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1982 04 273479 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR MEETING April 27,1982 POLICE/COUNCIL FACILITY 8 p.m. Members Present:Harvey Vernier,Charles Edwards,Norm Johnson,Wayne Rimple, Bill Reese,Bob Wall enstien,and Dick Siegert The meeting was called to order by Mr.Johnson at 8 p.m. Mr.Reese moved that the minutes of the meeting of April 13 be approved as submit ted,seconded by Mr.Wallenstien,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $27,012.47 STREET 6,924.30 BLOCK GRANT 15,777.45 CONVENTION CENTER RESERVE 75.00 PARK &RECREATION RESERVE 165.97 WATER/SEWER 25,261.11 SANITATION 6,218.97 WATER/SEWER CONSTRUCTION 46,814.02 * EQUIPMENT RENTAL 3,348.37 FIREMENS PENSION 878.23 ECONOMIC ASSISTANCE AUTHORITY 23,774.17 TOTAL $156,250.06 Mr.Wallenstien moved that the bills be approved as submitted,seconded by Mr. Rimple,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply and Mr.Edwards abstaining from voting for that portion of the bills to Coast-to-Coast. I.CITIZEN INPUT None II.CONSENT AGENDA Mr.Edwards moved that the following items on the Consent Agenda be approved: 1.Claim for Damages -Request to Settle -Vail /d2*S 2.Request to Call for Bids -Block Grant -Job 063-AP /o3? 3.Set Date for Public Hearing -Shoreline Master Plan Amendments //</3 4.Authorization to Sign Agreement -Dept.of Transportation /o/& seconded by Mr.Wallenstien,and passed unanimously. III.CONSIDERATION OF BIDS BLOCK GRANT -HOUSING A letter was read from Richard Kelly,Chairman of the Citizens Advisory Committee, which recommended that Sun Basin Construction be awarded the bid on Job #061-AN. Mr.Rimple moved that the bid be awarded to Sun Basin Construction for $5,856.50, seconded by Mr.Edwards,and passed unanimously. CONCRETE SAW A letter was read from Robert Townsend,Public Works Director,which recommended ^ that the bid from Safway Supply Co.for the concrete saw be accepted. Mr.Rimple moved that the bid be awarded to Safway Supply Co.for $5,973.73, seconded by Mr.Siegert,and passed unanimously. 3480 CITY COUNCIL MINUTES:2 April 27,1982 IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS n COMMUNICATION -WENATCHEE VALLEY CLINIC V A letter was read from Rita Perstac,Community Development Director,which stated that the Wenatchee Valley Clinic is requesting that the sprinkler requirements for their new medical facility be waived. Joseph K.Gavinski,City Manager,stated that a variance to the ordinance cannot be granted.The Council could direct the ordinance requiring the sprinkler system be modified,additional information could be presented to the Council,or the Council could deny the request. Mr.Rimple stated that he is opposed to the ordinance requiring buildings over 12,000 square feet to be sprinkled. Russ Beeman,Fire Chief,stated that the ordinance requirements are pretty much the same throughout the state.He stated that the ordinance was implemented in order for the Fire Department to maintain the level of service currently in effect with out having to increase personnel or equipment. Mr.Rimple wanted to know if smoke alarms or fire alarm systems would give the Fire Department the ability to fight a fire if they arrived on time. Mr.Beeman pointed out that early warning systems are designed to alert people to move out of the building.They do not extinguish fires. Mr.Edwards wanted to know if the withdrawal of Ordinance 916 would affect the fire insurance for the people in the city.Mr.Gavinski stated that it would affect the level of fire protection provided by the city. Mr.Siegert felt that the owner of a building should have the option of whether or not to have the protection of a sprinkler system. A6 Mr.Edwards moved that Ordinance 916 be rescinded,seconded by Mr.Siegert,and passed with Mr.Rimple and Mr.Wallenstien opposed. PUBLIC HEARING -ORDINANCE -WUTZKE REZONE -2ND READING A letter was read from Rita Perstac,Community Development Director,which stated the G.P.Wutzke has requested that his property located in Battery Orchard Tracts be changed fro 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.Rimple moved that the public hearing be closed,seconded by Mr.Wallenstien, and passed with Mr.Vernier abstaining due to the appearance of fairness doctrine. The ordinance amending Section 18.09.020 of Chapter 18 of the Moses Lake Municipal Code entitled "Zoning"was read by title only. Mr.Rimple moved that the Findings of Fact be accepted and that the second reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed with Mr. Vernier abstaining due to the appearance of fairness doctrine. PUBLIC HEARING - ORDINANCE - AMEND 1982 BUDGET - 2ND READING \)]A letter was read from Walter Fry,Finance Director,which presented an ordinance amending the 1982 Budget. The public hearing was opened.There were no comments,so the public response was closed. Mr.Rimple moved that the public hearing be closed,seconded by Mr.Edwards,and passed unanimously. The ordinance amending the 1982 Budget for the City of Moses Lake was read by title only. Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. 3481 CITY COUNCIL MINUTES:3 April 27,1982 V.ORDINANCES AND RESOLUTIONS ORDINANCE -FRANCHISE -BURLINGTON NORTHERN - 2ND READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance granting a franchise to Burl.ington Northern Railroad for the right to con struct,maintain,and operate a railway track at grade over and across Alder Street. The ordinance granting a franchise to Burlington Northern and their successor and assigns,the right to construct,maintain,and operate a railway track at grade over and across Alder Street in the City of Moses Lake,Washington was read by title only. Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS FEES AND CHARGES -PARKS AND RECREATION ADVISORY COMMISSION ni} Cecil Lee,Park and Recreation Director,stated that the the Advisory Commission A put in a lot of time in discussing and and setting the fees. There was some discussion by the Council. Mr.Edwards moved that the fees be accepted,seconded by Mr.Reese,and passed unanimously. Mr.Lee stated that the Park and Recreation Commission is recommending that for the swimming pool season passes be done away with and the summer season be shorted by two weeks because during fair time attendance is way down.Also,the pool will be closed one hour earlier during the day if there is not a heavy demand.During the early part of summer it is planned to have swimming at a reduced rate or free swimming in order to bring in more people and perhaps get them to come back. Mr.Rimple moved that the Park and Recreation Advisory Commission be authorized to research out-of-city fees,seconded by Mr.Wallenstien,and passed unanimously. ORDINANCE - THOMPSON REZONE - 1ST READING //?o A letter was read from Rita Perstac,Community Development Director,which presented an ordinance for the rezone of property located behind the Copeland Lumber Yard and southwest of Larson Playfield.This property is owned by Carl and Minnie Thompson and they are requesting that it be changed from R-3,Multi-family Residential,to C-2,Limited Commercial. The ordinance amending Section 18.09.020 of Chapter 18 of the Moses Lake Municipal Code entitled "Zoning"was read by title only. Mr.Rimple moved that the first reading of the ordinance be adopted,and a public hearing be set for May 11,seconded by Mr.Siegert,and passed with Mr.Vernier abstaining because of the appearance of fairness doctrine. ANNEXATION - BBCC SOUTH CAMPUS -NOTICE OF INTENT A letter was read from Rita Perstac,Community Development Director,which stated /OCi that the Planning Commission recommended that the BBCC South Campus be annexed including the small parcel in the northwest corner to square out the boundary. Mr.Edwards moved that the Notice of Intent to annex be accepted and a petition be drawn which includes language for the assumption of all outstanding indebtedness, the simultaneous adoption of the Comprehensive Plan,and the zoning,seconded by Mr.Wallenstien,and passed unanimously. tf oH 3482 CITY COUNCIL MINUTES:4 April 27,1982 ^VARIANCE REQUEST -PLATTING REQUIREMENTS -ALDRICH \A letter was read from Rita Perstac,Community Development Director,which stated that Richard Aldrich,owner of the Arco Service Station located south of 1-90 on Westlake Street,was granted a Conditional Use Permit to operate a seasonal fruit and produce stand at the service station.After this permit was granted it was discovered that Mr.Aldrich's property is not platted and a building permit cannot be issued for a building on unplatted property.The Planning Commission recom mended that an exemption to the platting requirements be granted. The resolution allowing The Country Store to build on unplatted property was read by title only. Mr.Wallenstien moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION v CITY INSURANCE ^A letter was read from Joseph K.Gavinski,City Manager,which stated that the South Grant County Association of Insurance Agents has requested that the city stop doing business with the current insurance broker,Rogers and Norman,and start doing business with them.He recommended that the city remain with Rogers and Norman as the city's past experience with them has been very satisfactory.He recommended,if the Council decides to stay with Rogers and Norman,that it be for a period of at least three years. Mr.Gavinski stated that the most recent request came from L.W.Shafer Insurance Co.and not the South Grant County Association of Insurance Agents.He also pointed out that Mr.Johnson and Mr.Edwards were on a committee appointed by the Council to review the city's insurance. There was some discussion by the Council and Mr.Vernier wanted to know why a three year time limit is requested.Mr.Gavinski stated that he would recommend the three year limit because of the amount of time that is spent in reviewing the requests. Mr.Wallenstien moved that the city continue with Rogers and Norman and that it be reviewed annually,seconded by Mr.Reese,and passed unanimously. GAMBLING TAX p Mr.Reese stated that he would be abstaining from any participation in this item. Joseph K.Gavinski,City Manager,stated that this item is a hold over from the previous Council meeting. Mr.Edwards stated that the state oks the 5%and most cities and counties charge the 5%tax.He did not feel that any place would have gambling equipment unless they were making a profit.He pointed out that if any changes are made it puts the city's budget out of whack. Mr.Edwards moved that the request to reduce the gambling tax to 2h%be denied, seconded by Mr.Wallenstien. There was some discussion by the Council on how much time and effort is spent by the Police Department on enforcing the gambling laws. James A.Whitaker,City Attorney,stated that in 1977,using undercover agents,6 illegal gambling operations were detected.He stated that a great deal of time and money was spent in getting these illegal operations busted up. The motion passed with Mr.Wallenstien,Mr.Edwards,and Mr.Vernier in favor,Mr. Rimple and Mr.Johnson opposed,Mr.Siegert abstaining,and Mr.Reese excused from voting due to a conflict of interest. Mr.Rimple requested that the record show that the 5%gambling tax will be discussed again during budget negotiations. 3483 CITY COUNCIL MINUTES:5 April 27,1982 CIVIC/CONVENTION CENTER DESIGN RESEARCH PROPOSAL A letter was read from Mark Fuhriman and Layne Stark which stated that they had learned that a convention/civic center study has been done by Harvey Vernier and by the Chamber of Commerce.They are still interested in providing this service if the Council should determine that a civic/convention center design research study would be useful. Mr.Fuhriman stated that they are still interested in doing the study and would propose that a Councilman accompanying either he or Mr.Stark on the fact finding trip.He felt that a civic/convention center would be essential to the revitaliza- tion of the downtown area.The alternate proposal would be for one person to do the design and review,the visit to other cities,and the data compilation and site recommendations which would cost approximately $5,000.The facility site and support requirements,evaluation and planning would be approximately $4,900.This would be a total of $9,900. Mr.Siegert wanted to know where the money would come from to build this prospective center.Mr.Fuhriman stated that it may be possible to create a civic/convention center district and local financial support. Mr.Rimple pointed out that the Downtown Redevelopment Committee has presented a definite proposal for promoting and updating the city. Mr.Vernier stated that in the past the citizens of Moses Lake have been left out of the planning of things such as this and he felt they should be included in any planning for a civic/convention center. Mr.Wallenstien stated that he was in agreement with Mr.Vernier and he has been interested in a civic/convention center in Moses Lake for several years.He did not wish to discourage this study but did not know if such a study as proposed by Mr.Fuhriman is needed at this time. Mr.Wallenstien moved that the request be tabled until Mr.Fuhriman and Mr.Stark can show that there is enough community backing to their idea that it would be a worth while activity for the Council to expend money on,seconded by Mr.Edwards, and passed unanimously. NORTH CENTRAL REGIONAL LIBRARY -ANNEXATION A letter was read from Joseph K.Gavinski,City Manager,which stated that the Board of Trustees of the North Central Regional Library has concurred with the city's annexation request with conditions. A letter was read from Mike Lynch,Director of the North Central Regional Library, which stated that the Board of Trustees approved with conditions the city's annexa tion request. Mr.Gavinski stated that the North Central Regional Library does not have to pro vide a library building.They have conditioned acceptance of the city's annexation request on the fact that the city will provide the library building and all main tenance and operation costs if the city wants a library building for its residents. They have indicated they would negotiate on the maintenance and operation costs but will not enter into a purchase agreement for the building nor any capital projects. Mr.Edwards stated that he was in favor of the annexation and he felt the city should supply the building.The city would also take care of the grounds and up keep on the building.He pointed out that the Library Board has requested the city pay the utilities,janitorial service,insurance,and other amenities and he did not feel the city should have to pay these expenses. Mr.Rimple felt that the citizens had stated they wanted a library at any cost. Mr.Wallenstien felt that the reaction of the Library Board in the past has been mostly in the nature of an ultimatum.He felt that the city wanted a library but not at the whim of the North Central Regional Library. Mr.Vernier stated that he felt the time to negotiate conditions was at the Regional Library Board meeting.He felt that at this time the decision had to be made on whether or not the city wished to proceed with the annexation. //0 7 3484 CITY COUNCIL MINUTES:6 April 27,1982 James A.Whitaker,City Attorney,stated that the only thing the Council must decide tonight is when to have the election.He stated that by statute the annexa tion request is forwarded to the County Commissioners by the Library Board.He pointed out that by law the Library Board cannot place conditions on an annexation. Mr.Edwards moved that it be on the ballot for September 18,1982,seconded by Mr. Reese,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS None X. CITY MANAGER REPORTS AND COMMENTS BLOCK GRANT HUD BRIEFING IN MOSES LAKE Joseph K.Gavinski,City Manager,stated that there will be a meeting on the state's Block Grant Program in the Big Bend Community College library basement from 10 a.m. to 3 p.m.on Wednesday,April 28. n SALES TAX^ \\°Joseph K.Gavinski,City Manager,stated that the sales tax received by the city for the months of January and February was $65,000.This is a reduction of 13.3% from the same period last year. (£INVESTMENT REPORT The Investment Report for March 1982 was presented for Council information. TRANSPORTATION STUDY Joseph K.Gavinski,City Manager,stated that a request has been made by Julian Agranoff and Jim Neal to discuss a transportation program,a PTBA.They would like to discuss this at a study session if the Council desires. There was some discussion by Council and it was decided to have Mr.Agranoff give a brief presentation at the next Council meeting before a study session is set. POLICE RESERVES Police Chief Sharp stated that Joe Trujillio,Kevin Nixon,Robert Inzunza,and Rory Steffler of the Police Reserves have completed 142 hours of Police Department training. The regular meeting was recessed at 10 p.m.and the Council met in an Executive Session to discuss litigation and real estate matters.The Executive Session was adjourned at 10:15 p.m.and the regular meeting was reconvened.The regular meet ing was adjourned at 10:15 p.m. i^ City Clerk ~~T]^" Norman JohnsonT/^vT3r ATTEST: 3485 BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON In the Matter of: Rezoning Request of Mr.G.P.Wutzke )Findings of Fact This matter having come on before the Moses Lake Planning Commission for action on the 25th day of March,1982,now makes the following: FINDINGS OF FACT //#> 1.Mr.G.P.Wutzke,Tacoma,Washington,owns approximately fourteen acres of land located just south of 1-90 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 31,1981 meeting,after conducting a public hearing,denied Mr.Wutzke's first 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 Commer cial. 4.The Planning Commission,at their August 13,1981 meeting,after conducting a public hearing,denied Mr.Wutzke's second request for rezoning fifteen acres in this same area -from R-l,Single Family Residential,to R-3,Multi-family Residential. 5.The City Council,at their August 25,1981 meeting,denied the first reading of the ordinance providing for the request to rezone fifteen acres owned by Mr.G.P.Wutzke from R-l,Single Family Residential,to R-3,Multi-family Residential. 6.The approximately 14 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-convention center complex. 7.A public hearing before the Planning Commission scheduled upon notice on the issue of rezoning the land in question was held March 25,1982. 8.Al Schmidt,owner of the Lakeshore Motel,3206 W.Lakeshore Drive,Moses Lake,Washington,appeared during the public hearing and stated that he is not opposed to this rezone. 9.Dr.Rector,3312 Lakeshore Drive,Moses Lake,Washington,appeared during the public hearing and stated that if there is a buffer of R-l along Lakeshore Drive he would have no objection to the zone change. 10.Tom Wutzke,Tacoma,Washington,appeared during the public hearing and stated that they wished to attract a motel/convention complex to this area. 11.No other persons appeared during the public hearing other than Mr.Schmidt, Dr.Rector,and Tom Wutzke nor were there any written protests filed with the City of Moses Lake. 12.The Planning Commission and Mr.Wutzke discussed and agreed to slightly expand the zone change boundary to the west and parallel to Lakeshore Drive so that the buffer strip between Lakeshore Drive and the area to be rezoned would be of a consistently even depth and so that the area to be rezoned would have a squared-out southwesterly boundary. 3486 13.The expanded area is the eastern half of Tract 65 of Battery Orchard Tracts. Tract 65 is owned by Mr.G.P.Wutzke,Tacoma,Washington. 14.The Planning Commission agreed to include the small triangular parcel,mea suring approximately ten feet wide and thirty feet long,located in Tract 67 south of Wanapum,owned by the Department of Transportation,State of Wash ington,in the rezone boundary so that the parcel would not be isolated from the surrounding R-3,Multi-family Zone. 15..The area immediately to the north,between Wanapum and 1-90 is owned by the State of Washington,Department of Transportation,and is presently zoned R- 3,Multi-family Residential,and is vacant land. 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 are located in this area. 19.The site in question is presently zoned R-l,Single Family Residential,and is vacant land. 20.A motel/restaurant/convention center in an R-3,Multi-Family Residential Zone,requires a Conditional Use Permit with a public hearing. 21.The city's adopted Comprehensive Plan designates the land use for the site in question and all the areas immediately surrounding it as residential. 22.The Planning Commission recommended approval of the Zone Change Request at their March 25,1982 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.There appears,after the public hearing before the City Council on the issue of rezoning the land owned by Mr.G.P.Wutzke,no opposition to rezoning the said land of approximately 16 acres from R-l,Single Family Residential,to R-3,Multi-family Residential. 3.Since the area in question is adjacent to existing R-3,Single Family Resi dential,and since a motel/convention complex requires a Conditional Use Permit,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 rezoning the land owned by Mr.G.P. Wutzke 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 16 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 rezoned R-3,Multi-family Residential. 2.The rezoning 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 April 29,1982 with the necessary ordinance being passed April 27,1982. CITY OF MOSES LAKE Norman Job