Loading...
1980 12 093067 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING - REGULAR MEETING December 9, 1980 POLICE/COUNCIL FACILITY 8 p.m. Members Present:Barry Ziegler,Bob Hill,Charles Edwards,Steve Shinn,Harvey Vernier,Don Swanson,and Norm Johnson The meeting was called to order at 8 p.m.by Mayor Robert Hill. Mr.Johnson moved that the minutes of the meeting of November 25 be approved as submitted,seconded by Mr.Shinh,and passed unanimously. Mr.Ziegler moved that the minutes of the meeting of December 1 be approved as submitted,seconded by Mr.Edwards,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $30,142.48 STREET 4,145.56 BLOCK GRANT 3,939.84 FEDERAL SHARED REVENUE 514.57 WATER/SEWER 2,388.57 SANITATION 24,619.61 WATER/SEWER CONSTRUCTION 640.50 EQUIPMENT RENTAL 1,882.10 FIREMENS PENSION 750.00 LID #44 2.80 LID #45 9.80 LID #46 21.00 LID #47 9.80 TOTAL $69,066.63 Mr.Edwards moved that the bills be approved as submitted,seconded by Mr.Johnson, and passed unanimously.Warrants in the amount of $69,066.63 were approved for payment. DISASTER BILLS $2,950.00 Mr.Edwards moved that the disaster bills be approved as submitted,seconded by Mr. Johnson,and passed unanimously.Warrants in the amount of $2,950.00 were approved for payment. CERTIFICATE OF COMPETENCY A letter was read from Lloyd Taylor,Secretary,Wastewater Board of Certification /^J^ of the Department of Ecology,which stated that Tim Varney has successfully passed the written examination which qualifies him for a Group I rating. The Mayor presented the certificate to Mr.Varney. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS None 3068 CITY COUNCIL MINUTES:2 December 9,1980 / IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS PUBLIC HEARING -ORDINANCE -REZONE REQUEST -MAIERS -2ND READING A letter was read from Shirley Kvamme,Planning Commission Chairman,which presented a rezone request from Pamp Maiers for his property located at the southwest corner of the intersection of Clover Drive Extended and Kittelson Road.Mr.Maiers is requesting that his property be rezoned from Agriculture to C-2,Limited Commercial. Joseph K.Gavinski,City Manager,indicated that Findings of Fact to date and which were submitted to Council,should be considered when the Council makes its decision. The public hearing was opened.There were no comments,so the public response was closed. Mr.Edwards moved that the public hearing be closed,seconded by Mr.Ziegler,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.Shinn moved that the second reading of the ordinance be adopted and the Findings of Facts,as submitted to date,be included,seconded by Mr.Swanson,and passed with Mr.Vernier abstaining. i)\PUBLIC HEARING -FUND TRANSFER -FEDERAL REVENUE SHARING A letter was read from Joseph K.Gavinski,City Manager,which requested that the unused 1980 federal Revenue Sharing funds be used in 1981 for general operational purposes.He also requested that the Municipal Building Reserve fund be used for general operational purposes as it was built with federal Revenue Sharing monies. The public hearing was opened.There were no comments,so the public response was closed. Mr.Edwards moved that the public hearing be closed,seconded by Mr.Shinn,and passed unanimously. Mr.Hill stated that another public hearing on this matter would be held on December 23. n,PUBLIC HEARING -FINAL ASSESSMENT ROLL -LID 48 1 A letter was read from Joseph K.Gavinski,City Manager,which presented the final assessment roll on LID #48. 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.Johnson,and passed unanimously. Mr.Ziegler moved that the final assessment roll for LID 48 be approved,seconded by Mr.Johnson,and passed unanimously. V.ORDINANCES AND RESOLUTIONS .h ORDINANCE -ADOPTING 1981 BUDGET -1ST READING \or A letter was read from Joseph K.Gavinski,City Manager,which presented the ordi nance adopting the 1981 Budget. The ordinance adopting the budget for the City of Moses Lake,Washington for the year of 1981 was read by title only. Mr.Swanson moved that the first reading of the ordinance be adopted,seconded by Mr.Edwards,and passed unanimously. 3069 CITY COUNCIL MINUTES: 3 December 9, 1980 ORDINANCES - AMENDING 13.16 AND 13.12 - WATER/SEWER - 1ST READINGS /07S- A letter was read from Joseph K.Gavinski,City Manager,which presented ordinances amending Chapters 13.12 and 13.16 of the Moses Lake Municipal Code.The primary purpose of the amendments is to allow governmental agencies served by Moses Lake water/sewer and/or garbage which pay their utility bills by voucher,a one month grace period on the payment of the bills if the city has a written request for the grace period on file.Section 13.16.090 of Chapter 13.16 also reflects a change in the hydrant rental fee. j The ordinance amending Section 13.16.070 of the Moses Lake Municipal Code was read |by title only. Mr.Ziegler moved that the first reading of the ordinance be adopted,seconded by Mr.Swanson. Mr.Shinn felt that business are in the same situation as government entities. Mr.Ziegler stated that the governmental entities usually have to have their bills approved the same as the city does.He felt that other commercial enterprises could pay their bills within 40 days if they wanted to. Shirley Kvamme,3107 W.Lakeside,stated that she had been contacted by a citizen who complained about the fact that her water could be turned off because she owed 5tf in arrears on her water bill.Mrs.Kvamme stated that some people only pay even amounts in order to make it easier to balance their checkbooks and she did not feel the water should be turned off if the customer owes such a small amount. It was the consensus of the Council to discuss the utility billing procedure at this time. Mr.Gavinski showed the Council an example of a bill and explained the billing procedure.He explained that customers have 30 days to pay each bill.If it is not paid within 30 days a delinquency notice will be sent out that requires the I past due account as well as the current bill to be paid in full. (j Mr.Ken Moos objected to the wording of the ordinance as he felt it was not clear that customers had 30 days to pay their bill. Mr.Arnold Simmonds,265 Dale Road,stated that his bill is sent to Oregon and he does not receive it in time to pay it before it is delinquent.He felt that the bill should be sent to the renter if the renter will sign a statement saying he is financially responsible for the bill and the owner is agreeable. It was the decision of the Council to discuss this part of the water/sewer ordi nance under City Manager Reports and Comments. Mr.Shinn moved that both ordinances be tabled until they can be reviewed more fully,seconded by Mr.Vernier,and passed unanimously. ORDINANCE - BUS FRANCHISE //W A letter was read from Joseph K.Gavinski,City Manager,which stated that the bus franchise granted to City Bus Lines expires on 12/31/80. Ray Flagg,operator of City Bus Lines,stated that he would like to have the fran chise open so he would not have to meet another deadline as it takes a while to set up an efficient bus system. It was the consensus of the Council that no deadline date on the franchise be set. ^The ordinance of the City of Moses Lake granting a franchise to Moses Lake Cab Company d/b/a City Bus Lines for the establishment,maintenance,and operation of a motorbus transportation system in the City of Moses Lake for the transportation for hire of passengers as a common carrier and fixing the terms and conditions of such grant was read by title only. 3070 CITY COUNCIL MINUTES:4 December 9,1980 Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Swanson. There was some discussion on the proposed routes and possible fee structure and it was Mr.Flagg's request that the fees and routes be left open as he does not yet know the best routes or the amount to charge in order to run a profitable business. Mr.Hill felt that reference to both routes and fees should be deleted from the ordinance. Mr.Swanson did not feel they should be left completely out and the Council should review them every six months or so. Mr.Ziegler felt that the Council did not need to get involved in determining routes or fares.Mr.Johnson was also in agreement with Mr.Ziegler. Mr.Edwards suggested that a report be given to Council by November 30,1981 which would review the routes and fares. Mr.Ziegler stated that he was very definitely opposed to this type of review. Mr.Swanson felt that it would be of benefit to the Council to get a report on the bus service on a yearly basis including the rates and routes. The motion passed with Mr.Edwards,Mr.Vernier,Mr.Swanson,and Mr.Shinn in favor and Mr.Ziegler,Mr.Johnson,and Mr.Hill opposed. RESOLUTION -ECONOMIC DEVELOPMENT DISTRICT %J ~~ A letter was read from Joseph K.Gavinski,City Manager,which stated that the Council had requested a resolution regarding the city's membership in the recently formed Big Bend Economic Development District.This resolution indicates the city's desire to join the District,the city's approval of the Articles of Agree ment of the District,and appoints Steve Shinn as the city's representative to the District's board. Mr.Gavinski stated that he would request the first Whereas of the resolution to be changed as follows:"WHEREAS,the Big Bend Economic Development District (BBEDD) has been formed,and". Julian Agranoff,Director of the Conference of Governments,presented an informa tion sheet which briefly outlined the workings of the District.He stated that there is in existence now both the Conference of Governments and the Economic Development District and they perform two separate functions.It is the contention of the Board of Directors of the Development District that the two agencies will have to merge and will perform the same functions they are performing at this time. He stated that the District will provide an over-all economic development plan for the three county area outlining data that will be collected dealing with employment statistics,finances,bank deposits,population,etc.Priorities will be developed for each of the three counties to alleviate unemployment and low-income and perhaps providing new industry for the area. He stated that the District is funded 75%by the Economic Development Administra tion for the planning assistance portion.The technical assistance is available through the Economic Development Administration which is available to any public or private entity upon request.Project financing comes from grants and loans for public works projects and direct grants for communities and non-profit organiza tions.Business loans are long-term,low-interest loans that are available to private industry to create long-term jobs.He stated that through the auspicies of the District,communities and non-profit organizations are eligible for other areas of funding that are not available by Grant County simply being a certified re development area. The resolution approving the articles of agreement for the Big Bend Economic De velopment District was read by title only. k^ 3071 CITY COUNCIL MINUTES:5 December 9, 1980 Mr.Ziegler stated that the Articles of Agreement for the Economic Devlopment District indicates that city and county governments will be asked to increase public services and he felt that the voters had indicated in the last general election that they wished a cut back in services.He stated that the articles stated that the purpose of the District is to provide a forum for citizens and elected officials and he felt that the public hearings held by all government entities give sufficient opportunity for in-put from citizens and elected offi cials.He stated that the membership would help defray the cost of the District as determined by the Board of Directors.He stated that this Board is made up of non- elected people and the general population has very little access to them at the poll.The make-up of the Board is 21 members and three of those must be from a minority ethnic group.This make-up is being imposed by the federal government. He also stated that the board would have taxing authority. Mr.Hill stated that the board has the power to enter into contracts,purchase real property,etc.and he felt that the city would be divesting some of its rights and authority if this group were to take such action. James A.Whitaker,City Attorney,stated that the articles are conveying on the Board that power but it is not devesting the City Council of that power as it relates to the city.He also pointed out that the District has no power to re quire the city to pay any money into the District budget. Mr.Ziegler stated that he felt the Economic Development District is being pushed by the Federal Government through the Economic Development Administration and he could not see the city participating in another level of federal government red tape. Mr.Edwards felt that this would be creating another bureau and he did not favor it. Mr.Ziegler moved that the resolution be tabled,seconded by Mr.Edwards,and passed with Mr.Edwards,Mr.Ziegler,Mr.Swanson,and Mr.Johnson in favor and Mr. Hill,Mr.Shinn,and Mr.Vernier opposed. Mr.Hill stated that he was opposed to tabling as he wished to vote it down com pletely. Mr.Edwards moved that it be brought off the floor,seconded by Mr.Johnson,and passed unanimously. Mr.Edwards moved that Moses Lake go on record as not being in support of the Economic Development District,seconded by Mr.Ziegler. Mr.Shinn stated that this organization is for Grant,Adams,and Lincoln counties to help develop an economic base.This will be a public works orientated type of program and the city has received funds for projects because Moses Lake is in an economic development district.He stated that the District would be looking at the problems of the three counties as a whole and the city would not have to contribute to the District as far as dollars if they did not choose to. Mr.Shinn stated that the 14%minority representation on the board is required by the federal guidelines and the other members are elected officials in their re spective cities and/or counties. Mr.Ziegler pointed out that even though these people are elected to their offices, they are appointed to this board.Mr.Shinn stated that they are elected by their respective boards to represent them on the Economic Development District board. Mr.Shinn stated that he felt the Economic Development District would be the answer after COG and that another entity is not being formed since the EDD will take over for COG. Mr.Vernier felt that the Council should look at it not as a burden but as an opportunity by which the city may benefit. 3072 CITY COUNCIL MINUTES:6 December 9,1980 The resolution approving the articles of agreement for the Big Bend Economic Devel opment District was read by title only. The motion passed with Mr.Swanson,Mr.Ziegler,Mr.Hill,Mr.Edwards,and Mr. Johnson in favor and Mr.Vernier and Mr.Shinn opposed. jO.RESOLUTION -FINAL ASSESSMENT ROLL -LID 43 A letter was read from Robert Townsend,Public Works Director,which presented a resolution setting a public hearing date for the final assessment roll for LID #43. The resolution of the City Council of the City of Moses Lake,Washington,estab lishing a hearing assessment roll for the Local Improvement District No.43 fixing the time and place for hearing upon said roll and providing for the giving of notice in the matter provided by law was read by title only. Mr.Edwards moved that the resolution be adopted,seconded by Mr.Swanson,and passed with Mr.Ziegler abstaining. VI..REQUESTS TO CALL FOR BIDS (,BLOCK GRANT -STREET CONSTRUCTION FOR 1981 -HUD A letter was read from Robert Townsend,Public Works Director,which requested Council authorization to advertise for bids for the installation of the underground water and sewer main extensions,side laterals,and storm drains on streets to be constructed with HUD funds in 1981. Mr.Shinn moved that staff be authorized to call for bids,seconded by Mr.Ziegler, and passed unanimously. VII.REFERRALS FROM COMMISSIONS None VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION ,A TAXICAB ORDINANCE A letter was read from Joseph K.Gavinski,City Manager,which stated that Mr.Ray Flagg,owner of Moses Lake Cab Company,has indicated that he objects to the license fees set out in the ordinance.He believes that he should pay a flat license fee similar to other businesses in the city. Mr.Gavinski stated that Mr.Flagg objects to having to pay the fee for the intial taxicab at the $20 and the additional taxicabs at $10.Upon review of the ordi nance,it was found that,in terms of Mr.Flagg's bus franchise,the vans he has would also be taxed in terms of the license fee since they come within the defini tion of a vehicle for hire.He also objects to the $15 fee when each driver is licensed.This fee being charged when the license is issued for the first time. It was determined that under the taxicab ordinance Mr.Flagg would have to pay $70 for his taxicabs and his vans and $225 for the drivers.In essense Mr.Flagg is objecting to paying the $295 as opposed to a business license fee of $35. Mr.Gavinski pointed out that the ordinance allows anyone to operate a taxicab but there are controls within the ordinance which require that the number of licenses which are issued are determined by the need within the city.He pointed out that this does not grant a franchise,which Mr.Flagg would like to see,as opposed to this type of an ordinance. Mr.Gavinski pointed out that the sections Mr.Flagg is objecting to were not changed when the ordinance was re-drafted. ((/ 3073 CITY COUNCIL MINUTES:7 December 9,1980 Mr.Flagg stated that it was his belief when he bought the cab company that it was a business operating in the city under a franchise.He felt that the language in the ordinance lends itself to a franchise and the only thing left out was the word franchise.He stated that it restricts how many vehicles he can put on the streets. He stated that in the past he has only paid $35 and he felt the franchise also got lost somewhere. Mr.Flagg proposed that the ordinance be rewritten and he be allowed to have in-put into it as he felt it was open to different interpretation by different people.He also pointed out that he could not be in service 24 hours a day and that he has been paying only $3 to license the drivers. Mr.Gavinski stated that the 24 hour service was contained in the previous ordi nance and was kept in the new one but that there is a provision that it can be changed by passage of a resolution by Council. James A Whitaker,City Attorney,stated that back in the early part of 1970,when the ordinance was first contemplated,there was considerable concern by citizens that there was no reliable 24-hour service and this was the reason it was incor porated into the ordinance. Mr.Vernier suggested that the fee schedule be amended to read $35 and it would not preclude consideration of the ordinance at a later date. Mr.Swanson stated that he was in agreement with the $35 business license and dropping the license on the cabs but felt that the drivers should be licensed and the $15 fee paid.He also felt the 24-hour service should remain. Mr.Swanson moved that Section 5.40.110 be amended to set a $35 business license and a taxicab driver's license fee of $5,seconded by Mr.Ziegler,and passed with Mr.Edwards and Mr.Shinn opposed. Mr.Edwards stated that he was opposed to the motion as he felt Mr.Flagg should be able to cut off his service at a time when it becomes uneconomical. JOB CORPS JSO 7 A letter was read from Ronald G.Robertson,Director of the Job Corps,which stated there are two major changes occuring in the Job Corps program.These changes are 1)change in geographic area of student assignment and 2)changing from an all male to a limited co-education training program.Effective October 1,1980 the Columbia Basin Job Corps Center began recruiting students from the Pacific Northwest and during the next year approximately 30 females will be added to the program.Mr. Robertson requested that if the Council had no objections to the program changes that an endorsement or resolution be so issued. There was some discussion by Council on whether a letter of endorsement should be issued or a resolution.It was pointed out that in the 1960's there were many problems with the Women's Job Corps. Mr.Hill stated that if a letter of endorsement or a resolution were issued that it also state that if problems arise that the city would withdraw any support from the program. Mr.Swanson pointed out that this is a new program and he would hate to see it put in that light.He stated that he would like to have it worded that the city is looking forward to working with the Job Corps on this program. Mr.Ziegler moved that a resolution be drawn up stating that the City Council has no objections to this program by the Job Corps,seconded by Mr.Johnson,and passed unanimously. 3074 CITY COUNCIL MINUTES:8 December 9,1980 IX.COUNCIL QUESTIONS AND COMMENTS SNOW REMOVAL A ;— I'Arnold Simmonds,265 N.Dale Road,wanted to know why the roads were not sanded until Monday when the snow fell Friday night. Joseph K.Gavinski,City Manager,explained that the city has very little money for over-time pay and only a minimal amount for street work.He explained that if work is done at this time there will be no funds for snow removal during the heavy snow fall later in the year. Mr.Shinn wanted to know if it would be possible to have a sander start working at 7 a.m.on week days in order to sand the major intersections and Alder Street Fill when it is icy or snowing.Mr.Gavinski stated that the city would look into it. X.CITY MANAGER REPORTS AND COMMENTS a UTILITY TAX -JOB CORPS Joseph K.Gavinski,City Manager,stated that the city had been contacted by the Job Corps concerning the 8%tax on the utility bills and they had agreed to pay the tax. He stated that the Housing Authority still maintains that they are exempt from the 8%tax and this issue might affect the entire area. UNITED PACIFIC BONDS -SAGE HEIGHTS DIVISION 1 Joseph K.Gavinski,City Manager,stated that at the last Council meeting the Council had directed the city to refuse bonds from United Pacific because of the problems concerning Sage Heights Subdivision 1. James A.Whitaker,City Attorney,stated that the Council is the one that deter mines which bonds will be accepted or not accepted and this acceptance or non- acceptance must be in the form of a motion. Mr.Whitaker stated that the bond on Sage Heights Subdivision No.1 was required by state law and by city ordinance.He stated that the city has received a letter from the bond department of United Pacific which claims that nothing can be done because of the weather and also challenges the Public Works Department cost figures for the work remaining to be completed.They also claim that these items do not need to be done to complete the project but constitute what would normally be considered a punch list or clean-up items.He stated that the city does not accept projects just because they have a few punch list problems in the nature of entire streets that need to be re-paved or the paving corrected and catch basins repaired. Mr.Gavinski stated that the city had received a letter from Vesta Development requesting an additional extension on the bond.He stated that the bond has expired. He stated that the Council must decide whether or not to accept United Pacific bonds on the basis indicated by Mr.Whitaker and whether or not to proceed with the law suit against United Pacific.He stated that,as a practical matter,by the time the law suit is determined and the city receives the money the improvements will probably already be in.The Council also has the option of considering an extension of this bond. Mr.Clint Berg,Vesta Development,stated that he had requested a one year exten sion and had been under the impression that the bond had been extended for one year. Mr.Whitaker pointed out that the Council only extended the bond to November. V—J 3075 CITY COUNCIL MINUTES:9 December 9, 1980 Mr.Berg stated that the work to be done on the street is to be done by McAtee and Heathe and this project is a very low priority for him.He also stated that Mr. McAtee has proposed a less expensive method for fixing the road and he requested that it be looked at.He stated that Mr.McLanahan had informed Mr.McAtee that he could try it at his own risk but that he might have to put on a one inch overlay. He stated that he has no way of doing the paving except through McAtee &Heathe and both the monuments and repair of the catch basin should be done at the final paving. There was some discussion by Council on whether or not to extend the bond and also accept future bonds from United Pacific. Mr.Ziegler moved that Vesta Development be granted an extension to June 1,1981 with the provision that this not to be considered a precedent,the city is finan cially covered for this work,and the city does not waive its legal rights,seconded by Mr.Swanson. Mr.Shinn stated that when the bond was extended it was with the understanding that the work would be done and the project completed and this information was available to all concerned and he was not in favor of this extension. The motion passed with Mr.Shinn opposed. Mr.Whitaker stated that United Pacific is a very large bonding company for these types of bonds and suggested that the city contact them and give them the opportun ity to appear at the December 23 Council meeting and explain to the Council their position. Mr.Ziegler stated that he was concerned about United Pacific's attitude as pre sented in their letter of December 5 addressed to the City Council and City Attorney. Mr.Ziegler moved that the City Council not accept any United Pacific bonds pending United Pacific coming to the City Council and explaining their position,seconded by Mr.Hi 11. Mr. Whitaker stated that United Pacific will have to issue a new bond which will expire on June 1 because the old bond has lapsed. Mr.Ziegler stated that the Council had directed the City Manager to request the bonded amount from United Pacific for completion of the work on Sage Heights Divi sion No.1 and the bonding company stated they would not pay it.He felt the Council would be derelict in its duty to the citizens of Moses Lake to continue to accept bonds from this company. Mr.Shinn wanted to know if the city had to accept a bond from United Pacific on this development.Mr.Whitaker stated that the city does not have to accept a bond from United Pacific but if United Pacific issues a new bond,which they should since Mr.Berg has paid the premium,he would recommend the city accept it. The motion failed with Mr.Ziegler and Mr.Hill in favor and Mr.Swanson,Mr. Edwards,Mr.Shinn,Mr.Johnson,and Mr.Vernier opposed. Mr.Shinn moved that United Pacific be invited to be present at a Council meeting in the near future to explain their position,seconded by Mr.Hill,and passed with Mr.Ziegler opposed. UTILITY BILLINGS Joseph K.Gavinski,City Manager,stated that part of this problem has been ex-/c^°^ plained to Council.He stated that the ordinance requires the city to shut off the service if the bill is delinquent more than 40 days.He suggested that perhaps if the delinquent part of the bill is under a certain amount that it not be shut off. He stated that there has been quite a drop in the city's accounts receivable.He stated that last year there were about $76,000 in accounts receivable and this year the city has about $57,000 in accounts receivable.This has helped to improve the city's financial situation. |C0 3076 CITY COUNCIL MINUTES:10 December 9,1980 Mr.Gavinski also explained that the time lapse between when the meters are read and when the bill is sent is because of the variance process whereby the city attempts to catch any errors in the billings before they are sent out. A letter was read from Ken Moos which presented his objections to the ordinance as wri tten. There was some discussion by Council and it was suggested that if an arrears is under $10.00 that it not be shut off and that a study session be set to discuss the ordinance.Mr.Whitaker pointed out that the enforcement portion of the ordinance was not changed or amended when the new ordinance was passed. Mr.Edwards moved that until the ordinance is amended that the $15 re-connect charge be waived,that a reasonable effort be made to contact the home owner before the water is shut off,and that under no circumstances is an account to be more than 60 days delinquent,seconded by Mr.Vernier,and passed unanimously. STUDY SESSIONS Mr.Hill stated that a study session has been set for January 6 at 8 p.m.in the Council Chambers to discuss the Comprehensive Plan and the Municipal Court. A study session was set for January 20 to discuss the utility ordinance. u»FINANCE DIRECTOR Joseph K.Gavinski,City Manager,stated that Walter Fry has been chosen as the city's new Finance Director. The Council recessed to an executive session at 11:30 p.m.to discuss real estate purchases.The executive session concluded at 12:10 a.m.and the regular meetinq was adjourned at 12:10 a.m. City Clerk C\^ Robert E.Hill,Mayor ATTEST: In the Matter of: BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON Rezoning Request of Pamp Maiers )Findings of Fact,Conclusions, )and Decision ) This matter,having come on before the Moses Lake City Council for action on \\the 9th day of December,1980,now makes the following: kj FINDINGS OF FACT 1.Mr.Pamp Maiers owns approximately 7.5 acres of land between Kittleson Road and Interstate 90 in the City of Moses Lake legally described as that portion of the NE%of the NE%of Section 35,Township 19 N.,R28 EWM,lying northerly of that right-of-way line drawn parallel with and 100 feet northeasterly when measured at right angles,from the survey line of State Highway Route No.90, Moses Lake East,except existing road. 2.The approximate 7.5 acres of land owned by Pamp Maiers is presently zoned Ag, Agriculture,and Mr.Maiers has requested that the land be rezoned C-2,Limited Commercial,with the intent of relocating his company,North Central Construc tion, to this site. 3.The land in question was previously owned by the State of Washington,Depart ment of Transportation,for its use as a gravel pit.The state discontinued use of this site and quit claimed the above described property to Mr.Maiers on September 15,1980. 4.The area to the north (and west of Clover Drive)is presently zoned Ag,Agri culture;to the west and east is zoned Ag,Agriculture;to the northeast is zoned C-4,Tourist Commercial. LJ t > 5.The proposed rezone is consistent with the city's proposed Comprehensive Plan for this area. 6.A public hearing before the Moses Lake Planning Commission scheduled upon notice on the issue of rezoning the land in question was held November 13, 1980. 7.There were no comments from the public. 8.The Planning Commission approved the zone change request at their November 13, 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. <J () 2.There appears,after the public hearing before the City Council on the issue of re-zoning the land owned by Pamp Maiers,no opposition to re-zoning the said land from Ag,AGriculture to C-2,Limited Commercial. 3.Since the area is designated commerical in the city's proposed Comprehensive Plan 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 Mr.Pamp Maiers from Ag,Agriculture to C-2,Limited Commercial,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 7.5 acres of land owned by Mr.Pamp Maiers which is legally described in the herein Findings of Fact and which is presently zoned Ag, Agriculture,is hereby re-zoned C-2,Limited Commercial. 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 15th day of December,1980 with the necessary ordinance being passed December 9,1980. CITY OF MOSES LAKE lilt,Mayor