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2017 04 257810 MOSES LAKE CITY COUNCIL April 25,2017 Theregular meeting oftheMosesLake City Council wascalled toorderat7 p.m.byMayor Voth in theCouncil Chambers of the Civic Center,401 S.Balsam,Moses Lake,Washington. Executive Secretary Sophia Guerrero called the roll.The following were: Present:Mayor Todd Voth,Deputy Mayor Karen Liebrecht,and Council members Don Myers,Bill Ecret, David Curnel, Ryann Leonard, and Mike Norman PLEDGE OF ALLEGIANCE:Kevin Fuhr, Police Chief, led the Council inthe pledge of allegiance. MAYOR'S REPORTS MOSES LAKE DISTINGUISHED YOUNG WOMEN Council member Curnel presented Certificates ofAchievement tothe2018 Moses Lake Distinguished Young Women. ADDITIONAL BUSINESS -None CITY MANAGER'S REPORTS STREET TREES John Williams,City Manager,reported thatthetrees in the downtown paver district thatare overgrown and lifting the grates will be removed by staffduring normal operations and not replaced andthe existing tree stumps will also be removed bystaff. POLICE DEPARTMENT Juan Rodriguez and Kyle McCain,recently promoted toSergeant,werepresented to Council and sworn in. CITIZEN'S COMMUNICATIONS PATHS AND TRAILS Mike Riggs,Trails Planning Team,gave thebackground ontheTrails Planning Team andmentioned thatJoe Rogers was instrumental in itsbeginning and devoted many hours tothe development ofthe program.The Team is requesting that the trail from Big Bend Community College to the Paul Lauzier ballfields be designated as the"JoeRogers Trail".He mentioned thatgrant requests havebeensubmitted tocover the cost of two kiosks and about 4 trail markers. Mayor Voth statedthatthe City is in the processof reviewing the processof naming City facilities andthe request would be taken under advisement. Council member Liebrecht stated that she is in favor of this request and wanted to know when the policy review would be completed. Spencer Grigg,Parkand Recreation Director,statedthatthe Parkand Recreation Commission has begun its review and hopes to have a recommendation to the Council in May. CONSENT AGENDA Minutes:The minutes ofthe April 11 meeting were presented forapproval. Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,andthoseexpense reimbursement claims,certified as required by RCW 42.24.090,have been recordedona listing which has been made available tothe Council forapproval /O/A /0/9 /£/0 7811 CITY COUNCIL MINUTES April 25, 2017 and is retained for public inspection at the Civic Center.As of April 25,2017 the Council does approve for payment claims inthe amountof$410,961.26;prepaid claims inthe amounts of$26,988.05 and $115,625.28; claim checks in the amount of $1,076,930.87;and payroll in the amount of $340,409.80. Action Taken:Council member Curnel moved that the Consent Agenda be approved,seconded by Council member Leonard,and passed unanimously. PUBLIC HEARING //(#*/ORDINANCE TBD ASSUMPTION Anordinance was presented which provides forthe CityCouncilto assume the rights, powers, functions, and obligations of the Moses Lake Transportation Benefit District. The public hearing was opened.There were no comments. Action Taken:Council member Leonard moved that the public hearing be closed,seconded by Council member Curnel,and passed unanimously. John Williams, City Manager,explained the process and results if Council were to adopt the ordinance allowing Councilto assume the responsibilities of the Moses Lake Transportation Benefit District. The ordinance of the Cityof Moses Lake,Washington,assuming the rights,powers,functions, immunities, and obligations of the Moses Lake Transportation Benefit District,was read bytitleonly. Action Taken:Council memberNorman moved that theordinance be adopted,seconded by Council member Myers, and passed unanimously. /027 //</? OLD BUSINESS ORDINANCE -AMEND 10.12 -PARKING REGULATIONS Anordinance was presented whichamends Chapter10,12,Parking Regulations, byrestrictingparkingon both side of Lakeland Drive from East Oasis Circle to Nelson Road. Theordinanceamending Chapter10.12ofthe Moses Lake MunicipalCodeentitled "Parking Regulations"was read by title only. ActionTaken:Council member Leonard moved thatthe ordinance be adopted,seconded by Council member Ecret,and passed unanimously. ORDINANCE -TERMINATE FRANCHISE An ordinance was presented which terminates the franchise granted to KenWiser fora private irrigation main underTruman Drive. With the development of the area by Hayden Homes,the irrigation main is no longer needed. An ordinance repealing Ordinance No. 2484 and terminating the franchise granted therein was read bytitle only. Action Taken:Council member Liebrecht moved that the ordinance be adopted,seconded by Council member Norman,and passed unanimously. 7812 CITY COUNCIL MINUTES April 25,2017 NEW BUSINESS ORDINANCE -AMEND 2.44 -PARKS AND RECREATION COMMISSION /OtfA An ordinance waspresented which amends theduties ofthePark andRecreation Commission by eliminating the requirement to reviewthe Parks and Recreation budget. John Williams,City Manager,explained that no other Commission ischarged with reviewing the budget and so it was eliminated from the duties of the Park and Recreation Commission. ORDINANCE -RESCIND 10.24 -PARADE REGULATIONS ,^y Anordinancewas presented which rescindsthe regulations forparades. John Williams,City Manager,stated that the parade regulations have been incorporated into the special event process that was previously adopted so the existing parade regulations are no longer required. DEVIATION REQUEST -PUD -UNDERGROUND UTILITIES The Grant County PUD requested a deviation ofthe requirement to place new electrical distribution lines underground in the Guffin-Eccles neighborhood.The PUD estimates the cost for undergrounding the line at $500,000 more than just replacing the overhead lines.The Council may approve a deviation if it is determined that the costofthe underground installation,when compared tooverhead installation,isdisproportionate in comparison tothe benefit to be gained by the property and/orpublic. Shane Lunderville,Supervisor,Planning and Standards,PUD,explained that the proposed overhead rebuild is a part of a larger project.The section proposed to be constructed overhead is approximately 2,300'in length and is located along South BStreet and the alley near Rose Avenue.He mentioned that if the line were to be placed underground about 163 customers would be affected with the cost to upgrade the electrical secondary system and the requiredexcavations. There was considerable discussion by the Council. Action Taken:Council memberLiebrecht moved thatthe variance begranted,seconded by Council member Myers. Council member Ecret was opposed to the variance because it isgranted eachtime it is requested and he felt that the variance requirements should be reviewed. Council member Leonard statedthat leaving thelines overhead would notcostthehomeowners anything but underground would butshe would still like to review the ordinance. Council memberLiebrecht statedthatshe likesthe look ofthearea wherethelineswill beplacedunderground but ina residential area the cost to place the lines underground is prohibitive. Council member Curnelfeltthat the numberofvariances granted to the PUD should be investigated. The motion failed with Council members Liebrecht,Leonard, and Myersinfavor and Mayor Voth,Council members Erect,Curnel,and Norman opposed. REC SOLAR GRADE SILICON -WASTE DISCHARGE PERMIT /25"? Awaste discharge permit for REC Solar Grade Silicon was presented andauthorization was requested for the City Manager to sign the permit Shawn O'Brien,City Engineer,statedthatthis permit isa renewal oftheexisting permit andthere have been no changes inthe discharge from REC. //?J 7813 CITYCOUNCILMINUTES April25,2017 Action Taken:Council member Leonard moved that the City Manager be authorized to sign the Industrial Waste Discharge Permit No. 4 for REC Solar Grade Silicon,seconded by Council member Liebrecht,and passed with Mr.Ecret opposed. /O^/S'COMPREHENSIVE PLAN AMENDMENT -9951 HARRIS Ashwani Sharma,ADI Investment LLC,requested an amendment to the Comprehensive Plan to allow a change of the land use designation of property located at the corner of Stratford Road and Harris Road from Residential to Commercial. Anne Henning,Senior Planner,mentioned that the Council does not have to make a recommendation to the County but simply inform the County that the Council has seen the requested change. Mayor Voth requested staff provide a letter to the County with regard to the current land use regulations and also address the infrastructure situation at the Harris Road site since the City has no utilities in that area. Action Taken:Council member Ecret moved that staffbe directed to notify the Grant County Commissioners that the Council has seen the requestand include information regarding the City's current land use regulations and address the infrastructure situation at the Harris Road site since the City has no utilities in that area, seconded by Council member Norman, and passed unanimously. /0U BOND EXTENSION -GERBER The performance bond/savings accountfor Pacific Northwest Mechanicalexpired on April14,2017.The bond was for the construction of a parking lotat 6171 S.Frontage Road. Anne Henning,Senior Planner,stated that the existing paving on this property was in need of repair so the property ownerwas allowed to bond forthe improvements for two years.The bond expired on April 14,2017 and becausethe asphalt plantswere not in operation intime to complete the paving the ownerhas requested an extension ofthe bond. Action Taken:Mayor Voth moved that the request be granted for one year,seconded by Council member Ecret,and passed unanimously. 7<r/j WATER/SEWER SERVICE -DELEON Robertand Jennifer DeLeon requested permission to connect 1564 Fairway Drive to theCity's sewersystem. The property is within one half mile of the city limits which will require the property to be annexed or the property owners to sign an Extra Territorial Utility Agreement. Shawn O'Brien, CityEngineer,stated thatthe property owners intend to usea domestic welleven though City water is available to the lot. Robbie DeLeon,1703 Fairway,stated that he has his own well but does not wantto deal with a drain field and would preferto connect to City sewer. There was considerable discussion by the Council Action Taken:Council member Ecret moved that the request for City sewer be granted,with the stipulation that an Extra Territorial Utility Agreement be required,and because there is an existing well the property not be required to connecttoCitywater,seconded byCouncil member Norman, and passedwithCouncil member Liebrecht opposed due to the possibility of setting a precedent. 10(^-/1 BID AWARD -SEAL COAT PROJECT The City receivedtwobidsforthe 2017 Seal Coat Project. This projectincludesseal coatingapproximately 156,800 square yards of existing streets. 7814 CITY COUNCIL MINUTES April 25,2017 Shawn O'Brien, City Engineer,stated that the bids were over the engineer's estimate but withinthe budgeted amount and explained the increases in the bid amounts. There was some discussion by the Council. Action Taken:Council member Ecret moved that the bid be awarded to Granite Construction in the amount of $683,300,seconded by Council member Curnel,and passed unanimously. ADMINISTRATIVE REPORTS -None COUNCIL COMMUNICATIONS AND REPORTS -None EXECUTIVE SESSION The regular meeting was adjourned at 8:18 p.m.and the Council met in a 20 minute executive session with the City Attorneyunder RCW 42.30.110(1)to discuss potential litigation.Noaction to follow. At 8:31 the Council extended the executive session for an additional 30 minutes. At 9:01 the Council extended the executive session for an additional 10 minutes. At 9:11 the Council extended the executive session for an additional 20 minutes. At 9:38 the Council extended the executive session for an additional 15 minutes. At 9:57 the Council extended the executive session for an additional 5 minutes. At 10:01 the Council extended the executive session for an additional 5 minutes. The executive session was adjourned at 10:06 p.m. and the regular meeting was reconvened. ADJOURNMENT:The regular meeting was adjourned at 10:06 p.m. odd Voth,Mayor