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1983 05 24.3609 CITY COUNCIL CITY OF MOSES LAKE May 24,1983 Members Present:Charles Edwards,Bill Reese,Wayne Rimple,Norm Staat,and Bob Wallenstien Absent:Norm Johnson and Harvey Vernier Joseph K.Gavinski,City Manager,stated that the;Mayor is still out of town so the first order of business should be the election of a Mayor Pro Tem. Mr.Reese nominated Mr.Rimple as Mayor Pro Tem.The nomination was seconded by Mr.Wallenstien,and passed unanimously. The meeting was called to order by Mayor Pro Tem Wayne Rimple at 8 p.m. Mr.Edwards moved that the minutes of the me'eting of May 10 be approved as submitted, seocnded by Mr.Wallenstien,.and passed unanimously. APPROVAL OF BILLS—m:>>t e ;'5.i>v n.i Uh '.jh,.;;i .:r;:i.-.-.o.rrii REGULAR BILLS AMOUNT GENERAL FUND '$22,075.13 STREET 10,872.80 WATER/SEWER FUND 7,032.95 WATER/SEWER CONSTRUCTION 63,504.69 1983 WATER/SEWER BOND 684,506.03 SANITATION FUND 6,379.50 UNEMPLOYMENT COMP.INSURANCE 151.55 CENTRAL SERVICES 2,170.36 t BUILDING MAINTENANCE 242.48 EQUIPMENT RENTAL 5,226.96 FIREMENS PENSION 37.14 TOTAL $802,199.59 Mr.Edwards moved that the bills be approved as submitted,seconded by'Mr.Wallen stien,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. CERTIFICATES OF AWARD Trooper George Twigg of the State Patrorinformed the Council of the time,,effort, and work each of the young people did to earn thcis award.Awards were presented:to R.J.Hampton,Steve Harold,Bruce Harshman,Cilia Harshman,Blane Nelson,Gregg Orman,Pat Richards,Colleen Smith,.Pat Smithr*Todd1 Willdamson,:JaekG-Zellenga*.t Trooper George Twigg,and Explorer Post 601. I.CITIZENS INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS PUBLIC HEARING -RESOLUTION -AUTHORIZE UDAG APPLICATION -SILVER CHIEF CORP./o3o Rita Perstac,Community Development Director!,stated that the city isfeligible for Urban Development Action Grants (UDAG).UDAG is second mortgage financing available through the Department of Housing and Urban 25%of the total project cost.She stated that there is no financial risk for the Development for an amount between 15%- 3610 CITY COUNCIL MINUTES:2 May 24,1983 city regarding UDAG funds.The eligible city makes application to HUD on behalf of the business seeking UDAG dollars and that business,if the UDAG application is approved by HUD,repays the city the total amount of the UDAG award over a period of time,up to 30 years.Projects can be located inside or outside the city limits, for about a ten mile radius.She stated that two businesses wish to apply for UDAG funds by May 31,1983,the second quarter deadline.The first business is presented by the Silver Chief Corporation who wishes to reopen the existing Moses Lake sugar plant for the purpose of processing sugar beets.This is approximately a $45 million project with UDAG participation at $4.5 million.Approximately 300 new jobs will be created.The second business is Moses Lake Food and Fuel,proposed by the Washington Gasohol Commission.This is approximately a $2.7 million project. Approximately 22 new jobs will be created..j .i n The public hearing was opened. Larry Bundy,Silver Chief Corporation Financial Consultant,stated that the total project is $45 million and is designed to create 250 to 300 new full time jobs and at peak times will have between 500 and 600 employees.He stated that the project is sound and will be a success and will help establish a strong economic base for the community.He stated that they are looking at a 1984 crop of sugarbeet&^iA Kenneth Bech,510iSrbeech,stated that there is a lot of scepUsh*imlal)6tt¥lthis project with a world glut of sugar. •.i/t'-i J/-t '.-J -rjj Lloyd Pearcy,farmer;stated that he would like to encourage the city to get in volved in this project.He stated that most of the sugar in America is imported and this project would help the U.S.,State of Washington,Grant County,and the City of Moses Lake.He stated that the money produced by the raising and process ing of the sugar beets would stay within this area. Alex Schwab,farmer,stated that sugar beets are a very important crop and good in the rotation of crops which help to control the wild oat problem which is abig one in the basin. Jack St.Marie,Western Mortgage,requested Mr.Gavinski to explain the UDAG program.JI Joseph K.Gavinski,City Manager,stated that the city is eligible for UDAG funds with there being no risk to the city.He stated that the UDAG projects would help create jobs and increase thei tax base.,h \•.."..''••••' ' .':<:' ' ' J .'•••:'.''.:'.'7.' Mr.Edwards wanted to know if any commitments'had-been received!from farmersto grow sugar beets. Mr.Bundy stated that the farmers they had talked to have indicated they will grow sugar beets if they can be assured the project Will become a reality.The farmers will not grow a-;crop*)they cannot sell/>;<>;!im o<-j\i trj no •n?,':;r,"5 '-•-,•,;:'-.0 .n Mr.Edwards moved that the public hearing be closed,seconded by Mr.-Wallenstien* and passed unanimously..''j«^'vrr ',.•v 2 v?/;30001T The resolution authorizing submission of an application to the UnHedJStates of America,Department of Housing and Urban Development Action Grnat for the process ing of sugar beets by Silver Chief Corporation was read by title only. Mr.Edwards moved that the resolution be adopted,seconded by Mr.Wallenstien,and passed unanimously. „0 JI1B1IC HEARING >.:RESOLUTION^^AUTHORIZE UDAGiAPPLlCATION^MOSESdJftEJflQD&EUEL ~"$T ———:! 1 Rita Perstac,Community Development Director,stated that Moses Lake Food &Fuel is requesting UDAG funds in the amount of $508,060 to construct a gasohol/food plant. The total project will cost approximately $2.2 million. Joseph K.Gavinski,City Manager,stated that if Council passes the resolution,he would like to add a proviso to the resolution which would state that the project would be approved subject to a review of the viability of this project by UDAG program advisors.',L,.„!;>r / u 3611 CITY COUNCIL MINUTES:3 May 24,1983 The public hearing was opened. Tom Talkington,a wheat farmer,stated that this project was started 4 years ago and they have substantial financial commitments,are eligible for UDAG funds,and the project will put 27 people to work. Carl Marks,local contractor,wanted to know why the city should get government grant money when there is already $3 million available. Mr.Edwards moved that the public hearing be closed,seconded by Mr.Wallenstien, and passed unanimously. The resolution authorizing submission of an application to the United States of America,Department of Housing and Urban Development,for an Urban Development Action Grant for Moses Lake Food and Fuel was read by title only. Mr.Edwards moved that the resolution be amended by adding the proviso requested by the City Manager and approved,seconded by Mr.Wallenstien,and passed unanimously. V.ORDINANCES AND RESOLUTIONS ORDINANCE -FRANCHISE -CARROLL - 2ND READING !:~~—:——'••••/JYP A letter was read from Joseph K.Gavinski,City Manager which presented an ordinance granting a franchise'to Pat Carroll to use the city streets for the placement of a water line.This water'line is intended to be used to irrigate his property across from Marina Drive. There was some discussion on insurance requirements.It was the consensus of the Council that Mr.Carroll be required to provide insurance. The ordinance granting to Pat Carroll the right and franchise to use and occupy streets and other public places and ways of the City of Moses Lake,Washington,to construct,maintain,repair,renew and operate a water system within and through certain portions of the City of Moses Lake,Washington was read by title only. Mr.Edwards moved that second reading of the ordinance be tabled until the matters of insurance and bonding are resolved,seconded by Mr.Reese,and passed unanimously. A study session was set for 7 p.m.on June 14,1983. ORDINANCE -AMEND 1983 BUDGET - 1ST READING /o/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 was read by title only. Mr.Reese moved that the first reading of the ordinance be adopted and a public hearing be set for June 14,seconded by Mr.Wallenstien,and passed unanimously. RESOLUTION -ACCEPT WATER LINE*MOTEL 6 ://o?^ A letter was read from Joseph K.Gavinski,City Manager,which presented a resolution accepting the water line installed by Motel 6. The resolution accepting a water main from Motel 6 for municipal use was read by title only. Mr.Edwards moved that the resolution be adopted,seconded by Mr.Staat,and passed unanimously. RESOLUTION - QUIT CLAIM DEED -MIDSTATE LAND CO. A letter was read from Robert Townsend,Public Works Director,which presented a resolution accepting land from Midstate Land Co.for right-of-way on Laguna Dr. The resolution accepting the conveyance of real estate to the City of Moses Lake from Midstate Land Company was read by title only. Mr.Edwards moved that the resolution be adopted,seconded by Mr.Wallenstien,and passed unanimously. 3612 CITY COUNCIL MINUTES:4 May 24,1983 / A RESOLUTION -DECLARE SIREN SURPLUS A letter was read from Russ Beeman,Fire Chief,which stated that a small community in Montana had contacted the city about purchasing the large siren that was located in Dogwood Park.This siren was removed and stored at the City Shop three years ago.The city has been offered $300 for the siren and authorization is requested for its sale. Mr.Edwards felt that the siren should be kept in the city museum as he felt it was of historical significance to the city. The resolution declaring city owned property as surplus and authorizing its sale was read by title only.-'•"•'•• Mr.Reese moved that the resolution be adopted,seconded by Mr.Wallenstien,and1 passed with Mr.Edwards opposed. VI.REQUESTS TO CALL FOR BIDS •;v.,-.,..•,:T 'i RESCUE BOAT |0 A letter was read from Russ Beeman,Fire Chief,which stated that the outboard motor on the rescue boat broke down on May 9.Since the motor is 22 years old and the boat is over 25 years old,and the cost of repairing the motor is approximately $500,he recommended that the old unit not be repaired but that a new boat and motor be purchased which will more adequately serve the needs of the Department in rescuing people from the lake. Mr.Edwards moved that staff be authorized to go to bid for a new boat and motor, seconded by Mr.Wallenstien,and passed unanimously. VII. REFERRALS FROM COMMISSIONS ^ \l WESTLAKE SHORES PRELIMINARY PLAT -AMENDMENT/VARIANCE A letter was read from Rita Perstac,Community Development Director,which stated that the Council had approved the Westlake Shores Preliminary Plat for 140 lots on July 27,1982.When the construction plans and specifications were submitted for the street and utility improvements it was found that the horizontal curve requirements relating to tangents and minimum sight distances in nine locations within the plat do not meet the subdivision code.The Planning Commission recommended to Council that the variances for horizontal curve requirements be granted as requested and the speed limit remain at 25 mph. Robert Townsend,Public Works Director,stated that the city requires a 300 feet on curves for sight distances.He stated that he had talked to John Repass,land surveyor for Westlake'Shores,and they had agreed to redraw the lots at sites 3,4, and 5 so that there will be sight distances of at least 200 feet. Rita Perstac,Community Development Director,stated that that information had not been available to the Planning Commission. Mr.Edwards moved that the variances on sight distances be approved with sight distance of 200 feet required at sites 3,4,and 5,seconded by Mr.Wallenstine, and passed unanimously. VIII. OTHER ITEMS FOR COUNCIL CONSIDERATION [0 WATER LINE REIMBURSEMENT -MOTEL 6 A letter was read from Joseph K.Gavinski,City Manager,which presented an agreement allowing Motel 6 to.be reimbursed by individuals who will hook into the line which they installed.The reimbursement would be for $8.50 per linear foot as a pro rata share for the property across Wapato Drive from the Motel 6 property which is in the Melva #6 Subdivision. Mr.Wallenstien moved that the City Manager be authorized to execute,the recapture agreement with Motel 6,seconded by Mr.Reese,and passed unanimously. 3613 CITY COUNCIL MINUTES:5 May 24,1983 WESTLAKE SEWER SYSTEM REIMBURSEMENT A letter was read from Robert Townsend,Public Works Director,which stated that Poplar Sands and Pier 4 have presented an agreement for a reimbursement schecule for the gravity sewer main,oversizing of the Westlake Lift Station on the east end of Prichard Road,and the 8"force main from the lift station across the lake to Wapato Drive. Mr.Reese moved that the City Manager be authorized to sign the agreement,seconded by Mr.Wallenstien,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS None X. CITY MANAGER REPORTS AND COMMENTS SEWER SERVICE -WATERFRONT PARK -BEAUTIFICATION PROJECT A letter was read Rita Perstac,Community Development Director,which presented a report describing the city sewer service along the north side of Broadway from Alder Street down to the Fogcutter Restaurant and it appears that most properties are connected to city sewer.The old train depot site appears to have had city water and sewer service after 1956.Before that date,in talking to the retired stationmaster,outdoor privies were used so there probably is not a septic tank at this site. Bill Bailey,co-coordinator of the project,stated that they had found two drywells 36"in diameter and covered with concrete.He stated that if a septic tank had been there they would have found it. STREET REPORT /£>/? Joseph K.Gavinski,City Manager,presented a five-year proposed street reconstruction program utilizing the hi sales tax revenue. STREET OVERLAY PROGRAM /0/9 City Manager,Joseph K.Gavinski,presented the five-year street overlay program. SIMILAR USE IN C-4 ZONE -APPEAL PLANNING COMMISSION DECISION A letter was read from Gerrit VanBrandwijk,President of the Ministerial Associa tion,which stated that the Association had voted unanimously to request the City Council not to allow the service station,grocery store and coin/token operated racketba11/batting cages on the corner of Pioneer and Sharon.Their greatest concern was the fact that the prospective purchaser,Robert 01 els,has applied for a license to sell beer and wine. A letter was read from Dale Hempel,Superintendent of Schools,which stated that the Moses Lake School Board of Directors had requested that the City Council review the Planning Commission's decision to allow the establishment of a mini-market complex at the corner of Pioneer and Sharon.They are concerned that this project would increase the traffic congestion and would have a high degree of attraction to students from the high school and Chief Moses Junior High.They felt the coin operated racketba!1 courts would be a refuge for students who may be skipping school. Robert Olels stated for the record that he wished the Appeal to be heard this evening and therefore waived any defects in notification given,effectively waiving any due process objections. Robert Olels stated that he wished to establish a 7-11 type store in conjunction with a fun center for the 25-40 year old population.He stated they wished to put in 2 racketball courts,swings,and slides.The actual layout is attractive,well lit,and a benefit to the area and the city.He stated that there will be adequate parking. There .was some discussion by the Council on whether or not this type of project is similar to uses allowed in the C-4 zone. 3614 CITY COUNCIL MINUTES:6 May 24,1983 Mr.Staat moved that the project projected for Lot 1 as a similar use in a C-4 zone be tabled until a later date,seconded by Mr.Rimple,and passed with Mr.Wallenstien and Mr.Reese opposed. Mr.Whitaker stated that the Council needs to decide what they wish to to with Lot 2 which contains the racketba!1 courts,etc. Mr.Wallenstien moved that consideration on Lot 2 also be tabled until a later date,seconded by Mr.Staat,and passed with Mr.Reese opposed. Mr.Rimple requested that the Planning Commission review this project with regard to similar uses in the C-4 zone. A study session was set for May 31 at 7:30 to discuss this problem. The meeting was adjourned at 10:30 p.m. !<*n&ZC')Air\sfn //f^t^P^A^>r ATTEST: n BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF:) 3614a Westlake Shores Preliminary Plat )Additional Findings of Fact, )Conclusions,and Decision This matter having come on before the Moses Lake City Council for action on the 24th day of May,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.On January 13,1983,after a public hearing,the Planning Commission recom mended to the City Council that lots 1 - 7 in Phase II be rezoned from R-l, Single Family Residential,to R-2,Single Family and Duplex Residential,and that these 7 lots and Tract C be included in Phase I. 3.On January 25,1983 the City Council passed the first reading of an ordinance changing the zone on Lots 1 - 7 in Phase II from R-l to R-2 and included them and Tract C in Phase I. 4.On February 8,1983 the City Council passed the second reading of the ordi nance changing the zone on Lots 1 - 7 of Phase II from R-l to R-2. 5.On May 12,1983 the Planning Commission held a public hearing to amend the Westlake Shores Preliminary Plat to allow a variance on sight distances on curves at nine locations within the plat. 6.Hal Raynard,representing the Comings,pointed out each site needing a variance and stated that the requested variances are all on streets that are loops or dead ends and only the residents of the area would normally be using them. 7.M.G.McLanahan,Assistant Public Works Director,stated that the city requires a sight distance at curves of 300'.This is mainly for the protection of children and pedestrians.He pointed out that two cars coming towards each other at 35 mph require 320'of stopping distance. 8.The Planning Commission recommended that the variances on sight distances be granted and a speed limit of 25 mph be posted and forwarded this recommendation to the City Council. 9.Jack Corning,a developer of Westlake Shores,stated that they had negotiated a property trade with Jessica Longston for property along Laguna Drive.It was recently discovered that a portion 30'x 60'had not been owned by Ms. Longston but was owned by the City of Moses Lake.Mr.Corning requested that this 30'x 60'parcel of property be withdrawn from Lot 1 of Phase I until the question of right-of-way for Laguna Drive can be settled.After the right-of-way problem is resolved,the parcel can again be included in Lot 1. 10.Mr.McLanahan stated that if this solution is used,the city could be put in the position of having to purchase right-of-way.He stated that a descrip tion of the existing centerline is needed in order to get the correct legal description of the property needed for correct alignment of Laguna Drive from both the Comings and Ms.Longston. 11.The Planning Commission recommended that city staff work out the alignment problem with the Comings and Ms.Longston and a special meeting was scheduled for May 19,1983 at 8 p.m.for a final decision. 3614b 12.Rita Perstac,Community Development Director,informed the Planning Commission on May 19 that Mid-State Land Company had deeded the required right-of-way to the city. 13.Joseph K.Gavinski,City Manager,stated that the portion of property in Lot 1 which is owned by the city will still be a part of the plat but will be elimianted from Lot 1 and designated as city right-of-way on the plat.No action was required by the Planning Commission. 14.On May 24,1983 the City Council granted the variances on sight distances with a required sight distance of 200 feet at sites 3,4,and 5. 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 final plat approval within the city's corporate limits if the criterion required by law is met. 2.There appears,after the public meeting before the City Council on the issue of amendments to the Westlake Shores Preliminary Plat,no opposition to approving the amendments. 3.Since the area is propose^to be single family and duplex residential,and since the City of Moses Lake is cognizant of the need for the orderly develop ment 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 amendments to the Westlake Shores 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 amendments to the Westlake Shores Preliminary Plat are hereby approved. Dated this 13th day of July,1983. CITY OF MOSES LAKE 1