2007 01 096470
MOSES LAKE CITY COUNCIL\^J January 9,2007
Council Present:Ron Covey,Brent Reese,Jim Liebrecht,Bill Ecret,Jon Lane,Dick Deane,and
Brent Reese Absent:Richard Pearce
PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the pledge of allegiance.
MINUTES:Mr.Deane moved that the minutes of the December 26,2006 meeting be approved,
seconded by Mr.Liebrecht,and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Action Taken:Mr.Ecret moved that the bills,checks,prepaid claims,and payroll issued be
approved,seconded by Mr.Lane,and passed unanimously.
Vouchers audited and certified by the Finance Director as required by RCW42.24.080,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 and is retained for public
inspection at city hall.
As of January 9,2007 the Council does approve for payment claims inthe amount of $808,611.94;
prepaid claims in the amounts of $10,992.77 and $4,922.02;checks in the amount of
$2,747,751.19;and payroll inthe amounts of $37,773.55 and $8,835.78.
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PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Resolution -Accept Easement -1982 Mortensen Trust: A resolution was presented which accepts /J/S
an easement from 1982 Mortensen Trust on property adjacent to Ninth Avenue.
Resolution -Accept Easement -TR Properties Moses Lake LLC:Aresolution was presented which ^S3
accepts an easement fromTR Properties Moses Lake LLCon propertyadjacent to Ninth Avenue.
Port of Moses Lake -Water/Sewer Connection:The Port of Moses Lake requested city water and //&6?
sewerforLot#2604 inthe Grant County internationalAirportIndustrialPark located offof Randolph
Road.
CommunityDevelopmentSite Plan Appeal-Findings of Fact:Findings of Fact were presented for /0&£
the appeal of the Planning Commission's denial of the Community Development's site planforthe
installation of an office at the corner of4th and Balsam.
Action Taken:Mr.Reese moved that the Consent Agenda be approved,seconded by Mr.Ecret,
and passed unanimously.
COMMISSION APPOINTMENTS -None
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CITY COUNCIL MINUTES:2 January 9,2007
CONSIDERATION OF BIDS
j OH AMBULANCE
The city received one bid from Hughes Fire Equipment for theType III ambulance.Hughes Fire
Equipment took nine exceptions tothe 360 bid items required in the specifications.None ofthe
exceptions pose any maintenanceor operational problems for staff.
ActionTaken:Mr.Deane moved that the exceptions be waived and the bidbe awarded to Hughes
Fire Equipment in the amountof $138,415,seconded by Mr.Lane,and passed unanimously.
)on POLICE CAR
The city received twobids for an additional police car.The low bidder,James Chevrolet,did not
meet the specifications andstaffrecommendedthattheirbid be rejected.Staffrecommendedthat
the bid be awarded to Discovery Ford.
Action Taken:Mr.Liebrecht moved that the bid from James Chevrolet be rejected as not meeting
the bid requirements and the bid be awarded to Discovery Ford in the amount of $28,503,
seconded by Mr.Lane, and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None
ORDINANCES AND RESOLUTIONS
/$&/ORDINANCE -AMEND PLANNED DEVELOPMENT DISTRICT ZONE -2nd READING
Anordinancewas presented which amends the Planned Development District Zone to bring itinto
compliance with the regulations of Title 20.
The ordinance amending Chapter 18.67 of the Moses Lake Municipal Code entitled "Planned
Development District Zone"was read by title only.
GilbertAlvarado,Community Development Director,recommended that the last two sentences in
subparagraph Hof 18.67.030 be deleted as they are not needed.
Action Taken:Mr.Deane moved that the ordinance be amended and the second reading be
adopted,seconded by Mr.Lane, and passed unanimously.
//3(p RESOLUTION -LEASE PURCHASE AGREEMENT
A resolution was presented which authorizes the City Manager to sign the lease/purchase
documents with the Bank of America Public Capital Corporation.
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.Reese moved that the resolution be adopted,seconded by Mr.Ecret,and (/^"N^
passed unanimously.
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CITY COUNCIL MINUTES:3 January 9, 2007
{^J REQUEST TO CALL FOR BIDS
EQUIPMENT
Staff requested authorization to call for bids for seven pick-ups and a one-ton truck. Four of the
pickups and the one-ton truck are replacement vehicles and the three new pickups are to
accommodate growth.
Action Taken:Mr.Lane moved that staff be authorized to call for bids,seconded by Mr.Deane,
and passed unanimously.
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
MOSES POINTE -AMENDMENT
An amendment to the Extra Territorial Utility Agreement with Moses Pointe was presented.This
amendment provides that Moses Lake will construct the required reservoir and the city will drill the
needed well.The cost of both projects is approximately $300,000 each.
Joseph K.Gavinski, City Manager,stated that because of the required oversizing of the reservoir
and well,the city and Moses Pointe negotiated the amendment to the Extra Territorial Utility
Agreement so that the city drills the well and Moses Pointe constructs the reservoir.
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There was some discussion by the Council.
Action Taken:Mr.Reese movedthat the amendment be approved,seconded by Mr.Liebrecht,and
passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
JUNIPER DRIVE VACATION
Mayor Covey stated thatthe Moses Lake Clinic has requested a study session withthe Council to
discuss the possible vacation of a portion of Juniper Drive.
A study session was set forJanuary 23 at 6 p.m. inthe Council Chambers.
CITY MANAGER REPORTS AND COMMENTS
COUNCIL/STAFF RETREAT
Joseph K.Gavinski,City Manager,stated that the Council/staff retreatis scheduled for February
2 and 3 at the Notaras Lodge in Soap Lake. A listof potential discussion items was distributed.
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CITY COUNCIL MINUTES:4 January 9, 2007
/030 PROJECTS UPDATE LIST
Gilbert Alvarado,Community Development Director,distributed a list of projects currently under
review by staff and explained the progress of some of the projects.
//S<f GAMBLING TAX
Joseph K.Gavinski, City Manager,stated that the city received $191,266.12 in gambling tax
revenue through the third quarter of 2006.
SALES TAX/TRANSIENT RENTAL INCOME
Joseph K.Gavinski,City Manager, reported that the city received $358,954.02 in sales tax and
$23,658.99 in transient rental income in December 2006.
RESOLUTION -AIRPORT GRANT
A resolution was presented which supports an application and a supplemental application seeking
local airport aid grant funds from the Washington State Department of Transportation.The grant
funds will be used for crack sealing and the purchase of a new airport beacon.
The resolution supporting an application and supplemental application seeking local airport and
grant funds from the Washington State Department of Transportation,Aviation Division and
committing matching funds was read by title only.
Action Taken:Mr.Liebrecht moved that the resolution be adopted,seconded by Mr.Deane,and
passed unanimously.
J 7 DOWNTOWN DEVELOPMENT
Joseph K.Gavinski,City Manager,stated that communications have been received from
Destination Development on the progress of downtown development.
)•/?ANNEXATIONS
Joseph K.Gavinski, City Manager,stated that Guardian Fiberglass has submitted a Notice of Intent
and Petition for annexation to the City of Moses Lake.Solar Grade Silicon has previously indicated
their desire to annex and there will be an attempt to combine these two annexations.
The regular meeting was adjourned at 8:30 p.m.
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ATTEST:Ronald C. Covey,MayOfV
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Ronald R.Cone,Finance Director
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BEFORE THE CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE APPEAL OF THE
SITE PLAN FOR THE CITY OF MOSES LAKE
COMMUNITY DEVELOPMENT
DEPARTMENT BUILDING
NO.06-2
FINDINGS,CONCLUSIONS,AND
DECISION
1.HEARING: A hearing was held upon proper notice before the City Council on December 26,
2006.This matter was before the City Council on appeal.The appellant is the City of Moses
Lake.
1.1 The Site Plan appeal was a closed record appeal of the denial of a Site Plan by the
Planning Commission to the City of Moses Lake to locate a manufactured commercial
unit in a C-1 Zone for use as an office by the Community Development Department.
1.2 The proposed Site Plan for the location of the manufactured commercial unit is
proposed for 225 E.4th Avenue,legally described as Lots22,23,and 24,Block 18,Plat of
Neppel.
1.3 The parties to this appeal are:
A.The appellant City of Moses Lake,represented by Joseph K.Gavinski,City
Manager.
B City staff.
1.4 Evidence.The City Council considered the following evidence in connection with the
closed record appeal of the Site Plan denial:
A.The record from the open record hearing before the Planning Commission
consisting of the minutes of the Planning Commission hearing, allwritten materials
submitted to the Planning Commission,and the Findings,Conclusions and
Decision of the Planning Commission on this issue.
2.FINDINGS AND CONCLUSIONS.Based upon the evidence presented to them,the City
Council makes the following findings and conclusions:
2.1 The City Council has the power in its review of the denial of the Site Plan by the
Planning Commission to reverse the decision.
2.2 The facts in evidence from the materials reviewed by the City Council support the
application to place a manufactured commercial unit for use as an office by the
Community Development Department at 225 E.4th Avenue.
2.3 The facts in evidence do not support the findings and conclusions in the decision of the
Planning Commission. Several of the findings and conclusions appear to be opinions
and suggested policyconsiderations which are beyond the scope of the reviewto be
conducted in the consideration of a site plan.
FINDINGS OF FACT -APPEAL 06-2
CITY OF MOSES LAKE COM.DEV.DEPT.-BUILDING ,20Q6January9
2.4 The decision of the Planning Commission is clearly erroneous and contrary to law.As
such it should be reversed.
3. DECISION. Fromthe foregoing findingsand conclusions,the CityCouncil makesthe following
determinations and decisions:
3.1 The decision of the Planning Commission inthis matter is reversed.
Appray^cLkythe City
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Ronald C.Covey
Mayor
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