1983 04 133597
CITY COUNCIL
CITY OF MOSES LAKE
April 13,1983
Members Present:Norm Johnson,Charles Edwards,Harvey Vernier,Bill Reese,Norm
Staat,and Bob Wallenstien
Absent:Wayne Rimple
The meeting was called to order by Mayor Norm Johnson at 8 p.m.
Mr.Edwards moved that the minutes of the meeting of March 22,1983 be approved as
submitted,seconded by Mr.Wallenstien,and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL $44,617.04
STREET 3,941.70
WATER/SEWER 16,095.62
WATER/SEWER CONSTRUCTION 22,407.12
SANITATION 21,800.09
CENTRAL SERVICES 1,988.50
BUILDING MAINTENANCE 3,126.54
EQUIPMENT RENTAL 5,823.79
FIREMANS PENSION 93.30
TOTAL $119,893.70
Mr.Wallenstien moved that the bills be approved as submitted with the exception of
the bills to Aiken and Edwards,seconded by Mr.Reese,and passed with Mr.Edwards
abstaining from voting for that portion of the bills to Coast-to-Coast.
CERTIFICATE OF COMPETENCY.^j
A letter was read from Robert Townsend,Public Works Director,which stated that
Tim Varney has been issued a Group II,Water Pollution Control Plant Operator
Certification.
A letter was read from Bill Newell,Public Works Superintendent,which stated that
the Washington State Department of Ecology issued a Group II,Water Pollution
Control Plant Operator Certification to Tim Varney.This certificate requires many
hours of study and experience.
A letter was read from Cathy Betts,Secretary of the Wastewater Board of Certifica
tion which presented a Certificate of Competency to Timothy Varney.
Mr.Johnson presented the certificate to Mr.Varney with congratulations.
PROCLAMATION
'/JJ
A letter was read from Laure Grammer from the Moses Lake Job Corps Center which
stated that the United States Department of Labor,Washington,DC has designated
the month of April as Job Corps'Salute to Communities Month.The Columbia Basin
Job Corps Center has planned April 25 -29,1983 as Job Corps Salute to Communities
Week.
The proclamation declaring April 25 -29,1983 as Job Corps Salute to Communities
Week was read in its entirety and signed by the Mayor.
I.CITIZENS INPUT
None
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CITY COUNCIL MINUTES:2 April 13,1983
II.CONSENT AGENDA
Mr.Edwards moved that the following items on the Consent Agenda be approved:
/O^l.Claim for Damages -Mike Edwards
jO^i 2.Claim for Damages -Marvin Aiken
}qj/o 3.Resolution -Conveyance of Real Estate -M.L.I.&R.District
!0:3 4.Resolution -Accepting Easement -Step III -Pump Station Modification
Project
seconded by Mr.Wallenstien,and passed unanimously.
Mr.Wallenstien moved that the bills from Edwards and Aiken be approved as sub
mitted,seconded by Mr.Reese,and passed unanimously.
III.CONSIDERATION OF BIDS
POLICE VEHICLE
A letter was read from Bill Newell,Public Works Director,which presented the bids
received for the police vehicle.He recommended that the city award the bid to the
state under the state contract.
Mr.Edwards moved that the bid from the state contract be accepted,seconded by Mr.
Wallenstien.
Mr.Johnson felt that even though there is a $3,000 difference between the state,
contract and the local bidder,the local bidder should receive the bid.
The motion passed with Mr.Staat and Mr.Johnson opposed.
IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS H
.^COMMUNICATION -PROPOSED ORDINANCE -MOSES LAKE CAB COMPANY
A letter was read from Ray Flagg,President of Moses Lake Cab Co.,Inc.,which
presented several ordinance proposals which he felt would resolve the franchise
validity of City Bus.
Jim Whitaker,City Attorney,stated that the city could not encourage the granting
of exclusive franchises.
Mr.Flagg felt that the original provider of a taxicab service should have some
protection from later competition.
Joseph K.Gavinski,City Manager,pointed out that Mr.Flagg does not have a
franchise for his taxicab service,it is operated under licensing requirements of
the city.He pointed out that the Council can restrict the number of licenses
granted for taxicab services.
There was some discussion by Council and a study session was set for April 19 at 8
p.m.
PUBLIC HEARING - ORDINANCE - AMEND 1983 BUDGET - 2ND READING
A letter was read from Walter Fry,Finance Director,which presented an ordinance ,—>
amending the 1983 budget.j
The public hearing was opened.There were no comments,so the public response was
closed.
Mr.Reese moved that the public hearing be closed,seconded by Mr.Edwards,and
passed unanimously.
The ordinance amending the 1983 Budget for the City of Moses Lake,Washington was
read by title only.
Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
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CITY COUNCIL MINUTES:3 April 12,1983
PUBLIC HEARING - PLANNED DEVELOPMENT DISTRICT ORDINANCE *2ND READING———————____________________________________________________»^y --,-•
A letter was read from Rita Perstac,Community Development Director,which presented
an ordinance establishing the Planned Development District.This ordinance fills
in regulatory gaps for both the city and the developer and clears up some gray
areas.
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.Reese,and
passed unanimously.
The ordinance repealing Chapter 18.66 of the Moses Lake Municipal Code entitled
"Planned Unit Development Zone"and establishing a new Chapter 18.67 entitled
"Planned Development District Zone"was read by title only.
Mr.Reese moved that the second reading of the ordinance be adopted,seconded by
Mr.Wallenstien,and passed unanimously.
V.ORDINANCES AND RESOLUTIONS
ORDINANCE -SIDEWALK CONSTRUCTION - 2ND READING
//W
A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi
nance which would allow the placement of benches on city sidewalks in commercial
zones.
Jim Whitaker,City Attorney,recommended that the word "upon"after the word "abut
ting!?be stricken from the ordinance and that the last portion of the ordinance
read "Provided that the owner or occupier of the property abutting the sidewalk may
place or give permission to place items approved by motion of the City Council on
or in the sidewalk in commercial zones in the first five foot area measured from
the back of the curb."
Mr.Edwards moved that the ordinance be amended as recommended by the City Attorney,Unr.cuwarub muveu trmt trie orainance oe amenaeq as r
seconded by Mr.Wallenstien,and passed unanimously.
Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
ORDINANCE - AMEND 1983 BUDGET - 1ST READING
/j/o
A letter was read from Walter Fry,Finance Director,which presented an ordinance
amending the 1983 budget.
The ordinance amending the 1983 budget for the City of Moses Lake,Washington 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
None
VII.REFERRALS FROM COMMISSIONS
PARK AND RECREATION FEES AND CHARGES
A letter was read from Cecil Lee,Park and Recreation Director,which presented the
fees and charges for the Spring and Summer program as reviewed and approved by the
Park and Recreation Advisory Commission.
Mr.Edwards moved that the fees and charges be approved as presented,seconded by
Mr.Reese,and passed unanimously.
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CITY COUNCIL MINUTES:4 April 1?,1983
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MUNICIPAL TRACT NO. 7 PRELIMINARY PLAT
A letter was read from Rita Perstac,Community Development Director,which presented
the Municipal Tract No.7 Preliminary Plat which is located in the west half of
Section 12 and which was approved by the Planning Commission with the following
variances:
1.Change plat scale from 1"=100'to 1"=400'
2.Change vicinity map scale from 1"=400'to 1"=4,000'
3.The city not be required to improve County Road K
The Planning Commission granted the variance on the street improvements with the
stipulation that a covenant be prepared to run with the land and requiring the city
to make the street improvements if and when the property comes under the control of
the city and that portion of the adjoining road is developed.
Mr.Edwards moved that the Municipal Tract No.7 Preliminary Plat be approved as
recommended by the Planning Commission,seconded by Mr.Wallenstien,and passed
unanimously.
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
INSURANCE
A letter was read from Joseph K.Gavinski,City Manager,which stated that the
Council had requested that the city's insurance coverage with Rogers and Norman be
reviewed annually.He requested Council authorization for the city to remain with
Rogers and Norman.
Mr.Edwards moved that the city retain its insurance coverage with Rogers and
Norman,seconded by Mr.Wallenstien,and passed unanimously.
STREET NAME CHANGE
A letter was read from Robert Townsend,Public Works Director,which stated that
Western Pacific Engineering Inc.had requested that the name of Hunter Place be
changed to Pioneer Plaza.It was his recommendation that the word "Pioneer"not be
used in a name change for Hunter Place.
Fred Skinner,Western Pacific Engineering,stated that in using the services of the
Police Department he had been informed by the responding police officer that he had
a difficult time locating Hunter Place.This was the reason for the requested name
change.He stated that most cities have cul de sacs using a variance of the same
name as the main street the cul de sac is located off of.
Chief Sharp pointed out that the police officer probably did not realize that there
was a street called Hunter Place in Moses Lake.He did not feel that a name change
was especially necessary.
No action was taken by Council.
IX.COUNCIL QUESTIONS AND COMMENTS
None
X.CITY MANAGER REPORTS AND COMMENTS
MEETING WITH PROSECUTING ATTORNEY
A study session was set for April 19 at 7 p.m.to meet with the Grant County
Prosecuting Attorney.
DIVISION STREET RECONSTRUCTION
Joseph K.Gavinski,City Manager,stated that the Division Street Reconstruction
project would be discussed with the Park and Recreation Advisory Commission on
Wednesday,April 13.He stated that a neighborhood meeting will also be held to
inform the residents of the area of the scope of the project and how it will
affect them.
The meeting was adjourned at 9:25 p.m.
ATTZST irman Johnson//Mayor
n
n-
3600a
BEFORE THE CITY COUNCIL
OF THE CITY OF MOSES LAKE,WASHINGTON
)
In the matter of:)
Preliminary Plat and Variances for )Findings of Fact,Conclusions,and
Municipal Tract #7 )Decision
This matter,having come on before the Moses Lake City Council for action on the
12th day of April,1983,now makes the following:
Findings of Fact
1.The City of Moses Lake owns approximately 360 acres of land located in the
west half of Section 12,Township 18 North,Range 28 EWM.
2.On January 25,1983 the City Council approved an ordinance on its first
reading which annexed the above described property.
3.On February 24,1983 the Planning Commission approved the city's request to
change the zoning on the property from county Agriculture to city Public and
forwarded the recommendation to the City Council.
4.On March 8,1983 the City Council approved the first reading of an ordinance
changing the zoning from county Agriculture to city Public and on March 22,
1983 the City Council approved the second reading of the ordinance.
5.On April 12,1983,the City of Moses Lake,Washington submitted the Municipal
Tract #7 Preliminary Plat which consists of one lot of 360 acres and is
located in the west half of Section 12,Township 18 North,Range 28 EWM.
6.In accordance with Section 17.13.050 of the Moses Lake Municipal Code entitled
Variances,the Municipal Tract #7 Preliminary Plat was submitted with the
request for three variances to the following sections of the Moses Lake
Municipal Code:
a.Section 17.17.030 B.6.i:Horizontal scale of the proposed plat shall
be one hundred feet (100")to the inch.
b.Section 17.17.030 B.6.m:A vicinity map at a scale of not more than
four hundred feet (400')to the inch.The vicinity map shall show all
adjacent parcels.It shall show how the streets and alleys in the
proposed subdivision may connect with the existing and proposed streets
and alleys in neighboring subdivisions or unplatted property to produce
an advantageous development of the entire neighborhood.
c.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.
7.The three variance requests are:
a.Change plat scale from 1"=100'to 1"=400'.
b.Change vicinity map scale from 1"=400'to 1"=4,000".
c.The city not be required to improve County Road K.
8.A public hearing before the Moses Lake Planning Commission scheduled upon
notice on the issue of platting the land in question was held on March 10,
LJ 1983.
9.Jess Johnson,1003 S.Grant,Moses Lake,Washington,appeared during the
public hearing and wanted to know if the proposed zone change would affect
his property and if the wastewater treatment plant would have a detrimental
effect on his wells.
10.Joseph K.Gavinski,City Manager,stated that the zone change affects only
the city's property and the wastewater treatment plant should have no detri
mental effect on nearby wells.
3600b
11.Mr.Gavinski stated that the county is requiring the city to improve County
Road K from the railroad tracks to this plat but that portion of County Road
K is in the county and out of the city's jurisdiction and its ownership is
unclear at this point.
12.Mr.Gavinski stated that the city will be granted an easement from the Bureau
of Reclamation for this road wtihin the plat boundary and an approach permit
will be obtained from the county to tie in the plat to the county road.
13.No other person appeared during the public hearing other than Mr.Johnson nor
were there any written protests filed with the City of Moses Lake.
14.The Planning Commission,at their March 10,1983 meeting,recommended to the
City Council that the Municipal Tract #7 Preliminary Plat and the three
requested variances be approved with the stipulation that a covenant be
prepared to run with the land which requires the city to make street improve
ments if and when the property comes under the control of the city and that
portion of the adjoining road is developed.
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
preliminary plat approval within the city's corporate limits if the criterion
required by law is met.
2.There appears,after the public hearing before the Planning Commission and
after the public meeting before the City Council on the issue of the Municipal
Tract #7 Preliminary Plat,no opposition to approving the preliminary plat.
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 Municipal Tract
#7 Preliminary 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
1.The Municipal Tract #7 Preliminary Plat is hereby approved with the following
variances:
a.Change plat scale from 1"=100'to 1"=400".
b.Change vicinity map scale from 1"=400'to 1"=4,000'.
c.The city not be required to improve County Road K with the stipulation
that a covenant be prepared to run with the land which requires the city
to make street improvements if and when the property comes under the
control of the city and that portion of the adjoining road is developed.
Dated this 5th day of May,1983.
CITY OF MOSES LAKE
Morgan Johnsoru Mayor