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1987 02 104051 CITY COUNCIL CITY OF MOSES LAKE February 10,1987 Members Present:Norm Johnson,Bill Frederickson,Wayne Rimple,Roger Biallas, David Chandler,Bill Reese,and Charles Edwards The meeting was called to order at 8 p.m.by Mayor Johnson. Mr.Rimple moved that the minutes of the meeting of January 27 be approved as submitted,seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $24,280.61 STREET 135.84 CAPITAL 50,000.00 STREET IMPROVEMENT 5,815.96 BUILDING AND EQUIPMENT 93,214.25 WATER/SEWER FUND 2,976.70 WATER/SEWER CONSTRUCTION 1,588.43 SANITATION FUND 29,409.43 UNEMPL COMP INS 3,845.99 CENTRAL SERVICES 4,131.80 BUILDING MAINTENANCE 1,652.58 EQUIPMENT RENTAL 3,128.04 LID 53 215.00 TOTAL $220,394.63 Mr.Edwards moved that the bills be approved as submitted,seconded by Mr. Chandler,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. PROCLAMATION The proclamation declaring February 21-28,1987 as FFA Week was read in its //$2 entirety. I.CITIZEN INPUT None II.CONSENT AGENDA Mr.Chandler moved that the following items on the Consent Agenda be approved: 1.Resolution -PUD Easement -Municipal Airport ZO/3 2.Resolution -set date for public hearing -LID #55 -Clover Drive /J3<f 3.Resolution -accept easement -Hathaway -Stratford Road Sewer Main SO/3 4.Resolution -accept easement -Hall -Stratford Road Sewer Main A;,/J 5.Resolution -cancel warrants S/3£* seconded by Mr.Chandler,and passed unanimously III.CONSIDERATION OF BIDS FUEL A letter was read from Rita Perstac,Municipal Services Director,which stated /o/(/ that two bids were received for supplying the city with gas for the next year. Cenex was the low bidder. Action Taken:Mr.Biallas moved that Cenex be awarded the bid for the city's fuel supply,seconded by Mr.Reese,and passed unanimously. ,1* ^ )Dl* tf* 4052 CITY COUNCIL MINUTES:2 February 10,1987 IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION - H & H SECURITY A letter was read from Richard Haer of H &H Security which stated that it is difficult to charge for a service that is done free by the Police Department. Crime prevention is a function of the Police Department.He requested the Council consider if checking doors and windows could be considered an effec tive deterrent to crime or a personal service. Joseph K.Gavinski,City Manager,stated that he and Mr.Haer had discussed his concerns and Mr.Haer would like the police department to stop doing security checks and offering escort services.Direction to limit the type of services provided by the Police Department would have to come from the Council. Mr.Haer felt that the Police Department's time could be better utilized in crime prevention. There was some discussion by the Council and no action was taken. COMMUNICATION -SAMMONS COMMUNICATIONS A letter was read from Sammons Communications,Inc.which stated that they are planning to make a change in the cost and make-up of their service.It will be changed from $9.63 for 12 channels and $6.00 for the tier to $13 for 28 channels. No action is required by the Council. COMMUNICATION -CERTIFICATES OF APPRECIATION A letter was read from Don Garrison,Fire Chief,which requested the Mayor to present Certificates of Appreciation to Firefighter Craddock for diving into Lind Coulee and rescuing a child from a submerged automobile and to Fire fighter Salinas for entering a burning residence to rescue the occupant. The Certificates of Appreciation were presented to Firefighter Craddock and Firefighter Salinas. ORDINANCE -ERWIN REZONE - 2ND READING -PUBLIC HEARING A letter was read from Rita Perstac,Municipal Services Director,which stated that Jerry Erwin,representing the WEBKO Partnership of Vancouver,Washington, has requested a zone change for approximately 6.5 acres located at the inter section of Clover Drive and Nelson Road.They are requesting the land be re- zoned from R-l,Single Family Residential,to R-3,Multi-family Residential, to facilitate the construction of a nursing home. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. The public hearing was opened. Richard Penrose stated that he objected to the location of the nursing home since there will be a great deal of foot traffic and parents pick up and drop off their children in this area.It is also a bus pick up and the Grant Coun ty Fire District #5 is there too.He was concerned about whether Moses Lake could support two nursing homes and what would happen if the building became vacant. Mr.Chandler moved that the public hearing be closed,seconded by Mr.Reese, and passed unanimously. A letter was received from Duane Leitzke opposing the zone change and a letter was received from the Moses Lake Clinic in favor of the zone change. Jerry Erwin,representing the development,stated that there will be a circu lar drive and,therefore,two entrances and exits.He stated that they have had no problem with school children in their other nursing homes and felt that the nearness of the fire department could be an asset. 4053 CITY COUNCIL MINUTES:3 February 10,1987 Action Taken:Mr.Rimple moved that the second reading of the ordinance and the Findings of Fact be adopted,seconded by Mr.Chandler,and passed unanimously. V.ORDINANCES AND RESOLUTIONS ORDINANCE -GOLDEN ACRES ANNEXATION - 1ST READING A letter was read from Rita Perstac,Municipal Services Director,which pres-/O^^ ented an ordinance annexing Lots 1 - 7 of the Golden Acres Plat located on Westshore Drive.The ordinance provides for the assumption of all outstanding city indebtedness and adoption of the Comprehensive Plan.The Planning Com mission recommended to the Council that the area be zoned R-l,Single Family Residential,and the ordinance reflects that recommendation. 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 a public hearing be set for February 27,seconded by Mr.Rimple, and passed unanimously. ORDINANCE - AMEND 1987 BUDGET - 1ST READING A letter was read from Walter Fry,Finance Director,which presented an or dinance amending the 1987 budget to provide for the lease/purchase of 4 police vehicles. The ordinance amending the 1987 budget for the City of Moses Lake,Washington was read by title only. Action Taken:Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Chandler,and passed unanimously. RESOLUTIONS - PUD EASEMENT/PERMIT A letter was read from Rita Perstac,Municipal Services Director,which stated '$'3 that the PUD has requested right-of-way for a transmission line across two parcels of city-owned property -the north 27 feet of Tract 42,Park Orchards Tract and a 27'right-of-way through Cascade Park.Because Cascade Park has both State of Washington funds and federal funds co-mingled with city funds, the PUD has to have approval of all three governmental agencies before a per petual easement can be executed.The State of Washington has suggested the city execute the permit in lieu of executing an easement. The resolution authorizing the City Manager to grant an easement to the Public Utility District of Grant County was read by title only. Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Mr.Blallas,and passed unanimously. The resolution authorizing the City Manager to execute a permit to the Public Utility District of Grant County was read by title only. Action Taken:Mr.Edwards moved that the resolution be adopted,seconded by Mr.FrederlcKson,and passed unanimously. RESOLUTION - ESTABLISH DOWNTOWN LID FUND A letter was read from Walter Fry,Finance Director,which presented a resolu-/Q/& tion setting up a fund for the proposed Central Business District LID. The resolution establishing a new LID fund for the Central Business District improvement and authorizing the Finance Director to solicit temporary financ ing during engineering and construction was read by title only. Mr.Fray stated that soliciting of the temporary financing for the LID could not be sought until the LID has been established by another ordinance.After the improvements have been constructed bonds will be sold to repay the tem porary financing. JO/0 )0\b ]0\'l /? 10s' )°5 4054 CITY COUNCIL MINUTES:4 February 10,1987 It was the consensus of the Council that the ordinance should not be passed until the Downtown LID is established. Action Taken:Mr.Frederickson moved that the resolution be tabled,seconded by Mr.Chandler,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS JANITORIAL SERVICES A letter was read from Rita Perstac,Municipal Services Director,which re quested authorization to call for bids for janitorial services for a two year period. Action Taken:Mr.Edwards moved that staff be authorized to call for bids, seconded by Mr.Reese,and passed unanimously. POLICE VEHICLE LEASE A letter was read from Rita Perstac,Municipal Services Director,which re quested authorization to call for bids for leasing four police cars for a three year period.There are only two mid-size police package cars available and staff requested Council direction on whether to bid mid-size cars only or have mid-size as the minimum size police package. Action Taken:Mr.Frederickson moved that staff be authorized to call for bids with the mid-size as the minimum size police package,seconded by Mr. Chandler,and passed with Mr.Edwards opposed. VII.REFERRALS FROM COMMISSIONS MUNICIPAL TRACT 11 -AMENDMENT A letter was read from Rita Perstac,Municipal Services Director,which stated that the city is proposing to construct full width street improvements to Chestnut Street in the Municipal Tract 11 Plat in 1987.Current city stan dards require that the street terminate in a cul de sac and the City Engineer is requesting an amendment to the plat to allow the street to end in a im proved city parking lot.The Planning Commission recommended to the Council that the amendment be approved since the south end of Chestnut also empties into a driveway that eventually connects with Fifth Avenue. Action Taken:Mr.Rimple moved that the plat amendment be granted and the Findings or Fact be accepted,seconded by Mr.Biallas,and passed unanimously. PUBLIC ZONE AMENDMENT -ORDINANCE - 1ST READING A letter was read from Rita Perstac,Municipal Services Director,which pres ented an ordinance amending the Public Zone to allow a municipally employed resident attendant at Cascade Park as a conditional use.The Planning Commis sion recommended that the amendment be approved. The ordinance amending Chapter 18.48 of the Moses Lake Municipal Code entitled Public Zone was read by title only. Action Taken:Mr.Frederickson moved that the first reading of the ordinance be adopted and a public hearing be set for February 24,and the residents from 500 to 700 on Crestview be notified of the public hearing,seconded by Mr. Chandler. There was some discussion by the Council and it was stated that the residents were opposed to a private contractor operating Cascade Park. The motion passed with Mr.Rimple,Mr.Reese,and Mr.Johnson opposed. CONDITIONAL USE REGULATIONS AMENDMENT - ORDINANCE - 1ST READING A letter was read from Rita Perstac,Municipal Services Director,which pres ented an ordinance amending the conditional use regulations in the Zoning Code by extending the time limit prior to expiration of a conditional use permit to 24 months from the existing 12 months. 4055 CITY COUNCIL MINUTES:5 February 10,1987 The ordinance amending Chapter 18.51 of the Moses Lake Municipal Code entitled Conditional and unmentioned Uses was read by title only. Action Taken:Mr.Edwards moved that the first reading of the ordinance be adopted and a public hearing be set for February 24,seconded by Mr.Biallas, and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION HARVEST MANOR SEWER MAIN REPORT Rita Perstac,Municipal Services Director,explained the problem with the mix of private and public utility lines near Harvest Manor.To solve the problem staff recommends the following actions: 1.Existing conduit house only water main;abandon private sewer main so that city water main can become a legal installation. 2.Install second conduit for a new city sewer main only. 3.Accept Starfoods (Mr.Ward)and Mr.Cochran's offer to install second con duit at their expense ($5,000 value),the existing 4"sewer line from Air way Drive to Highway 17 ($5,000 value,and easement from Highway 17 to Carswell Drive. 4.City pay for new 6"sewer line built to city standards through new conduit to Carswell ($10,000 more or less)and to connect Harvest Manor to city's sewer line ($4,500 value). 5.Both conduits - one with water main and another with sewer main - are ac cepted by city for ownership and maintenance. 6.City contracts with Starfoods and Mr.Cochran or another contractor to perform the work and the city pays it's share that would be between $10,000 to $15,000. Mr.Rimple wanted to know if water and sewer mains in the same conduit was legal in 1976 when it was constructed. Ms.Perstac stated that the project submitted to DOE and DSHS in 1976 was le gally designed but what was constructed was not what was designed. Joseph K.Gavinski,City Manager,pointed out that the inspection was done by a private firm. Action Taken:Mr.Frederickson moved that the recommendation of the city staff be accepted,seconded by Mr.Biallas,and passed unanimously. MAINTENANCE SERVICES -EQUIPMENT RENTAL -REQUEST FOR DIRECTION A letter was read from Rita Perstac,Municipal Services Director,which stated that providing some assistance to the city's mechanic to maintain city vehi cles and equipment has been discussed by the Council at the Kennewick work shop.To contract out some of the maintenance work to a private shop would cost about $28,000 per year while a fullOtime Maintenance Work I would cost about $24,852 including benefits. Action Taken:Mr.Edwards moved that the city hire a full time Maintenance Worker I,seconded by Mr.Johnson. There was some discussion by the Council. The motion passed with Mr.Chandler opposed as he felt a half time person would be sufficient. LID #53 A letter was read from Walter Fry,Finance Director,which requested au-/9\CO thorization to arrange with Seattle Northwest Securities for a sale of bonds for LID #53. //£(/> /4?£ \0& 0° f lot 1/ 4056 CITY COUNCIL MINUTES:6 February 10,1987 Action Taken:Mr.Rimple moved that staff be authorized to arrange with Seat- tle Northwest Securities for a negotiated sale of bonds for LID #53,seconded by Mr.Edwards,and passed unanimously. SECOND LAKE CROSSING - REQUEST FOR DIRECTION Joseph K.Gavinski,City Manager,stated that in October 1978 the Council unanimously decided that Alternate A'be developed as the main route for the second lake crossing.During the search for funds for the project,Grant County was approached but indicated they objected to the route approved by Council.The County Commissioners believe a more preferable route would transverse Highway 17 and Grape Drive and then across Parker Horn.From an administrative point of view it seems necessary to discuss how to move the traffic from Patton Boulevard to Valley Road in addition to discussing the portion of the crossing between Valley Road and Broadway.Staff requests Council reaffirm the previous decision on the routing of a second lake cross ing or give direction with regard to a different route. There was some discussion and it was the consensus of the Council that a second lake crossing is needed in the city. Action Taken:Mr.Biallas moved that the Council continue to study the second lake crossing proposal but put the acquisition of right-of-way on hold for the next 12 months,seconded by Mr.Johnson and failed with Mr.Biallas in favor. A study session was set for Tuesday,February 17,at 7 p.m.in the Council Chambers. IX.COUNCIL QUESTIONS AND COMMENTS None X.CITY MANAGER REPORTS AND COMMENTS AWC LEGISLATIVE CONFERENCE Joseph K.Gavinski,City Manager,stated that the AWC Legislative Conference is scheduled for February 25 and 26 and Mr.Biallas,Mr.Chandler,Mr. Frederickson,and Mr.Johnson will be attending.Dinner will be held with the legislators on Wednesday evening and a meeting is being arranged for Thursday afternoon with the legislators and the Port officials. COUNCIL/STAFF WORKSHOP Joseph K.Gavinski,City Manager stated that the Council/staff workshop has been scheduled for June 5,6,and 7 in Kennewick. CONFERENCE/COFFEE ROOM FURNITURE Joseph K.Gavinski,City Manager,requested authorization to purchase a table and 12 chairs for the conference room and furniture for the coffee room,he stated that quotes received for the conference table and chairs would cost about $2,000 and the coffee room furniture would cost about $700. Action Taken:Mr.Johnson moved that staff be authorized to purchase a table and 1Z chairs for the conference room and furniture for the coffee room,and that the amount to be spent be not more than $3,000,seconded by Mr.Chandler and passed unanimously.f' OIL PRODUCTS Joseph K.Gavinski,City Manager,reported to the Council that the motion to call for bids for oil products supplied to the city did not pass at the last meeting.Because of the confusion on the vote at the last meeting,it is presented to Council again for their consideration. Action Taken:Mr.Biallas moved that staff be directed to call for bids for motor oiI,gear lubricants,transmission fluids,transmission oils but exclud ing light oils for lubrication of hand tools,seconded by Mr.Frederickson. n 4057 CITY COUNCIL MINUTES:7 February 10,1987 Mr.Chandler pointed out that it would be very difficult to make up bid specifications.He pointed out that AWC is introducing a bill to raise the limit before requiring bidding.He stated that the bidding process is expen sive and he did not feel it is necessary. Mr.Biallas did not see what the problem would be with bidding for this product. The motion failed with Mr.Frederickson,and Mr.Biallas in favor and Mr. Johnson,Mr.Edwards,Mr.Chandler,Mr.Reese,and Mr.Rimple opposed. The regular meeting was recessed at 10:30 p.m.and the Council met in an ex ecutive session to discuss real estate acquisition.The executive session v/as adjourned at 11:00 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 11:00 p.m. Mayor"/ ATTEST:i/ BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE REZONE REQUEST BY WEBKO PARTNERSHIP FINDINGS OF FACT,CONCLUSIONS, AND DECISION This matter,having come on before the Moses Lake City Council for action on February 10,1987 now makes the following: FINDINGS OF FACT 1 The WEBKO Partnership has requested the rezone of approximately 6.5 acres legally described as the south 1/2 of the south 1/2 of the southeast quarter of the southeast quarter of Section 23. 2.The property is presently zoned R-l,Single Family Residential,and the owners are requesting that it be changed to R-3,Multi-family Residen tial,to allow for the construction of a nursing home. 3.The area is unplatted but served with city sanitary sewer and water. At their meeting on December 11,1986 the Planning Commission declared this non-project zone change to have a non-significant adverse impact on the environment. A public hearing before the Planning Commission scheduled upon notice on the issue of rezoning the land in question was held on January 15,19«/. Jerry Erwin,representing WEBKO Partnership,stated that the location of the building has been changed so that it will be closer to the existing Christian Church and will have access off of Nelson Road.The project will use about half the land requested to be rezoned.He stated that they are under some time constraints since they must deal with the state on this project and requested that the permit processes be expedited as much as possible so that construction could start this year. Mrs.Kvamme stated that she had received some objections to this project and wanted to know if a contract zone could be established for the area and have it revert to R-l if the project is not done. Joseph K.Gavinski,City Manager,stated that acontract zone is possible but a reverter clause would not be legal. Mr.Erwin showed several slides showing another nursing home project they completed about a year and a half ago,that is representative of thenursinghometheywouldliketobuildinMosesLake.He also mentionedthattheproposednursinghomeexteriorfinishwouldbesimilartothe retirement inn. 10.Wilma Lowe,1223,Evergreen stated that she objected to the Project and wanted to know if the area adjacent to Evergreen Drive would be zoned R- 3. 11 Mr.Erwin explained the layout of the project and the fact that just theareaoftheprojectisrequestedtoberezonedanditisnotadjacentto Evergreen. 12.The Planning Commission recommended to the City Council that the zone change request be granted. 13.The City Council considered the zone change request at their meeting on February 10,1987. 4. 5. 6. 7. 8. 9. 14.Richard Penrose stated that he objected to the location of the nursing home since there will be a great deal of foot traffic and parents pick up and drop off their children in this area.It is also a bus pick up and the Grant County Fire District #5 is there too.He was concerned about whether Moses Lake could support two nursing homes and what would happen if the building became vacant. 15.A letter was received from Duane Leitzke opposing the zone change and a letter was received from the Moses Lake Clinic in favor of the zone change. 16.Jerry Erwin,representing the development,stated that there will be a circular drive and,therefore,two entrances and exits.He stated that they have had no problem with school children in their other nursing homes and felt that the nearness of the fire department could be an asset. 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 hearing before the City Council on the issue of rezoning the land owned by WEBKO Partnership,some opposition to rezoning the said land of approximately 6.5 acres from 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 the land owned by WEBKO Partnership from R-l,Single Family Residential,to R-3,Multi-Family Residential,would serve the best interests of the residents of the City of Moses Lake and would bear a substantial relationship to the public welfare of the entire community. DECISION 1.The zone change requested for the approximately 6.5 acres of land owned by WEBKO Partnerhsip which is legally described in the herein Findings of Fact and which is presently zoned R-l,Single Family Residential,is hereby granted. Dated:February 13,1987 CITY OF MOSES LAKE BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF MUNICIPAL TRACT 11 ) FINAL PLAT AMENDMENT )FINDINGS OF FACT,CONCLUSIONS, ) AND DECISION ) This matter,having come on before the Moses Lake City Council for action on February 10,1987,now makes the following: FINDINGS OF FACT 1.The Municipal Tract 11 Final Plat Findings of Fact,Conclusions,and Decision dated November 14,1986 are incorporated by reference herein. 2.On January 29,1987 the Planning Commission considered an amendment to the Municipal Tract 11 Final Plat to allow Chestnut Street to terminate in an improved parking lot instead of a cul de sac as required by city standards. 3.After some discussion it was the consensus of the Planning Commission that since the south end of Chestnut also empties into a driveway that eventually connects with Fifth Avenue,it was logical to terminate Chest nut Street in the improved parking lot. 4.The Planning Commission recommended to Council that the plat amendment be approved. 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 an amendment to a final plat within the city's corporate limits if the criterion required by law is met. 2.There appears after the public meeting before the City Council on February 10,1987,no opposition to the amendment to the final 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 amendment 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 amendment to the Municipal Tract 11 Final Plat is approved as recom mended by the Moses Lake Planning Commission. Dated:February 13,1987 CITY OF MOSES LAKE '^yzhvi&w ^^r^Ct^^i^