2007 03 276502
MOSES LAKE CITY COUNCIL
\^J March 27,2007
Council Present:Ron Covey,Jim Liebrecht,Bill Ecret, Jon Lane,Dick Deane,Brent Reese,and
Richard Pearce
PLEDGE OF ALLEGIANCE: Mayor Covey led the Council in the pledge of allegiance.
MINUTES:Mr.Pearce moved that the minutes of the March 13,2007 meeting be approved,
seconded by Mr.Ecret, and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Action Taken:Mr.Liebrecht 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 RCW 42.24.080,and those
expense reimbursement claims,certified as required by RCW 42.24.090, have been recordedon
a listing which has been made available to the Council for approval and is retained for public
inspection at city hall.
As of March 27,2007 the Council does approve for payment claims inthe amount of$553,209.43;
prepaid claims in the amounts of $1,710.88 and $15,566.81;checks in the amount of $2,202.50;
and payroll inthe amount of $41,217.04.
[^J PRESENTATIONS AND AWARDS
JAPAN AIRLINES DONATION
Mako Oshima,Administration Director,and Kazuo Noda,Senior Director,of Japan Airlines
presented a $2,000 check to the city.The funds are to be used in the Parks and Recreation
Department.
CONSENT AGENDA
Ordinance - Creating Chapter 1.20 -2nd Reading:The ordinance creating Chapter 1.20 of the /ZO£
Moses Lake Municipal Code entitled "Administrative Enforcement"was presented.
Ordinance -Amending Chapter 5.04 -2nd Reading:The ordinance amending Chapter 5.04 ofthe /Ok3
Moses Lake Municipal Code entitled "Licensing Regulations"was presented.
Ordinance -Amending Chapter 6.05 -2nd Reading:The ordinance amending Chapter 6.05 ofthe //->o
Moses Lake Municipal Code entitled "Animal Control"was presented.
Ordinance -Amending Chapter 8.08 -2nd Reading:The ordinance amending Chapter 8.08 of the //°^
Moses Lake Municipal Code entitled "Garbage Collection"was presented.
Ordinance -Amending Chapter 8.14 -2nd Reading:The ordinance amending Chapter 8.14 ofthe //^
Moses Lake Municipal Code entitled "Nuisances"was presented.
^-^Ordinance -Amending Chapter 8.20 -2nd Reading:The ordinance amending Chapter 8.20 of the //S3
Moses Lake Municipal Code entitled "Weed Control"was presented.
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CITY COUNCIL MINUTES March 27,2007
//S3 Ordinance -Amending Chapter 8.22 -2nd Reading:The ordinance amending Chapter 8.22 ofthe
Moses Lake Municipal Code entitled "Noxious Weed Control"was presented.
//S3 Ordinance -Amending Chapter8.28 -2nd Reading:The ordinanceamending Chapter8.28 ofthe
Moses Lake Municipal Code entitled "Noise Control"was presented.
j/53 Ordinance -Amending Chapter 8.50-2nd Reading:The ordinance amending Chapter 8.50ofthe
Moses Lake Municipal Code entitled "Residential Vehicle Storage"was presented.
)/o~3 Ordinance -Amending Chapter 8.54 -2nd Reading: The ordinance amending Chapter 8.54 of the
Moses Lake Municipal Code entitled "Abandoned Vehicles and Junk"was presented.
J02 7 Ordinance -Amending Chapter 10.36 -2nd Reading:The ordinance amending Chapter 10.36 of
the Moses Lake Municipal Code entitled "Junk Vehicles"was presented.
//Lp/Ordinance -Amending Chapter 12.08 -2nd Reading: The ordinance amending Chapter 12.08 of
the Moses Lake Municipal Code entitled "Community Street and Utility Standards"was presented.
//W Ordinance- Amending Chapter 12.20 -2nd Reading: The ordinance amending Chapter 12.20 of
the Moses Lake Municipal Code entitled "Snow Removal"was presented.
//(&/Ordinance -Amending Chapter 12.28-2nd Reading:The ordinance amending Chapter 12.28of
the Moses Lake Municipal Code entitled "Fences,Walls,and Hedges"was presented.
/o 7o"Ordinance -Amending Chapter 13.04 -2nd Reading:The ordinance amending Chapter 13.04 of
the Moses Lake Municipal Code entitled "Sewer Regulations"was presented.
JQ7^r Ordinance -Amending Chapter 13.07 -2nd Reading:The ordinance amending Chapter 13.07 of
the Moses Lake Municipal Code entitled "Water Regulations"was presented.
/d?^Ordinance -Amending Chapter 13.09 -2nd Reading: The ordinance amending Chapter 13.09 of
the Moses Lake Municipal Code entitled "Cross Connection Control"was presented.
)0§l Ordinance -Amending Chapter 17.44 -2nd Reading:The ordinance amending Chapter 17.44 of
the Moses Lake Municipal Code entitled "Violations"was presented.
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.//OS?Ordinance -Amending Chapter 18.10:The ordinance amending Chapter 18.10 ofthe Moses Lake
Municipal Code entitled "Citywide Regulations"was presented.
/psf Ordinance -Amending Chapter 18.57 -2nd Reading:The ordinance amending Chapter 18.57 of
the Moses Lake Municipal Code entitled "Landscaping"was presented.
/0^df Ordinance -Amending Chapter 18.58 -2nd Reading:The ordinance amending Chapter 18.58 of
the Moses Lake Municipal Code entitled "Signs"was presented.
.;OSc/Ordinance -Amending Chapter 18.65 -2nd Reading:The ordinance amending Chapter 18.65 of
the Moses Lake Municipal Code entitled "Manufactured Home Parks"was presented.
/O'sf Ordinance -Amending Chapter 18.67 -2nd Reading:The ordinance amending Chapter 18.67 of f^^)
the Moses Lake Municipal Code entitled "Personal Wireless Service Facilities"was presented.
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CITY COUNCIL MINUTES March 27, 2007
Ordinance -Amending Chapter 18.80 -2nd Reading:The ordinance amending Chapter 18.80 of JO*Y
the Moses Lake Municipal Code entitled "Hearing Examiner"was presented.
Ordinance -Creating Chapter 18.88 -2nd Reading:The ordinance creating Chapter 18.88 ofthe JOtr?
Moses Lake Municipal Code entitled "General Administrative and Enforcement" was presented.
Ordinance -Amending Chapter 20.03-2nd Reading:The ordinance amending Chapter 20.03 of J&J/
the Moses Lake Municipal Code entitled "Administration"was presented.
Accept Work -Driggs Drive Water Main Reconstruction Proiect:Desert Rock Excavations,Inc.has //b k
completedthe Driggs Drive Water Main Reconstruction.The workshouldbe accepted andthe45-
day lien period entered into.
Aoron Corporation -Wastewater Discharge Permit:Agron Corporation no longer discharges /^'
effluent that requires a discharge permit from the Department of Ecology or the city.The
Department of Ecology canceled their discharge permit andstaffrequestedauthorization to cancel
the city's discharge permit forAgron.
Resolution -Accept Improvements -Barrinoton Point -1 Major Plat:A resolution was presented J^&
which accepts the improvements constructed as part of the Barrington Point -1 Major Plat.
ActionTaken:Mr.Lane moved thatthe Consent Agenda be approved,seconded by Mr.Liebrecht,
and passed unanimously.
{^J COMMISSION APPOINTMENTS
PARKS AND RECREATION COMMISSION
Mayor Covey requested Council confirmation ofthere-appointments ofBette Lang and Hilda Grant
to the Parks and Recreation Commission.
Action Taken:Mr.Pearce moved that the re-appointments of Bette Lang and Hilda Grant to the
Parks and Recreation Commission be confirmed,seconded by Mr.Ecret,and passed unanimously.
CONSIDERATION OF BIDS
AQUATIC CENTER EXPANSION
The city received twobids for the Moses Lake Aquatic Center Expansion Rebid.The bidscame
in over budget.
Joseph K.Gavinski,City Manager,stated that city staff investigated funding for this project.He
mentioned that the city can borrow internally to coverthe extra expense.He pointed out that
internal borrowing may result in the delay of other projects suchas paving in Longview Tracts and
the reconstruction of Peninsula and Lakeshore Drives.Those project would be delayed until the
funds are replaced by increases in sales tax, an increase in the tourism funds,etc. Staff also
recommended that the bid on the lazy river portion be negotiated with the contractor.
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There was considerable discussion by the Council.
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CITY COUNCIL MINUTES March 27,2007
Action Taken:Mr.Peace moved that the bid beawarded to Kilgore Construction,Inc.in the amount
of $3,606,623.32,seconded by Mr.Liebrecht.
There was some discussion concerning the possibilityof negotiating a lowerpriceonthe flowrider.
The motion passed unanimously.
/Oil ONE TON CAB AND CHASSIS
The city received one bid for a one ton cab and chassis. This truck will assist the Street Division
with paint striping,paver repairs,sign repairs,and other street maintenance work.
Action Taken:Mr.Liebrecht moved that the bid be awarded to Discovery Ford in the amount of
$30,862,seconded by Mr.Lane, and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
ORDINANCE - KUNZE FARMS/HANSEN ZONE CHANGE -2nd READING/PUBLIC HEARING
An ordinance was presented which established the zoning for the recently annexed Kunze
Farms/Hansen property located west of Fairway Drive and south of 1-90.The property west of
Fairway Drive is proposed to be zoned R-1,Single Family Residential, and the propertysouth of
I-90is proposed to be zoned C-2, General Commercial and Business.
The ordinance amending Section 18.09.040 of the Moses Lake Municipal Code was read by title
only.
The public hearing was opened.There were no comments.
Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Deane,and
passed unanimously.
Action Taken:Mr.Pearce moved that the second reading ofthe ordinance be adopted,seconded
by Mr.Ecret, and passed unanimously.
,Q$f ORDINANCE -SCHNEIDER HOMES ZONE CHANGE -2nd READING
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^'An ordinance was presented which established the zoning for the recently annexed Schneider
Homes property located in Cascade Valley.The property is proposed to be zoned R-2,Single
Family and Two Family Residential.
The ordinance amending Section 18.09.040 of the Moses Lake Municipal Code was read by title
only.
Mayor Covey explained that the Council will only be considering the zoning of the property and
development issues,traffic issues,etc.will not be addressed.
Joseph K.Gavinski,City Manager,explained that both the county and city were mandated to plan ^^^
under the Growth Management Act. An UrbanGrowthArea was established forthe city,consistent f)
with the county plan,and that area included Cascade Valley.He explained the history of the
annexation ofthe Schneider property to the city.The Council has adopted an ordinance annexing
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CITY COUNCIL MINUTES March 27, 2007
V,)property in Cascade Valley to the city.The issue before the Council at the present time is the
zoning of the property which must correspond with the land use designations in the city's
Comprehensive Plan.The land use designation is medium density residential which corresponds
to the city's R-2 Zone, Single Familyand Two FamilyResidential, which is the proposed zone for
this property.
There was some discussion by the Council concerning zoning and the compatibility of the city's
zoning and the county zoning.
The public hearing was opened.
MikeWoywod, 8358 DiamondPointCircle,stated thatthey enjoy the rural environment inCascade
Valley and the amount of development proposed is a concern. He is not opposed to growth but
was concerned about the density that is allowed by the current zoning.
Carrie Galbraeth,8487 Diamond Point Circle,stated that shewas concerned aboutthe density and
the ability ofthe citytoaddress the issues as the areagrows including the safety of children,traffic,
narrow roads, and the impact on the schools.She felt that the density should be limited.
Wayne Morgan stated that he is concerned aboutthe ability of emergency personnel to respond
if there were an accident on Valley Road which blocks access to the rest of Cascade Valley.
Ron VanNurden,8251 Kestrel DriveNE,stated that he hasvoiced his concerns aboutdevelopment
inCascade Valley since the annexationwas proposed. Hewanted to know why the city's name
M isonthe suitthatwas filed in Kittitas County againstthe Boundary Review Board for denying the
annexation request.
James A.Whitaker,CityAttorney,stated thatthe citywas named as a plaintiff bythe party who filed
the law suit.
Phil Grosso,Schneider Homes, stated that there are no plans fora manufactured home parkon
this property.The project is proposedto be a planned unitdevelopment whichwill include open
space,recreational facilities,curbs, gutters, sidewalks, and citywater and sewer.
Maria Huff,8314 Teal Road,was concerned that a manufactured home parkwould be allowed on
propertywithin the citywhich could not be stopped by the adjacent propertyowners.
Jason Anderson, 149 Carswell Drive,pointedout that everything has been broughtup except the
zoning. The zoning is the same inthe county as inthe city.
ActionTaken:Mr.Pearce moved that the publichearing be closed,seconded by Mr.Reese,and
passed unanimously.
Action Taken:Mr.Deane moved that the second reading of the ordinance be adopted,seconded
by Mr.Liebrecht.
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There was some comments by the Council.
The motion passed unanimously.
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CITY COUNCIL MINUTES March 27,2007
/(&£SPRING CLEAN UP
Lakeside Disposaland Recycling Co. proposed the annual springclean up for the week of April 9,
whichcorresponds withthe city'stree brush/chipping program.The citywould pickupthe cost for
the additional disposal, partof the promotional expense,and a share of the additionaltruck and
driver expense.
ORDINANCES AND RESOLUTIONS
/Oft!ORDINANCE -CREATE BINDING SITE PLAN -2nd READING
An ordinance was presented which creates a new chapter for binding site plans.
The ordinance deleting Chapter 17.26 of the Moses Lake Municipal Code entitled "Binding Site
Plan"and creatingChapter 17.25 of the Moses Lake Municipal Code entitled "Binding Site Plan"
was read by title only.
Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded
by Mr.Liebrecht,and passed unanimously.
/Ol^ORDINANCE -AMEND WATER/SEWER RATES -2nd READING
An ordinance was presented which amends the water and sewer rates inthe city.
The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water and
Sewer Rates"was read by title only.
Action Taken:Mr.Deane moved that the second reading of the ordinance be adopted,seconded
by Mr.Ecret, and passed unanimously.
jQ^t ORDINANCE -JORGENSEN/MCCONKIE ANNEXATION II -1st READING
An ordinance was presented which annexes property owned by Ken and Marilynne Jorgensen and
Sharon McConkie.The property is located south of Nelson Road and adjacent to the Hayden
Campus Major Plats.The property will be zoned R-1,Single Family Residential.
The ordinance annexing property commonly known as the McConkie/Jorgensen II property, to the
City of Moses Lake,Washington,and incorporating the same within the corporate limits ofthe City
of Moses Lake,and which provides for the assumption ofexisting indebtedness was read by title
only.
Action Taken:Mr.Deane moved that the first reading ofthe ordinance be adopted,seconded by
Mr.Lane,and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
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CITY COUNCIL MINUTES March 27, 2007
^_J OTHER ITEMS FOR COUNCIL CONSIDERATION
FLOATING FISH PIER -BLUE HERON PARK
The Columbia Basin Walleye Club proposed the construction of a multi-use floating fishing pierat
Blue Heron Park.The value of the completed project is approximately $100,000.The Club
requested approval from the CityCouncil to continue witha study for the pierat Blue Heron Park.
The Club will provide the funds to purchase the basic pierand work with city staff to support the
design, purchase and installation of the pier.The city would ultimately accept ownership of the
completed project. The citywold have to acquirethe necessary permits and construct the concrete
abutment to attach the piertothe shoreline.The Parks and Recreation Commission recommended
that this project be approved.
DavidSmith, 4222 W.Lakeshore Drive,representing the Columbia Basin Walleye Club,stated that
the Club has been discussing this project fora number of years.The dock and pier will be ADA
accessible and include railings and bumpers. The dock and pierwill be removable during the winter
months.He mentioned that no boats would be allowed to moor at the pier.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved the staff be directed to work with the Columbia Basin Walleye
Club on the floating fishing pier,seconded by Mr.Ecret, and passed unanimously.
REC SOLAR GRADE SILICON -ANNEXATION
Notices of Intentionto Commence Annexation Proceedings were previously receipted withregard
to property owned by REC Solar Grade Silicon LLC and Guardian Fiberglass,Inc.A Notice of
Intention to Commence Annexation Proceedings was presented by the cityon behalf of National
Frozen Foods.
Action Taken:Mr.Ecret moved that the Notice of Intent for National Frozen Foods be receipted,
seconded by Mr.Lane, and passed unanimously.
ActionTaken:Mr.Lane moved that the Notices of Intentbe accepted,seconded by Mr.Deane, and
passed unanimously.
FIELD OF DREAMS MAJOR PLAT -STREET IMPROVEMENTS fq
Philip Bloom,Columbia Northwest Engineering,requested the city's participation in the \lW
improvements to Paxson Drive and Malaga Street required as part ofthe Field of Dreams Major
Plat. The estimated the cost to the citywould be about $115,000.
Gary G.Harer,Municipal Services Director,stated that street improvements are required onMalaga
Street and Paxson Drive. He mentioned that as a result of recent court cases,ifa existing street
is in place,the developer is only responsible to improve half ofthe street.In order to obtain full
width street improvements,the developer can improve the street full width and request
reimbursementorrequest the cityto participate in the street improvements.
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CITY COUNCIL MINUTES ]March 27,2007
James A. Whitaker, City Attorney, stated that Malaga is a city street dedicated prior to the
submission of the Field of Dreams plat. The developer is only responsible for half width street
improvements.
Joseph K.Gavinski,CityManager,pointedoutthatthe cityobtained Malaga Street inthiscondition
from the county upon annexation of this area by the city.
Mr.Harer stated that ifthe city does not participateinthe street improvements,the developer will
probably request a deferral of the street improvements.
There was some discussion bythe Counciland itwas recommended thatthe developer be relieved
of the responsibilityto develop Paxson Drive providedthe developer fully improves Malaga.
TOEVS VACATION
A ordinance was presented which amends the ordinance vacating Toevs Avenue by deleting the
requirement to compensate the city forone halfthe appraised value of the vacated street.
The ordinance amending Ordinance 2268 vacating a portion of Toevs Avenue was read by title
only.
Action Taken:Mr.Deane moved that the Toevs Avenue vacation be removed from the table,
seconded by Mr.Lane,and passed unanimously.
Bob Bernd,representing the church,stated that the church stillfeels that the city should waive the
requirement for reimbursement of the vacated right-of-way.If the city determines that
reimbursement is required,then the church requested the city re-appraise the vacated property
using only the assessed value of the recently purchased vacant 5 acre parcel.
There was some discussion on the various amounts used in calculating the required
reimbursement.
Brian Henninger,representing the church,stated that he felt itis the rightthing for the city to waive
the reimbursement requirement.
Tom Porter,representing the church,pointed out that the RCW's state that the city may require
compensation for the vacated portion ofthe right-of-way but the city does not have to require that
reimbursement.
Dick Ross,representing the church,pointed out that the church cannot raise fees to cover its cost
and would request the city waive the reimbursement fee.
Action Taken:Mr.Pearce moved that reimbursement forthe vacated property be set at $.37 per
square foot,seconded by Mr.Lane.
Mr.Pearce pointed out that the property was dedicated to the city to facilitate the development of
the property and that the city has incurred some expense on this property over the past 47 years.
He stated that the $.37 per square foot for the reimbursement is a compromise between the $.20.9
requested by the church and the $.45 for the adjacent property.(^*)
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CITY COUNCIL MINUTES March 27,2007
\^J There was some discussion by the Council.
The motion passed unanimously.
MAIN STREET VACATION
Gordon Beeman and David Hendricks requested the Council re-consider the requirement for
reimbursement to the city for the vacation of Main Street.
Action Taken:Mr.Lane moved that the request be removed from the table,seconded by Mr.
Liebrecht,and passed unanimously.
ActionTaken:Mr.Pearce moved that the request be denied,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
EQUIPMENT RENTAL BUDGET
Joseph K.Gavinski, City Manager,stated that staff is requesting a $25,000 increase to the
IJ Equipment Rental Division in order to purchase a used cab and chassis for use in the Fire
Department.
Action Taken:Mr.Ecret moved that the request be granted,seconded by Mr.Lane, and passed
unanimously.
HAZARDOUS WASTE COLLECTION
Joseph K. Gavinski, City Manager,stated that Grant County will hold a Household Hazardous
Waste Collection on Saturday,May 12 at the Moses Lake Aquatic Center parking lot.
BROADWAY/ALDER -TRAFFIC CONTROL
GaryG.Harer,Municipal Services Director,explained thatthe request to allowthe middlelane of
Alder Street to turn rightonto Broadway would back up the traffic on the Alder Street Fill.The
existing configuration allows trafficto flow more freely.
Mr.Deane requested the city investigate the traffic problems created by vehicles going straight
through the Broadway intersection and then tryingto turn left intoTaco Time.
PENINSULA/LAKESHORE RECONSTRUCTION
Joseph K.Gavinski,CityManager,stated thatthe cityapplied for grantstocoverthe cost ofthe re
construction of Peninsula and Lakeshore Drives.Since it is unlikely that the city will be awarded
i J any grant funds,the city will be required to pay for the total cost ofthe project.Staff is suggesting
^-^that the project be done in phases.
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CITY COUNCIL MINUTES March 27,2007
Gary G.Harer,Municipal Services Director,stated that the first phase would be on Peninsula at
Wanapum and go south.Most of this area is vacant and the additional right-of-way needed should
be fairly easy to obtain.By budgeting $500,000 to $700,000 each year it will take approximately
4 years to complete Peninsula Drive.Lakeshore will be more difficult because there is more
development on each side of the street and so the required right-of-way will be more difficult to
obtain.
The regular meeting was adjourned at 10:20 p.m.
ATTEST:Ronald C.Covey,Mayor
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Rdfiald R. Cone,Finance Director
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