Loading...
1988 10 114256 CITY COUNCIL CITY OF MOSES LAKE October 11,1988 Members Present:Wayne Rimple,Roger Biallas,Norm Johnson,Bill Reese, Charles Edwards,David Chandler,and Bill Frederickson Minutes:Mr.Edwards moved that the minutes of the meeting of September 27 be approved as submitted,seconded by Mr.Johnson,and passed unanimously. Approval of Bills and Warrants Issued:Mr.Reese moved that the bills and warrants issued be approved,seconded by Mr.Edwards and passed with Mr.Rim ple abstaining from voting for that portion of the bills to Moses Lake Steel Supply and Faber Industrial Supply,and Mr.Biallas abstaining from voting for that portion of the bills to A & H Printers,Inc. 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. The vouchers included on the above list and noted upon said list for the Coun cil meeting of October 11,1988 for the funds listed below are approved in the amount of $120,571.52 for all funds. GENERAL FUND $16,983.88 STREET 1,903.39 CONVENTION CENTER 504.50 PARK IMPROVEMENT 9,200.92 WATER/SEWER FUND 6,280.65 WATER/SEWER CONSTRUCTION 9,861.29 SANITATION FUND 30,989.93 ACCIDENT INSURANCE 23,174.22 CENTRAL SERVICES 8,858.88 BUILDING MAINTENANCE 2,371.55 EQUIPMENT RENTAL 10,442.31 TOTAL $120,571.52 The payroll issued on September 30,1988,having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by warrants 34553 through 34708 in the amount of $145,517.91. The payroll issued on September 30,1988,having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by warrants 34709 through 34730 in the amount of $6,870.98. The claims warrants 29617 through 29716 issued on September 28,1988 were ap proved for payment at the Council meeting held on October 11,1988 in the to tal amount of $230,071.22. Tourism:Alan McFadin from Berry's Department Store,presented the Council-/^ members with a T-Shirt with the new City of Moses Lake logo on it.Mayor Rim ple thanked Mr.McFadin on behalf of himself and the Council. I.CITIZEN INPUT -None II.CONSENT AGENDA -None III.CONSIDERATION OF BIDS -None IV.PETITIONS,COMMUNICATIONS OR PUBLIC HEARINGS SHORELINE MANAGEMENT MASTER PLAN - BIENNIAL REVIEW - PUBLIC HEARING A letter from the Municipal Services Director was read which stated that the City Council set October 11 as the public hearing date to consider any com ments on the city's Shoreline Master Plan.The city first adopted its Shore line Master Plan in 1974.The plan states that it will be reviewed once every two years,which has been done.The Planning Commission at their August 25, 1988 meeting reviewed the plan and recommended to the Council no changes in the plan.At the October 11 Council meeting,Councilman Frederickson asked if -1 - //yj 4257 CITY COUNCIL MINUTES:2 October 11,1 the plan could include language somehow regulating tree cutting along the shoreline because of the recent tree cutting in Neppel Park.The plan cur rently does not regulate tree or vegetation cutting.The plan could be amen ded to accomplish whatever the city's goal is defined to be regarding trees and/or vegetation along or within 200'of the shoreline.This is a scheduled public hearing.After the city completes the biennial review,the Department of Ecology is notified of the review. Mayor Rimple opened the public hearing.There were no comments from the au dience and no written comments were received. Mr.Frederickson stated that regarding trees,he didn't have a particular problem;if it is not dealt with at this time,if staff and Council would agree that over the next two years Council look at some sort of vegetation plan on the shoreline.In his opinion there are a lot of sensitive areas,and he felt no one should come in and chop trees down,even on privately owned land.Trees have esthetic value and there ought to be some sort of process in evaluating vegetation removal. Action Taken:Mr.Biallas moved that the public hearing be closed,seconded by Mr.Edwards,and passed unanimously. Action Taken:Mr.Johnson moved that City Council adopt the Planning Commis- sion's recommendation on the Shoreline Management Master Plan,seconded by Mr. Chandler,and passed unanimously. Mr.Rimple stated that considering Mr.Frederickson's request that he thought the Parks and Recreation Commission and staff could review the Shoreline Man agement Master Plan looking toward vegetation removal provisions which would address the trees along the shoreline.A recommendation then could be made to the City Council for inclusion in the plan. V.ORDINANCES AND RESOLUTIONS >ORDINANCE -ORDERING LID 56 -2ND READING lf The second reading of an ordinance was presented which establishes LID 56 en compassing street improvements on 7th Avenue from Balsam to Chestnut. The ordinance ordering the improvement of Seventh Avenue by grading,gravel ing,constructing,and installing curbs,sidewalks,sewer side laterals,water services,asphalt concrete pavement,and storm drainage in accordance with Resolution 1403 of the City Council of the City of Moses Lake,Washington es tablishing Local Improvement District No.56;providing the method of assess ment in said district;assessments upon property in said district payable by mode of "payment by bonds";and providing for the issuance for sale of local improvement district warrants redeemable in cash and local improvement dis-QJ trict bonds was read by title only.£_ Dave Penfield,owner of the trailer court,stated that he would like to see 7~ the LID for purposes of relieving the dust problem and the generally poor Uj condition of the road.He stated that he did have some concerns:1)every-"VI thing so far was an estimate;2)he is concerned about traffic going from a paved section to an unpaved section plus;he would like to see the rest of 7th Street paved;and 3)he wanted a letter of agreement which stated that the extended section of Balsam which is still unpaved would be paved. Mr.Rimple stated that until an actual bid is received the Council has to go by the Engineer's estimate;a letter of agreement to pave the rest of 7th would not be binding on future Councils;and the people on the other section of the unpaved streets were contacted and they did not wish to be included in the LID. Mr.Gavinski stated that if the Council chose to pave that portion of 7th and include it in the LID the process would have to start over again,which means adopting a new resolution,preliminary assessment roll,and a new ordinance. The Council has the discretion to reject bids but then the Council is put in a position of going back to the ordinance that ordered the LID,and there may be other property owners involved that want the LID,so going backwards maybe isn't as easy as it might seem.If the bids are rejected and one of the other - 2 - 4258 CITY CQUNCI1 MINUTES:3 October 11,1988 property owners chooses to say that the LID has been formed and has been or dered he may request that the city call for bids again.The city would be in a position of having to do that unless you repeal the ordinance. Mr.Frederickson asked when the contract would be bid.Phil Bloom,Acting Municipal Services Director,answered that it will probably go out to bid with the other street projects to take advantage of the larger project in order to keep the prices down.The projects will be bid in the spring for construction in mid-summer. Mr.William Fix,owner of the Moses Lake Terrace Short Plat,stated that he definitely was for the LID.He wanted to clarify that he did not originate the LID,that the Council had made it as a condition of the zoning for the project that in the future we would accept an LID.He said the LID would con trol the dust problem,improve the street,and also increase the value of the property. Action Taken:Mr.Edwards moved that the second reading of the ordinance be adopted and the summary for publication be approved,seconded by Mr.Biallas, and passed unanimously. ORDINANCE -ORDERING ULID 3 - 2ND READING The second reading of an ordinance was presented which establishes ULID 3 en-/Jy* compassing improvements on Laguna Drive and Lakeside Drive. The ordinance ordering the improvement of Laguna Drive by constructing and installing a sanitary sewer system and appurtenances which connects to exist ing sanitary sewer at Laguna Drive and Sage Road,a lift station and appur tenances,force main,and sewer side laterals;and to improve Lakeside Drive at Lots 12 and 13,Kolar Key Addition by constructing and installing a sani tary sewer system and appurtenances which connects to existing sanitary sewer in Lakeside Drive adjacent to Lots 12 and 13,Kolar Key Addition in accordance with Resolution 1404 of the City of Moses Lake,Washington;establishing Utility Local Improvement District No.3;providing the method of assessment for improvements made in said district;and providing for payment of such as sessments into a bond fund to pay and secure the payment of water and sewer bonds issued for the costs of the improvements was read by title only. 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. ORDINANCE -CONFIRMING LID 55 ASSESSMENT ROLL - 2ND READING An ordinance was presented which approves and confirms the assessment roll for LID 55.This LID involved improvements to Clover Drive from Evergreen to Nel son Road. The ordinance approving and confirming the assessments and assessment roll of Local Improvement District No.55 which has been created and established for the purpose of paying a part of the cost of improving Clover Drive from Evergreen to Nelson Road by grading,graveling,constructing curb with gut ters,concrete sidewalks on one side,water services,asphalt concrete pave ment,sewer lateral,fire hydrants,signs,and storm drainage in the City of Moses Lake as provided by Ordinance No.1265,and levying and assessing the amount thereof against the several lots,tracts,parcels of land and other property shown on said roll was read by title only. Action Taken:Mr.Edwards moved that the second reading of the ordinance be adopted and the summary for publication be approved,seconded by Mr. Frederickson,and passed unanimously. ORDINANCE -COBAIN SIDEWALK IMPROVEMENTS - 2ND READING A letter was read from Mr.Gavinski regarding the second reading of the or dinance which established the terms of repayment to the city for sidewalk im provements at 1103 and 1107 Baker Street. The ordinance providing for the assessment of property for sidewalk improve ments and establishing the terms of payment was read by title only. - 3 - /J?5J" /Ws^/t 1^* 4259 CITY COUNCIL MINUSES:4 October 11,1988 Action Taken:Mr.Edwards moved that the second reading of the ordinance be adopted and the summary for publication be approved,along with the payment schedule,seconded by Mr.Frederickson,and passed unanimously. ORDINANCE - ULID 4 PRELIMINARY ASSESSMENT ROLL - 1ST READING A letter from Mr.Gavinski was read which stated that the proposed ordinance orders the improvement of the Basin Homes area with the installation of a sanitary sewer system and appurtenances by way of a Local Improvement Dis trict.The Council held the required public hearing on this ULID at the last regular meeting. An ordinance ordering the improvement of Larson Plat,Larson Plat No.2, Replat of Block 2,Larson Plat No.2,SW 1/4 SW 1/4 S 10,T 28 E.WM,Battery Orchards Tract 42,commonly known as Basin Homes by constructing and install ing a sanitary sewer system,sewer side laterals and appurtenances which con nects to existing sanitary sewer system and sewer side laterals in accordance with Resolution 1406 of the City of Moses Lake,Washington;establishing Utility Local Improvement District No.4;providing the method of assessment for improvements made in said district;and providing for payment of such as sessments into a bond fund to pay and secure the payment of water and sewer bonds issued for the costs of the improvements was read by title only. Mr.Gavinski stated that for the Council's information a tally was made of those property owners who have provided an indication that they are not in favor and that calculation comes to 40.3%. Ruben Ramirez had requested to speak on this however he stated that his ques tion had been answered.He wanted to know what percentage of property owners were against the project. Mr.Frederickson questioned the figure for the cost of the collection system in Section 2,paragraph 2,and Mr.Rimple stated that that should be $319,930. Mr.Johnson moved that the first reading of the ordinance be adopted with the corrected figure,seconded by Mr.Edwards. Doug Bagdon requested to speak. Mr.Rimple explained that a motion had been made and seconded and the vote was called for,it would be improper for him to speak at this time,unless the motion was withdrawn. Mr.Johnson withdrew his motion,and Mr.Edwards withdrew his second,to allow Mr.Bagdon to speak. Doug Bagdon,1008 Bruce,asked if the city had looked into more money that the city could spend of this project. Mr.Rimple replied that the city did not have any more money for this project. Mr.Bagdon also asked if several owners who owned more than one lot,if that would count as more than one vote. Mr.Gavinski replied that the vote is calculated by the percentage of the assessment. Mr.Bagdon also asked if the people who were right on the edge of the amount — to qualify for the grant could be required to pay a portion of the grant.He said that it seems like a all or nothing type thing.He thought it would be reasonable for them to pay a lesser amount. Mr.Gavinski replied that there is no sliding scale,the federal government establishes the requirements,and they either qualify or do not qualify.The city does not have any discretion regarding eligibility. Mr.Bagdon also had question about the drinking water in the area.He asked if there was discussion of the city perhaps purchasing the water system from Mr.Throop. Mr.Gavinski replied that the city has been approached by Mr.Throop.The city has examined the system,looked at his asking price,and the Municipal - 4 - 4260 CITY COUNCIL MINUTES:5 October 11,1988 Services Director's recommendation has not been presented or considered by the Council.He is not prepared to bring that to the Council at this time.At this point there is a wide disparity between the asking price and what has been recommended as a reasonable price to pay for the system.There has been no thought to ask anything further from the residents in that area for any monies to purchase or upgrade the system.The purchase of the system would be borne entirely by the city's enterprise water/sewer fund. Bruce Curtis,1540 Daniel,stated he was upset with some of the members of the city council,because he thought that they hadn't thought over the situation. There are some people who are on the borderline situation as far as being low income and they can not afford it.Now it looks like the first reading is going to pass,the second reading is going to pass,and we will have 30 days to try to get 60%of the people to oppose the LID.It seems like a hopeless situation for residents out there.They want to get the sewer system out there,but the cost keeps going up.It is going to cost more than $50 a month;you are looking at more like $100 per month. Mr.Rimple replied that he had looked into it and there is nothing more that the Council can do.The city is already putting in over $800,000 into the project. Mr.Curtis stated that each time the grant came up it was changed.Originally it was for streets and sidewalks,and not sewer.He did not believe the streets and sidewalks would come in the next ten years for the Basin Homes area. Mr.Gavinski explained that the street projects are budgeted,and the Basin Homes area streets are scheduled for 1990.He started that he took the mi nutes out of legislative history file of the meeting when the resolution was first presented to the Council in April of 1987. Action Taken:Mr.Biallas moved that the first reading of the ordinance be approved with the corrected figure,seconded by Mr.Edwards and passed unanimously. Mr.Rimple informed the audience that the second reading of the ordinance would be held on October 25,1988. ORDINANCE -CHOPAKA ZONE CHANGE -1ST READING The letter was read regarding the first reading of an Ordinance on the Chopaka Zone Change.The request is for a zone change of approximately 21,000 square feet of land at the end of Juniper Drive extended.The zone change is for land that is zoned R-3,Multi-Family Residential,to C-2,General Commercial and Business. Engineer Fred Skinner representing Fred Hardenburgh,President of Chopaka Limited Partnership,stated that they would like to request that the zone change request be sent back to the Planning Commission.The owners would like to work with the neighbors and see if mitigating measures can satisfy them. Some of the things under consideration include deeding a strip of property between the property owners and the land to the neighboring properties,dedi cating an alley in the back,or extending Juniper Drive.The owner would like to work with the Planning Commission on this. Action Taken:Mr.Edwards moved that this request for zone change be referred back to the Planning Commission for further review and study,seconded by Mr. Johnson and passed unanimously. RESOLUTION -ABANDONMENT OF EASEMENT -BOYDEN Rich Boyden has requested the abandonment of a 10'public easement along the northwest and northeast lot lines of the Free Methodist Plat.The Peninsula Estates Phase III Binding Site Plan will overlay this plat.Mr.Boyden is requesting the abandonment to allow the placement of mobile homes and the con struction of private street and utility improvements in the areas presently occupied by the easements.The city has no need for the easements and no ad verse comments were received from the utility companies.The Planning Commis sion recommended that the easements be abandoned. The resolution authorizing abandonment of the easement was read by title only. - 5 - Wo ZO/3 4261 CITY COUNCIL MINUTES:6 October 11,1988 Action Taken:Mr.Edwards moved that the resolution be approved,seconded by Mr.Johnson and passed unanimously. RESOLUTION -INSURANCE POOL |0?'A resolution was presented which allows the city to participate in the As- 'sociation of Washington Cities Risk Management Service Agency which is a pooled self-insurance program which offers risk management services to the cities in the State of Washington.The preliminary assessment for 1989,1990, and 1991 is $164,567 which compares with the 1988 insurance premiums of $180,779,for a difference of 9%between the preliminary assessment and the actual 1988 insurance premium payments. Mr.Gavinski explained that the resolution must be adopted and notification given to AWC of its passage by October 15th.The actual assessment will be provided and the city can withdraw from participation by November 1.The mat ter will be presented to the City Council at their second meeting in October, on October 25th.A final decision must be made at that meeting.Mr.Jim Rogers from Rogers and Norman,Inc.,will address the Council at that meeting. The resolution regarding membership in the Association of Washington Cities Risk Management Service Agency was read by title only. Action Taken:Mr.Reese moved that the resolution be adopted and AWC be notified,seconded by Mr.Edwards and passed unanimously. ^ 61 >0** RESOLUTION -ACCEPTING SIDEWALK -FERGESON SHORT PLAT A letter was read which stated that Ferco Inc.has completed construction of approximately 224 feet of sidewalk on the east side of Juniper Drive between Hill and Alderwood.The construction has been satisfactorily completed and is ready to be accepted by the City Council.The owner has posted a $1500 cash performance bond.Upon acceptance of the improvement by the Council the owner will convert this bond to a $500 cash maintenance bond,for the one year main tenance period.The improvement is ready to be accepted by the City Council and enter into the one year maintenance period. Action Taken:Mr.Biallas moved that the resolution be adopted,seconded by Mr.Reese and passed unanimously. VI.REQUESTS TO CALL FOR BIDS - None VII. REFERRALS FROM COMMISSIONS - None VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION NORTH CENTRAL REGIONAL LIBRARY BUILDING USE &MAINTENANCE AGREEMENT A letter from James A.Whitaker,City Attorney,was read which stated that the agreement has been amended and now addresses the concerns that he had.The city attorney requested Council give permission for the city manager to sign the agreement on behalf of the city. Action Taken:Mr.Johnson moved that permission be given to the city manager to sign the North Central Regional Library Building Use &Maintenance Agree ment,seconded by Mr.Chandler,and passed unanimously. APPEAL -GRANTING CONDITIONAL USE PERMIT A letter from the City Manager stating that an appeal had been received with regard to the Planning Commission's decision to grant a conditional use permit to Charles and Laverne Freeman to operate a day care center for 20 or more children outside the family abode at 916 Hill street,from Councilman Biallas. Mr.Biallas'letter stated that he wished the Council to consider this as an appeal of the Planning Commission decision. Mr.Biallas stated that it is his feeling,according to the ordinance in the Municipal Code,the Planning Commission's recommendation that a conditional use permit be granted is contrary to the ordinance itself.If the translation is going to be so liberal as to allow this type of conditional use in the face of the specific requirements under the ordinance there isn't much point in having this type of ordinance at all.If this daycare center can be allowed - 6 - 4262 CITY COUNCIL MINUTES:7 October 11,1988 this Council or future Councils are going to have this as a precedent in other conditional use requests.The Planning Commission stated that it is a similar use.But the ordinance specifies that a specific number of children in a day care are allowed.It also states specifically that it must be in the family abode.That is not the case in this application.He can't find any where in reading the ordinances or in the conditional uses or permitted uses or in any other situation where this application can be justified.If it is done by contract zoning then at least it could be legally done.He realizes that the residents have no objection to the day care.They are opposed to a zoning change though and so is he.The violation of the written ordinance is his objection.Mr.Biallas stated that the ordinance would have to be changed and he was not in favor of changing the ordinance. Mr.Frederickson asked if the city attorney or city manager concurred with Mr. Biallas'as to the interpretation of the ordinance is written.Mr.Gavinski stated that he agreed with Mr.Biallas point of view.Mr.Frederickson asked about a variance.The city attorney stated that variances are for a hardship that you didn't create.The ordinance could be amended by putting in some kind of language. Mr.Chandler asked about "contract"zoning.Mr.Whitaker explained the dif ficulty with contract zoning. Mr.Chandler stated that he was not ready to change the ordinance. Mr.Rimple stated that even if they changed the zone to R-3 it still would not be allowed.It is a defined use,so it can not be fitted under similar use when it is specifically defined.The ordinance has to be changed with another definition. Mr.Gavinski stated that the legislative history file indicates that it was looked upon as a service use in a C-l or C-2 zone,although it is not specifi cally recited. Discussion was held and it was the consensus of the Council that they objected to making the area a commercial zone. Action Taken:Mr.Biallas moved that the decision made by the Planning Com mission to allow a day care center be reversed,and the reason for the rever sal is that the ordinance does not allow such a usage,seconded by Mr.Chan dler,and passed 4-3,with Mr.Johnson,Mr.Frederickson,and Mr.Reese opposed. Mr.Rimple requested that the possibility of redefining "day care center"be requested for review by the Planning Commission and also that it look at the "family abode"requirement. PERMIT AUTHORIZATION -RAILROAD COMPANY Two permits from the railroad company are necessary for the Parker Horn Pres-//^O sure Main to be constructed as part of the Basin Homes sewer construction. The other is for the maintenance of the Longview School water extension,which was requested by the school district and constructed several years ago.Each permit,will require the execution of an agreement and payment of a $450.00 permit fee.The Moses Lake School District has agreed to pay the fee for the Longview Water Extension permit,while the city will be paying the fee for the Parker Horn crossing.Authorization is requested for the city manager to ex ecute the agreements. Action Taken:Mr.Biallas moved that the city manager be authorized to ex ecute the agreements to the railroad company,seconded by Mr.Chandler and passed unanimously. REQUEST FOR DIRECTION -911 TELEPHONE TAX A letter was read from the city manager regarding the expenditure of any ///£? revenues which might be realized as a result of the passage of the 911 tele phone tax.Since the council wishes to be more specific on how that money is spent,Mr.Gavinski wanted to get direction from the council. Mr.Rimple stated that he is in favor and he felt the citizens of Moses Lake would vote for the tax if it was specifically marked for emergency services. - 7 - itf 0) 510° pi n CITY COUNCIL MINUTES:8 4263 October 11,1988 Mr.Biallas said he would like to see the City Council apply the money for a new fire station.He felt that if the money would be applied for a fire sta tion,that there would be support for the tax. Mr.Chandler stated that the Council should go out wholeheartedly in support of building a new fire station. Action Taken:Mr.Chandler moved that the proceeds that are freed from the 9ll telephone tax be used to help fund a fire station,seconded by Mr.Bial las,and passed with Mr.Frederickson opposed. AMBULANCE CONTRACT A copy of a contract currently in effect between the City of Moses Lake and Grant County Public Hospital District #l was presented to the City Council. Mr.Gavinski stated that he is requesting an increase from $22.00 to $44.00. Mr.Gavinski stated that 83%of the calls received at the fire station were ambulance calls.He stated that the city could be considered to be subsidiz ing the cost for the operation of the ambulances for the Hospital District. The city is not receiving sufficient funds to cover the cost for administra tion,management,and overhead. After discussion by the Council it was the consensus that the city was sub sidizing the ambulances.Before making a decision on how much of an increase would be requested,staff was directed to bring more information to the City Council. IX.COUNCIL QUESTIONS AND COMMENTS Tourism:Mr.Biallas addressed the council regarding the money that was made available to the Tourism Committee of the Chamber of Commerce. He said the Tourism Committee wants to sponsor a photo contest and was suggesting $500 in prize money.He wanted to know whether or not it is appropriate to use tourism funds for this purpose.The photos received would be purchased and used for advertising. Mr.Whitaker stated that the money can not be used in that manner since it is public money. X.CITY MANAGER REPORTS AND COMMENTS Confirm Budget Study Sessions:Budget study session will begin on Monday, October 17 at 7:00 p.m.,and continue each night thereafter until the budget is completed. Investment Report:Mr.Gavinski distributed the investment report for the period beginning 9/1/88 and ending 9/30/88. Motel Tax Report:Mr.Gavinski distributed a report on the motel tax. Traffic Congestion/North Stratford Road:A report from the city engineer regarding traffic congestion on North Stratford Road was prepared because of a letter received from Mr.Rosborough of the Golden Corral which stated that due to the placement of the south access to Super 1 the left turn lane becomes congested with cars attempting to negotiate left turns into the Golden Corral and Super 1.The issue will be discussed at the next City Council meeting. The regular meeting was recessed at 11:05 p.m.and the Council met in an ex ecutive session to discuss labor relations.The executive session was adjour ned at 11:35 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 11:35 p.m.r BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF CHARLES AND LAVERNE FREEMAN -CONDITIONAL USE PERMIT FINDINGS OF FACT,CONCLUSIONS, AND DECISION This matter,having come on before the Moses Lake City Council for action on October 11,1988 now makes the following: FINDINGS OF FACT 1.The Findings of Fact,Conclusions,and Decision of the Planning Commis sion concerning this conditional use permit are incorporated by refernece herein. 2.Councilan Roger Biallas appealed the decision of the Planning Commission to grant a conditional use permit to Charles and Laverne Freeman to oper ate a day care center for 20 or more children outside the family abode at 916 Hill street. 3.Mr.Biallas felt that the Planning Commission's recommendation that a conditional use permit be granted is contrary to the ordinance itself. If the interpretation is going to be so liberal as to allow this type of conditional use in the face of the specific requirements under the or dinance there isn't much point in having this type of ordinance at all. If this day care center can be allowed,it will set a precedent in other conditional use requests.The Planning Commission stated that it is a similar use,but the ordinance specifies that a specific number of chil dren in a day care are allowed and that it must be in the family abode. That is not the case in this application.He realized that the residents have no objection to the day care.They are opposed to a zoning change though and so is he.The violation of the ordinance is his objection. Mr.Biallas stated that the ordinance would have to be changed and he was not in favor of changing the ordinance. 4.Mr.Frederickson asked for the comments of the city attorney or city man ager as to the interpretation of the ordinance as written. 5.Mr.Gavinski stated that he agreed with Mr.Biallas'point of view. 6.The city attorney stated that variances are for a hardship that is not created by the proponent. 7.Contract zoning waas discussed. 8.Mr.Rimple noted that even if they changed the zone to R-3 it still would not be allowed.It is a defined use,so it can not be fitted under simi lar use when it is specifically defined.The ordinance has to be changed with another definition. 9.Mr.Gavinski stated that the legislative history file indicates that it was looked upon as a service use in a C-1 or C-2 zone,although it is not specifically recited. 10.Discussion was held and it was the consensus of the Council that they objected to making the area a commercial zone. CONCLUSIONS 1.The City Council of the City of Moses Lake is vested with the authority and has the authority to entertain an appeal of a decision of the Plan ning commission concerning a conditional use permit. 2.The City of Moses Lake is cognizant of the need to serve the welfare and best interests of the entire community.The City Council of the City of Moses Lake believes that denying the conditional use permit for the com mercial day care center in this area is required by the language of the zoning ordinance of the city. DECISION 1.The City Council reverses the decision of the Planning Commission to grant a conditional use permit to Charles and LaVerne Freeman for a com mercial day care center in an R-2 Zone at 915 E.Hill. Dated:October 24,1988 CITY OF MOSES R.Wayne RirmXIfc,Mayor 3> c GO CD ^1