1980 09 23U=J
.3033
CITY OF MOSES LAKE
MOSES LAKE,WASHINGTON
CITY COUNCIL MEETING -REGULAR MEETING September 23,1980
POLICE/COUNCIL FACILITY 8 p.m.
Members Present:Barry Ziegler,Bob Hill,Charles Edwards,Steve Shinn,Harvey
Vernier,and Don Swanson
Absent:Norm Johnson
The meeting was called to order at 8 p.m.by Mayor Robert Hill.
Mr.Edwards moved that the minutes of the meeting of September 9 be approved as
submitted,seconded by Mr.Swanson,and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL $15,327.03
STREET 925.33
ARTERIAL STREET 27,326.48
BLOCK GRANT 8,447.13
UCI 154.77
FEDERAL SHARED REVENUE 484.87
CONVENTION CENTER RESERVE 667.85
STREET OVERLAY 13,968.00
WATER/SEWER 9,157.86
SANITATION 6,827.53
WATER/SEWER CONSTRUCTION 6,926.25
EQUIPMENT RENTAL 5,229.78
LID #43 161.06
TOTAL $95,603.94
Mr.Ziegler moved that the bills be approved as submitted,seconded by Mr.Edwards,
and passed with Mr.Shinn abstaining on those bills to Myron Jackson and Nickel
Saver.
DISASTER BILLS $12,056.91
Mr.Edwards moved that the disaster bills be approved as submitted,seconded by Mr.
Shinn,and passed unanimously.
I.CITIZEN INPUT
None
II.CONSENT AGENDA
None
III.CONSIDERATION OF BIDS
WELL #24
A letter was read from Robert Townsend,Public Works Director,which recommended ^°9
that the bid for drilling Well 24 be awarded to Leach Well Drilling,Inc.for$184,065.y
Mr.Swanson moved that the bid be awarded to Leach Well Drilling,Inc.,seconded by
Mr.Ziegler,and passed unanimously.
BLOCK GRANT -HOUSING REHABILITATION
Aletter was read from Dean Hagerty,Chairman of the Community Development Block ^^
Grant Citizens Advisory Committee,which recommended that Job 022-ET be awarded to
Black Owl Construction in the amount of $8,583.75 and Job 029-ST be awarded to Leo
Reichlin Contracting in the amount of $4,835.
Mr.Edwards moved that the bids be awarded according to staff recommendation,
seconded by Mr.Shinn,and passed unanimously.
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CITY COUNCIL MINUTES:2 September 23,1980
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IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
COMMUNICATION -PUBLIC RESTROOMS &SHOWERS -COMMUNITY SERVICES
A letter was read from Phyllis Moos,Community Services of Moses Lake,Inc.,which
stated that there was a need for public restrooms and showers in the city.
Joseph K.Gavinski,City Manager,stated that the Truck Stop is a place where
showers can be had for approximately a $1 fee and he would so inform Ms.Moos.
Mr.Hill stated that public showers in other cities he has seen have been in very
sad shape due to vandalism.Mr.Ziegler pointed out that every motel and hotel in
town has showers as well as the camping facilities.
PUBLIC HEARING -ORDINANCE - RE-ZONE - PUD - 2ND READING
A letter was read from Shirley Kvamme,Planning Commission Chairman,which stated
that the Planning Commission recommended that the zone change request from the PUD
be approved.They are requesting that Lot 2 of Municipal Tract #4,Tax #1782 and
portions of Tax #7493 be rezoned from R-3,Multi-family Residential,to Public.
This site is the proposed location for the new Peninsula Substation.
Rita Perstac,Community Development Director,presented a statement of Findings of
Facts for this proposed zone change.
The public hearing was opened.There were no comments,so the public response was
closed.
Mr.Swanson moved that the public hearing be closed,seconded by Mr.Edwards,and
passed unanimously.
The ordinance amending Section 18.09.020 of Chapter 18 of the Moses Lake Municipal
Code entitled Zoning was read by title only.
Mr.Swanson moved that the second reading of the ordinance be adopted,seconded by
Mr.Edwards,and passed with Mr.Vernier abstaining.
PUBLIC HEARING -ORDINANCE -RE-ZONE -CITY - 2ND READING
^A letter was read from Shirley Kvamme,Planning Commission Chairman,which stated
•that the Planning Commission recommended that the zone change request from the city
be approved.The city is requesting that Lot 1 of Municipal Tract #4 be re-zoned
from existing R-3,Multi-family,to Public.This is the site of the existing city
Well #10.
Rita Perstac,Community Development Director,presented a statement of Findings of
Facts for this proposed zone change.
The public hearing was opened.There were no comments,so the public response was
closed.
Mr.Swanson moved that the public hearing be closed,seconded by Mr.Shinn,and
passed unanimously.
The ordinance amending Section 18.09.020 of Chapter 18 of the Moses Lake Municipal
Code entitled Zoning was read by title only.
Mr.Ziegler moved that the second reading of the ordinance be adopted,seconded by
Mr.Shinn,and passed unanimously.
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CITY COUNCIL MINUTES:3 September 23,1980
V.ORDINANCES AND RESOLUTIONS
ORDINANCE - 1981 TAX LEVY -1ST READING
A letter was read from Robert Gazewood,Finance Director,which presented an ordi
nance which sets the estimated property tax rate for the 1981 year.He requested
that the meeting be continued to pass the second reading of the ordinance.
Mr.Hill pointed out that an ordinance of this nature cannot be passed at a special
meeting so this meeting will be continued to Wednesday,September 24,at 9:30 a.m.
for passage of the second reading of the ordinance.
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 the year of 1981 was read by title only.
Mr.Ziegler moved that the first reading of the ordinance be adopted,and the
second reading be adopted at the continued public hearing set for Wednesday,Sep
tember 24,at 9:30 a.m.,seconded by Mr.Swanson,and passed unanimously.
ORDINANCE - LID 37 ET AL BONDS -1ST READING
A letter was read from Robert Gazewood,Finance Director,which presented an ordi
nance authorizing the sale of LID 37 et al bonds by Seattle-Northwest Securities in
the amount of $191,424.85.A continued meeting should be scheduled no later than
September 30 for the second reading of the ordinance.
Mr.Hill stated that the second reading of this ordinance would also be considered
at the continued Council meeting on September 24,at 9:30 a.m.
The ordinance establishing Consolidated Local Improvement District No.37 et al and
consolidating Local Improvement Fund District No.37 et al fixing the amount,form,
date,interest rate,maturity,and demoninations of Consolidated Local Improvement
District No.37 et al bonds and the interest coupons to be attached thereto and
providing for the sale and delivery thereof to Seattle-Northwest Securities,
Corporation of Seattle,Washington was read by title only.
Mr.Edwards moved that the first reading of the ordinance be adopted,and the
second reading be adopted at the continued public hearing set for Wednesday,
September 24,at 9:30 a.m.,seconded by Mr.Shinn,and passed with Mr.Ziegler
abstaining.
RESOLUTION -VACATION OF RIGHT-OF-WAY
A letter was read from Joseph K.Gavinski,City Manager,which stated that Jack
Cronkhite,Ruben Edinger,and the City of Moses Lake have signed a petition request
ing that the 20 foot right-of-way adjacent to the southwest boundary of Lots 1 and
2 of Municipal Tract #4 be vacated.
The resolution initiating the procedure for vacating the twenty foot public right-
of-way adjacent to the southwest boundary of Lots 1 and 2 of Municipal Tract #4 was
read by title only.
Mr.Swanson moved that the resolution be adopted,seconded by Mr.Ziegler,and
passed uannimously.
RESOLUTION -PAWNBROKERS LICENSE
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/0&sAletterwasreadfromJosephK.Gavinski,City Manager,which stated that the city
has received an application from Ken and Dolores Warehouse for a pawnbrokers license
to operate the Two Norwegians.The Police Department has no objection to the
granting of a pawnbrokers licnese to Ken and Dolores Warehouse.
The resolution directing issuance of a pawnbrokers license to Ken and Dolores
Warehouse was read by title only.
Mr.Ziegler moved that the resolution be adopted,seconded by Mr.Shinn,and passed
unanimously.
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CITY COUNCIL MINUTES:4 September 23,1980
VI. REQUESTS TO CALL FOR BIDS
BLOCK GRANT - JOB 030-NI
V A letter was read from Dean Hagerty,Citizens Advisory Committee Chairman,which
requested authorization to advertise for bids for Job 030-NI.
Mr.Ziegler moved that staff be authorized to call for bids,seconded by Mr.Vernier,
and passed unanimously.
VII.REFERRALS FROM COMMISSIONS
LAKESHORE ESTATES NO.1 - BOND EXTENSION
A letter was read from Rita Perstac,Community Development Director,which stated
that Steve Kalamakis has requested a one year extention on his bond for Lakeshore
Estates No.1.This bond is to cover the cost of completing all minimum street
improvements on his lot.
A letter was read from Steve Kalamakis which requested a one year extension of his
bond for Lakeshore Estates No. 1.
Mr.Swanson moved that the one year extension be granted to September 24,1981,
seconded by Mr.Edwards,and passed unanimously.
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
.^fc APPROVAL OF CONTRACT -COMPUTER USE -MOSES LAKE SCHOOL DISTRICT
A letter was read from Joseph K.Gavinski,City Manager,which presented a contract
between the City of Moses Lake and the Moses Lake School District 161 to allow the
district to use the city's computer system by terminal access located on the
district's premises with the use of modems.
Mr.Edwards moved that the City Manager be authorized to execute the contract,
seconded by Mr.Shinn,and passed unanimously.
IX.COUNCIL QUESTIONS AND COMMENTS
None
X.CITY MANAGER REPORTS AND COMMENTS
PUBLIC AUCTION
Joseph K.Gavinski,City Manager,stated that no results have been received as yet
from the auction that was held.
ASH PILES
Joseph K.Gavinski,City Manager,stated that he has received a report from George
Maddox on the stabilization of the ash piles.This report was prepared primarily
at the insistence of Milwaukee Road as they wanted to know what could be done to
put their property in as good a condition as it was prior to the city's using it
for disposition of the ash.A copy was sent to Pierce Davis in Seattle but the
city has not received any comments back yet.
He stated that he met with John Biggs on the problem of stabilizing the ash piles
and he is sympathetic to the city's problems.He stated that he had been in contact
with Senator Magnuson's office in Spokane and was informed that progress is being
made with the regional director of FEMA concerning the city's proposal for stabili
zation of the ash piles.
He stated that John Biggs is attempting to put a meeting together with Neale Chaney,
FEMA Regional Director,in the near future.
Mr.Gavinski stated that the city has received $573,000 from FEMA to date.
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CITY COUNCIL MINUTES:5
3037
September 23,1980
JAL
Joseph K.Gavinski,City Manager,stated that Japan Air Lines is having its annual
flight on October 10,1980 from 9:30 to 10:30 a.m.and there are 10 seats available.
JOB CORPS
Joseph K.Gavinski,City Manager,stated that the Job Corps has invited the Mayor
and City Council to attend a luncheon on October 9,1980 at 12 noon which is spon
sored by the Job Corps Community Relations Council.
CENSUS
Joseph K.Gavinski,City Manager,stated that the population of the city is now A
officially 10,352.Robert W.Gazewood,Finance Director,gave a report on state
shared revenues as related to population.The City Council accepted the 10,352
census figure so there will be no special census necessary.
NUISANCE ORDINANCE
Jim Whitaker,City Attorney,stated that he understood the Council had requested
information on whether the existing nuisance ordinances would allow a comprehensive
ash abatement procedure for the commercial area of the city.He stated that they
would not.
RAILROADS
There was some discussion on the need for repair of the railroad crossings on West
Broadway and Highway 17.It was pointed out that the city's only recourse was to
take the railroad to court to try to force them to repair or remove the tracks.No
action was taken concerning a possible lawsuit at this time.
The Council adjourned to an executive session to discuss real estate purchases.
The executive session was adjourned at 11 p.m.The Council meeting was continued
until 9:30 a.m.,September 24,1980,for the consideration of Ordinance No.967,
LID #37,et.al.,and Ordinance No.969,Fixing Tax Levy.
ATTEST:
Robert E.Hill,Mayor
City Clerk
In the Matter of:
BEFORE THE CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
Rezoning Request of Public )Findings of Fact,Conclusions,
Utility District of Grant County )and Decision
)
(j This matter,having come on before the Moses Lake City Council for action on
[|the 23rd day of September,1980,now makes the following:
FINDINGS OF FACT
1.On July 18,1980 a zone change request was filed by the following property
owners for the described property:
City of Moses Lake:All of Lot 2 and the twenty foot wide strip of public
right-of-way on the southwesterly boundary of Lot 2 of Municipal Tract #4.
Ruben Edinger:A portion of Tax #7493 bordering Lot 2.
PUD of Grant County:A portion of Tax #1782 that is adjacent to Lots 1 and 2
of Municipal Tract #4 and adjacent to Tax #7493.
2.The PUD purchased from Jack Cronkhite that portion of Tax #1782 on July 9,
1980.
3.The PUD has acquired the portion of Tax #7493 in a property trade with Ruben
Edinger.
4.The PUD acquired Lot 2 of Municipal Tract #4 from the City of Moses Lake
through Resolution #1039,September 9,1980,declaring Lot 2 as surplus and
authorizing its sale to the PUD.
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j j 5.Jack Cronkhite,Ruben Edinger and the City of Moses Lake have signed a petition
{requesting that the 20 foot right-of-way adjacent to the southwest boundary of
O1 Lots 1 and 2 of Municipal Tract #4 be vacated.
6.The Planning Commission,at their September 11,1980 meeting,conducted a
public hearing after which they recommended that the vacation request be
approved and forwarded to the City Council for their September 23 meeting.
7.The PUD submitted a preliminary short plat to the city for the above described
property on August 28,1980.This plat consists of .8693 acres (37,868 sq.
feet).
8.Municipal Tract #4 was platted in 1970 and has not been re-subdivided since
that date.The Moses Lake Subdivision Code,Section 17.12.020 allows for a
short replat of land if the land has not been previously divided in a short
subdivision within the last five years.
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9.The area immediately to the east,south,and west of this proposed re-zone is
presently zoned R-3,Multi-family.To the north is zoned C-2,Limited Commer
cial .
10.The PUD is proposing to utilize the above described property as the site for
the new Peninsula Substation.
11.The Planning Commission,at their July 24,1980 regular meeting,reviewed the
Environmental Checklist for this proposed substation and found the substation
to have a non-significant impact on the environment.
12.A public hearing before the Moses Lake Planning Commission scheduled upon
notice on the issue of re-zoning the land in question was held August 28,
1980.
13.There were no comments from the public.
14.The Planning Commission approved the zone change request at their August 28,
1980 meeting and forwarded their recommendation to the City Council.
CONCLUSIONS
1.The City Council of the City of Moses Lake is vested with the authority and
has the jurisdiction under the law to entertain and grant a request to re-zone
land within the city's corporate limits if the criterion required by law is
met.
2.There appears,after the public hearing before the City Council on the issue
of re-zoning the land owned by the City of Moses Lake,Ruben Edinger,and the
PUD of Grant County,no opposition to re-zoning the said land from R-3,Multi-
family to P,Public.
3.Since the area is the proposed site of the new PUD Peninsula Substation and
the immediate area is limited commercial in nature,and since the City of
Moses Lake is cognizant of the need for the orderly development of land within
\j its corporate limits so as to serve the welfare and best interests of the
^entire community,the City Council of the City of Moses Lake believes that re-
w zoning the land owned by the City of Moses Lake,Ruben Edinger,and the PUD of
Grant County (soon to be owned in total by the PUD of Grant County),from R-3,
Multi-family Residential,to P,Public,would serve the best interests of the
residents of the City of Moses Lake and bear a substantial relationship to the
public welfare of the entire community.
DECISION
1.The approximately .8693 acres of land owned by the City of Moses Lake,Ruben
Edinger,and the PUD of Grant County (soon to be owned in total by the PUD of
Grant County)which is legally described in the herein Findings of Fact and
which is presently zoned R-3,Multi-family Residential,is hereby re-zoned P,
Public.
2.The Re-zoning of the land in question is to be or have become effective upon
passage and publication of the necessary ordinance as is required by law.
Dated this 10th day of November,jl980 with the necessary ordinance being
passed September 23,1980.!
CITY OF MOSES LAKE
•By
obert E.Hill,Mayor
In the Matter of:
BEFORE THE CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
Rezoning Request of City of )Findings of Fact,Conclusions,
Moses Lake )and Decision
)
This matter,having come on before the Moses Lake City Council for action on
j the 23rd day of September,1980,now makes the following:
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FINDINGS OF FACT
1.The City of Moses Lake purchased from Grant County in 1969 .8 acres of land
just south of Milwaukee Railroad,near the intersection of Peninsula Drive and
Pennivy.
2.The City of Moses Lake platted this land September 20,1970 as Municipal Tract
#4.This plat consisted of two lots -Lot 1 being .5 acres in size and Lot 2
being .3 acres.The existing zoning of R-3,Multi-family,remained as such on
the plat.
3.Construction of city Well #10 on Lot 1 began in 1970 and was completed in
1971.A re-zone application was not made.
4.The City of Moses Lake revised its Zoning Ordinance November 1976 and a zone
change designation for this site was not made.
5.The City of Moses Lake applied for a zone change designation in August 1980
for Lot 1 from R-3,Multi-family,to Public.Lot 2 was not included in the
city's re-zone request as negotiations were underway for the Public Utility
District of Grant County to purchase Lot 2 from the city.The PUD was proceed
ing with re-zone application for Lot 2.
\i 6.The area immediately to the east,south,and west of Lot 1 is presently zoned
t (R-3,Multi-family.To the north is zoned C-2,Limited Commercial.
7.A public hearing before the Moses Lake Planning Commission scheduled upon
notice on the issue of re-zoning the land in question was held August 28,
1980.
8.There were no comments from the public.
9.The Planning Commission approved the zone change request at their August 28,
1980 meeting and forwarded their recommendation to the City Council.
CONCLUSIONS
1.The City Council of the City of Moses Lake is vested with the authority and
has the jurisdiction under the law to entertain and grant a request to re-zone
land within the city's corporate limits if the criterion required by law is
met.
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2.There appears,after the public hearing before the City Council on the issue
of re-zoning the land owned by the City of Moses Lake,no opposition to re-
zoning the said land from R-3,Multi-family,to P,Public.
3.Since the area is presently the site of existing city Well #10,and since 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 re-zoning the land owned by the City of Moses Lake from R-3,
Multi-family,to P,Public,would serve the best interests of the residents of
the City of Moses Lake and bear a substantial relationship to the public
welfare of the entire community.
DECISION
1.The approximately .8 acres of land owned by the City of Moses Lake which is
legally described in the herein Findings of Fact and which is presently zoned
R-3,Multi-family,is hereby re-zoned P,Public.
2.The re-zoning of the land in question is to be or have become effective upon
passage and publication of the necessary ordinance as is required by Taw.
Dated this 10th day of November,1980 with the necessary ordinance being
passed September 23,1980.
CITY OF MOSES LAKE