1993 06 08u
u
4753
MOSES LAKE CITY COUNCIL
June 8,1993
Council Present:Wayne Rimple,DickCollier,Bill Reese,Daryl Jackson,Richard Pearce,JoAn Brown,and
Roger Biallas
MINUTES:Mr.Biallas moved thatthe minutes ofthe May25 meeting be approved as submitted,seconded
by Mr.Collier,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
ActionTaken:Mr.Reese moved that the bills,checks,and prepaidclaims issued be approved,seconded
by Mrs.Brown, 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.Biallas abstaining fromvoting forthat portionof 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 8,1993 for the funds listed below are approved in the amount of $414,857.68.
GENERAL FUND
STREET
STREET REPR/RECON
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 availableto the City Council. The claims listed below are ap
proved in the amount of $14,310.02 for all funds.
GENERAL
PARK AND REC.IMPROVE
WATER/SEWER FUND
SANITATION FUND
Checks:Checks 37374 through 37612 issued on May 12,1993 were approved for payment at the Council
meeting held on May 25,1993 in the total amount of $274,464.57.
Payroll:The payrollissued on May 28,1993 having been approved pursuant to the rule of the City Council
set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 78923 through 78939 in the amount
Of $9,049.76.
Payroll:The payroll Issued on June 4,1993 havingbeen approved pursuantto the ruleof the City Council
set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 78940 through 79114 in the amount
of $180,383.75.
I.CITIZEN INPUT
GAMBLING TAX
Jackie Lowry,Sportsman Tavern,requested that city staff be directedto present figures to the Council for '
the purpose of re-evaluatingthe gambling tax issue.
Action Taken:Mr.Reese moved that staff be directed to review the gambling figures from the taverns and
reportto the Council,seconded by Mr.Jackson, and passed with Mrs.Brown and Mr.Pearce opposed.
is^J II.EMPLOYEE PRESENTATIONS
Municipal Services Department: Paul Maybee, Street Division Supervisor,Wade VanDoren, Water Quality
Specialist,Jack Zeppenfield, Maintenance Worker II,Streets, and Randy Graffe, Engineering Technician I
were presented to the Council.
Police Department:Mr.Collier would like the city to recognize Officer Sands and Sgt.Keller for their efforts /O /A
in saving the life of a little girl who had fallen into a pool.
Mrs.Brown stated that Kathy Perrins,the person who called 911,would like to have the dispatcher
commended also.
32,231.11 SANITATION FUND 54,092.94
2,480.25 SELF-INSURANCE 553.11
3,512.87 CENTRAL SERVICES 18,520.56
83,355.92 EQUIP RENTAL-OPERATIONS 13,621.67
14,832.28 BUILD MAINT-OPERATIONS 100,650.18
19,699.55
71,307.24 TOTAL $414,857.68
$3,220.41 CENTRAL SERVICES 71.00
132.80 BUILD MAINT-OPERATIONS .62
5,190.08
5,695.119 TOTAL $14,310.02
0
V^
0^
)0ff
OM
4754
CITY COUNCIL MINUTES:2 June 8,1993
III.CONSENT AGENDA
PTBA Interlocal Agreement:An agreement was presented for the Mayor's signature between the Grant
County PublicTransportationBenefitAreaand the Cityof Moses Laketo provideforreimbursement forstaff
time,supplies,and services provided by the city to the PTBA.
Request to Sell Fireworks:Matt and Dayna Jennings have requested permission to sell fireworks from a
stand at 825 N.Stratford Road.
Action Taken:Mr.Biallas moved thatthe Consent Agenda be approved,seconded by Mr.Collier,and /~\
passed unanimously.
IV.CONSIDERATION OF BIDS
FAMILY AQUATIC CENTER
The city received bids for the family aquatic center.
Joseph K.Gavinski, City Manager,stated that Gremmer-Ohm has recommended that contracts 1, 2, and
3 be awarded but that contract 4 be rebid since it exceeded the architects estimate and only one bid was
received.Rebidding contract 4 should not delay the project in any way.
Action Taken:Mr.Collier moved that the family aquatic center contracts 1 and 2 be awarded to Abraham
Construction inthe amount of $1,057,336.68 and $555,033.58 respectively,contract 3 be awarded to Burgin
Mechanical in the amount of $200,492.88, and contract 4 forthe electrical be rebid,seconded by Mr.Biallas,
and passed with Mr.Jackson opposed.
1993 STREET IMPROVEMENT PROJECT
Staff recommended that the contract forthe 1993 Street Improvement Project inthe amount of $482,129.33
be awarded to Marchand Construction.
Action Taken:Mr.Reese moved that the contract be awarded to Marchand Construction in the amount of
$482,129.33,seconded by Mrs. Brown, and passed unanimously.
V.PETITIONS.COMMUNICATIONS.OR PUBUC HEARINGS
ORDINANCE -YOST/PUGH ANNEXATION -2ND READING/PUBLIC HEARING
An ordinance was presented which annexes property owned by Grant and Helen Yost and Mrs. Pugh
located adjacent to Highway 17 and Nelson Road.
The public hearing was opened.
Douglas Yost,8220, 228th Street, Woodinville,stated that the development will include full width street
improvements and city water and sewer services.The development will be fenced and the homes will be
between 1200 and 1900 square feet in size in 5 to 10 different home plans. Prices should range between
$80,000 to $110,000.All the front yards wilj be landscaped.The property will be developed in phases over
2 to 5 years.
Action Taken:Mr.Biallas moved that the public hearing be closed,seconded by Mr.Reese,and passed
unanimously.
The ordinance annexingcertain specifiedterritory tothe Cityof Moses Lake,Washington,and incorporating
the same within the corporate limits of the Cityof Moses Lake,and which provides forthe assumption of
existing indebtedness and establishes the zoning was read by title only.
ActionTaken:Mr.Pearce moved that the second readingof the ordinance be adopted,seconded by Mr.
Reese,and passed unanimously.
Mr.Pearce pointed out that with this annexation,Tax #10850 and Tax #9409 would become an island of f^
unincorporated property inside the city limits.
Mr.Rimplerequested that city staff inform the Council of the process involvedinannexing this island into
the city.
VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -PARKING -1ST READING
An ordinance was presentedwhichestablishesa no parking areaon Marina Drive from the easterlyright-of-
way of Central Washington Railroad to 350' westerly and southerly on both sides.
n
u
4755
CITY COUNCIL MINUTES:3 June 8,1993
The ordinance amending Chapter 10.12of the Moses Lake Municipal Code entitled "Parking Regulations"
was read by title only.
ActionTaken:Mr.Biallas moved thatthe first readingofthe ordinancebe adopted,seconded by Mr.Reese,
and passed unanimously.
VII.REQUESTS TO CALL FOR BIDS -None
VIII.REFERRALS FROM COMMISSIONS
ORDINANCE - SIGNS AND BILLBOARDS -1ST READING ,
An ordinance was presented which amends the regulations for signs and billboards in the city limits.
There was some discussion by the Council.
The ordinance amending Chapter 18.56 of the Moses Lake Municipal Code entitled "Signs and Billboards"
was read by title only.
ActionTaken:Mrs.Brown moved that the first reading of the ordinance be adopted,and the second reading
and a public hearing be scheduled for June 22,seconded by Mr.Reese,and passed unanimously.
^J
ORDINANCE -PUBLIC HEARING PROCEDURES -1ST READING
An ordinance was presented which establishes the requirements for a public hearing and notification of
property owners for zone change requests,conditional uses,zoning variances,and non-conforming uses.
Gilbert Alvarado,Senior Planner,explained the process the city previously used to notify the public when
public hearings were scheduled and why the procedure is being changed.
There was some discussion by the Council.
The ordinance amending Chapter 18.72 of the Moses Lake Municipal Code entitled "Public Hearing
Procedures"was read by title only.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted and the second reading
and a public hearing be scheduled for June 22,seconded by Mr.Collier, and passed unanimously.
ORDINANCE -MAINE/HANSEN ANNEXATION -1ST READING
An ordinance was presented which annexes property along Westshore Drive tothe city./&$a
The ordinance annexing certain specified territory tothe 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.Reese moved that the firstreading of the ordinance be adopted and the second reading
and a public hearing be set for June 22,seconded by Mr.Jackson,and passed unanimously.
ORDINANCE -JUNIPER DRIVE VACATION -1ST READING
An ordinance was presented which vacates the portion of Juniper Drive located in the Christian Church
Addition.
Phil Bloom,representing the project,requested that the city waive the requirement to pay the city one half
the appraised value of the property since the Christian Church originally dedicated the street to the city.
No improvements were ever made on the street.
The Council discussed the request to waive the payment to the city and how much the payment would be.
{^_J Action Taken:Mr.Jackson moved that the ordinance be tabled until the June 22 meeting and staff be
directed to research the history of the street dedication,the probable value of the dedication,and other
street vacations,seconded by Mr.Pearce, and passed unanimously.
Mr.Pearce requested staff look into the possibility of vacating the remainder of Juniper Drive in this area.
ORDINANCE -CHOPAKA ZONE CHANGE -1ST READING
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.Extension of city waterand sewer willbe required and street improvements may
be required inthe future.The Planning Commission recommended thatthe zone change request be granted
/D^/
ion
)>90
)0l3
I'/Ab
4756
CITY COUNCIL MINUTES:4 June 8,1993
provided a 25'access easement is granted to the adjacent property owners.The easement would be for
the purpose of maintaining a buffer area so that no construction could take place immediately adjacent to
the property line.
Joseph K.Gavinski,City Manager,stated that Bob Bernd, Planning Commissioner,has indicated that the
Planning Commission minutes do not accurately reflect his motion and that he only meant to provide a 25'
buffer so that development could not occur within the area other than landscaping,parking, etc.
Gilbert Alvarado,Senior Planner,stated that the Planning Commission minutes have been amended as
requested by Mr.Bernd./~\
There was some discussion by the Council.
Phil Bloom,representing the developer,stated that a meeting was held with the property owners priorto
the Planning Commission meeting and they wished a buffer zone so that development would not take place
to the property line.
The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only.
Action Taken:Mr.Pearce movedthat the firstreading of the ordinance be adopted and the second reading
and a public hearing be scheduled for June 22,seconded by Mr.Pearce, and passed unanimously.
RESOLUTION -ABANDON EASEMENT -ASSEMBLY OF GOD CHURCH
A resolution was presented which provides for the abandonment of an easement extending 230'southwest
from Brown Street adjacent to the easterly boundary of Lot 1 and a portion of the easterly boundary of Lot
4 of the Assembly of God Subdivision.The church is requesting the abandonment in order to allow the
property to be developed.The only utility in this easement was a gas line which has already been
abandoned.
The resolution authorizing abandonment of an easement was read by title only.
Action Taken:Mr.Jackson moved that the resolution be adopted,seconded by Mr.Collier,and passed
unanimously.
HAYDEN ESTATES PLANNED DEVELOPMENT DISTRICT FINAL PLAT
The Hayden Estates Planned Development Districtis a 43 lot planned unit residential development located
off of Clover Drive.The area is zoned R-1,Single Family Residential.The subdivision will be served with
city water and sanitary sewer.New subdivision streets,water mains,sanitary sewer system extensions,and
storm water control infrastructure will be required to be constructed to city standards.The Planning
Commission recommended that the final platbe approved withthe stipulationthat the comments of the City
Engineer beaddressed and satisfied and the developers pay to the city the sum of $3,000 to be used toward
the construction of a signal lightat the intersection of Nelson Road and Highway 17 before the plat is signed
off by the city and recorded with the Grant County Auditor.
Action Taken:Mr.Biallas moved that the plat be approved as recommended bythe Planning Commission,
seconded by Mr.Reese,and passed unanimously.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
r^
)0o&TREES
Staff researched the question of revising the ordinance for planting trees within 100' of a sewer main and
recommended that the ordinance not be changed. WhilePVCpipe is impermeable,the jointsmay not be
and ifany partof a root penetrates the pipe, the root will grow to the diameter of the pipe. Landscaping
journals do not recommend poplars to be planted near sewer mains because their roots are so invasive.
Gary Harer,Municipal Services Director,showed a piece of pipethat had been invaded by roots that grew
to the size of the pipe.
Joseph K.Gavinski,City Manager,pointedout thatwhilethe pipemay be impermeable,there isstill leakage
around the joints and roots can penetrate the pipe at that point.
After some discussion ft was the consensus of the Council that the ordinance not be changed and Gary
Ham's appeal to plant poplars within 100'of the sewer main not be granted.
ActionTaken:Mr.Collier moved thatthe ordinancenot be changed and GaryHam'sappealto plantpoplars
within 100'of the sewer mainnot be granted,seconded by Mr.Pearce,and passed unanimously.
n
\
u
\J
4757
CITY COUNCIL MINUTES:June 8, 1993
X.COUNCIL QUESTIONS AND COMMENTS
SIGNS
Mr.Pearce requested staff check into the sign erected by PKF Jewelry.
CATS
Mr.Pearce stated that he had received a complaint about the amount of cats on Skyline Drive and the flies
and odor associated with them.
PANHANDLERS
fl7?Mr.Collier stated that he had received some complaints about the people soliciting funds on the street
corners and wanted to know what the city could do about it.
Joseph K. Gavinski, City Manager,stated that he could contact the City of Seattle since they have this
problem on a much larger scale than does Moses Lake.
Fred Haynes, Police Chief,stated that the Police Department has contacted these people and they are not
really asking for money.They are asking to work for food.
XI.CITY MANAGER REPORTS AND COMMENTS
FIREWORKS
Joseph K.Gavinski, City Manager, pointed out that several jurisdictions have restricted the sale and use of
fireworks this year. Last year the City of Moses Lake restricted the discharge of fireworks to one day but
did not restrict the sale of fireworks. He stated that Grant County has restricted the sale of fireworks but
not their discharge; Ephrata and Quincy have not made any restrictions;and Othello has restricted both the
sale and discharge of fireworks.
Dave Helms,Asst.Fire Chief,stated that there were 18 fires in 1991 and 11 fires in 1992 that were
attributable to fireworks.
There was some discussion by the Council and it was determined that the discharge of fireworks should be
restricted to 9 a.m.to 11 p.m. on July 4.
The ordinance restrictingthe discharge of fireworks from 9 a.m to 11 p.m. on July 4,1993 and subsequent
years was read in its entirety.
ActionTaken:Mr.Pearce movedthat an emergencybe declared and theordinance restricting the discharge
of common fireworks on July 4 from 9 a.m.to 11 p.m. in 1993 and subsequent years,be adopted on a
single reading,seconded by Mr.Jackson,and passed unanimously.
The regular meeting was recessed at 8:45 p.m. and the Council met in executive session to discuss
litigation.The executive session was adjourned at 9 p.m. and the regular meeting was reconvened. The
regular meeting was recessed at 9 p.m.
/0*F
ATTEST:"""''^^^
u
o
^J
BEFORE THE PLANNING COMMISSION OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE HAYDEN ESTATES )HAYDEN ESTATES PLANNED UNIT
PLANNED UNIT DEVELOPMENT )DEVELOPMENT 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 beforetheCommission on May 27,1993.
1.2 Proponent.Hayden Enterprises is the proponent of this plat.
1.3 Purpose.The proponent has submitted a plat for property legally described as follows:
A portion of the SEJ4 of Section 23,Township 19 North,Range 28 East, W.M., Grant County,
Washington,described as follows:
Commencing at the southeast corner of said Section 23;thence N 00°19'07"E along the east
line of said Section 514.16 feet to a point on the centerline of Clover Drive;thence N 89°40'53"
W 30.00 feet to a point on the west right-of-way line of said Clover Drive and the True Point
of Beginning;thence along said right-of-way line S 00°19'07"W 167.40 feet to the beginning
of a 543.00 foot radius curve concaveto the west;thence along said curve to the right through
a central angle of 1°19'48"an arc distance of 12.60 feet (the chord bears S 0°59'13"W,12.60
feet)to a point on the north line of the S %SEliSEJiSEli of said section 23;thence along said
North line of S %SEy4SE%SE%of said Section 23 and the north line ofWebko's Second Short
Platfiled in Book 3, Page 15 of Plats,Records of GrantCounty,Washington and the north line
of Christian Church Addition filed in Volume 8, Page 31 of Plats,Records of Grant County,
Washington,N 89°46'31"W 1303.54 feet to a point on the east line of Columbia Homes
Addition Unit No. 2 filed February 26, 1953 Records of Grant County,Washington;thence
along the said east line of Columbia Homes Addition Unit No. 2 N 00°20'19"E 232.00 feet;
thence S 89°46'31"E 150.00 feet;thence N 00°20'19"E 5.00 feet;thence S 89°46'31"E 105.48
feet;thence N 00°13'29"E 13.00 feet;thence S 89°46'31"E 700.00 feet;thence N 00°19'07"
E 100.00 feet;thence S 89°46'31"E 58.00 feet;thence N 00°19'07"E 50.00 feet;thence N
89°46'31"W 80.00 feet;thence N 14021'16"W 118.42 feet;thence N 00°19'07"E 168.06 feet;
thence S 89°40*53"E 280.00 feet;thence S 00°19'07"W 522.00 feet;thence S 89°40'53"E
100.00 feet to the beginning of a 20.00 foot radius curve concave to the northwest;thence
along said curve to the left through a central angle of 90° an arc distance of 31.42 feet (the
chord bears N 45°19'07a E 28.28 feet) to the true point of beginning.
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 proponent is the owner of the property.
2.2 The property is currently zoned R-1,Single Family Residential.
2.3 Traffic mitigation was established.
2.4 The final plat complies with the conditions of the preliminary plat.
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 for the Planning Commission 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 October 29,1992.Therefore,there should be no undesirable
environmental problems created.
3.5 Itis in the best interests and welfare of the city's citizens to platthe property as proposed.
4.RECOMMENDATION OF THE PLANNING COMMISSION.
On the basis ofthe foregoing findings of fact and conclusions,it is the recommendation of the f~\
Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that
the plat be approved with the stipulation that the comments of the City Engineer be addressed and
that $3,000 forthe signallightto be constructed at Nelson and Highway 17 be collected by the city
priorto recording of the final plat.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date. A public meeting was held upon proper notice before the Council on June 8,1993.
5.2 Proponent.Hayden Enterprises 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 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 R-1,Single Family Residential.
6.3 Traffic mitigation was established.
6.4 The final plat complies with the conditions of the preliminary plat.
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 authorityto make a decision on
a final plat.
7.2 The plat is properly before the Council for its decision.
7.3 Itis proper at this time forthe City Councilto 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.
Dated:June 8,1993
n
o