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1985 10 083879 CITY COUNCIL CITY OF MOSES LAKE October 8,1985 Members Present:Norm Johnson,Bill Reese,David Chandler,Wayne Rimple,Norm Staat,Charles Edwards,and Bob Wallenstien The meeting was called to order at 8 p.m.by Mayor Johnson. Mr.Rimple moved that the minutes of the meeting of September 24 be approved as submitted,seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $18,435.57 STREET 1,164.58 WATER/SEWER FUND 6,898.74 CERB LOANS 45,462.90 SANITATION FUND 23,471.50 CENTRAL SERVICES 3,105.99 BUILDING MAINTENANCE 42.55 EQUIPMENT RENTAL 4,923.12 TOTAL $103,504.95 Mr.Edwards 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. CERTIFICATE A letter was read from the Acting Police Chief which stated that Officer Baltzell has attended and successfully completed the First Level Supervisor's course at the State Criminal Justice Training Academy.Officer Dale Baltzell was presented with a certificate from the Washington State Criminal Justice Training Commission certifying that he has completed this course. I.CITIZEN INPUT -None II.CONSENT AGENDA Mr.Rimple moved that the following items on the Consent Agenda be approved: 1.Shoreline Management Master Plan -Biennial Review -Set Date for Public //^? Hearing 2.Traffic Controllers -Rejection of Bids ///? 3.Variance Request -Ewert's First Short Plat //£& seconded by Mr.Chandler,and passed unanimously. III.CONSIDERATION OF BIDS - None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS None V.ORDINANCES AND RESOLUTIONS RESOLUTION - ACCEPT GIFT FROM BASIC AMERICAN FOODS A letter was read from Joseph K.Gavinski,City Manager,which presented a resolution which accepts a $4,000 cash gift from Basic American Foods to be used to partially fund an indoor swimming pool feasibility study.A feasibility study on this project will cost approximately $11,000 and the Council should discuss how the other $7,000 needed for the study will be fun ded if the gift from Basic American Foods is accepted. /O/Jl /o'/6? /;•-0 IM(/ CITY COUNCIL MINUTES:2 3880 The resolution accepting a $4,000 gift from Basic American Foods to be used to partially fund an indoor swimming pool feasibility study was read by title only. Dennis Connelly,Basic American Foods operating as American Potato and Sun- spiced,stated that they have been looking into the possibility of creating an indoor swimming facility for Moses Lake for some time.He stated that a lack of facts is a major problem and therefore they are offering to the city these funds to act as a catalyst to get a study going and an indoor pool built if possible. Eric Skaug,Skaug Brothers,stated that he is wholly in favor of such a proj ect and commends Basic American Foods for their commitment. He stated he would be interested to see what a feasibility study would present in terms of funding alternatives and the directions the city could go.He stated that there is support for this facility in the business community. Action Taken:Mr.Wallenstien moved that the resolution be adopted,seconded by Mr.Johnson,and passed unanimously. Mr.Gavinski stated that there is a need for additional money to fund the feasibility study and it could be discussed during the budget process. ORDINANCE -REFUNDING BONDS - 2ND READING A letter was read from Walter Fry,Finance Director,which presented an or dinance relating to the advance refunding of water/sewer bond for the city. The ordinance of the City of Moses Lake,Washington,providing for the is suance of $6,120,000 par value of "Water and Sewer Revenue Refunding Bonds, 1985"to refund,pay,and retire the outstanding Water and Sewer Revenue Bonds,Series A (1955),Water and Sewer Revenue Bonds,1965,Water and Sewer Revenue Bonds,1967,Water and Sewer Revenue Bonds,1973,Water and Sewer Revenue Bonds,1981,and Water and Sewer Revenue Bonds,1983 of the city; fixing the date,form,maturities,terms,and covenants of such bonds;creat ing a special refunding account;creating a special bond redemption fund to provide for the payment of the bonds authorized herein and bonds hereafter issued on a parity therewith;providing for and authorizing the purchase of United States government obligations out of the proceeds of the sale of the bonds herein authorized and out of monies presently on hand in the bond re demption funds for the bonds being refunded and for the use and application of the monies to be derived from investment of such obligations;providing for the payment and redemption of the outstanding bonds to be refunded;approving a safekeeping agreement;and confirming the sale of the bonds herein au thorized to Seattle Northwest Securities Corporation of Seattle,Washington. Steve Norman from Seattle Northwest Securities Corporation presented the pur chase offer for the bonds and explained the process to the Council. Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.Rimple,and passed unanimously. ORDINANCE -ENACT MLMC 3.38 -CHECKS AND DRAFTS - 1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordinance adopting a service or handling fee on a returned check or draft. The ordinance enacting a new Chapter 3.38 of the Moses Lake Municipal Code entitled "Checks and Drafts"was read by title only. Mr.Gavinski stated that he had left it up to the Council's discretion on whether or not to charge a fee assessed by some other retail business. After some discussion it was the consensus of the Council to eliminate that portion of the ordinance. Action Taken:Mr.Edwards moved that the ordinance be amended by deleting "or the amount charged by ,whichever is greater,"and the first reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. CITY COUNCIL MINUTES: 3 3881 ORDINANCE - AMEND 13.04 - SEWER REGULATIONS - 1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordinance amending the sewer regulations to require certain sewer hook-ups as permitted by law. The ordinance amending Chapter 13.04 of the Moses Lake Municipal Code entitled "Sewer Regulations"was read by title only. Action Taken:Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Chandler,and passed unanimously. ORDINANCE -ANNEXATION OF HIGHWAY 17 WASTE INCINERATION SITE -1ST READING /0 ^ A letter was read from Rita Perstac,Municipal Services Director,was read which presented an ordinance annexing the 171 acre site located east of High way 17 which is proposed for the city's waste incineration site. The ordinance providing for the annexation of certain territory to the City of Moses Lake,Washington and incorporating the same within the corporate limits thereof and providing for the assumption of existing indebtedness was read by title only. Action Taken:Mr.Edwards moved that the first reading of the ordinance be adopted and a public hearing be set for October 22,1985,seconded by Mr. Chandler and passed with Mr.Rimple opposed. RESOLUTION -ANNEXATION POLICY A letter was read from Joseph K.Gavinski,City Manager,which presented a /£s~f resolution setting forth a policy with regard to the provision of water and/or sewer utilities outside the corporate limits of the city and setting forth an annexation policy. The resolution setting forth a policy with regard to the provision of water and/or sewer utilities outside the corporate limits of the city and setting forth an annexation policy for the City of Moses Lake,Washington was read by title only. Mr.Chandler moved that this item be brought off the stable,seconded by Mr. Wallenstien,and passed unanimously. Mr. Edwards moved that the resolution be amended so that those areas outside the city limits of Moses Lake receiving city services be given the opportunity to sign an annexation agreement and be charged the current surcharge of 25% and those who do not sign such an agreement be charged a 100%surcharge, seconded by Mr.Wallenstien. There was some discussion by the Council. The motion failed with Mr.Edwards and Mr.Wallenstien in favor,and Mr.John son,Mr.Staat,Mr.Rimple,Mr.Chandler,and Mr.Reese opposed. Action Taken:Mr.Wallenstien moved that the resolution be adopted,seconded by Mr.Chandler,and passed with Mr.Edwards opposed. VI.REQUESTS TO CALL FOR BIDS DEMOLITION OF OLD SEWER PLANT UNITS A letter was read from Rita Perstac,Municipal Services Director,which re-J&<?/ quested authorization to call for bids for the demolition and removal of the old units still remaining at the sewer plant located at "D"Street and Lake side DRive.These units are a trickling filter 77'in diameter,the old cen tral house,a diversion box,four digestors,and two pipe galleries. Action Taken:Mr.Chandler moved that staff be authorized to call for bids, seconded Dy Mr.Rimple,and passed unanimously. 10 I*a CITY COUNCIL MINUTES:4 3882 VII. REFERRALS FROM COMMISSIONS MONTLAKE ADDITION #6 FINAL PLAT A letter was read from Rita Perstac,Municipal Services Director,which stated that Columbia Federal Bank has submitted the Montiake Addition #6 Final Plat. This plat is 13.6 acres in size with 46 lots and is located west of Division and north of 1-90.Full street and utility improvements have been constructed. Action Taken:Mr.Chandler moved that the final plat be accepted and the C* street and utility improvements be accepted with the stipulation that the com ments from the City Engineer be satisfied before the plat is signed by the city and recorded with the County Auditor,seconded by Mr.Reese,and passed ' unanimously. SPRINKLER SYSTEM ORDINANCE -REQUEST FOR DIRECTION A letter was read from Rita Perstac,Municipal Services Director,which stated that the Planning Commission has been studying the need to reinstitute a sprinkler ordinance.Before continuing the discussions,the Planning Commis sion would like some direction from Council as to whether or not the Council thinks a sprinkler ordinance is needed.The Commission is looking at a sprinkler ordinance relying on the Uniform Building Code and adding stipula tions that special occupancies with overnight quarters such as hotels,motels, apartments,or handicapped/disabled housing be fully sprinkled and any build ing over two stores also be sprinkled. After some discussion it was the consensus of the Council that the Commission is going in the right direction. VIII. OTHER ITEMS FOR COUNCIL CONSIDERATION MEETING WITH EPHRATA COUNCIL Mr.Johnson stated that the Ephrata City Council has requested a meeting with the Moses Lake City Council. A meeting was set for Tuesday,October 15 at 7 p.m.at Don's Restaurant in Soap Lake. UNION CARBIDE Joseph K.Gavinski,City Manager,stated that Union Carbide has requested that the requirement for future annexation not be applied to their current plant as a condition of receiving additional utility services.This request was pre viously tabled after a request was made for the Council to reconsider their previous action and a study session was held.If the Council wishes to change the direction given to staff,Union Carbide's request should be brought off the table and a reason for changing the direction given in the motion. Mr.Chandler moved that this item be brought off the table,seconded by Mr. Wallenstien,and passed unanimously. Action Taken:Mr.Wallenstien moved to sustain the Council's previous action and not reconsider what the Council already decided.Therefore,Union Car bide,in order to receive additional utilities from the city,must sign an agreement to annex to the city at such time as their land becomes contiguous to the city limits,seconded by Mr.Chandler. Mr.Rimple felt the city would be making a mistake by requiring Union Carbide to annex into the city. Mr.Wallenstien stated that they would not be required to annex until their land became contiguous to the city limits. Mr.Rimple felt that Union Carbide's request should be considered under Resolution 1205 as he felt they had assumed they would be receiving utility service from the city.He stated that after October 8,1985 any services needed outside the city limits had better be requested in writing from the City Council. The motion passed with Mr.Wallenstien,Mr.Staat,Mr.Chandler,and Mr.Ed wards in favor and Mr.Rimple,Mr.Reese,and Mr.Johnson opposed. n CITY COUNCIL MINUTES: 5 3883 IX.COUNCIL QUESTIONS AND COMMENTS None X.CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT Joseph K.Gavinski,City Manager,presented the investment report for the months of July and August 1985. The regular meeting was recessed at 9:30 p.m.and the Council met in an execu tive session to discuss personnel and union negotiations.The executive ses sion was adjourned at 10:30 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 10:00 p.m. city CierK BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE MONTLAKE ADDITION NO. 6 FINAL PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION 3883a This matter,having come on before the Moses Lake City Council for action on October 8,1985,now makes the following: FINDINGS OF FACT 1.The Findings of Fact,Conclusions,and Decision on the Montiake Addition #6 Preliminary Plat are incorporated herein. 2.Columbia Federal Bank has submitted the Montiake Addition #6 Final Plat for approval. 3.The property is situated in Grant County and is legally described on At tachment A. 4.The plat is for a 13.6 acre,46-1ot subdivision.Lots will range in size from 1,700 square feet to 18,000 square feet.The subdivision is located off of Division Street adjacent to 1-90.The area is zoned R-l,Single Family Residential,and will be served with city water and sewer. 5.On August 15,1985 the Planning Commission considered a request for a variance of the subdivision regulations requiring sidewalks on both sides of the street. 6.The Planning Commission recommended to the City Council that the variance request be denied and that sidewalks be required on both sides of the street in this plat. 7.On August 27,1985 the City Council considered the request for a variance of the subdivision regulations requiring sidewalks on both sides of the street. 8.The City Council denied the request by affirmign the Planning Commission recommendation. 9.On September 26,1985 the Planning Commission considered the Montiake No. 6 Final Plat and recommended to the Council that it be approved with the stipulation that the comments of the City Engineer be addressed and satisfied before the plat is signed off by the city.The City Engineer's comments are as follows: a.Discrepancy in north boundary bearing between description and draw ing:S 69°44'19"east on drawing,.S 69°44'20"east on description. b.Locations of permanent monuments are not shown.Show elevations on monuments. c.Property corners are not set. d.Lot,block,and boundary computations were not provided.Please provide closure around plat,blocks,and lots. e.North line,Lot 6.Error in dimension or distance is missing. f.Street and utilities will have to be accepted by the Council prior to filing the final plat. g.A maintenance bond in the amount of the construction cost is re quired prior to accepting utilities. 3883b h.We will do a final inspection upon completion of the punch list work.If this work is completed prior to October 2 and the bonds provided,the work could be accepted by Council at their October 8 meeting. CONCLUSIONS 1.The City Council of the City of Moses Lake is vested with the authority and has the jurisdiction under the law to approve 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 October 8,1985,no opposition to its approval. 3.The City Council is cognizant of the need to serve the welfare and best interests of the entire community,and believes that this plat will serve the best interests of the residents of the City of Moses Lake and bears a substantial relationship to the public welfare of the entire community. DECISION 1.The Montiake Addition No.6 Final Plat is approved as recommended by the Moses Lake Planning Commission. Dated: CITY OF MOSES LAKE