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2009 01 13o ^J 6806 MOSES LAKE CITY COUNCIL January 13,2009 Council Present:Bill Ecret,Brent Reese,Jon Lane,Richard Pearce,Dick Deane and Jim Liebrecht Absent:Ron Covey PLEDGE OF ALLEGIANCE:Deputy Mayor Pearce led the Council in the pledge of allegiance. MINUTES:Mr.Ecret moved that the minutes of the December 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 Directoras 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 January 13, 2009 the Council does approve for payment claims in the amount of $389,929.87;prepaid claims in the amounts of $52,804.98 and $8,5649.95; claim checks in the amount of $787,854.02; and payroll inthe amounts of $38,693.19,$2,571.11,and $39,889.04. Action Taken:Mr.Liebrecht moved that the bills,checks,prepaid claims,and payroll issued be approved,seconded by Mr.Deane, and passed unanimously. PRESENTATIONS AND AWARDS POLICE DEPARTMENT Police officers Randy Loyd,Juan Serrato, and Lucas Sitton,Community Service Officer Lucky Atkins,Sergeant Steve Miers,and Captain Dave Sands was presented to the Council. CONSENT AGENDA Burke Marketing/Promotions 2009:Authorization was requested for the City Manager to sign the /A l/c, contractswith Burke Marketing and Promotion for the 2009ConcertSeries andthe tourismtraffic- building events for 2009. Lake Vue PURD Major Plat Planned Unit Residential Development.Findings of Fact and //l£? Ordinance -Single Reading:Schneider Homes has submitted an application for a 4.62-acre planned unit residential development that includes three 4-story condominium buildings and six carriage flat buildings,for a total of 108 dwelling units and 195garage parking spaces. The site is located at 2300 Marina Driveand is zoned R-3,Multi-family Residential,which corresponds with the Comprehensive Plan Land Use Designation ofthe site. The proposed density for this project is 26.4 dwelling units per acre. A number of waivers of subdivision standards and zoning regulations were requested as part of the planned development application.The Planning Commission recommended that the major plat,findings of fact, and ordinance establishing the planned unit development be approved. Action Taken:Mr.Lane moved that the Consent Agenda be approved,seconded by Mr.Reese, v_y and passed unanimously. <{>loio IlStf 6807 CITY COUNCIL MINUTES January 13,2009 COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None ORDINANCES AND RESOLUTIONS ORDINANCES -TAXATION ON ASSESSED VALUATIONS -SINGLE READING Ordinances were presented which amend the ordinances fixing the amount to be received for municipal purposes from taxationson assessed valuations on property within the Cityof Moses Lake,Washington for 2009andfixing the property taxlevyrate on property within the City ofMoses Lake,Washington for 2009. The Grant County Assessor has suggested the amendments to the ordinances due to increases in assessed valuations inside the city as a result of new construction and annexations. The ordinance amending Ordinance 2427 fixing the propertytax levy rate on property within the City of Moses Lake,Washington for2009 was read by titleonly. ActionTaken:Mr.Ecret moved that an emergency be declared and the ordinance be adopted on a single reading,seconded by Mr.Liebrecht,and passed unanimously. The ordinance amending Ordinance No.2421 fixing the amount to be received for municipal (~^ purposes from taxations on assessed valuations on property within the City of Moses Lake, Washington for 2009 was read by title only. Action Taken:Mr.Lane moved that an emergency be declared and the ordinance be adopted on a single reading,seconded by Mr.Reese,and passed unanimously. \\^if ORDINANCE -THE GREENS PLANNED UNIT DEVELOPMENT -2nd READING Lee/Norman Development,LLC requested an amendment to the ordinance establishing The Greens Planned Unit Development Districtin order to increase the square footage of the lofts in the housing units. The amendment will allowthe developer to increase the loft size from 200 square feet to a maximum of 400 square feet. The ordinance amending Ordinance No.2327 creating a planned unit residential development district of Moses Lake pursuant to Moses Lake Municipal Code 18.67 was read by title only. Mike Norman,representing The Greens,mentioned that the increase inthe loft size will make the units more saleable but that the lofts are not intended to be additional bedrooms. Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. RESOLUTION -LEASE/PURCHASE AGREEMENT A resolution was presented which authorizes the City Manager to sign the lease/purchase agreement with SunTrust Leasing Corporation. o n u o u 6808 CITY COUNCIL MINUTES January 13, 2009 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.Liebrecht moved that the resolution be adopted,seconded by Mr.Lane,and passed unanimously. RESOLUTION -REC SOLAR GRADE SILICON -BUILD ON UNPLATTED PROPERTY .^ A resolution was presented which allows REC Solar Grade Silicon to buildon unplatted property. At its October 23,2007 meeting the Council adopted a resolution allowing REC to build on unplatted property providedthe propertywas plattedwithinone year.The proposed resolution is an extension oftime for REC to plat the property. Gilbert Alvarado,Community Development Director,pointed out that the request to build on unplatted property was approvedlastyear. RECissimplyrequestinganextension oftimethatthe property has to be platted. Action Taken:Mr.Ecret moved that the item be removed from the table,seconded by Mr.Reese, and passed unanimously. Ken Gordner,representingREC,stated thatthey haveacquired additional land for a pondandthe platting process hasbeen started.He mentioned thatthe neighbors havebeen informed ofthe pond constructionwhich is on landto the west of the existing buildings. There was some discussion by the Councilon the historyof the permitting of the project. Joseph K.Gavinski,City Manager,explained thatREC issimply requesting anextension oftheone year time period to plat the property since they are in the process of obtaining additional property for their business and wish to plat the entire area at one time. Megan Fielding,owner of property adjacent to REC,stated that she is opposed to the REC construction in this area due to her concerns about possible environmental contamination. Deputy Mayor Pearce pointed out that the Council is only dealing with the extension of time for REC to build on unplatted property and not with any other matters. The resolution allowing RECSolar Grade Silicon,LLC to build on unplatted property was read by title only. Action Taken:Mr.Liebrecht moved that the resolution be adopted,seconded by Mr.Lane, and passed unanimously. REQUEST TO CALL FOR BIDS POLICE CARS Staff requested authorization call for bids for five new police cars. Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Ecret, and passed unanimously. ion 1030 /ox> 6809 CITY COUNCIL MINUTES January 13,2009 REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION GRANT -NEIGHBORHOOD STABILIZATION PROGRAM Staff requested authorization to apply fora grant through the Washington State Department of Community, Trade and Economic Development. The grant is part of the Neighborhood Stabilization Program and requiresno local match. The funds can be used for demolishingblighted structures or purchasing and rehabilitating homes,among other uses. Gilbert Alvarado,Community Development Director,explained some of the reasons for the grant. There was some discussion by the Council. Action Taken:Mr.Ecret moved that staff be authorized to apply for the grant,seconded by Mr. Liebrecht,and passed unanimously. SIGN -STATE FARM INSURANCE Ariel Garza,State Farm Insurance,1010 S.Pioneer Way,Suite A,requested approval from the City Council in order to place a sign within city right-of-wayat his place of business at 1010 S. Pioneer Way. He is proposing to place his sign withinthe 50'right-of-wayof Pioneer Way inthe planter strip.The sign is asandwich board sign and will be removed each night./***} A letter from Daniel Leavitt was read which pointed out that no sign is allowed in city right-of-way without permission from the Council. Gilbert Alvarado,Community Development Director,stated that the Code Enforcement Officers investigated the signs mentioned by Mr.Garza at the last meeting and found that four of the five signs didnot have permission to place signs on city right-of-way.The property owners who didnot have permission choose not to go through the permit process and removed their signs from the right-of-way. There was some discussion by the Council. Action Taken:Mr.Ecret moved that the request to place a sign in city right-of-way be approved, seconded by Mr.Liebrecht,and passed unanimously. fob REQUEST FOR CITY WATER -GOUDE Donna Goude is proposing to constructa home on 987 Easy Street and has requested permission to connect to city water.The lot is adjacent to the city's limits and within the city's Urban Growth Area. Joseph K.Gavinski,City Manager,mentioned that the water line in this area was installed priorto the city's current policy requiring annexation upon connection to city services.He pointed out that this is a single lot adjacent to the city's limits, but across I-90 from an existing residential area within /~\ the city's limits.'' o u u 6810 CITY COUNCIL MINUTES January 13,2009 Deputy Mayor Pearce pointed out that annexing this single lot would require the city to provide police and fire protection and other city services. There was some discussion and it was pointed out that because of the unique circumstances of the location of the lot, an Extra Territorial Utility Agreement may be appropriate. Action Taken:Mr.Lane moved that because of the location of the lot in relation to the city limits on the south side of I-90, with I-90 providing a physical barrier,the request for city water be approved without the requirement to annex the property provided an Extra Territorial Utility Agreement is signed,seconded by Mr.Liebrecht,and passed with Mr.Deane opposed. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS ANIMAL CONTROL Jerry Ford,4312 Peninsula,stated that he is trying to comply with the city's new animal control regulations but needs some aid on the required sign. Deputy Mayor Pearce requested that he work with the staff on the signage since the Council is not in a position to approve signs. COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS REVENUE BOND RATING Joseph K.Gavinski, City Manager, provided written confirmation of the fact that Standard and Poor's has upgraded the city's revenue bond rating fromA-to A+. He mentioned that this upgrade will save the city money the next time bonds are sold. GRANT COUNTY STRATEGIC INFRASTRUCTURE PROGRAM Joseph K.Gavinski, CityManager,stated that the county receives funds as a rebate on sales tax from the state.The funds are to be used for infrastructure programs related to economic development and job creation. The Grant County Commissioners have decided to suspend the programand there is a possibility the county will use the funds fortheirown projects. There was some discussion by the Counciland itwas the consensus that the City Manager send a letter to the County Commissioners concerning this issue. COUNCIL/STAFF RETREAT Joseph K.Gavinski,City Manager,remindedthe Council thatthe Council/StaffRetreat will be held in Moses Lake at the ATEC building at Big Bend Community College on March 6 and 7, 2009. BUILDING ACTIVITY REPORT v_y The December 2008 Building Activity Report was presented.>q^q a /?«?J /<2O0 "7VL IQ9(* 68011 CITY COUNCIL MINUTES January 13,2009 GAMBLING TAX REPORT The fourth quarter gambling tax report was presented. SALES TAX/TRANSIENT RENTAL INCOME The cityreceived $475,693.08 in sales tax and $47,362.30 in transient rental income in December 2008. The regular meeting was recessed at 8:45 p.m. and the Council met in an executive session to discuss labor negotiations. The executive session was adjourned at 9:15 p.m. and the regular meeting was reconvened. SALARIES Action Taken:Mr.Ecret moved thatAssociation members,non-union personnel,and exempt staff receive a 3.5%salary increase for 2009,seconded by Mr.Liebrecht, and passed unanimously. The regular meeting was adjourned at 9:15 p.m. ATTEST Richard Pearce,Deputy Mayor Ronald R.Cone.Vfnance Director rs r> '