of residential development inthe City.Hementionedthatthe City has
issued a Determination of Non-Significance for the zone change as the potential impacts of the zone
change are significantly less than the impacts of the Light Industrial Contract Zone.The property
surrounding this piece is zoned City Light Industrial and used as a campus-type commercial parkand a
golf course,the property to the south is zoned City commercial,the property to the west is Ccounty S-1,
Suburban,and R-2,whichallowsduplexes on small lots,and the property to the north is R-1,whichallows
mobile homes and duplexes on small lots, and S-2. The proposed R-1 is a higher standard than the
County R-2 and is compatible with the Lakeland development.Nelson Road is not improved to City
standards but the County Engineer feels it is adequate for the current traffic volumes.A residential
development will producefewer traffic tripsthan a light industrial development. He pointedout that funds
have been collected forthe signalization of the intersection of Highway 17 and Nelson Road, which will
be done by the Department of Transportation.
Hayden Watson,developer,stated that a zone change is being requested. With the proposed develop
ment the traffic problem at Nelson and Highway 17 will be discussed.
Bob Fancher, real estate agent, pointed out that the Light Industrial Contract Zone lists uses that would
probably not be allowed inthe City's existing Light Industrial zone. The current owneris not looking at
industrial uses.
Mr.Fitch pointed out that home ownership is desirable.He mentioned that the current zoning is
inconsistent with the Comprehensive Plan andsome uses thatarecurrently permitted would be completely
inconsistent with the existing residential neighborhood.Rezoning this property will provide for additional
homes for people in the area andthe proposed development will speed upthe installation ofa signal light
at Nelson and Highway 17.
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CITY COUNCIL MINUTES:6 November 28,1995
Mike O'Konek,2225 Admiral Road,purchased his 2 acre lot in 1990.He mentioned that when Lakeland
Addition is totally built out it will put 110 vehicles on Nelson Road in front of the fire station, which could
create a problem for the fire trucks.He felt that the City's Rural Residential Zone would be more
compatible in this area than R-1.
Larry Peterson,2209 Hamilton Road,was opposed to the zone change.He stated that mostof the current
businesses are not industrial in nature and the surrounding property owners would prefer industrial
development to the proposed zone change.
Linda Bishop,2164 Admiral Road,was opposed to the zone change because of safety concerns.She f"^
pointed out that Nelson Road is not safe at the present time.Lakeview Elementary Schools and Garden
Heights Elementary Schools are at their maximum for enrollment.
Dr.James Young, 2400 Hamilton Road, pointed out that the area is rural in nature with a nursery, golf
course,and residential lot sizes of 1 acre or more.He felt the area should be developed as a transition
zone with a low density development.The development of 144 homes in this area with the resulting
children will create a burden on the schools in the area not to mention the danger to the children walking
to school along Nelson Road.
Ken Jorgensen,2272 Hamilton Road,was opposed to the zone change.
George White,2135 Hamilton Road,suggested that no action be taken on this proposal until the entire
area can be assessed and appropriate development determined.
Ron Fenich,2192 Admiral Road,was in agreement with the previous statements and was opposed to the
rezone.
Bela Kerekffi, 2191 Hamilton Road,was opposed to the zone change.He was concerned about traffic on
Nelson Road and felt that a rural residential zone would be more appropriate in order to act as a buffer
between industrial and agriculture.
Chester Hamilton,4977 Westshore Drive,stated that the zone change is consistent with the Growth
Management Act and that the contract zone is a spot zone.He pointed out that Moses Lake is growing.
Karen Edwards,Edwards Nursery,pointed out that the issue of irrigation water has not been addressed.
Chuck Osborne,3647 Hiawatha Road,pointed out that affordable housing is needed in Moses Lake.
Darald Welch,11819 Nelson Road NE,mentioned that there is a traffic congestion at the intersection of
Nelson Road and Highway 17.
Mary Ann Hopperstad,Shoreline Drive,was in favor of the zone change and felt that there is a lack of
affordable lots in Moses Lake.
Mr.Pearce was opposed to the zone change as he felt Moses Lake does need an area with 1 and 2 acre
lots.
Mr.Collier was opposed to the zone change because of the density of the proposed project.
Mr.Jackson felt that improvements to Nelson would be needed because of the additional traffic it would
have to handle.
Mr. Paine mentioned that housing is needed in Moses Lake and he would be in favor of the zone change.
Mr.Rimple mentioned that,due to the growth in the area,the City is faced with demands on its
infrastructure as well as demands for housing.
The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only.
Action Taken:Mr.Chapman moved that the first reading ofthe ordinance be adopted,seconded by Mr.^^
Paine, and failed with Mr.Chapman,Mr.Rimple, and Mr.Paine in favor and Mr.Pearce,Mr.Collier, and r)
Mr.Jackson opposed.
Action Taken:Mr.Jackson moved that the zone change request be reconsidered,seconded by Mr.
Chapman,and passed with Mr.Pearce and Mr.Collier opposed.
There was some aditional discussion by the Council.
Action Taken:Mr.Jackson moved that the first reading of the ordinance be tabled,seconded by Mr.
Rimple, and failed with Mr.Jackson,Mr.Rimple, and Mr.Paine in favor and Mr.Chapman,Mr.Pearce,
and Mr.Collier opposed.
Action Taken:Mr.Chapman moved that the first reading of the ordinance be adopted, a public hearing
be set for December 12,seconded by Mr.Jackson,and passed with Mr.Pearce, and Mr.Collier opposed.
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CITY COUNCIL MINUTES:7 November 28,1995
AQUATIC CENTER FEES
The Park and Recreation Commission has recommended that the admission fees to the Family Aquatic
Center be increased by $.25 for daily admission,$5 for individual season pass,and $10 for family pass.
There was some discussion by the Council.
Action Taken:Mr.Collier moved that the 1996 admission fees for the Family Aquatic Center be adopted,
seconded by Mr.Pearce,and passed with Mr.Chapman and Mr.Jackson opposed.
ORDINANCE -FIRE STATION ZONE CHANGE -1ST READING
The City of Moses Lake has requested a zone change for the 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 Planning Commission recommended 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.Pearce moved that the first reading of the ordinance be adopted,a public hearing be
set for December 12,seconded by Mr. Collier,and passed unanimously.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION -None
X.COUNCIL QUESTIONS AND COMMENTS
ORDINANCE -PARKING REGULATIONS -SINGLE READING
Mr.Chapman requested that the parking regulations be amended to allow a loading zone at City Hall to
accommodate the new bus system.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations"
was read by title only.
Action Taken:Mr.Chapman moved that an emergency be declared and the ordinance be adopted on a
single reading,seconded by Mr.Jackson,and passed unanimously.
XI.CITY MANAGER REPORTS AND COMMENTS
INVESTMENT REPORT
Joseph K.Gavinski, City Manager,stated that the City received $53,206.27 in investment income for
October 1995.
SALES TAX/TRANSIENT RENTAL INCOME
Joseph K.Gavinski,City Manager,stated that on November 30 the City will receive $241,160.77 in sales
tax revenue and $10,468.34 in transient rental income.
HEADQUARTERS FIRE STATION
Joseph K.Gavinski,City Manager,stated that Cochran &Associates has indicated that with a few minor //
changes they are ready to go to bid on the new headquarters fire station.
Action Taken:Mr.Rimple moved that staff be directed to call for bids for the construction of the
headquarters fire station,seconded by Mr.Paine,and passed unanimously.
COUNCIL MEETINGS
The Council discussed the dates for Council meetings in December.
Action Taken:Mr. Rimple moved that meetings in December be set for December 12 and 19 at 7:30 p.m.
and December 29 at 4 p.m.,seconded by Mr.Jackson,and passed unanimously.
The regular meeting was adjourned at 11:45 p.m.
EST:
^Finance Director
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF A ZONE CHANGE
FOR RICH BOYDEN
NO.ZC 95-7
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
12,1995.
1.2 Proponent.Rich Boyden is the proponent of this zone change.
1.3 Purpose.The proponent has requested a zone change of property legally described as
follows from R-1,Single Family Residential,to R-2,Single Family and Two Family
Residential:
Battery Orchard Tract 56 less Tax #8327
1.4 Evidence.The Commission considered the following materials in reaching its decision.
A.The application ofthe 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 platted.
2.3 The zone change would not be in the public interest because of increased density and
traffic.
2.4 The area has limited access.
2.5 Strong opposition from the public.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
Fromthe 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 properat this time forthe Planning Commission to make a recommendation on this
rezone request.
3.5 It is in the best interestsand welfare of the city's citizensto 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 ofthe Cityof Moses Laketo the City Council ofthe Cityof Moses Lakethat
the requestfor arezoneofthis property from R-1,Single Family Residential,to R-2,Single Family
and Two Family Residential,be denied.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date. A public hearing was held upon propernotice beforethe City Council on November
28,1995 .
5.2 Proponent.Rich Boyden is the proponent of this rezone.
5.3 Purpose.The City Council considered the request for a rezone.
5.4 Evidence.The City Council considered the following materials in reaching its decision:
A.The application of the proponent for the rezone.
B.The history of the property.
C.Comments from the public.f"*}
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
6.1 The zone change is consistent with the adjacent land use.
6.2 The zone change will benefit the public welfare.
6.3 The zone change is consistent with the Comprehensive Plan by maintaining buffers
between R-1 and R-3 zone.
6.4 The zone change will maintain the residential land use.
6.5 There is sufficient substantial change in circumstances to warrant the zone change.
7.FURTHER CONCLUSIONS OF THE CITY COUNCIL.
From the foregoing findings of fact the City Council makes the following conclusions:
7.1 The CityCouncil of the Cityof Moses Lake is vested with the authorityto make a decision
on a proposed change in zoning.
7.2 The rezone request of the proponent is properly before the Council for its decision.
7.3 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 grants the zone change request for a rezone of the
above described property from R-1, Single Family Residential, to R-2, Single Family and Two
Family Residential.
Dated:November 28,1995
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF A ZONE CHANGE FOR
MARK BENSON
NO.ZC 95-7
FINDINGS OF FACT,CONCLUSIONS,
AND DECISION
2.
4.
HEARING BEFORE THE PLANNING COMMISSION.
1.1
1.2
1.3
1.4
Date. A public hearing was held upon proper notice before the Commission on October
26,1995.
Proponent.Mark Benson is the proponent of this zone change.
Purpose.The proponent has requested a zone change of property legally described as
Lots 7-11,Broadripple Addition #1 from R-1,Single Family Residential,to R-2,Single
Family and Two Family Residential.
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.
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 platted.
2.3 The zone change would not be in the public interest.
2.4 The zone change would not benefit the public welfare.
2.5 The zone change would be inconsistent,with adjacent development.
2.6 It is important to protect existing R-1 zoning.
2.7 Strong opposition from the public.
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 properlybefore the Commission forits 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 welfareof the city's citizens to not rezone the property as
proposed.
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 Cityof Moses Laketo the CityCouncil of the Cityof Moses Lakethat
the requestfor a rezoneofthis property from R-1,Single Family Residential,to R-2,Single Family
and Two Family Residential,be denied.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date. A public meeting was held upon proper notice before the City Council on November
14,1995.
5.2 Proponent.Mark Benson is the proponent of this rezone.
5.3 Purpose.The City Council considered the request for a rezone.
5.4 Evidence.The City Council considered the following materials in reaching its decision:
A.The application of the proponent for the rezone.
B.The history of the property.
C.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 OF THE CITY COUNCIL.
From the foregoing findings of fact the City Council makes the following conclusions:
7.1 The City Council ofthe City of Moses Lake is vested with the authority to makea 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 r-^.
Commission and denies the zone change request.<'
Dated:December 4,1995
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