1993 07 134764
MOSES LAKE CITY COUNCIL
July 13,1993
Council Present:Wayne Rimple,DickCollier,Bill Reese,Daryl Jackson,Richard Pearce,JoAn Brown,and
Roger Biallas
MINUTES:Mr.Pearce moved that the minutes of the June 22 and July I meetings be approved as
submitted,seconded by Mr.Collier,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
,,ActionTaken:Mrs.Brown moved thatthe bills,checks, and prepaid claimsissued be approved,seconded
v—'by Mr.Reese,and passed with Mr.Rimple abstaining from voting for that portion ofthe bills to Faber
Industrial Supply andMoses Lake Steel Supply and Mr.Biallas abstaining from voting for that portion ofthe
bills to A & H Printers.
Vouchersaudited and certified by the Finance Director as required by RCW 42.24.080,andthose expense
reimbursement claims certified as required by RCW 42.24.090,havebeen recorded on a listing whichhas
been made available to the City Council.
Claims:The vouchers included on the below listas modified by the Council and noted upon said list for
the Council meeting of June 22,1993 for the funds listed below are approved in the amount of
$1,182,498.44.
MD $46,747.46
WATER/SEWER CONSTRUCTION 239,690.72
SANITATION FUND 28,059.42
SELF-INSURANCE 19,876.00
CENTRAL SERVICES 7,918.88
EQUIP RENTAL-OPERATIONS 27,896.76
BUILD MAINT-OPERATIONS 130,820.96
1990 BONDS REDM 35,752.50 TOTAL $1,182,498.44
Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by
Moses Lake MunicipalCode3.42.030 and the internalcontrol policy approved bythe City Council have been
-—recorded on a listing which has been made available to the City Council. The claims listed below are ap
is^proved in the amount of$3,228.09 for all funds.
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GENERAL FUND $46,747.46
STREET 4,563.88
STREET REPR/RECON 21,486.77
MID-PENINSULA BLK GRNT 24.00
STREET IMPROVEMENT 54,070.30
PARK &REC.IMPROVE 59,330.25
WATER/SEWER FUND 29,779.77
1985 BOND REDM 476,480.77
GENERAL $7,959.63 SANITATION FUND 5,921.80
STREET 20.27 CENTRAL SERVICES 1,138.40
PARK &RECREATION IMPRO 322.50
WATER/SEWER FUND 4,135.32 TOTAL $19,497.92
Checks: Checks 37742 through 38041 issued on June 23,1993 wereapproved for paymentatthe Council
meeting held on July 13,1993 in the total amount of $170,851.98.
Payroll:The payroll issued on June 30,1993 having been approved pursuant to the rule ofthe CityCouncil
set forth inMoses Lake Municipal Code 3.42.040,was paid by checks 79287through 79303 inthe amount
of $8,839.56.
Payroll:The payroll issued on July 2,1993 having been approved pursuant to the rule ofthe City Council
set forth inMoses Lake Municipal Code 3.42.040,was paid by checks 79304through79494inthe amount
of $190,387.09.
PRESENTATIONS
Planning Commission:Gary Pedersen was presented with a plaque for hisyears of service onthe Planning /QO J
Commission.
Peace Memorial:Mike Sallis was presented with a certificate in recognition of his efforts in having the Joe /0/£
E.Hooper Peace Memorial constructed in McCosh Park.
Parks Department:Jerry Thaut,Spencer Grigg,Dale Ivan,Geneva Hermann,and Mary Cunnington were /O/^
presented with certificates of appreciation for the terrific jobthey did in assisting with the Spring Festival.
I.CITIZEN INPUT
CONCESSION STAND
Allan Burritt,President,Moses Lake BabeRuth,requested permission to operate a portable food concession
stand at Larson Playfield duringthe 1993 state tournament on July 16, 17, &18. He mentioned that the
proceeds would be used to off-set the cost of the tournament.
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CITY COUNCIL MINUTES:2 July 13,1993
Jerry Thaut,Park and Recreation Director,stated that they proposeto sell items that are not currently
offered at the existing concession stand.
It was the consensus of the Councilto consider this item later inthe meeting.
II.EMPLOYEE PRESENTATIONS
^j n Service Recognition Certificates:City employees were recognized for their years of service as follows:JO
jU1 years -Public Works Division -Wade Van Doren,Tim Varney,and Kent Wilmont;Police -Jim Jenkins,Ron
Varner,Sean McCort, Dean Mitchell, Richard Keller,and Debra Adamson;Park and Recreation -Phil f~\
Hermann and Stan Skinner;Fire - Dick Penrose and Dave Helms; Finance - Marsha Newton and Genia
Carvo;Executive - Joe Gavinski;15 Years -Public Works - Dick Leishman;Police - Dennis Duke,Sue
Shively,Marie Zane,and Dale Baltzell;Parkand Recreation- RolandoGonzales and Geneva Hermann;Fire -
Alex Benko and Tom Craghead;Finance -Walt Fry;Executive -Bob West,Margaret Perez,and Judy
Thompson;20Years-Public Works -Karen Wilson;Engineering -Dean Turner;Police -Fred Haynes;Park
&Recreation -Jerry Thaut;Finance -LouRhea Crapson;25 Years -Public Works -Paul Maybee and Ken
Schauerman;and 30 Years - Fire -Jim Hamilton and Elvis Swisher
iQJ£Fire Department:Brett Bastian was presented with a Fire Inspector's Certificate.
Parks Department:Dan Peters,Park Maintenance Worker,and David (Jim)Cleaver,Park Maintenance
Worker,were presented to the Council.
Municipal Services:DelRose Hoy,Maintenance Worker I,Sewer Division,and D.Michael O'Haver,Special
Projects Planner, Engineering Division,were presented to the Council.
III.CONSENT AGENDA
.|ft,Babe Ruth Baseball Tournament:Permission was requested to charge admission at the 1993 Babe Ruth
'''Baseball All Star State Tournament to be held July 16-20 at Larson Playfield.
.rJj 1 Ordinance -Vacate Juniper Drive -2nd Reading:An ordinance was presented which vacates the portion
/^of Juniper Drive in the Christian Church Addition.
,/^7 Six Year Street Plan:Staff requested a public hearing to consider the six year street plan.^-v
Action Taken:Mr.Biallas moved that the Consent Agenda be approved,seconded by Mr.Collier, and
passed unanimously.
IV.CONSIDERATION OF BIDS -None
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
l/fr(p COMMUNICATION -WATER SERVICE -AIRWAY DRIVE
CharlesWard and Randy Barklehave requested that their lots, located on Airway Drive be included inthe
extension of citywater on Airway Drive.There is sufficientcapacity inthe Larson System to serve the two
lots.
Action Taken:Mr.Reese moved that the two lots be included in the city water extension to this area,
seconded by Mr.Collier,and passed unanimously.
,£^REQUEST TO USE CITY STREET -MOSES LAKE BUSINESS ASSOCIATION
The Moses Lake Business Association has requested the use of the city's sidewalks for a sidewalk sale on
August 13 and 14,the closure of Ash Street fromThirdto the alley beside Pinky's forthe Kiwanas Cowboy
Breakfast on Friday,August 13 from 6 a.m. to 11 a.m.; and the use of Third Avenue and Fourth Avenue for
the 4-H Parade on Saturday,August 14 at 10 a.m.
Action Taken:Mr.Jackson moved that the request to use city property be granted,seconded by Mr.Reese,
and passed unanimously.
ORDINANCE -SIGNS AND BILLBOARDS -2ND READING AND PUBLIC HEARING
An ordinance was presented which amends the regulations governing signs and billboardsinthe city.
The ordinance amending Chapter 18.56 of the Moses Lake Municipal Code entitled "Signs and Billboards"
was read by title only.
Mr.Collier stated that he was opposed to having billboards inside the city limits and would also like to see
the elimination of sandwich board signs.He suggested that the ordinance be referred back to Planning
Commission for incorporation of these proposed changes in the ordinance.
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CITYCOUNCIL MINUTES:3 July 13,1993
The public hearing was opened.There were no comments.
ActionTaken:Mr.Biallas moved that the public hearing be closed,seconded by Mrs.Brown, and passed
unanimously.
Mr.Collier stated that the billboards detract from the beautrfication projects that have been put in place.
Mr.Reese stated that he is in favor of eliminating billboards in the city.
Action Taken:Mr.Collier moved that the ordinance be returned to the Planning Commission with the
direction that they look at the possibility of sunsetting billboards and sandwich board signs on both public
and private property,seconded by Mrs. Brown, and passed unanimously.
ORDINANCE -PUBLIC HEARING PROCEDURES -2ND READING AND PUBUC HEARING /Q&Y
An ordinance was presented which amendsthe regulations concerning public hearing procedures inthe city.
The ordinance amending Chapter 18.72 of the Moses Lake Municipal Code entitled "Public Hearing
Procedures"was read by title only.
The public hearing was opened.There were no comments.
Action Taken:Mr.Collier moved that the public hearing be closed,seconded by Mr.Pearce, and passed
unanimously.
Action Taken:Mr.Biallas moved that the second reading of the ordinance be adopted and the summary
for publication be approved,seconded by Mr.Reese,and passed unanimously.
VI.ORDINANCES AND RESOLUTIONS -None
VII.REQUESTS TO CALL FOR BIDS -None
VIII.REFERRALS FROM COMMISSIONS
—>ORDINANCE -HEARING EXAMINER -1ST READING
An ordinance was presented which would require the submittal of a site plan with requests for a zoning
variance.The Planning Commission recommended that the ordinance be adopted.
The ordinance amending Chapter 18.80of the Moses Lake Municipal Code entitled "Hearing Examiner"was
read by title only.
Action Taken:Mr.Collier moved that the firstreading of the ordinance be adopted and a public hearing be
set for July 27,seconded by Mr.Biallas, and passed unanimously.
RESOLUTION -ABLE BUILDING -BUILD ON UNPLATTED PROPERTY
Jim Turner,Able Building Supply,is constructing a 9,486 square foot open storage structure accessory to
the existing Able Building Supply Store located at 304 E. Broadway on Tax #4883.Mr.Turner was notified
by staff that his property was unplatted and was within the shoreline jurisdiction prior to his start of
construction.Any construction would require a shoreline permit and an approval to build on unplatted
property or the platting of the property. Pursuant to the intent of the Shoreline Management Act,any
construction priorto shoreline permit approval is at the risk of the constructor. The Planning Commission
recommended to Council that the request to build on unplatted property be granted with the stipulation that
the property is platted and the shoreline permit processbegun priorto the issuance of an occupancy permit.
A resolution allowing Donald J.Mescher Trustee etal to build on unplatted property was read by title only.
Joseph K. Gavinski, City Manager,pointed out that a building permit had been issued for the construction
\J prior tothe staff reaizing the property was unplatted.Mr.Turner was notified before hestarted construction
of the needto begin the shoreline permit process and the need to plat the property. He mentioned that the
city has received a shoreline permit application but nothing on the platting.
There was some discussion bythe Council and itwas pointed out thatthe city had failed to actually rescind
the building permit that was issued.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mrs. Brown,and passed
unanimously.
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CITY COUNCIL MINUTES: 4 July 13, 1993
WAL-MART STORES ADDITION FINAL PLAT
Wal-Mart Stores has submitted a final platfora 1 lot commercial subdivision development to be located off
of Stratford Road.The area is zoned C-2,General Commercial and Business.The subdivision will be served
withcitywater and sanitarysewer and private access.New subdivision streets, water mains, sanitarysewer
system extensions, and storm water control infrastructure will be required to be constructed to city
standards. The Planning Commission recommended that the final plat be approved with the following
stipulations:that a site planbe submitted,all agreements be executed and in place prior to the July 13 City
Council meeting, the comments from the City Engineer be addressed and satisfied, the landscaping not be
reduced from what was approved on the preliminary plat,the cross walks be striped and the striping of the f0"^
eliminated cross walk be removed,and a date certain for the improvements to the Broadway/Alder signal
light be set.
Gary Harer,Municipal Services Director,stated that all the comments from the Development Engineer have
been addressed and a date has been set for the installation of a signal head at the Broadway and Alder
singal light.
Joseph K.Gavinski,City Manager,stated that there has been considerable discussion between the parties
about the required agreements.Wal-Mart has provided an agreement which extends the easement for the
church which is more likeable and suitable for their use. An agreement is stillnot in place for access to the
church through the Penhallurick property but that is not something that Wal-Mart can do anything about.
The agreement for that access is close to resolution however.The city's concern is the alignment of the
easement as it comes off the Wal-Mart property and aligns with the church's property. The city feels that
Wal-Mart has met those requirements that were placed upon them through the preliminary plat approval
process.
Jim Towslee,KPFF Consulting,representingWal-Mart,stated thatallrequirements of thecity have been met.
There was some discussion by the Council on the accessto the 7th Day Adventist School since the access
will be both through Wal-Mart's property and Penhallurick's property.
Gary Morgan,representing the 7th Day Adventist Church,stated that the church is in agreement with Mai-
Mart and there is an agreement with the Penhalluricks.Because of the change in the use of the property
from the beginning of this project, it was necessaryto re-negotiate the agreementto movethe access away
from the entrance tothe Express Lumber facility.^-^
Joseph K. Gavinski, City Manager,explained the proposed change to the access location for the 7th Day
Adventist School'.
Action Taken:Mr.Jackson moved that the final plat be approved as recommended by the Planning
Commission and the Findings of Fact be accepted,seconded by Mr.Pearce, and passed unanimously.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
ASSEMBLY OF GOD CHURCH -PROPERTY EXCHANGE
The Assembly of God Church has requested an exchange of property inorder to movethe existing 30' alley
right-of-way to the south edge of their proposed parking lot.
Action Taken:Mr.Biallas moved that a resolution be brought back authorizing the exchange of property,
seconded by Mr. Collier,and passed unanimously.
^TREE REMOVAL - HAM
Gary Ham requested until fall to remove the poplar trees planted on his property on Marina Drive so that
they can be removed without killing them.
Mr.Ham pointed out that the tree ordinance has not been enforced inthe past 25 years and there are many
people who have prohibited trees in place. He felt that the city has singled him out and that he should be
allowed to keep the poplar trees unless itcan be shown that other property owners have been required to __
remove their prohibited trees. He felt the nurseries should be notified of the prohibitionof the planting of fi
certain trees within 100'of a water line.
Mr.Jackson pointed out that Mr.Ham has already agreed to remove the poplars, which cause problems
in water lines, and has already planted the replacement trees.
Mr.Rimple pointed out that it is the job of the city employees to enforce all ordinances.
Action Taken:Mr.Pearce moved that Mr.Hamm be given to October 31 to remove the poplartrees and
returnthem to the nursery,seconded by Mr.Jackson, and passed unanimously.
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CITY COUNCIL MINUTES:5 July 13, 1993
Joseph K.Gavinski,City Manager,stated that there are many ordinances that may not be getting the full
enforcement required. Enforcement depends on the level ofstaffing.Upon direction ofthe Councilthe city
has started to more aggressively enforce ordinances including those dealing with weeds and hulk vehicles.
He mentioned that many ordinance violations are brought to the attention ofthe cityfrom citizen complaints
or comments and that many times such violations are handled on an informal basis with the violators
rectifying the problem without formal action having to be taken.
Mr.Pearce suggested that people applying for a business license be given a list of ordinances that may
affect them.
CONCESSION STAND
AllanBurritt,President,Moses Lake Babe Ruth,requested permission to operate a portable food concession
stand at Larson Playfield during the 1993 state tournament on July 16, 17, & 18. He mentioned that the
proceeds would be used to off-set the cost of the tournament.
Action Taken:Mr.Jackson moved that the request for a portable concession stand be approved,seconded
by Mr. Collier,and passed unanimously.
X.COUNCIL QUESTIONS AND COMMENTS
PLANNING COMMISSION
Mr.Rimple appointed Mitchell Delabarre to the Planning Commission to fill the unexpired term of Gary
Pedersen.
XI.CITY MANAGER REPORTS AND COMMENTS
SALES TAX/TRANSIENT RENTAL INCOME
Joseph K.Gavinski,City Manager stated that the city received $185,739.66 in sales tax receipts and
$8,065.30 in transient rental income on June 30,1993.
SAMMONS COMMUNICATION
Joseph K.Gavinski, City Manager,stated that Sammons is keeping the city updated on "must car
ry/retransmission consent"provisions of the 1992 Cable Act.
PARENTAL RESPONSIBILITY
Joseph K.Gavinski, City Manager,stated that since the parental responsibility ordinance was adopted and
been enforced,graffiti complaints have been reduced by about 50%.
The regular meeting was adjourned at 9 p.m.
ATTEST:
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OFTHE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE WAL-MART
STORES ADDITION FINAL PLAT
WAL-MART STORES ADDITION FINAL PLAT
FINDINGS OF FACT,CONCLUSIONS,
AND DECISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A public meeting was held upon proper notice beforethe Commission on July 1,1993.
1.2 Proponent.Wal-Mart Stores,Inc. is the proponent of this final plat.
1.3 Purpose.The proponent has submitted a plat for property legally described as follows:
WAL-MART STORES ADDITION
That portion of the north half of the SW %of the NW %and a portion of the NW %of the SE
%of the NW V*of Section 14,Township 19 North,Range28 East, W.M.,County of Grant,State
of Washington,as described as follows:
Commencing at the NW corner of Lot 1, Penn Plaza No. 3 Short Plat,as per plat recorded in
Volume 3 of Short Plats,pages 29 and 30,as found under the Grant County Auditor's File
Number 81525;thence North 00°14'10"east,coincident with the east right of way boundary
line of the city street known as Stratford Road a described in the legal description found in
Book783 of Deeds,page 160,as found underthe Grant County Auditor's FileNumber 841699,
a distance of 91.90 feet to the point of beginning, said course being parallel with and 40.00
feet east of the west boundary line of the SW Y*of the NW % of said Section 14;thence
continuing North00°14'10" East,coincidentwith the east right-of-way boundary line of the city
street known as Stratford Road as described in the legal description found in Book 783 of
Deeds,page 160,as found under the Grant County Auditor's File Number 841699,a distance
of 10.00 feet, said course being parallel with and 40.00 feet East of the west boundary line of
the SW %of the NW %of said Section 14;thence South 89058'15B East a distance of 570.00
feet;thence South 00°14'10"West a distance of 70.90 feet;thence South 89°58'15"East a
distance of 710.00 feet;thence South 00°14'10"West a distance of 17.94 feet to a point that
lies on the westerly extension of the south boundary line of the parcel described in the legal
description as found in Volume 23 of Deeds, page 211,as found under the Grant County
Auditor's File Number 521446 and to a point that lies 132.00 feet south of the north boundary
line of the SW %of the NW %of a said Section 14;thence South 89°53'42"East,coincident
with the extension of the south boundary line of said parcel described in the legal description
as found in Volume 23 of Deeds,page 211,as found under the Grant County Auditor's File
Number 521446,a distance of 10.04 feet to the southwest corner of said parcel described in
the legal description as found in Volume 23 of Deeds,page 211,as found under the Grant
County Auditor's File Number 521446, said course being parallel with and 132.00 feet south
of the north boundary line of the SW % of the NW % of said Section 14;thence continuing
South 89°53'42"East,coincident with the south boundary line of said parcel described in the
legal description as found inVolume 23 of Deeds,page 211,as found underthe Grant County
Auditor's File Number 521446,a distance of 55.96 feet,said course being parallel with and
132.00 feet south of the north boundary line of the SE Y*of the NW V*of said Section 14;
thence South 00°14'10"West a distance of 403.07 feet;thence North 89°45'50"West a
distance of 25.00 feet;thence South 00°14'10n West a distance of 100.00 feet;thence North
89°58'15"West a distance of 526.00 feet;thence South 38°18'52"West a distance of 89.18
feet;thence North 89°58'15"West a distance of 89.19 feet;thence North 89°58'15"West a
distance of 350 feet;thence North 00°14'10"East a distance of 621.90 feet;thence North
89°58'15"West a distance of 390.00 feet to the Point of Beginning;containing 12.607 acres,
more or less.
1.4 Evidence.The Commission considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C. Written comments from various parties.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upon the evidence presented to them,the Commission makes the following findings of fact:
2.1 The property is currently zoned C-2,General Commercial and Business.
2.2 Development is consistent with other developments in the area.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of fact the Commission makes the following conclusions:
3.1 The Planning Commission of the City of Moses Lake is vested with the authority to recom
mend to the City Council the advisability of approving a plat.
3.2 The plat is properly before the Commission for its recommendation.
3.3 Itis proper at this time forthe PlanningCommission to make a recommendation on this plat.
3.4 The Planning Commission declared this plat, if granted, to have a non-significant adverse
impact on the environment on July 16, 1992.Therefore,there should be no undesirable
environmental problems created.
3.5 It is in the best interests and welfare of the city's citizens to plat the property as proposed.
4.RECOMMENDATION OF THE PLANNING COMMISSION.
On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the
Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that
the final be approved with the following stipulations: that a site plan be submitted,all agreements
be executed and in place priorto the July 13 City Council meeting, the comments from the City
Engineer be addressed and satisfied,the landscaping not be reduced from what was approved on
the preliminary plat, the cross walks be striped and the striping of the eliminated cross walk be
removed,and a date certain for the improvements to the Broadway/Alder signal light be set.
5.FURTHER HEARING BEFORE THE CITY COUNCIL
5.1 Date. A public meeting was held upon proper notice before the Council on July 13,1993.
5.2 Proponent.Wal-Mart Stores,Inc. Is the proponent of this plat.
5.3 Purpose.The proponent has submitted a final plat for property legally described above.
5.4 Evidence.The Council considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C. Written comments and documents from various parties.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
Based upon the evidence presented to them,the Council makes the following findings of fact:
6.1 The proponent is the owner of the property.
6.2 The property is currently zoned C-2,General Commercial and Business.
6.2 Development is consistent with other developments in the area.
6.3.Developer to pay 5.2% of the cost of the signal at the Highway 17 north-bound ramp
when it is constructed.
6.4.Developer to participate in an arrow at the signal at Broadway and Alder.
7.FURTHER CONCLUSIONS BY THE CITY COUNCIL
From the foregoing findings of fact the Council makes the following conclusions:
7.1 The City Council of the City of Moses Lake is vested with the authority to make a decision on
a final plat.
7.2 The plat is properly before the Council for its decision.
7.3 It is proper at this time for the City Council to make a decision on this final plat.
8.DECISION.
The City Council of the City of Moses Lake agrees with the recommendation of the Planning
Commission and approves the final plat.
Approved by the Mayor on July 13,1993.
R.Wayne Rimple,
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