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1988 05 10CITY COUNCIL CITY OF MOSES LAKE May 10,1988 Members Present:Wayne Rimple,Roger Biallas,Bill Frederickson,Norman John son,David Chandler,and Charles Edwards Absent:Bill Reese MINUTES Mr.Edwards moved that the minutes of the meeting of April 26 be approved as submitted,seconded by Mr.Chandler,and passed unanimously. APPROVAL OF BILLS AND WARRANTS ISSUED Action Taken:Mr.Chandler moved that the bills and warrants issued be ap proved,seconded by Mr.Edwards,and passed unanimously. 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 May 10,1988 for the funds listed below are approved in the amount of $152,458.65 for all funds. GENERAL FUND $16,541.21 STREET 2,412.70 CONVENTION CENTER 701.00 CAPITAL 64,180.00 WATER/SEWER FUND 7,693.59 WATER/SEWER CONSTRUCTION 252.66 SANITATION FUND 32,443.42 UNEMPL C0MP INS 6,542.98 CENTRAL SERVICES 6,631.61 BUILDING MAINTENANCE 1,949.00 EQUIPMENT RENTAL 13,110.48 TOTAL $153,058.65 The payroll issued on April 29,1988,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 32667 through 32807 in the amount of $141,798.67. The payroll issued on April 29,1988,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 32808 through 32833 in the amount of $6,795.09. The claims warrants 28314 through 28430 issued on April 27,1988 were approved for payment at the Council meeting held on May 10,1988 in the total amount of $120,576.69. I.CITIZEN INPUT - None PROCLAMATION The proclamation declaring the week of May 9-16,1988 as Worldwide Kiwanis //#<£ Prayer Week was read in its entirety. II.CONSENT AGENDA Resolution -Accept Easements -Penn Plaza #3 Short Plat:A resolution was /&/£ presented which accepts utility easements from Henrietta Penhallurick,Inc. for the Penn Plaza #3 Short Plat. Resolution -Accept Right-of-Way -Penn Plaza #3 Short Plat:A resolution was /oVO presented which accepts a right-of-way on Stratford Road from Henrietta Pen hallurick,Inc.for the Penn Plaza #3 Short Plat. Resolution -Surplus Property:A resolution was presented which declares /D/'/ property surplus and sets June 11 as the date for a public auction. It CITY COUNCIL MINUTES:2 May 10,1988 Action Taken:Mr.Johnson moved that the Consent Agenda be approved,seconded by Mr.Chandler,and passed unanimously. III.CONSIDERATION OF BIDS LAKESIDE FORCE MAIN City staff recommended that the bid for the Lakeside Sewer Force Main be awar ded to Del linger Construction from Tri-Cities in the amount of $228,208.15. This includes Alternate A for re-sodding parts of McCosh Park. Action Taken:Mr.Johnson moved that the bid be awarded to Dellinger Con- struction,with the inclusion of Alternate A,seconded by Mr.Chandler,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION -MOSES LAKE LIBRARY BOARD n11 Earl Thorp,Chairman of the Moses Lake Library Board,gave a report to the Council on the activities of the Library Board. Skip Munson,Librarian,explained the increased services provided by the library. COMMUNICATION - GRANT COUNTY SENIORS - VAN/BUS TRANSPORTATION a(p|R.N.Eash,Executive Director of Grant County Seniors,is requesting the city I'grant them a permit to provide van/bus group transportation to residents of Moses Lake and within a 3 mile perimeter of the city limits. Ray Flagg,owner of Moses Lake Cab,distributed some information about the cab company and informed the Council that his business serves the needs of the community.He explained the various services provided by Moses Lake Cab Co. including group transportation.r- Tom Meany,Transportation Supervisor for Grant County Seniors,stated that they provide senior and handicapped transportation in Grant,Adams,and Lin coln counties.He stated that they have been approached by several entities concerning providing specialized local transportation for groups only.The groups would be picked up at specific place and be dropped off at a specific place.He stated that there is no economical service available for these type of transportation needs.He pointed out that this service is allowable since they would only recover the cost of the service and would not be making a profit.He pointed out that any grants or funds received for senior and hand-^ icapped transportation would not be used for this transportation.ryj Mr.Frederickson did not believe a tax supported organization should compete C with private enterprise.-^ GJMr.Meany stated that Grant County Seniors has never received any funds from q-i any entity that the Moses Lake Cab Company could not also compete for. Mr.Chandler also stated that he is opposed to allowing a subsidized operation to compete with a privately owned one. Action Taken:Mr.Biallas moved that the request from the Grant County Seniors to provide van/bus group transportation to residents of Moses Lake and within a 3 mile perimeter be denied,seconded by Mr.Johnson,and passed r- unanimously. |0^ COMMUNICATION -LIONS CLUB -FIREWORKS DISPLAY Ron Jones,President of the Moses Lake Lions,informed the Council that the 1987 fireworks sale was $2,000 short of their budgeted $4,200 for the 1988 fireworks display.The Lions Club has suggested discontinuing the financing of the fireworks display for 1989 by the sale of fireworks and would seek funding to provide the annual show.He stated that the Lions Club has no other projects which would raise funds to finance the fireworks show.The Lions Club is proposing to discontinue selling fireworks due to the fires and injury caused by safe and sane fireworks.The Lions Club would be glad to CITY COUNCIL MINUTES:3 May 10,1988 organize,provide insurance,and produce the fireworks show if the city de cides to finance the display.The Lions Club is requesting the city con tribute $2,400 for the 1988 fireworks display. Action Taken:Mr.Frederickson moved that the city contribute $2,000 to the Lions Club for the fireworks display and a committee be appointed from the Council and citizens to study the fireworks issue,seconded by Mr.Biallas, and passed unanimously. COMMUNICATION -SEWER HOOKUP -ALLEN The city has requested Vinetta Allen to hook to city sewer within six months //C?(s from March 1,1988.Mrs.Allen is requesting that she be allowed to delay hooking up to city sewer until after her house sells due to financial problems. Joseph K.Gavinski,City Manager,stated that the Allen's live within 200'of a sewer main and it costs less than $1,500 to hook up.There is no provision in the ordinance providing for delay of sewer hook up due to financial hardship. After considerable discussion the Council directed staff to enforce the ordinance. COMMUNICATION - PIONEER ENTERPRISES,INC. Pat Fale,President of the Pioneer Enterprises,informed the Council of his proposed development near the intersection of Kittleson Road and Highway 17 which is primarily to attract tourism to the city. Mr.Fale stated that he is proposing a tourist attraction,truck and travel stop and showed a drawing of the proposed project.The project will include a motel in the shape of a semi-truck.It will be 230'in length,40'wide,and 48'high and will include a restaurant,mini stage area,wine tasting room, 25'aquarium,lounge,conference room area,hunting shop,chapel,gift shop, RV park,indoor wildlife refuge area,etc.He stated that when the truck stop is built,it will be featured in the media and this will result in exposure for the city.He stated that teams from Holland,Brazil,and Australia are planning to do documentaries on the area. Council was in favor of the concept of the project. MANUFACTURED HOME PARK ORDINANCE -PUBLIC HEARING - 2ND READING The City of Moses Lake is proposing the adoption of a new manufactured home park ordinance.The purpose of the new ordinance is to provide a means for the establishment and operation of manufactured home parks within the city;to ensure a suitable living environment for owners of manufactured homes located within manufactured home parks;and,to establish standards to promote the health,safety,and general welfare. The public hearing was opened.There were no comments. Mr.Johnson moved that the public hearing be closed,seconded by Mr.Chandler, and passed unanimously. Action Taken:Mr.Edwards moved that the second reading of the ordinance be adopted,and the summary be approved for publication,seconded by Mr.Chan dler,and passed unanimously. V.ORDINANCES AND RESOLUTIONS ORDINANCE - AMEND BUDGET 1ST READING An ordinance was presented which would amends the 1988 budget./O/O The ordinance amending the 1988 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.Johnson,and passed unanimously. im /OS 7)D9> CITY COUNCIL MINUTES:4 May 10,1988 ORDINANCE -AMEND PARKING REGULATIONS -ONE READING An ordinance was presented which would extend a two hour parking limitation on Alder Street between Fourth and Fifth and on Balsam Street from Broadway to Third. Action Taken: Mr.Frederickson moved that the ordinance be declared an emer- gency and passed on its first reading,and the summary be approved for publication,seconded by Mr.Johnson,and passed unanimously. ORDINANCE -CARGO CONTAINERS -1ST READING A£)3 I An ordinance was presented which would regulate the placement of containers formerly used for transporting sea-going cargo containers,railroad cars and cabooses,semi-trailers when intended to be used as storage facilities,or any other unit which slides off a chassis or frame when intended to be used as a storage facility.Also presented were ordinances amending the various zoning classification to deal with the containers. \l(^The ordinance creating Chapter 9.16 of the Moses Lake Municipal Code entitled »"Prohibiting or Restricting the use of Cargo Containers and the Like"was read by title only. Action Taken:Mr.Biallas moved that the first reading of the ordinance be adopted,and the penalty be set at C-7,seconded by Mr.Johnson,and passed unanimously. The ordinance amending Chapter 18.14 of the Moses Lake Municipal Code entitled "RR,Rural Residential Zone"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. The ordinance amending Chapter 18.16 of the Moses Lake Municipal Code entitled "R-l,Single Family Residential Zone"was read by title only.r- Action Taken:Mr.Chandler moved that the first reading of the ordinance be adopted,seconded by Mr.Johnson,and passed unanimously. The ordinance amending Chapter 18.19 of the Moses Lake Municipal Code entitled "R-2,Single Family and Two Family Residential Zone"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. The ordinance amending Chapter 18.22 of the Moses Lake Municipal Code entitled q-j "R-3,Multi-Family Residential Zone"was read by title only.jr Action Taken:Mr.Chandler moved that the first reading of the ordinance be -^ adopted,seconded by Mr.Johnson,and passed unanimously.(jj ^K^ The ordinance amending Chapter 18.28 of the Moses Lake Municipal Code entitled "C-l,Central Business District Zone"was read by title only. Action Taken:Mr.Chandler moved that the first reading of the ordinance be adopted,seconded by Mr.Johnson,and passed unanimously. The ordinance amending Chapter 18.32 of the Moses Lake Municipal Code entitled "C-2,General Commercial and Business Zone"was read by title only. Action Taken:Mr.Chandler moved that the first reading of the ordinance be adopted,seconded by Mr.Biallas,and passed unanimously. RESOLUTION -SIDEWALK REPAIR )t)I A resolution was presented which would require the property owner of 1103 and 1107 Baker Street to reconstruct the sidewalk which is in a substandard condi tion and is unfit and unsafe for public travel. The resolution directing reconstruction of sidewalk abutting property commonly described as 1103 and 1107 Baker Street was read by title only. en J/Z.6 7 CITY COUNCIL MINUTES:5 May 10,1988 Action Taken:Mr.Biallas moved that the resolution be adopted,and a public hearing be set for June 14,seconded by Mr.Johnson,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS - None VII.REFERRALS FROM COMMISSIONS MONTLAKE PARK PRELIMINARY PLAT The city is proposing to plat municipal land consisting of 40.9 acres,the //c3 0? site of the existing Montiake Park.The area of the park is zoned Public and consists of approximately 8.8 acres of upland area.Approximately 6 acres of the park is improved with grass,trees,landscaping,recreational equipment, parking area,boat dock,and launch.The unimproved portion of the park will be improved as needed and as budget permits.Access to the park is through a 60'wide public crossing easement from the railroad.The easement is improved and intersects with Linden Drive.The park is presently served with city water and septic tank.Approximately 32 acres of the proposed plat consists of lake bed owned by the city and which was dry land in private ownership prior to the raising of Moses Lake in 1929/30.The city is requesting permis sion to continue to serve the plat with septic tanks until the park is con nected to city sanitary sewer.A variance of the subdivision regulations requiring that sanitary sewer main be extended to and through the plat is being requested.A variance of the subdivision regulations requiring that a plat front upon a public street is also being requested. The Planning Commission has recommended to the Council that the Montiake Park Preliminary Plat be approved and that the variances for extension of sewer main and public street frontage be granted. Mr.Frederickson did not feel the city should plat land underneath the lake. Action Taken: Mr.Johnson moved that the variances for extension of sewer main and public street be granted and the Montiake Park Preliminary Plat be approved along with the Findings of Fact,seconded by Mr.Biallas,and passed unanimously. MUNICIPAL TRACT NO. 12 FINAL PLAT The City of Moses Lake has submitted a final plat for a two lot,163 acre plat //JO which is the site of the Municipal Airport.Lot 1 is 95 acres and Lot 2 is 67 acres.Lot 1 is zoned Agriculture and is presently leased for agricultural uses.Lot 2 is zoned Light Industrial and is the site of the Municipal Air port.Lot 1 is served with city well and septic tanks.Access to the pro posed plat is via improved county roads L NE and 4 NE.Plat boundaries will be to the center line of the roads.Thirty feet of right-of-way will be dedi cated to the public on the north and east sides of the plat for road purposes. The Council approved the request to continue to serve the plat with septic tanks.The Council also approved variances to the city subdivision regula tions to allow the land to be platted without the requirement to extend city sanitary sewer and water mains to and through the plat and to be platted with out the requirement to improve roads to city standards.The Planning Commis sion recommended to the Council that the Municipal Tract 12 Final Plat be found to be in compliance with the preliminary plat approval with the stipula tion that a covenant run with the land,for appearances sake,for the future development and extension of city water and sewer mains at such time as the city requires. Action Taken:Mr.Chandler moved that the recommendation of the Planning Com mission be approved,and the Findings of Fact be adopted,seconded by Mr. Johnson,and passed unanimously. LAKESHORE ESTATES PLAT ALTERATION Leon and Edith Hussey of Spokane have submitted a petition requesting the al teration of that portion of the Lakeshore Estates Plat containing Lots 28 and 29.They are requesting that the plat be altered to eliminate the existing boundary line between the two lots.This would consolidate the two existing lots into one larger lot of record.The Planning Commission recommended to Council that the plat alteration be approved. ;/^<> :nbP .Ai<*»° \f C )$'? */2jtf CITY COUNCIL MINUTES:6 May 10,1988 Action Taken:Mr.Johnson moved that the plat alteration be approved,secon ded by Mr.Chandler,and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION WATER SERVICE -PUGH Scott Pugh is requesting permission to extend a city water service lien from Nelson Road north to his property located less than 1/2 mile from the city limits.Mr.Pugh is agreeable to annexation when the city limits are adjacent to his property.In accordance with city policy,property within 1/2 a mile of the city limits must annex to the city before connecting to city water. After some discussion it was the consensus of the Council that Mr.Pugh be required to annex to the city before receiving city water service. IX.COUNCIL QUESTIONS AND COMMENTS - None X.CITY MANAGER REPORTS AND COMMENTS AMPHITHEATER PROJECT Joseph K.Gavinski,City Manager,informed the Council of the architectural firm chosen for the amphitheater project in McCosh Park. SALES TAX REPORT Joseph K.Gavinski,City Manager,distributed a report on the sales tax from 1979 through January-February 1988. STADIUM TAX RECEIPTS Joseph K.Gavinski,City Manager,distributed a report on stadium tax receipts from 1985 though April 1988. The regular meeting was adjourned at 11:10 ATTEST City Clerk n 3> CD C 0) 01 y2of-/ BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF THE MONTLAKE PARK ) PRELIMINARY PLAT )FINDINGS OF FACT,CONCLUSIONS, )AND DECISION This matter,having come on before the Moses Lake City Council for action on May 10,1988,now makes the following: FINDINGS OF FACT 1.The City of Moses Lake has submitted the Montlake Park Preliminary Plat for approval. 2.The property is situated in Grant County and is legally described as follows: A portion of the north 1/2 of the SE 1/4 of Section 27,Township 19 North,Range 28 EWM,Grant County,Washington,lying westerly of the Chicago,Milwaukee and Pacific Railway Company right-of-way,containing 40.9 acres. 3.The plat is for a 40.9 acre,one lot subdivision.The area is zoned Public and is served with with city water and septic tank. 4.The area of the park consists of approximately 8.8 acres of upland area. Approximately 6 acres of the park is improved with grass,trees,land scaping,recreational equipment,parking area,boat dock,and launch. The unimproved portion of the park will be improved as needed. 5.Access to the park is through a 60'wide public crossing easement from the railroad.The easement is improved and intersects with Linden Drive. 6.Approximately 32 acres of the proposed plat consists of lake bed owned by the city and which was dry land in private ownership prior to the raising of Moses Lake in 1929/30. 7.The city is requesting permission to continue to serve the plat with sep tic tanks until the park is connected to city sanitary sewer.Variances of the subdivision regulations requiring that sanitary sewer main be ex tended to and through the plat and that the plat front on a public street are being requested. 8.At their meeting on January 14,1988 the Planning Commission declared this project to have a non-significant adverse impact on the environment. 9.At their meeting on January 28,1988 the Planning Commission tabled con sideration of the plat as the Department of Natural Resources was con cerned about the city platting a portion of the lake bed.Joseph K. Gavinski,City Manager,stated that the city owns the property under the lake that is proposed to be platted and has a plat certificate from a title company to that effect but that the Department of Natural Resources wishes to examine the deed and title insurance. 10.On March 24,1988 Joseph K.Gavinski,City Manager,informed the Commis sion that information had been sent to the Department of Natural Resour ces in late January.No response has been received from them. 11.Mr.Gavinski stated that he had called the Department of Natural Resour ces in early March concerning their problem with the plat and was in formed that nothing had been done.The DNR mentioned they would look over the material forwarded to them and get back to the city. 12.Mr.Gavinski stated that nothing has been received from the DNR and recommended that the Commission take action on the plat. 13.A public hearing scheduled upon notice before the Planning Commission on the issue of platting the land in question was held on April 14,1988. YZOf-^ 14.There were no comments from the audience at the public hearing.No writ ten protests by any person were filed with the city prior to or during the public hearing. 15.Mrs.Kvamme raised the question of platting the lake bed,which the state seems to oppose. 16.There was some discussion by the Commission and it was pointed out that the land being platted,even that under the lake,is owned by the city. 17.The Planning Commission recommended to the City Council that the Montlake Park Preliminary Plat be approved,the variances for extension of sewer main and public street frontage be granted,and that permission be gran ted to continue to service the plat with septic tanks until the park is connected to sanitary sewer. 18.On April 26,1988 the City Council set May 10,1988 as the date to con sider this preliminary plat. 19.On May 10,1988 the City Council considered the Montlake Park Preliminary Plat. 20.Mr.Frederickson did not feel the city should plat land underneath the lake. 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 Montlake Park Preliminary Plat some 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 Montlake Park Preliminary Plat is approved as recommended by the Moses Lake Planning Commission Dated:May 17,1988 CITY OF MOSES LAKE CD 0) CJ1 4 2.Of~3 BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ) IN THE MATTER OF THE MUNICIPAL ) TRACT #12 FINAL PLAT )FINDINGS OF FACT,CONCLUSIONS, )AND DECISION This matter,having come on before the Moses Lake City Council for action on May 10,1988,now makes the following: FINDINGS OF FACT 1.The Findings of Fact,Conclusions,and Decision on the Municipal Tract #12 Preliminary Plat are incorporated by reference herein. 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, Grant County,Washington,containing 163 acres,more or less,according to the United States Government Survey. 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.Mrs.Kvamme wanted to know why the city could not covenant or bond for the extension of water and sewer mains through the plat when it becomes necessary. 8.Joseph K.Gavinski,City Manager,stated that it was the City Attorney's opinion that it is a useless act for the city to place a covenant against itself. 9.Mrs.Kvamme felt that the city was being granted variances and exceptions that would not be allowed a private developer.She stated that developers are required to covenant for the extension of water and sewer lines when land is platted but that the city is not being required to do that with this plat.She felt that at some time in the future the Sky line Acres area may want to connect to city water or sewer and there would be no provision for the extension of the lines if the city does not have a covenant with this plat. 10.Mr.Bailey pointed out that when and if sewer and water lines are extend ed to the Skyline Acres area the city would have to participate in a pos sible LID or pay a hook up fee.He did not feel a covenant was necessary. 11.The Planning Commission recommended to the City Council that the plat be found to be in compliance with preliminary plat approval but that a cove nant be required,for appearances sake,for the future development and extension of city water and sewer mains at such time as the city requires. Y*6t-y 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 Final 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 Final Plat is approved as recommended by the Planning Commission. Dated:May 17,1988 CITY OF MOSES LAKE CD C GO en