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1985 10 223884 CITY COUNCIL CITY OF MOSES LAKE October 22,1985 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.Reese moved that the minutes of the meeting of October 8 be approved as submitted,seconded by Mr.Wallenstien,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $155,123.00 STREET 10,059.79 ARTERIAL STREET 3,063.75 STREET REPAIR &RECONSTRUCTION 47,946.98 FEDERAL SHARED REVENUE 176,470.00 STREET IMPROVEMENT 9,110.18 BUILDING AND EQUIPMENT 149.00 WATER/SEWER FUND 456,597.09 WATER/SEWER CONSTRUCTION 62,089.38 SANITATION FUND 577.08 CENTRAL SERVICES 2,893.53 BUILDING MAINTENANCE 70.90 EQUIPMENT RENTAL 16,853.39 TOTAL $941,004.07 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. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS GARDEN DRIVE DRAIN LINE A letter was read from Rita Perstac,Municipal Services Director,which stated /O^t that the bids received on the Garden Drive Drain Line were higher than the Engineer's estimate.These high bids were probably due to the expected poor weather conditions the contractor would be working under and the high water conditions during this time of year.The Council can award the bid to the low bidder or reject all bids and rebid the contract next spring. Rita Perstac,Municipal Services Director,stated that if the bid is not awar ded,the city would try to install a temporary trench for the water this winter. Action Taken:Mr.Reese moved that the bids be rejected and the project be rebid in the spring,seconded by Mr.Wallenstien. Mr.Johnson pointed out that the water creates a problem and also causes deterioration of the street. Joseph K.Gavinski,City Manager,stated that the reason for doing this proj ect at this time was to try to eliminate the deterioration of the city street and also try to help the property owners in the area alleviate their drainage problem.He stated that he would favor putting off the project until spring and suggested that the city look at a temporary solution at this time. ?<w 3885 CITY COUNCIL MINUTES:2 October 22,1985 Mr.Chandler wanted to know what the city could do as a temporary solution to the problem. Ms.Perstac stated that the city could pull up the curb and sidewalk and dig a culvert and direct the water down Ninth Street.This would cost approximately $3,000. Mr.Johnson stated that doing something temporary at this time would cost the city as well as doing the project in the spring. Mr.Rimple stated that the bids in the spring may be lower than now. The motion passed with Mr.Edwards,Mr.Staat,Mr.Chandler,and Mr.Johnson in favor and Mr.Rimple,Mr.Reese,and Mr.Wallenstien opposed. Mr.Edwards wanted to know how long this contract would last. Ms.Perstac stated that it would take about 45 working days depending on weather,temperature,etc. Mr.Chandler wanted to know if the problem for the property owners could be alleviated. Mr.Rimple stated that the city can only work on the street problem and the property owners will have to put in their own drains and they probably will not do that until spring. Ms.Perstac stated that one property owner has put in a deep trench around the perimeter of his backyard and used perforated pipe and it works very well. She stated that the city is encouraging the other property owners on that side of the street to put this type of drain in.The cost is about $10 per foot. She stated that the property owners expect the proposed drain in Garden Drive to reduce the water table and move the water from this area more quickly.She stated that some property owners have suggested the city wait till spring to do this project. Action Taken:Mr.Edwards moved that the bids be rejected,the city be au thorized to call for bids in the spring,and that the city do what it can to alleviate the problem till spring,seconded by Mr.Rimple,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION -MOSES LAKE MOTEL ASSOCIATION A letter was read from John Jerentowski,Tourism Committee Chairman,Motel Association,which requested time before the Council to discuss tourism in Moses Lake,funding for the Travel Washington tourism book,and a continued program for tourism in Moses Lake. Mr.Jerentowski stated that they are requesting matching funds from the city for additional promotion of tourism in the Moses Lake area.He stated that they are aware that the city provides to the Chamber of Commerce funds for the promotion of tourism but they feel additional funds are needed to promote Moses Lake.He felt that there is an excellent opportunity to promote Moses Lake by running an ad in the 1986-1987 Travel Washington brochure.The dead line for ads in this brochure is November 14,1985.This brochure has a dis tribution of a half million and they would like to have a quarter of a page ad for Moses Lake.This would cost $2,170 and a third of a page ad would cost $2,715.He stated that they have received pledges from 54 small businesses for a total of $2,195 but they are faced with a deadline.He stated that they are requesting that the city match the $2,195 that will be received from busi nesses in the city. Joseph K.Gavinski,City Manager,stated that the city's resolution limits the city's participation in this type of thing to $2,500.He stated there is mon ey in the Convention Center Fund but the resolution would have to be changed to accommodate this request. Action Taken:Mr.Wallenstien moved that the resolution be amended to accom modate this request,seconded by Mr.Edwards,and passed unanimously. V i 3886 CITY COUNCIL MINUTES:3 October 22,1985 COMMUNICATION -RESOLUTION - MOSES LAKE CLEAN LAKE PROJECT A letter was read from D.C.Hickok of the Moses Lake Clean Lake Project which requested time to present and discuss a draft resolution concerning the development of a comprehensive wastewater management plan for the greater Moses Lake area. Mr.Hickok stated that the main objective of the Moses Lake Clean Lake Project is to restore the quality of water in Moses Lake.He presented the Moses Lake Clean Lake Project,and explained the objectives and goals. Joseph K.Gavinski,City Manager,distributed a letter from the Municipal Ser vices Director which stated that the Planning Commission heard this same pre sentation and recommended to Council that the proposed resolution be adopted. The resolution concerning the development of a comprehensive wastewater man agement plan for the greater Moses Lake area was read by title only. Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Mr.Wallenstien,and passed unanimously. SHORELINE MANAGEMENT MASTER PLAN - BIENNIAL REVIEW - PUBLIC HEARING A letter was read from Rita Perstac,Municipal Services Director,which stated that the city's Shoreline Master Plan requires that the Plan be reviewed ewery two years.The Planning Commission,after conducting a public hearing,recom mended to the Council that no changes be made to the Plan. The public hearing was opened. Shirley Kvamme requested that the Plan be amended to state that there will be no transmission lines on any of the city's lakeshore from the street right-of- way to the lake. Mr.Chandler moved that the public hearing be closed,seconded by Mr.Wal lenstien,and passed unanimously. Joseph K.Gavinski,City Manager,stated that the Plan already includes a goal to prevent the construction of utilities from degrading the natural attraction of the lake.The policy is that utility lines and services shall not inter fere with existing shoreline uses or designated natural areas;that utilities should be located so that they do not obstruct,destroy,or degrade scenic views or esthetic quality;whenever possible should be placed underground; utilities should not obstruct or hinder physical or visual access to the lake; and all existing utility systems should be improved to enhance the shoreline appearance and use wherever possible. Action Taken*:Mr.Wallenstien moved that the Shoreline Master Plan be amended to state that there will be no transmission lines on any of the city's lake shore from the street right-of-way to the lake,seconded by Mr.Chandler,and passed unanimously. ORDINANCE -ANNEXATION OF HIGHWAY 17 WASTE INCINERATION SITE -2ND READING /osy. A letter was read from Rita Perstac,Municipal Services Director,which pres ented an ordinance annexing the 171 acre site located east of Highway 17 which is proposed for the city's waste incineration site.The proposed zoning for the site is Public. 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. The public hearing was opened.There were no comments. Mr.Edwards moved that the public hearing be closed,seconded by Mr.Reese, and passed unanimously. Action Taken:Mr.Chandler moved that the second reading of the ordinance be adopted,seconded by Mr.Edwards,and passed with Mr.Rimple opposed. //3f- //V3 j)^ 0^ \t° df1 3887 CITY COUNCIL MINUTES:4 October 22,1985 V.ORDINANCES AND RESOLUTIONS ORDINANCE - ENACT MLMC 3.38 - CHECKS AND DRAFTS - 2ND 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. Action Taken:Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Chandler,and passed unanimously. ORDINANCE - AMEND 13.04 - SEWER REGULATIONS - 2ND 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. Mr.Gavinski stated that the Council should determine how far from an existing city sewer a subdivision should be before it is required to hook up. Action Taken:Mr.Wallenstien moved that the ordinance be amended by eliminating section A under 13.04.045 except for the first sentence and eliminating all of section B,and the second reading be adopted,seconded by Mr.Chandler. There was some discussion by Council and it was felt that 90 days notice would not be sufficient. Action Taken:Mr.Edwards moved that the ordinance be amended to allow a property owner six months to hook up to city sewer after notice to do so, seconded by Mr.Wallenstien and passed with Mr.Rimple and Mr.Reese opposed. Mr.Rimple felt that a survey should be conducted to find out how many people are on septic tank,how far they are from city sewer,and the probable cost to connect them to the sewer. The motion passed with Mr.Chandler,Mr.Edwards,Mr.Johnson,and Mr.Wal lenstien in favor,and Mr.Staat,Mr.Rimple,and Mr.Reese opposed. Action Taken:Mr.Edwards moved that the ordinance be amended to waive the city hook-up fee for those property owners who hook-up to city sewer within 12 months of the passage of the ordinance. Motion died for lack of a second. 0 RESOLUTION -APPROVING SCHEDULE OF ACQUIRED BONDS A letter was read from Rose Marie Van Winkle,the city's bond counsel,which presented a resolution approving the schedule of Acquired Obligations. The resolution of the City of Moses Lake,Washington,approving a schedule of Acquired Obligations to be purchased to carry out a plan of refunding of the outstanding water and sewer revenue bonds of the city as provided in Ordinance No.1184 was read by title only. Action Taken:Mr.Edwards moved that the resolution be adopted,seconded by Mr.Chandler,and passed unanimously. RESOLUTION -PETITION FOR VACATION OF BLANCHET AVENUE A letter was read from Rita Perstac,Municipal Services Director,which pres ented a resolution accepting a petition for the vacation of Blanchet Avenue between Grape and Pine.Blanchet is a dedicated but unimproved street. 3888 CITY COUNCIL MINUTES:5 October 22,1985 The resolution initiating the procedure of vacating a portion of sixty foot right-of-way dedicated as Sixth Avenue (Blanchet Avenue)adjacent to Tract 23 in Park Orchard Tracts was read by title only. Action Taken:Mr.Edwards moved that the resolution be adopted,seconded by Mr.Wallenstien,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS ORDINANCE - REZONE - ZASER AND LONGSTON - 1ST READING A letter was read from Rita Perstac,Municipal Services Director,which stated that Jessica Longston and C.V.Zaser have requested a zone change for Lots 11 through 20 of Terminal Park #2.They are proposing to rezone approximately 2.44 acres from R-2,Single Family and Two Family Residential,to R-3,Multi- family Residential,for future apartments.The area is platted and served with city sewer and water.Surrounding streets are gravelled.The Planning Commission,after conducting a public hearing,recommended that the zone change request be denied. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. Greg Zaser,representing the developers,distributed a letter to the City Council which listed the reasons and rationale for requesting the zone change. Mr.Edwards stated that he lived only a half block from this proposed develop ment and would abstain from participation in this item. Avery Harrison stated that he owns the property adjacent to this proposed re- zone and that he is opposed to it.He stated that he is building a fourplex on his property and he felt an R-3 one would affect the value of his development. Mr.Wallenstien moved that the ordinance be tabled. Motion died for lack of a second. Mr.Rimple stated that there could be problems if the property is rezoned and then not built on.He also felt there is ample R-3 zoning in Moses Lake already. Action Taken:Mr.Rimple moved that the recommendation of the Planning Com- mission be upheld,seconded by Mr.Chandler,and passed unanimously. WESTLAKE SHORES PRELIMINARY PLAT -EXTENSION A letter was read from Rita Perstac,Municipal Services Director,which stated that John Corning is requesting a one year extension of the Westlake Shores Preliminary Plat to August 1,1986.The Planning Commission recommended to the Council that the extension be granted. Action Taken:Mr.Reese moved that the one year extension be granted,secon- ded by Mr.Wallenstien,and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION UNION CARBIDE A letter was read from Joseph K.Gavinski,City Manager,which stated that it was requested by a Councilman that the request by Union Carbide to not be re quired to annex as a condition of receiving additional utility services be brought back before Council. Action Taken:Mr.Edwards moved to not reconsider the City Council's previous action and therefore,to deny Union Carbide's request to not sign the neces sary documents for annexation into the city,seconded by Mr.Wallenstien. j/9o //<2u? Ji?-'f lqy ^0° 3889 CITY COUNCIL MINUTES:6 October 22,1985 Mr.Chandler felt that to reconsider the Council's previous action and allow Union Carbide utility services without requiring annexation would be giving notice to others that if they keep coming to Council after a request has been denied the Council may eventually change their decision.He did not feel that was a good impression to make. Mr.Staat stated that he believes the expansion is all one building and a con tinuation of their existing plant. Mr.Rimple stated that there is not a complete new facility there,they are just doubling their existing facility.He stated that the city has previously granted utility services outside the city limits with no strings attached.He did not feel Union Carbide should be penalized because they did not get their expansion done before the Council passed a resolution requiring annexation in exchange for city utility services. Mr.Chandler stated that no matter what action the Council takes it is going to adversely affect someone. The motion failed with Mr.Wallenstien,Mr.Edwards,and Mr.Chandler in favor and Mr.Rimple,Mr.Reese,Mr.Staat,and Mr.Johnson opposed. Action Taken:Mr.Rimple moved that the request of Union Carbide to not be required to sign an annexation agreement before receiving additional utilities be granted,seconded by Mr.Reese,and passed with Mr.Rimple,Mr.Reese,Mr. Staat,and Mr.Johnson in favor and Mr.Chandler,Mr.Edwards,and Mr.Wal lenstien opposed. IX.COUNCIL QUESTIONS AND COMMENTS 911 Mr.Wallenstien stated that a 911 system for Grant County is on the ballot for November 4 and if it passes,every telephone line in the county will be asses sed $.50 to pay for the system.He stated that Moses Lake and Ephrata already have their own 911 system but they will still be assessed for the county's system.He felt that the citizens of Moses Lake should be made aware of this. X.CITY MANAGER REPORTS AND COMMENTS ,!>INVESTMENT REPORT Joseph K.Gavinski,City Manager,presented the investment report for the month of September 1985. 2$9 HAZARDOUS MATERIALS CONFERENCE IQI? Joseph K.Gavinski,City Manager,distributed a report from the Acting Fire Chief on the Hazardous Materials Conference he attended in Spokane. CITY HALL REMODEL Joseph K.Gavinski,City Manager,distributed a letter from Layne Stark,en gineer for the project,concerning the remodeling of City Hall. The Council discussed various options and layouts for the proposed addition and the remodeling of the existing building.It was suggested that a basement under the new section be constructed for storage.Council was informed that the cost of the building is more than what was originally budgeted and it was decided to find out whether or not the Council would be willing to authorize additional funds for the building before any more work is done on the plans. There was some discussion on how the city would finance the new addition. It was the consensus of the Council that staff proceed with the new addition including a basement. The regular meeting was recessed at 10:30 p.m.and the Council met in an ex ecutive session to discuss personnel and union negotiations.The executive session was adjourned at 11:00 p.m.and the regular meeting was reconvened. The regular meeting was adjourned at ll:0£Lp.m. City Cleri ,,.;/ 3889 a BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF THE REZONE REQUEST ) BY JESSICA LONGSTON AND C.V.ZASER ) )FINDINGS OF FACT,CONCLUSIONS, ) AND DECISION ) This matter,having come on before the Moses Lake City Council for action on October 22,1985 now makes the following: FINDINGS OF FACT 1.Jessica Longston and C.V.Zaser own approximately 2.44 acres of land legally described as follows: Lots 11 through 20 of Terminal Park #2 2.The property is presently zoned R-2,Single Family and Two Family Residential,and the owners are requesting that it be changed to R-3, Multi-family Residential. 3.The area is platted and served with city sanitary sewer and water.The surrounding streets are graveled. 4.At their October 10,1985 regular meeting the Planning Commission re viewed the Environmental Checklist for this non-project zone change and determined it to have a non-significant adverse impact on the environment. 5.A public hearing before the Planning Commission scheduled upon notice on the issue of rezoning the land in question was held on October 10,1985. 6.Avery Harrison,899 Westshore Drive,stated that he is opposed to the rezone as he felt it would devalue his adjacent property.He felt that if an 85-unit apartment complex,which would be allowed under the R-3 zone,were to be built he would have difficult in renting his fourplex that is currently under construction. 7.Greg Zaser,representing the developers,stated that an 85-unit apartment complex is what is allowed by an R-3 zone but that is not necessarily what would be developed there.He pointed out that the area adjacent to these lots is R-3 and that there is a definite need in Moses Lake for multi-family and apartment units. 8.Erland Gendreau,808 C Street,stated that they recently moved to the area and they are opposed to the zone change.He felt it would decrease the value of his property and the extra traffic would increase the dust problem already existing. 9.Keith Heinman,820 C Street,stated that he is opposed to the zone change.He stated that the area is accessible only down Ivy or down Dog wood through the residential area and an 85-unit apartment complex would greatly increase the traffic hazard and the dust problem. 10.A letter was read from George &Joan Harold,1126 Cascade,which stated they were not in favor of the zone change.They felt an apartment com plex in this area would be detrimental to the values of the existing homes. 12.Mr.Law felt that the zone change could almost be considered a spot zone even though there is adjacent R-3 property. 13.Mr.Collier stated that he would like to see a specific project before the zone change is granted. 14.Mr.Brown stated that several things should be looked at before a zone change is approved such as the general character of the area,the streets,etc.He pointed out that those areas that are R-3 adjacent to this R-2 are not utilized as R-3 since there are mainly duplexes,four- pi exes,and a church on the adjacent R-3 property. ))9q 3889b 15.The Planning Commission recommended to the City Council that the zone change request be denied. 16.The City Council considered the zone change request at their meeting on October 22,1985. 17.Greg Zaser,representing the developers,stated the reasons for request ing the zone change. 18.Avery Harrison stated that he is still opposed to the rezone. 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 meeting before the City Council on the issue of rezoning the land owned by Jessica Longston and C.V.Zaser some opposition to rezoning the said land of approximately 2.44 acres from R-2,Single Family and Two Family Residential,to R-3,Multi-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 Jessica Longston and C.V.Zaser from R-2,Single Family and Two Family Residen tial,to R-3,Multi-family Residential,would not serve the best inter ests of the residents of the City of Moses Lake and would not bear a sub stantial relationship to the public welfare of the entire community. DECISION 1.The zone change requested for the approximately 2.44 acres of land owned by Jessica Longston and C.V.Zaser which is legally described in the herein Findings of Fact and which is presently zoned R-2,Single Family and Two Family Duplex,is hereby denied. Dated:October 29,1985 CITY OF MOSES LAKE