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1983 07 123625 CITY COUNCIL CITY OF MOSES LAKE July 12,1983 Members Present:Norm Johnson,Charles Edwards,Bill Reese,Wayne Rimple,Norm Staat,and Harvey Vernier Absent: Bob Wallenstien The meeting was called to order at 8 p.m.by Mayor Norm Johnson. Mr.Rimple requested that the minutes of the meeting of June 28 be corrected by deleting Mr.Reese as being opposed to the tabling of the ordinance amending the C- 4 zone. Mr.Edwards moved that the minutes of the meeting of June 28 be approved as cor rected,seconded by Mr.Rimple and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $14,369.50 STREET 2,071.34 WATER/SEWER FUND 6,585.76 WATER/SEWER CONSTRUCTION 422,926.85 SANITATION FUND 23,073.67 CENTRAL SERVICES 2,021.22 BUILDING MAINTENANCE 26.55 EQUIPMENT RENTAL 1,011.87 TOTAL $472,086.76 Mr.Rimple moved that the bills be approved as submitted,seconded by Mr.Reese, 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. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS COMPUTER EQUIPMENT /J/7 A letter was read from Walter Fry,Finance Director,which stated that only one bid was received for the upgrades to the existing Hewlett Packard Central Processing Unit,Word Processing Equipment,and Micro-processor. Mr.Rimple moved that the bid be awarded to Hewlett Packard,seconded by Mr.Reese, and passed unanimously. STREET OVERLAY /*/? A letter was read from Robert Townsend which recommended that the bid on the 1983 Street Overlay project be awarded to Central Washington Asphalt. Mr.Rimple moved that the street overlay bid be awarded to Central Washington Asphalt,seconded by Mr.Reese,and passed unanimously. IV.PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS PUBLIC HEARING - SIX YEAR STREET PLAN -RESOLUTION //77 A letter was read from Robert Townsend,Public Works Director,which presented the Six Year Street Plan.The resolution adopting the Six-Year Street Construction Program for 1984-1989 was read by title only. The public hearing was opened.There were no comments,so the public response was closed. 3626 CITY COUNCIL MINUTES:2 July 12,1983 Mr.Edwards moved that the public hearing be closed,seconded by Mr.Rimple,and passed unanimously. Mr.Edwards moved that the resolution be adopted,seconded by Mr.Staat,and passed unanimously. V.ORDINANCES AND RESOLUTIONS J ORDINANCE - AMEND 13.08 - WATER CONNECTION CHARGES - 2ND READING 1° \S $ ,ytf A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance updating the water meter installation charges. The ordinance amending Moses Lake Municipal Code Chapter 13.08 entitled "Water and Sewer Connections"by amending Section 13.08.020 was read by title only. Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Rimple,and passed unanimously. VI. REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS PIONEER TRACT SHORT PLAT A letter was read from Rita Perstac,Community Development Director,which presented the Pioneer Tract Short Plat located on Pioneer Way just south of Alderwood.This plat is one lot zoned C-4,Highway Commerical.The Planning Commission recommended the following variance requests be approved: 1.Variance on vicinity map scale 2.Variance to eliminate the requirements for a cul-de-sac at the end of Juniper Drive with a covenant to run with the land for full-width street improvements on Juniper Drive. 3.Variance to install sewer and water utilities to southerly plat boundaries as required at a later date provided a covenant run with the land covering utility improvements. Mr.Edwards moved that the variances be approved,seconded by Mr.Reese,and passed unanimously. VIII. OTHER ITEMS FOR COUNCIL CONSIDERATION FRANCHISE TO CROSS MARINA DRIVE Joseph K.Gavinski,City Manager,explained the requirements the city has placed in the franchises granted to the utilities in the city.He explained that different provisions or requirements might need to be incorporated in a franchise granted to Mr.Carroll since he is an individual and not a corporation.He recommended that the franchisee be required to carry insurance similar to other franchise holders and that he be required to repair any street cuts and deposit with the city a sum of money to cover the cost of repair in the event repair of the cut is not up to city standards.The deposit could be in the form of a bond,cash,or other security acceptable to the city;or the city could charge a franchise fee and continue to require the franchisee to repair any street cuts. There was some discussion by Council and staff was requested to bring an ordinance back to Council incorporating the City Manager's recommendations. IX. COUNCIL QUESTIONS AND COMMENTS None 3627 CITY COUNCIL MINUTES:3 July 12,1983 X. CITY MANAGER REPORTS AND COMMENTS DIVISION STREET RECONSTRUCTION -BIKE PATH Joseph K.Gavinski,City Manager,requested clarification on the Council's wishes on the bike path on Division Street. There was some discussion by the Council and it was pointed out that the city has the necessary right-of-way for a bicycle path from Nelson to approximately 150' from Linden. Mr.Reese moved that the bicycle path be constructed where the city currently has the right-of-way and staff acquire the additional right-of-way necessary for future bike path,seconded by Mr.Vernier,and passed unanimously. MEETINGS Joseph K.Gavinski,City Manager,stated that there will be a meeting of the Garbage Committee at 2 p.m.in his office on July 13,1983. Joseph K.Gavinski,City Manager,stated that there will be a joint meeting of the City Council and Park and Recreation Commission at 7:30 p.m.on July 13,1983 in the Council Chambers. The regular meeting was recessed at 8:45 p.m.and the Council met in an executive session to discuss litigation.The executive meeting was adjourned at 9:15 p.m. and the regular meeting was reconvened. BOUNDARY REVIEW BOARD Mr.Rimple moved that staff be authorized to do what is necessary to appeal litigation involving the city and Grant County to the appellate level,seconded by Mr.Staat, and passed unanimously. The regular meeting was adjourned at 9:15 p.m. > Norman Johnson,Mayor / L^J u BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) In the matter of: 3628 Pioneer Tract Short Plat )Findings of Fact,Conclusions,and )Decision ) This matter,having come on before the Moses Lake City Council for action on the 12th day of July,1983,now makes the following: Findings of Fact 1.The Pioneer Tract Short Plat was first presented to the city in February 1980.The original preliminary plat approval has expired. 2.The Pioneer Tract Short Plat was again presented,in a revised form,to the city in April 1983.This plat consists of one lot and is located between Pioneer Way and Juniper Drive.The area is zoned C-4,Highway Commercial, and city water and sewer are available. 3.The short plat was presented to the Planning Commission on June 16,1983 since the owners requested the following variances: a.Variance on vicinity map because scale is not 400'=1". b.Variance to eliminate the requirement of a cul-de-sac at the end of Juniper Drive. 4.Stirling Knudsen,representing the property owner,stated that the lot will be incorporated with the adjacent two lots for a proposed development. 5.Mr.Knudsen stated that Juniper Drive is already paved to the center of the middle lot and so provides access without putting in additional street im provements.He is requesting that the requirement for a cul-de-sac be waived and Juniper Drive be dedicated the length of the plat. 6.The Planning Commission recommended to the City Council that the Pioneer Tract Short Plat be approved with the following variances and a covenant to run with the land for full width street improvements on Juniper Drive: a.Variance on vicinity map scale b.Variance to eliminate the requirement for a cul-de-sac at the end of Juniper Drive. 7.On June 30,1983 Mr.Knudsen requested an additional variance to allow the installation of water and sewer services on Juniper Drive at a later date. 8.The Planning Commission recommended to the City Council that the variance be approved with the provision that a covenant run with the land covering the improvements. 9.The City Council on July 12 approved the three variances and the covenant to cover the street and utility improvements. 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 variances to the city's subdivision ordinance for land 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 the Pioneer Tract Short Plat,no opposition to approving the variance requests. 3629 3.Since the area is zoned C-4,Highway Commercial,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 variances for the Pioneer Tract 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 1.The three variance requests for the Pioneer Tract Short Plat are hereby approved. Dated this 13th day of July,1983. CITY OF MOSES LAKE Nojrinan John; n