1983 08 093633
CITY COUNCIL
CITY OF MOSES LAKE
August 9,1983
Members Present:Norm Johnson,Charles Edwards,Bill Reese,Bob Wallenstien,Norm
Staat,Wayne Rimple,and Harvey Vernier
The meeting was called to order at 8 p.m.by Mayor Norm Johnson.
Mr.Edwards moved that the minutes of the meeting of July 26 be approved as sub
mitted,seconded by Mr.Wallenstien,and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL FUND $206,015.00
STREET 5,008.50
ARTERIAL STREET 891.35
WATER/SEWER FUND 14,819.96
WATER/SEWER CONSTRUCTION 686,856.32
SANITATION FUND 22,992.23
CENTRAL SERVICES 2,424.62
BUILDING MAINTENANCE 231.70
EQUIPMENT RENTAL 13,975.88
FIREMEN'S PENSION 73.30
TOTAL $953,288.86
Mr.Wallenstien moved that the bills be approved as submitted,seconded by Mr.
Reese,and passed with Mr.Edwards abstaining from voting for that portion of the
bills to Coast-to-Coast,and Mr.Rimple abstaining from voting for that portion of
the bills to Moses Lake Steel Supply.
I.CITIZEN INPUT
None
II.CONSENT AGENDA
None
III.CONSIDERATION OF BIDS
None
IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
WHEATLAND - REZONE -PUBLIC HEARING - 2ND READING
A letter was read from Rita Perstac,Community Development Director,which stated ^^
that Wheatland Development Company is requesting a zone change for approximately 10
acres of land located just east of Hansen Road from R-2,Single Family and Duplex,
to C-4,Highway Commercial.Wheatland proposes to construct a water theme park at
this location.After holding a public hearing,the Planning Commission recommended
to City Council that this rezone 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.
A letter was read from David Gaumer of Wheatland Development Company which stated
that the zone change would permit the construction of the proposed water theme park
which would benefit the city.This park would give Moses Lake a source of good
safe family entertainment and would be well supervised.It would create summer
jobs for the youth of Moses Lake and would increase the flow of tourists coming
into Moses Lake.
The public hearing was opened.
3634
CITY COUNCIL MINUTES:2 August 9,1983
Hal Reynard,engineer for the project,stated that there is a difference of 30'to
40'between the highest point of the property and the lowest part of the property
which is why it was felt to be a good location for a water theme park utilizing
water slides.Areas have been set aside for a picnic area,the water slides,a
concession area,gift shop,other pools,etc.He pointed out that the area would
not be visible from Hansen Road and that there is good access.
George Miller,807 Westshore Drive,stated that he was concerned about the traffic
since there is a rather sharp curve in it which is adjacent to the proposed site.
Mr.Raynard stated that Hansen Road is a county road and that Grant County is aware
of the proposed project.He did not feel the curve would be a hazard.He also
pointed out that a residential development could generate as much traffic as this
proposed project.
Bob Trask,807 Westshore Drive,stated that he is basically opposed to the rezone
not the water theme park.He presented a petition opposing the rezone.He also
stated that the same people also own additional acreage in the county and people
were concerned about what type of development would be proposed for that area.
Ralph Kincaid,807 Westshore Drive,stated that he was representing two of the
property owners of Poplar Sands and that they were in favor of the rezone.He also
stated that the additional property is not in the city at this time and therefore
is under the control of Grant County.
Kenneth Oxborrow,Grant County Mall,stated that nothing is being proposed for the
additional property at this time.
Mark Beneke,256 Earl Road,stated that he was totally in favor of the project.He
felt it would greatly benefit the city.He felt that it is in a good location
since the State Park and the golf course are in this same general area.He also
pointed out that the developers are citizens of Moses Lake and not outside developers.
Dave Gaumer,129 Schilling Drive,representing Wheatland Development,stated that
he had also started a petition in favor of the project.He presented the petition
with 132 signatures on it.
Robert Bumgardner,1011 Dune Lake Loop,stated that he has lived in Moses Lake
since 1946 and that he would be greatly in favor of this project.He stated that
it is in an area that has a lot of outdoor recreation areas including Moses Lake,
the State Park,the golf course,a marina,and camping.He felt it would be beneficial
to the area.
Jerry Moberg,2627 Lakeside,stated that he felt it was a good idea and would
provide a good family-type entertainment,especially in the summer months for the
school age children.
Robert Lewis,675 Eagle Drive,stated that he was objecting to the rezone and not
the water slides.
Dolores Lewis,675 Eagle Drive,stated that the residents of Mae Valley also use
Hansen Road for ingress and egress and she did not feel that a commercial develop
ment in this area would be a good idea because of the traffic.
Marshall Bue,807 Westshore,stated that there are other areas where this project
could be placed and he is totally opposed to the zone change.
Mark Beneke,256 Earl Road,stated that his neighbor had mentioned that she would
rather have her kids play in the water theme park than in the spillway.
Mr.Wallenstien moved that the public hearing be closed,seconded by Mr.Edwards,
and passed unanimously.
Mr.Edwards wanted to know if there are any homes in the area to the east of the
project designated as R-2.
Rita Perstac,Community Development Director,stated that the only homes to the
east are located in Westlake.
n
u
3635
CITY COUNCIL MINUTES:3 August 9,1983
Mr.Rimple wanted to know if the area would be screened in.Mr.Reynard stated
that they would be bringing back an Environmental Checklist for the project as a
planned unit development and would be addressing any necessary mitigating factors
at that time.
Joseph K.Gavinski,City Manager,stated that at this time the Council is only
considering the rezone,not the proposed project.If the zoning ordinance is
amended to allow recreational commercial uses in the C-4 zone,the project would be
allowed in the C-4 zone.
Mr.Wallenstien moved that the second reading of the ordinance be approved,sec
onded by Mr.Rimple,and passed with Mr.Vernier opposed.
V.ORDINANCES AND RESOLUTIONS
ORDINANCE -FRANCHISE TO CROSS MARINA DR.-CARROLL -1ST READING //c/»
Joseph K.Gavinski,City Manager,stated that Mr.Carroll is not in attendance at
the meeting but that the franchise is constructed to protect the city.
There was some discussion by the Council and staff.
Mr.Rimple moved that the franchise ordinance be brought off the table,seconded by
Mr.Staat,and failed with Mr.Staat,Mr.Edwards,and Mr.Rimple in favor and Mr.
Vernier,Mr.Johnson,Mr.Wallenstien,and Mr.Reese opposed.
Mr.Rimple felt the city should take action one way or another on the franchise.
Action Taken:Mr.Johnson moved that the franchise ordinance be brought off the
table,seconded by Mr.Edwards,and passed with Mr.Reese,Mr.Wallenstien,and
Mr.Vernier opposed.
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 ky title only.
Mr.Rimple moved that the first reading of the ordinance be adopted,seconded by
Mr.Edwards,and failed with Mr.Edwards and Mr.Rimple in favor.
VI. REQUESTS TO CALL FOR BIDS
RESERVOIR #6
A letter was read from M.G.McLanahan,Assistant Public Works Director,which /^'
requested authorization to call for bids for a two million gallon reservoir to be
located on "N"NE at Wheeler Road.This reservoir is to be funded by the Economic
Development Administration and the City of Moses Lake.
Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Edwards,
and passed unanimously.
VII. REFERRALS FROM COMMISSIONS
ORDINANCE -AMEND 18.06 -DEFINITIONS -1ST READING
/0O-7
A letter was read from Rita Perstac,Community Development Director,which stated
that the City Council had tabled the second reading of the ordinance amending the
C-4,Highway Commerical Zone until definitions could be drafted for grocery stores
and commercial recreational uses.Staff also drafted a definition for convenience
food store.The Planning Commission reviewed the definitions and recommended to
the Council that the definitions not be adopted as they prefered to evaluate each
proposal on its merits rather than be locked into definitions.
The ordinance amending the Moses Lake Municipal Code Chapter 18.06 entitled "Defini
tions"was read by title only.
3636
\)
10
CITY COUNCIL MINUTES:4 August 9,1983
Mr.Rimple felt that the Planning Commission was asking that definitions be elimin
ated for the C-4 zone and he felt that would adversely affect every other zone.
Joseph K.Gavinski,City Manager,stated that it was his understanding that the
Planning Commission wished to use the commonly understood definition of a grocery
store and a commercial recreational use.They felt that by leaving it as a condi
tional use in the C-4 zone,it would give them the opportunity to review individu
al projects rather than making it somewhat more expansive.
Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by
Mr.Rimple,and passed with Mr.Wallenstien opposed.
COPELAND LUMBER YARDS INC.SHORT PLAT 1983 -VARIANCE REQUEST
A letter was read from Rita Perstac,Community Development Director,which stated
that Copeland Lumber Yards Inc.is short platting one lot behind their existing
site at Broadway and Yakima Street,just west of Larson Playfield.Copeland is
requesting a covenant run with the land to cover future waterline extension and
street improvements on Yakima Street the length of the plat.The Planning Commis
sion recommended to City Council that the variance request be approved.
Mr.Reese moved that the variance be granted with the stipulation that a covenant
run with the land for future waterline extension and street improvements on Yakima
Street,seconded by Mr.Wallenstien,and passed unanimously.
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
GARBAGE
Mr.Johnson stated that Gordon Meling,the city's garbage contractor,had requested
that a meeting be scheduled with the Garbage Committee.
There was some discussion and a meeting will be scheduled at a later date.
IX.COUNCIL QUESTIONS AND COMMENTS
None
X.CITY MANAGER REPORTS AND COMMENTS
SOLID WASTE COLLECTION SURVEY
Joseph K.Gavinski,City Manager,stated that a survey on solid waste collection
had been distributed July 25 and responses are coming in at this time.
PRISONER BOARD BILL
Joseph K.Gavinski,City Manager,stated that the city has already expended the
budgeted amount of $4,100.He stated that in June the city spent about $2,300 for
boarding prisoners at the Grant County Jail.The Police Chief estimated that the
city would expend between $18,000 and $20,000 for the year.
He stated that the city will be about $10,000 short of the projected revenues
coming in from Municipal Court.
Jim Whitaker,City Attorney,pointed out that the city is paying for criminal
traffic violators only.He pointed out that the new legislation that went into
effect in July costs the city more since judges no longer have any leeway in
dealing with first offenders.He stated that each one-day trial costs the city
approximately $1,100 and four more have been scheduled for this month alone.
STATISTICAL REPORT
Joseph K.Gavinski,City Manager,showed the Council the graphs that the city can
now prepare on its new plotter by using information entered into the computer on
its employees,city population over the years,etc.
n
3637
CITY COUNCIL MINUTES:5 August 9,1983
DIVISION STREET TRENCH REPAIRS
//C*(s
Joseph K.Gavinski,City Manager,stated that the city has received some complaints
about the trench that Tri-State Construction made in Division Street when laying
the sewer pipe.He pointed out that there is nothing in the contract that requires
them to patch it within a certain time.They are required to maintain the road in
a passable condition.
BLOCK GRANT -BASIN HOMES
Joseph K.Gavinski,City Manager,stated that the city is continuing its efforts
toward obtaining a Block Grant in the Basin Homes area.
FIREWORKS RESTRICTIONS
/6?iV
Joseph K.Gavinski,City Manager,stated that he is in the process of developing an
ordinance prohibiting the discharge of fireworks in city parks unless a permit is
granted.
NEPPEL WATERFRONT PARK .„?,
Joseph K.Gavinski,City Manager,stated that he had been contacted by Harry Dano
about the possibility of the city maintaining the waterfront park under a contract
with the non-profit organization now responsible for the park.He stated that it
would cost the city about $3,700 per year and Mr.Dano seemed to agree to that.He
stated that a contract would be presented to the Council at a later date.
The meeting was adjourned at 9:35 p.m.
ATTEST:
ijkip ^y^
3638
BEFORE THE CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
In the Matter of:
)
Rezone Request of Wheatland Development )Findings of Fact
Company )
This matter,having come on before the Moses Lake City Council for action on the
9th day of August,1983,now makes the following:
FINDINGS OF FACT
1.Wheatland Development Company owns approximately 10 acres of land located
just east of Hansen Road,legally described as
The HEk of the SE%and the SE%of the NE%of Section 30,Township 19 North,
Range 28 EWM,Grant County,Washington,EXCEPT that portion of the NE%of the
SE%lying southerly of a line described as follows:Beginning at a point
which is opposite and 590 feet distant from Highway Engineer's Station
1960+00 on the left;thence north 77°45'55"east to the easterly boundary of
the said NE%of the SE%,as conveyed to the State of Washington by deed
recorded October 1,1956,under Auditor's File No.278995.
And that portion of the north half of the SE%of the SE%of Section 30,
Township 19 North,Range 28 EWM,Grant County,Washington,lying north of
Primary Highway No.18,as conveyed to the State of Washington,in Grant
County Superior Court Cause No.10077.
2.This property owned by Wheatland Development Company is presently zoned R-2,
Single Family and Duplex,and Wheatland Development Company is requesting the
land be rezoned to C-4,Highway Commercial.
3.Wheatland Development Company intends to develop a water theme park on this
10 acres.
4.The adjacent property located in the city limits is zoned R-l,Single Family,
and R-2,Single Family and Duplex.The adjacent property located in the
county is zoned S-2,Suburban.
5.On June 30,1983 the Planning Commission reviewed an Environmental Checklist
for the rezone of this property and declared the rezone to have a non-significant
adverse impact on the environment.
6.A public hearing before the Planning Commission,scheduled upon notice on the
issue of rezoning the land in question was held on July 14,1983.
7.Robert Lewis,County Club Estates #3,stated that he was curious to see what
kind of development is proposed for the area.
8.Russell Hansen,Silver Sands,stated he wanted to know the proposed ingress
and egress to the development.
9.Rolando Adame,representing a property owner in Westlake,stated that he was
also curious as to what kind of development is proposed for the area.
10.Avery Harrison,2229 W.Lakeside,stated that he was concerned about the
possible increase in traffic in the area.
11.Bob Trask,Poplar Sands,stated that he was against rezoning property from
residential to commercial. He felt the area should not be rezoned until the
ingress,egress,and other questions are resolved.
12.Rita Perstac,Community Development Director,stated that the only thing the
Planning Commission is considering at this time is the rezon^and the ques
tion of ingress and egress and other problems will be considered at the time
specific plans are submitted.
3639
Wheatland:Findings:2
13.Hal Raynard,representing Wheatland Development Company,stated that the
proposed park will include picnic tables,bar-be-ques,etc.along with the
water slides.He stated the the property is surrounded on three sides by
roads and he did not feel ingress and egress would be a problem.
14.There were no further comments from the public and no written responses were
received.
15.Because the area in question is vacant land,is surrounded by vacant land,is
located adjacent to the Interstate 90 interchange and is not highly suitable
for residential development,the Planning Commission recommended approval of
the zone change request at the July 14,1983 meeting,and forwarded their
recommendation to the City Council.
16.The ordinance changing the zoning on the said property was presented to
Council on July 26 and passed on its first reading.
17.A public hearing before the City Council,scheduled upon notice on the issue
of rezoning the land in question was held August 9,1983.
18.Mr.Raynard,an engineer with the company Hammond,Collier,&Wade-Livingstone,
Wenatehee,and representing Wheatland Development Company,stated that there
is a difference of 30'to 40'between the highest point of the property and
the lowest.He further stated that areas have been set aside for the water
slides,pools,picnic area,concession area,gift shops,etc.He stated that
there is good access and a residential development could generate as much
traffic as the proposed project.
19.George Miller,807 Westshore Drive,stated that he is concerned about the
traffic since there is a rather sharp curve in the road adjacent to the
proposed site.
20.Bob Trask,807 Westshore Drive,stated that he was opposed to the rezone not
the water theme park.He presented a petition with 65 names opposing the
project.
21.Ralph Kincaid,807 Westshore Drive,representing two of the three owners of
Poplar Sands,which are adjoining property owners to the east,are in favor
of the rezone.
22.Mark Beneke,256 Earl Road,stated that he is in favor of the project,felt
it would be a benefit to the city,and is in a good location since there are
other recreational uses in this same area.
23.Dave Gaumer,129 Schilling Drive,representing Wheatland Development,presented
a petition with 132 signatures in favor of the project.
24.Robert Bumgardner,1011 Dune Lake Loop,stated that he is in favor of the
project and felt it would be beneficial to the area.
25.Jerry Moberg,2627 Lakeside,stated that he is in favor of it and felt it
would be good family-type entertainment.
26.Robert Lewis,675 Eagle Drive,stated that he is opposed to the rezone not
the water theme park.
27.Dolores Lewis,675 Eagle Drive,stated that residents of Mae Valley use
Hansen Road for ingress and egress and did not feel a commercial development
in this area would be a good idea because of the traffic.
28.Marshall Bue,807 Westshore,stated that there are other areas where this
park could be developed and was opposed to the rezone.
29.Joseph K.Gavinski,City Manager,stated that at this time the Council is
only considering the rezone,not the proposed water theme park.
3640
Wheatland:Findings:3
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 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 Wheatland Development Co.some opposition and
some support to rezoning said land of approximately 10 acres from R-2,SingleIFamilyandDuplex,to C-4,Highway Commercial.
3.Since the City of Moses Lake is cognizant of the need to ser^e 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 Wheatland Development
from R-2,Single Family and Duplex,to C-4,Highway Commercial,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 approximately 10 acres of land owned by Wheatland Development Co.which
is legally described in the herein Findings of Fact and whicp is presently
zoned R-2,Single Family and Duplex,is hereby rezoned C-4,Highway Commercial
2.The rezoning of the land in question is to become effective upon passage and
publication of the necessary ordinance as is required by law.
Dated August 15,1983 with the necessary ordinance being passed August 9,1983.
CITY OF MOSES LAKE
3640-a
BEFORE THE CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
)
In the matter of:)
)
Copeland Lumber Yards Inc.Short )Findings of Fact,Conclusions,
Plat 1983 )and Decision
)
This matter having come on before the Moses Lake City Council for action on
August 9,1983,now makes the following:
FINDINGS OF FACT
1.Copeland Lumber Yards Inc.owns approximately 1.3 acres of land legally
described as follows:
That portion of the SW%of the SE%of Section 28,Township 19 North,Range 28
E.W.M.,Grant County,Washington,described as follows:
Beginning at the most northerly corner of the plat of Thompson Plat No.1,as
per plat recorded in Volume 10 of Plats,page 22,records of Grant County,
Washington;thence south 45o32'30"east,a distance of 430 feet to the true
point of beginning (said true point of beginning being a point south 45°32'30"
east,330 feet from an existing concrete monument at the west corner of
Battery Orchard Tracts,Tract 73);thence continuing south 45°32'30"east,a
distance of 140 feet to a point herein designated Poinf'B".Beginning again
at the true point of beginning;thence south 44°27'30"west,a distance of
361.25 feet to a point on a line lying south llo15'0r east,a distance of
170 feet,more or less,to a point bearing south 44o27'30"west of said Point
"B";thence north 44°27'30"east,a distance of 445 feet to said Point "B".
2.The land is vacant and is zoned C-2,Limited Commercial.
3.A representative for Copeland Lumber Yards Inc.stated to the Planning Com
mission that the company has no plans for expansion at this time;therefore,
j there is no need now to install the required street and utility improvements
for this plat.
4.The Planning Commission,at their meeting on July 28,1983 recommended to the
City Council that the variance to delay street and utility improvements on
Yakima Street be approved with the stipulation that a covenant run with the
land for the construction of the improvements at a future date.
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 a
variance to the Moses Lake Subdivision Ordinance.
2.There appears,after the public meeting before the Planning Commission and
the City Council on the issue of the variance request for Copeland Lumber
Yards Inc.Short Plat 1983,no opposition to approving the variance.
3.Since the area is zoned C-2,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 variance
request for Copeland Lumber Yards Inc.Short Plat would serve the best inter
ests of the residents of the City of Moses Lake and bear a substantial rela
tionship to the public welfare of the entire community.
DECISION
1.The variance request to delay street and utility improvements on Yakima
Street as submitted for the Copeland Lumber Yards Inc.Short Plat 1983 is
approved with the stipulation that a covenant run with the land for the
construction of the improvements at a later date.
\
3640-b
Dated this 17th day of August,1983
CITY OF MOSES LAKE
^^4~P^\
n