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1983 01 253567 CITY COUNCIL CITY OF MOSES LAKE January 25,1983 Members Present:Norm Johnson,Wayne Rimple,Charles Edwards,Norm Staat,Harvey Vernier,and Bob Wall enstien Absent: 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 January 11,1983 be approved as submitted,seconded by Mr.Rimple,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $24,421.96 ARTERIAL STREET 1,125.00 WATER/SEWER 10,877.36 WATER/SEWER CONSTRUCTION 114.24 SANITATION 10,305.00 CENTRAL SERVICES 2,416.83 EQUIPMENT RENTAL 502.68 ECONOMIC ASST. AUTHORITY 23,774.17 TOTAL $73,537.24 Mr.Wall enstien moved that the bills be approved as submitted,seconded by Mr. Staat,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steeel Supply and Mr.Edwards abstaining from voting for that portion of the bills to Coast-to-Coast. PROCLAMATIONS It was the consensus of the Council that the Mayor declare the month of February as American Heart Month,the week of February 21 through 27,1983 as National Patrio tism Week,and the week of February 6 through 12,1983 as Vocational Education Week. I.CITIZEN INPUT None II.CONSENT AGENDA Mr.Wallenstien moved that the following items on the Consent Agenda be approved: 1.Resolution -exemption from platting requirements -City of Moses Lake /;*$<>/) 2.Resolution -accept right-of-way easement -Columbia Federal /Q/3 3.Resolution -accept right-of-way easement -G.W.Hall JO/3 4.Council Travel Authorizaion -Legislative Conference /2„?o 5.Step III Waste Water Treatment Facility land purchase /.?oj seconded by Mr.Edwards,and passed unanimously. III.CONSIDERATION OF BIDS SWIMMING POOL COVER A letter was read from Cecil Lee,Park and Recreation Director,which recommended that the city award the bid on the swimming pool cover to William M.Smith &Asso ciates. Mr.Rimple moved that the bid be awarded to William M.Smith &Associates,secondedbyMr.Wallenstien,and passed unanimously. 3568 CITY COUNCIL MINUTES:2 January 25,1983 lO^j WASTE WATER TREATMENT FACILITY \Oy A letter was read from Joseph K.Gavinski,City Manager,which presented the bid ,^b award recommendations from Pool Engineering for the new waste water treatment facility.The city now knows how much money it will take to construct this facility and has established alternate rates which raise enough money to repay the bonds which will be sold in order to raise funds to finance the construction. Mr.Rimple moved that the recommendations from Pool Engineering be accepted, seconded by Mr.Wallenstien,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION -MOSES LAKE SPRING FESTIVAL COMMITTEE fP Deanna McCoy,President of the Moses Lake Spring Festival Committee,stated that 1 they were again asking the city to allow the Festival to use city property,to barricade the streets downtown,the swimming pool to be free to the public if possible,and in-kind services such as law enforcement,street sweeping,garbage pick-up,solid waste dumping,temporary water hook-ups,etc.,use of the city's parks,and about $4,000 to be used for outside promotion.The Festival will pro vide insurance as required by the city. Joseph K.Gavinski,City Manager,stated that a resolution passed several years ago by the Council limits the amount of money to be expended from the Stadium/Convention Fund to the amount of interest which was received on the previous year's receipts The amount that can be expended this year is only $2,310.He pointed out that the in-kind services provided by the city last year was not to exceed $800 with the Police Department providing minimal police service and the Festival providing special security personnel,and that water hook-ups be made to existing businesses by the use of hose bibs. There was some discussion by the Council. Mr.Edwards moved that the Moses Lake Spring Festival Committee be granted $1,800 from the Stadium/Convention Fund for the purposes of promoting the Moses Lake Spring Festival,seconded by Mr.Wallenstien,and passed unanimously. ,o1 V.ORDINANCES AND RESOLUTIONS i ORDINANCE -CHAPTER 13.10 -SPECIAL CONNECTION CHARGES -2ND READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance providing for special connection charges for water and sewer hook-ups. Kent Jones,Dave Jones Realty,stated that built into the water and sewer rates is funds for about $300,000 in capital improvements already.He felt that increasing the connection charges to hook-up to city water and sewer is a drastic change in policy.He also felt it would discourage development. Mr.Rimple stated that he did not feel these charges would discourage development. He stated that they are basically designed so the new people would help pay for their cost to the system. There was some discussion by the Council. The ordinance providing for a special connection charge upon owners of property newly connecting to the city's water system or sewer system was read by title only. Mr.Wallenstien moved that the second reading of the ordinance be adopted,seconded by Mr.Vernier. Mr.Rimple stated that he felt 50%of the actual cost is too high since this is a new charge being implemented. Mr.Rimple moved that the ordinance be amended to charge only 15%of the actual cost,seconded by Mr.Johnson,and failed with Mr.Johnson,Mr.Statt,and Mr. Rimple in favor and Mr.Wallenstien,Mr.Vernier,and Mr.Edwards opposed. The original motion failed with Mr.Wallenstien,Mr.Vernier,and Mr.Edwards in favor and Mr.Johnson,Mr.Staat,and Mr.Rimple opposed. n \I 3569 CITY COUNCIL MINUTES:3 January 25,1983 ORDINANCE -ANNEXATION -SECTION 12 -WASTE WATER TREATMENT FACILITY /OVfi A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance annexing a portion of Section 12.This is the property where the Waste Water Treatment Facility will be located.The city can annex non-contiguous land if the city has an ownership interest in it.This is an emergency ordinance and should be passed on its first reading. 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 and providing for the assumption of existing indebtedness was read by title only. Mr.Edwards moved that the ordinance be passed on its first reading,seconded by Mr.Vernier,and passed unanimously. ORDINANCE - CHAPTER 13.12 - AMEND WATER AND SEWER RATES A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance and several alternatives for increasing the water and sewer rates to cover the cost of the construction of the new waste water treatment plant.The increased rates must be in effect before the bonds to finance the construction can be sold. These rates should be put into effect with the billings after March 1 and a study session should be held to discuss and decide on which water and sewer rates the Council would prefer. It was the consensus of Council to set a study date later in the meeting. ORDINANCE -CHAPTER 3.30 -UTILITY OCCUPATIONAL TAX -1ST READING /c/, A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance reducing the city's utility occupational tax to 6%by November 1,1986.This reduction was required by the legislature in return for the city's ability to impose the additional h%in sales tax. The ordinance amending 3.30.050, 3.30.055,and 3.30.120 of Chapter 3.30 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.Wallenstien,and passed unanimously. VI. REQUESTS TO CALL FOR BIDS VEHICLE BIDS A letter was read from Robert Townsend,Public Works Director,which requested permission to call for bids to replace one police unit and one pickup. Mr.Johnson wanted to know why the pickup alternate specified a 2.8 liter V6 engine.This eliminates two auto dealers in Moses Lake. Mr.Gavinski stated that the feeling is that the pickup will not be able to do the job without a V6 engine. There was some discussion by the Council. Mr.Wallenstien moved that staff be authorized to call for bids as recommended by the City Manager,seconded by Mr.Rimple,and passed with Mr.Edwards and Mr. .Johnson opposed. / 3570 CITY COUNCIL MINUTES:4 January 25,1983 VII.REFERRALS FROM COMMISSIONS ORDINANCE -REZONE -WESTLAKE SHORES -1ST READING A letter was read from Rita Perstac,Community Development Director,which pre sented an ordinance changing lots 1 - 7 in Phase II of the Westlake Shores Plat from R-l,Single Family Residential,to R-2,Multi-family Residential.It was the Planning Commission's recommendation that the zone change request be approved. 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 February 8,seconded by Mr.Wallenstien,and passed unanimously. ,fl WESTLAKE SHORES -PLAT AMENDMENT 1 A letter was read from Rita Perstac,Community Development Director,which stated that Glen Corning,owner of Westlake Shores,is requesting that Lots 1 -7 and Tract C in Phase II be added to Phase I for the purpose of final platting.It was the recommendation of the Planning Commission that the Westlake Shores Preliminary Plat be amended as requested. Mr.Rimple moved that the Westlake Shores Preliminary Plat be amended as requested, seconded by Mr.Wallenstien,and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION n PLANNING COMMISSION -RESIGNATION AND APPOINTMENT V Abetter was read from Marvin Whitney,Planning Commission Chairman,which sub mitted his resignation effective January 15,1983 and recommending that Jerry Law be appointed to fill the vacancy. A letter was read from Jerry Law which requested that he be considered for member ship on the Planning Commission when any vacancies occur. Mr.Johnson stated that he had also received a letter from Lance Leffler but that he would like to appoint Jerry Law to fill the vacancy. It was the consensus of the Council that Jerry Law be appointed to the vacancy on the Planning Commission. IX.COUNCIL QUESTIONS AND COMMENTS None X.CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT y The Investment Report for December was presented. LARSON PLAYFIELD LIGHTS - USE RULES A letter from Cecil Lee,Park and Recreation Director,was presented to the City Council and requested that the Park and Recreation Advisory Commission be allowed to develop the use rules for the Larson Playfield Lights as problems occur. f# AMBULANCE SERVICE Joseph K.Gavinski,City Manager,stated that the city has executed an agreement with Samaritan Hospital for ambulance service which increases costs so that the city is not subsidizing the cost of the ambulance service. SAMMONS COMMUNICATIONS A study session on Sammons Communication was set for February 10,1983 at 8 p.m. \I 3571 CITY COUNCIL MINUTES:5 January 25,1983 WATER AND SEWER RATE ORDINANCE Joseph K.Gavinski,City Manager,stated that it had been determined that the city must have a $5 million bond issue to cover the cost of construction of the new waste water treatment plant.He stated that the city's bond counsel is recommend ing a 20-year repayment schedule.He explained each of the proposed alternatives to the Council. There was considerable discussion by the Council. A study session was set for Thursday,January 27 at 8 p.m. The regular meeting was recessed at 9:30 p.m.and the Council met in an executive session to discuss labor negotiations.The executive meeting was adjourned at 10 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 10 p.m. y€&& ATTEST: aJuJjj "City Clerk srTJ~t (p U BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF: 3571-A Rezone Request of Glen and )Findings of Fact Elizabeth Coming ) This matter having come on before the Moses Lake City Council for action on the 8th day of February,1983,now makes the following: FINDINGS OF FACT 1.Glen and Elizabeth Corning own approximately 140 acres of land located south of Sage Drive,west of Laguna Drive,and east of Sand Dunes Road (county hunting road),legally described as follows: Westlake Shores Preliminary Plat,Phases I -IV 2.The above legally described land owned by Glen and Elizabeth Corning is presently zoned R-l,Single Family Residential,and the Comings have re quested that Lots 1 - 7 of Phase II of Westlake Shores Preliminary Plat be rezoned to R-2,Single Family and Duplex Residential. 3.The land in question is currently vacant land. 4.The land in question fronts on Sage Drive and Lot 7 is bordered on the west by Sand Dunes Road. 5.The area immediately to the north is presently zoned Public and is owned by the Bureau of Reclamation;to the south is presently zoned R-l,Single Family Residential;to the east is presently zoned R-3,Multi-family Residential; and to the west is located in Grant County,is most likely zoned Open Space Recreation,and is owned by the Washington State Department of Game. 6.A public hearing before the Planning Commission scheduled upon notice on the issue of rezoning the land in question was held January 13,1983. 7.Rita Perstac,Community Development Director,City of Moses Lake,stated that Dan Blatt of the Washington State Game Department had contacted her and stated that they had no objection to the zone change. 8.Floyd Swenson,928 Laguna Drive,Moses Lake,Washington,appeared during the public hearing and stated that he has no objection to these 7 lots being rezoned to R-2,but hoped this rezone would not proceed and he would be opposed to any further R-2 zone in the area. 9.Mike Corning,730 Laguna Drive,Moses Lake,Washington,one of the developers, appeared during the public hearing and stated that the reason for the re quested rezone is that these 7 lots are located on Sage Drive,which will have quite a bit of traffic and they felt the R-2 zone would be more salable. He further stated that the rest of the Westlake Shores development would remain R-l.He stated that they wished to include these 7 lots in Phase I because the utilities must be brought from Lot 7 up Sage Drive to Phase I. He stated that the proposed duplexes are already designed,have a floor area of 2400 square feet each,and would meet all the covenants of the development. 10.No other persons appeared during the public hearing other than Floyd Swenson and Mike Corning nor were there any written protests filed with the City of Moses Lake. 11.The Planning Commission recommended approval of the zone change request at the January 13,1983 meeting and forwarded their recommendation to the City Council. 3571-B 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 Glen and Elizabeth Corning,no opposition to rezoning the said land of seven lots from R-l,Single Family Residential,to R-2,Single Family Residential and Duplex. 3.Since the area in question fronts on a neighborhood collector street,and is adjacent to R-3,Multi-family Residential,zoning on the east 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 Glen and Elizabeth Corning from R-l, Single Family Residential,to R-2,Single Family and Duplex 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 seven lots,Lots 1 - 7 of Phase II of Westlake Shores Preliminary Plat, owned by Glen and Elizabeth Corning which are legally described in the herein Findings of Fact and which are presently zoned R-l,Single Family Residential, are hereby rezoned R-2,Single Family Residential and Duplex. 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:February 17,1983 with the necessary ordinance being passed February 8, 1983. CITY OF MOSES LAKE n