1981 03 10i I
3106
CITY OF MOSES LAKE
MOSES LAKE,WASHINGTON
CITY COUNCIL MEETING -REGULAR MEETING March 10,1981
POLICE/COUNCIL FACILITY 8 p.m.
Members Present:Bob Hill,Charles Edwards,Steve Shinn,Harvey Vernier,Norm
Johnson,Don Swanson,and Barry Ziegler
The meeting was called to order at 8 p.m.by Mayor Robert Hill.
Mr.Edwards moved that the minutes of the meeting of February 24 be approved as
submitted,seconded by Mr.Johnson,and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL $15,157.93
STREET 8,498.61
VOLCANIC/DISASTER RELIEF 2,283.00
BLOCK GRANT 12,807.64
PARK AND REC RESERVE 223.64
WATER/SEWER 8,783.40
SANITATION 20,091.02
EQUIPMENT RENTAL 15,757.78
FIREMENS PENSION 746.50
LID #44 48.20
LID #45 48.20
LID #47 48.20
LID #48 48.20
TOTAL $84,542.32
Mr.Edwards moved that the bills be approved as submitted,seconded by Mr.Ziegler,
and passed unanimously.Warrants in the amount of $84,542.32 were approved for
payment.
I.CITIZEN INPUT
ANIMAL SHELTER
/023
Marilyn Bertram wanted to know if anything is being done about the proposed animal
shelter.
Joseph K.Gavinski,City Manager,stated that that the city has a carry over balance
of $113,0.0.0 into 1981 and unappropriated Revenue Sharing monies of about $256,000.
There is already the commitment from the City Council for the new fire truck which
has not had an appropriation of any additional monies but it is suggested that it
come out of Revenue Sharing money.He stated that it will be another 45 to 60 days
before additional revenue information is received by the city.
Mr.Hill stated that in April the city will receive the January and February sales
tax revenues.He suggested that,if the figures are encouraging,the city proceed
with the animal shelter.
RESOLUTION -COMMEND MOSES LAKE HIGH SCHOOL WRESTLING CHIEFS
The resolution extending recognition,appreciation,and commendation to Coach Ron ^
Seibel and the Moses Lake High School Wrestling Chiefs was read in its entirety.
Mr.Ziegler moved that the resolution be adopted,seconded by Mr.Edwards,and
passed unanimously.
Coach Seibel introduced the members of the team and accepted the resolution on
their behalf.
Mr.Ziegler stated that in light of the amazing performance of the basketball team
he moved that a resolution be drawn up commending the basketball team,seconded byMr.Johnson,and passed unanimously.y
3107
CITY COUNCIL MINUTES:2 March 10,1981
II.CONSENT AGENDA
None
III.CONSIDERATION OF BIDS
BLOCK GRANT HOUSING
A
\V A letter was read from Dean Hagerty,Chairman of the Citizens Advisory Committee
which recommended that Job 038-TC be awarded to Black Owl Construction for $7,633.50.
This is being presented as a hardship case as the house is only eligible to receive
$6,935.
Mr.Edwards moved that the bid from Black Owl Construction be accepted,seconded by
Mr.Shinn,and passed unanimously.
IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
PUBLIC HEARING -ORDINANCE -SHAKER ZONE CHANGE -2ND READING
A°
\*[
A letter was read from Wayne Rimple,Planning Commission Chairman,which recommended
that the zone change from Fouad and Patricia Shaker be granted.They are requesting
that their property of approximately 12 acres between Nelson and Sharon,bounded on
the west by Monroe Street and on the east by Garden Heights Elementary School be
changed from R-l,Single Family Residential,to R-3,Multi-family Residential.
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.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,including
the Findings of Facts,seconded by Mr.Edwards,and passed unanimously.
V.ORDINANCES AND RESOLUTIONS
ORDINANCE - WEED CONTROL - 1ST READING
A letter was read from Joseph K.Gavinski,City Manager,which presented a proposed
weed control ordinance.
Mr.Gavinski stated that the words Building Inspector in the ordinance should be
changed to Building Official.
The ordinance repealing Chapter 8.20 of the Moses Lake Municipal Code entitled
"Weed Control Regulations"and enacting new Chapter 8.21 entitled "Weed Control
Regulations"was read by title only.
Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by
Mr.Shinn.
There was some discussion by the Council on the possible problems with the defini
tions in the ordinance.Jim Whitaker,City Attorney,stated that he did not see
any problems with that.
The motion passed unanimously.
ORDINANCE -AMEND 1980 BUDGET -1ST READING
A letter was read from Walt Fry,Finance Director,which presented an ordinance
amending the 1980 Budget for final closing entries.
The ordinance amending the 1980 Budget appropriations was read by title only.
Mr.Shinn moved that the first reading of the ordinance be adopted,and a public
hearing be set for March 24,seconded by Mr.Ziegler,and passed unanimously.
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CITY COUNCIL MINUTES:3 March 10,1981
ORDINANCE -AMEND 1981 BUDGET -1ST READING /J/0
A letter was read from Walt Fry,Finance Director which presented an ordinance
amending the 1981 Budget.
The ordinance amending the 1981 Budget for the City of Moses Lake,Washington was
read by title only.
Mr.Ziegler moved that the first reading of the ordinance be adopted and a public
hearing be set for March 24,seconded by Mr.Swanson,and passed unanimously.
ORDINANCE -REPEAL TITLE 9 -PUBLIC PEACE,MORALS,&WELFARE -1ST READING__//^
A letter was read from James A.Whitaker,City Attorney,which presented an ordi
nance repealing Moses Lake Municipal Code Title 9 which relates to criminal conduct
and the definition of the same.
Mr.Whitaker stated that if this ordinance is passed,Title 9 would be removed from
the code book and this would include what is traditionally considered crimes such
as shoplifting,etc.and place them under the jurisdiction of the District Court
and would be prosecuted by Mr.Klasen's office.
Paul Klasen stated that he is concerned about this because of the increased work
load on his office and he may not be able to handle it without additional help.He
stated that with the new law requiring the prosecuting attorney to be present at
all traffic cases,it is putting a strain on his office already.
Mr.Whitaker stated that the case load created by Title 9 is 30%of the case load
in terms of number of cases coming through the courts.The big problem has been
the drain on resources of the city in terms of appointed indigent defense counsel.
The ordinance repealing Moses Lake Municipal Code Title 9 relating to public peace,
morals,and welfare was read by title only.
Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by
Mr.Ziegler,and passed unanimously.
City staff was directed to bring back the revenue and expense figures on this
problem at the second reading of the ordinance.
RESOLUTION -JAPANESE AMERICAN CITIZENS LEAGUE -FUND RAISING ,_//vy
A letter was read from Joseph K.Gavinski,City Manager,which presented a resolu
tion regarding the activity sponsored by the Japanese American Citizens League
during the weekend of March 28 and 29,1981.
The resolution endorsing the efforts of the Japanese American Citizens Leage was
read by title only.
Mr.Shinn moved that the resolution be adopted,seconded by Mr.Ziegler.
Mr.Hill stated that he had suggested that this be sent to the Inter-Racial Commis
sion for Human Rights but had found that all the member's terms had expired.He
stated that five of the nine members had indicated they would serve again if ap
pointed.
Mr.Gavinski stated that this Commission was set up in 1968.He stated that in
reviewing the law he found no requirement for such a Commission.He stated that
the state has a Human Rights Commission that has authority over actual complaints.
Mr.Hill suggested that the Inter-Racial Commission not be re-activated and that
the resolution presented by the Japanese American Citizens League on the federal
commission looking into the interment of Japanese Americans during World War II be
considered at the next Council meeting.
Mr.Gavinski stated that he would bring back an ordinance at the next meeting
abolishing the Inter-Racial Commission for Human Rights by repealing Chapter 2.40.
It was the consensus of the Council that this action be taken.
The motion passed unanimously.
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CITY COUNCIL MINUTES:4 March 10,1981
VI.REQUESTS TO CALL FOR BIDS
A BLOCK GRANT STREET CONSTRUCTION (1981)
A letter was read from Robert Townsend,Public Works Director,which requested
authorization to call for bids on the streets to be constructed with HUD funds in
1981.
Mr.Johnson moved that staff be authorized to call for bids,seconded by Mr.Ziegler,
and passed unanimously.
i-l EQUIPMENT PURCHASES 1981l0\
A letter was read from Robert Townsend,Public Works Director,which requested
authorization to call for bids for three vehicles.
The Council reviewed the specifications for the two cars and the pick-up.
Mr.Swanson moved that staff be authorized to call for bids,seconded by Mr.Johnson,
and passed unanimously.
A BLOCK GRANT HOUSING
JD'
A letter was read from Dean Hagerty,Chairman of the Citizens Advisory Committee,
which recommended that Job 039-TS be authorized to go to bid.
Mr.Ziegler moved that staff be authorized to call for bids on Job 039-TS,seconded
by Mr.Edwards,and passed unanimously.
^
VII.REFERRALS FROM COMMISSIONS
^REQUEST FOR EXEMPTION TO PLAT REQUIREMENTS -IRRIGATION DISTRICT
A letter was read from Wayne Rimple,Planning Commission Chairman,which stated
that the Moses Lake Irrigation District has encountered insurmountable problems
with building their proposed pumping station on railroad property.They are pro
posing to build the pumping station on Department of Natural Resources land located
some 15 feet westerly of the now unusable railroad property site.The Planning
Commission recommends that due to the uniqueness of this project,that the Irriga
tion District and the Department of Natural Resources be granted an exemption to
the platting requirements.
A letter was read from Clinton Connelly,Chairman of the Moses Lake Irrigation and
Rehabilitation District,and Ted Klein,Department of Natural Resources,which
requested an exemption of the platting requirements to allow them to build the
pumping station on state owned property since insurmountable problems have arisen
with building the pumping station on railroad property.
The resolution allowing the Moses Lake Irrigation and Rehabilitation District and
the State of Washington,Department of Natural Resources to build on unplatted
property was read by title only.
^
Mr.Johnson moved that the resolution be adopted,seconded by Mr.Swanson,and
passed unanimously.
MCCOSH PARK PRELIMINARY PLAT
A letter was read from Wayne Rimple,Planning Commission Chairman,which presented
the McCosh Park Preliminary Plat containing 22.4 acres and is zoned Public.The
plat includes dedication of the existing and improved right-of-way.
Mr.Ziegler moved that the McCosh Park Preliminary Plat be approved,seconded by
Mr.Shinn,and passed unanimously.
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
None
~i t
CITY COUNCIL MINUTES: 5 March 10,1981
IX.COUNCIL QUESTIONS AND COMMENTS
DISASTER
3110
/23Y
Mr.Johnson wanted to know if there was any way the city could receive some of the
funds declared as surplus by FEMA.
Joseph K.Gavinski,City Manager,stated that those funds were not allocated to
cities for disaster relief and that Moses Lake has fared better than some of the
other communities in terms of receiving funds for disaster relief.He stated that
the only items now in limbo are the ash disposal sites.
RAILROAD TRACKS
There was some discussion by the Council on the fact that the railroad tracks
across Broadway are in very bad repair and the fact that the railroad does not have
a franchise to cross Alder Street.
Joseph K.Gavinski,City Manager,stated that the Milwaukee Railroad has sold out
to Burlington Northern and he is in the process of discussing these matters with
Burlington Northern.
MAYOR AND COUNCIL
/oej,
Mr.Hill suggested that the ordinance pertaining to the absences of the Mayor and
Councilmen be amended to allow for vacations,illnesses,excused absences,etc.
City staff was directed to bring such an ordinance to City Council in the future.
SAMMONS COMMUNICATIONS
A letter was read from Joseph K.Gavinski,City Manager,which stated that Sammons
Communications,Inc.requested permission to change their current television
programming.The Council wished to review the franchise ordinance before granting
the permission.
Mr.Garrett stated that he would like to drop all three Tri-Cities stations and put
KIRO and KOMO on the air permanently and add WGN and WOR in mid-April.
Mr.Hill pointed out that the franchise does not specifically state what channels
will be covered.
Mr.Vernier wanted to know what kind of survey had been done to determine what the
citizens of Moses Lake wished.Mr.Garrett stated that the Federal Communications
does the survey by going from county to county and determines what stations are
most frequently watched in the county.In Grant County the survey showed that the
most frequently watched stations were the Spokane stations.
Mr.Edwards stated that he objected to the dropping of KVEW because KXLY and KOMO
are both ABC stations and have duplicate programming at the same time and KVEW has
the same programming at different times.He stated that KVEW has news of the
Inland Empire and KOMO gives Seattle news.He pointed out that the Moses Lake
Chiefs get some consideration on KVEW and none on the other stations.He felt that
even though the quality of the station is not as good the other concerns should be
considered and it should be retained.
Mr.Hill felt that adding KOMO and KIRO and two eastern stations is a prelude to a
rate increase.v
Mr.Vernier moved that this request be tabled until the next meeting,seconded byMr.Hill,and passed with Mr.Ziegler and Mr.Swanson opposed.
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3111
CITY COUNCIL MINUTES:6 March 10,1981
X.CITY MANAGER REPORTS AND COMMENTS
A MODEL FLOOD CONTROL ORDINANCE
0^Joseph K.Gavinski,City Manager,stated that he has received inquiries from the
government wanting to know the status of the city's flood control ordinance.He
stated that he indicated to them that it was rejected by the Council and they are
forwarding to the city a shorter,less cumbersome ordinance.Also,there are
several people in the city who are unable to renew their flood insurance because
the city has not adopted a flood control ordinance.
A DISASTER FUNDS
Joseph K.Gavinski,City Manager,stated that he has received word that the state
has appropriated $4.2 million in the supplemental budget for cities that have
suffered ash related damages.The amount of money the city will receive is not
known at this time.
M BROCHURE
Joseph K.Gavinski,City Manager,stated that he has received word from the people
putting together the Chamber of Commerce brochure to the effect that they would
like the city to begin working on the layout of the ad.
Mr.Hill requested that Mr.Edwards and Mr.Johnson work with Robert West,Adminis
trative Assistant,on this project.
WATER/SEWER AND GARBAGE PR00SED RATES
Mr.Hill set a study session for Monday,March 23 at 8 p.m.in the Council Chambers
to discuss water/sewer rates.
Mr.Hill set a study session for March 17 at 8 p.m.in the Council Chambers to
study the solid waste rates.
Mr.Hill set a study session for March 31,at 8 p.m.in the Council Chambers to
discuss the Yonezawa Boulevard question.
METER READINGS DURING WINTER
Joseph K.Gavinski,City Manager,stated that water meters have not been read
during some of the winter months and it is recommended from both the Finance Depart
ment and Public Works Department that meters not be read for a three month period
during the winter.It is recommended that water meters not be read during the
months of December,January,and February.
The Council adjourned at 9:45 to an Executive Session to discuss real estate.The
Executive Session was adjourned at 10:30 and the regular meeting was reconvened.
GIFT - COAST TO COAST STORE
The City Council discussed the city's receiving the old Coast to Coast store
building.The owner wishes to donate the building to the city.It was the consensus
of the Council that the gift be accepted.
City staff was directed to work out the details of the transfer with the owner and
bring back a resolution to City Council accepting the gift.
The meeting was adjourned at 10:50 p.m./^
i\RobeVt E.Hill,Mayor
City Clerk
In the Matter of:
BEFORE THE CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
3112
Rezoning Request of Fouad and )Findings of Fact
Patricia Shaker )
This matter,having come on before the Moses Lake City Council for action on
the 10th day of March,1981,now makes the following:
FINDINGS OF FACT
1.Fouad and Patricia Shaker,Moses Lake,Washington,own approximately 12 acres
of land between Nelson and Sharon Streets,bounded on the west by Monroe
Street and on the east by Garden Heights Elementary School in the City of
Moses Lake legally described as follows:
That portion of the NW%of the NE%of Section 26,Township 19 North,Range 28
EWM,Grant County,Washington,described as follows:
Beginning at the north quarter corner of said Section 26;thence south 00°23'12"
west along the west line of the NE%,a distance of 1332.87 feet to the SW
corner of the NE%of said Section 26;thence south 89°37'48"east,along the
south line of the NW%of the NE%,a distance of 420 feet to the SW corner of
the Church of Christ Plat,as per plat recorded in Volume 7 of Plats,page 77,
records of Grant County,Washington;thence north 00°23'12"east,a distance
of 1333.76 feet to the north line of the NE%;thence north 89°44'40"west
along the north line of said NE%,a distance of 420 feet to the point of
beginning.
EXCEPT those portions conveyed to the City of Moses Lake,by deeds recorded
April 13,1959 and September 21,1960,under Auditor's File Nos.339021 and
371261.
2.The approximately 12 acres of land owned by Fouad and Patricia Shaker is
presently zoned R-l,Single Family Residential,and Mr.and Mrs.Shaker have
requested that the land be rezoned R-3,Multi-family Residential,with the
intent of building apartments on the land.
3.A public hearing before the Moses Lake Planning Commission scheduled upon
notice on the issue of rezoning the land in question was held February 5,
1981.
4.The Community Development Director stated that the City of Moses Lake had
received two telephone calls favoring the rezone request.Mr.Trowbridge,
owner of 9.58 acres,Tax #3803,across Monroe from this proposed zone change,
stated he was in favor of the rezone.Mr.and Mrs.Yoder,owners of Tax
#1261r-B,the Regency Court Apartments,stated they were in favor of the rezone.
5.Mr.George Knauss,1215 Lakeside,Moses Lake,Washington,appeared during the
public hearing and stated his objection to the rezoning of the land in question
on the basis that the current apartment vacancy rate is very high,he could
not see any necessity for changing a zone to allow multi-family dwellings and
he also took exception to the statement made concerning who owned the Regency
Apartments and the owners being in favor of the rezone.Mr.Knauss stated he
knew the owners of the Regency Apartments and they would not be involved with
those apartments if possible.
6.Mr.Fouad Shaker,1316 Lakeway,Moses Lake,Washington,owner of the land in
question,appeared during the public hearing and stated that he was aware of
market conditions for apartments but was confident conditions would improve
and wanted to plan now for future development.
7.No other persons appeared during the public hearing other than Mr.Knauss and
Mr.Shaker nor were there any written protests by any persons filed with the
City of Moses Lake.
3113
8.The area immediately to the west of Monroe is currently zoned R-l,Single
Family Residential and essentially is vacant except for two duplexes located
in the northeast corner.
9.The area to the east is zoned Public for Garden Heights Elementary School and
property to the east (and south of the school)is zoned R-3,Multi-family
Residential,and a church is located in this area.
10.Property to the north of Nelson across from the Shaker property is zoned R-3,
Multi-family Residential,and C-4,Tourist Commercial.A church,two apartment
complexes,and vacant land is located in this area.
11.The proposed zone change is consistent with the city's proposed Comprehensive
Plan.
12.The Planning Commission recommended approval of the zone change request at
their February 5,1981 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 rezone
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 Fouad and Patricia Shaker no opposition to re
zoning the said land of approximately 12 acres from R-l,Single Family Resi
dential,to R-3,Multi-family Residential.
3.Since the area in question is vacant and the surrounding land use is mixed
residential 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 Fouad and Patricia Shaker from R-l,Single Family Residential to R-3,
Multi-family Residential 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 12 acres of land owned by Fouad and Patricia Shaker which is
legally described in the herein Findings of Fact and which is presently zoned
R-l,Single Family Residential,is hereby re-zoned R-3,Multi-family Resi
dential .
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 March,1981 with the necessary ordinance being passed March
10,1981.
CITY^OF MOSES LAKE
Robert E.Hill,Mayor
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