2008 04 086685
MOSES LAKE CITY COUNCIL(^J April 8,2008
Council Present:RonCovey,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.Lane moved that the minutes of the March 25,2008 meeting be approved,
seconded by Mr.Liebrecht, and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Vouchers audited and certified bythe 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 Council for approval and is retained for public
inspection at city hall.
As of April 8, 2008the Council does approve for payment claims in the amountof $550,271.82;
prepaid claims in the amounts of $8,611.73,$11,477.03,and $46,073.11;claim checks in the
amounts of $533,533.26 and $169,300.65; and payroll inthe amounts of $42,183.94, $2,672.71,
and $46,769.76.
Action Taken:Mr.Ecret moved that the bills,checks,prepaid claims, and payroll issued be
{J approved,seconded by Mr.Pearce,and passed unanimously.
PRESENTATIONS AND AWARDS
VISION 2020 -AWARDS
Bill Ecret,Vision 2020,presented the November 2007Vision Award to Silver Sage for storefront
renovations andtheopening ofthe retail shop,the December 2007Vision Award tothe Firefly Cafe
for the renovation and creation ofa dining establishment inthe downtownarea,the February 2008
Vision Award to Tsunami Sushi for the total renovation of the restaurant, and the March 2008
Vision Award to WorkSource for their new building.
CONSENT AGENDA
Notice to Commence Annexation -Olin Development:The Notice to Commence Annexation for /0^P
property located off of Ramm Road owned by Olin Development was presented for Council
acceptance.
Resolution-Accept Deed-Lvbbert:A resolution was presented whichaccepts adeed for right-of-/Q </o
way on Peninsula Drive from James and Pam Lybbert.
Resolution -Accept Grant -Homeland Security Funding:A resolution was presented which //7f
accepts a $7,300 grant from Homeland Security Funding.The funds will beusedtosenda Police
Officerto forensiccomputer training at the Federal National Training Center.
/<%?
6686
CITY COUNCIL MINUTES .April 8,2008
Action Taken:Mr.Deane moved that the Consent Agenda be approved,seconded by Mr.(\1
Liebrecht,and passed unanimously.
COMMISSION APPOINTMENTS
/£&£•PLANNING COMMISSION/PARKS AND RECREATION COMMISSION
Mayor Covey requested Council confirmation ofthe appointment ofVicki Heimark tothe Planning
Commissionandthe re-appointed of Charlene Riosto the Parksand Recreation Commission.
Action Taken:Mr.Pearce moved that the appointment of Vicki Heimark to the Planning
Commission andthe re-appointment of Charlene Riostothe Parks and Recreation Commission
be confirmed,seconded by Mr.Ecret, and passed unanimously.
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
lQft VIRGINIA AND LUTA STREETS -PAVING
The residents of Virginia and Luta Streets requested the city pavethe gravel portions of both
streets.City water hasbeen installed and with the increased development in this area,the traffic
will increase on both streets.
Judy Davis stated that when the residents requested city water,it was also requested that the ([)
streets be paved.Most ofthe residents along these two streets are in favor ofthe paving ofthe
streets.She mentioned that cars park anywhere and everywhere along these streets.
Garth Dano,603 Crestview,stated that he supported the project.
There was some discussion on how the street improvements could be funded and staff was
directed to investigate improving the streets through an LID.
/!«-/(•
ORDINANCES AND RESOLUTIONS
ORDINANCE -GAMBLING TAX - 2nd READING
An ordinancewas presented which makes a technical correction to the violation process.
The ordinance amendingChapter3.18 ofthe Moses Lake Municipal Code entitled "Gambling Tax"
was read by title only.
ActionTaken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded
by Mr.Ecret, and passed unanimously.
IOfI ORDINANCE -AMEND 20.03 -ADMINISTRATION -2nd READING
An ordinance was presented which provides that appeals of administration enforcement actions _s^
are to be processed under MLMC Chapter 20.03,Administration.(|)
J 6687
CITY COUNCIL MINUTES April 8, 2008
K^J The ordinance amending Chapter 20.03 of the Moses Lake Municipal Code entitled
"Administration"was read by title only.
Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded
by Mr.Lane,and passed unanimously.
ORDINANCES -DESIGN STANDARDS AND IMPROVEMENTS -1st READING j^p/
An ordinance was presented which adopts new regulations for design standards and
improvements.
GaryG.Harer,Municipal Services Director,stated that staff rewrotethese ordinances to bring them
into compliance with current practices and state law.
The ordinance repealing Chapter 17.28 of the Moses Lake Municipal Code entitled "Design
Standards"and adopting Chapter 17.27 entitled "Design Standards"was read by title only.
Action Taken:Mr.Deane moved that the firstreading of the ordinance be adopted,seconded by
Mr.Liebrecht,and passed unanimously.
The ordinancerepealing Chapter 17.32ofthe Moses Lake Municipal Codeentitled"Improvements"
and adopting Chapter 17.30 entitled "Improvements" was read by titleonly.
ActionTaken:Mr.Pearce moved that the firstreading of the ordinance be adopted,seconded by{^J Mr.Ecret,and passed unanimously.
ORDINANCE -ROYALTY HOMES -FRANCHISE -1st READING
Anordinancewas presented whichgrantsa franchise to RoyaltyHomes,LLC for 1"irrigation lines
across Blackbird Loop and Blue Jay Drive.
The ordinance granting to Royalty Homes,LLC the right and franchise to use and occupy
designated streets,alleys,and other public places and ways of the City of Moses Lake,
Washington,to construct,maintain,repair,renewandoperatean underground irrigation main in
conduitwithin andthrough certain portions ofthe Cityof Moses Lake,Washingtonwas readbytitle
only.
Gary G.Harer,Municipal Services Director,pointed outthat Blackbird Loop and Blue Jay Drive are
locate inthe WillowCrest Estates Platand are currently BST streets.These are private irrigation
lineswhichwill be used to irrigate landscaping along ValleyRoad. Hementionedthatwhen city
water becomes available,this development will be requiredto connect and the private irrigation
lines will be removed.
Joseph K.Gavinski,City Manager,pointed out that the franchise is being granted to Royalty
Homes,LLC but afterthe lotsare sold, RoyaltyHomes will no longerbe involved. The problem
then becomes who is responsible ifanything goes wrong withthe irrigation lines.
Therewas some discussionbythe Council and because ofthe problemswithchanging ownership
M of the lots, staff was directed to contact Royalty Homes for additional information.
-IP
6688
CITY COUNCIL MINUTES April 8,2008
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
/OfJA CRACK SEAL PROJECT -NOISE
Quality Paving,Inc.requested permission to start work at6 a.m.to crack sealthe streets in the
downtown area.
ActionTaken:Mr.Deane moved that the request be granted,seconded by Mr.Lane, and passed
unanimously.
RESOLUTION - BUILD ON UNPLATTED PROPERTY -MAIZENA AND SUNBURST LLC
AgTrade Co.,Maizena,andSunburst,LLC haverequested permission toconstruct afeedgrinder,
2 elevator legsandthree overhead binson unplatted property located at2883RoadN NE.Asthe
site currently does not front on a dedicated right-of-way,staff is recommending thatthe site be
platted
The resolution allowing AgTradeCo.,Maizena,and Sunburst,LLC to build on unplatted property
was read by title only.
Gilbert Alvarado,Community Development Director,explained the location of the project.The ([)
resolution requiresthatthe area be plattedwithin one year. He pointedout that the area does not
front on a dedicated street, which is required by the city code. The area is served by a private
street at this time but the platting process will address the issue of access.
JerrySchauble, Ag Trade Co., explained the use of the new equipment.
Kent Darling,stated that the private road has provided access to this area for over 20 years.
There was some discussion by the Council.
Action Taken:Mr.Ecret moved that the resolution beadopted,seconded by Mr.Lane, and passed
unanimously.
ll^'A RESOLUTION -ZIGGY'S -BUILD ON UNPLATTED PROPERTY
Vern E.Ziegler,Ziggy's, has requested permissiontoconstructtwostorage buildings,anda fenced
RV/boat storage rentaloperation on 3.11 acres at the rearof the existing Ziggy's Lumber Yard on
Wheeler Road. This site was previously granted a variance forthe water main to be located inan
easement on private property with the stipulation that the property owner is responsible for all
repairs and maintenance of any improvements in the easement.At the time the site was
developed,the landscaping required on the north propertylinewas deferred until development of
the site. A covenantwas required forinstallationof that landscaping.With development proposed
for the site,staffwould recommended that the covenant be called and the landscaping be installed.
o
O
u
6689
CITY COUNCIL MINUTES April 8,2008
The resolution allowing Verne E.and Mary E.Ziegler to build on unplatted property was read by
title only.
Gilbert Alvarado,CommunityDevelopment Director,stated thatthe unplatted property islocateto
the north ofthe existing Ziggy's lumberyard which is located onthe Crittenden Major Plat.Atthe
time the property was platted,Ziggy's requested that the required landscaping along the rear
property line be delayed since all the property tothe north was vacant and the landscape buffer
was not required.
There was some discussion by the Council on the landscaping required along the rearof the
property.
Dean Ziegler,representing Ziggy's,statedthatatthetimethe property was purchased theythought
itwas platted butsince itisnot,they are discussing the options.He statedthathe would prefer
notto install the landscaping onthe north boundaryline sincethereisnodevelopmenttothe north.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
D & L FOUNDRY -COVENANT ...
//<x (?
The Council should consider calling in the covenant on D&LFoundry to extend sewer on Wheeler T/ZZ?
[^_J Road the full length of their plat in order to connect Busby International to sewer.
There was considerable discussion between the Council,Jason McGowan of D &L Foundry,and
Mike Mansfield and Sid Gregory of Busby International.
Action Taken:Mr.Lane moved that action be tabled on this issue,seconded by Mr.Reese,and
passed with Mr.Ecret and Mr.Deane opposed.
PAYDAY LOANS -SIGN IN EASEMENT
Robert Dean,Sign Service and Manufacturing,has requested permission to replace the sign face
ofthe sign at 611 Stratford Road.The new sign will be slightly smaller but still entirely within the
45'easement.
Gilbert Alvarado,Community Development Director,stated that the city has no permit for the
previous Skipper's sign atthis location and since it is in an easement,staff cannot issue a permit.
ActionTaken:Mr.Reese moved thatthe request be granted,seconded by Mr.Ecret,and passed
unanimously.
2008 COMMUNITY STREET AND UTILITY STANDARDS
The 2008 Community Street and Utility Standards were presented for Council approval.//#-?
I J Gary G.Harer,Municipal Services Director,explained the amendments and changes.
/oao
6690
CITY COUNCIL MINUTES April 8,2008
Action Taken:Mr.Pearce moved that the 2008 Community Street and Utility Standards be
adopted,seconded by Mr.Ecret, and passed unanimously.
/OSf ANNEXATION -CITY -RESERVOIR #3
The Cityof Moses Lake submitted a Noticeof Intentto annex propertylocated adjacent toValley
Road and Airway Drive. This property is the site of Reservoir #3.
ActionTaken:Mr.Lane moved that the cityreceipt the notice,seconded by Mr.Reese,and passed
unanimously.
j/UCp REQUEST FOR CITY WATER -PORT OF MOSES LAKE
The Port of Moses Lake requested city water in order to irrigate landscaping on the Genie
Industries site located on Turner Road.
Action Taken:Mr.Lane moved that the request be granted,seconded by Mr.Liebrecht, and
passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
J)H WESTSHORE DRIVE/HANSEN ROAD INTERSECTION
Dick Hansen,6526 Road 1.9 NE,stated that he contacted the Department of Transportation about
the closure of Exit 175 and was informed that DOT has no plans to close that exit. He feltthat with
the improvements required on Westshore from the new development and the Cove West
Subdivision,the city's proposed change to the intersection of Hansen,Fairway,and Westshore
would be appropriate.
Gary G.Harer,Municipal Services Director,stated that the Department of Transportation has
indicatedthatthey wouldliketo close Exit 175 butthere are not plansinplaceatthistime to do so
but it is something they are keeping in mind.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
f02QA BUILDING ACTIVITY REPORT
The March 2008 Building Activity Report was presented.
\\€f'A GAMBLING TAX REPORT
The first quarter gambling tax report was presented.
IQ0^INVESTMENT REPORT
The city received $34,481.75 in investment income for March 2008.
O
O
O
6691
CITY COUNCIL MINUTES April 8, 2008
SALES TAX/TRANSIENT RENTAL INCOME
The city received $367,342.57 in sales tax and $23,765.62 in transient rental income in March
2008.
The regular meeting was recessed at 10:15 p.m.and the Council met in an executive session to
discuss possible litigation.The executive session was adjourned at 10:21 p.m. and the regular
meeting was reconvened.
BUSBY INTERNATIONAL MAJOR PLAT/FINDINGS OF FACT
Mike Mansfield of Busby International submitted an application for a 48-acre one-lot preliminary
platin the Heavy Industrial Zone, located north ofWheeler Road and east ofRoad L.The site has
been divided into 8 parcels,including a private street,through the binding site plan process.No
buildings ordevelopments are proposed at this time.The applicantalso requested todefer street
and utility improvementstoWheeler Roadand touse septic systems fordomesticwastewater until
gravity sewer is available in Wheeler.A dry sanitary collection system that would extend to
Wheeler Road would be installed,so that once city sewer is available,any septic systems would
be abandoned and the buildings would be connected to the city sewer system.
The Planning Commission approved the deferral of street improvements to Wheeler Road withthe
execution ofa covenant guaranteeing the improvements inthe future. The Planning Commission
denied the request to defer sewer improvements.
Action Taken:Mr.Pearce moved that the Busby International Major Platand Findings of Fact be
approved,seconded by Mr.Liebrecht,and passed unanimously.
w
The regular meeting was adjourned at 10:22 p.
Ronald C.Covey,
ATTEST:
Ronald R.Cone,Finance Director
//^