2010 07 137036
MOSES LAKE CITY COUNCIL
M July 13, 2010
Council Present:Jon Lane,Bill Ecret,Dick Deane,David Curnel,Karen Liebrecht,Brent Reese,
and Richard Pearce
The meeting was called to order at 7 p.m.by Mayor Lane.
PLEDGE OF ALLEGIANCE:Mr.Pearce led the Council in the pledge of allegiance.
PRESENTATIONS AND AWARDS
Parks and Recreation Department:BillAukett,Parks Maintenance Technician was introduced to
the Council.
Finance Department:Nancy Cortez,Utility Account Technician,Christina Bowen,Customer
Service Representative,and JessicaWilkinson,Customer Service Representative,were introduced
to the Council.
PROCLAMATION o^
The proclamation declaring July as Park and Recreation month was read in its entirety.
CONSENT AGENDA
Minutes:The minutes of the June 22,2010 meeting were presented for approval.<J
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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,
certified as required by RCW 42.24.090, have been recorded on a listing which has been made
availableto the Councilforapprovaland is retained forpublicinspection at city hall.As of July 13,
2010 the Council does approve forpaymentclaimsinthe amount of$1,657,890.06;prepaid claims
in the amounts of $76,431.89 and $2,042,216.87;claim checks in the amount of $3,160,991.98;
and payroll inthe amount of $57,849.77.
Resolution -Abandon Easement -Pioneer Commercial Park 3rd Addition Short Plat:A resolution /J/J
was presentedwhichabandons an easement located inLot1,Block 1,ofthe Pioneer Commercial
Park 3rd Addition Short Plat.This easement was recorded without the benefit of staff review and
acceptance by the Council and granted a license ratherthan an easement.
Resolution - Accept Easements - Moses Lake Dental Building and W.L.Schiaqel:Resolutions /J)/3
were presentedwhichaccepted easements from W.L.Schlagel located on Lot1,Block 1,Pioneer
Commercial Park 3rd Addition Short Plat and from the Moses Lake Dental Building located on
Parcel B,PioneerCommercialPark2nd Addition Short Plat,Lot 1,Block1Commercial Binding Site
Plan.The easements are adjacent to Clover Drive.
Resolution -Grant Easement -PUD:A resolution was presentedwhich grants an easement tothe /J/J
PUD for electrical services to Well 31.
ActionTaken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Reese,
and passed unanimously.
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CITY COUNCIL MINUTES July 13,2010
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
MAE VALLEY WELL PROJECT 2010
The cityreceived five bids for the 2010 Mae ValleyWell Project.This project includesconstruction
ofa removable pump house and a mainstructurewithelectrical control andtelemetry systems and
installing anew pumpassembly attheWell 31 siteandconstructing aremovablepumphouse, and
installing a pump assembly at the Well 19 site.
Action Taken:Dr.Curnel moved that the bid be awarded to Advanced Excavation in the amount
of $467,717,seconded by Mrs. Liebrecht, and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
//S3 TSUNAMI SUSHI -REQUEST TO USECITY PROPERTY
Dwane Lind,Tsunami Sushi,requested permission to close Third Avenue between Division and
Ash on July 23,2010 from 8 p.m. to 12 midnight.The intent is to provide entertainment forthe
patrons ofTsunami Sushi.
Mr. Lind stated that the concert would be the same as last year.
Action Taken:Mr.Deane moved that the request to close Third Avenue on July 23 from 8 a.m. to
midnight be granted,seconded by Mr.Reese,and passed unanimously.
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-p/l IMMIGRATION
Ed Stubington stated that the State of Arizona recently passed a law concerning illegal immigrants.
He feltthat the city's elected officials should support the actions of the State of Arizona ratherthan
the City of Seattle,which has opposed Arizona's action.
There was some discussion by the Councilwhich was divided on whether or not the Council should
take an official position on the immigration issue in Arizona.No action was taken by the Council.
330 SIGNS ON CITY PROPERTY -CENTRAL BASIN TRAFFIC SAFETY TASK FORCE
The Central Basin Traffic Safety Task Force is participating in the Child Car Seat Project which
promotesthe correct use of childcar seats and parental adherenceto Washington's Child Restraint
Law.Permission was requested to place a banner sign at the Moses Lake Police Department
during the proposed emphasis patrols on this issue and at various other times during the year as
a reminder of the importance of child restraint compliance.
Dean Mitchell,Police Chief,stated that the Central Basin Traffic Safety Task Force has received
a grant which will allow officers to work overtime on the emphasis patrols for the child restraint
compliance.The grant encourages the placement ofsignage for public education purposes.He ^^
mentioned that the dates for putting up the sign include July 12 to 26,September 1to 15,and the (T)
same weeks in 2011.
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CITY COUNCIL MINUTES July 13, 2010
There was some discussion and itwas pointed out that currently placing signs on city property is
prohibited.Staff was directed to provide an amendment to the sign standards to allow signs
promoting city functions to be placed on city property.
Action Taken:Mr.Pearce moved that the request be granted for the sign to be placed in approved
locations and forthe four dates requested,seconded by Mrs. Liebrecht, and passed unanimously.
SIGNS ON CITY PROPERTY -BAKER /0JO
Ron Baker requested permission to place political signs on city propertyinthe approved locations.
Mr.Baker stated that he is running for PUD Commissioner and would like to place signs in the
approved locations in the city.
Action Taken:Mr.Ecret moved that the request be granted,seconded by Mr.Reese,and passed
unanimously.
BLUE HERON PARK -ONO TROPICAL SNO HUT
Robert Jones,the new ownerof the former Ono Tropical Sno Hut currently located in Blue Heron
Park,requested permission to leave the Hut in Blue Heron Park.
Spencer Grigg, Parks and Recreation Director,stated thatthe city had a contract with the previous
owner of the Ono Tropical Sno Hut to operate in Blue Heron Park.The city receives 15%of the
gross sales at the end of the season.The city does not have a concession in this park.
There was some discussion by the Council.
Action Taken:Mr.Ecret moved that the request to leave the Ono Tropical Sno Hut at Blue Heron
Park be granted,seconded by Mr.Pearce,and passed unanimously.
SIGNS ON CITY PROPERTY -HINKLE
Bill Hinkle,State Representative fromthe 13th District requested permissionto place political signs
on city property in the approved locations.
Action Taken:Mr.Pearce moved that the request be granted,seconded by Mr.Ecret, and passed
unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCE -GARBAGE COLLECTION -SINGLE READING
An ordinance was presented establishesvarious garbage rates to accommodate the new recycling
program.
The ordinance establishing charges for garbage collection was read by title only.
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CITY COUNCIL MINUTES July 13,2010
Dave Patterson, Lakeside Disposal,stated that the advertising has generated many questions
about the new recycling program.Mostof the comments have been positive.
Ron Cone, Finance Director,explained the program and the uses of the different sized garbage
carts. He mentioned that the recycling program will start August 1and the rates should be in place
at that time.
There was some discussion by the Council.
ActionTaken:Mr.Ecret moved that an emergency be declared and the ordinance be adopted on
a single reading,seconded by Mr.Pearce, and passed unanimously.
/0£?ORDINANCE -AMEND PARKING REGULATIONS -2nd READING
An ordinance was presented which amends the parking regulations to limit the parking to GTA
buses on that portion of Alder Street that fronts the new bus shelter located by the Community
Gardens,establishes a no parkingzone northofthe main entrance ofthe Moses Lake Presbyterian
Church, and no parking areas on portionsof Clover Drive,Hamilton Road,Industrial Court, Road
F,and Yonezawa Boulevard.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking
Regulations"was read by titleonly.
Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded fj j
by Mr.Reese,and passed unanimously.
/0 7V ORDINANCES - AMEND STORMWATER REGULATIONS -2nd READINGS
Ordinanceswere presented whichamend the regulations pertaining to stormwater.
The ordinance amending Chapter 13.01 ofthe Moses Lake Municipal Code entitled "Stormwater
General Provisions"was read by title only.
ActionTaken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded
by Dr.Curnel, and passed unanimously.
The ordinanceamending Chapter 13.02of the Moses Lake Municipal Code entitled "Stormwater
Illicit Discharge Detectionand Elimination"was read by title only.
Action Taken:Mrs.Liebrecht moved that the second reading of the ordinance be adopted,
seconded by Dr.Curnel, and passed unanimously.
The ordinanceamending Chapter13.03of the Moses Lake Municipal Code entitled "Stormwater
Utility and Provisions forRate Structure"was read by titleonly.
Action Taken:Dr.Curnel moved that the second reading of the ordinance be adopted,seconded
by Mr.Pearce, and passed unanimously.
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CITY COUNCILMINUTES July 13, 2010
The ordinanceamending Chapter 13.12 ofthe Moses Lake Municipal Code entitled "Water,Sewer,
and Stormwater Rates"was read by title only.
Action Taken;Mr.Deane moved that the second reading ofthe ordinance be adopted,seconded
by Dr.Curnel,and passed unanimously.
ORDINANCE -CREATE 13.035 -2nd READING
/07s~An ordinance was presented which establishes the requirements for construction and post
construction of stormwater runoff.
The ordinance creating Chapter 13.035 of the Moses Lake Municipal Code entitled "Construction
and Post Construction Stormwater Runoff"was read by title only.
Action Taken:Mr.Pearce moved thatthe second reading of the ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
ORDINANCE -TITLE 17 -SUBDIVISIONS -1ST READING
An ordinance was presented which re-adopts Title 17.
The ordinance repealing Title 17 ofthe Moses Lake Municipal Code entitled "Subdivisions"and re-
adopting Title 17 of the Moses Lake Municipal Code entitled "Subdivisions" was read by titleonly.
Gilbert Alvarado,Community Development Director,stated that changes are to bring the
regulations into compliance with state lawand current city practices.
Action Taken:Dr.Curnel moved that the first reading of the ordinance be adopted,seconded by
Mrs.Liebrecht,and passed unanimously.
ORDINANCE -AMEND 3.30 -UTILITY OCCUPATIONAL TAX -1st READING
An ordinance was presented which increases the utility occupational tax imposed on every person
engaged inor carrying on the business of selling or furnishing waterservice inthe city.The rate
increase is from 8% to 10%.The increase is required to accommodate the Washington State
Supreme Court's ruling requiring the City's general fund to pay for the cost of providing fire
hydrants.
The ordinance amending Chapter 3.30 of the Moses Lake Municipal Code entitled "Utility
Occupational Tax"was read by title only.
Joseph K.Gavinski,City Manager,explainedthe process of paying for fire suppression outofthe
General Fund.
There was discussion by the Council.
Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by
Dr.Curnel,and passed unanimously.
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CITY COUNCIL MINUTES July 13,2010
//f>3 ORDINANCE -AMEND 8.22 -NOXIOUS WEED CONTROL -1st READING
An ordinance was presented which replaces Grant County Weed District No.2 with Grant County
Noxious Weed Control Board.
The ordinance amending Chapter 8.22 ofthe Moses Lake Municipal Code entitled "Noxious Weed
Control"was read by title only.
ActionTaken:Mr.Deane moved that the first readingof the ordinance be adopted,seconded by
Dr.Curnel,and passed unanimously.
/075'ORDINANCE -AMEND 13.12 -WATER.SEWER.AND STORMWATER RATES -1st READING
An ordinance was presented which brings the water,sewer and stormwater regulations into
compliance with the recent Supreme Court decision thatthe city must cover thecostof providing
fire hydrants.
The ordinance amending Chapter 13.12ofthe MosesLake Municipal Codeentitled "Water,Sewer,
and Stormwater Rates"was read by title only.
ActionTaken:Mrs.Liebrecht moved that the first reading of the ordinance be adopted,seconded
by Dr.Curnel, and passed unanimously.
/Is1/ORDINANCE -AMEND 19.03 -RESOURCE LANDS AND CRITICAL AREAS l\)
An ordinance was presented which provides a process for property ownersto seek a reasonable
use determination of their property if the Growth Management regulations would remove all
economic value.
The ordinance amendingChapter19.03ofthe Moses LakeMunicipal Code entitled "Classification
and Designation of Resource Lands and Critical Areasand Regulations for the Conservation and
Protection of Resource Lands and Critical Areas"was read by title only.
James A. Whitaker, City Attorney,pointed out that the city's insurance carrier requested this
change in order to deal with the critical areasandhowthe city would addressthe issue.
Action Taken:Mr.Pearce moved that the firstreading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
/Qof ANNEXATION -REC SOLAR GRADE SILICON
REC Solar Grade Silicon submitted a Notice of Intention to Commence Annexation Proceedings fT^)
and a Petition for Annexation for property located to the south of Road 4 and west of the existing
REC site.
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CITY COUNCIL MINUTES July 13, 2010
Joseph K.Gavinski,City Manager,explained the location and process to begin the annexation.
Ken Gordner,representing REC,pointed out that a portion ofthe site is within the City's UGA and
under the county's rules,ifa portion of a piece of property is within a city's UGA,the entire parcel
can be considered within the UGA.
There was some discussion on the site and the surrounding land.
Action Taken:Mr.Pearce moved that the Notice of Intent be receipted and accepted and the
Petition for Annexation be accepted,seconded by Mr.Ecret,and passed unanimously.
LAKESIDE DISPOSAL -CONTRACT AMENDMENT op
An amendmentto the existing garbage collection contract with Waste Connections,dba Lakeside
Disposal,was presented.The amendment extends theterm ofthe contractto 2020 with the option
of extending the contract beyond 2020 for two additional three year terms.
Action Taken:Mr.Ecret moved that the City Manager be authorized to sign the agreement,
seconded by Mr.Deane,and passed unanimously.
ROYAL ORGANIC PRODUCTS -RECYCLING CONTRACT
A contract was presented with Royal Organic Products which allows the city to deliver up to 10,000
tons of yard waste to Royal Organic Products.
Action Taken:Mr.Ecret moved that the City Manager be authorized to sign the agreement,
seconded by Mrs. Liebrecht, and passed unanimously.
REQUEST FOR WATER AND SEWER -HALL
Larry Hall requested permissionto connect the Jan Marie Short Plat,Replat of Lot3, to the city's
waterand sewer system.The property is locatedat Patton Boulevard and Craig Boulevard.The
property is within one-halfmileof the city's limits and normally annexationwouldbe required.If
the Council determines that it is impractical for the propertyowner to annex, an extra territorial
utility agreement would be required.
Larry Angell,Columbia Northwest Engineering,representing Larry Hall,stated thatthe original
Extra Territorial Utility Agreement covered Lots 1 and 2 but expired before Lot 3 could be
developed. Lot3 is nowbeing proposedto be divided into four lots.He requested thatthe new
Extra Territorial Utility Agreementrun for 60 months instead of 24 monthsbecause ofthe length
of time ittakes to develop a piece of property.
Therewassome discussion bythe Council onthe extension oftime for the Extra Territorial Utility
Agreement.
ActionTaken;Mr.Reese moved thatitbe determined that itisnot practical to annex the Jan Marie
Short Plat,Replat of Lot 3 at this, but that the request to connect to city water and sewer be
granted with the stipulation that a 60 month Extra Territorial Utility Agreement be required,
seconded by Mrs. Liebrecht, and passed unanimously.
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