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1983 03 083585 CITY COUNCIL CITY OF MOSES LAKE March 8, 1983 Members Present:Norm Johnson,Wayne Rimple,Charles Edwards,Harvey Vernier,Bill Reese,and Bob Wallenstien Absent: Norm Staat The meeting was called to order by Mayor Norm Johnson at 8 p.m. Mr.Edwards moved that the minutes of the meeting of February 22 and February 23, 1983 be approved as submitted,seconded by Mr.Rimple,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $13,391.43 STREET 628.97 WATER/SEWER 5,949.50 WATER/SEWER CONSTRUCTION 49,535.08 SANITATION 21,748.22 CENTRAL SERVICES 5,283.66 BUILDING MAINTENANCE 23.69 EQUIPMENT RENTAL 13,101.14 FIREMANS PENSION 21.72 TOTAL $109,683.41 Mr.Edwards moved that the bills be approved as submitted,seconded by Mr.Reese, and passed unanimously. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS POLICE VEHICLE A letter was read from Joseph K.Gavinski,City Manager,which,stated that the bids on the police vehicle had been tabled at the last meeting.He suggested that the matter be brought off the table and all bids rejected.After that is done,staff is requesting authorization to call for bids for a vehicle which conforms to state specifications. Mr.Edwards moved that the matter be brought off the table,seconded by Mr.Rimple, and passed unanimously. Mr.Edwards moved that the bids be rejected and staff authorized to call for bids again for a police vehicle,seconded by Mr.Wallenstien,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION - DOWNTOWN BEAUTIFICATION -CAMPFIRE GIRLS y/oy A letter was read from Al McFadin and Sandy Estoos which stated that the Moses Lake Campfire,Inc.would like to aid the beautification of downtown Moses Lake by donating cement benches for the Post Office,Swartz's,and Menti Jewelers.These business support the project. Mr.McFadin stated that the Task Force endorses the project and the benches will be similar to those already in the downtown area. Betty Dart stated that the 20 Campfire groups wish to serve the community by plac ing these benches in the downtown area.She stated that the money was earned through various projects and that the Job Corps will deliver and anchor the benches to the sidewalk in a manner approved by the city. 3586 CITY COUNCIL MINUTES:2 March 8,1983 Joseph K.Gavinski,City Manager,stated that the city has an ordinance which prevents the placing of obstructions on the sidewalk.This ordinance was amended when the planters were placed on the sidewalk but no mention was made of benches. He recommended that the ordinance be amended to allow for the benches. It was the consensus of the Council that an ordinance be drafted to allow for the placing of the benches. Mr.Edwards moved that the Council send a letter of appreciation to the Campfire Girls for their interest in improving the downtown area,seconded by Mr.Wallen stien,and passed unanimously. a>COMMUNICATION -PROCLAMATION -NATIONAL GIRL SCOUT WEEK The proclamation declaring March 6 through 12,1983 as Girl Scout Week was read. p3 COMMUNICATION -WATER/SEWER RATES A letter was read from Joseph K.Gavinski,City Manager,which stated that a letter had been received requesting a reduction in the water/sewer rates for senior citizens. A letter was read from Mildred Reiman which requested that the City Council con sider a reduction in water/sewer rates for senior and disabled citizens. Mr.Gavinski stated that the City Council has the authority under state law to grant a reduced utility rate for low-income senior citizens.If the Council chooses to grant a reduction,an ordinance must be drafted defining a low-income senior citizen.He pointed out that all the rate increases since 1977 have occurred in order to take care of debt service.He stated that if income is reduced in one sector,it will have to be increased in another sector in order to take care of the debt.He pointed out that since the city received additional funds for the waste water treatment plant,the rates will bring in about $90,000 more than is necessary to pay for the bonds.He also pointed out that there is an administrative cost involved in reducing rates for senior citizens as forms will have to be prepared, applications reviewed,and the computer reprogrammed and there is also no way of knowing how many senior citizens reside in Moses Lake.He recommended that the rates remain the same for all at the present time and the possibility of a reduction be studied at a later date. After some discussion it was the consensus of the Council that a study session be held. fr1 ^ Mr.Edwards moved that a study session be set for May 17 at 8 p.m.,seconded by Mr. Wallenstien,and passed unanimously. COMMUNICATIONS - SAMMONS - RATE INCREASE A letter was read from Joseph K.Gavinski,City Manager,which stated that Dave Garrett from Sammons Communications requested time to discuss the proposed rate increase. Mr.Garrett distributed a copy of the three different proposals for rate increases and explained each one to the Council. There was some discussion by the Council on the different rates and services and the areas of Moses Lake that are not presently served by cable TV. The ordinance amending the franchise granted to Sammons Communications,Inc.,a Delaware Corporation,its successors or assigns,to own and operate and maintain a cable television system in the community of Moses Lake,Washington was read by title only. Mr.Edwards moved that the ordinance be approved with proposal #2 at $9.95.Motion died for lack of a second. Mr.Wallenstien moved that the ordinance be approved using proposal #3,seconded by Mr.Reese,and passed with Mr.Vernier and Mr.Edwards opposed. 3587 CITY COUNCIL MINUTES:3 March 8,1983 ORDINANCE - AMEND 1982 BUDGET - 2ND READING :/o/o 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. The ordinance amending the 1982 Budget for the City of Moses Lake was read by title ,only. Mr.Wallenstien moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. ORDINANCE - AMEND 1983 BUDGET - 2ND READING A letter was read from Walter Fry,Finance Director,which presented an ordinance amending the 1983 Budget. The public hearing was opened.There were no comments,so the public response was closed. The ordinance amending the 1983 Budget for the City of Moses Lake,Washington was read by title only. Mr.Wallenstien moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.Rimple,and passed unanimously. |V.ORDINANCES AND RESOLUTIONS Jj RESOLUTION -ESTABLISH NEW FUNDS /o/o A letter was read from Walter Fry,Finance Director,which presented a resolution establishing new funds for Central Services,Building Maintenance,and 1983 Water/ Sewer Bonds. The resolution to establish new funds to be entitled Central Services,Building Maintenance,and 1983 Water/Sewer Bonds was read by title only. Mr.Edwards moved that the resolution be adopted,seconded by Mr.Wallenstien,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS ORDINANCE -REZONE -WASTE WATER TREATMENT PLANT -1ST READING.//p0 A letter was read from Rita Perstac,Community Development Director,which stated that the City of Moses Lake has requested a zone change for property located in the west half of Section 12,Township 18 North,Range 28 EWM from county Agriculture to city Public.This is the site for the city's new waste water treatment plant.The Planning Commission,at their February 24 meeting approved the rezone request and , I forwarded their recommendation along with the Findings of Fact to the City Council. Harold Schwab stated that he wished to thank the city for the letter he received notifying him of this proposed zone change.He stated that he was concerned about seepage from the waste water treatment plant getting into his domestic and irriga tion water systems.He also wanted to know if the city has to prepare an Environ mental Impact Statement. 3588 CITY COUNCIL MINUTES:4 March 8, 1983 Joseph K.Gavinski,City Manager,stated that the city prepared an Environmental Checklist.The Planning Commission considered the Environmental Checklist and declared that the project had a non-significant adverse impact on the environment and an Environmental Impact Statement was not required.Mr.Gavinski stated that the waste water treatment plant will be using lagoons and some of the water will percolate through the soil and some will be lost through evaporation.He stated that there should be no contamination coming from the plant after the final process is completed. Bill Newell,Public Works Superindentent,stated that the lagoons will be lined and aerated and there will be bacteria treatment.After that it will go through a set of rock filters and then sedimentation basins.The water from there will go into infiltration basins and from there into the soil. Mr.Schwab also stated that he was concerned about the possible odor from this plant. George Knauss stated that he lived next door to the present sewage treatment plant for 15 years and had noticed no odors coming from it. The ordinance amending Section 18.09.020 of Chapter 18 of the Moses Lake Municipal Code entitled Zoning was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted and a public hearing be set for March 22,1983,seconded by Mr.Wallenstien,and passed unani mously. t«\*LAGUNA POINT PRELIMINARY PLAT -EXTENSION OF TIME A letter was read from Rita Perstac,Community Development Director,which stated that Rod Stewart and Robert Col lop have requested a one year extension of time for the Laguna Point Preliminary Plat,with the six conditions that were approved by the Council on January 12,1982.The six conditions are: 1.Variance be granted for lots 7 and 14 because the lot depth is over three times the lot width. 2.Ownership documentation is included.j ! 3.Site plan to show location for gas,electric,cable TV or telephone lines. 4.Two additional manholes are required on the sanitary sewer. 5.Show owner(s)of land west of lot 14. 6.A minimum of 1000 gallons per minute is required for the minimum fire flow in residential areas. This plat is for 24 single family lots located at the end of Laguna Drive in the Westlake area of Moses Lake.The area is 7.88 acres in size,is zoned R-1,and the average lot size is 11,700 square feet.The Planning Commission recommended to the Council that the approval period for this preliminary plat be extended to January 13,1984. Mr.Edwards moved that the Laguna Point Preliminary Plat approval period be extended to January 13,1984,seconded by Mr.Rimple,and passed unanimously. ^MUNICIPAL TRACT #6 -VARIANCE REQUEST A letter was read from Rita Perstac,Community Development Director,which stated that the city is short platting its property near the intersection of Lakeside Drive and"D"Street.Because this plat fronts on a dedicated but unimproved street, the city is required to bring the street between plat boundaries up to current city standards unless a variance is granted by the Council.The city is requesting a pi variance to delay street improvements to the existing gravelled street associated with this plat.The Planning Commission recommended to the Council that this variance ! request be granted with a covenant to run with the land that if and when Lakeside Drive,D Street,or Cascade are paved and utilities are put in that the city will carry out their responsibilities to pave and put in the utilities. Mr.Wallenstien moved that the variance request be granted with a covenant to run with the land for street and utility improvements,seconded by Mr.Reese. There was some discussion by the Council on the possibility of oiling D Street which would require some expenditure on the part of the city and also a change in policy. The motion passed unanimously. n i i 3589 CITY COUNCIL MINUTES:5 March 8, 1983 VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION None X. CITY MANAGER REPORTS AND COMMENTS AWC NOMINATIONS AND RESOLUTIONS COMMITTEES Mr.Johnson stated that he had received a letter from Kent Swisher,Executive Director of the AWC,which stated that a Resolutions Committee and a Nominations Committee will be appointed from elected officials and requesting that names be submitted of anyone who is interested. SALES TAX ., //s<f-C Joseph K.Gavinski,City Manager stated that the city had received $108,727 for the months of November and December.That is about a 14.6%increase over last year; however,this includes the sales tax on food. WASTE WATER TREATMENT PLANT ,. Joseph K.Gavinski,City Manager,stated that the city had received money from they^j Environmental Protection Agency for the new waste water treatment plant.These funds came to the city though the efforts of the Moses Lake Irrigation and Re habilitation District,Representative Sid Morrison,and Councilman Harvey Vernier. He wished to express his thanks to these people. He stated that a ground breaking ceremony will be held on March 21 and further details will be forthcoming. He stated that he had distributed a newspaper article to Council which shows that Coeur d'Alene had to raise their commercial sewer rates by about 700%to pay for their new waste water treatment plant.However,their water rates were untouched and so was their residential sewer rates. He also presented some additional information on the new water/sewer rates for comparison purposes to the Council. He stated further that an article in the paper stated that the 5-bay garage pro posed to be eliminated from the existing waste water treatment plant site would cost approximately $347,000.He stated that was an error since that cost included items other than the 5-bay garage.The actual decrease will be approximately $55,000 for the elimination of the garage. The regular meeting was recessed at 9:45 p.m.and the Council met in an executive session to discuss real estate 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. ATTEST: BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) In the matter of: 3589a Variance Request for Municipal )Findings of Fact,Conclusions,and Tract #0 )Decision This matter,having come on before the Moses Lake City Council for action on the 8th day of March,1983,now makes the following: I Findings of Fact 1.The City of Moses Lake has submitted a short plat for its property located near the intersection of Lakeside Drive and south "D"Street. 2.The property is zoned Public. 3.In accordance with Section 17.13.050 of the Moses Lake Municipal Code entitled "Variances,"the Municipal Tract #6 Preliminary Short Plat was submitted with the request for a variance of the following section of the Moses Lake Munici pal Code: Section 17.17.030 A 2:The subdivision shall front on an existing street.There shall be adequate access to all parcels.Streets shall be improved to city standards. 4.The variance request is to allow the city to delay street improvements until the surrounding streets are improved. 5.The Planning Commission,at their February 24,1983 meeting,recommended to the City Council that the variance on the street improvements on the Municipal Tract #6 Preliminary Short Plat be approved with the stipulation that a covenant run with the land that if and when Lakeside Drive,D Street,or i Cscade are paved and utilities are put in that the city will carry out its responsibilities to pave and put in the utilities. 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 variance request on land within the city's corporate limits if the criterion required by law is met. 2.There appears,after the Planning Commission meeting and after the public meeting before the City Council on the issue of granting a variance for street improvements for Municipal Tract #6 Preliminary Short Plat,no opposi tion to granting the variance. 3.Since the area is zoned Public and 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 for the Municipal Tract #6 Preliminary Short Plat 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 I 1.The variance on street improvements for the Municipal Tract #8 Preliminary I Short Plat is granted with the stipulation that a covenant be prepared to run LJ with the land that if and when Lakeside Drive,D Street,or Cascade are paved and utilities are put in that the city will carry out its responsibilities to pave and put in the utilities. Dated this 5th day of May,1983. CITY OF MOSES LAKE N6rman Johnsort/Mayor