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1982 05 113487 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR MEETING May 11,1982 POLICE/COUNCIL FACILITY 8 p.m. Members Present:Harvey Vernier,Charles Edwards,Norm Johnson,Wayne Rimple, Bill Reese,Bob Wallenstien,and Dick Siegert The meeting was called to order by Mr.Johnson at 8 p.m. Mr.Edwards requested that the minutes show that the withdrawal of Ordinance 916 would not affect the fire insurance rates for the people in the city. Mr.Edwards also requested that the minutes be changed to show that the election date for the library annexation would be September 14. Mr.Wallenstien moved that the minutes be approved as amended,seconded by Mr. Rimple,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $24,417.86 STREET 4,418.47 ARTERIAL STREET 463.72 BLOCK GRANT 17,063.96 U.C.I.4,861.13 WATER/SEWER 95,300.24 SANITATION 22,679.43 WATER/SEWER CONSTRUCTION 8,040.79 EQUIPMENT RENTAL 16,132.11 FIREMENS PENSION 145.53 TOTAL $193,523.24 Mr.Edwards moved that the bills be approved as submitted,seconded by Mr.Reese, 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 William Moe stated that he wished to speak on the amount of debris on the streets of the city in the form of abandoned vehicles,unlicensed vehicles,hulks,or those that are undergoing repairs for months at a time.He felt that the city should be more active in seeing that the vehicles are removed. Joseph K.Gavinski,City Manager,stated that the city does not have an ordinance concerning automobile hulks but it comes under state law.He stated that this problem is one of the ones assigned to the Building Official.He has a great many duties and perhaps the enforcement on this particular problem is not what it should be but it is the best that can be done with the personnel the city has. II.CONSENT AGENDA Mr.Edwards moved that the following items on the Consent Agenda be approved: 1.Resolutions -accept quit claim deeds -Clover Drive -Engle /OVO 2.Consideration of Bids -banking services -Rainier National Bank //J^ 3.Request to Call for Bids -water meters //^^ seconded by Mr.Wallenstien,and passed unanimously. III.CONSIDERATION OF BIDS None 3488 CITY COUNCIL MINUTES:2 May 11,1982 IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION -GRANT COUNTY COMMISSIONERS - PUBLIC TRANSPORTATION ^\\J Jim Neal,attorney from Ephrata,stated that he is the former chairman of the advisory committee for the Grant County study on public transportation.He stated that he would like to invite the city to participate in a work/study session in Moses Lake to discuss whether the County Commissioners should proceed with a pro gram of developing public transportation. Joseph K.Gavinski,City Manager,stated that there had originally been a request to set a study session by Julian Agranoff and the Council wished to hear what the study session would involve before setting one. Mr.Neal pointed out that at the last election it was voted on by the people of Grant County to have a public transportation area organized and bring it back to the people again.That is what the county is in the process of doing at this time. Julian Agranoff stated that the feasibility study has been presented to the County Commissioners and accepted by them.At the election about 55%of the voters stated they wished additional information on this subject and the Commissioners feel they have an obligation to proceed.They would like to meet with the City Councils of Ephrata and Moses Lake to see if there is any interest in the two communities.He stated that if there is interest,they will reconvene the Public Transportation Improvement Conference and then proceed with establishment of boundaries and form a PTBA. A study session was set for June 1 or 15,whichever is most convenient for the County Commissioners. PUBLIC HEARING - ORDINANCE - THOMPSON REZONE - 2ND READING \p A letter was read from Rita Perstac,Community Development Director,which stated that Carl and Minnie Thompson have requested that approximately one acre of their property located behind the Cope!and Lumber Yard and southwest of the Larson Play- field be rezoned from R-3,Multi-family Residential,to C-2,Limited Commercial. 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.Wallenstien, 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.Siegert moved that the second reading of the ordinance and the Findings of Fact be adopted,seconded by Mr.Wallenstien,and passed with Mr.Vernier abstaining due to the appearance of fairness doctrine. \0 V.ORDINANCES AND RESOLUTIONS ORDINANCE -REPEAL CHAPTER 16.52 (FIRE EXTINGUISHER SYSTEMS)-1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented.an ordi nance repealing Chapter 16.52 of the Moses Lake Municipal Code entitled "Installa tion and Maintenance of Fire Extinguisher Systems."This matter surfaced after the Wenatchee Valley Clinic asked the Council for an exemption of the requirement to put in a sprinkler system.If the Council wishes to discuss this matter further,staff is prepared to do so.The Fire Chief will discuss the reasons for the ordinance and the possibility of amending the ordinance. Russ Beeman,Fire Chief,stated that the ordinance was adopted three years ago to save the taxpayers money for fire protection.In some cases this may place a burden on developers.This would be a temporary situation as in most cases the amount of money put into a sprinkler system is repaid in reduced insurance rates. He pointed out that if the city continues in a growth pattern and does not keep up the fire protection force to go with it,there could be deficiencies that would affect the insurance class.He pointed out that the ordinance is not unique to CITY COUNCIL MINUTES:3 May 11,1982 Moses Lake.It is on the books in many cities in the state.He stated that an ordinance of this kind allows the city,by building in protection,to reduce thb cost of fire protection in the future.He stated that if the Council does not the present square footage requirement is fair,the ordinance can be amended, stated he would prefer to have it amended rather than having it thrown out. Mr.Rimple stated that he felt the Council should study the square footage and height requirements in the ordinance. Mr.Edwards felt that perhaps there should be a combination of square footage and/or height and maybe the purpose for which the building will be used. 3489 feel Mr.Vernier stated that the city comes under the Uniform Building Code and he it was restrictive enough. fslt Chief Beeman pointed out that the Uniform Building Code does not take into accotint the fire loss figures and what a city has to pay for fire protection. Mr.Edwards moved that sections 16.52.040 and 16.52.050 be deleted,seconded by Mr. Siegert. Mr.Gavinski pointed out the ordinance is more restrictive than the Uniform Fire Code and if these two sections are deleted,the only thing left is a 4-hour firp wall. The motion passed with Mr.Rimple,Mr.Wallenstien,and Mr.Johnson opposed. James A.Whitaker,City Attorney,stated that Mr.Edwards'motion in effect waslto amend the proposed ordinance to repeal Moses Lake Municipal Code Section 16.52.040 and 16.52.050.The Council should now act on the amended proposed ordinance. Mr.Vernier moved that the first reading of the amended ordinance be adopted, seconded by Mr.Siegert,and passed with Mr.Ripmle,Mr.Wallenstien,and Mr. Johnson opposed. ORDINANCE -SUBDIVISION ORDINANCES - 1ST READINGS A letter was read from Rita Perstac,Community Development Director,which pre sented the definition ordinance and the short and major subdivision ordinances. The only unresolved issue at this time is whether or not a plat certificate be required at the preliminary plat stage. /of/ sholild The ordinance repealing Chapter 17.08 of Title 17 of the Moses Lake Municipal and establishing a new Chapter 17.09 of Title 17 of the Moses Lake Municipal was read by title only. Cade Code Mr.Wallenstien moved that the first reading of the ordinance be adopted,seconded by Mr.Vernier. Mr.Rimple stated that he felt it was not necessary to require a plat certificate for a preliminary plat. James A.Whitaker,City Attorney,stated that a title report is required by state law only for the approval of a subdivision that contains a dedication.It is u? to the Council to decidei whether^r not a plat certificate shouTd be,required for preliminary:^Hts and;for short and major final subdivisions. The motion passed unanimously. The ordinance repealing Chapter 17.12 of the Moses Lake Municipal Code entitled "Subdivisions"in its entirety and establishing a new Chapter 17.13 of the Moses Lake Municipal Code entitled "Short Subdivisions"was read by title only. Mr.Edwards moved that the requirement for a plat certificate for a short plat deleted and the first reading of the ordinance be adopted,seconded by Mr.Wall enstien,and passed with Mr.Siegert opposed. :>e The ordinance repealing Chapters 17.16,17.20,and 17.24 in their entirety and enacting a new Chapter 17.17 entitled "Major Subdivision"of Title 17 of the M< Lake Municipal Code was read by title only.Moses Mr.Wallenstien moved that the first reading of the ordinance be adopted,by Mr.Vernier,and passed unanimously.K 'seconded 3490 CITY COUNCIL MINUTES:4 May 11,1982 ,0 VI.REQUESTS TO CALL FOR BIDS BLOCK GRANT -COMFORT STATION A letter was read from Cecil Lee,Park and Recreation Director,which requested Council authorization to call for bids for the comfort station at Peninsula Park. Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Wallen stien,and passed with Mr.Edwards opposed. VII. REFERRALS FROM COMMISSIONS j ORDINANCE -BBCC SOUTH CAMPUS ANNEXATION -1ST READING A letter was read from Rita Perstac,Community Development Director,which stated that the Planning Commission considered the annexation request for approximately 120 acres of land commonly known as the South Campus and recommended that the area be zoned Agriculture. Joseph K.Gavinski,City Manager,stated that the Planning Commission discussed the zoning,which was requested to be Industrial.The Council should consider if the area should be annexed and also the zoning.He pointed out that another option is available and has been discussed by staff.If the industrial zone of the city is unacceptable,there is a concept called "contract zoning."Contract zoning is fairly new but is acceptable if the requirements are maintained and fairly strict. The city would allow the rezone if very specific items such as the type of uses to be included in the area are set forth by the developer or subdivider or land owner. Lee Barton stated that they are thinking of a high technology facility in this area.He pointed out that they are concerned with the look of the area and want to have a good rapport with the people of the area.He stated that Ted Hemphill, Project Team Development,has had 25 years as director of industrial development.in the state and is aware of the type of firms interested in locating in Washington. Mr.Hemphill stated that he has worked with the Port and the PUD on most of the major industrial projects in the area.He stated that there is a tremendous short age of zoned industrial sites in the state.He stated that Moses Lake is strategi cally located geographically in regard to everything that is going on from Boise to Spokane to Everett to Vancouver and Portland.There are many amenities at Moses Lake including an unemployment rate of 13%.The electronic industry will probably be the largest growing moving sector in the entire world.He stated that the electronics industry is $100 billion and by 1990 it will be $400 billion and there is the possibility of micro-electronics,also.He pointed out that the corridors are pretty limited to 1-90 and 1-5 and a population center.Moses Lake has many assets including a solid,productive labor force and one of the best community colleges in the state that is vocationally oriented.He felt the diversification of industry is a goal that should be looked at.He pointed out that zoning plays a very critical role in the community and the plans of the developers of this prop erty is for a high technology industry.He felt that the city has enormous poten tial because of the airport which will take a 747 and the major truck route.The city is already involved in high technology in the food industry and as soon as the water problems are resolved the Second Bacon Siphon will be completed.He felt that there is a need for an industrial park in the city and is long overdue. Mr.Siegert wanted to know if there is any kind of firm commitment from a high technology oriented firm?Mr.Hemphill stated that there is no firm commitment because they have to put a package together listing all the advantages of a partic ular site or area. Mr.Rimple pointed out that the Planning Commission was concerned about what is allowed in an industrial zone and the city has no assurance from a developer that he will adhere to what he says in order to get the proper zoning. There was some disccusion by the Council and the possibility of changing the city's industrial zone was considered.Mr.Gavinski pointed out that it would take about two months to get the industrial zone portion of the Zoning Ordinance changed. Mr.Gavinski pointed out that if the Council wished to proceed on the annexation ordinance without considering the zoning question,the second reading of the annex ation ordinance would be held at the next meeting of the Council and the first reading of a zoning ordinance could be considered at the first meeting in June. it? *I CITY COUNCIL MINUTES:5 May 11,1982 The 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 by title only. Mr.Wallenstien moved that the first reading of the ordinance be approved with zoning to be presented at the next Council meeting,seconded by Mr.Reese and passed with Mr.Siegert opposed. VIII. OTHER ITEMS FOR COUNCIL CONSIDERATION HUMANE SOCIETY LEASE A letter was read from Joseph K.Gavinski,City Manager which presented a lease agreement and a supplemental agreement between the Moses Lake/Grant County Humajie Society and SPCA and the city.The lease agreement leases a certain amount of estate to the Humane Society for 50 years at $1 per month per year.The Humane Society intends to construct an animal control facility upon the leased real pr|>p erty. 3491 read the /0f3 real Mr.Gavinski pointed out that the lease agreement should read $1 per year. Marilyn Bertram from the Humane Society invited the Council to the ground break ceremony Thursday,May 27 at 11 a.m. ing Mr.Edwards stated that he was opposed to a 50 year lease as he felt that was long.He would like to see it changed to 25 years. too Mr.Rimple moved that the lease agreement be changed to read $1 per year and be approved,seconded by Mr.Siegert,and passed with Mr.Edwards opposed. IX.COUNCIL QUESTIONS AND COMMENTS ABANDONED VEHICLES Mr.Reese wanted to know if something could be done about the junk cars on the streets before the Spring Festival. //<?7 James A.Whitaker,City Attorney,pointed out that the car can remain on the street for 24 hours after it is first noticed.Then a notice is placed on the vehicle to remove it within 72 hours.He also pointed out that if the car is worth more than $50 an effort must be made to locate the registered owner. Joseph K.Gavinski,City Manager,also pointed out that after the Building Official contacts the owner to remove the vehicle he sometimes finds it in another part of town.He stated that this is a reoccurring problem and it is a difficult one tp bring to a solution. X. CITY MANAGER REPORTS AND COMMENTS WASTE WATER TREATMENT FACILITY Joseph K.Gavinski,City Manager,stated that the city has submitted a grant cation to the Department of Ecology for Referendum 29 grant monies.The city now on the proposed fundable list.The city will know after May 27 if it wil continue on the funding list.That is for a 50%grant which would be about $ million and the city will have to come up with approximately $4.9 million to million.He stated that the staff will discuss this with the Council at thei 18 study session. SALES TAX i .9 $5.5 r May Joseph K.Gavinski,City Manager,stated that ESB 4972 concerns the sales tax, development fees,real estate excise tax,ramping down of utility taxes,etc.He stated that the staff is gathering as much information as possible on this bill as there is still some confusion on how to go about implementing it as it relates to utility taxes and development fees. GROWTH MANAGEMENT //o~> D Jospeh K.Gavinski,City Manager,stated that there is a study session on growth management on Tuesday,May 18 at 8 p.m. 3492 CITY COUNCIL MINUTES:6 May 11,1982 °itP UNION CARBIDE Joseph K.Gavinski,City Manager,stated that the city and Union Carbide have agreed to the terms of the Waste Water Discharge Permit to Union Carbide.They have asked for a letter as to the city's intent in granting a permit along the lines that the city has proposed with the additional increase in total dissolved solids that they had wished.He stated that Union Carbide wants a certain capacity of the waste water treatment plant which is fine until such time as some other party may also wish to use that at which time payment would be required.He stated that he would be bringing the permit back to the Council for approval at a future meeting. The regular meeting was recessed at 9:50 p.m.and the Council met in an executive session to discuss personnel matters.The executive session was adjourned at 10:15 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 10:15 p.m. JohnS/dn/Mayor ATTEST: City Clerk n 3493 BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON In the matter of: Rezone request of Carl and Minnie Thompson Findings of Fact ) This matter,having come on before the Moses Lake City Council for action on the 11th day of May,1982,now makes the following: FINDINGS OF FACT 1.Carl and Minnie Thompson,Moses Lake,Washington,own approximately one acre of land located behind the Copeland Lumber Yard at the intersection of Broad way and Yakima Street and southwest of the Larson Playfield,legally described as follows: That portion of the SW%of the SE%of Section 28,Township 19N,R28 EWM Grant County,Washington,described as in the vicinity of:Beginning at the most northerly corner of Thompson Plat #1,thence south 45°32'30"east,a distance of 430 feet to the true point of beginning,thence continuing south 45°32'30" east,a distance of 140 feet,thence south 44°27'30"west,a distance of 445 feet more or less,to a point bearing south 44°27'30"west of the true point of beginning;thence north 44°27'30"east,a distance of 355 feet,more or less,to the true point of beginning. 2.The above legally described land owned by Carl and Minnie Thompson is presently zoned R-3,Multi-family Residential,and the Thompsons have requested their property be rezoned to C-2,Limited Commercial. 3.The land in question is currently vacant land. 4.The area immediately to the north,northwest,and southwest is presently zoned C-2,Limited Commercial;to the southwest,south,and east is presently zoned R-3,Multi-family Residential. 5.A public hearing before the Planning Commission scheduled upon notice on the issue of rezoning the land in question was held April 15,1982. 6.There were no comments from the public nor were there any written protests by any persons filed with the City of Moses Lake. 7.The Planning Commission recommended approval of the zone change request at the April 15,1982 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 Carl and Minnie Thompson,no opposition to rezoning the said land of approximately one acre from R-3,Multi-family Resi dential,to C-2,Limited Commercial. 3.Since the area in question is adjacent to existing C-2,Limited Commercial, 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 Carl and Minnie Thompson from R-3,Multi-family Residential to C-2,Limited Commercial would serve the best interests of the residents of the City of Moses Lake and bear a substan tial relationship to the public welfare of the entire community. f/9o 3494 DECISION 1.The approximately one acre of land owned by Carl and Minnie Thompson which is legally described in the herein Findings of Fact and which is presently zoned R-3,Multi-family Residential,is hereby rezoned C-2,Multi-family Residen tial . 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 May 20,1982 with the necessary ordinance being passed May 11,1982. CITY OF MOSES LAKE