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MOSES LAKE CITY COUNCIL
November 11,2008
CouncilPresent: Ron Covey, RichardPearce,Bill Ecret, Brent Reese,Jon Lane, and Jim Liebrecht
Absent:Dick Deane
PLEDGE OF ALLEGIANCE: Mayor Covey led the Council inthe pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes of the October 28,2008 meeting be approved,
seconded by Mr.Liebrecht,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 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 November 11,2008 the Council does approve for payment claims in the amount of
$962,998.71;prepaid claims in the amounts of $31,339.65 and $7,475.06;claim checks in the
amount of $841,128.99; and payroll inthe amounts of $40,102.26 and $2,691.35,
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
RESOLUTION -DONATION -REC SILICON
REC Solar Grade Silicon has donated $16,000 to the Moses Lake Police Department.The
donation is in recognition and appreciation for the traffic control provided during the construction
at their Moses Lake facility.
Jim Flores,Construction Manager for RECSilicon,expressedhisappreciation for the traffic control
provided bythe Police Department and presented a check in the amount of $16,000.
The resolution accepting a donation from REC Silicon tothe Moses Lake Police Department was
read by title only.
Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Liebrecht, and
passed unanimously.
VISIONARY AWARDS
Bill Ecret,President,Vision 2020,presented the October Visionary Award to the City of Moses
Lake Parks and Recreation Department for the improvements to the aquatic center and the
November Visionary Award to Lowes.
CONSENT AGENDA
I J Grace Harvest Church Preliminary Major Plat and Findings of Fact:Columbia Northwest J/dfa^"^Engineering,representing Grace Harvest Church of Moses Lake,submitted a7.83-acre one-lot
preliminary plat.The site is located south ofJones Avenue,east of Division Street,and north of
Linden Lane. The site is zoned R-1,Single-family Residential,which corresponds with the
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CITY COUNCIL MINUTES November 11,2008
Comprehensive Plan Land Use Designation of High Density Residential.The Planning Commission
recommended that the preliminary major plat be approved with conditions.Also attached for
Council approval are the Findings of Fact.
PS(Lp Morgan Preliminary Maior Plat and Findings of Fact:Columbia Northwest Engineering,
representing Wayne Morgan,submitted an application to divide 8acresinto three multi-family lots.
The site is located northof Valley Road and west of Grape Drive,and is zoned R-3,Multi-family
Residential,which corresponds with the Comprehensive Plan Land Use Designation of High
Density Residential.Waivers and deviations have been requested for lotlinesnot perpendicular
to right-of-way,rolled curb adjacent to sidewalk on Meadow View Drive,access to Valley Road,
continuation of Meadow View Drive,the sewer main in Valley Road, and the pedestrian path
requirement.The Planning Commission recommended thatthe preliminary plat and Findings of
Fact be approved.
/'/<£c^Woodcrest Final Maior Plat and Findings of Fact:Clearwater Development LLC has submitted an
application for a final plat to subdivide 6.87 acres into26 single family lots. The site is located
south ofValleyRoadandeast of Paxson Drive.The areaiszoned R-1,Single Family Residential,
whichcorrespondswiththe Comprehensive Plan LandUse Designation ofLowDensityResidential.
The Planning Commission recommended that the final platand Findings of Factbe approved.
//d<&The Lakes Final Maior Plat and Findings of Fact:Columbia Northwest Engineering,representing
Patrick Carroll,has submitted an application fora one-lot final plat.The 20-acre platis located at
the end of Hamilton Road,south ofWheeler Road.The area is zoned R-3, Multi-family Residential,
and has been developed as a manufactured home park. The final plathas been modified to meet
the conditions of approval of the preliminary plat,and to incorporate a maintenance buildingthat
was constructed on adjacent propertytothe south.The Planning Commission recommended that
the final plat and findings of fact be approved.
JuU>Accept Work -2008 Municipal Airport Slurry Seal: Blackline, Inc.has completed the work for the
2008 Municipal AirportSlurrySeal project. This project consisted of slurrysealing the runways and
taxiwaysand re-striping the entire airport.The workshould be accepted andthe 45 day lien period
entered into.
v lp Resolution -Accept Improvements -Woodcrest Maior Plat: A resolution was presented which
accepts the street and utilityimprovements constructed as part of the Woodcrest Major Plat.
'--2/J Revolution - Accept Easement -Christensen:A resolution was presented which accepts an
easement for municipal purposes from Marcella Christensen for the construction,operation,and
maintenance of a sidewalk along the north property line at 1047 Oregon Street.
/^/d>Resolution -Grant Easement -PUD:A resolution was presented which grants an easement to the
PUD along the southeasterly 10'of Lot 2,Larson Playfield Plat.
Action Taken:Mr.Lane moved that the Consent Agenda be approved,seconded by Mr.Liebrecht,
and passed unanimously.
COMMISSION APPOINTMENTS
/^7 PARKS AND RECREATION COMMISSION C^)
Mayor Covey requested Council confirmation of the re-appointments of Brent Kirwin and Larry
Dennis to the Parks and Recreation Commission.
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CITY COUNCIL MINUTES November 11,2008
[^_J Action Taken:Mr.Ecret moved that the re-appointments of Brent Kirwin and Larry Dennis to the
Parks and Recreation Commission be confirmed,seconded by Mr.Lane, and passed unanimously.
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
ORDINANCE -BLANCHET AVENUE -1st READING/PUBLIC HEARING
WesternPacific Engineering,onbehalf of Rick Penhallurick,hassubmitted a petition tovacate that
portion of BlanchetAvenue adjacentto Park Orchard Tract23.
Gilbert Alvarado,Community Development Director,pointed outthata municipal easement will be
retained in the areaof Pine Drive and a 10'public utility easement along the south portion of the
right-of-way.
The ordinancevacatinga portion of BlanchetAvenue was read by title only.
The public hearing was opened.
ActionTaken:Mr.Peace moved that the publichearing be closed,seconded by Mr.Liebrecht,and
passed unanimously.
Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by
l\^J Mr.Pearce,and passed unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCES -TAXES -2ND READING
Ordinanceswere presented which fix the estimated amount to be received bythe City of Moses
Lake from property taxes in 2009 and sets the tax levy rate.
The ordinance fixing theestimatedamounttobe received from municipal purposes from taxations
on assessed valuations on property within the Cityof Moses Lake,Washington for 2009was read
by title only.
ActionTaken:Mr.Reese moved that the second readingof the ordinance be adopted,seconded
by Mr.Pearce, and passed unanimously.
The ordinance fixing the amount to be received from municipal purposes from taxations on
assessed valuations on property within the City of Moses Lake,Washington for 2009was read by
title only.
ActionTaken:Mr.Pearce moved thatthe second readingofthe ordinance be adopted,seconded
by Mr.Ecret,and passed unanimously.
ORDINANCE -ADOPT 2009 BUDGET -1st Reading
An ordinance was presented which adopts the 2009 budget./U/^>
/or/
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CITY COUNCIL MINUTES November 11,2008
The ordinance adopting the budget forthe City of Moses Lake,Washington for the year of 2009
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.
/Oo(P ORDINANCE -OLIN ANNEXATION -1st READING
An ordinance was presented which annexes property located adjacent to Ramm Road and
establishes the zoning as C-2,General Commercial and Business.
The ordinance annexing property commonly known as the Olin Development to the City of Moses
Lake,Washington,and incorporating the samewithin the corporate limits ofthe City of Moses Lake
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.
llbO ORDINANCES - ANIMALCONTROL - 1st READINGS
Ordinanceswere presented which establish regulations forhazardous dogs and amends the animal
control regulations.
The ordinance amending Chapter6.05 of the Moses Lake Municipal Code entitled "Animal Control"
was read by title only.
Joseph K.Gavinski,City Manager,explained that the animal control regulations have been
amended to requireadditionalinformationfromdog owners who apply foradog license. Additional
regulations have been drafted concerning hazardous dogs.
There was considerable discussion by the Council.
Action Taken:Mr.Ecret moved that the ordinance be amended by changing the list of items
required and/or appropriate and be adopted on a first reading,seconded by Mr.Liebrecht,and
passed with Mr.Reese opposed as he felt that the license fee for unaltered animals is too high.
The ordinance creating Chapter 6.06 of the Moses Lake Municipal Code entitled "Hazardous Dogs"
was read by title only.
There was additional discussion concerning insurance or bonds for hazardous dogs.Itwas the
consensus that the requirement for a surety bond should be eliminated.
The issue of banning "pit bull"breeds was discussed and Police Chief Mitchell stated that there is
an influx of pitbull breeds into Moses Lake and itis mostly irresponsible dog owners who have pit
bull breeds.
Action Taken:Mr.Pearce moved that the ordinance be amended to remove 6.06.040 B 4 and
amend 6.06.040 B 2 to include "the microchip is registered and the annual service fee is paid"and
with the changes the first reading be adopted,seconded by Mr.Liebrecht,and passed with Mr.
Reese opposed as he was against including breed specific language.
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CITY COUNCIL MINUTES
RESOLUTION -ACCEPT DONATION -MOSES LAKE INDUSTRIES
Aresolution was presented which accepts the donation of $5,000 from Moses Lake Industries.Tl
funds are to be used bythe Parks and RecreationDepartmentforthe LOFT located in the|Larscn
Recreation Center.
The resolution accepting a cash donation of $5,000 from Moses Lake Industries was reac by tite
only.
Action Taken:Mr.Ecretmovedthatthe resolution beadopted,seconded byMr.Lane,andbassed
with Mr.Reese abstaining.
RESOLUTION -ACCEPT DONATION -SPECIAL OLYMPIANS
A resolution was presented which accepts the donation of $2,179.45 from Special Olympi ns ard
friends.The funds are to be used by the Parks and Recreation Department for the Bpecij
Olympics Program.
The resolution accepting a cash donation of $2,179.45 from Special Olympians and Friei|ds w^s
read by title only.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Reefce,ai
passed unanimously.
RESOLUTION -ACCEPT DONATION -AUDUBON SOCIETY
Aresolutionwas presented which accepts the donation of$2,000 fromthe Central BasinA
Society. The funds are to be used by the Parks and Recreation Department for the pur
exhibiting mounted bird specimens in the Moses Lake Museum and Art Center.
The resolution accepting a monetarydonation of$2,000 to be used forthe purpose of e>
the Audubon Society's donation of seventeen (17) mounted bird specimens for the new
Lake Museum &Art Center Facility was read by title only.
Don Graham,Audubon Society,stated that the funds are being donated in the name o
Clark, a long time member of the Society.
Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Ree
passed unanimously.
RESOLUTION - BUILD ON UNPLATTED PROPERTY - AHO CONSTRUCTION I.INC.
AhoConstruction I,Inc.has requested permissiontoconstruct a modelhome on Lot 2,Bl ick 1 0f
the preliminary approved Sun Terrace No.1 Major Plat.The property is in the process o[being
platted along with the construction of all street and utility improvements.Aho would like to
construct a model home prior to filing the final plat.Because of the difficulty in obtair'lg a
performance bond for the completion of the improvements,they are asking permission to bui |the
model home on property currently in the platting stage of development.
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November 11,2008
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The resolution allowing Aho Construction I,Inc.to build on unplatted property was read by title Inly.
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CITY COUNCIL MINUTES November 11,2008
Gilbert Alvarado,Community Development Director,pointedout that staff has no objectionto the
requestto build on unplatted property since the land is currently in the process of being platted.
Tom Arrowsmith,Aho Construction,stated that they wish to construct a model home on Lot 2,
Block 1,Sun Terrace No.I Major Plat.He mentioned that at the present time itis very difficult to
obtaina performancebond. The required fire hydrantwill be inplace prior to startingconstruction
above the foundation.The plat should be completed in December 2008.
Action Taken:Mr.Reese 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
/Jfc~CRITTENDEN COMPREHENSIVE PLAN AMENDMENT -LAND USE DESIGNATION
Ed Greer,on behalf of O'Dell Crittenden,submitted a request to amend the Land Use Element
portion ofthe Comprehensive Plan.Specifically,the proposal isto re-designate a portion of Parcel
#170542000 and a portion of Parcel #190681000 from Light Industrial to Medium Density
Residential. The request is forapproximately 160 acres located south of Road 4 NE and east of
East Broadway Avenue.
Gilbert Alvarado,Community Development Director, provided a memorandum on the
Comprehensive Plan Amendment including an aerial map of the area requested for a land use
designation change.The area has a bench on the east side of the propertythat is proposed to be
developed for residential use.He pointed out that there are some sensitive areas further to the
westas well as some wetland areas.He explained the amountofindustrial area within the city and
withinthe urban growth area and the criteria required to permita change ina land use designation.
Mr.Pearce pointed out that the Airport Commission opposes the change ina land use designation
since the operations of the airport would affect this area.
There was some discussion by the Council.
Action Taken:Mr.Liebrecht moved based on the information provided that the request to change
the land use designation be denied,seconded by Mr Pearce.
There was additional discussion by the Council.
The motion passed unanimously.
Jim Whitaker,City Attorney,requested the Council discuss specifically the requirements needed
for a decision on a change to a land use designation:
A.The proponent has met the requirement for a detailed statement ofwhat is proposed to be -^
changed and why in the submission made in support of this request.f )
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CITY COUNCIL MINUTES November 11,2008
B. The proponent has not met the requirement for a statement of anticipated impacts to be
caused by the change,including geographic area affected and issues presented in the
submission made in supportof this request as there are additional impacts identified bythe
existing comprehensive plan and from testimony at the publichearing. The submission
failed to note the Crittenden Property is one third of the existing light industrial land within
the city.The Crittenden Propertyisadjacent to the city's municipal airport and is within the
Wheeler Industrialcorridor.The Crittenden Property is only adjacent to existing residential
use alonga portion ofitsnorthernboundary.Such residential use isoutside the city's limits.
C. The proponent has not met the requirement for a demonstration of why an existing
comprehensive plangoal,policy,orrecommendation should not continue to be ineffect or
why an existing goal,policy,orrecommendation is no longer valid inthe submission made
insupport of this request in failing to identifyan existing Comprehensive Plan goal,policy,
or recommendation that should not continue to be in effect or why an existing goal, policy
or recommendation is no longer valid.The Crittenden Property is a large portion of the
Wheeler Industrial Corridor lands.Segregating the Crittenden Property from the other
industrial zoned lands and insertion of residential uses impacts adjacent industrial lands
and uses.
D.The proponent has not met the requirement for a statement of how the amendment
complies with the Comprehensive Plan's goals,objectives, and policy directives in the
submission made insupport of this request because the proposed amendment does not
complywith the Comprehensive Plan's goals,objectives,and policy directives in thatitis
inconsistent with the existing land uses and industrial zoning.
E. The proponent hasnotmetthe requirement for astatementofhow facility plans and capital
improvement plans supportthe change inthe submissionmade insupportofthisrequest
because the proposed facility plans and capital improvement plans do not support the
amendment. The existing infrastructure supports industrial uses and is not built out for
residential uses.
F.The proponent has notmetthe requirement for astatementofhowthe changeaffects land
use regulations (i.e.,zoning,subdivision,etc.)and the necessary changestobring the land
use regulations into compliance with the plan and consistent with the goals of the
Comprehensive Plan orthe existing land uses or zoning.There is adequate R-2zoned
property available.
G.The proposed changehasmetthe requirement for a demonstration of public review ofthe
recommended change by conducting a review beforethe Planning Commission andthe
public hearingconducted before the Council.
DAVISSON MAJOR PLAT -PRELIMINARY PLAT APPROVAL -EXTENSION
Columbia Northwest Engineering has requested an extension ofthe preliminary plat approval of
the Davisson Major Plat to December 3,2009.Theextensionofthe approval period will allow time
for the completion ofthe required infrastructure and finalization ofthe plat resulting from a change
in ownership.
M ActionTaken:Mr.Pearcemoved thatthe request be granted,seconded by Mr.Ecret,and passed
unanimously.
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CITY COUNCIL MINUTES November 11,2008
/Q^3 ANIMAL CONTROL
Grant County Animal Outreach requested funding assistance from the city forrepairs to the city-
owned structure located at 6725 Randolph Road and used as an animal control facility.The total
cost for the repairs is $4,503.50 and the funding requested from the city is $3,232.68.
There was some discussion by the Council.
Action Taken:Mr.Lane moved that the request be granted and staff be directed to work out the
details,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
LAKESIDE DISPOSAL -HOLIDAY SCHEDULE/Off
Joseph K.Gavinski,City Manager, reported that Lakeside Disposalwill maintaina regular schedule
forthe Thanksgiving week.There will be no pickupon Christmas and NewYears Day.Those days
will be picked up on the Friday after the holidays and Friday's pickup will be on Saturday.
BUILDING ACTIVITY REPORT
The October 2008 Building Activity Report was presented.
')-INVESTMENT REPORT
The city received $30,824.82 in investment income for October 2008.
\\S^SALES TAX/TRANSIENT RENTAL INCOME
The city received $506,697.78 in sales tax and $72,705.52 in transient rental income in October
2008.
The regular meeting was adjourned at 9:40 p.m.
ATTEST Ronald C.Covey,Mayor
Ronald R.Cone,Finance Director
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