2007 10 23^J
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MOSES LAKE CITY COUNCIL
October 23,2007
Council Present:Ron Covey,Bill Ecret, Dick Deane,Richard Pearce,Brent Reese,Jon Lane,and
Jim Liebrecht
PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the pledge of allegiance.
MINUTES:Mr.Reese moved that the minutes of the October 9,2007 meeting be approved,
seconded by Mr.Lane,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.Reese,and passed unanimously.
Vouchers audited and certified by the Finance Directoras 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 ofOctober 23,2007the Councildoes approve for payment claimsinthe amount of$507,467.75;
prepaid claimsinthe amounts $420,638.24,$204,710.78,and $792,912.49;checks inthe amount
of $2,887,253.08;and payroll inthe amount of $42,383.60.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Glenmoor Reach 3 Final Major Platand Findingsof Fact:Hagedorn Inc.,representing Sun Country
Homes, of BattleGround,Washington,submitted a final platfora 42 lotmajor plat. The proposed
10.4 acre major plat is contiguous to Glenmoor Reach 1 Major Plat with frontage on Peninsula
Drive.The site is zoned R-1,Single Family Residential, and the Comprehensive Plan Land Use
Designation is Low Density Residential.
Grant County Economic Development Council -Agreement:An agreement was presented which /D3 -2
increasesthecity'scontribution tothe Grant County Economic Development Council by $2,468.93.
Resolution -Grant County All Hazards Mitigation Plan:A resolution was presented which adopts //3f
the Grant County All Hazards Mitigation Plan as the official hazard mitigation plan for the city.
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 -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
,.NORTHERN COLUMBIA BASIN RAIL PROJECT
Andrew Wood,Department ofTransportation,State Rail and Marine,explained the background of
the proposed newalignment ofthe railroad in the vicinity of Moses Lake and explained that funding
was appropriated bythestate legislation for this project.Anopenhousewas held to gather public
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CITY COUNCIL MINUTES October 23,2007
input and at that time about half of the people in attendance suggested a northern route which f[)
would follow the old Northern Pacific Railroad route and which was subsequently identified as the
citizen option.He explained the different routes that were proposed.He also explained that the
Surface Transportation Board and the Washington State Department of Transportation have
concluded thatthe citizenoptiondoes not meet the goals of the proposed project and will not be
carried forward in the Environmental Assessment.
There was some discussion by the Council.
Brig Templeton,President,Columbia Basin Railroad,stated that theyhaveowned thisrailroad for
20 years and this area is unique becauseofthe airport.He felt thatthe Grant County Airport will
be a major industrial base in the near future and rail service is a necessity.
There was additional discussion concerning the impacts of the railroad.
\\QQ GRANT COUNTY PUD
Grant County PUD planstoconstructnew transmission lineswithin Moses Laketoaccommodate
existing and future neeeds. The new transmission line will connectthe Paxson Drive substation
to a new substation to be located on Dover Street adjacent to the Titan building on the base.
William Coe, System Planning and Protection Engineer for Grant County PUD,provided mapsand
explained the proposed route of the transmission lines. He explained that the cost of
undergrounding transmission lines would be over $1.3 million per 1,000 feet while an overhead line ^ms^
is about $150,000.(|)
There was some discussion by the Council.
//£(,SUN BASIN PLANNED UNIT DEVELOPMENT
Larry Angell,Columbia Northwest Engineering,pointed outthatthere isa narrow wedge ofOwen
Road that lies within Lots 3 and 4 of Sun Basin Planned Unit Development Major Plat.This places
about 55 square feet of Owen Road, which is a county road,inside the city limits.He suggested
that a corporate boundary adjustment would be the most feasible way to correct the problem.
James.A. Whitaker, CityAttorney,stated that this propertywas platted by ASPI and annexed into
the city. GrantCounty Engineering Department prepareda deed for ASPI to sign forOwen Road.
However the description on the deed was in error and overlaps onto the existing platted city
property.Recording of the deed by GrantCounty constitutes an illegal segregation of plattedlots
within the city,whichviolates two state statutes. A boundarylineadjustment would not solve the
problem of the incorrect legal description for Owen Road. Grant County should issue a revised
deed description for Owen Road.
There was some discussion and it was the consensus of the Council that Columbia Northwest
Engineering should contact Grant County to resolve this issue.
ORDINANCES AND RESOLUTIONS
/Qjf-ORDINANCE -CORPORATE BOUNDARY CHANGES -2nd READING f^
An ordinance was presented which provides forthe transfer of jurisdiction over various rights-of-
way between the county and the city. The county will also need to adopt a similarordinance or
resolution approving the boundary changes.
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CITY COUNCIL MINUTES October 23,2007
(i The ordinance adjusting corporate boundaries of the City of Moses Lake pursuant to RCW
35A.21.210 was read by title only.
Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded
by Mr.Liebrecht, and passed unanimously.
ORDINANCE -GENERAL PENALTY - 2nd READING
An ordinance was presented which amends the general penalty provisions and increases the
penalty amount.
The ordinance amending Chapter 1.08 of the Moses Lake Municipal Code entitled "General
Penalty"was read by title only.
ActionTaken:Mr.Pearce moved thatthe second readingofthe ordinance be adopted,seconded
by Mr.Lane, and passed unanimously.
ORDINANCE -WATER AND SEWER REIMBURSEMENTS -2nd READING .^
An ordinance was presented which establishes reimbursements for the waterand sewer mains
installed on Malaga Drive.
The ordinance amending Chapter 13.08 ofthe Moses Lake Municipal Code entitled "Water and
Sewer Connections"was read by title only.
^—^Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded
by Mr.Liebrecht,and passed unanimously.
ORDINANCE -CITYWIDE REGULATIONS - 2nd READING
An ordinance was presented which would allow a legally blind or physically disabled resident to
keep more than three household pets which are over four months old in certain limited
circumstances.
The ordinance amending Chapter 18.10 of the Moses Lake Municipal Code entitled "Citywide
Regulations"was read by titleonly.
ActionTaken:Mr.Deane moved thatthe second readingofthe ordinance be adopted,seconded
by Mr.Liebrecht,and passed unanimously.
ORDINANCES -TAXES -1st READING
Ordinances were presented which fix the estimated amount to be received bythe City of Moses
Lake from property taxes in2008 and sets the tax levy rate.
The ordinance fixing the amount to be received from municipal purposes from taxations on
assessed valuations on property within the City ofMoses Lake,Washington for 2008 wasread by
title only.
^J Joseph K.Gavinski,City Manager,explained the amount of funds the city would receive in 2008
and where they would be allocated.
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CITY COUNCIL MINUTES October 23,2007
ActionTaken:Mr.Deane moved that the first readingof the ordinance be adopted,seconded by
Mr.Lane,and passed unanimously.
The ordinance fixing the estimated amount tobe received from municipal purposes from taxations
on assessed valuations on property within the City of Moses Lake,Washington for 2008was read
by title only.
ActionTaken:Mr.Ecret moved thatthe first readingofthe ordinance be adopted,seconded by Mr.
Lane,and passed unanimously.
/12b'A RESOLUTION - RECSOLAR GRADE SILICON -BUILD ON UNPLATTED PROPERTY
REC SolarGrade Silicon submitted a request for permissionto build on unplatted propertywhich
is located on Road N NE.The property would have to be platted within one year.
The resolution allowing RECSolar Grade Silicon,LLC to build on unplatted property was read by
title only.
Gilbert Alvarado,CommunityDevelopment Director,explainedthe process for building onunplatted
property.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Ecret, and
passed unanimously.
IQL/b RESOLUTION -DONATION -PHILLIPS (^)
A resolution was presented whichaccepts the donation of trees and shrubs valued at $800 from
Todd and Lori Phillips.The trees and shrubs will be used to enhance the parks and recreation
facilities.
The resolutionaccepting a donationof trees and shrubs valued at$800 from Todd Phillips and Lori
Moholt-Phillips was read by title only.
Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Liebrecht,and
passed unanimously.
//?7 RESOLUTION -NUISANCE HEARING -BEEMAN
The owner of Lot 12,Block 1,South Terrace Addition and Lot 13,Block 1,less Tax #5895,South
Terrace Addition was sent a Notice ofViolation and Orderto Correct or Cease Activity.No appeal
wastaken from that notice and the violation was not corrected,so a hearing before the Council was
scheduled.
The resolution determining that Gordon Beeman is a contract owner and occupant of certain real
property withinthe city;that a nuisance requiring abatement by city forces or forces contracted by
the city exists on such property;and directingthe use of such forces to abate the nuisance found
was read by title only.
The witnesses were sworn in.
Jim Whitaker,City Attorney,reminded the Council that this is a quasi-judicial matter and that the
Council will be determining whether or not there is reason to use the city's powerto enter upon the
private property of a citizen for a lawful purpose.
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CITY COUNCIL MINUTES October23, 2007
^)Testimony wastaken from Greg Navarez,Code Enforcement Officer,concerning this issue.
Mr.Whitaker stated that based on the photographs and the testimony that the inoperable vehicles
remain.The vehicles have been there since before August 31.The time to correct has passed.
The Council is requested to adopt the resolution findingthat Mr.Beeman is an occupant and owner
based on the testimony of Mr.Navarez; that Mr.Beeman was served witha notice of violation;that
a hearing has been held at which Mr.Beeman had an opportunityto appear but did not;and
authorize the City Manager to clean up the property.
Mayor Covey stated that this issue will be discussed during an executive session.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS
COLUMBIA BASIN INVESTMENT GROUP.LLC -ANNEXATION
Columbia Basin Investment Group, LLC submitted a Notice of Intent to Commence Annexation
Proceedings for 749 acres oflandlocated south of I-90,east of Potato Hill Road,north of Baseline
Road E, and west of SR 17.The Planning Commission recommended that the property be
annexed.
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Gilbert Alvarado,CommunityDevelopment Director,stated thatthis areais within the city's Urban
GrowthArea. He mentioned that two small areas along Baseline Road are notwithinthe city's UGA
and so were not included inthe annexation and a largerarea inthe northwest cornerunder different
ownershipwas also not included.He pointed outthatthe Boundary Review Board has the ability
to require those parcels to be included inthe annexation.
There was some discussion by the Council.
Mark Ferris,representing Columbia Basin Investment Group,statedthatcityservicesareavailable
and there is adequate access to the property.
Action Taken:Mr.Pearce moved that the Notice of Intent be accepted,seconded by Mr.Liebrecht,
and passed unanimously.
UGA AMENDMENTS
The proposedamendments to the Urban Growth Areawere presented.
Gilbert Alvarado,Community Development Director,explained the process for making an
amendment to the Urban Growth Area. He mentioned that about6,934 acres have been requested
to be included inthe UGA.Heexplainedthe criteria that has to be considered inorderto justify
including property within the UGA.The Planning Commission reviewed the criteria for including
property within the UGA and recommended that the following applications be approved:North
Pointe Holdings,384 acres;Charles Lybbert,29 acres;Cliff/Vera Perez,26 acres;Schiffner 320,
320 acres; Schiffner 80, 80 acres; Susan Brown,92 acres;Tucker/Plate,10 acres;REC Solar
GradeSilicon,325acres;ASPIGroup,320acresoutof3,800acres;and ACHI,80acresoutof800
acres.The Planning Commission recommended thatthe following applications be denied:Judith
\~s Cerenzia, 3.3 acres; Sun Ranch;176 acres, Rey Medel,30 acres; and Dune Lakes, 859 acres.
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CITY COUNCIL MINUTES .October 23,2007
Mr.Alvarado explained that the ASPI Group has requested the inclusion of about 3,800 acres into (|)
the city's urban growth area.The property is located in Mae Valley north of the Moses Pointe
development.He pointed out that the city cannot justify the inclusion ofthe entire 3,800 acres but
could bring in about 320 acres.
Kim Foster,Corporate Counsel for ASPI,mentioned thatthe population growth rate used bythe
Office of Financial Management for the Moses Lake area is not realistic as the area has great
potential for the siting of large industrial projects with the resulting influx of people and thusthe
need for large amountsof housing.He explained the type of development ASPIis proposing for
the 3,800 acresbutagreed thatifthe entire area could notbe included atthistime,they would be
willing to startwiththe 320 acres adjacent to the Moses Point property.
Mr.Alvarado stated that DuneLakes has requested the inclusion of 1,100+acres locatedsouth of
the Pelican Point development be included in the UGA.While thisareais adjacent to the city's
current UGA boundary,the cityhas no facilities in the area.The proponent plans to develop his
ownwatersystem butwould look tothecityfor sewer. The Planning Commission was concerned
abouturban sprawl andthe difficulty inannexing the property in the future and recommended that
this request be denied.
Jake Jacobson,Dune Lakes,stated that Moses Lake is going to grow and there will be a need for
housing.This area hastwomilesoflake frontage andthe existing development has a great deal
of open space.In orderto receivecityservices, the area will need to be annexed and, therefore
needs to be included in the UGA. The property is a planned unit development and has been
approved at city density.Water rights are available and this development would be an asset to the ^mt^
community.(|)
Larry Angell,Columbia Northwest Engineering,representing the property owner,stated thatthis
property is urban in nature.He gave some background onthe project.Phase 1is already built out.
The next 10 phases will include800 single family homes,140 townhouses,a golfcourse,retail and
commercialdevelopment, and recreational facilities.He mentioned that the development will be
served by the Pelican Pointwater system and additional water rightsare available.The area has
been approved forseptic systems but city sewerwould be preferable.The propertyis adjacent to
the city's urban growth boundary.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the recommendations of the Planning Commission be
accepted,seconded by Mr.Ecret and passed with Mr.Liebrecht opposed as he felt that Dune
Lakes should be included in the city's UGA
OTHER ITEMS FOR COUNCIL CONSIDERATION
JIGS'BLUE HERON PARK-CAMPGROUND ARCHITECT
The city is in the process of developing a campground at Blue Heron Park.The selection
committee reviewed the initial submissions of seven landscape architectural firms.After
presentations of the four semi-finalists,the Selection Committee recommended the city contract
with the team of Robert W.Droll,Landscape Architect,and Homer Staves,Campground
Consultant.
There was some discussion by the Council.
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CITY COUNCIL MINUTES October 23,2007
Action Taken:Mr.Ecret moved that the contract be awarded to the team of Robert W.Droll,
LandscapeArchitect,and Homer Staves,Campground Consultant,seconded by Mr.Liebrecht,and
passed unanimously.
PUD -UNDERGROUND UTILITIES -WAIVER
Grant County PUD requested a waiver to the requirment to install utilities underground for their
proposedimprovementsto a six milesectionofthe existing transmission line between the Larson
and Nelson Road Substations. The existingrouteisthrougha largely undeveloped areazoned for
industrial use.The line will remain in the same location and utilize the existing structure types an
poles
Jeff Shupe, Transmission and Distribution Engineering Manager,distributed maps showing the
route of the transmission line. He explained the need forthe additionalcapacity inthis area.
There was some discussion by the Council.
Action Taken:Mr.Reese moved that the variance be granted,seconded by Mr.Liebrecht, and
passed unanimously.
AGREEMENT -ADDITIONAL LAKE CROSSING
The draft ofan Inter-Local CooperativeAgreement between Grant County,the CityofMoses Lake,
the Port of Moses Lake and the Portof Ephrata was presented. This agreement would provide
funds for a preliminary feasibility study for an additional lake crossing overMoses Lake.
Action Taken:Mr.Pearce moved that the City Manager be authorized to sign the agreement,
seconded by Mr.Reese,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
COMFORT SUITES
Rod Goodwin, Comfort Suites,stated that he is appealing the denial ofthe Planning Commission
ofthe requestof Comfort Suites Inn to stripe the pedestrian crossingsinsteadofusingconcreteas
required bythe city code.He pointed outthat concrete will heave during the cold season and
eventually chips and deteriorates.Striping canbe repainted everyyear,which the owners intend
todo. The Planning Commission denied therequestfor avariance atthe Comfort Suites Inn,even
thoughthey granted the variance for otherdevelopments inthe city.
Gilbert Alvarado,Community Development Director,statedthatthe Planning Commissionreviews
all commercial developments. Oneofthe requirements isto provide pedestrian connectionswhich
are to be of a different materialthan the parkinglot. The code states that striping does not meet
the requirement ofa different material.Developers are resistant to using different materials and
request thatthey be allowed to use striping.In some instances the Commission has granted
variances to this requirement.Because of a timing issue, the contractor used paint for the
pedestrian connection and then requested a variance of the Planning Commission which was
denied.
V-^There was some discussion by the Council and itwas felt that the requirement for a different
material for pedestrian crossings be reviewed.
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