2010 01 126968
MOSES LAKE CITY COUNCIL
\s j January 12,2010
Council Present:Jon Lane,Richard Pearce,Bill Ecret,Dick Deane,Brent Reese,David Curnel,
and Karen Liebrecht
The meeting was called to order at7 p.m.by Deputy Mayor Pearce.
OATH OF OFFICE
Deputy Mayor Pearce noted that the Oath of Office has been administered to the newly elected
Council member Brent Reese.
ELECTION OF MAYOR AND DEPUTY MAYOR
Nominations were opened for Mayor and Deputy Mayor.
Mrs.Liebrecht nominated Jon Lane for Mayor,seconded by Mr.Ecret.The nominations were
closed and a unanimous ballot was cast.
Mr.Pearce nominated Bill Ecret for Deputy Mayor,seconded by Mr.Deane.The nominations were
closed and a unanimous ballot was cast.
PLEDGEOF ALLEGIANCE:Mr.Reese led the Council inthe pledge of allegiance.
\^J'MINUTES:Mr.Ecret moved that the minutes of the December 22,2009 meeting be approved,
seconded by Mr.Reese,and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Vouchers auditedand certified bythe Finance Director as required by RCW42.24.080,andthose
expense reimbursement claims,certified as required by RCW 42.24.090,havebeen 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 January 12, 2010 the Council does approve for payment claims in the amount of
$636,283.72;prepaid claims in the amounts of $7,617.70, $703,784.79, $12,584.59, and
$13,000.00;claim checks inthe amount of $1,841,987.89;and payroll inthe amountof $41,746.93.
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
Resolution -Accept Easement -PUD:A resolution was presented which accepts an easement /0/3
from the PUD for access from Bailey Avenue to Eastlake Drive.
\^_J Resolutions -Accept Easements -Lakes Mobile Home Park.LLC and Blessing and Wiser:/j/2
Resolutions were presented which accept easements from Lakes Mobile Home Park, LLC and
ChristopherBlessingand KenWiser. The easements are for right-of-way alongTruman Drive.
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CITY COUNCIL MINUTES January 12,2010
/Ofp Accept Work -City Hall Utility Project:Advanced Excavation has completed work on the City Hall |
Utility Project.This project consisted ofrelocating existing utilitiesand installing new utilities forthe
proposed new city hall building and constructing a 50-space parking lot.
Action Taken:Mr.Ecret moved that the Consent Agenda be approved,seconded by Mr.Pearce,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/Qf7 ORDINANCE -VACATE PILGRIM STREET -1ST READING/PUBLIC HEARING
Sloan Jorgensen submitted a petitionto vacate a small portion of Pilgrim Street south of Colonial
Avenue.
The public hearing was opened.
Larry Angell,representing the proponent,requested a waiver of the requirement to reimburse the
city for half the appraised value of the vacated property because Pilgrim Street will be fully
improved from the existing cul-de-sac to Clover Drive.The right-of-way is being vacated as
required by the platting process,and the city has expended no funds forthis small portion of right-
of-way.
Gilbert Alvarado,Community Development Director,pointed outthatthe approval ofthe underlying
plat included the requirement to vacate this small portion of the cul-de-sac and that it is Council's
policyto require half the appraised value ofthe vacated property.He mentioned that the developer
will be improving Pilgrim Street through the plat to Clover Drive.
Action Taken:Mr.Ecret moved that the public hearing be closed,seconded by Mr.Pearce,and
passed unanimously.
There was some discussion by the Council on the request to waive the reimbursement
requirement.
The ordinance vacating a portion of Pilgrim Street was read by titleonly.
ActionTaken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by
Mrs.Liebrecht,and passed unanimously.
COMMUNICATION -MOBERG
Harold Moberg is working on the removal oftrees on property adjoining theeast boundary of his
property off of Riviera Street to avoid it becoming a refuge for drug dealers,vagabonds,and sex
offenders.
Mr.Moberg showed pictures ofthe area that documented that persons are using the area and
mentionedthat his employees are concerned aboutsafety.
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CITY COUNCIL MINUTES January 12,2010
Gilbert Alvarado,CommunityDevelopment Director,stated thatthis isawetlandareaand certain
^)rules must be followed in order to protect the wetland.He pointed out that the city has informed
Mr.Moberg ofthe process used for altering a wetland.Both the Department of Fish and Wildlife
andthe Corps of Engineers,along with the city,are involved in any alteration ofa wetland.
There was some discussion by the Council but no action was taken.
GRANT COUNTY BOARD OF HEALTH
The Grant County Board of Health requested a Council memberbe appointed to serveon their
board.
Mayor Lane requested that any member oftheCouncil who would be interested in serving on the
Grant County Board of Health contact him.
GRANT TRANSIT AUTHORITY
The Grant Transit Authority requesteda Council member be appointed to serve on their board for
the year 2010.
Action Taken:Mr.Pearce moved that Mr.Deane be re-appointed to serve on the board of the
GrantTransit Authority,seconded by Dr.Curnel,and passed unanimously.
Mr.Deane reported that the GTA's new facility is moving forward.
\_J ORDINANCES AND RESOLUTIONS
ORDINANCE -CREATE 13.03 -STORMWATER UTILITY AND PROVISIONS FOR RATE JO?$'
STRUCTURE - 2nd READING
An ordinance was presented which establishes the stormwater utility and the provisionsforthe rate
structure.
The ordinance creating Chapter 13.03 of the Moses Lake Municipal Code entitled "Stormwater
Utility and Provisions for Rate Structure"was read by title only.
Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded
by Mr.Reese.
There was some discussion on the non-refundable appeal fee.
Action Taken:Mrs.Liebrecht moved that the $50 non-refundable fee be refunded when it is found
that the city was in error,seconded by Mr.Reese,and passed unanimously.
The amended motion passed unanimously.
ORDINANCE -AMEND 13.12 -WATER AND SEWER RATES - 2nd READING
An ordinance was presented which inserts the new storm water utility rates and deleting some\^J outdated requirements in Chapter 13.12.
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CITY COUNCIL MINUTES January 12, 2010
The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water and
Sewer Rates"was read by title only.
There was some discussion on the consistency of using "water,sewer,garbage,and stormwater"
in section 13.12.060.
Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
yjf ORDINANCE -PUD FRANCHISE -2ND READING
An ordinance was presentedwhich grants a franchise to the PUDto locate,construct,operate,and
maintain their facilities within the city's rights-of-way and other public property.
The ordinance granting to Public Utility District No. 2 of Grant County a franchise to locate,
construct,operate,and maintain facilities within all city rights-of-way and other public property in
the City of Moses Lake,Washington was read by title only.
Joseph K.Gavinski,City Manager,stated that since the first reading was adopted,the franchise
was changed to reflect that any facility larger than 6'x 6'would require additional permission from
the City Council to be located within the city's right-of-way.
Action Taken:Mr.Reese moved that the second reading ofthe ordinance be adopted,seconded
by Dr.Curnel,and passed unanimously.
jQY(p RESOLUTION -ACCEPT DONATION -TOYOTA CENTER AND TOYOTA ARENA
A resolution was presented accepts the donation of two hockeyscoreboards valued at $2,500 each
from Toyota Center and Toyota Arena.
The resolution accepting a donation of two (2)hockey scoreboards by the Toyota Center and
Toyota Arena valued at $5,000 to be partof the Moses Lake Ice Rink was read by title only.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Ecret,and
passed unanimously.
RESOLUTION -LEASE/PURCHASE AGREEMENT
A resolution was presented which authorizes the City Manager to sign the lease/purchase
documents with PNC Equipment Finance.
The resolution authorizing the execution and delivery of a master equipment lease/purchase
agreement,and related instruments,and determining other matters in connection therewith was
read by title only.
Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Dr.Curnel, and
passed unanimously.
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CITY COUNCIL MINUTES January 12,2010
^_J REQUEST TO CALL FOR BIDS
ROAD N RECONSTRUCTION
Staff requested authorization to call for bids for the Road NReconstruction Project.This project
will consist of reconstructing approximately 3,850'of Road N from Wheeler Road through the
entrance of the Guardian Fiberglass Plant.This project is partially funded by a $796,000
Transportation Improvement Board grant.
Action Taken:Mr.Pearce moved that staff be authorized to callforbids,seconded by Mr.Ecret,
and passed unanimously.
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
LODGING TAX ADVISORY COMMITTEE
The membership ofthe Lodging Tax Advisory Committee istobe confirmed ona yearly basis.The
members include Debbie Doran-Martinez, Moses Lake Chamber of Commerce and Tourism
Commission,Brenda Teals,Allied Arts,Friends of the Adam East Museum and ArtCenter,and
Tourism Commission,Troy Duzon,Ameristay Inns,and Christine Richie,Lakefront Inn.The
Chairman of the Committee is to be a member of the Council.
^)Mr.Ecret stated that he would be willing to serve as the Chairman of the Committee.
Action Taken:Mr.Deane moved that Debbie Doran-Martinez,Christine Richie,Brenda Teals,Troy
Duzon, and Mr.Ecret be appointed to the Lodging Tax AdvisoryCommittee,seconded by Mrs.
Liebrecht,and passed unanimously.
LEGAL SERVICES CONTRACT
An amendmentwas presented tothe currentContract forProfessional Legal Services between the
cityand James A. Whitaker, CityAttorney.Authorization was requested forthe CityManagerto
sign the amendment.
Action Taken:Mr.Ecret moved that the City Manager be authorized to sign the amended
agreement,seconded by Mr.Reese,and passed unanimously.
MOSES LAKE SECURITY -SIGN
Jeannette Abens,Moses Lake Security,is requesting permission to place a sandwich board sign
behind the sidewalk,in city right-of-way,at 510 W.Broadway,Suite A.
Gilbert Alvarado,Community Development Director,stated that the sign is professionally
constructed and meets the city's requirements.
Action Taken:Mr.Ecret moved that the request be granted with the stipulation that the sign be
K^J anchored,seconded by Dr.Curnel,and passed unanimously.
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CITY COUNCILMINUTES January 12, 2010
DORSING 2nd SHORT PLAT -REIMBURSEMENT WAIVER
Philip Bloom,Columbia Northwest Engineering,representing Craig Dorsing,requested a waiver
to the requirement to pay the reimbursement for the city's water main located on the easterly
boundary of the preliminary Dorsing 2nd Short Plat.
Gary G. Harer,Municipal Services Director,stated that the water main was installed many years
ago and does not follow a road.It was the opinion of legal counsel that reimbursement not be
charged for this water line.
Larry Angell,Columbia Northwest Engineering,stated that the water line is not accessible due to
the fact that there is no road in that area.The Dorsing 2nd Short Plat will be served with water
from Waterford Lane.
Action Taken:Mr.Pearce moved that the request be granted,seconded by Mrs.Liebrecht,and
passed unanimously.
I3S/Y AGREEMENTS -BURKE MARKETING/PROMOTIONS:
Authorization was requested for the City Manager to sign the agreements with Burke
Marketing/Promotions.The agreements are for the promotion of tourism in the city.
Joseph K.Gavinski,City Manager,explained the break down ofthe costs for the concertseriesand
other events for 2010.
Mr.Ecret requested information on the revenue generated by the different events.
Spencer Grigg,Parks and Recreation Director,stated that the expanded program began in 2007.
Participation has increased each year for the street dance,there have been many out of town
people come in for the bluegrass festival, and the Pig Out in McCosh Park has also been
successful.He mentioned that the hotel/motel tax has increased each yearand these events help
with that.
Action Taken:Mr.Ecret moved that the City Manager be authorized to sign the contracts,
seconded by Dr.Curnel, and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
jOpf'fb SOLID WASTE COLLECTION CONTRACT -RECYCLING
Joseph K.Gavinski,City Manager,pointed outthatthe current contract with Lakeside Disposal
includes language which statesthatthe city andcontractor will enter into negotiations onanytype
of recycling oryard waste program.This language means that the city shall deal with the current
garbage contractor on any recycling programs until the end of the contract period in 2014.He ^-^
recommended that the garbage contractor provide information to the Council on any recycling <[)
program within the contract termandalso for any possible extension.
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CITY COUNCIL MINUTES .January 12,2010
Mr.Deane and Mr.Ecret were appointed to continue to obtain information on a recycling program
and the information will be discussed at the Council/staff retreat.
BUILDING ACTIVITY REPORT
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The December 2009 Building Activity Report was distributed.
GAMBLING TAX INCOME ,,
The city received $79,458.35 in gambling tax revenue for the4th quarter of2009.
INVESTMENT REPORT
The city received $14,606.47 in investment income for December2009.
SALES TAX/TRANSIENT RENTAL INCOME
The city received $378,139.72 in sales tax and $31,418.10 in transient rental income in December
2009.
The regular meeting wasrecessedat 8:58 p.m.and the Council met in an executive session with
the City Attorney todiscuss current litigation.The executive session was adjourned at 9:20 p.m.
and the regular meetingwas reconvened. The regular meetingwas adjourned at 9:27 p.m.
ATTEST
Ronald R.Cone,Finance Director