1986 01 14CITY COUNCIL
CITY OF MOSES LAKE
January IE,1986
3911
Members Present:Norm Johnson,David Chandler,Bill Frederickson,and Roger
Biallas
Absent:Wayne Rimple,Bill Reese,and Charles Edwards
SWEARING IN OF NEW COUNCILMEN /Oo ?
Walter Fry,City Clerk,administered the oath of office to the new Councilmen,
Roger Biallas and Bill Frederickson.
ELECTION OF MAYOR
Walter Fry,City Clerk,opened the nominations for the election of Mayor.
Mr.Chandler nominated Norm Johnson,seconded by Mr.Biallas.
Norm Johnson was unanimously elected Mayor.
The meeting was called to order at 8 p.m.by Mayor Johnson.
CERTIFICATES
A letter was read from the Fred Haynes,Acting Police Chief,which stated that /Q/^
Officers Mike Coffman and Richard Keller attended and successfully completed
the First-Level Supervision course at the Criminal Justice Training Commission
in December.
Certificates of completion were presented to Officers Keller and Coffman.
JAL GIFT
Mr.Johnson stated that Japan Air Lines has contributed a great deal to the
City of Moses Lake including drinking fountains,back stops,cherry trees,
,I children's play equipment,tennis courts,etc.
Mr.Asakawa of Japan Air Lines presented the city with a check in the amount
of $1,500.
Mr.Chandler moved that the minutes of the meeting of December 17 be approved
as submitted,seconded by Mr.Biallas,and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL FUND $57,444.24
STREET 5,438.12
STREET REPAIR AND RECONSTRUCTION 4,099.99
FEDERAL SHARED REVENUE 17,965.00
STREET IMPROVEMENT 5,839.58
BUILDING AND EQUIPMENT 8,829.87
WATER/SEWER FUND 28,376.37
WATER/SEWER CONSTRUCTION 5,097.67
1983 WATER/SEWER BOND 162.43
SANITATION FUND 32,404.32
CENTRAL SERVICES 7,170.74
BUILDING MAINTENANCE 20.21
EQUIPMENT RENTAL 13,045.76
TOTAL $185,894.30
Mr.Frederickson moved that the bills be approved as submitted,seconded by
Mr.Chandler,and passed unanimously.
I.CITIZEN INPUT
None
II.CONSENT AGENDA
-None—•
/oo9
/oV(p
Ql
101*
\7^
3912
CITY COUNCIL MINUTES:2 January 14,1986
III.CONSIDERATION OF BIDS
JANITORIAL SERVICES
A letter was read from Rita Perstac,Municipal Services Director,which stated
that Northwest Building Maintenance of Moses Lake was the only qualified bid
der since they were the only one to submit a bid bond,however they have not
supplied a fidelity bond.Staff recommended that Northwest Building Main
tenance be awarded the bid if the required bonds are provided.
Mr.Vernwaldt stated that the bid required a fidelity bond and he has been
unable to obtain one.
James A.Whitaker,City Attorney,stated that he discussed the bonding re
quirements with Mr.Vernwaldt and since his bid was conditioned on the pos
sibility of obtaining a bond,which he is unable to do,he stated that his
appearing at the meeting is a withdrawal of his bid since he cannot perform as
required by the bid specifications.
Joseph K.Gavinski,City Manager,stated that it is recommended that all bids
be rejected and the city start over.
There was some discussion by the Council on the insurance coverage and whether
or not the service should be bid without requiring a fidelity bond.Mr.
Gavinski recommended that the bid require a fidelity bond which covers the
city in case any of its portable equipment should turn up missing.He stated
that he has information to the effect that fidelity bonds are available but
apparently the bidders did not locate the same sources as the city has talked
to.
Mr.Vernwaldt stated that his general liability insurance will cover any
breakage or negligence on his part but it will not cover the city if the em
ployees steal something.However,the city should be covered for that under
its insurance.
Action Taken:Mr.Chandler moved that all bids be rejected and the staff
check into the insurance question further,seconded by Mr.Biallas,and passed
unanimously.
LEGAL NOTICES
A letter was read from Joseph K.Gavinski,City Manager,which stated that the
city only received one bid for the service of publishing the city's legal
notices.Staff recommends that the bid be awarded to Columbia Basin Daily
Herald.
Action Taken Mr.Chandler moved that the bid be awarded to the Columbia Basin
Daily Herald,seconded by Mr.Frederickson,and passed unanimously.
IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
PUBLIC HEARING -PRELIMINARY ASSESSMENT ROLL -LID 03
A letter was read from Rita Perstac,Municipal Services Director;which stated
that LID #53 is for street improvements on Eastlake,James Street,Melva Lane,
and Kittelson Road.The city has received no objections to this LID.
The public hearing was opened.
Rick Cooper,716 E.Bowers Road,Ellensburg,representing the Department of
Natural Resources,stated that they are in favor of the LID concept but they
are still discussing the costs that would be assessed to the DNR.
Mr.Chandler moved that the public hearing be closed,seconded by Mr.Biallas,
and passed unanimously.
It was the consensus of the Council that the city proceed with the LID.
3913
CITY COUNCIL MINUTES:3 January 14,1986
V.ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND 1985 BUDGET - 2ND READING
A letter was read Walter Fry,Finance Director,which presented an ordinance
amending the 1985 budget.
The ordinance amending the 1985 budget was read by title only
Action Taken:Mr.Chandler moved that the second reading of the ordinance be
adopted,seconded by Mr.Frederickson,and passed unanimously.
ORDINANCE - WATER/SEWER BOND REDEMPTION SCHEDULE - 1ST READING
A letter was read from Joseph K.Gavinski,City Manager,which presented an
ordinance amending Ordinance #1184 to conform to the provisions setting forth
a mandatory payment schedule into the Water/Sewer Revenue Bond Fund,1985 with
the maturity and mandatory redemption schedules for the Water/Sewer Revenue
Refunding Bonds,1985.
The ordinance of the City of Moses Lake,Washington,amending Ordinance No.
1184 to conform provisions setting forth a mandatory payment schedule into the
Water and Sewer Revenue Bond Fund,1985 with the maturity and mandatory re
demption schedules for the Water and Sewer Revenue Refunding Bonds,1985 for
the city was read by title only.
Action Taken:Mr.Chandler moved that the first reading of the ordinance be
adopted,seconded by Mr.Johnson,and passed unanimously.
RESOLUTION -EMPLOYEES AUTHORIZED TO SIGN CHECKS
A letter was read from Walter Fry,Finance Director,which presented a resolu
tion adding Robert G.West as an employee with the authority to sign checks
for the City of Moses Lake.
The resolution naming those employees authorized to sign checks on behalf of
the City of Moses Lake was read by title only.
Action Taken:Mr.Frederickson moved that the resolution be adopted,seconded
by Mr.Chandler,and passed unanimously.
VI.REQUESTS TO CALL FOR BIDS '
VALLEY AND STRATFORD SIGNALS
A letter was read from Rita Perstac,Municipal Services Director,which re
quested authorization to call for bids for the Valley and Stratford Traffic
Controller Project.The project is to replace the controller,remove the is
land,add sidewalk on west side of Stratford,add crosswalk and ped heads on
south side of intersection,increase pedestrian traffic controls for signals,
and add left turn movement eastbound on Valley and northbound on Stratford.
For pedestrian crossing safety a left turn arrow will be added westbound on
Valley for motorists exiting the shopping center southbound onto Stratford.
Joseph K.Gavinski,City Manager,stated that the controller would be placed
in the same place with some additional barriers to protect it.To move it to
the other side of the street would involve some additional cost.
Ms.Perstac stated that this is the second time the controller has been
damaged but to move it the city would have to acquire a piece of land approxi
mately 10'x 10'in the Buttery parking lot.
Action Taken:Mr.Frederickson moved that staff be authorized to call for
bids with an alternative for moving the controller to the Buttery parking lot,
seconded by Mr.Biallas,and passed unanimously.
/O/O
/cAoo
//34*A
//'7
I0*>
p
}1»
I)
3914
CITY COUNCIL MINUTES:4 January 16^,1986
CITY SHOP GARAGE DOORS
A letter was read from Rita Perstac,Municipal Services Director,which re
quested authorization to call for bids for the five overhead garage doors for
the shop's new building extension.
Action Taken:Mr.Chandler moved that staff be authorized to call for bids,
seconded by Mr.Frederickson,and passed unanimously.
VII.REFERRALS FROM COMMISSIONS
THE BELL GROUP NO. 1 PRELIMINARY PLAT
A letter was read from Rita Perstac,Municipal Services Director,which pres
ented the Bell Group No.1 Preliminary Plat.This plat is one lot,5.14 acres
in size fronting on West Broadway near Cenex.The property is zoned C-2,
General Commercial,and city water and sewer are available at Pheasant Street.
Sewer extension on Broadway is required as part of the plat approval.The
Planning Commission recommended to Council that the plat be approved with the
condition that a covenant run with the land for the required sewer extension
and the City Engineer's comments be addressed and satisfied.
Action Taken:Mr.Frederickson moved that the preliminary plat be accepted
with the stipulation that a covenant run with the land for the required sewer
extension and the City Engineer's comments be addressed and satisfied,secon
ded by Mr.Chandler,and passed unanimously.
U AMENDED EWERT'S FIRST SHORT PLAT -VARIANCE REQUEST
A letter was read from Rita Perstac,Municipal Services Director,which stated
that the Ewert's First Short Plat has been amended by adding one lot and dedi
cating a new street between lots 1 and 2 to provide access to the interior of
Battery Orchard Tract 45.A covenant was approved which deferred the required
improvements on Lakeshore Drive.The Planning Commission recommended that the
developer's request to amend his covenant be approved by adding one lot to
Lakeshore's improvements and defer improving the new street.
Action Taken: Mr.Chandler moved that the covenant be amended as recommended
by the Planning Commission,seconded by Mr.Biallas,and passed unanimously.
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
BERGER SITE PLAN REVIEW -APPEAL
n$2-A letter was read from Rita Perstac,Municipal Services Director,which stated
u that Art Berger of Yakima is proposing to construct and operate a mobile home
sales lot on the Bell Group No.1 Plat,located on West Broadway.The area is
zoned C-2,General Commercial,and is adjacent to R-3,Multi-family Residen
tial,property on the south and east.MLMC 18.32.170 requires a site plan
review by the Planning Commission for any contiguous residential and commer
cial development.The Planning Commission,at their November 14 and December
9 meetings,reviewed the Berger site plan and approved it with the condition
the developer comply with MLMC 18.32.050 entitled Prohibited Uses and
18.06.485 entitled Public Nuisance (definition).In accordance with MLMC
Chapter 18.75,Ms.Geneva Smith,601 Sycamore,has appealed to the City Coun
cil the Planning Commission's decision on the site plan review.The appeal is
based upon the failure of the Planning Commission to require a sight obscuring
fence between the sales lot and the adjacent residential properties.The
Council should affirm,overrule,or alter the Commission's decision.Ms.
Smith has stated her appeal may also be considered a request for the Planning
Commission to reconsider their decision,if the Council so instructs.
A letter was read from Geneva Smith which requested Mr.Berger to construct a
sight obscuring fence between his project and the residential property from
the most easterly corner of Lot 39 to the most northerly corner of Lot 33 of
Lynn Addition #2.
Ms.Smith distributed some pictures of Mr.Berger's mobile home sales lot in
Kennewick.
3915
CITY COUNCIL MINUTES:5 January 16f,1986
Mr.Berger stated that the pictures presented by Ms.Smith are not of his
property but of the property next door.He presented three pictures his prop
erty.He pointed out that his development will be expensive and it would be
to his advantage to keep the area clean and neat.He pointed out that it is
in the powers of the city to enforce that.He stated that Ms.Smith was the
only person objecting at the Planning Commission meeting.He stated that site
will be landscaped with turf,shrubs,underground sprinklers and paved roads
and sidewalks to each mobile home.
Henry Monroe,retired,felt that a sight-obscuring fence between the proper
ties would be ideal;
Frank Grace,Galilee Baptist Church,stated that they did not object at the
Planning Commission meeting to a mobile home sales lot but this development is
not very-far from the church.He stated that they have bought additional land
to expand the church and he felt the city should have some sort of guidelines
so the property would be protected.
Mr.Frederickson wanted to know what went on at the Planning Commission con
cerning this item.Ms.Perstac stated that the Planning Commission reviewed
the ordinances and requirements and discussed the possibility of requiring a
fence and for how much property.It was the recommendation of the Planning
Commission that the site plan be approved with the provision that sections
18.32.170 and 18.06.485 be specifically enforced.
There was some discussion by the Council.
Action Taken:Mr.Chandler moved that the Planning Commission's decision be
amended to require a 6'sight obscuring fence adjacent to lots 37,38,and 39
of Lynn Addition #2,seconded by Mr.Biallas,and passed unanimously.
BASIN SEPTIC TANK SERVICE -AGREEMENT /0$j
A letter was read from Rita Perstac,Municipal Services Director,which stated
that because of the closure of the 1-90 landfill,Basin Septic Tank Service
has requested permission to deposit into the city's wastewater system their
waste collected from septic tanks.The agreement negotiated between city
staff and Basin Septic Tank Service is presented for Council approval and au
thorization if requested for city staff to sign the agreement.
Action Taken:Mr.Chandler moved that staff be authorized to sign the agree
ment,seconded by Mr.Biallas,and passed unanimously.
IX.COUNCIL QUESTIONS AND COMMENTS
GARBAGE
Mr.Frederickson wanted to know why the city is having the customers purchase
tags to be placed on their extra cans instead of billing them after it is
picked up by the garbage men.
Joseph K.Gavinski,City Manager,stated that it is easier to administer and
the utility program can't handle it.
Walter Fry,Finance Director,stated that the utility program on the computer
is obsolete but it will cost approximately $30,000 to purchase a new one so
any adjustments have to be done by hand since the program simply can't handle
any more.
X.CITY MANAGER REPORTS AND COMMENTS
SCHEDULE FOR SELECTION -PUBLIC SAFETY DIRECTOR
Joseph K.Gavinski,City Manager,presented a proposed time schedule for the
hiring of a Public Safety Director.
SALES TAX DISTRIBUTION
Joseph K.Gavinski,City Manager,stated that the city had received about 10%
less in sales tax than for the same period last year.
toff
//Sf~C-
10*1
ATTEST:
\A\£Clerk
3916
CITY COUNCIL MINUTES:6 January 1ft 1986
KRUSE LAWSUIT SETTLEMENT
Joseph K.Gavinski,City Manager,stated that the lawsuit between the city and
Gordon Kruse Construction was settled out of court. He distributed a memo
from the Assistant Municipal Services Director to the City Attorney which con
cerns the settlement.
He pointed out that the settlement is in an amount the city felt it owned the
contractor and the city is not admitting any negligence or error of any kind.
He stated that the city was negotiating with Kruse Construction on the payment
when Kruse filed the lawsuit and all negotiations stopped.The change orders
reflect what the city feels it owes to Kruse and it comes up to the settlement
amount.
STORM SEWERS
Joseph K.Gavinski,City Manager,stated that he had received a call from a
city resident inquiring whether or not citizens could assist the city in keep
ing the storm drains open.He stated that this would help the city a great
deal since the city does not have the manpower to keep the storm sewers open.
He stated that city crews will locate the storm sewers and if the residents
wish they can keep the storm sewers open by removing the snow and melting the
ice if it freezes over.This will aid the city as well as the property owners
since it will allow the snow melt to drain away.
\0°^AWC LEGISLATIVE CONFERENCE
Joseph K.Gavinski,City Manager,stated that the Legislative Conference spon
sored by AWC is scheduled for February 12 and 13.Councilmen interested in
attending should notify him so that arrangements can be made.
/<9/A FIRE DEPARTMENT
Joseph K.Gavinski,City Manager,distributed a letter sent to the Fire De
partment from Brown and Root Maintenance commending the efficiency and'high
quality of the Emergency Squad's performance.
||<5|4 INVITATION -SUPER 8 MOTEL
Joseph K.Gavinski,City Manager,distributed a letter from Super 8 Motels
inviting the Council to attend their open house on Thursday,January 30
between 3 and 4 p.m.
jOff LANDFILLS
Joseph K.Gavinski,City Manager,distributed a copy of an editorial from the
Spokesman Review concerning the decline of sanitary landfills.
10 H 1-90 LANDFILL CLOSURE
Joseph K.Gavinski,City Manager,distributed a letter from the DOE to the
Grant County Health District concerning the closure of the 1-90 Landfill.
According to her letter,the closure of the 1-90 Landfill will come under the
new Minimum Functional Standards for Solid Waste Handling.This will required
grading,seeding,landscaping,contouring,screening,and ground water
monitoring.He stated that he contacted the Grant County Commissioners to
find out if this would make any difference in their decision to close the
landfill and he was told it would not.
The regular meeting was recessed at 10:10 p.m.and the Council met in an ex
ecutive session to discuss labor relations and litigation.The executive ses
sion was adjourned at 10:45 p.m.and the regular meeting was reconvened.The
regular meeting was adjourned at 10:45 p.m.
3916a
BEFORE THE CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
)
IN THE MATTER OF THE BELL GROUP NO.1 )
PRELIMINARY PLAT )FINDINGS OF FACT
)
This matter,having come on before the Moses Lake CITY COUNCIL for ac-//^
tion on December 12,1985,now makes the following:
FINDINGS OF FACT
1.The Bell Group has submitted the Bell Group No.1 Preliminary Plat for
approval.
2.The property is situated in Grant County and is legally described as
follows:
A portion of the west 1/2 of the NW 1/4 of Section 27,Township 19 North,
Range 28,EWM,Grant County,Washington,described as follows:
Beginning at the most southerly corner of Lot 16,Western Addition,Moses
Lake,according to the plat thereof recorded in Volume 7 of Plats,
Records of Grant County,Washington,thence along the southerly line of
said lot north 32008'14"east a distance of 328.50 feet;thence north
57052'16"west a distance of 527.69 feet;thence south 44°26'11"west,a
distance of 7.31 feet;thence north 45°33'49"west,a distance of 126.80
feet to the south right-of-way line of SSH No.7#(also known as West
Broadway)and to a curve to the right,with a radius point which bears
north 51o05'01"west from the last described point;thence along said
curve and southerly right-of-way line to an intersection with the wester
ly line of said Lot 16 produced northerly,thence along said westerly
line south 57°52'16"east,a distance of 705.37 feet to the point of
beginning.
3.The plat is for a 5.14 acre,one lot subdivision.The plat will front on
,J West Broadway and is zoned C-2,General Commercial and Business.City
water and sewer is available to service the plat from Pheasant Street.
4.The extension of sanitary sewer main will be required through the plat as
it fronts on West Broadway and the Bell Group requested a variance/
covenant to defer this required extension.
5.At their meeting on December 12,1985 the Planning Commission declared
this project to have a non-significant adverse impact on the environment.
6.A public hearing scheduled upon notice before the Planning Commission on
the issue of platting the land in question was held on December 12,1985.
7.Written comments were received from the City Engineer and the PUD.
8.Frank Grace,representing the Galillee Baptist Church,wanted to know if
this development would be a mobile home sales lot or a mobile home park.
He stated that they would have no objection if it is a mobile home sales
lot.
9.Mr.Collier stated that the development is proposed to be a mobile home
sales lot.
10.Geneva Smith,601 Sycamore,felt that there should be some kind of buffer
between the development and her property,such as a sight obscuring
fence,as she did not want to look out her back door at this development.
11.Mr.Collier pointed out that buffer considerations would be discussed
during the site plan review.
12.Mr.Bernd stated that he did not have a problem with the request for a
variance concerning the sewer main on Broadway because sewer is available
to the lot on Pheasant Street.
3916b
13.The Planning Commission recommended to the City Council that the variance
request be granted with the stipulation that a covenant run with the land
for the required sewer main improvements when required to be installed by
the city,the following comments from the City Engineer be addressed and
satisfied,and the plat be approved:
a.Vicinity map is required to have a scale of 1"=400';a vicinity
map of 1"=1,000'is unacceptable.
b.What monument and elevation is basis of elevation datum.
c.What line and bearing is basis of bearing from Western Addition.
d.Show old plat boundary (Western Addition)at railroad right-of-way.
e.Variance/covenant is being processed for sewer extension on
Broadway.
f.All subdivisions within an irrigation district are required to pro
vide irrigation right-of-ways and irrigation facilities.If these
facilities are not required by the Irrigation District,a letter
will be required to that effect.
g.The Western Addition created a 60'right-of-way easement across the
south side of the plat.Ordinance 660 vacated all but the south 20'
of this easement. Show this 20'easement.
h.Address of P.L.S.
i.Chord bearing and distance for state highway right-of-way curve.
14.On January 14,1986 the City Council considered the Bell Group No.1 Pre
liminary Plat.
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 January
14,1986 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 Bell Group No.1 Preliminary Plat is approved as recommended by the
Moses Lake Planning Commission.
Dated:January 22,1986
CITY OF MOSES LAKE