1983 08 23I I
3641
CITY COUNCIL
CITY OF MOSES LAKE
August 23,1983
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 August 9 be approved as sub
mitted,seconded by Mr.Wallenstien,and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL FUND $9,031.96
STREET 5,563.03
ARTERIAL STREET 179.10
WATER/SEWER FUND 8,084.71
WATER/SEWER CONSTRUCTION 4,993.62
SANITATION FUND 13,003.50
UNEMPLOY.COMP INS 153.77
CENTRAL SERVICES 1,906.41
BUILDING MAINTENANCE 5.77
EQUIPMENT RENTAL 1,017.00
FIREMEN'S PENSION 93.90
TOTAL $44,032.77
Mr.Reese moved that the bills be approved as submitted,seconded by Mr.Wallen
stien,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
PRESENTATION
Major Alvin Cole,Public Affairs,United States Air Force,on behalf of Colonel
John Allen thanked the citizens of Moses Lake for the support and cooperation that
the Air Force received during the three months the Air Force was in Moses Lake.He
read a letter of thanks from General Davis of the Air Force.He also presented a
plague to the Mayor from the 92nd Bombardment Wing.
PARKING
Lois Kenison,638 Crestview,stated that a portion of a dedicated city street ^^
across from her property is being used by a private individual as a parking lot.
She stated that the Building Official had informed her that these people have the
right to park there and at no time is there less than 3 or 4 recreational vehicles
parked there.She stated that she was opposed to this.
Joseph K.Gavinski,City Manager,stated that he would look into the problem.
II.CONSENT AGENDA
None
III.CONSIDERATION OF BIDS
None
IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
None
/
,0
3642
CITY COUNCIL MINUTES:2 August 23,1983
V.ORDINANCES AND RESOLUTIONS
,)|ORDINANCE -AMEND ZONING ORDINANCE -DEFINITIONS -2ND READING
9
A letter was read from Rita Perstac,Community Development Director,which presented
an ordinance amending the definition section of the Zoning Ordinance by including
definitions for commercial/recreation and athletic uses,convenience store,and
grocery store.
The ordinance amending the Moses Lake Municipal Code Chapter 18.06 entitled Defini
tions was read by title only.
Mr.Wallenstien felt the Planning Commission's recommendation to not include these
definitions in the ordinance should be adopted and the ordinance should be denied.
Mr.Rimple pointed out that the definitions would give the Planning Commission a
guideline to follow where conditional uses are concerned.
Mr.Wallenstien moved that the second reading of the ordinance be denied,seconded
by Mr.Vernier,and passed with Mr.Rimple opposed.
\ORDINANCE -AMEND C-4 ZONE -2ND READING
\J A letter was read from Rita Perstac,Community Development Director,which presented
an ordinance adding grocery store and commercial recreational uses as conditional
uses to the C-4 Zone.
The ordinance amending Chapter 18.36 of the Moses Lake Municipal Code entitled C-4
Highway Commercial Zone.
Mr.Johnson moved that the ordinance be brought off the table,seconded by Mr.
Wallenstien,and passed with Mr.Rimple and Mr.Reese opposed.
Mr.Wallenstien moved that the second reading of the ordinance be adopted,seconded
by Mr.Vernier,and passed with Mr.Rimple and Mr.Reese opposed.
Mr.Rimple stated that the C-4 zone is very ambiguous and should be dropped from
the Zoning Ordinance or else revised so that it would serve the traveling public.
Joseph K.Gavinski,City Manager,stated that the Zoning Ordinance does have some
deficiencies and staff and Planning Commission is in the process of changing and
updating the ordinance.
,i*i ORDINANCE - AMEND FIREWORKS - 1ST READING
A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi
nance prohibiting the discharge of fireworks and pyrotechnics in any city park or
adjacent parking area.This ordinance is presented because of the number of com
plaints the city has received regarding the discharge of fireworks in city parks.
The ordinance amending Chapter 8.04 of the Moses Lake Municipal Code entitled
"Fireworks"by amending certain sections and by adding a new Section 8.04.030 was
read by title.
There was some discussion by the Council on the amount of the fine to be assessed
for failure to comply with the provisions of the ordinance.
Mr.Reese moved that the first reading of the ordinance be adopted and C-7 be added
as the penalty,seconded by Mr.Wallenstien.
Mr.Edwards felt that the $100 fine would be rather high since the parent would
probably have to pay since most fireworks are set off by juveniles.
It was pointed out that perhaps the parents would become more aware of the actions
of their children if the fine is high.
The motion passed with Mr.Edwards opposed.
3643
CITY COUNCIL MINUTES:3 August 23,1983
ORDINANCE -LICENSING REGULATIONS -TEMPORARY AND PERMANENT -1ST READING /^M
Joseph K.Gavinski,City Manager,stated that he was presenting two ordinances -
one concerning licensing of temporary or itinerant merchants and the other amending
the current licensing regulation ordinance to reflect the necessary changes if the
first ordinance is passed.He pointed out that the temporary licensing regulations
would apply to anyone conducting a business on a temporary basis including seafood
vendors,photographers,produce vendors,etc.
The ordinance creating a new Chapter 5.06 of the Moses Lake Municipal Code entitled
"Licensing Regulations -Temporary Locations"which defines,regulates,and licenses
transient merchants,itinerant merchants,and itinerant vendors,and providing
penalties for the violation thereof was read by title only.
There was some discussion by Council on the fee,the penalty for failure to comply
with the provisions of the ordinance,and the amount of annual gross income which
would be allowed before a business had to obtain a license.
Mr.Edwards moved that the first reading of the ordinance be adopted with the
license fee set at $100,the gross income less than $1,000,and the penalty set at
C-7,seconded by Mr.Wallenstien,and passed unanimously.
The ordinance amending Chapter 5.04 of the Moses Lake Municipal Code entitled
"Licensing Regulations"by amending certain sections was read by title only.
Mr.Edwards moved that the first reading of the ordinance be adopted with the
penalty set at C-4,$250,seconded by Mr.Wallenstien,and passed unanimously.
RESOLUTION -ACCEPT EASEMENT
A letter was read from Robert Townsend,Public Works Director,which presented a
resolution accepting an easement from Robert and Virginia Hoffstot along Marina
Drive.
The resolution accepting an easement to the City of Moses Lake from Robert Q.and
Virginia L.Hoffstot was read by title only.
Mr.Rimple moved that the resolution be adopted,seconded by Mr.Wallenstien,and
passed unanimously.
RESOLUTION -UTILITY OCCUPATION TAX
//CTf
A letter was read from Joseph K.Gavinski,City Manager,which presented a resolu
tion establishing a policy regarding the possible elimination of the utility tax on
electricity.This resolution states that if a facility or facilities located
within or are annexed into the City of Moses Lake where the property tax revenues
offset the loss of utility taxes on the production of electricity and the cost of
additional operating,maintenance,and capital costs the utility tax on electricity
will be eliminated city-wide.
The resolution establishing a policy regarding possible utility tax eliminations
was read by title only.
Mr.Edwards moved that the resolution be adopted,seconded by Mr.Rimple,and
passed unanimously.
VI.REQUESTS TO CALL FOR BIDS
None
VII.OTHER ITEMS FOR COUNCIL CONSIDERATION
WESTLAKE SHORES PHASE I -VARIANCE REQUEST
A letter was read from Rita Perstac,Community Development Director,which stated
that a variance request has been received for Westlake Shores Phase I.This final
plat for 17 lots was filed June 30,1983 and the city's Subdivision Ordinance does
not allow or disallow variance requests after a plat has been finaled.There is a
problem with a 200'±portion of the sidewalk along the south side of Sage Drive
/0/3
3644
CITY COUNCIL MINUTES:4 August 23,1983
where the lagoon is adjacent to the road since there is not enough land for the
sidewalk to be built between the street curb and the lagoon without the sidewalk or
land bank somehow being stabilized so it will not eventually be eroded away by wave
action.The Planning Commission recommended that the developers be allowed to
delay construction of the sidewalk for three years on Tract B,allow them to use
vegetation for erosion control on Tract B for this three year period at the end of
which time its effectiveness will be evaluated by the city,and a covenant run with
Block 2 of Westlake Shores Phase I for the future construction of the sidewalk for
Tract B and repairing any damage to the street during the three year grace period.
James A.Whitaker,City Attorney,pointed out that the plat is finaled and what is
being requested is actually an amendment to the plat not a variance.Any property
owner in the area has a vested property right in seeing the improvements installed
according to the plat and could commence a legal action to require that the im
provements be installed.
Mr.Edwards stated that it was his understanding that this was an enqineerinq
error.3
Mr.Whitaker stated that the city's Public Works Department was under the impres
sion that rip rap would be used to stablize this area.
Mr.Edwards moved that the request be denied,seconded by Mr.Vernier.
Mr.Reese pointed out that a three year grace period has been recommended and at
the end of that time the improvements could be required to be put in as oriqinallv
platted.*J
The motion failed with Mr.Edwards,Mr.Vernier,and Mr.Wallenstien in favor and
Mr.Johnson,Mr.Rimple,Mr.Reese,and Mr.Staat opposed.
Mr.Rimple moved that the plat amendment be approved by allowing the developers to
delay construction of the sidewalk for three years on Tract B,allow them to use
vegetation for erosion control,on Tract B for this three year period at the end of
which time its effectiveness will be evaulated by the city,and a covenant run with
Block 2 of Westlake Shores Phase I for the future construction of the sidewalk for
Tract B and repairing any damage to the street during the three year grace period,
seconded by Mr.Reese,and passed with Mr.Edwards and Mr.Vernier opposed.
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
FIRE DEPARTMENT FACILITY
A letter was read from Russ Beeman,Fire Chief,which stated that the Job Corps
could replace the ramp in front of the fire station and could start the project the
week of August 22.Enclosing the car port would cost approximately $10,000.
Mr.Edwards moved that staff be authorized to have the ramp in front of the Fire
Station replaced,seconded by Mr.Wallenstien,and passed unanimously.
Mr.Edwards moved that the Fire Department be authorized to proceed with the
enclosure of the car port,seconded by Mr.Rimple,and passed unanimously.
IX.COUNCIL QUESTIONS AND COMMENTS
None
X.CITY MANAGER REPORTS AND COMMENTS
UDAG ELIGIBILITY
p Joseph K.Gavinski,City Manager,stated that the city has received formal notifi
cation of its determination of eligibility for the Urban Development Action Grant
Program.
3645
CITY COUNCIL MINUTES:5 August 23,1983
URBAN ARTERIAL BOARD 6-YEAR PROGRAM
//77
Joseph K.Gavinski,City Manager,presented a status report on the UAB 6-Year
Program which will be a concern of the city since UAB funds will be requested for
the reconstruction of Division Street.
WASTE WATER TREATMENT PLANT /ao;
Joseph K.Gavinski,City Manager,stated that the total change order value antici-^il
pated for this project is only 3.1%of the total bids at the current time.This /Q~6sr
however could change as the project nears completion./oj?/
MUNICIPAL BUILDING /O'/d "V
Joseph K.Gavinski,City Manager,stated that two trusses have broken in the ceil
ing of the building at Third and Alder.He stated that it is estimated that it
will cost $4,000 to $5,000 for the structural engineer's fee and it could cost
about $45,000 to repair the building.
The meeting was recessed at 9:20 and'the Council met in an executive session to
discuss acquisition of real estate by the city and a personnel matter.The execu
tive session was adjourned at 10:15 p.m.and the regular meeting was reconvened.
The regular meeting was adjourned at 10:15 p.m.
fc££-<2
BEFORE THE CITY COUNCIL OF
THE CITY OF MOSES LAKE,WASHINGTON
)
IN THE MATTER OF:)
3645-A
)Westlake Shores Subdivision Phase I )Additional Findings of Fact,
Final Plat )Conclusions,and Decision
This matter having come on before the Moses Lake City Council for action on August
23,1983,now makes the following:
FINDINGS OF FACT
1.The Findings of Fact prepared for the Westlake Shores Subdivision Phase I
Final Plat are incorporated herein by reference.
2.The Planning Commission,at their meeting on August 11 considered an addi
tional variance to this plat which would allow the developers to delay con
struction of the sidewalk along the south side of Sage Drive where the lagoon
is adjacent to the road.The developers are proposing to use vegetation to
stabilize the bank and would like a three-year period to allow the vegetation
to establish itself before reconsidering the sidewalk construction.
3.The city's Public Works Department indicated that they have no experience
using vegetation as a stablizing agent and would perfer the developers use
rip rap.
4.A letter was read from John Corning,President of The John's Real Estate
Corporation,which requested the variance to delay construction of the
sidewalk in Tract B in order to allow time to establish vegetation along the
shoreline.The sidewalk in Tract B would be constructed when the property to
the east is developed.
5.A letter was read from M.G.McLanahan,Assistant Public Works Director,
which indicated that the city has little experience with using vegetation for
erosion control.The Public Works Department would prefer the developers to
use the traditional method of erosion control -rip rap.
6.Rita Perstac,Community Development Director,stated that the Planning Com
mission must decide two issues - the construction of the sidewalk and the use
of vegetation or rip rap as bank stabilization material for erosion control.
7.Ms.Perstac stated that the area has already been final platted with 8 vari
ances and the developers will put sidewalks in front of Lots 1 - 7 of Block 2
of Phase I of the plat.
8.Mike Corning presented some photos of areas using vegetation as erosion
control and stated that a more natural environment would look more aesthetic
than rip rap.
9.J.H.Johnson,Planning Commissioner,wanted to know if the fence proposed
for this area would still be put in.John Corning stated that the fence is
still planned to be put in but that the vegetation will make almost as an
effective a barrier as the fence.
10.Jerry Law,Planning Commissioner,wanted to know if the city could require
the developers to put in rip rap if the vegetation does not work.Ms.Perstac
stated the developers had agreed to a 3-year trial period to see if the
vegetation would work.
11.Mr.Law felt the developers should be responsible for any damage done to the
street in the 3-year period if the erosion control fails.He also felt 3
years should be an adequate time to determine if the vegetation would work as
an erosion control device.
12.Shirley Kvamme,Planning Commissioner,stated that vegetatiofi had not worked
well on the Alder Street Fill and since more variances than usual have been
granted this plat it should stand as is.
3645-B
13.Bill Bailey,Planning Commissioner,stated that there is a fairly strong
current by the Alder Street Fill and the lake also freezes and thaws which
would contribute to the problem of erosion.He stated that in the winter the
area where the vegetation is proposed for erosion control is dry.He felt
that using vegetation as erosion control is a good idea.
14.Gary Chandler,Planning Commissioner,felt that the sidewalk should be con
structed at the end of the 3-year period since the developers have already
agreed to put it in.
15.Bob Bernd,Planning Commissioner,suggested that the Planning Commission re
evaluate the need for a sidewalk in this area at the end of the 3-year period
since the sidewalk will not go any where as the adjacent property is not
developed.
16.The Planning Commission recommended to the City Council that a variance be
granted to allow the developers to delay construction of the sidewalk for 3
years on Tract B,allow them to use vegetation for erosion control on Tract B
for this 3-year period at the end of which time its effectiveness will be
evaluated by the city,and a covenant run with Block 2 of Phase I of Westlake
Shores for the future construction of the sidewalk on Tract B and any repairs
necessary to the street during this 3-year grace period.
17.The City Council considered the recommendation of the Planning Commission at
their meeting on August 23,1983.
18.James Whitaker,City Attorney,pointed out that what is actually being re
quested is a plat amendment since the plat is already filed.He stated that
any property owner in the area could commence a legal action to require the
improvements be installed as set forth in the final plat.
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 a request for an amendment to
a final plat 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 an amendment to the final plat of Westlake Shores Subdivision Phase I,no
opposition to approving the amendment.
3.Since the City of Moses Lake is cognizant of the need for the orderly devel
opment 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 amendment to the final plat of Westlake
Shores Subdivision Phase I 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 plat amendment is hereby approved allowing the developers to delay
construction of the sidewalk for three years on Tract B,allowing them to use
vegetation for erosion control on Tract B for a three year period at the end
of which time its effectiveness will be evaluated by the city,and a covenant
run with Block 2 of Westlake Shores Phase I for the future construction of
the sidewalk for Tract B and repairing any damage to the street during the
three year period.
Dated August 30,1983
CITY OF MOSES LAKE