2009 09 08u
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MOSES LAKE CITY COUNCIL
September 8,2009
Council Present:Ron Covey,Bill Ecret, Jon Lane,Richard Pearce,Dick Deane,Brent Reese,and
Jim Liebrecht
The meeting was called to order at 7 p.m. by Mayor Covey.
PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes of the August 25,2009 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 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 available to the Council for approval and is retained for public
inspection at city hall.
As of September 8, 2009 the Council does approve for payment claims in the amount of
$556,679.15;prepaid claims in the amounts of $104,939.90, $22,167,89, $2,271.70, and
$607,479.26;claim checks in the amount of $1,170,780.16;and payroll in the amounts of
$$2,496.22 and $68,916.21.
,Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be
V_y approved,seconded by Mr.Liebrecht,and passed unanimously.
PROCLAMATION
The proclamation declaring the week of September 17-23,2009as Constitution Week was read
in its entirety.
PRESENTATIONS AND AWARDS
BABE RUTH WORLD SERIES
A letterof appreciation for all theirhard work during the 16 -18 Year Old Babe RuthWorldSeries
in Moses Lake was presented to Randy Boruff and Kerry Garbe.
CONSENT AGENDA
Resolution -Accept Easement -Maiers Enterprises.LLC:A resolution was presented which /0/3
accepts an easement from Maiers Enterprises,LLC for the purpose of reading and maintaining
watermeters and flushing private fire hydrantsonthe Broadway Business Park South Major Plat.
Resolution -Accept Easement -Vintage Apartments:A resolution was presented which accepts
an easement from the Vintage Apartments,LLC for municipal purposes along the 1100 blockof
Grape Drive.
*s J Resolution -Accept Street and Utility Improvements -Vintage Apartments:A resolution was
presented which accepts street and utility improvements in Grape Drive constructed as part ofthe
Vintage Apartments development.
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CITY COUNCIL MINUTES :September 8,2009
/D/3 Resolution-GrantEasement -PUD:A resolution was presented whichgrantsan easement tothe
PUD for electrical,telecommunication, andother services inconnection withthe constructionofthe
new city hall.
'3 [pfo Resolution -Petty Cash -Police Department:A resolution was presented which increases the
amount in the petty cash fund for the Police Department.
Action Taken:Mr.Deane moved that the Consent Agenda be approved,seconded by Mr.Lane,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
;.'S'J NORTH CENTRAL REGIONALLIBRARY
The North Central Regional Library has hired the architectural firm of Miller Hull todoa feasibility
studyon remodeling and adding ontothe existing library building.The architect estimates thatthe
required structural and systems studyby an engineering firm will cost approximately $11,000.
Since the city has budgeted funds for the installation of an ADA compliant bathroom and the
proposed location is not ideal for either staff or patrons,the North Central Regional Libraryrequestedthatthosefundsberedirectedtowardsthestructuralandsystemsstudyofthelibrary.f\
Joseph K.Gavinski,City Manager,pointed outthatthe library building isowned bythe citywhich
is required to maintain it.However,no funds have been budgeted for any improvements at this
time.
Connie Kuhlmann,Manager,North Central RegionalLibrary,mentioned thatthe currentbathrooms
are not accessible for handicapped persons but because the proposed location for compliant
bathrooms is not ideal, the library staff is requesting that any funds that would be used for those
improvements be puttowardsa feasibility study for remodelingthe existing building.The feasibility
would cost about $11,000.The mechanical and electrical analysis portion of the feasibility study
will cost about $5,500.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that $5,500 be allocated for the mechanical and engineering
portion of feasibility study for the library building,seconded by Mr.Reese,and passed
unanimously.
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///<p REQUEST TO USE CITY PROPERTY -PUD
The Grant County PUD redesigned the potential site plan forthe fiber hut on city property at the
corner of Florence Avenue and Peninsula Drive and rather than purchase the property,requested
an easement from the city forthe placement of the hut at this location.The new location is outside _,
of the existing fence on an nearly useless portion of the lotdue to the corner location, triangular S~*\
shape,and existing utility easements.The area requested is about 2,900 square feet in size.'
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CITY COUNCIL MINUTES September 8, 2009
Joseph K.Gavinski, City Manager, explained the background of the request forthe use of city
property for the fiber hut.
There was considerable discussion about whether or not the PUD should be charged for the use
of the property since they will be constructing a building rather than just installing underground or
overhead power lines.
Action Taken:Mr.Deane moved that staff be authorized to work out an agreement the PUD to
place a fiber hut on propertylocated at the cornerof Peninsula Drive and Florence Avenue at no
cost to the PUD,seconded by Mr.Lane, and passed with Mr.Liebrecht and Mr.Pearce opposed
as they felt the city should be compensated for the use of the property.
ORDINANCES AND RESOLUTIONS
ORDINANCE -CREATE 13.01 -STORMWATER UTILITY GENERAL PROVISIONS -1st jQy
READING
An ordinancewas presented which establishes the stormwater utility and the general provisions
for setting the rates.
The ordinance creating Chapter 13.01 of the Moses Lake Municipal Code entitled "Stormwater
Utility General Provisions"was read by titleonly.
Gary Harer,Municipal Services Director,stated that the ordinance sets upthe stormwater utility
and provides definitions and defines what the rates are based on.
There was some discussion by the Council.
Jason McGowan,D&L Foundry,statedthatitisan option tocreateaseparate utility to pay for the
stormwater and that does not seem to be what the citizens are interested in seeing done.
Jay Ballinger,815 Edgewater,pointed out that a utility isa feekthat is charged totheuserofthe
utility.Under the current proposal,commercial entities will be charged for the stormwater utility
system even though they will not be using it and therefore,it is not a true utility system but rather
isa tax.He felt that charging the actual usersofthe utility is more fair than charging non-users of
theutility.If theutility systemisestablished,he suggested that the percentage be reworked so that
the commercial entities do not pay 75%of the cost.
It was pointed out that the city cannot setupataxto pay for the stormwater systemand ifa utility
is not established,the only way to pay the cost would be from the General Fund which would
necessitate a reduction in other services.
ActionTaken:Mr.Pearce moved that the first readingof the ordinance be adopted,seconded by
Mr.Lane, and passed with Mr.Liebrecht opposed.
ORDINANCE - AMEND 13.12 -WATER AND SEWER RATES -1ST READING
;'j An ordinance was presented which establishes the storm water utility rates and deletes some
v_y outdated requirements.
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CITY COUNCIL MINUTES September 8,2009
The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water and
Sewer Rates"was read by title only.
Gary Harer,Municipal Services Director,statedthatthisordinance sets theratesfor the stormwater
utility.He explained how the rates were established and mentioned thata $3 rate was used for
residential witha sliding fee for commercial property to show the Council how the ratestructure
works.
There was some discussion on the rates.
ActionTaken:Mr.Peace moved that the residential rate be changed to $4 withthe corresponding
changetothe commercial rates andthe first reading ofthe ordinance be adopted,secondedby Mr.
Deane.
Jay Ballinger,815 Edgewater,andJason McGowan,DandLFoundry,felt thatthe residential rates
should be higher andthe commercial rates lower sincecommercial entities arenotallowed touse
the system.Mr.McGowan also felt that there should be incentives offered to businesses to
improve the system.
The motion passed with Mr.Pearce,Mr.Deane,Mr.Lane,and Mayor Coveyinfavor and Mr.Ecret,
Mr.Liebrecht, and Mr.Reese opposed as they feltthe residential rate should be higher.
ORDINANCE -GARBAGE RATES -1st READING
An ordinancewas presented which establish a new garbage rate for a 1 yard dumpster 5 times a
week.
The ordinance establishing charges forgarbage collectionwas read by titleonly.
Action Taken:Mr.Deane moved that the firstreading of the ordinance be adopted,seconded by
Mr.Liebrecht,and passed unanimously.
IJL(f ORDINANCE -PUD FRANCHISE -1st READING
An ordinance was presented which grants a franchise tothe PUD to 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.
Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
jiL/^ORDINANCE -LAKES MOBILE HOME PARK FRANCHISE -SINGLE READING
An ordinancewas presentedwhich amends the franchise previously granted to Lakes MobileHome
Park to install a 12"irrigation main under Truman Road.The amendment reduces the size to an /~\
8"irrigation main and changes the location ofthe main.'
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CITY COUNCIL MINUTES September 8, 2009
The ordinance amending Ordinance 2483 granting to Lakes Mobile Home Park, LLC the right and
franchise to use and occupy designated streets,alleys,and other public places and ways of the
City of Moses Lake,Washington,to construct,maintain,repair,renew and operate a water
distribution system withinand through certain portions of the Cityof Moses Lake,Washington was
read by title only.
Action Taken:Mr.Liebrecht moved that an emergency be declared and the ordinance be adopted
on a single reading,seconded by Mr.Lane, and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
STORMWATER GRANT
The City is eligible to receive a $50,000 pass-through grant from the Department of Ecology's
Phase II Stormwater Pass-through Grants Program. The funds can be used to implement permit
requirements,purchaseequipment and personal services contractswhich directly support permit
implementation requirements and projects to fund staff to implement permit requirements.
Authorization was requested for the CityManagerto execute the grant agreement and accept the
$50,000 pass-through grant.
;—'Action Taken:Mr.Pearce moved that the City Manager be authorized to execute the grant
agreement,seconded by Mr.Ecret,and passed unanimously.
ACTIVITY TRAIL -BERNHARD MAJOR PLAT -CITY PARTICIPATION
Staff requested city participation to widen the sidewalk to 10'for an activity trail along the ;S.*/S>
southeasterlyside of Lakeside Drive within the Bernhardt Major Plat.A 14'wide pedestrian way
is being dedicated between Lots 8 and 9 for a connection to the railroad right-of-way.The
pedestrian waywill be improved whenthe railroad is abandoned andan activity trail constructed.
There is a 10'wide activity trail on Lakeside Drive.The approximate cost for the widening is
$5,000.
Action Taken:Mr.Ecret moved that the city participate in the widening of the activity trail,
seconded by Mr.Lane, and passed unanimously.
CRITTENDEN 2nd ADDITION MAJOR PLAT -WATER REIMBURSEMENT REFUND ,
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O'dell Crittenden is requesting a refund for the reimbursement paid tothe city for the city installed
watermain fronting the Crittenden 2nd Addition Major Plat onthe southsideofWheeler Road.Mr.
Crittenden has installed a water main along the north side of Wheeler Road to serve his
developments.
Action Taken:Mr.Lane moved that the reimbursement request be granted,seconded by Mr.
Liebrecht,and passed unanimously.
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CITY COUNCIL MINUTES September 8, 2009
DRIVEWAY DEVIATION -ASPI COMMERCE PARK #2 MAJOR PLAT
Kim Foster,representing API Commerce Park #2 Major Plat,requested permission to install a
driveway next to the southwesterly boundary of Lot 2 of the ASPI Commerce Park #2 Major Plat
and to construct curb returns,similar to a street intersection,for Lots 1 and 2.
Gary Harer,Municipal Services Director,stated that staff has no issues with the deviation requests.
Mr.Foster stated that a 10 acre parcel was sold to GTA and under the terms of the federal grant
they obtained for the project, a second access is required. The cityrequires driveways to be 20'
from the lot line and since the ingress and egress to the GTA property is adjacent to the lot line,
a deviation to the driveway standards is being requested.
Action Taken:Mr.Deane moved that the request to place the driveway adjacent to the lot line be
granted and the deviation to the driveway standards be granted,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
/X-)BUILDING ACTIVITY REPORT
The August 2009 Building Activity Report was presented.
J3 INVESTMENT REPORT
The city received $21,144.21 in investment income for August 2009.
SALES TAX/TRANSIENT RENTAL INCOME
The city received $470,623.43 in sales tax and $62,361.10 in transient rental income in August
2009.
The regular meeting was adjourned at 10 p.m.
ATTEST Ronald C.Covey
t/u4/(/7a>
Ronald R.Cone,Finance Director
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