2007 06 266553
MOSES LAKE CITY COUNCIL[^J June 26,2007
Council Present:Ron Covey,Bill Ecret,Dick Deane,Richard Pearce,Brent Reese, and Jim
Liebrecht Absent:Jon Lane
PLEDGE OF ALLEGIANCE:Mayor Covey led the Council inthe pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes of the June 12,2007 meeting be approved,seconded
by Mr.Reese,and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims, and payroll issued be
approved,seconded by Mr.Deane, and passed unanimously.
Vouchers audited and certified bythe Finance Director as required by RCW 42.24.080, and those
expense reimbursement claims,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 June 26,2007 the Council does approve for payment claimsinthe amount of $564,911.72;
prepaid claims in the amounts of $40,783.45 $63,833.26,and $36,772.85;checks in the amount
of $1,261,390.87;and payroll inthe amount of $67,517.22.
(^)PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Resolution -Accept Improvements -Baron Estates #2 Maior Plat:A resolution was presented //»?&?
which accepts improvements constructed as partof the Baron Estates #2 Major Plat.
Resolution -Accept Improvements -Pioneer Way Development Short Plat:A resolution was /£>6?
presented which accepts improvements constructedas part ofthe PioneerWay DevelopmentShort
Plat.
Resolution -Accept Improvements -The Crossing Short Plat:A resolution was presented which //=?6?
accepts improvements constructed as part ofThe Crossing Short Plat.
Fielding/McDowall Annexation -Petition:The Petition for Annexation from Megan Fielding and Neil /O^P
McDowall was presented for the annexation ofapproximately 24 acres of property on Grape Drive.
Action Taken:Mr.Reese moved that the Consent Agenda be approved,seconded by Mr.Pearce,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
WELL DRILLING PROJECT -2007
The city received four bids for drilling Well 19at Moses Pointe and Well 31 atWestlake.______
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CITY COUNCIL MINUTES June 26, 2007
Action Taken:Mr.Liebrecht moved that the bid for the well drilling be awarded to Blue Star
Enterprises Northwest in the amount of $788,425.30,seconded by Mr.Reese,and passed
unanimously.
EASTLAKE BOOSTER PUMP STATION/STREET IMPROVEMENTS
The city received no bids for the Eastlake Booster Pump Station and improvements to Eastlake
Drive and Bailey Avenue,and staffwas authorized to contact interested contractors and negotiate
a price for the work.
Gary G. Harer, Municipal Services Director,stated that the low bidder has not been able to obtain
approval for a performance bond for the project within the past two weeks and has not
communicated with the city about the bond.Staffrecommended that thework be awarded to Jahns
Pipe Construction.
Action Taken:Mr.Pearce moved that the work be awarded to Jahns Pipe Construction in the
amount of $681,662.93,seconded by Mr.Ecret, and passed with Mr.Liebrecht opposed because
the project is over budget.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
l/(,(s DUNE LAKES PUD -CONNECT TO SEWER
Dune Lakes LLC requested that Phases 2-11 be allowed to connect to city sewer as the phases
are developed.It is anticipated that it could take 20 to 30 years for complete build out of the
project.This property is outside of the city's UGA.
Joseph K.Gavinski, City Manager,stated that the city does not extend its utilities outside of the
UGA. Ifthe Council were to approve the request,the propertywould need to be included inthe
UGA.
Larry Angell,Columbia Northwest Engineering,representing the project,stated that there are
several issues that need to be discussed and resolved with regard to this request.
There was some discussion by the Council and staff was directed to discuss the issue with Dune
Lakes LLC. The Council will hold a study session when some of the issues have been resolved.
,,,,0 SENIOR CENTER
Moses Lake Senior Opportunity and Services requested an additional $5,000 to help cover
increased expenses.
Joseph K.Gavinski,City Manager,stated that the city hasa contract with the Senior Center to
cover the cost of recreational services for seniors. The cityhas been paying $10,000 forseveral
years.
Elwood Dart,Presidentofthe Board,stated that the lackof sales from the thrift store and the cold
weather in January and February has reduced their ability to pay their bills and they would ^^^
appreciate any help the city could provide.He mentioned that they serve Moses Lake,Warden,()
and Mattawa but their membership is dropping.
ActionTaken:Mr.Liebrechtmoved thatthe request for an additional $5,000 for 2007 be granted,
seconded by Mr.Reese.
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vj Mr.Pearce stated that he is opposed to granting the request as the only reason the city is currently
contracting with the SeniorCenteristo provide recreational services,not for monthly expenses.
Hefeltthat since seniors areone ofthe wealthiest segments ofsociety, they should be ableto fund
their activities and services.
There was some discussion by the Council.
The motion passed with Mr.Pearce opposed.
ORDINANCES AND RESOLUTIONS
ORDINANCE -GARBAGE RATES - 2nd READING
An ordinance was presented which establishes a new code for a second garbage cartfor senior
citizens.
The ordinance establishing charges for garbage collection was read by titleonly.
ActionTaken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
ORDINANCE -AMEND 10.12 -PARKING - 2nd READING
An ordinance was presented which prohibits on-street parking on Driggs Drive from Broadway
^__J Avenue to Interlake Road and changes the name ofMurphy Street to Central Drive.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking
Regulations"was read by title only.
Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded
by Mr.Deane,and passed unanimously.
ORDINANCE -AMEND 13.07 -WATER REGULATIONS - 2nd READING
An ordinance was presented which prohibits the drilling of exempt wells within the city limits and
also regulates exempt wells as a water source inthe Urban GrowthArea.
The ordinance amending Chapter 13.07 of the Moses Lake Municipal Code entitled "Water
Regulations"was read by title only.
Joseph K.Gavinski, City Manager,stated that the ordinance has been changed to eliminatethe
provisiondealing with the drilling of wells inthe UGA.
Mr.Liebrecht feltthat a study session should be held to discuss the issue in more depth.
There was some discussion by the Council.
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Ron Baker, P.O.Box O,stated that with the elimination of the UGA from the ordinance,his
concerns have been addressed but he was concerned that this ordinance,which impacts 23,000
acres,was not discussed with city staff,county staff,and affected property owners.
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CITY COUNCIL MINUTES June 26,2007
Gary Mann,2405 Lakeside Drive, felt that some of the sections in the ordinance should be given
further consideration.
Mary Thorn,6997 Bacon Lane NE,representing the Moses Lake/Othello Association of Realtors,
submitted a letter stating their concerns with the new regulations.She pointed outthat anyone in
the state has the right to drill an exempt well for domestic use if water cannot be provided by a
municipality.The proposed ordinance would prohibit anyone in the city from drilling a well even if
the city cannot provide water to their property.
Bonnie Thompson,1311 Fairway,wanted to know ifthe city's wells have a draw down due to other
wells being drilled in the area.She felt that because it affects so many people,the Council should
take some additional time to study the issue.
James A.Whitaker,City Attorney,stated that the information from the Municipal Services
Department indicates that the static level of some of the city's wells is dropping and that is
documented in their logs and reports.There is about 6 certificated withdrawals near the well that
has the most draw down.There are also many unpermitted withdrawals in that area.
Mr.Gavinski stated that the draw down is about 1'to 2'per year on some ofthe wells.
Rod Sauvage felt that because of the impact ofthe regulations,it should be further reviewed.
Rich Walpole,Columbia Northwest Engineering,stated that this is an important issue to a great
many people and felt that a study session should be held.
Mark Fancher, 301 E. Inglewood, feltthat the new regulations would slow growth inthe area and
felt that a study session would be helpful.
Stacy Sanislo,183 Road A NE,GrantCounty Homebuilders Association,stated that removing the
UGA from the ordinance removed a lot oftheir concerns but there are still issues that need to be
discussed.She felt that because the UGA will be within the city limits in the future,the new
regulations could affect the growth and development of the area.
Jerry Crawford pointed out that this ordinancewas taken from the Cityof Richland which had a
largearea of unincorporated propertysurrounded by the city's limits so itwas logical for them to
prohibit exempt wells and require connectionto citywater.In the case of Moses Lakethe denial
of exempt wells may not work as well.
Don Hochstatter stated that he deals with exempt wells and the static levels are not dropping in
those wells. He mentioned that there aretwo aquifers and the wells drawingfromthe deep aquifer
are dropping. Hedidnot believe that the proposed ordinance would protectthe city's water supply.
Harold Hochstatter stated that he was opposed to the passage of the ordinance.
Tim Stiens,well driller,stated that there is no draw down or contamination in the domestic wells as
there is in the city wells.
A study session was set for July 10 at 5:30 p.m.
Action Taken:Mr.Ecret moved that the second reading of the ordinance be tabled,seconded by
Mr.Liebrecht,and passed unanimously.
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{^_J ORDINANCE -AMEND 13.08 -WATER AND SEWER CONNECTIONS -2nd READING /q7s
An ordinance was presented which establishes reimbursement amounts for the 1997 Knolls
Vista/Larson Water Main Intertie Project and the 2005 Operations Infrastructure Project.
The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and
Sewer Connections"was read by title only.
Action Taken:Mr.Pearce moved that the second reading ofthe ordinance be adopted,seconded
by Mr.Deane,and passed unanimously.
ORDINANCE -AMEND 17.04 -GENERAL PROVISIONS -2ND READING
An ordinance was presented which requires the assignment of water rights to the city upon
subdivision of land.
The ordinance amending Chapter 17.04 of the Moses Lake Municipal Code entitled "General
Provisions"was read by title only.
Action Taken:Mr.Deane moved that the second reading of the ordinance be adopted,seconded
by Mr.Pearce,and passed with Mr.Liebrecht opposed as he felt the information on the cost of
water rightsshould be provided prior to passage of the ordinance.
Stacy Sanislo,183RoadA NE,Grant County Home Builders Chapter,read a letter objecting tothe[^_J transfer of existing water rights to the city upon subdivision of land and also the requirement that
only one well is allowed withina subdivision.
Rich Walpole,Columbia Northwest Engineering,felt that a study session is needed to further
understand the implications of the new regulations.
ORDINANCE -AMEND 18.67-PLANNED DEVELOPMENT DISTRICT ZONE-2ND READING /Qsf
An ordinance was presentedwhich requires a list of names and addresses of all ownersof record
of real property within five hundredfeet of a planned development district project.
The ordinance amending Chapter 18.67 of the Moses Lake Municipal Code entitled "Planned
Development DistrictZone"was read by title only.
Action Taken:Mr.Deane moved that the second reading of the ordinance be adopted,seconded
by Mr.Liebrecht, and passed unanimously.
ORDINANCE - AMEND MARINA SHORES PLANNED UNIT DEVELOPMENT - 2ndREADING
Anordinancewas presented which amends the Marina Shores Planned Unit Development because
of a boundary line adjustment which makes 7 lots into 6 lots.
The ordinance amending Ordinance No.2205 which amended ordinance No.1740-A,which
amended Ordinance 1740,creatinga plannedunitresidential development district of Moses Lake
I J pursuant to Moses Lake Municipal Code 18.22.020 (b)and Moses Lake Municipal Code 18.67 was
^—^read by title.
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Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded
by Mr.Pearce,and passed unanimously.
ORDINANCE -AMEND 2007 BUDGET -1st READING
An ordinance was presented which amends the 2007 budget.
The ordinanceamending the 2007 budget for the Cityof Moses Lake,Washington was readbytitle
only.
Action Taken:Mr.Ecret moved that the firstreading of the ordinance be adopted,seconded by Mr.
Reese,and passed unanimously.
)QSf ORDINANCE -ENGLE ANNEXATION -1st READING
An ordinance was presented which annexes approximately 40.55 acres of propertyowned by Paul
and Madonna Engle located adjacent to Highway 17 and north of the Lakeland residential
development.
An ordinance annexing property commonly known as the Engle Annexation to the City of Moses
Lake,Washington, and incorporating the same within the corporate limits ofthe Cityof Moses Lake,
and which provides forthe assumption of existing indebtedness was read by title only.
Action Taken:Mr.Deane moved that the first reading ofthe ordinance be adopted,seconded by
Mr.Liebrecht,and passed unanimously.
/OYb RESOLUTION -ACCEPT DONATION - ALL STAR ENTERPRISES
A resolution was presented which accepts $200 from AllStar Enterprises,LLC.The funds are to
be used for parks and playgrounds.
The resolution accepting donations totaling $200 for parks and playgrounds was read by titleonly.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Ecret,and
passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
I09(*JANITORIAL EMPLOYEES
A request was presented forthe city to hire five janitors to perform janitorial services.Hiring the five
janitors will mean terminating the contracted work.The cost of contracting the janitorial work has
increased as well as the amount of staff time it takes to oversee the contracted work.
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CITYCOUNCIL MINUTES June 26, 2007
V_y Gary G.Harer,Municipal Services Director,stated that because of the increasing cost to contract
out the janitorial work and the time ittakes to oversee the contracts,itis more economical for the
city to hire its own staff.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that staff be authorized to hire janitorial staff,seconded by Mr.
Liebrecht,and passed unanimously.
JUNIPER DRIVE
Staff requested direction on the request to vacate a portionof Juniper Drive.
William Bishop, 931 Juniper Drive,suggested that a high rise be constructed and a walkway be
constructed over Juniper Drive so that the street does not have to be vacated.
Mr.Ecret suggested that,prior tovacatingJuniper Drive,traffic counts be taken todetermine traffic
patterns and then close off Juniper Drive for three to four weeks and then take additional traffic
counts to determine the new traffic pattern.
Mr.Liebrecht felt that the traffic studies should be done by the Moses Lake Clinic since they are
the ones requesting the vacation of Juniper.
Mr.Pearcesuggested thatJuniper bedeveloped like Third Avenue inthe downtown areawhich will
{^J make it pedestrian friendly without having to close the street.
There was some discussion by the Council.
Action Taken:Mr.Deane moved that staff be directed to obtain a three week traffic study on the
Juniper Drive area,seconded by Mr.Pearce, and passed unanimously.
STREET VACATION -MALAGA
Smart Homes is in the process of platting the property north of Malaga Drive and would like to be
allowed to purchase the north 6'ofthe city property thatisadjacenttothis plat.The 6'strip isnot
necessaryfor right-of-way purposes andis held bythe city bydeed rather than dedicated right-of-
way.
Michael Bickler,representing Smart Homes, stated that the additional 6'will provide a larger
building envelope for Lot 5.
There was some discussion and itwasthe consensus ofthe Council that staff review the proposed
price for the property.
REQUEST FOR WATER -MONTINI ADDITION #3
PaulJones, owner of Montini Addition #3,wishes to construct a Class A water system for 19 lots
located inthe city's Urban Growth Area.Existing regulations require thatthecitybe notified ofthis
I j proposal.
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CITY COUNCIL MINUTES June26,2007
Ron Baker,representing Mr.Jones,stated that the lots are about 7,000'from the nearestcity water
main and they would like to construct their own water system.
Jerry Crawford,Smart Homes,stated that he is in favor of this request.
Action Taken:Mr.Liebrecht moved that this request be granted,seconded by Mr.Pearce,and
passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
//faCp REQUEST FOR WATER/SEWER -CRAWFORD
Bruce Crawford requested city water and sewer for approximately 40 lots on property west of
Airway Drive and north of Cochran Road and the Council requested that the required Extra
Territorial Utility Agreement include provision for parks.
Joseph K.Gavinski,City Manager,stated that an additional clause has been included to require
the developerto provide dedication ofopen space ora fee-in-lieu.He suggested that this provision
be included in all future Extra Territorial Utility Agreements.
Jerry Crawford,Smart Homes,requested some clarification of the agreement.
James A.Whitaker,City Attorney,explained the reason for some of the terms of the agreement.
Action Taken:Mr.Reese moved that the draft agreement be approved,seconded by Mr.Deane,
and passed unanimously.
CITY TOUR
Joseph K.Gavinski,City Manager,stated that Council members have requested a tour of city
facilities including the new operations and maintenance facility, lift stations,etc.
The tour was scheduled for July 10 at 10:30 a.m.
OPERATIONS AND MAINTENANCE FACILITY
Joseph K.Gavinski,City Manager,stated that the dedication ofthe Operations and Maintenance
Facility has been set for Saturday,September 8,2007.
//^"ALCOHOL IN PARKS
Joseph K.Gavinski,City Manager,stated that Council gave staff the authority to approve
consumption of alcohol in city parks.He mentioned that historically alcohol was allowed in Blue
Heron Park when it was a state park,but the problem is that requests have come in for alcohol in
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June 26,2007
other cityparks that have not historicallyallowed alcohol consumption.He requested directionfrom
Council on whether or not alcohol should be allowed in all the parks or whether it should be limited
to Blue Heron Park.
It was the consensus of the Council that alcohol will only be allowed in Blue Heron Park.
SECOND LAKE CROSSING
Joseph K.Gavinski,City Manager,stated that he was requested toobtainan updated figureforthe
second lake crossing from Airway/Crestview Drives to West Broadway.The engineering firm that
previouslyprovidedthe information has indicated itwill cost about $13,000 to providethat updated
estimate.
There was some discussion and it was the consensus of the Council that no action be taken on this
project at this time.
UTILITY WAIVERS IN UGA
Jim Whitaker,City Attorney,stated that a developer has a certificated withdrawal right.The
developer is prepared to transfer the certificated withdrawal right to the city in return for a waiver
on three Group B water system wells in Cascade Valley. An Extra Territorial Utility Agreement
would be required.The city would obtain 140 acre feet per year water right.
It was the consensus of the Council that staff negotiate the trade with the developer.
The regular meeting was adjourned at 10:45 p.m.
ATTEST:Ronald C.Covey,
Ronald R.Cone,Finance Director
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June 7,2007
CBH Fax 765-8659
KWIQ Fax 765-8901
KBSN Fax 766-0273
NOTICE OF SPECIAL MEETING
A special meeting of the Moses Lake City Council has been called by Mayor
Ronald C. Covey for Tuesday June 26, 2007 at 6:00 p.m.at the Council
Chambers 401 S.Balsam.
The purpose of this meeting is to receive a presentation from Grant County
Public Utility District regarding power distribution lines in Moses Lake.
Scheduling and notice of the special meeting is done pursuant to RCW
34A.12.110 and 42.30.080 and Moses Lake Municipal Code 2.08.020.
cc: City Council
For Information Only