2008 03 116671
,MOSES LAKE CITY COUNCIL\_J March 11,2008
Council Present:RonCovey,Bill Ecret,Dick Deane,Richard Pearce,Brent Reese, Jon Lane,and
Jim Liebrecht
PLEDGE OF ALLEGIANCE:Mayor Covey ledthe Council inthe pledge of allegiance.
MINUTES:Mr.Reese moved that the minutes of the February 26, 2008 meeting be approved,
seconded by Mr.Lane, 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 March 11,2008 the Council does approve for payment claimsinthe amount of$957,742.87;
prepaid claims in the amounts of $28,457.90 and $7,536.97;claim checks in the amount of
$3,608,256.31; and payroll inthe amounts of $2,666.39 and $39,642.22.
Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be
approved,seconded by Mr.Reese,and passed unanimously.
[^_J PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Resolution -Accept Donation -Japan Airlines:Aresolution was presented which accepts a$2,000 /0 V(&
donation from Japan Airlines.The funds are to be used inthe Parks and Recreation Department.
Resolution -Spring Festival:A resolution was presented regarding the Spring Festival tobe held /3<^A
on May 22 - 26,2008.
Civic Center Park -Classic Car Club:The Moses Lake Classic Car Club requested permission to ///</
use the Civic Center Park for a car show on May 24,2008.
Action Taken:Mr.Ecret moved that the Consent Agenda be approved,seconded by Mr.Lane, and
passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
AMBULANCE
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The city received one bid for an ambulance to replace the 2003 Ford E-350 ambulance that has
approximately 250,000 miles on it.
Action Taken:Mr.Ecret moved that the bid be awarded to Hughes Fire Equipment in the amount
of $152,573,seconded by Mr.Pearce,and passed unanimously.
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CITY COUNCIL MINUTES March 11,2008
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
JOSf ORDINANCE -WILLIS ANNEXATION -2nd READING AND PUBLIC HEARING
An ordinance was presented which annexes approximately 1.24 acres owned by Richard Willis
located adjacentto Kittelson Road and zone the property C-2,General Commercial and Business.
The ordinance annexing property commonly known as the Willis Annexation to the City of Moses
Lake,Washington,and incorporating the samewithinthe corporate limitsof the Cityof Moses Lake
was read by title only.
The public hearing was opened.
Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Lane,and
passed unanimously.
Action Taken:Mr.Deane moved that the second reading ofthe ordinance be adopted,seconded
by Mr.Lane,and passed unanimously.
ORDINANCES AND RESOLUTIONS
/OS</ORDINANCES -HEARING EXAMINER -2nd READING
1011 Ordinances were presented which amend the regulations dealing with appeals to the Hearing
Examiner.
The ordinance amending Chapter 18.80 of the Moses Lake Municipal Code entitled "Hearing
Examiner"was read by title only.
Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
The ordinanceamending Chapter20.07ofthe Moses Lake Municipal Code entitled"Public Notice
Requirements"was read by title only.
ActionTaken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded
by Mr.Ecret, and passed unanimously.
109*1 ORDINANCE -PARKING REGULATIONS -1st READING
An ordinance was presented which establishesthe first four parking spaces onthe northerly side
of Gumwood Street as handicapped parking spaces.
The ordinance amending Chapter 10.12 of the Moses lake Municipal Code entitled "Parking
Regulations"was read by title only.
Gary G.Harer,Municipal Services Director,explained therequestfrom AndyGrenier,Pastor ofthe
First Baptist Church on Fourth Avenue.
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CITY COUNCIL MINUTES March 11,2008
M Mr.Grenier stated that theyhave atleast 7 persons in the congregation that are handicapped and
the two new spaces are especially needed duringthe winter weather.
Action Taken:Mr.Liebrecht moved that the first reading of the ordinance be adopted,seconded
by Mr.Deane, and passed unanimously.
ORDINANCE -WATER AND SEWER RATES -1st READING
An ordinancewas presented which increase the water and sewer rates for the city.
The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water and
Sewer Rates"was read by title only.
ActionTaken:Mr.Ecretmoved thatthe first readingofthe ordinancebe adopted,seconded by Mr.
Pearce,and passed unanimously.
ORDINANCES -WAIVERS.DEFERRALS.DEVIATIONS.AND APPEALS -1st READING ^f
Ordinances were presented which eliminates variances and establishes waivers,deferrals,and
deviations for shortand major plats and binding site plans.The ordinance alsoupdatesthe appeal
procedures.
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James A. Whitaker, CityAttorney, stated that the these changes to eliminatevariances from the
ordinances will bring the cityintocompliance withthe Growth Management Act.
There was some discussion by the Council.
The ordinance amending Chapter 17.13 of the Moses Lake Municipal Code Entitled "Short
Subdivisions"was read by title only.
Action Taken:Mr.Pearce moved that the first reading ofthe ordinance be adopted,seconded by
Mr.Ecret,and passed unanimously.
The ordinance amending Chapter 17.17 of the Moses Lake Municipal Code entitled "Major
Subdivisions"was read by title only.
Action Taken:Mr.Lane moved that the firstreading ofthe ordinance be adopted,seconded by Mr.
Liebrecht,and passed unanimously.
The ordinance Amending Chapter 17.25 of the Moses Lake Municipal Code entitled "Binding Site
Plan"was read by title only.
Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by
Mr.Lane,and passed unanimously.
The ordinance amending Chapter 17.40 of the Moses Lake Municipal Code entitled "Variances"
was read by title only.
Action Taken:Mr.Liebrecht moved that the first reading of the ordinance be adopted,seconded
by Mr.Lane,and passed unanimously.
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CITY COUNCIL MINUTES March 11, 2008
IOf?.-ORDINANCE -ACQUIRE PROPERTY -1st READING <\)
7osLf'An ordinance was presented which will begin the process of acquiring property to complete the
Japanese Peace Garden
The ordinance of the City of Moses Lake,Washington,authorizing the City Attorney to acquire by negotiation
and/or condemnation of certain properties for the construction,expansion and completion of the Japanese
Peace Garden Park project;providing for the condemnation,appropriation,taking and damaging ofland and
other property rights necessary therefore;all located within the City of Moses Lake as assessor's parcel
number 11 0095 000 in Grant County,Washington [in re Japanese Peace Garden Park project]was read
by title only.
Jim Whitaker,City Attorney,explained the background of this action to acquire the property
adjacent to the Japanese Peace Garden in order to complete that park.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by
Mr.Liebrecht,and passed unanimously.
l/SCj RESOLUTION -AMBULANCE UTILITY FEE
A resolution was presented which sets the ambulance utility fee.
The resolution establishing ambulance service utility rates was read by title only.
There was some discussion by the Council.(T*\
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Pearce,and
passed unanimously.
/Qfo RESOLUTION -ACCEPT DONATION -MOSES LAKE LITTLE LEAGUE
A resolution was presented which accepts a donation of $1,000 fromthe Moses Lake Little League
for use of the youth baseball at Knolls Vista Park A Field.
The resolutionaccepting a cash donation of $1,000 from Moses Lake Little League was read by
title only.
Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Lane,and
passed unanimously.
request to call for bids
/$l/Q wanapum activity trail
Staff requested authorization to call for bids for the 2008 Wanapum ActivityProject.This project
includes constructing a 12'wide activity trail parallel to Wanapum Drive from Peninsula Driveto
Lakeshore Drive.
Gary G.Harer,Municipal Services Director,stated that the city has obtained some grants forthis
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CITY COUNCIL MINUTES March 11,2008
Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Pearce,
and passed unanimously.
ROAD N UTILITY PROJECT
Staff requested authorization to call for bids for the 2008 Road N Utility Project.This project
includes extendingthewaterandsewermainsalong RoadNtoservethe new RECexpansion and
new Guardian Fiberglass plant projects.This project will be funded bythe StrategicReserve Grant
and the property owners.
Action Taken:Mr.Pearce moved that staff be authorized to call for bids,seconded by Mr.Reese,
and passed unanimously.
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
SIDEWALK WAIVER ON PENINSULA DRIVE
Staff requested awaiverofthe requirementtoconstructsidewalkalonga 55'section of Peninsula
Drivelocated northeasterly of Margaret Street. The waiver is requested becauseofthe insufficient
right-of-way and the large fills created when the Departmentof Transportation constructed the
bridge over I-90.
(j^Gary G.Harer,Municipal Services Director,explained that when the overpass was reconstructed
by the Dept. of Transportation several years ago, a guard rail was installed but no sidewalk was
constructed from the bridge to Margaret Street.This area is the location of the Peninsula Drive
Reconstruction Projectand inorderto proceed atthis time the sidewalk inthis area will need to be
addressed at a laterdate.He mentioned thata sidewalk will need to be constructed to connect the
bridge to Margaret Street in the future and may require additional right-of-wayand retainingwalls.
There was some discussion by the Council.
Action Taken:Mr.Ecret moved that the request to defer construction of a 55' long section of
sidewalk along Peninsula Drive from Margaret Street to the overpass at Wanapum Drive be
granted,seconded by Mr.Lane, and passed unanimously.
BUSBY INTERNATIONAL MAJOR PLAT/FINDINGS OF FACT
MikeMansfieldof Busby Internationalsubmitted an applicationfora 48-acre one-lot preliminaryplat
inthe Heavy Industrial Zone,located northofWheeler Road and east of Road L. The site has been
divided into8 parcels, includinga privatestreet, throughthe bindingsite plan process.Nobuildings
or development are proposed at this time. The applicant also requested to defer street and utility
improvements to Wheeler Road and to use septic systems fordomestic wastewater until gravity
sewer is available inWheeler.A dry sanitary collection system that would extend to Wheeler Road
would be installed,so that once city sewer is available,any septic systems would be abandoned
and the buildings would be connected to the city sewer system.
,j James A.Whitaker,City Attorney,explained that Moses Lake Municipal Code 13.04.045 provides
v-^that private sewer systems,septic tanks with drainfields, and on-site disposal systems are
prohibited fornew subdivisions.Since the Busby International Major Platis a new subdivision,the
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CITY COUNCIL MINUTES March 11,2008
approval by the Planning Commission of the request to defer sewer improvements,provided the
proposed septic system is acceptable to the Health District,was in error.He recommended that
the subdivision be remanded to the Planning Commission for further consideration of the septic
tank issue.
Mayor Covey stated that he had spoken with the developer and staff concerning this project and
felt that a deferral was being requested on the sewer line since a covenant could be required for
connecting to sewer as part of the plat approval.
Mr.Whitaker pointed out that the city's regulations do not allow for the installation of septic tanks
and there is no deferral process in Moses Lake Municipal Code 13.04,Sewer Regulations.
There was considerable discussion by the Council.
Action Taken:Mr.Pearce moved that this item be tabled until staff can amend the ordinance to
allow the installation of septic tanks in special circumstances,seconded by Mr.Lane,and passed
with Mr.Deane and Mr.Reese opposed as they felt the sewer should be installed.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS -None
The regular meeting was recessed at 8:55 p.m.and the Council met in executive session to discuss
real estate sale with Ralph Kincaid at 9 p.m..At 9:20 the executive session was extended for 10
minutes.At 9:30 the executive session was adjourned and the regular meeting was reconvened.
The regular meeting was adjourned at 9:32 p.m.
ATTEST:Ronald C.Covey,Mayor
Ronald R.Cone,Finance Director
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