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1984 10 093770 CITY COUNCIL CITY OF MOSES LAKE October 9,1984 Members Present:Norm Johnson,Dave Chandler,Wayne Rimple,Norm Staat,Bill Reese,Charles Edwards,and Bob Wallenstien The meeting was called to order at 8 p.m.by Mayor Norm Johnson. Mr.Edwards moved that the minutes of the meeting of September 25 be approved as submitted,seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $23,022.91 STREET 3,443.82 ARTERIAL STREET 213.07 FEDERAL SHARED REVENUE 100,326.00 URBAN ARTERIAL 136.59 STREET IMPROVEMENT 7.38 WATER/SEWER FUND 26,061.94 WATER/SEWER CONSTRUCTION 12,031.22 SANITATON FUND 25,614.40 CENTRAL SERVICES 2,270.51 BUILDING MAINTENANCE 385.26 EQUIPMENT RENTAL 4,022.26 TOTAL $197,535.36 Mr.Chandler 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. PEDESTRIAN SAFETY AWARD A letter was read from Leisa Zucchetto,Manager,AAA Inland Automobile As-/OSA sociation,which presented the City of Moses Lake with the AAA's Pedestrian Safety Award. Ms.Zucchetto stated that traffic safety is the responsibility of every citizen and the award is given to cities who have no pedestrian fatalities for two years.She pointed out that the city has received this award on and off since 1955. I.CITIZEN INPUT LAKESHORE/PENINSULA STREET RECONSTRUCTION Joyce Rector,3312 W.Lakeshore Drive,stated that she objects to the ditches /^/f on the lower Peninsula being constructed along with the street reconstruction. She stated that there is no access to mailboxes,news boxes,and no street parking.Also,there is 1 1/2 feet of soil taken away from the water meter and water lines. Larry Shannon,4204 Lakeshore Drive,stated that several children have already fallen into the ditch and during the winter cars could slide into it.He also felt that the city could have a maintenance problem since people would use the ditch for grass clippings,trash,etc. Ann Horan,3728 Lakeshore Drive,stated that she objected to the ditches. Jerry Oestreich,3220 Lakeshore Drive,objected to the ditches and also stated that there is no problem with drainage in the area.He also pointed out that both the mailman and news carriers will have to stop in the street for deliveries. 3771 )0V* CITY COUNCIL MEETING:2 October 9,1984 Joseph K.Gavinski,City Manager,stated that he had distributed to the Coun cil the petition from the Peninsula residents,the minutes of the meeting on January 17,1984,and a memo to the Municipal Services Director regarding ditches and drainage systems for the Peninsula/Lakeshore Reconstruction Proj ect.He gave the Council some history of the project.He stated that since the city has received the complaints about the ditch on Lakeshore,the instal lation of the ditches on Peninsula was stopped until after this meeting. There was some discussion by the Council. Action Taken:Mr.Wallenstien moved that the Council discuss the relationship Detween the Council and the City Manager as it relates to this project in an executive session at the close of the meeting,seconded by Mr.Chandler,and passed unanimously. II.CONSENT AGENDA None III.CONSIDERATION OF BIDS None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS None V.ORDINANCES AND RESOLUTIONS ORDINANCES - FEES - 2ND READINGS A letter was read from Joseph K.Gavinski,City Manager,which presented or dinances amending the licensing fees for itinerant merchants,private detec tives,solicitors,taxicabs,and private security businesses. Mr.Rimple requested that the ordinances be amended to increase the fees for two years only. Licensing Regulations -Temporary Locations:The ordinance amending Moses Lake Municipal Code Chapter b.Ub entitled "Licensing Regulations -Temporary Locations"was read by title only. Action Taken:Mr.Wallenstien moved that the ordinance be amended and the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. Private Detectives:The ordinance amending Moses Lake Municipal Code Section 5.24 entitled "Private Detectives"was read by title only. Action Taken:Mr.Rimple moved that the ordinance be amended and the second reading of the ordinance be adopted,seconded by Mr.Edwards,and passed unanimously. Solicitors:Greg Hill stated that he felt the term solicitors was too general and the increased fee was too much.He pointed out that it could include the selling of raffle tickes by school children.He also stated that some people do door to door selling for additional income and do not make $100 per month. The ordinance amending Moses Lake Municipal Code Chapter 5.36 entitled "Solicitors"was read by title only. Action Taken: Mr.Wallenstien moved that the ordinance be tabled until the City Manager and City Attorney have a chance to study it,seconded by Mr. Reese,and passed unanimously. Mr. Gavinski stated that the ordinance on solicitors states that it does not apply to produce vendors or charitable organizations. Mr.Wallenstien moved that the ordinance be brought off the table,seconded by Mr.Edwards,and passed unanimously. 3772 CITY COUNCIL MINUTES:3 -October 9,1984 Action Taken:Mr.Chandler moved that the ordinance be amended and the second reading be adopted,seconded by Mr.Wallenstien,and passed unanimously. Taxicabs:The ordinance amending Moses Lake Municipal Code Chapter 5.40 enti- tled "Taxicabs"was read by title only. Action Taken:Mr.Wallenstien moved that the ordinance be amended and the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. Private Security Business:The ordinance amending Moses Lake Municipal Code Chapter 5.44 entitled "Private Security Business"was read by title only. Action Taken:Mr.Wallenstien moved that the ordinance be amended and the second reading of the ordinance be adopted,seconded by Mr.Chandler,and passed unanimously. ORDINANCE -CHAPTER 5.28 -PUBLIC DANCES -2ND READING A letter was read from James A.Whitaker,City Attorney,which presented an ordinance amending the public dance chapter of the Moses Lake Municipal Code. The ordinance amending Moses Lake Municipal Code Chapter 5.28 entitled "Public Dances"was read by title only. Action Taken:Mr.Chandler moved that the second reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. ORDINANCE -CHAPTER 6.05 -ANIMAL CONTROL -2ND READING A letter was read from James A.Whitaker,City Attorney,which presented an ordinance amending the animal control chapter of the Moses Lake Municipal Code. The ordinance amending Moses Lake Municipal Code Chapter 6.05 entitled "Animal Control"was read by title only. Action Taken:Mr.Wallenstien moved that the second reading of the ordinance be adopted,seconded by Mr.Chandler,and passed with Mr.Edwards and Mr.Rim ple opposed. ORDINANCE -CHAPTER 13.08 -WATER/SEWER CONNECTIONS -2ND READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordinance allowing separate buildings under a single ownership to be served by a single master meter. The ordinance amending Moses Lake Municipal Code Chapter 13.08 entitled "Water and Sewer Connections"was read by title only. Action Taken:Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. ORDINANCE -PAWNBROKERS AND SECONDHAND DEALERS - 1ST READING A letter was read from James A.Whitaker,City Attorney,which presented an ordinance repealing Chapters 5.20 and 5.32 of the Moses Lake Municipal Code dealing with pawnbrokers and secondhand dealers and enactin a new chapter com bining the regulations for pawnbrokers and secondhand dealers in one place. The ordinance repealing Moses Lake Municial Code Chapter 5.20 entitled "Pawnbrokers"and repealing Moses Lake Municial Code Chapter 5.32 entitled "Secondhand Dealers"and enacting a new Chapter 5.22 entitled "Pawnbrokers and Secondhand Dealers"was read by title only. Action Taken:Mr.Edwards moved that the license fee be $75 and be for a period of two years,seconded by Mr.Chandler,and passed unanimously. jOto* Jfro /0 7S /ObJ 3773 lO CITY COUNCIL MINUTES:4 October 9,1984 VI.REQUESTS TO CALL FOR BIDS /?POLICE VEHICLES A letter was read from Rita Perstac,Municipal Services Director,which re quested authorization to call for bids for three new police cars for 1985. Bids are due November 6,1984 and delivery is specified for on or after February 1,1985. Action Taken:Mr.Edwards moved that staff be authorized to call for bids on 4,b,or 8 cylinder vehicles,seconded by Mr.Wallenstien,and passed unanimously. PETROLEUM PRODUCTS A letter was read from Rita Perstac,Municipal Services Director,which re quested authorization to call for bids for the 1985 fuel supply. Action Taken:Mr.Chandler moved that staff be authorized to call for bids, seconded by Mr.Rimple,and passed unanimously. DATA PROCESSING EQUIPMENT A letter was read from Walter Fry,Finance Director,which requested au thorization to call for bids for data processing equipment. Action Taken:Mr.Rimple moved that staff be authorized to call for bids, seconded by Mr.Wallenstien,and passed unanimously. VII. REFERRALS FROM COMMISSIONS CARROLL CONDITIONAL USE PERMIT -APPEAL A letter was read from Rita Perstac,Municipal Services Director,which stated that the Planning Commission reviewed their recommendation to Council to per mit a Conditional Use Permit for the construction of a mobile home park in an R-3 Zone at the intersection of Burress and Marina.The Planning Commission recommended the Conditional Use Permit be approved based on the following findings: 1.Mr.Carroll has indicated a willingness to work with the city and the residents on street width and utilities. 2.The traffic flow generated by the new development will not adversely impact the traffic on Marina Drive because the new park entrances will be on Burress and through the existing Broadway Estates park onto Broadway. 3.The development of the property as proposed will generate a lesser density than the present R-3,Multi-family Zoning will allow if developed in multi-family units. Joseph K.Gavinski,City Manager,stated that he had received a call from Tom Cordell requesting that a fence be required around the park along Marina Drive. Action Taken:Mr.Edwards moved that the Planning Commission's recommendation be accepted and the permit be granted,seconded by Mr.Wallenstien,and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION POLICE/FIRE/GENERAL LABOR AGREEMENTS fjv A letter was read from Robert G.West,Assistant to the City Manager,which presented the labor agreements for the general employees,Fire Department,and Police Department.These contracts grant a 3.25%wage increase with a .50% vision benefit for the Fire Department. Action Taken:Mr.Wallenstien moved that the labor agreements be accepted, seconded by Mr.Reese,and passed unanimously. ]D'' \0 A •€** 3774 CITY COUNCIL MINUTES:5 October 9, 1984 911 SYSTEM Joseph K.Gavinski, City Manager,stated that further discussions have been held on the 911 county-wide system.The city's increased cost for the first year would be approximately $65,000 and for subsequent years would be approxi mately $21,000.It has been suggested that Grant County could contribute $100,000 for the 911 equipment but would request that no rent be required for five years. In that case, the city's cost for the first and subsequent years would be $21,000 per year. Undersheriff Hively stated that he talked with the County Commissioners and they suggested the county assume the liabilities for procurement of the capi tal outlay items. This would elimiante another $100,000 from the first year s budget.He felt this 911 system would benefit the entire area. David Perrault wanted to know what advantages Moses Lake would enjoy by join ing in the county-wide 911 system. Undersheriff Hively stated that in an emergency such as the eruption of Mount St.Helens,a central command post results in a much smoother operation ofemergencyservices.He stated that with a central dispatch center criminal activity can be broadcast to all law enforcement agencies in the area. Mr.Wallenstien stated that he did not see any advantage to the city in join ing this system but felt it should be discussed during the budget study sessions Mr.Gavinski stated that the city staff has discussed this but generally the city has remained neutral since 911 is in place for the 765 and 766 prefixes and it is difficult to justify the additional expenditure for the county-wide 911 system. Action Taken:Mr.Wallenstien moved that further consideration of the 911 system be tabled at this time,seconded by Mr.Edwards,and failed with Mr. Wallenstien,Mr.Edwards,and Mr.Johnson in favor and Mr.Rimple,Mr.Staat, Mr.Chandler,and Mr.Reese opposed. Mr.Chandler wanted to know if the city could put the 762 prefix into the city's system. It was pointed out that the 911 system and the central dispatch center are two separate issues and that the 762 prefix could be included in the city's 911 system very easily There was some discussion by the Council. Action Taken:Mr.Edwards moved that the city participate in the county-wide 911 system provided the cost does not exceed 10%of the city's current cost. Motion died for lack of a second. Action Taken:Mr.Wallenstien moved that further consideration of the 911 system be dropped,seconded by Mr.Chandler,and passed with Mr.Edwards and Mr.Rimple opposed. It was the consensus of the Council that the 762 prefix be allowed on the city's 911 system if such a proposal is suggested. IX.COUNCIL QUESTIONS AND COMMENTS None X. CITY MANAGER REPORTS AND COMMENTS AMBULANCE SERVICE Joseph K.Gavinski,City Manager,stated that he had discussed with Samaritan ^' Hospital the possibility of the Moses Lake Fire Department taking control of the ambulance service.He stated that the hospital is not interested in relinquishing control of the ambulance service so arrangements will remain as they are at this time. j/9U 3775 1 ,^ CITY COUNCIL MINUTES:6 October 9,1984 PINE DRIVE Joseph K.Gavinski,City Manager,distributed a letter from Rev.Anthony King of Our Lady of Fatima Catholic Church thanking the city for considering the reopening of Pine Drive and stating that they would have withdrawn their request had they realized the strength of the opposition to the reopening. SECOND LAKE CROSSING Joseph K.Gavinski,City Manager,stated that he had received letters from Sid Morrision and Slade Gorton concerning possible funding sources for the second lake crossing.He also stated that he had received a telephone call from a Washington State Senate Transportation Committee staff member at the request of Senator Hansen about state assistance.He stated he would keep the Council posted on the matter. BUDGET Joseph K.Gavinski,City Manager,requested and Council set budget study ses sions on Monday,October 22 at 3 p.m.;October 29 at 7:30 p.m.;October 30 at 7:30 p.m.;November 1 at 7:30 p.m.;November 5 at 7:30 p.m.,and November 8 at 7:30 p.m. TOUR OF CITY FACILITIES v» A tour of the city facilities by Council was set for Monday,October 22 at 3 p.m. The regular meeting was recessed at 9:30 p.m.and the Council met in an execu tive session to discuss the relationship between the Council and the City Man ager as it related to the Lakeshore/Peninsula Reconstruction Project.'The executive session was adjourned at 10:05 p.m.and the regular meeting was reconvened. .0 LAKESHORE/PENINSULA RECONSTRUCTIONpiI— Mr.Chandler wanted to know if the ditches could be filled with crushed rock. This would eliminate the ditches and still allow drainage of water. Phil Bloom,City Engineer,stated that it would solve some of the drainage problems but would not be of any use when the ground is frozen and that is when the majority of the drainage problems occur in this area. Mr.Wallenstien wanted to know what the city's liability would be if the ditches are filled in and water runs onto private property. James A.Whitaker,City Attorney,stated that the law is not clear on drainage control on the remodeling of streets. Joseph K.Gavinski,City Manager,stated that it is his opinion that there is some potential liability. Action Taken:Mr.Chandler moved that the ditches be filled with aggregate rock,1 1/2"to 3"in size,seconded by Mr.Reese,and passed unanimously. The regular meeting was adjourned at 10:10 p.m. ATTEST: City Clerk 3775-A CARROLL CONDITIONAL USE PERMIT ) In the matter of:) CARROLL CONDITIONAL USE PERMIT )FINDINGS OF FACT FINDINGS OF FACT 1.Patrick Carroll,residing-at 14719 149th Avenue NE,Woodinville,Washing ton 98072,submitted an application for a Conditional Use Permit for a mobile home park to be located on the following described property: That portion of Tract 74,Battery Orchard Tracts,according to the plat thereof recorded in Acreage Plats,page 31,records of Grant County, Washington,described as follows: Commencing at the intersection-of the southwesterly line of said Tract 74 and the northwesterly right-of-way line of state highway,as conveyed to the State of Washington by deed dated December 13,1934,recorded April 25,1935,under Auditor's File No.58286 (now Broadway Avenue);thence north 45052'51"west along the southwesterly line of said Tract 74,a distance of 350.00 feet to the true point of beginning;thence continuing north 45°52,51"west along said southwesterly line,a distance of 262.81 feet to'the most westerly corner of said Tract 74,being a point on the southerly right-of-way line of Marina Drive;thence north 30°13'28"east along the northwesterly line of said Tract 74,a distance of 1,343.27 feet to the most northerly corner of said Tract 74;thence south 00°20'50"west along the easterly line of said Tract 74,a distance of 1,354.91 feet to an intersection with the northwesterly right-of-way^line of Broadway Avenue as hereinabove referred to;thence north 45°51'51" west parallel with the southwesterly line of said Tract 74,a distance of 350.00 feet;thence south 44°27'34"west parallel with the center line of said Broadway Avenue,a distance of 325.59 feet to the true point of beginning. 2.The proposed mobile home park will consist of 10 acres fronting on Marina Drive and Burress Street and will be served with city water and sewer. 3.The area is zoned C-2,Limited Commercial,and R-3,Multi-family Residential. 4.The proposed mobile home park will require full width street improvements on Burress Street and Marina Drive and city water and sewer may be re quired to be extended along Marina Drive the length of the plat. 5.On July 26,1984 the Planning Commission declared the project 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 July 26,1984. 7.Harold Hochstetter,2104 Marina Drive,appeared during the public hearing and stated that he did not want sewer extended down Marina Drive as he would have to have a lift station to connect to it.He further stated that he did not want to give up 10'of his property for the widening of Marina Drive. 8.Jerry Redall,Big Sun Resort,appeared during the public hearing and stated that he could not give up 10'of his frontage on Marina Drive and still stay in business.He further stated that the improvement costs were extremely high and it has not been shown that the utility improve ments are needed. 9.Dorse Oman,2408 Marina,appeared during the public hearing and stated that he could see no reason for Marina Drive to be widened to 60'.He stated that Marina is a quiet street with little traffic and the proposed mobile home park will not have access to it.He also stated that he did not feel he should be required to hook up to sewer as he is over 200' from the lake.He felt the proposed park would be a very nice one. 3775-B 10.Tom Cordell,2112 Marina,appeared during the public hearing and stated that the city does not need another mobile home park.He feU that even though there is no access onto Marina from this park it would still generate more traffic in the area.He stated that Marina Drive is used by walkers,joggers,and bikers a great deal,it is a unique area,and should remain so.He stated that he would not like to be forced to hook up to sewer and water.He did not feel a 60'right-of-way was necessary on Marina Drive and dedicating 10'to the city would take out his well and his apple and cherry trees.He felt that Marina should be made a one way street with a bike path.He also did not feel the developer should have to pay for the street improvements in the area when the city may improve the street at a later date. 11.Marsha Cordell,2112,Marina,appeared during the public hearing and stated that she would like to see the Marina area maintained as a recre ational area.She felt Marina Drive should be considered for a one way street from Gibby to the Hallmark Inn as a scenic and recreational road. 12.Margaret Oman,2408 Marina,appeared during the public hearing and stated that she agreed with Mrs.Cordell's comments.She also felt a sidewalk adjacent to Mr.Carroll's property would not be used as it would be on the sunny side of the street.She felt a bike path would be an asset there. 13.Patrick Carroll,proponent of the project,appeared during the public hearing and stated that the park has been designed to have as little im pact on the neighborhood as possible. 14.Mr.Bernd stated that a mobile home park on this property would have less of an impact than other allowed projects such as a multi-family project. 15.Mr.Carroll presented a proposed Binding Site Plan to the Planning Com mission for their informal review and the Planning Commissioners dis cussed the Plan and the requested variance to the requirements to con struct full width street improvements on Marina Drive and Burress Street. 16.The Planning Commission granted a Conditional Use Permit for the proposed mobile home park at their meeting on July 26,1984. 17.On August 6,1984,Tom Cordell appealed the granting of a Conditional Use Permit for the proposed mobile home park on the following grounds: A.The action of the Planning Commission was arbitrary and capricious; B.The Planning Commission failed to follow the procedures called for by Chapter 18.51 of the Moses Lake Municipal Code;and C.The Planning Commission failed to make findings of fact that are pre-requisite to granting a conditional use permit. 18.The appeal filed by Tom Cordell was scheduled to be considered by the City Council at their August 14,1984 meeting,but Mr.Cordell requested consideration be rescheduled for the August 28 City Council meeting. 19.On August 28,1984 the City Council considered Mr.Cordell's appeal. 20.Tom Cordell appeared during the public meeting and stated that he felt the Planning Commission did not address the problem of increased traffic in the area and that the Findings of Fact should have been prepared prior to the actual granting of the Conditional Use Permit. 21.Patrick Carroll stated that he is working on a binding site plan with city staff and that the Conditional Use Permit was issued so he could go ahead with the project.He further stated that the project is designed to minimize traffic and he felt Mr.Cordell's objection was to the pro cedures,not the traffic. 3775-C 22.Mr.Cordell stated that he believed the traffic problem was not really considered.He further stated that he did not like the idea of waiting for the binding site plan to find out what conditions the city will im pose.He stated that the Planning Commission has rcommended a 60'wide street for Marina and in the area of the proposed moible home park it is only 40'wide.He also stated that the question of the sewer and water extending through the plat was not answered. 23.Joseph K.Gavinski,City Manager,stated that it is not clear from the Findings whether or not there would or would not be an impact as a result of the traffic.He stated there is reference to comments having been solicited and the Planning Commission making their decision based on some of the comments.He further stated that the Council could grant the ap peal with the understanding that it is sent back to the Planning Commis sion for clarification on the traffic issue or the Council could stipu late further consideration on the appeal and send it back for clarifica tion instead of actually denying it. 24.Councilman Edwards wanted to know where the major ingress and egress would be.Municipal Services Director Rita Perstac stated that it would be off of Burress Avenue. 25.Councilman Rimple pointed out that the streets and the water and sewer would be addressed at the time the binding site plan is submitted to the city. 26.Mr.Gavinski stated that the problem seems to be a difference of opinion on the procedure.He stated that the procedures have been set up so that a proponent can obtain a conditional use permit for a project before going to the expense of drawing up a plat or binding site plan. 27.The Council sent the appeal to the Planning Commission for additional Findings of Fact. 28.The Planning Commission reconsidered Pat Carroll's request for a Condi tional Use Permit at their meeting on September 27,1984. Lj 29.The Planning Commission recommended to the City Council that the Condi tional Use Permit be granted based on the following findings: A.Mr.Carroll has indicated a willingness to work with the city and the residents on street width and utilities; B.The traffic flow generated by the mobile home park will not adverse ly impact the traffic on Marina Drive because the entrances will be on Burress and through the existing Broadway Estates Park onto Broadway;and C.The development of the property as proposed will generate a lesser density than the present R-3,Multi-family,Zoning will allow if developed in multi-family units. 30.The City Council,at their meeting on October 10,1984,considered the Planning Commission's recommendation and findings. 31.Tom Cordell requested,through the City Manager,that a sight obscuring fence be required between this development and Marina Drive. CONCLUSIONS |1.The City Council of the City of Moses Lake is vested with the authority and has the jurisdiction under the law to consider an appeal of the deci sion of the Moses Lake Planning Commission to grant a conditional use permit for a mobile home park. 2.The City Council did not support the appeal filed by Tom Cordell. 2.There appears,after the public meeting of the City Council on October 9, 1984 on the issue of the appeal of the conditional use permit no opposi tion recognized by the City Council to the granting of this permit. 3775-D DECISION 1. The City Council accepted the recommendation of the Planning Commission that the permit be granted. Dated:October 12,1984 CITY OF MOSES LAKE j^rmMi Bf.Jo