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1989 01 24Lf u 4286 CITY COUNCIL CITY OF MOSES LAKE January 24,1989 Members Present:Wayne Rimple,David Chandler,Roger Biallas,Norman Johnson, and Charles Edwards Absent:Bill Frederickson and Bill Reese MINUTES:Mr.Chandler moved that the minutes of the meeting of January 10 be approved as submitted,seconded by Mr.Johnson,and passed unanimously. APPROVAL OF BILLS AND WARRANTS ISSUED Action Taken:Mr.Johnson moved that the bills and warrants issued be ap proved,seconded by Mr.Biallas,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply and Faber In dustrial and Mr.Biallas abstaining from voting for that portion of the bills to A &H Printers. Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and those expense reimbursement claims certified as required by RCW 42.24.090,have been recorded on a listing which has been made available to the City Council. The vouchers included on the below list as modified by the Council and noted upon said list for the Council meeting of January 10,1989 for the funds list ed below are approved in the amount of $114,243.31 for all funds. GENERAL FUND $25,821.06 STREET 7,287.28 ARTERIAL STREET 90.59 EQUIPMENT LEASES 408.21 CONVENTION CENTER 5,077.99 WATER/SEWER FUND 13,999.69 1985 BOND REDM 275.38 WATER/SEWER CONSTRUCTION 2,436.38 EAA LOANS 23,774.18 W/S LEASES 770.57 SANITATION FUND 11,787.91 ACCIDENT INSURANCE 991.40 CENTRAL SERVICES 10,782.26 EQUIPMENT RENTAL 10,740.41 TOTAL $114,243.31 The payroll issued on January 20,1989,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 60579 through 60721 in the amount of $151,286.82. The warrants 30330 through 30431 issued on December 28,1988 were approved for payment at the Council meeting held on January 24,1989 in the total amount of $441,496.14. I.CITIZEN INPUT - None II.CONSENT AGENDA Fire Union Contract:An amendment to the Fire Union Contract was presented /&/d which amended the articles on health and welfare and salaries. Resolution -Accept Utilities -Penn Plaza III:A resolution was presented j/jcp which accepts the water,sewer,and sidewalk improvements constructed as part of the Penn Plaza III Plat. Resolution -Accept Donation -Police Benefit Association:A resolution was /DV& presented which accepts an $800 donation from the the Moses Lake Police De partment Benefit Association to the Crime Prevention Fund. Resolution -"Together!Communities for Drug Free Youth":A resolution was //?9 presented which endorses the city's participation in "Together!Communities for Drug Free Youth",a project sponsored by the University of Washington and Washington State University. Ill/ 4287 CITY COUNCIL MINUTES:2 January 24,1989 Action Taken:Mr.Johnson moved that the Consent Agenda be approved,seconded by Mr.Chandler,and passed unanimously. III.CONSIDERATION OF BIDS 1988 WATER/SEWER CONSTRUCTION PROJECT Staff recommended that the bid for the 1988 Water/Sewer Construction Project be awarded to Marchand Construction. Action Taken:Mr.Johnson moved that the bid be awarded to Marchand Construc tion,seconded by Mr.Edwards,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS JAPAN AIR LINES -DONATION Yoshiyuki Inoue,Assistant Director,Nobuo Takahashi,Manager,and Teruyoshi Asakawa,Senior Director,Japan Air Lines,presented a check for $2,000 to the city. ^\V v MCCOSH PARK JAPANESE GARDEN I The Japanese Garden Development Committee has requested time to present the development plans of a proposed Japanese Garden within the confines of McCosh Park. Clyde Owen stated that an area in McCosh Park adjacent to the lake and behind the swimming pool at the end of Sixth Street was determined to be the best location for the Japanese Garden.Over $30,000 has been donated or pledged for this garden.The Park and Recreation Commission has endorsed this proj ect.Students from WSU are working on designs to be presented to the Commit tee.The Committee is requesting the concurrence of the Council as to the concept behind the project and allowing consideration of the McCosh Park site for the garden. Action Taken:Mr.Johnson moved that the Japanese Garden Committee be allowed to consider a portion of McCosh Park for placement of the garden,seconded by Mr.Chandler,and passed unanimously. DOWNTOWN PARKING The Moses Lake Business Association commended the city for its support and commitment of the downtown area which is shown by the improvements currently ^> underway in the area.There is a need for off street parking in the downtown QJ area and it is recommended that the city purchase the lot currently for sale r at the corner of Third and Ash.,* There was some discussion by the Council and it was determined that the issue CD should be discussed in an executive session.^J V.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND SIDEWALK ORDINANCE -2ND READING An ordinance was presented which amends the Sidewalk Construction ordinance of the city to include RCW Chapters 35.68,35.69,and 35.70. The ordinance amending Chapter 12.12 of the Moses Lake Municipal Code entitled "Sidewalk Construction"was read by title only. Action Taken:Mr.Chandler moved that the second reading of the ordinance be adopted,and the summary for publication be approved,seconded by Mr.Edwards, and passed unanimously. q^ORDINANCE -BOARD OF LIBRARY TRUSTEES -1ST READING An ordinance was presented which updates language concerning the Board of Library Trustees. 4288 CITY COUNCIL MINUTES:3 January 24,1989 The ordinance amending Chapter 2.36 of the Moses Lake Municipal Code entitled "Board of Library Trustees"was read by title only. Action Taken:Mr.Johnson moved that the first reading of the ordinance be adopted,seconded by Mr.Edwards,and passed unanimously. ORDINANCES -PARK AND RECREATION COMMISSION/PLANNING COMMISSION -1ST READING Two ordinances were presented which allow for a vice-chairman to be appointed for the Park and Recreation Commission and the Planning Commission. The ordinance amending Chapter 2.44 of the Moses Lake Municipal Code entitled "Park and Recreation Commission"was read by title only. Action Taken:Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Chandler,and passed unanimously. The ordinance amending Chapter 2.48 of the Moses Lake Municipal Code entitled "Planning Commission"was read by title only. Action Taken:Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Chandler,and passed unanimously. ORDINANCE -UTILITY OCCUPATIONAL TAX - 1ST READING An ordinance was presented which amends the Utility Occupational Tax ordinance to reflect the funding of the street overlay,repair,and reconstruction fund. This amendment brings the ordinance into conformance with state law. The ordinance amending Chapter 3.30 of the Moses Lake Municipal Code entitled "Utility Occupational Tax"was read by title only. Action Taken:Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Biallas,and passed unanimously. ORDINANCE -WATER/SEWER CONNECTIONS - 1ST READING J07-J An ordinance was presented which amends Chapter 13.08.060 to reflect the fact that Division Road,in the county,was changed to Kinder Road. The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. Action Taken:Mr.Johnson moved that the first reading of the ordinance be adopted,seconded by Mr.Chandler,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS -None VII.REFERRALS FROM COMMISSIONS ion //YO UPDEGRAVE'S LAKESIDE TRACTS -VARIANCES Arlie Updegrave has submitted a preliminary major plat for a 7.9 acre,17 lot subdivision located on Peninsula Drive,which is a replat of Battery Orchards Tract 33.He has requested a variance to be allowed to post a performance bond or alternative security for the required street improvements on Peninsula Drive,without any time restrictions.He is also requesting a variance so that he is responsible for only half width street improvements to Peninsula Drive rather than full width street improvements as required.The Planning Commission recommended to the Council that the variance for an unlimited time on the performance bond be denied.The Commission also recommended that the variance allowing Mr.Updegrave to only be responsible for half width street improvements on Peninsula Drive be granted.To bring Peninsula up to city standards would require the overlay of the street and construction of curbs, gutters,and sidewalks.The Commission felt that since Peninsula is already paved,the developer should only be responsible for his half of the rest of the improvements. //'<£Of ^ Q& 4289 CITY COUNCIL MINUTES:4 January 24,1989 Action Taken:Mr.Biallas moved that the Findings of Fact be accepted,the variance for half width street improvements be granted,and the variance on the time limit of a performance bond or alternative security be denied,secon ded by Mr.Johnson,and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION TOURISM COUNCIL The 1989 budget for the Tourism Council was presented to the Council.Also, it was recommended by the City Manager that the Tourism Council be made a city commission,responsible for giving advice to the Council on tourism matters. After some discussion it was the consensus of the Council that a study session be held on February 7,1989 at 7:30 p.m.to discuss the possibility of creat ing a Tourism Commission responsible to the City Council. GARBAGE COLLECTION/RECYCLING A report on the garbage contract was made which presented two alternatives. Alternative one is similar to the existing contract and alternative two is to establish a one,two,and three can rate with a recycling component.It has been recommended that a collection contract be drafted with a separate recy cling contract if recycling is chosen as an alternative to garbage collection. There was considerable discussion by the Council. Action Taken:Mr.Johnson moved that the city continue negotiations with Lakeside Disposal,seconded by Mr.Chandler,and passed unanimously. Action Taken:Mr.Edwards moved that Alternate 2 be approved,including the recycling portion,seconded by Mr.Biallas,and passed with Mr.Rimple opposed to Alternate 2 and not the recycling portion. KIMMEL ZONE CHANGE -ENVIRONMENTAL CHECKLIST -APPEAL Betty Kimmel has appealed the decision of the Planning Commission in issuing a Determination of Significance for the zone change of her property,Capistrano Park,Block 3,Lots 17,18,and 19,from R-3 to C-2. Jay Rambo,Custodial Supply,stated that they would like to purchase the prop erty for use as a warehouse for their janitorial and maintenance products. Since a warehouse is not allowed in the R-3 zone,a zone change to C-2 was requested.There was no opposition to the rezoning from the surrounding resi-^ dents.There is very little walk in trade and only minimal repairs to small [J] machinery such as vacuums would be done.Supplies would be delivered to the f property by 3/4 ton vans or a 2 ton truck.The property would be used as a r > warehouse and headquarters for the sales force in this region.Three to five ~~ individuals will be employed.The Planning Commissioners did not feel that LD the proposed use would be detrimental to the area but were concerned that "vj other uses allowed in a C-2 that would not be compatible in the area. However,the rezoning will enhance the neighborhood as it would allow the use of a currently vacant piece of property.The warehouse is directly across the street from a automotive transmission repair shop,which is in a C-2 zone,and is adjacent to the local radio station.It is not located in an exclusively residential neighborhood.Using this property as a commercial facility will not set a precedent as there is existing commercial activities in the immedi ate neighborhood.The question of spot zoning raised by the Planning Commis sion is questionable since there is an existing C-2 zone directly across the street from this property.The use of the R-3 zone as a buffer between com mercial and residential would be maintained as there would still be an R-3 zone between the commercial and residential zones in this area. James A.Whitaker,City Attorney,pointed out that the issue before the Coun cil is whether or not the Planning Commission properly determined that this non-project action would have a significant adverse impact on the environment. Joseph K.Gavinski,City Manager,pointed out that the potential impacts on the environment must be considered as a result of the possible zone change. ~ u 4290 CITY COUNCIL MINUTES:5 January 24,1989 There was some discussion by the Council and it was felt that the zone change in itself would not adversely affect the area. Action Taken:Mr.Biallas moved that the decision of the Planning Commission be reversed and a non-project zone change be declared to have a non significant adverse impact on the environment,seconded by Mr.Chandler,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS PLANNING COMMISSION Joseph K.Gavinski,City Manager,stated that there is one vacancy on the Com mission and one term has expired but the Commissioner is interested in being reappointed. Mr.Rimple reappointed Jack Pray to the Planning Commission. PARK AND RECREATION COMMISSION Joseph K.Gavinski,City Manager,stated that there are two vacancies open on the Park and Recreation Commission. X.CITY MANAGER REPORTS AND COMMENTS COUNCIL/STAFF RETREAT Joseph K.Gavinski,City Manager,mentioned that contact has been made with the Hanford House,Sun Mountain Lodge,and Campbell's Lodge concerning the Council/staff retreat to be held on March 31,April 1,and 2. It was the consensus of the Council that the Council/staff retreat be held on March 31,April 1,and 2 at the Hanford House. INVESTMENT REPORT Joseph K.Gavinski,City Manager,distributed the investment report for Decem-ZOOS ber 1988. The regular meeting was adjourned at 11:05 p.m. /OO* /o-y/ /^y'i BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF UPDEGRAVE'S LAKESIDE TRACTS PRELIMINARY PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION This matter,having come on before the Moses Lake City Council for ac tion on January 24,1989,now makes the following: FINDINGS OF FACT 1.Arlie Updegrave has submitted the Updegrave's Lakeside Tracts Preliminary Plat for approval. 2.The property is situated in Grant County and is legally described as follows: Battery Orchard Tract 33 in Section 33,Township 19 North,Range 28 EWM 3.The plat is for a 7.9 acre,17 lot subdivision.Lots will range in size from 12,072 square feet to 32,000 square feet.The subdivision is lo cated off of Peninsula Drive and is a replat of Battery Orchard Tract 33. The area is zoned R-l,Single Family Residential,and will be served with city water and sewer. 4.Lakeside Drive will be extended and improved full width through the plat and terminate in a bulb cul de sac for a turn around area.City water mains and sanitary sewer mains will be extended in the right-of-way of the proposed Lakeside Drive through the plat.The water main must be looped to connect with water main on Peninsula Drive to provide for fire flow.Sanitary sewer main and water main are present in the right-of-way of Peninsula Drive.Full width street improvements to Peninsula Drive are required through the plat as it fronts on Peninsula Drive. 5.A variance was requested of the requirement for full width street im provements to Peninsula Drive. 6.A public hearing scheduled upon notice before the Planning Commission on the issue of platting the land in question was held on December 15,1988. 7.Margaret Stiltner,3103 W.Lakeside,stated that there needs to be an other outlet from Lakeside to Peninsula as people have to walk clear to Margaret to get to Peninsula at the present time.This also makes for a long walk for school children to catch the bus. 8.There was some discussion about the need for an additional street from Peninsula to Lakeside in the area of the proposed plat. 9.Philip J.Bloom,Acting Municipal Services Director,stated that the city design standards allow for blocks no longer than 1,370'.From the inter section of Lakeside and Margaret to the end of the proposed plat is 1,179',so a street is not required. 10.Glen Stiltner,3103 W.Lakeside,stated that another outlet to Peninsula is needed. 11.Mr.Bloom pointed out that the property adjacent to this plat at the present time is an orchard and just beyond the orchard is a city-owned park.A street will be needed to connect Lakeside to Peninsula as Lake side cannot be developed through the park. 12.Arlie Updegrave stated that it is not economically feasible to construct a road through his property to connect Lakeside to Peninsula. 13.Mr.Bailey pointed out that people looking at lake lots may like the idea of their lot being on a quiet dead-end street. 14.There was some question about which lots would be affected by a covenant to provide for the full width street improvements on Peninsula Drive. 15.Joseph K.Gavinski,City Manager,stated that the improvements are a responsibility of the developer and the covenant would include the entire property.That means that the lots fronting on Lakeside would share in the cost of developing Peninsula Drive. 16.Mr.Updegrave stated that he had planned to reduce the cost of the lots on Peninsula Drive to compensate for the construction of Peninsula Drive (~* and it was not his understanding that the covenant would include the en-j tire property. 17.At their meeting on December 15,1988 the Planning Commission declared this project to have a non-significant adverse impact on the environment. 18.The Planning Commission recommended to the City Council that the prelimi nary plat be approved with the following conditions: A.The variance request be granted to allow Tracts 9,10,and 11 to exceed the length to width ratio of 3:1. B.The variance request be granted to defer the improvements to Penin sula Drive with the stipulation that a covenant run with the land for the construction of the street improvements when required by the city and the land owner to participate in any future LID for the street improvements;the developer may provide some other form of security for construction of street improvements on Peninsula Drive. C.The water main on Lakeside be looped to Peninsula to provide for adequate fire flow. 19.On January 10,1989 the City Council considered the Updegrave's Lakeside Tracts Preliminary Plat and accepted the Planning Commission recommendation.j 20.At the January 12 meeting the Planning Commission considered a request ] from Mr.Updegrave for a variance to be allowed to post a performance bond or alternative security until such time as the street improvements are required to be constructed,without any time restrictions. 21.Mr.Updegrave also requested a variance so that he is responsible for only half width street improvements to Peninsula Drive through the length of the plat as it fronts upon Peninsula Drive rather than full width street improvements as required.^ 00 22.Mr.Angel 1 stated that there is a provision that allows the posting of a r performance bond instead of a covenant.The performance bond is limited t «*to two years with a possible two year extension.Mr.Updegrave is VJ: requesting that the time limit be extended indefinitely for the bond.tD ^1 23.Mr.Gavinski stated that the problem with an unlimited time limit on a bond is that if the bond runs for many years,the amount of the bond does not cover the cost of the improvements when they are constructed and the city then has to help pay for those improvements that the developer is responsible for. 24.Mr.Updegrave stated that he wished to post a performance bond as he does not want to have to require the lots fronting on Lakeside to help pay for j the improvements on Peninsula. 25.There was some discussion by the Commission and it was felt that after the four year time limit is up on the bond,it could be reviewed and an other extension discussed at that time. 26.The Planning Commission recommended to Council that the variance request for an unlimited time on a bond or alternative security to cover the cost of improvements on Peninsula Drive be denied. 27.Mr.Angell pointed out that Mr.Updegrave is requesting that he be responsible for only half width street improvements on Peninsula.The improvements would consist of paving,sidewalks,curbs,and gutters for about 500' on Peninsula. 28.Mr.Bloom stated that Peninsula is currently a 24'wide asphalt street with gravel shoulders.When the street was designed it was intended that when it was improved to city standard it would be overlayed and the curbs raised about 1 1/2". 29.Mr.Bailey felt that requiring a developer to put in improvements in front of anothers property discouraged development and he felt the variance should be granted. 30.Mr.Pearce pointed out that the ordinance was intended to prevent the development of half width streets but since Peninsula is already paved he felt the variance request was reasonable. 31.The Planning Commission recommended to Council that the variance request for half width street improvements to Peninsula Drive be granted. 32.The Council considered the variances requested by Mr.Updegrave at their January 24,1989 meeting. CONCLUSIONS 1.The City Council of the City of Moses Lake is vested with the authority and has the jurisdiction under the law to approve a preliminary plat within the city's corporate limits if the criterion required by law is met. 2.There appears after the public meeting before the City Council on Up degrave's Lakeside Tracts Preliminary Plat no opposition to its approval. 3.The City Council is cognizant of the need to serve the welfare and best interests of the entire community,and believes that this plat will serve the best interests of the residents of the City of Moses Lake and bears a substantial relationship to the public welfare of the entire community. DECISION 1.The Updegrave's Lakeside Tracts Preliminary Plat is approved as recommen ded by the Planning Commission Dated:February 2,1989 CITY OF MOSES LAKE