2008 10 14^J
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6769
MOSES LAKE CITY COUNCIL
October 14,2008
Council Present:Ron Covey,Richard Pearce,Bill Ecret, Brent Reese,Jon Lane, Dick Deane,and
Jim Liebrecht
PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes of the September 23,2008 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 Director as required by RCW 42.24.080,and those
expense reimbursement claims, certifiedas 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 October 14,2008 the Council does approve for payment claims in the amount of
$1,330,055.97;prepaid claims inthe amounts of $1,875.15, $26,441.53, and $36,515.31;claim
checks inthe amount of $843,937.78;and payroll inthe amounts of $2,820.59 and $43,030.54.
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
EMPLOYEE PRESENTATIONS
Community Development Department:Kevin Myre,BuildingOfficial,was introduced to the Council.
CONSENT AGENDA
Dorsing 2nd Short Plat:Columbia Northwest Engineering,representing Craig Dorsing,requested //*&
a waiverof the requirementthatWaterford Lane extend to the boundaryof the plat;an easement
isproposedtoaccommodatethe street in the future;a deviation from the requirement thatlotdepth
to width ratio be no more than 3 to 1;and a deferral of the requirement to install street frontage
landscaping atthe timeof platting.Landscaping will be installed beforea Certificate ofOccupancy
is issued foreach lot.The Planning Commission recommended that the waivers, deviations, and
deferrals be granted.
Resolution -Accept Improvements -Autozone:A resolution was presented which accepts //^>
municipal improvements constructed as partof the Autozone development.
Resolution -Accept Improvements -The Lakes Major Plat: A resolution was presented which
accepts municipal improvements constructed as part of The Lakes Major Plat.
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Resolution -Set Date for Public Hearing -Blanchet Vacation:A resolution was presented which -j,
sets a public hearingto consider the vacation of a portion of Blanchet Avenue.
(J Resolution -Inter-Fund Loan:A resolution was presented which provides for an inter-fund loan
from the Water/Sewer Fund to the Building Maintenance Fund.
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CITY COUNCIL MINUTES October 14,2008
Action Taken:Mr.Deane moved that the Consent Agenda be approved,seconded by Mr.
Liebrecht,and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
//bP WELL 3 DRILLING PROJECT
The cityreceivedtwobids for theWell3 drilling project.This project consists of drilling a new well
near Knolls Vista school.
Action Taken:Mr.Reese moved that the bid be awarded to Schneider Equipment,Inc. in the
amount of $511,877.60,seconded by Mr.Pearce, and passed unanimously.
)J/Q DIVISION STREET ACTIVITY TRAIL REBID
The cityreceivedtwo bids for the Division Street Activity Trail.This project consists of filling the
landscaping strip between the curb and sidewalk on Division Street from 7th Avenue to9th Avenue
and installing handicapped ramps on the west side of Division for crossings at 7th,8th and 9th
Avenues.
Gerry McFaul,CityEngineer, pointedoutthat along Division Street the parking stripis being filled
into providefora 10'wide pedestrianand bicyclepath. Hementioned thatthe areaisheavilyused
by pedestrians and bicyclists and it is the intent to eventually extend the activity trail to Nelson
Road.
Action Taken;Mr.Liebrecht moved that the bid be awarded to Halme Construction in the amount
of $81,306.75,seconded by Mr.Lane,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
*BABE RUTH WORLD SERIES/|o°\
Randy Boroff stated that the contract between Columbia Basin River Dogs and Babe Ruth would
be signed which will bring the 2009 Babe Ruth World Series to Moses Lake.
Robert Faherty, Vice President,Babe Ruth Baseball,stated that they are signing the contract to
bring the 2009 16-18 Babe Ruth World Series to Moses Lake.
10?^CRITTENDEN -COMPREHENSIVE PLAN AMENDMENT -PUBLIC HEARING
Ed Greer,on behalfof O'Dell Crittenden,has submitted a request to amend the Land Use Element
portionof the Comprehensive Plan. Specifically, the proposal isto re-designate a portionof parcel
#170542000 and a portion of parcel #190681000 from Light Industrial to Medium Density
Residential.The request is for approximately 160 acres.
Gilbert Alvarado,Community Development Director,stated that a public hearing has been ^.
scheduled and testimony should be heard but no action should be taken until after the SEPA review ([)
process concludes next week since that decision can be appealed.
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CITY COUNCIL MINUTES October14,2008
{^_J Mr.Greer mentioned that Mr.Crittenden owns a total of 340 acres in this area but the area
proposed to be changed from Light Industrial to Medium Density Residential is 160 acres. He
pointed outthatthe area includesa past mining operation that has increasedthe alreadyexisting
slope on the eastern partof the property.He pointed out that there is little medium density land
available for development inthe city limitswhilethere is abundant industrial landavailable.There
is already about 1,000 acres of industrial land within the citylimits andanother 1,000acres within
the UrbanGrowth Boundary. He mentioned that the planisto develop the area witha master plan.
Besides the proposed planned residential development, another 180 acres would be a planned
industrial park.Discussions were begun with city staff in March 2008 and the Planning
Commission recommended approvalofthe proposed change.Staff first notifiedhimin September
of the possible location of railroad right-of-way through this property.He pointed out that the
railroad was originally shown as following Wheeler Road and Highway 17. He mentioned that
placing a railroad through this property would considerably devalue the property and thata railroad
is not compatible with a light industrial zone. Hewent overthe errors he felt were stated inthe
letters from Grant County EDC,Columbia Basin Railroad,and the Port of Moses Lake. He
distributed a letter from Miller Nash, their land use attorney, which outlines the reasons the Council
should considerthe application on its merits rather than on the possibility of a railroad being
constructed through the property.
The publichearing was opened.
Lynn Garza,President ofthe Grant County Economic Development Council wentover the letter
submitted by Grant County EDC which opposed the redesignation of the property from light
industrial to residential since there isa limited inventoryof light industrial landinthe city.The EDC^_J feels it is inappropriate to place residential uses adjacent to light industrial uses as it limits the use
ofthe land byindustrial users.She pointed outthat this area isthe largest piece of light industrially
zoned property in the Moses Lake area.She mentioned that there is an adequate amount of
residentially zoned propertyalreadyexisting in Moses Lake.
Megan Murphy,attorney representing the Columbia Basin Railroad,stated that they are objecting
tothe land use designation change.She pointed outthat discussions ofanew railroad route have
been ongoing for the past five years.She mentioned that the Washington State Department of
Transportation has already spend $2,000,000 studying anew route for the railroad and have been
unableto find a routethatdoes notextend throughthis property.She mentioned thatthe property
owner wasmadeaware ofthis potential project several years ago.Byusing the route through Mr.
Crittendens'property,the city would eliminate 12 public crossings within the city.She requested
thatthe Council denythe requesttochangethe land use designation for this property.
Craig Baldwin,Port ofMoses Lake,requested that the Council deny the application for the change
in the land use designation because industrial property is very important and it is fairly limited.He
pointed out that the Port Commissioners have sent a letter requesting that the change to the land
use designation bedenied.He pointed out that the State ofWashington provided $2,000,000 for
a study to determine the best route for the railroad.It is a long process since the final
determination is made in Washington,DC.He pointed outthat during the SEPA process the
property owners were contacted in order to gain access to their property to look at wetland
conditions,among otherthings,and the Crittendens denied access totheir property.He mentioned
thatthe Council previously agreedto support the location ofthe railway.
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CITY COUNCIL MINUTES October 14,2008
Terry Brewer,Grant County Economic Development Council,statedthathewas in agreementwith
the previous comments by Ms.Murphy and Mr.Baldwin.He pointed outthat Grant County EDC
markets Moses Laketo potential developersand removing 160acresof light industrially zoned land
would be detrimental to those efforts.He mentioned that lightindustrial uses and residential uses
are not compatible.
Bill Gilman,J. R.Simplot,stated that he was not infavorofthe change inthe landuse designation
forthe Crittenden property and submitted a letter opposing the request.
Mr.Greer pointed out that there is virtually no more property designed for residential inthe city
limits which is one reason for the request to change the land use designation. The propertyis
close to the downtown.He mentioned that in other cities light industrial next to residential is not
uncommon. He pointed outthat light industrial leans moretowardsoffice space anddoes notneed
rail service. He pointed out that whilethere may not be much light industrial propertythere is a
greatdeal of heavy industrial whichcouldbe changed to light industrial.
Brig Temple,President,Columbia Basin Railroad,pointed outthatthe property isunderthe flyway
of the Municipal Airport which is incompatible with residential development. He mentioned that
other routes were considered butthis route is the one with the most open land with no residences.
A letter was submitted from the Moses Lake AirportCommission opposing the redesignation of the
Crittenden property as itwould not be compatible with airport operations.
ActionTaken:Mr.Reese moved that the publichearingbe closed,seconded by Mr.Liebrecht,and
passed unanimously.
Mayor Covey pointedoutthatthe Council cannotmade adecision until the SEPA review period has
been completed.
There was some discussion by the Council on the route of the railroad and the amount of light
industrial land inthe city and the UGA and the growth rate forthe city.It was pointed out that the
flight pattern for the Municipal Airport does not intrude intothis area but the Airport Commission
does opposed this residential area.
ORDINANCES AND RESOLUTIONS
/Of 7 ORDINANCE -ALLEY VACATION -2nd READING
Carlos Diaz has submitted a petition to vacate the alley adjacentto Lot 11,Parkhill-Scea Addition.
The ordinance vacating a portion of an alley was read by title only.
Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded
by Mr.Ecret,and passed unanimously.
•,j [p ORDINANCE -AMEND 3.54 -DEVELOPMENT REVIEW AND PERMIT FEES -1st READING
An ordinance was presented which establishes fees for review ofwaste water permits discharging
less than 750 gallons per day.
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CITY COUNCIL MINUTES October14,2008
i^J The ordinance amending Chapter 3.54 of the Moses Lake Municipal Code entitled "Development
Review and Permit Fees"was read by title only.
Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by
Mr.Lane,and passed unanimously.
ORDINANCE -ADJUST ZONING BOUNDARY -CARROLL ANNEXATION
EdGreerrequestedthatthe zoning boundary between the R-1 and R-3zones established for the
property located south of the proposed Lakes development and known as the Pat Carroll
Annexationbe adjusted to accommodate a proposeddevelopment. Setting the zoning boundary
at 353'south of the north propertyline,ratherthan at the halfway pointof the property,will better
accommodate the proposedhousingdevelopment.In essence,this request translates into a 16'
shift further north of the existing zoning boundary.
Gilbert Alvarado,CommunityDevelopment Director,explained the reasons for amendingthe zone
boundary by 16'.
Mr.Greer stated that moving the zoning boundary by 16'allows a better development of the
property.
The ordinance amending Ordinance No.2412 which annexed property commonly known as the
PatCarroll Annexation tothe City of Moses Lake,Washington,and incorporated the same within
the corporate limits of the City of Moses Lakewas readby title only.
ActionTaken:Mr.Pearce moved that the first readingof the ordinance be granted,seconded by
Mr.Reese,and passed unanimously.
RESOLUTION -ACCEPT DONATION -KING
Aresolution was presented which accepts thedonation ofa sound system from Michelle King.The
sound system will be used in the Parks and Recreation Department.
Theresolution accepting adonation ofasound system valued at$250 from Michelle King was read
by title only.
ActionTaken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Liebrecht,and
passed unanimously.
RESOLUTION -ACCEPT GRANT -WASHINGTON TRAFFIC SAFETY COMMISSION //7^
A resolution was presented which accepts a $4,000 grant from the Washington Traffic Safety
Commission to be used for DUI and speeding traffic safety emphasis.
The resolution accepting a grant tothe Moses Lake Police Department Traffic Safety Program was
read by title only.
Action Taken:Mr.Reese moved that the resolution be adopted, seconded by Mr.Lane,and
{^_J passed unanimously.
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CITY COUNCIL MINUTES _October 14,2008
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
//^(j?SUN TERRACE MAJOR PLAT -REIMBURSEMENT AREA
AHO requested that a reimbursement scheduled be established for reimbursement of the street
improvements to Road Fthat were required for the Sun Terrace Major Plat.
Action Taken:Mr.Lane moved that a street reimbursement schedule be established for Road F
withinthe Sun Terrace Major Plat,seconded by Mr.Ecret, and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
/C&3 ANIMAL CONTROL
Mr.Pearce stated that the dangerous dog committee has metand made some recommendations.
Breed specific legislationwas not recommended since the preponderance of the evidence showed
that it did not work and was very difficult to enforce.Some of the suggestions included the
requirement forowners to keep records on their dogs, increase the fee fordogs not spayed or
neutered and additional rules for potentially dangerous dogs.
Mayor Covey stated that information will be provided to the Council prior to the study session on
dangerous dogs and breed specific legislation crafted by other jurisdictions.He pointed out that
dogs need to be licensed and that dog owners need to be held responsible forthe actions of their
dogs.
Mr.Pearce mentioned that spayed and neutered dogs are more docile and the increase in
dangerous dogs are one resultof tougher gun legislationas people outside the laware using adog
for protection rather than a gun.
A study session was set for 6 p.m.on Tuesday,October 28.
CITY MANAGER REPORTS AND COMMENTS
IO/Q 2009 BUDGET
The 2009 Preliminary Budget was distributed and a study session was set for November 11 at 6
p.m.
;T SIDEWALK -LUCKY BREAK
Joseph K.Gavinski,City Manager,stated that a memo was provided stating that the changes
required in the sidewalk toaccommodate improvements tothe entrance to the Lucky Break building ^—^would not be done as the owner of the building determined that it would be better to make the *([)
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CITY COUNCIL MINUTES October 14,2008
adjustments on the inside of the building and leave the sidewalk as is.Since that memo was
written,additional discussions have taken place and there may be some changes to the sidewalk
after all.Staff will inform Council of the final decision when it is made.
GRANT COUNTY FAIRGROUNDS -SEWER
Joseph K.Gavinski,City Manager,stated that the Departmentof Health is investigating the sewage
systems at the Grant County Fairgrounds and has advised the Grant County Commissioners of
required permitting and/or reporting on these systems.
BUILDING ACTIVITY REPORT
The September 2008 Building Activity Report was presented.
FINANCIAL QUARTERLY REPORT
Joseph K.Gavinski,City Manager,stated that the quarterly financial report has been placed on the
city's website.
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GAMBLING TAX REPORT
The city received $104,549.97 in third quarter gambling taxes.
INVESTMENT REPORT
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The city received $29,276.02 in investment income for September 2008.
SALES TAX/TRANSIENT RENTAL INCOME
The city received $527,800.54 insales taxand $73,416.92 intransient rentalincome inSeptember
2008.
PARKS AND RECREATION REPORT
Spencer Grigg,Parks and Recreation Director,reported on the various activities ofthe Parks and
Recreation Department including the ice rink,the new parks,and the aquatic center.
The regular meeting was recessed at 9:50 p.m. and the Council met in an executive session to
discuss labor relations.The executive session was adjourned at 10:15 p.m.and the regular
meeting was reconvened.The regular meeting was.,adjouroed at >frTb p.i
Ronald C.Covey,Mayor
Ronald R.Cone,Finance Director