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1994 08 09<J \J 4899 MOSES LAKE CITY COUNCIL August 9,1994 Council Present:Wayne Rimple,Dick Collier, Richard Pearce,Daryl Jackson,Chet Paine,Bill Reese,and Bob Chapman MINUTES:Mr.Pearce moved that the minutes of the July 26 meeting be approved as submitted,seconded by Mr.Collier, 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.Pearce, and passed with Mr.Rimple abstaining from voting for that portion of the bills to Faber Industrial Supply,and Moses Lake Steel Supply. Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and those expense reimbursement claims certified as required by RCW 42.24.090,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 August 9,1994 for the funds listed below are approved in the amount of $437,161.75. GENERAL FUND STREET STREET REPR/RECON EQUIPMENT LEASES STREET IMPROVEMENT PARK &REC IMPROVEMENT WATER/SEWER FUND Prepaid Claims:Prepaid claims approved by the City Manager according to the process established by MosesLakeMunicipal Code 3.42.030 andthe internal control policy approvedbythe CityCouncil havebeen recorded on a listing which has been made available to the City Council.The claims listed below are ap proved in the amount of $2,938,787.17 for all funds. ~~GENERAL FUND $ 441,850.68 SANITATION FUND 7,465.96 K_J CAPITAL 600,000.00 SELF INSURANCE 340,507.00 STREET IMPROVEMENT 635,000.00 CENTRAL SERVICES 130,908.18 PARK &REC IMPROVEMENT 425,000.00 EQUIP RENTAL-OPERATIONS 190,000.00 WATER/SEWER FUND 11,310.85 BUILD MAINT-OPERATIONS 150,000.00 W/S CONSTRUCTION 6,744.50 TOTAL $2,938,787.17 Checks:Checks 41977 through 42287 issuedon July27,1994 were approved for paymentatthe Council meeting held on August 9,1994 in the total amount of $474,837.12. Payroll:The payroll issuedon July 29,1994 having beenapproved pursuant tothe rule ofthe City Council set forth inMoses Lake Municipal Code 3.42.040,was paid by checks 84794through85040 inthe amount of $274,867.56. Payroll:The payroll issued on July 29,1994 having been approved pursuant to the rule ofthe CityCouncil set forth in Moses Lake Municipal Code 3.42.040,was paidby checks 85041 through85054inthe amount of $7,609.40. I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS -None III.CONSENT AGENDA $50,000.02 W/S CONSTRUCTION 29,706.10 2,522.67 W/S LEASES 389.90 5,054.61 SANITATION FUND 44,920.96 601.02 AIRPORT 3,710.59 41,577.93 CENTRAL SERVICES 35,070.28 12,126.70 EQUIP RENTAL-OPERATIONS 145,010.80 25,554.81 BUILD MAINT-OPERATIONS 40,915.36 TOTAL $437,161.75 Accept Work -Well 17 Drilling/Testing:Aqua Drilling and Engineering has completed work on the Well 17 /Otjf Drilling and Testing Project.The work should be accepted and the 30 day lien periodentered into. Resolution -Create New Funds and Accounts:A resolution was presentedwhichcreates additional funds /O/O and accounts and changes some fund classifications. Action Taken:Mr.Jackson moved that the Consent Agenda be approved,seconded by Mr.Reese, and passed unanimously. IV.CONSIDERATION OF BIDS -None & CjO |l/o lO« 4900 CITY COUNCIL MINUTES:2 August 9, 1994 V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS COMMUNICATION -LAKESIDE MOTEL -BOATS/JET SKIS Robert&Linda Carneal,owners of Lakeside Motel,expressed concerns about the problemscreated by boatsand jetskisinthe lakebetweenthe Alder Street Fill and Holmes Brothers.The proximity of jetskiers and highspeed boats cause problems for people on theirdock such as cut fishing linesand spray.The resulting wave action is also creating erosion of the shore. James A.Whitaker,City Attorney,pointed out that the Moses Lake Irrigation and Rehabilitation District has C*} jurisdiction over the surface waters of the lake and has the right to provide regulations and controls. Enforcement ofthe boating lawsofthe state falls on the Sheriff's Department andthereisonlyone deputy available to patrol all the waters in GrantCounty. Therewas some discussion about the problem and while the city has no jurisdiction overthe lake,the Council took the matter under advisement. ORDINANCE - SUN CITY/PARK PLACE INVESTORS ZONE CHANGE - 2ND READING/PUBLIC HEARING Sun City Properties and Park Place Investors have requested a zone change of approximately 77 acres along Highway 17from the intersection ofGrape Drive and Highway 17tothe bluff overlooking Vista Village ShoppingCenter,from R-3,Multi-family Residential,and R-1,Single Family Residential,to C-2,General Com mercial and Business. The zone change issought to facilitate the commercialdevelopment ofthe property. Extension of city water and sanitary sewer would be required to serve the area.City street and state highway improvements may be required to serve the area in the future.The Planning Commission recommended to the City Council that the zone change request be approved. The ordinanceamending Section 18.09.020 of the Moses Lake Municipal Code was read by titleonly. The public hearing was opened.There were no comments. Action Taken:Mr.Jackson moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted and the Findings f~\ of Fact be accepted,seconded by Mr.Collier,and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORD NANCE -GUN CONTROL -2ND READING An ordinance was presented which would exempt the city from the provisions of RCW 9.41.050(4). The ordinance exempting the City of Moses Lake,Washington from the prohibitionof RCW9.41.050(4) and creating Moses Lake Municipal Code Chapter 9.05 entitled "Firearms"was read by title only. Action Taken:Mr.Collier moved that the second reading of the ordinance be adopted,seconded by Mr. Pearce,and passed unanimously. ORD NANCE -VACATE YONEZAWA BOULEVARD -1ST READING An ordinance was presented which vacatesthe right-of-way located on School District property which would be used for Yonezawa Boulevard. Mr.Reese stated that the Sports Complex ad hoc committee is willing to provide the same amount of right- of-way to the city that is being requested to be vacated ifthey can obtain an entrance into their property. James A. Whitaker, City Attorney,stated that the Council can make the ordinance contingent upon the delivery of a deed for80'acrossthe sports complex property ifthat is the compensation the Council wishes. That would put the responsibility on the School Districtto provide that 80'./-n There was some discussion about the proposed property exchange between the School District and the ^" Sports Complex to provide for right-of-way forthe construction of Yonezawa Boulevard in the future. Mr.Chapman pointed out that the traffic study may determine that the best route for Yonezawa Boulevard is not at the southern portion of the sports complex property. Ifthat is the recommendation,the city will be vacating right-of-way with no assurance of compensation. The ordinance vacating a portion of Yonezawa Boulevard was read by title only. u 4901 CITY COUNCIL MINUTES: 3 August 9,1994 JamesA.Whitaker, CityAttorney,suggested that theordinance be amended to provided that compensation shall be accomplished bydelivery of a statutory warranty deed grantingto the city titleto a strip of property 80'wide on the south end of the Sports Complex property. Action Taken:Mr.Jackson moved that the ordinance be amended and the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed with Mr.Chapman opposed. ORDINANCE -AMEND 1994 BUDGET -1ST READING An ordinance was presented which amends the 1994 budget. The ordinance amending the 1994 budget, redistributingending fund balances incertain funds from reserve forreplacement to reserve fordebt service forthe Cityof Moses Lake,Washington, was read by titleonly. Action Taken:Mr.Reese moved that the firstreading of the ordinance beadopted,seconded by Mr.Collier, and passed unanimously. ORDINANCE -STREET NAME CHANGE -1ST READING An ordinance was presented which changes Bell Drive,located in Ball Addition,to Ball Court. There is an existing Bell Road inthe Moses Lake Industrial Parkand this change will provide a reliable and consistent addressing system for emergency services and utilityservices as well as mail providers. The ordinance amending Chapter 12.32 of the Moses Lake Municipal Code entitled "Addresses and Street Names"was read by title only. Action Taken:Mr.Jackson moved that the first reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. RESOLUTIONS -EMPLOYMENT OF BOND COUNSEL/ISSUANCE OF BONDS -ULID 5 James A. Whitaker, City Attorney,stated that the resolutions provide for employment of the bond counsel and for the issuance of bonds forthe Crestview Drive ULID project. '"••The resolution of the City Council of the City of Moses Lake,Washington,retaining special counsel for \_y certain services in connection with the authorization,issuance and sale of approximately $320,000 of water and sewer revenue bonds of the city was read by title only. Action Taken:Mr.Jackson moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. The resolution of the City Council of the Cityof Moses Lake,Washington,authorizing printing of approxi mately $320,000 ofwaterand sewer revenue bondsto pay part ofthe costs ofthe improvements in Utility Local Improvement District No.5,authorizing certain city officials to approvea preliminary official statement forsuch bonds, and approvingan underwriter to market such bonds was read by titleonly. Action Taken:Mr.Jackson moved that the resolution be adopted, seconded by Mr.Reese, and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS ORDINANCE -HAYDEN ESTATES THIRD ADDITION PURD -1ST READING/VARIANCES Phil Bloom,Columbia Northwest Engineering,has submitted a preliminary planneddevelopment district majorplat for a33lot planned unitresidential development (PURD)district to belocatedadjacentto Hayden Estates Second Addition PURD.Variances have been requested to deviate from the subdivision design .standards to allowa 50'street right-of-wayfor Hayden Drive and St. Helens Drive.The streets will be con structed 36' from curb to curb, which isthe normal driving surface area fora 60'right-of-way.A variance ^/was also requested to allow Lots 7,8,11,12,and 13 ofBlock 4 and Lots 4,5,and 6ofBlock 5to be less than the required hundred usable feet in depth. • The areais zoned R-1,Single Family Residential and will be served withcitywaterand sanitarysewer. New street,utility,and storm water control infrastructure,constructed to city standards,will be required to serve the proposed subdivision. A planned development district overlay zone change is being requested to allow the following deviations from the development standards of Title 18, Zoning: 1. 15'corner lot exterior side yard setback 2.15'rear yard setback 3. 5'side yard setbacks /O/O //(*/ /£D0 /AS"LP ,/pfr 4902 CITY COUNCIL MINUTES:4 August 9,1994 AMitigated Determination of Non-Significance was issued for this project. The mitigation includes contribu tion to the future signal light at Nelson and SR-17. The Planning Commission recommended that the planned unit residentialdevelopment district,preliminary plat, and variance requests be approved with the stipulation that an easement for a 30'x 50'concrete driveway common to Lots 8 and 9 be established on the plat. The ordinance creating a planned unit residential development district of Moses Lake pursuant to Moses Lake Municipal Code 18.22.020 (8)and Moses Lake Municipal Code 18.67Was read by title only. Action Taken:Mr.Chapman moved that the ordinance be amended to include the 30' x 50'concrete driveway between Lots 8 and 9, the first reading ofthe ordinance be adopted, the final platand variances be approved as recommended by the Planning Commission,and the Findings of Fact be accepted, seconded by Mr.Collier,and passed unanimously. ,f\RESOLUTION -REQUEST TO BUILD ON UNPLATTED PROPERTY -SANDEN John Sanden has submitted a request to placea manufactured home on unplatted property identified as Tax #1081-A located at 846S.Division.Thepropertyislocated just northof Del'sArtsand Crafts.Thearea iszoned R-3,Multi-family Residential and isserved by full widthstreets, curbs, and gutters. Sewer and water mains are located in the right-of-way of Division Street. The Planning Commission recommended that the request to build on unplatted property be denied as none ofthe surrounding property inthis area has been platted and all the required improvements have not been constructed in relation to this piece of property.Without platting it would be difficult for city staff to determine the placement of the manufactured home would meet all setback requirements. The resolution allowing Mildred Sanden to buildon unplatted property was read by title only. Gary Harer,Municipal Services Director,mentioned that Mr.Sanden had called and stated that he is planning to plat the propety. Action Taken:Mr.Pearce moved that the request to build on unplatted property be denied,seconded by Mr.Collier,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION -None X.COUNCIL QUESTIONS AND COMMENTS -None XI.CITY MANAGER REPORTS AND COMMENTS -None The regular meeting was recessed at 8:15 p.m.and the Council met in an executive session to discuss litigation. The executive session was adjourned at 8:30 p.m. and the regular meeting was reconvened.The regular meeting was adjourned at 8:30 p.m. Finance Director " ~ u u u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF SUN CITY ZONE CHANGE NO.94-4 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 July 14, 1994. 1.2 Proponent.Sun City Properties and Park Place Investors are the proponent of this zone change. 1.3 Purpose.The proponent has requested a zone change of property legally described as follows: Sun Citv: That portion of the SE%of the SWJ4 and of the SW%of the SEY*of Section 10, Township 19 North,Range 28 East, W.M., Grant County,Washington,lying southerly of the right-of-way of Secondary State Highway No.11-G (SR-17 as conveyed to the State of Washington by deed recorded March 25,1965,under Auditor's File No. 473395,except those portions thereof conveyed to the City of Moses Lake by deeds recorded August 20, 1973,and June 24,1974,under Auditor's File No.'s.594306 and 606255,respectively. Park Place Investors:Those portions ofTracts 6,7,15,16,17,and 28 of the Plat of Park Orchard Tracts,recorded in Acreage Plat Book 1,Page 36,Auditor's File#22267,Records of Grant County, Washington, alllying in the north half of Section 15,Township 19 North, Range 28 East, W.M., Grant County,Washington,more particularlydescribed as follows: Commencing from a point accepted as the easterly right-of-way of Grape Drive and as a point on the north line of the NW%of said Section 15; Thence north 89°45'47" East,along said north line, a distance of 278.04 feet, to the true point of beginning; Thence North 89°45'47"East continuing along said north line, a distance of 1008.57 feet more or less,to the north quarter corner of said Section 15; Thence South 89°20'19"East,along the north lineof the NEKof said Section 15,a distance of 832.11 feet more or less to the southerly right-of-way of State Highway 17; Thence southeasterly, along said highway right-of-way,a distance of 837.21 more or less to the westerly boundary of a tract of land, as filed under Auditor's File #254549,Records of Grant County,Washington; Thence South 33°21'24"West, along said westerly boundary, a distance of 261.19 feet; Thence South 28°10*09"West, continuing along said westerly boundary, a distance of 739.25 feet more or less,to the south line of said Tract 7; Thence North 89°36'48"West,along said south line, a distance of 337.56 feet more or less, to the southwest corner of said Tract 7; Thence North 89°36'48"West, along the south line of said Tract 15, a distance of 164.92 feet more or less; Thence North 00°08'54"East, a distance of 263.07 feet more or less; Thence North 49°18'01"West,a distance of 1413.21 feet more or less; Thence on a curve to the left, with a chord bearing of North 69°46'07"West, a distance of 489.57feet more orless, a deltaof 40°56'12",a radius of700.00feet more orless, through an arc length of 500.14 feet more or less, to the true point of beginning. Proposed Arterial:A 50 foot road right-of-way lying in a portion of Tracts 15,17,18, and 28 ofthe Plat of Park Orchard Tracts, recorded inAcreage Plat Book 1,Page 36, Auditor's File #22267,Records of Grant County,Washington,alllocated in the north half of Section 15,Township 19 North,Range28 East,W.M.,Grant County,Washington, more particularly described as follows: Commencing froma pointaccepted as the easterly right-of-way of Grape Drive and a point on the north line of the NW%of said Section 15, said point being the true point of begin ning; Thence North 89°45'47" East,along said north line, a distance of 278.04 feet more or less; Thence on a curve to the right, with a chord bearing of South 69°46'07" East, a distance of 489.57 feet, a delta of 40°56'12",a radiusof 700.00 feet, through an arc length of 100.14 feet more or less; Thence South 49°18'01"East, a distance of 1413.21 feet more or less; Thence South 00°08'54"West,along said south line, a distance of 65.80 feet more or less; Thence North 49°18*01"West,a distance of 1455.99 feet more or less; Thence on a curve to the left, with a chord bearing of North 69°46'07"West,a distance of 454.60 feet, delta of 40°56'12",a radius of 650.00 feet,through an arc length of 464.41 feet; Thence South 89°45'47"West,a distance of 278.04 feet more or less to the easterly right-of- way of said Grape Drive; Thence North 00°09'53"East,along said easterly right-of-way, a distance of 50.00 feet more or less to the true point of beginning. 1.4 Evidence. The Commission considered the following materials in reaching its decision. A. The application of the proponent for the zone change.f) B.Testimony by the proponent. C.Testimony from the public. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidence presented to them, the Planning Commission made the followingfindings of fact: 2.1 The proponent is the owner of property legally described above. 2.2 The property is unplatted 2.3 The zone change is in the best interest of the city in that itallows reasonable development of the area. 2.4 The unique layout of the property is conducive to commercial development 2.5 The zone change is not inconsistent with the Comprehensive Plan. 2.6 The zone change is consistent with surrounding developed property. 2.7 Traffic circulation is being addressed. 2.8 The adjoining property owners have no objections. 2.9 It is an extension of the C-2 zone to the southwest. 2.10 The proposed city park will be a buffer between the residential and commercial develop ments. 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. 3.4 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 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 R-3 and R-1 to C-2 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 August 9, 1994. 5.2 Proponent.Sun City Properties and Park Place Investors are the proponents of this rezone. n o \J ^ 6. 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. 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 Itis 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:August 9,1994