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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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BEFORE THE CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
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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.
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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
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