1994 11 08U
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MOSES LAKE CITY COUNCIL
November 8,1994
Council Present:Wayne Rimple,Dick Collier,Chet Paine, Bob Chapman, and Daryl Jackson Absent:
Richard Pearce and Bill Reese
MINUTES:Mr.Jackson moved that the minutes of the October 25 meeting be approved as submitted,
seconded by Mr.Collier,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.Jackson,and passed unanimously.
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 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 8,1994 for the funds listed below are approved in the amount of
$288,473.71.
GENERAL FUND
STREET
STREET IMPROVEMENT
WATER/SEWER FUND
1994 BOND FUND
W/S CONSTRUCTION
SANITATION FUND
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 $104,632.83 for all funds.
GENERAL FUND
STREET
WATER/SEWER FUND
W/S CONSTRUCTION
$18,193.35 AIRPORT 42.28
4,574.65 UNEMPL COMP INS 189.14
111,201.81 CENTRAL SERVICES 9,245.10
14,615.36 EQUIP RENTAL-OPERATIONS 39,060.91
3,366.37 BUILD MAINT-OPERATIONS 18,481.43
5,571.40 M L YOUTH PART.TF 816.72
63,115.19 TOTAL $288,473.71
$6,547.02 SANITATION FUND 7,464.38
11.72 CENTRAL SERVICES 6.62
13,151.15 EQUIP RENTAL-OPERATIONS 62,047.14
13,904.80 M L YOUTH PART.TF 1,500.00
TOTAL $104,632.83
Checks:Checks 42959 through 43230 issued on October 26,1994 were approved for payment at the
Council meeting held on November 8,1994 in the total amount of $241,629.97.
Payroll:The payroll issued on October 31,1994 having been approved pursuant to the rule ofthe City
Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 86386 through 86399 in
the amount of $7,912.66.
PROCLAMATION
The proclamation declaring November 17,1994 as the Great American Smoke Out Day was read in its
entirety.
I.CITIZEN INPUT -None
II.EMPLOYEE PRESENTATIONS -None
CONSENT AGENDA -None
IV.CONSIDERATION OF BIDS -None
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
LONGVIEWTRACTS ANNEXATION
The city has received Notices of Intention to Commence Annexation Proceedings from property owners
in LongviewTracts. The city is also considering another annexation request inthe same area.
Ron Baker,representing the Gregovich annexation,pointed outthat Mr.Gregovich definitely wantsto be
annexed and there is still some unknowns in the Longview area.Mr.Gregovich would prefer not to have
his proposal linked to the Longview Tracts sincethereis a possibility that area maynotbe annexed.
Wilda Denton,representing the Longview Tracts annexation,stated that the area needs sanitary sewer.
She stated that it is hoped that a block grant can be obtained to improve the area since many of the
residents are on fixed or low incomes.
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CITY COUNCIL MINUTES:2 November 8,1994
Action Taken:Mr.Jackson moved that the Notices of Intent to Commence Annexation Proceedings be
receipted and a hearing be set for December 13 and the notices be referred to the Planning Commission
for a recommendation on whether or not to accept or reject the annexation requests,seconded by Mr.
Collier,and passed unanimously.
,j REQUEST FOR SEWER SERVICE -PENHALLURICK
Richard Penhallurick has requested permission to hook to city sewer service for property north of Highway
17 which is not in the city limits.
Mr.Penhallurick stated that he is proposing to develop the property north of Highway 17 and east of the
railroad tracks and south of Kinder Road and would like to connect a pressurized septic tank system to
the city sewer system.City water is not being requested since there is one existing well on the site.
Joseph K.Gavinski,City Manager,pointed out that the property is immediately adjacent to the city limits
and under existing city policy it must be annexed before city services would be available.
After some discussion by the Council it was the consensus that annexation would be required before city
services would be available.
•q#V MOSES POINT -WATER/SEWER SERVICE
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Shawn Comfort,AHBL,stated that they have submitted the modified technical information for the
connection of Moses Pointe to the city's water and sewer systems.He mentioned that the city staff has
worked very well with them and all issues have been resolved.He requested that the City Manager be
authorized to draw up a utilities agreement for city services to the development.
Action Taken:Mr.Collier moved that the City Manager be authorized to draw up a modified extra
territorial utility agreement for the Moses Point project,seconded by Mr.Jackson,and passed unanimous
ly.
Action Taken:Mr.Jackson moved that the City Manager be authorized to sign a late comers agreement
for the Moses Pointe project,seconded by Mr. Collier, and passed unanimously.
.y^ORDINANCE -ULID #6 -1ST READING/PUBLIC HEARING >-v
An ordinance was presented which provides for the construction of city sewer in Monroe Street between
Nelson Road and Sharon Avenue.
The public hearing was opened.There were no comments.
Action Taken:Mr.Jackson moved that the publichearing be closed,seconded by Mr.Collier,and passed
unanimously.
The ordinance orderingthe improvement of Monroe Street between Nelson Road and Sharon Avenue by
constructing and installing a sanitary sewer system and connecting the sanitary sewer system to the exist
ing sanitary sewer in accordance with Resolution No.1856 of the City Council of the City of Moses Lake,
Washington and establishing Utility Local Improvement District No. 6;providing the method of assessment
for improvements made in said district;assessments upon property in said district;and providing for
payment of such assessments into a bond fund to pay and secure the payment of water and sewer bonds
issued for the costs of the improvements was read by title only.
Action Taken:Mr.Collier moved that the first reading of the ordinance be adopted,seconded by Mr.
Chapman,and passed unanimously.
Ijt/O ORDINANCE -ZONE CHANGE -MOSES LAKE SCHOOL DISTRICT -2ND READING/PUBLIC HEARING
An ordinancewas presented which changes the zoning from Agriculture to Public for20 acres of property
owned by the Moses Lake School District south of the existing high school. The Planning Commission
recommended that the zone change request be granted.
The public hearing was opened.There were no comments.
Action Taken:Mr.Collier movedthatthe public hearing be closed,seconded by Mr.Jackson,andpassed
unanimously.
The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only.
ActionTaken:Mr.Jackson moved thatthe second reading ofthe ordinance be adopted andthe Findings
of Fact be accepted,seconded by Mr.Paine, and passed unanimously.
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CITY COUNCIL MINUTES:3 November 8,1994
VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -GENERAL PENALTY -2ND READING
An ordinance was presented which increases all general penalties by $10 to allow for the state to obtain
its funds without reducing the funds allotted to the city for violations of its code.
The ordinance amending Chapter 1.08 of the Moses Lake Municipal Code entitled "General Penalty" by
amending Section 1.08.030 was read by title only.
Action Taken:Mr.Chapman moved that the second reading ofthe ordinance be adopted,seconded by
Mr.Paine,and passed unanimously.
ORDINANCE -SOLICITORS -2ND READING
An ordinance was presented which provides for the correct chapter under which a solicitor must obtain a
business license.
The ordinance amending Chapter 5.36 ofthe Moses Lake Municipal Code entitled "Solicitors"was read
by title only.
ActionTaken:Mr.Jackson moved that the second readingofthe ordinance be adopted,seconded by Mr.
Collier,and passed unanimously.
ORDINANCE -BURGLAR ALARM SYSTEMS -2ND READING
An ordinancewas presented which amends the burglaralarmordinance to make the penalty fora violation
of the chapter a civil penalty.
The ordinance amending Chapter 8.24 ofthe Moses Lake Municipal Code entitled "BurglarAlarm Systems"
was read by title only.
Action Taken:Mr.Collier moved that the second reading of the ordinance be adopted,seconded by Mr.
Jackson,and passed unanimously.
\^J ORDINANCE -PARKING REGULATIONS -2ND READING
An ordinance was presented which repeals the section ofthe parking regulations allowing the Police Chief
to dismiss parking infractions since only a judge ofthe municipal court can dismiss an infraction.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations"
by repealing Section 10.12.050 was read by title only.
Action Taken:Mr.Jackson moved thatthe second reading ofthe ordinance be adopted,seconded by Mr.
Chapman,and passed unanimously.
VII.REQUESTS TO CALL FOR BIDS -None
VIII.REFERRALS FROM COMMISSIONS
AQUATIC CENTER -HOLIDAY LIGHTING
The Tourism Commission and the Moses Lake Business Association have been working on a lighted
display for theaquatic center which would show Santa Clause coming down the water slide.The display )&^
would be attached to the support structures for the slides and the project can be accomplished without any
permanent modification or changes to any component of the facility.
Alan McFadin,Downtown Business Association,requested permission to use city property for this holiday
lighting display.
\^J Action Taken:Mr.Jackson moved that the request to use city property be granted,seconded by Mr.
Collier, and passed unanimously.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
ACCEPT WORK -1994 STREET RESURFACING PROJECT
Basin Paving Company has completed the work on the 1994 Street Resurfacing Project.
Action Taken:Mr.Paine moved that the work be accepted and the 30 day lien period entered into,
seconded by Mr.Jackson,and passed unanimously.
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CITY COUNCIL MINUTES:4 November 8,1994
X.COUNCIL QUESTIONS AND COMMENTS
BILLBOARDS
Mr.Jackson stated that it was his understanding that under the new sign ordinance,billboards could not
be rebuilt.He pointed out that the billboard across from the Calico Cat has been rebuilt.
Joseph K.Gavinski,City Manager,stated that there is no provision in the sign ordinance to sunset
billboards.
It was the consensus of the Council that the ordinance be amended to eliminate billboards from the city
limits.
XI.CITY MANAGER REPORTS AND COMMENTS
MAIN FIRE STATION
Joseph K.Gavinski,City Manager,distributed the proposed time line for completion of the main fire station
and explained the construction schedule for the Council.
There was some discussion by the Council on the changes that were proposed in the design and the
possibility of obtaining a variance in order to construct the streets to a lesserwidth than is required in order
to save cost.
The Council felt that the streets should be constructed to their full width in order to accommodate the fire
trucks and the possible increase in traffic that may ensue if changes are made in the Alder Street Fill.
SALES TAX/TRANSIENT RENTAL INCOME REPORTS
Joseph K.Gavinski,City Manager,stated that the city received $233,131.28 on October 31 in sales tax.
Joseph K.Gavinski,City Manager,stated that the city received $13,538.14 on October 31 in transient
rental income.
BUILDING ACTIVITY REPORT,030*
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Joseph K.Gavinski,City Manager,distributed the building activity report through the end of October.
INVESTMENT REPORT
Joseph K.Gavinski,City Manager,reported that the city received $64,070.30 in investment income for the
month of October 1994.
E911 AGREEMENT
Joseph K.Gavinski,City Manager distributed a draft of the interlocal agreement for the operation of the
Grant County E911 Communication Center.
Action Taken:Mr.Collier moved that the City Manager be authorized to sign the E911 agreement,
seconded by Mr.Jackson,and passed unanimously.
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The regular meeting was adjourned at 8:45 p.m.
ATTEST:
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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 THE ) NO.94-5
NEW HIGH SCHOOL PLAT ADDITION #1 )
)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
13,1994.
1.2 Proponent. The Moses Lake School Districtis the proponent of this zone change.
1.3 Purpose.The proponent has requested a zone change of property legally described as
follows:
That portion of Farm Unit 120,Irrigation Block 41,Columbia Basin Project,lying in the
NW%of the SE%of Section 26, Township 19 North,Range 28 East, W.M., described as
follows:
Commencing from a VA"square rebar,accepted as the center of Section 26, thence
South 89°31'04"East, along the north line of the NW%of the SE%of said section, and
the north line of said farm unit, a distance of 30.00 feet,to the true point of beginning;
thence,South 89o31'05"East, continuing along said north line, a distance of 1,300.35
feet, to the northeast corner of the NWVi of the SE%of said section;
thence,South 00°29'00"West,along the east lineof the NW%of the SE%of said section,
and the east line of said farm unit, a distance of 670.14 feet;
thence,North 89o31'05"West,a distance of 1,299.48 feet;
thence,North 00°24'31"East,a distance of 670.14 feet,to the true point of beginning,
said line being parallel with and 30 feet easterly of the westerly boundary of the NW%of
the SE%of said section and the westerly boundary of said farm unit.
[^J from Agriculture 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.
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.
2.3 Consistent with potential future development in the area
2.4 The vacated street has been offset by additional right-of-way to the city at a nearby
location
2.5 Consistent with the Comprehensive Plan
2.6 Expansion of the Public zone benefits the publicwelfare
2.7 No objections
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 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.
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 Councilofthe Cityof Moses Lake that
the request for a rezone of this property from Agriculture to Public be granted.
5.FURTHER HEARING BEFORE THE CITY COUNCIL
5.1 Date. A public hearingwas held uponproper notice before the City Council on November
8,1994.
5.2 Proponent. The Moses LakeSchool District 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.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL
Nofurther 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.
7.4 It is in the best interests and welfare of the city's citizens to rezone the property as
proposed.
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:November 8,1994
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