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1983 11 223669 CITY COUNCIL CITY OF MOSES LAKE November 22, 1983 Members Present:Norm Johnson,Charles Edwards,Bill Reese,Wayne Rimple,Bob Wallenstien,Norm Staat,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 November 8 be approved as submitted,seconded by Mr.Wallenstien,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $24,461.65 STREET 278.54 ARTERIAL STREET 2,367.69 WATER/SEWER FUND 4,917.63 WATER/SEWER CONSTRUCTION 9,922.39 1983 WATER/SEWER BONDS 377,456.73 SANITATION FUND 12,686.12 UNEMPLOYMENT COMP. INSURANCE 168.92 CENTRAL SERVICES 1,848.67 EQUIPMENT RENTAL 5,596.30 TOTAL $439,704.64 Mr.Edwards moved that the bills be approved as submitted,seconded by Mr.Rimple, and passed unanimously. I.CITIZEN INPUT None CERTIFICATES OF COMPLETION -CRIME PREVENTION A letter was read from Chief Sharp requesting that certificates of completion be given to.Clarice Vaughan,Oscar Kern,and Celia Harshman who have recently com pleted 16 hours of Crime Prevention Theory and Practice for Volunteers. Officer'Haynes explained the program and the certificates were presented by the Mayor. III.CONSIDERATION OF BIDS None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS PRESENTATION -POOL ENGINEERING -WASTE WATER TREATMENT PLANT j^os George Nordby reported on the progress of the construction of the new waste water-^^ treatment plant and related items.He felt that it would be sometime in the /O^- spring before the project was complete.A report on the change orders was pre-A^p / sented to the Council. COMMUNICATION -MOSES LAKE SPRING FESTIVAL Howard Wagner from the Moses Lake Spring Festival stated that the the Moses Lake Spring Festival Committee is asking that the city provide security and garbage service at no charge for the Spring Festival.They are also asking for $2,500 for the promotion of the Festival and Moses Lake and the Spring Festival is becoming well known and is supported by various community organizations.Letters of support were distributed from the Soroptimist International,Moses Lake Motel Association, and Moses Lake Chamber of Commerce. Mr.Wallenstien moved that the resolution be brought off the table,seconded by Mr Vernier,and passed unanimously. 3670 CITY COUNCIL MINUTES:2 November 22,1983 Mr.Wallenstien pointed out that the Council has authorized giving money to the Big Bend Ecominic Development District and he felt the Council should also support the Festival which has done more for the city than the District.He felt the request for garbage and security service should be granted but he felt that $2,000 would be ample for advertising. Mr.Wallenstien moved that the resolution be approved with the provision that $2,000 be allocated for advertising for the Spring Festival,seconded by Mr.Vernier, and passed unanimously. Mr.Rimple requested that staff keep account of the actual cost of the in-kind services the city is providing so that the Council will know how much money is involved in this type of activity. \5 ORDINANCE -AMEND 1983 BUDGET -PUBLIC HEARING -2ND READING A letter was read from Walter Fry 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. The public hearing was opened.There were no comments. Mr.Reese moved that the public hearing be closed,seconded by Mr.Rimple,and passed unanimously. Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. ORDINANCE -ADOPT 1984 BUDGET -PUBLIC HEARING -1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance adopting the 1984 Budget. The ordinance adopting the budget for the City of Moses Lake,Washington for the year of 1984 was read by title only. The public hearing was opened.There were no comments. Mr.Edwards moved that the public hearing be closed,seconded by Mr.Wallenstien, and passed unanimously. Mr.Wallenstien moved that the first reading of the ordinance be adopted,seconded by Mr.Rimple,and passed unanimously. V.ORDINANCES AND RESOLUTIONS ,„?.ORDINANCES - AMEND CHAPTER 5 - 2ND READINGS A letter was read from Joseph K.Gavinski,City Manager,which presented four ordinances relating to the costs of screening or investigating individuals for a private detective,solicitor,taxicab,or private security business license. Private Detectives -The ordinance amending Chapter 5.24 of the Moses Lake Municipal Code entitled "Private Detectives"was read by title only. Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. Solicitors -The ordinance amending Chapter 5.36 of the Moses Lake Municipal Code entitled "Solicitors"was read by title only. Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Mr.Edwards,and passed unanimously. \_ 3671 CITY COUNCIL MINUTES:3 November 22,1983 Taxi cabs -The ordinance amending Chapter 5.40 of the Moses Lake Municpal Code entitled "Taxicabs"was read by title only. Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. Private Security Business -The ordinance amending Chapter 5.44 of the Moses Lake Municipal Code entitled "Private Security Business"was read by title only. Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Mr.Edwards,and passed unanimously. ORDINANCE -PROHIBITING OFF-ROAD VEHICLE OPERATION - 1ST READING _~"~""•""~—————————————————————————————————————//y6 A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance prohibiting the off-road operation of motor vehicles and motorized bicycles in the city.The proposed ordinance has an expiration date of December 31,1985. The ordinance prohibiting the off-road operation of motor vehicles and motorized bicycles in the City of Moses Lake was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. RESOLUTION - ACCEPT GIFT - HAROLD SWEAR - HEATER A letter was read from Russ Beeman,Fire Chief,which presented a resolution accept ing the gift of an overhead gas heater from Harold Swear. The resolution accepting a gift from Mr.Harold Swear in the form of an overhead gas heater to be used by members of the Fire Department was read by title only. Mr.Edwards moved that the resolution be accepted and a letter be sent to Mr.Swear in appreciation,seconded by Mr.Wallenstien,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS CLOVER DRIVE RECONSTRUCTION o/~/ A letter was read from Rita Perstac,Municipal Services Director,which requested permission to advertise for bids for the reconstruction and overlay of Clover Drive.Funding for the Clover Drive project will be approximately 80%FAUS monies and 20%city funds and a total approximate cost of $130,000. Mr.Edwards moved that staff be authorized to call for bids,seconded by Mr.Rimple, and passed unanimously. VII.REFERRALS FROM COMMISSIONS WATER THEME PARK PRELIMINARY PLAT ,.•_ ,.'-^>~^ A letter was read from Rita Perstac,Municipal Services Director,which stated that Wheatland Development Company has submitted a preliminary plat for a 10-acre water theme park located at the intersection of Hansen Road and the State Frontage Road and Grant County and include provisions for bicycle and pedestrian traffic.The Planning Commission recommended that the preliminary plat be approved as follows: 1.Variance request be granted to change the vicinity map scale from 1"=400'to 1"=h mile. 2.Comments from the City Engineer be addressed on the final plat. Mr.Wallenstien moved that the preliminary plat be approved as recommended by the Planning Commission,seconded by Mr.Rimple,and passed with Mr.Vernier abstaining. 3672 CITY COUNCIL MINUTES:4 November 22,1983 ERNIE'S FIRST ADDITION PRELIMINARY PLAT tf A letter was read from Rita Perstac,Municipal Services Director,which presented a preliminary plat for Ernie's Truck Stop located at 1810 E.Kittleson Road.The plat consists of approximately 12 acres and is zoned C-4,Highway Commercial.Mr. Reinhard is requesting that he be allowed to delay the required street improvements on Kittleson Road.The Planning Commission recommended that the preliminary plat be approved with the stipulation that a covenant run with the land for the street improvements and the comments from the City Engineer be addressed on the final plat. The comments from the City Engineer were read. Mr.Rimple moved that Ernie's First Addition Preliminary Plat be approved as recommended by the Planning Commission,seconded by Mr.Edwards,and passed unani mously. ORDINANCES -AMEND CHAPTER 18 -1ST READINGS A letter was read from Rita Perstac,Municipal Services Director,which presented four ordinances amending the residential zones of the city.The new ordinances allow manufactured housing in the R-2 and R-3 zones as a conditional use permit. The Rural Residence has two zones,RR-A and RR-B.The RR-B zone permits manufac tured homes. R-i Zone -The ordinance repealing Chapter 18.15 of the Moses Lake Municipal Code entitled "R-l,Single Family Residential Zone"and establishing a new Chapter 18.16 of the Moses Lake Municipal Code entitled "R-l,Single Family Residential Zone"was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted and a public hearing be set for December 12,1983,seconded by Mr.Wallenstien. R-2 Zone -The ordinance repealing Chapter 18.18 of the Moses Lake Municipal Code entitled "R-2,Single Family and Duplex Zone"and establishing a new Chapter 18.19 of the Moses Lake Municipal Code entitled "R-2,Single Family and Two Family Resi dence Zone"was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted and a public hearing be set for December 13,seconded by Mr.Wallenstien,and passed unanimously. R-3 Zone -The ordinance repealing Chapter 18.21 of the Moses Lake Municipal Code entitled "R-3,Multi-Family Residential Zone"and establishing a new Chapter 18.22 of the Moses Lake Municipal Code entitled "R-3,Multi-family Residence Zone"was read by title only. Mr.Rimple felt that the city could be lowering its standards if it allows manufac tured homes in these zones without requiring them to be placed on foundations.He pointed out that coventional homes are constructed on foundations but manufactured homes can be placed on footings and piers or on blocks. Mr.Edwards moved that the first reading of the ordinance be adopted,and a public hearing be set for December 13,seconded by Mr.Wallenstien. RR Zone -The ordinance establishing Chapter 18.14 of the Moses Lake Municipal Code entitled "RR,Rural Residence Zone"was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted and the public hearing be set for December 13,seconded by Mr.Wallenstien,and passed unanimously. ORDINANCE - AMEND ZONING DEFINITIONS - 1ST READING A letter was read from Rita Perstac,Municipal Services Director,which presented an ordinance amending the definition chapter of the Zoning Ordinance which deletes mobile homes,adds manufactured housing,and clarifies factory built housing. The ordinance amending Chapter 18.06 of the Moses Lake Municipal entitled "Defini tions"was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted and a public hearing be set for December 13,seconded by Mr.Wallenstien,and passed unanimously. \V 3673 CITY COUNCIL MINUTES:5 November 22,1983 VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION None IX.COUNCIL QUESTIONS AND COMMENTS None X. CITY MANAGER REPORTS AND COMMENTS JAIL SERVICES CONTRACT _ Joseph K.Gavinski,City Manager,stated that he executed the Jail Services Con tract with Grant County as authorized by Council but the County would like some changes.He stated that the County would like the fee changed from $22 to $24 and would like the city to provide medical care for the prisoners incarcerated because of a city ticket.He stated that the statutes state that the city does not have to provide medical care for prisoners once they are sentenced.He recommended that the language remain as is. Felix Ramon,Grant County Sheriff,stated that he would like the fee raised to $24 and also that further negotiations should be conducted between the city and the county concerning the health care issue. There was some discussion by the Council. Mr.Wallenstien moved that the charge for boarding a prisoner be changed from $22 to $24,seconded by Mr.Edwards,and passed unanimously. Further discussions will be held between the city and county regarding the health care costs for prisoners incarcerated on city matters. GRANT COUNTY HUMANE SOCIETY Joseph K.Gavinski,City Manager,stated that the Council discussed at a study session the possibility of raising the impound fees at the animal shelter so that the city and the county pay the same amount. Mr.Wallenstien moved that the impound fee for county impounds be raised to that imposed on the city,seconded by Mr.Johnson. Marilyn Bertram presented some figures showing the amount received for impounding animals from the city and county. The motion passed unanimously. TAXICABS Joseph K.Gavinski,City Manager,stated that the taxicab ordinance states that the Council can limit the number of taxicab licenses issued in the city.He stated that the city has received a request for a limousine service,which is essentially a taxicab service. Mr.Edwards felt that a resolution should be passed limiting the number of taxicab licenses. The City Manager was requested to bring back a resolution limiting the number of taxicab licenses in the city. The regular meeting was recessed at 9:30 p.m.and the Council met in an executive session to discuss labor relations.The executive session was adjourned at 10:30 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 10:30 p.m. ATTEST: City Clerk 3673-A BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) In the Matter of:) ) Ernie's First Addition Preliminary )FINDINGS OF FACT,CONCLUSIONS OF Plat )LAW,AND DECISION ) This matter,having come on before the Moses Lake City Council for action on November 22,1983,now makes the following: FINDINGS OF FACT 1.Ernie Reinhard,P.0,Box 3069,Federal Way,Washington,owns approxi mately 12.25 acres of land legally described as follows: That portion of Farm Unit 124,Irrigation Block 41,Seventh Revision, Basin Project,Grant County,Washington,according to the plat thereof filed August 10,1959,and more particularly being described as that por tion of the SW1/4 of the SE1/4 of Section 25,Township 19 North,Range 28 East,W.M.,County of Grant,State of Washington as shown and described on the plat known as Ernie's First Addition described as follows: Beginning at a found U.S.Bureau of Reclamation brass cap monument mark ing the southwest comer of the SE1/4 of said section;thence north 00°38'14"east on the westerly boundary line of the SE1/4 of said section a distance of 208.50 feet to a southwesterly corner of said farm unit and to the True Point of Beginning:thence south 89019'16"east on a souther ly boundary line of said farm unit a distance of 208.50 feet to another southwesterly corner of said farm unit,said line being parallel with the southerly boundary line of the SE1/4 of said section;thence south 00°38'14"west on a westerly boundary line of said farm unit a distance of 178.50 feet to the northerly boundary line of the state highway right- of-way for the road known as Kittelson Road,said line being parallel with the westerly boundary line of the SE1/4 of said section;thence south 89019'16"east on the northerly boundary line of said right-of-way a distance of 178.19 feet,said line being parallel with and 30.00 feet northerly of the centerline of said Kittelson Road and the southerly boundary line of the SE1/4 of said section,thence south 00°40,44"west a distance of 30.00 feet to the southerly boundary line of the SE1/4 of said section,said point bears south 89°19'16"east on the southerly boundary line of the SE1/4 of said section a distance of 386.67 feet from the found U.S.Bureau of Reclamation brass cap monument marking the southwest corner of the SE1/4 of said section;thence south 89°19'16" east on the southerly boundary line of the SE1/4 of said section a dis tance of 238.83 feet to a point that bears south 89°19,16"east on the southerly boundary line of the SE1/4 of said section a distance of 625.50 feet from a found U.S.Bureau of Reclamation brass-cap monument marking the southwest corner of the SE1/4 of said section;thence north 00°38'14n east a distance of 208.50 feet,said line being parallel with the wester ly boundary line of the SE1/4 of said section;thence south 89019'16" east a distance of 59.50 feet,said line being parallel with the souther ly boundary line of the SE1/4 of said section;thence north 00°38'14" east a distance of 660.00 feet,said line being parallel with the wester ly boundary line of the SE1/4 of said section;thence north 89°19'16" west a distance of 685.0 feet to the westerly boundary line of the SE1/4 of said section and to the westerly boundary line of said farm unit,said line being parallel with the southerly boundary line of the SE1/4 of said section;thence south 00°38'14"west on the westerly boundary line of the SE1/4 of said section and westerly boundary line of said farm unit a dis tance of 660.00 feet to the True Point of Beginning. 2.The area is zoned C-4,Highway Commercial. 3.A public hearing before the Moses Lake Planning Commission scheduled upon notice on the issue of platting the land in question was held on November 10,1983. 3673-B 4.There were no comments from the public and no written comments were received by the City of Moses Lake. 5.The Planning Commission recommended to the City Council that Ernie's First Addition Preliminary Plat be approved with the stipulation that a covenant run with the land for the street improvements on Kittelson Road and the following comments from the City Engineer be addressed on the final plat: a.Site plan shows plat encroaching on state right-of-way. b.Kittelson Road is a minor neighborhood arterial and will require widening to 48'curb to curb,pavement,curbs and sidewalks,and drainage are required adjacent to this property as per Municipal Code Section 17.17.030. c Preliminary plat not stamped and signed by the land surveyor per Municipal Code 17.17.030 B6g. d.Vicinity map does not show adjacent parcels and divisions of land, per Municipal Code 17.17.030 B6m. e.Size of site plan is not the same as preliminary plat map.Sheet size should be 18 x 24 -site plan is not acceptable or readable. (Municipal Code 17.17.030 B6p-1) f.Legal description -please check for corrections as shown on plat map. g.Delete certification of Community Development Director. h.Add certification by Planning Commission Chairman. i.Modify Treasurer's Certificate to match example in Municipal Code, 17.17.130 B7. 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 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 Er nie's First Addition Preliminary Plat,no opposition to approving the preliminary plat. 3.Since the area is zoned C-4,Highway Commercial,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 Ernie's First Addition Preliminary Plat would seve the best interests of the residents of the City of Moses Lake and bear a sub stantial relationship to the public welfare of the entire community. DECISION 1.Ernie's First Addition Preliminary Plat is hereby approved with the stipulation that a covenant run with the land for the street improvements I on Kittelson Road and the following comments from the City Engineer be addressed on the final plat: a.Site plan shows plat encroaching on state right-of-way. b.Kittelson Road is a minor neighborhood arterial and will require widening to 48'curb to curb,pavement,curbs and sidewalks,and drainage are required adjacent to this property as per Municipal Code Section 17.17.030. U 3673-C c Preliminary plat not stamped and signed by the land surveyor per Municipal Code 17.17.030 B6g. d.Vicinity map does not show adjacent parcels and divisions of land, per Municipal Code 17.17.030 B6m. e.Size of site plan is not the same as preliminary plat map.Sheet size should be 18 x 24 -site plan is not acceptable or readable. (Municipal Code 17.17.030 B6p-1) f.Legal description -please check for corrections as shown on plat map. g.Delete certification of Community Development Director. h.Add certification by Planning Commission Chairman. i.Modify Treasurer's Certificate to match example in Municipal Code, 17.17.130 B7. Dated July 31,1984 CITY OF MOSES LAKE injonnspT^Mayorrman