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2003 04 22^J u 5968 MOSES LAKE CITY COUNCIL April 22,2003 Council Present:Larry Tracy, Brent Reese,Steve Shinn, Richard Pearce,Ron Covey and Chris Blessing Absent:Lee Blackwell MINUTES:Mr.Tracy moved that the minutes of the April 8 meeting be approved as submitted, seconded by Mr.Reese and passed unanimously. Mr.Pearce moved that consideration of the minutes of the April 15 meeting,continued from April 8, be postponed until the May 13 meeting,seconded by mr.Shinn, and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Blessing moved that the bills,checks,and prepaid claims issued be approved, seconded by Dr.Covey,and passed unanimously. Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and those expense reimbursementclaims certified as required by RCW 42.24.090, have been recorded on a listingwhich has been made available to the City Council. Claims:The vouchers included on the below listas modified by the Council and noted upon said listforthe Council meeting of April 22,2003 forthe funds listed below are approved inthe amount of $300,075.31. GENERAL FUND $58,909.42 STATE WATER POL D/S 40,602.09 PATHS &TRAILS 287.62 SANITATION FUND 35,650.53 STREET 29,519.80 AMBULANCE SERVICE FUND 6,355.24 EQUIPMENT LEASES 1,530.98 AMBULANCE DEBT SERVICE 958.00 STREET IMPROVEMENT 113.94 SELF INSURANCE 1,866.66 WATER/SEWER 65,685.35 CENTRAL SERVICES 7,673.42 1996 BOND REDEMP.FUND 201.22 EQUIPMENT RENTAL 20,170.25 W/S CONSTRUCTION 25,093.72 BUILD MAINTENANCE 4,776.78 W/S LEASES 680.29 TOTAL $300,075.31 PrepaidClaims:Prepaidclaims approved by theCityManageraccordingto the processestablished by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council has been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $250.00 for allfunds. GENERAL FUND $250.00 PrepaidClaims:Prepaidclaimsapprovedbythe CityManageraccordingtothe process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council has been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $86,601.86 for all funds. GENERAL FUND $3,046.84 AMBULANCE SERVICE FUND 123.05 STREET 180.00 AMBULANCE DEBT SERVICE 508.85 EQUIPMENT LEASES 1,397.41 CENTRAL SERVICES 901.67 WATER/SEWER 730.06 EQUIPMENT RENTAL 14,470.53 W/S LEASES 723.26 BUILD MAINTENANCE 22.47 SANITATION FUND 66,497.72 TOTAL $86,601.86 Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council has been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $2,336.65 for all funds. GENERAL FUND $1,534.86 W/S CONSTRUCTION 462.72 WATER/SEWER 305.46 BUILDING MAINTENANCE 33.61 TOTAL $2,336.65 Prepaid Claims:Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council has been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $52.30 for all funds. O GENERAL FUND $46.16 WATER/SEWER 6.14 TOTAL $52.30 Prepaid Claims:Prepaid claims approved by the City Manageraccording to the process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council has been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $64,178.70 for all funds. EQUIPMENT RENTAL $64,153.56 BUILDING MAINTENANCE 25.14 TOTAL $64,178.70 5969 CITY COUNCIL MINUTES April 22,2003 Claim Checks:Checks 18691 through 18908 issued on April4,2003 through April 18,2003 were approved for payment at the Council meeting held on April 8,2003 in the total amount of $1,356,226.12. Payroll:The payroll issued on April 11,2003 having been approved pursuant to the ruleof the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 30988 through 31164 in the total amount of $56,020.72. Payroll:The payroll issued on April18,2003 having been approved pursuant to the ruleof the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 31165 through 31172 in the total amount of $14,669.03./-"n, /&£EMPLOYEE PRESENTATIONS AWC WellCitv Award:The Association of Washington Cities gave the city a WellCity Award in recognition of its work-place health program. Maxine Ivory and Diana McKinsey,Wellness Coordinators,accepted the award at the AWC Academy in Leavenworth.The award will be formally presentedtothe city at AWC's 69th Conference in Spokane. To receivethis award acity must achieve a standard of excellence in employee health promotion and must meet a wide range of criteria. Maxine Ivory was presented with a certificate for excellence in employee health promotion.Diana McKinsey,Karen Wilson,Roxanne Reindl,and Dave Fornier will also receive certificates for their work on this project, CONSENT AGENDA J/0*/Accept Work -Well 18 Drilling:BJExploration and Drilling has completed the drilling of Well 18. The work should be accepted and the 45-day lien period entered into. /£?fa Resolution- Accept Improvements -Sage Vista Maior Plat:A resolution was presented which accepts the street and utility improvements constructed as part of the Sage Vista Major Plat. )inQ Resolution -Accept Grant -Police Department:A resolution was presented which accepts a grant 1 'from theWashington StateTraffic SafetyCommission in theamount of$3,000 for overtime funding for the "Click-It or Ticket"seat belt enforcement campaign. Action Taken:Dr.Covey moved that the Consent Agenda be approved,seconded by Mr.Shinn, and passed with Mr.Blessing abstaining from voting on the Sage Vista Major Plat. CONSIDERATION OF BIDS -None C*) PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS FARMERS'MARKET AND CRAFT BAZAAR\$'Z /lib The Columbia Basin Farmers'Market and Craft Bazaar has requested the use of$1,000 oftourism funds to help promote the Farmers'Market through increased newspaperadvertising,radio spots, and banners. Mr.Shinn declared an appearance of fairness issue and refrained from participation. Judy Spalding,Market Manager,stated that the Farmers'Market has grown since its inception and they would like to have better advertising. Dr.Covey,chairman of the Lodging and Tax Advisory Committee,mentioned that the Committee had recommended that the request from the Farmers'Market for $1,000 be granted.He mentioned that the Farmer's Market was informed that,in the future,the Tourism Commission would be a more appropriate body from which to request funds. Action Taken:Mr.Pearce moved that $1,000 from the second 2%hotel/motel tax be used for advertising forthe Farmers'Marketand Craft Bazaar and the city enter intoa contract forthe use of those funds,seconded by Dr.Covey,and passed unanimously. PARKING D.T.'s Computer Accessories has expressed concern about violations of the two-hour parking restrictions in the 200 block of Division Street.The Police Department reviewed the situation and found that in the past three years the Department has received 12 complaints and issued 29 parking infractions. Darrell Thomas,D.T.'s Computer Accessories,stated that there is still a problem with people parking morethantwo hoursat atime along Division Street. The main problem is classes given by Skillsourcesince their students and teachers parkonthe street for morethan 2 hours atatime. This reduces the number of parking spaces inthis area and creates a problemforthe merchants. He feltthat ifthe Police Department would continue to monitorthe situation itwould get better, but withthe classes being held all the time at Skillsource, itis an on-going problem. Fred Haynes,PoliceChief,mentioned thatthe department has issued parking citationsinthis area but the Police Officers cannot always check the area every two hours. n 5970 CITY COUNCIL MINUTES April 22,2003 Ida Deeds, 212 S.Division,D.T.'s Computer Accessories,pointedoutthat during the holidaysand while school was stillin session for Skillsource,customers were complaining about having to park two blocks away. There was some discussion by the Council concerning the parking inthe downtown area and the Police Department was requested to give the problem a higher priority. STANDARD VISUAL COMMUNICATION SYSTEM Several organizations met with the Lodging and Tax AdvisoryCommittee to request funds to (^engage a firm to standardize a visual communication system for Moses Lake.The Committee v_x recommended that funds be used to purchase a graphic design system from Casey Cram. Bob Russell stated that 15 years ago the Council approved $5,000 to develop the heron logo.In looking at updating a logo,it was felt that the entire range of visual images that Moses Lake presents should be considered.The various organizations using logos discussedthe issue and felt that there should be one image that is used by all entities to promote the city. CaseyCram,graphic designer,statedthatwith the improvements proposed toMosesLakethrough Vision 2020 and LelandConsulting,the city has the opportunityto create a brand identity for the city.Oncethe design is chosen, it will be putonthe web site so thatthe community would have the standard logo available for use. It was pointedout that this is not intended to replacethe city's official logo. There was considerable discussion by the Council. Shelly Glendenning pointed outthat a visual identity system, whichis being proposed for Moses Lake,generallyrunsaround$20,000 andthe proposedcost for Moses Lakeisabout$8,000.Ms. Cram has alreadyputina lotof time and workon this project and her credentialsareexcellent. There was additional discussion. ActionTaken:Mr.Pearce moved thatthis item betabled and Ms.Cram bring backsome examples of what can be done,seconded by Mr.Blessing,and passed unanimously. SIDEWALK REPAIR (j LeAnne Parton has requested that the building located at 823 W.Broadway be included inthe ^-^paver district. Ms.Parton stated that they will be addingon to the building and installing additional landscaping and would like it to tie in with the downtown decor. There was some discussion by the Council concerning the project and the possible cost. ActionTaken:Mr.Blessing moved thatthis itembe tabled until the next meeting,seconded by Mr. Pearce,and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -PARKING - 2nd READING An ordinancewas presented which provides forahandicap parking space on Beech Street in front of the Lakeview Apartments. The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations"was read by title only. Action Taken:Mr.Pearce moved that the second reading ofthe ordinance be adopted,seconded by Mr.Reese,and passed unanimously. ORDINANCE -VEHICLE IMPOUNDS - 2nd READING u An ordinance was presented which amends the regulations pertaining to vehicle impounds due to a recent decision ofthe Supreme Court. The ordinance amending Chapter 10.40 of the Moses Lake Municipal Code entitled "Vehicle Impounds After Certain Arrests and Citations"was read by title only. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. ORDINANCE -WATER/SEWER RATES -1st READING An ordinance was presented which increases the water and sewer rates. The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled"Water and Sewer Rates"was read by title only. /QV* /o^-p JO^y /O^ 5971 CITY COUNCIL MINUTES April 22,2003 Joseph K.Gavinski, City Manager,explained that theCouncil previously adopted a ordinance which provides for yearly increases in the water and sewer rates based on the December to December CPI. Mr.Pearce stated that increasing the water/sewer rates on a yearly basis will keep the fund solvent and provide the city with funds to do any necessary projects. Action Taken:Mr.Pearce moved that the firstreading of the ordinance be adopted,seconded by Mr.Blessing. There was somediscussion on the amount of money in the fund./""^ The motion passed with Mr.Shinn opposed as he felt there is sufficient money in the fund without needing an increase. )Q/Q ORDINANCE -AMEND 2003 BUDGET -1ST READING An ordinance was presented which amends the 2003 budget. The ordinance amending the 2003 budget forthe Cityof Moses Lake,Washington was read bytitle only. mi //?(*•/> Action Taken:Mr.Reese moved that the firstreading of the ordinance be adopted,seconded by Mr.Pearce,and passed unanimously. RESOLUTION -REVITALIZATION PLAN -VISION 2020 A resolution was presented which adopts and endorses the implementation strategy set forth in Phase I ofthe Moses Lake Revitalization Plan established by Vision 2020 Joseph K.Gavinski,City Manager,pointed outthat this resolution does not commit any funds from the city for this project,it is simply an adoption and endorsement of the plan. Mr.Tracy was concerned about adopting the plan sincethere are a couple of projects aboutwhich he would like additional information.He did not object to endorsing the plan. There was some discussion and the Council felt that "adopting and"should be removed from the title of the resolution. The resolution adopting and endorsing the implementation strategy set forth in Phase I of the Moses Lake Downtown Revitalization Plan was read by title only. Action Taken:Mr.Shinn moved that "adopting and"be removed from the title and the resolution be adopted,seconded by Mr.Blessing,and passed unanimously. RESOLUTION -BUILD ON UNPLATTED PROPERTY -BOUMA A resolution was presented which would allow Gene Bouma Development,Inc.to buildon property owned by Ardith L. Horak Trustee and Kathleen C.Jenny etal.The property is located on Seventh Avenue between Alder Street and Balsam Street.The resolution requires that the property be platted priorto the issuance of a Certificate of Occupancy. The resolution allowing Gene Bouma Development,Inc. to build on unplatted property owned by Ardith L.Horak Trustee and Kathleen C.Jenny etal was read by title only. Gilbert Alvarado,Community Development Director,stated that Gene Bouma Development is purchasing the property. Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Dr.Covey,and passed unanimously. //^•/j RESOLUTION -BUILD ON UNPLATTED PROPERTY -VISTA QUICK STOP A resolution was presented which would allow Gene and Shirley Clasen,owners of Vista Quick Stop,to place a 10'x 20'storage shed behind the Vista Quick Stop on property owned by ACRO, Inc.The property is located at 518 Valley Road./*-v The resolution allowing Gene and Shirley Clasen,owners of Vista Quick Stop,to buildon unplatted property owned by ACRO,Inc.was read by title only. Gene Clasen,ownerof Vista Quick Stop,stated that he has received permission from the property ownerto place a storage shed behind his business.The shed would be used to store milkcrates, pop crates,display bins,seasonal equipment,etc. Action Taken:Mr.Shinn moved that the resolution be adopted,seconded by Dr.Covey,and passed unanimously. n u u u CITY COUNCIL MINUTES REQUEST TO CALL FOR BIDS 5972 Aril 22,2003 2003 SEAL COAT PROJECT/2003 CRACK SEAL PROJECT Staff requested authorization to call for bids for the 2003Seal Coat Project.The project consists of seal coating approximately 13,000 linear feet of various citystreets. Joseph K.Gavinski,City Manager,statedthatthe Municipal Services Department would like to refinethe budget inorderto complete some projectsand delay others. Gerry McFaul,City Engineer,distributed information which showed that the2003 crack seal project and2003seal coat project were reduced from their original budgeted amount.During the crack seal project itwas discovered that Pioneer Way had 88%more cracks than anticipated.Staff would liketo increase the funding for the crack seal project and seal coat projects.These are important maintenance projects on streets.The alley overlays will probably notbestarted because of the uncertainty concerning the undergrounding of utilities and the storm sewer work can be delayed without creating any problems for the city.Those funds could be used for the crack seal andsealcoat projects.Sincetherewas nosealcoat project in 2002,staffis requesting thatthe city doa$300,000 sealcoat project in 2003,which will also cover thosestreetsoriginally proposed to be done in 2002. There was some discussion by the Council. Action Taken:Dr.Coveymovedthatthe requesttoincreasethe sealcoat project to$300,000and the crack seal project to $100,000 be approved,andstaffbe authorized to call for bidsfor the2003 seal coat project,seconded by Mr.Pearce, and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION VISION 2020 -AGREEMENT A Memorandum of Understanding betweenthe City ofMosesLakeandVision2020was presented. This Memorandum of Understanding acknowledges the partnership between the cityandVision 2020and recognizes Vision 2020's role as the organization spearheading the revitalization and rehabilitation in the city's downtown core. Action Taken:Mr.Pearce moved that the City Manager be authorized to sign the Memorandum of Understanding,seconded by Mr.Reese,and passed unanimously. PARK GARBAGE PICK-UP Staffsuggested thatthe city's cost for garbage orrefuse pick up in the park system be charged to the Sanitation Fund as a reimbursable,since this is a service provided to all the city's residents. Itcosts approximately $56,000 per year forthis service. Robert Bernd, Lakeside Disposal,informedthe Council that of that $56,000, Lakeside Disposal receives less than $10,000.The remaining is in internal fees,disposal fees,etc. Joseph K.Gavinski,City Manager,stated that the cost is split between direct costs, such as disposal fees,and labor costs. There was some discussion by the Council. Mr.Shinn was opposed to transferring allthe cost to the Sanitation Fund as he feltthat pickingup refuse in the parks is a function of the parks department and should not be charged to the sanitation fund. He might not be opposed to transferring the direct costs to the Sanitation Fund. Action Taken:Mr.Pearce moved that the budget be amended to allow garbage or refuse pick up in the park system to be paid out of the Sanitation Fund,seconded by Mr.Reese,and passed with Mr.Shinn and Mr.Blessing opposed. WATER/SEWER FUND -PUBLIC RESTROOMS The Water/Sewer Fund receives the rent for the use ofthe city's watertowers.This is money that is not paid by the rate payers.There is statutory authority for the expenditure of water/sewer funds for publicly owned restrooms on municipally owned property.Staff is suggesting the money from the rental funds be used to establish a public restroom construction program. There was some discussion by the Council. Action Taken:Mr.Shinn moved that rent from the use of the city's water reservoirs and towers be placed inthe Water/Sewer Construction Fund and be used for construction of publicrestrooms, seconded by Mr.Blessing,and passed unanimously. SO/?/l J/0 7 /o/o 5973 4 CITY COUNCIL MINUTES April 2, 2003lQ&3 REWARD The Police Chiefhasrequested approval tooffera reward of$3,500for information leading tothe arrest andconviction ofthose responsible for the assaultand robbery thattook place in the parking lot of Bob's Cafe located on Kittleson Road on March 23,2003.The resolution allowing the city to offer a reward stipulates that any reward over $2,500 must be approved by the Council. Because of the severity of the crime, it is requested that the reward amount be increased. There was some discussion by the Council. Action Taken:Mr.Shinn moved that the request to offer a reward in the amount of $3,500 beapproved,seconded by Mr.Reese,and passed unanimously.f'N 0g£PACIFIC RIM ETHANOL -FINDINGS The Findings,Conclusions, and Decision onthe matterofthe appeal ofthe conditional use permit for Pacific Rim Ethanol and the Mitigated Determination of Non-Significancewere presented for adoption by the Council. Mr.Tracy felt that the Findings, Conclusions, and Decision as drafted by staff are excellent and expresses the decision of the Council as related during deliberations. Action Taken:Mr.Reese moved that the Findings, Conclusions, and Decision be approved, seconded by Mr.Shinn, and passed with Dr.Covey and Mr.Blessing abstaining. jjZf ACCEPT WORK -RESERVOIR PAINTING PROJECT 2 iO Specialty Contractors and the city have come to a negotiated settlement on the Reservoir 4 andl<r<r I e painting project.The work should be accepted and the 45-day lien period entered into. Dr.Covey requested the history of this project. James A.Whitaker, CityAttorney,statedthatthe cityhad questioned the qualificationsof Specialty Contractors at the time of bidding.The city was contacted by their attorney who provided documentation showing that they met the city's minimum requirements for a bidder.Speciality Contractors was the low bidder for the project and they were awarded the bid.Speciality Contractors did a good job on removing the necessary material from the inside of the tank but they had problemswith the rehabilitation and painting part of the contract.The city spent more time on the first tank than for the entire contract period for both reservoirs.Because ofthetimeinvolved,^^^ the city declared Speciality Contractors in breach of contract and the city received a letter from their () lawyer declaring the city in breach of contract.Through negotiations an agreement was reached and the retainage money will be used to complete the warranty work on the first reservoir. Specialty Contractors is also not to bid on any more city reservoir projects. Action Taken:Mr.Shinn moved that the work be accepted and the 45-day lien period be entered into,seconded by Dr.Covey,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS //3f AMBULANCE REPORT The ambulance report for March 2003 was presented. /DOS INVESTMENT REPORT The investment report shows that the city received $18,659.90 in investment income for March 2003. Il5jjk SALES TAX/TRANSIENT RENTAL INCOME /fit "Joseph K.Gavinski,City Manager,reported that the city received $230,229.48 in salestax and $10,307.81 in transient rental income in March 2003. //Jb QUARTERLY FINANCIAL REPORT Joseph K.Gavinski,City Manager,distributed the financial report for the first quarterof 2003. /JJS QUARTERLY AIRPORT FINANCIAL REPORT Joseph K.Gavinski,City Manager,distributed the 2003 first quarter financial report for the Municipal Airport. /c;/J RETREAT REPORT Joseph K.Gavinski,City Manager,distributed a repbrt onthe Council/staff 2003 retreat. n kj u CITY COUNCIL MINUTES PERSONNEL REDUCTION-IN-FORCE 5974 April 22,2003 Joseph k. Gavinski, City Manager,reported that the city needs to reduce its Fire Department personnel by up to four members as previously discussed withthe Council. He mentioned that it may be possible to do this reduction in force through retirements. Dr.Covey wanted to know ifthe problem could be resolved without a reduction inforce. Mr.Gavinski did not feel there was any other option available at this time.The reducjK is a result of the settlement with the Fire Department and because of the econorp' pointed outthatthereisan opening in the Police Department thatwjU-alsoViotbelnl The reduction in force would probably affect the fire fighters,noj " The Council directed the City Manager to talk to the Fire D necessary reduction in force and report to the Council at The regular meeting was adjourned at 10:17 p.m. ATTEST: inance Director /09C u u u BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE APPEAL OF THE CONDITIONAL USE PERMIT FOR PACIFIC RIM ETHANOL,LLC AND THE MITIGATED DETERMINATION OF NON-SIGNIFICANCE NO.CUP 03-5 FINDINGS,CONCLUSIONS,AND DECI SION 1. A hearing was held upon proper notice before the City Council on April 8, 2003. These matters are before the CityCouncilon appeal.The CityCouncildeliberated on these matters on April 8 and April 15,2003.The appellantisthe Central Washing ton Building &Construction Trades Council and affiliated unions(BTC).Twoseparate matters were considered at the same time and by the same body,the City Council, pursuant to MLMC Chapter 20.11. 1.1 The Mitigated Determination of Non-Significance (MDNS)appealwas preliminar ily determined bythe City Council to be an open record appeal ofthe city staff and Washington Department of Ecology (DOE)joint decision to issue the MDNS for a proposed project of Pacific Rim Ethanol,LLC to construct an ethanol manufacturing plant and industrial wastewatermanagement facilities.DOE hasexclusivejurisdiction of certain potential environmental impacts of the project. 1.2 The Conditional Use Permit (CUP)appeal was a closed record appeal of the issuance ofaCUPbythe Planning Commission to Pacific Rim Ethanol,LLC to permit the construction ofan ethanol manufacturing plant and industrial wastewater manage ment facilities subject to the stated conditions. 1.3 Both appeals relate to the same proposed project and were required to be considered together for review. 1.4 The proposed ethanol manufacturing plantand industrial wastewater manage ment facilities are to be located upon property legally described as follows: That portion of Section 20, Township 19 North,Range 29 East, W.M., Grant County,Washington,described as follows: Commencing at the northeast cornerof said Section 20,from whichthe north west corner of said Section 20 bears North SQ^^d"West,5311.41 feet; thence North 89°25'55"West along the north line of said Section 20,a distance of 1353.16 feet to the true pointof beginning;thence continuing North89°25'55" West alongsaidnorthlineof Section 20, adistance of 942.18 feet;thence South 00°00'00M West,1975.98 feet;thence North 90o00'00"West,178.73 feet;thence South 00o00'00n West,157.32 feet;thence South gO^O'OO"East,47.71 feet; thence South OOWOO"West,167.51 feet;thence South 90o00'00"East,160.23 feet;thence North 00°00'00"East,185.50 feet;thence South QO^O'OO"East, 109.02 feet;thence North 00o23'34"East,182.93 feet;thence North 89o58'08" East,289.58 feet;thence North OO^O'OO"East,227.04 feet;thence South 90°00*00"East,85.38 feet;thence South 00°00'00"West,507.06 feet;thence North 90o00'00"East,139.58 feet;thence South OO^O'OO"East,314.42 feet; thence South 00°23'34"West,141.33 feet;thence North gOWOO"East,235.54 feet;thence South 02°20,36"East,285.19 feet;thence south 90°00'00"East, 21.00 feet;thence North 00°24'ir East,2943.65 feet,to the true point of beginning. and That portion of Section 29,Township 19 North,Range 29 East,W.M.,Grant County,Washington,described as follows: Page 1 of 5 Commencing at the north quarter corner of said Section 29,from which the northeast corner of said Section 29 bears South 89°16'05"East,2654.55 feet; thence South 00°28,47"West along the north/south center line of said Section 29,a distance of 262.70 feet;thence South 89031'13"East,a distance of7.51 feet to the true point of beginning;thence South 00°15'01"West,a distance of 1180.41 feet;thence South 89o10'59"East,a distance of 899.22 feet;thence North 00°15'01"East,a distance of 1242.29 feet to a point that bears South 84°07'59"East and a distance of 1758.84 feet from the northeastcorner ofsaid Section 29;thence South 86°52'42"West,a distance of 900.73 feet to the true point of beginning. 1.5 The parties to this appeal are: 1.5.1 The appellant on both matters is BTC,represented by Gerald Steel, attorney at law. 1.5.2 City staffand DOE, acting asthe co-lead responsible local officials, are the respondent as respects the issuance of the MDNS it issued and its conditions. 1.5.3 Pacific Rim Ethanol,LLC is the respondent as respects the appeal of the issuance of the Conditional Use Permit. 1.6 Evidence.The City Council considered the following evidence in connection with the open record appeal of the MDNS: 1.Testimony and argument from Gerald Steel. 2.Testimony and argument from John Williams. 3.Testimony and argument from Gilbert Alvarado,Community Development Director. 4.Testimony and argument from Gary Harer,Municipal Services Director.f) 5.Testimony and argument from Lori Barlow,Associate Planner. 6.Testimony and argument from David Helms,Fire Chief. 7.Testimony and argument from Steven Johnston on behalf of Pacific Rim Ethanol,LLC. 8.Testimony and argument from Heidi Scheibner of DOE. 9.Testimony and argument from Doug McKenzie on behalf of Pacific Rim Ethanol,LLC. 10.Written comments and evidence submitted by Gerald Steel. 11.Written materials from John Williams. 12.Written materials submitted by city staff in support of the MDNS,the bound materials provided to the City Council,were in addition to materials submitted to the Planning Commission in connection with the CUP hearing. 13. Traffic Study prepared by JUB Engineering.f) The City Council considered the following evidence in connection with the closed record appeal of the CUP: 1.The record from the open record hearing before the Planning Commission consisting ofthe audio tapes of testimony atthe Planning Commission hearing, the video tape submitted by Gerald Steel,all written materials submitted to the Planning Commission and all exhibits entered by the Planning Commission. Page 2 of 5 n The City Council heard the argument of Gerald Steel,John Williams,Doug McKenzie and Steven Johnston on the CUP hearing record. 2.FINDINGS AND CONCLUSIONS. Based uponthe evidence presentedto them, the City Council makes the following findings and conclusions: 2.1 The City Council has the power in its review of the MDNS issued by citystaff ^J and the CUP authorized by the Planning Commission to considerthe application of applicable law totheissue being reviewed.Citizens to Preserve Pioneer Park LLC v.Cityof MercerIsland,106Wn.App. 461 (2001). 2.2 To have standingto challengethe MDNS,BTChasto meet the two-part test for determining whether a person or entity has standing to challenge a State Environmental Policy Act (SEPA)determination.That two-part test is that interest BTCisseeking to protectmust be arguably within the zone of interests to be protected or regulated by SEPA,and BTC must allege injury in fact,that is,that BTCwill be specifically and perceptibly harmed by the proposed action. BTC has failed to establish itrepresents any person orentityowingoroccupying landwhichwill be impacted by any potential significant adverse environmental impact of this Pacific Rim Ethanol,LLC proposed project.An alleged injury which is merely conjectural or hypothetical does not confer standing under Andersonv.Pierce County,86Wn.App. 290 (1997).There isno evidence inthe record before the City Council whether inthe open hearing evidence or in the closed hearing recordthat establishes the required standing. 2.3 To have standingto challengethe CUP,BTChas to meet the LandUse Petition Act requirement that "another person aggrieved or adversely affected by the land use decision"must demonstrate that thedecision has prejudiced oris likely to prejudice that person.RCW 36.70C.060(2)(a).BTC has failed to place into ^the record evidence ofan interest sufficient tosupport standing tosue and being more than simply the abstract interest of the general public in having others comply with the law.BTC must allege injury in fact,that is, that BTC will be specifically and perceptibly harmedbythe proposed action.BTChas failed to establish itrepresents any person orentity owingoroccupying land which will be impacted by any potential significant adverse impact of this Pacific Rim Ethanol, LLC proposed project.Chelan County v.Nykreim,146 Wn.2d 904 (2002). 2.4 Notwithstanding the foregoing findingsand conclusions of a lackof standing by appellant,the CityCouncil without waiving the lackof a legalbasis for appellant to obtain relief before the CityCouncil,has determined the merits of the issues ofthese appeals by BTC. 2.5 The fact that the Pacific Rim Ethanol,LLC proposed project is complex does not foreclose use of an MDNS.The MDNS will be sustained unless the evidence submitted in connection with the appeal established that a continuing probable significant adverse environmental impact remains after application of the mitigation measures.WAC 197-11-350.The evidence submitted by the appellant fails to meet that burden.The MDNS issued by city staff and DOE identifies probable significant adverse environmental impacts and mitigates those identified probable significant environmental impacts with measures [^_J reasonable andcapableof being accomplished. 2.6 The challenge to the MDNS on the basis of a claimed failure to account for fuel truck accidents should be denied.The evidence from the Municipal Services Department,the Fire Department and all other related comments indicate the mitigation measures in this regard are adequate to comply with WAC 197-11- 350.The materials produced by city staff,agency comments and DOE and reviewed bythe City Council in this appeal establishes that there is no continu ing probable significant adverse environmental impact of the proposed project related to fuel truck accidents. Page 3 of 5 2.7 The challenge to the MDNS on the basis of a claimed failure to consider trains to carry product as opposed to trucks should be denied.The MDNS has adequately mitigated the probable issues related to truck transport and this is an unnecessary mitigation.The materials produced by BTC and reviewed by the City Council in this appeal fail to establish a continuing probable significant adverse environmental impact because ofthe lack ofa review ofthe alternative of rail transport for product. 2.8 The challenge to the MDNS on the basis of a claimed failure to consider air quality impactsshould bedenied.The materials produced by BTC and reviewed by the City Council inthis appeal fail to establish a continuing probable signifi cantadverse environmental impact related to airqualityrelated to truck transport of product. DOE as a co-lead jurisdictional agency has through the MDNS power to enforce its mitigation measures in excess of its stated agency power by statute and rule. 2.9 The challenge to the MDNS on the basis of a claimed failure to account for fire, spill and explosion on site should be denied.The evidence from the Municipal Services Department,the Fire Department and all other related comments indicate the mitigation measures in this regard are adequate.The materials produced by city staff,agency comments and DOE and reviewed by the City Council inthis appeal establishes that there isno continuing probable significant adverse environmental impact of the proposed project related to fire,spill and explosion on site. 2.10 The challengeto the MDNS on the basis ofa claimed severe impact on the city's water supply should be denied.The materials produced by BTC and reviewed by the City Council in this appeal fail to establish a continuing probable signifi cant adverse environmental impact related to the city's water supply.The statements put forth by BTC are actually contrary to the information the City Council has received from its staff in connection with its annual review of the ^^ city's water system,including its water supply.f) 2.11 The challenge to the MDNS on the basis of cumulative significant adverse environmental impacts should be denied.The materials produced by city staff, agency comments and DOE and reviewed by the City Council in this appeal establishes that there is no continuing probable significant adverse environmen tal impact ofthe proposed project related to the impacts ofthis proposed project. There are 29 specific mitigations required in 8 separate impact areas. 2.12 The MDNS is sustained and the appeal of BTC to the issuance of the MDNS should be denied. 2.13 The appeal of BTC to the issuance ofthe CUP is based in part upon a claim the environmental review fails to support the issuance ofthe CUP. By sustaining the MDNS and finding it sufficient,that basis of BTC's appeal of the CUP is disposed of.The appeal of BTC to the issuance ofthe CUP on environmental issues related to the MDNS should be denied. 2.14 BTC challenges the issuance ofthe CUP on the basis the Planning Commission failed to read or properly consider all the written materials of the BTC before making its decision.The record,when taken as a whole,indicates the sub stance ofthewritten materials submitted by BTC was considered and discussed in the Planning Commission hearing anddecision. There isnomerittothe claim f) of abuse of process or proceeding by the Planning Commission inthe consider ation of the position of the BTC in opposition to the issuance of the CUP contained initswritten materials.The appeal of BTC to the issuance ofthe CUP on a challenge that the evidence contained in its written materials was not considered by the Planning Commission should be denied. 2.15 RCW Chapter 36.70B and MLMC title 20 require the cityto process land use applications on a parallel time basis to the fullest extent possible. There is no prejudice to BTC inthat the Planning Commission approval of the CUP was Page 4 of 5 n w ^ conditioned on the satisfactory completion of any review of the MDNS.Each process has been given full review as required by law and those reviews have proceeded apace in compliance with the law.The appeal of BTCto the issu ance of the CUP on a claim of an irregularity in the process by issuance of a CUP conditioned on a separate review of the MDNS should be denied. 2.16 The issuance of the CUP is supported by the evidence in the complete record ofthe proceeding before the Planning Commission.The issuance ofthe Pacific Rim Ethanol,LLC CUP should be sustained. 3.DECISION. From the foregoing findings and conclusions, the City Council makes the following determinations and decisions: 3.1 3.2 The Central Washington Building &Construction Trades Council and affiliated unions lack standing to bringthis appeal on either the MDNS or CUP issue and its appeals are denied for lack of standing. The MitigatedDetermination ofNon-Significance issued bythe citystaff and the Washington Department of Ecology as co-lead agency is sustained and the appeal is denied. The Co the cific Rim Ethanol,LLC is sustained and Approved n April 22,2003. Larry Tracy Deputy M Page 5 of 5