1989 09 264356
CITY COUNCIL
CITY OF MOSES LAKE
September 26,1989
Members Present:Wayne Rimple,Bill Frederickson, Roger Biallas,DavidChandler, and Bill Reese
Absent:Norm Johnson and Charles Edwards
MINUTES:Mr.Chandler moved that the minutes of the meeting of September 12, be approved as
submitted,seconded by Mr.Biallas,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved,seconded
by Mr.Chandler, and passed with Mr.Rimple abstaining from voting forthat portion of the billsto Faber
Industrial and Mr.Biallas abstaining from voting forthat portion of the billsto 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 includedon the belowlistas modifiedby the Counciland noted upon said listforthe
Councilmeeting of September 26,1989 forthe fundslistedbelowareapproved inthe amount of $337,143.75
for all funds.
GENERAL FUND $15,328.45
STREET 24,736.18
ARTERIAL STREET 403.87
COMM/DEV BLOCKGRANT 143.25
EQUIPMENT LEASES 408.20
CONVENTION CENTER 2,143.48
STREET IMPROVEMENT 112,063.22
PARK IMPROVEMENT 14,896.49
WATER/SEWER FUND 26,391.13
1985 BONDS/ULID3 1,770.35
1985 BONDS/ULID4 18,819.53
WATER/SEWER CONSTRUCTION 48,590.13
CERB LOANS 31,796.38
W/S LEASES 770.58
SANITATION FUND 18,673.14
CENTRAL SERVICES 4,146.33
BUILDING MAINTENANCE 2,668.44
EQUIPMENT RENTAL 6,460.78
LID #56 6.933.82
TOTAL $337,143.75
Prepaid Claims:Prepaid claims approved by the City Manageraccording to the process established by
Moses Lake Municipal Code 3.42.030 and the internalcontrol policy approved bytheCityCouncil 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 $6,683.78 for all funds.
GENERAL FUND $873.00
CONVENTION CENTER 495.00
CENTRAL SERVICES 5.315.78
TOTAL $6,683.78
Payroll:The payroll issued on September 15,1989,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 63413 through 63540 in the
amount of $148,819.12.
Checks:Checks 21913through 21921 issued from August 24,1989 through September 7,1989 and checks
21925 through 22034 issued on September 13,1989 were approved for payment at the Council meeting held
on August 22,1989 in the total amount of $334,437.78.
I.CITIZEN INPUT -None
II.CONSENT AGENDA
Acceptance of Work -Laauna and Seventh Street Improvements:The work Marchand Construction has /O/f
done on this project is ready to be accepted and the 30 day lien period entered into.
Acceptance of Work -ULID #3: The work Bowen Construction has done on this project is ready to be /£^
accepted and the 30 day lien period entered into.
Action Taken:Mr.Chandler 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
ORDINANCE -CONDITIONAL AND UNMENTIONED USES -2ND READING AND PUBLIC HEARING
An ordinance was presented which amends the Conditional and Unmentioned Uses chapter of the Moses
Lake Municipal Code in orderto clarify the fact that conditional use permitsare granted to a person.
/osY
4357
CITY COUNCIL MINUTES:2 September 26, 1989
The ordinance amending Chapter 18.51 of the Moses Lake Municipal Code entitled "Conditional and
Unmentioned Uses"was read by title only.
The public hearing was opened.
Shawn Kimmel,716 Hawthorne,stated that he had requested that a conditional use permit granted to
another person be transferred to him when he took over the business.He was informed by city staff that
he was required to request a conditional use permit of his own since it is city policy to issue a conditional
use permit to a person.He felt that the existing ordinance allows the transfer of the permit to another
person and the ordinance is being changed to disallow that.He felt the ordinance should remain as is and
the conditional use permits be allowed to be transferred to another person.
There was some discussion by the Council and it was pointed out that the ordinance is being changed in
order to clarifywhether a conditional use permit is being issued to a person or a property.
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.
j^O ORDINANCE -HOPKINS ZONE CHANGE -2ND READING AND PUBLIC HEARING
George Hopkins has requested a zone change of a portion of Tax #3380 located at Wapato and Interlake
from R-2,Multi-family Residential, to C-2, General Commercial and Business.
The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only.
The public hearing was opened.
Mr.Chandler moved that the public hearing be closed,seconded by Mr.Frederickson,and passed
unanimously.
Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,the summary for
publication be approved,and the Findings of Fact be accepted,seconded by Mr.Chandler, and passed
unanimously.
\w An ordinance was presented which fixes the estimated amount to be received for municipal purposes from
taxations on assessed valuations on property within the city limits for 1990.
The ordinance fixing the estimated amount to be received for municipal purposes from taxations on
assessed valuations on property within the City of Moses Lake,Washington for 1990 was read bytitle only.
ActionTaken:Mr.Biallas moved that the second readingof the ordinance be adopted,seconded by Mr.
Reese,and passed unanimously.
^A RESOLUTION -INTERFUND LOAN
/0l°
A resolution was presented which provides for an interfund loan from the General Fund to the Street
Improvement Fund to cover the expenses of the account.
The resolution authorizing an inter-fund loan was read by title only.
Action Taken:Mr.Chandler moved that the resolution be adopted,seconded by Mr.Biallas,and passed
unanimously.
VI.REQUESTS TO CALL FOR BIDS -None
VII.REFERRALS FROM COMMISSIONS
^qo ORDINANCE -MOBERG ZONE CHANGE -1ST READING
An ordinance was presented which provides fora zone change of Lot 11,Block 13,Lakevlew Terrace Unit
1 from R-1,Single Family Residential, to R-3,Multi-family Residential. The lot fronts on Olive and Kiefer
whichare improvedcitystreets. The lotis platted and served withcitywaterand sewer. The zone change
is requested In orderto convert the existing house into a professional office in the future.The Planning
Commission recommended that the zone change request be granted provided the area of the lot lying
between the existing resident and Kiefer Drive remainas R-1 and that any portion of Laurel Drive legally
attached to Lot 11 also be included in the zone change.
The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only.
Don Liggett, 835 Kiefer Drive,felt that the zone change request should be denied as the house has been
used for residential purposes forover 20 years. Changing the zone to R-3 would open the area to usesthat
may not be compatible to the rest of the residential area. An office in this area would add to the traffic
congestion on Olive and Kiefer.
Eleanor Sortor,816Olive,stated that she agreedwith Mr.Liggett'scomments and did not feel the proposed
buffer zone of R-1 along Kieferwould help much.
fc
V.ORDINANCES AND RESOLUTIONS
ORDINANCE -FIXING 1990 TAXATION -2ND READING
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CITY COUNCIL MINUTES:3 September 26,1989
John Moberg,P.O.Box L,pointed out that the matter was discussed thoroughly before the Planning
Commission and itwas pointed out that inallowingthe construction of the Hearthstone Innacross fromthis
property it lost its value as a residence. The highest and best use of this property now would be fora
business use, such as alawoffice.The Planning Commissionproposedthe split zone as a control measure.
Luke McKean,8901-B Travis,distributed some picturesshowing the lot. He pointed out that the lot is not
really a partof the Kiefer Drive community and traffic would not have any affect on that area.
Mr.Biallas felt thatthe proposed bufferzone wouldnotaccomplishvery much and is generally opposed to
rezoning R-1 at all.However, this is a unique situation.
There was some discussion by the Council on the proposed off-streetparking area,which is largeenough
for6 to 8 parking spaces. The Council felt that a turnaround area should be providedso that carswould
J notbe backing out into traffic on Olive Street.
ActionTaken:Mr.Reese moved thatthe first reading ofthe ordinancebe adopted and the Findings of Fact
be accepted,seconded by Mr.Biallas,and passed unanimously.
RESOLUTION -REQUEST TO BUILD ON UNPLATTED PROPERTY -BEAMAN AND ROSE
A resolution was presented which would allow Gordon Beaman and Ken Roseto erecta signon unplatted
property,Tax #10159, located at the corner of Schnierla and W.Broadway.The Planning Commission
recommended that the request be granted.
The resolution allowing GordonBeamanto build on unplatted property was readby title only.
ActionTaken:Mr.Biallas moved that the resolution be adopted,seconded by Mr.Chandler,and passed
unanimously.
RESOLUTION -REQUEST TO BUILD ON UNPLATTED PROPERTY -HOGUE
A resolution was presentedwhichwouldallow Clifford Hogueto build on unplatted property,Tax #1777A
andTax#3567, locatedat 2133 Peninsula Drive.The Planning Commission recommendedthatthe request
be granted.
The resolution allowing Clifford Hogue to build on unplatted property was read by title only.
Action Taken:Mr.Biallas moved thatthe resolution be adopted,secondedby mr.Chandler,and passed
unanimously.
GARBE MOTORS -PORTABLE SIGN ON CITY RIGHT-OF-WAY
Kerry Garbe ofGarbe Motors located at 704 West Third hasrequested hebe allowed to retain an existing
permanent portable sign on city right-of-way in front ofhis business.The sign islocated in the planter strip
behindthe curb. The sign is not lighted.The areais zoned C-2,General Commercial and Business. The
sign would be within the permitted square footage.The Planning Commission granted a conditional use
permit for the sign,contingent upon the permission ofthe Council to place the sign on city right-of-way.
The Commission also recommended that the sign be removed when the sidewalk isimproved.
Mr.Biallas stated that heisopposed to signs being placed on city right-of-way.He pointed out that there
isa sign across the street that is placed on-site instead ofcity right-of-way.He felt the signs on city right-
of-way are inconsistent with the beautification project taking place in the city.
Mr.Chandler agreed with Mr.Biallas.He felt the signs were getting out ofhand and has tostop somewhere.
Mr.Reese pointed out that the signs are proliferating and while some ofthesigns are done right and look
nice,some of them do not.
Action Taken:Mr.Biallas moved that the request bedenied,seconded by Mr.Chandler,and failed with Mr.Biallas and Mr.Chandler in favor and Mr.Rimple,Mr.Frederickson,and Mr.Reese opposed.
Action Taken:Mr.Frederickson moved that the request beg ranted,seconded bymr.Reese and failed with
Mr.Rimple,Mr.Frederickson,and Mr.Reese in favor and Mr.Chandler and Mr.Biallas opposed.The motion
failed as it requires four affirmative votesto pasa motion.
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATIONS -None
IX.COUNCIL QUESTIONS AND COMMENTS -None
X.CITY MANAGER REPORTS AND COMMENTS -Nona
The regular meeting was adjourned at 9:45 p.m.
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//J 6 A
J0£O
BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF HOPKINS PARTNERSHIP )NO.ZC - 89-4
ZONE CHANGE
FINDINGS OF FACT,CONCLUSIONS,
AND DECISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date.A public hearing was held upon proper notice before the
Commission on August 24,1989.
1.2 Proponent.Hopkins Partnership is the proponent of this zone
change.
1.3 Purpose.The proponent has requested a zone change of property
legally described as Tax #3380 from R-2,Multi-family Residential
to C-2,General Commercial and Business.
1.4 Evidence.The Commission considered the following materials in
reaching its decision.
A.The application of the proponent for the zone change.
B.Letter from Elwood and Betty Dart supporting the zone
change.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upon the evidence presented to them,the Planning Commission made
the following findings of fact:
2.1 The proponent is the owner of property legally described as Tax
#3380.
2.2 The property is unplatted.
2.3 Proposed zoning is consistent with adjacent zoning.
2.4 More consistent to have single zoning on a parcel of this size.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of fact the Commission made 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
Commission for its recommendation.
3.3 It is proper at this time for the Planning Commission to make a
recommendation on this rezone request.
3.4 The Planning Commission declared this rezone,if granted,to have
a non-significant adverse impact on the environment on August 24,
1989.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
rezone 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 request for a
rezone of this property from R-3 to C-2 be granted.
5. FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date.A public hearing was held upon proper notice before the
City Council on September 26,1989.
5.2 Proponent.Hopkins Partnership is the proponent of this rezone.
5.3 Purpose.The City Council considered the request for a rezone.
5.4 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.
6. FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
No further evidence was presented to the City Council.The City Council
adopts those findings of fact made previously by the Planning Commission
as its own.
7.FURTHER CONCLUSIONS OF THE CITY COUNCIL.
From the foregoing findings of fact the City Council makes the following
conclusions:
7.1 The City Council of the City of Moses Lake is vested with the ,—,
authority to make a decision on a proposed change in zoning.
7.2 The rezone request of the proponent is properly before the Council
for its decision.
7.3 It is proper at this time for the City Council to make a decision
on this rezone request.
8.DECISION OF THE CITY COUNCIL.
The City Council of the City of Moses Lake agrees with the P|-.
recommendation of the Planning Commission and grants the zone change UJ
request.C—
roApprovedbytheMayoronSeptember26,1989 |_l
4^o.
R.Wayne Rf5-^"^*