2007 05 08KJ
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MOSES LAKE CITY COUNCIL
May 8,2007
Council Present:Ron Covey,Bill Ecret,Jon Lane,Dick Deane,Richard Pearce,and Brent Reese
Absent:Jim Liebrecht
PLEDGE OFALLEGIANCE:Mayor Covey ledthe Council in the pledgeof allegiance.
MINUTES:Mr.Ecretmoved thatthe minutes ofthe April 24,2007 meeting be approved,seconded
by Mr.Lane, and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims, and payroll issued be
approved,seconded by Mr.Reese, and passed unanimously.
Vouchers audited and certified bythe Finance Director as required by RCW42.24.080,andthose
expense reimbursement claims,certified as required by RCW 42.24.090,have been recorded on
a listing which has been made available tothe Council for approval and is retained for public
inspection at city hall.
Asof May 8,2007 the Council does approve for payment claims in the amount of $886,014.14;
prepaid claims in the amounts of$18,687.23,$10,048.20,and $42,886.94;checks in theamount
of $1,340,223.64;and payroll inthe amounts of $2,104.46 and $46,981.31.
PROCLAMATION
The proclamation declaring May 4-12,2007 as National Goodwill Industries Week was read in its //£?
entirety.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
The Greens Preliminary MaiorPlatand Planned Unit Residential Development-Appeal -Findings /APfc
of Fact:The Findings of Fact onthe appealofthe Planning Commission approval ofThe Greens
Preliminary Major Platand Planned Unit Residential Development were presented.
Ordinance -The Greens Planned Unit Residential Development - 1st Reading:The ordinance //o?&
establishingthe permitteduses anddevelopment standards for The Green PlannedUnit Residential
Development was presented.
Resolution -Accept Grant -Department of Homeland Security:A resolution was presented which //3<?
accepts an $18,775 grant fromthe Department of Homeland Security. The funds will be used to
purchase fire prevention and safety materials for local schools and the community.
Resolution -Accept Improvements -Westlake Shores Phase III Major Plat:A resolution was //o?ip
presented which accepts the municipal improvements constructed as partof the Westlake Shores
Phase III Major Plat.
Action Taken:Mr.Deane moved that the Consent Agenda be approved,seconded by Mr. Ecret,
and passed unanimously.
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CITY COUNCIL MINUTES May8, 2007
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
10/9A 2007 SEAL COAT PROJECT
The city received two bids for the 2007 Seal Coat Project. This project consists of chip sealing
Stratford Road and various tertiary collector streets.
There was some discussion on the project.
Action Taken:Mr.Lane moved that the bid be awarded to Granite Northwest,Inc.in the amount
of $551,240.60,seconded by Mr.Pearce,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
//<P3~DOOLITTLE DREAM PARK
Tara Childs,Passion For A Playground Group,requested time before the Council to discuss the
Doolittle Dream Park to be located at the corner of Doolittle and Patton Boulevard.
Ms.Childs stated that the "dream"parks are funded by the community and constructed with
volunteer labor.This type of involvement gives a sense of ownership to those participating in the
project.She felt that this park and the way it is to be constructed is important to the community.
She pointed out that there are no parks or playgrounds inthis area and requested any aid possible
from the Council and city.
There was some discussion by the Council which felt the park was a good project.It was pointed
out that the project is in the county and the city would be unable to use its equipment fornon-city
projects though individuals can donate their own time and expertise.
ORDINANCES AND RESOLUTIONS
//(si ORDINANCE -AMEND SIDEWALK CONSTRUCTION -2nd READING
An ordinance was presented which provides for administrative enforcement of violations of the
sidewalk construction regulations.
The ordinance amending Chapter 12.12 of the Moses Lake Municipal Code entitled "Sidewalk
Construction"was read by title only.
ActionTaken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded
by Mr.Ecret, and passed unanimously.
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/on ORDINANCE - AMENDORDINANCEVACATING BLANCHETAND PAXSON -2nd READING
An ordinance was presentedwhichamends the ordinance vacating a portion of BlanchetAvenue
and Paxson Drive.This amendment allows the School District to provide ten feet of right-of-way ^^^
on property it owns adjacent to Lakeshore Drive and Peninsula Drive rather than compensating the (^
city monetarily for the vacated portion of BlanchetAvenue.
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CITY COUNCIL MINUTES May 8,2007
\^J The ordinance amending Ordinance No.1954 vacating a portion of Blanchet Avenue and Paxson
Drive was read by title only.
Joseph K.Gavinski,City Manager,explained the property exchange in lieu of monetary
compensation for the vacated portion of Blanchet Avenue.
Mr.Pearce pointed outthat 30'of right-of-way was dedicated on Lloyd's First Addition for Hermit
Road which isadjacent tothe School District property.He wanted to know ifadditional right-of-way
isneededto complete Hermit Road asthenextelementary school will be built onthis property and
will be accessed from Hermit Road.
There was some discussion about Hermit Road.
ActionTaken:Mr.Pearce moved thatthe second readingofthe ordinance be tabled and staff be
directed to discuss the issue of Hermit Road with the School District,seconded by Mr.Deane,and
passed unanimously.
ORDINANCES -CREATE CHAPTER 12.14-SIDEWALK USE LICENSES/AMEND CHAPTER 1.20
-ADMINISTRATIVE ENFORCEMENT -1st READINGS
Ordinances were presented which create regulations for a sidewalk use license and amendsthe
administrative enforcement regulations to include sidewalk use licenses.
The ordinance creating Chapter 12.14 ofthe MosesLake Municipal Code entitled "Sidewalk Use /^/
[^J Licenses"was read by title only.
Joseph K.Gavinski,City Manager,stated thatthe changes requested bythe Council havebeen
made and the amount of required liability insurancewas increased to $1,000,000.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by
Mr.Lane,and passed unanimously.
The ordinance amendingChapter 1.20ofthe Moses Lake Municipal Code entitled "Administrative J/O 2
Enforcement"was read by title only.
Action Taken:Mr.Lane moved thatthe firstreading of the ordinance be adopted,seconded by Mr.
Reese,and passed unanimously.
ORDINANCE -GARBAGE COLLECTION -1st READING
An ordinance was presented which establishes a new charge for a commercial extra pickup of a
three yard dumpster as requested by Lakeside Disposal.
The ordinance establishing charges for garbage collection was read by title only.
Action Taken:Mr.Ecret moved that the first reading ofthe ordinance be adopted,seconded by Mr.
i )Lane,and passed unanimously.
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CITY COUNCIL MINUTES May 8, 2007
/J%RESOLUTION -ACCEPT DONATION -DIANE MOE
A resolution was presented which accepts a $300 donation from the friends and family of Diane
Moe.The funds will be used to purchase a tree in memory of Diane Moe.
The resolution accepting donations totaling $300 in memoryof Diane Moe for the purchaseofa tree
from the Moses Lake Parks gifts and memorials catalog was read by title only.
Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Deane,and
passed unanimously.
/J%>RESOLUTION -ACCEPT DONATION -MOSES LAKE LIONESS
A resolution was presented which accepts $3,300 from the Moses Lake Lioness.The funds are
to be used towards the purchase of a bench in memory of Tom Melbye.
The resolution accepting a cash donation of $3,300 from the Moses Lake Lioness Club was read
by title only.
Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Lane,and
passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
IO/7 EXTENDED CAB 4X4 PICKUP - REQUEST FOR DIRECTION
The bid for the 2007 extended cab 4x4 pickup was awarded to James Chevrolet but it was
discovered that the vehicle does not fully comply with the specifications of the bid.The major
discrepancy is that the vehicle does not have a limited slip rear axle as specified in the bid
documents and which the staff feels is necessary.
There was considerable discussion by the Council.
Action Taken:Mr.Pearce moved that the staff order a 2007 vehicle using the state bid and ifitis
unavailable,order a 2008 vehicle at the same price,seconded by Mr.Ecret,and passed
unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
lOJ^-CASCADE VALLEY ANNEXATION
^iti Joseph K.Gavinski,City Manager,stated that the city received a request from the property owner
'C/>s of the Willow Crest Major Plat I,which was included in the Cascade Valley annexation,to be
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CITY COUNCIL MINUTES May 8, 2007
V_y excluded from the annexation area.The streets in this plat are being constructed to county
standards and the new property owneris not interested inannexing to the city.This annexation has
already been submitted to the Boundary Review Board and the time to opt out of the annexation
has passed.There is a covenant on this propertywhich requires improvements to be constructed
to city standards when required by the city.
GilbertAlvarado,Community Development Director,stated that this project is inthe UGA. Property
owners within the UGA can either construct their projects to city standards or request a waiver of
those requirements with a covenant for those city improvements in the future.
There was considerable discussion about this issue.
Action Taken:Mr.Reese moved that the covenant for the Willow Crest Major Plat be called,
seconded by Mr.Ecret,and passed unanimously.
James A. Whitaker, City Attorney,stated that the request for waivers of construction to city
standards on property in the UGA and the granting of the covenants for those improvements are
based on the city's resolution that creates the extra territorial utility delivery policy. There have
been some discussions among the staff about the issues relating to developments in the county
and the need for additional direction for staff on when waivers should be granted.
It wasthe consensus of the Council that the issue of granting waivers on property being developed
in the county be discussed in the near future.
[^J FIREWORKS
Joseph K.Gavinski,City Manager,presented information onthe July 4th fireworks display to be
provided byWestern International Fireworks,he pointed outthat because individual fireworks are
now prohibited in the city,there will be additional public celebrations in the park on July 4th,
including a community picnic.
PUD STREET LIGHT FUNDING
Joseph K.Gavinski,City Manager,remindedthe Council thatthe city previously chargedits utility
customers $2 for streets lights but that was eliminated due to a court case.The city has been
picking upthecostofthe street lights for the past several years ata yearly costofabout $300,000.
The cost of the street lightsis a burden on many ofthe smallercities and towns inthe county and
the PUD has been requested to providesome reliefforthe citiesbychargingthe ratepayers directly
orby absorbingthe cost inthe rates. The PUD has indicatedthey do nothave authority to charge
the ratepayersandthey are unwilling to absorbthe cost as itwouldincreasethe rates by 1%for
all rate payers.
QUARTERLY FINANCIAL REPORT
The fist quarter financial report was distributed.
QUARTERLY AIRPORT FINANCIAL REPORT
(J The first quarter financial report for the Municipal Airport was provided.
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CITY COUNCIL MINUTES May 8, 2007
QUARTERLY AMBULANCE REPORT
The first quarter ambulance report for 2007 was provided.
/020/\BUILDING ACTIVITY REPORT
The April 2007 Building Activity Report was presented.
INVESTMENT REPORT
>Pt '
The investment report showed the city earned $78,742.49 in investment income in April 2007.
SALES TAX/TRANSIENT RENTAL INCOME
The city received $337,783.87 in sales tax and $19,536.44 in transient rental income in April 2007.
//3J FIRE DEPARTMENT ANNUAL REPORT
Tom Taylor, Fire Chief,reported on the activities of the Fire Department for 2006.
The regular meeting was adjourned at 11:05 p.i
ATTEST:Ronald C.Covey,Mayof^
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 APPROVAL OF
THE GREENS PRELIMINARY MAJOR PLAT
AND PLANNED UNIT RESIDENTIAL
DEVELOPMENT
NO.07-1
FINDINGS OF FACT,CONCLUSIONS,AND
DECISION TO SUSTAIN
1.HEARING: A closed record hearing was held upon proper notice before the City Council on
April24,2007.The matter before the City Council was:
1.1 Approval of The Greens Preliminary Major Plat and Planned Unit Residential
Development is in error and in violation of the city code,in particular:The failure to
permit access onto the street being constructed as part of this plat from properties
outside the platarea;the design features approved by the Planning Commission as part
of this planned residential development;the amount of off street parking provided;and
density of development approved by the Planning Commission.
1.2 The parties to this appeal are:
A. Diana and Gerry McFaul, the appellants,parties with standing,and
B.Steinhauer/Norman Development,LLC,respondent
1.4 Evidence.The City Council considered the following evidence and arguments.
A.The record fromthe open record hearing before the Planning Commission held on
February 15,2007, consisting of the audio recordings of the hearing, allwritten
materials submitted to the Planning Commission and all exhibits entered by the
Planning Commission.
B. The written appeal and argument of Mr.and Mrs.McFaul in support of their
position on this appeal set forth in his notice of appeal.
C. The written response andargumentofSteinhauer/NormanDevelopment,LLC filed
in response to the appeal.
2.FINDINGS OF FACT:Based upon the evidence in the record, the City Council makes the
following findings of fact:
2.1 The actionofthe PlanningCommission inapprovingThe Greens Preliminary Major Plat
and Planned UnitResidential Development (PURD)is supported by the record below.
2.2 The appellants have not provided evidence inthe record that:
A. The decision of the Planning Commission on design and layout of The Greens
PURD is in violation of the city code or not permitted under the code.
B. The failure to provide access to appellantsonto a road within The Greens PURD
is in error.
C. Off street parking is inadequate for a PURD of this nature.
FINDINGS OF FACT PAGE 2
THE GREENS PRELIMINARY MAJOR PLAT AND PURD May 8, 2007
D. The density of development is inconsistent withthe provisions ofthe city code and
does not meet the requirements of the city code in terms of open space,efficient
layout, and creation of a unique setting which is an objective of the PURD.
2.3 The project is in compliance with the development regulations adopted for this PURD.
2.4 The decision of the Planning Commission to approve The Greens Preliminary Major Plat
and PURD in the form approved is supported by the evidence submitted and that
decision should be sustained.
3.CONCLUSIONS:From the foregoing findings of fact the City Council makes the following
conclusions:
3.1 The Planning Commission is vested with the authority to consider approval of this plat
and the final design of the PURD associated with this plat.
3.2 The major plat and PURD were properly before the Planning Commission for
consideration.This closed record hearing is properly before the City Council.
3.3 The approval of the preliminary plat and PURD by the Planning Commission is
supported by the record below.
3.4 The decision of the Planning Commission should be sustained.
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 the decision of the Planning Commission to
approve The Greens Preliminary Major Plat and Planned Unit Residential Development is
sustained.
Approved by the City Cou
Ronald C.Covey
Mayor
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