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1981 08 253183 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR MEETING August 25,1981 POLICE/COUNCIL FACILITY 8 p.m. Members Present:Robert Hill,Charles Edwards,Steve Shinn,Harvey Vernier,Don Swanson,Norm Johnson,and Barry Ziegler The meeting was called to order at 8 p.m.by Mayor Robert Hill. Mr.Ziegler moved that the minutes of the meeting of August 11,1981 be approved as submitted,seconded by Mr.Johnson,and passed with Mr.Hill abstaining as he was not present at that meeting. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $11,579.30 STREET 4,152.26 STREET REPAIR & RECONSTRUCTION 140.49 DISASTER RELIEF 10.87 BLOCK GRANT 17,722.90 FEDERAL SHARED REVENUE 876.76 WATER/SEWER 10,091.04 SANITATION 17,363.50 WATER/SEWER CONSTRUCTION 3,961.38 EQUIPMENT RENTAL 5,373.52 FIREMEN'S PENSION 850.00 TOTAL $72,122.02 Mr.Johnson moved that the bills be approved as submitted,seconded by Mr.Edwards, and passed with Mr.Edwards abstaining from voting for that portion of the bills to Coast to Coast. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS WELL 24 /sofAletterwasreadfromRobertTownsend,Public Works Director,which recommended that the bid from Othello Mechanical Contractors be accepted. Mr. Shinn moved that the bid for Well 24 be awarded to Othello Mechanical Contrac tors in the amount of $131,591.58,seconded by Mr.Edwards,and passed unanimously. COMMINUTOR -LARSON SEWAGE TREATMENT PLANT A letter was read from Robert Townsend,Public Works Director,which stated that he was in agreement with the recommendation to award the bid for the comminutor. A letter was read from Bill Newell,Public Works Superintendent which stated that only one bid was received for the comminutor.The price,including tax and freight, is $516.52 over the budgeted amount.Additional funds are available which will cover this cost and he did not believe rebidding would reduce the cost figure. Mr.Johnson moved that the bid from Whitney Equipment Company,Inc.in the amount of $8,516.52 be accepted,seconded by Mr.Edwards,and passed unanimously. 3184 CITY COUNCIL MINUTES:2 August 25,1981 IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS 4 PUBLIC HEARING -ORDINANCE -LAKESHORE ESTATES #2 ANNEXATION -2ND READING A letter was read from Rita Perstac,Community Development Director,which presented an ordinance annexing a small parcel of land located west of Laguna Drive. 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. An ordinance providing for the annexation of certain territory to the City of Moses Lake,Washington,and incorporating the same within the corporate limits thereof, providing for the assumption of existing indebtedness and zoning was read by title only. Mr.Shinn moved that the second reading of the ordinance be adopted,seconded by Mr.Ziegler,and passed unanimously. V.ORDINANCES AND RESOLUTIONS f A ORDINANCE - AMEND ORDINANCE 901 - 1ST READING i ^ A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance amending Ordinance #901 which would allow the placement of signs in city right-of-way along Stratford Road adjacent to the old Aiken service station. Mr.Ziegler felt the person leasing the property should be allowed to place a new sign in the same place as the old one. Mr.Shinn felt the original ordinance should be adhered to and the sign removed from the right-of-way. James Whitaker,City Attorney,stated that if the city allows the signs to remain in the right-of-way the city could be sued if anyone were to be injured as a result of running into one of the signs. The ordinance amending ordinance 901 which vacated a 30-foot portion of land adja cent to Stratford Road was read by title only. There was some discussion and it was the consensus of the Council to delete only the following "or until changes or modifications are made to such signs." Mr.Ziegler moved that the first reading of the ordinance be adopted as amended, seconded by Mr.Johnson,and passed with Mr.Shinn opposed. ORDINANCE -UTILITY OCCUPATIONAL TAX - 1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance amending the ordinance on the utility occupational tax for the cable company in the city.The cable company is not paying the tax on the HBO service and this amendment would require such payment. The ordinance amending Chapter 3.28 of the Moses Lake Municipal Code entitled "Utility Occupational Tax"was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Johnson,and passed unanimously. n 3185 CITY COUNCIL MINUTES:3 August 25,1981 ORDINANCE -LOADING ZONE -1ST READING A letter was read from Robert Townsend,Public Works Director,which presented an ordinance which would allow a loading zone on Beech Street adjacent to the Lakeview Manor Senior Citizens Apartment Building.This loading zone would facilitate the loading of senior citizens for buses,ambulances,and private transportation. Mr.Townsend stated that in Section F of the ordinance the word prohibited should be changed to allowed. The ordinance designating certain street areas where stopping,standing,and/or parking is regulated,restricted,or prohibited thereon by amending Section 10.12.035 *—'was read by title only. Mr.Johnson moved that the first reading of the ordinance be adopted as amended, seconded by Mr.Shinn,and passed unanimously. ORDINANCE -GARBAGE RATES - 1ST READING /AT3 A letter was *>ead from Joseph K.Gavinski,City Manager,which presented an ordi nance concerning the garbage rates charged in the city. The ordinance amending Chapter 8.08 of the Moses Lake Municipal Code entitled "Garbage Collection"by changing the rate schedule incorporated by reference within Section 8.08.140 was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Ziegler,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS I ORDINANCE -REZONE -WUTZKE -1ST READING 1 //<?o A letter was read from Rita Perstac,Community Development Director,which stated that Mr.G.P.Wutzke is requesting that his property of approximately 14 acres located in Battery Orchard Tracts be changed from R-l,Single Family Residential, to R-3,Multi-family Residential.The Planning Commission denied this rezone request and forwarded their recommendation to the City Council. Tom Wutzke,representing the property owner,stated that they are trying to prepare the property for a motel/convention center.He stated that the R-3 zone would still give the city a great deal of control since any development of this type would have to come back before the Planning Commission and City Council. There was some discussion by the Council. The ordinance amending Section 18.09.020 of Chapter 18 of the Moses Lake Municipal Code entitled "Zoning"was read by title only. Mr.Hill moved that the first reading of the ordinance be denied,seconded by Mr. Ziegler. Mr.Ziegler stated that the people on the lower Peninsula requested that the entire area be zoned R-l. ,Mr.Edwards stated that he did not feel this particular area is conducive to R-l use. \i The motion passed with Mr.Ziegler,Mr.Shinn,Mr.Hill,and Mr.Vernier in favor and Mr.Swanson,Mr.Johnson,and Mr.Edwards opposed. 3186 CITY COUNCIL MINUTES:4 August 25,1981 VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION A DAMAGE CLAIMS/SEWER BACKUP 1 A letter was read from Robert Townsend,Public Works Director,which stated that the city's insurance carrier has suggested the city increase its monetary assistance to customers who were damaged by sewer backups where the cause was unrelated to negligence by the city.They are suggesting the amount be increased to $500. Mr.Ziegler moved that the limit be raised to $500,seconded by Mr.Edwards,and passed unanimously. »»°* APPOINTMENTS TO PLANNING COMMISSION A letter was read from Mayor Robert Hill which requested Council confirmation of the appointment of W.R."Bill"Thompson and Mark Biallas to the Planning Commission. Mr.Ziegler moved that the appointments be confirmed,seconded by Mr.Johnson,and passed unanimously. REQUEST TO USE SWIMMING POOL r A letter was read from Cecil Lee,Park and Recreation Director,which stated that the Park and Recreation Advisory Commission was unable to review the requests to use the pool by the Manta Ray Swim Club and the Moses Lake School District because the August meeting was delayed a week due to the fair.In the past,however,the Commission has felt that a seasonal facility such as the pool should be utilized as much as possible.Therefore,the staff recommends that the pool be made available to the Manta Ray Swim Club and the Moses Lake School District but that the pool be closed on September 18 because of manpower and necessary repairs that need to be done. The cost for the extra 11 days of use of the pool without heating would be $337. There was some discussion by the Council. Mr.Edwards moved that permission be granted for the Manta Rays and the School District to use the pool in an unheated condition provided they can provide the labor to do the testing to the satisfaction of the Parks Department,and the pool be closed at the discretion of the Parks Department,seconded by Mr.Ziegler. Mr.Johnson felt it would be better to keep the person who has done the testing work all summer rather than try to train someone to do it for the short time the pool will be open to these two organizations. Jerry Thaut,Assistant Park and Recreation Director,stated that the staff is recommending the pool be closed on September 18 so that necessary repairs can be made to the pool. The motion passed with Mr.Hill opposed as he feels the city should supply the labor. Council requested that the use of the pool each year by the Manta Rays and the School District be discussed during the budget process instead of having to go through it ewery year. IX.COUNCIL QUESTIONS AND COMMENTS RAILROAD CROSSINGS \r Mr.Shinn wanted to know if anything was being done on the railroad crossings in the city. Joseph K.Gavinski,City Manager,stated that he had written a letter to Burlington Northern and then met with them.He stated that they are having some right-of-way problems which they want to get straightened out before doing any repairs on the tracks.Mr.Gavinski stated that he requested a letter from them giving the city a time table but has received nothing at this time. n 3187 CITY COUNCIL MINUTES:5 August 25,1981 FOUNTAIN Mr.Hill requested Council authorization to write a letter to the Port thanking them for the fountain they placed in Parker Horn. Mr.Edwards moved that the Mayor be authorized to send a letter,seconded by Mr. Ziegler,and passed unanimously. X.CITY MANAGER REPORTS AND COMMENTS SALES TAX //iV1 Joseph K.Gavinski,City Manager,stated that the city had received $96,606 for May and June.Last year the city received $87,000 for the same period. LIBRARY Joseph K.Gavinski,City Manager,stated that the city has received a letter from the North Central Washington Regional Library concerning the contract rate and the amount of taxes they are going to collect for the library system.He stated that the rural areas had voted to lift the lid on the 106%.He stated that he met with Skip Munson and Mike Lynch to discuss the impact this would have on the city.He stated that the city's payment to the North Central Regional Library would increase from approximately $58,000 to 60,000 to $90,000 to $95,000.This is because the city will be taxed at the same rate as the rural areas even though the city did not have an opportunity to vote on the issue.The city is still under the 106%limit. Mr.Gavinski stated that the city had several options -pay the fee,discuss a new contract,not provide any library service,or annex to the library district which would allow Moses Lake citizens to vote in all future elections but there are some problems with that. He stated that at the present it would cost the city approximately $30,000 more in 1982. Mr.Ziegler requested a copy of the line item budget from the North Central Regional Library for 1980,1981,and 1982. Mr.Gavinski stated that the city has been paying a steadily increasing fee for the past several years. Skip Munson stated that a full time position had to be eliminated in 1981 but with the increased funds in 1982 that position will be restored.She stated that magazine subscriptions will increase from 47 to 100,the library will be able to do more with Allied Arts and the schools,and will be able to remain open 6 days, increasing its hours from 51 to 60. Mr.Edwards wanted to know how essenti«aal the city's participation is in the North Central Regional Library. Mr.Gavinski stated that the city provides the building and the contract fees.The city does not own the books or pay the employees.The city pays the utilities and any capital improvements that are necessary.If the Council wishes to get into the library business,the city would have to buy the books and pay the employees. The Council adjourned to an executive session at 9:30 p.m.The executive session was adjourned at 10:30 p.m. and the regular meeting was reconvened.The regular meeting was adjourned at 10:30 p.m. Robert E.Hill,Mayor ATTEST: mM^^ u BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON 3188 IN THE MATTER OF: Rezoning Request of )Findings of Fact, Mr.G.P.Wutzke )Conclusions,&Decision This matter,having come on before the Moses Lake City Council for action on the 8th day of September,1981,now makes the following: FINDINGS OF FACT 1.Mr.G.P.Wutzke,Tacoma,Washington,owns approximately fifteen acres of land located just south of Interstate 90 in Battery Orchard Tracts 64 and 67, bounded by Tract 65 and Lakeshore Drive on the west,Wanapum on the north, and Wapato on the east,legally described as: Tract 64 and a portion of Tract 67 of Battery Orchard Tracts located in the NW%of Section 33,Township 19N,Range 28 EWM,Moses Lake,Washington. 2.The Planning Commission,at their July 30,1981 meeting,after conducting a public hearing,denied Mr.Wutzke's request for rezoning twenty acres in this same area -from R-l,Single Family Residential,to C-4,Tourist Commercial. 3.The City Council at their August 11,1981 meeting,denied the first reading of the ordinance providing for the request to rezone twenty acres owned by Mr.G.P.Wutzke from R-l,Single Family Residential,to C-4,Tourist Com mercial. 4.The approximately 15 acres owned by Mr.G.P.Wutzke,which is legally des cribed in the herein Findings of Fact,is presently zoned R-l,Single Family Residential,and Mr.Wutzke has requested that the land be rezoned to R-3, Multi-Family Residential,with the intent of selling this land for a motel- restaurant use. 5.A public hearing before the Planning Commission scheduled upon notice on the issue of rezoning the land in question was held August 13,1981. 6.Mrs.Wayne Rector,3312 W.Lakeshore,Moses Lake,Washington,appeared during the public hearing and stated that the C-4,Tourist Commercial Zone,was denied because there was no definite plan for the land.She wanted to know how an R-3 could be granted without a definite plan.She also stated that it was her understanding that the existing R-3 zone was to only include Chorney's Motel and not extend down any further in the Peninsula.She stated that she was opposed to this zone change. 7.Steve Slinde,3328 Lakeshore,Moses Lake,Washington,appeared during the public hearing and stated that he would also like to know what the developer plans for this piece of property. 8.Russ Hull,3428 Lakeshore,Moses Lake,Washington,appeared during the public hearing and also wanted to know what would be developed in this area. 9.Jerry Oestreich,3220 Lakeshore,Moses Lake,Washington,appeared during the public hearing and stated that this area is unique.He stated that 25 years ago the entire Peninsula was zoned R-l.Then a motel was built in the area, a mobile home court was permitted in the area,and also a water tower.He stated that he was opposed to this zone change. 10.Delores Oestreich,3220 Lakeshore,Moses Lake,Washington,appeared during the public hearing and stated that she agreed with her husband's comments and she was also opposed to this zone change. 11.A letter was read from Clifford and Sandra Teslow,3625 Wapato Drive,Moses Lake,Washington which opposed the zone change. 3189 12.Mr.Tom Wutzke,Tacoma,Washington,appeared during the public hearing and stated that they had requested an R-3 zone for this area because anything that is planned will have to come back before the Planning Commission for consideration and also a public hearing for a conditional use.He stated that there are no specific plans at this time but they are interested in a motel or hotel and restaurant combination or some other development of this nature.He stated that they have no plans to develop a mobile home court. 13.No other persons appeared during the public hearing other than Mrs.Wayne Rector,Steve Slinde,Jerry Oestreich,Russ Hull,Delores Oestreich,and Tom Wutzke nor were there any written protests other than that filed with the City of Moses Lake by Clifford and Sandra Teslow. 14.The area immediately to the north,between Wanapum and Interstate 90 is owned by the State of Washington,Department of Transportation,and is presently zoned R-3,Multi-family Residential,and is vacant land. 15.The area immediately to the northwest is presently zoned R-3,Multi-family Residential and Chorney's Lakeshore Motel is located in this area. 16.The area immediately to the southwest,south,and southeast is presently zoned R-l,Single Family Residential.Several single family homes and vacant land are located in the area to the southwest,west of Lakeshore Drive.One single family house is located in the area immediately to the south and southwest of the site in question.Mr.G.P.Wutzke of Tacoma,Washington owns a portion of the vacant land located to the south of the site in ques tion. 17,The area immediately to the west,east of Lakeshore Drive,is presently zoned R-l,Single Family Residential,is vacant land and is owned by Mr.G.P. Wutzke. 18.The area immediately to the northeast is presently zoned R-2,Single Family and Duplex Residential,and a mobile home park and city Reservoir #4 is located in this area. 19.The site in question is presently zoned R-l,Single Family Residential,and is vacant land. 20.The city's adopted Comprehensive Plan designates the land use for the site in question and all the areas immediately surrounding it as residential. 21 The city's Zoning Ordinance presently does not require a development plan as part of a request for rezoning land. 22.The Planning Commission and City Council have approved rezoning two parcels of land within the last twelve months without a specific development plan: approximately 12 acres of land between Nelson and Sharon Streets rezoned from R-l,Single Family Residential,to R-3,Multi-family Residential,on March 10,1981;and approximately 34 acres of land west of Highway 17 between Kittleson Road and Interstate 90 rezoned from Agriculture to C-2,Limited Commercial (25 acres)and C-4,Tourist Commercial (9 acres)on February 10, 1981. 23.The Planning Commission recommended denial of the zone change request at their August 13,1981 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 a request to rezone land within the city's corporate limits if the criterion required by law is met. 2.The City Council,at their August 25,1981 regular meeting,found it to be improper to continue considering Mr.Wutzke's request to rezone approximately 14 acres of land from R-l,Single Family Residential,to R-3,Multi-family Residential.The City Council,at their August 25,1981 regular meeting, denied the first reading of the ordinance providing for this rezone request. n 3190 DECISIONS 1.The approximately 14 acres of land owned by Mr.G.P.Wutzke which is legally described in the herein Findings of Fact and which is presently zoned R-l, Single Family Residential,is hereby denied a rezone to R-3,Multi-family Residential. Dated this 27th day of August,1981