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1992 08 114661 CITY COUNCIL CITY OF MOSES LAKE August 11, 1992 Members Present: Wayne Rimple,JoAn Brown,Daryl Jackson,Bill Reese, Dick Collier,Richard Pearce,and Roger Biallas MINUTES:Mr.Pearce moved that the minutes of the meeting of July 28 be approved,seconded by Mr. Collier,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS \^J Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved,seconded by Mrs.Brown,and passed with Mr.Rimpleabstaining fromvoting forthat portionof the billsto Moses Lake Steel Supply and Faber Industrial Supply. 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 August 11, 1992 for the funds listed below are approved in the amount of $618,582.33. GENERAL FUND STREET STREET REPR/RECON MID-PENINSULA BLK GRNT STREET IMPROVEMENT WATER/SEWER FUND 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 bythe City Council have been recorded on a listingwhich has been made availableto the City Council. The claims listed below are ap proved in the amount of $15,242.22 for allfunds. Checks:Checks 34681 through 34985 issued on July 29,1992 were approved for payment at the Council meeting held on July 28,1992 in the total amount of $179,577.23. Payroll:The payroll issued on July 31,1992 havingbeen approved pursuantto the ruleofthe City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 75177 through 75357 in the amount of $219,712.88. Payroll:The payroll issued on July 31,1992 having been approved pursuant to the rule ofthe CityCouncil set forth in Moses Lake Municipal Code 3.42.040,was paidby checks 75358through75373inthe amount of $8,149.24. I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS Police Department:Asst.Chief Dean Mitchell was awarded a Midmanagement Certification from the /O/P Washington State Criminal Justice Training Commission. Sgt.Keller,Officers Harder,Johnson,Mays,Varner,and Serna,and Chaplains Zanger and Weller completed a course on Street Gang/Officer Survival. I /Chaplain Francis Zanger has also completed the basic certification for law enforcement chaplains. Park and Recreation Department: Christine Erlich,Museum Director,was introduced to Council. III.CONSENT AGENDA Acceptance of Work -Reroofing Police/Court Building:Kruger Sheet Metal has completed the reroofing //S ° ofthe Police/Court Building andthe Council should acceptthe work. Accept Easement -Desert Highlands:Aresolution was presented which accepts an easement for Desert /O/S Highlands. Action Taken:Mr.Biallas moved thatthe Consent Agenda be approved,seconded by Mr.Reese, and passed unanimously. $24,730.26 WATER/SEWER CONSTRUCTION 229,532.65 176.440.42 SANITATION FUND 60,176.76 8,351.17 CENTRAL SERVICES 6,996.93 7.00 EQUIP RENTAL-OPERATIONS 14,393.53 70,204.50 BUILD MAINT-OPERATIONS 11,138.01 16,611.10 TOTAL $618,582.33 GENERAL $10,377.00 EQUIPMENT RENTAL-OPERATION 3,318.70 WATER/SEWER FUND 32.59 BUILD MAINT-OPERATION 5.93 CENTRAL SERVICES 1,508.00 TOTAL $15,242.22 lOll tfio \\W \\<fl 4662 CITY COUNCIL MINUTES: 2 August 11,1992 IV.CONSIDERATION OF BIDS 1992 STREET RESURFACING PROJECT Staff recommended that the bid for the 1992 Street Resurfacing Project be awarded to Basin Paving Company. Action Taken:Mr.Pearce moved that the bid be awarded to Basin Paving Co.,seconded by Mr.Collier, and passed unanimously. V.PETITIONS.COMMUNICATIONS.OR PUBUC HEARINGS SKATEBOARDING A petition was presented which requested the city establish an areawhere skateboarding is allowed. Joseph K.Gavinski,City Manager,stated that the city is researching the question of a skateboarding facility. MelissaColeman, representing the skateboarders,stated that there is no place in Moses Laketo skateboard and they would like the city to provide an area. Holly Sparks, 233 Carswell,stated that she would also liketo see an area set aside for skateboarders. Mr.Gavinski pointed out that ifthe city does not charge forthe use of a skateboard facility,the city has no liability.People would skate at their own risk. Cecil Lee, Park and Recreation Director,showed some slides on a skateboard facility in the mid-West.He mentioned that the city owns a lot across from Frontier Jr. Highthat could be used as a skateboard facility. He stated that,depending on the amenities included, a skateboard facility would run from $10,000 to $80,000. Mr.Gavinski stated that a skateboard facility is a part of the Park and Recreation Master Plan. The matter will be discussed during budget study sessions and it was suggested that perhaps the proponents could also attend a Park and Recreation Commission to encourage their support of such a r-v facility.f) /NJ SAMMONS Sammons Communications is implementing a 5% raise to the basic cable.The raise will go into effect on September 1,1992 and the new rate will be $17.60. r^ VI.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND SOUTH CAMPUS CONTRACT ZONE -2ND READING/PUBLIC HEARING Daniel Thomas has requested an amendment to the South Campus Contract Zone to allow "schools" as a permitted use.The amendment would facilitate the use of the South Campus facility for the Moses Lake School District's Discovery School Program.The Planning Commission recommended that the proposed amendment be approved. The public hearing was opened.There were no comments. Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr. Biallas,and passed unanimously. The ordinance amending Ordinance 1069 by adding to the permitted uses in the South Campus Industrial Contract Zone 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.Collier,and passed unanimously.f) ORDINANCE -NUISANCES -2ND READING An ordinance was presented which enacts a new nuisance law for the city. The ordinance repealingChapter 8.12 of the Moses Lake Municipal Code entitled"Nuisances"and enacting Chapter 8.14 of the Moses Lake Municipal Code entitled "Nuisances"was read by titleonly. There was some discussion by Council and staffwas directed to remove the word "large"from Subsection T. Action Taken:Mr.Jackson moved that the second reading of the ordinance be adopted as amended and the summary for publicationbe approved,seconded by Mr.Biallas,and passed unanimously. o u 4663 CITY COUNCIL MINUTES:3 August 11,1992 ORDINANCE -PARK AND RECREATION IMPROVEMENT FUND -2ND READING An ordinance was presented which established a Parkand Recreation Improvement Fund. The ordinance creating Chapter 3.10 of the Moses Lake Municipal Code entitled "Park and Recreation Improvement Fund"was read by title only. ActionTaken:Mrs.Brown moved that the second reading of the ordinance be adopted,and the summary for publicationbe approved,seconded by Mr.Reese, and passed unanimously. ORDINANCE -ADJUST CORPORATE BOUNDARIES -2ND READING An ordinance was presented which adjusts the corporate boundaries of Moses Lake by including allof the developed portion of Paxson Drive and that portion of Valley Road adjacent to Cascade Park. The ordinance adjusting corporate boundaries of the municipality pursuantto RCW 35A.21.210 was read by title only. Action Taken:Mr.Collier moved that the second reading of the ordinance be adopted and the summary for publication be approved,seconded by Mr.Biallas,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS FUEL PROCUREMENT Staff requested authorization to call for bids for the purchase of fuel from a vendor through the use of credit cards.This contract will allow the city to remove the existing fuel tanks. There was some discussion by Council on whether or not it would be cheaper in the long run to construct an above ground fuel tank. Action Taken:Mr.Biallas moved that staff be authorized to call for bids,seconded by Mrs. Brown,and passed unanimously. III.REFERRALS FROM COMMISSIONS PENINSULA ESTATES PHASE III BINDING SITE PLAN ALTERATION Richard Boyden has requested an alterationto the Peninsula Estates Phase III Binding Site Planin order to adjustthe internal private street,Hummingbird Circle,by 2.5 feet. The areais zoned R-2,Single Family and Two FamilyResidential. The Planning Commission recommended that the alteration be approved. Action Taken:Mr.Jackson moved that the alteration be approved,seconded by Mr.Reese,and passed unanimously. WAPATO RIDGE PRELIMINARY PLAT Richard Boyden has submitted a major plat to be located inTract56 of Battery Orchards Tracts.The proposed development will be served with city water and sanitary sewer. The Planning Commission recommended that the preliminary platbe approved with the following variances: 1. A variance to allow irregular lot shapes for lots 15,16,17,20, 21, and 24. 2. Avarianceto allowa 50'interior street right-of-way withan additional 5*stripadjacent to each sidewalk designated as a utilityeasement ratherthan a right-of-way. 3. A variance of required street improvements on Wapato Drive to allow construction as follows: extensionof paving onWapato Drive to the entranceofthe subdivision atthe city reservoir by paving witha 28'wide asphalt section.The balanceof the improvements to Wapato Drive adjacentto the subdivision would be delayed until such time as eitheran LID is formed and/or the citydecides to U improve Wapato from Wanapum Drive to Lakeshore Drive.The improvements to include 28 feet of asphalt which will provide for two travel lanes anda parking lane,curb,gutter,and sidewalk on one side. The Planning Commission alsorecommended thata covenantbe required binding the property ownersto construct the required full width street improvements when required to do so bythe city orto participate in an LID for the required improvements and that the comments ofthe City Engineer be addressed and complied with. Mr.Jackson pointed outthat Lot24 inthe variance request should be changedto Lot 29. Action Taken:Mr.Reese movedthat Lot24 be changedto Lot29inthe variance requestandthe Wapato Ridge Preliminary Plat beapproved asrecommended bythePlanning Commission and theFindings ofFact be accepted, seconded by Mr.Jackson,and passed unanimously. /iqo> J0& /<?''' /Mb /Mb )t>QO lib y )01 I0O3 V c P ll'4-* 4664 CITY COUNCIL MINUTES: 4 August 11,1992 IX.OTHER ITEMS FOR COUNCIL CONSIDERATION IAC GRANT Authorization was requested forthe City Manager to execute the agreement with IAC for a grant forthe proposed aquatic center. Action Taken:Mr.Pearce moved that the City Managerbe authorized to execute the agreement,seconded by Mr.Biallas,and passed with Mr.Jackson opposed. PORT OF MOSES LAKE EXTRA TERRITORIAL UTILITY AGREEMENT Authorizationwas requested forthe City Managerto executethe ExtraTerritorial Utility Agreement withthe Port of Moses Lake for the extension of utilitiesto Port property occupied by Takata/Rocket Research. Action Taken:Mr.Biallasmoved that the City Manager be authorized to sign the agreement,seconded by Mr.Collier,and passed unanimously. X.COUNCIL QUESTIONS AND COMMENTS PARK AND RECREATION COMMISSION Dick Deane was reappointed to.a 5 year term on the Parkand Recreation Commission by the Council. .....<•••:•:.:.{*•<*<->*'-'-''"•••" XI. CITY MANAGER REPORTS AND COMMENTS >^, INVESTMENT REPORT The city received $69,109.49 in interest earned for the month of June 1992. SALES TAX/TRANSIENT RENTAL INCOME The city received $146,198.30 in July for May 1992 sales tax receipts. The city received $9,553.52 in July 1992 from transient rental income. The regular meeting was recessed at 8:30 p.m. and the Council met in an executive session to discuss litigationand real estate acquisition.The executive session was adjourned at 9 p.m. and the regular meeting was reconvened.The regular meeting was adjourned at 9 p.m. Finance Director n n n U ^J w BEFORETHE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE WAPATO RIDGE PRELIMINARY PLAT WAPATO RIDGE PRELIMINARY 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 May 28,1992. 1.2 Proponent. Richard Boyden is the proponent of this plat. 1.3 Purpose.The proponent has submitted a plat for property legally described as follows: Tract 56 of Battery Orchard Tracts, filed in the Book of Acreages,Page 31 under Auditor's File Number 19249,records of Grant County,Washington,lying in Section 33,Township 19 North, Range 28 East,W.M.,Grant County,Washington,more particularly described as follows: Commencing from a 2 inch brass cap surrounded by concrete in a monument case, accepted as the intersection of centerlines for roads known as Wapato and Interlake; Thence along the centerline of Wapato Drive,south 32°08'44"west,a distance of 1,340.21 feet; Thence,perpendicular to said centerline,south 57°51'16"east, a distance of 20.00 feet to the true point of beginning; Thence,along the northerly boundary line of said Tract 56,south 57°51'16"east, a distance of 660.00 feet; Thence,along the easterly boundary of said Tract 56,south 32°08'44"west,a distance of 660.00 feet; Thence,along the southerly boundary of said Tract 56, north 57°51'16"west,a distance of 660.00 feet to an intersection with the easterly right-of-way of Wapato Drive; Thence, along said right-of-way linenorth 32°08'44"east, a distance of660.00 feet to the /^v true point of beginning. Containing 10.00 acres more or less. Except forthat portion of Tract56 of Battery Orchard Tracts, described as follows: Commencing at the true point of beginning,thence along the following courses and distances; South 57°51'16"east,a distance of 100.00 feet; South 32°08'44"west,a distance of 100.00 feet; North 57°51*16"west,a distance of 100.00 feet; Thence north 32°08'44"east,a distance of 100.00 feet to the true point of beginning. Containing 0.23 acres more or less. 1.4 Evidence. The Commission considered the following materialsin reaching its decision: A.The submitted plat. B.Testimony from the proponent. C. Written comments from various parties. D.Comments from the neighbors. FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon theevidence presented tothem,theCommission makes the following findings offact: 2.1 The proponent is the owner of the property. 2.2 The property is currently zoned R-1,Single Family Residential. 2.3 Additional on-street parking needed. 2.4 The Planned Development District Zone allows for thistype of development. 2.5 Consistent with residential use of the land 2.6 Mitigating measures would address concerns of public health,safety,and welfare. 2.7 Opposition from the public. 2.8 Based upon the required mitigation measures,the developer withdrew the application for a zone change to allowdeviationsto the performancestandards of the R-1 Zone underthe Planned Unit Development and submitted a revised plat. 3.CONCLUSIONS BY THE PLANNING COMMISSION.f^, Fromthe 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 authorityto 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 properat thistime 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 May28,1992 withthe condition that mitigationbe provided for lot size,on-street parking, sidewalks, street width, and ingress and egress.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 plat be approved along with the following variances: 1. A variance to allow irregularlot shapes for lots 15, 16, 17, 20, 21, and 24. 2. A variance to allow a 50' interior street right-of-way with an additional 5' strip adjacent to each sidewalk designated as a utility easement rather than a right-of-way. 3. A variance of required street improvements on Wapato Drive to allow construction as follows: extension of paving on Wapato Driveto the entrance of the subdivision at the city reservoir by paving with a 28'wide asphalt section.The balance of the improvements to Wapato Driveadjacent to the subdivision would be delayed until such time as either an LID is formed and/or the city decides to improve Wapato from Wanapum Drive to Lakeshore Drive.The improvements to include 28 feet of asphalt which will provide for two travel lanes and a parking lane, curb, gutter,and sidewalk on one side. 5.FURTHER HEARING BEFORE THE CITY COUNCIL 5.1 Date. A public meeting was held upon proper notice before the Council on August 13,1992. 5.2 Proponent.Richard Boyden 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 Resiential. 6.3 The development is consistent with residential use of the land. n n KJ 7.FURTHER CONCLUSIONS BY THE CITY COUNCIL Fromthe foregoing findings of fact the Council makes the following conclusions: 7.1 The CityCouncil ofthe Cityof Moses Lakeisvested withthe authority to make a decisionon a preliminary plat. 7.2 The preliminary platis properlybefore the Council for its decision. 7.3 It is proper atthis time for the City Council to make a decision on this preliminary plat. 8.DECISION. The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission and approves the preliminaryplat. Dated:August 13,1992 <^ft^ R.Wayne Rimple,Mj <j \J