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1986 05 133957 CITY COUNCIL CITY OF MOSES LAKE May 13,1986 Members Present:Bill Reese,David Chandler,Wayne Rimple,Charles Edwards, and Roger Biallas Absent: Norm Johnson and Bill Frederickson The meeting was called to order at 8 p.m.by Mayor Pro Tern Rimple Mr.Edwards moved that the minutes of the meeting of April 22 be approved as submitted,seconded by Mr.Chandler,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $86,494.08 STREET 23,693.46 ARTERIAL STREET 400.77 STREET REPAIR AND RECONSTRUCTION 2,205.53 STREET IMPROVEMENT 6,638.97 BUILDING AND EQUIPMENT 6,716.84 WATER/SEWER FUND 45,617.72 WATER/SEWER CONSTRUCTION 13,845.97 SANITATION FUND 30,881.63 CENTRAL SERVICES 4,447.69 BUILDING MAINTENANCE 3,894.05 EQUIPMENT RENTAL 21,959.58 LID #53 4,892.41 TOTAL $251,688.70 Mr.Chandler moved that the bills be approved as submitted,seconded by Mr. Reese,and passed with Mr.Edwards abstaining from voting for that portion of the bills to Coast to Coast,Mr.Biallas abstaining from voting for that por tion of the bills to A & H Printers,and Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply. PROCLAMATION A proclamation declaring the week of May 18,1986 as Worldwide Kiwanis Prayer //3A Week was read in its entirety. CERTIFICATES A letter was read from Rita Perstac,Municipal Services Director,which stated /O'Z that Joe Trujillo and Wade Van Doren have been certified as Signs and Markings Technicians,Level 1 and Paul Maybee has been certified as Traffic Signal Technician,Level 1. Certificates were presented to Joe Trujillo,Wade Van Doren,and Paul Maybee. A letter was read from Fred Haynes,Acting Police Chief,which stated that four citizens have successfully finished the reserve training class. James Perrie,Santiago Reyna,Dale Wischkaemper,and Gregory Wright were sworn in as Reserve Police Officers and presented their commission cards and badges. A letter was read from Fred Haynes,Acting Police Chief,which stated that Officer Ruffin attended the Washington State Criminal Justice Training Commis sion course entitled Crime Scene Investigation. A certificate of completion was presented to Officer Ruffin. A letter was read from Fred Haynes,Acting Police Chief,which stated that Officers Ruffin and Mays and Sgt.Mitchell attended a two-day school in Lewis- ton,Idaho to learn how to use the Identi-Kit system.This is a system used to develop a composite drawing of a suspect. Certificates of completion were presented to Sgt.Mitchell and Officers Ruffin and Mays. 3958 CITY COUNCIL MINUTES:2 *May 13,1986 I.CITIZEN INPUT None II.CONSENT AGENDA Mr.Chandler moved that the following items on the consent agenda be approved: //&&1.Acceptance of work -sewer rehab /J/3 2.Acceptance of Easement -Bodie/Peterson /d/3 3.Acceptance of Easement -Starfood Corporation /Q3i 4.Request to sell and display fireworks -Payless Store and Moses Lake Lions Club seconded by Mr.Edwards,and passed unanimously. III.CONSIDERATION OF BIDS /O/t CITY HALL ASBESTOS REMOVAL A letter was read from Layne F.Stark,Arkitex,Inc.,the city's architect for the city hall remodel,which stated that Specialty Insulation was the low bid der for the City Hall Asbestos Removal contract. Action Taken:Mr.Reese moved that the bid be awarded to Specialty Insula- tion,seconded by Mr.Edwards,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS //%)FREEMAN/ERWIN ZONE CHANGE -PUBLIC HEARING ORDINANCE -2ND READING Joseph K.Gavinski,City Manager,stated that Charles and LaVerne Freeman and Jerry Erwin are requesting a rezone from R-l and R-2 to R-3,Multi-family Residential,for a 5.5 acre parcel of land located on Hill Street between Grand and Evergreen.The purpose of the rezone is to accommodate a new 80 unit convalescent care home on Tax #6570.The Freemans joined the rezone to avoid spot zoning.The"Planning Commission recommended that the rezone be denied because of the large opposition to the rezone and the fact that R-3 zoning should not directly adjoin R-l zoning.The Council passed the first reading of the ordinance and requested Planning Commission consideration of a contract zone for the property. Mr.Gavinski stated that the Planning Commission were concerned about spot zoning and possible problems in the future if the area is changed to R-3 even under a contract zone. The Commission recommended that the contract zone con cept be used with only R-2 uses allowed with the exception of a convalescent center being allowed as a conditional use and that the Freeman property also be rezoned to avoid spot zoning. Mr.Gavinski stated that if the Freeman property is rezoned,the ordinance would have to be amended and should be passed as a first reading. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. Jerry Erwin,the developer of the project,stated that the reason for choosing ,—> this area is because it is in a residential area and close to the Wenatchee Valley Clinic.He showed some slides of a similar project located in Longview and showed the site plan for the proposed project. The public hearing was opened. Mervin Dexter,914 Hill,stated that he would have liked to see the landscap ing of the project in Longview in order to get some idea of what the outside of this one might be like.He is opposed to the rezone. 3959 CITY COUNCIL MINUTES:3 May 13,1986 Duane Leitzke,1215 Evergreen,wanted to know how many R-3 areas in the city have R-l right next to them.He felt that most R-3 areas abut on an R-2 zone. He felt there is enough R-3 zones in the city without changing this property to R-3. Bruce Holloway,1121 Evergreen,stated that he is opposed to the zone change and the nursing home itself. Ray Grove,1019 Evergreen,stated he had no objection to a nursing home but was opposed to the R-3 zone. Earl Browning,607 Village,pastor of the Church of the Nazarene,stated that they considered building on this property.He stated that the area is a trash collector.He felt that another nursing home is needed in Moses Lake and felt this would be an ideal spot.He pointed out that a church,which is allowed under current zoning,would generate more traffic than a nursing home. Bill Anderson,1120 E.Hill,stated that he is in agreement with the comments from Mr.Leitzke and wanted to know what the outside of the building would look like.He also pointed out that the children in the area use the lot to get to and from different points in the neighborhood. Edie Cole,1011 Evergreen,stated that she is not opposed to a convalescent center but is opposed to an R-3 zone in the area. Nicki Penrose,1111 Evergreen stated that she is opposed to the R-3 zone and the convalescent center.She felt it would increase traffic and would affect property values. Sandy Sumner,1118 Hill,stated that she is opposed to the nursing home and an R-3 zone in this area.She felt it would lower the property values. Geraldine Warner,910 E.Hill,stated that she is opposed to the R-3 zone as she felt it would lower the property value,would increase traffic,and felt this would bring as many problems as a trailer court would. Carrie Richins,1119 Evergreen,stated she is opposed to the R-3 zoning. Elsie Harper stated that she lives across the street from this proposed proj ect and is opposed to it. Mabel Lewellyn,stated that her house was the first one on Hill Street and is definitely opposed to the project and the rezone. Dorothy Zeigan,932 E.Hill,stated that there are other areas more suitable to a convalescent center than a residential area and is opposed to it. Karen Hiatt,907 Cherry,stated that she was opposed to the zone change. Roy Lewellen,1104 Dahlia,stated that he is opposed to the zone change. Max Menti,1015 Evergreen,wanted to know how many floors would be involved. John Thorn,834 Evergreen,stated he would like to see it stay the way it is and is opposed to the to the project. Mr.Rimple pointed out that the area in question is zoned R-2. Mr.Erwin stated that the city approves the site plan for the project includ ing approving the landscaping.He did not feel the property values would go down but that they could increase because of this project.He stated that Moses Lake is the community that is growing in the Columbia Basin and is the medical hub of the area. Mr.Rimple stated that letters were received from Frances Morgan,907 Evergreen and Vern Logg,1103 Evergreen opposing the project and a telephone call was received from Richard Penrose who is opposed to the zone change. Mr.Edwards wanted to know how high the structure would be. /p£fc /Oil 3960 CITY COUNCIL MINUTES:4 May 13,1986 Mr.Erwin stated it is a single story,consists of 35,000 square feet,and would be of wood construction. Mr.Chandler felt that some of the outright permitted uses or conditional uses in the R-2 zone would create a lot more traffic than a convalescent center. He also felt the project would increase the property values. Mr. Biallas felt that some of the concerns and fears of the residents are overstated but that the wishes of the majority should be considered. Mr.Rimple wanted to know if Evergreen is a half width street. Mr.Erwin stated that Evergreen is a paved half width street on the east side in the front of this property. Mr.Edwards pointed out that the residents seem to be under the impression the property is zoned R-l and it is zoned R-2.He pointed out that some uses in the R-2 zone could be a lot less attractive than the proposed nursing home. He stated that he is in favor of the convalescent home but would abide by the wishes of the residents. Mr. Biallas stated there is a need for a convalescent center in Moses Lake but felt there may be a better place for it close to the hospital. Mr.Edwards moved that the public hearing be closed,seconded by Mr.Chandler, and passed unanimously. Action Taken:Mr.Edwards moved that the Findings of Fact be accepted and the zone change request be denied,seconded by Mr.Biallas,and passed with Mr. Chandler opposed. V.ORDINANCES AND RESOLUTIONS ORDINANCES - AMEND PUBLIC EMPLOYEES RETIREMENT SYSTEM AND FIREMEN'S PENSION SYSTEM - 2ND READINGS A letter was read from Joseph K.Gavinski,City Manager,which presented or dinances amending the Public Employees'Retirement System and Firemen's Pen sion System chapters of the Municipal Code.The amendments are suggested for housekeeping,clarification,and to update the ordinances to provide for op tions allowed by state law. The ordinance amending Moses Lake Municipal Code Chapter 2.68 entitled Public Employees'Retirement System was read by title only. Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.Chandler,and passed unanimously. The ordinance amending Moses Lake Municipal Code Chapter 2.72 entitled Fire men's Pension System 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 -PARKING REGULATIONS - 1ST READING Joseph K.Gavinski,City Manager,stated that he had received information from Municipal Research and Services which questions the city's authority as a third class city to designate handicapped parking.He stated that a code city would have the authority.Since staff was directed by Council to amend the parking regulations,several other housekeeping problems need to be taken care of.The on-street parking situation on Grape and Central has been studied in connection with the Central Drive project.The City Engineer is recommending that parking on Grape Drive be prohibited from Dale Road to Sage Bay Drive,on the west side of Division from Belmont to 1-90,the east side of Division from Nelson to 1-90,and on both sides of Nelson from Pioneer Way west 350'.The proposed ordinance also includes handicapped parking on A Street as Council has directed. 3961 CITY COUNCIL MINUTES:5 May 13,1986 James A.Whitaker,City Attorney,stated that he did not agree with Municipal Research and Services,and that there is another section in the RCW which deals with the designation of parking areas and whether or not angle,paral lel,or metered parking would be allowed.This section could be inferred to allow handicapped parking. The ordinance amending Moses Lake Municipal Code Chapter 10.12 entitled Park ing Regulations was read by title only. Action-Taken:Mr.Edwards moved that the first reading of the ordinance be adopted,and the affected property owners be notified of the proposed change, seconded by Mr.Reese,and passed unanimously. ORDINANCE -CHAPTER 10.36 -VEHICLE HULKS - 1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordinance relating to the control of junk vehicles. The ordinance creating a new Chapter 10.36 of the Moses Lake Municipal Code entitled Junk Vehicles was read by title only. Action-Taken:Mr.Chandler moved that the first reading of the ordinance be adopted,seconded by Mr.Edwards,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS MUNICIPAL TRACT NO. 11 A letter was read from Rita Perstac,Municipal Services Director,which stated ^^ that the City of Moses Lake has submitted a 3 lot,6.55 acre plat for city owned property located between Balsam and Pioneer Way.The plat is for the existing City Hall,the new wing,and separate lots for the library and the Soil Conservation Building.Lot 1 requires a variance because it does not front on dedicated right-of-way but will be accessed by a 30'easement.The area is zoned Public and is served by city water and sewer.Chestnut Street improvements are required.The Planning Commission recommended that the plat be approved with a variance for Lot 1,a covenant for Chestnut Street,and the comments from the City Engineer and Fire Marshal be addressed. Action Taken:Mr.Reese moved that a variance be granted for Lot 1,a cove- nant tor Chestnut Street improvements be required,and the preliminary plat be approved providing the comments from the City Engineer and Fire Marshal are addressed,and the Findings of Fact be accepted,seconded by Mr.Edwards,and passed unanimously. HANSEN PRELIMINARY REPLAT A letter was read from Rita Perstac,Municipal Services Director,which stated /^^ that Richard Hansen is replattlng into one lot the existing Hansen Addition Unit 3 by adding unplatted former railroad property to it.The replat is 6.27 acres,zoned C-2,General Commercial,and served with city water and sewer from Broadway.The Planning Commission recommended that the plat be approved with a covenant for the cul-de-sac at the end of Peninsula and the comments from the City Engineer and Fire Marshal be addressed. Mr.Rimple wanted to know why the cul de sac would be necessary at the end of Peninsula Drive since access is mainly off of Broadway. Ms.Perstac stated that the city design standards require a dead end street to end in a cul de sac. Mr.Hansen stated that he would not be using Peninsula Drive as an access and would really prefer to fence that area off. Mr.Rimple felt the cul de sac should be moved to existing city property.Ms. Perstac stated that additional right-of-way would have to be obtained and the existing right-of-way would have to be vacated. /0o?7 Hi' /0?3 3962 CITY COUNCIL MINUTES:6 May 13,1986 Action Taken:Mr.Rimple moved that Hansen Preliminary Replat be approved with the stipulation that the cul-de-sac area on Peninsula Drive be removed from the Hansen Replat subject to gaining the necessary right-of-way for the cul-de-sac to end at the Hansen's property,the comments from the City En gineer and Fire Marshal be addressed,and the Findings of Fact be accepted, seconded by Mr.Edwards,and passed unanimously. SAGE BAY #6 PRELIMINARY PLAT A letter was read from Rita Perstac,Municipal Services Director,which stated that Eilers/Mann/Niessner are platting 4.4 acres of vacant land into a 12 lot residential subdivision located at the end of Edgewater Lane in Sage Bay.The land is zoned R-l and will be served by city water,sewer,and improved streets.The Planning Commission recommended that this plat be approved with the condition that the comments from the City Engineer and Fire Marshal be addressed. Action Taken:Mr.Chandler moved that the Sage Bay #6 Preliminary Plat be approved provided the comments from the city Engineer and Fire Marshal are addressed,and the Findings of Fact be accepted,seconded by Mr.Reese,and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION CASCADE PARK -REQUEST TO USE ENTRANCE ROAD Joseph K.Gavinski,City Manager,stated that the city has received a request from Dick Herman to utilize the city's driveway into Cascade Park as access for a three lot subdivision he is proposing adjacent to Cascade Park.In par tial consideration for the city allowing Mr.Herman to use the access for his subdivision,he would agree to deed 5'of property adjacent to the western boundary of the park.It is the recommendation of the Municipal Services De partment that Mr.Herman not be allowed to use the road for access to his plat because of problems for the city.At the current time this is a gravel road and is not maintained as well as residents might wish and also snow is not removed from this road during the winter.There may also be some liability to the city.Staff felt this would be a policy decision and is requesting direc tion from Council. Cecil Lee,Park and Recreation Director,pointed out that the city may not always want the road in this location and allowing it to be used by private citizens would severely handicap the city's ability to block the entrance to the park. There was some discussion by the Council on the location of the existing roads,the problem of traffic into the private lots,park closure,etc. Action Taken:Mr.Edwards moved that the request be denied,seconded by Mr. Biailas,and passed unanimously. HUMANE SOCIETY -FENCE Joseph K.Gavinski,City Manager,stated that the city is still having prob lems with dogs running at large and with people who visit the Humane Society shelter wandering near the Larson Sewage Treatment Plant.Since January 1984 the city has monitored the problem and in March 1986 a puppy was found in the headworks.It has been reported that small children have been observed play ing on the lawn unattended with direct access to the headworks and a large amount of dog feces has been observed on the grounds of the Larson Sewage Treatment Plant.It 1s again recommended that a fence be erected between the Humane Society and the Larson Sewage Treatment Plant. Action Taken:Mr.Reese moved that a fence be erected between the land leased by the Humane Society and the Larson Sewage Treatment Plant,seconded by Mr. Chandler,and passed unanimously. 3963 CITY COUNCIL MINUTES:7 May 13,1986 WATER SERVICE REQUEST -COCHRAN Rita Perstac,Municipal Services Director,stated that Howard Cochran has re-^^^ quested permission to extend an 8"city water main on Airway Drive from the north end of Harvest Manor 770 linear feet south along Airway Drive.In ex change,Mr.Cochran is willing to agree to the city's annexation policy if the city sets up a reimbursement schedule for the water main.Bringing city water to this presently vacant property will probably prepare the property for development with septic tanks.The property is about 1/2 mile from the lake. Council may want to consider approving the water request with the condition city sanitary sewer is also extended when-these lots are developed.City sewer is available at Harvest Manor,800'away,in a private easement and on Carswell,1,500'away,in public right-of-way.Starfood Corporation may develop and have a lift station installed only 450'from the north end of the Cochran property. Mr.Cochran stated that he is not in favor of having the approval of the water extension contingent on installing city sewer since it would be cost prohibitive. Mr.Edwards excused himself from the remainder of the meeting due to a pre viously scheduled appointment. There was some discussion by the Council on the sewer problem. Action Taken:Mr.Reese moved that the request for city water be granted, seconded by Mr.Chandler,and passed unanimously. LETTER OF INTENT - PARK AND RECREATION DEPARTMENT A letter was read from Cecil Lee,Park and Recreation Director,which stated that a letter has been sent to the Interagency Committee for Outdoor Recre ation making application for Initiative 215 grant money.Grants are available //g / for up to 75%matching funds for boating and boating related projects.If the /<?J6 Council feels that the city should not apply,the IAC will be notified to dis regard the city's letter of intent. Mr.Lee stated that the projects,proposed for Initiative 215 grant money are the Montiake Park boat launch,pave the boat launch road and parking,replace the bulkhead around the launch area,establish a day moorage dock system;Low er Peninsula Park road and parking facility boat launch,the walk jetty,load ing dock,day moorage,restroom,sewer line,and lift station;Cascade Park, pave boat launch road and parking,day moorage;and Neppel Waterfront Park, day moorage. Action Taken:Mr.Biallas moved that the staff proceed with the application for Initiative 215 grant money,seconded by Mr.Chandler,and passed unanimously. ADVANCE PAYMENTS -RULES Joseph K.Gavinski,City Manager,stated that the Council passed an ordinance which allowed claims to be paid prior to approval by Council.Before the claims can be paid,the Council must adopt rules and regulations with regard to what can be paid.The rules and regulations limit the payment of claims prior to approval by the City Council to payroll,payroll deductions,payroll costs,court filing fees,fees for filing documents with the County Auditor, and payments on bonds,bond coupons,or bond interest. Action Taken:Mr.Biallas moved that the rules and regulations be adopted, seconded by Mr.Reese,and passed unanimously. SOLID WASTE MANAGEMENT PLAN A letter was read from Rita Perstac,Municipal Services Director,which pres ented the revised Solid Waste Plan for the city.The Plan was revised at the request of the Department of Ecology to address concerns raised in their February 4,1986 letter. Action Taken:Mr.Chandler moved that the Revised Solid Waste Management Plan be approved,seconded by Mr.Reese,and passed unanimously. //SO /m lOl* l&3 /6/(s icfti* /D3* 3964 CITY COUNCIL MINUTES:8 May 13,1986 EASEMENT -AMERICAN POTATO A letter was read from Rita Perstac,Municipal Services Director,which stated that American Potato is requesting a non-perpetual easement to place a monitoring well on the city's property west of the wastewater treatment facility in Section 12.The Department of Ecology is requiring American Pota to to install four monitoring wells to check the groundwater in and around their land spray discharge area of.the industry's wastewater. The resolution authorizing the City Manager to grant an easement to the Ameri can Potato Co.was read by title only. James A.Whltaker,City Attorney,stated that the easement would be a private use of public property,the State Constitution requires the Council to deter mine the fair market value of the easement before it can be granted. Action Taken:Mr.Chandler moved that the easement be found to have no value and the resolution granting the easement to American Potato be adopted,secon ded by Mr.Biallas,and passed unanimously. HUMANE SOCIETY CONTRACT A letter was read from Joseph K.Gavinski,City Manager,which presented the contract between the city and the Humane Society and requested authorization to sign the contract. Action Taken:Mr.Reese moved that the City Manager be authorized to sign the contract,seconded by Mr.Chandler,and passed unanimously. INTERGOVERNMENTAL EQUIPMENT AGREEMENT Rita Perstac,Municipal Services Director,stated that for the past two years the city has been studying the possibility of jurisdictions around Moses Lake sharing specialized equipment.Officials from Ephrata,Warden,Qulncy,and the Moses Lake School District have approved of this equipment exchange and the Port of Moses Lake,Othello,Grant County,Soap Lake,and the PUD are ex pected to also agree to participate.An agreement would be completed each time equipment and an operator is loaned out to a participating agency.The borrowing agency would pay equipment and operator hourly rental rates set by the loaning agency.Bill Newell,Assistant Director -Operations has taken the lead with this equipment program and has developed and will maintain the computerized equipment and rental rate schedule.Authorization 1s requested for the city to sign the agreement and become a participating jurisdiction in this program. Action Taken:Mr.Rimple moved that the Intergovernmental Equipment Agreement be approved,seconded by Mr.Reese,and passed unanimously. TRAINING AGREEMENT Joseph K.Gavinski,City Manager,presented a proposed agreement which could be utilized to reimburse the city for training and education expenses if an employee left the employ of the city within a given period of time after the training or education is received.He stated that rules and regulations would be set up for the use of the agreement. Action Taken:Mr.Chandler moved that the city utilize this type of agreement and authorize the City Manager to execute the agreements on behalf of the city,seconded by Mr.Biallas,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS None X.CITY MANAGER REPORTS AND COMMENTS SPRING CLEANUP Joseph K.Gavinski,City Manager,stated that the spring cleanup cost the city $997.50 for two trucks used a total of 14.25 hours each.Lakeside Disposal voluntarily reduced their rental rate from $84 per hour to $35 per hour for the four days of the Spring Cleanup. 3965 CITY COUNCIL MINUTES:9 May 13,1986 1-90 LANDFILL Joseph K.Gavinski,City Manager stated that there have been discussions at the Solid Waste Advisory Committee about reopening the 1-90 Landfill.A re port of those discussions is given to the Council for their information. SEPTIC TANKS Joseph K.Gavinski,City Manager,stated that the County Commissioners have /057 indicated they felt a joint meeting between the Commissioners and the Council would be appropriate to discuss septic tanks,city water and sewer service, and the city's annexation policy.The Commissioners requested the Council send a confirming letter if they are interested in such a meeting. It was the consensus of the Council that no meeting be set at this time. INSURANCE Joseph K.Gavinski,City Manager,stated that AWC has requested all the cities ^' in the State of Washington to discuss insurance pooling and funding a pooling study.The cost to the cities participating in the study will be about $3,000. It was the consensus of the Council that Moses Lake participate in the in surance study. The regular meeting was recessed at 11:10 p.m.and the Council met in an Ex ecutive Session to discuss personnel matters.The Executive Session was ad journed at 12 midnight and the regular meeting was reconyeuexL—Hje^regular meeting was adjourned at 12 midni ATTEST: BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF THE REZONE REQUEST ) BY CHARLES AND LAVERNE FREEMAN,) FIRST CHURCH OF THE NAZARENE,AND )FINDINGS OF FACT JERRY ERWIN ) ) This matter,having come on before the Moses Lake City Council for action on May 13,1986 now makes the following: FINDINGS OF FACT 1. Charles and LaVerne Freeman own Lots 1 and 2 of Ball Addition 2. The First Church of the Nazarene owns Tax #6570. 3.Jerry Erwin proposed to purchase Tax #6570. 4.Charles and LaVerne Freeman,the First Church of the Nazarene,and Jerry Erwin are proposing to change zoning for these parcels of property. 5.The property is presently zoned R-2,Single Family and Two Family Residential,and a small portion is zoned R-l,Single Family Residential, and the owners are requesting that it be changed to R-3,Multi-family Residential for possible future development. 6.Lots 1 and 2 of Ball Addition are platted. 7.Tax #6570 would have to be platted before a building permit could be issued. 8.Grand Drive is a graveled road.Hill Street is improved.Evergreen is improved half width on the east side. 9.City water mains run down Grand Drive,Hill Street,and Evergreen.City sanitary sewer mains run down Hill Street. 10.Approval of a plat for Tax #6570 would require extension of the sanitary sewer main down Evergreen through the plat and street improvements to Evergreen through the plat. 11.At their April 10,1986 regular meeting the Planning Commission reviewed the Environmental Checklist for this non-project zone change and deter mined it to have a non-significant adverse impact on the environment. 12.A public hearing before the Planning Commission scheduled upon notice on the issue of rezoning the land in question was held on April 10,1986. 13.The following people called the city Planning Office to voice their op position to the zone change:Leo Ziegan,932 Hill,Ted Knudsen,1219 Evergreen,Elva Reynolds,1115 Evergreen,Elsie Harper,924 Hill,Mrs. Wicks,1207 Evergreen,Gladys Hiatt,928 Hill,Mr.Jorgenson,Mrs.Menti, 1015 Evergreen,Geraldine Warner,910 Hill,Mabl Lewellen,938 Hill, Teresa Dexter,1430 Hi 11 crest,Cheryl Ferguson,927 Cherry,Mr.&Mrs. Mel in,1211 Evergreen,Mr.&Mrs.Basso,1107 Evergreen,Mrs.Heldon Richens,1010 Dahlia,and Wilma Lowe,1223 Evergreen. 14.Letters from the following people opposing the zone change have been received by the city Planning Office:Duane Leitzke,1215 Evergreen, Leland and Holly Hutsell,1024 S.Dahlia,Mr.and Mrs.Randy Cole,1011 Evergreen,and Mr.&Mrs.James McKee,1014 Dahlia. 15.Sara Milbrandt,representing the developers,stated that Mr.Erwin is proposing to construct on Tax #6570 an 80-unit,one story convalescent and congregate care center.This site was chosen because it is in a quiet neighborhood and it is close to the Wenatchee Valley Clinic.The building will consist of 40,000 square feet with 50 staff members over a 24-hour period.The homes along Evergreen would be buffered with land scaping and perhaps a park.Mr.&Mrs.Freeman were asked to participate in the zone change as it was felt the Planning Commission would be more receptive to a continuous R-3 zone instead of an isolated area of R-3. 16.The following people spoke in opposition to the zone change because of the number of children in the area,the increase in traffic,the lowering of property values,and the encroachment of the R-3 into the R-l neigh borhood:Cheryl Webster,1015 Hill;Robert Lowe,1223 Evergreen;Sandra Sumner,1118 Hill;Bill Anderson,1120 Hill;Nickie Penrose,111 Evergreen;Bruce Holloway,1121 Evergreen;Raymond Grove,1019 Evergreen; John Melin,1211 Evergreen;Vaughn Hiatt,907 Cherry;Mabel Lewellyn,938 Hill;and Elsie Harper,924 Hill. 17.The Planning Commission recommended to the City Council that the zone change request be denied because of the amount of opposition and the fact that the Planning Commission has tried to avoid an R-3 zone directly ad jacent to an R-l zone. 18.The City Council considered the zone change request at their meeting on April 22,1986. 19.Jerry Erwin,representing the development,stated that they chose this particular piece of property because it is close to the Wenatchee Valley Clinic and it is a quiet area.The proposal will have off street parking. 20.Mr.Biallas wanted to know why there was so much opposition to the pro posal at the Planning Commission meeting.Mr.Erwin stated that the residents were opposed to the R-3 zone as it would open up the area to a number of things besides this project including mobile home parks which they are very opposed to. 21.Mr.Edwards wanted to know how much of the proposed rezone would be used for this project.Mr.Erwin stated that they are proposing to put their project on Tax #6570 which is about half of the property proposed in the zone change. 22.Joseph K.Gavinski,City Manager,stated that there is the possibility of using the contract zoning format for this project.The contract zoning would restrict any development to what is allowed in the contract. 23.Mr.Rimple pointed out that the Planning Commission's objection was the R-3 zone adjacent to an R-l. 24.Reverend Cloyce Cunningham,917 Skyline,stated that the church had at one time proposed to build a church on Tax #6570 but it had been decided that it would not accommodate the congregation.When the church was ap proached about this particular project it was felt it would be an ideal area for it. 25.Lyman Severn,1103 E.Lark,felt that this project would be an asset tothecommunityandtheareaasitwouldcleanuptheproperty.f | 26.Mr.Chandler stated that the people he had talked to were concerned about having the property rezoned and this project not being built.He would be in favor of the zone change if it is tied to the nursing home and he did not see any reason to rezone the property owned by the Freemans since there is no project proposed for their property. 27.Mr.Rimple felt the project should be sent back to the Planning Commis sion for their recommendation on the possibility of using the contract zoning concept for this project. 28.The Council exempted the Freeman property from the zone change and adop ted the first reading of the ordinance. 29.Jerry Erwin explained the project to the Planning Commission at their meeting on April 24,1986. 30.The Planning Commission set a special meeting for May 8,1986 to consider the concept of contract zoning for this area. 31.At the Planning Commission meeting on May 8,1986,Mr.Gavinski stated that the proposed ordinance for the contract zone would allow everything already allowed in the R-2 zone with the addition of a convalescent cen ter as either a permitted use or conditional use,which ever the Commis sion may choose. 32.Mr.Collier wanted to know if the convalescent center could be allowed as a conditional use under the R-2 zone. 33.Mr.Gavinski stated that the area would have to be rezoned to R-3 to al low the center unless the Commission found it to be a similar and com patible use in the R-2 zone and he would recommend against that as he did not feel there is anything in the R-2 zone which would be compatible or similar. 34. Mrs. Kvamme stated it would be no better and no worse than a mobile home park which is allowed in the R-2 and the residents in the area do not like the R-3 zone. 35.Mr.Gregory wanted to know what the problem would be in changing the zone. 36.Mr.Collier stated that the Planning Commission uses the R-2 zone as a buffer between the R-l and R-3 zones and he is concerned about what could be placed on the property in the future if it is rezoned to R-3. 37.Mr.Gavinski stated that nothing would be allowed in that area except what is allowed under the contract zone.As it is currently proposed, only those uses allowed in an R-2 zone plus a convalescent center would be permitted. 38.Mr.Gregory wanted to know what would happen to the property if the con valescent center were built and then discontinued. 39.Mr.Gavinski stated that the new owners would have to abide by the con tract zoning.He pointed out that the manufactured housing uses can be eliminated under the contract zone if the Commission desires and the Council agrees. 40.Mr.Bailey pointed out that in this area an R-3 zone is presently adja cent to an R-l along Cherry Street. 41.Mr.Bernd pointed out that the contract zone would give the Commission a great deal of control over the project. 42.Mr.Gregory wanted to know if this zone change would be spot zoning. 43.Mr.Gavinski stated that the possibility is a concern of the staff and the Council would be so advised.He stated that the Freeman's property, which the Council excluded in its passage of the first reading of the ordinance,probably should also be rezoned to avoid the possibility of spot zoning. 44.Mrs.Kvamme wanted to know if the project could be developed as a Planned Unit Development in the R-2 Zone. 45.Rita Perstac,Municipal Services Director,stated that the Binding Site Plan is a subdivision process,not a zoning matter. 46.Mrs.Kvamme stated that she is opposed to the rezone but not the proposed use. 47.Mr.Gregory stated that the residents were also concerned about traffic and water availability.The traffic should not be a problem but he want ed to know if there is sufficient water in the area. 48.Ms.Perstac stated that water is not a problem in the area. 49.Mr.Bailey moved that it be recommended to the City Council that Tax #6570 be rezoned to R-3 under the contract zone allowing the uses in the R-2 zone and including a convalescent center or retirement home as a con ditional use,seconded by Mr.Brown. 50.Mr.Gregory stated that he is concerned about spot zoning. 51.Mr.Gavinski stated that the spot zoning matter would be discussed with the Council and if the contract zone ordinance is approved it would be filed with the County Auditor and should be picked up on a title search. 52.Mr.Bernd stated that he would like to see the Freeman property also re zoned to avoid spot zoning. 53.Mr.Pedersen stated that the Commission could recommend to the Council that the Freeman property be rezoned along with Tax #6570. 54.Mr.Pray felt the area could be left R-2 and the convalescent center found to be a similar and compatible use in the R-2 zone. 55.The motion failed with Mr.Brown,Mr.Pedersen,and Mr.Bailey in favor. 56.Mr.Bernd suggested that the Freeman property and Tax #6570 be rezoned to R-3 under the contract zone to avoid spot zoning. 57.Mrs.*Kvamme felt that the convalescent center could be allowed as a Planned Unit Development under the R-2 zone. 58.Mr.Bernd felt it would be similar to a group home,which is allowed in the R-2 zone,except for its size. 59. Mr. Bernd moved that it be recommended to Council that the contract zone concept be adopted for the Freeman property and Tax #6570 with a con valescent center being allowed as a conditional use,seconded by Mr. Pedersen and passed with Mr.Bernd,Mr.Gregory,Mr.Brown,and Mr. Pedersen in favor and Mr.Pray and Mrs.Kvamme opposed,and Mr.Bailey abstaining. 60.The City Council considered the second reading of the ordinance on the zone change request at their meeting on May 13,1986. 61.Mr.Gavinski stated that the Planning Commission were concerned about spot zoning and possible problems in the future if the area is changed to R-3 even under a contract zone. The Commission recommended that the con tract zone concept be used with only R-2 uses allowed with the exception of a convalescent center being allowed as a conditional use and that the Freeman property also be rezoned to avoid spot zoning. 62.Mr.Gavinski stated that if the Freeman property is rezoned,the or dinance would have to be amended and should be passed as a first reading. 63.Jerry Erwin,the developer of the project,stated that the reason for choosing this area is because it is in a residential area and close to the Wenatchee Valley Clinic.He showed some slides of a similar project located in Longview and showed the site plan for the proposed project. 64.A public hearing before the City Council scheduled upon notice on the issue of rezoning the land in question was held on May 13,1986. 65.Mervin Dexter,914 Hill,stated that he would have liked to see the landscaping of the project in Longview in order to get some idea of what the outside of this one might be like.He is opposed to the rezone. 66.Duane Leitzke,1215 Evergreen,wanted to know how many R-3 areas in the city have R-l right next to them.He felt that most R-3 areas abut on an R-2 zone.He felt there is enough R-3 zones in the city without changing this property to R-3. 67.Bruce Holloway,1121 Evergreen,stated that he is opposed to the zone change and the nursing home itself. 68.Ray Grove,1019 Evergreen,stated he had no objection to a nursing home but was opposed to the R-3 zone. 69.Earl Browning,607 Village,pastor of the Church of the Nazarene,stated that they considered building on this property.He stated that the area is a trash collector.He felt that another nursing home is needed in Moses Lake and felt this would be an ideal spot.He pointed out that a church,which is allowed under current zoning,would generate more traf fic than a nursing home. 70.Bill Anderson,1120 E.Hill,stated that he is in agreement with the com ments from Mr.Leitzke and wanted to know what the outside of the build ing would look like.He also pointed out that the children in the area use the lot to get to and from different points in the neighborhood. 71.Edie Cole,1011 Evergreen,stated that she is not opposed to a convales cent center but is opposed to an R-3 zone in the area. 72.Nicki Penrose,1111 Evergreen stated that she is opposed to the R-3 zone and the convalescent center.She felt it would increase traffic and would affect property values. 73.Sandy Sumner,1118 Hill,stated that she is opposed to the nursing home and an R-3 zone in this area.She felt it would lower the property values. 74.Geraldine Warner,910 E.Hill,stated that she is opposed to the R-3 zone as she felt it would lower the property value,would increase traffic, and felt this would bring as many problems as a trailer court would. 75.Carrie Richins,1119 Evergreen,stated she is opposed to the R-3 zoning. 76.Elsie Harper stated that she lives across the street from this proposed project and is opposed to it. 77.Mabel Lewellyn,stated that her house was the first one on Hill Street and is definitely opposed to the project and the rezone. 78.Dorothy Zeigan,932 E.Hill,stated that there are other areas more suitable to a convalescent center than a residential area and is opposed to it. 79.Karen Hiatt,907 Cherry,stated that she was opposed to the zone change. 80.Roy Lewellen,1104 Dahlia,stated that he is opposed to the zone change. 81.Max Menti,1015 Evergreen,wanted to know how many floors would be involved. 82.John Thorn,834 Evergreen,stated he would like to see it stay the way it is and is opposed to the project. 83.Mr.Rimple pointed out that the area in question is zoned R-2. 84.Mr.Erwin stated that the city approves the site plan for the project including approving the landscaping.He did not feel the property values would go down but that they could increase because of this project.He stated that Moses Lake is the community that is growing in the Columbia Basin and is the medical hub of the area. 85.Mr.Rimple stated that letters were received from Frances Morgan,907 Evergreen and Vern Logg,1103 Evergreen opposing the project and a tele phone call was received from Richard Penrose who is opposed to the zone change. 86.Mr.Edwards wanted to know how high the structure would be. 87.Mr.Erwin stated it is a single story,consists of 35,000 square feet, and would be of wood construction. 88.Mr.Chandler felt that some of the outright permitted uses or conditional uses in the R-2 zone would create a lot more traffic than a convalescent center.He also felt the project would increase the property values. 89.Mr.Biallas felt that some of the concerns and fears of the residents are overstated but that the wishes of the majority should be considered. 90.Mr.Rimple wanted to know if Evergreen is a half width street. 91.Mr.Erwin stated that Evergreen is a paved half width street on the east side in the front of this property. 92.Mr.Edwards pointed out that the residents seem to be under the impres sion the property is zoned R-l and it is zoned R-2.He pointed out that some uses in the R-2 zone could be a lot less attractive than the pro posed nursing home.He stated that he is in favor of the convalescent home but would abide by the wishes of the residents. 93.Mr.Biallas stated there is a need for a convalescent center in Moses Lake but felt there may be a better place for it close to the hospital. 94.Mr.Edwards moved that the public hearing be closed,seconded by Mr. Chandler,and passed unanimously. 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 Tax #6570,considerable opposition to rezoning the said land of approximately 3 acres from R-2,Single Family and Two Family Residential,and R-l,Single 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 Tax #6570 from R-2,Single Fam ily and Two Family Residential,and R-l,Single Family Residential,to R- 3,Multi-family Residential,would not serve the best interests of the residents 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 approximately 3 acres of land known as Tax #6570 which is legally described in the herein Findings of Fact and which is presently zoned R-2,Single Family and Two Family Duplex,and R-l, Single Family Residential,is hereby denied. Dated:May 14,1986 CITY OF MOSES LAKE R. Wayne Rimpl BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE SAGE BAY DIVISION #6 PRELIMINARY PLAT FINDINGS OF FACT,CONCLUSIONS, DECISION This matter,having come on before the Moses Lake City Council for action on May 13,1986,now makes the following: FINDINGS OF FACT 1.Eilers/Mann/Niessner have submitted the Sage Bay Division #6 Preliminary Plat for approval. 2.The property is situated in Grant County and is legally described on Attach ment A. 3.The plat is for a 4.4 acre,12-1ot subdivision.Lots will range in size from 9,500 square feet to approximately 14,000 square feet.Access to the subdivision will be off of Edgewater Lane.The area is zoned R-l,Single Family Residential,and will be served with city water and sewer.The shoreline designation is Urban. 4.At their meeting on March 27,1986 the Planning Commission declared this project to have a non-significant adverse impact on the environment. 5.A public hearing scheduled upon notice before the Planning Commission on the issue of platting the land in question was held on April 10,1986.There were no comments from the public. 6.Written comments were received from the City Engineer,Fire Marshal,and PUD,contained herein by reference and filed in the city plat file. 7.The Planning Commission recommended to the City Council that the Sage Bay No.6 Preliminary Plat be approved contingent upon shoreline permit approval and with the stipulation that the comments from the City Engineer dated April 8,1986 be addressed on the final plat. 8.A public hearing scheduled upon notice before the Planning Commission will be held on May 15 to consider the Shoreline Management Substantial Develop ment Permit. 9.On May 13,1986 the City Council considered the Sage Bay Division No.6 Pre liminary Plat. CONCLUSIONS 1.The City Council of the City of Moses Lake 1s vested with the authority and has the jurisdiction under the law to approve a preliminary 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 May 13, 1986 no opposition to the approval of the Sage Bay #6 Preliminary 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 Sage Bay No.6 Preliminary Plat is approved as recommended by the Moses Lake Planning Commission. Dated:May 15,1986 CITY OF MOSES LAKE ATTACHMENT A That portion of the North half of Section 22.Township 19 North.Range 28 East WM County of Grant.State of Washington,as shown and described on the plat known as Sage Bay Division No.6 and as described as follows: Commencing at a found U.S.Bureau of Reclamation brass cap monument marking the Northwest corner of the Northwest quarter of Section 22; thence North 87 '47*40"East a distance of 2.1 76.36 feet to the Southerly right-of-way * boundary line of Sage Bay Drive and the point of beginning for Sage Bay Division No.2 as recorded in Volume 10,Page 53,records of Grant County,Washington; thence South 68 *00'00"West on the Southeasterly right-of-way boundary line of Said City Street a distance of 335.60 feet to a Northwesterly corner of Said Plat,said point being the Northerly most corner of Lot 60 of Said Plat; thence continuing South 68 '00'00"West on the Northwesterly boundary line of Said Plat a distance of 11 5.00 feet to a Northwesterly corner of Said Plat and the Westerly most corner of Lot 60 of Said Plat; thence South 22 '00'00"East on the Northwesterly boundary line of Said Plat and the Southwesterly boundary line of Said Lot a distance of 90.00 feet to a Northwesterly corner of Said Plat and the Southwesterly corner of Said Lot;* thence South 13*28'07"West on the Northwesterly boundary line of Said Plat a distance of 84.60 feet to a Northwesterly corner of Said Plat and to the Northerly most corner of Lot 57 of Said Plat; thence South 64 '14*45"West on the Northwesterly boundary line of Said Plat a distance of 150.00 feet to the Westerly most corner of Said Plat and to the Westerly most corner of of Lot 56 of Said Plat,said point also being the Northeasterly most corner of the short plat known as Sage Bay Division No.3 Short Plat as recorded in Volume 2 of Short Plats. Pages 45 -47,records of Grant County,Washington,as found under Auditor's File No 776278- thence continuing South 64 *14'45"West on the Northwesterly boundary line of Said Short ' Plat a distance of 320.00 feet to the Northwesterly most corner of Said Short Plat and to the Northeasterly most corner of the short plat known as Sage Bay Division No 4 Short Plat as recorded in Volume 2 of Short Plats,Pages 51-53,records of Grant County,Washington as found under Auditor's File No.779082; thence South 61 *41'53"West on the Northwesterly boundary line of Said Short Plat a distance of 90.1 6 feet; thence South 59 '44'45"West on the Northwesterly boundary line of Said Short Plat a ...distance of.240.00.feet to the-True-Point of-Beginning,said-point also being the North- westerly most corner of Said Short Plat; thence South 59 #44'45"West a distance of 653.93 feet; thence South 30 *15*15"East adistance of 244.68 feet 'to the shoreline of Moses Lake; thence Northeasterly on the shoreline of Said Lake to the Southwesterly boundary line of the short plat known as Sage Bay Division No.4 Short Plat,Said Point bears North 72 "29*38"East a distance of 543.87 feet from the aforementioned last course; thence North 25 '45' 15"West on the Southwesterly boundary line of Said Plat a distance of 175.23 feet to a Southwesterly corner of Said Short Plajt and to the Southeasterly right-of-way boundary line of the city street known as Edgewater Lane; thence North 15 '11'34"West on the Westerly boundary line of Said Plat a distance of 62.1 3 feet to a corner of Said Short Plat and to the Northwesterly right-of-way boundary line of Said City Street; thence North 59 *44'45"East on the Northwesterly right-of-way boundary line of Said City Street and on the Northwesterly boundary line of Said Plat a distance of 93.56 feet to a Northwesterly corner of Said Plat; thence North 30 *15' 15"West on the Northwesterly boundary line of Said Plat a distance of 130.00 feet to the True Point of Beginning; Containing 4.38 Acres,more or less. ••-••••*-'•-~,tf.-v 1/• •:-*/?';.''•?•V-.-ViX:-^*'''-'y BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE HANSEN REPLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION This matter,having come on before the Moses Lake City Council for action on May 13,1986,now makes the following: FINDINGS OF FACT 1.Richard Hansen has submitted the Hansen Replat for approval. 2.The property is situated in Grant County and is legally described on At tachment A. 3.Mr.Hansen is proposing to replat the existing Hansen Addition Unit 3 incorporating into one lot of record land which was formerly railroad right-of-way.The lot will contain 6.27 acres. 4.The area is zoned C-2,General Commercial and Business. 5.The replatted lot is served with city water and sanitary sewer. 6.Access will be off of West Broadway.The lot will also have access onto Peninsula Drive.Mr.Hansen is requesting a variance to the subdivision regulations requiring street improvements to Peninsula Drive.Peninsula Drive will terminate in a cul de sac. 7.Mr.Hansen is agreeable to a covenant to run with the land for the con struction of the cul de sac improvements when required by the city. 8.At their meeting on March 27,1986 the Planning Commission declared this project to have a non-significant adverse impact on the environment. 9.A public hearing scheduled upon notice before the Planning Commission on the issue of platting the land in question was held on April 10,1986. 10.Written comments were received from the City Engineer,Fire Marshal,and Washington State Department of Transportation,contained herein by reference and filed in the city plat file. 11.The Planning Commission recommended to the City Council a variance to the subdivision regulations requiring street improvements to Peninsula Drive be approved provided a covenant runs with the land for the improvements and the Hansen Replat be accepted with the stipulation the comments of the Fire Marshal dated April 7,1986 and the comments of the City En gineer dated April 8,1986 be addressed. 12.On May 13,1986 the City Council considered the Hansen Replat Preliminary Plat. 13.Mr.Rimple wanted to know why the cul-de-sac would be necessary at the end of Peninsula Drive since access is mainly off of Broadway. 14.Ms.Perstac stated that the city design standards require a dead end street to end in a cul-de-sac. 15.Mr.Hansen stated that he would not be using Peninsula Drive as an access and would really prefer to fence that area off. 16.Mr.Rimple felt the cul-de-sac should be moved to existing city property. Ms.Perstac stated that additional right-of-way may have to be obtained on either side of the dead-end and the existing right-of-way would have to be vacated as dedicated on this plat unless the preliminary plat is amended to exclude the dedication. 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 preliminary 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 May 13, 1986 no opposition to the approval of the Hansen Replat Preliminary 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 Hanse Replat Preliminary Plat is approved as recommended by the Moses Lake Planning Commission with the exception that the cul-de-sac area on Peninsula Drive be removed from the Hansen Replat subject to gaining the necessary right-of-way for the cul-de-sac to end at the Hansen's property. Dated:May 15,1986 CITY OF MOSES LAKE ATTACHMENT A DESCRIPTION OF SURVEY A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22.TOWNSHIP 19 NORTH.RANGE 28 EAST OF W.M..AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27.TOWNSHIP 19 NORTH.RANGE 28 EAST OF W.M..GRANT COUNTY.WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22:THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER NORTH 00*33' 23*EAST A DISTANCE OF 282.91 FT.TO A POINT WHICH IS 50.00 FT. WHEN MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF AN EXISTING RAILROAD TRACK:THENCE ALONG A LINE 50.00 FT.DISTANT WHEN MEASURED AT RIGHT ANGLES FROM SAID EXISTING RAILROAD TRACK SOUTH 50*47' 13'EAST A DISTANCE OF 1308.27 FT.:THENCE ALONG A SPIRAL OFFSET CURVE TO THE LEFT TO POINT"A'.SAID CURVE HAVING A CHORD BEARING OF NORTH 52'33'46"WEST A DISTANCE 175.21 FT.:(THE OFFSET SPIRAL IS 50.00 FT.SOUTHWESTERLY OF THE SPIRAL CURVE MARKING THE CENTERLINE OF SAID RAILROAD TRACK.SAID CURVE IS A 6* SPIRAL A DELTA OF 5'24'00"AND AN ARC LENGTH OF 180.00 FT.) THENCE CONTINUING FROM POINT 'A'THROUGH A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 905.37 FT.THROUGH A CENTRAL ANGLE OF 57' 58'29'.AM ARC LENGTH OF 916.10 FT.AND A RADIUS POINT WHICH BEARS SOUTH 33m 48'47'WEST FROM THE LAST DESCRIBED POINT: THENCE NORmOQ*07'48'EAST A DISTANCE OF 193.87 FT.TO THE SOUTHEAST CORNER OF HANSEN ADDITION.UNIT 3.-AS FILED FOR RECORD- IN BOOK 9.PAGE 84 OF PLAT RECORDS OF SAID COUNTY AND STATE- THENCE ALONG THE EAST LINE OF SAID PLAT AND SAID LINE EXTENDED.TO THE SOUTH LINE OF SAID SECTION 22 (SAID EAST LINE BEING A CURVE TO THE LEFT WITH A RADIUS OF 428.34 FT.THROUGH A CENTRAL ANGLE OF 24'00'29'AND A RADIUS POINT WHICH BEARS NORTH 60'26'39'WEST FROM THE LAST DESCRIBED POINT):THENCE ALONG SAID SECTION LINE NORTH 89'52'12'WEST A DISTANCE OF 57.04 FT.•TO THE POINT OF BEGINNING: TOGETHER WITH HANSEN ADDITION.UNIT 3 AS FILED FOR RECORD IN BOOK 9.PAGE 84 OF PLAT RECORDS OF GRANT COUNTY.WASHINGTON. CONTAINING 4.9 ACRES.MORE OR LESS SUBJECT TO AND INCLUDING ALL EASEMENTS AND/OR RIGHTS OF WAY RECORDED OR APPARENT. ^r^r:/zrh$?4. *..•£••.•• mmm m ::.£^-' 'C1 .•'.•'J. !&£&* *?&*»"•#£- tSfr "•y«?}Vf •'• V.'j.V .. . n ^•mmm^ ..',.•..:.•.^X/,-/\'•••..•:<••-.':':'SSS-t4^^- •'"•/•-\:.\y',~S*\Z t'/••'<'>•.-'"'-•/:' BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE MUNICIPAL TRACT NO. 11 PRELIMINARY PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION This matter,having come on before the Moses Lake City Council for action on May 13,1986,now makes the following: FINDINGS OF FACT 1.The City of Moses Lake has submitted the Municipal Tract No.11 Prelimi nary Plat for approval. 2.The property is situated in Grant County and is legally described on At tachment A. 3.The city is proposing a 6.55 acre,3 lot plat of municipal land (the site of the City Hall Complex). 4.The area is zoned Public. 5.The proposed subdivision will be served with city water and sanitary sewer. 6.Improvements will be required to Chestnut Street.The city is requesting a variance to the requirement of the subdivision regulations to improve Chestnut Street.The city is agreeable to a covenant to run with the land to provide for the future construction of the required improvements at such time as required. 7.The city is negotiating with the property owners abutting Chestnut Street for the vacation of the street from the alley south.Access to Lot #1 will be via a 30'perpetual access easement.A variance of the city sub division regulations requiring that a lot front on a dedicated street will be required. 8.There was some discussion by the Commission on the proposed vacation of Chestnut Street and the possible closing of the area adjacent to the Travel Lodge where 18-wheelers park. 9.Rita Perstac,Municipal Services Director,stated that the problem has been discussed by city staff with a Travel Lodge property owner and it is proposed to have a curb cut in the cul de sac on Chestnut which would allow that area to still be used by truckers. 10.At their meeting on March 27 the Planning Commission found this project to have a non-significant adverse impact on the environment. 11.A public hearing scheduled upon notice before the Planning Commission on the issue of platting the land in question was held on April 10,1986. 12.Written comments were received from the City Engineer,Fire Marshal,and PUD,referenced herein and filed in the city plat file. 13.The Planning Commission recommended to the City Council that a variance for the improvements to Chestnut Street be approved provided a covenant run with the land for the improvements and a variance to the requirement that a lot front on a dedicated street be approved and that the Municipal Tract No.11 Preliminary Plat be approved with the stipulation that the comments from the City Engineer be addressed. 14.On May 13,1986 the City Council considered the Municipal Tract No.11 Preliminary 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 preliminary 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 May 13, 1986 no opposition to approval of the preliminary 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 Municipal Tract No.11 Preliminary Plat is approved as recommended by the Moses Lake Planning Commission. Dated:May 15,1986 CITY OF MOSES LAKE Mayor Pro Tern ATTACHMENT A THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 14 AND OF THE NORTHWEST QUARTER OF SECTION 23 ALL IN TOWNSHIP 19 NORTH,RANGE 28 EAST.W.M.,COUNTY OF GRANT,STATE OF WASHINGTON DESCRIBED AS FOLLOWS:' COMMENCING AT THE MONUMENT AT THE INTERSECTION OF FOURTH STREET AND ALDER STREET ACCORDING TO THE PLAT OF NEPPEL FILED OCTOBER 15.1 91 2;THENCE NORTH 53°40'54"EAST.A DISTANCE OF 380.02 FEET TO THE MONUMENT AT THE INTERSECTION OF FOURTH STREET AND BALSAM STREET (FORMERLY BIRCH STREET);THENCE NORTH 36°1 7'02WWEST ALONG THE CENTER LINE OF BALSAM STREET,A DISTANCE OF 179.87 FEET;THENCE NORTH 53°43'08"EAST,A DISTANCE OF 40.00 FEET TO ~ PQINT OF BEGINNING ON THE NORTHEASTERLY RIGHT-OF-WAY OF BALSAM STREET AND THE SOUTHEASTERLY RIGHT-OF-WAY OF ZETA ALLEY; THENCE NORTH 53°43'08"EAST ALONG THE SOUTH BOUNDARY OF ZETA ALLEY,A DISTANCE OF 310.1 8 FEET;THENCE SOUTH 36°1 7'02"EAST A DISTANCE OF 77.89 FEET ALONG THE SOUTHWEST BOUNDARY OF CHESTNUT STREET;THENCE NORTH 53°43'08"EAST A DISTANCE OF 59.98 FEET TO THE SOUTH CORNER OF THE PUT OF PENHALUCK TRUST N0.1 AS FILED MARCH 1 2,1 958;THENCE NORTH 53°43*08"EAST ALONG THE SOUTHEAST BOUNDARY OF SAID PLAT.A DISTANCE OF 300.65 FEET;THENCE SOUTH 36°WW EAST,A DISTANCE OF 125.00 FEET;THENCE NORTH 53°43'08"EAST,A DISTANCE OF 154.33 FEET;THENCE SOUTHEASTERLY ON A CURVE TO THE RIGHT,WITH A RADIUS OF 1096.00 FEET,AN ARC DISTANCE OF 324.60 FEET.THE CHORD BEARING SOUTH 47°43'36u EAST,A DISTANCE OF 323.42 FEET TO THE NORTH RIGHT-OF-WAY OF FIFTH AVENUE; THENCE SOUTH 53°43'08M WEST ALONG SAID RIGHT-OF-WAY.A DISTANCE OF 529.30 FEET TO THE MOST EASTERLY CORNER OF THE CIVIC CENTER PLAT N0.1;THENCE NORTH 36°1 7'02M WEST A DISTANCE . OF 270.00.FEET TO THE MOST NORTHERLY CORNER OF SAID CIVIC CENTER PLAT;THENCE SOUTH 53°43,08"WEST.A DISTANCE OF 360.00 FEET TO THE MOST WESTERLY CORNER OF SAID PLAT'THENCE NORTH 36*1 TO?WEST ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF BALSAM STREET A DISTANCE OF 249.88 FEET TO THE POINT Of BEGINNING. . COMPRISING 6.3e ACRES,MORE OR LESS.• r>>^^i^'«^^»»/:;* •r-1 <?•?•'•'$*•?*•»^^••>??.v.r.'';"uv.' •'•:''•••.''.'.::\-'-'••••-'•:i'-iV^*:r&^^*&Z :•«•-'*/-;VV:;v '.•:i'•'••'.''•K\'"*'•"'•,*';',''""'.•*••v?'- /.