2008 05 136699
MOSES LAKE CITY COUNCIL[^_J May 13,2008
Council Present: Ron Covey, Richard Pearce,Bill Ecret,Dick Deane,Brent Reese,Jon Lane, and
Jim Liebrecht
PLEDGE OF ALLEGIANCE: Mayor Covey led the Council in the pledge of allegiance.
MINUTES:Mr.Pearce moved that the minutes of the April 22,2008 meeting be approved,
seconded by Mr.Lane,and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Vouchers audited and certifiedby the Finance Director as requiredby RCW 42.24.080, and those
expense reimbursementclaims,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 May 13,2008the Council does approve for payment claims in the amount of $789,812.13;
prepaid claims in the amounts of $46,221.20, $28,319.58,and $3,456.49;claim checks in the
amount of $1,499,448.35;and payroll inthe amount of $44,832.83.
Action Taken:Mr.Ecret moved that the bills,checks,prepaid claims, and payroll issued be
approved,seconded by Mr.Reese,and passed unanimously.
[^J PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Resolution -Accept Deed - GrantCounty: A resolution was presented which accepts a deed from JOc/o
GrantCounty for L Road located inthe Sparks Short PlatNo. 2.
Resolution-Abandon Easement -Fire Station#2:A resolution was presented whichabandons an JO/3
easement between the Fire Station #2 Short Plat and the VFW Short Plat.
Resolution -Accept Grant -Department of Health:A resolution was presented which accepts a /A3 /
grant in the amount of$1,644 from theWashington State Department of Health.The funds will be
used to replace broken medical equipment inthe Fire Department.
Accept Work -Sand Dunes Lab Addition:Tom-El Construction has completed work on the 2007 ^°^
Sand Dunes Lab Project.The work should be acceptedandthe 45 day lien period entered into.
Citv Annexation:The city is in the process of annexing its property adjacent to Airway Drive.The JO^p
Notice of Intent to Commence Annexation Proceedings was submitted for acceptance.
Olin Development -Annexation:Olin Development has requested the annexation of property /QSp
located on Ramm Road.The Petition for Annexation was submitted for acceptance.
ActionTaken:Mr.Lanemoved thatthe Consent Agenda be approved,seconded by Mr.Ecret,and
K^J passed unanimously.
6700
CITY COUNCIL MINUTES May 13,2008
COMMISSION APPOINTMENTS
/QOa PLANNING COMMISSION
Mayor Covey requested Council confirmation of the appointment of Todd Voth to the Planning
Commission.
ActionTaken:Mr.Pearce moved that the appointment of Todd Voth to the Planning Commission
be confirmed,seconded by Mr.Liebrecht,and passed unanimously.
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/OatO SPRING FESTIVAL MOTORCYCLE RALLY
The Spring Festival Motorcycle Rally requested permission to place bannersonthe Neppel Park
side of Alder Street,FiveCorners, and Third and Broadway from May 12 to June 16.
Joseph K.Gavinski,City Manager,statedthatthereare two sets of banners -one for the Spring
Festival Motorcycle Rally and then for The Wall.
ActionTaken:Mr.Ecretmoved thatthe request be granted for the banners to be erected fromMay
12 to May 27 for the Spring Festival Motorcycle Rally and from May 27 through June 16 for The
Wall,seconded by Mr.Liebrecht, and passed unanimously.
IOil VACATE RIGHT-OF-WAY -MOSES LAKE AVENUE
Mitchell Delabarre,representing Highland Holdings,has requested the vacationofthe right-of-way
of Moses Lake Avenue across the South Campus Park Binding Site Plan.
Joseph K.Gavinski,City Manager,pointed out that Moses Lake Avenue is part of an extensive
roadwaysystem throughthis area from Highway 17.This overall circulation planwas required by
the Departmentof Transportation prior tothe granting ofan access for the extension ofYonezawa
Boulevard requested bythe adjacent propertyowner to the South Campus Park BindingSite Plan.
Mr.Delabarre pointed out that the property ownership has changed and the new owners do not
have any plans for a roadwaythroughthis propertynorany plansto participate inthe cost of street
improvements.Since the cityalso has noimmediate plansto make the improvements,the property
owners have requested that the roadway easement be vacated.
There was some discussion.
PatAcres, representing Mr.Buley,the propertyowner who originally obtained the access fromthe
Department of Transportation and participatedinthe circulation plan,stated that negotiations are
on-going with developers forthe use of this property and traffic circulation to Road L is needed.
He pointed out that much of the road easement is located withinan existing PUD easement and
development cannot take place in that easement anyway.The road will be constructed by
developers and/or property owners in this area,not the city.
o
o
O
6701
CITYCOUNCIL MINUTES May 13,2008
^)Dan Stall,Columbia Northwest Engineering,representing Mr.Buley,showed the location of the
150'wide PUDeasement and the 60'roadway easement.He pointed out that 50'of the roadway
easement lies withinthe PUD easement.He gave a brief background on the efforts to establish
the traffic circulation in this area and the improvements completed.
Ken Jorgenson,property owner in the area,statedthathe isopposedtothe abandonment ofthe
roadway because it provides access throughthe area for future development.
Doug Robins,606 Laguna,property owner in the area,statedthathe has hada business in this
area for 15 years and is opposed to the vacation of the roadway.
It was the consensus of the Council that no action be taken at this time.
ORDINANCES AND RESOLUTIONS
ORDINANCE -BUILDING PERMITS -2nd READING
/03C?
An ordinancewas presented which amends Chapter 16.02.Building Permits,to require lots not
serviced with adequate infrastructure to construct that infrastructure at the time a building or
development permit is requested.
The ordinance amending Chapter 16.02 of the Moses Lake Municipal Code entitled "Building
Permits"was read by title only.
K J There was some discussion by the Council.
ActionTaken:Mr.Pearce moved thatthe second readingof the ordinance be adopted,seconded
by Mr.Liebrecht, and passed unanimously.
ORDINANCE -OPEN SPACE AND PARKS - 2nd READING
Anordinance was presentedwhich amends Chapter 17.34,OpenSpace and Parks,to clarify that
open space provided ina platmust be mostly public space.
The ordinance amending Chapter 17.34 ofthe Moses LakeMunicipal Codeentitled "Open Space
and Parks"was read by title only.
Sally Sharp,1106 St.Helens Drive,mentioned that shewould like tobe able to construct a6'high
solid fence along the entrance to Hayden Park adjacent toherlot in order tocontain herdog in her
yard.
itwas pointedout that fencing is notthe issue with this ordinance.
ActionTaken:Mr.Deane moved that the second readingof the ordinance be adopted,seconded
by Mr.Lane, and passed unanimously.
ORDINANCE -ACQUIRE PROPERTY - 2nd READING
K^An ordinance was presented which will begin the process of acquiring property to complete the
Japanese Peace Garden.
/Of/
/DY0
6702
CITY COUNCIL MINUTES May 13,2008
The ordinanceof the Cityof Moses Lake,Washington,authorizing the CityAttorneyto acquireby
negotiation and/or condemnation of certain properties for the construction,expansion and
completion of the Japanese Peace Garden Park project;providing for the condemnation,
appropriation,taking and damaging of land and other property rights necessary therefore;all
located within the Cityof Moses Lakeas assessor's parcel number 11 0095 000 inGrantCounty,
Washington (in re Japanese Peace Garden Park project)was read by title only.
Joseph K.Gavinski,City Manager,statedthatthe additional adoption ofthis ordinance is required
to cure a technical objection since additional notice was required to be providedto the property
owner prior to the second reading of the ordinance.The notice and publication have been
completed as required by the statutory requirements.
Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded
by Mr.Pearce,and passed unanimously.
2 3l ORDINANCE -CITY SEAL AND LOGOS -1st READING
An ordinance was presented which amends Chapter 1.16,City Seal and Logos, by including the
recentlydeveloped logoas the form of the official City of Moses Lake business logo.
The ordinance amending Chapter 1.16 of the Moses Lake Municipal Code entitled "City Seal and
Logos"was read by title only.
There was some discussion concerning the use of the logo by business establishments in the
community.
Action Taken:Mr.Pearce moved that the firstreading of the ordinance be adopted,seconded by
Mr.Deane,and passed unanimously.
ORDINANCE -WATER REGULATIONS -1st READING
Ordinances were presented which amend Chapters 13.04,Sewer Regulations,13.07,Water
Regulations,17.25,Binding Site Plan, and 18.67, Planned Development District Zone, to allow
water and sewer service lines to be connected to private mains in binding site plans,planned
development districts, and commercial and industrial development.
Gary G.Harer,Municipal Services Director,explained the changes in the ordinances to allow
property owners to connect to private mains.
There was some discussion by the Council.
The ordinance amending Chapter 13.04 of the Moses Lake Municipal Code entitled "Sewer
Regulations"was read by title only.
Action Taken:Mr.Ecret moved that the first reading ofthe ordinance be adopted,seconded by Mr.
Pearce,and passed unanimously.
The ordinance amending Chapter 13.07 of the Moses Lake Municipal Code entitled "Water
Regulations"was read by title only.
o
o
o
6703
CITY COUNCIL MINUTES May13, 2008
[^J Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by
Mr.Lane,and passed unanimously.
The ordinance amending Chapter 17.25 of the Moses Lake Municipal Code entitled "BindingSite
Plan"was read by title only.
Action Taken:Mr.Lane moved that the firstreading ofthe ordinance be adopted,seconded by Mr.
Deane,and passed unanimously.
The ordinance amending Chapter 18.67 of the Moses Lake Municipal Code entitled "Planned
Development DistrictZone"was read by title only.
Action Taken:Mr.Liebrecht moved that the first reading of the ordinance be adopted,seconded
by Mr.Lane, and passed unanimously.
ORDINANCE -REC SILICON II -ANNEXATION -1st READING yOS^>
An ordinancewas presented which provided forthe annexation and zoning of the property owned
by REC Silicon adjacent to Road N.
The ordinance annexing property commonlyknownas the RECSolarGrade Silicon II annexation
to the City of Moses Lake,Washington, and incorporating the same within the corporate limits of
the Cityof Moses Lake was read by titleonly.
[^J Gilbert Alvarado,Community Development Director,stated that the county Public Works noted a
discrepancy betweenthe legal description andthe mapssubmittedtothe Boundary ReviewBoard.
The correctmaps were sent and the BoundaryReview Board has received no comments.
Larry Campbell,located on Road Nnorth ofRoad4, statedthattheyhavetwohomeson50acres
and requestedthe city address the problems associated with an industrial development such as
devaluation of neighboring property and emissions.
Mr.Alvarado stated that he has talked to the propertyowners inthe area and the problems raised
are not considered during the annexation process butwould be addressed during the permitting
processes.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by
Mr.Liebrecht,and passed unanimously.
^J
RESOLUTION -MCKAY SEED - BUILD ON UNPLATTED PROPERTY
A resolution was presented which requested permission for McKay Seed Co.to construct three
steel grain bins on unplatted propertyat 2945 Road N NE.
The resolution allowing McKay Seed Company,Inc.to build onunplatted property was read bytitle
only.
//Jb'/}
6704
CITY COUNCIL MINUTES May 13,2008
Gilbert Alvarado,CommunityDevelopment Director,stated thatthe propertyislocatedatthe corner
of Wheeler Road and Road N NE and is adjacent to unplatted property where the Council also
granted permission to build.The resolution requires thatthe property be platted within one year.
Don Sloan,Manager,McKay Seed Company,Inc.,statedthattheywishto construct the grain bins
along the north side of the existing building.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Lane, and passed
unanimously.
REQUEST TO CALL FOR BIDS
jQ/y INIFIELD GROOMING MACHINE.TRUCK BODIES.CRANES.AND FLATBED
Staff requested authorization to call for bids for an infield grooming machine and flatbed for the
Parks and Recreation Department, and two service bodies and cranes for the Water and
Wastewater Divisions.
Action Taken:Mr.Pearce moved that staff be authorized to call for bids,seconded by Mr.Deane,
and passed unanimously.
j/faU 2008 SEWER LINING PROJECT
Staff requested authorization to call for bids for the 2008 Sewer Lining Project. This project
includes lining 37,000 feet of 8"concrete sewer pipe inthe Lakeview Terrace area.
Action Taken:Mr.Deane moved thatthe staff be authorized to call for bids,seconded by Mr.Ecret,
and passed unanimously.
jO/J 2008 PENINSULA AND LAKESHORE PROJECT
Staff requested authorization to call forbids forthe 2008 Peninsula and Lakeshore Project. This
project includes improving Peninsula Drivefrom Wanapum Driveto just north of Battery Road with
new asphalt,curb, gutter,5'wide planter areas on both sides,a 5' wide sidewalk on the east side
and a 10'wide activity trail on the west side.The asphalt width will be 30'wide which will provide
2 traffic lanes and parking on one side only.Staff recommended that parking be allowed on the
west side,which is the same side as the activity trail.
There was some discussion by the Council.
Richard Beeson,3010 W.Peninsula,Space 120,wanted to know how close the project would
come to the boundary of the Peninsula Estates MobileHome Park. He was also concerned about
work hours and dust control.
It was pointed out that the project would be within a few feet of the fence and the work hours and
dust control will be addressed in the contract.
Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Ecret,and
passed unanimously.
O
O
o
6705
CITY COUNCIL MINUTES May 13,2008
K^J 2008 MUNICIPAL AIRPORT SLURRY SEAL PROJECT
Staffrequested authorization to call for bidsfor the2008 Municipal Airport Slurry Seal Project.This
project includes slurry sealing approximately 35,000square yardsof runway and taxiways.
Mr.Pearce explained the project.
Action Taken:Mr.Pearce moved that staff be authorized to call for bids,seconded by Mr.
Liebrecht,and passed unanimously.
REFERRALS FROM COMMISSIONS
NON-CONFORMING USE -KNIGGE
Doug and April Knigge owna homeat 1087W.Marina Drive,in a C-2,General Commercial and
Business,Zone, which is a non-conforming use.They have requested permission to construct a
new garage on this property and then demolish two older existing structures.The Planning
Commission recommended that the request to construct a new garage as an accessory use to the
existing non-conforming home be granted.
Gilbert Alvarado,Community Development Director,stated that there are a few homes in
commercial and industrial zones that are non-conforming.The property owner in this case is
improving the home andwishes to continue the improvement by constructing a garage andthen
demolishing the two existing out buildings.
Doug Knigge statedthattheyhavemade improvements tothehomeandthe existing garage needs
to be demolished. Constructing a new garage will also allow them to demolish the other two
existing out buildings.
Richard Beeson,3010 W. Peninsula,Space 120,stated that he isinfavorof the projectbut pointed
out that there is an alley behind the propertywhich ifitwere maintainedwould allowhimto have
access from the rear of the property.
ActionTaken:Mr.Reese moved thatthe request be granted,seconded by Mr.Ecret,and passed
unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
AGREEMENT -BLUE HERON PARK CAMPGROUND
Authorization was requested for the City Manager to sign the agreement with RobertW.Droll,
Landscape Architect for the development of a conceptual design for the Blue Heron Park
Campground.
Action Taken:Mr.Ecret moved that the City Manager be authorized to sign the agreement,
seconded by Mr.Liebrecht, and passed unanimously.
AGREEMENT -WESTERN DISPLAY FIREWORKS
Authorization was requested for the City Manager to signthe agreement with Western Display
Fireworks forthe 4th of July fireworks display.
/OOLp
/GO I
//&>
6706
CITY COUNCIL MINUTES May 13,2008
Action Taken:Mr.Pearce moved that the City Manager be authorized to sign the agreement,
seconded by Mr.Liebrecht, and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
//</£SAND DUNES/LARSON WASTEWATER TREATMENT PLANTS
Joseph K.Gavinski,City Manager,distributed a report from the Department of Ecology on the
inspections completed at the Sand Dunes and Larson Wastewater Treatment Plants.The
Department of Ecology congratulated thecityonthe experienced,well trained,andcompetentstaff
in charge of these wastewater treatment plants.
^"7 THIRD AVENUE
Joseph K.Gavinski,City Manager,stated thatthe city received a request from Richard Beeson
regarding the unkempt condition ofWest Third Avenue,westofW.Broadway.He stated thatstaff
has investigated the issue and the adjacent property owners will be notified concerning items
placed in the right-of-way.The property ownershave indicated a willingness to cleanupthe area.
Richard Beeson,3010 W.Peninsula,Space 120,stated that he was concerned that trees are
growing inthe right-of-way and the deteriorated condition of the area.
Mr.Gavinski pointed outthatcityhas inherited right-of-way in variousareas that has never been
developedandthathavebecome overgrown.Becauseofthedevelopmenttaking place inthearea
the problem is beingaddressed. Hementioned thatthere isa possibility thatthe citymay vacate
this right-of-way.
//Jfa D&L FOUNDRY -COVENANT
1^Joseph K.Gavinski,City Manager,stated that Busby has submitted plans to connect to the city's
sewer system and at this time there is no need to call inthe covenant associated withthe D&L
Foundry property.
10*if RETRO PROGRAM
/DJ3
Joseph K.Gavinski,City Manager,stated that the AWC Retro poolis doingwelland a refund will
made to the city.
GRANT COUNTY ANIMAL OUTREACH
Joseph K.Gavinski, City Manager, submitted reports fromthe Grant County AnimalOutreach.
There was some discussion concerning the possibility of using self-help funds to upgrade the
facilities.
m
o
o
w
W
CITY COUNCIL MINUTES
6707
May 13,2008
MERTEL-APPEAL
Joseph K.Gavinski,City Manager,reported that the Hearing Examiner ruled in favor of the city
concerning the CB tower on Mike Mertel's property at the end of the peninsula.Mr.Mertel is
requiredto bring the tower into compliance with the permit issued several years ago.
RETREAT REPORT
Joseph K.Gavinski,City Manager,submitted the report of the City Council/staff retreat and
reported on the staffing requests.
SALES TAX/TRANSIENT RENTAL INCOME
The city received $385,196.04 in sales taxand $29,127.16 in transient rental income in April 2008.
HEARING EXAMINER -STUDY SESSION
iJSi
Mayor Covey statedthatthePlanning Commission Chairman has requesteda meeting with theCity
Council to discuss the role of the Planning Commission when the Hearing E^amjn^Li&establisraed.
The regular meeting was adjourned at 9:55 p.m.d^>^
ATTEST:
Ronald C.Covey,Ma$)
Ronald R.Cone,Finance Director