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1989 06 134323 CITY COUNCIL CITY OF MOSES LAKE June 13,1989 Members Present:Wayne Rimple,Roger Biallas,David Chandler,Bill Frederick- son,Norman Johnson,Bill Reese,and Charles Edwards MINUTES:Mr.Edwards moved that the minutes of the meeting of May 23 be approved as submitted,seconded by Mr.Chandler,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ,)Action Taken:Mr.Edwards moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Chandler,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Faber Industrial Supply and Moses Lake Steel Supply 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. Claims:The vouchers included on the below list as modified by the Council and noted upon said list for the Council meeting of June 13,1989 for the funds listed below are approved in the amount of $153,676.40 for all funds. GENERAL FUND $23,495.80 STREET 22,180.90 CONVENTION CENTER 6,320.34 STREET IMPROVEMENT 138.15 WATER/SEWER FUND 24,601.59 1985 B0NDS/ULID3 554.00 WATER/SEWER CONSTRUCTION 10,853.83 SANITATION FUND 34,633.73 UNEMPL COMP INS 230.43 L,ACCIDENT INSURANCE 950.00 CENTRAL SERVICES 9,654.17 BUILDING MAINTENANCE 3,062.01 EQUIPMENT RENTAL 16,771.69 FIREMANS PENSION 229.76 TOTAL $153,676.40 Prepaid Claims:Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council have been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $3,282.88 for all funds. GENERAL FUND $ 216.99 WATER/SEWER FUND 345.00 SANITATION FUND 19.39 CENTRAL SERVICES 1.420.68 TOTAL $3,282.88 Payroll*The payroll issued on May 26,1989,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 61889 through 62047 in the amount of $155,627.89. The payroll issued on May 31,1989,having been approved pursuant to the rule ,j of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid w by checks 62048 through 62069 in the amount of $7,537.33. The payroll issued on June 9,1989,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 62070 through 62222 in the amount of $134,091.42. Checks:Checks 20902 through 20904 issued on May 8 and 9,1989;checks 21025 through 21028 issued on May 12 and 18;and checks 21030 through 21161 issued on May 24,1989 were approved for payment at the Council meeting held on June 13,1989 in the total amount of $264,470.14. ^ 4324 CITY COUNCIL MINUTES:2 June 13,1989 I.CITIZEN INPUT -None II.CONSENT AGENDA Request to Sell Fireworks -Discount Display.Inc./Pavless Drug:Discount Display has requested permission to sell fireworks at 2210 W.Broadway and Payless Drug has requested permission to sell fireworks at 815 N.Stratford Road.f~*\ ,;Resolution -Accept D.A.R.E.Donation:A resolution was presented whichjOi^accepts a donation of clothing and other items from Cindy Niessner,d/b/a The Towne Shop,to be sold and the funds used by the city for the D.A.R.E.pro gram. oL Resolution -Local Government Investment Pool:A resolution was presented V^which reaffirmed the investment of city money in the Local Government Invest ment Pool. ,u[p Resolution -Accept Sewer Line -Amick Addition:A resolution was presented ''which accepts a sewer line constructed in the rear of the Amick Addition. JO ^Resolution -Interfund Loan:A resolution was presented which provides for an interfund loan from the General Fund to LID #56. Police Labor Contract:Authorization was requested for the City Manager to sign the Police Labor Contract. Acceptance of Work - 1988 Water/Sewer Contracts:Marchand Construction has completed work on the 1988 Water/Sewer Contracts and the work is ready to be accepted and the 30 day lien period entered into. Action Taken:Mr.Edwards 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 a SIDEWALK IMPROVEMENT #2 -BROADWAY IMPROVEMENT/ASSESSMENT ROLL -PUBLIC 4^D HEARING The assessment roll,with changes and amendments,was presented to the Council for the sidewalk replacement project on Broadway. The public hearing was opened. Bill Tracy objected to being forced to put in pavers.He stated that he is opposed to the pavers anyway. Mr.Frederickson stated that he is opposed to replacing sidewalks that don't need it. Mr.Rimple mentioned that he had walked the entire area proposed to be re placed with pavers and at least a portion of Mr.Tracy's property needs to be done. There was considerable discussion about the project. Mr.Johnson moved that the public hearing be closed,seconded by Mr.Reese, and passed unanimously. Action Taken:Mr.Biallas moved that the sidewalk shown in red and purple on the transparency be replaced with brick pavers,seconded by Mr.Reese,and passed with Mr.Rimple and Mr.Frederickson opposed. .-j-7 RESOLUTION -SIX YEAR TRANSPORTATION IMPROVEMENT PLAN -PUBLIC HEARING The Six Year Transportation Improvement Plan was presented. 4325 CITY COUNCIL MINUTES:3 June 13,1989 The resolution adopting the six year street construction program for 1990-1995 was read by title only. The public hearing was opened.There were no comments. Mr.Johnson moved that the public hearing be closed,seconded by Mr.Chandler, and passed unanimously. Action Taken:Mr.Chandler moved that the resolution be adopted,seconded by Mr.Johnson,and passed unanimously. V.ORDINANCES AND RESOLUTIONS ORDINANCE - CREATE TOURISM DEVELOPMENT COMMISSION - 1ST READING An ordinance was presented which creates a Tourism Development Commission. The ordinance establishing Chapter 2.46 of the Moses Lake Municipal Code entitled Tourism Development Commission was read by title only. There was some discussion and it was determined to drop Development from the name of the Commission and reduce the members to 7. Action Taken:Mr.Johnson moved that Development be dropped from the ordin ance,the members be reduced to 7 and that initially three members to be appointed for a four year term,two members to be appointed for a three year term,and two members to be appointed for a two year term,and the first reading of the ordinance be approved,seconded by Mr.Chandler,and passed unanimously. ORDINANCE -CREATE WATER REGULATIONS - 1ST READING An ordinance was presented which creates Chapter 13.06 of the Moses Lake /Oy$~ Municipal Code which establishes a policy on water rationing if it becomes necessary,and provides for emergency adoption.The summary for publication was also presented. The ordinance creating Chapter 13.06 of the Moses Lake Municipal Code entitled Water Regulations was read by title only. Mr.Frederickson suggested that if the water rationing is ever invoked,the Council meet within 72 hours in order to explain the reasons to the public. Action Taken:Mr.Frederickson moved that an emergency be declared and the ordinance be adopted on a first reading,and the summary for publication be approved,seconded by Mr.Chandler,and passed unanimously. ORDINANCE -AMEND 1989 BUDGET -1ST READING An ordinance was presented which amends the 1989 budget./O/O The ordinance amending the 1989 budget for the City of Moses Lake,Washington was read by title only. Action Taken:Mr.Chandler moved that the first reading of the ordinance be adopted,seconded by Mr.Edwards,and passed unanimously. ORDINANCE -AMEND PARKING REGULATIONS - 1ST READING ^An ordinance was presented which amends the parking regulations to extend the ' two hour parking restriction on Broadway and Third to Gumwood. The ordinance amending chapter 10.12 of the Moses Lake Municipal Code entitled Parking Regulations 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. joe* te0 )/*[p )?b i^ 4326 CITY COUNCIL MINUTES:4 June 13,1989 VI.REQUESTS TO CALL FOR BIDS DOWNTOWN SIDEWALKS Staff requested authorization to call for bids for the downtown paver sidewalk project. Action Taken:Mr.Edwards moved that staff be authorized to call for bids,f) seconded by Mr.Reese,and passed unanimously.j VII.REFERRALS FROM COMMISSIONS ' SAGE BAY NO. 6 FINAL PLAT Eilers,Mann,and Niessner have submitted the final plat for Sage Bay Division No.6 located on Edgewater Lane.The plat is for a 13 lot residential sub division containing 4.38 acres.The area is zoned R-l,Single Family Residen tial and will be served with city water and sewer located in Edgewater Lane. The final plat has been amended to eliminate a street originally proposed to be placed between lots 2 and 3.An additional lot has been incorporated into the subdivision due to the elimination of the street.The Planning Commission recommended to the City Council that the final plat be accepted. Action Taken:Mr.Edwards moved that the findings of fact and the final plat be approved,seconded by Mr.Chandler,and passed unanimously. MONTLAKE PARK FINAL PLAT The City of Moses Lake has submitted the Montiake Park Final Plat for approv al.The plat is the site of the existing Montlake Park and consists of 40.9 acres;8.8 acres of upland area and 31.2 acres of lake bed.Approximately 6 acres of the park is improved with grass,trees,landscaping,recreational equipment,parking area,boat dock,and launch.Access to the park is through f a 60'wide public crossing easement from the railroad.The easement is improved and intersects with Linden Drive.The park is presently served with ' city water and septic tank.Variances have been granted to allow the plat to be served with septic tanks until it can be connected to sanitary sewer;the sanitary sewer main not be required to be extended through the plat;and the plat not be required to front on a dedicated city street.The Planning Commission recommended to the City Council that the final plat be approved. Action Taken:Mr.Edwards moved that the findings of fact and the Montlake Park Final Plat be approved,seconded by Mr.Chandler,and passed unanimously. ASSEMBLY OF GOD PRELIMINARY PLAT -VARIANCE The Assembly of God Church has submitted a preliminary plat for a 4 acre subdivision located on Clover Drive between Evergreen Drive and Nelson Road. The plat consists of a 25,000 square foot church including sanctuary,class rooms,office,multipurpose areas,and parking.The plat is served with a water main in Clover Drive and sanitary sewer will be extended from Nelson Road.The church has requested a variance of the requirement to extend sanitary sewer through the plat on Clover Drive.The Planning Commission recommended to Council that the variance be approved with the stipulation that a covenant run with the land for the required improvements and the property owner be required to participate in any LID for those improvements. i Action Taken:Mr.Biallas moved that the variance be granted as recommended ! by the Planning Commission,seconded by Mr.Johnson,and passed unanimously.j VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION - None IX.COUNCIL QUESTIONS AND COMMENTS - None u 4327 CITY COUNCIL MINUTES:5 June 13,1989 X.CITY MANAGER REPORTS AND COMMENTS STATE PARK Joseph K.Gavinski,City Manager,distributed a letter,signed by the Mayor,//0* which is proposed to be sent to the Washington State Parks and Recreation Commission. Action Taken:Mr.Frederickson moved that the letter be sent,seconded by Mr. Chandler,and passed unanimously. INVESTMENT REPORT The investment report for May 1989 was presented./O03 HOTEL/MOTEL TAX REPORT The hotel/motel tax report for May 1989 was presented.//^V^ INSURANCE A letter from the Washington Cities Insurance Authority was distributed which /OP / gives a preliminary quote for 1990 insurance. UTILITY RATE SURVEY Portions of the 1989 Utility Rate Survey were distributed to Council./2Q£ The regular meeting was recessed at 10:00 p.m.and the Council met in an executive session to discuss litigation and real estate acquisition.The executive session was adjourned at 11:15 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 11:15 p.m. ATTEST: BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE MONTLAKE PARK FINAL PLAT MONTLAKE PARK FINAL 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 25,1989. 1.2 Proponent.The City of Moses Lake is the proponent of this plat. 1.3 Purpose.The proponent has submitted a final plat for property legally described as follows: A portion of the north 1/2 of the SE 1/4 of Section 27,Township 19 f^.North,Range 28 EWM,Grant County,Washington,lying westerly of the (j)Chicago,Milwaukee and Pacific Railway Company right-of-way, ry>containing 40.9 acres. 1.4 Evidence.The Commission considered the following materials in CD reaching its decision: <r A.The submitted plat. B.Testimony from the proponent. C.Written comments from various parties. 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 Public. 2.3 A portion of the plat is currently developed as a park. 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 recommend to the City Council the advisability of approving a final plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 It is proper at this time for the 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 January 14, 1988.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. 5. FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date.A public meeting was held upon proper notice before the Council on June 13,1989. 5.2 Proponent.The City of Moses Lake is the proponent of this plat. 5.3 Purpose.The proponent has submitted a final plat for property legally described as follows: A portion of the north 1/2 of the SE 1/4 of Section 27,Township 19 O North,Range 28 EWM,Grant County,Washington,lying westerly of the Chicago,Milwaukee and Pacific Railway Company right-of-way, containing 40.9 acres. 5.4 Evidence.The Council considered the following materials in reaching its decision: A.The submitted plat. B.Written comments from various parties. C.The recommendation of the Planning Commission 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 Public. 6.3 A portion of the plat is currently developed as a park. 7.FURTHER CONCLUSIONS BY THE CITY COUNCIL.P From the foregoing findings of fact the Council makes the following conclusions: 7.1 The City Council of the City of Moses Lake is vested with the authority to consider approving a final plat. 7.2 The plat is properly before the City Council for its decision. 7.3 It is in the best interests and welfare of the city's citizens to plat the property as proposed. 8.DECISION. On the basis of the foregoing findings of fact and conclusions,it is the decision of the City Council City of Moses Lake that the plat be approved. Dated:June 13,1989 < BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE SAGE BAY NO. 6 FINAL PLAT SAGE BAY NO. 6 FINAL 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 25,1989. 1.2 Proponent.Ron and Debrah Eilers,Gary and Janet Mann,and Randy and Cindy Niessner are the proponents of this plat. 1.3 Purpose.The proponent has submitted a final plat for property legally described as follows: ^-See Attachment A J~*1.4 Evidence.The Commission considered the following materials in CvJ reaching its decision: ffl A.The submitted plat. B.Testimony from the proponent. C.Written comments from various parties. 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-l,Single Family Residential. 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 recommend to the City Council the advisability of approving a final plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 It is proper at this time for the 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 March 27,1986. 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. 5.FURTHER HEARING BY THE CITY COUNCIL. 5.1 Date.A public meeting was held upon proper notice before the Council on June 13,1989. 5.2 Proponent.Ron and Debrah Eilers,Gary and Janet Mann,and Randy and Cindy Niessner are the proponents of this plat. 5.3 Purpose.The proponent has submitted a final plat for property legally described as follows: See Attachment A 5.4 Evidence.The City Council considered the following materials in reaching its decision: A.The submitted plat. B.Testimony from the proponent. C.Written comments from various parties. D.The recommendation of the Planning Commission. 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-l,Single Family Residential. 6.3 The elimination of the street proposed on the preliminary plat is necessary for the safety of the citizens of Moses Lake. 7.FURTHER CONCLUSIONS BY THE CITY COUNCIL. From the foregoing findings of fact the Council makes the following conclusions: 7.1 The City Council of the City of Moses Lake is vested with the authority to consider approving a final plat. 7.2 The plat is properly before the City Council for its decision. 7.3 It is in the best interests and welfare of the city's citizens to plat the property as proposed. 8.DECISION. On the basis of the foregoing findings of fact and conclusions,it is the decision of the City Council of the City of Moses Lake that the plat be approved. Dated:June 13,1989 R.Wayne RimpSle,Mayor n ATTACHMENT A LEGAL DESCRIPTION That portion of the North half of Section 22,Township 19 North,Range 28 East,W.M.,County of Grant,State of Washington,as shown and described on the plat known as Sage Bay Division No.6 and as described as follows: Commencing at a found U.S.Bureau of Reclamation brass cap monument marking the Northwest corner of the Northwest quarter of Section 22; thence North 87 *47'40" East a distance of 2,1 76.36 feet to the Southerly right-of-way boundary line of Sage Bay Drive and the point of beginning for Sage Bay Division No. 2 as recorded in Volume 1 0,Page 53,records of Grant County,Washington; thence South 68 *00'00" West on the Southeasterly right-of-way boundary line of Said City Street a distance of 335.60 feet to a Northwesterly corner of Said Plat, said point being the Northerly most corner of Lot 60 of Said Plat; thence continuing South 68 '00'00"West on the Northwesterly boundary line of Said Plat a distance of 11 5.00 feet to a Northwesterly corner of Said Plat and the Westerly most corner of Lot 60 of Said Plat; thence South 22 *00'00"East on the Northwesterly boundary line of Said Plat and the Southwesterly boundary line of Said Lot a distance of 90.00 feet to a Northwesterly corner of Said Plat and the Southwesterly corner of Said Lot; thence South 13 '28'07" West on the Northwesterly boundary line of Said Plat a distance of 84.60 feet to a Northwesterly corner of Said Plat and to the Northerly most corner of Lot 57 of Said Plat; thence South 64 *14' 45" West on the Northwesterly boundary line of Said Plat a distance of 1 50.00 feet to the Westerly most corner of Said Plat and to the Westerly most corner of of Lot 56 of Said Plat, said point also being the Northeasterly most corner of the short plat known as Sage Bay Division No. 3 Short Plat as recorded in Volume 2 of Short Plats, Pages 45 - 47,records of Grant County, Washington, as found under Auditor's File No.776278; thence continuing South 64 *1 4'45" West on the Northwesterly boundary line of Said Short Plat a distance of 320.00 feet to the Northwesterly most corner of Said Short Plat and to the Northeasterly most corner of the short plat known as Sage Bay Division No.4 Short Plat as recorded in Volume 2 of Short Plats,Pages 51 -53,records of Grant County, Washington, as found under Auditor's File No.77 9082; thence South 61 '41'53"West on the Northwesterly boundary line of Said Short Plat a distance of 90.1 6 feet; thence South 59 *44'45" West on the Northwesterly boundary line of Said Short Plat a distance of 240.00 feet to the True Point of Beginning,said,point also being the North westerly most corner of Said Short Plat; thence South 59 *44'45" West a distance of 653.93 feet; thence South 30 ' 15' 1 5"East a distance of 244.68 feet to the shoreline of Moses Lake; thence Northeasterly on the shoreline of Said Lake to the Southwesterly boundary line of the short plat known as Sage Bay Division No. 4 Short Plat, Said Point bears North 72 *29' 38" East a distance of 543.87 feet from the aforementioned last course; thence North 25 *45' 15" West on the Southwesterly boundary line of Said Plat a distance of 175.23 feet to a Southwesterly corner of Said Short Plat and to the Southeasterly right-of-way boundary line of the city street known as Edgewater Lane; thence North 15 *11' 34" West on the Westerly boundary line of Said Plat a distance of 62.1 3 feet to a corner of Said Short Plat and to the Northwesterly right-of-way boundary line of Said City Street; thence North 59 *44' 45" East on the Northwesterly right-of-way boundary line of Said City Street and on the Northwesterly boundary line of Said Plat a distance of 93.56 feet to a Northwesterly corner of Said Plat; thence North 30 '15'15"West on the Northwesterly boundary line of Said Plat a distance of 130.00 feet to the True Point of Beginning; Containing 4.38 Acres,more or iess.