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1989 02 28LJ 4297 CITY COUNCIL CITY OF MOSES LAKE February 28\1989 Members Present:Wayne Rimple,David Chandler^,Roger Biallas,Norman Johnson,Bill Frederickson,Bill Reese,and Charles Edwards MINUTES:Mr.Edwards moved that the minutes jjof the meetings of February 14 and February 7 be approved as submitted,seconded!by Mr.Chandler,and passed unanimously.I ! APPROVAL OF BILLS AND CHECKS ISSUED J Action Taken:Mr.Reese moved that the bills!and checks issued be approved,secon- ded by Mr.Chandler,and passed with Mr.Rimpile abstaining from voting for that por tion of the bills to Moses Lake Steel Supply land Faber Industrial and Mr.Biallas abstaining from voting for that portion of th:|e bills to A& H Printers. Vouchers audited and certified by the Finance|i 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. ij The vouchers included on the below list as modified by the Council and noted upon said list for the Council meeting of Februaryjj 14,1989 for the funds listed below are approved in the amount of $167,481.11 for;all funds. GENERAL FUND STREET WATER/SEWER FUND 1985 B0NDS/ULID3 WATER/SEWER CONSTRUCTION UNEMPL COMP INS CENTRAL SERVICES BUILDING MAINTENANCE EQUIPMENT RENTAL TOTAL $27,879.92 7,617.07 11,4868.77 92,954.65 2,118.59 189.49 22,261.89 132.79 2,839.94 $167,481.11 The payroll issued on February 17,1989,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 60871 through 61014 in the amount of $158,889.37. The payroll issued on February 28,1989,havilhg been approved pursuant of the City Council set forth in Moses Lake Hunicipal Code 3.42.040,w checks 61015 through 61036 in the amount of $7,608.14. to the rule was paid by The checks 20188 through 20336 issued on February 15,1989 were approved for payment at the Council meeting held on February 28,l|989 in the total amount of $127,671.19. BOY SCOUTS | The pledge of allegiance was recited and the JBoy Scouts presented the Centennial Flag.Some background information on the participation of the Boy Scouts in city government was given and the Scouts were introduced. PROCLAMATION The proclamation declaring March 6 -12,1989 entirely. JUNIOR MISS !as Girl Scout Week was read in its //£<% The Moses Lake Miss Junior Miss for 1989,Heidi Bishop,was introduced. I.CITIZEN INPUT -None 1 II.CONSENT AGENDA V9? trty rielertyneartheLarsonPlayfield as surplus and|authorizes its sale to Moses Lake Vet-ff Resolution -Accept Easement -Scott:A resolution was presented which accepts an j?\iD easement on Lakeside Drive from James Scott.-I K Resolution -Surplus Property:A resolution |vas presented which declares real prop-^ erty near the Larson P erans of Foreign Wars. 4298 CITY COUNCIL MINUTES:2 February 28,1989 Action Taken:Mr.Johnson moved that the Consent Agenda be approved,seconded by Mr.Reese,and passed unanimously. III.CONSIDERATION OF BIDS -None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS PARKING 1/The Moses Lake Business Association has requested the Council consider purchasing A11 the vacant lot on the corner of Ash and Third to be used for off street parking. They suggested that the business license fee be raised to help pay the cost of pur chasing the property. David Perrault stated that he is opposed to raising the business license fee for this purpose. A letter was read from David Jones which was opposed to the increase. Mr.Johnson stated that he has received several calls all opposed to the increase in the business license fees for this purpose. Mr.Reese pointed out that the parking is proposed for the employees of the various businesses. Mr.Biallas stated that he has received no comments in favor of this proposal. Mr.Edwards pointed out that the majority of businesses would not benefit from this additional parking and those businesses who would benefit should take care of it. Mr.Chandler did not feel that businesses that have provided their own parking and those not receiving any benefits from the additional parking should pay the cost. Don Milbrandt,Moses Lake Business Association,stated the City Manager is welcome to come to the meeting at 8 a.m.at Seasons.He mentioned that it was intended that the money raised by increasing the business license fees would be used to solve parking problems throughout the city in future years. There was some discussion by the Council.It was the consensus that the City Man ager attend the next Moses Lake Business Association meeting and also have some cost figures developed on the purchase and development for parking of this lot. V.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 1989 BUDGET -1ST READING ^ An ordinance was presented which amends the 1989 budget.C_ GO The ordinance amending the 1989 budget for the City of Moses Lake was read by title rr\ only.^j Action Taken:Mr.Johnson moved that the first reading of the ordinance be adopted and the summary for publication be approved,seconded by Mr.Chandler,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS JANITORIAL CONTRACT Staff requested authorization to call for bids for the janitorial contract. Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Frederickson,and passed unanimously. VII.REFERRALS FROM COMMISSIONS KIMMEL ZONE CHANGE -ORDINANCE - 1ST READING Betty Kimmel has requested a zone change of Lots 17,18,and 19 of Block 3, Capistrano Park from R-3,Multi-Family Residential,to C-2,General Commercial and Business The Planning Commission recommended that the zone change request be de nied aue to trie fact that it would be spot zoning. 4299 i CITY COUNCIL MINUTES:3 \February 28,1989 ti Mr.Rimple wanted to know if other property dwners had been contacted about rezoning their property.ij ji Jay Rambo,representing Mrs.Kimmel,stated tihat he contacted KBSN and the office manager was not opposed to rezoning the property C-2 but he would have to check with the corporate office.The remaining property owners along that strip do not wish to have the property rezoned for fear of an increase in property taxes. There was some discussion by the Council and |!it was the consensus that changing the zone would be spot zoning.The Council felt jjthat to avoid the spot zoning problem the property owned by the radio station should be included in the zone change. Action Taken:Mr.Reese moved that the Findings of Fact be accepted and the or- dinance not be passed,seconded by Mr.Biallas,and passed with Mr.Frederickson opposed.|| VIII.OTHER ITEMS FOR COUNCIL CONSIDERATIONS-None,—.—_ij IX.COUNCIL QUESTIONS AND COMMENTS CARGO CONTAINERS Mr.Biallas stated that the Planning Commission granted a conditional use permit to Chuck's Automotive for a van body to be used jjas a storage container.He pointed out that it was not the intent of the ordinance fjo allow the use of van bodies for storage purposes.He felt the ordinance should be changed so that using an aban doned truck or chassis would not be allowed io be used for storage purposes. ;i Mr.Chandler agreed and stated that he felt tihat these storage containers should have been banned.j Mr.Frederickson stated that the city is spending a great deal of money to attract tourists and improve the downtown area with pavers and trees and unsightly storage containers and truck bodies should not be allowed to be used as storage. i Joseph K.Gavinski,City Manager,stated that!when the ordinance was drafted it was not intended to allow truck or van bodies to Ijbe used as storage containers. It was the consensus of the Council that the jilanguage in the ordinance be tightened up.I X.CITY MANAGER REPORTS AND COMMENTS !j AMPHITHEATER The concept of the Centennial Amphitheater iri McCosh Park was presented./&I0'4 Joseph K.Gavinski,City Manager,gave some background on the project to the Coun cil.He stated that the consultants were requested to design a first class,top-of- the-line outdoor amphitheater with the idea tihat it could be constructed in phases. The first alternate is a stage without much lighting or sound equipment. Len Zickler,from the Office of Robert Perron],Landscape Architects,presented the pictures of the proposed amphitheater and stajted that it was designed with three objectives in mind -community desires,facility that would be extremely attractive, and the need to build in phases.He stated tihat the entire project would cost ap proximately $800,000 which includes seating f'or 1,500 spectators,a small changing room,room to move sets on and off the stage,!!restrooms,special entrance feature which includes a control room over the restrojom for lighting and sound equipment, and sound and lighting systems for performances and spectators.The Centennial Theater Committee felt it was important to include rest rooms in this project and a nice entrance to the facility.! ;! Rodney Butler,architects,stated that one of|the goals was the ability to seat a 100 piece orchestra and provide a good acoustical and lighting systems.The pro posed design would accommodate a wide variety!of projects and performances. il Mr.Zickler stated that the phase I proposal jwould include the stage and enclosure ($128,235)not including the acoustical panejils and a wall closing off the back of the stage;conduits for future lighting and sjDund systems;site work and landscaping ($67,856)not including some of the ground coiVer on the berm and the concrete stair stepped seating areas which will allow for a Simpler irrigation system.There would be some lighting included on the stage but nof landscape lighting would be included. 0 ' tf 4300 CITY COUNCIL MINUTES:4 February 28,1989 The cost comes to $196,091 with a contingency of 10%($19,600),a 10%contractors overhead and profit ($21,570),and sales tax at 7.5%.The total construction cost would be $253,878 and then a $25,000 fee for the stage consultant and structural, mechanical,lighting,and sound engineer.That makes a total cost of $278,878. Restrooms would not be included in Phase I.The restroom building would cost an additional $130,000. Brenda Teals stated that the Centennial Theater Committee has not had a chance to really look over the design and discuss the plans and concepts for the theater.It was felt that the Council should be informed of the progress of the project. Mick Hansen stated that he is opposed to the project because of the approximate cost of $900,000.He pointed out that it will not generate any money for the city.He felt the money should be used for construction of a building that could be used year round and would hold events that would generate money and cause people to stay in Moses Lake over night. It was the consensus of the Commission that the Centennial Theater Committee review the proposal and make a recommendation at a later meeting. SALES TAX Joseph K.Gavinski,City Manager,distributed the sales tax information to the Council. HOTEL/MOTEL TAX REPORT Joseph K.Gavinski,City Manager,distributed a report on the hotel/motel tax receipts. CRIME REDUCTION Joseph K.Gavinski,City Manager,distributed a letter and ordinance from the City of Pasco calling for changes in the sentencing guidelines of the state. INSURANCE Joseph K.Gavinski,City Manager,distributed a letter from the Washington Cities Insurance Authority which states they will consider the city for inclusion in the Authority. FIRE DEPARTMENT Joseph K.Gavinski,City Manager,distributed information on various fire depart ments around the state. The regular meeting was recessed at 10:40 p.m.and the Council met in an executive session to discuss personnel.The executive session was adjourned at 11 p.m.and the regular meeting was reconvened.The regular meeting.,was adjourned^at 11 p.m. Finance Director n 7> CO c_ CO CD ^1 0) CO BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE ZONE CHANGE REQUEST -KIMMEL PROPERTY HEARING. NO.88 - 4 - ZC FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.1 Date.A public hearing was held upon proper notice before the Com mission on December 29,1988. 1.2 Proponent.Betty Kimmel is the proponent of this rezone. 1.3 Purpose.The proponent has requested a rezone of property legally described as Lots 17,18,and 19 of Block 3,Capistrano Park from from R-3,Multi-family Residential,to C-2,General Commercial and Business.The hearing was scheduled to consider an Environmental Checklist prior to the request for the rezone being considered. 1.4 Evidence.The Commission considered the following materials in reaching its decision. A.The application of the proponent for the rezone. B.The Environmental Checklist prepared by the proponent C.Testimony from the proponent.; D.The absence of written comments from the public. FINDINGS OF FACT. Based upon the evidence presented to them,the Commission made the fol lowing findings of fact: 2.1 The proponent is the owner of property legally described as Lots 17, 18,and 19 of Block 3,Capistrano Park. 2.2 The property is platted and served with city water and sewer.The water main is located in Main Street.The sewer main is located in the alley between Main and Basin Streets. 2.3 The proponent wishes to use the property as a warehouse. 2.4 Warehouses are prohibited uses in an R-3 Zone. 2.5 A conditional use permit was previously granted for the construction of a hobby shop at this same location in 1985 after a zone change to C-2 was denied.Covenants were attached to the construction of a hobby shop relating to street and sidewalk improvements. 2.6 Main Street is a gravel street and has not been improved. CONCLUSIONS. 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 recommend to the City Council the advisability of the proposed change in zoning. 3.2 The rezone request of the proponent is properly before the Commis sion for its recommendation. 3.3 It is proper at this time for the Planning Commission to make a rec ommendation on this rezone request. 3.4 The Planning Commission declared this rezone,if granted,to have a significant adverse impact on the environment on December 29,1988. 3.5 It is in the best interests and welfare of the city's citizens not to rezone the property as proposed. 4.RECOMMENDATION. 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 request for a rezone of this property from R-3 to C-2,if granted,would have a significant adverse impact on the environment and therefor not be in the best inter ests and welfare of the city's citizens. 5.FURTHER HEARING BEFORE THE PLANNING COMMISSION. 5.1 Date.A further hearing was held before the Planning Commission on February 16,1989 to reconsider the rezone request. 5.2 Proponent.Betty Kimmel is the proponent. 5.3 Purpose.The City Council reversed the decision of the Planning Commission and declared the rezone,if granted,would have a non significant adverse impact on the environment.Therefore the Plan ning Commission needed to review the rezone request again. 5.4 Evidence.The Planning Commission considered the following materi als in reaching its decision: A.The application of the proponent for the rezone. B.The history of the property. 6.FURTHER FINDINGS OF FACT. Based upon the evidence presented to them,the Planning Commission makes the following further findings of fact: 6.1 The proponent is seeking to rezone only her property. 6.2 The property on the southwest side of the proponent's property is currently developed and used commercially. 6.3 The rezone would constitute spot zoning. 7.FURTHER CONCLUSIONS. From the foregoing findings of fact the Planning Commission makes the following conclusions: 7.1 The Planning Commission of the City of Moses Lake is vested with the authority to recommend to the City Council the advisability of the proposed change in zoning. 7.2 The rezone request of the proponent is properly before the Commis sion for its recommendation. 7.3 It is proper at this time for the Planning Commission to make a rec ommendation on this rezone request. 7.4 The Planning Commission declared this rezone,if granted,to be spot zoning. 7.5 It is in the best interests and welfare of the city's citizens not to rezone the property as proposed. n r en CO "3 8.FURTHER RECOMMENDATION. On the basis of the foregoing findings of fact and conclusions,it is the further recommendation of the Planning Commission of the City of Moses Lake that the request for a rezone of this property from R-3 to C-2 not be allowed since it would be considered spot zoning and,therefore,not in the best interests and welfare of the city's citizens. 9.FURTHER HEARING BEFORE THE CITY COUNCIL. 9.1 Date.A further hearing was held before the City Council on Febru ary 28,1989 to reconsider the rezone request. 9.2 Proponent.Betty Kimmel is the proponent. 9.3 Purpose.The City Council considered the request for a rezone. 9.4 Evidence.The City Council considered the following materials in reaching its decision: A.The application of the proponent for the rezone. B.The history of the property. 10.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. Based upon the evidence presented to them,the City Council makes the following further findings of fact: 10.1 The proponent is seeking to rezone only her property. 10.2 The property on the southwest side of the proponent's property is currently developed and used commercially. 10.3 The rezone would constitute spot zoning. 11.FURTHER CONCLUSIONS OF THE CITY COUNCIL' From the foregoing findings of fact the City Council following conclusions: makes the 11.1 The City Council of the City of Moses Lake is vested with the authority to make a decision on a proposed change in zoning. 11.2 The rezone request of the proponent is properly before the Council for its decision. 11.3 It is proper at this time for the City Council to make a decision on this rezone request. 12.DECISION. The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission and denies the zone change request. Dated:February 28,1989