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1988 02 23V ) 4175 CITY COUNCIL CITY OF MOSES LAKE February 23,1988 Members Present:Wayne Rimple,Roger Biallas,Bill Reese,Bill Frederickson, Norman Johnson,David Chandler,and Charles Edwards MINUTES Mr.Edwards moved that the minutes of the meeting of February 9 be approved as submitted,seconded by Mr.Frederickson,and passed unanimously. APPROVAL OF BILLS AND WARRANTS ISSUED Action Taken:Mr.Reese moved that the bills and warrants issued be approved, seconded by Mr.Johnson,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply. Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and those expense reimbursement claims certified as required by RCW 42.24.090,have been recorded on a listing which has been made available to the City Council. The vouchers included on the above list as modified by the Council and noted upon said list for the Council meeting of February 23,1988 for the funds listed below are approved in the amount of $67,898.68 for all funds. GENERAL FUND $30,205.01 STREET 7,057.54 STREET IMPROVEMENT 81.13 WATER/SEWER FUND 15,271.82 WATER/SEWER CONSTRUCTION 2,286.61 SANITATION FUND 2,205.75 CENTRAL SERVICES 6,614.12 BUILDING MAINTENANCE 8.56 EQUIPMENT RENTAL 4,168.14 TOTAL $67,898.68 The payroll issued on February 19,1988,having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by warrants 31937 through 32088 in the amount of $146,512.21. The claims warrants 27701 through 27825 issued on February 10,1988 were ap proved for payment at the Council meeting held on February 23,1988 in the total amount of $82,297.80. BOY SCOUTS The Boy Scouts attending the meeting were introduced by the city staff and ))ty(f Councilmen. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS None IV.PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS JAPAN AIR LINES -DONATION Yoshiyuki Inoue,Assistant Director,and Teruyoshi Asakawa,Senior Director,(O^fa of Japan Air Lines presented a check to the city in the amount of $2,000. )0l° 0 )(?« IDIO )Dl3 4176 CITY COUNCIL MINUTES:2 February 23,1988 SIDEWALK REPLACEMENT Richard Fitterer is planning to replace the sidewalk in front of his office at 102 W.Broadway and requested the city's participation. Joseph K.Gavinski,City Manager,stated that he has advised Mr.Fitterer the city had participated in the project by Mr.Goodwin by replacing the curb and installing the irrigation system for the proposed trees.He pointed out that the city has discussed a similar request from Mr.Syford and another person who owns property in the downtown area. There was considerable discussion by the Council on how much money the city should expend on sidewalk projects,how it should be distributed,whether or not the city should participate each year with $15,000 matching funds,etc. Action Taken:Mr.Frederickson moved that the item be tabled,seconded by Mr. Johnson,and passed unanimously. SAMMONS COMMUNICATIONS -FRANCHISE RENEWAL Dawn Hill,General Manager of Sammons Communications,served notice on the city of their intent to seek renewal of the franchise as authorized by the Cable Communications Policy Act of 1984.Notice must be given not more than 36 months or less than 30 months prior to the expiration date of the current franchise.The current franchise expires in December 1990. Joseph K.Gavinski,City Manager,stated that the Council should proceed with the process of franchise renewal by holding public hearings and look at the needs of the community and the past performance of the franchise holder.He pointed out that under current federal law there are very few reasons why a franchise can be denied. It was the consensus of the Council that the City Attorney look at the franchise being proposed by Sammons before public hearings are set.r- V.ORDINANCES AND RESOLUTIONS ORDINANCE -PLANNING COMMISSION - 1ST READING At the request of the Planning Commission,an ordinance was presented which provides for business reasons as an excused absence from a Planning Commission meeting along with illness and vacations. Mr.Rimple felt that business reasons is too ambiguous to be allowed to be ^ used as an excuse.Since the people ask to be appointed to the Planning Com-r^. mission they should take on the responsibility.J~ Mr.Chandler and Mr.Reese were in agreement with Mr.Rimple.J^ GOORDINANCE-AMEND 1988 BUDGET -1ST READING Q] An ordinance was presented which amends the 1988 Budget to provide funds for the construction of the amphitheater. The ordinance amending the 1988 Budget for the City of Moses Lake,Washington was read by title only. Action Taken:Mr.Biallas moved that the first reading of the ordinance be adopted,seconded by Mr.Chandler,and passed unanimously. RESOLUTIONS - ACCEPT UTILITY EASEMENTS Four resolutions were presented which accept an easements for a sewer line installed in the Love Plat. The resolution accepting an easement from Jack E.St Marie and Jenny J.St. Marie was read by title only. Action Taken:Mr.Chandler moved that the resolution be adopted,seconded by Mr.Frederickson,and passed unanimously. 4177 CITY COUNCIL MINUTES:3 February 23,1988 The resolution accepting an easement from Jack E.St.Marie and Jenny J.St. Marie was read by title only. Action Taken:Mr.Frederickson moved that the resolution be adopted,seconded by Mr.Chandler,and passed unanimously. The resolution accepting an easement from Ronald D.Lawler and Cheryl L. Lawler was read by title only. Action Taken:Mr.Chandler moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. The resolution accepting an easement from Hochstatter Electric,Inc.was read by title only. Action Taken:Mr.Chandler moved that the resolution be adopted,seconded by Mr.Edwards,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS MONTLAKE PARK DOCKS Staff requested authorization to call for bids for 12 boat day moorage dock in ^2/ Montiake Park. Action Taken:Mr.Johnson moved that staff be authorized to call for bids, seconded by Mr.Chandler,and passed unanimously. VII. REFERRALS FROM COMMISSIONS CASCADE PARK -BUILD ON UNPLATTED PROPERTY The City of Moses Lake is requesting permission to build on unplatted property ^y,,+/a at Cascade Park.The Planning Commission recommended that the request be /l/o*ten granted. The resolution allowing the City of Moses Lake to build on unplatted property was read by title only. Action Taken:Mr.Edwards moved that the resolution be adopted,seconded by Mr.Chandler,and passed unanimously. MUNICIPAL TRACT 12 The City of Moses Lake has submitted a preliminary plat for a two lot,163 acre,subdivision which is the site of the Moses Lake Municipal Airport.Lot //<*& 1 is 95 acres,zoned Agriculture,and is presently leased for agricultural use.Lot 2 is 67 acres,zoned Light Industrial,and is the site of the municipal airport.Lot 1 is served with a city well and septic tanks.Access to the proposed plat is via improved county roads L NE and 4 NE.The city is requesting permission to be allowed to continue to serve the plat with septic tanks.The city is also requesting a variance of the city subdivision regula tions requiring that city sanitary sewer and water mains be extended to and through the plat.Plat boundaries will be to the centerline of the roads. Thirty foot right-of-way will be dedicated to the public on the north and east sides of the plat for road purposes.A variance of the city subdivision reg ulations requiring that streets be improved to city standards is being re quested.The Planning Commission recommended to the City Council that the plat be approved with the stipulation that the comments from the City Engineer be addressed,and the variances be granted with the stipulation that a cove nant run with the land for the extension of water and sewer mains at such time as required by the city. James A.Whitaker,City Attorney,stated that under a ruling by the state Supreme Court it could be construed as a useless act for the city to place a covenant against itself. Action Taken:Mr.Chandler moved that the plat be approved with the stipula- tion that the City Engineer's comments be addressed,the variances be granted, and the Findings of Fact be approved,seconded by Mr.Chandler,and passed unanimously. riw )<fl \fflb 4178 CITY COUNCIL MINUTES:4 February 23,1988 VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION None IX.COUNCIL QUESTIONS AND COMMENTS SIDEWALKS A study session was set for March 29 at 7:30 p.m.to discuss sidewalks. TOURISM Mr.Biallas stated that the Tourism Council has hired Communication by Design to develop a symbol or logo which would identify Moses Lake and which would be used in all the advertising. PLANNING COMMISSION/PARK AND RECREATION COMMISSION Mr.Rimple stated that there is one vacancy on the Planning Commission and two vacancies on the Park and Recreation Commission. X.CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT Joseph K.Gavinski,City Manager,presented the investment report for the month of January 1988. SALES TAX ,P-^Joseph K.Gavinski,City Manager,stated that the sales tax for November and p December 1987 was $160,000.For the period November and December 1986 sales tax was $219,000.That is a 27%decrease.Contact has been made with the Department of Revenue to find out if the figures are accurate.Also,the Con vention Center Fund,which is based on sales tax,received $5,000 in November 1986,$12,000 in December 1986,$7,800 in November 1987,and $25,000 in Decem ber 1987.He stated that if the sales tax figures are accurate,it would mean the city has approximately $60,000 less to work with than was anticipated. The regular meeting was adjourned at 9:30 p.m. yor ATTEST J> CO c_ •&. CO en City Clerk M/7f-/ BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF THE MUNICIPAL ) TRACT #12 PRELIMINARY PLAT )FINDINGS OF FACT,CONCLUSIONS, )AND DECISIONS This matter,having come on before the Moses Lake Planning Commission for ac tion on January 28,1988,now makes the following: FINDINGS OF FACT 1.The City of Moses Lake has submitted the Municipal Tract #12 Preliminary Plat for approval. 2.The property is situated in Grant County and is legally described as follows: ^The northeast 1/4 of Section 13 in Township 19 North,Range 28,EWM, F*Grant County,Washington,containing 163 acres,more or less,according ^J"to the United States Government Survey. rn 3.The plat is for a 163 acre,2 lot subdivision,which is the site of the Moses Lake Municipal Airport.Lot 1 is zoned Agriculture and consists of 95 acres.Lot 2 is zoned Light Industrial and consists of 67 acres.Lot 1 is presently leased for agricultural use and Lot 2 is the site of the municipal airport.Lot 1 is served with a city well and septic tanks. 4.Access to the proposed plat is via improved county roads L NE and 4 NE. 5.A variance is being requested in order to serve the plat with septic tanks and a variance is also being requested of the city subdivision reg ulations requiring that city sanitary sewer and water mains be extended to and through the plat. 6.Plat boundaries will be to the centerline of the roads.Thirty foot right-of-way will be dedicated to the public on the north and east sides of the plat for road purposes.A variance of the city subdivision reg ulations requiring that streets be improved to city standards is also being requested. 7.Larry Angel 1,Asst.Director for Community Development,pointed out that city sewer is available at Wheeler Road and water is available about 200' to 300'from the Municipal Airport. 8.At their meeting on January 14,1987 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 January 28,1988. 10.The following comments from the City Engineer were received: A.Center of section -was top or base of monument tied? B.South 1/16 corner is shown as a 1/4 corner. C.South dimension of Lot 2 is not the same as the lease agreement. D.Show the correct PUD easements along the east side of the plat. E.Bureau easement is shown incorrectly at the southeast corner and the south 1/16 corner. F.Show the county road names. G.Plat boundaries will be to the centerline of the roads.Thirty foot right-of-way will be dedicated to the public on the north and east sides of the plat. < H.A variance is required for the construction of streets to community standard. I.A variance is required for the extension of city water and sewer mains to service this plat. J.Approval of the City Council is required for the use of on-site sewer systems on this plat. K.Plat map and vicinity map scales are approved as drawn. 11.Wi1 lard Benson,1330 Dunn,wanted to know if the city is anticipating changing the zoning of the area. 12.Joseph K.Gavinski,City Manager,stated that the city has no plans to rezone are area. 13.Mrs.Kvamme wanted to know if Skyline Acres has any desire to annex. 14.Mr.Benson stated perhaps just for city sewer. 15.There was some discussion by the Commission on whether or not the city should be required to install water and sewer lines through the plat at a time when Skyline Acres might need to connect.Mr.Bailey did not feel such a requirement should be placed on the city to accommodate property outside the city limits. 16.The Planning Commission recommended to Council that the preliminary plat be accepted with the stipulation that the comments from the City Engineer be addressed and the variances be granted with the stipulation that a covenant run with the land for the extension of water and sewer mains at such time as required by the city. 17.On February 9,1988 the City Council set February 23,1988 as the date to — consider this preliminary plat. 18.On February 23,1988 the City Council considered the Municipal Tract #12 Preliminary Plat. 19.The City Attorney adised the Council that it was inappropriate for the city to require a convenant on itself. 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 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 the Municipal Tract #12 Preliminary Plat 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 Municipal Tract #12 Preliminary Plat is approved with the stipulation that the City Engineer's comments be addressed and the variances be granted. Dated:February 26,1 CITY OF MOSES LAKE