1984 06 24U
3728
CITY COUNCIL
CITY OF MOSES LAKE
June 24,1984
Members Present:Norm Johnson,Wayne Rimple,Bob Wallenstien,Norm Staat,Dave
Chandler,Chuck Edwards,and Bill Reese
The meeting was called to order at 8 p.m.by Mayor Norm Johnson.
Mr.Reese moved that the minutes of the meeting of June 12 be approved as sub
mitted,seconded by Mr.Chandler,and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL FUND $29,457.67
STREET 8,680.87
ARTERIAL STREET 515.79
URBAN ARTERIAL 28,585.19
WATER/SEWER FUND 29,321.21
WATER/SEWER CONSTRUCTION 83,972.04
SANITATON FUND 719.13
CENTRAL SERVICES 4,813.81
BUILDING MAINTENANCE 192.52
EQUIPMENT RENTAL 5,640.09
TOTAL $191,898.32
Mr.Edwards moved that the bills be approved as submitted,seconded by Mr.
Chandler,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
COPY MACHINES
Hutch Hutchinson,Hutchinson Office Supplies,stated that he wished the Coun-/^/7
cil to know that the bid on the copy machines was awarded to the second lowest
responsible bidder and that the information presented to the Council was not
accurate. He stated that his bid showed the inclusion of toner and that with
out that item he was the lowest responsible bidder on the copy machine for the
Police Department.He requested that Council reconsider the award of the
bid.
Joseph K.Gavinski,City Manager,stated that when Mr.Hutchinson contacted
him about this problem,that Business Interiors was contacted to see if their
bid included toner.Since it did,they were still the apparent second low
bidder.
There was some discussion by the Council.
Mr.Rimple moved that Council not reconsider the bids,seconded by Mr.Reese,
and passed with Mr.Wallenstien opposed.
II.CONSENT AGENDA
Mr.Wallenstien moved that the following items on the Consent Agenda be
approved:
1.Resolution -Petty Cash Fund -increase Community Development Petty Cash //36>D
and establish a Petty Cash Fund for the Engineering Department
2.Resolution -accept easement -Gazori -storm drain ZO/3
3.Endorsement of Computer System Upgrade -Police Department and Engineering /O/y
Department
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CITY COUNCIL MINUTES:2 June 26,1984
/0/9 4.Request to Call for Bids -1984 Street Overlay/Airport Runway
/0/9 5.Acceptance of Work -Clover Drive
//(j?(*6.Acceptance of Work -Force Main
//<?&7.Variance Request Z-L Short Plat -vicinity map scale
//J6?8.Variance Request -Hyland Park Short Plat -plat scale
/oSf 9.Notice of Intent to Annex -Reservoir #6
seconded by Mr.Chandler,and passed unanimously.
III.CONSIDERATION OF BIDS
None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC
HEARINGS
COMMUNICATION -GRANT COUNTY SHERIFF -BOATING REGULATIONS
.ny A letter was read from Felix Ramon,Grant County Sheriff,which stated that
'the city at the present time has no ordinance to cover the safe operation of
boats or other water use in the City of Moses Lake and requesting that one be
enacted to eliminate jurisdicational problems.
James A.Whitaker,City Attorney,pointed out that the statute states that the
city has jurisdiction for enforcement over that portion of the lake where the
city surrounds it and to the mid-point of the lake if the county owns the land
on the other side of the lake.
Mr.Johnson stated that the county is requesting the city to adopt an or
dinance so that they can enforce the law over the entire lake,not just part
of it.
Mr.Whitaker pointed out that if such an ordinance is adopted,it would put
the city in the position of being back in the criminal justice business.
There was some discussion by the Council but no decision was made.
COMMUNICATION -RETAIL TRADES -SIDEWALK SALE
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A letter was read from Al McFaddin of the Retail Trades which requested the
use of traffic cones to close the north parking lane and one westbound lane of
traffic on Third Avenue from Alder to Beech.
Mr.Edwards moved that the request be granted,seconded by Mr.Reese,and
passed unanimously.
PUBLIC HEARING -RESOLUTION -SIX YEAR STREET PLAN
A letter was read from Rita Perstac,Municipal Services Director,which pres
ented the annual update of the Six Year Street Plan.The Planning Commission
agreed with the staff's proposed ranking.
The resolution adopting the six year street construction program for 1985-1990
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.Wal
lenstien,and passed unanimously.
Mr.Wallenstien felt that Yonezawa Boulevard should be put at the bottom of
the list or it be presented to the voters to pay for it with a general obliga
tion bond.
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CITY COUNCIL MINUTES: 3
June 26,1984
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Mr.Johnson stated that at the study session in Kennewick it was decided to
send out a questionnaire to include citizen input on Yonezawa Boulevard
funding.
There was some discussion by the Council on the proposed new bridge.
Mr.Edwards moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
V.ORDINANCES AND RESOLUTIONS
ORDINANCE - SIMMONS REZONE - 2ND READING - PUBLIC HEARING
A letter was read from Rita Perstac,which stated that Mr.&Mrs.Simmons,
Viola Michel,and Lorene Campbell are requesting a rezone from Agriculture to
R-l,Single Family Residential,for approximately 15 acres of vacant land lo
cated east of Division Street across from Linden Avenue,between Baron Estates
and 1-90.The Planning Commission recommended that this rezone request be
approved.
The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code en
titled "Zoning"was read by title only.
The public hearing was opened.There were no comments.
Mr.Chandler moved that the public hearing be closed,seconded by Mr.Wal
lenstien,and passed unanimously.
Mr.Chandler moved that the second reading of the ordinance and the Findings
of Fact be adopted,seconded by Mr.Wallenstien,and passed unanimously.
ORDINANCE -VACATION OF MONTLAKE PLACE -BLACK -2ND READING
A letter was read from Rita Perstac,Municipal Services Director,which stated
that the Council passed a resolution initiating the procedure for vacating all
right-of-way known as Montiake Place.Dr.Black,owner of all lots fronting
Montiake Place,is replatting this property for new multi-family residential
construction with a private driveway instead of a street opening.Utility
easements will remain.The Planning Commission recommended that the street be
vacated.
The ordinance vacating Montiake Place was read by title only.
A letter was read from George Black which requested that the Council waive the
requierment for compensation to the city for the vacation of Montiake Place.
The public hearing was opened.There were no comments.
Mr.Edwards moved that the public hearing be closed,seconded by Mr.Chandler,
and passed unanimously.
Mr.Edwards moved that the second reading of the ordinance be adopted,and Dr.
Black be required to reimburse the city for one half of the vacated property,
seconded by Mr.Staat,and passed unanimously.
ORDINANCE -AMEND WATER AND SEWER RATES -1ST READING
A letter was read from Joseph K.Gavinski,City Manager,which stated that
Glen Jennings,Community Coordinator,Grant County Community Action Council,
requested Council to consider the adoption of an amendment to its ordinance
which would allow for an extension of time on the payment of water bills.
The ordinance amending Moses Lake Municipal Code Section 13.12.053 entitled
"Water Service Termination Procedure"was read by title only.
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CITY COUNCIL MINUTES:4 June 26,1984
Mr.Gavinski stated that it was pointed out that there should be a statement
on the city notices which indicates that this option exists.The ordinance
should be amended to add number 8 under section C as follows: A notice on the
bill should state that extensions of the time allowed for payment so that
water service termination is prevented will be handled by the Grant County
Community Action Council pursuant to subsection D.He further mentioned that
the Finance Director recommended that the effective date be sometime in Oc
tober so that the bills already on hand can be used up.
Mr.Gavinski also pointed out for the record that with this arrangement it is
understood that Grant County Community Action Council will use discretion in
its requests and that if the process is abused the situation will be reported
to Council.
Mr.Rimple moved that the ordinance be amended as recommended by staff and the
first reading be adopted,seconded by Mr.Chandler,and passed unanimously.
VI.REQUESTS TO CALL FOR BIDS
None
VII.REFERRALS FROM COMMISSIONS
ORDINANCE -REZONE -CAMPBELL/MICHEL - 1ST READING
A letter was read from Rita Perstac,Municipal Services Director,which
stated that Viola Michel and Lorene Campbell are requesting a rezone from
Agriculture to Single Family Residential,for a 20 acre parcel of presently
vacant land located east of Division Street between Baron Estates and 1-90.
The ordinance amending Section 18.09.020 of the Moses Lake Municial Code was
read by title only.
Mr.Wallenstien moved that the ordinance be adopted and a public hearing be
set for July 10,seconded by Mr.Rimple,and passed unanimously.
RESOLUTION -ABANDON EASEMENT -HYLAND PARK SHORT PLAT
A letter was read from Rita Perstac,Municipal Services Director,which stated
that George Black has submitted a preliminary one lot short plat for the
replat of Lots 10 - 13 of Hyland Park Addition #1.The replat includes vacat
ing a 10'easement adjacent to the exterior perimeter of Lots 11 and 12 of the
original plat.Neither the city nor the utility companies now have or plan to
have utilities locate in this easement.
The resolution authorizing abandonment of an easement was read by title only.
Mr.Chandler moved that the resolution be adopted,seconded by Mr.Edwards,
and passed unanimously.
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
LAKESHORE/PENINSULA DRIVE - RIGHT-OF-WAY
Rita Perstac,Municipal Services Director,stated that there is a right-of-way
problem in front of the Lakeshore Motel.The motel building and it's land
scaping encroach upon the city right-of-way by about 9'.The motel building
is about 3'behind the edge of dedicated right-of-way.There are two possible
solutions to this problem:Alternate A involves constructing the road cen
tered on the existing right-of-way.This would require raising the existing
road 5 to 6 feet adjacent to the motel.This would eliminate the ditch sec
tion adjacent to the motel and facilitate the extension of the construction
work down Wanapum 200'more or less.A construction license for easement 15'
wide will be required in order to place fill material on the property to the
east of the motel.Alternate A is estimated to cost $40,674.Alternate B
would consider construction of the road along the existing centerline and
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CITY COUNCIL MINUTES:5 June 26,1984
would require purchasing 10'of right-of-way from Mr.Wutzke to the east of
the motel.Considerably less fill would be placed adjacent to the motel.
Lakeshore Drive would meet Wanapum at grade thus eliminating the need to
reconstruct a portion of Wanapum.Alternate B would cost approximately
$33,000.
I Alternate B is the City Engineer's first choice as a solution for this year
because it requires less survey and design time,but Alternative A is the best
^—'choice from a technical basis.This solution requires the purchase of addi
tional right-of-way and the present motel owners aren't willing to request
vacation of the existing right-of-way now used as their landscaping slope.
The motel owners are saying the city should build Lakeshore Drive on the ex
isting right-of-way,eliminating the motel's landscaping slope.
The Lake Shore Motel is in agreement for the city to take that portion of the
bank adjacent and in front of the motel to complete the construction of Lake-
shore Drive with the construction company and the City being responsible and
held liable for any damages to the motel or its premises;that access to the
motel entrance be allowed at all times;and that any loss of income to the
motel,due to construction will be compensated to the current owners of the
motel.
There was some discussion by Council.
Mr.Chandler moved that Alternate A be adopted,seconded by Mr.Wallenstien,
and passed unanimously.
AGREEMENT -DISTRICT/MUNICIPAL COURTS
A letter was read from Joseph K.Gavinski,City Manager,which presented an
agreement between the city and Grant County regarding the Municipal and Dis-
j trict Courts which was amended after Council authorized the City Manager to
|J sign it.
Mr.Wallenstien moved that the City Manager be authorized to sign the agree
ment,seconded by Mr.Reese,and passed unanimously.
IX.COUNCIL QUESTIONS AND COMMENTS
None
X. CITY MANAGER REPORTS AND COMMENTS
SALES TAX //Sf-C
Joseph K.Gavinski,City Manager,stated that the city has received $240,000
in sales tax for March and April 1984.
COLUMBIA BASIN ALLIED ARTS
Joseph K.Gavinski,City Manager,stated that the letter from the Columbia
Basin Allied Arts has been forwarded to the Park and Recreation Director and
is given to Council for information only.
WATER/SEWER RATES 1983/84
Joseph K.Gavinski,City Manager,stated that this report was prepared by the
Finance Director because of the projections that have been made during 1983
and 1984.He stated that the actual amounts received and expended are very
close to what was projected.
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CITY COUNCIL MINUTES:6 June 26,1984
PUD 115 KV PROJECT
Joseph K.Gavinski,City Manager,stated that the PUD is looking at placing
their 115 KV line over the lake in the approximate location of the proposed
new bridge.Any comments on the environmental review on this project have to
be in by Friday,July 6.He stated that they are proposing a 1600 foot aerial
crossing with a minimum of 60'of vertical clearance from the water.There
will be no poles placed in the lake.The PUD estimates that it will cost
$80,000 for an aerial crossing and $900,000 for an underground crossing.
Mr.Rimple stated that he felt it should be placed underground.
Mr.Rimple moved that the Council go on record as requesting the PUD to place
the power lines underground,seconded by Mr.Reese,and passed unanimously.
The regular meeting was recessed at 9:35 p.m.and the Council met in an execu
tive session to discuss real estate and labor relations matters.The execu
tive sesion was adjourned at 10 p.m.and the regular meeting was reconvened.
The regular meeting was adjourned at 10 p.m.
ATTEST:
(/Maydr ^
City Clerk
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BEFORE THE £ITY COUNCIL
OF THE CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF:
Rezone Request by Preston and
Margett Simmons and Lorene Campbell
and Viola Michel
Findings of Fact
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This matter,having come on before the Moses Lake City Council for ac
tion on June 26,1984,now makes the following:
FINDINGS OF FACT
1.Preston and Margett Simmons and Lorene Campbell and Viola Michel own ap
proximately 15 acres of land located east of Division Street across from
Linden Avenue,between Baron Estates and 1-90,legally described as
follows:
The north 1/2,NW1/4,SW1/4,Section 26,Township 19 N,Range 28,
EWM except the Sl/2,NW1/4,NW1/4,SW1/4,Grant County,Washington.
2.The property is presently zoned Agriculture and the owners are requesting
that it be changed to R-l,Single Family Residential.
3.The Planning Commission considered an Environmental Checklist for this
proposed rezone on May 10,1984 and declared it to have a non-significant
adverse impact on the environment.The declaration was forwarded to the
Department of Ecology in Olympia for review.No comments have been
received from the Department of Ecology.A final declaration of non-
significance was issued by the city on May 25,1984.
4.A public hearing before the Planning Commission scheduled upon notice on
the issue of rezoning the land in question was held on May 24,1984.
5.There were no comments from the public.
6.A written comment was received from Mr.&Mrs.M.A.Chamberlain stating
they had no objections to the zone change.
7.The Planning Commission recommended approval of the zone change request
at the May 24,1984 meeting and forwarded their recommendation to the
City Council.
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 re
quired by law is met.
2.There appears,after the public hearing before the City Council on the
issue of rezoning the land owned by Mr.&Mrs.Simmons,Viola Michel,and
Lorene Campbell,no opposition to rezoning the said land of aproximately
15 acres from Agriculture to R-l,Single Family Residential.
3.Since the City of Moses Lake is cognizant of the need to serve the wel
fare and best interests of the entire community,the City Council of the
City of Moses Lake believes that rezoning the land owned by Mr.&Mrs.
Simmons,Viola Michel,and Lorene Campbell from Agriculture to R-l,Sin
gle Family Residential,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.
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DECISION
1.The approximately 15 acres of land owned by Mr.&Mrs.Simmons,Viola
Michel,and Lorene Campbell which is legally described in the herein
Findings of Fact and which is presently zoned Agriculture,is hereby re-
zoned R-l,Single Family Residential.
2.The rezoning of the land in question is to be or have become effective
upon passage and publication of the necesary ordinance as is required by
law.
Dated July 6,1984 with the necesary ordinance being passed June 26,1984.
CITY OF MOSES LAKE