2005 02 086193
MOSES LAKE CITY COUNCIL
February 8,2005
Council Present:Ron Covey,Richard Pearce,Dick Deane,Steve Shinn,Jon Lane,Brent Reese,
and Lee Blackwell
PLEDGE OF ALLEGIANCE: Mayor Covey led the Council in the Pledge of Allegiance.
MINUTES:Mr.Pearce moved that the minutes of the January 11,2005 meeting be approved as
submitted,seconded by Mr.Lane,and passed unanimously.
I j Mr.Blackwell moved that the minutes of the January 18,2005 meeting be approved as submitted,^^^seconded by Mr.Lane,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved,
seconded by Mr.Peace,and passed with Mr.Shinn abstaining.
Vouchers audited and certified by the Finance Directoras 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 Council for approval.
As of February 8,2005 the Council does approve for payment vouchers in the amount of
$436,064.07 and prepaid claims of $36,122.73,$43,233.46,$4,349.07,$657,022.42,$28,121.29,
and $12,871.12.
PRESENTATIONS AND AWARDS
Public Works:Jim Whitmore,Wastewater Treatment Operator,received aGroup III Wastewater /O /M
Treatment Operator Certificate of Competencyand Terry Robertson,WastewaterTreatment Plant
Operator,received a Group II Wastewater Treatment Operator Certificate of Competency.
Chris Hare,Maintenance Worker II and Doug Wraspir,Street Maintenance Worker,were
introduced to the Council.
Police Department:Travis Johnson,Police Officer,was introduced to the Council.
CONSENT AGENDA
Resolution -Accept Easement -BBCC:A resolution was presented which accepts aneasement /0/-3
from Big Bend Community College for municipal and water line purposes.
Resolution -Abandon Easement -Sage Vista First Addition:A resolution was presented which /O/^
abandons an easement associated with the Sage Vista First Addition.
Resolution -Abandon Easement -BBCC:A resolution was presented which abandons an /0/3
easement located off of Boiling Street on the Big Bend Community College Campus.
Resolution -Accept Grant:Aresolution was presented which accepts a grant in the amount of JO 9<£?
$388.07 fromthe Association of Washington Cities forthe purchase of a treadmillforthe Wellnes
Program.
Action Taken:Mr.Blackwell moved that the Consent Agenda be approved,seconded by Mr.
Shinn,and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None
ORDINANCES AND RESOLUTIONS
ORDINANCE -NUISANCES -1st READING
u
i )An ordinance was presented which amends the nuisance regulations to include boarded up
^-^buildings.
There was some discussion bythe Council and staffwas directed to investigatethe issue ofdead
trees and vegetation.
The ordinance amending Chapter 8.14ofthe Moses Lake Municipal Code entitled "Nuisances"
was read by title only.
ActionTaken:Mr.Pearce moved thatthe first readingof the ordinance be adopted,seconded by
Mr.Blackwell, and passed unanimously.
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CITY COUNCIL MINUTES February 8, 2005
RESOLUTION -CENEX -BUILD ON UNPLATTED PROPERTY
A resolution was presented which allows Cenex,Inc. to install an 8,000 gallon storage tank for
motor oil behind the existing facility at 1015 E.Broadway Avenue.
The resolution allowing Cenex,Inc. to build on unplatted property was read by title only.
GilbertAlvarado,Community Development Director,pointed out that the resolution does not require
that the land be platted in the future and does not make provision for any future street or utility
improvements.
Jeff Hagemann,Energy Division Manager,Cenex,Inc.,stated that this tank is a temporary
measure as they plan to construct an EPA approved storage facility fortheir motor oil storage on
this property within the next three years.
Action Taken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Shinn,and
passed unanimously.
REQUEST TO CALL FOR BIDS
/Q/Jfl 2005 CRACK SEAL PROJECT
Staff requested authorization to call for bids for the 2005 CrackSeal Project.This projectincludes
sealing 261,000'of rubberized cracksealingand 1,500'of asphaltsealing for the widecracks.
Action Taken:Mr.Shinn moved that staff be authorized to call for bids,seconded by Mr.Deane,
and passed unanimously.
2005 SEWER LINING PROJECT
Staff requested authorization to call for bids for the 2005 Sewer Lining Project.This project
includes lining 20,000'of 8"and 10"concrete sewer pipeinthe Larson and Guffin-Eccles areas.
Action Taken:Mr.Pearce moved that staff be authorized to call for bids,seconded by Mr.
Blackwell,and passed unanimously.
REFERRALS FROM COMMISSIONS
CONSTRUCTION AGREEMENT -MUNICIPAL AIRPORT
The Moses Lake Airport Commission has recommended that the city use a Construction
Agreement for properties leased at the Moses Lake Municipal Airport.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the Construction Agreement be approved,seconded by Mr.
Reese,and passed with Mr.Shinn opposed.
OTHER ITEMS FOR COUNCIL CONSIDERATION
/QYi?RESOLUTION -ACCEPT DONATION -FARMER'S MARKET
A resolution was presented whichaccepts $500 from the Columbia Basin Farmer's Market and
Craft Bazaar.The funds are to be used towards the development of facilitiesand programs within
the Parks and Recreation Department.
The resolution accepting a cash donationof $500 from the Columbia Basin Farmer's Market and
Craft Bazaar,Inc.was read by title only.
Action Taken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Lane,and
passed unanimously.
/J'/>RESOLUTION -ACCEPT DONATION -SUMMER CONCERT SERIES
A resolution was presented which accepts donations from businesses and organization forthe
2004 Summer Concert Series.(^}
The resolution accepting contributions for the City of Moses Lake Centennial Theater Summer
Concert Series was read by title only.
SpencerGrigg,Parksand Recreation Director,stated thatthe citynowhas the longest running free
outdoor summer concert series in Eastern Washington.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Pearce,and
passed unanimously.
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CITY COUNCIL MINUTES February 8, 2005
RESOLUTION -ACCEPT DONATION -SPECIAL OLYMPICS PROGRAM
A resolution was presented which accepts donations from businesses,organizations,and
individuals for the Special Olympics Program.
The resolution accepting contributions forthe Parks and Recreation Special Olympics Programwas
read by title only.
Action Taken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Lane,and
passed unanimously.
RESOLUTION -LEASE/PURCHASE AGREEMENT
A resolution was presented which authorizes city staffto execute the necessarydocuments forthe
lease/purchase agreement with First Municipal Leasing Corporation at 3.23%.
The resolution authorizing the execution and delivery of a master equipment lease/purchase
agreement,and related instruments,and determining other matters in connection therewith was
read by title only.
Action Taken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Deane,and
passed with Mr.Shinn opposed to a lease/purchase agreement instead of using available city
funds.
THE LAKES MAJOR PLAT/CONDITIONAL USE PERMIT -FINDINGS OF FACT //^^
The Findings of Fact,Conclusions, and Decisionon the Council's decision on the appeal of the
Planning Commission's decision were presented forapproval.
Action Taken:Mr.Pearce moved that the Findings of Fact be approved,seconded by Mr.Reese,
and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
COUNTY DEVELOPMENT -DOVE HAVEN ACRES
^J Mr.Shinn stated that,at the elected officials meeting,he raised the question of the Grant County
Commissioners overturning the GrantCounty Planning Commission andapprovingthe DoveHaven
Acres development along Crab Creek.
Richard Stevens,Grant County Commissioners, stated that the Grant County Planning
Commission had 7 Findings of Factwhy itshould not be approved butthe GrantCounty Planning
Department felt itwas a good project ifthe conditions were met. He pointed outthatthe developer
will have to meet 20 conditions forthe development of the plat.The development is 125 acres in
size and consists of 25 lots.There are three existing homes on one side of the creek and the
others will be on the opposite side of the creek. There is also about 90 acres of open space
adjacent tothe creek.He mentioned thatsome area in the center ofthe development would be
left as open space and the farmed area was also considered as open space.
Joseph k.Gavinski,City Manager,stated that itis the city's understanding that "open space"
consists of morethan justvacant space; itwould involve some type of parkorgreen space, and
does not include farmed areas.
MUNICIPAL AIRPORT
Mr.Peace stated that the Council has adopted adevelopment plan for the Municipal Airport which /^^
the Airport Commission thought was a layout plan.A layout plan is required by the State
Aeronautics Board.It was discovered that a layout plan and a development plan are different
things.Staff will be working on developing a layout plan for the Municipal Airport.
FINANCIAL PROBLEMS
Mayor Covey stated that there wasan article in the Spokesman Review concerning the money
(i problems cities are experiencing.
GRANT TRANSIT AUTHORITY
Mayor Covey stated that Mr.Deane will be re-appointed to serve onthe Board ofDirectors for the
Grant Transit Authority.
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CITY MANAGER REPORTS AND COMMENTS
QUARTERLY AMBULANCE REPORT
The quarterly ambulance report was provided to the Council./^^
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CITY COUNCIL MINUTES February8, 2005
QUARTERLY AIRPORT FINANCIAL REPORT
The quarterly airport financial report was provided to the Council.
QUARTERLY FINANCIAL REPORT
The quarterly financial report was provided to the Council.
SALES TAX/TRANSIENT RENTAL INCOME
Joseph K.Gavinski,City Manager,reported that the city received $286,467.50 in sales tax and
$15,214.04 in transient rental income in January 2005.
DEVELOPMENT PROJECT UPDATES
Gilbert Alvarado,Community Development Director,submitted a report informing the Council of
the progress of various projects in the city.
DIVISION STREET/l-90 OVERPASS
Joseph K.Gavinski,City Manager,distributed information from the Department of Transportation
concerning the I-90 overpass at Division Street.The Department of Transportation has indicated
they will proceed with the design of this bridge to include a two lane structure with a jersey barrier
placed to separate pedestrians until a pedestrian structure can be constructed.
The regular meeting was recessed at 8:20 and the Council met in executive session to discuss real
estate matters.The executive session was adjourned at 8:40 p.m.and the regular meeting was
reconvened.
y J REAL ESTATE PURCHASE
The City of Moses Lake has been offered two lots on Seventh Avenue between Alder Street and
Division Street which are close to the Three Ponds area and the Japanese Garden.There are
occupied structures on each of the lots. The sale price for the lots is $129,000.
Action Taken:Mr.Deane moved that the City Manger be authorized to execute the appropriate
documents for the purchase of the property,seconded by Mr.Blackwell,and passed unanimously.
)REAL ESTATE SALE
Joseph K.Gavinski, City Manager,stated that the city has been offered $14,450 for a lot on
Garden Drive. This offer is $500 lower than the listed price but has no conditions attached to it.
Action Taken Mr.Blackwell moved that the City Manager be authorized to proceed with the sale
of the lot on Garden Drive for $14,450,seconded by Mr.Shinn,and passed unanimously.
DIVISION STREET/l-90 OVERPASS
Mayor Covey pointed out that the county will not be contributing financially to the l-90/Division
Street Overpass project.He mentioned that he had suggested an alternate design of the overpass
which would include two 14'travel lanes,a raised sidewalk on the east side,and using the jersey
barrier to provide for a bike path.The Engineering Department was in favor of the design and
presented it to the Department of Transportation.
Joseph K.Gavinski,City Manager,stated that the Department of Transportation have rejected the
final design of this alternative.
There was some discussion and staff was requested to contact the Department of Transportation
to find out why they rejected the design.
Action Taken:Mr.Lane moved that staff request a one year delay of the project to give the city
time to find funds for the project and failing that,proceed with the alternate design submitted by
Mayor Covey,seconded by Mr.Blackwell,and passed unanimously.
The meeting was adjourned at 8:55 p.m.
Ronald C.GoVey,Mayor-'
ATTEST:
ild R.Cone,Finance Director
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BEFORE THE CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE APPROVAL
OF THE LAKES MAJOR PLAT AND
CONDITIONAL USE PERMIT
NO.04-1
FINDINGS OF FACT,CONCLUSIONS,
AND DECISION TO REMAND
1.A closed record hearing was held upon proper notice before the City Council on
September 14,2004.The matters before the City Council were:
1.1 Denial of preliminary approval of The Lakes Major Plat;and
1.2 Denial of the Conditional Use Permit to operate a manufactured home park
on The Lakes Major Plat location.
1.3 The parties to this appeal are:
Pat Carroll,the proponent/appellant,owner of The Lakes property
City of Moses Lake,respondent
1.4 Evidence.The City Council considered the following evidence and arguments.
1.The record from the open record hearing before the Planning
Commission held on July 15,2004 and July 29,2004,consisting of the
audio tapes of the hearing,all written materials submitted to the Planning
Commission and all exhibits entered by the Planning Commission.
2.The written argument of Mr.Carroll's attorney in support of his position
on this appeal set forth in his notice of appeal and in his brief of
appellant.
1.5 Remand.On October 12,2004,the City Council entered Findings of Fact,
Conclusions,and Decision to Remand returning this matter to the Planning
Commission for entry of a decision concerning the Conditional Use Permit
which is a component ofthis project.
1.6 Reconsideration.On January 11,2005,the City Council considered this
matter including the decision of the Planning Commission to approve the
Conditional Use Permit with conditions.
2.FINDINGS OF FACT.
Based upon the evidence in the record,the City Council makes the following
findings of fact:
2.1 The proponent is the owner of property proposed for The Lakes Major Plat.
2.2 The property is currently unplatted.
2.3 The project is in compliance with current development regulations.
2.4 The Lakes MajorPlat was denied by the Planning Commission on the basis
that the proposed plat fails to provide infrastructure necessitated by The
Lakes Major Plat.The proposed platdoes not provide forthe construction of a
street to city standards through the property. Property is offered to be
dedicated for such a street.
2.5 The Conditional Use Permit approved by the Planning Commission on
remand contains conditions which address the issues related to the extension
of infrastructure by the proponent to service The Lakes MajorPlat.
3.CONCLUSIONS.
From the foregoing findings offact the CityCouncil makes the following
conclusions:
3.1 The Planning Commission is vested with the authority to consider approval of
this plat and Conditional Use Permit.
3.2 The major plat and Conditional Use Permit of the proponent were properly
before the Planning Commission for consideration.This closed record
hearing is properly before the City Council.
3.3 The Planning Commission has denied the plat application for failure of the
proponent to include construction of a street through the project.
3.4 The Planning Commission has approved the Conditional Use Permit
application imposing conditions upon the plat which address the extension of
infrastructure to service the proponent's plat.
3.5 The plat denied by the Planning Commission does not conform to the
conditions of the Conditional Use Permit.
3.6 Pursuant to MLMC 20.09.030 this matter should be remanded to the Planing
Commission to consider a plat application which conforms to the conditions of
the Conditional Use Permit.
4.DECISION.
On the basis of the foregoing findings of fact and conclusions,it is the decision of
the City Council of the City of Moses Lake that:
4.1 The decision of the Planning Commission to deny The Lakes Major Plat is
reversed.
4.2 This matter is remanded to the Planning Commission for further consideration
of a plat consistent with the conditions of the Conditional Use Permit.
Approved byth^City^ounc^ofi^bmary^T^OOS.
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Ronald C.Covey
Mayor
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