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2007 08 14o W 6576 MOSES LAKE CITY COUNCIL August 14,2007 Council Present: Ron Covey,Bill Ecret, DickDeane, Richard Pearce,Jon Lane, and Jim Liebrecht Absent:Brent Reese PLEDGE OF ALLEGIANCE: Mayor Covey led the Council in the pledge of allegiance. MINUTES:Mr.Lane moved that the minutes of the July 24,2007 meeting be approved,seconded by Mr.Deane,and passed unanimously. APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL Action Taken:Mr.Ecret moved that the bills,checks,prepaid claims, and payroll issued be approved,seconded by Mr.Pearce, and passed unanimously. Vouchers audited and certifiedby the Finance Director as requiredby 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 August 14, 2007 the Council does approve for payment claims in the amount of $2,393,203.94;prepaid claims in the amounts of $54,771.39, $74,170.21,$2,022,815.62,and $38,696.47;checks inthe amount of $3,161,699.34;and payroll in the amounts of $75,028.61, $2,326.52,and 76,466.32. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Resolutions (4)-Abandon Easements:Four resolutions were presented which vacate easements /0/3 previously granted tothe city and located southofWheelerRoadandwest of Road N. Resolution -Abandon Easement -Kentucky Drive:A resolution was presented which vacates an /0/o easement located at the end of Kentucky Drive.The platting of the adjacent property eliminates the need for the easement. Resolution -Accept Deed -Smart Homes:A resolution was presented which accepts adeedfrom /oVO Smart Homes,Inc.for propertyto be included in Montlake Park. Resolution -Accept Hydrant -Comfort Suites:A resolution was presented which accepts a fire 101 <f hydrant installed in Maiers Roadas part ofthe Comfort Suites construction. Resolution -Accept Water Main/Hvdrants -Mario Avenue and Lee Street:A resolution was /OI ? presented which accepts the water main and hydrants installed in Mario Avenue and Lee Street. Resolution -Accept Donation -O'Dell:A resolution was presented which accepts an Epson LCD /OVCp project valued at $689.95 from Colonel Thomas O'Dell.The projector will be used bythe Fire Department. ,Resolution -Grant Easement -Grant County PUD:A resolution was presented whichgrantsan JO/3 \'easement to the PUD forelectric,telecommunication,and other services at the Larson Playfield. 6577 CITY COUNCIL MINUTES August 14,2007 /Of7 Resolution -Marina Drive Vacation -Set Date for Public Hearing:Aresolution was presented which (]) sets August28 as the date for a public hearing on the vacation of that portion of Marina Drive adjacent to Lot 11,Parkhill-Scea Addition. //6>Gp Woodcrest Preliminary Maior Plat and Findings of Fact:Columbia Northwest Engineering, on behalfof Clearwater Development,L.L.C.submitteda preliminary plat for a 26 lot major plat.The proposed 6.87 acre major plat is located atthe northeast intersection ofValley Road and Paxson Drive.The site is zoned R-1,Single Family Residential.The Comprehensive Plan Land Use Designation is Low Density Residential which corresponds with the existing zoning.Waivers were requested for curve tangent lengths,narrower street right-of-way,andstreet pavement width.A deferral of the timing of landscape installation was also requested. The Planning Commission recommended thatthe preliminary plat and waivers anddeferrals be approved with conditions and the Findings of Fact be approved. I/<£U Central Terminals Final Maior Plat and Findings of Fact:Columbia Northwest Engineering,on behalfof Central LeasingofWashington,submittedthe final plat for the one lotCentral Terminals Major Plat.The426acresiteis located approximately 1300'westof where N Road intersects with Wheeler Road. The site is zoned H-l,Heavy Industrial,and the Comprehensive Plan Land Use Designation is Industrial.The final plat has no significant changes from the preliminary plat.The Planning Commission recommended thatthe final plat and Findings of Fact be approved. //o?6»Barrington Point 4 Maior Preliminary Plat and Findings of Fact:Cornerstone Real Estate Group submittedthe preliminary plat to subdivide11.03 acres into 46 single family residential lots.The plat is located between Crestview and Paxson Drives,south of Century Street,which is in the ^^^Barrington Point 3 Preliminary Plat.The area is zoned R-1,Single Family Residential,which (\) corresponds with the Comprehensive Plan Land Use Designation of Low Density Residential. Waivers were requested to allow narrower street right-of-way and to the requirement for 100' minimum tangent length for street centerline curves. A deferral of the timing of landscape installation was also requested. The Planning Commission recommended thatthe preliminary plat and the waivers and deferral be approved withconditionsand the Findings of Factbe approved. "^Barrington Point 5 Maior Preliminary Plat and Findings of Fact:Cornerstone Real Estate Group submitted the preliminary platto subdivide 13.25 acres into50 single family residential lots. The platis located between Crestview and Paxson Drives,south of Century Street, which is in the Barrington Point 3 Preliminary Plat.The area is zoned R-1,Single Family Residential, which corresponds with the Comprehensive Plan Land Use Designation of Low Density Residential. Waivers were requested to allownarrowerstreet right-of-way,to allowtwo of the lotsto be slightly less than the required 100'depth, and tothe requirement for100'minimum tangent length forstreet centerline curves.A deferral of the timing of landscape installation was also requested.The Planning Commission recommended that the preliminary platand the waivers and deferrals be approved with conditions and the Findings of Fact be approved. //e26»Barrington Point-2 Final Maior Plat and Findings of Fact:Hagedom Inc.submitted a 19-lot final plat.The 4.95-acre platis located between Crestview Drive and Paxson Drive,south of Virginia Street.The area is zoned R-1,Single Family Residential,which corresponds tothe Comprehensive Plan Land Use Designation of Low Density Residential.The final plat has no significant changes fromthe approved preliminaryplat.The Planning Commission recommended that the final platand Findings of Fact be approved. )/<2{/Polo Ridoe #2 Preliminary Maior Plat and Findings of Fact:Schneider Homes submitted a preliminary plat to subdivide 19 acres into 71 single family lots. The site is located north of o 6578 CITY COUNCIL MINUTES August14,2007 {^_J Crestview Drive and east of Paxson Drive.The area is zoned R-1,Single Family Residential,which corresponds with the Comprehensive Plan Land Use Designation of Low Density Residential. Waivers were requested for curve tangent lengths, lotwidth for two lots, site plan sheet size, and constructed widths of streets.A deferral of thetiming of landscape installation was also requested. The Planning Commission recommended that the preliminary plat and waivers and deferrals be approved with conditions and the Findingsof Fact be approved. Ordinances -Penalty Provisions -1st Readings:Ordinances were presented which amend the //>/ penalty provisions for Chapter 12.12, Sidewalk Construction;Chapter 12.16,Street and Utility Construction Permits;Chapter 12.24,Plantlife;Chapter 12.32,Addresses and Street Names; and Chapter 12.36,Park Regulations. Action Taken:Mr.Ecret moved that the Consent Agenda be approved,seconded by Mr.Pearce, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS LANDSCAPE VARIANCE -RHYNE JO GO Donald and BillieJo Rhyne, 2000 S.Allen Avenue, requested a variance to the landscape i J requirements in order to remove the grass and replace it with river or brown rock in the planter strip ^~*^between the sidewalk and street on the corner ofAllen Avenue and Tanglewood Place. Gilbert Alvarado,Community DevelopmentDirector,statedthatthe Rhynes have asked to remove the landscaping in the planter strip.Becausethe city has adopted rules and regulations requiring landscaping in the planter strip,staffcannot grant awaiver ofthe requirement.All newsubdivisions adheretothose newregulations.In the interests ofconformity,staff could notsupport thisrequest for a waiver of the requirements. Lori Barlow,Associate Planner,pointed outthatthe Municipal Services Director andthe Parksand Recreation Director have the authority to allow the parking strip to be altered butbecause ofthe time and effort put into these new regulations,staffwas reluctant to allow any alterations without direction from the Council. There was some discussion bythe Council whowere notin favor of altering the requirements. No action was taken. ORDINANCE -CASCADE VALLEY ANNEXATION -2nd READING/PUBLIC HEARING jo^j> An ordinance was presented which annexes property in CascadeValley tothe city.The property is located north and east of the previously annexed property.The property will be zoned R-1, Single Family Residential,and R-2,Single Family and Two Family Residential. i i The ordinance annexing property commonly known as the CascadeValley annexation tothe City ^—'of Moses Lake,Washington,and incorporating the same within the corporate limits of the City of Moses Lake,and which provides for the assumption ofexisting indebtedness was read bytitle only. 6579 CITY COUNCIL MINUTES August 14,2007 The public hearing was opened. Action Taken:Mr.Pearce moved that the publichearing be closed,seconded by Mr.Lane, and passed unanimously. Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded by Mr.Lane, and passed with Mr.Liebrecht opposed. /OS$ORDINANCE -ENGLE ANNEXATION -2nd READING/PUBLIC HEARING An ordinance was presentedwhichannexes approximately 40.55acresof property owned by Paul and Madonna Engle located adjacent to Highway 17 and north of the Lakeland residential development. The property is proposedto be zoned R-1,Single Family Residential. An ordinanceannexing property commonly knownas the EngleAnnexationto the Cityof Moses Lake,Washington,and incorporating the samewithin the corporate limits ofthe CityofMoses Lake, and which provides for the assumption of existing indebtedness was read by titleonly. GilbertAlvarado,Community Development Director,stated that a platwas proposed inthe county atthe same time the annexation was requested.The developer indicated that they would develop the property tocitystandards. The annexation ordinance wasamended to include in the ordinance that the property would be developed to city standards. The public hearing was opened. Larry Angell,Columbia Northwest Engineer, stated that itisthe intent of the developer to adhere to the requirements of the city. Action Taken:Mr.Deane moved that the public hearing be closed,seconded by Mr.Lane, and passed unanimously. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.Lane,and passed unanimously. JO&P ORDINANCE -REC SOLAR GRADE SILICON ANNEXATION -2nd READING/PUBLIC HEARING An ordinance was presented which provides for the annexation of approximately 384 acres in the Wheeler Road Corridor Area located east and west of Road N NE.The property is proposed to be zoned Heavy Industrial. The ordinance annexing property commonly known as the REC Solar Grade Silicon annexation to the Cityof Moses Lake,Washington,and incorporating the same withinthe corporate limitsof the City of Moses Lake, and which provides forthe assumption of existing indebtedness was read by title only. The public hearing was opened. Action Taken:Mr.Lane moved that the public hearing be closed,seconded by Mr.Ecret,and passed unanimously. O o o 6580 CITY COUNCIL MINUTES August 14,2007 (J Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht, and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -FRIDAY/ST.MARIE ANNEXATION -1st READING An ordinancewas presented which annexes approximately 18 acres of property located north of Highway 17 and adjacent to Grape Drive and Maple Drive tothe city.The property will be zoned C-2,General Commercial and Business. The ordinanceannexing property commonly known as the Friday/St.Marie annexation to the City of Moses Lake,Washington, and incorporating the same within the corporate limits of the Cityof Moses Lake,andwhichprovidesfor theassumption ofexistingindebtedness was readbytitle only. ActionTaken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Lane,and passed unanimously. RESOLUTION -WATER RIGHTS ACQUISITION FEE A resolution was presented whichestablishes a water right acquisition fee. vj The resolution establishing awaterrights acquisition fee pursuant to Moses Lake Municipal Code Section 17.04.060 was read by title only. Joseph K.Gavinski,City Manager,stated that thecity hasadopted anordinance concerning water rights which provided for the acquisition fee tobe established by resolution.The fee is what the city would have to pay to acquire the water rights.He mentioned that in previous years the city would be granted water rights from the state.Currently there are nomore water rights available, so the city will have to purchase water rightsinthe future. There was some discussion by the Council and itwas pointed outthatthe cost of water rights should be monitored and perhaps included in thebudgetsothecostis reviewed ona yearly basis. Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Lane, and passed with Mr.Liebrecht opposed. RESOLUTION -INTER-FUND LOAN A resolution was presented with provides for an inter-fund loan of $2,000,000 from the Sanitation Fund tothe Capital Projects 2006 Fund to finance the construction ofthe Flow Rider and Lazy River. The resolution authorizing an inter-fund loan to the Capital Projects 2006 Fund 302 from the Sanitation Fund 490 was read by title only. There was some discussion by the Council. t j Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Ecret,and passed ^-s with Mr.Liebrecht opposed as he felt the project is too expensive and should be budgeted for in the 2008 budget rather than borrowing from othercityfunds. )OSf //6>7 70/Q-/} 6581 CITY COUNCIL MINUTES August 14,2007 REQUEST TO CALL FOR BIDS JO17 AGITATOR PUMP Staff requested authorization to call for bids for an agitator pump and a tractor to power it.This equipment will complete the wastewater treatment plantupgrades. Gary G.Harer,Municipal Services Director,stated thatthe city will rent a tractor to power the agitator pumpto determine howbig a tractor would be needed andthen purchase the appropriate tractor the next year. There was some discussion by the Council. ActionTaken:Mr.Pearce moved thatthe staffbe authorized to call for bids,seconded by Mr.Lane, and passed with Mr.Liebrecht opposed. //I S"REFERRALS FROM COMMISSIONS BMX STREET BIKE PARK The Parks and Recreation Commission,after receiving comments from proponents of a BMX street style park,recommendedthat property adjacent tothe existing dirt BMX trackbe used as the site of any BMX street style park. Spencer Grigg,Parks and Recreation Director,stated that when the BMX dirt track was developed,(T^) the bike park was considered for future development.Staff is requesting that the Council dedicate ' a site for this bike park. There was some discussion by the Council and itwas suggested that additional information be obtained concerning the location of the street style BMX bike park. It was the consensus ofthe Council that staff do further research on the location of a street style BMX bike park. OTHER ITEMS FOR COUNCIL CONSIDERATION //(*(*REQUEST FOR CITY WATER - PARPEN Pave Parden requested permission to connect property at 2457 Westshore Prive to city water. Gary G.Harer,Municipal Services Pirector,stated that the city has no issues with the request. Action Taken:Mr.Peane moved that the request to connect to city water be granted with the stipulation that an Extra Territorial Utility Agreement be required,seconded by Mr.Lane, and passed unanimously. l/0>(?REQUEST FOR CITY WATER ANP SEWER -LUBLIN Columbia Northwest Engineering, on behalf of Kyle Lublin,requested permission to connect an /f"N approximate 367 residential development to city water and sewer.The property is located north ! of Mae Valley Road and south ofWinesap Road. in 6582 CITY COUNCIL MINUTES August 14,2007 {^_J Gary G.Harer,Municipal Services Director,pointed out that the property requesting city services is within one halfmileof the city's limits and so would be requiredto annex. The existing sewer in this area does not have the capacity to serve the proposed development so it is proposed to upgrade the sewer in 2008. Joseph K.Gavinski, City Manager,stated that the city would need to construct the sewer with sufficientcapacityto serve the entire area, not just the currently proposed residential project. There was considerable discussion by the Council. Larry Angell,Columbia Northwest Engineering,pointed outthatthe property is within one halfmile of the city's limits but because of the intervening space that is not within the city's urban growth area, it would be difficult to annex the property.In exchange for an Extra Territorial Utility Agreement andthe connectionto citywaterandsewer, the developer would agreetodevelopthe property to city standards. Kyle Lublin,Pacific Ridge Homes,statedthatthey are purchasing the property with the ideaof developing the property inabout 8 phases. Hementionedthatthe infrastructure costs couldbe shared by the cityand the developers of this area. He stated that they would like to beginthe project in 2008. There was additional discussion by the Council and city staff was directed to look into all possibilities of providing infrastructureinthis area. M COVENANT FOR WAIVERS WITHIN UGA A revisedCovenantas to Improvements form tocoverthe waiversrequested inthe Urban Growth Area was presented. Joseph K.Gavinski,City Manager,statedthatthe county'scode requires developers to develop property within the UGA to city standards.The county allows those improvements tobe deferred ifthe developer provides cash intheamountof 150%ofthe costofthe improvementsorthey obtain a waiver from the city for those improvements. The city has been granting waivers for the improvements with the condition thatacovenant be signed for the construction ofthe improvements inthe future.Property beingdeveloped underthe county regulations andwithacovenant from the city was included in the property being annexed in Cascade Valley.Becausethe property was being included in the city limits,the Council felt thestreetand utilities should be constructed tocity standards and directed staff to call inthe covenant. By calling inthe covenant, flawswere found in the process,sincecitywater andsewerisnotyet available tothe site. The flaws in the current covenant have been corrected by adding languagewhich addresses the city's inability to provide water and sewer but addresses street improvements. There was considerable discussion by the Council. Mark Fancher,1311 Fairway,wasconcernedthatsome ofthe requirements would adverselyaffect industrial developments. ^Mary Thorn,6997 Bacon Lane,stated that the city is within the county and since the Growth i i Management Actwas enacted,county residents within the city's UGA are covered by both county^-^and city regulations.She felt that there needs to be better cooperation between the city and county. 6583 CITY COUNCIL MINUTES August 14,2007 Rich Walpole,Columbia Northwest Engineering,stated that heagreed with the changes that have (|) been made to the covenant.He mentioned that the high nitrates in the water in this area are a problem and the best way to solve the problem is to reduce the numberof septic systems.He showed some possible residential lotlayoutsthatcouldoccurunderthe new covenant regulations. He suggested that in 3.2the wording should be changedto addafterthe first sentence,"for city services as required by this covenant at some future date." There would also need to be some clarificationthat the wellhead protection areas would cease to exist. Action Taken:Mr.Pearce moved that the covenant betabled and staffreviewthe suggestions from Mr.Walpole,seconded by Mr.Deane, and passed unanimously. }\q&COMMUNITY STREET AND UTILITY STANDARDS -AMENDMENT NO.2 The amendments to the Community Street and Utility Standards were presented. Gary G.Harer,Municipal Services Director,stated that, based on discussions with Columbia Northwest Engineering,some changes were made to the proposed amendments. Action Taken:Mr.Pearce moved that the amendments be adopted,seconded by Mr.Lane, and passed unanimously. ///(>GRANT COUNTY FAIRGROUNDS - SEPA DNS The Grant County Community Development Department has issued a Notice ofAction for the Grant ^^^ County Fairgrounds SEPA Determination of Non-Significance (DNS)for the infrastructure (\) replacement and expansion projectat the Grantcounty Fairgrounds.The Notice by the county means thatthey have reviewed all the comments received and have decided to stay withthe DNS with no additional clarification.As directed by the Council,staff provided written comments and concerns withregardto the GrantCounty Fairgrounds SEPA checklist and SEPA DNS butdidnot receive a response to those comments. GilbertAlvarado,Community Development Director,stated that since the county has issued a SEPA Notice of Action, the only option the city has is to file an appeal if the city feels that the original determination was flawed and inadequate.Staff is requesting directionon whether ornot to proceed withan appeal of the decision of the county.He mentioned that he had been contacted by Bob Russell,ofthe Fairgrounds enhancementcommittee,and who wished to clarifythe sewage issue.The issue of the possible increase intraffic was not addressed in the SEPA checklist. There was considerable discussion by the Council on whether or not to file an appeal. Action Taken:Mr.Deane moved that staff proceed with the appeal,seconded by Mr.Pearce. Mr.Liebrecht felt that there had been enough delays in this project and was not in favor of appealing the SEPA DNS. Mr.Ecret felt that the proposed septic system would work and was concerned that an appeal was being considered because the county choose to construct their own septic system rather than connectto the city's system even though connecting to the city's system would be less expensive. O 6584 CITY COUNCIL MINUTES August 14, 2007 [^_J Mayor Covey stated that he was concerned about a large drain field in proximity to residential development among other things and the fact that the county provided no supporting documentation on the proposed infrastructure. Mr.Alvarado pointed out that no information was provided to the city about the proposed development and infrastructure improvements other than what is inthe Checklist which essentially states that a septic system will be used but provides no details ofthe system. The motion passed with Mr.Liebrecht and Mr.Ecret opposed. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS WELLS Mary Thorn,distributed information on a class onwaterrightsandwatersupply issues inrealestate transactions and development projects in both urban and rural areas and invited the Council and city staff to attend. DESTINATION DEVELOPMENT.INC.-CITY BRANDING Mayor Covey stated that the Council was given a presentation by Roger Brooks of Destination Development,Inc.on the proposed branding,marketingand signage for the Cityof Moses Lake. He pointed outthatonce this plan is endorsed, the implementation ofthe plan will come from the merchants rather than the city. U ^J There were some comments by the Council who were impressed by the improvements already made in the downtown area. Sally Goodwin,Moses Lake Business Association,stated that all entities involved in the improvements to Moses Lake are readyto move ahead withthe project. ActionTaken:Mr.Pearce moved thatthe planproposed by DestinationDevelopment,Inc.for the brandidentifybe approved,seconded by Mr.Ecret,and passed unanimously COUNCIL QUESTIONS AND COMMENTS EXEMPT WELLS Mayor Coveystatedthata committee hasbeen appointed to look into theexemptwell issue.That committee consists of Mr.Deane,Mr.Lane, Bonnie Thompson,Mark Fancher,Joseph K.Gavinski, and Gary G. Harer. CITY MANAGER REPORTS AND COMMENTS POTHOLES RESERVOIR SUPPLEMENTAL FEED ROUTE Joseph K.Gavinski,City Manager,stated that the Bureau of Reclamation has released the Environmental Assessment (EA)and Findings of No Significant Impact (FONSI)for the Potholes Reservoir Supplemental Feed Route.He mentioned thatthe Bureau has hired CH2M Hill to gather information on the sediment issue. y/6 7 1101 j/to7 //tf 6585 CITY COUNCIL MINUTES August 14, 2007 "7/?POST OFFICE Joseph K.Gavinski,City Manager,stated that the city has received letters from Representative Doc Hastings and Senator Patty Murray with regard to the repairs of the post office building.Both the Downtown Business Association and the Chamber of Commerce have also sent letters with regard to a facelift of the post office building. He mentioned that he will be meeting with the new post mistress in the near future. /020/BUILDING ACTIVITY REPORT The July 2007 Building Activity Report was presented. /O03 INVESTMENT REPORT The investment report showed the city earned $67,138.68 in investment income in July 2007. SALES TAX/TRANSIENT RENTAL INCOME The city received $485,247.33 in sales tax and $38,537.66 in transient rental income inJuly 2007. /I9l WEED REPORT Gilbert Alvarado,Community Development Director,distributed a report from the Code Enforcement Division which shows that staffhas opened 456 weed cases since April and provided the process ^ used to obtain compliance.The report also outlined some of the problems and offered possible solutions. The regular meeting was recessed and the Council met inan executive session to discuss litigation. The executive session was adjourned at 10:45 and the regular meeting was reconvened. REVENUE SHARING AGREEMENT Mayor Covey pointed out that Grant County has not begun the process of disbanding the Grant County Boundary Review Board as required bythe Revenue Sharing Agreement between the City of Moses Lake and Grant County. Action Taken:Mr.Pearce moved that the city send a letter to the Grant County Commissioners pointing out that the agreement has been breached by Grant County and that demanding the return of monies paid to Grant County by the city and the taxes retained by the county under the terms of the Revenue Sharing Agreement along witha draft ofa civil complaint,seconded by Mr.Lane, and passed unanimously. The regular meeting was adjourned at 10:50 p.m. \IKJUL4JL ATTEST:Ronald C. Covey, Mayo