2009 12 226962
MOSES LAKE CITY COUNCIL
December 22,2009
Council Present:Ron Covey, Richard Pearce,Bill Ecret,Jon Lane, Dick Deane,Brent Reese,and
Jim Liebrecht Absent:Brent Reese
The meeting was called to order at 7 p.m. by Mayor Covey.
PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in th3 pledge of allegiance.
MINUTES: Mr.Deane moved that the minutes of the December 8,2009 meeting be approved,
seconded by Mr.Reese,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 December 22,2009 the Council does approve for payment claims in the amount of
$534,234.92;prepaid claims in the amounts of $86,59709 and $45,932.28;claim checks in the
amount of $683,880.36;and payroll in the amounts of $13,514.07 and $48,387.48.
Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be
approved,seconded by Mr.Ecret,and passed unanimously.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Resolution -Accept Improvements -Crossroads Phase 3 Maior Plat:A resolution was presented
which accepts the street and utility improvements constructed as part of the Crossroads Phase 3
Major Plat.
Resolution -Accept Improvements -The Lakes Maior Plat:A resolution was presented which
accepts the street and utility improvements constructed as part of The Lakes Major Plat.
Crossroads Phase 3 Maior Plat -Waiver Request:Andy Besedc
of the requirement for a 4'municipal easement adjacent to a 52
Phase 3 Major Plat.The street was constructed abutting the U:
the project,USBR changed their policy about encroachments wi
sign the plat with the municipal easement within their easement,
the course of the project,the easement issue is coming up at th
is almost ready for recording.Staff does not have concern
easement on the south side of Truman Drive for the portion the
there are no municipal facilities that need this easement.The 4'(
for drywells,and there are no drywells on the south side of Trur
reason for the easement is to provide additional area in case th<
this case,the property on the north side of the street is being dedi
submitted a request for a waiver
'right-of-way for the Crossroads
5BR easement.After the start of
thin their easements,and will not
Because policy changed during
*end of the project when the plat
9 with eliminating the municipal
t abuts the USBR easement,as
;asement is typically needed only
lan in this area.The other main
j street needs to be widened.In
3ated as a City park,so acquiring
i
6963
CITY COUNCILMINUTES December 22,2009
more right-of-way if the street needs to be widened would not be a problem.The Planning
Commission recommended that the waiver be granted.
l/AU MAIERS INDUSTRIAL PARK FINAL MAJOR PLAT AND FINDINGS OF FACT
Maiers Industrial Park, Inc.has submitted a one lot final plat of 23.01 acres.The site is located at
13070 and 13184 Wheeler Road,and is zoned Heavy Industrial,which corresponds with the
Comprehensive Plan Land Use Designation of Industrial.There have been no significant changes
from the preliminary plat.The Planning Commission recommended that the final plat be approved
with conditions.Also submitted are the Findings,Conclusions and Decision of the Planning
Commission.
Action Taken:Mr.Lane moved thatthe Consent Agenda be approved,seconded by Mr.Liebrecht,
and passed unanimously.
COMMISSION APPOINTMENTS
WP TOURISM COMMISSION
Mayor Covey requested Council confirmation of the re-appointmentofChristine Richie,Mary Perry,
and Brenda Teals to the Tourism Commission.
Action Taken:Mr.Pearce moved that the re-appointment of Christine Richie,Mary Perry,and
Brenda Teals to the Tourism Commission be confirmed,seconded by Mr.Ecret,and passed
unanimously.
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None
ORDINANCES AND RESOLUTIONS
/07jT ORDINANCE -AMEND 13.12 -WATER AND SEWER RATES -1ST READING
An ordinance was presented which inserts the new storm water utility rates and deleting some
outdated requirements inChapter 13.12.The ordinancewas submitted as a first readingdue to
the number of changes after a priorfirst reading.
The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled"Water and
Sewer Rates"was read by title only.
GaryG.Harer,Municipal Services Director,explained the changes thatwere made since the prior
Council consideration and mentioned that a credit option has also been included.
A letter was submitted from Gary Ash,General Manager of NationalFrozen Foods, which provided
additional suggestions for changes to the rates.
Ken Gordner,REC Solar Grade Silicon,pointed out that REC has the same type of discharge
permit that National Frozen Foods has.
O
o
n
6964
CITY COUNCIL MINUTES December 22,2009
There was considerable discussion and it was the consensus o the Council that the credit option
be used and the ordinance be amended to increase the residential and non-residential 1 rate to
$5.00 and the credit amounts be 80%for approved non-residertial properties that have an active
National Pollutant Discharge Elimination System and 50%for approved non-residential properties
that discharge to privately maintained on-site treatment facilities.
Action Taken:Mr.Ecret moved that the ordinance be amended to increase the credit amounts to
80%for approved non-residential properties that have an aclive National Pollutant Discharge
Elimination System,to 50% for approved non-residential properties that discharge to privately
maintained on-site treatment facilities,the non-residential 1 category be increased to $5,and the
residential rate be changed to $5,seconded by Mr.Liebrecht,end passed unanimously.
ORDINANCE -CREATE 13.03 -STORMWATER UTILITY \ND PROVISIONS FOR RATE
STRUCTURE -1st READING
W
An ordinance was presented which establishes the stormwater u ility and the provisions forthe rate
structure.
The ordinance creating Chapter 13.03 of the Moses Lake Muricipal Code entitled "Stormwater
Utility and Provisions for Rate Structure"was read by title only.
Gary G. Harer, Municipal Services Director,explained that the ordinance creates the stormwater
utility,classifies each rate structure,establishes what the fund;;will be used for, and details the
properties that are exempt.
Action Taken:Mr.Pearce moved that the first reading of the ore inance be adopted,seconded by
Mr.Liebrecht,and passed unanimously.
ORDINANCE -AMEND 2009 BUDGET -SINGLE READING
An ordinance was presented which amends the 2009 budget.
Theordinance amending the 2009 budget for the City ofMoses Lpke,Washington wasread 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.Pearce,and passed unanimously.
RESOLUTION -ACCEPT DONATION -REC SILICON
A resolution was presented accepts the donation of $16,000 from REC Silicon. The funds will be
used to purchase equipment for the Police Department.
The resolution accepting a donation from REC Siliconto the Moses Lake Police Department was
read by title only.
Action Taken:Mr.Liebrecht moved that the resolution be adopted,seconded by Mr.Deane,and
passed unanimously.
/o/o
/OVcs
6965
CITY COUNCIL MINUTES December 22, 2009
//2b'/l RESOLUTION -BUILD ON UNPLATTED PROPERTY -STUMP H '
A resolution was presented which rescinds the City Council's previous action approving a request
to allow James and Rosemary Stump to build on unplatted property with the condition that the
property be platted within one year.Staff is requesting that the City Council rescind Resolution
#3025 and allow James and Rosemary Stump to build on unplatted property with no condition to
platthe subject property. After review by staffof the proposed Stump Short Plat, itwas discovered
that platting of this particular piece of property poses complications due to the lack of dedicated
right-of-wayabutting the subject parcel.Municipal Services and Community Developmentstaffmet
to talk aboutthis issue and concluded that itis not advisable to plat the Stump property at this time.
The resolution allowing James A. and Rosemary J.Stump to build on unplatted property was read
by title only.
GilbertAlvarado,Community Development Director,stated that this property was annexed several
years ago. He mentioned that the city requires a residence to front on dedicated right-of-way and
there is no right-of-way available to this site.The requirement to front on dedicated right-of-way
cannot be waived and so the easiest solution at this time is to remove the requirement to plat. He
mentioned that there is an existing house on the property and the building being constructed is a
pole barn.
IO/7
l/M
Action Taken:Mr.Liebrecht moved that the resolution be adopted,seconded by Mr.Pearce,and
passed unanimously.
REQUEST TO CALL FOR BIDS
PICKUPS
Staff requested authorization to call for bids for three new pickups to replace pickups in the
Wastewater,Street,and Parks Divisions.
Action Taken:Mr.Lane moved that staffbe authorized to call for bids,seconded by Mr.Ecret,and
passed unanimously.
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
GROUP B WATER SYSTEM
Patrick Carroll,Manager of Lakeshores West LLC,requested approval to create a Group B water
system to serve a nine lot development in Cascade Valley.The property is within the city's
unincorporated UGA.The city's mains would need to be extended across Moses Lake in order to
serve the area.
There was some discussion on when this property could be connected to city services.
O
//<£>£
n
u
U
6966
CITY COUNCIL MINUTES December22, 2009
Action Taken:Mr.Lane moved that the request be granted with the stipulation that a covenant a
be required forthe construction of a water main along the front of the platand the property will
connect to it when a city water main is extended to the property,seconded by Mr.Ecret, and
passed unanimously.
ROAD N -DEVIATION AND DEFERRAL
Citystaffis preparing the plansand specifications for improving RoadN from Wheeler Roadtothe
entrance of Guardian Fiberglass. A deviation is being requested inorder to reduce the required
asphalt width from 50'to42'where the railroad crosses Road Nanda deferral for construction of
sidewalks on each side of Road N.Road N will be constructed with 2 travel lanes,a center turn
lane, and a bike lane and curband gutteron each side. The reason for the request to reduce the
asphaltwidth atthe railroad crossingisso thatthe cross armstandardsand switch gearneed not
be moved.Also,the Manual for Uniform Traffic Control Devices states that a three-lane road
should be marked with a centerline fora two-lane approach at railroad crossings.The reason for
not installing sidewalksonbothsides isthatthereisnotsufficientright-of-way.The additional right-
of-waywill be dedicatedandthe sidewalkswill be installed bythe property ownersas the adjoining
properties are platted.
Gary G.Harer,Municipal Services Director,explained the deviation and deferral requests.
There was some discussion concerning the traffic congestion that would be caused by fuel trucks
having to stop at the railroad tracks on the narrowed road section and ways to address the
problem.
Action Taken:Mr.Deane moved that the requests for a deviation and a deferral be granted,
seconded by Mr.Pearce,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
PLAQUES
Deputy Mayor Pearce presented plaques to outgoing Council member Jim Liebrecht and Mayor
Ron Covey.
CITY MANAGER REPORTS AND COMMENTS
CITY COUNCIL/STAFF RETREAT
Joseph K.Gavinski, City Manager,stated that the date for the Council/staff Retreat has been
changed to February 26 and 27 at the ATEC building.
AWC LEGISLATIVE CONFERENCE
Joseph K.Gavinski,City Manager,stated thatseveral Council members have indicatedan interest
inattending the AWC LegislativeConference on January27 and 28,2010.Meetings will beginat
[^_J 9 a.m.on January 27 and January 28 is reserved for meetings with the legislators.
/0Oc/
;<JV3
/JOi>
6967
CITY COUNCIL MINUTES December 22,2009
/6>0f NEW COUNCIL MEMBER WORKSHOP
/oo?
Mr.Lane mentioned that there is a New Council Member Workshop in Spokane on January 8 and
9 and felt that it would be a good workshop to attend for both new and experienced Council
members.
OATH OF OFFICE
Ronald R.Cone,Finance Director,administered the Oath of Office to the newly elected Council
members Bill Ecret,Karen Liebrecht,and David Curnel.
The regular meeting was adjourned at 8:35 p.m.
ATTEST Ronald C.Covey,Jvlayot^
A
Ronald R.Cone,Finance Director
r.