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MOSES LAKE CITY COUNCIL
May 22,2007
Council Present:RonCovey,Bill Ecret,Jon Lane,Dick Deane,Richard Pearce, Brent Reese,and
Jim Liebrecht
PLEDGE OF ALLEGIANCE:MayorCovey led the Councilinthe pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes of the May 8, 2007 meeting be approved,seconded
by Mr.Lane, and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims, and payroll issued be
approved,seconded by Mr.Liebrecht,and passed unanimously.
Vouchers auditedand certified bythe Finance Director as required by RCW42.24.080, andthose
expense reimbursement claims,certified as required by RCW42.24.090,havebeen recorded on
a listing which has been made available to the Council for approval and is retained for public
inspection at city hall.
Asof May 22,2007 the Council does approve for payment claims in the amount of $1,430,308.94;
prepaid claims in the amounts of $66,6769.73 and $230,757.24;checks in the amount of
$1,396,033.67;and payroll inthe amount of $51,240.38.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Request to Connect to CityServices - FarwestSteel: FarwestSteel has requested citywaterand //U>Cp
sewer fortheir new 60,000 square foot buildingon property located at the intersection of Randolph
and Graham Roads.The water and sewer will be for domestic use.
Resolution-Abandon Easement-Monroe and Jones:A resolution was presentedwhich abandons
an easement located at the intersection of Monroe Street and Jones Boulevard.
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Resolution -Storms Maior Plat -Accept Improvements:Aresolution was presented which accepts /te k
the municipal improvements constructed as part of the Storms Major Plat.
Accept Work - Dogwood Court Proiect: Harden Construction completed the work on the 2005 /Q/<?
Dogwood Court Project.This project consisted of improving Dogwood Street on the northerly side
of Broadway Avenue and improving the intersection of Broadway Avenue and Dogwood Street.
Action Taken:Mr.Reese moved that the Consent Agenda be approved,seconded by Mr.Lane,
and passed unanimously.
COMMISSION APPOINTMENTS
PARKS AND RECREATION COMMISSION
(j Mayor Covey requested Council confirmation ofthe re-appointment ofBrian Dano to the Parks and
^—Recreation Commission.
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CITY COUNCIL MINUTES May22, 2007
Action Taken:Mr.Deane moved that the re-appointment of Brian Dano to the Parks and
Recreation Commission be confirmed,seconded by Mr. Ecret,and passed unanimously.
CONSIDERATION OF BIDS AND QUOTES
10/9 EASTLAKE BOOSTER PUMP STATION/STREET IMPROVEMENTS
O
oi5 The city received no bids for the Eastlake Booster Pump Station and improvements to Eastlake
Drive and Bailey Avenue.
Gary G. Harer, Municipal Services Director,recommended that staffbe authorized to negotiatewith
the contractors for this work.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that staff be authorized to negotiate with contractors for this
project,seconded by Mr.Reese,and passed unanimously.
ion radios
The city received one bid for the SCBA Equipment,two bids for the portable radio equipment,and
two bids for the mobile intercom equipment.
ActionTaken:Mr.Liebrecht moved that the bid for the SCBA Equipment be awarded to L. N.Curtis ---
and Sons inthe amount of $36,251,seconded by Mr.Lane, and passed unanimously.f )
Action Taken:Mr.Lane moved that the bid for the portable radio equipment be awarded to Day
Wireless in the amount of $26,195,seconded by Mr.Ecret, and passed unanimously.
GaryG.Harer,Municipal Services Director,stated that bids forthe mobile intercom equipment were
received from Day Wireless,which did not have a unit price,and from Spectrum Communications,
which was altered.He recommended that the bids be declared non-responsive and staff be
authorized to rebid the equipment.
Action Taken:Mr.Deane moved that the bids for the mobile intercom equipment be declared to
be non-responsive and staff be authorized to rebid the equipment,seconded by Mr.Lane, and
passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/Of7 ORDINANCE -JUNIPER DRIVE VACATION - 1st READING/PUBLIC HEARING
The Moses Lake Clinicsubmitted a request to vacate the portion of Juniper Driveadjacent to Lots
1-4,Block 1,Lakeview Terrace Unit 1.
Gilbert Alvarado,Community Development Director,stated that adjacent and affected property
owners were notified of the proposed vacation. He mentioned that letters in opposition were
submitted by Edwin Ruff,Don Tucker,and Ronald R.Cone as well asatelephone call from Mr.and ^^^
Mrs.Harvey Wilson.Letters from the ChamberofCommerce and Grant County EDC supported ()
the Clinic's request.Cascade Natural Gas has indicatedthey have a 2"steel gas main inJuniper
Drive.A traffic study was conducted in2004 which indicatedthere would be no impactto the area
if Juniper Drive were vacated.
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CITY COUNCIL MINUTES May 22,2007
\)There was some discussion by the Council concerning the information that was provided in 2004
concerning the vacation of Juniper Drive.
David Olson,Moses Lake Clinic,statedthatthe vacationofthis portion ofJuniper Drive isessential
to its expansion plans.He pointed out that the traffic study conducted three years ago shows
negligible impact to the area if Juniper is vacated.He submitted petitions with over 1,100
signatures supporting the vacation ofJuniper Drive.He mentioned that ifJuniper isvacated,the
Clinic is proposing to demolish the existing buildings along Juniper and construct a two story
building tohousestaffand additional physicians.He pointed outthat making the vacated portion
ofJuniper Drive part ofa parking lot will eliminate theneed for patients tonegotiate curbs and traffic
and they are willing to discuss any mitigation measures that maybe requested by city staff.
There was some additional discussion by the Council.
The ordinance vacating a portion of Juniper Drive was read by titleonly.
The public hearing was opened.
Ron Cone,1154 S. Balsam, submitted picturesofother entities that expanded withoutthe need to
vacate streets and mentioned that he has always been able to find a parking space at the clinic.
He was opposed to the vacation of Juniper.
Leonard Reynolds, 962 Juniper,stated that he owns several lotson Juniperand Cherry whichwill
be adversely affected by the vacation of Juniper and he is opposed.
DaveO'Konek,911 S. Ironwood,pointedoutthatthe residents of Ironwood,Hawthorne,and Cherry
use Juniper Drive.Hewas opposed tothe vacationas he feltthere areotheralternativesavailable.
Steve Monek,827 Ironwood,submitted a petition opposing the vacation of Juniper Drive.
Mike Brown,827 Kiefer,was opposed to the vacation of Juniper Drive as the accesses are already
limited for the Lakeview Terrace neighborhood.The residents use Juniper to access Hill in order
to catch the lighton Pioneer because of the traffic on Canterbury due to the health clinic and the
lack of a light at Olive and Pioneer. He pointed out that emergency services could not use Olive
during the winter. He feltthat because of the residential nature of the area the traffic should not be
rerouted due to the vacation of Juniper Drive.
Coralee Gill,934 Juniper,stated that the traffic has increased since the clinic was constructed and
felt that the clinic should relocate but ifthe vacation ofJuniper willslow down the traffic down she
would not be opposed.
Dr.Keith Ulnick,151 Karl Road,pointed out that forthe convenience and safety of the patients the
clinic needs to expand its services.
Charles Neuman,952 Juniper,Gladys Forsyth Bishop,931 Juniper,William Bishop,931 Juniper,
Ernest Burnett, 923 Juniper, and Mr.Dexterwere opposed to the vacation of Juniper Drive.
Tom Jackson,4498 RoadK NE,a physician atthe clinic,statedthatthe clinic isagoodhealthcareiJprovideranditprovidesmultiplespecialtiesonsite.Because of the growth of the community the
v--'clinic has had to fragment someof its services.There isa need for new doctors but there is no
space available at the present time.
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CITY COUNCIL MINUTES May22, 2007
Diana Ecret,1524 James,stated that she works at the clinic and the additional parking will provide
needed handicap spaces for the patients.
Pat Farley,956 Juniper,stated that there is a lot of traffic on Juniper and there are times when
there is no parking available.She felt that the vacation of Juniper will reduce traffic speed.
Luke McKean,704 E.Olive,stated that they own property at the intersection of Juniper and Olive
and Juniper and Cherry. He pointed out that the traffic is problem around the community health
clinic. He felt that vacating Juniper would result inadditional traffic problems inthis area and that
there are other alternatives to address the clinics parking problems such as parking garages and
skywalks.He feltthat the vacation needs to serve a public purpose rather than a private purpose
and submitted written information.
John Wheaton,582 Potato Hill Road,stated that the clinic has rented and purchased additional
property for parking purposes but in orderto makethe clinic work properly, it needsto beconverted
to a campus setting to accommodate all the staff and the need for communication between the
staff. He mentioned that Juniper has become a major access to and from the area but by vacating
a portion of Juniper itwill slow down the traffic.Expanding the clinic willallow all the services and
patient care to be in one place.He pointed out that the curbs are an obstacle to orthopedic patients
and it is a safety issue not just a convenience issue.
Rick Farley,956 Juniper,stated thatthis is an older neighborhood and the traffic is from the doctors
and patients ofthe clinic. He mentioned that most ofthe people wish to keep this traffic out of the
neighborhood.
Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Reese,and
passed unanimously.
There was considerable discussion by the Council.
Action Taken:Mr.Deane moved that current information be provided and a study session be set
to discuss the issue of vacating Juniper Drive,seconded by Mr.Reese,and passed unanimously.
A study session was set for June 19 at 7 p.m. inthe Council Chambers.
}J$tf POTHOLES RESERVOIR SUPPLEMENTAL FEED ROUTE
Dan Batorrequested time to inform the Council of the supplemental feed route for the Potholes
Reservoir proposed by the Bureau of Reclamation. He stated that currently water is conveyed
through a concrete lined canal system from Billy Clapp Laketo a point approximately two miles
north of Moses Lakewhere itis introduced into Crab Creek where itthen flows through Moses Lake
into PotholesReservoir.The proposal isto provide supplemetnalfeedwatertoPotholesReservoir
byrelease ofwater year round directly into Crab Creek at Billy Clapp Lake.This would result in the
sedimentationofMoses Lake,possiblecontamination ofcityand private wells,increaseinmosquito
breeding places duetothe rise in ground water,possible exposure of lead pellets in Crab Creek,
and increase in phosphorous in Moses Lake.He mentioned thatthe test flows have already
damaged private property.He stated that the Bureau of Reclamation has a duty to provide water
from the Potholes Reservoir to the lower project.Because of an increase in the efficiency of the ^^^
irrigation systems there isa lack of return flow and so less water is being returned to Potholes ()
Reservoir through percolation.For these reasons the Bureau is proposing thesupplemental feed
route to the Potholes Reservoir.
There was some discussion by the Council.
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CITY COUNCIL MINUTES May 22,2007
^_J It was the consensus of the Council that aletter stating the concerns of the city,lack of information
and lack of notice,be sent to the Department of Reclamation with copiesto state and national
legislators.
Curt Carpenter,Manager,Moses Lake Irrigation and Rehabilitation District,stated that there isa
definite sedimentation problem and the Bureau's consultant did nottake into account glaciation or
any oftheexisting sedimentation.The consultantfor MLIRD for its sedimentation removal program
has estimated thatthe amountof sedimentation identifiedthe Bureau's consultant isabout one third
of the actual sedimentation that will end up in the lake.He pointed out that ifthis program is
implemented bytheBureau,Moses Lake will be receiving about sixtimes theamount ofsediment
it is receiving at the present time.
ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND ADMINISTRATIVE ENFORCEMENT -2nd READING //Q^
An ordinance was presented whichsimplifies the use ofthe administrative enforcement process.
The ordinance amending Chapter 1.20ofthe MosesLake Municipal Code entitled "Administrative
Enforcement"was read by title only
ActionTaken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded
by Mr.Pearce, and passed unanimously.
l^j ORDINANCE -CREATE CHAPTER 12.14 -SIDEWALK USE LICENSES -2nd READING ///>/
An ordinancewas presented whichcreates regulations for a sidewalk use license.
The ordinance creating Chapter 12.14of the Moses Lake Municipal Code entitled"SidewalkUse
Licenses"was read by title only.
Action Taken:Mr.Deane moved that the second reading of the ordinance be adopted,seconded
by Mr.Liebrecht, and passed unanimously.
ORDINANCE -GARBAGE COLLECTION - 2nd READING
An ordinance was presented which establishes a new charge fora commercial extra pickup of a
three yard dumpster as requested by Lakeside Disposal.
The ordinance establishing charges for garbage collection was read by title only.
Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded
by Mr.Pearce,and passed unanimously.
ORDINANCES -ADMISSIONS TAX.WATER REGULATIONS.AND BUILDING PERMITS -1st
READINGS
Ordinances were presentedwhich changetheenforcement process regarding admission tax,water
{)regulations,and building permits.
The ordinance amending Chapter 3.16 ofthe Moses Lake Municipal Code entitled "Admissions //VV
Tax"was read by title only.
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CITY COUNCIL MINUTES May 22, 2007
ActionTaken:Mr.Lane moved thatthe first reading ofthe ordinance beadopted,seconded by Mr.
Ecret,and passed unanimously.
/07°The ordinance amending Chapter 13.07 of the Moses Lake Municipal Code entitled "Water
Regulations"was read by title only.
Action Taken:Mr.Ecret moved that the firstreading ofthe ordinance be adopted,seconded by Mr.
Lane,and passed unanimously.
jOh^f The ordinance amending Chapter 16.02 of the Moses Lake Municipal Code entitled "Building
Permits"was read by title only.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
/OfI ORDINANCE -AMEND 17.04 -GENERAL PROVISIONS -1st READING
An ordinance was presented which requests the assignment of water rights to the city upon
subdivision of land.
The ordinance amending Chapter 17.04 of the Moses Lake Municipal Code entitled "General
Provisions"was read by title only.
James A.Whitaker,City Attorney,explained that requesting the assignment of water rights from
property being subdivided and using city water,is a way for cities to help offsetthe loss of capacity
by development.
Joseph K.Gavinski,City Manager,pointed out that water rights are no longer being issued so ifthe
city needs additional water,the city will have to purchase already existing water rights.
Gary G. Harer, Municipal Services Director,stated thatthe cost of waterrights has been estimated
at between $1,500 and $2,000 an acre foot.
There was considerable discussion by the Council on how the city would obtain the water rights.
Bob Fancher,6726 N. Frontage Road,stated that he was concerned about whether or not these
proposedregulationswouldapplyto industrial andcommercialwater rights since they have already
spend hundreds of thousands of dollars for water rightsinorderto providewaterto theirindustrial
clients. He mentioned that while the proposed regulations were not intended to deal with industrial
or commercial water rights,the issue should be clarified.
Mark Fancher, 301 E. Englewood,stated that the proposed regulations about water rights is
happening all overthe area but he was concerned about howthe cost wouldbe determined.
Mr.Whitaker stated that the fee suggested by citystaff is $1,500 peracre footand that fee would
be established by resolution at the second reading of the ordinance.
Phil Bloom,Columbia Northwest Engineering,suggested that"service provider"be clarified inthe
ordinance.
There was some discussion about some of the regulations.
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CITY COUNCIL MINUTES May 22,2007
\_J Mr.Gavinski suggested that the following changes be made to the ordinance -In the last sentence
in Subsection A,add after provider,"industrial orindustrial applications orthose situations where
water is provided to applications on the property by someone or some entity other than the city".
The last sentence in Subsection B would be eliminated.
It was the consensus of the Council that the changes be made.
RESOLUTION -ACCEPT DONATION -MOSES LAKE CLINIC
A resolution was presented which accepts an $800 donation from the Moses Lake Clinic.The
funds will be used for the Parks and Recreation Department Fun Run.
The resolution accepting acashdonation of $800.00 from the Moses Lake Clinic for the Parks and
Recreation Fun Run 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
2007 WELL DRILLING PROJECT
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Staff requested authorization to call for bids to drill Well 19 at Moses Pointe and Well 31 at //f0?
Westlake.
Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Deane,
and passed unanimously.
REFERRALS FROM COMMISSIONS
MANTA RAY SWIM MEET -2008
The Manta Ray Swim Team requested the use of the aquatic center the weekend of May 17 and
18,2008,which is a week before it is opened to the general public.The Parks and Recreation
Commission recommended that the request be granted with the stipulation that the swim team be
required to reimburse the city for any costs in providing the facility.
Spencer Grigg,Parks and Recreation Director,stated that this is a separate request from their
normal mid-summer event.Staff does not have any objections to this request.
Action Taken:Mr.Pearce moved that the request be granted with the stipulation that any costs be
reimbursed by the swim team,seconded by Mr.Ecret,and passed unanimously.
CROSSROADS MAJOR PLAT/THE LAKES MANUFACTURED HOME PARK-PARK PROPERTY
The developers ofthe Crossroads MajorPlatand The Lakes Manufactured Home Park Binding Site
Plan have offered 4.52 acres of land fora future parkto be located south of the proposed binding
site plan and east of the Crossroads Major Plat.The Parks and Recreation Commission
I )recommended that the property be accepted.
Spencer Grigg,Parksand RecreationDirector,stated thatthisareahas been designated as being
deficit in park property.
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CITY COUNCIL MINUTES May22, 2007
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the proposal be accepted with the stipulation that the
developer be notified that the land may not satisfy all the requirements for dedication of park
property or fee inlieu of property,seconded by Mr.Deane,and passed with Mayor Covey opposed
as he felt consideration should be delayed until the plat is submitted.
OTHER ITEMS FOR COUNCIL CONSIDERATION
.RESOLUTION -PLAT WAIVERS -URBAN GROWTH AREA
A resolution was presented which provides additional guidance for the granting of waivers for plats
located in the Urban Growth Area.
James A.Whitaker,City Attorney,stated that staff is encountering difficulties with the issuance of
the utilitywaivers that Grant County requires for plats in the Urban Growth Area.He explained the
additional issues that staff can consider prior to issuing a waiver.
The resolution supplementing the policy established in Resolution 1307and amended in Resolution
2513 relating to the provision of water and/or sewer utilities outside the corporate limitsof the city
and annexations was read by title only.
Action Taken:Mr.Reese moved that the resolution be adopted,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 -None
The regular meeting was adjourned at 11 p.m.
ATTEST:Ronald C.Covey,May/4
fcbnald R. Cone,Finance Director
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