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1986 02 253930 CITY COUNCIL CITY OF MOSES LAKE February 25,1986 Members Present:Norman Johnson,Bill Reese,David Chandler,Bill Frederick- son,Wayne Rimple,Charles Edwards,and Roger Biallas The meeting was called to order at 8 p.m.by Mayor Johnson. BOY SCOUTS The Boy Scouts present at the Council meeting were introduced. Wally Morris,representing the Boy Scouts,presented Certificates of Apprecia tion to the Council,City Manager,City Attorney,and Council Secretary for their participation in this program over the years. Mr.Rimple moved that the minutes of the meeting of February 11 be approved as submitted,seconded by Mr.Frederickson,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $47,127.75 STREET 7,021.70 ARTERIAL STREET 102.84 STREET IMPROVEMENT 63.14 BUILDING AND EQUIPMENT 7,161.93 WATER/SEWER FUND 40,129.26 WATER/SEWER CONSTRUCTION 10,616.36 SANITATION FUND 10,224.89 CENTRAL SERVICES 3,281.82 BUILDING MAINTENANCE 94.02 EQUIPMENT RENTAL 3,517.20 TOTAL $129,340.91 Mr.Chandler moved that the bills be approved as submitted,seconded by Mr. Edwards,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 INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS JANITORIAL SERVICES A letter was read from Rita Perstac,Municipal Services Director,which stated that only one qualified bid was received for janitorial services. Action Taken:Mr.Edwards moved that the bid from Northwest Building Main tenance in the amount of $1,765 per month be accepted,seconded by Mr.Rimple, and passed unanimously. LAW?SWEEPER/SEEDER-THATCHER A letter was read from Rita Perstac,Municipal Services Director,which stated '°? that three bids were received for the lawn seeder and the thatcher/seeder. Action Taken:Mr.Rimple moved that the bid for the thatcher/seeder be awar- ded to Northwest Mowers,Inc.of Spokane and the bid for the lawn sweeper be awarded to Turf Equipment Co.of Salt Lake City,seconded by Mr.Chandler,and passed unanimously. /o/& \\if \M }OlO )I90 3931 CITY COUNCIL MINUTES:2 February 25,1986 IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION -MOSESLAKE CLEAN LAKE PROJECT A letter was read from Clint Connelly,Moses Lake Irrigation and Rehabilita tion District Chairman,which presented documents on the possible joint fund ing between the city,the Irrigation District,and the Moses Lake Clean Lake Project for Department of Ecology 205j funds for a study on ground water. Joseph K.Gavinski,City Manager,distributed a letter from Gerald Campbell of the Grant County Health District which discussed the proposed ground water study in the Moses Lake area and the application for 205j funds to conduct the study. Don Beckley of the Clean Lake Project stated that they are attempting to clean up the lake by setting up a Comprehensive Wastewater Management Plan.There is a need for the city to decide whether or not it wants to be involved in this and they would like the city to make a commitment of $3,333 to match with the funds from the Grant County Commissioners and the Moses Lake Irrigation and Rehabilitation District. There was some discussion by the Council.Mr.Beckley pointed out that the commitment for funds would dissolve if the project is not funded.If it is, the city would be informed and could would then budget the funds for the proj ect.If the city could not budget the funds,the DOE would be informed and the funding would probably be withdrawn. Action Taken:Mr.Edwards moved that the city commit $3,333 for this project, seconded by Mr.Biallas and passed unanimously. COMMUNICATION - CASCADE PARK MAINTENANCE AGREEMENT A letter was read from Tyler Brown requesting time to discuss the proposal of an operation and maintenance agreement for Cascade Valley Park.The proposal has been reduced from a lease situation to the city contracting with an out side party for the partial maintenance and operation of Cascade Park. Ralph Kenison felt that if an outside party is to operate and maintain Cascade Park it should be put out for bids. Mr.Rimple pointed out that a general outline has been presented to the Park and Recreation Commission and he felt that no action should be taken by Coun cil at this time. No action was taken. V.ORDINANCES AND RESOLUTIONS ORDINANCE - FINANCE LID REGISTERED WARRANTS - 2ND READING A letter was read from Walter Fry,Finance Director,which presented an or dinance establishing Fund 753 for interim financing for LID 53. The ordinance establishing Fund 753 LID #53 and providing for the issuance of registered warrants to provide for the interim financing was read by title only. Action Taken:Mr.Chandler moved that the second reading of the ordinance be adopted,seconded by Mr.Rimple,and passed unanimously. ORDINANCE -ZONE CHANGE REQUEST -BOBLITT - 1ST READING A letter was read from Rita Perstac,Municipal Services Director,which stated that David and Gerri Boblitt of Kent,owners of the Beachcomber's Mobile Home Park,have requested a zone change for approximately 2.25 acres of vacant land located between Peninsula Drive and the lake and adjacent on the south to the existing Beachcomber's Mobile Home Park.The Boblitts are requesting the property be rezoned from R-l,Single Family,to R-2,Single Family and Two Family,so they may expand the Beachcomber's Mobile Home Park.A Binding Site Plan will be required for expanding the existing park and a conditional use permit would be required. 3932 CITY COUNCIL MINUTES:3 February 25,1986 The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. Letters were read from Fred and Ethel Murchison,Arlo and Peggy Hill,and El- wood Dart which opposed the rezone but reserved the right to rezone their property to R-2 if this zone change is passed. Robert Schlaefli,4101 W.Peninsula Drive,stated that he felt this particular zone change would be spot zoning and illegal.He also read a letter which stated that if the zone change is approved,he would request his adjacent property be rezoned to R-2.He presented a petition which opposed the zone change and contained 27 signatures.He stated he gathered these signatures 1 I within the last two days. Bill Conley,4103 Peninsula,stated that he is opposed to the R-2 zone and he felt it would devalue his property. Muriel Lloyd stated that she owns property in the area between Lakeshore and Peninsula.She stated that the Beachcomber's Mobile Home Park was in very poor condition when the Boblitts purchased it and they have gone to con siderable expense in improving the park.She stated that they have erected a sight obscuring fence across the front and down one side and improved the boat launch.She pointed out that the Boblitts own additional property on the Pen insula as well as a lake front home and would not do anything to jeopardize their investment.She felt the park would be an improvement in the area since it is an unimproved area of town. Fred Skinner,Western Pacific Engineering,pointed out that there is an exist ing mobile home park and this is a request for an extension of the park.He felt it would make the park more attractive and he pointed out that there has been a drastic improvement in the existing park since the Boblitts purchased it. Joseph K.Gavinski,City Manager,stated that this is a good case for spot zoning and spot zoning is illegal Mr.Rimple also felt this is a spot zoning and it should not be approved. Mr.Frederickson wanted to know if the trailer park would benefit one or many. James A.Whitaker,City Attorney,stated that,under the conditions the request was presented to the Council,it would benefit one person,the proper ty owner. Action Taken:Mr.Rimple moved that the first reading of the ordinance be denied,seconded by Mr.Biallas,and passed with Mr.Edwards opposed. RESOLUTION -ACCEPT EASEMENT -TALENFELD INVESTMENT CO. A letter was read from Rita Perstac,Municipal Services Director,which pres ented an easement near the southeast corner of Valley and Stratford which will accommodate the replacement of the traffic controller. The resolution accepting an easement to the City of Moses Lake from the Murray A.Talenfeld Residuary Trust was read by title only. Action Taken:Mr.Frederickson moved that the resolution be adopted,seconded by Mr.Chandler,and passed unanimously. RESOLUTION -ACCEPT EASEMENT -PENHALLURICK A letter was read from Rita Perstac,Municipal Services Director,which pres ented an easement located across the Chapel of Memories property which will provide for sanitary sewer main extension to the new retirement inn. The resolution accepting an easement to the City of Moses Lake was read by title only. Action Taken:Mr.Chandler moved that the resolution be adopted,seconded by Mr.Edwards,and passed unanimously. /O/f /O/3 oP 3933 CITY COUNCIL MINUTES:4 February 25,1986 RESOLUTION -INTENT TO ADOPT OPTIONAL MUNICIPAL CODE A letter was read from Joseph K.Gavinski,City Manager,which presented a resolution declaring the intent of the Council to adopt for the city the clas sification of non-charter code city. The resolution declaring the intention of the City Council to adopt for the City of Moses Lake the classification of non-charter code city,to be governed by the provisions of Title 35A,Revised Code of Washington was read by title only. Action Taken:Mr.Edwards moved that the resolution be adopted,seconded by Mr. Rimple. Mr.Frederickson felt that the idea has not been discussed enough and felt that perhaps a task force should be established to consider all possibilities in the change of government for the city.He stated that there are some things about the optional code city regulations that he was unsure about. James A.Whitaker,City Attorney,stated that the organization of the city is the same whether it is organized under the third class or optional code regulations. Mr.Rimple stated that the Council has discussed the optional code city for the past three years and he stated that he has heard nothing from the citizens in opposition to it.He felt there would be advantages to the city to go with the optional code. Mr.Chandler pointed out that the Council held a study session on this and it was published in the paper and no citizens came. The motion passed with Mr.Frederickson opposed. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS }/Ctf FEES AND CHARGES -PARK AND RECREATION COMMISSION 'Cecil Lee,Park and Recreation Director,presented the increase in the non pay-as-you-go programs as recommended by the Park and Recreation Advisory Commission. Action Taken:Mr.Rimple moved that the fee changes be approved,seconded by Mr.Edwards,and passed unanimously. j/31 CASCADE PARK -REQUEST TO USE -BOAT RACES Cecil Lee,Park and Recreation Director,stated that the Columbia Basin Power Boat Association has requested the use of Cascade Park for a boat race on May 18,1986.As in previous years,they are also requesting the closure of the boat launch,the ability to charge admission at the gate,and to have a food and drink concession.The sponsors of the race will provide dust control, provide liability insurance,provide litter control,sign a hold harmless agreement,pay a flat rate of $350 to offset any additional costs resulting from the race,provide off duty city police to patrol the park,and adhere to any conditions or requirements that staff may require as a condition of the use of the permit. Action Taken:Mr.Reese moved the request be granted,seconded by Mr.Bial- las,and passed unanimously. CITY COUNCIL MINUTES:5 MCCULLOUGH SHORT PLAT -VARIANCE/COVENANT 3934 February 2$,1986 6 A letter was read from Rita Perstac,Municipal Services Director,which stated that Mack McCullough of Moses Lake is short platting one lot located at the intersection of Burress and Broadway.The lot is zoned C-2,General Commer cial,and city water and sewer are presently available.Burress Street im provements are required as a plat improvement.They are requesting a variance to defer Burress Street improvements with a covenant to run with the land. Action Taken:Mr.Chandler moved that the variance request be approved with the stipulation that a covenant run with the land for the street improvements, seconded by Mr.Rimple,and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION WATER SERVICE OUTSIDE CITY LIMITS -STARFOOD CORPORATION A letter was read from Rita Perstac,Municipal Services Director,which stated that Starfood Corporation has requested permission to extend a city water main approximately 200'along Highway 17 from Harvest Manor Mobile Home Park then 300'across Starfood's south property line to Airway Drive.Starfood is pro posing to build a 24-hour mini-market with a car wash and probably gas pump islands on their property located at the intersection of Highway 17 and Airway Drive.This site is more than 1/2 mile from the Moses Lake city limits. There should be sufficient water supply in this area for Starfood's needs. Action Taken:Mr.Reese moved that the request for water service outside the city limits be granted,seconded by Mr.Chandler,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS None X.CITY MANAGER REPORTS AND COMMENTS //*?£ //^ INCINERATION SITE Joseph K.Gavinski, feasibility study. City Manager,presented a report on the incineration /£>// Rita Perstac,Municipal Services Director,stated that the information pres ented is a draft outline of the feasibility study.She stated that the out line of the study will be presented to the Department of Ecology so that the city will be sure to get the information in the study that is required. M.G.McLanahan,Asst.Director of Municipal Services -Special Projects, stated that much of the work has already been done and is available in the county's solid waste plan completed by R.W.Beck and Associates.The DOE has recognized that much of the work has already been done and could be incorpo rated in the city's study. INVESTMENT REPORT Joseph K.Gavinski,City Manager,distributed the investment report for January 1986. SALES TAX Joseph K.Gavinski,City Manager,stated that the city received $202,000 for the months of November and December 1985. The regular meeting was recessed at 9:45 p.m.and the Council met in an execu tive session to discuss labor negotiations.The executive session was adjour ned at 11:15 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 11:15 p.m. ATTEST: City Clerk /OQ3> //j><f-C BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE REZONE REQUEST BY DAVID AND GERRI BOBLITT FINDINGS OF FACT,CONCLUSIONS AND DECISION This matter,having come on before the Moses Lake City Council for action on February 25,1985 now makes the following: FINDINGS OF FACT 1.David and Gerri Boblitt own approximately 2.25 acres of land legally described as follows: That portion of Tract 39,Battery Orchard Tracts,as epr plat filed January 7,1914,records of GRant County,Washington dscribed as follows: Beginning at the intersection of the southwesterly and northwesterly boundary line of said Tract 39,thence northeasterly along the northwest erly boundary line of said Tract a distance of 200 feet;thence south easterly parallel to the southwesterly boundary line of said Tract to high water line of Moses Lake;thence southwesterly along the high water line a distance of 200 feet more or less,to a point on the southwesterly boundary line of said Tract 39;thence northwesterly along the southwest erly line to the point of beginning. 2.The property is presently zoned R-l,Single Family Residential,and the owners are requesting that it be changed to R-2,Single Family and Two Family Residential so that they can expand the existing Beachcomber's Mobile Home Park. 3.The area is not platted but is served with city sanitary sewer and water. 4.At their December 12,1985 regular meeting the Planning Commission re viewed the Environmental Checklist for this non-project zone change and determined it be returned to the proponents and they contact city staff for advice on how to fill it out for a non-project action. A public hearing before the Planning Commission scheduled upon notice on the issue of rezoning the land in question was held on December 12,1985. Bob Crosswaite stated that he was representing Robert Chapley who owns property in the area and is opposed to the rezone. Muriel Lloyd,3925 W.Lakeshore,representing the Boblitt's,stated that she would answer any questions the Commissioners had and also pointed out that Mr.Schlaefli is not in compliance with the R-l zoning since he has livestock on his property. 8.Mr.Bernd pointed out that a conditional use permit will be required even if the zone change is approved and some stringent conditions could be required if the conditional use permit is granted. 9.Mr.Boblitt pointed out that they recently purchased the existing mobile home park and they have improved it considerably and they would be will ing to meet any conditions imposed by the Planning Commission. 10.Mr.Brown stated that he would prefer to see one area that has this type of development rather than have them scattered all over the place. 11.Mrs.Kvamme pointed out that the R-2 would be spot zoning in the middle of an R-l and when the existing trailer park was first constructed there was a great deal of controversy over it.She felt it would be spot zoning and did not feel the zoning should be changed. 12.Mr.Bernd wanted to know if there would be any alternative which would allow a mobile home court in the area without changing the zoning. 5. 6. 7. 3934a 3934b 13.Larry Angell,Asst.Director of Community Development,stated that the alternatives had been discussed with the City Attorney but the R-l zone does not permit mobile home parks.If the area remains R-l,the propo nents could establish a mobile home subdivision or divide the parcel into individual lots on which mobile homes could be placed.He stated that the concept of spot zoning was also discussed and the test of a spot zone is compatibility and harmony with the surrounding zoning and whether the zone would create an adverse impact on the area. 14.The Planning Commission recommended the zone change request be granted and forwarded to the City Council after review of the Environmental Checklist. 15.On January 16,1986 the Planning Commission reviewed the Environmental Checklist and tabled it until the February 13,1986 meeting. 16.The Planning Commission rescinded its decision to recommend approval of the zone change to Council and set a public hearing to further consider it for February 13,1986. 17.On February 13,1986 the Planning Commission considered the Environmental Checklist and declared it to have a non-significant adverse impact on the environment. 18.A public hearing before the Planning Commission scheduled upon notice on the issue of rezoning the land in question was held on February 13,1986. 19.The city received letters from R.P.Schlaefli and Elmer Ewert objecting to the zone change. 20.Mr.Schlaefli stated that he owns the adjoining property to the proposed zone change and mobile home park expansion.He stated that if this mobile home park is allowed,the surrounding property owners of the va cant land may also wish to put in mobile home parks and he would be sur rounded by them. 21.Les Torrence,3905 Peninsula,stated his property is adjacent to the present mobile home park and he has no objection to the zone change.He stated that the Boblitts have cleaned up the existing park since purchas ing it and the improvements they have made are very nice.He did not feel it would devalue the surrounding property. 22.Muriel Lloyd,representing the Boblitts,stated that they have spent a good deal of money improving the existing park by fencing,graveling the roads,improving the water front,and repairing the dock and constructing a deck.She felt the expansion would enhance the neighborhood. 23.Fred Skinner,Western Pacific Engineering,stated that mobile homes and manufactured homes are the most affordable housing in the country today and there is a need for parks for this type of housing.He stated that the proposed park would have underground utilities and be hooked to city water and sewer. 24.Mr.Bernd stated that the park could be allowed as a conditional use with \tery stringent requirements to decrease the impacts on the surrounding neighborhood. 25.Mrs.Kvamme felt it would be spot zoning. 26.Mr.Collier felt that rezoning the property would be spot zoning and for the financial enhancement of an individual. 27.Mr.Bailey stated that perhaps the existing mobile home park should also be changed to the proper zoning. 28.Mr.Brown felt that it would be better to confine the mobile home park to the same location instead of having them scattered all over the city.He stated that perhaps the proposed expansion of the mobile home park could be done using the Planned Unit Development requirements.He stated that the existing park has been greatly improved and felt the expansion would enhance the area. 3934c 29.Mr.Pray felt it would be spot zoning even though it is adjacent to an existing mobile home park and it is an incompatible use in an R-l zone. 30.Mr.Bernd stated that some times spot zoning can serve a useful purpose and does not have to be illegal. 31.Mrs.Kvamme stated that she felt Mr.Brown should abstain from voting on this issue because he works for the real estate firm which sold the prop erty to the Boblitts. 32.Mr.Brown stated that he had no financial,economic,or employment ad vantage from the sale of this property and had nothing whatsoever to do with it but would abstain from voting since Mrs.Kvamme objected. 33.The Planning Commission recommended to the City Council that the zone change request be approved. 34.The City Council considered the zone change request at their meeting on February 25,1986. 35.Letters were read from Fred and Ethel Murchison,Arlo and Peggy Hill,and Elwood Dart which opposed the rezone but reserved the right to rezone their property to R-2 if this zone change is passed. 36.Robert Schlaefli,4101 W.Peninsula Drive,stated that he felt this par ticular zone change would be spot zoning and illegal.He also read a letter which stated that if the zone change is approved,he would request his adjacent property be rezoned to R-2.He presented a petition which opposed the zone change and contained 27 signatures. 37.Bill Conley,4103 Peninsula,stated that he is opposed to the R-2 zone and he felt it would devalue his property. 38.Muriel Lloyd stated that she owns property in the area between Lakeshore and Peninsula. She stated that the Beachcomber's Mobile Home Park was in y/ery poor condition when the Boblitts purchased it and they have gone to considerable expense in improving the park.She stated that they have erected a sight obscuring fence across the front and down one side and improved the boat launch.She pointed out that the Boblitts own addi tional property on the Peninsula as well as a lake front home and would not do anything to jeopardize their investment.She felt the park would be an improvement in the area since it is an unimproved area of town. 39.Fred Skinner,Western Pacific Engineering,pointed out that there is an existing mobile home park and this is a request for an extension of the park.He felt it would make the park more attractive and he pointed out that there has been a drastic improvement in the existing park since the Boblitts purchased it. 40.Joseph K.Gavinski,City Manager,stated that this is a good case for spot zoning. 41.Mr.Rimple also felt this is a spot zoning and it should not be approved. 42.Mr.Frederickson wanted to know if the trailer park would benefit one or many,similar to the issues in the Save vs.Bothell case. 43.James A.Whitaker,City Attorney,stated that,under the conditions the request was presented to the Council,it would benefit one person,the property owner. 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. 3934d 2.There appears,after the public meeting before the City Council on the issue of rezoning the land owned by David and Gerri Boblitt,considerable opposition to rezoning the said land of approximately 2.25 acres from R-l,Single Family Residential,to R-2,Single Family and Two 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 David and Gerri Boblitt R-l,Single Family Residential,to R-2,Single Family and Two Family Residential,would not serve the best interests of the resi dents of the City of Moses Lake and would not bear a substantial relationship to the public welfare of the entire community. DECISION 1.The zone change requested for the approximately 2.25 acres of land owned by David and Gerri Boblitt which is legally described in the herein Find ings of Fact and which is presently zoned R-l,Single Family Residential, is hereby denied. Dated:February 27,1986 CITY OF MOSES LAKE