1986 10 144004
CITY COUNCIL
CITY OF MOSES LAKE
October 14,1986
Members Present:Bill Reese,Bill Frederickson,Wayne Rimple,Roger Biallas,
Norm Johnson,David Chandler,and Charles Edwards
The meeting was called to order at 8 p.m.by Mayor Johnson.
Mr.Frederickson moved that the minutes of the meeting of September 23 be ap
proved as submitted,seconded by Mr.Reese,and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL FUND $110,820.71
STREET 3,665.35
ARTERIAL STREET 665.80
STREET REPAIR AND RECONSTRUCTION 45,536.73
STREET IMPROVEMENT 29,879.03
BUILDING AND EQUIPMENT 185,033.39
WATER/SEWER FUND 657,416.67
WATER/SEWER CONSTRUCTION 4,234.13
CERB LOANS 36,906.52
SANITATION FUND 45,943.38
UNEMPL COMP.INS.-0-
CENTRAL SERVICES 3,248.53
BUILDING MAINTENANCE 1,920.47
EQUIPMENT RENTAL 13,676.16
LI GUARANTY 41,605.00
LID #53 14,859.76
TOTAL $1,195,411.63
Mr.Reese moved that the bills be approved as submitted,seconded by Mr.Chan
dler,and passed with Mr.Edwards abstaining from voting for that portion of
the bills to Coast to Coast and Mr.Rimple abstaining from voting for that
portion of the bills to Moses Lake Steel Supply.
PROCLAMATION
A proclamation was read in its entirety declaring the month of October 1986 as //JJl
Crime Prevention Month.
I.CITIZEN INPUT
None
II.CONSENT AGENDA
None
III.CONSIDERATION OF BIDS
LARSON LIFT STATION REHAB
A letter was read from Rita Perstac,Municipal Services Director,which recom-/0£cr
mended that the city reject the bids on the Larson Lift Station Project and
rebid the work in 1987.
Action Taken:Mr.Edwards moved that the bid be rejected and the work rebid
in 198/,seconded by Mr.Frederickson,and passed unanimously.
IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
COMMUNICATION - MOSES LAKE TEEN CENTER BOARD
Jeanne Schneirla,Center Director Coordinator,stated that funds are needed /^/^
for the proposed teen center and requested city participation.She stated
that the center has been named The New Horizon Activity Center and it was felt
there is a need for this center at this time.
7
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CITY COUNCIL MINUTES:2 October 14,1986
Deanna Bernhardt,teacher,stated that students will not give up something
that is enjoyable to them unless they are offered an acceptable alternative.
She felt the teen center would be that alternative.
Paul Blake,student at Moses Lake High School,stated that he has talked to
students and adults about the teen center and there is a great deal of inter
est in it.
Mr.Johnson stated that the city cannot commit funds at this time and sugges
ted that it be discussed during the budget study sessions.._.
No action was taken.|]
COMMUNICATION -DOWNTOWN LID
A letter was read from Joseph K.Gavinski,City Manager,which presented an
unsigned letter from concerned property owners opposing the proposed downtown
LID along with other information concerning the project.
The property owners have suggested the following:
1.Reject the resolution presented by the Moses Lake Task Force.
2.Leave Third Avenue an arterial street as listed in the Comprehensive Plan.
3.Work on a second lake crossing as planned in the Comprehensive Plan.
4.Encourage property and business owners to update their buildings.En
courage the use of awnings to help keep our present sidewalks cooler in
summer and hopefully free of some of the snow and ice that we have in the
winter.
5.These moves will help keep the liability down for both city and business
owners plus cut down some on the work load of all concerned.
r—
Dean Haggerty,Auto Supply Co.,stated that he is opposed to the downtown LID |
since his property has recently been improved with sidewalks,storm drain,new <
building,etc.He is opposed to the proposed brick sidewalks and did not feel
the costs could be justified.
Pamela Baker read a letter from Ron Baker which stated that he is opposed to
the brick sidewalks and the traffic flow should not be changed.He felt that
proposed LID should be more fully discussed with the downtown property owners.
He felt that the improvements were needed but more information is needed
first.
Eleanor Sortor requested that the entire block of Third Avenue and Broadway
between Ash and Beech be withdrawn from the Task Force project because most of
the property owners are opposed.Since the petitions were presented to the
Council some of the property owners have withdrawn their support.
Bertha Guffin,Third and Cedar,is opposed to the project and is opposed to
angle parking.She felt the vacant lots could be used for parking.
M.B.Harrison,business owner,stated that he is opposed to the project as he
felt the off street parking and traffic flow problems should be addressed
first.
Ernest Lawrence,Broadway and Alder,service station,felt the brick sidewalkscouldbeahazardandfeltthesecondlakecrossingshouldbelookedatfirst.||
He is opposed to the project.|
Shirley Kvamme stated that the resolution takes only 40%of the assessed
valuation to carry it and she is opposed to the project.
Mr.Johnson pointed out that there is resolution before Council at this time
and will not be until the Task Force presents one and requests that it be
passed.
There was some discussion by Council on the procedures for establishing an LID
by the petition method and resolution method.Information on each procedure
had been distributed to Council
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CITY COUNCIL MINUTES:3 October 14,1986
.ORDINANCES AND RESOLUTIONS
ORDINANCE - WOODARD ANNEXATION - 2ND READING
A letter was read from Rita Perstac,Municipal Services Director,which pres
ented an ordinance annexing 92 acres of property located east of Highway 17
between Nelson and Kittelson Roads.
The ordi
Moses Lake
thereof
read by title only.
inance providing for the annexation of certain territory to the City of
ake,Washington and incorporating the same within the corporate limits
,providing for the assumption of existing indebtedness and zoning was
/OSVs-
The public hearing was opened.There were no comments so the public hearing
was closed.
Action Taken:Mr.Edwards moved that the second reading of the ordinance be
adopted,seconded by Mr.Chandler,and passed unanimously.
ORDINANCE -CREATE CHAPTER 12.40 -STREET CONSTRUCTION REIMBURSEMENT -2ND //>/
READING
A letter was read from Joseph K.Gavinski,City Manager,which presented an
ordinance allowing the city to contract with the owner of real estate for the
construction or improvement of streets and to participate financially in the
construction or improvement of the streets.
The ordinance creating a new Chapter 12.40 of the Moses Lake Municipal Code
entitled Street Construction or Improvement Reimbursement Charges was read by
title only.
Action Taken:Mr.Chandler moved that the second reading of the ordinance be
adopted,seconded by Mr.Reese,and passed unanimously.
ORDINANCE VALLEY ROAD AND AIRWAY DRIVE ANNEXATION -1ST READING
A letter was read from Rita Perstac,Municipal Services Director,which pres
ented an ordinance annexing a small portion of land located at the intersec
tion of Airway Drive and Valley Road.
The ordinance providing for the annexation of certain territory to the City of
Moses Lake,Washington,and incorporating the same within the corporate limits
thereof,providing for the assumption of existing indebtedness and zoning was
read by title only.
Action Taken:Mr.Edwards moved that the first reading of the ordinance be
adopted and the public hearing be set for October 28,seconded by Mr.Rimple,
and passed unanimously.
VI.REQUESTS TO CALL FOR BIDS
None
VII.REFERRALS FROM COMMISSIONS
WESTLAKE SHORES PHASES II - IV -PRELIMINARY PLAT RESUBMITTAL
A letter was read from Rita Perstac,Municipal Services Director,which stated
Jack Corning has resubmitted the preliminary plat for Westlake Shores Phase II
-IV because the original preliminary plat expired.The plat is zoned R-l,
Single Family Residential,and will be served with city sanitary sewer,water,
and streets.The Planning Commission recommended to Council that the prelimi
nary plat be approved subject to the original five Department of Ecology con
ditions,the City Engineer's eleven comments be addressed on the final plat,
and the four variances be granted.
Action Taken:Mr.Chandler moved that the preliminary plat be approved as
recommended by the Planning Commission and the Findings of Fact be accepted,
seconded by Mr.Biallas,and passed unanimously.
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CITY COUNCIL MINUTES:4 Ocober 14,1986
REPLAT OF MONTY HOLM PLAT LOT #3 - VARIANCE
A letter was read from Rita Perstac,Municipal Services Director,which stated
that Boundary Engineering,on behalf of Jim Campbell of Campbell Distributing
of Moses Lake,has submitted a replat of Lot 3 of the Monty Holm Plat.The
purpose of the replat is to add former railroad right-of-way to Lot 3 so that
he can build a new warehouse.The new warehouse will not have any plumbing
facilities.An existing septic tank serves the existing office building on
the existing Lot #3.Mr.Campbell has requested variances with a covenant for |
street and utility improvements on Marina Drive and Holm Street.City sewer
is at least 900'from his property.The sewer extension requirement is the
problem with this replat.In October 1985 Council approved Ordinance #1187
that prohibits septic tanks for new subdivisions,no matter what distance
sewer is from a proposed subdivision.This replat brought to light some com
peting interests in the city's ordinances.
Mr.Campbell cannot build on unplatted property unless the Council grants him
permission to do so.Without a plat the city loses the covenant normally at
tached at the preliminary plat stage.On the other hand,he cannot plat un
less he extends city sanitary sewer at least 900'.The assumption here is
that a 900'sewer extension is unreasonable for this replat.The Planning
Commission appears to be in favor of requiring city sewer for new subdivi
sions,but felt Mr.Campbell's situation is different from the intent of MLMC
13.04.045 because Mr.Campbell is replatting by adding property to an existing
plat and building a warehouse facility without adding bathroom facilities.
To resolve the problem so that he can build before winter,the Planning Com
mission,at their September 25,1986 meeting,recommended the following:
"Mr.Campbell be allowed to build on unplatted property at this time with
the stipulation that a covenant be executed for future street and utility
improvements and that when the Planning Commission recommends to the
Council that a change be made in Section 13.04.045 of the Moses Lake f—.
Municipal Code that Mr.Campbell be required to plat the property with
the covenants to remain in effect on the platted property."
The resolution allowing Jim Campbell of Campbell Distributing to build on un
platted property was read by title only.
Mr.Edwards moved that the request be denied.Died for lack of a second.
Action Taken:Mr.Frederickson moved that the resolution be adopted,seconded
by Mr. Reese.
Mr.Frederickson stated that the area is not that environmentally sensitive
and the facilities are already existing.
It was the consensus of the Council that each case should be decided on its
own merits.
The motion passed with Mr.Edwards opposed.
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
VALLEY ROAD AND PAXSON DRIVE -ROAD MAINTENANCE AGREEMENT
A letter was read from Joseph K.Gavinski,City Manager,which presented anagreementbetweenthecityandGrantCountyregardingthemaintenanceofVal-p|
ley Road and Paxson Drive.i
Action Taken:Mr.Rimple moved that the City Manager be authorized to size
the agreement,seconded by Mr.Reese,and passed unanimously.
SWIMMING POOL STUDY
P°°Aletter was read from Cecil Lee,Park and Recreation Director,which recom
mended that ORB Organization be used as the one to do the pool study.
4008
CITY COUNCIL MINUTES:5 October 14,1986
Action Taken:Mr.Reese moved that the City Manager be authorized to sign the
agreement with ORD Organization,seconded by Mr.Frederickson,and passed
unanimously.
GARDEN DRIVE -ACCEPT WORK
A letter was read from Rita Perstac,Municipal Services Director,which stated
that the Garden Drive Drain Line work has been completed and recommending that
the work be accepted and the 30-day lien period entered into.
Action Taken:Mr.Frederickson moved that the work be accepted and the 30-day
lien period entered,seconded by Mr.Chandler,and passed unanimously.
IX.COUNCIL QUESTIONS AND COMMENTS
None
X. CITY MANAGER REPORTS AND COMMENTS
INVESTMENT REPORT
/003TheinvestmentreportforSeptember1986wasdistributed.
BUDGET
Budget study sessions were set for October 20,21,22,23,27,29,November 3 /0 /6
and 5.
The regular meeting was adjourned at 9:30 p.m.
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ATTEST;
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BEFORE THE CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE WESTLAKE SHORES
PHASE II - IV PRELIMINARY PLAT
RESUBMITTAL
FINDINGS OF FACT,CONCLUSIONS,
AND DECISION
This atter,having come on before the Moses Lake City Council for action on
October 14,1986,now makes the following:
FINDINGS OF FACT
1.Jack Corning has resubmitted a preliminary plat for the Westlake Shores
Phases II -IV residential subdivision which is legally described as
Phases II,III,and IV of Westlake Shores.
2.The Westlake Shores Preliminary Plat was approved August 1,1982 for
three years.A one year extension of plat approval was granted October
22,1985 and expired August 1,1986.No further extensions of prelimi
nary plat approval are available.
3.The Westlake Shores resubmittal is the same as the original plat submit
tal.The area is zoned R-1,Single Family Residential.The plat will be
served with city water and sanitary sewer.Street improvements will be
required to serve the subdivision.The following conditions were imposed
by the Department of Ecology on the original plat and still apply:
A.No subdivided lot will be less than 12,500 square feet
B.No subdivided shoreline lot will have less than 115'of shoreline
frontage.
C.The proposed subdivision will allow 300'of shoreline frontage for
community access.
D.A 20'buffer strip will be maintained between any proposed subdivi
sion and the Washington State Department of Game public lands.
E.Sewer and water will be available for all subdivided lots.
4.The following variances were also approved for the original preliminary
plat and the developers are requesting that the variances which pertain
to Phases II -IV be approved for the resubmittal:
A.Allow a variance on sight distances on curves at nine locations
within the plat.
B.Rolled extruded concrete curb on all internal streets.
C.A covenant to run with the land for Laguna Drive to be improved when
the remaining street improvements are made -this involves the re
alignment of the street and the possible reconstruction of the ex
isting bridge.
D.Omit curbs,gutters,and sidewalks on the north side of Sage Drive
within the subdivision boundaries.
E.Omit sidewalks on the entire west side and on the east side from the
Phase IV development to the end of the project on Sand Dunes Road.
F.Omit sidewalks on the north and east sides of Phase I.
G.Rolled extruded concrete curb on the south side of Sage Drive within
the subdivision boundaries.
H.Width to depth ratio to be waived on Lot 2 of Block 1;Lots 18, 19,
and 24 of Block 2;Lots 7,10,11,12,and 13 of Block 4;Lots 18,
20, 21,22,27,28,29,31,34,and 36 of Block 7;and Tracts B,C,
and D.
5.The City Engineer's comments list items to be corrected or addressed with
the final plat submittal.The following comments from the original pre
liminary plat review remain to be corrected as they pertain to the sub
mitted plait:
A.The building lines shown on Lots 31,34,and 36 are concurrent with
property lines and do not allow for yard setback requirements.
B.Once the surveyor has satisfied the requirement for 100 usable feet
on the residential lots,remove the dotted lines from the final
plat.
C.Clarification is needed on the final plat regarding Tracts A,B,C,
and D.Tract A does not meet requirements for a lot.
D.On Sheet 1 of 2 in Phase III,it shows a Lot 23 which should not be
shown since it is part of Tract B.
E.The final plat shall show 20 foot sewer,water,and storm utility
easements and shall be centered on a lot line.The water,sewer,or
storm drain lines shall be offset 5 feet from the center of the
easement.
6.A public hearing before the Planning Commission scheduled upon notice on
the Westlake Shores Phases II - IV Preliminary Plat Resubmittal was held
on September 11,1986.
7.There were no comments from the public present.
8.Mr.Collier pointed out that a letter was received from R.E.Prieve
which stated that Pier 4 and Poplar Sands have not been completely reim
bursed for sewer for Phase I of this development.The reimbursement is
for $8,230 of which $4,000 was paid in December 1985 and the remainder
was to have been paid in July 1986.
9.Rita Perstac,Municipal Services Director,stated that the Phase I was
finalized before the sewer reimbursement schedule was put in place by
ordinance.Mr.Corning agreed to pay for their portion of the sewer and
a payment was made in December 1986 with the balance to be paid in July
of this year.
10.Mr.Bernd wanted to know if the remainder of the reimbursement would be
paid.
11.Jack Corning,representing the development,stated that he did not
believe it had a bearing on the resubmittal and he was unaware of Mr.
Prieve's letter,but the remainder of the reimbursement would be paid.
12.The Planning Commission discussed the variance to omit sidewalks on the
east side of Sand Dunes Road from the Phase IV development to the end of
the project.The Commission felt that sidewalks should be required.
After some discussion it was felt that the original variance was for the
large lots adjacent to Camas Place on the south.
13.The Planning Commission recommended to Council that the Westlake Shores
Phases II -IV Preliminary Plat Resubmittal be approved subject to the
following conditions attached to the property by the Department of Ecol
ogy on the original plat:
A.No subdivided lot will be less than 12,500 square feet.
B.No subdivided shoreline lot will have less than 115'of shoreline
frontage.
C.The proposed subdivision will allow 300'of shoreline frontage for
community access.
D.A 20'buffer strip will be maintained between any proposed subdivi
sion and the Washington State Department of Game public lands.
E.Sewer and water will be available for all subdivided lots.
the following comments of the City Engineer be addressed on the final plat:
A.The building lines shown on Lots 31,34,and 36 are concurrent with
property lines and do not allow for yard setback requirements.
B.Once the surveyor has satisfied the requirement for 100 usable feet
on the residential lots,remove the dotted lines from the final
plat.
C.Clarification is needed on the final plat regarding Tracts A,B,C,
and D.Tract A does not meet requirements for a lot.
D.On Sheet 1 of 2 in Phase III,it shows a Lot 23 which should not be
shown since it is part of Tract B.
E.The final plat shall show 20 foot sewer,water,and storm utility
easements and shall be centered on a lot line.The water,sewer,or
storm drain lines shall be offset 5 feet from the center of the
easement.
F.Description should not include Phase I.
G.The utility plans were previously approved for Phase I only.Ap
proval of Phase II plans will be required.
H.Lots that do not meet subdivision requirements for width at the 25'
building line will need a variance.
I.Proposed street and utilities are required on the site plan.We
have proposed extension of water,sewer,and streets.These will be
sufficient.We will review street plans for Phase II upon request.
Recent changes will require the submittal of PUD,PNB,and cable TV
plans.The conduit for these utilities must be shown on the street
plans.
Street lighting is the responsibility of the developer and PUD plans
must be submitted.The developer will pay all PUD charges and in
stall the street light wiring and conduit as required by the PUD.
J.The vicinity map scale is approved.
K.No site plan was submitted with the plat.A site plan is required
as part of the submittal.The previous submittal contained a site
plan but the lot layout has been completely revised,and is not
acceptable.
the following variances be approved:
A.Allow a variance on sight distances on curves at nine locations
within the plat.
B.Rolled concrete curb on all internal streets.
C. Omit sidewalks on the entire west side and on the east side from
Camas Place to the end of the project on Sand Dunes Road.
D.Width to depth ratio to be waived on Lots 18, 19,and 24 of Block 2;
Lots 7,10, 11,12,and 13 of Block 4;Lots 18,20,21, 22, 27, 28,
29,31, 34,and 36 of Block 7;and Tracts B,C,and D.
14.The Planning Commission,at their meeting on September 26,amended the
minutes of the September 11 meeting to clarify the variance concerning
the sidewalks on Sand Dunes Road as follows:
Action Taken:Mr.Bernd moved that the minutes of the meeting of Septem-
ber 11 concerning the Westlake Shores Phases II -IV Resubmittal be amen
ded as follows:"3.Omit sidewalks on the entire west side of Sand
Dunes Road and on the east side of Sand Dunes Road from the intersection
of Camas Place to the end of the project on Sand Dunes Road",seconded by
Mr.Gregory,and passed unanimously.
15.On September 23,1986 the City Council set October 14,1986 as the date
to consider this resubmittal.
16.On October 14,1986 the City Council considered the Westlake Shores Pre
liminary Plat Phases II,III,and IV.
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 the
Westlake Shores Prelimianry Plat Phases II,III,and IV no opposition to
its approval.
3.The City Council is cognizant of the need to serve the welfare and best
interests of the entire community,and believes that this plat will serve
the best interests of the residents of the City of Moses Lake and bears a
substantial relationship to the public welfare of the entire community.
DECISION
1.The Westlake Shores Phases II,III,and IV Preliminary Plat is approved
as recommended by the Moses Lake Planning Commission.
Dated:October 17,1986
CITY OF MOSES LAKE
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