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MOSES LAKE CITY COUNCIL
February 12,2008
Council Present: Ron Covey,Bill Ecret,Dick Deane,Richard Pearce, Brent Reese,Jon Lane,and
Jim Liebrecht
PLEDGE OF ALLEGIANCE: Mayor Covey led the Council in the pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes of the January 22, 2008 meeting be approved,
seconded by Mr.Pearce,and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and those
expense reimbursementclaims,certified as required by RCW42.24.090, 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 February 12, 2008 the Council does approve for payment claims in the amount of
$1,089,132.97; prepaidclaims inthe amounts of $19,435.49, $22,735.75, and $42,337.43; claim
checks inthe amount of $4,369,801.35;and payroll inthe amounts of $39,588.78,$2,432.87,and
39,790.15.
Action Taken:Mr.Deane moved that the bills,checks,prepaid claims,and payroll issued be
approved,seconded by Mr.Lane,and passed unanimously.
PRESENTATIONS AND AWARDS
POLICE DEPARTMENT:Koa Vang,Police Officer,was presented to the Council.
BUILDING MAINTENANCE:Curtis,McGuin,Michael Flores,Diana Gonzales,and Kathy Heroux,
Janitors,were presented to Council.
CONSENT AGENDA
Crossroads Phase 2 Preliminary Maior Platand Findings of Fact:Hayden Homes submitted a //£&
preliminary plat to subdivide 17 acres into 63 single family lots. The site is located north of
Lakeland Driveand east of Highway 17.The area is zoned R-1,Single Family Residential,which
corresponds with the Comprehensive Plan Land Use Designation of Low Density Residential.
Waivers were requested for curve tangent lengths and lot lines that are not within 20% of
perpendicular.Deferral ofthe timingof landscape installation and of cul-de-sac constructionwere
also requested.The Planning Commission recommended that the preliminary plat be approved
with conditions.The Findings,Conclusions and Decision of the Planning Commission were also
presented.
Campbell #2 Preliminary Maior Plat and Findings of Fact:Dean and Monique Campbell submitted /^G
an applicationto subdivide 40 acres into3 lots inthe C-2 General Commercial and Business Zone,
located west of Clover Drive,north of Yonezawa Boulevard,and south of Pioneer Way.No
buildingsor development are proposed atthistime. The Planning Commission recommended that
the preliminary platbe approved withconditions. The Findings,Conclusions and Decisionof the
Planning Commission were also submitted.
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CITY COUNCIL MINUTES February 12,2008
//$(,Parkside Place Preliminary Maior Plat and Findings of Fact:Nick Daschel submitted an application f )
for a preliminary platto subdivide 4.47 acres into 18 single family lots. The site is located east of
Paxson Drive,south of Oregon Street,and northof Virginia Street. The area is zoned R-1,Single
Family Residential,whichcorresponds withthe Comprehensive PlanLandUse Designation ofLow
Density Residential.Waivers were requested forminimum street curve tangent lengths, lotdepth
fortwo lots, lotlines within20% of perpendicular,and widening a portion of the constructed width
of the street.A deferral of the timing of landscape installation was also requested.The Planning
Commission recommended that the preliminary plat be approved with conditions.The Findings,
Conclusions and Decision of the Planning Commission were also submitted.
/Qf 3 Resolution -Rescind Abandonment of Easement -Flescher:A resolution was presented which
rescinds the abandonment of an easement adjacent to 1602 W. Fern Drive since there are
telephone lines in this easement.
//otb 'A Resolution -Build on Unplatted Property-Guardian Fiberglass:A resolution was presented which
allows Guardian Fiberglass to build on unplatted located at Road N with the stipulation that the
property be platted within one year.
Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Ecret,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
/Q/y FLOWRIDER CONCESSION EQUIPMENT
The cityreceived one bid for the FlowRider concession equipment.
Action Taken:Mr.Liebrecht moved that the bid for the concession equipment be awarded to
ConcessionsSupplyin the amountof $38,612,seconded by Mr.Lane,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
j£%LOWE'S -CLOSURE OF CLOVER DRIVE
North Central Construction will be doingsite work for the Lowe's store located on the Desertpoint
Retail Major Plat atYonezawa Boulevard andClover Drive.Approximately 50,000 cubic yards of
dirt androckwill be exported from the siteacrossCloverDrive.To alleviate the approximate 5,000
loads of materialthat would haveto be driventhrough the round-about, itwas requested that Clover
Drive be closed and that they be allowedto construct an earth bridgeacross Clover Drive to haul
the material from the Lowe's property to the dump site.
Bob Fancher,North Central Construction,explained the request.
Action Taken:Mr.Pearce moved that the request be granted with the stipulation that a license to
use the right-of-way be required and a bond for any damage that may occurand for the clean up
of the right-of-way,seconded by Mr.Lane, and passed unanimously.
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CITY COUNCIL MINUTES February 12,2008
i^_J WEIGHT AND LOAD RESTRICTIONS -LENGENFELDER
Todd Lengenfelder requested changes to Moses Lake Municipal Code Chapter 10.16,Weight and
Load Restrictions,inorder to allowthe parkingof a construction traileron city right-of-way during
the construction of residential structures.
There was some discussion by the Council and staff was requested to research the issue.
ORDINANCES AND RESOLUTIONS
ORDINANCE -ADOPT 8.52 -RESIDENTIAL VEHICLE STORAGE - 2nd READING
An ordinance was presented which repeals Chapter 8.50 and adopts Chapter 8.52 of the Moses
Lake Municipal Code, both entitled"ResidentialVehicle Storage". The number of changes to the
regulations necessitated the repeal of the existing chapterand adoption of a new chapter in the
Municipal Code.
The ordinance repealing Chapter 8.50 of the Moses Lake Municipal Code entitled "Residential
Vehicle Storage" and adopting Chapter 8.52 of the Moses Lake Municipal Code entitled
"Residential Vehicle Storage"was read by title only.
Joseph K.Gavinski,City Manager,gave some backgroundandthen explained the changes tothe
regulations.
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U Pete Staudenraus,226 KnollsVista, and Ben Holten,1522 Manzanita,were concerned that the
provisions of the ordinance were too limited.
Action Taken:Mr.Reese moved that the ordinance be amended to include "trailered vehicles"in
Section 8.52.040 B.1.and that the second reading of the ordinance be adopted,seconded by Mr.
Lane,and passed unanimously.
ORDINANCE -AMEND 9.18 -PROHIBITION OF CAMPING -2ND READING ^
An ordinance was presented which would allow camping at the Moses Lake Municipal Airport in
association with aviation related events.
The ordinance amending Chapter 9.18ofthe Moses Lake Municipal Code entitled "Prohibition of
Camping"was read by title only.
Action Taken:Mr.Pearce moved the second reading of the ordinance be adopted,seconded by
Mr.Ecret,and passed unanimously.
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ORDINANCE -AMEND GAMBLING TAX -1st READING
An ordinance was presented which amends the penalty provisions for violations ofthe gambling
tax regulations to an administrative enforcement.
The ordinance amending Chapter 3.18 ofthe MosesLakeMunicipal Code entitled "Gambling Tax"
was read by title only.
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CITY COUNCIL MINUTES February 12,2008
Action Taken:Mr.Lane moved that the first reading of the ordnance be adopted,seconded by Mr.^)
Deane,and passed unanimously.
ORDINANCE -AMEND SNOW REMOVAL -1st READING
An ordinance was presented which amends the snow removal regulations to require ownersof
vacant property to provide sidewalkservice including snow removal.
The ordinance amending Chapter 12.20 of the Moses Lake Municipal Code entitled "Snow
Removal"was read by title only.
There was some discussion by the Council.
ActionTaken:Mr.Ecretmoved thatthe first readingofthe ordinance be adopted,seconded by Mr.
Lane,and passed unanimously.
jlfjj ORDINANCE -AMEND DRIVEWAY ACCESS CONTROL STANDARDS -1st READING
An ordinance was presented which establishes driveway access standards for state highways
within the city.
An ordinance amending Chapter 12.10 of the Moses Lake Municipal Code entitled "Driveway
Access Control Standards"was read by title only.
Gary G.Harer,Municipal Services Director,pointed out that these driveway standards only apply /])
to Broadway atthistimesince itisthe onlystate route without limited access within the city's limits.
Action Taken:Mr.Deane moved that the firstreading of the ordinance be adopted,seconded by
Mr.Lane,and passed unanimously.
RESOLUTION -LOAD AND USE LIMITATIONS ON CITY STREETS
A resolutionwas presented which establishes special loadand use limitations on city streets.
The resolution of the City of Moses Lake rescinding Resolution No. 701 Special Load and Use
Limitations on Street Use within the Cityof Moses Lake was read by titleonly.The resolution also
adopts new load and use limitations.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Ecret,and
passed unanimously.
REQUEST TO CALL FOR BIDS
/0/7 AMBULANCE AND TRIM MOWER
Staff requested authorization to call for bids for an ambulance and a trim mower.
Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Deane,
and passed unanimously.{f~\
REFERRALS FROM COMMISSIONS -None
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CITY COUNCIL MINUTES February 12,2008
[^J OTHER ITEMS FOR COUNCIL CONSIDERATION
EXTRA TERRITORIAL UTILITY AGREEMENT
A revised Extra Territorial Utility Extension Agreement was presented forCouncil approval. This
new form addressesthe concerns of staff by identifying the specific infrastructure issues and park
dedications that accompany these agreements.
Action Taken:Mr.Deane moved that the form be approved,seconded by Mr.Liebrecht,and
passed unanimously.
SUN TERRACE PRELIMINARY MAJOR PLAT -APPEAL
The Community Development Department received an appeal regarding the Planning
Commission's recommendation to approve the Sun Terrace Preliminary Plats.
Anne Henning,Senior Planner,stated that Sun Terrace consists of 340 lots in8 platswhich the
Planning Commission approved withconditions. The appeal is on the condition to allowright-of-
way less than 60'wide for the internal streets and on the condition not to require full width
improvements on the north frontage road,which is a state right-of-way.
Michael Shannon,1289 Fairway Drive,stated that he feltthe Commission erred innot requiring the
full width right-of-way and improvements to the frontage road.
U Randy Printz,representing the developers,stated that the street improvements will meet city
standards,itisjustthe areathatisnot improved thatisless thanthe city's requirement.He pointed
out that the frontage road is under the jurisdiction of the Washington State Department of
Transportation and the city cannot require improvements to that road.He felt that the record
supports the recommendation of the Planning Commission.
Mayor Covey stated thatthe Council will discuss the appealinan executive session.
WATER USE EFFICIENCY GOALS
State law requires the city to establish water use efficiency goals. The proposed goals were
presented for Council approval.
Action Taken:Mr.Ecret moved that the goals be adopted,seconded by Mr.Lane, and passed
unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
REVERSE 911
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Mr.Pearce stated that a reverse 911 system will inform the publicof any emergency that might
occursuch as a chemical spill,explosion, badweather, etc. by using telephone system,television,
faxes,the internet, etc. He mentioned that this program is stillin the planning stage.
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CITY COUNCIL MINUTES February 12,2008
CITY MANAGER REPORTS AND COMMENTS
IIff'ft GAMBLING TAX
Joseph K.Gavinski,City Manager,provided information on the gamblingtaxes.
Dick Lowry,Sporty's Tavern,requested the Council eliminate thetaxon punchboards andpulltabs.
There was some discussion by the Council.
ActionTaken:Mr.Reese moved that the tax on punchboards and pulltabs be reduced to 1.5%,
seconded by Mr.Ecret,and failed with Mr.Ecret,Mr.Reese, and Mr.Liebrecht in favor and Mr.
Pearce,Mr.Lane,Mr.Deane,and Mayor Covey opposed.
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SNOW REMOVAL
Joseph K.Gavinski,City Manager,distributed letters from William Breneman,concerning thelack
of snow removalon sidewalks, especially those adjacent to vacant lots. Withthe passage of the
amendments to the snow removal regulations and the warner weather, the problem has been
addressed.
CITY HALL DESIGN
Miller/Hull has provided a programming document for the design of the new city hall.This ^^^
programming document shows how the building will be put together in termsofspace.(T)
It was the consensus of the City Council that a study session be set for Tuesday,February26, at
6 p.m.
BRUSH TRUCK
Joseph K.Gavinski,City Manager,stated thatthe city has purchased a used brushtruck for the
Fire Departmentusing the Waiver of Competitive Bidding Requirements Policy since this is a one
of a kind unit.
/QOCp AIRPORT FINANCIAL REPORT
The Airport Quarterly Financial Report was distributed.
//3&FINANCIAL REPORT
The quarterly financial report was distributed.
//3</AMBULANCE REPORT
The quarterly ambulance report was distributed.
/02)0 A BUILDING ACTIVITY REPORT
The January 2008 Building Activity Report was presented.O
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CITY COUNCIL MINUTES February 12, 2008
INVESTMENT REPORT
The city received $49,400.22 in investment income for January 2008.
SALES TAX/TRANSIENT RENTAL INCOME
The city received $408,717.83 in sales tax and $25,439.96 in transient rental income in January
2008.
The regular meeting was recessed at 10:30 p.m. and the Council met in an executive session to
discuss litigation and the Sun Terrace appeal.
The regular meeting was reconvened at 10:45 p.m.
SUN TERRACE PRELIMINARY MAJOR PLAT -APPEAL
Action Taken:Mr.Pearce moved that the decision of the Planning Commission be sustained and
the draft Decision to Sustain be adopted,seconded by Mr.Deane,and passed unanimously.
The regular meeting was adjourned at 10:50 p.m.
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ATTEST:Ronald C.Covey,Mayor
tonald 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
SUN TERRACE MAJOR PRELIMINARY
PLATS 1 THROUGH 8
FINDINGS OF FACT,CONCLUSIONS,AND
DECISION TO SUSTAIN
1.A closed record hearing was held upon propernotice before the city council on February 12,
2008.The matter before the city council was:
1.1 Approvalof Sun Terrace Major Preliminary Plats 1through 8 is inerrorand in violation
of the City Code, in particular:(1) The failure of the approvals to require full width
improvements to North Frontage Road as required by the MDNS prepared for these
plats;and (2)that the city's criteria for reductionof certain right-of-way widths was not
met or the wrong criteria was used inallowing this right-of-way width reduction.
1.2 The parties to this appeal are:
Michael Shannon,the appellant,party with standing,and
Kunze Farm,LLC,respondent.
1.3 Evidence.The city council considered the following evidence and arguments.
1.The record fromthe open record hearing before the planning commission held on
August 30,October 11 and November 15,2007,consistingofthe audiorecordings
of the hearing,all written materialssubmitted to the planning commission and all
exhibits entered by the planning commission.
2. The written appeal and argumentof Michael Shannon insupportofhis position on
this appeal set forth in his notice of appeal.
3. The written response and argument of Kunze Farm, 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 action of the planning commission in approving Sun Terrace Major Preliminary
Plats 1 through 8 is supported by the record below.
2.2 The appellant has not provided evidence inthe record that:
1)The failure of these plat approvals to require full width improvements to North
Frontage Road was consistent with the MDNS prepared for these platsand was
not in violation of the City Code;and
2) The criteria used bythe planning commission to permit a reduction ofcertain right-
of-waywidthswas notwrong orbased on the use ofthe wrong criteria.
2.3 The projectis incompliance withthe development regulations of the city.
2.4 The decision of the planning commission to approve Sun Terrace Major Preliminary
Plats 1through 8 inthe formapproved 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 these
plats.
3.2 These majorplatswere properly beforethe planning commission for consideration.This
closed record hearing is properly before the city council
3.3 The approval of these preliminaryplats 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,itis the decision
of the CityCouncilof the Cityof Moses Lake that the decision of the planning commission to
approve Sun Terrace Major Preliminary Plats 1 through 8 is sustained.
ApgrovecLbyjhe CityCouncilon February 12, 2008.
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Ronald C.Covey
Mayor z
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