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1981 02 103095 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR MEETING February 10 1981 POLICE/COUNCIL FACILITY 8 p.m. Members Present:Bob Hill,Charles Edwards,Steve Shinn,Harvey Vernier,Norm Johnson,and Barry Ziegler Absent:Don Swanson The meeting was called to order at 8 p.m.by Mayor Robert Hill. Mr.Johnson moved that the minutes of the meeting of January 27 be approved as submitted,seconded by Mr.Edwards,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $18,833.07 STREET 1,000.70 BLOCK GRANT 2,047.39 CONVENTION CENTER RESERVE 500.00 WATER/SEWER 9,402.19 SANITATION 19,758.05 WATER/SEWER CONSTRUCTION 267.51 EQUIPMENT RENTAL 2,020.72 FIREMENS PENSION 899.30 LID #44 70.84 LID #45 77.28 LID #47 70.84 LID #48 70.84 TOTAL $55,659.20 Mr.Edwards moved that the bills be approved as submitted,seconded by Mr.Johnson, and passed unanimously.Warrants in the amount of $55,659.20 were approved for payment. I.CITIZEN INPUT None PROCLAMATION A proclamation was read in its entirety which proclaims February 15 to 21 as Big Brothers/Big Sisters Appreciation Week. Mr.Edwards moved that the Mayor be authorized to sign the proclamation,seconded by Mr.Shinn,and passed unanimously. II.CONSENT AGENDA None III.CONSIDERATION OF BIDS None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION -SPRING FESTIVAL ^^ A letter was read from Deanna McCoy,Director of the Moses Lake Spring Festival Committee,which listed ten items concerning the Spring Festival and requesting city approval and/or participation. 3096 CITY COUNCIL MINUTES:2 February 10,1981 There was some discussion by Council on the proposal for the city to absorb the cost of temporary water hook-ups for the Festival and it was pointed out that last year the concessionairs were to hook up to the downtown merchants and negotiate with the Public Works Department on the cost,if there was a cost to the city.The question of advertising was raised and Ms.McCoy stated that the Float and Festival Committee would be advertising extensively in Moses Lake at their cost but the money received from the city would be used to advertise outside the area. Mr.Edwards moved that the Festival Committee be granted permission to use city property to conduct festival related businesses,including a carnival in McCosh Park,a 4-wheel drive mud race obstacle course on undeveloped land at Cascade Park, and a drag boat activity at Cascade Valley Park;that free swimming be authorized at Swedberg Pool;the streets be barricaded as indicated on Attachment A for a parade;the streets be barricaded as indicated on Attachment B for the operation of food concessions,a sidewalk sale,and related festival activities from 6 a.m.on Friday May 22 through 11 p.m.on Monday,May 25;and that provision be made for a fire lane,delivery truck access,refuse pick up,and emergency services,seconded by Mr.Ziegler,and passed unanimously. Mr.Ziegler moved that the city absorb as in-kind support the extra costs created by the Festival for city services such as law enforcement,street sweeping,etc. and that water hook-ups be made to existing businesses by using hose bibs with the property owner where the water is hooked-up paying for any water usage,seconded by Mr.Edwards,and passed unanimously. Mr.Shinn moved that Community Days and related activities be authorized as festival activities,insurance be provided as agreed upon by attorneys and insurance agents for the city and festival;a shuttle bus operate from outlying parking areas to the service area;and the City Council Chambers be used to conduct the award ceremony for the Grand Moonlight Parade on Saturday,May 23,seconded by Mr.Johnson,and passed unanimously. Mr.Edwards stated that money for the garbage collection is being taken from the Stadium Fund and he felt that most people who would be attending the Festival would be from the surrounding area and probably would not be staying overnight. Joseph K.Gavinski,City Manager,stated that,according to the way the resolution was written,there is $1,962.40 available for use. Mr.Edwards moved that the Festival be allowed $1,000 for advertising and the city pay no more than $800 for the garbage cost,seconded by Mr.Shinn,and passed unanimously. /COMMUNICATION -PROMOTIONAL BROCHURE A letter was read from David Bailey,Chairman of the Publications Committee for the Chamber of Commerce,which invited the city to place an ad in a brochure which is being printed by the Chamber. Mr.Bailey gave the Council some background on the proposed brochure and stated that for approximately $25,000 they could get 5,000 copies of the brochure. Mr.Ziegler moved that the city purchase a half page color ad for $795,seconded by Mr.Shinn,and passed with Mr.Hill and Mr.Edwards opposed. Mr.Edwards felt that the cost for the brochure was too much and Mr.Hill wished to go with the black and white ad. .n PUBLIC HEARING -MICHEL REZONE -ORDINANCE -2ND READING +J!t+ur n?S r-ad fr0m Wayne RimPle'Panning Commission Chairman,which statedthatthePlanningCommissionhadapprovedthezonechangerequestedbyViolaMichel She is requesting that her property of approximately 34 acres located west of Highway 17 between Kittleson Road and Interstate 90 be changed from Agriculture toC-2,Limited Commercial (25 acres)and C-4,Tourist Commercial (9 acres) _J 3097 CITY COUNCIL MINUTES:3 February 1U 1981 The public hearing was opened.There were no comments,so the public response was closed. Mr.Ziegler moved that the public hearing be closed,seconded by Mr.Johnson,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.Johnson moved that the second reading of the ordinance be adopted,the Findings of Fact,Conclusions,and Decision be attached to the minutes,seconded by Mr. Shinn,and passed unanimously. V.ORDINANCES AND RESOLUTIONS ORDINANCE -CONVERT LID'S 43 &46 TO ULID'S 1 & 2 -2ND READING A letter was read from Joseph K.Gavinski,City Manager,which presents an ordinance converting LID 43 and LID 45 to ULID's 1 and 2. The ordinance relating to the waterworks utility of the city,including the system of sewerage as a part thereof;specifying and adopting a system or plan of additions to and betterments and extensions of that waterworks utility;declaring the esti mated cost thereof as near as may be;authorizing the issuance and sale of water and sewer revenue bonds in the principal amount of approximately $931,000 to obtain the funds with which to pay the costs of such system or plan;creating a special construction fund and authorizing the issuance and sale of interest-bearing warrants drawn upon such construction fund pending the sale of such revenue bonds;ratifying all actions taken by the city relating to the system or plan;and converting Local Improvement District No.43 established by Ordinance No.975 into Utility Local Improvement District No.1 of the city and Local Improvement District No.46 established by Ordinance No.978 into Utility Local Improvement District No.2 of the city was read by title only. Mr.Shinn moved that the second reading of the ordinance be adopted,seconded by Mr.Edwards,and passed with Mr.Ziegler abstaining. ORDINANCE - PRIVATE SECURITY BUSINESS - 2ND READING /o <*a A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance amending the Private Security Business Ordinance by removing the "per occur rence"language in Section 5.44.070 so that any private security business in the city will be required to have a bond in the amount of $10,000 total rather than being required to have a bond which would provide for $10,000 coverage for each claim against the bond. The ordinance relating to Private Security Businesses,amending Moses Lake Municipal Code Chapter 5.44,Private Security Business,Section 5.44.070,License -Insurance Prerequisites -Bonds,and Insurance,was read by title only. Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Johnson,and passed unanimously. VI. REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS WATER COORDINATED SERVICE BOUNDARY A letter was read from Wayne Rimple,Planning Commission Chairman,which presented the boundaries of the Coordinated Water Supply System for Grant County as proposed by the Planning Commission. Mr.Shinn wanted to know if the city would be committing itself to serve this area. 3098 CITY COUNCIL MINUTES:4 February 10,1981 Rita Perstac,Community Development Director,stated that the boundaries include about 40 other service areas and it depends on where the development takes place who will serve them with water.However,any major water developments will have to conform to standards adopted by the county engineers. « M.G.McLanahan,Assistant Public Works Director,pointed out that the city would be reserving the water rights for this area for the next 50 years even though no development has taken place yet. Mr.Ziegler moved that the boundaries be accepted,seconded by Mr.Shinn,and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION None IX.COUNCIL QUESTIONS AND COMMENTS None X. CITY MANAGER REPORTS AND COMMENTS I WEED ORDINANCE (I Joseph K.Gavinski,City Manager,stated that he would like some guidance from City Council on the weed ordinance. There was some discussion by the Council and it was requested that copies of the model ordinance be included in the next agenda packet. FIRE TRUCK Joseph K.Gavinski,City Manager,stated that the city has received $25,000 in sales.tax over the estimated amount and also the city will be receiving approxi mately $256,000 in Federal Revenue Sharing money.He is requesting that the Fire Chief prepare specifications for the purchase of a fire truck in 1982 and that the Council keep this in mind when budget time rolls around. Mr.Hill moved that the Fire Chief prepare the specifications,seconded by Mr. Edwards,and passed unanimously. WATER/SEWER/GARBAGE RATES Joseph K.Gavinski,City Manager,stated that he contacted Steve Norman of Securi ties Northwest concerning the city's preparation of the water/sewer and garbage rates and he has offered his assistance and recommendations.He will study the city's financial reports and discuss the proposed rates with the Public Works Department.Mr.Gavinski recommended that the study session be delayed until Mr. Norman has completed his study and can report to the Council.He also recommended that the 8%increase authorized for the base accounts be delayed until after Mr. Norman has a chance to study this situation and make his recommendations. It was the consensus of Council that Mr.Gavinski's recommendations be followed. ASH DISPOSAL SITES Joseph K.Gavinski,City Manager,stated that the Federal Government has reviewed the ash disposal site problem and have prepared new damage survey reports which take into account the report prepared by the Public Works Department.The report referred to leveling,stabilizing,covering with organic material,cultivating it in a bit,watering it,seeding it,etc.They have sent in a damage survey report, which should be reviewed favorably,for some $90,000 for a majority of the sites in terms of number.In terms of acreage,there is the Milwaukee Road property and the Milwaukee Road has notified the city that they wish the ash removed. jJ 3099 CITY COUNCIL MINUTES: 5 February 10,1981 Mr.Gavinski stated that he had written to Milwaukee Road and indicated that it may be cheaper for the city to purchase this property and asked them what the property was appraised at,when it was appraised,and who appraised it.If the city has enough justification to show that it would be cheaper to purchase than to remove the ash,that may be approved by the Federal Government.It will have to be approved by top management in Washington DC however. He stated that it will take approximately 6 weeks for the Federal Government to get back to the city.He stated that he felt the city should go ahead and do the work and hope for assistance from the Federal Government because in six weeks it will be the first of April and the winds could be wery bad at that time.He requested that the city be allowed to draw up the specifications and award the bid for stablization of the ash piles,anticipating help from the Federal Government.He stated that the owners of King Mushroom have offered to the city,at no cost,all their old material that they use to grow the mushrooms. It was the consensus of the Council that the city proceed with this project. The regular meeting was adjourned at 9:30 p.m.to an executive session to discuss a real estate purchase regarding Duncan Well. The regular meeting was reconvened at 10 p.m. The regular meeting was adjourned at 10 p.m. £ ATTEST: RobeTE E.Hill,Mayor In the Matter of: BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON 3100 ) Rezoning Request of Viola Michel )Findings of Fact,Conclusions, )and Decision This matter,having come on before the Moses Lake City Council for action on the 10th day of February,1981,now makes the following: FINDINGS OF FACT 1.Viola Michel,Moses Lake,Washington,owns approximately 34 acres of land located west of Highway 17 between Kittleson Road and Interstate 90 in the City of Moses Lake,legally described as follows: Farm Unit 224,Irrigation Block 41,Second Revision,Columbia Basin Project, Grant County,Washington,according to the plat thereof filed September 30, 1953 lying in the NW%of Section 36,Township 19 North,Range 28 EWM,with the imaginary line herein described as beginning at the north quarter corner of Section 36,Township 19 North,Range 28 EWM,measuring west along said section line a distance of 500 feet to a line perpendicular to said section line and running southerly to the intersection of Interstate 90 right-of-way line. 2.The approximately 34 acres of land owned by Viola Michel is presently zoned Agriculture and Ms.Michel has requested that 25 acres be rezoned C-2,Limited Commercial,and 9 acres be rezoned C-4,Tourist Commercial,with the intent of developing the property to its highest and best use.The contract pur chaser of the land in question is Fluke Property Management. 3.A public hearing before the Planning Commission scheduled upon notice on the issue of rezoning the land in question was held January 15,1981. 4.There were no comments from the public nor were there any written protests by any persons filed with the City of Moses Lake. 5.Ron Pringle,representing the contract purchaser of this property,Fluke Property Management,stated that he was available to answer any questions from the Planning Commission. 6.The area immediately to the north is presently zoned C-4,Tourist Commercial; to the west is presently zoned C-2,Limited Commercial.Interstate 90 bor ders the property on the south and the parcel to the east is presently zoned Agriculture. 7.Mr.Pringle stated the parcel to the east of the property in question is owned by the State of Washington and currently has no use. 8.The parcel to the west of the property in question was granted a zone change on December 9,1980 from Agriculture to C-2,Limited Commercial.This parcel is owned by Pamp Maiers and is approximately 7.5 acres in size.Mr.Maiers has submitted a preliminary plat to the city for review. 9.The property in question is consistent with the commercial land use designa tion in the city's proposed Comprehensive Plan. 10.The Planning Commission recommended approval of the zone change request at Jan.15 1981 meeting and forwarded their recommendation to the City Council. 3101 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 Viola Michel with the contract purchaser being Fluke Property Management, no opposition to re-zoning the said land of 25 acres from Agriculture to C-2,Limited Commercial and 9 acres from Agriculture to C-4,Tourist Commercial. 3.Since the area is presently mostly undeveloped and the re-zone request is consistent with the land use designation in the city's 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 Viola Michel,with contract purchaser being Fluke Property Management,from Agriculture to C-2, Limited Commercial and C-4,Tourist 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 34 acres of land owned by Viola Michel,with the contract purchaser being Fluke Property Management,which is legally described in the herein Findings of Fact and which,is presently zoned Agriculture,is hereby re-zoned C-2,Limited Commercial for 25 acres and C-4,Tourist Commercial for 9 acres. 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 11th day of February,1981 with the necessary ordinance being passed February 10,1981. OSES LAKE Robert E.Hill,Mayor r