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1988 09 27k i 4249 CITY COUNCIL CITY OF MOSES LAKE September 27,1988 Members Present:Wayne Rimple,Roger Biallas,Norm Johnson,Bill Reese, Charles Edwards,David Chandler,and Bill Frederickson MINUTES Mr.Edwards moved that the minutes of the meeting of September 13 be approved as submitted,seconded by Mr.Chandler,and passed unanimously. APPROVAL OF BILLS AND WARRANTS ISSUED Joseph K.Gavinski,City Manager,requested the Council delete the warrants for Pete Casassa in the amount of $10,036.95 and Barbara Congdon in the amount of $1,350.50.These warrants are for the purchase of easements in the Block Grant area.If the project is defeated,the easements will not be necessary. Action Taken:Mr.Chandler moved that the bills and warrants issued be ap proved with the exception of those warrants to Pete Casasa and Barbara Cong don,seconded by Mr.Edwards,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply and Faber In dustrial 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 September 27,1988 for the funds listed below are approved in the amount of $241,458.67 for all funds. GENERAL FUND $9,257.49 STREET 7,192.35 STREET REPR/REC0N 96,092.17 STREET IMPROVEMENT 49,889.64 WATER/SEWER FUND 26,806.11 WATER/SEWER CONSTRUCTION 14,717.94 SANITATION FUND 28,271.47 CENTRAL SERVICES 6,030.04 BUILDING MAINTENANCE 74.10 EQUIPMENT RENTAL 3,127.36 TOTAL $241,458.67 The payroll issued on September 16,1988,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 34408 through 34552 in the amount of $123,066.14. The claims warrants 29480 through 29616 issued on September 14,1988 were ap proved for payment at the Council meeting held on September 27,1988 in the total amount of $168,034.89. PROCLAMATIONS The proclamation declaring September 28,1988 as Nurse Appreciation Day was //33 read in its entirety. I.CITIZEN INPUT -None II.CONSENT AGENDA Shoreline Master Plan Biennial Review - Set Date for Public Hearing At the Planning Commission's review of the Shoreline Master Plan no changes ^^ were proposed.A public hearing before the Council can be set for October 11. Mr.Frederickson suggested that the removal of trees along the lake shore be looked at during the public hearing. iQO o 4250 CITY COUNCIL MINUTES:2 September 27,1988 Action Taken:Mr.Chandler moved that the Consent Agenda be approved,secon ded by Mr.Johnson,and passed unanimously. III.CONSIDERATION OF BIDS -None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION -SAMMONS COMMUNICATIONS Sammons Communications has requested time before the Council to discuss an upcoming rate increase. Dawn Hill,Administrator of Sammons,stated that there will be a $1 increase in the rates beginning October 1.These rates will still be the lowest in the area. A ORDINANCE -COBAIN SIDEWALK LID ASSESSMENT ROLL -CONTINUED PUBLIC HEARING -j/S</\1ST READING The assessment roll was presented for the sidewalk improvements adjacent to 1103 and 1107 Baker Street.The cost is spread over a 10 year period.The new owners of the property have been notified of the assessment and the public hearing. The ordinance providing for the assessment of property for sidewalk improve ments and establishing the terms of payment was read by title only. The public hearing was continued. Mr.Lane,who has purchased the property,stated that he did not understand the assessment for the sidewalk. Joseph K.Gavinski,City Manager,stated that the sidewalk needed to be re placed but the Cobains said they could not pay for it.They agreed to have the city repair the sidewalk during the street repair project and pay the cost over a 10 year period. Mr.Lane requested that the first payment be set back to January as they have encountered considerable cost in purchasing this property. Mr.Johnson moved that the public hearing be closed,seconded by Mr. Frederickson,and passed unanimously. Action Taken: Mr.Frederickson moved that the final assessment roll be ac cepted,the first payment be due by January 15,1989,and the first reading of the ordinance be adopted,seconded by Mr.Johnson,and passed unanimously.00 c .ULID 4 PRELIMINARY ASSESSMENT ROLL -PUBLIC HEARING CO )?lflJ COThepreliminaryassessmentrollforULID4waspresented.^i Phil Bloom,City Engineer,stated that the Basin Homes Block Grant Program began about 1983 with a meeting of the property owners.Each year of the pro gram the federal government cut back on funds for the program and it became more difficult to be funded.He mentioned that to gain points for a project, the funds have to be shown to benefit low/moderate income families and address a health hazard.The city's project was finally funded in 1988 and LID peti tions were circulated in the Basin Homes area,with 122 people signing the r petitions.The project is such that low/moderate income families would bene fit 100%by Block Grant funds.Families who do not meet low/moderate income criteria would have to pay half the sewer main costs with the city participat ing by paying the other half.The project would require that everyone hook up to the sewer in order to eliminate the health hazard. Joseph K.Gavinski,City Manager,stated that applications for a Block Grant are competitive.Each year the city has changed the application to try to qualify for Block Grant funds.If changes are made in how things are done in the block grant area,it may mean that the city would not receive the Block Grant.He pointed out that the LID process includes all property owners in the Basin Homes area as the city has no way of knowing at this time who is u 4251 CITY COUNCIL MINUTES:3 September 27,1988 low/moderate income.He explained the LID process and mentioned that a 60% protest of the LID,by assessed valuation,would keep the LID from progressing. M.G.McLanahan,Asst.Director for Special Projects,stated that the city has received protests of 15%,which means that,at this time,85%are in favor. The public hearing was opened. Ken Payne,1007 Bruce,wanted to know if the people who signed the petition were property owners.He did not feel it was right that the people who would be getting the improvements paid for should be able to force the project on the people who have to pay for the improvements.If the project is not done at this time,will the city be back in the future and require the residents to put it in totally on their own.If that is the case,it would be better to do the project now when state funds are available to help finance it. Adelina Godinez,1213 Steven Lane,stated that she is favor of the project as the increase in property value will be worth it.She has already had problems with her septic tank. Bruce Curtis,1540 Daniel,stated that a number of people in the Basin Homes are involved in different activities and businesses in the city.He felt that the city was trying to do something for the Basin Homes area but the project cost has increased and the improvements have decreased.He stated that they had requested a written guarantee from the city that if the sewer LID was ap proved the city would put in the streets and sidewalks.The city would not provide a written guarantee but did verbally say that the streets would be constructed.He suggested that people who are not low/moderate income still receive the improvements free but the other people be only required to pay $2,000 and the city pick up the rest of the cost.He pointed out that the city would be receiving $16 per month from each house in Basin Homes and the cost would be recovered in about 5 years. Joan Hogan,1522 Buell Drive,wanted to know how the city could make an esti mate if it is not known what will be done and where. Johnathan McKinley,1013 Bruce,stated that he would like to change his vote as he is now in favor of this project because there is a health hazard out there. Doug Bagdon,1008 Bruce,stated that he is opposed to the project.He felt that 90%of the people who would have to pay for it do not want it.He did not feel that those who are getting it free should be allowed a say in whether or not the project is put in.The area is not a high income area and many people who are not low/moderate income still will not be able to pay. Bob Mortenson,1406 Buell,stated that he is opposed to the project and the way it was handled.He stated that he cannot afford the cost. Larry Ottmar,1023 Kristine,stated that he started the petition against the project mainly because of the cost. Christine Campbell,1312 Buell,stated that she is renting out the property and if the project goes through she will have to raise the rent. Gary Mann,owns a rental on Daniel Street,had some questions about whether or not street improvements would be placed over the existing water system,which is in need of repair or replacement. Lola Brown,1536 Daniel,stated that she is opposed to it. LaVern Freeman,stated that they own two lots in the area that they are trying to sell and they are opposed to the project. The city has received 25 written protests,two of which were rescinded,and one letter in favor. A petition in opposition was presented with approximately 60 names. 4252 CITY COUNCIL MINUTES:4 September 27,1 Mr.Gavinski pointed out that if the project is not approved,the Block Grant funds will be returned to the state.He stated that the city has been con tacted by Mr.Throop about purchasing the water system in the Basin Homes area.If the city were to buy the system,the city would use its own funds and not assess the property owners.Work would have to be done on the system to bring it up to standard and there may not be funds available to do that. He stated that by law the city is required to use the property owners as list ed by Grant County.He pointed out that a significant portion of the assess ment is for the lateral from the main to the house.The city's cost in the — project is approximately $801,000 and a number of other projects in the water/ sewer fund had to be eliminated in order to come up with these funds.The costs would be approximately $801,000 from the city,$450,000 in Block Grant funds,and $325,000 in assessments.If the sewer system is put in,the city would be investing about $1,000,000 in the streets in that area in the next several years.He pointed out that the policy of the Council is not to con struct streets until utilities are in place. Mr.Bloom stated that the city does not know who is low/moderate income at this time so assessments were sent out to everyone.The LID costs were broken down in the assessments into four categories.That last cost was 10%of the cost for the interceptor line from the Basin Homes area to the city's system and the remodeling of a pump station.The second cost is the collection sys tem which is the sewer system within the Basin Homes area.The assessment is 50%of that cost as the city is funding half of the project.The third cost is for the service stub from the main to the right-of-way.This one varies depending on whether the service is in a paved street,gravel street,alley, or easement.The owners in the area were contacted to try to find out where the service came out of the house,how deep they wanted the service,etc. Some property owners wished the service deep enough to service the basements. That is the reason the cost varies but the average is about $650.The first cost is for the right-of-way to the house and it includes digging the trench, putting in the line,and returning the grounds to the original condition. This is the largest cost as it could include replacing patios,retaining walls,fences,landscaping,etc.on the property.— Mr.Johnson wanted to know if the assessment could be over a 20 year period. Walter Fry,Finance Director,stated that the interest would increase con siderably on the bonds and it would be more difficult to sell them. Mr.Frederickson pointed out that the LID assessment is a lien against the property.He also objected to the people who are having the cost paid by the Block Grant forcing the other property owners to participate in the LID. Mr.Chandler felt that the Health Department will look at Basin Homes even-r-p tually and require the area to hook to city sewer to alleviate the possible ™ health problems.At that time there would be no Block Grant funds to aid in C_ constructing a sewer system.CO CDMr.Johnson moved that the public hearing be closed,seconded by Mr.Chandler,• and passed unanimously. Action Taken:Mr.Biallas moved that the ordinance ordering the ULID 4 be brought back to the Council,seconded by Mr.Johnson,and passed with Mr. Frederickson opposed. V.ORDINANCES AND RESOLUTIONS ORDINANCE - SET 1989 TAX LEVY - 2ND READING I An ordinance was presented which fixes the estimated amount to be received for municipal purposes from taxations on assessed valuations for 1989. The ordinance fixing the estimated amount to be received for municipal pur poses from taxations on assessed valuations on property within the City of Moses Lake,Washington for 1989 was read by title only. Action Taken:Mr.Johnson moved that the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. 4253 CITY COUNCIL MINUTES:5 September 27,1988 ORDINANCE - AMEND CHAPTER 18.48 - PUBLIC ZONE - 2ND READING An ordinance was presented which would prohibit,in the Public Zone,the placement of containers formerly used for transporting sea-going cargo,rail road 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 intend ed to be used as storage facilities. The ordinance amending Chapter 18.48 of the Moses Lake Municipal Code entitled "P,Public Zone"was read by title only. \j Action Taken:Mr.Edwards moved that the second reading of the ordinance be adopted,and the summary be approved,seconded by Mr.Chandler,and passed unanimously. ORDINANCE -ORDERING LID 56 - 1ST READING An ordinance was presented which establishes LID 56 encompassing street im provements on 7th Avenue from Balsam to Chestnut. The ordinance ordering the improvement of Seventh Avenue by grading,gravel ing,constructing,and installing curbs,sidewalks,sewer side laterals,water services,asphalt concrete pavement,and storm drainage in accordance with Resolution 1403 of the City Council of the City of Moses Lake,Washington es tablishing Local Improvement District No.56;providing the method of assess ment in said district;assessments upon property in said district payable by mode of "payment by bonds";and providing for the issuance for sale of local improvement district warrants redeemable in cash and local improvement dis trict bonds was read by title only. Dave Penfield,owner of the trailer court,stated that he is opposed to the LID.He is interested in aesthetics and dust control and felt that paving one block of a street is an exercise in futility.The other streets in the area will remain unpaved. Mr.Fix,owner of the Moses Lake Terrace Short Plat,has sent a letter to the city in support of the LID. Action Taken:Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Biallas,and passed with Mr.Frederickson opposed. ORDINANCE -ORDERING ULID 3 - 1ST READING An ordinance was presented which establishes ULID 3 encompassing improvements /^^ on Laguna Drive and Lakeside Drive. The ordinance ordering the improvement of Laguna Drive by constructing and installing a sanitary sewer system and appurtenances which connects to exist ing sanitary sewer at Laguna Drive and Sage Road,a lift station and appur tenances,force main,and sewer side laterals;and to improve Lakeside Drive at Lots 12 and 13,Kolar Key Addition by constructing and installing a sani tary sewer system and appurtenances which connects to existing sanitary sewer in Lakeside Drive adjacent to Lots 12 and 13,Kolar Key Addition in accordance with Resolution 1404 of the City of Moses Lake,Washington;establishing Utility Local Improvement District No.3;providing the method of assessment for improvements made in said district;and providing for payment of such as sessments into a bond fund to pay and secure the payment of water and sewer bonds issued for the costs of the improvements 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. ORDINANCE -CONFIRMING LID 55 ASSESSMENT ROLL - 1ST READING An ordinance was presented which approves and confirms the assessment roll for LID 55.This LID involved improvements to Clover Drive from Evergreen to Nel son Road. The ordinance approving and confirming the assessments and assessment roll of Local Improvement District No.55 which has been created and established for the purpose of paying a part of the cost of improving Clover Drive from /OS'/ j<?</y /23tr 4254 CITY COUNCIL MINUTES:6 September 27,1988 Evergreen to Nelson Road by grading,graveling,constructing curb with gut ters,concrete sidewalks on one side,water services,asphalt concrete pave ment,sewer lateral,fire hydrants,signs,and storm drainage in the City of Moses Lake as provided by Ordinance No.1265,and levying and assessing the amount thereof against the several lots,tracts,parcels of land and other property shown on said roll 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. ORDINANCE -FREEMAN ZONE CHANGE - 1ST READING Charles and LaVerne Freeman have requested a zone change of 1.9 acres of land described as Lots 1 and 2 of Ball Addition from R-2 to R-3 for the purpose of operating a commercial day care center.The Planning Commission recommended to the Council that the zone change request be denied as it was felt that the day care facility could be allowed in the R-2 Zone as a conditional use. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. Rita Perstac,Municipal Services Director,stated that the Planning Commission felt that a day care may be allowed in an R-2 Zone outside a family abode by using the clause in the ordinance which refers to similar uses in a zone. Joseph K.Gavinski,City Manager,stated that when it specifically states in the ordinance how day care is to operate in a specific zone,the catch all clause cannot be used to make it fit.It specifically states that day care centers of more than 20 children are not allowed in R-2 zones.They are re stricted to R-3 and commercial zones. Mr.Biallas stated that he felt the City Manager was correct and it can not be allowed in the R-2 Zone. Mr.Frederickson pointed out that the residents are not opposed to the day care facility,just the zone change.It is a unique area and is ideal for day care since the clinic is in the area.Perhaps contract zoning could be used instead of the conditional use process to allow the day care. Action Taken:Mr.Reese moved that the first reading of the ordinance be de nied,the Findings of Fact be accepted,seconded by Mr.Biallas,and passed with Mr.Johnson,Mr.Frederickson,and Mr.Edwards opposed. \\RESOLUTION -BUILD ON UNPLATTED PROPERTY -MOSES LAKE SCHOOL DISTRICT 1010'* The Moses Lake School District has requested permission to construct a new press box on unplatted property located at Lions Field.The Planning Commis sion recommended to the Council that the request be granted.C CO The resolution allowing the Moses Lake School District to build on unplatted CD property was read by title only.^i Action Taken:Mr.Johnson moved that the resolution be adopted,seconded by Mr.Frederickson,and passed with Mr.Edwards opposed as he felt they should be required to plat. RESOLUTION -INTERFUND LOAN A resolution was presented which allows for an inter-fund loan from the General Fund to the Street Repair Fund. The resolution authorizing an inter-fund loan was read by title only. Action Taken:Mr.Biallas moved that the resolution be adopted,seconded by Mr.Chandler,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS -None VII.REFERRALS FROM COMMISSIONS - None - 03 4255 CITY COUNCIL MINUTES:7 September 27,1988 VIII. OTHER ITEMS FOR COUNCIL CONSIDERATION HOUSING PROGRAM Joseph K.Gavinski,City Manager,reported that he contacted the Housing Au thority and was told that they are not interested in the guaranteed rental program as the compensation is not enough to cover the cost of inspection and administration. Mr.Biallas pointed out that the fees that would be collected would not cover the cost of administration and it is not the type of program the city should be involved in. George Knauss,representing the Central Washington Rental Association,stated that his welfare tenants have expressed no interest in the program and he is dropping the matter at this time but would like to see a meeting held between the city,the County Commissioners,the Central Washington Rental Association, and the Housing Authority. Arnold Rhodes,Director of the Central Washington Rental Association,stated that he is not in favor of this program. There was some discussion and it was pointed out that the people overseeing the Grant County Housing Authority are appointed by the Grant County Commissioners. It was the consensus of the Council that a letter be sent from the Central Washington Rental Association to the City Council and the Grant County Commis sioners to discuss the problems in administering the Section 8 housing program by the Grant County Housing Authority. ACCEPT WORK - 1988 STREET OVERLAY PROGRAM The work on the 1988 street overlay program has been completed satisfactorily. Action Taken:Mr.Biallas moved that the work be accepted and the 30 day lien period entered into,seconded by Mr.Chandler,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS - None X.CITY MANAGER REPORTS AND COMMENTS ZONING BOARD OF ADJUSTMENT Joseph K.Gavinski,City Manager,stated that there is still a vacancy on the Zoning Board of Adjustment and requested anyone who is interested to contact him. RESIGNATION Joseph K.Gavinski,City Manager,announced that Rita Perstac,Municipal Ser vices Director,has taken a position with the City of Issaquah.Her last day will be October 7. The regular meeting was adjourned uJJIzj Finance Director /0*3 /o/? BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE REZONE REQUEST OF CHARLES AND LAVERN FREEMAN FINDINGS OF FACT,CONCLUSIONS, AND DECISION This matter,having come on before the Moses Lake City Council for action on September 27,1988 now makes the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. FINDINGS OF FACT Charles and LaVern Freeman own approximately 1.9.acres of land legally described as Lots 1 and 2 of Ball Addition. The property is presently zoned R-2,Single Family and Two Family Residential.The owners are requesting that it be changed to R-3,Multi- family Residential,for the purpose of operating a commercial day care center in the existing church building. The area is platted and served with city sanitary sewer and water.The surrounding streets are either improved or graveled. At their meeting on September 15,1988 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 September 15. Mr.Collier wanted to know if the 1.9 acres is necessary for the day care. LaVerne Freeman stated that the whole parcel would not be used but if expansion is needed in the future they would not have to come back before the Commission. Mrs.Kvamme wanted to know if the property could remain R-2 with a condi tional use for the day care. Larry Angell,Asst.Director for Community Development,stated that the ordinances do not allow a commercial day care center in the R-2 zone, only the R-3.Day care centers in an R-2 must be in a family abode. Telephone comments were received from Mable Lewellen,938 E.Hill,Elsie Harper,924 E.Hill,and two anonymous callers who were all opposed to the zone change. 11.Geraldine Warner,910 E.Hill,stated that she is opposed to the zone change but not the day care.She felt the R-3 would open the area up to other business that would be objectionable. 12.Vaughn Hiatt,907 Cherry,stated that he is opposed to the zone change as he would like to keep the commercial uses out of the area. 13.Carol DeWitt,1007 Evergreen,stated that she is opposed to the zone change but not the day care center. 14.Elsie Harper,924 E.Hill,stated that she is not against the day care but is opposed to the zone change. 15.Dr.Covey stated that he would not like to change the zone even though there is R-3 adjacent to this parcel of property.He would like to find a way to allow the day care in the R-2 zone. 16.Mrs.Kvamme stated that she is opposed to the zone change but the area is unique and an excellent area for a day care. 17.Mr.Pedersen pointed out that if this area were changed to R-3 it would make it easier for the adjoining parcel to be changed to R-3. 18.The Commission discussed the possibility of allowing the day care center in the R-2 zone. 19.Larry Angell,Asst.Director for Community Development,stated that the only way to allow a commercial day care center in an R-2 zone outside a family abode is to change the ordinance. 20.The Commission felt that a commercial day care center could be allowed in the R-2 zone as a use similar to permitted uses and recommended that the Freemans request a conditional use permit. 21.The Planning Commission recommended to the City Council that the zone change request be denied as they felt the day care facility could be al lowed in the R-2 zone as a conditional use permit. 22.At their meeting on September 27,the City Council considered the first reading of an ordinance granting the zone change. 23.Rita Perstac,Municipal Services Director,stated that the Planning Com mission felt that a day care may be allowed in an R-2 Zone outside a fam ily abode by using the clause in the ordinance which refers to similar uses in a zone. 24.Joseph K.Gavinski,City Manager,stated that when it specifically states in the ordinance how day care is to operate in a specific zone,the catch all clause cannot be used to make it fit.It specifically states that day care centers of more than 20 children are not allowed in R-2 zones. They are restricted to R-3 and commercial zones. 25.Mr.Biallas stated that he felt the City Manager was correct and it can not be allowed in the R-2 Zone. 26.Mr.Frederickson pointed out that the residents are not opposed to the day care facility,just the zone change.It is a unique area and is ideal for day care since the clinic is in the area.Perhaps contract zoning could be used instead of the conditional use process to allow the r day care.| 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 meeting before the City Council on the issue of rezoning the land owned by Charles and LaVerne Freeman some op-^ position to rezoning the said land of approximately 1.9 acres from R-2,00 Single Family and Two Family Residential,to R-3,Multi-family (L Residential.jp^ 3.Since the City of Moses Lake is cognizant of the need to serve the wel-j~ fare and best interests of the entire community,the City Council of the Ul City of Moses Lake believes that rezoning the land owned by Charles and LaVerne Freeman from R-2,Single Family and Two Family Residential,to R-3,Multi-family Residential,would not serve the best interests of the residents of the City of Moses Lake and would not bear a substantial relationship to the public welfare of the entire community. DECISION 1.The zone change requested for the approximately 1.9 acres of land owned by Charles and LaVerne Freeman which is legally described in the herein Findings of Fact and which is presently zoned R-2,Single Family and Two Family Residential,is hereby denied. Dated:September 29,1988 CITY OF MOSES LAKE