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1985 11 263895 CITY COUNCIL CITY OF MOSES LAKE November 26,1985 Members Present:Norm Johnson,Bill Reese,David Chandler,Wayne Rimple,Norm Staat,Bob Wallenstien,and Charles Edwards The meeting was called to order at 8 p.m.by Mayor Johnson. Mr.Edwards moved that the minutes of the meetings of November 7 and 12 be approved as submitted,seconded by Mr.Chandler,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $27,830.30 STREET 9,497.76 STREET REPAIR &RECONSTRUCTION 422.00 STREET IMPROVEMENT 2,439.70 BUILDING AND EQUIPMENT 27,882.07 WATER/SEWER FUND 47,548.78 WATER/SEWER CONSTRUCTION 56,034.19 1983 WATER/SEWER BONDS 215.28 SANITATION FUND 1,027.71 CENTRAL SERVICES 2,993.10 BUILDING MAINTENANCE 165.09 EQUIPMENT RENTAL 6,438.33 TOTAL $182,494.31 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 and Mr.Edwards abstaining from voting for that portion of the bills to Coast to Coast. I.CITIZEN None INPUT II.CONSENT None AGENDA III.CONSIDERATION OF BIDS TRAFFIC SIGNAL CONTROLLER PROJECT A letter was read from Rita Perstac,Municipal Services Director,which pres-///"? ented the bids for the replacement of the traffic controllers at the five intersections in the central business district.The existing mechanical con trollers will be replaced with modern electronic controllers. Mr.Edwards moved that the bid be awarded to Basin Electric,seconded by Mr. Chandler. James A.Whitaker,City Attorney,stated that the only way the Council could award the bid to anyone besides the lowest bidder is to declare him to be an irresponsible bidder. Action Taken:Mr.Wallenstien moved that the motion be amended to award the bid,in the amount of $32,979,to J &M Electric,Inc.,seconded by Mr.Chan dler,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS PUBLIC HEARING -ORDINANCE -1986 BUDGET -2ND READING /j)/j A letter was read from Joseph K.Gavinski,City Manager,which presented an ordinance adopting the 1986 budget. 0 3896 CITY COUNCIL MINUTES:2 November 26,1985 The ordinance adopting the budget for the City of Moses Lake,Washington for the year 1986 was read by title only. The public hearing was opened.There were no comments. Mr.Rimple moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. Action Taken:Mr.Wallenstien moved that the second reading of the ordinance be adopted,seconded by Mr.Chandler,and passed unanimously. PUBLIC HEARING -ORDINANCE -REZONE -ROGERS - 2ND READING \A letter was read from Rita Perstac,Municipal Services Director,which stated that Esther Rogers has requested a zone change for approximately 3.5 acres of land lying between the lake and the railroad tracks,beyond the end of Fig Street.She is proposing to rezone the area from Light Industrial to R-3, Multi-family Residential,so that zoning will be consistent with the land use. The area is not platted and is served by a septic tank and a private well.An apartment building has existed on the property since 1955.The Planning Com mission,after conducting a public hearing,recommended that the zone change request be approved. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code 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.Edwards, and passed unanimously. Action Taken:Mr.Edwards moved that the second reading of the ordinance be adopted and the Findings of Fact approved,seconded by Mr.Wallenstien,and passed unanimously. Mr.Rimple stated that he did not see any reason for the requested rezone and he felt it would be a spot zone. The motion passed with Mr.Rimple opposed. V.ORDINANCES AND RESOLUTIONS ORDINANCE - GENERAL OBLIGATION BONDS - CITY HALL REMODEL - 2ND READING \^A letter was read from Walter Fry,Finance Director,which presented an or- »dinance relating to Councilmanic General Obligation Bonds for the financing of the remodeling of City Hall. The ordinance of the City of Moses Lake,Washington,authorizing the issuance and sale of its limited tax general obligation bonds in the aggregate prin cipal amount of $750,000;specifying the terms,date,interest rates,maturi ties,and form thereof;pledging to pay the principal of and interest on the bonds from regular tax levies;and accepting a proposal for the purchase of such bonds was read by title only. Action Taken:Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Rimple,and passed unanimously. 0$ RESOLUTION - UTILITY EASEMENT - FIRST BAPTIST CHURCH A letter was read from Rita Perstac,Municipal Services Director,which pres ented a resolution accepting a 20'x 660'easement for a sewer main on Grape Drive. The resolution accepting an easement to the City of Moses Lake from the First Baptist Church of Moses Lake was read by title only. Action Taken:Mr.Edwards moved that the resolution be adopted,seconded by Mr.staat,and passed unanimously. u 3897 CITY COUNCIL MINUTES:3 November 26,1985 RESOLUTION -AUTHORIZING EMPLOYEES TO RELEASE RETAINAGE/SAVINGS ACCOUNTS ^j fc/\ A letter was read from Walter Fry,Finance Director,which presented a resolu tion designating employees to release retainage savings accounts to contrac tors.Informal bids for this service were solicited from all banks and savings and loan institutions within the city.First Interstate and Rainier submitted nearly identical low bids.It is recommended that First Interstate be selected as it would be difficult to maintain more than one bank for this purpose. The resolution naming those employees authorized to release contractor savings account retainage on behalf of the City of Moses Lake was read by title only. Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Mr.Chandler,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS ORDINANCE - VACATE BLANCHET - 1ST READING A letter was read from Rita Perstac,Municipal Services Director,which pres-/bo / ented an ordinance vacating a portion of Blanchet Avenue located between Grape and Pine Drives.The Planning Commission,after conducting a public hearing, recommended to the Council that the vacation request be denied because of the large undeveloped area adjacent to Blanchet and the difficulty in providing access to it if Blanchet was vacated.If Blanchet is vacated,staff suggests a 20*utility easement remain for the existing overhead utilities and Blanchet right-of-way remain where it now intersects with Pine Drive. The ordinance vacating Blanchet Avenue was read by title only. Action Taken:Mr.Edwards moved that the ordinance be denied,seconded by Mr. Wallenstien,and passed unanimously. VARIANCE REQUEST -GEAR SHORT PLAT A letter was read from from Rita Perstac,Municipal Services Director,which stated that Lewellyn Gear is short platting two lots on the Lower Peninsula, located on Peninsula Drive south of Battery Road.The area is zoned R-l,Sin gle Family Residential,and city water and sewer are available.The plat re quires full width street improvements to Peninsula Drive the width of the plat.A variance is requested to defer street improvements with a covenant agreement to run with the land that requires street improvements be construct ed when required by the city and/or the land owner agree to participate in any future LID for street improvements.The Planning Commission recommended to Council that the covenant request be approved. Action Taken:Mr.Chandler moved that the variance be granted with the stipulation a covenant run with the land for the required street improvements, seconded by Mr.Reese,and passed unanimously. VARIANCE REQUEST -ARCHER'S FIRST SHORT PLAT A letter was read from Rita Perstac,Municipal Services Director,which stated that Richard and Penny Archer are short platting one lot located at 1830 Kit- telson Road.The area is zoned C-2,is .325 acres in size,and requires full width street improvements and the extension of 30'of sewer main to the east property line.City water and sewer are available.A variance is requested to defer street and utility improvements with a covenant agreement to run with the land that requires street and utility improvements be constructed when required by the city and/or the land owner agree to participate in any future LID for street improvements.The Planning Commission recommended to Council that the covenant request be approved. Action Taken:Mr.Wallenstien moved that the variance be granted with the stipulation that a covenant run with the land for the required street improve ments,seconded by Mr.Reese,and passed unanimously. //yo //<?(* «up I*\o 0 3898 CITY COUNCIL MINUTES:4 November 26,1985 PIONEER WAY COMMERCIAL PARK FINAL PLAT -AMENDMENT AND VARIANCE A letter was read from Rita Perstac,Municipal Services Director,which stated that John Hobbs of Mercer Island has submitted an amended final plat for Phase I,lots 1 -11,of the Pioneer Way Commercial Park Final Plat and requested a variance to defer Hayley Street improvements.This amendment is basically for the purpose of allowing lots fronting on Sharon and Pioneer only to be finaled first.The Planning Commission recommended to Council that the variance request be approved for Hayley Street subject to the posting of a performance bond,the City Engineer's comments be addressed and satisfied,and upon sale, lease,or development of any lot fronting on Pioneer WAy,the landscaping im provements be constructed. Action Taken:Mr.Wallenstien moved that the amended final plat be approved and the variance for Hayley Street be approved subject to the posting of a performance bond,the City Engineer's comments be addressed and satisfied,and upon sale,lease,or development of any lot fronting on Pioneer Way,the land scaping improvements be constructed,seconded by Mr.Staat,and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION 1985 OVERLAY PROJECT -ACCEPT WORK A letter was read from Rita Perstac,Municipal Services Director,which stated that Central Washington Asphalt has completed the work on the 1985 Overlay Project and recommending that the work be accepted and the 30-day lien period be entered as required for public works projects. Action Taken:Mr.Edwards moved that the work be accepted and the 30-day lien period be entered into,seconded by Mr.Chandler,and passed unanimously. NELSON ROAD RECONSTRUCTION PROJECT -ACCEPT WORK A letter was read from Rita Perstac,Municipal Services Director,which stated that Central Washington Asphalt has completed the work on the Nelson Road Reconstruction Project and recommending that the work be accepted and the 30- day lien period be entered as required for public works projects. Action Taken:Mr.Reese moved that the work be accepted and the 30-day lien period be entered into,seconded by Mr.Wallenstien,and passed unanimously. CHANGE OF COUNCIL DATE A letter was read from Joseph K.Gavinski,City Manager,which stated that the Council's second meeting in December falls on December 24,Christmas Eve,and the Council may wish to establish a different date for that meeting. Action Taken:Mr.Reese moved that the second Council meeting in December be moved to December 17,seconded by Mr.Wallenstien,and passed with Mr.Edwards opposed. IX.COUNCIL QUESTIONS AND COMMENTS SNOW REMOVAL Mr.Reese stated that he wished to congratulate the city crews on the job they did on snow removal.It was a job well done. X.CITY MANAGER REPORTS AND COMMENTS TRAFFIC CONTROLLER -VALLEY AND STRATFORD Joseph K.Gavinski,City Manager,stated that Rita Perstac,Municipal Services Director,prepared a report on the accident that occurred on November 20 at 7:15 a.m.when a motorist collided with the Valley Stratford traffic con troller cabinet,knocking out the traffic signalization.The city crews and a private electrician rigged the wiring to a 4-way flashing-red mode by 2:30 p.m.on the same day.The controller and cabinet most likely cannot be re paired because of the extensive damage which consists of a split cabinet with broken shelves and about 100 disconnected wires from cabinet walls,some sheared wires at ground level,and controller unit,logic unit,and conflict monitor essentially smashed.Because the manufacturer will not warranty any . 3899 CITY COUNCIL MINUTES:5 November 26,1985 repair work on auto accident caused damage,replacement appears likely and this controller is out of production.Replacement cost is estimated at $20,000 to $25,000,assuming no damage has occurred to underground wires which will not be known until the new controller is installed.Because of bidding procedures,it will take at least six months to repair this signal.Plans are being made to install a guardrail between the controller and the street to prevent such an event from happening again.The new controller will be able to accommodate future additional turning and pedestrian movements if the Coun cil pursues this solution to the Stratford traffic problems. 911 Joseph K.Gavinski,City Manager,stated that he had received a letter from the Grant County Commissioners stating that they were withdrawing their request for the city to provide 911 service to the 762 prefix.Their Users Advisory Committee has decided to pursue a centralized dispatch system for the entire county.They did suggest the city and county hold joint monthly meet ings to improve communications between the two governing boards. Mr.Gavinski pointed out that in order for Moses Lake to provide 911 service to other prefixes,all agencies that use the prefixes for emergency dispatch ing would have to agree including the Grant County Sheriff,ambulance,fire, etc. PUBLIC WORKS FUNDS Joseph K.Gavinski,City Manager,stated that there are public works funds available to cities at low interest rates for the reconstruction of existing public works projects.If the Council is interested in applying for the funds for capital improvements,the city would have to adopt the 1/4 cent real es tate excise tax. The regular meeting was recessed at 9:00 p.m.and the Council met in an execu tive session to discuss union negotiations.The executive session was adjour ned at 9:30 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 9:30 p.m. y??<4-«iJ&Z-zc <£*&& ayor ATTEST: eft/"Clerk //sp BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE REZONE REQUEST BY ESTHER ROGERS FINDINGS OF FACT 3899a This matter,having come on before the Moses Lake City Council for action on November 26,1985 now makes the following: FINDINGS OF FACT 1.Esther Rogers owns approximately 3.5 acres of land legally described as follows: A portion of the SW 1/4 of Section 14,Township 19 North,Range 28 EWM,Grant County,Washington described as follows shall be changed from L-I,Light Industrial Zone to R-3,Multi-family Residential,Zone. Beginning at the most northerly corner of Block 105 of Suko- Penhallurick Addition to Moses Lake,Washington;thence north 53O42'00"east,380.00 feet:thence north 36O18'00"west,773.11 feet to the point of beginning;thence continuing north 36o18'00" west,349.55 feet to the intersection of the west line of the NE 1/4 of the SW 1/4 of said Section 14;thence south 00O12'40"west, along said line 197.57 feet +to the shoreline of Moses Lake at elevation 1048,said point hereby designated "A";beginning again at the point of beginning,thence south 44°45'45"west,296.45 feet to the west line of the NE 1/4 of the SW 1/4 of said Section 14;thence south 00°12'40"west,along said line 28.64 feet,to the northwesterly boundary of the Chicago,Milwaukee,St.Paul, and Pacific Railroad right-of-way;thence south 44°46'25"west, along said railroad right-of-way,109.23 feet;thence north 45<>13'35"west,50.00 feet;thence south 44046'25"west,along said railroad right-of-way 589.39 feet + to the shore of Moses Lake at elevation 1048 feet;thence following the shoreline of Moses Lake at elevation 1048 in a northeasterly direction to the herein before designated point "A",subject to all easements, reservations,and restrictions of record. 2.The property is presently zoned L-I,Light Industrial,and the owner is requesting that it be changed to R-3,Multi-family Residential. 3.The area is not platted and is served by a septic tank and a private well.Access is off of Fig Street. 4.At their October 24,1985 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 24,1985. 6.There were no comments from the public present and no written comments were received. 7.Mr.Collier felt that the zone change could be considered spot zoning but may be a good idea in order to keep industrial development away from the lake shore. 8.Mrs.Kvamrne wanted to know which would take precedence -the spot zoning or the desire to keep industrial development away form the lake shore. Rita Perstac,Municipal Services Director,stated that spot zoning is not necessarily outright illegal and it is up to the Commission to weigh spot zoning against lake shore use. 3899b 9.Mr.Brown felt the zone change would be a good idea if only because of the Shoreline Master Plan and the desire to keep industrial development away from the lake. 10.Mr.Chandler pointed out that rezoning this property would put an R-3 zone behind a C-2 Zone as well as several business and it may cause fric tion between the businesses and the residential use. 11.Mr.Pedersen wanted to know where the closest city sewer is located. Larry Angell,City Planner,stated that the closest sewer is located on Commercial Street near the Jim Barney Tire Center and also at the inter section of Elder and Broadway. 12.Mr.Collier pointed out that nothing could be done about existing development but he would not be in favor of additional development unless it is hooked to city sewer. 13.Mr.Pray stated that the R-3 zone is used as a buffer between lower den sity residential areas and business and that is essentially what it would be here,a buffer between commercial business and the lake. 14.The Planning Commission recommended to the City Council that the zone change request be granted. 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 Esther Rogers,some opposition to rezoning the said land of approximately 3.5 acres from L-I,Light In dustrial,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 Esther Rogers from L-I,Light Industrial ,to R-3,Multi-family Residential,would serve the best interests of the residents of the City of Moses Lake and would bear a substantial relationship to the public welfare of the entire community. DECISION 1.The zone change requested for the approximately 3.5 acres of land owned by Esther Rogers which is legally described in the herein Findings of Fact and which is presently zoned L-I,Light Industrial,is hereby changed to R-3,Multi-family Residential. Dated:December 2,1985 CITY OF MOSES LAKE v / BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF PIONEER WAY COMMERCIAL PARK FINAL PLAT AMENDMENT FINDINGS OF FACT 3899 c This matter,having come on before the Moses Lake City Council for action on November 26,1985,now makes the following: FINDINGS OF FACT 1.The Findings of Fact,Conclusions,and Decision on the Pioneer Way Com mercial Park Final Plat are incorporated herein. 2.John Hobbs of Mercer Island has submitted an amendment to the Pioneer Way Commercial Park Final Plat.The previous final plat submittal proposed to final plat Phase 1 and 2.The amended final plat proposes to final plat Phase 1,lots 1-11,fronting on Sharon Avenue and Pioneer Way. 3.Mr.Hobbs is requesting a variance to defer improvements to that portion of Hayley Street which will be dedicated with this plat. 3.The property is situated in Grant County and is legally described as fol1ows: Description -Phase I In the County of Grant,State of Washington,all that portion of the nE 1/4 of Section 26,Township 19 North,Range 28 EWM,lying southwesterly of the southwesterly right-of-way line of a highway known as Pioneer Way, southerly of the southerly right-of-way line of a street known as Sharon Avenue,easterly of the easterly right-of-way line of a United States Bureau of Reclamation Irrigation Canal designated as El 20 Y upon that certain Plat of Irrigation Block 41,bearing page No.222-116-028811-21 and now on file in the office of said Bureau at Ephrata,Washington and northerly and northeasterly of the following described line: Beginning at the intersection of said right-of-way lines for Sharon Avenue and Canal El 20 Y;thence south 07°53'52"east along the easterly right-of-way line of said Canal 162.53 feet to the true point of begin ning for said line;thence north 82°06'08"east 443.71 feet to the south west corner of South Pioneer Short Plat according to the plat thereof recorded in Volume 2 of Short Plats at page 20,records of said county; thence north 75°46'35"east along the southerly line thereof 165.32 feet; thence south 38<>53'30"east 233.63 feet;thence south 37°10'17"east 63.16 feet;thence south 36°58,57"east 210.00 feet to the northwesterly line of the city plat known as Capitol Tract according to the plat there of recorded in Volume 11 of Plats at page 38,records of said county, thence north 53°01'03"east along said line 200.00 feet to the northeast corner thereof which is a point on the southwesterly line of said Pioneer Way and the end of said described line;except therefrom said South Pioneer Short Plat. 4.The City Engineer had the following comments: a.Construct sidewalk along Pioneer WAy or provide a bond in the amount of 150%of construction cost. b.Bonds are acceptable for removal of median strip.Construction of street and utilities on Hayley Street (180')the reimbursement to the city for removal of the median strip and landscaping the right- of-way adjacent to Pioneer WAy.These bond amounts would be as follows: 3899d Improvement Const.Cost Bond Amount 180'Hayley Street &Utility $23,400 $3|*i22 Pioneer Way Island Removal 3,500 5,250 Landscaping improvements at 1vcnft SR 17 and Pioneer Way 9,000 13,500 Landscapi ng/ri ght-of-way adjacent to Pioneer Way 2,250 J,J/b Total Bond Amount $57,225 Before filing the final plat the following items will be required: a.Plat filing fees b.Complete construction work and provide acceptable bonds c.Deed restrictions and any covenants to be filed with the plat d.A title report dated within 30 days of filing e.County Treasurer's report f.Certificate of Finance Director g.Set lot corners monuments and subdivision corner monuments and monu ment in street. The following changes are required to be made to the final plat: a.Indicate date of survey b.Provide elevations on subdivision corners c.Indicate monument set at lot corners in the legend d.Provide a lot and block closures e.Provide a vicinity map scale 1"=400' f.Show found bearing on north line at Capital Tracts g.Preliminary plat and final plat must be signed by the surveyor h.Show bearing on east line of lots 5,6,and 7 i Modify surveyors certificate.All lot corners will be set prior to filing.No approval has been given to set lot corners after con struction of improvements.Remove this portion of statement. 5.In a letter dated October 24,1985 to the city from Pamela Maloney,Proj ect Engineer,the developer proposes to: a The 60'Hayley Street right-of-way and curb return radii will be dedicated and a construction bond for all street improvements will be posted until such time as Phase II (the bulk of Hayley Street)is developed.This is the most cost effective approach,and will result in the best final product.Meanwhile,the existing curb, gutter,and sidewalk on Sharon Avenue will be left intact so that the dedicated right-of-way will not be used as a road until it s improved. b.As per the developer's agreement with the city during the first plat review,the developer will not construct water or sewer service lines or driveway cuts to the lots.These improvements will be made by lot purchasers,since only they will know optimal locations of same,and since the same amount of disruption to the existing streets will be required regardless. c.The new sidewalk along Pioneer Way will be constructed on plat approval. 3899e d.The 10-12'landscaping strip along Pioneer Way,consisting of top- soil,irrigation,turf (sod or seed),and trees,will be constructed by Mr.Hobbs as lots are sold.This will prevent trees in future driveways,etc.Meanwhile,a construction bond will be posted for the improvements. e.The existing center meridian in Pioneer Way will be completely removed and the pavement restored (to permit left-turn access to and from the lots)as soon as the first lot (#5-11)is sold.At that time the agreed upon compensatory amount will be paid the city (about $9,000 per Mr.Cecil Lee on October 18,1985).Until that time,a bond will be posted with the city. 6.The Planning Commission recommended to the City Council that the final plat be amended to allow the final platting of Phase I,the variance on the improvements on Hayley Street be granted,the comments of the City Engineer be addressed and satisfied,and upon sale,lease,or development of any lot fronting on Pioneer Way that the landscaping improvements be constructed at that time. 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 Novem ber 26,1985,no opposition to the amended final plat. 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 Pioneer Way Commercial Park Amended Final Plat is approved as recom mended by the Moses Lake Planning Commission. Dated:December 2,1985 CITY OF MOSES LAKE