1993 06 22u
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MOSES LAKE CITY COUNCIL
June 22,1993
Council Present:Wayne Rimple,DickCollier,Bill Reese,Daryl Jackson,Richard Pearce,and Roger Biallas
Absent:JoAn Brown
MINUTES:Mr.Reese moved that the minutes of the June 8 meeting be approved as submitted,seconded
by Mr.Collier,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.Reese,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Faber
Industrial Supply and Moses Lake Steel Supply and Mr.Biallasabstaining from voting forthat portion of the
bills to A & H Printers.
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 June 22,1993 forthe funds listed below are approved inthe amount of $167,623.89.
GENERAL FUND
STREET
EQUIPMENT LEASES
STREET IMPROVEMENT
PARK &REC.IMPROVE
WATER/SEWER FUND
WATER/SEWER CONSTRUCTION
Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by
Moses Lake Municipal Code 3.42.030 and the internalcontrol 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 ap
proved in the amount of $3,228.09 for all funds.
$25,019.46 WATER/SEWER LEASES 1,075.78
13,152.53 SANITATION FUND 10.56
3,923.86 SELF-INSURANCE 1,964.00
26,010.97 CENTRAL SERVICES 15,097.85
7,123.20 EQUIP RENTAL-OPERATIONS 28,813.51
17,041.40 BUILD MAINT-OPERATIONS 9,270.57
19,120.20
TOTAL $167,623.89
GENERAL $1,724.78 CENTRAL SERVICES 1,411.73
WATER/SEWER FUND 60.71 EQUIP RENTAL-OPERATIONS 30.87
TOTAL $3,228.09
Checks:Checks 37462 through 37736 issued on June May 26, 1993 were approved for payment at the
Council meeting held on June 22,1993 in the total amount of $194,453.60.
Checks:Checks 37623through 37890 issued on June 9,1993 were approved for payment at the Council
meeting held on June 22, 1993 in the total amount of $429,167.70.
Payroll:The payroll issued on June 18,1993 having been approved pursuant to the rule ofthe CityCouncil
set forth in Moses Lake Municipal Code 3.42.040,was paidby checks 79115 through 79286 inthe amount
of $219,239.97.
I.CITIZEN INPUT -None
II.EMPLOYEE PRESENTATIONS
Police Department:Mr.Rimple commended Sgt.Richard Keller,Officer David Sands,and Communications /Q/J
Officer Joanna Clark fortheir efforts in saving the life of a littlegirl who had fallen into a pool.
Lori Messer,Police Officer,was introduced to the Council.
Finance Department: Genia Carvo has obtained an Associate Degree from Big Bend Community College.JO'2
Municipal Services Department:Terry Dungan,Ramiro Munoz,and David Thompson of the Engineering /o/2
Division,have obtained an Associate Degree from Big Bend Community College.
Robert Harris,MaintenanceWorker II,Street Division,Chad Strevy,MaintenanceWorker II,Sewer Division,
and Jackelyn Skidmore,Building and Planning Technician were introduced to the Council.
III.CONSENT AGENDA
Ordinance -Parking Regulations -2nd Reading:An ordinance was presented which establishes a no /0<?7
parking area on Marina Drive from the easterly right-of-way ofCentral Washington Railroad to 350'westerly
and southerly on both sides.
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CITY COUNCIL MINUTES:2 June 22,1993
n7 Accept Work -Stratford Road/Mall Signal Project:Aztech Electrical has completed construction ofthe
/'Stratford Road/Mall Signal Project and the work should be accepted and the 30 day lien period entered into.
wj Authorization toExecute Fire Fighters Labor Agreement:Authorization was requested for the City Manager
P to sign the Fire Fighters Labor Agreement which runs to 12/31/92.
\Cftb Authorization to Execute - Deferred Comp -ICMARetirement Corporation:Authorization was requested for
the City Manager to sign the amended agreement with the ICMA Retirement Corporation.
Request to Sell Fireworks:The following organizations have requested permission to sell fireworks -f*\
Discount Display,2210 W. Broadway; Moses Lake Little League, Payless 2080 and 815 N. Stratford Road;
Moses Lake Basketball Boosters,411 E. Fifth and 711 Stratford Road;and Moses Lake Band Boosters,1102
W.Broadway.
,Qj£Resolution -Accept Easement -Bernd:Aresolution was presented which accepts a utility easement from
Bob Bernd for a sewer line on the rear property line of Tax 6561.
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Resolution -Declare Property Surplus/Auction:A resolution was presented which declares propertysurplus
and authorizing its sale at the public agency auction.
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
ipg?ORDINANCE -MAINE/HANSEN ANNEXATION -2ND READING/PUBLIC HEARING
An ordinance was presented which annexes property owned by Larry Maine and Wanda Hansen located
on Westshore Drive.
The public hearing was opened.There were no comments.
Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Jackson,and passed f~^)
unanimously.
The ordinance annexing certain specified territoryto the City of Moses Lake,Washington,and incorporating
the same within the corporate limits of the City of Moses Lake, and which provides for the assumption of
existing indebtedness and establishes the zoning was read by title only.
Action Taken:Mr.Jackson moved that the second reading of the ordinance be adopted and the summary
for publication be approved,seconded by Mr.Reese,and passed unanimously.
..00 ORDINANCE -CHOPAKA ZONE CHANGE -2ND READING/PUBLIC HEARING
An ordinance was presented which provides for the zone change of property located south of the
Hardenburgh Short Plat and east of Pioneer Way from R-3,Multi-family Residential, to C-2, General
Commercial and Business. Extensionof citywaterand sewer will be required and street improvements may
be requiredinthe future.The Planning Commission recommended thatthe zone change request be granted
provided a 25'easement is established adjacent to the existing R-2 property.The easement would be for
the purpose of maintaining a bufferarea so that no construction could take place immediatelyadjacent to
the property line.
The public hearing was opened.There were no comments.
Action Taken:Mr.Biallas moved that the public hearing be closed,seconded by Mr.Pearce, and passed
unanimously.
The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by titleonly.
ActionTaken:Mr.Pearce moved thatthe second reading of the ordinance be adopted, the summary for
publication be approved, and the Findings of Fact be accepted,seconded by Mr.Biallas,and passed
unanimously.
PRESENTATION -COMPOST FEASIBILITY STUDY
Dwight Miller,Project Manager,Parametrix,Inc.,and Craig Benton, Consultant, gave a presentation on the
feasibility of composting yardwaste. The reportlooked atthree strategies formanaging organic materials-
reduction, reuse, and recycle. They went overthe differentaspects of a compost program forthe Council.
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CITY COUNCIL MINUTES:3 June 22,1993
COMMUNICATION -BASIN SEPTIC SERVICE
Leo Morad,Basin Septic Service,requested permission to continue disposing of septic sewage for an
additional three months. Hestated that he has purchased propertybut needs additional time to finalize the
details.
ActionTaken:Mr.Collier moved that an extension be granted to Basin Septic Service to October 1,1993
fordumping privilegesatthe wastewater treatment plant,seconded by Mr.Jackson, and passed unanimous
ly.
COMMUNICATION -OLD NEPPEL SCHOOL ACQUISITION AND RESTORATION COMMITTEE
Gladys Hull stated that they would like the city to look into the feasibilityof acquiring the land and buildings
of the Old Neppel School on Fifth and Balsam. It is currently known as Central School.There are two
structures on the property and both are still in good shape.The committee would like to have it restored
and used as a youth-oriented center.
Marjorie Ebel stated that she would like to see the Old Neppel School restored and listed as a state
historical landmark. A building has to be at least 50 years old before it can be considered an historical
landmark.
Denise Schmidt stated that she would like to see the theater in the Old Neppel School restored in order to
provide opportunities to the children in Moses Lake to express their artistic abilities.
It was the consensus of the Council that this request be taken under advisement.
VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -JUNIPER DRIVE VACATION -1ST READING
An ordinance was presented which vacates the portion of Juniper Drive located in the Christian Church
Addition.
Gary Harer,Municipal Services Director,stated that historicallythe city has charged the property owner 1/2
the appraised value of the vacated property. In this case the cost would be about $6,000.
Joseph K.Gavinski,City Manager,stated that ina couple of instances,instead of a monetary compensation,
serviceswere exchanged. The portion of Juniper Drive requestedto be vacated was originally dedicated
to the city at the time the Christian Church Addition was platted.
Phil Bloom, representing the project, stated that the Hayden Estates development will be constructing a city
storm drain in this area as well as about $350,000 worth of street improvements to serve the area that was
originally intended to be served by this portion of Juniper Drive. He pointed out that the Christian Church
Addition has maintained a bond for the required street improvements for the past 20 years and the street
is no longer needed at this time.
The ordinance vacating a portion of Juniper Drive was read by title only.
Action Taken:Mr.Colliermoved that the firstreading of the ordinance be adopted,seconded by Mr.Reese.
ActionTaken:Mr.Pearce moved that the ordinance be amended to delete any reference to compensation
to the city for one halfthe value of the vacated property,seconded by Mr.Biallas,and passed unanimously.
The motion passed unanimously.
VII.REQUESTS TO CALL FOR BIDS
COMMUNICATIONS CENTER CONSOLE FURNITURE
(J Staff requested authorization to call for bids for console furniture for the communications center remodel
project.
Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Jackson,and
passed unanimously.
1993 STREET OVERLAY PROJECT
Staff requested authorization to call for bids for the 1993 street overlay project.
Action Taken:Mr.Jackson moved that staff be authorized to call for bids,seconded by Mr.Reese,and
passed unanimously.
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CITY COUNCIL MINUTES:4 June 22,1993
VIII.REFERRALS FROM COMMISSIONS
RESOLUTION -BUILD ON UNPLATTED PROPERTY -COMPTON
Dianna Compton has requested permission to build on unplatted property at 819 N.Paxson Drive, Tax
#1616 in order to construct an addition to the home.The Planning Commission recommended that the
request to build on unplatted property be granted with the stipulation that a record of survey be required.
George Compton stated that arecord of survey would cost about $1,200 and that would mean he could not (~\
construct the addition. He plans to trade services with other contractors forthe work he can not do himself.
He mentioned that he had found a property markerand measured off the distance tothe proposed addition;
the addition would be within the required city set backs.
The resolution allowing George and DiannaL Compton and Winston Newland to build on unplatted property
was read by title only.
Action Taken:Mr.Collier moved that the resolution be adopted,seconded by Mr.Pearce, and passed
unanimously.
HOPKINS SHORT PLAT -SUBDIVISION VARIANCE
Dennis Hopkins has requested a variance of the platting requirements in order to waive the requirement to
extend the sewer main through the Hopkins Short Plat until further development in the area would require
the sewer service.The Planning Commission recommended that the variance request be granted since
there is existing sewer to the west in Nelson Road that can be extended to serve the property to the west
of the Hopkins Short Plat.
Mr.Hopkins pointed out that because of the grade in the area the sewer extension would not be used by
any other property.
Action Taken:Mr.Biallasmoved that the variance request be granted,seconded by Mr.Reese,and passed
unanimously.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION f^
SENIOR CENTER SIDEWALK -VARIANCE TO COMMUNITY STANDARDS
The Senior Center has requested a variance from the community standards to allow them to use asphalt
to construct their sidewalk at the same time as they pave their parking lot.
Rosemary Fowler,manager of the Senior Center, stated that whilethey have the funds to pave the parking
lot they do not have funds for concrete sidewalks.She stated that they would put concrete sidewalks in
when sidewalks are constructed to the east.
There was some discussion by the Council.
ActionTaken:Mr.Jackson moved that the request be denied,seconded by Mr.Pearce,and passed with
Mr.Biallasand Mr.Reese opposed.
CHAVEZ VARIANCE -APPEAL
Lura Chavez, 1004Rose Avenue, requested a variance from the fence height requirements of the zoning
code inorder to construct a fence which would exceed the height limitations withinthe frontyard setback.
Ms.Chavez wishes to builda 6'fence and the zoning code allowsfora 4'fence. The Hearing Examiner
denied the variance request.
Mrs.Chavez stated that she wished to put lattice on top of the 4' board fence. She pointed out that a
corner lot on Gem was granted a variance forthe same type of fence she is proposing.
There was some discussion by the Council.fl
ActionTaken:Mr.Jackson movedthatthedecisionofthe Hearing Examiner beupheld,the Findings of Fact
andConclusionsbe accepted, and staffbe directedto lookintothe ordinance,seconded by Mr.Biallas,and
passed unanimously.
FAMILY AQUATIC CENTER -FINANCING
The city has the option and ability to finance the construction of the new swimming facilities by either
borrowing existingreservefundsand repaying with general fund revenuesor arranging financing withthird
parties and repaying with general fund revenues. Staffrecommended thatthe city fund the aquaticcenter
by borrowing money from a third party.
There was some discussion by the Council.
CITY COUNCIL MINUTES:5
4762
June 22,1993
Action Taken:Mr.Biallas movedthat the City Managerand Finance Director be authorizedto borrowfunds
to finance the aquatic center from a financial institution that offers the best ratesto the city,seconded by
Mr.Pearce,and passed unanimously.
X.COUNCIL QUESTIONS AND COMMENTS
SATELLITE FIRE STATION
Mr.Reese pointed out that there is a bighole in the street by the satellite fire stationand requested staff
rectify the problem.
SKIPPERS
Mr.Jackson stated that the 5' shrubs at Skippers entrance obscure the vision ofdriversas they exitat that
location.It is a safety hazard and needs to be taken care of.
XI. CITY MANAGER REPORTS AND COMMENTS
SKATEBOARD FACILITY
Joseph K.Gavinski,CityManager,stated that there will be a ground breaking ceremony at the skateboard
facility on June 29 at 11 a.m.and all members of the Council are invited.
ORDINANCES -SALE OF GOODS,WARES,AND MERCHANDISE
Joseph K.Gavinski, City Manager,presented ordinances which prohibit the sale of goods,wares,and
merchandise on open lots unless there is an adjacent,indoor facility.The ordinances would prohibit
transients from setting up their wares.He mentioned that there is still the problem of fruit stands and
Christmas tree sales lots.
POLICE RESERVES/SECURITY GUARDS
A letter was read from Richard Haer, H &H Security,inwhich he objected to the city's use of police reserve
officers to work paid security details.He felt this practice was a violation of city ordinance which states that
the city shall pay the cost of furnishing uniforms and equipment for the police reserves and that the reserve
officers will work without compensation.
Mr.Haer stated that it is difficult to charge for a service that the police department is providing for free.
Because the police reserves are being used as security guards,he is unable to provide this service.
Joseph K.Gavinski,City Manager,pointed out that police reserves do not have to be licensed as security
guards.However,if the reservist is working as a security guard, they should be licensed and the business
should contract directly with the reservist who is working as a security guard.There is a provision in the
law that states uniformed officers can work those details part time,if they are employed by the city. He
requested some direction from the Council on whether or not the city should be doing any sort of security
detail.
There was considerable discussion by the Council.
Staffwas directed to bring back a proposed policy on this matter that is consistent withthe law.
SAMMONS COMMUNICATION
Joseph K.Gavinski,City Manager,stated that new ratesforcable service will go into effect on July 1.
ANNEXATION -UNINCORPORATED ISLANDS
Joseph K.Gavinski,City Manager,explained the processofannexing unincorporated islands within a city's
limits.
The regular meeting was recessed at 10:20 p.m.and the Council met in executive sessionto discuss real
estate acquisition and litigation.The executive session was adjourned at 11 p.m.andthe regular meeting
was reconvened.The regular meeting was adjourned at 11 p.m.
ATTEST:
finance Director
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OFTHE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OFTHE ZONE CHANGE ) NO. ZC 93-1
FOR CHOPAKA INVESTMENTS,INC.)
)FINDINGS OF FACT,CONCLUSIONS,
) AND DECISION
)
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A public hearing was held upon proper notice before the Commission on May 27,
1993.
1.2 Proponent.Chopaka Investment,Inc. is the proponent of this zone change.
1.3 Purpose.The proponent has requested a zone change of property legally described as a
portion of Tax #3141 from R-3,Multi-family Residential to C-2, General Commercial and
Business.
1.4 Evidence.The Commission considered the following materials in reaching its decision.
A.The application of the proponent for the zone change.
B. Lack of response from the public.
C. Proposal by proponent to establish a buffer zoneadjacent to the existing residential
property.
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 as Tax #3141.
2.2 The property is unplatted.
2.3 There was no objection from adjacent residential property owners.
2.4 A buffer zone between the residential and proposed commercial zones was provided.
2.5 The zone change is consistent with the Comprehensive Plan.
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 for its recommen
dation.
3.3 It is proper at this time for the Planning Commission to make a recommendation on this
rezone request.
3.4 It is in the best interests and welfare of the city's citizens to rezone the property as
proposed.
[^J 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 to C-2 be granted provided a 25'easement is
provided adjacent to the existing residential property.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date. A public hearing was held upon proper notice before the City Council on June 22,
1993.
5.2 Proponent.Chopaka Investment,Inc. 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.
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.
6.1 The proponent is the owner of property legally described as Tax #3141.
6.2 The property is unplatted.
6.3 There was no objection from adjacent residential property owners.
6.4 A buffer zone between the residential and proposed commercial zones was provided.
6.5 The zone change is consistent with the Comprehensive Plan.
7.FURTHER CONCLUSIONS OF THE CITY COUNCIL
From the foregoing findings of fact the City Council makes the following conclusions:
7.1 The City Council of the City of Moses Lake is vested with the authority to make a decision
on a proposed change in zoning.
7.2 The rezone request of the proponent is properly before the Council for its decision.
7.3 It is proper at this time for the City Council to make a decision on this rezone request.
8.DECISION OF THE CITY COUNCIL
The City Council of the City of Moses Lake agrees with the recommendation of the Planning
Commission and grants the zone change request.
Dated:June.22,1993
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