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1986 09 093994 CITY COUNCIL CITY OF MOSES LAKE September 9,1986 Members Present:Norm Johnson,Bill Reese,David Chandler,Bill Frederickson, Charles Edwards,Wayne Rimple,and Roger Biallas. The meeting was called to order at 8 p.m.by Mayor Johnson Mr.Reese moved that the minutes of the meeting of August 26 be approved as submitted,seconded by Mr.Rimple,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $13,079.19 STREET 2,305.10 ARTERIAL STREET 51.75 STREET REPAIR AND RECONSTRUCTION 34.50 STREET IMPROVEMENT 1,149.98 BUILDING AND EQUIPMENT 3,949.24 WATER/SEWER FUND 19,608.99 WATER/SEWER CONSTRUCTION 278.77 SANITATION FUND 29,163.67 UNEMPL COMP.INS.496.02 CENTRAL SERVICES 2,984.16 BUILDING MAINTENANCE 1,242.71 EQUIPMENT RENTAL 4,715.55 FIREMEN'S PENSION 120.10 LID #53 1,408.00 TOTAL $80,587./3 Mr.Chandler moved that the bills be approved as submitted,seconded by Mr. Rimple,and passed with Mr.Biallas abstaining from voting for that portion of the bills to A &H Printers,and Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply. I.CITIZEN INPUT DOWNTOWN DEVELOPMENT TASK FORCE Bill Bailey,representing the Downtown Development Task Force,presented a resolution endorsing a downtown development project and presented petitions supporting the project. Mr.Johnson accepted the petitions and stated that it would be discussed at the next meeting. II.CONSENT AGENDA -None III.CONSIDERATION OF BIDS -None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION -GAMBLING TAX Due to a conflict of interest in this item,Mr.Reese excused himself and left the Council Chambers. A letter was read from Dale Watson which requested time to discuss the gam bling tax rate in the city. Mr.Watson,on behalf of the liquor establishments and faternal organizations, requested the Council reduce the gambling tax from 5%to 2.5%since the amount of tax collected is over that which is spent on gambling enforcement. Mr.Rimple wanted to know if the money collected from gambling activities is used for the enforcement of the gambling law. //S// .job \& ,^A /> 3995 CITY COUNCIL MINUTES:2 September 9,1986 oseph K.Gavinski,City Manager,stated that the word primarily in the Attor ney General's Opinion has been interpreted to mean that gambling enforcement has first call on the funds collected. There was some discussion by the Council and it was decided to discuss the tax during budget study sessions. V.ORDINANCES AND RESOLUTIONS ORDINANCE -FIXING ESTIMATED AMOUNT FROM TAXATION -1ST READING r— A letter was read from Walter Fry,Finance Director,which presented an or dinance estimating the amount to be received for municipal purposes from taxa tion on assessed valuations on property within the city limits for 1987. The ordinance fixing the estimated amount to be received for municipal pur poses from taxation on assessed valuations on property within the City of Moses Lake for 1987 was read by title only. Action Taken:Mr.Rimple moved that the first reading of the ordinance be adopted,seconded by Mr.Chandler,and passed unanimously. ORDINANCE -AMEND CHAPTER 3.28 -UTILITY TAX -1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordinance which increases the utility tax on telephone companies to the amount in effect in 1985.The legislature has changed the taxing of telephone compa nies and that change could cost the city approximately $54,000 per year. However,the legislation allows the cities to reinstitute the utility occupa tional tax at the rate which was in effect in 1985. The ordinance amending Chapter 3.30 of the Moses Lake Municipal Code entitled Utility Occupation Tax was read by title only. Action Taken:Mr.Rimple moved that the first reading of the ordinance be ["""] adopted,seconded by Mr.Chandler,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS -None VII. REFERRALS FROM COMMISSIONS COLUMBIA BASIN DAILY HERALD - BUILD ON UNPLATTED PROPERTY A letter was read from Rita Perstac,Municipal Services Director,which stated that the Columbia Basin Daily Herald is proposing to construct an addition to its existing building located at 813 Third Avenue.The area is not platted and is identified as Tax #4026 and Tax #1319.The area is zone C-2,General Commercial and Business.The site fronts on Gumwood and Third,both of which are improved city streets.The site is served with city water and sanitary sewer.Tom Kurdy,publisher and editor,has requested permission to build on unplatted property to allow the construction of the addition to the Herald building to proceed in an expeditious manner.The Planning Commission recom mended to the Council that the Columbia Basin Daily Herald be allowed to build on unplatted property with the stipulation that preliminary plat approval be acquired prior to the issuance of an occupancy permit. The resolution allowing Scripps-Hagadone Realty,Inc.,Columbia Basin Daily Herald Newspaper,to build on unplatted property was read by title only. Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.j Frederickson,and passed unanimously.i MORGAN-CLARK SHORT PLAT -VARIANCE REQUEST A letter was read from Rita Perstac,Municipal Services Director,which stated that Gary Morgan and Dave Clark have submitted a two-lot short plat to the city.The plat fronts on Fourth Avenue which is an improved city street with pavement,curb,gutters,and sidewalk on the north side of the street.The proponents are requesting the following variances: u 3996 CITY COUNCIL MINUTES:3 September 9,1986 1.A variance to the requirement to construct sidewalk on Fourth Avenue. They are agreeable to a covenant providing for construction of the side walk when required by the city. 2.A variance to the requirement that the side lot line be within 20%of per pendicular to the front property line it intersects.The variance is re quested for the northeast property line. 3.A variance to allow a lot width of 58.84'instead of 65'on Lot 1. The Planning Commission recommended that the variance on the side lot line and the variance on the lot width be granted and the variance on the sidewalk be denied. Action Taken:Mr.Edwards moved that the recommendation of the Planning Com- mission be approved,seconded by Mr.Rimple,and passed unanimously. COVE WEST PHASE I FINAL PLAT A letter was read from Rita Perstac,Municipal Services Director,which pres ented the Findings of Fact,Conclusions,and Decision on the Cove West Phase I Final Plat. Action Taken:Mr.Frederickson moved that the Cove West Phase I Final Plat Findings be accepted,seconded by Mr.Rimple,and passed unanimously. EASTLAKE TRACTS AND LINGG ADDITION -ALTERATIONS A letter was read from Rita Perstac,Municipal Services Director,which stated that the owners of Lots 1,2,and 3 Block 5 and Lots 1,2,and 3 Block 4 of Eastlake Tracts and the owners of Tracts 1,2,and 3 of Lingg Addition have submitted petitions requesting the alteration of the subject plats as provided by RCW 58.12.The plat alterations are being requested to facilitate the vacation of a portion of Eastlake Drive north of Hill Street.Alteration of the plats is required to ensure that the lots affected by the vacation front upon a dedicated city street.Lots \\2\and 3 Block 4 and Lots 1,2,and 3 Block 5 of Eastlake Tracts and Lots 1,2,and 3 of Lingg Addition have been respectively combined into three single large lots of record.Each new lot has frontage on a city street.At the August 12 meeting the Council adopted an ordinance vacating that portion of Eastlake Drive north of Hill Street. The Planning Commission recommended that the plat alterations be approved. Action Taken:Mr.Reese moved that the plat alterations be approved,seconded by Mr.Frederickson,and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION CITY HALL REMODEL -LOAN A letter was read from Walter Fry,Finance Director,which requested au-/0/y thorization to call for quotes for a $500,000 loan for the city hall remodel to be repaid over a five-year period beginning on the 5th year.The city would pay interest only during the first five years coinciding with the exist ing loan. Action Taken:Mr.Edwards moved that staff be authorized to call for quotes, seconded by Mr.Chandler,and passed unanimously. SNOW REMOVAL A letter was read from Joseph K.Gavinski,City Manager,which presented the //J£? city's policy on snow and ice removal.At the present time emergency equip ment routes,major arterials,and the central business district is plowed when snowfall reaches 2".Residential streets are not plowed until the snowfall reaches 6". There was some discussion by the Council on snow removal and the responsibili ty of the property owners.It was the consensus of the Council that the snow be plowed to the side of the street and an ordinance be brought back requiring owners to remove vehicles from the streets when plowing is to be done.It was also the consensus of the Council that an ordinance be brought back requiring //JCs //J is p (/ \06? ,D°3 3997 CITY COUNCIL MINUTES:4 September 9,1986 roperty owners to remove the snow from sidewalks within a given time and giving the city the authority to do so if it is not done by the property owner and bill the property owner for the cost of the snow removal. GOLDEN CORRAL RESTAURANT -ACCEPT UTILITIES A letter was read from Philip J.Bloom,City Engineer,which stated that the sewer line extended along Stratford Road as part of the Golden Corral Plat has been completed and is ready for acceptance by the Council. Action Taken:Mr.Edwards moved that the sewer line constructed as part of the Golden Corral Plat be accepted,seconded by Mr.Reese,and passed unanimously. VALLEY ROAD AND AIRWAY DRIVE -NOTICE OF INTENT TO ANNEX A letter was read from M.G.McLanahan,Asst.Director -Special Projects, which stated that the city has been negotiating with Grant County for a small portion of land in Section 16 for annexation to the city for the purpose of establishing definite boundaries of responsibility. Action Taken:Mr.Edwards moved that the annexation request be referred to the Planning Commission and September 23 be set as the date to consider rejecting or accepting the Notice of Intent to Annex,seconded by Mr. Frederickson,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS PROCLAMATION \ft*The proclamation declaring Tuesday,September 16,1986 as International Day of Peace was read in its entirety. X.CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT Joseph K.Gavinski,City Manager,distributed the August 1986 investment re port to the Council. n &SALES TAX,/5^ 1019 Joseph K.Gavinski,City Manager,stated that the May and June sales tax received by the city was approximately $223,000. ROAD JURISDICTION COMMITTEE Joseph K.Gavinski,City Manager,stated that discussions have taken place over the possibility of the state becoming responsible for the Alder Street Fill or the city becoming responsible for Broadway.There will be a meeting on September 23,1986 at the Hallmark Inn concerning these streets.The city will be present to state its position that Broadway should remain a state highway and also that Alder Street Fill should become the state's responsibility. The regular meeting was recessed at 9:15 p.m.and the Council met in an execu tive session to discuss real estate acquisition.The executive session was adjourned at 9:45 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 9:45 p.m./I r-j ATTEST: BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF THE PLAT ALTERATIONS ) OF EASTLAKE TRACTS LOTS 1,2,AND 3 OF )FINDINGS OF FACT,CONCLUSIONS, BLOCK 5 AND LOTS 1,2,AND 3 OF BLOCK )AND DECISION 4 AND LINGG ADDITION TRACTS 1,2,AND 3) This matter,having come on before the Moses Lake City Council for action on Septem ber 9,1986,now makes the following: FINDINGS OF FACT 1.Lakeview Partners has submitted the Eastlake Tracts Alteration Plat and the Lingg Addition Alteration Plat. 2.These plat alterations are being proposed because of the vacation of a portion of Eastlake Drive north of Hill Street. 3.Alteration of the plats is required to ensure that all lots affected by the street vacation will front on a dedicated city right-of-way. 4.Eastlake Tracts is situated in Grant County and is legally described as Block 4,Lots 1,2,and 3 and Block 5,Lots 1,2,and 3. 5.Lingg Addition is situated in Grant County and is legally described as Lingg Addition,Tracts 1,2,and 3. 6.The Eastlake Tracts Alteration Plat eliminates interior lot lines in Blocks 4 and 5 so that both blocks will have access onto Hill Avenue. 7.The Lingg Addition Alteration Plat eliminates interior lot lines and creates a single lot having access onto Division Street. 8.Both plats are zoned R-3,Multi-Family Residential,and are served with city water and sewer. 9.A public hearing scheduled upon notice before the Planning Commission on the issue of the plat alterations was held on August 28,1986. 10.There were no comments from the public.No written protests by any person were filed with the city prior to or during the public hearing. 11.The Planning Commission recommended to the City Council that the Eastlake Tracts Plat Alteration and the Lingg Addition Plat Alteration be approved. 12.On September 9,1986 the City Council considered the request for the alteration of Eastlake Tracts,Block 4,Lots 1,2,and 3;Block 5,Lots 1,2,and 3;and Lingg Addition,Tracts 1,2,and 3. 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 piat alteration 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 September 9, 1986 no opposition to the approval of the plat alteration. 3.The City Council is cognizant of the need to serve the welfare and best inter ests of the entire community,and believes that these plat alterations will serve the best interests of the residents of the City of Moses Lake and bear a substantial relationship to the public welfare of the entire community. DECISION 1.The plat alterations are approved. Dated:September 30,1986 CITY OF MOSES LAK&- MayoFTro