1992 11 104683
MOSES LAKE CITY COUNCIL
November 10,1992
Council Present: JoAn Brown,Daryl Jackson, Dick Collier,Richard Pearce,Bill Reese, and Roger Biallas
Absent:Wayne Rimple
Mr.Jackson moved that Mr.Biallas be appointed Mayor Pro Tern,seconded by Mr.Collier,and passed
unanimously.
MINUTES:Mr.Pearcemoved thatthe minutes ofthe meeting of October 27,1992 be approved,seconded
by Mrs.Brown, and passed unanimously.
s
O APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved,seconded
by Mr.Collier,and passed unanimously.
Vouchers audited and certified by the Finance Directoras 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 October 27, 1992 for the funds listed below are approved in the amount of
$316,010.06.
GENERAL FUND
STREET
STREET REPR/RECON
EQUIPMENT LEASES
STREET IMPROVEMENT
WATER/SEWER FUND
WATER/SEWER BONDS
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$12,724.24 WATER/SEWER CONSTRUCTION 22,320.61
5,105.74 1973 WATER/SEWER BONDS 137.50
160,554.62 SANITATION FUND 57,357.31
65.54 CENTRAL SERVICES 9,636,.15
23,067.83 EQUIP RENTAL-OPERATIONS 8,803.07
1,680.45 BUILD MAINT-OPERATIONS 14,156.56
312.50 FIREMANS PENSION 87.94
TOTAL $316,010.06
Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by
Moses Lake Municipal Code3.42.030 and the internal control policy approved by the CityCouncil have been
recorded on a listingwhich has been made availableto the City Council. The claims listed below are ap
proved in the amount of $290,670.88 for all funds.
GENERAL
STREET
EQUIPMENT LEASES
WATER/SEWER FUND
1973 WATER/SEWER BONDS
$7,982.38 WATER/SEWER LEASES 676.24
253,4773.90 SANITATION FUND 5,346.84
5,225.53 CENTRAL SERVICES 21,820.95
8,331.14 EQUIP RENTAL-OPERATIONS -12,550.29
137.50 BUILD MAINT-OPERATIONS 226.69
TOTAL $290,670.88
Checks: Checks 35689 through 35827 issued on October 28, 1992 were approved for payment at the
Council meeting held on November 10,1992inthe total amount of $354,013.95.
Payroll:The payroll issued on October 30,1992 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 76430through76445inthe
amount of $8,149,25.
Payroll:The payroll issued on November 6,1992 having been approved pursuant to the rule of the City
Council set forth inMoses LakeMunicipal Code 3.42.040,was paid by checks 76446through76600 inthe
amount of $165,058.88.
I.CITIZEN INPUT -None
II.EMPLOYEE PRESENTATIONS
Municipal Services Department: Operations Division:Collene Gonzales, Maintenance Worker I,Water and
Chad Strevy,Maintenance Worker I,Sewer were introduced to Council.
III.CONSENT AGENDA -None
IV.CONSIDERATION OF BIDS -None
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
PUBLIC TRANSPORTATION BENEFIT AREA
Gordon Kirkemo,Washington State Department of Transportation,explained the process for the formation
of a publictransportation benefit area.
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CITY COUNCIL MINUTES:2 November 10,1992
There was some discussion by the Council.
Action Taken:Mr.Jackson moved that the City of Moses Lake be included in the PTBA,seconded by Mr.
Pearce, and passed unanimously.
TAXI REGULATIONS
H. A. Walker,owner of the Grant County Taxi,requested the Council amend the taxi regulations to allow
former felons to drive a taxi as Everett does.After 10 years of responsible living, Everett allows felons to
drive ataxi.f~*\
The Council requested additional information on what other cities do in relation to allowing felons to drive
taxicabs.
It was the consensus of the Council that this matter be tabled until further information is available.
q}0 ORDINANCE -BUDGET -PUBLIC HEARING/1 ST READING
An ordinance adopting the 1993 budget was presented.
The public hearing was opened.There were no comments.
Mr.Pearce moved that the public hearing be closed,seconded by Mrs. Brown, and passed unanimously.
The ordinance adopting the budget for the City of Moses Lake,Washington for the year of 1993 was read
by title only.
Action Taken:Mr.Reese moved thatthe first reading of the ordinance beadopted,seconded by Mr.Collier,
and passed unanimously.
VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -PARKING -2ND READING
An ordinance was presented which amends the parking ordinance to provide for 2 hour parking on certain -^
streets within the city limits as well asthenew parking lot.f\
Alan McFadin,Downtown Business Association,requested that some of the parking spaces in the new
parking lot be reserved for employee parking so that customers can park on the street. It was suggested
that half of the parking spaces be reserved for employee parking.The Downtown Business Association
would attempt to policethe two hour parkinginthe downtown area. A listof those businesses in support
of employee parking in the new parking lot was submitted.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations"
was read by title only.
Mr.Jackson was not In favor of providing employee parking in a public parking lot.
Mr.Pearce pointed out that there is no room in the downtown area that can be set aside for employee
parking.
The Councildiscussed the prosand cons of providingall day parkinginthe new parkinglotincertainareas.
ActionTaken:Mr.Jackson moved that the second reading ofthe ordinancebe adopted and the summary
for publication be approved,seconded by Mr.Collier,and passed with Mr.Jackson,Mr.Collier,and Mr.
Biallas in favor and Mrs.Brown,Mr.Pearce, and Mr.Reese opposed.
Action Taken:Mr.Collier movedthatthe ordinance be broughtbackatthe next meeting,seconded by Mr.
Jackson,and passed unanimously.
ORDINANCE -BUILDING PERMITS -2ND READING ^
An ordinancewas presented which provides for placement fees forsingle and double wide mobile homes.
The ordinance amending Chapter 16.12 ofthe MosesLake Municipal Code entitled "Building Permits"was
read by title only.
Action Taken:Mr.Reese movedthatthe second reading ofthe ordinance be adopted andthe summary
for publication be approved,seconded by Mr.Pearce,and passed unanimously.
->|ORDINANCE -PUBLIC HEARING PROCEDURES -2ND READING
An ordinance was presentedwhich brings the public hearing procedures in line withthe requirements and
responsibilities ofa non-charter code cityandalsoamendsthe feesto coverthe costs of providing notice.
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CITY COUNCIL MINUTES:3 November 10, 1992
The ordinance amending Chapter 18.72 of the Moses Lake Municipal Code entitled "Public Hearing
Procedures"was read by title only.
Action Taken:Mr.Jackson movedthatthe second reading ofthe ordinance be adopted andthe summary
for publication be approved, seconded by Mrs.Brown,and passed unanimously.
ORDINANCE -FEES -2ND READING
An ordinancewas presented which sets the fees forreviewsand permitsforannexations, plats,shorelines,
,-vacations,environmental reviews,zone changes,conditional and unmentioned uses,non-conforming uses,
\_J and zoning variances.The fees would cover the city's expenses.
The ordinancecreatinga new chapter3.54ofthe Moses Lake Municipal Code entitled"DevelopmentReview
and Permit Fees" was read by title only.
ActionTaken:Mrs.Brown moved that the second reading of the ordinance be adopted and the summary
for publication be approved,seconded by Mr.Pearce,and passed unanimously.
ORDINANCES -FIRE CODES -1ST READING
Three ordinances were presented which amend Chapters 16.36, 16.40, and 16.44 concerning fire codes.
The ordinance amending Chapter 16.36 ofthe Moses Lake Municipal Code entitled "Fire Code"was read /&3 &
by title only.
Action Taken:Mr.Collier moved that the first reading of the ordinance be adopted,seconded by Mr.
Jackson,and passed unanimously.
The ordinance repealing Chapter 16.40 of the Moses Lake Municipal Code entitled "FireAlarm Code"was
read by title only.
Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by Mr.
Jackson,and passed unanimously.
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The ordinance repealing Chapter 16.44 of the Moses Lake Municipal Code entitled "FireZones"was read
by title only.
Action Taken:Mr.Jackson moved that the first reading of the ordinance be adopted,seconded by Mr.
Collier, and passed unanimously.
VII.REQUESTS TO CALL FOR BIDS -None
III.REFERRALS FROM COMMISSIONS
SAGE BAY DIVISION #8 PRELIMINARY PLAT
Moses Lake Properties has submitted a preliminary plat forSage Bay Division #8 located off of Sage Bay
Driveand Windrose Drive.The area is zoned R-1,Single FamilyResidential. The subdivision will be served
with citywater and sanitarysewer. New street,utility,and storm water controlinfrastructure,constructed
to citystandards,will be required to servethe proposed subdivision.Threevarianceshavebeen requested:
1.Variance to the requirement that all lotlinesbe within 20%of perpendicular to the street right-of-way.
2. Variance to allow construction of Paxson Drive at a later date. The developer shall provide for half
width street improvements for a 36' street width with sidewalks.
3.Variance toallow construction of an intersection at Blanchetteand Suncrest and Windrose and Paxson
instead of cul de sacs.
The Planning Commission recommended to Council thatthe preliminary plat and variances be approved.
A Mitigated Determination of Non-Significance was issued by the Planning Commission.This plat was
determined tohavea non-significant adverse impact onthe environment provided thaterosion ofthe existing
steep bank isaddressed,left hand turn lanes are provided into Sage Bay Drive and Windrose,and Paxson
Drive adjacent tothe plat isconstructed when required bythe city.The Council may wish to require these
mitigation measuresbe accomplished as part ofthe plat process.
The Planning Commission also recommended that the city proceed with the construction of Paxson Drive
at the present time and establish a reimbursement schedule to pay for thecost oftheconstruction.
Joseph K.Gavinskl,City Manager,stated that for reimbursement of street improvements,the city has to
enter into a contract with the developer forthe street improvements.
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CITY COUNCIL MINUTES:4 November 10,1992
Philip Bloom,representing the developer,statedthatthe developerhas agreedto sign a covenant for their
portion of the street improvements to Paxson but there is also the need for an agreement between the
developer and the city for reimbursement purposes.
Action Taken:Mr.Pearce moved that the recommendation of the Planning Commission to accept the
preliminary plat and variancesbe approved,that an agreementand covenant be required for construction
and reimbursement of Paxson Drive,that erosion of the existing steep bank be addressed,left hand turn
lanes be providedintoSage Bay Drive andWindrose Drive,andthe Findings of Factbe accepted,seconded
by Mr.Collier,and passed unanimously.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
0 FAMILY AQUATIC CENTER
The Aquatic Design ReviewCommittee recommended that the city proceed withthe aquatic center. Staff
requested direction from the Council.
Action Taken:Mr.Pearce moved that staff proceed with the Family Aquatic Center proposal that was
originally presented and approved by the Aquatic DesignReviewCommittee,seconded by Mr.Reese, and
passed with Mr.Jackson opposed.
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USE OF CITY RIGHT-OF-WAY -NEWTON
Robert Newton has requested the use of city right-of-wayat 415 PioneerWay for the Newton's CarCorner.
Mr.Reese stated that he had no problems with allowingthe use of the city right-of-way since it has been
done for years.
Mr.Collier wanted to know if other car dealerships have set back requirements they have to meet.
There was some discussion by the Council and it was pointed out that there should be an agreement
between the city and Mr.Newton which would include Indemnification of the city.There was some
discussion about the set backs and amount of insurance needed.
Action Taken:Mr.Pearce moved that the request to use city right-of-way be tabled,seconded by Mr.
Collier,and passed unanimously.
SKATING RINK CONCESSION
The Parkand Recreation Commission recommended to the Council that the proposal from Espresso Breaks
to provide concessions at the city's ice skating rink be accepted for the 1992-93 season.
Action Taken:Mr.Pearce moved thatthe proposal from Espresso Breaks to provide concessions at the ice
skating rink be accepted,seconded by Mr.Jackson,and passed unanimously.
It was requested that the concessionaire be required to keep the area clean.
ACCEPT WORK -1992 STREET RESURFACING PROJECT
Basin Paving has completed work on the 1992 Street Resurfacing Project. The work should be accepted
and the 30 day lien period entered into.
Action Taken:Mr.Reese moved that the work be accepted,seconded by Mr.Collier,and passed
unanimously.
X.COUNCIL QUESTIONS AND COMMENTS
NO SMOKING
Mrs.Brown recommended that the ice skating rink be designated as a no smoking area as people are
throwing cigarette butts onto the ice.She also suggested that no smoking areas be designated at the
amphitheater.
There was some discussion by the Council.
Action Taken:Mrs.Brown moved that the ice skating rink and the amphitheater be designated as no
smoking areas,seconded by Mr.Reese, and passed with Mr.Jackson opposed as he did not feel no
smoking limits should be imposed out of doors.
XI.CITY MANAGER REPORTS AND COMMENTS
)003 INVESTMENT REPORT
The city received $102,873.36 in investment income for the month of October 1992.
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CITY COUNCIL MINUTES:5 November 10,1992
AWC REPORT
Joseph K.Gavinski,City Manager,distributed a letterfromAWCoutlining the majorissues discussed during
the October 2 board meeting.
The regular meeting was adjoumed at 9:15 p.m.
\*J ATTEST:
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BEFORE THE PLANNING COMMISSION/CITYCOUNCIL OFTHE
CITY OF MOSES LAKE,WASHINGTON
)
IN THE MATTER OFTHE SAGE BAY ) SAGE BAY DIVISION #8
DIVISION #8 PREUMINARY PLAT )
)
) FINDINGS OF FACT,CONCLUSIONS,
) AND DECISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A public meeting was held upon proper notice before the Commission on September
10 and 24,1992.
1.2 Proponent.Moses Lake Properties is the proponent of this plat.
1.3 Purpose.The proponent has submitted a plat and the following three variances:
1.Variance to the requirement that alllot lines be within 20% of perpendicular to the street
right-of-way.
2.Variance to allow construction of Paxson Drive at a later date.The developer shall
provide for half width street improvements for a 36'street width with sidewalks.
3.Variance to allow construction of an intersection at Blanchette and Suncrest and
Windrose and Paxson instead of a cul de sac.
for property legally described as follows:
A portion of Sections 15 and 22,Township 19 North,Range 28 East, W.M., Grant County,
Washington,more fully described as follows:
Commencing at the northwest corner of said Section 22 and the true point of beginning
thence South 0°33'30"West,along the west line of said Section 22, 1,003.58 feet;thence
South 89°26'30"east,40.00 feet;thence North 78°56'27"east,167.91 feet;thence North
75°24'47"east,170.17 feet;thence South 17°41'01"east,59.68 feet;thence North 72°22'07"
east,124.10 feet to the most westerly corner of Sage Bay Division No. 6 plat as recorded in
Vol. 13 of Plats, page 56,Records of Grant County, WA;thence North 59°45'36" east, along
the northwesterly boundary of said Sage Bay Division No. 6, 653.95 feet to the northwest
corner of Lot 4 of said Sage Bay Division No.4,240.00 feet to the northeast corner of Lot 2
of said Sage Bay Division No. 4;thence continuing on said northwest boundary North
61°41'05"east,90.16 feet to the northwest corner of Sage Bay Division No. 3 as recorded in
Vol. 2, Page 45 of Plats,Records of GrantCounty, WA;thence North 64°14'59"east along the
northwest boundary of said Sage Bay Division No. 3, 319.91 feet to the northwest corner of
Lot56,Sage Bay Division No. 2 as recorded in Vol.10 of Plats,page 53, Records of Grant
County, WA;thence along the northwesterly boundary of said Sage Bay Division No. 2, 5
courses and distances:North 64°15'42"east,150.85 feet; North 13°24'05"east,84.44 feet;
North 22°06'38"west,90.00 feet; North 67°53'22"east,115.00 feet; North 22°06'38"west,
60.00 feet to the northwest right-of-way of Sage Bay Drive as shown on the platof Sage Bay
Division No. 2 said point being on the southeasterly boundary of the plat of Sage Heights
Division No. 1 as recorded inVol.II,Page 6 of Plats,Records of GrantCounty, WA;thence
South 67°53'23"west along the southeasterly boundary of said Sage Heights No.1,78.61 feet
to the southwest corner of Lot 33 of said Sage Heights No. 1;thence North 22°00'30"west
alongthe southwesterlyboundaryof said Lot33,120.00 feet;thence North 68°00'17"east
alongthe northwestboundaryof Lots33,32,31,30 and 29of saidSage Heights Division No.
1, 392.00 feet;thence North61°13'19"east along the northwest boundary of Lot 28 of said
Sage Heights Division No.1,13.05 feettothe southwestcornerof Lot22of saidSage Heights
Division No. 1;thence North 38°23'01"west along the southwest boundary of said Lot 22,
131.34 feet to the southeasterly right-of-way ofWindrose Drive;thence North44°20'18"west
60.00feet to the northwesterly right-of-way ofWindrose Drive as shown on saidSage Heights
i I Division No.1;thence around a non-tangent curve concave to the northwest with a radius of
^^173.20 feet an arc distance of38.16 feet,the chord ofsaid curve being North 39°21 "00"east
38.08 feet;thence North56°57'43"west along the southwest boundary of Lots 21,20,19,18,
and 17 of said Sage Heights Division No.1,467.10 feet to the southeasterly boundary of
Knolls Vista 17th Additionas recorded in Vol.6, Page 45 of Plats,Records of GrantCounty,
WA;thence South 62°15*15"west 399.64 feet to the southwest corner of said Knolls Vista 17th
Addition;thence South 27°52'57"east on the northeast boundary of parcelof land recorded
under Auditor's File No. 452616, 130.00 feet to the southeast corner of said parcel;thence
South 62°15'20"west along the southeast boundary of said parcel 1,086.24 feet to the
southwest cornerof said parcel filed under Auditor's File No.452616;thence arounda non-
tangentcurveconcaveto the west,with a radius of872.20 feetanarcdistance of431.60 feet,
the chord of said curve being North 13°36'11"west,427.20 feet, said point being the point of
curvature on the southwest boundary of KnollsVista 18th Addition as recorded inVol. 9, page
7 of Plats,Records of Grant County,Washington;thence North 27°46'22"west along the
southwest boundary of Knolls Vista 18th Addition, 230.79 feet to the northwest corner of said
KnollsVista 18th Addition;thence South 62°13*38"west,30.00 feet to thewesterly right-of-way
of Paxson Drive as shown on the Plat of Park Orchards Tracts Page 36 of Acreage Plat Book,
Records of Grant County, Washington;thence North 27°46'22"west along the west right-of-
wayof said Paxson Drive,60.00 feet;thence around a non-tangent curve concave to the north,
with a radius of 190.88 feet, an arc distance of93.05 feet,the chord of said curve bears South
76°11'32"west,92.13 feet,to the west line of said Section 15,thence South 0°09'25"west
along the west line of said Section 15,508.40 feet to the southwest corner of said Section 15 f~^
and the 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.
D.Comments from citizens at the public hearing.
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 The proposal is a continuation of the existing Sage Bay development
2.4 The project addresses the development of Paxson Drive.
2.5 The revised street plan will enhance the area
2.6 The developer will pay the cost of constructing 36'of Paxson Drive.
2.7 The lot lines will not adversely affect the placement of buildings on the lots.
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 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 September24,1992.Therefore,there should beno 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 of the foregoing findings of fact and conclusions,it is the recommendation of the
Planning Commission of the City of Moses Lake to the CityCouncil of the City of Moses Lake that
the preliminaryplatand the requested variances be approved with the stipulation that a covenant be
required for the improvements to Paxson Drive.
5.FURTHER HEARING BEFORE THE CITY COUNCIL
5.1 Date. A public meeting was held upon proper notice before the Council on November 10,
1992.
5.2 Proponent. Moses Lake Properties is the proponent of this plat.
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5.3 Purpose. The proponent has submitted a preliminary platand the following three variances
1.Variance to the requirement that alllot lines be within20% of perpendicular to the street
right-of-way.
2. Variance to allow construction of Paxson Drive at a later date. The developer shall
provide for half width street improvements for a 36'street width with sidewalks.
3.Variance to allow construction of an intersection at Blanchette and Suncrest and
Windrose and Paxson instead of a cul de sac.
\^J 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 The proposal is a continuation of the existing Sage Bay development.
6.4 The project addresses the development of Paxson Drive.
6.5 The revised street plan will enhance the area.
6.6 The developer will pay the cost of constructing 36'of Paxson Drive.
6.7 The lot lines will not adversely affect the placement of buildings on the lots.
7.FURTHER CONCLUSIONS BY THE CITY COUNCIL
From the foregoing findings of fact the Council makes the following conclusions:
7.1 The CityCouncilof the City of Moses Lake is vested withthe authorityto make a decision on
a preliminary plat.
7.2 The plat is properly before the Council for its decision.
7.3 It is proper atthis time for the City Council to make a decisionon this preliminary plat.
8.DECISION.
The City Council of the City of Moses Lake agrees with the recommendation of the Planning
Commissionand approvesthe preliminary plat withthe stipulation that an agreement and covenant
be required for construction and reimbursement of Paxson Drive,thaterosionof the existing steep
bank be addressed, and left hand turn lanes be provided intoSage Bay Drive and Windrose Drive.
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Dated:November 10,1992
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