2007 09 11u
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MOSES LAKE CITY COUNCIL
September 11,2007
Council Present: Ron Covey,Bill Ecret,DickDeane, Richard Pearce,Brent Reese,Jon Lane, and
Jim Liebrecht
PLEDGE OF ALLEGIANCE: Mayor Covey led the Council in the pledge of allegiance.
MINUTES:Mr.Deane moved that the minutes of the August 28,2007 meeting be approved,
seconded by Mr.Lane, and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Action Taken:Mr.Lane 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 RCW 42.24.090,have been recorded on
a listing which has been made available to the Council for approval and is retained for public
inspection at city hall.
As of September 11,2007 the Council does approve for payment claims in the amount of
$1,935,886.43;prepaid claims in the amountsof $56,567.90,$34,887.13,and$17,969.05;checks
inthe amount of $1,271,044.10;and payroll inthe amounts of $3,003.45 and $58,624.58.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Field of Dreams Final Maior Plat and Findings of Fact:
Columbia Northwest Engineering on behalfofSmart Homes,Inc.submitted the final plat for a 23
lot major plat.The proposed 5.28 acre major plat is located east of Paxson Drive and north of
Malaga Street.The lots range in size from 8,000 square feet upto8,492 square feet.The lots are
being developed with the intention to construct duplexes.Thesiteiszoned R-2,Single and Two
Family Residential,and the Comprehensive Plan Land Use Designation is Medium Density
Residential which correspondswith the existingzoning. The final plat has no significant changes
from the preliminary plat.The Planning Commission recommended thatthe final plat and Findings
of Fact be approved.
Sun Basin Planned Commercial District #3 Final Maior Plat and Findings of Fact:Columbia //^6>
Northwest Engineering,on behalf of Moses Lake Senior Care LLC,etal,has submitted an
application for a 6-lot final plat.The 5.36-acre plat is a replat of Lot 3 ,Block 2 of the ASPI
Commerce Park South Short Plat located south of ASPI Boulevard, north of Harris Road,west of
Owens Road and east of two undeveloped commercial lotsthat front on Patton Boulevard.The
area is zoned C-2 General Commercial and Business District,which corresponds to the
Comprehensive Plan Land Use Designation of General Commercial.The final plat has no
significant changes from theapproved preliminary plat.The Planning Commission recommended
that the final platand Findings of Fact be approved.
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CITY COUNCIL MINUTES September 11,2007
/bc/(f Resolution -Accept Donation -Bureau ofReclamation:Aresolution was presented which accepts fj I
$10,349 fromthe Bureau of Reclamation foradditional equipment to be used forsecurity support
to Grand Coulee Dam. The equipment includes a rescue phone and camera ball.
y^/3 Resolution -Accept Easement -Baron Estates 2 Maior Plat:Aresolution was presented which
accepts an easement associated withthe Baron Estates 2 Major Plat.
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Ordinances -Penalty Provisions -2nd 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.Pearce moved that the Consent Agenda be approved,seconded by Mr.Ecret,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
/0>/y AGITATOR PUMP
The cityreceivedonlyone bidfor the agitator pumpto be used to mixeffluent from the wastewater
treatment plantsand to transferthe fluids to the effluent end of the treatment plantsordischarge
to the fields.
Action Taken:Mr.Reese moved that the bid be awarded to Daritech,Inc. in the amount of
$21,244.23,seconded by Mr.Ecret,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
y/^7 HOLIDAY -NUISANCE ABATEMENT -PUBLIC HEARING
A publichearingwas scheduled before the Council for a due process hearingrelatedto nuisance
enforcement for Anthony Holiday at 926 Juniper.
James A. Whitaker, City Attorney,stated that Mr.Holiday has filed a suit in Superior Court
concerningthis issue as he feels he cannot be further cited bythe citysince he was previouslycited
by the city on this same issue under the infraction procedures.
There was some discussion by the Council and it was feltthat since the issue was to be heard by
the Superior Court,any hearing before the Council should be continued.
Action Taken:Mr.Liebrecht moved that the hearing be continued to the September 25 Council
meeting,seconded by Mr.Lane,and passed unanimously.
GRANT COUNTY FAIRGROUNDS -SEPA APPEAL
The Fair Facility Advisory Committee requested time before the Council to discuss the city's
concerns over the Fairgrounds SEPA report.
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CITY COUNCIL MINUTES September 11,2007
t^_J Representative Judy Warnick stated that the DOE's adverse ruling on the proposed septic system
at the Fairgrounds was unexpected as this type of system has been approved in other locations.
She requested that the city withdraw its appeal so that construction and renovation of buildings
unrelated to the septic system may begin immediately.
Rich Walpole, 1201 Road 3 SE and a concerned county resident,stated that these types of
systems arevery difficult to get approved inthe State ofWashington and feltthatsomething should
be worked out with the county to allow the fairgrounds to connect to the city's system.
Larry Schwab,4543 Road 3.7 NE,requested thatthe citywithdrawitsappeal since the Department
of Ecology has not approved the septic system design submitted by the county. The withdrawal
of the city's appeal will allowthe county to proceed with other improvements to the fairgrounds.
There was some discussion by the Council and the consensus was to discuss the appeal in an
executive session.
ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND 10.48 -AUTOMATED TRAFFIC ENFORCEMENT -1st READING /Q^y
An ordinance was presented which increasesthe fine for running a red light from $101 to $112.
This will bringthe fine into conformance with state law.
The ordinance amending Chapter 10.48 of the Moses Lake Municipal Code entitled"Automated
I )Traffic Enforcement"was read by title only.
ActionTaken:Mr.Ecretmoved thatthe first readingofthe ordinance be adopted,seconded by Mr.
Lane,and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
RESOLUTION -NORTHWEST RENOVATORS -BUILD ON UNPLATTED PROPERTY jj^./]
NorthwestRenovators requested permissionto build a self-storage complex on unplatted property
located offof Central Drive and just northof the Valley Road and Central Drive intersection. The
property is located in the C-2,General Commercial and Business,Zone.The developer isworking
with Community Development onthe platting ofthe property but would like to begin construction
prior to completion of the platting process.
The resolution allowing Northwest Renovatorsto build on unplatted property was read bytitle only.
Gilbert Alvarado,CommunityDevelopment Director,explained the location is north ofthe existing
Vista Village Shopping Center.
/i Doug Gore,representing Northwest Renovators,stated that the platting ofthe property will begin
v_y shortly.The facility will havea nice facade with stonework onthe front and will be gated storage.
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CITY COUNCIL MINUTES September 11,2007
There was some discussion bythe Council and itwas felt thatto encourage timely platting ofthe
property thata certificate of occupancy notbe issued until the platting is complete.
Larry Hall,realtor,felt that the developers should be allowed a year to complete the platting
because there are times when the platting process is extensive and platting may not be finished
when the building is completed and ready for occupancy.
Action Taken:Mr.Pearce moved that the resolution be adopted with an amendment to require
completion ofthe platting process prior to issuance ofa certificate ofoccupancy,seconded by Mr.
Reese,and passed unanimously.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
^;|POST OFFICE
Joseph K.Gavinski,City Manager,stated thatthe cityhas received correspondence from Senator
Maria Cantwelland Representative Doc Hastings concerning the repairand beautification of the
Post Office building on Third Avenue.He reported that the columns are being repaired and the
Postmaster has also requested funding forexterior paintingand landscaping.
JUNIPER DRIVE VACATION
Joseph K.Gavinskisubmitted the traffic counts thatweretaken on Juniper Drive inconnection with
its proposed vacation.
/OS OA BUILDING ACTIVITY REPORT
The August 2007 Building Activity Report was presented.
/02>O PROJECTS UPDATE
GilbertAlvarado,Community Development Director,distributed a listofthe projects currentlybeing
worked on by the Community Development Department.
SALES TAX/TRANSIENT RENTAL INCOME
The city received $544,934.95 in sales tax and $49,332.90 in transient rental income in August
2007.
/OP3 ANIMAL CONTROL
Joseph K.Gavinski, City Manager, stated that a citizen is currently keeping four dogs on his
property at 1329 S.Lakeway and by ordinance only three dogs are allowed at a residence.He has
submitted a letter requesting that he be allowed to keep the four dogs and explaining the reasons
why.In order to allowthe keeping of four dogs,the ordinance would have to be amended.
There was some discussion by the Council but no action was taken.
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CITY COUNCIL MINUTES September 11,2007
The regular meeting was recessed at 8:25 p.m.and the Council met in an executive session to
discuss potential and pending litigation,a real estate matter,and the appeal of the Grant County
Fairgrounds SEPA report.
The executive session was adjourned at 8:55 p.m.and the regular meeting was reconvened.
GRANT COUNTY FAIRGROUNDS -SEPA APPEAL
There was some additional discussion by the Council.
Action Taken:Mr.Pearce moved thatthe SEPA appeal to the Grant County Fairgrounds expansion
project which included the construction of a large on-site septic system be withdrawn since it is
understood that the Washington State Department of Ecology and Department of Health will not
approve the septic system,seconded by Mr.Ecret,and passed unanimously.
REVENUE SHARING AGREEMENT
/oTheCity Council discussed the Revenue Sharing Agreement between the city and Grant County
incident to the establishment of an Urban Growth Area for the city and the belief that the county has
breached the agreement by not beginning the process to disband the Grant County Boundary
Review Board by the time specified in the agreement.
Action Taken:Mr.Reese moved that the city ask the assistance of the courts in resolving the
alleged breach ofthe Revenue Sharing Agreement,requesting that all monies paid to or retained
by the county be returned to the city,seconded by Mr.Peace,and passed with Mr.Liebrecht
opposed.
The regular meeting was adjourned at 9:15 p.m.
ATTEST:Ronald C.Covey,Mayor^-
RonaldR Cone,Finance Director