2008 07 22u
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6736
MOSES LAKE CITY COUNCIL
July 22,2008
Council Present: Ron Covey,Richard Pearce,Bill Ecret,Brent Reese,Jon Lane, and Jim Liebrecht
Absent:Dick Deane
PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes ofthe July 8,2008 meeting be approved,seconded
by Mr.Lane, and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
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 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 July 22, 2008the Council does approve for paymentclaims inthe amountof $446,486.38;
prepaid claims inthe amountsof $48,205.07,$143,754.73,and $7,669.17;claim checks in the
amount of $3,528,034.55;and payroll inthe amount of $84,393.08.
Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be
approved,seconded by Mr.Reese,and passed unanimously.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Accept Work -2007 Paxson Plat Water Main Project:Advanced Excavation has completed work //&&
on the 2007 Paxson PlatWater Main Project.The workshould be accepted and the 45-day lien
period entered into.
Grant's Landing Preliminary Maior Plat and Findings of Fact:Columbia Northwest Engineering,/^^
representing Rocky Butte Land &Cattle LLC,submitted a7.25-acre one-lot preliminary plat located
east of Division Street and south of Yonezawa Boulevard.The site is zoned R-3,Multi-family
Residential,which corresponds with the Comprehensive Plan Land Use Designation of High
Density Residential.The Planning Commission recommended that the preliminary plat be
approved with conditions.Also attached for Council approval are the Findings of Fact.
Moses Lake Industries - Wastewater Discharge Permit:A wastewater discharge permit was /D^/
presented for Moses Lake Industries.The permit allows a maximum daily flow of 22,000 gallons
into the Larson wastewater system.
Resolution -Parkside Place MaiorPlat-Accept Utilities:A resolution was presented which accepts
municipal improvements constructed as part ofthe Parkside Place Major Plat.
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Voth #2 Short Plat- Deferral Reouests:Phil Bloom, Columbia Northwest Engineering,submitted >^
a request for deferrals of the subdivision requirements for the proposed Voth #2 Short Plat.The
requested deferrals are for the design and construction of Pheasant Street and utility
t J improvements,with a request for acovenant for future improvements tied to Lot 1;and to install
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CITY COUNCIL MINUTES July 22,2008
street tree landscaping when building permits are issued on each lot and prior to the issuance of ([)
aCertificateofOccupancy. The Planning Commission recommended thatthe deferralsbe granted
withthe stipulation that a covenant be required forthe improvements in the future, and that the
request to defer landscape buffers until Certificatesof Occupancy's are issued be granted.
Action Taken:Mr.Ecret moved that the ConsentAgenda be approved,seconded by Mr.Lane, and
passed with Mr.Reeseabstaining from votingonthe Wastewater DischargePermitforMoses Lake
Industries.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/Cf 7 ORDINANCE -MARINA DRIVE VACATION -1st READING/PUBLIC HEARING
CarlosDiassubmitted a petition forthe vacation of an additional 5'of right-of-way on Marina Drive
adjacent to Lot 11,Parkhill-Scea Addition.
Gilbert Alvarado,Community Development Director,stated that Mr.Dias previously requested the
vacation of 10'of Marina Driveinorder to construct a building at this location. Upon review of the
building permit itwas discovered thatan additional 5'ofvacated right-of-way wouldbe needed to
meet the setback requirements.He pointedoutthat none ofthe building iswithinthe vacated right-—.
of-way.He mentioned that the PUD submitted a letter objecting tothe vacation but have indicated (f )
that since the city is retaining an easement for the utilities in this location they would have no
objection to the vacation.
The public hearing was opened.
Action Taken:Mr.Ecret moved that the public hearing be closed,seconded by Mr.Pearce,and
passed unanimously.
The ordinance vacating a portion of Marina Drive was read by title only.
Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
jOdO SIGNS -MOSES LAKE BUSINESS ASSOCIATION
The Moses Lake BusinessAssociation requested permission to place one sandwich board sign on
the southwest corner of Broadway and Alder on the firstThursday of each month to advertise their
general meeting.
Gilbert Alvarado,Community Development Director, pointed out that this is an off-premises sign
which will be placed on the sidewalk.Itis usually put out a couple of days before the meeting and
must be taken in at night.
Action Taken:Mr.Pearce moved that the request be granted,seconded by Mr.Liebrecht,and (T)
passed unanimously.
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CITY COUNCIL MINUTES July 22, 2008
^J NOISE REGULATIONS -CHIP SEAL PROJECT /O/Q^
GraniteAsphalt, dba Basin Asphalt,requested permission to begin work on chip sealing streets in
the Wheeler Road area at 4 a.m.and the streets in the Lakeview area at 6 a.m..New
specifications fromthe Washington State DepartmentofTransportation prohibit chipsealingwhen
the asphalt temperature is more than 120 degrees.The work will begin the week of August 4 and
be finished within three weeks.
Gary Harer,Municipal Services Director,pointed out that it will take about half an hour to set up
the traffic controls so the actual chip sealing will begin at about 4:30 a.m.and 6:30 a.m.
Action Taken:Mr.Ecret moved that the request be granted,seconded by Mr.Lane, and passed
unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND 16.52 -INSTALLATION AND MAINTENANCE OF AUTOMATIC FIRE /a3C
EXTINGUISHING SYSTEMS -1st READING
An ordinance was presented which brings Chapter 16.52,Installation and Maintenance of
AutomaticFire Extinguishing Systems,intocompliancewiththe recentlyadopted International Fire
Code.
—The ordinance amending Chapter 16.52 of the Moses Lake Municipal Code entitled "Installation
M and Maintenance of Automatic Fire Extinguishing Systems"was read by title only.
ActionTaken:Mr.Pearce moved that the firstreading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
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ORDINANCE - AMEND 18.20 -RESIDENTIAL ZONES -1st READING
An ordinance was presented which amends the residential zones to allow buildings toa height of
40'inthe R-3zone and allows larger detached structures with a corresponding increaseinlotsize
and setbacks.
Gilbert Alvarado,Community Development Director,stated thatthe changes were made at the
request of the development community.He gave some background on the requests and the
reasons for the amendments.
TomTaylor,Fire Chief,statedthatthe Fire Department was concerned about the increased height
sine the Fire Department has a limited ability to reach some of the higher buildings.After
discussing the issue,the amendments proposed satisfythe concernsofthe Fire Department.
The ordinance amending Chapter 18.20 ofthe Moses Lake Municipal Code entitled "Residential
Zones"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.
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CITY COUNCIL MINUTES July 22,2008
RESOLUTION -INTERFUND LOAN
A resolution was presented which providesfor a $500,000 loan from the Water/Sewer Fundtothe
Building Maintenance Fund.
The resolution authorizing an inter-fund loan to the Building Maintenance Fund 528 from the
Water/Sewer Fund 410 was read by title only.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Liebrecht,and
passed unanimously.
y/^7 RESOLUTIONS -NUISANCE REQUIRING ABATEMENT
James A.Whitaker, CityAttorney,stated that the propertyowners of 813 Catalpa,1121 Columbia,
and 705 D Street were notified to abate the nuisances discovered on their property.The property
owners have failed to abate those nuisances and resolutions have been drafted which authorize
the city to abate the nuisances.
The witnesses were sworn in.
Jim Whitaker, CityAttorney, reminded the Councilthat this is a quasi-judicialmatter and that the
Councilwill be determining whether ornot there is reason to use the city's powerto enter upon the
private property of a citizen for a lawful purpose.
813 Catalpa Street:The owner of Lot 17,Hall-Weber Addition was sent a Notice of Violation and f|)
Orderto Correct or Cease Activity. No appeal was taken from that notice and the violationwas not
corrected,so a hearing before the Council was scheduled.
Testimony was taken from Don Pohjola,Code Enforcement Officer, concerning this issue.
Mr.Whitaker stated that based on the photographs and the testimony that the weeds and grasses
remain.The weeds and grasses have been there since before June 9.The time to correct has
passed.The Council is requested to adopt the resolution finding that City Mortgage, Inc. is the
owner based on the testimony of Mr.Pohjola;that City Mortgage, Inc.was served with a notice of
violation;that a hearing has been held at which the property owner had an opportunity to appear
but did not;and authorize the City Manager to clean up the property.
The resolution determining that City Mortgage,Inc.is the owner of certain real propertywithin the
city;that a nuisance requiring abatement by city forces or forces contracted by the city exists on
such property;and directing the use of such forces to abate the nuisance found was read by title
only.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
1121 Columbia Avenue:The owner of Lot 5,Block 10,Guffin Eccles Addition was sent a Notice
of Violation and Order to Correct or Cease Activity. No appeal was taken from that notice and the
violation was not corrected,so a hearing before the Council was scheduled.
Testimony was taken from Don Pohjola,Code Enforcement Officer,concerning this issue.
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CITY COUNCIL MINUTES July 22, 2008
{^_J Mr.Whitaker stated that based on the photographs and the testimony that the weeds and grasses
remain.The weeds and grasses have been there since before May 19.The time to correct has
passed.The Council is requested to adopt the resolution finding that Grant Holding LLCis the
owner based on the testimony of Mr.Pohjola;that Grant Holding LLCwas served with a notice of
violation;that a hearing has been held at which the property owner had an opportunity to appear
but did not;and authorize the City Manager to clean up the property.
The resolutiondetermining that Grant Holding LLC isthe owner of certain real propertywithin the
city;that a nuisance requiring abatement by city forces or forces contracted by the cityexists on
such property;and directing the use of such forces to abate the nuisance found was read bytitle
only.
Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Lane, and passed
unanimously.
705 D Street:The owner of Lot 15,Terminal Park Addition #2 was sent a Notice ofViolation and
Orderto Corrector Cease Activity.Noappeal was taken fromthat notice and the violation was not
corrected, so a hearing before the Council was scheduled.
Testimony was taken from Don Pohjola,Code Enforcement Officer,concerning this issue.
Mr.Whitaker stated that based on the photographs and the testimony that the weeds and grasses
remain.The weeds and grasses have been there since before May 19.The time to correcthas
passed. The Council is requested to adoptthe resolution finding that Grant Holding LLC isthe
M ownerbased on the testimony of Mr.Pohjola;that Grant Holding LLC was served with a noticeof
^"^^violation;that a hearing has been held at which the property owner had an opportunity to appear
but did not; and authorize the City Manager to clean up the property.
The resolution determining that Grant Holding LLC isthe ownerof certain real property within the
city;that a nuisance requiring abatement by city forces or forces contracted bythe city existson
such property;and directing the use ofsuch forces toabatethe nuisance found was read bytitle
only.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Liebrecht, and
passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
SPARKS ANNEXATION
David Sparks has submitted a Notice of Intention to Commence Annexation Proceedings and a
Petition for Annexation for property located along the north frontage road.Mr.Sparks has
requested the Council to expedite the annexation process.
I J Joseph K.Gavinski,City Manager,explained that the property is being developed at this time and
needs water service.
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CITY COUNCIL MINUTES July 22,2008
Action Taken:Mr.Liebrecht moved that the Notice of Intent be receipted and accepted and the
Petition for Annexation be accepted,seconded by Mr.Lane, and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
//3S PROCLAMATION
A proclamation declaring the Cityof Patigi,Kwara State,Nigeria as a companion cityto the City
of Moses Lake was read in its entirety.
/O?^POPULATION SIGNS
Mayor Covey stated thatthe population signs for Moses Lakeshowthe city's population butthere
has been a request to change the signs to show the populationof the greater Moses Lake area.
Letterswere read fromGrantCounty EDC,the Moses Lake Business Association,andVision 2020
requesting that the population signs for Moses Lake include the service area of approximately
38,000.
There was considerable discussion by the Council but no action was taken.
CITY MANAGER REPORTS AND COMMENTS
/O^V AWC RETRO PROGRAM
Joseph K. Gavinski, City Manager, distributed information from the Association of Washington
Cities that shows the city has received refunds of about $52,671 fromthe retro pool.
J030 DESERT ROCK EXCAVATION
Joseph K.Gavinski, City Manager,mentioned that there has been concerns about the illegal rock
crushing operation located east of the Municipal Airport.Arrangements are being worked out
between the state and the owner of the property concerning the reclamation of the property.
/030/I BUILDING ACTIVITY REPORT
The June 2008 Building Activity Report was presented.
:/3u?FINANCIAL REPORT
Joseph K.Gavinski,City Manager,stated that the financial report for the period ending June 30,
2008 has been posted on the city's web site.
//3f AMBULANCE REPORT
The ambulance report for the period ending June 30,2008 was provided.
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CITY COUNCIL MINUTES July 22,2008
GRANT COUNTY FAIRGROUNDS
A report prepared by Shawn O'Brien,City Engineer,on the Grant County Fairgrounds sewer
project was distributed.
Mr.O'Brien stated that after the large sewer system proposed by the county for the fairground was
disallowed,the county solicited bids for an approved system.The project amount to $2.2 million
and ended up being a $3.5 million project.The cost increase was due to the addition of four
additional septic systems under a change order of over $900,000.He gave some information on
how the system would work and the cost.The county has so far spent about $1.1 millonthe septic
systems installed so far.
The regular meeting was adjourned at 10:20 p.
Ronald C.Covey,Mayof'
ATTEST:^~
jpt^z-
R6nald R. Cone,Finance Director