1982 10 263543
CITY COUNCIL
CITY OF MOSES LAKE
OCTOBER 26,1982
Members Present:Norm Johnson,Wayne Rimple,Charles Edwards,Norm
Staat,Harvey Vernier,Bob Wallenstien,and Bill
Reese
The meeting was called to order by Mayor Norm Johnson at 8 p.m.
Mr.Edwards moved that the minutes of the meeting of October 12 be
approved as submitted,seconded by Mr.Rimple,and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL $28,507.51
STREET 6,636.92
BLOCK GRANT 3,539.22
PARK & REC 1,440.00
WATER/SEWER 11,706.09
SANITATION 5,930.72
WATER/SEWER CONSTRUCTION 46.00
EQUIPMENT RENTAL 4,126.33
FIREMEN'S PENSION 42.73
TOTAL $125,724.52
Mr.Edwards moved that the bills be approved as submitted,seconded by
Mr.Wallenstien,and passed unanimously.
I.CITIZENS INPUT
None
II.CONSENT AGENDA
None
III.CONSIDERATION OF BIDS
LIGHTING "C"FIELD
A letter was read from Cecil Lee,Park and Recreation Director,which //'<r
recommended that the bid for lighting "C"Field at Larson Playfield be
awarded to the second lowest bidder.Inland Electrical Supply.The
lowest bid was an alternate which did not meet the bid specifications.
The Greater Moses Lake Softball Association estimates the cost of
lighting "C"Field to be in excess of $21,000;therefore permission is
requested to expend the full $7,000 budgeted by expanding the bid award
by 25%.This would allow the city to purchase additional light fix
tures at the per unit cost and pay for incidental costs to the PUD.The
Greater Moses Lake Softball Association has received $13,000 in pledges
and an interest free loan for their portion of the project.
Mr.Edwards moved that the bid be awarded to Inland Electric,seconded
by Mr.Reese,and passed unanimously.
Mr.Rimple moved that the city staff be authorized to spend the remainder
of the budgeted $7,000 for the purchase of 6 additional lights,seconded
by Mr.Reese,and passed with Mr.Edwards opposed.
IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
COMPREHENSIVE WATER SYSTEM PLAN -RESOLUTION -PUBLIC HEARING
A letter was read from Robert Townsend,Public Works Director,which
presented the ten year water plan for the city.
The public hearing was opened.There were no comments,so the public
response was closed.
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CITY COUNCIL MINUTES:2 October 26,1982
Mr.Rimple moved that the public hearing be closed,seconded by Mr.
Wallenstien,and passed unanimously.
The resolution adopting the Moses Lake Water System Plan for 1982-1992
was read by title only.
Mr.Edwards moved that the resolution be adopted,seconded by Mr.
Rimple,and passed unanimously.
V.ORDINANCES AND RESOLUTIONS
ORDINANCE -PARKING REGULATIONS -2ND READING
A letter was read from Joseph K.Gavinski,City Manager,which pre
sented an ordinance amending the parking regulations on Ivy Avenue and
Beech Street.
The ordinance designating certain street areas where stopping,stand
ing,and/or parking is regulated,restricted,or prohibited thereon by
amending Section 10.12.035 was read by title only.
Mr.Reese moved that the second reading of the ordinance be adopted,
seconded by Mr.Rimple,and passed unanimously.
ORDINANCE -AMEND 1982 BUDGET - 1ST READING
A letter was read from Walter Fry,Finance Director,which presented an
ordinance amending the 1982 Budget.
The ordinance amending the 1982 Budget for the City of Moses Lake was
read by title only.
Mr.Rimple moved that the first reading of the ordinance be adopted,
seconded by Mr.Edwards,and passed unanimously.
ORDINANCE - SALES USE TAX - 1ST READING
A letter was read from Robert West,Assistant to the City Manager,
which presented an ordinance which would establish an additional h%
sales tax.In order for the city to collect these funds in the first
quarter of 1983,the ordinance must be passed before October 31,1982.
The ordinance enacting a new chapter 3.25 of the Moses Lake Municipal
Code entitled "Sales and Use Tax:1982"which imposes a sales or use
tax upon and which is to be collected from those persons from whom the
state sales or use tax is collected,fixing the rate of tax,providing
for the administration and collection thereof,consenting to the inspection
of records and providing penalties for the violation thereof was read
by title only.
Mr.Edwards moved that the ordinance be amended to read that it would
take effect if and when the county passes a similar ordinance,seconded
by Mr.Wallenstien.
Jim Whitaker,City Attorney,stated that such an amendment is possible
but should be reworded since a time limit should be set for this to
happen or so the ordinance would die for lack of action on the part of
the county.
Mr.Wallenstien wanted to know why the city should base its adoption of
the additional ^%sales tax on action taken by the county.He stated
that the city either needs the additional funds or does not need them.
Mr.Edwards stated that he did not feel the city needed the additional
funds but if the city does not pass such an ordinance and the county
does,the county collects taxes from the residents of the city but the
city would not receive any of the funds.
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CITY COUNCIL MINUTES:3 October 26,1982
Joseph K.Gavinski,City Manager,stated that if an ordinance is en
acted by October 31,tax can be collected starting January 1,1983.He
pointed out that if the county should enact such an ordinance before
October 31,there could be a problem in getting the ordinance passed in
time to take effect at the same time as the county's ordinance.The
Council could declare this to be an emergency and pass it on its first
reading.He stated that the additional h%sales tax is not needed to
balance the 1983 budget and if it is passed the money could be ear
marked for some specific activities such as street construction,re
serve fund for capital improvements,etc.
Mr.Wallenstien pointed out that this tax was made available to cities
to make up for the revenue lost because of the reduction in the utility
tax.
Mr.Rimple stated that he felt the city needs the additional money.
There are projects the city needs to do and the costs could double in
the next year or two.With the funds raised by this tax the city could
do some of these projects.He also pointed out that the city could use
some additional equipment to better serve the citizens of Moses Lake.
Mr.Reese stated that the property taxes will probably go up as well as
the sewer rates to help the city pay for the new wastewater treatment
plant.He did not feel that more taxes should be imposed at this time.
The motion failed with Mr. Edwards and Mr. Reese in favor and Mr.
Rimple,Mr.Wallenstien,Mr.Johnson,Mr.Vernier,and Mr.Staat opposed.
Mr.Wallenstien moved that the first reading of the ordinance be adopted,
seconded by Mr.Rimple,and passed with Mr.Johnson,Mr.Staat,Mr.
Wallenstien,and Mr.Rimple in favor and Mr.Reese,Mr.Vernier,and
Mr.Edwards opposed.
RESOLUTION - ENERGY CONSERVATION ASSISTANCE REQUEST
A letter was read from Joseph K.Gavinski,City Manager,which stated
that the Washington State Energy Office has offered its assistance to
the City of Moses Lake in the examination of energy conservation mea
sures and renewable resource opportunities.
A resolution setting forth requests regarding energy conservation areas
was read by title only.
Mr.Rimple moved that the resolution be adopted,seconded by Mr.Edwards,
and passed unanimously.
VI.REQUESTS TO CALL FOR BIDS
FUEL SUPPLY
A letter was read from Robert Townsend,Public Works Director,which /O/Y
requested permission to advertise for bids for the city's annual fuel
contract.
A letter was read from Bill Newell,Public Works Superintendent,which
stated that the city's agreement with Chevron USA for supplying gas
expires on October 31,1982.Staff is requesting permission to call
for bids for the city's gas supply.
Mr.Edwards moved that staff be authorized to call for bids,seconded
by Mr.Wallenstien,and passed unanimously.
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CITY COUNCIL MINUTES:4 October 26,1982
VII. REFERRALS FROM COMMISSIONS
INDUSTRIAL ZONING ORDINANCES -LIGHT,MEDIUM,&HEAVY - 1ST READINGS
?p Rita Perstac,Community Development Director,stated that the Planning
Commission has been working with Larry Angell,City Planner,on writing
three new industrial zoning ordinances -light,medium,and heavy -to
replace the city's one existing industrial zoning ordinance.The new
ordinances will require every industrial use to be granted a condi
tional use permit by the Planning Commission after review to ensure
that the project meets the performance standards for the particular
zone in which the project is to be located.The burden of proof is
placed upon the applicant to show how the performance standards will be
met and the enforcement of the performance standards and bulk regula
tions will be done by the Building Official who will issue either a
civil infraction or a cease and desist order for a violation.
The ordinance repealing Chapter 18.42 of the Moses Lake Municipal Code
entitled "1-1,Industrial Zone"and establishing a new Chapter 18.42 of
the Moses Lake Municipal Code entitled "Light Industrial (L-I)Zone"
was read by title only.
Mr.Edwards stated that he has a problem with the "glare"section of
the ordinance since the glare from the sun is unavoidable.He stated
he would like to see any reference to glare from sunlight deleted from
this ordinance.He felt the first sentence under the Glare section
should be deleted.
Mr.Edwards moved that the ordinance be amended by deleting the first
sentence under Section J,"Glare",seconded by Mr.Rimple.
Mr.Vernier felt that glare from natural light should be an impact that
is considered.
The motion passed with Mr.Vernier and Mr.Johnson opposed.
There was some discussion by the Council on the performance standards
in the ordinance.
Mr.Wallenstien moved that the first reading of the amended ordinance
be adopted,seconded by Mr.Staat,and passed unanimously.
The ordinance establishing Chapter 18.43 of the Moses Lake Municipal
Code entitled "Medium Industrial (M-I)Zone"was read by title only.
Mr.Edwards moved that Section B of Section 18.43.050 be amended by
deleting the second sentence,and the first reading of the ordinance be
adopted,seconded by Mr.Rimple,and passed unanimously.
The ordinance establishing Chapter 18.44 of the Moses Lake Municipal
Code entitled "Heavy Industrial (H-I)Zone"was read by title only.
Mr.Edwards moved that Section B of Section 18.44.050 be amended by
deleting the second sentence and the first reading of the ordinance be
adopted,seconded by Mr.Wallenstien,and passed unanimously.
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SAFEWAY STORE ADDITION PRELIMINARY SHORT PLAT
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\K A letter was read from Rita Perstac,Community Development Director,
which presented the Safeway Stores Addition Short Plat which fronts on
Wheeler Road and consists of four lots,7.09 acres,and is presently
zoned Industrial.The plat contains a dedication of the southern half
of Wheeler Road and the following four variances:
1.The short plat be permitted to exceed the nine lots or four
acre maximum size.
2.The plat drawing scale be permitted at 1"=60'rather than the
required 1"=100'.
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CITY COUNCIL MINUTES:5 October 26,1982
3.Lots 1,3,and 4 be permitted to have less than the required
minimum width of 50'.Proposed width of Lot 1 is 49.59',Lot 3
is 25',and Lot 4 is 25'.
4.The 3:1 depth to width ratio be waived.
Mr.Edwards moved that the variances be granted,the dedication ac
cepted,and the short plat approved,seconded by Mr.Rimple,and passed
unanimously.
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
PARK AND RECREATION ADVISORY COMMISSION
Mr.Johnson requested Council approval of the appointment of Glen
Rathbone to the Park and Recreation Commission.
It was the consensus of the Council that Mr.Rathbone be appointed to
the Commission.
IX.COUNCIL QUESTIONS AND COMMENTS
None
X. CITY MANGER REPORTS AND COMMENTS
BUDGET
A study session was set for November 4 at 8 p.m.to discuss the budget.
SALES TAX
Joseph K.Gavinski,City Manager,stated that the city received $93,955 //Sf-c
in sales tax revenues for the months of July and August which is a 9.6%
increase over what was received for the same period in 1981.However,
that includes the sales tax on food.In actuality there appears to be
a 15%reduction in total revenue if the addition of the sales tax on
food is taken into consideration.
The regular meeting was recessed at 9 p.m.and the Council met in an
executive session to discuss labor relations.The executive session
was adjourned at 9:45 p.m.and the regular meeting was reconvened.The
regular meeting was adjourned at 9:45 p.m.
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ATTEST:
City Clerk
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BEFORE THE CITY COUNCIL
OF THE CITY OF MOSES LAKE,WASHINGTON
)
In the matter of:
Variance Requests for the Safeway )Findings of Fact,Conclusions,
Stores Addition Preliminary Plat )and Decision
)
This matter,having come on before the Moses Lake City Council for action on the
26th day of October,1982,now makes the following:
Findings of Fact //P
1.Western Pacific Engineering,1328 Hunter Place,Moses Lake,Washington,rep
resenting Safeway Stores Incorporated,has submitted to the City of Moses Lake
the Safeway Stores Addition Preliminary Short Plat that consists of four lots
and 7.09 acres of land and fronts on Wheeler Road in the NE%of the NW%of the
NW%of Section 24,Township 19 N,Range 28 East,WM,Grant County,Washington.
This preliminary plat is zoned 1-1,Industrial.
2.In accordance with Section 17.13.060 of the Moses Lake Municipal Code entitled
"Dedications,"the Safeway Stores Addition Preliminary Short Plat was sub
mitted with the forty-one foot dedication of Wheeler Road right-of-way located
where the plat fronts on Wheeler Road.
3.In accordance with Section 17.13.050 of the Moses Lake Municipal Code entitled
"Variances,"the Safeway Stores Addition Preliminary Short Plat was submitted
with the request for four variances to the following sections of the Moses
Lake Municipal Code:
a.Section 17.13.020 Scope:The division or redivision of land into nine (9)
or fewer lots,tracts,parcels,sites,or divisions for the purpose of
sale or lease or transfer of ownership not exceeding four (4)acres in
total area and which has not been divied into a short subdivision within a
period of five (5)years is subject to this chapter.
b.Section 17.13.030 B.5.i:Horizontal scale of the proposed plat shall be
one hundred feet (100*)to the inch.
c.Section 17.28.040 C.Lots:Lots shall be a minimum of sixty-five feet
(65')in width at the front building lines in residential areas.Lots in
other zones shall have a minimum of fifty feet (50')of usable width.
d.Section 17.28.040 D.Lots:The ratio of the depth of any lot to its width
shall not be greater than three (3)to one (1).
4.The four variance requests are:
a.The short plat be permitted to exceed the nine lots or four acre maximum
size.
b.The plat drawing scale be permitted at 1"=60'rather than the required
1"=100'.
c.Lots 1,3,and 4 be permitted to have less than the required minimum width
of 50'.Proposed width of Lot!is 49.59',Lot 3 is 25',and Lot 4 is
25".
d.The 3:1 depth to width ratio be waived.
5.The Planning Commission,at their October 14,1982 regular meeting,considered
the dedication of right-of-way and the four variance requests for the Safeway
Stores Addition Short Plat.
6.The Planning Commission,at their October 14,1982 meeting,recommended to
City Council the dedication and four variance requests as submitted by Safeway
Stores Inc.for the Safeway Stores Addition Short Plat be approved.
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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 for a
variance to the Moses Lake Subdivision Ordinance and accept a dedication of
right-of-way.
2.There appears,after the public meeting before the Planning Commission and the
City Council on the issue of the Safeway Stores Addition dedication and vari
ance requests,no opposition to approving the variances and accepting the
dedication.
3.Since the area is zoned industrial,and since the property owner of Lot 2 of
the Safeway Stores Addition Preliminary Short Plat is a participant in the
platting of the property,and since Lots 3 and 4 may be offered for sale to
adjacent property owners,and since the City of Moses Lake is cognizant of the
need for the orderly development of land within its corporate limits so as to
serve the welfare and best interests of the entire community,the City Council
of the City of Moses Lake believes that approving the variance requests and
accepting the dedication for the Safeway Stores Addition Short Plat would
serve the best interests of the residents o the City of Moses Lake and bear a
substantial relationship to the public welfare of the entire community.
Decision
1.The dedication of right-of-way and the four variance requests as submitted for
the Safeway Stores Addition Short Plat is hereby approved.
Dated this 15th day of November,1982.
CITY OF MOSES LAKE
Norman Johnsoj
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